CHAPTER 1. THE STATE AND ITS SUBDIVISIONS.

CHAPTER 1, ARTICLE 1. LIMITS AND JURISDICTION.

§1-1-1. Counties comprising state of West Virginia.

§1-1-2. Jurisdiction over rivers.

§1-1-3. Acquisition of lands by United States; jurisdiction.

§1-1-4. Execution of process and other jurisdiction as to land acquired by United States.

§1-1-5. West Virginia coordinate systems; definitions; plane coordinates, limitations of use; conversion factor for meters to feet; official geodetic datum.

CHAPTER 1, ARTICLE 2. APPORTIONMENT OF REPRESENTATION.

§1-2-1. Senatorial districts.

§1-2-2. Apportionment of membership of House of Delegates.

§1-2-2a. Repealed. Acts, 1971 2nd Ex. Sess., Ch. 60.

§1-2-2b. Precinct boundary changes.

§1-2-2c. Redistricting.

§1-2-3. Congressional districts.

§1-2-4. Severability of provisions of article.

CHAPTER 1, ARTICLE 3. CREATION OF NEW COUNTY; CHANGE IN COUNTY LINE.

§1-3-1. Notice of intention to create new county.

§1-3-2. Survey and census; area and population.

§1-3-3. Submission of question of creation of new county to voters; copies of surveys, census and declaration of result of election.

§1-3-4. Plat of new county.

§1-3-5. Certificates to accompany application to Legislature.

§1-3-6. Payment of expenses.

§1-3-7. Filing plat of new county after its creation; change of boundaries.

§1-3-8. Collection of and accounting for public funds; officers' fees; execution of process.

§1-3-9. Jurisdiction of courts; transfer of cases.

§1-3-10. Transfer of proceedings pending before a justice.

§1-3-11. Jurisdiction of old officers to continue until new officers appointed.

§1-3-12. Officers of old county required to reside therein.

§1-3-13. District offices not vacated.

§1-3-14. Notice and survey in case of changing county line.

CHAPTER 1, ARTICLE 4. SEAT OF GOVERNMENT OF POLITICAL SUBDIVISIONS.

§1-4-1. Relocation due to emergency caused by enemy attack or threat thereof.

§1-4-2. Conduct of public business and exercise of governmental functions at temporary location; validity of acts.

§1-4-3. Provisions of article to control and supersede statutory and charter law.

CHAPTER 1, ARTICLE 5. ACQUISITION AND DISPOSITION OF REAL PROPERTY BY AND BETWEEN PUBLIC BODIES.

§1-5-1. Legislative findings and purpose.

§1-5-2. Scope of article; public body defined.

§1-5-3. Acquisition and disposition of real property; approval by board of public works; conveyances.

§1-5-4. Repeal.

§1-5-5. Severability.

CHAPTER 1, ARTICLE 6. STATE PURCHASE OF AMERICAN-MADE FLAGS.

§1-6-1. Purchasing requirements.

CHAPTER 1, ARTICLE 7. THE PROTECT OUR RIGHT TO UNITE ACT.

§1-7-1. Legislative purpose.

§1-7-2. Definitions.

§1-7-3. Protecting privacy of association.

§1-7-4. Civil remedies.

CHAPTER 2. COMMON LAW, STATUTES, LEGAL HOLIDAYS, DEFINITIONS AND LEGAL CAPACITY.

CHAPTER 2, ARTICLE 1. COMMON LAW.

§2-1-1. Common law.

§2-1-2. Ancient lights.

CHAPTER 2, ARTICLE 2. LEGAL HOLIDAYS; SPECIAL MEMORIAL DAYS; CONSTRUCTION OF STATUTES; DEFINITIONS.

§2-2-1. Legal holidays; official acts or court proceedings.

§2-2-1a. Special memorial days.

§2-2-1b. Repealed. Acts, 1982 Reg. Sess., Ch. 76.

§2-2-2. When acts to be done fall on Saturday, Sunday or legal holiday; adjournments from day to day.

§2-2-3. Computation of time.

§2-2-4. Month; year; fiscal year.

§2-2-5. Acts by agent or deputy.

§2-2-6. Seals.

§2-2-7. Affirmation equivalent to oath.

§2-2-8. Effect of repeal or expiration of law.

§2-2-9. Repeal of repealing act.

§2-2-10. Rules for construction of statutes.

§2-2-11. Repeal of validating statutes; effect.

§2-2-12. Headlines, etc., not part of act; notes, etc., attached to bills not to be construed as expressing legislative intent.

§2-2-13. Official business and records of the state to be in English; exceptions; definition.

CHAPTER 2, ARTICLE 3. LEGAL CAPACITY.

§2-3-1. Legal capacity; saving provisions.

CHAPTER 3. ELECTIONS.

CHAPTER 3, ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.

§3-1-1. Short title; purpose.

§3-1-2. Scope of chapter; definitions.

§3-1-2a. Municipal elections.

§3-1-3. Persons entitled to vote.

§3-1-3a. Persons entitled to vote under federal Voting Rights Act Amendments of 1970; authority of Secretary of State.

§3-1-4. Manner of voting.

§3-1-5. Voting precincts and places established; number of voters in precincts; precinct map; municipal map.

§3-1-6. Municipal voting precincts.

§3-1-7. Precinct changes; procedure; precinct record.

§3-1-8. Political party defined; parties or groups that may participate in municipal primary elections.

§3-1-9. Political party committees; how composed; organization.

§3-1-10. Party committees in office.

§3-1-11. Powers of state executive committee; central or subcommittees; party emblems.

§3-1-12. Members of national party committee.

§3-1-13. Other party or group committees.

§3-1-14. Presidential electors; how chosen; duties; vacancies; compensation.

§3-1-15. Election of United States senators and congressmen.

§3-1-16. Election of state officers.

§3-1-17. Election of circuit judges; county and district officers; magistrates.

§3-1-18. Election to fill other offices.

§3-1-19. Ballot commissioners; selection; duties generally; vacancies.

§3-1-20. Cards of instructions to voters; sample ballots; posting.

§3-1-21. Printing of official and sample ballots; number; packaging and delivery; correction of ballots.

§3-1-21a. Vendors authorized to print ballots; eligibility; application and certification; denial, suspension and revocation of authorization; appeal.

§3-1-22. County court clerks to provide election supplies; requirements for poll books and ballot boxes.

§3-1-23. County commission to arrange polling places and equipment; requirements.

§3-1-24. Obtaining and delivering election supplies.

§3-1-25. Supplies by special messenger.

§3-1-26. Election supplies in emergencies.

§3-1-27. Municipal precinct registration records.

§3-1-28. Election officials; eligibility, suspension of eligibility.

§3-1-29. Boards of election officials; definitions, composition of boards, determination of number and type.

§3-1-30. Nomination and appointment of election officials and alternates; notice of appointment; appointment to fill vacancies in election boards.

§3-1-30a. Oaths of election commissioners and poll clerks, substitution of persons.

§3-1-31. Days and hours of elections; scheduling of local elections; extension or shortening of terms of certain elected local officials.

§3-1-32. Opening and closing polls; procedure.

§3-1-33. How elections conducted by double boards.

§3-1-34. Voting procedures generally; identification; assistance to voters; voting records; penalties.

§3-1-35. Ballots to be furnished voters.

§3-1-36. Report on and disposition of ballots spoiled or not used.

§3-1-37. Restrictions on presence and conduct at polls.

§3-1-38. Disorder at polls; procedure.

§3-1-39. Illegal voting; affidavit; procedure.

§3-1-40. Repealed. Acts, 2003 Reg. Sess., Ch. 100.

§3-1-41. Challenged and provisional voter procedures; counting of provisional voters' ballots; ballots of election officials.

§3-1-42. Time off for voting.

§3-1-43. Disposition of miscellaneous election papers.

§3-1-44. Compensation of election officials; expenses.

§3-1-45. Court proceedings to compel performance of duties, etc.

§3-1-46. Training program for election officials.

§3-1-47. Repealed. Acts, 1991 Reg. Sess., Ch. 68.

§3-1-48. Legislative findings; State Election Fund; loans to counties; availability of funds; repayment of loans; grants to counties for election systems; Secretary of State expenditures from County Assistance Voting Equipment Fund.

§3-1-49. Voting system standards.

§3-1-50. Establishment of state-based administrative complaint procedures.

§3-1-51. Identity verification of voters executing voter identity affidavit.

CHAPTER 3, ARTICLE 1A. STATE ELECTION COMMISSION AND SECRETARY OF STATE.

§3-1A-1. Election commission continued; composition; chairperson; per diem; traveling expense.

§3-1A-2. Qualifications of members of commission.

§3-1A-3. Terms of office of commission members; filling vacancies.

§3-1A-4. Office and meetings of commission.

§3-1A-5. Powers and duties of commission; legislative rules.

§3-1A-6. Powers and duties of Secretary of State; exercise of powers by appointees.

§3-1A-7. Candidate's financial disclosure statement.

§3-1A-8. Investigators for the Secretary of State.

§3-1A-9. Nonpublic funding sources for election administration and related expenses.

CHAPTER 3, ARTICLE 1B. FAIR CAMPAIGN PRACTICES.

§3-1B-1. Legislative findings, purpose, declaration and intent.

§3-1B-2. Definitions.

§3-1B-3. Powers and duties of the commission.

§3-1B-4. Hearing; disposition; sanctions.

§3-1B-5. Code of fair campaign practices.

§3-1B-6. Forms.

§3-1B-7. Retention of forms; public inspection.

§3-1B-8. Voluntary subscription to the code.

§3-1B-9. Release from subscription to the code.

§3-1B-10. Adjustment of spending limitations.

CHAPTER 3, ARTICLE 1C. ACCESSIBLE VOTING TECHNOLOGY ACT.

§3-1C-1. Short title.

§3-1C-2. Findings.

§3-1C-3. Definitions.

§3-1C-4. Requirements for accessible voting technology and systems.

CHAPTER 3, ARTICLE 2. REGISTRATION OF VOTERS.

§3-2-1. Permanent voter registration law; uniform system of voter registration.

§3-2-2. Eligibility to register to vote.

§3-2-3. State authority relating to voter registration; chief election official.

§3-2-4. Authority and responsibility of the clerk of the county commission and of the county commission relating to voter registration.

§3-2-4a. Statewide voter registration database.

§3-2-5. Forms for application for registration; information required and requested; types of application forms; notices.

§3-2-6. Time of registration application before an election.

§3-2-6a. Extended time for certain persons to register in person.

§3-2-7. Hours and days of registration in the office of the clerk of the county commission; in-person application for voter registration; identification required.

§3-2-8. Registration outreach services by the clerk of the county commission; challenge of voter's registration.

§3-2-9. Appointment of temporary and volunteer registrars for registration outreach services.

§3-2-10. Application for registration by mail.

§3-2-11. Registration in conjunction with driver licensing.

§3-2-12. Combined voter registration and driver licensing fund; transfer of funds.

§3-2-13. Agencies to provide voter registration services; designation of responsible employees; forms; prohibitions; confidentiality.

§3-2-14. Registration procedures at agencies.

§3-2-15. Special procedures relating to agency registration at marriage license offices.

§3-2-16. Procedures upon receipt of application for registration by the clerk of the county commission; verification procedure and notice of disposition of application for registration.

§3-2-17. Denial of registration application; notice; appeal to clerk of the county commission, decision; appeal to county commission, hearing, decision; appeal to circuit court.

§3-2-18. Registration records; active, inactive, canceled, pending and rejected registration files; procedure; voting records.

§3-2-19. Maintenance of active and inactive registration records for municipal elections.

§3-2-20. Repealed. Acts, 2003 Reg. Sess., Ch. 100.

§3-2-21. Maintenance of records in the statewide voter registration database in lieu of precinct record books.

§3-2-22. Correction of voter records.

§3-2-22a. Repealed. Acts, 1994 Reg. Sess., Ch. 58.

§3-2-23. Cancellation of registration of deceased or ineligible voters.

§3-2-23a. Cancellation of registration of deceased or ineligible voter.

§3-2-24. Repealed. Acts, 2013 Reg. Sess., Ch. 68.

§3-2-25. Systematic purging program for removal of ineligible voters from active voter registration files; comparison of data records; confirmation notices; public inspection list.

§3-2-26. Confirmation notices for systematic purging program.

§3-2-27. Procedure following sending of confirmation notices; correction or cancellation of registrations upon response; designation of inactive when no response; cancellation of inactive voters; records.

§3-2-28. Challenges; notice; cancellation of registration.

§3-2-29. Custody of original registration records.

§3-2-30. Public inspection of voter registration records in the office of the clerk of the county commission; providing voter lists for noncommercial use; prohibition against resale of voter lists for commercial use or profit.

§3-2-31. Rules pertaining to voting after registration or change of address within the county.

§3-2-32. Unlawful registration or rejection of voter; penalties.

§3-2-33. Neglect of duty by registration officers; penalties.

§3-2-34. Alteration or destruction of records; penalties.

§3-2-35. Withholding information; penalties.

§3-2-36. Crimes and offenses relating to applications for registration or change of registration; penalties.

§3-2-37. Effective date.

§3-2-38. Repealed. Acts, 1994 Reg. Sess., Ch. 58.

§3-2-39. Repealed. Acts, 1994 Reg. Sess., Ch. 58.

§3-2-40. Repealed. Acts, 1994 Reg. Sess., Ch. 58.

§3-2-41. Repealed. Acts, 1994 Reg. Sess., Ch. 58.

§3-2-42. Repealed. Acts, 1994 Reg. Sess., Ch. 58.

§3-2-43. Repealed. Acts, 1994 Reg. Sess., Ch. 58.

§3-2-44. Repealed. Acts, 1994 Reg. Sess., Ch. 58.

CHAPTER 3, ARTICLE 3. VOTING BY ABSENTEES.

§3-3-1. Persons eligible to vote absentee ballots.

§3-3-1a. Definitions.

§3-3-2. Authority to conduct absentee voting; absentee voting application; form.

§3-3-2a. Early voting areas; prohibition against display of campaign material.

§3-3-2b. Special absentee voting list.

§3-3-3. Early voting in person.

§3-3-3a. Voting absent voter's ballot by personal appearance in Saturday elections for religious reasons.

§3-3-4. Assistance to voter in voting an absentee ballot by personal appearance; penalties.

§3-3-5. Voting an absentee ballot by mail or electronically; penalties.

§3-3-5a. Processing federal postcard applications.

§3-3-5b. Procedures for voting a special write-in absentee ballot by qualified persons.

§3-3-5c. Procedures for voting an emergency absentee ballot by qualified voters.

§3-3-6. Assistance to voter in voting an absentee ballot by mail.

§3-3-7. Delivery of absentee ballots to polling places.

§3-3-8. Disposition and counting of absent voters' ballots.

§3-3-9. Voting in person after having received and after having voted an absent voter's ballot.

§3-3-10. Challenging of absent voters' ballots.

§3-3-11. Preparation, number and handling of absent voters' ballots.

§3-3-12. Rules, regulations, orders, instructions, forms, lists and records pertaining to absentee voting.

§3-3-13. Absentee voting in municipal elections.

CHAPTER 3, ARTICLE 3A. VOTE BY MAIL PILOT PROGRAM.

§3-3A-1. Short title.

§3-3A-2. Vote by mail pilot program.

§3-3A-3. Secretary of State Rulemaking.

§3-3A-4. Authority to conduct voting by mail.

§3-3A-5. Termination of pilot project.

CHAPTER 3, ARTICLE 3B. UNIFORMED SERVICES AND OVERSEAS VOTER PILOT PROGRAM.

§3-3B-1. Short title.

§3-3B-2. Uniformed services members and overseas voter pilot program.

§3-3B-3. Process for selection by Secretary of State.

§3-3B-4. Minimum requirements for pilot program voting systems.

CHAPTER 3, ARTICLE 4. VOTING MACHINES.

§3-4-1. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-2. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-3. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-4. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-5. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-6. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-7. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-8. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-9. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-10. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-11. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-12. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-12a. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-13. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-14. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-15. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-16. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-17. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-18. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-19. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-20. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-21. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-22. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-23. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-24. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-25. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-26. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-27. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-28. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-29. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-30. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-31. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

§3-4-32. Repealed. Acts, 2011 Reg. Sess., Ch. 26.

CHAPTER 3, ARTICLE 4A. ELECTRONIC VOTING SYSTEMS.

§3-4A-1. Use of electronic voting systems authorized.

§3-4A-2. Definitions.

§3-4A-3. Procedure for adopting electronic voting systems.

§3-4A-4. Procedure for terminating use of electronic voting systems.

§3-4A-5. Duty of county commission to acquire vote recording devices, acquire use of automatic tabulating equipment, and provide a central counting center.

§3-4A-6. Acquisition of vote recording devices by purchase or lease; acquisition of use of automatic tabulating equipment; counting centers.

§3-4A-7. Bids and contracts for vote recording devices; false swearing or failure to disclose facts.

§3-4A-8. Approval of electronic voting system by State Election Commission; expenses; compensation of persons examining system.

§3-4A-9. Minimum requirements of electronic voting systems.

§3-4A-9a. Authorization for ballot-marking voting systems; minimum requirements.

§3-4A-9b. Authorization for precinct ballot-scanning device; minimum requirements.

§3-4A-10. County clerk to be custodian of vote-recording devices, tabulating equipment and electronic poll books; duties.

§3-4A-10a. Proportional distribution of vote-recording devices.

§3-4A-11. Repealed. Acts, 2007 Reg. Sess., Ch. 101.

§3-4A-11a. Ballots tabulated electronically; arrangement, quantity to be printed, ballot stub numbers.

§3-4A-12. Repealed. Acts, 2007 Reg. Sess., Ch. 101.

§3-4A-13. Inspection of ballots, electronic poll books and vote-recording devices; duties of county commission, ballot commissioners and election commissioners; records relating to ballots and vote-recording devices; receipt of election materials by ballot commissioners.

§3-4A-13a. Repealed. Acts, 2011 Reg. Sess., Ch. 60.

§3-4A-14. Election boards where electronic voting systems used.

§3-4A-15. Instructions and help to voters; vote-recording device models; facsimile diagrams; sample ballots; legal ballot advertisements.

§3-4A-16. Delivery of vote-recording devices and electronic poll books; time, arrangement for voting.

§3-4A-17. Check of vote-recording devices and electronic poll books before use; corrections; reserve vote-recording devices.

§3-4A-18. Disrepair of vote recording devices in use; reserve vote recording devices.

§3-4A-19. Conducting electronic voting system elections generally; duties of election officers; penalties.

§3-4A-19a. Form of ballots; requiring the signatures of poll clerks; prohibiting the counting of votes cast on ballots without signatures.

§3-4A-20. Non-affiliated voters in primary elections.

§3-4A-21. Repealed. Acts, 2003 Reg. Sess., Ch. 100.

§3-4A-22. Assistance to illiterate and disabled voters.

§3-4A-23. Persons prohibited about voting booths; penalties.

§3-4A-24. Voting by challenged voter.

§3-4A-24a. Voting by challenged voter where touch-screen electronic voting systems are used.

§3-4A-25. Closing polls.

§3-4A-26. Test of automatic tabulating equipment.

§3-4A-27. Proceedings at the central counting center.

§3-4A-28. Post-election custody and inspection of vote-recording devices and electronic poll books; canvass and recounts.

§3-4A-29. Incorrect recordation or tabulation of votes; testing accuracy of vote recording devices and automatic tabulating equipment; procedures and requirements.

§3-4A-30. Adjustments in voting precincts where electronic voting system used.

§3-4A-31. Use of electronic voting systems in municipal elections.

§3-4A-32. Applicability of general laws relating to elections.

§3-4A-33. Tampering with vote-recording devices, electronic poll books, ballot labels, ballot or ballot cards, program decks, standard validation test decks or other automatic tabulating equipment; other dishonest practices; attempts; penalty.

§3-4A-34. Wilful neglect of duty by officials; penalties.

CHAPTER 3, ARTICLE 5. PRIMARY ELECTIONS AND NOMINATING PROCEDURES.

§3-5-1. Time and place of holding primary elections in the year one thousand nine hundred eighty and thereafter; hours polls open.

§3-5-1a. Time and place of holding primary elections held in the year one thousand nine hundred seventy-eight; hours polls open.

§3-5-2. Delegates to national conventions; alternate delegates.

§3-5-3. Presidential preference.

§3-5-4. Nomination of candidates in primary elections.

§3-5-5. Repealed. Acts, 1993 Reg. Sess., Ch. 43.

§3-5-6. Election of county board of education members at primary elections.

§3-5-6a. Election of justices of the Supreme Court of Appeals.

§3-5-6b. Election of circuit judges.

§3-5-6c. Election of family court judges.

§3-5-6d. Election of magistrates.

§3-5-6e. Election of judges of the Intermediate Court of Appeals.

§3-5-7. Filing certificates of announcements of candidacies; requirements; withdrawal of candidates when section applicable.

§3-5-8. Filing fees and their disposition.

§3-5-8a. Nominating petitions as alternatives to filing fees; oath of impecuniosity required; petition in lieu of payment of filing fee.

§3-5-9. Certification and posting of candidacies.

§3-5-10. Publication of sample ballots and lists of candidates.

§3-5-11. Withdrawals; filling vacancies in candidacy; publication.

§3-5-12. Official and sample ballots; color.

§3-5-13. Form and contents of ballots.

§3-5-13a. Order of offices and candidates on the ballot; uniform drawing date.

§3-5-14. General provisions applicable to primary elections.

§3-5-15. Ascertaining and certifying primary election results.

§3-5-16. Return of supplies and certificates.

§3-5-17. Canvassing and certifying returns; recount procedures.

§3-5-18. Disposition of certificates of results.

§3-5-19. Vacancies in nominations; how filled; fees.

§3-5-20. Election contests and court review.

§3-5-21. Party conventions to nominate of presidential electors; candidates; organization; duties.

§3-5-22. Other party and group nominations; procedure.

§3-5-23. Certificate nominations; requirements and control; penalties.

§3-5-24. Filing of nomination certificates; time; location; fees; effect of failure to timely file or pay fee.

CHAPTER 3, ARTICLE 6. CONDUCT AND ADMINISTRATION OF ELECTIONS.

§3-6-1. Provisions of article govern general elections; applicability of other provisions of chapter; applicability of article to primary and special elections.

§3-6-2. Preparation and form of general election ballots.

§3-6-3. Publication of sample ballots and lists of candidates.

§3-6-4. Late nominations; stickers.

§3-6-4a. Filing requirements for write-in candidates.

§3-6-5. Rules and procedures in election other than primaries.

§3-6-6. Ballot counting procedures in paper ballot systems.

§3-6-7. Ballot irregularities; procedures.

§3-6-8. Precinct returns; certificates; procedures.

§3-6-9. Canvass of returns; declaration of results; recounts; recordkeeping.

§3-6-10. Certificates of election results.

§3-6-11. Disposition of certificates.

§3-6-12. Tie vote procedures.

§3-6-13. Repealed. Acts, 1972 Reg. Sess., Ch. 52.

CHAPTER 3, ARTICLE 7. CONTESTED ELECTIONS.

§3-7-1. Contests for state offices and judgeships; procedure.

§3-7-2. Procedure of Legislature on contest for office of Governor.

§3-7-3. Contests before special court; procedure; enforcement.

§3-7-4. Contests of seats in Legislature; notices and procedure.

§3-7-5. Depositions; subpoenas; time; tie vote decision.

§3-7-6. County and district contests; notices; time.

§3-7-7. County court to hear county and district contests; procedure; review.

§3-7-8. Correction of returns; extent.

§3-7-9. Costs in election contests.

CHAPTER 3, ARTICLE 8. REGULATION AND CONTROL OF ELECTIONS.

§3-8-1. Provisions to regulate and control elections.

§3-8-1a. Definitions.

§3-8-2. Requirements for reporting independent expenditures.

§3-8-2a. Detailed accounts and verified financial statements for certain inaugural events; limitations; reporting requirements.

§3-8-2b. Disclosure of electioneering communication.

§3-8-2c. Party headquarters committee; detailed accounts and verified financial statements; funding for headquarters; limitations; reporting requirements.

§3-8-3. Committee treasurers; required to receive and disburse funds.

§3-8-4. Treasurers and financial agents; written designation requirements.

§3-8-4a. Termination of political committees.

§3-8-5. Detailed accounts and verified financial statements required.

§3-8-5a. Information required in financial statement.

§3-8-5b. Where financial statements and reports shall be filed; filing date prescribed.

§3-8-5c. Contribution limitations.

§3-8-5d. Offenses and penalties.

§3-8-5e. Pre-candidacy financing and expenditures.

§3-8-5f. Loans to candidates, organizations or persons for election purposes.

§3-8-5g. Prohibition on political contributions and expenditures by foreign nationals.

§3-8-6. Financial statement forms; filing; disposition.

§3-8-7. Failure to file statement; delinquent or incomplete filing; criminal and civil penalties.

§3-8-8. Corporation contributions forbidden; exceptions; penalties; promulgation of rules; additional powers of State Election Commission.

§3-8-9. Lawful and unlawful election expenses; public opinion polls and limiting their purposes; limitation upon expenses; use of advertising agencies and reporting requirements; delegation of expenditures.

§3-8-9a. Coordinated expenditures.

§3-8-9b. Coordinated expenditures by political party committees and political party caucuses in connection with certain statewide candidates.

§3-8-9c. Joint fundraising.

§3-8-10. Use of certain contributions.

§3-8-11. Specific acts forbidden; penalties.

§3-8-12. Additional acts forbidden; circulation of written matter; newspaper advertising; solicitation of contributions; intimidation and coercion of employees; promise of employment or other benefits; limitations on contributions; public contractors; penalty.

§3-8-13. Parties liable and subject to penalties.

§3-8-14. Effective date of certain criminal offenses.

§3-8-15. Disclosure of contributions during legislative session.

CHAPTER 3, ARTICLE 9. OFFENSES AND PENALTIES.

§3-9-1. False or fraudulent returns; tampering with, destroying or misdelivering ballots, records, etc.; forgeries; aiding, etc., in offense; penalties.

§3-9-2. Unlawful printing, possession or delivery of ballots; penalties.

§3-9-3. False swearing; penalties.

§3-9-4. Commissioner's failure to procure or return supplies; penalties.

§3-9-5. Destruction or removal of election supplies and equipment; attempts; penalties.

§3-9-6. Unauthorized presence in election room; 100-foot limit; penalties.

§3-9-7. Wrongful refusal or allowance of votes; malicious or frivolous challenges; penalties.

§3-9-8. Distinguishing marks on ballots; conspiracies; penalties.

§3-9-9. Electioneering defined; unlawful acts at polling places; exceptions; penalties.

§3-9-10. Disorder at polls; prevention; failure to assist in preventing disorder; penalties.

§3-9-11. Failure to make returns; penalties.

§3-9-12. Improper influence and bribery by candidates; penalties.

§3-9-13. Buying or selling vote unlawful; penalties.

§3-9-14. Repealed. Acts, 2010 Reg. Sess., Ch. 76.

§3-9-15. Unlawful acts by employers; penalties.

§3-9-16. Receiving or soliciting bribes by voters; penalties.

§3-9-17. Illegal voting; deceiving voters; penalties.

§3-9-18. Unlawful voting in primary elections; penalties.

§3-9-19. Violations concerning absent voters' ballots; penalties.

§3-9-20. Obstructing employees' freedom to vote; penalties.

§3-9-21. Improper interference with voters’ travel to and from the polls; penalties.

§3-9-22. Wagering or betting on elections; penalties.

§3-9-23. Punishment where penalty not prescribed or where failure to perform duty not specifically made an offense.

§3-9-24. Limitations on prosecutions.

CHAPTER 3, ARTICLE 10. FILLING VACANCIES.

§3-10-1. Elections to fill vacancies.

§3-10-2. Vacancy in Office of Governor.

§3-10-3. Vacancies in offices of state officials, justices, judges, and magistrates.

§3-10-3a. Judicial Vacancy Advisory Commission.

§3-10-4. Vacancies in representation in United States Congress.

§3-10-4a. Repealed. Acts, 2013 Reg. Sess., Ch. 76.

§3-10-5. Vacancies in state Legislature.

§3-10-6. Vacancy in office of circuit court clerk.

§3-10-7. Vacancies in offices of county commissioner or councilor and clerk of county commission or council.

§3-10-8. Vacancies in offices of prosecuting attorney, sheriff, assessor, and surveyor.

§3-10-9. Costs of special elections paid by state.

CHAPTER 3, ARTICLE 11. AMENDMENTS TO THE STATE CONSTITUTION.

§3-11-1. Proposing amendments to state Constitution; withdrawal of proposed amendments.

§3-11-2. Title and summary of amendment; position on ballot; designation of election for submission of amendment.

§3-11-3. Publication of proposed amendment by Secretary of State.

§3-11-4. Form of ballot; conduct of election.

§3-11-5. Certificates of election commissioners; canvass of vote; certifying result.

§3-11-6. Proclamation of result of election by Secretary of State; effective date of amendment ratified.

CHAPTER 3, ARTICLE 12. WEST VIRGINIA SUPREME COURT OF APPEALS PUBLIC CAMPAIGN FINANCING PILOT PROGRAM.

§3-12-1. Short title.

§3-12-2. Legislative findings and declarations.

§3-12-3. Definitions.

§3-12-4. Alternative public campaign financing option.

§3-12-5. Supreme Court of Appeals Public Campaign Financing Fund.

§3-12-6. Sources of revenue for the fund.

§3-12-7. Declaration of intent.

§3-12-8. Exploratory period; contributions; expenditures.

§3-12-9. Qualifying contributions.

§3-12-10. Certification of candidates.

§3-12-11. Schedule and amount of Supreme Court of Appeals Public Campaign Financing Fund payments.

§3-12-12. Restrictions on contributions and expenditures.

§3-12-13. Reporting requirements.

§3-12-14. Duties of the State Election Commission; Secretary of State.

§3-12-15. Criminal penalties.

§3-12-16. Civil penalties.

§3-12-17. Repealed. Acts, 2013 Reg. Sess., Ch. 70.

CHAPTER 4. THE LEGISLATURE.

CHAPTER 4, ARTICLE 1. OFFICERS, MEMBERS AND EMPLOYEES; APPROPRIATIONS; INVESTIGATIONS; DISPLAY OF FLAGS; RECORDS; USE OF CAPITOL BUILDING; PREFILING OF BILLS AND RESOLUTIONS; STANDING COMMITTEES; INTERIM MEETINGS; NEXT MEETING OF THE SENATE.

§4-1-1. Interim committee and subcommittee meetings.

§4-1-2. How appropriations made and applied.

§4-1-3. Suits against members of Legislature; exemption from arrest, trial, judgment and levy.

§4-1-4. Compelling members to attend.

§4-1-5. Authority to subpoena witnesses and documents; penalty for refusal to comply; applicability of whistle-blower law.

§4-1-5a. When witness may be compelled to give evidence against himself or; immunity of witness from prosecution.

§4-1-6. Administration of oaths to members of Legislature, officers and witnesses.

§4-1-6a. False swearing in a legislative proceeding; penalty.

§4-1-7. Flags displayed during sessions.

§4-1-8. Officers and employees; tenure.

§4-1-9. Assistant clerks; committee clerks to assist.

§4-1-10. Powers and duties of officers.

§4-1-10a. Filling vacancies in the office of presiding officer of the two houses.

§4-1-11. Vacancies in clerkships.

§4-1-12. Custody of journals and documents; certified copies.

§4-1-13. Clerk of house to be keeper of rolls; compensation; duties as to acts; copies; fees; printing.

§4-1-14. Copies of enrolled bills mailed to courts; effect.

§4-1-15. Fees of clerks for copying or recording.

§4-1-16. Indexes to journals; printing; compensation for preparing.

§4-1-17. Priority of legislative business for members and designated employees.

§4-1-18. Repealed. Acts, 2006 Reg. Sess., Ch. 26.

§4-1-19. Distribution of acts of the Legislature.

§4-1-20. Legislative findings; space in the capitol building for use by Legislature.

§4-1-21. Prefiling of bills and resolutions.

§4-1-22. "Next meeting of the Senate" defined.

§4-1-23. Reports to be sent to the Legislative Librarian.

CHAPTER 4, ARTICLE 1A. LEGISLATIVE IMMUNITY.

§4-1A-1. Purpose; legislative findings and declarations.

§4-1A-2. Applicability of definitions.

§4-1A-3. Legislative act defined.

§4-1A-4. Legislative sphere defined.

§4-1A-5. Political act defined.

§4-1A-6. Scope of legislative immunity generally.

§4-1A-7. Legislative immunity in specific instances.

§4-1A-8. Actions taken without lawful authority are not immune.

§4-1A-9. Political acts are not privileged.

§4-1A-10. Administrative acts are not immune.

§4-1A-11. Certain offers of proof about legislative activities not prohibited.

§4-1A-12. Legislative acts of legislative staff, aides or assistants.

§4-1A-13. Legislative immunity from ultimate relief.

§4-1A-14. Testimonial immunity.

§4-1A-15. Right to interlocutory appeal.

§4-1A-16. Common law regarding legislative immunity not affected by the enactment of this article.

CHAPTER 4, ARTICLE 2. LEGISLATIVE AUDITOR; POWERS; FUNCTIONS; DUTIES; COMPENSATION.

§4-2-1. Purpose of article.

§4-2-2. Definitions.

§4-2-3. Appointment of Legislative Auditor; responsibility to Joint Committee on Government and Finance.

§4-2-4. Powers of Auditor; reports.

§4-2-5. Powers of Auditor.

§4-2-6. Preparation of budgets and reports.

§4-2-7. Compensation and expenses of Auditor.

§4-2-8. Assistants and employees.

§4-2-9. Offices; working space.

§4-2-10. Payment of compensation and expenses.

§4-2-11. Statutory references; transfer of postaudit functions.

§4-2-12. Severability.

CHAPTER 4, ARTICLE 2A. COMPENSATION FOR AND EXPENSES OF MEMBERS OF THE LEGISLATURE.

§4-2A-1. Implementation of resolutions of citizens legislative compensation commission; definition.

§4-2A-2. Basic compensation for services; proration.

§4-2A-3. Compensation for members of the Legislature during any extension of regular session or during extraordinary session.

§4-2A-4. Additional compensation for President of Senate, Speaker of House of Delegates, majority leaders, minority leaders, certain committee chairs and selected members of both houses.

§4-2A-5. Interim compensation for members.

§4-2A-6. Travel expenses.

§4-2A-7. Reimbursement for expenses incurred during any session or interim assignment.

§4-2A-8. Out-of-state expenses.

§4-2A-9. Repealed. Acts, 1994 Reg. Sess., Ch. 99.

§4-2A-10. Affidavits required; approval by legislative Auditor of vouchers; travel and lodging expenses within Charleston not reimbursable; rules authorized.

CHAPTER 4, ARTICLE 2B. WORK GROUPS.

§4-2B-1. Job creation work groups.

CHAPTER 4, ARTICLE 2C. JUDICIAL COMPENSATION COMMISSION.

§4-2C-1. Judicial Compensation Commission established; membership.

§4-2C-2. Commission meetings; where held; how conducted.

§4-2C-3. Judicial Compensation Commission reports and recommendations; legislative action.

CHAPTER 4, ARTICLE 3. JOINT COMMITTEE ON GOVERNMENT AND FINANCE.

§4-3-1. Continued as statutory body; composition; appointment and terms of members.

§4-3-2. Expenses of committee; compensation of members.

§4-3-3. Powers and duties generally; report to Legislature; office.

§4-3-3a. Interim powers and duties.

§4-3-3b. Duty of the Joint Committee on Government and Finance with respect to the statewide reappraisal to be completed on the March 31, 1985.

§4-3-3c. Reorganization of joint legislative agencies.

§4-3-4. Access to records of state agency or department; public hearings; meetings; administering oaths to persons testifying; compelling access to records and attendance of witnesses; production of evidence.

§4-3-5. Computer subscriber system.

§4-3-6. Authority to screen employees of the Legislature; background checks.

CHAPTER 4, ARTICLE 4. CITIZENS HEARING COMMITTEE.

§4-4-1 to 4-4-3.

CHAPTER 4, ARTICLE 5. COMMISSION ON SPECIAL INVESTIGATIONS.

§4-5-1. Commission on Special Investigations continued; composition; appointment and terms of members.

§4-5-2. Powers and duties generally.

§4-5-3. Executive sessions; hearings; subpoena power; enforcement provisions.

§4-5-4. Compensation and expenses of members; other expenses; how paid.

§4-5-5. Investigations exempt from public disclosure requirements.

§4-5-6. False statements to commission.

§4-5-7. Impersonation or obstruction of commission member or staff.

§4-5-8. Award of duty weapon upon retirement; disposal of other weapons used by staff.

CHAPTER 4, ARTICLE 6. BLENNERHASSETT HISTORICAL COMMISSION.

§4-6-1. Expired May 15, 1976.

§4-6-2. Expired May 15, 1976.

§4-6-3. Expired May 15, 1976.

§4-6-4. Expired May 15, 1976.

§4-6-5. Expired May 15, 1976.

§4-6-6. Expired May 15, 1976.

§4-6-7. Expired May 15, 1976.

CHAPTER 4, ARTICLE 7. LEGISLATIVE BUILDING COMMISSION.

§4-7-1. Definitions.

§4-7-2. Legislative building commission created; its composition; appointment of members; vacancies; election of officers; compensation and expenses of members.

§4-7-3. Powers and duties of commission generally.

§4-7-4. Commission granted power of eminent domain.

§4-7-5. Funds and expenditures of commission.

§4-7-6. Deposit and disbursement of funds of commission; security for deposits; audits.

§4-7-7. Contracts for construction of state legislative building, etc.; to be secured by bond; competitive bids required for contracts exceeding $2,000; procedure.

§4-7-8. Management and control of state legislative building.

§4-7-9. Article not authority to create state debt.

§4-7-10. This article, article six, chapter five, and the state Constitution are only restrictions on construction, etc., of building.

§4-7-11. Severability.

CHAPTER 4, ARTICLE 8. CAPITOL BUILDING COMMISSION.

§4-8-1. Creation; composition; qualifications.

§4-8-2. Terms of members; vacancies; meetings; decisions of commission.

§4-8-3. Officers; expenses.

§4-8-4. Powers and duties generally.

§4-8-5. Contracts and changes requiring commission approval.

§4-8-6. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 4, ARTICLE 9. LEGISLATIVE COMMISSION ON PENSIONS AND RETIREMENT.

§4-9-1. Repealed.Acts, 1993 Reg. Sess., Ch. 86.

§4-9-2. Repealed.Acts, 1993 Reg. Sess., Ch. 86.

§4-9-3. Repealed.Acts, 1993 Reg. Sess., Ch. 86.

§4-9-4. Repealed.Acts, 1993 Reg. Sess., Ch. 86.

§4-9-5. Repealed.Acts, 1993 Reg. Sess., Ch. 86.

§4-9-6. Repealed.Acts, 1993 Reg. Sess., Ch. 86.

§4-9-7. Repealed.Acts, 1993 Reg. Sess., Ch. 86.

§4-9-8. Repealed.Acts, 1993 Reg. Sess., Ch. 86.

CHAPTER 4, ARTICLE 10. PERFORMANCE REVIEW ACT.

§4-10-1. Short title.

§4-10-2. Legislative findings; performance review process authorized.

§4-10-3. Definitions.

§4-10-4. Joint Committee on Government Operations.

§4-10-4a. Repealed. Acts, 2007 Reg. Sess., Ch. 200.

§4-10-5. Powers and duties of the committee and joint standing committee.

§4-10-5a. Repealed. Acts, 2007 Reg. Sess., Ch. 200.

§4-10-5b. Repealed. Acts, 2007 Reg. Sess., Ch. 200.

§4-10-6. Department presentation; timing and scope.

§4-10-6a. Repealed. Acts, 2007 Reg. Sess., Ch. 200.

§4-10-7. Agency review.

§4-10-8. Schedule of departments for agency review.

§4-10-9. Regulatory board review.

§4-10-10. Regulatory board review schedule.

§4-10-10a. Repealed. Acts, 2007 Reg. Sess., Ch. 200.

§4-10-11. Compliance review.

§4-10-11a. Repealed. Acts, 2007 Reg. Sess., Ch. 200.

§4-10-12. Termination of an agency or regulatory board; reestablishment of terminated agency or regulatory board.

§4-10-13. Disposition of agency or regulatory board assets, equipment and records after termination.

§4-10-14. Provision for other reviews; consolidation, termination and reorganization of agencies or programs.

CHAPTER 4, ARTICLE 11. LEGISLATIVE APPROPRIATION OF FEDERAL FUNDS.

§4-11-1. Legislative findings and purpose.

§4-11-2. Definitions.

§4-11-3. Receipt of federal funds and required deposit in state treasury.

§4-11-4. Inclusion of federal funds in state budget and the budget bill.

§4-11-5. Legislative appropriation authority.

§4-11-6. Exclusions.

§4-11-7. Conflict with other statutory provisions.

CHAPTER 4, ARTICLE 11A. LEGISLATIVE APPROPRIATION OF TOBACCO SETTLEMENT FUNDS.

§4-11A-1. Legislative findings and purpose.

§4-11A-1a. Legislative findings related to securitization of moneys received pursuant to master settlement agreement and previously dedicated to the Workers' Compensation Debt Reduction Fund.

§4-11A-2. Receipt of settlement funds and required deposit in West Virginia Tobacco Settlement Medical Trust Fund until June 1, 2005, then to Workers' Compensation Debt Reduction Fund; deposit of strategic compensation payments; transfer of trust fund moneys.

§4-11A-3. Receipt of settlement funds and required deposit in the West Virginia Tobacco Settlement Fund.

§4-11A-4. Limitation on appeal bond.

§4-11A-5. Applicability.

§4-11A-6. Creation of Tobacco Settlement Finance Authority.

§4-11A-7. Definitions.

§4-11A-8. Governing board.

§4-11A-9. Staff; assistance by state officers, agencies and departments.

§4-11A-10. Limitation of liability.

§4-11A-11. General powers.

§4-11A-12. Authorization of the sale of rights in the master settlement agreement.

§4-11A-13. Authorization of bonds of the authority.

§4-11A-14. Exemption from purchasing provisions.

§4-11A-15. Bankruptcy.

§4-11A-16. Dissolution of the authority; distribution of assets.

§4-11A-17. Construction.

§4-11A-18. Dedication of personal income tax proceeds as replacement moneys for anticipated tobacco master settlement agreement proceeds to the Old Fund.

CHAPTER 4, ARTICLE 12. ESTABLISHMENT OF A WEST VIRGINIA LAW INSTITUTE.

§4-12-1. Authority of Legislature to establish West Virginia law institute.

§4-12-2. Purposes and duties.

§4-12-3. Governing council and members.

§4-12-4. Compensation of members of the council of the West Virginia law institute, director and assistants.

§4-12-5. Adoption of membership plan.

§4-12-6. Institute to act in advisory capacity only; distribution of reports, studies, and recommended publications.

CHAPTER 4, ARTICLE 13. WEST VIRGINIA SESQUICENTENNIAL OF THE AMERICAN CIVIL WAR COMMISSION AND FUND.

§4-13-1. Findings; West Virginia Sesquicentennial of the American Civil War Commission established; purpose.

§4-13-2. Membership; terms; filling vacancies; election of chair and vice chair.

§4-13-3. Expense reimbursement.

§4-13-4. Quorum; meetings.

§4-13-5. Advisory council.

§4-13-6. Powers; duties; limitation on duration of contracts.

§4-13-7. Termination of the commission.

CHAPTER 4, ARTICLE 13A. WEST VIRGINIA SEMIQUINCENTENNIAL COMMISSION AND FUND.

§4-13A-1. Findings; West Virginia Semiquincentennial Commission established; purpose.

§4-13A-2. Membership; terms; filling vacancies; election of chair and vice chair.

§4-13A-3. Expense reimbursement.

§4-13A-4. Quorum; meetings.

§4-13A-5. Advisory council.

§4-13A-6. Powers; duties; limitation on duration of contracts.

§4-13A-7. Termination of the commission.

CHAPTER 4, ARTICLE 14. LEGISLATIVE OVERSIGHT COMMISSION ON DEPARTMENT OF TRANSPORTATION ACCOUNTABILITY.

§4-14-1. Findings, purpose and intent.

§4-14-2. Definitions.

§4-14-3. Creation of a Legislative Oversight Commission on Department of Transportation Accountability.

§4-14-4. Powers and duties of commission.

§4-14-5. Legislative reports.

CHAPTER 4, ARTICLE 15. JOINT LEGISLATIVE COMMITTEE ON FLOODING.

§4-15-1. Establishing a Joint Legislative Committee on Flooding.

CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.

CHAPTER 5, ARTICLE 1. THE GOVERNOR.

§5-1-1. Arrest or deportation of persons during war.

§5-1-2. Arrest of persons aiding enemy or insurgents.

§5-1-3. Power to send for persons and papers in such cases.

§5-1-4. Warrants of Governor under §§5-1-1 to 5-1-3.

§5-1-5. Discharge from arrest; bond.

§5-1-6 Repealed Acts, 2019 Reg. Sess., Ch. 80.

§5-1-7 Repealed Acts, 2019 Reg. Sess., Ch. 80.

§5-1-8 Repealed Acts, 2019 Reg. Sess., Ch. 80.

§5-1-9 Repealed Acts, 2019 Reg. Sess., Ch. 80.

§5-1-10 Repealed Acts, 2019 Reg. Sess., Ch. 80.

§5-1-11 Repealed Acts, 2019 Reg. Sess., Ch. 80.

§5-1-12 Repealed Acts, 2019 Reg. Sess., Ch. 80.

§5-1-13. Construction of §§5-1-7 to 5-1-13; severability; how cited.

§5-1-14. Rewards for arrest of criminals or in case of assault on or assassination of judge; employment of detectives.

§5-1-15. Return of warrants issued by Governor.

§5-1-16. Remission of fines and penalties; commutation of

§5-1-16a. Expungement of criminal record upon full and unconditional pardon.

§5-1-17. When Governor may remit fine or penalty.

§5-1-18. Payments from civil contingent fund.

§5-1-19. Temporary loans.

§5-1-20. Reports to the Governor; form and contents; transmission to the Legislature; special reports.

§5-1-21. Printing and distribution of biennial messages; distribution of legislative journals.

§5-1-22. Vacancies in offices filled by appointment of Governor; Senate action; bond requirements; filling vacancies in other appointive offices.

§5-1-23. Securing congressional appropriations when Legislature not in session; powers of designated state agency; transfers of appropriation items by Governor.

§5-1-24. Appointment of assistant Attorney General to perform duties for Governor; compensation.

§5-1-25. Designation of daylight saving time as official time.

§5-1-26. Fuel emergency; power of the Governor to declare an emergency; duties of the Governor with respect to such emergency; assistance of other state agencies and local law-enforcement agencies; injunctive relief; penalties; jurisdiction.

§5-1-27. Draping of state flag to honor the passing of law-enforcement officers.

§5-1-28. Prerequisites for bond issuance and refunding.

§5-1-29. Reciprocity agreements to establish regulations, licensing requirements and taxes for small businesses in contiguous states and the District of Columbia doing business in West Virginia.

§5-1-30. Authority to direct payment of certain debt in emergency.

CHAPTER 5, ARTICLE 1A. ITEMIZATION OF PROPOSED APPROPRIATIONS IN BUDGET BILL SUBMITTED BY GOVERNOR TO LEGISLATURE.

§5-1A-1. Legislative findings and purposes.

§5-1A-2. Submission of budget bill; form prescribed by article.

§5-1A-3. Proposed appropriations for legislative and judicial branches.

§5-1A-4. Uniform itemization; definitions; sub classifications and sub items; separate line items for specific programs or purposes; separate account numbers for single spending units permitted.

§5-1A-5. Itemization of appropriations for state Division of Highways; state aid to schools.

CHAPTER 5, ARTICLE 1B. CHIEF TECHNOLOGY OFFICER.

§5-1B-1. Repealed. Acts, 2005 Reg. Sess., Ch. 200.

§5-1B-2. Repealed. Acts, 2005 Reg. Sess., Ch. 200.

§5-1B-3. Repealed. Acts, 2005 Reg. Sess., Ch. 200.

§5-1B-4. Repealed. Acts, 2005 Reg. Sess., Ch. 200.

§5-1B-5. Repealed. Acts, 2005 Reg. Sess., Ch. 200.

§5-1B-6. Repealed. Acts, 2005 Reg. Sess., Ch. 200.

§5-1B-7. Repealed. Acts, 2005 Reg. Sess., Ch. 200.

§5-1B-8. Repealed. Acts, 2005 Reg. Sess., Ch. 200.

CHAPTER 5, ARTICLE 1C. SCIENCE AND TECHNOLOGY COUNCIL.

§5-1C-1. Repealed. Acts, 2003 Reg. Sess., Ch. 197.

§5-1C-2. Repealed. Acts, 2003 Reg. Sess., Ch. 197.

§5-1C-3. Repealed. Acts, 2003 Reg. Sess., Ch. 197.

§5-1C-4. Repealed. Acts, 2003 Reg. Sess., Ch. 197.

§5-1C-5. Repealed. Acts, 2003 Reg. Sess., Ch. 197.

CHAPTER 5, ARTICLE 1D. GOVERNOR'S OFFICE OF FISCAL RISK ANALYSIS AND MANAGEMENT.

§5-1D-1. Findings and purposes.

§5-1D-2. Definitions.

§5-1D-3. Creation of the office of fiscal risk analysis and management; appointment and qualifications of chief risk officer.

§5-1D-4. Powers and duties of the office to all state spending units.

§5-1D-5. Powers and duties of the office to executive agencies.

§5-1D-6. Fees.

§5-1D-7. Notice of request for proposals by state spending units required to make purchases through the state Purchasing Division.

§5-1D-8. Notice of request for proposals by state spending units exempted from submitting purchases to the state Purchasing Division.

§5-1D-9. Annual report.

§5-1D-10. Exemptions.

§5-1D-11. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 5, ARTICLE 1E. HEALTHY WEST VIRGINIA PROGRAM.

§5-1E-1. Findings and purposes.

§5-1E-2. Creation of the Office of Healthy Lifestyles.

§5-1E-3. Powers and duties of the Office.

§5-1E-4. Partnership to encourage healthy lifestyles by children and families.

§5-1E-5. Creation of a Healthy Lifestyles Fund.

CHAPTER 5, ARTICLE 2. SECRETARY OF STATE.

§5-2-1. General duties.

§5-2-2. Authority to administer oaths.

§5-2-3. Retention and preservation of records of the secretary of state; destruction of records.

§5-2-4. Accessible county records; required information.

CHAPTER 5, ARTICLE 3. ATTORNEY GENERAL.

§5-3-1. Written opinions and advice and other legal services; expenditures by state officers, boards and commissions for legal services prohibited.

§5-3-2. Act as counsel for state; duties and powers as to prosecuting attorneys; defense of National Guardsmen.

§5-3-2a. Consent judgments in actions against an agency of government; notice of proposed consent judgment.

§5-3-3. Assistants to Attorney General.

§5-3-3a. Competitive bidding required for private attorneys, special assistant attorneys general.

§5-3-4. Annual report to Governor, President of the Senate and Speaker of the House.

§5-3-5. Fees to be paid into State Treasury.

§5-3-6. Attorney General's investigators authority to carry concealed weapon.

CHAPTER 5, ARTICLE 4. BOARD OF PUBLIC WORKS.

§5-4-1. How constituted; powers and duties.

§5-4-2. Secretary; records.

§5-4-3. Repealed. Acts, 1969 Reg. Sess., Ch. 13.

§5-4-4. Repealed. Acts, 1969 Reg. Sess., Ch. 13.

§5-4-5. Repealed. Acts, 1969 Reg. Sess., Ch. 13.

§5-4-6. Repealed. Acts, 1969 Reg. Sess., Ch. 13.

§5-4-7. Repealed. Acts, 1969 Reg. Sess., Ch. 13.

§5-4-8. Repealed. Acts, 1969 Reg. Sess., Ch. 13.

§5-4-9. Repealed. Acts, 1969 Reg. Sess., Ch. 13.

§5-4-10. Repealed. Acts, 1969 Reg. Sess., Ch. 13.

§5-4-11. Repealed. Acts, 1969 Reg. Sess., Ch. 13.

§5-4-12. Repealed. Acts, 1969 Reg. Sess., Ch. 13.

§5-4-13. Repealed. Acts, 1969 Reg. Sess., Ch. 13.

CHAPTER 5, ARTICLE 5. SALARY INCREASE FOR STATE EMPLOYEES.

§5-5-1. Definitions.

§5-5-2. Granting incremental salary increases based on years of service.

§5-5-3. Optional payment to employee in lump sum amount for accrued and unused leave at termination of employment; no withholding of any employee contribution deduction; exception.

§5-5-4. Department of Health and Human Resources salary adjustment.

§5-5-4a. Department of Health and Human Resources facility employee classifications.

§5-5-4b. Division of Corrections, Division of Juvenile Services, and Regional Jail Authority pay equity salary adjustment.

§5-5-5. Pay equity adjustment.

§5-5-6. Payment for unused sick leave.

CHAPTER 5, ARTICLE 6. STATE BUILDINGS.

§5-6-1. Name of state office building commission changed; composition; appointment, terms and qualifications of members; chairman and secretary; compensation and expenses; powers and duties generally; frequency of meetings; continuation.

§5-6-2. Legislative findings; purpose of revision of article.

§5-6-3. Definitions.

§5-6-4. Powers of commission.

§5-6-4a. Review of real property contracts and agreements; master plan for office space.

§5-6-5. Deposit and disbursement of funds of commission; security for deposits; audits.

§5-6-5a. Creation of asbestos account; purpose; funding; disbursements.

§5-6-6. City of Charleston may dedicate streets, property, etc., to commission.

§5-6-7. Contracts with commission to be secured by bond; competitive bids required for certain contracts.

§5-6-8. Commission empowered to issue state building revenue bonds after legislative authorization; form and requirements for bonds; procedure for issuance; temporary bonds; funds, grants and gifts.

§5-6-9. Trustee for holders of bonds; contents of trust agreement.

§5-6-10. Trust existing in favor of existing bondholders.

§5-6-11. Management and control of project.

§5-6-11a. Special power of commission to transfer or expend bond proceeds for capital improvements at institutions of higher education, state parks and the Capitol Complex and to construct and lease a center for arts and sciences of West Virginia; limitations; state building commission authorized to issue revenue bonds; fund created; use of funds to pay for development of education, arts, sciences, and tourism projects.

§5-6-11b. Power of commission to transfer project funds to other certified projects for state parks.

§5-6-11c. Power of the state building commission to transfer project funds to other projects for state capitol improvements and renovations.

§5-6-12. Article not authority to create state debt.

§5-6-13. Compliance with article and state Constitution only restrictions on construction and management of project.

§5-6-14. Article to be liberally construed.

§5-6-15. Severability.

§5-6-16. Sloped roofs required.

§5-6-17. Display of the national motto and POW-MIA flag.

CHAPTER 5, ARTICLE 7. SOCIAL SECURITY AGENCY.

§5-7-1. Declaration of policy.

§5-7-2. Definitions.

§5-7-3. Federal-state agreement; interstate agreements.

§5-7-4. Contributions by state employees.

§5-7-5. Plans for coverage of employees of political subdivisions and of state and local instrumentalities; payments by subdivisions or instrumentalities; contributions by such employees.

§5-7-6. Contribution fund; appropriations thereto.

§5-7-7. Rules and regulations.

§5-7-8. Studies and reports.

§5-7-9. Separability.

§5-7-10. Acts repealed.

CHAPTER 5, ARTICLE 8. PUBLIC RECORDS MANAGEMENT AND PRESERVATION ACT.

§5-8-1. Repealed.Acts, 1990 Reg. Sess., Ch. 2.

§5-8-2. Repealed.Acts, 1990 Reg. Sess., Ch. 2.

§5-8-3. Repealed.Acts, 1990 Reg. Sess., Ch. 2.

§5-8-4. Repealed.Acts, 1990 Reg. Sess., Ch. 2.

§5-8-5. Repealed.Acts, 1990 Reg. Sess., Ch. 2.

§5-8-6. Repealed.Acts, 1990 Reg. Sess., Ch. 2.

§5-8-7. Repealed.Acts, 1990 Reg. Sess., Ch. 2.

§5-8-8. Repealed.Acts, 1990 Reg. Sess., Ch. 2.

§5-8-9. Repealed.Acts, 1990 Reg. Sess., Ch. 2.

§5-8-10. Repealed.Acts, 1990 Reg. Sess., Ch. 2.

§5-8-11. Repealed.Acts, 1990 Reg. Sess., Ch. 2.

§5-8-12. Repealed.Acts, 1990 Reg. Sess., Ch. 2.

§5-8-13. Repealed.Acts, 1990 Reg. Sess., Ch. 2.

§5-8-14. Repealed.Acts, 1990 Reg. Sess., Ch. 2.

§5-8-15. Repealed.Acts, 1990 Reg. Sess., Ch. 2.

§5-8-16. Repealed.Acts, 1990 Reg. Sess., Ch. 2.

§5-8-17. Repealed.Acts, 1990 Reg. Sess., Ch. 2.

§5-8-18. Repealed.Acts, 1990 Reg. Sess., Ch. 2.

§5-8-19. Repealed.Acts, 1990 Reg. Sess., Ch. 2.

§5-8-20. Repealed.Acts, 1990 Reg. Sess., Ch. 2.

CHAPTER 5, ARTICLE 9. DEPARTMENT OF COMMERCE.

§5-9-1. Repealed.Acts, 1977 Reg. Sess., Ch. 85.

§5-9-2. Repealed.Acts, 1977 Reg. Sess., Ch. 85.

§5-9-3. Repealed.Acts, 1977 Reg. Sess., Ch. 85.

§5-9-4. Repealed.Acts, 1977 Reg. Sess., Ch. 85.

§5-9-5. Repealed.Acts, 1977 Reg. Sess., Ch. 85.

§5-9-6. Repealed.Acts, 1977 Reg. Sess., Ch. 85.

CHAPTER 5, ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.

§5-10-1. Short title.

§5-10-2. Definitions.

§5-10-3. Retirement system created and established; body corporate.

§5-10-3a. Article to be liberally construed; supplements federal social security; federal qualification requirements.

§5-10-4. Effective date of system.

§5-10-5. Board of trustees created; powers and duties generally; composition.

§5-10-6. Trustees' terms of office.

§5-10-7. Vacancies on board.

§5-10-8. Trustees' compensation and expenses.

§5-10-9. Chairman and vice chairman; executive secretary; employees; treasurer; legal advisor; actuary.

§5-10-10. Board meetings; quorum; vote; proceedings.

§5-10-11. Reports required of board.

§5-10-12. Officer and employee bonds.

§5-10-13. Actuarial investigations and valuations; specification of actuarial assumptions.

§5-10-14. Service credit; retroactive provisions.

§5-10-15. Military service credit; qualified military service.

§5-10-15a. Retirement credited service through member's use, as option, of accrued annual or sick leave days.

§5-10-15b. Credit for public employment in another state.

§5-10-15c. Military service credit for members of the West Virginia National Guard.

§5-10-16. When and how political subdivision becomes participating public employer.

§5-10-17. Retirement system membership.

§5-10-18. Termination of membership; reentry.

§5-10-19. Employers to file information as to employees’ service.

§5-10-20. Voluntary retirement.

§5-10-21. Deferred retirement and early retirement.

§5-10-21a. Deferred retirement and early retirement for new members as of July 1, 2015.

§5-10-22. Retirement annuity.

§5-10-22a. Supplemental benefits for certain annuitants.

§5-10-22b. Supplemental benefits for certain annuitants.

§5-10-22c. Temporary early retirement incentives program; legislative declaration and finding of compelling state interest and public purpose; specifying eligible and ineligible members for incentives program; options, conditions, and exceptions; certain positions abolished; special rule of eighty; effective, termination, and notice dates.

§5-10-22d. Supplemental benefits for certain annuitants.

§5-10-22e. Supplemental benefits for retirees effective July 1, 1994; calculation of benefits and conditions of payment.

§5-10-22f. Minimum benefit for certain retirants; legislative declaration; state interest and public purpose.

§5-10-22g. One-time supplement for certain annuitants effective July 1, 2001.

§5-10-22h. Limitations on benefit increases.

§5-10-22i. One-time supplement for certain annuitants effective July 1, 2006.

§5-10-22j. One-time bonus payment for certain annuitants effective July 1, 2008.

§5-10-22k. One-time bonus payment for certain annuitants effective July 1, 2011.

§5-10-22l. Minimum benefit for certain retirants.

§5-10-22m. One-time bonus payment for certain annuitants.

§5-10-22n. Minimum benefit for certain annuitants.

§5-10-23. Terminal payment following retirement.

§5-10-24. Annuity options.

§5-10-25. Disability retirement.

§5-10-26. Reexamination of disability retirants; reemployment; adjustment of annuity for earnings.

§5-10-27. Preretirement death annuities.

§5-10-27a. Federal law maximum benefit limitations.

§5-10-27b. Federal law minimum required distributions.

§5-10-27c. Direct rollovers.

§5-10-27d. Rollovers and transfers to purchase service credit or

§5-10-28. Unified accounting; funds.

§5-10-29. Members' deposit fund; members' contributions; forfeitures.

§5-10-30. Refund of accumulated contributions.

§5-10-31. Employers Accumulation Fund; employers contributions.

§5-10-31a. Retroactive contributions to the retirement system for retroactive service credit granted; one year period for application.

§5-10-32. Appropriations for state contributions to retirement system; contributions for members paid from special funds or by other employers.

§5-10-33. Contributions by other participating public employers; withholding state money to satisfy delinquencies.

§5-10-34. Transfers to retirement reserve fund.

§5-10-35. Retirement reserve fund created; transfers from fund on reemployment.

§5-10-36. Income fund.

§5-10-37. Repealed. Acts, 1994 Reg. Sess., Ch. 133.

§5-10-38. Investment of moneys; bonds of state departments and institutions to be offered first to board of public works.

§5-10-39. No trustee, etc., shall gain from investments of system.

§5-10-40. Restricted use of retirement system moneys.

§5-10-41. Allowance of regular interest on balances in funds.

§5-10-42. Fiscal or plan year of retirement system.

§5-10-43. Pro rata reduction of annuities.

§5-10-44. Correction of errors; underpayments; overpayments.

§5-10-45. Fraud; penalty.

§5-10-46. Right to benefits not subject to execution, etc.; assignments prohibited; deductions for group insurance; setoffs for fraud; exception for certain domestic relations orders.

§5-10-47. Benefits exempt from taxes.

§5-10-48. Reemployment after retirement; options for holder of elected public office.

§5-10-49. Removal from office.

§5-10-50. Severability.

§5-10-51. Withdrawal.

§5-10-52. Specific provisions relating to certain members of the Legislature and certain service by members of the Legislature.

§5-10-53. Joint study of state retirement systems; report to Joint Committee on Government and Finance by specified date of study conclusions.

§5-10-54. Termination of benefits; procedure.

§5-10-55. Benefits not to be forfeited if system terminates.

CHAPTER 5, ARTICLE 10A. DISQUALIFICATION FOR PUBLIC RETIREMENT PLAN BENEFITS.

§5-10A-1. Findings and declarations.

§5-10A-2. Definitions.

§5-10A-3. Notice of intention to terminate benefits; waiver; failure to reply.

§5-10A-4. Determination by circuit court of ineligibility; jurisdiction; appeal.

§5-10A-5. Termination of benefits.

§5-10A-6. Refund of contributions.

§5-10A-7. Eligibility for new participation upon rehabilitation.

§5-10A-8. Setoff; unpaid benefits subject to execution, freezing of account upon finding of probable cause.

§5-10A-9. Rules of construction.

§5-10A-10. Severability.

§5-10A-11. Notification from prosecuting attorneys.

CHAPTER 5, ARTICLE 10B. GOVERNMENT EMPLOYEES DEFERRED COMPENSATION PLANS.

§5-10B-1. Legislative purpose.

§5-10B-2. Definitions.

§5-10B-3. Powers; contracts; meetings.

§5-10B-3a. Automatic enrollment.

§5-10B-4. Responsibility for implementing plans -- Payroll reductions -- Billing and administration.

§5-10B-5. Investment of funds.

§5-10B-6. Program supplemental.

§5-10B-7. Other benefits unaffected by deferred compensation plan.

§5-10B-8. Federal and state income tax.

§5-10B-9. Liabilities of State of West Virginia or political subdivisions.

§5-10B-10. Deferred compensation plan funds held in trust.

§5-10B-10a. Matching contribution program.

§5-10B-11. Deferred Compensation Administrative Account.

§5-10B-12. Confidential information exempt from disclosure.

§5-10B-12a. Disclosure of information to the Treasurer for operation of the plan.

§5-10B-13. Moneys not subject to legal process; qualified domestic relations orders.

§5-10B-14. Roth accounts.

CHAPTER 5, ARTICLE 10C. GOVERNMENT EMPLOYEES RETIREMENT PLANS.

§5-10C-1. Legislative purpose.

§5-10C-2. Construction and effect of article.

§5-10C-3. Definitions.

§5-10C-4. Pick-up of members’ contributions by participating public employers.

§5-10C-5. Savings clause.

CHAPTER 5, ARTICLE 10D. CONSOLIDATED PUBLIC RETIREMENT BOARD.

§5-10D-1. Consolidated Public Retirement Board continued; members; vacancies; investment of plan funds.

§5-10D-2. Chairman and vice chairman; executive director; employees; legal advisor; actuary.

§5-10D-3. Board meetings; quorum; vote; proceedings; compensation.

§5-10D-4. Employment of an actuary; duties; compensation.

§5-10D-5. Repealed. Acts, 2000 Reg. Sess., Ch. 54.

§5-10D-6. Voluntary deductions by the Consolidated Public Retirement Board from monthly benefits to retirees to pay association dues.

§5-10D-6a. Voluntary election by eligible retired public safety officers to have amounts from eligible retirement plan distributed to pay for qualified health insurance premiums.

§5-10D-7. Compensation limitations; effective dates.

§5-10D-8. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§5-10D-9. When annuities to be paid.

§5-10D-10. Death benefits for participants or members who die while performing qualified military service; treatment of differential wage payments.

§5-10D-11. Liability of participating public employer for delinquent retirement contributions; liability of participating public employer's successor for delinquent retirement contributions; lien for delinquent contributions; collection by suit.

§5-10D-12. Employer reporting requirements; payments by electronic funds transfer.

§5-10D-13. Withholding state and county money to satisfy delinquencies.

§5-10D-14. Employer unilateral termination of participation prohibited.

§5-10D-15. Confidential information exempt from disclosure.

CHAPTER 5, ARTICLE 11. HUMAN RIGHTS COMMISSION.

§5-11-1. Short title.

§5-11-2. Declaration of policy.

§5-11-3. Definitions.

§5-11-4. Powers and objectives.

§5-11-5. Composition; appointment, terms, and oath of members; compensation and expenses.

§5-11-6. Commission organization and personnel; executive director; offices; meetings; quorum; expenses of personnel.

§5-11-7. Assistance to commission; legal services.

§5-11-8. Commission powers; functions; services.

§5-11-9. Unlawful discriminatory practices.

§5-11-9a. Veterans preference not a violation of equal employment opportunity under certain circumstances.

§5-11-10. Discriminatory practices; investigations, hearings, procedures and orders.

§5-11-11. Appeal and enforcement of commission orders.

§5-11-12. Local human relations commissions.

§5-11-13. Exclusiveness of remedy; exceptions.

§5-11-14. Penalty.

§5-11-15. Construction; severability.

§5-11-16. Certain records exempt.

§5-11-17. Posting of law and information.

§5-11-18. Injunctions in certain housing complaints.

§5-11-19. Private club exemption.

§5-11-20. Violations of human rights; civil action by attorney general.

§5-11-21. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 5, ARTICLE 11A. WEST VIRGINIA FAIR HOUSING ACT.

§5-11A-1. Short title.

§5-11A-2. Declaration of policy.

§5-11A-3. Definitions.

§5-11A-3a. Volunteer services or materials to build or install basic universal design features; workers, contractors, engineers, and architects; immunity from civil liability.

§5-11A-4. Application of article.

§5-11A-5. Discrimination in sale or rental of housing and other prohibited practices.

§5-11A-6. Discrimination in residential real estate-related transactions.

§5-11A-7. Discrimination in provision of brokerage services.

§5-11A-8. Religious organization or private club exemption.

§5-11A-9. Administration; authority and responsibility; delegation of authority; appointment of administrative law judges; location of conciliation meetings; administrative review; cooperation of the commission and executive departments and agencies to further fair housing purposes; functions of the commission.

§5-11A-10. Education and conciliation; conferences and consultations; reports.

§5-11A-11. Administrative enforcement; preliminary matters; complaints and answers; service; conciliation; injunctions; reasonable cause determinations; issuance of charge.

§5-11A-12. Subpoenas; giving of evidence; witness fees; enforcement of subpoenas.

§5-11A-13. Election of remedies; administrative hearings and discovery; exclusivity of remedies; final orders; review by commission; judicial review; remedies; attorney fees.

§5-11A-14. Enforcement by private persons; civil actions; appointed attorneys; remedies; bona fide purchasers; intervention by Attorney General.

§5-11A-15. Enforcement by Attorney General; pattern or practice cases; subpoena enforcement; remedies; intervention.

§5-11A-16. Interference, coercion, or intimidation; enforcement by civil action.

§5-11A-17. Cooperation with local agencies administering fairhousing laws; utilization of services and personnel; reimbursement; written agreements; publication instate register.

§5-11A-18. Effect on other laws.

§5-11A-19. Severability of provisions.

§5-11A-20. Rules to implement article.

CHAPTER 5, ARTICLE 11B. PREGNANT WORKERS FAIRNESS ACT.

§5-11B-1. Short title.

§5-11B-2. Nondiscrimination with regard to reasonable accommodations related to pregnancy.

§5-11B-3. Remedies and enforcement.

§5-11B-4. Rule-making.

§5-11B-5. Definitions.

§5-11B-6. Relationship to other laws.

§5-11B-7. Reports.

CHAPTER 5, ARTICLE 12. WEST VIRGINIA ANTIQUITIES COMMISSION.

§5-12-1. Repealed.Acts, 1977 1st Ex. Sess., Ch. 7.

§5-12-2. Repealed.Acts, 1977 1st Ex. Sess., Ch. 7.

§5-12-3. Repealed.Acts, 1977 1st Ex. Sess., Ch. 7.

§5-12-4. Repealed.Acts, 1977 1st Ex. Sess., Ch. 7.

§5-12-5. Repealed.Acts, 1977 1st Ex. Sess., Ch. 7.

CHAPTER 5, ARTICLE 13. PUBLIC EMPLOYEES' AND TEACHERS' RECIPROCAL SERVICE CREDIT ACT.

§5-13-1. Short title.

§5-13-2. Definitions.

§5-13-3. Credited service upon transfer between systems.

§5-13-4. Reciprocal service.

§5-13-5. Prior service credit.

§5-13-6. Disability reciprocal credit.

§5-13-7. Repealed. Acts, 1974 Reg. Sess., Ch. 103.

CHAPTER 5, ARTICLE 14. WEST VIRGINIA COMMISSION FOR THE DEAF AND HARD-OF-HEARING.

§5-14-1. Legislative findings.

§5-14-2. Definitions.

§5-14-3. Continuation of commission; membership.

§5-14-4. Terms of office; quorum.

§5-14-5. Powers and duties of the commission; information clearinghouse; coordination of interpreters; outreach programs; seminars and training sessions.

§5-14-6. Seminars and training sessions.

§5-14-7. Assistance of other agencies.

§5-14-8. Executive director; staff.

§5-14-9. Reports and recommendations.

§5-14-10. Grants and gifts; contracts.

§5-14-11. Reimbursement for expenses.

§5-14-12. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 5, ARTICLE 14A. WEST VIRGINIA INTERPRETER FOR THE DEAF ACT.

§5-14A-1. Short title.

§5-14A-2. Definitions.

§5-14A-3. Appointment of interpreter in court action or grand jury proceeding.

§5-14A-4. Arrests -- Appointment of an interpreter.

§5-14A-5. Administrative proceedings -- Appointment of interpreter.

§5-14A-6. Notice of necessity of interpreter -- Proof of deafness.

§5-14A-7. Processing request for interpreter -- Duties and responsibilities.

§5-14A-8. Confirmation of accuracy of interpretation.

§5-14A-9. Interpreter fee; authority for legislative rules.

CHAPTER 5, ARTICLE 15. WHITE CANE LAW.

§5-15-1. Short title.

§5-15-2. Policy.

§5-15-3. Definitions.

§5-15-4. Equal right to use public facilities; service animals and trainers.

§5-15-5. Standard of care to be exercised by and with respect to persons who are blind or who have a disability.

§5-15-6. Annual proclamation of white cane day.

§5-15-7. Policy of the state on employment of persons who are blind or persons with disabilities.

§5-15-8. Interference with rights hereunder; penalties.

§5-15-9. Fraudulent representation; penalties.

CHAPTER 5, ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.

§5-16-1. Short title; legislative intent.

§5-16-2. Definitions.

§5-16-3. Composition of Public Employees Insurance Agency.

§5-16-4. Public Employees Insurance Agency Finance Board.

§5-16-4a. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§5-16-5. Powers and duties of the finance board.

§5-16-5a. Retiree premium subsidy from Retiree Health Benefit Trust for hires prior to July 1, 2010.

§5-16-5b. Creation of trust for retirees hired on or after July 1, 2010.

§5-16-6. Repealed. Acts, 2009 Reg. Sess., Ch. 22.

§5-16-7. Authorization to establish plans; mandated benefits; optional plans; separate rating for claims experience purposes.

§5-16-7a. Additional mandated benefits; third party reimbursement for colorectal cancer examination and laboratory testing.

§5-16-7b. Coverage for telehealth services.

§5-16-7c. Required coverage for reconstruction surgery following mastectomies.

§5-16-7d. Coverage for patient cost of clinical trials.

§5-16-7e. Definitions.

§5-16-7f. Prior authorization.

§5-16-7g. Coverage for prescription insulin drugs.

§5-16-8. Conditions of insurance program.

§5-16-8a. Air-ambulance fees.

§5-16-9. Authorization to execute contracts.

§5-16-10. Contract provisions for group hospital and surgical, group major medical, group prescription drug and group life, and accidental death insurance for retired employees, their spouses, and dependents.

§5-16-11. To whom benefits paid.

§5-16-12. Misrepresentation by employer, employee or provider; penalty.

§5-16-12a. Inspections; violations and penalties.

§5-16-12b. Privileges and immunity.

§5-16-13. Payment of costs by employer and employee; spouse and dependent coverage; involuntary employee termination coverage; conversion of annual leave and sick leave authorized for health or retirement benefits; authorization for retiree participation; continuation of health insurance for surviving dependents of deceased employees; requirement of new health plan; limiting employer contribution.

§5-16-14. Program qualifying for favorable federal income tax treatment.

§5-16-15. Optional dental, optical, disability, and prepaid retirement plan, and audiology and hearing-aid service plan.

§5-16-16. Preferred provider plan.

§5-16-17. Preexisting conditions not covered; defined.

§5-16-18. Payment of costs by employer; schedule of insurance; special funds created; duties of Treasurer with respect thereto.

§5-16-19. Authorization to take advantage of acts of congress, accept gifts, grants and matching funds.

§5-16-20. Expense fund.

§5-16-21. No member or employee of public employees insurance agency shall gain directly or indirectly from any contract or contracts provided for hereunder; criminal penalties.

§5-16-22. Permissive participation; exemptions.

§5-16-23. Members of Legislature may be covered if cost of the entire coverage is paid by such members.

§5-16-24. Rules for administration of article; eligibility of certain retired employees and dependents of deceased members for coverage; employees on medical leave of absence entitled to coverage; life insurance.

§5-16-24a. Paper transactions.

§5-16-25. Reserve fund.

§5-16-26. Quarterly report.

§5-16-27. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§5-16-28. Incorporation of the coverage for 12-month refill for contraceptive drugs.

§5-16-29. Limitation on PEIA participation.

§5-16-30. PEIA solvency.

§5-16-31. PEIA actuarial study.

§5-16-32. Effective date of amendments.

CHAPTER 5, ARTICLE 16A. THE WEST VIRGINIA HEALTH CARE INSURANCE ACT.

§5-16A-1 to 5-16A-11.

CHAPTER 5, ARTICLE 16B. WEST VIRGINIA CHILDREN'S HEALTH INSURANCE PROGRAM.

§5-16B-1. Expansion of health care coverage to children; continuation of program; legislative directives.

§5-16B-2. Definitions.

§5-16B-3. Reporting requirements.

§5-16B-4. Children's health policy advisory board created; qualifications and removal of members; powers; duties; meetings; and compensation.

§5-16B-4a. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§5-16B-5. Director of the Children’s Health Insurance Program; qualifications; powers and duties.

§5-16B-6. Financial plans requirements.

§5-16B-6a. Required coverage for patient cost of clinical trials and autism spectrum disorder treatment.

§5-16B-6b. Definitions.

§5-16B-6c. Modified benefit plan for children of families of low income between two hundred and three hundred percent of the poverty level.

§5-16B-6d. Modified benefit plan implementation.

§5-16B-6e. Coverage for treatment of autism spectrum disorders.

§5-16B-7. West Virginia children's health fund.

§5-16B-8. Termination and reauthorization.

§5-16B-9. Public-private partnerships.

§5-16B-10. Assignment of rights; right of subrogation by children's health insurance agency to the rights of recipients of medical assistance; rules as to effect of subrogation.

CHAPTER 5, ARTICLE 16C. PRESCRIPTION DRUG COST MANAGEMENT ACT.

§5-16C-1. Legislative findings; purpose; short title.

§5-16C-2. Definitions.

§5-16C-3. Finance board responsibilities for review and approval of certain contracts.

§5-16C-4. Authorization to execute prescription drug purchasing agreements.

§5-16C-5. Authorization to amend existing contracts.

§5-16C-6. Authorization to execute pharmacy benefit management contract.

§5-16C-7. Exemption from Purchasing Division requirements.

§5-16C-8. Audit required; reports.

§5-16C-9. Innovative strategies.

§5-16C-10. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 5, ARTICLE 16D. WEST VIRGINIA RETIREMENT HEALTH BENEFIT TRUST FUND.

§5-16D-1. Definitions.

§5-16D-2. Creation of West Virginia Retiree Health Benefit Trust Fund.

§5-16D-3. Operation of trust fund.

§5-16D-4. Actuary.

§5-16D-5. Operational control of trust fund.

§5-16D-6. Mandatory employer contributions.

§5-16D-7. Select Committee on Other Post-Employment Benefits.

CHAPTER 5, ARTICLE 17. WEST VIRGINIA COMMISSION ON ENERGY, ECONOMY AND ENVIRONMENT.

§5-17-1. Repealed.Acts 1975, Ch. 134; Acts 1981, Ch. 173.

§5-17-2. Repealed.Acts 1975, Ch. 134; Acts 1981, Ch. 173.

§5-17-3. Repealed.Acts 1975, Ch. 134; Acts 1981, Ch. 173.

§5-17-4. Repealed.Acts 1975, Ch. 134; Acts 1981, Ch. 173.

§5-17-5. Repealed.Acts 1975, Ch. 134; Acts 1981, Ch. 173.

§5-17-6. Repealed.Acts 1975, Ch. 134; Acts 1981, Ch. 173.

§5-17-7. Repealed.Acts 1975, Ch. 134; Acts 1981, Ch. 173.

§5-17-8. Repealed.Acts 1975, Ch. 134; Acts 1981, Ch. 173.

§5-17-9. Repealed.Acts 1975, Ch. 134; Acts 1981, Ch. 173.

§5-17-10. Repealed.Acts 1975, Ch. 134; Acts 1981, Ch. 173.

CHAPTER 5, ARTICLE 18. WEST VIRGINIA CABLE TELEVISION SYSTEMS ACT.

§5-18-1. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-2. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-3. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-4. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-5. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-6. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-7. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-8. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-9. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-10. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-11. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-12. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-13. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-14. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-15. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-16. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-17. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-18. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-19. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-20. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-21. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-22. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-23. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-24. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-25. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-26. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-27. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-28. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-29. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18-30. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

CHAPTER 5, ARTICLE 18A. TENANTS' RIGHTS TO CABLE SERVICES.

§5-18A-1. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18A-2. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18A-3. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18A-4. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18A-5. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18A-6. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18A-7. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18A-8. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18A-9. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18A-10. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

§5-18A-11. Repealed.Acts, 1999 Reg. Sess., Ch. 224.

CHAPTER 5, ARTICLE 19. DOMESTIC ALUMINUM, GLASS AND STEEL IN PUBLIC WORKS PROJECTS.

§5-19-1. Definitions.

§5-19-2. Preference for domestic aluminum, glass and steel products; mandatory contract provisions; exceptions.

§5-19-3. Contract payments; recovery in cases of violation of article.

§5-19-4. Bid or offered price of steel products of foreign origin.

CHAPTER 5, ARTICLE 20. THE GOVERNOR'S COMMISSION ON WILLOW ISLAND.

§5-20-1. Legislative findings, purposes and intent.

§5-20-2. Governor’s commission on Willow Island continued; composition; appointment of members.

§5-20-3. Powers of the commission.

§5-20-4. Compensation and expenses of members; expenses of the commission.

§5-20-5. Executive sessions authorized; demand to be heard in open hearing.

§5-20-6. Immunity granted to commission members.

§5-20-7. Privilege granted to commission findings, reports and evidence.

§5-20-8. Reports of the commission; termination of commission.

§5-20-9. Interpretation of section.

CHAPTER 5, ARTICLE 21. ENERGY COST REDUCTION GUIDELINES.

§5-21-1. Definitions.

§5-21-2. Establishment of energy cost reduction guidelines; certification; training.

§5-21-3. Advisory commission.

§5-21-4. Exemptions.

§5-21-5. Effective date of guidelines on permit applications.

CHAPTER 5, ARTICLE 22. GOVERNMENT CONSTRUCTION CONTRACTS.

§5-22-1. Bidding required; government construction contracts to go to lowest qualified responsible bidder; procedures to be followed in awarding government construction projects; penalties for violation of procedures and requirements debarment; exceptions.

§5-22-1a. Permitting government construction contracts arising out of declared states of emergency on open-ended quantity or unit price basis; types of contracts allowed for construction projects; specific location of construction project not required in solicitation; certain bonds discretionary; other bidding requirements applicable.

§5-22-2. Designation of time and place for opening of bids; right to reject or withdraw bid; bid resubmission.

§5-22-3. Certain labor requirements not to be imposed on contractor or subcontractor.

§5-22-4. Negotiation when all bids exceed budgeted amount.

CHAPTER 5, ARTICLE 22A. DESIGN-BUILD PROCUREMENT ACT.

§5-22A-1. Short title; applicability of article.

§5-22A-2. Definitions.

§5-22A-3. Public policy; conditions for contract.

§5-22A-4. Design-Build Board and members; appointments; expense reimbursement; meetings.

§5-22A-5. Duties of board to approve and monitor projects.

§5-22A-6. Design-build rules.

§5-22A-7. Design-builder qualifications; duties and powers.

§5-22A-8. Development of performance criteria.

§5-22A-9. Scope of project.

§5-22A-9a. Invitation for qualifications; selection of design-builders.

§5-22A-10. Invitation for proposals.

§5-22A-11. Proposals.

§5-22A-12. Acceptance of design-build proposal.

§5-22A-13. Construction and final certification.

§5-22A-14. Withdrawal of proposals.

§5-22A-15. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§5-22A-16. Severability.

CHAPTER 5, ARTICLE 23. COMMISSION ON MASS TRANSPORTATION.

§5-23-1. Repealed.Acts, 1988 Reg. Sess., Ch. 115.

§5-23-2. Repealed.Acts, 1988 Reg. Sess., Ch. 115.

§5-23-3. Repealed.Acts, 1988 Reg. Sess., Ch. 115.

§5-23-4. Repealed.Acts, 1988 Reg. Sess., Ch. 115.

§5-23-5. Repealed.Acts, 1988 Reg. Sess., Ch. 115.

§5-23-6. Repealed.Acts, 1988 Reg. Sess., Ch. 115.

§5-23-7. Repealed.Acts, 1988 Reg. Sess., Ch. 115.

§5-23-8. Repealed.Acts, 1988 Reg. Sess., Ch. 115.

§5-23-9. Repealed.Acts, 1988 Reg. Sess., Ch. 115.

§5-23-10. Repealed.Acts, 1988 Reg. Sess., Ch. 115.

§5-23-11. Repealed.Acts, 1988 Reg. Sess., Ch. 115.

§5-23-12. Repealed.Acts, 1988 Reg. Sess., Ch. 115.

CHAPTER 5, ARTICLE 24. WEST VIRGINIA FOREST MANAGEMENT REVIEW COMMISSION.

§5-24-1. Short title.

§5-24-2. Legislative findings, purposes and intent.

§5-24-3. Commission continued; composition; appointment of members.

§5-24-4. Powers, duties and responsibilities.

§5-24-5. Appalachian hardwood research center; creation; duties; responsibilities.

§5-24-6. Compensation and expenses of members; expenses of the commission.

§5-24-7. Reports.

§5-24-8. Repealed. Acts, 1997 Reg. Sess., Ch. 58.

CHAPTER 5, ARTICLE 25. RESIDENT TRUSTEE ACCOUNTS.

§5-25-1. Resident trustee accounts required, reports.

§5-25-2. Management accounting system required.

§5-25-3. Money not part of state fund.

§5-25-4. Resident trustee accounts claim against the state.

CHAPTER 5, ARTICLE 26. HERBERT HENDERSON OFFICE ON MINORITY AFFAIRS.

§5-26-1. Herbert Henderson Office of Minority Affairs; duties and responsibilities.

§5-26-2. Minority Affairs Fund created; purpose.

§5-26-2a. Repealed. Acts, 2007 Reg. Sess., Ch. 9.

§5-26-2b. Repealed. Acts, 2007 Reg. Sess., Ch. 9.

§5-26-3. Establishment of a community-based pilot project.

§5-26-4. Repealed. Acts, 2007 Reg. Sess., Ch. 9.

§5-26-5. Repealed. Acts, 2007 Reg. Sess., Ch. 9.

§5-26-6. Repealed. Acts, 2007 Reg. Sess., Ch. 9.

§5-26-7. Repealed. Acts, 2004 Reg. Sess., Ch. 126.

§5-26-8. Repealed. Acts, 2007 Reg. Sess., Ch. 9.

§5-26-9. Repealed. Acts, 2004 Reg. Sess., Ch. 126.

CHAPTER 5, ARTICLE 26A. WEST VIRGINIA COMMISSION FOR NATIONAL AND COMMUNITY SERVICE.

§5-26A-1. Findings, purposes and intent.

§5-26A-2. Continuation of West Virginia commission for national and community service; support and assistance to commission.

§5-26A-3. Members.

§5-26A-4. Duties and responsibilities.

§5-26A-5. Powers.

§5-26A-6. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 5, ARTICLE 27. SEVERABILITY.

§5-27-1. Severability.

CHAPTER 5, ARTICLE 28. COMMISSION ON HOLOCAUST EDUCATION.

§5-28-1. Legislative findings.

§5-28-2. Commission on holocaust education; compensation.

§5-28-3. Commission powers and duties.

§5-28-4. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 5, ARTICLE 29. EXPEDITIOUS ISSUANCE OF LICENSES BY REGULATORY AGENCIES.

§5-29-1. Purpose of article.

§5-29-2. Regulatory agencies to study expedited permits, licenses and certificates; reports to the Legislature.

CHAPTER 5, ARTICLE 30. ROSTERS OF INDIVIDUALS AUTHORIZED TO PRACTICE PROFESSIONS, OCCUPATIONS, AND TRADES.

§5-30-1. Purpose of article.

§5-30-2. Roster of licensed, registered, or certified practitioners to be made available to the public; exception.

CHAPTER 5, ARTICLE 31. THE WEST VIRGINIA FIRST FOUNDATION.

§5-31-1. Legislative findings.

§5-31-2. Definitions.

§5-31-3. West Virginia First Foundation.

§5-31-4. West Virginia First Foundation Board composition; executive director.

§5-31-5. Audits and annual reports.

CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.

CHAPTER 5A, ARTICLE 1. DEPARTMENT OF ADMINISTRATION.

§5A-1-1. Definitions.

§5A-1-2. Department of Administration and Office of Secretary; secretary; divisions; directors.

§5A-1-2a. Repealed. Acts, 1990 Reg. Sess., Ch. 2.

§5A-1-2b. Repealed. Acts, 1990 Reg. Sess., Ch. 2.

§5A-1-2c. Repealed. Acts, 1990 Reg. Sess., Ch. 2.

§5A-1-3. Powers and duties of secretary, division heads and employees.

§5A-1-4. Council of finance and administration.

§5A-1-5. Reports by secretary.

§5A-1-6. Oath and bond of secretary; bond required for director of the Purchasing Division; bonds for other directors and employees; cost of bonds.

§5A-1-7. Delegation of powers and duties by secretary.

§5A-1-8. Right of appeal from interference with functioning of agency.

§5A-1-9. Reporting of state assets held to secretary and State Treasurer.

§5A-1-10. General procurement provisions for state spending units.

§5A-1-11. State of West Virginia Office of Equal Opportunity.

§5A-1-12. Procedural rules required for exempt agencies.

CHAPTER 5A, ARTICLE 1A. EMPLOYEE SUGGESTION AWARD BOARD.

§5A-1A-1. Employee suggestion award program continued.

§5A-1A-2. Board created; term of members.

§5A-1A-3. Duties of board; excluded employees.

§5A-1A-4. Awards.

§5A-1A-5. State ownership of suggestions.

CHAPTER 5A, ARTICLE 2. FINANCE DIVISION.

§5A-2-1. Finance Division created; director; sections; powers and duties.

§5A-2-2. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-3. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-4. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-5. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-6. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-7. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-8. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-9. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-10. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-11. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-12. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-13. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-14. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-14a. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-15. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-16. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-17. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-18. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-19. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-19a. Special reports by spending units; notification of pending matters having impact on future expenditure requirements.

§5A-2-20. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-21. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-22. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-23. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-24. Management accounting.

§5A-2-25. System of accounting to be certified to legislative Auditor.

§5A-2-26. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-27. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-28. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-29. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-30. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-31. Repealed. Acts, 2004 Reg. Sess., Ch. 239.

§5A-2-32. Submission of requests, amendments, reports, etc., to legislative auditor; misdemeanor penalty for noncompliance.

§5A-2-33. Financial accounting and reporting section; comptroller; powers and responsibilities.

§5A-2-34. Study of centralized accounting system.

§5A-2-35. Repealed. Acts, 1990 Reg. Sess., Ch. 2.

§5A-2-36. Repealed. Acts, 1990 Reg. Sess., Ch. 2.

§5A-2-37. Repealed. Acts, 1965 Reg. Sess., Ch. 51.

§5A-2-38. Repealed. Acts, 1965 Reg. Sess., Ch. 51.

CHAPTER 5A, ARTICLE 2A. USE OF ALTERNATIVE FUELS IN STATE-OWNED VEHICLES.

§5A-2A-1. Definitions.

§5A-2A-2. Purchase or lease of fleet vehicles; use of alternative fuels.

§5A-2A-3. Regulation of compressed natural gas.

§5A-2A-4. Prohibition of subsidies or incentive payments.

CHAPTER 5A, ARTICLE 2B. SHARED SERVICES.

§5A-2B-1. Shared Services Section created; purpose; deputy director.

§5A-2B-2. Cost analysis and reporting.

§5A-2B-3. Applicability and exemptions.

§5A-2B-4. Special revenue fund; payments into fund; disbursements.

CHAPTER 5A, ARTICLE 3. PURCHASING DIVISION.

§5A-3-1. Division created; purpose; director; applicability of article; continuation.

§5A-3-1a. Prescription drug products.

§5A-3-2. Books and records of director.

§5A-3-3. Authority of Director of Purchasing.

§5A-3-3a. Additional exemptions from purchasing requirements.

§5A-3-3b. Exemption of facilities providing direct patient care services that are managed, directed, controlled and governed by the Secretary of the Department of Health Facilities.

§5A-3-3c. Exemptions from purchasing requirements for contracts entered into as part of recovery from a declared state of emergency.

§5A-3-4. Rules of director.

§5A-3-5. Purchasing section standard specifications -- Promulgation and adoption by director; applicable to all purchases.

§5A-3-6. Purchasing section standard specifications -- Advisers from spending units.

§5A-3-7. Director to advise with heads of state and other institutions producing commodities, services and printing.

§5A-3-8. Facilities of division available to local governmental bodies.

§5A-3-8a. Facilities of division available to volunteer fire departments and emergency medical services.

§5A-3-9. Examination and testing of purchases; report required.

§5A-3-9a. Creation of a fund.

§5A-3-10. Competitive bids; publication of solicitations for sealed bids; purchase of products of nonprofit workshops; employee to assist in dealings with nonprofit workshops; continuing procurements over $1 million.

§5A-3-10a. Prohibition for awarding contracts to vendors which owe a debt to the State or its political subdivisions.

§5A-3-10b. Best value procurement.

§5A-3-10c. Direct award procurement.

§5A-3-10d. Reverse auctions.

§5A-3-10e. Prequalification agreement; agency-delegated bidding.

§5A-3-11. Purchasing in open market on competitive bids; debarment; bids to be based on written specifications; period for alteration or withdrawal of bids; awards to lowest responsible bidder; uniform bids; record of bids; requirements of vendors to pay taxes, fees and debts; exception; grant exemption.

§5A-3-11a. Negotiation when all bids exceed budget in requisition.

§5A-3-11b. Discussion and final offers.

§5A-3-11c. Multiple awards.

§5A-3-12. Prequalification disclosure and payment of annual fee by vendors required; form and contents; register of vendors; false certificates; penalties.

§5A-3-13. Contracts to be approved as to form; filing.

§5A-3-14.

§5A-3-14a. Repealed. Acts, 1990 Reg. Sess., Ch. 2.

§5A-3-15. Emergency purchases in open market.

§5A-3-16. Special fund; purposes; how composed.

§5A-3-17. Purchases or contracts violating article void; personal liability.

§5A-3-18. Substituting for commodity bearing particular trade name or brand.

§5A-3-19. Purchases from federal government and other sources.

§5A-3-20. Spending units to submit lists of expendable commodities.

§5A-3-21. Repealed. Acts, 2010 Reg. Sess., Ch. 169.

§5A-3-22. Repealed. Acts, 2010 Reg. Sess., Ch. 169.

§5A-3-23. Repealed. Acts, 2010 Reg. Sess., Ch. 169.

§5A-3-24. Repealed. Acts, 2010 Reg. Sess., Ch. 169.

§5A-3-25. Repealed. Acts, 2010 Reg. Sess., Ch. 169.

§5A-3-26. Repealed. Acts, 2010 Reg. Sess., Ch. 132.

§5A-3-27. Repealed. Acts, 2008 Reg. Sess., Ch. 4.

§5A-3-28. Financial interest of secretary, etc.; receiving reward from interested party; penalty; application of bribery statute.

§5A-3-29. Penalty for violation of article.

§5A-3-30. Statement of purpose; obtaining money and property under false pretenses or by fraud from the state; penalties; definition.

§5A-3-31. Corrupt actions, combinations, collusions or conspiracies prohibited; penalties.

§5A-3-32. Power of director to suspend right to bid; notice of suspension.

§5A-3-33. Review of suspension by secretary.

§5A-3-33a. Repealed. Acts, 2006 Reg. Sess., Ch. 2.

§5A-3-33b. Scope.

§5A-3-33c. Duties.

§5A-3-33d. Grounds for debarment.

§5A-3-33e. Debarment procedure.

§5A-3-33f. Effects of debarment.

§5A-3-34. Authority over inventories and property.

§5A-3-35. Submission of annual inventories.

§5A-3-36. Inventory of removable property.

§5A-3-37. Reciprocal preference; preference for resident vendors for certain contracts.

§5A-3-37a.

§5A-3-38.

§5A-3-39.

§5A-3-40.

§5A-3-40a. Repealed. Acts, 2007 Reg. Sess., Ch. 214.

§5A-3-41.

§5A-3-42.

§5A-3-43. State agency for surplus property created.

§5A-3-44. Authority and duties of state agency for surplus property.

§5A-3-45. Disposition of surplus state property; semiannual report; application of proceeds from sale.

§5A-3-46. Warehousing, transfer, etc., charges.

§5A-3-47. Department of agriculture and other agencies exempted.

§5A-3-48. Travel rules; exceptions.

§5A-3-49 Repealed Acts, 2018 Reg. Sess., Ch. 106.  

§5A-3-50. Acquiring and disposing of vehicles and aircraft.

§5A-3-51. Maintenance and service to vehicles and aircraft.

§5A-3-52. division; fund.

§5A-3-53. Enforcement of travel management regulations.

§5A-3-54.

§5A-3-55.

§5A-3-55a.

§5A-3-56. Preference for the use of domestic steel products in state contract projects; exceptions; civil penalties.

§5A-3-57. Buy American task force; study; report.

§5A-3-58. Creation of the Purchasing Improvement Fund.

§5A-3-59. Small, women and minority-owned businesses.

§5A-3-60. Annual purchasing training.

§5A-3-61. Standardization.

§5A-3-62. Prohibited contract clauses.

§5A-3-63. Prohibition on contracting with companies that boycott Israel.

CHAPTER 5A, ARTICLE 3A. CENTRAL NONPROFIT COORDINATING AGENCY AND COMMITTEE FOR THE PURCHASE OF COMMODITIES AND SERVICES FROM THE HANDICAPPED.

§5A-3A-1. Purpose.

§5A-3A-2. Central nonprofit agency.

§5A-3A-3. Committee for the purchase of commodities and services from the handicapped.

§5A-3A-4. Responsibilities of the committee for the purchase of commodities and services from the handicapped.

§5A-3A-5. Rules.

§5A-3A-6. Exceptions.

CHAPTER 5A, ARTICLE 3B. ENERGY-SAVINGS CONTRACTS.

§5A-3B-1. Definitions.

§5A-3B-2. Energy-savings contracts.

CHAPTER 5A, ARTICLE 3C. PHARMACEUTICAL AVAILABILITY AND AFFORDABILITY ACT OF 2004.

§5A-3C-1. Repealed. Acts, 2009 Reg. Sess., Ch. 108.

§5A-3C-2. Repealed. Acts, 2009 Reg. Sess., Ch. 108.

§5A-3C-3. Repealed. Acts, 2009 Reg. Sess., Ch. 108.

§5A-3C-4. Repealed. Acts, 2009 Reg. Sess., Ch. 108.

§5A-3C-5. Repealed. Acts, 2009 Reg. Sess., Ch. 108.

§5A-3C-6. Repealed. Acts, 2009 Reg. Sess., Ch. 108.

§5A-3C-7. Repealed. Acts, 2009 Reg. Sess., Ch. 108.

§5A-3C-8. Repealed. Acts, 2009 Reg. Sess., Ch. 108.

§5A-3C-9. Repealed. Acts, 2009 Reg. Sess., Ch. 108.

§5A-3C-10. Repealed. Acts, 2009 Reg. Sess., Ch. 108.

§5A-3C-11. Repealed. Acts, 2009 Reg. Sess., Ch. 108.

§5A-3C-12. Repealed. Acts, 2009 Reg. Sess., Ch. 108.

§5A-3C-13. Repealed. Acts, 2009 Reg. Sess., Ch. 108.

§5A-3C-14. Repealed. Acts, 2009 Reg. Sess., Ch. 108.

§5A-3C-15. Repealed. Acts, 2009 Reg. Sess., Ch. 108.

§5A-3C-16. Repealed. Acts, 2009 Reg. Sess., Ch. 108.

§5A-3C-17. Repealed. Acts, 2009 Reg. Sess., Ch. 108.

CHAPTER 5A, ARTICLE 4. GENERAL SERVICES DIVISION.

§5A-4-1. General services division; director.

§5A-4-1a. Repealed. Acts, 1990 Reg. Sess., Ch. 2.

§5A-4-2. Care, control and custody of capitol buildings and grounds.

§5A-4-3. Security officers; appointment; oath; carrying weapons; powers and duties generally, etc.

§5A-4-4. Unlawful to kill or molest animals, birds or fowls upon grounds of capitol; powers and duties of security officers; penalties.

§5A-4-5 Repealed. Acts, 2016 Reg. Sess., Ch. 116

§5A-4-5a. Construction of parking garage for general public; creation of fund.

§5A-4-6. Renovation and improvement of capitol building and capitol complex.

§5A-4-7. Repealed. Acts, 1990 Reg. Sess., Ch. 2.

CHAPTER 5A, ARTICLE 4A. GOVERNOR'S MANSION ADVISORY COMMITTEE.

§5A-4A-1. Repealed.Acts, 1990 Reg. Sess., Ch. 2.

§5A-4A-2. Repealed.Acts, 1990 Reg. Sess., Ch. 2.

§5A-4A-3. Repealed.Acts, 1990 Reg. Sess., Ch. 2.

CHAPTER 5A, ARTICLE 5. GOVERNOR'S MANSION ADVISORY COMMITTEE.

§5A-5-1. Committee continued; appointment, terms, etc., of members; meetings and responsibilities; annual report.

§5A-5-2. Office of Governor's mansion director created; duties and responsibilities.

§5A-5-3. Official use of state rooms in Governor's mansion; vacating private rooms of mansion.

§5A-5-4. Repealed Acts, 1990 Reg. Sess., Ch. 2.

§5A-5-5. Repealed. Acts, 1990 Reg. Sess., Ch. 2.

CHAPTER 5A, ARTICLE 6. OFFICE OF TECHNOLOGY.

§5A-6-1. Findings and purposes.

§5A-6-2. Definitions.

§5A-6-3. Office of Technology; Chief Information Officer; appointment and qualifications; continuation of special funds.

§5A-6-4. Powers and duties of the Chief Information Officer generally.

§5A-6-4a. [Repealed.] Acts, 2019 Reg. Sess., Ch. 123.

§5A-6-4b. Project management duties of the Chief Information Officer; establishment of the Project Management Office and authority of the Project Management Office.

§5A-6-4c. Technology project proposals and the establishment of steering committees.

§5A-6-4d. Responsibilities of the Chief Information Officer to implement information technology modernization.

§5A-6-4e. Digitization of state forms.

§5A-6-5. Notice of request for proposals by state spending units required to make purchases through the state Purchasing Division.

§5A-6-6. Notice of request for proposals by state spending units exempted from submitting purchases to the state Purchasing Division.

§5A-6-7. Biannual report.

§5A-6-8. Exemptions.

§5A-6-9. West Virginia Task Force on Artificial Intelligence.

CHAPTER 5A, ARTICLE 6A. PERMITTING AND LICENSING INFORMATION ACT.

§5A-6A-1 Repealed. Acts, 2016 Reg. Sess., Ch. 37

§5A-6A-2 Repealed. Acts, 2016 Reg. Sess., Ch. 37

§5A-6A-3 Repealed. Acts, 2016 Reg. Sess., Ch. 37

§5A-6A-4 Repealed. Acts, 2016 Reg. Sess., Ch. 37

§5A-6A-5 Repealed. Acts, 2016 Reg. Sess., Ch. 37

§5A-6A-6 Repealed. Acts, 2016 Reg. Sess., Ch. 37

§5A-6A-7 Repealed. Acts, 2016 Reg. Sess., Ch. 37

§5A-6A-8 Repealed. Acts, 2016 Reg. Sess., Ch. 37

§5A-6A-9 Repealed. Acts, 2016 Reg. Sess., Ch. 37

CHAPTER 5A, ARTICLE 6B. CYBER SECURITY PROGRAM.

§5A-6B-1. West Virginia Cybersecurity Office; scope; exemptions.

§5A-6B-2. Definitions.

§5A-6B-3. Powers and duties of Chief Information Security Officer; staff; rule-making.

§5A-6B-4. Responsibilities of agencies for cybersecurity.

§5A-6B-5. Exemption from disclosure.

§5A-6B-6. Annual reports.

CHAPTER 5A, ARTICLE 6C. WEST VIRGINIA CYBER INCIDENT REPORTING.

§5A-6C-1. Definitions.

§5A-6C-2. Scope.

§5A-6C-3. Cyber Incident reporting; when required.

§5A-6C-4. Cybersecurity Office annual report.

CHAPTER 5A, ARTICLE 7. INFORMATION SERVICES AND COMMUNICATIONS DIVISION.

§5A-7-1. Definitions.

§5A-7-2. Division created; purpose; use of facilities; rules and regulations.

§5A-7-3. Director; appointment and qualifications.

§5A-7-4. Powers and duties of division generally; professional staff; telephone service.

§5A-7-4a. Payment of legitimate uncontested invoices for telecommunications services; procedures and powers of the Information and Communications Division and Secretary of Administration.

§5A-7-5. Control over central mailing office.

§5A-7-6. Central mailing office employees.

§5A-7-7. Central mailing office responsibilities.

§5A-7-8. Use of the central mailing office.

§5A-7-9. Preparation of mail for special rates.

§5A-7-10. Special fund created; payments into fund; charges for services; disbursements from fund.

§5A-7-11. Confidential records.

CHAPTER 5A, ARTICLE 8. PUBLIC RECORDS MANAGEMENT AND PRESERVATION ACT.

§5A-8-1. Short title.

§5A-8-2. Declaration of policy.

§5A-8-3. Definitions.

§5A-8-3a. Repealed. Acts, 1990 Reg. Sess., Ch. 2.

§5A-8-4. Categories of records to be preserved.

§5A-8-5. State records administrator.

§5A-8-6. Records management and preservation advisory committee.

§5A-8-7. Duties of administrator.

§5A-8-8. Rules and regulations.

§5A-8-9. Duties of agency heads.

§5A-8-10. Essential state records – Preservation duplicates.

§5A-8-11. Essential state records – Safekeeping.

§5A-8-12. Essential state records – Maintenance, inspection, and use.

§5A-8-13. Essential state records – Confidential records.

§5A-8-14. Essential state records – Review of program.

§5A-8-15. Records management and preservation of county records; alternate storage of county records; Records Management and Preservation Board; qualifications and appointment of members; reimbursement of expenses; staffing; rule-making authority; study of records management needs of state agencies; grants to counties.

§5A-8-15a. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§5A-8-16. Assistance to legislative and judicial branches.

§5A-8-17. Disposal of records.

§5A-8-18. Destruction of nonrecord materials.

§5A-8-19. Annual report.

§5A-8-20. Alternate storage of state records.

§5A-8-21. Limitation on release of certain personal information maintained by state agencies and entities regarding state employees.

§5A-8-22. Personal information maintained by state entities.

§5A-8-23. Limitation of liability.

§5A-8-24. Protection of personal information relating to judicial officers, prosecutors, and law-enforcement officers.

§5A-8-25. Health care worker personal information.

CHAPTER 5A, ARTICLE 9. VOLUNTARY GILDING THE DOME CHECK-OFF PROGRAM.

§5A-9-1. Legislative intent.

§5A-9-2. Voluntary check-off designation.

§5A-9-3. Contributions credited to special fund.

§5A-9-4. Use of funds.

§5A-9-5. Effective date.

CHAPTER 5A, ARTICLE 10. REAL ESTATE DIVISION.

§5A-10-1. Division created; purpose; director.

§5A-10-2. Leases for space to be made in accordance with article; exceptions.

§5A-10-3. Powers and duties of Real Estate Division.

§5A-10-3a. Regulation of parking on state-owned or leased property in Charleston; creation of fund.

§5A-10-4. Leasing of space by executive director; delegation of authority.

§5A-10-5. Selection of grounds, etc.; acquisition by contract or lease; long-term leases.

§5A-10-6. Long-term leases of public lands for wireless communication towers.

§5A-10-7. Leases and other instruments for space signed by executive director; approval as to form; filing.

§5A-10-8. Inspection of leased property; requiring approval of executive director for permanent changes.

§5A-10-9. Real property accounting and records.

§5A-10-10. Real property review.

§5A-10-11. Rulemaking.

§5A-10-12. Lease of state properties to nongovernmental entities.

CHAPTER 5A, ARTICLE 11. PUBLIC LAND CORPORATION.

§5A-11-1. Public Land Corporation.

§5A-11-2. Corporation boards of directors, members, expenses, appointment, terms, qualifications; director as board chairman; meetings, quorum; executive secretary, secretary to board; professional and support staff; execution of legal documents, permits and licenses.

§5A-11-3. Public Land Corporation, powers and duties.

§5A-11-4. Public Land Corporation to conduct sales of public lands by competitive bidding, modified competitive bidding or direct sale.

§5A-11-5. Public Land Corporation to hold public hearing before sale, lease, exchange or transfer of land or minerals.

§5A-11-6. Competitive bidding and notice requirements before the development or extraction of minerals on certain lands; related standards.

§5A-11-7. Effectuation of transfer of Public Land Corporation and transition.

§5A-11-8. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 5A, ARTICLE 12. FLEET MANAGEMENT DIVISION.

§5A-12-1. §5A-12-1. Definitions.

§5A-12-2. Scope of Article.

§5A-12-3. Fleet Management Division created; director; duties and responsibilities.

§5A-12-4. Fleet Management Division Fund.

§5A-12-5. Rule-making authority; emergency rules.

§5A-12-6. Vehicle operator regulations; training.

§5A-12-7. Spending unit duties and responsibilities.

§5A-12-8. Fleet coordinators.

§5A-12-9. Utilization of Vehicle Management Services; exemption.

§5A-12-10. Annual reports by spending units.

§5A-12-11. Complaint process.

§5A-12-12. State vehicle fleet annual report.

§5A-12-13. Spot compliance audits by the State Auditor.

§5A-12-14. Legislative compliance audit.

CHAPTER 5A, ARTICLE 13. ONE-STOP-SHOP PERMITTING PROGRAM.

§5A-13-1. Creation of the One-Stop-Shop Permitting Program.

§5A-13-2. Definitions.

§5A-13-3. Permitting Program and Dashboard.

§5A-13-4. Refunds of Late Permits.

§5A-13-5. Options for Paper or Alternative Electronic Forms.

§5A-13-6. Legislative Rules.

CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.

CHAPTER 5B, ARTICLE 1. DEPARTMENT OF COMMERCE.

§5B-1-1. Department of Commerce; office of Secretary of Department of Commerce.

§5B-1-1a. Marketing and Communications Office.

§5B-1-2. Agencies, boards, commissions, divisions, and offices comprising the Department of Commerce.

§5B-1-3. Powers and duties of secretary, administrators, division heads and employees.

§5B-1-4. Reports by secretary.

§5B-1-5. Delegation of powers and duties by secretary.

§5B-1-6. Confidentiality of information.

§5B-1-7. Right of appeal from interference with functioning of agency.

§5B-1-8. Financial assistance for small businesses during state of emergency.

§5B-1-9. Authority to assist qualifying tourism development projects and tourism development expansion projects; legislative findings.

§5B-1-10. West Virginia Health Care Workforce Sustainability Study.

CHAPTER 5B, ARTICLE 1A. WEST VIRGINIA RAILS TO TRAILS PROGRAM.

§5B-1A-1. Purpose.

§5B-1A-2. Rails to trails program.

§5B-1A-3. Definitions.

§5B-1A-4. Powers and duties of the authority.

§5B-1A-5. Powers to hold and acquire real property.

§5B-1A-6. Abandoned rights-of-way owned by the state prior to effective date of article.

§5B-1A-7. Railroad rights-of-way preservation.

§5B-1A-8. Limitation on liability of owner from whom state acquires land or interest therein.

§5B-1A-9. Limitation on liability of persons making land available for trail use without charge.

CHAPTER 5B, ARTICLE 1B. SOUTHERN WEST VIRGINIA LAKE DEVELOPMENT STUDY COMMISSION.

§5B-1B-1. Southern West Virginia Lake Development Study Commission Act.

§5B-1B-2. Legislative findings.

§5B-1B-3. Commission created; undertake study; report to the Legislature.

§5B-1B-4. Report to the Legislature.

CHAPTER 5B, ARTICLE 2. DEPARTMENT OF ECONOMIC DEVELOPMENT.

§5B-2-1. West Virginia Department of Economic Development; confidentiality.

§5B-2-2. Office of Secretary of Department of Economic Development.

§5B-2-3. Powers and duties of the secretary.

§5B-2-3a. Repealed. Acts, 2015 Reg. Sess., Ch. 40.

§5B-2-3b. Economic development promotion and closing fund.

§5B-2-4. Public-private partnerships.

§5B-2-4a. State allocation to regional councils.

§5B-2-5. Economic development representatives.

§5B-2-6. Transition; savings provision.

§5B-2-6a. Brownfield economic development districts; applications; fees; rules.

§5B-2-6b. Repealed. Acts, 1992 Reg. Sess., Ch. 55.

§5B-2-6c. Repealed. Acts, 1992 Reg. Sess., Ch. 55.

§5B-2-6d. Repealed. Acts, 1992 Reg. Sess., Ch. 55.

§5B-2-6e. Repealed. Acts, 1992 Reg. Sess., Ch. 55.

§5B-2-7. Repealed. Acts, 2015 Reg. Sess., Ch. 40.

§5B-2-8 Repealed Acts, 2017 Reg. Sess., Ch. 238.

§5B-2-8a Repealed Acts, 2017 Reg. Sess., Ch. 238.

§5B-2-9 Repealed Acts, 2017 Reg. Sess., Ch. 238.

§5B-2-9a. Powers and duties of Secretary of the Department of Tourism and Tourism Advisory Council for improving Cardinal Passenger Train Service; declaration of public policy and Legislative intent.

§5B-2-10. Program and policy action statement; submission to joint committee on government and finance.

§5B-2-11 Repealed Acts, 2017 Reg. Sess., Ch. 238.

§5B-2-12 Repealed Acts, 2017 Reg. Sess., Ch. 238.

§5B-2-12a Repealed Acts, 2017 Reg. Sess., Ch. 238.

§5B-2-13. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§5B-2-14. Certified development community program.

§5B-2-15. Upper Kanawha Valley Resiliency and Revitalization Program.

§5B-2-16. Entrepreneurship and Innovation Investment Fund.

§5B-2-17. West Virginia Motorsport Committee.

§5B-2-18. Small Business Supplier Certification Assistance Program.

§5B-2-18a. Applicability of federal laws and Federal Aviation Administration regulations; permissible use of uncrewed aircraft.

§5B-2-19. Certified Sites and Development Readiness Program.

§5B-2-20. West Virginia Uncrewed Aircraft Systems Advisory Council.

§5B-2-21. Certified Industrial Business Expansion Development Program.

CHAPTER 5B, ARTICLE 2A. OFFICE OF COALFIELD COMMUNITY DEVELOPMENT.

§5B-2A-1. Legislative findings and declaration.

§5B-2A-2. Application of article.

§5B-2A-3. Definitions.

§5B-2A-4. Office of Coalfield Community Development.

§5B-2A-5. Powers and duties.

§5B-2A-6. Community impact review.

§5B-2A-7. Repealed. Acts, 2002 Reg. Sess., Ch. 58.

§5B-2A-8. Determining and developing needed community assets.

§5B-2A-9. Securing developable land and infrastructure.

§5B-2A-10. Action report; annual update.

§5B-2A-11. Land acquisitions.

§5B-2A-12. Rulemaking.

§5B-2A-13. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§5B-2A-14. Sunset

CHAPTER 5B, ARTICLE 2B. WEST VIRGINIA WORKFORCE INVESTMENT ACT.

§5B-2B-1. Short title.

§5B-2B-2. Definitions.

§5B-2B-3. West Virginia Workforce Development Board; membership of board; meetings; quorum requirements.

§5B-2B-4. Duties of the Workforce Development Board.

§5B-2B-4a. Report to Legislature.

§5B-2B-4b. Open meetings; public information.

§5B-2B-5. State agencies.

§5B-2B-6. Administration of board.

§5B-2B-7. Legislative oversight commission on workforce investment for economic development.

§5B-2B-8. Powers and duties of the commission.

§5B-2B-9. Coordination between agencies providing workforce investment programs, local workforce investment boards and the Executive Director of Workforce West Virginia.

CHAPTER 5B, ARTICLE 2C. WEST VIRGINIA ACADEMY OF SCIENCE AND TECHNOLOGY.

§5B-2C-1. Legislative purpose.

§5B-2C-2. West Virginia academy of science and technology; composition; creation of council, appointment and terms; expenses; selection of chairperson; quorum; meetings.

§5B-2C-3. Executive director; powers and duties; compensation; expenses.

§5B-2C-4. Powers and duties of the council of the academy of science and technology.

§5B-2C-5. Fellows of the academy of science and technology.

§5B-2C-6. Periodic reports.

§5B-2C-7. Confidentiality of contributed material.

§5B-2C-8. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 5B, ARTICLE 2D. WEST VIRGINIA GUARANTEED WORK FORCE PROGRAM.

§5B-2D-1. Short title.

§5B-2D-2. Definitions.

§5B-2D-3. Training program.

§5B-2D-4. Funds.

§5B-2D-5. Program activities.

§5B-2D-6. Reporting.

§5B-2D-7. Marketing.

§5B-2D-8. Summer youth intern pilot program.

CHAPTER 5B, ARTICLE 2E. WEST VIRGINIA TOURISM DEVELOPMENT ACT.

§5B-2E-1. West Virginia Tourism Development Act.

§5B-2E-2. Legislative findings.

§5B-2E-3. Definitions.

§5B-2E-4. Additional powers and duties of the development office.

§5B-2E-5. Project application; evaluation standards; approval of projects.

§5B-2E-6. Agreement between department and approved company.

§5B-2E-7. Amount of credit allowed for tourism development project; approved projects.

§5B-2E-7a. Amount of credit allowed for tourism development expansion project; approved projects.

§5B-2E-7b. Credit against taxes.

§5B-2E-8. Forfeiture of unused tax credits; credit recapture; recapture tax imposed; information required to be submitted annually to development office; transfer of tax credits to successors.

§5B-2E-9. Promulgation of rules.

§5B-2E-10. Legislative review.

§5B-2E-11. Termination.

CHAPTER 5B, ARTICLE 2F. DIVISION OF ENERGY.

§5B-2F-1. Short title.

§5B-2F-2. Purpose; Office of Energy; office to develop energy policy and development plan; contents of energy policy and development plan; and office to promote energy initiatives.

§5B-2F-3. Energy Savings Contracting Program.

§5B-2F-4. Energy savings program.

§5B-2F-5. Disclosure of energy usage.

CHAPTER 5B, ARTICLE 2G. LAND CONSERVATION.

§5B-2G-1. Short title.

§5B-2G-2. Legislative findings and purpose.

§5B-2G-3. West Virginia Outdoor Heritage Conservation Fund - Established.

§5B-2G-4. West Virginia Outdoor Heritage Conservation Fund - Board of trustees.

§5B-2G-5. West Virginia Outdoor Heritage Conservation Fund - Powers.

§5B-2G-6. West Virginia Outdoor Heritage Conservation Fund - Duties.

§5B-2G-7. Definitions.

§5B-2G-8. Funding of land conservation; issuance of revenue bonds.

§5B-2G-9. Grants for land conservation; application; criteria.

CHAPTER 5B, ARTICLE 2H. MARCELLUS GAS AND MANUFACTURING DEVELOPMENT ACT.

§5B-2H-1. Short Title.

§5B-2H-2. Legislative findings; declaration of public policy.

CHAPTER 5B, ARTICLE 2I. DEPARTMENT OF TOURISM.

§5B-2I-1. Short title.

§5B-2I-2. West Virginia Department of Tourism.

§5B-2I-3. Office of Secretary of Department of Tourism.

§5B-2I-4. Powers and duties of the Department of Tourism.

§5B-2I-5. Public-private partnerships.

§5B-2I-6. Tourism Promotion Fund; use of funds.

§5B-2I-7. Tourism Advisory Council; members, appointment, and expenses.

§5B-2I-8. Confidentiality.

CHAPTER 5B, ARTICLE 2J. NATURAL GAS LIQUIDS ECONOMIC DEVELOPMENT ACT.

§5B-2J-1. Short Title.

§5B-2J-2. Legislative findings; declaration of public policy.

CHAPTER 5B, ARTICLE 2K. COALFIELD COMMUNITIES GRANT FACILITATION COMMISSION.

§5B-2K-1. Short title.

§5B-2K-2. Legislative Findings.

§5B-2K-3. Coalfield Community Grant Facilitation Commission created.

§5B-2K-4. Coalfield Community Grant Facilitation Special Revenue Account.

§5B-2K-5. Facilitation of grant submissions by higher education institutions.

§5B-2K-6. Report to the Legislature.

CHAPTER 5B, ARTICLE 2L. BUILD WV ACT.

§5B-2L-1. Short title.

§5B-2L-2. Legislative findings and purpose.

§5B-2L-3. Definitions.

§5B-2L-4. Rule-making.

§5B-2L-5. Application of the West Virginia Tax Procedure and Administration Act and West Virginia Tax Crimes and Penalties Act.

§5B-2L-6. Effective date, expiration date and required reporting.

§5B-2L-7. Consumers sales and service tax and use tax exemption for construction contractors.

§5B-2L-8. Municipal authority to exempt business and occupation tax.

§5B-2L-9. Eligibility for property value adjustment tax credit.

§5B-2L-10. Amount of property value adjustment tax credit allowed.

§5B-2L-11. Application of annual credit allowance.

§5B-2L-12. Property value adjustment tax credit entitlement is retained by eligible taxpayers that have developed project property, transfer of credit to transferees of project property is prohibited.

§5B-2L-13. Credit recapture; interest; penalties; additions to tax; statute of limitations.

§5B-2L-14. Designation of a certified district.

§5B-2L-15. Project administration and certification.

§5B-2L-16. Project application; evaluation standards; approval of projects.

§5B-2L-17. Agreement between Department of Economic Development and approved company or approved group of multiple party project participants.

CHAPTER 5B, ARTICLE 2M. PROMOTING PUBLIC-USE VERTIPORTS ACT.

§5B-2M-1. Policy.

§5B-2M-2. Definitions.

§5B-2M-3. Applicability.

§5B-2M-4. Vertiport safety.

§5B-2M-5. Exclusionary and discriminatory zoning prohibited.

§5B-2M-6. Harmonization.

CHAPTER 5B, ARTICLE 2N. GRID STABILIZATION AND SECURITY ACT OF 2023.

§5B-2N-1. Short title.

§5B-2N-2. Legislative findings; declaration of public policy.

§5B-2N-3. Identification of suitable sites for natural gas electric generation projects.

§5B-2N-4. Designation of sites suitable for natural gas electric generation projects.

CHAPTER 5B, ARTICLE 2O. COAL FIRED GRID STABILIZATION AND SECURITY ACT OF 2023.

§5B-2O-1. Short title.

§5B-2O-2. Legislative findings; declaration of public policy.

§5B-2O-3. Identification of suitable sites for coal electric generation projects.

§5B-2O-4. Designation of sites suitable for coal electric generation projects.

CHAPTER 5B, ARTICLE 3. WEST VIRGINIA ECONOMIC DEVELOPMENT STRATEGY: A VISION SHARED.

§5B-3-1. Legislative intent.

§5B-3-2. Creation of the joint commission on economic development.

§5B-3-3. Reexamination of vision and goals.

§5B-3-4. Commission review of procedural rules, interpretive rules and existing legislative rules.

§5B-3-5. Joint Commission on Economic Development Studies.

CHAPTER 5B, ARTICLE 4. LABOR-MANAGEMENT COUNCIL.

§5B-4-1. Repealed. Acts, 1995 Reg. Sess., Ch. 142.

CHAPTER 5B, ARTICLE 5. EMPLOYEE OWNERSHIP ASSISTANCE PROGRAM.

§5B-5-1. Repealed. Acts, 1993 Reg. Sess., Ch. 42.

CHAPTER 5B, ARTICLE 6. SMALL BUSINESS EXPANSION ASSISTANCE PROGRAM.

§5B-6-1. Repealed. Acts, 1993 Reg. Sess., Ch. 42.

CHAPTER 5B, ARTICLE 7. RECOVERY ZONE BONDS.

§5B-7-1. Definitions.

§5B-7-2. Allocation of volume cap for recovery zone bonds; obligations not debt of state.

§5B-7-3. Certification and waiver of volume cap allocation.

§5B-7-4. Reallocation of volume cap.

§5B-7-5. Suballocation of volume cap by counties; counties authorized to take action to issue recovery zone bonds.

CHAPTER 5B, ARTICLE 8. SMALL BUSINESS INNOVATION RESEARCH AND SMALL BUSINESS TECHNOLOGY TRANSFER MATCHING FUNDS PROGRAM.

§5B-8-1. Definitions.

§5B-8-2. Creating a matching program.

§5B-8-3. Eligibility.

§5B-8-4. Application process.

§5B-8-5. Grant terms.

CHAPTER 5B, ARTICLE 9. FLATWATER TRAIL COMMISSION.

§5B-9-1. Flatwater Trail Commission; members, appointment, and expenses.

CHAPTER 5B, ARTICLE 10. WEST VIRGINIA DEVELOPMENT ACHIEVEMENTS TRANSPARENCY ACT.

§5B-10-1. Short title.

§5B-10-2. Purpose and findings.

§5B-10-3. Definitions.

§5B-10-4. Reporting requirements.

§5B-10-5. Auditor’s searchable economic development website created.

§5B-10-6. Contents of the searchable website.

§5B-10-7. Confidentiality.

§5B-10-8. Source and accuracy of information; failure to report.

§5B-10-9. Public hearings.

CHAPTER 5B, ARTICLE 11. WEST VIRGINIA ADVANCED ENERGY AND ECONOMIC CORRIDOR AUTHORITY.

§5B-11-1. Legislative findings.

§5B-11-2. Advanced Energy and Economic Corridor Authority created; membership; terms; meetings; quorum; compensation and expenses; assistance from Department of Economic Development.

§5B-11-3. Powers and duties of the authority.

§5B-11-4. Report to the Legislature.

CHAPTER 5C. BASIC ASSISTANCE FOR INDUSTRY AND TRADE.

CHAPTER 5C, ARTICLE 1. WEST VIRGINIA INDUSTRY AND JOBS DEVELOPMENT CORPORATION.

§5C-1-1. Repealed. Acts, 1989 Reg. Sess., Ch. 54

§5C-1-2. Repealed. Acts, 1989 Reg. Sess., Ch. 54

§5C-1-3. Repealed. Acts, 1989 Reg. Sess., Ch. 54

§5C-1-4. Repealed. Acts, 1989 Reg. Sess., Ch. 54

§5C-1-5. Repealed. Acts, 1989 Reg. Sess., Ch. 54

§5C-1-6. Repealed. Acts, 1989 Reg. Sess., Ch. 54

§5C-1-7. Repealed. Acts, 1989 Reg. Sess., Ch. 54

§5C-1-8. Repealed. Acts, 1989 Reg. Sess., Ch. 54

§5C-1-9. Repealed. Acts, 1989 Reg. Sess., Ch. 54

§5C-1-10. Repealed. Acts, 1989 Reg. Sess., Ch. 54

§5C-1-11. Repealed. Acts, 1989 Reg. Sess., Ch. 54

§5C-1-12. Repealed. Acts, 1989 Reg. Sess., Ch. 54

§5C-1-13. Repealed. Acts, 1989 Reg. Sess., Ch. 54

§5C-1-14. Repealed. Acts, 1989 Reg. Sess., Ch. 54

§5C-1-15. Repealed. Acts, 1989 Reg. Sess., Ch. 54

§5C-1-16. Repealed. Acts, 1989 Reg. Sess., Ch. 54

§5C-1-17. Repealed. Acts, 1989 Reg. Sess., Ch. 54

§5C-1-18. Repealed. Acts, 1989 Reg. Sess., Ch. 54

§5C-1-19. Repealed. Acts, 1989 Reg. Sess., Ch. 54

§5C-1-20. Repealed. Acts, 1989 Reg. Sess., Ch. 54

§5C-1-21. Repealed. Acts, 1989 Reg. Sess., Ch. 54

§5C-1-22. Projects not to be considered public improvements.

CHAPTER 5C, ARTICLE 2. WEST VIRGINIA CLEAN COAL TECHNOLOGY ACT.

§5C-2-1. Legislative findings.

§5C-2-2. Definitions.

§5C-2-3. Creation and membership of the West Virginia clean coal technology council.

§5C-2-4. Administration.

§5C-2-5. Powers, duties, information and reports of council.

§5C-2-6. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 5D. PUBLIC ENERGY AUTHORITY ACT.

CHAPTER 5D, ARTICLE 1. PUBLIC ENERGY AUTHORITY OF THE STATE OF WEST VIRGINIA.

§5D-1-1. Short title.

§5D-1-2. Purpose and intent.

§5D-1-3. Definitions.

§5D-1-4. West Virginia Public Energy Authority continued; West Virginia Public Energy Board continued; organization of authority and board; appointment of board members; term, compensation and expenses; director of authority; appointment.

§5D-1-5. Powers, duties and responsibilities of authority generally; termination of certain powers.

§5D-1-5a. Publication of notice of certain meetings.

§5D-1-5b. Public hearing before final consideration of bond issue or exercise of right of eminent domain.

§5D-1-5c. Approval of decommissioning or deconstructing an existing power plant.

§5D-1-6. Authority may construct, finance, lease, sell, maintain, etc., electric power projects and transmission facilities.

§5D-1-7. Authority may construct, finance, maintain, etc., natural gas transmission projects and facilities.

§5D-1-8. Annual report to Governor and Legislature; audit.

§5D-1-9. Expenses of authority.

§5D-1-10. Use of funds by authority; restrictions.

§5D-1-11. Investment of funds by authority.

§5D-1-12. Maintenance, operation and repair of projects.

§5D-1-13. Bonds lawful investments.

§5D-1-14. Exemption from taxation.

§5D-1-15. Acquisition of property by authority -- Acquisition by purchase, lease or eminent domain; governmental agencies authorized to convey, etc., property; sale of property by authority.

§5D-1-16. Authority not public utility and not subject to full jurisdiction of Public Service Commission; authority subject to provisions concerning gas pipeline safety.

§5D-1-17. Transportation of gas from natural gas transportation projects by gas utility pipelines as common carriers.

§5D-1-18. Transportation fees and other revenues from natural gas transmission projects owned by the authority.

§5D-1-19. Financial interest in contracts prohibited; penalty.

§5D-1-20. Personal liability of members or persons acting on behalf of the authority.

§5D-1-21. Meetings and records of authority to be kept public.

§5D-1-22. Liberal construction of article.

§5D-1-23. Severability.

§5D-1-24. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 5E. VENTURE CAPITAL COMPANY.

CHAPTER 5E, ARTICLE 1. WEST VIRGINIA CAPITAL COMPANY ACT.

§5E-1-1. Short title.

§5E-1-2. Declaration of policy.

§5E-1-3. Purposes.

§5E-1-4. Definitions.

§5E-1-5. Rules.

§5E-1-6. Qualification of West Virginia capital companies.

§5E-1-7. Minimum standards of qualified West Virginia capital companies.

§5E-1-8. Tax credits.

§5E-1-9. Recaptures; unqualified investments.

§5E-1-10. Application requirements.

§5E-1-11. Disclaimer of liability of the state.

§5E-1-12. Qualified investments; liquidation or dissolution.

§5E-1-13. Restrictions on investment.

§5E-1-14. Conflict of interest.

§5E-1-15. Investment reporting and record keeping.

§5E-1-16. Examination.

§5E-1-17. Failure to comply.

§5E-1-18. Ruling procedure.

§5E-1-19. Effective date; transition rules.

§5E-1-20. Limitation on financial institutions.

§5E-1-21. Confidentiality.

§5E-1-22. Decertification of qualified capital companies other than small business investment companies.

§5E-1-23. Elimination of credit; effective date.

CHAPTER 5E, ARTICLE 2. WEST VIRGINIA VENTURE CAPITAL ACT.

§5E-2-1. Short title.

§5E-2-2. Definitions.

§5E-2-3. Rules.

§5E-2-4. Tax credits.

§5E-2-5. Elimination of credit; effective date.

CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT.

CHAPTER 5F, ARTICLE 1. GENERAL PROVISIONS.

§5F-1-1. Legislative findings and declarations.

§5F-1-2. Executive departments created; offices of secretary created.

§5F-1-3. Oath; bond; compensation.

§5F-1-3a. Executive compensation commission.

§5F-1-4. Definitions.

§5F-1-5. Online state phone directory.

§5F-1-6. House Bill 4006 amendments effective date.

§5F-1-7. Website content and required information.

CHAPTER 5F, ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS.

§5F-2-1. Transfer and incorporation of agencies and boards; funds.

§5F-2-1a. Termination of the department of health and human resources; transfer and incorporation of agencies and boards legislative intent; creation of new departments.

§5F-2-2. Power and authority of secretary of each department.

§5F-2-3. Administrators; appointment; oath; bond; compensation.

§5F-2-4. Transfer of records, property and personnel.

§5F-2-5. Independent appeal boards.

§5F-2-6. Reorganization of boards issuing or incurring debt.

§5F-2-7. Interdepartmental transfer of permanent state employees.

§5F-2-8. Special merit-based personnel system for Department of Transportation employees.

CHAPTER 5F, ARTICLE 3. FUTURE REORGANIZATION; SEVERABILITY.

§5F-3-1. Recommendations for further reorganization.

§5F-3-2. Operative dates.

§5F-3-3. Severability.

CHAPTER 5G. PROCUREMENT OF ARCHITECT-ENGINEER SERVICES BY STATE AND ITS SUBDIVISIONS.

CHAPTER 5G, ARTICLE 1. PROCUREMENT OF ARCHITECT-ENGINEER SERVICES.

§5G-1-1. Declaration of legislative policy.

§5G-1-2. Definitions.

§5G-1-3. Contracts for architectural and engineering services; selection process where total project costs are estimated to cost $250,000 or more.

§5G-1-4. Contracts for architectural and engineering services; selection process where total project costs are estimated to cost less than $250,000; division of highways procurements.

CHAPTER 5H. SURVIVOR BENEFITS.

CHAPTER 5H, ARTICLE 1. WEST VIRGINIA EMERGENCY RESPONDERS SURVIVOR BENEFIT ACT.

§5H-1-1. Title and legislative intent.

§5H-1-2. First responder survivor benefit.

§5H-1-3. Effective date.

CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.

CHAPTER 6, ARTICLE 1. OATHS OF OFFICE.

§6-1-1. Members of Congress.

§6-1-2. Members of State Legislature.

§6-1-3. Other officers.

§6-1-4. Before whom taken.

§6-1-5. When taken.

§6-1-6. Where certificates of oaths filed and recorded; destruction of originals.

§6-1-7. Acting before taking oath.

§6-1-8. List of county officers to be furnished Secretary of State.

CHAPTER 6, ARTICLE 2. OFFICIAL AND OTHER BONDS.

§6-2-1. When official bonds to be given.

§6-2-2. How bonds made payable and proved; sureties.

§6-2-3. Condition; liability.

§6-2-4. Failure to give bond; penalty for acting without giving bond.

§6-2-5. Bonds of officers appointed to fill vacancies.

§6-2-6. Bonds of certain state officers.

§6-2-7. Approval of form and execution by Attorney General.

§6-2-8. Bond of clerk of Supreme Court of Appeals.

§6-2-9. Where bonds of clerk and state officers filed and recorded.

§6-2-10. Bonds of county officers; required for deputy sheriffs.

§6-2-10a. Additional bonds of county clerks.

§6-2-11. Bonds of municipal officers.

§6-2-12. Where certain bonds filed and recorded.

§6-2-13. Copies to be sent to the State Tax Commissioner; penalty for failure to send.

§6-2-14. Requiring new or additional bonds; effect of failure to give.

§6-2-15. How surety released from liability; requiring substitute bond.

§6-2-16. Effect of new or additional bond.

§6-2-17. Suits on bonds payable to state brought in name of state.

§6-2-18. Proceedings must show for whose benefit prosecuted; costs.

§6-2-19. When bonds may be required of other officers and employees.

§6-2-19a. Oaths and bonds of employees and deputies of Tax Commissioner's office.

§6-2-20. Premiums to be allowed on official bonds.

§6-2-21. Bonds taken for persons in custody.

CHAPTER 6, ARTICLE 3. DEPUTY OFFICERS AND CONSERVATORS OF THE PEACE.

§6-3-1. Appointment of deputies and local conservators of the peace; powers and duties; compensation; vacating appointment of deputy sheriff; removal of conservators.

§6-3-1a. Deputy sheriff's reserve; purpose; appointment and qualifications of members; duties; equipment; attire; training; oath; bond; not employee of sheriff or county commission for certain purposes; limitation on liability.

§6-3-2. Removal of deputies.

§6-3-3. On death of principal, deputy to act; liability of principal's bond; removal and appointment of deputy; new or additional bond.

§6-3-4. Judgment on motion against officer or deputy and sureties.

§6-3-5. Judgment on motion by officer against deputy and sureties.

§6-3-6. Payment by officer or sureties of judgment for default of deputy; remedies.

§6-3-7. Jurisdiction of motion against deputy.

CHAPTER 6, ARTICLE 4. CREDENTIALS OF OFFICERS.

§6-4-1. United States senators, representatives, and presidential electors.

§6-4-2. United States senator appointed to fill vacancy.

§6-4-3. Judges and appointive officers.

§6-4-4. County and district officers and deputies.

CHAPTER 6, ARTICLE 5. TERMS OF OFFICE; MATTERS AFFECTING THE RIGHT TO HOLD OFFICE.

§6-5-1. When terms of office to begin.

§6-5-2. Continuance until successor qualified.

§6-5-2a. Appointments to state boards, agencies, commissions and committees affected by changes in congressional districts.

§6-5-3. Validity of acts of officers de facto.

§6-5-4. Residence of officers.

§6-5-5. Disqualification by conviction of treason, felony, or bribery.

§6-5-6. Disqualification by sale or farming of office or sharing of emoluments.

§6-5-7. Disqualification by duelling.

§6-5-8. Disqualification of justice who accepts office as deputy sheriff.

§6-5-9. Office property to be delivered to successor.

§6-5-10. Procedure on failure to deliver property to successor; penalty.

§6-5-11. Members of Legislature not to be discriminated against in connection with seniority rights; pension coverage or benefits or insurance coverage or benefits provided by employer.

§6-5-12. Leave of absence for public officials for performing public duties.

CHAPTER 6, ARTICLE 6. REMOVAL OF OFFICERS.

§6-6-1. Definitions.

§6-6-2. Retirement of incapacitated justices, judges and magistrates; expulsion of members of Legislature.

§6-6-3. Impeachment.

§6-6-4. Removal by Governor of appointee.

§6-6-5. Removal by Governor of state elective officer -- Grounds.

§6-6-6. Removal by Governor of state elective officer -- Procedure; appeal.

§6-6-7. Procedure for removal of county, school district and municipal officers having fixed terms; appeal; grounds; cost.

§6-6-8. Removal of appointive county, district or municipal officers without fixed terms.

§6-6-9. Forfeiture of office on conviction of offense.

CHAPTER 6, ARTICLE 7. COMPENSATION AND ALLOWANCES.

§6-7-1. State officials, officers and employees to be paid at least twice per month; new employees paid in arrears; effective date.

§6-7-2. Salaries of certain state officers.

§6-7-2a. Terms of certain appointive state officers; appointment; qualifications; powers and salaries of officers.

§6-7-3. Provision for clerical assistance, stationery, offices, traveling expenses and contingent fund.

§6-7-3a. How and by whom compensation of other officers, assistants and employees fixed.

§6-7-4. Repealed. Acts, 1973 Reg. Sess., Ch. 30

§6-7-5. Mileage and expenses of judges.

§6-7-6. Allowance to circuit judges for stationery, postage and stenographic help.

§6-7-7. No extra compensation; salaries not to be increased or diminished during term.

§6-7-8. Public carriage for state officials and employees and the university of West Virginia board of trustees and the board of directors of the state college system.

CHAPTER 6, ARTICLE 8. SETTLEMENTS BY OFFICERS.

§6-8-1. Settlements for public funds.

§6-8-2. Contents of settlement; exceptions; confirmation.

§6-8-3. Fine and forfeiture for failure to make settlement.

§6-8-4. Notice of settlement to chief inspector and supervisor of public offices.

§6-8-5. Sheriff as county treasurer; settlements; turning over money to successor.

§6-8-6. Reports and settlements of sheriff; penalties for false affidavit.

§6-8-7. Settlements by sheriff for school funds.

§6-8-8. Same -- With what sheriff to be charged.

§6-8-9. Same -- With what sheriff to be credited.

§6-8-10. Same -- Method of settlement.

§6-8-11. Settlements by sheriff for school funds -- Failure to account for and pay over money.

§6-8-12. Settlements by sheriff for school funds -- Failure of sheriff to make settlement; payment of balance to successor.

CHAPTER 6, ARTICLE 9. SUPERVISION OF LOCAL GOVERNMENT OFFICES.

§6-9-1. Tax commissioner to be chief inspector and supervisor; assistants, clerks and allowances.

§6-9-1a. Definitions.

§6-9-2. Uniform system of accounting and reporting for local governmental offices and agencies; form and uniform system for receipts; additional power and authority.

§6-9-2a. Local Government Purchasing Card Program.

§6-9-2b. Local Government Purchasing Card Expenditure Fund Created.

§6-9-2c. Fraudulent or unauthorized use of purchasing card prohibited; penalties.

§6-9-3. Separate accounts for different appropriations or funds, departments, undertakings, etc.; transfer of unexpended balances.

§6-9-4. Separate accounts for each public service industry; contents.

§6-9-5. Reports to and by chief inspector.

§6-9-6. Accounts and reports by local public officers remitting funds collected to proper officer.

§6-9-7. Examinations into affairs of local public offices; penalties.

§6-9-8. Payment of cost of services of chief inspector; revolving fund.

§6-9-8a. Audit cost amnesty program.

§6-9-9. Deputies of chief inspector.

§6-9-9a. Public inspection of reports of examinations.

§6-9-9b. Documentation of chief inspector.

§6-9-10. Statutory references to audits or examinations of state offices by Tax Commissioner or inspector or supervisor of public offices.

§6-9-11. Transfer of certain powers and duties of Tax Commissioner to State Auditor; rules; interagency agreement; report to Legislature.

§6-9-12. Business intern program.

CHAPTER 6, ARTICLE 9A. OPEN GOVERNMENTAL PROCEEDINGS.

§6-9A-1. Declaration of legislative policy.

§6-9A-2. Definitions.

§6-9A-3. Proceedings to be open; public notice of meetings.

§6-9A-4. Exceptions.

§6-9A-5. Minutes.

§6-9A-6. Enforcement by injunctions; actions in violation of article voidable; voidability of bond issues.

§6-9A-7. Violation of article; criminal penalties; attorney fees and expenses in civil actions.

§6-9A-8. Acting by reference; written ballots.

§6-9A-9. Broadcasting or recording meetings.

§6-9A-10. Open governmental meetings committee.

§6-9A-11. Request for advisory opinion; maintaining confidentiality.

§6-9A-12. Duty of Attorney General, Secretary of State, clerks of the county commissions and city clerks or recorders.

CHAPTER 6, ARTICLE 9B. OPEN GOVERNMENTAL FINANCES.

§6-9B-1. Legislative findings.

§6-9B-2. Definitions.

§6-9B-3. Searchable financial transparency website created.

§6-9B-4. Contents of the searchable website.

CHAPTER 6, ARTICLE 9C. UNIFORM PUBLIC MEETINGS DURING EMERGENCIES ACT.

§6-9C-1. Short title.

§6-9C-2. Definitions.

§6-9C-3. Virtual meetings.

§6-9C-4. Authorization for virtual meeting.

§6-9C-5. Conduct of virtual meeting.

§6-9C-6. Public observation.

§6-9C-7. Public participation.

§6-9C-8. Notice.

§6-9C-9. Procedural rules.

§6-9C-10. Electronic Signatures in Global and National Commerce Act.

CHAPTER 6, ARTICLE 10. EMPLOYMENT OF WIFE BY STATE OFFICIAL OR EMPLOYEE.

§6-10-1. Employment of wife at public expense prohibited.

CHAPTER 6, ARTICLE 11. LEAVE OF ABSENCE FOR PUBLIC OFFICERS ENTERING MILITARY SERVICE.

§6-11-1. Persons entitled to leave.

§6-11-2. Period of replacement appointment.

§6-11-3. Article not to affect terms or authorize compensation to persons not performing duties.

§6-11-4. Provisions of article retroactive.

CHAPTER 6, ARTICLE 11A. PREFERENCE RATING OF VETERANS ON WRITTEN EXAMINATIONS ON NONPARTISAN MERIT BASIS.

§6-11A-1. Repealed. Acts, 1945 Reg. Sess., Ch. 150

CHAPTER 6, ARTICLE 12. GENERAL LIABILITY, BODILY INJURY AND PROPERTY DAMAGE INSURANCE BY STATE AND LOCAL GOVERNMENTS.

§6-12-1. General liability insurance for proprietary functions; bodily injury and property damage motor vehicle insurance at public expense; contractors to provide like insurance.

§6-12-2. Policy may authorize action against insurance company with or without joining driver as defendant.

§6-12-3. Article not to create new right of action.

CHAPTER 6, ARTICLE 13. PREFERENCE RATING OF VETERANS ON WRITTEN EXAMINATION ON NONPARTISAN MERIT BASIS.

§6-13-1. Definitions.

§6-13-2. Preference rating categories for veterans; benefits to be granted on written examinations for positions in state departments filed under nonpartisan merit system; other benefits.

CHAPTER 6, ARTICLE 14. UNIFORM FACSIMILE SIGNATURES OF PUBLIC OFFICIALS ACT.

§6-14-1. Definitions.

§6-14-2. Facsimile signature; use; legal effect.

§6-14-3. Facsimile seal; use; legal effect.

§6-14-4. Use with intent to defraud; penalty.

§6-14-5. Construction.

§6-14-6. Citation.

§6-14-7. Severability provision.

§6-14-8. Inconsistent articles repealed.

CHAPTER 6A. EXECUTIVE AND JUDICIAL SUCCESSION.

CHAPTER 6A, ARTICLE 1. EXECUTIVE AND JUDICIAL SUCCESSION.

§6A-1-1. Short title.

§6A-1-2. Statement of policy.

§6A-1-3. Definitions.

§6A-1-4. Additional successors to office of Governor.

§6A-1-5. Emergency interim successors for state officers.

§6A-1-6. Enabling authority for emergency interim successors for local offices.

§6A-1-7. Emergency interim successors for local officers.

§6A-1-8. Special emergency judges.

§6A-1-9. Formalities of taking office.

§6A-1-10. Period in which authority may be exercised.

§6A-1-11. Removal of designees.

§6A-1-12. Disputes.

§6A-1-13. Separability.

CHAPTER 6B. PUBLIC OFFICERS AND EMPLOYEES; ETHICS; CONFLICTS OF INTEREST; FINANCIAL DISCLOSURE.

CHAPTER 6B, ARTICLE 1. SHORT TITLE; LEGISLATIVE FINDINGS, PURPOSES AND INTENT; CONSTRUCTION AND APPLICATION OF CHAPTER; SEVERABILITY.

§6B-1-1. Short title.

§6B-1-2. Legislative findings, purpose, declaration and intent.

§6B-1-3. Definitions.

§6B-1-4. Remedies and penalties in addition to other applicable remedies and penalties.

§6B-1-5. Severability.

§6B-1-6. Deposit of funds.

CHAPTER 6B, ARTICLE 2. WEST VIRGINIA ETHICS COMMISSION; POWERS AND DUTIES; DISCLOSURE OF FINANCIAL INTEREST BY PUBLIC OFFICIALS AND EMPLOYEES; APPEARANCES BEFORE PUBLIC AGENCIES; CODE OF CONDUCT FOR ADMINISTRATIVE LAW JUDGES.

§6B-2-1. West Virginia Ethics Commission created; members; appointment, term of office and oath; compensation and reimbursement for expenses; meetings and quorum.

§6B-2-2. General powers and duties.

§6B-2-2a. Probable Cause Review Board.

§6B-2-3. Advisory opinions; enforcement; applicability; legislative review; rule making.

§6B-2-3a. Complaints.

§6B-2-4. Processing complaints; dismissals; hearings; disposition; judicial review.

§6B-2-5. Ethical standards for elected and appointed officials and public employees.

§6B-2-5a. Code of conduct for state administrative law judges.

§6B-2-5b. Ethics training requirements.

§6B-2-5c Repealed. Acts, 2016 Reg. Sess., Ch. 113

§6B-2-6. Financial disclosure statement; filing requirements.

§6B-2-7. Financial disclosure statement; contents.

§6B-2-8. Exceptions to financial disclosure requirements and conflicts of interest provisions.

§6B-2-9. Special prosecutor authorized.

§6B-2-10. Violations and penalties.

§6B-2-11. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 6B, ARTICLE 2A. RULES.

§6B-2A-1. Legislative rules; revocation of existing commission emergency rules; manner of reporting.

CHAPTER 6B, ARTICLE 2B. LIMITATIONS ON A PUBLIC OFFICIAL FROM USING HIS OR HER NAME OR LIKENESS.

§6B-2B-1. Definitions.

§6B-2B-2. Limitations on a public official from using his or her name or likeness.

§6B-2B-3. Use of public official's name or likeness on agency website or social media.

§6B-2B-4. Exceptions to use of name or likeness.

§6B-2B-5. Existing items as of the effective date.

§6B-2B-6. Allowance for exemption.

CHAPTER 6B, ARTICLE 3. LOBBYISTS.

§6B-3-1. Definitions.

§6B-3-2. Registration of lobbyists.

§6B-3-3. Photograph and information-booklet-publication.

§6B-3-3a. Registration fees.

§6B-3-3b. Conflict of interest.

§6B-3-3c. Lobbyist training course.

§6B-3-4. Reporting by lobbyists.

§6B-3-5. Grass roots lobbying campaigns.

§6B-3-6. Employment of unregistered persons.

§6B-3-7. Duties of lobbyists.

§6B-3-8. Limitation on persons lobbying in legislative chambers.

§6B-3-9. Penalties.

§6B-3-10. Provisions may be adopted by local governments; disclosures by state agencies, municipalities, counties, and school districts relating to lobbying activities.

§6B-3-11. Compliance audits.

CHAPTER 6C. PUBLIC EMPLOYEES.

CHAPTER 6C, ARTICLE 1. WHISTLE-BLOWER LAW.

§6C-1-1. Short title.

§6C-1-2. Definitions.

§6C-1-3. Discriminatory and retaliatory actions against whistle-blowers prohibited; promotion, increased compensation protected.

§6C-1-4. Civil action by whistle-blower for violation; limitation on actions; burden of proof; defense; use of evidence in civil service proceeding; grievance action available; other rights and actions not limited.

§6C-1-5. Redress for whistle-blower.

§6C-1-6. Civil penalty; termination from public service.

§6C-1-7. Limitations on scope of construction; protections related to political activity and membership in organization of employee.

§6C-1-8. Notice to employees of protection of whistle-blowers.

CHAPTER 6C, ARTICLE 2. WEST VIRGINIA PUBLIC EMPLOYEES GRIEVANCE PROCEDURE.

§6C-2-1. Purpose.

§6C-2-2. Definitions.

§6C-2-3. Grievance procedure generally.

§6C-2-4. Grievance procedural levels.

§6C-2-5. Enforcement and appeal.

§6C-2-6. Allocation of expenses and attorney’s fees.

§6C-2-7. Mandamus proceeding.

§6C-2-8. Employee organizations may not be compelled to disclose certain communications; exceptions.

CHAPTER 6C, ARTICLE 3. WEST VIRGINIA PUBLIC EMPLOYEES GRIEVANCE BOARD.

§6C-3-1. West Virginia Public Employees Grievance Board.

§6C-3-2. Powers and duties of the board.

§6C-3-3. Data collection and reporting requirements.

§6C-3-4. Rule-making authority.

§6C-3-5. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§6C-3-6. Review of the grievance procedure.

CHAPTER 6C, ARTICLE 4. COMPENSATION TO STATE EMPLOYEES FOR TRAINING, EDUCATION AND PROFESSIONAL DEVELOPMENT.

§6C-4-1. Definitions.

§6C-4-2. Agreements to reimburse state agencies for training compensation paid to employees; rule-authority.

§6C-4-3. Exemptions.

CHAPTER 6D. PUBLIC CONTRACTS.

CHAPTER 6D, ARTICLE 1. DISCLOSURE OF INTERESTED PARTIES.

§6D-1-1. Definitions.

§6D-1-2. Disclosure of interested parties to a public contract; supplemental disclosure.

§6D-1-3. Filing with Ethics Commission.

§6D-1-4. Higher Education Compliance.

CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.

CHAPTER 7, ARTICLE 1. COUNTY COMMISSIONS GENERALLY.

§7-1-1. County commissions corporations; how constituted; election of president.

§7-1-1a. Requirements for reforming, altering, or modifying a county commission; alternative forms of county government.

§7-1-1b. Legislative findings; qualifications for county commissioners.

§7-1-2. Sessions.

§7-1-3. Jurisdiction, powers, and duties.

§7-1-3a. Construction of waterworks; sewers and sewage disposal plants; improvements of streets, alleys and sidewalks; assessment of cost of sanitary sewers, improved streets and maintenance of roads not in the state road system.

§7-1-3aa. Authority of county commissions to create and fund a hazardous material accident response program.

§7-1-3b. Purchase, installation and maintenance of radio mobile communication equipment and appliances for use by county sheriffs and their deputies.

§7-1-3bb. Levy for, establishment and operation of sheltered workshops; financial aid.

§7-1-3c. Purchase, installation and maintenance of photo copying equipment, microphotographic or other miniature photographic processes, appliances and supplies.

§7-1-3cc. Authority of county commissions to establish enhanced emergency telephone systems, technical and operational standards for emergency communications centers and standards for education and training of emergency communications systems personnel; standards for alarm systems; fee upon consumers of telephone service for the systems and for roadway conversion systems; authority to contract with the telephone companies for billing of fee.

§7-1-3d. Levy for, establishment, and operation of fire prevention units; financial aid.

§7-1-3dd. Authority to establish county wage and benefits review board; duties and powers; membership.

§7-1-3e. Acquisition of land for, and operation of, public refuse dumps and sanitary landfills.

§7-1-3ee. Providing for payment of service fees at banking institutions.

§7-1-3f. Establishment and operation of garbage and refuse collection and disposal services.

§7-1-3ff. Authority of county commission to regulate unsafe or unsanitary structures and refuse on private land; authority to establish an enforcement agency; county litter control officers; procedure for complaints; lien and sale of land to recover costs; entry on land to perform repairs and alterations or to satisfy lien; receipt of grants and subsidies.

§7-1-3g. Acquisition, operation, and maintenance of sewerage systems and sewage plants.

§7-1-3gg. Lease agreements for equipment or materials with option to cancel or renew.

§7-1-3h. Authority and procedure for closing unused roads, streets and travel ways; notice and hearing; circuit court review.

§7-1-3hh. Authority to lease, sell or dispose of county property to the state, federal government or an instrumentality thereof.

§7-1-3i. County commission may cooperate with other governmental units.

§7-1-3ii. Authority to require posting of commercial and residential addresses within municipal boundaries.

§7-1-3j. Authority to establish county coordinating council; powers and duties of council; duties of county clerk.

§7-1-3jj. Authority of counties to enact ordinances restricting the location of businesses offering exotic entertainment.

§7-1-3k. Authority to lease, rent or permit the use of county property.

§7-1-3kk. Authority to provide for the elimination of hazards to public health and safety; penalty.

§7-1-3l. Authority to establish county appraisal-assessment board; functions and duties of board; duties of assessor.

§7-1-3ll. Clerk of the county commission duties relating to record keeping of military discharge forms.

§7-1-3m. Authority to employ, fix compensation for and discharge personnel.

§7-1-3mm. Transfer of development rights in growth counties.

§7-1-3n. Authority of certain counties as to building and housing codes; state building code.

§7-1-3nn. Election on ordinance for program for transfer of development rights; form of ballots or ballot labels; procedure.

§7-1-3o. Authority to construct and maintain county transportation, parking, and other public facilities; delegation of such authority to board or commission; financing.

§7-1-3oo. Authority to enter into energy-savings contracts.

§7-1-3p. Authority to require permits for mobile homes or house trailers; penalty.

§7-1-3pp. Additional powers and duties of commission; areas of special or unique interest.

§7-1-3q. County commissions on intergovernmental relations created and established; composition of commission; powers and duties of commission; executive secretary; duties of executive secretary.

§7-1-3qq. Authorizing county commissions to hold motor vehicle racing events on public roads, municipal streets or airports.

§7-1-3r. Purposes of section; county commissions on crime, delinquency and correction created and established; composition of commission; powers and duties of commission; executive secretary; duties of executive secretary.

§7-1-3rr. Accessible county records; required information.

§7-1-3s. Authority to govern traffic and parking; rules and regulations; penalties.

§7-1-3ss. County option election on forbidding nonintoxicating beer, wine, or alcoholic liquors to be sold, given, or dispensed after 6:00 a.m. on Sundays.

§7-1-3t. Authority to make grants from General Revenue Funds and other funds for water and sewer systems.

§7-1-3tt. Restriction on the regulation of trades, occupations, and professions.

§7-1-3u. Authority of counties and municipalities to treat streams to prevent floods.

§7-1-3v. Floodplain and mudslide area management; legislative findings; power and authority; enforcement; provisions cumulative.

§7-1-3w. Authority to establish county beautification councils; organization; county commissions not obligated for debts of councils; powers and duties; expenditures of funds by councils; authority of county commissions to appropriate moneys.

§7-1-3x. County information referral service.

§7-1-3y. Authority to grant funds to nutrition programs.

§7-1-3z. Authority of counties to govern business of massage.

§7-1-4. County commission authority to enact ordinance; ordinance provisions defining terms; restricting certain activities in relation to obscene matter; and establishing penalties for violations.

§7-1-5. Duties of county commissioners; payment for services other than services in court.

§7-1-5a. Excusal of commissioner from voting where conflict of interest involved.

§7-1-6. Power to punish for contempts.

§7-1-7. Record books.

§7-1-8. Continuance of matters at end of session.

§7-1-9. Creation of special funds.

§7-1-10. Special account for federal and state grants-in-aid authorized.

§7-1-11. Purchasing in open market or competitive bids; debarment.

§7-1-12. Authority for establishing county curfews; jurisdiction for violations.

§7-1-13. Regulation of amateur radio antennas.

§7-1-14. Custody and care of animals abandoned, neglected or cruelly treated; animals causing public nuisance, health risk or safety hazard; authority of county commission.

§7-1-15. Challenge of candidate for county commission; residency.

§7-1-16. Reporting of fraud and misappropriation of funds.

CHAPTER 7, ARTICLE 2. COUNTY AND DISTRICT BOUNDARIES; CHANGE OF COUNTY SEAT AND NAMES OF UNINCORPORATED TOWNS AND OF DISTRICTS.

§7-2-1. Disputed county boundary lines; jurisdiction of circuit court; review.

§7-2-2. Magisterial districts; boundary lines.

§7-2-3. Relocation of county seat.

§7-2-4. Change of name of unincorporated town or of district; petition; notice.

§7-2-5. Order changing name; recordation; costs.

§7-2-6. Establishment of county boundary lines; filing of maps; changes.

§7-2-7. Establishment of tax district boundary lines.

§7-2-8. License required for county surveyor.

CHAPTER 7, ARTICLE 3. COUNTY PROPERTY.

§7-3-1. Conveyances or devises to county.

§7-3-2. Courthouse, jail and offices.

§7-3-2a. County commissions to purchase and display flags.

§7-3-3. Sale of county or district property.

§7-3-3a. Sale of county or district property; local option election; petition, election procedure; form of ballot; effect of such election.

§7-3-4. Leasing of county lands for oil, gas or minerals.

§7-3-5. County commissions authorized to acquire and convey real estate and contract for construction, etc., and rental of courthouse, jail or other public building.

§7-3-6. Annual levy for rentals.

§7-3-7. Bonds for cost of real estate and public buildings.

§7-3-7a. Bonds for construction or renovation of county jail or regional correctional center.

§7-3-8. Creation and enforcement of lien of bondholders.

§7-3-9. Form and payment of bonds; use of proceeds of bonds.

§7-3-10. Limitation on character of debt incurred.

§7-3-11. Powers conferred are additional.

§7-3-12. Liberally construed.

§7-3-13. Limitation on amount of debt; increase of levies.

§7-3-14. Authority to acquire and operate hospitals, clinics, long-term care facilities and other related facilities; financing.

§7-3-14a. "Hospital," "clinic" and "long-term care facility" defined.

§7-3-15. Board of trustees for hospital, clinic or long-term care facility.

§7-3-15a. Transfer of moneys; treasurer for county hospitals; bonding of treasurer; approval of bank accounts; authority to invest.

§7-3-16. Operation with bonds outstanding.

§7-3-17. Construction.

§7-3-18. Insuring of moneys collected by county officers.

§7-3-19. Dedication to or naming county property for office holder prohibited.

CHAPTER 7, ARTICLE 4. PROSECUTING ATTORNEY, REWARDS AND LEGAL ADVICE.

§7-4-1. Duties of prosecuting attorney; further duties upon request of Attorney General.

§7-4-1a. Eligibility of prosecuting attorneys.

§7-4-2. Rewards for apprehension of persons charged with crime and expenditure of money for detection of crime; appointment of investigators of crime.

§7-4-3. Employment of counsel for civil matters; compensation of counsel.

§7-4-4. Prosecutor's advisory council; victim advocates; participation in multidisciplinary planning process.

§7-4-5. Multidisciplinary investigative teams.

§7-4-6. West Virginia Prosecuting Attorneys Institute.

§7-4-6a. Repealed. Acts, 2009 Reg. Sess., Ch. 178.

CHAPTER 7, ARTICLE 5. FISCAL AFFAIRS.

§7-5-1. Sheriff ex officio county treasurer.

§7-5-2. Accounts by clerk of county court.

§7-5-2a. Credit cards as form of payment.

§7-5-3. Claims against county.

§7-5-4. Payment of money out of county treasury; signing of orders by mechanical or electrical devices; forgery; penalty.

§7-5-5. Issuance of county orders.

§7-5-6. Form of orders.

§7-5-7. Payment of legitimate uncontested invoices; interest on late payments; "Prompt Pay Act of 1995."

§7-5-7a. Authorization for Purchase Card utilization.

§7-5-8. Demand before suit.

§7-5-9. Exemption of county property from execution; enforcing payment of order or judgment.

§7-5-10. County orders receivable for taxes and fees.

§7-5-11. Discounting or purchasing orders.

§7-5-12. Refusal to pay orders.

§7-5-13. Failure to account for taxes or moneys.

§7-5-14. Vacancy in office of sheriff; collection of taxes and fee bills by successor.

§7-5-15. Annual statement of sheriff of fines and costs received from magistrates; payment into State Treasury.

§7-5-16. Preparation, publication and disposition of financial statements.

§7-5-17. Authority of county officials or employees to become members of voluntary associations.

§7-5-17a. Triennial audits by certain associations and organizations receiving county funds.

§7-5-18. Membership and participation in area development corporations.

§7-5-19. Liability insurance for county officers and employees.

§7-5-20. Group insurance programs authorized.

§7-5-21. Annual and sick leave for county employees.

§7-5-22. County solid waste assessment fees authorized.

§7-5-23. Voluntary direct deposits by county treasurer of salaries of employees to banks or other financial institutions.

§7-5-24. Sheriff may commence civil action without paying fees and costs; fees and costs recoverable from defendants after completion of litigation.

§7-5-25. Prohibition against certain deductions and assignments of earnings from compensation of county officers or employees.

CHAPTER 7, ARTICLE 5A. LOANS FROM GOVERNMENTAL AGENCIES TO LIQUIDATE CERTAIN INDEBTEDNESS.

§7-5A-1. Loans authorized.

§7-5A-2. Liquidating fund of county indebtedness.

§7-5A-3. Notice requiring presentation of outstanding claims.

§7-5A-4. Time for presentation of unpaid claims; payment by drafts; balance deposited in sinking fund.

§7-5A-5. Creation of sinking fund; loan may be repaid after five years.

CHAPTER 7, ARTICLE 5B. FUNDS FOR FIRE PROTECTION.

§7-5B-1. Funds for use of fire protection in counties with excess levy or dedicated fee.

§7-5B-2. Funds for use of fire protection in counties.

CHAPTER 7, ARTICLE 6. COUNTY DEPOSITORIES.

§7-6-1. Designation of depositories.

§7-6-2. Bond of depositories.

§7-6-2a. Dealer recovery fund created.

§7-6-3. Additional security; failure of depository to comply with article; removal of moneys; cessation of business.

§7-6-4. Deposit and disbursement of moneys by sheriff.

§7-6-5. Interest on deposits.

§7-6-5a. County treasurer authorized to make funds available to state investments; allocation of income.

§7-6-6. Monthly statement of amount of deposits.

§7-6-7. Account of deposits and disbursements.

§7-6-8. Meaning of "public moneys."

§7-6-9. Liability of sheriff for violation of depository law.

CHAPTER 7, ARTICLE 7. COMPENSATION OF ELECTED COUNTY OFFICIALS.

§7-7-1. Legislative findings and purpose.

§7-7-2. Establishment of county in-service training programs; further additional duties for prosecuting attorney in any county in excess of 200,000.

§7-7-3. Classification of counties for purpose of determining compensation of elected county officials.

§7-7-4. Compensation of elected county officials and county commissioners for each class of county; effective date.

§7-7-4a. Authorizing the option of full-time status for part-time prosecuting attorneys.

§7-7-5. Repealed. Acts, 1996 Reg. Sess., Ch. 96.

§7-7-6. Repealed. Acts, 1996 Reg. Sess., Ch. 96.

§7-7-6a. assessors; additional compensation; additional duties.

§7-7-6b. Additional compensation of assessors according to county classification.

§7-7-6c. Additional compensation of assessor.

§7-7-6d. Collection of head tax on dogs; duties of assessor and sheriff; registration of dogs; disposition of head tax; taxes on dogs not collected by assessor.

§7-7-6e. Collection of head tax on sheep and goats; duties of county assessors and Commissioner of Agriculture; deposit of tax collections; creation of special revenue fund; purposes.

§7-7-7. County assistants, deputies and employees; their number and compensation; county budget.

§7-7-7a. Limit of budget expenditures.

§7-7-8. Assistant prosecuting attorneys; appointment and compensation; when court may appoint attorney to prosecute.

§7-7-9. Procedure for payment of compensation.

§7-7-10. Repealed. Acts, 2004 Reg. Sess., Ch. 57.

§7-7-11. Illegal orders for compensation.

§7-7-12. Sharing compensation prohibited.

§7-7-12a. Repealed. Acts, 1971 Reg. Sess., Ch. 23.

§7-7-13. Allowance for expenses of sheriff.

§7-7-14. Training of sheriffs and deputies; payment of expenses thereof by county commission.

§7-7-14a. Personal body armor to be provided to deputy sheriffs; standards; payment of expenses thereof by county commission.

§7-7-15. Allowance for expenses of prosecuting attorney.

§7-7-16. Mileage allowance for county officials and employees.

§7-7-16a. Motor vehicles owned by the county.

§7-7-17. Repealed. Acts, 2008 Reg. Sess., Ch 32.

§7-7-18. Repealed. Acts, 1975 Reg. Sess., Ch. 126.

§7-7-19. Compliance with Economic Stabilization Act of 1970.

§7-7-20. Penalties.

§7-7-21. Severability.

§7-7-22. Direct deposit of county officials' and employees' compensation into designated accounts in financial institutions.

§7-7-23. Awarding service pistol upon retirement.

CHAPTER 7, ARTICLE 8. JAIL AND JAILER.

§7-8-1. Jail to be provided; temporary jail; compensation by county for use of city jail.

§7-8-2. Sheriff to be keeper of jail; appointment of jailer; care of jail; authorizing county commissions and municipalities to seek reimbursement of medical care and certain clothing provided by county jails.

§7-8-2a. Feeding and care of prisoners; purchase of food and supplies; contract for feeding of prisoners; records; inspection by health officer; payment of costs.

§7-8-3. Repealed. Acts, 2005 Reg. Sess., Ch. 146.

§7-8-4. Jailer to attend court; prisoners to be received in jail.

§7-8-5. Keeper of temporary jail.

§7-8-6. Guard for prisoners.

§7-8-7. Jail physician; clothing for indigent prisoners.

§7-8-8. Federal prisoners.

§7-8-9. Prisoners under civil process.

§7-8-10. Persons privileged from arrest under civil process.

§7-8-11. Deduction from sentence for good conduct.

§7-8-12. Establishment, operation and maintenance of county work farms.

§7-8-13. Repealed. Acts, 2007 Reg. Sess., Ch. 54.

§7-8-14. Reimbursement for costs of incarceration.

CHAPTER 7, ARTICLE 9. COUNTY AND CITY WORKHOUSES.

§7-9-1. Establishment.

§7-9-2. Board of directors.

§7-9-3. Appointment of directors.

§7-9-4. Officers.

§7-9-5. Contracts.

§7-9-6. Employees.

§7-9-7. Regulations.

§7-9-8. Records.

§7-9-9. Quarterly financial statements.

§7-9-10. Accounts and reports.

§7-9-11. Superintendent.

§7-9-12. Inspection and supervision.

§7-9-13. Deputy superintendent.

§7-9-14. Removal of officers.

§7-9-15. Costs of maintenance.

§7-9-16. Commitments.

§7-9-17. Inmates from other counties and cities.

§7-9-18. Inmates from cities.

§7-9-19. Sentence to workhouse.

§7-9-20. Procedure after sentence.

§7-9-21. Payment of fine.

§7-9-22. Enlargement of buildings.

§7-9-23. Fees of officers.

§7-9-24. Parole.

CHAPTER 7, ARTICLE 10. HUMANE OFFICERS.

§7-10-1. Deputy sheriffs as humane officers.

§7-10-2. Duty of humane officers; reporting requirement when abuse or neglect of individuals suspected; prohibition against interference with humane officers; penalties.

§7-10-3. Cruel treatment of animal drawing or in vehicle; custody and care thereof by humane officers.

§7-10-4. Custody and care of animals abandoned, neglected or cruelly treated; hearing; bonds; liability for costs; liens; exclusions.

§7-10-4a. Reporting of animals abandoned, neglected or cruelly treated; enforcement.

§7-10-5. Destruction of animals.

CHAPTER 7, ARTICLE 11. COUNTY PARKS AND RECREATION COMMISSIONS.

§7-11-1. County courts authorized to create a county parks and recreation commission.

§7-11-2. Commission a body corporate; perpetual existence; name; power and authority; authority of county commission; indebtedness of commission; agreements; tax exemption.

§7-11-2a. Authority to lease property for educational instruction in fire prevention and protection.

§7-11-3. Number of members; quorum; qualifications; appointment; term; disqualifications.

§7-11-4. Oath of members; officers; location of office; personnel.

§7-11-5. General powers of commission; rules; misdemeanor offenses; park police authorized.

§7-11-6. Severability.

CHAPTER 7, ARTICLE 11A. MUSEUM COMMISSIONS.

§7-11A-1. County commission or municipality may establish museum commission; cooperation; appointments.

§7-11A-2. Provisions of order or ordinance creating commission.

§7-11A-3. Commission empowered to employ personnel and charge admission fees.

§7-11A-4. County commission or municipality may contribute money to commission; commission may receive gifts, etc.

§7-11A-5. County, city and state agencies shall assist commission.

§7-11A-6. Commission must cooperate and coordinate activities with state agencies.

CHAPTER 7, ARTICLE 11B. WEST VIRGINIA TAX INCREMENT FINANCING ACT.

§7-11B-1. Short title.

§7-11B-2. Findings and legislative purpose.

§7-11B-3. Definitions.

§7-11B-4. Powers generally.

§7-11B-5. Powers supplemental.

§7-11B-6. Application for development or redevelopment plan.

§7-11B-7. Creation of a development or redevelopment area or district.

§7-11B-8. Project plan — approval.

§7-11B-9. Project plan – amendment.

§7-11B-10. Termination of development or redevelopment district.

§7-11B-11. Costs of formation of development or redevelopment district.

§7-11B-12. Overlapping districts prohibited,

§7-11B-13. Conflicts of interest; required disclosures and abstention.

§7-11B-14. Projects financed by tax increment financing considered to be public improvements subject to prevailing wage, local labor preference and competitive bid requirements.

§7-11B-15. Reports by county commissions and municipalities, contents, and publication; procedure to determine progress of project; reports by Development Office, content of reports; rule-making authority; Development Office to provide manual and assistance.

§7-11B-16. Valuation of real property.

§7-11B-17. Division of ad valorem real property tax revenue.

§7-11B-18. Payments in lieu of taxes and other revenues.

§7-11B-19. Tax increment obligations generally.

§7-11B-20. Tax increment financing obligations -- authority to issue.

§7-11B-21. Tax increment financing obligations -- authorizing order or ordinance.

§7-11B-22. Tax increment financing obligations — terms, conditions.

§7-11B-23. Tax increment financing obligations -- security -- marketability.

§7-11B-24. Tax increment financing obligations -- special fund for repayment.

§7-11B-25. Tax increment financing obligations - Tax exemption.

§7-11B-26. Excess funds.

§7-11B-27. Computation of local share for support of public schools when tax increment financing is used.

§7-11B-28. Effective date.

§7-11B-29. Joint development or redevelopment districts.

§7-11B-30. Application by Division of Highways.

CHAPTER 7, ARTICLE 12. COUNTY AND MUNICIPAL DEVELOPMENT AUTHORITIES.

§7-12-1. Establishment authorized; name; exceptions.

§7-12-2. Purposes.

§7-12-3. Management and control of county authority vested in board; appointment and terms of members; vacancies; removal of members.

§7-12-3a. Management and control of municipal authority vested in board; appointment and terms of members; vacancies; removal of members.

§7-12-4. Qualifications of members.

§7-12-5. Compensation of members; expenses; recusal of member from voting where conflict of interest involved.

§7-12-6. Authority to be a public corporation.

§7-12-7. Powers generally.

§7-12-7a. Findings respecting necessity for exercise of right of eminent domain; authorization to exercise right of eminent domain.

§7-12-8. Incurring indebtedness; rights of creditors.

§7-12-9. Agreements in connection with obtaining funds.

§7-12-9a. Joint undertakings by municipal and county development authorities.

§7-12-9b. Joint development entities.

§7-12-10. Property, bonds and obligations of authority exempt from taxation.

§7-12-11. Participation and appropriations authorized; transfers and conveyances of property.

§7-12-12. Contributions by county commissions, municipalities and others; funds and accounts; reports; audit and examination of books, records and accounts.

§7-12-13. Sale or lease of property; reversion of assets upon dissolution.

§7-12-14. Employees to be covered by workers' compensation.

§7-12-15. Liberal construction of article.

§7-12-16. Provisions severable.

CHAPTER 7, ARTICLE 12A. MAINTENANCE ASSOCIATIONS.

§7-12A-1. Definitions.

§7-12A-2. Purpose of the maintenance association.

§7-12A-3. Petition to establish maintenance association.

§7-12A-4. Contents of maintenance association document; approval of recording of maintenance association documents.

§7-12A-5. Powers of maintenance associations.

§7-12A-6. Assessment and collection of fees; notice.

CHAPTER 7, ARTICLE 13. ECONOMIC OPPORTUNITY PROGRAMS.

§7-13-1. Community action program organizations.

§7-13-2. Recognition.

§7-13-3. Repealed. Acts, 1986 Reg. Sess., Ch. 153.

§7-13-4. Eligibility.

§7-13-5. Area encompassed in program.

§7-13-6. Membership and participation in community action program organizations.

§7-13-6a. Community action agencies.

§7-13-7. Status of community action program organizations.

§7-13-8. Contributions by county courts, county boards of education and municipal governments.

§7-13-9. Accountability of funds.

§7-13-10. Employees covered by workers' compensation.

§7-13-11. Volunteers in Service to America.

§7-13-12. Severability.

§7-13-13. Liberal construction of article.

§7-13-14. Amendment of federal act.

CHAPTER 7, ARTICLE 14. CIVIL SERVICE FOR DEPUTY SHERIFFS.

§7-14-1. Appointments and promotions of deputy sheriffs.

§7-14-2. Definitions; population.

§7-14-3. Civil service commission.

§7-14-4. Clerk of the commission.

§7-14-5. Office and supplies for commission; appropriations required.

§7-14-6. Powers and duties of commission.

§7-14-7. Rules and regulations of commission; notice and distribution thereof; probationary period for appointees.

§7-14-8. Form of application; age requirements; exceptions.

§7-14-9. Character and notice of competitive examinations; qualifications of applicants; competitive examinations to be prescribed by state civil service commission; press representatives; posting eligible list; medical examinations; exceptions as to and training of deputies serving on effective date of article.

§7-14-10. Refusal to examine or certify; review thereof.

§7-14-11. Appointments from eligible list.

§7-14-12. Noncompetitive examination for filling vacancy; provisional appointment.

§7-14-13. Vacancies filled by promotions; eligibility for promotion; rights of chief deputy.

§7-14-14. No inquiry shall be made concerning political or religious opinions or affiliations of applicants, etc.

§7-14-15. Political activities of members prohibited; exceptions.

§7-14-15a. Additional part-time police work permitted.

§7-14-16. Training and retraining programs for all deputies required.

§7-14-17. Removal, discharge, suspension or reduction in rank or pay; hearing; attorney fees; appeal; reduction in force; mandatory retirement age.

§7-14-17a. Vacations for deputy sheriffs.

§7-14-17b. Sick leave for deputy sheriffs.

§7-14-17c. Annual monetary supplement.

§7-14-17d. Right to receive complete standard uniform; and right to acquire badge.

§7-14-17e. Deputy sheriffs who are required to work during holidays; how compensated.

§7-14-18. Offenses and penalties.

§7-14-19. Repealed. Acts, 1991 Reg. Sess., Ch. 44.

§7-14-19a. Additional police work for deputy sheriffs in noncivil service counties.

§7-14-20. Inconsistent acts repealed; once established civil service remains mandatory.

§7-14-21. Severability.

CHAPTER 7, ARTICLE 14A. DEPUTY SHERIFFS' TORT LIABILITY.

§7-14A-1. Short title.

§7-14A-2. Definitions.

§7-14A-3. County commission to purchase professional liability insurance; limits; additional insurance authorized; contribution from deputies.

§7-14A-4. Liability of sheriff, county and county commission limited.

CHAPTER 7, ARTICLE 14B. CIVIL SERVICE FOR CORRECTIONAL OFFICERS.

§7-14B-1. Appointments and promotions of correctional officers.

§7-14B-2. Definitions; population.

§7-14B-3. Civil service commission.

§7-14B-4. Clerk of commission.

§7-14B-5. Office and supplies for commission; appropriations required.

§7-14B-6. Powers and duties of commission.

§7-14B-7. Rules and regulations of commission; notice and distribution thereof; probationary period for appointees.

§7-14B-8. Form of application; age requirements; exceptions.

§7-14B-9. Character and notice of competitive examinations; qualifications of applicants; competitive examinations to be prescribed by state civil service commission; press representatives; posting eligible list; medical examinations; exceptions as to and training of correctional officers serving on effective date of article.

§7-14B-10. Refusal to examine or certify; review thereof.

§7-14B-11. Appointments from eligible list.

§7-14B-12. Noncompetitive examination for filling vacancy; provisional appointment.

§7-14B-13. Vacancies filled by promotions; eligibility for promotion.

§7-14B-14. No inquiry shall be made concerning political or religious opinions or affiliations of applicants, etc.

§7-14B-15. Political activity of correctional officers prohibited; petition for vacating appointment; action on petition; appeal.

§7-14B-16. Training and retraining programs for all correctional officers required.

§7-14B-17. Removal, discharge, suspension or reduction in rank or pay; appeal; reduction in force; mandatory retirement age.

§7-14B-18. Vacations for correctional officers.

§7-14B-18a. Correctional officers who are required to work during holidays; how compensated.

§7-14B-19. Sick leave.

§7-14B-20. Offenses and penalties.

§7-14B-21. County commission of counties with a population of less than 25,000 may place correctional officers under civil service; protest and election with respect thereto.

§7-14B-22. Inconsistent acts repealed; once established civil service remains mandatory.

§7-14B-23. Severability.

CHAPTER 7, ARTICLE 14C. DEPUTY SHERIFFS; PROCEDURE FOR INVESTIGATION.

§7-14C-1. Definitions.

§7-14C-2. Investigation and interrogation of a deputy sheriff.

§7-14C-3. Hearing.

§7-14C-4. Right to refuse to disclose personal finances; exceptions.

§7-14C-5. Appeal.

CHAPTER 7, ARTICLE 14D. DEPUTY SHERIFF RETIREMENT SYSTEM ACT.

§7-14D-1. Short title.

§7-14D-2. Definitions.

§7-14D-2a. Meaning of terms.

§7-14D-3. Creation and administration of West Virginia Deputy Sheriffs Retirement System; specification of actuarial assumptions.

§7-14D-4. Article to be liberally construed; supplements federal social security; federal qualification requirements.

§7-14D-5. Members.

§7-14D-6. Creation of fund; investments.

§7-14D-7. Members’ contributions; employer contributions.

§7-14D-7a. Correction of errors; underpayments; overpayments.

§7-14D-8. Transfer from Public Employees Retirement System.

§7-14D-8a. Notice requirements; test case.

§7-14D-9. Retirement; commencement of benefits.

§7-14D-9a. Federal law maximum benefit limitations.

§7-14D-9b. Federal law minimum required distributions.

§7-14D-9c. Direct rollovers.

§7-14D-9d. Rollovers and transfers to purchase service credit or repay withdrawn contributions.

§7-14D-10. Retirement credited service through member's use, as option, of accrued annual or sick leave days.

§7-14D-11. Retirement benefits.

§7-14D-12. Annuity options.

§7-14D-13. Refunds to certain members upon discharge or resignation; deferred retirement; preretirement death; forfeitures.

§7-14D-14. Awards and benefits for disability – duty related.

§7-14D-15. Same – Due to other causes.

§7-14D-16. Awards and benefits for disability -- Physical examinations; termination of disability.

§7-14D-17. Prior disability.

§7-14D-18. Awards and benefits to surviving spouse – When member dies in performance of duty, etc.

§7-14D-19. Awards and benefits to surviving spouse – when member dies from nonservice-connected causes.

§7-14D-20. Additional death benefits and scholarships - dependent children.

§7-14D-21. Burial benefit.

§7-14D-22. Double death benefits prohibited.

§7-14D-23. Loans to members.

§7-14D-24. Service as sheriff.

§7-14D-24a. Return to covered employment by retired member.

§7-14D-25. Exemption from taxation, garnishment and other process; exception for certain qualified domestic relations orders.

§7-14D-26. Fraud; penalties; and repayment.

§7-14D-27. Credit toward retirement for member's prior military service; credit toward retirement when member has joined Armed Forces in time of armed conflict; qualified military service.

§7-14D-28. Pro rata reduction of annuities.

§7-14D-29. Effective date; report to joint committee on government and finance; special starting date for benefits.

§7-14D-30. Limitation of county liability.

§7-14D-31. Benefits not forfeited if system terminates.

§7-14D-32. Severability.

CHAPTER 7, ARTICLE 14E. ESTABLISHMENT OF CERTAIN FEES; DEDICATION OF FEE TO DEPUTY SHERIFF'S RETIREMENT SYSTEM.

§7-14E-1. Legislative findings and purpose.

§7-14E-2. Statewide uniform fees for reports generated by sheriff's offices; dedication of fees.

CHAPTER 7, ARTICLE 15. EMERGENCY AMBULANCE SERVICE ACT OF 1975.

§7-15-1. Short title.

§7-15-2. Legislative findings and declaration of policy.

§7-15-3. Definitions.

§7-15-4. Duty of county commissions to provide emergency ambulance service; emergency ambulance service authorities authorized; authorities to be public corporations.

§7-15-5. Management of authority vested in board; eligibility, appointment, number and term of members; vote of members; vacancies.

§7-15-6. Compensation of members; expenses.

§7-15-7. Meetings of authority; officers; employees; official bonds; records of authority public records.

§7-15-8. Quorum; majority vote required.

§7-15-9. Budget.

§7-15-10. Powers and duties of authorities generally.

§7-15-11. Contributions to authorities; funds and accounts of authorities; reports; audit by State Tax Department.

§7-15-12. Emergency ambulance service not regulated by Public Service Commission.

§7-15-13. Exemption from taxation.

§7-15-14. Indebtedness of authorities.

§7-15-15. Conflict of interest.

§7-15-16. Competitive bids; publication of solicitation for sealed bids.

§7-15-17. Imposition and collection of special emergency ambulance service fee by county commission.

§7-15-18. Article constitutes complete authority; liberal construction; severability.

CHAPTER 7, ARTICLE 16. COUNTY SOLID WASTE AUTHORITIES.

§7-16-1. Establishment of authorities authorized.

§7-16-2. Purposes.

§7-16-3. Management and control vested in authority; appointment and terms of members; vacancies; removal of members; meetings; quorum; compensation.

§7-16-4. Authority to be a public corporation; name; power to contract and sue; seal.

§7-16-5. Powers, duties and responsibilities of authority generally.

§7-16-6. Employees to be covered by workers' compensation.

§7-16-7. Liberal construction of article; provisions not in derogation of other powers.

§7-16-8. Provisions severable.

§7-16-9. Expiration of authority.

CHAPTER 7, ARTICLE 17. COUNTY FIRE BOARDS.

§7-17-1. Findings.

§7-17-2. Definitions.

§7-17-3. County fire association creation; prohibiting entrance by a municipality maintaining a full time paid fire department.

§7-17-4. Management and control vested in the county fire association; appointment.

§7-17-5. Sale or lease of property; reversion of assets upon dissolution.

§7-17-6. County fire board creation and management; membership; terms of members; vacancies.

§7-17-7. Resident requirement of county fire board members; municipality location.

§7-17-8. Compensation; expenses.

§7-17-9. Board to be a public corporation.

§7-17-10. Powers generally.

§7-17-11. Limitations.

§7-17-12. County fire service fees; petition; election; dedication; and amendment.

§7-17-13. Incurring indebtedness; rights of creditors.

§7-17-14. Agreements in connection with obtaining funds.

§7-17-15. Property, bonds and obligations of authority exempt from taxation.

§7-17-16. Appropriations authorized.

§7-17-17. Contributions by county commissions, municipalities and others; funds and accounts; reports; audit and examination of books, records and accounts and penalties.

§7-17-18. Sale or lease of property; reversion of assets upon dissolution.

§7-17-19. Employees to be covered by workers' compensation.

§7-17-20. Liberal construction of article.

CHAPTER 7, ARTICLE 18. HOTEL OCCUPANCY TAX.

§7-18-1. Hotel occupancy tax.

§7-18-2. Rate of tax.

§7-18-3. Definitions.

§7-18-4. Consumer to pay tax; collection of tax by marketplace facilitators; hotel, hotel operator, or marketplace facilitator not to represent that it will absorb tax; accounting by hotel and marketplace facilitators.

§7-18-5. Occupancy billed to government agencies or employees.

§7-18-6. Collection of tax when sale on credit.

§7-18-7. Receivership bankruptcy; priority of tax.

§7-18-8. Failure to collect or remit tax; liability of hotel operator.

§7-18-9. Total amount collected to be remitted.

§7-18-10. Tax return and payment.

§7-18-11. Keeping and preserving of records.

§7-18-12. Liability of officers.

§7-18-13. General procedure and administration.

§7-18-13a. Annual reports by convention and visitor’s bureaus; eligibility for hotel occupancy tax proceeds.

§7-18-14. Proceeds of tax; application of proceeds.

§7-18-15. Criminal penalties.

CHAPTER 7, ARTICLE 19. COUNTY LINKED DEPOSIT PROGRAM.

§7-19-1. Definitions.

§7-19-2. Legislative findings.

§7-19-3. Authority to invest; limitations on investment in linked deposits; loan cap.

§7-19-4. Applications for loan; priorities; loan package.

§7-19-5. Acceptance or rejection of loan package; deposit agreement.

§7-19-6. Rate of loan; certification and monitoring of compliance; reports.

§7-19-7. Liability of the county commission or its agent.

§7-19-8. Penalties for violation of article.

CHAPTER 7, ARTICLE 20. FEES AND EXPENDITURES FOR COUNTY DEVELOPMENT.

§7-20-1. Short title.

§7-20-2. Purpose and findings.

§7-20-3. Definitions.

§7-20-4. Counties authorized to collect fees.

§7-20-5. Credits or offsets to be adjusted; incidental benefit by one development not construed as denying reasonable benefit to new development.

§7-20-6. Criteria and requirements necessary to implement collection of fees.

§7-20-7. Establishment of impact fees; levies may be used to fund existing capital improvements.

§7-20-7a. Impact fees for affordable housing.

§7-20-8. Use and administration of impact fees.

§7-20-9. Refund of unexpended impact fees.

§7-20-10. Impact fees required to be consistent with other development regulations.

§7-20-11. Additional powers.

§7-20-12. Countywide service fees.

§7-20-13. Bonds issued to finance infrastructure project.

§7-20-14. Use of proceeds from sale of bonds.

§7-20-15. No contribution by county.

§7-20-16. Bonds made legal investments.

§7-20-17. Construction of article.

§7-20-18. No notice, consent or publication required.

§7-20-19. Public officials exempt from personal liability.

§7-20-20. Cooperation by public bodies.

§7-20-21. Relocation of public utility lines or facilities to accommodate special infrastructure project.

§7-20-22. Special infrastructure projects financed by service fee considered to be public improvements subject to prevailing wage, local labor preference and competitive bid requirements.

§7-20-23. Excess funds; termination of service fee.

§7-20-24. Severability.

CHAPTER 7, ARTICLE 21. COUNTY FINANCIAL STABILIZATION FUND ACT.

§7-21-1. Short title.

§7-21-2. Findings and declarations.

§7-21-3. Budget stabilization fund; creation; appropriation investments.

§7-21-4. Fund investment; usage.

CHAPTER 7, ARTICLE 22. COUNTY ECONOMIC OPPORTUNITY DEVELOPMENT DISTRICTS.

§7-22-1. Short title.

§7-22-2. Legislative findings and declaration of purpose.

§7-22-3. Definitions.

§7-22-4. Authorization to create economic opportunity development districts.

§7-22-5. Development expenditures.

§7-22-6. Notice; hearing.

§7-22-7. Application to Development Office for approval of an economic opportunity development district project.

§7-22-7a. Base tax revenue amount.

§7-22-8. Establishment of the economic opportunity development district fund.

§7-22-9. Authorization to levy special district excise tax.

§7-22-10. Order to create district as approved by Development Office and authorized by the Legislature.

§7-22-11. District board; duties.

§7-22-12. Special district excise tax authorized.

§7-22-13. Requisition of district subaccount funds.

§7-22-14. Modification of Included area; notice; hearing.

§7-22-15. Abolishment and dissolution of district; notice; hearing.

§7-22-16. Bonds issued to finance economic opportunity development district projects.

§7-22-17. Security for bonds.

§7-22-18. Redemption of bonds.

§7-22-19. Refunding bonds.

§7-22-20. Use of proceeds from sale of bonds.

§7-22-21. Bonds made legal investments.

§7-22-22. Exemption from taxation.

§7-22-23. Joint economic opportunity development districts.

§7-22-24. Application by Division of Highways.

CHAPTER 7, ARTICLE 23. LOCAL GOVERNMENT FLEXIBILITY ACT.

§7-23-1. Short title.

§7-23-2. Legislative intent and findings.

§7-23-3. Flexibility for county commissions, municipalities and county boards of education.

CHAPTER 7, ARTICLE 24. APPALACHIAN REGION INTERSTATE COMPACT.

§7-24-1. Appalachian Regional Interstate Compact; form of compact.

CHAPTER 7, ARTICLE 25. RESORT AREA DISTRICTS.

§7-25-1. Short Title.

§7-25-2. Findings.

§7-25-3. Definitions.

§7-25-4. Power and authority of county commissions to create and establish resort area districts.

§7-25-5. Petition for creation or expansion of resort area district; petition requirements.

§7-25-6. Notice to property owners before creation or expansion of resort area district; form of notice; affidavit of publication; election.

§7-25-7. Creation of resort area district; resort area district to be a public corporation.

§7-25-7a. Voluntary dissolution resort area district.

§7-25-8. Powers of resort area district.

§7-25-9. Official name of resort area districts.

§7-25-10. Resort area boards.

§7-25-11. Election procedure for initial members of resort area board; subsequent elections; elections and procedures to fill board vacancies.

§7-25-12. Resort area districts authorized to levy resort service fee; procedure for implementation and cessation of resort service fee; abstract and notice of implementing resolution; rate of resort service fee; permissible uses; limitations on imposition.

§7-25-13. Resort service fee administration.

§7-25-14. Implementation and provision of services within resort area district; adoption of annual budget.

§7-25-15. Authorization to implement assessments for projects or services; procedures for implementing assessments; by-laws to provide additional procedures for implementation of assessments; notice to property owners before implementation of assessments for projects or services; voting on assessments; affidavit of publication.

§7-25-16. Provisions for construction of a project.

§7-25-17. Notice to property owners of assessments; correcting and laying assessments; report on project completion.

§7-25-18. Exemption of public property from assessments.

§7-25-19. Assessment bonds and resort service fee bonds; sinking fund for assessment bonds and resort service fee bonds; tax exemption.

§7-25-20. Indebtedness of resort area district.

§7-25-21. Payment of assessments to sheriff; report to resort area district; collection of delinquent assessments.

§7-25-22. Liens; recording notice of liens; priority; release of lien; notice to future property owners.

§7-25-23. Resort Area Rangers.

§7-25-24. Annual audit; books and records.

§7-25-25. Notice of transfer of change in ownership of property within resort area district.

§7-25-26. Liberal construction.

§7-25-27. Effect of the 2015 amendments.

CHAPTER 7, ARTICLE 26. WEST VIRGINIA SHERIFFS' BUREAU OF PROFESSIONAL STANDARDS.

§7-26-1. Creation; purpose; composition.

§7-26-2. General powers and duties; legislative rules.

§7-26-3. Bureau officers.

§7-26-4. Training promoted by the bureau.

§7-26-5. Standard color for motor vehicles used by sheriffs; standard badges and uniforms; wearing other than standard uniform or badge; unauthorized wearing of official uniforms or badges.

§7-26-6. Standards for interagency cooperation.

CHAPTER 7, ARTICLE 27. LETTING OUR COUNTIES ACT LOCALLY ACT

§7-27-1. Short title.

§7-27-2. Purpose and findings.

§7-27-3. Definitions.

§7-27-4. Creation of county road construction project plan.

§7-27-5. Public hearing and notice requirements.

§7-27-6. Finalization of road construction project plan.

§7-27-7. Submission of road construction project plan to Commissioner of Highways; contents of application.

§7-27-8. Application to Commissioner of Highways for approval of road construction project plans.

§7-27-9. Requirement for referendum on final road construction project plan.

§7-27-10. Amendment of road construction project plan.

§7-27-11. Termination of road construction project plan.

§7-27-12. Order adopting road construction project plan or plan amendment.

§7-27-13. Joint road construction projects.

§7-27-14. Creation of County Road Improvement Account.

§7-27-15. Cash basis projects; issuance of road construction special revenue bonds by West Virginia Economic Development Authority.

§7-27-16. Commissioner's authority over road construction projects accepted into the state road system; use of state road funds.

§7-27-17. Qualifying a transportation project as a public improvement.

§7-27-18. Reports by Commissioner of Highways.

§7-27-19. Issuance of county road construction special revenue bonds.

§7-27-20. Trustee for bondholders; contents of trust agreement; pledge or assignment of revenues and funds.

§7-27-21. Refunding bonds.

§7-27-22. Obligations of the West Virginia Economic Development Authority undertaken pursuant to this article not debt of state, county, municipality or any political subdivision.

§7-27-23. Negotiability of bonds issued pursuant to this article.

§7-27-24. Exemption from taxation.

§7-27-25. Personal liability; persons executing bonds issued pursuant to this article.

§7-27-26. Cumulative authority as to powers conferred; applicability of other statutes and charters; bonds issued pursuant to this article.

§7-27-27. Criteria and requirements necessary to impose county transportation sales and use taxes.

§7-27-28. Counties authorized to impose county transportation sales and use taxes.

§7-27-29. Notification of Tax Commissioner, Auditor and Treasurer.

§7-27-30. State level administration of county transportation sales and use taxes required; fee for services.

§7-27-31. County transportation sales tax collected from purchaser.

§7-27-32. Payment of county transportation use tax.

§7-27-33. County transportation sales and use taxes in addition to other taxes.

§7-27-34. Credit for sales tax paid to another county.

§7-27-35. Sourcing rules for county transportation sales and use taxes.

§7-27-36. Application of state consumers sales and service tax provisions.

§7-27-37. Application of West Virginia Tax Procedure and Administration Act.

§7-27-38. Application of West Virginia Tax Crimes and Penalties Act.

§7-27-39. Local rate and boundary changes.

§7-27-40. Deposit of county transportation sales and use taxes; payment to Division of Highways.

§7-27-41. Effective date of county transportation sales and use tax.

§7-27-42. Early retirement of special revenue bonds; termination of county transportation sales and use taxes; excess funds.

§7-27-43. Powers supplemental.

§7-27-44. Public officials exempt from personal liability.

§7-27-45. Severability.

CHAPTER 7A. CONSOLIDATED LOCAL GOVERNMENT.

CHAPTER 7A, ARTICLE 1. GENERAL PROVISIONS.

§7A-1-1. Short title.

§7A-1-2. Legislative findings.

§7A-1-3. Definitions.

§7A-1-4. Authority to consolidate.

CHAPTER 7A, ARTICLE 2. POWERS AND LIMITATIONS.

§7A-2-1. Powers and privileges of consolidated local government.

§7A-2-2. Jurisdiction.

§7A-2-3. Continued existence of laws.

§7A-2-4. Limitations of a consolidated local government.

CHAPTER 7A, ARTICLE 3. INITIATING CONSOLIDATION AND ESTABLISHING CHARTER REVIEW COMMITTEE.

§7A-3-1. Initiating consolidation.

§7A-3-2. Municipal charter review committee.

§7A-3-3. County charter review committee.

§7A-3-4. Metro charter review committee.

§7A-3-5. Duties and powers of charter review committee.

§7A-3-6. Expenses of charter review committee.

§7A-3-7. Budget of charter review committee.

CHAPTER 7A, ARTICLE 4. CHARTER REVIEW COMMITTEE.

§7A-4-1. Study by charter review committee and draft of proposed charter.

§7A-4-2. Public hearings.

§7A-4-3. Approval of proposed charter and submission to governing bodies.

CHAPTER 7A, ARTICLE 5. MUNICIPAL CONSOLIDATION ELECTION.

§7A-5-1. Expenses for election.

§7A-5-2. Notice for election.

§7A-5-3. Election and ballots for municipal consolidation.

§7A-5-4. Approval of municipal consolidation and charter.

§7A-5-5. Rejection of charter and reconsideration process.

§7A-5-6. Filing charter.

§7A-5-7. Constitutional consideration.

§7A-5-8. Subsequent joining of municipality to consolidated municipality.

CHAPTER 7A, ARTICLE 6. ELECTIONS ON COUNTY CONSOLIDATION.

§7A-6-1. Expenses for election.

§7A-6-2. Notice for election.

§7A-6-3. Election and ballots for county consolidation.

§7A-6-4. Approval of county consolidation and charter.

§7A-6-5. Rejection of charter and reconsideration process.

§7A-6-6. Filing charter.

§7A-6-7. Subsequent joining of county to consolidated county.

CHAPTER 7A, ARTICLE 7. ELECTIONS ON METRO GOVERNMENT.

§7A-7-1. Expenses for election.

§7A-7-2. Notice for election.

§7A-7-3. Election and ballots for metro government.

§7A-7-4. Approval of metro government and charter.

§7A-7-4a. Modifying the percentage vote required to approve metro government in municipal and countywide elections from fifty-five percent to a majority in counties with populations in excess of 150,000.

§7A-7-5. Rejection of charter and reconsideration process.

§7A-7-6. Municipalities within territory remain incorporated in metro government.

§7A-7-7. Filing charter.

§7A-7-8. Subsequent joining of municipality, county or metro government to metro government.

CHAPTER 7A, ARTICLE 8. CHARTER AMENDMENT.

§7A-8-1. Charter amendment.

CHAPTER 8. MUNICIPAL CORPORATIONS.

CHAPTER 8, ARTICLE 1. PURPOSE AND SHORT TITLE; DEFINITIONS; GENERAL PROVISIONS; CONSTRUCTION.

§8-1-1. Purpose and short title.

§8-1-2. Definitions of terms.

§8-1-3. Classification of municipal corporations.

§8-1-4. How population determined.

§8-1-5. Existing status of municipalities confirmed; powers, authority, duties and responsibilities conferred by law.

§8-1-5a. Municipal Home Rule Program.

§8-1-6. Application of provisions of this chapter; inconsistent or conflicting special legislative charter provisions; amendment of special legislative charters; inconsistent or conflicting ordinance provisions; status and tenure of officers and members not affected; transactions already entered into not affected.

§8-1-7. Construction of powers and authority granted.

§8-1-8. References to code provisions.

§8-1-9. Reporting of fraud and misappropriations of funds.

CHAPTER 8, ARTICLE 2. CREATION OF MUNICIPALITIES.

§8-2-1. Requirements for incorporation; size and character of territory; population.

§8-2-2. Petition; survey and map.

§8-2-3. Hearing on petition; notice; dismissal.

§8-2-4. Census; bond; appointment and duties of enumerators.

§8-2-5. Special incorporation election — Voting precincts; time for election; supplies; commissioners and clerks; notice.

§8-2-6. Same -- Qualified electors; form of ballot or ballot label; election officials; certification; canvass; declaration of results; recount.

§8-2-7. County commission order declaring boundaries of city; certificate of incorporation of town or village; dismissal of proceeding.

§8-2-8. Judicial review.

CHAPTER 8, ARTICLE 3. FRAMING AND ADOPTING AN ORIGINAL CHARTER FOLLOWING INCORPORATION OF A CITY; REVISING OR AMENDING A CHARTER; EXPENSES OF INCORPORATION.

§8-3-1. Charter board for cities -- Number of members; qualifications of members; nominations; ballots and ballot labels; dismissal of proceeding.

§8-3-2. Charter board for cities -- Organization; journal; quorum; duties; time for draft of charter; form of city government.

§8-3-3. City charters -- Approval and certification by attorney general.

§8-3-4. Same -- Hearing and notice.

§8-3-5. Same -- Changes; time for changes; signatures; filing.

§8-3-6. Same —Time for election; notice; voting precincts; supplies; officials; certification; canvass; declaration of results; recount.

§8-3-7. Same -- Approval; effective date; certification; judicial notice; recordation.

§8-3-8. Same -- Rejection; rewriting or altering draft; new charter board.

§8-3-9. Continuing duties of charter boards; revising or amending a charter.

§8-3-10. Expenses of incorporation.

CHAPTER 8, ARTICLE 3A. GOVERNMENT OF CLASS IV TOWNS OR VILLAGES.

§8-3A-1. Class IV town or village form of government.

§8-3A-2. Changing Class IV town or village form of government.

CHAPTER 8, ARTICLE 4. FRAMING AND ADOPTING A CHARTER OTHER THAN IMMEDIATELY FOLLOWING INCORPORATION; REVISING OR AMENDING A CHARTER; ELECTIONS AND EXPENSES.

§8-4-1. Initiation of proceedings for framing a charter.

§8-4-2. Charter board; number of members; qualifications of members; nominations; notice; ballots and ballot labels; election of a charter board; effect of vote on question as to charter board.

§8-4-3. Provisions of article three made applicable; duties and responsibilities of county court under article three placed upon governing body under this article; duties and responsibilities of charter board; exceptions.

§8-4-4. Submission of proposed charter to qualified voters.

§8-4-5. Approval of charter; effective date; certification; judicial notice; recordation; effect of rejection.

§8-4-6. New charter supersedes existing charter; effect on ordinances and administrative law.

§8-4-7. Revising or amending a charter — generally.

§8-4-8. Same — An alternate plan.

§8-4-9. Submission of alternative provisions.

§8-4-10. Conduct of elections; general provisions concerning canvass and declaration of results; election supplies; election officials.

§8-4-11. Special election and special municipal election officials.

§8-4-12. Expenses.

CHAPTER 8, ARTICLE 5. ELECTION, APPOINTMENT, QUALIFICATION AND COMPENSATION OF OFFICERS; GENERAL PROVISIONS RELATING TO OFFICERS AND EMPLOYEES; ELECTIONS AND PETITIONS GENERALLY; CONFLICT OF INTEREST.

§8-5-1. First election of officers of a city; terms of first officers.

§8-5-2. First election of officers of a town or village; commissioners of election.

§8-5-3. When first election of officers of a town or village held; notice.

§8-5-4. Conducting first election of officers of a town or village; certificate of election; terms of first officers.

§8-5-5. Regular election of officers; establishment of longer terms.

§8-5-5a. Repealed. Acts, 1987 Reg. Sess., Ch. 91.

§8-5-6. Charter provisions concerning officers and elections, etc.; provisions of general law concerning same.

§8-5-7. Certain officers; wards or election districts; residency and other requirements.

§8-5-8. Oath of office.

§8-5-9. Terms of office.

§8-5-10. Vacancies in elective offices; how filled.

§8-5-11. Municipal officers and employees generally.

§8-5-12. Compensation of officers and employees.

§8-5-12a. Public carriage for officers and employees.

§8-5-13. Integration of municipal elections with system of permanent registration.

§8-5-14. Municipal executive committees; election expenses; applicability of state primary and general election laws; election days.

§8-5-15. Tie vote.

§8-5-15a. Special municipal elections not otherwise provided for.

§8-5-16. Judicial review.

§8-5-17. Canvassing of elections; contested elections.

§8-5-18. Determination as to sufficiency of a petition filed under this chapter.

§8-5-19. Charter or ordinance provisions pertaining to conflict of interest; penalties for violation thereof.

§8-5-20. Triennial audits of certain associations and organizations.

CHAPTER 8, ARTICLE 6. ANNEXATION.

§8-6-1. Annexation of unincorporated territory.

§8-6-2. Petition for annexation.

§8-6-3. Governing body of municipality to certify annexation; order.

§8-6-4. Annexation without an election.

§8-6-4a. Annexation without election for municipalities in counties that have an adopted countywide zoning ordinance which includes urban growth boundaries.

§8-6-5. Annexation by minor boundary adjustment.

§8-6-6. Duties as to ad valorem taxes for municipal purposes on properties in newly annexed areas.

CHAPTER 8, ARTICLE 7. DECREASE OF CORPORATE LIMITS.

§8-7-1. Decrease of corporate limits.

§8-7-2. Procedure to decrease corporate limits.

§8-7-3. Governing body of municipality to certify decrease in corporate limits; order.

§8-7-4. Decreasing corporate limits by minor boundary adjustment.

CHAPTER 8, ARTICLE 8. CONSOLIDATION OF MUNICIPALITIES.

§8-8-1. Repealed. Acts, 2006 Reg. Sess., Ch. 39.

CHAPTER 8, ARTICLE 9. PROCEEDINGS OF GOVERNING BODIES.

§8-9-1. Who to preside at meetings of governing body; quorum; interested member of governing body not to vote.

§8-9-2. Mayor and recorder may vote; tie vote.

§8-9-3. Governing body to keep records; minutes of proceedings; voting.

§8-9-4. Reporting of fraud and misappropriation of funds.

CHAPTER 8, ARTICLE 10. POWERS AND DUTIES OF CERTAIN OFFICERS.

§8-10-1. Powers and duties of mayor.

§8-10-1a. Authority to hire special counsel; consent to other representation.

§8-10-1b. Authority to appoint police chief; reinstating to previous rank.

§8-10-2. Municipal court for municipalities.

§8-10-2a. Payment of fines by electronic payments, credit cards, cash, money orders, or certified checks.

§8-10-2b. Payment plan; failure to pay will result in late fee and judgment lien; suspension of licenses for failure to pay fines and costs or failure to appear in court.

§8-10-3. Powers and duties of recorder.

§8-10-4. Powers and duties of recorder or clerk relating to warrants, oaths, sureties and bonds.

CHAPTER 8, ARTICLE 11. POWERS AND DUTIES WITH RESPECT TO ORDINANCES AND ORDINANCE PROCEDURES.

§8-11-1. Ordinances to make municipal powers effective; penalties imposed under judgment of mayor or police court or municipal judge; right to injunctive relief; right to maintain action to collect fines; additional assessment of costs.

§8-11-1a. Disposition of criminal costs into State Treasury account for Regional Jail and Correctional Facility Authority fund.

§8-11-1b. Additional costs in certain criminal proceedings.

§8-11-2. Validity of ordinances delegating discretion.

§8-11-3. Cases requiring enactment of ordinance.

§8-11-4. Ordinance procedures.

§8-11-5. Prejudgment alternative disposition of certain traffic offenses.

CHAPTER 8, ARTICLE 12. GENERAL AND SPECIFIC POWERS, DUTIES AND ALLIED RELATIONS OF MUNICIPALITIES, GOVERNING BODIES AND MUNICIPAL OFFICERS AND EMPLOYEES; SUITS AGAINST MUNICIPALITIES.

§8-12-1. General corporate powers of all municipalities.

§8-12-2. Home rule powers for all cities.

§8-12-3. Creation by charter provision of certain independent city boards.

§8-12-3a. Cities authorized to create department of development and transfer planning functions of certain independent agencies to such department; authorizing related ordinances and resolutions.

§8-12-4. Power to provide by charter for initiative, referendum and recall.

§8-12-5. General powers of every municipality and the governing body thereof.

§8-12-5a. Limitations upon municipalities’ power to restrict the purchase, possession, transfer, ownership, carrying, transport, sale, and storage of certain weapons and ammunition.

§8-12-5b. Municipal authority to enact ordinance; ordinance provisions defining terms; restricting certain activities in relation to obscene matters and establishing penalties for violations.

§8-12-5c. Authority to enact ordinance restricting the location of businesses offering exotic entertainment.

§8-12-5d. Regulation of amateur radio antennas.

§8-12-5e. Authority to enter into energy-savings contracts.

§8-12-5f. Regulation of taxicabs and taxi stands.

§8-12-5g. Authorizing municipalities to hold motor vehicle racing events on public roads, municipal streets or runways.

§8-12-6. Membership in association or league.

§8-12-7. Power and authority to purchase insurance and to indemnify officers, agents and employees.

§8-12-8. Group insurance programs authorized.

§8-12-9. Power and authority to enact ordinance prohibiting discrimination with respect to housing accommodations.

§8-12-10. Purchasing; competitive bidding.

§8-12-11. Lease agreements for equipment or materials with option to cancel or renew for one year authorized.

§8-12-12. Power and authority to lease, establish, maintain and operate off-street parking facility.

§8-12-13. Building regulation; general and special codes; state building code.

§8-12-14. Permits for construction and alteration.

§8-12-14a. Repealed. Acts, 1989 Reg. Sess., Ch. 79.

§8-12-15. Municipal inspection.

§8-12-16. Ordinances regulating the repair, alteration, improvement, closing, demolition, etc., of structures, dwellings, or buildings that are unsafe, unsanitary, dangerous, or detrimental to the public safety or welfare; procedures.

§8-12-16a. Registration of uninhabitable property.

§8-12-16b. Special litter prevention officers.

§8-12-16c. Registration of vacant buildings; registration fees; procedures for administration and enforcement.

§8-12-16d. Additional powers and duties of municipalities; areas of special or unique interest.

§8-12-17. Sale or lease of municipal public utility.

§8-12-18. Sale, lease, or disposition of other municipal property.

§8-12-19. Extraterritorial exercise of powers and authority.

§8-12-20. Authorizing municipalities to enact Adopt-A-Street programs.

§8-12-21. Restriction on the regulation of trades, occupations, and professions.

§8-12-22. Foreclosure actions involving abandoned properties.

§8-12-23. Limitations on municipalities, political subdivisions, and local governing bodies’ authority over energy usage and development.

§8-12-24. Dedication to or naming municipal property for office holder prohibited.

§8-12-25. Authorizing certain municipalities to create a pension funding program.

§8-12-26. Authorizing municipalities to create private outdoor designated areas.

§8-12-27. Prohibiting municipalities from imposing additional alcohol licensure fees.

CHAPTER 8, ARTICLE 13. TAXATION AND FINANCE.

§8-13-1. General property and benefit taxes.

§8-13-2. Correcting erroneous tax levy.

§8-13-3. Hotel occupancy tax.

§8-13-4. Municipal license and tax thereon when state license required.

§8-13-5. Business and occupation or privilege tax; limitation on rates; effective date of tax; exemptions; activity in two or more municipalities; administrative provisions.

§8-13-5a. Public utilities tax.

§8-13-6. Amusement tax.

§8-13-7. Tax on purchases of intoxicating liquors in municipalities; private club fees.

§8-13-8. License tax on horse racing and dog racing.

§8-13-9. Motor vehicle operator's tax.

§8-13-10. Domestic animal tax.

§8-13-11. Preservation of prior taxing powers of cities.

§8-13-12. Borrowing power.

§8-13-13. Special charges for municipal services.

§8-13-14. Penalties.

§8-13-15. Collection of municipal taxes, fines and assessments.

§8-13-15a. Providing for payment at banking institutions.

§8-13-16. Remedies for failure to collect, account for or pay over moneys.

§8-13-17. Reports, etc., to conform to fiscal year.

§8-13-18. Audits and accounts.

§8-13-19. Capital reserve fund.

§8-13-19a. Special account for federal and state grants-in-aid authorized.

§8-13-20. Balances in Municipal Bond Commission fund may be transferred or remitted to general fund where bonded indebtedness has been paid or where defeasance or payment of bonded indebtedness has been provided for; use of transferred or remitted funds.

§8-13-21. Disposition of funds for public works when materials, etc., not available.

§8-13-22. Payment of money out of municipal treasury must be by order; signing of orders by mechanical or electrical devices; officers jointly and severally liable for neglect; forgery; penalty.

§8-13-22a. Investment of municipal funds.

§8-13-22b. Voluntary direct deposits by municipal treasurer of salaries of employees to banks or other financial institutions.

§8-13-22c. Restrictions on investment.

§8-13-22d. Payment of legitimate uncontested invoices; interest on late payments; "Prompt Pay Act of 1995."

§8-13-23. Preparation, publication and disposition of financial statements.

§8-13-24. Notice of delinquency.

§8-13-25. Delinquent list preparation.

§8-13-26. Publication and posting of delinquent tax list; costs.

§8-13-27. Notice of delinquent lists to city council and retention of list by city.

CHAPTER 8, ARTICLE 13A. BUSINESS IMPROVEMENT DISTRICTS.

§8-13A-1. Short title.

§8-13A-2. Legislative findings and declaration of purpose.

§8-13A-3. Definitions.

§8-13A-4. Authorization.

§8-13A-5. Services.

§8-13A-6. Petition to initiate the procedure for organization, development and designation.

§8-13A-7. Appointment of planning committee, issuance of report.

§8-13A-8. Notice; hearing.

§8-13A-9. Creation of district; statement of prohibition on use of fees.

§8-13A-10. Petition to repeal ordinance.

§8-13A-11. District board; duties.

§8-13A-12. Levy of service fees; classification of properties; factors to consider.

§8-13A-13. Special business improvement district fund.

§8-13A-14. Modification of included area; notice; hearing.

§8-13A-15. Abolishment and dissolution of district; notice; hearing.

CHAPTER 8, ARTICLE 13B. DOWNTOWN REDEVELOPMENT DISTRICTS.

§8-13B-1. Repealed. Acts, 2008 Reg. Sess., Ch. 45.

CHAPTER 8, ARTICLE 13C. MUNICIPAL TAX IN LIEU OF BUSINESS AND OCCUPATION TAX; AND MUNICIPAL TAXES APPLICABLE TO PENSION FUNDS; ADDITIONAL AUTHORITIES RELATING TO PENSIONS AND BOND ISSUANCE.

§8-13C-1. Findings.

§8-13C-2. Definitions.

§8-13C-3. Pension relief municipal occupational tax.

§8-13C-4. Municipal sales and service taxes.

§8-13C-5. Municipal use tax.

§8-13C-5a. Credit for sales tax paid to another municipality.

§8-13C-6. Notification to Tax Commissioner; responsibilities of Tax Commissioner; fee; special revenue account; application of state tax law.

§8-13C-7. Municipal sales and service tax and use tax fund; deposit and remittance of collections.

§8-13C-8. Printed catalogs.

§8-13C-9. Restriction on use of certain revenues.

§8-13C-10. Conflict; partial unconstitutionality.

§8-13C-11. Additional requirements for authority to impose certain taxes.

§8-13C-12. Limited authority to impose tax.

§8-13C-13. Study.

§8-13C-14. Authorization for closure of existing retirement plans, creation of defined contribution plans and issuance of bonds for certain qualifying municipalities.

CHAPTER 8, ARTICLE 14. LAW AND ORDER; POLICE FORCE OR DEPARTMENTS; POWERS, AUTHORITY AND DUTIES OF LAW-ENFORCEMENT OFFICIALS AND POLICEMEN; POLICE MATRONS; SPECIAL SCHOOL ZONE AND PARKING LOT OR PARKING BUILDING POLICE OFFICERS; CIVIL SERVICE FOR CERTAIN POLICE DEPARTMENTS.

§8-14-1. Power and authority with respect to the preservation of law and order; police force or departments.

§8-14-2. Hours of duty for policemen in a paid police department under civil service; overtime compensation or time off; municipal emergencies.

§8-14-2a. Policemen who are required to work during holidays; how compensated.

§8-14-3. Powers, authority, and duties of law-enforcement officials and policemen.

§8-14-4. Police matrons.

§8-14-5. Special school zone police officers.

§8-14-5a. Parking enforcement officers.

§8-14-6. Qualifications for appointment or promotion to positions in certain paid police departments to be ascertained by examination; provisions exclusive as to appointments, etc.; definitions.

§8-14-7. Policemen's civil service commission generally.

§8-14-8. Recorder ex officio clerk of commission; clerical and stenographic services.

§8-14-9. Rooms, stationery, etc., to be furnished by city; appropriations required.

§8-14-10. Powers, authority and duties of policemen's civil service commission.

§8-14-11. Rules and regulations for all examinations; probationary appointments.

§8-14-12. Form of application; age and residency requirements; exceptions.

§8-14-13. Character and notice of competitive examinations; qualifications of applicants; press representatives; posting eligible list; medical examinations.

§8-14-13a. Individual review of test and answers from promotional examination.

§8-14-14. Refusal to examine or certify; review thereof.

§8-14-15. Appointments from list of eligibles.

§8-14-15a. Veteran qualification for examinations required during probation period.

§8-14-16. Noncompetitive examination for filling vacancy; provisional appointment.

§8-14-17. Vacancies filled by promotions; eligibility for promotion; rights of chief.

§8-14-18. No inquiry shall be made concerning political or religious opinions or affiliations of applicants, etc.

§8-14-19. Political activities of members prohibited; exceptions.

§8-14-20. Removal, discharge, suspension or reduction in rank or pay; hearing; attorney fees; appeal; reduction in number of members.

§8-14-21. Election to determine if civil service provisions of article shall apply to Class III city or Class IV town or village; existing police civil service not affected; certain regular members automatically covered.

§8-14-22. Offenses and penalties.

§8-14-23. Repeal of conflicting acts and provisions; civil service provisions of article exclusive; status or tenure not affected; certain members automatically covered; continuance of police civil service systems.

§8-14-24. Right to receive complete standard uniform; right to acquire badge; and right to keep service weapon.

CHAPTER 8, ARTICLE 14A. MUNICIPAL POLICE OFFICERS AND FIREMEN; PROCEDURE FOR INVESTIGATION.

§8-14A-1. Definitions.

§8-14A-2. Investigation and interrogation of a police officer or fireman.

§8-14A-3. Hearing.

§8-14A-4. Right to refuse to disclose personal finances; exceptions.

§8-14A-5. Appeal.

CHAPTER 8, ARTICLE 15. FIRE FIGHTING; FIRE COMPANIES AND DEPARTMENTS; CIVIL SERVICE FOR PAID FIRE DEPARTMENTS.

§8-15-1. Power and authority of governing body with respect to fires.

§8-15-2. Liability for property pulled down or destroyed to prevent spread of fire.

§8-15-3. Municipalities empowered and authorized to contract for prevention and extinguishment of fires beyond the corporate limits.

§8-15-4. Power and authority to form fire companies; recordation of statement; organization.

§8-15-5. Duties of company members; meetings to inspect equipment; report; penalty for noncompliance.

§8-15-6. Dissolution of volunteer fire company.

§8-15-7. Incorporation of volunteer fire companies; duties and obligations; dissolution.

§8-15-7a. Audit or financial examination of volunteer fire companies.

§8-15-8. Support of volunteer fire company; return of property upon dissolution.

§8-15-8a. Eligibility for allocation from municipal pensions and protection fund and the Fire Protection Fund.

§8-15-8b. Authorized expenditures of revenues from the Municipal Pensions and Protection Fund and the Fire Protection Fund; deductions for unauthorized expenditures; record retention.

§8-15-8c. Donation of equipment.

§8-15-9. Establishment and maintenance of paid fire department.

§8-15-10. Hours of duty for firemen in a paid fire department.

§8-15-10a. Holiday compensation for firefighters.

§8-15-10b. Mandatory safety procedures for situations deemed immediately dangerous to life and health.

§8-15-11. Qualifications for appointment or promotion to positions in paid fire departments to be ascertained by examination; provisions exclusive as to appointments, etc.; rights of certain chiefs; "appointing officer" defined.

§8-15-12. Firemen's civil service commission generally.

§8-15-13. Recorder ex officio clerk of commission; clerical and stenographic services.

§8-15-14. Rooms, stationery, etc., to be furnished by municipality; appropriations required.

§8-15-15. Powers, authority and duties of firemen's civil service commission.

§8-15-16. Rules for all examinations; probationary appointments.

§8-15-16a. Apprenticeship programs.

§8-15-17. Form of application; age and residency requirements; exceptions.

§8-15-18. Character and notice of competitive examinations; qualifications of applicants; press representatives; posting eligible list; medical examinations.

§8-15-18a. Individual review of test and answers from promotional examination.

§8-15-19. Refusal to examine or certify; review thereof.

§8-15-20. Appointments from list of eligible applicants; special examinations for electricians or mechanics.

§8-15-20a. Special examination for firefighter paramedic.

§8-15-21. Noncompetitive examination for filling vacancy; provisional appointment.

§8-15-22. Vacancies filled by promotions; eligibility for promotion.

§8-15-23. No inquiry shall be made concerning political or religious opinions or affiliations of applicants, etc.

§8-15-24. Political activities of members prohibited; exceptions.

§8-15-25. Removal, discharge, suspension or reduction in rank or pay; hearing; attorney fees; appeal; reduction in number of members.

§8-15-26. Offenses and penalties.

§8-15-27. Repeal of conflicting acts and provisions; civil service provisions of article exclusive; status or tenure not affected.

§8-15-28. Awarding service weapon upon retirement.

CHAPTER 8, ARTICLE 15A. STANDARDS FOR PROFESSIONAL FIREFIGHTERS TRAINING; REGISTERED APPRENTICESHIP AND CERTIFICATION.

§8-15A-1. Definitions.

§8-15A-2. Original appointments.

§8-15A-3. Professional firefighters certification board of apprenticeship and training.

§8-15A-4. Duties of the professional firefighters certification board of apprenticeship and training.

§8-15A-5. Certification requirements.

§8-15A-6. Review of certification.

§8-15A-7. Compliance.

CHAPTER 8, ARTICLE 16. MUNICIPAL PUBLIC WORKS; REVENUE BOND FINANCING.

§8-16-1. Definitions.

§8-16-2. Municipalities authorized to construct, etc., public works and to acquire property; payment of costs.

§8-16-3. Special provisions as to certain municipal public works.

§8-16-4. Construction, etc., to be under control of governing body or appointed board, etc.

§8-16-4a. Additional special provisions as to motor vehicle parking facilities.

§8-16-4b. Additional special provision as to the use of space in motor vehicle parking facilities.

§8-16-5. Powers of board; bidding requirements; emergency repairs.

§8-16-6. Preliminary expenses.

§8-16-7. Ordinance for construction, etc., of works.

§8-16-8. Right of eminent domain.

§8-16-9. Bonds for improvements, etc., of works.

§8-16-10. Items of expense included in cost of works.

§8-16-11. No municipality is to incur any obligation not payable from proceeds of bonds; exemption from taxation.

§8-16-12. Interest rate and life of bonds; redemption; how payable; form, denominations, etc.; additional bonds authorized; interim certificates.

§8-16-13. Obligations not to bind municipal official or officer or member of board personally.

§8-16-14. Additional bonds for improvements, etc., of works.

§8-16-15. How proceeds of bonds applied.

§8-16-16. Bonds secured by trust indenture between municipality or municipalities and corporate trustee.

§8-16-17. Sinking fund; West Virginia Municipal Bond Commission; transfer of funds; purchase of outstanding bonds.

§8-16-18. Rates, fees, or charges for services rendered by works.

§8-16-18a. Pledge of the hotel occupancy tax; contribution of revenues to building commission.

§8-16-19 Repealed Acts, 2017 Reg. Sess., Ch. 161.

§8-16-20. Accounting system; yearly audit; custodian of funds.

§8-16-21. Governmental entities to pay established rates, fees or charges for services rendered to it or them.

§8-16-22. Statutory mortgage lien upon works created.

§8-16-23. Acquisition of property on which lien exists.

§8-16-24. Protection and enforcement of rights of bondholders, etc.; receivership; effect of receivership on lease agreement.

§8-16-25. Article confers additional power and authority; extraterritorial jurisdiction.

§8-16-26. Construction of power and authority conferred.

§8-16-27. Article liberally construed.

§8-16-28. Reference to "municipal authorities" or "municipal authority" elsewhere in law to mean "governing body" for the purposes of this article only.

CHAPTER 8, ARTICLE 17. LOW COST IMPROVEMENTS.

§8-17-1. Purpose of article; liberal construction.

§8-17-2. Definitions.

§8-17-3. Municipality empowered and authorized to make improvements.

§8-17-4. Petition and bond; action of governing body; memorandum of engineer.

§8-17-5. Hearing on adverse report in engineer's memorandum; notice thereof; modification of memorandum; expenses charged to petitioner upon failure of petition.

§8-17-6. When petition for improvement is to be granted.

§8-17-7. Procedure when petitioner to pay all of total cost.

§8-17-8. Procedure when total cost to be apportioned among all abutters.

§8-17-9. Accomplishment of the improvement; use of municipal employees and equipment; contracts; account of costs.

§8-17-10. Apportionment among petitioners only; limit on total cost chargeable to petitioners; notice.

§8-17-11. Apportionment among all abutters; limit on total cost chargeable to abutters; engineer's report; notice; hearings; correcting and laying assessments.

§8-17-12. Assessments where property owned or controlled by public, charitable, eleemosynary, educational or religious institutions; duty of those in charge to cause assessments to be paid.

§8-17-13. Due date of assessments; statement of amount in default to petitioner.

§8-17-14. Due date of charges against petitioner; collection on bond; petitioner's right of action.

§8-17-15. Cumulative authority.

CHAPTER 8, ARTICLE 18. ASSESSMENTS TO IMPROVE STREETS, SIDEWALKS AND SEWERS; SEWER CONNECTIONS AND BOARD OF HEALTH; ENFORCEMENT OF DUTY TO PAY FOR SERVICE.

§8-18-1. Power and authority of municipalities relating to street, sidewalk, sewer and other permanent improvements.

§8-18-2. Petition of abutting property owners for improvement; improvements without petition.

§8-18-3. Notice to abutting owners before authorizing improvements; form of notice; affidavit of publication.

§8-18-4. Ordinance or resolution authorizing improvements; approval of plans, specifications and estimates; provisions for advertisement of bids and payment of cost; default.

§8-18-5. Report on completion; notice to abutting owners of assessments; hearings; correcting and laying assessments.

§8-18-6. Construction of sewers and sewer systems; assessments; corner lots, etc.

§8-18-7. What total cost to include.

§8-18-8. Apportionment and assessment of cost.

§8-18-9. Assessment against property of public, charitable, eleemosynary, educational or religious institutions; duty of those in charge to cause assessments to be paid.

§8-18-10. Liens; recording notice of liens; suit for enforcement; priority.

§8-18-11. How assessments may be evidenced.

§8-18-12. How funds of municipality to be repaid if work paid for from unappropriated funds rather than by means of assessment certificates or from the proceeds of bonds.

§8-18-13. Assessment certificates.

§8-18-14. Issuance of bonds.

§8-18-15. Bonds to pay municipality's share of cost of improvements.

§8-18-16. Bond issue to be authorized by voters.

§8-18-17. Payment of assessments or installments; release.

§8-18-18. Reassessment for void, irregular or omitted assessments.

§8-18-19. Limitation on additional assessments.

§8-18-20. Liberal construction of article; validity and enforcement of assessments when bond issue for same improvements.

§8-18-21. Cumulative authority.

§8-18-22. Connection to sewers; board of health; penalty.

§8-18-23. Authority to require discontinuance of water service by provider utility for nonpayment of sewer service rates and charges; lien for delinquent service rates and charges; failure to cure delinquency; civil actions; deferral of filing fees and costs in magistrate court action; limitations with respect to foreclosure.

CHAPTER 8, ARTICLE 19. MUNICIPAL AND COUNTY WATERWORKS AND ELECTRIC POWER SYSTEMS.

§8-19-1. Acquisition and operation of municipal and county waterworks and electric power systems; construction of improvements to municipal and county electric power systems; extension beyond corporate limits; definitions.

§8-19-2. Contracts for purchase of electric power or energy by a municipality; definitions; requirements; payments; rates and charges.

§8-19-2a. Procedure for changing rates of municipal electric power systems; legislative findings.

§8-19-2b. Right of appeal by customers.

§8-19-3. Right of eminent domain; limitations.

§8-19-4. Estimate of cost; ordinance or order for issuance of revenue bonds; interest on bonds; rates for services; exemption from taxation.

§8-19-5. Publication of abstract of ordinance or order and notice; hearing.

§8-19-6. Amount, negotiability and execution of bonds.

§8-19-7. Bonds payable solely from revenues; not to constitute municipal or county indebtedness.

§8-19-8. Lien of bondholders; deeds of trust; security agreements; priority of liens.

§8-19-9. Covenants with bondholders.

§8-19-10. Operating contract.

§8-19-11. Rates or charges for water and electric power must be sufficient to pay bonds, etc.; disposition of surplus.

§8-19-12. Service charges; sinking fund; amount of bonds; additional bonds; surplus.

§8-19-12a. Deposit required for new customers; lien for delinquent service rates and charges; failure to cure delinquency; payment from deposit; reconnecting deposit; return of deposit; liens; civil actions; deferral of filing fees and costs in magistrate court action; limitations with respect to foreclosure.

§8-19-13. Discontinuance of water or electric power service for nonpayment of rates or charges.

§8-19-14. Bonds for additions, betterments and improvements.

§8-19-15. System of accounts; audit.

§8-19-16. Protection and enforcement of rights of bondholders, etc.; receivership.

§8-19-17. Grants, loans, advances and agreements.

§8-19-18. Additional and alternative method for constructing or improving and for financing waterworks or electric power system; cumulative authority.

§8-19-19. Alternative procedure for acquisition, construction or improvement of waterworks or electric power system.

§8-19-20. Article to be liberally construed.

§8-19-21. Specifications for water mains and water service pipes.

§8-19-22. Identification requirement for fire hydrants that are inoperable or unavailable for use in emergency situations.

CHAPTER 8, ARTICLE 20. COMBINED SYSTEMS.

§8-20-1. Acquisition and operation of combined waterworks and sewerage systems; extension beyond corporate limits; definitions.

§8-20-1a. Acquisition and operation of combined systems; extension beyond corporate limits; definitions.

§8-20-1b. Cooperation with other governmental units.

§8-20-1c. Severance of combined system.

§8-20-2. Right of eminent domain; limitations.

§8-20-3. Ordinance describing project; contents.

§8-20-4. Publication of abstract of ordinance and notice; hearing.

§8-20-5. Amount, negotiability and execution of bonds; refund of outstanding obligations or securities by sale or exchange of bonds.

§8-20-6. Bonds payable solely from revenues; not to constitute municipal indebtedness.

§8-20-7. Lien of bondholders.

§8-20-8. Covenants with bondholders.

§8-20-9. Operating contract.

§8-20-10. Power and authority of municipality to enact ordinances and make rules and fix rates, fees, or charges; deposit required for new customers; change in rates, fees, or charges; failure to cure delinquency; delinquent rates, discontinuance of service; reconnecting deposit; return of deposit; fees or charges as liens; civil action for recovery thereof; deferral of filing fees and costs in magistrate court action; limitations with respect to foreclosure.

§8-20-11. Discontinuance of water service for nonpayment of rates or charges.

§8-20-11a. Governmental entities subject to established rates.

§8-20-12. Use of revenues; sinking fund.

§8-20-13. System of accounts; audit.

§8-20-14. Repair and maintenance of municipal sewerage system outside corporate limits.

§8-20-15. Protection and enforcement of rights of bondholders, etc.; receivership.

§8-20-16. Grants, loans and advances.

§8-20-17. Additional and alternative method for constructing, etc., and financing combined system; cumulative authority.

§8-20-18. Alternative procedure for acquisition, construction, etc., of combined system.

§8-20-19. Article to be liberally construed.

CHAPTER 8, ARTICLE 20A. NEIGHBORHOOD REHABILITATION.

§8-20A-1. Legislative findings and purpose.

§8-20A-2. Definitions.

§8-20A-3. Neighborhood rehabilitation fund.

§8-20A-4. Inspection and technical assistance.

§8-20A-5. Deferral of repayment.

CHAPTER 8, ARTICLE 21. BOARD OF PARK AND RECREATION COMMISSIONERS.

§8-21-1. Cities may establish board.

§8-21-2. Board a public corporate body; perpetual existence; seal; name; powers.

§8-21-3. Members; quorum; qualifications; election or appointment; terms; disqualification.

§8-21-4. Filling vacancies.

§8-21-5. Oath of members; organization of board; secretary; treasurer.

§8-21-6. Members to be paid expenses; members not to be personally interested in contracts or property controlled by board.

§8-21-7. Office; powers.

§8-21-8. Purchase, lease or condemnation of real property.

§8-21-9. Authority to take title to real and personal property; conveyances of real property to board by public bodies; sales and conveyances of real property by board; execution of deeds.

§8-21-10. General powers of board; enactment and enforcement of rules and regulations; counsel.

§8-21-11. Charges for use of recreational facilities; use of funds.

§8-21-12. Use of city appropriations and other funds.

§8-21-13. Public park and recreation bonds.

§8-21-14. Construction of article.

CHAPTER 8, ARTICLE 22. RETIREMENT BENEFITS GENERALLY; POLICEMEN'S PENSION AND RELIEF FUND; FIREMEN'S PENSION AND RELIEF FUND; PENSION PLANS FOR EMPLOYEES OF WATERWORKS SYSTEM, SEWERAGE SYSTEM OR COMBINED WATERWORKS AND SEWERAGE SYSTEM.

§8-22-1. Membership in Public Employees Retirement System.

§8-22-2. Class I, II and III cities empowered and authorized to establish and maintain "employees retirement and benefit fund" or to maintain such fund heretofore established.

§8-22-3. Definitions.

§8-22-4. Board of trustees.

§8-22-5. Employees eligible for participation in fund.

§8-22-6. Contributions; prior, earned and total service credits; service breaks.

§8-22-7. Retirement pensions.

§8-22-8. Disability pensions; annuities.

§8-22-9. Death benefits; return of contributions.

§8-22-10. Contributions by city.

§8-22-11. Investment of funds.

§8-22-11a. Restrictions on investment.

§8-22-12. Individual accounts; actuarial data; tables.

§8-22-13. Reports by board of trustees.

§8-22-14. Custodian of fund; duties; bond.

§8-22-15. Action by city required before new provisions are applicable.

§8-22-16. Pension and relief funds for policemen and firemen; creation of boards of trustees; definitions; continuance of funds; average adjusted salary.

§8-22-16a. Legislative findings.

§8-22-17. Powers and duties of boards of trustees; training.

§8-22-18. Members of board of trustees; how elected; presiding officers; secretary.

§8-22-18a. West Virginia Municipal Pensions Oversight Board created; powers and duties; management; composition; terms; quorum; expenses; reports.

§8-22-18b. Creation of Municipal Pensions Security Fund; transfer of certain powers, duties and functions of Treasurer's office to Municipal Pensions Oversight Board.

§8-22-18c. Notice of legal actions by or against municipal policemen's and firemen's pension funds.

§8-22-19. Levy to maintain fund.

§8-22-19a. Refunds of member contributions.

§8-22-20. Actuary; actuarial valuation report; minimum standards for annual municipality contributions to the fund; definitions; actuarial review and audit.

§8-22-20a. Hiring of actuary; preparation of actuarial valuations.

§8-22-21. Duties and bond of custodian of funds.

§8-22-22. Investment of funds by boards of trustees; exercise of discretion in making investments; report of investment plan.

§8-22-22a. Restrictions on investments; diversification of investments; disclosure of fees and costs.

§8-22-23. Rules and regulations as to distribution of funds; proof of age.

§8-22-23a. Eligibility for total and temporary disability pensions and total and permanent disability pensions; reporting; light duty.

§8-22-24. Disability pensions.

§8-22-25. Retirement pensions.

§8-22-25a. Deferred retirement option plans; authorization; requirements; limitations.

§8-22-25b. Right to benefits not subject to execution, etc.; assignments prohibited; deductions for group insurance; setoffs for fraud; exception for certain domestic relations orders; assets exempt from taxes.

§8-22-26. Death benefits.

§8-22-26a. Supplemental pension benefits entitlement; benefit payable; application of section; construction.

§8-22-27. General provisions concerning disability pensions, retirement pensions and death benefits.

§8-22-27a. Correction of errors; underpayments; overpayments.

§8-22-27b. Fraud; penalties; and repayment.

§8-22-28. Period in which payments limited to income from fund; reduced payments where fund insufficient.

§8-22-28a. Distribution of remaining assets in a closed municipal policemen’s or firemen’s pension and relief fund.

§8-22-29. Pension plans for employees of waterworks system, sewerage system or combined waterworks and sewerage system may be continued.

CHAPTER 8, ARTICLE 22A. WEST VIRGINIA MUNICIPAL POLICE OFFICERS AND FIREFIGHTERS RETIREMENT SYSTEM.

§8-22A-1. Title.

§8-22A-2. Definitions.

§8-22A-3. Meaning of terms.

§8-22A-4. Creation and administration of West Virginia Municipal Police Officers and Firefighters Retirement System; specification of actuarial assumptions.

§8-22A-5. Article to be liberally construed; board to administer plan; federal qualification requirements.

§8-22A-6. Members.

§8-22A-7. Creation of fund; investments; actuarial valuations.

§8-22A-8. Members' contributions; employer contributions.

§8-22A-8a. Correction of errors; underpayments; overpayments.

§8-22A-9. Retirement; commencement of benefits; insurance requirements during early period.

§8-22A-10. Federal law maximum benefit limitations.

§8-22A-11. Federal law minimum required distributions.

§8-22A-12. Direct rollovers.

§8-22A-13. Rollovers and transfers to repay withdrawn contributions.

§8-22A-14. Retirement benefits.

§8-22A-15. Annuity options.

§8-22A-16. Refunds to certain members upon discharge or resignation; deferred retirement; preretirement death; forfeitures.

§8-22A-17. Awards and benefits for disability — duty related; exception during early period.

§8-22A-18. Awards and benefits for disability — due to other causes; exception during early period.

§8-22A-19. Same -- Physical examinations; recertification; termination of disability.

§8-22A-20. Awards and benefits to surviving spouse – When member dies in performance of duty, etc.

§8-22A-21. Awards and benefits to surviving spouse – when member dies from nonservice-connected causes.

§8-22A-22. Additional death benefits and scholarships - Dependent children.

§8-22A-23. Burial benefit.

§8-22A-24. Double death benefits prohibited.

§8-22A-25. Right to benefits not subject to execution, etc.; assignments prohibited; deductions for group insurance; setoffs for fraud; exception for certain domestic relations orders; assets exempt from taxes.

§8-22A-26. Fraud; penalties; and repayment.

§8-22A-27. Credit toward retirement for member's military service; qualified military service.

§8-22A-27a. Credit toward retirement for member’s accrued annual or sick leave days.

§8-22A-28. How a municipality or municipal subdivision becomes a participating public employer; duty to request referendum on Social Security coverage.

§8-22A-29. Effective date; special starting date for benefits; provisions governing health care benefits for retirees age fifty to fifty-five.

§8-22A-30. Limitation of employer liability.

§8-22A-31. Benefits not forfeited if system terminates.

§8-22A-32. Membership retroactive in certain circumstances.

§8-22A-33. Special authorization for municipal police or firefighters hired after July 1, 2015.

§8-22A-33a. Second special authorization for municipal police or firefighters hired after July 1, 2015.

§8-22A-34. Return to covered employment by retirant.

§8-22A-35. Severability.

CHAPTER 8, ARTICLE 23. INTERGOVERNMENTAL RELATIONS -- CONTRACTING AND JOINT ENTERPRISES.

§8-23-1. Statement of purpose.

§8-23-2. Definitions.

§8-23-3. Intergovernmental agreements generally.

§8-23-3a. Joint and cooperative undertakings by certain hospitals.

§8-23-4. Filing of intergovernmental agreements.

§8-23-5. Additional approval of intergovernmental agreements required in certain cases.

§8-23-6. Appropriations; furnishing of property, personnel and services.

§8-23-7. Contract between public agencies for one public agency to perform a service, etc., for another public agency.

§8-23-8. Duration of intergovernmental agreements and contracts.

§8-23-9. Construction.

CHAPTER 8, ARTICLE 24. PLANNING AND ZONING.

§8-24-1. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-2. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-3. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-4. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-5. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-6. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-7. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-8. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-9. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-10. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-11. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-12. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-13. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-14. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-15. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-16. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-17. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-18. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-19. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-20. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-21. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-22. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-23. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-24. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-25. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-26. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-27. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-28. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-29. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-30. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-31. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-32. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-33. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-34. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-35. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-36. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-37. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-38. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-39. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-40. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-41. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-42. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-43. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-44. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-45. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-46. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-47. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-48. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-49. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-50. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-50a. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-50b. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-51. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-52. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-53. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-54. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-55. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-56. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-57. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-58. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-59. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-60. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-61. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-62. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-63. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-64. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-65. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-66. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-67. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-68. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-69. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-70. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-71. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-72. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-73. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-73a. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-73b. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-73c. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-73d. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-74. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-74a. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-74b. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-74c. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-75. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-76. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-77. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-78. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-79. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-80. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-81. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-82. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-83. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-84. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-85. Repealed. Acts, 2004 Reg. Sess., Ch. 153.

§8-24-86. Repealed. Acts, 2005 Reg. Sess., Ch. 169.

§8-24-87. Repealed. Acts, 2005 Reg. Sess., Ch. 169.

CHAPTER 8, ARTICLE 25. INTERGOVERNMENTAL RELATIONS -- REGIONAL PLANNING AND DEVELOPMENT.

§8-25-1. Legislative findings and purposes.

§8-25-2. Definitions.

§8-25-3. Powers and duties of Governor generally.

§8-25-4. Delineation of regions and recommendations of Governor thereon; publication of statement fixing regional boundaries; public hearings; certification of regional boundaries; change in boundaries.

§8-25-5. Formation of regional councils; purpose; receipt of funds and assistance; effect on interstate planning commissions and other existing organizations.

§8-25-6. Membership, organization, etc., of regional council; executive committee; officers and personnel.

§8-25-7. Contracts for services, materials, etc.; publication of notice for bids.

§8-25-8. Powers and duties of regional councils generally.

§8-25-9. Review of applications for loans or grants.

§8-25-10. Cooperation of regional council and other planning or development agencies, governmental units and officials.

§8-25-11. Appointment of citizens' advisory committees.

§8-25-12. Annual budget of regional council; contributions by governmental units; deposits and disbursements.

§8-25-13. Annual report of regional council.

§8-25-14. Effect of article upon pending projects and applications.

§8-25-15. Construction of article.

CHAPTER 8, ARTICLE 26. INTERGOVERNMENTAL RELATIONS -- INTERSTATE REGIONAL PLANNING COMMISSIONS.

§8-26-1. Creation of commission; state may be ex officio member.

§8-26-2. "Region" defined.

§8-26-3. Membership and organization of commission; reports and audits.

§8-26-4. Powers and duties of an interstate regional planning commission.

§8-26-5. Appropriations, receipts and expenses.

CHAPTER 8, ARTICLE 26A. MUNICIPAL AND COUNTY HISTORIC LANDMARKS COMMISSIONS.

§8-26A-1. Legislative determinations.

§8-26A-2. Definitions.

§8-26A-3. Legislative intent; conflict between regulations of zoning district and historic district and properties.

§8-26A-4. Municipality or county may establish historic landmarks commission; appointments; detailed provisions to be provided by ordinance or order; appropriation of funds.

§8-26A-5. Powers and duties of commission.

§8-26A-6. Designation; report.

§8-26A-7. Certificate of appropriateness; scope of review; standards of review; review procedures; variances, appeals.

§8-26A-8. Court action or proceedings to prevent improper changes or illegal acts or conduct.

§8-26A-9. Violations of this article; penalties.

§8-26A-10. Notice to county assessor of designation of historic district.

§8-26A-11. Assistance of state agencies; coordination; annual reports.

CHAPTER 8, ARTICLE 27. INTERGOVERNMENTAL RELATIONS -- URBAN MASS TRANSPORTATION SYSTEMS.

§8-27-1. Short title.

§8-27-2. Legislative findings and declaration of policy.

§8-27-3. Definitions.

§8-27-4. Urban mass transportation authorities authorized; authorities to be public corporations.

§8-27-5. Management of authority vested in board; eligibility, appointment, number and term of members; vote of members; vacancies.

§8-27-6. Compensation of members; expenses.

§8-27-7. Meetings of authority; officers; employees; official bonds; records of authority public records.

§8-27-8. Quorum; majority vote required.

§8-27-9. Budget.

§8-27-10. Powers and duties of authorities generally.

§8-27-10a. Smoking on vehicles prohibited; posting of signs required; criminal penalties.

§8-27-11. Contributions to authorities; funds and accounts of authorities; reports; audit by State Tax Department.

§8-27-12. Study and plan of operation; notice and hearing; adoption of transportation plan.

§8-27-13. Resolution authorizing acquisition or construction of urban mass transportation system.

§8-27-14. Bonds generally.

§8-27-15. Trust indenture generally.

§8-27-16. Sinking fund; West Virginia Municipal Bond Commission; purchase of outstanding bonds.

§8-27-17. Remedies of bondholders.

PART VII. PUBLIC SERVICE COMMISSION. §8-27-18. Repealed. Acts, 1976 Reg. Sess., Ch. 85.

§8-27-19. Indebtedness of authorities.

§8-27-20. Exemption from taxation.

§8-27-21. Protection of employees of existing transportation systems.

§8-27-21a. Federal grants; wage deductions.

§8-27-22. Conflict of interest.

§8-27-23. Competitive bids; publication of solicitation for sealed bids.

§8-27-24. Bonds made legal investments.

§8-27-25. Article constitutes complete authority; liberal construction.

§8-27-26. Dissolution of authority; disposition of assets after payment of debts.

§8-27-27. Employees to be covered by workers' compensation.

CHAPTER 8, ARTICLE 27A. INTERGOVERNMENTAL RELATIONS -- ALTERNATIVE FUEL VEHICLES.

§8-27A-1. Definitions.

§8-27A-2. Purchase or lease of fleet vehicles; use of alternative fuels.

§8-27A-3. Prohibition of subsidies or incentive payments.

CHAPTER 8, ARTICLE 28. INTERGOVERNMENTAL RELATIONS -- AIRPORTS AND AVIGATION.

§8-28-1. Definitions.

§8-28-2. Establishment, lease and operation of airports by municipalities and counties; jurisdiction of county court.

§8-28-3. Acquisition of property for airport; payment therefor.

§8-28-4. Construction, maintenance and operation of airport; expenses; rules and regulations and fees.

§8-28-5. Rules and regulations to control vehicular and pedestrian traffic within quarter mile of airport; violation of rule and regulation a misdemeanor; penalty.

§8-28-6. Airports maintained jointly; abandonment and sale thereof; suits concerning disposition, etc., of airport.

§8-28-7. State and political subdivisions empowered and authorized to lease airports and grounds to others.

§8-28-8. Levy for airport; funds for its maintenance and operation.

§8-28-9. Construction, maintenance and operation of airports by municipalities of an adjoining state; acquisition of property therefor; property tax exempt.

CHAPTER 8, ARTICLE 29. INTERGOVERNMENTAL RELATIONS -- REGIONAL AIRPORTS.

§8-29-1. Airport authorities authorized; definitions.

§8-29-2. Authorities to be public corporations.

§8-29-3. Authorities empowered and authorized to acquire, operate, etc., airports and develop industrial parks; state aeronautics commission.

§8-29-4. Management of authority vested in members; appointment and terms of members; vote of members; valuation of property contributed to an authority; participation by additional municipalities or counties without state.

§8-29-5. Substitution of members.

§8-29-6. Qualification of members.

§8-29-7. Compensation of members.

§8-29-8. Powers of authorities generally.

§8-29B-8a. Abandoned or derelict aircraft.

§8-29-9. Rules and regulations to control vehicular and pedestrian traffic within quarter mile of airport; violation of rule and regulation a misdemeanor; penalty.

§8-29-10. Indebtedness of authorities.

§8-29-11. Agreements in connection with obtaining funds.

§8-29-12. Authorities to have right of eminent domain.

§8-29-13. Property, bonds and obligations of authorities exempt from taxation.

§8-29-14. Authorities may lease facilities.

§8-29-15. Disposition of surplus of authorities.

§8-29-16. Contributions to authorities; funds and accounts of authorities.

§8-29-17. Participation.

§8-29-18. Dissolution of authority; disposition of assets after payment of debts.

§8-29-19. Employees to be covered by workmen's compensation.

§8-29-20. Liberal construction of article.

CHAPTER 8, ARTICLE 29A. COUNTY AIRPORT AUTHORITIES.

§8-29A-1. County airport authority authorized as public agency.

§8-29A-2. Appointment of members; powers and duties; compensation; terms; removal or replacement.

§8-29A-3. Powers generally.

§8-29A-4. Funds; accounting; reporting.

§8-29A-5. Full-time employees of the authority to be public employees.

§8-29A-6. Authority may incur indebtedness; county not liable for indebtedness.

§8-29A-7. Exemption from taxes; payment for portion used as industrial park.

§8-29A-8. County commission authorized to convey present airport properties and facilities to the authority.

§8-29A-9. Disposition of surplus.

§8-29A-10. Procedure for dissolution of authority.

§8-29A-11. Purpose of article; liberal construction; article cumulative.

§8-29A-12. Repealed. Acts, 1991 Reg. Sess., Ch. 113.

§8-29A-13. Repealed. Acts, 1991 Reg. Sess., Ch. 113.

§8-29A-14. Repealed. Acts, 1991 Reg. Sess., Ch. 113.

§8-29A-15. Repealed. Acts, 1991 Reg. Sess., Ch. 113.

§8-29A-16. Repealed. Acts, 1991 Reg. Sess., Ch. 113.

§8-29A-17. Repealed. Acts, 1991 Reg. Sess., Ch. 113.

§8-29A-18. Repealed. Acts, 1991 Reg. Sess., Ch. 113.

§8-29A-19. Repealed. Acts, 1991 Reg. Sess., Ch. 113.

§8-29A-20. Repealed. Acts, 1991 Reg. Sess., Ch. 113.

§8-29A-21. Repealed. Acts, 1991 Reg. Sess., Ch. 113.

CHAPTER 8, ARTICLE 29B. AIRPORT SECURITY.

§8-29B-1. Legislative findings and purpose.

§8-29B-2. Definitions.

§8-29B-3. Rules and regulations; penalties.

§8-29B-4. Arrangements for airport police officers; uniform and badge; firearm required.

§8-29B-5. Jurisdiction of airport police officers; insurance coverage; bonds.

§8-29B-6. Required security measures.

CHAPTER 8, ARTICLE 30. INTERGOVERNMENTAL RELATIONS -- FLOOD CONTROL PROJECTS.

§8-30-1. Establishment and operation of flood control projects by municipalities and counties.

CHAPTER 8, ARTICLE 31. INTERGOVERNMENTAL RELATIONS -- FRANCHISE OBLIGATIONS.

§8-31-1. Conditions to granting of franchise by governing body or county court; term of franchise; Public Service Commission power and authority not affected.

§8-31-2. Compelling compliance with franchise obligations; damages; forfeiture.

CHAPTER 8, ARTICLE 32. INTERGOVERNMENTAL RELATIONS - CONTRIBUTIONS TO OR INVOLVEMENT WITH NONSTOCK, NONPROFIT CORPORATIONS OR HEALTH INSTITUTIONS FOR PUBLIC PURPOSES.

§8-32-1. Legislative findings; authority of municipalities and counties to make appropriations, conveyances or leases; limitations and restrictions.

§8-32-2. Membership and participation in area development corporations.

§8-32-3. Power to secure federal grants for certain nonprofit organizations.

§8-32-4. Legislative findings; authority of municipalities and county commissions to make appropriations; limitations and restrictions.

§8-32-5. Legislative findings; authority of municipalities and counties to make appropriations for the celebration of historical and commemorative events; limitations and restrictions.

CHAPTER 8, ARTICLE 33. INTERGOVERNMENTAL RELATIONS -- BUILDING COMMISSIONS.

§8-33-1. Municipal, county and municipal-county building commissions authorized; reference to county courts and county commissions.

§8-33-2. Commissions are public corporations.

§8-33-3. Authority vested in board; composition of board; appointment; qualifications and terms of members; vacancies; reimbursement of expenses.

§8-33-4. Powers.

§8-33-4a. Issuance of pension funding revenue bonds to fund a pension funding program.

§8-33-4b. Approval of municipal pension oversight board of certain pension funding revenue bonds; propose rules.

§8-33-5. Indebtedness of commission.

§8-33-6. Disposition of surplus of commission.

§8-33-7. Property, bonds and obligations of commissions exempt from taxation.

§8-33-8. Contributions to commissions; funds and accounts of commissions; reports; audits.

§8-33-9. Authority to convey or transfer property to commission.

§8-33-10. Sale of property by commission.

§8-33-11. Workers' compensation.

§8-33-12. Liberal construction.

CHAPTER 8, ARTICLE 34. JUDICIAL REVIEW.

§8-34-1. General right of appeal; recordation of jury trial; preparation of record.

CHAPTER 8, ARTICLE 35. DISSOLUTION OF MUNICIPALITIES.

§8-35-1. Forfeiture of charter or certificate of incorporation; notice; dissolution of municipality.

§8-35-2. Voluntary dissolution of Class III city or Class IV town or village.

CHAPTER 8, ARTICLE 36. CONSTITUTIONALITY AND SEVERABILITY.

§8-36-1. Constitutionality and severability.

CHAPTER 8, ARTICLE 37. MUNICIPAL FINANCIAL STABILIZATION FUND ACT.

§8-37-1. Short title.

§8-37-2. Findings and declarations.

§8-37-3. Budget stabilization fund; creation; appropriation; maximum.

§8-37-4. Fund investment; usage.

CHAPTER 8, ARTICLE 38. MUNICIPAL ECONOMIC OPPORTUNITY DEVELOPMENT DISTRICTS.

§8-38-1. Short title.

§8-38-2. Legislative findings and declaration of purpose.

§8-38-3. Definitions.

§8-38-4. Authorization to create economic opportunity development districts.

§8-38-5. Development expenditures.

§8-38-6. Notice; hearing.

§8-38-7. Application to Development Office for approval of an economic opportunity development district project.

§8-38-8. Establishment of the Economic Opportunity Development District Fund.

§8-38-9. Authorization to levy special district excise tax.

§8-38-10. Ordinance to create district as approved by Development Office and authorized by the Legislature.

§8-38-11. District board; duties.

§8-38-12. Special district excise tax authorized.

§8-38-13. Requisition of district subaccount funds.

§8-38-14. Modification of included area; notice; hearing.

§8-38-15. Abolishment and dissolution of district; notice; hearing.

§8-38-16. Bonds issued to finance economic opportunity development district projects.

§8-38-17. Security for bonds.

§8-38-18. Redemption of bonds.

§8-38-19. Refunding bonds.

§8-38-20. Use of proceeds from sale of bonds.

§8-38-21. Bonds made legal investments.

§8-38-22. Exemption from taxation.

§8-38-23. Joint economic opportunity development districts.

§8-38-24. Application by Division of Highways.

CHAPTER 8, ARTICLE 39. MUNICIPAL WEBSITES.

§8-39-1. Accessible municipal records; required information.

CHAPTER 8A. LAND USE PLANNING.

CHAPTER 8A, ARTICLE 1. GENERAL PROVISIONS.

§8A-1-1. Legislative findings.

§8A-1-2. Definitions.

CHAPTER 8A, ARTICLE 2. PLANNING COMMISSIONS.

§8A-2-1. Planning commissions authorized.

§8A-2-2. Continuation of established planning commissions.

§8A-2-3. Municipal planning commission.

§8A-2-4. County planning commission.

§8A-2-5. Multicounty planning commission, regional planning commission or joint planning commission.

§8A-2-6. Sharing planning commissions.

§8A-2-7. Planning commission meetings.

§8A-2-8. Quorum.

§8A-2-9. Officers.

§8A-2-10. Governing body's duties.

§8A-2-11. Planning commission's powers and duties.

CHAPTER 8A, ARTICLE 3. COMPREHENSIVE PLAN.

§8A-3-1. Purpose and goals of a comprehensive plan.

§8A-3-2. Study guidelines for a comprehensive plan.

§8A-3-3. Authority for planning commission.

§8A-3-4. Mandatory components of a comprehensive plan.

§8A-3-5. Optional components of a comprehensive plan.

§8A-3-6. Notice and public participation requirement for a comprehensive plan.

§8A-3-7. Submission of comprehensive plan.

§8A-3-8. Adoption of comprehensive plan by governing body.

§8A-3-9. Filing the comprehensive plan.

§8A-3-10. Rejection or amendment of comprehensive plan by governing body.

§8A-3-11. Amending comprehensive plan after adoption.

§8A-3-12. Validation of prior comprehensive plans.

§8A-3-13. Intergovernmental cooperation.

§8A-3-14. Jurisdiction of municipal planning commission.

CHAPTER 8A, ARTICLE 4. SUBDIVISION AND LAND DEVELOPMENT ORDINANCE.

§8A-4-1. Subdivision and land development ordinances authorized.

§8A-4-2. Contents of subdivision and land development ordinance.

§8A-4-3. Enactment of subdivision and land development ordinance.

§8A-4-4. Filing the subdivision and land development ordinance.

§8A-4-5. Amendments to the subdivision and land development ordinance.

§8A-4-6. Effect of adopted subdivision and land development ordinance.

§8A-4-7. Validation of prior subdivision and land development ordinance.

CHAPTER 8A, ARTICLE 5. SUBDIVISION OR LAND DEVELOPMENT PLAN AND PLAT.

§8A-5-1. Jurisdiction of planning commissions.

§8A-5-2. Requirements for a minor subdivision or land development.

§8A-5-3. Application for minor subdivision or land development.

§8A-5-4. Approval of minor subdivision or land development plans and plats.

§8A-5-5. Recording of minor subdivision or land development plat.

§8A-5-6. Application for major subdivision or land development.

§8A-5-7. Contents of a major subdivision or land development plan and plat.

§8A-5-8. Approval of major subdivision or land development plans and plats.

§8A-5-9. Recording of major subdivision or land development plat.

§8A-5-10. Appeal process.

§8A-5-11. Effect of approval of land development plans and plats.

§8A-5-12. Vested property right.

CHAPTER 8A, ARTICLE 6. METHODS OF SECURITY.

§8A-6-1. Bond requirements.

§8A-6-2. Conditions as part of final plat approval.

§8A-6-3. Enforcement and guarantees.

CHAPTER 8A, ARTICLE 7. ZONING ORDINANCE.

§8A-7-1. Authority for zoning ordinance.

§8A-7-2. Contents of zoning ordinance.

§8A-7-3. Zoning -- Generally.

§8A-7-4. Study and report on zoning.

§8A-7-5. Enactment of zoning ordinance.

§8A-7-6. Filing the zoning ordinance.

§8A-7-7. Election on a zoning ordinance.

§8A-7-8. Amendments to the zoning ordinance by the governing body.

§8A-7-8a. Requirements for adopting an amendment to the zoning ordinance.

§8A-7-9. Amendments to the zoning ordinance by petition.

§8A-7-10. Effect of enacted zoning ordinance.

§8A-7-11. Variance.

§8A-7-12. Validation of prior zoning ordinance.

§8A-7-13. Process to replace nontraditional zoning ordinance.

CHAPTER 8A, ARTICLE 8. BOARD OF ZONING APPEALS.

§8A-8-1. Board of zoning appeals authorized.

§8A-8-2. Continuation of established boards of zoning appeals.

§8A-8-3. Municipal board of zoning appeals.

§8A-8-4. County board of zoning appeals.

§8A-8-5. Board of zoning appeals meetings.

§8A-8-6. Quorum.

§8A-8-7. Officers.

§8A-8-8. Governing body's duties.

§8A-8-9. Powers and duties of board of zoning appeals.

§8A-8-10. Appeal to board of zoning appeals.

§8A-8-11. Notice and hearing of appeal.

§8A-8-12. Stays; exception.

CHAPTER 8A, ARTICLE 9. APPEAL PROCESS.

§8A-9-1. Petition for writ of certiorari.

§8A-9-2. Notice to adverse parties.

§8A-9-3. Court action on petition.

§8A-9-4. Stay of work on allowance of writ.

§8A-9-5. Return to writ.

§8A-9-6. Action by circuit court or judge.

§8A-9-7. Appeal from final judgment of circuit court or judge.

CHAPTER 8A, ARTICLE 10. ENFORCEMENT PROVISIONS.

§8A-10-1. Enforcement.

§8A-10-2. Penalty.

§8A-10-3. Injunction.

§8A-10-4. Special provisions.

§8A-10-5. General repealer.

CHAPTER 8A, ARTICLE 11. SPECIAL PROVISIONS.

§8A-11-1. Standards for factory-built homes.

§8A-11-2. Permitted use for group residential facility.

CHAPTER 8A, ARTICLE 12. VOLUNTARY FARMLAND PROTECTION PROGRAMS.

§8A-12-1. Legislative findings and purpose.

§8A-12-2. County farmland protection programs and farmland protection boards authorized; authority of county commission to approve purchase of farmland easements; expense reimbursement of actual expenses for the board members.

§8A-12-3. Content and requirements of farmland protection programs.

§8A-12-4. Farmland protection boards -- appointment, composition, terms.

§8A-12-5. Farmland protection boards -- powers.

§8A-12-6. Farmland protection board duties.

§8A-12-7. West Virginia agricultural land protection authority -- established.

§8A-12-8. West Virginia agricultural land protection authority -- board of trustees.

§8A-12-9. West Virginia agricultural land protection authority -- powers.

§8A-12-10. West Virginia agricultural land protection authority -- duties.

§8A-12-11. Definitions.

§8A-12-12. Methods of farmland protection.

§8A-12-13. Offer of conservation or preservation easements.

§8A-12-14. Value of conservation or preservation easement.

§8A-12-15. Criteria for acquisition of conservation and preservation easements by county farmland protection boards and the authority.

§8A-12-16. Use of land for which conservation or preservation easement acquired.

§8A-12-17. Funding of farmland protection programs.

§8A-12-18. Disbursements by the authority to county farmland protection boards.

§8A-12-19. Classification of land subject to conservation or preservation easement.

§8A-12-20. Authorization for commissioner of agriculture to promulgate proposed rules.

§8A-12-21. Tax on privilege of transferring real property.

CHAPTER 8A, ARTICLE 13. LOCAL PERMITTING DEADLINES.

§8A-13-1. Definition.

§8A-13-2. Deadline.

§8A-13-3. Extension.

§8A-13-4. Applicability.

CHAPTER 9. HUMAN SERVICES.

CHAPTER 9, ARTICLE 1. LEGISLATIVE PURPOSE AND DEFINITIONS.

§9-1-1. Legislative purpose.

§9-1-2. Definitions.

CHAPTER 9, ARTICLE 2. COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND RESPONSIBILITIES GENERALLY.

§9-2-1. Department of Human Services.

§9-2-1a. Department of Health and Human Resources.

§9-2-2. Secretary to be administrative head of department; appointment; not to hold other office or engage in political activity.

§9-2-3. Acceptance of federal-state assistance and federal assistance.

§9-2-3a. Authorized exemption from federal law; exceptions.

§9-2-4. Organization of department of welfare.

§9-2-5. Administering the state assistance programs; information and data to be supplied by other agencies.

§9-2-6. Secretary of Department of Human Services; powers and duties.

§9-2-6a. Secretary to develop caseload standards; committee; definitions.

§9-2-7. State's participation in federal work incentive program.

§9-2-8. Information and referral services.

§9-2-9. Secretary to develop Medicaid monitoring and case management.

§9-2-9a. Agreements between the Secretary and three higher education institutions.

§9-2-9b. Repealed. Acts, 2013 Reg. Sess., Ch. 100.

§9-2-9c. Behavioral Mental Health Services Fund created.

§9-2-10. Collection of copayments by health care providers; penalties.

§9-2-11. Limitation on use of funds.

§9-2-12. Coverage for patient cost of clinical trials.

§9-2-12a. Definitions.

§9-2-13. Judicial review of decisions of contested cases.

CHAPTER 9, ARTICLE 3. APPLICATION FOR AND GRANTING OF ASSISTANCE.

§9-3-1. Application for and granting of federal-state or federal assistance.

§9-3-2. Application for and granting of state assistance.

§9-3-3. Making application, investigation and grant.

§9-3-4. Assignment of support obligations.

§9-3-5. Services to persons not otherwise eligible.

§9-3-6. Program for drug screening of applicants for cash assistance.

CHAPTER 9, ARTICLE 4. STATE ADVISORY BOARD; MEDICAL SERVICES FUND; ADVISORY COUNCIL; GENERAL RELIEF FUND.

§9-4-1. Repealed. Acts, 2005 Reg. Sess., Ch. 120.

§9-4-2. Medical services fund.

§9-4-3. Advisory council.

§9-4-4. State general relief fund.

CHAPTER 9, ARTICLE 4A. MEDICAID UNCOMPENSATED CARE FUND.

§9-4A-1. Legislative findings.

§9-4A-2. Creation of Medicaid uncompensated care fund.

§9-4A-2a. Medical services trust fund.

§9-4A-2b. Expansion of coverage to children and terminally ill.

§9-4A-3. Repealed. Acts, 2000 Reg. Sess., Ch. 45.

§9-4A-4. Legislative reports.

CHAPTER 9, ARTICLE 4B. PHYSICIAN/MEDICAL PRACTITIONER PROVIDER MEDICAID ACT.

§9-4B-1. Definitions.

§9-4B-2. Physician/medical practitioner provider Medicaid enhancement board; continuation and composition.

§9-4B-3. Expenses for citizen members.

§9-4B-4. Powers and duties.

§9-4B-5. Repealed. Acts, 1993 1st Ex. Sess., Ch. 7.

§9-4B-6. Repealed. Acts, 1993 1st Ex. Sess., Ch. 7.

§9-4B-7. Effective date.

§9-4B-8. Repealed. Acts, 1993 1st Ex. Sess., Ch. 7.

CHAPTER 9, ARTICLE 4C. HEALTH CARE PROVIDER MEDICAID ENHANCEMENT ACT.

§9-4C-1. Definitions.

§9-4C-2. General Medicaid enhancement board.

§9-4C-3. Dentist provider Medicaid enhancement board.

§9-4C-4. Ambulance service provider Medicaid enhancement board.

§9-4C-5. Facility providers' Medicaid enhancement board.

§9-4C-6. Expenses for citizen members.

§9-4C-7. Powers and duties.

§9-4C-8. Duties of Secretary of Department of Human Services.

§9-4C-9. Repealed. Acts, 1993 1st Ex. Sess., Ch. 7.

§9-4C-10. Repealed. Acts, 1993 1st Ex. Sess., Ch. 7.

§9-4C-11. Effective date.

§9-4C-12. Repealed. Acts, 1993 1st Ex. Sess., Ch. 7.

CHAPTER 9, ARTICLE 4D. MEDICAID BUY-IN PROGRAM.

§9-4D-1. Legislative findings.

§9-4D-2. Definitions.

§9-4D-3. Medicaid buy-in program; funding.

§9-4D-4. Eligibility guidelines.

§9-4D-5. Exceptions to qualifying factors.

§9-4D-6. Fees, premiums and periodic reviews.

§9-4D-7. Benefits of the Medicaid buy-in program.

§9-4D-8. Analytical criteria and reporting requirements.

§9-4D-9. Advisory council; rules.

CHAPTER 9, ARTICLE 4E. LONG-TERM CARE PARTNERSHIP PROGRAM.

§9-4E-1. Purpose.

§9-4E-2. Definitions.

§9-4E-3. Authority.

CHAPTER 9, ARTICLE 5. MISCELLANEOUS PROVISIONS.

§9-5-1. Exemption of grants from certain taxes and claims.

§9-5-2. Release of liens and reassignment of insurance policies.

§9-5-3. Recipient of assistance not a pauper.

§9-5-4. Penalties for false statements, etc.

§9-5-5. Recipients of cash grants.

§9-5-6. Attorney general and prosecuting attorneys to render legal services to commissioner.

§9-5-7. Visitation by county employees.

§9-5-8. Authority to examine witnesses, administer oaths and take affidavits.

§9-5-8a. Authority to subpoena witnesses and documents when investigating the provision of medical assistance programs.

§9-5-8b. Authority of Investigations and Fraud Management Division to subpoena witnesses and documents.

§9-5-9. Direct cremation or direct burial expenses for indigent persons.

§9-5-10. Continuation of present aid; contributions by counties.

§9-5-11. Definitions; Assignment of rights; right of subrogation by the department for third-party liability; notice requirement for claims and civil actions; notice requirement for settlement of third-party claim; penalty for failure to notify the department; provisions related to trial; attorneys fees; class actions and multiple plaintiff actions not authorized; and Secretary's authority to settle.

§9-5-11a. Notice of action or claim.

§9-5-11b. Release of information.

§9-5-11c. Right of the department to recover medical assistance.

§9-5-12. Medicaid program; maternity and infant care.

§9-5-12a. Medicaid program; dental care.

§9-5-13. Pilot program for certain aid recipients seeking self-employment.

§9-5-14. Medicaid program; health care facilities financed by bonds; rules regarding reimbursement of capital costs.

§9-5-15. Medicaid program; preferred drug list and drug utilization review.

§9-5-16. Medicaid program; legislative purpose; health care provider reimbursement study by department; hearings; report.

§9-5-16a. Medicaid-certified nursing homes; screening of applicants and residents for mental illness; reimbursement of hospitals.

§9-5-17. Nonprofit agency or facility, in receipt of Medicaid moneys, shall provide annual accounting of gross receipts and disbursements including salaries.

§9-5-18 Repealed Acts, 2018 Reg. Sess., Ch. 120.  

§9-5-19. Summary review for certain behavioral health facilities and services.

§9-5-20. Medicaid program; chronic kidney disease; evaluation and classification.

§9-5-21. Annual report to joint committee on government and finance regarding treatment for autism spectrum disorders provided by the Bureau for Medical Services.

§9-5-22. Medicaid managed care reporting.

§9-5-23. Bureau of Medical Services information.

§9-5-24. Requiring substance abuse treatment providers to give pregnant woman priority access to services.

§9-5-25. Medicaid program compact.

§9-5-26. Supplemental Medicare and Medicaid reimbursement.

§9-5-27. Transitioning foster care into managed care.

§9-5-28. Requirement for telehealth rates.

§9-5-29. Department of Human Services to develop outcome measures for substance use disorder; develop a quality withhold program; and develop and implement plan for day one enrollment of Medicaid enrollees.

§9-5-29a. Prohibition against payments to certain residential substance use disorder facilities; Requirement for licensure and accreditation; and rulemaking.

§9-5-30. Certified community behavioral health clinics.

§9-5-31. Commissioner to conduct study.

§9-5-32. Prior authorization.

§9-5-33. Managed care organization contracts exempt from purchasing requirements; providing for exceptions.

CHAPTER 9, ARTICLE 6. SOCIAL SERVICES FOR ADULTS.

§9-6-1. Definitions.

§9-6-2. Adult protective services; immunity from civil liability; rules; organization and duties.

§9-6-3. Cooperation among agencies; termination and reduction of assistance by commissioner.

§9-6-4. Action to abate abuse, neglect, emergency, or financial exploitation.

§9-6-5. Emergency immediate remedial treatment; procedure.

§9-6-6. Payment and termination of payment for services to a vulnerable adult.

§9-6-7. Comprehensive system of adult protective services; compulsory assistance prohibited.

§9-6-8. Confidentiality of records.

§9-6-9. Mandatory reporting of incidences of abuse, neglect, financial exploitation, or emergency situation.

§9-6-9a. Mandatory reporting suspected of animal cruelty by adult protective service workers.

§9-6-10. Mandatory reporting to medical examiner or coroner; postmortem investigation.

§9-6-11. Reporting procedures.

§9-6-12. Reporting person's immunity from liability.

§9-6-13. Abrogation of privileged communications.

§9-6-14. Failure to report; penalty.

§9-6-15. Repealed. Acts, 1997 Reg. Sess., Ch. 72.

§9-6-16. Compelling production of information.

CHAPTER 9, ARTICLE 7. FRAUD AND ABUSE IN THE MEDICAID PROGRAM.

§9-7-1. Legislative purpose and findings; powers and duties of fraud control unit; transfer to the Office of the Attorney General; legislative report.

§9-7-2. Definitions.

§9-7-3. Investigations; procedure.

§9-7-3a. Agency lawyers assisting prosecutors.

§9-7-4. Applications for medical assistance; false statements or representations; criminal penalties.

§9-7-5. Bribery; false claims; conspiracy; criminal penalties; failure to maintain records.

§9-7-5a. Venue for criminal offenses.

§9-7-6. Civil remedies; statute of limitations.

§9-7-6a. Liability of employees of the department; Office of the Attorney General.

§9-7-7. Licensing of vehicles for use by the Medicaid fraud control unit.

§9-7-8. Remedies and penalties not exclusive.

§9-7-9. Severability.

CHAPTER 9, ARTICLE 8. ELIGIBILITY AND FRAUD REQUIREMENTS FOR PUBLIC ASSISTANCE.

§9-8-1. Definitions.

§9-8-2. Work requirements.

§9-8-3. Income and identity verification.

§9-8-4. Eligibility verification.

§9-8-5. Identity authentication.

§9-8-6. Case review.

§9-8-7. Notice and right to be heard.

§9-8-8. Referrals for fraud, misrepresentation or inadequate documentation.

§9-8-9. Reporting to the Governor and Legislature.

§9-8-10. Prohibitions on use of electronic benefit transfer cards.

§9-8-11. Tracking out-of-state spending.

§9-8-12. Rulemaking.

CHAPTER 9, ARTICLE 9. WV WORKS ACT.

§9-9-1. Short title.

§9-9-2. Legislative findings; purpose.

§9-9-3. Definitions.

§9-9-4. Authorization for program.

§9-9-5. WV works program fund.

§9-9-6. Program participation.

§9-9-7. Work requirements.

§9-9-8. Exemptions.

§9-9-9. Personal responsibility contract.

§9-9-10. Participation limitation; exceptions.

§9-9-11. Breach of contract; notice; sanctions.

§9-9-12. Diversionary assistance allowance in lieu of monthly cash assistance.

§9-9-13. Subsidized employment.

§9-9-14. Transitional assistance.

§9-9-15. Interagency coordination.

§9-9-16. Intergovernmental coordination.

§9-9-17. Public-private partnerships.

§9-9-18. Relationship with other law.

§9-9-19. Legislative oversight.

§9-9-20. Confidentiality, fines and penalties.

§9-9-21. West Virginia Works Separate State College Program; eligibility; special revenue account.

§9-9-22. West Virginia Works Separate State Two-Parent Families Program.

CHAPTER 9, ARTICLE 10. WEST VIRGINIA TRAUMATIC BRAIN AND SPINAL CORD INJURY REHABILITATION FUND.

§9-10-1. Definitions.

§9-10-2. Fund continued under department.

§9-10-3. Administration of Fund; administrative fees; Fund use.

§9-10-4. Criteria and priorities for use of Fund.

§9-10-5. Promulgation of legislative rules.

§9-10-6. Legislative Audit.

CHAPTER 9A. VETERANS' AFFAIRS.

CHAPTER 9A, ARTICLE 1. DEPARTMENT OF VETERANS' ASSISTANCE.

§9A-1-1. Creation and general purposes.

§9A-1-1a. Department of Veterans' Assistance; office of Secretary of Department of Veterans' Assistance.

§9A-1-1b. Powers and duties of the secretary.

§9A-1-1c. Reports by secretary.

§9A-1-1d. Right of appeal from interference with functioning of agency.

§9A-1-2. Veterans Council; administration of department.

§9A-1-2a. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§9A-1-3. Appointment of veterans' council members; term of office; removal.

§9A-1-4. Duties and functions of Veterans' Council; appointment of secretary; honoring academic achievement at military academies.

§9A-1-5. Compensation to and expenses of Secretary and Veterans' Council members; meetings of Veterans' Council.

§9A-1-6. Oaths.

§9A-1-7. Definitions.

§9A-1-8. Offices.

§9A-1-9. Duties of department.

§9A-1-10. Powers and duties of secretary.

§9A-1-11. Establishment of veterans facilities support fund; authorized expenditures.

§9A-1-11a. Establishment of Veterans Cemetery Fund.

§9A-1-12. Legal assistance.

§9A-1-13. Repealed. Acts, 2014 Reg. Sess., Ch. 186.

§9A-1-14. Repealed. Acts, 2014 Reg. Sess., Ch. 186.

§9A-1-15. Repealed. Acts, 2014 Reg. Sess., Ch. 186.

§9A-1-16. West Virginia veterans service decoration; West Virginia Service Cross.

CHAPTER 9A, ARTICLE 2. STATE HOMES FOR VETERANS.

§9A-2-1. State homes for veterans.

§9A-2-2. Funds collected from the federal government; others sources; use of funds.

§9A-2-3. Powers of division of veterans' affairs.

§9A-2-4. Repealed. Acts, 1975 Reg. Sess., Ch. 211.

CHAPTER 9A, ARTICLE 3. STATE CEMETERY FOR VETERANS.

§9A-3-1. Department empowered to establish and maintain cemetery.

§9A-3-2. Department to promulgate rules and regulations and make facilities available.

CHAPTER 9A, ARTICLE 4. VETERANS EMPLOYMENT TRAINING PRIORITY.

§9A-4-1. Purpose.

§9A-4-2. Definitions.

§9A-4-3. Program eligibility.

§9A-4-4. Application for priority of services.

§9A-4-5. Priority of services.

§9A-4-6. Federal law.

CHAPTER 9A, ARTICLE 5. AID TO AT-RISK VETERANS.

§9A-5-1. Legislative finding and purpose.

§9A-5-2. Assistance to at-risk veterans; partnerships.

§9A-5-3. Grant-making authority.

CHAPTER 9A, ARTICLE 6. WEST VIRGINIA MILITARY HALL OF FAME.

§9A-6-1. West Virginia Military Hall of Fame.

CHAPTER 10. PUBLIC LIBRARIES; PUBLIC RECREATION; ATHLETIC ESTABLISHMENTS; MONUMENTS AND MEMORIALS; ROSTER OF SERVICEMEN; EDUCATIONAL BROADCASTING AUTHORITY.

CHAPTER 10, ARTICLE 1. PUBLIC LIBRARIES.

§10-1-1. "Public library" and "governing authority" defined.

§10-1-2. Power of governing authority to establish and maintain libraries; financing.

§10-1-3. Regional library defined; apportionment of regional library expenses.

§10-1-3a. Authority of regional library board to disburse funds.

§10-1-4. Contract with existing public library.

§10-1-5. Board of library directors -- Qualifications; term of office; vacancies; removal; no compensation.

§10-1-6. Board of library directors -- Powers and duties.

§10-1-7. Free use of libraries.

§10-1-8. Annual report.

§10-1-9. Library board to be a corporation; vesting of title to bequests or donations.

§10-1-9a. Fees, service and rental charges; fines; sale of surplus or obsolete materials or equipment; deposit and disbursement of receipts.

§10-1-10. Injury to library property; penalty.

§10-1-11. Willful retention of library property.

§10-1-11a. Effect of article on existing laws.

§10-1-12. State Library Commission.

§10-1-13. State Library Commission – officers.

§10-1-14. Same. – Powers and duties.

§10-1-14a. West Virginia Program for Open Education Resources; material description.

§10-1-15. State Library Commission – Disposition of monetary gifts.

§10-1-16. Regional libraries and library areas – Establishment and location.

§10-1-17. Regional libraries and library areas – Referral of plan to county courts; action on; alteration of plan.

§10-1-18. Regional libraries and library areas — Powers of West Virginia Library Commission.

§10-1-18a. Establishment of state publications; designation clearinghouse; definitions; powers of West Virginia Library Commission; designations by state agencies.

§10-1-19. Regional libraries and library areas – Transfer of certain libraries to Library Commission.

§10-1-20. Aid to libraries by Library Commission.

§10-1-21. Collection of and preservation of library data; surveys; employment of personnel; use of data.

§10-1-22. Confidential nature of certain library records.

§10-1-23. Library Survey; status report; and ten-year plan.

§10-1-24. Library Facilities Improvement Fund.

CHAPTER 10, ARTICLE 1A. INTERSTATE LIBRARY COMPACT.

§10-1A-1. Enactment of compact.

§10-1A-2. Restrictions relating to outlay of public funds.

§10-1A-3. State library agency defined.

§10-1A-4. Interstate library districts; state and federal aid.

§10-1A-5. Compact administrator.

§10-1A-6. Withdrawal.

CHAPTER 10, ARTICLE 2. PUBLIC RECREATION AND PLAYGROUNDS.

§10-2-1. Definitions.

§10-2-2. Authority to establish and conduct public recreation; levy.

§10-2-3. Joint establishment and administration by two or more governing bodies.

§10-2-4. Recreation department or board.

§10-2-4a. Public corporation may be created; name; dissolution; powers; authority; annual accounting; debts prohibited; general powers; bonded officers or employees.

§10-2-5. Article not to affect powers granted by charter or special act.

CHAPTER 10, ARTICLE 2A. ATHLETIC ESTABLISHMENTS.

§10-2A-1. Definitions.

§10-2A-2. Authority to establish and operate athletic establishments; bonds to pay costs.

§10-2A-2a. Joint establishment and operation of athletic establishment.

§10-2A-3. Construction, etc., to be under control of board or committee appointed by board.

§10-2A-4. Powers of board; contracts; employees.

§10-2A-5. Preliminary expenses.

§10-2A-6. Resolution for construction, etc., of establishment; notice and hearing.

§10-2A-7. Acquisition of property or establishments; eminent domain.

§10-2A-8. Bonds for improvements and extension of existing athletic establishments.

§10-2A-9. Items of expense included in cost of athletic establishment.

§10-2A-10. Bonds to be payable from special fund; exemption from taxation.

§10-2A-11. Interest rate and life of bonds; redemption; how payable; form; denominations; negotiability; surplus funds; additional bonds authorized; interim certificates.

§10-2A-12. Obligations not to bind member of board personally.

§10-2A-13. Additional bonds for extension or improvement of athletic establishments.

§10-2A-14. How proceeds of bonds applied; lien.

§10-2A-15. Bonds secured by trust indenture between board and corporate trustees.

§10-2A-16. Sinking fund.

§10-2A-17. Charges and rentals for use of athletic establishment.

§10-2A-18. Accounting system; yearly audit; custodian of funds.

§10-2A-19. Board to pay charges and rentals for use of establishment.

§10-2A-20. Operation under supervision and control of board; leasing.

§10-2A-21. When statutory mortgage lien created; enforcement of lien by bondholders; suit to compel performance of duties.

§10-2A-22. Acquisition of property on which encumbrance exists.

§10-2A-23. Protection and enforcement of rights of bondholders; receivership.

§10-2A-24. Article confers additional powers.

§10-2A-25. Construction of powers conferred.

§10-2A-26. Article liberally construed.

CHAPTER 10, ARTICLE 3. MONUMENTS, TABLETS AND MEMORIALS.

§10-3-1. Monuments for pioneers and historic localities.

§10-3-2. Memorials to soldiers and sailors; sale of existing memorials; memorial fund; levies; board of directors; report of board to county commission; use of memorial; itemized report for public inspection; itemized budget estimate.

CHAPTER 10, ARTICLE 3A. THE WEST VIRGINIA MEMORIAL TO CHILD LABOR.

§10-3A-1. Legislative findings, purposes, intent, and short title.

§10-3A-2. Monument construction commission.

§10-3A-3. Design, construction, and administration of the monument.

§10-3A-4. Funding for the monument; authority for obtaining additional funds to complete or enhance the monument.

§10-3A-5. Memorial inscription or plaque.

§10-3A-6. Conclusion of the commission’s work.

§10-3A-7. Return of monument to state administration.

CHAPTER 10, ARTICLE 3B. THE WEST VIRGINIA MEMORIAL TO FALLEN HEROES OF THE GLOBAL WAR ON TERRORISM.

§10-3B-1. Legislative findings, purposes, intent, and short title.

§10-3B-2. Monument construction commission.

§10-3B-3. Design, construction, and administration of the monument.

§10-3B-4. Funding for the monument; authority for obtaining additional funds to complete or enhance the monument.

§10-3B-5. Memorial inscription or plaque.

§10-3B-6. Conclusion of the commission’s work.

CHAPTER 10, ARTICLE 4. ROSTER OF WEST VIRGINIA SOLDIERS, SAILORS AND MARINES IN RECENT WARS.

§10-4-1. Preparation and publication; supervision by Adjutant General.

§10-4-2. Contents.

§10-4-3. Contract for printing.

§10-4-4. Distribution.

CHAPTER 10, ARTICLE 5. EDUCATIONAL BROADCASTING COMMISSION.

§10-5-1. Legislative findings; definitions.

§10-5-2. West Virginia Educational Broadcasting Commission; members; organization; officers; employees; meetings; expenses.

§10-5-2a Repealed Acts, 2018 Reg. Sess., Ch. 105.  

§10-5-3. Powers of commission.

§10-5-4. Funds; right of state agencies, etc., to contribute to authority.

§10-5-5. Advisory councils.

§10-5-5a. Advisory Committee on Journalistic and Editorial Integrity.

§10-5-6. Cooperation with private nonprofit corporations.

§10-5-7. Repealed. Acts, 1967 Reg. Sess., Ch. 54.

CHAPTER 11. TAXATION.

CHAPTER 11, ARTICLE 1. SUPERVISION.

§11-1-1. Office of Tax Commissioner continued and designated the state Tax Division; appointment, term, oath and bond of commissioner; powers and duties generally; sections of division; assistant Tax Commissioner; authorization of criminal background checks conducted by Tax Commissioner for prospective employees; assistant attorneys general to assist commissioner.

§11-1-1a. Provision of legal services.

§11-1-1b. Training of employees.

§11-1-2. General duties and powers of commissioner; appraisers.

§11-1-2a. Refund of taxes erroneously collected.

§11-1-2b. Housing index requirements.

§11-1-3. Aiding board of public works, Auditor and treasurer.

§11-1-4. Biennial report of commissioner; fiscal officers to furnish information.

§11-1-4a. Powers of Tax Commissioner as to tax and revenue statistics.

§11-1-5. Misconduct or negligence of officers.

§11-1-6. Forms and instructions for assessors.

§11-1-7. Assistance to commissioner by prosecuting attorney.

§11-1-8. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§11-1-9. Holders of short-term permits and licenses to sell; rulemaking.

CHAPTER 11, ARTICLE 1A. APPRAISAL OF PROPERTY.

§11-1A-1. Tax Commissioner to appraise property to ascertain value; relating reappraisal to specified base year; powers and duties of Tax Commissioner regarding statewide reappraisals.

§11-1A-2. Base year for first reappraisal.

§11-1A-3. Definitions.

§11-1A-4. Identification of property to be appraised; persons required to make return.

§11-1A-5. Property excepted from listing for appraisal.

§11-1A-6. Supplemental information required to be filed.

§11-1A-7. When valuations not certified.

§11-1A-8. Ascertainment of assessed value as of July 1, 1983.

§11-1A-9. Subsequent alterations in property; economic change.

§11-1A-10. Valuation of farm property.

§11-1A-11. Valuation of certain classes or species of property; reserve coal properties; oil producing properties; gas producing properties; timberland; active mining mineral interest; commercial real property and industrial land; commercial and industrial furniture, fixtures, machinery and equipment; intangible personal property; public utility property; vehicles, watercraft and aircraft.

§11-1A-12. Division of functions between the Tax Commissioner and assessor; local exceptions to value; revisions by Tax Commissioner; participation by assessor in hearings and appeals.

§11-1A-13. Assurance of fair treatment.

§11-1A-14. Release of results of statewide reappraisal; legislative rule regarding changes in quality or quantity of property; publication and certification of statewide reappraisal.

§11-1A-15. Appraisal of property; lists to county officials.

§11-1A-16. Administrative review of appraisal.

§11-1A-17. Review of appraisal by the county commission sitting as an administrative appraisal review board.

§11-1A-18. Review by circuit court on certiorari.

§11-1A-19. Subsequent statewide reappraisals required.

§11-1A-20. Cooperation of other agencies of state and local government.

§11-1A-21. Electronic data processing system network for property tax administration.

§11-1A-22. Phase-in, determination thereof, application and limitations.

§11-1A-23. Confidentiality and disclosure of property tax returns and return information; offenses; penalties.

§11-1A-24. Creation and use of appraisal manual.

§11-1A-25. Repealed. Acts, 1998 Reg. Sess., Ch. 285.

§11-1A-26. Appraisal of corporate property; reports to Tax Commissioner by corporations.

§11-1A-27. Repealed. Acts, 1997 Reg. Sess., Ch. 60.

§11-1A-28. Review appraisal requirements; qualifications of review appraisers with respect to residential property; review appraisers to be competent witnesses.

§11-1A-29. Requirements for state employees and employees of designated agents; legislative findings; modification of existing contract for mass appraisal; exemption of certain appraisal employees of Tax Commissioner from civil service.

§11-1A-29a. Duty of Tax Commissioner, assessors, sheriffs and county commissions in valuation of property.

§11-1A-30. Severability.

CHAPTER 11, ARTICLE 1B. ADDITIONAL REVIEW OF PROPERTY APPRAISALS; IMPLEMENTATION.

§11-1B-1. Legislative findings and intent.

§11-1B-2. Application of article.

§11-1B-3. Definitions.

§11-1B-4. Appraisal of property.

§11-1B-5. Preparation of property list by Tax Commissioner; publication by sheriff.

§11-1B-6. Notice of appraised values of real property to owner by Tax Commissioner; content; form.

§11-1B-7. Additional newspaper, radio and television advertising required.

§11-1B-8. Review by county commission; petition therefore; hearing; decision.

§11-1B-9. Agreements by owner, Tax Commissioner and assessor; stipulations; agreed values to be used as appraised values.

§11-1B-10. Property tax appraisement consultants; assignment; duties; recommendations to Tax Commissioner.

§11-1B-11. The right of other property owners or assessor to petition for review or intervene.

§11-1B-12. Time of decision by county commission.

§11-1B-13. Duty of assessor to assist county commission; inventory of flood damaged property.

§11-1B-14. Review by circuit court on certiorari.

§11-1B-15. Right of Tax Commissioner, assessor or property owner to review of newly discovered matters; limitations.

§11-1B-16. Reimbursement of costs to assessor and sheriff.

§11-1B-17. Report by county commission required; reports to Legislature.

§11-1B-18. Appraisal of property; date of implementation; assessor to make assessments.

§11-1B-19. Extending the period for hearings in certain cases; limitations; extending period of final determination of certain cases; validation of certain determinations; duty of assessor and Tax Commissioner with respect to certain overvalued or undervalued property; construction of section.

CHAPTER 11, ARTICLE 1C. FAIR AND EQUITABLE PROPERTY VALUATION.

§11-1C-1. Legislative findings.

§11-1C-1a. Further legislative findings and declarations; effect of declarations and clarification of chattel interests in real or tangible personal property.

§11-1C-1b. Phase-out of taxation of intangible personal property.

§11-1C-2. Definitions.

§11-1C-3. Property valuation training and procedures commission generally; appointment; term of office; meetings; compensation.

§11-1C-4. Commission powers and duties; rulemaking.

§11-1C-5. Tax Commissioner powers and duties.

§11-1C-5a. Rules.

§11-1C-5b. Repealed. Acts, 2014 1ES Sess., Ch. 5.

§11-1C-6. Required training for assessors, their staffs and county commissioners.

§11-1C-7. Duties of county assessors; property to be appraised at fair market value; exceptions; initial equalization; valuation plan.

§11-1C-8. Additional funding for assessors' offices; maintenance funding.

§11-1C-9. Periodic valuations.

§11-1C-10. Valuation of industrial property and natural resources property by Tax Commissioner; penalties; methods; values sent to assessors.

§11-1C-11. Managed timberland; findings, purposes and declaration of legislative intent; implementation; inspection and determination of qualification; creation of online application renewal form.

§11-1C-11a. Certification of managed timberland; assessment of property; penalty for failure to comply.

§11-1C-11b. Valuation; rulemaking; aggrieved person and taxpayer protests; exhaustion of remedies; compliance inspection; notice of revocation; appeal; effective date.

§11-1C-11c. Valuation of oil and gas drilling rigs.

§11-1C-12. Board of equalization and review; assessments; board of public works.

§11-1C-13. Severability.

§11-1C-14. Confidentiality and disclosure of return information to develop or maintain a mineral mapping or geographic information system; offenses; penalties.

CHAPTER 11, ARTICLE 2. ASSESSORS.

§11-2-1. Assessment districts and assessors.

§11-2-2. Deputy assessors.

§11-2-3. Selection of deputy assessors.

§11-2-4. Apportionment of work.

§11-2-5 [Repealed]

§11-2-5(56). Salaries paid out of county fund.

§11-2-5a. Repealed. Acts, 1980 Reg. Sess., Ch. 31.

§11-2-5a(2). Additional compensation; additional duties -- Berkeley County.

§11-2-6. Correction of lists by assessor.

§11-2-7. State and local meetings.

§11-2-8. Records of assessor.

§11-2-9. List of violations furnished prosecuting attorney.

§11-2-10. Repealed. Acts, 1971 Reg. Sess., Ch. 23.

§11-2-11. Exception.

CHAPTER 11, ARTICLE 3. ASSESSMENTS GENERALLY.

§11-3-1. Time and basis of assessments; true and actual value; default; reassessment; special assessors; criminal penalty.

§11-3-1a. Magisterial districts as tax districts; legislative findings; terms defined.

§11-3-1b. Recordation of plat or designation of land use not to be basis for assessment; factors for valuation; legislative rule; effective dates.

§11-3-2. Canvass by assessor; lists of property.

§11-3-2a. Notice of increased assessment required for real property; exceptions to notice.

§11-3-3. Who to furnish property list.

§11-3-3a. Building or real property improvement notice; notice filed with assessors; when not required; penalties.

§11-3-4. Repealed. Acts, 1983 1st. Ex. Sess., Ch. 15.

§11-3-5. Correction of previous property books; entry of omitted property.

§11-3-5a. Notification to assessor of changed use; independent action of director; penalties; effective date.

§11-3-6. Statements of assessed valuations for municipalities and boards of education; extension of levies.

§11-3-7. Fixtures and machinery.

§11-3-7a. Chattel interests in real and tangible personal property.

§11-3-8. Who deemed owner for purposes of taxation.

§11-3-9. Property exempt from taxation.

§11-3-10. Failure to list property, etc.; collection of penalties and forfeitures.

§11-3-10a. Repealed. Acts, 1974 Reg. Sess., Ch. 130.

§11-3-10b. Exemption of bank deposits and money from forfeitures and penalties.

§11-3-11. Making or correction of list by assessor.

§11-3-12. Assessment of corporate property; reports to assessors by corporations.

§11-3-13. Entry of corporate property by assessor.

§11-3-14. Assessment of stock, realty and tangible personal property of banks.

§11-3-14a. Taxation of building and loan associations and federal savings and loan associations.

§11-3-15. Assessment of capital used in trade or business by natural persons or unincorporated businesses.

§11-3-15a. Assessment of property of limited liability companies.

§11-3-15b. Notice of increase in assessed value of business personal property.

§11-3-15c. Petition for assessor review of improper valuation of real property.

§11-3-15d. Administrative review of tangible personal property valuation by assessor.

§11-3-15e. Contents of petition based on income approach to value of real property.

§11-3-15f. Rejection of petition; amended petition; appeal options.

§11-3-15g. Meeting between assessor and petitioner.

§11-3-15h. Ruling on petition.

§11-3-15i. Petitioner’s right to appeal.

§11-3-16. Totals of property books.

§11-3-17. Assessment of property of assessor and deputies.

§11-3-18. Tax assessment and collection when emergency exists.

§11-3-19. Property books; time for completing; extension of levies; copies.

§11-3-20. False entries in property books.

§11-3-21. Violations where no penalty prescribed.

§11-3-22. Expenses of assessors.

§11-3-23. Alterations in property books.

§11-3-23a. Informal review and resolution of classification, taxability and valuation issues.

§11-3-24. Review and equalization by county commission.

§11-3-24a. Protest of classification or taxability to assessor; appeal to Tax Commissioner, appeal to Office of Tax Appeals.

§11-3-24b. Board of Assessment Appeals.

§11-3-25. Relief in circuit court against erroneous assessment.

§11-3-25a. Payment of taxes that become due while appeal is pending.

§11-3-25b. Appeal to Office of Tax Appeals.

§11-3-26. Contents and effect of order granting relief.

§11-3-27. Relief in county commission from erroneous assessments.

§11-3-28. Definitions.

§11-3-29. Levies to be based only on values ascertained.

§11-3-30. Exception.

§11-3-31. Generally applied, and usual and customary practices and procedures utilized by assessors prior to July 2, 1982; limit of liability.

§11-3-32. Effective date of amendments.

§11-3-33. Rules.

CHAPTER 11, ARTICLE 4. ASSESSMENT OF REAL PROPERTY.

§11-4-1. Land books to contain separate lists; entry of town lots; entry separately for districts.

§11-4-2. Form of landbooks.

§11-4-3. Definitions.

§11-4-4. Making out land books; using copy of last landbook; correcting errors.

§11-4-5. Information to be obtained from landowners by assessor; corrections in landbook of previous year.

§11-4-6. Transfers on books.

§11-4-7. Entry of lands acquired from different sources.

§11-4-8. Lists of transfers of title for assessors.

§11-4-9. Assessment of different estates; undivided interests.

§11-4-10. Land and buildings assessed separately; town lots; back taxing of omitted buildings.

§11-4-11. New buildings.

§11-4-12. Assessment of decedent's lands.

§11-4-13. Lands purchased at tax sale for state or by an individual.

§11-4-14. Assessment of lands lying in more than one county.

§11-4-15. Assessment upon conveyance of part of tract lying in more than one county.

§11-4-16. Assessment upon conveyance of part of tract lying in more than one district.

§11-4-17. Consolidation of contiguous tracts or mineral or timber interests.

§11-4-18. Division or consolidation of tracts for segregation.

§11-4-19. Land taken for public road or railroad.

§11-4-20. Ferries.

§11-4-21. Repealed. Acts, 1981 Reg. Sess., Ch. 197.

CHAPTER 11, ARTICLE 5. ASSESSMENT OF PERSONAL PROPERTY.

§11-5-1. What personal property taxable.

§11-5-2. Personal property books.

§11-5-3. Definitions.

§11-5-4. In what district personalty assessed.

§11-5-5. Valuation of credits and investments.

§11-5-6. Property or stock of corporations.

§11-5-7. Household furniture.

§11-5-8. Assessment of transients selling goods.

§11-5-9. Ascertainment of property held under order of court.

§11-5-10. Entry of omitted personalty taxes.

§11-5-10a. Release of taxes, interest and charges, on bank deposits and money not assessed prior to November 4, 1958.

§11-5-11. Mobile homes used by the owner for residential purposes and located on land not owned by the mobile homeowner.

§11-5-12. Mobile homes situate upon property owned by a person other than owner of mobile home.

§11-5-13. Exemption of inventory and warehouse goods.

§11-5-13a. Application of exemption to finished goods in warehouse.

§11-5-14. Assessment of motor vehicles previously titled jointly by married couples following final divorce order.

§11-5-15. Dealer collection of fees on heavy equipment rental inventory.

CHAPTER 11, ARTICLE 6. ASSESSMENT OF PUBLIC SERVICE BUSINESSES.

§11-6-1. Returns of property to board of public works.

§11-6-2. Same -- Railroads.

§11-6-3. Same -- Toll bridges.

§11-6-4. Same -- Car line companies.

§11-6-5. Same -- Pipeline companies.

§11-6-6. Same -- Express companies.

§11-6-7. Same -- Telegraph and telephone companies.

§11-6-7a. Repealed. Acts, 1999 Reg. Sess., Ch. 265.

§11-6-7b. Repealed. Acts, 1999 Reg. Sess., Ch. 265.

§11-6-8. Form and manner of making return; failure to make return; criminal penalty.

§11-6-9. Compelling such return; procuring information and tentative assessments by Tax Commissioner.

§11-6-10. Failure to give information required by board of public works; criminal penalty.

§11-6-11. Valuation of property by board.

§11-6-11a. Adjustment of valuation by board.

§11-6-11b. Repealed. Acts, 1986 Reg. Sess., Ch. 156.

§11-6-11c. Repealed. Acts, 1986 Reg. Sess., Ch. 156.

§11-6-11d. Repealed. Acts, 1986 Reg. Sess., Ch. 156.

§11-6-11e. Repealed. Acts, 1986 Reg. Sess., Ch. 156.

§11-6-12. Appeal from valuation by board.

§11-6-12a. Relief from erroneous assessments.

§11-6-13. Apportionment of value among counties, districts and municipalities.

§11-6-13a. Repealed. Acts, 1986 Reg. Sess., Ch. 156.

§11-6-13b. Repealed. Acts, 1986 Reg. Sess., Ch. 156.

§11-6-13c. Repealed. Acts, 1986 Reg. Sess., Ch. 156.

§11-6-13d. Repealed. Acts, 1986 Reg. Sess., Ch. 156.

§11-6-13e. Repealed. Acts, 1986 Reg. Sess., Ch. 156.

§11-6-13f. Repealed. Acts, 1986 Reg. Sess., Ch. 156.

§11-6-13g. Repealed. Acts, 1986 Reg. Sess., Ch. 156.

§11-6-13h. Repealed. Acts, 1986 Reg. Sess., Ch. 156.

§11-6-13i. Repealed. Acts, 1986 Reg. Sess., Ch. 156.

§11-6-13j. Repealed. Acts, 1986 Reg. Sess., Ch. 156.

§11-6-14. Certification of levies to Auditor.

§11-6-15. Failure of officers to perform duties as to property of public service corporations.

§11-6-16. Entry of assessment by Auditor of property of such public service businesses.

§11-6-17. Injunction to restrain collection of tax.

§11-6-18. Payment of assessment by owner or operator.

§11-6-19. Accounting by sheriff for district and municipal taxes from public service corporations.

§11-6-20. No release of taxes assessed against such corporations.

§11-6-21. Accounting for levies against public service corporations.

§11-6-22. Certification by Auditor of amount chargeable to sheriff from levies against public service corporations; payment of amount due municipality.

§11-6-23. Lien of taxes; notice; collection by suit.

§11-6-24. Assessment of buildings and real estate of public service corporations.

§11-6-25. Exception.

§11-6-26. Operating fund for public utilities division in Auditor’s Office.

§11-6-27. Public utilities tax loss restoration fund.

CHAPTER 11, ARTICLE 6A. POLLUTION CONTROL FACILITIES TAX TREATMENT.

§11-6A-1. Declaration of policy.

§11-6A-2. Definition.

§11-6A-3. Tax treatment of pollution control facilities.

§11-6A-4. Regulations.

§11-6A-5. Coal waste disposal power projects.

§11-6A-5a. Wind power projects.

CHAPTER 11, ARTICLE 6B. HOMESTEAD PROPERTY TAX EXEMPTION.

§11-6B-1. Purpose.

§11-6B-2. Definitions.

§11-6B-3. Twenty thousand dollar homestead exemption allowed.

§11-6B-4. Claim for exemption; renewals; waiver of exemption.

§11-6B-5. Determination; notice of denial of claim or exemption.

§11-6B-6. Appeals procedure.

§11-6B-7. Property tax books.

§11-6B-8. Repealed. Acts, 1983 1st. Ex. Sess., Ch. 15.

§11-6B-9. Forms, instructions and regulations.

§11-6B-10. Criminal penalties; restitution.

§11-6B-11. Severability.

§11-6B-12. Effective date.

CHAPTER 11, ARTICLE 6C. SPECIAL METHOD FOR APPRAISING DEALER VEHICLE INVENTORY.

§11-6C-1. Inventory included within scope of article.

§11-6C-2. Method for determining market value of dealer vehicle inventory, dealer motorboat inventory, farm equipment dealers inventory, daily passenger rental car inventory and house trailer and factory-built homes inventory.

§11-6C-3. Owner to file return estimating market value.

§11-6C-4. Determination of tax on dealer vehicle inventory, daily passenger rental car inventory, dealer motorboat inventory, farm equipment dealers inventory or house trailer and factory-built homes inventory.

§11-6C-5. Intent of this article; Tax Commissioner to promulgate rules.

CHAPTER 11, ARTICLE 6D. ALTERNATIVE-FUEL MOTOR VEHICLES TAX CREDIT.

§11-6D-1. Legislative findings and purpose.

§11-6D-2. Definitions.

§11-6D-3. Credit allowed for alternative-fuel motor vehicles and qualified alternative-fuel vehicle refueling infrastructure; application against personal income tax, business franchise tax or corporate net income tax; effective date.

§11-6D-4. Eligibility for credit.

§11-6D-5. Amount of credit for alternative-fuel motor vehicles.

§11-6D-6. Amount of credit for qualified alternative-fuel vehicle refueling infrastructure.

§11-6D-7. Duration of availability of credit.

§11-6D-8. Commissioner to design forms and schedules; promulgation of rules.

§11-6D-9. Carryover credit allowed; recapture of credit.

CHAPTER 11, ARTICLE 6E. SPECIAL METHOD FOR VALUATION OF CERTAIN MANUFACTURING PRODUCTION PROPERTY.

§11-6E-1. Short title.

§11-6E-2. Definitions.

§11-6E-3. Valuation of specialized manufacturing production property.

§11-6E-4. Initial determination by county assessor.

§11-6E-5. Protest and appeal.

§11-6E-6. Effective date.

CHAPTER 11, ARTICLE 6F. SPECIAL METHOD FOR APPRAISING QUALIFIED CAPITAL ADDITIONS TO MANUFACTURING FACILITIES.

§11-6F-1. Legislative findings.

§11-6F-2. Definitions.

§11-6F-3. Tax treatment of certified capital addition property.

§11-6F-4. Application and certification.

§11-6F-5. Authority to propose rules.

§11-6F-6. Effective date, expiration of two-mile limitation.

CHAPTER 11, ARTICLE 6G. ASSESSMENT OF INTERSTATE PUBLIC SERVICE CORPORATION MOTOR VEHICLE BUSINESSES REGISTERED UNDER A PROPORTIONAL REGISTRATION AGREEMENT.

§11-6G-1. Repealed. Acts, 1999 Reg. Sess., Ch. 265.

§11-6G-2. Disclosure of required information to the Tax Commissioner.

§11-6G-3. Interstate motor vehicle business; calculation of tax.

§11-6G-3a. Reduced fees for portion of year.

§11-6G-3b. Reduced fees for transfer of vehicles.

§11-6G-4. Form and manner of making disclosure; failure to make disclosure; criminal penalty.

§11-6G-5. Compelling such disclosure; procuring information and tentative assessments by motor vehicles commissioner.

§11-6G-6. Failure to give information required by motor vehicles commissioner; criminal penalty.

§11-6G-7. Adjustment of valuation by interstate commerce appeals board.

§11-6G-8. Appeal from valuation by board.

§11-6G-9. Certification of levies to Auditor.

§11-6G-10. Failure of officers to perform duties as to property of interstate motor vehicle corporations.

§11-6G-11. Injunction to restrain collection of tax.

§11-6G-12. Payment of assessment by owner or operator.

§11-6G-13. No release of taxes assessed against such corporations.

§11-6G-14. Accounting for levies against interstate commercial motor vehicle corporations.

§11-6G-15. Certification by Auditor of amount chargeable to sheriff from levies against interstate motor vehicles; payment of amount due municipality.

§11-6G-16. Lien of taxes; notice; collection by suit.

§11-6G-17. Operating fund for interstate commerce disclosure division in Auditor's office.

§11-6G-18. Severability.

CHAPTER 11, ARTICLE 6H. VALUATION OF SPECIAL AIRCRAFT PROPERTY.

§11-6H-1. Short title.

§11-6H-2. Definitions.

§11-6H-3. Valuation of special aircraft property.

§11-6H-4. Initial determination by county assessor.

§11-6H-5. Protest and appeal.

§11-6H-6. Report on economic benefit.

§11-6H-7. Effective date.

CHAPTER 11, ARTICLE 6I. SENIOR CITIZEN PROPERTY TAX PAYMENT DEFERMENT ACT.

§11-6I-1. Repealed. Acts, 2011 Reg. Sess., Ch. 162.

§11-6I-2. Repealed. Acts, 2011 Reg. Sess., Ch. 162.

§11-6I-3. Repealed. Acts, 2011 Reg. Sess., Ch. 162.

§11-6I-4. Repealed. Acts, 2011 Reg. Sess., Ch. 162.

§11-6I-5. Repealed. Acts, 2011 Reg. Sess., Ch. 162.

§11-6I-6. Repealed. Acts, 2011 Reg. Sess., Ch. 162.

§11-6I-7. Repealed. Acts, 2011 Reg. Sess., Ch. 162.

§11-6I-8. Repealed. Acts, 2011 Reg. Sess., Ch. 162.

§11-6I-9. Repealed. Acts, 2011 Reg. Sess., Ch. 162.

§11-6I-10. Repealed. Acts, 2011 Reg. Sess., Ch. 162.

§11-6I-11. Repealed. Acts, 2011 Reg. Sess., Ch. 162.

CHAPTER 11, ARTICLE 6J. SPECIAL METHOD FOR VALUATION OF CERTAIN HIGH-TECHNOLOGY PROPERTY.

§11-6J-1. Short title.

§11-6J-2. Definitions.

§11-6J-3. Valuation of certain specialized high-technology property.

§11-6J-4. Initial determination by county assessor.

§11-6J-5. Protest and appeal.

§11-6J-6. Effective date.

§11-6J-7. Report on economic benefit.

CHAPTER 11, ARTICLE 6K. ASSESSMENT OF INDUSTRIAL PROPERTY AND NATURAL RESOURCES PROPERTY.

§11-6K-1. Time and basis of assessments; true and actual value; and returns of property to Tax Commissioner.

§11-6K-2. Definitions.

§11-6K-3. Form and manner of making return; failure to timely make return; penalties.

§11-6K-4. Review of returns; procuring information for tentative appraisals; tentative appraisals by Tax Commissioner; notification to taxpayers.

§11-6K-5. Informal petition to Tax Commissioner for review of tentative appraisals.

§11-6K-6. Final appraisal of industrial property and natural resources property by Tax Commissioner; appraisals sent to assessors; appeals of Tax Commissioner's appraisals.

§11-6K-7. Effective date.

§11-6K-8. Rules.

CHAPTER 11, ARTICLE 6L. SPECIAL METHOD FOR VALUATION OF CERTAIN WIRELESS TECHNOLOGY PROPERTY.

§11-6L-1. Short title.

§11-6L-2. Definitions.

§11-6L-3. Limited-time valuation of certain specialized wireless technology property.

§11-6L-4. Initial determination; protest and appeal.

§11-6L-5. Effective date.

CHAPTER 11, ARTICLE 7. CAPITATION TAXES.

§11-7-1. Collection of capitation taxes for tax year 1970; effective date; legislative intent.

CHAPTER 11, ARTICLE 8. LEVIES.

§11-8-1. Declarations.

§11-8-2. Legislative findings.

§11-8-3. Purposes.

§11-8-4. Definition of taxing units.

§11-8-5. Classification of property for levy purposes.

§11-8-6. Aggregate of taxes on different classifications; taxing units authorized to lay levies.

§11-8-6a. Levies on each classification by Board of Public Works.

§11-8-6b. Maximum levies on each classification by county courts; order of levies.

§11-8-6c. Maximum levies on each classification by county boards of education; order of levy; exceeding levy for school bond issues.

§11-8-6d. Maximum levies on each classification by municipalities; order of levy.

§11-8-6e. Effect on regular levy rate when appraisal results in tax increase; public hearings.

§11-8-6f. Regular school board levy rate; creation and implementation of Growth County School Facilities Act; creation of Growth County School Facilities Act Fund.

§11-8-6g. Effect on special levy rates when appraisal results in tax revenue increase; public hearings.

§11-8-7. Increase of current expense levies when debt levies not required.

§11-8-8. Levies by board of public works; certification.

§11-8-9. Meetings of local levying bodies.

§11-8-10. Levy estimate by county court; certification to Tax Commissioner and publication.

§11-8-10a. Adjourned session of county court to hear objections to proposed levies; approval of estimate and levy by Tax Commissioner; first levy for bonded indebtedness, second for indebtedness not bonded, then for current expenses.

§11-8-11. Certification of levy order; duties of clerk, assessor and collecting officer; delinquent lists.

§11-8-12. Levy estimate by board of education; certification and publication.

§11-8-12a. Adjourned session of board of education to hear objections to proposed levies; approval of estimate and levy by Tax Commissioner; first levy for bonded and other indebtedness and indebtedness not bonded, second for Permanent Improvement Fund, then for current expenses.

§11-8-13. Certification of levy order to Tax Commissioner and county superintendent; reports by superintendent of levies; extension and collection of levies.

§11-8-14. Levy estimate by municipality; certification to Tax Commissioner and publication.

§11-8-14a. Adjourned session of municipal governing body to hear objections; approval of levies by Tax Commissioner; first levy for bonded indebtedness and indebtedness not bonded, then for current expenses.

§11-8-14b. Levy of additional tax.

§11-8-15. Certification of municipal levies.

§11-8-16. What order for election to increase levies to show; vote required; amount and continuation of additional levy; issuance of bonds.

§11-8-16A. Repealed. Acts, 2014 Reg. Sess., Ch. 47.

§11-8-17. Special levy elections; notices; conduct of election; supplies; canvass of returns; form of ballot.

§11-8-18. Tax commissioner to furnish forms of statements and Attorney General to furnish forms for elections.

§11-8-19. Repealed. Acts, 1939 Reg. Sess., Ch. 132.

§11-8-19a. Repealed. Acts, 1939 Reg. Sess., Ch. 132.

§11-8-20. Levy apportioned to taxing district for current expense but not needed may be used for its debt purposes or passed on to lesser taxing district for debt purposes.

§11-8-21. Amount of levy, with consent of Tax Commissioner, when fiscal body required by law to levy for indebtedness, property within municipality not being subject to levy.

§11-8-22. Supersedeas to levy order; rescission or reversal; return of money collected; recovery by action.

§11-8-23. Statement of fiscal body when levies not sufficient to meet requirements of existing contractual indebtedness.

§11-8-24. Petition for review of findings of tax commissioner and levy order; notice of intention to file; intervention; hearing and findings; appeal to Supreme Court of Appeals; refund if liens found excessive; recovery by action.

§11-8-25. Funds expended only for purposes for which raised.

§11-8-25a. Right of county court to expend surplus funds for equalization and revaluation.

§11-8-26. Unlawful expenditures by local fiscal body.

§11-8-26a. Revision of levy estimate.

§11-8-27. When indebtedness, contracts or drafts are void.

§11-8-28. Suit to recover unlawful expenditure or to cancel obligation.

§11-8-29. Personal liability of official participating in unlawful expenditure.

§11-8-30. Recovery of unlawful expenditure from participating official by action; costs.

§11-8-31. Criminal liability of official violating provisions of article; proceeding for removal.

§11-8-31a. Recovery of attorneys' fees authorized.

§11-8-32. Publication.

§11-8-33. Exceptions as to fiscal year beginning July 1, 1961, and as to city of Huntington.

CHAPTER 11, ARTICLE 8A. COUNTY-WIDE LEVY FOR DISTRICT DEBT SERVICE.

§11-8A-1. Repealed. Acts, 1967 Reg. Sess., Ch. 105.

CHAPTER 11, ARTICLE 9. CRIMES AND PENALTIES.

§11-9-1. Short title; arrangement; classification.

§11-9-2. Application of this article.

§11-9-2a. Criminal investigation division established; funding of same.

§11-9-3. Definitions.

§11-9-4. Failure to pay tax or file return or report.

§11-9-5. Failure to account for and pay over another's tax.

§11-9-6. Failure to collect or withhold tax.

§11-9-7. False statements to purchasers, lessees, or employees relating to tax.

§11-9-8. Willful failure to maintain records or supply information; misuse of exemption certificate.

§11-9-9. Aiding, abetting, assisting or counseling in criminal violation.

§11-9-10. Attempt to evade tax.

§11-9-11. Engaging in business without payment of business franchise registration tax; posting business franchise registration certificate.

§11-9-12. Engaging in business without a business franchise registration certificate.

§11-9-13. Release on probation; conditions of probation.

§11-9-14. Venue.

§11-9-15. Limitation on prosecution.

§11-9-16. Effective date; former law preserved for certain purposes.

§11-9-17. Severability.

CHAPTER 11, ARTICLE 10. WEST VIRGINIA TAX PROCEDURE AND ADMINISTRATION ACT.

§11-10-1. Legislative findings.

§11-10-2. Short title; arrangement and classification.

§11-10-3. Application of this article.

§11-10-4. Definitions.

§11-10-5. General power; regulations and forms.

§11-10-5a. Investigations.

§11-10-5aa. Confidentiality of information obtained during telecommunications tax study.

§11-10-5b. Subpoena and subpoena duces tecum.

§11-10-5bb. Applying lottery prizes to tax liabilities.

§11-10-5c. Returns by Tax Commissioner.

§11-10-5cc. Disclosure of certain tax information to Commissioner of Highways.

§11-10-5d. Confidentiality and disclosure of returns and return information.

§11-10-5dd. Disclosure of certain tax information pursuant to written agreements with state agencies purchasing or leasing goods or services or the Enterprise Resource Planning Board to facilitate purchasing; and the State Auditor.

§11-10-5e. Service of notice.

§11-10-5ee. Limitations on claiming credits and rebates; rulemaking.

§11-10-5f. Timely filing and paying.

§11-10-5g. Time for performance of acts where last day falls on Saturday, Sunday or legal holiday.

§11-10-5h. Enforcement proceedings.

§11-10-5i. Enforcement powers.

§11-10-5j. Liability for taxes withheld or collected.

§11-10-5k. Fractional parts of a cent.

§11-10-5l. Payment of estimated tax.

§11-10-5m. Overpayment of installments.

§11-10-5n. Payment by commercially acceptable means.

§11-10-5o. Notice of fiduciary relationship.

§11-10-5p. Effective date of amendments.

§11-10-5q. Settlement agreements and compromises.

§11-10-5r. Technical assistance advisories.

§11-10-5s. Disclosure of certain taxpayer information.

§11-10-5t. Payment by electronic fund transfers.

§11-10-5u. Disclosure of persons making retail sales of tobacco products.

§11-10-5v. Disclosure of tax information to the treasurer for return, recovery and disposition of unclaimed and abandoned property.

§11-10-5w. Confidentiality and disclosure of information set forth in the oil and gas combined reporting form specified in subsection (d), section three-a, article thirteen-a of this chapter to county assessors, the Department of Environmental Protection and to the Public Service Commission; offenses; penalties.

§11-10-5x. Waiver of derivative tax, interest and penalty imposed on board members or directors of charitable and tax exempt organizations imposed on innocent governing board resulting from defaults or delinquencies of the organization.

§11-10-5y. Disclosure of return information to Consolidated Public Retirement Board.

§11-10-5z. Electronic filing for certain persons.

§11-10-6. Mathematical or clerical errors; collection of balance due on return without remittance.

§11-10-7. Assessment.

§11-10-7a. Abatement.

§11-10-7b. Abatement of interest attributable to errors and by tax division.

§11-10-7c. Abatement of any penalty or addition to tax attributable to written advice by Tax Commissioner.

§11-10-7d. Combining assessments.

§11-10-8. Notice of assessment; petition for reassessment or payment of assessment within sixty days; finality of assessment; payment of final assessment; effective date.

§11-10-9. Hearing procedure.

§11-10-9a. Small claims procedure; disputes involving $10,000 or less.

§11-10-10. Appeals.

§11-10-10a. Commissioner allowed to acquiesce or not acquiesce in decisions of office of tax appeals or circuit court.

§11-10-11. Collection of tax.

§11-10-11a. Administration of special district excise tax; commission authorized.

§11-10-11b. Fund creation; authorization for expenditure.

§11-10-11c. State administration of local sales and use taxes and excise taxes; jurisdiction and standing before the office of tax appeals; rule-making authority.

§11-10-12. Liens, release; subordination; foreclosure; withdrawal.

§11-10-13. Levy and distraint.

§11-10-13a. Property exempt from levy.

§11-10-13b. Surrender of property subject to levy.

§11-10-13c. Sale of seized property.

§11-10-13d. Sale of perishable goods.

§11-10-13e. Redemption of property.

§11-10-13f. Certificate of sale; deed to real property; notice and access to recover personal property; abandonment and removal of personal property.

§11-10-13g. Legal effect of certificate of sale of personal property and deed of real property.

§11-10-13h. Records of sale.

§11-10-13i. Expense of levy and sale.

§11-10-13j. Application of proceeds of levy.

§11-10-13k. Authority to release levy and return property.

§11-10-14. Overpayments; credits; refunds and limitations.

§11-10-14a. Tax refund check-off programs.

§11-10-14b. Monetary remedies for overpayments due to unconstitutionality.

§11-10-14c. Prompt payment of refunds of personal income taxes.

§11-10-14d. Prompt payment of refunds of corporation net income taxes.

§11-10-15. Limitations on assessment.

§11-10-16. Limitations on collection.

§11-10-17. Interest.

§11-10-17a. Determination of rate of interest.

§11-10-18. Additions to tax.

§11-10-18a. Additions to tax for failure to pay estimated income or business franchise tax.

§11-10-18b. Additions to tax for failure to pay any other estimated tax.

§11-10-18c. Failure to file partnership return or report.

§11-10-19. Penalties.

§11-10-19a. Failure to file correct information returns.

§11-10-20. Effective date; transition rules.

§11-10-21. Severability.

§11-10-22. Information returns and due date thereof.

§11-10-23. Alternative dispute resolution of tax disputes.

§11-10-24. Commissioner to review taxpayer problem resolution procedures; report to Legislature.

§11-10-25. Taxpayer must show tax exemption applies; presumption.

§11-10-26. Adjustment for correction of erroneous distribution of funds, limitation period, immunity of agencies, subdivisions, and instrumentalities of this state.

§11-10-27. Administrative fees.

CHAPTER 11, ARTICLE 10A. WEST VIRGINIA OFFICE OF TAX APPEALS.

§11-10A-1. Legislative finding; purpose.

§11-10A-2. Definitions.

§11-10A-3. Office of tax appeals created.

§11-10A-4. Principal office; place for hearings; county commission to provide facilities.

§11-10A-5. Seal; authenticating records; judicial notice.

§11-10A-6. Chief Administrative Law Judge; appointment, term and vacancy; qualifications; compensation; conflicts of interest prohibited; removal.

§11-10A-7. Powers and duties of Chief Administrative Law Judge; all employees, except Chief Administrative Law Judge, members of classified service; qualifications of administrative law judges.

§11-10A-8. Jurisdiction of Office of Tax Appeals.

§11-10A-9. Appeal to Office of Tax Appeals; petition; answer.

§11-10A-10. Hearing procedures.

§11-10A-11. Small claims hearing.

§11-10A-12. Powers of the office of tax appeals.

§11-10A-13. Subpoenas; service; cost; fees; relief; disobedience; oath.

§11-10A-14. Recording hearings; notice; record; transcripts; costs.

§11-10A-15. Appearances before the office of tax appeals.

§11-10A-16. Decisions and orders of the office of tax appeals; publication.

§11-10A-17. Service of notice of final decisions and orders.

§11-10A-18. Finality of decision by the office of tax appeals; amount due payable; prompt refunds.

§11-10A-19. Judicial review of office of tax appeals decisions.

§11-10A-20. Rules required.

§11-10A-21. Timely filing.

§11-10A-22. Time for performance of acts where last day falls on Saturday, Sunday or legal holiday.

§11-10A-23. Confidentiality.

CHAPTER 11, ARTICLE 10B. TAX PENALTY AND ADDITIONS TO TAX AMNESTY.

§11-10B-1. Legislative intent.

§11-10B-2. Definitions.

§11-10B-3. Development and administration of program, implementation of article.

§11-10B-4. Duration and application of program.

§11-10B-5. Waiver of penalties; criminal immunity; exceptions and limitations.

§11-10B-6. Application for amnesty; requirements; deficiency assessment.

§11-10B-7. Publicity efforts.

§11-10B-8. Disposition of revenue collected.

CHAPTER 11, ARTICLE 10C. BENEFITS-FUNDED PURCHASING.

§11-10C-1. Legislative finding; short title and purpose.

§11-10C-2. Authorization of benefits-funded automated tax administration system purchasing program; reports; expiration of authority.

§11-10C-3. Benefits funding.

§11-10C-4. Monthly determination of increased revenue attributable to automated tax administration system; monthly report; deposit of moneys; creation and operation of automated tax administration system development fund; annual report.

§11-10C-5. Transfer of funds; repeal of article.

CHAPTER 11, ARTICLE 10D. TAX AMNESTY PROGRAM.

§11-10D-1. Short title.

§11-10D-2. Legislative intent and findings.

§11-10D-3. Definitions.

§11-10D-4. Development and administration of tax amnesty program, implementation of article.

§11-10D-5. Duration and application of program.

§11-10D-6. Waiver of penalties; criminal immunity; exceptions and limitations.

§11-10D-7. Application for amnesty; requirements; deficiency assessment.

§11-10D-8. Publicity efforts.

§11-10D-9. Examination of amnesty returns and taxpayer books and records.

§11-10D-10. Disposition of revenue collected.

§11-10D-11. Penalty on liabilities eligible for amnesty for which taxpayer did not apply for amnesty.

§11-10D-12. Report to Legislature and Governor.

§11-10D-13. Suspension of inconsistent code provisions.

CHAPTER 11, ARTICLE 10E. TAX SHELTER VOLUNTARY COMPLIANCE PROGRAM.

§11-10E-1. Short title.

§11-10E-2. Tax shelter voluntary compliance program.

§11-10E-3. "Tax avoidance transaction" defined.

§11-10E-4. Use of evidence of participation in the program.

§11-10E-5. Reportable transactions.

§11-10E-6. Failure to register tax shelter or maintain list.

§11-10E-7. Promoting tax shelters.

§11-10E-8. Registration of tax shelters.

§11-10E-9. Investor lists.

§11-10E-10. Suspension of inconsistent code provisions.

CHAPTER 11, ARTICLE 11. ESTATE TAXES.

§11-11-1. Short title; arrangement and classification.

§11-11-2. Definitions.

§11-11-3. Imposition of tax.

§11-11-4. Tax on transfer of estate of residents; credit; property of residents defined.

§11-11-5. Tax on transfer of estate of nonresidents; property of nonresidents defined; exemption.

§11-11-6. Tax on transfer of estate of aliens.

§11-11-7. Nonprobate inventory of estates; penalties.

§11-11-8. Estate tax returns.

§11-11-9. Extension of time for filing return.

§11-11-10. Amended returns.

§11-11-11. Returns executed by Tax Commissioner.

§11-11-12. Report of change in federal estate tax.

§11-11-13. Payment of tax.

§11-11-14. Extension of time for payment.

§11-11-15. Interest.

§11-11-16. Receipts for taxes.

§11-11-17. Special lien for estate tax.

§11-11-17a. Discharge of nonresident decedent's real property in absence of ancillary administration, termination.

§11-11-18. Discharge of estate; notice of lien; limitation on lien; etc.

§11-11-19. Final accounting delayed until liability for tax determined.

§11-11-20. Liability of personal representatives; etc.

§11-11-21. Duty of resident personal representative of nonresident decedent.

§11-11-22. Duties and powers of corporate personal representatives of nonresident decedents.

§11-11-23. Proof of payment of death taxes to state of domicile.

§11-11-24. Domicile of decedent.

§11-11-25 Repealed. Acts, 1988 Reg. Sess., Ch. 118.

§11-11-26. Sale of real estate by personal representative to pay tax.

§11-11-27. Prima facie liability for tax.

§11-11-28. Apportionment of West Virginia estate taxes; deduction of taxes by the fiduciary from shares of beneficiaries.

§11-11-29. Time for assessment of tax.

§11-11-30. Refund of excess tax due to overpayment of federal estate tax.

§11-11-31. Agreements as to amount of tax due.

§11-11-32. Repealed. Acts, 1996 Reg. Sess., Ch. 233.

§11-11-33. Administration of article by Tax Commissioner.

§11-11-34. Appointment of special appraisers.

§11-11-35. Privacy of information.

§11-11-36. Money penalty for failure to produce records.

§11-11-37. Interpretation and construction.

§11-11-38. Estates to which article applies; former law preserved.

§11-11-39. Effectiveness of this article.

§11-11-40. General procedure and administration.

§11-11-41. Criminal penalties.

§11-11-42. Severability.

§11-11-43. Effective date.

CHAPTER 11, ARTICLE 11A. INTERSTATE COMPROMISE OF INHERITANCE AND DEATH TAXES.

§11-11A-1. Procedure and authority.

§11-11A-2. "State" defined.

§11-11A-3. Interpretation of article.

§11-11A-4. Title.

§11-11A-5. Applicability.

CHAPTER 11, ARTICLE 11B. INTERSTATE ARBITRATION OF INHERITANCE AND DEATH TAXES.

§11-11B-1. Arbitration authorized.

§11-11B-2. Hearings.

§11-11B-3. Powers of board.

§11-11B-4. Determination of board.

§11-11B-5. Majority vote; exception.

§11-11B-6. Filing of board's determination.

§11-11B-7. Additions to tax, penalties and interest.

§11-11B-8. Compromise permitted.

§11-11B-9. Compensation and expenses of board.

§11-11B-10. Applicability.

§11-11B-11. "State" defined.

§11-11B-12. Interpretation of article.

§11-11B-13. Title.

§11-11B-14. Estates affected.

CHAPTER 11, ARTICLE 12. BUSINESS REGISTRATION TAX.

§11-12-1. Short title.

§11-12-2. Definitions.

§11-12-3. Business registration certificate required; tax levied; exemption from registration; exemption from tax; penalty.

§11-12-3a. Repealed. Acts, 1970 Reg. Sess., Ch. 73.

§11-12-4. Application for business registration certificate; issuance of business certificate; effect of business registration certificate; municipal license taxes.

§11-12-4a. Sellers of cigarettes, tobacco products or cigarette wrappers required to be licensed; business registration certificate is license; criminal penalties.

§11-12-5. Time for which registration certificate granted; power of Tax Commissioner to suspend, revoke or cancel certificate; certificate to be permanent until cessation of business for which certificates are granted or revocation, suspension or cancellation by the Tax Commissioner; penalty for involuntary loss of license due to failure to pay required fees and taxes relating to business.

§11-12-5a. Prohibition on certificate being obtained by person connected to illegal activities involving scrap metal.

§11-12-6. Business certificate a personal privilege not assignable; change of name, location, ownership, etc.

§11-12-6a. Repealed. Acts, 1970 Reg. Sess., Ch. 73.

§11-12-6b. Repealed. Acts, 1967 Reg. Sess., Ch. 185.

§11-12-7. Display of registration certificate; injunction; public information, reciprocal exchange of information.

§11-12-8. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-12-9. Penalties.

§11-12-10. Collection of back taxes; notice of discontinuance of business.

§11-12-11. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-12-12. Repealed. Acts, 1984 Reg. Sess., Ch. 170.

§11-12-13. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-12-14. Hearing; appeal.

§11-12-15. Enforcement.

§11-12-16. Disposition of money collected.

§11-12-17. Severability of provisions.

§11-12-18. General procedure and administration.

§11-12-19. Contractors.

§11-12-20. Registration of transient vendors.

§11-12-21. Bond of transient vendors.

§11-12-22. Notification to department.

§11-12-23. Revocation of certificate of transient merchant.

§11-12-24. Seizure of property of transient vendor.

§11-12-25. Severability.

§11-12-26. Interpretation of preceding sections.

§11-12-27. Repealed. Acts, 1970 Reg. Sess., Ch. 73.

§11-12-28. Repealed. Acts, 1970 Reg. Sess., Ch. 73.

§11-12-29. Repealed. Acts, 1970 Reg. Sess., Ch. 73.

§11-12-30. Repealed. Acts, 1970 Reg. Sess., Ch. 73.

§11-12-31. Repealed. Acts, 1970 Reg. Sess., Ch. 73.

§11-12-32. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-33. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-34. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-35. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-36. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-37. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-38. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-39. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-40. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-41. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-42. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-43. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-44. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-45. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-46. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-47. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-48. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-49. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-50. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-51. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-52. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-53. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-54. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-55. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-56. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-57. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-58. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-59. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-60. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-61. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-62. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-63. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-64. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-65. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-66. Repealed. Acts, 1957 Reg. Sess., Ch. 160.

§11-12-67. Reserved for future use.

§11-12-68. Reserved for future use.

§11-12-69. Reserved for future use.

§11-12-70. Reserved for future use.

§11-12-71. Reserved for future use.

§11-12-72. Reserved for future use.

§11-12-73. Reserved for future use.

§11-12-74. Reserved for future use.

§11-12-75. Tax on corporations holding more than ten thousand acres of land.

§11-12-76. Repealed. Acts, 1992 Reg. Sess., Ch. 205.

§11-12-77. Repealed. Acts, 1992 Reg. Sess., Ch. 205.

§11-12-78. Repealed. Acts, 1992 Reg. Sess., Ch. 205.

§11-12-79. Repealed. Acts, 1992 Reg. Sess., Ch. 205.

§11-12-80. Repealed. Acts, 1992 Reg. Sess., Ch. 205.

§11-12-80a. Repealed. Acts, 1963 Reg. Sess., Ch. 180.

§11-12-81. Repealed. Acts, 1992 Reg. Sess., Ch. 205.

§11-12-82. Repealed. Acts, 1992 Reg. Sess., Ch. 205.

§11-12-83. Repealed. Acts, 1992 Reg. Sess., Ch. 205.

§11-12-84. Repealed. Acts, 1992 Reg. Sess., Ch. 205.

§11-12-85. Investigation of corporations' delinquencies.

§11-12-86. Sparkler and novelty registration fee.

§11-12-87. Repealed. Acts, 1992 Reg. Sess., Ch. 205.

§11-12-88. Repealed. Acts, 1992 Reg. Sess., Ch. 205.

§11-12-89. Repealed. Acts, 1992 Reg. Sess., Ch. 205.

§11-12-90. Repealed. Acts, 1992 Reg. Sess., Ch. 205.

§11-12-91. Repealed. Acts, 1992 Reg. Sess., Ch. 205.

CHAPTER 11, ARTICLE 12A. ANNUAL TAX ON INCOMES OF CERTAIN CARRIERS.

§11-12A-1. Repealed. Acts 1978, Ch. 95; 1984, Ch. 170; 1985, Ch. 162.

§11-12A-2. Repealed. Acts 1978, Ch. 95; 1984, Ch. 170; 1985, Ch. 162.

§11-12A-3. Repealed. Acts 1978, Ch. 95; 1984, Ch. 170; 1985, Ch. 162.

§11-12A-4. Repealed. Acts 1978, Ch. 95; 1984, Ch. 170; 1985, Ch. 162.

§11-12A-5. Repealed. Acts 1978, Ch. 95; 1984, Ch. 170; 1985, Ch. 162.

§11-12A-6. Repealed. Acts 1978, Ch. 95; 1984, Ch. 170; 1985, Ch. 162.

§11-12A-7. Repealed. Acts 1978, Ch. 95; 1984, Ch. 170; 1985, Ch. 162.

§11-12A-8. Repealed. Acts 1978, Ch. 95; 1984, Ch. 170; 1985, Ch. 162.

§11-12A-9. Repealed. Acts 1978, Ch. 95; 1984, Ch. 170; 1985, Ch. 162.

§11-12A-10. Repealed. Acts 1978, Ch. 95; 1984, Ch. 170; 1985, Ch. 162.

§11-12A-11. Repealed. Acts 1978, Ch. 95; 1984, Ch. 170; 1985, Ch. 162.

§11-12A-12. Repealed. Acts 1978, Ch. 95; 1984, Ch. 170; 1985, Ch. 162.

§11-12A-13. Repealed. Acts 1978, Ch. 95; 1984, Ch. 170; 1985, Ch. 162.

§11-12A-14. Repealed. Acts 1978, Ch. 95; 1984, Ch. 170; 1985, Ch. 162.

§11-12A-15. Repealed. Acts 1978, Ch. 95; 1984, Ch. 170; 1985, Ch. 162.

§11-12A-16. Repealed. Acts 1978, Ch. 95; 1984, Ch. 170; 1985, Ch. 162.

§11-12A-17. Repealed. Acts 1978, Ch. 95; 1984, Ch. 170; 1985, Ch. 162.

§11-12A-18. Repealed. Acts 1978, Ch. 95; 1984, Ch. 170; 1985, Ch. 162.

§11-12A-19. Repealed. Acts 1978, Ch. 95; 1984, Ch. 170; 1985, Ch. 162.

§11-12A-20. Repealed. Acts 1978, Ch. 95; 1984, Ch. 170; 1985, Ch. 162.

§11-12A-21. Repealed. Acts 1978, Ch. 95; 1984, Ch. 170; 1985, Ch. 162.

§11-12A-22. Repealed. Acts 1978, Ch. 95; 1984, Ch. 170; 1985, Ch. 162.

§11-12A-23. Repealed. Acts 1978, Ch. 95; 1984, Ch. 170; 1985, Ch. 162.

§11-12A-24. Repeal of article and date thereof; short taxable years for taxpayers on calendar or fiscal year and cash or accrual accounting methods.

§11-12A-25. Credit for consumers sales and service tax and use tax paid.

CHAPTER 11, ARTICLE 12B. MINIMUM SEVERANCE TAX ON COAL.

§11-12B-1. Short title; arrangement and classification.

§11-12B-2. Definitions.

§11-12B-3. Imposition of tax, credit.

§11-12B-4. Accounting periods and methods of accounting.

§11-12B-5. Annual return.

§11-12B-6. Periodic installment payments of estimated tax.

§11-12B-7. Time and place for paying tax shown on returns.

§11-12B-8. Extension of time for filing return.

§11-12B-9. Extension of time for paying tax.

§11-12B-10. Place for filing returns or other documents.

§11-12B-11. Signing of returns and other documents.

§11-12B-12. Bond of taxpayer may be required.

§11-12B-13. Collection of tax; Tax Commissioner may require first purchaser to withhold tax of delinquent taxpayer.

§11-12B-14. Records.

§11-12B-15. General procedure and administration.

§11-12B-16. Criminal penalties.

§11-12B-17. Severability.

§11-12B-18. Effective date; compliance.

CHAPTER 11, ARTICLE 12C. CORPORATE LICENSE TAX.

§11-12C-1. Definitions.

§11-12C-2. Corporate license required; tax levied; exemption from tax; effective date.

§11-12C-3. Payment and collection of tax; deposit of money; return required.

§11-12C-4. Due date of return; payment of tax.

§11-12C-5. Annual fee of Secretary of State as attorney-in-fact.

§11-12C-6. Notice to corporations taxable; tax as lien.

§11-12C-7. Monthly report by Secretary of State to Tax Commissioner as to corporations.

§11-12C-8. Administrative and criminal penalties.

§11-12C-9. Disposition of corporate license tax collected.

§11-12C-10. Applicability of tax procedure and administration act and tax crimes and penalties act.

§11-12C-11. Effective date.

§11-12C-12. Severability.

§11-12C-13. Repeal of article.

CHAPTER 11, ARTICLE 12D. ESTABLISHMENT OF OFFICE OF BUSINESS REGISTRATION; CREATION OF CENTRALIZED RECORDS.

§11-12D-1. Legislative findings and declaration of purpose.

§11-12D-2. Establishment of office of business registration; centralized business registration records.

§11-12D-3. Agency contact list; dispersal of database information to agencies; agency contact with prospective businesses.

§11-12D-4. Confidentiality of records of the centralized database for new business registration.

§11-12D-5. Staffing for office of business registration; costs of centralized records system; legislative intent.

§11-12D-6. Limited effect of article; intent of Legislature.

CHAPTER 11, ARTICLE 13. BUSINESS AND OCCUPATION TAX.

§11-13-1. Definitions.

§11-13-2. Imposition of privilege tax.

§11-13-2a. Repealed. Acts, 1989, 1st Ex. Sess., Ch. 2.

§11-13-2b. Repealed. Acts, 1989 1st Ex. Sess., Ch. 2.

§11-13-2c. Repealed. Acts, 1989, 1st Ex. Sess., Ch. 2.

§11-13-2d. Public service or utility business.

§11-13-2e. Business of gas storage; effective date.

§11-13-2f. Manufacturing or producing synthetic fuel from coal; rate and measure of tax; definitions; dedication, deposit and distribution of tax; expenditure of distributions received by synthetic fuel-producing counties for economic development and infrastructure improvement pursuant to plan approved by West Virginia Development Office; priority for expenditure of distributions received by other county commissions; date for expiration of tax.

§11-13-2g. Repealed. Acts, 1989, 1st Ex. Sess., Ch. 2.

§11-13-2h. Repealed. Acts, 1989, 1st Ex. Sess., Ch. 2.

§11-13-2i. Repealed. Acts, 1989, 1st Ex. Sess., Ch. 2.

§11-13-2j. Repealed. Acts, 1989, 1st Ex. Sess., Ch. 2.

§11-13-2k. Repealed. Acts, 1989, 1st Ex. Sess., Ch. 2.

§11-13-2l. Repealed. Acts, 1989, 1st Ex. Sess., Ch. 2.

§11-13-2m. Business of generating or producing electric power; exception; rates.

§11-13-2n. Business of generating or producing or selling electric power; exemptions; rates.

§11-13-2o. Business of generating or producing or selling electricity on and after June 1, 1995; definitions; rate of tax; exemptions; effective date.

§11-13-2p. Credit against tax based on the taxable generating capacity of a generating unit utilizing a turbine powered primarily by wind.

§11-13-2q. Exemption from tax for certain merchant power plants.

§11-13-2r. Recomputation of taxable generating capacity of certain coal-fired electric generating facilities; imposition of recapture tax.

§11-13-3. Exemptions; annual exemption and periods thereof.

§11-13-3a. Deduction for contributions to an employee stock ownership plan by a manufacturer.

§11-13-3b. Definitions; reduction allowed in tax due; how computed.

§11-13-3c. Tax credit for business investment and jobs expansion.

§11-13-3d. Tax credit for industrial expansion and industrial revitalization, and eligible research and development projects.

§11-13-3e. Tax credit for coal loading facilities; regulations.

§11-13-3f. Tax credit for reducing electric, natural gas or water utility rates for low-income residential customers; regulations.

§11-13-3g. Tax credit for increased generation of electricity from coal.

§11-13-4. Computation of tax; payment.

§11-13-5. Return and remittance by taxpayer.

§11-13-6. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-13-7. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-13-8. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-13-8a. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-13-9. Tax year.

§11-13-10. Tax cumulative.

§11-13-11. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-13-12. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-13-13. Receivership or insolvency proceedings.

§11-13-14. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-13-15. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-13-16. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-13-16a. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-13-17. Priority in distribution in receivership, etc.; personal liability of administrator.

§11-13-18. Agents for collection of delinquent taxes.

§11-13-19. Certificate to clerk of county court of assessment of taxes.

§11-13-20. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-13-21. Repealed. Acts, 1984 Reg. Sess., Ch. 170.

§11-13-22. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-13-23. Repealed. Acts, 1955 Reg. Sess., Ch. 165.

§11-13-24. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-13-25. Cities, towns or villages restricted from imposing additional tax.

§11-13-26. Severability.

§11-13-27. General procedure and administration.

§11-13-28. Effective date; transition rules.

§11-13-29. Tax commissioner to furnish comparative study reports to Governor and Legislature, dates therefor.

§11-13-30. Tax credit for coal coking facilities; regulations.

§11-13-31. Credit for consumers sales and service tax and use tax paid.

CHAPTER 11, ARTICLE 13A. SEVERANCE AND BUSINESS PRIVILEGE TAX ACT.

§11-13A-1. Short title; arrangement and classification.

§11-13A-2. Definitions.

§11-13A-3. Imposition of tax on privilege of severing coal, limestone or sandstone, or furnishing certain health care services, effective dates therefor; reduction of severance rate for coal mined by underground methods based on seam thickness.

§11-13A-3a. Imposition of tax on privilege of severing natural gas or oil.

§11-13A-3b. Imposition of tax on privilege of severing timber.

§11-13A-3c. Imposition of tax on privilege of severing other natural resources.

§11-13A-3d. Imposition of tax on privilege of severing coalbed methane.

§11-13A-3e. Imposition of tax on privilege of extracting and recovering material from refuse, gob piles or other sources of waste coal to produce coal.

§11-13A-4. Treatment processes as production.

§11-13A-5. Oil and gas operating unit.

§11-13A-5a. Dedication of ten percent of oil and gas severance tax for benefit of counties and municipalities and of three fourths of one percent of oil and gas severance tax for the benefit of the Office of Oil and Gas in the Department of Environmental Protection; distribution of major portion of such dedicated tax to oil and gas producing counties; distribution of minor portion of such dedicated tax to all counties and municipalities; reports; rules; special funds in the office of state treasurer; methods and formulae for distribution of such dedicated tax; expenditure of funds by counties and municipalities for public purposes; and requiring special county and municipal budgets and reports thereon.

§11-13A-5b. Creation and cessation of West Virginia Future Fund; legislative intent; calculation of deposits from excess severance tax revenues; permissible uses of investment income and limitations on expenditures; definitions.

§11-13A-6. Additional tax on the severance, extraction and production of coal; dedication of additional tax for benefit of counties and municipalities; distribution of major portion of such additional tax to coal-producing counties; distribution of minor portion of such additional tax to all counties and municipalities; reports; rules; special funds in office of State Treasurer; method and formulas for distribution of such additional tax; expenditure of funds by counties and municipalities for public purposes; special funds in counties and municipalities; and requiring special county and municipal budgets and reports thereon.

§11-13A-6a. Reallocation and dedication of percentage of severance tax for benefit of coal-producing counties; phase-in period; permissible uses of distributed revenues; duties of State Treasurer and State Tax Commissioner; audits; rulemaking.

§11-13A-6b. Severance tax on coal extracted incident to highway construction performed under §17-27-1 et seq. of this code.

§11-13A-7. Accounting periods and methods of accounting.

§11-13A-8. Time for filing annual returns and other documents.

§11-13A-9. Periodic installment payments of taxes imposed by sections three-a, three-b and three-c of this article; exceptions.

§11-13A-9a. Periodic installment payments of tax imposed by section three of this article.

§11-13A-10. Paying tax; annual tax credit.

§11-13A-10a. Tax credit for business investment and jobs expansion; industrial expansion and revitalization; eligible research and development projects; coal loading facilities.

§11-13A-11. Extension of time for filing returns.

§11-13A-12. Extension of time for paying tax.

§11-13A-13. Place for filing returns or other documents.

§11-13A-14. Time and place for paying tax shown on returns.

§11-13A-15. Signing of returns and other documents.

§11-13A-16. Bond of taxpayer may be required.

§11-13A-16a. Nonresident person severing West Virginia timber owned by the person at time of severance required to notify Tax Commissioner prior to severance and prepay severance tax or post bond.

§11-13A-17. Collection of tax; agreement for processor to pay tax due from severor.

§11-13A-18. Records.

§11-13A-19. General procedure and administration.

§11-13A-20. Crimes and penalties.

§11-13A-20a. Dedication of tax.

§11-13A-21. Severability.

§11-13A-22. Termination of exemption.

§11-13A-23. Repealed. Acts, 1993 1st Ex. Sess., Ch. 7.

§11-13A-24. Repealed. Acts, 1993 1st Ex. Sess., Ch. 7.

§11-13A-25. Effective date.

CHAPTER 11, ARTICLE 13B. TELECOMMUNICATIONS TAX.

§11-13B-1. Repealed. Acts, 2012 Reg. Sess., Ch. 183.

§11-13B-2. Repealed. Acts, 2012 Reg. Sess., Ch. 183.

§11-13B-3. Repealed. Acts, 2012 Reg. Sess., Ch. 183.

§11-13B-4. Repealed. Acts, 2012 Reg. Sess., Ch. 183.

§11-13B-5. Repealed. Acts, 2012 Reg. Sess., Ch. 183.

§11-13B-6. Repealed. Acts, 2012 Reg. Sess., Ch. 183.

§11-13B-7. Repealed. Acts, 2012 Reg. Sess., Ch. 183.

§11-13B-8. Repealed. Acts, 2012 Reg. Sess., Ch. 183.

§11-13B-9. Repealed. Acts, 2012 Reg. Sess., Ch. 183.

§11-13B-10. Repealed. Acts, 2012 Reg. Sess., Ch. 183.

§11-13B-10a. Repealed. Acts, 2012 Reg. Sess., Ch. 183.

§11-13B-11. Repealed. Acts, 2012 Reg. Sess., Ch. 183.

§11-13B-12. Repealed. Acts, 2012 Reg. Sess., Ch. 183.

§11-13B-13. Repealed. Acts, 2012 Reg. Sess., Ch. 183.

§11-13B-14. Repealed. Acts, 2012 Reg. Sess., Ch. 183.

§11-13B-15. Repealed. Acts, 2012 Reg. Sess., Ch. 183.

§11-13B-16. Repealed. Acts, 2012 Reg. Sess., Ch. 183.

§11-13B-17. Repealed. Acts, 2012 Reg. Sess., Ch. 183.

§11-13B-18. Repealed. Acts, 2012 Reg. Sess., Ch. 183.

§11-13B-19. Repealed. Acts, 2012 Reg. Sess., Ch. 183.

CHAPTER 11, ARTICLE 13C. BUSINESS INVESTMENT AND JOBS EXPANSION TAX CREDIT.

§11-13C-1. Short title.

§11-13C-2. Legislative finding and purpose.

§11-13C-3. Definitions.

§11-13C-4. Amount of credit allowed.

§11-13C-4a. Credit allowed for locating corporate headquarters in this state.

§11-13C-4b. Credit allowable for certified projects.

§11-13C-5. Application of annual credit allowance.

§11-13C-6. Qualified investment.

§11-13C-7. New jobs percentage.

§11-13C-7a. Small business credit.

§11-13C-8. Forfeiture of unused tax credits; redetermination of credit allowed.

§11-13C-8a. Recapture of credit; recapture tax imposed.

§11-13C-9. Transfer of qualified investment to successors.

§11-13C-10. Identification of investment credit property.

§11-13C-11. Failure to keep records of investment credit property.

§11-13C-12. Interpretation and construction.

§11-13C-13. Severability.

§11-13C-14. Restrictions and limitations on credits allowed by this article.

§11-13C-15. Continuing suspension of new credit entitlements, exceptions, effective date.

§11-13C-16. Termination of credit; effective date.

CHAPTER 11, ARTICLE 13D. TAX CREDITS FOR INDUSTRIAL EXPANSION AND REVITALIZATION, RESEARCH AND DEVELOPMENT PROJECTS, CERTAIN HOUSING DEVELOPMENT PROJECTS, MANAGEMENT INFORMATION SERVICES FACILITIES, INDUSTRIAL FACILITIES PRODUCING COAL-BASED LIQUIDS USED TO PRODUCE SYNTHETIC FUELS, AND AEROSPACE INDUSTRIAL FACILITY INVESTMENTS.

§11-13D-1. Legislative findings and purpose.

§11-13D-2. Definitions.

§11-13D-3. Amount of credit allowed for industrial expansion or revitalization, for eligible research and development projects, and for qualified housing development projects.

§11-13D-3a. Application of credit after June 30, 1987.

§11-13D-3b. Application of credit after June 30, 1989.

§11-13D-3c. Amount of credit allowed and application of credit for qualified investment in a management information services facility.

§11-13D-3d. Amount of credit allowed and application of credit for qualified investment in a new industrial facility producing coal-based liquids used to produce synthetic motor fuel or synthetic special fuel.

§11-13D-3e. Application of credit after June 30, 1993.

§11-13D-3f. Amount of credit allowed and application of credit for qualified investment in an aerospace industrial facility.

§11-13D-4. Eligible investment for industrial expansion or revitalization.

§11-13D-5. Eligible investment for research and development.

§11-13D-5a. Eligible investment for qualified housing development project.

§11-13D-5b. Qualified investment for a management information services facility.

§11-13D-6. Forfeiture of unused tax credits, redetermination of credit required.

§11-13D-7. Transfer of eligible investment to successors.

§11-13D-8. Prior industrial expansion credit preserved.

§11-13D-9. Severability.

§11-13D-10. Termination of credit, exception for electricity producers, preservation of entitlements.

CHAPTER 11, ARTICLE 13E. BUSINESS AND OCCUPATION TAX CREDIT FOR COAL LOADING FACILITIES.

§11-13E-1. Legislative finding and purpose.

§11-13E-2. Definitions.

§11-13E-3. Amount of credit allowed for coal loading facilities.

§11-13E-3a. Application of credit after June 30, 1987.

§11-13E-3b. Application of credit after June 30, 1993.

§11-13E-4. Eligible investment.

§11-13E-5. Forfeiture of unused tax credits; redetermination of credit required.

§11-13E-6. Transfer of eligible investment to successors.

§11-13E-7. Severability.

CHAPTER 11, ARTICLE 13F. BUSINESS AND OCCUPATION TAX CREDIT FOR REDUCING ELECTRIC AND NATURAL GAS UTILITY RATES FOR LOW-INCOME RESIDENTIAL CUSTOMERS.

§11-13F-1. Legislative Purpose.

§11-13F-2. Definitions.

§11-13F-3. Amount of credit.

§11-13F-4. When credit may be taken.

§11-13F-5. Application of credit.

CHAPTER 11, ARTICLE 13G. TAX CREDIT FOR REDUCING TELEPHONE UTILITY RATES FOR CERTAIN LOW-INCOME RESIDENTIAL CUSTOMERS.

§11-13G-1. Legislative purpose.

§11-13G-2. Definitions.

§11-13G-3. Amount of credit.

§11-13G-4. When credit may be taken.

§11-13G-5. Application of credit.

CHAPTER 11, ARTICLE 13H. BUSINESS AND OCCUPATION TAX CREDIT FOR INCREASED GENERATION OF ELECTRICITY.

§11-13H-1. Repealed.Acts, 2002 Reg. Sess., Ch. 104.

§11-13H-2. Repealed.Acts, 2002 Reg. Sess., Ch. 104.

§11-13H-3. Repealed.Acts, 2002 Reg. Sess., Ch. 104.

§11-13H-4. Repealed.Acts, 2002 Reg. Sess., Ch. 104.

CHAPTER 11, ARTICLE 13I. TAX CREDIT FOR EMPLOYING FORMER EMPLOYEES OF COLIN ANDERSON CENTER WHO LOST THEIR JOBS DUE TO THE CLOSURE OF COLIN ANDERSON CENTER.

§11-13I-1. Legislative purpose.

§11-13I-2. Credit allowed; amount and duration of credit; recapture of credit and effective date.

§11-13I-3. Application of credit; limitation of credit; tax commissioner to promulgate forms and legislative rule; notice of credit.

CHAPTER 11, ARTICLE 13J. NEIGHBORHOOD INVESTMENT PROGRAM.

§11-13J-1. Short title.

§11-13J-2. Legislative finding and purpose.

§11-13J-3. Definitions.

§11-13J-4. Eligibility for tax credits; creation of neighborhood investment fund; certification of project plans by the West Virginia Development Office.

§11-13J-4a. Neighborhood Investment Program Advisory Board.

§11-13J-5. Amount of credit allowed.

§11-13J-6. Application of annual credit allowance.

§11-13J-7. Assertion of the tax credit against tax.

§11-13J-8. Total maximum aggregate tax credit amount.

§11-13J-9. Credit recapture; interest; penalties; additions to tax; statute of limitations.

§11-13J-10. Public information relating to tax credit.

§11-13J-11. Audits and examinations; information sharing.

§11-13J-12. Program evaluation; expiration of credit; preservation of entitlement.

CHAPTER 11, ARTICLE 13K. TAX CREDIT FOR AGRICULTURAL EQUIPMENT.

§11-13K-1. Findings and purpose.

§11-13K-2. Definitions.

§11-13K-3. Amount of credit.

§11-13K-4. Proration of credit.

§11-13K-5. Legislative rules.

§11-13K-6. Effective date.

CHAPTER 11, ARTICLE 13L. THE NATURAL GAS INDUSTRY JOBS RETENTION ACT.

§11-13L-1. Short title.

§11-13L-2. Definitions.

§11-13L-3. Eligibility for tax credits; creation of the credit.

§11-13L-4. Amount of credit allowed.

§11-13L-5. Application of annual credit allowance.

§11-13L-6. Annual computation of the number of jobs held by qualified employees.

§11-13L-7. Availability of credit to successors.

§11-13L-8. Credit recapture; interest; penalties; additions to tax; statute of limitations.

§11-13L-9. Effective date.

CHAPTER 11, ARTICLE 13M. TAX CREDIT FOR NEW VALUE-ADDED WOOD MANUFACTURING OPERATIONS.

§11-13M-1. Legislative purpose.

§11-13M-2. Definitions.

§11-13M-3. Eligibility for tax credits; creation of the credit.

§11-13M-4. Amount of credit allowed; expiration of the credit.

§11-13M-5. Application of annual credit allowance.

§11-13M-6. Proration of credit among partners, members of limited liability companies, or shareholders in small business corporations.

§11-13M-7. Annual computation of the number of new jobs held by full-time employees.

§11-13M-8. Availability of credit to successors.

§11-13M-9. Credit recapture; interest; penalties; additions to tax; statute of limitations.

§11-13M-10. Administrative rules.

§11-13M-11. Construction of article.

§11-13M-12. Effective date.

CHAPTER 11, ARTICLE 13N. TAX CREDIT FOR NEW STEEL MANUFACTURING OPERATIONS AFTER JULY 1, 1998.

§11-13N-1. Legislative purpose.

§11-13N-2. Definitions.

§11-13N-3. Eligibility for tax credits; creation of the credit.

§11-13N-4. Amount of credit allowed; expiration of the credit.

§11-13N-5. Application of annual credit allowance.

§11-13N-6. Proration of credit among partners, members of limited liability companies, or shareholders in small business corporations.

§11-13N-7. Annual computation of the number of new jobs held by full-time employees.

§11-13N-8. Availability of credit to successors.

§11-13N-9. Credit recapture; interest; penalties; additions to tax; statute of limitations.

§11-13N-10. Administrative rules.

§11-13N-11. Construction of article.

§11-13N-12. Effective date.

CHAPTER 11, ARTICLE 13O. TAX CREDIT FOR NEW ALUMINUM OR POLYMER MANUFACTURING OPERATIONS AFTER JULY 1, 1998.

§11-13O-1. Legislative purpose.

§11-13O-2. Definitions.

§11-13O-3. Eligibility for tax credits; creation of the credit.

§11-13O-4. Amount of credit allowed; expiration of the credit.

§11-13O-5. Application of annual credit allowance.

§11-13O-6. Proration of credit among partners, members of limited liability companies, or shareholders in small business corporations.

§11-13O-7. Annual computation of the number of new jobs held by full-time employees.

§11-13O-8. Availability of credit to successors.

§11-13O-9. Credit recapture; interest; penalties; additions to tax; statute of limitations.

§11-13O-10. Administrative rules.

§11-13O-11. Construction of article.

§11-13O-12. Effective date.

CHAPTER 11, ARTICLE 13P. TAX CREDIT FOR MEDICAL LIABILITY INSURANCE PREMIUMS.

§11-13P-1. Legislative finding and purpose.

§11-13P-2. Definitions.

§11-13P-3. Eligibility for tax credits; creation of the credit.

§11-13P-4. Amount of credit allowed.

§11-13P-5. Excess credit forfeited.

§11-13P-6. Application of credit; schedules; estimated taxes.

§11-13P-7. Computation and application of credit.

§11-13P-8. Legislative rules.

§11-13P-9. Construction of article; burden of proof.

§11-13P-10. Effective date.

§11-13P-11. Termination of tax credit.

CHAPTER 11, ARTICLE 13Q. ECONOMIC OPPORTUNITY TAX CREDIT.

§11-13Q-1. Short title.

§11-13Q-2. Legislative finding and purpose.

§11-13Q-3. Definitions.

§11-13Q-4. Amount of credit allowed.

§11-13Q-5. Credit allowed for locating corporate headquarters in this state.

§11-13Q-6. Credit allowable for certified projects.

§11-13Q-7. Application of annual credit allowance.

§11-13Q-8. Qualified investment.

§11-13Q-9. New jobs percentage.

§11-13Q-10. Credit for small business.

§11-13Q-10a. Credit allowed for specified high technology manufacturers.

§11-13Q-11. Forfeiture of unused tax credits; redetermination of credit allowed.

§11-13Q-12. Recapture of credit; recapture tax imposed.

§11-13Q-13. Transfer of qualified investment to successors.

§11-13Q-14. Identification of investment credit property.

§11-13Q-15. Failure to keep records of investment credit property.

§11-13Q-16. Interpretation and construction.

§11-13Q-17. Severability.

§11-13Q-18. Burden of proof; application required; failure to make timely application.

§11-13Q-19. Business eligible for credit entitlements.

§11-13Q-20. Tax credit review and accountability.

§11-13Q-21. Effective date; election; notice of claim or election under transition rules.

§11-13Q-22. Credit available for taxpayers which do not satisfy the new jobs percentage requirement.

CHAPTER 11, ARTICLE 13R. STRATEGIC RESEARCH AND DEVELOPMENT TAX CREDIT.

§11-13R-1. Short title.

§11-13R-2. Legislative finding and purpose.

§11-13R-3. Definitions.

§11-13R-4. Annual combined qualified research and development expenditure, qualified research and development expenses.

§11-13R-5. Amount of credit allowed.

§11-13R-6. Application of credit.

§11-13R-7. Forfeiture of unused tax credits; redetermination of credit allowed.

§11-13R-8. Transfer of qualified research and development investment to successors.

§11-13R-9. Identification of investment credit property.

§11-13R-10. Failure to keep records of qualified research and development credit property.

§11-13R-11. Tax credit review and accountability.

§11-13R-12. Effective date.

§11-13R-13. Expiration of tax credit.

CHAPTER 11, ARTICLE 13S. MANUFACTURING INVESTMENT TAX CREDIT.

§11-13S-1. Short title.

§11-13S-2. Legislative findings and purpose.

§11-13S-3. Definitions.

§11-13S-4. Amount of credit allowed for manufacturing investment.

§11-13S-5. Qualified manufacturing investment.

§11-13S-6. Forfeiture of unused tax credits; redetermination of credit allowed.

§11-13S-7. Transfer of property purchased for manufacturing investment to successors.

§11-13S-8. Identification of investment credit property.

§11-13S-9. Failure to keep records of property purchased for manufacturing investment.

§11-13S-10. Tax credit review and accountability.

CHAPTER 11, ARTICLE 13T. TAX CREDIT FOR COMBINED CLAIMS MADE MEDICAL MALPRACTICE PREMIUMS AND MEDICAL MALPRACTICE LIABILITY TAIL INSURANCE PREMIUMS PAID.

§11-13T-1. Legislative finding and purpose.

§11-13T-2. Definitions.

§11-13T-3. Eligibility for tax credits; creation of the credit.

§11-13T-4. Amount of credit allowed.

§11-13T-5. Unused credit; carryforward; credit forfeiture.

§11-13T-6. Application of credit against health care provider tax; schedules; estimated taxes.

§11-13T-7. Computation and application of credit.

§11-13T-8. Legislative rules.

§11-13T-9. Burden of proof.

CHAPTER 11, ARTICLE 13U. HIGH-GROWTH BUSINESS INVESTMENT TAX CREDIT.

§11-13U-1. Short title.

§11-13U-2. Legislative finding and purpose.

§11-13U-3. Definitions.

§11-13U-4. High-growth business investment tax credit.

§11-13U-5. Restrictions on investment.

§11-13U-6. Penalty.

§11-13U-7. Disclosure of tax credits.

§11-13U-8. Tax credit review and accountability.

§11-13U-9. Rules.

§11-13U-10. Effective date; expiration of credit.

CHAPTER 11, ARTICLE 13V. WORKERS' COMPENSATION DEBT REDUCTION ACT.

§11-13V-1. Short title.

§11-13V-2. Legislative intent and findings.

§11-13V-3. Definitions.

§11-13V-4. Imposition of tax.

§11-13V-4a. Coalbed methane.

§11-13V-5. Accounting periods and methods of accounting.

§11-13V-6. Time for filing annual returns and other documents.

§11-13V-7. Periodic installment payments of taxes imposed by this article; exceptions.

§11-13V-8. Extension of time for filing returns.

§11-13V-9. Extension of time for paying tax.

§11-13V-10. Place for filing returns or other documents.

§11-13V-11. Time and place for paying tax shown on returns.

§11-13V-12. Signing of returns and other documents.

§11-13V-13. Bond of taxpayer may be required.

§11-13V-14. Collection of tax; agreement for processor to pay tax due from severor.

§11-13V-15. Records.

§11-13V-16. General procedure and administration.

§11-13V-17. Crimes and penalties.

CHAPTER 11, ARTICLE 13W. APPRENTICESHIP TRAINING TAX CREDITS.

§11-13W-1. Tax credits for apprenticeship training in construction trades.

CHAPTER 11, ARTICLE 13X. WEST VIRGINIA FILM INDUSTRY INVESTMENT ACT.

§11-13X-1. Short title.

§11-13X-2. Legislative findings and purpose.

§11-13X-3. Definitions.

§11-13X-4. Creation of the tax credit.

§11-13X-5. Amount of credit allowed; limitation of the credits.

§11-13X-6. Requirements for credit.

§11-13X-7. Application of credit to state taxes.

§11-13X-8. Uses of credit; unused credit; carry forward; carry back prohibited; expiration and forfeiture of credit.

§11-13X-9. Legislative rules.

§11-13X-10. Burden of proof.

§11-13X-11. Tax credit review and accountability.

§11-13X-12. Economic development; utilization of state locations, talent, and production companies.

§11-13X-13. Effective date, elimination of film tax credits, preservation of film tax credits earned prior to the sunset date; cessation of the West Virginia Film Office.

CHAPTER 11, ARTICLE 13Y. THE WEST VIRGINIA MANUFACTURING PROPERTY TAX ADJUSTMENT ACT.

§11-13Y-1. Short title.

§11-13Y-2. Definitions.

§11-13Y-3. Eligibility for tax credits; creation of the credit.

§11-13Y-4. Amount of credit allowed.

§11-13Y-5. Application of annual credit allowance.

§11-13Y-6. Availability of credit to successors.

§11-13Y-7. Credit recapture; interest; penalties; additions to tax; statute of limitations.

§11-13Y-8. Report on credit.

§11-13Y-9. Effective date.

CHAPTER 11, ARTICLE 13Z. RESIDENTIAL SOLAR ENERGY TAX CREDIT.

§11-13Z-1. Amount of credit.

§11-13Z-2. Restrictions.

§11-13Z-3. Carryover credit allowed; Tax Commissioner to promulgate rules.

CHAPTER 11, ARTICLE 13AA. COMMERCIAL PATENT INCENTIVES TAX ACT.

§11-13AA-1. Short title.

§11-13AA-2. Legislative findings and purpose.

§11-13AA-3. Definitions.

§11-13AA-4. Tax incentive for developing patents in this state.

§11-13AA-5. Tax credit for use of a patent in a manufacturing process or product in this state that was developed in this state.

§11-13AA-6. Transfer of credit to successors.

§11-13AA-7. Identification of a patent and required records.

§11-13AA-8. Failure to keep records of a patent for which credit allowed.

§11-13AA-9. Tax credit review and accountability.

§11-13AA-10. Promulgation of rules.

§11-13AA-11. Interpretation and construction.

§11-13AA-12. Effective date.

§11-13AA-13. Termination of credit.

CHAPTER 11, ARTICLE 13BB. WEST VIRGINIA INNOVATIVE MINE SAFETY TECHNOLOGY TAX CREDIT ACT.

§11-13BB-1. Short title.

§11-13BB-2. Legislative findings and purpose.

§11-13BB-3. Definitions.

§11-13BB-4. List of approved innovative mine safety technology.

§11-13BB-5. Amount of credit allowed.

§11-13BB-6. Qualified investment.

§11-13BB-7. Forfeiture of unused tax credits.

§11-13BB-8. Transfer of certified eligible safety property to successors.

§11-13BB-9. Identification of investment credit property.

§11-13BB-10. Failure to keep records of certified eligible safety property.

§11-13BB-11. Tax credit review and accountability.

§11-13BB-12. Disclosure of tax credits.

§11-13BB-13. Rules.

§11-13BB-14. Termination.

CHAPTER 11, ARTICLE 13CC. ENERGY INTENSIVE INDUSTRIAL CONSUMERS REVITALIZATION TAX CREDIT.

§11-13CC-1. Short title.

§11-13CC-2. Legislative findings and purpose.

§11-13CC-3. Amounts of credits; limitations.

§11-13CC-3a. Applicability to minimum severance tax credit.

§11-13CC-4. Required payments to public utilities.

§11-13CC-5. Expiration.

CHAPTER 11, ARTICLE 13DD. WEST VIRGINIA FARM-TO-FOOD BANK TAX CREDIT.

§11-13DD-1. Findings and purpose.

§11-13DD-2. Definitions.

§11-13DD-3. Amount of credit; limitation of credit.

§11-13DD-4. Determination of value of credit.

§11-13DD-5. Legislative rules.

§11-13DD-6. Tax credit review report.

§11-13DD-7. Effective date.

CHAPTER 11, ARTICLE 13EE. COAL SEVERANCE TAX REBATE.

§11-13EE-1. Findings and purpose.

§11-13EE-2. Definitions.

§11-13EE-3. Rebate allowable.

§11-13EE-4. Information required to determine amount of rebate allowable.

§11-13EE-5. Claim for rebate.

§11-13EE-6. Suspension of payment of rebate.

§11-13EE-7. Burden of proof; application required; failure to make timely application.

§11-13EE-8. Identification of capital investment property.

§11-13EE-9. Failure to keep records of investment credit property.

§11-13EE-10. Transfer of qualified investment property to successors.

§11-13EE-11. Recapture of rebate; recapture tax imposed.

§11-13EE-12. Interpretation and construction.

§11-13EE-13. Rebate report.

§11-13EE-14. Rules.

§11-13EE-15. Severability.

§11-13EE-16. Effective date.

CHAPTER 11, ARTICLE 13FF. TAX CREDIT FOR DONATION OR SALE OF VEHICLE.

§11-13FF-1. Definitions.

§11-13FF-2. Amount of credit; limitation of credit.

§11-13FF-3. Determination of value of credit.

§11-13FF-4. Applicability to “as is” vehicles.

§11-13FF-5. Legislative rules.

§11-13FF-6. Tax credit review report.

§11-13FF-7. Effective date.

CHAPTER 11, ARTICLE 13GG. DOWNSTREAM NATURAL GAS MANUFACTURING INVESTMENT TAX CREDIT OF 2020.

§11-13GG-1. Short title.

§11-13GG-2. Legislative finding and purpose.

§11-13GG-3. Definitions.

§11-13GG-4. Amount of credit allowed.

§11-13GG-5. Application of annual credit allowance.

§11-13GG-6. Qualified investment.

§11-13GG-7. New jobs percentage.

§11-13GG-8. Forfeiture of unused tax credits; redetermination of credit allowed.

§11-13GG-9. Recapture of credit; recapture tax imposed.

§11-13GG-10. Transfer of qualified investment to successors.

§11-13GG-11. Identification of investment credit property.

§11-13GG-12. Failure to keep records of investment credit property.

§11-13GG-13. Interpretation and construction.

§11-13GG-14. Burden of proof; application required; failure to make timely application.

§11-13GG-15. Tax credit review and accountability.

§11-13GG-16. Rules.

§11-13GG-17. General procedure and administration.

§11-13GG-18. Crimes and penalties.

§11-13GG-19. Severability.

§11-13GG-20. Effective date.

CHAPTER 11, ARTICLE 13HH. THE WEST VIRGINIA NATURAL GAS LIQUIDS PROPERTY TAX ADJUSTMENT ACT.

§11-13HH-1. Short title.

11-13HH-2. Definitions.

§11-13HH-3. Eligibility for tax credits; creation of the credit.

§11-13HH-4. Amount of credit allowed.

§11-13HH-5. Application of annual credit allowance.

§11-13HH-6. Availability of credit to successors.

§11-13HH-7. Credit recapture; interest; penalties; additions to tax; statute of limitations.

§11-13HH-8. Report on credit.

§11-13HH-9. Effective date and expiration date.

§11-13HH-10. Rule-making.

CHAPTER 11, ARTICLE 13II. THE HIGH-WAGE GROWTH BUSINESS TAX CREDIT ACT.

§11-13II-1. The High-Wage Growth Business Tax Credit Act.

§11-13II-2. Definitions.

§11-13II-3. High-wage growth business tax credit.

§11-13II-4. Obtaining tax credit following tax year.

§11-13II-5. Rules.

CHAPTER 11, ARTICLE 13JJ. WEST VIRGINIA VOLUNTEER FIREFIGHTER TAX CREDIT ACT.

§11-13JJ-1. Findings and Purpose.

§11-13JJ-2. Definitions.

§11-13JJ-3. Amount of credit; limitation of credit.

§11-13JJ-4. Qualification for credit.

§11-13JJ-5. Legislative rules.

§11-13JJ-6. Tax credit review report.

§11-13JJ-7. Effective date.

CHAPTER 11, ARTICLE 13KK. WEST VIRGINIA TAX CREDIT FOR FEDERAL EXCISE TAX IMPOSED UPON SMALL ARMS AND AMMUNITION MANUFACTURERS.

§11-13KK-1. Legislative finding and purpose.

§11-13KK-2. Definitions.

§11-13KK-3. Amount of credit allowed.

§11-13KK-4. Application of annual credit allowance.

§11-13KK-5. Qualified investment.

§11-13KK-6. Forfeiture of unused tax credits; redetermination of credit allowed.

§11-13KK-7. Transfer of qualified investment to successors.

§11-13KK-8. Identification of investment credit property.

§11-13KK-9. Failure to keep records of investment credit property.

§11-13KK-10. Interpretation and construction.

§11-13KK-11. Burden of proof; application required; failure to make timely application.

§11-13KK-12. Tax credit review and accountability.

§11-13KK-13. Rules.

§11-13KK-14. General procedure and administration.

§11-13KK-15. Crimes and penalties.

§11-13KK-16. Severability.

§11-13KK-17. Effective date.

CHAPTER 11, ARTICLE 13LL. INDUSTRIAL ADVANCEMENT ACT.

§11-13LL-1. Short title.

§11-13LL-2. Legislative findings and purpose.

§11-13LL-3. Definitions.

§11-13LL-4. Amount of qualified labor intensive heavy industrial manufacturing project tax credit allowed for manufacturing investment.

§11-13LL-5. Qualified manufacturing investment.

§11-13LL-6. Forfeiture of unused tax credits; redetermination of credit allowed.

§11-13LL-7. Transfer of property purchased for manufacturing investment to successors.

§11-13LL-8. Identification of investment credit property.

§11-13LL-9. Failure to keep records of property purchased for manufacturing investment.

§11-13LL-10. Rule-making.

§11-13LL-11. Application of the West Virginia Tax Procedure and Administration Act and West Virginia Tax Crimes and Penalties Act.

§11-13LL-12. Effective date.

§11-13LL-13. Consumers sales and service tax and use tax exemption for certificate holders and for construction contractors.

§11-13LL-14. Certain taxes prohibited.

CHAPTER 11, ARTICLE 13MM. WEST VIRGINIA PROPERTY TAX ADJUSTMENT ACT.

§11-13MM-1. Findings and Purpose

§11-13MM-2. Definitions.

§11-13MM-3. Motor vehicle property tax adjustment credit.

§11-13MM-4. Disabled veteran real property tax credit.

§11-13MM-5. Small business property tax adjustment credit.

§11-13MM-6. Rulemaking.

§11-13MM-7. Annual Reports.

11-13MM-8. Tax administration and procedures.

§11-13MM-9. Severability.

§11-13MM-10. Effective Date.

CHAPTER 11, ARTICLE 14. GASOLINE AND SPECIAL FUEL EXCISE TAX.

§11-14-1. Short title; arrangement of sections or portions of article.

§11-14-2. Definitions.

§11-14-3. Imposition of tax.

§11-14-3a. Applicability of rate increase to gasoline or special fuel on hand or in inventory.

§11-14-4. Computation of tax.

§11-14-5. Exemptions from tax.

§11-14-5a. Exemption for bulk sales to interstate motor carriers.

§11-14-5b. Exemptions for sales made through special devices.

§11-14-6. Gasoline or special fuel exported or in interstate commerce; distributors or producers may pay tax shipments into state.

§11-14-7. Due date of reports; reports required; records to be kept; examination of records; subpoena powers; examination of witnesses.

§11-14-8. Tax due.

§11-14-9. Repealed. Acts, 1984 Reg. Sess., Ch. 170.

§11-14-10. Refund of taxes illegally collected, etc.; refund for gallonage exported or lost through casualty or evaporation; change of rate; petition for refund.

§11-14-11. Refund of tax because of certain nonhighway uses; statute of limitations and effective date.

§11-14-11a. Refund of tax on gasoline or special fuel paid by any municipality, county, county board of education, volunteer fire department, nonprofit ambulance service and emergency rescue service.

§11-14-12. Partial refund of tax on tax-paid gallonage consumed in buses.

§11-14-13. Surety bonds required; release of surety; new bond.

§11-14-14. Enforcement powers.

§11-14-15. Disposition of tax collected.

§11-14-16. Repealed. Acts, 2001 1st Ex. Sess. Reg. Sess., Ch. 11.

§11-14-17. No dyed fuel on highways.

§11-14-17a. Spot check inspections.

§11-14-18. Penalty for refusal to permit inspection.

§11-14-19. Penalty for failure to file required return when no tax due.

§11-14-20. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-14-21. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-14-22. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-14-23. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-14-24. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-14-25. Receivership or insolvency proceeding.

§11-14-26. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-14-27. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-14-28. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-14-29. Severability.

§11-14-30. General procedure and administration.

§11-14-31. Repeal of article.

CHAPTER 11, ARTICLE 14A. MOTOR CARRIER ROAD TAX.

§11-14A-1. Short title; arrangement of sections or portions of article.

§11-14A-2. Definitions.

§11-14A-3. Imposition of tax; amount; tax in addition to all other taxes.

§11-14A-3a. Leased motor carriers, household goods carriers, and independent contractors.

§11-14A-4. Computation of tax.

§11-14A-5. Reports of carriers; joint reports; records; examination of records; subpoenas and witnesses.

§11-14A-6. Payment of tax.

§11-14A-7. Identification markers; fees; civil penalties; criminal penalties.

§11-14A-7a. Repealed. Acts, 1989, 1st Ex. Sess., Ch. 4.

§11-14A-8. Exemptions.

§11-14A-9. Credits against tax.

§11-14A-10. Repealed. Acts, 1984 Reg. Sess., Ch. 170.

§11-14A-11. Refunds authorized; claim for refund and procedure thereon; surety bonds and cash bonds.

§11-14A-12. Enforcement powers.

§11-14A-13. Disposition of tax collected.

§11-14A-14. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-14A-15. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-14A-16. Civil penalty for failure to file required return when no tax due.

§11-14A-17. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-14A-18. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-14A-19. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-14A-20. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-14A-21. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-14A-22. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-14A-23. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-14A-24. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-14A-25. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-14A-26. Severability.

§11-14A-27. General procedure and administration.

§11-14A-28. Effective date.

CHAPTER 11, ARTICLE 14B. INTERSTATE FUEL TAX AGREEMENT.

§11-14B-1. Purpose.

§11-14B-2. Definitions.

§11-14B-3. Registration of motor carriers.

§11-14B-4. Cooperative agreements between states authorized.

§11-14B-5. Scope of agreement.

§11-14B-6. Effect of international fuel tax agreement on the administration or application of motor fuel use taxes imposed by this state.

§11-14B-7. Effective date of international fuel tax agreement or amendment.

§11-14B-8. Copy of agreement to be maintained by Tax Commissioner.

§11-14B-9. Exchange of information.

§11-14B-10. Audits.

§11-14B-11. Disposition of moneys; international fuel tax agreement clearing fund.

§11-14B-12. Regulations.

§11-14B-13. Legal remedies.

§11-14B-14. General procedure and administration; conformity with agreement.

§11-14B-15. Criminal penalties.

§11-14B-16. Reimbursement of expenses of Tax Commissioner.

§11-14B-17. Severability.

CHAPTER 11, ARTICLE 14C. MOTOR FUEL EXCISE TAX.

§11-14C-1. Short title; nature of tax.

§11-14C-2. Definitions.

§11-14C-3. Rules; forms.

§11-14C-4. Exchange of information; criminal penalty for unauthorized disclosure.

§11-14C-5. Taxes levied; rate.

§11-14C-6. Point of imposition of motor fuels tax.

§11-14C-6a. Point of imposition of motor fuels tax on alternative fuel.

§11-14C-7. Tax on unaccounted-for motor fuel losses; liability.

§11-14C-8. Backup tax; liability.

§11-14C-9. Exemptions from tax; claiming refunds of tax.

§11-14C-9a. Additional exemptions from tax.

§11-14C-10. Persons required to be licensed.

§11-14C-11. License application procedure.

§11-14C-12. Permissive supplier requirements on out-of-state removals.

§11-14C-13. Bond requirements.

§11-14C-14. Grounds for denial of license.

§11-14C-15. Issuance of license.

§11-14C-16. Notice of discontinuance, sale or transfer of business.

§11-14C-17. License cancellation.

§11-14C-18. Records and lists of license applicants and licensees.

§11-14C-19. When tax return and payment are due.

§11-14C-20. Remittance of tax to supplier or permissive supplier.

§11-14C-21. Notice of cancellation or reissuance of licenses; effect of notice.

§11-14C-22. Information required on return filed by supplier or permissive supplier.

§11-14C-23. Deductions and discounts allowed a supplier and a permissive supplier when filing a return.

§11-14C-24. Duties of supplier or permissive supplier as trustee.

§11-14C-25. Returns and discounts of importers.

§11-14C-26. Informational returns of terminal operators.

§11-14C-27. Informational returns of motor fuel transporters.

§11-14C-28. Exports.

§11-14C-29. Identifying information required on return.

§11-14C-30. Refund of taxes erroneously collected, etc.; refund for gallonage exported or lost through casualty or evaporation; change of rate; petition for refund.

§11-14C-31. Claiming refunds.

§11-14C-32. Payment of refund.

§11-14C-33. General procedure and administration; crimes and penalties.

§11-14C-34. Shipping documents; transportation of motor fuel; civil penalty.

§11-14C-35. Import confirmation number; civil penalty.

§11-14C-36. Improper sale or use of untaxed motor fuel; civil penalty.

§11-14C-37. Refusal to allow inspection or taking of fuel sample; civil penalty.

§11-14C-38. Engaging in business without a license; civil penalty.

§11-14C-39. Preventing a person from obtaining a license; civil penalty.

§11-14C-40. Filing a false return; failure to file return; civil penalty.

§11-14C-41. Willful commission of prohibited acts; criminal penalties.

§11-14C-42. Unlawful importing, transportation, delivery, storage or sale of motor fuel; sale to enforce assessment.

§11-14C-43. Record-keeping requirements.

§11-14C-44. Inspection of records.

§11-14C-45. Authority to inspect.

§11-14C-46. Marking requirements for dyed diesel fuel storage facilities.

§11-14C-47. Disposition of tax collected; dedicated receipts; reports.

§11-14C-48. Motor Fuel Excise Tax Shortfall State Road Fund support payment.

CHAPTER 11, ARTICLE 15. CONSUMERS SALES AND SERVICE TAX.

§11-15-1. General consumers sales and service tax imposed.

§11-15-1a. Legislative findings.

§11-15-2. Definitions.

§11-15-3. Amount of tax; allocation of tax and transfers.

§11-15-3a. Rate of tax on food and food ingredients intended for human consumption; reductions and cessations of tax.

§11-15-3b. Exceptions to reduced rate of tax on food and food ingredients intended for human consumption.

§11-15-3c. Imposition of consumers sales tax on motor vehicle sales; rate of tax; use of motor vehicle purchased out of state; definition of sale; definition of motor vehicle; exemptions; collection of tax by Division of Motor Vehicles; dedication of tax to highways; legislative and emergency rules.

§11-15-4. Purchaser to pay; accounting by vendor.

§11-15-4a. Noncollection of tax; liability of vendor.

§11-15-4b. Liability of purchaser; assessment and collection.

§11-15-4c. Collection of fee in addition to the consumers sales tax for sales of mobile factory-built homes; deposit of additional fee in West Virginia Affordable Housing Trust Fund.

§11-15-5. Total amount collected is to be remitted.

§11-15-5a. Repealed. Acts, 1987 reg. Sess., Ch. 138.

§11-15-6. Vendor must show sale or service exempt; presumption.

§11-15-7. Tax on gross proceeds of sales or value of manufactured, etc., products.

§11-15-7a. Tax on the manufacture, sale and installation of modular dwellings.

§11-15-8. Furnishing of services included; exceptions.

§11-15-8a. Contractors.

§11-15-8b. Nonresident contractor--registration, bond, etc.

§11-15-8c. Transition rules for elimination of exemption for materials and supplies incorporated in real property owned by governmental entities.

§11-15-8d. Limitations on right to assert exemptions.

§11-15-9. Exemptions.

§11-15-9a. Exemptions; exceptions for sales of liquors and wines to private clubs.

§11-15-9b. Exemption for purchases of tangible personal property and services for direct use in research and development.

§11-15-9c. Exemption for services and materials regarding technical evaluation for compliance to federal and state environmental standards provided by environmental and industrial consultants.

§11-15-9d. Direct pay permits.

§11-15-9e. Apportionment of purchase price; existing contracts protected.

§11-15-9f. Exemption for sales and services subject to special district excise tax.

§11-15-9g. Exemption for clothing, footwear and school supplies for limited period in the year 2004.

§11-15-9h. Exemptions for sales of computer hardware and software directly incorporated into manufactured products; certain leases; sales of electronic data processing service; sales of computer hardware and software directly used in communication; sales of educational software; sales of Internet advertising; sales of high-technology business services directly used in fulfillment of a government contract; sales of tangible personal property for direct use in a high-technology business or Internet advertising business; definitions.

§11-15-9i. Exempt drugs, durable medical equipment, mobility enhancing equipment and prosthetic devices.

§11-15-9j. Direct pay permits for health care providers.

§11-15-9k. Annual exemption for purchases of energy efficient products.

§11-15-9l. Exemption for Sales of clothing and clothing accessories by tax-exempt organizations.

§11-15-9m. Discretionary designation of per se exemptions.

§11-15-9n. Exemption of qualified purchases of computers and computer software, primary material handling equipment, racking and racking systems, and components, building materials and certain tangible personal property.

§11-15-9o. Exemption for dues, fees and assessments paid to a homeowners' association by a member; taxable expenses of homeowners' association; definitions.

§11-15-9p. Exemption for purchases of services and tangible personal property sold for the repair, remodeling and maintenance of aircraft operated under a fractional ownership program.

§11-15-9q. Exemption for sales by schools and volunteer school support groups.

§11-15-9r. Exemption for precious metals.

§11-15-9s. Exemption for certain school supplies, school instructional materials, laptop and tablet computers, and sports equipment.

§11-15-9t. Exemption for purchases of services and tangible personal property sold for the repair, remodeling, and maintenance of aircraft; defining terms.

§11-15-9u. Exemption for sales of small arms and ammunitions.

§11-15-10. Tax paid by ultimate consumer.

§11-15-11. Exemption for certain organizations.

§11-15-12. Agreements by competing taxpayers.

§11-15-13. Remittance of tax when sale on credit.

§11-15-14. When separate records of sales required.

§11-15-15. Sales to affiliated companies or persons.

§11-15-16. Tax return and payment; exception; requiring a combined return.

§11-15-17. Liability of officers of corporation, etc.

§11-15-18. Tax on gasoline and special fuel; section repealed January 1, 2004.

§11-15-18a. Receivership; bankruptcy; priority of tax.

§11-15-18b. Tax on motor fuel.

§11-15-19. Other times for filing returns.

§11-15-20. Quarterly and annual returns.

§11-15-21. Annual return; extension of time.

§11-15-22. Consolidated returns.

§11-15-23. Keeping and preserving of records.

§11-15-24. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-15-24a. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-15-24b. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-15-24c. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-15-24d. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-15-24e. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-15-24f. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-15-25. Records of nonresidents doing business in state.

§11-15-26. Records of Tax Commissioner; preservation of returns.

§11-15-27. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-15-27a. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-15-28. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-15-29. Repealed. Acts, 1984 Reg. Sess., Ch. 170.

§11-15-30. Proceeds of tax; appropriation of certain revenues.

§11-15-30a. Repealed. Acts, 1994, 1st Ex. Sess., Ch. 25.

§11-15-31. Construction and severability.

§11-15-32. General procedure and administration.

§11-15-33. Effective date.

§11-15-34. Tourism development project tax credit.

CHAPTER 11, ARTICLE 15A. USE TAX.

§11-15A-1. Definitions.

§11-15A-1a. Legislative findings.

§11-15A-2. Imposition of tax; six percent tax rate; inclusion of services as taxable; transition rules; allocation of tax and transfers.

§11-15A-2a. Tax on value of property used or consumed in this state.

§11-15A-2b. Tax on the manufacture, sale and installation of modular dwellings.

§11-15A-3. Exemptions.

§11-15A-3a. Moving residence or business into state.

§11-15A-3b. Repealed. Acts, 1996 Reg. Sess., Ch. 239.

§11-15A-3c. Repealed. Acts, 1996 Reg. Sess., Ch. 239.

§11-15A-3d. Direct pay permits.

§11-15A-4. Evidence of use.

§11-15A-5. How collected.

§11-15A-6. Collection by retailer.

§11-15A-6a. Collection by certain other retailers.

§11-15A-6b. Collection of tax by marketplace facilitators and referrers.

§11-15A-7. Foreign retailers.

§11-15A-8. Absorbing tax.

§11-15A-9. Tax as debt.

§11-15A-10. Payment to Tax Commissioner.

§11-15A-10a. Credit for sales tax liability paid to another state.

§11-15A-11. Liability of user.

§11-15A-12. Bond to secure payment.

§11-15A-13. Tax on gasoline and special fuel; section repealed January 1, 2004.

§11-15A-13a. Tax on motor fuel effective January 1, 2004.

§11-15A-14. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-15A-15. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-15A-16. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-15A-17. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-15A-18. Seller must show sale not at retail; presumption.

§11-15A-19. Repealed. Acts, 1984 Reg. Sess., Ch. 170.

§11-15A-20. Repealed. Acts, 1984 Reg. Sess., Ch. 170.

§11-15A-21. Books; examination.

§11-15A-22. Canceling or revoking permits.

§11-15A-23. Tax imposed is in addition to all other taxes and charges.

§11-15A-24. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-15A-25. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-15A-26. Repealed. Acts, 1986 2nd Ex. Sess., Ch. 6.

§11-15A-27. Construction; partial unconstitutionality.

§11-15A-28. General procedure and administration.

§11-15A-29. Effective date.

CHAPTER 11, ARTICLE 15B. STREAMLINED SALES AND USE TAXES.

§11-15B-1. Title.

§11-15B-2. Definitions.

§11-15B-2a. Streamlined Sales and Use Tax Agreement defined.

§11-15B-2b. Telecommunications definitions.

§11-15B-3. Legislative findings.

§11-15B-4. Authority to participate in multistate negotiations.

§11-15B-4a. Representatives to governing board of streamlined sales and use tax agreement.

§11-15B-5. Authority to enter agreement.

§11-15B-6. Relationship to state law.

§11-15B-7. Agreement requirements.

§11-15B-8. Cooperating sovereigns.

§11-15B-9. Limited binding and beneficial effect.

§11-15B-10. Seller and third-party liability.

§11-15B-11. Seller registration.

§11-15B-12. Effect of seller registration and participation in streamlined sales and use tax administration.

§11-15B-13. Amnesty for registration.

§11-15B-14. General sourcing definitions.

§11-15B-14a. Application of general sourcing rules and exclusion from the rules.

§11-15B-15. General transaction sourcing rules.

§11-15B-16. Repealed. Acts, 2008 Reg. Sess., Ch. 218.

§11-15B-17. Direct mail sourcing.

§11-15B-18. Relief from certain liability for purchasers.

§11-15B-19. Telecommunications and related services sourcing rule.

§11-15B-20. Telecommunication sourcing definitions.

§11-15B-21. Notice for state tax changes.

§11-15B-22. Effective date of rate changes for certain services.

§11-15B-23. Enactment of exemptions.

§11-15B-24. Administration of exemptions.

§11-15B-25. Uniform tax returns.

§11-15B-26. Uniform rules for remittances of funds.

§11-15B-27. Uniform rules for recovery of bad debt.

§11-15B-28. Confidentiality and privacy protections under Model I.

§11-15B-29. Customer refund procedure.

§11-15B-30. Monetary allowances for new technological models for sales tax collection; delayed effective date.

§11-15B-31. Conflict; partial unconstitutionality.

§11-15B-32. Effective date.

§11-15B-33. State administration of local sales and use taxes.

§11-15B-34. State and local sales and use tax bases.

§11-15B-35. Local rate and boundary changes.

§11-15B-36. Relief from certain liability for state and local taxes.

§11-15B-37. State review and approval of certified automated system software and certain liability relief.

CHAPTER 11, ARTICLE 16. NONINTOXICATING BEER.

§11-16-1. Short title.

§11-16-2. Declaration of legislative findings, policy and intent; construction.

§11-16-3. Definitions.

§11-16-4. Responsibility of Alcohol Beverage Control Commissioner; administrators, employees and agents; administration and enforcement expenses.

§11-16-5. State license required; alcoholic content of beer manufactured for sale without state.

§11-16-5a. Off-premises sales not required to be bagged.

§11-16-6. License in one capacity only; no connection between different licensees; when brewer may act as distributor; credit and rebates proscribed; brewer, resident brewer, and brewpub requirements.

§11-16-6a. Brewer and resident brewer license to manufacture, sell, and provide samples.

§11-16-6b. Brewpub, Class A retail dealer, Class B retail dealer, private club, Class A retail licensee, and Class B retail licensee"s authority to sell growlers.

§11-16-6c. Class B retail dealer which is a grocery store, mobile application, or web-based sales privilege permit; fee.

§11-16-6d. Nonintoxicating beer or nonintoxicating craft beer delivery license for a licensed Class A retail dealer or a third-party; requirements; limitations; third-party license fee; retail transportation permit; and requirements.

§11-16-6e. License required for sale and shipment of nonintoxicating beer or nonintoxicating craft beer by a brewer or resident brewer; shipment of limited quantities of nonintoxicating beer or nonintoxicating craft beer; requirements; license fee; and penalties.

§11-16-6f. Nonintoxicating beer or nonintoxicating craft beer delivery license for a licensed Class B retail dealer or a third-party; requirements; limitations; third-party license fee; retail transportation permit; and requirements.

§11-16-7. License not transferable; change of location.

§11-16-8. Form of application for license; fee and bond; refusal of license.

§11-16-9. Amount of license tax; Class A and Class B retail dealers; purchase and sale of nonintoxicating beer permitted; distributors; brewers; brewpubs.

§11-16-10. Brewer"s license for foreign corporation; application; bond; contents of application; limitations; licensed representatives for brewers, resident brewers, and distributors; annual license fee; renewal; suspension; license fee for sales representatives; transportation permits; container label registration; and Beer License Operations Fund created; and implementation operations of fee.

§11-16-11. Special license for festivals and fairs; license fee and application; license subject to provisions of article; exceptions.

§11-16-11a. Nonintoxicating beer sampling.

§11-16-11b. Special license for one-day charitable events; application; license subject to provisions of article; exception.

§11-16-11c. Unlicensed brewer or unlicensed home brewer temporary license; fees; requirements.

§11-16-12. When bond not required; bond of a Class A retail dealer; action on bond of retail dealer upon revocation of license; duty of prosecuting attorney.

§11-16-13. Barrel tax on nonintoxicating beer.

§11-16-14. Collection of unpaid license tax.

§11-16-15. Records of brewer, manufacturer or distributor or operator of a brewpub; collection of unpaid tax and penalty.

§11-16-15b. Repealed. Acts, 1981 Reg. Sess., Ch. 41.

§11-16-16. Restrictions on nonresident brewers, manufacturers and distributors.

§11-16-17. Container labeling.

§11-16-17a. Commissioner to investigate, review, and approve or deny franchise agreements, labels, brands, and line extensions.

§11-16-18. Unlawful acts of licensees; criminal penalties.

§11-16-19. Unlawful acts of persons; criminal penalties.

§11-16-20. Unlawful acts of brewers or manufacturers; criminal penalties.

§11-16-21. Requirements as to franchise agreements between brewers and distributors; transfer of franchise by distributor; franchise distributor network; notice thereof to brewer; arbitration of disputes as to such transfer; violations and penalties; limitation of section.

§11-16-22. Powers of the commissioner; rules, or orders.

§11-16-23. Revocation or suspension of license; monetary penalty; hearing assessment of costs; establishment of enforcement fund.

§11-16-24. Hearing on sanctioning of license; notice; review of action of commissioner; clerk of court to furnish commissioner copy of order or judgment of conviction of licensee; assessment of costs; procedure for appealing any final order of the commissioner which revokes, suspends, sanctions or denies the issuance or renewal of any license issued under this article.

§11-16-25. Reissuance of license after revocation.

§11-16-26. Municipal license tax.

§11-16-27. Revenue collected and paid to State Treasurer; expense of administration.

§11-16-28. Expiration date of existing licenses; when provisions operable.

§11-16-29. Severability.

CHAPTER 11, ARTICLE 17. TOBACCO PRODUCTS EXCISE TAX ACT.

§11-17-1. Short title.

§11-17-2. Definitions.

§11-17-3. Levy of tax; ratio; dedication of proceeds.(a) Tax on cigarettes and tobacco products other than cigarettes. - For the purpose of providing revenue for the General Revenue Fund of the state, an excise tax is hereby levied and imposed on sales of cigarettes and tobacco products other than cigarettes.

§11-17-4. Effect of rate changes; tobacco products on hand or in inventory; report; discount.

§11-17-4a. No tobacco products tax by municipalities or other governmental subdivisions.

§11-17-4b. Levy of tax on e-cigarette liquid; definitions; rate; invoice; report; payment; authority of the Tax Commissioner to inspect and examine witnesses; presumption; bond.

§11-17-5. How tax paid; stamps; how affixed; violations.

§11-17-6. Sales of stamps by deputies; fees; reports of deputies.

§11-17-7. Form of stamps; custody; discounts; security for payments.

§11-17-8. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-17-9. Discounts.

§11-17-10. Refunds.

§11-17-11. Surety bonds required; release of surety; new bond.

§11-17-12. Reports required; due date; records to be kept; inspection of records and stocks; examination of witnesses, summons, etc.

§11-17-13. Preservation of rules.

§11-17-14. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-17-15. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-17-16. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-17-17. Enforcement powers.

§11-17-18. Repealed. Acts, 1981, 1st Ex. Sess., Ch. 8.

§11-17-19. Penalty for failure to file report when no tax due.

§11-17-19a. Criminal penalties.

§11-17-19b. Certain tax-not-paid tobacco products declared contraband.

§11-17-19c. Magistrate courts have concurrent jurisdiction.

§11-17-20. Transportation of unstamped cigarettes or tax-not-paid tobacco products; forfeitures and sales of cigarettes and equipment.

§11-17-20a. Criminal penalty for unlawful transportation of tax-not-paid tobacco products.

§11-17-20b. Vending machines; presence of tax-not-paid tobacco products.

§11-17-21. Severability.

§11-17-22. General procedure and administration.

§11-17-23. Special study on impact of tax on tobacco products other than cigarettes.

CHAPTER 11, ARTICLE 18. EXCISE TAX ON USE, CONSUMPTION OR STORAGE OF CIGARETTES.

§11-18-1. Repealed. Acts, 1967 Reg. Sess., Ch. 194.

CHAPTER 11, ARTICLE 19. SOFT DRINKS TAX.

§11-19-1. Definitions.

§11-19-2. Excise tax on bottled soft drinks, syrups and dry mixtures; disposition thereof.

§11-19-3. Repealed. Acts, 1979 Reg. Sess., Ch. 110.

§11-19-4. Affixing of tax stamps or tax crowns.

§11-19-4a. Cancellation and removal of stamps.

§11-19-4b. Disposition of unused crowns; penalty for violation.

§11-19-5. Purchase of tax stamps or tax crowns; discounts and commissions; refunds and statute of limitations; effective date.

§11-19-5a. Due date of reports; additional reports; extension of time.

§11-19-5b. Additional penalty for late filing or payment.

§11-19-5c. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-19-6. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-19-7. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-19-7a. Seizure and sale of soft drink syrups by commissioner; forfeiture; collection of tax.

§11-19-8. Repealed. Acts, 1981 1st. Ex. Sess., Ch. 8.

§11-19-9. Altering, counterfeiting or reusing tax stamps or tax crowns; penalty.

§11-19-10. Penalties; crimes.

§11-19-11. Separability.

§11-19-12. General procedure and administration.

§11-19-13. Effective date of repeal of article.

CHAPTER 11, ARTICLE 20. RECIPROCAL ENFORCEMENT.

§11-20-1. Authority of other states and their political subdivisions to sue.

CHAPTER 11, ARTICLE 21. PERSONAL INCOME TAX.

§11-21-1. Legislative findings.

§11-21-2. Short title; arrangement and classification.

§11-21-3. Imposition of tax; persons subject to tax.

§11-21-3a. Imposition of tax; persons subject to tax.

§11-21-4. Rate of tax -- Taxable years ending prior to January 1, 1963.

§11-21-4a. Rate of tax -- Taxable years beginning on or after January 1, 1963, and before January 1, 1970.

§11-21-4b. Same -- Taxable years beginning on or after January 1, 1970, and before January 1, 1971.

§11-21-4c. Rate of tax -- Taxable periods beginning on or after January 1, 1971 and ending before April 1, 1983.

§11-21-4d. Rate of tax -- Taxable periods beginning on or after April 1, 1983.

§11-21-4e. Rate of tax -- Taxable years beginning on or after January 1, 1987.

§11-21-4f. Effect of rate changes during taxable year.

§11-21-4g Rate of tax — Taxable years beginning on and after January 1, 2023.

§11-21-4h. Future personal income tax reductions.

§11-21-4i. Rate of tax — Taxable years beginning on and after January 1, 2025.

§11-21-5. Optional tax for certain resident individuals.

§11-21-6. Accounting periods and methods.

§11-21-7. Resident and nonresident defined.

§11-21-8. Credits against tax.

§11-21-8a. Credit for qualified rehabilitated buildings investment.

§11-21-8b. Definitions.

§11-21-8c. Procedures.

§11-21-8d. Standards.

§11-21-8e. Carryback, carryforward.

§11-21-8f. Disclosure of credit applications and grants.

§11-21-8g. Credit for qualified rehabilitated residential building investment.

§11-21-8h. Distribution, sale, transfer or assignment of qualified rehabilitated building investment tax credit.

§11-21-9. Meaning of terms.

§11-21-9a. Pledge of credit or collateral by endorser, guarantor or accommodator not to constitute investment in borrower.

§11-21-10. Low income exclusion.

§11-21-10a. Adoption tax credit.

§11-21-11. West Virginia taxable income of resident individual.

§11-21-12. West Virginia adjusted gross income of resident individual.

§11-21-12a. Additional modification reducing federal adjusted gross income.

§11-21-12b. Combat pay exempt.

§11-21-12c. Deduction for long-term care insurance.

§11-21-12d. Additional modification reducing federal adjusted gross income.

§11-21-12e. Additional modification reducing federal adjusted gross income.

§11-21-12f. Additional modification increasing federal adjusted gross income.

§11-21-12g. Additional modification increasing federal adjusted gross income; disallowance of deduction taken under Internal Revenue Code Section 199.

§11-21-12h. Repeal of section relating to Additional modification reducing federal adjusted gross income relating to tolls for travel on West Virginia toll roads and paid electronically through use of parkways authority commuter (PAC) cards.

§11-21-12i. Decreasing modification reducing federal adjusted gross income for qualifying contribution to a qualified trust maintained for the benefit of a child with autism; effective date.

§11-21-12j. Modifications to federal adjusted income.

§11-21-12k. Additional modification reducing federal adjusted gross income for shareholders of S corporations and members of limited liability companies engaged in banking business.

§11-21-12l. Decreasing modification reducing federal adjusted gross income for the net income of Qualified Opportunity Zone Businesses; effective date.

§11-21-12m. Additional modifications related to a Jumpstart Savings Account.

§11-21-12n. Additional modification reducing federal adjusted gross income related to gaming and gambling losses.

§11-21-13. West Virginia deduction of resident individual.

§11-21-14. West Virginia standard deduction of a resident individual.

§11-21-15. West Virginia itemized deduction of a resident individual.

§11-21-16. West Virginia personal exemptions of resident individual.

§11-21-17. Resident partners.

§11-21-17a. Resident shareholders of S corporations.

§11-21-18. West Virginia taxable income of resident estate or trust.

§11-21-19. Share of resident estate, trust or beneficiary in West Virginia fiduciary adjustment.

§11-21-20. Credit for income tax of another state.

§11-21-21. Senior citizens' tax credit for property tax paid on first $20,000 of taxable assessed value of a homestead in this state.

§11-21-22. Low-income family tax credit.

§11-21-22a. Definitions.

§11-21-22b. Amount of credit.

§11-21-22c. Administration.

§11-21-23. Refundable credit for real property taxes paid in excess of four percent of gross household income.

§11-21-24. Senior citizen property tax relief credit for tax years beginning before 2012.

§11-21-25. Nonrefundable credit for matching contribution to employee’s Jumpstart Savings Account.

§11-21-26 – Child and dependent care credit.

§11-21-27. Reserved for future use.

§11-21-28. Reserved for future use.

§11-21-29. Reserved for future use.

§11-21-30. Computation of tax on income of nonresidents and part-year residents.

§11-21-31. Mobile employee exclusion from state source income.

§11-21-32. West Virginia source income of nonresident individual.

§11-21-33. Repealed. Acts, 1992 Reg. Sess., Ch. 204.

§11-21-34. Repealed. Acts, 1992 Reg. Sess., Ch. 204.

§11-21-35. Repealed. Acts, 1992 Reg. Sess., Ch. 204.

§11-21-36. Repealed. Acts, 1992 Reg. Sess., Ch. 204.

§11-21-37. Nonresident partners and shareholders of S corporations.

§11-21-37a. Allocation and apportionment of income of nonresidents from multistate business activity.

§11-21-37b. Special apportionment rules.

§11-21-37c. Special apportionment rules - financial organizations.

§11-21-38. West Virginia source income of nonresident estate or trust.

§11-21-39. Share of nonresident estate, trust or beneficiary in income from West Virginia sources.

§11-21-40. Credit for income tax of state of residence.

§11-21-41. Special case in which a nonresident need not file West Virginia income tax return.

§11-21-42. Military incentive tax credit.

§11-21-43. Credit for consumers sales and service tax and use tax paid.

§11-21-44. West Virginia source income of part-year resident individuals.

§11-21-45. Reserved for future use.

§11-21-46. Reserved for future use.

§11-21-47. Reserved for future use.

§11-21-48. Reserved for future use.

§11-21-49. Reserved for future use.

§11-21-50. Reserved for future use.

§11-21-51. Returns and liabilities.

§11-21-51a. Composite returns.

§11-21-52. Time and place for filing returns and paying tax.

§11-21-53. Signing of returns and other documents.

§11-21-54. Electronic filing for certain tax preparers.

§11-21-55. Declaration of estimated tax.

§11-21-56. Payments of estimated tax.

§11-21-57. Extensions of time.

§11-21-58. Requirements concerning returns, notices, records and statements.

§11-21-59. Report of change in federal taxable income.

§11-21-59a. Report of change in taxes paid to other states.

§11-21-60. Change of election.

§11-21-61. Extension of time for performing certain acts due to Desert Shield service.

§11-21-62. Income taxes of members of Armed Forces on death.

§11-21-63. Reserved for future use.

§11-21-64. Reserved for future use.

§11-21-65. Reserved for future use.

§11-21-66. Reserved for future use.

§11-21-67. Reserved for future use.

§11-21-68. Reserved for future use.

§11-21-69. Reserved for future use.

§11-21-70. Reserved for future use.

§11-21-71. Requirement of withholding tax from wages.

§11-21-71a. Withholding tax on West Virginia source income of nonresident partners, nonresident S corporation shareholders, and nonresident beneficiaries of estates and trusts.

§11-21-71b. Withholding tax on West Virginia source income of nonresidents.

§11-21-72. Information statement for employee.

§11-21-73. Credit for tax withheld.

§11-21-74. Filing of employer’s withholding return and payment of withheld taxes; annual reconciliation; e-filing required for certain tax preparers and employer.

§11-21-75. Employer's liability for withheld taxes.

§11-21-76. Employer's failure to withhold.

§11-21-77. Extension of withholding to certain lottery winnings; lottery winnings source income.

§11-21-78. Reserved for future use.

§11-21-79. Reserved for future use.

§11-21-80. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-21-81. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-21-82. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-21-83. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-21-84. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-21-85. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-21-86. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-21-87. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-21-88. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-21-89. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-21-90. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-21-91. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-21-92. Repealed. Acts, 1984 Reg. Sess., Ch. 170.

§11-21-93. Personal income tax reserve fund.

§11-21-94. Effective date; severability.

§11-21-94a. Effective date.

§11-21-95. General procedure and administration.

§11-21-96. Dedication of personal income tax proceeds.

§11-21-97. Tax credit for employers providing child care for employees.

CHAPTER 11, ARTICLE 21A. ADDITIONAL INCOME TAXES DUE TO FEDERAL PARTNERSHIP ADJUSTMENTS.

§11-21A-1. Definitions.

§11-21A-2. Reporting adjustments to federal taxable income - General rule.

§11-21A-3. Reporting federal adjustments - partnership level audit and administrative adjustment request.

§11-21A-4. De minimis exception.

§11-21A-5. Assessments of additional West Virginia tax, interest, and additions to tax arising from adjustments to federal taxable income; statute of limitations.

§11-21A-6. Estimated West Virginia tax payments during course of federal audit.

§11-21A-7. Claims for refund or credits of West Virginia tax arising from federal adjustments made by the IRS.

§11-21A-8. Scope of adjustments and extensions of time.

§11-21A-9. Effective date.

§11-21A-10. Legislative, interpretive, and procedural rules.

§11-21A-11. General procedure and administration.

§11-21A-12. Crimes and penalties.

CHAPTER 11, ARTICLE 22. EXCISE TAX ON PRIVILEGE OF TRANSFERRING REAL PROPERTY.

§11-22-1. Definitions.

§11-22-2. Rate of tax; when and by whom payable; additional county tax; county clerk funding for election administration, infrastructure, and security, and other county clerk purposes.

§11-22-3. Payment from proceeds of judicial sale.

§11-22-4. Documentary stamps; affixing; cancellation; declaration of value.

§11-22-5. Commissioner to provide for sale of stamps; rules and regulations.

§11-22-6. Duties of clerk; declaration of consideration or value; filing of sales listing form for Tax Commissioner; disposition and use of proceeds.

§11-22-7. Failure to affix stamps.

§11-22-8. Penalty for recording without documentary stamp; effect.

§11-22-9. Unlawful acts; penalty.

§11-22-10. Erroneous collections; refund.

CHAPTER 11, ARTICLE 23. BUSINESS FRANCHISE TAX.

§11-23-1. Legislative finding.

§11-23-2. Short title; arrangement of sections or portions thereof.

§11-23-3. Meaning of terms; specific terms defined.

§11-23-3a. Meaning of terms; general rule.

§11-23-4. Tax base determined.

§11-23-5. Apportionment of tax base.

§11-23-5a. Special apportionment rules - financial organizations.

§11-23-5b. Repealed. Acts, 2008 Reg. Sess., Ch. 215.

§11-23-6. Imposition of tax; change in rate of tax.

§11-23-7. Persons and other organizations exempt from tax.

§11-23-8. Accounting periods and methods of accounting.

§11-23-9. Annual returns.

§11-23-9a. Method of filing for business taxes.

§11-23-10. Extension of time for filing returns.

§11-23-11. Time and place for paying tax shown on returns.

§11-23-12. Extensions of time for paying tax.

§11-23-13. Declaration and payment of estimated tax.

§11-23-14. Requirements concerning returns, notices, records and statements.

§11-23-15. Signing of returns and other documents.

§11-23-16. Place for filing returns or other documents.

§11-23-17. Credits against tax; expiration of credits.

§11-23-17a. (Effective July 1, 1987) Tax credit for business investment and jobs expansion; industrial expansion and revitalization; eligible research and development projects; coal loading facilities.

§11-23-17b. Application of tax credits.

§11-23-18. Tax under this article in addition to all other taxes.

§11-23-19. Records.

§11-23-20. Criminal penalties.

§11-23-21. General procedure and administration.

§11-23-22. Severability.

§11-23-23. Information return and due date thereof; penalty for failure to file, waiver thereof; short taxable year provisions.

§11-23-24. Repealed. Acts, 2002 Reg. Sess., Ch. 104.

§11-23-24a. Tax credit for value-added products from raw agricultural products; regulations; termination of credit.

§11-23-25. Credit for consumers sales and service tax and use tax paid.

§11-23-26. Effective date.

§11-23-27. Credit for franchise tax paid to another state.

§11-23-28. Notice of business activities report.

§11-23-29. Reserved for future use.

§11-23-30. Reserved for future use.

§11-23-31. Reserved for future use.

§11-23-32. Reserved for future use.

§11-23-33. Reserved for future use.

§11-23-34. Reserved for future use.

§11-23-35. Reserved for future use.

§11-23-36. Reserved for future use.

§11-23-37. Reserved for future use.

§11-23-38. Reserved for future use.

§11-23-39. Reserved for future use.

§11-23-40. Reserved for future use.

CHAPTER 11, ARTICLE 24. CORPORATION NET INCOME TAX.

§11-24-1. Legislative findings.

§11-24-2. Short title; arrangement and classification.

§11-24-3. Meaning of terms; general rule.

§11-24-3a. Specific terms defined.

§11-24-3b. General meaning of definition of the term tax haven for specified jurisdictions.

§11-24-4. Imposition of primary tax and rate thereof; effective and termination dates.

§11-24-4a. Effect of rate changes during taxable year.

§11-24-4b. Dividends paid deduction to be added back in determining net income for captive real estate investment trusts and regulated investment companies; deductible intangible expenses and deductible interest paid to be added back in determining net income of certain entities.

§11-24-5. Corporations exempt from tax.

§11-24-6. Adjustments in determining West Virginia taxable income.

§11-24-6a. Additional modification increasing federal taxable income; disallowance of deduction taken under IRC §199.

§11-24-6b. Decreasing modification reducing federal taxable income for the income of Qualified Opportunity Zone Businesses; effective date.

§11-24-6c. Additional modification decreasing federal taxable income; net liability under apportionment.

§11-24-7. Allocation and apportionment.

§11-24-7a. Special apportionment rules.

§11-24-7b. Special apportionment rules - financial organizations.

§11-24-8. Accounting periods and methods of accounting.

§11-24-9. Credits against primary tax; election of taxpayer; expiration of credit.

§11-24-9a. Credits against primary tax; election of taxpayer.

§11-24-9b. Limited tax credits - Financial organizations.

§11-24-9c. Research and development credit against primary tax.

§11-24-10. Credit for hiring of qualified employees by eligible taxpayers engaged in manufacturing.

§11-24-10a. Nonrefundable credit for matching contribution to employee’s Jumpstart Savings Account.

§11-24-11. Credit for reducing electric or natural gas or water utility rates for low-income residential customers.

§11-24-11a. Credit for reducing telephone utility rates for low-income residential customers.

§11-24-11b. Credit for utility taxpayers with net operating loss carryovers.

§11-24-12. Military incentive tax credit.

§11-24-13. Returns; time for filing.

§11-24-13a. Method of filing for business taxes.

§11-24-13b. Information return for corporations electing to be taxed under subchapter S.

§11-24-13c. Determination of taxable income or loss using combined report.

§11-24-13d. Determination of the business income of the combined group.

§11-24-13e. Designation of surety.

§11-24-13f. Water's-edge reporting mandated absent affirmative election to report based on worldwide unitary combined reporting basis; initiation and withdrawal of worldwide combined reporting election.

§11-24-14. Time and place for filing returns and paying tax.

§11-24-15. Signing of returns and other documents.

§11-24-16. Declarations of estimated tax.

§11-24-17. Payments of estimated tax.

§11-24-17a. Repealed. Acts, 1985 Reg. Sess., Ch. 162.

§11-24-18. Extensions of time.

§11-24-19. Requirements concerning returns, notices, records and statements.

§11-24-20. Report of change in federal taxable income.

§11-24-21. Change of election.

§11-24-22. Repealed. Acts, 2002 Reg. Sess., Ch. 104.

§11-24-22a. Tax credit for value-added products from raw agricultural products; regulations; termination of credit.

§11-24-23. Credit for consumers sales and service tax and use tax paid.

§11-24-23a. Credit for qualified rehabilitated buildings investment.

§11-24-23b. Definitions.

§11-24-23c. Procedures.

§11-24-23d. Standards.

§11-24-23e. Carryback, carryforward.

§11-24-23f. Credit allowed for specific taxable years.

§11-24-23g. Application of credits.

§11-24-24. Credit for income tax paid to another state.

§11-24-25. Reserved for future use.

PART III. PROCEDURE AND ADMINISTRATION. §11-24-26. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-24-27. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-24-28. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-24-29. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-24-30. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-24-31. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-24-32. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-24-33. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-24-34. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-24-35. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-24-36. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-24-37. Repealed. Acts, 1978 Reg. Sess., Ch. 95.

§11-24-38. Deposit of revenue.

§11-24-39. Disposition of revenue.

§11-24-40. Effective date; severability.

§11-24-41. General procedure and administration.

§11-24-42. Effective date.

§11-24-43. Dedication of corporation net income tax proceeds.

§11-24-43a. Dedication of tax proceeds to railways.

§11-24-44. Tax credit for employers providing child care for employees.

CHAPTER 11, ARTICLE 25. TAX RELIEF FOR ELDERLY HOMEOWNERS AND RENTERS.

§11-25-1. Declaration of purpose; rule of construction.

§11-25-2. Definitions.

§11-25-3. Computation of relief; limits; table.

§11-25-4. Forms and instructions; maximum participation.

§11-25-5. Proof of claim; landlord's cooperation required; relief limited to one claimant per homestead per year.

§11-25-6. Filing date.

§11-25-7. Claim as disbursement from state funds; claim is personal; offset.

§11-25-8. Denial of claim; violation of article; assessment; interest and penalties; crime.

§11-25-9. Hearings and appeals.

§11-25-10. Severability.

§11-25-11. Effective date.

CHAPTER 11, ARTICLE 26. HEALTH CARE PROVIDER MEDICAID TAX.

§11-26-1. [Repealed.] Acts, 2019 Reg. Sess., Ch. 250.

§11-26-2. [Repealed.] Acts, 2019 Reg. Sess., Ch. 250.

§11-26-3. [Repealed.] Acts, 2019 Reg. Sess., Ch. 250.

§11-26-4. [Repealed.] Acts, 2019 Reg. Sess., Ch. 250.

§11-26-5. [Repealed.] Acts, 2019 Reg. Sess., Ch. 250.

§11-26-6. [Repealed.] Acts, 2019 Reg. Sess., Ch. 250.

§11-26-7. [Repealed.] Acts, 2019 Reg. Sess., Ch. 250.

§11-26-8. [Repealed.] Acts, 2019 Reg. Sess., Ch. 250.

§11-26-9. [Repealed.] Acts, 2019 Reg. Sess., Ch. 250.

§11-26-10. [Repealed.] Acts, 2019 Reg. Sess., Ch. 250.

§11-26-11. [Repealed.] Acts, 2019 Reg. Sess., Ch. 250.

§11-26-12. [Repealed.] Acts, 2019 Reg. Sess., Ch. 250.

§11-26-13. [Repealed.] Acts, 2019 Reg. Sess., Ch. 250.

§11-26-14. [Repealed.] Acts, 2019 Reg. Sess., Ch. 250.

§11-26-15. [Repealed.] Acts, 2019 Reg. Sess., Ch. 250.

§11-26-16. [Repealed.] Acts, 2019 Reg. Sess., Ch. 250.

§11-26-17. [Repealed.] Acts, 2019 Reg. Sess., Ch. 250.

§11-26-18. Repealed. Acts, 1993 1st Ex. Sess., Ch. 7.

§11-26-19. [Repealed.] Acts, 2019 Reg. Sess., Ch. 250.

§11-26-20. [Repealed.] Acts, 2019 Reg. Sess., Ch. 250.

CHAPTER 11, ARTICLE 27. HEALTH CARE PROVIDER TAXES.

§11-27-1. Legislative findings.

§11-27-2. Short title; arrangement and classification.

§11-27-3. Definitions.

§11-27-4. Imposition of tax on ambulatory surgical centers.

§11-27-5. Imposition of tax on providers of chiropractic services.

§11-27-6. Imposition of tax on providers of dental services.

§11-27-7. Imposition of tax on providers of emergency ambulance service.

§11-27-8. Imposition of tax on providers of independent laboratory or X-ray services.

§11-27-9. Imposition of tax on providers of inpatient hospital services.

§11-27-10. Imposition of tax on providers of intermediate care facility services for individuals with an intellectual disability.

§11-27-10a. Imposition of tax on managed care organizations.

§11-27-11. Imposition of tax on providers of nursing facility services, other than services of intermediate care facilities for individuals with an intellectual disability.

§11-27-12. Imposition of tax on providers of nursing services.

§11-27-13. Imposition of tax on providers of opticians' services.

§11-27-14. Imposition of tax on providers of optometric services.

§11-27-15. Imposition of tax on providers of outpatient hospital services.

§11-27-16. Imposition of tax on providers of physicians' services.

§11-27-17. Imposition of tax on providers of podiatry services.

§11-27-18. Imposition of tax on providers of psychological services.

§11-27-19. Imposition of tax on providers of therapists' services.

§11-27-20. Double taxation prohibited.

§11-27-21. Apportionment of gross receipts.

§11-27-22. Accounting periods and methods of accounting.

§11-27-23. Time for filing returns and other documents.

§11-27-24. Payment of estimated tax.

§11-27-25. Time for paying tax.

§11-27-26. Place for filing returns and other documents.

§11-27-27. Signing of returns and other documents.

§11-27-28. Records.

§11-27-29. General procedure and administration.

§11-27-30. Exchange of information to facilitate compliance.

§11-27-31. Crimes and penalties.

§11-27-32. Dedication of tax.

§11-27-33. Abrogation.

§11-27-34. Severability.

§11-27-35. Effective date.

§11-27-36. Phase out and elimination of tax on services of individual practitioners.

§11-27-37. Contingent increase in rates of certain health care provider taxes.

§11-27-38. Contingent increase of tax rate on certain eligible hospitals.

§11-27-39. Contingent increase of tax rate on certain eligible acute care hospitals to increase practitioner payment fee schedules.

CHAPTER 11, ARTICLE 28. POST-COAL MINE SITE BUSINESS CREDIT.

§11-28-1. Definitions.

§11-28-2. Eligibility for credit.

§11-28-3. Application of credit.

CHAPTER 11A. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.

CHAPTER 11A, ARTICLE 1. ACCRUAL AND COLLECTION OF TAXES.

§11A-1-1. Definition of terms.

§11A-1-2. Lien for real property taxes.

§11A-1-3. Accrual; time for payment; interest on delinquent taxes.

§11A-1-4. Collection by sheriff.

§11A-1-5. Appointment of collector; bond.

§11A-1-6. When collection to commence.

§11A-1-7. No collection of current real property taxes until delinquent real property taxes are paid.

§11A-1-7a. No collection of current personal property taxes until delinquent personal property taxes are paid.

§11A-1-8. Notice of time and place for payment; mailing of tax tickets.

§11A-1-8a. Providing for payment at banking institutions.

§11A-1-9. Payment of taxes by co-owner or other interested party; lien.

§11A-1-10. Payment by owner of part of tract or lot assessed to another.

§11A-1-11. Payment by fiduciary.

§11A-1-12. Receipt for taxes.

§11A-1-13. Accounts to be kept by sheriff.

§11A-1-14. Payment by sheriff into State Treasury.

§11A-1-15. Payment by sheriff to municipal and county board of education treasuries.

§11A-1-16. Sheriff charged with all levies; final settlement.

§11A-1-17. Sheriff's commission for collection.

§11A-1-18. Exception.

CHAPTER 11A, ARTICLE 2. DELINQUENCY AND METHODS OF ENFORCING PAYMENT.

§11A-2-1. Duty of sheriff to enforce payment of delinquent taxes.

§11A-2-2. Collection by civil action; fees and costs not required of sheriff.

§11A-2-3. Distraint.

§11A-2-4. Abatement of distress.

§11A-2-5. Distraint of encumbered property.

§11A-2-6. Distraint where land lies in more than one county.

§11A-2-7. Summary procedure for collection out of money due from or property held by another.

§11A-2-8. Remedies against vendee in possession without deed.

§11A-2-9. Remedies of sheriff paying over taxes not collected.

§11A-2-10. Sale of tax liens on real estate.

§11A-2-10a. Notice of delinquency.

§11A-2-11. Delinquent lists; oath.

§11A-2-12. Penalty for inclusion of taxes paid in delinquent lists.

§11A-2-13. Publication and posting of delinquent tax lists.

§11A-2-14. Correction of delinquent lists by county commission; certification to Auditor; recordation.

§11A-2-15. Examination of lists by Auditor; credit to sheriff.

§11A-2-16. Effect of irregularity as to delinquent lists on later tax enforcement procedure.

§11A-2-17. Presumption of payment based on omission from delinquent lists.

§11A-2-18. Redemption before sale; record; lien.

§11A-2-19. Exception.

CHAPTER 11A, ARTICLE 3. SALE OF TAX LIENS AND NONENTERED, ESCHEATED AND WASTE AND UNAPPROPRIATED LANDS.

§11A-3-1. Declaration of legislative purpose and policy.

§11A-3-2. Second publication of list of delinquent real estate; notice.

§11A-3-3. Waiver of notice by person claiming lien.

§11A-3-4. Redemption after second publication and before certification to the Auditor.

§11A-3-5. Sale by sheriff; immunity; penalty; mandamus.

§11A-3-5a. Effective date of transfer of duties for delinquent land sales by sheriff from the county clerk to the State Auditor.

§11A-3-5b. Authorization for county clerk to perform duties for delinquent land sales by sheriff.

§11A-3-6. Purchase by sheriff, State Auditor, deputy commissioner and clerk of county commission prohibited; co-owner free to purchase at tax sale.

§11A-3-7. Suspension from same; amended delinquent lists; subsequent sale.

§11A-3-8. Certification of property to the Auditor.

§11A-3-9. Sheriff’s list of redemptions and certifications; oath.

§11A-3-10. Sheriff to account for proceeds; disposition of surplus.

§11A-3-11. Return of list certifications; redemptions.

§11A-3-12. Amendment of such list.

§11A-3-13. Publication by sheriff of certification list.

§11A-3-14. Purchase by individual at tax sale; certificate of sale.

§11A-3-15. Certificate of sale assignable.

§11A-3-16. Subsequent tax payments by purchaser.

§11A-3-17. Sale of subsequent tax liens.

§11A-3-18. Limitations on tax liens.

§11A-3-19. What purchaser must do before the deed can be secured.

§11A-3-20. Refund to purchaser of payment made at sheriff’s sale where property is subject of an erroneous assessment or is otherwise nonexistent.

§11A-3-21. Notice to redeem.

§11A-3-22. Service of notice.

§11A-3-23. Redemption from purchase; receipt; list of redemptions; lien; lien of person redeeming interest of another; record.

§11A-3-24. Notice of redemption from purchases; moneys received by sheriff.

§11A-3-25. Distribution of surplus to purchaser.

§11A-3-26. Certificate of redemption issued by State Auditor; recordation; disposition of redemption money.

§11A-3-27. Deed to purchaser; record.

§11A-3-28. Compelling service of notice or execution of deed.

§11A-3-29. One deed for adjoining pieces of real estate within the same tax district.

§11A-3-30. Title acquired by individual purchaser; action to quiet title

§11A-3-31. Effect of irregularity on title acquired by purchaser.

§11A-3-32. Sheriff to keep proceeds in separate accounts; disposition.

§11A-3-33. State commissioner of delinquent and nonentered lands.

§11A-3-34. Deputy commissioners of delinquent and nonentered lands; bond.

§11A-3-35. Land record in Auditor's office.

§11A-3-36. Operating fund for land department in Auditor’s office.

§11A-3-36a. Credit card approved form of payment in land department of Auditor's office.

§11A-3-37. Disposition of nonentered lands.

§11A-3-38. Redemption of nonentered or certified lands.

§11A-3-39. Certificate of redemption issued by Auditor; recordation.

§11A-3-40. Compulsory redemption at election of Auditor.

§11A-3-41. Auditor to report redemptions to county officers; disposition of redemption money; credit of state taxes to proper fund.

§11A-3-42. Lands subject to sale by Auditor.

§11A-3-43. Officers to report lands subject to sale.

§11A-3-44. Auditor to certify list of lands to be sold; lands so certified are subject to sale.

§11A-3-45. Auditor to hold annual auction.

§11A-3-45a. Certain parties barred from participating in public auctions.

§11A-3-46. Publication of notice of auction.

§11A-3-47. Redemption prior to sale.

§11A-3-48. Unsold lands subject to sale without auction or additional advertising.

§11A-3-48a. Certain parties barred from purchasing unsold lands.

§11A-3-49. Purchase by owner or deputy commissioner or other officers prohibited; coowner free to purchase at sale.

§11A-3-50. Receipt to purchaser for purchase price.

§11A-3-51. Deputy commissioner to report sales to Auditor; Auditor to approve sales.

§11A-3-52. Duties of purchaser to secure a deed.

§11A-3-53. Refund to purchaser of payment made at Auditor’s sale where property is nonexistent.

§11A-3-54. Notice to redeem.

§11A-3-55. Service of notice.

§11A-3-56. Redemption from purchase; receipt; list of redemptions; lien; lien of person redeeming interest of another; record.

§11A-3-57. Notice of redemption to purchaser; moneys received by sheriff.

§11A-3-58. Distribution to purchaser.

§11A-3-59. Deed to purchaser; record.

§11A-3-60. Compelling service of notice or execution of deed.

§11A-3-61. One deed for adjoining pieces of real estate within the same tax district.

§11A-3-62. Title acquired by individual purchaser.

§11A-3-63. Effect of irregularity on title acquired by purchaser.

§11A-3-64. Sheriff to receive proceeds of deputy commissioners' sales and redemptions from the deputy commissioner; disposition.

§11A-3-65. Right of former owner to surplus proceeds.

§11A-3-66. Compensation of Auditor.

§11A-3-67. Liability of officer failing to perform duty; penalty.

§11A-3-68. Disposition of lands heretofore purchased by or forfeited to state.

§11A-3-69. Effect of repeal.

§11A-3-70. Release of title to, and taxes on, lands on which all taxes paid for ten years.

§11A-3-71. Deeds of deputy commissioner conveying coal, oil, gas, timber and other natural resources.

§11A-3-72. Release of taxes and interest.

§11A-3-73. Release of taxes, interest and charges on land assessed by erroneous description, etc; misdescription, etc., not to result in forfeiture or subject land to the authority and control of the Auditor.

§11A-3-74. Severability.

CHAPTER 11A, ARTICLE 4. REMEDIES RELATING TO TAX SALES.

§11A-4-1. Declaration of legislative purpose.

§11A-4-2. Right to set aside sale or deed when all taxes paid before sale.

§11A-4-3. Right to set aside deed improperly obtained.

§11A-4-4. Right to set aside deed when one entitled to notice not notified.

§11A-4-5. On whose behalf suits instituted; decree when deed set aside.

§11A-4-6. Redemption by persons under disability from purchase by individual.

§11A-4-7. Right of creditor of former owner of escheated land.

CHAPTER 11B. DEPARTMENT OF REVENUE.

CHAPTER 11B, ARTICLE 1. DEPARTMENT OF REVENUE.

§11B-1-1. Department of Revenue; Office of Secretary of Revenue; Director of Budget; federal funds.

§11B-1-2. Agencies, boards, commissions, divisions and offices comprising the department of finance and revenue.

§11B-1-3. Powers and duties of secretary, administrators, division heads and employees.

§11B-1-4. Reports by secretary.

§11B-1-5. Delegation of powers and duties by secretary.

§11B-1-6. Confidentiality of information.

§11B-1-7. Right of appeal from interference with functioning of agency.

§11B-1-8. Special employment procedures for Tax Division personnel.

CHAPTER 11B, ARTICLE 2. STATE BUDGET OFFICE.

§11B-2-1. Budget office.

§11B-2-2. General powers and duties of secretary as director of budget.

§11B-2-3. Requests for appropriations; copies to legislative Auditor.

§11B-2-4. Contents of requests.

§11B-2-5. Form of requests.

§11B-2-6. Information concerning state finances.

§11B-2-7. Appropriations for judiciary.

§11B-2-8. Examination of requests for appropriations.

§11B-2-9. Appropriation requests by other than spending units.

§11B-2-10. Powers of secretary in administration of expenditures.

§11B-2-11. Estimates of revenue; reports on revenue collections; withholding department funds on noncompliance.

§11B-2-12. Submission of expenditure schedules; contents; submission of information on unpaid obligations; copies to Legislative Auditor.

§11B-2-13. Examination and approval of expenditure schedules; amendments; copies to legislative Auditor.

§11B-2-14. Reserves for emergencies.

§11B-2-15. Reserves for public employees insurance program.

§11B-2-15a. PEIA Rainy Day Fund.

§11B-2-16. Limitation on expenditures.

§11B-2-17. Transfers between items of appropriation of executive, legislative and judicial branches.

§11B-2-18. Expenditure of excess in collections; notices to Auditor and treasurer.

§11B-2-19. Reports by spending units; copies to legislative Auditor.

§11B-2-20. Reduction of appropriations; powers of Governor; Revenue Shortfall Reserve Fund and permissible expenditures therefrom.

§11B-2-21. Reduction of appropriations — Reduction of appropriations from general revenue.

§11B-2-22. Reduction of appropriations -- Reduction of appropriations from other funds.

§11B-2-23. Approval of secretary of requests for changes and receipt and expenditure of federal funds by state agencies; copies or sufficient summary information to be furnished to secretary; consolidated report of federal funds; central agency for receipt of federal funds; unlawful acts.

§11B-2-24. Expenditure of appropriations -- Generally.

§11B-2-25. Expenditure of appropriations -- Other than for purchases of commodities.

§11B-2-26. Expenditure of appropriations -- Purchases of commodities.

§11B-2-27. Expenditure of appropriations - Payment of personal services.

§11B-2-28. Expenditure of appropriations -- Legislative and judicial expenditures.

§11B-2-29. Appropriations for officers, commissions, boards or institutions without office at capitol.

§11B-2-30. Submission of requests, amendments, reports, etc., to legislative Auditor; misdemeanor penalty for noncompliance.

§11B-2-31. Effectuation of transfer of budget section and transition.

§11B-2-32. Establish a special revenue fund designated the Public Employees Insurance Agency Financial Stability Fund; authority of the Secretary of Revenue to redirect certain special revenue funds to the Public Employees Insurance Agency Financial Stability Fund.

CHAPTER 12. PUBLIC MONEYS AND SECURITIES.

CHAPTER 12, ARTICLE 1. STATE DEPOSITORIES.

§12-1-1. Legislative findings and purpose.

§12-1-1a. Definitions.

§12-1-1b. Prohibited clauses in State Treasurer contracts.

§12-1-2. Depositories for demand deposits; categories of demand deposits; competitive bidding for disbursement accounts; maintenance of deposits by State Treasurer; definition of spending unit.

§12-1-3. Depositories for interest earning deposits; qualifications.

§12-1-4. Bonds to be given by depositories.

§12-1-5. Limitation on amount on deposit; dedicated method; rules.

§12-1-6. Unlawful acceptance of deposits by depositories.

§12-1-7. Rules; banking contracts and agreements; depositors; agreements.

§12-1-8. Conflict of interest.

§12-1-9. Transfer of funds by check or electronic funds transfer; requirements.

§12-1-10. The treasurer to keep accounts with depositories; settlements with depositories; statements of depository balances; reconciliation of statements and records.

§12-1-11. Reports by depositories to Treasurer; discontinuance of depositories.

§12-1-12. Investing funds in treasury; depositories outside the state.

§12-1-12a. Investment of operating funds for cash flow needs.

§12-1-12b. Cash Management Improvement Act; administration; reports.

§12-1-12c. Repealed. Acts, 2013 Reg. Sess., Ch. 179.

§12-1-12d. Investments by Marshall University, West Virginia University and West Virginia School of Osteopathic Medicine.

§12-1-12e. Investments by state colleges.

§12-1-13. Payment of banking services and litigation costs for prior investment losses.

§12-1-14. Banking Services for Medical Cannabis.

CHAPTER 12, ARTICLE 1A. WEST VIRGINIA SMALL BUSINESS LINKED DEPOSIT PROGRAM.

§12-1A-1. Definitions.

§12-1A-2. Expired

§12-1A-3. Limitations on investment in linked deposits.

§12-1A-4. Applications for loan priority; loan package; counseling.

§12-1A-5. Acceptance or rejection of loan package; deposit agreement for linked deposits.

§12-1A-6. Certification and monitoring of compliance; accountability and reporting.

§12-1A-7. Liability of state.

§12-1A-8. Penalties for violation of article.

§12-1A-9. Effective dates.

CHAPTER 12, ARTICLE 1B. WEST VIRGINIA SECURITY FOR PUBLIC DEPOSITS ACT.

§12-1B-1. Short title.

§12-1B-2. Legislative intent; findings.

§12-1B-3. Applicability.

§12-1B-4. Definitions.

§12-1B-5. West Virginia Security for Public Deposits Program authorized.

§12-1B-6. The Treasurer’s Collateral Administration Fund.

§12-1B-7. Powers and duties of the State Treasurer; rules; charges; contracts.

§12-1B-8. Authority to secure public deposits; acceptance of liabilities and duties of designated state depositories.

§12-1B-9. Collateral for public deposits.

§12-1B-10. Subrogation of the State Treasurer to depositor’s rights; payment of sums received from distribution of assets.

§12-1B-11. Deposit of public funds in designated state depositories; authority to make public deposits.

§12-1B-12. Liability of public depositors.

§12-1B-13. Reports of designated state depositories.

§12-1B-14. Inconsistent provisions.

CHAPTER 12, ARTICLE 1C. FINANCIAL INSTITUTIONS ENGAGED IN BOYCOTTS OF ENERGY COMPANIES.

§12-1C-1. Definitions.

§12-1C-2. Restricted financial institutions list.

§12-1C-3. Notice to financial institutions.

§12-1C-4. Sources of information.

§12-1C-5. Restricted financial institutions.

§12-1C-6. Limitation on liability.

§12-1C-7. Exemptions.

CHAPTER 12, ARTICLE 2. PAYMENT AND DEPOSIT OF TAXES AND OTHER AMOUNTS DUE THE STATE OR ANY POLITICAL SUBDIVISION.

§12-2-1. How and to whom taxes and other amounts due the state or any political subdivision, official, department, board, commission or other collecting agency thereof may be paid.

§12-2-2. Itemized record of moneys received for deposit; regulations governing deposits; credit to state fund; exceptions.

§12-2-3. Deposit of moneys not due the State.

§12-2-4. Duty of depositories.

§12-2-5. Deposits in correspondent banks of state depositories.

§12-2-6. Violations; penalties.

CHAPTER 12, ARTICLE 3. APPROPRIATIONS, EXPENDITURES AND DEDUCTIONS.

§12-3-1. Manner of payment from treasury; form of checks.

§12-3-1a. Payment by deposit in bank account.

§12-3-1b. Voluntary direct deposits by Auditor of salaries of employees to banks or other financial institutions.

§12-3-2. Auditor may administer oaths; seal.

§12-3-3. Repealed. Acts, 1941 Reg. Sess., Ch. 20.

§12-3-4. No check to be drawn on depository having insufficient funds; necessity of warrant and check or electronic funds transfer.

§12-3-5. When requisition to Auditor sufficient authority for issuing warrant.

§12-3-6. Requisitions on behalf of state boards and institutions.

§12-3-7. Payment of compensation and expenses of members of state boards and commissions; embezzlement.

§12-3-8. Requisition on behalf of institutions to be accompanied by statement showing funds on hand.

§12-3-8a. Limitation on requisitions from judicial accounts.

§12-3-9. Certificate with requisition as to need of money for present use.

§12-3-10. Itemized statement of claim against state; rules to be promulgated concerning same.

§12-3-10a. Purchasing Card Program.

§12-3-10b. Fraudulent or unauthorized use of purchasing cardprohibited; penalties.

§12-3-10c. Transaction fees; disposition of fees.

§12-3-10d. Purchasing Card Fund continued; expenditures.

§12-3-10e. Purchasing Card Advisory Committee created; purpose; membership; expenses.

§12-3-10f. Receiving report required for commodities received.

§12-3-10g. Acceptance by Auditor for payment of a claim submitted by electronically generated invoices.

§12-3-11. Travel expenses; rules to be promulgated concerning travel expenses; dues to voluntary organizations; recruitment expenses for Higher Education Policy Commission and West Virginia higher education governing boards; moving expenses of employees of Higher Education Policy Commission and West Virginia higher education governing boards.

§12-3-12. Expiration of unexpended appropriations; reappropriations.

§12-3-12a. Payment of salaries of employees of Higher Education Policy Commission, Council for Community and Technical College Education and institutions of higher education over the twenty-six biweekly pay cycle.

§12-3-13. Salaries not to be paid until services rendered.

§12-3-13a. Deductions by State Auditor from salaries of state officials and employees to pay taxes and purchase United States government bonds.

§12-3-13b. Voluntary deductions by State Auditor from salaries of employees to pay supplemental health and life insurance premiums; voluntary other deductions.

§12-3-14. Expenditures for institutions to be confined to appropriations for fiscal year; exceptions.

§12-3-15. Expenditures for institutions in excess of appropriations; unauthorized debts; use in part payment of appropriation for whole payment.

§12-3-16. Personal liability and penalty for violation of two preceding sections.

§12-3-17. Liabilities incurred by state boards, commissions, officers or employees which cannot be paid out of current appropriations.

§12-3-18. Itemized statement of claims against counties, school districts or municipalities; false swearing; indorsement.

§12-3-19. General order by county commission, board of education or governing body of a municipal corporation prohibited.

§12-3-20. Electronic or wire transfer.

CHAPTER 12, ARTICLE 3A. FINANCIAL ELECTRONIC COMMERCE.

§12-3A-1. Legislative purpose and findings.

§12-3A-2. Definitions.

§12-3A-3. Financial electronic commerce.

§12-3A-4. Payment by a West Virginia pay card.

§12-3A-5. Limited establishment and use of point of sale terminals, etc., for special purposes and circumstances relating to certain public assistance payments.

§12-3A-6. Receipting of electronic commerce purchases.

§12-3A-7. Method of sale or disposal of personal property.

CHAPTER 12, ARTICLE 4. ACCOUNTS, REPORTS, AND GENERAL PROVISIONS.

§12-4-1. Biennial reports.

§12-4-2. Accounts of Treasurer and Auditor; Auditor to certify condition of revenues and funds of the state.

§12-4-3. Accounts of appropriations.

§12-4-3a. Accounts of the Auditor.

§12-4-4. Accounts of expenditures; signing of checks and warrants; facsimile signatures and use of mechanical and electrical devices; forgery; penalty.

§12-4-5. Individual accounts; Auditor to notify sureties when sheriff defaults.

§12-4-6. Comparison of books of Auditor and treasurer; monthly balances.

§12-4-7. Annual state dollar report of Auditor.

§12-4-8. Office hours of Auditor and treasurer.

§12-4-9. Absence of Auditor or treasurer.

§12-4-10. State not preferred as to unsecured claim.

§12-4-11. Exceptional items fund.

§12-4-12. Treasurer authorized to provide check-cashing service; establishment and audit of cash funds.

§12-4-13. Repealed. Acts, 1997 Reg. Sess., Ch. 95

§12-4-14. West Virginia Grant Transparency and Accountability Act; Accountability of grantees receiving state funds or grants, procedures, reporting, auditing, investigations, and recovery; sworn statements by volunteer fire departments; rule making, criminal penalties.

§12-4-14a. Workers' Compensation Subsidy for Volunteer Fire Departments; creation of program; Auditor to administer.

§12-4-14b. Accountability of volunteer and part-volunteer fire companies or departments receiving state funds for equipment and training; review or audit of expenditures; withholding of state funds for delinquency or misuse; notifications.

§12-4-14c. Accountability of volunteer and part-volunteer fire companies or departments receiving state funds for equipment and training; review or audit of expenditures; withholding of state funds for delinquency or misuse; notifications.

§12-4-15. Bank at school.

§12-4-16. Transfer of specified excess funds.

§12-4-17. Retention and disposal of Treasurer's records.

CHAPTER 12, ARTICLE 4A. CENTRALIZED MANAGEMENT OF COMPLAINTS.

§12-4A-1. Legislative findings.

§12-4A-2. General purpose.

§12-4A-3. Duties generally.

§12-4A-4. Enforcement.

CHAPTER 12, ARTICLE 4B. COMPUTER DONATION PROGRAM.

§12-4B-1. Legislative findings.

§12-4B-2. Computer donation program created.

§12-4B-3. Legislative rules.

§12-4B-4. Severability.

CHAPTER 12, ARTICLE 5. PUBLIC SECURITIES.

§12-5-1. Securities defined.

§12-5-2. Treasurer custodian of securities; charges to companies for care, exchange and substitution of securities.

§12-5-3. Legislative Auditor to examine and list securities.

§12-5-4. Treasurer to keep accounts and make collections.

§12-5-5. Protection and handling of securities.

§12-5-6. When notes deemed securities; appraisal.

§12-5-7. Treasurer as financial advisor; selection of necessary parties; employment of bond counsel.

CHAPTER 12, ARTICLE 6. WEST VIRGINIA INVESTMENT MANAGEMENT BOARD.

§12-6-1. Purposes and objects; how article cited.

§12-6-1a. Legislative findings.

§12-6-2. Definitions.

§12-6-3. West Virginia investment management board continued; body corporate; trust fund board; trustees; nomination and appointment of trustees, qualifications and terms of appointment, advice and consent; annual and other meetings; designation of representatives and committees; board meetings with committees regarding investment policy statement required; open meetings, qualifications.

§12-6-4. Management and control of fund; officers; staff; fiduciary or surety bonds for trustees; liability of trustees.

§12-6-5. Powers of the board.

§12-6-5a. Legislative findings and limitation on certain board actions.

§12-6-6. Annual audits; reports and information to constitutional and legislative officers, council of finance and administration, consolidated public retirement board, workers' compensation fund and coal-workers' pneumoconiosis fund; statements and reports open for inspection.

§12-6-7. Legal status of agencies and boards continued.

§12-6-8. Investment funds established; management thereof.

§12-6-9. Fees for service.

§12-6-9a. Trust indenture.

§12-6-9b. Repealed. Acts, 1996 Reg. Sess., Ch. 258.

§12-6-9c. Authorization of additional investments.

§12-6-9d. Repealed. Acts, 1996 Reg. Sess., Ch. 258.

§12-6-9e. Legislative findings; loans for industrial development; availability of funds and interest rates.

§12-6-9f. Repealed. Acts, 1996 Reg. Sess., Ch. 258.

§12-6-9g. Repealed. Acts, 1997 Reg. Sess., Ch. 95.

§12-6-9h. Securities handling.

§12-6-10. Repealed. Acts, 2005 Reg. Sess., Ch. 190.

§12-6-11. Standard of care and investment requirements; disclosure of information.

§12-6-11a. Standard of care for shareholder voting; restrictions and requirements.

§12-6-12. Repealed. Acts, 2014 Reg. Sess., Ch. 148.

§12-6-13. Board as agency for investments; exceptions.

§12-6-14. Reports of board; legislative audits, reviews and studies.

§12-6-15. Repealed. Acts, 2005 Reg. Sess., Ch. 190.

§12-6-16. Existing investments.

§12-6-17. Severability of provisions.

§12-6-18. Liberal construction.

§12-6-19. Authorization for loans by the board.

§12-6-20. Continuation of board.

§12-6-21. Investment with regional jail and correctional facility authority.

CHAPTER 12, ARTICLE 6A. THE DEBT MANAGEMENT ACT OF 1991.

§12-6A-1. Short title.

§12-6A-2. Legislative findings and declaration of public necessity.

§12-6A-3. Division of Debt Management continued; director.

§12-6A-4. Definitions.

§12-6A-5. Powers and duties.

§12-6A-6. Reporting.

§12-6A-7. Promulgation of rules.

CHAPTER 12, ARTICLE 6B. DEBT CAPACITY ADVISORY DIVISION.

§12-6B-1. Repealed. Acts, 2013 Reg. Sess., Ch. 179.

§12-6B-2. Repealed. Acts, 2013 Reg. Sess., Ch. 179.

§12-6B-3. Repealed. Acts, 2013 Reg. Sess., Ch. 179.

§12-6B-4. Repealed. Acts, 2013 Reg. Sess., Ch. 179.

CHAPTER 12, ARTICLE 6C. WEST VIRGINIA BOARD OF TREASURY INVESTMENTS.

§12-6C-1. Purposes and objects; how article cited.

§12-6C-2. Legislative findings.

§12-6C-3. Definitions.

§12-6C-4. West Virginia Board of Treasury Investments created; body corporate; board; directors; nomination and appointment of directors, qualifications and terms of appointment, advice and consent; annual and other meetings; committees; board approval of investment policies required; open meetings, qualifications.

§12-6C-5. Powers of the Board.

§12-6C-6. Consolidated fund continued; management.

§12-6C-7. Management and control of fund; officers; staff; fiduciary or surety bonds for directors; liability of directors.

§12-6C-8. Administration of Consolidated Fund.

§12-6C-9. Asset allocation; investment policies, authorized investments; restrictions.

§12-6C-10. Investment authority for Consolidated Fund transferred to Board; exceptions.

§12-6C-11. Legislative findings; loans for industrial development; availability of funds and interest rates.

§12-6C-11a. Broadband Loan Insurance Program; requirements.

§12-6C-11b. Infrastructure Investment Reimbursement Fund.

§12-6C-12. Securities handling.

§12-6C-13. Standard of care.

§12-6C-14. Existing investments.

§12-6C-15. Annual audits; financial statements; information.

§12-6C-16. Reports to participants.

§12-6C-17. Legal status of spending units continued.

§12-6C-18. Authorization for loans by the Board.

§12-6C-19. Creation of fee account and investment account; budget.

§12-6C-20. Termination of board.

CHAPTER 12, ARTICLE 6D. WEST VIRGINIA ENTERPRISE RESOURCE PLANNING BOARD.

§12-6D-1. West Virginia Enterprise Resource Planning Board created; board composition and purpose; Enterprise Resource planning defined.

§12-6D-2. Powers of the board.

§12-6D-3. Management and control of Enterprise Resource Planning System; designation of chair; meetings; executive session.

§12-6D-4. Steering Committee created; powers and authority.

§12-6D-5. Enterprise Resource Planning Fund.

§12-6D-6. Transfer of Enterprise Resource Planning Funds.

§12-6D-7. Establishing state vehicle fixed assets record keeping.

CHAPTER 12, ARTICLE 6E. WEST VIRGINIA IMPACT FUND.

§12-6E-1. Definitions.

§12-6E-2. West Virginia Impact Fund.

§12-6E-3. Purpose and goal; investment standards.

§12-6E-4. Establishment of the Investment Committee; appointments; removal; vacancy; quorum.

§12-6E-5. Powers and duties of Investment Committee; disclosure of interests; standard of care.

§12-6E-6. Establishment of the Mountaineer Impact Office; managing director; project proposals; monitoring performance; consultation with Investment Management Board; insurance.

§12-6E-7. Computation of income; audits; annual report.

§12-6E-8. Role of the Investment Management Board; immunity from liability.

§12-6E-9. Immunities of Investment Committee and Mountaineer Impact Office; exemptions.

§12-6E-10. Political activities.

§12-6E-11. Confidential information.

CHAPTER 12, ARTICLE 7. JOBS INVESTMENT TRUST FUND.

§12-7-1. Purposes and objectives; how article cited.

§12-7-2. Legislative findings.

§12-7-3. Definitions.

§12-7-4. Jobs Investment Trust Board; termination; vesting with the Economic Development Authority.

§12-7-5. Management and control of jobs investment trust vested in board; officers; liability; authority of executive director to act on behalf of board; relationship to higher education institutions.

§12-7-6. Corporate powers.

§12-7-7. Limitation on investments.

§12-7-8. Funding.

§12-7-8a. New millennium fund; new millennium fund promissory notes; nonincentive tax credits; rulemaking.

§12-7-9. Applications for investment priority; investment package.

§12-7-10. Acceptance or rejection of investment package.

§12-7-11. Documentary materials concerning trade secrets; commercial, financial or personal information; confidentiality.

§12-7-12. Reports of board; report of housing development fund.

§12-7-13. Earnings.

§12-7-14. Exemption from certain requirements; audit.

§12-7-15. Conflicts of interest.

§12-7-16. Credit of state not pledged.

CHAPTER 12, ARTICLE 8. PENSION LIABILITY REDEMPTION.

§12-8-1. Short title.

§12-8-2. Declaration of policy; legislative findings; legislative intent.

§12-8-3. Definitions.

§12-8-4. Issuance of bonds; determination of unfunded actuarial accrued liability.

§12-8-5. Method of bond issuance; manner of sale of bonds; authority of Department of Administration.

§12-8-6. Contracts with obligation holders; provisions of bonds and trust indentures and other agreements.

§12-8-7. Proceeds from the sale of bonds.

§12-8-8. Continuation of Pension Liability Redemption Fund; disbursements to pay pension liability redemption payments.

§12-8-9. Refunding bonds.

§12-8-10. State pledges and covenants.

§12-8-11. Legal remedies of obligation holders.

§12-8-12. Nature of bonds; legal investments.

§12-8-13. Exemption from taxation.

§12-8-14. Supersedure.

§12-8-15. Operation of article.

§12-8-16. Severability.

CHAPTER 12, ARTICLE 9. SAVINGS AND INVESTMENT PROGRAM FULFILLMENT FUND.

§12-9-1. Special revenue account continued.

§12-9-2. Receipts and expenditures.

§12-9-3. Investment of fund.

CHAPTER 13. PUBLIC BONDED INDEBTEDNESS.

CHAPTER 13, ARTICLE 1. BOND ISSUES FOR ORIGINAL INDEBTEDNESS.

§13-1-1. Political divisions authorized to issue and sell bonds.

§13-1-1a. Exemption from interest rate ceilings.

§13-1-2. Purposes for which bonds may be issued.

§13-1-3. Amount and purpose of indebtedness for which bonds may be issued.

§13-1-4. Bond issue proposal to be submitted to voters; election order.

§13-1-5. Engineer's estimate.

§13-1-6. Bonds may be specified for more than one purpose; single or general purpose defined.

§13-1-6a. When proceeds of bond issue specified for one project may be used for another project.

§13-1-7. When election to be held.

§13-1-8. Publication of notice of election.

§13-1-9. Registration of voters.

§13-1-10. Election precincts.

§13-1-11. General election laws to apply; recorders and secretaries to act in lieu of circuit clerks.

§13-1-12. Form of ballot.

§13-1-13. Time and manner of canvassing returns.

§13-1-14. Resolution authorizing issuance and fixing terms of bonds.

§13-1-15. Bonds to be payable in annual or semiannual installments.

§13-1-15a. Bonds may be subject to redemption.

§13-1-16. Recital of certification that bonds are issued in conformity with Constitution and statutes; effect thereof with Attorney General's endorsement.

§13-1-17. Bonds shall be registered.

§13-1-18. Repealed. Acts, 2009 Reg. Sess., Ch. 23.

§13-1-19. Signing, sealing and delivery of bonds.

§13-1-20. Imposition and collection of tax to pay bonds and interest.

§13-1-21. Advertisement and sale of bonds.

§13-1-22. Purposes for which proceeds to be used; purchaser need not see to application thereof.

§13-1-23. No law, order, ordinance, resolution, proceeding or publication necessary except as prescribed by this article.

§13-1-24. Legal status of bonds.

§13-1-25. Copy of proceedings to be transmitted to Attorney General for approval or disapproval; publication of approval or disapproval.

§13-1-26. Review in Supreme Court of Appeals of action of Attorney General.

§13-1-27. Bond issue and tax to pay bonds to be incontestable upon failure to file petition for review or dismissal thereof.

§13-1-28. Indorsement on bonds by Attorney General.

§13-1-29. Costs of proceedings and expenses of Attorney General to be paid out of proceeds of bonds or general fund.

§13-1-30. Files and records to be kept by Attorney General.

§13-1-31. Proceedings to issue bonds under authority of prior statutes; debts heretofore incurred.

§13-1-32. Amount of indebtedness authorized by §13-1-3 may be increased by special act as to municipalities and independent school districts; bonds for assessments against abutting property excepted from this article.

§13-1-33. Bonds exempt from taxation.

§13-1-34. Bonded indebtedness of school districts; annual tax to be levied and collected to pay same; definition of value.

§13-1-35. Bonded indebtedness of counties, magisterial districts and municipal corporations; levy and collection of taxes to pay same.

CHAPTER 13, ARTICLE 2. REFUNDING BONDS.

§13-2-1. What political divisions may issue refunding bonds; when issued.

§13-2-2. Terms of refunding bonds; time, place and amount of payments.

§13-2-3. Certain provisions of article one to apply to refunding bonds.

§13-2-4. Disposition of bonds; cancellation of original bonds.

§13-2-5. Article sufficient authority for issuing refunding bonds.

§13-2-6. Issuance without election or notice.

§13-2-7. Invalidity of part of article not to affect other parts.

§13-2-8. Bonds exempt from taxation.

§13-2-9. Funding of orders, drafts or warrants by county courts and boards of education at rate lower than six percent.

CHAPTER 13, ARTICLE 2A. REVENUE BOND REFINANCING.

§13-2A-1. How article cited.

§13-2A-2. Definitions.

§13-2A-3. Purpose of refunding bonds.

§13-2A-4. Issuance authorized by resolution of governing body.

§13-2A-5. Form of bonds; interest rates; negotiability.

§13-2A-6. Validity.

§13-2A-7. Sale or exchange; deposit and investment of proceeds.

§13-2A-8. Security for payment; prior issues not impaired.

§13-2A-9. Payable solely from revenues of enterprise.

§13-2A-10. Exemption from taxation.

§13-2A-11. Fiscal agent.

§13-2A-12. Duties of public body and officers as to bonds and rights of bondholders.

§13-2A-13. Provisions in resolution authorizing bonds.

§13-2A-14. Receivership upon default; termination.

§13-2A-15. Suits by bondholders.

§13-2A-16. Article complete authority for refunding bonds; liberal construction.

CHAPTER 13, ARTICLE 2B. VALIDATION.

§13-2B-1. How article cited.

§13-2B-2. Definitions.

§13-2B-3. Prior bond issues validated.

§13-2B-4. Prior proceedings for pending bond issues validated.

CHAPTER 13, ARTICLE 2C. INDUSTRIAL DEVELOPMENT AND COMMERCIAL DEVELOPMENT BOND ACT.

§13-2C-1. Short title.

§13-2C-2. Legislative findings.

§13-2C-3. Definitions.

§13-2C-3a. Continuation of industrial revenue bond allocation review committee; appointment, terms of members; voting; expenses; duties.

§13-2C-4. Powers conferred on counties and municipalities.

§13-2C-5. Location of industrial projects or commercial projects.

§13-2C-6. Joint establishment by two or more governmental bodies.

§13-2C-7. Bonds issued to finance industrial project or commercial project.

§13-2C-8. Security for bonds.

§13-2C-9. Requirements respecting lease, sale or financing of an industrial project or commercial project.

§13-2C-10. Redemption of bonds.

§13-2C-11. Refunding bonds.

§13-2C-12. Use of proceeds from sale of bonds.

§13-2C-13. No contribution by county or municipality.

§13-2C-14. Bonds made legal investments.

§13-2C-15. Exemption from taxation.

§13-2C-16. Construction of article.

§13-2C-17. No notice, consent or publication required.

§13-2C-18. Severability.

§13-2C-19. Public officials exempt from personal liability.

§13-2C-20. Prohibition of financial interest of public officials.

§13-2C-21. Ceiling on issuance of private activity bonds; establishing procedure for allocation and disbursements; reservation of funds; limitations; unused allocation; expirations and carryovers.

CHAPTER 13, ARTICLE 2D. AIRPORT DEVELOPMENT BOND ACT.

§13-2D-1. Short title.

§13-2D-2. Legislative finding.

§13-2D-3. Definitions.

§13-2D-4. Powers conferred on counties.

§13-2D-5. Bonds issued to finance airport.

§13-2D-6. Security for bonds.

§13-2D-7. Redemption of bonds.

§13-2D-8. Refunding bonds.

§13-2D-9. Use of proceeds from sale of bonds.

§13-2D-10. No contribution by county.

§13-2D-11. Bonds made legal investments.

§13-2D-12. Exemption from taxation.

§13-2D-13. County court may lease appurtenances and facilities.

§13-2D-14. Construction of article.

§13-2D-15. No notice, consent or publication required.

§13-2D-16. Severability.

§13-2D-17. Public officials exempt from personal liability.

§13-2D-18. Prohibition of financial interest of public officials.

CHAPTER 13, ARTICLE 2E. REVENUE BOND REFUNDING ACT.

§13-2E-1. How article cited.

§13-2E-2. Definitions.

§13-2E-3. Authority to refund.

§13-2E-4. Terms, form and execution of refunding bonds.

§13-2E-5. Issuance of refunding bonds; application of proceeds.

§13-2E-6. Determination of governing body to be conclusive.

§13-2E-7. Authorization for issuance.

§13-2E-8. Authority for escrow agreement.

§13-2E-9. Call of revenue bonds for redemption.

§13-2E-10. Security provisions.

§13-2E-11. Bonds payable solely from revenues of enterprise.

§13-2E-12. Tax exemption; exceptions.

§13-2E-13. Validity of bonds.

§13-2E-14. Article complete authority for refunding bonds; effect on other laws; liberal construction.

§13-2E-15. Severability.

CHAPTER 13, ARTICLE 2F. PUBLIC OBLIGATIONS REGISTRATION ACT.

§13-2F-1. How article cited.

§13-2F-2. Purposes; article governs over charter provisions.

§13-2F-3. Definitions.

§13-2F-4. Authority to issue public obligations in registered and book entry forms.

§13-2F-5. Powers of official registrar; designee.

§13-2F-6. Confidentiality.

§13-2F-7. Application to public obligations approved by voters.

CHAPTER 13, ARTICLE 2G. STATE REFUNDING BOND ACT.

§13-2G-1. Short title.

§13-2G-2. Definitions.

§13-2G-3. Issuance of refunding bonds.

§13-2G-4. Security for refunding bonds.

§13-2G-5. Principal amount, use of sinking and reserve funds.

§13-2G-6. Terms of refunding bonds; time, place and amount of payments.

§13-2G-7. Sale of refunding bonds at above or below par value.

§13-2G-8. Swap agreements.

§13-2G-9. Certain provisions of the code or act of Legislature to apply to refunding bonds.

§13-2G-10. Provision for payment of the bonds to be refunded.

§13-2G-11. Bonds previously issued by the board of regents.

§13-2G-12. Article sufficient authority for issuing refunding bonds.

§13-2G-13. Issuance without election or creation of a new debt.

§13-2G-14. Bonds exempt from taxation.

CHAPTER 13, ARTICLE 2H. LOTTERY REVENUE BOND ACT.

§13-2H-1. Short title.

§13-2H-2. Definitions.

§13-2H-3. Powers conferred on counties and municipalities.

§13-2H-4. Issuance of lottery revenue bonds by county.

§13-2H-5. Issuance of lottery revenue bonds by municipality.

§13-2H-6. Issuance of lottery revenue bonds by board of education.

§13-2H-7. Use of proceeds from sale of bonds.

§13-2H-8. Redemption of bonds.

§13-2H-9. Refunding bonds.

§13-2H-10. Joint establishment by two or more governmental bodies.

§13-2H-11. Exemption from taxation.

§13-2H-12. Construction of article.

CHAPTER 13, ARTICLE 3. MUNICIPAL BOND COMMISSION.

§13-3-1. Commission continued.

§13-3-2. Composition of commission; terms of appointment; vacancies; removal from office.

§13-3-3. Officers; employees; chief administrative officer; meetings; quorum; compensation and expenses; legal representation.

§13-3-4. Executive committee; powers and duties.

§13-3-5. Officer and employee bonds.

§13-3-5a. Costs and expenses; fees for services.

§13-3-6. Powers and duties of commission.

§13-3-7. Permissible investments; limitations and prohibitions on purchase, sale or exchange of securities; public records; combining funds and proration of interest; custody of securities.

§13-3-7a. Escrowing bond issues.

§13-3-8. Notification by issuer of bond sale.

§13-3-9. Collection, deposit and accounting funds; insufficient deposit; withdrawal of additional funds.

§13-3-10. Accounts of bond issues; annual statements, canceled bonds and coupons.

§13-3-11. Statement by commission to political subdivision showing levy required; determination of levy.

§13-3-12. Destruction of canceled bonds and coupons.

§13-3-13. Substitute paying agents.

§13-3-14. Authorizing the transfer and investment of funds raised by levy, sale of bonds or otherwise.

§13-3-15. Reports of commission.

CHAPTER 13, ARTICLE 4. FEDERAL SUBSIDY BONDS.

§13-4-1. Definitions.

§13-4-2. Authority to issue federal subsidy bonds; election of credit payments; treatment of federal subsidy payments; exemption from taxation.

CHAPTER 14. CLAIMS DUE AND AGAINST THE STATE.

CHAPTER 14, ARTICLE 1. CLAIMS DUE THE STATE.

§14-1-1. Who may prosecute debt proceedings.

§14-1-2. Method of proceeding; jurisdiction; venue; suing in name of state.

§14-1-3. Parties defendant; form of judgment.

§14-1-4. Expedition of proceedings.

§14-1-5. Form of writ of fieri facias; sale of real estate.

§14-1-6. To whom execution directed.

§14-1-7. Order of levy.

§14-1-8. Sale of real estate under execution -- Notice; place.

§14-1-9. Sale of real estate under execution -- Conduct; sale of parcels.

§14-1-10. Sale of real estate under execution -- Terms of sale.

§14-1-11. Sale of real estate under execution -- Conveyance.

§14-1-12. Sale of real estate under execution -- Execution of deeds in certain cases.

§14-1-13. Sale of real estate under execution -- Resale on default of purchaser -- Judgment and execution on purchaser's note.

§14-1-14. Sale of real estate under execution -- Resale on default of purchaser -- Judgment against personal representatives.

§14-1-15. Sale of real estate under execution -- Property unsold for want of bidders.

§14-1-16. Sale of real estate under execution -- Purchase of lands for state.

§14-1-17. Sale of real estate under execution -- Return of execution where property encumbered.

§14-1-18. Settlement or dismissal of claims.

§14-1-18a. Consignment of claims to debt collector.

§14-1-18b. Regulations applicable to debt collectors.

§14-1-18c. List of eligible debt collectors; statutory limitations applicable to debt collectors.

§14-1-19. Appointment of collection agents by Auditor.

§14-1-20. Lands of state — List by clerk.

§14-1-21. Lands of state — Registration by Auditor.

§14-1-22. Lands of state -- Sale.

§14-1-23. Lands of state -- Record of sale.

§14-1-24. Compensation of Auditor's agents for collection of debts.

§14-1-25. Execution of deeds in certain cases.

§14-1-26. Reports to Legislature.

§14-1-27. Debts due state from sheriffs or other officers -- Sale.

§14-1-28. Debts due state from sheriffs or other officers -- Notice of sale.

§14-1-29. Debts due state from sheriffs or other officers -- Mode and terms of sale.

§14-1-30. Debts due state from sheriffs or other officers -- Return of sale; exceptions to sale; resale.

§14-1-31. Debts due state from sheriffs or other officers -- Confirmation of sale; certification to Auditor.

§14-1-32. Debts due state from sheriffs or other officers -- Sending purchase money and notes for debts to Auditor; collection of notes.

§14-1-33. Debts due state from sheriffs or other officers -- Rights of purchaser of such debts.

§14-1-34. Commissions to sheriff; payment of publication costs.

§14-1-35. Transfer by defaulting officer or surety.

§14-1-36. Settlement with sureties.

§14-1-37. United States Treasury offset program authorized; setoff of federal debts.

CHAPTER 14, ARTICLE 1A. DEBT RESOLUTION SERVICES.

§14-1A-1. Purpose.

§14-1A-2. Definitions.

§14-1A-3. Division Established.

CHAPTER 14, ARTICLE 2. CLAIMS AGAINST THE STATE.

§14-2-1. Purpose.

§14-2-2. Venue for certain suits and actions.

§14-2-2a. Venue for suits and actions involving state institutions of higher education.

§14-2-3. Definitions.

§14-2-4. Court of Claims to be continued and renamed the West Virginia Legislative Claims Commission; appointment and terms of commissioners; vacancies.

§14-2-4a. Interim commissioners.

§14-2-5. Commission clerk and other personnel.

§14-2-6 Repealed Acts, 2017 Reg. Sess., Ch. 29.

§14-2-7. Meeting place of the commission.

§14-2-8. Compensation of commissioners; expenses.

§14-2-9. Oath of office.

§14-2-10. Qualifications of commissioners.

§14-2-11. Attorney General to represent state.

§14-2-12. General powers of the commission.

§14-2-13. Jurisdiction of the commission.

§14-2-13a. Claims for unjust arrest and imprisonment or conviction and imprisonment.

§14-2-14. Claims excluded.

§14-2-15. Rules of practice and procedure.

§14-2-16. Regular procedure.

§14-2-17. Shortened procedure.

§14-2-17a. Shortened procedure for road condition claims.

§14-2-18 Repealed Acts, 2017 Reg. Sess., Ch. 29.

§14-2-19. Claims under existing appropriations.

§14-2-20. Claims under special appropriations.

§14-2-21. Periods of limitation made applicable.

§14-2-22. Compulsory process.

§14-2-23. Inclusion of awards in budget.

§14-2-24. Records to be preserved.

§14-2-25. Reports of the commission.

§14-2-26. Fraudulent claims.

§14-2-27. Conclusiveness of determination.

§14-2-28. Award as condition precedent to appropriation.

§14-2-29. Severability.

CHAPTER 14, ARTICLE 2A. COMPENSATION AWARDS TO VICTIMS OF CRIMES.

§14-2A-1. Short title.

§14-2A-2. Legislative findings; purpose and intent.

§14-2A-3. Definitions.

§14-2A-4. Creation of crime victims compensation fund.

§14-2A-5. Jurisdiction.

§14-2A-6. Compensation of commissioners serving under this article.

§14-2A-7 Repealed Acts, 2017 Reg. Sess., Ch. 29.

§14-2A-8. Commissioners' oath of office.

§14-2A-9. Claim investigators; compensation and expenses; paralegals and support staff.

§14-2A-10. Filing of application for compensation award; contents.

§14-2A-11. Procedure for filing of application.

§14-2A-11a. Application when the victim is the subject of a civil abuse or neglect petition; confidentiality of records.

§14-2A-12. Investigation and recommendations by claim investigator.

§14-2A-13. Notice to claimant of claim investigator's recommendation; evaluation of claim by commissioner.

§14-2A-14. Grounds for denial of claim or reduction of awards; maximum award.

§14-2A-14a. Establishing a limitation on benefits.

§14-2A-15. Hearings.

§14-2A-16. Evidence.

§14-2A-17. Contempt sanction not available.

§14-2A-18. Effect of no criminal charges being filed or conviction of offender.

§14-2A-19. Attorney and witness fees.

§14-2A-19a. Effect on physician, hospital and healthcare providers filing an assignment of benefits; tolling of the statute of limitations.

§14-2A-19b. Rates and limitations for health care services.

§14-2A-20. Budget preparation; procedure for payment of claims.

§14-2A-21. Annual report of West Virginia Legislative Claims Commission.

§14-2A-22. State's subrogation to claimant's rights.

§14-2A-23. Subrogation rights of collateral source.

§14-2A-24. Award not subject to execution or attachment; exceptions.

§14-2A-25. Publicity.

§14-2A-26. Rule-making.

§14-2A-27. Application of article.

§14-2A-28. Retroactive effect of amendments.

§14-2A-29. Retroactive effect of amendments.

CHAPTER 14, ARTICLE 2B. DISTRIBUTION OF CRIME PROFITS.

§14-2B-1. Short title.

§14-2B-2. Legislative findings; purpose and intent.

§14-2B-3. Definitions.

§14-2B-4. Notice of contract with defendant; payment over of crime profits to prosecutor; placing of crime profits into escrow account.

§14-2B-5. Prosecutor to commence action to distribute profits from crime; joinder of parties; statute of limitations; issues to be determined in action.

§14-2B-6. Authority of prosecutor to make payments from escrow account for the necessary expenses of protection of moneys paid into the escrow account; payment of moneys to defendant when charges dismissed prior to filing of interpleader action.

§14-2B-7. Prosecutor to distribute funds as ordered by court; court to order distribution of funds.

§14-2B-8. Priorities of claims to moneys in escrow account.

§14-2B-9. Acts to defeat intent of article void as against public policy.

§14-2B-10. Consent to jurisdiction.

§14-2B-11. Failure of defendant or person, firm, corporation, partnership, association or other legal entity contracting with defendant to provide notice to prosecutor or pay over moneys to prosecutor as required by this article; civil penalty of treble damages.

CHAPTER 14, ARTICLE 3. INTEREST ON PUBLIC CONTRACTS.

§14-3-1. Payment of interest by the state on contracts when final payment is delayed.

§14-3-2. Approving authority.

§14-3-3. Source of funds for payment of interest.

CHAPTER 15. PUBLIC SAFETY.

CHAPTER 15, ARTICLE 1. MILITARY FORCES OF THE STATE.

§15-1-1. Definitions.

§15-1-2. Commander in chief.

§15-1-3. Regulations.

§15-1-4. Active service -- Authority of Governor to require; state duty ordered by Adjutant General.

§15-1-5. Active service -- United States.

§15-1-6. Federal law and regulations.

CHAPTER 15, ARTICLE 1A. ADJUTANT GENERAL.

§15-1A-1. Department generally.

§15-1A-1a. Employee participation in group insurance programs; payroll deductions; custodian of funds.

§15-1A-2. Appointment; qualifications; bond.

§15-1A-3. Duties.

§15-1A-3a. Purchase of automobile liability insurance.

§15-1A-4. Assistant adjutants general and other authorized general officers.

CHAPTER 15, ARTICLE 1B. NATIONAL GUARD.

§15-1B-1. Organization of the National Guard.

§15-1B-2. Army National Guard.

§15-1B-3. Air National Guard.

§15-1B-4. Oath, appointment and promotion of officers.

§15-1B-5. Surplus officers; resignations.

§15-1B-6. Dismissal of officers.

§15-1B-7. Appointment, promotion and reduction of noncommissioned officers.

§15-1B-8. Enlisted personnel -- Generally.

§15-1B-9. Enlisted personnel -- Discharge.

§15-1B-10. Inactive National Guard.

§15-1B-11. Uniforms, arms, equipment and supplies.

§15-1B-12. Care of and responsibility for military property and funds.

§15-1B-13. Assemblies, annual training and other duty.

§15-1B-14. Annual inspection and muster.

§15-1B-15. Repealed. Acts, 1982 Reg. Sess., Ch. 102.

§15-1B-16. Pay and allowances.

§15-1B-17. Command pay; inspections; compensation for clerical services and care of property.

§15-1B-18. Injury or death while in service of state.

§15-1B-19. Military fund.

§15-1B-20. Military expenses.

§15-1B-21. Tuition and fees for guard members at institutions of higher education.

§15-1B-22. Military facilities; security guards; qualifications; duties; powers.

§15-1B-23. American flag for burial of deceased members of the National Guard; presentation of flag to parent or spouse.

§15-1B-24. Mountaineer Challenge Academy; expansion; cooperation of state executive agencies.

§15-1B-25. Readiness Enhancement and Commissioning Bonus.

§15-1B-26. Firefighters and security guards to be members of the National Guard.

§15-1B-27. Asset Forfeiture and Asset Sharing.

CHAPTER 15, ARTICLE 1C. STATE RETIRED LIST AND HONORARY MILITIA.

§15-1C-1. State retired list.

§15-1C-2. Duty with the National Guard.

§15-1C-3. Seniority, resignation, discharge, etc.

§15-1C-4. Honorary militia.

CHAPTER 15, ARTICLE 1D. ACTIVE STATE SERVICE.

§15-1D-1. Calling out National Guard by Governor.

§15-1D-2. Limited emergency.

§15-1D-3. Use of military force to disperse riots, etc.

§15-1D-4. Failure to disperse.

§15-1D-5. Power of officers to arrest, disperse or quell persons rioting, etc.

§15-1D-6. Assaults on National Guard or persons aiding it.

§15-1D-7. Repelling assault.

§15-1D-8. Duty to retire from unlawful assembly.

§15-1D-9. National Guard to have right-of-way; exceptions.

§15-1D-10. Regulation of occupancy of streets for passage of National Guard.

§15-1D-11. Transportation of officers and men.

§15-1D-12. Trespassing upon armories, etc.; interrupting, interfering with, etc., National Guard; regulation of certain sales, gambling, etc., within certain limits of armories, etc.

§15-1D-13. Regulations while state military forces on duty.

§15-1D-14. When martial law may be declared.

CHAPTER 15, ARTICLE 1E. CODE OF MILITARY JUSTICE.

§15-1E-1. Definitions; gender neutrality.

§15-1E-2. Persons subject to this article; jurisdiction.

§15-1E-3. Jurisdiction to try certain personnel.

§15-1E-4. Reserved.

§15-1E-5. Territorial applicability of the article.

§15-1E-6. Judge Advocates.

§15-1E-7. Apprehension.

§15-1E-8. Reserved.

§15-1E-9. Imposition of restraint.

§15-1E-10. Restraint of persons charged with offenses.

§15-1E-11. Place of confinement; reports and receiving of prisoners.

§15-1E-12. Confinement with enemy prisoners prohibited.

§15-1E-13. Punishment prohibited before trial.

§15-1E-14. Delivery of offenders to civil authorities.

§15-1E-15. Commanding officer's nonjudicial punishment.

§15-1E-16. Courts-martial classified.

§15-1E-17. Jurisdiction of courts-martial in general.

§15-1E-18. Jurisdiction of general courts-martial.

§15-1E-19. Jurisdiction of special courts-martial.

§15-1E-20. Jurisdiction of summary courts-martial.

§15-1E-21. Reserved.

§15-1E-22. Who may convene general courts-martial.

§15-1E-23. Who may convene special courts-martial.

§15-1E-24. Who may convene summary courts-martial.

§15-1E-25. Who may serve on courts-martial.

§15-1E-26. Military judge of a general or special court-martial.

§15-1E-27. Detail of trial counsel and defense counsel.

§15-1E-28. Detail or employment of reporters and interpreters.

§15-1E-29. Absent and additional members.

§15-1E-30. Charges and specifications.

§15-1E-31. Compulsory self-incrimination prohibited.

§15-1E-32. Investigation.

§15-1E-33. Forwarding of charges.

§15-1E-34. Advice of judge advocate and reference for trial.

§15-1E-35. Service of charges.

§15-1E-36. Governor or the Adjutant General may prescribe rules.

§15-1E-37. Unlawfully influencing action of court.

§15-1E-38. Duties of trial counsel and defense counsel.

§15-1E-39. Sessions.

§15-1E-40. Continuances.

§15-1E-41. Challenges.

§15-1E-42. Oaths or affirmations.

§15-1E-43. Statute of limitations.

§15-1E-44. Former jeopardy.

§15-1E-45. Pleas of the accused.

§15-1E-46. Opportunity to obtain witnesses and other evidence.

§15-1E-47. Refusal to appear or testify.

§15-1E-48. Contempts.

§15-1E-49. Depositions.

§15-1E-50. Admissibility of records of courts of inquiry.

§15-1E-50a. Defense of lack of mental responsibility.

§15-1E-51. Voting and rulings.

§15-1E-52. Number of votes required.

§15-1E-53. Court to announce action.

§15-1E-54. Record of trial.

§15-1E-55. Cruel and unusual punishments prohibited.

§15-1E-56. Maximum limits.

§15-1E-57. Effective date of sentences.

§15-1E-57a. Deferment of sentences.

§15-1E-58. Execution of confinement.

§15-1E-58a. Sentences: Reduction in enlisted grade upon approval.

§15-1E-58b. Sentences: Forfeiture of pay and allowances during confinement.

§15-1E-59. Error of law; lesser included offense.

§15-1E-60. Action by the convening authority.

§15-1E-61. Withdrawal of appeal.

§15-1E-62. Appeal by the state.

§15-1E-63. Rehearings.

§15-1E-64. Review by the senior force judge advocate.

§15-1E-65. Disposition of records after review by the convening authority.

§15-1E-66. Reserved.

§15-1E-67. Reserved.

§15-1E-67a. Review by State Appellate Authority.

§15-1E-68. Reserved.

§15-1E-69. Reserved.

§15-1E-70. Appellate counsel.

§15-1E-71. Execution of sentence; suspension of sentence.

§15-1E-72. Vacation of suspension.

§15-1E-73. Petition for a new trial.

§15-1E-74. Remission and suspension.

§15-1E-75. Restoration.

§15-1E-76. Finality of proceedings, findings, and sentences.

§15-1E-76a. Leave required to be taken pending review of certain court-martial convictions.

§15-1E-76b. Lack of mental capacity or mental responsibility: Commitment of accused for examination and treatment.

§15-1E-77. Principals.

§15-1E-78. Accessory after the fact.

§15-1E-79. Conviction of lesser included offense.

§15-1E-80. Attempts.

§15-1E-81. Conspiracy.

§15-1E-82. Solicitation.

§15-1E-83. Fraudulent enlistment, appointment, or separation.

§15-1E-84. Unlawful enlistment, appointment, or separation.

§15-1E-85. Desertion.

§15-1E-86. Absence without leave.

§15-1E-87. Missing movement.

§15-1E-88. Contempt toward officials.

§15-1E-89. Disrespect toward superior commissioned officer.

§15-1E-90. Assaulting or willfully disobeying superior commissioned officer.

§15-1E-91. Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer.

§15-1E-92. Failure to obey order or regulation.

§15-1E-93. Cruelty and maltreatment.

§15-1E-94. Mutiny or sedition.

§15-1E-95. Resistance, flight, breach of arrest, and escape.

§15-1E-96. Releasing prisoner without proper authority.

§15-1E-97. Unlawful detention.

§15-1E-98. Noncompliance with procedural rules.

§15-1E-99. Misbehavior before the enemy.

§15-1E-100. Subordinate compelling surrender.

§15-1E-101. Improper use of countersign.

§15-1E-102. Forcing a safeguard.

§15-1E-103. Captured or abandoned property.

§15-1E-104. Aiding the enemy.

§15-1E-105. Misconduct as prisoner.

§15-1E-106. Reserved.

§15-1E-107. False official statements.

§15-1E-108. Military property - Loss, damage, destruction, or wrongful disposition.

§15-1E-109. Property other than military property - Waste, spoilage, or destruction.

§15-1E-110. Improper hazarding of vessel.

§15-1E-111. Reserved.

§15-1E-112. Drunk on duty.

§15-1E-112a. Wrongful use, possession, etc., of controlled substances.

§15-1E-113. Misbehavior of sentinel.

§15-1E-114. Dueling.

§15-1E-115. Malingering.

§15-1E-116. Riot or breach of peace.

§15-1E-117. Provoking speeches or gestures.

§15-1E-118. Reserved.

§15-1E-119. Reserved.

§15-1E-120. Reserved.

§15-1E-121. Reserved.

§15-1E-122. Reserved.

§15-1E-123. Reserved.

§15-1E-124. Reserved.

§15-1E-125. Reserved.

§15-1E-126. Reserved.

§15-1E-127. Reserved.

§15-1E-128. Reserved.

§15-1E-129. Reserved.

§15-1E-130. Reserved.

§15-1E-131. Reserved.

§15-1E-132. Frauds against the government.

§15-1E-133. Conduct unbecoming an officer and a gentleman.

§15-1E-134. General article.

§15-1E-135. Courts of inquiry.

§15-1E-136. Authority to administer oaths and to act as notary.

§15-1E-137. Articles to be explained.

§15-1E-138. Complaints of wrongs.

§15-1E-139. Redress of injuries to property.

§15-1E-140. Delegation by the Governor.

§15-1E-141. Payment of fees, costs and expenses.

§15-1E-142. Payment of fines and disposition thereof.

§15-1E-143. Uniformity of interpretation.

§15-1E-144. Immunity for action of military courts.

§15-1E-145. Reserved.

§15-1E-146. Short title.

§15-1E-147. Time of taking effect.

§15-1E-148. Supersedes existing state military justice codes.

CHAPTER 15, ARTICLE 1F. PRIVILEGES AND PROHIBITIONS.

§15-1F-1. Leave of absence for public officials and employees for drills, parades, active duty, etc.

§15-1F-1a. Educational leave of absence for active duty.

§15-1F-1b. Tolling of the running of any licensure or registration requirement.

§15-1F-2. Suits against officers or persons acting under military authority.

§15-1F-3. Change of venue of prosecutions or suits against members of National Guard.

§15-1F-4. Arrest of persons belonging to state military forces.

§15-1F-5. Unlawful conversion of military property.

§15-1F-6. Unlawful wearing of uniforms.

§15-1F-7. Unlawful military organizations.

§15-1F-8. Reemployment rights of members of the organized militia.

§15-1F-9. General penalty; jurisdiction under article.

§15-1F-10. Selective service registration and compliance.

§15-1F-11. West Virginia Servicemembers Civil Relief Act.

CHAPTER 15, ARTICLE 1G. SERVICE MEDALS.

§15-1G-1. The West Virginia distinguished service medal.

§15-1G-2. West Virginia legion of merit.

§15-1G-3. Procedure for award of distinguished service medal and legion of merit.

§15-1G-4. Other West Virginia awards and decorations.

§15-1G-5. Precedence of medals.

§15-1G-6. Board of awards.

§15-1G-7. Design of medals.

§15-1G-8. Devices for the award of multiple West Virginia decorations.

§15-1G-9. Procurement of West Virginia decorations.

§15-1G-10. West Virginia veterans service decoration; West Virginia Service Cross.

CHAPTER 15, ARTICLE 1H. MORALE, WELFARE AND RECREATION FACILITIES.

§15-1H-1. Definitions.

§15-1H-2. Morale, welfare and recreation facilities; nonappropriated fund instrumentalities.

§15-1H-3. Regulations.

§15-1H-4. Use of funds.

§15-1H-5. Sales to be tax exempt.

§15-1H-6. Limitation on sales.

CHAPTER 15, ARTICLE 1I. THE CHILD PROTECTION ACT OF 2006.

§15-1I-1. The Child Protection Act of 2006.

§15-1I-2. Legislative findings.

CHAPTER 15, ARTICLE 1J. THE WEST VIRGINIA MILITARY AUTHORITY ACT.

§15-1J-1. Short title.

§15-1J-2. Legislative findings.

§15-1J-3. Definitions.

§15-1J-4. Establishment and general powers of the authority.

§15-1J-5. Employees.

§15-1J-6. Military Authority Reimbursable Expenditure Fund.

CHAPTER 15, ARTICLE 1K. CIVIL AIR PATROL.

§15-1K-1. Legislative findings and intent.

§15-1K-2. Definitions.

§15-1K-3. Adjutant General administration; expenses of Civil Air Patrol.

§15-1K-4. Nondiscrimination by employer against Civil Air Patrol members.

§15-1K-5. Employer to provide leave.

§15-1K-6. Return to work by employee.

§15-1K-7. Accrued benefits not lost; leave not to be used with other leave; rights and obligations under collective bargaining or other agreements.

§15-1K-8. Certain actions by employer prohibited.

§15-1K-9. Action to enforce article authorized.

CHAPTER 15, ARTICLE 2. WEST VIRGINIA STATE POLICE.

§15-2-1. Short title.

§15-2-1a. Repealed. Acts, 1990 Reg. Sess., Ch. 157.

§15-2-2. Superintendent; departmental headquarters; continuation of the State Police.

§15-2-3. State Police structure; how established; training; special revenue account.

§15-2-4. Appointment of commissioned officers, noncommissioned officers, other members; temporary and permanent positions.

§15-2-5. Career progression system state; salaries; exclusion from wage and hour laws, with supplemental payment; bond; leave time for members called to duty in guard or reserves.

§15-2-6. Authority to make rules for grievance procedure.

§15-2-7. Cadet selection board; qualifications for and appointment to membership in State Police; civilian employees; forensic laboratory employees; salaries.

§15-2-8. Chaplains.

§15-2-9. State Police Voluntary Contribution Fund.

§15-2-10. Uniforms; authorized equipment, weapons and supplies; local headquarters; quarters for members; life insurance; medical and hospital fees for injuries and illnesses of members incurred in line of duty.

§15-2-10a. Duty to return assigned items; superintendent's right of setoff.

§15-2-11. Territorial jurisdiction.

§15-2-12. Mission of the State Police; powers of superintendent, officers and members; patrol of turnpike.

§15-2-13. Limitations upon members; exceptions.

§15-2-14. Oath of superintendent and members.

§15-2-15. State Police Child Abuse and Neglect Investigations Unit.

§15-2-16. Interference with officers or members; false information; penalty.

§15-2-17. Unauthorized use of uniform, badge or other insignia; impersonation of member; penalty.

§15-2-18. Officers or members failure to perform duties; general penalty; providing extraordinary police or security services by contract.

§15-2-19. Bribing, etc., officers or members; penalty.

§15-2-20. Transfer authorized; use for disciplinary purposes prohibited; notice required under certain circumstances; relocation expense; regulation of member's residence.

§15-2-21. Suspension, demotion or discharge of members; right of appeal.

§15-2-22. Assignment of assistant Attorney General; employment of legal counsel.

§15-2-23. Duties of superintendent as to statistics, aliens and labor conditions.

§15-2-24. Criminal Identification Bureau; establishment; supervision; purpose; fingerprints, photographs, records and other information; reports by courts and prosecuting attorneys; offenses and penalties.

§15-2-24a. National Crime Prevention and Privacy Compact.

§15-2-24b. Fees for certain fingerprinting services; dedication of fees.

§15-2-24c. Relationship with Marshall University Forensic Science Center.

§15-2-24d. State Police Forensic Laboratory Fund.

§15-2-25. Rules generally; carrying of weapons upon retirement or medical discharge.

§15-2-25a. Meaning of terms.

§15-2-25b. Definitions.

§15-2-26. Continuation of Death, Disability and Retirement Fund; designating the Consolidated Public Retirement Board as administrator of fund.

§15-2-27. Retirement; awards and benefits; leased employees.

§15-2-27a. Retirement annual annuity adjustments.

§15-2-28. Credit toward retirement for member's prior military service; credit toward retirement when employee has joined Armed Forces in time of armed conflict; qualified military service.

§15-2-29. Awards and benefits for disability incurred in performance of duty.

§15-2-30. Awards and benefits for disability due to other causes.

§15-2-31. Disability physical examinations; termination.

§15-2-31a. Application for disability benefit; determinations.

§15-2-31b. Annual report on disability retirement experience.

§15-2-32. Retirant not to exercise police authority; retention of group insurance.

§15-2-33. Awards and benefits to dependents of member when the member dies in performance of duty; to dependents of a duty disability retirant; dependent child scholarship and amount.

§15-2-33a. Awards and benefits to dependents of member -- Termination.

§15-2-34. Awards and benefits to dependents of employee when the employee dies from nonservice-connected causes.

§15-2-35. Awards and benefits to dependents of retirant or after an employee serves twenty years.

§15-2-35a. Authority to continue payments to certain dependents.

§15-2-36. Awards and benefits to dependents of member -- Termination.

§15-2-37. Refunds to certain employees upon discharge or resignation; deferred retirement.

§15-2-38. Refund to dependents upon death of member not eligible for benefits.

§15-2-39. Dependent child or children.

§15-2-39a. Limitations on benefit increases.

§15-2-40. Commission on drunk driving prevention created; members; quorum; meetings.

§15-2-41. Powers and duties of commission; rule-making authority; monitoring and reporting.

§15-2-42. Drunk driving enforcement program established; purpose.

§15-2-43. Awarding service revolver upon retirement and disposal of service weapon when replaced due to routine wear.

§15-2-44. Federal law maximum benefit limitations.

§15-2-45. Federal law minimum required distributions.

§15-2-46. Direct rollovers.

§15-2-47. Federal qualification requirements.

§15-2-48. Specification of actuarial assumptions.

§15-2-49. Benefits not forfeited if system terminates.

§15-2-50. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§15-2-51. State police reemployment.

§15-2-52. Termination of benefits; procedures.

§15-2-53. State law-enforcement association members annual leave program.

§15-2-54. Correction of errors; underpayments; overpayments.

§15-2-55. Referral program for substance abuse treatment.

§15-2-56. Handle with Care program.

CHAPTER 15, ARTICLE 2A. WEST VIRGINIA STATE POLICE RETIREMENT SYSTEM.

§15-2A-1. Short title.

§15-2A-2. Definitions.

§15-2A-3. Continuation and administration of West Virginia State Police Retirement System; leased employees; federal qualification requirements.

§15-2A-4. Participation in system; continuation of fund.

§15-2A-4a. Specification of actuarial assumptions.

§15-2A-5. Employee contributions; employer contributions; forfeitures.

§15-2A-6. Retirement; commencement of benefits.

§15-2A-6a. Federal law maximum benefit limitations.

§15-2A-6b. Federal law minimum required distributions.

§15-2A-6c. Direct rollovers.

§15-2A-6d. Rollovers and transfers to purchase service credit or repay withdrawn contributions.

§15-2A-7. Annual annuity adjustment.

§15-2A-8. Refunds to certain members upon discharge of resignation; deferred retirement.

§15-2A-9. Awards and benefits for disability – Incurred in performance of duty.

§15-2A-10. Same -- Due to other causes.

§15-2A-11. Same -- Physical examinations; termination.

§15-2A-11a. Physical examinations of prospective members; application for disability benefit; determinations.

§15-2A-11b. Annual report on each employer's disability retirement experience.

§15-2A-12. Awards and benefits to dependents of employees or retirants - When employee dies in performance of duty, etc.; dependent child scholarship and amount.

§15-2A-13. Same -- When member dies from nonservice-connected causes before serving twenty years.

§15-2A-14. Awards and benefits to dependents of member -- When member dies after retirement or after serving twenty years.

§15-2A-15. Exemption from taxation, garnishment and other process; exception for certain qualified domestic relations orders.

§15-2A-16. Fraud; penalties.

§15-2A-17. Awards and benefits to dependents of member -- Termination.

§15-2A-18. Authority to continue payments to certain dependents.

§15-2A-19. Credit toward retirement for member's prior military service; credit toward retirement when member has joined Armed Forces in time of armed conflict; qualified military service.

§15-2A-20. Benefits not forfeited if system terminates.

§15-2A-21. Retirement credited service through member's use, as option, of accrued annual or sick leave days.

§15-2A-22. Limitations on benefit increases.

§15-2A-23. Correction of errors; underpayments; overpayments.

CHAPTER 15, ARTICLE 2B. DNA DATA.

§15-2B-1. Short title.

§15-2B-2. Policy.

§15-2B-3. Definitions.

§15-2B-4. Division of public safety to establish and administer DNA identification system; inspection of laboratories.

§15-2B-5. Authority of division to enter into cooperative agreements.

§15-2B-6. DNA sample required for DNA analysis upon conviction; DNA sample required for certain prisoners.

§15-2B-7. Tests to be performed on DNA sample.

§15-2B-8. Maintenance of DNA samples and records.

§15-2B-9. Procedures for withdrawal of blood sample for DNA analysis and for conducting analysis.

§15-2B-10. DNA database exchange.

§15-2B-11. Expungement.

§15-2B-12. Confidentiality; unauthorized uses of DNA databank; penalties.

§15-2B-13. Neglect of duties; destruction of samples; penalties.

§15-2B-14. Right to DNA testing.

§15-2B-15. Collection of fees to cover the cost of DNA profile entry into the DNA database and DNA databank; cost of collecting and analyzing DNA sample.

§15-2B-16. Partial matches and the DNA database.

CHAPTER 15, ARTICLE 2C. CENTRAL ABUSE REGISTRY.

§15-2C-1. Definitions.

§15-2C-2. Central Abuse Registry; required information; procedures.

§15-2C-3. Reports of certain convictions by prosecuting attorneys.

§15-2C-4. Disclosure of information.

§15-2C-5. Expungement of registry listing.

§15-2C-6. Fees.

§15-2C-7. Registration of home care agencies required; form of registration; information to be provided.

§15-2C-8. Service provider responsibilities.

§15-2C-9. Responsibilities of a Qualified Entity.

CHAPTER 15, ARTICLE 2D. DIVISION OF PROTECTIVE SERVICES.

§15-2D-1. Legislative findings.

§15-2D-2. Duties and powers of the director and officers.

§15-2D-3. Duties and powers of the director and officers

§15-2D-4. Oath of office.

§15-2D-5. Application of article.

§15-2D-6. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§15-2D-7. Security enforcement fund.

§15-2D-8. Awarding service weapon upon retirement of Division of Protective Services member.

CHAPTER 15, ARTICLE 2E. STATE POLICE ACADEMY POST EXCHANGE.

§15-2E-1. Definitions.

§15-2E-2. Post exchange authorized.

§15-2E-3. Operation of post exchange.

§15-2E-4. Creation of special account.

§15-2E-5. Use of funds from post exchange revenue.

§15-2E-6. Post exchange reporting requirements.

§15-2E-7. Legislative rules.

§15-2E-8. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 15, ARTICLE 3. COMMUNICATION SYSTEMS FOR POLICE PURPOSES.

§15-3-1. Communication system for department of public safety.

§15-3-2. Radio transmitters operating on the State Police frequency.

§15-3-3. Use of police radio stations.

§15-3-4. Priority of calls to police radio stations.

§15-3-5. Use of information obtained by interceptions of transmissions on department of public safety communications system forbidden; penalties.

§15-3-6. Location of police radio stations.

§15-3-7. Staffs of police radio stations.

§15-3-8. Superintendent to make rules and regulations to carry out article.

§15-3-9. Jurisdiction of justices to enforce article.

§15-3-10. Disclosure of location information; emergency situations.

CHAPTER 15, ARTICLE 3A. AMBER ALERT PLAN.

§15-3A-1. Short title.

§15-3A-2. Findings and determinations relative to "Amber's Plan".

§15-3A-3. Establishment of "Amber's Plan".

§15-3A-4. Activation of Amber Alert.

§15-3A-5. Notice to participating media; broadcast of alert.

§15-3A-6. Guidelines; procedural rules.

§15-3A-7. Providing for the use of video image recording devices for search purposes during an Amber Alert, Silver Alert, or Purple Alert Activation.

CHAPTER 15, ARTICLE 3B. SILVER ALERT PLAN.

§15-3B-1. Short title.

§15-3B-2. Findings and declarations relative to “Silver Alert Plan”.

§15-3B-3. Establishment of “Silver Alert” program.

§15-3B-4. Activation of Silver Alert.

§15-3B-5. Notice to participating media; broadcast of alert.

§15-3B-6. Aid to missing senior citizen; immunity from civil or criminal liability.

CHAPTER 15, ARTICLE 3C. BLUE ALERT PLAN.

§15-3C-1. Short title.

§15-3C-2. Findings and declarations relative to the "Blue Alert Plan".

§15-3C-3. Establishment of "Blue Alert" program.

§15-3C-4. Activation of Blue Alert.

§15-3C-5. Notice to participating media; broadcast of alert.

§15-3C-6. Immunity from civil or criminal liability.

§15-3C-7. Guidelines; procedural rules.

CHAPTER 15, ARTICLE 3D. MISSING PERSONS ACT.

§15-3D-1. Short title.

§15-3D-2. Findings.

§15-3D-3. Definitions.

§15-3D-4. Missing persons complaints; law-enforcement procedures.

§15-3D-5. Missing persons investigation requirements.

§15-3D-6. Reporting and handling of unidentified human remains.

§15-3D-7. Identification of human remains.

§15-3D-8. Filing a false missing persons complaint; criminal penalties.

§15-3D-9. Missing and Endangered Child Advisory System; definitions; rule-making authority.

CHAPTER 15, ARTICLE 3E. CREATION OF A STATEWIDE GREEN ALERT PLAN.

§15-3E-1. Short title.

§15-3E-2. Findings and declarations relative to Green Alert Plan.

§15-3E-3. Establishment of Green Alert Plan.

§15-3E-4. Activation of Green Alert.

§15-3E-5. Notice to participating media; broadcast of alert.

§15-3E-6. Aid to missing at-risk veteran; immunity from civil or criminal liability.

§15-3E-7. Guidelines; procedural rules.

CHAPTER 15, ARTICLE 3F. PURPLE ALERT PLAN.

§15-3F-1. Short Title.

§15-3F-2. Findings and declarations relative to “Purple Alert Plan”.

§15-3F-3. Definition of Cognitive Impairment.

§15-3F-4. Establishment of “Purple Alert” program.

§15-3F-5. Activation of Purple Alert.

§15-3F-6. Notice to participating media; broadcast of alert.

§15-3F-7. Immunity from civil or criminal liability.

CHAPTER 15, ARTICLE 4. WEST VIRGINIA STATE GUARD.

§15-4-1. Governor authorized to organize and maintain West Virginia state guard.

§15-4-2. Rules and regulations.

§15-4-3. Pay and allowances.

§15-4-4. Arms and equipment; use of state armories, etc.

§15-4-5. Service limited to state, except as to fresh pursuit; apprehension of persons in another state.

§15-4-6. Pursuit and apprehension of certain persons in this state by military forces of another state.

§15-4-7. Status of forces and members thereof with regard to federal service.

§15-4-8. Civil organizations, etc., not to be enlisted as unit.

§15-4-9. Disqualifications.

§15-4-10. Oath of officers.

§15-4-11. Term of enlistment; oath of enlisted men.

§15-4-12. Articles of war to apply as to court-martial, etc.; freedom from arrest; jury duty.

§15-4-13. Citation of article.

CHAPTER 15, ARTICLE 5. DIVISION OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT.

§15-5-1. Policy and purpose.

§15-5-2. Definitions.

§15-5-3. Division of Emergency Management created.

§15-5-4. West Virginia disaster recovery board created; organization of board; appointment of board members; term of office and expenses of board members; meetings.

§15-5-4b. West Virginia Disaster Recovery Trust Fund disbursement.

§15-5-4c. Powers and duties related to the West Virginia Disaster Recovery Trust Fund.

§15-5-5. General powers of the Governor.

§15-5-6. Proclamation of a state of emergency or state of preparedness by the Governor or the Legislature; additional powers of the Governor during a state of emergency or state of preparedness.

§15-5-6a. Temporary suspension of nutrition standards in public schools.

§15-5-7. Mobile support units.

§15-5-8. Local organization for emergency services.

§15-5-9. Mutual aid agreements.

§15-5-10. Regional organizations for emergency services.

§15-5-11. Immunity and exemption; "duly qualified emergency service worker" defined.

§15-5-12. Liability to sheltered persons.

§15-5-13. Appropriations; acceptance of services, gifts, grants, and loans.

§15-5-14. Political activity of emergency service organizations.

§15-5-15. Emergency service personnel.

§15-5-15a. Paid leave for disaster service volunteers.

§15-5-15b. Paid leave for certain state officers and employees during a declared state of emergency.

§15-5-16. Utilization of existing services and facilities.

§15-5-17. Enforcement.

§15-5-18. Arrest by peace officer without warrant.

§15-5-19. Unorganized militia.

§15-5-19a. Possession of firearms during a declared state of emergency.

§15-5-19b. Criminal penalties for using automated telephone calls to disseminate false, misleading or deceptive information regarding matters effecting or effected by a proclaimed state of emergency or state of preparedness.

§15-5-20. Disaster prevention.

§15-5-20a. Floodplain manager training.

§15-5-20b. Continuation of the State Office of the National Flood Insurance Program; transfer to the Division of Emergency Management; funding; responsibilities.

§15-5-21. Communications.

§15-5-22. Emergency Management Assistance Compact.

§15-5-23. Severability; conflicts.

§15-5-24. Disaster Recovery Trust Fund; disbursement of funds.

§15-5-25. Prohibition on funds inuring to the benefit of or being distributable to members, officers or private persons.

§15-5-26. Tax exemption.

§15-5-27. Annual report.

§15-5-28. Statewide mutual aid system.

§15-5-29. Cooperation with State Resiliency Office.

§15-5-30. State of emergency; state of preparedness; essential workers.

CHAPTER 15, ARTICLE 5A. WEST VIRGINIA EMERGENCY RESPONSE AND COMMUNITY RIGHT-TO-KNOW ACT.

§15-5A-1. Declaration of purpose.

§15-5A-2. Jurisdiction of West Virginia emergency response commission.

§15-5A-3. Definitions.

§15-5A-4. State emergency response commission created; composition and organization, qualifications, terms, removal, compensation, meetings.

§15-5A-5. Powers and duties of the commission.

§15-5A-6. Powers and duties of the Office of Emergency Services.

§15-5A-7. Establishment of emergency planning districts and committees; composition, organization, duties.

§15-5A-8. Severability.

CHAPTER 15, ARTICLE 5B. MINE AND INDUSTRIAL ACCIDENT RAPID RESPONSE SYSTEM.

§15-5B-1. Legislative purpose; Mine and Industrial Accident Rapid Response System created.

§15-5B-2. Mine and industrial accident emergency operations center.

§15-5B-3. Emergency mine response.

§15-5B-3a. Industrial facility emergency event notification and access.

§15-5B-4. Study of other industrial emergencies.

§15-5B-5. Rule-making authority.

§15-5B-6. Mine Safety Anonymous Tip Hotline.

CHAPTER 15, ARTICLE 5C. REPORTING OF EMERGENCY INCIDENTS BY WELL AND PIPELINE OPERATORS.

§15-5C-1. Definitions.

§15-5C-2. Reporting requirements.

CHAPTER 15, ARTICLE 6. STATE ARMORY BOARD.

§15-6-1. Legislative purpose and authority.

§15-6-2. Armory board revenue bonds not to constitute state debt, etc.

§15-6-3. Definitions.

§15-6-4. State armory board -- Generally.

§15-6-5. State armory board -- Duties.

§15-6-6. State armory board -- Powers.

§15-6-6a. Transfer of powers and duties to the Adjutant General.

§15-6-7. State armory board -- Authority to issue revenue bonds.

§15-6-8. State armory board -- Trustee of holders of revenue bonds.

§15-6-9. Application of proceeds of bonds, grants and appropriations.

§15-6-10. Rentals and other revenues from armories.

§15-6-11. Authority of board to pledge revenues as security.

§15-6-12. Title to armory property, etc., to vest in state.

§15-6-13. Lease of armory or armory facilities by Adjutant General.

§15-6-14. Acquisition of property for armory projects; condemnation.

§15-6-15. Preliminary expenses of armory projects.

§15-6-16. County or municipal aid for armory purposes.

§15-6-17. Disposition of abandoned and unsuitable armories or armory facilities.

§15-6-18. Exemption of armories, etc., from taxation.

§15-6-19. Article not authority to create state debt.

§15-6-20. Compliance with article and state Constitution only restrictions on construction and management of projects under article.

CHAPTER 15, ARTICLE 7. EMERGENCY INTERIM LEGISLATIVE SUCCESSION ACT.

§15-7-1. Citation of article.

§15-7-2. Declaration of policy.

§15-7-3. Definitions.

§15-7-4. Designation of emergency interim successors to legislators.

§15-7-5. Status, qualifications and term of emergency interim successors.

§15-7-6. Contingent method of designating emergency interim successors.

§15-7-7. Recording and publication of successor's name.

§15-7-8. Oath of emergency interim successors.

§15-7-9. Duty of emergency interim successors.

§15-7-10. Place of legislative session in event of attack, etc.

§15-7-11. Assumption of powers and duties of legislator by emergency interim successor.

§15-7-12. Privileges, immunities and compensation of emergency interim successors.

§15-7-13. Separability of provisions.

CHAPTER 15, ARTICLE 8. WEST VIRGINIA SHERIFFS' BUREAU.

§15-8-1. Repealed. Acts, 2015 Reg. Sess., Ch. 52.

§15-8-2. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§15-8-3. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§15-8-4. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§15-8-5. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§15-8-6. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§15-8-7. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§15-8-8. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§15-8-9. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§15-8-10. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§15-8-11. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§15-8-12. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

CHAPTER 15, ARTICLE 9. GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION.

§15-9-1. Governor's Committee on Crime, Delinquency and Correction established; Committee designated as state planning.

§15-9-2. Facility inspection.

§15-9-3. Ascertaining compliance with applicable standards in juvenile detention and correctional facilities.

§15-9-4. Sentencing Commission Subcommittee.

§15-9-5. Authorization to adopt bylaws, policies and procedures, and to promulgate legislative rules.

§15-9-6. Other responsibilities of the committee.

§15-9-7. Coordinated program for substance abuse treatment referral.

CHAPTER 15, ARTICLE 9A. DIVISION OF JUSTICE AND COMMUNITY SERVICES.

§15-9A-1. [Repealed.] Acts, 2019 Reg. Sess., Ch. 226.

§15-9A-2. [Repealed.] Acts, 2019 Reg. Sess., Ch. 226.

§15-9A-3. [Repealed.] Acts, 2019 Reg. Sess., Ch. 226.

§15-9A-4. [Repealed.] Acts, 2019 Reg. Sess., Ch. 226.

CHAPTER 15, ARTICLE 9B. SEXUAL ASSAULT EXAMINATION NETWORK.

§15-9B-1. Sexual Assault Forensic Examination Commission.

§15-9B-1a. Definitions.

§15-9B-2. Powers and duties of the commission.

§15-9B-3. Local Sexual Assault Forensic Examination Boards.

§15-9B-4. Submission, testing, and retention of sexual assault forensic examination kits.

§15-9B-5. Offenses; penalty.

CHAPTER 15, ARTICLE 9C. WEST VIRGINIA SENTENCING COMMISSION.

§15-9C-1. Legislative findings.

§15-9C-2. Creation of Sentencing Commission; purpose; composition.

§15-9C-3. Powers and duties of the commission.

§15-9C-4. Objectives of the commission.

§15-9C-5. Recommendations to Legislature.

§15-9C-6. Sunset.

CHAPTER 15, ARTICLE 10. COOPERATION BETWEEN LAW-ENFORCEMENT AGENCIES.

§15-10-1. Short title.

§15-10-2. Legislative findings.

§15-10-3. Definitions.

§15-10-4. Cooperation between law-enforcement agencies and other groups of state or local law-enforcement officers.

§15-10-5. Federal officers’ peace-keeping authority.

§15-10-6. Transportation of out-of-state prisoners; authority of foreign law-enforcement officers.

§15-10-7. Cooperation with military authorities.

CHAPTER 15, ARTICLE 10A. LAW-ENFORCEMENT REEMPLOYMENT ACT.

§15-10A-1. Legislative findings.

§15-10A-2. Reemployment of law-enforcement officers.

§15-10A-3. Examination requirements.

§15-10A-4. Coverage for illness or injury.

§15-10A-5. Ineligibility for contributions to pensions.

§15-10A-6. Employment status; civil service; and retirement benefits.

CHAPTER 15, ARTICLE 11. PAYMENT OF FUNERAL EXPENSES.

§15-11-1. Law-enforcement, safety and emergency worker funeral expense fund created.

§15-11-2. Payment of funeral expenses of law-enforcement, safety, and emergency workers killed in the line of duty.

CHAPTER 15, ARTICLE 12. SEX OFFENDER REGISTRATION ACT.

§15-12-1. Short title.

§15-12-1a. Intent and findings.

§15-12-2. Registration.

§15-12-2a. Court determination of sexually violent predator.

§15-12-2b. Creation of sex offender registration advisory board.

§15-12-3. Change in registry information.

§15-12-3a. Petition for removal of sexually violent predator designation.

§15-12-4. Duration.

§15-12-5. Distribution and disclosure of information; community information programs by prosecuting attorney and State Police; petition to circuit court.

§15-12-6. Duties of institution officials.

§15-12-6a. Release of information to the Sex Offender Registry.

§15-12-7. Information shall be released when person moves out of state.

§15-12-8. Failure to register or provide notice of registration changes; penalty; penalty for aiding and abetting.

§15-12-9. Registration of out-of-state offenders.

§15-12-10. Address and online information verification.

CHAPTER 15, ARTICLE 13. CHILD ABUSE AND NEGLECT REGISTRATION.

§15-13-1. Intent and findings.

§15-13-2. Registration.

§15-13-3. Change in registry information.

§15-13-4. Duration.

§15-13-5. Distribution and disclosure of information.

§15-13-6. Duties of institution officials.

§15-13-7. Failure to register or provide notice of registration changes; penalty.

§15-13-8. Registration of out-of-state offenders.

CHAPTER 15, ARTICLE 14. THE STATEWIDE INTEROPERABLE RADIO NETWORK.

§15-14-1. Short title.

§15-14-2. Definitions.

§15-14-3. Purpose and objectives.

§15-14-4. Appointment of the Statewide Interoperability Coordinator.

§15-14-5. The Statewide Interoperability Executive Committee.

§15-14-6. Duties of the Statewide Interoperability Executive Committee.

§15-14-7. Maintenance and Operations of the Statewide Interoperable Network; personnel; assets; agreements.

§15-14-8. The Regional Interoperability Committees; composition; duties.

§15-14-9. Creation of the Statewide Interoperable Radio Network account; purpose; funding; disbursements.

§15-14-10. Rule-making.

CHAPTER 15, ARTICLE 15. LAW ENFORCEMENT SAFETY ACT.

§15-15-1. Mandatory indexing of felony warrants.

CHAPTER 15, ARTICLE 16. FEDERAL IMMIGRATION ENFORCEMENT.

§15-16-1. Definitions

§15-16-2. Prohibited policies regarding immigration enforcement.

§15-16-3. Mandatory duties of law enforcement agencies regarding immigration detainer.

§15-16-4. Mandatory agreements for housing persons subject to immigration detainers.

§15-16-5. Complaint procedure; notice; equitable relief.

§15-16-6. Removal from office for malfeasance, neglect of duty, and failure to faithfully discharge duties of office.

§15-16-7. Attorney General to defend good-faith compliance upon request.

§15-16-8. Report of violations; whistle-blower protections.

§15-16-9. Implementation; discrimination prohibited.

CHAPTER 15A. DEPARTMENT OF HOMELAND SECURITY.

CHAPTER 15A, ARTICLE 1. DEFINITIONS.

§15A-1-1. Rules of construction generally.

§15A-1-2. Department.

§15A-1-3. Secretary.

§15A-1-4. 'Commissioner' defined.

§15A-1-5. 'Inmate' defined.

§15A-1-6. 'Resident' defined.

§15A-1-7. Compliance with requests for personnel information.

§15A-1-8. Preservation of biological evidence from criminal cases; directing Secretary to undertake a study and report to the Legislature.

§15A-1-9. Department of Homeland Security; Secretary of the Department of Homeland Security; powers and duties.

CHAPTER 15A, ARTICLE 2. DIVISION OF ADMINISTRATIVE SERVICES.

§15A-2-1. Division of Administrative Services.

§15A-2-2. Division director; appointment and qualifications; powers and duties.

§15A-2-3. Transfer of employees; continuation of programs; transfer of equipment and records; protection.

§15A-2-4. Criminal justice and grant administration.

§15A-2-5. Human trafficking assistance notices.

CHAPTER 15A, ARTICLE 3. DIVISION OF CORRECTIONS AND REHABILITATION.

§15A-3-1. Purpose and legislative intent.

§15A-3-2. Division of Corrections and Rehabilitation established.

§15A-3-3. Commissioner of division; qualifications, oath and bond.

§15A-3-4. Powers and duties of commissioner generally.

§15A-3-5. Officers and employees of corrections institutions.

§15A-3-6. Hiring of correctional officer without regard to position on the register.

§15A-3-7. Compensation of employees; traveling and other expenses.

§15A-3-8. Reports by commissioner and chief officers of institutions to Auditor.

§15A-3-9. Special compensation of officers and employees prohibited; penalty.

§15A-3-10. Law-enforcement powers of employees; authority to carry firearms.

§15A-3-11. Unauthorized use of uniform, badge, identification card, or other insignia; impersonation of member; and penalty.

§15A-3-12. Institutions managed by commissioner.

§15A-3-13. Title to property of state institutions; custody of deeds and other muniments of title; authority of Commissioner.

§15A-3-14. Exempt from Purchasing Division; purchasing procedures.

§15A-3-14a. Creation of special fund for surplus property revenue; disposal of surplus property.

§15A-3-15. Mutual aid agreements.

§15A-3-16. Funds for operations of jails under the jurisdiction of the commissioner.

§15A-3-17. Jail Operations Partial Reimbursement Fund.

§15A-3-18. Rules.

CHAPTER 15A, ARTICLE 4. CORRECTIONS MANAGEMENT.

§15A-4-1. Applicability of article.

§15A-4-2. Furlough programs.

§15A-4-3. Electronic monitoring of offenders; special account.

§15A-4-4. Diagnostic and classification divisions.

§15A-4-5. Transfer of inmates of state institutions or facilities.

§15A-4-6. Monitoring of inmate telephone calls; procedures and restrictions; calls to or from attorneys excepted.

§15A-4-7. Monitoring inmate mail; procedures and restrictions; identifying mail from a state institution; mail to or from attorneys excepted.

§15A-4-8. Monitoring of inmate electronic correspondence; procedures and restrictions; to or from attorneys excepted.

§15A-4-8a. Facility video and security records confidential; exceptions.

§15A-4-9. Trustee accounts and funds, earnings and personal property of inmates and residents.

§15A-4-10. Inmate or resident benefit funds.

§15A-4-11. Financial responsibility program for inmates.

§15A-4-12. Limitation on reimbursement rate to medical service providers for services outside division facilities.

§15A-4-13. Charges assessed against inmates for services provided by state.

§15A-4-13a. Prohibition on use of taxpayer resources for certain medical procedures.

§15A-4-14. Record of inmate or resident.

§15A-4-15. Manufacture of license plates, road signs or markers.

§15A-4-16. Gifts to or dealings with inmate or resident.

§15A-4-17. Deduction from sentence for good conduct; mandatory supervision.

§15A-4-17a. Division of Corrections and Rehabilitation mandatory supervised release plan.

§15A-4-18. Governor's authority to authorize commissioner to consent to transfer of inmates under a federal treaty.

§15A-4-19. Mentally ill inmates; treatment; transfer between correctional and mental health facilities; correctional facility procedures.

§15A-4-20. Work program.

§15A-4-21. Director of employment; director of housing; released inmates; duties.

CHAPTER 15A, ARTICLE 4A. EXPANDED WORK RELEASE PILOT PROGRAM.

§15A-4A-1. Purpose of article and legislative findings.

§15A-4A-2. Definitions.

§15A-4A-3. Expanded work release pilot program.

§15A-4A-4. Eligibility; Funding.

§15A-4A-5. Limitations on eligibility for work release participation.

§15A-4A-6. Internal policy development.

§15A-4A-7. Funding and financial implications.

CHAPTER 15A, ARTICLE 5. BUREAU OF PRISONS AND JAILS.

§15A-5-1. Creation of Bureau of Prisons and Jails; organization of facilities.

§15A-5-2. Transfer of duties and funds of Division of Corrections.

§15A-5-3. Superintendents; duties and authority; bond; residence.

§15A-5-4. Appointment of deputy superintendent; duties; bond.

§15A-5-5. Hiring of other assistants and employees.

§15A-5-6. Jail intake facilities; housing of adult inmates.

§15A-5-7. Pretrial risk assessment.

§15A-5-8. Jail processing fee.

§15A-5-9. Ability to refuse offenders.

§15A-5-10. Completing the GOALS Program satisfies the requirements for the DUI Safety and Treatment Program.

CHAPTER 15A, ARTICLE 6. BUREAU OF JUVENILE SERVICES.

§15A-6-1. Creation of Bureau of Juvenile Services; organization of facilities.

§15A-6-2. Transfer of duties and funds.

§15A-6-3. Superintendents; duties and authority; bond; residence.

§15A-6-4. Appointment of deputy superintendent; duties; bond.

§15A-6-5. Hiring of other assistants and employees; duties of correctional employees.

CHAPTER 15A, ARTICLE 7. BUREAU OF COMMUNITY CORRECTIONS.

§15A-7-1. Creation of Bureau of Community Corrections; Organization of facilities.

§15A-7-2. Duties of superintendents; bond; residence.

§15A-7-3. Hiring of other assistants and employees; duties of employees.

§15A-7-4. Supervision of probationers and parolees; final determinations remaining with board of probation and parole.

§15A-7-5. Powers and duties of state parole officers.

§15A-7-6. Parole supervision benefit fund.

CHAPTER 15A, ARTICLE 8. REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY BOARD.

§15A-8-1. Powers and authority of the Regional Jail and Correctional Facility Authority Board; continuation of the Regional Jail and Correctional Facility Authority Board; payment of bonds; appeal of per diem rate.

§15A-8-2. West Virginia Regional Jail and Correctional Facility Authority Board; composition; appointment; terms; compensation and expenses.

§15A-8-3. Governing body; organization and meetings; quorum; administrative expenses.

CHAPTER 15A, ARTICLE 9. OFFICE OF ADMINISTRATIVE HEARINGS.

§15A-9-1. Office created; appointment of Chief Hearing Examiner.

§15A-9-2. Organization of office.

§15A-9-3. Jurisdiction of Office of Administrative Hearings.

§15A-9-4. Hearing procedures.

§15A-9-5. Rule-making authority.

§15A-9-6. Duty to provide notice of change of address.

§15A-9-7. Transition from divisions of the department to the Office of Administrative Hearings.

CHAPTER 15A, ARTICLE 10. FIRE MARSHAL.

§15A-10-1. State Fire Marshal and Office of the State Fire Marshal transferred to Department of Homeland Security; appointment of State Fire Marshal; removal; salary; qualifications; responsibilities; employees; equipment.

§15A-10-2. Powers, duties, and authority of State Fire Marshal.

§15A-10-3. Additional powers, duties and authority of State Fire Marshal relating to law enforcement; statewide contracts; penalties; authority to carry firearms.

§15A-10-4. Enforcement standards.

§15A-10-5. General rule-making authority; appointment of advisory boards.

§15A-10-6. Responsibilities of insurance companies in fire loss investigation.

§15A-10-7. Fees.

§15A-10-8. Annual reports.

§15A-10-9. Maintenance of fire hazard; order for repair or demolition; order to contain notice to comply; right to appeal.

§15A-10-10. Service of repair or demolition order.

§15A-10-11. Work to be done at expense of owner or occupant upon failure to comply with repair or demolition order; action to recover.

§15A-10-12. Smoke detectors in one- and two-family dwellings; carbon monoxide detectors in residential units, schools, and daycare facilities; penalty.

§15A-10-13. Use of live trees in public buildings; exceptions.

§15A-10-14. Safety standards for bed and breakfast establishments; findings.

§15A-10-15. Performance of installation of propane gas systems.

§15A-10-16. Additional remedies to abate, etc., fire hazards.

§15A-10-17. License denial limitation, suspension, or revocation.

§15A-10-18. Independent informal dispute resolution.

§15A-10-19. Establishment of demonstration buildings and equipment for educational instruction in fire prevention and protection; payment therefor.

§15A-10-20. False alarm of fire; penalties.

§15A-10-21. Tax on insurance companies.

§15A-10-22. Penalties.

§15A-10-23. Construction.

§15A-10-24. Severability.

§15A-10-25. Awarding service weapon upon retirement of fire marshal or service weapon.

CHAPTER 15A, ARTICLE 11. FIRE COMMISSION.

§15A-11-1. State Fire Commission continued; composition; qualifications; appointment; terms of office; removal; vacancies; compensation and expenses.

§15A-11-2. Chairperson; vice chairperson; meetings; quorum.

§15A-11-3. Promulgation of rules and State Fire Code.

§15A-11-4. Hazardous substance emergency response training programs.

§15A-11-5. Promulgation of rules and statewide building code.

§15A-11-6. Public hearings and notice.

§15A-11-7. Commission’s powers in conduct of public hearing.

§15A-11-8. Powers, duties, and authority of State Fire Commission.

§15A-11-9. Volunteer firefighters’ training and equipment.

§15A-11-10. Courtesy certification of firefighters in surrounding states to serve as volunteer firefighter.

§15A-11-11. Fire Service Equipment and Training Fund; creation of fire service equipment and training grant; reports of ineligibility to State Fire Marshal.

CHAPTER 15A, ARTICLE 12. WEST VIRGINIA FUSION CENTER.

§15A-12-1. West Virginia Fusion Center Established.

§15A-12-2. Operation of center.

§15A-12-3. Joint Oversight Committee.

§15A-12-4. Memoranda of understanding required.

§15A-12-5. Confidentiality and immunity from service of process; penalties.

§15A-12-6. Receipt of information; immunity from liability.

§15A-12-7. Costs.

§15A-12-8. Registration plates to official vehicles used in agency activities.

§15A-12-9. Cold case database.

CHAPTER 15A, ARTICLE 13. OFFICE OF THE INSPECTOR GENERAL.

§15A-13-1. Office created; appointment of Inspector General.

CHAPTER 16. PUBLIC HEALTH.

CHAPTER 16, ARTICLE 1. STATE PUBLIC HEALTH SYSTEM.

§16-1-1. Purpose.

§16-1-2. Definitions.

§16-1-3. Powers and duties of the Secretary.

§16-1-4. Proposal of rules by the secretary.

§16-1-5. State health officer; Commissioner of the Bureau for Public Health; appointment; qualifications; term.

§16-1-6. Commissioner of the Bureau for Public Health; powers and duties.

§16-1-7. Commissioner serving on advisory boards.

§16-1-8. Inclusion of Alzheimer's disease in existing public health programs.

§16-1-9. Duties and powers of the commissioner; supervision over local sanitation; violations; jurisdiction; penalties.

§16-1-9a. Regulation of public water systems.

§16-1-9b. Permit approval for individual systems with surface water discharge; reserve areas.

§16-1-9c. Required update or completion of source water protection plans.

§16-1-9d. Wellhead and Source Water Protection Grant Program.

§16-1-9e. Long-term medical study.

§16-1-9f. Inventory of potential sources of significant contamination.

§16-1-9g. Reciprocity in licensing for public water systems operators and wastewater operators.

§16-1-10. Disposition of permit, license, or registration fees received by the commissioner; report to Auditor; health facility licensing account.

§16-1-11. Disposition of fees for services charged and received by the commissioner; health services fund.

§16-1-12. Receipt and disbursement of federal aid and other moneys for health purposes.

§16-1-13. Hospital services revenue account.

§16-5P-15. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§16-1-14. Training of employees.

§16-1-15. Investigations and hearings; power to administer oaths, subpoena witnesses, etc.; use of information and material acquired.

§16-1-16. Repealed. Acts, 2012 Reg. Sess., Ch. 118.

§16-1-17. Penalties for interfering with examiners, inspectors or other authorized representatives of the commissioner in the performance of duty.

§16-1-18. Penalties for violating provisions of article.

§16-1-19. Child's right to nurse; location where permitted; right protected.

§16-1-20. Definitions and purpose.

§16-1-21. Creation of Diabetes Action Plan.

§16-1-22. Office of the Inspector General.

§16-1-22a. Judicial Review of decisions of contested cases.

§16-1-22b. Authority to subpoena witnesses and documents when investigating the provision of medical assistance programs.

§16-1-22c. Authority of Investigations and Fraud Management Division to subpoena witnesses and documents.

CHAPTER 16, ARTICLE 1A. UNIFORM CREDENTIALING FOR HEALTH CARE PRACTITIONERS.

§16-1A-1. Legislative findings; purpose.

§16-1A-2. Development of uniform credentialing application forms and the credentialing process.

§16-1A-3. Definitions.

§16-1A-4. Advisory committee.

§16-1A-5. Credentialing Verification Organization.

§16-1A-6. Contract with statewide credentialing verification organization; requirements.

§16-1A-7. Verification process; suspension of requirements.

§16-1A-8. Release and uses of information collected; confidentiality.

§16-1A-9. Rulemaking; fees; penalties.

§16-1A-10. Immunity.

CHAPTER 16, ARTICLE 1B. SKILLED NURSING FACILITIES FOR VETERANS OF THE UNITED STATES ARMED FORCES.

§16-1B-1. Legislative findings.

§16-1B-2. Construction, staffing and operation of one or more skilled nursing facilities for veterans of the Armed Forces of the United States.

§16-1B-3. Issuance of bonds by the hospital finance authority; payment of bonds from net profits of the veterans lottery instant scratch-off game.

§16-1B-4. Eligibility for service; legislative rule.

CHAPTER 16, ARTICLE 1C. HEALTH CARE PROVIDER TRANSPARENCY ACT.

§16-1C-1. Definitions.

§16-1C-2. Identification badge requirements.

§16-1C-3. Exceptions.

§16-1C-4. Rules.

§16-1C-5. Applicability.

CHAPTER 16, ARTICLE 2. LOCAL BOARDS OF HEALTH.

§16-2-1. Purpose.

§16-2-2. Definitions.

§16-2-3. Authority to create, establish and maintain county boards of health; service area.

§16-2-4. Authority to create, establish and maintain municipal boards of health; service area.

§16-2-5. Authority to create, establish and maintain combined local boards of health; service area.

§16-2-6. Appointment to and composition of municipal boards of health; qualifications; number of appointees.

§16-2-7. Appointment to and composition of county boards of health; qualifications; number of appointees.

§16-2-8. Appointment to and composition of combined local boards of health; qualifications; number of appointees.

§16-2-9. Local board of health; terms of appointment; reappointment; oath of office; vacancies; removal; compensation; expenses.

§16-2-10. Local board of health; meetings; attendance; bylaws; quorum; chairperson selection, powers and duties.

§16-2-11. Local board of health; powers and duties.

§16-2-12. Local health officer; term of appointment; qualifications; reappointment; compensation; and removal.

§16-2-13. Local health officer; powers and duties.

§16-2-14. Financial responsibilities of appointing authorities for local boards of health; levies; appropriation of county or municipal general funds for public health purposes; state funding.

§16-2-15. Obstructing local health officers and others in the enforcement of public health laws; other violations; penalties.

§16-2-16. Food handler examinations and cards.

§16-2-17. Event permit fees good for a year, reciprocity from other state health departments.

§16-2-18. In-state food service statewide permit.

CHAPTER 16, ARTICLE 2A. ALTERNATIVE METHOD OF ORGANIZING LOCAL HEALTH AGENCIES.

§16-2A-1. Repealed. Acts, 2000 Reg. Sess., Ch. 130.

CHAPTER 16, ARTICLE 2B. FAMILY PLANNING AND CHILD SPACING.

§16-2B-1. Family planning and child spacing; authorized functions; funds.

§16-2B-2. Local boards of health authorized to establish clinics; supervision; purposes; abortion not approved; approval by state board of programs.

§16-2B-3. State and local health and welfare agency employees to advise indigent and medically indigent of availability of services; compulsory acceptance of services prohibited; acceptance not condition to receiving other services and benefits.

§16-2B-4. Exemption of employees from offering services when such duty is contrary to religious beliefs.

CHAPTER 16, ARTICLE 2C. HOME HEALTH SERVICES.

§16-2C-1. Definitions.

§16-2C-2. Department to provide services; charges for services; authority to employ personnel; purchase of supplies and equipment; assistance to nonprofit agencies.

§16-2C-3. Local boards' authority respecting home health services.

§16-2C-4. Funds received for home health services.

§16-2C-5. Collection of fees for home health services.

CHAPTER 16, ARTICLE 2D. CERTIFICATE OF NEED.

§16-2D-1. Legislative findings.

§16-2D-2. Definitions.

§16-2D-3. Powers and duties of the authority.

§16-2D-4. Rulemaking.

§16-2D-4a Repealed. Acts, 2016 Reg. Sess., Ch. 195

§16-2D-4b Repealed. Acts, 2016 Reg. Sess., Ch. 195

§16-2D-5. Fee; special revenue account; administrative fines.

§16-2D-5a Repealed. Acts, 2016 Reg. Sess., Ch. 195

§16-2D-5b Repealed. Acts, 2016 Reg. Sess., Ch. 195

§16-2D-5c Repealed. Acts, 2016 Reg. Sess., Ch. 195

§16-2D-5d Repealed. Acts, 2016 Reg. Sess., Ch. 195

§16-2D-5e Repealed. Acts, 2016 Reg. Sess., Ch. 195

§16-2D-5f Repealed Acts, 2017 Reg. Sess., Ch. 185.

§16-2D-6. Changes to certificate of need standards.

§16-2D-7. Determination of reviewability.

§16-2D-7a Repealed. Acts, 2016 Reg. Sess., Ch. 195

§16-2D-8. Proposed health services that require a certificate of need.

§16-2D-9. Health services that cannot be developed.

§16-2D-10. Exemptions from certificate of need.

§16-2D-11. Exemptions from certificate of need which require the submission of information to the authority.

§16-2D-12. Minimum criteria for certificate of need reviews.

§16-2D-13. Procedures for certificate of need reviews.

§16-2D-14. Procedure for an uncontested application for a certificate of need.

§16-2D-15. Authority to render final decision; issue certificate of need; write findings; specify capital expenditure maximum.

§16-2D-16. Appeal of certificate of need a decision.

§16-2D-16a. Transfer of appellate jurisdiction to Intermediate Court of Appeals.

§16-2D-17. Nontransference, time period compliance and withdrawal of certificate of need.

§16-2D-18. Denial or revocation of license for operating without certificate.

§16-2D-19. Injunctive relief; civil penalty.

§16-2D-20. Statute of limitations.

CHAPTER 16, ARTICLE 2E. BIRTHING CENTERS.

§16-2E-1. Definitions.

§16-2E-2. Birthing centers to obtain license, application, fees, suspension, or revocation.

§16-2E-3. State director of health to establish rules and regulations; legislative findings; emergency filing.

§16-2E-4. Insurance.

§16-2E-5. Violations; penalties; injunction.

CHAPTER 16, ARTICLE 2F. PARENTAL NOTIFICATION OF ABORTIONS PERFORMED ON UNEMANCIPATED MINORS.

§16-2F-1. Legislative findings and intent.

§16-2F-2. Definitions.

§16-2F-3. Parental notification required for abortions performed on unemancipated minors.

§16-2F-4. Process to obtain waiver of notification.

§16-2F-5. Emergency exception from notification requirements.

§16-2F-6. Reporting requirements for physicians.

§16-2F-7. Article not to be construed to require abortion.

§16-2F-8. Penalties.

§16-2F-9. Severability.

CHAPTER 16, ARTICLE 2G. SPECIAL SUPPLEMENTARY FOOD PROGRAM FOR WOMEN, INFANTS AND CHILDREN (WIC).

§16-2G-1. Voucher or coupon redemption and payment.

CHAPTER 16, ARTICLE 2H. PRIMARY CARE SUPPORT PROGRAM.

§16-2H-1. Short title.

§16-2H-2. Primary Care Support Program.

§16-2H-3 Repealed Acts, 2019 Reg. Sess., Ch. 212.

§16-2H-4 Repealed Acts, 2019 Reg. Sess., Ch. 212.

CHAPTER 16, ARTICLE 2I. WOMEN'S RIGHT TO KNOW ACT.

§16-2I-1. Definitions.

§16-2I-2. Informed consent.

§16-2I-3. Printed information.

§16-2I-4. Internet website.

§16-2I-5. Procedure in case of medical emergency.

§16-2I-6. Protection of privacy in court proceedings.

§16-2I-7. Reporting requirements.

§16-2I-8. Administrative remedies.

§16-2I-9. Severability.

§16-2I-10. Repealed. Acts, 2010 Reg. Sess., Ch. 94.

CHAPTER 16, ARTICLE 2J. PREVENTIVE CARE PILOT PROGRAM.

§16-2J-1 Repealed Acts, 2017 Reg. Sess., Ch. 1

§16-2J-2 Repealed Acts, 2017 Reg. Sess., Ch. 1

§16-2J-3 Repealed Acts, 2017 Reg. Sess., Ch. 1

§16-2J-4 Repealed Acts, 2017 Reg. Sess., Ch. 1

§16-2J-5 Repealed Acts, 2017 Reg. Sess., Ch. 1

§16-2J-6 Repealed Acts, 2017 Reg. Sess., Ch. 1

§16-2J-7 Repealed Acts, 2017 Reg. Sess., Ch. 1

§16-2J-8 Repealed Acts, 2017 Reg. Sess., Ch. 1

§16-2J-9 Repealed Acts, 2017 Reg. Sess., Ch. 1

CHAPTER 16, ARTICLE 2K. PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY, "PACE".

§16-2K-1 Repealed Acts, 2017 Reg. Sess., Ch. 30.

§16-2K-2 Repealed Acts, 2017 Reg. Sess., Ch. 30.

CHAPTER 16, ARTICLE 2L. PROVIDER SPONSORED NETWORKS.

§16-2L-1. Legislative purpose.

§16-2L-2. Definitions.

§16-2L-3. Contracts with provider sponsored networks.

§16-2L-4. Options for Medicaid beneficiaries; assignment of enrollees.

§16-2L-5. Anti-trust exemption.

§16-2L-6. Rulemaking authority.

§16-2L-7. Reports to the Legislature.

CHAPTER 16, ARTICLE 2M. THE PAIN-CAPABLE UNBORN CHILD PROTECTION ACT.

§16-2M-1. Legislative findings.

§16-2M-2. Definitions.

§16-2M-3. Determination of gestational age.

§16-2M-4. Abortion of fetus of pain capable gestational age prohibited.

§16-2M-5. Reporting.

§16-2M-6. Penalties.

§16-2M-7. Severability.

CHAPTER 16, ARTICLE 2N. NEONATAL ABSTINENCE CENTERS.

§16-2N-1. Neonatal Abstinence Centers authorized; licensure required.

§16-2N-2. Rules; minimum standards for neonatal abstinence centers.

§16-2N-3. Certificate of need; exemption from moratorium.

CHAPTER 16, ARTICLE 2O. UNBORN CHILD PROTECTION FROM DISMEMBERMENT ABORTION ACT.

§16-2O-1. Unborn Child Protection from Dismemberment Abortion Act.

CHAPTER 16, ARTICLE 2P. BORN-ALIVE ABORTION SURVIVORS PROTECTION ACT.

§16-2P-1. Born-Alive Abortion Survivors Protection Act.

CHAPTER 16, ARTICLE 2Q. UNBORN CHILD WITH A DISABILITY PROTECTION AND EDUCATION ACT.

§16-2Q-1. Abortion may not be performed because of a disability, except in a medical emergency.

CHAPTER 16, ARTICLE 2R. UNBORN CHILD PROTECTION ACT.

§16-2R-1. Legislative findings.

§16-2R-2. Definitions.

§16-2R-3. Prohibition to perform an abortion.

§16-2R-4. Not considered an abortion.

§16-2R-5. Requirements when an abortion is performed on an unemancipated minor.

§16-2R-6. Reporting by licensed medical professionals regarding abortion.

§16-2R-7. Licensure action.

§16-2R-8. Protection of aborted fetuses born alive.

§16-2R-9. Severability.

CHAPTER 16, ARTICLE 3. PREVENTION AND CONTROL OF COMMUNICABLE AND OTHER INFECTIOUS DISEASES.

§16-3-1. State Director of Health Authority to quarantine and to enforce regulations; State Board of Health Authority to issue regulations to control infectious or contagious diseases.

§16-3-2. Powers of county and municipal boards of health to establish quarantine; penalty for violation.

§16-3-3. Communicable diseases on vessels or trains; offenses; penalty.

§16-3-4. Compulsory immunization of school children; information disseminated; offenses; penalties.

§16-3-4a. Influenza Immunizations.

§16-3-4b. Required exemptions to compulsory immunization against COVID-19 as a condition of employment; effective date.

§16-3-4c. Prohibiting proof of COVID-19 vaccination.

§16-3-5. Distribution of free vaccine preventives of disease.

§16-3-6. Nuisances affecting public health.

§16-3-7. Inflammation of the eyes of the newborn.

§16-3-8. Inflammation of the eyes of the newborn -- Duty of those assisting at childbirth to report cases; treatment.

§16-3-9. Inflammation of the eyes of the newborn -- Duties of local health officer.

§16-3-10. Inflammation of eyes of newborn -- Use of an appropriate medication as prophylactic.

§16-3-11. Same -- Duty of clerk of county commission.

§16-3-12. Same -- Duties of the state director of health; duties of board of health.

§16-3-13. Same -- Offenses; penalties.

CHAPTER 16, ARTICLE 3A. REPOSITORY OF INFORMATION ON MEDICAL TREATMENT FOR CERTAIN HAZARDOUS MATERIALS; REQUEST FOR INFORMATION; PENALTIES; ENFORCEMENT.

§16-3A-1. Purpose and legislative findings.

§16-3A-2. Hazardous materials; duties of the director of the department of health; requests for information; penalties; enforcement.

CHAPTER 16, ARTICLE 3B. PERTUSSIS.

§16-3B-1. Definitions.

§16-3B-2. Information supplied to individuals' parents prior to administration of pertussis vaccine.

§16-3B-3. Recordation of pertussis vaccine administration.

§16-3B-4. Data collection on pertussis vaccine administration.

§16-3B-5. Public hearings.

CHAPTER 16, ARTICLE 3C. AIDS-RELATED MEDICAL TESTING AND RECORDS CONFIDENTIALITY ACT.

§16-3C-1. Definitions.

§16-3C-2. HIV-related testing; methods for obtaining consent; billing patient health care providers.

§16-3C-3. Confidentiality of records; permitted disclosure; no duty to notify.

§16-3C-4. Substituted consent.

§16-3C-5. Remedies and penalties.

§16-3C-6. Prohibiting certain acts; HIV tests results.

§16-3C-7. Repealed. Acts, 2011 Reg. Sess., Ch. 87.

§16-3C-8. Administrative implementation.

§16-3C-9. Individual banking of blood by health care providers for elective surgery or medical procedures.

CHAPTER 16, ARTICLE 3D. TUBERCULOSIS TESTING, CONTROL, TREATMENT AND COMMITMENT.

§16-3D-1. Purpose and legislative findings.

§16-3D-2. Definitions.

§16-3D-3. Compulsory testing for tuberculosis of school children and school personnel; commissioner to approve the test; X rays required for reactors; suspension from school or employment for pupils and personnel found to have tuberculosis.

§16-3D-4. Report of cases, admissions, registration of patients.

§16-3D-5. Forms for reporting and committing patients; other records.

§16-3D-6. Cost of maintenance and treatment of patients.

§16-3D-7. Procedure when patient is a health menace to others; court ordered treatment; requirements for discharge; appeals.

§16-3D-8. Return of escapees from state tuberculosis institutions.

§16-3D-9. Procedures for immediate involuntary commitment; rules.

CHAPTER 16, ARTICLE 4. SEXUALLY TRANSMITTED DISEASES.

§16-4-1. Diseases designated as sexually transmitted.

§16-4-2. Investigations by local health officers.

§16-4-3. Medical clinics and detention houses.

§16-4-4. Evidence of infection.

§16-4-5. Examination of convicts; liability for expenses.

§16-4-6. Reports by physicians.

§16-4-7. False report or information.

§16-4-8. Blanks and fees for reports.

§16-4-9. Treatment.

§16-4-10. Minors.

§16-4-11. Precautions as to exposure to disease.

§16-4-12. Persons not under treatment.

§16-4-13. Sources of infection.

§16-4-14. Issuance of warrant or order as to custody.

§16-4-15. Form and execution of warrant.

§16-4-16. Hearing on warrant; detention.

§16-4-17. Release from detention.

§16-4-18. Employment of infected person.

§16-4-19. Voluntary submission to examination and treatment; charges; disposition of money collected.

§16-4-20. Communication of disease; certificate.

§16-4-21. Quarantine.

§16-4-22. Physicians to furnish statement of qualifications and facilities for treatment of venereal diseases.

§16-4-23. Costs and expenses of enforcement; jointly established places of detention.

§16-4-24. Offenses by druggists.

§16-4-25. Advertisements concerning venereal disease, etc.; penalty; exceptions.

§16-4-26. Offenses generally; penalties; jurisdiction of justices; complaints.

§16-4-27. Additional power and authority of local health officers.

§16-4-28. Detention places.

§16-4-29. Detention and treatment.

§16-4-30. Continuous jurisdiction.

CHAPTER 16, ARTICLE 4A. PRENATAL EXAMINATION.

§16-4A-1. Compulsory serologic test.

§16-4A-2. Attending physician to obtain blood specimen.

§16-4A-3. Identification of specimen; report.

§16-4A-4. Notation on birth certificate.

§16-4A-5. Offenses; penalty.

§16-4A-6. Separability.

CHAPTER 16, ARTICLE 4B. AUTOPSIES ON BODIES OF DECEASED PERSONS.

§16-4B-1. Autopsy on body of deceased persons in interest of medical science; who may perform; consent required; who may give consent.

CHAPTER 16, ARTICLE 4C. EMERGENCY MEDICAL SERVICES ACT.

§16-4C-1. Short title.

§16-4C-2. Purposes of article.

§16-4C-3. Definitions.

§16-4C-4. Office of Emergency Medical Services created; requiring appointment of a Director of the Office of Emergency Medical Services; staffing.

§16-4C-5. Emergency Medical Services Advisory Council; duties; composition; appointment; meetings; compensation and expenses.

§16-4C-5a. Repealed. Acts, 2010 Reg. Sess., Ch. 80.

§16-4C-6. Powers and duties of secretary.

§16-4C-6a. Emergency medical services agency licensure.

§16-4C-6b. Establishment of emergency medical services agency licensure fund; authorized expenditures; annual report.

§16-4C-6c Repealed Acts, 2018 Reg. Sess., Ch. 151.  

§16-4C-7. Vehicles, aircraft and persons aboard them exempted from requirements of article.

§16-4C-8. Standards for emergency medical services personnel.

§16-4C-8a. Courtesy certification of emergency medical services personnel in surrounding states.

§16-4C-9. Complaints; investigations; due process procedure; grounds for disciplinary action; public notice of action.

§16-4C-10. Procedures for hearing.

§16-4C-11. Liability for cost of emergency medical service.

§16-4C-12. Violations; criminal penalties.

§16-4C-13. Actions to enjoin violations; injunctive relief.

§16-4C-14. Services that may be performed by emergency medical service personnel.

§16-4C-15. Powers of emergency medical service attendants, emergency medical technicians-basic and emergency medical technicians-paramedic during emergency communications failures and disasters.

§16-4C-16. Limitation of liability; mandatory errors and omissions insurance.

§16-4C-17. Limitation of liability for failure to obtain consent.

§16-4C-18. Authority of emergency medical service personnel in charge of emergency medical services.

§16-4C-19. Obstructing or causing bodily injury to emergency medical service personnel; criminal penalties.

§16-4C-20. Service reciprocity agreements for mutual aid.

§16-4C-21. Restriction for provision of emergency medical services by out-of-state emergency medical service personnel or providers of emergency medical services.

§16-4C-22. Transportation of unconscious or otherwise uncommunicative patients.

§16-4C-23. Authority of the commissioner to make rules.

§16-4C-24. Emergency Medical Services Equipment and Training Fund; establishment of a grant program for equipment and training of emergency medical service providers and personnel.

§16-4C-25. Emergency Medical Services Salary Enhancement Fund.

§16-4C-26. Triage, treat, and transport to alternative destination.

CHAPTER 16, ARTICLE 4D. AUTOMATED EXTERNAL DEFIBRILLATORS.

§16-4D-1. Purpose and findings.

§16-4D-2. Definitions.

§16-4D-3. Early defibrillation programs.

§16-4D-4. Limitation on liability.

CHAPTER 16, ARTICLE 4E. UNIFORM MATERNAL SCREENING ACT.

§16-4E-1. Legislative findings.

§16-4E-2. Establishment of an advisory council on maternal risk assessment.

§16-4E-3. Responsibilities of the advisory council on maternal risk assessment.

§16-4E-4. Legislative rule-making authority.

§16-4E-5. Applicability of the screening tool.

§16-4E-6. Confidentiality of screening tool.

CHAPTER 16, ARTICLE 4F. EXPEDITED PARTNER THERAPY.

§16-4F-1. Definitions.

§16-4F-2. Expedited partner therapy.

§16-4F-3. Informational materials.

§16-4F-4. Limitation of liability.

§16-4F-5. Rulemaking.

CHAPTER 16, ARTICLE 5. VITAL STATISTICS.

§16-5-1. Definitions.

§16-5-2. Establishment of section of vital statistics in Bureau for Public Health.

§16-5-3. Department of Health to propose legislative rules.

§16-5-4. Appointment of State Registrar of Vital Statistics.

§16-5-5. Powers and duties of State Registrar.

§16-5-6. Registration districts.

§16-5-7. Appointment and removal of local registrars and deputy local registrars.

§16-5-8. Duties of local registrars and deputy local registrars.

§16-5-9. Content of certificates and reports.

§16-5-9a. Legal residences to be included on certificates of death.

§16-5-10. Birth registration acknowledgment and rescission of paternity.

§16-5-11. Registration of infants and minors born with specified birth defects.

§16-5-12. Notation on birth records of missing children.

§16-5-12a. Repealed. Acts, 2006 Reg. Sess., Ch. 249.

§16-5-12b. Repealed. Acts, 2006 Reg. Sess., Ch. 249.

§16-5-13. Registration of infants of unknown parentage.

§16-5-14. Delayed registration of births.

§16-5-15. Judicial procedure to establish facts of birth.

§16-5-16. Certificate of adoption.

§16-5-17. Court reports of determination of paternity.

§16-5-18. Certificates of birth following adoption, legitimation, paternity acknowledgment and court determination of paternity.

§16-5-18a. Repealed. Acts, 2006 Reg. Sess., Ch. 249.

§16-5-18b. Repealed. Acts, 2006 Reg. Sess., Ch. 249.

§16-5-19. Death registration.(a) A certificate of death for each death which occurs in this state shall be filed with the section of vital statistics, or as otherwise directed by the State Registrar, within five days after death, and prior to final disposition, and shall be registered if it has been completed and filed in accordance with this section.

§16-5-20. Delayed registration of death.

§16-5-21. Reports of fetal death.

§16-5-21a. Noah's Law; certificate of birth for a stillbirth; and contents of certificate.

§16-5-22. Reports of abortions.

§16-5-23. Authorization for disposition and disinterment and reinterment permits.

§16-5-24. Extension of time for filing certificates, reports and authorizations.

§16-5-25. Correction and amendment of vital records.

§16-5-26. Reproduction and preservation of records.

§16-5-27. Disclosure of information from vital records or vital reports.

§16-5-28. Copies from the system of vital statistics.

§16-5-29. Fees for copies and searches.

§16-5-30. Persons required to keep records.

§16-5-31. Duty to furnish information relative to vital events.

§16-5-32. Matching of birth and death certificates.

§16-5-33. Limitation on use of social security numbers.

§16-5-34. Uniform system of registration of marriage, divorce and annulment of marriage.

§16-5-35. Registration of marriages.

§16-5-36. Registration of divorces and annulments of marriages.

§16-5-37. Applicability to previously received certificates and reports.

§16-5-38. Penalties.

CHAPTER 16, ARTICLE 5A. CANCER CONTROL.

§16-5A-1. Cancer control.

§16-5A-2. Educational program.

§16-5A-2a. Cancer and tumor registry.

§16-5A-3. Establishment of clinics.

§16-5A-4. Tissue diagnostic service.

§16-5A-5. Care of needy patients.

§16-5A-6. Repealed. Acts, 1997 Reg. Sess., Ch. 61.

§16-5A-7. Repealed. Acts, 1997 Reg. Sess., Ch. 61.

§16-5A-8. Repealed. Acts, 1997 Reg. Sess., Ch. 61.

§16-5A-9. Repealed. Acts, 1997 Reg. Sess., Ch. 61.

§16-5A-9a. Repealed. Acts, 2013 Reg. Sess., Ch. 27.

§16-5A-10. Repealed. Acts, 1997 Reg. Sess., Ch. 61.

CHAPTER 16, ARTICLE 5B. HOSPITALS AND SIMILAR INSTITUTIONS.

§16-5B-1. Health facilities and certain other facilities operated in connection therewith to obtain license; exemptions; meaning of hospital, etc.

§16-5B-2. Hospitals and institutions to obtain license; qualifications of applicant.

§16-5B-3. Application for license.

§16-5B-4. License fees.

§16-5B-5. Inspection.

§16-5B-5a. Accreditation reports accepted for periodic license inspection.

§16-5B-6. State director of health -to issue licenses; suspension or revocation.

§16-5B-6a. Consumer majorities on hospital boards of directors.

§16-5B-7. Judicial review.

§16-5B-8. State board of health to establish standards; director enforces.

§16-5B-8a. Repealed. Acts, 1995 Reg. Sess., Ch. 123.

§16-5B-9. Hospitals and similar institutions required to supply patients, upon request, with one specifically itemized statement of charges assessed to patient, at no cost to patient.

§16-5B-10. Information not to be disclosed; exception.

§16-5B-11. Violations; penalties.

§16-5B-12. Injunction; severability.

§16-5B-13. Hospital-based paternity program.

§16-5B-14. Rural Emergency Hospital Act.

§16-5B-15. Hospital visitation.

§16-5B-16. Public notice regarding the closure of a licensed health care facility or hospital.

§16-5B-17. Healthcare-associated infection reporting.

§16-5B-18. Designation of comprehensive, primary, acute, and thrombectomy capable stroke-ready hospitals; reporting requirements; rulemaking.

§16-5B-19. Hospital police departments; appointment of hospital police officers; qualifications; authority; compensation and removal; law-enforcement grants; limitations on liability.

§16-5B-20. Patient safety and transparency.

CHAPTER 16, ARTICLE 5C. NURSING HOMES.

§16-5C-1. Purpose.

§16-5C-2. Definitions.

§16-5C-3. Powers, duties, and rights of secretary.

§16-5C-4. Administrative and inspection staff.

§16-5C-5. Rules; minimum standards for nursing homes.

§16-5C-5a. Repealed. Acts, 1993 Reg. Sess., Ch. 62.

§16-5C-6. License required; application; fees; duration; renewal.

§16-5C-7. Cost disclosure; surety for resident funds.

§16-5C-8. Investigation of complaints.

§16-5C-9. Inspections.

§16-5C-9a. Exemptions.

§16-5C-10. Reports of inspections; plans of correction; assessment of penalties and use of funds derived therefrom; hearings.

§16-5C-11. Ban on admissions; closure; transfer of residents; appointment of temporary management; assessment of interest; collection of assessments; promulgation of rules to conform with federal requirements.

§16-5C-12. License denial, limitation, suspension, or revocation.

§16-5C-12a. Independent informal dispute resolution.

§16-5C-13. Judicial Review.

§16-5C-14. Legal counsel and services of the department.

§16-5C-15. Unlawful acts; penalties; injunctions; private right of action.

§16-5C-16 Repealed Acts, 2019 Reg. Sess., Ch. 216.

§16-5C-17 Repealed Acts, 2019 Reg. Sess., Ch. 216.

§16-5C-18. Separate accounts for residents’ personal funds; consent for use; records; penalties.

§16-5C-19. Federal law; legislative rules.

§16-5C-20. Hospice palliative care required to be offered.

§16-5C-21. Employment restrictions.

§16-5C-22. Jury trial waiver to be a separate document.

CHAPTER 16, ARTICLE 5D. ASSISTED LIVING RESIDENCES.

§16-5D-1. Purpose.

§16-5D-2. Definitions.

§16-5D-3. Powers, duties, and rights of secretary.

§16-5D-4. Administrative and inspection staff.

§16-5D-5. Rules; minimum standards for assisted living residences.

§16-5D-6. License required; application; fees; duration; renewal.

§16-5D-7. Cost disclosure; surety for residents’ funds.

§16-5D-8. Investigation of complaints.

§16-5D-9. Inspections.

§16-5D-10. Reports of inspections; plans of correction; assessment of penalties and use of funds derived therefrom; hearings.

§16-5D-11. Enforcement actions; assessment of interest; collection of assessments; hearings.

§16-5D-12. License denial; limitation, suspension, or revocation.

§16-5D-13. Judicial review.

§16-5D-14. Legal counsel and services for the secretary.

§16-5D-15. Unlawful acts; penalties; injunctions; private right of action.

§16-5D-16 Repealed Acts, 2018 Reg. Sess., Ch. 196.  

§16-5D-17 Repealed Acts, 2018 Reg. Sess., Ch. 196.  

§16-5D-18. Separate accounts for residents' personal funds; consent for use; records; penalties.

CHAPTER 16, ARTICLE 5E. REGISTRATION AND INSPECTION OF SERVICE PROVIDERS IN LEGALLY UNLICENSED HEALTH CARE HOMES.

§16-5E-1. Purpose.

§16-5E-1a. Powers, rights and duties of the director.

§16-5E-2. Definitions.

§16-5E-3. Registration of service providers required; form of registration; information to be provided.

§16-5E-3a. Exemption for the United States Department of Veterans Affairs Medical Foster Homes; reporting.

§16-5E-4. Public availability of registry.

§16-5E-5. Inspections; right of entry.

§16-5E-6. Enforcement; criminal penalties.

CHAPTER 16, ARTICLE 5F. HEALTH CARE FINANCIAL DISCLOSURE.

§16-5F-1 Repealed Acts, 2017 Reg. Sess., Ch. 185.

§16-5F-2 Repealed Acts, 2017 Reg. Sess., Ch. 185.

§16-5F-3 Repealed Acts, 2017 Reg. Sess., Ch. 185.

§16-5F-4 Repealed Acts, 2017 Reg. Sess., Ch. 185.

§16-5F-5 Repealed Acts, 2017 Reg. Sess., Ch. 185.

§16-5F-6 Repealed Acts, 2017 Reg. Sess., Ch. 185.

§16-5F-7 Repealed Acts, 2017 Reg. Sess., Ch. 185.

CHAPTER 16, ARTICLE 5G. OPEN HOSPITAL PROCEEDINGS.

§16-5G-1. Declaration of legislative policy.

§16-5G-2. Definitions.

§16-5G-3. Proceedings to be open; public notice of meetings.

§16-5G-4. Exceptions.

§16-5G-5. Minutes.

§16-5G-6. Enforcement by injunctions; actions in violation of article voidable.

§16-5G-7. Violation of article; penalties.

CHAPTER 16, ARTICLE 5H. CHRONIC PAIN CLINIC LICENSING ACT.

§16-5H-1. Purpose and short title.

§16-5H-2. Definitions.

§16-5H-3. Pain management clinics to obtain license; application; fees and inspections.

§16-5H-4. Operational requirements.

§16-5H-5. Exemptions.

§16-5H-6. Inspection.

§16-5H-7. Suspension; revocation.

§16-5H-8. Violations; penalties; injunction.

§16-5H-9. Rules.

§16-5H-10. Advertisement disclosure.

CHAPTER 16, ARTICLE 5I. HOSPICE LICENSURE ACT.

§16-5I-1. Purpose and short title.

§16-5I-2. Definitions.

§16-5I-3. Hospices to obtain license; application; fees and inspections.

§16-5I-4. Suspension; revocation.

§16-5I-5. Secretary of Health and Human Resources to establish rules.

§16-5I-6. Violations; penalties; injunction.

CHAPTER 16, ARTICLE 5J. CLINICAL LABORATORIES QUALITY ASSURANCE ACT.

§16-5J-1. Legislative findings.

§16-5J-2. Definition.

§16-5J-3. Rules; recognized external standards.

§16-5J-4. Powers and duties.

§16-5J-5. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§16-5J-6. Hearing and judicial review.

§16-5J-7. Exemptions.

§16-5J-8. Unlawful conduct; penalties.

§16-5J-9. Interpretation of article; severability.

§16-5J-10. Licensure of technicians; fee; rules and regulations.

CHAPTER 16, ARTICLE 5K. EARLY INTERVENTION SERVICES FOR CHILDREN WITH DEVELOPMENTAL DELAYS.

§16-5K-1. Legislative findings and statement of purpose.

§16-5K-2. Definitions.

§16-5K-3. Responsibilities of the Department of Health.

§16-5K-4. Interagency coordinating council.

§16-5K-5. Provision of early intervention services.

§16-5K-6. West Virginia Birth-to-Three Fund.

§16-5K-7. Early intervention services for adopted children.

CHAPTER 16, ARTICLE 5L. LONG-TERM CARE OMBUDSMAN PROGRAM.

§16-5L-1. Short title.

§16-5L-2. Legislative purpose.

§16-5L-3. Definitions.

§16-5L-4. Creation of the state long-term care ombudsman program.

§16-5L-5. State long-term care ombudsman; qualifications; duties.

§16-5L-6. Establishment of regional long-term care ombudsman programs.

§16-5L-7. Regional long-term care ombudsmen; qualifications; duties; training; certification.

§16-5L-8. Long-term care ombudsman volunteers; qualifications; duties.

§16-5L-9. Long-term care ombudsman volunteer training and certification.

§16-5L-10. Investigation of complaints.

§16-5L-11. Access to long-term care facilities.

§16-5L-12. Access to records.

§16-5L-13. Subpoena powers.

§16-5L-14. Cooperation among government departments or agencies.

§16-5L-15. Confidentiality of investigations.

§16-5L-16. Limitations on liability.

§16-5L-17. Availability of legal counsel.

§16-5L-18. Willful interference; retaliation; penalties.

§16-5L-19. Facility posting of long-term care ombudsman program information.

§16-5L-20. Funding for long-term care ombudsman programs.

§16-5L-21. Promulgation of rules.

§16-5L-22. Severability.

CHAPTER 16, ARTICLE 5M. OSTEOPOROSIS PREVENTION EDUCATION ACT.

§16-5M-1. Short title.

§16-5M-2. Responsibilities of bureau of public health.

§16-5M-3. Interagency council on osteoporosis.

CHAPTER 16, ARTICLE 5N. RESIDENTIAL CARE COMMUNITIES.

§16-5N-1. Purpose.

§16-5N-2. Definitions.

§16-5N-3. Powers, duties, and rights of director.

§16-5N-4. Administrative and inspection staff.

§16-5N-5. Rules; minimum standards for residential care communities.

§16-5N-6. License required; application; fees; duration; renewal.

§16-5N-7. Cost disclosure; residents' funds; nursing care; fire code.

§16-5N-8. Investigation of complaints.

§16-5N-9. Inspections.

§16-5N-10. Reports of inspections; plans of correction; assessment of penalties, fees and costs; use of funds derived therefrom; hearings.

§16-5N-11. License limitation, suspension, and revocation; ban on admissions; continuation of disciplinary proceedings; closure, transfer of residents, appointment of temporary management; assessment of interest; collection of assessments; hearing.

§16-5N-12. Administrative appeals from civil penalty assessment, license limitation, suspension, or revocation.

§16-5N-13. Judicial review.

§16-5N-14. Legal counsel and services for the director.

§16-5N-15. Unlawful acts; penalties; injunctions; private right of action.

§16-5N-16. Availability of reports and records.

CHAPTER 16, ARTICLE 5O. MEDICATION ADMINISTRATION BY UNLICENSED PERSONNEL.

§16-5O-1. Short title.

§16-5O-2. Definitions.

§16-5O-3. Administration of medications; performance of health maintenance tasks; maintenance of liability insurance in facilities.

§16-5O-4. Exemption from licensure; statutory construction.

§16-5O-5. Instruction and training.

§16-5O-6. Availability of records; eligibility requirements of facility staff.

§16-5O-7. Oversight of medication administration and performance of health maintenance tasks by the approved medication assistive personnel.

§16-5O-8. Withdrawal of authorization.

§16-5O-9. Fees.

§16-5O-10. Limitations on medication administration or performance of health maintenance tasks.

§16-5O-11. Rules.

§16-5O-12. Advisory Committee.

CHAPTER 16, ARTICLE 5P. SENIOR SERVICES.

§16-5P-1. Purpose of article.

§16-5P-2. Short title.

§16-5P-3. Definitions.

§16-5P-4. Appointment of commissioner; term of office; reporting; qualifications; oath.

§16-5P-5. Compensation; traveling expenses.

§16-5P-6. Powers and duties generally.

§16-5P-7. Creation and composition of the West Virginia council on aging; terms of citizen representative; vacancies; officers; meetings.

§16-5P-8. Expenses of citizen representatives.

§16-5P-9. Programs and services for the aging.

§16-5P-10. Community care services.

§16-5P-11. Prevention of crimes against the elderly.

§16-5P-12. Designated state agency for handling federal programs.

§16-5P-13. Records and files, existing programs and contracts; rules.

§16-5P-14. Reports.

§16-5P-15. Establishment of In-home Care Registry.

CHAPTER 16, ARTICLE 5Q. THE JAMES "TIGER" MORTON CATASTROPHIC ILLNESS FUND.

§16-5Q-1. Creation of the James "Tiger" Morton catastrophic illness fund.

§16-5Q-2. Catastrophic illness commission; composition; meetings.

§16-5Q-3. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§16-5Q-4. Assignment of rights; right of subrogation by the James "Tiger" Morton Catastrophic Illness Commission to the rights of recipients of medical assistance; rules as to effect of subrogation.

CHAPTER 16, ARTICLE 5R. THE ALZHEIMER'S SPECIAL CARE STANDARDS ACT.

§16-5R-1. Name of act.

§16-5R-2. Findings and declarations.

§16-5R-3. Definition of Alzheimer’s special care unit/program.

§16-5R-4. Alzheimer's special care disclosure required.

§16-5R-5. Standards for care; rules.

§16-5R-6. Alzheimer's and dementia care training; rules.

§16-5R-7. Establishment of a central registry.

§16-5R-8. State Alzheimer’s Plan Task Force.

CHAPTER 16, ARTICLE 5S. OLDER WEST VIRGINIANS ACT.

§16-5S-1. Short title.

§16-5S-2. Purpose and objectives.

§16-5S-3. Definitions.

§16-5S-4. Powers and duties of the commissioner.

§16-5S-5. Powers and duties of the Bureau of Senior Services.

§16-5S-6. Area agencies on aging.

§16-5S-7. Local service providers.

§16-5S-8. Supportive services.

§16-5S-9. Nutrition services.

§16-5S-9a. Shared table initiative for senior citizens.

§16-5S-10. Other services.

§16-5S-11. Programs and special activities for older West Virginians.

CHAPTER 16, ARTICLE 5T. OFFICE OF DRUG CONTROL POLICY.

§16-5T-1. Short title.

§16-5T-2. Office of Drug Control Policy.

§16-5T-3. Reporting system requirements; implementation; central repository requirement.

§16-5T-4. Entities required to report; required information; Continuation of data dashboard.

§16-5T-5. Promulgation of rules.

§16-5T-6. Community Overdose Response Demonstration Pilot Project.

§16-5T-7. Enforcement.

CHAPTER 16, ARTICLE 5U. ARTHRITIS PREVENTION EDUCATION ACT.

§16-5U-1. Short title.

§16-5U-2. Responsibilities of Bureau for Public Health.

§16-5U-3. Interagency council on arthritis.

CHAPTER 16, ARTICLE 5V. EMERGENCY MEDICAL SERVICES RETIREMENT SYSTEM ACT.

§16-5V-1. Title.

§16-5V-2. Definitions.

§16-5V-3. Meaning of terms.

§16-5V-4. Creation and administration of West Virginia Emergency Medical Services Retirement System; specification of actuarial assumptions.

§16-5V-5. Article to be liberally construed; supplements federal Social Security; federal qualification requirements.

§16-5V-6. Members.

§16-5V-6a. County Firefighter Members.

§16-5V-6b. Transfer of county firefighter member assets from Public Employees Retirement System.

§16-5V-6c. 911 personnel.

§16-5V-6d. Transfer of 911 personnel assets from Public Employees Retirement System.

§16-5V-7. Creation of Fund; investments; actuarial valuations.

§16-5V-8. Members' contributions; employer contributions.

§16-5V-8a. Correction of errors; underpayments; overpayments.

§16-5V-9. Transfer from Public Employees Retirement System.

§16-5V-10. Notice requirements; test case.

§16-5V-11. Retirement; commencement of benefits.

§16-5V-12. Federal law maximum benefit limitations.

§16-5V-13. Federal law minimum required distributions.

§16-5V-14. Direct rollovers.

§16-5V-14a. Rollovers and transfers to purchase service credit or repay withdrawn contributions.

§16-5V-15. Retirement credited service through member's use, as option, of accrued annual or sick leave days.

§16-5V-16. Retirement benefits.

§16-5V-17. Annuity options.

§16-5V-18. Refunds to certain members upon discharge or resignation; deferred retirement; preretirement death; forfeitures.

§16-5V-19. Awards and benefits for disability -- Duty related.

§16-5V-20. Awards and benefits for disability -- Due to other causes.

§16-5V-21. Same -- Physical examinations; termination of disability.

§16-5V-22. Repealed. Acts, 2012 Reg. Sess., Ch. 32.

§16-5V-23. Awards and benefits to surviving spouse – When member dies in performance of duty, etc.

§16-5V-24. Awards and benefits to surviving spouse – When member dies from nonservice-connected causes.

§16-5V-25. Additional death benefits and scholarships -- Dependent children.

§16-5V-26. Burial benefit.

§16-5V-27. Double death benefits prohibited.

§16-5V-28. Right to benefits not subject to execution, etc.;assignments prohibited; deductions for group insurance; setoffs for fraud; exception for certain domestic relations orders; benefits exempt from taxes.

§16-5V-29. Fraud; penalties; and repayment.

§16-5V-30. Credit toward retirement for member's prior military service; credit toward retirement when member has joined Armed Forces in time of armed conflict; qualified military service.

§16-5V-31. How a county commission, political subdivision, or county 911 public safety answering point becomes a participating public employer.

§16-5V-32. Effective date; report to Joint Committee on Government and Finance; special starting date for benefits.

§16-5V-33. Limitation of county liability.

§16-5V-34. Benefits not forfeited if system terminates.

§16-5V-35. Return to covered employment by retirant.

§16-5V-36. Severability.

CHAPTER 16, ARTICLE 5W. REGULATION OF BEHAVIORAL HEALTH.

§16-5W-1. Reporting.

§16-5W-2. Independent Mental Health Ombudsman.

§16-5W-3. Intellectual and Developmental Disabilities Waiver Program workforce study.

§16-5W-4. Annual capitation rate review.

§16-5W-5. Repealed. Acts, 2015 Reg. Sess., Ch. 188.

§16-5W-6. Repealed. Acts, 2015 Reg. Sess., Ch. 188.

§16-5W-7. Repealed. Acts, 2015 Reg. Sess., Ch. 188.

§16-5W-8. Repealed. Acts, 2015 Reg. Sess., Ch. 188.

CHAPTER 16, ARTICLE 5X. CAREGIVER ADVISE, RECORD AND ENABLE ACT.

§16-5X-1. Definitions.

§16-5X-2. Caregiver designation.

§16-5X-3. Notification.

§16-5X-4. Discharge.

§16-5X-5. Exceptions and immunity.

§16-5X-6. Funding.

CHAPTER 16, ARTICLE 5Y. MEDICATION-ASSISTED TREATMENT PROGRAM LICENSING ACT.

§16-5Y-1. Purpose.

§16-5Y-2. Definitions.

§16-5Y-3. Opioid treatment programs to obtain license; application; fees and inspections.

§16-5Y-4. Office-based, medication-assisted treatment programs to obtain registration; application; fees and inspections.

§16-5Y-5. Operational requirements.

§16-5Y-6. Restrictions; variances and waivers.

§16-5Y-7. Inspection; inspection warrant.

§16-5Y-8. License and registration limitation; denial; suspension; revocation.

§16-5Y-9. Violations; penalties; injunction.

§16-5Y-10. Advertisement disclosure.

§16-5Y-11. State Opioid Treatment Authority.

§16-5Y-12. Moratorium; certificate of need.

§16-5Y-13. Rules; minimum standards for medication-assisted treatment programs.

CHAPTER 16, ARTICLE 5Z. COALITION FOR DIABETES MANAGEMENT.

§16-5Z-1. Creation of the Coalition for Diabetes Management.

§16-5Z-2. Members of the Coalition for Diabetes Management.

§16-5Z-3. Powers and duties of the coalition.

§16-5Z-4. Cooperation with the coalition.

§16-5Z-5. Sunset.

CHAPTER 16, ARTICLE 5AA. MEDICATION ADMINISTRATION BY UNLICENSED PERSONNEL IN NURSING HOMES.

§16-5AA-1. Definitions.

§16-5AA-2. Administration of medications.

§16-5AA-3. Exemption from licensure; statutory construction.

§16-5AA-4. Instruction and training.

§16-5AA-5. Eligibility requirements of nursing home staff.

§16-5AA-6. Oversight of approved medication assistive personnel.

§16-5AA-7. Withdrawal of authorization.

§16-5AA-8. Fees.

§16-5AA-9. Limitations on medication administration.

§16-5AA-10. Permissive participation.

CHAPTER 16, ARTICLE 5BB. SCREENING PROTOCOLS FOR ADVERSE CHILDHOOD EXPERIENCES.

§16-5BB-1. Development of Screening Protocols for Adverse Childhood Experiences.

CHAPTER 16, ARTICLE 5CC. WEST VIRGINIA ADVISORY COUNCIL ON RARE DISEASES.

§16-5CC-1. Establishment and composition of the West Virginia Council on Rare Diseases.

§16-5CC-2. Definitions.

§16-5CC-3. Duties of the advisory council.

§16-5CC-4. Powers of the advisory council.

§16-5CC-5. Duties and powers of the secretary.

§16-5CC-6. Rare Disease Advisory Council Fund.

CHAPTER 16, ARTICLE 5DD. COLLECTION OF DATA RELATING TO PARKINSON'S DISEASE.

§16-5DD-1. Establishing collection guidelines for Parkinson’s disease data.

CHAPTER 16, ARTICLE 6. HOTELS AND RESTAURANTS.

§16-6-1. Repealed. Acts, 1977 Reg. Sess., Ch. 102.

§16-6-2. Regulations by state board of health; enforcement of orders and laws respecting pure food.

§16-6-3. Hotel and restaurant defined; hotels and restaurants not subject to provisions of article.

§16-6-4. Application for inspection of hotel or restaurant; temporary permit; certificate of inspection; fee.

§16-6-5. Form and content of application for inspection; payment of fee.

§16-6-6. Contents of certificate and permit; posting.

§16-6-7. Certificate or permit prerequisite to license.

§16-6-8. Annual inspection of hotels and restaurants; powers and duties of director of health.

§16-6-9. Alterations and changes by owner; penalty for refusal or failure to make.

§16-6-10. Notices by director of health.

§16-6-11. Lighting; plumbing; ventilation.

§16-6-12. Water closets.

§16-6-13. Privies.

§16-6-14. Washrooms; towels.

§16-6-15. Beds and floor coverings.

§16-6-16. Bedbugs.

§16-6-17. Employment of person having communicable disease.

§16-6-18. Disinfection of rooms and beds; penalty.

§16-6-19. Hallways; fire escapes.

§16-6-20. Knotted rope or other fire escape in rooms; exception.

§16-6-21. Fire extinguishers.

§16-6-22. Liability of hotel or restaurant keeper for loss of property; deposit of valuables.

§16-6-22a. Sulfite use warning.

§16-6-22b. Hotels and restaurants to secure covers of grease traps.

§16-6-23. Offenses.

§16-6-24. Prosecution.

§16-6-25 Repealed Acts, 1988 Reg. Sess., Ch. 66.

CHAPTER 16, ARTICLE 7. PURE FOOD AND DRUGS.

§16-7-1. Manufacture or sale of adulterated food or drugs prohibited; definition of terms.

§16-7-2. What constitutes adulteration.

§16-7-3. Inspection and analysis of foods and drugs; certificate of result as prima facie evidence in prosecution.

§16-7-4. Penalty for adulterating food or drugs, or for manufacturing or selling adulterated food or drugs.

§16-7-5. Regulations by state Bureau for Public Health as to milk and milk products.

§16-7-5a Repealed Acts, 2019 Reg. Sess., Ch. 9.

§16-7-6. Killing young calves for purpose of sale.

§16-7-7. Selling, etc., of meat or shellfish containing preservatives; penalties.

§16-7-8. Resale of certain food, drug, and medical devices prohibited; definitions; source documentation required; confiscation of food, drugs or medical devices; penalty and exceptions; rules.

§16-7-9. Enforcement; disposition of penalties.

§16-7-10. Adulterated articles to be forfeited and destroyed.

§16-7-11. Effect of repeal on pending actions.

CHAPTER 16, ARTICLE 8. ELECTROLOGISTS.

§16-8-1. Definitions.

§16-8-2. Regulations by state board of health; and minimum requirements.

CHAPTER 16, ARTICLE 8A. NARCOTIC DRUGS.

§16-8A-1. Repealed. Acts, 1971 Reg. Sess., Ch. 54.

CHAPTER 16, ARTICLE 8B. DANGEROUS DRUGS ACT.

§16-8B-2. Repealed. Acts, 1971 Reg. Sess., Ch. 54.

CHAPTER 16, ARTICLE 9. OFFENSES GENERALLY.

§16-9-1. Repealed. Acts, 1996 Reg. Sess., Ch. 89.

§16-9-2. Throwing or releasing dead animals or offensive substances into waters used for domestic purposes; penalties; jurisdiction; failure to bury or destroy offensive substances after conviction; successive offenses.

§16-9-3. Depositing dead animals or offensive substances in or near waters or on or near roads or on public or private grounds; penalties; failure to bury or destroy offensive substances after conviction; successive offenses.

§16-9-4. Repealed. Acts, 1987 Reg. Sess., Ch. 119

§16-9-5. Repealed. Acts, 1987 Reg. Sess., Ch. 119

§16-9-6. Repealed. Acts, 1987 Reg. Sess., Ch. 119.

§16-9-7. Repealed. Acts, 1987 Reg. Sess., Ch. 119

§16-9-8. Jurisdiction of courts.

CHAPTER 16, ARTICLE 9A. TOBACCO USAGE RESTRICTIONS.

§16-9A-1. Legislative findings and intent.

§16-9A-2. Definitions.

§16-9A-3. Sale or gift of tobacco products to persons younger than 21 years of age; penalties for first and subsequent offenses; provision of non-criminal, non-monetary penalties; consideration of prohibited act as grounds for dismissal.

§16-9A-4. Use of tobacco products, in certain areas of certain public schools prohibited; penalty.

§16-9A-5. Outdoor billboard advertisements for smokeless tobacco products, nuisance affecting public health.

§16-9A-6. Repealed. Acts, 1993 1st Ex. Sess., Ch. 9.

§16-9A-7. Enforcement of youth smoking laws and youth nicotine restrictions; inspection of retail outlets where tobacco products are sold; use of minors in inspections; annual reports; penalties; defenses.

§16-9A-8. Selling of tobacco products in vending machines prohibited except in certain places.

§16-9A-9. Selling of bidis prohibited; penalties.

§16-9A-10. The sale of cigarettes in a container other than its original factory-wrapped packaging prohibited; sale of individual cigarettes prohibited; and warnings required.

§16-9A-11. Smoking prohibited in motor vehicle while a person 16 years of age or less is present; penalty.

CHAPTER 16, ARTICLE 9B. IMPLEMENTING TOBACCO MASTER SETTLEMENT AGREEMENT.

§16-9B-1. Findings and purpose.

§16-9B-2. Definitions.

§16-9B-3. Requirements.

§16-9B-4. Special severability rule; implementation date.

CHAPTER 16, ARTICLE 9C. STATE TOBACCO GROWERS' SETTLEMENT BOARD.

§16-9C-1. Findings and purpose.

§16-9C-2. Definitions.

§16-9C-3. Creation of board.

§16-9C-4. Duties and responsibilities of the state tobacco grower board.

CHAPTER 16, ARTICLE 9D. ENFORCEMENT OF STATUTES IMPLEMENTING TOBACCO MASTER SETTLEMENT AGREEMENT.

§16-9D-1. Findings and purpose.

§16-9D-2. Definitions.

§16-9D-3. Certifications; directory; tax stamps.

§16-9D-4. Certification of tobacco product manufacturer wanting to sell product in this state for the first time.

§16-9D-4a. Listing of nonparticipating manufacturers in the West Virginia Tobacco Directory; bonding requirement for nonparticipating manufacturers newly qualified or posing an elevated risk for noncompliance.

§16-9D-5. Agent for service of process.

§16-9D-6. Reporting of information; escrow installments.

§16-9D-7. Electronic filing of quarterly reports.

§16-9D-8. Penalties and other remedies.

§16-9D-9. Miscellaneous provisions.

§16-9D-10. Effective date; implementation.

CHAPTER 16, ARTICLE 9E. DELIVERY SALES OF TOBACCO PRODUCTS.

§16-9E-1. Definitions.

§16-9E-2. Requirements for delivery sales.

§16-9E-3. Age verification requirements.

§16-9E-4. Shipping and labeling requirements.

§16-9E-5. Registration and reporting requirements.

§16-9E-6. Collection of taxes.

§16-9E-7. Penalties.

§16-9E-8. Enforcement.

CHAPTER 16, ARTICLE 9F. COUNTERFEIT CIGARETTES.

§16-9F-1. Definition.

§16-9F-2. Prohibition of counterfeit cigarettes.

§16-9F-3. Penalties.

§16-9F-4. Enforcement.

CHAPTER 16, ARTICLE 9G. TOBACCO CESSATION INITIATIVE.

§16-9G-1. Tobacco Use Prevention and Cessation Task Force.

§16-9G-2. Division of Tobacco Prevention.

CHAPTER 16, ARTICLE 10. UNIFORM DETERMINATION OF DEATH ACT.

§16-10-1. Determination of death.

§16-10-2. Uniformity of construction and application.

§16-10-3. Civil and criminal immunity.

§16-10-4. Short title.

CHAPTER 16, ARTICLE 11. SEXUAL STERILIZATION.

§16-11-1. Male or female sterilization procedures.

§16-11-2. Immunity of persons performing operation.

CHAPTER 16, ARTICLE 12. SANITARY DISTRICTS FOR SEWAGE DISPOSAL.

§16-12-1. Incorporation as sanitary district for sewage disposal; petition, notice and hearing; election; form of ballot; expenses of election.

§16-12-2. Board of trustees.

§16-12-3. Employment of clerk and other officers; compensation; trustee or employee not to be interested in contract, etc., of sanitary district.

§16-12-4. Publication and effective date of ordinances imposing penalty or making appropriation; certificate of clerk as proof of ordinances, orders and resolutions; evidence of passage and legal publication.

§16-12-5. Sewage treatment plant and necessary appurtenances; board not to operate waterworks system for municipality.

§16-12-6. Penalty for failure to provide sewers and sewage treatment plant; duties of the Division of Environmental Protection and the bureau of public health; prosecution.

§16-12-7. Collections for maintenance and operating costs of works for industrial sewage; how costs determined.

§16-12-8. Acquisition and disposition of property.

§16-12-9. Borrowing money; procedure for issuance of revenue or tax obligation bonds; debt limitation.

§16-12-10. Provision for service charges or direct annual tax to pay interest and principal of indebtedness.

§16-12-10a. Ultimate liability for tax or service charge.

§16-12-11. Letting contracts; manner and cost of building additions or extensions; contracts to respond to emergency situations.

§16-12-12. When territory outside of district may use system.

§16-12-13. How additional contiguous territory may be added to sanitary district.

§16-12-14. Disconnection of territory from sanitary district.

CHAPTER 16, ARTICLE 13. SEWAGE WORKS AND STORMWATER WORKS.

§16-13-1. Acquisition, operation, etc., of works; acquisition of property; issuance of bonds.

§16-13-2. Sanitary board to supervise and control construction, etc., of works; appointment of board; definitions.

§16-13-3. Powers of sanitary board; contracts; employees; compensation thereof; extensions and improvements; replacement of damaged public works.

§16-13-4. Payment of preliminary expenses of surveys, etc.

§16-13-5. Ordinance necessary before acquisition or construction of works.

§16-13-6. Publication and hearing upon ordinance.

§16-13-7. Acquisition by condemnation or purchase.

§16-13-8. Cost of works.

§16-13-9. Contracts and obligations incurred to be paid for solely by revenue bonds.

§16-13-10. Interest on and redemption of bonds; form; statement on face of bond; negotiability; exemption from taxation; registration; execution; sale; disposition of surplus proceeds; additional and temporary bonds.

§16-13-11. Additional bonds to extend or improve works.

§16-13-12. Additional bonds for extension, etc., of works to have equal priority with original bonds.

§16-13-13. Application of revenue from bonds; lien.

§16-13-14. Securing bonds by trust indenture.

§16-13-15. Sinking fund; transfer of balance of net revenues.

§16-13-16. Rates for service; deposit required for new customers; forfeiture of deposit; reconnecting deposit; tenant's deposit; change or readjustment; hearing; appeals board.

§16-13-16a. Discontinuance of services; lien and recovery.

§16-13-17. Government units subject to established rates.

§16-13-18. Supervision of works by sanitary board; organization of board; qualifications, terms and compensation of members.

§16-13-18a. Publication of financial statement.

§16-13-19. Contract with other municipalities for service of works; powers of lessee as to rates; intercepting sewers.

§16-13-20. Discharge of lien on property acquired.

§16-13-21. Action on certificates or attached coupons; receivers.

§16-13-22. Powers conferred in addition to existing powers; jurisdiction outside corporate limits.

§16-13-22a. Grants, loans and advances.

§16-13-22b. Contracts for abatement of pollution.

§16-13-22c. Refunding bonds.

§16-13-22d. Subordination of bonds.

§16-13-22e. Operating contract.

§16-13-22f. Exemption of bonds from taxation.

§16-13-22g. Covenants with bondholders.

§16-13-23. Article deemed full authority for construction, etc., of works and issue of bonds; alternative method; powers of state department of health unaffected.

§16-13-23a. Additional powers of municipality to cease pollution.

§16-13-24. Article to be construed liberally.

CHAPTER 16, ARTICLE 13A. PUBLIC SERVICE DISTRICTS.

§16-13A-1. Legislative findings.

§16-13A-1a. Jurisdiction of the Public Service Commission.

§16-13A-1b. County commissions to develop plan to create, consolidate, merge, expand or dissolve public service districts.

§16-13A-1c. General purpose of districts.

§16-13A-2. Creation of districts by county commission; enlarging, reducing, merging, or dissolving district; consolidation; agreements, etc.; infringing upon powers of county commission; filing list of members and districts with the Secretary of State.

§16-13A-3. District to be a public corporation and political subdivision; powers thereof; public service boards.

§16-13A-3a. Removal of members of public service board.

§16-13A-4. Board chairman; members' compensation; procedure; district name.

§16-13A-5. General manager of board.

§16-13A-6. Employees of board.

§16-13A-7. Acquisition and operation of district properties; bidding requirements; contracts to respond to emergency situations.

§16-13A-8. Acquisition and purchase of public service properties; right of eminent domain; extraterritorial powers.

§16-13A-9. Rules; service rates and charges; discontinuance of service; required water and sewer connections; lien for delinquent fees.

§16-13A-9a. Limitations with respect to foreclosure.

§16-13A-9b. Exemptions for Swimming Pools.

§16-13A-10. Budget.

§16-13A-11. Accounts; audit.

§16-13A-12. Disbursement of district funds.

§16-13A-13. Revenue bonds.

§16-13A-14. Items included in cost of properties.

§16-13A-15. Bonds may be secured by trust indenture.

§16-13A-16. Sinking fund for revenue bonds.

§16-13A-17. Collection, etc., of revenues and enforcement of covenants; default; suit, etc., by bondholder or trustee to compel performance of duties; appointment and powers of receiver.

§16-13A-18. Operating contracts.

§16-13A-18a. . Sale, lease or rental of water, sewer, stormwater or gas system by district; distribution of proceeds.

§16-13A-19. Statutory mortgage lien created; foreclosure thereof.

§16-13A-20. Refunding revenue bonds.

§16-13A-21. Complete authority of article; liberal construction; district to be public instrumentality; tax exemption.

§16-13A-22. Validation of prior acts and proceedings of county courts for creation of districts, inclusion of additional territory, and appointment of members of district boards.

§16-13A-23. Validation of acts and proceedings of public service boards.

§16-13A-24. Acceptance of loans, grants or temporary advances.

§16-13A-25. Borrowing and bond issuance; procedure.

CHAPTER 16, ARTICLE 13B. COMMUNITY IMPROVEMENT ACT.

§16-13B-1. Short title.

§16-13B-2. Definitions.

§16-13B-3. Power and authority of counties and municipalities relating to flood relief, wastewater and water projects.

§16-13B-4. Determination of need and feasibility of creating an assessment district.

§16-13B-5. Notice to property owners before creation of assessment district and construction of project; form of notice; affidavit of publication.

§16-13B-6. Petition of property owners for creation of assessment district.

§16-13B-7. Receipt of petition of property owners; ordinance or order authorizing creation of assessment district and construction of project.

§16-13B-8. Assessment district to be a public corporation and political subdivision; powers thereof; community improvement boards.

§16-13B-9. Provisions for construction of a project.

§16-13B-10. Notice to property owners of assessments; hearings, correcting and laying assessments; report on project completion; permits.

§16-13B-11. Construction of projects; assessments; corner lots, etc.

§16-13B-12. Apportionment and assessment of cost.

§16-13B-13. Assessment against property of public, charitable, eleemosynary, educational or religious institutions; duty of those in charge to cause assessments to be paid.

§16-13B-14. Method of paying for cost of project; how assessments may be evidenced.

§16-13B-15. Assessment certificates; assignments; designation of registrar for assessment certificates.

§16-13B-16. No liability of state, county, municipality and assessment district.

§16-13B-17. Payment of assessment fees; releases.

§16-13B-18. Liens; recording notice of liens; suit for enforcement; priority.

§16-13B-19. Reassessment for void, irregular or omitted assessments.

§16-13B-20. How additional territory may be added to assessment district.

§16-13B-21. Operation and maintenance of wastewater and water projects; rates and charges therefor.

§16-13B-22. Liberal construction.

CHAPTER 16, ARTICLE 13C. DRINKING WATER TREATMENT REVOLVING FUND ACT.

§16-13C-1. Definitions.

§16-13C-2. Designation of division of health as state instrumentality; rules; small systems; disadvantaged communities.

§16-13C-3. Drinking water treatment revolving fund; duties of division of health and water development authority; set-aside accounts.

§16-13C-4. Management of funds.

§16-13C-5. Remedies to enforce payment.

§16-13C-6. Construction of article.

CHAPTER 16, ARTICLE 13D. REGIONAL WATER AND WASTEWATER AND STORMWATER AUTHORITY ACT.

§16-13D-1. Statement of purpose.

§16-13D-2. Definitions.

§16-13D-3. Individual or joint exercise of powers by certain public agencies; agreements among agencies, contents; submission to Public Service Commission; filing of agreement; prohibition against competition; retirement of bonds.

§16-13D-4. Furnishing of funds, personnel or services by certain public agencies, agreements for purchase, sale, distribution, transmission, transportation, collection, disposal, and treatment of water, wastewater, or stormwater; terms and conditions; bidding requirements; emergency repairs.

§16-13D-5. Declaration of authority organization, when quasi-governmental public corporation.

§16-13D-6. Governing body; appointments; terms of members, voting rights.

§16-13D-7. Meetings of governing body; annual audit.

§16-13D-8. Powers of governing body.

§16-13D-9. Revenue bonds.

§16-13D-10. Items included in cost of properties.

§16-13D-11. Bonds may be secured by trust indenture.

§16-13D-12. Sinking fund for revenue bonds.

§16-13D-13. Collection, etc., of revenues and enforcement of covenants; default; suit, etc., by bondholder or trustee to compel performance of duties; appointment and powers of receiver.

§16-13D-14. Statutory mortgage lien created; foreclosure thereof.

§16-13D-15. Rates and charges.

§16-13D-16. Refunding revenue bonds.

§16-13D-17. Exemption of bonds from taxation.

§16-13D-18. Bonds made legal investments.

§16-13D-19. Invalidity of part.

§16-13D-20. Article to be liberally construed.

§16-13D-21. Citation of article.

§16-13D-22. Acquisition by condemnation.

CHAPTER 16, ARTICLE 13E. COMMUNITY ENHANCEMENT ACT.

§16-13E-1. Short title.

§16-13E-2. Definitions.

§16-13E-3. Power and authority of counties and municipalities to create and establish community enhancement districts.

§16-13E-4. Petition for creation or expansion of community enhancement district; petition requirements.

§16-13E-5. Notice to property owners before creation or expansion of community enhancement district and construction or acquisition of project; form of notice; affidavit of publication.

§16-13E-6. Creation of community enhancement district; community enhancement district to be a public corporation and political subdivision; powers thereof; community enhancement boards.

§16-13E-7. Provisions for construction of a project.

§16-13E-8. Notice to property owners of assessments; correcting and laying assessments; report on project completion; credits.

§16-13E-9. Exemption of public property from assessments.

§16-13E-10. Assessment bonds; sinking fund for assessment bonds; tax exemption.

§16-13E-10a. Extension of vesting period for land development plans and plats; approval of phases.

§16-13E-11. Indebtedness of assessment district.

§16-13E-12. Payment of assessments to sheriff; report to community enhancement district; collection of delinquent assessments.

§16-13E-13. Liens; recording notice of liens; priority; release of lien; notice to future property owners.

§16-13E-14. Liberal construction.

CHAPTER 16, ARTICLE 14. BARBERS AND COSMETOLOGISTS.

§16-14-1. Repealed. Acts, 2009 Reg. Sess., Ch. 175.

§16-14-2. Repealed. Acts, 2009 Reg. Sess., Ch. 175.

§16-14-3. Repealed. Acts, 2009 Reg. Sess., Ch. 175.

§16-14-4. Repealed. Acts, 1977 Reg. Sess., Ch. 102.

§16-14-5. Repealed. Acts, 1977 Reg. Sess., Ch. 102.

§16-14-6. Repealed. Acts, 1977 Reg. Sess., Ch. 102.

§16-14-7. Repealed. Acts, 1977 Reg. Sess., Ch. 102.

§16-14-8. Repealed. Acts, 1977 Reg. Sess., Ch. 102.

§16-14-9. Repealed. Acts, 1977 Reg. Sess., Ch. 102.

§16-14-10. Repealed. Acts, 1977 Reg. Sess., Ch. 102.

§16-14-11. Repealed. Acts, 1977 Reg. Sess., Ch. 102.

§16-14-12. Repealed. Acts, 1977 Reg. Sess., Ch. 102.

§16-14-13. Repealed. Acts, 1977 Reg. Sess., Ch. 102.

§16-14-14. Repealed. Acts, 1977 Reg. Sess., Ch. 102.

§16-14-15. Repealed. Acts, 1977 Reg. Sess., Ch. 102.

§16-14-16. Repealed. Acts, 1977 Reg. Sess., Ch. 102.

§16-14-17. Repealed. Acts, 1977 Reg. Sess., Ch. 102.

CHAPTER 16, ARTICLE 15. STATE HOUSING LAW.

§16-15-1. Definitions.

§16-15-1a. Repealed. Acts, 1998 Reg. Sess., Ch. 176.

§16-15-2. Legislative declaration of necessity for creation of housing authority corporations.

§16-15-3. City and county housing authorities created; when to transact business or exercise powers; determination of need for housing authority; resolution of governing body proof of establishment; appointment, term, expenses and removal of commissioners.

§16-15-3a. Regional housing authorities.

§16-15-3b. Consolidated housing authorities.

§16-15-4. Persons prohibited from acquiring interest in property or contracts; disclosure of prior interest.

§16-15-5. Organization, officers and employees of housing authority.

§16-15-6. Commissioner to receive no compensation; reimbursement for necessary expenditures.

§16-15-7. Authority a body corporate and politic; powers; investigations or examinations.

§16-15-7a. Power of authority to include certain stipulations in contracts.

§16-15-7b. Joint undertakings by authorities; areas of operation.

§16-15-8. Power to acquire lands, etc., by purchase or by right of eminent domain.

§16-15-9. Developments subject to ordinances, etc., of locality in which situated; restrictions on acquisition, etc., of property; securities need not be offered to sinking fund commission.

§16-15-10. Amount and nature of indebtedness; rights of creditors.

§16-15-11. Agreement with federal government providing for supervision and control of authority or development.

§16-15-12. Report to mayor or county governing body.

§16-15-13. Community and economic development fund.

§16-15-14. Tax and licensing exemptions.

§16-15-15. Security for funds of authority deposited in bank.

§16-15-16. Repealed. Acts, 1941 Reg. Sess., Ch. 49.

§16-15-17. Policy of state as to rentals.

§16-15-18. Duties of authority and limitation of powers.

§16-15-19. Power to issue bonds; how bonds secured.

§16-15-20. Bonds authorized by resolution; interest rate and life; forms; denominations; redemption; how payable; sale; signatures of commissioners or officers ceasing to be such before delivery; presumptions in suit, etc., involving validity.

§16-15-21. Powers of authority in connection with the issuance of bonds, incurring obligations under leases and securing payment of bonds.

§16-15-22. Actions by obligee of authority to enforce performance of contracts and to enjoin unlawful acts.

§16-15-23. Surrender of possession of development to obligee upon default by authority; appointment of receiver; accounting.

§16-15-24. Housing authorities empowered to provide housing for farmers of low and moderate income.

§16-15-25. Application for low-cost housing for farmers.

CHAPTER 16, ARTICLE 16. HOUSING COOPERATION LAW.

§16-16-1. Citation of article.

§16-16-2. Declaration of purpose and necessity.

§16-16-3. Definitions.

§16-16-4. Powers conferred upon state public bodies.

§16-16-5. City or county may lend or donate money to housing authority; reimbursement.

§16-16-6. How exercise of powers granted to state public body authorized.

§16-16-7. Additional and supplemental powers conferred.

CHAPTER 16, ARTICLE 17. NATIONAL DEFENSE HOUSING.

§16-17-1. Declaration of legislative purpose.

§16-17-2. Housing authorities authorized to develop and administer safe and sanitary housing for persons engaged in national defense activities.

§16-17-3. Cooperation of housing authority with federal government; sale of housing projects to government.

§16-17-4. Rights and powers of public bodies to cooperate with housing authorities or federal government.

§16-17-5. Bonds, notes, contracts, etc., of housing authorities validated.

§16-17-6. Article constitutes independent authorization; housing authority not subject to limitations and requirements of other laws.

§16-17-7. Definitions.

§16-17-8. Additional and supplemental powers conferred.

CHAPTER 16, ARTICLE 18. SLUM CLEARANCE.

§16-18-1. Short title.

§16-18-2. Findings and declaration of necessity.

§16-18-3. Definitions.

§16-18-4. Creation of urban renewal authority.

§16-18-5. Powers of an authority.

§16-18-6. Preparation and approval of redevelopment plans.

§16-18-6a. Municipal nonblighted property in slum or blight areas.

§16-18-7. Disposal of property in redevelopment project.

§16-18-8. Eminent domain.

§16-18-8a. Relocation of public utility lines or facilities to accommodate urban redevelopment or slum clearance projects.

§16-18-9. Acquisition and development of undeveloped vacant land.

§16-18-10. Bonds.

§16-18-11. Powers in connection with issuance of bonds or incurring obligations under leases.

§16-18-12. Rights of obligee.

§16-18-13. Bonds as legal investments.

§16-18-14. Conveyance to federal government on default.

§16-18-15. Property of authority exempt from taxes and from levy and sale by virtue of an execution.

§16-18-16. Cooperation by public bodies.

§16-18-17. Grant of funds by community.

§16-18-18. Cooperation between authorities.

§16-18-19. Report.

§16-18-20. Title of purchaser.

§16-18-21. Separability of provisions.

§16-18-22. Inconsistent provisions.

§16-18-23. Additional and supplemental powers conferred.

§16-18-24. Additional legislative findings.

§16-18-25. Urban renewal projects.

§16-18-26. Urban renewal plan.

§16-18-27. Powers with respect to urban renewal.

§16-18-28. Assistance to urban renewal project by communities and other public bodies.

§16-18-29. Authority of governing body to prepare workable program; article confers additional and supplemental powers.

§16-18-30. Acquisition of property.

CHAPTER 16, ARTICLE 19. ANATOMICAL GIFT ACT.

§16-19-1. Short title.

§16-19-2. Applicability.

§16-19-3. Definitions.

§16-19-4. Who may make anatomical gift before donor's death.

§16-19-5. Manner of making anatomical gift before donor"s death.

§16-19-6. Amending or revoking anatomical gift before donor's death.

§16-19-7. Refusal to make anatomical gift; effect of refusal.

§16-19-8. Preclusive effect of anatomical gift, amendment, or revocation.

§16-19-9. Who may make anatomical gift of decedent’s body or part.

§16-19-10. Manner of making, amending, or revoking anatomical gift of decedent's body or part.

§16-19-11. Persons who may receive anatomical gift; purpose of anatomical gift.

§16-19-12. Search and notification.

§16-19-13. Delivery of document of gift not required; right to examine.

§16-19-14. Rights and duties of procurement organization and others.

§16-19-15. Coordination of procurement and use.

§16-19-16. Prohibited acts; sale or purchase of parts prohibited.

§16-19-17. Immunity.

§16-19-18. Law governing validity; choice of law as to execution of document of gift; presumption of validity.

§16-19-19. Donor registry.

§16-19-20. Effect of anatomical gift on advance health-care directive.

§16-19-21. Cooperation between medical examiner and procurement organization.

§16-19-22. Facilitation of anatomical gift from decedent whose body is under jurisdiction of medical examiner.

§16-19-23. Relation to Electronic Signatures in Global and National Commerce Act.

CHAPTER 16, ARTICLE 20. AIR POLLUTION CONTROL.

§16-20-1. Repealed. Acts, 1994 Reg. Sess., Ch. 61.

CHAPTER 16, ARTICLE 21. BLOOD DONATIONS.

§16-21-1. Donations by seventeen year old minors without parental permission.

§16-21-2. Demetry Walker bone marrow and peripheral blood stem donation awareness program.

CHAPTER 16, ARTICLE 22. DETECTION AND CONTROL OF PHENYLKETONURIA, GALACTOSEMIA, HYPOTHYROIDISM, AND CERTAIN OTHER DISEASES IN NEWBORN CHILDREN.

§16-22-1. Findings.

§16-22-2. Program to combat intellectual disability or other severe health hazards; rules; facilities for making tests.

§16-22-3. Tests for diseases specified by the state Public Health Commissioner; reports; assistance to afflicted children; Public Health Commissioner to propose rules.

§16-22-4. Penalties for violating provisions of article.

§16-22-5. Severability.

§16-22-6. Effective date.

CHAPTER 16, ARTICLE 22A. TESTING OF NEWBORN INFANTS FOR HEARING IMPAIRMENTS.

§16-22A-1. Testing required.

§16-22A-2. Rule making authorized.

§16-22A-3. Fees for testing; payment of same.

§16-22A-4. Hearing impairment testing advisory committee established.

CHAPTER 16, ARTICLE 22B. BIRTH SCORE PROGRAM.

§16-22B-1. Legislative findings; intent; purpose.

§16-22B-2. Birth score program established.

§16-22B-3. Determination of birth score; referral to physician.

§16-22B-4. Rules.

CHAPTER 16, ARTICLE 23. TRANSFUSION OF BLOOD; TRANSPLANTING HUMAN ORGANS OR TISSUE.

§16-23-1. Procuring, etc., human blood, etc., organs or other human tissue declared not a sale; warranties inapplicable.

CHAPTER 16, ARTICLE 24. STATE HEMOPHILIA PROGRAM.

§16-24-1 Repealed Acts, 2017 Reg. Sess., Ch. 31.

§16-24-2 Repealed Acts, 2017 Reg. Sess., Ch. 31.

§16-24-3 Repealed Acts, 2017 Reg. Sess., Ch. 31.

§16-24-4 Repealed Acts, 2017 Reg. Sess., Ch. 31.

§16-24-5 Repealed Acts, 2017 Reg. Sess., Ch. 31.

§16-24-6 Repealed Acts, 2017 Reg. Sess., Ch. 31.

§16-24-7 Repealed Acts, 2017 Reg. Sess., Ch. 31.

§16-24-8. When payments for care and treatment of hemophiliacs may be made by director.

CHAPTER 16, ARTICLE 25. DETECTION OF TUBERCULOSIS, HIGH BLOOD PRESSURE AND DIABETES.

§16-25-1 Repealed Acts, 2017 Reg. Sess., Ch. 32.

§16-25-2 Repealed Acts, 2017 Reg. Sess., Ch. 32.

§16-25-3 Repealed Acts, 2017 Reg. Sess., Ch. 32.

§16-25-4 Repealed Acts, 2017 Reg. Sess., Ch. 32.

CHAPTER 16, ARTICLE 26. WEST VIRGINIA SOLID WASTE MANAGEMENT BOARD.

§16-26-1. Repealed. Acts, 1994 Reg. Sess., Ch. 61.

CHAPTER 16, ARTICLE 27. STORAGE AND DISPOSAL OF RADIOACTIVE WASTE MATERIALS.

§16-27-1. Definitions.

§16-27-2. Storage or disposal of radioactive waste material within the state prohibited; exceptions.

§16-27-3. Authority of director of health.

§16-27-4. Penalties.

CHAPTER 16, ARTICLE 27A. BAN ON CONSTRUCTION OF NUCLEAR POWER PLANTS.

§16-27A-1. Legislative findings and purposes.

§16-27A-2. Limited ban on construction of nuclear power plants; application to the Public Service Commission for construction or initiation.

CHAPTER 16, ARTICLE 27B. RADIATION CONTROL ACT.

§16-27B-1. Declaration of policy.

§16-27B-2. Declaration of purpose.

§16-27B-3. Definitions.

§16-27B-4. Exemption.

§16-27B-5. Department designated state radiation control agency; powers and duties.

§16-27B-6. Licensing of radioactive material.

§16-27B-7. Surety requirements.

§16-27B-8. Radiation Site Closure and Reclamation Fund.

§16-27B-9. Radiation Licensure and Inspection Fund.

§16-27B-10. Impounding sources of ionizing radiation.

§16-27B-11. Authority of Governor to enter into agreements with federal government; effect on federal license.

§16-27B-12. Authority of department to enter into agreements with federal government, other states or interstate agencies; training programs for personnel.

§16-27B-13. Effect upon local ordinances, etc.

§16-27B-14. Enforcement; civil penalties.

§16-27B-15. Felony created; criminal penalties; injunctions; civil penalties; charges for violations.

§16-27B-16. Administrative procedure and judicial review.

CHAPTER 16, ARTICLE 28. ASSISTANCE TO KOREAN AND VIETNAM VETERANS EXPOSED TO CERTAIN CHEMICAL DEFOLIANTS OR HERBICIDES OR OTHER CAUSATIVE AGENTS, INCLUDING AGENT ORANGE.

§16-28-1 Repealed Acts, 2017 Reg. Sess., Ch. 33.

§16-28-2 Repealed Acts, 2017 Reg. Sess., Ch. 33.

§16-28-3 Repealed Acts, 2017 Reg. Sess., Ch. 33.

§16-28-4 Repealed Acts, 2017 Reg. Sess., Ch. 33.

§16-28-5 Repealed Acts, 2017 Reg. Sess., Ch. 33.

§16-28-6 Repealed Acts, 2017 Reg. Sess., Ch. 33.

§16-28-7 Repealed Acts, 2017 Reg. Sess., Ch. 33.

§16-28-8 Repealed Acts, 2017 Reg. Sess., Ch.

§16-28-9 Repealed Acts, 2017 Reg. Sess., Ch. 33.

§16-28-10 Repealed Acts, 2017 Reg. Sess., Ch. 33.

CHAPTER 16, ARTICLE 29. HEALTH CARE RECORDS.

§16-29-1. Copies of health care records to be furnished to patients.

§16-29-2. Reasonable expenses to be reimbursed.

CHAPTER 16, ARTICLE 29A. WEST VIRGINIA HOSPITAL FINANCE AUTHORITY ACT.

§16-29A-1. Short title.

§16-29A-2. Declaration of policy and responsibility; purpose and intent of article; findings.

§16-29A-3. Definitions.

§16-29A-4. Creation of authority and board; status and members of board.

§16-29A-5. Powers of authority.

§16-29A-6. Hospital loans.

§16-29A-7. Bonds and notes.

§16-29A-8. Trustee for bondholders; contents of trust agreement.

§16-29A-9. Use of funds by authority; restrictions thereon.

§16-29A-10. Security for bonds and notes.

§16-29A-11. Enforcement of payment and validity of bonds and notes.

§16-29A-12. Pledges; time; liens; recordation.

§16-29A-13. Refunding bonds.

§16-29A-14. Purchase and cancellation of notes or bonds.

§16-29A-15. Vested rights; impairment.

§16-29A-16. Bonds and notes not debt of state, county, municipality or any political subdivision; expenses incurred pursuant to article.

§16-29A-17. Negotiability of bonds and notes.

§16-29A-18. Bonds and notes legal investments.

§16-29A-19. Exemption from taxation.

§16-29A-20. Certificate of need.

§16-29A-21. Nondiscrimination; hospital facilities.

§16-29A-22. Personal liability; persons executing bonds or notes.

§16-29A-23. Financial interest in contracts prohibited; penalty.

§16-29A-24. Meetings and records of authority to be kept public.

§16-29A-25. Cumulative authority as to powers conferred; applicability of other statutes and charters.

§16-29A-26. Liberal construction.

CHAPTER 16, ARTICLE 29B. HEALTH CARE AUTHORITY.

§16-29B-1. Legislative findings; purpose.

§16-29B-2. Effective Date.

§16-29B-3. Definitions.

§16-29B-4. Repealed. Acts, 1989 Reg. Sess., Ch. 87.

§16-29B-5. West Virginia Health Care Authority; composition of the board; qualifications; terms; oath; expenses of members; vacancies; appointment of chairman, and meetings of the board.

§16-29B-5a. Executive Director of the authority; powers and duties.

§16-29B-6 Repealed Acts, 2017 Reg. Sess., Ch. 185.

§16-29B-7 Repealed Acts, 2017 Reg. Sess., Ch. 185.

§16-29B-8. Powers generally; budget expenses of the authority.

§16-29B-9 Repealed Acts, 2017 Reg. Sess., Ch. 185.

§16-29B-10 Repealed Acts, 2017 Reg. Sess., Ch. 185.

§16-29B-11 Repealed Acts, 2017 Reg. Sess., Ch. 185.

§16-29B-12. Certificate of need hearings; administrative procedures act applicable; hearings examiner; subpoenas.

§16-29B-13. Review of final orders of board.

§16-29B-14. Injunction; mandamus.

§16-29B-15. Refusal to comply.

§16-29B-16. Repealed. Acts, 1997 Reg. Sess., Ch. 102.

§16-29B-17 Repealed Acts, 2017 Reg. Sess., Ch. 185.

§16-29B-18 Repealed Acts, 2017 Reg. Sess., Ch. 185.

§16-29B-19 Repealed. Acts, 2016 Reg. Sess., Ch. 202

§16-29B-19a Repealed. Acts, 2016 Reg. Sess., Ch. 202

§16-29B-20 Repealed. Acts, 2016 Reg. Sess., Ch. 202

§16-29B-20a Repealed. Acts, 2016 Reg. Sess., Ch. 202

§16-29B-21 Repealed. Acts, 2016 Reg. Sess., Ch. 202

§16-29B-21a Repealed. Acts, 2016 Reg. Sess., Ch. 202

§16-29B-22 Repealed Acts, 2017 Reg. Sess., Ch. 185.

§16-29B-23 Repealed Acts, 2017 Reg. Sess., Ch. 185.

§16-29B-24. Reports required to be filed; and legislative rulemaking regarding uniform bill database.

§16-29B-25. Data repository.

§16-29B-26. Exemptions from state antitrust laws.

§16-29B-27 Repealed Acts, 2017 Reg. Sess., Ch 185.

§16-29B-28. Review of Cooperative agreements.

§16-29B-29 Repealed Acts, 2017 Reg. Sess., Ch. 185.

§16-29B-30. Applicability; transition plan.

§16-29B-31. Hospice need standard review; membership; report to the Legislative Oversight Committee on Health and Human Resources.

CHAPTER 16, ARTICLE 29C. INDIGENT CARE.

§16-29C-1. Repealed. Acts, 1997 Reg. Sess., Ch. 61.

CHAPTER 16, ARTICLE 29D. STATE HEALTH CARE.

§16-29D-1. Legislative findings; legislative purpose.

§16-29D-2. Definitions.

§16-29D-3. Agencies to cooperate and to provide plan; contents of plan; reports to Legislature; late payments by state agencies and interest thereon.

§16-29D-4. Prohibition on balance billing; exceptions.

§16-29D-5. Coordination of benefits.

§16-29D-6. Exemption from and application of antitrust laws.

§16-29D-7. Rules.

§16-29D-8. Civil penalties; removal as provider.

§16-29D-9. Severability; supersedes other provisions.

CHAPTER 16, ARTICLE 29E. LEGISLATIVE OVERSIGHT COMMISSION ON HEALTH AND HUMAN RESOURCES ACCOUNTABILITY.

§16-29E-1. Findings and purpose.

§16-29E-2. Legislative intent.

§16-29E-3. Definitions.

§16-29E-4. Creation of a Legislative Oversight commission on health and human resources accountability.

§16-29E-5. Powers and duties of commission.

§16-29E-6. Examination and subpoena powers; contempt proceedings.

§16-29E-7. Legislative reports.

CHAPTER 16, ARTICLE 29F. UNINSURED AND UNDERINSURED PILOT PROGRAMS.

§16-29F-1. Uninsured and underinsured health coverage assistance; pilot program.

CHAPTER 16, ARTICLE 29G. WEST VIRGINIA HEALTH INFORMATION NETWORK.

§16-29G-1. Purpose.

§16-29G-1a. Transfer of West Virginia Health Information Network.

§16-29G-2. Creation of West Virginia Health Information Network board of directors; powers of the board of directors.

§16-29G-3. Powers and duties.

§16-29G-4. Creation of the West Virginia Health Information Network account; authorization of Health Care Authority to expend funds to support the network.

§16-29G-5. Immunity from suit; limitation of liability.

§16-29G-6. Property rights.

§16-29G-7. Legislative rule-making authority; resolution of disputes.

§16-29G-8. Privacy; protection of information.

CHAPTER 16, ARTICLE 29H. INTERAGENCY HEALTH COUNCIL.

§16-29H-1. Repealed. Acts, 2015 Reg. Sess., Ch. 54.

§16-29H-2. Repealed. Acts, 2015 Reg. Sess., Ch. 54.

§16-29H-3. Repealed. Acts, 2015 Reg. Sess., Ch. 54.

§16-29H-4. Repealed. Acts, 2015 Reg. Sess., Ch. 54.

§16-29H-5. Repealed. Acts, 2015 Reg. Sess., Ch. 54.

§16-29H-6. Repealed. Acts, 2015 Reg. Sess., Ch. 54.

§16-29H-7. Repealed. Acts, 2015 Reg. Sess., Ch. 54.

§16-29H-8. Repealed. Acts, 2015 Reg. Sess., Ch. 54.

§16-29H-9. Repealed. Acts, 2015 Reg. Sess., Ch. 54.

§16-29H-10. Repealed. Acts, 2015 Reg. Sess., Ch. 54.

CHAPTER 16, ARTICLE 29I. WEST VIRGINIA HEALTH CARE AUTHORITY REVOLVING LOAN AND GRANT FUND.

§16-29I-1 Repealed Acts, 2017 Reg. Sess., Ch. 185.

§16-29I-2 Repealed Acts, 2017 Reg. Sess., Ch. 185.

§16-29I-3 Repealed Acts, 2017 Reg. Sess., Ch. 185.

§16-29I-4 Repealed Acts, 2017 Reg. Sess., Ch. 185.

§16-29I-5 Repealed Acts, 2017 Reg. Sess., Ch. 185.

§16-29I-6 Repealed Acts, 2017 Reg. Sess., Ch. 185.

§16-29I-7 Repealed Acts, 2017 Reg. Sess., Ch. 185.

§16-29I-8 Repealed Acts, 2017 Reg. Sess., Ch. 185.

§16-29I-9 Repealed Acts, 2017 Reg. Sess., Ch. 185.

§16-29I-10 Repealed Acts, 2017 Reg. Sess., Ch. 185.

CHAPTER 16, ARTICLE 30. WEST VIRGINIA HEALTH CARE DECISIONS ACT.

§16-30-1. Short title.

§16-30-2. Legislative findings and purpose.

§16-30-3. Definitions.

§16-30-4. Executing a living will, medical power of attorney, or combined medical power of attorney and living will.

§16-30-5. Applicability and resolving actual conflict between advance directives.

§16-30-6. Private decision-making process; authority of living will, medical power of attorney representative and surrogate.

§16-30-7. Determination of incapacity.

§16-30-8. Selection of a surrogate.

§16-30-9. Medical power of attorney representative and health care surrogate decision-making standards.

§16-30-10. Reliance on authority of living will; physician orders for scope of treatment form, medical power of attorney representative or surrogate decisionmaker; and protection of health care providers.

§16-30-11. Negligence.

§16-30-12. Conscience objections.

§16-30-13. Interinstitutional transfers.

§16-30-14. Insurance.

§16-30-15. Withholding of life support not assisted suicide or murder.

§16-30-16. Preservation of existing rights and relation to existing law; no presumption.

§16-30-17. No abrogation of common law doctrine of medical necessity.

§16-30-18. Revocation.

§16-30-19. Physician’s duty to confirm, communicate, and document terminal condition; medical record identification.

§16-30-20. Living wills previously executed.

§16-30-21. Reciprocity.

§16-30-22. Liability for failure to act in accordance with the directives of a living will or medical power of attorney or the directions of a medical power of attorney representative or health care surrogate.

§16-30-23. Prohibition.

§16-30-24. Need for a second opinion regarding incapacity for persons with psychiatric mental illness, intellectual disability or addiction.

§16-30-25. Portable orders for scope of treatment form.

CHAPTER 16, ARTICLE 30A. MEDICAL POWER OF ATTORNEY.

§16-30A-1. Repealed. Acts, 2000 Reg. Sess., Ch. 132.

CHAPTER 16, ARTICLE 30B. HEALTH CARE SURROGATE ACT.

§16-30B-1. Repealed. Acts, 2000 Reg. Sess., Ch. 132.

CHAPTER 16, ARTICLE 30C. DO NOT RESUSCITATE ACT.

§16-30C-1. Short title.

§16-30C-2. Legislative findings and purposes.

§16-30C-3. Definitions.

§16-30C-4. Applicability.

§16-30C-5. Presumed consent to cardiopulmonary resuscitation; health care facilities not required to expand to provide cardiopulmonary resuscitation.

§16-30C-6. Issuance of a do-not-resuscitate order; order to be written by a physician, a physician’s assistant, or an advanced practice registered nurse.

§16-30C-7. Compliance with a do-not-resuscitate order.

§16-30C-8. Revocation of do not resuscitate order.

§16-30C-9. Protection of persons carrying out in good faith do not resuscitate order; notification of representative or surrogate decision-maker by physician refusing to comply with do not resuscitate order.

§16-30C-10. Insurance.

§16-30C-11. Interinstitutional transfers.

§16-30C-12. Preservation of existing rights.

§16-30C-13. Do-not-resuscitate order form; do-not-resuscitate identification; public education.

§16-30C-14. Not suicide or murder.

§16-30C-15. Full faith and credit.

§16-30C-16. Severability.

CHAPTER 16, ARTICLE 31. COMMUNITY RIGHT TO KNOW.

§16-31-1. Repealed. Acts, 1989 Reg. Sess., Ch. 171.

CHAPTER 16, ARTICLE 32. ASBESTOS ABATEMENT.

§16-32-1. Legislative findings.

§16-32-2. Definitions.

§16-32-3. Powers and duties of the director of health.

§16-32-4. Asbestos management planner's license required.

§16-32-5. Asbestos abatement project designer's license required.

§16-32-6. Asbestos contractor's license required.

§16-32-7. Asbestos abatement supervisor's license required.

§16-32-8. Asbestos inspector's license required.

§16-32-9. Asbestos worker's license required.

§16-32-9a. Asbestos analytical laboratory license required.

§16-32-9b. Asbestos clearance air monitor license required.

§16-32-9c. Resilient floor covering worker license required.

§16-32-10. Special revenue account.

§16-32-11. Notification; waivers; exemptions.

§16-32-12. Approval of asbestos abatement courses.

§16-32-13. Reciprocity.

§16-32-14. Prohibiting employer discrimination; notice to employees.

§16-32-15. Reprimands; suspension or revocation of license; violations; orders; hearings.

§16-32-16. Penalties.

CHAPTER 16, ARTICLE 33. BREAST AND CERVICAL CANCER PREVENTION AND CONTROL ACT.

§16-33-1. Short title.

§16-33-2. Definitions.

§16-33-3. Establishment of breast and cervical cancer detection and education program.

§16-33-4. Grants to approved organizations.

§16-33-5. Breast and cervical cancer detection and education program coalition.

§16-33-6. Annual report.

§16-33-7. Establishment of breast and cervical cancer diagnostic and treatment fund.

§16-33-8. Responsibilities of advisory committee; establishment of covered services, limitation of services and procedures; authorization for payment; promulgation of rules; annual reports.

§16-33-9. Financial eligibility.

§16-33-10. Medical eligibility.

§16-33-11. Application forms and process.

§16-33-12. Reimbursement process.

CHAPTER 16, ARTICLE 34. LICENSURE OF RADON MITIGATORS, TESTERS, CONTRACTORS AND LABORATORIES.

§16-34-1. Legislative finding.

§16-34-2. Definitions.

§16-34-3. License required and exemptions.

§16-34-4. Special licensure requirements.

§16-34-5. Powers and duties of the director.

§16-34-6. Rules.

§16-34-7. Complaints.

§16-34-8. Licensed tester, mitigator and contractor list.

§16-34-9. Record keeping and confidentiality.

§16-34-10. Special revenue account.

§16-34-11. Reciprocity.

§16-34-12. Records review.

§16-34-13. Reprimands; suspension or revocation of license; orders; hearings.

§16-34-14. Penalties.

CHAPTER 16, ARTICLE 35. LEAD ABATEMENT.

§16-35-1. Short title.

§16-35-2. Legislative findings.

§16-35-3. Definitions.

§16-35-4. Powers and duties of the director.

§16-35-4a. Duty of director to establish program for early identification of lead poisoning in children.

§16-35-5. Lead discipline license required.

§16-35-6. Lead abatement contractor's duties.

§16-35-7. Exemptions from notification and licensure.

§16-35-8. Notification of elevated blood-lead levels required.

§16-35-9. Notification of lead abatement projects required.

§16-35-10. Accreditation of lead abatement training courses.

§16-35-11. Suspension or revocation of license; violations; hearings.

§16-35-12. Special revenue account.

§16-35-13. Penalties and fines.

CHAPTER 16, ARTICLE 36. NEEDLESTICK INJURY PREVENTION.

§16-36-1. Definitions.

§16-36-2. Needlestick injury prevention rules.

§16-36-3. Needlestick injury prevention advisory committee.

§16-36-4. Exception.

CHAPTER 16, ARTICLE 37. BODY PIERCING STUDIO BUSINESS.

§16-37-1. Short title.

§16-37-2. Definitions.

§16-37-3. Registration requirements; inspections by local boards of health; posting of permit; power of local board of health to order studio to close.

§16-37-4. Rules to be proposed by the Department of Health.

§16-37-5. Violations and penalties.

CHAPTER 16, ARTICLE 38. TATTOO STUDIO BUSINESS.

§16-38-1. Definitions.

§16-38-2. Studio sanitation.

§16-38-3. Operation standards.

§16-38-4. Facilities and equipment.

§16-38-5. Disposal of waste.

§16-38-6. Registration requirements; inspections by local or regional boards of health; permit fees.

§16-38-7. Violations and penalties.

CHAPTER 16, ARTICLE 39. PATIENT SAFETY ACT.

§16-39-1. Short title.

§16-39-2. Legislative findings and purpose.

§16-39-3. Definitions.

§16-39-4. Prohibition against discrimination or retaliation.

§16-39-5. Confidentiality of complaints to government agencies.

§16-39-6. Enforcement.

§16-39-7. Notice.

§16-39-8. Visitation of a patient in a health care facility.

CHAPTER 16, ARTICLE 40. STATEWIDE BIRTH DEFECTS INFORMATION SYSTEM.

§16-40-1. Definitions.

§16-40-2. Expansion and implementation of statewide birth defects information system.

§16-40-3. Purposes of system.

§16-40-4. Confidentiality of information.

§16-40-5. Parent or legal guardian may require removal of information concerning child from system.

§16-40-6. Advisory council.

§16-40-7. Rules.

§16-40-8. Reports by commissioner.

CHAPTER 16, ARTICLE 41. ORAL HEALTH IMPROVEMENT ACT.

§16-41-1. Short title.

§16-41-2. Oral health program and director.

§16-41-3. Duties and directives of oral health program.

§16-41-4. Receipt of funds; special revenue account.

§16-41-5. Contracts.

§16-41-6. Reporting requirements.

§16-41-7. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 16, ARTICLE 42. CORE BEHAVIORAL HEALTH CRISIS SERVICES SYSTEM.

§16-42-1. Definitions.

§16-42-2. Designation of crisis hotline centers.

§16-42-3. Reimbursement of treatment for crisis receiving and stabilization services.

§16-42-4. Duties and powers of the secretary.

§16-42-5. Time frame for implementation.

§16-42-6. Rulemaking.

§16-42-7. Annual report.

CHAPTER 16, ARTICLE 43. ENGINE COOLANT AND ANTIFREEZE.

§16-43-1. Definitions.

§16-43-2. Engine coolant and antifreeze; bittering agent required; penalty; exceptions.

CHAPTER 16, ARTICLE 44. THE PULSE OXIMETRY NEWBORN TESTING ACT.

§16-44-1. Legislative findings.

§16-44-2. Pulse oximetry screening required; definition; rules.

CHAPTER 16, ARTICLE 45. TANNING FACILITIES.

§16-45-1. Definitions.

§16-45-2. Exception for health care providers.

§16-45-3. Operation standards.

§16-45-4. Local health department authority to inspect.

§16-45-5. Violations and penalties.

CHAPTER 16, ARTICLE 46. ACCESS TO OPIOID ANTAGONISTS ACT.

§16-46-1. Purpose and findings.

§16-46-2. Definitions.

§16-46-3. Licensed health care providers may prescribe opioid antagonists to initial responders and certain individuals; required educational materials; limited liability.

§16-46-3a. Pharmacist or pharmacy intern may dispense, pursuant to a protocol, opioid antagonists without a prescription; patient counseling required; required educational materials.

§16-46-4. Possession and administration of an opioid antagonist by initial responders; limited liability.

§16-46-5. Licensed health care providers limited liability related to opioid antagonist prescriptions.

§16-46-6. Data collection and reporting requirements; training.

§16-46-7. Statewide standing orders for opioid antagonist.

CHAPTER 16, ARTICLE 47. ALCOHOL AND DRUG OVERDOSE PREVENTION AND CLEMENCY ACT.

§16-47-1. Short title.

§16-47-2. Legislative findings.

§16-47-3. Definitions.

§16-47-4. Limited immunity from prosecution.

§16-47-5. Immunity, alternative sentencing and clemency options for a person for whom emergency medical assistance was sought.

§16-47-6. Limited law-enforcement personnel immunity.

CHAPTER 16, ARTICLE 48. WEST VIRGINIA ABLE ACT.

§16-48-1. Short Title.

§16-48-2. Purpose.

§16-48-3. Definitions.

§16-48-4. Implementation and administration of program; Treasurer’s powers and responsibilities.

§16-48-5. Use of financial organizations as program depositories and managers.

§16-48-6. Establishment of ABLE savings account by designated beneficiary or person or entity with signature authority.

§16-48-7. Limitation on Liability.

§16-48-8. Establishment of savings program trust fund and savings expense fund in State Treasury.

CHAPTER 16, ARTICLE 49. WEST VIRGINIA CLEARANCE FOR ACCESS: REGISTRY AND EMPLOYMENT SCREENING ACT.

§16-49-1. Definitions.

§16-49-2. Background check program for the department, covered providers, and covered contractors.

§16-49-3. Prescreening and criminal background checks.

§16-49-4. Notice of ineligibility; prohibited participation as direct access personnel or department employee.

§16-49-5. Variance; appeals.

§16-49-6. Provisional employment pending completion of background check.

§16-49-7. Clearance for subsequent employment.

§16-49-8. Fees.

§16-49-9. Rules; penalties; confidentiality; immunity.

CHAPTER 16, ARTICLE 50. EPINEPHRINE AUTO-INJECTOR AVAILABILITY AND USE.

§16-50-1. Definitions.

§16-50-2. Authority.

§16-50-3. Educational training programs.

§16-50-4. Prescriptive authority for epinephrine auto-injectors; emergency administration.

§16-50-5. Not practice of medicine; limits on liability.

CHAPTER 16, ARTICLE 51. RIGHT TO TRY ACT.

§16-51-1. Short title.

§16-51-2. Legislative findings.

§16-51-3. Definitions.

§16-51-4. Drug manufacturers; availability of investigational drugs, biological products or devices; costs; insurance coverage.

§16-51-5. Action against health care provider's license or Medicare certification prohibited.

§16-51-6. Access to investigational drugs, biological products and devices.

§16-51-7. No cause of action created.

§16-51-8. Effect on health care coverage.

CHAPTER 16, ARTICLE 52. COALITION FOR RESPONSIBLE PAIN MANAGEMENT.

§16-52-1. Findings and purpose.

§16-52-2. Creation of the Coalition for Responsible Chronic Pain Management.

§16-52-3. Members of the Coalition for Responsible Chronic Pain Management.

§16-52-4. Powers and duties of the Coalition for Responsible Chronic Pain Management.

§16-52-5. Sunset.

CHAPTER 16, ARTICLE 53. ESTABLISHING ADDITIONAL SUBSTANCE ABUSE TREATMENT FACILITIES.

§16-53-1. Establishment of substance use disorder treatment and recovery services.

§16-53-2. Establishing the Ryan Brown Addiction Prevention and Recovery Fund.

§16-53-3. Rulemaking.

CHAPTER 16, ARTICLE 54. OPIOID REDUCTION ACT.

§16-54-1. Definitions.

§16-54-2. Voluntary nonopioid advanced directive form.

§16-54-3. Opioid prescription notifications.

§16-54-4. Opioid prescription limitations.

§16-54-5. Subsequent prescriptions; limitations.

§16-54-6. Ongoing treatment; referral to pain clinic or pain specialist.

§16-54-7. Exceptions.

§16-54-8. Treatment of pain.

§16-54-9. Discipline.

CHAPTER 16, ARTICLE 55. STATE ADVISORY COALITION ON PALLIATIVE CARE.

§16-55-1. Purpose.

§16-55-2. Definitions.

§16-55-3. Creation of the State Advisory Coalition on Palliative Care.

§16-55-4. Members of the Advisory Coalition on Palliative Care.

§16-55-5. Powers and duties.

§16-55-6. Cooperation with the coalition.

§16-55-7. Sunset.

CHAPTER 16, ARTICLE 56. TOBACCO CESSATION THERAPY ACCESS ACT.

§16-56-1. Definitions.

§16-56-2. Voluntary participation.

§16-56-3. Authorization to dispense.

§16-56-4. Standing prescription drug orders for tobacco cessation therapy.

§16-56-5. Pharmacist education and training required.

§16-56-6. Guidelines for dispensing a tobacco cessation therapy.

CHAPTER 16, ARTICLE 57. SUDDEN CARDIAC ARREST PREVENTION ACT.

§16-57-1. Purpose.

§16-57-2. Definitions.

§16-57-3. Applicability, educational materials, removal from play, and training.

§16-57-4. Rulemaking.

CHAPTER 16, ARTICLE 58. FAMILY PLANNING ACCESS ACT.

§16-58-1. Definitions.

§16-58-2. Voluntary participation.

§16-58-3. Authorization to dispense self-administered hormonal contraceptives.

§16-58-4. Standing prescription drug orders for a self-administered hormonal contraceptive.

§16-58-5. Pharmacist education and training required.

§16-58-6. Guidelines for dispensing a self-administered hormonal contraceptive.

CHAPTER 16, ARTICLE 59. CERTIFICATION OF RECOVERY RESIDENCES.

§16-59-1. Definitions.

§16-59-2. Voluntary certification of recovery residences.

§16-59-3. Referrals to recovery residences; prohibitions; receipt of state funds.

§16-59-4. Registration of recovery residences.

CHAPTER 16, ARTICLE 60. RECOGNITION OF EMERGENCY MEDICAL SERVICES PERSONNEL LICENSURE INTERSTATE COMPACT.

§16-60-1. Recognition of Emergency Medical Services Personnel Licensure Interstate Compact; purpose.

§16-60-2. Definitions.

§16-60-3. Home state licensure.

§16-60-4. Compact privilege to practice.

§16-60-5. Conditions of practice in a remote state.

§16-60-6. Relationship to Emergency Management Assistance Compact.

§16-60-7. Veterans, service members separating from active duty military, and their spouses.

§16-60-8. Adverse actions.

§16-60-9. Additional powers vested in a member state’s EMS authority.

§16-60-10. Establishment of the Interstate Commission for EMS Personnel Practice.

§16-60-11. Coordinated database.

§16-60-12. Rulemaking.

§16-60-13. Oversight, dispute resolution, and enforcement.

§16-60-14. Date of implementation of the Interstate Commission for EMS Personnel Practice and associated rules; withdrawal; amendment.

§16-60-15. Construction and severability.

CHAPTER 16, ARTICLE 61. PALLIATIVE CARE.

§16-61-1. Purpose and findings.

§16-61-2. Definitions.

§16-61-3. Development of educational materials and database.

CHAPTER 16, ARTICLE 62. THE PATIENT BROKERING ACT.

§16-62-1. Definitions.

§16-62-2. Patient brokering prohibited.

§16-62-3. Exceptions.

CHAPTER 16, ARTICLE 63. STATEWIDE UNIFORMITY FOR AUXILIARY CONTAINER REGULATIONS.

§16-63-1. Definitions.

§16-63-2. Local ordinance requirements.

§16-63-3. Ordinances permitted.

CHAPTER 16, ARTICLE 64. SYRINGE SERVICES PROGRAMS.

§16-64-1. Definitions.

§16-64-2. Application for license to offer a syringe services program.

§16-64-3. Program requirements.

§16-64-4. Procedure for revocation or limitation of the syringe services programs.

§16-64-5. Administrative due process

§16-64-6. Administrative appeals and judicial review.

§16-64-7. Reporting requirements; renewal; rulemaking.

§16-64-8. Immunity.

§16-64-9. Civil penalties and injunctive relief.

§16-64-10. Coordination of care.

CHAPTER 16, ARTICLE 65. NONDISCRIMINATION RELATING TO ACCESS TO ORGAN TRANSPLANTATION.

§16-65-1. Legislative intent.

§16-65-2. Definitions.

§16-65-3. Discrimination prohibited.

§16-65-4. Enforcement.

CHAPTER 16, ARTICLE 66. SUPPORT FOR MOTHERS AND BABIES ACT.

§16-66-1. Definitions.

§16-66-2. Establishing the West Virginia Mothers and Babies Pregnancy Support Program.

§16-66-3. Management agency.

CHAPTER 16A. MEDICAL CANNABIS ACT.

CHAPTER 16A, ARTICLE 1. SHORT TITLE.

§16A-1-1. Short title.

CHAPTER 16A, ARTICLE 2. DEFINITIONS.

§16A-2-1. Definitions.

CHAPTER 16A, ARTICLE 3. MEDICAL CANNABIS PROGRAM.

§16A-3-1. Establishment of program.

§16A-3-2. Lawful use of medical cannabis.

§16A-3-3. Unlawful use of medical cannabis.

§16A-3-4. Confidentiality.

§16A-3-5. Reciprocity for terminally ill cancer patients.

CHAPTER 16A, ARTICLE 4. PRACTITIONERS.

§16A-4-1. Registration.

§16A-4-2. Practitioner restrictions.

§16A-4-3. Issuance of certification.

§16A-4-4. Certification form.

§16A-4-5. Duration.

CHAPTER 16A, ARTICLE 5. PATIENTS.

§16A-5-1. Identification cards.

§16A-5-2. Caregivers.

§16A-5-3. Notice.

§16A-5-4. Verification.

§16A-5-5. Special conditions.

§16A-5-6. Minors.

§16A-5-7. Caregiver authorization and limitations.

§16A-5-8. Contents of identification card.

§16A-5-9. Suspension.

§16A-5-10. Prohibitions.

CHAPTER 16A, ARTICLE 6. MEDICAL CANNABIS ORGANIZATIONS.

§16A-6-1. Authorized medical cannabis organizations.

§16A-6-2. Permits.

§16A-6-3. Granting of permit

§16A-6-4. Notice.

§16A-6-5. Application and issuance.

§16A-6-6. Fees and other requirements.

§16A-6-7. Issuance.

§16A-6-8. Relocation.

§16A-6-9. Terms of permit.

§16A-6-10. Permit renewals.

§16A-6-11. Suspension or revocation.

§16A-6-12. Convictions prohibited.

§16A-6-13. Limitations on permits.

CHAPTER 16A, ARTICLE 7. MEDICAL CANNABIS CONTROLS.

§16A-7-1. Electronic tracking.

§16A-7-2. Grower/processors.

§16A-7-3. Storage and transportation.

§16A-7-4. Laboratory.

§16A-7-5. Prices.

§16A-7-6. County prohibition.

CHAPTER 16A, ARTICLE 8. DISPENSARIES.

§16A-8-1. Dispensing to patients and caregivers.

§16A-8-2. Facility requirements.

§16A-8-3. Posting.

CHAPTER 16A, ARTICLE 9. TAX ON MEDICAL CANNABIS.

§16A-9-1. Tax on medical cannabis.

§16A-9-2. Medical Cannabis Program Fund.

§16A-9-3. Tax on medical cannabis crimes and penalties.

§16A-9-4. Procedure and administration of the tax on medical cannabis.

CHAPTER 16A, ARTICLE 10. ADMINISTRATION.

§16A-10-1. Administration.

§16A-10-2. Reports by medical cannabis organizations.

§16A-10-3. Law-enforcement notification.

§16A-10-4. Evaluation.

§16A-10-5. Report.

§16A-10-6. Emergency rules.

CHAPTER 16A, ARTICLE 11. MEDICAL CANNABIS ADVISORY BOARD.

§16A-11-1. Advisory board.

§16A-11-2. Rules based on recommendations of advisory board.

CHAPTER 16A, ARTICLE 12. OFFENSES RELATED TO MEDICAL CANNABIS.

§16A-12-1. Criminal diversion of medical cannabis by practitioners.

§16A-12-2. Criminal diversion of medical cannabis.

§16A-12-3. Criminal retention of medical cannabis.

§16A-12-4. Criminal diversion of medical cannabis by patient or caregiver.

§16A-12-5. Falsification of identification cards.

§16A-12-6. Adulteration of medical cannabis.

§16A-12-7. Disclosure of information prohibited.

§16A-12-8. Additional penalties.

§16A-12-9. Other restrictions.

CHAPTER 16A, ARTICLE 13. RESEARCH PROGRAM.

§16A-13-1. Definitions.

§16A-13-2. Establishment of medical cannabis research program.

§16A-13-3. Medical cannabis research program administration.

§16A-13-4. Approval.

§16A-13-5. Requirements.

§16A-13-6. Restrictions.

§16A-13-7. Rules.

§16A-13-8. Nonentitlement.

CHAPTER 16A, ARTICLE 14. ACADEMIC CLINICAL RESEARCH CENTERS.

§16A-14-1. Definitions.

§16A-14-2. Clinical registrants.

§16A-14-3. Research study.

CHAPTER 16A, ARTICLE 15. MISCELLANEOUS PROVISIONS.

§16A-15-1. Conflict.

§16A-15-2. Financial and employment interests.

§16A-15-3. Insurers.

§16A-15-4. Protections for patients and caregivers.

§16A-15-5. Schools.

§16A-15-6. Daycare centers.

§16A-15-7. Zoning.

§16A-15-8. Notice to bureau.

§16A-15-9. Applicability.

§16A-15-10. State employee actions and federal law.

CHAPTER 16A, ARTICLE 16. EFFECTIVE DATE.

§16A-16-1. Effective date.

CHAPTER 16B. INSPECTOR GENERAL.

CHAPTER 16B, ARTICLE 1. OFFICE OF THE INSPECTOR GENERAL, LEGISLATIVE FINDINGS.

§16B-1-1. Legislative Findings.

CHAPTER 16B, ARTICLE 2. OFFICE OF THE INSPECTOR GENERAL, DUTIES, AND POWERS.

§16B-2-1. Office of the Inspector General continued; appointment and qualifications of Director of Office of Health Facility Licensure and Certification and the Director of Investigations and Fraud Management Units.

§16B-2-2. Board of Review- judicial review of decisions of contested cases.

§16B-2-3. Board of Review; subpoena powers.

§16B-2-4. Authority of Investigations and Fraud Management Division to subpoena witnesses and documents.

CHAPTER 16B, ARTICLE 3. HOSPITALS AND SIMILAR INSTITUTIONS.

§16B-3-1. Health facilities and certain other facilities operated in connection therewith to obtain license; exemptions; meaning of hospital, etc.

§16B-3-2. Hospitals and institutions to obtain license; qualifications of applicant.

§16B-3-3. Application for license.

§16B-3-4. License fees.

§16B-3-5. Inspection.

§16B-3-5a. Accreditation reports accepted for periodic license inspection.

§16B-3-6. Office of Health Facility Licensure and Certification to issue licenses; suspension or revocation.

§16B-3-7. Judicial review.

§16B-3-8. Inspector General to establish standards; director enforces.

§16B-3-9. Hospitals and similar institutions required to supply patients, upon request, with one specifically itemized statement of charges assessed to patient, at no cost to patient.

§16B-3-10. Information not to be disclosed; exception.

§16B-3-11. Violations; penalties.

§16B-3-12. Injunction; severability.

§16B-3-13. Hospital-based paternity program.

§16B-3-14. Rural Emergency Hospital Act.

§16B-3-15. Hospital visitation.

§16B-3-16. Public notice regarding the closure of a licensed health care facility or hospital.

§16B-3-17. Healthcare-associated infection reporting.

§16B-3-18. Designation of comprehensive, primary, acute, and thrombectomy capable stroke-ready hospitals; reporting requirements; rulemaking.

§16B-3-19. Hospital police departments; appointment of hospital police officers; qualifications; authority; compensation and removal; law-enforcement grants; limitations on liability.

§16B-3-20. Patient safety and transparency.

§16B-3-21. Smoke evacuation system required for certain surgical procedures.

CHAPTER 16B, ARTICLE 4. NURSING HOMES.

§16B-4-1. Purpose.

§16B-4-2. Definitions.

§16B-4-3. Powers, duties, and rights of Inspector General.

§16B-4-4. Administrative and inspection staff.

§16B-4-5. Rules; minimum standards for nursing homes.

§16B-4-6. License required; application; fees; duration; renewal.

§16B-4-7. Cost disclosure; surety for resident funds.

§16B-4-8. Investigation of complaints.

§16B-4-9. Inspections.

§16B-4-9a. Exemptions.

§16B-4-10. Reports of inspections; plans of correction; assessment of penalties and use of funds derived therefrom; hearings.

§16B-4-11. Ban on admissions; closure; transfer of residents; appointment of temporary management; assessment of interest; collection of assessments; promulgation of rules to conform with federal requirements.

§16B-4-12. License denial, limitation, suspension, or revocation.

§16B-4-12a. Independent informal dispute resolution.

§16B-4-13. Judicial review.

§16B-4-14. Legal counsel and services of the Inspector General.

§16B-4-15. Unlawful acts; penalties; injunctions; private right of action.

§16B-4-16. Separate accounts for residents’ personal funds; consent for use; records; penalties.

§16B-4-17. Federal law; legislative rules.

§16B-4-18. Hospice palliative care required to be offered.

§16B-4-19. Employment restrictions.

§16B-4-20. Jury trial waiver to be a separate document.

CHAPTER 16B, ARTICLE 5. ASSISTED LIVING RESIDENCES.

§16B-5-1. Purpose.

§16B-5-2. Definitions.

§16B-5-3. Powers, duties, and rights of Inspector General.

§16B-5-4. Administrative and inspection staff.

§16B-5-5. Rules; minimum standards for assisted living residences.

§16B-5-6. License required; application; fees; duration; renewal.

§16B-5-7. Cost disclosure; surety for residents' funds.

§16B-5-8. Investigation of complaints.

§16B-5-9. Inspections.

§16B-5-10. Reports of inspections; plans of correction; assessment of penalties and use of funds derived therefrom; hearings.

§16B-5-11. Enforcement actions; assessment of interest; collection of assessments; hearings.

§16B-5-12. License denial; limitation, suspension, or revocation.

§16B-5-13. Judicial review.

§16B-5-14. Legal counsel and services for the Inspector General.

§16B-5-15. Unlawful acts; penalties; injunctions; private right of action.

§16B-5-15. Unlawful acts; penalties; injunctions; private right of action.

CHAPTER 16B, ARTICLE 6. REGISTRATION AND INSPECTION OF SERVICE PROVIDERS IN LEGALLY UNLICENSED HEALTH CARE HOMES.

§16B-6-1. Purpose.

§16B-6-1a. Powers, rights, and duties of the Inspector General.

§16B-6-2. Definitions.

§16B-6-3. Registration of service providers required; form of registration; information to be provided.

§16B-6-3a. Exemption for the United States Department of Veterans Affairs Medical Foster Homes; reporting.

§16B-6-4. Public availability of registry.

§16B-6-5. Inspections; right of entry.

§16B-6-6. Enforcement; criminal penalties.

CHAPTER 16B, ARTICLE 7. CHRONIC PAIN CLINIC LICENSING ACT.

§16B-7-1. Purpose and short title.

§16B-7-2. Definitions.

§16B-7-3. Pain management clinics to obtain license; application; fees and inspections.

§16B-7-4. Operational requirements.

§16B-7-5. Exemptions.

§16B-7-6. Inspection.

§16B-7-7. Suspension; revocation.

§16B-7-8. Violations; penalties; injunction.

§16B-7-9. Rules.

§16B-7-10. Advertisement disclosure.

CHAPTER 16B, ARTICLE 8. HOSPICE LICENSURE ACT.

§16B-8-1. Purpose and short title.

§16B-8-2. Definitions.

§16B-8-3. Hospices to obtain license; application; fees and inspections.

§16B-8-4. Suspension; revocation.

§16B-8-5. Inspector General to establish rules.

§16B-8-6. Violations; penalties; injunction.

CHAPTER 16B, ARTICLE 9. RESIDENTIAL CARE COMMUNITIES.

§16B-9-1. Purpose.

§16B-9-2. Definitions.

§16B-9-3. Powers, duties, and rights of Inspector General.

§16B-9-4. Administrative and inspection staff.

§16B-9-5. Rules; minimum standards for residential care communities.

§16B-9-6. License required; application; fees; duration; renewal.

§16B-9-7. Cost disclosure; residents' funds; nursing care; fire code.

§16B-9-8. Investigation of complaints.

§16B-9-9. Inspections.

§16B-9-10. Reports of inspections; plans of correction; assessment of penalties, fees, and costs; use of funds derived therefrom; hearings.

§16B-9-11. License limitation, suspension, and revocation; ban on admissions; continuation of disciplinary proceedings; closure, transfer of residents, appointment of temporary management; assessment of interest; collection of assessments; hearing.

16B-9-12. Administrative appeals from civil penalty assessment, license limitation, suspension, or revocation.

§16B-9-13. Judicial review.

§16B-9-14. Legal counsel and services for the Inspector General.

§16B-9-15. Unlawful acts; penalties; injunctions; private right of action.

§16B-9-16. Availability of reports and records.

CHAPTER 16B, ARTICLE 10. MEDICATION ADMINISTRATION BY UNLICENSED PERSONNEL.

§16B-10-1. Short title.

§16B-10-2. Definitions.

§16B-10-3. Administration of medications; performance of health maintenance tasks; maintenance of liability insurance in facilities.

§16B-10-4. Exemption from licensure; statutory construction.

§16B-10-5. Instruction and training.

§16B-10-6. Availability of records; eligibility requirements of facility staff.

§16B-10-7. Oversight of medication administration and performance of health maintenance tasks by the approved medication assistive personnel.

§16B-10-8. Withdrawal of authorization.

§16B-10-9. Fees.

§16B-10-10. Limitations on medication administration or performance of health maintenance tasks.

§16B-10-11. Rules.

§16B-10-12. Advisory Committee.

CHAPTER 16B, ARTICLE 11. THE ALZHEIMER'S SPECIAL CARE STANDARDS ACT.

§16B-11-1. Name of act.

§16B-11-2. Findings and declarations.

§16B-11-3. Definition of Alzheimer’s special care unit/program.

§16B-11-4. Alzheimer's special care disclosure required.

§16B-11-5. Standards for care; rules.

§16B-11-6. Alzheimer's and dementia care training; rules.

§16B-11-7. Establishment of a central registry.

CHAPTER 16B, ARTICLE 12. REGULATION OF BEHAVIORAL HEALTH.

§16B-12-1. Reporting.

§16B-12-2. Independent Mental Health Ombudsman.

§16B-12-3. Annual capitation rate review.

CHAPTER 16B, ARTICLE 13. MEDICATION-ASSISTED TREATMENT PROGRAM LICENSING ACT.

§16B-13-1. Purpose.

§16B-13-2. Definitions.

§16B-13-3. Opioid treatment programs to obtain license; application; fees and inspections.

§16B-13-4. Office-based, medication-assisted treatment programs to obtain registration; application; fees and inspections.

§16B-13-5. Operational requirements.

§16B-13-6. Restrictions; variances and waivers.

§16B-13-7. Inspection; inspection warrant.

§16B-13-8. License and registration limitation; denial; suspension; revocation.

§16B-13-9. Violations; penalties; injunction.

§16B-13-10. Advertisement disclosure.

§16B-13-11. State Opioid Treatment Authority.

§16B-13-12. Moratorium; certificate of need.

§16B-13-13. Rules; minimum standards for medication-assisted treatment programs.

CHAPTER 16B, ARTICLE 14. MEDICATION ADMINISTERD BY UNLICENSED PERSONNEL IN NURSING HOMES.

§16B-14-1. Definitions.

§16B-14-2. Administration of medications.

§16B-14-3. Exemption from licensure; statutory construction.

§16B-14-4. Instruction and training.

§16B-14-5. Eligibility requirements of nursing home staff.

§16B-14-6. Oversight of approved medication assistive personnel.

§16B-14-7. Withdrawal of authorization.

§16B-14-8. Fees.

§16B-14-9. Limitations on medication administration.

§16B-14-10. Permissive participation.

CHAPTER 16B, ARTICLE 15. WEST VIRGINIA CLEARANCE FOR ACCESS: REGISTRY AND EMPLOYMENT SCREENING ACT.

§16B-15-1. Definitions.

§16B-15-2. Background check program for the department, covered providers, and covered contractors.

§16B-15-3. Prescreening and criminal background checks.

§16B-15-4. Notice of ineligibility; prohibited participation as direct access personnel or department employee.

§16B-15-5. Variance; appeals.

§16B-15-6. Provisional employment pending completion of background check.

§16B-15-7. Clearance for subsequent employment.

§16B-15-8. Fees.

§16B-15-9. Rules; penalties; confidentiality; immunity.

CHAPTER 16B, ARTICLE 16. FOSTER CARE OMBUDSMAN PROGRAM.

§16B-16-1. The Foster Care Ombudsman.

§16B-16-2. Investigation of complaints.

§16B-16-3. Access to foster care children.

§16B-16-4. Access to records.

§16B-16-5. Subpoena powers.

§16B-16-6. Cooperation among government departments or agencies.

§16B-16-7. Confidentiality of investigations.

§16B-16-8. Limitations on liability.

§16B-16-9. Willful interference; retaliation; penalties.

§16B-16-10. Funding for Foster Care Ombudsman Program.

CHAPTER 16B, ARTICLE 17. HUMAN RIGHTS COMMISSION.

§16B-17-1. Short title.

§16B-17-2. Declaration of policy.

§16B-17-3. Definitions.

§16B-17-4. Powers and objectives.

§16B-17-5. Composition; appointment, terms, and oath of members; compensation and expenses.

§16B-17-6. Commission organization and personnel; executive director; offices; meetings; quorum; expenses of personnel.

§16B-17-7. Assistance to commission; legal services.

§16B-17-8. Commission powers; functions; services.

§16B-17-9. Unlawful discriminatory practices.

§16B-17-9a. Veterans preference not a violation of equal employment opportunity under certain circumstances.

§16B-17-10. Discriminatory practices; investigations, hearings, procedures and orders.

§16B-17-11. Appeal and enforcement of commission orders.

§16B-17-12. Local human relations commissions.

§16B-17-13. Exclusiveness of remedy; exceptions.

§16B-17-14. Penalty.

§16B-17-15. Construction; severability.

§16B-17-16. Certain records exempt.

§16B-17-17. Posting of law and information.

§16B-17-18. Injunctions in certain housing complaints.

§16B-17-19. Private club exemption.

§16B-17-20. Violations of human rights; civil action by attorney general.

CHAPTER 16B, ARTICLE 18. WEST VIRGINIA FAIR HOUSING ACT.

§16B-18-1. Short title.

§16B-18-2. Declaration of policy.

§16B-18-3. Definitions.

§16B-18-3a. Volunteer services or materials to build or install basic universal design features; workers, contractors, engineers, and architects; immunity from civil liability.

§16B-18-4. Application of article.

§16B-18-5. Discrimination in sale or rental of housing and other prohibited practices.

§16B-18-6. Discrimination in residential real estate-related transactions.

§16B-18-7. Discrimination in provision of brokerage services.

§16B-18-8. Religious organization or private club exemption.

§16B-18-9. Administration; authority and responsibility; delegation of authority; appointment of administrative law judges; location of conciliation meetings; administrative review; cooperation of the commission and executive departments and agencies to further fair housing purposes; functions of the commission.

§16B-18-10. Education and conciliation; conferences and consultations; reports.

§16B-18-11. Administrative enforcement; preliminary matters; complaints and answers; service; conciliation; injunctions; reasonable cause determinations; issuance of charge.

§16B-18-12. Subpoenas; giving of evidence; witness fees; enforcement of subpoenas.

§16B-18-13. Election of remedies; administrative hearings and discovery; exclusivity of remedies; final orders; review by commission; judicial review; remedies; attorney fees.

§16B-18-14. Enforcement by private persons; civil actions; appointed attorneys; remedies; bona fide purchasers; intervention by Attorney General.

16B-18-15. Enforcement by Attorney General; pattern or practice cases; subpoena enforcement; remedies; intervention.

§16B-18-16. Interference, coercion, or intimidation; enforcement by civil action.

§16B-18-17. Cooperation with local agencies administering fairhousing laws; utilization of services and personnel; reimbursement; written agreements; publication instate register.

§16B-18-18. Effect on other laws.

§16B-18-19. Severability of provisions.

§16B-18-20. Rules to implement article.

CHAPTER 16B, ARTICLE 19. PREGNANCY WORKERS’ FAIRNESS ACT.

§16B-19-1. Short title.

§16B-19-2. Nondiscrimination with regard to reasonable accommodations related to pregnancy.

§16B-19-3. Remedies and enforcement.

§16B-19-4. Rule-making.

§16B-19-5. Definitions.

§16B-19-6. Reports.

§16B-19-7. Relationship to other laws.

CHAPTER 16B, ARTICLE 20. BIRTHING CENTERS.

§16B-20-1. Definitions.

§16B-20-2. Birthing centers to obtain license, application, fees, suspension, or revocation.

§16B-20-3. Inspector General to establish rules and regulations; legislative findings; emergency filing.

§16B-20-4. Insurance.

§16B-20-5. Violations; penalties; injunction.

CHAPTER 16B, ARTICLE 21. NEONATAL ABSTINENCE SYNDRONE CENTER.

§16B-21-1. Neonatal Abstinence Centers authorized; licensure required.

§16B-21-2. Rules; minimum standards for neonatal abstinence centers.

§16B-21-3. Certificate of need; exemption from moratorium.

CHAPTER 17. ROADS AND HIGHWAYS.

CHAPTER 17, ARTICLE 1. DEFINITIONS.

§17-1-1. Rules of construction generally.

§17-1-2. "Commission"; "road commission"; "state road commission."

§17-1-3. "Road"; "public road"; "highway".

§17-1-4. "Vehicle."

§17-1-5. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-1-6. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-1-7. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-1-8. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-1-9. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-1-10. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-1-11. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-1-12. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-1-13. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-1-14. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-1-15. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-1-16. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-1-17. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-1-18."State."

§17-1-19."Political subdivision."

§17-1-20."Local authorities."

§17-1-21."Open country highway."

§17-1-22."Urban street."

§17-1-23."Suburban street."

§17-1-24. "Stand."

§17-1-25. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-1-26. Repealed. Acts, 1967 Reg. Sess., Ch. 168.

§17-1-27. Repealed. Acts, 1967 Reg. Sess., Ch. 168.

§17-1-28. State and public roads.

§17-1-29. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-1-30. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

CHAPTER 17, ARTICLE 2. STATE ROAD COMMISSION.

§17-2-1. Definitions.

§17-2-2. Powers and duties of the Secretary of Transportation.

CHAPTER 17, ARTICLE 2A. WEST VIRGINIA COMMISSIONER OF HIGHWAYS.

§17-2A-1. Duties of state road commissioner transferred to Division of Highways; department to act through commissioner of highways; office of commissioner of highways created; appointment, etc.

§17-2A-1a. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§17-2A-2. Qualifications; office requirements; devotion of full time to duties; supervisory authority; oath; bond.

§17-2A-3. Salary and expenses.

§17-2A-4. Selection, organization, classification, etc., of personnel; business manager and chief engineer assistants; employees' bonds.

§17-2A-4a. Payment of reasonable traveling expenses of prospective employees and moving expenses of new and transferred employees.

§17-2A-4b. Scholarships for training highway personnel; other training programs; notes for money advanced; payment or cancellation of notes.

§17-2A-5. Disqualifications of commissioner and personnel; vacation of position.

§17-2A-6. Accounting and auditing; financial reports.

§17-2A-6a. Independent performance audit of the Division of Highways.

§17-2A-6b. Country roads accountability and transparency.

§17-2A-7. Legal assistance.

§17-2A-8. Powers, duties, and responsibilities of commissioner.

§17-2A-8a. Authority to employ expert witnesses in eminent domain proceedings; compensation.

§17-2A-8b. Authority to provide emergency road service.

§17-2A-8c. Use of public carriage for designated employees.

§17-2A-8d. Reimbursement for volunteer fire departments.

§17-2A-9. Persons required to assist commissioner.

§17-2A-10. Production of documentary evidence and testimony at hearings, etc.; contempt for disobedience; self-incrimination.

§17-2A-11. Road maps; digital road map.

§17-2A-12. Traffic control factors; parking regulations.

§17-2A-13. Purchase or acquisition of materials, supplies and equipment.

§17-2A-14. Disposition of surplus, etc., equipment and materials; inventories.

§17-2A-15. Other code provisions relating to purchasing not controlling; exceptions.

§17-2A-16. Prequalification disclosure by vendors; register of vendors.

§17-2A-17. Acquisition of property for state road purposes; “state road purposes” defined.

§17-2A-17a. Acquisition of property for utility accommodation purposes; "utility" defined.

§17-2A-18. Acquisition of real property not needed for road purposes.

§17-2A-19. Sale, exchange, or lease of real property.

§17-2A-19a. Transfer of airspace; procedures to be followed.

§17-2A-20. Relocation assistance to and replacement housing costs for persons dislocated by highway construction.

§17-2A-21. Commissioner authorized to contract for implementation of litter control programs.

§17-2A-22. Administration of engineering and design related service contracts.

§17-2A-23. Administration of commercial vehicle and equipment related work orders.

§17-2A-24. Special employment procedures for Division of Highways personnel.

§17-2A-25. Road optimization and assessment data pilot program; legislative findings and purposes; reporting.

CHAPTER 17, ARTICLE 2B. TOLL ROAD STUDY COMMISSION.

§17-2B-1. Legislative findings and purposes.

§17-2B-2. Toll road study commission created; composition; appointment of members; chairman.

§17-2B-3. Compensation and expenses of commission members; expenses of commission.

§17-2B-4. Powers and duties of the commission.

§17-2B-5. Meetings of the commission; quorum.

§17-2B-6. Interpretation of article; termination of commission.

CHAPTER 17, ARTICLE 2C. ORPHAN ROAD AND BRIDGE ACQUISITION PROGRAM.

§17-2C-1. Establishment of an orphan road and bridge acquisition and maintenance program in all counties; criteria for designation as an orphan road or bridge.

§17-2C-2. Development of program; acquisition of rights-of-way.

§17-2C-3. Duties of commissioner with respect to orphan roads and bridges; criteria for inclusion.

§17-2C-4. Workforce of welfare recipients and citizens' conservation corps participants; division of highways required to furnish maintenance materials.

§17-2C-5. Upgrading of roads and bridges in maintenance system.

§17-2C-6. Termination of orphan roads and bridges program; report to the Legislature.

CHAPTER 17, ARTICLE 2D. HIGHWAY DESIGN-BUILD PILOT PROGRAM.

§17-2D-1. Short title.

§17-2D-2. Highway Design-Build Program.

§17-2D-3. Invitation for bids.

§17-2D-4. Acceptance of design-build bid.

§17-2D-5. Report to the Legislature.

CHAPTER 17, ARTICLE 2E. DIG ONCE POLICY.

§17-2E-1. Legislative findings.

§17-2E-2. Definitions.

§17-2E-3. Use of rights-of-way; broadband conduit installation in rights-of-way; permits; agreements; compensation; valuation of compensation; telecommunications facilities construction and installation in rights-of-way.

§17-2E-4. Highway safety.

§17-2E-5. Telecommunications carrier initiated construction and joint use.

§17-2E-6. In-kind compensation.

§17-2E-7. Use of telecommunications facilities owned or controlled by Division of Highways.

§17-2E-8. Disposal of in-kind compensation; excess telecommunications facilities.

§17-2E-9. Rule-making authority.

§17-2E-10.Taskforce on infrastructure deployment clearinghouse; reporting; sunset date.

CHAPTER 17, ARTICLE 3. STATE ROAD FUND.

§17-3-1. What constitutes fund; payments into fund; use of money in fund.

§17-3-1a. Annual audit to be made of receipts and expenditures of state road commission.

§17-3-2. Payment of state road costs from moneys received by commission.

§17-3-3. Report on and disposition of moneys collected by commission.

§17-3-4. Disbursements from road fund.

§17-3-4a. Advancement of compensation for property immediately needed.

§17-3-5. Emergency fund.

§17-3-6. Apportionment of state road fund for construction and reconstruction purposes; reserve fund; budget request; appropriation of funds.

§17-3-6a. Allotment of funds for feeder and state local service roads.

§17-3-6b. Matching funds with counties for the construction, reconstruction, repair and maintenance of feeder and state local service roads.

§17-3-7. Assent to federal aid.

§17-3-8. Issuance of duplicate road bond when registered original is lost or destroyed.

§17-3-9. Signs along interstate highways.

§17-3-10. Special fund.

CHAPTER 17, ARTICLE 3A. INDUSTRIAL ACCESS ROAD FUND.

§17-3A-1. Industrial Access Road Fund created; construction guarantees by municipalities and counties.

§17-3A-2. Division of highways to determine construction of industrial access roads.

§17-3A-3. Industrial access roads to be part of state road system.

§17-3A-4. Restrictions on use of fund.

§17-3A-5. Disbursements from fund.

§17-3A-6. Annual audit to be made of receipts and expenditures of fund.

CHAPTER 17, ARTICLE 4. STATE ROAD SYSTEM.

§17-4-1. Classification of state roads; control over state roads; control by county courts of roads, bridges and landings; roads in state parks, forests and public hunting and fishing areas made part of state road system.

§17-4-2. Definitions of roads comprising state road system.

§17-4-3. Classification of roads in state road system; reclassification.

§17-4-4. Interstate and international highway planning.

§17-4-5. Right of eminent domain.

§17-4-6. Cost of acquiring rights-of-way.

§17-4-7. Information to be filed with clerk of county court.

§17-4-8. Use of roadbed by railroad, telephone company, etc.

§17-4-9. Separation, elimination or avoidance of railway-highway grade crossings -- When commissioner may require.

§17-4-10. Same -- Commissioner's order to eliminate, etc., crossing; amendment to order.

§17-4-11. Same -- Protest against order; hearing; appeal.

§17-4-12. Same -- Railroad to file plans, etc., for separation with commissioner.

§17-4-13. Same -- Bidding upon approval of plans; work to be let to lowest responsible bidder.

§17-4-14. Same -- Distribution of cost between railroad and state.

§17-4-15. Same -- Rejection of bids; new bids; performance of work by state or railroad.

§17-4-16. Same -- Payment of state's share of cost; commissioner may furnish engineer.

§17-4-17. Same -- Maintenance of work.

§17-4-17a. Same -- Relocation or reconstruction of existing grade separation structures.

§17-4-17b. Relocation of public utility lines on highway construction projects.

§17-4-17c. Repealed. Acts, 2006 Reg. Sess., Ch. 201.

§17-4-17d. Relocation of public utility lines and public service districts utility lines on state highway construction projects.

§17-4-17e. Utility relocation on state highway construction projects financed by proceeds of bonds or notes issued before July 1, 2021.

§17-4-18. Approved types of paving to be determined and advertised.

§17-4-19. Contracts for construction, materials, etc.; work by prison labor, etc.; bidding procedure.

§17-4-20. Bidder’s bond required; return or forfeiture of bond.

§17-4-21. Form and signing of deeds and contracts made by commissioner.

§17-4-22. Combination in restraint of trade; persons limiting competition in bidding.

§17-4-23. Certificate showing constituents of materials; false certificates.

§17-4-24. Testing and approval of materials or supplies.

§17-4-24a. Guardrail construction.

§17-4-25. Acquisition, establishment and operation of quarries, cement and other plants.

§17-4-26. Municipal streets and bridges and free bridges designated as connecting part of state road system -- Authorized.

§17-4-27. Same -- Control of connecting parts of state road system within municipalities.

§17-4-28. Same -- Notice and laying of necessary pipes, etc., before reconstruction within municipality.

§17-4-29. Same -- Taking over streets not to affect franchise.

§17-4-30. Same -- Taking over streets not to affect existing contracts.

§17-4-31. Same -- Rules and regulations of commissioner to govern streets taken as connecting parts of state road system.

§17-4-32. Repealed. Acts, 1967 Reg. Sess., Ch. 175.

§17-4-33. Inspection, condemnation, etc., of unsafe bridges.

§17-4-34. Contracts for interstate bridges; report to Governor.

§17-4-35. Diversion of nonnavigable stream.

§17-4-36. Construction and removal of sidewalks along state roads; injury to, failure to repair, etc., sidewalks.

§17-4-37. State not to be made defendant in action for damages.

§17-4-38. Violations of article; penalty.

§17-4-39. Controlled-access facilities -- Defined.

§17-4-40. Same -- Authority to establish, maintain, regulate, etc.

§17-4-41. Same -- Design of controlled-access facilities.

§17-4-42. Same -- Acquisition of property and property rights.

§17-4-43. Same -- New and existing facilities; grade crossing eliminations; consent to connect.

§17-4-44. Same -- Authority to contract with other governmental agencies.

§17-4-45. Same -- Local service roads and streets.

§17-4-46. Same -- Certain commercial enterprises prohibited; commercial enterprises on service roads; turnpikes excluded from provisions of section.

§17-4-47. Access from commercial, etc., property and subdivisions to highways -- Purposes of regulation; right of access; provisions inapplicable to controlled-access facilities; removal of unauthorized access; bond for access.

§17-4-48. Same -- Regulations by commissioner.

§17-4-49. Same -- Points of commercial, etc.; access to comply; plans, objections and procedures for new points; review of and changes in existing points; commissioner's preliminary determination; requiring notice.

§17-4-50. Same -- Commissioner's authority as to subdivisions abutting state highway; notice of proposal to subdivide; filing, approval or disapproval of subdivision plans.

§17-4-51. Same -- Amendment or withdrawal of objections or preliminary determinations by commissioner; delegation of authority by commissioner.

§17-4-52. Same -- Requirements for objections, preliminary determinations and notices.

§17-4-53. Same -- Appeals from and judicial review of determinations and final orders of commissioner.

§17-4-54. Location of trash and garbage collection containers by counties and municipalities.

§17-4-55. Rest area, welcome center, road, and vehicle commercial sponsorship program.

CHAPTER 17, ARTICLE 4A. COMPLETE STREETS ACT.

§17-4A-1. Complete Streets.

§17-4A-2. Exceptions.

§17-4A-3. Complete Streets Advisory Board.

CHAPTER 17, ARTICLE 5. STATE CONVICT ROAD FORCE.

§17-5-1. State convict road force; how used.

§17-5-2. How convict workers selected; monthly report of suitable inmates.

§17-5-3. Superior guard and assistants; hours of work of guards and prisoners; pay of prisoners.

§17-5-4. Housing, feeding and transportation of prisoners.

§17-5-5. Escape of convict from state road force.

§17-5-6. Return of convicts to penitentiary because of infirmity, bad conduct, etc.; trusties.

§17-5-7. Medical inspection of convict camps.

§17-5-8. Convicts in same classification to be placed in same camp.

§17-5-9. Commissioner to pay expenses of convicts and cost of equipment and materials.

§17-5-10. Discharge of convicts at expiration of term; application of section relating to deduction from sentence for good conduct.

§17-5-11. Commissioner may act through agents and may set up department of prison labor.

§17-5-12. Work which may be performed by convicts other than on state road force.

CHAPTER 17, ARTICLE 5A. DEPARTMENT OF MOTOR VEHICLES.

§17-5A-1. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-5A-2. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-5A-3. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-5A-4. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-5A-5. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-5A-6. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-5A-7. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-5A-8. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-5A-9. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-5A-10. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-5A-11. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-5A-12. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-5A-13. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-5A-14. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-5A-15. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-5A-16. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-5A-17. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

CHAPTER 17, ARTICLE 6. LICENSES.

§17-6-1. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-6-2. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-6-3. Certificate of convenience for public transportation vehicles -- When required; vehicles engaged in interstate commerce.

§17-6-4. Certificate of convenience for public transportation vehicles -- Application for certificate of convenience; action of commissioner on application; operation under certificate.

§17-6-4a. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-6-5. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-6-6. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-6-7. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-6-8. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-6-9. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-6-10. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-6-11. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-6-12. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-6-13. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-6-14. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-6-15. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-6-16. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-6-17. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-6-18. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-6-19. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-6-20. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-6-21. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-6-22. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-6-23. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-6-24. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-6-25. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-6-26. Repealed. Acts, 1939 Reg. Sess., Ch. 87. §31

§17-6-27. Repealed. Acts, 1939 Reg. Sess., Ch. 87 §31.

§17-6-28. Repealed. Acts, 1951. Reg. Sess., Ch. 129.

§17-6-29. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-6-30. Repealed. Acts, 1939 Reg. Sess. Ch. 87 §31.

§17-6-31. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-6-32. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-6-33. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-6-34. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

CHAPTER 17, ARTICLE 7. CERTIFICATES OF TITLE.

§17-7-1. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-7-2. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-7-3. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-7-4. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-7-5. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-7-6. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-7-7. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-7-8. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-7-9. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-7-10. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-7-11. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

CHAPTER 17, ARTICLE 8. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.

§17-8-1. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-2. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-3. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-4. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-5. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-6. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-7. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-8. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-9. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-10. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-11. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-12. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-13. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-14. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-15. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-16. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-17. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-18. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-19. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-20. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-21. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-22. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-23. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-24. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-25. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-26. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-27. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-28. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-29. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-30. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-31. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-32. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-33. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-34. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-8-35. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

CHAPTER 17, ARTICLE 9. GENERAL PROVISIONS APPLICABLE TO STATE ROADS, COUNTY-DISTRICT ROADS, STREETS AND ALLEYS, STATE ROAD COMMISSION, COUNTY COURTS AND MUNICIPAL AUTHORITIES.

§17-9-1. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-2. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-3. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-4. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-5. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-6. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-7. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-8. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-9. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-10. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-11. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-12. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-13. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-14. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-15. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-16. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-17. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-18. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-19. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-20. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-21. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-22. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-23. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-24. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-25. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-26. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-27. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-28. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-29. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-30. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-31. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-32. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-33. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-9-34. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

CHAPTER 17, ARTICLE 10. COUNTY COURTS; MUNICIPALITIES; GENERAL AUTHORITY AND DUTIES AS TO ROADS, ETC.

§17-10-1. Power over bridges, approaches and public landings; relinquishment of authority over county-district roads; commissioner may purchase or rent road equipment and material from county court.

§17-10-2. Extent of power over roads, bridges and public landings.

§17-10-3. Exercise of power of eminent domain.

§17-10-4. Records.

§17-10-5. Protection of roadbeds.

§17-10-6. Inspection, condemnation, closing or repair of bridges.

§17-10-7. Elimination of grade crossings.

§17-10-8. Contracts -- Advertisement for letting.

§17-10-9. Same -- Opening bids; award or rejection of bids; contractor's bond; publication of information as to bids; reserving portion of payment for work; penalties for unlawful conduct as to bids.

§17-10-10. Same -- Prohibited contracts.

§17-10-11. Same -- Certificate of purity of materials; false statements or representations; cancellation of contract.

§17-10-12. Same -- When work not done by contract; appointment and compensation of superintendent to supervise work.

§17-10-13. Only standardized, tested and approved materials to be used.

§17-10-14. Supervision of employees.

§17-10-15. May establish stone quarries, stone crushing plants, etc.

§17-10-16. Claims of contractors and others.

§17-10-17. Action for damages occasioned by defective road, bridge, street, etc.

§17-10-18. Action for damages occasioned by defective turnpike, road or bridge, belonging to any company, etc.

§17-10-19. Determination of requirements for succeeding fiscal year.

§17-10-20. Amount to be included in general county levy.

§17-10-21. Existing bonded indebtedness to remain debt of property originally pledged as security; levies for payment; transfer of funds.

§17-10-22. Counties and political subdivisions voting bonds for paving state road.

§17-10-23. Levy tax on property outside municipalities.

§17-10-24. Delinquent lists of taxes; collection of delinquent taxes.

§17-10-25. Penalties.

CHAPTER 17, ARTICLE 11. COUNTY AND DISTRICT ROAD FUNDS.

§17-11-1. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-11-2. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-11-3. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-11-4. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-11-5. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-11-6. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-11-7. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-11-8. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-11-9. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

CHAPTER 17, ARTICLE 12. COUNTY-DISTRICT ROADS.

§17-12-1. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-12-2. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-12-3. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-12-4. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-12-5. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-12-6. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-12-7. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-12-8. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-12-9. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-12-10. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-12-11. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-12-12. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-12-13. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-12-14. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-12-15. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-12-16. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-12-17. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-12-18. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-12-19. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-12-20. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

CHAPTER 17, ARTICLE 13. COUNTY ROAD ENGINEER OR SUPERVISOR.

§17-13-1. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-13-2. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-13-3. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-13-4. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-13-5. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-13-6. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-13-7. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-13-8. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-13-9. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

CHAPTER 17, ARTICLE 14. DISTRICT ROAD SUPERINTENDENT.

§17-14-1. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-14-2. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-14-3. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-14-4. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-14-5. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-14-6. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

§17-14-7. Repealed.Acts, 1933 Ex. Sess., Ch. 40.

CHAPTER 17, ARTICLE 15. COUNTY CONVICT ROAD FORCE.

§17-15-1. Repealed. Acts, 1937 Reg. Sess., Ch. 79.

§17-15-2. Repealed. Acts, 1937 Reg. Sess., Ch. 79.

§17-15-3. Repealed. Acts, 2005 Reg. Sess., Ch. 178.

§17-15-4. Work by prisoners; relief of sheriffs and others from liability for injuries, etc.

§17-15-5. Guards for county prisoners; monthly statement as to prisoners.

§17-15-6. Certification by clerk or justice of sentence and commitment of county convict; form of commitment.

§17-15-7. Road work by misdemeanant in lieu of bail.

§17-15-8. Credit on sentence for road work by county prisoner.

CHAPTER 17, ARTICLE 16. OBSTRUCTIONS.

§17-16-1. 'Obstructions' defined; obstructions declared nuisance; nuisance exception; abatement of nuisance by injunction.

§17-16-2. Duty of landowner, occupant and public utility to remove obstructions and fill excavations.

§17-16-3. Removal of obstructions by state road commission or county; expense to be charged against owner, etc.

§17-16-4. Assessment and collection of costs of removing obstructions.

§17-16-5. Liability for failure to remove obstructions.

§17-16-6. Permit by commission or county court for openings in or structures on public roads; franchises and easements of oil, etc., transportation companies.

§17-16-7. Repealed. Acts, 1949 Reg. Sess., Ch. 116.

§17-16-8. Duty of railroad company to keep state or county- district road in good condition.

§17-16-9. Private driveways or approaches to roads; obstruction of ditches.

CHAPTER 17, ARTICLE 16A. WEST VIRGINIA PARKWAYS AUTHORITY.

§17-16A-1. Constructing, operating, financing, etc., parkway, economic development and tourism projects.

§17-16A-2. Parkway revenue bonds and revenue refunding bonds not debt of state or political subdivisions; statement on bonds.

§17-16A-3. West Virginia Parkways Authority.

§17-16A-4. Transfer of powers, duties, functions, assets and liabilities of turnpike commission to parkways authority.

§17-16A-5. Definitions.

§17-16A-6. Parkways Authority's powers.

§17-16A-7. Parkways authority's incidental powers.

§17-16A-8. Acquisition of land, property, easements, etc.

§17-16A-9. Condemnation of property.

§17-16A-10. Parkway revenue bonds, generally.

§17-16A-11. State Road Construction Account.

§17-16A-11a. West Virginia Parkways Authority Single Fee Program Fund.

§17-16A-12. Parkway revenue bonds -- Trust agreement.

§17-16A-13. Tolls, rents, fees, charges and revenues; competitive bidding on contracts.

§17-16A-13a. Public notice and meeting requirements.

§17-16A-14. Trust funds.

§17-16A-15. Remedies.

§17-16A-16. Exemption from taxation.

§17-16A-17. Repair, etc., of damaged property; conveyances, etc., by counties, cities, etc., to parkways authority; maintenance and policing of projects; defrauding parkways authority; evading payment of tolls, rents, fees or charges; trespassing.

§17-16A-17a. Repealed. Acts, 1989 Reg. Sess., Ch. 187.

§17-16A-18. Corridor L toll fees authorized; commuter pass.

§17-16A-18a Repealed Acts, 2017 Reg. Sess., Ch.

§17-16A-19. Preliminary expenses.

§17-16A-19a. Repealed. Acts, 1989 Reg. Sess., Ch. 187.

§17-16A-20. Parkway projects part of state road system.

§17-16A-21. Parkway revenue refunding bonds, generally.

§17-16A-22. Parkway revenue refunding bonds-West Virginia Turnpike.

§17-16A-23 Repealed Acts, 2017 Reg. Sess., Ch.

§17-16A-24. Article deemed to provide additional and alternative methods.

§17-16A-25. Additional powers of parkways authority; issuance of special obligation bonds.

§17-16A-26. Annual report; audit.

§17-16A-27. Exit awareness signs.

§17-16A-28. Severability.

§17-16A-29. Discount program for purchasers of West Virginia EZ Pass transponders.

§17-16A-30. Coordination with county commission in counties where a parkway project may be located.

CHAPTER 17, ARTICLE 16B. PUBLIC PORT AUTHORITY.

§17-16B-1. Creation of authority.

§17-16B-2. Board of directors — Members, officers, qualifications, terms, oath, compensation, quorum and delegation of power.

§17-16B-3. Executive director; appointment; powers and duties; compensation.

§17-16B-4. Repealed. Acts, 1991 Reg. Sess., Ch. 137.

§17-16B-5. Definitions.

§17-16B-6. Powers and duties of authority.

§17-16B-7. Special West Virginia public port authority operations fund.

§17-16B-7a. Special Railroad and Intermodal Enhancement Fund; purposes.

§17-16B-7b. Study of feasibility intermodal facility at Prichard, West Virginia.

§17-16B-8. Designation of local port authority districts, powers and duties; plan for development.

§17-16B-9. Construction and operation of facilities by private enterprise; leasing of facilities by port authority.

§17-16B-10. Foreign trade zones; free trade zones; ports of entry and customs zones.

§17-16B-11. Study of feasibility of establishment of export trading company.

§17-16B-12. Division of tourist trains and transportation; duties.

§17-16B-13. Disclaimer of any liability of state of West Virginia.

§17-16B-14. Prohibition on funds inuring to the benefit of or being distributable to directors, employees, officers or private persons; prohibition against certain financial interests; criminal penalties.

§17-16B-15. Port revenue bonds — Generally.

§17-16B-16. Public port revenue bonds — Trust agreements.

§17-16B-17. Tolls, rents, fees, charges and revenues.

§17-16B-18. Trust funds.

§17-16B-19. Remedies.

§17-16B-20. Exemption from taxes.

§17-16B-21. Preliminary expenses.

§17-16B-22. Public port revenue refunding bonds — Generally.

CHAPTER 17, ARTICLE 16C. DIVISION OF PUBLIC TRANSIT.

§17-16C-1. Creation of division.

§17-16C-2. Designation of department.

§17-16C-3. Powers and duties of the division.

§17-16C-4. Public Transit Advisory Council.

§17-16C-5. Assistance of other state agencies.

§17-16C-6. Repealed. Acts, 1991 Reg. Sess., Ch. 137.

§17-16C-7. Repealed. Acts, 1991 Reg. Sess., Ch. 137.

§17-16C-8. Repealed. Acts, 1991 Reg. Sess., Ch. 137.

§17-16C-9. Repealed. Acts, 1991 Reg. Sess., Ch. 137.

§17-16C-10. Repealed. Acts, 1991 Reg. Sess., Ch. 137.

§17-16C-11. Repealed. Acts, 1991 Reg. Sess., Ch. 137.

§17-16C-12. Repealed. Acts, 1991 Reg. Sess., Ch. 137.

§17-16C-13. Repealed. Acts, 1991 Reg. Sess., Ch. 137.

§17-16C-14. Repealed. Acts, 1991 Reg. Sess., Ch. 137.

§17-16C-15. Repealed. Acts, 1991 Reg. Sess., Ch. 137.

§17-16C-16. Repealed. Acts, 1991 Reg. Sess., Ch. 137.

CHAPTER 17, ARTICLE 16D. ELECTRONIC TOLL COLLECTION.

§17-16D-1. Legislative findings and purpose.

§17-16D-2. Definitions.

§17-16D-3. Electronic toll collection authorized.

§17-16D-4. Advanced warning signs.

§17-16D-5. Imposition of liability for payment of tolls.

§17-16D-6. Liability of owner.

§17-16D-7. Owner who is lessor.

§17-16D-8. Placement of electronic toll collection devices.

§17-16D-9. Privacy of electronic toll collection account holder information; subpoenas and court orders and related confidentiality protections.

§17-16D-10. Evading tolls; damaging, interfering with, or obstructing video toll collection or infrastructure; violations and criminal penalties.

§17-16D-11. Nonrenewal of vehicle registration; effect of civil or criminal violation.

§17-16D-12. Cooperative agreements.

§17-16D-13. Reciprocal enforcement agreements.

§17-16D-14. Rule-making authority.

CHAPTER 17, ARTICLE 16E. STATE SAFETY OVERSIGHT PROGRAM.

§17-16E-1. Purpose.

§17-16E-2. Designated oversight agency; prohibitions.

§17-16E-3. Powers and duties; rules.

CHAPTER 17, ARTICLE 16F. WEST VIRGINIA DIVISION OF MULTIMODAL TRANSPORTATION FACILITIES.

§17-16F-1. Legislative findings and creation of division.

§17-16F-2. Secretary’s Powers and duties.

§17-16F-3. Definitions.

§17-16F-4. Powers and duties of division.

§17-16F-5. Rules of division.

§17-16F-6. Advisory Boards.

§17-16F-7. Annual report.

§17-16F-8. Financial interest in contracts prohibited; penalty.

§17-16F-9. Public purpose of activities; property of public utilities and common carriers.

§17-16F-10. Construction and operation of facilities by private enterprise; leasing of facilities by division.

§17-16F-10a. Authorization to create a local port authority district.

§17-16F-10b. Application to division for approval to create local port authority district.

§17-16F-10c. Creation of board of directors for local port authority district; powers and duties.

§17-16F-11. Foreign trade zones; free trade zones; ports of entry and customs zones.

§17-16F-12. Special West Virginia Public Port Operations Fund; West Virginia Multimodal Division Operations Fund; other funds transferred to the Division of Multimodal Transportation.

§17-16F-13. Additional powers and duties of division related to railroad projects.

§17-16F-14. Additional authority regarding the Maryland Area Regional Commuter.

§17-16F-15. Rail operations; purchases.

§17-16F-16. Railroad Maintenance Fund.

§17-16F-17. Division empowered to issue bonds, renewal notes and refunding bonds; requirements and manner of such issuance.

§17-16F-18. Trustee for bondholders; contents of trust agreement.

§17-16F-19. Legal remedies of bondholders and trustees.

§17-16F-20. Bonds and notes not debt of state, county, municipality, or of any political subdivision; expenses incurred pursuant to article.

§17-16F-21. Use of funds by division; restrictions.

§17-16F-22. Investment of funds by division.

§17-16F-23. Rentals and other revenues from railroad projects; contracts and leases of division; cooperation of other governmental agencies; bonds of such agencies.

§17-16F-24. Maintenance, operation, and repair of projects; reports to Governor and Legislature.

§17-16F-25. Railroad maintenance bonds lawful investments.

§17-16F-26. West Virginia Commuter Rail Access Fund.

§17-16F-27. State rail plan required.

§17-16F-28. Additional powers and duties of division related to aeronautics, airports, and air navigation projects.

§17-16F-29. State financial assistance for county, municipal and regional airports.

§17-16F-30. Financial aid.

§17-16F-31. Establishment and operation of state airports.

§17-16F-32. Use of state and municipal facilities and services.

§17-16F-33. Disposition of fees.

§17-16F-34. Severability.

CHAPTER 17, ARTICLE 17. TOLL BRIDGES.

§17-17-1. Tolls prohibited except over toll bridges forming part of public road, etc.

§17-17-2. Bridges over Ohio, Great Kanawha or Big Sandy Rivers; corporations for such purposes.

§17-17-3. Power of bridge corporation to borrow money, mortgage or encumber by deed of trust.

§17-17-4. When bridge deemed a nuisance; abatement.

§17-17-5. Obstruction of navigation by bridge.

§17-17-6. Unsafe toll bridge.

§17-17-7. Purchase, construction or repair of toll bridge.

§17-17-8. Termination of privilege to erect and maintain toll bridge; toll rates.

§17-17-9. Toll rates for troops.

§17-17-10. Payment of toll prior to passage; demand of excessive toll; evading payment of toll.

§17-17-11. Gatekeeper to keep small change.

§17-17-12. Failure to provide gatekeeper and to allow prompt passage.

§17-17-13. Definitions.

§17-17-14. Repealed. Acts, 1932 Ex. Sess., Ch. 1 § 1.

§17-17-15. Authority to purchase or condemn toll bridges; eminent domain.

§17-17-16. Repair of toll bridge before purchase.

§17-17-17. Construction of toll bridge; purchase of land, etc., therefor.

§17-17-18. Power of eminent domain.

§17-17-19. Bridge revenue bonds generally.

§17-17-20. Trust agreement respecting bonds.

§17-17-21. General supervision of bridges under jurisdiction of commissioner.

§17-17-22. Tolls to be charged for bond payment; intrastate and interstate bridges included in one issue; purchasing of existing bridges; disposition of tolls.

§17-17-23. When tolls to cease.

§17-17-23a. Transfer of excess tolls collected.

§17-17-23b. Combining of bridges; imposition or reimposition of tolls upon existing combined bridges; revenue bonds and disposition of tolls for combined bridges.

§17-17-24. Construction of article in relation to state debt.

§17-17-25. Additional and alternative method provided; permit for construction of competitive bridge.

§17-17-26. When consent of other officers and boards not required.

§17-17-27. Liberal construction of §§17-17-13 to 17-17-28.

§17-17-28. Provisions of §§17-17-13 to 17-17-28 separable.

§17-17-29. Certain powers, duties, etc., of bridge commission transferred to state road commissioner.

§17-17-30. Construction, operation, etc., of toll bridges and tunnels by counties and cities -- Authorized; authority to borrow money; consent of federal government and state road commission.

§17-17-31. Same -- Acquisition of existing bridges.

§17-17-32. Same -- General powers of cities and counties; bonds generally; exemptions from taxation.

§17-17-33. Same -- Creation of mortgage lien.

§17-17-34. Same -- Retiring bonds; remittance to sinking fund.

§17-17-35. Authorization for municipalities to maintain ownership of and continue charging tolls for toll bridges upon the payment of all bonds issued to acquire and construct or refinance the bridge and the interest thereon; permitted use of tolls collected.

§17-17-36. Maintenance of bridges retained by municipalities after repayment of indebtedness thereon; inspections by commissioner; bridge maintenance fund.

§17-17-37. Transfer of toll bridge to county.

§17-17-38. Municipal sale of ownership of toll bridges to private toll transportation facility; maintenance of tolls; imposition of liability for collection and payment; tax treatment and divestment.

CHAPTER 17, ARTICLE 17A. CONSTRUCTION FINANCING FOR SURFACE TRANSPORTATION IMPROVEMENTS.

§17-17A-1. Purpose and scope.

§17-17A-2. Definitions.

§17-17A-3. Authorization of notes.

§17-17A-4. Establishment of terms and sale of notes; financial advisor.

§17-17A-5. Security for notes; trust agreements.

§17-17A-5a. Use of tolls for construction, maintenance, repair and operating costs; use of tolls to pay special obligation notes.

§17-17A-5b. Designation of class of toll roads.

§17-17A-6. Rights of holders; limitation on liability of state.

§17-17A-7. Legality for investment; tax exemption.

§17-17A-8. Repealed. Acts, 1985 Reg. Sess., Ch. 152.

CHAPTER 17, ARTICLE 17B. STATE TRANSPORTATION INFRASTRUCTURE FUND PROGRAM.

§17-17B-1 Short title; legislative findings and purpose.

§17-17B-2. Definitions.

§17-17B-3. Purpose and scope.

§17-17B-4. Authority to enter into agreements.

§17-17B-5. Enforcement of provisions by commissioner; rules.

CHAPTER 17, ARTICLE 18. FERRIES AND WHARVES.

§17-18-1. Discontinuance of ferry by disuse.

§17-18-2. Establishment of ferry -- Application; notice.

§17-18-3. Same -- View of ferry site.

§17-18-4. Same -- Decision on application; regulations for ferries.

§17-18-5. Same -- Ferry where watercourse is county boundary.

§17-18-6. Unauthorized ferry generally.

§17-18-7. Operation of private boats.

§17-18-8. Forfeiture for unlawful transportation.

§17-18-9. Ferry wharves and landings -- Generally.

§17-18-10. Same -- Establishment of wharf at public landing; regulation of and limitations on such wharf.

§17-18-11. Same -- Wharf or pier on land along watercourse; abatement of wharf obstructing navigation.

§17-18-12. Duty to have boats and hands at ferry within six months after order establishing it; cessation of rights.

§17-18-13. Ferry permit or license; certificate, bond, duties and hours of ferryman; night service; number of boats and hands.

§17-18-14. Posting rates.

§17-18-15. Prepayment of ferriage; unlawful ferriage.

§17-18-16. Prompt passage; ferries from railroad stations.

§17-18-17. Ferries across Shenandoah River.

§17-18-18. Interference by ferries in another state.

§17-18-19. Offenses and penalties; termination of ferry privilege.

CHAPTER 17, ARTICLE 19. GENERAL CRIMINAL PROVISIONS.

§17-19-1. Prohibited signs, etc.; removal at owner's expense.

§17-19-2. Travel on road under construction or closed to traffic; injury to road work, equipment or materials.

§17-19-3. Offenses affecting bridges.

§17-19-4. Solicitations, assessments and receipts for political party funds by commission or personnel thereof unlawful.

§17-19-5. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-19-6. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-19-7. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-19-8. Unlawful to employ relatives on roads; exception.

§17-19-9. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-19-10. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-19-11. False affidavit.

§17-19-12. Unlawful display of insignia of motor club.

§17-19-13. Miscellaneous offenses.

§17-19-13a. Repealed. Acts, 1951 Reg. Sess., Ch. 129.

§17-19-13b. Repealed. Acts, 1961 Reg. Sess., Ch. 133.

§17-19-14. Offense and punishment when not specifically defined or fixed.

§17-19-15. Concurrent jurisdiction of justices over misdemeanors.

CHAPTER 17, ARTICLE 20. ROADSIDE MEMORIAL MARKERS.

§17-20-1. Roadside memorial markers authorized.

§17-20-2. Roadside memorial marker criteria.

CHAPTER 17, ARTICLE 21. LICENSING OF CHAUFFEURS AND OTHER MOTOR VEHICLE OPERATORS.

§17-21-1. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-21-2. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-21-3. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-21-4. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-21-5. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-21-6. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-21-7. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-21-8. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-21-9. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-21-10. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-21-11. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-21-12. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-21-13. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-21-14. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-21-15. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-21-16. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-21-17. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-21-18. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-21-19. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-21-20. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-21-21. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-21-22. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-21-23. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-21-24. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-21-25. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-21-26. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-21-27. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-21-28. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

§17-21-29. Repealed.Acts, 1951 Reg. Sess., Ch. 129.

CHAPTER 17, ARTICLE 22. OUTDOOR ADVERTISING.

§17-22-1. Legislative finding.

§17-22-2. Definitions.

§17-22-3. Certain outdoor advertising prohibited; when removal required.

§17-22-4. General restrictions as to outdoor advertising.

§17-22-5. Payment of compensation upon removal of advertising signs, displays or devices.

§17-22-6. Purchase or condemnation; powers of Commissioner of Highways; payment to claimants.

§17-22-7. Exceptions to prohibited signs; standards for excepted signs.

§17-22-8. Exempted areas; agreements between Commissioner of Highways and United States Secretary of Transportation.

§17-22-9. Signs, displays and devices providing information for the traveling public; location.

§17-22-10. Special fund.

§17-22-11. Enforcement of provisions by commissioner; rules and regulations.

§17-22-12. Territory to which article applies; entries for examinations and surveys.

§17-22-13. Licenses required; application; expiration; exceptions; revocations; judicial review.

§17-22-14. Bond of out-of-state licensee.

§17-22-15. Permit required for each sign, etc.; applications; refusal of permits; expiration and renewal; change of advertising copy; revocation; fee; judicial review.

§17-22-16. Permit identification number for signs; fastening to signs.

§17-22-17. Removal of signs, etc., after expiration or revocation of permit.

§17-22-18. Removal, defacing, etc., signs lawfully within highway limits.

§17-22-19. Consent of property owner for erection.

§17-22-20. Disposition of fees.

§17-22-21. Prohibited signs not to be allowed by other agencies, etc.

§17-22-22. Penalties; signs in violation of article declared nuisance; abatement.

§17-22-23. Availability of funds to compensate for required removal of signs, etc.

§17-22-24. Effective date.

§17-22-25. Separability.

CHAPTER 17, ARTICLE 23. SALVAGE YARDS.

§17-23-1. Legislative finding.

§17-23-2. Definitions.

§17-23-3. License required; issuance; fee; renewal; disposition of fees.

§17-23-4. Areas where establishment prohibited; screening requirements; existing licensed yards; approval permit required; issuance; county planning commission criteria satisfied; fee.

§17-23-5. Requirements as to fences.

§17-23-6. Payment of costs of screening.

§17-23-7. Exempt areas in municipalities.

§17-23-8. Authority of commissioner to remove or purchase certain yards; restrictions on relicensing at location where yard terminated.

§17-23-9. Violations declared public nuisance; abatement; injunctions; penalties.

§17-23-10. Special fund.

§17-23-11. Rules and regulations.

§17-23-12. Certain other code provisions inapplicable.

§17-23-13. Severability.

CHAPTER 17, ARTICLE 24. WASTE TIRE REMEDIATION.

§17-24-1. Repealed. Acts, 2005 Reg. Sess., Ch. 199.

§17-24-2. Repealed. Acts, 2005 Reg. Sess., Ch. 199.

§17-24-3. Repealed. Acts, 2005 Reg. Sess., Ch. 199.

§17-24-4. Repealed. Acts, 2005 Reg. Sess., Ch. 199.

§17-24-5. Repealed. Acts, 2005 Reg. Sess., Ch. 199.

§17-24-6. Repealed. Acts, 2005 Reg. Sess., Ch. 199.

§17-24-7. Repealed. Acts, 2005 Reg. Sess., Ch. 199.

§17-24-8. Repealed. Acts, 2005 Reg. Sess., Ch. 199.

§17-24-9. Repealed. Acts, 2005 Reg. Sess., Ch. 199.

§17-24-10. Repealed. Acts, 2005 Reg. Sess., Ch. 199.

CHAPTER 17, ARTICLE 24A. DISPOSAL OF ABANDONED MOTOR VEHICLES, JUNKED MOTOR VEHICLES, AND ABANDONED OR INOPERATIVE HOUSEHOLD APPLIANCES.

§17-24A-1. Definitions.

§17-24A-2. Abandonment of motor vehicle prohibited; inoperative household appliances prohibited in certain places; penalty.

§17-24A-3. Authority to take possession of abandoned motor vehicles, junked motor vehicles, and inoperative household appliances.

§17-24A-4. Abandoned or junked motor vehicles; notification to motor vehicle owner and lienholder; charges and fees; exceptions.

§17-24A-5. Disposal of abandoned motor vehicles, junked motor vehicles, and inoperative or abandoned household appliances.

§17-24A-6. Proceeds from sale of abandoned motor vehicles, junked motor vehicles, and inoperative household appliances.

§17-24A-6a. Title to abandoned antique motor vehicle; special procedure; notice to owner; fees; criminal penalties.

§17-24A-7. Injunctive relief; additional remedy.

CHAPTER 17, ARTICLE 25. THE WEST VIRGINIA INDUSTRIAL ROAD PARTNERSHIP ACT OF 1989.

§17-25-1. Legislative finding.

§17-25-2. Definitions.

§17-25-3. Application to designate industrial road.

§17-25-4. Industrial roads; how designated.

§17-25-5. Standards to be established by commissioner.

§17-25-6. Special revenue fund created.

§17-25-7. Powers of the commissioner.

§17-25-8. Expiration of article.

§17-25-9. Rules.

§17-25-10. Severability clause; interpretation.

CHAPTER 17, ARTICLE 26. STATE ROAD BONDS.

§17-26-1. Definitions.

§17-26-2. State road general obligation bonds; amount; when may issue.

§17-26-3. Creation of debt service fund; disbursements to pay debt service on state road general obligation bonds.

§17-26-4. Safe road bond debt service fund; sources used to pay bonds and interest; investment of remainder.

§17-26-5. Covenants of state.

§17-26-6. Sale by Governor; minimum price; certification of annual debt service amount.

§17-26-7. Conflicts of interest.

§17-26-8. State road bonds lawful investments.

§17-26-9. Refunding bonds.

§17-26-10. Termination or dissolution.

§17-26-11. Treasurer to determine financial advisor.

§17-26-12. Governor to determine bond counsel.

§17-26-13. Approval and payment of all necessary expenses.

§17-26-14. Dedication of tax.

CHAPTER 17, ARTICLE 26A. ROADS TO PROSPERITY STATE ROAD BONDS.

§17-26A-1. Definitions.

§17-26A-2. State road general obligation bonds; amount; when may issue.

§17-26A-3. Creation of debt service fund to pay debt service on state road general obligation bonds.

§17-26A-4. Roads to Prosperity Bond Debt Service Fund; sources used to pay bonds, interest and cost of issuance; investment of remainder.

§17-26A-5. Covenants of state.

§17-26A-6. Sale by Governor; certification of annual debt service amount.

§17-26A-7. Conflicts of interest.

§17-26A-8. State road bonds lawful investments.

§17-26A-9. Refunding bonds.

§17-26A-10. Termination or dissolution.

§17-26A-11. Treasurer to determine financial advisor.

§17-26A-12. Governor to determine bond counsel.

§17-26A-13. Approval of and payment of all necessary expenses.

§17-26A-14. Dedication of taxes and fees.

CHAPTER 17, ARTICLE 27. PUBLIC-PRIVATE TRANSPORTATION FACILITIES ACT.

§17-27-1. Legislative findings and purposes.

§17-27-2. Definitions.

§17-27-3. Prerequisites for development.

§17-27-4. Powers and duties of the division and other agencies that are part of the department.

§17-27-5. Submission and review of conceptual proposals; approval by the Commissioner of the Division of Highways.

§17-27-6. Service contracts.

§17-27-7. Dedication of public property.

§17-27-8. Powers and duties of the developer.

§17-27-9. Comprehensive agreement.

§17-27-10. Federal, state and local assistance.

§17-27-11. Material default; remedies.

§17-27-12. Governmental entities prohibited from pledging full faith and credit.

§17-27-13. Condemnation.

§17-27-14. Utility crossings.

§17-27-15. Dedication of assets.

§17-27-16. Qualifying a transportation facility as a public improvement.

§17-27-17. Exemptions from taxation.

§17-27-18. Construction.

CHAPTER 17, ARTICLE 28. WEST VIRGINIA COMMUNITY EMPOWERMENT TRANSPORTATION ACT.

§17-28-1. Short title.

§17-28-2. Legislative findings.

§17-28-3. Definitions.

§17-28-4. Governmental entities to submit transportation project requests to commissioner of highways generally; commissioner's powers and duties to implement the act; transportation project plan requirements; Division of Highways plan review; proprietary information.

§17-28-5. Powers conferred on counties; special charges for transportation facilities and projects; election on ordinance for user fees; form of ballots; procedure.

§17-28-6. Issuance of transportation project revenue bonds by county.

§17-28-7. Comprehensive agreement.

§17-28-8. Commissioner's authority over transportation projects accepted into the state road system; use of state road funds.

§17-28-9. Qualifying a transportation project as a public improvement.

§17-28-10. Coordination and development of transportation projects with other infrastructure; information sharing; agreements among municipal utilities and public service districts to participate in transportation projects; rates to include costs borne by municipal utilities and public service districts in coordination with transportation projects; exemption from Public Service Commission approval.

§17-28-11. Excess funds; termination of user fee.

§17-28-12. Severability.

CHAPTER 17, ARTICLE 29. TRANSPORTATION NETWORK COMPANIES.

§17-29-1. Definitions.

§17-29-2. Not other carriers.

§17-29-3. Transportation Network Company permit required.

§17-29-4. Agent.

§17-29-5. Fare collected for services.

§17-29-6. Identification of transportation network company vehicles and drivers.

§17-29-7. Electronic receipt.

§17-29-8. Financial responsibility of transportation network companies.

§17-29-9. Disclosures.

§17-29-10. Automobile insurance provisions.

§17-29-11. Limitation on transportation network companies.

§17-29-12. Zero tolerance for drug or alcohol use.

§17-29-13. Transportation network company driver requirements.

§17-29-14. Vehicle safety and emissions.

§17-29-15. No street hails.

§17-29-16. No cash trips.

§17-29-17. No discrimination; accessibility.

§17-29-18. Records.

§17-29-19. Controlling authority.

CHAPTER 17, ARTICLE 30. ELECTRIC VEHICLE ECONOMIC DEVELOPMENT PLAN.

§17-30-1. Department of Transportation to develop electric vehicle plan.

CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION, CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.

CHAPTER 17A, ARTICLE 1. WORDS AND PHRASES DEFINED.

§17A-1-1. Definitions.

CHAPTER 17A, ARTICLE 2. DIVISION OF MOTOR VEHICLES.

§17A-2-1. Department continued.

§17A-2-2. Commissioner of motor vehicles -- Office created; term; to devote entire time to duties.

§17A-2-3. Commissioner of motor vehicles -- Qualifications; not to hold other office.

§17A-2-4. Same -- Vacancy in office.

§17A-2-5. Commissioner of motor vehicles -- Oath and bond.

§17A-2-6. Commissioner of motor vehicles -- Salary and expenses.

§17A-2-7. Commissioner of motor vehicles -- Organization of department; assistants and employees.

§17A-2-8. Commissioner of motor vehicles -- Office.

§17A-2-9. Same -- Powers and duties; rules; seal.

§17A-2-10. Motor vehicles commissioner -- Reciprocal agreements with other states.

§17A-2-10a. Same -- Authorizing the entry of this state intoreciprocal proportional registration agreements; payment of taxes; issuance of registration plates or markers; promulgation of rules; interagency cooperation; requirement that all registrants pay tax; intermittent interstate commerce and promulgation of rules; proportional registration agreement prevails.

§17A-2-11. Commissioner of motor vehicles -- Delegation of powers and duties.

§17A-2-12. Commissioner of motor vehicles -- Commissioner to prescribe forms.

§17A-2-12a. Commissioner of Motor Vehicles - commissioner shall prescribe forms providing for veteran contributions.

§17A-2-13. Authority to administer oaths and certify copies of records; information as to registration.

§17A-2-14. Destruction of records.

§17A-2-15. Examination, granting and rejection of applications.

§17A-2-16. Cancellation, suspension, seizure, etc., of documents and plates.

§17A-2-17. Distribution of synopsis of motor vehicle laws.

§17A-2-18. Department may summon witnesses and take testimony.

§17A-2-19. Giving of notice.

§17A-2-20. Legal service rendered commissioner.

§17A-2-21. Motor Vehicle Fees Fund.

§17A-2-22. Administrative expense.

§17A-2-23. Worthless checks tendered for fees and taxes; penalty.

§17A-2-24. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§17A-2-25. Agreements with West Virginia Parkways Authority.

§17A-2-26. Enrollment of persons with communication disability.

§17A-2-27. Form for inclusion in enrollment list with a communication disability.

CHAPTER 17A, ARTICLE 2A. UNIFORM MOTOR VEHICLE RECORDS DISCLOSURE ACT.

§17A-2A-1. Short title.

§17A-2A-2. Statement of intent and purpose.

§17A-2A-3. Definitions.

§17A-2A-4. Prohibition on disclosure and use of personal information from motor vehicles records.

§17A-2A-5. Required disclosures.

§17A-2A-6. Disclosure with consent.

§17A-2A-7. Permitted disclosures.

§17A-2A-8. Repealed. Acts, 2001 Reg. Sess., Ch. 200.

§17A-2A-9. Fees.

§17A-2A-10. Additional conditions.

§17A-2A-11. Resale or redisclosure.

§17A-2A-12. Rules.

§17A-2A-13. Penalty for false representation.

§17A-2A-14. Effective date.

CHAPTER 17A, ARTICLE 2B. CONSOLIDATION OF THE REGULATION OF THE MOTOR CARRIER INDUSTRY.

§17A-2B-1. Legislative findings and purpose.

§17A-2B-2. Development of plan of consolidation of government services and regulation applicable to the motor carrier industry.

§17A-2B-3. Report to the Joint Committee on Government and Finance.

CHAPTER 17A, ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF CERTIFICATES OF TITLE.

§17A-3-1. Misdemeanor to violate provisions of article; penalty.

§17A-3-1a. Registration of vehicles of new residents.

§17A-3-2. Every motor vehicle, etc., subject to registration and certificate of title provisions; exceptions.

§17A-3-2a. Registration of nonresident vehicles.

§17A-3-3. Application for registration; statement of insurance or other proof of security to accompany application; criminal penalties; fees; special revolving fund.

§17A-3-3a. Payment of personal property taxes and emergency ambulance fees prerequisite to registration or renewal; duties of assessors; schedule of automobile values.

§17A-3-3b. Motor vehicles believed illegally unregistered; assessor to make verification.

§17A-3-4. Application for certificate of title; fees; abolishing privilege tax; prohibition of issuance of certificate of title without compliance with consumers sales and service tax provisions; exceptions.

§17A-3-5. Application for specially constructed, reconstructed or foreign vehicles or new vehicles purchased outside this state.

§17A-3-6. Temporary permit pending registration and certification.

§17A-3-7. Grounds for refusing registration or certificate of title.

§17A-3-8. Examination of registration records and index of stolen and recovered vehicles.

§17A-3-9. Act of registration and record thereof; registration indexes.

§17A-3-10. Division to issue registration card; duplicate to county assessor.

§17A-3-11. Registration of vehicles according to permissible gross weight.

§17A-3-12. Commissioner to issue certificate of title; signatures on certificate; certificate of title to be delivered to owner or lienor.

§17A-3-12a. Disclosure of odometer information; exceptions; penalties.

§17A-3-12b. Canceled certificates of title for certain mobile and manufactured homes; reissuance of certificates of title; procedure.

§17A-3-13. Registration card to be carried and exhibited on demand.

§17A-3-14. Registration plates generally; description of plates; issuance of special numbers and plates; registration fees; special application fees; exemptions; commissioner to promulgate forms; suspension and nonrenewal. suspension of registration; electronic signatures.

§17A-3-14a. Special registration plates for government officials.

§17A-3-14b. Special registration plates for military personnel.

§17A-3-14c. Specially arranged registration plates.

§17A-3-14d. Special honorary military plates.

§17A-3-14e. Special registration plates for organizations.

§17A-3-14f. Special 10-year registration plates.

§17A-3-14g. Special registration plates for first responders.

§17A-3-14h. Special themed registration plates.

§17A-3-14i. Manufacturing of certain special registration plates; rulemaking.

§17A-3-15. Display of registration plates.

§17A-3-16. Expiration of registration and certificates of title.

§17A-3-17. Application for and renewal of registration; sheriffs authorized to issue renewals of registration for certain vehicles.

§17A-3-17a. Application for registration; certain motor vehicle dealers authorized to issue certificates of registration for certain vehicles.

§17A-3-18. Notice of change of address or name.

§17A-3-19. Lost or damaged certificates, cards and plates.

§17A-3-20. Department may assign new identifying numbers.

§17A-3-21. Regulations governing change of motors.

§17A-3-22. Issuance and distribution of registration bulletins.

§17A-3-23. Registration plates to state, county, municipal and other governmental vehicles; use for undercover activities.

§17A-3-24. Emergency waiver of registration and licensing requirements; conditions and limitations; statement of purpose; length of emergency waiver period; promulgation of rules.

§17A-3-25. State vehicle title, registration and relicensing project of 2018; emergency and legislative rules

§17A-3-26. Enforcement; report.

§17A-3-27. Compliance audit.

CHAPTER 17A, ARTICLE 3A. VEHICLE COMPLIANCE WITH FEDERAL CLEAN AIR STANDARDS AND VEHICLE SAFETY.

§17A-3A-1. Repealed. Acts, 2003 Reg. Sess., Ch. 155.

§17A-3A-2. Consumer disclosure.

§17A-3A-3. Certificates of title.

CHAPTER 17A, ARTICLE 4. TRANSFERS OF TITLE OR INTEREST.

§17A-4-1. Registration expires on transfer by owner; transfer, surrender or retention of plates.

§17A-4-2. Endorsement of certificate of title upon transfer by owner.

§17A-4-3. New owner must secure registration and certificate of title.

§17A-4-4. Transfers to dealers and others.

§17A-4-5. Transfer by operation of law.

§17A-4-6. When department to register vehicle and issue new certificate; file of surrendered certificates.

§17A-4-7. Release by lienholder to owner.

§17A-4-8. Failure to deliver certificate a misdemeanor.

§17A-4-9. Owner after transfer not liable for negligent operation.

§17A-4-10. Salvage certificates for certain wrecked or damaged vehicles; fee; penalty.

§17A-4-11. Title Clearinghouse.

§17A-4-12. Repealed. Acts, 1970 Reg. Sess., Ch. 56.

CHAPTER 17A, ARTICLE 4A. LIENS AND ENCUMBRANCES ON VEHICLES TO BE SHOWN ON CERTIFICATE OF TITLE; NOTICE TO CREDITORS AND PURCHASERS.

§17A-4A-1. Certificate to show liens or encumbrances.

§17A-4A-2. Liens and encumbrances subsequently created.

§17A-4A-2a. Electronic transfer of liens.

§17A-4A-3. Notice of lien; noninventory lien created by voluntary act of the owner not shown on certificate of title or otherwise perfected void as to subsequent purchasers and lien creditors; exceptions.

§17A-4A-4. Purchase money lien or encumbrance; effective date of lien; dealer to record lien; fees.

§17A-4A-5. Priority of liens shown on certificate.

§17A-4A-6. Who to hold certificate of title subject to lien; transfer of possession upon satisfaction of lien; assignment of obligation by lien holder.

§17A-4A-7. Release of lien or encumbrance shown on certificate of title.

§17A-4A-8. Failure to execute release or to surrender certificate when lien paid.

§17A-4A-9. Levy of execution, etc.

§17A-4A-10. Fee for recording and release of lien.

§17A-4A-11. Article to create no cause of action against lienor for damage to property or injury to person.

§17A-4A-12. Article not to apply to certain common-law and statutory liens.

§17A-4A-13. Article not to apply to vehicle accessories.

§17A-4A-14. Effect of article on liens and encumbrances created in transactions consummated before vehicle brought into state and subject to registration and titling in state.

§17A-4A-15. Expiration of lien or encumbrance; refiling.

§17A-4A-16. Vehicle leases which are not sales or security interests.

CHAPTER 17A, ARTICLE 5. PERMITS TO NONRESIDENT OWNERS.

§17A-5-1. Exemptions from registration of nonresident owners; special permit and certificate in lieu of registration for nonresidents maintaining temporary and recurrent or seasonal residence in state.

CHAPTER 17A, ARTICLE 6. LICENSING OF DEALERS AND WRECKERS OR DISMANTLERS; SPECIAL PLATES; TEMPORARY PLATES OR MARKERS.

§17A-6-1. Definitions.

§17A-6-1a. Unlawful to be an automobile broker; definition; criminal penalties.

§17A-6-1b. Dealers authorized to issue motor vehicle registration.

§17A-6-2. Legislative findings, declaration of public policy and dealer recovery fund.

§17A-6-2a. Dealer recovery fund created.

§17A-6-3. License certificate required; engaging in more than one business; established place of business required; civil penalties.

§17A-6-4. Application for license certificate; insurance; bonds; investigation; information confidential.

§17A-6-5. License certificate exemption.

§17A-6-5a. Reciprocity for out-of-state dealers; establishing violations of this section as misdemeanor offense; mandating that the commissioner propose or amend legislative rules.

§17A-6-6. Refusal or issuance of license certificate; license certificate not transferable.

§17A-6-7. When application to be made; expiration of license certificate; renewal.

§17A-6-8. Form and display of license certificate or certified copy thereof; obtaining certified copy of license certificate; bond.

§17A-6-9. Changes in business; action required; applications for and issuance of certificates; fees.

§17A-6-10. Fee required for license certificate; dealer special plates.

§17A-6-10a. Special plates for manufacturers and transporters; fee.

§17A-6-10b. Special plates for financial institutions; fee.

§17A-6-10c. Special demonstration plates for dealers in trailers, truck-tractors, road-tractors and trucks; application; fee.

§17A-6-10d. Special plates for nonprofit corporations engaged in research and development.

§17A-6-11. Expiration of special plates.

§17A-6-12. Operation of vehicles under special plates.

§17A-6-13. Use of special plates; records to be maintained by dealer.

§17A-6-14. Operation of motor vehicles by certain dealers under special permits.

§17A-6-15. Temporary registration plates or markers.

§17A-6-15a. Temporary registration plates for auto mechanics; fees.

§17A-6-16. Records must be kept and maintained.

§17A-6-17. Sales instrument; full disclosure required.

§17A-6-17a. Approved practices.

§17A-6-18. Investigation; matters confidential; grounds for suspending or revoking license or imposing fine; suspension and revocation generally.

§17A-6-18a. Motor Vehicle Dealers Advisory Board.

§17A-6-18b. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§17A-6-19. Notice of refusal, or suspension or revocation, of license certificate or of suspension of right to issue temporary registration plates or markers or of suspension of a dealer special plate or plates; relinquishing license certificate, dealer special plate or plates and temporary plates or markers.

§17A-6-20. Repealed. Acts, 1986 Reg. Sess., Ch. 153.

§17A-6-21. Repealed. Acts, 1986 Reg. Sess., Ch. 153.

§17A-6-22. Original action by board; matters confidential.

§17A-6-23. Judicial review.

§17A-6-24. Actions to enjoin violations; injunctive relief.

§17A-6-25. Inspections; violations and penalties.

§17A-6-25a. Civil penalties.

§17A-6-26. Construction.

CHAPTER 17A, ARTICLE 6A. MOTOR VEHICLE DEALERS, DISTRIBUTORS, WHOLESALERS AND MANUFACTURERS.

§17A-6A-1. Legislative finding.

§17A-6A-2. Governing law.

§17A-6A-3. Definitions.

§17A-6A-4. Cancellation of dealer contract; notification.

§17A-6A-5. Circumstances not constituting good cause.

§17A-6A-6. Burden of proof.

§17A-6A-7. Notice provisions.

§17A-6A-8. Reasonable compensation to dealer.

§17A-6A-8a. Compensation to dealers for service rendered.

§17A-6A-9. Payment of compensation.

§17A-6A-10. Prohibited practices.

§17A-6A-11. Motor vehicle dealer successorship or change in executive management.

§17A-6A-12. Establishment and relocation or establishment of additional dealers.

§17A-6A-12a. Restriction on motor vehicle dealer's use of dealership property.

§17A-6A-13. Obligations regarding warranties.

§17A-6A-14. Acceptance of vehicles; risk of loss or damage.

§17A-6A-14a. Open account protection.

§17A-6A-15. Indemnity.

§17A-6A-15a. Dealer data, obligation of manufacturer, vendors, suppliers and others; consent to access dealership information; unlawful activities; indemnification of dealer.

§17A-6A-15b. Exports; rebuttable presumption on behalf of dealer.

§17A-6A-15c. Manufacturer performance standards; uniform application; prohibited practices.

§17A-6A-16. Actions at law; damages.

§17A-6A-17. Injunctive relief.

§17A-6A-18. West Virginia law to apply.

CHAPTER 17A, ARTICLE 6B. LICENSE SERVICES.

§17A-6B-1. License certificate required; application.

§17A-6B-2. Applicant must be bonded.

§17A-6B-3. Fee required for license certificate; special fund created.

§17A-6B-4. Investigation prior to issuance of license certificate; information confidential.

§17A-6B-5. Refusal of license certificate.

§17A-6B-6. When application to be made; expiration of license certificate; renewal.

§17A-6B-7. Form and display of license certificate; certified copies of license.

§17A-6B-8. Changes in business; action required.

§17A-6B-9. Investigation; grounds for suspending or revoking license certificate; notice of refusal, suspension or revocation of license certificate; relinquishing license certificate and temporary plates or markers.

§17A-6B-10. Temporary registration plates or markers.

§17A-6B-11. Inspections; violations and penalties.

§17A-6B-12. Injunctive relief.

§17A-6B-13. Promulgation of rules.

CHAPTER 17A, ARTICLE 6C. AUTOMOBILE AUCTION BUSINESSES.

§17A-6C-1. License certificate required; application form; prohibited acts; reassignment of title; and exemption from privilege tax.

§17A-6C-2. Bonds and insurance.

§17A-6C-3. Established place of business requirements.

§17A-6C-4. Fee required for license certificate.

§17A-6C-5. Investigation prior to issuance of license certificate; information confidential.

§17A-6C-6. Refusal of license certificate.

§17A-6C-7. Licensing period, renewal and expiration.

§17A-6C-8. Form and display of license certificate; certified copies of license.

§17A-6C-9. Changes in business; action required.

§17A-6C-10. Investigation; grounds for suspending or revoking license certificate; notice of refusal, suspension or revocation of license certificate; relinquishing license certificate and temporary plates or markers.

§17A-6C-11. Temporary registration plates or markers.

§17A-6C-12. Use of special plates; records to be maintained by automobile auction business; operation of vehicles under special plates; expiration of special plate.

§17A-6C-13. Records must be kept and maintained.

§17A-6C-14. Notice of refusal, or suspension or revocation, of license certificate or of suspension of right to issue temporary registration plates or markers or of suspension of an automobile auction special plate or plates; relinquishing license certificate, dealer special plate or plates and temporary plates or markers.

§17A-6C-15. Inspections; violations and penalties.

§17A-6C-16. Injunctive relief.

§17A-6C-17. Promulgation of rules.

CHAPTER 17A, ARTICLE 6D. DAILY PASSENGER RENTAL CAR BUSINESS.

§17A-6D-1. License certificate required; application.

§17A-6D-2. Collection of daily passenger car rental tax imposed.

§17A-6D-3. Liability of officers of corporation, etc.

§17A-6D-4. Annual return; extension of time.

§17A-6D-5. Applicant must be bonded.

§17A-6D-6. Fee required for license certificate.

§17A-6D-7. Investigation prior to issuance of license certificate; information confidential.

§17A-6D-8. Refusal of license certificate.

§17A-6D-9. When application to be made; expiration of license certificate; renewal.

§17A-6D-10. Form and display of license certificate; certified copies of license.

§17A-6D-11. Changes in business; action required.

§17A-6D-12. Investigation; grounds for suspending or revoking a license certificate; notice of refusal, suspension or revocation of license certificate; relinquishing license certificate.

§17A-6D-13. Inspections; violations and penalties.

§17A-6D-14. Injunctive relief.

§17A-6D-15. Promulgation of rules.

§17A-6D-16. Vehicle license cost recovery fee charged by daily passenger rental car company.

§17A-6D-17. Authorized administrative fees.

CHAPTER 17A, ARTICLE 6E. MOTOR VEHICLE SALESPERSON LICENSE.

§17A-6E-1. Findings and purpose.

§17A-6E-2. Definitions.

§17A-6E-3. License required.

§17A-6E-4. Eligibility and issuance of license.

§17A-6E-5. Expiration of license, renewal and expired license.

§17A-6E-6. Change of employer.

§17A-6E-7. Change of address, lost or stolen license, duplicate license.

§17A-6E-8. Display of license.

§17A-6E-9. Revocation, suspension, or refusal to renew license.

§17A-6E-10. Administrative due process.

§17A-6E-11. Investigation, matters, confidential.

§17A-6E-12. Injunctive relief.

§17A-6E-13. Authority for rules.

§17A-6E-14. Motor Vehicle Salesperson License Fund.

CHAPTER 17A, ARTICLE 6F. PEER-TO-PEER CAR SHARING PROGRAMS

§17A-6F-1. Scope.

§17A-6F-2. Definitions.

§17A-6F-3. Insurance coverage during car sharing period.

§17A-6F-4. Notification of implications of lien.

§17A-6F-5. Exclusions for personal vehicle liability insurance policy.

§17A-6F-6. Recordkeeping; use of vehicle in car sharing.

§17A-6F-7. Exemption; vicarious liability.

§17A-6F-8. Contribution against indemnification.

§17A-6F-9. Insurable interest.

§17A-6F-10. Consumer protections for car sharing programs.

§17A-6F-11. Driver’s license verification and data retention.

§17A-6F-12. Responsibility for equipment of a shared vehicle.

§17A-6F-13. Registration, notification, and automobile safety recalls.

§17A-6F-14. Regulation of peer-to-peer car sharing programs at airports and airport facilities.

§17A-6F-15. Controlling authority; taxation and other requirements of a peer-to-peer car sharing program.

CHAPTER 17A, ARTICLE 7. SPECIAL STICKERS.

§17A-7-1. Operation of vehicles by financial institution or wrecker under special stickers; application and fees; expiration.

§17A-7-2. Operation of motor vehicles by dealers or other persons under special stickers; application and fees; expiration.

§17A-7-3. Operation of house trailer under special stickers; application and fees; expiration; issuance of special stickers to holders of Class B registration plates.

CHAPTER 17A, ARTICLE 8. SPECIAL ANTITHEFT LAWS.

§17A-8-1. Report by police of stolen and recovered vehicles or special mobile equipment.

§17A-8-2. Reports by owners or lienors of stolen and recovered vehicles or special mobile equipment.

§17A-8-3. Action by department on report of stolen or embezzled vehicle or special mobile equipment.

§17A-8-4. Unlawful taking of vehicle.

§17A-8-5. Receiving or transferring stolen vehicle.

§17A-8-6. Injuring or tampering with vehicle or special mobile equipment.

§17A-8-7. Motor vehicle or special mobile equipment without manufacturer's serial number, motor or engine number or other distinguishing number or identification mark; offenses.

§17A-8-8. Altering or changing a manufacturer's serial number, motor or engine number or other distinguishing number or identification mark; offenses.

§17A-8-9. Theft of a rental vehicle; penalty.

§17A-8-10. Unlawful retention of rented or leased vehicle after notice.

§17A-8-11. Unlawful acts relating to certificates of title, blank certificates of title and blank registration forms; penalty.

§17A-8-12. Recovery of special mobile equipment; chain of custody; sale of unclaimed special mobile equipment; penalties.

§17A-8-13. Theft of a motor vehicle offered for sale which had been obtained for temporary use for demonstration purposes; penalty.

CHAPTER 17A, ARTICLE 9. OFFENSES AGAINST REGISTRATION LAWS AND SUSPENSION OR REVOCATION OF REGISTRATION.

§17A-9-1. Fraudulent applications.

§17A-9-2. Operation of vehicles without evidences of registration; use of temporary facsimile; penalty.

§17A-9-3. Improper use of evidences of registration.

§17A-9-4. False evidences, forgery, etc., of title and registration.

§17A-9-5. Authority of division to suspend or revoke registration, certificate, etc.

§17A-9-6. References elsewhere to this section shall be read, construed and understood to mean §17A-6-18.

§17A-9-7. Surrender of evidence of registration, etc., upon cancellation, suspension or revocation; willful failure or refusal to surrender; fee for reinstatement.

CHAPTER 17A, ARTICLE 10. FEES FOR REGISTRATION, LICENSING, ETC.

§17A-10-1. Classification of vehicles for purpose of registration.

§17A-10-2. Registration fees of motor vehicles used for transportation of property and persons determined by declared gross weight.

§17A-10-3. Registration fees for vehicles equipped with pneumatic tires.

§17A-10-3a. Special registration of antique motor vehicles and motorcycles; definition, registration, and use of classic motor vehicles and classic motorcycles; customized antique plates.

§17A-10-3b. Motorcycle safety fee.

§17A-10-3c. Additional registration fees for alternative fuel vehicles.

§17A-10-4. Registration fees for vehicles equipped with other than pneumatic tires.

§17A-10-5. Public service commission assessment must be paid before vehicle registered; suspension of registration cards and plates issued to motor carriers; privilege to exchange suspended registration cards and plates.

§17A-10-6. Repealed. Acts, 1969 Reg. Sess., Ch. 114.

§17A-10-7. Reduced fees for portion of year.

§17A-10-8. Vehicles exempt from payment of registration fees.

§17A-10-9. Municipalities and other political subdivisions not to levy or charge license tax on motor vehicles.

§17A-10-10. Fees upon transfer of registration and issuance of certificates of title.

§17A-10-11. Fees for duplicate registration plates, registration cards and certificates of title.

§17A-10-12. When fees returnable.

§17A-10-13. Payment of fees and passenger seat tax to cities or towns.

§17A-10-14. Registration plate for amateur radio station operators; fees; rules and forms.

§17A-10-15. Additional fee for contribution to the highway litter control fund.

§17A-10-16. Fee for the A. James Manchin Fund.

§17A-10-17. Fee for West Virginia Parkways Authority Single Fee Program.

CHAPTER 17A, ARTICLE 11. PENALTIES.

§17A-11-1. Violations of chapter; penalty for misdemeanor.

§17A-11-2. Penalty for felony.

§17A-11-3. Jurisdiction of crimes by justices.

§17A-11-4. Authority of members of official highway department weighing crews and Public Service Commission, motor carrier employees.

CHAPTER 17A, ARTICLE 12. SEVERABILITY AND EFFECT OF CHAPTER.

§17A-12-1. Severability.

§17A-12-2. Repeal of inconsistent provisions.

CHAPTER 17A, ARTICLE 13. STREET-LEGAL SPECIAL PURPOSE VEHICLES.

§17A-13-1. Street-legal special purpose vehicles; operation on highways; registration procedures; licensing requirements; equipment requirements.

CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.

CHAPTER 17B, ARTICLE 1. WORDS AND PHRASES DEFINED.

§17B-1-1. Definitions.

CHAPTER 17B, ARTICLE 1A. DRIVER LICENSE COMPACT.

§17B-1A-1. Authorization.

§17B-1A-2. Definitions; implementation of compact.

CHAPTER 17B, ARTICLE 1B. DRIVERS' OR CHAUFFEURS' LICENSE IDENTIFICATION OF ANATOMICAL ORGAN DONORS.

§17B-1B-1. Commissioner to adopt and implement program.

§17B-1B-2. License application to contain space for donor.

§17B-1B-3. Commissioner to publish information and notify other states of program.

§17B-1B-4. Anatomical gift act not affected.

CHAPTER 17B, ARTICLE 1C. NONRESIDENT VIOLATOR COMPACT.

§17B-1C-1. Authorization for entry into nonresident violator compact.

§17B-1C-2. Definitions.

§17B-1C-3. Compact administrator.

§17B-1C-4. Entry into other nonresident violator compacts.

CHAPTER 17B, ARTICLE 1D. MOTORCYCLE SAFETY EDUCATION.

§17B-1D-1. Legislative findings.

§17B-1D-2. Program established.

§17B-1D-3. Rider training.

§17B-1D-4. Instructor training and qualification.

§17B-1D-5. Program implementation.

§17B-1D-6. Exemption from motorcycle license examination.

§17B-1D-7. Motorcycle safety account.

§17B-1D-8. Motorcycle safety awareness board continued.

§17B-1D-9. Authority to promulgate rules.

§17B-1D-10. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 17B, ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.

§17B-2-1. Drivers must be licensed; types of licenses; licensees need not obtain local government license; motorcycle driver license; identification cards.

§17B-2-1a. Surrender of license from other state or jurisdiction prior to receipt of license from this state; examination; fees required.

§17B-2-1b. Transfer of driver's licensing examination function.

§17B-2-1c. Temporary identification card for released inmates.

§17B-2-2. Persons exempt from license.

§17B-2-3. What persons may not be licensed; exceptions.

§17B-2-3a. Graduated driver’s license.

§17B-2-4. Persons prohibited from driving school buses or transporting persons or property for compensation.

§17B-2-5. Qualifications, issuance and fee for instruction permits.

§17B-2-5a. Training, certification and monitoring of license examiners.

§17B-2-6. Application for license or instruction permit; fee to accompany application.

§17B-2-6a. Voluntary contribution to State Police Forensic Laboratory Fund.

§17B-2-7. Examination of applicants.

§17B-2-7a. Driver's Licensing Advisory Board.

§17B-2-7b. Separate examination and endorsement for a license valid for operation of motorcycle.

§17B-2-7c. Motorcycle license examination fund.

§17B-2-8. Issuance and contents of licenses; fees.

§17B-2-9. License to be carried and exhibited on demand; penalty.

§17B-2-9a. Exemptions of certain railroad workers.

§17B-2-10. Restricted licenses.

§17B-2-11. Duplicate permits and licenses.

§17B-2-12. Expiration of licenses.

§17B-2-12a. Renewal of driver's license upon expiration; vision screening; renewal fees.

§17B-2-13. Notice of change of address or name.

§17B-2-14. Records and indices to be kept by the division.

§17B-2-15. Authority for rules.

CHAPTER 17B, ARTICLE 2A. REQUIREMENT OF COMPLIANCE WITH SELECTIVE SERVICE REGISTRATION.

§17B-2A-1. Legislative intent.

§17B-2A-2. Compliance with registration requirements of Military Selective Service Act.

CHAPTER 17B, ARTICLE 2B. LICENSE TO OPERATE A MOTOR VEHICLE WITH BIOPTIC TELESCOPIC DEVICE.

§17B-2B-1. Definitions.

§17B-2B-2. Class G instruction permit or driver’s license; participation in approved driver training program; eligibility criteria; required curriculum.

§17B-2B-3. Class G instruction permit; eligibility criteria; restrictions; duration of permit.

§17B-2B-4. Class G driver’s license; eligibility criteria; duration of license; surrender of current license; provisions not applicable to persons already licensed to drive with bioptic device.

§17B-2B-5. Restrictions on Class G driver's license; removal of daytime driving restriction.

§17B-2B-6. Restricted out-of-state drivers; required to obtain Class G driver’s license; surrender of current license; waiver of requirement to participate in an approved driver training program.

§17B-2B-7. Renewal of license.

§17B-2B-8. Suspension, revocation and reinstatement of license.

§17B-2B-9. Commissioner and director to collect information regarding Class G licensees; report to Legislature.

§17B-2B-10. Rules.

§17B-2B-11. Applicability.

CHAPTER 17B, ARTICLE 3. CANCELLATION, SUSPENSION OR REVOCATION OF LICENSES.

§17B-3-1. Authority of division to cancel license.

§17B-3-2. Suspending privileges of nonresidents and reporting convictions.

§17B-3-3. Suspending resident's license upon conviction in another state.

§17B-3-3a. Suspending license for failure to respond or appear in court.

§17B-3-3c. Suspending license for failure to appear in court.

§17B-3-4. Abstract of judgment of conviction for violation of motor vehicle laws to be sent to division.

§17B-3-5. Grounds for mandatory revocation of license by department.

§17B-3-6. Authority of division to suspend, restrict, or revoke license; hearing.

§17B-3-7. Department may require reexamination.

§17B-3-8. Suspension for more than one year.

§17B-3-9. Surrender and return of license not required.

§17B-3-10. No operation under foreign license during suspension or revocation in this state.

§17B-3-11. Mandatory revocation of license of certain blind persons.

§17B-3-12. Mandatory suspension for fraudulent use of driver's license.

§17B-3-13. Reports by health care providers.

CHAPTER 17B, ARTICLE 4. VIOLATION OF LICENSE PROVISIONS.

§17B-4-1. Unlawful use of license or nonoperator's identification; license and nonoperator's identification violations generally.

§17B-4-2. False affidavits.

§17B-4-3. Driving while license suspended or revoked; driving while license revoked for driving under the influence of alcohol, controlled substances or drugs, or while having alcoholic concentration in the blood of eight hundredths of one percent or more, by weight, or for refusing to take secondary chemical test of blood alcohol contents.

§17B-4-4. Permitting unauthorized person to drive.

§17B-4-5. Employing unlicensed chauffeur.

§17B-4-6. Renting motor vehicle to another.

CHAPTER 17B, ARTICLE 5. PENALTIES.

§17B-5-1. Violations of chapter; penalty for misdemeanor.

§17B-5-2. Jurisdiction of crimes by justices.

CHAPTER 17B, ARTICLE 6. EFFECT OF CHAPTER.

§17B-6-1. Constitutionality.

§17B-6-2. Repeal of inconsistent provisions.

CHAPTER 17B, ARTICLE 7. SECOND CHANCE DRIVER’S LICENSE PROGRAM.

§17B-7-1. Short Title.

§17B-7-2. Legislative findings and purpose.

§17B-7-3. Definitions.

§17B-7-4. Second chance driver's license program established; creation and administration by director; program eligibility.

§17B-7-5. Program acceptance; development of consolidated repayment schedule; no other court fee payments required.

§17B-7-6. Payments to be made to director; certificate of compliance; failure to comply with consolidated repayment schedule.

§17B-7-7. Stay of driver's license suspension or revocation.

§17B-7-8. Second Chance Driver's License Program Account created.

§17B-7-9. Deposit of funds into account; disbursement of funds from account.

§17B-7-10. Rule-making authority.

§17B-7-11. Sunset provision.

CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.

CHAPTER 17C, ARTICLE 1. WORDS AND PHRASES DEFINED.

§17C-1-1. Definitions generally.

§17C-1-2. Vehicle.

§17C-1-3. Motor vehicle.

§17C-1-4. Motorcycle.

§17C-1-5. Motor-driven cycle.

§17C-1-5a. Moped.

§17C-1-6. Authorized emergency vehicle.

§17C-1-7. School bus.

§17C-1-8. Bicycle.

§17C-1-9. Truck tractor.

§17C-1-10. Farm tractor.

§17C-1-11. Road tractor.

§17C-1-12. Truck.

§17C-1-13. Bus.

§17C-1-14. Trackless trolley coach.

§17C-1-15. Trailer.

§17C-1-16. Semitrailer.

§17C-1-17. Pole trailer.

§17C-1-18. Pneumatic tire.

§17C-1-19. Solid tire.

§17C-1-20. Metal tire.

§17C-1-21. Railroad.

§17C-1-22. Railroad train.

§17C-1-23. Streetcar.

§17C-1-24. Explosives.

§17C-1-25. Flammable liquid.

§17C-1-26. Gross weight.

§17C-1-27. Commissioner.

§17C-1-28. Division.

§17C-1-29. Person.

§17C-1-30. Pedestrian.

§17C-1-31. Driver.

§17C-1-32. Owner.

§17C-1-33. Police officer.

§17C-1-34. Local authorities.

§17C-1-35. Street or highway.

§17C-1-36. Private road or driveway; private property.

§17C-1-37. Roadway.

§17C-1-38. Sidewalk.

§17C-1-39. Laned roadway.

§17C-1-40. Through highway.

§17C-1-41. Controlled-access highway.

§17C-1-42. Intersection.

§17C-1-43. Crosswalk.

§17C-1-44. Safety zone.

§17C-1-45. Business district.

§17C-1-46. Residence district.

§17C-1-47. Traffic-control devices.

§17C-1-48. Traffic-control signal.

§17C-1-49. Railroad sign or signal.

§17C-1-50. Traffic.

§17C-1-51. Right-of-way.

§17C-1-52. Stop.

§17C-1-53. Stop, stopping, or standing.

§17C-1-54. Park

§17C-1-55. School grounds.

§17C-1-56. Axle group.

§17C-1-57. Tandem axle.

§17C-1-58. Tandem axle weight.

§17C-1-59. Connecting mechanism.

§17C-1-60. Parking area.

§17C-1-61. Institution of higher education.

§17C-1-62. Residential street.

§17C-1-63. Digger/derrick line truck.

§17C-1-64. Passenger van.

§17C-1-65. Wheelchair.

§17C-1-66. Electric personal assistive mobility device.

§17C-1-67. Drug.

§17C-1-68. Controlled substance.

§17C-1-69. Autocycle.

§17C-1-70. Electric bicycles; definitions.

CHAPTER 17C, ARTICLE 2. OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS.

§17C-2-1. Provisions of chapter refer to vehicles upon streets and highways; exceptions.

§17C-2-2. Required obedience to traffic laws.

§17C-2-3. Enforcement of chapter; designation and power of special officers; bond of special officers; failure to obey police officer or special officers.

§17C-2-4. Obedience to chapter of public officers and employees; chapter inapplicable to persons engaged in highway surface work.

§17C-2-5. Authorized emergency vehicles.

§17C-2-6. Traffic laws apply to persons riding animals or driving animal-drawn vehicles.

§17C-2-7. Uniformity of provisions of chapter throughout state.

§17C-2-8. Powers of local authorities.

§17C-2-9. Chapter not to interfere with rights of owners of real property

CHAPTER 17C, ARTICLE 3. TRAFFIC SIGNS, SIGNALS AND MARKINGS.

§17C-3-1. Adoption of manual and specifications for uniform system of traffic-control devices.

§17C-3-2. Placing and maintaining traffic-control devices and signs on state highways.

§17C-3-3. Local traffic-control devices.

§17C-3-4. Obedience to traffic-control devices; official signs to be in proper position, etc; penalty.

§17C-3-4a. Obedience to traffic-control instructions at site of street or highway construction or maintenance; penalty.

§17C-3-4b. Traffic violations in construction zones; posting requirement; criminal penalty.

§17C-3-5. Traffic-control signal legend.

§17C-3-6. Pedestrian walk and wait signals; penalty.

§17C-3-7. Flashing signals.

§17C-3-8. Display of unauthorized devices, signs, etc.; such devices, etc., declared nuisance and subject to removal.

§17C-3-9. Interference with official traffic-control devices or railroad signs or signals.

§17C-3-10. Interference with official traffic-control devices by infrared or electronic devices.

CHAPTER 17C, ARTICLE 4. ACCIDENTS.

§17C-4-1. Crashes involving death or personal injuries; Erin's Law.

§17C-4-2. Crashes involving damage to vehicle.

§17C-4-3. Duty to give information and render aid.

§17C-4-4. Duty upon striking unattended vehicle.

§17C-4-5. Duty upon striking fixtures upon a highway.

§17C-4-6. Immediate notification of crashes.

§17C-4-7. Reports of crashes.

§17C-4-8. When driver unable to report.

§17C-4-9. Crash report forms.

§17C-4-10. Penalty for failure to notify law enforcement.

§17C-4-11. Coroners to report on crash victims.

§17C-4-12. Garages to report bullet damage.

§17C-4-13. Repealed. Acts, 1998 Reg. Sess., Ch. 316.

§17C-4-14. Division of Highways to tabulate and analyze crash reports.

§17C-4-15. Any incorporated city, town, etc., may require crash reports.

§17C-4-16. Crashes involving state and municipal property; reports to be provided.

§17C-4-17. Notification of landowner when accident damages livestock fence.

CHAPTER 17C, ARTICLE 5. SERIOUS TRAFFIC OFFENSES.

§17C-5-1. Negligent homicide; penalties.

§17C-5-2. Driving under influence of alcohol, controlled substances, or drugs; penalties.

§17C-5-2a. Definition of phrase “in this state”; phrases synonymous with driving under the influence of alcohol; validation of warrants and indictments.

§17C-5-2b. Deferral of further proceedings for certain first offenses upon condition of participation in Motor Vehicle Alcohol Test and Lock Program; procedure on charge of violation of conditions.

§17C-5-3. Reckless driving; penalties.

§17C-5-4. Implied consent to test; administration at direction of law-enforcement officer; designation of type of test; definition of “law-enforcement officer”.

§17C-5-5. Preliminary analysis of breath to determine alcoholic content of blood.

§17C-5-6. How blood test administered; additional test at option of person tested; use of test results; certain immunity from liability incident to administering test.

§17C-5-6a. Taking a child into custody; driving a motor vehicle with any amount of blood alcohol.

§17C-5-7. Refusal to submit to tests; revocation of license or privilege; consent not withdrawn if person arrested is incapable of refusal; hearing.

§17C-5-7a. Suspension of license to operate a motor vehicle for refusal of secondary test; refusal review hearing.

§17C-5-8. Interpretation and use of chemical test.

§17C-5-9. Right to demand test.

§17C-5-10. Fee for withdrawing blood sample and making urine test; payment of fees.

§17C-5-11. Municipal ordinances to contain same elements as offenses under this article; penalties in municipal ordinances required to conform to state penalties.

§17C-5-12. Report to the Legislature.

CHAPTER 17C, ARTICLE 5A. ADMINISTRATIVE PROCEDURES FOR SUSPENSION AND REVOCATION OF LICENSES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL, CONTROLLED SUBSTANCES OR DRUGS.

§17C-5A-1. Report to be submitted to commissioner following arrest for driving under the influence of alcohol, controlled substances, or drugs or refusal to submit to secondary chemical test; report to the court.

§17C-5A-1a. Revocation upon conviction for driving under the influence of alcohol, controlled substances, or drugs.

§17C-5A-2. Hearing; revocation; review.

§17C-5A-2a. Assessment of costs; special account created.

§17C-5A-2b. Administrative hearing, revocation, and review process terminated on July 1, 2020.

§17C-5A-3. Safety and treatment program; reissuance of license.

§17C-5A-3a. Establishment of and participation in the Motor Vehicle Alcohol and Drug Test and Lock Program.

§17C-5A-4. Search for record of prior offenses by driver.

§17C-5A-5. Repealed. Acts, 1981 Reg. Sess., Ch. 159.

§17C-5A-6. Repealed. Acts, 1981 Reg. Sess., Ch. 159.

§17C-5A-7. Repealed. Acts, 1981 Reg. Sess., Ch. 159.

§17C-5A-8. Repealed. Acts, 1981 Reg. Sess., Ch. 159.

CHAPTER 17C, ARTICLE 5B. POSTMORTEM TESTS FOR ALCOHOL IN PERSONS KILLED IN MOTOR VEHICLE ACCIDENTS.

§17C-5B-1. Blood test for alcohol in drivers and adult pedestrians killed in motor vehicle accidents; time limit for conducting test; who may conduct test; express consent to withdraw blood from dead body granted; granting civil and criminal immunity to person conducting test; fee for test.

§17C-5B-2. To whom and how county medical examiners report results of blood tests; such reports admissible as evidence; use of reports only for statistical and highway safety purposes.

CHAPTER 17C, ARTICLE 5C. OFFICE OF ADMINISTRATIVE HEARINGS.

§17C-5C-1. Office created; appointment of Chief Hearing Examiner.

§17C-5C-1a. Termination of Office of Administrative Hearings; transfer of jurisdiction.

§17C-5C-2. Organization of office.

§17C-5C-3. Jurisdiction of Office of Administrative Hearings.

§17C-5C-4. Hearing procedures.

§17C-5C-4a. Rule-making authority.

§17C-5C-4b. Duty to provide notice of change of address.

§17C-5C-5. Transition from Division of Motor Vehicles to the Office of Administrative Hearings.

CHAPTER 17C, ARTICLE 5D. OPEN CONTAINER LAWS.

§17C-5D-1. Purpose.

§17C-5D-2. Definitions.

§17C-5D-3. Possession of an open alcoholic beverage container in the passenger area of a motor vehicle; exceptions; penalties.

§17C-5D-4. Procedure on arrest.

CHAPTER 17C, ARTICLE 6. SPEED RESTRICTIONS.

§17C-6-1. Speed limitations generally; penalty.

§17C-6-2. Establishment of state speed zones.

§17C-6-3. When local authorities may alter speed limits.

§17C-6-3a. Minimum speed regulations; penalty.

§17C-6-4. Special speed limitations on vehicles not designed for carrying passengers and equipped with pneumatic tires.

§17C-6-5. Special speed limitations; penalty.

§17C-6-6. Charging violations; rule in civil actions.

§17C-6-7. Prima facie evidence of speed by devices employing microwaves or reflected light; placing of signs relative to radar or laser.

§17C-6-7a. Prohibition of the use of traffic law photo-monitoring devices to detect or prove traffic law violations.

§17C-6-8. Racing on streets and highways prohibited; legislative findings; penalties; mandatory revocation of licenses.

§17C-6-9. Slow-moving vehicle emblem.

§17C-6-10. Enforcement of article with respect to operations of commercial motor vehicles.

§17C-6-11. Special speed limitations when meeting or overtaking waste service vehicles; penalty.

CHAPTER 17C, ARTICLE 7. DRIVING ON RIGHT SIDE OF ROADWAY, OVERTAKING AND PASSING, ETC.

§17C-7-1. Driving on right side of roadway; exceptions; penalty.

§17C-7-2. Passing vehicles proceeding in opposite directions; penalty.

§17C-7-3. Overtaking and passing vehicle or bicycle proceeding in same direction -- Passing on the left generally; penalty.

§17C-7-4. Same -- When overtaking on the right is permitted.

§17C-7-5. Same -- Limitations on overtaking on the left; penalty.

§17C-7-6. Same -- Further limitations on driving to left of center of roadway; penalty.

§17C-7-7. Same -- No-passing zones; penalty.

§17C-7-8. One-way roadways and rotary traffic islands; penalty.

§17C-7-9. Driving on roadways laned for traffic; penalty.

§17C-7-10. Following too closely.

§17C-7-11. Driving on divided highways; penalty.

§17C-7-12. Controlled-access roadway -- Driving onto or from; penalty.

§17C-7-13. Restrictions on use of controlled-access roadway.

CHAPTER 17C, ARTICLE 8. TURNING AND STARTING AND SIGNALS ON STOPPING AND TURNING.

§17C-8-1. Required position and method of turning at intersections.

§17C-8-2. Right turns; penalty.

§17C-8-3. Left turns on two-way roadways; penalty.

§17C-8-4. Left turns on other than two-way roadways; penalty.

§17C-8-5. Local authorities may specify different course for turns.

§17C-8-6. Turning on curve or crest of grade prohibited; penalty.

§17C-8-7. Starting parked, etc., vehicle.

§17C-8-8. Turning movements and required signals; penalty.

§17C-8-9. Signals to be given by hand and arm or signal device.

§17C-8-10. Method of giving hand-and-arm signals.

CHAPTER 17C, ARTICLE 9. RIGHT-OF-WAY.

§17C-9-1. Vehicle approaching or entering intersection.

§17C-9-2. Vehicle turning left at intersection.

§17C-9-3. Vehicle entering through highway or stop intersections.

§17C-9-4. Vehicle entering highway from private road or driveway.

§17C-9-5. Operation of vehicles and streetcars on approach of authorized emergency vehicles.

§17C-9-6. Misdemeanor to violate provisions of article; penalty.

CHAPTER 17C, ARTICLE 10. PEDESTRIANS' RIGHTS AND DUTIES.

§17C-10-1. Pedestrians subject to traffic regulations; powers of local authorities.

§17C-10-2. Pedestrians' right-of-way in crosswalks.

§17C-10-3. Crossing at other than crosswalks.

§17C-10-4. Drivers to exercise due care.

§17C-10-5. Pedestrians to use right half of crosswalks.

§17C-10-6. Pedestrians on roadways; soliciting rides.

§17C-10-7. Penalty for pedestrians violating the provisions of this article.

§17C-10-8. Persons working on streets and highways.

CHAPTER 17C, ARTICLE 10A. OPERATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES.

§17C-10A-1. Definitions.

§17C-10A-2. Equipment requirements and operating standards for electric personal assistive mobility devices; applicability of motor vehicle code; penalties.

CHAPTER 17C, ARTICLE 11. OPERATION OF BICYCLES AND PLAY VEHICLES.

§17C-11-1. Obedience to article; duty of parents and guardians; applicability of article to bicycles.

§17C-11-2. Traffic laws apply to persons riding bicycles.

§17C-11-3. Riding on bicycle seats; carrying more than one person on bicycle.

§17C-11-4. Clinging to vehicles.

§17C-11-5. Riding on roadways and bicycle paths.

§17C-11-6. Carrying articles.

§17C-11-7. Lamps and other equipment on bicycles.

§17C-11-8. Electric bicycles; requirements; exclusions; age restrictions.

CHAPTER 17C, ARTICLE 11A. CHILD BICYCLE SAFETY ACT.

§17C-11A-1. Short title.

§17C-11A-2. Legislative findings and purpose.

§17C-11A-3. Definitions.

§17C-11A-4. Requirements for helmet use.

§17C-11A-5. Sale of bicycle helmets.

§17C-11A-6. Civil actions.

§17C-11A-7. Penalties.

§17C-11A-8. Ordinances.

§17C-11A-9. Bicycle safety program.

CHAPTER 17C, ARTICLE 12. SPECIAL STOPS REQUIRED.

§17C-12-1. Obedience to signal indicating approach of train.

§17C-12-2. All vehicles must stop at certain railroad grade crossings.

§17C-12-3. Certain vehicles must stop at all railroad grade crossings.

§17C-12-4. Moving heavy equipment at railroad grade crossings.

§17C-12-5. Vehicles must stop at through highways; erection of signs.

§17C-12-6. Stopping before emerging from alley or private driveway; penalty.

§17C-12-7. Overtaking and passing school bus; penalties; signs and warning lights upon buses; requirements for sale of buses; mounting of cameras; educational information campaign; limitation on idling.

§17C-12-7a. Signs and warning lights or alternative warning devices upon passenger vans; passing passenger van; criminal penalties.

§17C-12-8. Special lighting equipment on school buses.

§17C-12-9. School bus drivers may present complaint directly to magistrate.

CHAPTER 17C, ARTICLE 13. STOPPING, STANDING AND PARKING.

§17C-13-1. Stopping, standing or parking outside of business or residence districts; penalty.

§17C-13-2. Officers authorized to remove illegally stopped vehicles.

§17C-13-3. Stopping, standing or parking prohibited in specified places; penalty.

§17C-13-4. Right and left parallel parking; angle parking; highway signs restricting parking, etc.; penalty.

§17C-13-5. Removal of vehicles parked, etc., on highways in emergencies; liability for costs of removal and storage; liens for towing and storage.

§17C-13-6. Stopping, standing, or parking privileges for persons with a mobility impairment; disabled veterans; definitions; qualification; special registration plates and removable windshield placards; expiration, application; violation; penalties.

§17C-13-7. Signs on workers' and church buses; when lawful for such buses to stop on highways and streets.

§17C-13-8. Disabled parking places on private facilities; signs designating places.

CHAPTER 17C, ARTICLE 13A. DIESEL-POWERED MOTOR VEHICLE IDLING ACT.

§17C-13A-1. Definitions.

§17C-13A-2. Restrictions on idling.

§17C-13A-3. Exceptions.

§17C-13A-4. Increase of weight limit.

§17C-13A-5. Penalties.

§17C-13A-6. Notification.

§17C-13A-7. Enforcement.

§17C-13A-8. Permanent idling restriction signs.

§17C-13A-9. Preemption.

CHAPTER 17C, ARTICLE 14. MISCELLANEOUS RULES.

§17C-14-1 Repealed Acts, 2018 Reg. Sess., Ch. 43.  

§17C-14-2. Limitations on backing; penalty.

§17C-14-3. Repealed. Acts, 1971 Reg. Sess., Ch. 95.

§17C-14-4. Obstruction to driver's view or driving mechanism; penalty.

§17C-14-5. Passengers in seat with operator; penalty.

§17C-14-6. Passengers on running board; penalty.

§17C-14-7. Driving on mountain highways; penalty.

§17C-14-8. Coasting prohibited; penalty.

§17C-14-9. Following authorized emergency vehicles; penalty.

§17C-14-9a. Approaching authorized emergency vehicles; penalties.

§17C-14-10. Crossing fire hose; penalty.

§17C-14-11. Putting glass, etc., on highway.

§17C-14-12. School bus rules.

§17C-14-13. Vehicles parked on private property; penalty.

§17C-14-13a. Police officers authorized to conduct investigations on private property.

§17C-14-14. Unlawful to litter from motor vehicle; penalty; rule making.

§17C-14-15. Electronically Distracted Driving Act.

CHAPTER 17C, ARTICLE 15. EQUIPMENT.

§17C-15-1. Unsafe and improperly equipped vehicles; additional parts and accessories; applicability of article to farm and road equipment.

§17C-15-2. When lighted lamps are required.

§17C-15-3. Visibility distance and mounted height of lamps.

§17C-15-4. Head lamps on motor vehicles.

§17C-15-5. Tail lamps.

§17C-15-6. Penalty for violations of the provisions of this article.

§17C-15-7. Repealed. Acts, 1996 Reg. Sess., Ch. 90.

§17C-15-8. Application of §§ 17C-15-9 to 17C-15-13.

§17C-15-9. Additional lighting and reflector equipment required on certain vehicles.

§17C-15-10. Color of clearance lamps, side marker lamps and reflectors.

§17C-15-11. Mounting of reflectors, clearance lamps and side marker lamps.

§17C-15-12. Visibility of reflectors, clearance lamps and marker lamps.

§17C-15-13. Obstructed lights not required to be lighted.

§17C-15-14. Lamp or flag on projecting load.

§17C-15-15. Lamps on parked vehicles.

§17C-15-16. Lamps on animal-drawn and other vehicles and equipment.

§17C-15-17. Spot lamps and other auxiliary lamps.

§17C-15-18. Signal lamps and signal devices.

§17C-15-19. Additional lighting equipment.

§17C-15-20. Multiple-beam road-lighting equipment -- Requirements generally.

§17C-15-21. Same -- Use of; dimming lights upon approaching or overtaking.

§17C-15-22. Single-beam road-lighting equipment.

§17C-15-23. Lighting equipment on motorcycles, motor-driven cycles and mopeds.

§17C-15-24. Alternate road-lighting equipment.

§17C-15-25. Number of driving lamps required or permitted.

§17C-15-26. Special restrictions on lamps.

§17C-15-27. Standards for lights on snow removal equipment.

§17C-15-28. Selling and using unapproved lamps or equipment; legibility of name, etc., of approved equipment; use of improperly mounted, etc., equipment.

§17C-15-29 Repealed Acts, 2018 Reg. Sess., Ch. 42.  

§17C-15-30. Revocation of certificate of approval on lighting devices.

§17C-15-31. Brakes -- Generally.

§17C-15-32. Brakes on motorcycles, motor-driven cycles and mopeds.

§17C-15-33. Horns and warning devices.

§17C-15-34. Mufflers; prevention of noise, fumes and smoke.

§17C-15-35. Mirrors.

§17C-15-36. Windshields must be unobstructed and equipped with wipers.

§17C-15-36a. Sun-screening devices; penalty.

§17C-15-37. Tire equipment restrictions; rules and regulations as to certain tires.

§17C-15-38 Repealed Acts, 2018 Reg. Sess., Ch. 42.  

§17C-15-39. Flares and other warning devices to be carried in certain vehicles.

§17C-15-40. Display of warning devices when vehicle is disabled.

§17C-15-41. Vehicles transporting explosives.

§17C-15-42. Video screens, video monitors and television receivers in view of driver prohibited; exceptions.

§17C-15-43. Vehicles to be equipped with safety belts.

§17C-15-44. Safety equipment and requirements for motorcyclists, motorcycles, motor-driven cycles and mopeds; motorcycle safety standards and education committee.

§17C-15-45. Certification labels on mopeds.

§17C-15-46. Child passenger safety devices required; child safety seats and booster seats.

§17C-15-47. Commercial towing vehicles to employ safety chains.

§17C-15-48. Alteration of motor vehicles; bumper height limits; other modifications; exceptions; required inspection; and rules of division of public safety.

§17C-15-49. Operation of vehicles with safety belts; exception; penalty; educational program by West Virginia State Police.

§17C-15-49a. Admissibility of use or nonuse of safety belts in civil actions.

§17C-15-50. Air bag fraud; counterfeit and nonfunctional air bags prohibited; penalties; applicability; exceptions.

CHAPTER 17C, ARTICLE 16. INSPECTION OF VEHICLES.

§17C-16-1. Vehicles not to operate without required equipment or in unsafe condition.

§17C-16-2. Inspection by department of public safety.

§17C-16-3. Owners and drivers to comply with inspection laws.

§17C-16-4. Superintendent of the West Virginia State Police to require periodic inspection; acceptance of certificate of inspection from another state; suspension of registration of unsafe vehicles.

§17C-16-5. Permit for official inspection stations; fees for and certificate of inspection.

§17C-16-6. Assignment, transfer, and posting of official inspection station permit; issuance and record of certificate of inspection; inspection fee.

§17C-16-7. Improper representation as official stations.

§17C-16-8. False certificates.

§17C-16-9. Operation without certificate or failure to produce certificate; penalty for misdemeanor.

CHAPTER 17C, ARTICLE 17. SIZE, WEIGHT AND LOAD.

§17C-17-1. Unlawful to exceed size and weight limitations; application of article to fire apparatus, farm machinery, etc.;"operate a vehicle or combination of vehicles" construed.

§17C-17-2. Width of vehicles.

§17C-17-3. Projecting loads on passenger vehicles.

§17C-17-4. Height and length of vehicles and loads.

§17C-17-5. Special load limits.

§17C-17-6. Loads to be securely fastened and not allowed to leak, escape, etc.

§17C-17-6a. Vehicles transporting compressed gas containers.

§17C-17-7. Trailers and towed vehicles.

§17C-17-8. Single-axle load limit.

§17C-17-8a. Tandem-axle load limit for the national system of interstate and defense highways.

§17C-17-9. Gross weight of vehicles and loads for the national system of interstate and defense highways.

§17C-17-9a. Gross weight of vehicles and loads.

§17C-17-10. Officers may weigh, measure or examine vehicles and require removal or rearrangement of excess loads.

§17C-17-11. Permits for excess size and weight.

§17C-17-11a. Authority of commissioner of the department of highways to increase weight limitations upon highways designated by him

§17C-17-11b. Authority of state road commissioner to increase length limitations upon highways designated by him

§17C-17-11c. Designating an industrial road; setting weight limits.

§17C-17-11d. Establishing maximum road highway weights.

§17C-17-12. When state road commission or local authorities may restrict right to use highways.

§17C-17-13. Liability for damage to highway or structure.

§17C-17-14. Penalties for violation of weight laws; impounding vehicles.

CHAPTER 17C, ARTICLE 17A. REGULATION OF THE COMMERCIAL TRANSPORTATION OF COAL.

§17C-17A-1. Legislative findings and creation of program.

§17C-17A-2. Definitions.

§17C-17A-3. Authority of the Division of Highways and Public Service Commission generally.

§17C-17A-4. Special permit issuance; and promulgation of rules.

§17C-17A-5. Operation of coal trucks under special permits; weight limitations; payment of permit fees.

§17C-17A-6. Reporting requirements for shippers, vehicle owners and receivers of coal transported on public highways.

§17C-17A-7. Permit application procedure.

§17C-17A-8. Powers and duties of the commission.

§17C-17A-9. Administrative sanctions.

§17C-17A-10. Penalties for violation of weight laws; impounding vehicles.

§17C-17A-11. Effective date.

§17C-17A-12. Designating special coal resource transportation roads, highways and bridges.

§17C-17A-13. Authority of the commissioner of the division of highways relating to road and bridge repair on designated coal resource transportation roads.

§17C-17A-14. Exclusion of off-road vehicles.

§17C-17A-15. Exclusion of interstate highways.

§17C-17A-16. Spotting unlawful; penalties.

CHAPTER 17C, ARTICLE 17B. TRANSFER OF CERTAIN JURISDICTION AND EMPLOYEES TO PUBLIC SERVICE COMMISSION.

§17C-17B-1. Legislative findings and purposes.

§17C-17B-2. Transfer of jurisdiction over vehicle weight enforcement and excess weight permit issuances to Public Service Commission.

§17C-17B-3. Transfer of certain employees from department of transportation to Public Service Commission.

§17C-17B-4. Costs of enforcement to be funded from revenues in General Revenue Fund or from fees collected by Public Service Commission.

§17C-17B-5. Exceptions.

CHAPTER 17C, ARTICLE 18. PENALTIES.

§17C-18-1. Violations of chapter; penalties for misdemeanor.

CHAPTER 17C, ARTICLE 19. PARTIES, PROCEDURE UPON ARREST AND REPORTS IN CRIMINAL CASES.

§17C-19-1. Parties to a crime.

§17C-19-2. Offenses by persons owning or controlling vehicles; owner present in vehicle to be arrested rather than driver for certain traffic violations.

§17C-19-3. When person arrested must be taken immediately before a magistrate or court.

§17C-19-4. When person arrested to be given five days' notice to appear in court.

§17C-19-5. Procedure prescribed by article not exclusive.

§17C-19-6. Form for and records of books of traffic citations.

§17C-19-7. Disposition and records of traffic citations.

§17C-19-8. Record of traffic cases.

§17C-19-9. Jurisdiction of crimes by justices.

§17C-19-10. Guaranteed arrest bond certificates as cash bail.

CHAPTER 17C, ARTICLE 20. WEST VIRGINIA TURNPIKE COMMISSION.

§17C-20-1. Authority of West Virginia turnpike commission.

CHAPTER 17C, ARTICLE 21. EFFECT OF CHAPTER.

§17C-21-1. Constitutionality.

§17C-21-2. Repeal of conflicting provisions.

CHAPTER 17C, ARTICLE 22. RIDESHARING.

§17C-22-1. Ridesharing arrangement defined.

§17C-22-2. Common carrier laws do not apply to ridesharing; requiring liability insurance.

§17C-22-3. Workers' compensation law does not apply to ridesharing; exceptions thereto.

§17C-22-4. Liability of employer.

§17C-22-5. County or municipal licenses and taxes.

§17C-22-6. Overtime compensation and minimum wage law.

§17C-22-7. Certain ridesharing vehicles are not commercial vehicles or buses; exemption from registration; driver not chauffeur.

CHAPTER 17C, ARTICLE 23. FUNERAL PROCESSIONS.

§17C-23-1. Definitions.

§17C-23-2. Funeral procession right-of-way; funeral escort vehicles; funeral lead vehicles.

§17C-23-3. Driving in procession.

§17C-23-4. Liability.

§17C-23-5. Equipment.

CHAPTER 17C, ARTICLE 24. AUTONOMOUS VEHICLES AND DEVICES.

§17C-24-1. Definitions.

§17C-24-2. Rules for personal delivery devices and mobile carriers.

CHAPTER 17C, ARTICLE 25. AVIATION RELATED OFFENSES.

§17C-25-1. Definitions.

§17C-25-2. Operation of aircraft while under influence of alcohol, controlled substances, or drugs; criminal penalties.

§17C-25-3. Implied consent to test; administration at direction of law-enforcement officer; designation of type of test; definition of law-enforcement officer.

§17C-25-4. Preliminary analysis of breath to determine alcoholic content of blood.

§17C-25-5. How blood test administered; additional test at option of person tested; use of test results; certain immunity from liability incident to administering test.

§17C-25-6. Interpretation and use of chemical test.

§17C-25-7. Right to demand test.

§17C-25-8. Fee for withdrawing blood sample and making urine test; payment of fees.

§17C-25-9. Unauthorized taking or operation of aircraft; penalty.

§17C-25-10. Federal license required for operation of aircraft.

§17C-25-11. Enforcement of aeronautics laws.

CHAPTER 17D. MOTOR VEHICLE SAFETY RESPONSIBILITY LAW.

CHAPTER 17D, ARTICLE 1. WORDS AND PHRASES DEFINED.

§17D-1-1. Definitions.

CHAPTER 17D, ARTICLE 2. ADMINISTRATION OF LAW.

§17D-2-1. Administration of chapter by commissioner; rules and regulations; hearings.

§17D-2-2. Commissioner to furnish abstract of operating record; fee for abstract.

CHAPTER 17D, ARTICLE 2A. SECURITY UPON MOTOR VEHICLES.

§17D-2A-1. Purpose of article.

§17D-2A-2. Scope of article.

§17D-2A-3. Required security; exceptions.

§17D-2A-4. Certificate of insurance.

§17D-2A-5. Minimum policy term.

§17D-2A-6. Investigation by duly authorized law-enforcement officer to include inquiry regarding required security; notice by officer or court to Division of Motor Vehicles.

§17D-2A-6a. Determining if required security is in effect.

§17D-2A-7. Suspension or revocation of license, registration; reinstatement.

§17D-2A-8. Rules.

§17D-2A-9. Criminal penalty.

CHAPTER 17D, ARTICLE 3. SECURITY FOLLOWING ACCIDENT.

§17D-3-1. Repealed. Acts, 1988 Reg. Sess., Ch. 91.

§17D-3-2. Repealed. Acts, 1988 Reg. Sess., Ch. 91.

§17D-3-3. Repealed. Acts, 1988 Reg. Sess., Ch. 91.

§17D-3-4. Repealed. Acts, 1988 Reg. Sess., Ch. 91.

§17D-3-5. Repealed. Acts, 1988 Reg. Sess., Ch. 91.

§17D-3-6. Repealed. Acts, 1988 Reg. Sess., Ch. 91.

§17D-3-7. Repealed. Acts, 1988 Reg. Sess., Ch. 91.

§17D-3-8. Repealed. Acts, 1988 Reg. Sess., Ch. 91.

§17D-3-9. Repealed. Acts, 1988 Reg. Sess., Ch. 91.

§17D-3-10. Repealed. Acts, 1988 Reg. Sess., Ch. 91.

§17D-3-11. Repealed. Acts, 1988 Reg. Sess., Ch. 91.

§17D-3-12. Repealed. Acts, 1988 Reg. Sess., Ch. 91.

§17D-3-13. Repealed. Acts, 1988 Reg. Sess., Ch. 91.

§17D-3-14. Repealed. Acts, 1988 Reg. Sess., Ch. 91.

§17D-3-15. Repealed. Acts, 1988 Reg. Sess., Ch. 91.

CHAPTER 17D, ARTICLE 4. PROOF OF FINANCIAL RESPONSIBILITY FOR THE FUTURE.

§17D-4-1. Repealed. Acts, 1990 Reg. Sess., Ch. 137.

§17D-4-2. "Proof of financial responsibility" defined.

§17D-4-3. Additional definitions.

§17D-4-4. When courts to report nonpayment of judgments.

§17D-4-5. Suspension for nonpayment of judgments; exceptions.

§17D-4-6. Suspension to continue until judgments paid and proof given; effect of discharge in bankruptcy.

§17D-4-7. Payments sufficient to satisfy requirements.

§17D-4-8. Installment payment of judgments; default.

§17D-4-9. Repealed. Acts, 1990 Reg. Sess., Ch. 137.

§17D-4-10. Repealed. Acts, 1990 Reg. Sess., Ch. 137.

§17D-4-11. Repealed. Acts, 1990 Reg. Sess., Ch. 137.

§17D-4-12. "Motor vehicle liability policy" defined; scope and provisions of policy.

§17D-4-13. Repealed. Acts, 1990 Reg. Sess., Ch. 137.

§17D-4-14. Chapter not to affect other policies.

§17D-4-15. Repealed. Acts, 2006 Reg. Sess., Ch. 164.

§17D-4-16. Repealed. Acts, 2006 Reg. Sess., Ch. 164.

§17D-4-17. Repealed. Acts, 2006 Reg. Sess., Ch. 164.

§17D-4-18. Repealed. Acts, 2006 Reg. Sess., Ch. 164.

§17D-4-19. Repealed. Acts, 2006 Reg. Sess., Ch. 164.

§17D-4-20. Repealed. Acts, 1990 Reg. Sess., Ch. ____.

CHAPTER 17D, ARTICLE 5. VIOLATION OF PROVISIONS OF CHAPTER; PENALTIES.

§17D-5-1. Transfer of registration to defeat purpose of chapter prohibited.

§17D-5-2. Repealed. Acts, 1994 Reg. Sess., Ch. 111.

§17D-5-3. Forgery; suspension of license or registration; penalty for violations of chapter.

CHAPTER 17D, ARTICLE 6. GENERAL PROVISIONS.

§17D-6-1. Chapter inapplicable to government-owned vehicles.

§17D-6-2. Self-insurers.

§17D-6-3. Repeal of existing laws.

§17D-6-4. Chapter not to have retroactive effect.

§17D-6-5. Jurisdiction of crimes by justices.

§17D-6-6. Chapter not to prevent other process.

§17D-6-7. Constitutionality.

CHAPTER 17E. UNIFORM COMMERCIAL DRIVER'S LICENSE ACT.

CHAPTER 17E, ARTICLE 1. COMMERCIAL DRIVER'S LICENSE.

§17E-1-1. Short title.

§17E-1-2. Statement of intent and purpose.

§17E-1-3. Definitions.

§17E-1-4. Limitation on number of driver's licenses.

§17E-1-5. Notification required by driver.

§17E-1-6. Employer responsibilities.

§17E-1-7. Commercial driver's license required; disqualification for driving without valid license.

§17E-1-8. Exemptions to the commercial driver's license requirements.

§17E-1-8a. Restricted commercial driver"s license for certain drivers in farm-related service industries.

§17E-1-9. Commercial driver's license qualification standards.

§17E-1-10. Application for commercial driver's license.

§17E-1-11. Commercial driver's license.

§17E-1-12. Classifications, endorsements and restrictions.

§17E-1-13. Disqualification.

§17E-1-14. Commercial drivers prohibited from driving with blood alcohol concentration of four hundredths of one percent or more; refusal of preliminary breath test to determine alcohol content of blood; criminal penalties.

§17E-1-14a. Commercial Drivers Prohibited From Texting.

§17E-1-15. Implied consent requirements for commercial motor vehicle drivers; disqualification for driving with blood alcohol concentration of four hundredths of one percent or more, by weight.

§17E-1-16. Notification of traffic convictions.

§17E-1-17. Driving record information to be furnished.

§17E-1-18. Rule-making authority.

§17E-1-19. Authority to enter agreements.

§17E-1-20. Reciprocity.

§17E-1-21. Severability and savings clause.

§17E-1-22. Effective dates.

§17E-1-23. Funding for the commercial driver's license fees.

§17E-1-24. Enforcement.

§17E-1-25. Penalties.

CHAPTER 17F. ALL-TERRAIN VEHICLES.

CHAPTER 17F, ARTICLE 1. REGULATION OF ALL-TERRAIN VEHICLES.

§17F-1-1. Acts prohibited by operator; penalties for violations.

§17F-1-2. Safety awareness courses.

§17F-1-3. Local government authority to regulate.

§17F-1-4. All-terrain vehicle rental dealers required to provide safety equipment.

§17F-1-5. Private property exemption.

§17F-1-6. Exemption for farm, commercial use; current regulations.

§17F-1-7. Applicability of rules of operation.

§17F-1-8. Criminal penalties.

§17F-1-9. Definition of all-terrain and utility terrain vehicle.

CHAPTER 17G. RACIAL PROFILING DATA COLLECTION ACT.

CHAPTER 17G, ARTICLE 1. RACIAL PROFILING DATA COLLECTION.

§17G-1-1. Definitions.

§17G-1-2. Information obtained by law-enforcement officers during a traffic stop.

§17G-1-3. Law-enforcement officer exemption from civil liability.

CHAPTER 17G, ARTICLE 2. ANALYSIS OF TRAFFIC STOPS STUDY AND ANNUAL REPORT BY DIRECTOR OF THE GOVERNOR'S COMMITTEE ON CRIME, DELINQUENCY AND CORRECTION.

§17G-2-1. Format of traffic stops data collection forms.

§17G-2-2. Law-enforcement agency traffic stops data collection and submission.

§17G-2-3. Analysis of traffic stop statistics, annual report and legislative rules.

CHAPTER 17H. FULLY AUTONOMOUS VEHICLE ACT.

CHAPTER 17H, ARTICLE 1. FULLY AUTONOMOUS VEHICLES.

§17H-1-1. Short Title.

§17H-1-2. Statement of intent and purpose.

§17H-1-3. Definitions.

§17H-1-4. Construction.

§17H-1-5. Operation of fully autonomous vehicles without a human driver.

§17H-1-6. Operation of a fully autonomous motor vehicle with an ADS by a human driver.

§17H-1-7. Operation of fully autonomous commercial and motor carrier vehicles.

§17H-1-8. Operation of an on-demand autonomous motor vehicle network.

§17H-1-9. Licensing, titling, and registration.

§17H-1-10. Insurance.

§17H-1-11. Control.

§17H-1-12. Platooning.

§17H-1-13. Fully autonomous vehicles not exempt from state laws pertaining to ownership.

§17H-1-14. Duties following crashes involving fully autonomous vehicles.

§17H-1-15 Fully autonomous vehicle equipment standards.

CHAPTER 18. EDUCATION.

CHAPTER 18, ARTICLE 1. DEFINITIONS; LIMITATIONS OF CHAPTER; GOALS FOREDUCATION.

§18-1-1. Definitions.

§18-1-2. School year.

§18-1-3. Scope of school district; abolition of magisterial school districts, etc., and independent districts.

§18-1-4. Vision 2020: An Education Blueprint for Two Thousand Twenty.

CHAPTER 18, ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-1. Creation; composition; appointment, qualifications, terms, and removal of members; offices.

§18-2-2. Repealed. Acts, 1947, Reg. Sess., Ch. 72.

§18-2-3. Meetings; compensation and expenses of members.

§18-2-4. Organization; appointment, compensation and duties of secretary.

§18-2-5. Powers and duties generally; specific powers and duties for alternatives that improve student learning.

§18-2-5a. Board rules to be filed with Legislature.

§18-2-5b. Medicaid-eligible children; school health services advisory committee.

§18-2-5c. Birth certificate required upon admission to public school; required notice to local law-enforcement agency of missing children.

§18-2-5d. Duty of board to report guidelines for productive and safe schools.

§18-2-5e. Higher education participation in development and use of public education assessments.

§18-2-5f. Use of student social security numbers.

§18-2-5g Repealed. Acts, 2016 Reg. Sess., Ch. 88

§18-2-5h. Student Data Accessibility, Transparency and Accountability Act.

§18-2-6. Classification and standardization of schools; standards for degrees and diplomas; certificates of proficiency; establishment of alternative education programs.

§18-2-6a. Sale of healthy beverages and soft drinks in schools.

§18-2-6b. General Educational Development (GED) diploma; legislative findings and intent; examination costs; testing materials and procedures; report required.

§18-2-6c. Repealed. Acts, 1990 3rd. Ex. Sess., Ch. 4.

§18-2-7. Courses of study; language of instruction.

§18-2-7a. Legislative findings; required physical education; program in physical fitness.

§18-2-7b. Programs in drug prevention and violence reduction.

§18-2-7c. Program in personal finance.

§18-2-7d. Program in workforce preparedness.

§18-2-7e. Business and community partnerships for improving student engagement and preparation; roles of school district leadership and local school improvement councils; future-ready graduate profile.

§18-2-7f. Alternative educational opportunities for elective course credit.

§18-2-7g. Youth Apprenticeship Program.

§18-2-8. Course of study in fire prevention.

§18-2-8a. Hunter safety orientation program.

§18-2-8b. West Virginia Remembers Program; rulemaking.

§18-2-9. Required courses of instruction.

§18-2-9a. Elective courses of instruction on the Bible.

§18-2-10. Certificates and awards.

§18-2-11. Sabbatical leaves for teachers and certain aides.

§18-2-12. Computer science courses of instruction; learning standards; state board plan development.

§18-2-13. Character education integration.

§18-2-13a. Control of property and business affairs of state educational institutions.

§18-2-13b. Additional authority of state Board of Education concerning revenue bonds for dormitories, homes or refectories.

§18-2-13c. Payroll deductions for employees' participation in group insurance plans.

§18-2-13d. Marshall University.

§18-2-13e. Transfer of property for the use of Marshall University.

§18-2-13f. Responsibility for administration and provision of educational services in state correctional institutions.

§18-2-13g. Procedure for contracting with insurers; licensing of insurer; exemption of certain insurers from premium and annuity taxes.

§18-2-13h. Provision of educational services for school-age juveniles placed in residential facilities for custody and treatment.

§18-2-14. Reports by state Board of Education, state commissioner of public institutions, and chief officers of state educational institutions to Auditor.

§18-2-15. Repealed. Acts, 2013 Reg. Sess., Ch. 56.

§18-2-15a. Repealed. Acts, 2013 Reg. Sess., Ch. 56.

§18-2-16. Establishment and operation of state camp and conference center; rental thereof; expenditures; gifts and donations; county court may erect and equip buildings.

§18-2-16a. Construction of buildings and recreational facilities at state camp and conference center; charges for use; financing by revenue bonds or notes permissible; trustee for holders of bonds or notes; contents of trust agreement.

§18-2-16b. State camp and conference center; property transferred; powers and duties of Commissioner of Agriculture.

§18-2-17. Repealed. Acts, 2014 Reg. Sess., Ch. 47.

§18-2-18. Repealed. Acts, 2013 Reg. Sess., Ch. 56.

§18-2-19. Repealed. Acts, 1972 Reg. Sess., Ch. 104

§18-2-20. Repealed. Acts, 1972 Reg. Sess., Ch. 104.

§18-2-21. Repealed. Acts, 1972 Reg. Sess., Ch. 104.

§18-2-22. Repealed. Acts, 1990 3rd. Ex. Sess., Ch. 4.

§18-2-23. Repealed. Acts, 2013 Reg. Sess., Ch. 56.

§18-2-23a. Repealed. Acts, 2013 Reg. Sess., Ch. 55.

§18-2-24. Collaboration of state institutions of higher education having a teacher preparation program with the Center for Professional Development, state board and the regional education service agencies.

§18-2-25. Authority of county boards to regulate athletic and other extracurricular activities of secondary schools; delegation of authority to West Virginia Secondary School Activities Commission; authority of commission; approval of rules by state board; incorporation; funds; participation by private and parochial schools and by home-schooled students and participants in the Hope Scholarship Program or in a Microschool or Learning Pod.

§18-2-25a. Management of concussions and head injuries in athletics at West Virginia Secondary School Activities Commission member high school or middle school.

§18-2-25b. Emergency action plans for athletics.

§18-2-25c. Defibrillator required at certain events.

§18-2-25d. Clarifying participation for sports events to be based on biological sex of the athlete at birth.

§18-2-25e. Athletic eligibility of transfer students.

§18-2-26. Abolishment and transition of regional education service agencies.

§18-2-26a Repealed Acts, 2017 Reg. Sess., Ch. 72.

§18-2-27. Authority to contract for programs, services and facilities.

§18-2-28. Repealed. Acts, 1990 3rd. Ex. Sess., Ch. 4.

§18-2-29. Competitive grant program for selected schools and school districts.

§18-2-30. Repealed. Acts, 2013 Reg. Sess., Ch. 56.

§18-2-31. Repealed. Acts, 2013 Reg. Sess., Ch. 56.

§18-2-32. Posthumous high school diplomas.

§18-2-33. Rules for antihazing.

§18-2-34. High school diplomas for surviving veterans of World War II, the Korean War, and the Vietnam Conflict.

§18-2-35. Dress codes requiring school uniforms for students.

§18-2-36. Framework for initiating comprehensive transformation of school leadership.

§18-2-37. Repealed. Acts, 2013 Reg. Sess., Ch. 56.

§18-2-38. Repealed. Acts, 2013 Reg. Sess., Ch. 56.

§18-2-39. College and career readiness initiative.

§18-2-40. Suicide prevention awareness training; dissemination of information.

§18-2-40a. Education on and prevention of self-harm behavior and eating disorders.

§18-2-40b. Dissemination of information on suicide prevention.

§18-2-41. Education and Prevention of the Sexual Abuse of Children.

§18-2-42. Providing career and technical education program information to students and parents; transcript of post-secondary credit; career technical education student participation in graduation ceremony.

§18-2-43. Addressing disciplinary action in West Virginia schools.

§18-2-44. Safety While Accessing Technology education program; annual instruction required.

§18-2-45. Patriotic societies; opportunity to speak and recruit at public schools.

CHAPTER 18, ARTICLE 2A. ADOPTION OF TEXTBOOKS, INSTRUCTIONAL MATERIALS AND LEARNING TECHNOLOGIES.

§18-2A-1. Definition; adoption groups; adoption schedule.

§18-2A-2. Request for samples and bids; deposit by bidder; selection, approval and publication of multiple list.

§18-2A-3. Disposition of and requests for samples.

§18-2A-4. Execution of contracts; bond.

§18-2A-5. Selection by county boards; school curriculum teams.

§18-2A-6. Retail prices; limitation on profit; violation; penalty.

§18-2A-7. Exchange privilege; use of supplementary items; state-approved depositories authorized.

§18-2A-8. Instructional resources must be approved and listed; when changes may be effected; rules.

§18-2A-9. Gifts and bribes to influence adoption of instructional resources a felony; penalty.

§18-2A-10. Transition to system of instructional resources adoption at county board level.

CHAPTER 18, ARTICLE 2B. AREA VOCATIONAL PROGRAM.

§18-2B-1. Aims and purposes of program; areas where available.

§18-2B-2. Authority to establish programs, etc.; Division of Vocational Education established; rules; director.

§18-2B-2a. Withdrawal from multicounty vocational center prohibited.

§18-2B-3. Area vocational education program funds.

§18-2B-4. Expenditure of funds; title to property.

§18-2B-5. Title to property.

§18-2B-6. Repealed. Acts, 1975 Reg. Sess., Ch. 194.

§18-2B-7. Transportation of students.

§18-2B-8. Consulting committees.

CHAPTER 18, ARTICLE 2C. HARASSMENT, INTIMIDATION OR BULLYING PROHIBITION.

§18-2C-1. Legislative findings.

§18-2C-2. Definitions.

§18-2C-3. Policy prohibiting harassment, intimidation or bullying.

§18-2C-4. Immunity.

§18-2C-5. Policy training and education.

§18-2C-6. Liability.

CHAPTER 18, ARTICLE 2D. COMMUNITY EDUCATION.

§18-2D-1. Legislative findings and purpose.

§18-2D-2. Definition.

§18-2D-3. Implementation and operation of programs.

§18-2D-4. County boards of education authorized to participate.

CHAPTER 18, ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.

§18-2E-1. Legislative purpose.

§18-2E-1a. Standards, assessment and accountability programs; duties of the state board.

§18-2E-2. National assessment of educational progress program testing.

§18-2E-3. Repealed. Acts, 1996 Reg. Sess., Ch. 114.

§18-2E-3a. Honors and advanced placement programs.

§18-2E-3b. Placement advisory committee established.

§18-2e-3c. Repealed. Acts, 2013 Reg. Sess., Ch. 56.

§18-2e-3d. Repealed. Acts, 2013 Reg. Sess., Ch. 56.

§18-2E-3e. Repealed. Acts, 2005 Reg. Sess., Ch. 91.

§18-2E-3f. Building the basics early childhood curriculum; legislative findings; state board rule.

§18-2E-3g Repealed. Acts, 2016 Reg. Sess., Ch. 88

§18-2E-4. Better schools accountability; school, school district and statewide school report cards.

§18-2E-4a. Exception to requirement of mailing school report cards.

§18-2E-5. Process for improving education; education standards; statewide assessment program; accountability measures; Office of Education Performance Audits; school accreditation and school system approval; intervention to correct low performance.

§18-2E-5a. County superintendent employment contract.

§18-2E-5b. Repealed. Acts, 2014 Reg. Sess., Ch. 47.

§18-2e-5c. Repealed. Acts, 2013 Reg. Sess., Ch. 55.

§18-2E-5d. Standards for the duration of school bus transportation times for students to and from school.

§18-2E-6. Falsifying reports; penalty.

§18-2E-7. Providing for instruction and learning in all public schools.

§18-2E-8. Creating jobs through education.

§18-2E-8a. Electronic portfolio repealed.

§18-2E-8b. Repealed. Acts, 2014 Reg. Sess., Ch. 47.

§18-2E-8c. The "Robert C. Beach" vocational agriculture credit.

§18-2E-8d. Further expressions of legislative intent with respect to this article; parental consent for substitute classes.

§18-2E-8e. Veteran's honors funeral assistant community service program.

§18-2E-8f. Creating the "West Virginia Remembers Program;" rules.

§18-2E-8g. Creating successful careers through agricultural education.

§18-2E-9. West Virginia virtual school.

§18-2E-10. Third Grade Success Act; multi-tiered system of support for early literacy and numeracy in kindergarten through grade three; pre-service and in-service teacher training; notice to parent or guardian; third grade retention policy with exceptions; interventions continuing in fourth grade for students below proficient.

§18-2E-11. Advanced Career Education.

§18-2E-11a. Nursing career pathway.

§18-2E-12. Mountain State Digital Literacy Project.

§18-2E-13. Establishment of vocational math class.

CHAPTER 18, ARTICLE 2F. INCENTIVES AND RESULTS BASED SCHOLARSHIP PROGRAM.

§18-2F-1. Repealed. Acts, 2010 Reg. Sess., Ch. 33.

§18-2F-2. Repealed. Acts, 2010 Reg. Sess., Ch. 33.

§18-2F-3. Repealed. Acts, 2010 Reg. Sess., Ch. 33.

§18-2F-4. Repealed. Acts, 2010 Reg. Sess., Ch. 33.

§18-2F-5. Repealed. Acts, 2010 Reg. Sess., Ch. 33.

§18-2F-6. Repealed. Acts, 2010 Reg. Sess., Ch. 33.

§18-2F-7. Repealed. Acts, 2010 Reg. Sess., Ch. 33.

§18-2F-8. Repealed. Acts, 2010 Reg. Sess., Ch. 33.

§18-2F-9. Repealed. Acts, 2010 Reg. Sess., Ch. 33.

CHAPTER 18, ARTICLE 2G. SCHOOL LIBRARY MEDIA IMPROVEMENT GRANT PROGRAM.

§18-2G-1. Repealed. Acts, 2014 Reg. Sess., Ch. 47.

§18-2G-2. Repealed. Acts, 2014 Reg. Sess., Ch. 47.

§18-2G-3. Repealed. Acts, 2014 Reg. Sess., Ch. 47.

CHAPTER 18, ARTICLE 2H. PUBLIC NOTICE AND PARTICIPATION IN STATE-MANDATED EDUCATIONAL REFORM.

§18-2H-1. Legislative findings.

§18-2H-2. Notice, written comments and public hearing.

§18-2H-3. Procedures for hearings and public participation.

§18-2H-4. Impact of public participation.

CHAPTER 18, ARTICLE 2I. PROFESSIONAL DEVELOPMENT.

§18-2I-1. Professional development coordination and delivery; system goals.

§18-2I-2. Legislative findings.

§18-2I-3 Repealed Acts, 2018 Reg. Sess., Ch. 105.  

§18-2I-4. Coordination, development and evaluation of professional development programs.

§18-2I-5. Strategic Staff Development Fund.

§18-2I-6. Repealed. Acts, 2013 Reg. Sess., Ch. 55.

§18-2I-7. Repealed. Acts, 2013 Reg. Sess., Ch. 55.

CHAPTER 18, ARTICLE 2J. PUBLIC AND HIGHER EDUCATION UNIFIED EDUCATIONAL TECHNOLOGY STRATEGIC PLAN.

§18-2J-1. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§18-2J-2. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§18-2J-3. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§18-2J-4. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§18-2J-5. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§18-2J-6. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§18-2J-7. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

CHAPTER 18, ARTICLE 2K. THE DIABETES CARE PLAN ACT.

§18-2K-1. Title of article.

§18-2K-2. Adoption of guidelines for individual diabetes care plans.

§18-2K-3. Establishment and implementation of diabetes care plans by county boards to support and assist students with diabetes.

§18-2K-4. Progress report to the Legislature.

CHAPTER 18, ARTICLE 3. STATE SUPERINTENDENT OF SCHOOLS.

§18-3-1. Appointment; qualifications; compensation; traveling expenses; office and residence; evaluation.

§18-3-2. Seal; requisitions on Auditor for money.

§18-3-3. General supervision of schools.

§18-3-4. Proceedings to enforce school laws; examination and fees of witnesses; removal of school officials.

§18-3-5. Conferences of school superintendents.

§18-3-6. Interpretation of school laws and rules of state Board of Education.

§18-3-7. Preparation, printing and distribution of state manuals and other publications; maintenance of minimum standards; examination of pupils.

§18-3-8. Report of state superintendent.

§18-3-9. State Department of Education.

§18-3-9a. Authority of state superintendent as to fire hazards and safety of buildings.

§18-3-9b. Reduction in amount budgeted for personal services.

§18-3-10. Other powers and duties of state superintendent.

§18-3-11. Classification of schools.

§18-3-12. Special Community Development School Pilot Program.

§18-3-13. Behavior Interventionist Pilot Program.

CHAPTER 18, ARTICLE 4. COUNTY SUPERINTENDENT OF SCHOOLS.

§18-4-1. Election and term; interim superintendent.

§18-4-2. Qualifications; health certificate; disability; acting superintendent.

§18-4-3. Removal and suspension.

§18-4-4. Compensation.

§18-4-5. Payment of compensation.

§18-4-6. Evaluation of county superintendent.

§18-4-7. Office.

§18-4-8. Clerical assistants; monthly salary from maintenance fund.

§18-4-9. Reimbursement for traveling expenses; voucher.

§18-4-10. Duties of county superintendent.

§18-4-11. Other powers and duties.

§18-4-12. Exception to §18-4-4.

CHAPTER 18, ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-1. Supervision and control of county school districts; number, nomination and election of members.

§18-5-1a. Eligibility of members; training requirements.

§18-5-1b. Election; terms of office.

§18-5-1c. Organization of board; evaluation.

§18-5-2. Filling vacancies.

§18-5-3. Oath of members.

§18-5-4. Meetings; employment and assignment of teachers; budget hearing; compensation of members; affiliation with state and national associations.

§18-5-5. Corporate character and general powers of board; exemption of school property from legal process and taxes.

§18-5-6. Validation of titles to land in possession of board.

§18-5-7. Sale of school property at public auction; rights of grantor of lands in rural communities; oil and gas leases; disposition of proceeds; lease of school property.

§18-5-7a. Disposition of school property in flood control projects.

§18-5-7b. Charitable or community use of unneeded buildings.

§18-5-8. Condemnation of land necessary for educational purposes.

§18-5-9. Schoolhouses, buildings and equipment; health of pupils; repairs; medical and dental clinics.

§18-5-9a. Energy-savings contracts.

§18-5-9b. Implementation of the Integrated Pest Management Program.

§18-5-10. Approval by state board of plans and specifications for buildings.

§18-5-11. Joint establishment of schools.

§18-5-11a. Joint governing partnership board pilot initiative.

§18-5-12. Bond of contractors.

§18-5-12a. Repealed. Acts, 1983 Reg. Sess., Ch. 35.

§18-5-13. Authority of boards generally.

§18-5-13a. School closing or consolidation.

§18-5-13b. County Superintendents' Advisory Council, purpose, reports.

§18-5-13c. Educational services cooperatives; purpose; establishment; governance; authorized functions and services.

§18-5-13d. Use of school facilities for funeral and memorial services.

§18-5-14. Policies to promote school board effectiveness.

§18-5-15. Ages of persons to whom schools are open; enrollment of suspended or expelled student.

§18-5-15a. Study of multicultural education for school personnel.

§18-5-15b. Pledge of allegiance to the flag.

§18-5-15c. County boards of education; training in prevention of child abuse and neglect and child assault; regulations; funding.

§18-5-15d. In-service training programs in the prevention, transmission, spread and treatment of acquired immune deficiency syndrome; parent attendance.

§18-5-15e. Repealed. Acts, 2014 Reg. Sess., Ch. 47.

§18-5-15f. Affirmation regarding the suspension or expulsion of a pupil from school.

§18-5-15g. Vocational education classes for homeschooled and private schooled students.

§18-5-16. Student transfers; definitions; appeals; calculating net enrollment; fees for transfer.

§18-5-16a. Authorization to transfer pupils from one district to another; mandatory transfer; payment of tuition; net enrollment.

§18-5-16b. Expired

§18-5-17. Compulsory preenrollment hearing, vision and speech and language testing; developmental screening for children under compulsory school age.

§18-5-18. Kindergarten programs.

§18-5-18a. Maximum teacher-pupil ratio.

§18-5-18b. School counselors in public schools.

§18-5-18c. Early childhood programs; eligibility and standards for placement; guidelines and criteria.

§18-5-18d. Repealed. Acts, 2007 Reg. Sess., Ch. 9.

§18-5-18e. Study of limits on the number of pupils per teacher in a classroom in elementary and middle schools.

§18-5-19. Night schools and other school extension activities; use of school property for public meetings, etc.

§18-5-19a. Special classes for war veterans; authority of county boards to contract therefor and to receive assistance.

§18-5-19b. Adult education classes and programs; tuition and student assistance loans; authority of county boards to contract with federal agencies.

§18-5-19c. Division of Technical and Adult Education Services.

§18-5-19d. Conditional immunity from liability for community activities; liability insurance; authority of State Board of Risk and Insurance Management.

§18-5-19e. Adult education taskforce.

§18-5-19f. Adult education taskforce.

§18-5-20. School libraries; librarian.

§18-5-21. Free textbooks.

§18-5-21a. Textbooks to be furnished pupils whose parents are unable to provide same.

§18-5-21b. Textbooks may be furnished to pupils in private schools whose parents are unable to provide same.

§18-5-21c. Distribution of free textbook funds; determination of amount county shall receive.

§18-5-21d. "Free textbook account"; use of surplus; order of preference in providing free textbooks; purchase of library books, supplementary materials, and used textbooks.

§18-5-21e. Rules and regulations for care, distribution and use of free textbooks; reports by county boards; funds may be withheld from county for violation of rules.

§18-5-22. Medical and dental inspection; school nurses; specialized health procedures; establishment of council of school nurses.

§18-5-22a. Policy for the administration of medications.

§18-5-22b. Providing for self-administration of asthma medication; definitions; conditions; indemnity from liability; rules.

§18-5-22c. Providing for the maintenance and use of epinephrine auto-injectors; administration of injections; notice; indemnity from liability; rules.

§18-5-22d. Providing for the maintenance and use of opioid antagonist; administration; notice; indemnity from liability; rules.

§18-5-22e. Cardiac response plans.

§18-5-23. Dental clinics and treatment.

§18-5-24. Purchase and display of United States flag; penalty for failure to display.

§18-5-25. Duties of superintendent as secretary of board.

§18-5-26. School buildings as child care facilities.

§18-5-27. Requirement to publish curriculum online; parental right to inspect instructional materials; listing books on syllabus; right to file complaint.

§18-5-28. Meetings among county boards of education to explore and discuss the feasibility of consolidating school districts or sharing certain services.

§18-5-29. Repealed. Acts, 1933 Ex. Sess., Ch. 8.

§18-5-30. Repealed. Acts, 1933 Ex. Sess., Ch. 8.

§18-5-31. Repealed. Acts, 1983 Reg. Sess., Ch. 70.

§18-5-32. Assistant superintendents; directors and supervisors of instruction and other educational activities.

§18-5-33. Board may fix special salary schedules.

§18-5-34. Other authority and duties of district boards.

§18-5-35. Group insurance.

§18-5-36. Payment for fire services on public school property.

§18-5-36a. Authority to offer rewards.

§18-5-37. Repealed. Acts, 2013 Reg. Sess., Ch. 83.

§18-5-38. Repealed. Acts, 2014 Reg. Sess., Ch. 47.

§18-5-39. Establishment of summer school programs; tuition.

§18-5-40. Repealed. Acts, 2013 Reg. Sess., Ch. 56.

§18-5-41. Content based censorship of American history prohibited.

§18-5-41a. Allowing discussion of certain scientific theories.

§18-5-42. County-wide council on productive and safe schools.

§18-5-43. Duty of the county board of education to report the county-wide productive and safe school plans to the West Virginia Board of Education.

§18-5-44. Early childhood education programs.

§18-5-45. School calendar.

§18-5-45a. Legislative findings; time lost due to work stoppage or strike; effect on pay and extracurricular activities; closure of schools due to work stoppage or strike prohibited.

§18-5-46. Requiring teacher to change grade prohibited; teacher recommendation relating to promotion.

§18-5-47. County board flood insurance requirements.

§18-5-48. Safety and security measures for school facilities; Safe Schools Fund created.

§18-5-49. County board exceptional needs expenditures from surplus funds.

§18-5-50. West Virginia Tutoring Program.

§18-5-51. Cardiopulmonary Resuscitation Instruction Fund.

CHAPTER 18, ARTICLE 5A. LOCAL SCHOOL INVOLVEMENT.

§18-5A-1. Intent and purpose of article.

§18-5A-2. Local school improvement councils; election and appointment of members and officers; meetings; required meetings with county board; assistance from state board.

§18-5A-2a. Local school improvement council modification for certain jointly established and across county schools.

§18-5A-3. County board authority to designate innovation schools; local school improvement council proposals of alternatives to operation of school; process for requesting waivers of rules, policies, interpretations and statutes to implement alternatives.

§18-5A-3a. Waivers of statutes granted to public schools pursuant to recommendations submitted by local school improvement councils; limitations.

§18-5A-4. State board to establish criteria for selecting schools of excellence; annual school of excellence awards.

§18-5A-5. Public school faculty senates established; election of officers; powers and duties.

§18-5A-6. Establishment of school curriculum teams; process for teacher collaboration to improve learning.

CHAPTER 18, ARTICLE 5B. SCHOOL INNOVATION ZONES ACT.

§18-5B-1. Title.

§18-5B-2. Legislative findings and purpose.

§18-5B-3. School innovation zones; application for designation; state board rule.

§18-5B-4. Innovation zones; required plans; plan approval; state board rule.

§18-5B-5. Approval of innovation zone plans; waiver of statutes, policies, rules or interpretations.

§18-5B-6. Employee approval of innovation plan application and plan; transfer of employees.

§18-5B-7. Progress reviews and annual reports.

§18-5B-8. Teacher vacancies in an innovation zone; job postings exceeding certain qualifications and requirements; approval of postings.

§18-5B-9. Establishment of new innovation zone schools by state institutions of higher education.

§18-5B-10. Exceptions to statutes granted to innovation zones; limitations.

§18-5B-11. Local Solution Dropout Prevention and Recovery Innovation Zone Act.

§18-5B-12. School system collaborative innovation zone; requirements to qualify; application for designation; required plans for innovation zones; plan approval; waiver of statutes, policies, rules or interpretations; progress reviews and annual reports; teacher vacancies, job postings and approval.

§18-5B-13. Innovation school district Act; legislative findings, intent and purpose; eligibility; application; innovation plan and plan approval; designation; waiver of statutes, policies, rules or interpretations; exceptions; progress reviews and annual reports; state board rule.

§18-5B-14. Termination of funding for School Innovation Zones and Local Solution Dropout Prevention and Recovery Innovation Zones.

CHAPTER 18, ARTICLE 5C. COMMITTEE REORGANIZATION AND COLLABORATIVE TEAM WAIVERS.

§18-5C-1. Purpose.

§18-5C-2. Application to create or augment existing collaborative teams; contents and approval of application; grant of rule waivers for certain school-level committees required by state board rule.

§18-5C-3. Rulemaking.

CHAPTER 18, ARTICLE 5D. WEST VIRGINIA FEED TO ACHIEVE ACT.

§18-5D-1. Short title.

§18-5D-2. Legislative findings; intent.

§18-5D-3. School nutrition programs.

§18-5D-3A. Unsafe food additives prohibited.

§18-5D-4. Creating public-private partnerships; creating nonprofit foundation or fund; audit.

§18-5D-5. Shared table initiative.

§18-5D-6. West Virginia Emergency School Food Act.

CHAPTER 18, ARTICLE 5E. INNOVATION IN EDUCATION ACT.

§18-5E-1. Purpose.

§18-5E-2. Innovation in Education school defined.

§18-5E-3. Application for Innovation in Education school designation; application review and approval; state board rule.

§18-5E-4. Innovation in Education Plan; required contents; measurable annual performance goals; uses.

§18-5E-5. Operational agreement between Innovation in Education school and county board.

§18-5E-6. Evaluation of Innovation in Education designated schools.

§18-5E-7. Innovation in education fund.

§18-5E-8. Innovation in Education/Mastery-Based schools; legislative findings, purpose and intent; definitions; applicability of other provisions; state board duties for implementation; student credentials upon transfer and matriculation.

CHAPTER 18, ARTICLE 5F. ACCESSIBILITY AND EQUITY IN PUBLIC EDUCATION ENHANCEMENT ACT.

§18-5F-1. Short title.

§18-5F-2. Legislative findings; purpose.

§18-5F-3. Definitions.

§18-5F-4. County board policy adoption.

§18-5F-5. Compliance with existing state law.

§18-5F-6. Report to Legislative Oversight Commission on Education Accountability.

CHAPTER 18, ARTICLE 5G. PUBLIC CHARTER SCHOOLs.

§18-5G-1. Legislative purpose and intent; liberal interpretation; prohibiting conversion of private schools; prohibiting profit or monetary consideration by elected officials; limiting authorization of public charter schools; legislative auditor report.

§18-5G-2. Definitions.

§18-5G-3. Public charter school criteria, governance structure and statutory compliance requirements; applicable federal and state laws.

§18-5G-4. West Virginia Board of Education; powers and duties for implementation, general supervision and support of public charter schools.

§18-5G-5. State board rule relating to funding for public charter school enrollment and other necessary provisions; local education agency status; authorizer oversight fee.

§18-5G-6. Authorizer powers and duties.

§18-5G-7. Public Charter school governing board.

§18-5G-8. Application to establish public charter school.

§18-5G-9. Charter contract requirements; term of contract.

§18-5G-10. Charter contract renewal; performance report by authorizer and renewal guidance; renewal application; renewal term; nonrenewal; closure and dissolution.

§18-5G-11. Public charter school students; enrollment and eligibility; enrollment preferences; random selection lottery; enrollment discrimination prohibited; credit transfers; participation in interscholastic sports.

§18-5G-12. Access to public facilities.

§18-5G-13. Appeal of authorizer’s decision to West Virginia Board of Education.

§18-5G-14. Virtual public charter schools.

§18-5G-15. West Virginia Professional Charter School Board; members; appointments; meetings.

§18-5G-16. Charter contract and enrollment application deadlines for schools opening in 2022, only.

§18-5G-17. Charter Schools Stimulus Fund.

CHAPTER 18, ARTICLE 6. DRIVER EDUCATION.

§18-6-1. Purpose and objectives of article.

§18-6-2. Where provided; permit or certificate for persons who are not professional educators to teach course.

§18-6-3. State board to establish minimum course standards; students with mental or physical defects; minimum standards specified.

§18-6-4. Rules.

§18-6-5. Establishment and maintenance of driver education course; who may enroll; exemption from learner's permit requirement; nonpermit student drivers.

§18-6-6. Expenditure of school funds for driver education courses; appropriations.

§18-6-7. Automobile liability insurance covering vehicles used in driver education.

§18-6-8. Driver education course to be made available to all secondary school pupils prior to their graduation; exemption; application by pupil for unrestricted operator's license.

§18-6-9. Repealed. Acts, 2014 Reg. Sess., Ch. 52.

§18-6-10. Repealed. Acts, 2014 Reg. Sess., Ch. 52.

CHAPTER 18, ARTICLE 7. ADULT LITERACY EDUCATION PROGRAM.

§18-7-1. Repealed. Acts, 2014 Reg. Sess., Ch. 47.

§18-7-2. Repealed. Acts, 2014 Reg. Sess., Ch. 47.

§18-7-3. Repealed. Acts, 2014 Reg. Sess., Ch. 47.

CHAPTER 18, ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.

§18-7A-1. Establishment of retirement system.

§18-7A-2. Supplemental benefits.

§18-7A-2a. Governing boards of educational institutions authorized to pay supplemental retirement benefits.

§18-7A-3. Definitions.

§18-7A-3a. Federal qualification requirements.

§18-7A-4. Teachers retirement board.

§18-7A-5. Repealed. Acts, 2010 Reg. Sess., Ch. 33.

§18-7A-6. Repealed. Acts, 2010 Reg. Sess., Ch. 33.

§18-7A-7. Repealed. Acts, 2010 Reg. Sess., Ch. 33.

§18-7A-8. Repealed. Acts, 2010 Reg. Sess., Ch. 33.

§18-7A-9. Repealed. Acts, 2010 Reg. Sess., Ch. 33.

§18-7A-10. Repealed. Acts, 2010 Reg. Sess., Ch. 33.

§18-7A-11. Records; actuarial data; tables; specification of actuarial assumptions.

§18-7A-12. Reports by retirement board.

§18-7A-13. Membership in retirement system; cessation of membership; reinstatement of withdrawn service.

§18-7A-13a. Resumption of service by retired teachers.

§18-7A-13b. Option of certain present members to elect between state and federal retirement systems; payment of contributions to federal system.

§18-7A-14. Contributions by members; contributions by employers; forfeitures.

§18-7A-14a. Options of certain members to elect between state Teachers Retirement System, a combination of that system and a supplemental retirement system, and a retirement plan other than the state Teachers Retirement System.

§18-7A-14b. Members' option to make contributions for periods of temporary total disability.

§18-7A-14c. Correction of errors; underpayments; overpayments.

§18-7A-15. Collection of membership contributions.

§18-7A-16. Transfer of appropriations.

§18-7A-17. Statement and computation of teachers' service.

§18-7A-17a. Qualified military service.

§18-7A-17b. Military service credit for members of the West Virginia National Guard.

§18-7A-18. Teachers Retirement System Fund; transfers.

§18-7A-18a. Calculation of allocation to Teachers Retirement System Fund.

§18-7A-19. Custody of funds; disbursements; bond of custodian; annual statement.

§18-7A-20. Investment of funds.

§18-7A-21. Misuse of funds; penalties.

§18-7A-22. Persons eligible for prior service pensions.

§18-7A-23. Withdrawal and death benefits.

§18-7A-23a. Terminal benefits.

§18-7A-24. Repealed. Acts, 2006 Reg. Sess., Ch. 200.

§18-7A-25. Eligibility for retirement allowance.

§18-7A-25a. Prohibited forced retirement of college and university professors.

§18-7A-25b. Withdrawal and eligibility for retirement allowance for a person who first becomes a member of the retirement system on or after July 1, 2015.

§18-7A-26. Computation of annuities.

§18-7A-26a. Additional benefits for certain annuitants.

§18-7A-26b. Supplemental benefits for certain annuitants.

§18-7A-26c. Supplemental benefits for certain annuitants.

§18-7A-26d. Supplemental benefits for certain annuitants.

§18-7A-26e. Supplemental benefits to certain annuitants.

§18-7A-26f. Supplemental benefits for certain annuitants.

§18-7A-26g. Supplemental benefits for certain annuitants.

§18-7A-26h. Supplemental benefits for certain annuitants.

§18-7A-26i. Supplemental benefits for retired teachers.

§18-7A-26j. Supplemental benefits for certain teachers who retired prior to July 1, 1981.

§18-7A-26k. Supplemental benefits for certain teachers who retired between July 1, 1981, and July 1, 1982.

§18-7A-26l. Supplemental benefits for certain teachers who retired prior to July 1, 1982.

§18-7A-26m. Supplemental benefits for certain teachers.

§18-7A-26n. Supplemental benefits for certain teachers who retired on or after July 1, 1984, but prior to July 1, 1986.

§18-7A-26o. Supplemental benefits for certain teachers who retired prior to July 1, 1986.

§18-7A-26p. Supplemental benefits for certain teachers who retired on or after July 1, 1986, but prior to April 1, 1988.

§18-7A-26q. Supplemental benefits for certain teachers who retired prior to April 1, 1988.

§18-7A-26r. Minimum benefit for certain retired members; legislative declaration; state interest and public purpose.

§18-7A-26s. One-time supplement for certain annuitants effective July 1, 2001.

§18-7A-26t. One-time supplement for certain annuitants effective July 1, 2006.

§18-7A-26u. One-time bonus payment for certain annuitants effective July 1, 2008.

§18-7A-26v. One-time bonus payment for certain annuitants effective July 1, 2011.

§18-7A-26w. Minimum benefit for certain retired members.

§18-7A-26x. One-time bonus payment for certain annuitants.

§18-7A-26y. Minimum benefit for certain retired members.

§18-7A-27. Regular interest.

§18-7A-28. Options to beneficiaries; change of certain options because of divorce or annulment; limitation on recalculated monthly benefits.

§18-7A-28a. Federal law maximum benefit limitations.

§18-7A-28b. Federal law minimum required distributions.

§18-7A-28c. Direct rollovers.

§18-7A-28d. Rollovers and transfers to purchase service credit or repay withdrawn contributions.

§18-7A-28e. Limitations on benefit increases.

§18-7A-29. Fraud; penalties.

§18-7A-30. Exemption from taxation, garnishment and other process; exception for qualified domestic relations order.

§18-7A-31. Unexpended funds under prior appropriations.

§18-7A-32. Inconsistent acts repealed.

§18-7A-33. Constitutionality.

§18-7A-34. Loans to members.

§18-7A-35. Coverage for nonteaching employees; prior service credit.

§18-7A-35a. Prior service credit for former members of the state Teachers Retirement System employed in a nonteaching capacity.

§18-7A-35b. Temporary early retirement incentives program; legislative declarations and findings; termination date.

§18-7A-35c. Termination of benefits; procedure.

§18-7A-36. Joint study of state retirement systems; report to Joint Committee on Government and Finance by specified date of study conclusions.

§18-7A-37. Benefits not forfeited if system terminates.

§18-7A-38. Maximum number of days a retired teacher may accept employment; calculating days worked for retirants engaged in substitute teaching.

§18-7A-39. Employee Pension and Health Care Benefits Fund.

§18-7A-40. Higher education employees.

CHAPTER 18, ARTICLE 7B. TEACHERS' DEFINED CONTRIBUTION RETIREMENT SYSTEM.

§18-7B-1. Short title.

§18-7B-2. Definitions.

§18-7B-3. Defined contribution retirement system created and established; body corporate.

§18-7B-4. Article to be liberally construed; purpose; federal qualification requirements.

§18-7B-5. Administration of the teachers' defined contribution retirement system.

§18-7B-6. Powers and duties of the consolidated board in the administration of the defined contribution system.

§18-7B-7. Participation in Teachers' Defined Contribution Retirement System; limiting participation in existing Teachers Retirement System.

§18-7B-7a. Plan closed to persons employed for the first time after June, 2005; former employees.

§18-7B-8. Voluntary participation in system; expiration of right to elect membership in defined contribution system.

§18-7B-8a. Qualified military service.

§18-7B-9. Members' contributions; annuity account established.

§18-7B-10. Employer contributions.

§18-7B-11. Termination of membership.

§18-7B-11a. Rollovers and transfers to repay cashed-out or withdrawn contributions.

§18-7B-12. Retirement, commencement of annuity payments, payments under a qualified domestic relations order.

§18-7B-12a. Federal minimum required distributions.

§18-7B-13. Amount of annuity payments; federal law maximum benefit

§18-7B-13b. Direct rollovers.

§18-7B-14. Supplemental annuity contracts.

§18-7B-15. Account statements.

§18-7B-16. Years of employment service.

§18-7B-17. Deposits to the members' annuity accounts.

§18-7B-18. Right to benefits not subject to execution, etc.; exception for qualified domestic relations orders.

§18-7B-19. Benefits not forfeited if system terminates.

§18-7B-20. Prohibition of involuntary cash-outs.

§18-7B-21. Correction of errors; underpayments; overpayments.

CHAPTER 18, ARTICLE 7C. MERGER OF TEACHERS' DEFINED CONTRIBUTION RETIREMENT SYSTEM WITH STATE TEACHERS RETIREMENT SYSTEM.

§18-7C-1. Repealed.Acts, 2008 1ES. Sess., Ch. 7.

§18-7C-2. Repealed.Acts, 2008 1ES. Sess., Ch. 7.

§18-7C-3. Repealed.Acts, 2008 1ES. Sess., Ch. 7.

§18-7C-4. Repealed.Acts, 2008 1ES. Sess., Ch. 7.

§18-7C-5. Repealed.Acts, 2008 1ES. Sess., Ch. 7.

§18-7C-6. Repealed.Acts, 2008 1ES. Sess., Ch. 7.

§18-7C-7. Repealed.Acts, 2008 1ES. Sess., Ch. 7.

§18-7C-8. Repealed.Acts, 2008 1ES. Sess., Ch. 7.

§18-7C-9. Repealed.Acts, 2008 1ES. Sess., Ch. 7.

§18-7C-10. Repealed.Acts, 2008 1ES. Sess., Ch. 7.

§18-7C-11. Repealed.Acts, 2008 1ES. Sess., Ch. 7.

§18-7C-12. Repealed.Acts, 2008 1ES. Sess., Ch. 7.

§18-7C-13. Repealed.Acts, 2008 1ES. Sess., Ch. 7.

§18-7C-14. Repealed.Acts, 2008 1ES. Sess., Ch. 7.

CHAPTER 18, ARTICLE 7D. VOLUNTARY TRANSFER FROM TEACHERS' DEFINED CONTRIBUTION RETIREMENT SYSTEM TO STATE TEACHERS RETIREMENT SYSTEM.

§18-7D-1. Legislative findings and purpose.

§18-7D-2. Definitions.

§18-7D-3. Voluntary transfers.

§18-7D-4. Notice, education, record-keeping requirements.

§18-7D-5. Conversion of assets from Defined Contribution Retirement System to State Teachers Retirement System; contributions; loans.

§18-7D-6. Service credit in State Teachers Retirement System following transfer; conversion of assets; adjustments.

§18-7D-7. Period for affirmative election to transfer; board may contract for professional services.

§18-7D-8. Results considered final.

§18-7D-9. Qualified domestic relations orders.

§18-7D-10. Vesting.

§18-7D-11. Minimum guarantees.

§18-7D-12. Transferees' eligibility to retire.

CHAPTER 18, ARTICLE 8. COMPULSORY SCHOOL ATTENDANCE.

§18-8-1. Compulsory school attendance; exemptions.

§18-8-1a. Commencement and termination of compulsory school attendance; public school entrance requirements; exceptions.

§18-8-2. Offenses; penalties; cost of prosecution; jurisdiction.

§18-8-3. Employment of county director of school attendance and assistants; qualifications; salary and traveling expenses; removal.

§18-8-4. Duties of attendance director and assistant directors; complaints, warrants and hearings.

§18-8-5. Duties of principal, administrative head or other chief administrator.

§18-8-5a. Home visitations.

§18-8-6. The High School Graduation Improvement Act.

§18-8-6a. Incentive for county board participation in circuit court juvenile probation truancy programs.

§18-8-7. Aiding or abetting violations of compulsory attendance; penalty.

§18-8-8. Child suspended for failure to comply with requirements and regulations treated as unlawfully absent.

§18-8-9. Report and disposition of fines collected.

§18-8-10. Compulsory education of deaf and blind; offenses; penalties; names of deaf and blind.

§18-8-11. School attendance and satisfactory academic progress as conditions of licensing for privilege of operation of motor vehicle.

§18-8-12. Issuance of a diploma or other appropriate credential by public, private, home

CHAPTER 18, ARTICLE 8A. ATTENDANCE OF HOMELESS CHILDREN.

§18-8A-1. Legislative findings; definition of homeless child.

§18-8A-2. Residence of child.

§18-8A-3. Attendance of homeless children.

§18-8A-4. Report on at-risk children.

CHAPTER 18, ARTICLE 9. SCHOOL FINANCES.

§18-9-1. School levies; when levy election necessary; special election.

§18-9-2. Elections under this chapter; procedure.

§18-9-2a. Levies.

§18-9-2b. Repealed. Acts, 2013 Reg. Sess., Ch. 56.

§18-9-2c. Transfer of funds remaining after retirement of school bonds; use of funds.

§18-9-2d. Transfer of funds for investment.

§18-9-3. Collection and disbursement of school money by sheriff; signing of orders for payment of money; forgery of signatures; penalties.

§18-9-3a. Preparation, publication, and disposition of financial statements by county boards of education.

§18-9-4. Nonpayment of order; liability of treasurer of county board.

§18-9-5. Repealed. Acts, 2013 Reg. Sess., Ch. 56.

§18-9-6. Transfer of moneys; appointment of treasurer; bonding of treasurer; approval of bank accounts; authority to invest; security for funds invested.

§18-9-6a. County Board of Education treasurer authorized to make funds available to state Board of Investments; allocation of income.

§18-9-7. Repealed. Acts, 2013 Reg. Sess., Ch. 56.

§18-9-8. Repealed. Acts, 2013 Reg. Sess., Ch. 56.

CHAPTER 18, ARTICLE 9A. PUBLIC SCHOOL SUPPORT.

§18-9A-1. Legislative findings; public school support plan.

§18-9A-2. Definitions.

§18-9A-2a. Repealed. Acts, 2014 1ES Sess., Ch. 5.

§18-9A-3. Total state basic foundation program.

§18-9A-3a. Repealed. Acts, 2013 Reg. Sess., Ch. 56.

§18-9A-3b. Repealed. Acts, 2013 Reg. Sess., Ch. 56.

§18-9A-4. Foundation allowance for professional educators.

§18-9A-5. Foundation allowance for service personnel.

§18-9A-5a. Repealed. Acts, 2008 Reg. Sess., Ch. 71.

§18-9A-5b. Repealed. Acts, 2008 Reg. Sess., Ch. 71.

§18-9A-6. Foundation allowance for fixed charges.

§18-9A-6a. Teachers retirement fund allowance; unfunded liability allowance.

§18-9A-6b. Repealed. Acts, 2014 Reg. Sess., Ch. 47.

§18-9A-7. Foundation allowance for transportation cost.

§18-9A-7a. Report on alternate method for funding student transportation costs required.

§18-9A-8. Foundation allowance for professional student support services.

18-9A-8a. Foundation allowance for regional education service agencies.

§18-9A-9. Foundation allowance for other current expense and substitute employees and faculty senates.

§18-9A-10. Foundation allowance to improve instructional programs, instructional technology, and teacher and leader induction and professional growth.

§18-9A-10a. Repealed. Acts, 2008 Reg. Sess., Ch. 71.

§18-9A-11. Computation of local share; appraisal and assessment of property; valuations for tax increment financing purposes; computations in growth counties; public library support.

§18-9A-12. County basic foundation; total basic state aid allowance.

§18-9A-13. Repealed. Acts, 2013 Reg. Sess., Ch. 56.

§18-9A-13a. Repealed. Acts, 2013 Reg. Sess., Ch. 56.

§18-9A-13b. Repealed. Acts, 2013 Reg. Sess., Ch. 56.

§18-9A-14. Allowance for county transfers.

§18-9A-14a. Repealed. Acts, 2014 Reg. Sess., Ch. 47.

§18-9A-15. Allowance for increased enrollment; extraordinary sustained increased enrollment impact supplement.

§18-9A-16. General school fund and its use.

§18-9A-17. Administration of school finance.

§18-9A-18. Rules and regulations.

§18-9A-19. State Aid Block Grant Funding.

§18-9A-20. Repeal of inconsistent provisions.

§18-9A-21. Funding for alternative education programs.

§18-9A-22. Supplemental funding for the provision of programs required for Limited English Proficient (LEP) students.

§18-9A-23. Obtaining state funds by falsifying reports; penalty.

§18-9A-24. Foundation allowance for Public Employees Insurance Fund.

§18-9A-25. Funding for Hope Scholarship Program.

§18-9A-26. Repealed. Acts, 2013 Reg. Sess., Ch. 56.

CHAPTER 18, ARTICLE 9B. STATE BOARD OF SCHOOL FINANCE.

§18-9B-1. Purpose and construction of article.

§18-9B-2. Definitions.

§18-9B-3. State Superintendent of Schools.

§18-9B-4. Powers and duties of State Superintendent of Schools.

§18-9B-5. School district budgeting.

§18-9B-6. Submission and approval of budget.

§18-9B-6a. Delaying submission of budget.

§18-9B-7. Determination by the state superintendent before final approval of budget; length of term.

§18-9B-8. Projected expenditures order of revision in budget.

§18-9B-9. Uniform accounting systems for school districts.

§18-9B-10. Restrictions on county boards.

§18-9B-11. Repealed. Acts, 2013 Reg. Sess., Ch. 56.

§18-9B-11a. Adjustments in average daily attendance to assure equitable allocation of aid.

§18-9B-12. Practices of fiscal administration.

§18-9B-13. Inspection and audit of school finance administration.

§18-9B-14. Establishment of permanent improvement fund; contents and use of fund.

§18-9B-14a. County boards authorized to create special building funds; transfers to and use of fund.

§18-9B-15. Permanent improvement fund — To be treated as separate fund; expenditures; limitation on accumulations and assets of fund.

§18-9B-16. Repealed. Acts, 2013 Reg. Sess., Ch. 56.

§18-9B-17. Duties of county board and county superintendent.

§18-9B-18. Issuance and enforcement of orders.

§18-9B-19. Withholding of state aid for noncompliance by county board.

§18-9B-20. Fiscal reports to state superintendent.

§18-9B-21. Reports by state superintendent.

§18-9B-22. Searchable budget database and website.

CHAPTER 18, ARTICLE 9C. STATE AID FOR CONSTRUCTION, RENOVATION AND REMODELING OF SCHOOL BUILDINGS AND EQUIPPING OF THE SAME.

§18-9C-1. Repealed. Acts, 2014 Reg. Sess., Ch. 47.

§18-9C-2. Repealed. Acts, 2014 Reg. Sess., Ch. 47.

§18-9C-3. Repealed. Acts, 2014 Reg. Sess., Ch. 47.

§18-9C-4. Repealed. Acts, 2014 Reg. Sess., Ch. 47.

§18-9C-5. Repealed. Acts, 2014 Reg. Sess., Ch. 47.

§18-9C-6. Repealed. Acts, 2014 Reg. Sess., Ch. 47.

§18-9C-7. Repealed. Acts, 2014 Reg. Sess., Ch. 47.

§18-9C-8. Repealed. Acts, 2014 Reg. Sess., Ch. 47.

CHAPTER 18, ARTICLE 9D. SCHOOL BUILDING AUTHORITY.

§18-9D-1. School Building Authority; powers.

§18-9D-2. Definitions.

§18-9D-3. Powers of authority; School Building Authority Fund.

§18-9D-4. School building authority authorized to issue refunding revenue bonds for school building capital improvement projects.

§18-9D-4a. Savings from issuance of refunding bonds.

§18-9D-4b. School Building Authority authorized to issue bonds and pay debt service on bonds with funds distributed from State Excess Lottery Fund.

§18-9D-4c. School Building Authority authorized to temporarily finance projects through the issuance of loans, notes or other evidences of indebtedness.

§18-9D-4d. Emergency facility and equipment repair or replacement fund for financially distressed counties.

§18-9D-5. School building authority authorized to offer individual higher education savings plans.

§18-9D-6. School Construction Fund in State Treasury; School Building Debt Service Fund in State Treasury; School Improvement Fund in State Treasury; collections to be paid into special funds; Excess Lottery School Building Debt Service Fund in State Treasury; authority to pledge the collections as security for refunding revenue bonds; authority to finance projects on a cash basis.

§18-9D-7. Authority to fix and collect rents.

§18-9D-8. Use of proceeds of bonds; bonds exempt from taxation.

§18-9D-9. Issuance of revenue refunding bonds; use of moneys; power to enter into escrow agreements; call for redemption.

§18-9D-10. Bonds may be issued for combined purposes.

§18-9D-11. Bonds shall be negotiable instruments.

§18-9D-12. Trust agreements for holders of bonds.

§18-9D-13. Payment of bonds.

§18-9D-14. Credit of state not pledged.

§18-9D-15. Legislative intent; allocation of money among categories of projects; lease-purchase options; limitation on time period for expenditure of project allocation; county maintenance budget requirements; project disbursements over period of years; preference for multicounty arrangements; submission of project designs; set-aside to encourage local participation.

§18-9D-16. Authority to establish guidelines and procedures for facilities and major improvement plans; guidelines for modifications and updates, etc.; guidelines for project evaluation; submission of certified list of projects to be funded; department on-site inspection of facilities; enforcement of required changes or additions to project plans.

§18-9D-17. Limitations on contracts for sale of bonds or other securities.

§18-9D-18. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§18-9D-19. Comprehensive high schools.

§18-9D-19a. Comprehensive middle schools.

§18-9D-20. Authority to promulgate rules; legislative authorization; effective date of rules; technical deficiencies waived.

§18-9D-21. Authorizing rules of School Building Authority.

CHAPTER 18, ARTICLE 9E. AIR QUALITY IN NEW SCHOOLS ACT.

§18-9E-1. Short title.

§18-9E-2. Definitions.

§18-9E-3. Air quality in new schools.

§18-9E-4. Heating, ventilation, and air-conditioning technicians.

§18-9E-5. Investigation of indoor air quality complaints in existing schools and schools subsequently constructed.

CHAPTER 18, ARTICLE 9F. SCHOOL ACCESS SAFETY ACT.

§18-9F-1. Legislative findings and intent.

§18-9F-2. Definitions.

§18-9F-3. School access safety plan.

§18-9F-4. Guidelines and procedures for school access safety plans; project evaluation; on-site inspection of facilities.

§18-9F-5. School Access Safety Fund.

§18-9F-6. Allocation of funds; eligibility for funding.

§18-9F-7. School access safety requirements for new schools.

§18-9F-8. Report.

§18-9F-9. Crisis Response Plan.

§18-9F-10. School safety requirements.

CHAPTER 18, ARTICLE 9G. WATER BOTTLE FILLING STATIONS.

§18-9G-1. Purpose.

§18-9G-2. Definitions.

§18-9G-3. Plans for new construction and major improvements of public school buildings required to provide sufficient water bottle filling stations.

CHAPTER 18, ARTICLE 10. FEDERAL AID AND GIFTS FOR EDUCATIONAL PURPOSES.

§18-10-1. Assent to federal land grants for West Virginia University; investment of funds from sale of land warrants.

§18-10-2. Federal aid for West Virginia agricultural experiment station.

§18-10-3. Federal aid for West Virginia University and West Virginia State University.

§18-10-4. Federal aid for cooperative agricultural extension work.

§18-10-5. Federal aid for vocational education; duties of state Board of Education.

§18-10-6. Repealed. Acts, 1945 Reg. Sess., Ch. 58.

§18-10-7. Repealed. Acts, 1945 Reg. Sess., Ch. 58.

§18-10-8. Acceptance and distribution of future federal funds available to state.

§18-10-9. State Board of Education, board of Governors and commissioner of public institutions empowered to carry out provisions of federal aid acts.

§18-10-10. Custody and disbursement of federal funds.

§18-10-11. West Virginia Library Commission authorized to accept federal appropriations for rural library service; Governor may supplement state appropriation.

§18-10-12. Custody and disbursement of library funds.

§18-10-13. State educational institutions authorized to participate in federal student loan program.

CHAPTER 18, ARTICLE 10A. REHABILITATION SERVICES.

§18-10A-1. Definitions.

§18-10A-2. Division of Rehabilitation Services.

§18-10A-2a. Rehabilitation teachers.

§18-10A-3. Director of division of vocational rehabilitation; powers and duties.

§18-10A-4. Vocational rehabilitation services.

§18-10A-4a. Attendant care services.

§18-10A-5. Cooperation with federal government.

§18-10A-6. Custody and disbursement of vocational rehabilitation funds.

§18-10A-6a. West Virginia Rehabilitation Services Special Account; expenditures.

§18-10A-7. Gifts.

§18-10A-8. Eligibility for vocational rehabilitation.

§18-10A-9. Grievance hearings.

§18-10A-10. Misuse of vocational rehabilitation lists and records; penalty.

§18-10A-11. Repealed. Acts, 2009 Reg. Sess., Ch. 35.

§18-10A-12. Vocational evaluation and work adjustment program for disadvantaged individuals.

§18-10A-12a. Workers' compensation for clients participating in unpaid work-based training programs.

§18-10A-13. Social security disability determination section.

§18-10A-14. Duties of assistant director of social security disability determination section.

§18-10A-15. Establishment of a central registry of traumatic head injury; acute care facility required to report head injury.

CHAPTER 18, ARTICLE 10B. VOCATIONAL REHABILITATION FACILITIES.

§18-10B-1. Definitions.

§18-10B-2. Establishment of state vocational rehabilitation facilities.

§18-10B-2a. Advance payment to facilities.

§18-10B-3. Establishment of local vocational rehabilitation facilities.

§18-10B-4. Rules and regulations.

§18-10B-5. Cooperation with federal government in vocational rehabilitation facility program.

§18-10B-6. Cooperation with state department of health.

§18-10B-7. Personnel.

§18-10B-8. Advisory committee.

§18-10B-9. Contracts for supplying goods and services; remuneration to client; vocational rehabilitation industries account.

§18-10B-10. Authorized rental of State Vocational Rehabilitation facilities.

CHAPTER 18, ARTICLE 10C. THE SOUTHERN REGIONAL EDUCATION COMPACT.

§18-10C-1. Approval of compact.

§18-10C-2. Engrossed copies of article to be furnished Governors.

§18-10C-3. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 18, ARTICLE 10D. COMPACT FOR EDUCATION.

§18-10D-1. Enactment of compact.

§18-10D-2. Members of the education commission of the states; term; qualifications.

§18-10D-3. West Virginia education council; composition; meetings; duties.

§18-10D-4. Bylaws of commission filed with Secretary of State.

§18-10D-5. Cooperation of state agencies, boards, departments, etc.

§18-10D-6. Appropriations.

§18-10D-7. Severability clause.

CHAPTER 18, ARTICLE 10E. INTERSTATE COMPACT ON QUALIFICATIONS OF EDUCATIONAL PERSONNEL.

§18-10E-1. Enactment of compact.

§18-10E-2. Effective date.

CHAPTER 18, ARTICLE 10F. DISABLED PERSONS AND PUBLIC USE BUILDINGS AND FACILITIES.

§18-10F-1. Interstate Compact on Educational Opportunity for Military Children.

§18-10F-2. Enactment of Interstate Compact.

§18-10F-3. Repealed. Acts, 1994 Reg. Sess., Ch. 146.

§18-10F-4. Repealed. Acts, 1994 Reg. Sess., Ch. 146.

§18-10F-5. Repealed. Acts, 1994 Reg. Sess., Ch. 146.

§18-10F-6. Repealed. Acts, 1994 Reg. Sess., Ch. 146.

§18-10F-7. Repealed. Acts, 1994 Reg. Sess., Ch. 146.

CHAPTER 18, ARTICLE 10G. PROVIDING OF FOOD SERVICE IN PUBLIC OFFICE BUILDINGS BY THE WEST VIRGINIA DIVISION OF VOCATIONAL REHABILITATION.

§18-10G-1. Policy and purposes; construction of article.

§18-10G-2. Definitions.

§18-10G-3. Operation of food service in public office buildings by West Virginia division of vocational rehabilitation; operation of food service by governmental agency in violation of article prohibited.

§18-10G-4. Licenses.

§18-10G-5. Vending machine income.

§18-10G-5a. Rehabilitation Services Vending Program Fund created.

§18-10G-6. Appeals.

§18-10G-7. Committee of blind vendors.

CHAPTER 18, ARTICLE 10H. ALBERT YANNI PROGRAMS OF EXCELLENCE IN VOCATIONAL-TECHNICAL EDUCATION.

§18-10H-1. Purpose; legislative intent.

§18-10H-2. Academy for talented vocational-technical education students.

§18-10H-3. Scholarship fund for vocational-technical education students and educators.

§18-10H-4. Interdisciplinary doctoral program in vocational-technical education.

§18-10H-5. Vocational-technical education administrator's academy.

§18-10H-6. Effective schools program in vocational-technical education.

§18-10H-7. Unified technology transfer program.

CHAPTER 18, ARTICLE 10I. WEST VIRGINIA SUPPORTED EMPLOYMENT PROGRAM.

§18-10I-1. Findings.

§18-10I-2. Definitions.

§18-10I-3. Supported employment program.

§18-10I-4. Eligibility; primary focus.

CHAPTER 18, ARTICLE 10J. BLIND PERSONS' LITERACY RIGHTS AND EDUCATION ACT.

§18-10J-1. Short title.

§18-10J-2. Definitions.

§18-10J-3. Individualized education program.

§18-10J-4. Standards of competency and instruction.

§18-10J-5. Instructional materials.

§18-10J-6. Teacher certification and training.

CHAPTER 18, ARTICLE 10K. WEST VIRGINIA TRAUMATIC BRAIN AND SPINAL CORD INJURY REHABILITATION FUND ACT.

§18-10K-1. Transfer of fund to Department of Health.

§18-10K-2 Repealed Acts, 2018 Reg. Sess., Ch. 118.  

§18-10K-3 Repealed Acts, 2018 Reg. Sess., Ch. 118.  

§18-10K-4 Repealed Acts, 2018 Reg. Sess., Ch. 118.  

§18-10K-5 Repealed Acts, 2018 Reg. Sess., Ch. 118.  

§18-10K-6 Repealed Acts, 2018 Reg. Sess., Ch. 118.  

CHAPTER 18, ARTICLE 10L. RON YOST PERSONAL ASSISTANCE SERVICES ACT.

§18-10L-1. Short title.

§18-10L-2. Policy; principles; projects.

§18-10L-3. Definitions.

§18-10L-4. Program requirements.

§18-10L-5. Funding.

§18-10L-6. Rules.

§18-10L-7. Report.

§18-10L-8. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 18, ARTICLE 10M. WEST VIRGINIA INDEPENDENT LIVING ACT.

§18-10M-1. Short title.

§18-10M-2. Legislative findings and declarations.

§18-10M-3. Purpose.

§18-10M-4. Definitions.

§18-10M-5. Eligibility for services.

§18-10M-6. Statewide Independent Living Council.

§18-10M-7. State plan for independent living.

§18-10M-8. Funding and grants.

CHAPTER 18, ARTICLE 10N. INFORMATION TECHNOLOGY ACCESS FOR THE BLIND AND VISUALLY IMPAIRED.

§18-10N-1. Findings; policy.

§18-10N-2. Definitions.

§18-10N-3. Purchasing to develop access standards; access clause to be included in contracts.

§18-10N-4. Procurements by the Purchasing Division.

CHAPTER 18, ARTICLE 10O. DISABILITY HISTORY WEEK.

§18-10O-1. Short title.

§18-10O-2. Legislative findings.

§18-10O-3. Purpose.

§18-10O-4. Definitions.

§18-10O-5. Disability History Week designated.

CHAPTER 18, ARTICLE 10P. STUDENTS’ RIGHT-TO-KNOW ACT.

§18-10P-1. Short title.

§18-10P-2. Purpose.

§18-10P-3. Career landscape information collection.

§18-10P-4. Information distribution.

§18-10P-5. Data sharing.

§18-10P-6. Effective date.

CHAPTER 18, ARTICLE 10Q. EMPLOYMENT FIRST POLICY.

§18-10Q-1. Legislative findings.

§18-10Q-2. Definitions.

§18-10Q-3. Creation of Employment First Taskforce; membership; meeting requirements.

§18-10Q-4. Powers and duties of the taskforce; state Employment First Policy; required plan; reporting requirements.

§18-10Q-5. Sunset date.

CHAPTER 18, ARTICLE 10R. INTERSTATE COMPACT FOR SCHOOL PSYCHOLOGISTS.

§18-10R-1. Interstate Compact for School psychologists; purpose.

§18-10R-2. Definitions.

§18-10R-3. State participation in the compact.

§18-10R-4. School psychologist participant in the compact .

§18-10R-5. Active military members or their spouses.

§18-10R-6. Discipline; adverse actions.

§18-10R-7. Establishment of the School Psychologist Interstate Licensure Compact Commission.

§18-10R-8. Facilitating information exchange.

§18-10R-9. Rulemaking.

§18-10R-10. Oversight, dispute resolution, and enforcement.

§18-10R-11. Effective date, withdrawal, and amendment.

§18-10R-12. Construction and severability.

§18-10R-13. Consistent effect and conflict with other state laws.

CHAPTER 18, ARTICLE 11. WEST VIRGINIA UNIVERSITY.

§18-11-1. Continuation; board of Governors [board of regents].

§18-11-1a. Control of property and business affairs transferred to board of Governors [board of regents].

§18-11-1b. Additional authority of board of Governors as to revenue bonds for dormitories, etc.

§18-11-2. President.

§18-11-3. Biennial reports of president.

§18-11-4. Colleges, schools, departments and divisions of university.

§18-11-4a. Authority to contract for medical, dental and nursing school facilities.

§18-11-4b. Repealed. Acts, 1984 Reg. Sess., Ch. 65.

§18-11-4c. Repealed. Acts, 1984 Reg. Sess., Ch. 65.

§18-11-4d. Disposition of tuition fees collected at medical center.

§18-11-5. Approval of rules and regulations.

§18-11-5a. Repealed. Acts, 1985 Reg. Sess., Ch. 58.

§18-11-5b. Payroll deductions for employee participation in group insurance plan.

§18-11-5c. Repealed. Acts, 1971 Reg. Sess., Ch. 150.

§18-11-5d. Contracting for group insurance and supplemental retirement benefits; exemption of certain insurers from premium and annuity taxes.

§18-11-6. Military training; federal aid.

§18-11-6a. State aid for students of veterinary medicine.

§18-11-7. Agricultural experiment station.

§18-11-8. Creation of cooperative extension service; construction of code references to agricultural extension division.

§18-11-8a. Advisory committee on farm and home safety.

§18-11-9. Mining experiment station.

§18-11-9a. Coal and energy research bureau.

§18-11-10. Extension and off-campus work of university; disposition of fees charged for graduate level extension and off-campus courses.

§18-11-10a. Establishment and operation of graduate centers.

§18-11-10b. Repealed. Acts, 1973 Reg. Sess., Ch. 125.

§18-11-11. Four-H camps.

§18-11-12. Repealed. Acts, 1983 Reg. Sess., Ch. 10.

§18-11-13. Repealed. Acts 1983, Reg. Sess.,c. 10.

§18-11-14. Repealed. Acts 1983, Reg. Sess., c. 10.

§18-11-15. Repealed. Acts 1983, Reg. Sess., c. 10.

§18-11-16. Repealed. Acts 1983, Reg. Sess., c. 10.

§18-11-17. Repealed. Acts 1983, Reg. Sess., c. 10.

§18-11-18. Repealed. Acts 1983, Reg. Sess., c. 10.

§18-11-19. Authority to construct and lease dormitories; financing thereof.

§18-11-20. Salaries of president, athletic director and football coaches.

§18-11-21. Deposit of official books, etc., with division of documents; certified copies as evidence.

§18-11-22. Four-year medical course.

§18-11-23. Contractual research revolving fund.

§18-11-24. Promotion and financing of scientific research; authority to contract for patents; special research fund.

§18-11-25. Financing of parking facilities or areas.

§18-11-26. Repealed. Acts, 1984 Reg. Sess., Ch. 65.

§18-11-27. Repealed. Acts, 1984 Reg. Sess., Ch. 65.

§18-11-28. Repealed. Acts, 1984 Reg. Sess., Ch. 65.

§18-11-29. Repealed. Acts, 1984 Reg. Sess., Ch. 65.

§18-11-30. Repealed. Acts, 1984 Reg. Sess., Ch. 65.

§18-11-31. Repealed. Acts, 1987 Reg. Sess., Ch. 65.

§18-11-32. Repealed. Acts, 1984 Reg. Sess., Ch. 65.

§18-11-33. Repealed. Acts, 1984 Reg. Sess., Ch. 65.

§18-11-34. Repealed. Acts, 1984 Reg. Sess., Ch. 65.

§18-11-35. Repealed. Acts, 1984 Reg. Sess., Ch. 65.

§18-11-36. Repealed. Acts, 1984 Reg. Sess., Ch. 65.

§18-11-37. Repealed. Acts, 1984 Reg. Sess., Ch. 65.

§18-11-38. Repealed. Acts, 1984 Reg. Sess., Ch. 65.

§18-11-39. Repealed. Acts, 1984 Reg. Sess., Ch. 65.

§18-11-40. Repealed. Acts, 1984 Reg. Sess., Ch. 65.

§18-11-41. Repealed. Acts, 1984 Reg. Sess., Ch. 65.

§18-11-42. Repealed. Acts, 1984 Reg. Sess., Ch. 65.

§18-11-43. Repealed. Acts, 1984 Reg. Sess., Ch. 65.

CHAPTER 18, ARTICLE 11A. REVENUE BONDS FOR UNIVERSITY CAPITAL IMPROVEMENTS.

§18-11A-1. Board of Governors [board of regents] authorized to issue revenue bonds for new buildings.

§18-11A-2. Creation of special university capital improvements fund; revenues payable into such fund; authority of board to pledge such revenues into sinking and reserve funds.

§18-11A-3. Issuance of revenue bonds.

§18-11A-4. Trust agreement for holders of bonds.

§18-11A-5. Sinking fund for payment of bonds.

§18-11A-6. Credit of state not pledged.

§18-11A-7. Bonds exempt from taxation.

§18-11A-8. Supplemental powers conferred; conflicting laws superseded.

CHAPTER 18, ARTICLE 11B. REVENUE BONDS FOR UNIVERSITY FACILITIES, BUILDINGS AND STRUCTURES.

§18-11B-1. Board of Governors [board of regents] of West Virginia University authorized to issue revenue bonds for certain capital improvements.

§18-11B-2. Special university capital improvements fund continued in State Treasury; collections to be paid into special fund; authority of board of Governors [board of regents] to pledge such collections as security for revenue bonds.

§18-11B-3. Board of Governors [board of regents] to fix fees.

§18-11B-4. Issuance of revenue bonds.

§18-11B-5. Issuance of revenue refunding bonds.

§18-11B-6. Bonds may be issued for combined purposes.

§18-11B-7. Bonds shall be negotiable instruments.

§18-11B-8. Trust agreements for holders of bonds.

§18-11B-9. Sinking fund for payment of bonds.

§18-11B-10. Credit of state not pledged.

§18-11B-11. Bonds exempt from taxation.

§18-11B-12. Conflicting laws repealed.

CHAPTER 18, ARTICLE 11C. WEST VIRGINIA UNIVERSITY HOSPITAL AND WEST VIRGINIA HEALTH SYSTEM.

§18-11C-1. Definitions.

§18-11C-2. Findings.

§18-11C-3. Board authorized to contract with corporation; description to be met by corporation.

§18-11C-3a. Description to be met by the West Virginia health system.

§18-11C-4. Agreement; required provisions.

§18-11C-5. Exemption from certain requirements; audit.

§18-11C-6. Conflicts of interest; statement; penalties.

§18-11C-7. No waiver of sovereign immunity.

§18-11C-8. Not obligation of the state.

§18-11C-8a. Agreements subject to other provisions of law.

§18-11C-9. Sections and provisions severable.

§18-11C-10. Liberal construction.

CHAPTER 18, ARTICLE 11D. REVENUE BONDS FOR WEST VIRGINIA UNIVERSITY ATHLETIC FACILITIES.

§18-11D-1. Definition of board; cost of constructing, reconstructing, remodeling, repairing, improving, extending, equipping or furnishing the football stadium, the athletic facilities building or related facilities of West Virginia University to be financed by revenue bonds or notes.

§18-11D-2. Trustee for bondholders or noteholders; contents of trust agreement.

§18-11D-3. Payment of principal of and premium, if any, and interest on bonds and notes from all or any portion of the moneys derived from admission fees to athletic contests at West Virginia University; approval of director of athletics.

§18-11D-4. Enforcement of payment and validity of bonds and notes.

§18-11D-5. Pledges; time; liens; recordation.

§18-11D-6. Refunding bonds.

§18-11D-7. Purchase and cancellation of bonds or notes.

§18-11D-8. Federal and private assistance.

§18-11D-9. Vested rights; impairment.

§18-11D-10. Bonds and notes not debt of state, county, municipality or any political subdivision; expenses incurred pursuant to article.

§18-11D-11. Negotiability of bonds and notes.

§18-11D-12. Bonds and notes legal investments.

§18-11D-13. Exemption from taxation.

§18-11D-14. Article regarded as supplementary.

§18-11D-15. Liberal construction.

CHAPTER 18, ARTICLE 11E. REVENUE BONDS FOR MARSHALL UNIVERSITY ATHLETIC FACILITIES.

§18-11E-1. Definition of board; cost of construction, reconstructing, remodeling, repairing, improving, extending, equipping or furnishing the football stadium or other athletic facilities of Marshall University to be financed by revenue bonds or notes.

§18-11E-2. Trustee for bondholders or noteholders; contents of trust agreement.

§18-11E-3. Payment of principal of and premium, if any, and interest on bonds and notes from all or any portion of the moneys derived from admission fees to athletic contests at Marshall University; approval of director of athletics.

§18-11E-4. Enforcement of payment and validity of bonds and notes.

§18-11E-5. Pledges; time; liens; recordation.

§18-11E-6. Refunding bonds.

§18-11E-7. Purchase and cancellation of bonds or notes.

§18-11E-8. Federal and private assistance.

§18-11E-9. Vested rights; impairment.

§18-11E-10. Bonds and notes not debt of state, county, municipality or any political subdivision; expenses incurred pursuant to article.

§18-11E-11. Negotiability of bonds and notes.

§18-11E-12. Bonds and notes legal investments.

§18-11E-13. Exemption from taxation.

§18-11E-14. Article regarded as supplementary.

§18-11E-15. Liberal construction.

CHAPTER 18, ARTICLE 12. STATE TEACHERS' COLLEGES.

§18-12-1. Change of names; management; continuation of functions; courses and degrees; rules and regulations; qualifications of president and teachers.

CHAPTER 18, ARTICLE 12A. REVENUE BONDS FOR MARSHALL UNIVERSITY CAPITAL IMPROVEMENTS.

§18-12A-1. Authority of board of regents to issue revenue bonds for certain capital improvements.

§18-12A-2. Creation of special university capital improvements fund; revenues payable into special fund; authority of board of regents to pledge revenues to sinking and reserve funds.

§18-12A-3. Issuance of revenue bonds.

§18-12A-4. Trust agreement for holders of bonds.

§18-12A-5. Sinking fund for payment of bonds.

§18-12A-6. Credit of state not pledged.

§18-12A-7. Bonds exempt from taxation.

§18-12A-8. Supplemental powers conferred; conflicting laws superseded.

CHAPTER 18, ARTICLE 12B. REVENUE BONDS FOR STATE INSTITUTIONS OF HIGHER EDUCATION -- CAPITAL IMPROVEMENTS ON SYSTEM BASIS.

§18-12B-1. Board of regents authorized to issue revenue bonds for certain capital improvements; payment of relocation costs.

§18-12B-2. State system tuition fee special capital improvements fund in State Treasury; collections to be paid into special fund; authority of board of regents to pledge such collections as security for revenue bonds; authority of board to finance projects on a cash basis.

§18-12B-3. Board of regents to fix and collect fees.

§18-12B-4. Issuance of revenue bonds; use of proceeds; bonds exempt from taxation.

§18-12B-5. Issuance of revenue refunding bonds; use of moneys; power to enter into escrow agreements; call for redemption.

§18-12B-6. Bonds may be issued for combined purposes.

§18-12B-7. Bonds shall be negotiable instruments.

§18-12B-8. Trust agreements for holders of bonds.

§18-12B-9. Sinking fund for payment of bonds.

§18-12B-10. Credit of state not pledged.

§18-12B-11. Attorney general or his duly appointed legal representative to serve as bond counsel.

§18-12B-12. Powers of board are supplemental; conflicting laws superseded.

CHAPTER 18, ARTICLE 13. WEST VIRGINIA EDGE.

§18-13-1. Earn a Degree - Graduate Early (EDGE) initiative established; purposes.

§18-13-2. Goals for West Virginia EDGE.

§18-13-3. Program administration and accountability.

§18-13-4. Joint rule required.

§18-13-5. No specific level of appropriation required.

CHAPTER 18, ARTICLE 14. BLUEFIELD STATE COLLEGE.

§18-14-1. Repealed. Acts, 2005 Reg. Sess., Ch. 89.

CHAPTER 18, ARTICLE 15. WEST VIRGINIA INSTITUTE OF TECHNOLOGY.

§18-15-1. Repealed. Acts, 1996 Reg. Sess., Ch. 119.

CHAPTER 18, ARTICLE 16. ANTIHAZING LAW.

§18-16-1. Short title.

§18-16-2. Definitions.

§18-16-3. Hazing prohibited.

§18-16-4. Enforcement by institutions.

CHAPTER 18, ARTICLE 17. WEST VIRGINIA SCHOOLS FOR THE DEAF AND THE BLIND.

§18-17-1. Continuation; management; minimum salary scale for all employees.

§18-17-2. Admission and record of applicants; special programs and services.

§18-17-3. Tuition, board and clothing of pupils; indigent clothing fund.

§18-17-4. Period of attendance; special admissions.

§18-17-5. Course of instruction.

§18-17-6. Registration of deaf and blind by assessors.

§18-17-7. Sale of lands; application of proceeds.

§18-17-8. Continuing contract status established; dismissal and suspension procedures.

§18-17-9. Employment of auxiliary and service personnel, dismissal and suspension procedures.

CHAPTER 18, ARTICLE 18. WEST VIRGINIA SCHOOL FOR THE COLORED DEAF AND BLIND.

§18-18-1. Repealed. Acts, 1955 Reg. Sess., Ch. 53.

CHAPTER 18, ARTICLE 19. EDUCATIONAL OPPORTUNITIES FOR CHILDREN OF DECEASED SOLDIERS, SAILORS, MARINES AND AIRMEN.

§18-19-1. Appropriation to provide educational opportunities.

§18-19-2. Eligibility of applicant for benefits; application forms; preference.

§18-19-3. No tuition fees to be charged; how funds to be expended; cessation of allowances.

§18-19-4. Reversion of balances in fund to treasury.

CHAPTER 18, ARTICLE 20. EDUCATION OF EXCEPTIONAL CHILDREN.

§18-20-1. Establishment of special programs and teaching services for students with exceptionalities.

§18-20-1a. Preschool programs for students with disabilities or developmental delays; rules and regulations.

§18-20-1b. Preschool programs for handicapped children; rules and regulations.

§18-20-1c. Integrated classrooms serving students with exceptional needs; and requirements as to the assistance, training and information to be provided to integrated classroom teachers.

§18-20-1d. Adoption of a state model for individualized education program.

§18-20-2. Providing suitable educational facilities, equipment and services.

§18-20-3. Local educational agency reports.

§18-20-4. Examination and report by medical or other specialists.

§18-20-5. Powers and duties of state superintendent.

§18-20-6. Advisory council for the education of exceptional children.

§18-20-7. Exceptional children program compliance monitoring and accountability review teams.

§18-20-8. Interagency plan for exceptional children; advisory council.

§18-20-9. Gifted education caseload review.

§18-20-10. Dyslexia and dyscalculia defined.

§18-20-11. Video cameras required in certain special education classrooms; audio recording devices required in restroom of a self-contained classroom.

§18-20-12. Special education student instructor ratio; waiver; compensation to teacher when ratio exceeded.

CHAPTER 18, ARTICLE 21. SPECIAL COMMUNITY-BASED PILOT DEMONSTRATION PROJECT TO IMPROVE OUTCOMES FOR AT-RISK YOUTH.

§18-21-1. Definition of "at-risk youth".

§18-21-2. Creation of a special Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth.

§18-21-3. Secretary of Department of Human Services responsibilities.

§18-21-4. Organization and goals of the community-based pilot demonstration program.

CHAPTER 18, ARTICLE 21A. CAREER AND TECHNICAL EDUCATION PILOT PROGRAM FOR MIDDLE SCHOOL STUDENT.

§18-21A-1. Definitions.

§18-21A-2. Career and technical education pilot program for middle school students established; funding.

§18-21A-3. Rulemaking; reporting.

CHAPTER 18, ARTICLE 22. HIGHER EDUCATION FULL-TIME FACULTY SALARIES.

§18-22-1. Repealed. Acts, 1989 Reg. Sess., Ch. 64.

CHAPTER 18, ARTICLE 22A. EMINENT SCHOLARS ENDOWMENT TRUST FUND ACT.

§18-22A-1. Repealed. Acts, 2002 Reg. Sess., Ch. 118.

CHAPTER 18, ARTICLE 22B. STATE SCHOLARSHIP PROGRAM.

§18-22B-1. Repealed. Acts, 1993 Reg. Sess., Ch. 47.

CHAPTER 18, ARTICLE 22C. STATE AID FOR STUDENTS ATTENDING GREENBRIER COLLEGE OF OSTEOPATHIC MEDICINE.

§18-22C-1. Legislative intent.

§18-22C-2. State aid for students of osteopathy.

CHAPTER 18, ARTICLE 22D. HIGHER EDUCATION STUDENT ASSISTANCE LOAN PROGRAM.

§18-22D-1. Legislative purpose.

§18-22D-2. Definitions.

§18-22D-3. Certification of eligibility; information as to other financial assistance; approval of maximum loan amount.

§18-22D-4. Limitations on investment in linked deposits.

§18-22D-5. Applications for loans; loan package.

§18-22D-6. Acceptance or rejection of loan package; deposit agreement.

§18-22D-7. Rate of loan; repayment.

§18-22D-8. Certification and monitoring of compliance; reports.

§18-22D-9. Liability.

CHAPTER 18, ARTICLE 22E. DISTINGUISHED PROFESSORS ENDOWMENT TRUST FUND ACT.

§18-22E-1. Repealed. Acts, 2002 Reg. Sess., Ch. 118.

CHAPTER 18, ARTICLE 23. ADDITIONAL POWERS, DUTIES AND RESPONSIBILITIES OF GOVERNING BOARDS OF STATE INSTITUTIONS OF HIGHER EDUCATION.

§18-23-1. Repealed. Acts, 2010 Reg. Sess., Ch. 56.

§18-23-2. Repealed. Acts, 2010 Reg. Sess., Ch. 56.

§18-23-3. Repealed. Acts, 2010 Reg. Sess., Ch. 56.

§18-23-4. Repealed. Acts, 2010 Reg. Sess., Ch. 56.

§18-23-4a. Repealed. Acts, 2011 Reg. Sess., Ch. 79.

§18-23-5. Repealed. Acts, 2010 Reg. Sess., Ch. 56.

§18-23-6. Bonds of officers and employees of state institutions of higher education.

§18-23-7. Disposition of state moneys in possession of officers of state institutions of higher education; manner of expending appropriations; certification of deficiency in appropriations.

§18-23-8. Visitation and inspection of state institutions of higher education.

§18-23-9. Books and accounts.

§18-23-10. Records of state institutions of higher education for statistical and other purposes; conference of chief officers.

§18-23-11. Special investigation of any state institution of higher education by Governor or committee appointed by him

§18-23-12. Governing boards to perform duties required by Governor.

§18-23-13. Repealed. Acts, 2010 Reg. Sess., Ch. 56.

§18-23-14. Repealed. Acts, 2010 Reg. Sess., Ch. 56.

§18-23-15. Repealed. Acts, 2010 Reg. Sess., Ch. 56.

§18-23-16. Cost of dormitories, housing facilities, food service facilities and motor vehicle parking facilities to be paid from proceeds of revenue bonds.

§18-23-17. Agreements with trustees for bondholders.

§18-23-18. Repealed. Acts, 2010 Reg. Sess., Ch. 56.

§18-23-19. Payment of principal and interest of construction bonds from revenues of dormitories, housing facilities, food service facilities or motor vehicle parking facilities; redemption of bonds.

§18-23-20. When dormitories, housing facilities, food service facilities or motor vehicle parking facilities become property of state.

§18-23-21. State debt not to be incurred for dormitories, housing facilities, food service facilities or motor vehicle parking facilities; federal and private assistance; provisions separable.

§18-23-22. Repealed. Acts, 2010 Reg. Sess., Ch. 56.

§18-23-23. Repealed. Acts, 2010 Reg. Sess., Ch. 56.

§18-23-24. Repealed. Acts, 2010 Reg. Sess., Ch. 56.

CHAPTER 18, ARTICLE 24. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS OF HIGHER EDUCATION.

§18-24-1. Repealed. Acts, 1989 Reg. Sess., Ch. 64.

CHAPTER 18, ARTICLE 25. TAX DEFERRED INVESTMENTS FOR TEACHERS AND OTHER EMPLOYEES.

§18-25-1. Authority to make tax deferred investments for teachers and other employees.

CHAPTER 18, ARTICLE 26. WEST VIRGINIA BOARD OF REGENTS.

§18-26-1. Repealed. Acts, 1989 Reg. Sess., Ch. 64.

CHAPTER 18, ARTICLE 26A. STATE AUTISM TRAINING CENTER.

§18-26A-1. Repealed. Acts, 2001 Reg. Sess., Ch. 110.

CHAPTER 18, ARTICLE 26B. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND CLASSIFICATION SYSTEM.

§18-26B-1. Repealed.Acts, 1989 Reg. Sess., Ch. 64.

§18-26B-2. Repealed.Acts, 1989 Reg. Sess., Ch. 64.

§18-26B-3. Repealed.Acts, 1989 Reg. Sess., Ch. 64.

§18-26B-4. Repealed.Acts, 1989 Reg. Sess., Ch. 64.

§18-26B-5. Repealed.Acts, 1989 Reg. Sess., Ch. 64.

§18-26B-6. Repealed.Acts, 1989 Reg. Sess., Ch. 64.

§18-26B-7. Repealed.Acts, 1989 Reg. Sess., Ch. 64.

§18-26B-8. Repealed.Acts, 1989 Reg. Sess., Ch. 64.

§18-26B-9. Repealed.Acts, 1989 Reg. Sess., Ch. 64.

CHAPTER 18, ARTICLE 26C. INSTITUTE FOR PUBLIC AFFAIRS.

§18-26C-1. Repealed. Acts, 1989 Reg. Sess., Ch. 64.

CHAPTER 18, ARTICLE 26D. INSTITUTE FOR INTERNATIONAL TRADE DEVELOPMENT.

§18-26D-1. Repealed. Acts, 1989 Reg. Sess., Ch. 64.

CHAPTER 18, ARTICLE 27. WEST VIRGINIA EDUCATION LOAN BOND PROGRAM.

§18-27-1. Repealed. Acts, 2012 Reg. Sess., Ch. 59.

§18-27-2. Repealed. Acts, 2012 Reg. Sess., Ch. 59.

§18-27-3. Repealed. Acts, 2012 Reg. Sess., Ch. 59.

§18-27-4. Repealed. Acts, 2012 Reg. Sess., Ch. 59.

§18-27-5. Repealed. Acts, 2012 Reg. Sess., Ch. 59.

§18-27-6. Repealed. Acts, 2012 Reg. Sess., Ch. 59.

§18-27-7. Repealed. Acts, 2012 Reg. Sess., Ch. 59.

§18-27-8. Repealed. Acts, 2012 Reg. Sess., Ch. 59.

§18-27-9. Repealed. Acts, 2012 Reg. Sess., Ch. 59.

§18-27-10. Repealed. Acts, 2012 Reg. Sess., Ch. 59.

§18-27-11. Repealed. Acts, 2012 Reg. Sess., Ch. 59.

§18-27-12. Repealed. Acts, 2012 Reg. Sess., Ch. 59.

§18-27-13. Repealed. Acts, 2012 Reg. Sess., Ch. 59.

§18-27-14. Repealed. Acts, 2012 Reg. Sess., Ch. 59.

§18-27-15. Repealed. Acts, 2012 Reg. Sess., Ch. 59.

§18-27-16. Repealed. Acts, 2012 Reg. Sess., Ch. 59.

§18-27-17. Repealed. Acts, 2012 Reg. Sess., Ch. 59.

§18-27-18. Repealed. Acts, 2012 Reg. Sess., Ch. 59.

§18-27-19. Repealed. Acts, 2012 Reg. Sess., Ch. 59.

§18-27-20. Repealed. Acts, 2012 Reg. Sess., Ch. 59.

§18-27-21. Repealed. Acts, 2012 Reg. Sess., Ch. 59.

§18-27-22. Repealed. Acts, 2012 Reg. Sess., Ch. 59.

CHAPTER 18, ARTICLE 28. PRIVATE, PAROCHIAL OR CHURCH SCHOOLS, OR SCHOOLS OF A RELIGIOUS ORDER.

§18-28-1. Policy.

§18-28-2. Attendance; health and safety regulations.

§18-28-3. Standardized testing requirements.

§18-28-4. Voluntary participation in state programs.

§18-28-5. New school notice requirements; termination.

§18-28-6. Requirements exclusive.

§18-28-7. Waiver of required assessment for certain students attending parochial school.

CHAPTER 18, ARTICLE 29. GRIEVANCE PROCEDURE.

§18-29-1. Repealed. Acts, 2007 Reg. Sess., Ch. 207.

CHAPTER 18, ARTICLE 30. WEST VIRGINIA COLLEGE PREPAID TUITION AND SAVINGS PROGRAM ACT.

§18-30-1. Title.

§18-30-2. Legislative findings and purpose.

§18-30-3. Definitions.

§18-30-3a. 2022 Legislative findings; statutory construction.

§18-30-4. The Board of Trustees of the West Virginia College and Jumpstart Savings Programs; members; terms; compensation; proceedings generally.

§18-30-5. Powers of the board to administer the College Savings Program.

§18-30-6. Use of financial organizations as program depositories and managers.

§18-30-6a. Special revenue account created for fulfillment of savings and investment programs.

§18-30-7. West Virginia Savings Plan Trust.

§18-30-8. The College and Jumpstart Savings Administrative Account.

§18-30-9. Income tax deduction for purchasers.

§18-30-10. Reports and account; annual audit.

§18-30-11. Financial aid eligibility.

§18-30-12. Confidentiality.

§18-30-13. Remaining obligations of the Prepaid Tuition Program and Escrow Fund.

§18-30-14. Repealed. Acts, 1997 Reg. Sess., Ch. 80.

§18-30-15. Repealed. Acts, 1997 Reg. Sess., Ch. 80.

§18-30-16. Repealed. Acts, 1997 Reg. Sess., Ch. 80.

§18-30-17. Repealed. Acts, 1997 Reg. Sess., Ch. 80.

CHAPTER 18, ARTICLE 30A. WEST VIRGINIA JUMPSTART SAVINGS ACT.

§18-30A-1. Short Title.

§18-30A-2. Findings.

§18-30A-3. Definitions.

§18-30A-4. West Virginia Jumpstart Savings Program established.

§18-30A-5. The Board of Trustees of the West Virginia College and Jumpstart Savings Programs.

§18-30A-6. Powers of the board to implement and administer the Jumpstart Savings Program.

§18-30A-7. Powers and duties of the Treasurer.

§18-30A-8. West Virginia Jumpstart Savings Program Trust and Trust Fund created; administrative account.

§18-30A-9. Use of financial organizations as program depositories and managers.

§18-30A-10. Opening a Jumpstart Savings Account; deposits.

§18-30A-11. Distributions.

§18-30A-12. State tax benefits related to a Jumpstart Savings Account.

§18-30A-13. Reports and account; annual audit.

§18-30A-14. Records; confidentiality.

§18-30A-15. Limitation on liability.

§18-30A-16. Legislative rules required.

CHAPTER 18, ARTICLE 31. HOPE SCHOLARSHIP PROGRAM.

§18-31-1. Short title.

§18-31-2. Definitions.

§18-31-2a. Educational privileges and programs available to Hope Scholarship students.

§18-31-3. West Virginia Hope Scholarship Board; members; terms; compensation; proceedings generally.

§18-31-4. Powers of the board.

§18-31-5. Award of Hope Scholarships.

§18-31-6. Funding of Hope Scholarships; program and expense funds.

§18-31-7. Qualifying expenses for Hope Scholarship accounts.

§18-31-8. Annual continuation of Hope Scholarship accounts; participation in public school system.

§18-31-9. Administration of Hope Scholarship accounts.

§18-31-10. Auditing of Hope Scholarship Program; suspension of accounts and providers.

§18-31-11. Requirements for and rights of education service providers.

§18-31-12. Responsibilities of resident school districts.

§18-31-13. Legal proceedings; severability.

§18-31-14. Reporting.

CHAPTER 18, ARTICLE 32. SEVERABILITY.

§18-32-1. Severability.

CHAPTER 18, ARTICLE 33. STUDENT RELIGIOUS LIBERTIES.

§18-33-1. West Virginia Student Religious Liberties Act.

§18-33-2. Student expression.

§18-33-3. Religious expression in class assignments.

§18-33-4. Freedom to organize and advertise religious groups and activities.

§18-33-5. Student expression of religious viewpoints; religious expression in class assignments; freedom to organize and advertise religious groups and activities; displaying religious messages or symbols.

§18-33-6. Certain acts restricted.

§18-33-7. Certain authority may not be limited.

§18-33-8. First school year affected.

CHAPTER 18, ARTICLE 34. LAKEN'S LAW.

§18-34-1. Laken's Law.

§18-34-2. Policy enacted.

§18-34-3. Effective date.

CHAPTER 18, ARTICLE 35. JAYCIE'S LAW.

§18-35-1. Legislative intent.

§18-35-2. Policy enacted.

§18-35-3. Effective date.

CHAPTER 18A. SCHOOL PERSONNEL.

CHAPTER 18A, ARTICLE 1. GENERAL PROVISIONS.

§18A-1-1. Definitions.

§18A-1-2. Repeal of inconsistent provisions.

§18A-1-3. Constitutionality and severability.

CHAPTER 18A, ARTICLE 2. SCHOOL PERSONNEL.

§18A-2-1. Employment in general.

§18A-2-1a. Employment of other personnel.

§18A-2-2. Employment of teachers; contracts; continuing contract status; how terminated; dismissal for lack of need; released time; failure of teacher to perform contract or violation thereof; written notice bonus for teachers and professional personnel.

§18A-2-2a. Leaves of absence for teachers and service personnel.

§18A-2-2b. Employment of prospective teachers and other professional personnel for next ensuing school year; and payment of financial incentive for recruitment.

§18A-2-3. Employment of substitute teachers; and employment of retired teachers as substitutes in areas of critical need and shortage.

§18A-2-4. Commercial driver’s license for school personnel; intrastate waiver for bus operators diagnosed with diabetes mellitus requiring insulin; reimbursement of electrician’s and commercial driver’s license when required, and educational sign language interpreter certification.

§18A-2-5. Employment of service personnel; limitation.

§18A-2-5a. Authorizing payment for notification of retirement.

§18A-2-6. Continuing contract status for service personnel; termination.

§18A-2-6a. Released time for service personnel.

§18A-2-7. Assignment, transfer, promotion, demotion, suspension and recommendation of dismissal of school personnel by superintendent; preliminary notice of transfer; hearing on the transfer; proof required.

§18A-2-7a. Statewide job bank.

§18A-2-7b. Limitations on voluntary transfer of school employees to posted vacant position after twentieth day prior to beginning of instructional term.

§18A-2-8. Suspension and dismissal of school personnel by board; appeal.

§18A-2-8a. Notice to probationary personnel of rehiring or nonrehiring; hearing.

§18A-2-9. Duties and responsibilities of school principals; assistant principals.

§18A-2-10. Physical examinations as condition of employment.

§18A-2-11. Employee's right to attorney's fees and costs.

§18A-2-12. Performance evaluations of school personnel; professional personnel evaluation process; restrictions on requirements on lesson plans and record keeping by classroom teachers.

§18A-2-12a. Statement of policy and practice for the county boards and school personnel to minimize possible disagreement and misunderstanding.

§18A-2-13. Recommended guidelines for full-day and half-day cooks.

§18A-2-14. Mileage reimbursement for school personnel.

§18A-2-15. County option recruitment and training programs for prospective school bus operators.

CHAPTER 18A, ARTICLE 2A. TEACHERS BILL OF RIGHTS.

§18A-2A-1. Supplemental duty calendar provisions.

CHAPTER 18A, ARTICLE 2D. UNEMPLOYMENT INSURANCE PROGRAM INTEGRITY ACT.

CHAPTER 18A, ARTICLE 3. TRAINING, CERTIFICATION, LICENSING, PROFESSIONAL DEVELOPMENT.

§18A-3-1. Teacher preparation programs; program approval and standards; authority to issue teaching certificates.

§18A-3-1a. Alternative programs for the education of teachers; purpose; definitions.

§18A-3-1b. Alternative program partnerships; formation; necessary partners; partnership agreements; single-provider programs.

§18A-3-1c. Alternative program instruction for classroom teachers; methods; training and evaluation phases; professional support team; tuition.

§18A-3-1d. Alternative program rules; necessary contents.

§18A-3-1e. State Board approval; prohibited acts.

§18A-3-1f. Alternative program participation; eligibility for alternative program certificate; contract renewals; hiring preference.

§18A-3-1g. Alternative program for highly qualified special education teachers.

§18A-3-1h. Additional alternative program to prepare highly qualified special education teachers.

§18A-3-1i. Recommendation for certification of alternative program teachers; report forms to be prepared by State Superintendent; appeal.

§18A-3-1j. Additional alternative preparation programs administered by the Department of Education.

§18A-3-2. Teacher certification; required; expiration;

§18A-3-2a. Certificates valid in the public schools that may be issued by the State Superintendent.

§18A-3-2b. Repealed. Acts, 2013 Reg. Sess., Ch. 56.

§18A-3-2c. Minimum qualities, proficiencies and skills required of principals; state board rule.

§18A-3-2d Repealed Acts, 2018 Reg. Sess., Ch. 105.  

§18A-3-3. Renewal of certificates; permanent certification.

§18A-3-3a. Payment of tuition, registration and other fees for teachers; maximum payment per teacher.

§18A-3-4. Validity of present certificates.

§18A-3-5. Validity of certificates held by members of Armed Forces.

§18A-3-6. Grounds for revocation or suspension of certificates; other authorized actions by state superintendent; required reporting by county superintendents; and recalling certificates for correction.

§18A-3-7. Certificate fees.

§18A-3-8. County professional staff development councils.

§18A-3-9. County service personnel staff development councils.

§18A-3-10. Criminal history check of applicants for licensure by the state Department of Education.

§18A-3-11. Fellowship for 21st Century Learners.

§18A-3-12. Technology integration specialists.

CHAPTER 18A, ARTICLE 3A. CENTER FOR PROFESSIONAL DEVELOPMENT.

§18A-3A-1 Repealed Acts, 2018 Reg. Sess., Ch. 105.  

§18A-3A-2 Repealed Acts, 2018 Reg. Sess., Ch. 105.  

§18A-3A-2a. Repealed. Acts, 2013 Reg. Sess., Ch. 18A.

§18A-3A-2b Repealed Acts, 2018 Reg. Sess., Ch. 105.  

§18A-3A-3 Repealed Acts, 2018 Reg. Sess., Ch. 105.  

§18A-3A-4. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§18A-3A-5 Repealed Acts, 2018 Reg. Sess., Ch. 105.  

§18A-3A-6. Repealed. Acts, 2013 Reg. Sess., Ch. 55.

CHAPTER 18A, ARTICLE 3B. EDUCATORS' PROFESSIONAL STANDARDS BOARD.

§18A-3B-1. Establishment of educators' professional standards board.

§18A-3B-2. Educators' professional standards board; composition; appointment; terms of members.

§18A-3B-3. Powers and duties.

CHAPTER 18A, ARTICLE 3C. IMPROVING TEACHING AND LEARNING.

§18A-3C-1. Findings; purposes and definition.

§18A-3C-2. Performance evaluations of professional personnel.

§18A-3C-3. Comprehensive system for teacher and leader induction and professional growth.

CHAPTER 18A, ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.

§18A-4-1. Definitions.

§18A-4-1a. Minimum salary for a registered professional nurse employed by the board, who has less than a bachelor's degree.

§18A-4-2. State minimum salaries for teachers.

§18A-4-2a. State minimum salary bonus for classroom teachers with national board certification.

§18A-4-2b. State minimum salary supplement and educational expense reimbursement for professional personnel with recognized national certification in speech-language pathology, audiology, counseling, school psychology or school nursing.

§18A-4-2c. Teacher mentoring increment for classroom teachers with national board certification who teach and mentor at persistently low performing schools.

§18A-4-3. State minimum annual salary increments for principals and assistant principals.

§18A-4-4. Minimum salary schedule for teachers having specialized training.

§18A-4-5. State salary supplement.

§18A-4-5a. County salary supplements for teachers.

§18A-4-5b. County salary supplements for school service personnel.

§18A-4-5c. Repealed. Acts, 2011 Reg. Sess., Ch. 154.

§18A-4-5d. Repealed. Acts, 2011 Reg. Sess., Ch. 154.

§18A-4-6. Change in classification.

§18A-4-7. Substitute teachers pay.

§18A-4-7a. Employment, promotion, and transfer of professional personnel; qualifications.

§18A-4-7b. Calculation of seniority for professional personnel.

§18A-4-7c. Summer employment of professional educators.

§18A-4-8. Employment term and class titles of service personnel; definitions.

§18A-4-8a. Service personnel minimum monthly salaries.

§18A-4-8b. Seniority rights for school service personnel.

§18A-4-8c. Seniority rights for personnel employed by multicounty vocational centers.

§18A-4-8d. Consolidation of services and seniority rights for administrative personnel.

§18A-4-8e. Competency testing for service personnel; and recertification testing for bus operators.

§18A-4-8f. Seniority rights, school consolidation.

§18A-4-8g. Determination of seniority for service personnel.

§18A-4-8h. Limitation on number of school service personnel positions to be held by an employee.

§18A-4-8i. Seniority rights for professional educators and school service personnel in cases of intercounty transfer arrangements.

§18A-4-9. Payment of teachers and other employees; withholdings.

§18A-4-10. Personal leave for illness and other causes; leave banks; substitutes.

§18A-4-10a. Bonus for unused days of personal leave.

§18A-4-10b. Repealed. Acts, 2014 Reg. Sess., Ch. 47.

§18A-4-10c. Personal leave banks for care givers.

§18A-4-10d. Use of personal leave days by surviving spouse in certain circumstances.

§18A-4-10f. Leave donation program.

§18A-4-11. Group insurance.

§18A-4-12. Tax deferred investments for teachers and other employees.

§18A-4-13. Compliance with this article.

§18A-4-14. Duty-free lunch and daily planning period for certain employees.

§18A-4-14a. Repealed. Acts, 2014 Reg. Sess., Ch. 47.

§18A-4-15. Employment of service personnel substitutes.

§18A-4-15a. Employment of retired bus operators as substitutes in areas of critical need and shortage.

§18A-4-16. Extracurricular assignments.

§18A-4-17. Health and other facility employee salaries.

§18A-4-18. Department of education certified staff salaries.

§18A-4-19. Alteration of contract.

§18A-4-20. Moving expenses allowed for teachers laid off in counties due to lack of need.

§18A-4-21. Posting of position opening following death of incumbent.

§18A-4-22. Prohibition on aiding and abetting sexual abuse.

CHAPTER 18A, ARTICLE 5. AUTHORITY; RIGHTS; RESPONSIBILITY.

§18A-5-1. Authority of teachers and other school personnel; exclusion of students having infectious diseases; suspension or expulsion of disorderly students; corporal punishment abolished.

§18A-5-1a. Possessing deadly weapons on premises of educational facilities; possessing a controlled substance on premises of educational facilities; assaults and batteries committed by students upon teachers or other school personnel; temporary suspension, hearing; procedure, notice and formal hearing; extended suspension; sale of narcotic; expulsion; exception; alternative education.

§18A-5-1b. Alternative procedures for expulsion hearings by county boards.

§18A-5-1c. Bill of Rights and Responsibilities for Students and School Personnel.

§18A-5-1d. Return to school through Juvenile Drug Court for certain students.

§18A-5-2. Holidays; closing of schools; time lost because of such; special Saturday classes.

§18A-5-3. Exemption from jury service.

§18A-5-3a. Answering witness subpoenas.

§18A-5-4. Educational meetings.

§18A-5-4a. Educational or service meetings.

§18A-5-5. Records; reports by professional and other personnel.

§18A-5-6. School census.

§18A-5-7. Oath required of teachers.

§18A-5-8. Authority of certain aides to exercise control over students; compensation; transfers.

CHAPTER 18A, ARTICLE 6. COUNTY RETIREMENT FUND.

§18A-6-1. Retirement fund for school employees.

CHAPTER 18A, ARTICLE 7. SEVERABILITY.

§18A-7-1. Severability.

CHAPTER 18B. HIGHER EDUCATION.

CHAPTER 18B, ARTICLE 1. GOVERNANCE.

§18B-1-1. Repealed. Acts, 2008 Reg. Sess., Ch. 72.

§18B-1-1a. Legislative intent; findings; establishment of state goals for higher education and education; creation of partnership to achieve state goals and objectives.

§18B-1-1b. Repealed. Acts, 2008 Reg. Sess., Ch. 72.

§18B-1-1c. Repealed. Acts, 2008 Reg. Sess., Ch. 72.

§18B-1-1d. Retirement and separation incentives.

§18B-1-1e. Public education and higher education collaboration for the preparation of students for college and other post-secondary education.

§18B-1-1f. State college and university exemption status.

§18B-1-2. Definitions.

§18B-1-3. Transfer of powers, duties, property, obligations, etc.

§18B-1-4. Prior transfer of powers, etc., to board of regents; board of regents abolished.

§18B-1-5. Repealed. Acts, 2000 Reg. Sess., Ch. 100.

§18B-1-5a Repealed Acts, 2017 Reg. Sess., Ch.. 122.

§18B-1-6. Rulemaking.

§18B-1-7. Repealed. Acts, 2008 Reg. Sess., Ch. 87.

§18B-1-8. Student rights when institutional affiliations or governance structures change.

§18B-1-8a. Repealed. Acts, 2000 Reg. Sess., Ch. 100.

§18B-1-8b. Marshall university graduate college.

§18B-1-9. Repealed. Acts, 2005 Reg. Sess., Ch. 86.

§18B-1-10 Repealed Acts, 2017 Reg. Sess., Ch. .122.

§18B-1-11. Colleges and universities to provide appropriate services to meet needs of students with handicapping conditions.

CHAPTER 18B, ARTICLE 1A. COMPACT WITH HIGHER EDUCATION FOR THE FUTURE OF WEST VIRGINIA.

§18B-1A-1. Repealed. Acts, 2008 Reg. Sess., Ch. 72.

§18B-1A-2. Repealed. Acts, 2008 Reg. Sess., Ch. 72.

§18B-1A-3 Repealed Acts, 2017 Reg. Sess., Ch. 122.

§18B-1A-4. Legislative financing goals.

§18B-1A-5. Financing; institutional operating budgets, additional funding.

§18B-1A-6. Graduate education.

§18B-1A-7. Repealed. Acts, 2008 Reg. Sess., Ch. 87.

§18B-1A-8. Repealed. Acts, 2004 Reg. Sess., Ch. 92.

CHAPTER 18B, ARTICLE 1B. HIGHER EDUCATION POLICY COMMISSION.

§18B-1B-1. Higher education policy commission established; development of public policy agenda.

§18B-1B-2. Composition of commission; terms and qualifications of members; vacancies; eligibility for reappointment; oath of office; removal from office.

§18B-1B-3. Meetings and compensation.

§18B-1B-4. Powers and duties of Higher Education Policy Commission.

§18B-1B-5. Employment of Chancellor for Higher Education; office; powers and duties generally; employment of Vice Chancellors and other staff.

§18B-1B-6. Appointment of institutional presidents; evaluation.

§18B-1B-7. Student mental health policies; suicide prevention.

§18B-1B-8. Repealed. Acts, 2008 Reg. Sess., Ch. 72.

§18B-1B-9. Repealed. Acts, 2008 Reg. Sess., Ch. 72.

§18B-1B-10 Repealed Acts, 2017 Reg. Sess., Ch. .122.

§18B-1B-11. Repealed. Acts, 2008 Reg. Sess., Ch. 87.

§18B-1B-12. Research challenge.

§18B-1B-13 Repealed Acts, 2017 Reg. Sess., Ch. 122.

CHAPTER 18B, ARTICLE 1C. WEST VIRGINIA UNIVERSITY INSTITUTE OF TECHNOLOGY.

§18B-1C-1. Legislative findings and intent.

§18B-1C-2. West Virginia University Institute of Technology; division of West Virginia University.

§18B-1C-3. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

CHAPTER 18B, ARTICLE 1D. HIGHER EDUCATION ACCOUNTABILITY.

§18B-1D-1. Master plan repealed; accountability system continued.

§18B-1D-2. Repealed Acts, 2019 Reg. Sess., Ch. 136.

§18B-1D-3. Repealed Acts, 2019 Reg. Sess., Ch. 136.

§18B-1D-4. Repealed Acts, 2019 Reg. Sess., Ch. 136.

§18B-1D-5. Repealed Acts, 2019 Reg. Sess., Ch. 136.

§18B-1D-6. State compacts; legislative intent; rule required; implementation plans authorized.

§18B-1D-7. Findings; establishment of institutional compacts; compact elements; submission date; review and approval process; rule required.

§18B-1D-8. Publication of institution and system data.

§18B-1D-8a. Modification to reporting requirements to the Legislative Oversight Commission on Education Accountability.

§18B-1D-9. Commission, council, and institutional governing board training and development; training and development requirements, applicability and exceptions.

§18B-1D-10. State data sharing compact; legislative intent; findings; definitions.

§18B-1D-11. State Advisory Council on Postsecondary Attainment Goals.

CHAPTER 18B, ARTICLE 1E. WEST VIRGINIA UNIVERSITY INSTITUTE OF TECHNOLOGY REVITALIZATION PROJECT.

§18B-1E-1 Repealed. Acts, 2016 Reg. Sess., Ch. 123

§18B-1E-2 Repealed. Acts, 2016 Reg. Sess., Ch. 123

§18B-1E-3 Repealed. Acts, 2016 Reg. Sess., Ch. 123

§18B-1E-4 Repealed. Acts, 2016 Reg. Sess., Ch. 123

CHAPTER 18B, ARTICLE 1F. MANAGEMENT AGREEMENTS FOR THE HIGHER EDUCATION POLICY COMMISSION.

§18B-1F-1. Legislative findings and purpose.

§18B-1F-2. Definitions.

§18B-1F-3. Commission authorized to contract with corporation; corporation to meet essential criteria; corporation membership and organization; financial requirements.

§18B-1F-4. Powers and duties of board of directors and corporation.

§18B-1F-5. Appointment of executive director; qualifications.

§18B-1F-6. Agreements; required provisions.

§18B-1F-7. Audits required; financial reports; conflicts of interest.

§18B-1F-8. No waiver of sovereign immunity; not obligation of the state.

§18B-1F-9. Legislative findings and intent; memorandum of agreement required; terms and conditions; reports.

§18B-1F-10. Department of commerce to study and report relating to research and technology parks.

CHAPTER 18B, ARTICLE 2. UNIVERSITY OF WEST VIRGINIA BOARD OF TRUSTEES.

§18B-2-1. Repealed. Acts, 2005 Reg. Sess., Ch. 86.

§18B-2-2. Repealed. Acts, 2005 Reg. Sess., Ch. 86.

§18B-2-3. Repealed. Acts, 2005 Reg. Sess., Ch. 86.

§18B-2-4. Repealed. Acts, 1997 Reg. Sess., Ch. 85.

§18B-2-5 Repealed Acts, 2017 Reg. Sess., Ch. . 122.

§18B-2-6. Health sciences education; legislative findings and intent.

§18B-2-7 Repealed Acts, 2017 Reg. Sess., Ch. . 122.

§18B-2-8. Consortium of comprehensive child development centers; establishment and operation of a consortium of comprehensive child development centers.

§18B-2-9. Repealed. Acts, 2006 Reg. Sess., Ch. 84.

CHAPTER 18B, ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.

§18B-2A-1. Findings; composition of boards; terms and qualifications of members; vacancies; eligibility for reappointment.

§18B-2A-2. Meetings.

§18B-2A-3. Oversight of governing boards; promulgation of rules; data collection and dissemination.

§18B-2A-4. Powers and duties of governing boards generally.

§18B-2A-5. Public school service program.

§18B-2A-6. University status for public baccalaureate institutions of higher education.

§18B-2A-7. Transfer of orders, resolutions, policies and rules, obligations, etc.; division of assets and liabilities; financial audits.

§18B-2A-7a. Transfer of orders, resolutions, policies and rules, obligations, etc.

§18B-2A-8. Additional powers and duties of governing boards.

CHAPTER 18B, ARTICLE 2B. WEST VIRGINIA COUNCIL FOR COMMUNITY AND TECHNICAL COLLEGE EDUCATION.

§18B-2B-1. Legislative findings; intent; purpose.

§18B-2B-2. Definitions.

§18B-2B-3. West Virginia Council for Community and Technical College Education; supervision of chancellor; chief executive officer.

§18B-2B-4. Appointment, composition and terms of council.

§18B-2B-5. Meetings and compensation.

§18B-2B-6. Powers and duties of the council.

§18B-2B-6A. Repealed. Acts, 2008 Reg. Sess., Ch. 87.

§18B-2B-7. Powers and duties of the chief executive officer.

§18B-2B-8. State advisory committee of community and technical college presidents.

§18B-2B-9. Permits required for correspondence, business, occupational and trade schools; surety bonds amount and method of bonding; fees; issuance, renewal and revocation of permit; reports; rules; penalty and enforcement.

CHAPTER 18B, ARTICLE 2C. WEST VIRGINIA COMMUNITY AND TECHNICAL COLLEGE.

§18B-2C-1. Legislative findings; intent.

§18B-2C-2. Definitions.

§18B-2C-3. Authority and duty of council to determine progress of community and technical colleges; conditions; authority to create West Virginia Community and Technical College.

§18B-2C-4. Authority of council in creating West Virginia community and technical college.

§18B-2C-5. Transfer of powers, duties, property, obligations, etc., of prior governing boards to the governing board of West Virginia community and technical college.

§18B-2C-6. Powers and duties of governing board for the West Virginia community and technical college.

§18B-2C-7. Powers and duties of vice chancellor as president of the West Virginia community and technical college.

CHAPTER 18B, ARTICLE 3. ADDITIONAL POWERS AND DUTIES OF RESEARCH DOCTORAL-GRANTING PUBLIC UNIVERSITIES.

§18B-3-1. Legislative findings, purpose; intent; definition.

§18B-3-2. Computer and computer equipment donation program.

§18B-3-3. Relationship of governing boards to the commission and the council.

§18B-3-3a. Repealed. Acts, 2000 Reg. Sess., Ch. 100.

§18B-3-4. Duty of governing boards to address state priorities.

§18B-3-5. Repealed. Acts, 2005 Reg. Sess., Ch. 86.

§18B-3-6. Repealed. Acts, 2000 Reg. Sess., Ch. 100.

§18B-3-7. Repealed. Acts, 2005 Reg. Sess., Ch. 86.

CHAPTER 18B, ARTICLE 3A. WEST VIRGINIA JOINT COMMISSION FOR VOCATIONAL-TECHNICAL-OCCUPATIONAL EDUCATION.

§18B-3A-1. Repealed. Acts, 2001 Reg. Sess., Ch. 110.

CHAPTER 18B, ARTICLE 3B. COLLABORATIVE DEGREE COMPLETION PROGRAM.

§18B-3B-1. Legislative findings and intent.

§18B-3B-2. Collaborative degree completion program established; program applicability and objectives.

§18B-3B-3. Powers and duties of agencies participating in collaborative degree completion program.

CHAPTER 18B, ARTICLE 3C. COMMUNITY AND TECHNICAL COLLEGE SYSTEM.

§18B-3C-1. Legislative findings.

§18B-3C-2. Legislative intent.

§18B-3C-3. Essential conditions for community and technical college programs and services.

§18B-3C-4. Community and technical college/career and technical education consortia planning districts.

§18B-3C-5. Appointment of community and technical college presidents.

§18B-3C-6. Community and technical college programs.

§18B-3C-7. Blue Ridge Community and Technical College.

§18B-3C-7a. Bridgemont Community and Technical College; Kanawha Valley Community and Technical College; Mountwest Community and Technical College.

§18B-3C-8. Legislative findings and intent; statewide network of independently accredited community and technical colleges; operations and administration.

§18B-3C-9. Increasing flexibility for community and technical colleges.

§18B-3C-10. Freestanding community and technical colleges; tuition and fees.

§18B-3C-11. Shared facilities and resources; memoranda of agreements; and joint administrative boards.

§18B-3C-12. Relationship between independent community and technical colleges and former sponsoring institutions.

§18B-3C-13. Legislative intent; Pierpont Community and Technical College established as independent state institution of higher education; governing board; institutional organization, structure, accreditation status.

§18B-3C-14. Findings; intent; advanced technology centers established; administration; boards of advisors.

§18B-3C-15. Transition oversight.

§18B-3C-16. Encouragement of collaborative agreements between community and technical colleges and federally registered apprenticeship programs.

CHAPTER 18B, ARTICLE 3D. WORKFORCE DEVELOPMENT INITIATIVE.

§18B-3D-1. Legislative findings and intent.

§18B-3D-2. Workforce Development Initiative Program continued; purpose; program administration; rule required.

§18B-3D-3. Mission of the Workforce Development Initiative Program.

§18B-3D-4. Grant application procedures.

§18B-3D-5. Legislative and emergency rules.

§18B-3D-6. Learn and Earn Cooperative Education Program established.

§18B-3D-7. STAND - Registered apprenticeship to associate in applied science degree program established; definitions; funding; annual reporting.

CHAPTER 18B, ARTICLE 3E. EASTERN WEST VIRGINIA COMMUNITY AND TECHNICAL COLLEGE.

§18B-3E-1. Legislative findings and intent.

§18B-3E-2. Establishment and operation of Eastern West Virginia Community and Technical College; authority and duty to purchase property, expend appropriations and conduct programs.

CHAPTER 18B, ARTICLE 3F. REORGANIZATION OF COMMUNITY AND TECHNICAL COLLEGES.

§18B-3F-1. Legislative findings.

§18B-3F-2. Definitions.

§18B-3F-3. Appointment of institutional board of governors.

§18B-3F-4. Powers and duties of board of governors.

§18B-3F-5. Appointment of institutional president; other officers.

§18B-3F-6. Budget; transfer of financial assets, property, liability, orders, policies, procedures, etc.

§18B-3F-7. Administrative planning committee; purpose; membership; duties; termination.

§18B-3F-8. Strategic reorganization plan.

§18B-3F-9. Rights and benefits of employees of affected institutions; positions to be abolished; notice of employment status by certain date required.

§18B-3F-10. Transfer of students.

CHAPTER 18B, ARTICLE 4. GENERAL ADMINISTRATION.

§18B-4-1. Employment of chancellors; designation of staff; offices.

§18B-4-2. Employment of vice chancellor for administration; office; powers and duties generally.

§18B-4-2a. Development of benefit programs; assistance to organizations.

§18B-4-3. Authority to participate in reciprocal regional and interstate higher educational agreements.

§18B-4-4. State agency for participation in federal and private grants to higher education; related powers and duties.

§18B-4-5. Campus police officers; appointment; qualifications; authority; compensation and removal; law enforcement grants.

§18B-4-5a. Crimes committed on campus of institutions of higher education.

§18B-4-5b. Concealed carry on higher education campuses; exceptions.

§18B-4-6. Regulation of parking, speed flow of traffic on campus roads and driveways; civil and criminal penalties; disposition of revenue.

§18B-4-7. Accreditation of institutions of higher education; standards for degrees.

§18B-4-7a. Choice of accreditors.

§18B-4-8. West Virginia Anatomical Board; powers and duties relating to anatomical gifts; requisition of bodies; autopsies; transportation of bodies; expenses of preservation.

§18B-4-9. Development of services and facilities for student veterans.

§18B-4-10. Course completion for students called to military duty; rule required.

CHAPTER 18B, ARTICLE 5. HIGHER EDUCATION BUDGETS AND EXPENDITURES.

§18B-5-1. Repealed. Acts, 2000 Reg. Sess., Ch. 100.

§18B-5-2. Repealed. Acts, 2000 Reg. Sess., Ch. 100.

§18B-5-2a Repealed Acts, 2017 Reg. Sess., Ch. 122.

§18B-5-2b. Repealed. Acts, 2000 Reg. Sess., Ch. 100.

§18B-5-2c. Repealed. Acts, 2000 Reg. Sess., Ch. 100.

§18B-5-2d. Repealed. Acts, 2005 Reg. Sess., Ch. 86.

§18B-5-3. Authority to contract for programs, services and facilities.

§18B-5-4. Purchase or acquisition of materials, supplies, equipment, services, and printing.

§18B-5-4a. Construction projects.

§18B-5-5. Prequalification disclosure by vendors; register of vendors; exceptions; suspension of vendors.

§18B-5-6. Other code provisions relating to purchasing and design-build procurement not controlling; exceptions; criminal provisions and penalties; financial interest of governing boards, etc.; receiving anything of value from interested party and penalties therefor; application of bribery statute.

§18B-5-7. Disposition of obsolete and unusable equipment, surplus supplies and other unneeded materials.

§18B-5-8 Repealed. Acts, 2016 Reg. Sess., Ch. 88

§18B-5-9. Higher education fiscal responsibility.

§18B-5-10. Medical professional liability insurance and risk management functions.

§18B-5-11. Energy and Water Savings Revolving Loan Program Fund.

CHAPTER 18B, ARTICLE 6. ADVISORY COUNCILS.

§18B-6-1. Repealed. Acts, 2008 Reg. Sess., Ch. 87.

§18B-6-1a. Definitions.

§18B-6-2. State advisory council of faculty.

§18B-6-2a. Repealed. Acts, 2004 Reg. Sess., Ch. 92.

§18B-6-3. Institutional faculty Senate.

§18B-6-3a. Repealed. Acts, 2004 Reg. Sess., Ch. 92.

§18B-6-4. State advisory council of students.

§18B-6-4a. Repealed. Acts, 2004 Reg. Sess., Ch. 92.

§18B-6-4b. Repealed. Acts, 2004 Reg. Sess., Ch. 92.

§18B-6-5. State advisory councils of classified employees.

§18B-6-6. Institutional classified employee council.

CHAPTER 18B, ARTICLE 7. PERSONNEL GENERALLY.

§18B-7-1. Legislative intent and purpose.

§18B-7-2. Definitions.

§18B-7-3. Reducing workforce.

§18B-7-4. Supplemental health and welfare benefit plans.

§18B-7-5. Supplemental and additional retirement plans for employees; payroll deductions; authority to match employee contributions; retroactive curative and technical corrective action.

§18B-7-6. Continuing education and professional development.

§18B-7-7. Employment practices.

§18B-7-8. Repealed Acts, 2019 Reg. Sess., Ch. 136.

§18B-7-9 Repealed Acts, 2017 Reg. Sess., Ch. 123.

§18B-7-10. Compensatory time off in lieu of overtime; written agreement; other conditions.

§18B-7-11 Repealed Acts, 2017 Reg. Sess., Ch. 123.

§18B-7-12 Repealed Acts, 2017 Reg. Sess., Ch. 123.

§18B-7-13. Probationary employment period; evaluation.

§18B-7-14. Higher education employees' catastrophic leave bank and leave transfer.

§18B-7-15. Merit increases.

§18B-7-16. Study of employment practices.

CHAPTER 18B, ARTICLE 8. HIGHER EDUCATION FULL-TIME FACULTY SALARIES.

§18B-8-1. Definitions.

§18B-8-2. Faculty salary rules; salary increase upon promotion in rank.

§18B-8-3. Authority to grant sabbatical leave.

§18B-8-3a. Repealed. Acts, 2011 Reg. Sess., Ch. 79.

§18B-8-4. Effect of leave of absence on academic tenure, rank, etc.

§18B-8-5. Notice to probationary faculty members of retention or nonretention; hearing.

§18B-8-6. Faculty employment practices; campus administrators required to teach or perform research.

§18B-8-7. Authority of Governing Boards relating to faculty.

CHAPTER 18B, ARTICLE 9. CLASSIFIED EMPLOYEE SALARY SCHEDULE AND CLASSIFICATION SYSTEM.

§18B-9-1 Repealed Acts, 2017 Reg. Sess., Ch. 123.

§18B-9-2 Repealed Acts, 2017 Reg. Sess., Ch. 123.

§18B-9-2a. Repealed. Acts, 2011 Reg. Sess., Ch. 79.

§18B-9-3 Repealed Acts, 2017 Reg. Sess., Ch. 123.

§18B-9-4 Repealed Acts, 2017 Reg. Sess., Ch. 123.

§18B-9-5. Repealed. Acts, 2011 Reg. Sess., Ch. 79.

§18B-9-6. Repealed. Acts, 2001 Reg. Sess., Ch. 110.

§18B-9-7. Repealed. Acts, 2011 Reg. Sess., Ch. 79.

§18B-9-8. Repealed. Acts, 2011 Reg. Sess., Ch. 79.

§18B-9-9. Repealed. Acts, 2011 Reg. Sess., Ch. 79.

§18B-9-10. Repealed. Acts, 2011 Reg. Sess., Ch. 79.

§18B-9-11. Repealed. Acts, 2001 Reg. Sess., Ch. 110.

§18B-9-12. Repealed. Acts, 2011 Reg. Sess., Ch. 79.

CHAPTER 18B, ARTICLE 9A. CLASSIFICATION AND COMPENSATION SYSTEM.

§18B-9A-1. Legislative intent and purpose.

§18B-9A-2. Definitions.

§18B-9A-3 Repealed Acts, 2017 Reg. Sess., Ch. 123.

§18B-9A-4. Job classification system; job classification committee established; membership; meetings; powers and duties.

§18B-9A-5. Compensation planning and review committee established; membership; meetings; powers and duties.

§18B-9A-5a. Restriction on duties of job classification committee and compensation planning and review committee.

§18B-9A-6. Salary structure and salary schedules.

§18B-9A-7. Classification and compensation rules required.

§18B-9A-8 Repealed Acts, 2017 Reg. Sess., Ch. 123.

CHAPTER 18B, ARTICLE 9B. ORGANIZATION PERSONNEL RULES.

§18B-9B-1. Flexibility to adopt personnel rules; emergency rule authorized.

CHAPTER 18B, ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS OF HIGHER EDUCATION.

§18B-10-1. Enrollment, tuition and other fees at education institutions; refund of fees.

§18B-10-1a. Resident tuition rates for members or veterans of the National Guard, reserves, armed forces, and their spouses and dependents.

§18B-10-1b. Special equity fee; purpose; exemptions.

§18B-10-1c. Definitions.

§18B-10-1d. Resident tuition rates for economic development participants.

§18B-10-2. Higher education resource assessment.

§18B-10-3. Repealed. Acts, 2004 Reg. Sess., Ch. 13.

§18B-10-4. Medical education.

§18B-10-4a. Repealed. Acts, 2004 Reg. Sess., Ch. 13.

§18B-10-4b. Additional fee waivers for health sciences and technology academy programs.

§18B-10-5. Fee waivers -- Undergraduate schools.

§18B-10-6. Fee waivers -- Professional and graduate schools.

§18B-10-6a. Undergraduate, graduate and professional fee waivers - Marshall University and West Virginia University.

§18B-10-7. Tuition and fee waivers for children and spouses of officers, firefighters, National Guard personnel, reserve personnel and active military duty personnel killed in the line of duty.

§18B-10-7a. Tuition and fee waivers or adjustments for residents at least sixty-five years old.

§18B-10-7b. Tuition waivers for high school graduates in foster care.

§18B-10-7c. Tuition and fee waivers for certain veterans receiving federal educational assistance benefits.

§18B-10-7d. Tuition waivers for national service volunteers serving in West Virginia.

§18B-10-8. Collection; disposition and use of capital and auxiliary capital fees; creation of special capital and auxiliary capital improvements funds; revenue bonds.

§18B-10-9. Authority to excuse students in certain educational programs from payment of enrollment fees.

§18B-10-10. The Medal of Honor and Andrew J. Trail Purple Heart Recipient Tuition Waiver.

§18B-10-11. Fees and money derived from athletic contests.

§18B-10-12. Student activities.

§18B-10-13. Fees from operation of dormitories, faculty homes, dining halls and cafeterias.

§18B-10-14. Bookstores.

§18B-10-15. Authority of educational institutions to provide special services and programs; collection and disposition of fees therefor.

§18B-10-16. Disposition of funds in State Treasury.

CHAPTER 18B, ARTICLE 11. MISCELLANEOUS INSTITUTES AND CENTERS.

§18B-11-1. Center for regional progress created; director powers; mission and purpose.

§18B-11-2. Institute for public affairs; creation and purposes.

§18B-11-3. Institute for international trade development; creation and purpose.

§18B-11-4 Repealed Acts, 2018 Reg. Sess., Ch. 105.  

§18B-11-5. Repealed. Acts, 2008 Reg. Sess., Ch. 72.

§18B-11-6 Repealed Acts, 2018 Reg. Sess., Ch. 105.  

§18B-11-7. Regional Brownfield Assistance Centers.

CHAPTER 18B, ARTICLE 11A. STATE AUTISM TRAINING CENTER.

§18B-11A-1. Purpose.

§18B-11A-2. Definitions.

§18B-11A-3. Powers and duties of board of Governors and state autism center.

§18B-11A-4. Responsibilities of center.

§18B-11A-5. Rules and regulations.

§18B-11A-6. Advisory board.

§18B-11A-7. Trainee team; expense.

CHAPTER 18B, ARTICLE 11B. WEST VIRGINIA POISON CENTER.

§18B-11B-1. Intent.

§18B-11B-2. West Virginia Poison Center continued; certification.

§18B-11B-3. Advisory Board.

§18B-11B-4. Center responsibilities.

§18B-11B-5. Powers and responsibilities of the director.

§18B-11B-6. Immunity of center and staff.

CHAPTER 18B, ARTICLE 12. RESEARCH AND DEVELOPMENT AGREEMENTS FOR STATE INSTITUTIONS OF HIGHER EDUCATION.

§18B-12-1. Definitions.

§18B-12-2. Legislative findings and purpose.

§18B-12-3. Boards authorized to contract with corporations; characteristics of corporations.

§18B-12-4. Agreement; required provisions.

§18B-12-5. Audit.

§18B-12-6. Conflicts of interest.

§18B-12-7. No waiver of sovereign immunity.

§18B-12-8. Not obligation of the state.

§18B-12-9. Sections and provisions severable.

§18B-12-10. Assignment or transfer of property to certain corporations.

§18B-12-11. Agreements with corporations solely for economic development.

CHAPTER 18B, ARTICLE 12A. CENTERS FOR ECONOMIC DEVELOPMENT AND TECHNOLOGY ADVANCEMENT.

§18B-12A-1. Legislative findings and purpose.

§18B-12A-2. Definitions.

§18B-12A-3. Establishment of centers for economic development and technology advancement; doctoral institutions authorized to enter into agreements.

§18B-12A-4. Powers and duties of governing bodies and centers.

§18B-12A-5. Appointment of president; qualifications.

§18B-12A-6. Agreements; required provisions.

§18B-12A-7. Audit.

§18B-12A-8. Conflicts of interest.

§18B-12A-9. No waiver of sovereign immunity.

§18B-12A-10. Not obligation of the state.

CHAPTER 18B, ARTICLE 13. HIGHER EDUCATION -- INDUSTRY PARTNERSHIPS.

§18B-13-1. Legislative findings; intent; definition.

§18B-13-2. Higher education-industry collaboration and technical assistance.

§18B-13-3. Powers and duties.

§18B-13-4. High-Tech research zones, parks and technology centers; tax incentives.

§18B-13-5. Use of state property and equipment; faculty.

§18B-13-6. Repealed. Acts, 1993 Reg. Sess., Ch. 47.

§18B-13-7. Repealed. Acts, 1993 Reg. Sess., Ch. 47.

§18B-13-8. Repealed. Acts, 1993 Reg. Sess., Ch. 47.

§18B-13-9. Repealed. Acts, 1993 Reg. Sess., Ch. 47.

§18B-13-10. Repealed. Acts, 1993 Reg. Sess., Ch. 47.

§18B-13-11. Repealed. Acts, 1993 Reg. Sess., Ch. 47.

§18B-13-12. Repealed. Acts, 1993 Reg. Sess., Ch. 47.

CHAPTER 18B, ARTICLE 14. MISCELLANEOUS.

§18B-14-1. Select committee on outcomes-based funding models in higher education.

§18B-14-2. Transfer of credit for courses completed.

§18B-14-3. College credit authorized for learning English as second language.

§18B-14-4. Dual enrollment pilot program established; definitions; funding; annual reporting.

§18B-14-5. Repealed. Acts, 2010 Reg. Sess., Ch. 56.

§18B-14-5a. Repealed. Acts, 2010 Reg. Sess., Ch. 56.

§18B-14-6. Repealed. Acts, 2010 Reg. Sess., Ch. 56.

§18B-14-7. Repealed. Acts, 2010 Reg. Sess., Ch. 56.

§18B-14-8. Repealed. Acts, 2008 Reg. Sess., Ch. 87.

§18B-14-9. Legislative findings; establishment of study committee; membership; recommendations on higher education facilities.

§18B-14-10. Credit card solicitation on college campuses; regulation of credit card marketing.

§18B-14-11. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

CHAPTER 18B, ARTICLE 15. SEVERABILITY.

§18B-15-1. Severability.

CHAPTER 18B, ARTICLE 16. HEALTH CARE EDUCATION.

§18B-16-1. Short title.

§18B-16-2. Legislative findings and declarations.

§18B-16-3. Definitions.

§18B-16-4. Establishment of rural health initiative; goals of rural health initiative.

§18B-16-5. Powers and duties of the vice chancellor.

§18B-16-6. Nursing Education and Workforce Development Programs.

§18B-16-6b. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§18B-16-7. Establishment and operation of primary health care education sites.

§18B-16-8. Allocation of appropriations.

§18B-16-9. Accountability; reports and audit required.

CHAPTER 18B, ARTICLE 17. LEGISLATIVE RULES.

§18B-17-1. Legislative authorization; effective date of rules; technical deficiencies waived.

§18B-17-2. Authorizing rules of Higher Education Policy Commission.

§18B-17-3. Authorizing rules of the Council for Community and Technical College Education.

§18B-17-4. Higher education policy commission.

§18B-17-5. Authorizing West Virginia providing real opportunities for maximizing in-state student excellence scholarship program (PROMISE).

§18B-17-6. Authorizing rules of Higher Education Policy Commission.

CHAPTER 18B, ARTICLE 18. EMINENT SCHOLARS ENDOWMENT TRUST FUND ACT.

§18B-18-1. Legislative findings.

§18B-18-2. Definition.

§18B-18-3. Establishment of funds.

§18B-18-4. Powers and duties of governing boards.

§18B-18-5. Administration of fund.

§18B-18-6. Duties of Higher Education Policy Commission.

§18B-18-7. Process for preparation of executive budget.

§18B-18-8. Selection of eminent scholars.

§18B-18-9. Authorization to solicit private moneys; terms of grants; reports; handling of moneys.

§18B-18-10. Other funds.

CHAPTER 18B, ARTICLE 18A. DIRECTED RESEARCH ENDOWMENTS.

§18B-18A-1. Legislative findings; purpose; and intent.

§18B-18A-2. Definitions.

§18B-18A-3. West Virginia Research Trust Fund; use of investment earnings.

§18B-18A-4. Directed research endowments.

§18B-18A-5. Qualified private donations.

§18B-18A-6. Eligible uses of directed research endowment proceeds.

§18B-18A-7. Directed research endowment plans.

§18B-18A-8. Distributions from West Virginia Research Trust Fund.

§18B-18A-9. Reallocation of matching moneys.

§18B-18A-10. Distributions to state colleges.

§18B-18A-11. Higher Education Policy Commission rule.

§18B-18A-12. Annual report.

CHAPTER 18B, ARTICLE 18B. SCIENCE AND RESEARCH COUNCIL.

§18B-18B-1. Science and Research Council established; purposes.

§18B-18B-2. Strategic plan; reports.

CHAPTER 18B, ARTICLE 19. CAPITAL PROJECTS AND FACILITIES NEEDS.

§18B-19-1. Legislative findings and intent.

§18B-19-2. Definitions.

§18B-19-3. System capital development planning.

§18B-19-4. Campus development plans.

§18B-19-5. Capital appropriation requests.

§18B-19-6. Capital project financing.

§18B-19-7. Capital project management.

§18B-19-8. Maintenance.

§18B-19-9. Higher education facilities information system.

§18B-19-10. Authorization to sell and transfer property; use of proceeds.

§18B-19-11. Authorization to lease-purchase.

§18B-19-12. Authorization to lease.

§18B-19-13. Real property contracts and agreements.

§18B-19-14. Authorization for sale lease-back.

§18B-19-15. Construction and operation of auxiliary facilities; fees for auxiliary enterprises.

§18B-19-16. Condemnation generally.

§18B-19-17. Legislative rule.

§18B-19-18. Reporting.

§18B-19-19. Applicability to certain institutions.

CHAPTER 18B, ARTICLE 20. FREE EXPRESSION ON CAMPUS.

§18B-20-1. Definitions.

§18B-20-2. Protected expressive activities.

§18B-20-3. Public forums; establishment of “free speech zones” prohibited.

§18B-20-4. Time, place, and manner restrictions.

§18B-20-5. Freedom of association and nondiscrimination against students and student organizations.

§18B-20-6. Development of policies and procedures.

§18B-20-7. Accountability to the public.

§18B-20-8. Remedies.

§18B-20-9. Statute of limitations.

CHAPTER 18B, ARTICLE 21. STUDENT JOURNALIST PRESS FREEDOM PROTECTION ACT.

§18B-21-1. Short title.

§18B-21-2. Legislative findings.

§18B-21-3. Definitions.

§18B-21-4. Student journalists’ freedom of expression.

CHAPTER 18B, ARTICLE 22. NAME, IMAGE, OR LIKENESS IN INTERCOLLEGIATE ATHLETICS.

§18B-22-1. Definitions.

§18B-22-2. Authority of institutions relating to name, image, and likeness.

§18B-22-3. Limitations on the authority of athletics associations, athletic conferences, or other organizations over intercollegiate athletics.

§18B-22-4. Limitations on the ability to earn compensation for the use of name, image, and likeness.

§18B-22-5. Causes of action.

CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.

CHAPTER 18C, ARTICLE 1. FINANCIAL ASSISTANCE GENERALLY.

§18C-1-1. Legislative findings; purpose; administration generally; reporting.

§18C-1-2. Definitions.

§18C-1-3. Additional legislative findings; purpose of financial aid programs.

§18C-1-4. Eligibility of commuting students and children of military personnel for state funded student financial aid, grants and scholarships.

§18C-1-5. Higher Education Student Financial Aid Advisory Board.

CHAPTER 18C, ARTICLE 2. GUARANTEED STUDENT LOAN PROGRAM.

§18C-2-1. Purpose of provisions of article relating to guaranteed student loan program; loan program to be administered by senior administrator of governing boards.

§18C-2-2. "Act," "undertaking" and "obligations" defined.

§18C-2-3. Authority to buy and sell certain student obligations; undertakings not to constitute state debt; undertakings limited to available funds.

§18C-2-4. Powers and duties of senior administrator regarding loan program.

§18C-2-5. Title to property.

§18C-2-6. Acquisition of contingent interests in obligations from lending institutions; collection of delinquent obligations.

§18C-2-7. Terms of acquisitions.

§18C-2-8. Trust fund established; limitations on use of fund; duties of treasurer in connection therewith; special account created.

§18C-2-9. Construction of provisions of article relating to loan program.

CHAPTER 18C, ARTICLE 3. HEALTH PROFESSIONALS STUDENT LOAN PROGRAMS.

§18C-3-1. Medical Student Loan Program; establishment; administration; eligibility; loan repayment and collection; required report.

§18C-3-2. State aid for students of optometry.

§18C-3-3. Health Sciences Service Program; establishment; administration; eligibility.

§18C-3-4. Nursing Scholarship Program; Nursing Scholarship and Workforce Fund; administration, scholarship awards; service requirements.

§18C-3-5. Nonresident Medical Student Tuition Regularization Program.

CHAPTER 18C, ARTICLE 4. UNDERWOOD-SMITH TEACHING SCHOLARS PROGRAM.

§18C-4-1. Underwood-Smith Teaching Scholars Program Fund created; purposes; funding; effective date.

§18C-4-2. Selection criteria and procedures for awarding scholarships.

§18C-4-3. Scholarship agreement.

§18C-4-4. Renewal conditions; noncompliance; deferral; excusal.

§18C-4-5. Amount and duration of scholarship; relation to other assistance.

CHAPTER 18C, ARTICLE 4A. TEACHER EDUCATION LOAN REPAYMENT PROGRAM.

§18C-4A-1. Selection criteria and procedures for loan assistance; effective date.

§18C-4A-2. Teacher Education Loan Repayment agreement.

§18C-4A-3. Amount and duration of loan repayment awards; limits.

CHAPTER 18C, ARTICLE 5. HIGHER EDUCATION GRANT PROGRAM.

§18C-5-1. Grant program established; legislative purpose and intent; rule required.

§18C-5-2. Definitions.

§18C-5-3. Grant program administered by Vice Chancellor for Administration; Higher Education Grant Fund created.

§18C-5-4. Powers and duties of Vice Chancellor for Administration.

§18C-5-5. Eligibility for a grant.

§18C-5-6. Recipients, awards and distribution of grant awards; authority of vice chancellor to enter into reciprocal agreements with other states concerning grants.

§18C-5-7. Higher education adult part-time student grant program.

§18C-5-8. Repealed. Acts, 2006 Reg. Sess., Ch. 79.

CHAPTER 18C, ARTICLE 6. WEST VIRGINIA ENGINEERING, SCIENCE AND TECHNOLOGY SCHOLARSHIP PROGRAM.

§18C-6-1. Scholarship fund created; purposes; funding; limit on number of new scholarships per year.

§18C-6-2. Definitions.

§18C-6-3. Selection criteria and procedures.

§18C-6-4. Scholarship agreement.

§18C-6-5. Renewal conditions; noncompliance; deferral; excusal.

§18C-6-6. Amount and duration of scholarship; relation to other assistance.

CHAPTER 18C, ARTICLE 7. WEST VIRGINIA PROVIDING REAL OPPORTUNITIES FOR MAXIMIZING IN-STATE STUDENT EXCELLENCE SCHOLARSHIP PROGRAM.

§18C-7-1. Title.

§18C-7-2. Legislative findings and purpose.

§18C-7-3. Definitions.

§18C-7-4. Dissolution of the PROMISE Scholarship Board; transfer of funds.

§18C-7-5. Powers and duties of the West Virginia Higher Education Policy Commission regarding the PROMISE Scholarship.

§18C-7-6. PROMISE Scholarship Program requirements; legislative rule.

§18C-7-7. West Virginia PROMISE Scholarship Fund continued.

§18C-7-8. Repealed. Acts, 2009 Reg. Sess., Ch. 84.

§18C-7-9. Repealed. Acts, 2006 Reg. Sess., Ch. 79.

CHAPTER 18C, ARTICLE 8. WEST VIRGINIA FINANCIAL AID COORDINATING COUNCIL.

§18C-8-1. Repealed. Acts, 2006 Reg. Sess., Ch. 79.

§18C-8-2. Repealed. Acts, 2006 Reg. Sess., Ch. 79.

§18C-8-3. Repealed. Acts, 2006 Reg. Sess., Ch. 79.

CHAPTER 18C, ARTICLE 9. WEST VIRGINIA INVESTS GRANT PROGRAM.

§18C-9-1. Short title.

§18C-9-2. Legislative findings and purpose.

§18C-9-3. Definitions.

§18C-9-4. WV Invests Grant Program.

§18C-9-5. Eligibility requirements; agreements.

§18C-9-6. WV Invests Fund; established.

CHAPTER 19. AGRICULTURE.

CHAPTER 19, ARTICLE 1. DEPARTMENT OF AGRICULTURE.

§19-1-1. Department of agriculture.

§19-1-2. Commissioner of Agriculture.

§19-1-3. Employees; itemized statement of expenditures; monthly statement and payment of moneys received by commissioner.

§19-1-3a. Marketing and economic development duties.

§19-1-3b. Background checks as condition of employment.

§19-1-4. Duties of commissioner.

§19-1-4a. Commissioner authorized to accept gifts, etc., and enter into cooperative agreements.

§19-1-4b. Authority of commissioner to increase certain fees by rules or regulations.

§19-1-4c. Agriculture fees fund.

§19-1-4d. Farmland preservation fees fund.

§19-1-4e. Department of Agriculture Capital Improvements Fund.

§19-1-5. Cooperative statistical work.

§19-1-6. Duty of assessor to gather statistics.

§19-1-7. Sale of raw milk.

§19-1-8. Penalty for failure of assessor to perform duties.

§19-1-9. Agriculture advisory board.

§19-1-10. Requirement for social security number on applications.

§19-1-11. Rural Rehabilitation Loan Program.

§19-1-12. Veterans and Heroes to Agriculture Program and fund.

§19-1-13. Annual reporting to the Legislature.

CHAPTER 19, ARTICLE 1A. DIVISION OF FORESTRY.

§19-1A-1. Legislative findings.

§19-1A-2. Legislative purposes.

§19-1A-3. Division of Forestry; Division Director; duties, powers, dedication of certain moneys; creation of a special revenue account.

§19-1A-3a. Providing criminal penalties for the illegal possession of uncertified ginseng.

§19-1A-3b. Timber theft; investigations; criminal and civil penalties.

§19-1A-4. Additional duties of the Director of the Division of Forestry generally.

§19-1A-5. Director of Division of Forestry; appointment; qualifications.

§19-1A-6. Repealed. Acts, 1994 Reg. Sess., Ch. 119.

CHAPTER 19, ARTICLE 1B. SEDIMENT CONTROL DURING COMMERCIAL TIMBER HARVESTING OPERATIONS.

§19-1B-1. Short title.

§19-1B-2. Legislative findings, intent and purpose of article.

§19-1B-3. Definitions.

§19-1B-4. Timbering license required; requirement for license; exemption; annual fee; rules.

§19-1B-5. Compliance orders; suspension of timbering operation license.

§19-1B-6. Notification of duration of timbering operations or harvesting of timber for sale; requirements thereof.

§19-1B-7. Certification of persons supervising timbering operations; timbering operations to be supervised; promulgation of rules.

§19-1B-8. Timbering operations enforcement fund.

§19-1B-9. Right of entry.

§19-1B-10. Orders of the director.

§19-1B-11. Creation of conference panels; authority.

§19-1b-12. Repealed. Acts, 2014 Reg. Sess., Ch. 70.

§19-1B-12a. Criminal and civil penalties.

§19-1B-13. Cooperation of other state agencies.

§19-1B-14. Effect on other laws.

CHAPTER 19, ARTICLE 1C. CARE OF LIVESTOCK.

§19-1C-1. Legislative findings.

§19-1C-2. Definitions.

§19-1C-3. Livestock Care Standards Board.

§19-1C-4. Powers and duties of the board.

§19-1C-5. Compensation of board members.

§19-1C-6. Meetings of the board.

§19-1C-7. Enforcement of livestock care standards.

CHAPTER 19, ARTICLE 2. MARKETING AGRICULTURAL PRODUCTS.

§19-2-1. Definitions.

§19-2-2. Duties and powers of commissioner.

§19-2-3. Commissioner to cooperate with federal Department of Agriculture.

§19-2-4. Quarantines.

§19-2-5. Inspection and grading of agricultural products; charges.

§19-2-6. Inspection and quarantine powers of commissioner.

§19-2-7. Prohibited sales.

§19-2-8. Market bulletins.

§19-2-9. Inspectors, graders and assistants.

§19-2-10. Commissioner to enforce article.

§19-2-11. Penalties.

§19-2-12. Agriculture Development Fund; administration; purpose; funding.

§19-2-13. Hard cider development program; purpose; funding.

CHAPTER 19, ARTICLE 2A. PUBLIC MARKETS.

§19-2A-1. Public market defined.

§19-2A-2. Public markets subject to state regulation.

§19-2A-3. Operation of public markets.

§19-2A-4. Permits to operate; application and hearing.

§19-2A-5. Permits for existing markets.

§19-2A-6. Fee for permits.

§19-2A-7. Revocation or suspension of permits.

§19-2A-8. Applicant for permit to furnish surety bond for benefit of consignors; form of surety bond.

§19-2A-9. Appeal from order of commissioner.

§19-2A-10. Licensing of weighmen and auctioneers; application and fee; sale of livestock by weight.

§19-2A-11. Approval of grading, classifying or standardizing by licensed person; application for license; fee.

§19-2A-12. Duration of licenses; renewals; refusal, revocation or suspension.

§19-2A-13. Unlawful for licensed weighman, grader or auctioneer to buy or trade at market in which employed; false weights.

§19-2A-14. Testing and inspection of livestock for infectious diseases; fees; records.

§19-2A-15. Annual meetings to establish uniform standards, grades and market practices.

§19-2A-16. Record of transactions; inspection by commissioner or agents.

§19-2A-16a. Separate account required; prompt payment required; penalties.

§19-2A-17. Authority of commissioner to enforce article; conflicts with federal authority.

§19-2A-18. Fees paid into special fund in State Treasury.

§19-2A-19. Penalties for violation of article or rules and regulations.

CHAPTER 19, ARTICLE 2B. INSPECTION OF MEAT AND POULTRY.

§19-2B-1. Purpose and construction.

§19-2B-1a. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§19-2B-2. Definitions.

§19-2B-3. Commissioner to enforce article; rules; cooperation with federal agencies, etc.

§19-2B-4. License required for commercial slaughterer, custom slaughterer, commercial processor, custom processor or distributor; application for license; fees; refusal, revocation or suspension; suspension of inspection; establishment number or numbers.

§19-2B-5. Access to establishments, records, etc.

§19-2B-6. Inspection, marking, labeling, branding, etc.; quarantine; segregation; scheduling of operations; disposition of carcasses, etc.; reinspection; health examination; rejection tags.

§19-2B-7. Exclusion of slaughterhouses and processing plants under the supervision of or approved by the United States Department of Agriculture.

§19-2B-8. Exemptions.

§19-2B-9. Hearings; judicial review.

§19-2B-10. Additional prohibitions.

§19-2B-11. Criminal penalties; civil penalties.

§19-2B-12. Severability.

CHAPTER 19, ARTICLE 2C. AUCTIONEERS.

§19-2C-1. Definitions.

§19-2C-2. License required; exceptions.

§19-2C-3. Procedure for license; Department of Agriculture as statutory agent for licensees.

§19-2C-3a. Rulemaking.

§19-2C-3b. Special revenue fund.

§19-2C-4. Bond required.

§19-2C-5. Requirements for auctioneer license; duties of licensee.

§19-2C-5a. Examinations of applicants.

§19-2C-5b. Background checks required.

§19-2C-6. Requirements for apprentice auctioneer license.

§19-2C-6a. Investigation of complaints; board of review.

§19-2C-6b. Duties and responsibilities of an apprentice auctioneer and a sponsoring auctioneer.

§19-2C-6c. Procedure for obtaining reciprocal or nonresident auctioneer"s and apprentice auctioneer"s license.

§19-2C-7. Orders of commissioner; hearing; review.

§19-2C-8. Penalties.

§19-2C-8a. Revocation.

§19-2C-9. Written contracts.

§19-2C-9a. Escrow accounts.

§19-2C-10. Advertising.

§19-2C-11. Repealed. Acts, 1991 Reg. Sess., Ch. 123.

CHAPTER 19, ARTICLE 2D. IMITATION HONEY PRODUCT LAW.

§19-2D-1. Definitions.

§19-2D-2. Labeling.

§19-2D-3. Penalties.

CHAPTER 19, ARTICLE 2E. HUMANE SLAUGHTER OF LIVESTOCK.

§19-2E-1. Title.

§19-2E-2. Declaration of purpose.

§19-2E-3. Definitions.

§19-2E-4. Commissioner to enforce article; rules and regulations; effective date.

§19-2E-5. Methods of humane slaughter.

§19-2E-6. Penalties.

§19-2E-7. Severability.

CHAPTER 19, ARTICLE 2F. BEEF INDUSTRY SELF-IMPROVEMENT ASSESSMENT PROGRAM.

§19-2F-1. Purpose.

§19-2F-2. Definitions.

§19-2F-3. Petition for referendum; public hearing; notice.

§19-2F-4. Conduct of referendum.

§19-2F-5. Subsequent referendums.

§19-2F-6. Beef Industry Council; appointment; terms; qualification of members; removal of members; officers; meetings; expenses.

§19-2F-7. Powers and duties of the Council; rule-making authority.

§19-2F-8. Notice, levy and collection of assessment.

§19-2F-9. Refunds.

§19-2F-10. Penalties.

§19-2F-11. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 19, ARTICLE 2G. TREE FRUIT INDUSTRY SELF-IMPROVEMENT BOARD.

§19-2G-1. Repealed. Acts, 2009 Reg. Sess., Ch. 36.

§19-2G-2. Repealed. Acts, 2009 Reg. Sess., Ch. 36.

§19-2G-3. Repealed. Acts, 2009 Reg. Sess., Ch. 36.

§19-2G-4. Repealed. Acts, 1993 Reg. Sess., Ch. 163.

§19-2G-5. Repealed. Acts, 1993 Reg. Sess., Ch. 163.

§19-2G-6. Repealed. Acts, 2009 Reg. Sess., Ch. 36.

§19-2G-7. Repealed. Acts, 2009 Reg. Sess., Ch. 36.

§19-2G-8. Repealed. Acts, 1993 Reg. Sess., Ch. 163.

§19-2G-9. Repealed. Acts, 2009 Reg. Sess., Ch. 36.

§19-2G-10. Repealed. Acts, 2009 Reg. Sess., Ch. 36.

CHAPTER 19, ARTICLE 2H. CAPTIVE CERVID FARMING ACT.

§19-2H-1. Short title; legislative findings.

§19-2H-2. Definitions.

§19-2H-3. Authority of the department; duties and obligations of the commissioner.

§19-2H-4. Application for license.

§19-2H-5. Action on applications.

§19-2H-6. License certificate; renewal; sale or transfer of license.

§19-2H-7. License modification.

§19-2H-8. Inspection of facility by the department.

§19-2H-9. Transition to captive cervid farming licenses; statutory conflicts.

§19-2H-10. Administrative penalties; hearing.

§19-2H-11. Prohibited conduct; criminal penalties.

§19-2H-12. Rulemaking.

CHAPTER 19, ARTICLE 3. SALE OF FARM PRODUCTS BY COMMISSION MERCHANTS.

§19-3-1. License required; application and fee.

§19-3-2. Applicant to furnish surety bond.

§19-3-3. Grounds for refusal or revocation of license.

§19-3-4. Suit on bond; limitation on recovery.

§19-3-5. Penalty; moneys collected to be deposited in "general marketing fund."

CHAPTER 19, ARTICLE 4. COOPERATIVE ASSOCIATIONS.

§19-4-1. Definitions.

§19-4-2. Who may organize.

§19-4-3. Purposes.

§19-4-4. Powers.

§19-4-5. Members.

§19-4-6. Articles of incorporation.

§19-4-7. Amendments to articles of incorporation.

§19-4-8. Bylaws.

§19-4-9. General and special meetings.

§19-4-10. Directors.

§19-4-11. Officers.

§19-4-12. Officers, employees and agents to be bonded.

§19-4-13. Stock; membership certificate; voting; liability; limitations on transfer and ownership.

§19-4-14. Removal of officer or director.

§19-4-15. Referendum.

§19-4-16. Marketing contract.

§19-4-17. Remedies for breach of contract.

§19-4-18. Purchasing property of other associations, persons, firms or corporations.

§19-4-19. Annual reports.

§19-4-20. Conflicting laws not to apply; exemptions.

§19-4-21. Use of term "cooperative."

§19-4-22. Interest in other corporations or associations; warehouse receipts as collateral.

§19-4-23. Contracts and agreements with other associations.

§19-4-24. Rights and remedies apply to similar associations of other states.

§19-4-25. Associations heretofore organized may adopt provisions of article.

§19-4-26. Repealed. Acts, 2013 Reg. Sess., Ch. 1.

§19-4-27. Liability as to delivery of products in violation of marketing agreements.

§19-4-28. Associations to be deemed not in restraint of trade.

§19-4-29. Application of business corporation laws; nonprofit corporation laws.

§19-4-30. Repealed. Acts, 2013 Reg. Sess., Ch. 1.

CHAPTER 19, ARTICLE 5. GRADING AND PACKING OF FRUITS AND VEGETABLES.

§19-5-1. Standard grades for closed packages of fruits and vegetables.

§19-5-2. Markings on packages.

§19-5-3. Enforcement of article.

§19-5-4. When fruits or vegetables presumed offered or exposed for sale.

§19-5-5. Offenses; penalty.

§19-5-6. Exemption from prosecution.

§19-5-7. Certificates of inspectors as prima facie evidence.

§19-5-8. Provisions of article separable.

CHAPTER 19, ARTICLE 5A. CONTROLLED ATMOSPHERE STORAGE OF FRESH FRUITS AND VEGETABLES.

§19-5A-1. Purpose and construction.

§19-5A-2. Definitions.

§19-5A-3. Commissioner to enforce article; rules and regulations; cooperation with other authorities.

§19-5A-4. License required for operation of warehouse; application; fees; term of license; inspections; refusal, suspension or revocation of license.

§19-5A-5. Access to warehouses, records, etc.

§19-5A-6. CA warehouse numbers; issuance and use.

§19-5A-7. Oxygen content, time and temperature requirements for classification of fruits or vegetables as controlled atmosphere stored.

§19-5A-8. Air component determinations; records; forms; contents.

§19-5A-9. Minimum condition and maturity standards.

§19-5A-10. Subpoena power; production of books, records, etc.; enjoining violation; admissibility of inspection certificates.

§19-5A-11. Unlawful acts; penalties.

§19-5A-12. Article cumulative and nonexclusive; severability.

CHAPTER 19, ARTICLE 6. DEMONSTRATION PACKINGHOUSES AND SIMILAR PLANTS.

§19-6-1. Demonstration fruit packing house.

§19-6-2. Demonstration poultry and egg packing plant.

§19-6-3. Demonstration garden products plant.

§19-6-4. Buildings and equipment.

CHAPTER 19, ARTICLE 7. STATE AID FOR FAIRS.

§19-7-1. Amount of state aid for fairs and festivals.

§19-7-2. State aid where more than one fair, festival or event in county.

§19-7-3. Repealed. Acts, 2001 Reg. Sess., Ch. 129.

§19-7-4. When fairs, festivals and events are entitled to state aid.

§19-7-5. Repealed. Acts, 2001 Reg. Sess., Ch. 129.

§19-7-6. Repealed. Acts, 2001 Reg. Sess., Ch. 129.

§19-7-7. Repealed. Acts, 2001 Reg. Sess., Ch. 129.

§19-7-8. Gambling devices and immoral shows prohibited; forfeiture of right to state aid; horse racing exempted.

§19-7-9. State fair of West Virginia; ex officio members of board of directors; appropriations; authority to propose rules.

§19-7-10. Appropriations specifically made available for designated exhibitions.

§19-7-11. Determination of eligibility; legislative rules.

CHAPTER 19, ARTICLE 8. COOPERATIVE EXTENSION WORKERS.

§19-8-1. County extension service committee; composition; organization; duties and responsibilities; employment and compensation of extension workers.

§19-8-2. Expenditure of appropriations; compliance with "Smith-Lever Act."

§19-8-3. Duties of county extension workers; extension service to cooperate with county court and Board of Education.

§19-8-4. Repealed. Acts, 1953 Reg. Sess., Ch. 8.

CHAPTER 19, ARTICLE 9. DISEASES AMONG DOMESTIC ANIMALS.

§19-9-1. Definitions.

§19-9-2. Duties and powers of commissioner.

§19-9-3. Consulting veterinarians to assist commissioner.

§19-9-4. Inspectors of animals.

§19-9-5. Persons authorized to enter premises; powers thereof; refusal to enforce orders of commissioner.

§19-9-6. Report of communicable diseases by veterinarians and owners; failure to report.

§19-9-7. Commissioner may accept federal laws and regulations.

§19-9-7a. Animal disease traceability; rulemaking; exemption.

§19-9-8. Powers of federal inspectors.

§19-9-9. County court may cooperate in control and eradication of communicable diseases.

§19-9-10. Commissioner may prescribe tests for diseases.

§19-9-11. Reports of sales of and tests with diagnostic materials.

§19-9-12. Unlawful sale of diagnostic materials.

§19-9-12a. Sale, distribution or administration of unattenuated hog cholera virus.

§19-9-13. Quarantine of premises or animals; general and special quarantine defined.

§19-9-14. Establishment of special quarantine.

§19-9-15. Establishment of general quarantine.

§19-9-16. Unlawful to remove, deface or destroy quarantine notice.

§19-9-17. Care of quarantined animals; expense.

§19-9-18. Removal of animals, etc., from quarantined area; running at large of dogs in such area.

§19-9-19. Domestic animal within quarantined area running at large.

§19-9-20. Bringing animals into state; health certificate.

§19-9-21. Animals entering state without health certificate.

§19-9-22. Unlawful possession of animal brought into state.

§19-9-23. Regulation of imported dairy or breeding animals.

§19-9-24. Importation of dairy or breeding animal unaccompanied by health certificate and test chart.

§19-9-25. Commissioner may decline to accept health certificate or test chart.

§19-9-26. Animals brought into state for slaughter or for exhibition purposes.

§19-9-27. Unlawful sale of animals for breeding or dairy purposes.

§19-9-28. Indemnity for euthanizing infected or exposed animals; agreement.

§19-9-29. When right of indemnity does not exist.

§19-9-30. Appraisal of infected or exposed animals; amount; arbitration; fees of arbitrators.

§19-9-31. Certificate of appraisal.

§19-9-32. Euthanasia of diseased animals; supervision; certificate of euthanasia.

§19-9-33. Payment of indemnity.

§19-9-34. Disposal of carcass of diseased animal.

§19-9-34a. Authority of commissioner to promulgate rules regulating disposal of dead animals.

§19-9-35. Tests for bovine tuberculosis; disposition of infected bovine animals.

§19-9-36. Rules for determining amount of indemnity.

§19-9-37. Payment of indemnity for animals slaughtered as tuberculous.

§19-9-38. Transportation of diseased animals.

§19-9-39. Selling or giving away diseased animal; permitting it to stray.

§19-9-40. Penalties.

CHAPTER 19, ARTICLE 9A. FEEDING OF UNTREATED GARBAGE TO SWINE.

§19-9A-1. Definitions.

§19-9A-2. Permit required for feeding garbage to swine; renewal; exception.

§19-9A-3. Application for permit.

§19-9A-4. Refusal or revocation of permit.

§19-9A-5. Cooking or other treatment of garbage required.

§19-9A-6. Inspection and investigation; maintenance of records.

§19-9A-7. Administration and enforcement of article; rules and regulations.

§19-9A-8. Penalties; enjoining violation.

CHAPTER 19, ARTICLE 10. MALE BREEDING ANIMALS.

§19-10-1. Repealed. Acts, 2009 Reg. Sess., Ch. 37.

§19-10-2. Repealed. Acts, 2009 Reg. Sess., Ch. 37.

§19-10-3. Repealed. Acts, 2009 Reg. Sess., Ch. 37.

§19-10-4. Repealed. Acts, 2009 Reg. Sess., Ch. 37.

§19-10-5. Repealed. Acts, 2009 Reg. Sess., Ch. 37.

§19-10-6. Repealed. Acts, 2009 Reg. Sess., Ch. 37.

§19-10-7. Repealed. Acts, 2009 Reg. Sess., Ch. 37.

§19-10-8. Repealed. Acts, 2009 Reg. Sess., Ch. 37.

§19-10-9. Repealed. Acts, 2009 Reg. Sess., Ch. 37.

§19-10-10. Repealed. Acts, 2009 Reg. Sess., Ch. 37.

§19-10-11. Repealed. Acts, 2009 Reg. Sess., Ch. 37.

§19-10-12. Repealed. Acts, 2009 Reg. Sess., Ch. 37.

§19-10-13. Repealed. Acts, 2009 Reg. Sess., Ch. 37.

CHAPTER 19, ARTICLE 10A. THE WEST VIRGINIA EGG MARKETING LAW OF 1998.

§19-10A-1. Purpose; and short title.

§19-10A-2. Definitions.

§19-10A-3. Permits and registration.

§19-10A-4. Exemptions.

§19-10A-5. Container requirements.

§19-10A-6. Prohibited acts.

§19-10A-7. Labeling.

§19-10A-8. Invoice requirements.

§19-10A-9. Advertising.

§19-10A-10. Powers and duties of the commissioner.

§19-10A-11. Egg handling facilities, temperature and humidity, sanitation and cleaning.

§19-10A-12. Access to premises.

§19-10A-13. Penalties.

§19-10A-14. Persons punishable as principals.

§19-10A-15. Cooperation with other entities.

§19-10A-16. Confidentiality of trade secrets.

CHAPTER 19, ARTICLE 10B. LIVESTOCK DEALER'S LICENSING ACT.

§19-10B-1. Short title.

§19-10B-2. Definitions.

§19-10B-3. License required; fee.

§19-10B-4. Applicant to furnish bond.

§19-10B-5. Records of transactions; inspection by commissioner.

§19-10B-6. Investigation of complaints; board of review; orders of the commissioner; hearing; review.

§19-10B-7. Refusals, suspensions or revocation of licenses.

§19-10B-8. Fees paid into special fund in State Treasury.

§19-10B-9. Commissioner to enforce article; rules and regulations.

§19-10B-10. Penalties.

§19-10B-11. Construction.

CHAPTER 19, ARTICLE 11. BULK MILK TRADE LAW.

§19-11-1. Purpose.

§19-11-2. Definitions.

§19-11-3. Permit for the purchase of milk.

§19-11-4. Certificates of proficiency.

§19-11-5. Licenses.

§19-11-6. Purchase of milk.

§19-11-7. Adulteration.

§19-11-8. Prohibited acts.

§19-11-9. Powers and duties of commissioner.

§19-11-10. Suspension, revocation or denial of permits, licenses and certificates of proficiency.

§19-11-11. Hearings and appeals.

§19-11-12. Criminal penalties; civil penalties; negotiated agreement.

§19-11-13. Payment of fees.

§19-11-14. Cooperation with other entities.

§19-11-15. Confidentiality of trade secrets.

§19-11-16. Repealed. Acts, 1991 Reg. Sess., Ch. 7.

§19-11-17. Repealed. Acts, 1991 Reg. Sess., Ch. 7.

CHAPTER 19, ARTICLE 11A. DAIRY PRODUCTS AND IMITATION DAIRY PRODUCTS LAW.

§19-11A-1. Purpose.

§19-11A-2. Definitions.

§19-11A-3. Permits.

§19-11A-4. Labeling.

§19-11A-5. Adulteration.

§19-11A-6. Misbranded.

§19-11A-7. Prohibited acts.

§19-11A-8. Approved sampling and testing methods.

§19-11A-9. Approved laboratories.

§19-11A-10. Powers and duties of commissioner.

§19-11A-11. Suspension, revocation or denial of permits.

§19-11A-12. Hearings and appeals.

§19-11A-13. Criminal penalties; civil penalties; negotiated agreement.

§19-11A-14. Payment of fees.

§19-11A-15. Cooperation with other entities.

§19-11A-16. Confidentiality of trade secrets.

CHAPTER 19, ARTICLE 11B. FROZEN DESSERTS AND IMITATION FROZEN DESSERTS LAW.

§19-11B-1. Purpose.

§19-11B-2. Definitions.

§19-11B-3. Frozen desserts manufacturer permit.

§19-11B-4. Labeling.

§19-11B-5. Adulteration.

§19-11B-6. Misbranded.

§19-11B-7. Prohibited acts.

§19-11B-8. Approved sampling and testing methods.

§19-11B-9. Approved laboratories.

§19-11B-10. Powers and duties of commissioner.

§19-11B-11. Suspension, revocation or denial of permits.

§19-11B-12. Hearings and appeals.

§19-11B-13. Criminal penalties; civil penalties; negotiated agreement.

§19-11B-14. Payment of fees.

§19-11B-15. Cooperation with other entities.

§19-11B-16. Confidentiality of trade secrets.

CHAPTER 19, ARTICLE 11C. SOUTHERN DAIRY COMPACT.

§19-11C-1. Enactment of compact.

§19-11C-2. Compact administrator.

§19-11C-3. Appointment of delegation.

§19-11C-4. Effective date.

CHAPTER 19, ARTICLE 11D. TRADITIONAL CHEESE PRODUCTION.

§19-11D-1. Legislative findings.

§19-11D-2. Application of article.

§19-11D-3. Exemption from regulatory control; authorizing rules by the commissioner of agriculture.

CHAPTER 19, ARTICLE 11E. MILK AND MILK PRODUCTS.

§19-11E-1. Purpose and scope.

§19-11E-2. Definitions.

§19-11E-3. Department to regulate milk and milk products.

§19-11E-4. Milk producer permits.

§19-11E-5. Licenses.

§19-11E-6. Labeling.

§19-11E-7. Adulteration.

§19-11E-8. Authority and duties of the commissioner.

§19-11E-9. Prohibited acts.

§19-11E-10. Suspension, revocation, or denial of permits or licenses.

§19-11E-11. Hearings and appeals.

§19-11E-12. Criminal penalties; civil penalties; negotiated agreements.

§19-11E-13. Payment of fees.

§19-11E-14. Cooperation with other entities.

§19-11E-15. Confidentiality of trade secrets.

§19-11E-16. Dairy Advisory Board.

§19-11E-17. Transfer of milk regulation authority from Department of Health to Department of Agriculture.

CHAPTER 19, ARTICLE 12. INSECT PESTS, PLANT DISEASES AND NOXIOUS WEEDS.

§19-12-1. Title.

§19-12-2. Definitions.

§19-12-3. Commissioner to enforce article; powers and duties generally.

§19-12-4. Detection and abundance surveys; findings of commissioner; eradication and suppression.

§19-12-5. Rules and regulations for eradication, etc., of plant pests and other insects and noxious weeds; enjoining violations of article or rules and regulations.

§19-12-6. Quarantines and other orders; plants or plant products entering state.

§19-12-7. Infected or infested nursery stock, articles or materials subject to seizure, etc.

§19-12-8. Right of entry on premises.

§19-12-9. Certificate of registration for nurserymen, dealers, etc.; refusal, suspension, etc., of certificates; annual registration fees.

§19-12-10. Inspection of nurseries; orders of commissioner as to eradication or control of infestation.

§19-12-11. Nursery stock brought into state to carry inspection certificate.

§19-12-12. Disposition of fees collected.

§19-12-13. Inspection of plants, etc., by commissioner upon request; certificate stating results of inspection.

§19-12-14. Permit required to sell, transport, etc., plant pests or noxious weeds.

§19-12-15. Information to be furnished and inspection allowed upon request of commissioner.

§19-12-16. Criminal penalties; civil penalties; duties of the prosecuting attorney.

§19-12-17. Severability.

§19-12-18. Confidentiality of trade secrets.

CHAPTER 19, ARTICLE 12A. LAND DIVISION.

§19-12A-1. Legislative findings and declarations.

§19-12A-1a. Farm management commission abolished; property transferred; powers and duties of commissioner of agriculture.

§19-12A-2. Definitions.

§19-12A-3 Repealed Acts, 2019 Reg. Sess., Ch. 6.

§19-12A-4. Transfer of institutional farms, farm equipment, farm facilities, inventories and agricultural products to commission; utility continuance; provisions for uninterrupted operation; transfer of funds.

§19-12A-5. Powers, duties, and responsibilities of commissioner.

§19-12A-6. Commissioner’s powers and duties.

§19-12A-6a. Special revenue account.

§19-12A-7 Repealed Acts, 2019 Reg. Sess., Ch. 6.

§19-12A-8 Repealed Acts, 2019 Reg. Sess., Ch. 6.

§19-12A-9 Repealed Acts, 1991 Reg. Sess., Ch. 86.

CHAPTER 19, ARTICLE 12B. INTERSTATE COMPACT ON PEST CONTROL.

§19-12B-1. Enactment of compact.

§19-12B-2. Appropriations for insurance fund.

§19-12B-3. Filing of bylaws and amendments.

§19-12B-4. Compact administrator.

§19-12B-5. Request for assistance.

§19-12B-6. Disposition of compact grants and reimbursements.

§19-12B-7. Executive head.

CHAPTER 19, ARTICLE 12C. INTERAGENCY COMMITTEE ON PESTICIDES.

§19-12C-1. Repealed.Acts, 1991 Reg. Sess., Ch. 120

§19-12C-2. Repealed.Acts, 1991 Reg. Sess., Ch. 120

§19-12C-3. Repealed.Acts, 1991 Reg. Sess., Ch. 120

§19-12C-4. Repealed.Acts, 1991 Reg. Sess., Ch. 120

§19-12C-5. Repealed.Acts, 1991 Reg. Sess., Ch. 120

§19-12C-6. Repealed.Acts, 1991 Reg. Sess., Ch. 120

§19-12C-7. Repealed.Acts, 1991 Reg. Sess., Ch. 120

CHAPTER 19, ARTICLE 12D. WEST VIRGINIA NOXIOUS WEED ACT.

§19-12D-1. Title.

§19-12D-2. Declaration of purpose; legislative findings.

§19-12D-3. Definitions.

§19-12D-4. Administration of article; promulgation of regulations.

§19-12D-5. Surveys for noxious weeds; multiflora rose.

§19-12D-6. Quarantines.

§19-12D-7. Prohibited acts; permits; authority to stop sale or delivery.

§19-12D-8. Cooperation with federal and state agencies; drug producing plants declared noxious; establishment of program for eradication of multiflora rose.

§19-12D-9. Right of entry.

§19-12D-10. Review of actions of commissioner.

§19-12D-11. Penalties.

§19-12D-12. Importation or sale of multiflora rose unlawful.

CHAPTER 19, ARTICLE 12E. INDUSTRIAL HEMP DEVELOPMENT ACT.

§19-12E-1. Short title.

§19-12E-2. Purpose.

§19-12E-3. Definitions.

§19-12E-4. Industrial hemp authorized as agricultural crop; license required.

§19-12E-5. Industrial hemp; licensing.

§19-12E-6. Industrial hemp production - notification.

§19-12E-7. Rule-making authority.

§19-12E-8. Disposition of fees.

§19-12E-9. Defense for possession or cultivation of marijuana.

§19-12E-10. State regulation of industrial hemp.

§19-12E-11. Violations; negligent violations; notice.

§19-12E-12. Regulation of select plant-based derivatives; findings; industrial hemp.

CHAPTER 19, ARTICLE 12F. SELECT PLANT-BASED DERIVATIVES REGULATION ACT: KRATOM.

§19-12F-1. Short title. Findings.

§19-12F-2. Findings; purpose.

§19-12F-3. Definitions.

§19-12F-4. Processor and retailer permits; regulations; permitting; and registration.

§19-12F-5. Rule-making authority.

§19-12F-6. Age verification requirements.

§19-12F-7. Taxation; disposition of funds.

§19-12F-8. Application and registration fees.

§19-12F-9. Cooperative enforcement agreements.

§19-12F-9a. Mandatory labeling.

§19-12F-10. Contraband; seizures; forfeitures; and destruction.

§19-12F-11. Criminal violations; penalties.

CHAPTER 19, ARTICLE 13. INSPECTION AND PROTECTION OF AGRICULTURE.

§19-13-1. Short title.

§19-13-2. Definitions.

§19-13-3. Commissioner's powers and duties; rule-making authority; apiary education; cooperation with governmental agencies; seizure of infected bees and bee equipment.

§19-13-4. Registration of bees; identification of apiaries; limitation on liability.

§19-13-5. Right of entry; apiary inspections; quarantines.

§19-13-6. Abandoned apiaries and equipment; notice.

§19-13-7. Bees brought into state to carry inspection certificate; commissioner to be notified; interstate movement of bees.

§19-13-8. Repealed. Acts, 2003 Reg. Sess., Ch. 8.

§19-13-9. Candy for mailing cages.

§19-13-10. Repealed. Acts, 2003 Reg. Sess., Ch. 8.

§19-13-11. Penalties for violations of article; rules.

§19-13-12. Severability.

§19-13-13. Repealed. Acts, 1991 Reg. Sess., Ch. 10.

§19-13-14. Repealed. Acts, 1991 Reg. Sess., Ch. 10.

§19-13-15. Repealed. Acts, 1991 Reg. Sess., Ch. 10.

§19-13-16. Repealed. Acts, 1991 Reg. Sess., Ch. 10.

§19-13-17. Repealed. Acts, 1991 Reg. Sess., Ch. 10.

§19-13-18. Repealed. Acts, 1991 Reg. Sess., Ch. 10.

§19-13-19. Repealed. Acts, 1991 Reg. Sess., Ch. 10.

§19-13-20. Repealed. Acts, 1991 Reg. Sess., Ch. 10.

CHAPTER 19, ARTICLE 14. WEST VIRGINIA COMMERCIAL FEED LAW.

§19-14-1. Title.

§19-14-2. Definitions.

§19-14-3. Powers and duties of the commissioner.

§19-14-4. Special revenue fund.

§19-14-5. Permits; registration.

§19-14-6. Refusal of applications; suspension and revocation of registrations and permits.

§19-14-7. Hearings and appeals.

§19-14-8. Labeling.

§19-14-9. Tonnage reports; inspection fees.

§19-14-10. Adulteration.

§19-14-11. Misbranding.

§19-14-12. Embargoes; condemnation and confiscation; injunctions.

§19-14-13. Confidentiality of trade secrets.

§19-14-14. Prohibited acts.

§19-14-15. Penalties.

§19-14-16. Deviations and Penalties.

CHAPTER 19, ARTICLE 15. WEST VIRGINIA FERTILIZER LAW.

§19-15-1. Definitions of words and terms.

§19-15-2. Registration.

§19-15-3. Labels.

§19-15-4. Inspection fees.

§19-15-5. Tonnage reports.

§19-15-6. Inspection, sampling and analysis.

§19-15-7. Deficiencies.

§19-15-8. Commercial value.

§19-15-9. Misbranding.

§19-15-10. Adulteration.

§19-15-11. Publications.

§19-15-12. Rules.

§19-15-13. Short weight.

§19-15-14. Cancellation of registrations.

§19-15-15. Embargo orders.

§19-15-16. Seizure, condemnation and sale.

§19-15-16a. Local legislation prohibited.

§19-15-17. Violations.

§19-15-18. Exchanges between manufacturers.

§19-15-19. Expenditure of registration, inspection and penalty fees.

§19-15-20. Constitutionality.

§19-15-21. Repeal.

CHAPTER 19, ARTICLE 15A. WEST VIRGINIA AGRICULTURAL LIMING MATERIALS LAW.

§19-15A-1. Definitions of words and terms.

§19-15A-2. Registration of brands; registration fees.

§19-15A-3. Required labeling; toxic materials prohibited.

§19-15A-4. Inspection fee; report of tonnage; annual report.

§19-15A-5. Inspection; sampling; analysis.

§19-15A-6. Embargo; suspension or cancellation of registration; seizure of materials.

§19-15A-7. Deficiency assessment, tolerances and payment.

§19-15A-8. Rule-making authority.

§19-15A-9. Disposition of fees.

§19-15A-10. Penalties.

CHAPTER 19, ARTICLE 16. WEST VIRGINIA SEED LAW.

§19-16-1. Definitions.

§19-16-2. Label requirements for agricultural crops, lawn and turf, vegetable, tree and shrub, flower seeds, and seed potatoes.

§19-16-3. Certificate of registration; seed fees; payment of fees; disposition of funds.

§19-16-3a. Industrial hemp seed certification program; requirements; fees; rulemaking.

§19-16-3b. Records.

§19-16-4. Prohibitions.

§19-16-4a. Local laws prohibited.

§19-16-5. Exemptions.

§19-16-5a. Label, signage, and other requirements for noncommercial seed sharing.

§19-16-6. Duties and authority of Commissioner of Agriculture.

§19-16-7. Stop sale orders or embargo; seizure.

§19-16-8. Penalties and prosecutions.

§19-16-9. Deficiencies.

CHAPTER 19, ARTICLE 16A. WEST VIRGINIA PESTICIDE CONTROL ACT.

§19-16A-1. Short title.

§19-16A-2. Declaration of purpose; legislative finding.

§19-16A-3. Definitions.

§19-16A-4. Powers and duties of the commissioner.

§19-16A-5. Registration of pesticides; fees; confidentiality of trade secrets.

§19-16A-6. Refusal or cancellation of registration.

§19-16A-7. Annual pesticide business license.

§19-16A-8. Financial security requirement for licensed pesticide business.

§19-16A-9. Records of pesticide businesses.

§19-16A-10. Restricted use pesticides.

§19-16A-11. Application of this article to government entities; liability.

§19-16A-12. Private and commercial applicator's license and certificate; registered technician certificate.

§19-16A-13. Renewals.

§19-16A-14. Exemptions.

§19-16A-15. Reexamination or special examinations.

§19-16A-16. Employee training program.

§19-16A-17. Reciprocal agreement.

§19-16A-18. Denial, suspension or revocation of license, permit or certification; civil penalty.

§19-16A-19. Pesticide accidents; incidents or loss.

§19-16A-20. Legal recourse of aggrieved persons.

§19-16A-21. Violations.

§19-16A-22. Criminal penalties; civil penalties; negotiated agreement.

§19-16A-23. Continuation of Pesticide Control Fund in State Treasury; disposition of certain fees to General Revenue Fund.

§19-16A-24. Issuance of subpoenas.

§19-16A-25. Right of commissioner to enter and inspect; enforcement of article.

§19-16A-26. Issuance of stop-sale; use or renewal orders; judicial review.

§19-16A-27. Issuing warnings.

CHAPTER 19, ARTICLE 16B. WEST VIRGINIA PESTICIDE USE AND APPLICATION ACT.

§19-16B-1. Repealed.Acts, 1990 Reg. Sess., Ch. 7.

§19-16B-2. Repealed.Acts, 1990 Reg. Sess., Ch. 7.

§19-16B-3. Repealed.Acts, 1990 Reg. Sess., Ch. 7.

§19-16B-4. Repealed.Acts, 1990 Reg. Sess., Ch. 7.

§19-16B-5. Repealed.Acts, 1990 Reg. Sess., Ch. 7.

§19-16B-6. Repealed.Acts, 1990 Reg. Sess., Ch. 7.

§19-16B-7. Repealed.Acts, 1990 Reg. Sess., Ch. 7.

§19-16B-8. Repealed.Acts, 1990 Reg. Sess., Ch. 7.

§19-16B-9. Repealed.Acts, 1990 Reg. Sess., Ch. 7.

§19-16B-10. Repealed.Acts, 1990 Reg. Sess., Ch. 7.

§19-16B-11. Repealed.Acts, 1990 Reg. Sess., Ch. 7.

§19-16B-12. Repealed.Acts, 1990 Reg. Sess., Ch. 7.

§19-16B-13. Repealed.Acts, 1990 Reg. Sess., Ch. 7.

§19-16B-14. Repealed.Acts, 1990 Reg. Sess., Ch. 7.

§19-16B-15. Repealed.Acts, 1990 Reg. Sess., Ch. 7.

§19-16B-16. Repealed.Acts, 1990 Reg. Sess., Ch. 7.

§19-16B-17. Repealed.Acts, 1990 Reg. Sess., Ch. 7.

§19-16B-18. Repealed.Acts, 1990 Reg. Sess., Ch. 7.

§19-16B-19. Repealed.Acts, 1990 Reg. Sess., Ch. 7.

§19-16B-20. Repealed.Acts, 1990 Reg. Sess., Ch. 7.

§19-16B-21. Repealed.Acts, 1990 Reg. Sess., Ch. 7.

§19-16B-22. Repealed.Acts, 1990 Reg. Sess., Ch. 7.

§19-16B-23. Repealed.Acts, 1990 Reg. Sess., Ch. 7.

§19-16B-24. Repealed.Acts, 1990 Reg. Sess., Ch. 7.

§19-16B-25. Repealed.Acts, 1990 Reg. Sess., Ch. 7.

§19-16B-26. Repealed.Acts, 1990 Reg. Sess., Ch. 7.

CHAPTER 19, ARTICLE 17. FENCES.

§19-17-1. Definition of lawful fence.

§19-17-2. Rivers and streams as lawful fences; establishment or discontinuance.

§19-17-3. Hedge fence.

§19-17-4. Partition fence; liability for trespass of animals.

§19-17-5. Apportionment of construction and maintenance of partition fence.

§19-17-6. Sharing cost of constructed fences.

§19-17-7. Notice of intention to build or repair partition fence; answer.

§19-17-8. Disputes relating to partition fences.

§19-17-9. Repealed. Acts, 1993 Reg. Sess., Ch. 57.

§19-17-10. Liability of owner for refusal to repair fence.

§19-17-11. Presumptions as to sufficiency of fence.

CHAPTER 19, ARTICLE 18. GENERAL STOCK LAW.

§19-18-1. Livestock trespassing on property of another; damages for injuries to person or property; notice to livestock owner; containment of livestock; costs for containment.

§19-18-2. Unclaimed livestock; containment by sheriff; sheriff's sale at public auction.

§19-18-3. Criminal penalties for trespassing livestock.

§19-18-4. Repealed. Acts, 2013 Reg. Sess., Ch. 124.

§19-18-5. Repealed. Acts, 2013 Reg. Sess., Ch. 124.

§19-18-6. Repealed. Acts, 2013 Reg. Sess., Ch. 124.

§19-18-7. Repealed. Acts, 2013 Reg. Sess., Ch. 124.

§19-18-8. Repealed. Acts, 2013 Reg. Sess., Ch. 124.

§19-18-9. Repealed. Acts, 2013 Reg. Sess., Ch. 124.

§19-18-10. Repealed. Acts, 2013 Reg. Sess., Ch. 124.

§19-18-11. Repealed. Acts, 2013 Reg. Sess., Ch. 124.

§19-18-12. Repealed. Acts, 2013 Reg. Sess., Ch. 124.

CHAPTER 19, ARTICLE 19. PRESERVATION OF AGRICULTURAL PRODUCTION.

§19-19-1. Purpose; public policy.

§19-19-2. Definitions.

§19-19-3. Temporary change of agricultural operations.

§19-19-4. Agriculture not adverse; limitation of actions.

§19-19-5. Duties of owner or operator maintained.

§19-19-6. Liability for damage or destruction of sylvicultural or agricultural field test crop; damages.

§19-19-7. Additional limitations on nuisance actions.

§19-19-8. Damages.

CHAPTER 19, ARTICLE 20. DOGS AND CATS.

§19-20-1. Dogs subject to taxation; declared to be personal property.

§19-20-2. Collection of head tax on dogs; duties of assessor and sheriff; registration of dogs; disposition of head tax; taxes on dogs not collected by assessor.

§19-20-3. Registration of dog kennels; application; fee; expiration of certificate of registration.

§19-20-4. Forms for registration; records; registration tags; loss thereof.

§19-20-5. Wearing of registration tag by dog.

§19-20-6. County dog warden; rules and regulations for dog control; prosecution and penalties for violation of ordinances.

§19-20-6a. Authority of county commission to contract with private society, other county or municipality for the care and control of dogs and cats.

§19-20-7. Dog pound and equipment to be provided by county court [county commission]; exception.

§19-20-8. Impounding and disposition of dogs; costs and fees.

§19-20-8a. Joint ownership, etc., by counties and municipalities of dog pounds; joint employment of dog wardens.

§19-20-9. Failure to register dog or kennel; alteration or forging of registration certificate or tag; penalties.

§19-20-9a. Dogs, cats, etc.; rabies observation.

§19-20-10. Dog and kennel fund; disposition thereof.

§19-20-11. Assessment of dogs as personal property.

§19-20-12. Dogs, other animals and reptiles protected by law; unlawful killing thereof; aggrieved owner's remedy; penalties; penalties for unlawful stealing of companion animals.

§19-20-13. Dog running at large; liability of owner.

§19-20-14. Dog killing, wounding or worrying livestock or poultry -- Recovery of damages.

§19-20-15. Same -- Assessment of damages; appraisers.

§19-20-16. Same -- When lawful to kill dog.

§19-20-17. Same -- Unlawful to harbor dog; penalty.

§19-20-18. Same -- Duty of owner to kill dog; proceeding before magistrate on failure of owner to kill.

§19-20-19. Offenses; criminal penalties; jurisdiction.

§19-20-19a. Dog warden and deputy dog wardens; power to issue citations.

§19-20-20. Keeping vicious dogs; humane officers may kill such dogs.

§19-20-21. License fee for keeping vicious or dangerous dog.

§19-20-22. Confinement of female dogs.

§19-20-23. Prohibition of the use of impounded dogs and cats.

§19-20-24. Causing death or injury to animals used by law- enforcement officials or by fire prevention or investigation officials; criminal penalties.

§19-20-25. Retirement, transfer or disposal of state owned dogs and horses.

§19-20-26. Commercial dog-breeding operations.

CHAPTER 19, ARTICLE 20A. VACCINATION OF DOGS AND CATS FOR RABIES.

§19-20A-1. Purpose and policy.

§19-20A-2. Vaccination of dogs and cats.

§19-20A-3. Vaccination record and report.

§19-20A-4. Vaccination tag and certificate.

§19-20A-5. Type of vaccine to be furnished; fee.

§19-20A-6. Offenses and penalties.

§19-20A-7. Enforcement of article.

§19-20A-8. Vaccinated dogs and cats may run at large; confinement may be required by the commissioner of agriculture within the limits of any quarantine area or locality; and ordinances or rules may be promulgated by any county commission or municipality relating to the control and management of dogs within the county; providing limited exemption for hunting and farm dogs from county commission or municipality action.

CHAPTER 19, ARTICLE 20B. SPAYING OR NEUTERING OF DOGS AND CATS.

§19-20B-1. Short title.

§19-20B-2. Requirement for adoption.

§19-20B-3. Deposit.

§19-20B-4. Petition for compliance.

§19-20B-5. Penalty.

§19-20B-6. Dogs or cats claimed by owner.

CHAPTER 19, ARTICLE 20C. WEST VIRGINIA SPAY NEUTER ASSISTANCE PROGRAM.

§19-20C-1. West Virginia Spay Neuter Assistance Program.

§19-20C-2. Fund established; acceptance of funds.

§19-20C-3. Rulemaking; annual report.

CHAPTER 19, ARTICLE 20D. PRIVATE CAUSE OF ACTION FOR THE HUMANE DESTRUCTION OF A DOG.

§19-20D-1. Purpose.

§19-20D-2. Procedure; petition to magistrate court; elements of action; burden of proof; attorney fees; limitation of action.

§19-20D-3. Order of the magistrate court.

CHAPTER 19, ARTICLE 21. DRAINAGE DISTRICTS.

§19-21-1. Jurisdiction of circuit courts to organize drainage districts; definition of terms.

§19-21-2. Proceedings under article have precedence over other cases; exceptions; mandamus.

§19-21-3. Petition to establish district.

§19-21-4. Appointment of engineer; duties and compensation thereof; notice of application to form drainage district.

§19-21-5. Objections to formation of drainage district; action of court; appeal; filing of decree in office of clerk of county court [county commission].

§19-21-6. First meeting of owners; election of board of supervisors.

§19-21-7. Annual meeting of owners; election of supervisor.

§19-21-8. Oath of supervisor; effect of failure to qualify.

§19-21-9. Organization of board of supervisors; duties and compensation.

§19-21-10. Appointment, powers and duties of chief engineer; adoption of plan for reclamation.

§19-21-11. Tax levy to pay preliminary expenses; delinquent tax as lien on property; disposition of funds.

§19-21-12. Board of appraisers.

§19-21-13. Assessment of benefits and damages; extension of district to include other lands; report of appraisers; compensation.

§19-21-14. Publication of appraisers' report.

§19-21-15. Exceptions to appraisers' report; action of court thereon; review of assessments.

§19-21-16. Assessment of damages by jury.

§19-21-17. Powers of board of supervisors; letting of contracts; persons to whom contract may not be awarded; payments to contractors.

§19-21-18. Levying of tax to pay costs of completion; tax lien.

§19-21-19. Annual installment tax; certification thereof to sheriff.

§19-21-20. Collection of taxes.

§19-21-21. When taxes payable; suit by supervisors to collect delinquent taxes; suit by bondholder.

§19-21-22. General conduct of suit; purchase by commissioner in name of board of supervisors; redemption.

§19-21-23. Lien of bonds; collection of annual tax to pay bonds; nonpayment of bond; receiver.

§19-21-24. Treasurer of district; salary, bond and duties; audit of books.

§19-21-25. Powers of board of supervisors to drain, protect and reclaim land.

§19-21-26. Employment of attorney.

§19-21-27. Record of board of supervisors.

§19-21-28. Right to enter and appropriate land; vesting of title in district; compensation of owner.

§19-21-29. Cost of constructing ditch or drain across highway; constructing, enlarging or changing bridge, culvert or trestle; removal of structure for passage of boat or equipment.

§19-21-30. Unpaid warrants to draw interest.

§19-21-31. Surety bonds to be made payable to district; persons covered by bond.

§19-21-32. No action to abate on account of death or disability; service of summons; notice to nonresidents.

§19-21-33. Definition of "owner"; effect of failure to summon owner.

§19-21-34. Petition to amend former decree; notice; objections to amendments; hearing by court; appointment and duties of appraisers.

§19-21-35. Serial bonds.

§19-21-36. Formulation of new plans; additional assessments and levy.

§19-21-37. Removal of officer or employee.

§19-21-38. Connection of ditches or drains; consent of supervisors thereto; circuit court to decide disputes.

§19-21-39. Maintenance and preservation of ditches, etc.; maintenance tax; collection thereof by sheriff.

§19-21-40. Consolidation of adjacent districts.

§19-21-41. Penalty for obstructing drain or damaging drainage work.

CHAPTER 19, ARTICLE 21A. CONSERVATION DISTRICTS.

§19-21A-1. Short title.

§19-21A-2. Legislative determinations and declaration of policy.

§19-21A-3. Definitions.

§19-21A-4. State Conservation Committee; continuation.

§19-21A-4a. Administration of West Virginia Conservation Agency programs; legislative rules.

§19-21A-5. Continuation of conservation districts.

§19-21A-6. Election of supervisors for each district; filling vacancies.

§19-21A-7. Supervisors to constitute governing body of district; qualifications and terms of supervisors; powers and duties; removal.

§19-21A-8. Powers and duties of conservations districts and supervisors.

§19-21A-9. Cooperation between districts.

§19-21A-10. Cooperation between state agencies and districts.

§19-21A-11. Authority of governmental divisions to expend money for works of improvement; levy.

§19-21A-12. Assurances of cooperation by governmental division.

§19-21A-13. Contracts with district for construction of flood control projects; power to borrow money; levy.

§19-21A-13a. Repealed. Acts, 2006 Reg. Sess., Ch. 38.

§19-21A-13b. Repealed. Acts, 2006 Reg. Sess., Ch. 38.

§19-21A-13c. Repealed. Acts, 2006 Reg. Sess., Ch. 38.

§19-21A-14. Discontinuing and reforming districts.

CHAPTER 19, ARTICLE 21B. WATERSHED IMPROVEMENT DISTRICTS.

§19-21B-1. Definitions.

§19-21B-2. Establishment of watershed improvement districts.

§19-21B-3. Petition for establishment.

§19-21B-4. Public hearing on petition; determination of need for district; defining boundaries.

§19-21B-5. Determination of whether operation of proposed district is feasible.

§19-21B-6. Declaration of organization of district; certification.

§19-21B-7. Establishment of watershed improvement district situated in more than one soil conservation district.

§19-21B-8. Inclusion of additional territory within existing district.

§19-21B-9. Governing body of district; trustees.

§19-21B-10. Officers, agents and employees; surety bonds; annual audit.

§19-21B-11. Status and powers of district; powers of trustees.

§19-21B-12. Powers granted to be additional to powers of soil conservation district.

§19-21B-13. Discontinuance of watershed improvement districts.

CHAPTER 19, ARTICLE 22. VINEGARS.

§19-22-1. Repealed. Acts, 2009 Reg. Sess., Ch. 38.

§19-22-2. Repealed. Acts, 2009 Reg. Sess., Ch. 38.

§19-22-3. Repealed. Acts, 2009 Reg. Sess., Ch. 38.

§19-22-4. Repealed. Acts, 2009 Reg. Sess., Ch. 38.

§19-22-5. Repealed. Acts, 2009 Reg. Sess., Ch. 38.

§19-22-6. Repealed. Acts, 2009 Reg. Sess., Ch. 38.

§19-22-7. Repealed. Acts, 2009 Reg. Sess., Ch. 38.

CHAPTER 19, ARTICLE 23. HORSE AND DOG RACING.

§19-23-1. License required for horse and dog racing and pari-mutuel wagering in connection therewith; exception.

§19-23-2. Permits required for horse and dog racetrack positions; residency requirements for employees of licensees.

§19-23-3. Definitions.

§19-23-4. West Virginia Racing Commission continued as a public corporation; composition; terms; vacancies; qualifications, expenses of members; principal office; meetings; election of officers; quorum; inspection of records; annual report.

§19-23-5. Executive director and other personnel; qualifications; terms; powers and duties; compensation and expenses.

§19-23-6. Powers and authority of Racing Commission.

§19-23-7. Application for license; forms; time for filing; disclosure required; verification; bond; application for permit.

§19-23-7a. Applicants for licenses and permits to provide fingerprints.

§19-23-8. Consideration of application for license or permit; issuance or denial; contents of license or permit; grounds for denial of application; determination of racing dates; license or permit not transferable or assignable; limitation on license; validity of permit.

§19-23-8a. Applications for Sunday racing; local option election procedures; protest procedures against approval.

§19-23-8b. Horse or dog racing after six o'clock postmeridian on Sundays; application therefor; tentative approval; publication of notice; petition for local option election; local option election procedure; effect of such election.

§19-23-8c. Local option election procedure; form of ballot or ballot labels; effect of such election.

§19-23-9. Pari-mutuel system of wagering authorized; licensee authorized to deduct commissions from pari-mutuel pools; retention of breakage; auditing; minors.

§19-23-10. Daily license tax; pari-mutuel pools tax; how taxes paid; alternate tax; credits.

§19-23-11. Revenues from horse racing and dog racing to be paid into a special account to fund commission expenses.

§19-23-12. License to be in lieu of all other license, etc., taxes; exception.

§19-23-12a. Pari-mutuel wagering on interstate and intrastate horse and dog racing.

§19-23-12b. Televised racing days; merging of pari-mutuel wagering pools.

§19-23-12c. Interstate simulcasts by licensed racetracks.

§19-23-12d. Simulcast races and pari-mutuel wagering at authorized gaming facility in historic resort hotel.

§19-23-12e. Licensing of advance deposit account wagering.

§19-23-13. Disposition of funds for payment of outstanding and unredeemed pari-mutuel tickets; publication of notice; irredeemable tickets; payment of past obligations.

§19-23-13a. West Virginia bonus race fund.

§19-23-13b. West Virginia Thoroughbred Development Fund; distribution; restricted races; nonrestricted purse supplements; preference for West Virginia accredited thoroughbreds.

§19-23-13c. Expenditure of racetrack video lottery distribution.

§19-23-14. Disposition of permit fees, registration fees and civil penalties.

§19-23-15. Investigation by Racing Commission; suspension or revocation of license or permit.

§19-23-16. Entry of order suspending or revoking license or permit; service of order; contents; hearing; decision to be in writing.

§19-23-17. Judicial review; appeal to Supreme Court of Appeals; legal representation for Racing Commission.

§19-23-18. Horse and dog racetrack construction permits; application therefor.

§19-23-19. Tentative approval of application for construction permit; denial of application; publication of notice.

§19-23-20. Petition for local option election.

§19-23-21. Local option election procedure; form of ballots or ballot labels.

§19-23-22. Issuance or nonissuance of construction permit; duration of construction permit; transfer and assignment of construction permit.

§19-23-23. Further elections restricted.

§19-23-24. §§19-23-18 to 19-23-23 inapplicable to horse racetracks already constructed and established.

§19-23-25. Application to enjoin violations.

§19-23-26. Offenses and penalties.

§19-23-27. Repealer.

§19-23-28. Effect of article on existing rules and regulations, licenses and permits.

§19-23-29. Severability.

§19-23-30. Continuation of the Racing Commission.

CHAPTER 19, ARTICLE 24. INTERSTATE COMPACT ON LICENSURE OF PARTICIPANTS IN LIVE HORSE RACING WITH PARI-MUTUEL WAGERING.

§19-24-1. Interstate compact on licensure of participants in live racing with pari-mutuel wagering; form of compact.

§19-24-2. Compact committee members.

§19-24-2a. Reimbursement for compact committee official member.

§19-24-3. Cooperation of departments, agencies and officers.

§19-24-4. Racing commission powers preserved.

CHAPTER 19, ARTICLE 25. LIMITING LIABILITY OF LANDOWNERS.

§19-25-1. Purpose.

§19-25-2. Limiting duty of landowner generally.

§19-25-3. Limiting duty of landowner who grants a lease, easement or license of land to federal, state, county or municipal government or any agency thereof.

§19-25-4. Application of article.

§19-25-5. Definitions.

§19-25-6. Limiting duty of landowner for use of land for military, law-enforcement or homeland-security purposes.

§19-25-7 Repealed. Acts, 2016 Reg. Sess., Ch. 38

CHAPTER 19, ARTICLE 26. GENERAL JOHN MCCAUSLAND MEMORIAL FARM.

§19-26-1. Establishment; name; management.

§19-26-2. Special fund created; payment into fund; disbursement from fund.

CHAPTER 19, ARTICLE 27. WEST VIRGINIA STATE FARM MUSEUM.

§19-27-1. West Virginia State Farm Museum; ex officio members of the board of directors; rules and regulations.

§19-27-1a. West Virginia State Farm Museum; ex officio members of the board of directors; rules.

CHAPTER 19, ARTICLE 28. VITAMIN AND MINERAL ENRICHMENT OF FLOUR AND BREAD.

§19-28-1. Definitions.

§19-28-2. Vitamin and mineral requirements for flour; exceptions as to flour sold to distributors, bakers or other processors.

§19-28-3. Vitamin and mineral requirements for white bread or rolls.

§19-28-4. Enforcement of article; authority and duties of commissioner.

§19-28-5. Penalties for violation of article; inconsistent acts repealed; provisions severable.

CHAPTER 19, ARTICLE 29. PRODUCTION OF NONTRADITIONAL AGRICULTURE PRODUCTS.

§19-29-1. Nontraditional agriculture; authority.

§19-29-2. Definitions.

§19-29-3. Health requirements.

§19-29-4. Inspection of animals, meat and meat products.

§19-29-5. Owners' responsibilities.

§19-29-6. Waste disposal from an aquaculture facility.

CHAPTER 19, ARTICLE 30. DONATED FOOD.

§19-30-1. Purpose.

§19-30-2. Administration of donated food program transferred from Department of Health to Department of Agriculture.

§19-30-3. Special revenue account created for donated food program.

§19-30-4. Donation of food items; exemption from civil and criminal liability.

§19-30-5. Definitions.

§19-30-6. Authorization of donations; diversion of products by directors to organizations.

§19-30-7. Surplus food collection and distribution centers.

§19-30-8. Minimum standards for food banks.

§19-30-9. State surplus buildings and equipment; availability to donated food banks.

§19-30-10. Effect of article on other nonprofit organizations.

§19-30-11. Application of article to food stamp act.

§19-30-12. Donated food bank assistance fund; restriction.

CHAPTER 19, ARTICLE 31. GUS R. DOUGLASS AGRICULTURAL CENTER AT GUTHRIE.

§19-31-1. Establishing the name.

CHAPTER 19, ARTICLE 32. AQUACULTURE DEVELOPMENT.

§19-32-1. Legislative findings and purpose.

§19-32-2. Short title.

§19-32-3. Definitions.

§19-32-4. Lead agency; powers and duties.

§19-32-5. Advisory board.

CHAPTER 19, ARTICLE 33. EQUINE RESCUE FACILITIES ACT.

§19-33-1. Definitions.

§19-33-2. Licensing of equine rescue facilities.

§19-33-3. Inspections of equine rescue facilities.

§19-33-4. Legislative rules.

§19-33-5. Penalties.

CHAPTER 19, ARTICLE 34. DANGEROUS WILD ANIMALS ACT.

§19-34-1. Findings and purpose.

§19-34-2. Definitions.

§19-34-3. Rule-making authority.

§19-34-4. Prohibition on the possession of a dangerous wild animal; exceptions.

§19-34-5. Dangerous Wild Animal Board; composition; duties.

§19-34-6. Permit applications, requirements, issuance and revocation.

§19-34-7. Confiscation and disposition of animals; suspension and revocation of permits.

§19-34-8. Exemptions.

§19-34-9. Criminal and civil penalties.

CHAPTER 19, ARTICLE 35. FARMERS MARKETS.

§19-35-1. Legislative findings and purpose.

§19-35-2. Definitions.

§19-35-3. Farmers markets.

§19-35-3a. Farmers Market Vendor Permits.

§19-35-3b. Role of local health departments in farmers markets.

§19-35-4. Legislative rules.

§19-35-5. Potentially hazardous foods.

§19-35-6. Nonpotentially hazardous foods.

CHAPTER 19, ARTICLE 36. AGRITOURISM RESPONSIBILITY ACT.

§19-36-1. Legislative purposes; authority.

§19-36-2. Definitions.

§19-36-3. Duties of agritourism businesses and participants.

§19-36-4. Liability of agritourism businesses.

§19-36-5. Maintenance of property status for certain purposes; exceptions.

§19-36-6. West Virginia Agritourism Commission created; composition; appointment; terms in office; compensation and expenses; powers and duties.

CHAPTER 19, ARTICLE 37. WEST VIRGINIA FRESH FOOD ACT.

§19-37-1. Legislative findings and purpose.

§19-37-2. State-funded institutions to purchase food from in-state sources; exception.

§19-37-3. Rule-making authority and enforcement.

CHAPTER 19, ARTICLE 38. AGRICULTURE INVESTMENT PROGRAM.

§19-38-1. Legislative findings and purpose.

§19-38-2. Definitions.

§19-38-3. Agriculture Investment Fund created.

§19-38-4. West Virginia Agriculture Investment Program.

§19-38-5. Legislative rules.

CHAPTER 19, ARTICLE 39. TRUTH IN FOOD PRODUCT LABELING ACT.

§19-39-1. Definitions.

§19-39-2. Misbranded food.

§19-39-3. Rulemaking; duplication or conflict with federal law.

CHAPTER 20. NATURAL RESOURCES.

CHAPTER 20, ARTICLE 1. ORGANIZATION AND ADMINISTRATION.

§20-1-1. Purposes and objects of chapter; how chapter cited.

§20-1-2. Definitions.

§20-1-3. Division of natural resources, office of director and commission established.

§20-1-4. Director to be chief executive officer; appointment, term and qualifications; vacancy; removal.

§20-1-5. Salary, expenses, oath and bond of director.

§20-1-6. Offices and office hours.

§20-1-7. Additional powers, duties and services of director.

§20-1-8. Personnel management.

§20-1-9. Fiscal management.

§20-1-10. Property management.

§20-1-10a. Authority to convey land to county board of education for educational purposes.

§20-1-11. Public relations.

§20-1-12. Surveys and planning.

§20-1-13. Law enforcement and legal services.

§20-1-14. Sections within division.

§20-1-15. Repealed. Acts, 1989 Reg. Sess., Ch. 135.

§20-1-16. Natural Resources Commission - generally.

§20-1-17. Natural Resources Commission -- Organization and services.

§20-1-18. Government cooperation; projects; finances; properties.

§20-1-18a. Cooperation with federal government in wildlife restoration and management.

§20-1-18b. Cooperation with federal government in fish restoration and management.

§20-1-18c. Cooperation with federal government in management of federal lands within the state.

§20-1-18d. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§20-1-19. West Virginia state parks and state forests.

§20-1-20. Limitations on state parks and state forests; exceptions.

§20-1-21. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§20-1-22. Authorizing the director to lease and develop pore spaces.

CHAPTER 20, ARTICLE 1A. REAL ESTATE MANAGEMENT AND PROCEDURES.

§20-1A-1. Repealed. Acts, 2007 Reg. Sess., Ch. 214.

§20-1A-2. Repealed. Acts, 2007 Reg. Sess., Ch. 214.

§20-1A-3. Repealed. Acts, 2007 Reg. Sess., Ch. 214.

§20-1A-4. Repealed. Acts, 2007 Reg. Sess., Ch. 214.

§20-1A-5. Repealed. Acts, 2007 Reg. Sess., Ch. 214.

§20-1A-6. Repealed. Acts, 2007 Reg. Sess., Ch. 214.

§20-1A-7. Adopt a state park or forest program.

§20-1A-8. Repealed. Acts, 2007 Reg. Sess., Ch. 214.

§20-1A-9. Repealed. Acts, 2007 Reg. Sess., Ch. 214.

CHAPTER 20, ARTICLE 2. WILDLIFE RESOURCES.

§20-2-1. Declaration of policy.

§20-2-1a. Wildlife resources division; organization and administration.

§20-2-2. Violations of article.

§20-2-2a. Interference with hunters, trappers and fishermen.

§20-2-3. State ownership of wildlife.

§20-2-4. Possession of wildlife.

§20-2-5. Unlawful methods of hunting and fishing and other unlawful acts; Sunday hunting.

§20-2-5a. Forfeiture by person causing injury or death of game or protected species of animal; additional replacement costs for antlered deer; forfeiture procedures and costs.

§20-2-5b. Exceeding creel limit on trout; other violations of code or rules and regulations for trout fishing; penalties.

§20-2-5c. Protection of bald eagles and golden eagles; unlawful acts; criminal penalties; forfeitures; license revocation.

§20-2-5d. Use of chemicals, biological compounds or devices on free roaming wildlife populations for fertility control.

§20-2-5e. Assessment fee for decoy animals.

§20-2-5f. Nonresident dog training for coon hunting; training season.

§20-2-5g. Use of a crossbow to hunt.

§20-2-5h. Elk management area; elk damage fund; criminal penalties; rule-making.

§20-2-5i. Waste of game animals, game birds, or game fish; penalties.

§20-2-5j. Leashed dogs for tracking mortally wounded deer, elk, turkey, wild boar, or bear.

§20-2-5k. Use of air rifles to hunt.

§20-2-5l. Use of certain rifles to hunt in muzzleloader season.

§20-2-6. Carrying gun on landowner's land.

§20-2-6a Repealed. Acts, 2016 Reg. Sess., Ch. 252

§20-2-7. Hunting, trapping or fishing on lands of another; damages and restitution.

§20-2-8. Posting unenclosed lands; hunting, etc., on posted land.

§20-2-9. Unlawful posting of lands.

§20-2-10. Destruction, etc., of signs posted under chapter.

§20-2-11. Sale of wildlife; transportation of same.

§20-2-12. Transportation of wildlife out of state; penalties.

§20-2-13. Importation of wildlife; certification and inspection of imported wildlife.

§20-2-14. Propagation of wildlife for commercial purposes.

§20-2-15. Permit to kill deer or other wildlife causing damage to cultivated crops, trees, commercial nurseries, homeowners' shrubbery and vegetable gardens; weapon restrictions.

§20-2-16. Dogs chasing deer.

§20-2-17. Hunting fur-bearing animals; possession of fur; disturbing traps of another.

§20-2-18. Number and types of traps.

§20-2-19. Marking of traps.

§20-2-19A Repealed Acts, 2017 Reg. Sess., Ch. 163

§20-2-20. Trapping beaver.

§20-2-21. Reporting beaver and otter pelts taken and tagged.

§20-2-22. Tagging, removing, transporting and reporting bear, deer, wild boar and wild turkey.

§20-2-22a. Hunting, tagging and reporting bear; procedures applicable to property destruction by bear; penalties.

§20-2-23. Outfitters and guides -- Generally; definitions.

§20-2-23a. Whitewater commission; powers and duties of commission and Division of Natural Resources; allocations; civil and criminal penalties for violations.

§20-2-23b. Whitewater study and improvement fund.

§20-2-23c. Voluntary contributions to whitewater advertising and promotion fund.

§20-2-23d. Bond; revocation of license; licensing carrying requirement; criminal penalties.

§20-2-23e. Implementation of allocation methodology.

§20-2-23f. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§20-2-24. Outfitters and guides -- Qualifications.

§20-2-25. Same -- License applications; national forest requirements.

§20-2-26. Same -- License fee; bond; revocation of license; penalties.

§20-2-27. Necessity for license.

§20-2-28. When licenses or permits not required.

§20-2-29. Conservation of species and request for public records.

§20-2-30. Application and statement of eligibility for licenses or permits; procuring license or permit in violation of chapter.

§20-2-30a. Certificate of training; falsifying, altering, forging, counterfeiting or uttering training certificate; penalties.

§20-2-31. Size and form of license and tag; contents; unlawful to alter licenses or permits; penalty.

§20-2-32. Issuance of licenses; duplicate licenses.

§20-2-33. Authority of director to designate agents to issue licenses; bonds; fees.

§20-2-33a. Electronic application to apprise applicant of hunters helping the hungry program; check-off donations; special fund continued; authorized expenditures.

§20-2-33b. Electronic application donation to fund the Coyote Management Program.

§20-2-33c. Electronic application donation to West Virginia University Rifle Team; special fund created; authorized disbursements.

§20-2-34. Disposition of license fees and donations; reports of agents; special funds and uses.

§20-2-35. Period during which license valid.

§20-2-36. When license, related documents, and picture identification to be carried; using license of another; transferring license to another.

§20-2-36a. Hunting or fishing when license revoked; penalty.

§20-2-37. Display of license, etc., by persons in possession of hunting, fishing, etc., paraphernalia.

§20-2-38. Refusal or revocation of license or permit.

§20-2-38a. Suspension of license or permit for failure to pay fines or penalties imposed by magistrate court.

§20-2-39. Repealed. Acts, 2005 Reg. Sess., Ch. 130.

§20-2-40. Repealed. Acts, 2005 Reg. Sess., Ch. 130.

§20-2-40a. Repealed. Acts, 2001 Reg. Sess., Ch. 216.

§20-2-40b. Repealed. Acts, 2005 Reg. Sess., Ch. 130.

§20-2-41. Repealed. Acts, 2005 Reg. Sess., Ch. 130.

§20-2-42. Effective date and indexing of license and stamp fees.

§20-2-42a. Class A resident hunting and trapping license.

§20-2-42b. Class B resident fishing license.

§20-2-42c. Class C courtesy statewide hunting and fishing license.

§20-2-42d. Class E nonresident hunting and trapping license.

§20-2-42e. Class EE nonresident bear hunting license.

§20-2-42f. Class F nonresident fishing license.

§20-2-42g. Class H nonresident small game hunting license.

§20-2-42h. Class J nonresident small game shooting preserve license.

§20-2-42i. Class LL nonresident one-day fishing license.

§20-2-42j. Class X resident hunting, fishing and trapping license.

§20-2-42k. Class XJ resident junior and Class XXJ nonresident junior hunting, fishing and trapping license.

§20-2-42l. Class A-l small arms hunting stamp.

§20-2-42m. Class I nonresident national forest hunting, trapping and fishing stamp.

§20-2-42n. Class N resident and Class NN nonresident antlerless deer hunting stamp.

§20-2-42o. Class O resident and Class OO nonresident trout fishing stamp.

§20-2-42p. Class RG resident and Class RRG nonresident gun deer hunting stamp for an additional deer.

§20-2-42q. Class RB resident and Class RRB nonresident archery deer hunting stamp for an additional deer.

§20-2-42r. Class RM resident and Class RRM nonresident muzzle-loader deer hunting stamp for an additional deer.

§20-2-42s. Class UU nonresident archery deer hunting stamp.

§20-2-42t. Class VV nonresident muzzle-loading deer hunting stamp.

§20-2-42u. Class WW nonresident turkey hunting stamp.

§20-2-42v. Class BG resident big game stamp.

§20-2-42w. Class Y special crossbow hunting permit for certain disabled persons.

§20-2-42x. Class XS resident senior hunting, fishing and trapping license.

§20-2-42y. Class AH, AHJ, AAH, AAHJ apprentice hunting and trapping licenses; penalties.

§20-2-42z. Class L resident five-day fishing license.

§20-2-43. Repealed. Acts, 2005 Reg. Sess., Ch. 130.

§20-2-44. Free fishing days.

§20-2-44a. Repealed. Acts, 2005 Reg. Sess., Ch. 130.

§20-2-44b. Bear damage stamp; proceeds to be paid into bear damage fund; purposes, etc.

§20-2-45. Repealed. Acts, 2005 Reg. Sess., Ch. 130.

§20-2-46. Repealed. Acts, 1983 Reg. Sess., Ch. 111.

§20-2-46a. Repealed. Acts, 1999 Reg. Sess., Ch. 51.

§20-2-46b. Repealed. Acts, 2005 Reg. Sess., Ch. 130.

§20-2-46c. Repealed. Acts, 2005 Reg. Sess., Ch. 130.

§20-2-46d. Repealed. Acts, 2005 Reg. Sess., Ch. 130.

§20-2-46e. Class Q special hunting permit for disabled persons.

§20-2-46f. Class DT special hunting and fishing license for persons with a life-threatening condition.

§20-2-46g. Repealed. Acts, 2005 Reg. Sess., Ch. 130.

§20-2-46h. Repealed. Acts, 2002 Reg. Sess., Ch. 228.

§20-2-46i. Repealed. Acts, 2005 Reg. Sess., Ch. 130.

§20-2-46j. Repealed. Acts, 2005 Reg. Sess., Ch. 130.

§20-2-46k. Repealed. Acts, 2005 Reg. Sess., Ch. 130.

§20-2-46l. Repealed. Acts, 2005 Reg. Sess., Ch. 130.

§20-2-46m. Repealed. Acts, 2005 Reg. Sess., Ch. 130.

§20-2-47. License for private game farm for propagating animals and birds for commercial purposes.

§20-2-48. License for private plant or pond for propagating fish, frogs, turtles and other forms of aquatic life for commercial purposes.

§20-2-49. Licenses for dealers in furs, pelts, etc.

§20-2-50. Permit to hunt, kill, etc., wildlife for scientific or propagation purposes.

§20-2-50a. Wildlife damage control agents; licensing.

§20-2-51. Permit for keeping pets.

§20-2-52. Permits for roadside menageries.

§20-2-53. License for privately owned commercial fishing preserve.

§20-2-54. License for privately-owned commercial shooting preserves.

§20-2-55. License to catch and sell minnows or other bait fish.

§20-2-56. Permit to hold a field trial, shoot-to-retrieve field trial, water race or wild hunt; license exemption.

§20-2-56a. Bird dog training permit.

§20-2-57. Negligent shooting, wounding or killing of livestock while hunting; criminal violations; penalty.

§20-2-57a. Negligent shooting, wounding or killing of another person while hunting; duty to render aid; criminal violations; suspension of hunting and fishing license; criminal penalties; administrative penalties.

§20-2-57b. Prohibition against hunting while intoxicated; offense of hunting while intoxicated, creating offense of shooting another person when hunting while intoxicated; creating misdemeanor and, felony offenses for the same; defining suspension of hunting and fishing license; criminal penalties; administrative penalties.

§20-2-58. Shooting across road or near building or crowd; penalty.

§20-2-59. License to take fish and mussels for commercial purposes in certain waters.

§20-2-60. Required attire for deer hunters; exemption; penalty.

§20-2-61. Repealed. Reserved for future use.

§20-2-62. Persons exempt from obtaining hunting and fishing licenses; qualification.

§20-2-63. Repealed. Acts, 2005 Reg. Sess., Ch. 130.

§20-2-64. Regulating release of fish, water animal and other aquatic organisms; stocking permit.

CHAPTER 20, ARTICLE 2A. VOLUNTARY WILDLIFE CHECK-OFF PROGRAM.

§20-2A-1. Legislative intent.

§20-2A-2. Voluntary check-off designation.

§20-2A-3. Contributions credited to special fund.

§20-2A-4. Use of funds.

§20-2A-5. Effective date.

CHAPTER 20, ARTICLE 2B. WILDLIFE ENDOWMENT FUND.

§20-2B-1. Purpose.

§20-2B-2. Board created; composition.

§20-2B-2a. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§20-2B-3. Source of fund assets.

§20-2B-4. Status of fund; expenditures from the fund.

§20-2B-5. Accumulation of investment income; how expenditures made; fund exclusive of other receipts and

§20-2B-6. Expenditure of funds for specific and general purposes.

§20-2B-7. Lifetime hunting, fishing, and trapping licenses created.

§20-2B-8. Privileges of lifetime licensees.

§20-2B-9. Class CS resident conservation stamp; purposes, etc.

§20-2B-10. Class CS/LE nonresident conservation law-enforcement and sports education stamp.

CHAPTER 20, ARTICLE 2C. INTERSTATE WILDLIFE VIOLATOR COMPACT.

§20-2C-1. Governor's authority to execute.

§20-2C-2. When and how compact becomes operative.

§20-2C-3. Compensation and expenses of compact administrator.

CHAPTER 20, ARTICLE 3. FORESTS AND WILDLIFE AREAS.

§20-3-1. Repealed. Acts, 1994 Reg. Sess., Ch. 119.

§20-3-2. Acquisition of suitable lands by director; maintenance thereof as state forests or wildlife areas; relinquishment of construction and maintenance of roads to the commissioner of highways.

§20-3-3. Establishment of wildlife areas; leasing lands therefor.

§20-3-3a. Cabwaylingo State Forest Trail System.

§20-3-4. Authority and duties of director of the division of forestry and others as to forest fires; expenditures for forest fire control; limited liability of certain persons fighting forest fires.

§20-3-5. Forest fire seasons; prohibited and permissible fires; burning permits and fees; fire control measures; criminal and civil penalties.

§20-3-5a. Prescribed Fire Program.

§20-3-6. Failure of person to extinguish fire started or used by him or her; throwing lighted material on forest land; enforcement by State Fire Marshal; penalties.

§20-3-7. Starting fire on lands of another; penalties.

§20-3-8. Duty of railroad company to protect against fires.

§20-3-9. Right of railroad company to clear land adjacent to right-of-way.

§20-3-10. Spark arresters for sawmills, etc.; risk and hazard reduction to protect against fires; underground coal fires.

§20-3-11. Recovery of costs incurred in fighting fires; landowners responsibility to extinguish fires.

§20-3-12. Timberland and forest land defined.

§20-3-13. Director authorized to secure federal cooperation; annual appropriation.

§20-3-14. Financial assistance from owners of forest lands; expenditures by director.

§20-3-15. Owner not relieved from civil liability for damage from fire.

§20-3-16. Prima facie evidence of negligence in certain actions for injury due to fires.

§20-3-17. Disposition of proceeds of national forests.

§20-3-17a. Same -- Counties embracing Spruce Knob-Seneca Rocks national recreation area.

§20-3-18. Disposition of flood control, navigation and allied funds from the federal government.

§20-3-19. Protection of forests against destructive insects and diseases; purposes and intent of section.

§20-3-20. Governor's authority to execute

§20-3-21. When and how compact becomes operative.

§20-3-22. Compact administration; advisory committee.

§20-3-23. Compact committee powers and duties; cooperation therewith.

§20-3-24. Other powers of state forester supplementary.

§20-3-25. Governor's authority to execute.

§20-3-26. When and how compact becomes operative.

§20-3-27. Compact administration.

§20-3-28. Compact committee powers and duties; cooperation therewith.

§20-3-29. Other powers supplementary.

CHAPTER 20, ARTICLE 3A. SKIING RESPONSIBILITY ACT.

§20-3A-1. Legislative purpose.

§20-3A-2. Definitions.

§20-3A-3. Duties of ski area operators with respect to ski areas.

§20-3A-4. Responsibilities of passengers.

§20-3A-5. Duties of skiers.

§20-3A-6. Liability of ski area operators.

§20-3A-7. Liability of passengers.

§20-3A-8. Liability of skiers.

§20-3A-9. Competition.

CHAPTER 20, ARTICLE 3B. WHITEWATER RESPONSIBILITY ACT.

§20-3B-1. Legislative purposes.

§20-3B-2. Definitions.

§20-3B-3. Duties of commercial whitewater outfitters and commercial whitewater guides.

§20-3B-4. Duties of participants.

§20-3B-5. Liability of commercial whitewater outfitters and commercial whitewater guides.

CHAPTER 20, ARTICLE 4. EQUESTRIAN ACTIVITIES RESPONSIBILITY ACT.

§20-4-1. Legislative purpose.

§20-4-2. Definitions.

§20-4-3. Duties of horsemen.

§20-4-4. Duties of participants.

§20-4-5. Liability of horsemen.

§20-4-6. Liability of participants.

§20-4-7. Applicability of article.

CHAPTER 20, ARTICLE 4A. SKIN AND SCUBA DIVING.

§20-4A-1. Waters where diving is permitted; exceptions.

§20-4A-2. "Diver down" flag required; flag specifications.

§20-4A-3. Penalties.

CHAPTER 20, ARTICLE 5. PARKS AND RECREATION.

§20-5-1. Section of parks and recreation; chief of section; existing obligation; appropriations.

§20-5-2. Powers of the director with respect to the section of parks and recreation.

§20-5-3. Section of Parks and Recreation; purpose; powers and duties generally.

§20-5-4. Definitions; state parks and recreation system.

§20-5-5. Authority of director to issue park development revenue bonds; grants and gifts.

§20-5-6. Tax exemption.

§20-5-7. Investment in notes, bonds and security interests.

§20-5-8. Disclaimer of any liability of state of West Virginia.

§20-5-9. Trustee for holders of park development revenue bonds.

§20-5-10. Proceeds of park development revenue bonds, grants and gifts.

§20-5-11. Authority of director to pledge revenue from recreational facilities as security.

§20-5-12. Management and control of project.

§20-5-13. Provisions of Constitution and law observed; what approval required.

§20-5-14. Restaurants and other facilities.

§20-5-15. Authority to enter into certain operational contracts; terms and conditions; necessity for legislative notice and public hearing before certain facilities are placed under contract.

§20-5-16. Authority to enter into contracts with third parties to construct recreational facilities and cabins; public comment.

§20-5-17. Correlation of projects and services.

§20-5-18. Discounts for West Virginia residents over the age of sixty-two.

§20-5-19. Discounts for West Virginia residents who are totally and permanently disabled.

§20-5-20. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§20-5-21. Legislative findings relating to the historical town of Cass; powers of the director to preserve the integrity of the town and to promulgate rules therefor.

§20-5-22. Powers and duties of the director relating to oil and gas access roads on state forests.

§20-5-23. Establishment of Adopt-A-Trail program for paths and trails.

§20-5-24. Development of comprehensive incentive plan for West Virginia veterans.

CHAPTER 20, ARTICLE 5A. STATE PARKS AND RECREATION ENDOWMENT FUND.

§20-5A-1. Establishment of fund; deposits; expenditures; investments; use of fund for the State Parks Enhancement Loan Insurance Program.

§20-5A-2. Board of trustees.

§20-5A-3. State Parks Enhancement Loan Insurance Program.

CHAPTER 20, ARTICLE 5B. NATURAL STREAMS PRESERVATION ACT.

§20-5B-1. Repealed. Acts, 1994 Reg. Sess., Ch. 61.

CHAPTER 20, ARTICLE 5C. WEST VIRGINIA WATER DEVELOPMENT AUTHORITY.

§20-5C-1. Repealed. Acts, 1994 Reg. Sess., Ch. 61.

CHAPTER 20, ARTICLE 5D. DAM CONTROL ACT.

§20-5D-1. Repealed. Acts, 1994 Reg. Sess., Ch. 61.

CHAPTER 20, ARTICLE 5E. HAZARDOUS WASTE MANAGEMENT ACT.

§20-5E-1. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5E-2. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5E-3. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5E-4. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5E-5. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5E-6. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5E-7. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5E-8. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5E-9. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5E-10. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5E-11. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5E-12. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5E-13. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5E-14. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5E-15. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5E-16. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5E-17. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5E-18. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5E-19. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5E-20. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5E-21. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5E-22. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5E-23. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5E-24. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5E-25. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

CHAPTER 20, ARTICLE 5F. SOLID WASTE MANAGEMENT ACT.

§20-5F-1. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5F-2. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5F-3. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5F-4. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5F-5. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5F-6. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5F-7. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5F-8. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5F-9. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5F-10. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5F-11. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5F-12. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

CHAPTER 20, ARTICLE 5G. HAZARDOUS WASTE EMERGENCY RESPONSE FUND.

§20-5G-1. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5G-2. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5G-3. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5G-4. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5G-5. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§20-5G-6. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

CHAPTER 20, ARTICLE 5H. WEST VIRGINIA UNDERGROUND STORAGE TANK ACT.

§20-5H-1. Repealed. Acts, 1994 Reg. Sess., Ch. 61.

CHAPTER 20, ARTICLE 5I. WATER POLLUTION CONTROL REVOLVING FUND ACT.

§20-5I-1. Repealed. Acts, 1994 Reg. Sess., Ch. 61.

CHAPTER 20, ARTICLE 5J. MEDICAL WASTE ACT.

§20-5J-1. Short title.

§20-5J-2. Legislative findings and purpose.

§20-5J-3. Definitions.

§20-5J-4. Commercial infectious medical waste facility prohibited.

§20-5J-5. Designation of Secretary of the Department of Health as the state infectious medical waste management primary agency; prohibitions; requiring permits.

§20-5J-6. Powers of secretary; authority to promulgate rules.

§20-5J-7. Inspections; right of entry; sampling; reports and analyses; subpoenas.

§20-5J-8. Enforcement orders; hearings.

§20-5J-9. Civil actions and injunctive relief.

§20-5J-10. Regulation of infectious medical waste collectors and haulers by the Public Service Commission; limitation of regulation.

CHAPTER 20, ARTICLE 5K. COMMERCIAL INFECTIOUS MEDICAL WASTE FACILITY SITING APPROVAL.

§20-5K-1. Legislative purpose.

§20-5K-2. Definitions.

§20-5K-3. Procedure for public participation.

CHAPTER 20, ARTICLE 5L [RESERVED FOR FUTURE USE.]

CHAPTER 20, ARTICLE 5M. WEST VIRGINIA GROUNDWATER PROTECTION ACT.

§20-5M-1. Repealed. Acts, 1994 Reg. Sess., Ch. 61.

CHAPTER 20, ARTICLE 5N. SOLID WASTE LANDFILL CLOSURE ASSISTANCE PROGRAM.

§20-5N-1. Repealed. Acts, 1994 Reg. Sess., Ch. 61.

CHAPTER 20, ARTICLE 6. WEST VIRGINIA SURFACE COAL MINING AND RECLAMATION ACT.

§20-6-1. Repealed. Acts, 1985 Reg. Sess., Ch. 77.

CHAPTER 20, ARTICLE 6A. LIMITATIONS ON SURFACE MINING.

§20-6A-1. Repealed. Acts, 1994 Reg. Sess., Ch. 61.

CHAPTER 20, ARTICLE 6B. INTERSTATE MINING COMPACT.

§20-6B-1. Repealed. Acts, 1986 Reg. Sess., Ch. 153.

CHAPTER 20, ARTICLE 6C. ABANDONED MINE RECLAMATION ACT.

§20-6C-1. Repealed. Acts, 1985 Reg. Sess., Ch. 77.

CHAPTER 20, ARTICLE 6D. SURFACE MINING AND RECLAMATION OF MINERALS OTHER THAN COAL (REPEALED).

§20-6D-1. Repealed. Acts, 1985 Reg. Sess., Ch. 77.

CHAPTER 20, ARTICLE 7. LAW ENFORCEMENT, MOTORBOATING, LITTER.

§20-7-1. Chief natural resources police officer; natural resources police officers; special and emergency natural resources police officers; subsistence allowance; expenses.

§20-7-1a. Natural resources police officer salary increase based on length of service.

§20-7-1b. Designation of certain federal law-enforcement officers as special natural resources police officers.

§20-7-1c. Natural resources police officer, ranks, salary schedule, base pay, exceptions.

§20-7-1d. Awarding service weapon upon retirement; disposal of service weapon when replaced due to routine wear; and furnishing uniform for burial.

§20-7-1e. Natural resources police officers failure to perform duties; penalty; providing extraordinary law enforcement or security services by contract.

§20-7-1f. Awarding service weapon to special natural resources police officers upon retirement; disposal of service weapon when replaced due to routine wear; furnishing uniform for burial.

§20-7-2. Qualifications of natural resources police officers; right of retired officer to receive complete standard uniform; right of retired officer to acquire uniform; and right of retired officer to acquire badge.

§20-7-3. Powers and duties of other law officers.

§20-7-4. Powers and duties of natural resources police officers.

§20-7-4a. Arrest procedure.

§20-7-4b. Record of cases.

§20-7-5. Enforcement of chapter.

§20-7-6. Prosecutions under chapter; attorney services; costs.

§20-7-7. Conspiracy to violate chapter; withholding information; obstructing officers.

§20-7-8. Seizure and disposition of property used for illegal purpose.

§20-7-9. Violations of chapter generally; penalties.

§20-7-10. Justice of peace jurisdiction under chapter.

§20-7-11. Motorboats and other terms defined.

§20-7-12. Motorboat identification numbers required; application for numbers; fee; displaying; reciprocity; change of ownership; conformity with United States regulations; records; renewal of certificate; transfer of interest, abandonment, etc.; change of address; unauthorized numbers; information to be furnished assessors.

§20-7-12a. Payment of personal property taxes prerequisite to application for certificate or renewal of number; duties of assessors; schedule of motorboat values.

§20-7-12b. Boating safety education certificate.

§20-7-13. Motorboat classification; required lights and equipment; rules and regulations; pilot rules.

§20-7-14. Motorboats exempt from numbering.

§20-7-15. Dealers' and manufacturers' certificate of number; applications and fees.

§20-7-16. Boat liveries.

§20-7-17. Motorboat muffling.

§20-7-18. Care in handling watercraft; duty to render aid after a collision, accident, or casualty; accident reports.

§20-7-18a. Negligent homicide; penalties.

§20-7-18b. Operating under influence of alcohol, controlled substances or drugs; penalties.

§20-7-18c. Implied consent to test; administration at direction of law-enforcement officer.

§20-7-18d. Operation of personal watercrafts.

§20-7-19. Water skiing and surfboarding.

§20-7-19a. Towing water skiers and towables.

§20-7-20. Regattas, races and exhibitions; applications and permits.

§20-7-20a. Personal watercraft operation and towing exemptions.

§20-7-21. Responsibility of owner, etc., for incapable operators of motorboats.

§20-7-22. General rules and regulations for motorboating; special rules.

§20-7-22a. Agency rule making for personal watercrafts.

§20-7-23. Local rules.

§20-7-24. Repealed. Acts, 2005 Reg. Sess., Ch. 199.

§20-7-25. Repealed. Acts, 2005 Reg. Sess., Ch. 199.

§20-7-26. Repealed. Acts, 2005 Reg. Sess., Ch. 199.

§20-7-27. Repealed. Acts, 2005 Reg. Sess., Ch. 199.

§20-7-28. Repealed. Acts, 2001 Reg. Sess., Ch. 193.

§20-7-29. Repealed. Acts, 2005 Reg. Sess., Ch. 199.

CHAPTER 20, ARTICLE 7A. CAVE PROTECTION.

§20-7A-1. Definitions.

§20-7A-2. Vandalism; penalties.

§20-7A-3. Sale of speleothems unlawful; penalties.

§20-7A-4. Biological policy; penalties for violation.

§20-7A-5. Archaeology; permits for excavation; how obtained; prohibitions; penalties.

§20-7A-6. Liability of owners and agents.

CHAPTER 20, ARTICLE 8. GENERAL AND MISCELLANEOUS PROVISIONS.

§20-8-1. Transition in terms; continuity.

§20-8-2. Transfer of records, appropriations, facilities and other properties and assets.

§20-8-3. Construction of chapter; severability.

§20-8-4. Effective date.

CHAPTER 20, ARTICLE 9. BOAT DOCK AND MARINA SAFETY REQUIREMENTS -- THE MICHAEL CUNNINGHAM ACT.

§20-9-1. Definitions.

§20-9-2. Boat Dock and Marina Safety Requirements - Swimming and Signage.

§20-9-3. Boat dock and marina safety requirements-electrical shock and electrocution.

§20-9-4. Compliance date and enforcement.

§20-9-5. Rule-making Authority.

§20-9-6. Penalties.

CHAPTER 20, ARTICLE 10. COMMERCIAL HAZARDOUS WASTE MANAGEMENT FACILITY SITING BOARD.

§20-10-1. Repealed. Acts, 1994 Reg. Sess., Ch. 61.

CHAPTER 20, ARTICLE 10A. HAZARDOUS WASTE FACILITY SITING APPROVAL.

§20-10A-1. Repealed. Acts, 1994 Reg. Sess., Ch. 61.

CHAPTER 20, ARTICLE 11. WEST VIRGINIA RECYCLING PROGRAM.

§20-11-1. Repealed. Acts, 2005 Reg. Sess., Ch. 199.

§20-11-2. Repealed. Acts, 2005 Reg. Sess., Ch. 199.

§20-11-3. Repealed. Acts, 2005 Reg. Sess., Ch. 199.

§20-11-4. Repealed. Acts, 2005 Reg. Sess., Ch. 199.

§20-11-5. Repealed. Acts, 2005 Reg. Sess., Ch. 199.

§20-11-5a. Repealed. Acts, 2005 3rd Ex. Sess., Ch. 9.

§20-11-5b. Repealed. Acts, 2000 Reg. Sess., Ch. 129.

§20-11-6. Repealed. Acts, 2005 Reg. Sess., Ch. 199.

§20-11-7. Repealed. Acts, 2005 Reg. Sess., Ch. 199.

§20-11-8. Repealed. Acts, 2005 Reg. Sess., Ch. 199.

§20-11-9. Repealed. Acts, 2005 Reg. Sess., Ch. 199.

§20-11-10. Repealed. Acts, 2005 Reg. Sess., Ch. 199.

§20-11-11. Repealed. Acts, 2005 Reg. Sess., Ch. 199.

§20-11-12. Repealed. Acts, 2005 Reg. Sess., Ch. 199.

CHAPTER 20, ARTICLE 12. CONSERVATION AND PRESERVATION EASEMENTS.

§20-12-1. Short title.

§20-12-2. Purpose of article.

§20-12-3. Definitions.

§20-12-4. Creation, transfer and duration.

§20-12-5. Judicial and related actions.

§20-12-6. Validity.

§20-12-7. Applicability.

§20-12-8. Uniformity of application and construction.

CHAPTER 20, ARTICLE 13. WEST VIRGINIA STREAM PARTNERS PROGRAM.

§20-13-1. Short title.

§20-13-2. Legislative findings and purpose.

§20-13-3. West Virginia Stream Partners Program created; executive committee identified; program coordination.

§20-13-4. Stream Partners Program.

§20-13-5. Grant qualifications.

§20-13-6. Administering agency support.

CHAPTER 20, ARTICLE 14. HATFIELD-MCCOY REGIONAL RECREATION AUTHORITY.

§20-14-1. Legislative findings.

§20-14-2. Definitions.

§20-14-3. Creation; appointment of board; terms.

§20-14-4. Board; quorum; executive director; expenses.

§20-14-4a. Financial review and oversight.

§20-14-5. Powers of authority.

§20-14-6. Repealed. Acts, 2015 Reg. Sess., Ch. 117.

§20-14-7. Repealed. Acts, 2015 Reg. Sess., Ch. 117.

§20-14-8. Prohibited acts, penalty.

§20-14-9. Limiting liability.

§20-14-10. Purchasing and bidding procedures.

§20-14-11. Conflicts of interest prohibiting certain contracts.

§20-14-12. Civil remedies for unlawful purchasing and contracts.

§20-14-13. Authorization to contract to build and maintain trails on private property.

CHAPTER 20, ARTICLE 15. ATV RESPONSIBILITY ACT.

§20-15-1. Legislative findings.

§20-15-2. Definitions.

§20-15-3. Scope.

§20-15-4. Duties of authorized outfitters or licensees.

§20-15-5. Duties of participants.

§20-15-6. Liability of authorized outfitters and licensees.

§20-15-7. Liability of participants.

§20-15-8. Authorized outfitters required to carry insurance.

CHAPTER 20, ARTICLE 16. NONPROFIT ADVENTURE AND RECREATIONAL ACTIVITY RESPONSIBILITY ACT.

§20-16-1. Short title.

§20-16-2. Legislative purpose.

§20-16-3. Definitions.

§20-16-4. Duties of a nonprofit youth organization or provider.

§20-16-5. Duties of participants.

§20-16-6. Liability of nonprofit youth organization or provider.

§20-16-7. Liability of participants.

§20-16-8. Applicability of article.

CHAPTER 20, ARTICLE 17. MULTICOUNTY TRAIL NETWORK AUTHORITIES.

§20-17-1. Legislative findings.

§20-17-2. Definitions.

§20-17-3. Multicounty trail network authorities authorized; addition of counties; merger of existing authorities.

§20-17-4. Board; quorum; executive director; expenses; application of state Freedom of Information Act.

§20-17-5. Financial review and oversight.

§20-17-6. Powers of an authority.

§20-17-7. Requirements for trail users and prohibited acts; criminal penalties.

§20-17-8. Limiting liability.

§20-17-9. Purchasing and bidding procedures; criminal penalties.

CHAPTER 20, ARTICLE 17A. MOUNTAINEER TRAIL NETWORK RECREATION AUTHORITY.

§20-17A-1. Legislative findings; purpose.

§20-17A-2. Continuation of Mountaineer Trail Network Recreation Authority and establishment of recreation area.

§20-17A-3. Recreational purposes.

§20-17A-4. Governing body and expenses.

§20-17A-5. Protection for private landowners.

CHAPTER 20, ARTICLE 17B. UPPER OHIO VALLEY TRAIL NETWORK RECREATION AUTHORITY.

§20-17B-1. Legislative findings; purpose.

§20-17B-2. Creation of Upper Ohio Valley Trail Network Recreation Authority and establishment of recreation area.

§20-17B-3. Recreational purposes.

§20-17B-4. Governing body and expenses.

§20-17B-5. Protection for private landowners.

CHAPTER 20, ARTICLE 18. WEST VIRGINIA DIVISION OF NATURAL RESOURCES POLICE OFFICER RETIREMENT SYSTEM.

§20-18-1. Short title.

§20-18-2. Definitions.

§20-18-3. Meaning of terms.

§20-18-4. Creation and administration of West Virginia Natural Resources Police Officers Retirement System; specification of actuarial assumptions.

§20-18-5. Article to be liberally construed; supplements federal social security; federal qualification requirements.

§20-18-6. Members.

§20-18-7. Creation of fund; investments.

§20-18-8. Members' contributions; employer contributions.

§20-18-9. Correction of errors; underpayments; overpayments.

§20-18-10. Transfer from Public Employees Retirement System.

§20-18-11. Notice requirements.

§20-18-12. Retirement; commencement of benefits.

§20-18-13. Federal law maximum benefit limitations.

§20-18-14. Federal law minimum required distributions.

§20-18-15. Direct rollovers.

§20-18-16. Rollovers and transfers to purchase service credit or repay withdrawn contributions.

§20-18-17. Conversion of annual and sick leave authorized for health or retirement benefits.

§20-18-18. Retirement benefits.

§20-18-19. Annuity options.

§20-18-20. Refunds to certain members upon discharge or resignation; deferred retirement; preretirement death; forfeitures.

§20-18-21. Award and benefits for disability – Duty related.

§20-18-22. Award and benefits for disability – Due to other causes.

§20-18-23. Awards and benefits for disability — Physical examinations; termination of disability.

§20-18-24. Prior disability.

§20-18-25. Awards and benefits to surviving spouse – when member dies in performance of duty, etc.

§20-18-26. Awards and benefits to surviving spouse – when member dies from nonservice-connected causes.

§20-18-27. Additional death benefits and scholarships - Dependent children.

§20-18-28. Burial benefit.

§20-18-29. Double death benefits prohibited.

§20-18-30. Return to covered employment by retired member.

§20-18-31. Exemption from garnishment and other process; exception for certain qualified domestic relations orders.

§20-18-32. Fraud; penalties; and repayment.

§20-18-33. Credit toward retirement for member’s prior military service; credit toward retirement when member has joined armed forces in time of armed conflict; qualified military service.

§20-18-34. Pro rata reduction of annuities.

§20-18-35. Liability of participating public employer for delinquent retirement contributions; liability of participating public employer’s successor for delinquent retirement contributions; lien for delinquent contributions; collection by suit.

§20-18-36. Benefits not forfeited if system terminates.

§20-18-37. Severability.

CHAPTER 20, ARTICLE 19. MOTORSPORT RESPONSIBILITY ACT.

§20-19-1. Legislative purposes.

§20-19-2. Definitions.

§20-19-3. Duties of motorsport operators.

§20-19-4. Duties of motorsport participants.

§20-19-5. Liability of motorsport operators.

§20-19-6. Liability of motorsport participants.

§20-19-7. Rules.

§20-19-8. No abrogation of common law and statutory defenses.

CHAPTER 21. LABOR

CHAPTER 21, ARTICLE 1. DIVISION OF LABOR.

§21-1-1. Creation, control and management of department.

§21-1-2. Appointment of Commissioner of Labor; qualifications; term of office; salary.

§21-1-3. Inspections by commissioner; duties and records of employers; commissioner may appoint assistants.

§21-1-4. Annual report to Governor; collection of statistical information.

§21-1-5. Continuation of division.

§21-1-6. Use of criminal records as disqualification from authorization to engage in licensed profession or occupation.

CHAPTER 21, ARTICLE 1A. LABOR-MANAGEMENT RELATIONS ACT FOR THE PRIVATE SECTOR.

§21-1A-1. Public policy and purposes of article; mediation; investigation and mediation by commissioner of certain labor disputes; arbitration; construction of article.

§21-1A-2. Definitions; determination of agency.

§21-1A-3. Rights of employees.

§21-1A-4. Unfair labor practices.

§21-1A-5. Representatives and elections.

§21-1A-6. Prevention of unfair labor practices.

§21-1A-7. Suits by or against labor organizations.

§21-1A-8. Severability.

CHAPTER 21, ARTICLE 1B. VERIFYING LEGAL EMPLOYMENT STATUS OF WORKERS.

§21-1B-1. Findings; policy.

§21-1B-2. Definitions.

§21-1B-3. Unauthorized workers; employment prohibited.

§21-1B-4. Record-keeping requirements; employer compliance.

§21-1B-5. Penalties.

§21-1B-6. Denial of deductible business expense.

§21-1B-7. Suspension or revocation of license.

§21-1B-8. Citation for violation.

CHAPTER 21, ARTICLE 1C. WEST VIRGINIA JOBS ACT.

§21-1C-1. Short title.

§21-1C-2. Definitions.

§21-1C-3. Legislative findings; statement of policy.

§21-1C-4. Local labor market utilization on public improvement construction projects; waiver certificates.

§21-1C-5. Applicability and scope of article; reporting requirements.

§21-1C-6. Penalties for violation of article, notice of violations; administrative remedies.

§21-1C-7. Repealed. Acts, 2006 Reg. Sess., Ch. 131.

CHAPTER 21, ARTICLE 1D. WEST VIRGINIA ALCOHOL AND DRUG-FREE WORKPLACE ACT.

§21-1D-1. Short Title.

§21-1D-2. Definitions.

§21-1D-3. Statement of policy.

§21-1D-4. Drug-free workplace policy required for public improvement construction.

§21-1D-5. Employee drug-free workplace policy required to bid for a public improvement contract.

§21-1D-5a. Drug-free workplace policy not applicable to workers required to follow federal Department of Transportation drug testing guidelines.

§21-1D-6. Drug-free workplace written policy to be kept posted.

§21-1D-7. Drug-free workplace records and contents open for inspection.

§21-1D-7a. Confidentiality; test results not to be used in criminal and administrative proceedings.

§21-1D-7b. Contractor to provide certified drug-free workplace report.

§21-1D-8. Penalties for violation of this article.

§21-1D-9. Existing contracts.

CHAPTER 21, ARTICLE 1E. CAREER TRAINING EDUCATION AND APPRENTICESHIPS.

§21-1E-1. Declaration of purpose.

§21-1E-2. Definitions.

§21-1E-3. Recognition of training and apprenticeships; maintenance of current list of apprenticeships.

§21-1E-4. Rule-making authority.

CHAPTER 21, ARTICLE 2. EMPLOYMENT AGENCIES.

§21-2-1. Purpose of agency; no fees charged.

§21-2-2. Cooperation from federal government.

§21-2-3. Duty and authority of commissioner.

§21-2-4."Employment agent" defined.

§21-2-5. Rules and regulations prescribed by commissioner of labor.

§21-2-6. False statements or withholding of information prohibited.

§21-2-7. License required; displaying license; annual tax.

§21-2-8. Licenses issuable only to citizens of United States.

§21-2-9. Refusal to issue license.

§21-2-10. Revocation of license.

§21-2-11. Records to be kept; reports to commissioner of labor.

§21-2-12. Commissioner of labor may enter offices and examine records.

§21-2-13. No employment in violation of child labor or compulsory school attendance laws.

§21-2-14. Offenses; penalties; jurisdiction.

§21-2-15. Employers exempt from provisions of article.

CHAPTER 21, ARTICLE 3. SAFETY AND WELFARE OF EMPLOYEES.

§21-3-1. Employers to safeguard life, etc., of employees; reports and investigations of accidents; orders of commissioner.

§21-3-2. Guarding machinery and dangerous places; standards for construction of scaffolding, hoists and temporary floors; first aid equipment.

§21-3-3. Guarding shafts, hatchways, wheel holes, elevators and electrical apparatus; requiring correction of unsafe conditions.

§21-3-3a. National Electrical Code minimum standards.

§21-3-4. Removal of safeguards.

§21-3-5. Control of machinery.

§21-3-6. Stairways, passageways and lights; overloading floors or walls; space between machines.

§21-3-7. Regulation of operation of steam boilers.

§21-3-8. Smoking where prohibited by sign.

§21-3-9. Fire escapes.

§21-3-10. Food or meals in factories.

§21-3-10a. Meal breaks.

§21-3-11. Seats for female employees.

§21-3-12. Water closets.

§21-3-13. Washing facilities and dressing rooms.

§21-3-14. Power of commissioner as to witnesses; prosecution of offenses; penalties; jurisdiction; exemption of coal mining operations; recovery of civil penalties.

§21-3-15. Records and reports of commissioner, inspectors and chief clerk.

§21-3-16. Inclosure of streetcar platforms.

§21-3-17. Employers not to require payment of fees for medical examination as condition of employment; enforcement.

§21-3-18. Hazardous chemical substances; notice to employees; reports to commissioner; penalties.

§21-3-19. Discrimination for use of tobacco products prohibited.

§21-3-20. Use of video and other electronic surveillance devices by employers prohibited.

§21-3-21. Special Revenue Fund for the Division of Labor; authorized deposits; disbursements; purpose.

§21-3-22. OSHA construction safety program.

CHAPTER 21, ARTICLE 3A. OCCUPATIONAL SAFETY AND HEALTH ACT.

§21-3A-1. Short title.

§21-3A-1a. Legislative policy.

§21-3A-2. Definitions.

§21-3A-3. Division of occupational safety and health; coordination of activities with workers' compensation commission.

§21-3A-4. Application of article.

§21-3A-5. Duties of employer and employee.

§21-3A-6. Rules.

§21-3A-7. Adoption of federal and state standards; variances.

§21-3A-8. Inspections and investigations; records.

§21-3A-9. Citation for violation.

§21-3A-10. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§21-3A-11. Notice to employer of contest period; action by commissioner; action by review commission.

§21-3A-12. Appeal from review commission.

§21-3A-13. Discrimination against employee filing complaint.

§21-3A-14. Enjoining of conditions or practices at places of employment; mandamus against commissioner for failure to act.

§21-3A-15. Research and demonstration projects.

§21-3A-16. Education program.

§21-3A-17. Reports to United States secretary of labor.

§21-3A-18. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§21-3A-19. Optional coverage by subdivisions.

CHAPTER 21, ARTICLE 3B. EMPLOYER ASSISTANCE FOR ENVIRONMENTAL PROTECTION.

§21-3B-1. Title and purpose.

§21-3B-2. Duties and responsibilities of Division of Labor and the commissioner of labor.

§21-3B-3. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§21-3B-4. Procedures.

CHAPTER 21, ARTICLE 3C. ELEVATOR SAFETY.

§21-3C-1. Definitions.

§21-3C-2. Inspectors; application; certificates of competency.

§21-3C-2a. Installation prohibited; exemptions; two-way communication required; key required.

§21-3C-3. Suspension or revocation of certificates.

§21-3C-4. Registration of elevators; notification to counties and municipalities.

§21-3C-5. Powers and duties of counties and municipalities; annual inspections required; acceptance inspection.

§21-3C-6. Report of inspection; hearing on construction plans and specifications; findings and orders of division.

§21-3C-7. Safety equipment.

§21-3C-8. Certificate of operation; renewal.

§21-3C-9. Permits for removal or repairs.

§21-3C-10. Enforcement; notice of defective machinery.

§21-3C-10a. License requirements for elevator mechanics, accessibility technicians, limited technicians; contractors license requirements; supervision of elevator apprentices requirements.

§21-3C-10b. Issuance and renewal of licenses.

§21-3C-11. Disposition of fees; legislative rules.

§21-3C-12. Penalties.

§21-3C-13. Mining and industrial elevators and general public elevators exempt.

§21-3C-14. Inapplicability of local ordinances.

CHAPTER 21, ARTICLE 3D. CRANE OPERATOR CERTIFICATION ACT.

§21-3D-1. Definitions.

§21-3D-2. Certification required.

§21-3D-3. Inapplicability of local ordinances.

§21-3D-4. Minimum certification requirements.

§21-3D-5. Denial, suspension, revocation, or reinstatement of certification.

§21-3D-6. Effect of accident.

§21-3D-7. Penalties.

§21-3D-8. Crane Operator Certification Fund; fees; disposition of funds.

§21-3D-9. Reciprocity.

CHAPTER 21, ARTICLE 3E. THE WEST VIRGINIA SAFER WORKPLACE ACT.

§21-3E-1. Short title.

§21-3E-2. Definitions.

§21-3E-3. Public policy; applicability.

§21-3E-4. Employers may test current and prospective employees for drugs or alcohol.

§21-3E-5. Collection of samples.

§21-3E-6. Scheduling of tests.

§21-3E-7. Testing procedure.

§21-3E-8. Testing policy requirements.

§21-3E-9. Disciplinary procedures.

§21-3E-10. Sensitive employees.

§21-3E-11. Protection from liability.

§21-3E-12. Cause of action.

§21-3E-13. Defamation.

§21-3E-14. No requirement to implement a testing policy.

§21-3E-15. Confidentiality.

§21-3E-16. Employer testing; notice; termination; forfeiture.

CHAPTER 21, ARTICLE 4. HOURS OF LABOR.

§21-4-1. Hours of labor for telephone and telegraph operators on railroads.

§21-4-2. Hours of labor on state public works.

CHAPTER 21, ARTICLE 5. WAGE PAYMENT AND COLLECTION.

§21-5-1. Definitions.

§21-5-2. Semimonthly payment of wages by railroads.

§21-5-3. Payment of wages by employers other than railroads; assignments of wages.

§21-5-4. Cash orders; employees separated from payroll before paydays; employer provided property.

§21-5-4a. Safe Harbor.

§21-5-5. Coercion of employees to purchase merchandise in payment of wages; sale of merchandise for more than prevailing cash value.

§21-5-5a. Definitions.

§21-5-5b. Employer limitations on use of detection of deception devices or instruments; exceptions.

§21-5-5c. License required for psychophysiological detection of deception examiners; qualifications; promulgation of rules governing administration of psychophysiological detection of deception examinations.

§21-5-5d. Penalties; cause of action.

§21-5-6. Refusal to pay wages or redeem orders.

§21-5-7. Prime contractor"s responsibility for wages and benefits.

§21-5-8. Checkweighman where wages depend on production.

§21-5-8a. Deceased employees.

§21-5-9. Notification, posting and records.

§21-5-10. Provisions of law may not be waived by agreement.

§21-5-11. Administrative enforcement.

§21-5-12. Employees' remedies.

§21-5-13. Rules and regulations.

§21-5-14. Employer's bond for wages and benefits.

§21-5-14a. Insufficiency of bond; manner of distribution.

§21-5-15. Violations; cease and desist orders and appeals therefrom; criminal penalties.

§21-5-16. Contractors and subcontractors to notify commissioner.

§21-5-17. Employers prohibited from discharging employees for time lost as volunteer firemen or emergency medical service attendant.

§21-5-18. Employers prohibited from discharging employees for time lost as emergency medical service personnel.

CHAPTER 21, ARTICLE 5A. WAGES FOR CONSTRUCTION OF PUBLIC IMPROVEMENTS.

§21-5A-1 Repealed. Acts, 2016 Reg. Sess., Ch. 39

§21-5A-2 Repealed. Acts, 2016 Reg. Sess., Ch. 39

§21-5A-3 Repealed. Acts, 2016 Reg. Sess., Ch. 39

§21-5A-4. Repealed. Acts, 1991 Reg. Sess., Ch. 149.

§21-5A-5 Repealed. Acts, 2016 Reg. Sess., Ch. 39

§21-5A-6 Repealed. Acts, 2016 Reg. Sess., Ch. 39

§21-5A-7 Repealed. Acts, 2016 Reg. Sess., Ch. 39

§21-5A-8 Repealed. Acts, 2016 Reg. Sess., Ch. 39

§21-5A-9 Repealed. Acts, 2016 Reg. Sess., Ch. 39

§21-5A-10 Repealed. Acts, 2016 Reg. Sess., Ch. 39

§21-5A-11 Repealed. Acts, 2016 Reg. Sess., Ch. 39

§21-5A-12 Repealed. Acts, 2016 Reg. Sess., Ch. 39

CHAPTER 21, ARTICLE 5B. EQUAL PAY FOR EQUAL WORK.

§21-5B-1. Definitions.

§21-5B-2. State commissioner of labor to enforce article.

§21-5B-3. Discrimination between sexes in payment of wages for work of comparable character prohibited.

§21-5B-4. Employee's right of action against his employer.

§21-5B-5. Offenses; penalties.

§21-5B-6. Provisions of article severable.

CHAPTER 21, ARTICLE 5C. MINIMUM WAGE AND MAXIMUM HOURS STANDARDS FOR EMPLOYEES.

§21-5C-1. Definitions.

§21-5C-2. Minimum wages.

§21-5C-3. Maximum hours; overtime compensation.

§21-5C-4. Credits.

§21-5C-5. Keeping of records.

§21-5C-6. Duties and powers of commissioner of labor.

§21-5C-7. Offenses and penalties.

§21-5C-8. Civil remedy of employee; limitation of actions.

§21-5C-9. Wage and hour division; wage and hour director; duties.

§21-5C-10. Relation to other laws.

§21-5C-11. Severability.

CHAPTER 21, ARTICLE 5D. THE PARENTAL LEAVE ACT.

§21-5D-1. Legislative findings.

§21-5D-2. Definitions.

§21-5D-3. Scope.

§21-5D-4. Family leave.

§21-5D-5. Certification.

§21-5D-6. Position upon return from leave.

§21-5D-7. Seniority and employment benefits.

§21-5D-8. Prohibited acts.

§21-5D-9. Posting notice.

CHAPTER 21, ARTICLE 5E. EQUAL PAY FOR EQUAL WORK FOR STATE EMPLOYEES.

§21-5E-1. Legislative findings and purpose.

§21-5E-2. Definitions.

§21-5E-3. Discrimination between sexes in payment of wages for work of comparable character prohibited.

§21-5E-4. Employee's right of action against employer.

§21-5E-5. Establishment of the Equal Pay Commission; appointment of members.

§21-5E-6. Commission's duties; promulgation of rules.

CHAPTER 21, ARTICLE 5F. NURSE OVERTIME AND PATIENT SAFETY ACT.

§21-5F-1. Legislative findings and purpose.

§21-5F-2. Definitions.

§21-5F-3. Hospital nursing overtime limitations and requirements.

§21-5F-4. Enforcement; offenses and penalties.

§21-5F-5. Relation to other laws.

CHAPTER 21, ARTICLE 5G. WEST VIRGINIA WORKPLACE FREEDOM ACT.

§21-5G-1. Definitions.

§21-5G-2. Individual's right to refrain from affiliating with a labor organization.

§21-5G-3. Contracting for exclusion from employment because of affiliation or nonaffiliation with a labor organization.

§21-5G-4. Criminal penalty.

§21-5G-5. Civil relief; damages.

§21-5G-6. Exceptions.

§21-5G-7. Applicability; severability.

CHAPTER 21, ARTICLE 5H. EMPLOYEE PERSONAL SOCIAL MEDIA.

§21-5H-1. Employer access to employee or potential employee personal accounts prohibited.

CHAPTER 21, ARTICLE 5I. WEST VIRGINIA EMPLOYMENT LAW WORKER CLASSIFICATION ACT.

§21-5I-1. Short title.

§21-5I-2. Findings.

§21-5I-3. Certain laws may be superseded.

§21-5I-4. Classification of independent contractors and employees.

§21-5I-5. Limitations as to scope of article.

§21-5I-6. Severability.

CHAPTER 21, ARTICLE 6. CHILD LABOR.

§21-6-1. Employment of children under fourteen.

§21-6-2. Employment of children under eighteen in certain occupations; determination as to other occupations; exemptions for certain students performing roofing operations.

§21-6-3. Issuance of work permit.

§21-6-4. Contents of work permit; forms; filing; records; revocation.

§21-6-5. Age certificate for employers; inquiry as to age; revocation of certificate; supervision by State Superintendent of Schools.

§21-6-6. Repealed. Acts, 2002 Reg. Sess., Ch. 49.

§21-6-7. Hours and days of labor by minors.

§21-6-8. Supervision permits.

§21-6-8a. Blanket work permits.

§21-6-9. Enforcement of article.

§21-6-10. Offenses; penalties.

§21-6-11. Rules.

CHAPTER 21, ARTICLE 7. INDUSTRIAL HOMEWORK.

§21-7-1. Purpose of article.

§21-7-2. Definitions.

§21-7-3. Prohibited industrial homework.

§21-7-4. Investigations by commissioner.

§21-7-5. Enforcement by commissioner.

§21-7-6. Employer's permit; fee.

§21-7-7. Employer not to deliver material for industrial homework unless worker has certificate; labels.

§21-7-8. Homeworker's certificate.

§21-7-9. Seizure of unlawfully manufactured articles.

§21-7-10. Revocation or suspension of permits and certificates; powers of commissioner.

§21-7-11. Penalties.

CHAPTER 21, ARTICLE 8. WEST VIRGINIA COMMISSION ON MANPOWER, TECHNOLOGY AND TRAINING.

§21-8-1. Repealed.Acts, 1982 Reg. Sess., Ch. 97.

§21-8-2. Repealed.Acts, 1982 Reg. Sess., Ch. 97.

§21-8-3. Repealed.Acts, 1982 Reg. Sess., Ch. 97.

§21-8-4. Repealed.Acts, 1982 Reg. Sess., Ch. 97.

§21-8-5. Repealed.Acts, 1982 Reg. Sess., Ch. 97.

§21-8-6. Repealed.Acts, 1982 Reg. Sess., Ch. 97.

§21-8-7. Repealed.Acts, 1982 Reg. Sess., Ch. 97.

§21-8-8. Repealed.Acts, 1982 Reg. Sess., Ch. 97.

§21-8-9. Repealed.Acts, 1982 Reg. Sess., Ch. 97.

§21-8-10. Repealed.Acts, 1982 Reg. Sess., Ch. 97.

§21-8-11. Repealed.Acts, 1982 Reg. Sess., Ch. 97.

§21-8-12. Repealed.Acts, 1982 Reg. Sess., Ch. 97.

§21-8-13. Repealed.Acts, 1982 Reg. Sess., Ch. 97.

CHAPTER 21, ARTICLE 9. MANUFACTURED HOUSING CONSTRUCTION AND SAFETY STANDARDS.

§21-9-1. Short title.

§21-9-2. Definitions.

§21-9-3. Board continued; appointment, qualifications, terms, oath, etc., of members; quorum; meetings; when members disqualified from participation; compensation; records; office space; personnel.

§21-9-4. General powers and duties; persons adversely affected entitled to hearing.

§21-9-5. Board designated as state administrative agency for manufactured home construction and safety standards; board to administer and enforce act.

§21-9-6. Inspection of certain facilities.

§21-9-7. Monitoring inspection fee.

§21-9-8. Maintenance and production of records and other information.

§21-9-9. License required; fees; form of license; display of license; denial, suspension, or revocation.

§21-9-10. Licensee to furnish bond or other form of assurance.

§21-9-11. State may act as primary inspection agency.

§21-9-11a. Inspection of manufactured housing; deferral period for inspection and administrative remedies; notification to consumers of rights.

§21-9-12. Violation of article; penalties; injunction.

§21-9-12a. Violation of cease and desist order; penalties.

§21-9-13. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 21, ARTICLE 10. AMUSEMENT RIDES AND AMUSEMENT ATTRACTIONS SAFETY ACT.

§21-10-1. Short title.

§21-10-2. Definitions.

§21-10-3. Rules.

§21-10-4. Inspection and permit fees.

§21-10-5. Inspectors.

§21-10-6. Permits; application; annual inspection.

§21-10-7. Issuance of permit; certificate of inspection; availability to public.

§21-10-8. Notice of intention to erect new ride or attraction or add to or alter existing ride or attraction.

§21-10-9. Notice of serious physical injury or fatality; investigations; records available to public.

§21-10-10. Service of process.

§21-10-11. Temporary cessation of operation of ride or attraction determined to be unsafe.

§21-10-12. Insurance; bond.

§21-10-12a. Minimum age for operating amusement ride.

§21-10-13. Regulation of carnivals, fairs and amusement rides and amusement attractions by cities and counties.

§21-10-14. Criminal penalty for violation.

§21-10-15. Operating or assembling an amusement ride while intoxicated; criminal penalty.

§21-10-16. Revocation and suspension of permits.

§21-10-17. Civil penalties for violations.

§21-10-18. Continuing authority of State Fire Marshal.

§21-10-19. Patron responsibility.

CHAPTER 21, ARTICLE 11. WEST VIRGINIA CONTRACTOR LICENSING ACT.

§21-11-1. Short title.

§21-11-2. Policy declared.

§21-11-3. Definitions.

§21-11-4. West Virginia contractor licensing board created; members; appointment; terms; vacancies; qualifications; quorum.

§21-11-5. Administrative duties of the board; regulations.

§21-11-6. Necessity for license; exemptions.

§21-11-7. Application for and issuance of license.

§21-11-8. Licenses; expiration date; fees; renewal.

§21-11-9. Unlawful use, assignment, transfer of license; revocation.

§21-11-10. Prerequisites to obtaining building permit; mandatory written contracts.

§21-11-10a. Informational list for basic universal design features; penalties.

§21-11-11. Notice included with invitations to bid and specifications.

§21-11-12. License renewal, lapse and reinstatement.

§21-11-13. Violation of article; injunction; criminal penalties.

§21-11-14. Disciplinary powers of the board.

§21-11-15. Administrative duties of division.

§21-11-16. Rules.

§21-11-17. Recordkeeping; fees.

§21-11-18. Reciprocity.

§21-11-19. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§21-11-20. Board authorized to provide training.

CHAPTER 21, ARTICLE 11A. NOTICE AND OPPORTUNITY TO CURE CONSTRUCTION DEFECTS.

§21-11A-1. Purpose.

§21-11A-2. Applicability of article.

§21-11A-3. Suit by contractor; perfecting mechanic's lien.

§21-11A-4. Applicability of definitions; definitions.

§21-11A-5. Contract for residential improvements; notice.

§21-11A-6. Contractor notification requirements for a new residential dwelling constructed for sale.

§21-11A-7. Prerequisites to commencing an action.

§21-11A-8. Notice of claim of construction defect.

§21-11A-9. Service on additional parties.

§21-11A-10. Request for voluntary disclosure of additional information.

§21-11A-11. Duty to negotiate.

§21-11A-12. Timetable.

§21-11A-13. Conduct of negotiation.

§21-11A-14. Settlement agreement.

§21-11A-15. Costs of negotiation.

§21-11A-16. Commencement of action.

§21-11A-17. Additional construction defects; additional notice of claim.

CHAPTER 21, ARTICLE 12. COMMERCIAL BUNGEE JUMPING SAFETY ACT.

§21-12-1. Short title.

§21-12-2. Definitions.

§21-12-3. Rules.

§21-12-4. Inspection and permit fees.

§21-12-5. Inspectors.

§21-12-6. Permits; application; annual inspection.

§21-12-7. Issuance of permit; certificate of inspection; availability to public.

§21-12-8. Notice of serious physical injury or fatality; investigations; records available to public.

§21-12-9. Service of process.

§21-12-10. Temporary cessation of operation of bungee jumping site or attraction determined to be unsafe.

§21-12-11. Insurance; bond.

§21-12-12. Regulation of commercial bungee jumping events and attractions by cities and counties.

§21-12-13. Criminal penalty for violation.

CHAPTER 21, ARTICLE 13. CONVENIENCE FOOD STORES SAFETY ACT.

§21-13-1. Purpose.

§21-13-2. Definitions.

§21-13-3. Convenience food store regulations.

§21-13-4. Penalties and enforcement.

§21-13-5. Repealed. Acts, 2002 Reg. Sess., Ch. 104.

CHAPTER 21, ARTICLE 14. SUPERVISION OF PLUMBING WORK.

§21-14-1. Declaration of purpose.

§21-14-2. Definitions.

§21-14-3. License required; exemptions.

§21-14-3a. Veteran qualification for examination for license as a plumber.

§21-14-4. Rule-making authority.

§21-14-5. Enforcement.

§21-14-6. Denial, suspension, and revocation of license.

§21-14-7. Penalties.

§21-14-8. Inapplicability of local ordinances.

§21-14-9. Disposition of fees.

CHAPTER 21, ARTICLE 15. ZIPLINE AND CANOPY TOUR RESPONSIBILITY ACT.

§21-15-1. Legislative purpose.

§21-15-2. Definitions.

§21-15-3. Duties of a zipline or canopy tour operators.

§21-15-4. Responsibilities of participants; prohibited acts.

§21-15-5. Liability of zipline operators.

§21-15-6. Rules.

§21-15-7. Inspection and permit fees.

§21-15-8. Inspectors.

§21-15-9. Permits; application; annual inspection.

§21-15-10. Issuance of permit; certificate of inspection; availability to public.

§21-15-11. Notice of serious physical injury or fatality; investigations; records available to public.

§21-15-12. Service of process.

§21-15-13. Temporary cessation of the operation of a zipline or canopy tour determined to be unsafe.

§21-15-14. Regulation of ziplines by cities and counties.

CHAPTER 21, ARTICLE 16. REGULATION OF HEATING, VENTILATING AND COOLING WORK.

§21-16-1. Declaration of purpose.

§21-16-2. Definitions.

§21-16-3. License required; exemptions.

§21-16-4. Scope of practice.

§21-16-5. Rule-making authority.

§21-16-6. Enforcement; interagency agreements authorized.

§21-16-7. Denial, suspension, and revocation of license.

§21-16-8. Penalties.

§21-16-9. Inapplicability of local ordinances.

§21-16-10. Disposition of fees.

§21-16-11. Veteran qualifications for license as HVAC Technician.

CHAPTER 21, ARTICLE 17. REVIEW AND CREDENTIAL ACKNOWLEDGEMENT PROCEDURES ACT.

§21-17-1. Applicability and short title.

§21-17-2. Definitions.

§21-17-3. Occupational license or other authorization to practice.

§21-17-4. Work experience.

§21-17-5. State law examination.

§21-17-6. Decision.

§21-17-7. Appeal.

§21-17-8. State laws and jurisdiction.

§21-17-9. Limitations.

§21-17-10. Cost for application.

§21-17-11. Preemption.

§21-17-12. Rulemaking.

CHAPTER 21A. UNEMPLOYMENT COMPENSATION.

CHAPTER 21A, ARTICLE 1. UNEMPLOYMENT COMPENSATION.

§21A-1-1. Purpose of chapter.

§21A-1-2. Short title.

§21A-1-3. Repealed. Acts, 1996 Reg. Sess., Ch. 252.

§21A-1-4. Workforce West Virginia created; divisions within Workforce West Virginia created; certain terms defined; employer violator system.

§21A-1-5. Federal-state cooperation.

§21A-1-6. Employment stabilization.

§21A-1-7. State public employment agency to become state employment service division.

§21A-1-8. Cooperation within state.

§21A-1-9. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 21A, ARTICLE 1A. DEFINITIONS.

§21A-1A-1. Construction of terms.

§21A-1A-2. Administration fund.

§21A-1A-3. Annual payroll.

§21A-1A-4. Average annual payroll.

§21A-1A-5. Base period; alternative base period.

§21A-1A-6. Base period employer; alternative base period employer.

§21A-1A-7. Base period wages; alternative base period wages.

§21A-1A-8. Benefit year.

§21A-1A-9. Benefits.

§21A-1A-10. Board.

§21A-1A-11. Calendar quarter.

§21A-1A-12. Commissioner.

§21A-1A-13. Computation date.

§21A-1A-14. Employing unit.

§21A-1A-15. Employer.

§21A-1A-16. Employment.

§21A-1A-17. Exclusions from employment.

§21A-1A-18. Employment office.

§21A-1A-19. Fund.

§21A-1A-20. Hospital.

§21A-1A-21. Institution of higher education.

§21A-1A-22. Payments.

§21A-1A-23. Reorganized employer.

§21A-1A-24. Separated from employment.

§21A-1A-25. State.

§21A-1A-26. Successor employer.

§21A-1A-27. Total and partial unemployment.

§21A-1A-28. Wages; average annual wage; threshold wage.

§21A-1A-29. Week.

§21A-1A-30. Weekly benefit rate.

§21A-1A-31. Year.

CHAPTER 21A, ARTICLE 2. THE COMMISSIONER OF WORKFORCE WEST VIRGINIA.

§21A-2-1. Appointment; term of office.

§21A-2-1a. Repealed. Acts, 1991 Reg. Sess., Ch. 16.

§21A-2-2. Qualifications.

§21A-2-3. Oath.

§21A-2-4. Offices.

§21A-2-5. Traveling expenses.

§21A-2-6. Powers and duties generally.

§21A-2-6a. Reciprocal agreements.

§21A-2-6b. Commissioner to be furnished information by State Tax Commissioner; secrecy of information; violation a misdemeanor.

§21A-2-6c. Payment withholding and interception.

§21A-2-7. Repealed. Acts, 1991 Reg. Sess., Ch. 16.

§21A-2-8. Assistants and employees.

§21A-2-9. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§21A-2-10. Examinations and annual merit ratings.

§21A-2-11. Dismissals, terminations, layoffs and suspensions.

§21A-2-12. Delegation of commissioner's duties.

§21A-2-13. Deputies.

§21A-2-14. Head of division of employment service.

§21A-2-15. Employment offices.

§21A-2-16. Federal-state cooperation.

§21A-2-16a. Work incentive program.

§21A-2-17. Acceptance of aid.

§21A-2-18. Legal counsel.

§21A-2-19. Rules and regulations.

§21A-2-20. Oaths and witnesses.

§21A-2-21. Subpoenas.

§21A-2-22. Publications.

§21A-2-23. Veteran's training program.

CHAPTER 21A, ARTICLE 2A. EMERGENCY EMPLOYMENT SUPPLEMENTAL MATCHING PROGRAM.

§21A-2A-1. Legislative declaration of finding and purpose.

§21A-2A-2. Definitions.

§21A-2A-3. Application for employment by eligible unemployed person; forms and notice.

§21A-2A-4. Notice to private business employers; applications for prospective employers.

§21A-2A-5. Payments to private business employers; maximums.

CHAPTER 21A, ARTICLE 2B. GROUP INSURANCE PLANS FOR REGULAR EMPLOYEES.

§21A-2B-1. Inaugurating group insurance plans.

§21A-2B-2. Acceptance of grants from United States department of labor, bureau of employment security; state not to pay premiums.

§21A-2B-3. Approval of terms of plans.

§21A-2B-4. Payroll deductions; employee continuing in group after retirement.

§21A-2B-5. Custodian of funds; disbursements.

CHAPTER 21A, ARTICLE 2C. MILITARY INCENTIVE PROGRAM.

§21A-2C-1. Short title.

§21A-2C-2. Declaration of legislative intent and purpose.

§21A-2C-3. Definitions.

§21A-2C-4. Tax credit; eligibility; amount.

§21A-2C-5. Restrictions and limitations regarding tax credit.

§21A-2C-6. Program administration.

CHAPTER 21A, ARTICLE 2D. UNEMPLOYMENT INSURANCE PROGRAM INTEGRITY ACT

§21A-2D-1. Definitions.

§21A-2D-2. Unemployment insurance program integrity.

§21A-2D-3. Data sharing.

§21A-2D-4. Action on eligibility determinations.

§21A-2D-5. Recovering overpayments and preventing fraud.

§21A-2D-6. Employer reporting procedure to Workforce West Virginia when employees refuse re-hire opportunities.

§21A-2D-7. Reporting to the Legislature.

§21A-2D-8. Rulemaking.

§21A-2D-9. Effective date.

CHAPTER 21A, ARTICLE 3. COMPENSATION PROGRAMS PERFORMANCE COUNCIL.

§21A-3-1. Repealed. Acts, 2003 2nd Ex. Sess., Ch. 27.

§21A-3-2. Repealed. Acts, 2003 2nd Ex. Sess., Ch. 27.

§21A-3-3. Repealed. Acts, 2003 2nd Ex. Sess., Ch. 27.

§21A-3-4. Repealed. Acts, 2003 2nd Ex. Sess., Ch. 27.

§21A-3-5. Repealed. Acts, 2003 2nd Ex. Sess., Ch. 27.

§21A-3-6. Repealed. Acts, 2003 2nd Ex. Sess., Ch. 27.

§21A-3-7. Repealed. Acts, 2003 2nd Ex. Sess., Ch. 27.

§21A-3-8. Repealed. Acts, 1991 Reg. Sess., Ch. 16.

§21A-3-9. Repealed. Acts, 1991 Reg. Sess., Ch. 16.

§21A-3-10. Repealed. Acts, 1991 Reg. Sess., Ch. 16.

§21A-3-11. Repealed. Acts, 1991 Reg. Sess., Ch. 16.

§21A-3-12. Repealed. Acts, 1991 Reg. Sess., Ch. 16.

CHAPTER 21A, ARTICLE 4. BOARD OF REVIEW.

§21A-4-1. Creation; composition.

§21A-4-2. Appointment; terms; vacancies; chairman.

§21A-4-3. Qualifications.

§21A-4-4. Oaths of office.

§21A-4-5. Compensation and travel expenses.

§21A-4-6. Offices; meetings.

§21A-4-7. Quorum.

§21A-4-8. Removal of members.

§21A-4-9. Powers and duties.

§21A-4-10. Appointment and supervision of personnel; administrative expenses; budget; assignment of hearings.

§21A-4-11. Oaths and witnesses.

§21A-4-12. Subpoenas.

CHAPTER 21A, ARTICLE 5. EMPLOYER COVERAGE AND RESPONSIBILITY.

§21A-5-1. Employer coverage.

§21A-5-2. Termination of coverage.

§21A-5-3. Voluntary coverage; elective coverage by political subdivisions.

§21A-5-3a. Financing benefits paid to employees of nonprofit organizations.

§21A-5-3b. Financing benefits paid to employees of governmental entities; liability of governmental entities for payments.

§21A-5-3c. Designating method of financing.

§21A-5-4. Required payments; failure to make required payments; criminal penalties.

§21A-5-4a. Voluntary payments.

§21A-5-5. Rate of contribution.

§21A-5-6. Payments to be pooled in fund.

§21A-5-7. Joint and separate accounts.

§21A-5-8. Repealed. Acts, 1937 Reg. Sess., Ch. 100.

§21A-5-9. Repealed. Acts, 1981 Reg. Sess., Ch. 206.

§21A-5-10. Experience ratings; decreased rates; adjustment of accounts and rates; debit balance account rates.

§21A-5-10a. Optional assessments on employers and employees.

§21A-5-10b. Transfer of business.

§21A-5-10c. Special rules regarding transfers of experience and assignment of rates.

§21A-5-11. Repealed. Acts, 1941 Reg. Sess., Ch. 97.

§21A-5-12. Repealed. Acts, 1943 Reg. Sess., Ch. 76.

§21A-5-13. Method of payment.

§21A-5-14. Deduction of payments from wages prohibited.

§21A-5-15. Fractions of cents.

§21A-5-16. Collection of payments.

§21A-5-17. Interest and rate on past-due payments; penalties for late payment and reporting.

§21A-5-17a. Summary assessments.

§21A-5-17b. Comity in collection of past-due payments and overpayments.

§21A-5-17c. Service of process on nonresident employer.

§21A-5-18. Priorities.

§21A-5-19. Refunds.

§21A-5-20. Qualifying wages for regular benefits of newly covered workers during transition period on the basis of previously uncovered services.

CHAPTER 21A, ARTICLE 6. EMPLOYEE ELIGIBILITY; BENEFITS.

§21A-6-1. Eligibility qualifications.

§21A-6-1a. Seasonal employment.

§21A-6-1b. Requalification requirement.

§21A-6-1c. Voluntary withholding program.

§21A-6-2. Waiting period construed.

§21A-6-3. Disqualification for benefits.

§21A-6-4. Individual not denied benefits by receiving vocational training.

§21A-6-4a. National guard or reserve training not to be considered employment; such individual not unavailable for work; remuneration for training not to be deducted from unemployment compensation benefit.

§21A-6-5. Considerations in determining if work is suitable.

§21A-6-6. New work not deemed suitable.

§21A-6-7. When departments treated as separate establishments with respect to labor disputes.

§21A-6-8. Payment of benefits.

§21A-6-9. Place of payment.

§21A-6-10. Benefit rate -- Total unemployment; annual computation and publication of rates.

§21A-6-11. Benefit rate -- Partial unemployment.

§21A-6-12. Suspension of partial benefit rights.

§21A-6-13. Computation of wage credits; determination of maximum benefits.

§21A-6-14. Payment of benefits upon decease of claimant.

§21A-6-15. Benefit payments for service with nonprofit organizations, state hospitals, institutions of higher education, educational institutions and governmental entities.

§21A-6-16. Child support intercept of unemployment benefits.

§21A-6-17. Food stamp overissuance intercept of unemployment benefits.

CHAPTER 21A, ARTICLE 6A. EXTENDED BENEFITS PROGRAM.

§21A-6A-1. Definitions.

§21A-6A-2. Effect of state law provisions relating to regular benefits on claims for, and payment of, extended benefits.

§21A-6A-3. Eligibility requirements for extended benefits.

§21A-6A-4. Weekly extended benefit amount.

§21A-6A-5. Total extended benefit amount.

§21A-6A-6. Beginning and termination of extended benefit period.

§21A-6A-7. Effective date of article.

CHAPTER 21A, ARTICLE 6B. SHORT TIME COMPENSATION PROGRAM.

§21A-6B-1. Definitions:

§21A-6B-2. Application to participate in short-time compensation program.

§21A-6B-3. Approval and disapproval of plan.

§21A-6B-4. Effective date of plan, revocation of plan, and modification of plan.

§21A-6B-5. Eligibility for short-time compensation.

§21A-6B-6. Benefits.

§21A-6B-7. Rulemaking.

CHAPTER 21A, ARTICLE 7. CLAIM PROCEDURE.

§21A-7-1. Claims.

§21A-7-2. Display of regulations.

§21A-7-3. Deputies.

§21A-7-4. Investigation by deputy; notice and hearing before deputy; referral of labor dispute claims for hearing and determination by appeal tribunal; initial determination of other claims by deputy; notice of findings and decision.

§21A-7-5. Repealed. Acts, 1939 Reg. Sess., Ch. 134.

§21A-7-6. Repealed. Acts, 1939 Reg. Sess., Ch. 134.

§21A-7-7. Appeal tribunals.

§21A-7-7a. Hearings and determinations by appeal tribunal in labor dispute cases.

§21A-7-8. Appeal from deputy's decision.

§21A-7-9. Appeal from appeal tribunal's decision; finality of decision.

§21A-7-10. Review by board.

§21A-7-11. Benefits pending appeal.

§21A-7-12. Quorum.

§21A-7-13. Board to establish regulations for procedure.

§21A-7-14. Records.

§21A-7-15. Notice of decision.

§21A-7-16. Interested parties not to decide disputed claims.

§21A-7-17. Finality of board's decision — Judicial review.

§21A-7-18. Claim procedure costs.

§21A-7-19. Administrative procedure to be exhausted.

§21A-7-20. Board a necessary party to judicial action; legal counsel.

§21A-7-21. Weight accorded board's findings of fact.

§21A-7-22. Repealed. Acts, 1967 Reg. Sess., Ch. 200.

§21A-7-23. Trial; preference on calendar.

§21A-7-24. Exceptions; appeal bond.

§21A-7-25. Service of process.

§21A-7-26. Certification and filing of record; certification of questions of law.

§21A-7-27. Appeal to Supreme Court of Appeals.

§21A-7-28. Effect of judicial decision.

§21A-7-29. Supersedeas.

§21A-7-30. Appeals from administrative decisions relative to chargeability of benefits.

CHAPTER 21A, ARTICLE 8. UNEMPLOYMENT COMPENSATION FUND.

§21A-8-1. Establishment.

§21A-8-2. Administration.

§21A-8-3. Commissioner's bond.

§21A-8-4. Accounts in fund.

§21A-8-5. Clearing account.

§21A-8-6. Unemployment trust fund account.

§21A-8-7. Deposit with federal government.

§21A-8-8. Benefit account.

§21A-8-9. Deposit of funds.

§21A-8-10. Withdrawals.

§21A-8-11. Issuance and signing of warrants; forgery; penalty.

§21A-8-12. Unclaimed amounts.

§21A-8-13. Termination of state act.

§21A-8-14. Transfer of funds to railroad unemployment insurance account.

§21A-8-15. Administrative use of money credited to account of State in Unemployment Trust Fund pursuant to § 903 of Social Security Act.

§21A-8-16. Loans to Unemployment Compensation Fund from Revenue Shortfall Reserve Fund.

CHAPTER 21A, ARTICLE 8A. EMPLOYMENT SECURITY DEBT FUNDS.

§21A-8A-1. Commissioner of department of employment security authorized to borrow money to repay funds advanced by the federal government; employment security debt fund established.

§21A-8A-2. Employment security debt note fund created; employment security debt bond fund created; pledge of funds for sinking fund.

§21A-8A-3. Issuance of revenue bonds or notes.

§21A-8A-4. Trust agreement for holders of bonds or notes.

§21A-8A-5. Municipal bond commission for payment of bonds or notes.

§21A-8A-6. Credit of state not pledged.

§21A-8A-7. Bonds or notes exempt from taxation.

§21A-8A-8. Assessments; dedication of assessments; commissioner's authority to adjust assessments.

§21A-8A-9. West Virginia Board of Investments to act as Board of Investments for purposes of this article; powers.

§21A-8A-10. Authority of the Board of Investments.

§21A-8A-11. Requirements of loan.

§21A-8A-12. Limitations on loan authority.

§21A-8A-13. Reports to the Legislature.

§21A-8A-14. Termination.

CHAPTER 21A, ARTICLE 9. UNEMPLOYMENT COMPENSATION ADMINISTRATION FUND.

§21A-9-1. Creation; use of federal moneys.

§21A-9-2. Appropriation.

§21A-9-3. Contents of fund.

§21A-9-4. Disbursements.

§21A-9-5. Balances not to lapse.

§21A-9-5a. Special administration fund.

§21A-9-6. Treasurer's bond.

§21A-9-7. Employment service account.

§21A-9-8. Reimbursement of fund.

§21A-9-9. Reed Act appropriations.

§21A-9-9a. Repealed. Acts, 1996 Reg. Sess., Ch. 252.

CHAPTER 21A, ARTICLE 10. GENERAL PROVISIONS.

§21A-10-1. Agreements to waive rights or pay employer's contribution invalid.

§21A-10-2. Assignment of benefits invalid; exemption from process; exception.

§21A-10-3. Limitation of fees.

§21A-10-4. Records and reports; preservation; copies; admissibility; destruction.

§21A-10-5. Right to representation by counsel or agent; fees.

§21A-10-6. Self-incrimination; perjury.

§21A-10-7. False representations; penalties.

§21A-10-8. Recovery of benefits paid on misrepresentation; limitations.

§21A-10-9. Penalty for deducting employer's contribution or requiring waiver of right.

§21A-10-10. General penalty.

§21A-10-11. Reporting requirements and required information; use of information; libel and slander actions prohibited.

§21A-10-12. Representation of state in civil actions.

§21A-10-13. Prosecution and jurisdiction of criminal actions.

§21A-10-14. Liability of state for benefits limited to unemployment compensation fund.

§21A-10-15. Severability.

§21A-10-16. Inconsistent acts repealed.

§21A-10-17. Right to amend or repeal chapter; application of certain provisions.

§21A-10-18. Change of federal payroll tax.

§21A-10-19. Disclosure of information to child support agencies.

§21A-10-20. Disclosure of information to food stamp agencies.

§21A-10-21. Recovery of benefits paid through error; limitation.

§21A-10-22. Disclosure of information to department of housing and urban development.

§21A-10-23. Creation of Unemployment Compensation Insurance Fraud Unit; purpose; duties; and personnel qualifications.

§21A-10-24. List of services and support available to individuals who are qualified to receive federal, federal-state, or state assistance.

CHAPTER 21A, ARTICLE 11. LIMITATIONS ON CERTAIN PROVISIONS.

§21A-11-1. Expiration of certain provisions upon certain contingencies.

CHAPTER 22. ENVIRONMENTAL RESOURCES.

CHAPTER 22, ARTICLE 1. DEPARTMENT OF ENVIRONMENTAL PROTECTION.

§22-1-1. Legislative findings; legislative statement of policy and purpose.

§22-1-2. Definitions.

§22-1-3. Rulemaking generally; relationship to federal programs.

§22-1-3a. Rules -- New or amended environmental provisions.

§22-1-4. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§22-1-5. Jurisdiction vested in division.

§22-1-6. Secretary of the Department of Environmental Protection.

§22-1-7. Offices within division.

§22-1-7a. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§22-1-8. Supervisory officers.

§22-1-8a. General powers and duties of the Director of the Division of Mines and Minerals.

§22-1-9. Environmental Protection Advisory Council.

§22-1-10. Allocation of appropriations and effect on personnel.

§22-1-11. Saving provisions.

§22-1-12. Public information.

§22-1-13. Notification of permitting decisions.

§22-1-14. Stream restoration fund; creation; special account; purposes and expenditures.

§22-1-15. Laboratory certification; rules; fees; revocation and suspension; environmental laboratory certification fund; programs affected; and appeals.

§22-1-16. Time for commencing proceedings.

§22-1-17. Special reclamation fund advisory council.

CHAPTER 22, ARTICLE 1A. PRIVATE REAL PROPERTY PROTECTION.

§22-1A-1. Short title.

§22-1A-2. Legislative findings and purpose.

§22-1A-3. Actions by Division of Environmental Protection; requirement for assessment.

§22-1A-4. Buffer zones.

§22-1A-5. Remedies.

§22-1A-6. Scope of application.

CHAPTER 22, ARTICLE 2. ABANDONED MINE LANDS AND RECLAMATION ACT.

§22-2-1. Short title.

§22-2-2. Legislative findings; intent and purpose of article; jurisdiction and authority of director.

§22-2-3. Definitions.

§22-2-4. Abandoned land reclamation fund and objectives of fund; lands eligible for reclamation.

§22-2-5. Powers and duties of director; program plans and reclamation projects.

§22-2-6. Acquisition and reclamation of land adversely affected by past coal surface-mining practices.

§22-2-7. Liens against reclaimed land; petition by landowner; appeal; priority of liens.

§22-2-8. Filling voids and sealing tunnels.

§22-2-9. General and miscellaneous powers and duties of director; cooperative agreements; injunctive relief; water treatment plants and facilities; transfer of funds and interagency cooperation.

§22-2-10. Benefits derived from substances separated by treatment of pollution from mine drainage in the waters of the state; public policy; legislative findings, intent, and purpose; severability.

CHAPTER 22, ARTICLE 3. SURFACE COAL MINING AND RECLAMATION ACT.

§22-3-1. Short title.

§22-3-2. Legislative findings and purpose; jurisdiction vested in Division of Environmental Protection; authority of secretary; inter-departmental cooperation.

§22-3-3. Definitions.

§22-3-4. Reclamation; duties and functions of secretary.

§22-3-5. Surface mining reclamation supervisors and inspectors; appointment and qualifications; salary.

§22-3-6. Duties of surface mining reclamation inspectors and inspectors in training.

§22-3-7. Notice of intention to prospect, requirements therefor; bonding; secretary's authority to deny or limit; postponement of reclamation; prohibited acts; exceptions.

§22-3-8. Prohibition of surface mining without a permit; permit requirements; successor in interest; duration of permits; proof of insurance; termination of permits; permit fees.

§22-3-9. Permit application requirements and contents.

§22-3-10. Reclamation plan requirements.

§22-3-11. Bonds; amount and method of bonding; bonding requirements; special reclamation tax and funds; prohibited acts; period of bond liability.

§22-3-11a. Special reclamation tax; clarification of imposition of tax; procedures for collection and administration of tax; application of Tax Procedure and Administration Act and Tax Crimes and Penalties Act.

§22-3-12. Site-specific bonding; legislative rule; contents of legislative rule; legislative intent.

§22-3-13. General environmental protection performance standards for surface mining; variances.

§22-3-13a. Preblast survey requirements.

§22-3-14. General environmental protection performance standards for the surface effects of underground mining; application of other provisions of article to surface effects of underground mining.

§22-3-15. Inspections; monitoring; right of entry; inspection of records; identification signs; progress maps.

§22-3-16. Cessation of operation by order of inspector; informal conference; imposition of affirmative obligations; appeal.

§22-3-17. Notice of violation; procedure and actions; enforcement; permit revocation and bond forfeiture; civil and criminal penalties; appeals to the board; prosecution; injunctive relief.

§22-3-18. Approval, denial, revision and prohibition of permit.

§22-3-19. Permit revision and renewal requirements; incidental boundary revisions; requirements for transfer; assignment and sale of permit rights; operator reassignment; and procedures to obtain inactive status.

§22-3-20. Public notice; written objections; public hearings; informal conferences.

§22-3-21. Decision of secretary on permit application; hearing thereon.

§22-3-22. Designation of areas unsuitable for surface mining; petition for removal of designation; prohibition of surface mining on certain areas; exceptions; taxation of minerals underlying land designated unsuitable.

§22-3-22a. Blasting restrictions; site specific blasting design requirement.

§22-3-23. Release of bond or deposits; application; notice; duties of secretary; public hearings; final maps on grade release.

§22-3-24. Water rights and replacement; waiver of replacement.

§22-3-25. Citizen suits; order of court; damages.

§22-3-26. Surface mining operations not subject to article.

§22-3-27. Leasing of lands owned by state for surface mining of coal.

§22-3-28. Special permits authorization for reclamation of existing abandoned coal processing waste piles; coal extraction pursuant to a government-financed reclamation contract; coal extraction as an incidental part of development of land for commercial, residential, industrial or civic use; no cost reclamation contract.

§22-3-29. Experimental practices.

§22-3-30. Certification and training of blasters.

§22-3-30a. Blasting requirements; liability and civil penalties in the event of property damage.

§22-3-31. Conflict of interest prohibited; criminal penalties therefor; employee protection.

§22-3-32. Special tax on coal production; mines and minerals operations fund.

§22-3-32a. Special tax on coal; clarification of imposition of tax; procedures for collection and administration of tax.

§22-3-33. Attorney fees and costs.

§22-3-34. Office of explosives and blasting terminated; transfer of functions; responsibilities, personnel and assets.

§22-3-35. Legislative rules on surface-mining blasting; disciplinary procedures for certified blasters.

§22-3-36. Claims process for blasting.

§22-3-37. Rules, orders and permits to remain in effect regarding blasting; proceedings not affected.

§22-3-38. Transfer of personnel and assets.

§22-3-39. Benefits derived from substances separated by treatment of pollution from mine drainage in the waters of the state; applicability.

CHAPTER 22, ARTICLE 3A. OFFICE OF EXPLOSIVES AND BLASTING.

§22-3A-1 Repealed. Acts, 2016 Reg. Sess., Ch. 106

§22-3A-2 Repealed. Acts, 2016 Reg. Sess., Ch. 106

§22-3A-3 Repealed. Acts, 2016 Reg. Sess., Ch. 106

§22-3A-4 Repealed. Acts, 2016 Reg. Sess., Ch. 106

§22-3A-5 Repealed. Acts, 2016 Reg. Sess., Ch. 106

§22-3A-6 Repealed. Acts, 2016 Reg. Sess., Ch. 106

§22-3A-7 Repealed. Acts, 2016 Reg. Sess., Ch. 106

§22-3A-8 Repealed. Acts, 2016 Reg. Sess., Ch. 106

§22-3A-9 Repealed. Acts, 2016 Reg. Sess., Ch. 106

§22-3A-10 Repealed. Acts, 2016 Reg. Sess., Ch. 106

§22-3A-11. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 22, ARTICLE 4. QUARRY RECLAMATION ACT.

§22-4-1. Short title.

§22-4-2. Legislative findings.

§22-4-3. Definitions.

§22-4-4. Director of the Division of Environmental Protection; powers and duties.

§22-4-5. Quarry permit requirements.

§22-4-6. Application review, public notice and comment, and permit approval.

§22-4-7. Denial of quarry permit.

§22-4-8. Limitations; mandamus.

§22-4-9. Permit renewals and revisions.

§22-4-10. Modification of permits.

§22-4-11. Transfer of permits.

§22-4-12. Preblast survey requirements.

§22-4-13. Blasting restrictions; blasting formula; filing preplan; site specific blasting requirements; penalties; notice.

§22-4-14. Performance standards.

§22-4-15. Groundwater protection.

§22-4-16. Water rights and replacement; waiver of replacement.

§22-4-17. Quarrying and reclamation plan.

§22-4-18. Land reclamation requirements.

§22-4-19. Time period for reclamation.

§22-4-20. Fiscal responsibility.

§22-4-21. Release of bonds.

§22-4-22. Bond pooling fund.

§22-4-23. Quarry reclamation fund.

§22-4-24. Orders, inspections and enforcement; permit revocation, damages, civil and criminal penalties.

§22-4-25. Appeals to board.

§22-4-26. Required fees, quarry inspection and enforcement fund.

§22-4-27. Exception for certain existing quarries.

§22-4-28. Persons ineligible for a permit.

§22-4-29. Exemptions.

CHAPTER 22, ARTICLE 5. AIR POLLUTION CONTROL.

§22-5-1. Declaration of policy and purpose.

§22-5-2. Definitions.

§22-5-3. Causing statutory pollution unlawful; article not to provide persons with additional legal remedies.

§22-5-4. Powers and duties of director; and legal services; rules.

§22-5-5. Issuance of cease and desist orders by director; service; permit suspension, modification and revocation; appeals to board.

§22-5-6. Penalties; recovery and disposition; duties of prosecuting attorneys.

§22-5-7. Applications for injunctive relief.

§22-5-8. Emergencies.

§22-5-9. Powers reserved to Secretary of the Department of Health, Commissioner of Bureau for Public Health, local health boards and political subdivisions; conflicting statutes repealed.

§22-5-10. Records, reports, data or information; confidentiality; proceedings upon request to inspect or copy.

§22-5-11. Construction, modification or relocation permits required for stationary sources of air pollutants.

§22-5-11a. Activities authorized in advance of permit issuance.

§22-5-11b. Construction and operating permits required for natural gas electric generation facilities as stationary sources of air pollutants.

§22-5-11c. Construction and operating permits required for coal electric generation facilities as stationary sources of air pollutants.

§22-5-12. Operating permits required for stationary sources of air pollution.

§22-5-13. Consolidation of permits.

§22-5-14. Administrative review of permit actions.

§22-5-15. Motor vehicle pollution, inspection and maintenance.

§22-5-16. Small business environmental compliance assistance program, compliance advisory panel.

§22-5-17. Interstate ozone transport.

§22-5-18. Market-based banking and trading programs, emissions credits; director to promulgate rules.

§22-5-19. Inventory of greenhouse gases.

§22-5-20. Development of a state plan relating to carbon dioxide emissions from existing fossil fuel-fired electric generating units.

CHAPTER 22, ARTICLE 6. OFFICE OF OIL AND GAS; OIL AND GAS WELLS; ADMINISTRATION; ENFORCEMENT.

§22-6-1. Definitions.

§22-6-2. Secretary – powers and duties generally; department records open to public; inspectors.

§22-6-2a. Oil and gas inspectors qualifications and salary.

§22-6-3. Findings and orders of inspectors concerning violations; determination of reasonable time for abatement; extensions of time for abatement; special inspections; notice of findings and orders.

§22-6-4. Review of findings and orders by director; special inspection; annulment, revision, etc., of order; notice.

§22-6-5. Requirements for findings, orders and notices; posting of findings and orders; judicial review of final orders of director.

§22-6-6. Permit required for well work; permit fee; application; soil erosion control plan.

§22-6-7. Water pollution control permits; powers and duties of the director; penalties.

§22-6-8. Permits not to be on flat well royalty leases; legislative findings and declarations; permit requirements.

§22-6-9. Notice to property owners.

§22-6-10. Procedure for filing comments; certification of notice.

§22-6-11. Review of application; issuance of permit in the absence of objections; copy of permits to county assessor.

§22-6-12. Plats prerequisite to drilling or fracturing wells; preparation and contents; notice and information furnished to coal operators, owners or lessees; issuance of permits; performance bonds or securities in lieu thereof; bond forfeiture.

§22-6-13. Notice to coal operators, owners or lessees and director of intention to fracture certain other wells; contents of such notice; bond; permit required.

§22-6-14. Plats prerequisite to introducing liquids or waste into wells; preparation and contents; notice and information furnished to coal operators, owners or lessees and director; issuance of permits; performance bonds or security in lieu thereof.

§22-6-15. Objections to proposed drilling of deep wells and oil wells; objections to fracturing; notices and hearings; agreed locations or conditions; indication of changes on plats, etc.; issuance of permits.

§22-6-16. Objections to proposed drilling or converting for introducing liquids or waste into wells; notices and hearings; agreed location or conditions; indication of changes on plats, etc.; issuance of permits; docket of proceeding.

§22-6-17. Objections to proposed drilling of shallow gas wells; notice to chair of review board; indication of changes on plats; issuance of permits.

§22-6-18. Protective devices -- When well penetrates workable coal bed; when gas is found beneath or between workable coal beds.

§22-6-19. Same -- Continuance during life of well; dry or abandoned wells.

§22-6-20. Same -- When well is drilled through horizon of coalbed from which coal has been removed.

§22-6-21. Same -- Installation of fresh water casings.

§22-6-22. Well report, logs, core samples, and cuttings to be filed; confidentiality and permitted use; authority to promulgate rules; reporting of production data for horizontal wells.

§22-6-23. Plugging, abandonment and reclamation of well; notice of intention; bonds; affidavit showing time and manner.

§22-6-24. Methods of plugging well.

§22-6-25. Introducing liquid pressure into producing strata to recover oil contained therein.

§22-6-26. Performance bonds; corporate surety or other security.

§22-6-27. Cause of action for damages caused by explosions.

§22-6-28. Supervision by director over drilling and reclamation operations; complaints; hearings; appeals.

§22-6-29. Operating permit and processing fund; special reclamation fund; fees.

§22-6-29a. Oil and Gas Abandoned Well Plugging Fund.

§22-6-30. Reclamation requirements.

§22-6-31. Preventing waste of gas; plan of operation required for wasting gas in process of producing oil; rejection thereof.

§22-6-32. Right of adjacent owner or operator to prevent waste of gas; recovery of cost.

§22-6-33. Restraining waste.

§22-6-34. Offenses; penalties.

§22-6-35. Civil action for contamination or deprivation of fresh water source or supply; presumption.

§22-6-36. Declaration of oil and gas notice by owners and lessees of coal seams.

§22-6-37. Rules, orders and permits remain in effect.

§22-6-38. Application of article; exclusions.

§22-6-39. Injunctive relief.

§22-6-40. Appeal from order of issuance or refusal of permit to drill or fracture; procedure.

§22-6-41. Appeal from order of issuance or refusal of permit for drilling location for introduction of liquids or waste or from conditions of converting procedure.

CHAPTER 22, ARTICLE 6A. NATURAL GAS HORIZONTAL WELL CONTROL ACT.

§22-6A-1. Short title.

§22-6A-2. Legislative findings; declaration of public policy.

§22-6A-3. Applicability; exceptions.

§22-6A-3a. Karst terrain; rulemaking.

§22-6A-4. Definitions.

§22-6A-5. Application of article six of this chapter to horizontal wells subject to this article.

§22-6A-6. Secretary of Department of Environmental Protection; powers and duties.

§22-6A-7. Horizontal well permit required; permit fee; application; soil erosion control plan; well site safety plan; site construction plan; water management plan; permit fee; installation of permit number; suspension and transfer of a permit.

§22-6A-7a. Modifications of permits.

§22-6A-8. Review of application; issuance of permit; performance standards; copy of permits to county assessor.

§22-6A-9. Certificate of approval required for large pits or impoundment construction; certificate of approval and annual registration fees; application required to obtain certificate; term of certificate; revocation or suspension of certificates; appeals; farm ponds.

§22-6A-10. Notice to property owners.

§22-6A-10a. Method of Delivery of Notice.

§22-6A-11. Procedure for filing written comments; procedures for considering objections and comments; issues to be considered; and newspaper notice.

§22-6A-12. Well location restrictions.

§22-6A-13. Plugging of horizontal wells.

§22-6A-14. Reclamation requirements.

§22-6A-15. Performance bonds; corporate surety or other security.

§22-6A-16. Compensation of surface owners for drilling operations.

§22-6A-17. Reimbursement of property taxes of encumbered properties.

§22-6A-18. Civil action for contamination or deprivation of fresh water source or supply; presumption; water rights and replacement; waiver of replacement.

§22-6A-19. Offenses; civil and criminal penalties.

§22-6A-20. Division of Highways certification.

§22-6A-21. Establishment of public website information and electronic notification registry regarding horizontal well permit applications.

§22-6A-22. Air quality study and rulemaking.

§22-6A-23. Impoundment and pit safety study; rulemaking.

§22-6A-24. Casing and cement standards.

CHAPTER 22, ARTICLE 6B. OIL AND GAS HORIZONTAL WELL PRODUCTION DAMAGE COMPENSATION.

§22-6B-1. Legislative findings and purpose; applicability.

§22-6B-2. Definitions.

§22-6B-3. Compensation of surface owners for drilling operations.

§22-6B-4. Common law right of action preserved; offsets.

§22-6B-5. Notification of claim.

§22-6B-6. Agreement; offer of settlement.

§22-6B-7. Rejection; legal action; arbitration; fees and costs.

§22-6B-8. Application of article.

CHAPTER 22, ARTICLE 7. OIL AND GAS PRODUCTION DAMAGE COMPENSATION.

§22-7-1. Legislative findings and purpose.

§22-7-2. Definitions.

§22-7-3. Compensation of surface owners for drilling operations.

§22-7-4. Common law right of action preserved; offsets.

§22-7-5. Notification of claim.

§22-7-6. Agreement; offer of settlement.

§22-7-7. Rejection; legal action; arbitration; fees and costs.

§22-7-8. Application of article.

CHAPTER 22, ARTICLE 8. TRANSPORTATION OF OILS.

§22-8-1. Scope of article.

§22-8-2. Duty of pipeline companies to accept and transport oil.

§22-8-3. Oil of 35 degrees Baume at 60 degrees Fahrenheit; inspection, grading and measurement; receipt; deduction for waste.

§22-8-4. Oil over 35 degrees Baume at 60 degrees Fahrenheit; inspection and measurement; loss.

§22-8-5. Lien for charges.

§22-8-6. Accepted orders and certificates for oil -- Negotiability.

§22-8-7. Same -- Further provisions.

§22-8-8. Dealing in oil without consent of owner.

§22-8-9. Monthly statements.

§22-8-10. Statements of amount of oil.

§22-8-11. Penalty -- Wrongful issuance, sale or alteration of receipts, orders, etc.

§22-8-12. Same -- Dealing in oil without consent of owner in interest.

§22-8-13. Same -- Failure to make report and statement.

CHAPTER 22, ARTICLE 9. UNDERGROUND GAS STORAGE RESERVOIRS.

§22-9-1. Definitions.

§22-9-2. Filing of maps and data by persons operating or proposing to operate gas storage reservoirs.

§22-9-3. Filing of maps and data by persons operating coal mines.

§22-9-4. Notice by persons operating coal mines.

§22-9-5. Obligations to be performed by persons operating storage reservoirs.

§22-9-6. Inspection of facilities and records; reliance on maps; burden of proof.

§22-9-7. Exemptions.

§22-9-8. Alternative method.

§22-9-9. Powers and duties of director.

§22-9-10. Conferences, hearings and appeals.

§22-9-11. Enforcement.

§22-9-12. Penalties.

§22-9-13. Orders remain in effect.

CHAPTER 22, ARTICLE 10. ABANDONED WELL ACT.

§22-10-1. Short title.

§22-10-2. Legislative findings; legislative statement of policy and purpose.

§22-10-3. Definitions.

§22-10-4. Financial responsibility -- Applicability.

§22-10-5. Financial responsibility -- Amount.

§22-10-6. Establishment of priorities for plugging expenditures.

§22-10-7. Right of interested person to plug, replug and reclaim abandoned wells.

§22-10-8. Arbitration; fees and costs.

§22-10-9. Civil penalties.

§22-10-10. Rulemaking; procedure; judicial review.

§22-10-11. Existing rights and remedies preserved.

§22-10-12. Provisions of article supplemental.

CHAPTER 22, ARTICLE 11. WATER POLLUTION CONTROL ACT.

§22-11-1. Short title.

§22-11-2. Declaration of policy.

§22-11-3. Definitions.

§22-11-4. General powers and duties of director with respect to pollution.

§22-11-5. Water areas beautification; investigations; law enforcement.

§22-11-6. Requirement to comply with standards of water quality and effluent limitations.

§22-11-7. Cooperation with other governments and agencies.

§22-11-7a. Certification agreements; required provisions.

§22-11-7b. Water quality standards; implementation of antidegradation procedures; procedure to determine comp1iance with the biologic component of the narrative water quality standard.

§22-11-8. Prohibitions; permits required.

§22-11-9. Form of application for permit; information required.

§22-11-10. Water Quality Management Fund established; permit application fees; annual permit fees; dedication of proceeds; rules.

§22-11-11. Procedure concerning permits required under article; transfer of permits; prior permits.

§22-11-12. Inspections; orders to compel compliance with permits; service of orders.

§22-11-13. Voluntary water quality monitors; appointment; duties; compensation.

§22-11-14. Information to be filed by certain persons with division; tests.

§22-11-15. Orders of director to stop or prevent discharges or deposits or take remedial action; service of orders.

§22-11-16. Compliance with orders of director.

§22-11-17. Power of eminent domain; procedures; legislative finding.

§22-11-18. Duty to proceed with remedial action promptly upon receipt of permit; progress reports required; finances and funds.

§22-11-19. Emergency orders.

§22-11-20. Control by state as to pollution; continuing jurisdiction.

§22-11-21. Appeal to environmental quality board.

§22-11-22. Civil penalties and injunctive relief; administrative penalties.

§22-11-22a. Civil penalties and injunctive relief; civil administrative penalties for coal mining operations.

§22-11-23. Priority of actions.

§22-11-24. Violations; criminal penalties.

§22-11-25. Civil liability; Natural Resources Game Fish and Aquatic Life Fund; use of funds.

§22-11-26. Exceptions as to criminal liabilities.

§22-11-27. Existing rights and remedies preserved; article for benefit of state only.

§22-11-28. Functions, services and reports of director of the division; obtaining information from others.

§22-11-29. Reimbursement of response costs.

§22-11-30. Chesapeake Bay Restoration Initiative.

CHAPTER 22, ARTICLE 11A. CARBON DIOXIDE SEQUESTRATION PILOT PROGRAM.

§22-11A-1. Legislative findings.

§22-11A-2. Definitions.

§22-11A-3. Prohibition of underground carbon dioxide sequestration without a permit; injection of carbon dioxide for the purpose of enhancing the recovery of oil or other minerals not subject to the provisions of this article, application to existing sequestration sites.

§22-11A-4. General powers and duties of the secretary with respect to carbon dioxide sequestration.

§22-11A-5. Permit application requirements and contents; permit application fees.

§22-11A-6. Carbon dioxide sequestration working group.

§22-11A-7. Reporting and accountability.

§22-11A-8. Oil, natural gas and coalbed methane activities at carbon dioxide sequestration sites; extraction of sequestered carbon dioxide.

§22-11A-9. Cooperative agreements.

CHAPTER 22, ARTICLE 11B. UNDERGROUND CARBON DIOXIDE SEQUESTRATION AND STORAGE.

§22-11B-1. Statement of Purpose.

§22-11B-2. Definitions.

§22-11B-3. Prohibition of underground carbon dioxide sequestration without a permit; injection of carbon dioxide for the purpose of enhancing the recovery of oil or other minerals not subject to the provisions of this article.

§22-11B-4. Permit application requirements and contents; application fee, required findings, and rulemaking.

§22-11B-5. Public participation in permit process, notices, public hearing.

§22-11B-6. Permit and order provisions; identification of agent.

§22-11B-7. Additional rulemaking authority.

§22-11B-8. Environmental protection, other law.

§22-11B-9. Oil, natural gas and coalbed methane activities at carbon dioxide sequestration sites; extraction of sequestered carbon dioxide.

§22-11B-10. Cooperative agreements.

§22-11B-11. Ownership of carbon dioxide.

§22-11B-12. Certificate of project completion, release, transfer of title and custody, filing.

§22-11B-13. Carbon Dioxide Storage Facility Administrative Fund.

§22-11B-14. Application fee, deposit, use in cooperative regulatory functions.

§22-11B-15. Carbon Dioxide Storage Facility Trust Fund.

§22-11B-16. Operation fee, use, report to legislature.

§22-11B-17. Determining storage amounts, carbon credits, fee.

§22-11B-18. Subsurface pore space or container space.

§22-11B-19. Co-tenants, ownership of pore space by multiple co-tenants and collective storage.

§22-11B-20. Funds to be held in trust for unknown or unlocatable owners.

§22-11B-21. Judicial Review.

CHAPTER 22, ARTICLE 11C. PFAS PROTECTION ACT.

§22-11C-1. Legislative Findings.

§22-11C-2. Definitions.

§22-11C-3. Identification of PFAS sources where PFAS has been detected in raw water sources for public drinking water systems.

§22-11C-4. Self-reporting of PFAS manufacture and use, monitoring of PFAS discharges, and establishment of PFAS water quality criteria.

CHAPTER 22, ARTICLE 12. GROUNDWATER PROTECTION ACT.

§22-12-1. Short title.

§22-12-2. Legislative findings, public policy and purposes.

§22-12-3. Definitions.

§22-12-4. Authority of Secretary to promulgate standards of purity and quality.

§22-12-5. Authority of other agencies; applicability.

§22-12-6. Lead agency designation; additional powers and duties.

§22-12-7. Groundwater coordinating committee; creation.

§22-12-8. Groundwater certification.

§22-12-9. Groundwater protection fees authorized; director to promulgate rules; dedication of fee proceeds; groundwater protection fund established; groundwater remediation fund established.

§22-12-10. Civil and criminal penalties; civil administrative penalties; dedication of penalty proceeds; injunctive relief; enforcement orders; hearings.

§22-12-11. Appeal procedures.

§22-12-12. Rule-making petition.

§22-12-13. Existing rights and remedies preserved; effect of compliance.

§22-12-14. Effective dates of provisions subject to federal approval.

CHAPTER 22, ARTICLE 13. NATURAL STREAMS PRESERVATION ACT.

§22-13-1. Short title.

§22-13-2. Declaration of public policy.

§22-13-3. Definitions.

§22-13-4. Establishment of natural stream preservation system.

§22-13-5. Designation of protected streams.

§22-13-6. General powers and duties of director with respect to protected streams.

§22-13-7. When permits required; when permits not to be issued.

§22-13-8. Application for permit; form of application; information required; fees.

§22-13-9. Procedure for issuance or denial of permit; transfer of permits.

§22-13-10. Inspections; orders to compel compliance with permits; service of order.

§22-13-11. Appeal to environmental quality board.

§22-13-12. Actions to abate nuisances; injunctive relief.

§22-13-13. Priority of actions.

§22-13-14. Violations; criminal penalties.

§22-13-15. Exceptions as to criminal liabilities.

CHAPTER 22, ARTICLE 14. DAM CONTROL ACT.

§22-14-1. Short title.

§22-14-2. Legislative findings; intent and purpose of article.

§22-14-3. Definition of terms used in article.

§22-14-4. General powers and duties of director; maximum fee established for certificates of approval and annual registration.

§22-14-5. Unlawful to place, construct, enlarge, alter, repair, remove or abandon dam without certificate of approval; application required to obtain certificate.

§22-14-6. Plans and specifications for dams to be in charge of registered professional engineer.

§22-14-7. Granting or rejecting applications for certificate of approval by division; publication of notice of application; hearing upon application.

§22-14-8. Content of certificates of approval for dams; revocation or suspension of certificates.

§22-14-9. Inspections during progress of work on dam.

§22-14-10. Procedures for handling emergencies involving dams; remedial actions to alleviate emergency; payment of costs of remedial actions to be paid by dam owner.

§22-14-11. Requirements for dams completed prior to effective date of this section.

§22-14-12. Dam owner not relieved of legal responsibilities by any provision of article.

§22-14-13. Offenses and penalties.

§22-14-14. Enforcement orders; hearings.

§22-14-15. Civil penalties and injunctive relief.

§22-14-16. Schedule of application fees established.

§22-14-17. Schedule of annual registration fees established.

§22-14-18. Continuation of dam safety fund; components of fund.

§22-14-19. Dam Safety Rehabilitation Revolving Fund established; disbursement of fund moneys.

§22-14-20. Dam Safety Rehabilitation Revolving Fund program.

§22-14-21. Collection of money due to the fund.

§22-14-22. Authority of Department of Environmental Protection for deficient dams that are privately owned by a noncompliant dam owner.

CHAPTER 22, ARTICLE 15. SOLID WASTE MANAGEMENT ACT.

§22-15-1. Purpose and legislative findings.

§22-15-2. Definitions.

§22-15-3. Special provision for wood waste.

§22-15-4. Authority of commissioner of bureau of public health.

§22-15-5. Powers and duties; rules and rulemaking.

§22-15-6. Fee for filing a certificate of site approval.

§22-15-7. Special provision for residential solid waste disposal.

§22-15-8. Limit on the size of solid waste facilities; rulemaking.

§22-15-9. Exemption for solid waste facility handling in excess of thirty thousand tons per month.

§22-15-10. Prohibitions; permits required.

§22-15-11. Solid waste assessment fee; penalties.

§22-15-12. Performance bonds; amount and method of bonding; bonding requirements; period of bond liability.

§22-15-13. Pre-siting notice.

§22-15-14. Limitations on permits; encouragement of recycling.

§22-15-15. Orders, inspections and enforcement; civil and criminal penalties.

§22-15-16. Appeal procedures.

§22-15-17. Limited extension of solid waste facility closure deadline.

§22-15-18. Condition on receiving permit.

§22-15-19. Municipal and commercial solid waste incineration and backhauling prohibited; exceptions.

§22-15-20. Sewage sludge management.

§22-15-21. Waste tire management.

§22-15-22. Sludge management.

§22-15-23. Water treatment plant sludge.

§22-15-24. Composting authorized.

CHAPTER 22, ARTICLE 15A. THE A. JAMES MANCHIN REHABILITATION ENVIRONMENTAL ACTION PLAN.

§22-15A-1. Legislative findings and purpose.

§22-15A-2. Definitions.

§22-15A-3. West Virginia litter control and recycling programs; transfer of programs and employees; additional duties of secretary; grants to counties and municipalities; and rules relating thereto.

§22-15A-3a. Creation of Adopt-A-Stream Program required.

§22-15A-4. Unlawful disposal of litter; civil and criminal penalty; Litter Control Fund; evidence; notice violations; litter receptacle placement; penalty; duty to enforce violations.

§22-15A-5. Litter pickup and removal; education; government recycling responsibilities; monitoring and evaluation; study commission; repeal; report to Legislature.

§22-15A-6. Assistance to solid waste authorities.

§22-15A-7. Pollution prevention and open dumps.

§22-15A-8. Waste tires prohibited in certain places; penalty.

§22-15A-9. Creation of the A. James Manchin Fund; proceeds from sale of waste tires; fee on issuance of certificate of title.

§22-15A-10. Department to administer funds for waste tire remediation; rules authorized; duties of secretary.

§22-15A-11. Disposal of waste tires.

§22-15A-12. Remediation; liability for remediation and court costs.

§22-15A-13. Injunctive relief; additional remedy.

§22-15A-14. Authority of Commissioner of Bureau for Public Health.

§22-15A-15. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§22-15A-16. Recycling goals.

§22-15A-17. Recycling plans.

§22-15A-18. Establishment of county recycling programs for solid waste; petition for referendum; ballot contents; election procedure; effect of such election.

§22-15A-19. Recycling assessment fee; regulated motor carriers; dedication of proceeds; criminal penalties.

§22-15A-20. Establishment of state recycling program for solid waste.

§22-15A-21. Procurement of recycled products.

§22-15A-22. Prohibition on the disposal of certain items; plans for the proper handling of said items required.

§22-15A-23. Recycling facilities exemption.

§22-15A-24. Covered manufacturers; prohibited sales; effective date.

§22-15A-25. Manufacturer registration; registration fees; creating the Covered Electronic Devices Takeback Fund.

§22-15A-26. Manufacturers' takeback programs.

§22-15A-27. Civil actions and administrative fines; powers and duties of secretary.

§22-15A-28. Retailer penalties.

§22-15A-29. Rulemaking.

§22-15A-30. Reclamation of Abandoned and Dilapidated Properties Program.

CHAPTER 22, ARTICLE 16. SOLID WASTE LANDFILL CLOSURE ASSISTANCE PROGRAM.

§22-16-1. Legislative findings and purpose.

§22-16-2. Definitions.

§22-16-3. Commercial solid waste landfill closure assistance program.

§22-16-4. Solid waste assessment fee; penalties.

§22-16-5. Solid waste management board empowered to issue solid waste closure revenue bonds, renewal notes and refunding bonds; requirements and manner of such issuance.

§22-16-6. Establishment of reserve funds, replacement and improvement funds and sinking funds; fiscal agent; purposes for use of bond proceeds; application of surplus.

§22-16-7. Legal remedies of bondholders.

§22-16-8. Bonds and notes not debt of state, county, municipality or of any political subdivision; expenses incurred pursuant to article.

§22-16-9. Solid waste closure revenue bonds lawful investments.

§22-16-10. Limitation on assistance.

§22-16-11. Application for closure assistance.

§22-16-12. Solid Waste Facility Closure Cost Assistance Fund; closure extension; reporting requirements.

§22-16-13. Promulgation of rules by director.

§22-16-14. Liability of owner or operator.

§22-16-15. Procedures for handling remedial actions; payment of costs of remedial actions to be paid by owner or operator.

§22-16-16. Right of entry.

§22-16-17. Authority of director to accept grants and gifts.

§22-16-18. Management and control of project.

CHAPTER 22, ARTICLE 17. UNDERGROUND STORAGE TANK ACT.

§22-17-1. Short title.

§22-17-2. Declaration of policy and purpose.

§22-17-3. Definitions.

§22-17-4. Designation of Division of Environmental Protection as the state underground storage tank program lead agency.

§22-17-5. Powers and duties of director; integration with other acts.

§22-17-6. Promulgation of rules and standards by director.

§22-17-7. Underground storage tank advisory committee; purpose.

§22-17-8. Notification requirements.

§22-17-9. Registration requirements; undertaking activities without registration.

§22-17-10. Financial responsibility.

§22-17-11. Performance standards for new underground storage tanks.

§22-17-12. Confidentiality.

§22-17-13. Inspections, monitoring and testing.

§22-17-14. Corrective action for underground petroleum storage tanks.

§22-17-15. Administrative orders; injunctive relief; requests for reconsideration.

§22-17-16. Civil penalties.

§22-17-17. Public participation.

§22-17-18. Appeal to environmental quality board.

§22-17-19. Disclosures required in deeds and leases.

§22-17-20. Appropriation of funds; Underground Storage Tank Administrative Fund.

§22-17-21. Leaking underground storage tank response fund.

§22-17-22. Underground Storage Tank Insurance Fund.

§22-17-23. Duplicative enforcement prohibited.

CHAPTER 22, ARTICLE 18. HAZARDOUS WASTE MANAGEMENT ACT.

§22-18-1. Short title.

§22-18-2. Declaration of policy.

§22-18-3. Definitions.

§22-18-4. Designation of Division of Environmental Protection as the state hazardous waste management lead agency.

§22-18-5. Powers and duties of director; integration with other acts; establishment of study of hazardous waste management.

§22-18-6. Promulgation of rules by director.

§22-18-7. Authority and jurisdiction of other state agencies.

§22-18-8. Permit process; undertaking activities without a permit.

§22-18-9. Corrective action.

§22-18-10. Public participation in permit process.

§22-18-11. Transition program for existing facilities.

§22-18-12. Confidential information.

§22-18-13. Inspections; right of entry; sampling; reports and analyses; subpoenas.

§22-18-14. Monitoring, analysis and testing.

§22-18-15. Enforcement orders; hearings.

§22-18-16. Criminal penalties.

§22-18-17. Civil penalties and injunctive relief.

§22-18-18. Imminent and substantial hazards; orders; penalties; hearings.

§22-18-19. Citizen suits; petitions for rulemaking; intervention.

§22-18-20. Appeal to Environmental Quality Board.

§22-18-21. Disclosures required in deeds and leases.

§22-18-22. Appropriation of funds; Hazardous Waste Management Fund.

§22-18-23. State program to be consistent with and equivalent to federal program.

§22-18-24. Duplication of enforcement prohibited.

§22-18-25. Financial responsibility provisions.

CHAPTER 22, ARTICLE 19. HAZARDOUS WASTE EMERGENCY RESPONSE FUND.

§22-19-1. Findings; purpose.

§22-19-2. Definitions.

§22-19-3. Hazardous Waste Emergency Response Fund; components of fund.

§22-19-4. Fee assessments; tonnage fees; due dates of payments; interest on unpaid fees.

§22-19-5. Director's responsibilities; fee schedules; authorized expenditures; other powers of director; authorizing civil actions; assistance of Attorney General or prosecuting attorney.

§22-19-6. State hazardous waste contingency plan.

CHAPTER 22, ARTICLE 20. ENVIRONMENTAL ADVOCATE.

§22-20-1. Appointment of environmental advocate; powers and duties; salary.

§22-20-2. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 22, ARTICLE 21. COALBED METHANE WELLS AND UNITS.

§22-21-1. Declaration of public policy; legislative findings.

§22-21-2. Definitions.

§22-21-3. Application of article; exclusions; application of chapter twenty-two-b to coalbed methane wells.

§22-21-4. Chief; powers and duties generally.

§22-21-5. Duties of the Coalbed Methane Review Board; meetings; notice, powers and duties generally.

§22-21-6. Permit required for coalbed methane well; permit fee; application; soil erosion control plan; penalties.

§22-21-7. Consent and agreement of coal owner or operator.

§22-21-8. Performance bonds; corporate surety or other security.

§22-21-9. Notice to owners.

§22-21-10. Procedure for filing comments.

§22-21-11. Objections or comments to coalbed methane wells by coal owner or operator; hearings.

§22-21-12. Review of application; issuance of permit in the absence of objections; copy of permits to county assessor.

§22-21-13. Review board hearing; findings; order.

§22-21-14. Protective devices required when a coalbed methane well penetrates workable coalbed; when a coalbed methane well is drilled through horizon of coalbed from which coal has been removed; notice of stimulation; results of stimulation.

§22-21-15. Drilling units and pooling of interests.

§22-21-16. Notice to owners.

§22-21-17. Review of application; hearing; pooling order; spacing; operator; elections; working interests, royalty interests, carried interests, escrow account for conflicting claims, division order.

§22-21-18. Operation on drilling units.

§22-21-19. Validity of unit agreements.

§22-21-20. Spacing.

§22-21-21. Dry or abandoned wells.

§22-21-22. Notice of plugging and reclamation of well; right to take well; objection; plugging order; plugging for mine-through.

§22-21-23. Method of plugging.

§22-21-24. Existing mining rights.

§22-21-25. Judicial review; appeal to Supreme Court of Appeals; legal representation for review board.

§22-21-26. Limitation on actions in trespass.

§22-21-27. Injunctive relief.

§22-21-28. Penalties.

§22-21-29. Construction.

CHAPTER 22, ARTICLE 22. VOLUNTARY REMEDIATION AND REDEVELOPMENT ACT.

§22-22-1. Legislative findings; legislative statement of purpose.

§22-22-2. Definitions.

§22-22-3. Rule-making authority of the Secretary.

§22-22-4. Voluntary remediation program; eligibility application and fee; information available to public; confidentiality of trade secrets; information; criminal penalties; requirements of site assessment; rejection or return of application; appeal of rejection.

§22-22-5. Brownfields Revolving Fund applicant eligibility; loans; remediation process; and public notification.

§22-22-6. Voluntary remediation administrative fund established; voluntary remediation fees authorized; Brownfields revolving fund established; disbursement of funds moneys; employment of specialized persons authorized.

§22-22-7. Voluntary remediation agreement; required use of licensed remediation specialist; required provisions of a voluntary remediation agreement; failure to reach agreement; appeal to the Environmental Quality Board; no enforcement action when subject of agreement.

§22-22-8. Voluntary remediation work plans and reports.

§22-22-9. Termination of agreement; cost of recovery; legal actions.

§22-22-10. Inspections; right of entry; sampling; reports and analyses.

§22-22-11. Licensed remediation specialist, licensure procedures.

§22-22-12. Enforcement orders for licensed remediation specialists; cease and desist order; criminal penalties.

§22-22-13. Certificate of completion.

§22-22-14. Land-use covenant; criminal penalties.

§22-22-15. Reopeners.

§22-22-16. Duty of assessor and citizens to notify Secretary when change of property use occurs.

§22-22-17. Public notification for brownfields.

§22-22-18. Environmental liability protection.

§22-22-19. Establishing and limiting the responsibilities of remediation contractors.

§22-22-20. Affirmative defenses.

§22-22-21. Savings clause.

CHAPTER 22, ARTICLE 22A. WEST VIRGINIA LIMITED LIABILITY FOR PERSONS RESPONDING TO OIL DISCHARGES ACT.

§22-22A-1. Short title.

§22-22A-2. Definitions.

§22-22A-3. Exemption from liability.

CHAPTER 22, ARTICLE 22B. UNIFORM ENVIRONMENTAL COVENANTS ACT.

§22-22B-1. Short title.

§22-22B-2. Definitions.

§22-22B-3. Nature of rights; subordination of interests.

§22-22B-4. Contents of environmental covenant.

§22-22B-5. Validity; effect on other instruments.

§22-22B-6. Relationship to other land-use law.

§22-22B-7. Notice.

§22-22B-8. Recording.

§22-22B-9. Duration; amendment by court action.

§22-22B-10. Amendment or termination by consent.

§22-22B-11. Enforcement of environmental covenant.

§22-22B-12. Uniformity of application and construction.

§22-22B-13. Relation to Electronic Signatures in Global and National Commerce Act.

§22-22B-14. Severability.

CHAPTER 22, ARTICLE 23. KYOTO PROTOCOL; ENFORCEMENT PROHIBITIONS.

§22-23-1. Findings and purposes.

§22-23-2. Restrictions on state rules related to greenhouse gas emissions.

CHAPTER 22, ARTICLE 23A. ENVIRONMENTAL IMPACT STATEMENT.

§22-23A-1. Findings.

§22-23A-2. Requiring Department of Environmental Protection to refrain from implementing or adopting rules or making certain commitments absent legislative approval; reporting required.

CHAPTER 22, ARTICLE 24. SMALL BUSINESS ENVIRONMENTAL LOAN PROGRAM.

§22-24-1. Legislative findings, intent and purpose.

§22-24-2. Definitions.

§22-24-3. Loan application requirements.

§22-24-4. Loan conditions.

§22-24-5. Small business environmental revolving loan account.

§22-24-6. Loan processing.

CHAPTER 22, ARTICLE 25. ENVIRONMENTAL EXCELLENCE PROGRAM.

§22-25-1. Legislative findings.

§22-25-2. Purpose.

§22-25-3. Definitions.

§22-25-4. Powers and duties of the department.

§22-25-5. Eligibility and application requirements.

§22-25-6. Application review and authority to enter into environmental performance agreement.

§22-25-7. Judicial review of department decision on acceptance of application to participate in the environmental excellence program.

§22-25-8. Withdrawal, enforcement and termination from the program.

§22-25-9. Incentives.

§22-25-10. Environmental performance agreements; contents, and specifications.

§22-25-11. Recovery of costs to department in developing, negotiating and publicizing environmental performance agreement; deposition of moneys collected; creation of environmental excellence program administrative fund.

§22-25-12. Public participation.

§22-25-13. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 22, ARTICLE 26. WATER RESOURCES PROTECTION ACT.

§22-26-1. Short title; legislative findings.

§22-26-2. Definitions.

§22-26-3. Waters claimed by state; water resources protection survey; registration requirements; agency cooperation; information gathering.

§22-26-4. Confidentiality.

§22-26-5. Joint Legislative Oversight Commission on State Water Resources.

§22-26-6. Mandatory survey and registration compliance.

§22-26-7. Secretary authorized to log wells; collect data.

§22-26-8. State Water Resources Management Plan; powers and duty of secretary.

§22-26-9. Regional water resources management plans; critical planning areas.

CHAPTER 22, ARTICLE 27. ENVIRONMENTAL GOOD SAMARITAN ACT.

§22-27-1. Declaration of policy and purpose.

§22-27-2. Legislative findings.

§22-27-3. Definitions.

§22-27-4. Eligibility and project inventory.

§22-27-5. Landowner liability limitation and exceptions.

§22-27-6. Project sponsor liability limitation and exceptions.

§22-27-7. Permits and zoning.

§22-27-8. Relationship to federal and state programs.

§22-27-9. General permits.

§22-27-10. Exceptions.

§22-27-11. Water supply replacement.

§22-27-12. Rules.

CHAPTER 22, ARTICLE 28. COMMUNITY INFRASTRUCTURE INVESTMENT PROJECTS.

§22-28-1. Legislative findings.

§22-28-2. Definitions.

§22-28-3. Creation of community infrastructure investment project; certificate of appropriateness; rule-making authority.

§22-28-4. Community infrastructure investment agreements; report to Joint Committee on Government and Finance.

§22-28-5. Authority of the Department of Environmental Protection and Division of Health not affected.

§22-28-6. Time for approval.

§22-28-7. Fees.

§22-28-8. Exemption from Public Service Commission approval.

§22-28-9. Rule-making authority.

CHAPTER 22, ARTICLE 29. GREEN BUILDINGS MINIMUM ENERGY STANDARDS.

§22-29-1. Short title and effective date.

§22-29-2. Findings and purpose.

§22-29-3. Definitions.

§22-29-4. Minimum energy standards for new building construction projects of public agencies.

CHAPTER 22, ARTICLE 30. THE ABOVEGROUND STORAGE TANK ACT.

§22-30-1. Short title.

§22-30-2. Legislative findings.

§22-30-3. Definitions.

§22-30-4. Inventory and registration of existing aboveground storage tanks.

§22-30-5. Aboveground Storage Tank Regulatory Program.

§22-30-6. Evaluation and certification.

§22-30-7. Financial responsibility.

§22-30-8. Corrective action.

§22-30-9. Spill prevention and response plan.

§22-30-10. Notice to local governments and water companies.

§22-30-11. Required signage.

§22-30-12. Aboveground Storage Tank Administrative Fund.

§22-30-13. Protect Our Water Fund.

§22-30-14. Public access to information.

§22-30-15. Inspections, monitoring and testing.

§22-30-16. Administrative orders; injunctive relief.

§22-30-17. Civil and criminal penalties.

§22-30-18. Appeal to Environmental Quality Board.

§22-30-19. Duplicative enforcement prohibited.

§22-30-20. Reporting and accountability.

§22-30-21. Interagency cooperation.

§22-30-22. Imminent and substantial danger.

§22-30-23. Promulgation of rules.

§22-30-24. Powers and duties of secretary.

§22-30-25. Waiving certain requirements of this article for specified categories of aboveground storage tanks as designated by the department by legislative rule.

§22-30-26. Secretary's authority to require individual NPDES permits within a zone of critical concern.

CHAPTER 22, ARTICLE 31. THE PUBLIC WATER SUPPLY PROTECTION ACT.

§22-31-1. Short title.

§22-31-2. Public Water System Supply Study Commission.

§22-31-3. Repealed. Acts, 2015 Reg. Sess., Ch. 1.

§22-31-4. Repealed. Acts, 2015 Reg. Sess., Ch. 1.

§22-31-5. Repealed. Acts, 2015 Reg. Sess., Ch. 1.

§22-31-6. Repealed. Acts, 2015 Reg. Sess., Ch. 1.

§22-31-7. Repealed. Acts, 2015 Reg. Sess., Ch. 1.

§22-31-8. Repealed. Acts, 2015 Reg. Sess., Ch. 1.

§22-31-9. Repealed. Acts, 2015 Reg. Sess., Ch. 1.

§22-31-10. Repealed. Acts, 2015 Reg. Sess., Ch. 1.

§22-31-11. Repealed. Acts, 2015 Reg. Sess., Ch. 1.

§22-31-12. Repealed. Acts, 2015 Reg. Sess., Ch. 1.

CHAPTER 22, ARTICLE 32. THE WEST VIRGINIA WIND AND SOLAR ENERGY FACILITY RECLAMATION ACT.

§22-32-1. Legislative findings and purpose.

§22-32-2. Short title.

§22-32-3. Definitions.

§22-32-4. Bonding required.

§22-32-5. Wind and solar decommissioning account, bonds to be held.

§22-32-6. Bond release.

§22-32-7. Rulemaking.

§22-32-8. Decommissioning agreements.

CHAPTER 22, ARTICLE 33. GEOTHERMAL ENERGY DEVELOPMENT.

§22-33-1. Short title.

§22-33-2. Legislative findings; declaration of policy.

§22-33-3. Applicability; exceptions.

§22-33-4. Ownership of geothermal resources.

§22-33-5. Definitions.

§22-33-6. Geothermal resources permit required.

§22-33-7. Jurisdiction of the secretary; powers and duties; geothermal resources regulatory program.

§22-33-8. Civil penalties.

§22-33-9. Administrative orders; injunctive relief.

§22-33-10. Appeal to Environmental Quality Board.

§22-33-11. Judicial review.

§22-33-12. Rulemaking.

CHAPTER 22, ARTICLE 34. DEPARTMENT OF ENVIRONMENTAL PROTECTION DESIGN-BUILD PILOT PROGRAM.

§22-34-1. Short title.

§22-34-2. West Virginia Department of Environmental Protection Design-Build Program.

§22-34-3. Invitation for bids.

§22-34-4. Acceptance of design-build bid.

§22-34-5. Report to the Legislature; sunset date.

CHAPTER 22, ARTICLE 36. ADMINISTRATION OF THE WEST VIRGINIA DRINKING WATER TREATMENT REVOLVING FUND.

§22-36-1. Definitions.

§22-36-2. Designation of Department of Environmental Protection as state instrumentality; rules; small systems; disadvantaged communities.

§22-36-3. West Virginia Drinking Water Treatment Revolving Fund; duties of Department of Environmental Protection and Water Development Authority; set-aside accounts.

§22-36-4. Management of funds.

§22-36-5. Remedies to enforce payment.

§22-36-6. Construction of article.

§22-36-7. Environmental review of funded projects.

CHAPTER 22A. MINERS' HEALTH, SAFETY AND TRAINING.

CHAPTER 22A, ARTICLE 1. OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING; ADMINISTRATION; ENFORCEMENT.

§22A-1-1. Continuation of the office of miners' health, safety and training; purpose.

§22A-1-2. Definitions.

§22A-1-3. Director of the Office of Miners' Health, Safety and Training.

§22A-1-4. Powers and duties of the Director of the Office of Miners' Health, Safety and Training.

§22A-1-5. Offices continued in the Office of Miners' Health, Safety and Training.

§22A-1-6. Director's authority to promulgate rules.

§22A-1-7. Savings provisions.

§22A-1-8. Mine inspectors; regions and districts; employment; tenure; oath.

§22A-1-9. Mine safety instructors; eligibility; qualifications; examinations; salary; provisions relating to underground mine inspectors applicable to mine safety instructors.

§22A-1-10. Mine inspectors may be appointed to fill vacancy in division.

§22A-1-11. Employment of electrical inspectors; eligibility; qualifications; examinations; salary; provisions relating to underground mine inspectors applicable to electrical inspectors.

§22A-1-12. Employment of underground mine inspectors; eligibility; qualifications; examinations; salary and expenses; reinstatement; removal.

§22A-1-13. Employment of surface mine inspectors; eligibility; qualifications; examinations; salary; provisions relating to underground mine inspectors applicable to surface mine inspectors.

§22A-1-13a. Study of mine inspector qualification, compensation, training and inspection programs.

§22A-1-14. Director and inspectors authorized to enter mines; duties of inspectors to examine mines; no advance notice of an inspection; reports after fatal accidents.

§22A-1-15. Findings, orders and notices.

§22A-1-16. Powers and duties of electrical inspectors as to inspections, findings and orders; reports of electrical inspectors.

§22A-1-17. Review of orders and notices by the director.

§22A-1-18. Posting of notices, orders and decisions; delivery to agent of operator; names and addresses to be filed by operators.

§22A-1-19. Judicial review.

§22A-1-20. Injunctions.

§22A-1-21. Penalties.

§22A-1-22. Discrimination.

§22A-1-23. Records and reports.

§22A-1-24. Mine foreman examiner for mine foremen-fire bosses and assistant mine foremen-fire bosses; salary.

§22A-1-25. Duties of mine foreman examiner.

§22A-1-26. Place and time for examinations.

§22A-1-27. Preparation of examinations; notice of intention to take examination; investigation of applicants.

§22A-1-28. Certificates of qualification heretofore granted.

§22A-1-29. Mine foreman examiner to certify successful applicants to director.

§22A-1-30. Record of examination.

§22A-1-31. Withdrawal of certification.

§22A-1-32. Certification of mine foreman or assistant mine foreman whose license to engage in similar activities suspended in another state.

§22A-1-33. Mine rescue stations; equipment.

§22A-1-34. Mine rescue crews.

§22A-1-35. Mine rescue teams.

§22A-1-36. Mandatory safety programs; penalties.

§22A-1-37. Certification of surface mine foremen.

§22A-1-38. Applicability and enforcement of laws safeguarding life and property; rules; authority of director regarding enforcing safety laws.

§22A-1-39. Reciprocity of mine foreman certification and experienced miner certification.

§22A-1-40. Reporting violations, accident investigations; witness interviews.

§22A-1-41. The Coal Jobs and Safety Act of 2015; legislative findings.

§22A-1-42. Surface ground control plan; automated external defibrillator.

§22A-1-43. Hold harmless clause; decision to enter mine.

§22A-1-44. Temporary exemption for environmental regulations.

CHAPTER 22A, ARTICLE 1A. OFFICE OF MINERS' HEALTH, SAFETY AND TRAINING; ADMINISTRATION; SUBSTANCE ABUSE.

§22A-1A-1. Substance abuse screening; minimum requirements; standards and procedures for screening.

§22A-1A-2. Board of Appeals hearing procedures.

§22A-1A-3. Disclosure of records exempt; exceptions.

§22A-1A-4. Effective date.

CHAPTER 22A, ARTICLE 2. UNDERGROUND MINES.

§22A-2-1. Supervision by professional engineer or licensed land surveyor; seal and certification; contents; extensions; repository; availability; traversing; copies; archive; final survey and map; penalties.

§22A-2-2. Submittal of detailed ventilation plan to director.

§22A-2-3. Fans.

§22A-2-4. Ventilation of mines in general.

§22A-2-4a. Use of belt air.

§22A-2-5. Unused and abandoned parts of mine.

§22A-2-6. Requirements for movement of off-track mining equipment in areas of active workings where energized trolley wires or trolley feeder wires are present; premovement requirements; certified and qualified persons.

§22A-2-7. When underground mine foreman-fire boss required; assistants; certification.

§22A-2-8. Duties; ventilation; loose coal, slate or rocks; props; drainage of water; man doors; instruction of apprentice miners.

§22A-2-9. Slopes, incline planes and haulage roads.

§22A-2-10. Signals on haulways; lights at mouth and bottom of shaft; operation of cages.

§22A-2-11. Boreholes.

§22A-2-12. Instruction of employees and supervision of apprentices; annual examination of persons using approved methane-detecting devices; records of examination; maintenance of methane detectors, etc.

§22A-2-13. Daily inspection of working places; records.

§22A-2-14. Safety inspections; removal of gases.

§22A-2-15. Dangerous places.

§22A-2-16. Examinations of reports of fire bosses.

§22A-2-17. Ascertainment, record and removal of all dangers.

§22A-2-18. Duty of mine foreman to notify operator when unable to comply with law; duty of operator.

§22A-2-19. Death or resignation of mine foreman; successor.

§22A-2-20. Preparation of danger signal by fire boss or certified person acting as such prior to examination; report; records open for inspection.

§22A-2-21. Fire bosses to have no superior officers.

§22A-2-22. Unlawful to enter mine until fire boss reports it safe; exceptions.

§22A-2-23. Authority of fire boss to perform other duties.

§22A-2-24. Control of coal dust; rock dusting.

§22A-2-25. Roof control programs and plans; refusal to work under unsupported roof.

§22A-2-26. Roof support; specific requirements.

§22A-2-27. Canopies or cabs; electric face equipment.

§22A-2-28. Equipment to conform with height of seam.

§22A-2-29. Use of authorized explosives; storage or use of unauthorized explosives.

§22A-2-30. Surface magazines for explosives.

§22A-2-31. Transportation of explosives.

§22A-2-32. Underground storage of explosives.

§22A-2-33. Preparation of shots; blasting practices.

§22A-2-34. Misfires of explosives.

§22A-2-35. Other blasting devices.

§22A-2-36. Hoisting machinery; telephones; safety devices; hoisting engineers and drum runners.

§22A-2-37. Haulage roads and equipment; shelter holes; prohibited practices; signals; inspection.

§22A-2-38. Transportation of miners by cars; self-propelled equipment; belts.

§22A-2-39. Belt conveyor; installation; maintenance; examination of belt conveyors and belt entries.

§22A-2-40. General provisions.

§22A-2-41. Bonding track used as power conductor.

§22A-2-42. Telephone service or communication facilities.

§22A-2-43. Actions to detect and respond to excess methane.

§22A-2-43a. Operation of cutting and mining machines; repair and maintenance of same.

§22A-2-44. Hand-held electric drills and rotating tools; trailing cables.

§22A-2-45. Installation of lighting.

§22A-2-46. Welding and cutting.

§22A-2-47. Responsibility for care and maintenance of face equipment.

§22A-2-48. When respiratory equipment to be worn; control of dust.

§22A-2-49. Safeguards for mechanical equipment.

§22A-2-50. Procurement of dust-tight electrical equipment; fireproof construction; dust control; repairs; welding; handrails and toeboards; protection of personnel on conveyors; back guards on ladders; walkways or safety devices around thickeners.

§22A-2-51. Housekeeping.

§22A-2-52. Storage of flammable liquids in lamphouse.

§22A-2-53. Smoking in and around surface structures.

§22A-2-53a. Railroad cars; dumping areas; other surface areas.

§22A-2-53b. Haulage or surface areas.

§22A-2-53c. Ramps; tipples; cleaning plants; other surface areas.

§22A-2-54. Duties of persons subject to article; rules and regulations of operators.

§22A-2-55. Protective equipment and clothing.

§22A-2-55a. Safety helmets.

§22A-2-56. Checking systems.

§22A-2-57. No act permitted endangering security of mine; search for intoxicants, matches, etc.

§22A-2-58. Fire protection.

§22A-2-59. First-aid equipment.

§22A-2-60. Accessible outlets; safe roadways for emergencies; accessibility of first aid equipment; use of special capsule for removal of personnel.

§22A-2-61. Coal storage bins; recovery tunnels; coal storage piles.

§22A-2-62. Thermal coal dryers and plants.

§22A-2-63. No mine to be opened or reopened without prior approval of the Director of the Office of Miners' Health, Safety and Training; certificate of approval; approval fees; extension of certificate of approval; certificates of approval not transferable; section to be printed on certificates of approval.

§22A-2-64. Sealing permanently closed or abandoned mines.

§22A-2-65. Mining close to abandoned workings.

§22A-2-66. Accident; notice; investigation by Office of Miners' Health, Safety and Training.

§22A-2-67. Written report of accident.

§22A-2-68. Preservation of evidence following accident or disaster.

§22A-2-69. Repealed. Acts, 2006 Reg. Sess., Ch. 154.

§22A-2-70. Shafts and slopes.

§22A-2-71. Right of miner to refuse to operate unsafe equipment; procedure; discrimination.

§22A-2-71a. Right of miner to refuse to work in an unsafe area or unsafe manner.

§22A-2-72. Long wall and short wall mining.

§22A-2-73. Construction of shafts, slopes, surface facilities and the safety hazards attendant therewith; duties of Board of Coal Mine Health and Safety to promulgate rules; time limits therefor.

§22A-2-74. Control of respirable dust.

§22A-2-75. Coal operators -- Procedure before operating near oil and gas wells.

§22A-2-76. Reopening old or abandoned mines.

§22A-2-77. Quarterly report by operator of mine; exception as to certain inactive mines.

§22A-2-78. Examinations to determine compliance with permits.

§22A-2-79. Provisions of article severable.

§22A-2-80. Existing regulations to be revised.

CHAPTER 22A, ARTICLE 2A. USE OF DIESEL-POWERED EQUIPMENT IN UNDERGROUND COAL MINES.

§22A-2A-101. Use of diesel-powered equipment authorized.

§22A-2A-102. Control of diesel safety and health hazards.

§22A-2A-201. Applicability of definitions.

§22A-2A-202. Board defined.

§22A-2A-203. Certificate of approval defined.

§22A-2A-204. Commission defined.

§22A-2A-204a. Director defined.

§22A-2A-205. Diesel fuel tank defined.

§22A-2A-206. Diesel fuel transportation unit defined.

§22A-2A-207. Diesel engine defined.

§22A-2A-208. Diesel power package defined.

§22A-2A-209. Exhaust emission defined.

§22A-2A-210. Exhaust emissions control and conditioning system defined.

§22A-2A-211. MSHA defined.

§22A-2A-212. Permanent underground diesel fuel storage facility defined.

§22A-2A-213. Safety can defined.

§22A-2A-214. Temporary underground diesel fuel storage area defined.

§22A-2A-301. The West Virginia Diesel Equipment Commission abolished; transfer of duties and responsibilities; transfer of equipment and records; continuation of prior approvals of diesel equipment for use in underground coal mines; continuation of rules of the commission.

§22A-2A-302. Repealed. Acts, 2015 Reg. Sess., Ch. 52.

§22A-2A-303. Repealed. Acts, 2015 Reg. Sess., Ch. 52.

§22A-2A-304. Repealed. Acts, 2015 Reg. Sess., Ch. 52.

§22A-2A-305. Repealed. Acts, 2015 Reg. Sess., Ch. 52.

§22A-2A-306. Repealed. Acts, 2015 Reg. Sess., Ch. 52.

§22A-2A-307. Repealed. Acts, 2015 Reg. Sess., Ch. 52.

§22A-2A-308. Director's authority to promulgate legislative rules; continuation of rules adopted by the commission.

§22A-2A-309. Director's authority to approve site-specific experimental testing prior to initial rules.

§22A-2A-310. Duties of director.

§22A-2A-401. General provisions relating to requirements for exhaust emissions.

§22A-2A-402. Approval of diesel power package or diesel engine.

§22A-2A-403. Exhaust emissions control and conditioning systems.

§22A-2A-404. Emissions monitoring and control.

§22A-2A-405. Exhaust gas monitoring and control.

§22A-2A-501. Ventilation.

§22A-2A-601. Specifications for fuel.

§22A-2A-602. Fuel storage facilities.

§22A-2A-603. Dispensing of diesel fuel.

§22A-2A-604. Location of fueling.

§22A-2A-701. Fire suppression systems for diesel-powered equipment and fuel transportation units.

§22A-2A-702. Fire suppression for storage areas.

§22A-2A-703. Use of certain starting aids regulated or prohibited.

§22A-2A-704. Fire and safety training.

§22A-2A-801. Maintenance of diesel-powered equipment.

§22A-2A-802. Training and qualification of persons working on diesel-powered equipment.

§22A-2A-803. Examination of equipment by operator.

§22A-2A-804. Scheduled maintenance.

§22A-2A-805. On-board performance and maintenance diagnostics systems.

§22A-2A-806. Diagnostic testing.

§22A-2A-807. Records.

§22A-2A-901. Training and general requirements.

§22A-2A-1001. Existing state rules to be revised.

CHAPTER 22A, ARTICLE 3. UNDERGROUND CLAY MINE.

§22A-3-1. Definition.

§22A-3-2. Clay mine foreman; when to be employed; qualifications; assistants.

§22A-3-3. Rules for protection of health and safety of employees.

CHAPTER 22A, ARTICLE 4. OPEN-PIT MINES, CEMENT MANUFACTURING PLANTS AND UNDERGROUND LIMESTONE AND SANDSTONE MINES.

§22A-4-1. Definitions.

§22A-4-2. Applicability of mining laws.

§22A-4-3. Rules.

§22A-4-4. Monthly report by operator.

§22A-4-5. Inspectors.

§22A-4-6. Penalties.

CHAPTER 22A, ARTICLE 5. BOARD OF APPEALS.

§22A-5-1. Board of appeals.

§22A-5-2. Powers transferred to the Board of Appeals.

CHAPTER 22A, ARTICLE 6. BOARD OF COAL MINE HEALTH AND SAFETY.

§22A-6-1. Declaration of legislative findings and purpose.

§22A-6-2. Definitions.

§22A-6-3. Board continued; membership; method of nomination and appointment; meetings; vacancies; quorum.

§22A-6-4. Board powers and duties.

§22A-6-5. Preliminary procedures for promulgation of rules.

§22A-6-6. Health and Safety Administrator; qualifications; duties; employees; compensation.

§22A-6-7. Coal Mine Safety and Technical Review Committee; membership; method of nomination and appointment; meetings; quorum; powers and duties of the committee; powers and duties of the Board of Coal Mine Health and Safety.

§22A-6-8. Effect of rules.

§22A-6-9. Reports.

§22A-6-10. Compensation and expenses of board members.

§22A-6-11. Study of methane detecting shut off devices.

§22A-6-12. Study of whistleblower protections.

§22A-6-13. Study of ingress and egress to bleeder and gob areas of longwall panels and pillar.

§22A-6-14. Study of mandatory substance abuse program.

CHAPTER 22A, ARTICLE 7. BOARD OF MINER TRAINING, EDUCATION AND CERTIFICATION.

§22A-7-1. Short title.

§22A-7-2. Board of Miner Training, Education and Certification abolished and duties imposed upon the Board of Coal Mine Health and Safety.

§22A-7-3. Definitions.

§22A-7-4. Board of Miner Training, Education and Certification continued; membership; method of appointment; terms.

§22A-7-5. Additional powers and duties of the Board of Coal Mine Health and Safety.

§22A-7-5a. Study of miner training and education.

§22A-7-6. Duties of the director and office.

§22A-7-7. Continuing education requirements for underground mine foreman-fire boss.

CHAPTER 22A, ARTICLE 8. CERTIFICATION OF UNDERGROUND AND SURFACE COAL MINERS.

§22A-8-1. Certificate of competency and qualification or permit of apprenticeship required of all surface and underground miners.

§22A-8-2. Definitions.

§22A-8-3. Permit of apprenticeship-underground miner.

§22A-8-4. Permit of apprenticeship-surface miner.

§22A-8-5. Supervision of apprentices.

§22A-8-6. Certificate of competency and qualification -- Underground or surface miner.

§22A-8-7. Refusal to issue certificate; appeal.

§22A-8-8. Limitations of article.

§22A-8-9. Violations; penalties.

§22A-8-10. Loss of certification for unlawful trespass.

CHAPTER 22A, ARTICLE 9. MINE INSPECTORS' EXAMINING BOARD.

§22A-9-1. Mine Inspectors’ Examining Board abolished and duties imposed upon the Board of Coal Mine Health and Safety.

CHAPTER 22A, ARTICLE 10. EMERGENCY MEDICAL PERSONNEL.

§22A-10-1. Emergency personnel in coal mines.

§22A-10-2. First-aid training of coal mine employees.

§22A-10-3. Certification requirements for emergency medical technician - mining.

CHAPTER 22A, ARTICLE 11. MINE SAFETY TECHNOLOGY.

§22A-11-1. Legislative findings, purposes and intent.

§22A-11-2. Mine Safety Technology Task Force abolished and duties imposed upon the Board of Coal Mine Health and Safety.

§22A-11-3. The Board of Coal Mine Health and Safety's duties regarding mine technology.

§22A-11-4. Approval of devices.

§22A-11-5. Existing state rules to be revised.

CHAPTER 22A, ARTICLE 12. UNDERGROUND ACCIDENT INVESTIGATIONS.

§22A-12-1. Report on enforcement procedures.

CHAPTER 22B. ENVIRONMENTAL BOARDS.

CHAPTER 22B, ARTICLE 1. GENERAL POLICY AND PURPOSE.

§22B-1-1. Declaration of policy and purpose.

§22B-1-2. Definitions.

§22B-1-3. General administration.

§22B-1-4. General provisions applicable to all boards and board members.

§22B-1-5. General powers and duties of boards.

§22B-1-6. General procedural provisions applicable to all boards.

§22B-1-7. Appeals to Boards.

§22B-1-8. General provisions governing discovery.

§22B-1-9. General provisions for judicial review.

§22B-1-10. Confidentiality.

§22B-1-11. Conflict of interest.

§22B-1-12. Savings provisions.

CHAPTER 22B, ARTICLE 2. AIR QUALITY BOARD.

§22B-2-1. Air quality board; composition; appointment and terms of members; vacancies.

§22B-2-2. Authority to receive money.

§22B-2-3. Judicial review of Air Quality Board orders.

CHAPTER 22B, ARTICLE 3. ENVIRONMENTAL QUALITY BOARD.

§22B-3-1. Environmental quality board; composition and organization; appointment, qualifications, terms, vacancies.

§22B-3-2. Authority of board; additional definitions.

§22B-3-3. Judicial review.

§22B-3-4. Repealed. Acts, 2005 Reg. Sess., Ch. 246.

§22B-3-5. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 22B, ARTICLE 4. SURFACE MINE BOARD.

§22B-4-1. Appointment and organization of surface mine board.

§22B-4-2. Authority to receive money.

§22B-4-3. Judicial review.

CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS, AUTHORITIES, COMMISSIONS AND COMPACTS.

CHAPTER 22C, ARTICLE 1. WATER DEVELOPMENT AUTHORITY.

§22C-1-1. Short title.

§22C-1-2. Declaration of policy and responsibility; purpose and intent of article; findings.

§22C-1-3. Definitions.

§22C-1-4. Water Development Authority; Water Development Board; organization of authority and board; appointment of board members; their term of office, compensation and expenses; Director of Authority; compensation.

§22C-1-5. Authority may construct, finance, maintain, etc., water development projects; loans to governmental agencies are subject to terms of loan agreements.

§22C-1-6. Powers, duties, and responsibilities of authority generally.

§22C-1-6a. Additional powers of the West Virginia Water Development Authority; Creation of Economic Enhancement Grant Fund.

§22C-1-7. Power of authority to collect service charges and exercise other powers of governmental agencies in event of default; power to require governmental agencies to enforce their rights.

§22C-1-8. Expenditure of funds for study and engineering of proposed projects.

§22C-1-9. Authority empowered to issue water development revenue bonds, renewal notes and refunding bonds; requirements and manner of such issuance.

§22C-1-10. Trustee for bondholders; contents of trust agreement.

§22C-1-11. Trust agreements for related responsibilities; reimbursements.

§22C-1-12. Legal remedies of bondholders and trustees.

§22C-1-13. Bonds and notes not debt of state, county, municipality or of any political subdivision; expenses incurred pursuant to article.

§22C-1-14. Use of funds by authority; restrictions thereon.

§22C-1-15. Investment of funds by authority.

§22C-1-16. Rentals and other revenues from water development projects owned by the authority; contracts and leases of the authority; cooperation of other governmental agencies; bonds of such agencies.

§22C-1-17. Maintenance, operation and repair of projects; reports by authority to Governor and Legislature.

§22C-1-18. Water development bonds lawful investments.

§22C-1-19. Purchase and cancellation of notes or bonds.

§22C-1-20. Refunding bonds.

§22C-1-21. Exemption from taxation.

§22C-1-22. Acquisition of property by authority -- Acquisition by purchase; governmental agencies authorized to convey, etc., property.

§22C-1-23. Same -- Acquisition under subdivision (10), section six of this article; property of public utilities and common carriers; relocation, restoration, etc., of highways and public utility facilities.

§22C-1-24. Financial interest in contracts prohibited; penalty.

§22C-1-25. Meetings and records of authority to be kept public.

§22C-1-26. Liberal construction of article.

§22C-1-27. Authorized limit on borrowing.

CHAPTER 22C, ARTICLE 2. WATER POLLUTION CONTROL REVOLVING FUND ACT.

§22C-2-1. Definitions.

§22C-2-2. Designation of division of environmental protection as state instrumentality for purposes of capitalization agreements with the United States environmental protection agency.

§22C-2-3. West Virginia water pollution control revolving fund; disbursement of fund moneys; administration of the fund.

§22C-2-4. Annual audit.

§22C-2-5. Collection of money due to the fund.

§22C-2-6. State construction grants program established; special fund.

§22C-2-7. Environmental review of funded projects.

§22C-2-8. Conflicting provisions.

CHAPTER 22C, ARTICLE 3. SOLID WASTE MANAGEMENT BOARD.

§22C-3-1. Short title.

§22C-3-2. Legislative findings; declaration of policy and responsibility; purpose and intent of article.

§22C-3-3. Definitions.

§22C-3-4. Solid Waste Management Board; organization of board; appointment and qualification of board members; their term of office, compensation, and expenses; director of board.

§22C-3-5. Board to designate and establish disposal sheds; construction, maintenance, etc., of disposal projects; loan agreements; compliance with federal and state law.

§22C-3-6. Powers, duties and responsibilities of board generally.

§22C-3-7. Development of state solid waste management plan.

§22C-3-8. Power of board to collect service charges and exercise other powers of governmental agencies in event of default; power to require governmental agencies to enforce their rights.

§22C-3-9. Development and designation of solid waste disposal sheds by board.

§22C-3-10. Board empowered to issue solid waste disposal revenue bonds, renewal notes and refunding bonds; requirements and manner of such issuance.

§22C-3-11. Establishment of reserve funds, replacement and improvement funds and sinking funds; fiscal agent; purposes for use of bond proceeds; application of surplus.

§22C-3-12. Legal remedies of bondholders.

§22C-3-13. Bonds and notes not debt of state, county, municipality or of any political subdivision; expenses incurred pursuant to article.

§22C-3-14. Use of funds, properties, etc., by board; restrictions thereon.

§22C-3-15. Audit of funds disbursed by the board and recipients thereof.

§22C-3-16. Rentals, fees, service charges and other revenues from solid waste disposal projects; contracts and leases of board; cooperation of other governmental agencies; bonds of such agencies.

§22C-3-17. Maintenance, operation and repair of projects; repair of damaged property; reports by board to Governor and Legislature.

§22C-3-18. Solid waste disposal revenue bonds lawful investments.

§22C-3-19. Exemption from taxation.

§22C-3-20. Governmental agencies authorized to convey property.

§22C-3-21. Financial interest in contracts, projects, etc., prohibited; gratuities prohibited; penalty.

§22C-3-22. Conduct of proceedings of board.

§22C-3-23. Regulation of solid waste collectors and haulers to continue under Public Service Commission; bringing about their compliance with solid waste disposal shed plan and solid waste disposal projects; giving testimony at commission hearings.

§22C-3-24. Cooperation of board and enforcement agencies in collecting and disposing of abandoned household appliances and motor vehicles, etc.

§22C-3-25. Liberal construction of article.

§22C-3-26. Supersedure over county and regional solid waste authorities.

CHAPTER 22C, ARTICLE 4. COUNTY AND REGIONAL SOLID WASTE AUTHORITIES.

§22C-4-1. Legislative findings and purposes.

§22C-4-2. Definitions.

§22C-4-3. Creation of county solid waste authority; appointment to board of directors; vacancies.

§22C-4-4. Establishment of regional solid waste authorities authorized; successor to county solid waste authorities; appointments to board of directors; vacancies.

§22C-4-5. Authorities as successor to county commissions and former county solid waste authorities.

§22C-4-6. Election by county commission to assume powers and duties of the county solid waste authority.

§22C-4-7. Management of authority vested in board of directors; expenses paid by county commissions, procedure.

§22C-4-8. Authority to develop litter and solid waste control plan; approval by solid waste management board; development of plan by director; advisory rules.

§22C-4-9. Assistance to county or regional solid waste authorities by the solid waste management board, Division of Natural Resources, Division of Environmental Protection, bureau of public health and the Attorney General.

§22C-4-9a. Findings, Solid Waste Management Board performance reviews and measures, legislative rules, intervention of impaired authorities, establishment of uniform chart of accounts, financial examination requirements.

§22C-4-10. Mandatory disposal; proof required; penalty imposed; requiring solid waste management board and the Public Service Commission to file report.

§22C-4-11. Acquisition of land; operation of public solid waste landfills and other facilities; restrictions on solid wastes generated outside authority area; fees.

§22C-4-12. Bonds and notes.

§22C-4-13. Items included in cost of properties.

§22C-4-14. Bonds or notes may be secured by trust indenture.

§22C-4-15. Sinking fund for bonds or notes.

§22C-4-16. Collection, etc., of revenues and funds and enforcement of covenants; default; suit, etc., by bondholder or noteholder or trustee to compel performance of duties; appointment and powers of receiver.

§22C-4-17. Operating contracts.

§22C-4-18. Statutory mortgage lien created unless otherwise provided; foreclosure thereof.

§22C-4-19. Refunding bonds or notes.

§22C-4-20. Indebtedness of authority.

§22C-4-21. Property, bonds or notes and obligations of authority exempt from taxation.

§22C-4-22. Use of prisoners for litter pickup; funds provided from litter control fund; county commission, Regional Jail and Correctional Facility Authority and sheriff to cooperate with solid waste authority.

§22C-4-23. Powers, duties and responsibilities of authority generally.

§22C-4-24. Commercial solid waste facility siting plan; facilities subject to plan; criteria; approval by Solid Waste Management Board; effect on facility siting; public hearings; rules.

§22C-4-25. Siting approval for solid waste facilities; effect on facilities with prior approval.

§22C-4-26. Approval of new Class A facilities by solid waste authorities.

§22C-4-27. Approval of conversion from Class B facility to Class A facility.

§22C-4-28. Approval of increase in maximum allowable monthly tonnage of Class A facilities.

§22C-4-29. Judicial review of certificate of site approval.

§22C-4-30. Solid waste assessment interim fee; regulated motor carriers; dedication of proceeds; criminal penalties.

CHAPTER 22C, ARTICLE 4A. LOCAL PARTICIPATION; REFERENDUM.

§22C-4A-1. Local participation, legislative findings and purposes; referendum.

§22C-4A-2. Approval of new Class A facility.

§22C-4A-3. Referendum for approval of conversion of a Class B facility to a Class A facility.

§22C-4A-4. Approval of increase in maximum allowable monthly tonnage of Class A facilities.

CHAPTER 22C, ARTICLE 5. COMMERCIAL HAZARDOUS WASTE MANAGEMENT FACILITY SITING BOARD.

§22C-5-1. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§22C-5-2. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§22C-5-3. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§22C-5-4. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§22C-5-5. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§22C-5-6. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§22C-5-7. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§22C-5-8. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

CHAPTER 22C, ARTICLE 6. HAZARDOUS WASTE FACILITY SITING APPROVAL.

§22C-6-1. Legislative purpose.

§22C-6-2. Definitions.

§22C-6-3. Procedure for public participation.

CHAPTER 22C, ARTICLE 7. ENVIRONMENTAL RESOURCES.

§22C-7-1. Repealed. Acts, 2011, 4th Ex. Sess., Ch. 1.

§22C-7-2. Repealed. Acts, 2011, 4th Ex. Sess., Ch. 1.

§22C-7-3. Repealed. Acts, 2011, 4th Ex. Sess., Ch. 1.

§22C-7-4. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 22C, ARTICLE 8. SHALLOW GAS WELL REVIEW BOARD.

§22C-8-1. Declaration of public policy; legislative findings.

§22C-8-2. Definitions.

§22C-8-3. Application of article; exclusions.

§22C-8-4. Shallow gas well review board; membership; method of appointment; vacancies; compensation and expenses; staff.

§22C-8-5. Same -- Meetings; notice; general powers and duties.

§22C-8-6. Rules; notice requirements.

§22C-8-7. Objections to proposed drilling; conferences; agreed locations and changes on plats; hearings; orders.

§22C-8-8. Distance limitations.

§22C-8-9. Application to establish a drilling unit; contents; notice.

§22C-8-10. Establishment of drilling units; hearings; orders.

§22C-8-11. Pooling of interests in a drilling unit; limitations.

§22C-8-12. Effect of order establishing drilling unit or pooling of interests; recordation.

§22C-8-13. Judicial review; appeal to Supreme Court of Appeals; legal representation for board.

§22C-8-14. Operation on drilling units.

§22C-8-15. Validity of unit agreements.

§22C-8-16. Injunctive relief.

§22C-8-17. Penalties.

§22C-8-18. Construction.

§22C-8-19. Rules, orders and permits remain in effect.

CHAPTER 22C, ARTICLE 9. OIL AND GAS CONSERVATION.

§22C-9-1. Declaration of public policy; legislative findings.

§22C-9-2. Definitions.

§22C-9-3. Application of article; exclusions.

§22C-9-4. Oil and gas conservation commissioner and commission; commission membership; qualifications of members; terms of members; vacancies on commission; meetings; compensation and expenses; appointment and qualifications of commissioner; general powers and duties.

§22C-9-4a. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§22C-9-5. Rules; notice requirements.

§22C-9-6. Waste of oil or gas prohibited.

§22C-9-7. Drilling units and the pooling of interests in drilling units in connection with deep oil or gas wells.

§22C-9-7a. Unitization of interests in horizontal well drilling units.

§22C-9-8. Secondary recovery of oil; unit operations.

§22C-9-9. Validity of unit agreements.

§22C-9-10. Hearing procedures.

§22C-9-11. Judicial review; appeal to Supreme Court of Appeals; legal representation for commission.

§22C-9-12. Injunctive relief.

§22C-9-13. Special oil and gas conservation tax.

§22C-9-14. Penalties.

§22C-9-15. Construction.

§22C-9-16. Rules, orders and permits remain in effect.

CHAPTER 22C, ARTICLE 10. INTERSTATE MINING COMPACT.

§22C-10-1. Enactment of compact.

§22C-10-2. Bylaws of interstate mining commission.

§22C-10-3. Effective date.

CHAPTER 22C, ARTICLE 11. INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN.

§22C-11-1. Creation of commission; members; terms; compact with other political units.

§22C-11-2. Appointment of alternates.

§22C-11-3. Expenses of commission; appropriation; officers and employees; meetings.

§22C-11-4. Effective date; findings.

§22C-11-5. Restrictions.

§22C-11-6. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 22C, ARTICLE 12. OHIO RIVER VALLEY WATER SANITATION COMMISSION.

§22C-12-1. Ohio River Valley Water Sanitation Compact approved.

§22C-12-2. Appointment of members of commission; director of Division of Environmental Protection member ex officio.

§22C-12-3. Powers of commission; duties of state officers, departments, etc.; jurisdiction of circuit courts; enforcement of article.

§22C-12-4. Powers granted herein supplemental to other powers vested in commission.

§22C-12-5. Expenses of commission; appropriations; officers and employees; meetings.

§22C-12-6. When article effective; findings; continuation.

CHAPTER 23. WORKERS' COMPENSATION.

CHAPTER 23, ARTICLE 1. GENERAL ADMINISTRATIVE PROVISIONS.

§23-1-1. Regulation of the workers’ compensation system by the Insurance Commissioner; findings.

§23-1-1a. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§23-1-1b. Powers and duties of Insurance Commissioner.

§23-1-1c. Payment withholding; interception; penalty.

§23-1-1d. Rules of former division of workers’ compensation.

§23-1-1e. Transfer of assets and contracts; ability to acquire, own, lease and otherwise manage property.

§23-1-1f. Authority of Insurance Commission to exempt employees from classified service; exemption from purchasing rules.

§23-1-1g. Legislative intent to create a quasi-public entity.

§23-1-1h. Powers and duties of Office of Judges transferred to Board of Review; definition of certain terms effective July 1, 2022.

§23-1-2. Oversight of the workers’ compensation commission.

§23-1-3. Payment of salaries and expenses generally; manner; limitation.

§23-1-4. Records; confidentiality; exceptions.

§23-1-4a. Bond for executive director and associate director.

§23-1-5. Office of Insurance Commissioner; hearings.

§23-1-6. Employment of associate director and other assistants; compensation and travel expenses.

§23-1-7. Associate director to act during executive director’s absence or inability to act and in case of vacancy; bond of associate director.

§23-1-8. Authority of Insurance Commissioner and employees as to oaths and evidence.

§23-1-9. Compelling compliance with order or subpoena.

§23-1-10. Fee of officer serving subpoena; fees and mileage of witnesses.

§23-1-11. Depositions; investigations.

§23-1-12. Copies of proceedings as evidence.

§23-1-13. Rules of procedure and evidence; persons authorized to appear in proceedings; withholding of psychiatric and psychological reports and providing summaries thereof.

§23-1-14. Forms.

§23-1-15. Procedure before Insurance Commissioner.

§23-1-16. Repealed. Acts, 1999 Reg. Sess., Ch. 294.

§23-1-17. Annual report by the Insurance Commissioner and Occupational Pneumoconiosis Board.

§23-1-18. Insurance Commissioner employees not subject to subpoena for workers’ compensation hearings.

§23-1-19. Civil remedies.

§23-1-20. Employment preference for employees in workers’ compensation litigation unit.

§23-1-21. Authorization to require the electronic invoices and transfers.

CHAPTER 23, ARTICLE 2. EMPLOYERS AND EMPLOYEES SUBJECT TO CHAPTER; EXTRATERRITORIAL COVERAGE.

§23-2-1. Employers subject to chapter; elections not to provide certain coverages; notices; filing of business registration certificates.

§23-2-1a. Employees subject to chapter.

§23-2-1b. Special provisions as to premiums.

§23-2-1c. Extraterritorial coverage; approval and change of agreements.

§23-2-1d. Prime contractors and subcontractors liability.

§23-2-2. Insurance Commissioner to be furnished information by employers, State Tax Commissioner, and WorkForce West Virginia; secrecy of information; examination of employers, etc.; violation a misdemeanor.

§23-2-3. Report forms and other forms for use of employers.

§23-2-4. Classification of industries; rate of premiums; authority to adopt various systems; accounts.

§23-2-5. Notice to employees.

§23-2-5a. Collection of premiums from defaulting employers; interest and penalties; civil remedies; creation and enforcement of lien against employer and purchaser; duty of Secretary of State to register liens; distraint powers; insolvency proceedings; Secretary of State to withhold certificates of dissolution; injunctive relief; bond; attorney fees and costs.

§23-2-5b. Repealed. Acts, 2003 2nd Ex. Sess., Ch. 27.

§23-2-5c. Statute of limitations; effective date for new payments; previous payments due not affected.

§23-2-5d. Uncollectible receivables; write-offs.

§23-2-6. Exemption of contributing employers from liability.

§23-2-6a. Exemption from liability of officers, managers, agents, representatives or employees of contributing employers.

§23-2-7. Benefits of chapter may not be waived by contract or regulation.

§23-2-8. Liability of employer for failing to procure or maintain workers’ compensation insurance; certain common-law defenses prohibited; exceptions.

§23-2-9. Election of employer or employers’ group to be self-insured and to provide own system of compensation; exceptions; self administration; rules; penalties; regulation of self-insurers.

§23-2-9a. Sanctions for default by self-insured employers; rulemaking authority.

§23-2-10. Application of chapter to interstate commerce.

§23-2-11. Partial invalidity of chapter.

§23-2-12. Effect of repeal or invalidity of chapter on action for damages.

§23-2-13. Interest.

§23-2-14. Sale or transfer of business; attachment of lien for premium, etc.; payments due; criminal penalties for failure to pay; creation and avoidance or elimination of lien; enforcement of lien; successor liability.

§23-2-15. Liabilities of successor employer; waiver of payment by commission; assignment of predecessor employer’s premium rate to successor.

§23-2-16. Acceptance or assignment of premium rate.

§23-2-17. Employer right to hearing; content of petition; appeal.

§23-2-18. Repealed. Acts, 1995 Reg. Sess., Ch. 253.

CHAPTER 23, ARTICLE 2A. SUBROGATION.

§23-2A-1. Subrogation; limitations.

§23-2A-2. Repealed. Acts, 1995 Reg. Sess., Ch. 253.

CHAPTER 23, ARTICLE 2B. OCCUPATIONAL SAFETY AND HEALTH PROGRAMS.

§23-2B-1. Occupational safety and health activities; voluntary compliance; consultative services.

§23-2B-2. Mandatory programs; safety committees; requirements; rules; exceptions.

§23-2B-3. Premium rate credits; qualified loss management program; loss management firms; penalties; rules.

CHAPTER 23, ARTICLE 2C. EMPLOYERS' MUTUAL INSURANCE COMPANY.

§23-2C-1. Findings and purpose.

§23-2C-2. Definitions.

§23-2C-3. Private carriers not subject to certain premium taxes, surcharges, and credits; regulatory surcharge imposed on private carriers and self-insured employers.

§23-2C-3a. Employers’ mutual insurance company - additional provisions enacted in November 2005.

§23-2C-4. Governance and organization.

§23-2C-5. Creation of the industrial council; duties.

§23-2C-6. Continuation of old fund, uninsured employer fund, self-insured employer guaranty risk pool, and self-insured employer security risk pool.

§23-2C-7. Custody, investment and disbursement of funds.

§23-2C-8. Workers’ Compensation Uninsured Employer Fund.

§23-2C-9. Repealed. Acts, 2008 Reg. Sess., Ch. 120.

§23-2C-10. West Virginia adverse risk assignment.

§23-2C-11. Transfer of assets from new fund to the mutual insurance company established as a successor to the commission; transfer of commission employees.

§23-2C-12. Certain personnel provisions governing Workers’ Compensation Commission employees and employees laid off by the employers’ mutual insurance company during its initial year of operation.

§23-2C-13. Certain retraining benefits to those employees laid-off by the mutual during its first year of operation.

§23-2C-14. Certain benefits provided to commission employees.

§23-2C-15. Mandatory coverage; changing of coverage.

§23-2C-16. Administration of Old Fund, Uninsured Employer Fund, Self-Insured Employer Guaranty Risk Pool, Self-Insured Employer Security Risk Pool, and Private Carrier Guaranty Fund.

§23-2C-17. Administration of a competitive system.

§23-2C-18. Ratemaking; Insurance Commissioner.

§23-2C-18a. Designation of rating organization.

§23-2C-19. Premium payment; employer default; special provisions as to employer default collection.

§23-2C-20. Claims administration issues.

§23-2C-21. Limitation of liability of insurer or third-party administrator; administrative fines are exclusive remedies.

§23-2C-22. Rules.

§23-2C-23. Transfer of assets and contracts.

§23-2C-24. Surplus note or other loan arrangement for new fund.

CHAPTER 23, ARTICLE 2D. WORKERS' COMPENSATION DEBT REDUCTION BONDS.

§23-2D-1. Short title.

§23-2D-2. Legislative findings; legislative intent.

§23-2D-3. Definitions.

§23-2D-4. Workers’ Compensation debt reduction revenue bonds; amount; when may issue.

§23-2D-5. Special account created; use of moneys in the Fund.

§23-2D-5a. Excess regular coal severance taxes.

§23-2D-6. Creation of Debt Service Fund; disbursements to pay debt service on Workers’ Compensation debt reduction revenue bonds.

§23-2D-7. Covenants of state.

§23-2D-8. Workers’ compensation debt reduction revenue bonds lawful investments.

§23-2D-9. Refunding bonds.

§23-2D-10. Approval and payment of all necessary expenses.

CHAPTER 23, ARTICLE 3. WORKERS' COMPENSATION FUND.

§23-3-1. Compensation Fund; catastrophe and catastrophe payment defined; compensation by employers.

§23-3-1a. Transfer of silicosis fund to workers’ compensation fund; claims under former article six.

§23-3-2. Custody, investment and disbursement of funds.

§23-3-3. Investment of surplus funds required.

§23-3-4. Deposits and disbursements considered abandoned property; disposition of property.

§23-3-5. Authorization to require the electronic invoices and transfers.

§23-3-6. Emergency fiscal measures.

CHAPTER 23, ARTICLE 4. DISABILITY AND DEATH BENEFITS.

§23-4-1. To whom compensation fund disbursed; occupational pneumoconiosis and other occupational diseases included in "injury" and "personal injury"; definition of occupational pneumoconiosis and other occupational diseases; rebuttable presumption for cardiovascular injury and disease or pulmonary disease for firefighters.

§23-4-1a. Report of injuries by employee.

§23-4-1b. Report of injuries by employers.

§23-4-1c.§23-4-1c. Payment of temporary total disability benefits directly to claimant; payment of medical benefits; payments of benefits during protest; right of commission, successor to the commission, private carriers and self-insured employers to collect payments improperly made.

§23-4-1d. Method and time of payments for permanent disability.

§23-4-1e. Temporary total disability benefits not to be paid for periods of correctional center or jail confinement; denial of workers' compensation benefits for injuries or disease incurred while confined.

§23-4-1f. Certain psychiatric injuries and diseases not compensable; definitions; legislative findings; terms; report required.

§23-4-1g. Weighing of evidence.

§23-4-2. Disbursement where injury is self-inflicted or intentionally caused by employer; legislative declarations and findings; "deliberate intention" defined.

§23-4-2a. Limit on liability for noneconomic loss.

§23-4-3. Schedule of maximum disbursements for medical, surgical, dental and hospital treatment; legislative approval; guidelines; preferred provider agreements; charges in excess of scheduled amounts not to be made; required disclosure of financial interest in sale or rental of medically related mechanical appliances or devices; promulgation of rules to enforce requirement; consequences of failure to disclose; contract by employer with hospital, physician, etc., prohibited; criminal penalties for violation; payments to certain providers prohibited; medical cost and care program; payments; interlocutory orders.

§23-4-3a. Repealed. Acts, 1999 Reg. Sess., Ch. 294.

§23-4-3b. Creation of health care advisory panel.

§23-4-3c. Suspension or termination of providers of health care.

§23-4-4. Funeral expenses; wrongfully seeking payment; criminal penalties.

§23-4-5. Benefits for first three days after injury.

§23-4-6. Classification of and criteria for disability benefits.

§23-4-6a. Benefits and mode of payment to employees and dependents for occupational pneumoconiosis; further adjustment of claim for occupational pneumoconiosis.

§23-4-6b. Occupational hearing loss claims.

§23-4-6c. Benefits payable to certain sheltered workshop employees; limitations.

§23-4-6d. Benefits payable to part-time employees.

§23-4-7. Release of medical information to employer; legislative findings; effect of application for benefits; duty of employer.

§23-4-7a. Monitoring of injury claims; legislative findings; review of medical evidence; recommendation of authorized treating physician; independent medical evaluations; temporary total disability benefits and the termination thereof; mandatory action; additional authority; suspension of benefits.

§23-4-7b. Trial return to work; Insurance Commissioner to develop rules.

§23-4-8. Physical examination of claimant.

§23-4-8a. Occupational Pneumoconiosis Board; composition; term of office; duties; quorum; remuneration.

§23-4-8b. Occupational Pneumoconiosis Board; procedure; autopsy.

§23-4-8c. Occupational Pneumoconiosis Board; reports and distribution thereof; presumption; findings required of board; objection to findings; procedure thereon; limitations on refilings; consolidation of claims.

§23-4-8d. Occupational pneumoconiosis claims never closed for medical benefits with exception of settled claims.

§23-4-8e. Repealed. Acts, 1971 Reg. Sess., Ch. 177.

§23-4-8f. Repealed. Acts, 1971 Reg. Sess., Ch. 177.

§23-4-9. Physical and vocational rehabilitation.

§23-4-9a Repealed . Acts, 1947 Reg. Sess., Ch. 165.

§23-4-9b. Preexisting impairments not considered in fixing amount of compensation.

§23-4-10. Classification of death benefits; "dependent" defined.

§23-4-11. To whom death benefits paid.

§23-4-12. Application of benefits.

§23-4-13. Effect of abandonment of spouse.

§23-4-14. Computation of benefits.

§23-4-15. Application for benefits.

§23-4-15a. Nonresident alien beneficiaries.

§23-4-15b. Determination of nonmedical questions; claims for occupational pneumoconiosis; hearing.

§23-4-15c. Repealed. Acts, 1971 Reg. Sess., Ch. 177.

§23-4-16. Jurisdiction over case continuous; modification of finding or order; time limitation on awards; reimbursement of claimant for expenses; reopening cases involving permanent total disability; promulgation of rules.

§23-4-16a. Interest on benefits.

§23-4-17. Commutation of periodical benefits.

§23-4-18. Mode of paying benefits generally; exemptions of compensation from legal process.

§23-4-19. Repealed. Acts, 1999 Reg. Sess., Ch. 294.

§23-4-20. Postmortem examinations.

§23-4-21. Severability.

§23-4-22. Permanent disability evaluations; limitations; notice.

§23-4-23. Permanent total disability benefits; reduction of disability benefits; reduction of benefits; application of section; severability.

§23-4-24. Permanent total disability awards; retirement age; limitations on eligibility and the introduction of evidence; effects of other types of awards; procedures; requests for awards; jurisdiction.

§23-4-25. Permanent total disability benefits; reduction of disability benefits for wages earned by claimant.

CHAPTER 23, ARTICLE 4A. DISABLED WORKERS' RELIEF FUND.

§23-4A-1. Disabled Workers’ Relief Fund.

§23-4A-2. To whom benefits paid.

§23-4A-3. Computation of benefits.

§23-4A-4. Mode of payment.

§23-4A-5. Employers providing own system of compensation.

§23-4A-6. Powers of commission over disabled workers’ relief fund.

§23-4A-7. Repealed. Acts, 2003 2nd Ex. Sess., Ch. 27.

§23-4A-8. Disabled workers’ relief fund; how funded.

§23-4A-9. Transfer of authority to the Insurance Commissioner.

CHAPTER 23, ARTICLE 4B. COAL-WORKERS' PNEUMOCONIOSIS FUND.

§23-4B-1. Purpose.

§23-4B-2. Coal-Workers’ Pneumoconiosis Fund established.

§23-4B-3. To whom benefits paid.

§23-4B-4. Who may subscribe.

§23-4B-5. Payment of benefits.

§23-4B-6. Coal-workers’ pneumoconiosis fund; how funded.

§23-4B-7. Administration.

§23-4B-8. Separable from workers’ compensation fund.

§23-4B-8a. Legislative findings; transfers to the state; maximum transfer authorization; purpose for which moneys transferred may be disbursed and expended; maximum amount of transfer authorization; terms and conditions for repayment; premiums to be set without regard to transfers; creation of special account in State Treasury.

§23-4B-8b. Transfer of funds to workers’ compensation fund.

§23-4B-9. Closure of Coal-Workers’ Pneumoconiosis Fund.

CHAPTER 23, ARTICLE 4C. EMPLOYERS' EXCESS LIABILITY FUND.

§23-4C-1. Purpose.

§23-4C-2. Employers’ excess liability fund established.

§23-4C-3. Payment of excess damages from fund.

§23-4C-4. Employers’ excess liability fund; how funded.

§23-4C-5. Administration.

§23-4C-6. Novation to the successor of the commission.

CHAPTER 23, ARTICLE 5. REVIEW.

§23-5-1. Notice by commission or self-insured employer of decision; procedures on claims; objections and hearing; effective until June 30, 2022.

§23-5-1a. Notice by commission or self-insured employer of decision; procedures on claims; objections and hearing; effective July 1, 2022.

§23-5-2. Application by employee for further adjustment of claim; objection to modification; hearing.

§23-5-3. Refusal to reopen claim; notice; objection; effective until June 30, 2022.

§23-5-3a. Refusal to reopen claim; notice; objection; effective July 1, 2022.

§23-5-4. Application by employer for modification of award; objection to modification; hearing.

§23-5-5. Refusal of modification; notice; objection; effective until June 30, 2022.

§23-5-5a. Refusal of modification; notice; objection; effective July 1, 2022.

§23-5-6. Time periods for objections and appeals; extensions; effective until June 30, 2022.

§23-5-6a. Time periods for objections and appeals; extensions; effective July 1, 2022.

§23-5-7. Compromise and settlement.

§23-5-8. Designation of Office of Administrative Law Judges; powers of chief administrative law judge; effective until June 30, 2022.

§23-5-8a. Transfer of powers and duties of the Office of Administrative Law Judges to the Workers’ Compensation Board of Review; powers of the Workers’ Compensation Board of Review in relation to review of objections; effective July 1, 2022.

§23-5-8b. Transfer of jurisdiction to review objections to Workers’ Compensation Board of Review; termination of Office of Judges; appeals of board decisions to Intermediate Court of Appeals; effective July 1, 2022.

§23-5-9. Hearings on objections to Insurance Commissioner; private carrier or self-insured employer decisions; mediation; remand; effective until June 30, 2022.

§23-5-9a. Hearings on objections to Insurance Commissioner; private carrier, or self-insured employer decisions; mediation; remand; effective July 1, 2022.

§23-5-10. Appeal from administrative law judge decision to appeal board; effective until June 30, 2022.

§23-5-10a. Appeal from a Workers’ Compensation Board of Review decision to the Intermediate Court of Appeals; effective July 1, 2022.

§23-5-11. Workers’ Compensation Board of Review generally; administrative powers and duties of the board; effective until June 30, 2022.

§23-5-11a. Workers’ Compensation Board of Review generally; administrative powers and duties of the board; effective July 1, 2022.

§23-5-12. Appeal to board; procedure; remand and supplemental hearing; effective until June 30, 2022.

§23-5-12a. Appeal of board decisions to the Intermediate Court of Appeals; procedure; remand and supplemental hearing; effective July 1, 2022.

§23-5-13. Continuances and supplemental hearings; claims not to be denied on technicalities; effective until June 30, 2022.

§23-5-13a. Continuances and supplemental hearings; claims not to be denied on technicalities; effective July 1, 2022.

§23-5-14. Disqualification of board members.

§23-5-15. Appeals from final decisions of board to Supreme Court of Appeals of West Virginia prior to July 1, 2022; procedure; costs.

§23-5-16. Fees of attorney for claimant; unlawful charging or receiving of attorney fees; effective until June 30, 2022.

§23-5-16a. Fees of attorney for claimant; unlawful charging or receiving of attorney fees.

§23-5-17. Repealed. Acts, 2009 Reg. Sess., Ch. 222.

§23-5-18. Repealed. Acts, 2009 Reg. Sess., Ch. 222.

CHAPTER 23, ARTICLE 5A. DISCRIMINATORY PRACTICES.

§23-5A-1. Discriminatory practices prohibited.

§23-5A-2. Discriminatory practices prohibited -- Medical insurance.

§23-5A-3. Termination of injured employees prohibited; reemployment of injured employees.

§23-5A-4. State employees to accrue increment pay during absence due to work-related injuries; legislative rules.

CHAPTER 23, ARTICLE 6. SEVERABILITY; LEGISLATIVE INTENT; OPERATIVE DATE.

§23-6-1. Severability.

§23-6-2. Legislative intent.

§23-6-3. Operative date for particular enactment.

CHAPTER 24. PUBLIC SERVICE COMMISSION.

CHAPTER 24, ARTICLE 1. GENERAL PROVISIONS.

§24-1-1. Legislative purpose and policy; plan for internal reorganization; promulgation of plan as rule; cooperation with Joint Committee on Government and Finance.

§24-1-1a. Supplemental rule for reorganization; certain reports to be made to the Legislature; filing of such rule and reports and the procedure therefor.

§24-1-1b. Supplemental rule for reorganization.

§24-1-1c. Legislative findings.

§24-1-1d. Additional Legislative findings related to the coal industry.

§24-1-2. Definitions.

§24-1-3. Commission continued; membership; chairman; compensation; quorum.

§24-1-4. Appointment, duties and compensation of secretary and other employees; hearings generally; public comment; outside employment by certain employees prohibited.

§24-1-5. Seal to be adopted; collection and disposition of fees.

§24-1-6. Office of commission; time and place of hearings; number of commissioners required for taking action.

§24-1-7. Rules of procedure; commission not bound by rules of evidence or pleadings; inscription on, use of and judicial notice of seal.

§24-1-8. Legal counsel for the commission.

§24-1-9. Recommended decision by hearing commissioner, hearing examiner or panel.

§24-1-10. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 24, ARTICLE 2. POWERS AND DUTIES OF PUBLIC SERVICE COMMISSION.

§24-2-1. Jurisdiction of commission; waiver of jurisdiction.

§24-2-1a. Authority of commission to enter and inspect railroad property.

§24-2-1b. Additional jurisdiction of commission.

§24-2-1c. Certificates of need required for solid waste facilities.

§24-2-1d. Future electric generating capacity requirements.

§24-2-1e. Rate recovery for construction of electric transmission facilities.

§24-2-1f. Jurisdiction of commission over solid waste facilities.

§24-2-1g. Rate incentives for utility investment in qualified clean coal and clean air control technology facilities.

§24-2-1h. Additional powers and duties of commission to control flow of solid waste.

§24-2-1i. Commission authorized to issue emergency certificate of need to certain commercial solid waste facilities; Division of Environmental Protection to modify facility permit; criteria for emergency certificates.

§24-2-1j. Special rates for energy intensive industrial consumers of electric power.

§24-2-1k. Natural gas infrastructure expansion, development, improvement and job creation; findings; expedited process; requirements; rulemaking.

§24-2-1l. Modernization and improvement of coal-fired boilers at electric power plants; findings; expedited process; requirements; rulemaking.

§24-2-1m. Commission jurisdiction does not extend to materials recovery facilities, mixed waste processing facilities, and certain mixed waste processing and resource recovery facilities.

§24-2-1n. West Virginia Business Ready Sites Program.

§24-2-1o. Renewable energy facilities program.

§24-2-1p. Middle-Mile Fiber Broadband Infrastructure Expansion Program.

§24-2-1q. Base fuel supply requirements for electric grid resiliency.

§24-2-1r. Authority of commission to adopt and enforce water hydrant practices.

§24-2-2. General power of commission to regulate public utilities.

§24-2-3. General power of commission with respect to rates.

§24-2-3a. Advance notice of filing of general rate case required.

§24-2-3b. Transitional suspension of schedule; legislative findings; procedure.

§24-2-3c. Cessation of jurisdiction over rates for certain services subject to competition.

§24-2-4. Procedure for changing rates.

§24-2-4a. Procedure for changing rates after June 30, 1981.

§24-2-4b. Procedures for changing rates of electric and natural gas cooperatives, local exchange services of telephone cooperatives, and municipally operated public utilities.

§24-2-4c. Rate increases for natural gas public utilities relating to purchase of natural gas from suppliers; obtaining new supplies of natural gas to meet obligations.

§24-2-4d. Procedures for intrastate rail carrier rate-making and compliants.

§24-2-4e. Environmental control bonds.

§24-2-4f. Consumer rate relief bonds.

§24-2-4g. Establishing the value of utility assets in the context of the acquisition of a utility or utility assets and providing for the combination or allocation of water and wastewater revenue requirements.

§24-2-4h. Utility consumer rate relief bonds.

§24-2-5. Supervision of public utilities licensed by municipalities, county courts or otherwise; right to enter premises, inspect and correct meters.

§24-2-6. Power as to connecting telephone and telegraph services.

§24-2-7. Unreasonable, etc., regulations, practices and services; receivership; procedures respecting receivership; appointment and compensation of receiver; liquidation.

§24-2-8. System of accounts to be kept by public utilities; uniform accounting system for public service districts and municipally owned public utilities.

§24-2-9. Information concerning rates, etc., of public utilities may be required and published by commission.

§24-2-10. Power to subpoena witnesses, take testimony and administer oaths; contempt; self-incrimination.

§24-2-11. Requirements for certificate of public convenience and necessity.

§24-2-11a. Requirement for certificate of public convenience and necessity before beginning construction of high voltage transmission line; contents of application; notice; hearing; criteria for granting or denying certificate; regulations.

§24-2-11b. Continuing prudence reviews.

§24-2-11c. Siting certificates for certain electric generating facilities or material modifications thereof.

§24-2-11d. Revocation of certificate of public convenience and necessity; acquisition of facilities by capable public utility.

§24-2-12. What acts may not be done without consent of commission; consent in advance of exemption of transactions; when sale, etc., of franchises, mergers, etc., void.

§24-2-12a. Issuance of stock; requirement of applying to commission for orders authorizing issuance; hearing and investigation on application; order; when issuance is void.

§24-2-13. Enforcement of federal acts.

§24-2-14. Reports required to be filed by generating electric utilities; contents; powers of commission to obtain information; availability to the public; certain studies required.

§24-2-15. Automatic adjustment clauses or fuel adjustment clauses prohibited.

§24-2-16. Anticompetitive clauses in natural gas contracts prohibited.

§24-2-17. Registry of electric customers on life support systems; notification prior to scheduled outages; priority of service restoration; limitation of liability; life support defined.

§24-2-18. Legislative findings on electric service; jurisdictionof the commission to determine public interest inpermitting retail access to competitive power supply markets; participation of interested parties; development of deregulation plan; legislative approval or rejection of plan; certain reports required or permitted; continuing jurisdiction.

§24-2-19. Integrated Resource Planning Required.

§24-2-20. Direct use of natural gas.

§24-2-21. Required notice for power plant closure or sale.

§24-2-21a. Commission authority required when closing an electric generating plant and circumstances of closure in another jurisdiction.

CHAPTER 24, ARTICLE 2A. REDUCED RATES FOR LOW-INCOME RESIDENTIAL CUSTOMERS OF ELECTRICITY AND GAS.

§24-2A-1. Special rates for gas and electric utility customers receiving Social Security Supplemental Security Income (SSI), Aid to Families with Dependent Children (AFDC), Aid to Families with Dependent Children--Unemployed (AFDC-U) or food stamps.

§24-2A-2. Recovery of revenue deficiencies.

§24-2A-3. Limitation on and exemption from local business and occupation or privilege taxes and local public utility excise taxes.

§24-2A-4. Definitions.

§24-2A-5. Special rates for certain water, sewer, or combined water and sewer utility customers.

CHAPTER 24, ARTICLE 2B. TEMPORARY SUSPENSION OF RATE INCREASES.

§24-2B-1. Temporary suspension of rate increases.

§24-2B-2. Emergency rate increase; financial hardship procedure.

CHAPTER 24, ARTICLE 2C. REDUCED RATES FOR CERTAIN LOW-INCOME RESIDENTIAL CUSTOMERS OF TELEPHONE SERVICE.

§24-2C-1. Legislative findings; utilities subject to Public Service Commission to file new rates.

§24-2C-2. Tel-assistance; definitions.

§24-2C-3. Monthly rate set by Public Service Commission; prohibited and permissible charges.

§24-2C-4. Availability of tel-assistance service; determination of eligibility; promulgation of rules.

§24-2C-5. Recovery of revenue deficiencies.

CHAPTER 24, ARTICLE 2D. ALTERNATIVE FUEL INITIATIVES.

§24-2D-1. Legislative findings.

§24-2D-2. Incentives for use of alternative fuels in new technologies.

§24-2D-3. Limitation on commission jurisdiction over sales by nonutilities of alternative fuel for certain purposes, limitations on jurisdiction for temporary electric charging of alternative fuel motor vehicles.

CHAPTER 24, ARTICLE 2E. REQUIREMENTS FOR PHONE SERVICE SALES.

§24-2E-1. Transfer of phone service providers.

§24-2E-2. Telephone services agreements.

§24-2E-3. Telephone conduit; prohibition; rulemaking.

CHAPTER 24, ARTICLE 2F. ALTERNATIVE AND RENEWABLE ENERGY PORTFOLIO STANDARD.

§24-2F-1. Repealed. Acts, 2015 Reg. Sess., Ch. 55.

§24-2F-2. Repealed. Acts, 2015 Reg. Sess., Ch. 55.

§24-2F-3. Repealed. Acts, 2015 Reg. Sess., Ch. 55.

§24-2F-4. Repealed. Acts, 2015 Reg. Sess., Ch. 55.

§24-2F-5. Repealed. Acts, 2015 Reg. Sess., Ch. 55.

§24-2F-6. Repealed. Acts, 2015 Reg. Sess., Ch. 55.

§24-2F-7. Repealed. Acts, 2015 Reg. Sess., Ch. 55.

§24-2F-8. Net metering and interconnection standards.

§24-2F-9. Repealed. Acts, 2015 Reg. Sess., Ch. 55.

§24-2F-10. Repealed. Acts, 2015 Reg. Sess., Ch. 55.

§24-2F-11. Repealed. Acts, 2015 Reg. Sess., Ch. 55.

§24-2F-12. Repealed. Acts, 2015 Reg. Sess., Ch. 55.

CHAPTER 24, ARTICLE 2G. PUBLIC WATER UTILITIES MONITORING REQUIREMENTS.

§24-2G-1. Public water utilities required to install monitor for contaminants.

§24-2G-2. Requirements.

CHAPTER 24, ARTICLE 2H. POWER OF COMMISSION TO ORDER MEASURES UP TO AND INCLUDING THE ACQUISITION OF DISTRESSED AND FAILING WATER AND WASTEWATER UTILITIES.

§24-2H-1. Short title.

§24-2H-2. Legislative findings.

§24-2H-3. Definitions.

§24-2H-4. Preparation of list of potentially unstable water and wastewater utilities.

§24-2H-5. Determination of whether a utility qualifies as a “distressed utility”, “failing utility”, or a “capable proximate utility”.

§24-2H-6. Notice to distressed or failing utility and formal proceeding.

§24-2H-7. Commission order for acquisition of failing utility; list of distressed and failing utilities to Legislature.

§24-2H-8. Commission approval of operating agreement, acquisition price; rates for distressed and failing utilities; improvement plan; debt obligations; cost recovery.

§24-2H-9. Recovery of costs for acquisition, operation, repairs and improvements to distressed or failing utility facilities.

CHAPTER 24, ARTICLE 2I. HYDROGEN POWER TASK FORCE

§24-2I-1. Title.

§24-2I-2. Establishment of the task force.

CHAPTER 24, ARTICLE 3. DUTIES AND PRIVILEGES OF PUBLIC UTILITIES SUBJECT TO REGULATIONS OF COMMISSION.

§24-3-1. Adequate facilities; safety appliances; reasonable rates; railroad switch connections; discontinuing service.

§24-3-1a. Definitions; telemetry systems required.

§24-3-1b. Locomotive power units; helper units; one person crew prohibited; engineer requirement; restrictions on selection of crew; definitions; promulgation of rules.

§24-3-2. Discrimination prohibited.

§24-3-3. Connecting carriers generally; sharing use of terminals; discrimination by railroad main lines against tap, etc., lines.

§24-3-3a. Gas utility pipelines declared as common carriers; commission approval of certain transportation.

§24-3-3b. Repealed. Acts, 2014 Reg. Sess., Ch. 152.

§24-3-4. Free transportation and passes; reduced rates; exchange of services and privileges.

§24-3-5. Schedule of rates to be filed with commission.

§24-3-6. Special license fee;"Public Service Commission fund."

§24-3-7. Permit to abandon service; certificate; hearing upon intervention by consumer advocate; alternative service; recouping costs of converting customers.

§24-3-8. Deposits; interest.

§24-3-9. Easement and right-of-way.

§24-3-10. Termination of water service for delinquent sewer or stormwater bills.

CHAPTER 24, ARTICLE 4. VIOLATIONS OF PROVISIONS OF THIS CHAPTER OR ORDERS OF COMMISSION.

§24-4-1. General penalties for violating provisions of this chapter.

§24-4-2. Penalty for falsifying, destroying or altering entries and for making false statements.

§24-4-3. Additional penalties for violating certain orders of commission.

§24-4-4. Penalty for violating orders of commission for which no other penalty is provided.

§24-4-5. Violation of commission's orders as contempt punishable by commission.

§24-4-6. Procedure before commission as to violations.

§24-4-7. Damages recoverable for violations.

§24-4-8. What constitutes separate violation.

CHAPTER 24, ARTICLE 5. REVIEW OF COMMISSION'S ACTION.

§24-5-1. Review of final orders of commission.

CHAPTER 24, ARTICLE 6. LOCAL EMERGENCY TELEPHONE SYSTEM.

§24-6-1. Legislative findings.

§24-6-1a. Municipal emergency telephone systems.

§24-6-2. Definitions.

§24-6-3. Adoption of emergency telephone system plan.

§24-6-4. Creation of emergency telephone systems.

§24-6-5. Enhanced emergency telephone system requirements.

§24-6-6. Enhanced emergency telephone system proposed requirement.

§24-6-6a. Alternate procedure for proposal by the department of public safety.

§24-6-6b. Wireless enhanced 911 fee; public safety wireless fee; wireless tower fee.

§24-6-7. Resolution of conflicts.

§24-6-8. Limitation of liability.

§24-6-9. Prohibitions and penalty.

§24-6-10. Prohibition against using "911" in company name.

§24-6-11. Confidentiality of proprietary information.

§24-6-12. Dispatching of towing services for emergency towing of vehicles; exceptions.

§24-6-13. Confidentiality of certain calls to county answering points and records; retention of records.

§24-6-14. Notification of mining accidents.

§24-6-15. Commission to implement NG911 in West Virginia.

CHAPTER 24, ARTICLE 7. HEADQUARTERS.

§24-7-1. Legislative findings; commission authorized to acquire headquarters.

§24-7-2. Exclusive authority for purchase of headquarters.

§24-7-3. Management and control of Public Service Commission headquarters building.

§24-7-4. Legislative findings; authority to acquire further properties.

CHAPTER 24, ARTICLE 8. 211 INFORMATION AND REFERRAL SYSTEM.

§24-8-1. Legislative findings.

§24-8-2. Rule-making authority.

CHAPTER 24A. COMMERCIAL MOTOR CARRIERS.

CHAPTER 24A, ARTICLE 1. PURPOSES, DEFINITIONS AND EXEMPTIONS.

§24A-1-1. Purposes.

§24A-1-2. Definitions.

§24A-1-3. Exemptions from chapter.

CHAPTER 24A, ARTICLE 1A. COMMERCIAL VEHICLE REGULATION.

§24A-1A-1. Regulation of commercial vehicle weights.

§24A-1A-2. Creation of advisory committee; purpose; members; terms.

CHAPTER 24A, ARTICLE 2. COMMON CARRIERS BY MOTOR VEHICLES.

§24A-2-1. Subject to public utility and common carrier laws.

§24A-2-2. Provisions of chapter to govern; common carrier certificate and contract carrier permit.

§24A-2-2a. Regulation of business of towing, hauling or carrying wrecked or disabled vehicles.

§24A-2-2b. Rule-making authority; establishing rates for recovering, towing, hauling, carrying, or storing wrecked or disabled vehicles; complaint process; and required Legislative Audit.

§24A-2-3. Regulatory powers of commission.

§24A-2-4. Rates, fares and charges.

§24A-2-4a. Motor carriers transporting solid waste; pass through of landfill tip fees as rate surcharge.

§24A-2-4b. Motor carriers transporting solid waste; origin of waste disclosure; penalties.

§24A-2-5. Certificate of convenience and necessity.

§24A-2-6. For hire common carriers of passengers; definitions; driving time; rules.

CHAPTER 24A, ARTICLE 3. CONTRACT CARRIERS BY MOTOR VEHICLES.

§24A-3-1. Regulation required.

§24A-3-2. Provisions of chapter to govern.

§24A-3-3. Permit.

§24A-3-4. Regulatory powers of commission.

§24A-3-5. Undue preference prohibited.

§24A-3-6. Rules and regulations; minimum rates, fares and charges.

CHAPTER 24A, ARTICLE 4. PRIVATE COMMERCIAL CARRIERS OF PROPERTY BY MOTOR VEHICLE.

§24A-4-1. Vehicular and operational safety.

CHAPTER 24A, ARTICLE 5. POWERS AND DUTIES OF COMMISSION.

§24A-5-1. Powers of commission as to rates, schedules, etc.

§24A-5-2. Procedure for changing rates, etc.

§24A-5-2a. Procedure for changing rates for collection and hauling of solid waste by motor carriers; rural rates.

§24A-5-2b. Authorizing Public Service Commission to approve alternative pick-up due to adverse conditions.

§24A-5-3. Through rates; joint rates and service.

§24A-5-4. Merger, consolidation or joint ownership.

§24A-5-5. Further regulatory powers of the commission.

CHAPTER 24A, ARTICLE 6. DUTIES AND PRIVILEGES OF MOTOR CARRIERS SUBJECT TO REGULATION OF THE COMMISSION.

§24A-6-1. Adequate facilities; safety appliances; discontinuance or change; interchange of traffic; joint use of terminal facilities.

§24A-6-2. Rate schedules and reports.

§24A-6-3. Procedure as to certificates of convenience and necessity and permits issued prior to chapter.

§24A-6-4. Uniform vehicle identification card.

§24A-6-5. Repealed. Acts, 1961 Reg. Sess., Ch. 117.

§24A-6-6. Special annual assessment against motor carriers for expenses of administering chapter; Public Service Commission Motor Carrier Fund.

§24A-6-7. Indemnity agreement in motor carrier transportation contracts void.

CHAPTER 24A, ARTICLE 6A. REGISTRATION OF INTERSTATE COMMERCE COMMISSION AUTHORITY AND IDENTIFICATION OF VEHICLES TO BE OPERATED THEREUNDER.

§24A-6A-1. Filing of interstate commerce commission authority required; exception.

§24A-6A-2. Prior registration.

§24A-6A-3. When registration of vehicles required.

§24A-6A-4. Application for, issuance and use of identification stamps and cab cards; expiration of registration and identification.

§24A-6A-5. Form and execution of application for identification stamp; fee; option of commission to issue stamp, card or combination thereof.

§24A-6A-6. Form of identification stamp.

§24A-6A-7. Form of cab card.

§24A-6A-8. Use of cab cards in connection with vehicles not used in driveaway operations.

§24A-6A-9. Use of cab cards in driveaway operations.

§24A-6A-10. Inspection of cab cards.

§24A-6A-11. Destruction or nullification of cab cards.

§24A-6A-12. Alteration, loss, mutilation, etc., of cab cards.

§24A-6A-13. Collection of state taxes and fees not affected.

§24A-6A-14. Participation in the single state registration system.

§24A-6A-15. Unified Carrier Registration System.

CHAPTER 24A, ARTICLE 6B. REGISTRATION AND IDENTIFICATION OF VEHICLES OPERATED BY PERSONS ENGAGED IN HAZARDOUS MATERIALS TRANSPORTATION.

§24A-6B-1. Participation in the hazardous materials transportation registration system.

CHAPTER 24A, ARTICLE 7. COMPLAINTS, DAMAGES AND VIOLATIONS.

§24A-7-1. Complaints against motor carriers; statement of charges; satisfaction or investigation of complaint.

§24A-7-2. Falsifying records, etc.

§24A-7-3. Continuing offenses.

§24A-7-4. Penalty for violation of chapter; concurrent jurisdiction of justices.

§24A-7-5. Second offenses.

§24A-7-6. Duty of prosecuting attorneys and law-enforcement officers to enforce chapter; regulatory authority of commission; qualifications of commission employees designated as commercial vehicle enforcement officers.

§24A-7-7. Authority of motor carrier inspectors to enforce all traffic rules as to commercial vehicles; use of radar as evidence.

CHAPTER 24A, ARTICLE 8. REVIEW OF COMMISSION'S ACTION BY SUPREME COURT OF APPEALS; INCONSISTENT LAWS REPEALED.

§24A-8-1. Appeal from commission's action.

§24A-8-2. Inconsistent laws repealed.

CHAPTER 24B. GAS PIPELINE SAFETY.

CHAPTER 24B, ARTICLE 1. PURPOSE AND DEFINITIONS.

§24B-1-1. Purpose.

§24B-1-2. Definitions.

CHAPTER 24B, ARTICLE 2. POWERS AND DUTIES OF THE COMMISSION.

§24B-2-1. Jurisdiction.

§24B-2-2. Rules and regulations.

§24B-2-3. General investigatory powers.

§24B-2-4. Cooperation with the federal government.

CHAPTER 24B, ARTICLE 3. DUTIES OF PIPELINE COMPANIES.

§24B-3-1. In general.

§24B-3-2. Inspection and maintenance plans.

§24B-3-3. Annual safety reports.

§24B-3-4. Effect of chapter.

CHAPTER 24B, ARTICLE 4. HEARINGS; BURDEN OF PROOF; ENFORCEMENT.

§24B-4-1. Hearings.

§24B-4-2. Burden of proof.

§24B-4-3. Rules of practice and procedure.

§24B-4-4. Witnesses; testimony; subpoena.

§24B-4-5. Enforcement of lawful orders.

§24B-4-6. Penalties.

CHAPTER 24B, ARTICLE 5. EMPLOYEES OF COMMISSION; FUNDING.

§24B-5-1. Employees.

§24B-5-2. Compensation to commissioners.

§24B-5-3. Funding; property and revenue license fees.

CHAPTER 24B, ARTICLE 6. JUDICIAL REVIEW; NATURE OF COMMISSION'S POWERS.

§24B-6-1. Appeal from commission's action.

§24B-6-2. Commission's powers additional in nature.

CHAPTER 24C. UNDERGROUND FACILITIES DAMAGE PREVENTION.

CHAPTER 24C, ARTICLE 1. ONE-CALL SYSTEM.

§24C-1-1. Purpose.

§24C-1-2. Definitions.

§24C-1-2a. Underground Facilities Damage Prevention Board.

§24C-1-2b. Underground Damage Prevention Fund.

§24C-1-3. Duties and responsibilities of operators of underground facilities; failure of operator to comply.

§24C-1-4. Qualifications for certification and responsibilities of a one-call system.

§24C-1-5. Duties and responsibilities of excavators; failure of excavator to comply; civil penalties.

§24C-1-6. Standard color code for temporary markings.

§24C-1-7. Exceptions during emergencies.

§24C-1-8. Construction; sovereign immunity.

§24C-1-9. Civil enforcement.

§24C-1-10. Scope of authority.

§24C-1-11. Underground utilities to be locatable.

CHAPTER 24D. CABLE TELEVISION.

CHAPTER 24D, ARTICLE 1. CABLE TELEVISION SYSTEMS ACT.

§24D-1-1. Legislative findings.

§24D-1-2. Definitions.

§24D-1-3. Cable franchise required; franchising authority.

§24D-1-4. Existing cable franchises.

§24D-1-5. Duties of the Public Service Commission.

§24D-1-6. Application or proposal for cable franchise; fee; certain requirements.

§24D-1-7. Cable franchise application or proposal procedure; public hearing; notice.

§24D-1-8. Issuance of cable franchise authority; criteria; content.

§24D-1-9. Cable system installation, construction, operation, removal, general provisions.

§24D-1-10. Revocation, alteration, or suspension of cable franchise; penalties.

§24D-1-11. Renewal of cable franchise.

§24D-1-12. Transfer of cable franchise.

§24D-1-13. Rates; filing with Public Service Commission; approval.

§24D-1-14. Requirement for adequate service; terms and conditions of service.

§24D-1-15. Procedures for restoring interrupted service and improving substandard service.

§24D-1-16. Credit or refund for interrupted service.

§24D-1-17. Office operating requirements; office hours.

§24D-1-18. Notice to subscribers regarding quality of service.

§24D-1-19. Recording of subscriber complaints.

§24D-1-20. Franchise document clearinghouse.

§24D-1-21. Rights of individuals.

§24D-1-22. Complaints; violations; penalties.

§24D-1-23. Other duties of commission; suit to enforce chapter.

§24D-1-24. Annual reports.

§24D-1-25. Annual fees; effect of application and filing fees on franchise fees.

§24D-1-26. Cable television industry not regulated as a utility.

§24D-1-27. Current method of taxation preserved.

CHAPTER 24D, ARTICLE 2. TENANTS' RIGHTS TO CABLE SERVICES.

§24D-2-1. Legislative findings.

§24D-2-2. Definitions.

§24D-2-3. Landlord-tenant relationship.

§24D-2-4. Prohibition.

§24D-2-5. Just compensation.

§24D-2-6. Right of entry.

§24D-2-7. Notice of installation.

§24D-2-8. Application for just compensation.

§24D-2-9. Existing cable services protected.

§24D-2-10. Exception.

CHAPTER 24E. STATEWIDE ADDRESSING AND MAPPING.

CHAPTER 24E, ARTICLE 1. WEST VIRGINIA STATEWIDE ADDRESSING AND MAPPING BOARD.

§24E-1-1. Legislative findings; purpose.

§24E-1-2. Definitions.

§24E-1-3. West Virginia statewide addressing and mapping board; term of office; compensation and expenses of boardmembers; transfer of data; legal counsel.

§24E-1-4. Powers and duties of the West Virginia statewide addressing and mapping board.

§24E-1-5. West Virginia statewide addressing and mapping fund.

§24E-1-6. Legislative and emergency rules governing addressing and mapping standards.

§24E-1-7. Request for proposals; title to works; disbursements to vendors and public agencies; legislative and emergency rules.

§24E-1-8. Liability limitation.

§24E-1-9. Standard fees for maps, compilations or other works.

§24E-1-10. Use of facilities of Public Service Commission.

§24E-1-11. Termination of board; transfer of duties and title; legislative and emergency rules; advisory board.

§24E-1-12. Liberal construction.

CHAPTER 24F. VETERANS' GRAVE MARKERS.

CHAPTER 24F, ARTICLE 1. VETERANS' GRAVE MARKERS.

§24F-1-1. Legislative findings.

§24F-1-2. Powers and duties.

§24F-1-3. Cemeteries and companies that set and install memorial monument markers affected by rate regulation for setting of department of veterans' affairs grave markers.

§24F-1-3a. Setting of Department of Veterans' Affairs' grave markers by cemeteries and companies that set and install memorial monument markers.

§24F-1-4. Enforcement powers.

§24F-1-5. Review of final orders of commission.

§24F-1-6. Cemeteries and companies that set and install memorial monument markers not regulated as utilities.

CHAPTER 25. DIVISION OF CORRECTIONS.

CHAPTER 25, ARTICLE 1. ORGANIZATION, INSTITUTIONS AND CORRECTIONS MANAGEMENT.

§25-1-1 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-1a Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-2. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§25-1-3 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-3a Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-3b Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-3c Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-4 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-5 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-5a Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-6 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-7 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-8 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-9. Repealed. Acts, 1969 Reg. Sess., Ch. 139.

§25-1-10 Repealed Acts, 2017 Reg. Sess., Ch. 34.

§25-1-10a. Repealed. Acts, 1961 Reg. Sess., Ch. 138.

§25-1-11 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-11a Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-11b Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-11c Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-11d Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-11e Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-11f Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-12. Repealed. Acts, 1969 Reg. Sess., Ch. 139.

§25-1-13 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-14 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-15 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-16 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-16a Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-17 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-18 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-19 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-20 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-21 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-22 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§25-1-23. Repealed. Acts, 1969 Reg. Sess., Ch. 139.

§25-1-24. Repealed. Acts, 1969 Reg. Sess., Ch. 139.

§25-1-25. Repealed. Acts, 1969 Reg. Sess., Ch. 139.

§25-1-26. Repealed. Acts, 1969 Reg. Sess., Ch. 139.

§25-1-27. Repealed. Acts, 1969 Reg. Sess., Ch. 139.

§25-1-28. Repealed. Acts, 1969 Reg. Sess., Ch. 139.

§25-1-29. Repealed. Acts, 1969 Reg. Sess., Ch. 139.

§25-1-30. Repealed. Acts, 1969 Reg. Sess., Ch. 139.

§25-1-31. Repealed. Acts, 1969 Reg. Sess., Ch. 139.

§25-1-32. Repealed. Acts, 1969 Reg. Sess., Ch. 139.

§25-1-33. Repealed. Acts, 1969 Reg. Sess., Ch. 139.

§25-1-34. Repealed. Acts, 1969 Reg. Sess., Ch. 139.

CHAPTER 25, ARTICLE 1A. WEST VIRGINIA PRISONER LITIGATION REFORM ACT.

§25-1A-1. Definitions.

§25-1A-2. Exhaustion of ordinary administrative remedies.

§25-1A-2a. Exhaustion of administrative remedies which address sexual assault and sexual abuse.

§25-1A-3. Payment of filing fees and court costs.

§25-1A-4. Judicial review of initial pleading; dismissal.

§25-1A-5. Hearings.

§25-1A-6. Loss of good-time credit.

§25-1A-7. Court-ordered payments.

§25-1A-8. Attorney fees.

§25-1A-9. Limitations on civil actions brought by prisoners in forma pauperis.

CHAPTER 25, ARTICLE 1B. WEST VIRGINIA CORRECTIONAL CENTER NURSERY ACT.

§25-1B-1. Authorization; definitions.

§25-1B-2. Eligible inmates.

§25-1B-3. Terms of participation.

§25-1B-4. Termination of inmate's participation in program.

§25-1B-5. Collection of child support.

§25-1B-6. Program support; Correctional Center Nursery Fund.

§25-1B-7. Voluntary regulation.

CHAPTER 25, ARTICLE 2. PUBLIC PRINTING AND STATIONERY; STATE PUBLICATIONS.

§25-2-1. Repealed. Acts, 1935 Reg. Sess., Ch. 76.

§25-2-2. Repealed. Acts, 1935 Reg. Sess., Ch. 76.

§25-2-3. Repealed. Acts, 1935 Reg. Sess., Ch. 76.

§25-2-4. Repealed. Acts, 1935 Reg. Sess., Ch. 76.

§25-2-5. Repealed. Acts, 1935 Reg. Sess., Ch. 76.

§25-2-6. Repealed. Acts, 1935 Reg. Sess., Ch. 76.

§25-2-7. Repealed. Acts, 1935 Reg. Sess., Ch. 76.

§25-2-8. Repealed. Acts, 1935 Reg. Sess., Ch. 76.

§25-2-9. Repealed. Acts, 1935 Reg. Sess., Ch. 76.

§25-2-10. Repealed. Acts, 1935 Reg. Sess., Ch. 76.

§25-2-11. Repealed. Acts, 1935 Reg. Sess., Ch. 76.

§25-2-12. Repealed. Acts, 1935 Reg. Sess., Ch. 76.

§25-2-13. Repealed. Acts, 1935 Reg. Sess., Ch. 76.

§25-2-14. Repealed. Acts, 1935 Reg. Sess., Ch. 76.

§25-2-15. Repealed. Acts, 1935 Reg. Sess., Ch. 76.

§25-2-16. Repealed. Acts, 1935 Reg. Sess., Ch. 76.

§25-2-17. Repealed. Acts, 1935 Reg. Sess., Ch. 76.

§25-2-18. Repealed. Acts, 1935 Reg. Sess., Ch. 76.

§25-2-19. Repealed. Acts, 1935 Reg. Sess., Ch. 76.

CHAPTER 25, ARTICLE 3. CLAIMS OF CITIZENS AGAINST UNITED STATES GOVERNMENT FOR ILLEGAL TAX PAYMENTS.

§25-3-1. Repealed. Acts, 1969 Reg. Sess., Ch. 139.

§25-3-2. Repealed. Acts, 1969 Reg. Sess., Ch. 139.

§25-3-3. Repealed. Acts, 1969 Reg. Sess., Ch. 139.

§25-3-4. Repealed. Acts, 1969 Reg. Sess., Ch. 139.

§25-3-5. Repealed. Acts, 1969 Reg. Sess., Ch. 139.

§25-3-6. Repealed. Acts, 1969 Reg. Sess., Ch. 139.

CHAPTER 25, ARTICLE 4. CENTERS FOR HOUSING YOUNG ADULT OFFENDERS.

§25-4-1. Purpose of article.

§25-4-2. Establishment of centers.

§25-4-3. Authority of commissioner of corrections.

§25-4-4. Warden.

§25-4-5. Repealed. Acts, 1999 Reg. Sess., Ch. 64.

§25-4-6. Assignment of offenders to center; period of center confinement; return to court; sentence or probation; revocation of probation.

§25-4-7. Physical, educational and psychological examinations; transfer and placement.

§25-4-8. Labor, study or activities may be required.

§25-4-9. Wages of offenders.

§25-4-10. Authority to arrest inmates.

§25-4-11. Escape; aiding escape.

§25-4-12. Independent or cooperative establishment of centers.

CHAPTER 25, ARTICLE 5. PRIVATE PRISONS.

§25-5-1. Short title.

§25-5-2. Legislative findings and purpose.

§25-5-3. Definitions.

§25-5-4. Authority of the commissioner of the Division of Corrections; authority of secretary of department of public safety.

§25-5-5. Prohibition of constructing or operating a correctional facility; exceptions.

§25-5-6. Authority of the state and its political subdivisions to contract for correctional services.

§25-5-7. Granting private contractor ability to contract with foreign contracting agencies.

§25-5-8. Reporting requirements.

§25-5-9. Terms of contract.

§25-5-10. Site selection.

§25-5-11. Standards of operation; violations.

§25-5-12. Access by contracting agency, commissioner; reimbursement of expenses; report by commissioner.

§25-5-13. Sovereign immunity.

§25-5-14. Powers and duties not delegable to contractor.

§25-5-15. Bonding requirements.

§25-5-16. Insurance.

§25-5-17. Liability; indemnification.

§25-5-18. Firearms; capture of escapees; nonresident private correctional officers.

§25-5-19. Employee training requirements; preference.

§25-5-20. Reimbursement to state and its subdivisions.

CHAPTER 25, ARTICLE 6. BOOT CAMP.

§25-6-1. Purpose of article.

§25-6-2. Authorization to establish boot camp program.

§25-6-3. Definitions.

§25-6-4. Eligibility.

§25-6-5. Internal policy development.

§25-6-6. Reporting requirements; sunset provisions; performance audit.

§25-6-7. Construction and applicability of other acts.

CHAPTER 25, ARTICLE 7. CORRECTIONAL INDUSTRIES ACT OF 2009.

§25-7-1. Legislative findings.

§25-7-2. Citation of article.

§25-7-3. Establishment of industries at correctional facilities; purposes and extent.

§25-7-4. Correctional industries service contracts.

§25-7-5. Purchase of inmate-made goods by state agencies.

§25-7-6. Exceptions to mandatory purchase requirement.

§25-7-7. Catalogues and a website of articles and products made and produced.

§25-7-8. Commissioner to determine prices.

§25-7-9. Annual statements by the commissioner.

§25-7-10. Indebtedness for capital outlay projects.

§25-7-11. Correctional industries account.

§25-7-12. Sale of inmate-made goods on open market prohibited; penalty; exceptions.

§25-7-13. Establishment of programs authorized by the federal Prison Industry Enhancement (PIE) Certification Program for employment of inmates by private persons; lease of land and improvements.

§25-7-14. Agreement between commissioner and private person for manufacturing pursuant to Prison Industry Enhancement (PIE) Certification Program; wages; inmate participation on voluntary basis; and workers' compensation.

§25-7-15. Establishment of programs authorized by the federal Prison Industry Enhancement (PIE) Certification Program for employment of juvenile residents by private persons; lease of land and improvements.

§25-7-16. Agreement between director and private person for manufacturing pursuant to Prison Industry Enhancement (PIE) Certification Program; wages; resident participation on voluntary basis; workers' compensation and unemployment compensation.

CHAPTER 26. STATE HEALTH FACILITIES.

CHAPTER 26, ARTICLE 1. DEPARTMENT OF HEALTH FACILITIES.

§26-1-1. Department of Health Facilities.

§26-1-2. Secretary to be administrative head of department; appointment, qualifications, etc.; not to hold other office or engage in political activity.

§26-1-3. Secretary of Department of Health Facilities; powers and duties.

§26-1-4. Supervision of each facility by administrator and clinical director.

CHAPTER 26, ARTICLE 2. COLORED CHILDREN'S HOME.

§26-2-1. Repealed. Acts, 1969 Reg. Sess., Ch. 21.

§26-2-2. Repealed. Acts, 1969 Reg. Sess., Ch. 21.

§26-2-3. Repealed. Acts, 1969 Reg. Sess., Ch. 21.

CHAPTER 26, ARTICLE 3. HOME FOR AGED AND INFIRM MEN AND WOMEN.

§26-3-1. Establishment; name; management; superintendent.

§26-3-2. Admission of inmates.

§26-3-3. Transfer of inmates of state hospitals.

§26-3-4. Transfer of inmates from the industrial school for boys.

§26-3-5. How expenses to be paid.

CHAPTER 26, ARTICLE 4. HOME FOR AGED AND INFIRM COLORED MEN AND WOMEN.

§26-4-1. Repealed. Acts, 1961 Reg. Sess., Ch. 34.

§26-4-2. Repealed. Acts, 1961 Reg. Sess., Ch. 34.

§26-4-3. Repealed. Acts, 1961 Reg. Sess., Ch. 34.

CHAPTER 26, ARTICLE 5. JACKIE WITHROW HOSPITAL.

§26-5-1. Continuation; management; superintendent; qualifications of superintendent; division of fiscal, administrative and clinical duties; certain persons exempted from qualification requirements.

CHAPTER 26, ARTICLE 5A. TUBERCULOSIS CONTROL.

§26-5A-1. Repealed. Acts, 2005 Reg. Sess., Ch. 116.

§26-5A-2. Repealed. Acts, 2005 Reg. Sess., Ch. 116.

§26-5A-3. Repealed. Acts, 2005 Reg. Sess., Ch. 116.

§26-5A-4. Repealed. Acts, 2005 Reg. Sess., Ch. 116.

§26-5A-5. Repealed. Acts, 2005 Reg. Sess., Ch. 116.

§26-5A-5a. Return of escapees from state tuberculosis institutions.

§26-5A-6. Repealed. Acts, 2005 Reg. Sess., Ch. 116.

§26-5A-7. Repealed. Acts, 2005 Reg. Sess., Ch. 116.

CHAPTER 26, ARTICLE 6. DENMAR STATE HOSPITAL.

§26-6-1. Repealed. Acts, 2008 Reg. Sess., Ch 35.

§26-6-2. Repealed. Acts, 2008 Reg. Sess., Ch 35.

CHAPTER 26, ARTICLE 7. BERKELEY SPRINGS SANITARIUM.

§26-7-1. Repealed. Acts, 1985 Reg. Sess., Ch. 41.

§26-7-2. Repealed. Acts, 1985 Reg. Sess., Ch. 41.

§26-7-3. Repealed. Acts, 1985 Reg. Sess., Ch. 41.

§26-7-4. Repealed. Acts, 1985 Reg. Sess., Ch. 41.

§26-7-5. Repealed. Acts, 1985 Reg. Sess., Ch. 41.

CHAPTER 26, ARTICLE 8. EMERGENCY HOSPITALS.

§26-8-1. Continuation; management; superintendent; qualifications of superintendent; division of fiscal, administrative and clinical duties; certain persons exempted from qualification requirements.

§26-8-2. Patients; expenses; disposition of receipts.

§26-8-3. Admission of deformed, crippled or defective children.

CHAPTER 26, ARTICLE 9. HOPEMONT STATE HOSPITAL.

§26-9-1. Establishment and continuation; name and location; management; superintendent; qualifications of superintendent; division of fiscal, administrative and clinical duties; certain persons exempted from qualification requirements.

§26-9-2. Eligibility for admission of patients.

CHAPTER 26, ARTICLE 10. HOSPITALS, HOMES AND SANITARIA FEES.

§26-10-1. Authority of commissioner of public institutions to establish; exonerating persons from payment.

CHAPTER 26, ARTICLE 11. STATE EXTENDED CARE AND EMERGENCY FACILITIES.

§26-11-1. Management by director of health.

§26-11-2. Supervision of each facility by administrator; qualifications of administrator; clinical director.

§26-11-3. Guidelines for admissions; fees for the maintenance of persons.

§26-11-4. Transfer of residents; rules and regulations for maintenance of patients.

CHAPTER 27. MENTALLY ILL PERSONS.

CHAPTER 27, ARTICLE 1. WORDS AND PHRASES DEFINED.

§27-1-1. Definitions.

§27-1-2. Mental illness.

§27-1-3. Intellectual disability.

§27-1-4. Inebriate.

§27-1-5. Physician.

§27-1-6. State hospital.

§27-1-7. Administrator and clinical director.

§27-1-8. Resident of state and county.

§27-1-9. Mental health facility.

§27-1-10. Psychologists and psychiatrists.

§27-1-11. Addiction.

§27-1-12. Likely to cause serious harm.

§27-1-13. Chief medical officer.

§27-1-14. Detained or taken into custody.

§27-1-15. Computation of time.

§27-1-16. Incapacitated.

§27-1-17. Judicial officer.

CHAPTER 27, ARTICLE 1A. DEPARTMENT OF HEALTH.

§27-1A-1. Statement of policy.

§27-1A-2. Creation; composition; control of state hospitals.

§27-1A-3. Appointment of commissioner; qualifications; term; oath; bond; salary and expenses.

§27-1A-4. Powers and duties of the secretary.

§27-1A-5. Division of administration; deputy; deputy commissioner; deputy commissioner's qualifications, powers and duties.

§27-1A-6. Division of professional services; powers and duties of supervisor; liaison with other state agencies.

§27-1A-7. Division of community services; powers and duties of supervisor.

§27-1A-8. Superintendents to pay money to State Treasury through department of mental health; appropriations; deficiency; how met.

§27-1A-9. Transfer of control, records and property from board of control to department of mental health.

§27-1A-10. Transfer of records and personnel from department of health to division of community services.

§27-1A-11. Division on alcoholism and drug abuse; powers and duties; definitions.

§27-1A-12. Independent Informal Dispute Resolution.

CHAPTER 27, ARTICLE 2. MENTAL HEALTH FACILITIES.

§27-2-1. State hospitals and other facilities; transfer of control and property from Department of Mental Health to Department of Health and Human Resources; civil service coverage.

§27-2-1a. Repealed. Acts, 2010 1 Ex. Sess., Ch 14.

§27-2-1b. Repealed. Acts, 2010 1 Ex. Sess., Ch 14.

§27-2-2. Superintendents; qualifications and exceptions therefrom; salaries of superintendents and other officers and employees; furnishing of meals, household facilities, etc.

§27-2-3. Rules as to patients.

§27-2-4. Forms for committing patients; other records.

§27-2-5. Reports by superintendents; records of director of health.

§27-2-6. Moneys received by state hospitals and facilities.

CHAPTER 27, ARTICLE 2A. MENTAL HEALTH-INTELLECTUAL DISABILITY CENTERS.

§27-2A-1. Comprehensive community mental health-intellectual disability centers; establishment, operation and location; access to treatment.

CHAPTER 27, ARTICLE 3. CONFIDENTIALITY.

§27-3-1. Definition of confidential information; disclosure.

§27-3-2. Authorization of disclosure of confidential information.

CHAPTER 27, ARTICLE 4. VOLUNTARY HOSPITALIZATION.

§27-4-1. Authority to receive voluntary patients.

§27-4-2. Release of voluntary patients.

§27-4-3. Right to release on application.

§27-4-4. Admission and treatment of voluntary patients; statement of rights; consent for treatment.

CHAPTER 27, ARTICLE 5. INVOLUNTARY HOSPITALIZATION.

§27-5-1. Appointment of mental hygiene commissioner; duties of mental hygiene commissioner; duties of prosecuting attorney; duties of sheriff; duties of Supreme Court of Appeals; use of certified municipal law-enforcement officers.

§27-5-1a. Appointment of attorney to aid prosecutor; certification of performance; fee.

§27-5-1b. Pilot projects and other initiatives.

§27-5-2. Institution of proceedings for involuntary custody for examination; custody; probable cause hearing; examination of individual.

§27-5-2a. Process for involuntary hospitalization.

§27-5-3. Admission under involuntary hospitalization for examination; hearing; release.

§27-5-3a. Legal effect of commitment after determined not to be based on mental illness or addiction.

§27-5-4. Institution of final commitment proceedings; hearing requirements; release.

§27-5-5. Judicial review.

§27-5-6. Repealed. Acts, 1979 Reg. Sess., Ch. 69.

§27-5-7. Hospitalization by agency of the United States.

§27-5-8. Repealed. Acts, 1979 Reg. Sess., Ch. 69.

§27-5-9. Rights of patients.

§27-5-10. Transportation for the mentally ill or persons with substance use disorder.

§27-5-11. Modified procedures for temporary compliance orders for certain medication dependent persons with prior hospitalizations or convictions; instituting modified mental hygiene procedures; establishing procedures; providing for forms and reports.

CHAPTER 27, ARTICLE 6. SUICIDE PREVENTION AND AWARENESS.

§27-6-1. Dissemination of information.

CHAPTER 27, ARTICLE 6A. COMPETENCY AND CRIMINAL RESPONSIBILITY OF PERSONS CHARGED OR CONVICTED OF A CRIME.

§27-6A-1. Qualified forensic evaluator; qualified forensic psychiatrist; qualified forensic psychologist; definitions and requirements.

§27-6A-2. Competency of defendant to stand trial; cause for appointment of qualified forensic evaluator; written report; observation period; rules.

§27-6A-3. Competency of defendant to stand trial determination; preliminary finding; hearing; evidence; disposition.

§27-6A-4. Criminal responsibility or diminished capacity evaluation; court jurisdiction over persons found not guilty by reason of mental illness.

§27-6A-5. Release of acquittee to less restrictive environment; discharge from jurisdiction of the court; conditional release; and commitment.

§27-6A-6. Judicial hearing of defendant’s defense other than not guilty by reason of mental illness.

§27-6A-7. Release of defendant during course of criminal proceedings.

§27-6A-8. Credit for time; expenses.

§27-6A-9. Competency to be adjudicated in juvenile court.

§27-6A-10. Medications and management of court-ordered individuals.

§27-6A-11. Payment to forensic evaluators.

§27-6A-12. Development of a strategic plan for a sequential intercept model to divert adults and juveniles with mental illness, developmental disabilities, cognitive disabilities, and substance use disorders away from the criminal justice system into treatment and to promote continuity of care and interventions; directing submission of a report to the Legislature.

§27-6A-13. Dangerousness Assessment Advisory Board.

CHAPTER 27, ARTICLE 7. RELEASE, DISCHARGE AND READMISSION OF PATIENTS; ESCAPEES.

§27-7-1. Discharge.

§27-7-2. Release of patients on convalescent status.

§27-7-3. Release as unimproved.

§27-7-4. Readmission of patients.

§27-7-5. Return of escapees; veterans.

CHAPTER 27, ARTICLE 8. MAINTENANCE OF MENTALLY ILL OR MENTALLY RETARDED PATIENTS.

§27-8-1. Maintenance of patients; patient assets; reimbursement procedures.

§27-8-2. Repealed. Acts, 1997 Reg. Sess., Ch. 95.

§27-8-2a. Repealed. Acts, 1997 Reg. Sess., Ch. 95.

§27-8-2b. Local mental health programs — Separate account for receiving and expending gifts, bequests, donations, fees and miscellaneous income.

§27-8-3. Care of patients in boarding homes.

CHAPTER 27, ARTICLE 9. LICENSING OF HOSPITALS.

§27-9-1. License; regulations.

§27-9-2. Forensic group homes.

CHAPTER 27, ARTICLE 10. WEST VIRGINIA TRAINING SCHOOL.

§27-10-1. Repealed.Acts, 1965 Reg. Sess., Ch. 98.

§27-10-2. Repealed.Acts, 1965 Reg. Sess., Ch. 98.

§27-10-3. Repealed.Acts, 1965 Reg. Sess., Ch. 98.

§27-10-4. Repealed.Acts, 1965 Reg. Sess., Ch. 98.

§27-10-5. Repealed.Acts, 1965 Reg. Sess., Ch. 98.

CHAPTER 27, ARTICLE 11. COMMITTEE; DISPOSITION OF PROPERTY.

§27-11-1. Repealed.Acts, 1994 Reg. Sess., Ch. 64.

§27-11-2. Repealed.Acts, 1994 Reg. Sess., Ch. 64.

§27-11-3. Repealed.Acts, 1994 Reg. Sess., Ch. 64.

§27-11-4. Repealed.Acts, 1994 Reg. Sess., Ch. 64.

§27-11-5. Repealed.Acts, 1994 Reg. Sess., Ch. 64.

CHAPTER 27, ARTICLE 12. OFFENSES.

§27-12-1. Malicious making of medical certificate or complaint as to mental condition.

§27-12-2. Trespass on grounds of state hospitals.

§27-12-3. Miscellaneous offenses.

CHAPTER 27, ARTICLE 13. LAWS REPEALED; SEVERABILITY.

§27-13-1. Laws repealed.

§27-13-2. Severability.

CHAPTER 27, ARTICLE 14. INTERSTATE COMPACT ON MENTAL HEALTH.

§27-14-1. Governor to execute compact.

§27-14-2. Compact administrator.

§27-14-3. Supplementary agreements.

§27-14-4. Financial arrangements.

§27-14-5. Transmittal of copies of article.

CHAPTER 27, ARTICLE 15. INTERSTATE COMPACT ON THE MENTALLY DISORDERED OFFENDER.

§27-15-1. Enactment of compact.

§27-15-2. Who may enter into contracts under compact.

§27-15-3. Effective date.

CHAPTER 27, ARTICLE 16. STERILIZATION OF MENTAL DEFECTIVES.

§27-16-1. Repealed. Acts, 2013 Reg. Sess., Ch. 28.

§27-16-2. Repealed. Acts, 2013 Reg. Sess., Ch. 28.

§27-16-3. Repealed. Acts, 2013 Reg. Sess., Ch. 28.

§27-16-4. Repealed. Acts, 2013 Reg. Sess., Ch. 28.

§27-16-5. Repealed. Acts, 2013 Reg. Sess., Ch. 28.

CHAPTER 27, ARTICLE 17. GROUP RESIDENTIAL FACILITIES.

§27-17-1. Definitions.

§27-17-2. Permitted use of group residential facilities; restrictions.

§27-17-3. License from Office of Health Facility Licensure and Certification; regulations; and penalties.

§27-17-4. Exclusion by private agreement void.

CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.

CHAPTER 28, ARTICLE 1. COMMITMENT OF YOUTHFUL MALE OFFENDERS.

§28-1-1. Care of youthful male offenders.

§28-1-2. Commitment; age limits; physical, educational and psychological examinations; admission; transfer and placement.

§28-1-3. Repealed. Acts, 1980 Reg. Sess., Ch. 30.

§28-1-4. Conveyance of boys; expenses.

§28-1-5. Rules and regulations.

§28-1-6. Discharge or parole; arrest and return of paroled boys.

§28-1-7. Transfer of boys to and from penitentiary.

§28-1-8. Offenses relating to youth facilities; penalties; escape; arrest and return.

§28-1-9. Repealed. Acts, 1990 Reg. Sess., Ch. 56.

§28-1-10. Repealed. Acts, 1990 Reg. Sess., Ch. 56.

§28-1-11. Repealed. Acts, 1990 Reg. Sess., Ch. 56.

CHAPTER 28, ARTICLE 2. INDUSTRIAL SCHOOL FOR COLORED BOYS.

§28-2-1. Repealed.Acts, 1969 Reg. Sess., Ch. 21.

§28-2-2. Repealed.Acts, 1969 Reg. Sess., Ch. 21.

CHAPTER 28, ARTICLE 3. INDUSTRIAL HOME FOR YOUTH.

§28-3-1. Renaming West Virginia Industrial Home for Youth as Salem Correctional Center; transferring control to Division of Corrections.

§28-3-1a. Repealed. Acts, 2013 Reg. Sess., Ch. 39.

§28-3-1b. Repealed. Acts, 2013 Reg. Sess., Ch. 39.

§28-3-2. Repealed. Acts, 2013 Reg. Sess., Ch. 39.

§28-3-3. Repealed. Acts, 1980 Reg. Sess., Ch. 30.

§28-3-4. Repealed. Acts, 2013 Reg. Sess., Ch. 39.

§28-3-5. Repealed. Acts, 2013 Reg. Sess., Ch. 39.

§28-3-6. Repealed. Acts, 2013 Reg. Sess., Ch. 39.

§28-3-7. Repealed. Acts, 2013 Reg. Sess., Ch. 39.

§28-3-8. Repealed. Acts, 2013 Reg. Sess., Ch. 39.

§28-3-9. Repealed. Acts, 2013 Reg. Sess., Ch. 39.

§28-3-10. Repealed. Acts, 2013 Reg. Sess., Ch. 39.

§28-3-11. Repealed. Acts, 2013 Reg. Sess., Ch. 39.

§28-3-12. Repealed. Acts, 2013 Reg. Sess., Ch. 39.

§28-3-13. Repealed. Acts, 2013 Reg. Sess., Ch. 39.

§28-3-14. Repealed. Acts, 2013 Reg. Sess., Ch. 39.

§28-3-15. Repealed. Acts, 2013 Reg. Sess., Ch. 39.

§28-3-16. Repealed. Acts, 2013 Reg. Sess., Ch. 39.

§28-3-17. Repealed. Acts, 2013 Reg. Sess., Ch. 39.

§28-3-18. Repealed. Acts, 2013 Reg. Sess., Ch. 39.

§28-3-19. Repealed. Acts, 1969 Reg. Sess., Ch. 22.

§28-3-20. Repealed. Acts, 1969 Reg. Sess., Ch. 22.

§28-3-21. Repealed. Acts, 1969 Reg. Sess., Ch. 22.

§28-3-22. Repealed. Acts, 1969 Reg. Sess., Ch. 22.

CHAPTER 28, ARTICLE 4. INDUSTRIAL HOME FOR COLORED GIRLS.

§28-4-1. Repealed.Acts, 1969 Reg. Sess., Ch. 21.

§28-4-2. Repealed.Acts, 1969 Reg. Sess., Ch. 21.

CHAPTER 28, ARTICLE 5. THE PENITENTIARY.

§28-5-1. Repealed. Acts, 1998 Reg. Sess., Ch. 100.

§28-5-2. Repealed. Acts, 2008 Reg. Sess., Ch. 33.

§28-5-3. Repealed. Acts, 1999 Reg. Sess., Ch. 61.

§28-5-3a. Repealed. Acts, 1963 Reg. Sess., Ch. 170.

§28-5-4. Repealed. Acts, 1999 Reg. Sess., Ch. 61.

§28-5-5. Repealed. Acts, 1999 Reg. Sess., Ch. 61.

§28-5-6. Repealed. Acts, 2000 Reg. Sess., Ch. 61.

§28-5-7 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§28-5-8. Repealed. Acts, 2000 Reg. Sess., Ch. 56.

§28-5-8a Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§28-5-9. Repealed. Acts, 1967 Reg. Sess., Ch. 79.

§28-5-10. Repealed. Acts, 2008 Reg. Sess., Ch. 33.

§28-5-11. Repealed. Acts, 2008 Reg. Sess., Ch. 33.

§28-5-12. Repealed. Acts, 2008 Reg. Sess., Ch. 33.

§28-5-13. Repealed. Acts, 2008 Reg. Sess., Ch. 33.

§28-5-14. Repealed. Acts, 2008 Reg. Sess., Ch. 33.

§28-5-15. Repealed. Acts, 2008 Reg. Sess., Ch. 33.

§28-5-16. Repealed. Acts, 2008 Reg. Sess., Ch. 33.

§28-5-17. Repealed. Acts, 2008 Reg. Sess., Ch. 33.

§28-5-18. Repealed. Acts, 2008 Reg. Sess., Ch. 33.

§28-5-19. Repealed. Acts, 2008 Reg. Sess., Ch. 33.

§28-5-20. Repealed. Acts, 2008 Reg. Sess., Ch. 33.

§28-5-21. Repealed. Acts, 2008 Reg. Sess., Ch. 33.

§28-5-22. Repealed. Acts, 1998 Reg. Sess., Ch. 100.

§28-5-23 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§28-5-24 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§28-5-25. Repealed. Acts, 1986 Reg. Sess., Ch. 54.

§28-5-26. Repealed. Acts, 2005 Reg. Sess., Ch. 51.

§28-5-27 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§28-5-27a. Repealed. Acts, 1939 Reg. Sess., Ch. 24 and 1984 Reg. Sess., Ch. 46.

§28-5-28. Repealed. Acts, 1939 Reg. Sess., Ch. 24 and 1984 Reg. Sess., Ch. 46.

§28-5-29. Repealed. Acts, 1939 Reg. Sess., Ch. 24 and 1984 Reg. Sess., Ch. 46.

§28-5-30. Repealed. Acts, 1939 Reg. Sess., Ch. 24 and 1984 Reg. Sess., Ch. 46.

§28-5-31. Mentally diseased convicts; treatment; transfer between penal and mental health facilities; penal facility procedures.

§28-5-32. Repealed. Acts, 2002 Reg. Sess., Ch. 61.

§28-5-33. Appointment of committee of convict; bond.

§28-5-34. When estate committed to sheriff as committee.

§28-5-35. Appraisement, inventories and accounts by and compensation of committee.

§28-5-36. Suits by or against convict or committee.

§28-5-37. Maintenance of convict's wife and family.

§28-5-38. Mortgage, lease or sale of real estate of convicts.

§28-5-39. Disposition of estate on discharge or death of convict.

§28-5-40. How estate of nonresident convict paid over to foreign committee.

CHAPTER 28, ARTICLE 5A. HUTTONSVILLE CORRECTIONAL CENTER.

§28-5A-1. Repealed. Acts, 2008 Reg. Sess., Ch. 34.

§28-5A-2. Repealed. Acts, 2008 Reg. Sess., Ch. 34.

§28-5A-3. Repealed. Acts, 2008 Reg. Sess., Ch. 34.

§28-5A-4. Repealed. Acts, 2008 Reg. Sess., Ch. 34.

§28-5A-5. Repealed. Acts, 2008 Reg. Sess., Ch. 34.

§28-5A-6. Repealed. Acts, 1988 Reg. Sess., Ch. 28.

§28-5A-7. Repealed. Acts, 1988 Reg. Sess., Ch. 28.

CHAPTER 28, ARTICLE 5B. PRISON-MADE GOODS.

§28-5B-1. Repealed. Acts, 2009 Reg. Sess., Ch. 43.

§28-5B-2. Repealed. Acts, 2009 Reg. Sess., Ch. 43.

§28-5B-3. Repealed. Acts, 2009 Reg. Sess., Ch. 43.

§28-5B-4. Repealed. Acts, 2009 Reg. Sess., Ch. 43.

§28-5B-5. Repealed. Acts, 2009 Reg. Sess., Ch. 43.

§28-5B-6. Repealed. Acts, 2009 Reg. Sess., Ch. 43.

§28-5B-7. Repealed. Acts, 2009 Reg. Sess., Ch. 43.

§28-5B-8. Repealed. Acts, 2009 Reg. Sess., Ch. 43.

§28-5B-9. Repealed. Acts, 2009 Reg. Sess., Ch. 43.

§28-5B-10. Repealed. Acts, 2009 Reg. Sess., Ch. 43.

§28-5B-11. Repealed. Acts, 2009 Reg. Sess., Ch. 43.

§28-5B-12. Repealed. Acts, 2009 Reg. Sess., Ch. 43.

§28-5B-13. Repealed. Acts, 2009 Reg. Sess., Ch. 43.

§28-5B-14. Repealed. Acts, 2009 Reg. Sess., Ch. 43.

§28-5B-15. Repealed. Acts, 2009 Reg. Sess., Ch. 43.

§28-5B-16. Repealed. Acts, 2009 Reg. Sess., Ch. 43.

§28-5B-17. Repealed. Acts, 2009 Reg. Sess., Ch. 43.

§28-5B-18. Repealed. Acts, 2009 Reg. Sess., Ch. 43.

CHAPTER 28, ARTICLE 5C. IMPRISONMENT OF FEMALE FELONS.

§28-5C-1. Closure of West Virginia prison for women.

§28-5C-2. Commitment of female felons.

CHAPTER 28, ARTICLE 6. OUT-OF-STATE PAROLEE SUPERVISION.

§28-6-1. Repealed. Acts, 2005 Reg. Sess., Ch. 176.

§28-6-2. Repealed. Acts, 2005 Reg. Sess., Ch. 176.

CHAPTER 28, ARTICLE 7. INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT OFFENDERS.

§28-7-1. Execution of interstate compact for the supervision of adult offenders.

§28-7-2. State council for interstate adult offender supervision.

§28-7-3. Appointment of compact administrator.

§28-7-4. Transfer application fee.

CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.

CHAPTER 29, ARTICLE 1. DIVISION OF CULTURE AND HISTORY.

§29-1-1. Division of Culture and History continued as the Department of Arts, Culture, and History; sections and commissions; purposes; definitions; effective date.

§29-1-1a. Transfer of powers and duties; existing contracts and obligations.

§29-1-1b. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§29-1-2. General powers of curator.

§29-1-3. Commission on the Arts.

§29-1-4. Arts section; director.

§29-1-5. Archives and history commission.

§29-1-6. Archives and history section; director.

§29-1-7. Museums section; director.

§29-1-7a. Repealed. Acts, 1991 Reg. Sess., Ch. 42.

§29-1-8. Historic preservation section; director.

§29-1-8a. Protection of human skeletal remains, grave artifacts and grave markers; permits for excavation and removal; penalties.

§29-1-8b. Protection of historic and prehistoric sites; penalties.

§29-1-8c. State Library Section.

§29-1-8d National Coal Heritage Area Commission.

§29-1-9. Administrative section; director.

§29-1-10. Division employees classified by civil service; exceptions.

§29-1-11. Power to accept and receive funds; power to apply for grants; disbursal of funds; restrictions on expenditure; disposition of funds heretofore received or appropriated.

§29-1-12. Publication of materials; agreements.

§29-1-13. Land; control and disposal; rules and regulations.

§29-1-14. Washington-Carver Camp; prohibition of disposition or removal of minerals without authorization by the Legislature.

§29-1-15. Development or improvement on land; State Historic Preservation Office; rules and regulations.

CHAPTER 29, ARTICLE 1A. COMMISSION ON UNIFORM STATE LAWS.

§29-1A-1. Appointment and qualification; how vacancies filled.

§29-1A-2. Term of office; expenses.

§29-1A-2a. Life members.

§29-1A-3. Meetings and officers.

§29-1A-4. Duties of commission to secure uniformity in state laws; report to Legislature.

§29-1A-5. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 29, ARTICLE 1B. COMMISSION ON INTERSTATE COOPERATION.

§29-1B-1. Senate committee on interstate cooperation.

§29-1B-2. House committee on interstate cooperation.

§29-1B-3. West Virginia commission on interstate cooperation.

§29-1B-4. Terms of Senate and House committees.

§29-1B-5. Function of commission.

§29-1B-6. Commission may establish delegations and committees.

§29-1B-7. Names of committees and commission.

§29-1B-8. Filing interstate compacts.

CHAPTER 29, ARTICLE 1C. INTERSTATE COMMISSION ON THE POTOMAC RIVER BASIN.

§29-1C-1. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§29-1C-2. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§29-1C-3. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§29-1C-4. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§29-1C-5. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

CHAPTER 29, ARTICLE 1D. OHIO RIVER VALLEY WATER SANITATION COMMISSION.

§29-1D-1. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§29-1D-2. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§29-1D-3. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§29-1D-4. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§29-1D-5. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

§29-1D-6. Repealed.Acts, 1994 Reg. Sess., Ch. 61.

CHAPTER 29, ARTICLE 1E. SOUTHERN STATES ENERGY COMPACT.

§29-1E-1. Definitions.

§29-1E-2. Enactment of compact.

§29-1E-3. Membership of board.

§29-1E-4. Employees of board.

§29-1E-5. Duties of members of board.

§29-1E-6. Supplementary agreements.

§29-1E-7. Cooperation of state agencies, boards, departments, etc.

§29-1E-8. Appropriations.

§29-1E-9. Severability clause.

§29-1E-10. Effective date of amendments to compact; prior compact to continue in force.

CHAPTER 29, ARTICLE 1F. WHEELING CREEK WATERSHED PROTECTION AND FLOOD PREVENTION DISTRICT COMPACT.

§29-1F-1. Wheeling Creek Watershed protection and flood prevention district compact approved.

§29-1F-2. Appointment of members of commission; vacancies.

§29-1F-3. Contributions by political subdivisions.

§29-1F-4. Ohio county board of commissioners authorized to transfer certain special levy receipts to the Wheeling Creek watershed protection and flood prevention commission.

§29-1F-5. When commission authorized to dispose of real and personal property.

CHAPTER 29, ARTICLE 1G. INTERSTATE COMPACT ON AIR POLLUTION.

§29-1G-1. Repealed.Acts, 1979 Reg. Sess., Ch. 3.

§29-1G-2. Repealed.Acts, 1979 Reg. Sess., Ch. 3.

§29-1G-3. Repealed.Acts, 1979 Reg. Sess., Ch. 3.

§29-1G-4. Repealed.Acts, 1979 Reg. Sess., Ch. 3.

§29-1G-5. Repealed.Acts, 1979 Reg. Sess., Ch. 3.

CHAPTER 29, ARTICLE 1H. APPALACHIAN STATES LOW-LEVEL RADIOACTIVE WASTE COMPACT.

§29-1H-1. Appalachian states low-level radioactive waste compact approved.

§29-1H-2. Appointment of members of commission.

§29-1H-3. Powers of commission, duties of state officers, departments, etc.

§29-1H-4. Powers granted herein supplemental to other powers vested in Commission.

§29-1H-5. Cooperation of state agencies, boards, departments, subdivisions, etc.

§29-1H-6. Rules and regulations.

§29-1H-7. Enforcement.

§29-1H-8. Penalties.

§29-1H-9. Conflicting laws.

§29-1H-10. Fiscal implementation.

§29-1H-11. When article effective.

CHAPTER 29, ARTICLE 1I. VOLUNTARY VETERANS MEMORIAL CHECK-OFF PROGRAM.

§29-1I-1. Legislative intent.

§29-1I-2. Voluntary check-off designation.

§29-1I-3. Contributions credited to special fund.

§29-1I-4. Use of funds.

§29-1I-5. Effective date.

CHAPTER 29, ARTICLE 1J. JENNINGS RANDOLPH LAKE PROJECT COMPACT.

§29-1J-1. Jennings Randolph Lake Project Compact authorized.

§29-1J-2. Date on which article becomes effective.

CHAPTER 29, ARTICLE 2. GEODETIC AND GEOLOGICAL SURVEY.

§29-2-1. Entry on lands for surveying under federal acts.

§29-2-2. Condemnation of land for such purposes.

§29-2-3. Unlawful interference with signal, monument or building; penalty.

§29-2-4. State geological and economic survey director; qualifications for appointment; administrative powers and duties.

§29-2-5. Objects of survey.

§29-2-6. Reports to Legislature.

§29-2-7. Distribution of reports.

§29-2-8. Distribution of surplus materials.

§29-2-9. Right of engineers and surveyors to enter on property.

§29-2-10. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 29, ARTICLE 2A. STATE AERONAUTICS COMMISSION.

§29-2A-1. Definitions.

§29-2A-2. Short title; continuation of commission; membership and compensation; quorum.

§29-2A-3. Powers and duties of commission.

§29-2A-3a Repealed Acts, 2017 Reg. Sess., Ch. 202.

§29-2A-4. Organization of commission; meetings; reports; offices.

§29-2A-5. Director of aeronautics; appointment, qualifications, compensation, powers and duties; staff.

§29-2A-6. State financial assistance for county, municipal, and regional airports.

§29-2A-7. Federal aid.

§29-2A-8. Establishment and operation of state airports.

§29-2A-9 Repealed Acts, 2019 Reg. Sess., Ch. 130.

§29-2A-10. Public purpose of activities.

§29-2A-11. Operation of aircraft while under influence of alcohol, controlled substances or drugs; criminal penalties.

§29-2A-11a. Implied consent to test; administration at direction of law-enforcement officer; designation of type of test; definition of law-enforcement officer.

§29-2A-11b. Preliminary analysis of breath to determine alcoholic content of blood.

§29-2A-11c. How blood test administered; additional test at option of person tested; use of test results; certain immunity from liability incident to administering test.

§29-2A-11d. Interpretation and use of chemical test.

§29-2A-11e. Right to demand test.

§29-2A-11f. Fee for withdrawing blood sample and making urine test; payment of fees.

§29-2A-12. Operation of aircraft at low altitude or in careless and reckless manner; penalty.

§29-2A-13. Unauthorized taking or operation of aircraft; penalty.

§29-2A-14. Federal license required for operation of aircraft.

§29-2A-15. Repealed. Acts, 1995 Reg. Sess., Ch. 3.

§29-2A-16. Repealed. Acts, 1995 Reg. Sess., Ch. 3.

§29-2A-17 Repealed Acts, 2019 Reg. Sess., Ch. 130.

§29-2A-18 Repealed Acts, 2019 Reg. Sess., Ch. 130.

§29-2A-19 Repealed Acts, 2019 Reg. Sess., Ch. 130.

§29-2A-20. Enforcement of aeronautics laws.

§29-2A-21 Repealed Acts, 2019 Reg. Sess., Ch. 130.

§29-2A-22 Repealed Acts, 2019 Reg. Sess., Ch. 130.

§29-2A-23 Repealed Acts, 2019 Reg. Sess., Ch. 130.

§29-2A-24 Repealed Acts, 2019 Reg. Sess., Ch. 130.

§29-2A-25 Repealed Acts, 2019 Reg. Sess., Ch. 130.

§29-2A-26 Repealed Acts, 2019 Reg. Sess., Ch. 130.

§29-2A-27 Repealed Acts, 2019 Reg. Sess., Ch. 130.

§29-2A-28 Repealed Acts, 2019 Reg. Sess., Ch. 130.

CHAPTER 29, ARTICLE 2B. WEATHER MODIFICATION.

§29-2B-1. Repealed. Acts, 1995 Reg. Sess., Ch. 3.

CHAPTER 29, ARTICLE 3. FIRE PREVENTION AND CONTROL ACT.

§29-3-1. Short title.

§29-3-2. Legislative findings and declaration of policy.

§29-3-3. State Fire Commission created; composition; qualifications; appointment; terms of office; removal; vacancies; compensation and expenses.

§29-3-4. Chairman; vice chairman; meetings; quorum.

§29-3-5. Promulgation of rules and State Fire Code.

§29-3-5a. Hazardous substance emergency response training programs.

§29-3-5b. Promulgation of rules and statewide building code.

§29-3-5c. Liquified petroleum gas systems.

§29-3-5d. Volunteer firefighters’ training.

§29-3-5e. Courtesy certification of firefighters in surrounding states to serve as volunteer firefighter.

§29-3-5f. Fire Service Equipment and Training Fund; creation of fire service equipment and training grant.

§29-3-5g. Class B fire-fighting foam.

§29-3-6. Public hearings and notice.

§29-3-7. Commission’s powers in conduct of public hearing.

§29-3-8. Comprehensive report by State Fire Marshal.

§29-3-9. Powers, duties and authority of State Fire Commission and State Fire Marshal.

§29-3-10. State fire marshal’s office transferred to state Fire Commission; powers and duties of state Insurance Commissioner with respect to fire marshal terminated; operation of commission prior to adoption of code.

§29-3-11. Appointment of State Fire Marshal; term of office; removal; salary; qualifications; responsibilities; employees; equipment.

§29-3-12. Powers and duties of State Fire Marshal.

§29-3-12a. Responsibilities of insurance companies in fire loss investigation.

§29-3-12b. Fees.

§29-3-13. Annual reports.

§29-3-14. Maintenance of fire hazard; order for repair or demolition; order to contain notice to comply and right to appeal.

§29-3-15. Service of repair or demolition order.

§29-3-16. Work to be done at expense of owner or occupant upon failure to comply with repair or demolition order; action to recover.

§29-3-16a. Smoke detectors in one- and two-family dwellings; carbon monoxide detectors in residential units, schools, and daycare facilities; penalty.

§29-3-16b. Use of live trees in public buildings; exceptions.

§29-3-16c. Safety standards for bed and breakfast establishments; findings.

§29-3-16d. Performance of installation of propane gas systems.

§29-3-17. Additional remedies to abate, etc., fire hazards.

§29-3-18. Appellate procedure generally.

§29-3-19. Establishment of demonstration buildings and equipment for educational instruction in fire prevention and protection; payment therefor.

§29-3-20. Repealed. Acts, 2001 Reg. Sess., Ch. 131.

§29-3-21. False alarm of fire; penalties.

§29-3-22. Tax on insurance companies.

§29-3-23 Repealed. Acts, 2016 Reg. Sess., Ch. 121

§29-3-24 Repealed. Acts, 2016 Reg. Sess., Ch. 121

§29-3-25 Repealed. Acts, 2016 Reg. Sess., Ch. 121

§29-3-26 Repealed. Acts, 2016 Reg. Sess., Ch. 121

§29-3-27. Penalties.

§29-3-28. Transfer of certain state employees; perpetuation of rules, regulations and orders.

§29-3-29. Construction.

§29-3-30. Severability.

§29-3-31. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§29-3-32. Awarding service weapon upon retirement of fire marshal or service weapon.

CHAPTER 29, ARTICLE 3A. AUTHORITY OF LOCAL FIRE DEPARTMENTS.

§29-3A-1. Authority of fire officers in charge of fire, service call or other emergency; definition.

§29-3A-2. Person in command at fire scene may take and preserve certain property; restitution.

§29-3A-3. Conducting investigation to determine cause of fire.

§29-3A-4. Person attacking or hindering or obstructing firefighter or emergency equipment; penalties.

CHAPTER 29, ARTICLE 3B. SUPERVISION OF ELECTRICIANS.

§29-3B-1. Declaration of purpose.

§29-3B-2. Necessity of license; definitions.

§29-3B-3. Exemptions; nonapplicability of license requirements; legislative rules for limited reciprocity.

§29-3B-4. Licenses; classes of licenses; issuance of licenses by commissioner; qualifications required for license; nontransferability and nonassignability of licenses; expiration of license; renewal; reciprocity.

§29-3B-4a. Veteran qualification for examination for license as an electrician.

§29-3B-5. Rules; applications and examinations; fees.

§29-3B-6. Relicensing without retesting after nonrenewal under certain circumstances.

§29-3B-7. Denial of license; suspension and revocation of license.

§29-3B-8. Effect of noncompliance with article; failure to obtain license.

§29-3B-9. Nonapplicability of local ordinances; exclusive license.

§29-3B-10. Disposition of fees, fines and other receipts.

CHAPTER 29, ARTICLE 3C. CERTIFICATION OF ELECTRICAL INSPECTORS.

§29-3C-1. Purpose.

§29-3C-2. Definitions.

§29-3C-3. Certification of electrical inspectors required.

§29-3C-4. Certification program; duties of the State Fire Marshal; rulemaking.

§29-3C-5. Denial of license; suspension and revocation of license.

§29-3C-6. Suspension or revocation of certification.

§29-3C-7. Prohibited acts.

§29-3C-8. Required reporting of violations.

§29-3C-9. Noncompliance with article; failure to obtain certification; penalty.

§29-3C-10. Disposition of fees and other receipts.

CHAPTER 29, ARTICLE 3D. SUPERVISION OF FIRE PROTECTION WORK.

§29-3D-1. Declaration of purpose.

§29-3D-2. Definitions.

§29-3D-3. License required; exemptions.

§29-3D-4. Rule-making authority.

§29-3D-4a. Veteran qualification for license as a journeyman sprinkler fitter or a sprinkler fitter in training.

§29-3D-5. Enforcement.

§29-3D-6. Denial, suspension and revocation of license.

§29-3D-7. Penalties.

§29-3D-8. Inapplicability of local ordinances.

§29-3D-9. Disposition of fees.

CHAPTER 29, ARTICLE 3E. FIREWORKS SAFETY.

§29-3E-1. Unlawful acts.

§29-3E-2. Definitions.

§29-3E-3. Production or transportation of fireworks.

§29-3E-4. Sparkling devices and novelties registration required.

§29-3E-5. Consumer fireworks certificate required.

§29-3E-6. Required permit for public fireworks display.

§29-3E-7. Fireworks safety fee; administration; tax crimes; collections; remittances; deposits; distributions; rules.

§29-3E-8. State Fire Marshal’s Rule-making Authority.

§29-3E-9. Exemptions.

§29-3E-10. Local municipalities' regulation of consumer fireworks.

§29-3E-11. Violations of this article; penalties.

§29-3E-12. Miscellaneous offenses; penalties.

§29-3E-13. Seizures by the State Fire Marshal; enforcement of law.

§29-3E-14. Reporting requirements; duration of reporting requirements.

CHAPTER 29, ARTICLE 4. NOTARIES PUBLIC AND COMMISSIONERS.

§29-4-1. Repealed. Acts, 1996 Reg. Sess., Ch. 89.

§29-4-2. Repealed. Acts, 1984 Reg. Sess., Ch. 136.

§29-4-2a. Repealed. Acts, 1984 Reg. Sess., Ch. 136.

§29-4-2b. Repealed. Acts, 1984 Reg. Sess., Ch. 136.

§29-4-3. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29-4-4. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29-4-5. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29-4-6. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29-4-7. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29-4-8. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29-4-9. Repealed. Acts, 1984 Reg. Sess., Ch. 136.

§29-4-10. Repealed. Acts, 1984 Reg. Sess., Ch. 136.

§29-4-11. Repealed. Acts, 1984 Reg. Sess., Ch. 136.

§29-4-12. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29-4-13. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29-4-14. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29-4-15. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29-4-16. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

CHAPTER 29, ARTICLE 4A. DEPARTMENT OF PUBLIC WELFARE.

§29-4A-1. Repealed.Acts, 1936, 1st Ex. Sess. Ch. 1.

§29-4A-2. Repealed.Acts, 1936, 1st Ex. Sess. Ch. 1.

§29-4A-3. Repealed.Acts, 1936, 1st Ex. Sess. Ch. 1.

§29-4A-4. Repealed.Acts, 1936, 1st Ex. Sess. Ch. 1.

§29-4A-5. Repealed.Acts, 1936, 1st Ex. Sess. Ch. 1.

§29-4A-6. Repealed.Acts, 1936, 1st Ex. Sess. Ch. 1.

§29-4A-7. Repealed.Acts, 1936, 1st Ex. Sess. Ch. 1.

§29-4A-8. Repealed.Acts, 1936, 1st Ex. Sess. Ch. 1.

CHAPTER 29, ARTICLE 5. BUREAU OF NEGRO WELFARE AND STATISTICS.

§29-5-1. Repealed. Acts, 1981 Reg. Sess., Ch. 173.

CHAPTER 29, ARTICLE 5A. STATE ATHLETIC COMMISSION.

§29-5A-1. Creation of commission; members; officers; seal and rules.

§29-5A-1a. Commission office; administrative support provided by Lottery Commission.

§29-5A-2. Powers and duties of secretary; penalty for false swearing, etc.; biennial reports of commission.

§29-5A-3. Commission to have sole control of boxing, etc., matches; licenses; municipality not to tax boxing, etc., club.

§29-5A-3a. Power to regulate mixed martial arts.

§29-5A-3b. State Athletic Commission Fund.

§29-5A-4. Licenses to be in lieu of all other licenses.

§29-5A-5. Expense of commission.

§29-5A-6. Payment of official in charge.

§29-5A-7. Interference with or restraining of professional boxing or exhibitions.

§29-5A-8. Issuance of license; qualification for licenses; application of other provisions of chapter; hearings.

§29-5A-9. Sanction or permit from commission.

§29-5A-10. Repealed. Acts, 2015 Reg. Sess., Ch. 56.

§29-5A-11. Repealed. Acts, 2004 Reg. Sess., Ch. 58.

§29-5A-12. Repealed. Acts, 2015 Reg. Sess., Ch. 221.

§29-5A-13. Cancellation of license for fake boxing, etc., exhibition; penalty for participating in such exhibition.

§29-5A-14. Suspension, revocation, etc., of license.

§29-5A-15. Reports by clubs to commission; bonds of applicants for license.

§29-5A-16. Presence of members of commission or inspector at exhibitions and matches.

§29-5A-17. Referee and judges; appointment by commission; powers, payment.

§29-5A-18. Examination of contestants by physician; presence at contest; report to commission.

§29-5A-19. Weight of contestants.

§29-5A-20. Licenses for contestants, referees, and managers.

§29-5A-21. Penalty for engaging in unlawful contest.

§29-5A-22. Penalty for violation not expressly provided for.

§29-5A-23. Injunctive relief for violation of chapter.

§29-5A-24. Rules governing contestants and matches.

§29-5A-25. Special permits to American Legion and other organizations.

§29-5A-25a. Certain amateur matches exempt.

§29-5A-26. Severability.

CHAPTER 29, ARTICLE 6. CIVIL SERVICE SYSTEM.

§29-6-1. General purpose.

§29-6-2. Definition of terms.

§29-6-3. Classified service.

§29-6-4. Classified-exempt service; additions to classified service; exemptions.

§29-6-4a. Repealed. Acts, 1989 Reg. Sess., Ch. 29.

§29-6-5. Division of Personnel continued; functions.

§29-6-5a. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§29-6-6. State Personnel Board continued; members; term; quorum; vacancies; powers and duties.

§29-6-7. Director of personnel; appointment; qualifications; powers and duties.

§29-6-7a. Report on a centralized personnel system.

§29-6-8. Duties of board generally.

§29-6-9. Civil service commission abolished; transfer of duties and responsibilities; rule of construction; transfer of employees, equipment, and records; continuation of programs, protections and rules.

§29-6-9a. Repealed. Acts, 2009 Reg. Sess., Ch. 202.

§29-6-10. Rules of division.

§29-6-10a. Reduction in work force.

§29-6-11. Duty to furnish facilities for division's use.

§29-6-12. Duties of state officers and employees; legal proceedings to secure compliance with article and rules.

§29-6-13. Repealed. Acts, 1989 Reg. Sess., Ch. 29.

§29-6-14. Certification of payrolls; wrongfully withholding certification of payroll.

§29-6-15. Repealed. Acts, 1989 Reg. Sess., Ch. 29.

§29-6-16. Records of division.

§29-6-17. Services to political subdivisions; cooperation with agencies for other jurisdictions.

§29-6-17a. Repealed. Acts, 1999 Reg. Sess., Ch. 52.

§29-6-17b. Repealed. Acts, 1999 Reg. Sess., Ch. 52.

§29-6-18. Repealed. Acts, 1989 Reg. Sess., Ch. 29.

§29-6-19. Refusal to testify.

§29-6-20. Favoritism or discrimination because of political or religious opinions, affiliations or race; political activities prohibited.

§29-6-21. Acts prohibited.

§29-6-22. Penalties.

§29-6-23. Special fund; appropriations; cost of administering article; acceptance of grants or contribution; disbursements.

§29-6-24. Posting of job openings.

§29-6-25. Implementation; report to Governor and Legislature.

§29-6-26. Employee representative organization bulletin boards.

§29-6-27. Leave donation program.

§29-6-28. Leave time for organ donation.

CHAPTER 29, ARTICLE 6A. GRIEVANCE PROCEDURE FOR STATE EMPLOYEES.

§29-6A-1. Repealed. Acts, 2007 Reg. Sess., Ch. 207.

CHAPTER 29, ARTICLE 7. POET LAUREATE.

§29-7-1. Appointment; qualifications; salary.

CHAPTER 29, ARTICLE 8. BLENNERHASSETT ISLAND HISTORICAL STATE PARK COMMISSION.

§29-8-1. Blennerhassett Island Historical State Park Commission termination.

§29-8-2. Repealed. Acts, 2008 Reg. Sess., Ch. 20.

§29-8-3. Repealed. Acts, 2008 Reg. Sess., Ch. 20.

§29-8-4. Repealed. Acts, 2008 Reg. Sess., Ch. 20.

§29-8-5. Repealed. Acts, 2008 Reg. Sess., Ch. 20.

§29-8-6. Repealed. Acts, 1989 Reg. Sess., Ch. 20.

§29-8-7. Repealed. Acts, 1989 Reg. Sess., Ch. 20.

§29-8-8. Repealed. Acts, 1989 Reg. Sess., Ch. 20.

§29-8-9. Repealed. Acts, 1989 Reg. Sess., Ch. 20.

§29-8-10. Repealed. Acts, 1989 Reg. Sess., Ch. 20.

CHAPTER 29, ARTICLE 9. INDUSTRIAL AND PUBLICITY COMMISSION.

§29-9-1. Repealed. Acts, 1961 Reg. Sess., Ch. 131.

CHAPTER 29, ARTICLE 10. STATE PLANNING BOARD.

§29-10-1. Repealed. Acts, 1959 Reg. Sess., Ch. 50.

CHAPTER 29, ARTICLE 11. SURPLUS PROPERTY AGENCY.

§29-11-1. Repealed. Acts, 1961 Reg. Sess., Ch. 132.

CHAPTER 29, ARTICLE 12. STATE INSURANCE.

§29-12-1. Intent and objects.

§29-12-2. Definitions.

§29-12-3. State Board of Risk and Insurance Management; creation, composition, qualifications, and compensation.

§29-12-4. Organization, meetings, records and reports of board.

§29-12-5. Powers and duties of board.

§29-12-5a. Liability insurance for county boards of education, their employees and members, the county superintendent of schools, and public charter schools electing to obtain coverage; written notice of coverage to insureds.

§29-12-5b. Transit insurance.

§29-12-5c. Repealed. Acts, 2002 Reg. Sess., Ch. 170.

§29-12-6. Reports to be furnished board by state officers and departments; state records.

§29-12-7. Placement of insurance on state property, activities and responsibilities.

§29-12-8. Powers, duties, etc., of department of purchases pertaining to state insurance transferred to board.

§29-12-9. Penalties for violation of article.

§29-12-10. Repeal of inconsistent laws.

§29-12-11. Interpretation and purpose; Constitutionality.

§29-12-12. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§29-12-13. Premium tax liability.

§29-12-14. Promulgation of rules.

§29-12-15. Moratorium on providing new or additional insurance coverage for any permissive entity, property, activity, etc.

§29-12-16. Non-renewal of policies for permissive non-governmental entities.

CHAPTER 29, ARTICLE 12A. GOVERNMENTAL TORT CLAIMS AND INSURANCE REFORM ACT.

§29-12A-1. Short title; purposes.

§29-12A-2. Legislative findings.

§29-12A-3. Definitions.

§29-12A-4. Governmental and proprietary functions of political subdivisions; liability for damages.

§29-12A-5. Immunities from liability.

§29-12A-6. Limitation of actions; specification of amount of damages not allowed.

§29-12A-7. Punitive damages not allowed; limitation on noneconomic loss; joint and several liability.

§29-12A-8. Suits.

§29-12A-9. Settlement or defense of suit; effect of liability insurance.

§29-12A-10. Enforcement of judgment.

§29-12A-11. Defense and indemnification of employees; settlement.

§29-12A-12. Recovery of payments from employees.

§29-12A-13. Venue; parties; real party in interest; service of process.

§29-12A-14. Application of West Virginia laws and statutes and rules of procedure.

§29-12A-15. Exempt claim.

§29-12A-16. Procurement of liability insurance and self-insurance.

§29-12A-17. Liability insurance rates; rate filings; cancellations; group insurance.

§29-12A-18. Applicability.

CHAPTER 29, ARTICLE 12B. WEST VIRGINIA HEALTH CARE PROVIDER PROFESSIONAL LIABILITY INSURANCE AVAILABILITY ACT.

§29-12B-1. Short title.

§29-12B-2. Legislative findings.

§29-12B-3. Definitions.

§29-12B-4. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§29-12B-5. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§29-12B-6. Health care provider professional liability insurance programs.

§29-12B-7. Eligibility criteria for participation in health care provider professional liability insurance programs.

§29-12B-8. Preferred professional liability insurance program.

§29-12B-9. High risk professional liability insurance program.

§29-12B-10. Deposit, expenditure and investment of premiums.

§29-12B-11. Payments for settlement or judgment.

§29-12B-12. Information exempt from disclosure.

§29-12B-13. Appeal bond.

§29-12B-14. Effective date and termination of authority.

CHAPTER 29, ARTICLE 12C. PATIENT INJURY COMPENSATION PLAN.

§29-12C-1 Repealed. Acts, 2016 Reg. Sess., Ch. 40

§29-12C-2 Repealed. Acts, 2016 Reg. Sess., Ch. 40

CHAPTER 29, ARTICLE 12D. WEST VIRGINIA PATIENT INJURY COMPENSATION FUND.

§29-12D-1. Creation of the Patient Injury Compensation Fund; purpose; initial funding of Patient Injury Compensation Fund.

§29-12D-1a. Additional funding for Patient Injury Compensation Fund; assessment on licensed physicians; assessment on hospitals; assessment on certain awards.

§29-12D-2. Administration of fund; investment of fund assets; annual actuarial review and audit; fund assets and liabilities not assets and liabilities of the state.

§29-12D-3. Payments from the Patient Injury Compensation Fund.

CHAPTER 29, ARTICLE 13. ECONOMIC DEVELOPMENT AGENCY.

§29-13-1. Repealed. Acts, 1961 Reg. Sess., Ch. 131.

CHAPTER 29, ARTICLE 14. STATE COMMISSION ON AGING.

§29-14-1. Repealed. Acts, 1997 Reg. Sess., Ch. 166.

CHAPTER 29, ARTICLE 15. STATE COMMISSION ON INTELLECTUAL DISABILITY.

§29-15-1. Creation and composition.

§29-15-2. Quorum; officers; meetings.

§29-15-3. Employment, salary and expenses of personnel.

§29-15-4. Repealed. Acts, 1991 Reg. Sess., Ch. 149.

§29-15-5. Purposes.

§29-15-6. State agency for federal intellectual disability program.

§29-15-7. Donations and grants.

§29-15-8. Annual report required.

CHAPTER 29, ARTICLE 16. DEPARTMENT OF PERSONNEL.

§29-16-1. Repealed. Acts, 1969 Reg. Sess., Ch. 100.

CHAPTER 29, ARTICLE 17. THE WEST VIRGINIA ARTS AND HUMANITIES COUNCIL.

§29-17-1. Repealed.Acts, 1977 Reg. Sess., Ch. 7.

§29-17-2. Repealed.Acts, 1977 Reg. Sess., Ch. 7.

§29-17-3. Repealed.Acts, 1977 Reg. Sess., Ch. 7.

§29-17-4. Repealed.Acts, 1977 Reg. Sess., Ch. 7.

§29-17-5. Repealed.Acts, 1977 Reg. Sess., Ch. 7.

§29-17-6. Repealed.Acts, 1977 Reg. Sess., Ch. 7.

§29-17-7. Repealed.Acts, 1977 Reg. Sess., Ch. 7.

CHAPTER 29, ARTICLE 18. WEST VIRGINIA STATE RAIL AUTHORITY.

§29-18-1. Short title.

§29-18-2. Declaration of policy and responsibility; purpose and intent of article; findings.

§29-18-3. Definitions.

§29-18-4. West Virginia state rail authority continued; organization of authority; appointment of members; term of office, compensation and expenses; director of authority; termination date.

§29-18-4a. Supervision of West Virginia State Rail Authority; executive director’s compensation.

§29-18-5. Authority may construct, maintain, etc., railroad maintenance projects.

§29-18-6. Powers, duties and responsibilities of authority generally.

§29-18-7. Operations; purchases.

§29-18-8. Creation of railroad maintenance authority fund.

§29-18-9. Expenditure of funds for study and engineering of proposed projects.

§29-18-10. Authority empowered to issue bonds, renewal notes and refunding bonds; requirements and manner of such issuance.

§29-18-11. Trustee for bondholders; contents of trust agreement.

§29-18-12. Legal remedies of bondholders and trustees.

§29-18-13. Bonds and notes not debt of state, county, municipality or of any political subdivision; expenses incurred pursuant to article.

§29-18-14. Use of funds by authority; restrictions thereon.

§29-18-15. Investment of funds by authority.

§29-18-16. Rentals and other revenues from railroad projects; contracts and leases of authority; cooperation of other governmental agencies; bonds of such agencies.

§29-18-17. Maintenance, operation and repair of projects; reports by authority to Governor and Legislature.

§29-18-18. Railroad maintenance bonds lawful investments.

§29-18-19. Exemption from taxation.

§29-18-20. Acquisition of property by authority; governmental agencies authorized to convey, etc., property.

§29-18-21. Property of public utilities and common carriers.

§29-18-22. Financial interest in contracts prohibited; penalty.

§29-18-23. Meetings and records of authority to be kept public.

§29-18-24. Creation of the West Virginia Commuter Rail Access Fund.

§29-18-25. State rail plan required.

CHAPTER 29, ARTICLE 19. SOLICITATION OF CHARITABLE FUNDS ACT.

§29-19-1. Short title.

§29-19-1a. General purpose.

§29-19-2. Definitions.

§29-19-3. Repealed. Acts, 1995 Reg. Sess., Ch. 234.

§29-19-4. Repealed. Acts, 1995 Reg. Sess., Ch. 234.

§29-19-5. Registration of charitable organizations; fee.

§29-19-6. Certain persons and organizations exempt from registration.

§29-19-7. Filing of solicitation contracts.

§29-19-8. Limitations on activities of charitable organizations.

§29-19-9. Registration of professional fundraising counsel and professional solicitor; bonds; records; books.

§29-19-10. Information filed to become public records.

§29-19-11. Records to be kept by charitable organizations, professional fund-raising counsel and professional solicitors.

§29-19-12. Reciprocal agreements.

§29-19-13. Prohibited acts.

§29-19-14. Nonresident charitable organizations, professional fund-raising counsel and solicitors; designation of Secretary of State as agent for service of process; notice of such service by Attorney General.

§29-19-15. Enforcement and penalties.

§29-19-15a. Private actions and class actions.

§29-19-15b. Civil penalty for intentional violations.

§29-19-16. Repealed. Acts, 1995 Reg. Sess., Ch. 234.

CHAPTER 29, ARTICLE 20. WOMEN'S COMMISSION.

§29-20-1. Membership; appointment and terms of members; organization; reimbursement for expenses.

§29-20-2. Powers and duties of commission.

§29-20-3. Commission administrative personnel.

§29-20-4. Power of commission to accept funds.

§29-20-5. Rules and regulations.

§29-20-6. Annual report.

§29-20-7. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 29, ARTICLE 21. PUBLIC DEFENDER SERVICES.

§29-21-1. Legislative findings; purpose.

§29-21-2. Definitions.

§29-21-3. Establishment of Public Defender Services.

§29-21-3a. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§29-21-3b. Indigent Defense Commission.

§29-21-4. Purpose and duties of Public Defender Services.

§29-21-5. Executive director.

§29-21-6. Powers, duties, and limitations.

§29-21-7. Criminal law research center established; functions.

§29-21-8. Public defender corporations; establishment thereof.

§29-21-9. Panel attorneys.

§29-21-10. Repealed. Acts, 2008 Reg. Sess., Ch. 117.

§29-21-11. Repealed. Acts, 2008 Reg. Sess., Ch. 117.

§29-21-12. Repealed. Acts, 2008 Reg. Sess., Ch. 117.

§29-21-13. Approval of public defender corporation funding applications; funding; recordkeeping by public defender corporations.

§29-21-13a. Compensation and expenses for panel attorneys.

§29-21-14. Limitation on use of funds; exceptions.

§29-21-14a. Repealed. Acts, 1989 Reg. Sess., Ch. 169.

§29-21-14b. Repealed. Acts, 1989 Reg. Sess., Ch. 169.

§29-21-15. Public defender corporations -- Board of directors.

§29-21-16. Determination of maximum income levels; eligibility guidelines; use of form affidavit; inquiry by court; denial of services; repayment; limitation on remedies against affiant.

§29-21-17. Private practice of law by public defenders.

§29-21-18. Records and reports.

§29-21-19. Audits.

§29-21-20. Appointed counsel immune from liability.

§29-21-21. Forgiveness of loans; reversion of public defender corporation assets.

§29-21-22. Repealed. Acts, 1989 Reg. Sess., Ch. 169.

CHAPTER 29, ARTICLE 22. STATE LOTTERY ACT.

§29-22-1. Short title.

§29-22-2. Legislative findings and intent.

§29-22-3. Definitions.

§29-22-4. State Lottery Commission created; composition; qualifications; appointment; terms of office; chairman's removal; vacancies; compensation and expenses; quorum; oath and bond.

§29-22-5. State Lottery Commission; powers and duties; cooperation of other agencies.

§29-22-6. Lottery director; appointment; qualifications; oath and bond; salary.

§29-22-7. Divisions of the state lottery office.

§29-22-8. Lottery director; powers and duties; deputy directors; hiring of staff; civil service coverage; submission of proposed appropriations.

§29-22-9. Initiation and operation of lottery; restrictions; prohibited themes, games, machines, or devices; distinguishing numbers; winner selection; public drawings; witnessing of results; testing and inspection of equipment; price of tickets; claim for and payment of prizes; invalid, counterfeit tickets; estimated prizes and odds of winning; participant bound by lottery rules and validation procedures; security procedures; additional games; electronic and computer systems.

§29-22-9a. Veterans instant lottery scratch-off game.

§29-22-10. Licensed lottery sales agents; restrictions; annual license and fee; factors; application; bond; age; nonassignable license; organizations qualified; commissions; display of license; geographic distribution; monopoly prohibited; lottery retailers; preprinted instant type lottery tickets; fee; certificate of authority; security; bond.

§29-22-11. Prohibited acts; restrictions on sales agents and retailers; unauthorized sales; sales to minors; gifts to minors; prizes to commission officers and staff prohibited; criminal penalties for prohibited acts.

§29-22-12. Crimes; forgery, counterfeiting, etc. of lottery tickets; penalties.

§29-22-13. Prohibited acts; conflict of interest; prohibited gifts and gratuities.

§29-22-14. Administrative violations of articles; hearing; administrative penalties.

§29-22-15. Payment of prizes to minors.

§29-22-15a. Option for winners of draw games to remain anonymous.

§29-22-16. Disposition of unclaimed prize money.

§29-22-17. Lottery proceeds; accounting therefor; deposit into account of State Treasurer; reports; funds to be held in trust; failure to collect, account or deposit; personal liability.

§29-22-18. State Lottery Fund; appropriations and deposits; not part of general revenue; no transfer of state funds after initial appropriation; use and repayment of initial appropriation; allocation of fund for prizes, net profit and expenses; surplus; State Lottery Education Fund; State Lottery Senior Citizens Fund; allocation and appropriation of net profits.

§29-22-18a. State Excess Lottery Revenue Fund.

§29-22-18b. Definition of term "state employees."

§29-22-18c. Increase in allocation to Higher education Improvement Fund from State Excess Lottery Revenue Fund.

§29-22-18d. Increase in allocation to West Virginia Infrastructure Fund from State Excess Lottery Revenue Fund.

§29-22-18e. Increase in allocation to State Park Improvement Fund from State Excess Lottery Revenue Fund to permit the issuance of bonds for improvements to Cacapon Resort State Park and Beech Fork State Park.

§29-22-18f. Backup pledge of bonds supported by the State Lottery Fund and the State Excess Lottery Revenue Fund; payment of bond debt service.

§29-22-18g. Additional allocation of net profits from the State Lottery Fund to Fire Protection Fund, County Fire Protection Fund and All County Fire Protection Fund.

§29-22-19. Post audit of accounts and transactions of office.

§29-22-20. Monthly and annual reports.

§29-22-21. Officials who may appear at lottery drawing.

§29-22-22. Repealed. Acts, 2004 Reg. Sess., Ch. 59.

§29-22-23. Procurement; disclosures by vendors and related persons and entities; authorizing background investigation; unenforceability of contracts in contravention of section.

§29-22-24. Disclosures by vendors and related persons and entities of political contributions.

§29-22-25. Preemption of state laws or local regulation.

§29-22-26. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§29-22-27. Penalties for criminal violations.

§29-22-27a. Payment of prizes to the Bureau for Child Support enforcement.

§29-22-28. Severability.

§29-22-29. Moneys transferred or allocated to nongovernmental entities are state moneys and have been so in the past; right to audit state moneys transferred to nongovernmental entities.

§29-22-30. Responsible Gaming and Research and Industry Development Act; gaming data research and analysis for scholarly purposes; higher education curriculum development; preparation of report.

CHAPTER 29, ARTICLE 22A. RACETRACK VIDEO LOTTERY.

§29-22A-1. Short title.

§29-22A-2. Legislative findings and declarations.

§29-22A-3. Definitions.

§29-22A-4. Video lottery games authorized.

§29-22A-5. Video lottery terminal requirements; application for approval of a video lottery terminal; testing of video lottery terminals; report of test results; modifications to previously approved models; conformity to prototype; seizure and destruction of terminals.

§29-22A-6. Video lottery terminal hardware and software requirements; hardware specifications; software requirements for randomness testing; software requirements for percentage payout; software requirements for continuation of video lottery game after malfunction; software requirements for play transaction records.

§29-22A-7. License and permit qualifications; individual qualifications; applicant required to furnish information; waiver of liability; oath or affirmation; duty to provide accurate and material information.

§29-22A-8. Form of application; local option elections; issuance of license; notice of incomplete application; notice of license or permit denial, suspension or revocation; procedure for review of license or permit denial, suspension or revocation; fees, renewal fees and renewal dates; bonding; renewal of licenses and permits; notice of change affecting license or permit; license or permit not transferrable or assignable.

§29-22A-9. General duties of all video lottery license and permit holders; duties of permitted manufacturers; duties of permitted service technicians; duties of permitted validation managers; duties of floor attendants; duties of licensed racetracks.

§29-22A-10. Accounting and reporting; commission to provide communications protocol data; distribution of net terminal income; remittance through electronic transfer of funds; establishment of accounts and nonpayment penalties; commission control of accounting for net terminal income; settlement of accounts; manual reporting and payment may be required; request for reports; examination of accounts and records.

§29-22A-10a. Lottery commission income to be deposited in state lottery fund.

§29-22A-10b. Distribution of excess net terminal income.

§29-22A-10c. Surcharge; Capital Reinvestment Fund.

§29-22A-10d. Changes in distribution of net terminal income; distributions from excess lottery fund.

§29-22A-10e. Changes in distribution of excess net terminal income; distributions from excess lottery fund.

§29-22A-10f. Changes in distribution of surcharge.

§29-22A-10g. Redirection of certain amounts from net terminal revenue.

§29-22A-11. Maintenance of video lottery terminals; manufacturers required to provide training; notice of availability of training; reports and certificates of training programs; terminals to be maintained in the condition approved; maintenance log required; keys to video lottery terminals; notice of repairs to the logic area; notice of broken seals on logic board.

§29-22A-12. Number and location of video lottery terminals security.

§29-22A-13. Payment of credits; no state liability; method of payment; restrictions on payment of credits; redeemed tickets required to be defaced; liability for video lottery terminal malfunction.

§29-22A-14. Transportation and registration of video lottery.

§29-22A-15. Hearing and appeal procedure; order refusing license or permit or suspending or revoking same; petition for hearing; petition requirements; cost of hearings; subpoenas and subpoenas duces tecum; no stay of suspension or revocation order; hearing date; place of hearing; continuances; absence of petitioner; hearing; argument and briefs; evidence admissible at hearing; record of proceedings; commission's decision; appeal to circuit court.

§29-22A-16. Offenses and penalties.

§29-22A-17. Disagreement as to duties of Racing Commission and Lottery Commission.

§29-22A-18. Severability.

§29-22A-19. Compulsive Gambling Treatment Fund; contract requirements for compulsive gamblers treatment program.

CHAPTER 29, ARTICLE 22B. LIMITED VIDEO LOTTERY.

§29-22B-101. Short title.

§29-22B-102. Authorization for limited video lottery; regulation by Lottery Commission.

§29-22B-103. Exceptions.

§29-22B-201. Legislative finding; Constitutional authority; limited video lottery is a lottery.

§29-22B-202. Legislative finding; state ownership of video lottery through outright ownership or possession of a proprietary interest in computer hardware and software.

§29-22B-203. Legislative finding; license to participate in limited video lottery is a privilege.

§29-22B-301. Applicability of definitions.

§29-22B-302. Applicant defined.

§29-22B-303. Associated equipment defined.

§29-22B-304. Background investigation defined.

§29-22B-305. Central computer, central control computer or central site system defined.

§29-22B-306. Commission or state Lottery Commission defined.

§29-22B-307. Control defined.

§29-22B-308. Director defined.

§29-22B-309. Disable or terminal disable defined.

§29-22B-310. Display defined.

§29-22B-311. EPROM and erasable programmable read-only memory chips defined.

§29-22B-312. Identification document defined.

§29-22B-313. Indirect ownership defined.

§29-22B-314. License defined.

§29-22B-315. Location defined.

§29-22B-316. Limited video lottery retailer defined.

§29-22B-317. Lottery defined.

§29-22B-318. Manufacturer defined.

§29-22B-319. National criminal history background check system defined.

§29-22B-320. Net terminal income and gross terminal income defined.

§29-22B-321. Operator defined.

§29-22B-322. Own defined.

§29-22B-323. Permit defined.

§29-22B-324. Permittee defined.

§29-22B-325. Person defined.

§29-22B-326. Player defined.

§29-22B-327. Resident of this state defined.

§29-22B-328. Restricted access adult-only facility defined.

§29-22B-329. Service technician defined.

§29-22B-330. Video lottery defined.

§29-22B-331. Video gambling machine defined.

§29-22B-332. Video lottery game defined.

§29-22B-333. Video lottery terminal defined.

§29-22B-334. Wager defined.

§29-22B-401. General authority of state Lottery Commission and director; conflicts.

§29-22B-402. Powers and duties of the state Lottery Commission.

§29-22B-403. Powers and duties of the director.

§29-22B-404. Advertising by commission or director.

§29-22B-501. Types of licenses issued for participation in limited video lottery activities.

§29-22B-502. General qualifications for all types of limited video lottery licenses.

§29-22B-503. Additional qualifications for an applicant for an operator’s license.

§29-22B-504. Additional qualifications for an applicant for a limited video lottery retailer’s license.

§29-22B-505. Additional qualification for an applicant for a service technician's license.

§29-22B-506. Additional qualifications for an applicant for a manufacturer's license.

§29-22B-507. Persons having control of an applicant for a limited video lottery license.

§29-22B-508. Commission action on applications.

§29-22B-509. Incomplete application not to be considered.

§29-22B-510. Burden of proving qualification for license.

§29-22B-511. Issuance of order refusing to issue or renew license, or suspending or revoking same.

§29-22B-512. Review of continuing eligibility for license.

§29-22B-513. Application forms and other documents.

§29-22B-514. Failure to reveal material fact; false or misleading material.

§29-22B-515. Bonding requirements for operators and limited video lottery retailers who are permittees.

§29-22B-516. Applicant bears the risk of adverse publicity.

§29-22B-517. Renewal of licenses.

§29-22B-518. Annual license fees.

§29-22B-601. Establishment of procedures for background investigations.

§29-22B-602. Responsibility of state police in conducting background investigations.

§29-22B-603. Guidelines for background investigations.

§29-22B-604. Applicant's rights regarding background investigations.

§29-22B-701. General duties of all licensees.

§29-22B-702. Additional duties of limited video lottery retailers.

§29-22B-703. Additional duties of limited video lottery retailers who are permittees.

§29-22B-704. Duties of limited video lottery retailer regarding payment of credits.

§29-22B-705. Additional duties of manufacturers.

strong>§29-22B-706. Additional duties of operators.

In addition to the general duties imposed on all licensees in §29-22B-701 of this code, an operator shall:

(1) Acquire video lottery terminals by purchase, lease, or other assignment only from licensed manufacturers;

(2) Acquire no video lottery terminals in excess of the number they are authorized to operate in this state as stated in the permit issued under part 11 of this article;

(3) Contract with limited video lottery retailers for a secure location for the placement, operation, and play of the video lottery terminals;

(4) Pay no compensation of any kind to any limited video lottery retailer or give or transfer anything of value to any limited video lottery retailer, that is in addition to the consideration stated in the written agreement between the operator and the limited video lottery retailer, which may be not less than 40 percent nor more than 50 percent of the amount of net terminal income received by the op

§29-22B-707. Additional duties of service technicians.

§29-22B-801. Manufacturer seeking approval of terminal must be licensed; prohibition against placement of unapproved terminal.

§29-22B-802. Testing of video lottery terminals and associated equipment.

§29-22B-803. Reporting of testing results.

§29-22B-901. Hardware specifications.

§29-22B-902. Control of electrical power.

§29-22B-903. Coin or bill acceptors.

§29-22B-904. Security; access to the interior of video lottery terminals.

§29-22B-905. Printing mechanism.

§29-22B-906. Identification plate.

§29-22B-907. Display of information on terminal face or screen.

§29-22B-908. Communication with central computer system.

§29-22B-909. Random number generator required.

§29-22B-910. Payout standards.

§29-22B-911. Continuation of current game after malfunction.

§29-22B-912. Electronic accounting required.

§29-22B-1001. Manufacturer must be licensed.

§29-22B-1002. Manufacturers may sell or lease only to permittees.

§29-22B-1003. Terminals must be approved.

§29-22B-1004. Purchase or lease by permittees.

§29-22B-1101. Limitation on number and location of video lottery terminals.

§29-22B-1102. Permits to operate video lottery terminals; expiration date; annual fee to be paid by May 1st.

§29-22B-1103. Permit fee.

§29-22B-1104. Reservation of authority to have video lottery terminals on or before August 1, 2001.

§29-22B-1105. Determination of authorizations to be issued without bid and number of authorizations to be bid.

§29-22B-1106. Allocation of permits to own or lease video lottery terminals by sealed bid.

§29-22B-1107. Bidding process.

§29-22B-1108. Preference for current permit holders.

§29-22B-1109. Bid bond required.

§29-22B-1110. Operator permit.

§29-22B-1111. Reduction of video lottery terminals authorized in a retailer's license.

§29-22B-1112. Reduction of gambling.

§29-22B-1113. Operation of authorized video lottery terminals; forfeiture of authorization for failure to operate.

§29-22B-1201. Placement of video lottery terminals.

§29-22B-1202. No limited video lottery retailer license for premises within 150 feet of another licensed premises; no two license retailer locations within a common structure.

§29-22B-1203. Registration decals.

§29-22B-1204. Installation of approved lottery terminals.

§29-22B-1205. Transportation from manufacturer and registration of video lottery terminals.

§29-22B-1206. Any other transportation of video lottery terminals.

§29-22B-1301. Maintenance of video lottery terminals.

§29-22B-1302. Maintenance log.

§29-22B-1303. Master keys.

§29-22B-1304. Repairs to logic board or circuitry.

§29-22B-1401. Accounting for the state's share of gross terminal income.

§29-22B-1402. Resolution of discrepancies.

§29-22B-1403. Payover of state's share of gross terminal income.

§29-22B-1404. Permittees to furnish bank authorizations.

§29-22B-1405. State's share of gross terminal income held in trust.

§29-22B-1406. Examination of permittee books and records.

§29-22B-1407. Civil penalty for failure to pay over state's share of gross terminal income.

§29-22B-1408. Distribution of state"s share of gross terminal income.

§29-22B-1501. Appeal of order.

§29-22B-1502. Contents of petition for hearing; security.

§29-22B-1503. Hearing procedures.

§29-22B-1504. Judicial review.

§29-22B-1601. Imposition of civil penalties by the commission.

§29-22B-1602. Civil penalties applicable to limited video lottery retailers.

§29-22B-1603. Civil penalties applicable to service technicians.

§29-22B-1604. Civil penalties applicable to permittees.

§29-22B-1605. Civil penalties applicable to manufacturers.

§29-22B-1606. Civil penalties for failure of licensees to perform duties.

§29-22B-1607. Civil action to collect penalty.

§29-22B-1701. Financial interest of director, etc.; receiving reward from interested party; criminal penalty; application of bribery statute.

§29-22B-1702. Criminal penalties for unlawful inducement.

§29-22B-1703. Criminal penalty for unauthorized game on authorized video lottery terminal.

§29-22B-1704. Criminal penalty for unauthorized video lottery terminal.

§29-22B-1705. Criminal penalty for possession of video gambling machine.

§29-22B-1706. Criminal penalty for expired operator or limited video lottery retailer's license.

§29-22B-1707. Criminal penalty for possession of altered or nonconforming video lottery terminal, device or related material.

§29-22B-1708. Criminal penalty for tampered game, terminal, device or other equipment.

§29-22B-1709. Criminal penalty for deceptive practices.

§29-22B-1710. Employment of unlicensed person who is required to be licensed.

§29-22B-1711. Criminal penalty for unlicensed person to work in a position for which license is required.

§29-22B-1712. Criminal penalty for use of device that gives player an unauthorized advantage.

§29-22B-1713. Criminal penalty for violation of rules of play.

§29-22B-1714. Criminal penalty for corrupt combinations, collusions or conspiracies prohibited.

§29-22B-1801. Video gambling machines declared contraband.

§29-22B-1802. Legislative findings regarding seizure and sale of video gambling machines and other property.

§29-22B-1803. Items subject to forfeiture.

§29-22B-1804. Procedure for seizure of forfeitable property.

§29-22B-1805. Procedures for forfeiture.

§29-22B-1806. Disposition of forfeited moneys, securities or other negotiable instruments.

§29-22B-1807. Disposition of other forfeited property; distribution of proceeds.

§29-22B-1901. Effect of this article on certain taxes.

§29-22B-1902. Preemption of state laws or local regulation.

§29-22B-1903. Timing of implementation.

CHAPTER 29, ARTICLE 22C. WEST VIRGINIA LOTTERY RACETRACK TABLE GAMES ACT.

§29-22C-1. Short title.

§29-22C-2. State authorization of table games at licensed racetrack facilities; legislative findings and declarations.

§29-22C-3. Definitions.

§29-22C-4. Commission duties and powers.

§29-22C-5. Appointment of commission staff; conditions of employment.

§29-22C-6. Licenses required.

§29-22C-7. Local option election.

§29-22C-8. License to operate a racetrack with West Virginia Lottery table games.

§29-22C-9. State ownership of table games.

§29-22C-10. Duties of racetrack table games licensee.

§29-22C-11. Reports by a racetrack table games licensee.

§29-22C-12. License to supply a racetrack with gaming equipment or services.

§29-22C-13. License to be employed in a racetrack with West Virginia Lottery table games.

§29-22C-14. License to be a provider of management services.

§29-22C-15. License or registration prohibitions.

§29-22C-16. License or registration denial, revocation, suspension, and reprimand.

§29-22C-17. Hearing procedures.

§29-22C-18. Notice of license expiration and renewal.

§29-22C-19. Miscellaneous license provisions.

§29-22C-20. Game rules of play; disputes.

§29-22C-21. Betting limits; operations and services.

§29-22C-22. Posting of betting limits.

§29-22C-23. Complimentary service, gift, cash or other item.

§29-22C-24. Law enforcement.

§29-22C-25. Inspection and seizure.

§29-22C-26. Tax on the privilege of holding a license to operate West Virginia Lottery table games.

§29-22C-27. West Virginia Lottery Racetrack Table Games Fund; Community-Based Service Fund; State Debt Reduction Fund; distribution of funds.

§29-22C-27a. Changes in distribution of adjusted gross receipts; distributions from excess lottery fund.

§29-22C-28. Prohibition on unauthorized wagering.

§29-22C-29. Offenses and penalties.

§29-22C-30. Forfeiture of property.

§29-22C-31. Civil penalties.

§29-22C-32. Preemption.

§29-22C-33. Exemption from federal law.

§29-22C-34. Shipment of gambling devices.

CHAPTER 29, ARTICLE 22D. WEST VIRGINIA LOTTERY SPORTS WAGERING ACT.

§29-22D-1. Short title.

§29-22D-2. State authorization of sports wagering at licensed racetrack facilities and historic resort hotel; legislative findings and declarations.

§29-22D-3. Definitions.

§29-22D-4. Commission duties and powers.

§29-22D-5. Licenses required.

§29-22D-6. Operator license; West Virginia sports wagering operators.

§29-22D-7. Management services providers; license requirements.

§29-22D-8. Suppliers; license requirements.

§29-22D-9. Occupational licenses.

§29-22D-10. License prohibitions.

§29-22D-11. Sports wagering house rules; posting of rules.

§29-22D-12. Operator duties; sports wagering operations at a licensed gaming facility.

§29-22D-13. Posting of betting limits.

§29-22D-14. Sports wagering agreements with other governments.

§29-22D-15. Authorization of sports wagering in this state; requirements.

§29-22D-16. Sports wagering revenues; accounting for the state's share of revenue imposed for the privilege of offering West Virginia Lottery sports wagering; limitation of other taxes; recoupment for improvements.

§29-22D-17. West Virginia Lottery Sports Wagering Fund; distribution of funds.

§29-22D-18. Law enforcement.

§29-22D-19. Civil penalties.

§29-22D-20. Crimes and penalties related to unauthorized sports wagering operations.

§29-22D-21. Crimes and penalties related to authorized sports wagering operation.

§29-22D-22. Preemption.

§29-22D-23. Exemption from federal law.

§29-22D-24. Shipment of gambling devices.

CHAPTER 29, ARTICLE 22E. WEST VIRGINIA LOTTERY INTERACTIVE WAGERING ACT.

§29-22E-1. Short title.

§29-22E-2. State authorization of interactive wagering at licensed racetrack facilities and historic resort hotel; legislative findings, and declarations.

§29-22E-3. Definitions.

§29-22E-4. Commission duties and powers.

§29-22E-5. Licenses required.

§29-22E-6. Operator license; West Virginia interactive wagering operators.

§29-22E-7. Management services providers; license requirements.

§29-22E-8. Suppliers; license requirements.

§29-22E-9. Occupational licenses.

§29-22E-10. License prohibitions.

§29-22E-11. Interactive wagering house rules; posting of rules.

§29-22E-12. Operator duties; interactive wagering operations at a licensed gaming facility.

§29-22E-13. Posting of betting limits.

§29-22E-14. Interactive wagering agreements with other governments.

§29-22E-15. Authorization of interactive wagering in this state; requirements.

§29-22E-16. Interactive wagering revenues; accounting for the state"s share of revenue imposed for the privilege of offering West Virginia Lottery interactive wagering; limitation of other taxes; recoupment for improvements.

§29-22E-17. West Virginia Lottery Interactive Wagering Fund; distribution of funds.

§29-22E-18. Law enforcement.

§29-22E-19. Civil penalties.

§29-22E-20. Crimes and penalties related to unauthorized interactive wagering operations.

§29-22E-21. Crimes and penalties related to authorized interactive wagering operation.

§29-22E-22. Preemption.

§29-22E-23. Exemption from federal law.

§29-22E-24. Shipment of gambling devices.

CHAPTER 29, ARTICLE 23. WEST VIRGINIA BOUNDARY COMMISSION.

§29-23-1. Definitions.

§29-23-2. West Virginia boundary commission created; appointment; terms in office; expenses; powers and duties.

§29-23-3. Establishing and marking boundary line between Jefferson County, West Virginia, and Loudoun County, Virginia; effect of certain rights and prosecutions; transmission to members of Congress; effective date.

CHAPTER 29, ARTICLE 24. TECHNOLOGY-RELATED ASSISTANCE REVOLVING LOAN FUND FOR INDIVIDUALS WITH DISABILITIES ACT.

§29-24-1. Legislative findings and declarations.

§29-24-2. Terms defined.

§29-24-3. Board created, membership, terms, officers and staff.

§29-24-4. Compensation and expenses of board.

§29-24-5. Power, duties and responsibilities of the board; loans.

§29-24-6. Disbursements.

§29-24-7. Fund created.

§29-24-8. Deposits created by the board.

§29-24-9. Fund use.

CHAPTER 29, ARTICLE 25. AUTHORIZED GAMING FACILITY.

§29-25-1. Authorization of limited gaming facility; findings; intent.

§29-25-2. Definitions.

§29-25-3. Commission duties and powers.

§29-25-4. Appointment of commission staff; conditions of employment.

§29-25-5. Rules.

§29-25-6. Law enforcement.

§29-25-7. Local option.

§29-25-8. Licenses required.

§29-25-9. License to operate a gaming facility.

§29-25-10. Reports by licensee.

§29-25-11. License to supply gaming facility.

§29-25-12. License to be employed by operator of gaming facility.

§29-25-13. False statements on applications; other license or registration requirements and prohibitions.

§29-25-14. Licenses; availability for inspection; change of address.

§29-25-15. Expiration date and renewal of gaming license.

§29-25-16. License denial, revocation and reprimand.

§29-25-17. Hearing procedures.

§29-25-18. Inspection and seizure.

§29-25-19. Consent to presence of law-enforcement officers; wagering limits; operations and services; posting of betting limits.

§29-25-20. Accounting and reporting of gross terminal income; distribution.

§29-25-21. Taxes on games other than video lottery games.

§29-25-22. Historic Resort Hotel Fund; allocation of adjusted gross receipts; disposition of license fees.

§29-25-22a. Human Resource Benefit Fund.

§29-25-22b. Changes in distribution of adjusted gross receipts and additional income; distributions from excess lottery fund.

§29-25-23. Prohibition on unauthorized wagering; complimentary service, gift, cash or other item.

§29-25-24. Individual gaming restrictions.

§29-25-25. Offenses and penalties.

§29-25-26. Forfeiture of property.

§29-25-27. Civil penalties.

§29-25-28. Specific provision for video lottery games.

§29-25-29. Video lottery terminal requirements; application for approval of video lottery terminals; testing of video lottery terminals; report of test results; modifications to previously approved models; conformity to prototype; seizure and destruction of terminals.

§29-25-30. Video lottery terminal hardware and software requirements; hardware specifications; software requirements for randomness testing; software requirements for percentage payout; software requirements for continuation of video lottery game after malfunction; software requirements for play transaction records.

§29-25-31. The specific video lottery duties required of the gaming facility.

§29-25-32. Surcharge; Capital Reinvestment Fund.

§29-25-33. License to be a provider of management services.

§29-25-34. State ownership of West Virginia Lottery table games.

§29-25-35. Preemption.

§29-25-36. Exemption from federal law.

§29-25-37. Game rules of play; disputes.

§29-25-38. Shipment of gambling devices.

CHAPTER 29, ARTICLE 26. WEST VIRGINIA COURTHOUSE FACILITIES IMPROVEMENT AUTHORITY.

§29-26-1. West Virginia Courthouse Facilities Improvement Authority created; membership.

§29-26-2. Definitions.

§29-26-3. Development of guidelines and application for funding assistance.

§29-26-4. Requirements for assistance; review of application.

§29-26-5. Powers of the authority.

§29-26-6. The courthouse facilities improvement fund.

CHAPTER 29, ARTICLE 27. NATIONAL COAL HERITAGE AREA AUTHORITY.

§29-27-1. Legislative findings.

§29-27-2. Definitions.

§29-27-3. Creation; appointment of board; terms; expenses; executive director.

§29-27-4. Board; quorum; chairperson; bylaws.

§29-27-5. Powers of authority.

§29-27-6. Continuation of legal obligations.

CHAPTER 29, ARTICLE 28. COAL HERITAGE HIGHWAY AUTHORITY.

§29-28-1. Repealed. Acts, 2015 Reg. Sess., Ch. 179.

§29-28-2. Repealed. Acts, 2015 Reg. Sess., Ch. 179.

§29-28-3. Repealed. Acts, 2015 Reg. Sess., Ch. 179.

§29-28-4. Repealed. Acts, 2015 Reg. Sess., Ch. 179.

§29-28-5. Repealed. Acts, 2015 Reg. Sess., Ch. 179.

§29-28-6. Repealed. Acts, 2015 Reg. Sess., Ch. 179.

§29-28-7. Repealed. Acts, 2015 Reg. Sess., Ch. 179.

§29-28-8. Repealed. Acts, 2015 Reg. Sess., Ch. 179.

§29-28-9. Repealed. Acts, 2015 Reg. Sess., Ch. 179.

§29-28-10. Repealed. Acts, 2015 Reg. Sess., Ch. 179.

§29-28-11. Repealed. Acts, 2015 Reg. Sess., Ch. 179.

§29-28-12. Repealed. Acts, 2015 Reg. Sess., Ch. 179.

§29-28-13. Repealed. Acts, 2015 Reg. Sess., Ch. 179.

CHAPTER 29, ARTICLE 29. VOLUNTEER FOR NONPROFIT YOUTH ORGANIZATIONS ACT.

§29-29-1. Short title.

§29-29-2. Legislative purpose.

§29-29-3. Definitions.

§29-29-4. Exemption from professional licensure.

§29-29-5. Powers and duties of nonprofit youth organization.

§29-29-6. Revocation of nonprofit volunteer permit.

§29-29-7. Liability of permittees and the nonprofit volunteer organization for volunteer services.

CHAPTER 29, ARTICLE 30. EMERGENCY VOLUNTEER HEALTH PRACTITIONERS ACT.

§29-30-1. Short title.

§29-30-2. Definitions.

§29-30-3. Applicability.

§29-30-4. Regulation during an emergency.

§29-30-5. Volunteer health practitioner registration system.

§29-30-6. Recognition of volunteer health practitioners licensed in other states.

§29-30-7. Credentialing and privileging.

§29-30-8. Administrative sanctions.

§29-30-9. Relation to other laws.

§29-30-10. Limitation of liability.

§29-30-11. Rulemaking.

CHAPTER 29, ARTICLE 31. STATE RESILIENCY AND FLOOD PROTECTION PLAN ACT.

§29-31-1. Short title; legislative findings; purpose.

§29-31-2. State resiliency office, officer, deputy, and board.

§29-31-2a. Definitions.

§29-31-3. Authority of State Resiliency Office and State Resiliency Officer.

§29-31-4. Reporting to the Joint Legislative Committee on Flooding.

§29-31-5. Employees.

§29-31-6. West Virginia Disaster Recovery Trust Fund.

§29-31-7. West Virginia Disaster Recovery Trust Fund disbursement.

§29-31-8. Powers and duties related to the West Virginia Disaster Recovery Trust Fund.

§29-31-9. Capitalization of the West Virginia Disaster Recovery Trust Fund.

§29-31-10. West Virginia Flood Resiliency Trust Fund.

§29-31-11. West Virginia Flood Resiliency Trust Fund disbursement.

§29-31-12. Powers and duties related to the West Virginia Flood Resiliency Trust Fund.

§29-31-13. Capitalization of the West Virginia Flood Resiliency Trust Fund.

§29-31-14. Tax exemption.

CHAPTER 29, ARTICLE 32. MEDAL OF VALOR.

§29-32-1. Medal of Valor.

§29-32-2. First Responders Honor Board.

§29-32-3. Law Enforcement Officers Honor Board.

§29-32-4. Emergency Medical Services Honor Board.

§29-32-5. Awarding of the Medal of Valor.

CHAPTER 29, ARTICLE 33. REVIEW AND CREDENTIAL ACKNOWLEDGEMENT PROCEDURES ACT.

§29-33-1. Applicability.

§29-33-2. Definitions.

§29-33-3. Occupational license or other authorization to practice.

§29-33-4. Work experience.

§29-33-5. State law examination.

§29-33-6. Decision.

§29-33-7. Appeal.

§29-33-8. State laws and jurisdiction.

§29-33-9. Limitations.

§29-33-10. Cost for application.

§29-33-11. Preemption.

§29-33-12. Rulemaking.

CHAPTER 29, ARTICLE 34. STATE RECOVERY AND HOPE ACT.

§29-34-1. Short title; legislative findings; purpose.

§29-34-2. State Recovery and Hope Office.

§29-34-3. Authority of State Recovery and Hope Office and State Recovery and Hope Officer.

§29-34-4. Employees.

CHAPTER 29, ARTICLE 35. WEST VIRGINIA WORKFORCE RESILIENCY ACT.

§29-35-1. Short title; purpose.

§29-35-2. West Virginia Workforce Resiliency Office.

§29-35-3. Authority of West Virginia Workforce Resiliency Office and West Virginia Workforce Resiliency Officer.

§29-35-4. Employees of the office.

CHAPTER 29, ARTICLE 36. WEST VIRGINIA-IRELAND TRADE COMMISSION.

§29-36-1. Findings.

§29-36-2. Establishment of commission; Composition; Appointments; Vacancies.

§29-36-3. Compensation; Meetings; Chair; Records; Quorum.

§29-36-4. Purpose of Commission.

§29-36-5. Reports

§29-36-6. Funds.

§29-36-7. Effective Date.

CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.

CHAPTER 29A, ARTICLE 1. DEFINITIONS AND APPLICATION OF CHAPTER.

§29A-1-1. Legislative findings and statement of purpose.

§29A-1-2. Definitions of terms used in this chapter.

§29A-1-3. Application of chapter; limitations.

§29A-1-3a. Technical amendments to a current rule.

§29A-1-3b. Void rules.

§29A-1-4. Application of open governmental proceedings law.

CHAPTER 29A, ARTICLE 2. STATE REGISTER.

§29A-2-1. Duty of the Secretary of State.

§29A-2-2. State register created.

§29A-2-3. Contents of state register.

§29A-2-4. Contents of state register deemed a public record.

§29A-2-5. Agency rules to be filed in state register; failure to file.

§29A-2-6. Format and numbering of agency rules filed in State Register; electronic filing required beginning July 1, 2011; pilot project.

§29A-2-7. Publication of State Register.

§29A-2-8. Repealed. Acts, 2015 Reg. Sess., Ch. 9.

§29A-2-9. Making orders and records available.

CHAPTER 29A, ARTICLE 3. RULE MAKING.

§29A-3-1. Rules to be promulgated only in accordance with this article.

§29A-3-1a. Filing proposed amendments to an existing rule; and repealing an existing rule.

§29A-3-1b. Rules of the tax department.

§29A-3-2. Limitations on authority to exercise rule-making power.

§29A-3-3. Rules of procedure required.

§29A-3-4. Filing of proposed legislative exempt rules, procedural rules and interpretive rules.

§29A-3-5. Notice of proposed rulemaking.

§29A-3-6. Filing findings and determinations for rules in state register; evidence deemed public record.

§29A-3-7. Notice of hearings.

§29A-3-8. Adoption of legislative exempt, procedural, and interpretive rules.

§29A-3-9. Proposal of legislative rules.

§29A-3-10. Creation of a legislative rule-making review committee.

§29A-3-11. Submission of legislative rules to the Legislative Rule-Making Review Committee.

§29A-3-12. Submission of legislative rules to Legislature.

§29A-3-13. Adoption of legislative rules; effective date.

§29A-3-14. Withdrawal or modification of proposed rules.

§29A-3-15. Emergency legislative rules; procedure for promulgation; definition.

§29A-3-15a. Disapproval of emergency rules and amendments to emergency rules by the Secretary of State; judicial review.

§29A-3-15b. Disapproval of emergency rules and amendments to emergency rules by the Attorney General; judicial review.

§29A-3-16. Legislative review of procedural rules, interpretive legislative rules.

§29A-3-17. Prior rules.

§29A-3-18. Severability of legislative rules.

§29A-3-19. Sunset provision in rules.

§29A-3-20. Executive review of agency rules, guidelines, policies and recommendations.

CHAPTER 29A, ARTICLE 3A. HIGHER EDUCATION RULE MAKING.

§29A-3A-1. Definitions

§29A-3A-2. Rules to be promulgated only in accordance with this article.

§29A-3A-2a. Filing proposed amendments to an existing rule; and repealing an existing rule.

§29A-3A-3. Limitations on authority to exercise rule-making power.

§29A-3A-4. Rules of procedure required.

§29A-3A-5. Filing of proposed legislative exempt rules, procedural rules, and interpretive rules.

§29A-3A-6. Notice of proposed rulemaking.

§29A-3A-7. Filing findings and determinations for rules in State Register; evidence deemed public record.

§29A-3A-8. Notice of hearings.

§29A-3A-9. Adoption of legislative exempt rules, procedural rules, and interpretive rules.

§29A-3A-10. Proposal of legislative rules.

§29A-3A-11. Creation of a legislative oversight commission on education accountability.

§29A-3A-11a. Additional powers and duties; subpoena powers.

§29A-3A-12. Submission of legislative rules to the Legislative Oversight Commission on Education Accountability.

§29A-3A-13. Submission of legislative rules to Legislature.

§29A-3A-14. Adoption of legislative rules; effective date.

§29A-3A-15. Withdrawal or modification of proposed rules.

§29A-3A-16. Emergency legislative rules; procedure for promulgation; definition.

§29A-3A-16a. Disapproval of emergency rules by the Secretary of State; judicial review.

§29A-3A-17. Legislative review of procedural rules, interpretive rules, and existing legislative rules.

§29A-3A-18. Prior rules.

§29A-3A-19. Severability of legislative rules.

§29A-3A-20. Sunset provision in rules.

CHAPTER 29A, ARTICLE 3B. STATE BOARD OF EDUCATION RULE MAKING.

§29A-3B-1. Definitions.

§29A-3B-2. Rules to be promulgated in accordance with this article.

§29A-3B-3. Rules of procedure required.

§29A-3B-4. Filing of proposed rules.

§29A-3B-5. Notice of proposed rule making.

§29A-3B-6. Filing findings and determinations for rules in state register; evidence deemed public record.

§29A-3B-7. Notice of hearings.

§29A-3B-8. Adoption of rules.

§29A-3B-9. Submission of legislative rules to the Legislative Oversight Commission on Education Accountability.

§29A-3B-10. Emergency legislative rules; procedure for promulgation; definition.

§29A-3B-11. Legislative review of procedural rules, interpretive rules and existing legislative rules.

§29A-3B-12. Prior rules.

CHAPTER 29A, ARTICLE 4. DECLARATORY RULINGS AND DECLARATORY JUDGMENTS.

§29A-4-1. Declaratory rulings by agencies.

§29A-4-2. Declaratory judgment on validity of rule.

CHAPTER 29A, ARTICLE 5. CONTESTED CASES.

§29A-5-1. Notice required; hearing; subpoenas; witness fees, etc.; depositions; records.

§29A-5-2. Rules of evidence; taking notice of facts; correction of transcript.

§29A-5-3. Orders or decisions.

§29A-5-4. Judicial review of contested cases.

§29A-5-5. Exceptions.

CHAPTER 29A, ARTICLE 6. APPEALS.

§29A-6-1. Supreme Court of Appeals.

CHAPTER 29A, ARTICLE 7. GENERAL PROVISIONS.

§29A-7-1. Limitations on certain administrative powers.

§29A-7-2. Notice generally.

§29A-7-3. Repeals; subsequent legislation.

§29A-7-4. Construction and effect; severability of provisions.

CHAPTER 29B. FREEDOM OF INFORMATION.

CHAPTER 29B, ARTICLE 1. PUBLIC RECORDS.

§29B-1-1. Declaration of policy.

§29B-1-2. Definitions.

§29B-1-3. Inspection and copying of public record; requests of Freedom of Information Act requests registry.

§29B-1-3a. Reports to Secretary of State by public bodies.

§29B-1-4. Exemptions.

§29B-1-5. Enforcement.

§29B-1-6. Violation of article; penalties.

§29B-1-7. Attorney fees and costs.

CHAPTER 29C. UNIFORM NOTARY ACT.

CHAPTER 29C, ARTICLE 1. GENERAL PROVISIONS.

§29C-1-101. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-1-102. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-1-103. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-1-104. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-1-105. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-1-106. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-1-107. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

CHAPTER 29C, ARTICLE 2. APPOINTMENT PROVISIONS.

§29C-2-101. Appointment.

§29C-2-102. Jurisdiction and term.

§29C-2-201. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-2-202. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-2-203. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-2-204. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-2-205. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-2-206. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-2-207. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-2-208. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-2-301. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

CHAPTER 29C, ARTICLE 3. POWERS.

§29C-3-101. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-3-102. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

CHAPTER 29C, ARTICLE 4. DUTIES.

§29C-4-101. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-4-102. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-4-103. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-4-104. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-4-201. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-4-202. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-4-203. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-4-301. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-4-401. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-4-402. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-4-403. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-4-404. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-4-405. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

CHAPTER 29C, ARTICLE 5. FORMS AND PROCEDURES.

§29C-5-101. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-5-102. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-5-103. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-5-104. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

CHAPTER 29C, ARTICLE 6. LIABILITY, FINES AND IMPRISONMENT.

§29C-6-101. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-6-102. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-6-103. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-6-201. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-6-202. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-6-203. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-6-204. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

CHAPTER 29C, ARTICLE 7. REVOCATION OF COMMISSION; ACTION FOR INJUNCTION; UNAUTHORIZED PRACTICE OF LAW.

§29C-7-101. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-7-201. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§29C-7-202. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

CHAPTER 29C, ARTICLE 8. CERTIFICATE OF AUTHORITY.

§29C-8-101. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

CHAPTER 29C, ARTICLE 9. CURATIVE PROVISIONS.

§29C-9-101. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

CHAPTER 30, ARTICLE 1. GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.

§30-1-1. Application of article.

§30-1-1a. Legislative findings and declaration.

§30-1-2. Oath.

§30-1-2a. Required orientation session.

§30-1-3. Officers.

§30-1-4. Official seal; rules and regulations.

§30-1-4a. Lay members of professional boards.

§30-1-5. Meetings; quorum; investigatory powers; duties.

§30-1-5a. Reporting of fraud and misappropriation of funds.

§30-1-6. Application for license or registration; examination fee; establishment of application deadline and fees by legislative rule; prohibiting discrimination.

§30-1-6a. Repealed. Acts, 2014 Reg. Sess., Ch. 140.

§30-1-6b. Repealed. Acts, 2014 Reg. Sess., Ch. 140.

§30-1-7. Contents of license or certificate of registration.

§30-1-7a. Continuing education.

§30-1-8. Denial, suspension or revocation of a license or registration; probation; proceedings; effect of suspension or revocation; transcript; report; judicial review.

§30-1-8a. Reinstatement of license.

§30-1-8b. Mediation of complaints.

§30-1-9. Administrative appeal of board action; judicial review.

§30-1-10. Disposition of money fines; legislative audit; review of board"s fee structure.

§30-1-11. Compensation of members; expenses.

§30-1-12. Record of proceedings; register of applicants; certified copies of records prima facie evidence; report to Governor and Legislature; public access.

§30-1-12a. Prohibition against disclosure of personally identifiable information; exceptions.

§30-1-13. Roster of licensed or registered practitioners.

§30-1-14. Remission of certain fees.

§30-1-15. Office of executive secretary of the health profession licensing boards; appointment of executive secretary; duties.

§30-1-16. Liability limitations of peer review committees and professional standards review committees.

§30-1-17. Annual reports.

§30-1-18. Retired, volunteer and inactive status licenses.

§30-1-19. Combining board staff functions.

§30-1-20. Certain boards to regulating health care professions to gather retirement information and include in annual reports.

§30-1-21. Exemption from licensure for professional practice for a charitable function.

§30-1-22. Lobbying.

§30-1-23. Waiver of initial licensing fees for certain individuals; definitions.

§30-1-24. Use of criminal records as disqualification from authorization to practice.

§30-1-25. Primacy of state regulation of occupational practice.

§30-1-26. Telehealth practice.

CHAPTER 30, ARTICLE 1A. PROCEDURE FOR REGULATION OF OCCUPATIONS AND PROFESSIONS.

§30-1A-1. Legislative findings; policy.

§30-1A-1a. Definitions.

§30-1A-2. Required application for regulation of professional or occupational group; application and reporting dates.

§30-1A-2a. Repealed. Acts, 2007 Reg. Sess., Ch. 203.

§30-1A-3. Analysis and evaluation of application.

§30-1A-4. Public hearing and committee recommendations.

§30-1A-5. Review of existing occupational licenses.

§30-1A-6. Article construction.

CHAPTER 30, ARTICLE 1B. PROVISIONS APPLICABLE TO MILITARY MEMBERS AND THEIR SPOUSES.

§30-1B-1. Legislative findings and declarations.

§30-1B-2. Licensure for individuals with military training and experience.

§30-1B-3. Licensure for military spouses.

§30-1B-4. Temporary licensure.

§30-1B-5. Temporary licensure, certification or registration of spouses of persons on military active duty; waiver of certain license, certification or registration fees.

§30-1B-6. Rule-making authority.

§30-1B-7. Data Collection.

§30-1B-8. Applicability.

§30-1B-9. Liberality of construction.

CHAPTER 30, ARTICLE 1C. INTERSTATE MEDICAL LICENSURE COMPACT.

§30-1C-1. Purpose.

§30-1C-2. Definitions.

§30-1C-3. Eligibility.

§30-1C-4. Designation of state of principal license.

§30-1C-5. Application and issuance of expedited licensure.

§30-1C-6. Fees for expedited licensure.

§30-1C-7. Renewal and continued participation.

§30-1C-8. Coordinated information system.

§30-1C-9. Joint investigations.

§30-1C-10. Disciplinary actions.

§30-1C-11. Interstate Medical Licensure Compact Commission.

§30-1C-12. Powers and duties of the Interstate Commission.

§30-1C-13. Finance powers.

§30-1C-14. Organization and operation of the Interstate Commission.

§30-1C-15. Rule making functions of the Interstate Commission.

§30-1C-16. Oversight of Interstate Compact.

§30-1C-17. Enforcement of Interstate Compact.

§30-1C-18. Default procedures.

§30-1C-19. Dispute resolution.

§30-1C-20. Member states, effective date and amendment.

§30-1C-21. Withdrawal.

§30-1C-22. Dissolution.

§30-1C-23. Severability and construction.

§30-1C-24. Binding effect of Compact and other laws.

CHAPTER 30, ARTICLE 1D. PROVISIONS AFFECTING CERTAIN BOARDS OF LICENSURE.

§30-1D-1. Criminal background checks required of new applicants.

CHAPTER 30, ARTICLE 1E. CAREER TRAINING EDUCATION AND APPRENTICESHIPS.

§30-1E-1. Declaration of purpose.

§30-1E-2. Definitions.

§30-1E-3. Recognition of training and apprenticeship programs.

§30-1E-4. Rule-making authority.

CHAPTER 30, ARTICLE 2. ATTORNEYS-AT-LAW.

§30-2-1. Certificate of good moral character; examination of applicants for license; licenses.

§30-2-2. Attorneys from other jurisdictions.

§30-2-3. Oath.

§30-2-4. Practice without license or oath; penalty; qualification after institution of suits.

§30-2-5. Practice by corporations or voluntary associations; penalties; limitations of section.

§30-2-5a. Legal corporations.

§30-2-6. Annulment or suspension of license for conviction of felony or crime involving moral turpitude.

§30-2-7. Suspension or annulment of license for malpractice; appeal.

§30-2-8. Security for good behavior; contempt.

§30-2-9. Revocation, annulment or suspension of license effective throughout state.

§30-2-10. Clerk and sheriff or their deputies not to act as attorneys.

§30-2-11. Liability of attorney to client for neglect of duty.

§30-2-12. Liability of attorney or agent for loss of debt or money.

§30-2-13. Liability of attorney for failure to pay over moneys collected; penalty.

§30-2-14. Disbarment for offense under §30-2-13.

§30-2-15. Compensation.

§30-2-16. Solicitation of employment by or for attorney in cases of personal injury or death; limitation of section; penalty.

CHAPTER 30, ARTICLE 2A. MEDICAL LICENSING BOARD.

§30-2A-1. Repealed.Acts, 1980 Reg. Sess., Ch. 83.

§30-2A-2. Repealed.Acts, 1980 Reg. Sess., Ch. 83.

§30-2A-3. Repealed.Acts, 1980 Reg. Sess., Ch. 83.

§30-2A-4. Repealed.Acts, 1980 Reg. Sess., Ch. 83.

§30-2A-5. Repealed.Acts, 1980 Reg. Sess., Ch. 83.

CHAPTER 30, ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.

§30-3-1. Legislative findings.

§30-3-2. Purpose.

§30-3-3. Short title.

§30-3-4. Definitions.

§30-3-5. West Virginia Board of Medicine powers and duties continued; appointment and terms of members; vacancies; removal.

§30-3-6. Conduct of business of West Virginia Board of Medicine; meetings; officers; compensation; expenses; quorum.

§30-3-7. Powers and duties of West Virginia Board of Medicine.

§30-3-7a. Findings and Rule-making authority.

§30-3-8. State health officer to act as secretary of the board.

§30-3-9. Records of board; expungement; examination; notice; public information; voluntary agreements relating to alcohol or chemical dependency; confidentiality of same; physician-patient privileges.

§30-3-10. Licenses to practice medicine and surgery or podiatry.

§30-3-10a. Special volunteer medical license; civil immunity for voluntary services rendered to indigents.

§30-3-11. Endorsement of licenses to practice medicine and surgery and podiatry; fees; temporary license; summer camp doctors.

§30-3-11a. Endorsement of licenses to practice medicine and surgery as medical school faculty.

§30-3-11b. License to practice medicine and surgery at certain state veterans nursing home facilities.

§30-3-11c. Administrative medicine license.

§30-3-12. Biennial renewal of license to practice medicine and surgery or podiatry; continuing education; rules; fee; inactive license; denial for conviction of felony offense.

§30-3-13. Licensing requirements for the practice of medicine and surgery or podiatry; exceptions; unauthorized practice; notice; criminal penalties.

§30-3-13a. Telemedicine practice; requirements; exceptions; definitions; rule-making.

§30-3-14. Professional discipline of physicians and podiatrists; reporting of information to board pertaining to medical professional liability and professional incompetence required; penalties; grounds for license denial and discipline of physicians and podiatrists; investigations; physical and mental examinations; hearings; sanctions; summary sanctions; reporting by the board; reapplication; civil and criminal immunity; voluntary limitation of license; probable cause determination; referral to law-enforcement authorities; rulemaking.

§30-3-15. Certificate of authorization requirements for medical corporations.

§30-3-16. Educational Permit.

§30-3-16a. Repealed. Acts, 2014 Reg. Sess., Ch. 142.

§30-3-17. Limitation of article.

§30-3-18. Combining staff functions with West Virginia Board of Osteopathic Medicine.

§30-3-19. West Virginia Board of Medicine investigators’ authority to carry concealed weapon.

§30-3-20. Prohibited practice.

CHAPTER 30, ARTICLE 3A. MANAGEMENT OF INTRACTABLE PAIN.

§30-3A-1. Definitions.

§30-3A-2. Limitation on disciplinary sanctions or criminal punishment related to management of pain.

§30-3A-3. Acts subject to discipline or prosecution.

§30-3A-4. Abnormal or unusual prescribing practices.

CHAPTER 30, ARTICLE 3B. MOBILE INTENSIVE CARE PARAMEDICS.

§30-3B-1. Repealed.Acts, 1984 Reg. Sess., Ch. 75.

§30-3B-2. Repealed.Acts, 1984 Reg. Sess., Ch. 75.

§30-3B-3. Repealed.Acts, 1984 Reg. Sess., Ch. 75.

§30-3B-4. Repealed.Acts, 1984 Reg. Sess., Ch. 75.

CHAPTER 30, ARTICLE 3C. HEALTH CARE PEER REVIEW ORGANIZATION PROTECTION.

§30-3C-1. Definitions.

§30-3C-2. Immunity from liability.

§30-3C-3. Confidentiality of records.

§30-3C-4. Liability for court costs and attorney fees in certain civil actions.

§30-3C-5. Original source; waivers; further proceedings.

CHAPTER 30, ARTICLE 3D. PHYSICIAN HEALTH PROGRAMS.

§30-3D-1. Definitions.

§30-3D-2. Physician health program.

§30-3D-3. Discretionary authority of boards to designate programs.

CHAPTER 30, ARTICLE 3E. PHYSICIAN ASSISTANTS PRACTICE ACT.

§30-3E-1. Definitions.

§30-3E-2. Powers and duties of the boards.

§30-3E-3. Rulemaking.

§30-3E-4. License to practice as a physician assistant.

§30-3E-5. Temporary license.

§30-3E-6. License renewal requirements.

§30-3E-7. Expired license requirements.

§30-3E-8 Repealed Acts, 2017 Reg. Sess., Ch.

§30-3E-9. Practice requirements.

§30-3E-10. Practice agreement requirements.

§30-3E-10a. Practice notification requirements.

§30-3E-11. Collaboration with physician assistants.

§30-3E-12. Scope of practice.

§30-3E-12a. Physician assistant signatory authority.

§30-3E-13. Identification.

§30-3E-14. Special volunteer physician assistant license.

§30-3E-15. Summer camp or volunteer endorsement - West Virginia licensee.

§30-3E-16. Summer camp or volunteer endorsement - Out-of-state licensee.

§30-3E-17. Complaint process.

§30-3E-18. Health care facility reporting requirements.

§30-3E-19. Unlawful act and penalty.

CHAPTER 30, ARTICLE 3F. DIRECT PRIMARY CARE PRACTICE.

§30-3F-1. Definitions.

§30-3F-2. Direct Medical Care.

§30-3F-3. Prohibited and authorized practices.

§30-3F-4. Rules.

§30-3F-5. Violations.

CHAPTER 30, ARTICLE 3G. PHYSICIAN ASSISTANT LICENSURE COMPACT.

§30-3G-1. Purpose.

§30-3G-2. Definitions.

§30-3G-3. State participation in this compact.

§30-3G-4. Compact privilege.

§30-3G-5. Designation of the state from which licensee is applying for a compact privilege.

§30-3G-6. Adverse actions.

§30-3G-7. Establishment of the Physician Assistant Licensure Compact Commission.

§30-3G-8. Data system.

§30-3G-9. Rulemaking.

§30-3G-10. Oversight, dispute resolution, and enforcement.

§30-3G-11. Date of Implementation of the Physician Assistant Licensure Compact Commission.

§30-3G-12. Construction and severability.

§30-3G-13. Binding effect of compact.

CHAPTER 30, ARTICLE 4. WEST VIRGINIA DENTAL PRACTICE ACT.

§30-4-1. Unlawful acts.

§30-4-2. Applicable law.

§30-4-3. Definitions.

§30-4-4. Board of Dental Examiners.

§30-4-5. Powers of the board.

§30-4-6. Rule-making authority.

§30-4-7. Fees; special revenue account; administrative fines.

§30-4-8. License to practice dentistry.

§30-4-8a. Dental specialties.

§30-4-9. Scope of practice of a dentist.

§30-4-10. License to practice dental hygiene.

§30-4-10a. Repealed. Acts, 2013 Reg. Sess., Ch. 150.

§30-4-11. Scope of practice for a dental hygienist.

§30-4-12. License renewal.

§30-4-13. Board authorizations shall be displayed.

§30-4-14. Dental intern, resident, or teaching permit.

§30-4-15. Special volunteer dentist or dental hygienist license; civil immunity for voluntary services rendered to indigents.

§30-4-16. Dental corporations and professional limited liability companies.

§30-4-17. Reinstatement.

§30-4-18. Actions to enjoin violations.

§30-4-19. Complaints; investigations; due process procedure; grounds for disciplinary action.

§30-4-20. Procedures for hearing; right of appeal.

§30-4-21. Judicial review.

§30-4-22. Criminal offenses.

§30-4-23. Single act evidence of practice.

§30-4-24. Inapplicability of article.

§30-4-25. Declared public health emergencies.

§30-4-26. Repealed. Acts, 2013 Reg. Sess., Ch. 150.

§30-4-27. Repealed. Acts, 2013 Reg. Sess., Ch. 150.

§30-4-28. Repealed. Acts, 2013 Reg. Sess., Ch. 150.

§30-4-29. Repealed. Acts, 2013 Reg. Sess., Ch. 150.

§30-4-30. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 30, ARTICLE 4A. ADMINISTRATION OF ANESTHESIA BY DENTISTS.

§30-4A-1. Requirement for anesthesia permit; qualifications and requirements for qualified monitors.

§30-4A-2. Presumption of Degree of Central Nervous System Depression.

§30-4A-3. Classes of anesthesia permits.

§30-4A-4. Qualifications, standards and continuing education requirements for relative analgesia/minimal sedation use.

§30-4A-5. Qualifications, standards, and continuing education requirements for a Class 2 Permit.

§30-4A-6. Qualifications, standards, and continuing education requirements for Class 3 Anesthesia Permit.

§30-4A-6a. Repealed. Acts, 2013 Reg. Sess., Ch. 150.

§30-4A-6b. Repealed. Acts, 2013 Reg. Sess., Ch. 150.

§30-4A-6c. Repealed. Acts, 2013 Reg. Sess., Ch. 150.

§30-4A-6d. Repealed. Acts, 2013 Reg. Sess., Ch. 150.

§30-4A-7. Qualifications, standards, and continuing education requirements for Class 4 Anesthesia Permit.

§30-4A-8. Board to review, inspect and reinspect dentists for issuance of permits.

§30-4A-9. Office evaluations.

§30-4A-10. Reporting of Death, Serious Complications or Injury.

§30-4A-11. Immunity from liability.

§30-4A-12. Facility Inspections.

§30-4A-13. Issuance of regular annual permits.

§30-4A-14. Waiting period for reapplication or reinspection of facilities.

§30-4A-15. Application and annual renewal of regular permits; fees.

§30-4A-16. Violations of article; penalties for practicing anesthesia without a permit.

§30-4A-17. Appointment of Subcommittee; credentials review; and on-site inspections.

§30-4A-18. Repealed. Acts, 2013 Reg. Sess., Ch. 150.

CHAPTER 30, ARTICLE 4B. DENTAL LABORATORY SERVICES.

§30-4B-1. Unlawful acts.

§30-4B-2. Work authorization required; contents; retention.

§30-4B-3. Denture identification.

§30-4B-4. Review of dental laboratory services.

§30-4B-5. Repealed. Acts, 2013 Reg. Sess., Ch. 150.

§30-4B-6. Repealed. Acts, 2013 Reg. Sess., Ch. 150.

§30-4B-7. Repealed. Acts, 2013 Reg. Sess., Ch. 150.

§30-4B-8. Repealed. Acts, 2013 Reg. Sess., Ch. 150.

CHAPTER 30, ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS AND PHARMACIES.

§30-5-1. Short title.

§30-5-1a. Repealed. Acts, 2013 Reg. Sess., Ch. 148.

§30-5-1b. Repealed. Acts, 2013 Reg. Sess., Ch. 148.

§30-5-2. Unlawful acts.

§30-5-2a. Repealed. Acts, 2013 Reg. Sess., Ch. 148.

§30-5-3. Applicable law.

§30-5-3a. Repealed. Acts, 2013 Reg. Sess., Ch. 148.

§30-5-4. Definitions.

§30-5-5. West Virginia Board of Pharmacy.

§30-5-5a. Repealed. Acts, 2013 Reg. Sess., Ch. 148.

§30-5-5b. Repealed. Acts, 2013 Reg. Sess., Ch. 148.

§30-5-6. Powers and duties of the board.

§30-5-6a. Repealed. Acts, 2013 Reg. Sess., Ch. 148.

§30-5-7. Rule-making authority.

§30-5-7a. Repealed. Acts, 2013 Reg. Sess., Ch. 148.

§30-5-7b. Repealed. Acts 2013, Reg. Sess., c. 148.

§30-5-7c. Repealed. Acts 2013, Reg. Sess., c. 148.

§30-5-8. Fees; special revenue account; administrative fines.

§30-5-9. Qualifications for licensure as pharmacist;

§30-5-9a. Repealed. Acts, 2013 Reg. Sess., Ch. 148.

§30-5-10. Scope practice for licensed pharmacist;

§30-5-10a. Repealed. Acts, 2013 Reg. Sess., Ch. 148.

§30-5-11. Registration of pharmacy technicians.

§30-5-11a. Pharmacy technician trainee qualifications.

§30-5-12. Scope practice for registered pharmacy technician.

§30-5-12a. Repealed. Acts, 1995 Reg. Sess., Ch. 193.

§30-5-12b. Definitions; selection of generic drug products; exceptions; records; labels; manufacturing standards; rules; notice of substitution; complaints; notice and hearing; immunity.

§30-5-12c. Substitution of biological product: Definitions; selection of interchangeable biological products; exceptions; records; labels; manufacturing standards; emergency rules; complaints; and immunity.

§30-5-13. Pharmacist interns.

§30-5-14. Prohibiting the dispensing of prescription orders in absence of practitioner-patient relationship.

§30-5-14a. Repealed. Acts, 2013 Reg. Sess., Ch. 148.

§30-5-14b. Repealed. Acts, 2013 Reg. Sess., Ch. 148.

§30-5-15. Reciprocal licensure of pharmacists from other states or countries.

§30-5-16. Renewal requirements.

§30-5-16a. Repealed. Acts, 2013 Reg. Sess., Ch. 148.

§30-5-16b. Repealed. Acts, 2013 Reg. Sess., Ch. 148.

§30-5-16c. Repealed. Acts, 2013 Reg. Sess., Ch. 148.

§30-5-17. Special volunteer pharmacist license; civil immunity for voluntary services rendered to indigents.

§30-5-18. Pharmacist requirements to participate in a collabora-tive pharmacy practice agreement.

§30-5-19. Collaborative pharmacy practice agreement and practice notification.

§30-5-20. Board authorizations shall be displayed.

§30-5-21. Responsibility for quality of drugs dispensed; exception; falsification of labels; deviation from prescription.

§30-5-22. Pharmacies to be registered.

§30-5-22a. Repealed. Acts, 2013 Reg. Sess., Ch. 148.

§30-5-23. Pharmacist-in-charge.

§30-5-24. Permits for mail-order pharmacy.

§30-5-25. Permit for manufacture and packaging of drugs, medicines, distribution of prescription drugs.

§30-5-26. Filling of prescriptions more than one year after issuance.

§30-5-27. Partial filling of prescriptions.

§30-5-28. Partial filling of prescriptions for long-term care facility or terminally ill patients; requirements; records; violations.

§30-5-29. Limitations of article.

§30-5-30. Actions to enjoin violations.

§30-5-31. Complaints; investigations; due process procedure; grounds for disciplinary action.

§30-5-32. Procedures for hearing; right of appeal.

§30-5-33. Judicial review.

§30-5-34. Criminal offenses.

§30-5-35. Conversion of prescriptions authorizing refills.

§30-5-36. Emergency prescriptions for life-sustaining medication

CHAPTER 30, ARTICLE 6. BOARD OF FUNERAL SERVICE EXAMINERS.

§30-6-1. License required to practice.

§30-6-2. Short title.

§30-6-3. Definitions.

§30-6-4. Board of funeral service examiners.

§30-6-5. Powers of the board.

§30-6-6. Rule-making authority.

§30-6-7. Fees; special revenue account; administrative fines.

§30-6-8. Embalmer license requirements.

§30-6-9. Funeral director license requirements.

§30-6-10. Funeral service license requirements.

§30-6-11. Crematory operator certificate requirements.

§30-6-12. Licenses or equivalent from another state; license or certificate to practice in this state.

§30-6-13. Courtesy cards.

§30-6-14. License and certificate renewal; conditions of renewal.

§30-6-15. Continuing education.

§30-6-16. Inspector and inspection requirements.

§30-6-17. Apprenticeship.

§30-6-18. Funeral establishment license requirements.

§30-6-19. Funeral establishment to be managed by a licensee in charge; license displayed.

§30-6-20. Crematory license requirements.

§30-6-21. Requirements for cremating.

§30-6-22. Disposition of body of deceased person; penalty.

§30-6-22a. Right of disposition; preneed contract; affidavit on disposition of remains; role of county commission; liability of funeral home.

§30-6-22b. Certification for alkaline hydrolysis of human remains.

§30-6-23. Refusal to issue or renew, suspension or revocation of license; disciplinary action.

§30-6-24. Complaints; investigations.

§30-6-25. Hearing and judicial review.

§30-6-26. Reinstatement.

§30-6-27. Unlawful acts.

§30-6-28. Injunctions.

§30-6-29. Criminal proceedings; penalties.

§30-6-30. Single act evidence of practice.

§30-6-31. Inapplicability of article.

§30-6-32. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 30, ARTICLE 7. REGISTERED PROFESSIONAL NURSES.

§30-7-1. Definitions.

§30-7-1a. Eligibility for licensure by meeting requirements which existed prior to the legislative enactments during the 2012 legislative session.

§30-7-2. License required to practice.

§30-7-3. Board of examiners for registered professional nurses.

§30-7-4. Organization and meetings of board; quorum; powers and duties generally; executive secretary; funds.

§30-7-5. Schools of nursing.

§30-7-5a. Schools of nursing faculty requirements.

§30-7-6. License to practice registered professional nursing.

§30-7-6a. Special volunteer registered professional nurse license; civil immunity for voluntary services rendered to indigents.

§30-7-6b. Special volunteer license; civil immunity for voluntary services rendered to indigents.

§30-7-7. License to practice advanced practice registered nursing.

§30-7-8. License renewal.

§30-7-8a. Temporary permits.

§30-7-9. Contents of license or certificate.

§30-7-10. Use of titles.

§30-7-11. Denial, revocation, or suspension of license; grounds for discipline.

§30-7-11a. Voluntary agreements relating to alcohol or chemical dependency; confidentiality.

§30-7-12. Exceptions.

§30-7-13. Prohibitions and penalties.

§30-7-14. Injunction or other relief against unlawful acts.

§30-7-15. Administration of anesthetics.

§30-7-15a. Prescriptive authority for prescription drugs.

§30-7-15b. Eligibility for prescriptive authority; application; fee; collaborative relationships and agreements.

§30-7-15c. Form of prescriptions; termination of authority; renewal; notification of termination of authority.

§30-7-15d. Advanced practice registered nurse signatory authority.

§30-7-15e. Joint Advisory Council on Limited Prescriptive Authority.

§30-7-16. General law applicable.

§30-7-17. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§30-7-18. Nursing shortage study commission.

§30-7-19. Circulating registered nurses.

§30-7-20. Pilot program.

CHAPTER 30, ARTICLE 7A. PRACTICAL NURSES.

§30-7A-1. Definitions.

§30-7A-2. Use of titles.

§30-7A-3. Qualifications of applicants for license.

§30-7A-4. Application for license or registration; examination fee.

§30-7A-5. Board of examiners; powers; duties.

§30-7A-6. Examination and licensure of practical nurses; present practitioners.

§30-7A-6a. Special volunteer license; civil immunity for voluntary services rendered to indigents.

§30-7A-7. Renewal or reinstatement of license.

§30-7A-7a. Supplemental fees to fund Center for Nursing; emergency rules.

§30-7A-8. Schools of practical nursing.

§30-7A-9. Construction of article; acts not prohibited.

§30-7A-10. Disciplinary proceeding; grounds for discipline.

§30-7A-11. Prohibited acts; penalties.

§30-7A-12. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 30, ARTICLE 7B. CENTER FOR NURSING.

§30-7B-1. Definitions.

§30-7B-2. West Virginia Center for Nursing.

§30-7B-3. Center’s powers and duties.

§30-7B-4. Board of directors.

§30-7B-5. Powers and duties of the board of directors.

§30-7B-6. Expense reimbursement.

§30-7B-7. Reports.

§30-7B-8. Repealed. Acts, 2014 Reg. Sess., Ch. 137.

§30-7B-9. Repealed. Acts, 2014 Reg. Sess., Ch. 137.

§30-7B-10. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 30, ARTICLE 7C. DIALYSIS TECHNICIANS.

§30-7C-1. Definitions.

§30-7C-2. Authority to delegate care; dialysis care by trainees in approved program.

§30-7C-3. Qualifications; exceptions; application form and fees.

§30-7C-4. Use of title "West Virginia dialysis technician" or "dialysis technician"; dialysis technician trainees.

§30-7C-5. Authorized activities.

§30-7C-6. Approval of training programs and testing standards.

§30-7C-7. Powers and duties of Board; rule-making authority.

§30-7C-8. Fees.

§30-7C-9 Repealed Acts, 2018 Reg. Sess., Ch. 181.  

§30-7C-10. Disciplinary proceeding; grounds for discipline of a dialysis technician.

§30-7C-11. Prohibited acts; penalties.

§30-7C-12. Judicial review; appeal to Supreme Court of Appeals.

§30-7C-13. Injunction or other relief against unlawful acts.

CHAPTER 30, ARTICLE 7D. MEDICATION ASSISTIVE PERSONS.

§30-7D-1. Pilot program.

§30-7D-2. Definitions.

§30-7D-3. Certificate required.

§30-7D-4. Designated facilities.

§30-7D-5. Qualifications.

§30-7D-6. Scope of work.

§30-7D-7. Renewal of certifications.

§30-7D-8. Disciplinary actions.

§30-7D-9. Offenses and penalties.

§30-7D-10. Injunction.

§30-7D-11. Medication Assistive Person Advisory Committee.

§30-7D-12. Applicability of article.

§30-7D-13. Rulemaking authority.

CHAPTER 30, ARTICLE 7E. NURSE HEALTH PROGRAMS.

§30-7E-1. Definitions.

§30-7E-2. Nurse health program.

§30-7E-3. Discretionary authority of boards to designate programs.

CHAPTER 30, ARTICLE 7F. NURSE LICENSURE COMPACT.

§30-7F-1. Findings and Declaration of Purpose.

§30-7F-2. Definitions.

§30-7F-3. General Provisions and Jurisdiction.

§30-7F-4. Applications for Licensure in a Party State.

§30-7F-5. Additional Authorities Invested in Party State Licensing Boards.

§30-7F-6. Coordinated Licensure Information System and Exchange of Information.

§30-7F-7. Establishment of the Interstate Commission of Nurse Licensure Compact Administrators.

§30-7F-8. Rulemaking.

§30-7F-9. Oversight, Dispute Resolution and Enforcement.

§30-7F-10. Effective Date, Withdrawal and Amendment.

§30-7F-11. Construction and Severability.

CHAPTER 30, ARTICLE 8. OPTOMETRISTS.

§30-8-1. Unlawful acts.

§30-8-2. Applicable law.

§30-8-2a. Repealed. Acts, 2010 Reg. Sess., Ch. 152.

§30-8-2b. Repealed. Acts, 2010 Reg. Sess., Ch. 152.

§30-8-3. Definitions.

§30-8-3a. Repealed. Acts, 2010 Reg. Sess., Ch. 152.

§30-8-3b. Repealed. Acts, 2010 Reg. Sess., Ch. 152.

§30-8-4. Board of Optometry.

§30-8-5. Powers and duties of the board.

§30-8-5a. Repealed. Acts, 2010 Reg. Sess., Ch. 152.

§30-8-6. Rulemaking.

§30-8-7. Fees; special revenue account; administrative fines.

§30-8-8. License to practice optometry.

§30-8-9. Scope of practice.

§30-8-10. Exceptions from licensure.

§30-8-11. Issuance of license; renewal of license; renewal fee.

§30-8-12. Temporary permits.

§30-8-13. License from another jurisdiction; license to practice in this state.

§30-8-14. Prescriptive authority.

§30-8-15. Administration of injectable pharmaceutical agents.

§30-8-16. Special volunteer license; civil immunity for voluntary services rendered to indigents.

§30-8-17. Optometric business entities.

§30-8-18. Complaints; investigations; due process procedure; grounds for disciplinary action.

§30-8-19. Procedures for hearing; right of appeal.

§30-8-20. Judicial review.

§30-8-21. Criminal proceedings; penalties.

§30-8-22. Single act evidence of practice.

CHAPTER 30, ARTICLE 8A. EYE CARE CONSUMER PROTECTION LAW.

§30-8A-1. Definitions.

§30-8A-2. Prescriptions.

§30-8A-3. Prohibited Actions.

§30-8A-4. Enforcement.

§30-8A-5. Criminal Penalty for violation.

CHAPTER 30, ARTICLE 9. ACCOUNTANTS.

§30-9-1. License required to practice.

§30-9-2. Definitions.

§30-9-3. Board of accountancy; appointment; terms, qualifications of members; removal of members; compensation of members; civil liability protection for members.

§30-9-4. Powers of the board.

§30-9-5. Rule-making authority.

§30-9-6. Fees; special fund; administrative fines.

§30-9-7. Issuance of certificate; certificates issued prior to the first day of July, two thousand one.

§30-9-8. Education, examination and experience certificate requirements.

§30-9-9. Substantial equivalency certificate requirements.

§30-9-10. Not substantially equivalent certificate requirements.

§30-9-11. Foreign designation certificate requirements.

§30-9-12. Certificate renewal; conditions of renewal.

§30-9-13. Duty to inform board of denials, suspensions, revocations, limitations.

§30-9-14. Holder of out-of-state certificate establishing principal place of business in state.

§30-9-15. Public accountants.

§30-9-16. Substantial equivalency practice privileges.

§30-9-17. Issuance and renewal of permits.

§30-9-18. Notification of changes in firm ownership; revocation of permit.

§30-9-19. Issuance and renewal of authorizations.

§30-9-20. Refuse to issue or renew; suspension, revocation of license; disciplinary action.

§30-9-21. Complaints; investigation.

§30-9-22. Hearing; judicial review; notification to out-of-state board of accountancy; costs of proceedings.

§30-9-23. Reinstatement.

§30-9-24. Licensees' working papers; clients' records.

§30-9-25. Commissions, referral fees and contingent fees.

§30-9-26. Unlawful acts.

§30-9-27. Injunctions against unlawful acts.

§30-9-28. Criminal proceedings; penalties.

§30-9-29. Single act evidence of practice.

§30-9-30. Accounting corporations.

§30-9-31. Inapplicability of article.

§30-9-32. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§30-9-33. Mandatory training in federal antitrust law and state action immunity.

§30-9-34. Indemnification.

CHAPTER 30, ARTICLE 10. VETERINARIANS.

§30-10-1. Unlawful acts.

§30-10-2. Applicable law.

§30-10-3. Definitions.

§30-10-3a. Repealed. Acts, 1967 Reg. Sess., Ch. 154.

§30-10-4. Board of Veterinary Medicine.

§30-10-5. Powers and duties of the board.

§30-10-6. Rule-making authority.

§30-10-7. Fees; special revenue account; administrative fines.

§30-10-8. Requirements for Veterinary License.

§30-10-9. Scope of practice for a licensed veterinarian.

§30-10-10. Requirements for a registered veterinary technician.

§30-10-11. Scope of practice for registered veterinary technician.

§30-10-12. Requirements to be a certified animal euthanasia technician.

§30-10-13. Requirements for certified animal euthanasia technicians program.

§30-10-14. Scope of practice for an animal euthanasia technician.

§30-10-15. Renewal requirements.

§30-10-16. Temporary permits for a veterinarian.

§30-10-17. Exemptions from article.

§30-10-18. Display of license, permit, registration and certificate.

§30-10-19. Complaints; investigations; due process procedure; grounds for disciplinary action.

§30-10-20. Procedures for hearing; right of appeal.

§30-10-21. Judicial review; appeal to Supreme Court of Appeals.

§30-10-22. Criminal proceedings; penalties.

§30-10-23. Single act evidence of practice.

§30-10- 24. Telehealth practice.

CHAPTER 30, ARTICLE 10A. ANIMAL EUTHANASIA TECHNICIANS.

§30-10A-1. Repealed. Acts, 2010 Reg. Sess., Ch. 153.

§30-10A-2. Repealed. Acts, 2010 Reg. Sess., Ch. 153.

§30-10A-3. Repealed. Acts, 2010 Reg. Sess., Ch. 153.

§30-10A-4. Repealed. Acts, 2010 Reg. Sess., Ch. 153.

§30-10A-5. Repealed. Acts, 2010 Reg. Sess., Ch. 153.

§30-10A-6. Repealed. Acts, 2010 Reg. Sess., Ch. 153.

§30-10A-7. Repealed. Acts, 2010 Reg. Sess., Ch. 153.

§30-10A-8. Repealed. Acts, 2010 Reg. Sess., Ch. 153.

§30-10A-9. Repealed. Acts, 2010 Reg. Sess., Ch. 153.

CHAPTER 30, ARTICLE 11. CHIROPODISTS-PODIATRISTS.

§30-11-1. Repealed. Acts, 1980 Reg. Sess., Ch. 83.

§30-11-2. Repealed. Acts, 1980 Reg. Sess., Ch. 83.

§30-11-3. Repealed. Acts, 1980 Reg. Sess., Ch. 83.

§30-11-4. Repealed. Acts, 1980 Reg. Sess., Ch. 83.

§30-11-5. Repealed. Acts, 1980 Reg. Sess., Ch. 83.

§30-11-6. Repealed. Acts, 1980 Reg. Sess., Ch. 83.

§30-11-7. Repealed. Acts, 1980 Reg. Sess., Ch. 83.

§30-11-8. Repealed. Acts, 1980 Reg. Sess., Ch. 83.

§30-11-9. Repealed. Acts, 1980 Reg. Sess., Ch. 83.

§30-11-10. Repealed. Acts, 1980 Reg. Sess., Ch. 83.

§30-11-11. Repealed. Acts, 1980 Reg. Sess., Ch. 83.

CHAPTER 30, ARTICLE 12. ARCHITECTS.

§30-12-1. Board of architects.

§30-12-2. Definitions.

§30-12-3. Fees.

§30-12-4. Registration qualifications.

§30-12-5. Registration renewal.

§30-12-6. Certificate of registration.

§30-12-7. Seal.

§30-12-8. Disciplinary powers.

§30-12-9. Disciplinary proceedings.

§30-12-10. Registration; prima facie evidence.

§30-12-11. Prohibition.

§30-12-11a. Construction administration services required.

§30-12-12. Exceptions.

§30-12-13. Enforcement.

§30-12-14. Penalties.

§30-12-15. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 30, ARTICLE 13. ENGINEERS.

§30-13-1. Legislative findings; intent.

§30-13-2. General provisions.

§30-13-3. Definitions.

§30-13-4. Board of registration for professional engineers; appointment and term.

§30-13-5. Board qualifications.

§30-13-6. Compensation and expenses.

§30-13-7. Removal of members and vacancies.

§30-13-8. Organization and meetings.

§30-13-9. Board powers.

§30-13-10. Receipt of fees, fund established, disbursements.

§30-13-11. Records and reports.

§30-13-12. Roster.

§30-13-13. Requirements for registration of professional engineers and certification of engineer interns.

§30-13-13a. Designations of nonpracticing status.

§30-13-14. Application and registration fee.

§30-13-15. Examinations.

§30-13-16. Certificates and seals.

§30-13-17. Certificates of authorization required; naming of engineering firms.

§30-13-18. Renewals and reinstatement.

§30-13-19. Reissuance of certificates.

§30-13-20. Public works.

§30-13-21. Disciplinary action--Revocation, suspension, refusal to issue, restore or renew, probation, civil penalty, reprimand.

§30-13-22. Disciplinary action -- Procedures.

§30-13-23. Criminal offenses.

§30-13-24. Exemptions.

§30-13-25. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 30, ARTICLE 13A. LAND SURVEYORS.

§30-13A-1. Unlawful acts.

§30-13A-2. Applicable law.

§30-13A-3. Definitions.

§30-13A-4. Board of Professional Surveyors.

§30-13A-5. Powers and duties of the board.

§30-13A-6. Rule-making authority.

§30-13A-7. Fees; special revenue account; administrative fines.

§30-13A-8. Education, experience and examination requirements for a surveying license.

§30-13A-9. Surveying license requirements.

§30-13A-10. Scope of Practice.

§30-13A-11. Exemptions from licensing.

§30-13A-12. Surveyor intern requirements.

§30-13A-13. License from another state.

§30-13A-14. License, endorsement and certificate of authorization renewal requirements.

§30-13A-15. Inactive license requirements.

§30-13A-16. Delinquent and expired license requirements.

§30-13A-17. Retired license requirements.

§30-13A-18. Requirements for when a person fails an examination.

§30-13A-19. Display of license, endorsement and certificate of authorization.

§30-13A-20. Certificate of authorization requirements.

§30-13A-21. Surveyor-in-charge requirements.

§30-13A-22. Complaints; investigations; due process procedure; grounds for disciplinary action.

§30-13A-23. Procedures for hearing.

§30-13A-24. Judicial review.

§30-13A-25. Criminal proceedings; penalties.

§30-13A-26. Repealed. Acts, 2010 Reg. Sess., Ch. 148.

§30-13A-27. Repealed. Acts, 2010 Reg. Sess., Ch. 148.

§30-13A-28. Repealed. Acts, 2010 Reg. Sess., Ch. 148.

§30-13A-29. Repealed. Acts, 2010 Reg. Sess., Ch. 148.

§30-13A-30. Repealed. Acts, 2010 Reg. Sess., Ch. 148.

§30-13A-31. Repealed. Acts, 2010 Reg. Sess., Ch. 148.

§30-13A-32. Repealed. Acts, 2010 Reg. Sess., Ch. 148.

§30-13A-33. Repealed. Acts, 2010 Reg. Sess., Ch. 148.

§30-13A-34. Repealed. Acts, 2010 Reg. Sess., Ch. 148.

§30-13A-35. Repealed. Acts, 2010 Reg. Sess., Ch. 148.

§30-13A-36. Repealed. Acts, 2010 Reg. Sess., Ch. 148.

§30-13A-37. Repealed. Acts, 2010 Reg. Sess., Ch. 148.

CHAPTER 30, ARTICLE 14. OSTEOPATHIC PHYSICIANS AND SURGEONS.

§30-14-1. License required.

§30-14-2. Definitions.

§30-14-3. Board of Osteopathic Medicine.

§30-14-4. Application for license or educational permit.

§30-14-5. Examination.

§30-14-6. Issuance of license without examination; fee.

§30-14-7. Reciprocal endorsement fee.

§30-14-8. Temporary permits.

§30-14-8A. Repealed. Acts, 1988 Reg. Sess., Ch. 99.

§30-14-9. Duties and rights of osteopathic physicians and surgeons.

§30-14-9a. Osteopathic medical corporations - Application for registration; fee; notice to Secretary of State of issuance of certificate; action by secretary of state.

§30-14-9b. Same - Rights and limitations generally; biennial registration; fee; when practice to cease; admissibility and effect of certificate signed by board; penalty.

§30-14-10. Renewal of license; fee; refresher training a prerequisite; effect of failure to renew; reinstatement; educational permit.

§30-14-11. Refusal, suspension or revocation of license; suspension or revocation of certificate of authorization.

§30-14-11a. Records of board; expungement; examination; notice; public information; voluntary agreements relating to alcohol or chemical dependency; confidentiality of same; physician-patient privileges.

§30-14-12. Offenses; penalties.

§30-14-12a. Initiation of suspension or revocation proceedings allowed and required; reporting of information to board pertaining to professional malpractice and professional incompetence required; penalties; probable cause determinations; referrals to law-enforcement authorities.

§30-14-12b. Special volunteer medical license; civil immunity for voluntary services rendered to indigents.

§30-14-12c. License to practice as an osteopathic physician and surgeon at certain state veterans nursing home facilities.

§30-14-12d. Telemedicine practice; requirements; exceptions; definitions; rulemaking.

§30-14-13. Limitation of article.

§30-14-14. Rulemaking.

§30-14-15 Repealed Acts, 2017 Reg. Sess., Ch. 119.

§30-14-16. Combining staff functions with West Virginia Board of Medicine.

§30-14-17. Prohibited practice.

CHAPTER 30, ARTICLE 14A. ASSISTANTS TO OSTEOPATHIC PHYSICIANS AND SURGEONS.

§30-14A-1. Repealed. Acts, 2014 Reg. Sess., Ch. 142.

§30-14A-2. Repealed. Acts, 2014 Reg. Sess., Ch. 142.

§30-14A-3. Repealed. Acts, 2014 Reg. Sess., Ch. 142.

§30-14A-4. Repealed. Acts, 2014 Reg. Sess., Ch. 142.

§30-14A-5. Repealed. Acts, 2014 Reg. Sess., Ch. 142.

CHAPTER 30, ARTICLE 15. NURSE-MIDWIVES.

§30-15-1 Repealed. Acts, 2016 Reg. Sess., Ch. 175

§30-15-2 Repealed. Acts, 2016 Reg. Sess., Ch. 175

§30-15-3 Repealed. Acts, 2016 Reg. Sess., Ch. 175

§30-15-4 Repealed. Acts, 2016 Reg. Sess., Ch. 175

§30-15-5 Repealed. Acts, 2016 Reg. Sess., Ch. 175

§30-15-6 Repealed. Acts, 2016 Reg. Sess., Ch. 175

§30-15-7 Repealed. Acts, 2016 Reg. Sess., Ch. 175

§30-15-7a Repealed. Acts, 2016 Reg. Sess., Ch. 175

§30-15-7b Repealed. Acts, 2016 Reg. Sess., Ch. 175

§30-15-7c Repealed. Acts, 2016 Reg. Sess., Ch. 175

§30-15-8 Repealed. Acts, 2016 Reg. Sess., Ch. 175

CHAPTER 30, ARTICLE 16. CHIROPRACTORS.

§30-16-1. Purpose and legislative intent.

§30-16-2. License required; exceptions.

§30-16-3. Definitions.

§30-16-4. West Virginia Board of Chiropractic; establishment and composition.

§30-16-5. Powers and duties of the board.

§30-16-6. Application for license; requirements for licensure.

§30-16-7. Examination; certificates of license.

§30-16-7a. Special volunteer chiropractor license; civil immunity for voluntary services rendered to indigents.

§30-16-8. Licensing of foreign graduates.

§30-16-9. Licensure by endorsement; temporary licensure; restricted licensure.

§30-16-10. Licensing chiropractors from other states; fee.

§30-16-11. Disciplinary actions.

§30-16-12. Impaired chiropractors.

§30-16-13. Protected action, immunity and communication.

§30-16-14. Enforcement.

§30-16-15. Annual renewal; failure to renew; reinstatement.

§30-16-16. Initiation of suspension or revocation proceedings allowed and required; reporting of information to board pertaining to professional malpractice and professional incompetence required; penalties.

§30-16-17. Who may practice chiropractic; title of chiropractor; minimum education required for spinal manipulation.

§30-16-18. Scope of practice; chiropractic assistants; expert testimony.

§30-16-19. Duty of chiropractor to observe health rules; reports of health officer and local registrar of vital statistics.

§30-16-20. Use of physiotherapeutic devices; electrodiagnostic devices; specialty practice.

§30-16-21. Chiropractic corporations.

§30-16-22. Offenses; penalties.

CHAPTER 30, ARTICLE 17. SANITARIANS.

§30-17-1. Unlawful acts.

§30-17-2. Applicable law.

§30-17-3. Definitions.

§30-17-4. State Board of Sanitarians.

§30-17-5. Powers and duties of the board.

§30-17-6. Rulemaking.

§30-17-7. Fees; special revenue account; administrative fines.

§30-17-8. Qualifications for licensure as a registered sanitarian.

§30-17-9. Qualifications for certificate as a sanitarian.

§30-17-10. Qualifications for permit as a sanitarian-in-training.

§30-17-11. Persons exempted from licensure.

§30-17-12. License from another state.

§30-17-13. Renewal requirements.

§30-17-14. Display of license, permit or certificate.

§30-17-15. Complaints; investigations; due process procedure; grounds for disciplinary action.

§30-17-16. Procedures for hearing; right of appeal.

§30-17-17. Judicial review; appeal to Supreme Court of Appeals.

§30-17-18. Criminal proceedings; penalties.

§30-17-19. Single act evidence of practice.

CHAPTER 30, ARTICLE 18. PRIVATE INVESTIGATIVE AND SECURITY SERVICES.

§30-18-1. Definitions.

§30-18-2. Eligibility requirements for license to conduct the private investigation business.

§30-18-3. Application requirements for a license to conduct the private investigation business.

§30-18-4. Requirements for employees conducting the private investigation business under a firm license.

§30-18-5. Eligibility requirements to be licensed to conduct security guard business.

§30-18-6. Application requirements for a license to conduct security guard business.

§30-18-7. Requirements for employees conducting security guard business under a firm license.

§30-18-8. Prohibitions.

§30-18-9. Renewal of license.

§30-18-10. Authority of Secretary of State.

§30-18-11. Penalties.

§30-18-12. Action for damages.

§30-18-13. Disposition of fees.

CHAPTER 30, ARTICLE 19. FORESTERS.

§30-19-1. Use of descriptive title restricted.

§30-19-2. Applicable law.

§30-19-3. Definitions.

§30-19-4. State Board of Registration of Foresters.

§30-19-5. Powers and duties of the board.

§30-19-6. Rulemaking.

§30-19-7. Fees; special revenue account; administrative fines.

§30-19-8. General requirements to be certified as a registered forester.

§30-19-9. General requirements to be registered forestry technician.

§30-19-10. Qualifications for permit as a forester-in-training or a forestry technician-in-training.

§30-19-11. License from another state.

§30-19-12. Renewal requirements.

§30-19-13. Complaints; investigations; due process procedure; grounds for disciplinary action.

§30-19-14. Procedures for hearing; right of appeal.

§30-19-15. Judicial review; appeal to Supreme Court of Appeals.

§30-19-16. Criminal proceedings; penalties.

§30-19-17. Single act evidence of practice.

CHAPTER 30, ARTICLE 20. PHYSICAL THERAPISTS.

§30-20-1. Unlawful acts.

§30-20-2. Applicable law.

§30-20-3. Definitions.

§30-20-4. West Virginia Board of Physical Therapy.

§30-20-5. Powers and duties of the board.

§30-20-6. Rulemaking.

§30-20-7. Fees; special revenue account; administrative fines.

§30-20-8. License to practice physical therapy.

§30-20-8a. West Virginia Board of Physical Therapy criminal history record checks.

§30-20-9. Scope of practice of a physical therapist.

§30-20-10. License to act as a physical therapist assistant.

§30-20-11. License to practice physical therapy from another jurisdiction.

§30-20-12. Temporary permits.

§30-20-13. Special volunteer physical therapist license, physical therapist assistant license; civil immunity for voluntary services rendered to indigents.

§30-20-14. Renewal requirements.

§30-20-15. Delinquent and expired license requirements.

§30-20-16. Inactive license requirements.

§30-20-17. Exemptions from licensure.

§30-20-18. Display of license.

§30-20-19. Complaints; investigations; due process procedure; grounds for disciplinary action.

§30-20-20. Procedures for hearing; right of appeal.

§30-20-21. Judicial review.

§30-20-22. Criminal proceedings; penalties.

CHAPTER 30, ARTICLE 20A. ATHLETIC TRAINERS.

§30-20A-1. Unlawful acts.

§30-20A-2. Applicable law.

§30-20A-3. Definitions.

§30-20A-4. License to practice athletic training.

§30-20A-5. Scope of practice of an athletic trainer.

§30-20A-6. License to practice athletic training from another jurisdiction.

§30-20A-7. Temporary permits.

§30-20A-8. Renewal requirements.

§30-20A-9. Delinquent and expired license requirements.

§30-20A-10. Inactive license requirements.

§30-20A-11. Exemptions from licensure.

§30-20A-12. Display of license.

§30-20A-13. Complaints; investigations; due process procedure; grounds for disciplinary action.

§30-20A-14. Procedures for hearing; right of appeal.

§30-20A-15. Judicial review.

§30-20A-16. Criminal proceedings; penalties.

CHAPTER 30, ARTICLE 21. PSYCHOLOGISTS; SCHOOL PSYCHOLOGISTS.

§30-21-1. Legislative findings and declaration of public policy.

§30-21-2. Definitions.

§30-21-3. License required; firms, associations and corporations engaging in the practice of psychology.

§30-21-4. Duties of licensee; construction of article.

§30-21-5. Creation of board of examiners of psychologists; members, terms, meetings, officers, oath and compensation; general provisions.

§30-21-6. Powers and duties of board; funds of board.

§30-21-7. Qualifications of applicants; exceptions; applications; fee.

§30-21-7a. Eligibility for school psychologist resident.

§30-21-7b. Eligibility for licensed school psychologist.

§30-21-7c. Eligibility for licensed school psychologist independent practitioner.

§30-21-7d. Eligibility for current school psychologist.

§30-21-7e. Eligibility of doctoral applicants.

§30-21-8. Issuance of license; renewal of license; renewal fee; display of license.

§30-21-8a. Issuance of license; renewal of license; renewal fee; display of license.

§30-21-9. Temporary permits.

§30-21-10. Suspension or revocation of license or temporary permit.

§30-21-10a. Rulemaking.

§30-21-11. Procedures for hearing.

§30-21-12. Judicial review; appeal to Supreme Court of Appeals; legal representation for board.

§30-21-13. Penalties.

§30-21-14. Actions to enjoin violations.

§30-21-15. Severability.

§30-21-16. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§30-21-17. Special volunteer psychologists license; civil immunity for voluntary services rendered to indigents.

CHAPTER 30, ARTICLE 21A. PSYCHOLOGISTS; SCHOOL PSYCHOLOGISTS.

§30-21A-1. Definitions.

§30-21A-2. Home state licensure.

§30-21A-3. Compact privilege to practice telepsychology.

§30-21A-4. Compact temporary authorization to practice.

§30-21A-5. Conditions of telepsychology practice in a receiving state.

§30-21A-6. Adverse actions.

§30-21A-7. Additional authorities invested in a compact state’s psychology regulatory authority.

§30-21A-8. Coordinated licensure information system.

§30-21A-9. Establishment of the psychology interjurisdictional compact.

§30-21A-10. Rulemaking.

§30-21A-11. Oversight, dispute resolution and enforcement.

§30-21A-12. Date of implementation of the psychology interjurisdictional compact commission and associated rules, withdrawal, and amendments.

§30-21A-13. Construction and severability.

CHAPTER 30, ARTICLE 22. LANDSCAPE ARCHITECTS.

§30-22-1. License required to practice.

§30-22-2. Unlawful acts.

§30-22-3. Applicable law.

§30-22-4. Definitions.

§30-22-5. Board of Landscape Architects.

§30-22-5a. Repealed. Acts, 2006 Reg. Sess., Ch. 183.

§30-22-6. Powers and duties of the board.

§30-22-7. Rule-making authority.

§30-22-8. Fees; special revenue account; administrative fines.

§30-22-9. Education, experience and examination requirements for licensure.

§30-22-10. License requirements.

§30-22-11. License from another jurisdiction; license to practice in this state.

§30-22-12. License renewal requirements.

§30-22-13. Inactive license requirements.

§30-22-14. Retired license requirements.

§30-22-15. Reinstatement.

§30-22-16. Temporary permits.

§30-22-17. Display of license.

§30-22-18. Seal requirements.

§30-22-19. Certificate of authorization requirements.

§30-22-20. Certificate of authorization renewal requirements.

§30-22-21. Display of certificate of authorization.

§30-22-22. Exemptions from article.

§30-22-23. Refusal to issue or renew, suspension or revocation;

§30-22-24. Complaints; investigations; notice.

§30-22-25. Hearing and judicial review.

§30-22-26. Injunctions.

§30-22-27. Criminal proceedings; penalties.

§30-22-28. Single act evidence of practice.

§30-22-29. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 30, ARTICLE 23. RADIOLOGIC TECHNOLOGISTS.

§30-23-1. License required to practice.

§30-23-2. Unlawful acts.

§30-23-3. Applicable law.

§30-23-4. Definitions.

§30-23-5. Medical Imaging and Radiation Therapy Technology Board of Examiners.

§30-23-6. Powers and duties of the board.

§30-23-6a. Repealed. Acts, 2007 Reg. Sess., Ch. 206.

§30-23-6b. Repealed. Acts, 2007 Reg. Sess., Ch. 206.

§30-23-7. Rule making.

§30-23-8. Fees; special revenue account; administrative fines.

§30-23-9. Requirements for Radiologic Technology license.

§30-23-10. Scope of Practice for a Radiologic Technologist.

§30-23-11. Scope of Practice for a Radiation Therapist.

§30-23-12. Exemptions from Radiologic Technology license.

§30-23-13. Requirements for temporary Medical Imaging and Radiation Therapy Technology license.

§30-23-14. Medical Imaging and Radiation Therapy Technology license from another state; license to practice in this state.

§30-23-15. Requirements for Nuclear Medicine Technologist license

§30-23-16. Scope of practice for Nuclear Medicine Technologist.

§30-23-17. Requirements for Magnetic Resonance Imaging Technologist license.

§30-23-18. Scope of Practice for Magnetic Resonance Imaging Technologist.

§30-23-19. Requirements for an apprentice license for Nuclear Medicine Technologists and Magnetic Resonance Imaging Technologists.

§30-23-20. Requirements for Podiatric Medical Assistant permit.

§30-23-21. Scope of practice for Podiatric Medical Assistants.

§30-23-22. License and permit renewal requirements.

§30-23-23. Display of license.

§30-23-24. Refusal to issue or renew, suspension or revocation; disciplinary action.

§30-23-25. Complaints; investigations; notice.

§30-23-26. Hearing and judicial review.

§30-23-27. Injunctions.

§30-23-28. Criminal proceedings; penalties.

§30-23-29. Single act evidence of practice.

§30-23-30. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 30, ARTICLE 24. QUALIFICATION OF ARMED FORCES HEALTH TECHNICIANS FOR CIVILIAN HEALTH OCCUPATIONS.

§30-24-1. Legislative findings; rule of construction.

§30-24-2. Qualification for examination for license as a registered professional nurse.

§30-24-3. Qualification for examination for license as a licensed practical nurse.

§30-24-4. Qualification for examination for license as a dental hygienist.

§30-24-5. Qualification for examination for registration as a sanitarian.

§30-24-6. Qualification for examination for license as a licensed physical therapist.

§30-24-7. Records required to be kept; reports to Legislature.

§30-24-8. Qualification for examination for license as an emergency medical technician.

CHAPTER 30, ARTICLE 25. NURSING HOME ADMINISTRATORS.

§30-25-1. Unlawful acts.

§30-25-2. Applicable law.

§30-25-3. Definitions.

§30-25-4. West Virginia Nursing Home Administrators Licensing Board.

§30-25-5. Powers and duties of the board.

§30-25-6. Rulemaking.

§30-25-7. Fees; special revenue account; administrative fines.

§30-25-8. Qualifications for license; exceptions; application; fees.

§30-25-9. License to practice nursing home administration from another jurisdiction.

§30-25-10. Temporary and Emergency Permits.

§30-25-11. Renewal requirements.

§30-25-12. Inactive license requirements.

§30-25-13. Display of license.

§30-25-14. Complaints; investigations; due process procedure; grounds for disciplinary action.

§30-25-15. Procedures for hearing; right of appeal.

§30-25-16. Judicial review.

§30-25-17. Criminal proceedings; penalties.

§30-25-18. Single act evidence of practice.

CHAPTER 30, ARTICLE 26. HEARING-AID DEALERS AND FITTERS.

§30-26-1. Definitions.

§30-26-2. Engaging in practice of hearing-aid dealer or trainee without license prohibited; exceptions.

§30-26-3. West Virginia board of hearing-aid dealers created; members; qualifications; term; oath; salary and expenses; powers and duties.

§30-26-4. Administrative duties; examinations; register; use of fees.

§30-26-5. Application for licenses; qualifications of applicants; fees; duties of the board with respect thereto.

§30-26-6. Standards, scope and subject of examination.

§30-26-7. Results of examination disclosed to applicant; issuance of license; fees.

§30-26-8. Posting of license required; duplicate copies.

§30-26-9. Renewal of license.

§30-26-10. Notification of change of address of licensee required.

§30-26-11. Reciprocity.

§30-26-12. Temporary trainee permits.

§30-26-13. Refusal to issue, suspension or revocation of license or trainee permit; false and deceptive advertising.

§30-26-14. Matters to be ascertained by licensee prior to the sale or fitting of hearing aids.

§30-26-15. Receipt required to be furnished to a person supplied with hearing aid; information required; right to rescind purchase agreement.

§30-26-16. Hearing procedures; judicial review.

§30-26-17. Prohibited acts and practices.

§30-26-18. Offenses and penalties.

§30-26-19. Injunction.

§30-26-20. Construction and severability.

§30-26-21. Sunset and transfer of duties provision; effective date.

CHAPTER 30, ARTICLE 27. BOARD OF BARBERS AND COSMETOLOGISTS.

§30-27-1. Unlawful acts.

§30-27-2. Applicable law.

§30-27-3. Definitions.

§30-27-4. Board of Barbers and Cosmetologists.

§30-27-5. Powers and duties of the board.

§30-27-6. Rulemaking.

§30-27-7. Fees; special revenue account; administrative fines.

§30-27-8. Professional license requirements.

§30-27-8a. Barber and cosmetologist apprentice.

§30-27-8b. Certifications.

§30-27-9. Professional license from another state; license to practice in this state; provisional license to practice in this state.

§30-27-10. Professional license and certificate renewal requirements.

§30-27-10a. Repealed. Acts, 2009 Reg. Sess., Ch. 175.

§30-27-11. Work permit.

§30-27-11a. Shampoo assistant.

§30-27-12. Student registration; classes.

§30-27-13. Display of professional license and permits.

§30-27-14. Health certificate requirements.

§30-27-15. Schools may provide certain classes at different locations.

§30-27-16. Certification requirements to be an instructor in a school.

§30-27-17. Salon license requirements.

§30-27-17a. Mobile shops.

§30-27-18. Salon management requirements.

§30-27-19. Booth or chair rental registration requirements.

§30-27-20. Complaints; investigations; due process procedure; grounds for disciplinary action.

§30-27-21. Procedures for hearing; right of appeal.

§30-27-22. Judicial review.

§30-27-23. Criminal proceedings; penalties.

§30-27-24. Single act evidence of practice.

CHAPTER 30, ARTICLE 28. WEST VIRGINIA OCCUPATIONAL THERAPY PRACTICE ACT.

§30-28-1. Short title.

§30-28-2. Applicable law.

§30-28-3. Definitions.

§30-28-4. Scope of practice; license and supervision requirements.

§30-28-4a. West Virginia Board of Occupational Therapy criminal history record checks.

§30-28-5. West Virginia Board of Occupational Therapy.

§30-28-6. Powers and duties of the board.

§30-28-7. Rulemaking.

§30-28-8. Fees; special revenue account; administrative fines.

§30-28-8a. Special volunteer occupational therapist license; civil immunity for voluntary services rendered to indigents.

§30-28-9. Persons and practices not affected.

§30-28-10. Qualifications of applicants for license.

§30-28-11. Examination.

§30-28-12. Licensees from other jurisdictions; internationally educated applicants.

§30-28-13. Issuance of a license, limited permit and temporary license.

§30-28-14. Renewal of license; renewal of lapsed license; suspension, revocation and refusal to renew; reinstatement of revoked license.

§30-28-15. Special volunteer occupational therapist license; civil immunity for voluntary services rendered to indigents.

§30-28-16. Complaints; investigations; due process procedure; grounds for disciplinary action.

§30-28-17. Procedures for hearing; right of appeal.

§30-28-18. Judicial review.

§30-28-19. Criminal proceedings; penalties.

§30-28-20. Single act evidence of practice.

§30-28-21. Effective dates of certain provisions.

CHAPTER 30, ARTICLE 28A. WEST VIRGINIA OCCUPATIONAL THERAPY COMPACT.

§30-28A-1. Purpose.

§30-28A-2. Definitions.

§30-28A-3. State participation in the compact.

§30-28A-4. Compact privilege.

§30-28A-5. Obtaining a new home state license by virtue of compact privilege.

§30-28A-6. Active-duty military personnel or their spouses.

§30-28A-7. Adverse actions.

§30-28A-8. Establishment of the Occupational Therapy Compact Commission.

§30-28A-9. Data system.

§30-28A-10. Rulemaking.

§30-28A-11. Oversight, dispute resolution, and enforcement.

§30-28A-12. Date of implementation of the interstate commission for occupational therapy practice and associated rules, withdrawal, and amendment.

§30-28A-13. Construction and severability.

§30-28A-14. Binding effect of compact and other laws.

CHAPTER 30, ARTICLE 29. LAW-ENFORCEMENT TRAINING AND CERTIFICATION.

§30-29-1. Definitions.

§30-29-2. Law-enforcement professional standards subcommittee.

§30-29-3. Duties of the subcommittee.

§30-29-4. Special revenue account-collections; disbursements; administrative expenses.

§30-29-5. Certification requirements and power to decertify or reinstate.

§30-29-5a. Criminal justice training regarding individuals with autism spectrum disorders; Alzheimer's and dementia.

§30-29-6. Review of certification.

§30-29-7. Compliance.

§30-29-8. Compensation for employees attending law-enforcement training academy; limitations; agreements to reimburse employers for wages and expenses of employees trained but not continuing employment.

§30-29-9. Special railroad police permitted to attend law-enforcement training academies.

§30-29-10. Prohibition of racial profiling.

§30-29-11. Certified law-enforcement officers who are separated from their employment.

§30-29-12. Law-enforcement officers to receive identification and certification to carry weapons off duty.

§30-29-13. Chief executive requirements.

§30-29-14. Minimum standards for hiring of pre-certified law-enforcement officers; disqualification for entry into basic law-enforcement academy or from certification; direct supervision of uncertified officers; maintenance and transfer of records; applicability; limitation on disclosure of records.

CHAPTER 30, ARTICLE 29A. STANDARDS FOR PROFESSIONAL FIRE FIGHTERS TRAINING; REGISTERED APPRENTICESHIP AND CERTIFICATION.

§30-29A-1. Repealed.Acts, 2002 Reg. Sess., Ch. 147.

§30-29A-2. Repealed.Acts, 2002 Reg. Sess., Ch. 147.

§30-29A-3. Repealed.Acts, 2002 Reg. Sess., Ch. 147.

§30-29A-4. Repealed.Acts, 2002 Reg. Sess., Ch. 147.

§30-29A-5. Repealed.Acts, 2002 Reg. Sess., Ch. 147.

§30-29A-6. Repealed.Acts, 2002 Reg. Sess., Ch. 147.

§30-29A-7. Repealed.Acts, 2002 Reg. Sess., Ch. 147.

CHAPTER 30, ARTICLE 30. SOCIAL WORKERS.

§30-30-1. Unlawful acts.

§30-30-2. General provisions.

§30-30-3. Definitions.

§30-30-4. Board of Social Work.

§30-30-5. Powers and duties of the board.

§30-30-6. Rulemaking.

§30-30-7. Fees; special revenue account; administrative fines.

§30-30-8. License to practice as an independent clinical social worker.

§30-30-8a. Repealed. Acts, 2011 Reg. Sess., Ch. 156.

§30-30-9. Scope of practice for an independent clinical social worker.

§30-30-10. License to practice as a certified social worker.

§30-30-11. Scope of practice for a licensed certified social worker.

§30-30-12. License to practice as a licensed graduate social worker.

§30-30-13. Scope of practice for a licensed graduate social worker.

§30-30-14. License to practice as a social worker.

§30-30-15. Scope of Practice for a Social Worker.

§30-30-16. Provisional license to practice as a social worker.

§30-30-17. Scope of practice for a provisionally licensed social worker.

§30-30-18. Exemptions from this article.

§30-30-19. Renewal of license.

§30-30-20. Delinquent and expired license requirements.

§30-30-21. Inactive license requirements.

§30-30-22. Temporary permit to practice social work.

§30-30-23. Display of license.

§30-30-24. Privileged communications.

§30-30-25. Actions to enjoin violations.

§30-30-26. Complaints; investigations; due process procedure; grounds for disciplinary action.

§30-30-27. Procedures for hearing; right of appeal.

§30-30-28. Judicial review.

§30-30-29. Criminal proceedings; penalties.

§30-30-30. Registration as a Bureau for Children and Families service worker.

CHAPTER 30, ARTICLE 31. LICENSED PROFESSIONAL COUNSELORS.

§30-31-1. License required.

§30-31-2. Applicable law.

§30-31-3. Definitions.

§30-31-4. Board of Examiners in Counseling.

§30-31-5. Powers and duties of the board.

§30-31-6. Rulemaking.

§30-31-7. Fees; special revenue account.

§30-31-7a. Repealed. Acts, 2009 Reg. Sess., Ch. 177.

§30-31-8. Requirements for license to practice counseling.

§30-31-9. Requirements for a license to practice marriage and family therapy.

§30-31-10. Renewal requirements.

§30-31-11. Persons exempted from licensure.

§30-31-12. Complaints; investigations; due process procedure; grounds for disciplinary action.

§30-31-13. Procedures for hearing; right of appeal.

§30-31-14. Judicial review.

§30-31-15. Criminal proceedings; penalties.

§30-31-16. Disclosure.

§30-31-17. Single act evidence of practice.

CHAPTER 30, ARTICLE 31A. LICENSED PROFESSIONAL COUNSELING COMPACT.

§30-31A-1. Purpose.

§30-31A-2. Definitions.

§30-31A-3. State participation in the compact.

§30-31A-4. Privilege to practice.

§30-31A-5. Obtaining a new home state license based on a privilege to practice.

§30-31A-6. Active-duty military personnel or their spouses.

§30-31A-7. Compact privilege to practice telehealth.

§30-31A-8. Adverse actions.

§30-31A-9. Establishment of counseling compact commission.

§30-31A-10. Data System.

§30-31A-11. Rulemaking.

§30-31A-12. Oversight, dispute resolution, and enforcement.

§30-31A-13. Date of implementation of the counseling compact commission and associated rules, withdrawal, and amendment.

§30-31A-14. Construction and severability.

§30-31A-15. Binding effect of compact and other laws.

CHAPTER 30, ARTICLE 32. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS.

§30-32-1. Unlawful acts; criminal penalties.

§30-32-2. Exemptions.

§30-32-3. General provisions.

§30-32-4. Definitions.

§30-32-5. Board of Examiners for Speech-Language Pathology and Audiology.

§30-32-6. Powers and duties of the board.

§30-32-7. Rulemaking.

§30-32-8. Funds.

§30-32-9. Qualifications for licensure as a speech-language pathologist.

§30-32-10. Qualifications for licensure as an audiologist.

§30-32-10a. Application for licensure; qualification for licensure; examination.

§30-32-11. Provisional licenses.

§30-32-11a. Criminal history record checks.

§30-32-12. Waiver of requirements; practice pending disposition of application.

§30-32-13. Scope of practice for speech-language pathology.

§30-32-14. Scope of practice for audiology.

§30-32-15. Speech-language pathology and audiology assistants; supervision requirements.

§30-32-16. Telepractice services.

§30-32-17. Renewal of license or registration; renewal of lapsed license or registration; suspension, revocation and refusal to renew; reinstatement of revoked license or registration.

§30-32-18. Actions to enjoin violations.

§30-32-19. Complaints; investigations; due process procedure; grounds for disciplinary action.

§30-32-20. Procedures for hearing; right of appeal.

§30-32-21. Judicial review.

§30-32-22. Single act evidence of practice.

§30-32-23. Required update of review of Legislative Auditor.

CHAPTER 30, ARTICLE 32A. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS COMPACT.

§30-32A-1. Purpose.

§30-32A-2. Definitions.

§30-32A-3. State participation in the compact.

§30-32A-4. Compact privilege.

§30-32A-5. Compact privilege to practice telehealth.

§30-32A-6. Active duty military personnel or their spouses.

§30-32A-7. Adverse actions.

§30-32A-8. Establishment of the Audiology and Speech-Language Pathology Compact Commission.

§30-32A-9. Data system.

§30-32A-10. Rulemaking.

§30-32A-11. Dispute resolution and enforcement.

§30-32A-12. Date of implementation of the interstate commission for audiology and speech-language pathology practice and associated rules, withdrawal, and amendment.

§30-32A-13. Construction and severability.

§30-32A-14. Binding effect of compact and other laws.

CHAPTER 30, ARTICLE 33. TATTOO STUDIO BUSINESS.

§30-33-1. Repealed.Acts, 2001 Reg. Sess., Ch. 291.

§30-33-2. Repealed.Acts, 2001 Reg. Sess., Ch. 291.

§30-33-3. Repealed.Acts, 2001 Reg. Sess., Ch. 291.

§30-33-4. Repealed.Acts, 2001 Reg. Sess., Ch. 291.

§30-33-5. Repealed.Acts, 2001 Reg. Sess., Ch. 291.

§30-33-6. Repealed.Acts, 2001 Reg. Sess., Ch. 291.

§30-33-7. Repealed.Acts, 2001 Reg. Sess., Ch. 291.

CHAPTER 30, ARTICLE 34. BOARD OF RESPIRATORY CARE PRACTITIONERS.

§30-34-1. License required to practice.

§30-34-2. Definitions.

§30-34-3. Board of respiratory care.

§30-34-4. Organization and meetings of board; quorum; expenses.

§30-34-5. Board responsibilities.

§30-34-6. Powers of the board; fund.

§30-34-6a. Rulemaking authority.

§30-34-7. Issuance of license; renewal of license; renewal fee; display of license.

§30-34-8. Criteria for licensure.

§30-34-9. Temporary student permits.

§30-34-10. Prohibitions and penalties.

§30-34-11. Examination requirement; termination of temporary licenses.

§30-34-12. Professional identification.

§30-34-13. Disciplinary criteria.

§30-34-14. Due process procedure.

§30-34-15. Exceptions.

§30-34-16. Practice of medicine prohibited.

§30-34-17. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 30, ARTICLE 35. BOARD OF DIETITIANS.

§30-35-1. License to practice.

§30-35-2. Definitions.

§30-35-2a. Scope of practice.

§30-35-3. Board of licensed dietitians.

§30-35-4. Powers and duties of board.

§30-35-5. Fees; special revenue account; expenditures and transfers.

§30-35-6. Provisional permits; renewals; fees.

§30-35-7. Qualifications; licensure; examinations; waivers and fees.

§30-35-8. Renewal of licenses; reinstatement; fees; penalties; inactive lists.

§30-35-9. Contents of license or provisional permit.

§30-35-10. Denial, revocation or suspension of license; grounds for discipline.

§30-35-11. Procedures for hearing.

§30-35-12. Judicial review.

§30-35-13. Actions to enjoin violations.

§30-35-14. Prohibitions and penalties.

§30-35-15. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 30, ARTICLE 36. ACUPUNCTURISTS.

§30-36-1. License required to practice.

§30-36-2. Definitions.

§30-36-3. Board established.

§30-36-4. Board membership.

§30-36-5. Officers.

§30-36-6. Quorum; meetings; reimbursement; staff.

§30-36-7. Rule-making authority; miscellaneous powers and duties.

§30-36-8. Acupuncture board fund; fees; expenses; disposition of funds.

§30-36-9. License or certificate required; exemptions.

§30-36-10. Qualifications of applicants for licensure; and qualifications for certificate holders.

§30-36-11. Applications for license.

§30-36-12. Issuance of license.

§30-36-13. Scope of license.

§30-36-14. Term and renewal of licenses and certificates; restrictions; and advertisements.

§30-36-15. Reciprocal licensure of acupuncturists from other states or countries.

§30-36-16. Inactive status; reinstatement of expired license.

§30-36-17. Surrender of license by licensee or certificate by certificate holder.

§30-36-18. Reprimands, probations, suspensions and revocations; grounds.

§30-36-19. Due process procedure.

§30-36-20. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 30, ARTICLE 37. MASSAGE THERAPISTS.

§30-37-1. License required to practice.

§30-37-2. Definitions.

§30-37-3. Board established; membership; terms.

§30-37-4. Quorum meetings; officers; reimbursement; staff.

§30-37-5. Massage therapy board fund; fees; expenses; disposition of funds.

§30-37-6. Duties of board; authorization to propose rules and fees.

§30-37-7. Requirements for licensure; renewal of licenses; reinstatement; penalties.

§30-37-8. Enforcement.

§30-37-9. Hearing for revocation, suspension, other discipline, nonrenewal of license.

§30-37-10. Prohibitions and penalties.

§30-37-11. Exemptions.

§30-37-12. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§30-37-13. Massage establishment license required; exemptions; renewals; suspension and revocation; and emergency rule-making authority.

§30-37-14. Emergency orders for establishment violations; penalty for continued violation.

CHAPTER 30, ARTICLE 38. THE REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT.

§30-38-1. Real estate appraiser license required; exceptions.

§30-38-2. Short title.

§30-38-3. Definitions.

§30-38-4. Classifications of licensure and certification; authority of appraisers; classification and license or certificate number required on all documents; corporations.

§30-38-5. Reciprocal credentialing.

§30-38-6. Board created; appointments, qualifications, terms, oath, removal of members; quorum; meetings; disqualification from participation; compensation; records; employing staff.

§30-38-7. General powers and duties.

§30-38-8. Board fund; disposition of funds.

§30-38-9. Rulemaking.

§30-38-10. Civil liability for board members; liability limitations of professionals reporting to board; disqualification of board members from disciplinary proceedings or actions.

§30-38-11. Applications for license or certification; renewals.

§30-38-12. Refusal to issue or renew license or certification; suspension or revocation; grounds for disciplinary action.

§30-38-13. Disciplinary proceedings.

§30-38-14. Hearings; orders; entry of order without notice and hearing; judicial review; appeals to Supreme Court of Appeals.

§30-38-15. Penalties.

§30-38-16. Collection of appraisal fees.

§30-38-17. Standards of professional appraisal practice.

§30-38-18. Attorney general opinions and duties.

§30-38-19. Temporary permit.

CHAPTER 30, ARTICLE 38A. APPRAISAL MANAGEMENT COMPANIES REGISTRATION ACT.

§30-38A-1. Unlawful acts.

§30-38A-2. Applicable law.

§30-38A-3. Definitions.

§30-38A-4. Registration requirements.

§30-38A-5. Exemptions.

§30-38A-6. Written application requirements.

§30-38A-7. Certification requirements.

§30-38A-8. Background check requirements.

§30-38A-9. Surety bond requirements and claims.

§30-38A-10. Fee requirements.

§30-38A-11. Controlling person requirements.

§30-38A-12. Requirements for removal from an appraiser panel.

§30-38A-13. Duties of appraisal management companies.

§30-38A-14. Unprofessional conduct.

§30-38A-15. Prohibited acts.

§30-38A-16. Disciplinary action.

§30-38A-17. Notice and hearing procedures.

CHAPTER 30, ARTICLE 38B. UNFAIR REAL ESTATE SERVICES AGREEMENTS ACT.

§30-38B-1. Short title.

§30-38B-2. Definitions.

§30-38B-3. Enforceability.

§30-38B-4. Deceptive act.

§30-38B-5. Recording prohibited; notice.

§30-38B-6. Petition to circuit court; recording of court order; costs and attorney’s fees.

§30-38B-7. Right of recovery.

§30-38B-8. Relationship to other laws.

CHAPTER 30, ARTICLE 39. UNIFORM ATHLETE AGENTS ACT.

§30-39-1. Short title.

§30-39-2. Definitions.

§30-39-3. Service of process; subpoenas.

§30-39-4. Athlete agents: registration required; void contracts.

§30-39-5. Registration as athlete agent; form; requirements.

§30-39-6. Certificate of registration; issuance or denial; renewal.

§30-39-7. Suspension, revocation, or refusal to renew registration.

§30-39-8. Temporary registration.

§30-39-9. Registration and renewal fees.

§30-39-10. Required form of contract.

§30-39-11. Notice to educational institution.

§30-39-12. Student-athlete's right to cancel.

§30-39-13. Required records.

§30-39-14. Prohibited conduct.

§30-39-15. Criminal penalties.

§30-39-16. Civil remedies.

§30-39-17. Administrative penalty.

§30-39-18. Uniformity of application and construction.

§30-39-19. Electronic signatures in global and national commerce act.

§30-39-20. Severability.

§30-39-21. Effective date.

CHAPTER 30, ARTICLE 40. WEST VIRGINIA REAL ESTATE LICENSE ACT.

§30-40-1. Legislative findings.

§30-40-2. Short title.

§30-40-3. License required.

§30-40-4. Definitions.

§30-40-5. Scope of practice; exceptions.

§30-40-6. Commission created; membership; appointment and removal of members; qualifications; terms; organization.

§30-40-7. General powers and duties.

§30-40-8. Rule-making authority.

§30-40-9. Fees; special revenue account; administrative fines.

§30-40-10. Civil liability for commission members; liability limitations of person reporting to commission.

§30-40-11. Application for license.

§30-40-12. Qualifications for broker's license.

§30-40-13. Qualifications for salesperson’s license.

§30-40-14. Prelicense education.

§30-40-15. Licensing based on licensure in another jurisdiction.

§30-40-16. Continuing professional education.

§30-40-17. Place of business; branch offices; display of certificates; custody of license certificates; change of address; change of employer by a salesperson or associate broker; license certificates; term of license.

§30-40-18. Trust fund accounts.

§30-40-19. Refusal, suspension, or revocation of a license.

§30-40-20. Complaints; investigation.

§30-40-21. Hearings; judicial review; cost of proceedings.

§30-40-22. Criminal penalties for violations.

§30-40-23. Single act evidence of practice.

§30-40-24. Injunctions; criminal proceedings.

§30-40-25. Collection of compensation.

§30-40-26. Duties of licensees.

§30-40-27. Duration of existing licenses.

§30-40-28. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 30, ARTICLE 41. PHYSICAL THERAPY LICENSURE COMPACT ACT.

§30-41-1. Short title.

§30-41-2. Authority to execute compact.

§30-41-3. Effective date.

CHAPTER 30, ARTICLE 42. WEST VIRGINIA CONTRACTOR LICENSING ACT.

§30-42-1. Short title.

§30-42-2. Policy declared.

§30-42-3. Definitions.

§30-42-4. West Virginia Contractor Licensing Board created; members; appointment; terms; vacancies; qualifications; quorum.

§30-42-5. Administrative duties and powers of the board; rules.

§30-42-6. Necessity for license; exemptions.

§30-42-7. Application for and issuance of license.

§30-42-8. Licenses; expiration date; fees; renewal.

§30-42-9. Unlawful use, assignment, transfer of license; revocation.

§30-42-10. Prerequisites to obtaining building permit; mandatory written contracts.

§30-42-11. Informational list for basic universal design features.

§30-42-12. Notice included with invitations to bid and specifications.

§30-42-13. License renewal, lapse, and reinstatement.

§30-42-14. Violation of article; injunction; criminal penalties.

§30-42-15. Disciplinary powers of the board.

§30-42-16. Rules.

§30-42-17. Record keeping.

§30-42-18. Reciprocity.

§30-42-19. Board authorized to provide training.

§30-42-20. Nonapplicability of local ordinances; exclusive license.

CHAPTER 30, ARTICLE 43. TACTICAL MEDICAL PROFESSIONALS.

§30-43-1. Definitions.

30-43-2. Tactical medical professional may carry firearm.

§30-43-3. Tactical medical professional protection from civil or criminal liability.

CHAPTER 31. CORPORATIONS.

CHAPTER 31, ARTICLE 1. BUSINESS AND NONPROFIT CORPORATIONS.

§31-1-1. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-2. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-3. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-4. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-5. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-6. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-7. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-8. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-9. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-10. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-11. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-12. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-13. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-14. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-15. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-16. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-17. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-18. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-19. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-20. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-21. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-22. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-23. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-24. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-25. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-26. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-27. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-28. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-29. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-30. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-31. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-32. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-33. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-34. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-35. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-36. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-37. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-38. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-39. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-40. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-41. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-42. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-43. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-44. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-45. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-46. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-47. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-48. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-49. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-50. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-51. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-52. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-53. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-54. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-55. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-56. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-57. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-58. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-59. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-60. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-61. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-62. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-63. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-64. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-65. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-66. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-67. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-68. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-69. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-70. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-71. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-72. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-73. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-74. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-75. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-76. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-77. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-78. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-79. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-80. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-81. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-82. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-83. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-84. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-85. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-86. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-87. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-88. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-89. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-90. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-91. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-92. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-93. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-94. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-95. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-96. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-97. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-98. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-99. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-100. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-101. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-102. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-103. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-104. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-105. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-106. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-107. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-108. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-109. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-110. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-111. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-112. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-113. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-114. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-115. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-116. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-117. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-118. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-119. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-120. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-121. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-122. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-123. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-124. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-125. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-126. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-127. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-128. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-129. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-130. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-131. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-132. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-133. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-134. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-135. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-136. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-137. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-138. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-139. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-140. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-141. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-142. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-143. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-144. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-145. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-146. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-147. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-148. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-149. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-150. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-151. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-152. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-153. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-154. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-155. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-156. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-157. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-158. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-159. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

§31-1-160. Repealed. Acts, 2002 Reg. Sess., Ch. 25.

CHAPTER 31, ARTICLE 1A. LIMITED LIABILITY COMPANIES.

§31-1A-1. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-2. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-3. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-4. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-5. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-6. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-7. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-8. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-9. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-10. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-11. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-12. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-13. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-14. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-15. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-16. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-17. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-18. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-19. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-20. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-21. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-22. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-23. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-24. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-25. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-26. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-27. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-28. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-29. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-30. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-31. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-32. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-33. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-34. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-35. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-36. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-37. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-38. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-39. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-40. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-41. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-42. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-43. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-44. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-45. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-46. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-47. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-48. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-49. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-50. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-51. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-52. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-53. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-54. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-55. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-56. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-57. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-58. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-59. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-60. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-61. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-62. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-63. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-64. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-65. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-66. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-67. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-68. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

§31-1A-69. Repealed. Acts, 1996 Reg. Sess., Ch. 256.

CHAPTER 31, ARTICLE 2. RAILROAD COMPANIES.

§31-2-1. Railroad companies to be common carriers; general powers.

§31-2-2. Right to own and dispose of property.

§31-2-3. Right to produce electricity for own uses.

§31-2-4. Right to dispose of surplus electricity, power, etc.

§31-2-5. Buying, selling or transporting coal and coke.

§31-2-6. Charter to show principal cities and towns to be served by railroad.

§31-2-7. Filing map of railroad.

§31-2-8. Warning of approach of train at crossings; crossing railroad tracks.

§31-2-9. Signboards or warning notices at crossings.

§31-2-10. Watering troughs for livestock.

§31-2-11. Consolidation of railroad properties.

§31-2-12. Passing into other states.

§31-2-13. Enumerated powers.

§31-2-14. Foreclosure or judicial sale of railroad company.

§31-2-15. Same -- Rights and duties of purchaser.

§31-2-16. Railroad company pesticide use.

§31-2-17. Selling railroad scrap metal.

CHAPTER 31, ARTICLE 2A. RAILROAD CROSSING.

§31-2A-1. Definitions.

§31-2A-2. Blocking of crossing prohibited; time limit.

§31-2A-3. Responsibility of railroad company.

§31-2A-4. Presumption.

§31-2A-5. Service of process.

§31-2A-6. Fines and penalties.

§31-2A-7. Severability.

CHAPTER 31, ARTICLE 2B. ILLUMINATION EQUIPMENT FOR RAILROAD CABOOSES.

§31-2B-1. Legislative findings and purposes.

§31-2B-2. Illumination requirements; time period for implementation; application of requirements.

§31-2B-3. Repair and maintenance; exemption.

§31-2B-4. Runs originating from out of state.

§31-2B-5. Enforcement penalty.

§31-2B-6. No individual responsibility.

CHAPTER 31, ARTICLE 3. BOOM COMPANIES.

§31-3-1. Consent of State to construction of booms.

§31-3-2. Powers of boom company; boomage; lien; sale for tolls; free passage of logs.

§31-3-3. Injuries to property of boom company.

§31-3-4. Measurement of timber in boom.

§31-3-5. Removal of timber lodging on lands; damages; taking or carrying away without authority.

§31-3-6. Obstruction of use of stream to drive logs into boom.

§31-3-7. Liability of boom company for timber within boom.

§31-3-8. Meaning of “logs or timber.”

§31-3-9. Injury to mill and other riparian property.

§31-3-10. Filing marks and brands before driving logs.

§31-3-11. Obstruction of public roads or fords.

CHAPTER 31, ARTICLE 4. BANKING INSTITUTIONS.

§31-4-1. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4-2. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4-3. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4-4. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4-5. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4-6. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4-7. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4-8. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4-9. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4-10. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4-11. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4-12. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4-13. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4-14. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4-15. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4-16. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4-17. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4-18. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4-19. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4-20. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

CHAPTER 31, ARTICLE 4A. BANK COLLECTION CODE.

§31-4A-1. Repealed. Acts, 1963 Reg. Sess., Ch. 193.

§31-4A-2. Repealed. Acts, 1963 Reg. Sess., Ch. 193.

§31-4A-3. Repealed. Acts, 1963 Reg. Sess., Ch. 193.

§31-4A-4. Repealed. Acts, 1963 Reg. Sess., Ch. 193.

§31-4A-5. Repealed. Acts, 1963 Reg. Sess., Ch. 193.

§31-4A-6. Repealed. Acts, 1963 Reg. Sess., Ch. 193.

§31-4A-7. Repealed. Acts, 1963 Reg. Sess., Ch. 193.

§31-4A-8. Repealed. Acts, 1963 Reg. Sess., Ch. 193.

§31-4A-9. Repealed. Acts, 1963 Reg. Sess., Ch. 193.

§31-4A-10. Repealed. Acts, 1963 Reg. Sess., Ch. 193.

§31-4A-11. Repealed. Acts, 1963 Reg. Sess., Ch. 193.

§31-4A-12. Repealed. Acts, 1963 Reg. Sess., Ch. 193.

§31-4A-13. Repealed. Acts, 1963 Reg. Sess., Ch. 193.

§31-4A-14. Repealed. Acts, 1963 Reg. Sess., Ch. 193.

§31-4A-15. Repealed. Acts, 1963 Reg. Sess., Ch. 193.

§31-4A-16. Repealed. Acts, 1963 Reg. Sess., Ch. 193.

§31-4A-17. Repealed. Acts, 1963 Reg. Sess., Ch. 193.

CHAPTER 31, ARTICLE 4B. FEDERAL DEPOSIT INSURANCE CORPORATION.

§31-4B-1. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4B-2. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4B-3. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4B-4. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4B-5. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4B-6. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4B-7. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

CHAPTER 31, ARTICLE 4C. NOMINEE REGISTRATION OF FIDUCIARY SECURITIES.

§31-4C-1. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4C-2. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4C-3. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4C-4. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4C-5. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

CHAPTER 31, ARTICLE 4D. UNIFORM ACT FOR SIMPLIFICATION OF FIDUCIARY SECURITY TRANSFERS.

§31-4D-1. Definitions.

§31-4D-2. Registration in name of fiduciary.

§31-4D-3. Transfer pursuant to assignment by fiduciary.

§31-4D-4. Obtaining evidence of appointment or incumbency of fiduciary.

§31-4D-5. Adverse claims.

§31-4D-6. Nonliability of corporation or transfer agent.

§31-4D-7. Nonliability of third persons.

§31-4D-8. Law governing registering or transferring securities; application of article.

§31-4D-9. Tax obligations.

§31-4D-10. Uniformity of interpretation.

§31-4D-11. Short title.

CHAPTER 31, ARTICLE 4E. BANK SERVICE CORPORATIONS AND BANK SERVICES.

§31-4E-1. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4E-2. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4E-3. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4E-4. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-4E-5. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

CHAPTER 31, ARTICLE 5. INDEMNITY COMPANIES.

§31-5-1. Repealed. Acts, 1957 Reg. Sess., Ch. 97.

§31-5-2. Repealed. Acts, 1957 Reg. Sess., Ch. 97.

§31-5-3. Repealed. Acts, 1957 Reg. Sess., Ch. 97.

§31-5-4. Repealed. Acts, 1957 Reg. Sess., Ch. 97.

§31-5-5. Repealed. Acts, 1957 Reg. Sess., Ch. 97.

§31-5-6. Repealed. Acts, 1957 Reg. Sess., Ch. 97.

§31-5-7. Repealed. Acts, 1957 Reg. Sess., Ch. 97.

§31-5-8. Repealed. Acts, 1957 Reg. Sess., Ch. 97.

§31-5-9. Repealed. Acts, 1957 Reg. Sess., Ch. 97.

§31-5-10. Repealed. Acts, 1957 Reg. Sess., Ch. 97.

§31-5-11. Repealed. Acts, 1957 Reg. Sess., Ch. 97.

§31-5-12. Repealed. Acts, 1957 Reg. Sess., Ch. 97.

§31-5-13. Repealed. Acts, 1957 Reg. Sess., Ch. 97.

§31-5-14. Repealed. Acts, 1957 Reg. Sess., Ch. 97.

§31-5-15. Repealed. Acts, 1957 Reg. Sess., Ch. 97.

CHAPTER 31, ARTICLE 6. BUILDING AND LOAN ASSOCIATIONS.

§31-6-1. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-2. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-3. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-4. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-5. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-6. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-7. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-8. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-9. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-10. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-11. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-12. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-13. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-14. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-15. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-16. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-17. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-18. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-19. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-20. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-21. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-22. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-23. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-24. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-25. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-26. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-27. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-28. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-29. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-30. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-31. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-32. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-33. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-34. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-35. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-36. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-37. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-38. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-39. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-40. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-41. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-42. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-43. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

§31-6-44. Repealed. Acts, 1991 Reg. Sess., Ch. 30.

CHAPTER 31, ARTICLE 6A. FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION.

§31-6A-1. Repealed. Acts, 1991 Reg. Sess., Ch. 31.

§31-6A-3. Repealed. Acts, 1991 Reg. Sess., Ch. 31.

§31-6A-3. Repealed. Acts, 1991 Reg. Sess., Ch. 31.

§31-6A-4. Repealed. Acts, 1991 Reg. Sess., Ch. 31.

§31-6A-5. Repealed. Acts, 1991 Reg. Sess., Ch. 31.

§31-6A-6. Repealed. Acts, 1991 Reg. Sess., Ch. 31.

CHAPTER 31, ARTICLE 7. INDUSTRIAL LOAN COMPANIES.

§31-7-1. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

§31-7-2. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

§31-7-3. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

§31-7-4. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

§31-7-5. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

§31-7-6. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

§31-7-7. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

§31-7-8. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

§31-7-9. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

§31-7-10. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

§31-7-11. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

§31-7-12. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

§31-7-13. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

§31-7-14. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

§31-7-15. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

§31-7-16. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

§31-7-17. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

§31-7-18. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

§31-7-19. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

§31-7-20. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

§31-7-21. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

§31-7-22. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

§31-7-23. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

§31-7-24. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

§31-7-25. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

§31-7-26. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

§31-7-27. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

§31-7-28. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

§31-7-29. Repealed. Acts, 1996 Reg. Sess., Ch. 73.

CHAPTER 31, ARTICLE 8. BUSINESS OPERATIONS AND SUPERVISION OF BANKING INSTITUTIONS, INDUSTRIAL LOAN COMPANIES AND BUILDING AND LOAN ASSOCIATIONS.

§31-8-1. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-2. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-3. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-4. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-5. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-6. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-7. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-8. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-9. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-10. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-11. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-12. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-13. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-14. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-15. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-16. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-17. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-18. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-19. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-20. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-21. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-22. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-23. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-24. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-25. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-26. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-27. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-28. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-29. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-30. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-31. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-32. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-33. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-34. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-35. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-36. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-37. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-38. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-39. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-40. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-41. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-42. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-43. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-44. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-45. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

§31-8-46. Repealed. Acts, 1969 Reg. Sess., Ch. 7.

CHAPTER 31, ARTICLE 9. WATER POWER COMPANIES.

§31-9-1. Held unconstitutional.

§31-9-2. Held unconstitutional.

§31-9-3. Held unconstitutional.

§31-9-4. Held unconstitutional.

§31-9-5. Held unconstitutional.

§31-9-6. Held unconstitutional.

§31-9-7. Held unconstitutional.

§31-9-8. Held unconstitutional.

§31-9-9. Held unconstitutional.

§31-9-10. Held unconstitutional.

§31-9-11. Held unconstitutional.

§31-9-12. Held unconstitutional.

§31-9-13. Held unconstitutional.

§31-9-14. Held unconstitutional.

§31-9-15. Held unconstitutional.

§31-9-16. Held unconstitutional.

§31-9-17. Held unconstitutional.

§31-9-18. Held unconstitutional.

CHAPTER 31, ARTICLE 10. CREDIT UNIONS.

§31-10-1. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-2. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-3. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-4. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-5. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-6. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-7. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-8. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-9. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-10. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-11. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-12. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-13. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-14. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-15. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-16. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-17. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-18. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-19. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-20. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-21. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-22. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-23. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-24. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-25. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-26. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-27. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-28. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-29. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-30. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-31. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-32. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-33. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-34. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

§31-10-35. Repealed. Acts, 1996 Reg. Sess., Ch. 98.

CHAPTER 31, ARTICLE 11. THE SAVINGS AND LOAN ASSOCIATION OF THE STATE OF WEST VIRGINIA.

§31-11-1. Repealed. Acts, 1991 Reg. Sess., Ch. 149.

§31-11-2. Repealed. Acts, 1991 Reg. Sess., Ch. 149.

§31-11-3. Repealed. Acts, 1991 Reg. Sess., Ch. 149.

§31-11-4. Repealed. Acts, 1991 Reg. Sess., Ch. 149.

§31-11-5. Repealed. Acts, 1991 Reg. Sess., Ch. 149.

§31-11-6. Repealed. Acts, 1991 Reg. Sess., Ch. 149.

§31-11-7. Repealed. Acts, 1991 Reg. Sess., Ch. 149.

§31-11-8. Repealed. Acts, 1991 Reg. Sess., Ch. 149.

§31-11-9. Repealed. Acts, 1991 Reg. Sess., Ch. 149.

§31-11-10. Repealed. Acts, 1991 Reg. Sess., Ch. 149.

§31-11-11. Repealed. Acts, 1991 Reg. Sess., Ch. 149.

§31-11-12. Repealed. Acts, 1991 Reg. Sess., Ch. 149.

§31-11-13. Repealed. Acts, 1991 Reg. Sess., Ch. 149.

§31-11-14. Repealed. Acts, 1991 Reg. Sess., Ch. 149.

§31-11-15. Repealed. Acts, 1991 Reg. Sess., Ch. 149.

§31-11-16. Repealed. Acts, 1991 Reg. Sess., Ch. 149.

§31-11-17. Repealed. Acts, 1991 Reg. Sess., Ch. 149.

§31-11-18. Repealed. Acts, 1991 Reg. Sess., Ch. 149.

§31-11-19. Repealed. Acts, 1991 Reg. Sess., Ch. 149.

§31-11-20. Repealed. Acts, 1991 Reg. Sess., Ch. 149.

§31-11-21. Repealed. Acts, 1991 Reg. Sess., Ch. 149.

CHAPTER 31, ARTICLE 12. MEMBERSHIP IN FEDERAL SAVINGS AND LOAN ASSOCIATIONS.

§31-12-1. Certain building and loan associations and other institutions may subscribe to shares of federal savings and loan association.

§31-12-2. Powers of federal savings and loan associations in state.

§31-12-3. Powers of state building and loan associations, etc., in relation to federal home loan bank.

§31-12-4. Joint offices, etc., with federal savings and loan association.

§31-12-5. Conversion of state building and loan associations, etc., into federal savings and loan associations; effect.

CHAPTER 31, ARTICLE 13. HOSPITAL SERVICE CORPORATIONS AND MEDICAL SERVICE CORPORATIONS.

§31-13-1. Repealed. Acts, 1957 Reg. Sess., Ch. 97.

§31-13-2. Repealed. Acts, 1957 Reg. Sess., Ch. 97.

§31-13-3. Repealed. Acts, 1957 Reg. Sess., Ch. 97.

§31-13-4. Repealed. Acts, 1957 Reg. Sess., Ch. 97.

§31-13-5. Repealed. Acts, 1957 Reg. Sess., Ch. 97.

§31-13-6. Repealed. Acts, 1957 Reg. Sess., Ch. 97.

§31-13-7. Repealed. Acts, 1957 Reg. Sess., Ch. 97.

§31-13-8. Repealed. Acts, 1957 Reg. Sess., Ch. 97.

§31-13-9. Repealed. Acts, 1957 Reg. Sess., Ch. 97.

§31-13-10. Repealed. Acts, 1957 Reg. Sess., Ch. 97.

§31-13-11. Repealed. Acts, 1957 Reg. Sess., Ch. 97.

§31-13-12. Repealed. Acts, 1957 Reg. Sess., Ch. 97.

§31-13-13. Repealed. Acts, 1957 Reg. Sess., Ch. 97.

CHAPTER 31, ARTICLE 14. WEST VIRGINIA BUSINESS DEVELOPMENT CORPORATIONS.

§31-14-1. Short title; definitions.

§31-14-2. Incorporators; purposes; agreement of incorporation.

§31-14-3. Authorized capital stock; description of shares; consideration for sale of shares.

§31-14-4. Issuance of charter; exemption from license tax.

§31-14-5. Corporate powers.

§31-14-6. Board of directors; officers.

§31-14-7. Financial institutions as members of corporation; loans to corporation by members.

§31-14-8. Powers of stockholders and members; voting.

§31-14-8a. Statewide corporation; economic regions created; loan committees.

§31-14-9. Purchase of securities and stock by other corporations, fiduciaries and financial institutions.

§31-14-10. Creation of surplus from annual net earnings.

§31-14-11. Corporation not to receive deposits; designation of depository bank.

§31-14-12. Examination by and reports to banking commissioner.

§31-14-13. Exemption from payment of business and occupation taxes; treatment as banking institution for purposes of property taxation.

§31-14-14. Amendment of charter.

§31-14-15. Applicability of general corporation law.

§31-14-16. Severability of provisions.

CHAPTER 31, ARTICLE 15. WEST VIRGINIA ECONOMIC DEVELOPMENT AUTHORITY.

§31-15-1. Short title.

§31-15-2. Legislative findings.

§31-15-3. Purposes of article.

§31-15-3a. West Virginia industry and jobs development corporation abolished; establishment of economic development authority as successor to corporation.

§31-15-4. Definitions.

§31-15-5. West Virginia economic development authority; composition; appointment; terms; delegation of authority by chairman; voting; compensation and expenses.

§31-15-6. General powers of authority.

§31-15-6a. Special power of authority to transfer funds; limitations; fund created; use of funds to provide customized job training program by Governor's office of economic and community development.

§31-15-6b. Special power of authority to issue bonds or notes to repay and refinance capital investment of Investment Management Board in Regional Jail and Correctional Facility Authority; authorizing issuance of bonds to finance regional jail facilities, correctional facilities, juvenile facilities and state police facilities.

§31-15-6c. Neighborhood Housing and Economic Development Stabilization Program; authority to contract with Housing Development Fund; funding.

§31-15-7. Loans to industrial development agencies or enterprises for projects.

§31-15-7a. Repealed. Acts, 1989 Reg. Sess., Ch. 54.

§31-15-7b. Repealed. Acts, 1989 Reg. Sess., Ch. 54.

§31-15-7c. Repealed. Acts, 1989 Reg. Sess., Ch. 54.

§31-15-7d. Repealed. Acts, 1989 Reg. Sess., Ch. 54.

§31-15-7e. Repealed. Acts, 1989 Reg. Sess., Ch. 54.

§31-15-7f. Repealed. Acts, 1989 Reg. Sess., Ch. 54.

§31-15-7g. Repealed. Acts, 1989 Reg. Sess., Ch. 54.

§31-15-7h. Repealed. Acts, 1989 Reg. Sess., Ch. 54.

§31-15-7i. Repealed. Acts, 1989 Reg. Sess., Ch. 54.

§31-15-7j. Repealed. Acts, 1989 Reg. Sess., Ch. 54.

§31-15-7k. Repealed. Acts, 1989 Reg. Sess., Ch. 54.

§31-15-7l. Repealed. Acts, 1989 Reg. Sess., Ch. 54.

§31-15-7m. Repealed. Acts, 1989 Reg. Sess., Ch. 54.

§31-15-7n. Repealed. Acts, 1989 Reg. Sess., Ch. 54.

§31-15-7o. Repealed. Acts, 1989 Reg. Sess., Ch. 54.

§31-15-7p. Repealed. Acts, 1989 Reg. Sess., Ch. 54.

§31-15-7q. Repealed. Acts, 1989 Reg. Sess., Ch. 54.

§31-15-7r. Repealed. Acts, 1989 Reg. Sess., Ch. 54.

§31-15-8. Insurance fund.

§31-15-8a. Broadband Loan Insurance Program; requirements.

§31-15-8b. Facilitation of the State Parks Enhancement Loan Insurance Program.

§31-15-9. Bonds and notes issued pursuant to this article.

§31-15-10. Approval by authority.

§31-15-11. Trustee for bondholders; contents of trust agreement; pledge or assignment of revenues.

§31-15-12. Use of funds by authority; restrictions thereon relating to projects.

§31-15-12a. Horseshoe pitcher’s hall of fame.

§31-15-12b. Loans to support tourism.

§31-15-13. Refunding bonds or notes.

§31-15-14. Obligations of authority undertaken pursuant to this article not debt of state, county, municipality or any political subdivision.

§31-15-15. Negotiability of bonds and notes issued pursuant to this article.

§31-15-16. Bonds and notes issued pursuant to this article; legal investments.

§31-15-16a. Bonds for capital improvements at institutions of higher education, state parks, the State Capitol complex, other state facilities or tourism sites; limitations; authority to issue revenue bonds; use of funds to pay for projects.

§31-15-16b. Lottery revenue bonds for Cacapon Resort State Park and Beech Fork State Park.

§31-15-16c. Bonds for county capital improvements; limitations; authority to issue revenue bonds; use of funds to pay for projects.

§31-15-16d. Lottery revenue bonds for state park projects.

§31-15-17. Exemption from taxation.

§31-15-18. Personal liability; persons executing bonds or notes issued pursuant to this article.

§31-15-19. Cumulative authority as to powers conferred; applicability of other statutes and charters; bonds and notes issued pursuant to this article.

§31-15-20. Authority of the Board of Investments.

§31-15-21. Loan and insurance application requirements.

§31-15-22. Documentary materials concerning trade secrets; commercial or financial information; or confidentiality.

§31-15-23. Economic development fund.

§31-15-23a. Economic Development Project Fund.

§31-15-24. Transfer of state property to the authority.

§31-15-25. Validity of any pledge, mortgage, deed of trust or security instrument.

§31-15-26. Money of the authority.

§31-15-27. Conflict of interest; when contracts void.

§31-15-28. Agreement with federal agencies not to alter or limit powers of authority.

§31-15-29. Audits.

§31-15-30. Projects not to be considered public improvements.

§31-15-31. Foreign trade zones; authority approval.

§31-15-32. Severability.

§31-15-33. Construction.

CHAPTER 31, ARTICLE 15A. WEST VIRGINIA INFRASTRUCTURE AND JOBS DEVELOPMENT COUNCIL.

§31-15A-1. Short title.

§31-15A-2. Definitions.

§31-15A-3. West Virginia Infrastructure and Jobs Development Council continued; members of council; staff of council.

§31-15A-4. Development of guidelines and preliminary application for funding assistance.

§31-15A-5. Requirements for project funding assistance; review of project preliminary applications by council.

§31-15A-6. Powers, duties and responsibilities of the council generally; comprehensive assessment.

§31-15A-7. Current and prospective planning; roads and highways; report to Division of Highways.

§31-15A-8. Exemption of certain emergency projects from certificate of public convenience and necessity requirements; review of certain emergency projects by Public Service Commission; and exemption for North Fork Hughes River watershed project.

§31-15A-9. Infrastructure fund; deposits in fund; disbursements to provide loans, loan guarantees, grants and other assistance; loans, loan guarantees, grants and other assistance shall be subject to assistance agreements; West Virginia Infrastructure Lottery Revenue Debt Service Fund; use of funds for projects.

§31-15A-10. Recommendations by council for expenditures of funds by loan, grant, or for engineering assistance.

§31-15A-11. Reservation of funds for projects and infrastructure projects.

§31-15A-12. Additional powers of water development authority.

§31-15A-13. Prohibition on funds inuring to the benefit of or being distributable to water development board; transactions between the water development board and officers having certain interests in such transactions.

§31-15A-14. Termination or dissolution.

§31-15A-15. Projects not to be considered public improvements; competitive bid requirements.

§31-15A-16. Dedication of severance tax proceeds.

§31-15A-17. Water development authority empowered to issue infrastructure revenue bonds and refunding bonds; creation of infrastructure revenue debt service fund; funding of infrastructure revenue debt service fund; requirements and manner of such issuance.

§31-15A-17a. Infrastructure revenue bonds payable from A. James Manchin Fund.

§31-15A-17b. Infrastructure lottery revenue bonds for watershed compliance projects.

§31-15A-17c. Critical Needs and Failing Systems Sub Account.

§31-15A-18. Trustee for holders of infrastructure revenue bonds; contents of trust agreement.

§31-15A-19. Legal remedies of infrastructure revenue bondholders or noteholders and trustees.

§31-15A-20. Infrastructure revenue bonds lawful investments.

§31-15A-21. Purchase and cancellation of infrastructure revenue bonds.

§31-15A-22. Refunding revenue bonds.

§31-15A-23. Infrastructure revenue bonds not debt of state, county, municipality or any political subdivision.

§31-15A-24. Infrastructure revenue bonds exempt from taxation.

CHAPTER 31, ARTICLE 15B. INFRASTRUCTURE BONDS.

§31-15B-1. Definitions.

§31-15B-2. Infrastructure general obligation bonds; amount; when may issue.

§31-15B-3. Creation of debt service fund; disbursements to pay debt service on infrastructure general obligation bonds.

§31-15B-4. Infrastructure general obligation debt service fund; sources used to pay bonds and interest; investment of remainder.

§31-15B-5. Covenants of state.

§31-15B-6. Sale by Governor; minimum price.

§31-15B-7. Prohibition on funds inuring to the benefit of or being distributable to directors or officers; transactions between the council and West Virginia water development authority and directors or officers having certain interests in such transactions.

§31-15B-8. Infrastructure bonds lawful investments.

§31-15B-9. Refunding bonds.

§31-15B-10. Termination or dissolution.

§31-15B-11. Treasurer to determine financial advisor.

§31-15B-12. Governor to determine bond counsel.

§31-15B-13. Approval and payment of all necessary expenses.

CHAPTER 31, ARTICLE 15C. BROADBAND DEPLOYMENT.

§31-15C-1 Repealed Acts, 2017 Reg. Sess., Ch. 22.

§31-15C-2 Repealed Acts, 2017 Reg. Sess., Ch. 22.

§31-15C-3 Repealed Acts, 2017 Reg. Sess., Ch. 22.

§31-15C-4 Repealed Acts, 2017 Reg. Sess., Ch. 22.

§31-15C-5 Repealed Acts, 2017 Reg. Sess., Ch. 22.

§31-15C-6 Repealed Acts, 2017 Reg. Sess., Ch. 22.

§31-15C-7 Repealed Acts, 2017 Reg. Sess., Ch. 22.

§31-15C-8 Repealed Acts, 2017 Reg. Sess., Ch. 22.

§31-15C-9 Repealed Acts, 2017 Reg. Sess., Ch. 22.

§31-15C-10. Repealed. Acts, 2015 Reg. Sess., Ch. 41.

§31-15C-11. Repealed. Acts, 2015 Reg. Sess., Ch. 41.

§31-15C-12 Repealed Acts, 2017 Reg. Sess., Ch. 22.

§31-15C-13 Repealed Acts, 2017 Reg. Sess., Ch. 22.

§31-15C-14. Repealed. Acts, 2015 Reg. Sess., Ch. 41.

CHAPTER 31, ARTICLE 16. WEST VIRGINIA STEEL FUTURES PROGRAM.

§31-16-1. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§31-16-2. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§31-16-3. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§31-16-4. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§31-16-5. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 31, ARTICLE 17. WEST VIRGINIA RESIDENTIAL MORTGAGE LENDER, BROKER AND SERVICER ACT.

§31-17-1. Definitions and general provisions.

§31-17-2. License required for lender and broker originator; exemptions.

§31-17-3. Supervision by Commissioner of Financial Institutions; rules and regulations; personnel; participation in the Nationwide Multistate Licensing System and Registry.

§31-17-4. Applications for licenses; requirements; bonds; fees; renewals; waivers and reductions; per loan fee.

§31-17-4a. Information requirements for certain individuals and change in control.

§31-17-5. Refusal or issuance of license.

§31-17-6. Minimum tangible net worth to be maintained; bond to be kept in full force and effect; foreign corporation to remain qualified to do business in this state.

§31-17-7. License not transferable or assignable; license may not be franchised; renewal of license.

§31-17-8. Maximum interest rate on subordinate loans; prepayment rebate; maximum points, fees and charges; overriding of federal limitations; limitations on lien documents; prohibitions on primary and subordinate mortgage loans; civil remedy.

§31-17-9. Disclosure; closing statements; other records required; record-keeping requirements.

§31-17-10. Advertising requirements.

§31-17-11. Records and reports; examination of records; analysis.

§31-17-12. Grounds for suspension or revocation of license; suspension and revocation generally; reinstatement or new license; penalties and fines for violation of this article.

§31-17-13. Notice of refusal, or suspension or revocation, of license; relinquishing license.

§31-17-14. Hearing before commissioner; provisions pertaining to hearing.

§31-17-15. Judicial review.

§31-17-16. Actions to enjoin violations.

§31-17-17. Loans made in violation of this article void; agreements to waive article void.

§31-17-18. Violations and penalties.

§31-17-19. Severability.

§31-17-20. Effective date.

CHAPTER 31, ARTICLE 17A. WEST VIRGINIA SAFE MORTGAGE LICENSING ACT.

§31-17A-1. Purpose.

§31-17A-2. Definitions.

§31-17A-3. License and registration required.

§31-17A-4. State license application and issuance.

§31-17A-5. Issuance of license.

§31-17A-6. Prelicensing and relicensing education of loan originators.

§31-17A-7. Testing of loan originators.

§31-17A-8. Standards for license renewal.

§31-17A-9. Continuing education for mortgage loan originators.

§31-17A-9a. Permitting employees to work from alternate locations.

§31-17A-10. Authority to require license.

§31-17A-11. Nationwide Mortgage Licensing System and Registry information challenge process.

§31-17A-12. Enforcement authorities, violations and penalties.

§31-17A-13. Surety bond required.

§31-17A-14. Confidentiality.

§31-17A-15. Investigation and examination authority.

§31-17A-16. Prohibited acts and practices.

§31-17A-17. Report to mortgage licensing system and registry.

§31-17A-18. Unique identifier shown.

§31-17A-19. Severability.

§31-17A-20. Effective date.

CHAPTER 31, ARTICLE 18. WEST VIRGINIA HOUSING DEVELOPMENT FUND.

§31-18-1. Short title.

§31-18-2. Legislative findings and purpose.

§31-18-3. Definitions.

§31-18-4. Composition; board of directors; appointment, term, etc., of private members; chairman and vice chairman; quorum.

§31-18-5. Management and control of Housing Development Fund vested in board; officers; liability.

§31-18-6. Corporate Powers.

§31-18-6a. Certain loans exempt from laws limiting interest rates or providing forfeitures, etc.

§31-18-7. Notes or bonds as general obligations of Housing Development Fund.

§31-18-8. Notes and bonds as negotiable instruments.

§31-18-9. Borrowing of money.

§31-18-10. Sale of notes or bonds.

§31-18-11. Authorizing resolutions.

§31-18-12. Validity of any pledge, mortgage, deed of trust or security instrument.

§31-18-13. Redemption of notes or bonds.

§31-18-14. Disclaimer of any liability of state of West Virginia.

§31-18-15. Limitation of rights vested in Housing Development Fund by state.

§31-18-16. Default in payment of principal or interest.

§31-18-17. Investment in notes and bonds.

§31-18-18. Tax exemption.

§31-18-19. Operating loan fund.

§31-18-20. Authorized limit on borrowing.

§31-18-20a. Land development fund.

§31-18-20b. Mortgage finance bond insurance fund.

§31-18-20c. Jobs Development Fund.

§31-18-20d. Affordable Housing Fund.

§31-18-21. Prohibition on funds inuring to the benefit of or being distributable to directors, officers or private persons; transactions between the Housing Development Fund and directors or officers having certain interests in such transactions.

§31-18-22. Termination or dissolution.

§31-18-23. Services to the State of West Virginia and its political subdivisions.

§31-18-23a. Bond issues under the Federal Revenue Adjustments Act of 1980.

§31-18-24. Annual audit; reports to Joint Committee on Government and Finance; information to joint committee or legislative auditor.

§31-18-25. Severability clause.

§31-18-26. Projects not to be deemed public improvements.

§31-18-27. Documentary materials concerning trade secrets; commercial, financial, or personal information; confidentiality.

§31-18-28. West Virginia Property Rescue Initiative: findings; technical assistance and revolving loan program for removal of dilapidated housing; reporting required.

§31-18-29. Dissolution of West Virginia Affordable Housing Trust Fund.

CHAPTER 31, ARTICLE 18A. WEST VIRGINIA ENERGY CONSERVATION REVOLVING LOAN FUND.

§31-18A-1. Short title.

§31-18A-2. Legislative findings; declaration of policy and responsibility; purpose and intent of article.

§31-18A-3. Definitions.

§31-18A-4. Administration of revolving loan fund by West Virginia Housing Development Fund.

§31-18A-5. Powers and duties of Housing Development Fund regarding revolving loan fund.

§31-18A-6. Revolving loan fund created; purpose; investment of funds; loan agreements; expenditures.

§31-18A-7. Terms and conditions of loans from revolving loan fund.

§31-18A-8. Prohibition on funds inuring to the benefit of or being distributable to the directors or officers.

§31-18A-9. Termination or dissolution.

§31-18A-10. Annual audit.

§31-18A-11. Severability clause.

CHAPTER 31, ARTICLE 18B. MORTGAGE AND INDUSTRIAL DEVELOPMENT INVESTMENT POOL.

§31-18B-1. Legislative intent.

§31-18B-2. Establishment of state mortgage and industrial development investment pool; investment of workers' compensation funds and other funds in such pool; schedule of moneys invested; authority of state board of investments to invest funds from the pool in short-term investments; reversion of control of state board of investments.

§31-18B-3. Housing development fund to make available state mortgage and industrial development investment pool funds for mortgages on single-family residential units; limitations upon type and size of such mortgages.

§31-18B-4. West Virginia economic development authority to make available state mortgage and industrial development investment pool funds for investment in industrial development; amount of funds available; interest rate specified.

§31-18B-5. Reversion to state Board of Investments of money not used for mortgages.

§31-18B-6. Interest rate charged by housing development fund; other charges; points .

§31-18B-7. Term of mortgage loans; renegotiation after ten years; promulgation of legislative rules.

§31-18B-8. Persons eligible for loans from the state mortgage and industrial development investment pool; Housing Development Fund to have sole discretion in determining who is to receive loans; discrimination prohibited .

§31-18B-9. Housing development fund may contract with private institutions to place and service loans or may itself provide such servicing; increasing interest rate and payment of a portion of interest to cover cost of servicing.

§31-18B-10. Disposition of interest income and repayments of principal.

§31-18B-11. Procedural rules required.

§31-18B-12. Rules of construction and interpretation for prompt implementation of this article.

CHAPTER 31, ARTICLE 18C. VETERANS' MORTGAGE FUND.

§31-18C-1. Short title.

§31-18C-2. Legislative findings; purpose and intent of article.

§31-18C-3. Definitions.

§31-18C-4. Veterans' mortgage fund created; purpose.

§31-18C-5. Money and interests included in the veterans' mortgage fund.

§31-18C-6. Veterans' mortgage bonds; amount; terms of bonds; when may issue.

§31-18C-7. Pledge of credit of state and security for bonds.

§31-18C-8. Legality for investment; tax exemption.

§31-18C-9. Listing by Auditor; agent for registration.

§31-18C-10. Veterans' loan payments used to pay bonds and interest; investment of remainder.

§31-18C-11. Sale by Governor; minimum price.

§31-18C-12. Auditor to be custodian of unsold bonds.

§31-18C-13. Bond counsel and financial advisor.

§31-18C-14. Approval and payment of all necessary expenses.

§31-18C-15. Administration of veterans' mortgage fund program by West Virginia Housing Development Fund.

§31-18C-16. Powers and duties of Housing Development Fund regarding veterans' mortgage fund.

§31-18C-17. Terms and conditions of loans from veterans' mortgage fund.

§31-18C-18. Prohibition of funds inuring to the benefit of or being distributable to the directors or officers.

§31-18C-19. Annual audit.

CHAPTER 31, ARTICLE 18D. WEST VIRGINIA AFFORDABLE HOUSING TRUST FUND.

§31-18D-1 Repealed Acts, 2018 Reg. Sess., Ch. 116.  

§31-18D-2 Repealed Acts, 2018 Reg. Sess., Ch. 116.  

§31-18D-3 Repealed Acts, 2018 Reg. Sess., Ch. 116.  

§31-18D-4 Repealed Acts, 2018 Reg. Sess., Ch. 116.  

§31-18D-5 Repealed Acts, 2018 Reg. Sess., Ch. 116.  

§31-18D-6 Repealed Acts, 2018 Reg. Sess., Ch. 116.  

§31-18D-7 Repealed Acts, 2018 Reg. Sess., Ch. 116.  

§31-18D-8 Repealed Acts, 2018 Reg. Sess., Ch. 116.  

§31-18D-9 Repealed Acts, 2018 Reg. Sess., Ch. 116.  

§31-18D-10 Repealed Acts, 2018 Reg. Sess., Ch. 116.  

§31-18D-11 Repealed Acts, 2018 Reg. Sess., Ch. 116.  

§31-18D-12 Repealed Acts, 2018 Reg. Sess., Ch. 116.  

§31-18D-13 Repealed Acts, 2018 Reg. Sess., Ch. 116.  

§31-18D-14 Repealed Acts, 2018 Reg. Sess., Ch. 116.  

§31-18D-15 Repealed Acts, 2018 Reg. Sess., Ch. 116.  

CHAPTER 31, ARTICLE 18E. WEST VIRGINIA LAND REUSE AGENCY AUTHORIZATION ACT.

§31-18E-1. Short title.

§31-18E-2. Legislative findings.

§31-18E-3. Definitions.

§31-18E-4. Creation and existence.

§31-18E-5. Board of directors of a land reuse agency.

§31-18E-6. Staff of the land reuse agency.

§31-18E-7. Powers of the land reuse agency.

§31-18E-8. Eminent domain.

§31-18E-9. Acquisition of property.

§31-18E-10. Disposition of property.

§31-18E-11. Financing of land reuse agency operations.

§31-18E-12. Borrowing and issuance of bonds.

§31-18E-13. Public records and public access.

§31-18E-14. Dissolution of land reuse agency.

§31-18E-15. Conflicts of interest.

§31-18E-16. Expedited quiet title proceedings.

§31-18E-17. Construction, intent and scope.

§31-18E-18. Annual audit and report.

CHAPTER 31, ARTICLE 18F. THE WEST VIRGINIA VETERANS’ HOME LOAN MORTGAGE PROGRAM OF 2024.

§31-18F-1. Short title.

§31-18F-2. Definitions.

§31-18F-3. Veterans' Home Loan Mortgage Program created.

§31-18F-4. Terms of program.

§31-18F-5. West Virginia Veterans’ Home Loan Mortgage Fund.

§31-18F-6. Rules to be adopted by fund.

CHAPTER 31, ARTICLE 19. WEST VIRGINIA COMMUNITY INFRASTRUCTURE AUTHORITY.

§31-19-1. Short title.

§31-19-2. Legislative findings and purposes.

§31-19-3. Definitions.

§31-19-4. West Virginia Community Infrastructure Authority created; West Virginia Community Infrastructure Board created; organization of Authority and Board; appointment of board members; their term of office, compensation and expenses; duties and responsibilities of director and staff of authority.

§31-19-5. Authority may finance community infrastructure projects; loans to or bond purchases from counties and municipalities shall be subject to terms of loan or bond purchase agreements.

§31-19-6. Powers, duties and responsibilities of the authority generally.

§31-19-7. Authority empowered to issue community infrastructure revenue bonds, renewal notes and refunding bonds; requirements and manner of such issuance.

§31-19-8. Trustee for bondholders; contents of trust agreement.

§31-19-9. Legal remedies of bondholders and trustees.

§31-19-10. Bonds and notes not debt of state, county, or municipality; expenses incurred pursuant to article.

§31-19-11. Use of funds by authority; restrictions thereon.

§31-19-12. Investment of funds by authority.

§31-19-13. Reports by authority to Governor and Legislature.

§31-19-14. Community infrastructure bonds lawful investments.

§31-19-15. Purchase and cancellation of notes or bonds.

§31-19-16. Refunding bonds.

§31-19-17. Exemption from taxation.

§31-19-18. Financial interests in contracts prohibited; penalty.

§31-19-19. Meetings and records of authority to be kept public.

§31-19-20. Liberal construction of article.

§31-19-21. Severability.

CHAPTER 31, ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY.

§31-20-1 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-1a Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-2 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-3 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-4 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-5 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-5a Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-5b Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-5c Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-5d Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-5e Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-5f Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-5g Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-5h Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-6. Repealed. Acts, 2001 Reg. Sess., Ch. 67.

§31-20-7. Repealed. Acts, 2001 Reg. Sess., Ch. 67.

§31-20-8 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-8a Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-9 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-9a Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-10 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-10a Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-10b Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-11 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-12 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-13 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-14 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-15 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-16. Disclaimer of any liability of state of West Virginia.

§31-20-17. Default in payment of principal or interest.

§31-20-18. Investment in notes, security interests and bonds.

§31-20-19. Tax exemption.

§31-20-20 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-21. Validity of any pledge, mortgage, deed of trust or security instrument.

§31-20-22 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-23 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-24 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-25. Repealed. Acts, 2001 Reg. Sess., Ch. 67.

§31-20-26. Legislative oversight committee.

§31-20-27 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-27a Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-28 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-29 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-30 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-30a Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-31 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§31-20-32 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

CHAPTER 31, ARTICLE 21. WEST VIRGINIA LAND STEWARDSHIP CORPORATION.

§31-21-1. Short title.

§31-21-2. Definitions.

§31-21-3. Declaration of policy.

§31-21-4. Purpose of article.

§31-21-5. Creation of the West Virginia Land Stewardship Corporation; powers and limitations.

§31-21-6. Board of directors.

§31-21-7. Voluntary land stewardship program.

§31-21-8. Underwriting.

§31-21-9. State certified sites program.

§31-21-10. Minimum standards for certified sites.

§31-21-11. Land bank program.

§31-21-12. Preserve property value.

§31-21-13. Contaminated property.

§31-21-14. Liberal construction.

§31-21-15. Exemption from taxation.

§31-21-16. Audits and reports.

§31-21-17. Completed purpose.

§31-21-18. Conflicts of interest.

§31-21-19. No waiver of sovereign immunity.

§31-21-20. No obligation of the state.

CHAPTER 31A. BANKS AND BANKING.

CHAPTER 31A, ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.

§31A-1-1. Short title; objects and purposes.

§31A-1-2. Definitions.

§31A-1-3. Application and construction of chapter.

§31A-1-4. Separability; repealer.

§31A-1-5. Lending and investing powers and authority of fiduciaries, financial institutions, governmental entities and other persons.

§31A-1-6. Deposit insurance required for banking and other depository institutions.

CHAPTER 31A, ARTICLE 2. DIVISION OF BANKING.

§31A-2-1. Department of Banking of West Virginia, offices of Commissioner and Deputy Commissioner of Banking continued.

§31A-2-2. Commissioner's appointment, term, qualifications, salary, oath and bond.

§31A-2-3. Deputy commissioner's appointment, tenure, salary, qualifications, oath and bond; exercise of commissioner's powers by deputy.

§31A-2-4. Jurisdiction of commissioner; powers, etc., of division transferred to commissioner; powers and duties of commissioner.

§31A-2-4a. Orders of the commissioner of banking to be made public.

§31A-2-4b. Provision of legal services.

§31A-2-4c. County Clerk to file reports of trustees regarding sales of residential real property pursuant to deeds of trust and forward to the banking commissioner; transfer of powers and duties relating to reports of trustees to the West Virginia Housing Development Fund.

§31A-2-5. Certificate or license to engage in business; filing of amendments to charter, bylaws and foreign statutes.

§31A-2-6. Commissioner's examinations of financial institution; reports; records; communications from commissioner to institution; examination by federal or out-of-state agency in lieu of commissioner's examination.

§31A-2-7. Duties of officers, employees, etc., of financial institution in connection with examination; examination under oath; offenses and penalties.

§31A-2-8. Commissioner's assessments and examination fund; assessments, costs and expenses of examinations; collection.

§31A-2-9. Correction of violations of law, irregularities and unsound practices; disposition of doubtful assets and past-due obligations; stockholders' meetings.

§31A-2-10. Repealed. Acts, 1997 Reg. Sess., Ch. 96.

§31A-2-11. Repealed. Acts, 2005 Reg. Sess., Ch. 31.

§31A-2-12. Commissioner's annual report; contents; affidavit.

§31A-2-12a. Establishment of deposit acquisition limitation.

§31A-2-13. Enforcement of orders of the commissioner against financial institutions.

§31A-2-14. Banking interests of and acceptance of gratuities by officers and employees of department.

§31A-2-15. Repealed. Acts, 1997 Reg. Sess., Ch. 96.

§31A-2-16. Effective date.

CHAPTER 31A, ARTICLE 2A. MAXWELL GOVERNMENTAL ACCESS TO FINANCIAL RECORDS ACT.

§31A-2A-1. Definitions.

§31A-2A-2. Requirements for government access to records.

§31A-2A-3. Written authorization of customer; contents; certification of compliance.

§31A-2A-4. Exceptions.

§31A-2A-5. Subpoena and notice requirements.

§31A-2A-6. Subpoena issued by grand jury.

§31A-2A-7. Penalties.

§31A-2A-8. Statute of limitations; tolling of statute.

§31A-2A-9. Injunctive relief; recovery of attorney fees.

§31A-2A-10. Exclusive remedies.

CHAPTER 31A, ARTICLE 2B. THE SECOND AMENDMENT FINANCIAL PRIVACY ACT.

§31A-2B-1. Short title.

§31A-2B-2. Findings and intent.

§31A-2B-3. Definitions.

§31A-2B-4. Protected financial information.

§31A-2B-5. Written authorization for disclosure.

§31A-2B-6. Additional requirements for subpoenas.

§31A-2B-7. Use of protected financial information for discriminatory purpose.

§31A-2B-8. Civil remedies.

§31A-2B-9. Enforcement; contractual authority of the State.

§31A-2B-10. Scope and Severability.

CHAPTER 31A, ARTICLE 3. BOARD OF BANKING AND FINANCIAL INSTITUTIONS.

§31A-3-1. Board continued; appointment, qualifications, terms, oath, etc., of members; quorum; meetings; when members disqualified from participation; compensation; records; office space; personnel; continuation.

§31A-3-2. General powers and duties.

§31A-3-3. Hearings and orders; entry of order without notice and hearing.

§31A-3-4. Judicial review; appeals to Supreme Court of Appeals.

§31A-3-5. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 31A, ARTICLE 4. BANKING INSTITUTIONS AND SERVICES GENERALLY.

§31A-4-1. General corporation laws applicable; charter applications to be approved by West Virginia Board of Banking and Financial Institutions.

§31A-4-2. Use of terms; unlawfully engaging in banking business; penalties; enforcement.

§31A-4-3. Minimum capital stock; classes of stock; par value; capitalization of surplus.

§31A-4-4. Majority of stock to be paid in full before engaging in business; sale of additional stock; organizational expense fund; affidavit of incorporators; penalties; stockholder preemptive rights.

§31A-4-5. Requirements and procedure for incorporation of state banks.

§31A-4-6. Examination and investigation of proposed bank by board.

§31A-4-7. Time for completion of investigation; notice and hearing; approval or disapproval of application for incorporation; completion of corporate organization.

§31A-4-8. Directors, their qualifications and oaths.

§31A-4-9. Fidelity bonds and insurance.

§31A-4-10. List of stockholders.

§31A-4-10a. Stockholder inspection of books and records.

§31A-4-11. Liability of stockholders.

§31A-4-12. Impairment of capital forbidden; remedies; assessments; sale of stock.

§31A-4-13. Powers of state banking institutions generally.

§31A-4-14. Trust powers of banking institutions.

§31A-4-14a. Transfer of fiduciary accounts or relationships between affiliated subsidiary banks of a bank holding company or affiliated nonbanking entities or entities jointly owned by federally insured depository institutions.

§31A-4-14b. Delegation and fiduciary responsibility.

§31A-4-15. Required annual filings before exercising trust powers; penalties; notice of failure to comply.

§31A-4-16. Trust funds to be kept separate; bookkeeping and management.

§31A-4-17. Oath as fiduciary.

§31A-4-18. Capital as fiduciary security; additional security.

§31A-4-18a. Short-term investments when acting as a fiduciary.

§31A-4-19. Reports.

§31A-4-20. Stockholders' annual meeting; financial statement; appointment, duties and report of outside auditing firm.

§31A-4-21. Federal deposit insurance; membership in federal reserve system.

§31A-4-22. Reserves required of banking institutions; reports; penalties.

§31A-4-23. Borrowing by banking institutions; records thereof; penalties.

§31A-4-24. Capital notes and debentures; retirement; not subject to assessment.

§31A-4-25. Dividends; limitations; penal provisions.

§31A-4-26. Limitation on loans and extensions of credit; limitation on investments; loans to executive officers and directors of banks and employees of the banking department; exceptions; valuation of securities.

§31A-4-27. Loans eligible for federal insurance or guaranty.

§31A-4-28. Investments in obligations secured by mortgages or deeds of trust insured or guaranteed by United States; securities of federal agencies; use of such obligations and securities as collateral, etc.

§31A-4-29. Application of other laws to loans and investments under §§31A-4-27 and 31A-4-28.

§31A-4-30. Charges and interest allowed in certain cases; negotiability of installment notes.

§31A-4-30a. Alternative maximum interest rate on loans by banks chartered under state law.

§31A-4-31. Uniform and continuing depository bonds authorized; review of such bonds; correction of inadequacy; security for federally insured deposits not required.

§31A-4-32. Adverse claims to deposits and property held in safe deposit.

§31A-4-33. Deposits in trust; deposits in more than one name; limitation on liability of institutions making payments from certain accounts; notice requirements; pledges or garnishment of joint accounts; financial institutions duties; multiple-fiduciary accounts; payment of multiple-fiduciary accounts.

§31A-4-33a. Establishment of payable on death accounts; rights of account owners; change of beneficiary to be in writing; rights of beneficiaries; limitation on liability of institutions making payments from such accounts.

§31A-4-34. Payment of deposits to minors.

§31A-4-35. Reproduction of checks and other records; admissibility of copies in evidence; disposition of originals; record production generally.

§31A-4-36. Statement of account to customers; duties of customers; limitations.

§31A-4-37. Sale of machine operations and services.

§31A-4-38. Direct leasing of personal property.

§31A-4-39. Transactions on legal holidays and Sundays.

§31A-4-40. Permissive closing on fixed weekday or portions of weekdays; notice of closings; emergency closings; procedures.

§31A-4-41. Additional authority of board as to limited operations and cessation of business by state banks.

§31A-4-42. Unlawful for persons other than banking institutions to engage in the banking business; penalties.

§31A-4-43. Negotiable order of withdrawal accounts allowed.

§31A-4-44. Employment information.

§31A-4-45. Refusal of banking institutions to open checking accounts for certain individuals convicted of worthless check violations; authorizing criminal background investigation by banking institutions; civil immunity; and confidentiality.

CHAPTER 31A, ARTICLE 4A. CONVERSION OF NATIONAL BANKS TO STATE-CHARTERED BANKS.

§31A-4A-1. Conversion of bank, thrift or credit union into state bank authorized.

§31A-4A-2. Procedure for conversion of national bank into state bank.

§31A-4A-3. Effect of conversion into state bank.

§31A-4A-4. Filing of incorporation or organization.

CHAPTER 31A, ARTICLE 5. BANK SERVICE CORPORATIONS AND BANK SERVICES.

§31A-5-1. Definitions.

§31A-5-2. Authority of state banks to invest in bank service corporations.

§31A-5-3. Extension of bank services to competing banking institutions and associations.

§31A-5-4. Bank service corporation activities limited.

§31A-5-5. Regulation and examination of performance of bank services.

CHAPTER 31A, ARTICLE 6. NOMINEE REGISTRATION OF FIDUCIARY SECURITIES.

§31A-6-1. Procedures for nominee registration of securities.

§31A-6-2. Duties of trust institutions making use of nominee registration.

§31A-6-3. Civil liabilities and criminal penalties.

§31A-6-4. Limitations on liability in transfers and changes of registration.

§31A-6-5. Registration of property to evade taxes prohibited.

CHAPTER 31A, ARTICLE 7. REGULATION OF FAILING FINANCIAL INSTITUTIONS.

§31A-7-1. Purpose; construction.

§31A-7-2. Definitions.

§31A-7-3. Conservatorship; reorganization.

§31A-7-4. Receivership.

§31A-7-5. Provisions applicable to federal deposit insurance corporation only.

§31A-7-6. Borrowing powers of receiver.

§31A-7-7. Reorganization, purchase, merger or consolidation of and by financial institutions; conversion of national bank to state bank; obligations remain effective.

§31A-7-8. Voluntary liquidation by financial institution.

§31A-7-9. Involuntary liquidation of financial institution after revocation of certificate of authority, permit or license.

§31A-7-10. Executory contracts and leases; assumption or rejection; court approval for assignments.

§31A-7-11. General subrogation rights of Federal Deposit Insurance Corporation.

§31A-7-12. Payment of expenses and debts; order of priority; rights of secured creditors.

§31A-7-13. Claims procedure.

§31A-7-14. Hearings; judicial review.

§31A-7-15. Exclusivity of powers and procedures of article.

CHAPTER 31A, ARTICLE 8. HEARINGS; ADMINISTRATIVE PROCEDURES; JUDICIAL REVIEW; UNLAWFUL ACTS; PENALTIES.

§31A-8-1. Hearings before commissioner or hearing examiner; procedure, etc.

§31A-8-2. Judicial review; appeals to Supreme Court of Appeals.

§31A-8-3. Certain practices by affiliates, officers, etc., of corporate financial institutions forbidden; penalties.

§31A-8-4. Change in control of banking institution; loans on bank stocks; required procedures; prohibitions; penalties.

§31A-8-5. Dealing in own stock; stock purchases; limitations; exceptions.

§31A-8-6. Receiving deposits or issuing choses in action during insolvency.

§31A-8-7. Certifying checks falsely.

§31A-8-8. False statements concerning banking institutions.

§31A-8-8a. Unauthorized disclosure of information from a financial institution examination report.

§31A-8-9. Misapplication of funds; fraud by officers or employees; false entries in books; false statements; penalties.

§31A-8-10. Unlawful activity by bank personnel.

§31A-8-11. Failure to make, publish or distribute reports; penalty.

§31A-8-12. Procedure for authorization of branch banks; temporary offices at colleges and universities; limitations and restrictions; examinations and hearings; standards of review; penalties for violation of section.

§31A-8-12a. Banking from mobile units; limitation of messenger services.

§31A-8-12b. Installation and operation of customer bank communication terminals permitted.

§31A-8-12c. Loan origination offices permitted.

§31A-8-12d. Expedited procedure for authorization of de novo branch banks.

§31A-8-13. Banking institution not to be surety; hypothecation and other dealings with securities and assets limited.

§31A-8-14. Repealed. Acts, 1981 Reg. Sess., Ch. 40.

§31A-8-15. General penalties.

§31A-8-16. Misdemeanors and felonies.

§31A-8-17. Legal representation of commissioner and board.

§31A-8-18. References to code provisions.

CHAPTER 31A, ARTICLE 8A. ACQUISITIONS OF BANKS BY BANK HOLDING COMPANIES.

§31A-8A-1. Definitions.

§31A-8A-2. Scope and statement of legislative intent.

§31A-8A-3. Permitted acquisitions.

§31A-8A-4. Required application.

§31A-8A-5. Standards for approval.

§31A-8A-6. Procedures relating to applications.

§31A-8A-7. Reports; examinations.

§31A-8A-8. Authority to issue rules; cooperative agreements; fees.

§31A-8A-9. Authority to conduct banking business; credit card processing.

§31A-8A-10. Penalties.

CHAPTER 31A, ARTICLE 8B. COMMUNITY REINVESTMENT ACT.

§31A-8B-1. Short title.

§31A-8B-2. Legislative findings and purpose.

§31A-8B-3. Application for a deposit facility; definition.

§31A-8B-4. Assessment of the institution's reinvestment in the community.

§31A-8B-5. Rules and regulations.

CHAPTER 31A, ARTICLE 8C. PROVISION OF FINANCIALLY-RELATED SERVICES BY BANKS AND BANK HOLDING COMPANIES.

§31A-8C-1. Financially related defined.

§31A-8C-2. Banks and bank holding companies permitted to offer financially related services.

§31A-8C-3. Limitation on permitted investment in entities offering financially related services.

§31A-8C-4. Promulgation of rules.

§31A-8C-5. Construction, conflicting provisions.

CHAPTER 31A, ARTICLE 8D. INTERSTATE BRANCHING BY BANK MERGERS.

§31A-8D-1. Legislative purpose.

§31A-8D-2. Definitions.

§31A-8D-3. Authority of West Virginia state banks to establish interstate branches by merger.

§31A-8D-4. Interstate merger transactions and branching involving out-of-state banks permitted.

§31A-8D-5. Notice and filing requirements.

§31A-8D-6. Powers; additional branches.

§31A-8D-7. Examinations; periodic reports; cooperative agreements; assessment of fees.

§31A-8D-8. Enforcement.

§31A-8D-9. Rules and orders.

§31A-8D-10. Notice of subsequent merger.

§31A-8D-11. Applicability to thrift institutions.

CHAPTER 31A, ARTICLE 8E. INTERSTATE BRANCHING BY DE NOVO ENTRY AND ACQUISITION OF BRANCHES.

§31A-8E-1. Legislative purpose.

§31A-8E-2. Definitions.

§31A-8E-3. Interstate branching by West Virginia state banks through de novo establishment or acquisition of branches in other states.

§31A-8E-4. Interstate branching by out-of-state banks through de novo entry or acquisition of branches in West Virginia.

§31A-8E-5. Requirement of notice.

§31A-8E-6. Conditions for approval.

§31A-8E-7. Powers; additional branches.

§31A-8E-8. Examinations; periodic reports; cooperative agreements; assessment of fees.

§31A-8E-9. Enforcement.

§31A-8E-10. Rules and orders.

§31A-8E-11. Notice of subsequent merger.

§31A-8E-12. Applicability to thrift institutions.

CHAPTER 31A, ARTICLE 8F. THE WEST VIRGINIA INTERNATIONAL BANKING ACT.

§31A-8F-1. Legislative purpose.

§31A-8F-2. Definitions.

§31A-8F-3. General regulation authority; language; U.S. general accounting principles.

§31A-8F-4. Operations in this state of banks owned or controlled by foreign banks and other foreign persons.

§31A-8F-5. Branches by domestic subsidiary banks owned by a foreign bank.

§31A-8F-6. Authority of affiliated bank or branch to act as agent for a foreign bank.

§31A-8F-7. Direct agency offices of foreign banks; necessity of licensure.

§31A-8F-8. Application to establish and maintain an agency office; contents.

§31A-8F-9. Application to establish and maintain an agency office; manner of filing and determination.

§31A-8F-10. No concurrent maintenance of federal branches or agencies.

§31A-8F-11. Powers of a foreign bank agency office.

§31A-8F-12. Representative office of foreign banks; necessity of licensure.

§31A-8F-13. Representative office; application.

§31A-8F-14. Representative office; factors for approval of application.

§31A-8F-15. Representative office; permissible activities.

§31A-8F-16. Posting of license.

§31A-8F-17. Licenses not transferable.

§31A-8F-18. Amended license to establish and maintain a direct agency office or representative office.

§31A-8F-19. Change of control of foreign bank.

§31A-8F-20. Relocation of office; written notice necessary.

§31A-8F-21. Examination; payment of fees.

§31A-8F-22. Supervision and enforcement.

§31A-8F-23. Reports.

§31A-8F-24. Confidentiality of examination reports.

§31A-8F-25. Books, accounts and records.

§31A-8F-26. Separate assets.

§31A-8F-27. Disclosure of lack of federal deposit insurance.

§31A-8F-28. Capital equivalency deposit.

§31A-8F-29. Voluntary closure of agency or representative office; application.

CHAPTER 31A, ARTICLE 8G. THE WEST VIRGINIA FINTECH REGULATORY SANDBOX PROGRAM.

§31A-8G-1. The West Virginia FinTech Regulatory Sandbox Program.

§31A-8G-2. Definitions.

§31A-8G-3. Regulatory Sandbox Program; administration; application requirements; fee; rulemaking.

§31A-8G-4. Scope; testing period; licenses; consumer protections.

§31A-8G-5. Additional consumer protections; disclosures.

§31A-8G-6. Exiting requirements; extensions.

§31A-8G-7. Testing period extensions.

§31A-8G-8. Recordkeeping and reporting requirements; participant removal.

CHAPTER 31B. UNIFORM LIMITED LIABILITY COMPANY ACT.

CHAPTER 31B, ARTICLE 1. GENERAL PROVISIONS.

§31B-1-101. Definitions.

§31B-1-102. Knowledge and notice.

§31B-1-103. Effect of operating agreement; nonwaivable provisions.

§31B-1-104. Supplemental principles of law.

§31B-1-105. Name.

§31B-1-106. Reserved name.

§31B-1-107. Registered name.

§31B-1-108. Designated office and agent for service of process.

§31B-1-109. Change of designated office or agent for service of process.

§31B-1-110. Resignation of agent for service of process.

§31B-1-111. Service of process.

§31B-1-112. Nature of business and powers.

§31B-1-113. Disclosures required by limited liability companies holding certain licenses.

§31B-1-114. Penalty for signing false document.

CHAPTER 31B, ARTICLE 2. ORGANIZATION.

§31B-2-201. Limited liability company as legal entity.

§31B-2-202. Organization.

§31B-2-203. Articles of organization.

§31B-2-204. Amendment or restatement of articles of organization.

§31B-2-205. Signing of records.

§31B-2-206. Filing in office of Secretary of State.

§31B-2-207. Correcting filed record.

§31B-2-208. Certificate of existence or authorization.

§31B-2-209. Liability for false statement in filed record.

§31B-2-210. Filing by judicial act.

§31B-2-211. Annual report for Secretary of State.

CHAPTER 31B, ARTICLE 3. RELATIONS OF MEMBERS AND MANAGERS TO PERSONS DEALING WITH LIMITED LIABILITY COMPANY.

§31B-3-301. Agency of members and managers.

§31B-3-302. Limited liability company liable for member's or manager's actionable conduct.

§31B-3-303. Liability of members and managers.

CHAPTER 31B, ARTICLE 4. RELATIONS OF MEMBERS TO EACH OTHER AND TO LIMITED LIABILITY COMPANY.

§31B-4-401. Form of contribution.

§31B-4-402. Member's liability for contributions.

§31B-4-403. Member's and manager's rights to payments and reimbursement.

§31B-4-404. Management of limited liability company.

§31B-4-405. Sharing of and right to distributions.

§31B-4-406. Limitations on distributions.

§31B-4-407. Liability for unlawful distributions.

§31B-4-408. Member's right to information.

§31B-4-409. General standards of member's and manager's conduct.

§31B-4-410. Actions by members.

§31B-4-411. Continuation of term company after expiration of specified term.

CHAPTER 31B, ARTICLE 5. TRANSFEREES AND CREDITORS OF MEMBER.

§31B-5-501. Member's distributional interest.

§31B-5-502. Transfer of distributional interest.

§31B-5-503. Rights of transferee.

§31B-5-504. Rights of creditor.

CHAPTER 31B, ARTICLE 6. MEMBER'S DISSOCIATION.

§31B-6-601. Events causing member's dissociation.

§31B-6-602. Member's power to dissociate; wrongful dissociation.

§31B-6-603. Effect of member's dissociation.

CHAPTER 31B, ARTICLE 7. MEMBER'S DISSOCIATION WHEN BUSINESS NOT WOUND UP.

§31B-7-701. Company purchase of distributional interest.

§31B-7-702. Court action to determine fair value of distributional interest.

§31B-7-703. Dissociated member's power to bind limited liability company.

§31B-7-704. Statement of dissociation.

CHAPTER 31B, ARTICLE 8. WINDING UP COMPANY'S BUSINESS.

§31B-8-801. Events causing dissolution and winding up of company's business.

§31B-8-802. Limited liability company continues after dissolution.

§31B-8-803. Right to wind up limited liability company's business.

§31B-8-804. Member's or manager's power and liability as agent after dissolution.

§31B-8-805. Articles of termination.

§31B-8-806. Distribution of assets in winding up limited liability company's business.

§31B-8-807. Known claims against dissolved limited liability company.

§31B-8-808. Other claims against dissolved limited liability company.

§31B-8-809. Grounds for administrative dissolution.

§31B-8-810. Procedure for and effect of administrative dissolution.

§31B-8-811. Reinstatement following administrative dissolution.

§31B-8-812. Appeal from denial of reinstatement.

CHAPTER 31B, ARTICLE 9. CONVERSIONS AND MERGERS.

§31B-9-901. Definitions.

§31B-9-902. Conversion of partnership or limited partnership to limited liability company.

§31B-9-903. Effect of conversion; entity unchanged.

§31B-9-904. Merger of entities; confirmation of title to real estate required.

§31B-9-905. Articles of merger.

§31B-9-906. Effect of merger.

§31B-9-907. Article not exclusive.

CHAPTER 31B, ARTICLE 10. FOREIGN LIMITED LIABILITY COMPANIES.

§31B-10-1001. Law governing foreign limited liability companies.

§31B-10-1002. Application for certificate of authority.

§31B-10-1003. Activities not constituting transacting business.

§31B-10-1004. Issuance of certificate of authority.

§31B-10-1005. Name of foreign limited liability company.

§31B-10-1006. Revocation and reinstatement of certificate of authority.

§31B-10-1007. Cancellation of authority.

§31B-10-1008. Effect of failure to obtain certificate of authority.

§31B-10-1009. Action by Attorney General.

CHAPTER 31B, ARTICLE 11. DERIVATIVE ACTIONS.

§31B-11-1101. Right of action.

§31B-11-1102. Proper plaintiff.

§31B-11-1103. Pleading.

§31B-§31B-11-1104. Expenses.

CHAPTER 31B, ARTICLE 12. MISCELLANEOUS PROVISIONS.

§31B-12-1201. Uniformity of application and construction.

§31B-12-1202. Short title.

§31B-12-1203. Severability clause.

§31B-12-1204. Effective date.

§31B-12-1205. Transitional provisions.

§31B-12-1206. Savings clause.

§31B-12-1207. Equality of workers' compensation treatment.

CHAPTER 31B, ARTICLE 13. PROFESSIONAL LIMITED LIABILITY COMPANIES.

§31B-13-1301. Definitions.

§31B-13-1302. Who may become a member; professional limited liability companies authorized.

§31B-13-1303. Name.

§31B-13-1304. Duty of licensing board.

§31B-13-1305. Professional relationships not affected; liability for debts, etc., of limited liability company, its members, managers, employees and agents; individual liability.

§31B-13-1306. Application of article.

CHAPTER 31C. CREDIT UNIONS.

CHAPTER 31C, ARTICLE 1. SUPERVISION AND REGULATION.

§31C-1-1. Definitions.

§31C-1-2. Authority of commissioner and board of banking and financial institutions.

§31C-1-3. Powers of commissioner.

§31C-1-4. Suspension; involuntary liquidation.

§31C-1-5. Examinations.

§31C-1-6. Records.

§31C-1-7. Reports.

§31C-1-8. Assessments.

CHAPTER 31C, ARTICLE 2. FORMATION OF CREDIT UNION.

§31C-2-1. Organization procedure.

§31C-2-2. Certification of charter; and certificate of authority.

§31C-2-3. Articles and bylaws.

§31C-2-4. Use of name exclusive.

§31C-2-5. Branches and other service facilities.

§31C-2-6. Out-of-state credit unions.

§31C-2-7. Conducting business outside this state.

§31C-2-8. Tax exemption.

§31C-2-9. Credit unions heretofore organized need not obtain new charter; actions validated.

CHAPTER 31C, ARTICLE 3. POWERS OF CREDIT UNION.

§31C-3-1. General powers.

§31C-3-2. Incidental powers.

§31C-3-3. Advantageous federal powers.

CHAPTER 31C, ARTICLE 4. MEMBERSHIP.

§31C-4-1. Membership defined.

§31C-4-2. Organizations.

§31C-4-3. Membership applications.

§31C-4-4. Members who cease to be eligible.

§31C-4-5. Liability and expulsion of members.

§31C-4-6. Meetings of members.

§31C-4-7. Calling of special meeting.

CHAPTER 31C, ARTICLE 5. DIRECTION OF CREDIT UNION AFFAIRS.

§31C-5-1. Authority and responsibility of directors.

§31C-5-2. Election of directors and selection of supervisory and credit committee members.

§31C-5-3. Record of officials; and filling vacancies.

§31C-5-4. Compensation of officials; and conflicts of interests.

§31C-5-5. Officers.

§31C-5-6. Executive committee.

§31C-5-7. Credit committee and loan officers.

§31C-5-8. Audits.

§31C-5-9. Fidelity bonds, required oaths and hazard insurance.

§31C-5-10. Suspension and removal of officials.

§31C-5-11. Inspection of books and records by members.

CHAPTER 31C, ARTICLE 6. ACCOUNTS.

§31C-6-1. Share accounts and membership shares.

§31C-6-2. Dividends.

§31C-6-3. Deposit accounts.

§31C-6-4. Minor accounts.

§31C-6-5. Joint accounts.

§31C-6-6. Trust accounts.

§31C-6-7. Payable-on-death accounts.

§31C-6-8. Liens.

§31C-6-9. Share and deposit insurance.

§31C-6-10. Reduction in shares.

CHAPTER 31C, ARTICLE 7. LOANS.

§31C-7-1. Purpose and conditions of loans.

§31C-7-2. Finance charge.

§31C-7-3. Additional charges.

§31C-7-4. Applications.

§31C-7-5. Loan limit; collateral requirements; and repayment.

§31C-7-6. Line of credit.

§31C-7-7. Participation loans.

§31C-7-8. Other loan programs.

§31C-7-9. Loans to officials.

CHAPTER 31C, ARTICLE 8. OTHER MEMBER SERVICES.

§31C-8-1. Insurance for members.

§31C-8-2. Indemnification of officers.

§31C-8-3. Group purchasing.

§31C-8-4. Money-type instruments.

§31C-8-5. Retirement accounts and trust authority.

CHAPTER 31C, ARTICLE 9. INVESTMENTS AND RESERVE ALLOCATIONS.

§31C-9-1. Investment and deposit of funds.

§31C-9-2. Authorized investments.

§31C-9-3. Reserve funds.

CHAPTER 31C, ARTICLE 10. CHANGE IN CORPORATE STATUS.

§31C-10-1. Voluntary liquidation.

§31C-10-2. Merger of credit unions.

§31C-10-3. Conversion.

CHAPTER 31C, ARTICLE 11. CORPORATE CREDIT UNION.

§31C-11-1. Incorporation.

§31C-11-2. Purposes.

§31C-11-3. Membership.

§31C-11-4. Organization.

§31C-11-5. Powers and privileges.

§31C-11-6. Participation in central system.

§31C-11-7. Security interest.

§31C-11-8. Meetings.

§31C-11-9. Fees.

§31C-11-10. Reserves.

§31C-11-11. Annual audit.

§31C-11-12. Securities exemption.

CHAPTER 31C, ARTICLE 12. PENALTIES.

§31C-12-1. Criminal liability.

§31C-12-2. Penalty for false reports.

§31C-12-3. Civil penalties.

CHAPTER 31D. WEST VIRGINIA BUSINESS CORPORATION ACT.

CHAPTER 31D, ARTICLE 1. GENERAL PROVISIONS.

§31D-1-101. Short title.

§31D-1-101a. Legislative acknowledgment.

§31D-1-102. Reservation of powers.

§31D-1-103. Construction of chapter.

§31D-1-120. Filing requirements.

§31D-1-121. Forms.

§31D-1-122. Filing, service and copying fees.

§31D-1-123. Effective time and date of document.

§31D-1-124. Correcting filed document.

§31D-1-125. Filing duty of Secretary of State.

§31D-1-126. Appeal from Secretary of State's refusal to file document.

§31D-1-127. Evidentiary effect of copy of filed document.

§31D-1-128. Certificate of existence.

§31D-1-129. Penalty for signing false document.

§31D-1-130. Powers.

§31D-1-131. One-stop electronic state business portal.

§31D-1-140. Venue.

§31D-1-150. Definitions.

§31D-1-151. Notice.

§31D-1-152. Number of shareholders.

CHAPTER 31D, ARTICLE 2. INCORPORATION.

§31D-2-201. Incorporators.

§31D-2-202. Articles of incorporation.

§31D-2-203. Incorporation.

§31D-2-204. Organization of corporation.

§31D-2-205. Bylaws.

§31D-2-206. Emergency bylaws.

CHAPTER 31D, ARTICLE 3. PURPOSES AND POWERS.

§31D-3-301. Purposes.

§31D-3-302. General powers.

§31D-3-303. Emergency powers.

§31D-3-304. Ultra vires.

CHAPTER 31D, ARTICLE 4. NAME.

§31D-4-401. Corporate name.

§31D-4-402. Use of the words "corporation", "incorporated" or "limited"; prohibitions; penalties.

§31D-4-403. Reserved name.

§31D-4-404. Registered name.

CHAPTER 31D, ARTICLE 5. OFFICE AND AGENT.

§31D-5-501. Registered office and registered agent.

§31D-5-502. Change of registered office or registered agent.

§31D-5-503. Resignation of registered agent.

§31D-5-504. Service on corporation.

CHAPTER 31D, ARTICLE 6. SHARES AND DISTRIBUTIONS.

§31D-6-601. Authorized shares.

§31D-6-602. Terms of class or series determined by board of directors.

§31D-6-603. Issued and outstanding shares.

§31D-6-604. Fractional shares.

§31D-6-620. Subscription for shares before incorporation.

§31D-6-621. Issuance of shares.

§31D-6-622. Liability of shareholders.

§31D-6-623. Share dividends.

§31D-6-624. Share options.

§31D-6-625. Form and content of certificates.

§31D-6-626. Shares without certificates.

§31D-6-627. Restriction on transfer of shares and other securities.

§31D-6-628. Expense of issue.

§31D-6-630. Shareholders' preemptive rights.

§31D-6-631. Corporation's acquisition of its own shares.

§31D-6-640. Distributions to shareholders.

CHAPTER 31D, ARTICLE 7. SHAREHOLDERS.

§31D-7-701. Annual meeting.

§31D-7-702. Special meeting.

§31D-7-703. Court-ordered meeting.

§31D-7-704. Action without meeting.

§31D-7-705. Notice of meeting.

§31D-7-706. Waiver of notice.

§31D-7-707. Record date.

§31D-7-708. Conduct of the meeting.

§31D-7-720. Shareholders' list for meeting.

§31D-7-721. Voting entitlement of shares.

§31D-7-722. Proxies.

§31D-7-723. Shares held by nominees.

§31D-7-724. Corporation's acceptance of votes.

§31D-7-725. Quorum and voting requirements for voting groups.

§31D-7-726. Action by single and multiple voting groups.

§31D-7-727. Greater quorum or voting requirements.

§31D-7-728. Voting for directors; cumulative voting.

§31D-7-729. Inspectors of election.

§31D-7-730. Voting trusts.

§31D-7-731. Voting agreements.

§31D-7-732. Shareholder agreements.

CHAPTER 31D, ARTICLE 8. DIRECTORS AND OFFICERS.

§31D-8-801. Requirement for and duties of board of directors.

§31D-8-802. Qualifications of directors.

§31D-8-803. Number and election of directors.

§31D-8-804. Election of directors by certain classes of shareholders.

§31D-8-805. Terms of directors generally.

§31D-8-806. Staggered terms for directors.

§31D-8-807. Resignation of directors.

§31D-8-808. Removal of directors by shareholders.

§31D-8-809. Removal of directors by judicial proceeding.

§31D-8-810. Vacancy on board.

§31D-8-811. Compensation of directors.

§31D-8-820. Meetings.

§31D-8-821. Action without meeting.

§31D-8-822. Notice of meeting.

§31D-8-823. Waiver of notice.

§31D-8-824. Quorum and voting.

§31D-8-825. Committees.

§31D-8-830. Standard of conduct for directors.

§31D-8-831. Standards of liability for directors.

§31D-8-832. [RESERVED]

§31D-8-833. Directors' liability for unlawful distributions.

§31D-8-840. Required officers.

§31D-8-841. Duties of officers.

§31D-8-842. Standards of conduct for officers.

§31D-8-842a. Standards of liability for officers.

§31D-8-843. Resignation and removal of officers.

§31D-8-844. Contract rights of officers.

§31D-8-850. Part definitions.

§31D-8-851. Permissible indemnification.

§31D-8-852. Mandatory indemnification.

§31D-8-853. Advance for expenses.

§31D-8-854. Circuit court-ordered indemnification and advance for expenses.

§31D-8-855. Determination and authorization of indemnification.

§31D-8-856. Indemnification of officers.

§31D-8-857. Insurance.

§31D-8-858. Variation by corporate action; application of part.

§31D-8-859. Exclusivity of part.

§31D-8-860. Directors' conflicting interest transactions.

CHAPTER 31D, ARTICLE 9. [RESERVED]

CHAPTER 31D, ARTICLE 10. AMENDMENT OF ARTICLES OF INCORPORATION AND BYLAWS.

§31D-10-1001. Authority to amend.

§31D-10-1002. Amendment before issuance of shares.

§31D-10-1003. Amendment by board of directors and shareholders.

§31D-10-1004. Voting on amendments by voting groups.

§31D-10-1005. Amendment by board of directors.

§31D-10-1006. Articles of amendment.

§31D-10-1007. Restated articles of incorporation.

§31D-10-1008. Amendment pursuant to reorganization.

§31D-10-1009. Effect of amendment.

§31D-10-1020. Amendment by board of directors or shareholders.

§31D-10-1021. Bylaw increasing quorum or voting requirement for directors.

CHAPTER 31D, ARTICLE 11. MERGERS AND SHARE EXCHANGES.

§31D-11-1101. Definitions.

§31D-11-1102. Merger.

§31D-11-1103. Share exchange.

§31D-11-1104. Action on a plan of merger or share exchange.

§31D-11-1105. Merger between parent and subsidiary or between subsidiaries.

§31D-11-1106. Articles of merger or share exchange.

§31D-11-1107. Effect of merger or share exchange.

§31D-11-1108. Abandonment of a merger or share exchange.

§31D-11-1109. Conversion of a domestic corporation to a domestic limited liability company.

CHAPTER 31D, ARTICLE 12. DISPOSITION OF ASSETS.

§31D-12-1201. Disposition of assets not requiring shareholder approval.

§31D-12-1202. Shareholder approval of certain dispositions.

CHAPTER 31D, ARTICLE 13. APPRAISAL RIGHTS.

§31D-13-1301. Definitions.

§31D-13-1302. Right to appraisal.

§31D-13-1303. Assertion of rights by nominees and beneficial owners.

§31D-13-1320. Notice of appraisal rights.

§31D-13-1321. Notice of intent to demand payment.

§31D-13-1322. Appraisal notice and form.

§31D-13-1323. Perfection of rights; right to withdraw.

§31D-13-1324. Payment.

§31D-13-1325. After-acquired shares.

§31D-13-1326. Procedure if shareholder dissatisfied with payment or offer.

§31D-13-1330. Court action.

§31D-13-1331. Court costs and counsel fees.

CHAPTER 31D, ARTICLE 14. DISSOLUTION.

§31D-14-1401. Dissolution by incorporators or initial directors.

§31D-14-1402. Dissolution by board of directors and shareholders.

§31D-14-1403. Articles of dissolution.

§31D-14-1404. Revocation of dissolution.

§31D-14-1405. Effect of dissolution.

§31D-14-1406. Known claims against dissolved corporation.

§31D-14-1407. Unknown claims against dissolved corporation.

§31D-14-1420. Grounds for administrative dissolution.

§31D-14-1421. Procedure for and effect of administrative dissolution.

§31D-14-1422. Reinstatement following administrative dissolution.

§31D-14-1423. Appeal from denial of reinstatement.

§31D-14-1430. Grounds for judicial dissolution.

§31D-14-1431. Procedure for judicial dissolution.

§31D-14-1432. Receivership or custodianship.

§31D-14-1433. Decree of dissolution.

§31D-14-1434. Election to purchase in lieu of dissolution.

§31D-14-1440. Deposit with State Treasurer.

CHAPTER 31D, ARTICLE 15. FOREIGN CORPORATIONS.

§31D-15-1501. Authority to transact business and jurisdiction over foreign corporations.

§31D-15-1502. Consequences of transacting business without authority.

§31D-15-1503. Application for certificate of authority.

§31D-15-1504. Amended certificate of authority.

§31D-15-1505. Effect of certificate of authority.

§31D-15-1506. Corporate name of foreign corporation.

§31D-15-1507. Registered office and registered agent of foreign corporation.

§31D-15-1508. Change of registered office or registered agent of foreign corporation.

§31D-15-1509. Resignation of registered agent of foreign corporation.

§31D-15-1510. Service on foreign corporation.

§31D-15-1520. Withdrawal of foreign corporation.

§31D-15-1521. Revocation of withdrawal.

§31D-15-1530. Grounds for revocation.

§31D-15-1531. Procedure for and effect of revocation.

§31D-15-1532. Reinstatement following administrative revocation.

§31D-15-1533. Appeal from denial of reinstatement.

CHAPTER 31D, ARTICLE 16. RECORDS AND REPORTS.

§31D-16-1601. Corporate records.

§31D-16-1602. Inspection of records by shareholders.

§31D-16-1603. Scope of inspection right.

§31D-16-1604. Court-ordered inspection.

§31D-16-1605. Inspection of records by directors.

§31D-16-1606. Exception to notice requirement.

§31D-16-1620. Financial statements for shareholders.

CHAPTER 31D, ARTICLE 17. TRANSITION PROVISIONS.

§31D-17-1701. Application to existing domestic corporations.

§31D-17-1702. Application to qualified foreign corporations.

§31D-17-1703. Effective date.

CHAPTER 31E. WEST VIRGINIA NONPROFIT CORPORATION ACT.

CHAPTER 31E, ARTICLE 1. GENERAL PROVISIONS.

§31E-1-101. Short title.

§31E-1-101a. Legislative acknowledgment.

§31E-1-102. Reservation of powers.

§31E-1-103. Construction of chapter.

§31E-1-120. Filing requirements.

§31E-1-121. Forms.

§31E-1-122. Filing, service and copying fees.

§31E-1-123. Effective time and date of document.

§31E-1-124. Correcting filed document.

§31E-1-125. Filing duty of Secretary of State.

§31E-1-126. Appeal from Secretary of State's refusal to file document.

§31E-1-127. Evidentiary effect of copy of filed document.

§31E-1-128. Certificate of existence.

§31E-1-129. Penalty for signing false document.

§31E-1-130. Powers.

§31E-1-140. Venue.

§31E-1-150. Chapter definitions.

§31E-1-151. Notice.

§31E-1-152. Number of members.

CHAPTER 31E, ARTICLE 2. INCORPORATION.

§31E-2-201. Incorporators.

§31E-2-202. Articles of incorporation.

§31E-2-203. Incorporation.

§31E-2-204. Organization of corporation.

§31E-2-205. Bylaws.

§31E-2-206. Emergency bylaws.

CHAPTER 31E, ARTICLE 3. PURPOSES AND POWERS.

§31E-3-301. Purposes.

§31E-3-302. General powers.

§31E-3-303. Emergency powers.

§31E-3-304. Ultra vires.

CHAPTER 31E, ARTICLE 4. NAME.

§31E-4-401. Corporate name.

§31E-4-402. Use of the words "corporation", "incorporated" or "limited"; prohibitions; penalties.

§31E-4-403. Reserved name.

§31E-4-404. Registered name.

CHAPTER 31E, ARTICLE 5. OFFICE AND AGENT.

§31E-5-501. Registered office and registered agent.

§31E-5-502. Change of registered office or registered agent.

§31E-5-503. Resignation of registered agent.

§31E-5-504. Service on corporation.

CHAPTER 31E, ARTICLE 6. MEMBERS – MEMBERSHIP RIGHTS AND LIABILITIES.

§31E-6-601. Classes of members.

§31E-6-602. Rules for membership.

§31E-6-603. Imposition of fines and penalties; levy of dues and assessments.

§31E-6-604. Liability of members.

CHAPTER 31E, ARTICLE 7. MEMBERS – MEETINGS AND VOTING.

§31E-7-701. Annual meeting; regular meeting.

§31E-7-702. Special meeting.

§31E-7-703. Court-ordered meeting.

§31E-7-704. Action without meeting; validity of actions at meetings not properly called.

§31E-7-705. Notice of meeting.

§31E-7-706. Waiver of notice.

§31E-7-707. Record date.

§31E-7-708. Conduct of the meeting

§31E-7-720. Members' list for meeting.

§31E-7-721. Members' voting rights.

§31E-7-722. Proxies.

§31E-7-723. Corporation's acceptance or rejection of votes.

§31E-7-724. Quorum and voting requirements.

§31E-7-725. Action by single and multiple classes of members.

§31E-7-726. Other quorum or voting requirement.

§31E-7-727. Voting for directors; cumulative voting.

§31E-7-728. Inspectors of election.

CHAPTER 31E, ARTICLE 8. DIRECTORS AND OFFICERS.

§31E-8-801. Requirement for and duties of board of directors.

§31E-8-802. Qualifications of directors.

§31E-8-803. Number and election of directors.

§31E-8-804. Special provisions regarding directors.

§31E-8-805. Election of directors by certain classes of members.

§31E-8-806. Terms of directors generally.

§31E-8-807. Staggered terms for directors.

§31E-8-808. Resignation of directors.

§31E-8-809. Removal of directors by members or directors.

§31E-8-810. Removal of directors by judicial proceeding.

§31E-8-811. Vacancy on board.

§31E-8-812. Compensation of directors.

§31E-8-820. Meetings.

§31E-8-821. Action without meeting.

§31E-8-822. Notice of meeting.

§31E-8-823. Waiver of notice.

§31E-8-824. Quorum and voting.

§31E-8-825. Committees.

§31E-8-826. Court-ordered meeting of directors.

§31E-8-830. Standards of conduct for directors.

§31E-8-831. Standards of liability for directors.

§31E-8-832. [RESERVED]

§31E-8-833. Directors' liability for unlawful distributions.

§31E-8-840. Required officers.

§31E-8-841. Duties of officers.

§31E-8-842. Standards of conduct for officers.

§31E-8-843. Resignation and removal of officers.

§31E-8-844. Contract rights of officers.

§31E-8-850. Part definitions.

§31E-8-851. Permissible indemnification.

§31E-8-852. Mandatory indemnification.

§31E-8-853. Advance for expenses.

§31E-8-854. Circuit court-ordered indemnification and advance for expenses.

§31E-8-855. Determination and authorization of indemnification.

§31E-8-856. Indemnification of officers.

§31E-8-857. Insurance.

§31E-8-858. Variation by corporate action; application of part.

§31E-8-859. Exclusivity of part.

§31E-8-860. Directors' conflicting interest transactions.

CHAPTER 31E, ARTICLE 9. RESERVED.

CHAPTER 31E, ARTICLE 10. AMENDMENT OF ARTICLES OF INCORPORATION AND BYLAWS.

§31E-10-1001. Authority to amend.

§31E-10-1002. Certain amendments by board of directors.

§31E-10-1003. Amendment by board of directors and members.

§31E-10-1004. Amendment by incorporators.

§31E-10-1005. Articles of amendment.

§31E-10-1006. Restated articles of incorporation.

§31E-10-1007. Amendment pursuant to reorganization.

§31E-10-1008. Effect of amendment.

§31E-10-1020. Amendment by board of directors or members.

§31E-10-1021. Bylaw increasing quorum or voting requirement for directors.

§31E-10-1022. Bylaw increasing quorum or voting requirement for members.

CHAPTER 31E, ARTICLE 11. MERGERS.

§31E-11-1101. Merger.

§31E-11-1102. Action on plan of merger.

§31E-11-1103. Articles of merger.

§31E-11-1104. Effect of merger.

CHAPTER 31E, ARTICLE 12. DISPOSITION OF ASSETS.

§31E-12-1201. Disposition of assets not requiring member approval.

§31E-12-1202. Member approval of certain dispositions.

CHAPTER 31E, ARTICLE 13. DISSOLUTION.

§31E-13-1301. Dissolution by incorporators or initial directors.

§31E-13-1302. Dissolution by board of directors and members.

§31E-13-1303. Articles of dissolution.

§31E-13-1304. Revocation of dissolution.

§31E-13-1305. Effect of dissolution.

§31E-13-1306. Known claims against dissolved corporation.

§31E-13-1307. Unknown claims against dissolved corporation.

§31E-13-1308. Adoption of plan for distribution of assets.

§31E-13-1309. Liquidating distribution of assets.

§31E-13-1320. Grounds for administrative dissolution.

§31E-13-1321. Procedure for and effect of administrative dissolution.

§31E-13-1322. Reinstatement following administrative dissolution.

§31E-13-1323. Appeal from denial of reinstatement.

§31E-13-1330. Grounds for judicial dissolution.

§31E-13-1331. Procedure for judicial dissolution.

§31E-13-1332. Receivership or custodianship.

§31E-13-1333. Decree of dissolution.

§31E-13-1340. Deposit with State Treasurer.

CHAPTER 31E, ARTICLE 14. FOREIGN CORPORATIONS.

§31E-14-1401. Authority to conduct affairs required.

§31E-14-1402. Consequences of conducting affairs without authority.

§31E-14-1403. Application for certificate of authority.

§31E-14-1404. Amended certificate of authority.

§31E-14-1405. Effect of certificate of authority.

§31E-14-1406. Corporate name of foreign corporation.

§31E-14-1407. Registered office and registered agent of foreign corporation.

§31E-14-1408. Change of registered office or registered agent of foreign corporation.

§31E-14-1409. Resignation of registered agent of foreign corporation.

§31E-14-1410. Service on foreign corporation.

§31E-14-1420. Withdrawal of foreign corporation.

§31E-14-1421. Revocation of withdrawal.

§31E-14-1430. Grounds for revocation.

§31E-14-1431. Procedure for and effect of revocation.

§31E-14-1432. Reinstatement following administrative revocation.

§31E-14-1533. Appeal from denial of reinstatement.

CHAPTER 31E, ARTICLE 15. RECORDS AND REPORTS.

§31E-15-1501. Corporate records.

§31E-15-1502. Inspection of records by members.

§31E-15-1503. Scope of inspection right.

§31E-15-1504. Circuit court-ordered inspection.

§31E-15-1505. Inspection of records by directors.

§31E-15-1506. Exception to notice requirement.

§31E-15-1520. Financial statements for members.

CHAPTER 31E, ARTICLE 16. TRANSITION PROVISIONS.

§31E-16-1601. Application to existing domestic corporations.

§31E-16-1602. Application to qualified foreign corporations.

§31E-16-1603. Effective date.

CHAPTER 31F. WEST VIRGINIA BENEFIT CORPORATION ACT.

CHAPTER 31F, ARTICLE 1. GENERAL PROVISIONS.

§31F-1-101. Short title.

§31F-1-102. Definitions.

§31F-1-103. Construction of chapter.

CHAPTER 31F, ARTICLE 2. INCORPORATION.

§31F-2-201. Formation of benefit corporations.

§31F-2-202. Election of status after formation.

§31F-2-203. Termination of status.

CHAPTER 31F, ARTICLE 3. PURPOSES.

§31F-3-301. Corporate purposes.

CHAPTER 31F, ARTICLE 4. DIRECTORS AND OFFICERS.

§31F-4-401. Standard of conduct for directors.

§31F-4-402. Limitation upon liability of officers.

§31F-4-403. Right of action.

CHAPTER 31F, ARTICLE 5. REPORT.

§31F-5-501. Annual benefit report.

CHAPTER 31G. BROADBAND ENHANCEMENT AND EXPANSION POLICIES.

CHAPTER 31G, ARTICLE 1. BROADBAND ENHANCEMENT COUNCIL.

§31G-1-1. Legislative findings and purpose.

§31G-1-2. Definitions.

§31G-1-3. Broadband Enhancement Council; members of council; administrative support.

§31G-1-4. Powers and duties of the council generally.

§31G-1-5. Creation of the Broadband Enhancement Fund.

§31G-1-6. Mapping of areas within state.

§31G-1-7. Retention of outside expert consultant.

§31G-1-8. Public awareness and education.

§31G-1-9. Collection of data.

§31G-1-10 Repealed Acts, 2018 Reg. Sess., Ch. 31.  

§31G-1-11. Voluntary donation and easement programs.

§31G-1-12. Grants.

§31G-1-13. Protection of proprietary business information.

§31G-1-14. Legislative rule-making authority.

CHAPTER 31G, ARTICLE 1A. OFFICE OF BROADBAND.

§31G-1A-1. Office of Broadband; Director of Office.

§31G-1A-2. Powers and duties of the Office of Broadband generally.

§31G-1A-3. Mapping of areas within state.

§31G-1A-4. Collection of data.

§31G-1A-5. Protection of proprietary business information.

§31G-1A-6. Legislative rule-making authority.

§31G-1A-7. Broadband Development Fund.

CHAPTER 31G, ARTICLE 2. COOPERATIVE ASSOCIATIONS.

§31G-2-1. Definitions.

§31G-2-2. Who may organize.

§31G-2-3. Legislative findings and purposes.

§31G-2-4. Powers.

§31G-2-5. Members.

§31G-2-6. Articles of incorporation.

§31G-2-7. Amendments to articles of incorporation.

§31G-2-8. Bylaws.

§31G-2-9. General and special meetings.

§31G-2-10. Directors.

§31G-2-11. Officers.

§31G-2-12. Officers, employees and agents to be bonded.

§31G-2-13. Stock; membership certificate; voting; liability; limitations on transfer and ownership.

§31G-2-14. Removal of officer or director.

§31G-2-15. Referendum.

§31G-2-16. Marketing contract.

§31G-2-17. Remedies for breach of contract.

§31G-2-18. Purchasing property of other associations, persons, firms or corporations.

§31G-2-19. Annual reports.

§31G-2-20. Conflicting laws not to apply.

§31G-2-21. Interest in other corporations or associations.

§31G-2-22. Contracts and agreements with other associations.

§31G-2-23. Rights and remedies apply to similar associations of other states.

§31G-2-24. Associations heretofore organized may adopt provisions of article.

§31G-2-25. Liability as to delivery of products in violation of marketing agreements.

§31G-2-26. Associations to be deemed not in restraint of trade.

§31G-2-27. Application of business corporation laws; nonprofit corporation laws.

CHAPTER 31G, ARTICLE 3. CONDUIT INSTALLATION; MICROTRENCHING.

§31G-3-1. Definitions.

§31G-3-2. Microtrenching permitted; notification.

§31G-3-3. Conduit installation or fiber installation by counties, municipalities, and other political subdivisions.

§31G-3-4. Compatible use.

CHAPTER 31G, ARTICLE 4. MAKE-READY POLE ACCESS.

§31G-4-1. Definitions.

§31G-4-2. Attachment to third party facilities.

§31G-4-3. Exceptions.

§31G-4-4. Public Service Commission jurisdiction; rulemaking; enforcement.

§31G-4-5. Electric power utilities; feasibility study for providing broadband services; Public Service Commission to assist; proposed legislation to be developed; report.

§31G-4-5a. Electric Cooperative Providing Broadband Services.

§31G-4-6. Severability.

§31G-4-7. Ready pole access notification and cost sharing.

CHAPTER 31G, ARTICLE 5. VERTICAL REAL ESTATE MANAGEMENT AND AVAILABILITY ACT.

§31G-5-1. Short title.

§31G-5-2. Definitions.

§31G-5-3. Management of vertical real estate.

§31G-5-4. Exceptions to the management of vertical real estate.

CHAPTER 31G, ARTICLE 6. PRE-EMPTION OF CONFLICTING LOCAL ORDINANCES AND PRIVATE RESTRICTIONS

§31G-6-1. Pre-emption in favor of broadband services; construction of language in agreements.

§31G-6-2. Pre-emption in favor of broadband service in pole attachments; construction of language in pole attachment agreements.

CHAPTER 31H. SMALL WIRELESS FACILITIES DEPLOYMENT ACT.

CHAPTER 31H, ARTICLE 1. WEST VIRGINIA SMALL WIRELESS FACILITIES DEPLOYMENT ACT.

§31H-1-1. Legislative findings.

§31H-1-2. Definitions.

CHAPTER 31H, ARTICLE 2. ACCESS TO PUBLIC RIGHTS-OF-WAY.

§31H-2-1. Use of rights-of-way for small wireless facilities and utility poles; other structures.

§31H-2-2. Permitting process for small wireless facilities.

§31H-2-3. Access to authority utility poles; application and permit fees and rates for small wireless facilities.

§31H-2-4. Local authority; miscellaneous provisions.

CHAPTER 31I. TRUST COMPANIES.

CHAPTER 31I, ARTICLE 1. PRIVATE TRUST COMPANIES AND PRIVATE TRUST BUSINESS.

§31I-1-1. Short title.

§31I-1-2. Purposes; findings.

§31I-1-3. Definitions.

§31I-1-4. Organization; minimum capital requirements; notice to State Auditor; control; application for license.

§31I-1-5. Operation and powers.

§31I-1-6. Reacquisition of shares or interests; dividends.

§31I-1-7. Offices.

§31I-1-8. Directors or managers.

§31I-1-9. Limitation on powers.

§31I-1-10. Minimum trust assets under management certification.

§31I-1-11. Unlawful to advertise services.

§31I-1-12. Fidelity bonds; insurance.

§31I-1-13. Rule-making authority by State Auditor.

CHAPTER 32. UNIFORM SECURITIES ACT.

CHAPTER 32, ARTICLE 1. FRAUDULENT AND OTHER PROHIBITED PRACTICES.

§32-1-101. Sales and purchases.

§32-1-102. Advisory activities.

CHAPTER 32, ARTICLE 2. REGISTRATION OF BROKER-DEALERS AND AGENTS; REGISTRATION AND NOTICE FILING FOR INVESTMENT ADVISERS.

§32-2-201. Registration requirement.

§32-2-202. Registration and notice filing procedure.

§32-2-203. Post-registration provisions.

§32-2-204. Denial, revocation, suspension, otherwise condition, cancellation and withdrawal of registration.

CHAPTER 32, ARTICLE 3. REGISTRATION OF SECURITIES.

§32-3-301. Registration requirement.

§32-3-302. Registration by notification.

§32-3-303. Registration by coordination.

§32-3-304. Registration by qualification.

§32-3-304a. Federal covered securities.

§32-3-305. Provisions applicable to registration and notice filing generally.

§32-3-306. Denial, suspension and revocation of registration.

CHAPTER 32, ARTICLE 4. GENERAL PROVISIONS.

§32-4-401. Definitions.

§32-4-402. Exemptions.

§32-4-402a. Fairness Hearing on issuance of securities involved in a reorganization, recapitalization, or refinancing.

§32-4-403. Filing of sales and advertising literature.

§32-4-404. Misleading filings.

§32-4-405. Unlawful representations concerning registration, exemption or notice filing.

§32-4-406. Administration of chapter; operating fund for securities department.

§32-4-407. Sworn investigator, investigations and subpoenas.

§32-4-407a. Administrative assessments.

§32-4-408. Injunctions.

§32-4-409. Criminal penalties.

§32-4-410. Civil liabilities.

§32-4-411. Judicial review of orders.

§32-4-412. Rules, forms, orders and hearings.

§32-4-413. Administrative files and opinions.

§32-4-414. Scope of the chapter and service of process.

§32-4-415. Statutory policy.

§32-4-416. Short title.

§32-4-417. Severability of provisions.

§32-4-418. Saving provisions.

CHAPTER 32, ARTICLE 5. WEST VIRGINIA SMALL BUSINESS CAPITAL ACT

§32-5-501. Short title.

§32-5-502. Offer or sale of Small Business Securities.

§32-5-503. Qualifications of issuer and purchaser.

§32-5-504. Qualifications of offers, sales and transactions.

§32-5-505. West Virginia Crowdfunding Portal Requirements

CHAPTER 32, ARTICLE 6. THE PROTECTION OF ELIGIBLE ADULTS FROM FINANCIAL EXPLOITATION.

§32-6-601. Short title.

§32-6-602. Definitions.

§32-6-603. Governmental Disclosures.

§32-6-604. Immunity for Governmental Disclosures.

§32-6-605. Third-Party Disclosures.

§32-6-606. Immunity for Third-Party Disclosures.

§32-6-607. Delaying Transactions or Disbursements.

§32-6-608. Immunity for Delaying Transactions or Disbursements.

§32-6-609. Records.

§32-6-610. Immunity for Complying with Records Requests.

CHAPTER 32A. LAND SALES; FALSE ADVERTISING; ISSUANCE AND SALE OF CHECKS, DRAFTS, MONEY ORDERS, ETC.

CHAPTER 32A, ARTICLE 1. LAND SALES; FALSE ADVERTISING.

§32A-1-1. Filing and registration with respect to lands prerequisite to sale, etc., within state.

§32A-1-2. False advertising prohibited; penalty.

§32A-1-3. Indictment need not negative exceptions.

CHAPTER 32A, ARTICLE 2. CHECKS AND MONEY ORDER SALES, MONEY TRANSMISSION SERVICES, TRANSPORTATION AND CURRENCY EXCHANGE.

§32A-2-1. Definitions.

§32A-2-2. License required.

§32A-2-3. Exemptions.

§32A-2-4. License application, issuance, and renewal.

§32A-2-5. Fees.

§32A-2-6. Denial of license or renewal of license.

§32A-2-7. Authorization to propose rules.

§32A-2-8. Qualifications for license or renewal of license.

§32A-2-8a. Information requirements for certain individuals and change in control.

§32A-2-8b. Permissible Investments.

§32A-2-9. Access to criminal history information.

§32A-2-10. Bond.

§32A-2-11. Examination and fraudulently structured transactions.

§32A-2-12. Investigations and subpoenas.

§32A-2-13. Notification requirements.

§32A-2-14. Records maintenance.

§32A-2-15. Transaction records.

§32A-2-16. Enforcement.

§32A-2-17. Cooperative agreements.

§32A-2-18. Criminal penalty.

§32A-2-19. Civil penalty.

§32A-2-20. Injunction.

§32A-2-21. Consent orders.

§32A-2-22. Cease and desist orders.

§32A-2-23. Liability of licensees.

§32A-2-24. Confidential information.

§32A-2-25. Hearing on suspension or revocation of license.

§32A-2-26. Deceptive name or advertising.

§32A-2-27. Authorized delegates.

§32A-2-28. Revocation or suspension of authorized delegates.

CHAPTER 32A, ARTICLE 3. CHECK CASHING.

§32A-3-1. Check cashing permitted.

§32A-3-2. Obstruction of investigations.

§32A-3-3. Violations and penalties.

§32A-3-4. Injunctions.

CHAPTER 32B. THE WEST VIRGINIA COMMODITIES ACT.

CHAPTER 32B, ARTICLE 1. GENERAL PROVISIONS.

§32B-1-1. Definitions.

§32B-1-2. Unlawful commodity transactions.

§32B-1-3. Exempt person transactions.

§32B-1-4. Exempt transactions.

§32B-1-5. Unlawful commodity activities.

§32B-1-6. Fraudulent conduct.

§32B-1-7. Liability of principals, controlling persons and others.

§32B-1-8. Securities laws unaffected.

§32B-1-9. Purpose.

CHAPTER 32B, ARTICLE 2. ADMINISTRATION AND ENFORCEMENT.

§32B-2-1. Investigations.

§32B-2-2. Enforcement of chapter.

§32B-2-3. Power of court to grant relief.

§32B-2-4. Criminal penalties.

§32B-2-5. Administration of chapter.

§32B-2-6. Cooperation with other agencies.

§32B-2-7. General authority to adopt rules, forms and orders.

§32B-2-8. Consent to service of process.

§32B-2-9. Scope of the chapter.

§32B-2-10. Procedure for entry of an order.

§32B-2-11. Judicial review of orders.

§32B-2-12. Pleading exemptions.

§32B-2-13. Affirmative defense.

CHAPTER 32B, ARTICLE 3. NOTICE FILING.

§32B-3-1. Definitions.

CHAPTER 32B, ARTICLE 4. SEVERABILITY AND SAVING PROVISIONS.

§32B-4-1. Severability of provisions.

§32B-4-2. Saving provisions.

CHAPTER 33.  INSURANCE.

CHAPTER 33, ARTICLE 1. DEFINITIONS.

§33-1-1. Insurance.

§33-1-2. Insurer.

§33-1-3. Person.

§33-1-4. Repealed. Acts, 2001 Reg. Sess., Ch. 158.

§33-1-5. Commissioner.

§33-1-6. Domestic insurer.

§33-1-7. Foreign insurer.

§33-1-8. Alien insurer.

§33-1-9. State; United States.

§33-1-10. Kinds of insurance defined.

§33-1-11. Reinsurance.

§33-1-12. Agent.

§33-1-13. Solicitor.

§33-1-14. Broker.

§33-1-15. Reciprocal insurance.

§33-1-16. Policy.

§33-1-17. Premium.

§33-1-18. Stock insurer.

§33-1-19. Mutual insurer.

§33-1-20. Repealed. Acts, 2001 Reg. Sess., Ch. 158.

§33-1-21. Emergency services.

§33-1-22. Repealed. Acts, 2002 Reg. Sess., Ch. 181.

CHAPTER 33, ARTICLE 2. INSURANCE COMMISSIONER.

§33-2-1. Office continued; appointment, qualifications and term.

§33-2-2. Compensation and expenses of commissioner and employees; location of office.

§33-2-3. Duties of the commissioner; employment of legal counsel.

§33-2-3a. Administrative investigations.

§33-2-4. Authority to take depositions, subpoena witnesses, etc.

§33-2-5. Witness fees.

§33-2-6. Service of subpoena; compelling compliance.

§33-2-7. Immunity of witness.

§33-2-8. Insured to produce records upon request.

§33-2-9. Examination of insurers, agents, brokers and solicitors; access to books, records, etc.

§33-2-9a. Imposing a one-time assessment on all insurance carriers.

§33-2-10. Rules and regulations.

§33-2-10a. Insurance emergencies -- suspension of deadlines.

§33-2-11. Enforcement of orders; revocation of licenses; court action.

§33-2-12. Notice.

§33-2-13. Hearings.

§33-2-14. Judicial review.

§33-2-15. Annual report by commissioner.

§33-2-15a. Annual flood insurance communication to public entities by commissioner.

§33-2-15b. Reports to the Legislature.

§33-2-15c. Reports to the Legislature.

§33-2-15d. Report to the Legislature.

§33-2-16. Office of Consumer Advocacy established; Director of Consumer Advocacy; promulgation of rules.

§33-2-17. Office of Consumer Advocacy.

§33-2-18. Funding.

§33-2-19. Confidentiality of information.

§33-2-20. Authority of Commissioner to allow withdrawal of insurance carriers from doing business in the state.

§33-2-21. Authority of Insurance Commissioner to regulate Workers' Compensation industry; authority of Insurance Commissioner to administer chapter twenty-three of the Code of West Virginia.

§33-2-21a. State agency workers' compensation programs.

§33-2-22. Authority of Insurance Commissioner regarding employers in default to workers' compensation funds; injunctions against defaulting employers.

§33-2-23. Transfer of assets of the State Office of the National Flood Insurance Program.

§33-2-24. Authority of Insurance Commissioner to enforce No Surprises Act; administrative penalties; injunctive relief; regulatory assistance of other agencies; rulemaking; effective date.

CHAPTER 33, ARTICLE 3. LICENSING, FEES AND TAXATION OF INSURERS.

§33-3-1. License required.

§33-3-2. Qualifications for license.

§33-3-3. Prerequisites to issuance of charter for domestic insurer.

§33-3-4. Charter, documents and information to be filed.

§33-3-5. Repealed. Acts, 1993 Reg. Sess., Ch. 67.

§33-3-5a. Repealed. Acts, 1993 Reg. Sess., Ch. 67.

§33-3-5b. Capital and surplus requirements.

§33-3-6. Property and casualty, financial guaranty and mortgage guaranty insurers - Deposit requirements.

§33-3-7. Issuance of license to transact insurance; kinds of insurance authorized to be transacted.

§33-3-8. Expiration of license; renewal.

§33-3-9. Refusal to license.

§33-3-10. Mandatory refusal, revocation or suspension.

§33-3-11. Discretionary refusal, revocation or suspension; penalty in lieu thereof; reissuance.

§33-3-12. Deceptive, misleading or conflicting names of insurers.

§33-3-13. Fees and charges.

§33-3-14. Annual financial statement and premium tax return; remittance by insurer of premium tax, less certain deductions; special revenue funds created.

§33-3-14a. Additional premium tax.

§33-3-14b. Credits against premium tax for investment in West Virginia securities.

§33-3-14c. Computation and payment of tax.

§33-3-14d. Additional fire and casualty insurance premium tax; allocation of proceeds; effective date.

§33-3-14e. Use of insurance premium tax proceeds to support health sciences and medical schools.

§33-3-15. Annuity tax.

§33-3-16. Retaliation.

§33-3-17. Minimum tax payable.

§33-3-18. Repealed. Acts, 2001 Reg. Sess., Ch. 158.

§33-3-19. Repealed. Acts, 2001 Reg. Sess., Ch. 158.

§33-3-20. Repealed. Acts, 2001 Reg. Sess., Ch. 158.

§33-3-21. Repealed. Acts, 2001 Reg. Sess., Ch. 158.

§33-3-22. Repealed. Acts, 2001 Reg. Sess., Ch. 158.

§33-3-23. Repealed. Acts, 2001 Reg. Sess., Ch. 158.

§33-3-24. Repealed. Acts, 2001 Reg. Sess., Ch. 158.

§33-3-25. Repealed. Acts, 2001 Reg. Sess., Ch. 158.

§33-3-26. Repealed. Acts, 2001 Reg. Sess., Ch. 158.

§33-3-27. Repealed. Acts, 2001 Reg. Sess., Ch. 158.

§33-3-28. Repealed. Acts, 2001 Reg. Sess., Ch. 158.

§33-3-29. Repealed. Acts, 2001 Reg. Sess., Ch. 158.

§33-3-30. Repealed. Acts, 2001 Reg. Sess., Ch. 158.

§33-3-31. Repealed. Acts, 2001 Reg. Sess., Ch. 158.

§33-3-32. Repealed. Acts, 2001 Reg. Sess., Ch. 158.

§33-3-33. Surcharge on fire and casualty insurance policies to benefit volunteer and part-volunteer fire departments; Public Employees Insurance Agency and municipal pension plans; special fund created; allocation of proceeds; effective date.

§33-3-33a. Excess moneys of Fire Protection Fund deposited into Volunteer Fire Department Workers’ Compensation Premium Subsidy Fund; other funding; special report from State Fire Marshal by December 15, 2015; termination of program June 30, 2022.

§33-3-33b. Report regarding volunteer firefighter workers' compensation coverage.

CHAPTER 33, ARTICLE 3A. STATE OF ENTRY FOR FOREIGN INSURERS.

§33-3A-1. Definitions.

§33-3A-2. Scope.

§33-3A-3. Authorization of entry.

§33-3A-4. Maintenance of trust account.

§33-3A-5. Requirements for trust agreement.

§33-3A-6. Reporting requirements for U.S. branches of nonU.S. insurers.

§33-3A-7. Additional requirements for the U.S. branch license.

§33-3A-8. Authority of commissioner.

CHAPTER 33, ARTICLE 4. GENERAL PROVISIONS.

§33-4-1. Compliance with chapter required.

§33-4-2. Application of chapter to particular types of insurers.

§33-4-3. Expiration of existing licenses.

§33-4-4. Effect of chapter on existing contracts.

§33-4-5. Continuation of existing forms and filings.

§33-4-6. Effect of repealed laws on existing rights, actions or punishments.

§33-4-7. Particular provisions prevail over general provisions.

§33-4-8. General penalty.

§33-4-9. Repeal of inconsistent provisions; prior law not revived.

§33-4-10. Severability.

§33-4-11. Effective date of chapter.

§33-4-12. Service of process on licensed insurers.

§33-4-13. Service of process on unlicensed insurers.

§33-4-14. Financial statement filings; annual and quarterly statements; required format; foreign insurers; agents of the commissioner.

§33-4-15. Reinsurance.

§33-4-15a. Credit for reinsurance.

§33-4-15b. Reinsurance agreements; reduction of liability; requirements.

§33-4-16. Limit of risk.

§33-4-17. Prohibited interests of officers and directors in certain transactions.

§33-4-18. Representation of unlicensed insurers prohibited; liability; exceptions.

§33-4-19. Domestics to comply with reciprocal state laws.

§33-4-20. Cancellation, nonrenewal or limitation of coverage of life or sickness and accident insurance.

§33-4-21. Deceptive sales on military bases prohibited; rules.

§33-4-22. Payment for services; collaborative relationship is not required.

§33-4-23. Guaranteed Asset Protection Waivers.

CHAPTER 33, ARTICLE 4A. ALL-PAYER CLAIMS DATABASE.

§33-4A-1. Definitions.

§33-4A-2. Establishment and development of an all-payer claims database.

§33-4A-3. Powers of the secretary; exemption from purchasing rules.

§33-4A-4. Data subject to this article.

§33-4A-5. User fees; waiver.

§33-4A-6. Enforcement; injunctive relief.

§33-4A-7. Special revenue account created.

§33-4A-8. Rule-making authority.

CHAPTER 33, ARTICLE 5. ORGANIZATION AND PROCEDURES OF DOMESTIC STOCK AND MUTUAL INSURERS.

§33-5-1. Scope of article.

§33-5-2. Application of general laws.

§33-5-3. Articles of incorporation.

§33-5-4. Certificate of incorporation.

§33-5-5. Amendment of articles of incorporation.

§33-5-6. Formation of mutuals -- Applications for insurance.

§33-5-7. Formation of mutuals -- Deposit of premiums; filing of trust agreement; issuance and effective date of policies.

§33-5-8. Formation of mutuals -- Assets required; temporary capital stock.

§33-5-9. Mutual bylaws.

§33-5-10. Mutual quorum.

§33-5-11. Mutual membership.

§33-5-12. Corporate rights of mutual members.

§33-5-13. Contingent liability of mutual members.

§33-5-14. Enforcement of contingent liability.

§33-5-15. Mutual nonassessable policies.

§33-5-16. Participating policies.

§33-5-17. Dividends to stockholders.

§33-5-18. Dividends to mutual members.

§33-5-19. Illegal dividends; liability; penalty.

§33-5-20. Borrowing by insurers.

§33-5-21. Management and exclusive agency contracts.

§33-5-22. Impairment of capital or assets.

§33-5-23. Mutualization of stock insurer.

§33-5-24. Converting mutual insurer.

§33-5-25. Mergers and consolidations of stock insurers.

§33-5-26. Reinsurance.

§33-5-27. Redomestication of stock and mutual insurers.

§33-5-28. Mergers and consolidations of mutual insurers.

§33-5-29. Mutual member's share of assets on liquidation.

§33-5-30. Insider trading.

§33-5-31. Proxies, consents and authorizations in respect of any voting security issued by a domestic insurer.

§33-5-32. Principal place of business of domestic insurers.

CHAPTER 33, ARTICLE 6. THE INSURANCE POLICY.

§33-6-1. Scope of article.

§33-6-2. Insurable interest in one's own life or life of another; actions to recover benefits; insurable interests defined; requirements for charitable institutions.

§33-6-3. Insurable interest in property.

§33-6-4. Who may contract for insurance; competency of minors.

§33-6-5. Application or consent of person insured required; exceptions.

§33-6-5a. Application for life or accident and sickness insurance; signatures required; exemptions; right of insured to return policy.

§33-6-6. Application for insurance as evidence.

§33-6-7. Representations in applications.

§33-6-8. Filing of forms.

§33-6-9. Grounds for disapproval of forms.

§33-6-10. Standard provisions.

§33-6-11. Contents of policy.

§33-6-11a. Right to return Medicare supplement policy, certificate or contract.

§33-6-11b. Right to return life or accident and sickness insurance policy, certificate or contract.

§33-6-12. Additional contents of policy.

§33-6-13. Policy provisions as to charter, bylaws, or other documents.

§33-6-14. Certain policy conditions, etc., voided.

§33-6-14a. Public liability insurance policies issued to charitable associations to contain provision for waiving of charitable immunity defense.

§33-6-15. Execution of policies.

§33-6-15a. Notation of consumer cost savings.

§33-6-16. Underwriters' and combination policies.

§33-6-17. Validity of noncomplying forms.

§33-6-18. Binders.

§33-6-19. Renewal of policy by certificate or endorsement.

§33-6-20. Assignment of policies.

§33-6-21. Annulment of liability policies.

§33-6-22. Payment discharges insurer.

§33-6-23. Repealed. Acts, 1993 Reg. Sess., Ch. 69.

§33-6-24. Simultaneous deaths.

§33-6-25. Proof of loss forms.

§33-6-26. Acts of insurer not constituting waiver of policy provisions or defenses thereunder.

§33-6-27. Life insurance proceeds exempt from creditors.

§33-6-28. Group life insurance proceeds exempt from creditors.

§33-6-29. Motor vehicle policy; injuries to guest passengers; coverage for loaned or leased motor vehicles; exceptions.

§33-6-30. Construction of policies.

§33-6-31. Motor vehicle policy; omnibus clause; uninsured and underinsured motorists' coverage; conditions for recovery under endorsement; rights and liabilities of insurer.

§33-6-31a. Rates charged for uninsured motorist coverage.

§33-6-31b. Nondiscriminatory automobile insurance rates for handicapped persons.

§33-6-31c. Substandard risk motor vehicle insurance policies; definitions; required notices and provisions; promulgation of rules; effective date; money penalty for failure to give required notice.

§33-6-31d. Form for making offer of optional uninsured and underinsured coverage.

§33-6-31e. Notice of proposed settlement for policy limits to underinsured motorist coverage carrier; waiver of subrogation; time limits.

§33-6-31f. Uninsured and underinsured motorists' coverage optional on umbrella and excess type liability policies.

§33-6-31g. Electronic insurance verification program; insurer's duty to cooperate.

§33-6-31h. Excluded drivers; definitions; legislative findings; restrictive endorsements.

§33-6-32. Newly born children to be covered by all health insurance policies.

§33-6-33. Valuation of motor vehicle involved in claim.

§33-6-34. Fee for form, rate, and rule filing.

§33-6-35. Mass marketed life and health insurance.

§33-6-36. Continuation of coverage under automobile liability policy; selection of coverage; exclusions; notice.

§33-6-37. Cancellation or nonrenewal of a combination insurance policy; offer of optional coverage; date of inception of optional coverage.

§33-6-38. Lyme disease to be covered by all health insurance policies.

§33-6-39. Prohibitions related to dental insurance plans, agreements, charges, and reimbursements; definitions.

§33-6-40. Military service as factor in insurance rates.

CHAPTER 33, ARTICLE 6A. CANCELLATION OR NONRENEWAL OF AUTOMOBILE LIABILITY POLICIES.

§33-6A-1. Cancellation prohibited except for specified reasons; notice.

§33-6A-1a. Loss payee defined; notification of cancellation and nonrenewal to loss payee.

§33-6A-2. Cancellation for other reasons void.

§33-6A-3. Insurer to specify reasons for cancellation; immunity from liability or suit.

§33-6A-4. Advance notice of nonrenewal required; assigned risk policies; reasons for nonrenewal; hearing and review after nonrenewal.

§33-6A-4a. Alternative method for nonrenewal for automobile liability and physical damage insurance.

§33-6A-4b. Manner of making election relating to nonrenewals.

§33-6A-4c. Report to the Legislature.

§33-6A-5. Hearings and review by commissioner; action by commissioner; judicial review.

CHAPTER 33, ARTICLE 6B. DECLINATION OF AUTOMOBILE LIABILITY INSURANCE.

§33-6B-1. Purpose of article.

§33-6B-2. Definitions.

§33-6B-3. Declinations; prohibited reasons.

§33-6B-4. Notification.

§33-6B-5. Hearings and administrative procedure.

§33-6B-6. Sanctions.

§33-6B-7. Severability.

CHAPTER 33, ARTICLE 6C. GUARANTEED LOSS RATIOS AS APPLIED TO INDIVIDUAL SICKNESS AND ACCIDENT INSURANCE POLICIES.

§33-6C-1. Loss ratio guarantees; definitions.

§33-6C-2. Insurance commissioner to establish guaranteed loss ratios; minimum rates; participation by insurer; calculation of ratios; minimum rate; application.

§33-6C-3. Duties of Insurance Commissioner; promulgation of rules.

§33-6C-4. Form of guarantee; requirements.

§33-6C-5. Premium refunds; calculation of the same; payments.

§33-6C-6. Disclosure of rating practices; renewability provisions.

§33-6C-7. Rejection of guarantees; notice; hearing.

CHAPTER 33, ARTICLE 6D. MOTOR VEHICLE REPAIR AND REPLACEMENT REFERRALS.

§33-6D-1. Required use of particular companies or locations providing automobile glass replacement or repair services or products prohibited.

§33-6D-2. Intimidation, coercion and other acts prohibited; permissive agreements.

§33-6D-3. Permissible referrals; freedom of choice; payment of costs at prevailing market rates.

CHAPTER 33, ARTICLE 6F. DISCLOSURE OF NONPUBLIC PERSONAL INFORMATION.

§33-6F-1. Privacy; rules.

§33-6F-2. Disclosure of certain insurance information required.

CHAPTER 33, ARTICLE 7. ASSETS AND LIABILITIES.

§33-7-1. Assets defined.

§33-7-2. Deductions from assets and liabilities.

§33-7-3. Assets not allowed.

§33-7-4. Reporting assets not allowed or of doubtful value.

§33-7-5. Liabilities.

§33-7-6. Unearned premium reserve.

§33-7-7. Reserves for accident and sickness insurance.

§33-7-8. Increased reserves.

§33-7-9. Standard Valuation Law.

§33-7-9a. Annuity mortality tables.

§33-7-10. Valuation of bonds.

§33-7-11. Valuation of other securities.

§33-7-12. Valuation of real property.

§33-7-13. Valuation of mortgages or deeds of trust.

CHAPTER 33, ARTICLE 8. INVESTMENTS.

§33-8-1. Purpose and scope.

§33-8-2. Definitions.

§33-8-3. General investment qualifications.

§33-8-4. Authorization of investments by the board of directors.

§33-8-5. Prohibited investments.

§33-8-6. Loans to officers and directors.

§33-8-7. Valuation of investments.

§33-8-8. Rules.

§33-8-9. Life and health insurers - Applicability.

§33-8-10. Same - General three percent diversification, medium and lower grade investments and Canadian investments.

§33-8-11. Same - Rated credit instruments.

§33-8-12. Same - Insurer investment pools.

§33-8-13. Same - Equity interests.

§33-8-14. Same - Tangible personal property under lease.

§33-8-15. Same - Mortgage loans and real estate.

§33-8-16. Same - Securities lending, repurchase, reverse repurchase and dollar roll transactions.

§33-8-17. Same - Foreign investments and foreign currency exposure.

§33-8-18. Same - Derivative transactions.

§33-8-19. Same - Policy loans.

§33-8-20. Same - Additional investment authority.

§33-8-21. Property and casualty, financial guaranty and mortgage guaranty insurers - Applicability.

§33-8-22. Same - Reserve requirements.

§33-8-23. Same - General five percent diversification, medium and lower grade investments and Canadian investments.

§33-8-24. Same - Rated credit instruments.

§33-8-25. Same - Insurer investment pools.

§33-8-26. Same - Equity interests.

§33-8-27. Same - Tangible personal property under lease.

§33-8-28. Same - Mortgage loans and real estate.

§33-8-29. Same - Securities lending, repurchase, reverse repurchase and dollar roll transactions.

§33-8-30. Same - Foreign investments and foreign currency exposure.

§33-8-31. Same - Derivative transactions.

§33-8-32. Same - Additional investment authority.

CHAPTER 33, ARTICLE 8A. USE OF CLEARING CORPORATIONS AND FEDERAL RESERVE BOOK-ENTRY SYSTEM.

§33-8A-1. Purpose.

§33-8A-2. Definitions.

§33-8A-3. Use of book-entry systems and clearing corporations.

§33-8A-4. Deposit of securities by domestic insurance companies.

§33-8A-5. Deposit of securities by foreign insurance companies.

§33-8A-6. Custody agreements; requirements.

§33-8A-7. Deposit with affiliates; requirements.

§33-8A-8. Repealed. Acts, 2005 Reg. Sess., Ch. 138.

CHAPTER 33, ARTICLE 9. ADMINISTRATION OF DEPOSITS.

§33-9-1. Deposits of insurers.

§33-9-2. Purpose of deposits.

§33-9-3. Assets eligible for deposit.

§33-9-4. Trust companies as depositories; state responsible for safekeeping and return of deposits.

§33-9-5. Rights of solvent insurer.

§33-9-6. Excess deposits.

§33-9-7. Release of deposits -- Generally.

§33-9-8. Release of deposits -- Order of commissioner required.

§33-9-9. Deposit not subject to levy; exception.

CHAPTER 33, ARTICLE 10. REHABILITATION AND LIQUIDATION.

§33-10-1. Definitions.

§33-10-2. Jurisdiction, venue and appeal of delinquency proceedings; exclusive remedy.

§33-10-3. Court's seizure order.

§33-10-4. Injunctions and other orders.

§33-10-4a. Commencement of formal delinquency proceeding.

§33-10-4b. Return of summons and summary hearing.

§33-10-4c. Proceedings for expedited trial, continuances, discovery, evidence.

§33-10-4d. Decision and appeals.

§33-10-4e. Confidentiality.

§33-10-5. Grounds for rehabilitation of domestic insurers.

§33-10-6. Grounds for liquidation.

§33-10-7. Grounds for conserving assets of foreign insurers.

§33-10-8. Grounds for conserving assets of alien insurers.

§33-10-9. Grounds for ancillary liquidation of foreign insurers.

§33-10-10. Order of rehabilitation.

§33-10-11. Order of liquidation of domestic insurer.

§33-10-12. Order of liquidation of alien insurers.

§33-10-13. Order of conservation or ancillary liquidation of foreign or alien insurers.

§33-10-14. Conduct of delinquency proceedings against domestic or alien insurers.

§33-10-15. Conduct of delinquency proceedings against foreign insurers.

§33-10-16. Claims of nonresidents against domestic insurers.

§33-10-17. Claims against foreign insurers.

§33-10-18. Proof of claims.

§33-10-19. Priority of certain claims.

§33-10-19a. Priority of distribution.

§33-10-20. Attachment, garnishment or execution.

§33-10-21. Uniform Insurers Liquidation Act.

§33-10-22. Deposit of moneys collected.

§33-10-23. Exemption of commissioner from fees.

§33-10-24. Borrowing on pledge of assets.

§33-10-25. Date rights fixed on liquidation.

§33-10-26. Voidable preferences and liens.

§33-10-26a. Fraudulent transfers prior to petition.

§33-10-26b. Recoupment from affiliates.

§33-10-26c. Fraudulent transfer after petition.

§33-10-26d. Claims of holders of void or voidable rights.

§33-10-27. Repealed. Acts, 2004 Reg. Sess., Ch. 143.

§33-10-28. Setoffs.

§33-10-29. Allowance of certain claims.

§33-10-30. Time within which claims to be filed.

§33-10-31. Report for assessment against members or subscribers of mutual or reciprocal insurers.

§33-10-32. Levy of assessment.

§33-10-33. Order to pay assessment.

§33-10-34. Publication and service of assessment order.

§33-10-35. Judgment upon the assessment.

§33-10-36. Early access to distribution.

§33-10-37. Distribution of assets.

§33-10-38. Unclaimed and withheld funds; termination of proceedings.

§33-10-39. Immunity in receivership proceedings and representation of the special deputy supervisor.

§33-10-40. Applicability of amendments.

§33-10-41. Reinsurer's liability.

CHAPTER 33, ARTICLE 11. UNFAIR TRADE PRACTICES.

§33-11-1. Declaration of purpose.

§33-11-2. Definitions.

§33-11-3. Unfair methods of competition and unfair or deceptive acts or practices prohibited.

§33-11-4. Unfair methods of competition and unfair or deceptive acts or practices defined.

§33-11-4a. Complaints by third-party claimants; elimination of private cause of action.

§33-11-4b. Unfair Claims Settlement Practice Trust Fund.

§33-11-5. Favored agent or insurer; coercion of debtors.

§33-11-5a. Replacement of life insurance.

§33-11-6. Violations, cease and desist and penalty orders and modifications thereof.

§33-11-7. Undefined acts or practices.

§33-11-8. Penalty for violation of cease and desist orders.

§33-11-9. Provisions of article additional to existing law.

§33-11-10. Severability.

CHAPTER 33, ARTICLE 11A. INSURANCE SALES CONSUMER PROTECTION ACT.

§33-11A-1. Short title.

§33-11A-2. Purpose.

§33-11A-3. Definitions.

§33-11A-4. Authorization to implement regulations.

§33-11A-5. Licensure requirement for insurance sales.

§33-11A-6. Insurance sales separate from loan transaction.

§33-11A-7. Referrals by unlicensed persons allowed.

§33-11A-8. Tying of products prohibited.

§33-11A-9. Disclosures.

§33-11A-10. Timing of insurance solicitation.

§33-11A-11. Insurance in connection with a loan.

§33-11A-12. Prohibition of discrimination against agents or brokers.

§33-11A-13. Confidentiality of insurance information obtained by financial institutions.

§33-11A-14. Physical location of insurance sales.

§33-11A-15. Insurance records to be kept separate.

§33-11A-16. Severability.

CHAPTER 33, ARTICLE 11B. WEST VIRGINIA AIR AMBULANCE PATIENT PROTECTION ACT.

§33-11B-1. Air ambulance membership products as insurance.

CHAPTER 33, ARTICLE 12. INSURANCE PRODUCERS AND SOLICITORS.

§33-12-1. Purpose and scope.

§33-12-2. Definitions.

§33-12-3. License required.

§33-12-4. Exceptions to licensing.

§33-12-5. Application for examination.

§33-12-6. Application for license.

§33-12-6a. Residency-Individuals-Agencies.

§33-12-6b. Licensing of agencies.

§33-12-7. Board of insurance agent education.

§33-12-8. Continuing education required.

§33-12-8a. Producer training for long-term care products; record retention requirements.

§33-12-9. Issuance of license.

§33-12-10. Fees.

§33-12-11. Countersignature.

§33-12-12. Nonresident licensing.

§33-12-13. Agent resident in contiguous municipalities.

§33-12-14. Exemption from examination.

§33-12-15. Assumed names.

§33-12-16. Temporary licensing.

§33-12-17. Expiration of license; renewal.

§33-12-18. Individual insurance producer to deal only with licensed insurer or solicitor; appointment as individual insurance producer required.

§33-12-19. Solicitor to act only through appointed agent.

§33-12-20. Personal liability of agent.

§33-12-21. Coverage must be placed with a solvent insurer.

§33-12-22. Person soliciting insurance is agent of insurer.

§33-12-23. Payment of commissions.

§33-12-24. Revocation, suspension or refusal to renew license; penalty.

§33-12-25. Termination of authority to represent insurer.

§33-12-26. Repealed. Acts, 2004 Reg. Sess., Ch. 141.

§33-12-27. Payment of commissions under assigned risk plan.

§33-12-28. Service representative permit.

§33-12-29. Notice of hearing before the commissioner; failure to appear; entry of orders; appeal.

§33-12-30. Termination of contractual relationship prohibited.

§33-12-31. Termination of contractual relationship; continuation of certain commissions; exceptions.

§33-12-32. Limited licenses for rental companies.

§33-12-32a. Exemption for Portable Electronics.

§33-12-32b. Travel Insurance Entity Producer Limited License Act.

§33-12-33. Reciprocity.

§33-12-34. Reporting of actions.

§33-12-35. Regulations.

§33-12-36. Severability.

§33-12-37. Authorization for criminal history record check; fees; rules.

§33-12-38. Self-Service Storage Limited License Act.

CHAPTER 33, ARTICLE 12A. CONTRACTUAL RELATIONSHIPS BETWEEN INSURANCE COMPANIES AND AGENTS.

§33-12A-1. Declaration of purpose.

§33-12A-2. Definitions.

§33-12A-3. Termination of contractual relationship; notice; good cause.

§33-12A-4. Notice of cancellation void in certain cases.

§33-12A-5. Violation of provisions of this article; statute of limitations.

CHAPTER 33, ARTICLE 12B. ADJUSTERS.

§33-12B-1. Definitions.

§33-12B-2. License required.

§33-12B-3. Exemptions from license requirement.

§33-12B-4. Temporary licensure for emergency company or independent adjusters.

§33-12B-4a. Exemptions from license.

§33-12B-5. Qualifications for resident adjuster’s license; examination; exemptions.

§33-12B-6. Authorization for criminal history record check; fees.

§33-12B-7. Lines of authority.

§33-12B-8. License fees.

§33-12B-9. Licensing of nonresident adjusters.

§33-12B-10. Expiration of license; renewal.

§33-12B-10a. Reporting of actions.

§33-12B-11. Denial, revocation, suspension, probation, or refusal to renew license; penalties; violations.

§33-12B-11a. Emergency adjusters and insurance emergencies; definitions; authorization of temporary emergency adjusters; applications; limitations and authority.

§33-12B-12. Rules.

§33-12B-13. Continuing education.

§33-12B-14. Current address of adjusters to be filed; effective notice of appearance at hearing before commissioner.

§33-12B-15. Effective date for 2020 amendments.

CHAPTER 33, ARTICLE 12C. SURPLUS LINE.

§33-12C-1. Short title.

§33-12C-2. Purpose - necessity for regulation.

§33-12C-3. Definitions.

§33-12C-4. Placement of insurance business.

§33-12C-5. Surplus lines insurance.

§33-12C-6. Withdrawal of eligibility as a surplus lines insurer.

§33-12C-6a. Debris removal liens; noncompliance; penalties.

§33-12C-7. Surplus lines tax.

§33-12C-8. Surplus lines licenses.

§33-12C-9. Suspension, revocation or nonrenewal of surplus lines licensee's license.

§33-12C-10. Actions against eligible surplus lines insurers transacting surplus lines business.

§33-12C-11. Duty to file evidence of insurance and affidavits.

§33-12C-12. Evidence of the insurance and subsequent changes to the insurance.

§33-12C-13. Licensee's duty to notify insured.

§33-12C-14. Effect of payment to surplus lines licensee.

§33-12C-15. Surplus lines licensees may accept business from other producers.

§33-12C-16. Records of surplus lines licensee.

§33-12C-17. Reports - summary of exported business.

§33-12C-18. Penalties.

§33-12C-19. Violations.

§33-12C-20. Service of process.

§33-12C-21. Legal or administrative procedures.

§33-12C-22. Enforcement.

§33-12C-23. Suits by nonadmitted insurers.

§33-12C-24. Countersignature requirements.

§33-12C-25. Fees.

§33-12C-26. Coverage must be placed in solvent insurer.

§33-12C-27. Change of address.

§33-12C-28. Separability provisions.

§33-12C-29. Hearings.

CHAPTER 33, ARTICLE 13. LIFE INSURANCE.

§33-13-1. Scope of article.

§33-13-2. Standard provisions required.

§33-13-3. Grace period.

§33-13-4. Incontestability.

§33-13-5. Entire contract.

§33-13-6. Misstatement of age.

§33-13-7. Dividends.

§33-13-8. Loans on policies.

§33-13-8a. Maximum rate of interest on policy loans.

§33-13-9. Nonforfeiture benefits.

§33-13-10. Table of loan values and options.

§33-13-11. Table of installments.

§33-13-12. Reinstatements.

§33-13-13. Payment of premiums.

§33-13-14. Payment of claims.

§33-13-14a. Payment of interest on death claims.

§33-13-15. Title on policy.

§33-13-16. Excluded or restricted coverage.

§33-13-17. Annuity contracts -- Standard provisions.

§33-13-18. Same -- Grace period.

§33-13-19. Same -- Incontestability.

§33-13-20. Same -- Entire contract.

§33-13-21. Same -- Misstatement of age or sex.

§33-13-22. Same -- Dividends.

§33-13-23. Same -- Reinstatement.

§33-13-24. Standard provisions of reversionary annuities.

§33-13-25. Limitation of liability.

§33-13-26. Contestability after reinstatement.

§33-13-27. Power of insurer to hold proceeds of policy under agreement.

§33-13-28. Indebtedness deducted from proceeds.

§33-13-29. Dual or multiple pay policies prohibited.

§33-13-30. Standard nonforfeiture law for life insurance.

§33-13-30a. Standard nonforfeiture law for individual deferred annuities.

§33-13-31. Industrial life insurance -- Required provisions.

§33-13-32. Same -- Grace period.

§33-13-33. Same -- Entire contract; statements in application; deemed representations.

§33-13-34. Same -- Incontestability.

§33-13-35. Same -- Misstatement of age.

§33-13-36. Same -- Dividends.

§33-13-37. Same -- Nonforfeiture benefits; cash surrender values.

§33-13-38. Same -- Reinstatement.

§33-13-39. Same -- Settlement.

§33-13-40. Same -- Beneficiary and facility of payment clause.

§33-13-41. Same -- Direct payment of premiums.

§33-13-42. Same -- Conversion of weekly policies.

§33-13-43. Same -- Conversion of monthly policies.

§33-13-44. Same -- Title on policy.

§33-13-45. Same -- Provisions not required in single premium, term, etc., policies.

§33-13-46. Same -- Prohibited provisions.

§33-13-47. Burial insurance.

§33-13-48. Replacement of existing rule with model rule.

CHAPTER 33, ARTICLE 13A. VARIABLE CONTRACTS.

§33-13A-1. Establishment of separate accounts.

§33-13A-2. Features and benefits.

§33-13A-3. Qualification of companies, subsidiaries and affiliates.

§33-13A-4. Supervisory powers of Insurance Commissioner.

§33-13A-5. Application of other insurance laws, valuation of reserves.

CHAPTER 33, ARTICLE 13B. CHARITABLE GIFT ANNUITIES.

§33-13B-1. Definitions.

§33-13B-2. Charitable gift annuity is not insurance.

§33-13B-3. Notice to donor.

§33-13B-4. Notice to Insurance Commission.

§33-13B-5. Failure to provide required notice; penalties.

§33-13B-6. Unfair or deceptive trade practices act not applicable.

CHAPTER 33, ARTICLE 13C. VIATICAL SETTLEMENTS ACT.

§33-13C-1. Short title.

§33-13C-2. Definitions.

§33-13C-3. License and bond requirements.

§33-13C-4. License revocation and denial.

§33-13C-5. Approval of viatical settlement contracts and disclosure statements.

§33-13C-6. Reporting requirements and privacy.

§33-13C-7. Examination or investigation.

§33-13C-8. Disclosure to viator.

§33-13C-9. Disclosure to insurer.

§33-13C-10. General rules.

§33-13C-11. Prohibited practices.

§33-13C-12. Prohibited practices and conflicts of interest.

§33-13C-13. Advertising for viatical settlements.

§33-13C-14. Fraud prevention and control.

§33-13C-15. Injunctions; civil remedies; cease and desist.

§33-13C-16. Criminal penalties.

§33-13C-17. Authority to promulgate rules.

§33-13C-18. No preemption of securities laws.

CHAPTER 33, ARTICLE 13D. UNCLAIMED LIFE INSURANCE BENEFITS ACT.

§33-13D-1. Definitions.

§33-13D-2. Insurer conduct.

CHAPTER 33, ARTICLE 14. GROUP LIFE INSURANCE.

§33-14-1. Requirements.

§33-14-2. Employee groups.

§33-14-3. Debtor groups.

§33-14-4. Labor union groups.

§33-14-5. Trustee groups.

§33-14-5a. Credit union groups.

§33-14-6. Limits of Group Life Insurance.

§33-14-7. Dependent coverage.

§33-14-8. Group life standard provisions.

§33-14-9. Grace period.

§33-14-10. Incontestability.

§33-14-11. Attachment of application to policy; statements deemed representations; use of statement in contest.

§33-14-12. Insurability.

§33-14-13. Misstatement of age.

§33-14-14. Beneficiary.

§33-14-15. Certificates.

§33-14-16. Conversion on termination of employment or of membership in eligible class.

§33-14-17. Conversion on termination of policy.

§33-14-18. Death pending conversion.

§33-14-19. Certificate or statement of coverage to debtor.

§33-14-20. Notice of conversion rights.

§33-14-21. Application of dividends and rate reductions to cost of insurance.

§33-14-22. Group annuity contracts -- Standard provisions.

§33-14-23. Same -- Grace period.

§33-14-24. Same -- Entire contract.

§33-14-25. Same -- Misstatements.

§33-14-26. Same -- Termination benefits.

§33-14-27. Same -- Group annuity certificates.

§33-14-28. Assignment of incidents of ownership in group life insurance policies including conversion privileges.

§33-14-29. Group annuity plans for employees of county boards of education, the Teachers' Retirement Board, the West Virginia Board of Education, the board of regents and their agencies.

§33-14-30. Payment of claims.

§33-14-30a. Payment of interest on death claims.

CHAPTER 33, ARTICLE 15. ACCIDENT AND SICKNESS INSURANCE.

§33-15-1. Scope of article.

§33-15-1a. Premium rate increase requests; loss ratio requirement.

§33-15-1b. Rates, individual major medical policies.

§33-15-2. Scope and format of policy.

§33-15-2a. Definitions.

§33-15-2b. Guaranteed issue; limitation of coverage; election; denial of coverage; network plans.

§33-15-2c. Feasibility study for alternatives to guaranteed issue.

§33-15-2d. Exceptions to guaranteed renewability.

§33-15-2e. Discontinuation of particular type of coverage; uniform termination of all coverage; uniform modification of coverage.

§33-15-2f. Certification of creditable coverage.

§33-15-2g. Applicability.

§33-15-3. Age limit.

§33-15-4. Required policy provisions.

§33-15-4a. Required policy provisions-mental illness.

§33-15-4b. Policies to cover nursing services; definition.

§33-15-4c. Third party reimbursement for mammography, pap smear or human papilloma virus testing.

§33-15-4d. Third party reimbursement for rehabilitation services.

§33-15-4e. Benefits for mothers and newborns.

§33-15-4f. Third party reimbursement for colorectal cancer examination and laboratory testing.

§33-15-4g. Required coverage for reconstruction surgery following mastectomies.

§33-15-4h. Coverage for patient cost of clinical trials.

§33-15-4i. Third-party reimbursement for kidney disease screening.

§33-15-4j. Required coverage for dental anesthesia services.

§33-15-4k. Maternity coverage.

§33-15-4l. Deductibles, copayments and coinsurance for anti-cancer medications.

§33-15-4m. Eye drop prescription refills.

§33-15-4n. Deductibles, copayments and coinsurance for abuse-deterrent opioid analgesic drugs.

§33-15-4o. Step therapy.

§33-15-4p. Lyme disease to be covered by all health insurance policies.

§33-15-4q. Coverage for amino acid-based formulas.

§33-15-4r. Substance use disorder.

§33-15-4s. Prior authorization.

§33-15-4t. Fairness in Cost-Sharing Calculation.

§33-15-4u. Mental health parity.

§33-15-4v. Incorporation of the Health Benefit Plan Network Access and Adequacy Act.

§33-15-4w. Incorporation of the coverage for 12-month refill for contraceptive drugs.

§33-15-4x. Coverage of emergency medical services to triage and transport to alternative destination or treat in place.

§33-15-5. Optional policy provisions.

§33-15-6. Inapplicable or inconsistent provisions.

§33-15-7. Order of certain provisions.

§33-15-8. Third party ownership of policy covering insured.

§33-15-9. Requirements of other jurisdictions.

§33-15-10. Franchise insurance.

§33-15-11. Hospital indemnity policies not to exclude coverage for confinement in government hospital.

§33-15-12. Continuum of care services.

§33-15-13. Policies not to terminate coverage because of diagnosis or treatment of acquired immune deficiency syndrome.

§33-15-14. Policies discriminating among health care providers.

§33-15-15. Repealed. Acts, 1997 Reg. Sess., Ch. 109.

§33-15-16. Policies not to exclude insured's children from coverage; required services; coordination with other insurance.

§33-15-17. Child immunization services coverage.

§33-15-18. Equal treatment of state agency.

§33-15-19. Coordination of benefits with Medicaid.

§33-15-20. Individual medical savings accounts; definitions; ownership; trustees; regulations.

§33-15-21. Coverage of emergency services.

§33-15-22. Assignment of certain benefits in dental care insurance coverage.

§33-15-23. Copayments for certain services.

CHAPTER 33, ARTICLE 15A. WEST VIRGINIA LONG-TERM CARE INSURANCE ACT.

§33-15A-1. Short title.

§33-15A-2. Declaration of policy and purpose.

§33-15A-3. Applicability.

§33-15A-4. Definitions.

§33-15A-5. Extraterritorial jurisdiction - Group long-term care insurance.

§33-15A-6. Disclosure and performance standards for long-term care insurance.

§33-15A-7. Severability.

§33-15A-8. Incontestability period.

§33-15A-9. Nonforfeiture benefits.

§33-15A-10. Authority to promulgate rules.

§33-15A-11. Penalties.

CHAPTER 33, ARTICLE 15B. UNIFORM HEALTH CARE ADMINISTRATION ACT.

§33-15B-1. Legislative findings; purpose.

§33-15B-2. Scope of article.

§33-15B-3. Insurance commissioner to propose rules; use of standardized forms and classifications; advisory group.

§33-15B-4. Repealed. Acts, 2010 Reg. Sess., Ch. 106.

§33-15B-5. Penalties for violation.

§33-15B-6. Citation of article.

CHAPTER 33, ARTICLE 15C. DIABETES INSURANCE.

§33-15C-1. Insurance for diabetics.

CHAPTER 33, ARTICLE 15D. INDIVIDUAL LIMITED HEALTH BENEFITS PLANS.

§33-15D-1. Repealed. Acts, 2009 Reg. Sess., Ch. 135.

§33-15D-2. Repealed. Acts, 2009 Reg. Sess., Ch. 135.

§33-15D-3. Repealed. Acts, 2009 Reg. Sess., Ch. 135.

§33-15D-4. Repealed. Acts, 2009 Reg. Sess., Ch. 135.

§33-15D-5. Repealed. Acts, 2009 Reg. Sess., Ch. 135.

§33-15D-6. Repealed. Acts, 2009 Reg. Sess., Ch. 135.

§33-15D-7. Repealed. Acts, 2009 Reg. Sess., Ch. 135.

§33-15D-8. Repealed. Acts, 2009 Reg. Sess., Ch. 135.

§33-15D-9. Repealed. Acts, 2009 Reg. Sess., Ch. 135.

§33-15D-10. Repealed. Acts, 2009 Reg. Sess., Ch. 135.

§33-15D-11. Repealed. Acts, 2009 Reg. Sess., Ch. 135.

CHAPTER 33, ARTICLE 15E. DISCOUNT MEDICAL PLAN ORGANIZATIONS AND DISCOUNT PRESCRIPTION DRUG PLAN ORGANIZATIONS ACT.

§33-15E-1. Short title.

§33-15E-2. Purpose.

§33-15E-3. Definitions.

§33-15E-4. Licensing requirements.

§33-15E-5. Minimum capital requirements.

§33-15E-6. Surety bond requirements.

§33-15E-7. Examinations.

§33-15E-8. Charges and fees; refund requirements; bundling of services.

§33-15E-9. Record filing and retention requirements.

§33-15E-10. Provider agreements; provider listing requirements.

§33-15E-11. Marketing requirements.

§33-15E-12. Annual reports.

§33-15E-13. Discount prescription drug plan organizations.

§33-15E-14. Administrative enforcement actions; injunctions.

§33-15E-15. Criminal penalties.

§33-15E-16. Insurance fraud unit.

§33-15E-17. Rules.

CHAPTER 33, ARTICLE 16. GROUP ACCIDENT AND SICKNESS INSURANCE.

§33-16-1. Scope of article.

§33-16-1a. Definitions.

§33-16-1b. Applicability.

§33-16-2. Eligible groups.

§33-16-3. Required policy provisions.

§33-16-3a. Same-mental health.

§33-16-3aa. Step therapy.

§33-16-3b. Home health care coverage.

§33-16-3bb. Coverage for amino acid-based formulas.

§33-16-3c. Loss ratio.

§33-16-3cc. Substance use disorder.

§33-16-3d. Medicare supplement insurance.

§33-16-3dd. Prior authorization.

§33-16-3e. Policies to cover nursing services.

§33-16-3ee. Fairness in Cost-Sharing Calculation.

§33-16-3f. Required policy provisions -- Treatment of temporomandibular joint disorder and craniomandibular disorder.

§33-16-3ff. Mental health parity.

§33-16-3g. Third party reimbursement for mammography, pap smear or human papilloma virus testing.

§33-16-3gg. Incorporation of the Health Benefit Plan Network Access and Adequacy Act.

§33-16-3h. Third party reimbursement for rehabilitation services.

§33-16-3hh. Incorporation of the coverage for 12-month refill for contraceptive drugs.

§33-16-3i. Coverage of emergency services.

§33-16-3j. Hospital benefits for mothers and newborns.

§33-16-3k. Limitations on preexisting condition exclusions for health benefit plans.

§33-16-3l. Renewability and modification of health benefit plans.

§33-16-3m. Creditable coverage.

§33-16-3n. Eligibility for enrollment.

§33-16-3o. Third party reimbursement for colorectal cancer examination and laboratory testing.

§33-16-3p. Required coverage for reconstruction surgery following mastectomies.

§33-16-3q. Required use of mail-order pharmacy prohibited.

§33-16-3r. Coverage for patient cost of clinical trials.

§33-16-3rr. Coverage of emergency medical services to triage and transport to alternative destination or treat in place.

§33-16-3s. Third-party reimbursement for kidney disease screening.

§33-16-3t. Required coverage for dental anesthesia services.

§33-16-3u. Special enrollment period under the American Recovery and Reinvestment Act of 2009.

§33-16-3v. Required coverage for treatment of autism spectrum disorders.

§33-16-3w. Maternity coverage.

§33-16-3x. Deductibles, copayments and coinsurance for anti-cancer medications.

§33-16-3y. Eye drop prescription refills.

§33-16-3z. Deductibles, copayments and coinsurance for abuse-deterrent opioid analgesic drugs.

§33-16-3zz. Lyme disease to be covered by all health insurance policies.

§33-16-4. Size of type.

§33-16-5. Contingencies for which benefits or reimbursement of expenses permitted.

§33-16-6. Rider changing individual policy to group policy prohibited.

§33-16-7. Hospital indemnity policies not to exclude coverage for confinement in government hospital.

§33-16-8. Continuum of care services.

§33-16-9. Policies not to terminate coverage because of diagnosis or treatment of acquired immune deficiency syndrome.

§33-16-10. Policies discriminating among health care providers.

§33-16-11. Group policies not to exclude insured's children from coverage; required services; coordination with other insurance.

§33-16-12. Child immunization services coverage.

§33-16-13. Equal treatment of state agency.

§33-16-14. Coordination of benefits with Medicaid.

§33-16-15. Individual medical savings accounts; definitions; ownership; contributions; trustees; regulations.

§33-16-16. Insurance for diabetics.

§33-16-17. Commissioner to propose rules.

§33-16-18. Assignment of certain benefits in dental care insurance coverage.

§33-16-19. Copayments for certain services.

CHAPTER 33, ARTICLE 16A. GROUP HEALTH INSURANCE CONVERSION.

§33-16A-1. Right of insured to convert from group coverage.

§33-16A-2. Issuance of converted policy.

§33-16A-3. Effective date of policy.

§33-16A-4. Coverage of dependents.

§33-16A-5. Persons for whom coverage not required.

§33-16A-6. Inquiries by insurer.

§33-16A-7. Limits of coverage.

§33-16A-8. Preexisting conditions; reduction of benefits.

§33-16A-9. Alternate plans of conversion coverage.

§33-16A-10. Additional coverage.

§33-16A-10a. Continuum of care services.

§33-16A-11. Combined policy coverage.

§33-16A-12. Coverage following retirement.

§33-16A-13. Other conversion privileges.

§33-16A-14. Benefit levels; election to provide group coverage; notification of conversion privilege; policy delivered outside state.

§33-16A-15. Child immunization services coverage.

CHAPTER 33, ARTICLE 16B. ACCIDENT AND SICKNESS RATES.

§33-16B-1. Filing and approval of accident and sickness rates.

§33-16B-2. Ratemaking standards.

§33-16B-3. Exceptions.

§33-16B-4. Authority of commissioner to promulgate rules and regulations regarding affiliate and subsidiary operating results.

CHAPTER 33, ARTICLE 16C. EMPLOYER GROUP ACCIDENT AND SICKNESS INSURANCE POLICIES.

§33-16C-1. Repealed.Acts, 1997 Reg. Sess., Ch. 109.

§33-16C-2. Repealed.Acts, 1997 Reg. Sess., Ch. 109.

§33-16C-3. Repealed.Acts, 1997 Reg. Sess., Ch. 109.

§33-16C-4. Repealed.Acts, 1997 Reg. Sess., Ch. 109.

§33-16C-5. Repealed.Acts, 1997 Reg. Sess., Ch. 109.

§33-16C-6. Repealed.Acts, 1997 Reg. Sess., Ch. 109.

§33-16C-7. Repealed.Acts, 1997 Reg. Sess., Ch. 109.

§33-16C-8. Repealed.Acts, 1997 Reg. Sess., Ch. 109.

§33-16C-9. Repealed.Acts, 1997 Reg. Sess., Ch. 109.

§33-16C-10. Repealed.Acts, 1997 Reg. Sess., Ch. 109.

CHAPTER 33, ARTICLE 16D. MARKETING AND RATE PRACTICES FOR SMALL EMPLOYER ACCIDENT AND SICKNESS INSURANCE POLICIES.

§33-16D-1. Purpose of article.

§33-16D-2. Definitions.

§33-16D-3. Health insurance plans subject to this article.

§33-16D-4. Discrimination prohibited; guaranteed issue; filing with commissioner; violations and penalties.

§33-16D-5. Premium rates for small employers; classes; maximum rates; eligibility for rate increases.

§33-16D-6. Insurance commissioner to promulgate rules.

§33-16D-7. Renewability of coverage; exceptions.

§33-16D-8. Disclosure of rating practices, renewability provisions and availability of health benefit plans.

§33-16D-9. Maintenance of records.

§33-16D-10. Suspension of requirements.

§33-16D-11. Effective date.

§33-16D-12. Equality of terms; preexisting conditions; continuous coverage restrictions, eligibility for enrollment.

§33-16D-13. Obligations of employer; discrimination as to benefits paid.

§33-16D-14. Child immunization services coverage.

§33-16D-15. Continuation of coverage under small plans.

§33-16D-16. Authorization of uninsured small group health benefit plans.

CHAPTER 33, ARTICLE 16E. CONTRACEPTIVE COVERAGE.

§33-16E-1. Findings; short title.

§33-16E-2. Definitions.

§33-16E-3. Applicability.

§33-16E-4. Parity for contraceptive drugs, devices and outpatient services.

§33-16E-5. Extraordinary surcharges prohibited.

§33-16E-6. Additional prohibitions.

§33-16E-7. Religious employer exemption.

CHAPTER 33, ARTICLE 16F. GROUP LIMITED HEALTH BENEFITS PLANS.

§33-16F-1. Legislative intent.

§33-16F-2. Definitions.

§33-16F-3. Plan proposals; approval of plans.

§33-16F-4. Required plan provisions; grounds for disapproval; alternative plans.

§33-16F-5. Eligibility of individuals and groups.

§33-16F-6. Regulation and marketing of plans.

§33-16F-7. Applicability of certain provisions; commissioner's authority to forbear from applying certain provisions.

§33-16F-8. Assessment of the West Virginia program.

§33-16F-9. Nonentitlement.

§33-16F-10. Emergency and legislative rules authorized.

CHAPTER 33, ARTICLE 16G. WEST VIRGINIA HEALTH BENEFIT EXCHANGE ACT.

§33-16G-1 Repealed Acts, 2017 Reg. Sess., Ch. 35.

§33-16G-2 Repealed Acts, 2017 Reg. Sess., Ch. 35.

§33-16G-3 Repealed Acts, 2017 Reg. Sess., Ch. 35.

§33-16G-4 Repealed Acts, 2017 Reg. Sess., Ch. 35.

§33-16G-5 Repealed Acts, 2017 Reg. Sess., Ch. 35.

§33-16G-6 Repealed Acts, 2017 Reg. Sess., Ch. 35.

§33-16G-7 Repealed Acts, 2017 Reg. Sess., Ch. 35.

§33-16G-8 Repealed Acts, 2017 Reg. Sess., Ch. 35.

§33-16G-9 Repealed Acts, 2017 Reg. Sess., Ch.35.

CHAPTER 33, ARTICLE 16H. REVIEW OF ADVERSE DETERMINATIONS.

§33-16H-1. Definitions.

§33-16H-2. Issuer requirements.

§33-16H-3. Judicial review; enforcement.

§33-16H-4. Rule-making authority; applicability.

CHAPTER 33, ARTICLE 17. FIRE AND MARINE INSURANCE.

§33-17-1. Scope of article.

§33-17-2. Standard fire policy.

§33-17-3. Arrangement of policy.

§33-17-4. Information as to insurer.

§33-17-5. Insertion of provisions required by law or charter.

§33-17-6. Additional contracts, riders or endorsements.

§33-17-6a. Notice of noncoverage of flood damages and the availability of flood insurance.

§33-17-7. Designation as standard policy; agent's name.

§33-17-8. Filing of forms.

§33-17-9. Total or partial fire loss.

§33-17-9a. Repealed. Acts, 2010 Reg. Sess., Ch. 105.

§33-17-9b. Claims for total loss; debris removal proceeds.

§33-17-10. Repealed. Acts, 1993 Reg. Sess., Ch. 80.

§33-17-11. Exclusion of nuclear perils.

§33-17-12. Payment discharges insurer.

CHAPTER 33, ARTICLE 17A. PROPERTY INSURANCE DECLINATION, TERMINATION AND DISCLOSURE.

§33-17A-1. Purpose of article.

§33-17A-2. Scope of article.

§33-17A-3. Definitions.

§33-17A-4. Notification and reasons for a transfer, declination, termination, or renewal with reduction in coverage.

§33-17A-4a. Alternative method for nonrenewal for property insurance.

§33-17A-4b. Manner of making election relating to nonrenewals.

§33-17A-4c. Report to the Legislature.

§33-17A-5. Permissible cancellations.

§33-17A-6. Discriminatory terminations and declinations prohibited.

§33-17A-7. Hearings and administrative procedure.

§33-17A-8. Sanctions.

§33-17A-9. Civil liability and actions.

§33-17A-10. Immunity.

§33-17A-11. Severability.

CHAPTER 33, ARTICLE 18. CASUALTY INSURANCE.

§33-18-1. Association of volunteer fire departments to obtain casualty insurance.

CHAPTER 33, ARTICLE 19. SURETY INSURANCE.

§33-19-1. Surety required in courts or by governmental bodies to be provided by persons licensed in West Virginia.

CHAPTER 33, ARTICLE 20. RATES AND RATING ORGANIZATIONS.

§33-20-1. Purpose and interpretation of article.

§33-20-2. Scope of article.

§33-20-3. Ratemaking.

§33-20-4. Rate filings.

§33-20-4a. Biannual rate filings for certain insurance lines.

§33-20-5. Disapproval of filings.

§33-20-6. Rating organizations.

§33-20-7. Deviations from filings.

§33-20-8. Appeals by members of or subscribers to rating organization.

§33-20-9. Information to be furnished insureds; hearings and appeals of insureds.

§33-20-10. Advisory organizations.

§33-20-11. Joint underwriting or joint reinsurance.

§33-20-12. Examinations.

§33-20-13. Rate administration.

§33-20-14. False or misleading information.

§33-20-15. Assigned risks.

§33-20-16. Penalties.

§33-20-17. Determination of rates on dwellings.

§33-20-18. Reduction of premium charges for persons fifty-five years of age or older.

§33-20-19. Publication of automobile insurance rates.

§33-20-20. Authority of commissioner to promulgate rules and regulations regarding affiliate and subsidiary operating results.

CHAPTER 33, ARTICLE 20A. WEST VIRGINIA ESSENTIAL INSURANCE COVERAGE ACT.

§33-20A-1. Short title.

§33-20A-2. Intent and purpose.

§33-20A-3. West Virginia essential insurance association.

§33-20A-4. Board of directors.

§33-20A-5. General powers.

§33-20A-6. Powers of commissioner and association.

§33-20A-7. Immunity from liability.

CHAPTER 33, ARTICLE 20B. RATES AND MALPRACTICE INSURANCE POLICIES.

§33-20B-1. Scope of article.

§33-20B-2. Rate making.

§33-20B-3. Rate filings.

§33-20B-3a. Rate prohibitions.

§33-20B-4. Disapproval of filings.

§33-20B-5. Rating organizations.

§33-20B-6. Rate review and reporting.

§33-20B-7. Studies by the commissioner.

§33-20B-8. Insurers required to report results of civil actions against physicians or podiatrists; penalties for failure to report; notice and hearing.

§33-20B-9. Authority of commissioner to promulgate rules and regulations regarding affiliate and subsidiary operating results.

CHAPTER 33, ARTICLE 20C. CANCELLATION OR NONRENEWAL OF MALPRACTICE INSURANCE POLICIES.

§33-20C-1. Scope of article.

§33-20C-2. Cancellation prohibited except for specified reasons; notice.

§33-20C-3. Insurer to specify reasons for cancellation.

§33-20C-4. Notice period for cancellation; ninety-day notice required for nonrenewal.

§33-20C-5. Hearings and review.

CHAPTER 33, ARTICLE 20D. TAIL INSURANCE.

§33-20D-1. Scope of article.

§33-20D-2. Definitions.

§33-20D-3. Tail insurance to be offered upon cancellation; availability of amortization; minimum premium rates; penalties for noncompliance.

§33-20D-4. Insurance commissioner to promulgate rules; establish amortization rates.

CHAPTER 33, ARTICLE 20E. WEST VIRGINIA MEDICAL PROFESSIONAL LIABILITY INSURANCE JOINT UNDERWRITING ASSOCIATION ACT.

§33-20E-1. Short title.

§33-20E-2. Legislative findings.

§33-20E-3. Intent and purpose.

§33-20E-4. Definitions.

§33-20E-5. Joint underwriting association.

§33-20E-6. Board of directors.

§33-20E-7. Association's powers and duties.

§33-20E-8. State Board of Risk and Insurance Management to exercise board of directors' powers temporarily; interim plan of operation.

§33-20E-9. Final plan of operation.

§33-20E-10. Duties and powers of commissioner.

§33-20E-11. Eligibility for coverage.

§33-20E-12. Issuance of policy.

§33-20E-13. Rates; initial filing; basis for rates and premiums.

§33-20E-14. The Medical Professional Liability Insurance Fund; capitalization; transfer of assets and liabilities to board of directors.

§33-20E-15. Deposit of funds; investments; premium tax liability; state not responsible for liabilities or expenses of association.

§33-20E-16. Deficit; recoupment; assessments; reimbursement of members.

§33-20E-17. Commissioner to report to board termination of authority to transact insurance.

§33-20E-18. Examination of association.

§33-20E-19. Annual statements.

§33-20E-20. Immunity.

§33-20E-21. Operative date.

CHAPTER 33, ARTICLE 20F. PHYSICIANS' MUTUAL INSURANCE COMPANY.

§33-20F-1. [Repealed.] Acts, 2019 Reg. Sess., Ch. 47.

§33-20F-1a. [Repealed.] Acts, 2019 Reg. Sess., Ch. 47.

§33-20F-2. [Repealed.] Acts, 2019 Reg. Sess., Ch. 47.

§33-20F-3. [Repealed.] Acts, 2019 Reg. Sess., Ch. 47.

§33-20F-4. [Repealed.] Acts, 2019 Reg. Sess., Ch. 47.

§33-20F-5. [Repealed.] Acts, 2019 Reg. Sess., Ch. 47.

§33-20F-6 Repealed Acts, 2018 Reg. Sess., Ch. 132.  

§33-20F-7. [Repealed.] Acts, 2019 Reg. Sess., Ch. 47.

§33-20F-8. [Repealed.] Acts, 2019 Reg. Sess., Ch. 47.

§33-20F-9. [Repealed.] Acts, 2019 Reg. Sess., Ch. 47.

§33-20F-10. [Repealed.] Acts, 2019 Reg. Sess., Ch. 47.

§33-20F-11. [Repealed.] Acts, 2019 Reg. Sess., Ch. 47.

§33-20F-12. [Repealed.] Acts, 2019 Reg. Sess., Ch. 47.

CHAPTER 33, ARTICLE 21. RECIPROCAL INSURERS.

§33-21-1. Scope of article.

§33-21-2. General laws applicable.

§33-21-3. Kinds of insurance.

§33-21-4. Name.

§33-21-5. Attorney.

§33-21-6. Application for license.

§33-21-7. Issuance of license; suspension, revocation or renewal.

§33-21-8. Power of attorney.

§33-21-9. Modification of subscribers' agreement or power of attorney.

§33-21-10. Attorney's bond.

§33-21-11. Annual report.

§33-21-12. Process and venue; annual fee.

§33-21-13. Fees and taxes.

§33-21-14. Who may be subscribers.

§33-21-15. Subscribers' advisory committee.

§33-21-16. Subscribers' liability -- Generally.

§33-21-17. Same -- On judgments.

§33-21-18. Assessments -- Generally.

§33-21-19. Same -- Time limit.

§33-21-20. Same -- Maximum liability.

§33-21-21. Nonassessable policies.

§33-21-22. Distribution of unused premiums, savings or credits.

§33-21-23. Advancement and repayment of funds.

§33-21-24. Rules for determining financial condition of reciprocal insurer.

§33-21-25. Distribution of assets to subscribers upon liquidation.

§33-21-26. Merger or conversion.

CHAPTER 33, ARTICLE 22. FARMERS' MUTUAL FIRE INSURANCE COMPANIES.

§33-22-1. Scope of article.

§33-22-2. Applicability of other provisions.

§33-22-2a. Repealed. Acts, 2005 Reg. Sess., Ch. 142.

§33-22-3. Incorporation.

§33-22-4. License.

§33-22-5. Corporate organization and procedure.

§33-22-6. Members.

§33-22-7. Filing and approval of policy; setting out terms and conditions; limiting liability; standard forms or provisions.

§33-22-8. Kinds of coverage authorized.

§33-22-9. Premiums, membership fees, assessments and dividends.

§33-22-10. Contingent liability of member.

§33-22-11. Surplus or emergency fund.

§33-22-12. Limit of risk.

§33-22-13. Reinsurance; joint policies.

§33-22-14. Notices to members.

§33-22-15. Termination, cancellation or suspension of membership.

§33-22-16. Fees.

§33-22-17. Member's share of assets upon liquidation.

§33-22-18. Mergers and consolidations.

§33-22-19. Conversion to stock or mutual insurer.

CHAPTER 33, ARTICLE 23. FRATERNAL BENEFIT SOCIETIES.

§33-23-1. Scope of article.

§33-23-2. Applicability of other provisions.

§33-23-2a. Applicability of insurance fraud prevention act.

§33-23-3. Fraternal benefit societies defined.

§33-23-4. Lodge system defined.

§33-23-5. Representative form of government defined.

§33-23-6. Organization.

§33-23-7. Retention of corporate powers by existing incorporated societies.

§33-23-8. Incorporation of existing voluntary associations.

§33-23-9. Office and meetings of domestic society.

§33-23-10. Consolidations and mergers.

§33-23-11. Conversion of society to mutual life insurer.

§33-23-12. Qualifications for benefit membership.

§33-23-13. Amendment of articles of incorporation, Constitution or laws.

§33-23-14. Operation of charitable, benevolent or educational institutions.

§33-23-15. Payment of benefits other than insurance benefits.

§33-23-16. No personal liability for payment of benefits.

§33-23-17. Kinds of benefits authorized.

§33-23-18. Benefits on lives of children.

§33-23-19. Nonforfeiture benefits, cash surrender values, loans and options.

§33-23-20. Beneficiaries.

§33-23-21. Benefits not liable to process.

§33-23-22. Certificates and agreement with members.

§33-23-23. Approval of certificates; standard and prohibited provisions.

§33-23-24. Filing and approval of accident and sickness insurance certificates.

§33-23-25. Waiver of laws and Constitution of society.

§33-23-26. Reinsurance.

§33-23-27. Licensing of foreign and alien societies.

§33-23-28. Term of license; renewal, refusal, revocation or suspension; penalty in lieu thereof; reissuance.

§33-23-29. Fees; exemption of funds and assets from taxation.

§33-23-30. Use of funds.

§33-23-31. Investments.

§33-23-32. Reports and synopses of annual statements; valuations.

§33-23-33. Agents.

§33-23-34. Exemption of certain societies.

§33-23-35. Continuum of care services.

CHAPTER 33, ARTICLE 24. HOSPITAL SERVICE CORPORATIONS, MEDICAL SERVICE CORPORATIONS, DENTAL SERVICE CORPORATIONS AND HEALTH SERVICE CORPORATIONS.

§33-24-1. Declaration of policy.

§33-24-2. Definitions.

§33-24-3. Corporations affected by article; eligibility of hospitals, physicians, dentists, chiropodists-podiatrists and chiropractors.

§33-24-4. Exemptions; applicability of insurance laws.

§33-24-4a. Coverage for patient cost of clinical trials.

§33-24-4b. Applicability of insurance fraud prevention act.

§33-24-5. Licenses; name of corporation.

§33-24-6. Commissioner to enforce article; approval of contracts, forms, rates and fees.

§33-24-6a. Loss ratio.

§33-24-7. Required provisions in contracts made by corporations with hospitals, physicians, dentists and other health agencies.

§33-24-7a. Contracts to cover nursing service.

§33-24-7b. Third party reimbursement for mammography, pap smear or human papilloma virus testing.

§33-24-7c. Third party reimbursement for rehabilitation services.

§33-24-7d. Required provisions in contracts which include child immunization services in the terms of the contract.

§33-24-7e. Coverage of emergency services.

§33-24-7f. Third party reimbursement for colorectal cancer examination and laboratory testing.

§33-24-7g. Required coverage for reconstruction surgery following mastectomies.

§33-24-7h. Required use of mail-order pharmacy prohibited.

§33-24-7i. Third-party reimbursement for kidney disease screening.

§33-24-7j. Required coverage for dental anesthesia services.

§33-24-7k. Coverage for diagnosis and treatment of autism spectrum disorders.

§33-24-7l. Maternity coverage.

§33-24-7m. Deductibles, copayments and coinsurance for anti-cancer medications.

§33-24-7n. Eye drop prescription refills.

§33-24-7o. Deductibles, copayments and coinsurance for abuse-deterrent opioid analgesic drugs.

§33-24-7p. Step therapy.

§33-24-7q. Coverage for amino acid-based formulas.

§33-24-7r. Substance use disorder.

§33-24-7s. Prior authorization.

§33-24-7t. Fairness in Cost-Sharing Calculation.

§33-24-7u. Mental health parity.

§33-24-7v. Incorporation of the Health Benefit Plan Network Access and Adequacy Act.

§33-24-7w. Incorporation of the coverage for 12-month refill for contraceptive drugs.

§33-24-7x. Copayments for certain services.

§33-24-7y. Coverage of emergency medical services to triage and transport to alternative destination or treat in place.

§33-24-8. Contract or certificate to be furnished to policyholders and subscribers; payment for health care rendered needy persons.

§33-24-9. Payroll deduction for governmental employees.

§33-24-10. Investments; bonds of corporate officers and employees, minimum statutory surplus.

§33-24-11. Reciprocity with other service plans; payment authorized.

§33-24-12. Creation of subsidiary corporation or corporations.

§33-24-13. Continuum of care services.

§33-24-14. Delinquency proceedings.

§33-24-15. Repealed. Acts, 2004 Reg. Sess., Ch. 143.

§33-24-16. Repealed. Acts, 2004 Reg. Sess., Ch. 143.

§33-24-17. Repealed. Acts, 2004 Reg. Sess., Ch. 143.

§33-24-18. Repealed. Acts, 2004 Reg. Sess., Ch. 143.

§33-24-19. Repealed. Acts, 2004 Reg. Sess., Ch. 143.

§33-24-21. Repealed. Acts, 2004 Reg. Sess., Ch. 143.

§33-24-22. Repealed. Acts, 2004 Reg. Sess., Ch. 143.

§33-24-23. Repealed. Acts, 2004 Reg. Sess., Ch. 143.

§33-24-24. Repealed. Acts, 2004 Reg. Sess., Ch. 143.

§33-24-25. Repealed. Acts, 2004 Reg. Sess., Ch. 143.

§33-24-26. Repealed. Acts, 2004 Reg. Sess., Ch. 143.

§33-24-27. Repealed. Acts, 2004 Reg. Sess., Ch. 143.

§33-24-28. Repealed. Acts, 2004 Reg. Sess., Ch. 143.

§33-24-29. Repealed. Acts, 2004 Reg. Sess., Ch. 143.

§33-24-30. Repealed. Acts, 2004 Reg. Sess., Ch. 143.

§33-24-31. Repealed. Acts, 2004 Reg. Sess., Ch. 143.

§33-24-32. Repealed. Acts, 2004 Reg. Sess., Ch. 143.

§33-24-33. Repealed. Acts, 2004 Reg. Sess., Ch. 143.

§33-24-34. Repealed. Acts, 2004 Reg. Sess., Ch. 143.

§33-24-35. Repealed. Acts, 2004 Reg. Sess., Ch. 143.

§33-24-36. Repealed. Acts, 2004 Reg. Sess., Ch. 143.

§33-24-37. Repealed. Acts, 2004 Reg. Sess., Ch. 143.

§33-24-38. Repealed. Acts, 2004 Reg. Sess., Ch. 143.

§33-24-39. Repealed. Acts, 2004 Reg. Sess., Ch. 143.

§33-24-40. Repealed. Acts, 2004 Reg. Sess., Ch. 143.

§33-24-41. Repealed. Acts, 2004 Reg. Sess., Ch. 143.

§33-24-42. Repealed. Acts, 2004 Reg. Sess., Ch. 143.

§33-24-43. Policies discriminating among health care providers.

§33-24-44. Authority of commissioner to promulgate rules and regulations regarding affiliate and subsidiary operating results.

§33-24-45. Assignment of certain benefits in dental care insurance coverage.

CHAPTER 33, ARTICLE 25. HEALTH CARE CORPORATIONS.

§33-25-1. Declaration of policy.

§33-25-2. Definitions.

§33-25-3. Incorporation; purposes; name; limitations.

§33-25-4. Board of directors.

§33-25-5. Exemption from taxes.

§33-25-6. Supervision and regulation by Insurance Commissioner; exemption from insurance laws.

§33-25-6a. Applicability of insurance fraud prevention act.

§33-25-7. Licenses.

§33-25-8. Commissioner to enforce article; approval of contracts, forms and rates; reserve fund; membership fee.

§33-25-8a. Third party reimbursement for mammography or pap smear or human papilloma virus testing.

§33-25-8b. Third party reimbursement for rehabilitation services.

§33-25-8c. Third party payment for child immunization services.

§33-25-8d. Coverage of emergency services.

§33-25-8e. Third party reimbursement for colorectal cancer examination and laboratory testing.

§33-25-8f. Required use of mail-order pharmacy prohibited.

§33-25-8g. Third-party reimbursement for kidney disease screening.

§33-25-8h. Required coverage for dental anesthesia services.

§33-25-8i. Maternity coverage.

§33-25-8j. Deductibles, copayments and coinsurance for anti-cancer medications.

§33-25-8k. Eye drop prescription refills.

§33-25-8l. Deductibles, copayments and coinsurance for abuse-deterrent opioid analgesic drugs.

§33-25-8m. Step therapy.

§33-25-8n. Coverage for amino acid-based formulas.

§33-25-8o. Substance use disorder.

§33-25-8p. Prior authorization.

§33-25-8q. Fairness in Cost-Sharing Calculation.

§33-25-8r. Mental health parity.

§33-25-8s. Incorporation of the Health Benefit Plan Network Access and Adequacy Act.

§33-25-8t. Incorporation of the coverage for 12-month refill for contraceptive drugs.

§33-25-8u. Copayments for certain services.

§33-25-8v. Coverage of emergency medical services to triage and transport to alternative destination or treat in place.

§33-25-9. Annual report.

§33-25-10. Examination of corporation; report of examination; objections to report; access to books, records, etc.; removal of records, etc., from state.

§33-25-10a. Loss ratio.

§33-25-11. Rules and regulations.

§33-25-12. Required provisions in contracts made by corporation with physicians, dentists, etc., hospitals and other health agencies.

§33-25-13. Contracts to be furnished to subscribers; payments for subscribers by others; wage deductions.

§33-25-14. Advancement of money to corporation.

§33-25-15. Repealed. Acts, 1991 Reg. Sess., Ch. 89.

§33-25-16. Disposition of fees and charges.

§33-25-17. Bonds of corporation officers and employees.

§33-25-18. Annual audited financial report.

§33-25-19. Administrative supervision.

§33-25-20. Policies discriminating among health care providers.

§33-25-21. Authority of commissioner to promulgate rules and regulations regarding affiliate and subsidiary operating results.

§33-25-22. Assignment of certain benefits in dental care insurance coverage.

CHAPTER 33, ARTICLE 25A. HEALTH MAINTENANCE ORGANIZATION ACT.

§33-25A-1. Short title and purpose.

§33-25A-2. Definitions.

§33-25A-3. Application for certificate of authority.

§33-25A-3a. Conditions precedent to issuance or maintenance of a certificate of authority; renewal of certificate of authority; effect of bankruptcy proceedings.

§33-25A-4. Issuance of certificate of authority.

§33-25A-5. Powers of health maintenance organizations.

§33-25A-6. Governing body.

§33-25A-7. Fiduciary responsibilities of officers; fidelity bond; approval of contracts by commissioner.

§33-25A-7a. Provider contracts.

§33-25A-7b. Loss ratio.

§33-25A-8. Evidence of coverage; charges for health care services; review of enrollee records; cancellation of contract by enrollee.

§33-25A-8a. Third party reimbursement for mammography, pap smear or human papilloma virus testing.

§33-25A-8b. Third party reimbursement for rehabilitation services.

§33-25A-8c. Third party payment for child immunization services.

§33-25A-8d. Coverage of emergency services.

§33-25A-8e. Third party reimbursement for colorectal cancer examination and laboratory testing.

§33-25A-8f. Required coverage for reconstruction surgery following mastectomies.

§33-25A-8g. Required use of mail-order pharmacy prohibited.

§33-25A-8h. Third-party reimbursement for kidney disease screening.

§33-25A-8i. Third-party reimbursement for dental anesthesia services.

§33-25A-8j. Coverage for diagnosis and treatment of autism spectrum disorders.

§33-25A-8k. Maternity coverage.

§33-25A-8l. Deductibles, copayments and coinsurance for anti-cancer medications.

§33-25A-8m. Eye drop prescription refills.

§33-25A-8n. Deductibles, copayments and coinsurance for abuse-deterrent opioid analgesic drugs.

§33-25A-8o. Step therapy.

§33-25A-8p. Lyme disease to be covered by all health insurance policies.

§33-25A-8q. Coverage for amino acid-based formulas.

§33-25A-8r. Substance use disorder.

§33-25A-8s. Prior authorization.

§33-25A-8t. Fairness in Cost-Sharing Calculation.

§33-25A-8u. Mental health parity.

§33-25A-8v. Incorporation of the Health Benefit Plan Access and Adequacy Act.

§33-25A-8w. Incorporation of the coverage for 12-month refill for contraceptive drugs.

§33-25A-8x. Copayments for certain services.

§33-25A-8y. Coverage of emergency medical services to triage and transport to alternative destination or treat in place.

§33-25A-9. Annual report.

§33-25A-10. Information to enrollees.

§33-25A-11. Open enrollment period.

§33-25A-12. Grievance procedure.

§33-25A-13. Investments.

§33-25A-14. Prohibited advertising practices.

§33-25A-14a. Other prohibited practices.

§33-25A-15. Agent licensing and appointment required; regulation of marketing.

§33-25A-16. Powers of insurers and hospital and medical service corporations.

§33-25A-17. Examinations.

§33-25A-17a. Quality assurance.

§33-25A-18. Suspension or revocation of certificate of authority.

§33-25A-19. Rehabilitation, liquidation or conservation of health maintenance organization.

§33-25A-20. Regulations.

§33-25A-21. Administrative procedures.

§33-25A-22. Fees.

§33-25A-23. Penalties and enforcement.

§33-25A-23a. Civil penalty imposed by commissioner.

§33-25A-24. Scope of provisions; applicability of other laws.

§33-25A-24a. Repealed. Acts, 2005 Reg. Sess., Ch. 143.

§33-25A-24b. Repealed. Acts, 2005 Reg. Sess., Ch. 143.

§33-25A-25. Filings and reports as public documents.

§33-25A-26. Confidentiality of medical information.

§33-25A-27. Authority to contract with health maintenance organizations under Medicaid.

§33-25A-28. Required health maintenance organization option.

§33-25A-29. Repealed. Acts, 2005 Reg. Sess., Ch. 143.

§33-25A-30. Repealed. Acts, 2005 Reg. Sess., Ch. 143.

§33-25A-31. Policies discriminating among health care providers.

§33-25A-32. Authority of commissioner to promulgate rules and regulations regarding affiliate and subsidiary operating results.

§33-25A-33. Guaranty fund.

§33-25A-34. Ambulance services.

§33-25A-35. Rural health maintenance organizations.

§33-25A-36. Assignment of certain benefits in dental care insurance coverage.

CHAPTER 33, ARTICLE 25B. FEDERAL INSURANCE SUBSIDY FOR CHILDREN'S HEALTH.

§33-25B-1. Definitions.

§33-25B-2. Purpose.

§33-25B-3. General powers.

§33-25B-4. Voucher applications; contents.

§33-25B-5. Duties and responsibilities of corporation.

§33-25B-6. Duties and responsibilities of Department of Human Services to provide training and other services.

§33-25B-7. Allowable commission for applicant aides; prohibited practices.

§33-25B-8. Activities not deemed the sale of insurance; exemptions from benefits and taxation.

§33-25B-9. Annual report and audits.

§33-25B-10. Tax exemption.

§33-25B-11. Personal liability of members or persons acting on behalf of the corporation.

CHAPTER 33, ARTICLE 25C. HEALTH MAINTENANCE ORGANIZATION PATIENT BILL OF RIGHTS.

§33-25C-1. Short title and purpose.

§33-25C-2. Definitions.

§33-25C-3. Notice of certain enrollee rights.

§33-25C-4. Access to appropriate health services.

§33-25C-5. Repealed. Acts, 2013 Reg. Sess., Ch. 107.

§33-25C-6. Repealed. Acts, 2013 Reg. Sess., Ch. 107.

§33-25C-7. Repealed. Acts, 2013 Reg. Sess., Ch. 107.

§33-25C-8. Delegation of duties.

§33-25C-9. Repealed. Acts, 2013 Reg. Sess., Ch. 107.

§33-25C-10. Construction.

§33-25C-11. Repealed. Acts, 2013 Reg. Sess., Ch. 107.

CHAPTER 33, ARTICLE 25D. PREPAID LIMITED HEALTH SERVICE ORGANIZATION ACT.

§33-25D-1. Short title.

§33-25D-2. Definitions.

§33-25D-3. Application for certificate of authority; addition of services.

§33-25D-4. Conditions precedent to issuance or maintenance of a certificate of authority; renewal of certificate of authority; effect of bankruptcy proceedings.

§33-25D-5. Issuance of certificate of authority.

§33-25D-6. Minimum capital.

§33-25D-7. Powers of organization.

§33-25D-8. Governing body; enrollee participation.

§33-25D-9. Fiduciary responsibilities of managers; fidelity bond.

§33-25D-10. Provider contracts.

§33-25D-11. Evidence of coverage; review of enrollee records; charges for limited health services; cancellation of contract by enrollee.

§33-25D-12. Annual and quarterly reports.

§33-25D-13. Annual report to enrollees.

§33-25D-14. Grievance procedure.

§33-25D-15. Prohibited practices.

§33-25D-16. Agent licensing and appointment required; regulation of marketing.

§33-25D-17. Powers of insurers, hospital service corporations, medical service corporations, dental service corporations, health service corporations and health maintenance organizations.

§33-25D-18. Examinations.

§33-25D-19. Quality assurance.

§33-25D-20. Suspension or revocation of certificate of authority.

§33-25D-21. Rehabilitation, liquidation or conservation of prepaid limited health service organization.

§33-25D-22. Rules.

§33-25D-23. Administrative procedures.

§33-25D-24. Fees.

§33-25D-25. Penalties and enforcement.

§33-25D-26. Scope of provisions; applicability of other laws.

§33-25D-27. Filings and reports as public documents.

§33-25D-28. Confidentiality of medical information.

§33-25D-29. Authority to contract with prepaid limited health service organizations under Medicaid.

§33-25D-30. Authority of commissioner to propose rules regarding affiliate and subsidiary operating results.

CHAPTER 33, ARTICLE 25E. PATIENTS' EYE CARE ACT.

§33-25E-1. Short title.

§33-25E-2. Definitions.

§33-25E-3. Limitations on conditions of coverage.

§33-25E-4. Required disclosure.

§33-25E-5. Noncovered discounts.

CHAPTER 33, ARTICLE 25F. COVERAGE FOR PATIENT COST OF CLINICAL TRIALS.

§33-25F-1. Definitions.

§33-25F-2. Coverage applicable under this article.

CHAPTER 33, ARTICLE 25G. PROVIDER SPONSORED NETWORKS.

§33-25G-1. Legislative findings.

§33-25G-2. Definitions.

§33-25G-3. Licensing of provider sponsored networks.

§33-25G-4. Provider participation.

§33-25G-5. Rules.

CHAPTER 33, ARTICLE 26. WEST VIRGINIA GUARANTY ASSOCIATION ACT.

§33-26-1. Short title.

§33-26-2. Purpose.

§33-26-3. Scope.

§33-26-4. Construction.

§33-26-5. Definitions.

§33-26-6. Creation of the association.

§33-26-7. Board of directors.

§33-26-8. Powers and duties of the association.

§33-26-9. Plan of operation.

§33-26-10. Duties and powers of the commissioner.

§33-26-11. Effect of paid claims.

§33-26-12. Exhaustion of other coverage; deductible reimbursement.

§33-26-13. Prevention of insolvencies.

§33-26-14. Examination of association; financial report.

§33-26-15. Tax exemption.

§33-26-16. Recognition of assessments in rates.

§33-26-17. Immunity.

§33-26-18. Stay of proceedings; reopening of default judgments.

§33-26-19. Severability.

CHAPTER 33, ARTICLE 26A. WEST VIRGINIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT.

§33-26A-1. Short title.

§33-26A-2. Purpose of article and association of insurers.

§33-26A-3. Scope of article; policies and contracts covered; exclusions; extent of liability.

§33-26A-4. Construction of article.

§33-26A-5. Definitions.

§33-26A-6. Creation of association; required accounts; supervision of commissioner; meetings and records.

§33-26A-7. Board of directors; members; vacancies; voting rights; appointment and reimbursement.

§33-26A-8. Powers and duties of association.

§33-26A-9. Assessments.

§33-26A-10. Plan of operation.

§33-26A-11. Duties and powers of commissioner of insurance.

§33-26A-12. Prevention of insolvencies; duties of commissioner; coordination with board of directors; duties of the board of directors; requested examinations; procedures and reports.

§33-26A-13. Appointment of special deputy.

§33-26A-14. Miscellaneous provisions.

§33-26A-15. Examination of association; annual report.

§33-26A-16. Tax exemptions.

§33-26A-17. Immunity.

§33-26A-18. Stay of court proceedings; reopening default judgments.

§33-26A-19. Prohibited advertisement of insurance guaranty association act in insurance sales; notice to policyholders.

CHAPTER 33, ARTICLE 26B. WEST VIRGINIA HEALTH MAINTENANCE ORGANIZATION GUARANTY ASSOCIATION.

§33-26B-1 Repealed Acts, 2018 Reg. Sess., Ch. 127.  

§33-26B-2 Repealed Acts, 2018 Reg. Sess., Ch. 127.  

§33-26B-3 Repealed Acts, 2018 Reg. Sess., Ch. 127.  

§33-26B-4 Repealed Acts, 2018 Reg. Sess., Ch. 127.  

§33-26B-5 Repealed Acts, 2018 Reg. Sess., Ch. 127.  

§33-26B-6 Repealed Acts, 2018 Reg. Sess., Ch. 127.  

§33-26B-7 Repealed Acts, 2018 Reg. Sess., Ch. 127.  

§33-26B-8 Repealed Acts, 2018 Reg. Sess., Ch. 127.  

§33-26B-9 Repealed Acts, 2018 Reg. Sess., Ch. 127.  

§33-26B-10 Repealed Acts, 2018 Reg. Sess., Ch. 127.  

§33-26B-11 Repealed Acts, 2018 Reg. Sess., Ch. 127.  

§33-26B-12 Repealed Acts, 2018 Reg. Sess., Ch. 127.  

§33-26B-13 Repealed Acts, 2018 Reg. Sess., Ch. 127.  

§33-26B-14 Repealed Acts, 2018 Reg. Sess., Ch. 127.  

§33-26B-15 Repealed Acts, 2018 Reg. Sess., Ch. 127.  

§33-26B-16 Repealed Acts, 2018 Reg. Sess., Ch. 127.  

CHAPTER 33, ARTICLE 27. INSURANCE HOLDING COMPANY SYSTEMS.

§33-27-1. Short title.

§33-27-2. Definitions.

§33-27-2a. Subsidiaries of insurers; authorization; investment authority; exemptions; qualifications; cessation of controls.

§33-27-3. Acquisition of control of or merger with domestic insurer; filing requirements; statements; alternative filing material; approval by the commissioner; hearings; notice; mailings to shareholders; expenses; exemptions; violations and jurisdiction.

§33-27-3a. Acquisitions Involving Insurers Not Otherwise Covered; definitions; scope; pre-acquisition notification and waiting period; competitive standard; orders and penalties.

§33-27-4. Registration of insurers; information and form required; summary of changes to registration statement; materiality; reporting of dividends to shareholders; information to insurers; termination of registration; consolidated filing; alternative registration; exemptions; disclaimer; enterprise risk filing; violations.

§33-27-5. Standards; adequacy of surplus; dividends and other distributions; notice of amendments or modifications; management of domestic insurers subject to registration.

§33-27-6. Examination; power of commissioner; access to books and records; use of consultants; expenses; compelling production, contempt and payment of fees, mileage and actual expenses.

§33-27-6a. Supervisory Colleges; power of commissioner; expenses; agreements.

§33-27-6b. Group-wide supervision of internationally active insurance groups.

§33-27-7. Confidential treatment.

§33-27-8. Injunctions; prohibitions against voting securities; sequestration of voting securities.

§33-27-9. Criminal proceedings; penalties; orders; fines; disapproval of dividends and distributions.

§33-27-10. Receivership.

§33-27-11. Revocation, suspension or nonrenewal of insurer's license.

§33-27-12. Conflict with other laws.

§33-27-13. Recovery.

§33-27-14. Regulatory authority.

CHAPTER 33, ARTICLE 27A. WEST VIRGINIA MUTUAL TO MUTUAL INSURANCE HOLDING COMPANY ACT.

§33-27A-1. Short Title.

§33-27A-2. Definitions.

§33-27A-3. Conversion of mutual insurance company into stock company that is majority owned subsidiary of mutual insurance holding company.

§33-27A-4. Voting rights of mutual policyholders regarding reorganization; notice of public hearing.

§33-27A-5. Review of plan by Insurance Commissioner; filing requirements.

§33-27A-6. Amending articles of incorporation of mutual holding company.

§33-27A-7. Corporate existence of mutual company continue in recognized stock company.

§33-27A-8. Payment of costs and expenses of reorganization.

§33-27A-9. Reorganization of mutual company.

§33-27A-10. Membership interest in mutual company.

§33-27A-11. Applicability of other laws.

§33-27A-12. Holding company treated as insurer.

§33-27A-13. Actions challenging reorganization.

§33-27A-14. Powers of Insurance Commissioner.

CHAPTER 33, ARTICLE 28. INDIVIDUAL ACCIDENT AND SICKNESS INSURANCE MINIMUM STANDARDS.

§33-28-1. Short title.

§33-28-2. Purpose of article.

§33-28-3. Definition of terms used in article.

§33-28-4. Standards for policy provisions.

§33-28-5. Minimum standards for benefits.

§33-28-5a. Home health care coverage.

§33-28-5b. Medicare supplement insurance.

§33-28-6. Outline of coverage.

§33-28-7. Preexisting conditions.

CHAPTER 33, ARTICLE 29. LIFE AND ACCIDENT AND SICKNESS INSURANCE POLICY LANGUAGE SIMPLIFICATION ACT.

§33-29-1. Title.

§33-29-2. Purpose.

§33-29-3. Definitions.

§33-29-4. Applicability and scope.

§33-29-5. Minimum policy language simplification standards.

§33-29-6. Construction.

§33-29-7. Powers of the commissioner.

§33-29-8. Approval of forms.

§33-29-9. Effective dates.

CHAPTER 33, ARTICLE 30. MINE SUBSIDENCE INSURANCE.

§33-30-1. Legislative findings .

§33-30-2. Purpose.

§33-30-3. Definitions.

§33-30-4. Mine subsidence insurance fund.

§33-30-5. State support for mine subsidence insurance fund.

§33-30-6. Mine subsidence coverage; waivers.

§33-30-7. Limited right of insurers to refuse to provide subsidence coverage.

§33-30-8. Reinsurance agreements.

§33-30-9. Distribution of premium.

§33-30-10. Payment of losses.

§33-30-11. Repealed. Acts, 1985 Reg. Sess., Ch. 109.

§33-30-12. Right of recourse.

§33-30-13. Subrogation.

§33-30-14. Powers of board.

§33-30-15. Rules and regulations.

CHAPTER 33, ARTICLE 31. CAPTIVE INSURANCE.

§33-31-1. Definitions.

§33-31-2. Licensing; authority.

§33-31-3. Names of companies.

§33-31-4. Minimum capital and surplus; letter of credit.

§33-31-5. Dividends.

§33-31-6. Formation of captive insurance companies in this state.

§33-31-7. Reports and statements.

§33-31-8. Examinations and investigations.

§33-31-9. Grounds and procedures for suspension or revocation of license.

§33-31-10. Legal investments.

§33-31-11. Reinsurance.

§33-31-12. Rating organizations; memberships.

§33-31-13. Exemption from compulsory associations.

§33-31-14. Tax on premiums collected.

§33-31-15. Rules.

§33-31-16. Laws applicable.

§33-31-16a. Laws applicable; Risk Retention Groups.

§33-31-17. Delinquency.

§33-31-18. Rules for controlled unaffiliated business.

§33-31-19. Conversion to or merger with reciprocal insurer.

§33-31-20. Branch captive insurance company formation.

§33-31-21. Security required.

§33-31-22. Certificate of general good.

§33-31-23. Reports.

§33-31-24. Examination.

§33-31-25. Taxation.

CHAPTER 33, ARTICLE 31A. SPONSORED CAPTIVE INSURANCE COMPANY FORMATION.

§33-31A-1. Applicability of article.

§33-31A-2. Definitions.

§33-31A-3. Formation of sponsored captive insurance companies.

§33-31A-4. Supplemental application materials.

§33-31A-5. Protected cells.

§33-31A-6. Qualification of sponsors.

§33-31A-7. Authorized participants.

§33-31A-8. Investments.

§33-31A-9. Delinquency.

CHAPTER 33, ARTICLE 32. RISK RETENTION ACT.

§33-32-1. Purpose and short title.

§33-32-2. Definitions.

§33-32-3. Charter and license requirements for domestic groups.

§33-32-4. Risk retention groups not chartered in this state.

§33-32-5. Tax on premiums collected.

§33-32-6. Compliance with unfair claims settlement practices law.

§33-32-7. Prohibitive, deceptive, false, or fraudulent practices.

§33-32-8. Examination regarding financial condition.

§33-32-9. Notice to purchasers.

§33-32-10. Prohibited acts regarding solicitation or sale.

§33-32-11. Prohibition on ownership by an insurance company.

§33-32-12. Prohibited coverage.

§33-32-13. Delinquency proceedings.

§33-32-14. Compulsory associations.

§33-32-15. Countersignatures not required.

§33-32-16. Purchasing groups; exemption from certain laws relating to the group purchase of insurance.

§33-32-17. Notice and registration requirements of purchasing groups.

§33-32-18. Restrictions on insurance purchased by purchasing groups.

§33-32-19. Administrative and procedural authority regarding risk retention groups and purchasing groups.

§33-32-20. Penalties.

§33-32-21. Duty on agents or brokers to obtain license.

§33-32-22. Binding effect of orders issued in United States district court.

§33-32-23. Rules.

§33-32-24. Operation prior to enactment.

CHAPTER 33, ARTICLE 33. ANNUAL AUDITED FINANCIAL REPORT.

§33-33-1. Declaration of policy and purpose.

§33-33-2. Definitions.

§33-33-3. General requirements related to filing and extensions for filing of annual audited financial reports and audit committee appointment.

§33-33-4. Contents of annual audited financial report.

§33-33-5. Designation of independent certified public accountant.

§33-33-6. Qualifications of independent certified public accountants.

§33-33-7. Consolidated or combined audits.

§33-33-8. Scope of audit and report of independent certified public accountant.

§33-33-9. Notification of adverse financial condition.

§33-33-10. Communication of internal control related matters noted in an audit.

§33-33-10a. Accountant's letter of qualifications.

§33-33-11. Definition, availability and maintenance of independent certified public accountant workpapers.

§33-33-12. Requirements for audit committees.

§33-33-12a. Internal Audit Function Requirements.

§33-33-13. Conduct of insurer in connection with the preparation of required reports and documents.

§33-33-14. Canadian and British companies.

§33-33-15. Management's report of internal control over financial reporting.

§33-33-16. Exemptions and effective dates.

CHAPTER 33, ARTICLE 34. ADMINISTRATIVE SUPERVISION.

§33-34-1. Definitions.

§33-34-2. Applicability.

§33-34-3. Administrative supervision; order; review.

§33-34-3a. Standards to determine hazardous condition; commissioner's authority.

§33-34-4. Confidentiality of certain proceedings and records.

§33-34-5. Prohibited acts during period of supervision.

§33-34-6. Administrative election of proceedings.

§33-34-7. Rules.

§33-34-8. Meetings between the commissioner and the special deputy supervisor.

§33-34-9. Special deputy supervisor appointed and expenses.

§33-34-10. Immunity.

§33-34-11. Repealed. Acts, 2010 Reg. Sess., Ch. 108.

CHAPTER 33, ARTICLE 34A. STANDARDS AND COMMISSIONER'S AUTHORITY FOR COMPANIES DEEMED TO BE IN HAZARDOUS FINANCIAL CONDITION.

§33-34A-1. Repealed. Acts, 2010 Reg. Sess., Ch. 108.

§33-34A-2. Repealed. Acts, 2010 Reg. Sess., Ch. 108.

§33-34A-3. Repealed. Acts, 2010 Reg. Sess., Ch. 108.

§33-34A-4. Repealed. Acts, 2010 Reg. Sess., Ch. 108.

§33-34A-5. Repealed. Acts, 2010 Reg. Sess., Ch. 108.

§33-34A-6. Repealed. Acts, 2010 Reg. Sess., Ch. 108.

§33-34A-7. Repealed. Acts, 2010 Reg. Sess., Ch. 108.

§33-34A-8. Repealed. Acts, 2010 Reg. Sess., Ch. 108.

CHAPTER 33, ARTICLE 35. CRIMINAL SANCTIONS FOR FAILURE TO REPORT IMPAIRMENT.

§33-35-1. Definitions.

§33-35-2. Duty to notify.

§33-35-3. Penalty.

CHAPTER 33, ARTICLE 36. BUSINESS TRANSACTED WITH PRODUCER-CONTROLLED PROPERTY/CASUALTY INSURER ACT.

§33-36-1. Short title.

§33-36-2. Definitions.

§33-36-3. Applicability.

§33-36-4. Minimum standards.

§33-36-5. Disclosure.

§33-36-6. Penalties.

§33-36-7. Effective date.

CHAPTER 33, ARTICLE 37. MANAGING GENERAL AGENTS.

§33-37-1. Definitions.

§33-37-2. Licensure.

§33-37-3. Required contract provisions.

§33-37-4. Duties of insurers.

§33-37-5. Examination authority.

§33-37-6. Penalties and liabilities.

§33-37-7. Rules and regulations.

§33-37-8. Effective date.

CHAPTER 33, ARTICLE 38. REINSURANCE INTERMEDIARY ACT.

§33-38-1. Short title.

§33-38-2. Definitions.

§33-38-3. Licensure.

§33-38-3a. License applications, issuance, refusal and renewal.

§33-38-4. Required contract provisions; reinsurance intermediary-brokers.

§33-38-5. Books and records; reinsurance intermediary-brokers.

§33-38-6. Duties of insurers utilizing the services of a reinsurance intermediary-broker.

§33-38-7. Required contract provisions; reinsurance intermediary-managers.

§33-38-8. Prohibited acts.

§33-38-9. Duties of reinsurers utilizing the services of a reinsurance intermediary-manager.

§33-38-10. Examination authority.

§33-38-11. Penalties and liabilities.

§33-38-12. Regulatory authority.

§33-38-13. Fees.

§33-38-14. Reciprocity.

CHAPTER 33, ARTICLE 39. DISCLOSURE OF MATERIAL TRANSACTIONS.

§33-39-1. Report.

§33-39-2. Acquisitions and dispositions of assets.

§33-39-3. Nonrenewals, cancellations or revisions of ceded reinsurance programs.

§33-39-4. Effective date.

CHAPTER 33, ARTICLE 40. RISK-BASED CAPITAL (RBC) FOR INSURERS.

§33-40-1. Definitions.

§33-40-2. RBC reports.

§33-40-3. Company action level event.

§33-40-4. Regulatory action level event.

§33-40-5. Authorized control level event.

§33-40-6. Mandatory control level event.

§33-40-7. Hearings.

§33-40-8. Confidentiality; prohibition on announcements, prohibition on use in ratemaking.

§33-40-9. Supplemental provisions; rules; exemption.

§33-40-10. Foreign insurers.

§33-40-11. Immunity.

§33-40-12. Notices.

§33-40-13. Effective date.

CHAPTER 33, ARTICLE 40A. RISKED-BASED CAPITAL FOR HEALTH ORGANIZATIONS.

§33-40A-1. Definitions.

§33-40A-2. RBC reports.

§33-40A-3. Company action level event.

§33-40A-4. Regulatory action level event.

§33-40A-5. Authorized control level event.

§33-40A-6. Mandatory control level event.

§33-40A-7. Hearings.

§33-40A-8. Confidentiality; prohibition on announcements; prohibition on use in ratemaking.

§33-40A-9. Supplemental provisions; rules; exemption.

§33-40A-10. Foreign health organizations.

§33-40A-11. Immunity.

§33-40A-12. Notices.

CHAPTER 33, ARTICLE 40B. RISK MANAGEMENT AND OWN RISK AND SOLVENCY ASSESSMENT ACT.

§33-40B-1. Purpose and Scope.

§33-40B-2. Definitions.

§33-40B-3. Risk Management Framework.

§33-40B-4. ORSA Requirement.

§33-40B-5. ORSA Summary Report.

§33-40B-6. Exemption.

§33-40B-7. Contents of ORSA Summary Report.

§33-40B-8. Confidentiality.

§33-40B-9. Sanctions.

§33-40B-10. Severability.

§33-40B-11. Effective Date.

CHAPTER 33, ARTICLE 41. WEST VIRGINIA INSURANCE FRAUD PREVENTION ACT.

§33-41-1. Short title; legislative findings and purpose.

§33-41-2. Definitions.

§33-41-3. Fraud warning authorized; statement required of nonadmitted insurers.

§33-41-4. Authority of the commissioner; use of special assistant prosecutors.

§33-41-4a. Acceptance of forfeiture proceeds by commissioner; creation of special revenue fund; court awards of investigation costs.

§33-41-5. Mandatory reporting of insurance fraud or criminal offenses otherwise related to the business of insurance.

§33-41-6. Immunity from liability.

§33-41-7. Confidentiality.

§33-41-8. Creation of Insurance Fraud Unit; purpose; duties; personnel qualifications.

§33-41-8a. Fingerprinting and background check for applicants for employment with fraud unit.

§33-41-8b. Fraud investigators may present complaint directly to magistrate.

§33-41-9. Other law-enforcement or regulatory authority.

§33-41-10. Rules.

§33-41-11. Fraudulent insurance acts; interference and participation of convicted felons prohibited.

§33-41-11a. Insurer antifraud initiatives.

§33-41-12. Civil and criminal penalties; injunctive relief; employment disqualification; restitution.

CHAPTER 33, ARTICLE 42. WOMEN'S ACCESS TO HEALTH CARE ACT.

§33-42-1. Short title.

§33-42-2. Legislative findings and purpose.

§33-42-3. Definitions.

§33-42-4. Limitations on conditions of coverage.

§33-42-5. Required disclosure.

§33-42-6. Certain cost-sharing prohibited.

§33-42-7. Limitation on number of women's health care providers.

§33-42-8. Partial-birth abortions prohibited; criminal penalties; exceptions; hearings by state Board of Medicine.

CHAPTER 33, ARTICLE 43. INSURANCE TAX PROCEDURES ACT.

§33-43-1. Short title.

§33-43-2. Application.

§33-43-3. Definitions.

§33-43-4. Powers of the commissioner.

§33-43-4a. Agreements and compromises.

§33-43-5. Limitation on actions.

§33-43-6. Returns.

§33-43-7. Penalties.

§33-43-8. Assessments.

§33-43-9. Hearing and appeal; judicial review.

§33-43-10. Refunds and credits.

§33-43-11. Interest.

§33-43-12. Allocation of payments.

§33-43-13. Overpayments and underpayments.

§33-43-14. Retroactive monetary relief for unconstitutional taxes.

§33-43-15. Taxes collected on behalf of the commissioner.

CHAPTER 33, ARTICLE 44. UNAUTHORIZED INSURERS ACT.

§33-44-1. Short title.

§33-44-2. Purpose of enactment of provisions regarding unauthorized insurers.

§33-44-3. Definitions.

§33-44-4. Unlawful transaction of insurance.

§33-44-5. Service of process on unauthorized insurers.

§33-44-6. Injunctive relief.

§33-44-7. Administrative relief.

§33-44-8. Civil relief.

§33-44-9. Criminal penalties.

§33-44-10. Defense of action or proceeding by unauthorized insurer; bond requirements.

§33-44-11. Person providing specified coverage; proof of regulation by a federal government agency.

§33-44-12. Collection, maintenance and distribution of restitution to insureds.

§33-44-13. Enforcement of foreign decrees.

CHAPTER 33, ARTICLE 45. ETHICS AND FAIRNESS IN INSURER BUSINESS PRACTICES.

§33-45-1. Definitions.

§33-45-2. Minimum fair business standards contract provisions required; processing and payment of health care services; provider claims; commissioner's jurisdiction.

§33-45-3. Damages, attorney fees and costs available to providers upon insurer's violation of article or breach of contract provisions.

§33-45-4. Providers invoking rights protected.

§33-45-5. Commissioner authorized to propose rules.

§33-45-6. Commissioner's authority.

§33-45-7. Contractual alternative reimbursement arrangements.

§33-45-8. Exemptions.

CHAPTER 33, ARTICLE 46. THIRD-PARTY ADMINISTRATOR ACT.

§33-46-1. Short title.

§33-46-2. Definitions.

§33-46-3. Written agreement necessary.

§33-46-4. Payment to administrator.

§33-46-5. Maintenance of information.

§33-46-6. Approval of advertising.

§33-46-7. Responsibilities of the insurer.

§33-46-8. Premium collection and payment of claims.

§33-46-9. Compensation to the administrator.

§33-46-10. Notice to covered individuals; disclosure of charges and fees.

§33-46-11. Delivery of materials to covered individuals.

§33-46-12. Home state certificate of authority or license.

§33-46-13. Registration requirement.

§33-46-14. Nonresident administrator.

§33-46-15. Fees and charges.

§33-46-16. Annual report and filing fee.

§33-46-17. Grounds for denial, suspension or revocation of license.

§33-46-18. Exemption for administrators of public health programs.

§33-46-19. Unauthorized business.

§33-46-20. Commissioner authorized to propose rules.

CHAPTER 33, ARTICLE 46A. PROFESSIONAL EMPLOYER ORGANIZATIONS.

§33-46A-1. Purpose and intent.

§33-46A-2. Definitions.

§33-46A-3. Rights, duties and obligations unaffected by this article.

§33-46A-4. Licensing requirements.

§33-46A-4a. Operation of a PEO without a license; enforcement; penalties; fraud unit may investigate.

§33-46A-5. Examinations; costs; confidentiality of information.

§33-46A-6. Requirements for provisions of PEO agreements.

§33-46A-7. Workers' compensation.

§33-46A-8. Enforcement; penalties.

§33-46A-9. Health benefit plans; self-funded plans permitted under certain circumstances.

§33-46A-10. Rule-making authority; fees.

CHAPTER 33, ARTICLE 47. INTERSTATE INSURANCE PRODUCT REGULATION COMPACT.

§33-47-1. Purposes.

§33-47-2. Definitions.

§33-47-3. Establishment of the commission and venue.

§33-47-4. Powers of the commission.

§33-47-5. Organization of the commission.

§33-47-6. Meetings and acts of the commission.

§33-47-7. Rules and operating procedures: rule-making functions of the commission and opting out of uniform standards.

§33-47-8. Commission records and enforcement.

§33-47-9. Dispute resolution.

§33-47-10. Product filing and approval.

§33-47-11. Review of commission decisions regarding filings.

§33-47-12. Finance.

§33-47-13. Compacting states, effective date and amendment.

§33-47-14. Withdrawal, default and termination.

§33-47-15. Severability and construction.

§33-47-16. Binding effect of compact and other laws.

§33-47-17. Filing of rules by the Insurance Commissioner.

CHAPTER 33, ARTICLE 48. MODEL HEALTH PLAN FOR UNINSURABLE INDIVIDUALS ACT.

§33-48-1. Definitions.

§33-48-2. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§33-48-3. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§33-48-4. Eligibility.

§33-48-5. Unfair referral to plan.

§33-48-6. Plan administrator.

§33-48-7. Funding of the plan.

§33-48-7a. Special revenue account created.

§33-48-7b. Surplus available to subsidize premiums.

§33-48-8. Benefits.

§33-48-9. Collective action.

§33-48-10. Taxation.

§33-48-11. Repealed. Acts, 2009 Reg. Sess., Ch. 141.

§33-48-12. Effective date.

CHAPTER 33, ARTICLE 49. FLOOD INSURANCE.

§33-49-1. Legislative findings.

§33-49-2. Definitions.

§33-49-3. Issuance of flood insurance.

§33-49-4. Content of flood insurance.

§33-49-5. Notice of availability and limits of flood insurance.

§33-49-6. Notice of cancellation or nonrenewal.

§33-49-7. Additional requirements.

§33-49-8. Conflicts between insurance law and flood insurance.

§33-49-9. Federal law requiring certification.

§33-49-10. Rule-making authority.

CHAPTER 33, ARTICLE 50. PATIENT PROTECTION AND TRANSPARENCY ACT.

§33-50-1. Definitions.

§33-50-2. Information available to the public and disclosures required of health carriers.

§33-50-3. Rule-making authority.

CHAPTER 33, ARTICLE 51. PHARMACY AUDIT INTEGRITY ACT.

§33-51-1. Short title.

§33-51-2. Scope.

§33-51-3. Definitions.

§33-51-4. Procedures for conducting pharmacy audits.

§33-51-5. Appeals process.

§33-51-6. Limitations.

§33-51-7. Pharmacy benefits manager and auditing entity registration.

§33-51-8. Licensure of pharmacy benefit managers.

§33-51-9. Regulation of pharmacy benefit managers.

§33-51-10. Commissioner required to propose rules.

§33-51-11. Freedom of consumer choice for pharmacy.

§33-51-12. Reporting requirements.

§33-51-13. Effective date.

CHAPTER 33, ARTICLE 52. CORPORATE GOVERNANCE ANNUAL DISCLOSURE ACT.

§33-52-1. Short title, purpose and scope of article.

§33-52-2. Definitions.

§33-52-3. Disclosure Requirements.

§33-52-4. Contents of Corporate Governance Annual Disclosure.

§33-52-5. Filing procedures.

§33-52-6. Confidentiality.

§33-52-7. National Association of Insurance Commissioners and third-party consultants.

§33-52-8. Sanctions.

§33-52-9. Effective date.

CHAPTER 33, ARTICLE 53. CERTIFICATES OF INSURANCE.

§33-53-1. Short title.

§33-53-2. Definitions.

§33-53-3. Certificate forms.

§33-53-4. Limitations on use.

§33-53-5. Notice requirements.

§33-53-6. Applicability.

§33-53-7. Enforcement, penalties and rulemaking.

CHAPTER 33, ARTICLE 54. REQUIRING ACCOUNTABLE PHARMACEUTICAL TRANSPARENCY, OVERSIGHT, AND REPORTING ACT.

§33-54-1. Short title.

§33-54-2. Definitions.

§33-54-3. Drug manufacturer reporting requirements.

§33-54-4. Health benefit plan issuer reporting requirements.

§33-54-5. Auditor’s searchable pharmaceutical transparency website created.

CHAPTER 33, ARTICLE 55. HEALTH BENEFIT PLAN NETWORK ACCESS AND ADEQUACY ACT.

§33-55-1. Definitions.

§33-55-2. Applicability and scope.

§33-55-3. Network adequacy.

§33-55-4. Provider directories.

§33-55-5. Intermediaries.

§33-55-6. Filing requirements and state administration.

§33-55-7. Contracting.

§33-55-8. Enforcement.

§33-55-9. Rulemaking.

§33-55-10. Penalties.

CHAPTER 33, ARTICLE 56. HEALTH CARE SERVICES PROVIDED BY PHARMACISTS.

§33-56-1. Services provided by pharmacists.

CHAPTER 33, ARTICLE 57. REQUIRED COVERAGE FOR HEALTH INSURANCE.

§33-57-1. Coverage of telehealth services.

CHAPTER 33, ARTICLE 58. REQUIRED COVERAGE FOR HEALTH INSURANCE.

§33-58-1. Coverage and dispensing birth control.

CHAPTER 33, ARTICLE 59. REQUIRED COVERAGE FOR HEALTH INSURANCE.

§33-59-1. Cost sharing in prescription insulin drugs.

CHAPTER 33, ARTICLE 60. INSURANCE INNOVATION.

§33-60-1. Definitions.

§33-60-2. Application for admission to regulatory sandbox.

§33-60-3. Acceptance or rejection of application.

§33-60-4. Limited no-action letter.

§33-60-5. Time period of beta test; extension of time period; penalties for violation of limited no-action letter.

§33-60-6. Extended no-action letter; review of beta test.

§33-60-7. Confidentiality of information.

§33-60-8. Reports to the Legislature.

§33-60-9. Reciprocity agreements.

§33-60-10. Rulemaking.

CHAPTER 33, ARTICLE 61. MINING MUTUAL INSURANCE COMPANY.

§33-61-1. Scope.

§33-61-2. Findings and purpose.

§33-61-3. Definitions.

§33-61-4. Authorization for creation of company; requirements and limitations.

§33-61-5. Governance and organization.

§33-61-6. Management and administration of the company.

§33-61-7. Application for license; authority of commissioner.

§33-61-8. Initial capital and surplus.

§33-61-9. Types of coverage authorized; discretionary participation.

§33-61-10. Applicable law.

CHAPTER 33, ARTICLE 62. TRAVEL INSURANCE MODEL ACT.

§33-62-1. Short title.

§33-62-2. Purposes and scope.

§33-62-3. Definitions.

§33-62-4. Licensing and registration.

§33-62-5. Premium tax.

§33-62-6. Forms and rates.

§33-62-7. Travel protection plans.

§33-62-8. Sales practices.

§33-62-9. Travel administrators.

§33-62-10. Policy.

§33-62-11. Enforcement.

§33-62-12. Rulemaking.

CHAPTER 33, ARTICLE 63. DELIVERY NETWORK COMPANY INSURANCE ACT.

§33-63-1. Short title and definitions.

§33-63-2. Interaction with other law.

§33-63-3. Insurance requirements.

§33-63-4. Disclosures to delivery network drivers.

§33-63-5. Exclusions in motor vehicle liability insurance policies.

§33-63-6. Effective date.

CHAPTER 34. ESTRAYS, DRIFT AND DERELICT PROPERTY.

CHAPTER 34, ARTICLE 1. ESTRAYS AND DRIFT PROPERTY.

§34-1-1. Taking up estray or boat.

§34-1-2. Recordation and posting of certificate.

§34-1-3. Effect of failure of owner to claim.

§34-1-4. Rights of owner.

§34-1-5. Liability for death or loss.

§34-1-6. Drift property -- Rights of person taking up.

§34-1-7. Same -- Rights of owner.

§34-1-8. Same -- Sale or use.

§34-1-9. Liability for false claim; acts intended to hinder or delay owner in reclaiming property.

§34-1-10. Proof of ownership.

§34-1-11. Taking up timber adrift in certain rivers; compensation; sale.

CHAPTER 34, ARTICLE 2. DERELICT PROPERTY.

§34-2-1. Method of recovery of unclaimed residuum and derelict property.

§34-2-2. Notice of suit.

§34-2-3. Decree of title to state.

§34-2-4. Recovery of money paid into State Treasury under this article.

CHAPTER 35. PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS.

CHAPTER 35, ARTICLE 1. RELIGIOUS ORGANIZATIONS.

§35-1-1. Validation of transfers for use or benefit of religious organizations.

§35-1-2. Equitable title in contiguous congregations.

§35-1-3. Property not to be taken from a religious organization.

§35-1-4. Insufficient designations of beneficiaries or objects not to cause failure of trust; acquisition, conveyance, etc., of property.

§35-1-5. Trustees for real and personal property -- How appointed and removed.

§35-1-6. Same -- Recording order of appointment; recording fee.

§35-1-7. Same -- May take and hold property.

§35-1-8. Quantity of real estate trustee may take and hold.

§35-1-9. Power of trustee to sell, convey and encumber property.

§35-1-10. Notice of conveyance or lien; proof thereof.

§35-1-11. Proceedings to prevent conveyances or creation of liens.

§35-1-12. Disposition of property of extinct or dissolved religious organization.

§35-1-13. Validation of certain transactions.

CHAPTER 35, ARTICLE 1A. EQUAL PROTECTION FOR RELIGION ACT.

§35-1A-1. Government limitations related to the exercise of religion.

CHAPTER 35, ARTICLE 1B. HEALTH CARE SHARING MINISTRIES FREEDOM TO SHARE ACT.

§35-1B-1. Short title.

§35-1B-2. Rule of Construction.

§35-1B-3. Exemption of Health Care Sharing Ministries from the Insurance Code

§35-1B-4. Definition.

§35-1B-5. Public Institutions of Higher Education.

§35-1B-6. Third-party Payers.

CHAPTER 35, ARTICLE 2. EDUCATIONAL, FRATERNAL AND CHARITABLE ORGANIZATIONS.

§35-2-1. Validation of conveyances, devises, gifts and bequests to trustees.

§35-2-2. Validation of conveyances, devises, gifts and bequests to trustees -- Appointment of trustee; designation of beneficiaries and objects; administration by chancery court cy pres.

§35-2-3. Trustees for unincorporated benevolent, fraternal, etc., organizations.

§35-2-4. Trustees for educational or charitable institutions.

§35-2-5. Record of appointment of trustees; recording fee.

§35-2-6. Trustees of certain organizations to be corporations; powers.

§35-2-7. Certain provisions of article one applicable to property of labor unions.

§35-2-8. Quantity of real estate certain organizations may hold.

§35-2-9. Distribution of income by trust which is deemed a private foundation; prohibitions as to trusts which are private foundations or split-interest trusts; definition of terms.

CHAPTER 35, ARTICLE 3. HOMES AND ASYLUMS OF FRATERNAL ORDERS.

§35-3-1. Acquisition of real estate by unincorporated grand lodges; maximum quantity; exemption from taxation.

§35-3-2. Regulations and boards for government.

§35-3-3. Boards to be corporations; powers.

§35-3-4. Corporate name.

§35-3-5. Incorporated grand lodges may establish homes or asylums.

§35-3-6. Provisions of article not to apply to organizations connected with churches.

§35-3-7. Enticement of residents away from fraternal home; harboring or influencing inmate to violate rules; improper intercourse with female resident of home.

CHAPTER 35, ARTICLE 4. PROVISIONS REGARDING PARTICULAR FRATERNAL ORGANIZATIONS.

§35-4-1. Disposition of property of subordinate lodge of Odd Fellows, Knights of Pythias or Order of Eagles.

CHAPTER 35, ARTICLE 5. CEMETERIES.

§35-5-1. Appointment of new trustees for burial grounds.

§35-5-2. Sale of part of cemetery; prohibitions

§35-5-3. Permanent endowment funds for cemetery associations -- How created.

§35-5-4. Same - How invested; report of trustee; disposition of income.

§35-5-5. Permanent endowment funds for cemetery associations -- Trustee therefor; appointment; bond; compensation; vacancy.

§35-5-6. Express trusts for perpetual care of cemeteries or burial lots.

§35-5-7. Requirements for cemetery company contracts.

§35-5-8. Abandoned interment rights.

CHAPTER 35, ARTICLE 5A. PERPETUAL CARE OF AND TRUST FUNDS FOR CEMETERIES.

§35-5A-1. Definitions.

§35-5A-2. Objects and purposes.

§35-5A-3. Establishment of permanent endowment care funds.

§35-5A-4. Additional funding of permanent endowment care funds.

§35-5A-5. Trustee of the permanent endowment care funds.

§35-5A-6. Cemeteries exempted.

§35-5A-7. Inconsistent provisions.

§35-5A-8. Penalties for violation.

CHAPTER 35, ARTICLE 5B. PRENEED CEMETERY COMPANY PROPERTY, GOODS AND SERVICES; RELATED CONTRACTS.

§35-5B-1. Definitions.

§35-5B-2. Information filing; fees, compliance agent.

§35-5B-3. Exemptions.

§35-5B-4. Deposit in preneed trust required; who may serve as trustee.

§35-5B-5. Requirements for preneed cemetery company contracts.

§35-5B-6. Identification of funds.

§35-5B-7. Corpus of trust account and income to remain in preneed trust account; exception.

§35-5B-8. Disbursement of trust funds upon performance of contract; mausoleum construction required.

§35-5B-9. Seller required to keep records.

§35-5B-10. Financial report and written assurance required.

§35-5B-11. Inclusion of property, goods and services to be delivered within one hundred twenty days.

§35-5B-12. Breach of contract by seller; trust to be single purpose trust.

§35-5B-13. Trustee may rely on certifications and affidavits.

§35-5B-14. Transfer of trust funds to another trustee.

§35-5B-15. Use of trustee's name in advertisements.

§35-5B-16. Cemetery property maintained by cemetery company.

§35-5B-17. Waiver of article void.

§35-5B-18. Violation a misdemeanor.

§35-5B-19. Abandoned interment rights.

CHAPTER 35A. NAMES, EMBLEMS, ETC., OF ASSOCIATIONS, LODGES, ETC.

CHAPTER 35A, ARTICLE 1. REGISTRATION.

§35A-1-1. Registration in office of Secretary of State.

§35A-1-2. Applications for registration; benefit of organizations and members.

§35A-1-3. Record of registration.

§35A-1-4. When registration or alteration not permitted.

§35A-1-5. Certificate of registration.

§35A-1-6. Unauthorized wearing, etc., of badges, mottos, etc.

§35A-1-7. Fees for registration, etc.

CHAPTER 36. ESTATES AND PROPERTY.

CHAPTER 36, ARTICLE 1. CREATION OF ESTATES GENERALLY.

§36-1-1. Creation of estates; necessity of deed or will.

§36-1-2. Power of attorney to execute deed of land; necessity of writing.

§36-1-3. Contracts for sale or lease of land; necessity of writing.

§36-1-4. Repealed. Acts, 2011 Reg. Sess., Ch. 66.

§36-1-4a. Memorandum of trust; requirements; recordation.

§36-1-5. Gifts of personal property.

§36-1-6. Repealed. Acts, 2011 Reg. Sess., Ch. 66.

§36-1-7. Rights of persons not parties to instrument.

§36-1-8. Conveyance by attorney in fact.

§36-1-9. Conveyance of various interests and future estates in land or personal property.

§36-1-10. Operation of conveyance in excess of actual interest.

§36-1-11. Fee simple may be created without words of limitation.

§36-1-12. Estates tail.

§36-1-13. Limitations contingent upon death.

§36-1-14. Rule in Shelley's Case abolished.

§36-1-14a. Doctrine of worthier title and rule that grantor cannot create a limitation in his own heirs or next of kin abolished.

§36-1-15. Contingent remainder; validity; indestructibility.

§36-1-16. Interest in property coupled with power of disposal.

§36-1-17. Repealed. Acts, 2011 Reg. Sess., Ch. 66.

§36-1-18. Repealed. Acts, 2011 Reg. Sess., Ch. 66.

§36-1-19. Joint tenancy; tenancy by entireties; survivorship.

§36-1-20. When survivorship preserved.

§36-1-20a. Elimination of need for straw party in creating joint tenancy with right of survivorship.

§36-1-21. Alien may own land.

§36-1-22. Repealed. Acts, 1963 Reg. Sess., Ch. 94.

§36-1-23. Exemption of certain employee trusts from rule against perpetuities or restraints on alienation.

§36-1-24. Options in leases not affected by rule against perpetuities.

CHAPTER 36, ARTICLE 1A. UNIFORM STATUTORY RULE AGAINST PERPETUITIES.

§36-1A-1. Statutory rule against perpetuities.

§36-1A-2. When nonvested property interest or power of appointment created.

§36-1A-3. Reformation.

§36-1A-4. Exclusions from statutory rule against perpetuities.

§36-1A-5. Prospective application.

§36-1A-6. Short title.

§36-1A-7. Uniformity of application and construction.

§36-1A-8. Supersession repeal.

CHAPTER 36, ARTICLE 2. DISPOSITION OF ESTATES SUBJECT TO FUTURE INTERESTS.

§36-2-1. Sale or lease of real or personal property subject to future interests.

§36-2-2. Persons who may file bill.

§36-2-3. Parties to such suit.

§36-2-4. Order of publication.

§36-2-5. Guardian ad litem.

§36-2-6. Contents of bill.

§36-2-7. Evidence.

§36-2-8. When sale or lease may be made.

§36-2-9. Sale or lease of timber, oil, gas, coal or other minerals.

§36-2-10. Execution of decree by commissioner.

§36-2-11. Title of purchaser.

§36-2-12. Disposition of proceeds.

§36-2-12a. Summary proceedings for sale or lease; petition.

§36-2-13. Remedies herein provided cumulative.

CHAPTER 36, ARTICLE 3. FORM AND EFFECT OF DEEDS AND CONTRACTS.

§36-3-1. Seal not necessary in conveyances of land.

§36-3-2. Covenant on unsealed conveyances or contracts.

§36-3-3. Other effects of seal.

§36-3-4. Distinctions between various kinds of deeds abolished.

§36-3-5. Form of deed.

§36-3-5a. Easement and right-of-way; description of property; exception for certain public utility facilities and mineral leases.

§36-3-6. Necessity of consideration in deed of real property.

§36-3-7. Effect of words of release in a deed.

§36-3-8. Form of lease.

§36-3-9. Form of deed by sheriff or special commissioner.

§36-3-10. Deeds to include buildings, privileges and appurtenances.

§36-3-11. Correcting errors in deeds, deeds of trust, and mortgages; corrective affidavit.

CHAPTER 36, ARTICLE 4. COVENANTS.

§36-4-1. Effect of covenant in a deed.

§36-4-2. General warranty.

§36-4-3. Special warranty.

§36-4-4. Right to convey.

§36-4-5. Quiet possession.

§36-4-6. Freedom from encumbrances.

§36-4-7. Special covenant against encumbrances.

§36-4-8. Further assurances.

§36-4-9. Covenant to pay rents.

§36-4-9a. Cancellation of oil or gas leases for nonpayment of delay rental; prohibition against maintaining actions or proceedings in state courts for enforcement of certain oil or gas leases; rebuttable presumption of intention to abandon well and well equipment.

§36-4-9b. Release of terminated, expired or canceled oil or natural gas leases.

§36-4-10. Covenant to pay taxes.

§36-4-11. Covenant against assignment.

§36-4-12. Covenant for repairs.

§36-4-13. Effect of destruction of buildings.

§36-4-14. Covenant for quiet enjoyment.

§36-4-15. Covenant for reentry for default of lessee.

§36-4-16. Covenants shall run with land.

§36-4-17. Construction of covenants.

§36-4-18. Recorded disclaimer of unlawful restrictions.

§36-4-19. Solar energy covenants unenforceable; penalty.

CHAPTER 36, ARTICLE 5. RELEASE OR DISCLAIMER OF POWERS OF APPOINTMENT.

§36-5-1. Release or disclaimer of general power of appointment.

§36-5-2. Method of effecting release or disclaimer of power of appointment.

§36-5-3. Release or disclaimer of other than general power of appointment.

§36-5-4. Validity of release or disclaimer of power of appointment heretofore made.

§36-5-5. Other methods of release or disclaimer of power of appointment not affected.

CHAPTER 36, ARTICLE 6. UNIFORM PRINCIPAL AND INCOME ACT.

§36-6-1. Repealed.Acts, 2000 Reg. Sess., Ch. 273.

§36-6-2. Repealed.Acts, 2000 Reg. Sess., Ch. 273.

§36-6-3. Repealed.Acts, 2000 Reg. Sess., Ch. 273.

§36-6-4. Repealed.Acts, 2000 Reg. Sess., Ch. 273.

§36-6-5. Repealed.Acts, 2000 Reg. Sess., Ch. 273.

§36-6-6. Repealed.Acts, 2000 Reg. Sess., Ch. 273.

§36-6-7. Repealed.Acts, 2000 Reg. Sess., Ch. 273.

§36-6-8. Repealed.Acts, 2000 Reg. Sess., Ch. 273.

§36-6-9. Repealed.Acts, 2000 Reg. Sess., Ch. 273.

§36-6-10. Repealed.Acts, 2000 Reg. Sess., Ch. 273.

§36-6-11. Repealed.Acts, 2000 Reg. Sess., Ch. 273.

§36-6-12. Repealed.Acts, 2000 Reg. Sess., Ch. 273.

§36-6-13. Repealed.Acts, 2000 Reg. Sess., Ch. 273.

§36-6-14. Repealed.Acts, 2000 Reg. Sess., Ch. 273.

§36-6-15. Repealed.Acts, 2000 Reg. Sess., Ch. 273.

§36-6-16. Repealed.Acts, 2000 Reg. Sess., Ch. 273.

§36-6-17. Repealed.Acts, 2000 Reg. Sess., Ch. 273.

CHAPTER 36, ARTICLE 7. UNIFORM TRANSFERS TO MINORS ACT.

§36-7-1. Definitions.

§36-7-2. Scope and jurisdiction.

§36-7-3. Nomination of custodian.

§36-7-4. Transfer by gift or exercise of power of appointment.

§36-7-5. Transfer authorized by will or trust.

§36-7-6. Other transfer by fiduciary.

§36-7-7. Transfer by obligor.

§36-7-8. Receipt for custodial property.

§36-7-9. Manner of creating custodial property and effecting transfer; designation of initial custodian; control.

§36-7-10. Single custodianship.

§36-7-11. Validity and effect of transfer.

§36-7-12. Care of custodial property.

§36-7-13. Powers of custodian.

§36-7-14. Use of custodial property.

§36-7-15. Custodian's expenses, compensation, and bond.

§36-7-16. Exemption of third person from liability.

§36-7-17. Liability to third persons.

§36-7-18. Renunciation, resignation, death, or removal of custodian; designation of successor custodian.

§36-7-19. Accounting by and determination of liability of custodian.

§36-7-20. Termination of custodianship.

§36-7-21. Applicability.

§36-7-22. Effect on existing custodianships.

§36-7-23. Uniformity of application and construction.

§36-7-24. Short title.

CHAPTER 36, ARTICLE 8. UNIFORM UNCLAIMED PROPERTY ACT.

§36-8-1. Definitions.

§36-8-2. Presumptions of abandonment.

§36-8-2a. Escheat of United States savings bonds.

§36-8-3. Contents of safe deposit box or other safekeeping depository.

§36-8-4. Rules for taking custody.

§36-8-5. Dormancy charge.

§36-8-6. Burden of proof as to property evidenced by record of check or draft.

§36-8-7. Report of abandoned property.

§36-8-8. Payment or delivery of abandoned property.

§36-8-9. Notice and publication of lists of abandoned property.

§36-8-10. Custody by state; recovery by holder; defense of holder.

§36-8-11. Crediting of dividends, interest and increments to owner's account.

§36-8-12. Public sale of abandoned property.

§36-8-13. Deposit of funds.

§36-8-14. Claim of another state to recover property.

§36-8-15. Filing claim with administrator; handling of claims by administrator.

§36-8-16. Action to establish claim.

§36-8-17. Election to take payment or delivery.

§36-8-18. Destruction or disposition of property having no

§36-8-19. Periods of limitation.

§36-8-20. Requests for reports and examination of records.

§36-8-21. Retention of records.

§36-8-22. Enforcement.

§36-8-23. Interstate agreements and cooperation; joint and reciprocal actions with other states.

§36-8-24. Interest and penalties.

§36-8-25. Records of abandoned property.

§36-8-26. Foreign transactions.

§36-8-27. Transitional provisions.

§36-8-28. Rules.

§36-8-29. Uniformity of application and construction.

§36-8-30. Short title.

§36-8-31. Severability clause.

§36-8-32. Effective date.

§36-8-33. Report by administrator.

CHAPTER 36, ARTICLE 8A. UNCLAIMED STOLEN PROPERTY HELD BY LAW-ENFORCEMENT AGENCIES.

§36-8A-1. Definitions.

§36-8A-2. Unclaimed stolen property reports.

§36-8A-3. Treasurer's response to unclaimed stolen property report.

§36-8A-4. Disposition of unclaimed stolen property other than firearms and ammunition.

§36-8A-5. Regarding the disposition of firearms in state custody.

§36-8A-6. Deposit of funds.

§36-8A-7. Immunity of law-enforcement agencies.

CHAPTER 36, ARTICLE 9. WEST VIRGINIA REAL ESTATE TIME-SHARING ACT.

§36-9-1. Short title.

§36-9-2. Purposes.

§36-9-3. Scope.

§36-9-4. Definitions.

§36-9-5. Contracts for purchase of time-share periods.

§36-9-6. Public offering statement.

§36-9-7. Escrow accounts; surety bonds; nondisturbance instruments.

§36-9-8. Reservation agreements; escrows.

§36-9-9. Cancellation.

§36-9-10. Advertising materials.

§36-9-11. Recordkeeping by seller.

§36-9-12. Management.

§36-9-13. Discharge of managing entity.

§36-9-14. Assessment of common expenses.

§36-9-15. Liens for overdue assessments; mechanic's liens, insurance.

§36-9-15a. Trustee's sale of timeshare estates.

§36-9-16. Transfer of seller's interest to third party.

§36-9-17. Exchange programs.

§36-9-18. License required to sell.

§36-9-19. Purchaser's remedies.

§36-9-20. Partition.

§36-9-21. Securities.

§36-9-22. Zoning and building.

§36-9-23. Regulation by division.

§36-9-24. Annual fee for each time-share period in plan.

§36-9-25. West Virginia real estate time-sharing trust fund.

§36-9-26. Taxation.

CHAPTER 36, ARTICLE 10. UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION ACT.

§36-10-1. Definitions.

§36-10-2. Registration in beneficiary form; sole or joint tenancy ownership.

§36-10-3. Registration in beneficiary form; applicable law.

§36-10-4. Origination of registration in beneficiary form.

§36-10-5. Form of registration in beneficiary form.

§36-10-6. Effect of registration in beneficiary form.

§36-10-7. Ownership of death of owner.

§36-10-8. Protection of registering entity.

§36-10-9. Nontestamentary transfer on death.

§36-10-10. Terms, conditions and forms for registration.

§36-10-11. Short title; rules of construction.

§36-10-12. Application of article.

CHAPTER 36, ARTICLE 11. UNIFORM UNINCORPORATED NONPROFIT ASSOCIATION ACT.

§36-11-1. Definitions.

§36-11-2. Supplementary general principles of law and equity.

§36-11-3. Territorial application.

§36-11-4. Real and personal property; nonprofit association as legatee, devisee or beneficiary.

§36-11-5. Statement of authority as to real property.

§36-11-6. Liability in tort and contract.

§36-11-7. Capacity to assert and defend; standing.

§36-11-8. Effect of judgment or order.

§36-11-9. Disposition of personal property of inactive nonprofit association.

§36-11-10. Appointment of agent to receive service of process.

§36-11-11. Claim not abated by change of members or officers.

§36-11-12. Venue.

§36-11-13. Summons and complaint; service on whom.

§36-11-14. Uniformity of application and construction.

§36-11-15. Short title.

§36-11-16. Transition concerning real and personal property.

§36-11-17. Savings clause.

CHAPTER 36, ARTICLE 12. UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT.

§36-12-1. Short Title.

§36-12-2. Definitions.

§36-12-3. Applicability.

§36-12-4. Nonexclusivity.

§36-12-5. Transfer on death deed authorized.

§36-12-6. Transfer on death deed revocable.

§36-12-7. Transfer on death deed nontestamentary.

§36-12-8. Capacity of transferor.

§36-12-9. Requirements.

§36-12-10. Notice, delivery, acceptance and consideration not required.

§36-12-11. Revocation by instrument authorized; revocation by act not permitted.

§36-12-12. Effect of transfer on death deed during transferor's life.

§36-12-13. Effect of transfer on death deed at transferor's death.

§36-12-14. Disclaimer.

§36-12-15. Prior transfer on death liberally construed.

§36-12-16. Uniformity of application and construction.

§36-12-17. Relation to Electronic Signatures in Global and National Commerce Act.

CHAPTER 36A. CONDOMINIUMS AND UNIT PROPERTY.

CHAPTER 36A, ARTICLE 1. PRELIMINARY PROVISIONS.

§36A-1-1. Short title.

§36A-1-2. Definitions.

§36A-1-3. Application of chapter.

CHAPTER 36A, ARTICLE 2. GENERAL PROVISIONS.

§36A-2-1. Status of units; ownership.

§36A-2-2. Common elements.

§36A-2-3. Invalidity of contrary agreements.

CHAPTER 36A, ARTICLE 3. ADMINISTRATIVE PROVISIONS.

§36A-3-1. Administration governed by code of regulations.

§36A-3-2. Adoption, amendment or repeal of code of regulations.

§36A-3-3. Contents of code of regulations.

§36A-3-4. Compliance by owners with code of regulations, administrative provisions, etc.

§36A-3-5. Remedy for noncompliance with code of regulations, administrative provisions, etc.

§36A-3-6. Duties of council.

§36A-3-7. Powers of council.

§36A-3-8. Work on common elements.

§36A-3-9. Certain work prohibited.

§36A-3-10. Easements for work.

§36A-3-11. Common profits and expenses.

§36A-3-12. Voting by unit owners.

§36A-3-13. Records of receipts and expenditures; examination by owners; records of assessments.

CHAPTER 36A, ARTICLE 4. DECLARATIONS, CONVEYANCES, MORTGAGES AND LEASES.

§36A-4-1. Contents of declaration.

§36A-4-2. Declaration plan.

§36A-4-3. Contents of deeds of units.

§36A-4-4. Mortgages and other liens of record affecting property at time of first conveyance of each unit.

§36A-4-5. Sales, conveyances or leases of or liens upon separate units.

CHAPTER 36A, ARTICLE 5. RECORDING.

§36A-5-1. Instruments recordable.

§36A-5-2. Recording a prerequisite to effectiveness of certain instruments.

§36A-5-3. Place of recording.

§36A-5-4. Indexing by recording officer.

§36A-5-5. Recording fees.

CHAPTER 36A, ARTICLE 6. REMOVAL OF PROPERTY FROM PROVISIONS OF CHAPTER; RESUBMISSION.

§36A-6-1. Removal.

§36A-6-2. Effect of removal.

§36A-6-3. Resubmission.

CHAPTER 36A, ARTICLE 7. ASSESSMENTS, TAXATION AND LIENS.

§36A-7-1. Assessments and taxes.

§36A-7-2. Assessment of charges.

§36A-7-3. Method of enforcing charges.

§36A-7-4. Mechanics' liens against units.

§36A-7-5. Unpaid assessments at time of voluntary sale of unit.

CHAPTER 36A, ARTICLE 8. MISCELLANEOUS.

§36A-8-1. Insurance.

§36A-8-2. Repair or reconstruction.

§36A-8-3. Severability.

CHAPTER 36B. UNIFORM COMMON INTEREST OWNERSHIP ACT.

CHAPTER 36B, ARTICLE 1. GENERAL PROVISIONS.

§36B-1-101. Short Title.

§36B-1-102. Applicability.

§36B-1-103. Definitions.

§36B-1-104. Variation by agreement.

§36B-1-105. Separate titles and taxation.

§36B-1-106. Applicability of local ordinances, regulations and building codes.

§36B-1-107. Eminent domain.

§36B-1-108. Supplemental general principles of law applicable.

§36B-1-109. Construction against implicit repeal.

§36B-1-110. Uniformity of application and construction.

§36B-1-111. Unconscionable agreement or term of contract.

§36B-1-112. Obligation of good faith.

§36B-1-113. Remedies to be liberally administered.

§36B-1-114. Adjustment of dollar amounts.

§36B-1-201. Applicability to new common interest communities.

§36B-1-202. Same -- Exception for small cooperatives.

§36B-1-203. Applicability to new common interest communities. -- Exception for small and limited expense liability planned communities.

§36B-1-204. Applicability to preexisting common interest communities.

§36B-1-205. Same -- Exception for small preexisting cooperatives and planned communities.

§36B-1-206. Same -- Amendments to governing instruments.

§36B-1-207. Applicability to nonresidential planned communities.

CHAPTER 36B, ARTICLE 2. CREATION, ALTERATION AND TERMINATION OF COMMON INTEREST COMMUNITIES.

§36B-2-101. Creation of common interest communities.

§36B-2-102. Unit boundaries.

§36B-2-103. Construction and validity of declaration and bylaws.

§36B-2-104. Description of units.

§36B-2-105. Contents of declaration.

§36B-2-106. Leasehold common interest communities.

§36B-2-107. Allocation of allocated interests.

§36B-2-108. Limited common elements.

§36B-2-109. Plats and plans.

§36B-2-110. Exercise of development rights.

§36B-2-111. Alterations of units.

§36B-2-112. Relocation of boundaries between adjoining units.

§36B-2-113. Subdivision of units.

§36B-2-114. Monuments as boundaries.

§36B-2-115. Use for sales purposes.

§36B-2-116. Easement rights.

§36B-2-117. Amendment of declaration.

§36B-2-118. Termination of common interest community.

§36B-2-119. Rights of secured lenders.

§36B-2-120. Master associations.

§36B-2-121. Merger or consolidation of common interest communities.

§36B-2-122. Addition of unspecified real estate.

CHAPTER 36B, ARTICLE 3. MANAGEMENT OF THE COMMON INTEREST COMMUNITY.

§36B-3-101. Organization of unit owners' association.

§36B-3-102. Powers of unit owners' association.

§36B-3-103. Executive board members and officers.

§36B-3-104. Transfer of special declarant rights.

§36B-3-105. Termination of contracts and leases of declarant.

§36B-3-106. Bylaws.

§36B-3-107. Upkeep of common interest community.

§36B-3-108. Meetings.

§36B-3-109. Quorums.

§36B-3-110. Voting; proxies.

§36B-3-111. Tort and contract liability.

§36B-3-112. Conveyance or encumbrance of common elements.

§36B-3-113. Insurance.

§36B-3-114. Surplus funds.

§36B-3-115. Assessments for common expenses.

§36B-3-116. Lien for assessments.

§36B-3-117. Other liens.

§36B-3-118. Association records.

§36B-3-119. Association as trustee.

CHAPTER 36B, ARTICLE 4. PROTECTION OF PURCHASERS.

§36B-4-101. Applicability; waiver.

§36B-4-102. Liability for public offering statement requirements.

§36B-4-103. Public offering statement; general provisions.

§36B-4-104. Same -- Common interest communities subject to development rights.

§36B-4-105. Same -- Time shares.

§36B-4-106. Same -- Common interest communities containing conversion buildings.

§36B-4-107. Same -- Common interest community securities.

§36B-4-108. Purchaser's right to cancel.

§36B-4-109. Resales of units.

§36B-4-110. Escrow of deposits.

§36B-4-111. Release of liens.

§36B-4-112. Conversion buildings.

§36B-4-113. Express warranties of quality.

§36B-4-114. Implied warranties of quality.

§36B-4-115. Exclusion or modification of implied warranties of quality.

§36B-4-116. Statute of limitations for warranties.

§36B-4-117. Effect of violations on rights of action; attorney's fees.

§36B-4-118. Labeling of promotional material.

§36B-4-119. Declarant's obligation to complete and restore.

§36B-4-120. Substantial completion of units.

CHAPTER 37. REAL PROPERTY.

CHAPTER 37, ARTICLE 1. LANDS OF INFANTS, INSANE PERSONS, OR CONVICTS, AND LANDS HELD IN TRUST.

§37-1-1. Renewal of lease by or to persons under disability.

§37-1-2. Sale, lease or mortgage; bill; parties; definition.

§37-1-3. Guardian ad litem.

§37-1-4. Depositions.

§37-1-5. Decree.

§37-1-6. Who not to be purchaser.

§37-1-7. Investment of proceeds.

§37-1-8. Joinder of spouse, or sale free of dower.

§37-1-9. Release of dower under order of court; conveyance without joinder of spouse.

§37-1-10. Proceeds of sale to descend as lands.

§37-1-11. Summary proceedings for sale, lease or mortgage; petition; notice.

§37-1-11a. Jurisdiction of court in proceedings under article; process; investment not required if funds unavailable.

§37-1-12. Guardian ad litem in summary proceeding.

§37-1-13. Order; sale.

§37-1-14. Bond for proceeds.

§37-1-15. Application of proceeds; costs.

§37-1-16. Confirmation; conveyance.

§37-1-17. Validation of certain sales.

CHAPTER 37, ARTICLE 2. ESCHEATS.

§37-2-1. Repealed. Acts, 1992 Reg. Sess., Ch. 75.

§37-2-2. Escheat of equitable interests.

§37-2-3. Tenants of escheated land.

§37-2-4. Escheator.

§37-2-5. List of land by escheator.

CHAPTER 37, ARTICLE 2A. PUBLIC LAND CORPORATION OF WEST VIRGINIA.

§37-2A-1. Repealed.Acts, 1961 Reg. Sess., Ch. 133.

§37-2A-2. Repealed.Acts, 1961 Reg. Sess., Ch. 133.

§37-2A-3. Repealed.Acts, 1961 Reg. Sess., Ch. 133.

§37-2A-4. Repealed.Acts, 1961 Reg. Sess., Ch. 133.

§37-2A-5. Repealed.Acts, 1961 Reg. Sess., Ch. 133.

§37-2A-6. Repealed.Acts, 1961 Reg. Sess., Ch. 133.

§37-2A-7. Repealed.Acts, 1961 Reg. Sess., Ch. 133.

§37-2A-8. Repealed.Acts, 1961 Reg. Sess., Ch. 133.

§37-2A-9. Repealed.Acts, 1961 Reg. Sess., Ch. 133.

CHAPTER 37, ARTICLE 2B. REDEMPTION OF, AND CLARIFICATION OF TITLE TO, REAL PROPERTY FORMERLY HELD FOR RELIGIOUS, CHARITABLE AND EDUCATIONAL PURPOSES AND IMPROPERLY EXEMPTED FROM TAXES.

§37-2B-1. Compromise of state's claims.

§37-2B-2. Auditor's receipt for redemption; receipt as release and discharge from taxes; recordation.

§37-2B-3. Entry and back-taxing of property after redemption.

§37-2B-4. Entry of property acquired after year 1942.

§37-2B-5. Reports to Auditor by assessor; when assessor to reenter property.

§37-2B-6. Protection of purchasers of exempted property who have held for five years or more; right of redemption.

§37-2B-7. Protection of Constitutional transferees; priority of redemption.

§37-2B-8. Purpose of article; power and jurisdiction of courts; state as party to suits.

§37-2B-9. Auditor's power to provide for redemption of such property as not covered by other statutes.

CHAPTER 37, ARTICLE 3. SALE OF LAND FOR BENEFIT OF SCHOOL FUND.

§37-3-1. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-2. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-3. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-4. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-5. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-6. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-7. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-8. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-9. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-10. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-11. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-12. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-13. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-14. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-15. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-16. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-17. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-18. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-19. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-20. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-21. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-22. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-23. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-24. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-25. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-26. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-27. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-28. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-29. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-30. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-31. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-32. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-33. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-34. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-35. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-36. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-37. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-38. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

§37-3-39. Repealed.Acts, 1941 Reg. Sess., Ch. 117.

CHAPTER 37, ARTICLE 4. PARTITION.

§37-4-1. Who entitled to partition; jurisdiction; state as party plaintiff.

§37-4-2. Allotting shares together.

§37-4-3. Allotment or sale; procedure for allotment.

§37-4-4. Determination of liens.

§37-4-5. Sale of land free of dower.

§37-4-6. Unknown owners.

§37-4-7. Lessees.

§37-4-8. Record; effect.

§37-4-9. Disposition of funds due to unknown or unlocatable interest owners; rulemaking.

CHAPTER 37, ARTICLE 5. ADJOINING OWNERS.

§37-5-1. Excavations near boundaries.

§37-5-2. Survey of mine.

§37-5-3. Prosecution under preceding sections.

CHAPTER 37, ARTICLE 6. LANDLORD AND TENANT.

§37-6-1. Rights of parties on transfer of land or reversion.

§37-6-2. Rights of lessee against transferee of reversion.

§37-6-3. Effect of transfer of rent, reversion or remainder.

§37-6-4. Attornment to stranger void.

§37-6-5. Notice to terminate tenancy.

§37-6-6. Desertion of leased property; entry; recovery of rent, disposition of abandoned personal property; notice.

§37-6-7. Reletting by landlord.

§37-6-8. Tenant's right to recover possession.

§37-6-9. Recovery of rent by distress or action; evidence; interest.

§37-6-10. Who may recover rent.

§37-6-11. Persons liable for rent; termination of lease upon death.

§37-6-12. Distress for rent; time and place; warrant.

§37-6-13. Property subject to distress.

§37-6-14. Forcible entry by officer.

§37-6-15. Unlawful act after making distress; damages.

§37-6-16. Distress or attachment when rent not payable in money.

§37-6-17. Attachment for rent.

§37-6-18. Removal of goods by third party having lien.

§37-6-19. Right of reentry; ejectment; unlawful detainer; judgment by default.

§37-6-20. Relief against forfeiture.

§37-6-21. Rights of mortgagee or trustee.

§37-6-22. Injunction against ejectment or unlawful detainer.

§37-6-23. Effect of payment of rent or relief in equity.

§37-6-24. Record of reentry; publication of certificate.

§37-6-25. Fees of clerk.

§37-6-26. Payment of rent and reinstatement after reentry.

§37-6-27. Defects in entry proceedings.

§37-6-28. Destruction of buildings; abatement of rent.

§37-6-29. Land taken by eminent domain; termination or reduction of rent.

§37-6-30. Landlord to deliver premises; duty to maintain premises in fit and habitable condition.

§37-6-31. Exclusions from application of this article.

CHAPTER 37, ARTICLE 6A. RESIDENTIAL RENTAL SECURITY DEPOSITS.

§37-6A-1. Definitions.

§37-6A-2. Security deposits.

§37-6A-3. Maintenance of records by landlord.

§37-6A-4. Prohibited provision in rental agreements.

§37-6A-5. Landlord's noncompliance.

§37-6A-6. Application and effective date of this article.

CHAPTER 37, ARTICLE 7. WASTE.

§37-7-1. Waste by tenant in possession.

§37-7-2. Waste by cotenant.

§37-7-3. Guardians.

§37-7-4. Actions; damages.

§37-7-5. Waste pending suit.

CHAPTER 37, ARTICLE 8. EMBLEMENTS.

§37-8-1. Lessee of tenant or owner of an uncertain interest.

§37-8-2. Land employed in farming or planting.

§37-8-3. At common law.

CHAPTER 37, ARTICLE 9. APPORTIONMENT OF RENT.

§37-9-1. Apportionment of rent on determination of estate.

§37-9-2. Remedies for recovery.

§37-9-3. Scope of article.

§37-9-4. Apportionment on purchase of rent or part of land.

CHAPTER 37, ARTICLE 10. LAND RECORDS PROCURED FROM VIRGINIA.

§37-10-1. Custody of records procured from Virginia.

§37-10-2. Charge of such records by Auditor.

§37-10-3. Copies from records as evidence; fees.

§37-10-4. Fees.

CHAPTER 37, ARTICLE 11. CURATIVE PROVISIONS RESPECTING DEEDS AND OTHER WRITINGS AND THE RECORDATION THEREOF.

§37-11-1. Informality in deeds and other instruments.

§37-11-2. Validation of instruments, acknowledgments and records.

§37-11-3. Validation of acknowledgments defective in other respects.

§37-11-4. Validation of records failing to comply with §9, chapter 73, code 1868.

§37-11-5. Presumption of jurisdiction in cases of judicial sales.

§37-11-6. Presumption of authority of commissioners and certain other officers in certain cases.

CHAPTER 37, ARTICLE 12. SURVEYORS.

§37-12-1. Survey by magnetic meridian; variations; measurement.

§37-12-2. Execution of orders of survey.

CHAPTER 37, ARTICLE 13. REMOVAL, TRANSFER AND DISPOSITION OF REMAINS IN GRAVES LOCATED UPON PRIVATELY OWNED LANDS.

§37-13-1. Jurisdiction to permit and order removal, etc.

§37-13-1a. Improvement, construction or development upon privately owned lands containing graves.

§37-13-2. Action; contents of petition.

§37-13-3. Parties; notice.

§37-13-4. Hearing; discretion in granting or refusing relief; order.

§37-13-5. Procedure upon removal.

§37-13-6. Costs.

§37-13-7. Remedy herein provided cumulative.

CHAPTER 37, ARTICLE 13A. GRAVES LOCATED UPON PRIVATELY OWNED LANDS.

§37-13A-1. Access of certain persons to cemeteries and graves located on private land.

§37-13A-2. Definitions.

§37-13A-3. Conduct of persons accessing cemeteries or grave sites; persons liable for damage.

§37-13A-4. Limiting the use of motor vehicles on private lands.

§37-13A-5. Cause of action for injunctive relief.

§37-13A-6. Application of article.

§37-13A-7. Existence of cemetery or grave site, notification.

CHAPTER 37, ARTICLE 14. THE REAL ESTATE APPRAISER LICENSING AND CERTIFICATION ACT.

§37-14-1. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-2. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-3. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-4. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-5. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-6. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-7. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-8. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-9. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-10. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-11. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-12. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-13. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-14. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-15. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-16. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-17. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-18. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-19. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-20. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-21. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-22. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-23. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-24. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-25. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-26. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-27. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-28. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-29. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-30. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-31. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-32. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-33. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-34. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-35. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-36. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-37. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-38. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-39. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-40. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-41. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-42. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-43. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-44. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

§37-14-45. Repealed.Acts, 2001 Reg. Sess., Ch. 237.

CHAPTER 37, ARTICLE 15. HOUSE TRAILERS, MOBILE HOMES, MANUFACTURED HOMES AND MODULAR HOMES.

§37-15-1. Purpose and applicability.

§37-15-2. Definitions.

§37-15-3. Written agreement required.

§37-15-3a. Rules and regulations.

§37-15-4. Liability of secured party taking possession of an abandoned factory-built home.

§37-15-5. Demands and charges prohibited; access by tenant's invitee; purchases by factory-built home owner not restricted; exception; conditions of occupancy.

§37-15-6. Termination of tenancy.

§37-15-6a. Termination of tenancy of more than twenty-five tenants.

§37-15-7. Retaliatory conduct prohibited.

§37-15-8. Effect on taxation.

CHAPTER 37A. ZONING.

CHAPTER 37A, ARTICLE 1. RADIO ASTRONOMY ZONING ACT.

§37A-1-1. Short title.

§37A-1-2. Restrictions -- Within two miles of facility.

§37A-1-3. Same -- Within ten miles of facility.

§37A-1-4. Applicability of article to existing equipment.

§37A-1-5. Violations of article.

§37A-1-6. Same -- Injunctive relief.

CHAPTER 37B. MINERAL DEVELOPMENT.

CHAPTER 37B, ARTICLE 1. MINERAL DEVELOPMENT BY A MAJORITY OF COTENANTS.

§37B-1-1. Short title.

§37B-1-2. Declaration of public policy; legislative findings.

§37B-1-3. Definitions.

§37B-1-4. Lawful use and development by cotenants; election of interests; reporting and remitting of interests of unknown or unlocatable cotenants; establishment of terms and provisions for development; and merging of surface and oil and gas.

§37B-1-5. Limitations of liability for certain cotenants.

§37B-1-6. Surface use.

§37B-1-7. Severability.

CHAPTER 37B, ARTICLE 2. UNKNOWN AND UNLOCATABLE INTEREST OWNERS ACT.

§37B-2-1. Short title.

§37B-2-2. Relationship between unknown and unlocatable interest provisions and unclaimed property provisions.

§37B-2-3. Definitions.

§37B-2-4. Report of unknown and unlocatable interest owners.

§37B-2-5. Unknown and unlocatable interest owners fund; duties of the State Treasurer.

§37B-2-6. Crediting of interest to owner's account.

§37B-2-7. Rules.

§37B-2-8. Severability clause.

§37B-2-9. Effective date.

CHAPTER 37C. MINERAL DEVELOPMENT.

CHAPTER 37C, ARTICLE 1. INFORMATION REPORTING AND PAYMENTS TO OWNERS.

§37C-1-1. Oil and natural gas production information reporting from horizontal wells.

§37C-1-2. Accumulation and payment of proceeds from production from horizontal wells.

§37C-1-3. Payments from horizontal wells to be made timely; interest penalties.

CHAPTER 38. LIENS.

CHAPTER 38, ARTICLE 1. VENDOR'S AND TRUST DEED LIENS.

§38-1-1. Vendor's lien; its enforcement.

§38-1-1a. Deeds of trust conveying real and/or personal property; limitations on application of article.

§38-1-2. Form of deed of trust; memorandum of deed of trust may be recorded.

§38-1-3. Sales under trust deeds.

§38-1-4. Notice of sale.

§38-1-4a. Statute of limitations for sales by trustees.

§38-1-5. Terms of sale.

§38-1-6. Form of trustee's deed.

§38-1-7. Application of proceeds; action to recover a deficiency.

§38-1-8. Return of account of sale; forfeiture of commissions on failure to account.

§38-1-8a. Reports by Trustee to County Clerk; additional information to be filed with report of sale.

§38-1-9. Recordation of account of trustee.

§38-1-10. Who may require trustee to give bond; new trustee on failure to give; notice.

§38-1-11. Amount and approval of bond of trustee; recordation; effect of failure to give.

§38-1-12. Bond of new trustee appointed by court; recordation.

§38-1-13. Substitution of trustees under a trust deed securing a debt.

§38-1-14. Future advances secured by credit line deed of trust; definitions; notice requirements and form; priority over other liens; release.

§38-1-15. Validity of deed of trust upon renewal of loan.

§38-1-16. Sale of real property pursuant to a deed of trust; preexisting tenancy.

§38-1-17. Personal property after foreclosure; notice and access to recover personal property; abandonment.

CHAPTER 38, ARTICLE 1A. TRUSTEES OF SECURITY TRUSTS.

§38-1A-1. "Security trust" defined.

§38-1A-2. Nonresident of state not to be named trustee; corporations eligible to be trustees.

§38-1A-3. Validity of sales and titles conveyed by nonresident trustees.

§38-1A-4. Enjoining sales or conveyances by nonresident trustees.

§38-1A-5. Recovery of commissions, costs and expenses following sale by nonresident trustee.

§38-1A-6. Security trust not to be recorded unless trustee's address stated; sufficiency thereof.

§38-1A-7. Secretary of state attorney-in-fact for service on nonresident trustees.

§38-1A-8. How service of process or notice made.

§38-1A-9. Action by Secretary of State following service.

§38-1A-10. Other manner of serving process or notice.

§38-1A-11. Appointment of resident trustee by court; powers and duties of substituted trustee.

§38-1A-12. Notice of motion for appointment of resident trustee; guardians ad litem.

§38-1A-13. Provisions of article severable and remedial.

CHAPTER 38, ARTICLE 2. MECHANICS' LIENS.

§38-2-1. Lien of contractor.

§38-2-2. Lien of subcontractor.

§38-2-3. Lien of materialman furnishing supplies to owner.

§38-2-4. Lien of materialman furnishing supplies to contractor or subcontractor.

§38-2-5. Lien of mechanic or laborer working for owner.

§38-2-6. Lien of mechanic or laborer working for contractor or subcontractor.

§38-2-6a. Lien of architect, surveyor, engineer or landscape architect.

§38-2-7. Necessity and period for perfecting lien.

§38-2-8. Notice and recordation of contractor's lien.

§38-2-9. Notice and recordation of subcontractor's lien.

§38-2-10. Notice and recordation of lien for supplies furnished to owner.

§38-2-11. Notice and recordation of lien for supplies furnished to contractor or subcontractor.

§38-2-12. Notice and recordation of lien of mechanic or laborer working for owner.

§38-2-13. Notice and recordation of lien of mechanic or laborer working for contractor or subcontractor.

§38-2-14. Discharge of lien for failure to comply with article.

§38-2-15. Publication and posting of notice to nonresident owner or owner not found.

§38-2-16. What deemed included in one contract.

§38-2-17. Priority of mechanics' liens over other liens.

§38-2-18. Priority as among mechanics' lienors.

§38-2-19. Demand of account by owner; discharge of lien for failure to file account.

§38-2-20. Preliminary notice to owner; effect.

§38-2-21. Effect of payment by owner to contractor or subcontractor.

§38-2-22. Limitation of owner's liability by recordation of contract and bond of general contractor.

§38-2-23. Effect of failure of owner to record contract and bond.

§38-2-24. Form of bond.

§38-2-25. Amount of rural land subject to lien.

§38-2-26. Enforcement of contractor's bond in suit to enforce lien.

§38-2-27. Clerk of county court to record notices of liens, contracts and bonds; record book; indexing.

§38-2-28. Proof of sale and delivery prima facie proof of use of materials.

§38-2-29. Lien on several structures.

§38-2-30. Compensation and lien of contractor on default of owner.

§38-2-31. Lien against corporation for work or labor; priority.

§38-2-32. Perfecting lien for work or labor against corporation.

§38-2-33. Clerk to record notices of liens against corporations for work and labor.

§38-2-34. Time within which suit to enforce lien may be brought; right of other lienors to intervene.

§38-2-35. Decree of sale in suit to enforce lien; personal decree.

§38-2-36. Discharge or release of lien; recordation; escrow; disbursement of escrow.

§38-2-37. Ordering clerk to execute release when lienholder refuses.

§38-2-38. Enforcement of lien by executor, administrator or assignee.

§38-2-39. Public building; bond of contractor; recordation of bond; no lien in such case.

CHAPTER 38, ARTICLE 3. JUDGMENT LIENS.

§38-3-1. Effect of decrees and orders; enforcement.

§38-3-2. Decree or order for payment of money; enforcement by execution.

§38-3-3. Meaning of word "judgment."

§38-3-4. Abstracts of judgments; damages or penalty for failure of clerk or justice to deliver.

§38-3-5. Docketing abstracts of judgments; indexing; damages or penalty for failure of clerk to perform duties.

§38-3-6. Lien of judgment on real estate.

§38-3-7. Judgment lien not good as against bona fide purchasers unless docketed, etc.; effect of issuing and filing execution.

§38-3-8. Notation of executions on judgment lien docket.

§38-3-9. Enforcement of judgment lien by suit.

§38-3-10. Same -- Parties.

§38-3-11. Same -- Publication of notice to lienholders.

§38-3-12. Same -- Duties of commissioner.

§38-3-13. Same -- Confirmation of report; decree of rental or sale and distribution.

§38-3-14. Same -- Judgment against debtor pending suit.

§38-3-15. Same -- Other proceedings commenced pending suit.

§38-3-16. Order of liability of real estate.

§38-3-17. Judgment liens commencing on same day.

§38-3-18. Limitations on enforcement of judgments.

§38-3-19. Exceptions to limitations.

CHAPTER 38, ARTICLE 4. EXECUTIONS.

§38-4-1. Executions against corporations.

§38-4-2. Executions on joint judgments.

§38-4-3. Execution for benefit of person other than plaintiff.

§38-4-4. Writs of possession and fieri facias on judgments for specific property.

§38-4-5. Execution or fieri facias on money judgment.

§38-4-6. On what fieri facias may be levied.

§38-4-7. How currency or bank notes shall be accounted for.

§38-4-8. Commencement and duration of lien of fieri facias.

§38-4-9. Purchaser for value and without notice before levy takes free of lien; payment or delivery to debtor without notice is without liability.

§38-4-10. Docketing as constructive notice.

§38-4-11. Docketing of execution.

§38-4-12. Exemption from execution.

§38-4-13. Indorsement of time of receipt by officer; penalty for failure to indorse.

§38-4-14. Order of levy and satisfaction of several writs.

§38-4-15. Rules concerning distress or levy.

§38-4-16. Officer's return upon fieri facias.

§38-4-17. Resale upon default of purchaser.

§38-4-18. Writ of venditioni exponas; notice of sale.

§38-4-19. Proceeding in case of death of officer before sale.

§38-4-20. Time and place for sale of personal property under distraint, levy or order of court; posting or publishing notice; conduct and terms of sale.

§38-4-21. Adjournment of sale.

§38-4-22. Appraisal before sale.

§38-4-23. Method and terms of sale of appraised property.

§38-4-24. Payments on purchase money notes.

§38-4-25. Judgment on defaulted purchase money notes.

§38-4-26. Form of judgment on notes.

§38-4-27. Disposition of surplus received by officer; disposition of money not paid over when execution stayed.

§38-4-28. Liability of officer for money received under execution payable to nonresident of county.

§38-4-29. Successive executions.

§38-4-30. New execution when property sold is recovered from obligor on indemnifying bond or purchaser.

§38-4-31. Motion to quash execution.

§38-4-32. Limitation on motion for failure to return execution.

CHAPTER 38, ARTICLE 5. PROCEEDINGS IN AID OF EXECUTION; INTERROGATORIES; SUGGESTION.

§38-5-1. Ascertainment by interrogatories of estate upon which fieri facias or execution is a lien and of real estate to which judgment debtor is entitled.

§38-5-2. Time of return of summons and appearance of debtor.

§38-5-3. Record of examination by commissioner; objections and rulings thereon.

§38-5-4. Conveyance of real estate outside state and delivery or assignment of personal estate to officer.

§38-5-5. Compelling debtor to answer.

§38-5-6. Report by commissioner.

§38-5-7. Orders concerning disposition of property conveyed, delivered or assigned to officer.

§38-5-8. Sale of real estate conveyed to officer.

§38-5-9. Disposition of personal property and collection of debts.

§38-5-10. Suggestion on judgment; summons against person suggested.

§38-5-11. Officer's return of summons.

§38-5-12. Discharge of liability of person suggested on negotiable instrument.

§38-5-13. Contents of answer of person suggested; verification.

§38-5-14. Discharge of person suggested by payment of money or delivery of property; officer's receipt.

§38-5-15. Order of court for payment by person suggested.

§38-5-16. Effect of order of court as judgment.

§38-5-17. Failure of person suggested to answer.

§38-5-18. Jury trial in suggestion proceedings; waiver of jury; right of appeal; costs.

§38-5-19. Return by officer as to money received in suggestion proceedings; disposition of money.

§38-5-20. Suit for recovery of property or debt subject to lien.

§38-5-21. Form of judgment for money in suit to enforce execution; receipt for money received by judgment creditor.

§38-5-22. Disposition of leviable property recovered in suit.

§38-5-23. Additional executions.

CHAPTER 38, ARTICLE 5A. SUGGESTIONS OF SALARY AND WAGES OF PERSONS ENGAGED IN PRIVATE EMPLOYMENT.

§38-5A-1. Definitions.

§38-5A-2. Salary or wages subject to suggestion only as provided in this article.

§38-5A-3. Application for suggestee execution against salary or wages; extent of lien and continuing levy; exemption; priority among suggestee executions.

§38-5A-4. Notice to judgment debtor; time for service on suggestee; fee.

§38-5A-5. Service of suggestee execution upon suggestee; payments in satisfaction of execution; action for failure or refusal to pay; payments to be made every ninety days.

§38-5A-6. Vacation and modification of suggestee executions.

§38-5A-7. Renewal of suggestee executions.

§38-5A-8. Priority of suggestee executions over assignments.

§38-5A-9. Exemptions.

§38-5A-10. Accounting for moneys collected under suggestee executions.

§38-5A-11. Supreme court of appeals authorized to prescribe forms of suggestee executions.

§38-5A-12. Fees.

§38-5A-13. Construction of article.

CHAPTER 38, ARTICLE 5B. SUGGESTION OF THE STATE AND POLITICAL SUBDIVISIONS; GARNISHMENT AND SUGGESTION OF PUBLIC OFFICERS.

§38-5B-1. Definitions.

§38-5B-2. Application for suggestee execution against money from state, state agency or political subdivision; extent of lien and continuing levy; priority among suggestee executions.

§38-5B-3. Suggestee execution against salary or wages; commencement of lien; priorities.

§38-5B-4. Notice to judgment debtor of execution against salary or wages; time for service on officer of suggestee.

§38-5B-5. Service of suggestee execution and vacating or modifying order.

§38-5B-6. Vacation and modification of suggestee executions.

§38-5B-7. Renewal of suggestee executions.

§38-5B-8 Repealed Acts, 2017 Reg. Sess., Ch. 98.

§38-5B-9. Payments in satisfaction of execution; liability of officer for payment or failure to pay; action against political subdivision failing to pay; declaratory judgment as to right against state.

§38-5B-10. Priority of suggestee executions over assignments.

§38-5B-11. Executions against claims due contractors on public works.

§38-5B-12. Exemptions.

§38-5B-13. Accounting for moneys collected under suggestee executions.

§38-5B-14. Supreme court of appeals authorized to prescribe forms of suggestee executions.

§38-5B-15. Garnishment and suggestion of money and other personality in hands of public officers.

§38-5B-16. Construction of article; effect on existing law.

CHAPTER 38, ARTICLE 6. INDEMNIFYING, SUSPENDING AND FORTHCOMING BONDS; TRIAL OF CONFLICTING CLAIMS TO PROPERTY IN CASE OF LEVY OF EXECUTION.

§38-6-1. Bond to indemnify officer making levy.

§38-6-2. Effect of giving, or of refusal to give, bond; return of bond to clerk's office.

§38-6-3. Suspending bond; settling claimant's title; how suits on bonds prosecuted.

§38-6-4. Procedure for determination of conflicting claims to property levied on.

§38-6-5. Order of sale pending determination of rights.

§38-6-6. Disposition of surplus proceeds.

§38-6-7. Forthcoming bonds.

§38-6-8. Sale of perishable property or property expensive to keep.

§38-6-9. Levy on additional property.

§38-6-10. Enforcement of forthcoming bond.

§38-6-11. Action or motion on forthcoming bond; enforcement of original judgment.

§38-6-12. Defenses to bond taken under distress warrant.

§38-6-13. Remedies on quashing of forthcoming bond.

§38-6-14. Forthcoming bonds forbidden in certain cases.

§38-6-15. Indorsement on execution forbidding forthcoming bond.

§38-6-16. Costs.

CHAPTER 38, ARTICLE 7. ATTACHMENT.

§38-7-1. Filing of affidavit; prejudgment hearing; seizure of property.

§38-7-2. Grounds of attachment.

§38-7-3. Statement of facts showing grounds of attachment in affidavit.

§38-7-4. Form of order of attachment.

§38-7-5. Attachment for claim not due.

§38-7-6. Amendment of affidavit.

§38-7-7. What property may be attached.

§38-7-8. Taking possession of personal property; plaintiff's bond.

§38-7-9. Liability of officer where plaintiff's bond given.

§38-7-10. Execution of plaintiff's bond after order of attachment sued out.

§38-7-11. Exceptions to plaintiff's bond.

§38-7-12. Form of order of attachment when bond given.

§38-7-13. To what officers orders may be directed.

§38-7-14. Execution and return of attachment; penalty for failure.

§38-7-15. Garnishment.

§38-7-16. Levy of attachment upon real estate.

§38-7-17. Contents of officer's return of attachment.

§38-7-18. Attachment on Sunday or holiday.

§38-7-19. Lien of attachment.

§38-7-20. Retention of property or release of attachment on forthcoming bond or bond to perform judgment taken by officer.

§38-7-21. Return and filing of forthcoming bond or bond to perform judgment; exceptions to bond.

§38-7-22. Interest and profits pending suit; discharge of attachment on bond.

§38-7-23. Custody of attached property; sale of perishable property or property expensive to keep; terms.

§38-7-24. Answer of garnishee.

§38-7-25. Discharge of garnishee by payment of money or delivery of property.

§38-7-26. Order against garnishee for payment or delivery; forthcoming bond.

§38-7-27. Failure of garnishee to answer.

§38-7-28. Jury trials in garnishment cases; waiver of right; appeal; costs.

§38-7-29. Effect of order against garnishee as judgment.

§38-7-30. Service of process.

§38-7-31. Who may defend against attachment.

§38-7-32. Quashing of attachment for insufficiency of affidavit.

§38-7-33. Denial of grounds of attachment; trial; new trial; appeal.

§38-7-34. Final judgment for defendant on merits.

§38-7-35. Damages for unlawful attachment.

§38-7-36. Order of sale to satisfy judgment for plaintiff.

§38-7-37. Sale of attached land; conveyance.

§38-7-38. Conveyance by former officer; sale or conveyance by special commissioner.

§38-7-39. Bond for sale of attached land when defendant has not appeared or been served.

§38-7-40. Bond for sale of attached personal property when defendant has not appeared or been served.

§38-7-41. Intervention of third persons; trial; costs.

§38-7-42. Priority of attachments.

§38-7-43. Rehearing after judgment or decree on service by publication.

§38-7-44. Judgment on rehearing; costs.

§38-7-45. Appeal bond; return of property to owner.

§38-7-46. Who may give bonds.

CHAPTER 38, ARTICLE 8. EXEMPTIONS FROM LEVY.

§38-8-1. Exemptions of personal property.

§38-8-2. Definition of value.

§38-8-3. Method of claiming exemption on personal property.

§38-8-4. Demand for appraisement; selection of appraisers.

§38-8-5. Appraisement.

§38-8-6. Officer's return to include appraisement and debtor's list.

§38-8-7. Release of exempt claim or demand.

§38-8-8. Forfeiture by officer selling or refusing to release exempt property.

§38-8-9. Compensation of appraisers.

§38-8-10. Right of exemption of surviving spouse or minor children.

§38-8-11. No exemption from claims for child or spousal support, purchase money or taxes.

§38-8-12. How appraisement may be set aside; determination of liens.

§38-8-13. Proceedings or transfers to avoid exemption prohibited.

§38-8-14. Unripe crops exempt; exception as to corn.

§38-8-15. Waiver of exemption void.

CHAPTER 38, ARTICLE 9. HOMESTEAD EXEMPTIONS.

§38-9-1. Persons entitled to homestead; value.

§38-9-2. Definitions.

§38-9-3. Debts enforceable against homestead.

§38-9-4. Proceedings to reach excess value of homestead.

§38-9-5. Descent of homestead to infant children.

§38-9-6. Waiver of exemption void.

CHAPTER 38, ARTICLE 10. FEDERAL TAX LIENS; ORDERS AND DECREES IN BANKRUPTCY.

§38-10-1. Recordation of federal tax lien; release; fee.

§38-10-1a. Recordation of certificates of redemption.

§38-10-2. Recordation of adjudications of bankruptcy; fee.

§38-10-3. Recordation of orders approving bonds of trustees in bankruptcy; fee.

§38-10-4. Exemptions of property in bankruptcy proceedings.

CHAPTER 38, ARTICLE 10A. FEDERAL LIEN REGISTRATION.

§38-10A-1. Scope.

§38-10A-2. Place of filing.

§38-10A-3. Execution of notices and certificates.

§38-10A-4. Duties of the clerk of the county commission.

§38-10A-5. Fees.

CHAPTER 38, ARTICLE 10B. LIENS ON STOCKS OF GOODS AND INVENTORIES OF COOPERATIVE ASSOCIATIONS.

§38-10B-1. Repealed. Acts, 1963 Reg. Sess., Ch. 193.

CHAPTER 38, ARTICLE 10C. STATE AND LOCAL TAX LIENS.

§38-10C-1. Recordation necessary for priority of liens in favor of state, political subdivision or municipality.

§38-10C-2. Notices of liens of state, political subdivisions and municipalities to be filed; indexes; withdrawal release.

CHAPTER 38, ARTICLE 10D. SUPER FUND LIEN RECORDATION ACT.

§38-10D-1. Recordation of federal superfund liens; release; fee.

CHAPTER 38, ARTICLE 10E. LIEN ON INSURANCE PROCEEDS FOR DEBRIS REMOVAL.

§38-10E-1. Debris removal; notice of insurance proceeds; lien of municipality and county.

§38-10E-2. Release of lien.

CHAPTER 38, ARTICLE 11. MISCELLANEOUS LIENS AND PLEDGES.

§38-11-1. Definition of lienor.

§38-11-2. Rights of lienor in property subject to other claims; priority.

§38-11-3. Improver's, storer's or transporter's lien on personal property and animals.

§38-11-4. Lien of bailee of animals or vehicles.

§38-11-5. Lien for lodging and board.

§38-11-6. Lien of humane officer.

§38-11-7. Recovery of possession from owner by lienor.

§38-11-8. Lien for service of male animals.

§38-11-9. Workman's or materialman's lien on vessel.

§38-11-10. Lienor's right to compensation and lien for storage.

§38-11-11. Assignability of liens.

§38-11-12. Liability of lienor or pledgee for safe return of property delivered to another.

§38-11-13. How possessory lien may be waived, lost or released.

§38-11-14. Enforcement of lien or pledge.

§38-11-15. Sale or disposition of perishable or hazardous goods by lienor or pledgee.

§38-11-16. Other remedies of lienor or pledgee.

§38-11-17. Repealed. Acts, 1981 Reg. Sess., Ch. 141.

CHAPTER 38, ARTICLE 12. RELEASE AND ASSIGNMENT OF LIENS.

§38-12-1. When release of lien required; requisites thereof.

§38-12-2. When trustee may release lien of deed of trust; effect.

§38-12-3. Release by trustee when unnamed persons are secured; publication; effect.

§38-12-4. Form of release; recordation of assignment with release by assignee.

§38-12-5. Partial or limited release.

§38-12-6. Liability of lienor for release after assignment.

§38-12-7. Release when lienor under disability.

§38-12-8. Recordation of release; effect.

§38-12-9. Duties of clerk.

§38-12-10. Action on refusal of lienholder to execute release.

§38-12-11. Construction of article.

§38-12-12. Noting satisfaction of execution on judgment lien docket.

§38-12-13. Penalty for failure of clerk or other officer.

CHAPTER 38, ARTICLE 13. ASSIGNMENT BY INSOLVENT FOR THE BENEFIT FOR ALL CREDITORS.

§38-13-1. Assignment by insolvent; form; acknowledgment; recordation; assent of trustee; transfer of stockholders' liability.

§38-13-2. Oath and bond of trustee; requiring further security.

§38-13-3. Reference to fiduciary commissioner; appraisers.

§38-13-4. Trustee to file schedule; substitute trustee.

§38-13-5. Notice by trustee to creditors; publication and mailing.

§38-13-6. Filing and proof of claims.

§38-13-7. Liens requiring or not requiring proof; waiver by lienor; delinquent taxes; sales of property subject to liens or taxes.

§38-13-8. First meeting of creditors; substitute trustee.

§38-13-9. Sales by trustee; creditors may prescribe manner and terms; powers of fiduciary commissioner; compromising claims; continuing operation of business.

§38-13-10. Trustee's report to fiduciary commissioner; notice to creditors of filing and second meeting.

§38-13-11. Report by fiduciary commissioner; appeal from decision; allowance of expenses and fees; directions to trustee; dividends; closing trusteeship.

§38-13-12. Powers, duties and qualifications of trustee; substitute for unqualified, removed, deceased or disabled trustee.

§38-13-13. Powers and duties of fiduciary commissioner.

§38-13-14. Duties of assignor.

§38-13-15. Fiduciary commissioner to certify to circuit court disobedience of order, etc.; punishment for contempt by court.

§38-13-16. Expenses and fees of trustee, fiduciary commissioner, appraisers and attorneys for trustee.

CHAPTER 38, ARTICLE 14. SELF-SERVICE STORAGE LIEN ACT.

§38-14-1. Short title.

§38-14-2. Definitions.

§38-14-3. Self-service storage lien.

§38-14-4. Late fees.

§38-14-5. Enforcement of lien.

§38-14-6. Other legal remedies may be used.

§38-14-7. Duties; care, custody, and control of property.

§38-14-8. Savings clause.

§38-14-9. Effective date and application of article.

CHAPTER 38, ARTICLE 15. UNIFORM TRUST RECEIPTS ACT.

§38-15-1. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§38-15-2. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§38-15-3. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§38-15-4. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§38-15-5. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§38-15-6. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§38-15-7. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§38-15-8. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§38-15-9. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§38-15-10. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§38-15-11. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§38-15-12. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§38-15-13. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§38-15-14. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§38-15-15. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§38-15-16. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§38-15-17. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§38-15-18. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§38-15-19. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§38-15-20. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

CHAPTER 38, ARTICLE 16. FRAUDULENT COMMON LAW LIENS.

§38-16-101. Definitions; application of definitions.

§38-16-102. Court of competent jurisdiction defined.

§38-16-103. Federal government defined.

§38-16-104. Federal official or employee defined.

§38-16-105. Lien defined.

§38-16-106. Nonconsensual common law lien defined.

§38-16-107. Purported court defined.

§38-16-108. State or local official or employee defined.

§38-16-201. Bonafide liens are not affected by this article.

§38-16-202. Real property common law liens unenforceable; personal property common law liens limited.

§38-16-301. Filing or recording a claim of nonconsensual commonlaw lien is of no force or effect.

§38-16-302. No duty to accept filing of purported common law lien; no duty to reject filing of purported common law lien.

§38-16-303. Claim of lien against a federal official or employee or a state or local official or employee; performance of duties; validity; no duty to accept filing; notice of invalid lien.

§38-16-304. No duty to disclose record of common law lien.

§38-16-305. Immunity from liability for failure to accept filing or disclose common law lien.

§38-16-306. No duty to disclose fraudulent lien record; lien of purported court is a nullity.

§38-16-401. Notice by clerk of fraudulent lien.

§38-16-402. Action on fraudulent judgment lien.

§38-16-403. Action on fraudulent lien on property.

§38-16-404. Costs and attorneys' fees.

§38-16-405. Warning sign.

§38-16-406. Documents filed with Secretary of State.

§38-16-501. Liability.

§38-16-502. Cause of action.

§38-16-503. Venue.

§38-16-504. Filing fees.

§38-16-505. Plaintiff's costs.

§38-16-506. Effect on other law.

CHAPTER 39. RECORDS AND PAPERS.

CHAPTER 39, ARTICLE 1. AUTHENTICATION AND RECORD OF WRITINGS.

§39-1-1. Power of attorney may be recorded.

§39-1-2. Conditions under which county clerk shall admit deeds, contracts, etc., to record.

§39-1-2a. Other requirements for admission to record of certain instruments.

§39-1-2b. Recordation of certified copies of certain instruments.

§39-1-3. Who may take acknowledgment.

§39-1-4. Form of certificate of acknowledgment.

§39-1-4a. Acknowledgment of persons in the military service of the United States of America.

§39-1-5. Acknowledgment by husband and wife.

§39-1-6. Certificates as to wives living separate and apart to be prima facie evidence in certain cases.

§39-1-7. False certificate of acknowledgment.

§39-1-8. Form of certificate of acknowledgment by attorney in fact.

§39-1-9. Acknowledgment by corporations.

§39-1-10. When certificate to be under official seal.

§39-1-10a. Verification by written statement under certain conditions.

§39-1-11. Recordation of writings and plats and papers annexed; index; interlineations; filing under Uniform Commercial Code.

§39-1-11a. Photographic recordation.

§39-1-12. Special recordation of writing not acknowledged or proved for regular recordation.

§39-1-13. Duty to record plat or plan of lots.

§39-1-13a. Consolidation order book.

§39-1-14. Notification to file plat for record.

§39-1-15. Failure to file plat after notification.

§39-1-16. Approval by city council or commissioners prerequisite to laying out subdivision.

§39-1-17. Duty to provide cornerstone monuments; acknowledgment or proof not necessary to recordation of plat.

CHAPTER 39, ARTICLE 1A. UNIFORM RECOGNITION OF ACKNOWLEDGMENTS ACT.

§39-1A-1. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§39-1A-2. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§39-1A-3. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§39-1A-4. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§39-1A-5. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§39-1A-6. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§39-1A-7. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§39-1A-8. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

§39-1A-9. Repealed. Acts, 2014 Reg. Sess., Ch. 133.

CHAPTER 39, ARTICLE 2. GENERAL INDEX AND PRESERVATION OF RECORDS.

§39-2-1. Preparation of general index.

§39-2-2. Contents of general indexes.

§39-2-3. Records of county courts and other courts -- Binding or transcribing.

§39-2-4. Records of county courts and other courts -- Binding or transcribing -- Prerequisites; effect.

§39-2-5. Records of county courts and other courts -- Binding or transcribing -- Removal from county.

§39-2-6. Records of county commissions, correction recordation.

CHAPTER 39, ARTICLE 3. RECONSTRUCTION OF LOST RECORDS AND PAPERS.

§39-3-1. Admission to record of certified copy when original writing lost, mislaid or destroyed.

§39-3-2. Lost records or papers recorded or filed anew.

§39-3-3. Recordation of certified copies at instance of county court when record lost or destroyed.

§39-3-4. Loss of court records; reentries.

§39-3-5. Loss of original papers in any cause or appellate court record; effect of papers supplied.

§39-3-6. When books or papers deemed lost.

§39-3-7. Procedure to prove contents of lost papers or records -- Generally.

§39-3-8. Procedure to prove contents of lost papers or records -- Right to rehearing.

§39-3-9. Taking testimony as to lost records -- Action by county clerk.

§39-3-10. Taking testimony as to lost records -- Record.

§39-3-11. Taking testimony as to lost records -- Publication of notice.

§39-3-12. Taking testimony as to lost records -- Subjects of inquiry.

§39-3-13. Taking testimony as to lost records -- Powers of clerk; death, etc., of clerk.

§39-3-14. Taking testimony as to lost records -- Fees payable to clerk and witnesses.

§39-3-15. Taking testimony as to lost records -- Adjournments; completion and preservation of testimony.

§39-3-16. Taking testimony as to lost records -- Admissibility of depositions or copies.

CHAPTER 39, ARTICLE 4. REVISED UNIFORM LAW ON NOTARIAL ACTS.

§39-4-1. Short title.

§39-4-2. Definitions.

§39-4-3. Applicability; operative date of enactment; effect on existing law.

§39-4-4. Authority to perform notarial act.

§39-4-5. Requirements for certain notarial acts.

§39-4-6. Personal appearance required.

§39-4-6a. Remote acknowledgements and notarizations under COVID-19 Executive Order deemed valid.

§39-4-7. Identification of individual.

§39-4-8. Authority to refuse to perform notarial act.

§39-4-9. Signature if individual is unable to sign.

§39-4-10. Notarial act in this state.

§39-4-11. Notarial act in another state.

§39-4-12. Notarial act under authority of federally recognized Indian tribe.

§39-4-13. Notarial act under federal authority.

§39-4-14. Foreign notarial act.

§39-4-15. Certificate of notarial act.

§39-4-16. Short form certificates.

§39-4-17. Official stamp.

§39-4-18. Stamping device.

§39-4-19. Notification regarding performance of notarial act on electronic record, selection of technology.

§39-4-20. Commission as notary public; qualifications; no immunity or benefit; disposition of fees.

§39-4-21. Grounds to deny, refuse to renew, revoke, suspend, or condition commission of notary public.

§39-4-22. Database of notaries public.

§39-4-23. Prohibited acts.

§39-4-24. Validity of notarial acts.

§39-4-25. Rules.

§39-4-26. Notary public commission and commissioner appointment in effect.

§39-4-27. Savings clause.

§39-4-28. Uniformity of application and construction.

§39-4-29. Relation to Electronic Signatures in Global and National Commerce Act.

§39-4-30. Maximum fees.

§39-4-31. Government notaries public.

§39-4-32. Liability of notary and of an employer of notary.

§39-4-33. Criminal penalties.

§39-4-34. Action for injunction; unauthorized practice of law.

§39-4-35. Administrative complaints and investigations.

§39-4-36. Secretary of State record retention.

§39-4-37. Remote online notarial act performed for remotely located individual.

§39-4-38. Remote ink notarial act performed for remotely located individual.

CHAPTER 39, ARTICLE 4A. OUT-OF-STATE COMMISSIONERS.

§39-4A-1. Commissioners out of state; qualifications; application fee.

§39-4A-2. Powers of commissioners; official seals.

§39-4A-3. Prohibited acts.

§39-4A-4. Rulemaking.

§39-4A-5. Incorporation of Revised Uniform Law on Notarial Acts; online database.

CHAPTER 39, ARTICLE 5. ELECTRONIC SIGNATURES AUTHORIZATION ACT.

§39-5-1. Repealed.Acts, 2001 Reg. Sess., Ch. 120.

§39-5-2. Repealed.Acts, 2001 Reg. Sess., Ch. 120.

§39-5-3. Repealed.Acts, 2001 Reg. Sess., Ch. 120.

§39-5-4. Repealed.Acts, 2001 Reg. Sess., Ch. 120.

§39-5-5. Repealed.Acts, 2001 Reg. Sess., Ch. 120.

§39-5-6. Repealed.Acts, 2001 Reg. Sess., Ch. 120.

§39-5-7. Repealed.Acts, 2001 Reg. Sess., Ch. 120.

§39-5-8. Repealed.Acts, 2001 Reg. Sess., Ch. 120.

CHAPTER 39, ARTICLE 6. UNIFORM ELECTRONIC LEGAL MATERIAL ACT.

§39-6-1. Short title.

§39-6-2. Definitions.

§39-6-3. Applicability.

§39-6-4. Legal material in official electronic record.

§39-6-5. Authentication of official electronic record.

§39-6-6. Effect of authentication.

§39-6-7. Preservation and security of legal material in official electronic record.

§39-6-8. Public access to legal material in official electronic record.

§39-6-9. Standards.

§39-6-10. Uniformity of application and construction.

§39-6-11. Relation to Electronic Signatures in Global and National Commerce Act.

CHAPTER 39A. ELECTRONIC COMMERCE.

CHAPTER 39A, ARTICLE 1. UNIFORM ELECTRONIC TRANSACTIONS ACT.

§39A-1-1. Short title.

§39A-1-2. Definitions.

§39A-1-3. Scope.

§39A-1-4. Prospective application.

§39A-1-5. Use of electronic records and electronic signatures; variation by agreement.

§39A-1-6. Construction and application.

§39A-1-7. Legal recognition of electronic records, electronic signatures and electronic contracts.

§39A-1-8. Provision of information in writing; presentation of records.

§39A-1-9. Attribution and effect of electronic record and electronic signature.

§39A-1-10. Effect of change or error.

§39A-1-11. Notarization and acknowledgment.

§39A-1-12. Retention of electronic records; originals.

§39A-1-13. Admissibility in evidence.

§39A-1-14. Automated transaction.

§39A-1-15. Time and place of sending and receipt.

§39A-1-16. Transferable records.

§39A-1-17. Relationship with federal law.

CHAPTER 39A, ARTICLE 2. CONSUMER PROTECTIONS AND RESPONSIBILITIES IN ELECTRONIC TRANSACTIONS.

§39A-2-1. Consent to electronic records.

§39A-2-2. Preservation of consumer protection; verification or acknowledgment.

§39A-2-3. Effect of failure to obtain electronic consent or confirmation.

§39A-2-4. Prospective effect.

§39A-2-5. Prior consent.

§39A-2-6. Oral communications.

§39A-2-7. Retention; accuracy and accessibility.

§39A-2-8. Retention; originals.

§39A-2-9. Retention; checks.

§39A-2-10. Accuracy and ability to retain contracts and other records.

§39A-2-11. Exceptions.

§39A-2-12. Severability.

CHAPTER 39A, ARTICLE 3. DIGITAL SIGNATURES; STATE ELECTRONIC RECORDS AND TRANSACTIONS.

§39A-3-1. Definitions.

§39A-3-2. Acceptance of electronic signature by governmental entities in satisfaction of signature requirement.

§39A-3-3. Duties of the Secretary of State; state agencies use of electronic signatures.

§39A-3-4. Secretary of state; liability.

§39A-3-5. Severability.

CHAPTER 39A, ARTICLE 4. UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT.

§39A-4-1. Short title.

§39A-4-2. Definitions.

§39A-4-3. Validity of electronic documents.

§39A-4-4. Recording of documents.

§39A-4-5. Administration and standards.

§39A-4-6. Uniformity of application and construction.

§39A-4-7. Relation to electronic signatures in global and national commerce act.

CHAPTER 39B. UNIFORM POWER OF ATTORNEY ACT.

CHAPTER 39B, ARTICLE 1. GENERAL PROVISIONS.

§39B-1-101. Short title.

§39B-1-102. Definitions.

§39B-1-103. Applicability.

§39B-1-104. Power of attorney is durable.

§39B-1-105. Execution of power of attorney.

§39B-1-106. Validity of power of attorney.

§39B-1-107. Meaning and effect of power of attorney.

§39B-1-108. Nomination of conservator or guardian; relation of agent to court-appointed fiduciary.

§39B-1-109. When power of attorney effective.

§39B-1-110. Termination of power of attorney or agent's authority.

§39B-1-111. Coagents and successor agents.

§39B-1-112. Reimbursement and compensation of agent.

§39B-1-113. Agent's acceptance.

§39B-1-114. Agent's duties.

§39B-1-115. Exoneration of agent.

§39B-1-116. Judicial relief.

§39B-1-117. Agent's liability.

§39B-1-118. Agent's resignation; notice.

§39B-1-119. Acceptance of and reliance upon acknowledged power of attorney.

§39B-1-120. Liability for refusal to accept acknowledged statutory form power of attorney.

§39B-1-121. Principles of law and equity.

§39B-1-122. Laws applicable to financial institutions and entities.

§39B-1-123. Remedies under other law.

CHAPTER 39B, ARTICLE 2. AUTHORITY.

§39B-2-101. Authority that requires specific grant; grant of general authority.

§39B-2-102. Incorporation of authority.

§39B-2-103. Construction of authority generally.

§39B-2-104. Real property.

§39B-2-105. Tangible personal property.

§39B-2-106. Stocks and bonds.

§39B-2-107. Commodities and options.

§39B-2-108. Banks and other financial institutions.

§39B-2-109. Operation of entity or business.

§39B-2-110. Insurance and annuities.

§39B-2-111. Estates, trusts and other beneficial interests.

§39B-2-112. Claims and litigation.

§39B-2-113. Personal and family maintenance.

§39B-2-114. Benefits from governmental programs or civil or military service.

§39B-2-115. Retirement plans.

§39B-2-116. Taxes.

§39B-2-117. Gifts.

CHAPTER 39B, ARTICLE 3. STATUTORY FORMS.

§39B-3-101. Statutory form power of attorney.

§39B-3-102. Agent's certification

CHAPTER 39B, ARTICLE 4. MISCELLANEOUS PROVISIONS.

§39B-4-101. Uniformity of application and construction.

§39B-4-102. Relation to electronic signatures in Global and National Commerce Act.

§39B-4-103. Effect on existing powers of attorney.

CHAPTER 40. ACTS VOID AS TO CREDITORS AND PURCHASERS.

CHAPTER 40, ARTICLE 1. ACTS GENERALLY VOID AS TO CREDITORS AND PURCHASERS.

§40-1-1. Repealed. Acts, 1986 Reg. Sess., Ch. 166.

§40-1-2. Repealed. Acts, 1986, Reg. Sess., Ch. 166.

§40-1-3. Repealed. Acts, 1986 Reg. Sess., Ch. 166.

§40-1-4. Repealed. Acts, 1986 Reg. Sess., Ch. 166.

§40-1-5. Repealed. Acts, 1986 Reg. Sess., Ch. 166.

§40-1-6. Repealed. Acts, 1986 Reg. Sess., Ch. 166.

§40-1-7. Repealed. Acts, 1963 Reg. Sess., Ch. 193.

§40-1-8. Effect of recording certain contracts as to creditors and purchasers; memorandum of lease may be recorded.

§40-1-9. Contracts, deeds and mortgages invalid as to creditors and purchasers until recorded.

§40-1-10. When recordation in more than one county necessary.

§40-1-11. Repealed. Acts, 1963 Reg. Sess., Ch. 193.

§40-1-12. Repealed. Acts, 1963 Reg. Sess., Ch. 193.

§40-1-13. Priorities of writings admitted to record on same day.

§40-1-14. Construction of words "creditors" and "purchasers."

§40-1-15. Purchaser not affected by record not in chain of title.

§40-1-16. Certain sections not to apply to transfer or assignment of trust deed or mortgage.

CHAPTER 40, ARTICLE 1A. UNIFORM FRAUDULENT TRANSFERS ACT.

§40-1A-1. Definitions.

§40-1A-2. Insolvency.

§40-1A-3. Value.

§40-1A-4. Transfers fraudulent as to present and future creditors.

§40-1A-5. Transfers fraudulent as to present creditors.

§40-1A-6. When transfer is made or obligation is incurred.

§40-1A-7. Remedies of creditors.

§40-1A-8. Defenses, liability and protection of transferee.

§40-1A-9. Extinguishment of claim for relief, cause of action.

§40-1A-10. Supplementary provisions.

§40-1A-11. Uniformity of application and construction.

§40-1A-12. Short title.

§40-1A-13. Governing law.

§40-1A-14. Application to and recognition of a foreign series organization.

§40-1A-15. Relation to Electronic Signatures In Global And National Commerce Act.

CHAPTER 40, ARTICLE 2. SALE OF MERCHANDISE OR FIXTURES IN BULK.

§40-2-1. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-2-2. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-2-3. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-2-4. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-2-5. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-2-6. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

CHAPTER 40, ARTICLE 3. CONDITIONAL SALES.

§40-3-1. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-2. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-3. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-4. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-5. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-6. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-7. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-8. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-9. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-10. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-11. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-12. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-13. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-14. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-15. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-16. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-17. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-18. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-19. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-20. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-21. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-22. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-23. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-24. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-25. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-26. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-27. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-28. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-29. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-30. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-31. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

§40-3-32. Repealed.Acts, 1963 Reg. Sess., Ch. 193.

CHAPTER 41. WILLS.

CHAPTER 41, ARTICLE 1. CAPACITY TO MAKE; REQUISITES; VALIDITY.

§41-1-1. Who may make will and as to what property.

§41-1-2. Who may not make will.

§41-1-3. Must be in writing; witnesses.

§41-1-4. Execution of power of appointment.

§41-1-5. Wills of personal estate by soldiers, sailors or nonresidents.

§41-1-6. Revocation by divorce; no revocation by other changes of circumstances.

§41-1-7. Revocation generally.

§41-1-8. Revival after revocation.

§41-1-9. Effect of subsequent conveyance.

§41-1-10. On what wills chapter operates; when re-executed wills deemed to be made.

CHAPTER 41, ARTICLE 2. COMPETENCY OF WITNESSES.

§41-2-1. Competency of witnesses who are beneficiaries.

§41-2-2. Creditors may be witnesses.

§41-2-3. Executor may be witness.

CHAPTER 41, ARTICLE 3. PROVISIONS AS TO CONSTRUCTION.

§41-3-1. When will takes effect.

§41-3-2. When advancement deemed satisfaction of devise or bequest.

§41-3-3. Death of devisee or legatee before testator.

§41-3-4. Failure or invalidity of devise or bequest.

§41-3-5. Construction of devises in general terms.

§41-3-6. Operation of devise or bequest as exercise of power of appointment.

§41-3-7. Courts of equity may construe wills.

§41-3-8. Testamentary additions to trusts.

§41-3-9. Effect on existing wills.

§41-3-10. Uniformity of application and construction.

§41-3-11. Short title.

CHAPTER 41, ARTICLE 4. PROVISIONS AS TO PRETERMITTED CHILDREN.

§41-4-1. Where no child living when will made.

§41-4-2. Where child living when will made.

CHAPTER 41, ARTICLE 5. PRODUCTION, PROBATE AND RECORD OF WILLS.

§41-5-1. Custodian of will to deliver same to clerk of county court or executor; liability for neglect.

§41-5-2. Clerk to notify executor and beneficiaries, and to keep will safe in his office.

§41-5-3. Compelling production of will and offer of probate.

§41-5-4. Place of probate.

§41-5-5. Procedure for probate in solemn form.

§41-5-6. Hearing and decision.

§41-5-7. Appeal from probate order -- When to be taken; procedure.

§41-5-8. Appeal from probate order -- Other testamentary papers to be produced; jury trial if desired.

§41-5-9. Order as bar to suit in equity.

§41-5-10. Ex parte procedure to probate; appeal.

§41-5-11. Impeachment or establishment of will -- By person who was not party to prior proceeding; trial by jury.

§41-5-12. Impeachment or establishment in court -- By person under disability or nonresident.

§41-5-13. Ancillary administration; Probate or recordation of foreign will.

§41-5-14. When depositions admissible.

§41-5-15. Proof of will while testator living.

§41-5-16. Statements of particulars in will contests.

§41-5-17. Probated wills to be recorded and indexed.

§41-5-18. Recording in other counties; duty of personal representative or devisee.

§41-5-19. Title of bona fide purchasers of real estate from heirs.

§41-5-20. Title to real estate devised by wills; rights of devisees and bona fide purchasers.

CHAPTER 42. DESCENT AND DISTRIBUTION.

CHAPTER 42, ARTICLE 1. DESCENT.

§42-1-1. General definitions.

§42-1-2. Intestate estate.

§42-1-3. Share of spouse.

§42-1-3a. Share of heirs other than surviving spouse.

§42-1-3b. Requirement that heir survive decedent for one hundred twenty hours.

§42-1-3c. No taker.

§42-1-3d. Representation.

§42-1-3e. Kindred of half blood.

§42-1-3f. Afterborn heirs.

§42-1-3g. Advancements.

§42-1-4. Alienage.

§42-1-5. From whom children born out of wedlock inherit.

§42-1-6. Legitimation by marriage.

§42-1-7. Issue legitimate though marriage null.

§42-1-8. Posthumous children to take.

§42-1-9. Establishment and recordation of descent.

§42-1-10. Individuals related to decedent through two lines.

§42-1-11. When a parent may not inherit from a child.

§42-1-12. When a child may inherit from a parent who has been barred from inheritance.

CHAPTER 42, ARTICLE 2. DISTRIBUTION.

§42-2-1. Repealed.Acts, 1992 Reg. Sess., Ch. 75.

§42-2-2. Repealed.Acts, 1992 Reg. Sess., Ch. 75.

CHAPTER 42, ARTICLE 3. PROVISIONS RELATING TO HUSBAND OR WIFE OF DECEDENT.

§42-3-1. Right to elective share.

§42-3-2. Augmented estate.

§42-3-3. Right of election personal to surviving spouse.

§42-3-3a. Waiver of right to elect; other rights.

§42-3-4. Proceeding for elective share; time limit.

§42-3-5. Repealed. Acts, 1993 Reg. Sess., Ch. 169.

§42-3-6. Charging spouse with owned assets and gifts received; liability of others for balance of elective share.

§42-3-7. Entitlement of spouse; premarital will.

CHAPTER 42, ARTICLE 4. GENERAL PROVISIONS.

§42-4-1. Repealed. Acts, 1992 Reg. Sess., Ch. 75.

§42-4-2. Homicide bars acquisition of estate or insurance money.

§42-4-3. Repealed. Acts, 1982 Reg. Sess., Ch. 42.

CHAPTER 42, ARTICLE 5. UNIFORM SIMULTANEOUS DEATH ACT.

§42-5-1. No sufficient evidence of survivorship.

§42-5-2. Beneficiaries of another person's disposition of property.

§42-5-3. Joint tenants or tenants by the entirety.

§42-5-4. Insurance policies.

§42-5-5. Article not retroactive.

§42-5-6. Article does not apply if decedent provides otherwise.

§42-5-7. Uniformity of interpretation.

§42-5-8. Short title.

§42-5-9. Repeal of inconsistent laws.

§42-5-10. Severability.

CHAPTER 42, ARTICLE 6. UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT.

§42-6-1. Short title.

§42-6-2. Definitions.

§42-6-3. Scope.

§42-6-4. Article supplemented by other law.

§42-6-5. Power to disclaim; general requirements; when irrevocable.

§42-6-6. Disclaimer of interest property.

§42-6-7. Disclaimer of right of survivorship in jointly held property with right of survivorship.

§42-6-8. Disclaimer of interest by trustee.

§42-6-9. Disclaimer of power of appointment or other power not held in fiduciary capacity.

§42-6-10. Disclaimer by appointee, object or taker in default of exercise of power of appointment.

§42-6-11. Disclaimer of power held in fiduciary capacity.

§42-6-12. Delivery of disclaimer.

§42-6-13. When disclaimer barred or limited.

§42-6-14. Tax qualified disclaimer.

§42-6-15. Recording of disclaimers; failure to record.

§42-6-16. Application to existing relationships.

§42-6-17. Uniformity of application and construction.

§42-6-18. Severability clause.

§42-6-19. Effective date.

CHAPTER 43. DOWER AND VALUATION OF LIFE ESTATES.

CHAPTER 43, ARTICLE 1. DOWER.

§43-1-1. Dower and curtesy abolished.

§43-1-2. Notice of conveyance.

§43-1-3. Repealed. Acts, 1992 Reg. Sess., Ch. 75.

§43-1-4. Repealed. Acts, 1992 Reg. Sess., Ch. 75.

§43-1-5. Repealed. Acts, 1992 Reg. Sess., Ch. 75.

§43-1-6. Repealed. Acts, 1992 Reg. Sess., Ch. 75.

§43-1-7. Repealed. Acts, 1992 Reg. Sess., Ch. 75.

§43-1-8. Repealed. Acts, 1992 Reg. Sess., Ch. 75.

§43-1-9. Repealed. Acts, 1992 Reg. Sess., Ch. 75.

§43-1-10. Repealed. Acts, 1992 Reg. Sess., Ch. 75.

§43-1-11. Repealed. Acts, 1992 Reg. Sess., Ch. 75.

§43-1-12. Repealed. Acts, 1992 Reg. Sess., Ch. 75.

§43-1-13. Repealed. Acts, 1992 Reg. Sess., Ch. 75.

§43-1-14. Repealed. Acts, 1992 Reg. Sess., Ch. 75.

§43-1-15. Repealed. Acts, 1992 Reg. Sess., Ch. 75.

§43-1-16. Repealed. Acts, 1992 Reg. Sess., Ch. 75.

§43-1-17. Repealed. Acts, 1992 Reg. Sess., Ch. 75.

§43-1-18. Repealed. Acts, 1992 Reg. Sess., Ch. 75.

§43-1-19. Repealed. Acts, 1992 Reg. Sess., Ch. 75.

§43-1-20. Repealed. Acts, 1992 Reg. Sess., Ch. 75.

CHAPTER 43, ARTICLE 2. VALUATION OF LIFE ESTATES.

§43-2-1. Gross sum in payment of life estates.

§43-2-2. Rule of calculation.

§43-2-3. Examples.

§43-2-4. Repealed. Acts, 2007 Reg. Sess., Ch. 162.

§43-2-5. Repealed. Acts, 2007 Reg. Sess., Ch. 162.

CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS.

CHAPTER 44, ARTICLE 1. PERSONAL REPRESENTATIVES.

§44-1-1. Executor has no powers before qualifying.

§44-1-2. Administration with will annexed.

§44-1-3. Oath of executor or administrator with will annexed.

§44-1-4. Appointment of intestate administrator; affidavit of heirs of nonresident intestate decedent without appointment of intestate administrator.

§44-1-5. When curator may be appointed; his duties.

§44-1-6. Bond and oath; termination of grant in certain cases.

§44-1-7. Penalty of bond.

§44-1-8. When executor or administrator not to give bond; when surety not required.

§44-1-9. Administration de bonis non upon death, resignation or removal of sole surviving executor or administrator; executor or administrator of executor or administrator not authorized to administer estate of first testator or intestate.

§44-1-10. Marriage of female representative does not extinguish authority.

§44-1-11. When sheriff to administer estate.

§44-1-12. Letters of administration.

§44-1-13. Affidavit showing heirs, distributees, devisees and legatees of decedent.

§44-1-13a. Repealed. Acts, 2002 Reg. Sess., Ch. 142.

§44-1-14. Appraisement of real estate and probate personal property of decedents; disposition; hiring of experts.

§44-1-14a. Notice of administration of estate; time limits for filing of objections; liability of personal representative.

§44-1-14b. Notice of ancillary filing without any administration of estate; time limits for filing of objections.

§44-1-15. Duty of personal representative; debt not extinguished by appointment of debtor as executor.

§44-1-16. When administrator de bonis non may administer assets for which former personal representative liable.

§44-1-17. Food and fuel for family.

§44-1-18. What estate not to be sold.

§44-1-19. Sale of goods likely to be impaired in value.

§44-1-20. When to sell other goods.

§44-1-21. Estate for life of another is assets.

§44-1-22. Suits by and against.

§44-1-23. Actions for goods carried away, waste or damage to estate of or by decedent.

§44-1-24. Action for waste by representative.

§44-1-25. Administrator de bonis non may have scire facias.

§44-1-26. Action on bond of personal representative.

§44-1-27. Not chargeable beyond assets; pleas allowed.

§44-1-28. Payment of small sums due employees to distributees of decedents upon whose estates there have been no qualifications.

§44-1-29. Authority of personal representative concerning conservation and preservation easements.

§44-1-30. Death certificate or other proof of death and residence may be required.

§44-1-31. Administration of oath; execution of bond.

CHAPTER 44, ARTICLE 1A. WEST VIRGINIA SMALL ESTATE ACT.

§44-1A-1. Short title; definitions.

§44-1A-2. Administration of a small estate upon affidavit and without appointment.

§44-1A-3. Payment or delivery of small assets to authorized successor.

§44-1A-4. Discharge and release of payor; treatment of real estate in a small estate.

§44-1A-5. Construction of article.

CHAPTER 44, ARTICLE 2. PROOF AND ALLOWANCE OF CLAIMS AGAINST ESTATES OF DECEDENTS.

§44-2-1. Reference of decedents’ estates; proceedings thereon.

§44-2-2. Repealed. Acts, 2015 Reg. Sess., Ch. 113.

§44-2-3. Repealed. Acts, 2015 Reg. Sess., Ch. 113.

§44-2-4. Mailing of notice to creditors, distributees and legatees.

§44-2-5. Claims to be proved by vouchers and affidavits in first instance.

§44-2-6. Claims taken to be proved; objections to claims; hearings; funeral expenses.

§44-2-7. Claims may be presented before publication of notice.

§44-2-8. Proof of contingent or unliquidated claims.

§44-2-9. Continuances until all claims and objections passed on.

§44-2-10. Personal representative to exhibit offsets to claims.

§44-2-11. How heir or devisee may protect himself against lien on property.

§44-2-12. No claim barred by statute of limitations to be allowed.

§44-2-13. Effect of presenting claim as to statute of limitations.

§44-2-14. Advance payment of certain claims.

§44-2-15. Personal representative not precluded from commencing action or suit; setoff in such actions or suits.

§44-2-16. Fiduciary commissioner to report on claims of creditors, assets and shares of distributees and legatees.

§44-2-16a. Apportionment of federal and state estate taxes; fiduciary to deduct taxes from shares of beneficiaries.

§44-2-17. How contingent and unliquidated claims and claims not matured may be provided for.

§44-2-18. Exceptions to fiduciary commissioner's report; return of report.

§44-2-19. Hearing on report and exceptions; appeal; effect of confirmation.

§44-2-19a. Reports of delinquent filings and administrative closing of unprogressed estates.

§44-2-20. Report of claims to be recorded.

§44-2-21. Order in which debts of decedent are to be paid.

§44-2-22. Creditors to be paid in order of classification; when classes paid ratably.

§44-2-23. When personal representative not liable for funds distributed.

§44-2-24. When claims and legacies may be paid and estate distributed.

§44-2-24a. Accounting for money not disposable at time of settlement; subsequent distribution of such money.

§44-2-25. When personal representative not compelled to make distribution.

§44-2-26. When claims not presented and proved barred of recovery from personal representative.

§44-2-27. When distributees and legatees may be sued on claims; extent of liability; costs.

§44-2-28. When enforcement of lien to secure claim barred.

§44-2-29. Waiver of final settlement.

CHAPTER 44, ARTICLE 3. FIDUCIARY COMMISSIONERS; POWERS AND DUTIES.

§44-3-1. Fiduciary commissioners.

§44-3-2. Fiduciary commissioners; powers and duties generally.

§44-3-3. Special fiduciary commissioners.

§44-3-4. Matters that will disqualify fiduciary commissioner.

§44-3-5. Disposition by fiduciary commissioner of inventories.

§44-3-6. Fiduciary commissioner to inspect bonds of fiduciaries.

§44-3-7. When county commission to refer controversies to fiduciary commissioner; rules of procedure.

CHAPTER 44, ARTICLE 3A. OPTIONAL PROCEDURE FOR PROOF AND ALLOWANCE OF CLAIMS AGAINST ESTATES OF DECEDENTS; COUNTY OPTION.

§44-3A-1. Election to make article applicable.

§44-3A-2. Nature of office of fiduciary supervisor and fiduciary commissioner; duties of county commission with respect to orders and findings of such supervisor or commissioner.

§44-3A-3. Office of fiduciary supervisor created; general powers; qualifications; tests for qualification; training program; salary.

§44-3A-4. Notice of claim; settlement in certain cases.

§44-3A-4a. Short form settlement.

§44-3A-5. Reference to fiduciary commissioner; exceptions and limitations.

§44-3A-6. Claims to be proved by vouchers and affidavits in first instance.

§44-3A-7. Claims to be proved; objections to claims; hearings; funeral expenses.

§44-3A-8. Claims may be presented before publication of notice.

§44-3A-9. Proof of contingent or unliquidated claims.

§44-3A-10. Continuances until all claims and objections passed on.

§44-3A-11. Personal representative to exhibit offsets to claims.

§44-3A-12. How heir or devisee may protect himself against lien on property.

§44-3A-13. No claim barred by statute of limitations to be allowed.

§44-3A-14. Effect of presenting claim as to statute of limitations.

§44-3A-15. Advance payment of certain claims.

§44-3A-16. Personal representative not precluded from commencing action or suit; setoff in such actions or suits.

§44-3A-17. Fiduciary commissioner to report on claims of creditors; report by fiduciary supervisor; assets and shares of distributees and legatees.

§44-3A-18. Apportionment of federal and state estate taxes; fiduciary to deduct taxes from shares of beneficiaries.

§44-3A-19. Long form settlement before fiduciary supervisor.

§44-3A-20. How contingent and unliquidated claims and claims not matured may be provided for.

§44-3A-21. Exceptions to fiduciary supervisor's or fiduciary commissioner's report; return of report.

§44-3A-22. Hearing on report and exceptions; appeal; effect of confirmation.

§44-3A-23. Exceptions to report of fiduciary supervisor or fiduciary commissioner where no previous hearing was had; reference.

§44-3A-24. Reports of delinquent filings.

§44-3A-25. Report of claims to be recorded.

§44-3A-26. Order in which debts of decedent are to be paid.

§44-3A-27. Creditors to be paid in order of classification; when classes paid ratably.

§44-3A-28. When personal representative not liable for funds distributed.

§44-3A-29. When claims and legacies may be paid and estate distributed.

§44-3A-30. Accounting for money not disposable at time of settlement; subsequent distribution of such money.

§44-3A-31. When personal representative not compelled to make distribution.

§44-3A-32. When claims not presented and proved barred of recovery from personal representative.

§44-3A-33. When distributees and legatees may be sued on claims; extent of liability; costs.

§44-3A-34. When enforcement of lien to secure claim barred.

§44-3A-35. Fiduciary commissioners.

§44-3A-36. Fiduciary commissioners; powers and duties generally.

§44-3A-37. Special fiduciary commissioners; continuance of present references; compensation.

§44-3A-38. Matters that will disqualify fiduciary commissioners.

§44-3A-39. Disposition by fiduciary commissioner of inventories and accounts of sales.

§44-3A-40. Fiduciary commissioners to inspect bonds of fiduciaries.

§44-3A-41. When county commission to refer controversies to fiduciary commissioner; rules of procedure.

§44-3A-42. Fees to be charged by fiduciary supervisor or fiduciary supervisor; disposition of fees.

§44-3A-43. County fiduciary fund.

§44-3A-44. Rules applicable to fiduciary supervisors and fiduciary commissioners; exceptions as to certain counties.

CHAPTER 44, ARTICLE 4. ACCOUNTING BY FIDUCIARIES.

§44-4-1. Record of appraisements.

§44-4-2. Fiduciaries to exhibit accounts for settlement.

§44-4-3. Fiduciaries from whom inventories, appraisals or accounts are due when this article effective may be proceeded against.

§44-4-4. Fiduciaries of small estates may account once in three years.

§44-4-5. Examination of bonds at time of accounting, and when requested by interested party.

§44-4-6. Settlements for previous years; objections to account.

§44-4-7. Failure to account forfeits commissions unless allowed by circuit court or county commission.

§44-4-8. How accounting compellable by person interested.

§44-4-9. Publication of list of fiduciaries prior to settlements.

§44-4-10. Securities and moneys to be exhibited to fiduciary commissioner.

§44-4-11. Liability for losses or failure to make defense.

§44-4-12. Compensation and expenses of fiduciaries.

§44-4-12a. Compensation and expenses of personal representatives.

§44-4-13. Receipt to be given fiduciaries for vouchers.

§44-4-14. Reports of fiduciary commissioner.

§44-4-14a. Final settlement by fiduciaries for decedent's estates; penalty.

§44-4-15. Exceptions to report.

§44-4-16. Filing of report and vouchers.

§44-4-17. Examination and correction or recommittal of report.

§44-4-18. Effect of confirmation of report; how made conclusive.

§44-4-19. Investment of funds may be ordered.

§44-4-20. Disbursement of balance after settlement; suit to compel disbursement; final report of fiduciary following disbursement.

§44-4-21. How fiduciary accounts settled in suits to be recorded.

§44-4-22. Application only to personal representatives, guardians, curators or committees.

CHAPTER 44, ARTICLE 5. GENERAL PROVISIONS AS TO FIDUCIARIES.

§44-5-1. List of fiduciaries.

§44-5-2. Fiduciary records of circuit court to be deposited in county clerk's office.

§44-5-3. Appointment of nonresident; bond; service of notice and process; fees; penalty.

§44-5-4. Who not to be accepted as surety on fiduciary's bond.

§44-5-5. When additional or new bond may be required of a fiduciary, or his authority be revoked.

§44-5-6. Jurisdiction of court on revocation of fiduciary's authority.

§44-5-7. Authority of personal representatives to compound and compromise liabilities due to or from them.

§44-5-8. How transfer of securities to successor compelled.

§44-5-9. Costs in proceedings to compel fiduciaries to comply with law.

§44-5-10. Powers of clerk of county commission in certain counties.

§44-5-11. Application only to personal representatives, curators, and minor guardians.

§44-5-12. Repealed. Acts, 2011 Reg. Sess., Ch. 66.

§44-5-13. Repealed. Acts, 2011 Reg. Sess., Ch. 66.

§44-5-14. Repealed. Acts, 2011 Reg. Sess., Ch. 66.

§44-5-15. Repealed. Acts, 2011 Reg. Sess., Ch. 66.

CHAPTER 44, ARTICLE 5A. POWERS OF FIDUCIARIES.

§44-5A-1. Definition.

§44-5A-2. Incorporation by reference of enumerated powers by testator; restriction on exercise of powers.

§44-5A-3. Powers which may be incorporated by reference in trust instrument.

§44-5A-4. Designation of testamentary trustee as beneficiary of insurance.

§44-5A-5. Distribution of assets in satisfaction of pecuniary bequests; authority of fiduciaries to enter into certain agreements; validating certain agreements; providing for discretionary division of trusts for tax, administrative or other purposes.

§44-5A-6. Restrictions on exercise of power for fiduciary' benefit.

§44-5A-7. Powers of fiduciaries regarding environmental laws.

CHAPTER 44, ARTICLE 5B. WEST VIRGINIA UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT.

§44-5B-1. Short title.

§44-5B-2. Definitions.

§44-5B-3. Applicability.

§44-5B-4. User direction for disclosure of digital assets.

§44-5B-5. Terms of service agreement.

§44-5B-6. Procedure for disclosing digital assets.

§44-5B-7. Disclosure of content of electronic communications of deceased user.

§44-5B-8. Disclosure of other digital assets of deceased user.

§44-5B-9. Disclosure of content of electronic communications of principal.

§44-5B-10. Disclosure of other digital assets of principal.

§44-5B-11. Disclosure of digital assets held in trust when trustee is original user.

§44-5B-12. Disclosure of contents of electronic communications held in trust when trustee not original user.

§44-5B-13. Disclosure of other digital assets held in trust when trustee not original user.

§44-5B-14. Disclosure of digital assets to conservator of protected person.

§44-5B-15. Fiduciary duty and authority.

§44-5B-16. Custodian compliance and immunity.

§44-5B-17. Uniformity of application and construction.

§44-5B-18. Relation to Electronic Signatures in Global and National Commerce Act.

§44-5B-19. Severability.

CHAPTER 44, ARTICLE 6. INVESTMENTS BY FIDUCIARIES.

§44-6-1. Fiduciaries to put money out at interest.

§44-6-2. In what securities fiduciaries may invest trust funds.

§44-6-2a. Repealed. Acts, 2011 Reg. Sess., Ch. 66.

§44-6-3. Authority for investment.

§44-6-4. Beneficiaries may have fiduciary instructed by court as to investments.

§44-6-5. Application to circuit court for directions regarding estate held to meet a contingency.

§44-6-6. Establishment of common trust funds; investments.

§44-6-7. Accounting required of fiduciaries as to common trust funds.

§44-6-8. How §§44-6-6 to 44-6-8 cited; purpose; provisions severable.

§44-6-9. Investment of trust assets in mutual funds; investments in mutual fund companies otherwise served by the bank; investment of trust assets in time deposits.

§44-6-10. Purchase of service or product through or directly from bank or trust company or affiliate.

§44-6-11. Application only to executors, administrators, guardians, curators or committees.

CHAPTER 44, ARTICLE 6A. UNIFORM MANAGEMENT OF INSTITUTIONAL FUNDS ACT.

§44-6A-1. Short title.

§44-6A-2. Definitions.

§44-6A-3. Standard of conduct in managing and investing institutional fund.

§44-6A-4. Appropriation for expenditure or accumulation of endowment fund; rules of construction.

§44-6A-5. Delegation of management and investment functions.

§44-6A-6. Release or modification of restrictions on management, investment, or purpose.

§44-6A-7. Reviewing compliance.

§44-6A-8. Application to existing institutional funds.

§44-6A-9. Relation to electronic signatures in Global and National Commerce Act.

§44-6A-10. Uniformity of application and construction.

CHAPTER 44, ARTICLE 6B. WEST VIRGINIA TRUST FUND.

§44-6B-1. Repealed.Acts, 1997 Reg. Sess., Ch. 95.

§44-6B-2. Repealed.Acts, 1997 Reg. Sess., Ch. 95.

§44-6B-3. Repealed.Acts, 1997 Reg. Sess., Ch. 95.

§44-6B-4. Repealed.Acts, 1997 Reg. Sess., Ch. 95.

§44-6B-5. Repealed.Acts, 1997 Reg. Sess., Ch. 95.

§44-6B-6. Repealed.Acts, 1997 Reg. Sess., Ch. 95.

§44-6B-7. Repealed.Acts, 1997 Reg. Sess., Ch. 95.

§44-6B-8. Repealed.Acts, 1997 Reg. Sess., Ch. 95.

§44-6B-9. Repealed.Acts, 1997 Reg. Sess., Ch. 95.

§44-6B-10. Repealed.Acts, 1997 Reg. Sess., Ch. 95.

§44-6B-11. Repealed.Acts, 1997 Reg. Sess., Ch. 95.

§44-6B-12. Repealed.Acts, 1997 Reg. Sess., Ch. 95.

CHAPTER 44, ARTICLE 6C. UNIFORM PRUDENT INVESTOR ACT.

§44-6C-1. Prudent investor rule.

§44-6C-2. Standard of care; portfolio strategy; risk and return objectives.

§44-6C-3. Diversification.

§44-6C-4. Duties at inception of trusteeship.

§44-6C-5. Loyalty.

§44-6C-6. Impartiality.

§44-6C-7. Investment costs.

§44-6C-8. Reviewing compliance.

§44-6C-9. Delegation of investment and management functions.

§44-6C-10. Language invoking standard of article.

§44-6C-11. Application to existing trusts.

§44-6C-12. Uniformity of application and construction.

§44-6C-13. Short title.

§44-6C-14. Severability.

§44-6C-15. Effective date.

CHAPTER 44, ARTICLE 7. RESIGNATION OF FIDUCIARIES AND PROCEDURE UPON RESIGNATION.

§44-7-1. Fiduciary desiring to resign to file petition; summons thereon.

§44-7-2. Copy of petition and summons to be served on fiduciary commissioner.

§44-7-3. Hearing on petition.

§44-7-4. Application only to personal representatives, curators or minor guardians.

CHAPTER 44, ARTICLE 8. REAL ESTATE OF DECEDENTS.

§44-8-1. Sale, conveyance and management of decedent's real estate; powers of executor and administrator with will annexed.

§44-8-2. Rents, profits or proceeds of sale to be paid to persons entitled.

§44-8-3. Real estate to be assets for payment of debts.

§44-8-4. By what court assets administered.

§44-8-5. Liability of heir or devisee for real estate conveyed; when such real estate not liable.

§44-8-6. Heir or devisee liable in equity; judgment against personal representative prima facie evidence.

§44-8-7. Suit to subject real estate to payment of debts; parties; evidence.

§44-8-7a. Jurisdiction of court in suits to subject real estate of decedents to payment of their debts.

§44-8-8. Reference to special commissioner and publication of notice to creditors in such suit.

§44-8-9. Decree of distribution; claims barred when.

§44-8-10. No costs recoverable in, and injunction against, second suit.

CHAPTER 44, ARTICLE 9. PERSONS PRESUMED TO BE DEAD AND THEIR ESTATES.

§44-9-1. When person presumed to be dead.

§44-9-1a. When person in military service presumed to be dead; administration of estate; when spouse may remarry.

§44-9-1b. When person in area proclaimed to be in a state of emergency presumed dead.

§44-9-2. Jurisdiction of estate of supposed decedent.

§44-9-3. Application for probate or administration, and publication of notice thereof.

§44-9-4. Ancillary letters on estates of nonresidents supposed to be dead.

§44-9-5. Evidence on such application; record thereof.

§44-9-6. Order declaring presumption established; probate of will; letters testamentary or of administration; their effect; death certificate issued upon order.

§44-9-7. Powers of clerk of county commission.

§44-9-8. Personal representative to institute suit to settle such estate.

§44-9-9. Publication in such suit.

§44-9-10. Procedure when supposed decedent fails to appear.

§44-9-11. Distribution of estate; refunding bonds.

§44-9-12. Vacation of prior proceedings on reappearance of supposed decedent.

§44-9-13. Final accounting of personal representative; effect of his acts; title of purchasers and distributees.

§44-9-14. Substitution of supposed decedent in pending actions; opening judgments; effect of judgment after substitution.

§44-9-15. When laws relating to wills and estates generally to govern.

§44-9-16. Costs, by whom payable.

CHAPTER 44, ARTICLE 10. GUARDIANS AND WARDS GENERALLY.

§44-10-1. Testamentary guardians.

§44-10-2. Appointment void for renunciation or failure to qualify.

§44-10-3. Appointment and termination of guardian for a minor.

§44-10-4. Right of minor to nominate guardian.

§44-10-5. Bond of guardian.

§44-10-6. Curator; bond; powers and duties.

§44-10-7. Management of ward's estate; maintenance, education and custody; duration of guardianship; settlement.

§44-10-8. Disbursements and expenditures by guardians from income and corpus of estates of infant wards.

§44-10-9. Sale of personal estate to pay excess beyond income.

§44-10-10. When guardian to pay interest.

§44-10-11. Compound interest recoverable.

§44-10-12. Time allowed guardian for investment of funds.

§44-10-13. Powers of chancery courts over guardians; when and how real estate may be sold for maintenance and education of wards.

§44-10-14. Minor settlement proceedings.

§44-10-15. Repealed. Acts, 2002 Reg. Sess., Ch. 80.

§44-10-16. Settlement of derivative claims.

CHAPTER 44, ARTICLE 10A. GUARDIANS OF MENTALLY RETARDED AND MENTALLY HANDICAPPED PERSONS.

§44-10A-1. Repealed.Acts, 1994 Reg. Sess., Ch. 64.

§44-10A-2. Repealed.Acts, 1994 Reg. Sess., Ch. 64.

§44-10A-3. Repealed.Acts, 1994 Reg. Sess., Ch. 64.

§44-10A-4. Repealed.Acts, 1994 Reg. Sess., Ch. 64.

§44-10A-5. Repealed.Acts, 1994 Reg. Sess., Ch. 64.

§44-10A-6. Repealed.Acts, 1994 Reg. Sess., Ch. 64.

CHAPTER 44, ARTICLE 11. TRANSFER OF PROPERTY OF NONRESIDENTS AND RESIDENTS.

§44-11-1. Transfer of securities of nonresident decedent.

§44-11-2. Affidavit as to publication of notice.

§44-11-3. Transfer of property of nonresident infant or insane person to foreign guardian or committee.

§44-11-4. How proceeds of sale of real estate of nonresident infant, insane person, or cestui que trust transferred to foreign guardian, committee or trustee.

§44-11-5. Notice of application and evidence required before order of transfer made.

§44-11-6. How personal estate in hands of resident trustee, belonging to nonresident beneficiaries, transferred.

§44-11-7. What notice and evidence required before such transfer made.

§44-11-8. Court may order sale of property.

§44-11-8a. Removal of property of resident infant, incompetent or insane person from this state by nonresident testamentary guardian or nonresident committee.

§44-11-9. Discharge of guardian, committee, or trustee making transfer.

§44-11-10. Judge of circuit court may act in vacation.

CHAPTER 44, ARTICLE 12. POWERS OF CLERK IN VACATION OF COUNTY COURT.

§44-12-1. What clerk may do in vacation of county court.

§44-12-2. Report by clerk to county court; hearing on same.

§44-12-3. Confirmation of action of clerk.

§44-12-4. Costs.

CHAPTER 44, ARTICLE 13. POWERS AND DUTIES OF CLERKS OF COUNTY COURTS IN COUNTIES HAVING SEPARATE TRIBUNAL FOR POLICE AND FISCAL PURPOSES.

§44-13-1. Powers of clerk of county court where separate tribunal for police and fiscal purposes.

§44-13-2. Who shall act when such clerk interested.

§44-13-3. Such clerk not to impanel a jury for settlement of questions of fact.

§44-13-4. Record and order books to be kept by such clerk.

§44-13-4a. Reporting of foreclosure statistics.

§44-13-5. Duties of such clerk as to acts to be performed at stated times.

§44-13-6. How decisions and orders of such clerk reviewed.

CHAPTER 44, ARTICLE 14. SUBSTITUTION OF TRUSTEES; POWERS OF SURVIVING OR REMAINING TRUSTEES.

§44-14-1. Repealed. Acts, 2011 Reg. Sess., Ch. 66.

§44-14-2. Repealed. Acts, 2011 Reg. Sess., Ch. 66.

§44-14-3. Repealed. Acts, 2011 Reg. Sess., Ch. 66.

§44-14-4. Repealed. Acts, 2011 Reg. Sess., Ch. 66.

§44-14-5. Repealed. Acts, 2011 Reg. Sess., Ch. 66.

CHAPTER 44, ARTICLE 15. VETERANS’ GUARDIANSHIP AND COMMITMENT.

§44-15-1. Scope of article.

§44-15-2. When unlawful for person to accept appointment as guardian; removal.

§44-15-3. Petition for appointment.

§44-15-4. Evidence of necessity for appointment of guardian of minor ward.

§44-15-5. Evidence of necessity for appointment of guardian or committee of mentally incompetent ward.

§44-15-6. Notice.

§44-15-7. Qualifications and bond of guardian.

§44-15-8. Settlement of accounts.

§44-15-9. Failure to make settlement.

§44-15-10. Compensation.

§44-15-11. Investment of funds.

§44-15-12. Disbursements for support of persons other than ward.

§44-15-13. Certified copies of necessary public records furnished without cost.

§44-15-14. Commitment to veterans administration or other agency of United States government.

§44-15-15. Discharge of guardian.

§44-15-16. Construction of article.

§44-15-17. How cited.

§44-15-18. Invalidity of part of article.

CHAPTER 44, ARTICLE 16. TRUSTS FOR CHILDREN WITH AUTISM.

§44-16-1. Definitions.

§44-16-2. Creation of a qualified trust for a child with autism.

§44-16-3. West Virginia Children with Autism Trust Board; creation and composition of the trustee board; duties and responsibilities; reimbursement of expenses.

§44-16-4. Reports and account.

§44-16-5. Confidentiality.

§44-16-6. Effective date.

CHAPTER 44A. WEST VIRGINIA GUARDIANSHIP AND CONSERVATORSHIP ACT.

CHAPTER 44A, ARTICLE 1. DEFINITIONS AND GENERAL PROVISIONS.

§44A-1-1. Short title and legislative findings.

§44A-1-2. Determinations and appointments under prior law.

§44A-1-3. Advance directives.

§44A-1-4. Definitions.

§44A-1-5. Rules of civil procedure.

§44A-1-6. Relationship to other laws.

§44A-1-7. Transfer of venue following appointment.

§44A-1-8. Persons and entities qualified to serve as guardian and conservator; default guardian and conservator; exemptions from conservator appointment.

§44A-1-9. Posting of bonds; actions on bond.

§44A-1-10. Mandatory education; written material; and forms.

§44A-1-11. Guardian or conservator who resides out of state to designate resident agent.

§44A-1-12. Appointment of guardian or conservator acting in another state.

§44A-1-13. Compensation.

§44A-1-14. Temporary protective orders.

§44A-1-15. Eligibility of guardians or conservators employed pursuant to a Department of Human Services waiver program.

CHAPTER 44A, ARTICLE 2. PROCEDURE FOR APPOINTMENT.

§44A-2-1. Filing of petition; jurisdiction; fees; special revenue account established.

§44A-2-1a. Filing of a petition where protected person is a minor.

§44A-2-2. Who may file petition; contents.

§44A-2-3. Evaluation report.

§44A-2-4. Statement of financial resources.

§44A-2-5. Confidentiality.

§44A-2-6. Notice of hearing.

§44A-2-7. Appointment of counsel.

§44A-2-8. Nomination of guardian or conservator of alleged or adjudicated protected person; preferences.

§44A-2-9. Hearing on petition to appoint.

§44A-2-10. Factors to be considered by court.

§44A-2-11. Limited guardianships.

§44A-2-12. Limited conservatorships.

§44A-2-13. Order of appointment; notice; notice of appointment.

§44A-2-13a. Time of entry of orders.

§44A-2-14. Temporary guardians and conservators.

§44A-2-15. Notice of hearing on petitions subsequent to the appointment of a guardian or conservator.

CHAPTER 44A, ARTICLE 3. GUARDIANSHIP AND CONSERVATORSHIP ADMINISTRATION.

§44A-3-1. Duties of guardian of protected person.

§44A-3-2. Reports by guardian of protected person.

§44A-3-3. Distributive duties and powers of the conservator of a protected person.

§44A-3-4. Management powers and duties of conservator.

§44A-3-5. Sale or mortgage of real estate.

§44A-3-6. Protective arrangements.

§44A-3-7. Estate planning.

§44A-3-8. Conservator's inventory.

§44A-3-9. Accountings by conservator.

§44A-3-10. Waiver of accountings.

§44A-3-11. Filing of reports and accountings; misdemeanor for failure to file; reporting elder abuse.

§44A-3-12. Self-dealing and conflicts of interest.

§44A-3-13. Personal liability of guardians.

§44A-3-14. Personal liability of conservators.

§44A-3-14a. No liability of present conservator or guardian for prior acts or failure to act of preceding conservators, guardians or committees.

§44A-3-15. Protection for persons conducting business with guardians and conservators.

§44A-3-16. Court modification of powers and duties of guardian or conservator.

§44A-3-17. Petition by certain persons for access to persons in guardianship; hearing and court order.

§44A-3-18. Guardian's duty to inform certain relatives about protected person's health and residence.

CHAPTER 44A, ARTICLE 4. TERMINATION, REVOCATION AND MODIFICATION OF APPOINTMENTS.

§44A-4-1. Termination of appointment of guardian or conservator.

§44A-4-2. Appointment of successor guardian or conservator.

§44A-4-3. Resignation of guardian or conservator.

§44A-4-4. Removal of guardian or conservator.

§44A-4-5. Duty of guardian or conservator subsequent to death of protected person.

§44A-4-6. Petition for termination, revocation or modification; standards.

§44A-4-7. Hearing on petition to terminate, revoke or modify.

CHAPTER 44A, ARTICLE 5. STANDBY GUARDIANSHIP.

§44A-5-1. Title.

§44A-5-2. Definitions.

§44A-5-3. Petition for approval of standby guardian; fees.

§44A-5-4. Circuit court's order approving standby guardianship; authority; when effective.

§44A-5-5. Written designation of a standby guardian by a parent; commencement of authority; approval required.

§44A-5-6. Further proceedings to determine permanent guardianship.

§44A-5-7. Revocation, refusal and termination of standby guardianship.

§44A-5-8. Review of standby guardianship.

§44A-5-9. Petition and other records pertaining to standby guardianship confidential.

CHAPTER 44B. UNIFORM PRINCIPAL AND INCOME ACT.

CHAPTER 44B, ARTICLE 1. DEFINITIONS AND FIDUCIARY DUTIES.

§44B-1-101. Short title.

§44B-1-102. Definitions.

§44B-1-103. Fiduciary duties; general principles.

§44B-1-104. Trustee's power to adjust.

§44B-1-104a. Total return unitrust.

§44B-1-105. Trustee's right to give notice.

CHAPTER 44B, ARTICLE 2. DECEDENT'S ESTATE OR TERMINATING INCOME INTEREST.

§44B-2-201. Determination and distribution of net income.

§44B-2-202. Distribution to residuary and remainder beneficiaries.

CHAPTER 44B, ARTICLE 3. APPORTIONMENT AT BEGINNING AND END OF INCOME INTEREST.

§44B-3-301. When right to income begins and ends.

§44B-3-302. Apportionment of receipts and disbursements when decedent dies or income interest begins.

§44B-3-303. Apportionment when income interest ends.

CHAPTER 44B, ARTICLE 4. ALLOCATION OF RECEIPTS DURING ADMINISTRATION OF TRUST.

§44B-4-401. Character or receipts.

§44B-4-402. Distribution from trust or estate.

§44B-4-403. Business and other activities conducted by trustee.

§44B-4-404. Principal receipts.

§44B-4-405. Rental property.

§44B-4-406. Obligation to pay money.

§44B-4-407. Insurance policies and similar contracts.

§44B-4-408. Insubstantial allocations not required.

§44B-4-409. Deferred compensation, annuities and similar payments.

§44B-4-410. Liquidating asset.

§44B-4-411. Minerals, water and other natural resources.

§44B-4-412. Timber.

§44B-4-413. Property not productive of income.

§44B-4-414. Derivatives and options.

§44B-4-415. Asset-backed securities.

CHAPTER 44B, ARTICLE 5. ALLOCATION OF DISBURSEMENTS DURING ADMINISTRATION OF TRUST.

§44B-5-501. Disbursements from income.

§44B-5-502. Disbursements from principal.

§44B-5-503. Transfers from income to principal for depreciation.

§44B-5-504. Transfers from income to reimburse principal.

§44B-5-505. Income taxes.

§44B-5-506. Adjustments between principal and income because of taxes.

§44B-5-507. Effect on marital deduction.

CHAPTER 44B, ARTICLE 6. MISCELLANEOUS PROVISIONS.

§44B-6-601. Uniformity of application and construction.

§44B-6-602. Severability clause.

§44B-6-603. Effective date.

§44B-6-604. Application of chapter to existing trusts and estates.

§44B-6-606. Transitional Matters.

CHAPTER 44C. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT.

CHAPTER 44C, ARTICLE 1. GENERAL PROVISIONS.

§44C-1-1. Short title.

§44C-1-2. Definitions.

§44C-1-3. International application.

§44C-1-4. Communication between courts.

§44C-1-5. Cooperation between courts.

§44C-1-6. Taking testimony in another state.

CHAPTER 44C, ARTICLE 2. JURISDICTION.

§44C-2-1. Exclusive basis.

§44C-2-2. Determination of jurisdiction.

§44C-2-3. Special jurisdiction.

§44C-2-4. Exclusive and continuing jurisdiction.

§44C-2-5. Appropriate forum.

§44C-2-6. Jurisdiction declined by reason of conduct.

§44C-2-7. Notice of proceeding.

§44C-2-8. Proceedings in more than one state.

CHAPTER 44C, ARTICLE 3. TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP.

§44C-3-1. Transfer to another state.

§44C-3-2. Accepting guardianship or conservatorship transferred from another state.

CHAPTER 44C, ARTICLE 4. REGISTRATION AND RECOGNITION OF ORDERS FROM OTHER STATES.

§44C-4-1. Registration of guardianship orders.

§44C-4-2. Registration of protective orders.

§44C-4-3. Effect of registration.

CHAPTER 44C, ARTICLE 5. MISCELLANEOUS PROVISIONS.

§44C-5-1. Uniformity of application and construction.

§44C-5-2. Relation to Electronic Signatures in Global and National Commerce Act.

§44C-5-3. Transitional provision.

CHAPTER 44D. UNIFORM TRUST CODE.

CHAPTER 44D, ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.

§44D-1-101. Short title.

§44D-1-102. Scope.

§44D-1-103. Definitions.

§44D-1-104. Knowledge.

§44D-1-105. Default and mandatory rules.

§44D-1-106. Common law of trusts; principles of equity.

§44D-1-107. Governing law.

§44D-1-108. Principal place of administration.

§44D-1-109. Methods and waiver of notice.

§44D-1-110. Others treated as qualified beneficiaries.

§44D-1-111. Nonjudicial settlement agreements.

§44D-1-112. Rules of construction.

§44D-1-113. Insurable interest of trustee.

CHAPTER 44D, ARTICLE 2.  JUDICIAL PROCEEDINGS.

§44D-2-201. Role of court in administration of trust.

§44D-2-202. Jurisdiction over trustee and beneficiary.

§44D-2-203. Subject-matter jurisdiction.

§44D-2-204. Venue.

CHAPTER 44D, ARTICLE 3. REPRESENTATION.

§44D-3-301. Representation; basic effect.

§44D-3-302. Representation by holder of general testamentary power of appointment.

§44D-3-303. Representation by fiduciaries and parents.

§44D-3-304. Representation by person having substantially identical interest.

§44D-3-305. Appointment of representative.

CHAPTER 44D, ARTICLE 4. CREATION, VALIDITY, MODIFICATION AND TERMINATION OF TRUST.

§44D-4-401. Methods of creating trust.

§44D-4-402. Requirement for creation.

§44D-4-403. Trusts created in other jurisdictions.

§44D-4-404. Trust purposes.

§44D-4-405. Charitable purposes; enforcement.

§44D-4-406. Creation of trust induced by fraud, duress or undue influence.

§44D-4-407. Oral trusts unenforceable.

§44D-4-408. Trust for care of animal.

§44D-4-409. Noncharitable trust without ascertainable beneficiary.

§44D-4-410. Modification or termination of trust; proceedings for approval or disapproval.

§44D-4-411. Modification or termination of noncharitable irrevocable trust by consent.

§44D-4-412. Modification or termination because of unanticipated circumstances or inability to administer trust effectively.

§44D-4-413. Cy pres.

§44D-4-414. Modification or termination of uneconomic trust.

§44D-4-415. Reformation to correct mistakes.

§44D-4-416. Modification to achieve grantor's tax objectives.

§44D-4-417. Combination and division of trusts.

CHAPTER 44D, ARTICLE 5. CREDITOR'S CLAIMS; SPENDTHRIFT AND DISCRETIONARY TRUSTS.

§44D-5-501. Rights of beneficiary's creditor or assignee.

§44D-5-502. Spendthrift provision.

§44D-5-503. Exceptions to spendthrift provision.

§44D-5-503a..Self-settled spendthrift trusts.

§44D-5-503b. Definitions.

§44D-5-503c. Vacancies; revocability of trust; right to withdraw.

§44D-5-504. Discretionary trusts; effect of standard.

§44D-5-505. Creditor's claim against grantor.

§44D-5-506. Overdue distribution.

§44D-5-507. Personal obligations of trustee.

CHAPTER 44D, ARTICLE 6. REVOCABLE TRUSTS.

§44D-6-601. Capacity of grantor of revocable trust.

§44D-6-602. Revocation or amendment of revocable trust.

§44D-6-603. Grantor’s powers; powers of withdrawal.

§44D-6-604. Limitation on action contesting validity of revocable trust; distribution of trust property.

CHAPTER 44D, ARTICLE 7. OFFICE OF THE TRUSTEE.

§44D-7-701. Accepting or declining trusteeship.

§44D-7-702. Trustee's bond.

§44D-7-703. Cotrustees.

§44D-7-704. Vacancy in trusteeship; appointment of successor.

§44D-7-705. Resignation of trustee.

§44D-7-706. Removal of trustee.

§44D-7-707. Delivery of property by former trustee.

§44D-7-708. Compensation of trustee.

§44D-7-709. Reimbursement of expenses.

CHAPTER 44D, ARTICLE 8. DUTIES AND POWERS OF TRUSTEE.

§44D-8-801. Duty to administer trust.

§44D-8-802. Duty of loyalty.

§44D-8-803. Impartiality.

§44D-8-804. Prudent administration.

§44D-8-805. Costs of administration.

§44D-8-806. Trustee's skills.

§44D-8-807. Delegation by trustee.

§44D-8-808. Powers to direct.

§44D-8-809. Control and protection of trust property.

§44D-8-810. Recordkeeping and identification of trust property.

§44D-8-811. Enforcement and defense of claims.

§44D-8-812. Collecting trust property.

§44D-8-813. Duty to inform and report.

§44D-8-814. Discretionary powers; tax savings.

§44D-8-815. General powers of trustee.

§44D-8-816. Specific powers of trustee.

§44D-8-817. Distribution upon termination.

CHAPTER 44D, ARTICLE 8A. WEST VIRGINIA UNIFORM DIRECTED TRUST ACT.

§44D-8A-801. Short title.

§44D-8A-802. Definitions.

§44D-8A-803. Application; principal place of administration.

§44D-8A-804. Common law and principles of equity.

§44D-8A-805. Exclusions.

§44D-8A-806. Powers of trust director.

§44D-8A-807. Limitations on trust director.

§44D-8A-808. Duty and liability of trust director.

§44D-8A-809. Duty and liability of directed trustee.

§44D-8A-810. Duty to provide information to trust director or trustee.

§44D-8A-811. No duty to monitor, inform, or advise.

§44D-8A-812. Application to cotrustee.

§44D-8A-813. Limitation of action against trust director.

§44D-8A-814. Defenses in action against trust director.

§44D-8A-815. Jurisdiction over trust director.

§44D-8A-816. Office of trust director.

§44D-8A-817. Effective date.

CHAPTER 44D, ARTICLE 8B. WEST VIRGINIA UNIFORM TRUST DECANTING ACT.

§44D-8B-1. Short title.

§44D-8B-2. Definitions.

§44D-8B-3. Scope.

§44D-8B-4. Fiduciary duty.

§44D-8B-5. Application; governing law.

§44D-8B-6. Reasonable reliance.

§44D-8B-7. Notice; exercise of decanting power.

§44D-8B-8. Representation.

§44D-8B-9. Court involvement.

§44D-8B-10. Formalities.

§44D-8B-11. Decanting power under expanded distributive discretion.

§44D-8B-12. Decanting power under limited distributive discretion.

§44D-8B-13. Trust for beneficiary with disability.

§44D-8B-14. Protection of charitable interest.

§44D-8B-15. Trust limitation on decanting.

§44D-8B-16. Change in compensation.

§44D-8B-17. Relief from liability and indemnification.

§44D-8B-18. Removal or replacement of authorized fiduciary.

§44D-8B-19. Tax-related limitations.

§44D-8B-20. Duration of second trust.

§44D-8B-21. Need to distribute not required.

§44D-8B-22. Saving provision.

§44D-8B-23. Trust for care of animal.

§44D-8B-24. Terms of second trust.

§44D-8B-25. Grantor.

§44D-8B-26. Later-discovered property.

§44D-8B-27. Obligations.

§44D-8B-28. Uniformity of application and construction.

§44D-8B-29. Relation to Electronic Signatures in Global and National Commerce Act.

§44D-8B-30. Severability.

§44D-8B-31. Effective date.

CHAPTER 44D, ARTICLE 9. UNIFORM PRUDENT INVESTOR ACT.

§44D-9-901. Uniform Prudent Investor Act.

CHAPTER 44D, ARTICLE 10. LIABILITY OF TRUSTEES AND RIGHTS OF PERSONS DEALING WITH TRUSTEE.

§44D-10-1001. Remedies for breach of trust.

§44D-10-1002. Damages for breach of trust.

§44D-10-1003. Damages in absence of breach.

§44D-10-1004. Attorney's fees and costs.

§44D-10-1005. Limitation of action against trustee.

§44D-10-1006. Reliance on trust instrument.

§44D-10-1007. Event affecting administration or distribution.

§44D-10-1008. Exculpation of trustee.

§44D-10-1009. Beneficiary's consent, release or ratification.

§44D-10-1010. Limitation on personal liability of trustee.

§44D-10-1011. Interest as general partner.

§44D-10-1012. Protection of person dealing with trustee.

§44D-10-1013. Certification of trust.

CHAPTER 44D, ARTICLE 11. MISCELLANEOUS PROVISIONS.

§44D-11-1101. Uniformity of application and construction.

§44D-11-1102. Electronic records and signatures.

§44D-11-1103. Severability clause.

§44D-11-1104. Effective date.

§44D-11-1105. Application to existing relationships.

CHAPTER 45. SURETYSHIP AND GUARANTY.

CHAPTER 45, ARTICLE 1. SURETIES, GUARANTORS, INDORSERS, BAIL AND PRINCIPALS.

§45-1-1. Demand that creditor sue.

§45-1-2. Discharge of surety, guarantor or indorser by failure of creditor to sue.

§45-1-3. Judgment, decree or recovery not binding on surety not party to proceeding.

§45-1-4. Remedy of bail, surety, guarantor, etc., making payment.

§45-1-5. Principal's right to same defense against surety as against creditor.

§45-1-6. Contribution among cosureties and coguarantors.

§45-1-7. Deposit on contract for use or rental of property.

§45-1-8. Penalty for violation of §45-1-7.

CHAPTER 46. UNIFORM COMMERCIAL CODE.

CHAPTER 46, ARTICLE 1. GENERAL PROVISIONS.

§46-1-101. Short titles.

§46-1-102. Scope of article.

§46-1-103. Construction of uniform commercial code to promote its purposes and policies; applicability of supplemental principles of law.

§46-1-104. Construction against implied repeal.

§46-1-105. Severability.

§46-1-106. Use of singular and plural; gender.

§46-1-107. Section captions.

§46-1-108. Relation to electronic signatures in global and national commerce act.

§46-1-109. Repealed. Acts, 2006 Reg. Sess., Ch. 247.

§46-1-201. General definitions.

§46-1-202. Notice; knowledge.

§46-1-203. Lease distinguished from security interest.

§46-1-204. Value.

§46-1-205. Reasonable time; seasonableness.

§46-1-206. Presumptions.

§46-1-207. Repealed. Acts, 2006 Reg. Sess., Ch. 247.

§46-1-208. Repealed. Acts, 2006 Reg. Sess., Ch. 247.

§46-1-301. Territorial applicability; parties' power to choose applicable law.

§46-1-302. Variation by agreement.

§46-1-303. Course of performance, course of dealing, and usage of trade.

§46-1-304. Obligation of good faith.

§46-1-305. Remedies to be liberally administered.

§46-1-306. Waiver or renunciation of claim or right after breach.

§46-1-307. Prima facie evidence by third-party documents.

§46-1-308. Performance or acceptance under reservation of rights.

§46-1-309. Option to accelerate at will.

§46-1-310. Subordinated obligations.

CHAPTER 46, ARTICLE 2. SALES.

§46-2-101. Short title.

§46-2-102. Scope; certain security and other transactions excluded from this article.

§46-2-103. Definitions and index of definitions.

§46-2-104. Definitions: "merchant"; "between merchants"; "financing agency".

§46-2-105. Definitions: Transferability; "goods"; "future" goods; "lot"; "commercial unit."

§46-2-106. Definitions: "Contract"; "agreement"; "contract for sale"; "sale"; "present sale"; "conforming" to contract; "termination"; "cancellation."

§46-2-107. Goods to be severed from realty: Recording.

§46-2-201. Formal requirements; statute of frauds.

§46-2-202. Final written expression: parol or extrinsic evidence.

§46-2-203. Seals inoperative.

§46-2-204. Formation in general.

§46-2-205. Firm offers.

§46-2-206. Offer and acceptance in formation of contract.

§46-2-207. Additional terms in acceptance or confirmation.

§46-2-208. Repealed. Acts, 2006 Reg. Sess., Ch. 247.

§46-2-209. Modification, rescission and waiver.

§46-2-210. Delegation of performance; assignment of rights.

§46-2-301. General obligations of parties.

§46-2-302. Unconscionable contract or clause.

§46-2-303. Allocation or division of risks.

§46-2-304. Price payable in money, goods, realty, or otherwise.

§46-2-305. Open price term.

§46-2-306. Output, requirements and exclusive dealings.

§46-2-307. Delivery in single lot or several lots.

§46-2-308. Absence of specified place for delivery.

§46-2-309. Absence of specific time provisions; notice of termination.

§46-2-310. Open time for payment or running of credit; authority to ship under reservation.

§46-2-311. Options and cooperation respecting performance.

§46-2-312. Warranty of title and against infringement; buyer's obligation against infringement.

§46-2-313. Express warranties by affirmation, promise, description, sample.

§46-2-314. Implied warranty: Merchantability; usage of trade.

§46-2-315. Implied warranty: Fitness for particular purpose.

§46-2-316. Exclusion or modification of warranties.

§46-2-317. Cumulation and conflict of warranties express or implied.

§46-2-318. Third party beneficiaries of warranties express or implied.

§46-2-319. F.O.B. and F.A.S.terms.

§46-2-320. C.I.F. and C.& F.terms.

§46-2-321. C.I.F. or C.&F.: "Net landed weights"; "payment on arrival"; warranty of condition on arrival.

§46-2-322. Delivery "ex-ship."

§46-2-323. Form of bill of lading required in overseas shipment, "overseas".

§46-2-324. "No arrival, no sale" term.

§46-2-325. "Letter of credit" term; "confirmed credit."

§46-2-326. Sale on approval and sale or return; rights of creditors.

§46-2-327. Special incidents of sale on approval and sale or return.

§46-2-328. Sale by auction.

§46-2-401. Passing of title; reservation for security; limited application of this section.

§46-2-402. Rights of seller's creditors against sold goods.

§46-2-403. Power to transfer; good faith purchase of goods; "entrusting."

§46-2-501. Insurable interest in goods; manner of identification of goods.

§46-2-502. Buyer's right to goods on seller's repudiation, failure to deliver, or insolvency.

§46-2-503. Manner of seller's tender of delivery.

§46-2-504. Shipment by seller.

§46-2-505. Seller's shipment under reservation.

§46-2-506. Rights of financing agency.

§46-2-507. Effect of seller's tender; delivery on condition.

§46-2-508. Cure by seller of improper tender or delivery; replacement.

§46-2-509. Risk of loss in the absence of breach.

§46-2-510. Effect of breach on risk of loss.

§46-2-511. Tender of payment by buyer; payment by check.

§46-2-512. Payment by buyer before inspection.

§46-2-513. Buyer's right to inspection of goods.

§46-2-514. When documents deliverable on acceptance; when on payment.

§46-2-515. Preserving evidence of goods in dispute.

§46-2-601. Buyer's rights on improper delivery.

§46-2-602. Manner and effect of rightful rejection.

§46-2-603. Merchant buyer's duties as to rightfully rejected goods.

§46-2-604. Buyer's options as to salvage of rightfully rejected goods.

§46-2-605. Waiver of buyer's objections by failure to particularize.

§46-2-606. What constitutes acceptance of goods.

§46-2-607. Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over.

§46-2-608. Revocation of acceptance in whole or in part.

§46-2-609. Right to adequate assurance of performance.

§46-2-610. Anticipatory repudiation.

§46-2-611. Retraction of anticipatory repudiation.

§46-2-612. "Installment contract"; breach.

§46-2-613. Casualty to identified goods.

§46-2-614. Substituted performance.

§46-2-615. Excuse by failure of presupposed conditions.

§46-2-616. Procedure on notice claiming excuse.

§46-2-701. Remedies for breach of collateral contracts not impaired.

§46-2-702. Seller's remedies on discovery of buyer's insolvency.

§46-2-703. Seller's remedies in general.

§46-2-704. Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods.

§46-2-705. Seller's stoppage of delivery in transit or otherwise.

§46-2-706. Seller's resale including contract for resale.

§46-2-707. "Person in the position of a seller."

§46-2-708. Seller's damages for nonacceptance or repudiation.

§46-2-709. Action for the price.

§46-2-710. Seller's incidental damages.

§46-2-711. Buyer's remedies in general; buyer's security interest in rejected goods.

§46-2-712. "Cover"; buyer's procurement of substitute goods.

§46-2-713. Buyer's damages for nondelivery or repudiation.

§46-2-714. Buyer's damages for breach in regard to accepted goods.

§46-2-715. Buyer's incidental and consequential damages.

§46-2-716. Buyer's right to specific performance or replevin.

§46-2-717. Deduction of damages from the price.

§46-2-718. Liquidation or limitation of damages; deposits.

§46-2-719. Contractual modification or limitation of remedy.

§46-2-720. Effect of "cancellation" or "rescission" on claims for antecedent breach.

§46-2-721. Remedies for fraud.

§46-2-722. Who can sue third parties for injury to goods.

§46-2-723. Proof of market price: Time and place.

§46-2-724. Admissibility of market quotations.

§46-2-725. Statute of limitations in contracts for sale.

CHAPTER 46, ARTICLE 2A. LEASES.

§46-2A-101. Short title.

§46-2A-102. Scope.

§46-2A-103. Definitions and index of definitions.

§46-2A-104. Leases subject to other law.

§46-2A-105. Territorial application of article to goods covered by certificate of title.

§46-2A-106. Limitation on power of parties to consumer lease to choose applicable law and judicial forum.

§46-2A-107. Waiver or renunciation of claim or right after default.

§46-2A-108. Unconscionability.

§46-2A-109. Option to accelerate at will.

§46-2A-201. Statute of frauds.

§46-2A-202. Final written expression: Parol or extrinsic evidence.

§46-2A-203. Seals inoperative.

§46-2A-204. Formation in general.

§46-2A-205. Firm offers.

§46-2A-206. Offer and acceptance in formation of lease contract.

§46-2A-207. Repealed. Acts, 2006 Reg. Sess., Ch. 247.

§46-2A-208. Modification, rescission and waiver.

§46-2A-209. Lessee under finance lease as beneficiary of supply contract.

§46-2A-210. Express warranties.

§46-2A-211. Warranties against interference and against infringement; lessee's obligation against infringement.

§46-2A-212. Implied warranty of merchantability.

§46-2A-213. Implied warranty of fitness for particular purpose.

§46-2A-214. Exclusion or modification of warranties.

§46-2A-215. Cumulation and conflict of warranties express or implied.

§46-2A-216. Third-party beneficiaries of express and implied warranties.

§46-2A-217. Identification.

§46-2A-218. Insurance and proceeds.

§46-2A-219. Risk of loss.

§46-2A-220. Effect of default on risk of loss.

§46-2A-221. Casualty to identified goods.

§46-2A-301. Enforceability of lease contract.

§46-2A-302. Title to and possession of goods.

§46-2A-303. Alienability of party's interest under lease contract or of lessor's residual interest in goods; delegation of performance; transfer of rights.

§46-2A-304. Subsequent lease of goods by lessor.

§46-2A-305. Sale or sublease of goods by lessee.

§46-2A-306. Priority of certain liens arising by operation of law.

§46-2A-307. Priority of liens arising by attachment or levy on, security interests in, and other claims to goods.

§46-2A-308. Special rights of creditors.

§46-2A-309. Lessor's and lessee's rights when goods become fixtures.

§46-2A-310. Lessor's and lessee's rights when goods become accessions.

§46-2A-311. Priority subject to subordination.

§46-2A-401. Insecurity; adequate assurance of performance.

§46-2A-402. Anticipatory repudiation.

§46-2A-403. Retraction of anticipatory repudiation.

§46-2A-404. Substituted performance.

§46-2A-405. Excused performance.

§46-2A-406. Procedure on excused performance.

§46-2A-407. Irrevocable promises; finance leases.

§46-2A-501. Default; procedure.

§46-2A-502. Notice after default.

§46-2A-503. Modification or impairment of rights and remedies.

§46-2A-504. Liquidation of damages.

§46-2A-505. Cancellation and termination and effect of cancellation, termination, rescission, or fraud on rights and remedies.

§46-2A-506. Statute of limitations.

§46-2A-507. Proof of market rent; time and place.

§46-2A-508. Lessee's remedies.

§46-2A-509. Lessee's rights on improper delivery; rightful rejection.

§46-2A-510. Installment lease contracts; rejection and default.

§46-2A-511. Merchant lessee's duties as to rightfully rejected goods.

§46-2A-512. Lessee's duties as to rightfully rejected goods.

§46-2A-513. Cure by lessor of improper tender or delivery; replacement.

§46-2A-514. Waiver of lessee's objections.

§46-2A-515. Acceptance of goods.

§46-2A-516. Effect of acceptance of goods; notice of default; burden of establishing default after acceptance; notice of claim or litigation to person answerable over.

§46-2A-517. Revocation of acceptance of goods.

§46-2A-518. Cover; substitute goods.

§46-2A-519. Lessee's damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods.

§46-2A-520. Lessee's incidental and consequential damages.

§46-2A-521. Lessee's right to specific performance or replevin.

§46-2A-522. Lessee's right to goods on lessor's insolvency.

§46-2A-523. Lessor's remedies.

§46-2A-524. Lessor's right to identify goods to lease contract.

§46-2A-525. Lessor's right to possession of goods.

§46-2A-526. Lessor's stoppage of delivery in transit or otherwise.

§46-2A-527. Lessor's rights to dispose of goods.

§46-2A-528. Lessor's damages for nonacceptance, failure to pay, repudiation, or other default.

§46-2A-529. Lessor's action for the rent.

§46-2A-530. Lessor's incidental damages.

§46-2A-531. Standing to sue third parties for injury to goods.

§46-2A-532. Lessor's rights to residual interest.

CHAPTER 46, ARTICLE 3. NEGOTIABLE INSTRUMENTS.

§46-3-101. Short title.

§46-3-102. Subject matter.

§46-3-103. Definitions.

§46-3-104. Negotiable instrument.

§46-3-105. Issue of instrument.

§46-3-106. Unconditional promise or order.

§46-3-107. Instrument payable in foreign money.

§46-3-108. Payable on demand or at definite time.

§46-3-109. Payable to bearer or to order.

§46-3-110. Identification of person to whom instrument is payable.

§46-3-111. Place of payment.

§46-3-112. Interest.

§46-3-113. Date of instrument.

§46-3-114. Contradictory terms of instrument.

§46-3-115. Incomplete instrument.

§46-3-116. Joint and several liability; contribution.

§46-3-117. Other agreements affecting instrument.

§46-3-118. Statute of limitations.

§46-3-119. Notice of right to defend action.

§46-3-201. Negotiation.

§46-3-202. Negotiation subject to rescission.

§46-3-203. Transfer of instrument; rights acquired by transfer.

§46-3-204. Indorsement.

§46-3-205. Special indorsement; blank indorsement; anomalous indorsement.

§46-3-206. Restrictive indorsement.

§46-3-207. Reacquisition.

§46-3-301. Person entitled to enforce instrument.

§46-3-302. Holder in due course.

§46-3-303. Value and consideration.

§46-3-304. Overdue instrument.

§46-3-305. Defenses and claims in recoupment.

§46-3-306. Claims to an instrument.

§46-3-307. Notice of breach of fiduciary duty.

§46-3-308. Proof of signatures and status as holder in due course.

§46-3-309. Enforcement of lost, destroyed, or stolen instrument.

§46-3-310. Effect of instrument on obligation for which taken.

§46-3-311. Accord and satisfaction by use of instrument.

§46-3-312. Lost, destroyed, or stolen cashier's check, teller's check or certified check.

§46-3-401. Signature.

§46-3-402. Signature by representative.

§46-3-403. Unauthorized signature.

§46-3-404. Impostors; fictitious payees.

§46-3-405. Employer's responsibility for fraudulent indorsement by employee.

§46-3-406. Negligence contributing to forged signature or alteration of instrument.

§46-3-407. Alteration.

§46-3-408. Drawee not liable on unaccepted draft.

§46-3-409. Acceptance of draft; certified check.

§46-3-410. Acceptance varying draft.

§46-3-411. Refusal to pay cashier's checks, teller's checks and certified checks.

§46-3-412. Obligation of issuer of note or cashier's check.

§46-3-413. Obligation of acceptor.

§46-3-414. Obligation of drawer.

§46-3-415. Obligation of indorser.

§46-3-416. Transfer warranties.

§46-3-417. Presentment warranties.

§46-3-418. Payment of acceptance by mistake.

§46-3-419. Instruments signed for accommodation.

§46-3-420. Conversion of instrument.

§46-3-501. Presentment.

§46-3-502. Dishonor.

§46-3-503. Notice of dishonor.

§46-3-504. Excused presentment and notice of dishonor.

§46-3-505. Evidence of dishonor.

§46-3-601. Discharge and effect of discharge.

§46-3-602. Payment.

§46-3-603. Tender of payment.

§46-3-604. Discharged by cancellation or renunciation.

§46-3-605. Discharge of indorsers and accommodation parties.

CHAPTER 46, ARTICLE 4. BANK DEPOSITS AND COLLECTIONS.

§46-4-101. Short title.

§46-4-102. Applicability.

§46-4-103. Variation by agreement; measure of damages; action constituting ordinary care.

§46-4-104. Definitions and index of definitions.

§46-4-105. "Bank"; "depositary bank"; "intermediary bank"; "collecting bank"; "payor bank"; "presenting bank."

§46-4-106. Payable through or payable at bank; collecting bank.

§46-4-107. Separate office of a bank.

§46-4-108. Time of receipt of items.

§46-4-109. Delays.

§46-4-110. Electronic presentment.

§46-4-111. Statute of limitations.

§46-4-201. Status of collecting banks as agent and provisional status of credits; applicability of article; item indorsed "pay any bank."

§46-4-202. Responsibility for collection or return; when action timely.

§46-4-203. Effect of instructions.

§46-4-204. Methods of sending and presenting; sending directly to payor bank.

§46-4-205. Depositary bank holder of unindorsed item.

§46-4-206. Transfer between banks.

§46-4-207. Transfer warranties.

§46-4-208. Presentment warranties.

§46-4-209. Encoding and retention warranties.

§46-4-210. Security interest of collecting bank in items, accompanying documents and proceeds.

§46-4-211. When bank gives value for purposes of holder in due course.

§46-4-212. Presentment by notice of item not payable by, through or at a bank; liability of drawer or indorser.

§46-4-213. Medium and time of settlement by bank.

§46-4-214. Right of charge-back or refund; liability of collecting bank; return of item.

§46-4-215. Final payment of item by payor bank; when provisional debits and credits become final; when certain credits become available for withdrawal.

§46-4-216. Insolvency and preference.

§46-4-301. Deferred posting; recovery of payment by return of items; time of dishonor; return of items by payor bank.

§46-4-302. Payor bank's responsibility for late return of item.

§46-4-303. When items subject to notice, stop-payment order, legal process, or setoff; order in which items may be charged or certified.

§46-4-401. When bank may charge customer's account.

§46-4-402. Bank's liability to customer for wrongful dishonor; time of determining insufficiency of account.

§46-4-403. Customer's right to stop payment; burden of proof of loss.

§46-4-404. Bank not obligated to pay check more than six months old.

§46-4-405. Death or incompetence of customer.

§46-4-406. Customer's duty to discover and report unauthorized signature or alteration.

§46-4-407. Payor bank's right to subrogation on improper payment.

§46-4-501. Handling of documentary drafts; duty to send for presentment and to notify customer of dishonor.

§46-4-502. Presentment of "on arrival" drafts.

§46-4-503. Responsibility of presenting bank for documents and goods; report of reasons for dishonor; referee in case of need.

§46-4-504. Privilege of presenting bank to deal with goods; security interest for expenses.

CHAPTER 46, ARTICLE 4A. FUNDS TRANSFERS.

§46-4A-101. Short title.

§46-4A-102. Subject matter.

§46-4A-103. Payment order -- Definitions.

§46-4A-104. Funds transfer -- Definitions.

§46-4A-105. Other definitions.

§46-4A-106. Time payment order is received.

§46-4A-107. Federal reserve regulations and operating circulars.

§46-4A-108. Relationship to Electronic Fund Transfer Act.

§46-4A-201. Security procedure.

§46-4A-202. Authorized and verified payment orders.

§46-4A-203. Unenforceability of certain verified payment orders.

§46-4A-204. Refund of payment and duty of customer to report with respect to unauthorized payment order.

§46-4A-205. Erroneous payment orders.

§46-4A-206. Transmission of payment order through funds transfer or other communication system.

§46-4A-207. Misdescription of beneficiary.

§46-4A-208. Misdescription of intermediary bank or beneficiary's bank.

§46-4A-209. Acceptance of payment order.

§46-4A-210. Rejection of payment order.

§46-4A-211. Cancellation and amendment of payment order.

§46-4A-212. Liability and duty of receiving bank regarding unaccepted payment order.

§46-4A-301. Execution and execution date.

§46-4A-302. Obligations of receiving bank in execution of payment order.

§46-4A-303. Erroneous execution of payment order.

§46-4A-304. Duty of sender to report erroneously executed payment order.

§46-4A-305. Liability for late or improper execution or failure to execute payment order.

§46-4A-401. Payment date.

§46-4A-402. Obligation of sender to pay receiving bank.

§46-4A-403. Payment by sender to receiving bank.

§46-4A-404. Obligation of beneficiary's bank to pay and give notice to beneficiary.

§46-4A-405. Payment by beneficiary's bank to beneficiary.

§46-4A-406. Payment by originator to beneficiary; discharge of underlying obligation.

§46-4A-501. Variation by agreement and effect of funds-transfer system rule.

§46-4A-502. Creditor process served on receiving bank; setoff by beneficiary's bank.

§46-4A-503. Injunction or restraining order with respect to funds transfer.

§46-4A-504. Order in which items and payment orders may be charged to account; order of withdrawals from account.

§46-4A-505. Preclusion of objection to debit of customer's account.

§46-4A-506. Rate of interest.

§46-4A-507. Choice of law.

CHAPTER 46, ARTICLE 5. LETTERS OF CREDIT.

§46-5-101. Short title.

§46-5-102. Definitions.

§46-5-103. Scope.

§46-5-104. Formal requirements

§46-5-105. Consideration.

§46-5-106. Issuance, amendment, cancellation and duration.

§46-5-107. Confirmer, nominated person and adviser.

§46-5-108. Issuer's rights and obligations.

§46-5-109. Fraud and forgery.

§46-5-110. Warranties.

§46-5-111. Remedies.

§46-5-112. Transfer of letter of credit.

§46-5-113. Transfer by operation of law.

§46-5-114. Assignment of proceeds.

§46-5-115. Statute of limitations.

§46-5-116. Choice of law and forum.

§46-5-117. Subrogation of issuer, applicant and nominated person.

§46-5-118. Security interest of issuer or nominated persons.

§46-5-119. Applicability.

§46-5-120. Savings clause.

CHAPTER 46, ARTICLE 6. BULK TRANSFERS.

§46-6-101. Repealed.Acts, 1992 Reg. Sess., Ch. 212.

§46-6-102. Repealed.Acts, 1992 Reg. Sess., Ch. 212.

§46-6-103. Repealed.Acts, 1992 Reg. Sess., Ch. 212.

§46-6-104. Repealed.Acts, 1992 Reg. Sess., Ch. 212.

§46-6-105. Repealed.Acts, 1992 Reg. Sess., Ch. 212.

§46-6-106. Repealed.Acts, 1992 Reg. Sess., Ch. 212.

§46-6-107. Repealed.Acts, 1992 Reg. Sess., Ch. 212.

§46-6-108. Repealed.Acts, 1992 Reg. Sess., Ch. 212.

§46-6-109. Repealed.Acts, 1992 Reg. Sess., Ch. 212.

§46-6-110. Repealed.Acts, 1992 Reg. Sess., Ch. 212.

§46-6-111. Repealed.Acts, 1992 Reg. Sess., Ch. 212.

CHAPTER 46, ARTICLE 7. WAREHOUSE RECEIPTS, BILLS OF LADING AND OTHER DOCUMENTS OF TITLE.

§46-7-101. Short title.

§46-7-102. Definitions and index of definitions.

§46-7-103. Relation of article to treaty or statute.

§46-7-104. Negotiable and nonnegotiable document of title.

§46-7-105. Reissuance in alternative medium.

§46-7-106. Control of electronic document of title.

§46-7-201. Person that may issue a warehouse receipt; storage under bond.

§46-7-202. Form of warehouse receipt; effect of omission.

§46-7-203. Liability for nonreceipt or misdescription.

§46-7-204. Duty of care; contractual limitation of warehouse's liability.

§46-7-205. Title under warehouse receipt defeated in certain cases.

§46-7-206. Termination of storage at warehouse's option.

§46-7-207. Goods must be kept separate; fungible goods.

§46-7-208. Altered warehouse receipts.

§46-7-209. Lien of warehouse.

§46-7-210. Enforcement of warehouse's lien.

§46-7-301. Liability for nonreceipt or misdescription; "said to contain"; "shipper's weight, load and count"; improper handling.

§46-7-302. Through bills of lading and similar documents of title.

§46-7-303. Diversion; reconsignment; change of instructions.

§46-7-304. Tangible bills of lading in a set.

§46-7-305. Destination bills.

§46-7-306. Altered bills of lading.

§46-7-307. Lien of carrier.

§46-7-308. Enforcement of carrier's lien.

§46-7-309. Duty of care; contractual limitation of carrier's liability.

§46-7-401. Irregularities in issue of receipt or bill or conduct of issuer.

§46-7-402. Duplicate document of title; overissue.

§46-7-403. Obligation of bailee to deliver; excuse.

§46-7-404. No liability for good-faith delivery pursuant to document of title.

§46-7-501. Form of negotiation and requirements of due negotiation.

§46-7-502. Rights acquired by due negotiation.

§46-7-503. Document of title to goods defeated in certain cases.

§46-7-504. Rights acquired in absence of due negotiation; effect of diversion; stoppage of delivery.

§46-7-505. Indorser not guarantor for other parties.

§46-7-506. Delivery without indorsement: right to compel indorsement.

§46-7-507. Warranties on negotiation or delivery of document of title.

§46-7-508. Warranties of collecting bank as to documents of title.

§46-7-509. Adequate compliance with commercial contract.

§46-7-601. Lost, stolen or destroyed documents of title.

§46-7-602. Judicial process against goods covered by negotiable document of title.

§46-7-603. Conflicting claims; interpleader.

§46-7-701. Applicability.

§46-7-702. Savings clause.

CHAPTER 46, ARTICLE 8. INVESTMENT SECURITIES.

§46-8-101. Short title.

§46-8-102. Definitions.

§46-8-103. Rules for determining whether certain obligations and interests are securities or financial assets.

§46-8-104. Acquisition of security or financial asset or interest therein.

§46-8-105. Notice of adverse claim.

§46-8-106. Control.

§46-8-107. Whether indorsement, instruction or entitlement order is effective.

§46-8-108. Warranties in direct holding.

§46-8-109. Warranties in indirect holding.

§46-8-110. Applicability; choice of law.

§46-8-111. Clearing corporation rules.

§46-8-112. Creditor's legal process.

§46-8-113. Statute of frauds inapplicable.

§46-8-114. Evidentiary rules concerning certificated securities.

§46-8-115. Securities intermediary and others not liable to adverse claimant.

§46-8-116. Securities intermediary as purchaser for value.

§46-8-201. Issuer.

§46-8-202. Issuer's responsibility and defenses; notice of defect or defense.

§46-8-203. Staleness as notice of defect or defense.

§46-8-204. Effect of issuer's restriction on transfer.

§46-8-205. Effect of unauthorized signature on security certificate.

§46-8-206. Completion or alteration of security certificate.

§46-8-207. Rights and duties of issuer with respect to registered owners.

§46-8-208. Effect of signature of authenticating trustee, registrar, or transfer agent.

§46-8-209. Issuer's lien.

§46-8-210. Overissue.

§46-8-301. Delivery.

§46-8-302. Rights of purchaser.

§46-8-303. Protected purchaser.

§46-8-304. Indorsement.

§46-8-305. Instruction.

§46-8-306. Effect of guaranteeing signature, indorsement, or instruction.

§46-8-307. Purchaser's right to requisites for registration of transfer.

§46-8-401. Duty of issuer to register transfer.

§46-8-402. Assurance that indorsement or instruction is effective.

§46-8-403. Demand that issuer not register transfer.

§46-8-404. Wrongful registration.

§46-8-405. Replacement of lost, destroyed, or wrongfully taken security certificate.

§46-8-406. Obligation to notify issuer of lost, destroyed, or wrongfully taken security certificate.

§46-8-407. Authenticating trustee, transfer agent and registrar.

§46-8-501. Securities account; acquisition of security entitlement from securities intermediary.

§46-8-502. Assertion of adverse claim against entitlement holder.

§46-8-503. Property interest of entitlement holder in financial asset held by securities intermediary.

§46-8-504. Duty of securities intermediary to maintain financial asset.

§46-8-505. Duty of securities intermediary with respect to payments and distributions.

§46-8-506. Duty of securities intermediary to exercise rights as directed by entitlement holder.

§46-8-507. Duty of securities intermediary to comply with entitlement order.

§46-8-508. Duty of securities intermediary to change entitlement holder's position to other form of security holding.

§46-8-509. Specification of duties of securities intermediary by other statute or regulation; manner of performance of duties of securities intermediary and exercise of rights of entitlement holder.

§46-8-510. Rights of purchaser of security entitlement from entitlement holder.

§46-8-511. Priority among security interests and entitlement holders.

§46-8-601. Savings clause.

CHAPTER 46, ARTICLE 9. SECURED TRANSACTIONS; SALES OF ACCOUNTS AND CHATTEL PAPER.

§46-9-101. Short title.

§46-9-102. Definitions and index of definitions.

§46-9-103. Purchase-money security interest; application of payments; burden of establishing.

§46-9-103a. "Production-money crops"; "production-money obligation"; production-money security interest; burden of establishing.

§46-9-104. Control of deposit account.

§46-9-105. Control of electronic chattel paper.

§46-9-106. Control of investment property.

§46-9-107. Control of letter-of-credit right.

§46-9-108. Sufficiency of description.

§46-9-109. Scope.

§46-9-110. Security interests arising under article two or two-a.

§46-9-201. General effectiveness of security agreement.

§46-9-202. Title to collateral immaterial.

§46-9-203. Attachment and enforceability of security interest; proceeds; supporting obligations; formal requisites.

§46-9-204. After-acquired property; future advances.

§46-9-205. Use or disposition of collateral permissible.

§46-9-206. Security interest arising in purchase or delivery of financial asset.

§46-9-207. Rights and duties of secured party having possession or control of collateral.

§46-9-208. Additional duties of secured party having control of collateral.

§46-9-209. Duties of secured party if account debtor has been notified of assignment.

§46-9-210. Request for accounting; request regarding list of collateral or statement of account.

§46-9-301. Law governing perfection and priority of security interests.

§46-9-302. Law governing perfection and priority of agricultural liens.

§46-9-303. Law governing perfection and priority of security interests in goods covered by a certificate of title.

§46-9-304. Law governing perfection and priority of security interests in deposit accounts.

§46-9-305. Law governing perfection and priority of security interests in investment property.

§46-9-306. Law governing perfection and priority of security interests in letter-of-credit rights.

§46-9-307. Location of debtor.

§46-9-308. When security interest or agricultural lien is perfected; continuity of perfection.

§46-9-309. Security interest perfected upon attachment.

§46-9-310. When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply.

§46-9-311. Perfection of security interests in property subject to certain statutes, regulations and treaties.

§46-9-312. Perfection of security interests in chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights and money; perfection by permissive filing; temporary perfection without filing or transfer of possession.

§46-9-313. When possession by or delivery to secured party perfects security interest without filing.

§46-9-314. Perfection by control.

§46-9-315. Secured party's rights on disposition of collateral and in proceeds.

§46-9-316. Effect of change in governing law.

§46-9-317. Interests that take priority over or take free of security interest or agricultural lien.

§46-9-318. No interest retained in right to payment that is sold; rights and title of seller of account or chattel paper with respect to creditors and purchasers.

§46-9-319. Rights and title of consignee with respect to creditors and purchasers.

§46-9-320. Buyer of goods.

§46-9-321. Licensee of general intangible and lessee of goods in ordinary course of business.

§46-9-322. Priorities among conflicting security interests in and agricultural liens on same collateral.

§46-9-323. Future advances.

§46-9-324. Priority of purchase-money security interests.

§46-9-324a. Priority of production-money security interests and agricultural liens.

§46-9-325. Priority of security interests in transferred collateral.

§46-9-326. Priority of security interests created by new debtor.

§46-9-327. Priority of security interests in deposit account.

§46-9-328. Priority of security interests in investment property.

§46-9-329. Priority of security interests in letter-of-credit right.

§46-9-330. Priority of purchaser of chattel paper or instrument.

§46-9-331. Priority of rights of purchasers of instruments, documents, and securities under other articles; priority of interests in financial assets and security entitlements under article eight.

§46-9-332. Transfer of money; transfer of funds from deposit account.

§46-9-333. Priority of certain liens arising by operation of law.

§46-9-334. Priority of security interests in fixtures and crops.

§46-9-335. Accessions.

§46-9-336. Commingled goods.

§46-9-337. Priority of security interests in goods covered by certificate of title.

§46-9-338. Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information.

§46-9-339. Priority subject to subordination.

§46-9-340. Effectiveness of right of recoupment or set-off against deposit account.

§46-9-341. Bank's rights and duties with respect to deposit account.

§46-9-342. Bank's right to refuse to enter into or disclose existence of control agreement.

§46-9-401. Alienability of debtor's rights.

§46-9-402. Secured party not obligated on contract of debtor or in tort.

§46-9-403. Agreement not to assert defenses against assignee.

§46-9-404. Rights acquired by assignee; claims and defenses against assignee.

§46-9-405. Modification of assigned contract.

§46-9-406. Discharge of account debtor; notification of assignment; identification and proof of assignment; restrictions on assignment of accounts, chattel paper, payment intangibles and promissory notes ineffective.

§46-9-407. Restrictions on creation or enforcement of security interest in leasehold interest or in lessor's residual interest.

§46-9-408. Restrictions on assignment of promissory notes, health-care-insurance receivables and certain general intangibles ineffective.

§46-9-409. Restrictions on assignment of letter-of-credit rights ineffective.

§46-9-501. Filing office.

§46-9-502. Contents of financing statement; record of mortgage as financing statement; time of filing financing statement.

§46-9-503. Name of debtor and secured party.

§46-9-504. Indication of collateral.

§46-9-505. Filing and compliance with other statutes and treaties for consignments, leases, other bailments and other transactions.

§46-9-506. Effect of errors or omissions.

§46-9-507. Effect of certain events on effectiveness of financing statement.

§46-9-508. Effectiveness of financing statement if new debtor becomes bound by security agreement.

§46-9-509. Persons entitled to file a record.

§46-9-510. Effectiveness of filed record.

§46-9-511. Secured party of record.

§46-9-512. Amendment of financing statement.

§46-9-513. Termination statement.

§46-9-514. Assignment of powers of secured party of record.

§46-9-515. Duration and effectiveness of financing statement; effect of lapsed financing statement.

§46-9-516. What constitutes filing; effectiveness of filing.

§46-9-516a. Filing fraudulent records; civil and criminal penalties; administrative proceedings; immunity from liability.

§46-9-517. Effect of indexing errors.

§46-9-518. Claim concerning inaccurate or wrongfully filed record.

§46-9-519. Numbering, maintaining and indexing records; communicating information provided in records.

§46-9-520. Acceptance and refusal to accept record.

§46-9-521. Written financing statement and amendment thereto.

§46-9-522. Maintenance and destruction of records.

§46-9-523. Information from filing office; sale or license of records.

§46-9-524. Delay by filing office.

§46-9-525. Fees.

§46-9-526. Filing-office rules.

§46-9-527. Duty to report.

§46-9-601. Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles or promissory notes.

§46-9-602. Waiver and variance of rights and duties.

§46-9-603. Agreement on standards concerning rights and duties.

§46-9-604. Procedure if security agreement covers real property or fixtures.

§46-9-605. Unknown debtor or secondary obligor.

§46-9-606. Time of default for agricultural lien.

§46-9-607. Collection and enforcement by secured party.

§46-9-608. Application of proceeds of collection or enforcement; liability for deficiency and right to surplus.

§46-9-609. Secured party's right to take possession after default.

§46-9-610. Disposition of collateral after default.

§46-9-611. Notification before disposition of collateral.

§46-9-612. Timeliness of notification before disposition of collateral.

§46-9-613. Contents and form of notification before disposition of collateral: general.

§46-9-614. Contents and form of notification before disposition of collateral: consumer-goods transaction.

§46-9-615. Application of proceeds of disposition; liability for deficiency and right to surplus.

§46-9-616. Explanation of calculation of surplus or deficiency.

§46-9-617. Rights of transferee of collateral.

§46-9-618. Rights and duties of certain secondary obligors.

§46-9-619. Transfer of record or legal title.

§46-9-620. Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral.

§46-9-621. Notification of proposal to accept collateral.

§46-9-622. Effect of acceptance of collateral.

§46-9-623. Right to redeem collateral.

§46-9-624. Waiver.

§46-9-625. Remedies for secured party's failure to comply with article.

§46-9-626. Action in which deficiency or surplus is in issue.

§46-9-627. Determination of whether conduct was commercially reasonable.

§46-9-628. Nonliability and limitation on liability of secured party; liability of secondary obligor.

§46-9-701. Effective date.

§46-9-702. Savings clause.

§46-9-703. Security interest perfected before effective date.

§46-9-704. Security interest unperfected before effective date.

§46-9-705. Effectiveness of action taken before effective date.

§46-9-706. When initial financing statement suffices to continue effectiveness of financing statement.

§46-9-707. Amendment of preeffective-date financing statement.

§46-9-708. Persons entitled to file initial financing statement or continuation statement.

§46-9-709. Priority.

§46-9-801. Effective date.

§46-9-802. Savings clause.

§46-9-803. Security interest perfected before effective date.

§46-9-804. Security interest unperfected before effective date.

§46-9-805. Effectiveness of action taken before effective date.

§46-9-806. When initial financing statement suffices to continue effectiveness of financing statement.

§46-9-807. Amendment of preeffective-date financing statement.

§46-9-808. Person entitled to file initial financing statement or continuation statement.

§46-9-809. Priority.

CHAPTER 46, ARTICLE 10. EFFECTIVE DATE AND REPEALER.

§46-10-101. Effective date.

§46-10-102. Specific repealer; provisions for transition.

§46-10-103. General repealer.

§46-10-104. Laws not repealed.

CHAPTER 46, ARTICLE 11. EFFECTIVE DATE AND TRANSITION PROVISIONS.

§46-11-101. Repealed. Acts, 2012 Reg. Sess., Ch. 198.

§46-11-102. Repealed. Acts, 2012 Reg. Sess., Ch. 198.

§46-11-103. Repealed. Acts, 2012 Reg. Sess., Ch. 198.

§46-11-104. Repealed. Acts, 2012 Reg. Sess., Ch. 198.

§46-11-105. Repealed. Acts, 2012 Reg. Sess., Ch. 198.

§46-11-106. Repealed. Acts, 2012 Reg. Sess., Ch. 198.

§46-11-107. Repealed. Acts, 2012 Reg. Sess., Ch. 198.

§46-11-108. Repealed. Acts, 2012 Reg. Sess., Ch. 198.

CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT.

CHAPTER 46A, ARTICLE 1. SHORT TITLE, DEFINITIONS AND GENERAL PROVISIONS.

§46A-1-101. Short title.

§46A-1-102. General definitions.

§46A-1-103. Effect of chapter on powers of persons making consumer credit sales and consumer loans, and others; consumer protection generally.

§46A-1-104. Application.

§46A-1-105. Exclusions.

§46A-1-106. Sales, leases or loans subject to chapter by agreement of parties.

§46A-1-107. Waiver.

§46A-1-108. Records retention methods.

CHAPTER 46A, ARTICLE 2. CONSUMER CREDIT PROTECTION.

§46A-2-101. Holders of negotiable instruments subject to claims and defenses.

§46A-2-102. Assignee subject to claims and defenses.

§46A-2-103. Lender subject to claims and defenses arising from sales.

§46A-2-103a. Lessor subject to claims and defenses arising from leases.

§46A-2-104. Notice to cosigners.

§46A-2-105. Balloon payments.

§46A-2-106. Notice of consumer's right to cure default; cure; acceleration.

§46A-2-107. Security in sales or leases.

§46A-2-108. Cross-collateral.

§46A-2-109. Debt secured by cross-collateral.

§46A-2-110. Referral sales or leases.

§46A-2-111. Consumer leases; information to be furnished.

§46A-2-112. Restriction on liability in consumer lease.

§46A-2-113. Notice of assignment.

§46A-2-114. Receipts; statements of account; evidence of payment.

§46A-2-115. Limitation on default charges.

§46A-2-116. Assignment of earnings.

§46A-2-117. Authorization to confess judgment prohibited.

§46A-2-118. No garnishment before judgment.

§46A-2-119. Restrictions on deficiency judgments.

§46A-2-119a. Secured transaction; use of price guide value in calculating deficiency or surplus.

§46A-2-120. Extortionate extensions of credit.

§46A-2-121. Unconscionability; inducement by unconscionable conduct.

§46A-2-122. Definitions.

§46A-2-123. Practice of law by debt collectors.

§46A-2-124. Threats or coercion.

§46A-2-125. Oppression and abuse.

§46A-2-126. Unreasonable publication.

§46A-2-127. Fraudulent, deceptive or misleading representations.

§46A-2-128. Unfair or unconscionable means.

§46A-2-129. Postal violations.

§46A-2-129a. Deceptive or oppressive telephone calls.

§46A-2-130. Limitation on garnishment.

§46A-2-131. No discharge or reprisal because of garnishment.

§46A-2-132. Home solicitation; buyer's right to cancel; notice.

§46A-2-133. Form of agreement or offer to purchase; statement of buyer's rights.

§46A-2-134. Restoration of down payment.

§46A-2-135. Buyer's duty; seller's right; no compensation for certain services.

§46A-2-136. Personal property exemptions.

§46A-2-137. Service of process on certain nonresidents.

§46A-2-138. Buyer's right to cancel certain subscriptions and other obligations.

§46A-2-139. Unlawful commercial facsimile transmission; right of action for injunction, damages.

§46A-2-140. Pleadings not to be the basis of a cause of action.

CHAPTER 46A, ARTICLE 2A. BREACH OF SECURITY OF CONSUMER INFORMATION.

§46A-2A-101. Definitions.

§46A-2A-102. Notice of breach of security of computerized personal information.

§46A-2A-103. Procedures deemed in compliance with security breach notice requirements.

§46A-2A-104. Violations.

§46A-2A-105. Applicability.

CHAPTER 46A, ARTICLE 3. FINANCE CHARGES AND RELATED PROVISIONS.

§46A-3-101. Finance charges generally.

§46A-3-102. Sales finance charge for certain consumer credit sales of real estate.

§46A-3-103. Sales finance charge for revolving charge accounts other than certain sales of real estate.

§46A-3-104. Finance charge for loans other than loans made pursuant to revolving loan accounts; finance charge on assigned contracts; exceptions.

§46A-3-105. Maximum rate on loans and credit sales guaranteed or insured by United States or agency thereof.

§46A-3-106. Loan finance charge for revolving loan accounts.

§46A-3-107. Sales finance charges and loan finance charges on refinancing.

§46A-3-108. Sales finance charges and loan finance charges on consolidation.

§46A-3-109. Additional charges; credit life or health insurance; notice of cancellation; when refund required; obligations of creditor and insurer; civil penalty; rules relating to insurance.

§46A-3-109a. Collateral protection insurance.

§46A-3-110. Right to prepay.

§46A-3-111. Application of payments on account; rebate upon prepayment, refinancing or consolidation; judgments and interest on judgments.

§46A-3-112. Delinquency charges on precomputed consumer credit sales or consumer loans.

§46A-3-113. Delinquency charges on nonprecomputed consumer credit sales or consumer loans repayable in installments.

§46A-3-114. Deferral and modification charges.

§46A-3-115. Advances to perform covenants of consumer.

§46A-3-116. Change in terms of revolving charge accounts or revolving loan accounts.

§46A-3-117. Alternative finance charges authorized.

CHAPTER 46A, ARTICLE 4. REGULATED CONSUMER LENDERS.

§46A-4-101. Authority to make loans.

§46A-4-102. License to make regulated consumer loans.

§46A-4-103. Revocation, suspension or forfeiture of license.

§46A-4-104. Records; annual reports.

§46A-4-105. Examinations; assessments and investigations.

§46A-4-106. Application of Administrative Procedures Act.

§46A-4-107. Loan finance charge for regulated consumer lenders.

§46A-4-108. Use of multiple loan agreements.

§46A-4-109. Restrictions on interest in land as security; assignment of earnings to regulated consumer lender prohibited; when security interest on household furniture goods not valid; prohibitions as to renegotiation of loan discharged in bankruptcy; limiting fees on real property loan refinancings; maximum points, fees and charges; overriding of federal limitations; limitations on lien documents prohibitions on residential mortgage loans; providing civil remedy.

§46A-4-110. Conduct of business other than making loans.

§46A-4-110a. Prohibited conduct.

§46A-4-111. Disclosure of higher annual percentage rate upon refinancing of a loan not secured by real estate at higher rate; requiring documentation of a reasonable net tangible benefit to the borrower of any refinancing of a real estate secured loan.

§46A-4-112. Code reference to supervised lenders and industrial loan companies; authority of the commissioner.

§46A-4-113. Continuation of licensing.

§46A-4-114. Permitting licensee to conduct business at remote location.

CHAPTER 46A, ARTICLE 5. CIVIL LIABILITY AND CRIMINAL PENALTIES.

§46A-5-101. Effect of violations on rights of parties; limitation of actions.

§46A-5-102. Assertion of rights.

§46A-5-103. Willful violations.

§46A-5-104. Attorney’s fees.

§46A-5-105. Willful violations.

§46A-5-106. Adjustment of damages for inflation.

§46A-5-107. Venue.

§46A-5-108. Right to cure.

§46A-5-109. Offers to settle or of judgment; damages for frivolous claims or defenses.

CHAPTER 46A, ARTICLE 6. GENERAL CONSUMER PROTECTION.

§46A-6-101. Legislative declarations; statutory construction.

§46A-6-102. Definitions.

§46A-6-103. Rules and regulations.

§46A-6-104. Unlawful acts or practices.

§46A-6-105. Exempted transactions.

§46A-6-106. Private causes of action.

§46A-6-107. Disclaimer of warranties and remedies prohibited.

§46A-6-107a. Used motor vehicles sold "as is".

§46A-6-108. Breach of warranty; privity abolished.

§46A-6-109. The use of plain language in consumer transactions.

§46A-6-110. Solicitation or cashing of postdated checks; penalties.

CHAPTER 46A, ARTICLE 6A. CONSUMER PROTECTION--NEW MOTOR VEHICLE WARRANTIES.

§46A-6A-1. Legislative declarations.

§46A-6A-2. Definitions.

§46A-6A-3. Manufacturer's duty to repair or replace new motor vehicles.

§46A-6A-3a. Dealer's duty to disclose repairs to consumer.

§46A-6A-4. Civil action by consumer.

§46A-6A-5. Presumption of reasonable number of attempts; extension of warranty term when repair services unavailable.

§46A-6A-6. Written statement to be provided to consumer.

§46A-6A-7. Resale of returned motor vehicle.

§46A-6A-8. Third party dispute resolution process; attorney general to promulgate rules and regulations.

§46A-6A-9. Other remedies available.

CHAPTER 46A, ARTICLE 6B. CONSUMER PROTECTION--AUTOMOTIVE CRASH PARTS.

§46A-6B-1. Legislative declaration.

§46A-6B-2. Definitions.

§46A-6B-3. Genuine and aftermarket crash parts.

§46A-6B-4. Notices and written statements to be provided to vehicle owner.

§46A-6B-5. Other remedies available.

§46A-6B-6. Violation of article an unfair method of competition or deceptive act or practice; penalty.

CHAPTER 46A, ARTICLE 6C. CREDIT SERVICES ORGANIZATIONS.

§46A-6C-1. Definitions.

§46A-6C-2. Credit services organization.

§46A-6C-3. Prohibited conduct.

§46A-6C-4. Bond; surety account.

§46A-6C-5. Registration.

§46A-6C-6. Disclosure statement.

§46A-6C-7. Form and terms of contract.

§46A-6C-8. Waiver.

§46A-6C-9. Action for damages.

§46A-6C-10. Criminal penalty.

§46A-6C-11. Burden of proving exemption.

§46A-6C-12. Remedies cumulative.

CHAPTER 46A, ARTICLE 6D. PRIZES AND GIFTS.

§46A-6D-1. Short title.

§46A-6D-2. Definitions.

§46A-6D-3. Representation of having won a prize, gift or any item of value.

§46A-6D-4. Representation of eligibility to win or to receive a prize, gift or item of value.

§46A-6D-5. Representation of being specially selected.

§46A-6D-6. Simulation of checks and invoices.

§46A-6D-7. Conditions for handling charges and shipping charges.

§46A-6D-8. Action to enforce the provisions of article.

§46A-6D-9. Enforcement; penalties.

§46A-6D-10. Exemptions.

CHAPTER 46A, ARTICLE 6E. CONSUMER PROTECTION -- ASSISTIVE DEVICES.

§46A-6E-1. Definitions.

§46A-6E-2. Express warranty requirement; express warranty duration; implied warranty.

§46A-6E-3. Warranty remedies; procedures for obtaining remedies.

§46A-6E-4. Lease enforcement.

§46A-6E-5. Disclosure upon further sale or lease.

§46A-6E-6. Arbitration.

§46A-6E-7. Limitations; waiver of rights; action for damages; punitive damages.

CHAPTER 46A, ARTICLE 6F. TELEMARKETING.

§46A-6F-101. Applicability of definitions.

§46A-6F-102. Chance promotion.

§46A-6F-103. Consumer; purchaser.

§46A-6F-104. Consumer goods or services.

§46A-6F-105. Division.

§46A-6F-106. Individual.

§46A-6F-107. Investment opportunity.

§46A-6F-108. Material aspect or element.

§46A-6F-109. Person.

§46A-6F-110. Prize, gift or award.

§46A-6F-111. Prize promotion.

§46A-6F-112. Telemarketing solicitation.

§46A-6F-113. Telemarketer.

§46A-6F-114. Telemarketer in good standing.

§46A-6F-201. Inapplicability of registration and bonding provisions of this article to charitable organizations.

§46A-6F-202. Inapplicability of article to licensed securities, commodities, or investment broker, dealer, or investment adviser.

§46A-6F-203. Inapplicability of article to licensed associated person of a securities, commodities, or investment broker, dealer, or investment adviser.

§46A-6F-204. Inapplicability of article to person who does not make the major sales presentation.

§46A-6F-205. Inapplicability of article to person who solicits sales by catalog.

§46A-6F-206. Inapplicability of article to business-to-business sale.

§46A-6F-207. Inapplicability of article to person who solicits contracts for the maintenance or repair of goods.

§46A-6F-208. Inapplicability of article to person soliciting a transaction regulated by the commodity futures trading commission.

§46A-6F-209. Inapplicability of article to supervised financial organization.

§46A-6F-210. Inapplicability of article to licensed insurance broker, agent, customer representative, or solicitor.

§46A-6F-211. Inapplicability of article to person soliciting the sale of services provided by a cable television system.

§46A-6F-212. Inapplicability of article to certain telephone and communications companies.

§46A-6F-213. Inapplicability of article to persons maintaining continuing business locations for sales of consumer goods or services.

§46A-6F-214. Inapplicability of article to issuer of certain securities.

§46A-6F-215. Inapplicability of article to book, video, record, or multimedia club.

§46A-6F-216. Inapplicability of article to registered developer or a real estate salesperson or broker.

§46A-6F-217. Inapplicability of article to person soliciting the sale of electric or natural gas energy or related goods or services.

§46A-6F-218. Inapplicability of article to person soliciting the sale of a magazine or newspaper.

§46A-6F-219. Inapplicability of article to certain telemarketers based on continuous sales and gross sales for exempt persons.

§46A-6F-220. Inapplicability of article to the annual sale of less than one hundred dollars for food stuffs and edibles.

§46A-6F-301. Registration of telemarketers.

§46A-6F-302. Security requirement.

§46A-6F-303. Failure to register or meet security requirement; remedies.

§46A-6F-304. Record keeping requirements.

§46A-6F-401. Mandatory disclosures.

§46A-6F-402. Accepting returns or canceling services.

§46A-6F-501. Unfair or deceptive acts or practices.

§46A-6F-502. Causes of action arising out of unfair or deceptive acts or practices; limitation of actions.

§46A-6F-503. Operating a criminal recovery service; penalties.

§46A-6F-601. Abusive acts or practices.

§46A-6F-701. Civil remedies.

§46A-6F-702. Remedies not exclusive.

§46A-6F-703. Service of process on certain nonresidents.

CHAPTER 46A, ARTICLE 6G. ELECTRONIC MAIL PROTECTION ACT.

§46A-6G-1. Definitions.

§46A-6G-2. Limitations on unauthorized electronic mail.

§46A-6G-3. Interactive computer service authority; liability.

§46A-6G-4. Sale or possession of enabling software prohibited.

§46A-6G-5. Violations; right of action for injunction, damages.

CHAPTER 46A, ARTICLE 6H. TRANSFERS OF RIGHT TO RECEIVE FUTURE PAYMENTS.

§46A-6H-1. Definitions.

§46A-6H-2. Disclosure requirements prior to transfer.

§46A-6H-3. Requirement of court approval for certain structured settlement transfers.

§46A-6H-4. Prohibiting transfer agreements of workers' compensation claims and other transfer agreements that contravene law.

§46A-6H-5. Right of recision.

§46A-6H-6. Remedies; effective date; nonwaiver.

§46A-6H-7. Protection from liability to consumer.

§46A-6H-8. Registration with the Secretary of State.

CHAPTER 46A, ARTICLE 6I. CONSUMER PROTECTIONS IN ELECTRONIC TRANSACTIONS.

§46A-6I-1. Definitions.

§46A-6I-2. Electronic response to electronic notices.

§46A-6I-3. Receipt of electronic record.

§46A-6I-4. Electronic transferable records.

§46A-6I-5. Relationship with federal and state law.

§46A-6I-6. Waiver.

§46A-6I-7. Severability.

CHAPTER 46A, ARTICLE 6J. PROTECTION OF CONSUMERS FROM PRICE GOUGING AND UNFAIR PRICING PRACTICES DURING AND SHORTLY AFTER A STATE OF EMERGENCY.

§46A-6J-1. Emergencies and natural disasters - Taking unfair advantage of consumers.

§46A-6J-2. Definitions.

§46A-6J-3. Prohibited unfair pricing practices.

§46A-6J-4. Notification by the Secretary of State; registry.

§46A-6J-5. Penalties, remedies and enforcement.

§46A-6J-6. Preemption.

CHAPTER 46A, ARTICLE 6K. GOOD FUNDS SETTLEMENT ACT.

§46A-6K-1. Applicability.

§46A-6K-2. Definitions.

§46A-6K-3. Duty of lender; accrual of interest.

§46A-6K-4. Validity of loan documents.

§46A-6K-5. Penalty.

CHAPTER 46A, ARTICLE 6L. THEFT OF CONSUMER IDENTITY PROTECTIONS.

§46A-6L-101. Definitions.

§46A-6L-102. Security freeze; timing; effect; covered entities; cost.

§46A-6L-103. Notice of rights.

§46A-6L-104. Violations; penalties.

§46A-6L-105. Unfair or deceptive acts or practices.

CHAPTER 46A, ARTICLE 6M. STORM SCAMMER CONSUMER PROTECTION ACT.

§46A-6M-1. Definitions.

§46A-6M-2. Consumer's right to cancel residential roofing contract.

§46A-6M-3. Roofing contractor's duty to disclose rights of the consumer via standard form.

§46A-6M-4. Advanced payments prohibited; refunds; emergency repairs; unenforceable contract.

§46A-6M-5. Roofing contractors; prohibited acts.

§46A-6M-6. Private remedies for violation of article; criminal penalties.

CHAPTER 46A, ARTICLE 6N. CONSUMER LITIGATION FINANCING.

§46A-6N-1. Definitions.

§46A-6N-2. Litigation financier; registration; bond; public record; rules.

§46A-6N-3. Litigation financier requirements.

§46A-6N-4. Litigation financier prohibitions.

§46A-6N-5. Litigation financing contracts; disclosures.

§46A-6N-6. Third-party agreements.

§46A-6N-7. Violation; enforcement.

§46A-6N-8. Contingency rights; assignments; priority of lien, subrogation interest, or right of reimbursement.

§46A-6N-9. Fees; terms; incorporation of obligations in agreement.

CHAPTER 46A, ARTICLE 7. ADMINISTRATION.

§46A-7-101. Division of consumer protection created; purpose.

§46A-7-102. Power of Attorney General; reliance on rules of Attorney General or commissioner of banking; duty to report.

§46A-7-103. Division of administrative powers; investigation and administration.

§46A-7-104. Investigatory powers.

§46A-7-105. Application of Administrative Procedures Act.

§46A-7-106. Administrative enforcement orders; judicial review.

§46A-7-107. Assurance of discontinuance.

§46A-7-108. Injunctions against violations of chapter.

§46A-7-109. Injunctions against unconscionable agreements and fraudulent or unconscionable conduct.

§46A-7-110. Temporary relief.

§46A-7-111. Civil actions by Attorney General.

§46A-7-112. Jury trial.

§46A-7-113. Consumer's remedies not affected.

§46A-7-114. Venue.

§46A-7-115. Notification.

§46A-7-116. Repealed. Acts, 1990 Reg. Sess., Ch. 51.

CHAPTER 46A, ARTICLE 8. OPERATIVE DATE AND PROVISIONS FOR TRANSITION.

§46A-8-101. Time of becoming operative; provisions for transition; enforceability of prior transactions; applicability and effective dates of amendments.

§46A-8-102. Severability.

CHAPTER 46B. REGULATION OF THE RENTAL OF CONSUMER GOODS UNDER RENT-TO-OWN AGREEMENTS.

CHAPTER 46B, ARTICLE 1. GENERAL PROVISIONS; PURPOSE AND INTENT; DEFINITIONS.

§46B-1-1. Short title.

§46B-1-2. Scope.

§46B-1-3. Applicability of the law of this state.

§46B-1-4. Legislative purpose and intent.

§46B-1-5. General definitions.

CHAPTER 46B, ARTICLE 2. FORMATION AND CONSTRUCTION OF AGREEMENTS FOR THE RENTAL OF CONSUMER GOODS.

§46B-2-1 Statute of Frauds.

§46B-2-2. Unconscionability.

§46B-2-3. Express warranties.

§46B-2-4. Implied warranty of merchantability.

§46B-2-5. Implied warranty of fitness for particular purpose.

§46B-2-6. Manufacturers' warranties; transfer of warranties.

§46B-2-7. Disclaimer of warranties and remedies prohibited.

§46B-2-8. Third-party beneficiaries of express and implied warranties.

§46B-2-9. Risk of loss.

CHAPTER 46B, ARTICLE 3. DEFAULT.

§46B-3-1. Default; procedure.

§46B-3-2. Notice after default.

§46B-3-3. Termination of rent-to-own agreements.

§46B-3-4. Reinstatement of written rental agreement.

§46B-3-5. Consumer's right to ownership of the goods.

§46B-3-6. Maintenance of goods.

§46B-3-7. Disclosure requirements.

§46B-3-8. Prohibitions for rent-to-own transactions.

§46B-3-9. Limitations on charges and fees.

§46B-3-10. Attorney general; promulgation of rules.

CHAPTER 46B, ARTICLE 4. PROHIBITED CONDUCT.

§46B-4-1. Extortionate conduct in rent-to-own transaction.

§46B-4-2. Referral sales or leases.

§46B-4-3. Practice of law by debt collectors.

§46B-4-4. Threats or coercion.

§46B-4-5. Oppression and abuse.

§46B-4-6. Unreasonable publication.

§46B-4-7. Fraudulent, deceptive or misleading representations.

§46B-4-8. Unfair or unconscionable means.

§46B-4-9. Postal violations.

CHAPTER 46B, ARTICLE 5. ASSIGNMENT AND RECEIPT OF PAYMENT.

§46B-5-1. Notice of assignment.

§46B-5-2. Receipts; statements of account; evidence of payment.

§46B-5-3. Notification.

CHAPTER 46B, ARTICLE 6. LIMITATIONS ON COLLECTIONS AND RELATED PROVISIONS.

§46B-6-1. Assignment of earnings.

§46B-6-2. Authorization to confess judgment prohibited.

§46B-6-3. No garnishment before judgment.

§46B-6-4. Limitation on garnishment.

§46B-6-5. No discharge or reprisal because of garnishment.

§46B-6-6. Personal property exemptions.

CHAPTER 46B, ARTICLE 7. NONRESIDENT DEFENDANTS.

§46B-7-1. Service of process on certain nonresidents.

CHAPTER 46B, ARTICLE 8. ENFORCEMENT AND REMEDIES.

§46B-8-1. Enforcement.

§46B-8-2. Injunctions against unconscionable agreements and fraudulent or unconscionable conduct.

§46B-8-3. Civil actions by Attorney General.

CHAPTER 47. REGULATION OF TRADE.

CHAPTER 47, ARTICLE 1. WEIGHTS AND MEASURES.

§47-1-1. Definitions.

§47-1-2. State standards.

§47-1-3. Commissioner of labor to be commissioner of weights and measures; powers and duties; appointment of deputies and inspectors.

§47-1-4. Systems of weights and measures; technical requirements for weighing and measuring devices.

§47-1-5. Requirements for packaging and labeling.

§47-1-6. Requirements for the method of sale of commodities.

§47-1-7. Requirements for unit pricing.

§47-1-8. Requirements for the registration of service persons and service agencies for commercial weighing and measuring devices.

§47-1-9. Requirements for open dating.

§47-1-10. Requirements for type evaluation.

§47-1-11. Requirements for motor fuel.

§47-1-12. Misrepresentation of quantity.

§47-1-13. Misrepresentation of pricing.

§47-1-14. Method of sale.

§47-1-15. Sale from bulk.

§47-1-16. Information required on packages.

§47-1-17. Declarations of unit price on random weight packages.

§47-1-18. Advertising packages for sale.

§47-1-19. State weights and measures division.

§47-1-20. State measurement laboratory.

§47-1-21. Registration of business.

§47-1-22. Civil penalties.

§47-1-23. Criminal penalties.

CHAPTER 47, ARTICLE 1A. REGULATION AND CONTROL OF BEDDING AND UPHOLSTERY BUSINESSES.

§47-1A-1. Purpose of article.

§47-1A-2. Definitions.

§47-1A-3. Sales of new or secondhand bedding prohibited unless tagged; sales of secondhand filling material as new prohibited; presence of secondhand material or bedding as evidence of sale or use.

§47-1A-4. Bedding and filling material exposed to disease to be sterilized and tagged before sale.

§47-1A-5. Filling material from any animal or fowl or unsanitary material to be sterilized.

§47-1A-6. Secondhand filling material to be sterilized.

§47-1A-7. Registration by sellers of bedding or filling material required.

§47-1A-8. Altering, defacing or removing tag or stamp.

§47-1A-9. Counterfeiting stamps or permits.

§47-1A-10. Sterilization processes; permits; fees.

§47-1A-11. Statements required on tags to be affixed to bedding.

§47-1A-12. Tags to be approved by commissioner; material, color, form and size of tags.

§47-1A-13. Commissioner's authority to prohibit sales; tagging bedding or material exposed to disease "unclean."

§47-1A-14. Annual registration and permit fees.

§47-1A-15. Organization of bedding division; rules and regulations; enforcement of article.

§47-1A-16. Repealed. Acts, 1963 Reg. Sess., Ch. 89.

§47-1A-17. Power of inspection and seizure; obstruction of commissioner or employees prohibited.

§47-1A-18. Penalties for violations.

CHAPTER 47, ARTICLE 2. TRADEMARKS IN GENERAL.

§47-2-1. Definitions.

§47-2-2. Registrability.

§47-2-3. Application for registration.

§47-2-4. Filing of applications.

§47-2-5. Certificate of registration.

§47-2-6. Duration and renewal.

§47-2-7. Assignments, changes of name and other instruments.

§47-2-8. Records.

§47-2-9. Cancellation.

§47-2-10. Classification.

§47-2-11. Fraudulent registration.

§47-2-12. Infringement.

§47-2-13. Injury to business reputation; dilution.

§47-2-14. Remedies.

§47-2-14a. Trademark counterfeiting.

§47-2-14b. Misdemeanor trademark counterfeiting; penalty.

§47-2-14c. Felony trademark counterfeiting; penalty.

§47-2-14d. Seizure, forfeiture and disposal.

§47-2-15. Forum for actions regarding registration; service on out-of-state registrants.

§47-2-16. Common law rights.

§47-2-17. Fees.

§47-2-18. Severability.

§47-2-19. Time of taking effect -- repeal of prior articles; intent of article.

CHAPTER 47, ARTICLE 2A. COPYRIGHT PROTECTION.

§47-2A-1. Legislative findings.

§47-2A-2. Definitions.

§47-2A-3. Publication of royalty rates; notice requirement; sanctions for failure to publish.

§47-2A-4. Applicability.

CHAPTER 47, ARTICLE 3. TRADEMARKS OF DEALERS IN LIQUIDS.

§47-3-1. Repealed. Acts, 1996 Reg. Sess., Ch. 249.

§47-3-2. Repealed. Acts, 1996 Reg. Sess., Ch. 249.

§47-3-3. Repealed. Acts, 1996 Reg. Sess., Ch. 249.

§47-3-4. Repealed. Acts, 1996 Reg. Sess., Ch. 249.

§47-3-5. Repealed. Acts, 1996 Reg. Sess., Ch. 249.

§47-3-6. Repealed. Acts, 1996 Reg. Sess., Ch. 249.

CHAPTER 47, ARTICLE 4. BRANDS OF TIMBER DEALERS.

§47-4-1. Repealed. Acts, 1996 Reg. Sess., Ch. 249.

§47-4-2. Repealed. Acts, 1996 Reg. Sess., Ch. 249.

§47-4-3. Repealed. Acts, 1996 Reg. Sess., Ch. 249.

§47-4-4. Repealed. Acts, 1996 Reg. Sess., Ch. 249.

§47-4-5. Repealed. Acts, 1996 Reg. Sess., Ch. 249.

§47-4-6. Repealed. Acts, 1996 Reg. Sess., Ch. 249.

§47-4-7. Repealed. Acts, 1996 Reg. Sess., Ch. 249.

CHAPTER 47, ARTICLE 5. SAFETY GLAZING MATERIALS.

§47-5-1. Definitions.

§47-5-2. Labeling required.

§47-5-3. Safety glazing materials required in hazardous locations.

§47-5-4. Nonliability of employees.

§47-5-5. Violations; penalties.

§47-5-6. Effective date; prior contracts.

CHAPTER 47, ARTICLE 6. MONEY AND INTEREST.

§47-6-1. Money of account.

§47-6-2. Writing, account or entry valid although sum expressed in other money.

§47-6-3. In suits for foreign or other money, value in money of account to be fixed.

§47-6-4. Silver coin as legal tender.

§47-6-5. Legal rate of interest; agreements in writing fixing rate of interest; agreements in writing fixing rate of interest for residential real estate purposes; providing there may be no penalty upon prepayment; quarterly reports required.

§47-6-5a. Interest charges on loans repayable in installments.

§47-6-5b. Legislative findings; fixing maximum interest rate on certain loans and forbearances of money secured by mortgages or deeds of trust upon real property; authorizing commissioner of banking to fix maximum interest rate on such loans and forbearances of money; prohibiting penalty upon prepayment and escalation of interest clause; quarterly reports required.

§47-6-5c. Interest on the forebearance of money.

§47-6-5d. Rebate upon prepayment, refinancing, consolidation or otherwise; liability and penalties for excess charges.

§47-6-6. Usury and usurious contracts; penalties and forfeitures.

§47-6-7. Pleading usury; reply; evidence; issues; trial; judgment.

§47-6-8. Remedy in equity; injunction against sale of security.

§47-6-9. Action or suit to recover back usurious interest.

§47-6-10. Corporations, partnerships, and limited partnerships not entitled to defense of usury.

§47-6-11. Certain business debts exempt from usury laws.

CHAPTER 47, ARTICLE 7. LICENSED LOANS OF SMALL AMOUNTS.

§47-7-1. Repealed. Acts, 1933 Reg. Sess., Ch. 13, §26.

§47-7-2. Repealed. Acts, 1933 Reg. Sess., Ch. 13, §26.

§47-7-3. Repealed. Acts, 1933 Reg. Sess., Ch. 13, §26.

§47-7-4. Repealed. Acts, 1933 Reg. Sess., Ch. 13, §26.

§47-7-5. Repealed. Acts, 1933 Reg. Sess., Ch. 13, §26.

§47-7-6. Repealed. Acts, 1933 Reg. Sess., Ch. 13, §26.

§47-7-7. Repealed. Acts, 1933 Reg. Sess., Ch. 13, §26.

§47-7-8. Repealed. Acts, 1933 Reg. Sess., Ch. 13, §26.

§47-7-9. Repealed. Acts, 1933 Reg. Sess., Ch. 13, §26.

§47-7-10. Repealed. Acts, 1933 Reg. Sess., Ch. 13, §26.

§47-7-11. Repealed. Acts, 1933 Reg. Sess., Ch. 13, §26.

§47-7-12. Repealed. Acts, 1933 Reg. Sess., Ch. 13, §26.

§47-7-13. Repealed. Acts, 1933 Reg. Sess., Ch. 13, §26.

§47-7-14. Repealed. Acts, 1933 Reg. Sess., Ch. 13, §26.

§47-7-15. Repealed. Acts, 1933 Reg. Sess., Ch. 13, §26.

§47-7-16. Repealed. Acts, 1933 Reg. Sess., Ch. 13, §26.

§47-7-17. Repealed. Acts, 1933 Reg. Sess., Ch. 13, §26.

§47-7-18. Repealed. Acts, 1933 Reg. Sess., Ch. 13, §26.

§47-7-19. Repealed. Acts, 1933 Reg. Sess., Ch. 13, §26.

§47-7-20. Repealed. Acts, 1933 Reg. Sess., Ch. 13, §26.

§47-7-21. Repealed. Acts, 1933 Reg. Sess., Ch. 13, §26.

CHAPTER 47, ARTICLE 7A. SMALL LOANS.

§47-7A-1. Repealed. Acts, 1974 Reg. Sess., Ch. 12.

§47-7A-2. Repealed. Acts, 1974 Reg. Sess., Ch. 12.

§47-7A-3. Repealed. Acts, 1974 Reg. Sess., Ch. 12.

§47-7A-4. Repealed. Acts, 1974 Reg. Sess., Ch. 12.

§47-7A-5. Repealed. Acts, 1974 Reg. Sess., Ch. 12.

§47-7A-6. Repealed. Acts, 1974 Reg. Sess., Ch. 12.

§47-7A-7. Repealed. Acts, 1974 Reg. Sess., Ch. 12.

§47-7A-8. Repealed. Acts, 1974 Reg. Sess., Ch. 12.

§47-7A-9. Repealed. Acts, 1974 Reg. Sess., Ch. 12.

§47-7A-10. Repealed. Acts, 1974 Reg. Sess., Ch. 12.

§47-7A-11. Repealed. Acts, 1974 Reg. Sess., Ch. 12.

§47-7A-12. Repealed. Acts, 1974 Reg. Sess., Ch. 12.

§47-7A-13. Repealed. Acts, 1974 Reg. Sess., Ch. 12.

§47-7A-14. Repealed. Acts, 1974 Reg. Sess., Ch. 12.

§47-7A-15. Repealed. Acts, 1974 Reg. Sess., Ch. 12.

§47-7A-16. Repealed. Acts, 1974 Reg. Sess., Ch. 12.

§47-7A-17. Repealed. Acts, 1974 Reg. Sess., Ch. 12.

§47-7A-18. Repealed. Acts, 1974 Reg. Sess., Ch. 12.

§47-7A-19. Repealed. Acts, 1974 Reg. Sess., Ch. 12.

§47-7A-20. Repealed. Acts, 1974 Reg. Sess., Ch. 12.

§47-7A-21. Repealed. Acts, 1974 Reg. Sess., Ch. 12.

§47-7A-22. Repealed. Acts, 1974 Reg. Sess., Ch. 12.

§47-7A-23. Repealed. Acts, 1974 Reg. Sess., Ch. 12.

§47-7A-24. Repealed. Acts, 1974 Reg. Sess., Ch. 12.

§47-7A-25. Repealed. Acts, 1974 Reg. Sess., Ch. 12.

§47-7A-26. Repealed. Acts, 1974 Reg. Sess., Ch. 12.

CHAPTER 47, ARTICLE 8. TRADE NAMES.

§47-8-1. Repealed. Acts, 1963 Reg. Sess., Ch. 193.

§47-8-2. Business not to be conducted under assumed name without filing certificate of true name.

§47-8-3. Indexing of forms filed with Secretary of State.

§47-8-4. Corporations, associations, limited partnerships, limited liability partnerships, and limited liability companies not to conduct business under assumed name without certificate of trade name; application; issuance of certificate of trade name.

§47-8-5. Penalty for violations.

CHAPTER 47, ARTICLE 8A. UNIFORM PARTNERSHIP ACT.

§47-8A-1. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-2. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-3. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-4. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-5. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-6. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-7. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-8. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-9. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-10. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-11. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-12. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-13. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-14. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-15. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-16. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-17. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-18. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-19. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-20. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-21. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-22. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-23. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-24. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-25. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-26. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-27. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-28. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-29. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-30. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-31. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-32. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-33. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-34. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-35. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-36. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-37. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-38. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-39. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-40. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-41. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-42. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-43. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-44. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

§47-8A-45. Repealed. Acts, 1995 Reg. Sess., Ch. 250.

CHAPTER 47, ARTICLE 9. UNIFORM LIMITED PARTNERSHIP ACT.

§47-9-1. Definitions.

§47-9-2. Name of limited partnership.

§47-9-3. Reservation of name.

§47-9-4. Secretary of State constituted attorney-in-fact for all limited partnerships; manner of acceptance or service of notice and process upon Secretary of State; what constitutes conducting affairs or doing or transacting business in this state for purposes of this section.

§47-9-5. Office and records.

§47-9-6. Nature of business.

§47-9-7. Business transactions of partner with partnership.

§47-9-8. Certificate and formation of limited partnership.

§47-9-9. Amendment to certificate.

§47-9-10. Cancellation of certificate.

§47-9-10a. Administrative dissolution of a limited partnership; reinstatement; appeals.

§47-9-11. Execution of certificates.

§47-9-12. Judicial amendment or cancellation of certificate.

§47-9-13. Filing of certificate.

§47-9-14. Liability for false statement in certificate.

§47-9-15. Notice.

§47-9-16. Delivery of certificates to limited partners.

§47-9-17. Admission of limited partners.

§47-9-18. Voting by limited partners.

§47-9-19. Liability to third parties.

§47-9-20. Person erroneously believing himself limited partner.

§47-9-21. Right of limited partner to information.

§47-9-22. Admission of additional general partners.

§47-9-23. Events of withdrawal of general partner.

§47-9-24. General powers and liabilities of general partner.

§47-9-25. Contributions by general partner.

§47-9-26. Voting by general partners.

§47-9-27. Form of contribution.

§47-9-28. Liability for contribution.

§47-9-29. Sharing of profits and losses.

§47-9-30. Sharing of distributions.

§47-9-31. Interim distributions.

§47-9-32. Withdrawal of general partner.

§47-9-33. Withdrawal of limited partner.

§47-9-34. Distribution upon withdrawal.

§47-9-35. Distribution in kind.

§47-9-36. Right to distribution.

§47-9-37. Limitations on distribution.

§47-9-38. Liability upon return of contribution.

§47-9-39. Nature of partnership interest.

§47-9-40. Assignment of partnership interest.

§47-9-41. Rights of creditor.

§47-9-42. Right of assignee to become limited partner.

§47-9-43. Power of estate of deceased or incompetent partner.

§47-9-44. Nonjudicial dissolution.

§47-9-45. Judicial dissolution.

§47-9-46. Winding up of affairs.

§47-9-47. Distribution of assets.

§47-9-48. Law governing foreign limited partnerships.

§47-9-49. Registration of foreign limited partnership.

§47-9-50. Issuance of registration.

§47-9-51. Registration of name of foreign limited partnership.

§47-9-52. Foreign limited partnership -- Changes and amendments to registration.

§47-9-53. Foreign limited partnership -- Cancellation of registration.

§47-9-53a. Revocation and reinstatement of foreign limited partnership certificates of authority.

§47-9-54. Foreign limited partnership -- Transaction of business without registration.

§47-9-55. Action by Attorney General to restrain a foreign limited partnership.

§47-9-56. Right of action by limited partner.

§47-9-57. Proper plaintiff in derivative action.

§47-9-58. Pleading in derivative action.

§47-9-59. Expenses in derivative action.

§47-9-60. Construction and application of article.

§47-9-61. Short title of article.

§47-9-62. Effective date of article.

§47-9-63. Rules for cases not provided for in article.

CHAPTER 47, ARTICLE 9A. VOLUNTARY ASSOCIATIONS AND BUSINESS TRUSTS.

§47-9A-1. Right to acquire and dispose of property; execution of deeds and other writings.

§47-9A-2. Application for registration of business trust; issuance of certificate of business trust.

§47-9A-3. Filing of voluntary association; issuance of certificate of voluntary association.

§47-9A-4. Application of laws relating to corporations; name of business trust or voluntary association; adoption and use of trade name and seal; amendment of declaration, articles or agreement; change of agent for service of process, trustees, and members; dissolution; filing.

§47-9A-5. Providing for use of trade names; acknowledgment of deeds and other writings.

§47-9A-6. Validation of deeds and other writings heretofore executed.

§47-9A-7. Repeal of conflicting acts; severability.

CHAPTER 47, ARTICLE 10. LIQUID FUELS AND LUBRICATING OILS.

§47-10-1. Fraudulent sale of liquid fuels, lubricating oils, etc., prohibited.

§47-10-2. Unlawful to sell from distributing equipment any liquid fuels, etc., other than those named thereon.

§47-10-3. Unlawful to imitate designs or trade names of recognized brands of liquid fuels, etc.

§47-10-4. Unlawful to sell under established trade name any substituted, mixed, adulterated or other liquid fuels, etc., than those manufactured or distributed under such trade name.

§47-10-5. Unlawful to deliver into distributing device any other liquid fuels, etc., than those indicated by trade name thereon.

§47-10-6. Trade name of lubricating oil to be shown; sign showing no trade name.

§47-10-6a. Posting of the alcoholic content of gasoline.

§47-10-7. Offenses; penalties; revocation of distributor's license.

CHAPTER 47, ARTICLE 11. FAIR TRADE ACT.

§47-11-1. Repealed. Acts, 1976 Reg. Sess., Ch. 115.

§47-11-2. Repealed. Acts, 1976 Reg. Sess., Ch. 115.

§47-11-3. Repealed. Acts, 1976 Reg. Sess., Ch. 115.

§47-11-4. Repealed. Acts, 1976 Reg. Sess., Ch. 115.

§47-11-5. Repealed. Acts, 1976 Reg. Sess., Ch. 115.

§47-11-6. Repealed. Acts, 1976 Reg. Sess., Ch. 115.

§47-11-7. Repealed. Acts, 1976 Reg. Sess., Ch. 115.

§47-11-8. Repealed. Acts, 1976 Reg. Sess., Ch. 115.

CHAPTER 47, ARTICLE 11A. UNFAIR TRADE PRACTICES.

§47-11A-1. Legislative findings; designation of article.

§47-11A-2. When selling below cost prohibited; penalty.

§47-11A-3. When rebates and special privileges prohibited; penalty.

§47-11A-4. Personal responsibility of directors, officers or agents.

§47-11A-5. 'Retailer' and 'wholesaler' defined; sales and transfers subject to article.

§47-11A-6. How cost determined.

§47-11A-7. When invoice cost of goods purchased at forced, etc., sale may be used.

§47-11A-8. Sales exempt.

§47-11A-9. Injunctions; damage suits; and jurisdiction.

§47-11A-10 Repealed. Acts, 2016 Reg. Sess., Ch. 217

§47-11A-11. Penalties for violations.

§47-11A-12 Repealed. Acts, 2016 Reg. Sess., Ch. 217

§47-11A-12a. Unsolicited goods.

§47-11A-13 Repealed. Acts, 2016 Reg. Sess., Ch. 217

§47-11A-14. Purposes of article.

CHAPTER 47, ARTICLE 11B. CLOSING-OUT SALES, FIRE SALES AND DEFUNCT BUSINESS SALES.

§47-11B-1. Legislative findings.

§47-11B-2. Definitions.

§47-11B-3. License required; exceptions.

§47-11B-4. License application requirements.

§47-11B-5. Investigation of application; grounds for denial.

§47-11B-6. Duration of sale; license fee.

§47-11B-7. Revocation of license; grounds.

§47-11B-8. Notice of denial, refusal or revocation of license; judicial review thereof.

§47-11B-9. Bond required.

§47-11B-10. Branch stores and warehouses.

§47-11B-11. Substitution, addition and commingling of goods voids license; change of time or place of sale; certain purchases prohibited.

§47-11B-12. Copy of application, inventory and license to be posted; license to be referred to in advertisements.

§47-11B-13. Opening of a similar business within one year of sale prohibited.

§47-11B-14. Records.

§47-11B-15. Penalties for violations.

§47-11B-16. Severability.

§47-11B-17. Effective date.

CHAPTER 47, ARTICLE 11C. WEST VIRGINIA PETROLEUM PRODUCTS FRANCHISE ACT.

§47-11C-1. Short title.

§47-11C-2. Definitions.

§47-11C-3. Franchise agreement.

§47-11C-4. Disclosures to prospective dealers.

§47-11C-5. Termination of or refusal to renew franchise; notice; grounds.

§47-11C-5a. Motor fuel franchise agreements.

§47-11C-6. Damages; remedies.

§47-11C-7. Application.

§47-11C-8. Effective date.

CHAPTER 47, ARTICLE 11D. THE MOTION PICTURE FAIR COMPETITION ACT.

§47-11D-1. Purpose.

§47-11D-2. Definitions.

§47-11D-3. Blind bidding prohibited; invitation to bid; provisions of article waived as to certain exhibitors.

§47-11D-4. Bidding procedures.

CHAPTER 47, ARTICLE 11E. PHYSICIANS FREEDOM OF PRACTICE ACT.

§47-11E-1. Definitions.

§47-11E-2. Limitation on contractual provisions in physician employment contract.

§47-11E-3. Enforceability of other provisions.

§47-11E-4. Exemptions to limitations.

§47-11E-5. Applicability.

§47-11E-6. Repealed. Acts, 1986 1st Ex. Sess., Ch. 21.

§47-11E-7. Repealed. Acts, 1986 1st Ex. Sess., Ch. 21.

§47-11E-8. Repealed. Acts, 1986 1st Ex. Sess., Ch. 21.

§47-11E-9. Repealed. Acts, 1986 1st Ex. Sess., Ch. 21.

§47-11E-10. Repealed. Acts, 1986 1st Ex. Sess., Ch. 21.

§47-11E-11. Repealed. Acts, 1986 1st Ex. Sess., Ch. 21.

§47-11E-12. Repealed. Acts, 1986 1st Ex. Sess., Ch. 21.

CHAPTER 47, ARTICLE 11F. FARM EQUIPMENT DEALER CONTRACT ACT.

§47-11F-1. Short title.

§47-11F-2. Definitions.

§47-11F-3. Notice of termination of agreement or contract.

§47-11F-4. Supplier requirement to repurchase dealer inventory; terms of repurchase.

§47-11F-5. Exceptions to repurchase requirement.

§47-11F-6. Applicability of uniform commercial practices.

§47-11F-7. Warranty claims.

§47-11F-8. Civil remedies applicable.

CHAPTER 47, ARTICLE 12. REAL ESTATE COMMISSION, BROKERS AND SALESPERSONS.

§47-12-1. Repealed. Acts, 2002 Reg. Sess., Ch. 245.

§47-12-2. Repealed. Acts, 2002 Reg. Sess., Ch. 245.

§47-12-3. Repealed. Acts, 2002 Reg. Sess., Ch. 245.

§47-12-4. Repealed. Acts, 2002 Reg. Sess., Ch. 245.

§47-12-5. Repealed. Acts, 2002 Reg. Sess., Ch. 245.

§47-12-6. Repealed. Acts, 2002 Reg. Sess., Ch. 245.

§47-12-7. Repealed. Acts, 2002 Reg. Sess., Ch. 245.

§47-12-8. Repealed. Acts, 2002 Reg. Sess., Ch. 245.

§47-12-9. Repealed. Acts, 2002 Reg. Sess., Ch. 245.

§47-12-10. Repealed. Acts, 2002 Reg. Sess., Ch. 245.

§47-12-11. Repealed. Acts, 2002 Reg. Sess., Ch. 245.

§47-12-12. Repealed. Acts, 2002 Reg. Sess., Ch. 245.

§47-12-13. Repealed. Acts, 2002 Reg. Sess., Ch. 245.

§47-12-14. Repealed. Acts, 2002 Reg. Sess., Ch. 245.

§47-12-15. Repealed. Acts, 2002 Reg. Sess., Ch. 245.

§47-12-16. Repealed. Acts, 2002 Reg. Sess., Ch. 245.

§47-12-17. Repealed. Acts, 2002 Reg. Sess., Ch. 245.

§47-12-18. Repealed. Acts, 2002 Reg. Sess., Ch. 245.

§47-12-19. Repealed. Acts, 2002 Reg. Sess., Ch. 245.

§47-12-20. Repealed. Acts, 2002 Reg. Sess., Ch. 245.

§47-12-21. Repealed. Acts, 2002 Reg. Sess., Ch. 245.

§47-12-22. Repealed. Acts, 2002 Reg. Sess., Ch. 245.

§47-12-23. Repealed. Acts, 2002 Reg. Sess., Ch. 245.

§47-12-24. Repealed. Acts, 2002 Reg. Sess., Ch. 245.

CHAPTER 47, ARTICLE 13. CIGARETTE SALES ACT.

§47-13-1. Repealed. Acts, 1967 Reg. Sess., Ch. 167.

§47-13-2. Repealed. Acts, 1967 Reg. Sess., Ch. 167.

§47-13-3. Repealed. Acts, 1967 Reg. Sess., Ch. 167.

§47-13-4. Repealed. Acts, 1967 Reg. Sess., Ch. 167.

§47-13-5. Repealed. Acts, 1967 Reg. Sess., Ch. 167.

§47-13-6. Repealed. Acts, 1967 Reg. Sess., Ch. 167.

§47-13-7. Repealed. Acts, 1967 Reg. Sess., Ch. 167.

§47-13-8. Repealed. Acts, 1967 Reg. Sess., Ch. 167.

§47-13-9. Repealed. Acts, 1967 Reg. Sess., Ch. 167.

§47-13-10. Repealed. Acts, 1967 Reg. Sess., Ch. 167.

§47-13-11. Repealed. Acts, 1967 Reg. Sess., Ch. 167.

§47-13-12. Repealed. Acts, 1967 Reg. Sess., Ch. 167.

§47-13-13. Repealed. Acts, 1967 Reg. Sess., Ch. 167.

§47-13-14. Repealed. Acts, 1967 Reg. Sess., Ch. 167.

§47-13-15. Repealed. Acts, 1967 Reg. Sess., Ch. 167.

CHAPTER 47, ARTICLE 14. PRENEED FUNERAL CONTRACTS.

§47-14-1. Declaration of policy; legislative intent.

§47-14-2. Definitions.

§47-14-3. Certificate of authority required; fees to go to division; special account established; duties of certificate holder.

§47-14-4. Agents and employees; licenses required; fee to go to division.

§47-14-5. Disposition of proceeds; trusts; procedure for administration; division to promulgate rules.

§47-14-6. Withdrawal of funds.

§47-14-7. Income on trust accounts.

§47-14-8. Limitations on enforcement of contract; appointment and removal of trustees; standards for administration of trusts; contracts may be irrevocable; "Preneed Guarantee Fund" established; assignment of contract allowed; credit life insurance allowed; successor in interest defined.

§47-14-9. Forms and rules.

§47-14-10. Solicitation.

§47-14-11. Disciplinary proceedings; revocation of license or certificate; liquidation upon violation.

§47-14-12. Civil action; attorney's fees.

§47-14-13. Penalty.

§47-14-14. Severability.

CHAPTER 47, ARTICLE 15. PYRAMID PROMOTIONAL SCHEME.

§47-15-1. Definitions.

§47-15-2. Unlawful act.

§47-15-3. Contracts void and unenforceable.

§47-15-4. Restraining prohibited acts.

§47-15-5. Criminal penalties.

§47-15-6. Severability.

CHAPTER 47, ARTICLE 16. COLLECTION AGENCIES.

§47-16-1. Citation of article.

§47-16-2. Definitions.

§47-16-3. Scope.

§47-16-4. Requirements for conduct of agency.

§47-16-5. Penalty; civil liability.

CHAPTER 47, ARTICLE 17. REGULATION OF MOTOR FUEL CONTRACTS.

§47-17-1. Contracts for the payment of manufactures' excise taxes.

CHAPTER 47, ARTICLE 18. ANTITRUST ACT; RESTRAINT OF TRADE.

§47-18-1. Short title.

§47-18-2. Definitions.

§47-18-3. Contracts and combinations in restraint of trade.

§47-18-4. Establishment, maintenance or use of monopoly.

§47-18-4a. Repealed. Acts, 1996 Reg. Sess., Ch. 72.

§47-18-5. Exemptions.

§47-18-6. General powers and duties of Attorney General.

§47-18-7. Investigations; powers and duties of Attorney General.

§47-18-8. Injunctions and other relief; violations; jurisdiction.

§47-18-9. Damages; treble damage suits.

§47-18-10. Final judgment in civil proceeding as prima facie evidence.

§47-18-11. Limitation of actions.

§47-18-12. Suspension of limitation period.

§47-18-13. Cumulative remedies.

§47-18-14. Cooperation with federal government and other states.

§47-18-15. Venue.

§47-18-16. Judicial construction.

§47-18-17. Attorney general to bring actions on behalf of state residents; procedures used in such actions; damages.

§47-18-18. Disposition of funds.

§47-18-19. Antitrust enforcement fund.

§47-18-20. Rules and regulations.

§47-18-21. Cooperation by public agencies, officials and employees.

§47-18-22. Assurances of voluntary compliance.

§47-18-23. Severability.

CHAPTER 47, ARTICLE 19. DRUG PARAPHERNALIA.

§47-19-1. Items designed or marketed for use with controlled substances; license required.

§47-19-2. Application.

§47-19-3. Drug paraphernalia defined.

§47-19-4. Records.

§47-19-5. Regulations.

§47-19-6. Sale to minors prohibited; penalty.

§47-19-7. Penalty.

§47-19-8. Sale of drug paraphernalia at certain events or outdoors prohibited.

CHAPTER 47, ARTICLE 20. CHARITABLE BINGO.

§47-20-1. Legislative intent.

§47-20-2. Definitions.

§47-20-3. Who may hold bingo games; application for license; licenses not transferable.

§47-20-4. Annual license; conditions on holding of games.

§47-20-5. Limited occasion license; conditions on holding of games.

§47-20-5a. Venue.

§47-20-6. License fee and exemption from taxes.

§47-20-6a. Super bingo license.

§47-20-7. Information required in application.

§47-20-8. Amendment of license.

§47-20-9. Licensee rules and regulations.

§47-20-10. Limits on prizes awarded -- General provisions.

§47-20-11. Operator of bingo games and related concessions.

§47-20-12. Compensation.

§47-20-12a. Compensation of bingo operator; number of employees.

§47-20-13. Concessions exception.

§47-20-14. Repealed. Acts, 1995 Reg. Sess., Ch. 51.

§47-20-15. Payment of reasonable expenses from proceeds; net proceeds disbursement.

§47-20-16. Records; commissioner audit.

§47-20-17. Advertising.

§47-20-18. Fraud; penalties.

§47-20-19. Obtaining license fraudulently; penalty.

§47-20-20. Violation of provisions; penalties.

§47-20-21. Proceeds of state fair.

§47-20-22. State fair bingo license; rules and regulations.

§47-20-23. Administration; Rules and Regulations.

§47-20-24. Filing of reports.

§47-20-25. Filing of copy of license; application open to public inspection.

§47-20-26. County option election.

§47-20-27. Prohibited acts by convicted individuals and corporations.

§47-20-28. Restrictions on use of bingo equipment.

§47-20-28a. Certain operators of bingo games to provide for smoking and nonsmoking sections.

§47-20-29. Effective date.

§47-20-30. Severability.

§47-20-31. Additional remedies for the commissioner; administrative procedures; deposit of money penalties.

CHAPTER 47, ARTICLE 21. CHARITABLE RAFFLES.

§47-21-1. Legislative intent.

§47-21-2. Definitions.

§47-21-3. Authorizing the conduct of certain raffles without a license.

§47-21-4. Who may hold raffles; application for license; licenses not transferable.

§47-21-5. Annual license; conditions on holding of raffles.

§47-21-6. Limited occasion license; conditions on holding of raffles.

§47-21-7. License fee and exemption from taxes.

§47-21-8. Information required in application.

§47-21-9. Amendment of license.

§47-21-10. Licensee rules and regulations.

§47-21-11. Limits on prizes awarded -- General provisions.

§47-21-12. Compensation.

§47-21-13. Compensation for concession operator; concession operated by charitable or public service organization.

§47-21-14. Repealed. Acts, 1995 Reg. Sess., Ch. 51.

§47-21-15. Payment of reasonable expenses from proceeds; net proceeds disbursement.

§47-21-16. Records; commissioner audit.

§47-21-17. Advertising.

§47-21-18. Fraud; penalties.

§47-21-19. Obtaining license fraudulently; penalty.

§47-21-20. Violation of provisions; crime; civil penalties; additional grounds for suspension or revocation.

§47-21-21. Administration; rules and regulations.

§47-21-22. Filing of reports.

§47-21-23. Filing of copy of license; application open to public inspection.

§47-21-24. County option election.

§47-21-25. Prohibited acts by convicted persons.

§47-21-26. Restrictions on use of raffle equipment.

§47-21-27. Proceeds of state fair.

§47-21-28. State fair raffle license; rules and regulations.

§47-21-29. Severability.

§47-21-30. Additional remedies for the commissioner; administrative procedures; deposit of money penalties.

CHAPTER 47, ARTICLE 21A. ONLINE CHARITABLE RAFFLES.

§47-21A-1. Legislative intent.

§47-21A-2. Definitions.

§47-21A-3. Authorizing the conduct of certain online raffles without a license.

§47-21A-4. Who may hold online raffles; application for license; licenses not transferable.

§47-21A-5. Annual license; conditions on holding of online raffles.

§47-21A-6. Limited occasion license; conditions on holding of online raffles.

§47-21A-7. License fee and exemption from taxes.

§47-21A-8. Information required in application.

§47-21A-9. Amendment of license.

§47-21A-10. Licensee rules and regulations.

§47-21A-11. Limits on prizes awarded; general provisions.

§47-21A-12. Compensation.

§47-21A-13. Payment of reasonable expenses from proceeds; net proceeds disbursement.

§47-21A-14. Records; commissioner audit.

§47-21A-15. Advertising.

§47-21A-16. Annual Platform Provider license; conditions on holding of online raffles.

§47-21A-17. Annual Platform Provider License fee and exemption from taxes.

§47-21A-18. Information required in application for an Annual Platform Provider License.

§47-21A-19. Records; commissioner audit.

§47-21A-20. Fraud; penalties.

§47-21A-21. Obtaining license fraudulently; penalty.

§47-21A-22. Violation of provisions; crime; civil penalties.

§47-21A-23. Administration; rules and regulations.

§47-21A-24. Filing of reports.

§47-21A-25. Filing of copy of license; application open to public inspection.

§47-21A-26. Prohibited acts by convicted persons.

§47-21A-27. Proceeds of state fair.

§47-21A-28. State fair online raffle license; rules and regulations.

§47-21A-29. Additional remedies for the commissioner; administrative procedures; deposit of money penalties.

CHAPTER 47, ARTICLE 22. UNIFORM TRADE SECRETS ACT.

§47-22-1. Definitions.

§47-22-2. Injunctive relief.

§47-22-3. Damages.

§47-22-4. Attorney's fees.

§47-22-5. Preservation of secrecy.

§47-22-6. Statute of limitations.

§47-22-7. Effect on other law.

§47-22-8. Uniformity of application and construction.

§47-22-9. Short title.

§47-22-10. Time of taking effect.

CHAPTER 47, ARTICLE 23. CHARITABLE RAFFLE BOARDS AND GAMES.

§47-23-1. Short title.

§47-23-2. Definitions.

§47-23-3. Fees.

§47-23-4. No fee on charitable raffle boards and games by municipalities or other governmental subdivisions.

§47-23-5. Repealed. Acts, 1993 1st Ex. Sess., Ch. 4.

§47-23-6. Repealed. Acts, 1993 1st Ex. Sess., Ch. 4.

§47-23-7. Surety bonds required; release of surety; new bond.

§47-23-7a. Requirement of wholesalers and distributors to be licensed to do business in state; resident agent requirement.

§47-23-8. How fee paid; reports required; due date; records to be kept; inspection of records and stocks; examination of witnesses, summons, etc.

§47-23-9. Penalty for failure to file return when no fee due; other offenses; penalties; seizures of illegal boards and games; disposition.

§47-23-10. Transportation of charitable raffle boards and games; forfeitures and sales of charitable raffle boards, charitable raffle games and equipment; criminal sanctions.

§47-23-11. Administration; rulemaking; required verification.

§47-23-12. Severability.

§47-23-13. General procedure and administration.

§47-23-14. Effective date of article.

CHAPTER 47, ARTICLE 24. THE REVERSE MORTGAGE ENABLING ACT.

§47-24-1. Short title.

§47-24-2. Statement of purpose.

§47-24-3. Definition.

§47-24-4. General rules for reverse mortgages.

§47-24-5. Inapplicability of related statutes and law.

§47-24-6. Treatment of reverse mortgage loan proceeds by public benefit programs.

§47-24-7. Consumer information and counseling.

§47-24-8. Regulatory authority and exemptions.

CHAPTER 47, ARTICLE 25. REDUCED CIGARETTE IGNITION PROPENSITY.

§47-25-1. Short title.

§47-25-2. Definitions.

§47-25-3. Test method and performance standard.

§47-25-4. Certification and product change.

§47-25-5. Marking of cigarette packaging.

§47-25-6. Penalties.

§47-25-7. Implementation.

§47-25-8. Inspection.

§47-25-9. Reduced Cigarette Ignition Propensity Standard and Fire Prevention Act Fund.

§47-25-10. Sales outside of West Virginia.

§47-25-11. Preemption.

§47-25-12. Local regulation.

§47-25-13. Effective date.

CHAPTER 47, ARTICLE 26. PAWNBROKERS.

§47-26-1. Definitions.

§47-26-2. Purchase and Pawn Transaction Records.

§47-26-3. Penalties; pawnbroker.

§47-26-4. County and municipal regulation of pawnbrokers.

CHAPTER 47, ARTICLE 27. COURT REPORTER SERVICES.

§47-27-1. Fair trade standards for use of court reporter services.

§47-27-2. Prohibited conduct.

§47-27-3. Disclosure and limitations on practices.

§47-27-4. Penalties for violations; civil actions; and damages.

CHAPTER 47, ARTICLE 28. PREVENTION OF DECEPTIVE LAWSUIT ADVERTISING AND SOLICITATION PRACTICES REGARDING THE USE OF MEDICATIONS.

§47-28-1. Short title.

§47-28-2. Definitions.

§47-28-3. Deceptive legal advertising practices.

§47-28-4. Wrongful use or disclosure of protected health information for solicitation of legal services regarding the use of medications.

§47-28-5. Authority of judiciary or State Bar to regulate practice of law.

CHAPTER 47A. WEST VIRGINIA LENDING AND CREDIT RATE BOARD.

CHAPTER 47A, ARTICLE 1. LENDING AND CREDIT RATE BOARD.

§47A-1-1. Legislative findings; creation, membership, powers and duties of board; termination of board.

§47A-1-2. Board staff, offices, funding.

§47A-1-3. Report to and review by Legislature; validity of contracts; usury.

§47A-1-4. Applicability of the West Virginia Administrative Procedures Act; legislative and judicial review.

CHAPTER 47B. UNIFORM PARTNERSHIP ACT.

CHAPTER 47B, ARTICLE 1. GENERAL PROVISIONS.

§47B-1-1. Definitions.

§47B-1-2. Knowledge and notice.

§47B-1-3. Effect of partnership agreement; nonwaivable provisions.

§47B-1-4. Supplemental principles of law.

§47B-1-5. Execution, filing and recording of statements.

§47B-1-6. Law governing internal relations.

§47B-1-7. Partnership subject to amendment or repeal of chapter.

CHAPTER 47B, ARTICLE 2. NATURE OF PARTNERSHIP.

§47B-2-1. Partnership as entity.

§47B-2-2. Formation of partnership.

§47B-2-3. Partnership property.

§47B-2-4. When property is partnership property.

CHAPTER 47B, ARTICLE 3. RELATIONS OF PARTNERS TO PERSONS DEALING WITH PARTNERSHIP.

§47B-3-1. Partner agent of partnership.

§47B-3-2. Transfer of partnership property.

§47B-3-3. Statement of partnership authority.

§47B-3-4. Statement of denial.

§47B-3-5. Partnership liable for partner's actionable conduct.

§47B-3-6. Partner's liability.

§47B-3-7. Actions by and against partnership and partners.

§47B-3-8. Liability of purported partner.

CHAPTER 47B, ARTICLE 4. RELATIONS OF PARTNERS TO EACH OTHER AND TO PARTNERSHIP.

§47B-4-1. Partner's rights and duties.

§47B-4-2. Distributions in kind.

§47B-4-3. Partner's rights and duties with respect to information.

§47B-4-4. General standards of partner's conduct.

§47B-4-5. Actions by partnership and partners.

§47B-4-6. Continuation of partnership beyond definite term or particular undertaking.

CHAPTER 47B, ARTICLE 5. TRANSFEREES AND CREDITORS OF PARTNER.

§47B-5-1. Partner not coowner of partnership property.

§47B-5-2. Partner's transferable interest in partnership.

§47B-5-3. Transfer of partner's transferable interest.

§47B-5-4. Partner's transferable interest subject to charging order.

CHAPTER 47B, ARTICLE 6. PARTNER'S DISSOCIATION.

§47B-6-1. Events causing partner's dissociation.

§47B-6-2. Partner's power to dissociate; wrongful dissociation.

§47B-6-3. Effect of partner's dissociation.

CHAPTER 47B, ARTICLE 7. PARTNER'S DISSOCIATION WHEN BUSINESS NOT WOUND UP.

§47B-7-1. Purchase of dissociated partner's interest.

§47B-7-2. Dissociated partner's power to bind and liability to partnership.

§47B-7-3. Dissociated partner's liability to other persons.

§47B-7-4. Statement of dissociation.

§47B-7-5. Continued use of partnership name.

CHAPTER 47B, ARTICLE 8. WINDING UP PARTNERSHIP BUSINESS.

§47B-8-1. Events causing dissolution and winding up of partnership business.

§47B-8-2. Partnership continued after dissolution.

§47B-8-3. Right to wind up partnership business.

§47B-8-4. Partner's power to bind partnership after dissolution.

§47B-8-5. Statement of dissolution.

§47B-8-6. Partner's liability to other partners after dissolution.

§47B-8-7. Settlement of accounts and contributions among partners.

CHAPTER 47B, ARTICLE 9. CONVERSIONS AND MERGERS.

§47B-9-1. Definitions.

§47B-9-2. Conversion of partnership to limited partnership.

§47B-9-3. Conversion of limited partnership to partnership.

§47B-9-4. Effect of conversion; entity unchanged.

§47B-9-5. Merger of partnerships.

§47B-9-6. Effect of merger.

§47B-9-7. Statement of merger.

§47B-9-8. Nonexclusive.

CHAPTER 47B, ARTICLE 10. LIMITED LIABILITY PARTNERSHIPS.

§47B-10-1. Registered limited liability partnerships.

§47B-10-2. Effect of registration; entity unchanged.

§47B-10-3. Name of registered limited liability partnership.

§47B-10-4. Applicability of article to foreign and interstate commerce.

§47B-10-5. Insurance or financial responsibility of registered limited liability partnerships.

CHAPTER 47B, ARTICLE 11. MISCELLANEOUS PROVISIONS.

§47B-11-1. Uniformity of application and construction.

§47B-11-2. Short title.

§47B-11-3. Severability clause.

§47B-11-4. Applicability.

§47B-11-5. Savings clause.

CHAPTER 48. DOMESTIC RELATIONS.

CHAPTER 48, ARTICLE 1. GENERAL PROVISIONS; DEFINITIONS.

§48-1-101. Short title; intent of recodification.

§48-1-102. Legislative intent; continuation of existing statutory provisions.

§48-1-103. Operative date of enactment; effect on existing law.

§48-1-104. West Virginia code replacement.

§48-1-201. Applicability of definitions.

§48-1-202. Adjusted gross income defined.

§48-1-203. Antenuptial or prenuptial agreement defined.

§48-1-204. Arrearages or past due support defined.

§48-1-205. Attributed income defined.

§48-1-206. Automatic data processing and retrieval system defined.

§48-1-207. Basic child support obligation defined.

§48-1-208. Bureau for child support enforcement defined.

§48-1-209. Bureau for child support enforcement attorney defined.

§48-1-210. Caretaker and caretaking functions defined.

§48-1-211. Chief judge defined.

§48-1-212. Clergy defined.

§48-1-213. Combined adjusted gross income defined.

§48-1-214. Commissioner defined.

§48-1-215. Contingent fee agreement defined.

§48-1-216. Court defined.

§48-1-217. Court of competent jurisdiction defined.

§48-1-218. Custodial parent defined.

§48-1-219. Custodial responsibility defined.

§48-1-220. Decision-making responsibility defined.

§48-1-221. Divorce defined.

§48-1-222. Domestic relations action defined.

§48-1-223. Earnings defined.

§48-1-224. Employer defined.

§48-1-225. Extraordinary medical expenses defined.

§48-1-226. Family court judge defined.

§48-1-227. Final divorce or final annulment order defined.

§48-1-228. Gross income defined.

§48-1-229. Guardian of the property of a child defined.

§48-1-230. Income defined.

§48-1-231. Individual entitled to support enforcement services under the provisions of this chapter and the provisions of Title IV-D of the federal Social Security Act defined.

§48-1-232. Legal parent defined.

§48-1-233. Marital property defined.

§48-1-233.1. Mediation defined.

§48-1-233.2. Mediator defined.

§48-1-233.3 Repealed Acts, 2017 Reg. Sess., Ch.

§48-1-233.4 Repealed Acts, 2017 Reg. Sess., Ch. 66.

§48-1-234. Obligee defined.

§48-1-235. Obligor defined.

§48-1-235.1. Parent defined.

§48-1-235.2. Parenting functions defined.

§48-1-235.3. Parenting plan defined.

§48-1-235.4. Permanent parenting plan defined.

§48-1-235.5. Rehabilitative spousal support defined.

§48-1-236. Secretary defined.

§48-1-237. Separate property defined.

§48-1-238. Separation defined.

§48-1-239. Shared parenting defined.

§48-1-239a. Shared legal custody defined.

§48-1-239b. Sole legal custody defined.

§48-1-240. Source of income defined.

§48-1-241. Split physical custody defined.

§48-1-241a. Shared physical custody defined.

§48-1-241b. Sole physical custody defined.

§48-1-242. Spousal support defined.

§48-1-243. Spousal support in gross defined.

§48-1-244. Support defined.

§48-1-245. Support order defined.

§48-1-246. Unreimbursed health care expenses defined.

§48-1-247. Work-related child care costs defined.

§48-1-301. Communications between clergy and party.

§48-1-302. Calculation of interest.

§48-1-303. Confidentiality of domestic relations court files.

§48-1-304. Proceedings in contempt.

§48-1-305. Suit money, counsel fees and costs.

§48-1-306. Proceeding for release of support lien.

§48-1-307. Collection of child or spousal support by collection agencies.

CHAPTER 48, ARTICLE 1A. UNIFORM PREMARITAL AGREEMENT ACT.

§48-1A-101. Definitions.

§48-1A-201. Formalities.

§48-1A-301. Content.

§48-1A-401. Effect of marriage.

§48-1A-501. Amendment; revocation.

§48-1A-601. Enforcement.

§48-1A-701. Unenforceable terms.

§48-1A-801. Enforcement; void marriage.

§48-1A-901. Limitation of actions.

§48-1A-1001. Application; construction; and effective date.

§48-1A-1101. Short title.

CHAPTER 48, ARTICLE 2. MARRIAGES.

§48-2-101. Necessity of marriage license.

§48-2-102. Where an application for a marriage license may be made; when an application may be received and a license issued; application by mail.

§48-2-103. Waiting period before issuance of marriage license; issuance of license in case of emergency or extraordinary circumstances.

§48-2-104. Contents of the application for a marriage license.

§48-2-105. Execution of the application for a marriage license.

§48-2-106. Proof of age.

§48-2-107. Recording an application for a marriage license.

§48-2-201. Form of marriage license.

§48-2-202. Endorsement and return of licenses by persons solemnizing marriage; duties of clerk pertaining thereto.

§48-2-203. Register of marriages.

§48-2-204. Record of marriage celebrated outside of state.

§48-2-301. Age of consent for marriage; exception.

§48-2-302. Prohibition against marriage of persons related within certain degrees.

§48-2-303. Prohibition against marriage not to include persons related by adoption.

§48-2-401. Persons authorized to perform marriages.

§48-2-402. Qualifications of religious representative for celebrating marriages; registry of persons authorized to perform marriage ceremonies; special revenue fund.

§48-2-403. Ritual for ceremony of marriage by a religious representative.

§48-2-404. Ritual for ceremony of marriage by a judge or justice.

§48-2-405. Record of marriage to be kept by person officiating.

§48-2-406. Federal judges authorized to perform marriages.

§48-2-501. Unlawful acts by clerk of the county commission; penalties.

§48-2-502. Issuing marriage license contrary to law; penalty.

§48-2-503. Consanguineous marriage; penalty.

§48-2-504. Failure to endorse and return license; penalties.

§48-2-505. Unlawful solicitation of a celebration of marriage.

§48-2-601. Belief of parties in lawful marriage validates certain defects.

§48-2-602. Marriage out of state to evade law.

§48-2-603. Certain acts, records, and proceedings not to be given effect in this state.

§48-2-604. Repealed. Acts, 2013 Reg. Sess., Ch. 29.

§48-2-701. Premarital education encouraged; requirements.

§48-2-702. Marriage education fund.

CHAPTER 48, ARTICLE 3. PROPERTY, RIGHTS AND LIABILITIES OF MARRIED WOMEN; HUSBAND AND WIFE.

§48-3-101. Right to sue to annul or affirm marriage.

§48-3-102. Venue of actions for annulment or affirmation.

§48-3-103. Voidable marriages.

§48-3-104. Affirmation or annulment of marriage.

§48-3-105. What persons may not institute annulment action.

§48-3-106. Relief ordered in annulment.

§48-3-107. Modification of order granting annulment.

CHAPTER 48, ARTICLE 4. SEPARATE MAINTENANCE.

§48-4-101. Where an action for separate maintenance may be brought.

§48-4-102. Grounds for separate maintenance.

§48-4-103. Award of relief in action for separate maintenance.

§48-4-104. Modification of order awarding separate maintenance.

CHAPTER 48, ARTICLE 5. DIVORCE.

§48-5-101. Absolute divorce.

§48-5-102. Subject matter jurisdiction.

§48-5-103. Jurisdiction of parties; service of process.

§48-5-104. Retention of jurisdiction when divorce is denied.

§48-5-105. Residency requirements for maintaining an action for divorce.

§48-5-106. Venue of actions for divorce.

§48-5-107. Parties to a divorce action.

§48-5-201. Grounds for divorce; irreconcilable differences.

§48-5-202. Grounds for divorce; voluntary separation.

§48-5-203. Grounds for divorce; cruel or inhuman treatment.

§48-5-204. Grounds for divorce; adultery.

§48-5-205. Grounds for divorce; conviction of crime.

§48-5-206. Grounds for divorce; permanent and incurable insanity.

§48-5-207. Grounds for divorce; habitual drunkenness or drug addiction.

§48-5-208. Grounds for divorce; desertion.

§48-5-209. Grounds for divorce; abuse or neglect of a child.

§48-5-301. When a divorce not to be granted.

§48-5-401. Verification of pleadings.

§48-5-402. Petition for divorce.

§48-5-403. Answer to petition.

§48-5-404. Advance filing of divorce petition in actions alleging abandonment or voluntary separation.

§48-5-405. Amendments to pleadings.

§48-5-501. Relief that may be included in temporary order of divorce.

§48-5-502. Temporary spousal support.

§48-5-503. Temporary parenting order; child support.

§48-5-504. Attorney's fees and court costs.

§48-5-505. Costs of health care and hospitalization.

§48-5-506. Use and occupancy of the marital home.

§48-5-507. Use and possession of motor vehicles.

§48-5-508. Preservation of the properties of the parties.

§48-5-509. Enjoining abuse, emergency protective order.

§48-5-510. Consideration of financial factors in ordering temporary relief.

§48-5-511. Disclosure of assets.

§48-5-512. Ex parte orders granting temporary relief.

§48-5-513. Granting of ex parte relief.

§48-5-514. Temporary order not subject to appeal or review.

§48-5-601. Relief that may be included in final order of divorce.

§48-5-602. Court may require payment of spousal support.

§48-5-603. Relief regarding minor child or children.

§48-5-604. Use and occupancy of marital home.

§48-5-605. Use and possession of motor vehicles.

§48-5-606. Relief regarding costs of health care and hospitalization.

§48-5-607. Court may order transfer of accounts for recurring expenses.

§48-5-608. Injunctive relief or protective orders.

§48-5-609. Court may restore to either party his or her property.

§48-5-610. Court may order just and equitable distribution of property.

§48-5-611. Suit money, counsel fees and costs.

§48-5-612. Court may order a party to deliver separate property.

§48-5-613. Former name of party; restoration.

§48-5-701. Revision of order concerning spousal support.

§48-5-702. Revision of order enjoining abuse.

§48-5-703. Revision of order allocating custodial responsibility and decision-making responsibility.

§48-5-704. Revision of order establishing child support.

§48-5-705. Bureau for child support enforcement may seek revision of order establishing child support.

§48-5-706. Revision of order concerning distribution of marital property.

§48-5-707. Reduction or termination of spousal support because of de facto marriage.

CHAPTER 48, ARTICLE 5A. COLLABORATIVE FAMILY LAW PROCEEDINGS.

§48-5A-101. Legislative findings.

§48-5A-102. Collaborative law generally; requesting the Supreme Court to study collaborative law procedures for possible implementation in this state.

CHAPTER 48, ARTICLE 6. APPENDICES.

§48-6-101. Property settlement or separation agreement defined.

§48-6-201. Effect of separation agreement.

§48-6-202. Agreement for spousal support beyond the death of the payor.

§48-6-203. Agreement for spousal support beyond the remarriage of the payee.

§48-6-301. Factors considered in awarding spousal support and separate maintenance.

CHAPTER 48, ARTICLE 7. EQUITABLE DISTRIBUTION OF PROPERTY.

§48-7-101. Equal division of marital property.

§48-7-102. Division of marital property in accordance with a separation agreement.

§48-7-103. Division of marital property without a valid agreement.

§48-7-104. Determination of worth of marital property.

§48-7-105. Transfers of property to achieve equitable distribution of marital property.

§48-7-106. Findings; rationale for division of property.

§48-7-107. Refusal to transfer property; appointment of special commissioner.

§48-7-108. Interest or title in property prior to judicial determination.

§48-7-109. Tax consequences of transfer of interest or title.

§48-7-110. Requiring sums to be paid out of disposable retired or retainer pay.

§48-7-111. No equitable distribution of property between individuals not married to one another.

§48-7-112. Prospective effect of prior amendments.

§48-7-201. Required disclosure and updates.

§48-7-202. Assets that are required to be disclosed.

§48-7-203. Forms for disclosure of assets.

§48-7-204. Discovery under rules; optional disclosure of tax returns.

§48-7-205. Confidentiality of disclosed information.

§48-7-206. Failure to disclose required financial information.

§48-7-301. Injunction to prevent removal or disposition of property.

§48-7-302. Notice of hearing for injunction; temporary injunction.

§48-7-303. Applicability of injunction procedures to sale of goods or disposition of major business assets.

§48-7-304. Setting aside encumbrance or disposition of property to third persons.

§48-7-401. Lis pendens.

§48-7-402. Notice of lis pendens.

§48-7-501. Retroactive effect of amendments.

CHAPTER 48, ARTICLE 8. SPOUSAL SUPPORT.

§48-8-101. General provisions regarding spousal support.

§48-8-102. Jurisdiction to award spousal support.

§48-8-103. Payment of spousal support.

§48-8-104. Effect of fault or misconduct on award of spousal support.

§48-8-105. Rehabilitative spousal support.

§48-8-106. Payments out of disposable retired or retainer pay.

CHAPTER 48, ARTICLE 9. ALLOCATION OF CUSTODIAL RESPONSIBILITY AND DECISION-MAKING RESPONSIBILITY OF CHILDREN.

§48-9-101. Scope of article; legislative findings and declarations.

§48-9-102. Objectives; best interests of the child.

§48-9-102a Presumption in favor of equal (50-50) custodial allocation.

§48-9-103. Parties to an action under this article.

§48-9-104. Parent education classes.

§48-9-105. Venue for custodial allocation actions independent of divorce.

§48-9-201. Parenting agreements.

§48-9-202. Court-ordered services.

§48-9-203. Proposed temporary parenting plan; temporary order; amendment.

§48-9-204. Criteria for temporary parenting plan.

§48-9-205. Permanent parenting plan.

§48-9-206. Allocation of custodial responsibility at final hearing.

§48-9-207. Allocation of significant decision-making responsibility at temporary or final hearing.

§48-9-208. Parental dispute resolution.

§48-9-209. Parenting plan; considerations.

§48-9-209a. Child conceived as result of sexual assault or sexual abuse by a parent; rights of a biological parent convicted of sexual assault or abuse; post-conviction cohabitation; rebuttable presumption upon separation or divorce.

§48-9-301. Court-ordered investigation.

§48-9-301a. Child abuse allegations.

§48-9-302. Appointment of guardian.

§48-9-303. Interview of the child by the court.

§48-9-401. Modification upon showing of changed circumstances or harm.

§48-9-402. Modification without showing of changed circumstances.

§48-9-403. Relocation of a parent.

§48-9-404 Repealed Acts, 2017 Reg. Sess., Ch. 66.

§48-9-501. Enforcement of parenting plans.

§48-9-601. Access to a child’s records.

§48-9-602. Designation of custody for the purpose of other state and federal statutes.

§48-9-603. Effect of enactment; operative dates.

§48-9-604. Parent education and mediation fund.

CHAPTER 48, ARTICLE 10. GRANDPARENT VISITATION.

§48-10-1. Repealed. Acts, 2000 Reg. Sess., Ch. 44.

§48-10-2. Repealed. Acts, 2000 Reg. Sess., Ch. 44.

§48-10-3. Repealed. Acts, 2000 Reg. Sess., Ch. 44.

§48-10-4. Repealed. Acts, 2000 Reg. Sess., Ch. 44.

§48-10-5. Repealed. Acts, 2000 Reg. Sess., Ch. 44.

§48-10-6. Repealed. Acts, 2000 Reg. Sess., Ch. 44.

§48-10-7. Repealed. Acts, 2000 Reg. Sess., Ch. 44.

§48-10-8. Repealed. Acts, 2000 Reg. Sess., Ch. 44.

§48-10-9. Repealed. Acts, 2000 Reg. Sess., Ch. 44.

§48-10-10. Repealed. Acts, 2000 Reg. Sess., Ch. 44.

§48-10-11. Repealed. Acts, 2000 Reg. Sess., Ch. 44.

§48-10-12. Repealed. Acts, 2000 Reg. Sess., Ch. 44.

§48-10-13. Repealed. Acts, 2000 Reg. Sess., Ch. 44.

§48-10-14. Repealed. Acts, 2000 Reg. Sess., Ch. 44.

§48-10-15. Repealed. Acts, 2000 Reg. Sess., Ch. 44.

§48-10-16. Repealed. Acts, 2000 Reg. Sess., Ch. 44.

§48-10-17. Repealed. Acts, 2000 Reg. Sess., Ch. 44.

§48-10-18. Repealed. Acts, 2000 Reg. Sess., Ch. 44.

§48-10-19. Repealed. Acts, 2000 Reg. Sess., Ch. 44.

§48-10-20. Repealed. Acts, 2000 Reg. Sess., Ch. 44.

§48-10-21. Repealed. Acts, 2000 Reg. Sess., Ch. 44.

§48-10-22. Repealed. Acts, 2000 Reg. Sess., Ch. 44.

§48-10-23. Repealed. Acts, 2000 Reg. Sess., Ch. 44.

§48-10-24. Repealed. Acts, 2000 Reg. Sess., Ch. 44.

§48-10-25. Repealed. Acts, 2000 Reg. Sess., Ch. 44.

§48-10-26. Repealed. Acts, 2000 Reg. Sess., Ch. 44.

§48-10-101. Legislative findings.

§48-10-102. Legislative intent.

§48-10-201. Applicability of definitions.

§48-10-202. Child defined.

§48-10-203. Grandparent defined.

§48-10-301. Persons who may apply for grandparent visitation; venue.

§48-10-401. Motion for grandparent visitation when action for divorce, custody, legal separation, annulment or establishment of paternity is pending.

§48-10-402. Petition for grandparent visitation when action for divorce, custody, legal separation, annulment or establishment of paternity is not pending.

§48-10-403. Appointment of guardian ad litem for the child.

§48-10-501. Necessary findings for grant of reasonable visitation to a grandparent.

§48-10-502. Factors to be considered in making a determination as to a grant of visitation to a grandparent.

§48-10-601. Interview of child in chambers.

§48-10-602. Prohibitions on use of child's written or recorded statement or affidavit; child not to be called as a witness.

§48-10-701. Proof required when action is pending for divorce, custody, legal separation, annulment or establishment of paternity.

§48-10-702. Proof required when action is not pending for divorce, custody, legal separation, annulment or establishment of paternity.

§48-10-801. Order granting or refusing grandparent visitation must state findings of fact and conclusions of law.

§48-10-802. Grandparent visitation orders.

§48-10-803. Supervised visitation; conditions on visitation.

§48-10-901. Effect of remarriage of the custodial parent.

§48-10-902. Effect of adoption of the child.

§48-10-1001. Continuing jurisdiction of circuit court or family court.

§48-10-1002. Termination of grandparent visitation.

§48-10-1101. Attorney's fees; reasonable costs.

§48-10-1201. Misdemeanor offense for allowing contact between child and person who has been precluded visitation rights; penalties.

CHAPTER 48, ARTICLE 11. SUPPORT OF CHILDREN.

§48-11-101. General provisions relating to child support.

§48-11-102. Required information in support orders.

§48-11-103. Child support beyond age eighteen.

§48-11-104. Payments out of disposable retired or retainer pay.

§48-11-105. Modification of child support order.

§48-11-106. Expedited process for modification.

§48-11-106a. Modification of support order with the assistance of Bureau for Child Support Enforcement.

§48-11-107. Modification resulting in reduction and overpayment of support.

§48-11-108. Modification of support based on military service.

§48-11-401. Modification upon showing of changed circumstances or harm.

§48-11-402. Modification without showing of changed circumstances.

§48-11-403. Relocation of a parent.

CHAPTER 48, ARTICLE 12. MEDICAL SUPPORT.

§48-12-101. Definitions applicable to medical support enforcement.

§48-12-102. Court-ordered medical support.

§48-12-103. Cost of medical support considered in applying support guidelines.

§48-12-104. Use of national medical support notice; employer to enroll child and withhold premium.

§48-12-105. Employer's obligation to transfer notice to appropriate plan.

§48-12-106. Notice requirements for certain newly-hired employees.

§48-12-107. Notice requirement upon termination of parent.

§48-12-108. Certain liabilities of parent for contributions under the plan subject to enforcement; exceptions.

§48-12-109. Custodial parent to receive coverage information, documents.

§48-12-110. Employer, union to notify IV-D agency within forty days of receipt of notice.

§48-12-111. Employer's duties upon service of national medical support notice; notice from another state.

§48-12-112. Employer's duties where court-ordered coverage available.

§48-12-113. Signature of custodian of child is valid authorization to insurer; insurer's obligations.

§48-12-114. Notice to be transferred on parent's change of employment.

§48-12-115. Insurer to notify custodian when obligated parent's employment is terminated or coverage is denied, modified or terminated; explanation of conversion privileges; employer to notify bureau of termination.

§48-12-116. Child is eligible for coverage until emancipated; remedies available if obligated parent fails to provide ordered coverage; failure to maintain coverage is basis for modification of support order.

§48-12-117. Mandatory date for use of the national medical support notice.

§48-12-118. Failure of employer to comply with medical insurance coverage; penalties.

CHAPTER 48, ARTICLE 13. GUIDELINES FOR CHILD SUPPORT AWARDS.

§48-13-101. Guidelines to ensure uniformity and increase predictability; presumption of correctness.

§48-13-102. Right of children to share in parents' level of living.

§48-13-103. Financial contributions of both parents to be considered.

§48-13-201. Use of both parents' income in determining child support.

§48-13-202. Application of expenses and credits in determining child support.

§48-13-203. Amount determined by guidelines presumed to be correct.

§48-13-204. Use of worksheets.

§48-13-205. Present income as monthly amounts.

§48-13-301. Determining the basic child support obligation.

§48-13-302. Incomes below the table for determining basic child support obligations.

§48-13-303. Incomes above the table for determining basic child support obligations.

§48-13-401. Basic child support obligation in basic shared parenting.

§48-13-402. Division of basic child support obligation in basic shared parenting.

§48-13-403. Worksheet for calculating basic child support obligation in basic shared parenting cases.

§48-13-404. Additional calculation to be made in basic shared parenting cases.

§48-13-501. Extended shared parenting adjustment.

§48-13-502. Extended shared parenting worksheet.

§48-13-503. Split physical custody adjustment.

§48-13-601. Adjustment for child care tax credit.

§48-13-602. Adjustment for child health care.

§48-13-603. Adjustment for obligor's social security benefits sent directly to the child; receipt by child of supplemental security income.

§48-13-701. Rebuttable presumption that child support award is correct.

§48-13-702. Disregard of formula.

§48-13-703. Restructuring of payments upon release of inmate.

§48-13-801. Tax exemption for child due support.

§48-13-802. Investment of child support.

§48-13-803. Reimbursement or arrearage only support.

§48-13-804. Default orders.

§48-13-901. Repealed. Acts, 2002 Reg. Sess., Ch. 18.

§48-13-902. Repealed. Acts, 2002 Reg. Sess., Ch. 18.

CHAPTER 48, ARTICLE 14. REMEDIES FOR THE ENFORCEMENT OF SUPPORT OBLIGATIONS.

§48-14-101. When action may be brought for child support order.

§48-14-102. Who may bring action for child support order.

§48-14-103. Venue for action for child support order.

§48-14-104. Obligee may seek spousal support in addition to child support.

§48-14-105. Mandatory provision for wage withholding.

§48-14-106.Modification of support order.

§48-14-107. Modification of support order with the assistance of Bureau for Child Support Enforcement.

§48-14-108. Deceased parties in support cases.

§48-14-201. Arrearages stand by operation of law as judgment against support obligor.

§48-14-202. Registration of foreign order.

§48-14-203. Affidavit of accrued support.

§48-14-204. Execution and notice.

§48-14-205. Circuit clerk to provide form affidavits.

§48-14-206. Priority over other legal process.

§48-14-207. Amount to be withheld from income.

§48-14-208. Filing of false affidavit constitutes false swearing.

§48-14-209. Application to support orders of another state.

§48-14-210. Application to income withholding.

§48-14-211. Release of lien.

§48-14-301. Liens against real property by operation of law.

§48-14-302. Affidavit of accrued support.

§48-14-303. Registration of foreign order.

§48-14-304. Full faith and credit to liens arising in another state.

§48-14-305. Release of lien.

§48-14-306. Filing of false affidavit constitutes false swearing.

§48-14-307. Application to support orders of another state.

§48-14-308. Enforcement by the Bureau for Child Support enforcement of lien on real property.

§48-14-401. Support orders to provide for withholding from income.

§48-14-402. Commencement of withholding from income without further court action.

§48-14-403. Exception to requirement for automatic withholding from income.

§48-14-404. Enforcement of withholding by Bureau for Child Support Enforcement.

§48-14-405. Information required in notice to obligor.

§48-14-406. Notice to source of income; withholding in compliance with order.

§48-14-407. Contents of notice to source of income.

§48-14-408. Determination of amounts to be withheld.

§48-14-409. Time for implementing withholding.

§48-14-410. Sending amounts withheld to bureau; notice.

§48-14-411. Time withholding is to stay in effect.

§48-14-412. Notice of termination of employment or receipt of income.

§48-14-413. Combining withheld amounts.

§48-14-414. Sending amounts withheld to division; notice.

§48-14-415. Misdemeanor offense of concealing payment of income to obligor; penalty.

§48-14-416. Request to source of income for information regarding payment of income.

§48-14-417. Priority of support collection over other legal process.

§48-14-418. Misdemeanor offense for source of income's action against an obligor; penalty.

§48-14-419. Repealed. Acts, 2005 Reg. Sess., Ch. 39.

§48-14-501. Commencement of contempt action.

§48-14-502. Willful failure or refusal to comply with order to pay support.

§48-14-503. Limitation on length of commitment.

§48-14-504. Violation of work release conditions.

§48-14-505. Misdemeanor offense of escape from custody; penalty.

§48-14-601. Definitions.

§48-14-602. Use of automated administrative enforcement.

§48-14-603. Enforcing support orders through automated administrative enforcement.

§48-14-701. Posting of bonds or giving security to guarantee payment of overdue support.

§48-14-801. When monthly payments may be increased to satisfy overdue support.

§48-14-802. Notice of increase in monthly payments to satisfy overdue support.

§48-14-803. Application to support orders of courts of competent jurisdiction.

§48-14-901. Procedure when person contests action proposed to be taken against him

§48-14-1001. Misrepresentation of delinquent support payments; penalty.

CHAPTER 48, ARTICLE 15. ENFORCEMENT OF SUPPORT ORDER THROUGH ACTION AGAINST LICENSE.

§48-15-101. Applicability of definitions.

§48-15-102. Action against a license defined.

§48-15-103. Application defined.

§48-15-104. License defined.

§48-15-201. Licenses subject to action.

§48-15-202. Persons subject to notice of action against license.

§48-15-203. Exhaustion of other statutory enforcement methods.

§48-15-204. Service of notice of action against a license.

§48-15-205. Form of notice of action against a license.

§48-15-206. Notice of consequences of failure to comply.

§48-15-207. Failure to act in response to notice; entry of order.

§48-15-208. Request and petition for hearing.

§48-15-209. Hearing on denial, nonrenewal, suspension or restriction of license.

§48-15-301. Copy of order provided to licensing authority.

§48-15-302. Denial, nonrenewal, suspension or restriction continues until further order or issuance of certificate of compliance.

§48-15-303. License applicant to certify information regarding child support obligation.

§48-15-304. Procedure where license to practice law may be subject to denial, suspension or restriction.

§48-15-401. Application of article.

§48-15-402. Effect of determination as to authority of federal government to require denials, suspensions or restrictions of licenses.

CHAPTER 48, ARTICLE 16. UNIFORM INTERSTATE FAMILY SUPPORT ACT.

§48-16-101. Short title.

§48-16-102. Definitions.

§48-16-103. State tribunal and support enforcement agency.

§48-16-104. Remedies cumulative.

§48-16-105. Application of article to resident of foreign country and foreign support proceeding.

§48-16-201. Bases for jurisdiction over nonresident.

§48-16-202. Duration of personal jurisdiction.

§48-16-203. Initiating and responding tribunal of state.

§48-16-204. Simultaneous proceedings.

§48-16-205. Continuing, exclusive jurisdiction to modify child support order.

§48-16-206. Continuing jurisdiction to enforce child support order.

§48-16-207. Determination of controlling child support order.

§48-16-208. Child support orders for two or more obligees.

§48-16-209. Credit for payments.

§48-16-210. Application of article to nonresident subject to personal jurisdiction.

§48-16-211. Continuing, exclusive jurisdiction to modify spousal support order.

§48-16-301. Proceeding under article.

§48-16-302. Proceeding by minor parent.

§48-16-303. Application of law of state.

§48-16-304. Duties of initiating tribunal.

§48-16-305. Duties and powers of responding tribunal.

§48-16-306. Inappropriate tribunal.

§48-16-307. Duties of support enforcement agency.

§48-16-308. Repealed. Acts, 2005 Reg. Sess., Ch. 39.

§48-16-309. Private counsel.

§48-16-310. Duties of state information agency.

§48-16-311. Pleadings and accompanying documents.

§48-16-312. Nondisclosure of information in exceptional circumstances.

§48-16-313. Costs and fees.

§48-16-314.Limited immunity of petitioner.

§48-16-315. Nonparentage as defense.

§48-16-316. Special rules of evidence and procedure.

§48-16-317. Communications between tribunals.

§48-16-318. Assistance with discovery.

§48-16-319. Receipt and disbursement of payments.

§48-16-401. PETITION TO ESTABLISH SUPPORT ORDER.

§48-16-402. Proceeding to determine parentage.

§48-16-501. Employer's receipt of income withholding order of another state.

§48-16-502. Employer's compliance with income withholding order of another state.

§48-16-503. Employer's compliance with two or more income withholding orders.

§48-16-504. Immunity from civil liability.

§48-16-505. Penalties for noncompliance.

§48-16-506. Contest by obligor.

§48-16-507. Administrative enforcement of orders.

§48-16-601. Registration of order for enforcement.

§48-16-602. Procedure to register order for enforcement.

§48-16-603. Effect of registration for enforcement.

§48-16-604. Choice of law.

§48-16-605. Notice of registration of order.

§48-16-606. Procedure to contest validity or enforcement of registered support order.

§48-16-607. Contest of registration or enforcement.

§48-16-608. Confirmed order.

§48-16-609. Procedure to register child support order of another state for modification.

§48-16-610. Effect of registration for modification.

§48-16-611. Modification of child support order of another state.

§48-16-612. Recognition of order modified in another state.

§48-16-613. Jurisdiction to modify child support order of another state when individual parties reside in this state.

§48-16-614. Notice to issuing tribunal of modification.

§48-16-615. Jurisdiction to modify child support order of foreign country.

§48-16-616. Procedure to register child support order of foreign country for modification.

§48-16-701. Definitions.

§48-16-702. Applicability.

§48-16-703. Relationship of Bureau for Child Support Enforcement to United States central authority.

§48-16-704. Initiation by Bureau for Child Support Enforcement proceeding under convention.

§48-16-705. Direct request.

§48-16-706. Registration of convention support order.

§48-16-707. Contest of registered convention support order.

§48-16-708. Recognition and enforcement of registered convention support order.

§48-16-709. Partial enforcement.

§48-16-710. Foreign support agreement.

§48-16-711. Modification of convention child support order.

§48-16-712. Personal information: limit on use.

§48-16-713. Record original language: English translation.

§48-16-801. Grounds for rendition.

§48-16-802. Conditions of rendition.

§48-16-901. Uniformity of application and construction.

§48-16-902. Transitional provision.

§48-16-903. Severability.

CHAPTER 48, ARTICLE 17. WEST VIRGINIA SUPPORT ENFORCEMENT COMMISSION.

§48-17-101. Creation of Support Enforcement Commission; number of members.

§48-17-102. Appointment of members of Support Enforcement Commission; qualifications and eligibility.

§48-17-103. Terms of commission members; conditions of membership.

§48-17-104. Oath.

§48-17-105. Commission chairman.

§48-17-106. Compensation of members; reimbursement for expenses.

§48-17-107. Meeting requirements.

§48-17-108. Removal of commission members.

§48-17-109. General duties of support enforcement commission.

§48-17-110. Repealed. Acts, 2003 Reg. Sess., Ch. 62.

§48-17-111. Repealed. Acts, 2003 Reg. Sess., Ch. 62.

CHAPTER 48, ARTICLE 18. BUREAU FOR CHILD SUPPORT ENFORCEMENT.

§48-18-101. Continuation of the bureau for child support enforcement.

§48-18-102. Appointment of commissioner; duties; compensation.

§48-18-103. Organization and employees.

§48-18-104. Supervisory responsibilities within the Bureau for Child Support enforcement.

§48-18-105. General duties and powers of the Bureau for Child Support enforcement.

§48-18-106. Notice to unemployed obligor.

§48-18-107. Creation of child support enforcement fund; purpose; funding; disbursements.

§48-18-108. Fees.

§48-18-109. Repealed. Acts, 2005 Reg. Sess., Ch. 39.

§48-18-110. Attorneys representing state.

§48-18-111. Establishment of parent locator service.

§48-18-112. Cooperation with other states in the enforcement of child support.

§48-18-113. Disbursements of amounts collected as support.

§48-18-114. Amounts collected as support to be disbursed to person having custody; procedure for redirecting disbursement of payments where physical custody transferred to a person other than the custodial parent.

§48-18-115. Payment of support to the Bureau for Child Support enforcement.

§48-18-116. Authorization for data processing and retrieval system.

§48-18-117. Obtaining support from federal tax refunds.

§48-18-118. Obtaining support from state income tax refunds.

§48-18-118a. Obtaining refunds of overpaid support from state income tax refunds.

§48-18-119. Obtaining support from unemployment compensation benefits.

§48-18-120. Statements of account.

§48-18-121. Providing information to consumer reporting agencies; requesting consumer credit reports for child support purposes.

§48-18-122. Central state case registry.

§48-18-123. Subpoenas.

§48-18-124. Liability for financial institutions providing financial records to the Bureau for Child Support enforcement; agreements for data match system; encumbrance or surrender of assets.

§48-18-125. Employment and income reporting.

§48-18-126. Review and adjustment of child support orders.

§48-18-127. Repealed. Acts, 2005 Reg. Sess., Ch. 39.

§48-18-128. Billing for fees and costs.

§48-18-129. Acceptance of federal purposes; compliance with federal requirements and standards.

§48-18-130. Publicizing child support enforcement services.

§48-18-131. Access to records, confidentiality.

§48-18-132. Access to information.

§48-18-133. Recording of social security numbers in certain family matters.

§48-18-134. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

§48-18-201. General Provisions related to requests for assistance, recalculation of support amounts, preparation of petition and proposed orders.

§48-18-202. Request for assistance by party.

§48-18-203. Bureau processing of request for assistance or recalculation.

§48-18-204. Request for meeting with the Bureau.

§48-18-205. Bureau action on request of recalculation and presentation of proposed order.

§48-18-206. Family court action on petition and proposed order prepared by Bureau for Child Support Enforcement.

CHAPTER 48, ARTICLE 19. BUREAU FOR CHILD SUPPORT ENFORCEMENT ATTORNEY.

§48-19-101. Purposes; how article to be construed.

§48-19-102. Appointment of Bureau for Child Support Enforcement attorneys.

§48-19-103. Duties of the bureau for support enforcement attorneys.

§48-19-104. Vacancies; interim Bureau for Child Support enforcement attorney.

§48-19-105. Compensation; expenses.

CHAPTER 48, ARTICLE 20. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT.

§48-20-101. Short title.

§48-20-102. Definitions.

§48-20-103. Proceedings governed by other law.

§48-20-104. Application to Indian tribes.

§48-20-105. International application of chapter.

§48-20-106. Effect of child custody determination.

§48-20-107. Priority.

§48-20-108. Notice to persons outside state.

§48-20-109. Appearance and limited immunity.

§48-20-110. Communication between courts.

§48-20-111. Taking testimony in another state.

§48-20-112. Cooperation between courts; preservation of records.

§48-20-201. Initial child custody jurisdiction.

§48-20-202. Exclusive, continuing jurisdiction.

§48-20-203. Jurisdiction to modify determination.

§48-20-204. Temporary emergency jurisdiction.

§48-20-205. Notice; opportunity to be heard; joinder.

§48-20-206. Simultaneous proceedings.

§48-20-207. Inconvenient forum.

§48-20-208. Jurisdiction declined by reason of conduct.

§48-20-209. Information to be submitted to court.

§48-20-210. Appearance of parties and child.

§48-20-301. Definitions.

§48-20-302. Enforcement under Hague convention.

§48-20-303. Duty to enforce.

§48-20-304. Temporary visitation.

§48-20-305. Registration of child custody determination.

§48-20-306. Enforcement of registered determination.

§48-20-307. Simultaneous proceedings.

§48-20-308. Expedited enforcement of child custody determination.

§48-20-309. Service of petition and order.

§48-20-310. Hearing and order.

§48-20-311. Warrant to take physical custody of child.

§48-20-312. Costs, fees and expenses.

§48-20-313. Recognition and enforcement.

§48-20-314. Appeals.

§48-20-315. Role of prosecutor or public official.

§48-20-316. Role of law enforcement.

§48-20-317. Costs and expenses.

§48-20-401. Application and construction.

§48-20-402. Severability clause.

§48-20-403. Effective date.

§48-20-404. Transitional provision.

CHAPTER 48, ARTICLE 21. RESERVED.

CHAPTER 48, ARTICLE 22. ADOPTION.

§48-22-101. Applicability of definitions.

§48-22-102. Abandonment defined.

§48-22-103. Adoptive parents, adoptive mother or adoptive father defined.

§48-22-104. Agency defined.

§48-22-105. Birth father defined.

§48-22-106. Birth mother defined.

§48-22-107. Birth parents defined.

§48-22-108. Consent defined.

§48-22-109. Determined father defined.

§48-22-110. Legal father defined.

§48-22-111. Marital child defined.

§48-22-112. Nonmarital child defined.

§48-22-113. Outsider father defined.

§48-22-114. Putative father defined.

§48-22-115. Relinquishment defined.

§48-22-116. Stepparent adoption defined.

§48-22-117. Unknown father defined.

§48-22-201. Persons who may petition for decree of adoption.

§48-22-301. Persons whose consent or relinquishment is required; exceptions.

§48-22-302. Timing and execution of consent or relinquishment.

§48-22-303. Content of consent or relinquishment.

§48-22-304. Consent or relinquishment by infants.

§48-22-305. Revocation of consent or relinquishment for adoption.

§48-22-306. Conduct presumptively constituting abandonment.

§48-22-401. Delivery of child for adoption; written recital of circumstances.

§48-22-501. Filing of petition for adoption.

§48-22-502. Petition and appendix.

§48-22-601. Who shall receive notice.

§48-22-602. How notice is to be served.

§48-22-603. Notice to an unknown father.

§48-22-701. Proceedings.

§48-22-702. Recordation of order; fees; disposition of records; names of adopting parents and persons previously entitled to parental rights not to be disclosed; disclosure of identifying and nonidentifying information; certificate for state registrar of vital statistics; birth certificate.

§48-22-703. Effect of order as to relations of parents and child and as to rights of inheritance; intestacy of adopted child.

§48-22-704. Finality of order; challenges to order of adoption.

§48-22-801. Adoption of adults.

§48-22-802. Contracts limiting or restraining adoptions.

§48-22-803. Repealed. Acts, 2011 Reg. Sess., Ch. 51.

§48-22-901. Recognition of foreign adoption decree.

§48-22-902. Filing of petition for recognition of foreign adoption decree.

§48-22-903. Proceedings for recognition of foreign adoption decree.

CHAPTER 48, ARTICLE 23. VOLUNTARY ADOPTION REGISTRY.

§48-23-101. Policy regarding persons obtaining identifying information after adoption.

§48-23-102. Legislative purpose.

§48-23-201. Applicability of definitions.

§48-23-202. Adoptee defined.

§48-23-203. Adoption defined.

§48-23-204. Adult defined.

§48-23-205. Agency defined.

§48-23-206. Genetic and social history defined.

§48-23-207. Health history defined.

§48-23-208. Mutual consent voluntary adoption registry or registry defined.

§48-23-209. Putative father defined.

§48-23-301. Division of human services to establish and maintain mutual consent voluntary adoption registry.

§48-23-401. Persons to whom use of the mutual consent voluntary adoption registry is available.

§48-23-402. Age limitations on use of the mutual consent voluntary adoption registry.

§48-23-403. Registration by a birth father.

§48-23-404. Registration by a birth parent who used an alias in terminating parental rights.

§48-23-501. Prerequisites to disclosure of identifying information.

§48-23-502. Counseling of registrants.

§48-23-503. Cases where disclosure of identifying information cannot occur.

§48-23-504. Matching and disclosure procedures.

§48-23-505. Retention of data by the registry.

§48-23-506. Scope of information obtained by the mutual consent voluntary adoption registry.

§48-23-507. Fees for operations of the mutual consent voluntary adoption registry.

§48-23-601. Compilation of nonidentifying information on health history and social and genetic history.

§48-23-701. Prohibited conduct.

§48-23-801. Nondisclosure.

CHAPTER 48, ARTICLE 24. ESTABLISHMENT OF PATERNITY.

§48-24-101. Paternity proceedings.

§48-24-102. Statute of limitations; prior statute of limitations not a bar to action under this article; effect of prior adjudication between husband and wife.

§48-24-103. Medical testing procedures to aid in the determination of paternity.

§48-24-104. Establishment of paternity and duty of support.

§48-24-105. Representation of parties.

§48-24-106. Establishing paternity by acknowledgment of natural father.

CHAPTER 48, ARTICLE 25. CHANGE OF NAME.

§48-25-101. Petition to circuit court or family court for change of name; contents thereof; notice of application.

§48-25-102. Objections to change of name.

§48-25-103. When court may or may not order change of name.

§48-25-104. Recordation of order changing name.

§48-25-105. When new name to be used.

§48-25-106. Unlawful change of name.

§48-25-107. Unlawful change of name by certain felons and registrants.

CHAPTER 48, ARTICLE 25A. MATERNAL MORTALITY REVIEW TEAM.

§48-25A-1. Repealed. Acts, 2013 Reg. Sess., Ch. 82.

§48-25A-2. Repealed. Acts, 2013 Reg. Sess., Ch. 82.

§48-25A-3. Repealed. Acts, 2013 Reg. Sess., Ch. 82.

CHAPTER 48, ARTICLE 26. DOMESTIC VIOLENCE ACT.

§48-26-101. Title.

§48-26-201. Applicability of definitions.

§48-26-202. Advocacy defined.

§48-26-203. Batterer Intervention and Prevention Program defined.

§48-26-204. Board defined.

§48-26-205. Closure defined.

§48-26-206. Department defined.

§48-26-207. Domestic Violence Legal Services Fund defined.

§48-26-208. Domestic violence program defined.

§48-26-209. Family Protection Fund defined.

§48-26-210. Intimate partner defined.

§48-26-211. Licenses defined.

§48-26-212. Monitored parenting and exchange defined.

§48-26-213. Outreach defined.

§48-26-214. Shelter defined.

§48-26-301. Family protection services board continued; terms.

§48-26-401. Powers and duties of board.

§48-26-402. Requirements, qualifications and terms of licensure; collaboration to assist programs.

§48-26-403. Legislative rules.

§48-26-404. Repealed. Acts, 2013 Reg. Sess., Ch. 81.

§48-26-405. Repealed. Acts, 2013 Reg. Sess., Ch. 81.

§48-26-406. Closure of programs.

§48-26-407. Domestic violence shelters not in violation of zoning rules and resolutions as to use.

§48-26-408. Hearing procedures; judicial review.

§48-26-501. Development of state public health plan for reducing domestic violence.

§48-26-502. Notice of victims' rights, remedies and available services; required information.

§48-26-503. Standards, procedures and curricula.

§48-26-601. Repealed. Acts, 2013 Reg. Sess., Ch. 81.

§48-26-602. Repealed. Acts, 2013 Reg. Sess., Ch. 81.

§48-26-603. Domestic Violence Legal Services Fund.

§48-26-604. Annual reports of licensed programs.

§48-26-701. Confidentiality.

§48-26-801. Continuing education for certain state employees.

§48-26-802. Continuing education for law-enforcement officers concerning domestic violence.

§48-26-803. Judicial education on domestic violence.

§48-26-804. Required curricula for public education system.

§48-26-805. Continuing education for school personnel who are required to report child abuse and neglect.

§48-26-901. Repealed. Acts, 2013 Reg. Sess., Ch. 81.

§48-26-902. Repealed. Acts, 2013 Reg. Sess., Ch. 81.

§48-26-1001. Court orders; use of monitored parenting and exchange programs without court order.

§48-26-1002. Exclusions.

§48-26-1003. Repealed. Acts, 2013 Reg. Sess., Ch. 81.

§48-26-1004. Contract by persons using program.

§48-26-1005. Repealed. Acts, 2013 Reg. Sess., Ch. 81.

§48-26-1006. Repealed. Acts, 2013 Reg. Sess., Ch. 81.

§48-26-1007. Repealed. Acts, 2013 Reg. Sess., Ch. 81.

§48-26-1101. Referral to shelters.

§48-26-1102. Repealed. Acts, 2010 Reg. Sess., Ch. 32.

CHAPTER 48, ARTICLE 27. PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE.

§48-27-101. Findings and purposes.

§48-27-201. Applicability of definitions.

§48-27-202. Domestic violence defined.

§48-27-203. Emergency hearing defined.

§48-27-204. Family or household members defined.

§48-27-205. Final hearing defined.

§48-27-206. Law-enforcement agency defined.

§48-27-207. Program for victims of domestic violence defined.

§48-27-208. Program of intervention for perpetrators defined.

§48-27-209. Protective order defined.

§48-27-301. Jurisdiction.

§48-27-302. Venue.

§48-27-303. Effect of petitioner leaving residence.

§48-27-304. Commencement of proceeding.

§48-27-305. Persons who may file petition.

§48-27-306. Counterclaim or affirmative defenses.

§48-27-307. Persons accompanying petitioner.

§48-27-308. Charges for fees and costs postponed.

§48-27-309. Priority of petitions.

§48-27-310. Full faith and credit.

§48-27-311. Service of process.

§48-27-312. Production of documents pursuant to a subpoena duces tecum.

§48-27-401. Interaction between domestic proceedings.

§48-27-402. Proceedings in magistrate court when temporary divorce, annulment, separate maintenance or custody order is in effect.

§48-27-403. Emergency protective orders of court; hearings; persons present.

§48-27-501. Issuance of protective order; modification of order.

§48-27-502. Mandatory provisions in protective order.

§48-27-503. Permissive provisions in protective order.

§48-27-504. Provisions in protective order for person witnessing or reporting domestic violence.

§48-27-505. Time period a protective order is in effect; extension of order; notice of order or extension.

§48-27-506. Effect of protective order on real and personal property.

§48-27-507. Mutual protective orders prohibited.

§48-27-508. Costs to be paid to family court fund.

§48-27-509. Conditions of visitation in cases involving domestic violence.

§48-27-510. Appeals.

§48-27-511. Purging of domestic violence files.

§48-27-601. Transmitting orders to domestic violence database; affidavit as to award of possession of real property; service of order on respondent.

§48-27-701. Service of pleadings and orders by law-enforcement officers.

§48-27-702. Law-enforcement officers to provide information, transportation and to report suspicions of animal cruelty.

§48-27-801. Reports of domestic violence to state police.

§48-27-802. Maintenance of registry by State Police.

§48-27-803. Repealed. Acts, 2010 Reg. Sess., Ch. 52.

§48-27-901. Civil contempt; violation of protective orders; order to show cause.

§48-27-902. Violations of protective orders; criminal complaints.

§48-27-903. Misdemeanor offenses for violation of protective order; repeat offenses; penalties.

§48-27-1001. Arrest for violations of protective orders.

§48-27-1002. Arrest in domestic violence matters; conditions.

§48-27-1003. Nonjudicial enforcement of order.

§48-27-1004. Immunity.

§48-27-1101. Rules of practice and procedure; forms to be provided; operative date.

§48-27-1102. Authorization for the promulgation of legislative rules.

§48-27-1103. Training of law-enforcement officers in domestic violence.

§48-27-1104. Judicial education on domestic violence.

§48-27-1105. Rule for time-keeping requirements.

CHAPTER 48, ARTICLE 27A. DOMESTIC VIOLENCE FATALITY REVIEW TEAM.

§48-27A-1. Repealed. Acts, 2013 Reg. Sess., Ch. 82.

§48-27A-2. Repealed. Acts, 2013 Reg. Sess., Ch. 82.

§48-27A-3. Repealed. Acts, 2013 Reg. Sess., Ch. 82.

CHAPTER 48, ARTICLE 28. UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT.

§48-28-1. Title.

§48-28-2. Definitions.

§48-28-3. Judicial enforcement of order.

§48-28-4. Nonjudicial enforcement of order.

§48-28-5. Registration of order.

§48-28-6. Immunity.

§48-28-7. Criminal offenses and penalties.

§48-28-8. Other remedies.

§48-28-9. Uniformity of application and construction.

§48-28-10. Transitional provision.

CHAPTER 48, ARTICLE 28A. ADDRESS CONFIDENTIALITY PROGRAM.

§48-28A-101. Purpose.

§48-28A-102. Definitions.

§48-28A-103. Address Confidentiality Program.

§48-28A-104. Cancellation.

§48-28A-105. Use of designated address.

§48-28A-106. Disclosure to law enforcement and state agencies.

§48-28A-107. Disclosure pursuant to court order or canceled certification.

§48-28A-108. Confidentiality.

§48-28A-109. Secretary of state; liability.

§48-28A-110. Rules.

CHAPTER 48, ARTICLE 28B. UNIFORM RECOGNITION AND ENFORCEMENT OF CANADIAN DOMESTIC VIOLENCE PROTECTIVE ORDERS ACT

§48-28B-1. Short Title

§48-28B-2. Definitions.

§48-28B-3. Enforcement of Canadian Domestic Violence Protective Order by Law Enforcement Officer.

§48-28B-4. Enforcement of Canadian Domestic Violence Protective Order by Court

§48-28B-5. Registration of a Canadian Domestic Violence Protective Order.

CHAPTER 48, ARTICLE 29. PROPERTY, RIGHTS AND LIABILITIES OF MARRIED WOMEN; HUSBAND AND WIFE.

§48-29-101. Emancipation from all disabilities under common law.

§48-29-102. Emancipation from all disabilities to contract.

§48-29-103. Emancipation from all disabilities as to personal or real property.

§48-29-104. Liability for married woman's torts.

§48-29-105. Emancipation from liability for torts or contracts of spouse.

§48-29-201. Burden of proof.

§48-29-202. Presumption of gift in certain transactions between husband and wife.

§48-29-301. Requirement of a writing for contract between husband and wife.

§48-29-302. Loss of consortium.

§48-29-303. Liability of husband and wife for purchases and services.

CHAPTER 48, ARTICLE 30. PROCEEDING BEFORE A FAMILY LAW MASTER.

§48-30-101. Hearings before a master.

§48-30-102. Hearing procedures.

§48-30-103. Acts or failures to act in the physical presence of family law masters.

§48-30-104. Family law master’s docket.

§48-30-201. Default orders; temporary orders.

§48-30-202. Recommended orders.

§48-30-203. Form of notice of recommended order.

§48-30-204. Orders to be entered by circuit court exclusively.

§48-30-301. Circuit court review of master’s action or recommended order.

§48-30-302. Procedure for review by circuit court.

§48-30-303. Form of petition for review.

§48-30-304. Answer in opposition to a petition for review.

§48-30-305. Circuit court review of family law master’s recommended order.

§48-30-401. County commissions required to furnish offices for the family law master.

§48-30-402. Budget of the family law master system.

§48-30-403. Family court fund.

§48-30-404. Continuation of family law masters system.

CHAPTER 48, ARTICLE 31. UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT.

§48-31-101. Short title.

§48-31-102. Definitions.

§48-31-103. Remedies for noncompliance.

§48-31-104. Jurisdiction.

§48-31-105. Notification required of deploying parent.

§48-31-106. Duty to notify of change of address.

§48-31-107. General consideration in custody proceeding of parent's military service.

§48-31-201. Form of agreement addressing custodial responsibility during deployment.

§48-31-202. Nature of authority created by agreement.

§48-31-203. Modification of agreement.

§48-31-204. Power of attorney.

§48-31-205. Filing agreement or power of attorney with court.

§48-31-301. Proceeding for temporary custody order.

§48-31-302. Expedited hearing.

§48-31-303. Testimony by electronic means.

§48-31-304. Effect of prior judicial order or agreement.

§48-31-305. Grant of caretaking or decision-making authority to nonparent.

§48-31-306. Grant of limited contact.

§48-31-307. Nature of authority created by temporary custody order.

§48-31-308. Content of temporary custody order.

§48-31-309. Order for child support.

§48-31-310. Modifying or terminating grant of custodial responsibility to nonparent.

§48-31-401. Procedure for terminating temporary grant of custodial responsibility established by agreement.

§48-31-402. Consent procedure for terminating temporary grant of custodial responsibility established by court order.

§48-31-403. Visitation before termination of temporary grant of custodial responsibility.

§48-31-404. Termination by operation of law of temporary grant of custodial responsibility established by court order.

§48-31-501. Uniformity of application and construction.

§48-31-502. Relation to Electronic Signatures in Global and National Commerce Act.

§48-31-503. Savings clause.

CHAPTER 49. CHILD WELFARE.

CHAPTER 49, ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.

§49-1-101. Short title; intent of recodification.

§49-1-102. Legislative Intent; continuation of existing statutory provisions; no increase in funding obligations.

§49-1-103. Operative date of enactment; effect on existing law.

§49-1-104. West Virginia Code replacement; no increase of funding obligations to be construed.

§49-1-105. Purpose.

§49-1-106. Location of child welfare services; state and federal cooperation; juvenile services.

§49-1-201. Definitions related, but not limited, to child abuse and neglect.

§49-1-202. Definitions related, but not limited, to adult, child, developmental disability, and transitioning adult status.

§49-1-203. Definitions related, but not limited to, licensing and approval of programs.

§49-1-204. Definitions related, but not limited, to custodians, legal guardians and family.

§49-1-205. Definitions related, but not limited, to developmental disabilities.

§49-1-206. Definitions related, but not limited to, child advocacy, care, residential, and treatment programs.

§49-1-207. Definitions related to court actions.

§49-1-208. Definitions related, but not limited, to state and local agencies.

§49-1-209. Definitions related, but not limited, to missing children.

CHAPTER 49, ARTICLE 2. STATE RESPONSIBILITIES FOR CHILDREN.

§49-2-101. Authorization and responsibility; Bureau for Social Services.

§49-2-102. Staffing Allocation for Child Protective Services Workers.

§49-2-103. Proceedings by the state department.

§49-2-104. Education of the public.

§49-2-105. Administrative and judicial review.

§49-2-106. Department responsibility for foster care homes.

§49-2-107. Foster-home care; minimum standards; certificate of operation; inspection.

§49-2-108. Visits and inspections; records.

§49-2-109. Placing children from other states in private homes of state.

§49-2-110. Development of standards of child care.

§49-2-110a Bureau of Social Service authority to hire and employ workers who are not social workers in geographical areas of critical shortage.

§49-2-111. Supervision of child welfare agencies by the department; records and reports.

§49-2-111a. Performance based contracting for child placing agencies.

§49-2-111b. Study of kinship foster care families.

§49-2-111c. Priorities for use of funds.

§49-2-112. Family homes; approval of incorporation by Secretary of State; approval of articles of incorporation.

§49-2-113. Residential child-care centers; licensure, certification, approval, and registration; requirements.

§49-2-114. Application for license or approval.

§49-2-115. Conditions of licensure, approval and registration.

§49-2-115a. Head Start program licenses.

§49-2-116. Investigative authority; evaluation; complaint.

§49-2-117. Revocation; provisional licensure and approval.

§49-2-118. Closing of facilities by the secretary; placement of children.

§49-2-119. Supervision; consultation; State Fire Marshall to cooperate.

§49-2-120. Penalties; injunctions; venue.

§49-2-121. Rule-making.

§49-2-122. Waivers and variances to rules.

§49-2-123. Annual reports; directory; licensing reports and recommendations.

§49-2-124. Certificate of need not required; conditions; review.

§49-2-125. Commission to Study Residential Placement of Children; findings; requirements; reports; recommendations.

§49-2-126. The Foster Child Bill of Rights.

§49-2-127. The Foster and Kinship Parent Bill of Rights.

§49-2-127a. Foster and kinship parent duties; foster parent and kinship parent agreements.

§49-2-128. Reasonable and prudent foster parent standard.

§49-2-129. Transitional living services, scattered-site living arrangements, and supervised group settings; eligibility criteria.

§49-2-130. Limitation of liability; mandatory errors and omissions insurance.

§49-2-201. Findings and purpose.

§49-2-202. When family preservation services required.

§49-2-203. Caseload limits for home-based preservation services.

§49-2-204. Situational criteria requiring service.

§49-2-205. Service delivery through service contracts; accountability.

§49-2-206. Special services to be provided.

§49-2-207. Development of home-based family preservation services.

§49-2-301. Findings and intent; advisory council.

§49-2-302. Creation of statewide quality rating system; rule-making; minimum requirements.

§49-2-303. Statewide quality improvement system; financial plan; staffing requirements; public awareness campaign; management information system; financial assistance for child care programs; program staff; child care consumers.

§49-2-304. Quality rating and improvement system pilot projects; independent third-party evaluation; modification of proposed rule and financial plan; report to Legislature; limitations on implementation.

§49-2-401. Continuation, transfer and renaming of trust fund; funding.

§49-2-501. Children to whom article applies; intent.

§49-2-502. Powers of the secretary.

§49-2-503. Report of birth of special health care needs child.

§49-2-504. Assistance by other agencies.

§49-2-505. Cost of treatment.

§49-2-601. Findings; intent.

§49-2-602. Family support services; responsibilities; funds; case management; outreach; differential fees.

§49-2-603. Eligibility; primary focus.

§49-2-604. Program administration; implementation; procedures; annual evaluation; coordination; plans; grievances; reports.

§49-2-605. Regional and state family support councils; membership; meetings; reimbursement of expenses.

§49-2-701. Caregiver consent for minor's health care; treatment.

§49-2-702. Duty of health care facility or practitioner.

§49-2-703. Affidavit of caregiver consent; requirements.

§49-2-704. Revocation and termination of consent; written notice; validity.

§49-2-705. Good faith reliance on affidavit; applicability.

§49-2-706. Exceptions to applicability.

§49-2-707. Penalty for false statement.

§49-2-708. Rule-making authority.

§49-2-801. Purpose.

§49-2-802. Establishment of child protective services; general duties and powers; administrative procedure; immunity from civil liability; cooperation of other state agencies.

§49-2-803. Persons mandated to report suspected abuse and neglect; requirements.

§49-2-804. Notification of disposition of reports.

§49-2-805. Educational programs; requirements.

§49-2-806. Mandatory reporting of suspected animal cruelty by child protective service workers.

§49-2-807. Mandatory reporting to medical examiner or coroner; postmortem investigation.

§49-2-808. Photographs and X rays.

§49-2-809. Reporting procedures.

§49-2-810. Immunity from liability.

§49-2-811. Abrogation of privileged communications; exception.

§49-2-812. Failure to report; penalty.

§49-2-813. Statistical index; reports.

§49-2-814. Task Force on Prevention of Sexual Abuse of Children.

§49-2-901. Policy; cooperation.

§49-2-902. Division of Juvenile Services; transfer of functions; juvenile placement.

§49-2-903. Powers and duties; comprehensive strategy; cooperation.

§49-2-904. Rules for specialized training for juvenile corrections officers and detention center employees.

§49-2-905. Juvenile detention and corrections facility personnel.

§49-2-906. Medical and other treatment of juveniles in custody of the division; consent; service providers; medical care; pregnant inmates; claims processing and administration by the department; authorization of cooperative agreements.

§49-2-907. Examination, diagnosis classification and treatment; period of custody.

§49-2-908. Educational services for juveniles placed in predispositional and postdispositional facilities; authorization; cooperation; rule-making.

§49-2-909. Arrest authority of juvenile correctional and detention officers.

§49-2-910. Juvenile trustee accounts and funds, earnings and personal property of juveniles; return of property; reports;

§49-2-911. Juvenile benefit funds; uses; reports.

§49-2-912. Youth reporting centers.

§49-2-913. Juvenile Justice Reform Oversight Committee.

§49-2-1001. Purpose; intent.

§49-2-1002. Responsibilities of the Department of Human Services and Division of Juvenile Services of the Department of Military Affairs and Public Safety; programs and services; rehabilitation; cooperative agreements.

§49-2-1003. Rehabilitative facilities for status offenders; requirements; educational instruction.

§49-2-1004. The Juvenile Services Reimbursement Offender Fund; use; expenditures.

§49-2-1005. Legal custody; law-enforcement agencies.

§49-2-1006. Reporting requirements; cataloguing of services.

CHAPTER 49, ARTICLE 3. SPECIALIZED ADVOCACY PROGRAMS.

§49-3-101. Child advocacy centers; services; requirements.

§49-3-102. Court appointed special advocate; operations.

CHAPTER 49, ARTICLE 4. COURT ACTIONS.

§49-4-101. Exercise of powers and jurisdiction by judge in vacation.

§49-4-102. Procedure for appealing decisions.

§49-4-103. Proceedings may not be evidence against child, or be published; adjudication is not a conviction and not a bar to civil service eligibility.

§49-4-104. General provisions relating to court orders regarding custody; rules.

§49-4-105. Hearing required to determine "reasonable efforts."

§49-4-106. Limitation on out-of-home placements.

§49-4-107. Penalties.

§49-4-108. Payment of services.

§49-4-109. Guardianship of estate of child unaffected.

§49-4-110. Foster care; quarterly status review; transitioning adults; annual permanency hearings.

§49-4-111. Criteria and procedure for temporary removal of child from foster home; foster care arrangement termination; notice of child's availability for placement; adoption; sibling placements; limitations.

§49-4-112. Subsidized adoption and legal guardianship; conditions.

§49-4-113. Duration of custody or guardianship of children committed to department.

§49-4-114. Consent by agency or department to adoption of child; statement of relinquishment by parent; counseling services; petition to terminate parental rights; notice; hearing; court orders.

§49-4-115. Emancipation.

§49-4-116. Voluntary placement; petition; requirements; attorney appointed; court hearing; orders.

§49-4-117. Information provided in certain adoptions.

§49-4-201. Accepting possession of certain relinquished children.

§49-4-202. Notification of possession of relinquished child; department responsibilities.

§49-4-203. Filing petition after accepting possession of relinquished child.

§49-4-204. Immunity from certain prosecutions.

§49-4-205. Adoption eligibility.

§49-4-206. Designation of local fire department as a safe-surrender site; posting requirement.

§49-4-301. Custody of a neglected child by law enforcement in emergency situations; protective custody; requirements; notices; petition for appointment of special guardian; discharge; immunity.

§49-4-302. Authorizing a family court judge to order custody of a child in emergency situations; requirements; orders; investigative reports; notification required.

§49-4-303. Emergency removal by department before filing of petition; conditions; referee; application for emergency custody; order.

§49-4-401. Purpose; system to be a complement to existing programs.

§49-4-402. Multidisciplinary investigative teams; establishment; membership; procedures; coordination among agencies; confidentiality.

§49-4-403. Multidisciplinary treatment planning process; coordination; access to information.

§49-4-404. Court review of service plan; hearing; required findings; order; team member's objections.

§49-4-405. Multidisciplinary treatment planning process involving child abuse and neglect; team membership; duties; reports; admissions.

§49-4-406. Multidisciplinary treatment process for status offenders or delinquents; requirements; custody; procedure; reports; cooperation; inadmissibility of certain statements.

§49-4-407. Team directors; records; case logs.

§49-4-408. Unified child and family case plans; treatment teams; programs; agency requirements.

§49-4-409. After-care plans; contents; written comments; contacts; objections; courts.

§49-4-410. Other agencies of government required to cooperate.

§49-4-411. Law enforcement; prosecution; interference with performance of duties.

§49-4-412. Exemption from multidisciplinary team review before emergency out-of-home placements.

§49-4-413. Individualized case planning.

§49-4-501. Prosecuting attorney representation of the Department of Human Services; conflict resolution.

§49-4-502. Prosecuting attorney to cooperate with persons other than the department in child abuse and neglect matters; duties.

§49-4-503. Prosecuting attorney to represent petitioner in juvenile cases.

§49-4-504. Prosecuting attorney duty to establish multidisciplinary investigative teams.

§49-4-601. Petition to court when child believed neglected or abused; venue; notice; right to counsel; continuing legal education; findings; proceedings; procedure.

§49-4-601a. Preference of child placement.

§49-4-601b. Substantiation by the department of abuse and neglect; file purging; expungement; exceptions.

§49-4-602. Petition to court when child believed neglected or abused; temporary care, custody, and control of child at different stages of proceeding; temporary care; orders; emergency removal; when reasonable efforts to preserve family are unnecessary.

§49-4-603. Medical and mental examinations; limitation of evidence; probable cause; testimony; judge or referee.

§49-4-604. Disposition of neglected or abused children; case plans; dispositions; factors to be considered; reunification; orders; alternative dispositions.

§49-4-605. When department efforts to terminate parental rights are required.

§49-4-606. Modification of dispositional orders; hearings; treatment team; unadopted children.

§49-4-607. Consensual termination of parental rights.

§49-4-608. Permanency hearing; frequency; transitional planning; out-of-state placement; findings; notice; permanent placement review.

§49-4-609. Conviction for offenses against children.

§49-4-610. Improvement periods in cases of child neglect or abuse; findings; orders; extensions; hearings; time limits.

§49-4-701. Juvenile jurisdiction of circuit courts, magistrate courts and municipal courts; Constitutional guarantees; requirements; hearings; right to counsel; opportunity to be heard; evidence and transcripts.

§49-4-702. Prepetition diversion to informal resolution; mandatory prepetition diversion program for status offenses and misdemeanor offenses; prepetition review team.

§49-4-702a. Noncustodial counseling or community services provided to a juvenile; prepetition counsel and advice.

§49-4-703. Juvenile drug courts; hearing officers.

§49-4-704. Institution of proceedings by petition; notice to juvenile and parents; preliminary hearings; subpoena.

§49-4-705. Taking a juvenile into custody; requirements; existing conditions; detention centers; medical aid.

§49-4-706. Detention hearing; rights of juvenile; notification; counsel; hearings.

§49-4-707. Review of order following detention hearing.

§49-4-708. Preliminary hearing; counsel; custody; court requirements; preadjudicatory community supervision period.

§49-4-709. Right to jury trial for juveniles; inapplicability.

§49-4-710. Waiver and transfer of jurisdiction.

§49-4-711. Adjudication for alleged status offenders and delinquents; mandatory initial disposition of status offenders.

§49-4-712. Intervention and services by the department pursuant to initial disposition for status offenders or juvenile found incompetent to stand trial; enforcement; further disposition; detention; out-of-home placement; department custody; least restrictive alternative; appeal; prohibiting placement of status offenders or a juvenile found incompetent to stand trial in a Bureau of Juvenile Services facility.

§49-4-713. Graduated penalties for juvenile alcohol consumption; fines; community service; revocation of driver's license.

§49-4-714. Disposition of juvenile delinquents; appeal.

§49-4-715. Authority of the courts to impose additional penalties; public service projects; ineligible to operate a motor vehicle; restitution.

§49-4-716. Teen court program; alternative; suitability; unsuccessful cooperation; requirements; fees.

§49-4-717. Sexting educational diversion program; requirements.

§49-4-718. Modification of dispositional orders; motions; hearings.

§49-4-719. Juvenile probation officers; appointment; salary; facilities; expenses; duties; powers.

§49-4-720. Prohibition on committing juveniles to adult facilities.

§49-4-721. Rules governing juvenile facilities; rights of juveniles.

§49-4-722. Conviction for offense while in custody.

§49-4-723. Discrimination prohibited; penalties; damages.

§49-4-724. Standardized assessments.

§49-4-725. Restorative justice programs.

§49-4-726. Study of juvenile competency issues; requiring and requesting report and proposed legislation; submission to Legislature.

§49-4-727. Juvenile competency proceedings.

§49-4-728. Definitions for juvenile competency proceedings.

§49-4-729. Motion for determination of competency, time frames, order for evaluation.

§49-4-730. Juvenile competency qualified forensic evaluator; qualifications.

§49-4-731. Juvenile competency evaluation.

§49-4-732. Hearing to determine juvenile’s competency to participate in the proceedings.

§49-4-733. Procedure after determination of juvenile’s competency to participate in the proceedings.

§49-4-734. Disposition alternatives for incompetent juveniles.

§49-4-735. Stay of transfer to criminal jurisdiction.

§49-4-801. Support of a child removed from home pursuant to this chapter; order requirements.

§49-4-802. General provisions for support orders; contempt.

§49-4-803. Enforcement of support orders.

§49-4-901 Repealed. Acts, 2016 Reg. Sess., Ch. 32

§49-4-902 Repealed. Acts, 2016 Reg. Sess., Ch. 32

§49-4-903. Interference with disposition of child punishable as contempt of court.

§49-4-904. Enticing child from custody; penalties.

CHAPTER 49, ARTICLE 5. RECORD KEEPING AND DATABASE.

§49-5-101. Confidentiality of records; non-release of records; exceptions; penalties.

§49-5-102. Preservation of records.

§49-5-103. Confidentiality of juvenile records; permissible disclosures; penalties; damages.

§49-5-104. Confidentiality of juvenile records for children who become of age while a ward of the state or who have been transferred to adult criminal jurisdiction; separate and secure location; penalties; damages; accessibility of records for child victims of sex trafficking.

§49-5-105. Juvenile justice database; individual records confidential.

§49-5-106. Data collection.

CHAPTER 49, ARTICLE 6. MISSING CHILDREN INFORMATION ACT.

§49-6-101. Clearinghouse function; State Police requirements; rule-making.

§49-6-102. State Department of Education; missing children program; rule-making.

§49-6-103. Information to clearinghouse; definitions.

§49-6-104. Custodian request for information.

§49-6-105. Missing child report forms; where filed.

§49-6-106. Missing child reports; law-enforcement agency requirements; unidentified bodies.

§49-6-107. Release of dental records; cause shown; immunity.

§49-6-108. Cross-checking and matching.

§49-6-109. Interagency cooperation.

§49-6-110. Confidentiality of records; rulemaking; requirements.

§49-6-111. Attorney general to require compliance.

§49-6-112. Agencies to receive report; law-enforcement agency requirements.

§49-6-113. Clearinghouse Advisory Council; members, appointments and expenses; appointment, duties and compensation of director; annual reports.

§49-6-114. Powers and duties of clearinghouse advisory council; comprehensive strategic plan required to be provided to the Legislature.

§49-6-115. Public-private partnerships; funding.

§49-6-116. Establish a missing foster child locator unit program.

CHAPTER 49, ARTICLE 7. INTERSTATE COOPERATION.

§49-7-101. Adoption of compact.

§49-7-102. Definitions; implementation.

§49-7-201. Interstate adoption assistance compact; findings and purpose.

§49-7-202. Interstate adoption assistance compacts authorized; definitions.

§49-7-203. Interstate adoption assistance compact; contents of compact.

§49-7-204. Medical assistance for children with special needs; rule-making; penalties.

§49-7-301. Execution of interstate compact for juveniles.

§49-7-302. State council for interstate juvenile supervision; members; authority.

§49-7-303. Appointment of compact administrator.

§49-7-304. Notification of the effective date of the interstate compact for juveniles.

CHAPTER 49, ARTICLE 8. SUPPORTING AND STRENGTH

§49-8-1. Legislative findings; statement of legislative purpose.

§49-8-2. Definitions.

§49-8-2a. Execution of additional article.

§49-8-2b. Execution of amendment.

§49-8-3. Delegation of care and custody of a child

§49-8-4. Delegation of parental rights form.

§49-8-5. Mandatory disclosures by child investigative personnel.

§49-8-6. Applicability of licensing and other requirements of childcare facilities.

§49-8-7. Additional procedures not precluded.

CHAPTER 49, ARTICLE 9. FOSTER CARE OMBUDSMAN PROGRAM.

§49-9-101. The Foster Care Ombudsman.

§49-9-102. Investigation of complaints.

§49-9-103. Access to foster care children.

§49-9-104. Access to records.

§49-9-105. Subpoena powers.

§49-9-106. Cooperation among government departments or agencies.

§49-9-107. Confidentiality of investigations.

§49-9-108. Limitations on liability.

§49-9-109. Willful interference; retaliation; penalties.

§49-9-110. Funding for Foster Care Ombudsman Program.

CHAPTER 49, ARTICLE 10. EXEMPTION FROM WEST VIRGINIA DIVISION OF PERSONNEL.

§49-10-101. Legislative findings.

§49-10-102. Bureau for Social Service employees exempt from Division of Personnel.

§49-10-103. Bureau for Social Service employees no requirement uniformity in pay scale.

CHAPTER 49, ARTICLE 11. SYSTEM REPORTING.

§49-11-101. Systemic reporting transparency; rulemaking.

CHAPTER 50. MAGISTRATE COURTS.

CHAPTER 50, ARTICLE 1. COURTS AND OFFICERS.

§50-1-1. Magistrate court created.

§50-1-2. Number of magistrates.

§50-1-2a. Addition of magistrate in Berkeley County.

§50-1-3. Salaries of magistrates.

§50-1-4. Qualifications of magistrates; training; oath; continuing education; time devoted to public duties.

§50-1-5. Removal from office; disciplinary procedures.

§50-1-6. Vacancy in office of magistrate.

§50-1-6a. Temporary appointment of retired magistrates.

§50-1-7. Chief magistrates; administrative responsibility; additional duties.

§50-1-8. Magistrate court clerks; salaries; duties; duties of circuit clerk.

§50-1-9. Magistrate assistants; salary; duties.

§50-1-9a. Magistrate court deputy clerks; duties; salary.

§50-1-9b. Appointment of senior magistrate court clerks.

§50-1-9c. Additional magistrate court support staff; duties; salary.

§50-1-10. Clerks, deputy clerks and magistrate assistants to take oath and post bond.

§50-1-11. Offices for magistrates; location; expenses; copy of state code.

§50-1-12. Conduct of office; penalty.

§50-1-13. Temporary service within or outside of county.

§50-1-14. Duties of sheriff; service of process; bailiff.

§50-1-15. Transitional provisions.

§50-1-16. Supervisory rules.

§50-1-17. Reference to justice of the peace; abolition of the office of constable.

CHAPTER 50, ARTICLE 2. JURISDICTION AND AUTHORITY.

§50-2-1. Civil jurisdiction.

§50-2-2. Venue; change of venue.

§50-2-3. Criminal jurisdiction; limitations on bail.

§50-2-3a. Sentencing; probation.

CHAPTER 50, ARTICLE 3. COSTS, FINES AND RECORDS.

§50-3-1. Costs in civil actions.

§50-3-1a. Costs assessed against losing party.

§50-3-2. Costs in criminal proceedings.

§50-3-2a. Payment by electronic payments, credit card payments, cash, money orders, or certified checks; payment plan; failure to pay fines results in a late fee and judgment lien.

§50-3-2b. Additional costs in certain criminal proceedings.

§50-3-2c. Withholding from personal income tax refunds for unpaid fines and costs in magistrate criminal actions, in magistrate criminal appeals to circuit court and for failure to appear in court.

§50-3-3. Disposition of fines, forfeitures and penalties.

§50-3-4. Disposition of costs; magistrate court fund.

§50-3-4a. Disposition of criminal costs and civil filing fees into State Treasury account for Regional Jail and Prison Development Fund.

§50-3-5. Repealed. Acts, 2007 Reg. Sess., Ch. 40.

§50-3-6. Collection of costs and fines.

§50-3-6a. Deposits in interest-bearing accounts; payment of interest to General Revenue Fund of State Treasury.

§50-3-7. Records of magistrate court; reports.

§50-3-8. Audits.

§50-3-9. Magistrate court officials to issue receipts of collections; deposit of funds.

§50-3-10. Removal of magistrate court official.

CHAPTER 50, ARTICLE 4. PROCEDURE BEFORE TRIAL.

§50-4-1. Commencement of civil actions.

§50-4-2. Commencement of criminal prosecutions.

§50-4-2a. Initial appearance and arraignment by video to be conducted by magistrate court wherein offense is charged; exceptions.

§50-4-3. Appointment of counsel in criminal proceeding.

§50-4-4. Long-arm jurisdiction; manner of service in civil cases.

§50-4-4a. Appearance in civil cases.

§50-4-5. Return date in civil action; setting of trial date; failure to appear or notify.

§50-4-6. Return date in criminal proceedings; setting trial date.

§50-4-7. Disqualification of magistrate.

§50-4-8. Removal to circuit court.

§50-4-9. Counterclaim.

§50-4-10. Default judgment; confession of judgment.

§50-4-11. Dismissal of actions for lack of jurisdiction.

§50-4-12. Dismissal of actions for failure to appear, testify, etc.

§50-4-13. Intercounty institution of civil actions.

CHAPTER 50, ARTICLE 5. TRIALS, HEARINGS AND APPEALS.

§50-5-1. General rules of procedure.

§50-5-2. Continuances.

§50-5-3. Appointment of guardian ad litem.

§50-5-4. Subpoenas.

§50-5-5. Privileged communications; persons incompetent to testify.

§50-5-6. Evidentiary depositions.

§50-5-7. Right to trial in criminal cases.

§50-5-8. Trial by jury; trial to the court.

§50-5-9. Verdict and sentence.

§50-5-10. Setting aside judgment.

§50-5-11. Contempt.

§50-5-12. Appeals in civil cases.

§50-5-13. Appeals in criminal cases.

§50-5-14. Pleas in certain cases.

§50-5-14a. Disposition without court appearance.

§50-5-15. Failure of defendant to appear at criminal trial or other criminal hearing; compulsion of appearance.

CHAPTER 50, ARTICLE 6. ENFORCEMENT OF CIVIL JUDGMENTS.

§50-6-1. Enforcement of judgments.

§50-6-2. Filing of transcript in office of circuit clerk; entry on lien docket.

§50-6-3. Attachment.

CHAPTER 51. COURTS AND THEIR OFFICERS.

CHAPTER 51, ARTICLE 1. SUPREME COURT OF APPEALS.

§51-1-1. Justices.

§51-1-2. Chief justice.

§51-1-3. Jurisdiction.

§51-1-4. Regulation of pleading, practice and procedure in all courts of record; judicial council as advisory committee.

§51-1-4a. Rules governing practice of law; creation of West Virginia State Bar; providing its powers, and fees for administration.

§51-1-5. Regular terms.

§51-1-6. Special terms.

§51-1-7. Warrant of judges appointing special term.

§51-1-8. Hearing of cases at special term.

§51-1-9. What cases may be decided at regular or special term.

§51-1-10. Adjournment.

§51-1-10a. Salary of justices.

§51-1-11. Appointment and compensation of the Clerk and employees of the clerks' office; compensation.

§51-1-12. Duties of clerk.

§51-1-13. Repealed. Acts, 1975 Reg. Sess., Ch. 126.

§51-1-14. Repealed. Acts, 1975 Reg. Sess., Ch. 126.

§51-1-15. Administrative office of Supreme Court of Appeals continued; director; assistants and secretaries; seal.

§51-1-16. Director and assistant directors not to practice law.

§51-1-17. Administrative office of Supreme Court of Appeals -- duties of director.

§51-1-18. Same -- Annual report of activities and estimates of expenditures.

§51-1-19. Repealed. Acts, 1993 Reg. Sess., Ch. 56.

§51-1-20. Feasibility study of one day-one trial jury selection system.

§51-1-21. Authority to maintain domestic violence database.

§51-1-22. Court Advanced Technology Subscription Fund created.

§51-1-23. Court Facilities Maintenance Fund created.

CHAPTER 51, ARTICLE 1A. UNIFORM CERTIFICATION OF QUESTIONS OF LAW ACT.

§51-1A-1. Definitions.

§51-1A-2. Power to certify.

§51-1A-3. Power to answer.

§51-1A-4. Power to amend question.

§51-1A-5. Certification order; record.

§51-1A-6. Contents of certification order.

§51-1A-7. Notice; preference.

§51-1A-8. Procedures.

§51-1A-9. Opinion.

§51-1A-10. Cost of certification.

§51-1A-11. Severability.

§51-1A-12. Construction.

§51-1A-13. Short title.

CHAPTER 51, ARTICLE 2. CIRCUIT COURTS; CIRCUIT JUDGES.

§51-2-1. Judicial circuits; terms of office; legislative findings and declarations; elections; terms of court.

§51-2-1a. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1aa. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1b. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1bb. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1c. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1cc. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1d. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1dd. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1e. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1ee. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1f. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1ff. Repealed. Acts, 1976 Reg. Sess., Ch. 37.

§51-2-1g. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1gg. Repealed. Acts, 1976 Reg. Sess., Ch. 37.

§51-2-1h. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1i. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1j. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1k. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1l. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1m. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1n. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1o. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1p. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1q. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1r. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1s. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1t. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1u. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1v. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1w. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1x. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1y. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-1z. Repealed. Acts, 1991 Reg. Sess., Ch. 34.

§51-2-2. Jurisdiction.

§51-2-3. Adjourned terms.

§51-2-4. Special terms -- When and how held.

§51-2-5. Same -- Adjournment.

§51-2-6. Same -- For trial of person imprisoned.

§51-2-7. Same -- What causes may be tried; judge presiding.

§51-2-8. Residence of judge; disqualification.

§51-2-9. Repealed. Acts, 1992 Reg. Sess., Ch. 45.

§51-2-10. Repealed. Acts, 1992 Reg. Sess., Ch. 45.

§51-2-11. Repealed. Acts, 1992 Reg. Sess., Ch. 45.

§51-2-12. Repealed. Acts, 1992 Reg. Sess., Ch. 45.

§51-2-13. Salaries of judges of circuit courts.

§51-2-14. Holding court in two or more counties in circuit at same time.

§51-2-15. Business Court Division.

CHAPTER 51, ARTICLE 2A. FAMILY COURTS.

§51-2A-1. Family courts established.

§51-2A-2. Family court jurisdiction; exceptions; limitations.

§51-2A-2a. Family court jurisdiction to restrict contact between parties.

§51-2A-3. Number of family court judges; assignment of family court judges by family court circuits.

§51-2A-4. Qualifications of family court judges.

§51-2A-5. Term of office of family court judge; initial appointment; elections.

§51-2A-6. Compensation and expenses of family court judges and their staffs.

§51-2A-7. Powers; administrative and judicial functions of family court judge.

§51-2A-8. Rules of practice and procedure; applicability of rules of evidence; record of hearings; duties of clerk of circuit court.

§51-2A-9. Contempt powers of family court judge.

§51-2A-10. Motion for reconsideration of family court order.

§51-2A-11. Petition for appeal.

§51-2A-12. Stay of proceedings pending appeal.

§51-2A-13. Motion to dismiss appeal.

§51-2A-14. Review by circuit court; record; standard of review; temporary order upon demand.

§51-2A-15. Review by Supreme Court of Appeals; assistance for pro se appellants.

§51-2A-16. Expiration of appellate procedures; exceptions; report requirements.

§51-2A-17. Disciplinary proceedings for family court judges.

§51-2A-18. Vacancy in the office of family court judge.

§51-2A-19. Temporary assignment of family court judges.

§51-2A-20. County commissions required to furnish offices for the family court judges.

§51-2A-21. Budget of the family court.

§51-2A-22. Family court fund.

§51-2A-23. Operative dates; terminology.

§51-2A-24. Review by Intermediate Court of Appeals; transfer of jurisdiction from circuit court.

CHAPTER 51, ARTICLE 3. COURTS IN GENERAL.

§51-3-1. Seals of courts.

§51-3-2. Use of private seal.

§51-3-3. Jurisdiction over watercourses.

§51-3-4. Records.

§51-3-5. Attending officer.

§51-3-6. Citizenship and taxpaying not ground for disqualification of judge, sheriff or other court officer.

§51-3-7. Place of sessions of courts of county; destruction of courthouse.

§51-3-8. Change of place or time of session by Governor.

§51-3-9. Limitation of §§51-3-7 and 51-3-8.

§51-3-10. Opening after day fixed.

§51-3-11. Effect of changing time or place of session.

§51-3-12. Adjournments.

§51-3-13. Power of judges of circuit courts to act during vacation of court.

§51-3-14. Court security fund.

§51-3-15. Court security board, terms.

§51-3-16. Security plans; approval by court security board; awards; training.

§51-3-17. Promulgation of legislative rules.

§51-3-18. Expeditious filling of judicial vacancies.

§51-3-19. Courthouse security officers; arrest authority; concealed-carry authority; requirements for participation; authorization to carry firearms concealed consistent with federal law.

§51-3-20. Judicial officer education and training.

CHAPTER 51, ARTICLE 4. GENERAL PROVISIONS RELATING TO CLERKS OF COURTS.

§51-4-1. Where clerks' offices to be kept.

§51-4-2. Inspection of records and papers; copies.

§51-4-3. Preservation and destruction of papers; microphotography and electronic storage.

§51-4-4. Removal of records or papers out of county; penalty.

§51-4-5. Authority to administer oath.

§51-4-6. Preparation of bonds.

§51-4-7. Transmission of copies of certain records to county clerk; recordation; penalty.

§51-4-8. Repealed. Acts, 1992 Reg. Sess., Ch. 116.

§51-4-9. Repealed. Acts, 2015 Reg. Sess., Ch. 57.

§51-4-10. Duplicate certificate of allowance; penalty.

§51-4-11. Repealed. Acts, 2015 Reg. Sess., Ch. 57.

§51-4-12. Repealed. Acts, 1998 Reg. Sess., Ch. 88.

§51-4-12a. Free recordation of discharges, other than dishonorable, and certificates of satisfactory service; free issuance to veterans and dependents of copies of certain records.

CHAPTER 51, ARTICLE 5. COMMISSIONERS IN CHANCERY AND FOR STATING ACCOUNTS.

§51-5-1. Appointment, removal and powers of commissioners.

§51-5-2. Oath of commissioner.

CHAPTER 51, ARTICLE 6. GENERAL RECEIVERS.

§51-6-1. Appointment; term; duties; authority.

§51-6-2. Powers and duties as to securities.

§51-6-3. Dividends and interest.

§51-6-4. Interest on money loaned.

§51-6-5. Receiver's liability for funds and interest thereon.

§51-6-6. Receiver's bond.

§51-6-7. Receiver's compensation.

§51-6-8. Accounts and reports.

§51-6-9. Failure to keep accounts or make statements.

§51-6-10. Settlement of accounts of general receiver and others who hold money subject to order of court; examination of bonds and securities.

§51-6-11. Examination of reports; recordation; new bond or additional security; effect.

§51-6-12. "Receivers' book"; recordation of reports; inspection.

§51-6-13. Charges of clerks and commissioners.

§51-6-14. Application of unclaimed funds in hands of general receiver of circuit court.

CHAPTER 51, ARTICLE 7. OFFICIAL REPORTERS.

§51-7-1. Appointment; oath; attendance at grand jury sessions.

§51-7-2. Duty to take shorthand notes.

§51-7-3. Compensation for attending court and taking notes.

§51-7-4. Transcript of notes; fees; authenticity; transcript for judge in criminal cases.

§51-7-5. Salary in lieu of all other compensation.

§51-7-6. Reporter's fee; how taxed, paid and accounted for.

§51-7-7. Transcripts to be furnished indigent persons under conviction upon timely request; payment therefor.

§51-7-8. Transcripts to be furnished indigent persons in juvenile delinquency and child abuse and neglect proceedings upon timely request; payment therefor.

CHAPTER 51, ARTICLE 8. STATE AND COUNTY LAW LIBRARIES; LAW CLERKS.

§51-8-1. West Virginia law library; control and management.

§51-8-2. Librarian; bond; assistants; compensation.

§51-8-3. Rules and regulations governing use of library.

§51-8-4. Control of library by court; expenses.

§51-8-5. Distribution of West Virginia reports.

§51-8-6. Exchange of acts of the Legislature for acts of the Legislatures of other states; distribution.

§51-8-7. Accounts and reports of librarian.

§51-8-8. Authority to establish county law libraries; control of circuit judge; rules.

§51-8-9. Accounts and reports relating to county law libraries.

§51-8-10. Law clerks.

CHAPTER 51, ARTICLE 9. RETIREMENT SYSTEM FOR JUDGES OF COURTS OF RECORD.

§51-9-1. Establishment.

§51-9-1a. Definitions.

§51-9-1b. Statement of legislative intent, policy and finding.

§51-9-2. Judges' retirement fund created; composition.

§51-9-3. Custody, permissible investment and administration of retirement system trust fund; State Auditor's authority as administrator and trust fund fiduciary; refunds required, including interest; federal qualification requirements.

§51-9-3a. Specification of actuarial assumptions.

§51-9-4. Required percentage contributions from salaries; any termination of required contributions prior to actual retirement disallowed; leased employees; military service credit; maximum allowable and qualified military service; qualifiable prosecutorial service.

§51-9-5. Election not to participate, contribute, or be a member; authorized transfers of service credit by a judge; duplicate use of service credit prohibited.

§51-9-6. Eligibility for and payment of benefits.

§51-9-6a. Eligibility benefits; service and retirement of judges over sixty-five years of age.

§51-9-6b. Annuities for surviving spouses and surviving dependent children of judges; automatic escalation and increase of annuity benefit; proration designation by judge permitted.

§51-9-6c. Limitations on benefit increases.

§51-9-6d. Adjusted annual retirement benefit calculations.

§51-9-7. Ineligibility to receive pay or benefits.

§51-9-8. Retirement upon disability.

§51-9-9. Determination of eligibility for benefits.

§51-9-10. Services of senior judges and justices.

§51-9-11. Monthly payments.

§51-9-12. Refunds.

§51-9-12a. Federal law maximum benefit limitations.

§51-9-12b. Federal minimum required distributions.

§51-9-12c. Direct rollovers.

§51-9-12d. Rollovers and transfers to purchase service credit or repay withdrawn contributions.

§51-9-13. Disqualification for pay and benefits.

§51-9-14. Moneys exempt from execution, etc.; unassignable and nontransferable; exception for certain domestic relations orders.

§51-9-15. County commissioners excluded.

§51-9-16. Severability of article and amendments thereto.

§51-9-17. Benefits not forfeited if system terminates.

§51-9-18. Correction of errors; underpayments; overpayments.

CHAPTER 51, ARTICLE 10. PROFESSIONAL BONDSMEN IN CRIMINAL CASES.

§51-10-1. Definitions.

§51-10-2. Business impressed with public interest.

§51-10-3. Procuring business through official or attorney for consideration prohibited.

§51-10-4. Attorneys procuring employment through official or bondsman for consideration prohibited.

§51-10-5. Receiving other than regular fee for bonding prohibited; bondsman prohibited from endeavoring to secure dismissal or settlement.

§51-10-5a. Bonding fee and collateral security required by bail bondsmen.

§51-10-6. Posting names of authorized bondsmen; list to be furnished prisoners; prisoner may communicate with bondsman; record to be kept by police.

§51-10-7. Bondsman prohibited from entering place of detention unless requested by prisoner; record of visit to be kept.

§51-10-8. Qualifications of bondsmen; rules to be prescribed by Insurance Commissioner; bondsman filing requirements; bondsman license renewal requirements; criminal penalty for filing false affidavit; list of bondsmen kept and provided to places of detention by Insurance Commissioner; requiring all bondsman to be licensed by Insurance Commissioner after July 1, 2022.

§51-10-9. Penalties.

§51-10-10. Enforcement of article.

CHAPTER 51, ARTICLE 10A. BAIL BOND ENFORCERS.

§51-10A-1. Definitions.

§51-10A-2. Registration of bail bond enforcers and authorization by bail bondsman required; fees.

§51-10A-3. Effect of authorization.

§51-10A-4. Prohibited conduct.

§51-10A-5. Unauthorized acts; penalties.

§51-10A-6. Prohibition against providing fiduciary bonds in estates; exception.

CHAPTER 51, ARTICLE 11. THE WEST VIRGINIA APPELLATE REORGANIZATION ACT.

§51-11-1. Short title.

§51-11-2. Definitions.

§51-11-3. West Virginia Intermediate Court of Appeals; constitutional authority; court created; judges; qualifications of judges; location; clerk.

§51-11-4. Jurisdiction; limitations.

§51-11-5. Motion for direct review by Supreme Court of Appeals.

§51-11-6. Election of judges; initial appointment and election; vacancies; length and conditions of judicial terms.

§51-11-7. Rules of practice and procedure; fees; deadlines.

§51-11-8. Administration of court.

§51-11-9. Written opinions; precedential effect.

§51-11-10. Discretionary review by Supreme Court of Appeals by petition.

§51-11-11. Judicial compensation and benefits; expenses.

§51-11-12. Attorney General as counsel for state.

§51-11-13. Severability.

CHAPTER 52. JURIES.

CHAPTER 52, ARTICLE 1. PETIT JURIES.

§52-1-1. Declaration of policy.

§52-1-2. Prohibition of discrimination.

§52-1-3. Definitions.

§52-1-4. Jury selection.

§52-1-5. Master list; method for compilation; additional freeholder list; lists to be available to public.

§52-1-5a. Jury qualification form; contents; procedure for use; penalties.

§52-1-6. Jury wheel or jury box; random selection of names from master list for jury wheel or jury box.

§52-1-7. Drawings from the jury wheel or jury box; notice of jury duty; penalties.

§52-1-7a. Alternate procedure for selection of jury by electronic data processing methods.

§52-1-8. Disqualification from jury service.

§52-1-9. Assignment of jurors to jury panels; drawing of additional jurors upon shortage of qualified jurors.

§52-1-10. No exemptions.

§52-1-11. Excuses from jury service.

§52-1-12. Discharge of excess jurors.

§52-1-13. Competency of jurors when municipality, county or district is a party.

§52-1-14. When and how jurors are to be summoned from a county to serve in another county.

§52-1-15. Challenging compliance with selection procedures.

§52-1-16. Preservation of records.

§52-1-17. Reimbursement of jurors.

§52-1-18. When juror not entitled to reimbursement.

§52-1-19. Record of allowance to jurors.

§52-1-20. Payment of reimbursement.

§52-1-21. Excuse from employment.

§52-1-22. Fraud in selection of jurors; penalties.

§52-1-23. Length of service by jurors.

§52-1-24. Penalties for failure to perform jury service.

§52-1-25. Present methods of jury selection to remain in effect until preparation of master list.

§52-1-26. Provisions apply to selection jurors for magistrate juries.

CHAPTER 52, ARTICLE 2. GRAND JURIES.

§52-2-1. At what terms grand jury shall attend; when court or judge may dispense with it.

§52-2-2. Provisions governing petit juries govern grand juries.

§52-2-3. Selection and summoning of jurors.

§52-2-4. Quorum.

§52-2-5. Oath.

§52-2-6. Charge.

§52-2-7. Duties; preservation of evidence.

§52-2-8. Finding or making of indictment or presentment.

§52-2-9. Second hearing.

§52-2-10. Substituting new juror to fill vacancy; summoning additional juror.

§52-2-11. Materials subpoenaed by grand jury; authorizing custodian possession and use thereof.

§52-2-12. Incompetency or disqualification of juror not to affect validity of finding.

§52-2-13. Compensation and mileage of grand jurors.

§52-2-14. Grand jury authorized to sit for as long as one year and in addition to any other grand jury; provisions of article applicable with certain exception.

§52-2-15. Secrecy of Grand Jury Proceedings.

§52-2-16. Juror questionnaires; judicial approval required for release of forms.

CHAPTER 52, ARTICLE 3. DISCRIMINATION FOR JURY SERVICE.

§52-3-1. Right of action for discrimination against employees summoned for jury duty; penalties.

CHAPTER 53. EXTRAORDINARY REMEDIES.

CHAPTER 53, ARTICLE 1. PROHIBITION AND MANDAMUS.

§53-1-1. When writ of prohibition lies as matter of right.

§53-1-2. Jurisdiction of writs of mandamus and prohibition; by whom rule to show cause or peremptory writ issued.

§53-1-3. Application for mandamus or prohibition.

§53-1-4. Contents of petition.

§53-1-5. When rule to show cause issued; copy of petition to accompany service of rule; when rule returnable.

§53-1-6. How defense made; reply; amendments.

§53-1-7. Adjournment.

§53-1-8. Award or denial of writ; costs.

§53-1-9. Suspension of proceedings where prohibition applied for.

§53-1-10. Certification of proceedings in vacation; entry in order book.

§53-1-11. Service of writ; how obedience to writ enforced.

§53-1-12. Distribution of levy under mandamus to satisfy judgment against a political subdivision.

CHAPTER 53, ARTICLE 2. QUO WARRANTO.

§53-2-1. In what cases quo warranto awarded.

§53-2-2. Application for writ.

§53-2-3. Award of writ; signing and attestation; bond.

§53-2-4. Information in the nature of writ of quo warranto.

§53-2-5. Service of writ or summons.

§53-2-6. Judgment when defendant fails to appear; defendant may have judgment set aside and make defenses where service by publication; pleading where defendant appears.

§53-2-7. Verdict; judgment; costs; attorney's fee.

§53-2-8. Receivership for property of dissolved corporation.

CHAPTER 53, ARTICLE 3. CERTIORARI.

§53-3-1. Jurisdiction.

§53-3-2. When certiorari lies.

§53-3-3. Contents of record; removal of record to circuit court; review.

§53-3-4. Award of certiorari in vacation; habeas corpus in aid thereof.

§53-3-5. Stay of proceedings on judgment or order removed by certiorari -- Bond.

§53-3-6. Same -- Duration.

CHAPTER 53, ARTICLE 4. HABEAS CORPUS.

§53-4-1. When and by whom writ granted.

§53-4-2. To whom writ directed; return of writ.

§53-4-3. Bond may be required of petitioner.

§53-4-4. Service of writ.

§53-4-5. Penalty for disobeying writ.

§53-4-6. When affidavits may be read as evidence.

§53-4-7. Judgment.

§53-4-8. Facts proved may be made part of record.

§53-4-9. Powers of judge in vacation.

§53-4-10. Judgment conclusive; exception.

§53-4-11. Revision of judgment by Supreme Court of Appeals.

§53-4-12. Disposition of prisoner and proceedings pending writ of error.

§53-4-13. Writs of habeas corpus ad testificandum.

CHAPTER 53, ARTICLE 4A. POST-CONVICTION HABEAS CORPUS.

§53-4A-1. Right to habeas corpus for post-conviction review; jurisdiction; when contention deemed finally adjudicated or waived; effect upon other remedies.

§53-4A-2. Petition; contents thereof; supreme court may prescribe form of petition, verification and writ; duties of clerk.

§53-4A-3. Refusal of writ; granting of writ; direction of writ; how writ made returnable; duties of clerk, Attorney General and prosecuting attorney.

§53-4A-4. Inability to pay costs, etc.; appointment of counsel; obtaining copies of record or records in criminal proceedings or in a previous proceeding or proceedings to secure relief; payment of all costs and expenses; adjudging of costs.

§53-4A-5. Service of writ.

§53-4A-6. Return; pleadings; amendments.

§53-4A-7. Denial of relief; hearings; evidence; record; judgment.

§53-4A-8. Powers of judges or judge in vacation.

§53-4A-9. Judicial review; disposition of petitioner pending appeal.

§53-4A-10. Construction; repeal.

§53-4A-11. Severability.

CHAPTER 53, ARTICLE 5. INJUNCTIONS.

§53-5-1. Injunction for protection of property.

§53-5-2. Forthcoming bond may be required where removal of property from state enjoined.

§53-5-3. In what courts bill brought.

§53-5-4. General jurisdiction of judge to award injunction.

§53-5-5. Injunction by judge of Supreme Court of Appeals.

§53-5-6. Injunction by circuit court or judge where award thereof refused by court of limited jurisdiction.

§53-5-7. To what clerk order for injunction directed.

§53-5-8. Equity of plaintiff to be shown by affidavit or otherwise; notice to adverse party; hearing after injunction awarded or denied; certification of questions; appeals.

§53-5-9. Injunction bond.

§53-5-10. How surety in forthcoming bond may obtain additional security.

§53-5-11. Dissolution of injunction in vacation.

§53-5-12. Damages on dissolution; liability of sureties on forthcoming bond.

§53-5-13. Dismissal of bill for injunction.

CHAPTER 53, ARTICLE 6. SPECIAL RECEIVERS.

§53-6-1. Special receiver -- Appointment generally; bond; notice of application for appointment.

§53-6-2. Same -- Appointment by order of Supreme Court of Appeals or judge thereof in vacation.

§53-6-3. Same -- Accounting.

CHAPTER 53, ARTICLE 7. ARRESTS IN CIVIL CASES.

§53-7-1. Order for arrest -- Affidavit; grounds for arrest.

§53-7-2. Same -- By whom made; plaintiff to give bond.

§53-7-3. Same -- Issuance; form.

§53-7-4. Arrest and commitment unless bond given by defendant.

§53-7-5. To whom bond of defendant may be given; return and filing thereof.

§53-7-6. Discharge of defendant or bond.

§53-7-7. Interrogatories to defendant in custody; discharge of defendant.

§53-7-8. Conveyance or other disposition of property.

CHAPTER 53, ARTICLE 8. PERSONAL SAFETY ORDERS.

§53-8-1. Definitions.

§53-8-2. Confidentially of proceedings.

§53-8-3. Who may file; exclusivity; applicability of article.

§53-8-4. Petition seeking relief.

§53-8-5. Temporary personal safety orders.

§53-8-6. Respondent's opportunity to be heard; notice to respondent.

§53-8-7. Personal safety hearing; forms of relief.

§53-8-8. Modification and rescission.

§53-8-9. Appeals.

§53-8-10. Statement concerning violations.

§53-8-11. Penalties.

§53-8-12. Priority of petitions.

§53-8-13. Fees and costs.

§53-8-14. Service by law enforcement.

§53-8-15. Rules and forms.

§53-8-16. Limitation on use of information.

§53-8-17. Sealing of records.

CHAPTER 54. EMINENT DOMAIN.

CHAPTER 54, ARTICLE 1. RIGHT OF EMINENT DOMAIN.

§54-1-1. Bodies which may exercise power of eminent domain.

§54-1-2. Public uses for which private property may be taken or damaged.

§54-1-2a. Notice; good faith purchase.

§54-1-3. Entry on lands.

§54-1-3a. Entry by political body to obtain data; compensation to owner.

§54-1-4. Restrictions as to dwelling houses -- Railroad and other internal improvement companies.

§54-1-5. Same -- Lines for transportation of gas, oil, coal, etc., and storage tanks.

§54-1-5a. Restrictions as to the exercise of the right of eminent domain by the West Virginia Housing Development Fund.

§54-1-6. Quantity of land acquired.

§54-1-7. Roadways; crossings.

§54-1-8. Estate acquired; taxation.

§54-1-9. Crossing or alteration of course of works of another entity; civil action.

§54-1-10. Taking wood and other materials and water; deposits of waste; cutting trees.

§54-1-11. Specific purposes not limitation.

§54-1-12. Facilities for moving fuel coal to coal fired steam electric power plants.

CHAPTER 54, ARTICLE 2. PROCEDURE.

§54-2-1. Jurisdiction.

§54-2-2. Pleadings; verification; parties.

§54-2-2a. Additional requirement for condemnation proceeding for right-of-way for certain high voltage transmission line.

§54-2-3. Notice; riparian owner affected by taking of water.

§54-2-4. Persons under disability.

§54-2-4a. Lis pendens notice; effect.

§54-2-5. Commissioners; qualifications.

§54-2-6. How commissioners appointed.

§54-2-7. Oath of commissioners.

§54-2-7a. Information for commissioners.

§54-2-7b. Supervision of hearings; appointment, powers, duties and compensation of court commissioner; subpoena of witnesses, etc.

§54-2-8. Powers of commissioners; hearings; view of property.

§54-2-9. Report of commissioners.

§54-2-9a. Separate findings of compensation and damages.

§54-2-10. Proceedings on report; trial by jury.

§54-2-11. Setting aside report; recommittal; new commissioners.

§54-2-11a. Waiver of findings by commissioners.

§54-2-12. Vesting of title in applicant.

§54-2-13. Entry on land on payment of compensation.

§54-2-14. Entry by state or its political subdivisions.

§54-2-14a. Alternative method for condemnation by state or its political subdivision.

§54-2-15. Alternative procedure for condemnation by business corporation; bond.

§54-2-16. Increase or decrease in award after payment into court; costs.

§54-2-16a. Liability for costs generally.

§54-2-17. Effect of judgment against applicant for excess.

§54-2-18. Payment to clerk; disposition of money paid into court; determination of conflicting claims; notice to condemnee.

§54-2-19. Compensation of commissioners and jurors.

§54-2-20. Recordation of certified copy of condemnation order.

§54-2-21. Effective date of new percent interest rates.

CHAPTER 54, ARTICLE 3. IMPLEMENTATION OF UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 AND THE 1987 AMENDMENTS THERETO KNOWN AS TITLE IV OF THE SURFACE TRANSPORTATION AND UNIFORM RELOCATION ASSISTANCE ACT OF 1987.

§54-3-1. Definitions.

§54-3-2. Statement of purposes.

§54-3-3. Implementation of federal act; powers of state agencies; payments under act not considered income or resources for certain purposes.

§54-3-4. Construction of article; assistance for dislocation, etc., occurring prior to effective date.

§54-3-5. Severability.

CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.

CHAPTER 55, ARTICLE 1. STATUTE OF FRAUDS.

§55-1-1. When writing required.

CHAPTER 55, ARTICLE 2. LIMITATION OF ACTIONS AND SUITS.

§55-2-1. Entry upon or recovery of lands.

§55-2-1a. Ownership or possession of surface of lands after severance of minerals not adverse to owner of minerals.

§55-2-2. Claim not to preserve right as to lands.

§55-2-3. Entry upon or recovery of lands by persons under disability.

§55-2-4. Limitations upon §55-2-3.

§55-2-5. Enforcement of liens reserved by conveyance or created by deed of trust or mortgage on real estate.

§55-2-6. Actions to recover on award or contract other than judgment or recognizance.

§55-2-6a. Deficiencies, injuries or wrongful death resulting from any improvements to or survey of real property; limitation of actions and suits.

§55-2-7. Actions on bonds of personal representatives and fiduciaries.

§55-2-8. Acknowledgment by new promise.

§55-2-9. Effect of acknowledgment by personal representative or joint contractor.

§55-2-10. Effect of devise for payment of debts.

§55-2-11. Action or scire facias on recognizance.

§55-2-12. Personal actions not otherwise provided for.

§55-2-13. Foreign judgments and decrees.

§55-2-14. Suit to repeal land grant.

§55-2-15. Special and general savings as to persons under disability.

§55-2-16. Death before right to sue.

§55-2-17. When suit prevented by defendant; actions on foreign contracts.

§55-2-18. Extension of period for new action after dismissal or reversal where the action is timely filed.

§55-2-19. Application of statute of limitation to state.

§55-2-19a. Collection of taxes due state or any subdivision thereof.

§55-2-20. Limitations applicable to proceedings pending or rights of action accruing before effective date of code.

§55-2-21. Statutes of limitation tolled on claims assertible in civil actions when actions commence.

§55-2-22. Effect of bankruptcy.

CHAPTER 55, ARTICLE 2A. LIMITATION ON FOREIGN CLAIMS.

§55-2A-1. "Claim" defined.

§55-2A-2. Period of limitation.

§55-2A-3. Applicability.

§55-2A-4. Construction.

§55-2A-5. Citation.

§55-2A-6. Repeal.

CHAPTER 55, ARTICLE 3. UNLAWFUL ENTRY OR DETAINER.

§55-3-1. Issuance of summons.

§55-3-2. Assessment of damages.

§55-3-3. Return day and service of summons; plea; issue and trial.

§55-3-4. Period of limitation; verdict and judgment.

§55-3-5. Judgment not a bar to action of ejectment; verdict not conclusive of facts in future action; allowance for improvements not precluded.

§55-3-6. Equitable defenses; adverse possession.

CHAPTER 55, ARTICLE 3A. REMEDIES FOR WRONGFUL OCCUPATION OF RESIDENTIAL RENTAL PROPERTY.

§55-3A-1. Petition for summary relief for wrongful occupation of residential rental property.

§55-3A-2. Defenses available.

§55-3A-3. Proceedings in court; final order; disposition of abandoned personal property.

CHAPTER 55, ARTICLE 3B. REMEDIES FOR WRONGFUL OCCUPATION OF FACTORY-BUILT HOME SITE.

§55-3B-1. Definitions.

§55-3B-2. Tenancy of factory-built home site.

§55-3B-3. Termination of tenancy.

§55-3B-4. Petition for summary relief for wrongful occupation of residential rental property.

§55-3B-5. Defenses available.

§55-3B-6. Proceedings in court; final order; disposition of abandoned personal property.

§55-3B-7. Waiver.

CHAPTER 55, ARTICLE 3C. REMEDIES FOR SQUATTING.

§55-3C-1. Squatting defined; squatting synonymous with trespass.

§55-3C-2. Squatters not tenants; squatting constitutes criminal trespass; petition and eviction not appropriate remedies for squatters; remedy is arrest for trespass.

CHAPTER 55, ARTICLE 4. EJECTMENT.

§55-4-1. When ejectment a proper remedy.

§55-4-2. Venue

§55-4-3. Interest of plaintiff.

§55-4-4. Parties defendant.

§55-4-5. How action commenced.

§55-4-6. Declaration.

§55-4-7. Joinder of parties plaintiff.

§55-4-8. Service of declaration and notice; order of publication.

§55-4-9. Rule to plead; default judgment.

§55-4-10. Plea or demurrer; issue on plea; evidence admissible.

§55-4-11. Equitable title of vendee as defense.

§55-4-12. Payment or performance by mortgagor as defense.

§55-4-13. Notice of equitable defense; resort to equity not barred.

§55-4-14. Consent rules not to be used; what plaintiff must prove generally.

§55-4-14a. When proof required of location of reservations or exceptions contained in instruments of title.

§55-4-15. What plaintiff must prove against cotenant.

§55-4-16. Extent of possession under patent, deed or other writing.

§55-4-17. Verdict as to parties.

§55-4-18. Verdict as to premises.

§55-4-19. Judgment; assignment of dower.

§55-4-20. Change in plaintiff's right pending action; additional party plaintiff.

§55-4-21. Mesne profits and damages.

§55-4-22. How damages assessed.

§55-4-23. Claim for improvements.

§55-4-24. Balance as between damages and improvements.

§55-4-25. Postponing assessment of damages and allowance for improvements.

§55-4-26. Effect of judgment.

§55-4-27. Effect of judgment as to persons under disability.

§55-4-28. Right to recover mesne profits and damages against person other than defendant.

§55-4-29. Default or surrender by tenant for life.

§55-4-30. Right of entry not tolled by descent cast.

§55-4-31. Petition for ascertainment and designation of boundary line or lines of real estate.

§55-4-31a. Resolution of boundary disputes; corrective deeds; petition for ascertainment and designation of boundary line or lines of real estate.

CHAPTER 55, ARTICLE 5. ALLOWANCE FOR IMPROVEMENTS.

§55-5-1. Method of asserting claim.

§55-5-2. Valuation of improvements made by defendant before notice of title.

§55-5-3. Liability of defendant for annual value of premises and damages -- Assessment of damages for plaintiff.

§55-5-4. Same -- For what period defendant liable.

§55-5-5. Verdict for balance after damages set off against improvements; entry of judgment.

§55-5-6. Judgment lien.

§55-5-7. Reimbursement of life tenant by remainderman or reversioner.

§55-5-8. Exception as to mortgagees and trustees.

§55-5-9. Plaintiff may require his estate only to be valued -- By entry on record.

§55-5-10. Same -- How estimated.

§55-5-11. Same -- Relinquishment of estate to defendant at value ascertained.

§55-5-12. Same -- Same -- How value paid; sale of land for failure to make payments; deficiency.

§55-5-13. Same -- Same -- Disposition of value when party under disability.

§55-5-14. Same -- Same -- Eviction of defendant; recovery of amount paid.

CHAPTER 55, ARTICLE 6. RECOVERY OF PERSONAL PROPERTY.

§55-6-1. Immediate recovery of possession of personal property; notice and prejudgment hearing.

§55-6-2. Finding of fact by court or magistrate; bond; order for seizure.

§55-6-3. Seizure of property by officer.

§55-6-4. Return of property to defendant upon execution of bond.

§55-6-5. Exception to sufficiency of sureties.

§55-6-6. Verdict and judgment.

§55-6-7. Execution.

CHAPTER 55, ARTICLE 7. ACTIONS FOR INJURIES.

§55-7-1. Seduction.

§55-7-2. Insulting words.

§55-7-3. Unlawful seizure or attachment.

§55-7-4. Action of replevin abolished.

§55-7-5. Action for death by wrongful act.

§55-7-6. By whom action for wrongful death to be brought; amount and distribution of damages; period of limitation.

§55-7-7. Compromise of claim for death by wrongful act.

§55-7-8. Personal injury action where injuries result in death.

§55-7-8a. Actions which survive; limitations; law governing such actions.

§55-7-9. Violation of statutes.

§55-7-10. Trespass abolished; trespass on the case to lie in lieu thereof.

§55-7-11. Suits against unincorporated common carriers.

§55-7-11a. Settlement, release or statement within twenty days after personal injury; disavowal; certain expressions of sympathy inadmissible as evidence.

§55-7-12. Liability of one joint tort-feasor not affected by release to, or accord and satisfaction with, another.

§55-7-13. Repealed. Acts, 2015 Reg. Sess., Ch. 59.

§55-7-13a. Modified comparative fault standard established.

§55-7-13b. Definitions.

§55-7-13c. Liability to be several; amount of judgment; allocation of fault.

§55-7-13d. Determination of fault; imputed fault; when plaintiff's criminal conduct bars recovery; burden of proof; damages; stay of action; limitations; applicability; severability.

§55-7-14. Liability of visual or sound broadcasting stations for defamatory statements.

§55-7-15. Aid to victim of accident, emergency, or disaster; immunity from civil liability, definitions.

§55-7-16. Immunity from liability for ski patrol rendering emergency care.

§55-7-17. Aid by trained emergency services personnel; entities, immunity from civil liability; definitions.

§55-7-18. Limiting liability of home care service providers, daycare centers and residential care facilities disclosing certain employment information.

§55-7-18a. Employer immunity from liability; disclosure of information regarding former employees.

§55-7-19. Liability of health care providers who render services at school athletic events; limiting liability; exceptions.

§55-7-20. Limiting civil liability of nonprofits for arranging passage on excursion trains.

§55-7-21. Creating presumption of good faith for court-appointed licensed psychologists and psychiatrists conducting a child custody evaluation; method for assigning court and legal fees.

§55-7-22. Civil relief for persons resisting certain criminal activities.

§55-7-23. Prescription drugs and medical devices; limiting health care providers' liability exposure.

§55-7-24. Repealed. Acts, 2015 Reg. Sess., Ch. 59.

§55-7-25. Personal injury and wrongful death actions; complaint; specific amount of damages not to be stated.

§55-7-26. First responders who use forced entry in response to 911 call; limited immunity from civil and criminal liability.

§55-7-27. Liability of possessor of real property for harm to a trespasser.

§55-7-28. Limiting civil liability of a possessor of real property for injuries caused by open and obvious hazards.

§55-7-29. Limitations on punitive damages.

§55-7-30. Adequate pharmaceutical warnings; limiting civil liability for manufacturers or sellers who provide warning to a learned intermediary.

§55-7-31. Limitation on products liability actions; innocent seller.

§55-7-32. Liability for employee negligence in actions involving commercial motor vehicles.

CHAPTER 55, ARTICLE 7A. LIABILITY OF PARENTS.

§55-7A-1. Legislative findings; declaration of legislative intent.

§55-7A-2. Parental liability for willful, malicious or criminal acts of children.

CHAPTER 55, ARTICLE 7B. MEDICAL PROFESSIONAL LIABILITY.

§55-7B-1. Legislative findings and declaration of purpose.

§55-7B-2. Definitions.

§55-7B-3. Elements of proof.

§55-7B-4. Health care injuries; limitations of actions; exceptions; venue.

§55-7B-5. Health care actions; complaint; specific amount of damages not to be stated; limitation on bad faith claims; filing of first party bad faith claims; when plaintiff's criminal conduct bars recovery.

§55-7B-6. Prerequisites for filing an action against a health care provider; procedures; sanctions.

§55-7B-6a. Access to medical records.

§55-7B-6b. Expedited resolution of cases against health care providers; time frames.

§55-7B-6c. Summary jury trial.

§55-7B-6d. Repealed. Acts, 2014 Reg. Sess., Ch. 99.

§55-7B-7. Testimony of expert witness on standard of care.

§55-7B-7a. Admissibility and use of certain information.

§55-7B-8. Limit on liability for noneconomic loss.

§55-7B-9. Several liability.

§55-7B-9a. Reduction in compensatory damages for economic losses for payments from collateral sources for the same injury.

§55-7B-9b. Limitations on third-party claims.

§55-7B-9c. Limit on liability for treatment of emergency conditions for which patient is admitted to a designated trauma center; exceptions; emergency rules.

§55-7B-9d. Adjustment of verdict for past medical expenses.

§55-7B-10. Effective date; applicability of provisions.

§55-7B-11. Severability.

§55-7B-12. Self-funding program; requirements; minimum standards.

CHAPTER 55, ARTICLE 7C. IMMUNITY FROM CIVIL LIABILITY FOR QUALIFIED DIRECTORS OF CERTAIN GOVERNMENTAL AND NONPROFIT ENTITIES.

§55-7C-1. Findings and declaration of public purpose.

§55-7C-2. Definitions.

§55-7C-3. Limited civil liability of qualified directors.

§55-7C-4. Applicability of provisions.

CHAPTER 55, ARTICLE 7D. GOOD SAMARITAN FOOD DONATION ACT.

§55-7D-1. Legislative findings.

§55-7D-2. Definitions.

§55-7D-3. Limiting liability of persons or corporations who donate food or grocery products; exceptions.

§55-7D-4. Limitation of liability for landowners or occupiers who allow collection or gleaning of donations; exceptions.

§55-7D-5. Construction.

CHAPTER 55, ARTICLE 7E. DUTY TO MITIGATE DAMAGES IN EMPLOYMENT CLAIMS.

§55-7E-1. Definitions.

§55-7E-2. Legislative findings and declaration of purpose.

§55-7E-3. Statutory or common law employment claims; duty to mitigate damages.

CHAPTER 55, ARTICLE 7F. ASBESTOS BANKRUPTCY TRUST CLAIMS TRANSPARENCY ACT.

§55-7F-1. Short title.

§55-7F-2. Findings and purpose.

§55-7F-3. Definitions.

§55-7F-4. Required disclosures by plaintiff.

§55-7F-5. Discovery; use of materials.

§55-7F-6. Scheduling trial; stay of action.

§55-7F-7. Identification of additional or alternative asbestos trusts by defendant.

§55-7F-8. Valuation of asbestos trust claims; judicial notice.

§55-7F-9. Setoff; credit.

§55-7F-10. Failure to provide information; sanctions.

§55-7F-11. Application.

CHAPTER 55, ARTICLE 7G. ASBESTOS AND SILICA CLAIMS PRIORITIES ACT.

§55-7G-1. Short title.

§55-7G-2. Findings and purpose.

§55-7G-3. Definitions.

§55-7G-4. Filing claims; establishment of a prima facie case; additional required information for claims; individual actions to be filed.

§55-7G-5. Elements of proof for asbestos actions alleging a nonmalignant asbestos-related condition.

§55-7G-6. Elements of proof for silica actions alleging silicosis.

§55-7G-7. Evidence of physical impairment.

§55-7G-8. Procedures.

§55-7G-9. Statute of limitations; two-disease rule.

§55-7G-10. Application.

CHAPTER 55, ARTICLE 7H. IMMUNITY FROM CIVIL LIABILITY FOR CLINICAL PRACTICE PLANS AND PERSONNEL ASSOCIATED WITH MEDICAL AND DENTAL SCHOOLS.

§55-7H-1. Findings and declaration of public purpose.

§55-7H-2. Definitions.

§55-7H-3. Immunity for clinical practice plans and their directors, officers, employees, agents and contractors.

§55-7H-4. Medical professional liability insurance for state's medical and dental schools and state medical schools.

§55-7H-5. Applicability of provisions.

§55-7H-6. Construction.

CHAPTER 55, ARTICLE 7I. SUCCESSOR ASBESTOS-RELATED LIABILITY.

§55-7I-1. Findings and purpose.

§55-7I-2. Definitions.

§55-7I-3. Applicability.

§55-7I-4. Limitations on successor asbestos-related liabilities.

§55-7I-5. Establishing fair market value of total gross assets.

§55-7I-6. Adjustment.

§55-7I-7. Scope of article; application.

CHAPTER 55, ARTICLE 7J. FINANCIAL EXPLOITATION OF AN ELDERLY PERSON, PROTECTED PERSON OR INCAPACITATED ADULT.

§55-7J-1. Action for financial exploitation of an elderly person, protected person, or incapacitated adult; definitions.

§55-7J-2. Restriction of defenses, standing alone, based on legal relationship.

§55-7J-3. Court authorized remedies.

§55-7J-4. Attorneys’ fees; court costs and burden of proof; statute of limitations.

§55-7J-5. Action to freeze assets; burden of proof; options the court may exercise.

§55-7J-6. Penalty for violation of injunction; retention of jurisdiction.

CHAPTER 55, ARTICLE 7K. IMMUNITY FROM CIVIL LIABILITY FOR BEHAVIORAL HEALTH FACILITIES AND RESIDENTIAL RECOVERY FACILITIES.

§55-7K-1. Limiting civil liability for certain behavioral health facilities and residential recovery facilities providing crisis stabilization services and/or drug and alcohol detoxification services, substance use disorder services, and/or drug overdose services on a short-term basis.

§55-7K-2. Applicability of provisions.

CHAPTER 55, ARTICLE 8. ACTIONS ON CONTRACTS.

§55-8-1. Jurisdiction in proceedings on penal bonds.

§55-8-2. Action of debt or assumpsit on note or writing; action of debt for any past-due installment.

§55-8-3. Action of assumpsit for breach of contract.

§55-8-4. General issue in debt or assumpsit on sealed instrument.

§55-8-5. Validity of writing payable to person dead at time of execution.

§55-8-6. Liability of personal representative of deceased joint judgment debtor, obligor, promissor or partner.

§55-8-7. Action against makers, drawers, endorsers, acceptors, assignors or absolute guarantors.

§55-8-8. Joinder of personal representative of decedent as defendant in action under §55-8-7; judgment to affect only estate of decedent.

§55-8-9. Action by assignee in own name; defenses and setoff; joinder of claims.

§55-8-10. Assignee entitled to recover from assignor; defenses allowed.

§55-8-11. Limitation on jurisdiction of equity as to suit by assignee.

§55-8-12. Third party may sue on covenant or promise made for his sole benefit.

§55-8-13. Action of account.

§55-8-14. Agreements to indemnify against sole negligence of the indemnitee, his agents or employees against public policy; no action maintainable thereon; exceptions.

§55-8-15. Choice of law for computer information agreements.

§55-8-16. Choice of law in product liability actions.

CHAPTER 55, ARTICLE 9. GAMING CONTRACTS.

§55-9-1. Gaming contracts void.

§55-9-2. Recovery of money or property lost in gaming.

§55-9-3. Recovery of gaming losses by bill in equity; repayment discharges winner from punishment.

CHAPTER 55, ARTICLE 10. ARBITRATION.

§55-10-1. Short title.

§55-10-2. Declaration of public policy; legislative findings.

§55-10-3. Definitions.

§55-10-4. Notice.

§55-10-5. When article applies.

§55-10-6. Effect of agreement to arbitrate; nonwaivable provisions.

§55-10-7. Application for judicial relief.

§55-10-8. Validity of agreement to arbitrate.

§55-10-9. Motion to compel or stay arbitration.

§55-10-10. Provisional remedies.

§55-10-11. Initiation of arbitration.

§55-10-12. Consolidation of separate arbitration proceedings.

§55-10-13. Appointment of arbitrator; service as a neutral arbitrator.

§55-10-14. Disclosure by arbitrator.

§55-10-15. Action by majority.

§55-10-16. Immunity of arbitrator; competency to testify; attorney's fees and costs.

§55-10-17. Arbitration process.

§55-10-18. Representation by lawyer.

§55-10-19. Witnesses; subpoenas; depositions; discovery.

§55-10-20. Judicial enforcement of preaward ruling by arbitrator.

§55-10-21. Award.

§55-10-22. Change of award by arbitrator.

§55-10-23. Remedies; fees and expenses of arbitration proceeding.

§55-10-24. Confirmation of award.

§55-10-25. Vacating award.

§55-10-26. Modification or correction of award.

§55-10-27. Judgment on award; attorneys' fees and litigation expenses.

§55-10-28. Jurisdiction.

§55-10-29. Venue.

§55-10-30. Appeals.

§55-10-31. Uniformity of application and construction.

§55-10-32. Electronic Signatures in Global and National Commerce Act.

§55-10-33. Savings clause.

CHAPTER 55, ARTICLE 11. LIS PENDENS.

§55-11-1. Lis pendens record.

§55-11-2. Notice of lis pendens; recordation and indexing thereof.

§55-11-3. Limitations on notice of lis pendens.

CHAPTER 55, ARTICLE 12. JUDICIAL SALES.

§55-12-1. Order for sale of property; terms; sale by special commissioner or receiver; bond; deposit of proceeds; penalties.

§55-12-2. Notice of sale; contents; publication.

§55-12-3. Certificate as to bond to be appended to notice of sale; effect thereof.

§55-12-4. Report of sale.

§55-12-5. When sheriff to execute decree or order of sale.

§55-12-6. Rate of commission for services of special commissioner.

§55-12-7. Appointment of commissioner to execute deed; effect of execution.

§55-12-8. Title of purchaser not affected by reversal of decree of sale; restitution of proceeds.

CHAPTER 55, ARTICLE 12A. LEASE AND CONVEYANCE OF MINERAL INTERESTS OWNED BY MISSING OR UNKNOWN OWNERS OR ABANDONING OWNERS.

§55-12A-1. Legislative intent.

§55-12A-2. Definitions.

§55-12A-3. Jurisdiction of the circuit court.

§55-12A-4. When court may appoint special commissioner; persons authorized to institute proceedings.

§55-12A-5. Persons to be joined as defendants; contents of verified petition; notice; guardian ad litem.

§55-12A-6. Appointment of a special commissioner; sale of lease; special commissioner's report; when court not to authorize lease; investment of lease proceeds; search for owner; period during which unknown or missing owner or abandoning owner may establish identity and title.

§55-12A-7. When special commissioner may convey title in mineral interest to surface owner; form of deed; final report of special Commissioner; unknown owners; transfer of funds; rulemaking.

§55-12A-8. Petitioner's attorneys' fees, expenses and court costs.

§55-12A-9. Limitation of action by unknown or missing owner or abandoning owner.

§55-12A-10. Severability.

CHAPTER 55, ARTICLE 13. UNIFORM DECLARATORY JUDGMENTS ACT.

§55-13-1. Power of courts to declare rights, status and other legal relations; objections; form and effect of declaration.

§55-13-2. Who may have determination and obtain declaration.

§55-13-3. Construction of contract before or after breach.

§55-13-4. Declaration concerning trusts and estates.

§55-13-5. No restriction on powers conferred by §55-13-1.

§55-13-6. When court may refuse judgment.

§55-13-7. Review.

§55-13-8. Further relief.

§55-13-9. Trial and determination of issues of fact.

§55-13-10. Costs.

§55-13-11. Parties.

§55-13-12. Article remedial; liberal construction and administration thereof.

§55-13-13. "Person" defined.

§55-13-14. Severability.

§55-13-15. Interpretation and construction of article.

§55-13-16. Citation of article.

CHAPTER 55, ARTICLE 14. UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT.

§55-14-1. Definitions.

§55-14-2. Filing and status of foreign judgments.

§55-14-3. Notice of filing.

§55-14-4. Stay.

§55-14-5. Fees.

§55-14-6. Optional procedure.

§55-14-7. Uniformity of interpretation.

§55-14-8. Short title.

CHAPTER 55, ARTICLE 15. ALTERNATIVE DISPUTE RESOLUTION COMMISSION.

§55-15-1. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§55-15-2. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§55-15-3. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§55-15-4. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§55-15-5. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§55-15-6. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

CHAPTER 55, ARTICLE 16. CIVIL REMEDY FOR WORTHLESS CHECK.

§55-16-1. Civil remedy for making, drawing, issuing, uttering or delivery of worthless check, draft or order.

CHAPTER 55, ARTICLE 17. PROCEDURES FOR CERTAIN ACTIONS AGAINST THE STATE.

§55-17-1. Findings; purpose.

§55-17-2. Definitions.

§55-17-3. Preliminary procedures; service on Attorney General; notice to the Legislature.

§55-17-3a. Legislature and its presiding officers never to be named as parties to a civil action in court.

§55-17-4. Procedures pending action.

§55-17-5. Notice of settlement, seizure or forfeiture.

§55-17-6. Construction of article.

CHAPTER 55, ARTICLE 18. LIMITATIONS OF ACTIONS REGARDING FIREARMS MANUFACTURE AND SALE.

§55-18-1. Legislative declarations and purpose.

§55-18-2. Authority to bring suit against manufacturers, sellers, trade associations or dealers of firearms.

CHAPTER 55, ARTICLE 19. COVID-19 JOBS PROTECTION ACT.

§55-19-1. Short title.

§55-19-2. Findings and purpose.

§55-19-3. Definitions.

§55-19-4. Claims arising from the COVID-19 pandemic.

§55-19-5. Products made, sold, and donated in response to COVID-19.

§55-19-6. Workers’ compensation.

§55-19-7. Exception.

§55-19-8. Severability.

§55-19-9. Application.

CHAPTER 55, ARTICLE 20. CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES.

§55-20-1. Short title.

§55-20-2. Definitions.

§55-20-3. Civil action.

§55-20-4. Exceptions to liability.

§55-20-5. Plaintiff’s privacy.

§55-20-6. Remedies.

§55-20-7. Statute of limitations.

§55-20-8. Construction.

§55-20-9. Uniformity of application and construction.

§55-20-10. Effective date.

CHAPTER 55, ARTICLE 21. UNIFORM COMMERCIAL REAL ESTATE RECEIVERSHIP ACT.

§55-21-1. Short title.

§55-21-2. Definitions.

§55-21-3. Notice and opportunity for hearing.

§55-21-4. Scope; exclusions.

§55-21-5. Power of court.

§55-21-6. Appointment of receiver.

§55-21-7. Disqualification from appointment as receiver; disclosure of interest.

§55-21-8. Bond; alternative security.

§55-21-9. Status of receiver as lien creditor.

§55-21-10. Security agreement covering after-acquired property.

§55-21-11. Collection and turnover of receivership property.

§55-21-12. Powers and duties of receiver.

§55-21-13. Duties of owner.

§55-21-14. Stay of other actions; injunction.

§55-21-15. Engagement and compensation of professional.

§55-21-16. Use or transfer of receivership property not in ordinary course of business.

§55-21-17. Executory contract.

§55-21-18. Defenses and immunities of receiver.

§55-21-19. Interim report of receiver.

§55-21-20. Notice of appointment; claim against receivership; distribution to creditors.

§55-21-21. Fees and expenses.

§55-21-22. Removal of receiver; replacement; termination of receivership.

§55-21-23. Final report of receiver; discharge.

§55-21-24. Receivership in another state; ancillary proceeding.

§55-21-25. Effect of enforcement by mortgagee.

§55-21-26. Uniformity of application and construction.

§55-21-27. Relation to Electronic Signatures in Global and National Commerce Act.

§55-21-28. Transition.

CHAPTER 56. PLEADING AND PRACTICE.

CHAPTER 56, ARTICLE 1. VENUE.

§56-1-1. Venue generally.

§56-1-1a. Forum non conveniens.

§56-1-1b. Venue for bringing civil action under a construction contract.

§56-1-2. Repealed. Acts, 1986 Reg. Sess., Ch. 170.

CHAPTER 56, ARTICLE 2. NOTICES AND MOTIONS.

§56-2-1. Service of notices; personal service; substituted service; return.

§56-2-2. Service by publication.

§56-2-3. Notice to take depositions.

§56-2-4. Motion on certain bonds.

§56-2-5. Notice of motion for judgment.

§56-2-6. Motion for judgment on contracts; affidavit of claim; plea and counter affidavit; judgment; discontinuance; defense.

§56-2-7. Trial by jury.

§56-2-8. Collection of forfeitures; prosecuting attorney's fees.

CHAPTER 56, ARTICLE 3. WRITS, PROCESS AND ORDER OF PUBLICATION.

§56-3-1. Ancient writs.

§56-3-2. Writs abolished.

§56-3-2a. Actions for breach of promise to marry and for alienation of affections prohibited.

§56-3-3. Forms of writs and other process.

§56-3-4. Issuance of process; alteration.

§56-3-5. To whom process directed; return of process; return of summons for witness.

§56-3-6. Delivery of process.

§56-3-7. Officer's receipt of process.

§56-3-8. Proof of mailing process to officer.

§56-3-9. Service in other county; return.

§56-3-10. Clerk's receipt of process sent by mail; postage due.

§56-3-11. Execution and validity of service generally; execution when sheriff is disqualified; service when original is returned not executed.

§56-3-12. Service of summons or scire facias; finality of judgment by default on scire facias or summons.

§56-3-13. Service of process or notice on domestic corporations.

§56-3-13a. Service of process or notice on domestic and foreign limited partnerships; service by publication.

§56-3-14. Service of process or notice on foreign corporations.

§56-3-15. Service of process or notice on common carriers other than corporations.

§56-3-16. Execution of process on Sunday.

§56-3-17. Where process may be executed.

§56-3-18. When officer may summon assistance; failure to assist.

§56-3-19. Officer's service and return of process; failure to make proper return; false return.

§56-3-20. Further liability for failure to make proper return.

§56-3-21. Alias process.

§56-3-22. Judgment on return nihil.

§56-3-23. Service by publication generally.

§56-3-24. Contents of order of publication; publishing.

§56-3-25. Failure to appear in response to publication; trial or hearing.

§56-3-26. Rehearing in case of nonpersonal service.

§56-3-27. Order of publication in Supreme Court of Appeals.

§56-3-28. Requisites of publication in Supreme Court of Appeals.

§56-3-29. Rehearing in Supreme Court of Appeals.

§56-3-30. Repealed. Acts, 1967 Reg. Sess., Ch. 105.

§56-3-31. Actions by or against nonresident operators of motor vehicles involved in highway accidents; appointment of Secretary of State, insurance company, as agents; service of process.

§56-3-32. Process is part of record without oyer.

§56-3-33. Actions by or against nonresident persons having certain contacts with this state; authorizing Secretary of State to receive process; bond and fees; service of process; definitions; retroactive application.

§56-3-33a. Actions against nonresident persons by petitioners seeking domestic violence or personal safety relief; service of process; authorizing Secretary of State to receive process against nonresidents.

§56-3-34. Actions by or against nonresident bail bond enforcement agents or bail bondsmen; appointment of Secretary of State as agents; service of process.

CHAPTER 56, ARTICLE 4. RULES AND PLEADING.

§56-4-1. Rule days.

§56-4-2. Rule docket.

§56-4-3. Rule entries.

§56-4-4. Continuance at rules in absence of clerk.

§56-4-5. What rules may require.

§56-4-6. Time for appearance; rule to file declaration; nonsuit for nonprosecution; damages.

§56-4-7. Dismissal for failure to file declaration or bill.

§56-4-8. Return to show defendant's nonresidence; abatement as to nonresident not served.

§56-4-9. Minors may sue by next friend or guardian; substitution of plaintiffs.

§56-4-10. Guardian ad litem.

§56-4-11. Transfer of cases from law to equity and vice versa.

§56-4-12. Abatement for want of form in declaration.

§56-4-13. Unnecessary averments in trespass on the case.

§56-4-14. Allegations of place where contract was made or act done.

§56-4-15. Averments as to jurisdiction; profert; oyer.

§56-4-16. Allegations not traversable nor requiring proof.

§56-4-17. Form of declaration or count on insurance policy.

§56-4-18. Filing account in assumpsit.

§56-4-19. Statement of particulars of claim.

§56-4-20. Statement of particulars of defense.

§56-4-21. Plea in action on insurance policy; statement specifying particular defense.

§56-4-22. Same -- Joinder in issue; statement specifying matter in waiver, estoppel or confession and avoidance.

§56-4-23. Failure to file statement; insufficient statement; amendment; exclusion of evidence of party in default; sufficiency of statement.

§56-4-24. Right to amend in general.

§56-4-25. Amended declaration or bill, supplemental bill or bill of revivor in vacation.

§56-4-26. Amendment after demurrer is sustained.

§56-4-27. Amendment to cure variance between pleading and proof.

§56-4-28. Continuance and costs after amendment.

§56-4-29. Plea in abatement -- Misnomer; amendment inserting correct name.

§56-4-30. Same -- Plea in abatement for defects in writ or return; variance from declaration; void process.

§56-4-31. Same -- Plea in abatement for want of jurisdiction.

§56-4-32. Same -- Verification of plea in abatement and of non est factum; may be pleaded and verified by attorney or agent of defendant.

§56-4-33. Same -- Time for filing plea in abatement.

§56-4-34. Misjoinder and nonjoinder of parties.

§56-4-35. Verdict and judgment as to particular defendants; costs.

§56-4-36. Scope of demurrer; objections to filing of pleadings for insufficiency abolished; form, grounds and argument.

§56-4-37. Defects disregarded on demurrer.

§56-4-38. Pleading in abatement and in bar at same time; trial of issues.

§56-4-39. Pleading several defenses; demurrer and special replications to special plea.

§56-4-40. Commencement of plea.

§56-4-41. Unnecessary allegations in pleas, etc.

§56-4-42. Omission of protestation.

§56-4-43. Conclusion of traverse.

§56-4-44. When parties may proceed without similiter or joinder in demurrer.

§56-4-45. Unnecessary allegations in second or other plea.

§56-4-46. Pleading denying execution of writing or entry or genuineness of judgment or decree.

§56-4-47. Plea denying partnership; form of denial of corporate existence.

§56-4-48. Judgment or decree by confession.

§56-4-49. Failure to plead, answer or demur; rule to plead; conditional judgment or decree nisi; judgment or decree by default; order for inquiry of damages.

§56-4-50. When inquiry of damages unnecessary.

§56-4-51. Office judgment; affidavits by plaintiff and defendant; judgment.

§56-4-52. Setting aside office judgment; trial.

§56-4-53. Hearing as to defendants served; discontinuance.

§56-4-54. Form of bill of complaint.

§56-4-55. Jury trial of issue upon plea in equity.

§56-4-56. Argument of plea or demurrer in equity; time to answer after demurrer overruled; proceeding on default; status of answer filed in vacation.

§56-4-57. Time to answer in general.

§56-4-58. Claim in answer for affirmative relief; special reply.

§56-4-59. Answer asking affirmative relief equivalent to crossbill.

§56-4-60. Admissions in equity by failure to deny.

§56-4-61. Proof of allegations denied by answer.

§56-4-62. Verification of pleadings in equity.

§56-4-63. Appearance of corporation by attorney; verification of pleading of corporation.

§56-4-64. Form of verification of pleading.

§56-4-65. Exceptions to answers for insufficiency abolished; test by demurrer; amended answer; procedure if amended answer is insufficient.

§56-4-66. Attachment or order to answer interrogatories.

§56-4-67. Insufficient answer after rule.

§56-4-68. Setting cause in equity for hearing.

§56-4-69. Hearing as to one defendant; rule to mature cause.

§56-4-70. Control by court over proceedings in office during vacation.

§56-4-71. Pleadings and proof in actions on bonds, notes or other evidences of debt subject to taxation.

CHAPTER 56, ARTICLE 5. PAYMENT AND SETOFF.

§56-5-1. Payment before action is brought may be pleaded.

§56-5-2. Payment into court after action is brought.

§56-5-3. Acceptance of payment into court; trial of issue as to residue.

§56-5-4. Setoff generally; plea or account of setoff; counter setoff; trial.

§56-5-5. Special pleas in the nature of pleas of setoff; verification.

§56-5-6. When special plea bar to relief in equity; nature of replication.

§56-5-7. Application of article to voluntary bonds or deeds.

§56-5-8. Setoff as to part of demand; continuance.

§56-5-9. Status of defendant with reference to setoff; verdict and judgment.

CHAPTER 56, ARTICLE 6. TRIAL.

§56-6-1. Law docket.

§56-6-2. Chancery docket.

§56-6-3. Application for hearing.

§56-6-4. Direction and trial of issues out of chancery.

§56-6-5. Trial of action at law; separate verdicts on different issues; interrogatories to jury.

§56-6-6. Time for trial, execution of order and rendering of final judgment.

§56-6-7. Continuance upon affidavit because of absence of witness.

§56-6-8. Continuance of causes at end of term.

§56-6-9. Case not to be discontinued by failure to sign judgment.

§56-6-10. Stay of proceedings until other action, suit or proceeding decided.

§56-6-11. Execution of order of inquiry and trial of case by court; six-member jury in civil trials; twelve-member jury in eminent domain and criminal trials.

§56-6-12. Qualifications of jurors; examination on voir dire; peremptory challenges.

§56-6-12a. Alternate jurors for protracted civil cases; qualifications and challenges.

§56-6-13. Special jury in civil cases.

§56-6-14. Juror having matter of fact to be tried disqualified.

§56-6-15. Exceptions against jurors after being sworn.

§56-6-16. Irregularities affecting the jury; time for objection.

§56-6-17. View by jury.

§56-6-18. Disclosure by juror of knowledge of facts in issue.

§56-6-19. Instructions to jury generally; form and manner of giving.

§56-6-20. Reading instructions to jury; instructions part of record.

§56-6-21. Time for examining instructions, objecting thereto and settlement thereof.

§56-6-22. Oral instructions by court; written instructions during trial.

§56-6-23. Papers taken by jury.

§56-6-24. Argument of counsel.

§56-6-25. Time limitation as to nonsuit.

§56-6-26. How verdict may be affected by faulty count.

§56-6-27. Interest on claim and verdict.

§56-6-28. New trial.

§56-6-29. Judgment or decree to be for aggregate of principal and interest to date of verdict.

§56-6-30. Action on contract for payments in installments or on bond with collateral condition.

§56-6-31. Interest on judgment or decree.

§56-6-32. Recovery against one or more contract defendants.

§56-6-33. Judgment or decree against personal representative or committee; costs.

§56-6-34. Issuance of executions during term.

§56-6-35. Bills of exceptions generally.

§56-6-36. Certificate in lieu of bill of exceptions.

§56-6-36a. Settling, signing and certifying bill of exceptions or certificate in lieu thereof by judge other than judge before whom case was tried.

§56-6-37. How certificate of trial judge or bills of exceptions to be considered; instructions in transcript all presumed to be given by court.

§56-6-38. Hearing of chancery causes in open court; oral testimony; rules of evidence; transcript for appeal.

§56-6-39. Hearing of motion; action or chancery cause in vacation; certification, entry and effect of order or decree.

§56-6-40. Contempt proceedings in vacation.

§56-6-41. Certification and entry of vacation orders.

CHAPTER 56, ARTICLE 7. PROCEDURE ON ORDERS OF REFERENCE.

§56-7-1. To what commissioner or person accounts to be referred; territorial jurisdiction; recommittal.

§56-7-2. Order of reference before case on docket.

§56-7-3. Notice by commissioner.

§56-7-4. Instruction of commissioner by judge.

§56-7-5. When account to be taken.

§56-7-6. Proof of debt before commissioner by affidavit; counter affidavit.

§56-7-7. Adjournment of hearing; notice of completion of report; exceptions.

§56-7-8. Contents of commissioner's report.

§56-7-9. When cause may be heard on report.

§56-7-10. Taking accounts in actions at law.

CHAPTER 56, ARTICLE 8. ABATEMENT, REVIVAL, DISCONTINUANCE, REINSTATEMENT OF SUITS; SUBSTITUTION OF PARTIES.

§56-8-1. Judgment upon death, conviction or insanity of party; termination of powers of guardian, etc.

§56-8-2. Death of joint party; revival of pending suit or action.

§56-8-3. Marriage of female party.

§56-8-4. Cases on review.

§56-8-5. Scire facias or motion for revival; continuance.

§56-8-6. Time for issuance of scire facias; entering order at rules.

§56-8-7. Proceedings after revival against defendant whose powers cease.

§56-8-8. When suit discontinued unless revived.

§56-8-9. Discontinuance for failure to prosecute or pay court costs.

§56-8-10. Death of one of numerous parties in equity.

§56-8-11. Death of trustee and appointment of substitute in pending suit.

§56-8-12. Reinstatement of dismissed case or nonsuit.

§56-8-13. Further proceedings after reinstatement of case.

CHAPTER 56, ARTICLE 9. REMOVAL OF CAUSES.

§56-9-1. Removal of causes generally; notice; motion.

§56-9-2. Removal where it is improper for judge to hear case.

§56-9-3. Transfer of papers; proceedings after removal; costs.

CHAPTER 56, ARTICLE 10. MISCELLANEOUS PROVISIONS RELATING TO PROCEDURE.

§56-10-1. Interpleader.

§56-10-2. Who may execute bonds required in suits.

§56-10-3. Recovery of damages for detention of property after verdict.

§56-10-4. Repealed. Acts, 2002 Reg. Sess., Ch. 80.

§56-10-5. Partition of goods or chattels.

§56-10-6. Affidavits by corporations and agents.

§56-10-7. Right of circuit judge to hold hearings and enter orders in any county of circuit unless objection filed; jury cases excepted.

§56-10-8. Priority of cases involving placement of children.

CHAPTER 56, ARTICLE 11. JUDICIAL COUNCIL FOR STUDY OF PROCEDURE AND PRACTICE.

§56-11-1. Repealed.Acts, 1986 Reg. Sess., Ch. 153.

§56-11-2. Repealed.Acts, 1986 Reg. Sess., Ch. 153.

§56-11-3. Repealed.Acts, 1986 Reg. Sess., Ch. 153.

§56-11-4. Repealed.Acts, 1986 Reg. Sess., Ch. 153.

§56-11-5. Repealed.Acts, 1986 Reg. Sess., Ch. 153.

§56-11-6. Repealed.Acts, 1986 Reg. Sess., Ch. 153.

§56-11-7. Repealed.Acts, 1986 Reg. Sess., Ch. 153.

§56-11-8. Repealed.Acts, 1986 Reg. Sess., Ch. 153.

§56-11-9. Repealed.Acts, 1986 Reg. Sess., Ch. 153.

§56-11-10. Repealed.Acts, 1986 Reg. Sess., Ch. 153.

§56-11-11. Repealed.Acts, 1986 Reg. Sess., Ch. 153.

CHAPTER 56, ARTICLE 12. UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT.

§56-12-1. Short title.

§56-12-2. Definitions.

§56-12-3. Issuance of subpoena.

§56-12-4. Service of subpoena.

§56-12-5. Deposition, production and inspection.

§56-12-6. Application to court.

§56-12-7. Uniformity of application and construction.

§56-12-8. Application to pending actions.

CHAPTER 57. EVIDENCE AND WITNESSES.

CHAPTER 57, ARTICLE 1. LEGISLATIVE ACTS AND RESOLUTIONS; PUBLIC RECORDS.

§57-1-1. Copies of legislative journals, acts and resolutions.

§57-1-2. Local or private acts and resolutions of Legislature; judicial notice thereof.

§57-1-3. Copies of Virginia laws.

§57-1-4. Judicial notice of foreign laws.

§57-1-5. Notice by courts and officers of signatures of judges or Governor.

§57-1-6. Copies of certain deeds.

§57-1-7. Copies of records, bonds or papers in public offices; certificate of Auditor.

§57-1-7a. Use of photographic copies in evidence; state records, papers or documents; destruction or transfer to archives of originals; destruction of canceled checks and paid and canceled bonds and coupons.

§57-1-7b. Use of photographic copies in evidence -- Business and public records; destruction of originals.

§57-1-7c. Use of microfilm or microcards to reproduce and preserve records; destruction or transfer of originals to archivist.

§57-1-7d. Records provided on computer or optical disc.

§57-1-8. Copy of writing filed in one suit may be filed in another suit on same writing.

§57-1-9. Application of §§57-1-7 and 57-1-8 to records or papers in public offices in Virginia.

§57-1-10. Certificate of clerk of county court as to certain tax records.

§57-1-11. Withdrawal of original paper filed in cause; retention of copy.

§57-1-12. Authentication of records and proceedings of courts of United States or other states; full faith and credit.

§57-1-13. Authentication of public records not pertaining to courts; full faith and credit.

§57-1-14. Authentication of foreign deeds, powers of attorney, policies of insurance, etc.

CHAPTER 57, ARTICLE 2. WRITINGS AND STATEMENTS OF PRIVATE PERSONS.

§57-2-1. Handwriting analysis.

§57-2-2. When attesting witness need not be called.

§57-2-3. Statement by accused upon legal examination.

§57-2-4. Justification and mitigation of damages in action for defamation.

CHAPTER 57, ARTICLE 3. COMPETENCY OF WITNESSES.

§57-3-1. Party or interested person competent as witness; exception as to transaction or communication with deceased or insane person; right of person sued to give evidence in action for death by wrongful act.

§57-3-2. Competency of husband and wife to testify.

§57-3-3. Testimony of husband and wife in criminal cases.

§57-3-4. Confidential communications between husband and wife.

§57-3-5. Competency of convicts as witnesses.

§57-3-6. Competency of accused as witness.

§57-3-7. No person incompetent as witness by reason of race or color.

§57-3-8. Competency of chiropractors as witnesses.

§57-3-9. Communications to priests, nuns, clergy, rabbis, Christian Science practitioners or other religious counselors not subject to being compelled as testimony.

§57-3-10. Reporters' Privilege.

CHAPTER 57, ARTICLE 4. DEPOSITIONS AND PERPETUATION OF TESTIMONY.

§57-4-1. Taking and certification of depositions -- Generally.

§57-4-2. Taking and certification of depositions -- Out-of state and in foreign countries.

§57-4-3. Notice of taking of depositions; when deposition may be read in equity.

§57-4-4. Circumstances under which deposition may be read in case at law; attendance of deponent out of county may be required.

§57-4-5. When deposition may be read by adverse party.

§57-4-6. Taking deposition after judgment, decree or order; reading thereof in future trial.

§57-4-7. How testimony perpetuated.

CHAPTER 57, ARTICLE 5. MISCELLANEOUS PROVISIONS.

§57-5-1. Summons for witnesses.

§57-5-2. When witness may be compelled to give evidence against himself immunity of witness from prosecution.

§57-5-3. Production of writings -- By party.

§57-5-4. Production of writings -- By person other than party.

§57-5-4a. Hospital records; definitions.

§57-5-4b. Hospital records; furnishing copies in compliance with subpoenas.

§57-5-4c. Hospital records; sealing, identification and direction of copies.

§57-5-4d. Hospital records; opening of sealed envelopes.

§57-5-4e. Hospital records; custodian's affidavit; charges.

§57-5-4f. Hospital records; admissibility of copies and affidavits.

§57-5-4g. Hospital records; obtaining personal attendance of custodian.

§57-5-4h. Hospital records; obtaining personal attendance of custodian and production of original record.

§57-5-4i. Hospital records; substitution of copies after introduction of originals.

§57-5-4j. Hospital records; evidence of reasonableness of medical expenses.

§57-5-5. Failure of witness to attend or produce writing.

§57-5-6. Commitment to jail of person attending but refusing to testify or produce writing.

§57-5-7. Interpreters required.

§57-5-8. Who may administer oath to witness.

§57-5-9. Administration of oaths or taking of affidavits; authentication of affidavit made in another state or country; oaths and affidavits of persons in military service.

§57-5-10. Affidavit of nonresidence; affidavit of publication in newspaper.

§57-5-11. Disposal of exhibits or articles offered in evidence; disposal of property in hands of law-enforcement officials.

§57-5-12. Certain documents deemed duplicates.

CHAPTER 58. APPEAL AND ERROR.

CHAPTER 58, ARTICLE 1. ERRORS NOT REVERSIBLE.

§58-1-1. Repealed.Acts, 1998 Reg. Sess., Ch. 110.

§58-1-2. Repealed.Acts, 1998 Reg. Sess., Ch. 110.

§58-1-3. Repealed.Acts, 1998 Reg. Sess., Ch. 110.

CHAPTER 58, ARTICLE 2. REVIEW IN LOWER COURT.

§58-2-1. Repealed.Acts, 1998 Reg. Sess., Ch. 110.

§58-2-2. Repealed.Acts, 1998 Reg. Sess., Ch. 110.

§58-2-3. Repealed.Acts, 1998 Reg. Sess., Ch. 110.

§58-2-4. Repealed.Acts, 1998 Reg. Sess., Ch. 110.

§58-2-5. Repealed.Acts, 1998 Reg. Sess., Ch. 110.

§58-2-6. Repealed.Acts, 1998 Reg. Sess., Ch. 110.

§58-2-7. Repealed.Acts, 1998 Reg. Sess., Ch. 110.

CHAPTER 58, ARTICLE 3. APPEALS FROM COUNTY COMMISSIONS.

§58-3-1. When appeal lies to circuit court.

§58-3-1a. Procedures for appeals.

§58-3-2. When procedure to be controlled by provisions of this article.

§58-3-3. Bills or certification of exceptions for appeal; refusal of commissioner to sign bill or certificate; party availing of error without formal bill.

§58-3-4. Presentation of petition for appeal; when petition must be presented; original record to accompany petition.

§58-3-5. Procedure when appeal allowed.

§58-3-6. Application to Supreme Court of Appeals when appeal refused by circuit court; action by Supreme Court of Appeals.

§58-3-7. Procedure upon circuit court's decision.

CHAPTER 58, ARTICLE 4. APPEALS FROM COURTS OF RECORD OF LIMITED JURISDICTION.

§58-4-1. When appeal, writ of error or supersedeas to be awarded by circuit court or judge.

§58-4-2. Certification to appellate courts as to sufficiency of summons, return of service, pleading, motion for summary judgment, etc.

§58-4-3. Petition for writ of error, appeal or supersedeas.

§58-4-4. Time for appeal or writ of error; notice of intent to file petition in criminal cases to be filed with clerk stating grounds.

§58-4-5. Stay of proceedings; bond.

§58-4-6. Filing of petition; transmission of petition and record; payment of expenses and fees; compensation of clerk; return of record.

§58-4-7. Order showing action of circuit court on petition; second petition; application to Supreme Court of Appeals or judge thereof.

§58-4-8. Certiorari for omitted portion of record.

§58-4-9. Allowance of appeal or writ of error or supersedeas; stay of proceedings.

§58-4-10. Docketing case.

§58-4-11. Issuance of summons and supersedeas; order of publication; service and return of certified copy of order.

§58-4-12. Indorsements on writs as to bond.

§58-4-13. Appeal bond.

§58-4-14. Time for presenting and giving bond.

§58-4-15. Time and manner of hearing.

§58-4-16. Petition to be heard and case decided upon original record.

§58-4-17. Judgment of circuit court; appeal or writ of error to Supreme Court of Appeals.

§58-4-18. Procedure after circuit court's decision of the appeal or writ of error.

§58-4-18a. Writ of error to judgment quashing indictment.

§58-4-19. When law and rules governing appeals to Supreme Court of Appeals to apply.

CHAPTER 58, ARTICLE 5. APPELLATE RELIEF IN THE INTERMEDIATE COURT OF APPEALS AND THE SUPREME COURT OF APPEALS.

§58-5-1. When appeal lies.

§58-5-2. Certification to Supreme Court of Appeals.

§58-5-3. Presentation of petition.

§58-5-4. Time for appeal.

§58-5-5. Stay of proceedings pending appeal; supersedeas bond; post-conviction bail.

§58-5-6. Filing of petition.

§58-5-7. Contents of transcript of record.

§58-5-8. Repealed. Acts, 1998 Reg. Sess., Ch. 110.

§58-5-9. Repealed. Acts, 1998 Reg. Sess., Ch. 110.

§58-5-10. Repealed. Acts, 1998 Reg. Sess., Ch. 110.

§58-5-11. Repealed. Acts, 1998 Reg. Sess., Ch. 110.

§58-5-12. Repealed. Acts, 1998 Reg. Sess., Ch. 110.

§58-5-13. Repealed. Acts, 1998 Reg. Sess., Ch. 110.

§58-5-14. Appeal bond generally; limitation on amount.

§58-5-15. Repealed. Acts, 1998 Reg. Sess., Ch. 110.

§58-5-16. Repealed. Acts, 1998 Reg. Sess., Ch. 110.

§58-5-17. Repealed. Acts, 1998 Reg. Sess., Ch. 110.

§58-5-18. Repealed. Acts, 1998 Reg. Sess., Ch. 110.

§58-5-19. Repealed. Acts, 1998 Reg. Sess., Ch. 110.

§58-5-20. Repealed. Acts, 1998 Reg. Sess., Ch. 110.

§58-5-21. Repealed. Acts, 1998 Reg. Sess., Ch. 110.

§58-5-22. Repealed. Acts, 1998 Reg. Sess., Ch. 110.

§58-5-23. Repealed. Acts, 1998 Reg. Sess., Ch. 110.

§58-5-24. Repealed. Acts, 1998 Reg. Sess., Ch. 110.

§58-5-25. Repealed. Acts, 1998 Reg. Sess., Ch. 110.

§58-5-26. Repealed. Acts, 1998 Reg. Sess., Ch. 110.

§58-5-27. Repealed. Acts, 1998 Reg. Sess., Ch. 110.

§58-5-28. Repealed. Acts, 1998 Reg. Sess., Ch. 110.

§58-5-29. Repealed. Acts, 1998 Reg. Sess., Ch. 110.

§58-5-30. Appeal by state of judgment quashing indictment.

§58-5-31. Repealed. Acts, 1998 Reg. Sess., Ch. 110.

CHAPTER 59. FEES, ALLOWANCES AND COSTS; NEWSPAPERS; LEGAL ADVERTISEMENTS.

CHAPTER 59, ARTICLE 1. FEES AND ALLOWANCES.

§59-1-1. Fee for use of state seal.

§59-1-2. Fees to be charged by Secretary of State.

§59-1-2a. Annual business fees to be paid to the Secretary of State; filing of annual reports; purchase of data.

§59-1-2b. Purchase of voter registration lists and election data; fees.

§59-1-2c. Young Entrepreneur Reinvestment Act; certain fees waived.

§59-1-3. Fees to be charged by Auditor.

§59-1-4. Fees collected by Secretary of State, Auditor and Clerk of Supreme Court of Appeals to be paid into State Treasury; accounts; reports.

§59-1-5. Violations of preceding section.

§59-1-6. Fees to be charged by surveyors.

§59-1-7. Fees to be charged by notaries public.

§59-1-8. Compensation of commissioners of courts.

§59-1-9. Compensation of fiduciary commissioners; procedure for approving.

§59-1-10. Fees to be charged by clerk of county commission.

§59-1-11. Fees to be charged by clerk of circuit court.

§59-1-11a. Additional costs in certain criminal proceedings.

§59-1-12. Payment of fines by credit card or payment plan.

§59-1-13. Fees to be charged by Clerk of Supreme Court of Appeals.

§59-1-14. Fees to be charged by sheriffs.

§59-1-15. Payments to sheriffs and clerks out of state or county treasury.

§59-1-16. Amount of allowance to witnesses for attendance; how and when made.

§59-1-17. By whom witnesses paid; on what certificate; clerk's certificate as to claims; dispute as to claims.

§59-1-18. To whom fees charged; services by clerks and sheriffs without fees.

§59-1-19. Fee books of clerks.

§59-1-20. Making out fee bills; motion to quash improper fee bill; prepayment of fees.

§59-1-21. Fee bills of county clerk.

§59-1-22. Duties of successor of deceased clerk with reference to fee books and fee bills.

§59-1-23. Requisites and effect of fee bills for services of deceased clerk.

§59-1-24. Collection of fees; receipt.

§59-1-25. Accounting for fees.

§59-1-26. Limitation on distress or suit for collection of fees.

§59-1-27. Lodging fee bills and certificates in clerk's office; application of costs to payment thereof; prepayment or security to officer.

§59-1-28. Use and disposition of fees of sheriffs, clerks and prosecuting attorneys.

§59-1-28a. Disposition of filing fees in civil actions and fees for services in criminal cases.

§59-1-29. Collection of such fees.

§59-1-30. Books of account to be kept by officers.

§59-1-31. Monthly payments; how credited; report required.

§59-1-32. Reduction or remission of fees prohibited; penalty for default in payment.

§59-1-33. Deposit for costs.

§59-1-34. Repealed. Acts, 1967 Reg. Sess., Ch. 105.

§59-1-35. Supervision by chief inspector of public offices.

§59-1-36. Fees and allowances for poor persons.

§59-1-37. Deposits by county officers in noninterest bearing or interest bearing accounts; payment to county general fund; annual report.

§59-1-38. County officers to issue receipts of collections.

§59-1-39. Removal of county officer.

CHAPTER 59, ARTICLE 2. COSTS GENERALLY.

§59-2-1. Suits by persons financially unable to pay.

§59-2-2. Repealed. Acts, 2006 Reg. Sess., Ch. 36.

§59-2-3. New bond.

§59-2-4. Costs on motions and interlocutory proceedings.

§59-2-5. Payment of costs on granting of new trial or continuance.

§59-2-6. Where recovery of damages less than fifty dollars in action ex delicto.

§59-2-7. Judgment where recovery is fifty dollars or less in action ex contractu.

§59-2-8. Costs on final judgment; judgment for, or discontinuance as to, some of defendants.

§59-2-9. Costs when original papers or record replaced.

§59-2-10. Suit by one person for benefit of another.

§59-2-11. Laws as to costs not deemed penal; discretion of court of equity as to costs; costs in appellate courts.

§59-2-12. Costs when case dismissed for want of jurisdiction.

§59-2-13. Who is to tax costs.

§59-2-14. Taxation of statute fees.

§59-2-15. General taxation of costs.

§59-2-16. Taxation of costs for witnesses; entry after execution or adjournment; assignment or transfer of costs.

§59-2-17. Fees of prosecuting attorney.

§59-2-18. Judgment or decree on behalf of state for costs.

§59-2-19. Premiums on surety company bonds.

CHAPTER 59, ARTICLE 3. NEWSPAPERS AND LEGAL ADVERTISEMENTS.

§59-3-1. Definitions and general provisions.

§59-3-2. Classification of legal advertisements; designation of newspapers; frequency of publication; posting; manner of publishing; publication of notices for the state and its agencies.

§59-3-3. Rates for legal advertisements; computation; filing affidavits with Secretary of State.

§59-3-4. Proof of publication and posting.

§59-3-5. Mandamus to compel publication.

§59-3-6. Political advertisements.

§59-3-7. Criminal and civil penalties.

§59-3-8. Construction of article; repeal; subsequent legislation.

§59-3-9. Severability.

CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.

CHAPTER 60, ARTICLE 1. GENERAL PROVISIONS.

§60-1-1. Purpose of chapter; declaration of legislative findings, policy and intent.

§60-1-2. Applicability of chapter.

§60-1-3. Restrictions on sale, manufacture or consumption; exceptions.

§60-1-3a. Off-premises sales not required to be bagged.

§60-1-4. Sales to be made by or through West Virginia Alcohol Beverage Control Commissioner.

§60-1-5. Definitions.

§60-1-5a. Farm wineries defined.

§60-1-5b. Mini-distilleries defined.

§60-1-5c. Alternating wine proprietorships; requirements and limitations.

§60-1-5d Micro-distilleries defined.

§60-1-6. How chapter cited.

§60-1-7. Applicability of chapter to nonintoxicating beer.

CHAPTER 60, ARTICLE 2. ALCOHOL BEVERAGE CONTROL COMMISSIONER.

§60-2-1. Office created; powers and functions generally; office of liquor control commissioner abolished and powers transferred.

§60-2-2. Appointment of commissioner.

§60-2-3. Term of office; vacancy.

§60-2-4. Repealed. Acts, 1991 Reg. Sess., Ch. 118.

§60-2-5. Repealed. Acts, 1991 Reg. Sess., Ch. 118.

§60-2-6. Repealed. Acts, 1991 Reg. Sess., Ch. 118.

§60-2-7. Oath and bond.

§60-2-8. Repealed. Acts, 1991 Reg. Sess., Ch. 118.

§60-2-9. Salary and expenses.

§60-2-10. Repealed. Acts, 2003 Reg. Sess., Ch. 69.

§60-2-11. Powers and duties.

§60-2-12. Assistants and employees.

§60-2-13. Bonds of employees.

§60-2-14. Authority to grant and revoke licenses.

§60-2-15. Regulation of advertising.

§60-2-16. Rules and regulations.

§60-2-17. Powers and duties exercised by employees.

§60-2-17a. Law enforcement cooperation.

§60-2-17b. Wine and liquor operating fund established; operations fee; fund issues.

§60-2-18. Hearings and proceedings.

§60-2-19. Legal services.

§60-2-20. Civil responsibility.

§60-2-21. Audit.

§60-2-22. Authority to utilize scanner technology in sales; authority to execute contracts relating thereto.

CHAPTER 60, ARTICLE 3. SALES BY COMMISSIONER.

§60-3-1. Sales at retail and wholesale.

§60-3-2. Establishment and discontinuance of stores and agencies; location.

§60-3-3. Warehouses.

§60-3-4. Managers and employees of stores.

§60-3-5. Rules and regulations to govern stores and agencies.

§60-3-6. Agencies to procure stocks; sales at retail.

§60-3-7. Compensation and bond of agent.

§60-3-8. Agent to make no profit from sales.

§60-3-9. Uniform prices; posting and distribution of price lists; continuation of price increase on alcoholic liquors.

§60-3-9a. Repealed. Acts, 1991 Reg. Sess., Ch. 118.

§60-3-9b. Repealed. Acts, 1991 Reg. Sess., Ch. 118.

§60-3-9c. Repealed. Acts, 1991 Reg. Sess., Ch. 118.

§60-3-9d. Tax on purchases of intoxicating liquors inside and outside corporate limits of municipalities.

§60-3-10. Records and accounts for stores and agencies; reports and audits.

§60-3-11. Stock or inventory control.

§60-3-12. Days and hours state stores and agencies may open.

§60-3-13. Advertising or recommendation of brands prohibited.

§60-3-14. Acquisition of equipment, etc.; analysis of liquors.

§60-3-15. Amount of operating fund and value of inventory stock allowed; contract for manufacture of state brand; ordering listed and unlisted brands.

§60-3-16. Sale in sealed packages; manufacturer's label.

§60-3-17. Regulations as to handling and depositing of moneys collected; monthly remittances; penalty.

§60-3-18. Operating fund continued; use; maximum amount.

§60-3-19. Repealed. Acts, 1966 Reg. Sess., Ch. 3.

§60-3-19a. Repealed. Acts, 1991 Reg. Sess., Ch. 118.

§60-3-20. Sales, mode of payment.

§60-3-21. Limitation on amount to be sold.

§60-3-22. Sales to certain persons prohibited.

§60-3-22a. Unlawful acts by persons.

§60-3-23. Conduct of purchasers upon premises of state store.

§60-3-24. Authority of employees to make arrests; penalty for resisting or assaulting employee; enforcement of chapter.

§60-3-25. Permit for farm winery to import produce in excess of established limits.

§60-3-26. Sale of certain liquors prohibited.

CHAPTER 60, ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSEES.

§60-3A-1. Short title.

§60-3A-2. Legislative findings and declaration; legislative purpose.

§60-3A-2a. Further legislative findings, declarations and purpose.

§60-3A-3. Sale of liquor by retail licensees permitted; cessation of retail sale of liquor by state.

§60-3A-3a. Liquor sampling.

§60-3A-3b. Private liquor delivery license for a retail liquor outlet or a third party; requirements; limitations; third party license fee; private liquor bottle delivery permit; requirements, and curbside in-person and in-vehicle delivery by a retail liquor outlet.

§60-3A-4. Definitions.

§60-3A-5. Creation of retail liquor licensing board; members, terms, meetings and officers; general provisions.

§60-3A-6. General powers and duties of board and commissioner.

§60-3A-7. Market zones; Class A and Class B retail licenses.

§60-3A-8. Retail license application requirements; retail licensee qualifications.

§60-3A-9. Investigation of applicants for retail license; notification to applicants approving or denying application; general provisions relating to licensing.

§60-3A-10. Bidding procedure.

§60-3A-10a. Preference for resident bidders.

§60-3A-10b. Bidding procedure for licenses issued for the ten-year period beginning July 1, 2010; purchase options for bids beginning July 1, 2010; and licenses issued for each ten-year period thereafter.

§60-3A-10c. Criminal penalties for unlawful inducement.

§60-3A-10d. Financing option for retail licensees purchasing Class A retail licenses.

§60-3A-11. Bonding requirements.

§60-3A-12. Annual retail license fee; expiration and renewal of retail licenses.

§60-3A-13. Annual reports.

§60-3A-14. Sale, assignment or transfer of retail license.

§60-3A-15. Surrender of retail license.

§60-3A-16. Restriction on location of retail outlets.

§60-3A-17. Wholesale prices set by commissioner; retail licensees to purchase liquor from state; transportation and storage; method of payment.

§60-3A-18. Days and hours retail licensees may sell liquor.

§60-3A-19. Limitation on amount to be sold.

§60-3A-20. Nonapplication of article to retail sales of nonintoxicating beer.

§60-3A-21. Tax on purchases of liquor.

§60-3A-22. Requirement for posting informational sign.

§60-3A-23. Records required of retail licensees; inspection of records.

§60-3A-24. Unlawful acts by persons.

§60-3A-25. Certain acts of retail licensees prohibited; criminal penalties.

§60-3A-25a. Mandatory verification of age of persons purchasing alcohol.

§60-3A-26. Civil penalties.

§60-3A-27. Suspension or revocation of retail license.

§60-3A-27a. Revocation of license or reduction of authority to operate retail outlet for failure to operate retail outlet.

§60-3A-28. Notice of and hearing on revocation; right of appeal; appeal procedures.

§60-3A-29. Disposition of inventory upon revocation or surrender of retail license.

§60-3A-30. Repealed. Acts, 1999 Reg. Sess., Ch. 5.

§60-3A-31. Rules of construction; severability.

CHAPTER 60, ARTICLE 4. LICENSES.

§60-4-1. Grant and revocation of licenses; issuance or renewal for calendar year.

§60-4-2. Licenses for manufacture.

strong>§60-4-3. To whom licensed manufacturer may sell.

A person who is licensed to manufacture alcoholic liquors in this state may sell liquors in this state only to the West Virginia Alcohol Beverage Control Commissioner and to wholesalers and retailers licensed as provided in this chapter: Provided, That a holder of a winery or a farm winery license may sell wines and a holder of a distillery, mini-distillery, or micro-distillery license may sell alcoholic liquors manufactured by it in this state in accordance with the provisions of §60-6-2 of this code. Hours of retail sale by a winery or a farm winery or distillery, mini-distillery or micro-distillery are subject to regulation by the commissioner. A winery, distillery, farm winery, or mini-distillery may sell and ship alcoholic liquors outside of the state subject to provisions of this chapter.

§60-4-3a. Distillery, mini-distillery, and micro-distillery license to manufacture and sell.

§60-4-3b. Winery and farm winery license to manufacture and sell.

§60-4-3c. License required for sale and shipment of liquor by a distillery, mini-distillery or micro-distillery; shipment of limited quantities of liquor permitted by a private direct shipper; requirements; license fee, and penalties.

§60-4-4. Purchase and resale of alcoholic liquors and ethyl alcohol by wholesale druggists.

§60-4-5. Licenses for purchase at wholesale for industrial or scientific uses; wine for sacramental purposes.

§60-4-6. Purchase and resale of alcoholic liquors and ethyl alcohol by retail druggists.

§60-4-7. Stills used for laboratory or pharmaceutical purposes.

§60-4-7a. Individuals authorized to manufacture ethyl alcohol for use in the production of gasohol for personal use.

§60-4-8. Stills used by commercial chemists for laboratory purposes.

§60-4-9. Separate license for each place of business; change §60-4-10 of location.

§60-4-10. Notice of application for license.

§60-4-11. Time to file application and pay fee.

§60-4-12. License granted or refused within fifteen days; refund of fee.

§60-4-13. When license to be refused.

§60-4-14. Annual payment of license fee; effect of failure to pay.

§60-4-15. Amount of license fees.

§60-4-16. Records and monthly reports required of licensee.

§60-4-17. Rules, regulations and reports necessary for effective administration.

§60-4-18. Taxation, etc., of licensees by municipal corporations.

§60-4-19. When license revoked.

§60-4-20. Notice of and hearing on revocation; disposition of stock.

§60-4-21. Appeal.

§60-4-22. Wholesale representatives’ licenses.

§60-4-23. License to operate a facility where exotic entertainment is offered; definitions; restrictions, regulations and prohibitions; prohibitions against minors; application, renewal, license fee, restrictions on transfer; effective date; legislative rules; unlawful acts and penalties imposed.

CHAPTER 60, ARTICLE 5. LOCAL OPTION ELECTIONS.

§60-5-1. Election in county, magisterial district, or municipality.

§60-5-2. Election called on petition of five percent of qualified voters.

§60-5-3. Form of petition.

§60-5-4. Notice of election; when held; election officers.

§60-5-5. Form of ballot.

§60-5-6. How election conducted and results certified.

§60-5-7. Discontinuance of state stores and agencies in local option territory.

§60-5-8. When another election may be held.

§60-5-9. Allowing state-wide off premises of alcoholic liquors; exceptions; procedures.

CHAPTER 60, ARTICLE 6. MISCELLANEOUS PROVISIONS.

§60-6-1. When lawful to possess, use or serve alcoholic liquors.

§60-6-2. When lawful to manufacture and sell wine and cider.

§60-6-3. Applicability of chapter to certain uses of ethyl alcohol.

§60-6-4. Permitted use by druggists.

§60-6-5. Applicability of chapter to certain uses by physicians, druggists and others.

§60-6-6. Transporting alcoholic liquor in excess of ten gallons.

§60-6-7. Specific acts forbidden; indictment.

§60-6-8. Unlawful sale or possession by licensee.

§60-6-9. Intoxication or drinking in public places; illegal possession of alcoholic liquor; arrests by sheriffs or their deputies for violation in their presence; penalties.

§60-6-10. Unlawful operation of plant manufacturing distilled spirits; exception for personal consumption.

§60-6-11. Unlawful manufacture, etc., while armed.

§60-6-12. Transportation of alcoholic liquors into or through state; permits; bond of permittee.

§60-6-13. Restrictions on importing into, and transporting liquors in state.

§60-6-14. Repealed. Acts, 1937 Reg. Sess., Ch. 14.

§60-6-15. Penalties for violations not otherwise specified.

§60-6-16. Places deemed common and public nuisances; abatement; conspiracy.

§60-6-17. Suit to abate nuisances; injunction.

§60-6-18. Search warrants.

§60-6-19. Forfeiture of stills, etc.

§60-6-20. Contraband conveyances; forfeiture and disposition.

§60-6-21. Court procedure as to contraband and forfeited articles.

§60-6-22. Action to recover price of liquors sold unlawfully.

§60-6-23. Treatment of minors for addiction to alcoholic liquor and beer.

§60-6-24. Requirement for posting informational sign.

§60-6-25. Mandatory signs to be posted warning of the possible dangers of consumption of alcohol during pregnancy.

§60-6-26. Conditional discharge for first offense of certain offenses related to nonintoxicating beer or alcoholic liquor.

CHAPTER 60, ARTICLE 7. LICENSES TO PRIVATE CLUBS.

§60-7-1. Legislative findings and purposes.

§60-7-2. Definitions; authorizations; requirements for certain licenses.

§60-7-2a. Dual licensing permitted; conditions.

§60-7-3. Sale of alcoholic liquors and nonintoxicating beer by licensee authorized.

§60-7-4. Application for license; information required; verification; application to be accompanied by fees; bond; college fraternities and sororities ineligible for license; racial discrimination by applicants prohibited.

§60-7-4a. Notice of application for license to be given to municipal clerk or recorder; duties of clerk or recorder; consistency with zoning and community development programs; authority of commissioner.

§60-7-5. Investigation by commissioner; issuance or refusal of license; special requirements for clubs at parks and airports; form of license; license valid at one location only; expiration and renewal; transferability.

§60-7-6. Annual license fee; partial fee; and reactivation fee.

§60-7-6a. Special privilege of Class A private club licensee to operate separate but connected Class B license.

§60-7-7. Municipal fee.

§60-7-8. Application for permit to hold special nonalcoholic entertainment events for persons under age twenty-one.

§60-7-8a. Special license for a private fair and festival; licensee fee and application; license fee; license subject to provisions of article; exception.

§60-7-8b. One-day charitable rare, antique, or vintage liquor auction; licensee fee and application; license subject to provisions of article; exceptions.

§60-7-8c. Special license for a multi-vendor private fair and festival; license fee and application; license subject to provisions of article; exception.

§60-7-8d. Where private clubs may sell and serve alcoholic liquors and nonintoxicating beer or nonintoxicating craft beer.

§60-7-8e. Private club restaurant or private manufacturer club licensee’s authority to sell craft cocktail growlers.

§60-7-8f. Private delivery license for a licensed private club restaurant, private manufacturer club, or a third party; requirements; limitations; third party license fee; private cocktail delivery permit; and requirements.

§60-7-8g. Special permit for a qualified permit holder in a private outdoor designated area; license fee and application; license subject to provisions of article.

§60-7-8h. Special permit for a qualified non-profit permit holder in a private outdoor designated area; license fee and application; license subject to provisions of article.

§60-7-9. Repealed. Acts, 1986 Reg. Sess., Ch. 153.

§60-7-10. Duties and powers of commissioner.

§60-7-11. Licensee must purchase alcoholic liquors from or through commissioner or retail licensee; exceptions.

§60-7-12. Certain acts of licensee prohibited; criminal penalties.

§60-7-12a. Unlawful acts by persons.

§60-7-13. Revocation or suspension of license; monetary penalty; hearing; assessment of costs; establishment of enforcement fund.

§60-7-13a. Hearing on sanctioning of license; notice; review of action of commissioner; clerk of court to furnish commissioner copy of order or judgment of conviction of licensee; assessment of costs; procedure for appealing any final order of the commissioner which revokes, suspends, sanctions or denies the issuance or renewal of any license issued under this article.

§60-7-14. Forfeiture of bond; collection.

§60-7-15. License for the sale of nonintoxicating beer.

§60-7-16. Severability.

§60-7-17. Repealer.

CHAPTER 60, ARTICLE 8. SALE OF WINES.

§60-8-1. Construction and application of article.

§60-8-2. Definitions.

§60-8-3. Licenses; fees; general restrictions.

§60-8-3a. Certain wine specialty shops operating as grocery stores authorized to deliver wine curbside, mobile applications, or web-based sales allowed; permits; fees.

§60-8-4. Liter tax.

§60-8-5. Refund or credit of taxes.

§60-8-6. License or registration required for sale or shipment of wine; shipment of limited quantities of wine to adult residents permitted.

§60-8-6a. Direct shipper's license.

§60-8-6b. Deliveries by licensed wine specialty shop.

§60-8-6c. Winery and farm winery license to sell wine growlers and provide samples prior to purchasing a wine growler.

§60-8-6d. Wine retailer, wine specialty shop, private wine restaurant, private wine bed and breakfast, private wine spa, Class B retail dealer, private club restaurant, private manufacturer club, Class A retail licensee, and Class B retail licensee’s authority to sell wine growlers.

§60-8-6e. Private wine delivery license for a licensed Class A wine licensee or a third party; requirements; limitations; third party license fee; private retail transportation permit; and requirements.

§60-8-6f. Private wine delivery license for a licensed Class B wine licensee or a third party; requirements; limitations; third party license fee; private retail transportation permit; and requirements.

§60-8-6g. Special privilege of Class A private wine restaurant licensee to operate separate, but connected, Class B wine specialty shop license.

§60-8-7. Records; inspection.

§60-8-8. Repealed. Acts, 1991 Reg. Sess., Ch. 118.

§60-8-9. Repealed. Acts, 1991 Reg. Sess., Ch. 118.

§60-8-10. Repealed. Acts, 1991 Reg. Sess., Ch. 118.

§60-8-11. Repealed. Acts, 1991 Reg. Sess., Ch. 118.

§60-8-12. Repealed. Acts, 1991 Reg. Sess., Ch. 118.

§60-8-13. Repealed. Acts, 1991 Reg. Sess., Ch. 118.

§60-8-14. Repealed. Acts, 1983 Reg. Sess., Ch. 9.

§60-8-15. Repealed. Acts, 1991 Reg. Sess., Ch. 118.

§60-8-16. Application for license.

§60-8-17. License issuance or refusal; terms of license.

§60-8-18. Revocation, suspension, and other sanctions which may be imposed by the commissioner upon the licensee; procedure for appealing any final order of the commissioner which revokes, suspends, sanctions, or denies the issuance or renewal of any license issued under this article.

§60-8-19. To whom licensed manufacturer may sell.

§60-8-20. Unlawful acts generally.

§60-8-20a. Unlawful acts by persons.

§60-8-21. Sale in sealed, labeled packages required.

§60-8-22. Sales on credit prohibited; exception.

§60-8-23. Duties and powers of commissioner; rules.

§60-8-24. Disposition of revenue.

§60-8-25. Criminal penalties; public nuisances.

§60-8-26. Forfeiture of bond.

§60-8-27. Local option elections.

§60-8-28. Wine brand licensing and registration and review of wine labels.

§60-8-29. Affidavit of compliance required of distributors and suppliers.

§60-8-30. Exclusive franchise agreements prohibited.

§60-8-31. Other unlawful acts.

§60-8-32. Where wine may be sold at retail.

§60-8-32a. Where wine may be sold and consumed for on-premises consumption.

§60-8-33. Certain prohibitions not applicable.

§60-8-34. When retail sales prohibited.

§60-8-35. Other unlawful acts.

CHAPTER 60, ARTICLE 8A. MANUFACTURE AND SALE OF HARD CIDER.

§60-8A-1. Definition of Hard Cider.

§60-8A-2. Applicability of other laws and licenses.

§60-8A-3. Taxation; reporting; deposits into Agriculture Development Fund; penalties for failure to file returns; application of state tax law; rulemaking authority.

§60-8A-4. Fruit sources; phase in; applications.

§60-8A-5. Winery or farm winery licensee's authority to manufacture, sell, and provide samples; growler sales; advertisements; taxes; fees; rulemaking.

§60-8A-6. Rule-making authorization.

CHAPTER 60, ARTICLE 9. CIGARETTES PRODUCED FOR EXPORT; IMPORTED CIGARETTES.

§60-9-1. Definitions.

§60-9-2. Cigarettes produced for export -- prohibitions.

§60-9-3. Repealed. Acts, 2013 Reg. Sess., Ch. 60.

§60-9-4. Criminal penalties.

§60-9-5. Administrative sanctions.

§60-9-6. Unfair trade practices.

§60-9-7. Unfair cigarette sales.

§60-9-8. General enforcement provisions.

§60-9-9. Applicability.

CHAPTER 60, ARTICLE 10. ENFORCEMENT AUTHORITY RELATING TO RETAIL SALE OF SELECT PLANT-BASED DERIVATIVES.

§60-10-1. Enforcement authority; jurisdiction.

§60-10-2. General provisions.

CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES ACT.

CHAPTER 60A, ARTICLE 1. DEFINITIONS.

§60A-1-101. Definitions.

CHAPTER 60A, ARTICLE 2. STANDARDS AND SCHEDULES.

§60A-2-201. Authority of Board of Pharmacy; recommendations to Legislature.

§60A-2-202. Nomenclature.

§60A-2-203. Schedule I criteria.

§60A-2-204. Schedule I.

§60A-2-205. Schedule II criteria.

§60A-2-206. Schedule II.

§60A-2-207. Schedule III criteria.

§60A-2-208. Schedule III.

§60A-2-209. Schedule IV criteria.

§60A-2-210. Schedule IV.

§60A-2-211. Schedule V criteria.

§60A-2-212. Schedule V.

§60A-2-213. Review and printing of schedules by board; public information.

CHAPTER 60A, ARTICLE 3. REGULATION OF MANUFACTURE, DISTRIBUTION AND DISPENSING OF CONTROLLED SUBSTANCES.

§60A-3-301. Rules; fees.

§60A-3-302. Registration required; effect of registration; exemptions; waiver; inspections.

§60A-3-303. What applicants to be registered; determination of public interest; rights of registrants.

§60A-3-304. Suspension or revocation of registration generally.

§60A-3-305. Order to show cause before denying, suspending, etc., registration; proceedings thereon; when order not required.

§60A-3-306. Records of registrants.

§60A-3-307. Order forms.

§60A-3-308. Prescriptions.

CHAPTER 60A, ARTICLE 4. OFFENSES AND PENALTIES.

§60A-4-401. Prohibited acts; penalties

§60A-4-402. Prohibited acts B; penalties.

§60A-4-403. Prohibited acts C; penalties.

§60A-4-403a. Prohibition of illegal drug paraphernalia businesses; definitions; places deemed common and public nuisances; abatement; suit to abate nuisances; injunction; search warrants; forfeiture of property; penalties.

§60A-4-404. Penalties under other laws.

§60A-4-405. Bar to prosecution.

§60A-4-406. Distribution to persons under the age of 18 by persons over the age of 21; distribution by persons 18 or over in, on, or within 1,000 feet of, school or college; distribution by persons 18 or over in, on, or within 200 feet of a public library; increasing mandatory period of incarceration prior to parole eligibility.

§60A-4-407. Conditional discharge for first offense of possession.

§60A-4-407a. Authorizing additional requirements to obtain a final order of discharge and dismissal for persons charged with possession of controlled substances.

§60A-4-408. Second or subsequent offenses.

§60A-4-409. Prohibited acts – Transportation of controlled substances into state; penalties.

§60A-4-410. Prohibited acts -- Withholding information from practitioner; additional controlled substances; penalties.

§60A-4-411. Operating or attempting to operate clandestine drug laboratories; offenses; penalties.

§60A-4-412. Defeating drug and alcohol screening tests; penalties.

§60A-4-413. Unlawful production, manufacture or possession of Salvia divinorum.

§60A-4-414. Conspiracy.

§60A-4-415. Unlawful manufacture, delivery, transport into state, or possession of fentanyl.

§60A-4-416. Drug delivery resulting in death; failure to render aid.

§60A-4-417. Sale of dextromethorphan.

§60A-4-418. Use of a minor to commit a felony drug offense; penalties.

CHAPTER 60A, ARTICLE 5. ENFORCEMENT AND ADMINISTRATIVE PROVISIONS.

§60A-5-501. Powers of enforcement personnel.

§60A-5-502. Administrative inspections and warrants.

§60A-5-503. Injunctions.

§60A-5-504. Cooperative arrangements; confidentiality; treatment of minor without knowledge or consent of parent or guardian.

§60A-5-505. Repealed Acts, 1988 Reg. Sess., Ch. 23.

§60A-5-506. Burden of proof; liability of officers.

§60A-5-507. Judicial review.

§60A-5-508. Education and research.

§60A-5-509. Unlawful retaliation against health care providers.

CHAPTER 60A, ARTICLE 6. MISCELLANEOUS PROVISIONS.

§60A-6-601. Pending proceedings.

§60A-6-602. Continuation of orders and rules.

§60A-6-603. Uniformity of interpretation.

§60A-6-604. Short title.

§60A-6-605. Severability.

CHAPTER 60A, ARTICLE 7. WEST VIRGINIA CONTRABAND FORFEITURE ACT.

§60A-7-701. Short title.

§60A-7-702. Legislative findings.

§60A-7-703. Items subject to forfeiture; persons authorized to seize property subject to forfeiture.

§60A-7-704. Procedures for seizure of forfeitable property.

§60A-7-705. Procedures for forfeiture.

§60A-7-705a. Additional procedures for forfeiture.

§60A-7-706. Disposition of forfeited moneys, securities or other negotiable instruments; distribution of proceeds.

§60A-7-707. Disposition of other forfeited property; distribution of proceeds.

§60A-7-708. Bookkeeping procedures and internal controls.

CHAPTER 60A, ARTICLE 8. WHOLESALE DRUG DISTRIBUTION LICENSING ACT OF 1991.

§60A-8-1. Short title.

§60A-8-2. Scope.

§60A-8-3. Purpose.

§60A-8-4. Repealed. Acts, 2012 Reg. Sess., Ch. 203.

§60A-8-5. Definitions.

§60A-8-6. Prohibited drug purchases or receipt; penalties.

§60A-8-6a. Distribution of safety net drugs to contract pharmacies; penalties; and preemption.

§60A-8-7. Wholesale drug distributor licensing requirements.

§60A-8-8. License renewal application procedures.

§60A-8-9. West Virginia Board of Pharmacy powers to promulgate rules.

§60A-8-10. West Virginia Board of Pharmacy complaint provisions.

§60A-8-11. The West Virginia Board of Pharmacy inspection powers and access to wholesale drug distributor records.

§60A-8-12. Judicial enforcement of the article.

§60A-8-13. Criminal penalties.

§60A-8-14. Disciplinary actions - wholesale drug distributor.

§60A-8-15. Maintenance of register and roster of wholesale and pharmacy distributors.

§60A-8-16. Disposition of fees.

CHAPTER 60A, ARTICLE 9. CONTROLLED SUBSTANCES MONITORING.

§60A-9-1. Short title.

§60A-9-2. Establishment of program; purpose.

§60A-9-3. Reporting system requirements; implementation; central repository requirement.

§60A-9-4. Required information.

§60A-9-4a. Verification of identity.

§60A-9-5. Confidentiality; limited access to records; period of retention; no civil liability for required reporting.

§60A-9-5a. Practitioner requirements to access database and conduct annual search of the database; required rulemaking.

§60A-9-6. Promulgation of rules.

§60A-9-7. Criminal penalties; and administrative violations.

§60A-9-8. Creation of Fight Substance Abuse Fund.

§60A-9-9. Drugs of concern designation.

CHAPTER 60A, ARTICLE 10. METHAMPHETAMINE LABORATORY ERADICATION ACT.

§60A-10-1. Short title.

§60A-10-2. Purpose; findings.

§60A-10-3. Definitions.

§60A-10-4. Purchase, receipt, acquisition and possession of substances to be used as precursor to manufacture of methamphetamine or another controlled substance; offenses; exceptions; penalties.

§60A-10-5. Restrictions on the sale, transfer or delivery of certain drug products; penalties.

§60A-10-6. Registration to sell, manufacture or distribute products; rule-making authority.

§60A-10-7. Restricted products; rule-making authority.

§60A-10-8. Reporting requirements; confidentiality.

§60A-10-9. Persons mandated to report suspected injuries related to methamphetamine production; failure to report; penalty.

§60A-10-10. Authority of the superintendent of the State Police to leverage grant funds.

§60A-10-11. Reporting to the Legislative Oversight Commission on Health and Human Resources Accountability.

§60A-10-12. Exposure of children to methamphetamine manufacturing; penalties.

§60A-10-13. Exposure of first responders to manufacture methamphetamine; penalties.

§60A-10-14. Illegal storage of anhydrous ammonia; exceptions.

§60A-10-15. Iodine solution greater than two percent; prescription or permit required; offenses; penalties.

§60A-10-16. Expiration of enactments.

CHAPTER 60A, ARTICLE 11. CLANDESTINE DRUG LABORATORY REMEDIATION ACT.

§60A-11-1. Legislative findings and purpose.

§60A-11-2. Definitions.

§60A-11-3. Remediation of clandestine drug laboratories; promulgation of legislative rules.

§60A-11-4. Law-enforcement responsibility.

§60A-11-5. Residential property owner responsibility; owner immunity; voluntary compliance.

§60A-11-6. Liability for costs of remediation.

CHAPTER 60B. DONATED DRUG REPOSITORY PROGRAM.

CHAPTER 60B, ARTICLE 1. DONATED DRUG REPOSITORY PROGRAM.

§60B-1-1. Definitions.

§60B-1-2. Authority and waivers.

§60B-1-3. Eligible drugs.

§60B-1-4. Eligible recipients.

§60B-1-5. Receipt, storage, and handling of donated drugs by an eligible recipient.

§60B-1-6. Dispensing and distribution of donated drugs.

§60B-1-7. Handling fees.

§60B-1-8. Rule-making.

CHAPTER 61. CRIMES AND THEIR PUNISHMENT.

CHAPTER 61, ARTICLE 1. CRIMES AGAINST THE GOVERNMENT.

§61-1-1. Treason defined; degree of proof.

§61-1-2. Punishment.

§61-1-3. Failure to give information of treason; penalty.

§61-1-4. Attempt to justify or uphold invasion or insurrection; penalty.

§61-1-5. Unlawful speeches, publications and communications.

§61-1-6. Repealed. Acts, 2010 Reg. Sess., Ch. 34.

§61-1-7. Penalty for unlawful speeches, publications and communications.

§61-1-8. Desecration of flag; penalty.

§61-1-9. Impersonation of law-enforcement officer or official; penalty.

CHAPTER 61, ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-1. First and second degree murder defined; allegations in indictment for homicide.

§61-2-2. Penalty for murder of first degree.

§61-2-3. Penalty for murder of second degree.

§61-2-4. Voluntary manslaughter; penalty.

§61-2-5. Involuntary manslaughter; penalty.

§61-2-5a. Concealment of deceased human body; penalty.

§61-2-6. Homicide punishable within state if injury occurs within and death without, or vice versa.

§61-2-7. Attempt to kill or injure by poison; penalty.

§61-2-8. Abortion; penalty.

§61-2-9. Malicious or unlawful assault; assault; battery; penalties.

§61-2-9a. Stalking, harassment; penalties; definitions.

§61-2-9b. Penalties for malicious or unlawful assault or assault of a child near a school.

§61-2-9c. Wanton endangerment involving the use of fire; penalty.

§61-2-9d. Strangulation; suffocation and asphyxiation; definitions; penalties.

§61-2-10. Assault during commission of or attempt to commit a felony; penalty.

§61-2-10a. Violent crimes against the elderly; sentence not subject to suspension or probation.

§61-2-10b. Malicious assault; unlawful assault; battery; and assault on governmental representatives, health care providers, utility workers, law-enforcement officers, correctional employees and emergency medical service personnel; definitions; penalties.

§61-2-11. Unlawful shooting at another in street, alley or public resort; penalty.

§61-2-12. Robbery or attempted robbery; penalties.

§61-2-13. Extortion or attempted extortion by threats; penalties.

§61-2-14. Abduction of person; kidnapping or concealing child; penalties.

§61-2-14a. Kidnapping; penalty.

§61-2-14b. Venue of offenses under §§61-2-14 and 61-2-14a.

§61-2-14c. Penalty for threats to kidnap or demand ransom.

§61-2-14d. Concealment or removal of minor child from custodian or from person entitled to visitation; penalties; defenses.

§61-2-14e. One aiding or abetting in offense under §61-2-14, §61-2-14a, §61-2-14c or §61-2-14d guilty as principal; venue.

§61-2-14f. Penalties for abduction of a child near a school.

§61-2-14g. Unlawful restraint; penalties.

§61-2-14h. Prohibition of purchase or sale of child; penalty; definitions; exceptions.

§61-2-15. Assault, battery on school employees; penalties.

§61-2-15a. Assault, battery on athletic officials; penalties.

§61-2-16. Injury to passenger by person in charge of public conveyance or boat; penalty.

§61-2-16a. Malicious assault; unlawful assault; battery and recidivism of battery; assault on a driver, conductor, motorman, captain, pilot or other person in charge of any vehicle used for public conveyance.

§61-2-17 Repealed Acts, 2017 Reg. Sess., Ch. 129.

§61-2-18. Repealed. Acts, 2010 Reg. Sess., Ch. 34.

§61-2-19. Repealed. Acts, 2010 Reg. Sess., Ch. 34.

§61-2-20. Repealed. Acts, 2010 Reg. Sess., Ch. 34.

§61-2-21. Repealed. Acts, 2010 Reg. Sess., Ch. 34.

§61-2-22. Repealed. Acts, 2010 Reg. Sess., Ch. 34.

§61-2-23. Repealed. Acts, 2010 Reg. Sess., Ch. 34.

§61-2-24. Repealed. Acts, 2010 Reg. Sess., Ch. 34.

§61-2-25. Repealed. Acts, 2010 Reg. Sess., Ch. 34.

§61-2-26. Doors to be removed from abandoned refrigerators, freezers and other appliances; penalties.

§61-2-27. Required reporting of gunshot and other wounds.

§61-2-27a. Required reporting of burns.

§61-2-28. Domestic violence - criminal acts.

§61-2-29. Abuse or neglect of incapacitated adult; definitions; penalties.

§61-2-29a. Death of an incapacitated adult by a caregiver.

§61-2-29b. Financial exploitation of an elderly person, protected person, or incapacitated adult; penalties; definitions.

§61-2-30. Recognizing an embryo or fetus as a distinct unborn victim of certain crimes of violence against the person.

CHAPTER 61, ARTICLE 3. CRIMES AGAINST PROPERTY.

§61-3-1. Burning, etc., of a dwelling or outbuilding; first degree arson; penalty; definitions.

§61-3-2. Burning, etc., of other buildings or structures; second degree arson; penalty.

§61-3-3. Burning personal property of another of the value of five hundred dollars or more; third degree arson; penalty.

§61-3-4. Attempt to commit arson; fourth degree arson; penalty.

§61-3-5. Burning, or attempting to burn, insured property; penalty.

§61-3-6. Willfully, unlawfully and maliciously setting fire on lands; penalty.

§61-3-7. Causing injuries during an arson-related crime; penalties.

§61-3-8. Recovery of costs incurred in fighting fires caused by arson.

§61-3-9. Repealed. Acts, 1935 Reg. Sess., Ch. 105.

§61-3-10. Repealed. Acts, 1935 Reg. Sess., Ch. 105.

§61-3-11. Burglary; entry of dwelling or outhouse; criminal penalties.

§61-3-12. Entry of building other than dwelling; entry of railroad, traction or motorcar, steamboat, or other vessel; penalties; counts in indictment.

§61-3-13. Grand and petit larceny distinguished; penalties.

§61-3-14. Larceny of bank notes, checks, writings of value and book accounts; penalty.

§61-3-15. How value of notes, book accounts and other writings determined.

§61-3-16. Larceny of things savoring of realty.

§61-3-17. Repealed. Acts, 1994 Reg. Sess., Ch. 108.

§61-3-18. Receiving or transferring stolen goods.

§61-3-19. Bringing into this state, receiving or disposing of property stolen in another state; penalty.

§61-3-20. Embezzlement.

§61-3-20a. Embezzlement by misuse of power of attorney or other fiduciary relationship; penalty.

§61-3-21. Embezzlement by carrier or other person.

§61-3-22. Falsifying accounts; penalty.

§61-3-22a. Possession or use of automated sales suppression devices; penalty.

§61-3-23. Destroying or concealing will; embezzlement by fiduciary; penalty.

§61-3-24. Obtaining money, property and services by false pretenses; disposing of property to defraud creditors; penalties.

§61-3-24a. Attempted or fraudulent use, forgery, traffic of credit cards; possession and transfer of credit cards and credit card making equipment; false or fraudulent use of telephonic services; penalties.

§61-3-24b. Making, selling, possessing, transferring or advertising for sale a device or plans for a device designed to obtain or use telephone or telegraph service or facilities by false or fraudulent means; penalty.

§61-3-24c. Intercepting or monitoring customer telephone calls; penalty.

§61-3-24d. Fraudulent schemes; cumulation of amounts where common scheme exists; penalties.

§61-3-24e. Omission to subscribe for workers' compensation insurance; failure to file a premium tax report or pay premium taxes; false testimony or statements; failure to file reports; penalties; asset forfeiture; venue.

§61-3-24f. Wrongfully seeking workers' compensation; false testimony or statements; penalties; venue.

§61-3-24g. Workers' compensation health care offenses; fraud; theft or embezzlement; false statements; penalties; notice; prohibition against providing future services; penalties; asset forfeiture; venue.

§61-3-24h. Providing false documentation to workers' compensation, to the Insurance Commissioner or a private carrier of workers' compensation insurance; altering documents or certificates from workers' compensation; penalties; venue.

§61-3-25. Casting away, destroying or interfering with floating craft or material; penalty.

§61-3-26. Interference with or destruction of buoys, signal lights or other aids to navigation; penalty.

§61-3-27. Malicious killing of animals by poison or otherwise; penalty.

§61-3-28. Offenses against railroad property and persons on railroad property; definitions.

§61-3-29. Damage or destruction of railroad or public utility company property, or real or personal property used for producing, generating, transmitting, distributing, treating or collecting electricity, natural gas, coal, water, wastewater, stormwater, telecommunications or cable service; penalties; restitution.

§61-3-30. Removal, injury to or destruction of property, monuments designating land boundaries and of certain no trespassing signs; penalties.

§61-3-31. Damage to or destruction of property by bailee for hire or loan; penalty; damages recoverable in civil action.

§61-3-32. Removal out of county of property securing claim; penalties; fraudulent disposition of personal property in possession by virtue of lease; notice to return; failure to return; penalty; right to immediate possession.

§61-3-33. Entry upon inclosed lands; penalty; liability for damages.

§61-3-34. Taking or injuring garden or field crops; penalties.

§61-3-35. Digging cultivated ginseng; penalty.

§61-3-36. Anchoring or beaching shanty boats on lands of another; penalties.

§61-3-37. False statement as to financial condition of person, firm or corporation; penalty.

§61-3-38. Publication of false advertisements; penalty.

§61-3-39. Obtaining property in return for worthless check; penalty.

§61-3-39a. Making, issuing, etc., worthless checks on a preexisting debt; penalty.

§61-3-39b. Payment as defense.

§61-3-39c. Reason for dishonor; duty of drawee.

§61-3-39d. Prima facie evidence of knowledge; identity; penalty for providing false information.

§61-3-39e. Notice of dishonor by payee; service charge.

§61-3-39f. Manner of filing complaint for warrant; form.

§61-3-39g. Complaint; notice of complaint; issuance of warrant; payment procedures; costs.

§61-3-39h. Payment of costs in worthless check cases; disposition of certain costs.

§61-3-39i. Preparation of list of worthless check warrants.

§61-3-39j. Use of worthless check list upon receipt of complaint for warrant.

§61-3-39k. Duties of prosecuting attorney upon receipt of notice of multiple worthless check warrants; magistrate court clerk to advise complainant.

§61-3-39l Repealed Acts, 2019 Reg. Sess., Ch. 48.

§61-3-39m. Creation and operation of a program for worthless check offenders; acceptance of person in program.

§61-3-39n. Notice to persons accepted to the worthless check restitution program.

§61-3-39o. Agreement to suspend prosecution of a person accepted into the restitution program.

§61-3-39p. Fees for participation in the worthless check restitution program.

§61-3-39q. Statements by individuals referred to or participating in the worthless check restitution program.

§61-3-40. Fraudulently obtaining food or lodging; penalty.

§61-3-41. Employees conservators of the peace; special railroad policemen; penalties.

§61-3-42. Intoxication of person in charge of locomotive engine or car; penalties.

§61-3-43. Jumping on or off car or train in motion; driving vehicle upon track or bridge except at crossings; penalty.

§61-3-44. Procuring gas, water or electricity, by device, with intent to defraud; penalty.

§61-3-45. Tampering with pipes, tubes, wires or electrical conductors; penalty.

§61-3-45a. Unlawful opening of pipes, pipelines, tanks, etc.; penalties.

§61-3-46. Use of slugs, false coins, etc., in coin-box telephone; penalty.

§61-3-47. Dams or obstructions in watercourses; penalty.

§61-3-48. Offenses involving damage to shrubbery, flowers, trees and timber; limitation of section; penalties.

§61-3-48a. Cutting, damaging or carrying away without written permission, timber, trees, growing plants or the products thereof; treble damages provided.

§61-3-49. Purchase of scrap metal by scrap metal purchasing businesses, salvage yards, or recycling facilities; certificates, records, and reports of such purchases; criminal penalties.

§61-3-49a. Unlawful sale of used, secondhand, rebuilt, repossessed, etc., watches and clocks; penalty; revocation of license to sell.

§61-3-49b. Disruption of communications and utilities services.

§61-3-49c. Possession of a catalytic converter without documentation of ownership or authority to possess; advertising the sale or purchase of a catalytic converter.

§61-3-50. Unauthorized transferral of recorded sounds; sale and possession; penalties; civil action; definition.

§61-3-51. Precious metals and gem dealers; records; prohibited acts.

§61-3-52. Wrongful injuries to timber; criminal penalties.

§61-3-53. Unauthorized use of dumpsters.

§61-3-54. Taking identity of another person; penalty.

§61-3-55. Failure to pay for gasoline.

§61-3-56. Scanning device or reencoder fraud; felony; definitions; and penalties.

§61-3-57. Possession of bogus receipts or universal product codes with intent to defraud; penalties.

§61-3-58. Unlawful operation of a recording device.

§61-3-59. Misrepresentation of past or present military status or military awards to obtain anything of value; penalties.

CHAPTER 61, ARTICLE 3A. SHOPLIFTING.

§61-3A-1. Shoplifting defined.

§61-3A-2. Evidence.

§61-3A-3. Penalties.

§61-3A-4. Shoplifting constitutes breach of peace; detention.

§61-3A-4a. Criminal offenses involving theft detection shielding devices; detention.

§61-3A-5. Civil liability.

§61-3A-6. Definitions.

§61-3A-7. Organized retail theft; offenses; penalties; cumulation; venue; forfeiture.

CHAPTER 61, ARTICLE 3B. TRESPASS.

§61-3B-1. Definitions.

§61-3B-2. Trespass in structure or conveyance.

§61-3B-3. Trespass on property other than structure or conveyance.

§61-3B-4. Trespass on student residence premises or student facility premises of an institution of higher education.

§61-3B-5. Trespass on state government property; aiding and abetting; penalties.

§61-3B-6. Mine trespass; penalties.

§61-3B-7. Animal or crop facilities trespass; penalties; injunctive relief.

§61-3B-8. Liability for damages; deferred judgment; dismissal.

CHAPTER 61, ARTICLE 3C. WEST VIRGINIA COMPUTER CRIME AND ABUSE ACT.

§61-3C-1. Short title.

§61-3C-2. Legislative findings.

§61-3C-3. Definitions.

§61-3C-4. Computer fraud; access to Legislature computer; criminal penalties.

§61-3C-5. Unauthorized access to computer services.

§61-3C-6. Unauthorized possession of computer data or programs.

§61-3C-7. Alteration, destruction, etc., of computer equipment.

§61-3C-8. Disruption of computer services.

§61-3C-9. Unauthorized possession of computer information, etc.

§61-3C-10. Disclosure of computer security information.

§61-3C-11. Obtaining confidential public information.

§61-3C-12. Computer invasion of privacy.

§61-3C-13. Fraud and related activity in connection with access devices.

§61-3C-14. Endangering public safety.

§61-3C-14a. Obscene, anonymous, harassing and threatening communications by computer, cell phones and electronic communication devices; penalty.

§61-3C-14b. Soliciting, etc. a minor via computer; soliciting a minor and traveling to engage the minor in prohibited sexual activity; definition of minor; penalties.

§61-3C-14c. Cyberbullying or specific acts of electronic harassment of minors; definitions; penalties; exceptions.

§61-3C-14d. Prohibiting public disclosure of personal information on the internet; penalties.

§61-3C-15. Computer as instrument of forgery.

§61-3C-16. Civil relief; damages.

§61-3C-17. Defenses to criminal prosecution.

§61-3C-18. Venue.

§61-3C-19. Prosecution under other criminal statutes not prohibited.

§61-3C-20. Personal jurisdiction.

§61-3C-21. Severability.

CHAPTER 61, ARTICLE 3D. THEFT OF CABLE TELEVISION SERVICES.

§61-3D-1. Definitions.

§61-3D-2. Acquisition of cable television services.

§61-3D-3. Sale or transfer of the device or plan intended for acquisition or diversion.

§61-3D-4. Evidence.

CHAPTER 61, ARTICLE 3E. OFFENSES INVOLVING EXPLOSIVES.

§61-3E-1. Definitions.

§61-3E-2. Penalties cumulative.

§61-3E-3. Illegal possession of destructive devices, explosive materials or incendiary devices; penalty.

§61-3E-4. Criminal use of destructive device, explosive material or incendiary device; penalty.

§61-3E-5. Causing death or injury; penalties.

§61-3E-6. Causing death or injury to an explosives detection animal; penalty.

§61-3E-7. Manufacture, purchase, sale, advertising for sale, transporting or possession or use of a hoax bomb; possession or use in commission of a felony; penalty.

§61-3E-8. Theft of explosive material from storage magazines or buildings; penalty.

§61-3E-9. Receipt, possession, storage, sale or transportation of stolen explosive material; penalty.

§61-3E-10. Wanton endangerment involving destructive devices, explosive materials or incendiary devices; penalty.

§61-3E-11. Exemptions.

§61-3E-12. Contraband, seizure, forfeiture.

§61-3E-13. Legislative findings.

CHAPTER 61, ARTICLE 4. FORGERY AND CRIMES AGAINST THE CURRENCY.

§61-4-1. Forgery of public record, certificate, return or attestation of court or officer; penalty.

§61-4-2. Forgery of official seals; keeping or concealing instrument for forging same; penalty.

§61-4-3. Counterfeiting; penalty.

§61-4-4. Making plates, etc., for forgery; possession of same; penalty.

§61-4-5. Forging or uttering other writing; penalty; creation of unauthorized demand draft.

§61-4-6. Possession of counterfeit with intent to utter; penalty.

§61-4-7. Unauthorized currency; penalty.

§61-4-8. Passing or receiving unauthorized currency knowingly; penalty.

§61-4-9. Unauthorized use, transfer, acquisition, alteration or possession of certain benefits.

CHAPTER 61, ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.

§61-5-1. Perjury and subornation of perjury defined.

§61-5-2. False swearing defined.

§61-5-3. Penalties for perjury, subordination of perjury, and false swearing.

§61-5-4. Bribery or attempted bribery; penalty.

§61-5-5. Demanding or receiving bribes; penalty.

§61-5-6. Receiving bribe by officer in delay of service of process; penalty.

§61-5-7. Bribery of commissioner of court, Auditor, justice of the peace, arbitrator, umpire, juror, or other county official, either elected or appointed; penalty.

§61-5-8. Aiding escape and other offenses relating to adults and juveniles in custody or confinement; penalties.

§61-5-9. Permitting escape; refusal of custody of prisoner; penalties.

§61-5-10. Persons in custody of institutions or officers.

§61-5-11. Escapes and aiding in escapes; terms of confinement in addition to previous sentence.

§61-5-12. Escapes from, and other offenses relating to, state benevolent and correctional institution, or private prison or mental health facilities; penalties.

§61-5-12a. Escape from custody of the commissioner of corrections.

§61-5-12b. Escape from custody of the Director of Juvenile Services.

§61-5-13. Refusal of officer to make, or delay in making, arrest; penalty.

§61-5-14. Refusal of person to aid officer; penalty.

§61-5-15. Refusal of person to execute order of arrest by justice; penalty.

§61-5-16. Refusal of officer to execute act or process of Legislature or order of Governor; penalty.

§61-5-17. Obstructing officer; fleeing from officer; making false statements to officer; interfering with emergency communications; penalties; definitions.

§61-5-17a. Obstructing a law-enforcement officer, probation officer, parole officer, courthouse security officer, correctional officer, the State Fire Marshal, a deputy or assistant fire marshal, firefighter, or emergency medical service personnel causing death; penalty.

§61-5-18. Officer not liable for act done under statute or executive order afterward declared unconstitutional.

§61-5-19. Compounding offenses and misprision; penalties.

§61-5-20. Exacting excessive fees; penalty.

§61-5-21. Issuing fraudulent fee bills; penalty.

§61-5-22. Alteration, concealment or destruction of public record by officer; penalty.

§61-5-23. Larceny, concealment or destruction of public record by person not officer; penalty.

§61-5-24. Corrupt summoning of jurors to find biased verdict; penalty.

§61-5-25. Procuring the summoning of biased juror by party other than officer; penalty.

§61-5-25a. Discrimination against employee summoned for jury duty; penalty.

§61-5-26. Contempt of court; what constitutes contempt; jury trial; presence of defendant.

§61-5-27. Intimidation of and retaliation against public officers and employees, jurors, and witnesses; fraudulent official proceedings and legal processes against public officials and employees; making public threats directed at inciting lawless action penalties.

§61-5-27a. Fraudulent official proceedings; causing a public employee or official to file a fraudulent legal process; impersonation of a public official, employee or tribunal; penalties.

§61-5-28. Failure to perform official duties; penalty.

§61-5-29. Failure to meet an obligation to pay support to a minor; penalties.

CHAPTER 61, ARTICLE 5A. BRIBERY AND CORRUPT PRACTICES.

§61-5A-1. Short title.

§61-5A-2. Definitions.

§61-5A-3. Bribery in official and political matters.

§61-5A-4. Unlawful rewarding for past behavior.

§61-5A-5. Threats in official and political matters.

§61-5A-6. Gifts or gratuities to public servants prohibited; exceptions.

§61-5A-7. Trading in public office.

§61-5A-8. Certain matters not to constitute defense.

§61-5A-9. Penalties; disqualification to hold office; statute of limitations for misdemeanor offenses.

§61-5A-10. Construction; certain other code provisions not affected; article not to affect offenses committed under other statutory provisions.

§61-5A-11. Severability.

CHAPTER 61, ARTICLE 6. CRIMES AGAINST THE PEACE.

§61-6-1. Suppression of riots and unlawful assemblages.

§61-6-1a. Control of riots and unlawful assemblages.

§61-6-1b. Disorderly conduct; penalty.

§61-6-2. Commitment and recognizance of rioters.

§61-6-3. Failure of member of West Virginia State Police officer, officer of the Division of Protective Services, mayor, or sheriff to exercise powers at riots and unlawful assemblages; penalty.

§61-6-4. Summoning of persons to aid in suppressing riots and unlawful assemblages.

§61-6-5. Death of person in suppression of riots and unlawful assemblages.

§61-6-6. Destruction of building by rioters; penalty therefor and for rioting without such injury.

§61-6-7. Conspiracy to inflict injury to persons or property; infliction of injury or death in pursuance thereof; penalties.

§61-6-8. Release or rescue of person in custody charged or convicted under §61-6-7; penalty.

§61-6-9. Intimidation of witness for state in conspiracy prosecutions; penalties.

§61-6-10. Reward for arrest in conspiracy cases; employment of special policemen and detectives.

§61-6-11. Repealed. Acts, 1996 Reg. Sess., Ch. 91.

§61-6-12. Mobs and lynchings; penalties; liability of county or city.

§61-6-13. Disturbance of religious worship; penalty.

§61-6-14. Disturbance of schools, societies, and other assemblies; penalty.

§61-6-14a. Loitering on school property; penalty; exceptions.

§61-6-15. Repealed. Acts, 1996 Reg. Sess., Ch. 89.

§61-6-16. Repealed. Acts, 2010 Reg. Sess., Ch. 34.

§61-6-17. False reports concerning bombs or other explosive devices; penalties.

§61-6-18. Camping upon governmental grounds or lawns; penalties; public nuisance.

§61-6-19. Willful disruption of governmental processes; offenses occurring at State Capitol Complex; penalties.

§61-6-20. Falsely reporting an emergency incident.

§61-6-21. Prohibiting violations of an individual's civil rights; penalties.

§61-6-22. Wearing masks, hoods or face coverings.

§61-6-23. Shooting range; limitations on nuisance actions; noise ordinances.

§61-6-24. Threats of terrorist acts, conveying false information concerning terrorist acts and committing terrorist hoaxes prohibited; penalties.

§61-6-25. Falsely reporting child abuse.

CHAPTER 61, ARTICLE 7. DANGEROUS WEAPONS.

§61-7-1. Legislative findings.

§61-7-2. Definitions.

§61-7-3. Carrying a deadly weapon without provisional license or other authorization by persons under twenty-one years of age; penalties.

§61-7-4. License to carry deadly weapons; how obtained.

§61-7-4a. Provisional license to carry deadly weapons; how obtained.

§61-7-5. Revocation of license.

§61-7-6. Exceptions as to prohibitions against carrying concealed handguns for persons at least eighteen years of age and fewer than twenty-one years of age; exemptions from licensing fees.

§61-7-6a. Reciprocity and recognition; out-of-state concealed handgun permits.

§61-7-7. Persons prohibited from possessing firearms; classifications; right of nonprohibited persons over twenty-one years of age to carry concealed deadly weapons; offenses and penalties; reinstatement of rights to possess; offenses; penalties.

§61-7-8. Possession of deadly weapons by minors; prohibitions.

§61-7-9. Possession of machine guns, penalties.

§61-7-10. Deadly weapons for sale or hire; sale to prohibited persons; penalties.

§61-7-11. Brandishing deadly weapons; threatening or causing breach of the peace; criminal penalties.

§61-7-11a. Possessing deadly weapons on premises of educational facilities; reports by school principals; suspension of driver’s license; possessing deadly weapons on premises housing courts of law and family law courts.

§61-7-12. Wanton endangerment involving a firearm.

§61-7-13. Repealed. Acts, 1990 Reg. Sess., Ch. 148.

§61-7-14. Right of certain persons to limit possession of firearms on premises.

§61-7-15. Persons prohibited from committing violent crime while wearing body armor; penalties.

§61-7-15a. Use or presentation of a firearm during commission of a felony; penalties.

§61-7-16. Chief officer certification to transfer or make certain firearms; definitions; appeal.

§61-7-17. Construction of article.

CHAPTER 61, ARTICLE 7A. STATE MENTAL HEALTH REGISTRY; REPORTING OF PERSONS PROSCRIBED FROM FIREARM POSSESSION DUE TO MENTAL CONDITION TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM; LEGISLATIVE FINDINGS; DEFINITIONS; REPORTING REQUIREMENTS; REINSTATEMENT OF RIGHTS PROCEDURES.

§61-7A-1. Legislative intent.

§61-7A-2. Definitions.

§61-7A-3. Persons whose names are to be supplied to the central state mental health registry.

§61-7A-4. Confidentiality; limits on use of registry information.

§61-7A-5. Petition to regain right to possess firearms.

CHAPTER 61, ARTICLE 7B. THE WEST VIRGINIA SECOND AMENDMENT PRESERVATION AND ANTI-FEDERAL COMMANDEERING ACT.

§61-7B-1. Short title.

§61-7B-2. Legislative findings and intent.

§61-7B-3. Definitions.

§61-7B-4. Federal commandeering prohibited.

§61-7B-5. Prohibitions on police activity.

§61-7B-6. Prohibition on court action.

§61-7B-7. Permitted activities.

§61-7B-8. Attorney General authorized and directed to challenge unconstitutional federal actions related to firearms.

§61-7B-9. Attorney General to publish model policies.

§61-7B-10. Law-enforcement immunity.

CHAPTER 61, ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.

§61-8-1. Bigamy -- Penalty.

§61-8-2. Same -- Effect of absence, divorce or void marriage.

§61-8-3. Repealed. Acts, 2010 Reg. Sess., Ch. 34.

§61-8-4. Repealed. Acts, 2010 Reg. Sess., Ch. 34.

§61-8-5. Houses of ill fame and assignation; immunity for minor victims of sex trafficking; penalties; jurisdiction of courts.

§61-8-6. Detention of person in place of prostitution; penalty.

§61-8-7. Procuring for house of prostitution; penalty; venue; competency as witness; marriage no defense.

§61-8-8. Receiving support from prostitution; pimping; penalty; prostitute may testify.

§61-8-9. Indecent exposure.

§61-8-9a. Child abuse; education; curriculum.

§61-8-10. Administering anesthetics to female save in presence of third person; penalty.

§61-8-11. Breathing, inhaling, or drinking certain intoxicating compounds; penalty.

§61-8-12. Incest; penalty.

§61-8-13. Incest; limits on interviews of children eleven years old or less; evidence.

§61-8-14. Disinterment or displacement of dead body or part thereof; damage to cemetery or graveyard; penalties; damages in civil action.

§61-8-15. Prohibition on certain demonstrations at funerals.

§61-8-16. Obscene, anonymous, harassing, repeated and threatening telephone calls; penalty.

§61-8-17. Repealed. Acts, 1964 Reg. Sess., Ch. 12.

§61-8-18. Repealed. Acts, 1964 Reg. Sess., Ch. 12.

§61-8-19. Cruelty to animals; penalties; exclusions.

§61-8-19a. Animal fighting ventures prohibited.

§61-8-19b. Attendance at animal fighting ventures prohibited; penalty.

§ 61-8-19c. Wagering at animal fighting venture prohibited; penalty.

§61-8-20. Keeping or using live birds to be shot at; penalty.

§61-8-21. Search warrants relating to cruelty to animals.

§61-8-22. Search warrants relating to birds and animals kept for fighting.

§61-8-23. Search without warrant where there is an exhibition of the fighting of birds or animals.

§61-8-24. Repealed Acts, 1988 Reg. Sess., Ch. 42.

§61-8-25. Requiring children to beg, sing or play musical instruments in streets; penalty.

§61-8-26. Permitting children to sing, dance or act in dance house, etc.; penalty.

§61-8-27. Unlawful admission of children to dance house, etc.; penalty.

§61-8-27a. Use of false identification, etc., by person under age; penalty.

§61-8-28. Criminal invasion of privacy; penalties.

§61-8-28a. Nonconsensual disclosure of private intimate images; definitions; and penalties.

§61-8-29. Criminal loitering by persons on supervised release.

§61-8-30. Photography of a corpse or person being provided medical care or assistance; prohibitions; exceptions; Jonathan's Law.

§61-8-31. Therapeutic deception; penalties.

§61-8-32. Soliciting, etc. a minor by means other than via computer; soliciting a minor and traveling to engage the minor in prohibited sexual activity; definition of minor; penalties.

CHAPTER 61, ARTICLE 8A. PREPARATION, DISTRIBUTION OR EXHIBITION OF OBSCENE MATTER TO MINORS.

§61-8A-1. Definitions.

§61-8A-2. Distribution and display to minor of obscene matter; penalties; defenses.

§61-8A-3. Exemptions from criminal liability.

§61-8A-4. Use of obscene matter with intent to seduce minor.

§61-8A-5. Employment or use of minor to produce obscene matter or assist in doing sexually explicit conduct; penalties.

§61-8A-6. Repealed. Acts, 2000 Reg. Sess., Ch. 193.

§61-8A-7. Repealed. Acts, 2000 Reg. Sess., Ch. 193.

CHAPTER 61, ARTICLE 8B. SEXUAL OFFENSES.

§61-8B-1. Definition of terms.

§61-8B-2. Lack of consent.

§61-8B-3. Sexual assault in the first degree.

§61-8B-4. Sexual assault in the second degree.

§61-8B-5. Sexual assault in the third degree.

§61-8B-6. Repealed. Acts, 2000 Reg. Sess., Ch. 85.

§61-8B-7. Sexual abuse in the first degree.

§61-8B-8. Sexual abuse in the second degree.

§61-8B-9. Sexual abuse in the third degree.

§61-8B-9a. Mandatory sentence for person committing certain sex offenses against children.

§61-8B-9b. Enhanced penalties for subsequent offenses committed by those previously convicted of sexually violent offenses against children.

§61-8B-10. Imposition of sexual acts on persons incarcerated, detained, or under supervision; penalties.

§61-8B-11. Sexual offenses; evidence.

§61-8B-11a. Convictions for offenses against children.

§61-8B-11b. Prohibiting sexual intercourse, sexual intrusion, or sexual contact, against students by school employees; exception; penalties.

§61-8B-12. Same -- Defense.

§61-8B-13. Payment of treatment cost for victim.

§61-8B-14. Limits on interviews of children eleven years old or less.

§61-8B-15. Forensic Medical Examination Fund; training of sexual assault nurse examiners.

§61-8B-16. Payment for costs of forensic medical examination.

§61-8B-17. Study of reimbursement; recordkeeping; disclosure; confidentiality.

§61-8B-18. Rule-making authority.

§61-8B-19. Court files and law-enforcement records; confidentiality.

CHAPTER 61, ARTICLE 8C. FILMING OF SEXUALLY EXPLICIT CONDUCT OF MINORS.

§61-8C-1. Definitions.

§61-8C-2. Use of minors in filming sexually explicit conduct prohibited; penalty.

§61-8C-3. Distribution and exhibiting of material depicting minors engaged in sexually explicit conduct prohibited; penalty.

§61-8C-3a. Prohibiting child erotica; penalties.

§61-8C-3b. Prohibiting juveniles from manufacturing, possessing and distributing nude or partially nude images of minors; creating exemptions; declaring a violation to be an act of juvenile delinquency; and providing for the punishment thereof.

§61-8C-4. Payments of treatment costs for minor.

§61-8C-5. Limits on interviews of children eleven years old or less; evidence.

§61-8C-6. Legislative findings.

§61-8C-7. Items subject to forfeiture; persons authorized to seize property subject to forfeiture.

§61-8C-8. Procedures for seizure of forfeitable property.

§61-8C-9. Procedures for forfeiture.

§61-8C-10. Disposition of forfeited moneys, securities or other negotiable instruments; distribution of proceeds.

§61-8C-11. Disposition of other forfeited property; distribution of proceeds.

CHAPTER 61, ARTICLE 8D. CHILD ABUSE.

§61-8D-1. Definitions.

§61-8D-1a. Emmaleigh's law.

§61-8D-2. Murder of a child by a parent, guardian or custodian or other person, or person in a position of trust in relation to a child, by refusal or failure to supply necessities, or by delivery, administration or ingestion of a controlled substance; penalties.

§61-8D-2a. Death of a child by a parent, guardian or custodian or other person or person in a position of trust in relation to a child, by child abuse; criminal penalties.

§61-8D-3. Child abuse resulting in injury; child abuse creating risk of injury; criminal penalties.

§61-8D-3a. Female genital mutilation; penalties; definitions.

§61-8D-4. Child neglect resulting in injury; child neglect creating risk of injury; criminal penalties.

§61-8D-4a. Child neglect resulting in death; criminal penalties.

§61-8D-5. Sexual abuse by a parent, guardian, custodian or person in a position of trust to a child; parent, guardian, custodian or person in a position of trust allowing sexual abuse to be inflicted upon a child; displaying of sex organs by a parent, guardian, or custodian; penalties.

§61-8D-5a. Verbal abuse of noncommunicative child; penalties.

§61-8D-6. Sending, distributing, exhibiting, possessing, displaying or transporting material by a parent, guardian or custodian, depicting a child engaged in sexually explicit conduct; penalty.

§61-8D-7. Presentation of false information regarding child's injuries; penalty.

§61-8D-8. Testimony of husband and wife.

§61-8D-9. Convictions for offenses against children.

§61-8D-10. Contributing to delinquency of a child; penalties; payment of medical costs; proof; court discretion; other payments; suspended sentence; maintenance and care; temporary custody.

CHAPTER 61, ARTICLE 8E. DISPLAY OF VIDEO RATINGS OR LACK THEREOF.

§61-8E-1. Legislative purpose.

§61-8E-2. Definitions.

§61-8E-3. Labeling of video movies designated for sale or rental; penalties.

CHAPTER 61, ARTICLE 8F. SPECIAL PROTECTIONS FOR DISABLED CHILDREN ACT OF 2022.

§61-8F-1. Findings.

§61-8F-2 Definitions.

§61-8F-3. Maltreatment of a disabled child; penalties.

§61-8F-4 Battery and assault of a disabled child.

§61-8F-5 Failure to report; obstruction; retaliation; penalties.

§61-8F-6. Specific directives to enhance the safety of disabled children.

§61-8F-7. Effective dates.

CHAPTER 61, ARTICLE 9. EQUITABLE REMEDIES IN AID OF CHASTITY, MORALITY AND DECENCY.

§61-9-1. Definition of terms.

§61-9-2. Maintenance of nuisance; injunction.

§61-9-3. Suit to enjoin; by whom instituted.

§61-9-4. Venue; procedure; temporary injunction; order closing place; vacation of orders; bond.

§61-9-5. Prima facie evidence of nuisance; prosecution of complaint; dismissal; costs; permanent injunction.

§61-9-6. Order of abatement; sale of personal property; renewal of bond or continuance of closing order; release of property; breaking in or entering closed property; sheriff's fees.

§61-9-7. Nuisance disclosed in criminal proceedings; proceeds from sale of personal property.

§61-9-8. Violation of injunction or closing order; trial; penalty.

§61-9-9. Permanent injunction; tax imposed on property.

§61-9-10. Notice to collect tax.

§61-9-11. Effect of holding any part of article unconstitutional.

CHAPTER 61, ARTICLE 10. CRIMES AGAINST PUBLIC POLICY.

§61-10-1. Keeping or exhibiting gaming table, machine, or device; penalty; seizure of table, machine or device; forfeiture of money used in such gaming.

§61-10-2. Permitting gaming table or device on premises; penalty.

§61-10-3. Unlawful to act as doorkeeper, guard or watch for keeper of gaming table or device; penalty.

§61-10-4. Playing or betting at gaming tables and devices; playing or betting on games at hotels and public places; penalty.

§61-10-5. Betting on games of chance; furnishing money or thing of value therefor; penalty.

§61-10-6. Permitting gaming at hotels; penalty.

§61-10-7. Presumption against hotelkeeper.

§61-10-8. Gaming at outhouse of hotel; penalty.

§61-10-9. Cheating at gaming; penalty.

§61-10-10. Poolroom defined; selling tickets and chances in lottery; penalty.

§61-10-11. Lotteries or raffles; penalty.

§61-10-11a. 'Policy' or 'numbers'; penalty.

§61-10-11b. Possession of 'policy' or 'numbers' slips unlawful.

§61-10-12. Proceeds of lottery forfeited to the state.

§61-10-13. Associations and companies trading as bank without authority of law; penalty.

§61-10-14. Laws on gaming, lotteries and unchartered banks remedial.

§61-10-15. Pecuniary interest of county and district officers, teachers and school officials in contracts; exceptions; offering or giving compensation; penalties.

§61-10-16. Picture or theatrical act reflecting upon any race or class of citizens; penalty.

§61-10-17. Lobbying on floor of Legislature; ejection of lobbyist; penalty; jurisdiction.

§61-10-18. Repealed. Acts, 2010 Reg. Sess., Ch. 34.

§61-10-19. Cornering market in foods or other necessities of life; penalty.

§61-10-20. Failure of employers to provide certain benefits for employees.

§61-10-21. Unlawful use of prefix “Doctor” or “Dr.” penalty.

§61-10-22. Bribery of participants in professional or amateur games and horse racing; penalty.

§61-10-23. Debt pooling; definition; offenses; penalty; jurisdiction; pleading and proof.

§61-10-24. Repealed. Acts, 1969 Reg. Sess., Ch. 150.

§61-10-25. Repealed. Acts, 2010 Reg. Sess., Ch. 34.

§61-10-26. Repealed. Acts, 2010 Reg. Sess., Ch. 34.

§61-10-27. Repealed. Acts, 2010 Reg. Sess., Ch. 34.

§61-10-28. Repealed. Acts, 2010 Reg. Sess., Ch. 34.

§61-10-29. Repealed. Acts, 2010 Reg. Sess., Ch. 34.

§61-10-30. Open water wells prohibited.

§61-10-31. Conspiracy; construction of section; penalties.

§61-10-32. Unlawful contact with a Division of Corrections employee or member of the Parole Board; penalty.

§61-10-33. Prohibition against selling a pure caffeine product.

§61-10-34. Critical Infrastructure Protection Act; prohibiting certain acts, including trespass and conspiracy to trespass against property designated a critical infrastructure facility; criminal penalties; and civil action.

CHAPTER 61, ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.

§61-11-1. Classification of offenses.

§61-11-1a. Sentence of female felons.

§61-11-2. Capital punishment abolished.

§61-11-3. Punishment for common-law offenses.

§61-11-4. Corruption of blood and forfeiture of estate abolished.

§61-11-5. No merger of civil remedy by commission of felony.

§61-11-6. Punishment of principals in the second degree and accessories before and after the fact.

§61-11-7. Prosecution of accessories.

§61-11-8. Attempts; classification and penalties therefor.

§61-11-8a. Solicitation to commit certain felonies; classification; defenses.

§61-11-9. Limitation of prosecution; lost indictment.

§61-11-10. Venue of offenses.

§61-11-11. Offense committed on county boundary.

§61-11-12. Venue of offense committed in more than one county.

§61-11-13. Former acquittal on merits.

§61-11-14. Acquittal for variance or insufficient indictment.

§61-11-15. Modes of conviction of felony.

§61-11-16. Term of imprisonment for felony; indeterminate sentence.

§61-11-17. Court to fix imprisonment and fine for misdemeanor.

§61-11-18. Punishment for second or third offense of felony.

§61-11-19. Procedure in trial of persons for second or third offense.

§61-11-20. Repealed. Acts, 2009 Reg. Sess., Ch. 66.

§61-11-21. Cumulative sentences.

§61-11-22. Pretrial diversion agreements; conditions; drug court programs.

§61-11-22a. Deferred adjudication.

§61-11-23. Punishment for juvenile convicted as an adult; eligibility for parole; factors to be considered prior to sentencing.

§61-11-24. Offender may have credit for term of confinement before conviction.

§61-11-25. Expungement of criminal records for those found not guilty of crimes or against whom charges have been dismissed; expungement of criminal records for those that have successfully completed all requirements of a deferred adjudication or pretrial diversion; exceptions.

§61-11-26. Expungement of certain criminal convictions; procedures; effect.

§61-11-26a. Expungement of certain criminal convictions with approved treatment or recovery and job program.

§61-11-26b. Limitation on expungement for certain motor vehicle traffic control offenses.

CHAPTER 61, ARTICLE 11A. VICTIM PROTECTION ACT OF 1984.

§61-11A-1. Legislative findings and purpose.

§61-11A-2. Testimony of crime victim at sentencing hearing.

§61-11A-2a. Notification of crime victims compensation fund.

§61-11A-3. Victim impact statement; when required; contents; use; right of defendant to review and present evidence.

§61-11A-4. Restitution; when ordered.

§61-11A-5. Restitution; procedure for issuing order.

§61-11A-6. State guidelines for fair treatment of crime victims and witnesses in the criminal justice system.

§61-11A-7. Severability.

§61-11A-8. Notification to victim of offender's release, placement, or escape from custody.

§61-11A-9. Sexual Assault Victims" Bill of Rights.

CHAPTER 61, ARTICLE 11B. CRIMINAL OFFENSE REDUCTION.

§61-11B-1. [Repealed.] Acts, 2019 Reg. Sess., Ch. 71.

§61-11B-2. [Repealed.] Acts, 2019 Reg. Sess., Ch. 71.

§61-11B-3. [Repealed.] Acts, 2019 Reg. Sess., Ch. 71.

§61-11B-4. [Repealed.] Acts, 2019 Reg. Sess., Ch. 71.

§61-11B-5. [Repealed.] Acts, 2019 Reg. Sess., Ch. 71.

CHAPTER 61, ARTICLE 12. POSTMORTEM EXAMINATIONS.

§61-12-1. Repealed. Acts, 1986 Reg. Sess., Ch. 153.

§61-12-2. Repealed. Acts, 1986 Reg. Sess., Ch. 153.

§61-12-3. Office of Chief Medical Examiner established; appointment, duties, etc., of Chief Medical Examiner; assistants and employees; promulgation of rules.

§61-12-4. Central office and laboratory.

§61-12-5. Certain salaries and expenses paid by state.

§61-12-6. Chief medical examiner may obtain additional services and facilities.

§61-12-7. Medical examiners.

§61-12-8. Certain deaths to be reported to medical examiners; failure to report deaths; investigations and reports; authority of medical examiners to administer oaths, etc., fees.

§61-12-9. Permits required for cremation; fee.

§61-12-10. When autopsies made and by whom performed; records of date investigated; copies of records and information; reporting requirements.

§61-12-10a. Costs of transportation of bodies; when state will pay; amount of payment.

§61-12-11. Exhumation; when ordered.

§61-12-12. Facilities and services available to medical examiners.

§61-12-13. Reports and records received as evidence; copies.

§61-12-14. County coroners; appointment, oath, etc.; duties; fees.

§61-12-15. Disposition of unidentified and unclaimed remains.

§61-12-16. Disposition of unidentified or unclaimed remains pursuant to legislative rule.

CHAPTER 61, ARTICLE 12A. FATALITY AND MORTALITY REVIEW TEAM.

§61-12A-1. Fatality and Mortality Review Team.

§61-12A-2. Responsibilities of the Fatality and Mortality Review Team.

§61-12A-3. Access to information; other agencies of government required to cooperate.

§61-12A-4. Confidentiality.

§61-12A-5. Required reporting and analysis.

CHAPTER 61, ARTICLE 13. ANTI-ORGANIZED CRIMINAL ENTERPRISE ACT.

§61-13-1. Findings.

§61-13-2. Definitions.

§61-13-3. Offenses.

§61-13-4. Premises used by organized criminal enterprises; nuisances; actions for injunction, abatement and damages; other remedies for unlawful use; exceptions.

§61-13-5. Forfeiture.

§61-13-6. Exempted activities; limitations on scope.

CHAPTER 61, ARTICLE 14. HUMAN TRAFFICKING.

§61-14-1. Definitions.

§61-14-2. Human trafficking of an individual; aiding and abetting human trafficking; penalties.

§61-14-3. Use of forced labor; penalties.

§61-14-4. Use of persons in debt bondage; penalties.

§61-14-5. Sexual servitude; penalties.

§61-14-6. Patronizing a victim of sexual servitude; penalties.

§61-14-7. General provisions and other penalties.

§61-14-8. Immunity for minor victim of sex trafficking.

§61-14-9. Petition to vacate and expunge conviction or juvenile delinquency adjudication of sex trafficking victim.

CHAPTER 61, ARTICLE 15. MONEY LAUNDERING.

§61-15-1. Definitions.

§61-15-2. Laundering through financial transactions.

§61-15-3. Forfeiture; disgorgement.

§61-15-4. Distinguishing transactions for prosecution purposes.

CHAPTER 61, ARTICLE 16. USE OF UNMANNED AIRCRAFT SYSTEMS.

§61-16-1. Definitions.

§61-16-2. Prohibited use of an unmanned aerial vehicle; criminal penalties.

CHAPTER 62. CRIMINAL PROCEDURE.

CHAPTER 62, ARTICLE 1. PRELIMINARY PROCEDURE.

§62-1-1. Complaint.

§62-1-2. Warrant -- Issuance.

§62-1-3. Same -- Contents.

§62-1-4. Same -- Execution; arrest by officer without warrant in possession; duplicate warrants.

§62-1-5. Same -- Delivery of prisoner before magistrate; complaint for person arrested without warrant; return.

§62-1-5a. Citation in lieu of arrest; failure to appear.

§62-1-6. Informing defendant of nature of complaint and his rights; opportunity to confer with counsel and arrange bail.

§62-1-6a. Booking photographs of criminal defendants.

§62-1-7. Offense arising in other county.

§62-1-8. Preliminary examination.

§62-1-9. Continuance.

§62-1-10. Concurrent powers.

§62-1-11. Repeal of inconsistent laws.

§62-1-12. Severability.

CHAPTER 62, ARTICLE 1A. SEARCH AND SEIZURE.

§62-1A-1. Search warrant -- Who may issue.

§62-1A-2. Same - Grounds for issuance; property defined.

§62-1A-3. Same -- Issuance and contents.

§62-1A-4. Same -- Execution and return with inventory.

§62-1A-5. Breaking and entering premises.

§62-1A-6. Motion for return of property and to suppress evidence.

§62-1A-7. Disposition of seized property.

§62-1A-8. Purpose of article; construction of other provisions dealing with search warrants; repeal of inconsistent laws.

§62-1A-9. Severability.

§62-1A-10. Motor vehicle searches.

§62-1A-11. Rules for certain evidence of consent to vehicle search.

CHAPTER 62, ARTICLE 1B. DISCOVERY.

§62-1B-1. Bill of particulars.

§62-1B-2. Defendant's statements; reports of examinations and tests; defendant's books, papers and tangible objects.

§62-1B-3. Time of motion.

§62-1B-4. Severability.

CHAPTER 62, ARTICLE 1C. BAIL.

§62-1C-1. Right to bail; exceptions; review.

§62-1C-1a. Pretrial release; types of release; conditions for release; considerations as to conditions of release.

§62-1C-2. Bail defined; form; receipts.

§62-1C-3. Fixing of amount; bail may cover two or more charges.

§62-1C-4. Recognizance; signing; requirements for signers or surety company; release upon own recognizance; indigent persons.

§62-1C-5. Recognizance and deposits subject to order of court or magistrate.

§62-1C-6. Continuing bail.

§62-1C-7. Forfeiture of bail; basis therefor.

§62-1C-8. Same -- Setting aside.

§62-1C-9. Same -- Enforcement.

§62-1C-10. Same -- Bail in excess of jurisdictional limit of justice or of particular court.

§62-1C-11. Same -- Remission.

§62-1C-12. Same -- Exoneration; return of deposit.

§62-1C-13. Same -- Defects in form of bail.

§62-1C-14. Bailpiece; issuance to surety; taking accused into custody.

§62-1C-15. Bail for witness.

§62-1C-16. Guaranteed arrest bond certificate.

§62-1C-17. Offenses against municipalities.

§62-1C-17a. Bail in situations of alleged child abuse.

§62-1C-17b. Procedures for failure to appear; penalties.

§62-1C-17c. Bail in cases of crimes between family or household members.

§62-1C-18. Repeal of inconsistent laws.

§62-1C-19. Severability.

CHAPTER 62, ARTICLE 1D. WIRETAPPING AND ELECTRONIC SURVEILLANCE ACT.

§62-1D-1. Short title.

§62-1D-2. Definitions.

§62-1D-3. Interception of communications generally.

§62-1D-4. Manufacture, possession or sale of intercepting device.

§62-1D-5. Forfeiture of device.

§62-1D-6. Admissibility of evidence.

§62-1D-7. Designated judges.

§62-1D-8. County prosecuting attorney or duly appointed special prosecutor may apply for order authorizing interception.

§62-1D-9. Lawful disclosure or use of contents of communication.

§62-1D-10. Pen registers and trap and trace devices.

§62-1D-11. Ex parte order authorizing interception.

§62-1D-12. Civil liability; defense to civil or criminal action.

§62-1D-13. Registration of intercepting devices; serial number.

§62-1D-14. Breaking and entering, etc., to place or remove equipment.

§62-1D-15. Training and certification of law-enforcement officers employed in the interception of wire, oral or electronic communications which require a court order.

§62-1D-16. Severability of provisions.

CHAPTER 62, ARTICLE 1E. EYEWITNESS IDENTIFICATION ACT.

§62-1E-1. Definitions.

§62-1E-2. Eyewitness identification procedures.

§62-1E-3. Training of law-enforcement officers.

CHAPTER 62, ARTICLE 1F. ELECTRONIC INTERCEPTION OF PERSON'S CONDUCT OR ORAL COMMUNICATIONS IN HOME BY LAW ENFORCEMENT.

§62-1F-1. Definitions.

§62-1F-2. Electronic interception of conduct or oral communications in the home authorized.

§62-1F-3. Application for an order authorizing interception.

§62-1F-4. Order authorizing interception.

§62-1F-5. Recording of intercepted communications.

§62-1F-6. Sealing of applications, orders and supporting papers.

§62-1F-7. Investigative disclosure or use of contents of wire, electronic or oral communications or derivative evidence.

§62-1F-8. Interception of communications relating to other offenses.

§62-1F-9. Retroactive authorization.

CHAPTER 62, ARTICLE 1G. SUBPOENA POWERS FOR AID OF CRIMINAL INVESTIGATION RELATING TO CERTAIN OFFENSES AGAINST MINORS.

§62-1G-1. Declaration of necessity.

§62-1G-2. Subpoenas for criminal investigations relating to certain offenses against minors for records concerning an electronic communications system or service or remote computing service; content; fee for providing information; and limiting liability.

CHAPTER 62, ARTICLE 2. PRESENTMENTS AND INDICTMENTS.

§62-2-1. Prosecutions to be by presentment or indictment.

§62-2-2. When name of prosecutor, etc., to be affixed to indictment, etc.; requiring security for costs from prosecutor.

§62-2-3. When costs assessed against prosecutor.

§62-2-4. Indictment for perjury; admissibility of certain records, etc., as evidence.

§62-2-5. Indictment for embezzlement; description and proof of money in prosecutions for embezzlement and other crimes.

§62-2-6. Indictment for forgery.

§62-2-7. Proof of possession of or title to property.

§62-2-8. Allegations of intent to injure, cheat or defraud.

§62-2-9. Unnecessary allegations may be omitted.

§62-2-10. Defects not invalidating indictment.

§62-2-11. Defects cured by verdict.

§62-2-12. Discharge of imprisoned person upon failure to indict within certain time; person not indicted by reason of insanity.

§62-2-13. Process, capias and summons in criminal cases.

§62-2-14. Direction and execution of process; several writs against same person.

§62-2-15. Mailing of process by clerk to officer.

§62-2-16. Execution of process within state.

§62-2-17. Delivery of prisoner to court, magistrate or jailer.

§62-2-18. Repealed. Acts, 1965 Reg. Sess., Ch. 38.

§62-2-19. Prosecutions relating to license taxes, offenses against public policy, etc.

§62-2-20. Exceptions to indictments relating to license taxes and offenses against public policy.

§62-2-21. Second capias or trial after summons in misdemeanor cases not covered in §62-2-19.

§62-2-22. Discontinuance of criminal prosecution for failure to award process or enter continuance.

§62-2-23. Prosecutions against corporations; effect of failure of corporation to appear.

§62-2-24. Joinder of certain counts.

§62-2-25. Compromise or suppression of indictment or presentment.

CHAPTER 62, ARTICLE 3. TRIAL OF CRIMINAL CASES.

§62-3-1. Time for trial; depositions of witnesses for accused; counsel, copy of indictment, and list of jurors for accused; remuneration of appointed counsel.

§62-3-1a. Written guilty plea; form; right to counsel; effect of plea; failure of plea to be signed or witnessed.

§62-3-2. Presence of accused during trial; arraignment; plea.

§62-3-3. Selection of jury in felony cases; striking jurors; alternate jurors.

§62-3-4. Challenge of jurors.

§62-3-5. Repealed. Acts, 1965 Reg. Sess., Ch. 40.

§62-3-6. Custody of jury; board and lodging of jurors; conversation with jurors.

§62-3-7. Filling vacancy in jury; discharge of jury.

§62-3-8. Jury for defendants indicted and tried jointly; jury for separate trials of persons jointly indicted.

§62-3-9. Repealed. Acts, 1974 Reg. Sess., Ch. 66.

§62-3-10. Repealed. Acts, 1947 Reg. Sess., Ch. 62.

§62-3-11. Repealed. Acts, 1947 Reg. Sess., Ch. 62.

§62-3-12. Repealed. Acts, 1947 Reg. Sess., Ch. 62.

§62-3-13. Change of venue.

§62-3-14. Conviction of part of offense charged in indictment.

§62-3-15. Verdict and sentence in murder cases.

§62-3-16. Verdicts jury may find on indictments for homicide or assault.

§62-3-17. Verdicts jury may find in prosecution for larceny.

§62-3-18. Conviction of attempt on trial for felony; effect of general verdict of not guilty.

§62-3-19. Faulty counts in indictment.

§62-3-20. Verdict and judgment in joint trial.

§62-3-21. Discharge for failure to try within certain time.

CHAPTER 62, ARTICLE 4. RECOVERY OF FINES IN CRIMINAL CASES.

§62-4-1. Fines to accrue to state for support of free schools, unless otherwise provided.

§62-4-2. Allowance to informer or person prosecuting.

§62-4-3. Fine, imprisonment, etc., to be by indictment, etc.; exception.

§62-4-4. Recovery of fines before justice or in court.

§62-4-5. Form of proceedings.

§62-4-6. Remission of fines by Governor.

§62-4-7. Remission of fines by courts.

§62-4-8. Duties of prosecuting attorney in relation to fines.

§62-4-9. Capias pro fine; release of defendant on bond.

§62-4-10. Discharge from confinement; allowances for labor while confined.

§62-4-11. Fieri facias for collection of fines.

§62-4-12. Repealed. Acts, 1995 Reg. Sess., Ch. 83.

§62-4-13. Repealed. Acts, 1995 Reg. Sess., Ch. 83.

§62-4-14. Repealed. Acts, 1995 Reg. Sess., Ch. 83.

§62-4-15. Limitation upon collection of fines.

§62-4-16. Community service work may be substituted in lieu of a fine in municipal court and magistrate court; immunity from suit.

§62-4-17. Suspension of licenses for failure to appear in court; payment plan; failure to pay fines will result in late fee and judgment lien.

CHAPTER 62, ARTICLE 5. COSTS IN CRIMINAL CASES.

§62-5-1. Payment of witnesses.

§62-5-2. Payment of witness fees and other legal charges by prosecutor.

§62-5-3. Repealed. Acts, 1975 Reg. Sess., Ch. 126.

§62-5-4. Fees of officer executing process or rendering service out of county in felony cases.

§62-5-5. Certificate by the court as to fees and expenses.

§62-5-6. Expenses of preliminary hearing before justice certified to clerk.

§62-5-7. Execution for expenses incident to prosecution.

§62-5-8. Failure to present claim in time.

§62-5-9. Fee to prosecuting attorney out of State Treasury; judgment against state for costs.

§62-5-10. Mandatory cost assessed upon conviction of a felony.

CHAPTER 62, ARTICLE 6. MISCELLANEOUS PROVISIONS CONCERNING CRIMINAL PROCEDURES.

§62-6-1. Recognizance to keep the peace; condition.

§62-6-2. Repealed. Acts, 2007 Reg. Sess., Ch. 70.

§62-6-3. Recognizance of insane person or minor.

§62-6-4. Witnesses in criminal cases; forced attendance.

§62-6-5. Failure of juror to attend inquest out of court.

§62-6-6. Proceedings for fines for contempt or disobedience of process.

§62-6-6a. Disposition of prisoners.

§62-6-7. Severability.

§62-6-8. Alleged victim of sexual offense may not be required to submit to a polygraph examination or other truth telling device as a condition of investigating an alleged offense nor may prosecutors or law-enforcement officers decline to proceed if the victim refuses such examination.

CHAPTER 62, ARTICLE 6A. SECURING ATTENDANCE OF NONRESIDENT WITNESSES.

§62-1A-1. Definitions.

§62-6A-2. Summoning witness in this state to testify in another state.

§62-6A-3. Summoning witness in another state to testify in this state.

§62-6A-4. Exemption from arrest or service of process.

§62-6A-5. Construction of article.

§62-6A-6. How article cited.

CHAPTER 62, ARTICLE 6B. PROTECTION AND PRESERVATION OF STATEMENTS AND TESTIMONY OF CHILD WITNESS.

§62-6B-1. Legislative findings.

§62-6B-2. Definitions.

§62-6B-3. Findings of fact required for taking testimony of child witness by closed-circuit television; considerations for court.

§62-6B-4. Procedures required for taking testimony of child witness by closed-circuit television; election of defendant; jury instruction; sanction for failure to follow procedures; additional accommodation options; recordings and confidentiality.

§62-6B-5. Memorialization of statements of certain child witnesses; admissibility; hearing.

§62-6B-6. Confidentiality of recorded interviews of children.

CHAPTER 62, ARTICLE 7. EXECUTION OF SENTENCES; STAYS.

§62-7-1. Stay of proceedings.

§62-7-2. Period of stay when writ of error awarded.

§62-7-3. Stay of proceedings; removal to penitentiary after reasonable time pending appeal; procedure for bail.

§62-7-4. Repealed. Acts, 1965 Reg. Sess., Ch. 40.

§62-7-5. Repealed. Acts, 1965 Reg. Sess., Ch. 40.

§62-7-6. Repealed. Acts, 1965 Reg. Sess., Ch. 40.

§62-7-7. Removal of convicts to penitentiary -- Generally.

§62-7-8. Same -- Prevention of rescue or escape; additional guards.

§62-7-9. Same -- Immunity of guards from arrest.

§62-7-10. Prison Commitment order.

§62-7-10a. Jail Commitment order.

CHAPTER 62, ARTICLE 8. CRIMES BY AND PROCEEDINGS AGAINST INMATES.

§62-8-1. Offenses by inmates; conspiracy.

§62-8-2. Punishment of convicts; no discharge from correctional institution while prosecution is pending.

§62-8-3. Venue of trials of convicts.

§62-8-4. Procedure in sentencing inmates to further confinement for second and third offenses.

§62-8-5. Prosecutions for offenses under this article.

§62-8-6. Convicts competent as witnesses; proceedings, etc., as in other cases.

§62-8-7. Court costs incurred in prosecution of convicts.

§62-8-8. Orders and warrants for arrest of inmates; authorization to obtain arrest warrants.

CHAPTER 62, ARTICLE 9. FORMS OF INDICTMENTS.

§62-9-1. General form of indictments.

§62-9-2. Indictment for treason.

§62-9-3. Indictment for murder.

§62-9-4. Indictment for voluntary manslaughter.

§62-9-5. Indictment for abortion.

§62-9-6. Indictment for robbery.

§62-9-7. Repealed. Acts, 1976 Reg. Sess., Ch. 43.

§62-9-8. Indictment for arson.

§62-9-9. Indictment for burglary.

§62-9-10. Indictment for larceny.

§62-9-11. Indictment for embezzlement.

§62-9-12. Indictment for false pretenses.

§62-9-13. Indictment for taking, injuring or destroying property.

§62-9-14. Indictment for false statement of financial condition.

§62-9-15. Indictment for giving worthless check.

§62-9-16. Indictment for the forgery of writings.

§62-9-17. Indictment for perjury.

§62-9-18. Indictment for disturbing religious worship.

§62-9-19. Indictment for bigamy.

§62-9-20. Indictment for adultery.

§62-9-21. Indictment for keeping house of ill fame.

CHAPTER 62, ARTICLE 10. PREVENTION OF CRIME.

§62-10-1. Security to keep the peace.

§62-10-2. Intended offense -- Complaint; warrant.

§62-10-3. Hearing, judgment, appeal process for security to keep the peace.

§62-10-4. Same -- Proceedings on appeal; discharge from commitment by circuit court.

§62-10-5. Recognizance in carrying weapons.

§62-10-6. Offenses in presence of constable.

§62-10-7. Offenses in presence of justice.

§62-10-8. Special peace officers at fairs.

§62-10-9. Power and authority of sheriffs, deputy sheriffs and correctional officers to make arrests.

CHAPTER 62, ARTICLE 11. FRESH PURSUIT.

§62-11-1. Arrests within state by nonresident peace officer.

§62-11-2. Procedure upon arrest.

§62-11-3. Construction of §62-11-1.

§62-11-4. "State" includes District of Columbia.

§62-11-5. "Fresh pursuit" defined.

§62-11-6. Secretary of state to certify article.

§62-11-7. How article cited.

CHAPTER 62, ARTICLE 11A. RELEASE FOR WORK AND OTHER PURPOSES.

§62-11A-1. Release for work and other purposes by courts of record with criminal jurisdiction.

§62-11A-1a. Other sentencing alternatives.

§62-11A-2. Employment by county.

§62-11A-3. Personnel status; limitation on liability of public officials and county and community service work agencies.

§62-11A-4. Violations; penalties.

CHAPTER 62, ARTICLE 11B. HOME INCARCERATION ACT.

§62-11B-1. Short title.

§62-11B-2. Applicability.

§62-11B-3. Definitions.

§62-11B-4. Home incarceration; period of home incarceration; applicability.

§62-11B-5. Requirements for order for home incarceration.

§62-11B-6. Circumstances under which home incarceration may not be ordered; exceptions.

§62-11B-7. Home incarceration fees; special fund.

§62-11B-7a. Employment by county commission of home incarceration supervisors; authority of supervisors.

§62-11B-7b. Home incarceration supervisors deemed qualified law-enforcement officers as that term is used in 18 U.S.C. §926B.

§62-11B-8. Offender responsible for certain expenses.

§62-11B-9. Violation of order of home incarceration procedures; penalties.

§62-11B-10. Information to be provided law-enforcement agencies.

§62-11B-11. Discretion of the court; provisions of article not exclusive.

§62-11B-12. Supervision of home incarceration by circuit court.

§62-11B-13. Home incarceration for municipal court offenders.

CHAPTER 62, ARTICLE 11C. THE WEST VIRGINIA COMMUNITY CORRECTIONS ACT.

§62-11C-1. Legislative intent.

§62-11C-2. Community Corrections Subcommittee.

§62-11C-3. Duties of the subcommittee.

§62-11C-4. Special revenue account.

§62-11C-5. Establishment of programs.

§62-11C-6. Community criminal justice boards.

§62-11C-7. Supervision or participation fee.

§62-11C-8. Local community criminal justice accounts.

§62-11C-9. Use of community corrections programs for those not under court supervision.

§62-11C-10. Standardized risk and needs assessment; annual reviews; day report services.

CHAPTER 62, ARTICLE 11D. HEIGHTENED EXAMINATION AND SUPERVISION FOR CERTAIN SEX OFFENDERS.

§62-11D-1. Definitions.

§62-11D-2. Polygraph examinations as a condition of supervision for certain sex offenders released on probation, parole or on supervised release.

§62-11D-3. Electronic monitoring of certain sex offenders under supervision; tampering with devices; offenses and penalties.

CHAPTER 62, ARTICLE 11E. SEXUALLY VIOLENT PREDATOR MANAGEMENT TASK FORCE.

§62-11E-1. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§62-11E-2. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

§62-11E-3. Repealed. Acts, 2015 Reg. Sess., Ch. 53.

CHAPTER 62, ARTICLE 11F. PRETRIAL RELEASE PROGRAMS.

§62-11F-1. Applicability.

§62-11F-2. Establishment of pretrial release programs.

§62-11F-3. Pretrial release program guidelines.

§62-11F-4. Pretrial release assessment.

§62-11F-5. Role of pretrial release programs.

CHAPTER 62, ARTICLE 12. PROBATION AND PAROLE.

§62-12-1. Courts having authority to place offenders on probation.

§62-12-2. Eligibility for probation.

§62-12-3. Suspension of sentence and release on probation.

§62-12-4. Probation of offenders convicted in courts other than courts of record.

§62-12-5. Probation officers and assistants.

§62-12-5a. Repealed. Acts, 1975 Reg. Sess., Ch. 126.

§62-12-6. Powers and duties of probation officers.

§62-12-7. Pretrial and preliminary investigation; report on prospective probationers.

§62-12-7a. Presentence diagnosis and classification; power of court; custody of convicted person; provision for presentence reports; penalty for escape.

§62-12-8. Record of order as to release on probation.

§62-12-9. Conditions of release on probation.

§62-12-10. Violation of probation.

§62-12-11. Probation period.

§62-12-12. Parole Board generally.

§62-12-12a. Parole board panels.

§62-12-13. Powers and duties of board; eligibility for parole; procedure for granting parole.

§62-12-13a. Eligibility date for parole.

§62-12-13b. Special parole considerations for persons convicted as juveniles.

§62-12-13c. Authority of commissioner to establish a nonviolent offense parole program.

§62-12-14 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§62-12-14a Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§62-12-15 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§62-12-16. Repealed. Acts, 1955 Reg. Sess., Ch. 42.

§62-12-17. Conditions of release on probation and parole.

§62-12-18. Period of parole; discharge.

§62-12-19. Violation of parole.

§62-12-20. To whom article applies.

§62-12-21. Repeal of inconsistent laws;"director" construed to mean "board."

§62-12-22. Appointment of counsel for parole violators; authority to appoint; payment of counsel.

§62-12-23. Notification of parole hearing; victim's right to be heard; notification of release on parole.

§62-12-24. Request to continue for good cause and timely notice required.

§62-12-25 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§62-12-26. Extended supervision for certain sex offenders; sentencing; conditions; supervision provisions; supervision fee.

§62-12-27. Mandatory prerelease risk assessment of certain sex offenders.

§62-12-28. Authorizing Supreme Court to develop pilot pretrial release programs.

§62-12-29. Shared information for community supervision.

CHAPTER 62, ARTICLE 13. CORRECTIONS MANAGEMENT.

§62-13-1. Repealed. Acts, 2000 Reg. Sess., Ch. 60.

§62-13-2. Supervision of probationers and parolees; final determinations remaining with board of probation and parole.

§62-13-3 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§62-13-4 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§62-13-5 Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§62-13-6. Repealed. Acts, 1999 Reg. Sess., Ch. 61.

§62-13-6a Repealed Acts, 2018 Reg. Sess., Ch. 107.  

§62-13-7. Repeal of inconsistent laws; transfer of certain functions of board of probation and parole to department of corrections.

CHAPTER 62, ARTICLE 14. AGREEMENT ON DETAINERS.

§62-14-1. Enactment of compact.

§62-14-2. "Appropriate court" defined.

§62-14-3. Enforcement of agreement.

§62-14-4. Application of habitual criminal law not required.

§62-14-5. Escape of prisoner while in temporary custody.

§62-14-6. Delivering custody of prisoner.

§62-14-7. Central administrator and information agent.

CHAPTER 62, ARTICLE 14A. EXTRADITION.

§62-14A-1. Extradition of fugitives from foreign nations.

§62-14A-2. Extradition of persons charged with crime in another state or imprisoned or awaiting trial in another state.

§62-14A-3. Governor"s warrant of arrest.

§62-14A-4. Hearing after arrest; application for writ of habeas corpus; arrest and confinement of fugitives from another state; bail; persons involved in criminal or civil actions in this state.

§62-14A-5. Return of fugitive from this state.

§62-14A-6. Immunity from service of civil process; waiver of extradition proceedings; nonwaiver of rights of state; trial on other charges after return.

§62-14A-7. How costs paid; complainant responsible for.

CHAPTER 62, ARTICLE 15. DRUG OFFENDER ACCOUNTABILITY AND TREATMENT ACT.

§62-15-1. Short title.

§62-15-2. Definitions.

§62-15-3. Policy and goals.

§62-15-4. Court authorization and structure.

§62-15-5. Drug court teams.

§62-15-6. Eligibility.

§62-15-6a. Treatment supervision.

§62-15-6b. Intermediate incarceration sanctions for drug court participants; responsibility for costs of incarceration.

§62-15-7. Treatment and support services.

§62-15-8. Drug testing.

§62-15-9. Governance.

§62-15-9a. Adult Drug Court Participation Fund.

§62-15-10. Program integrity and offender accountability.

§62-15-11. Funding.

§62-15-12. Immunity from liability.

§62-15-13. Statutory construction.

CHAPTER 62, ARTICLE 15A. ADDICTION TREATMENT PILOT PROGRAM.

§62-15A-1. Definitions.

§62-15A-2. The Department of Military Affairs and Public Safety Drug Addiction Treatment Program.

§62-15A-3. Annual reports.

CHAPTER 62, ARTICLE 15B. FAMILY DRUG TREATMENT COURT ACT.

§62-15B-1. Oversight and implementation of family drug treatment courts.

§62-15B-2. Establish eligibility and policies procedures.

CHAPTER 62, ARTICLE 16. THE MILITARY SERVICE MEMBERS COURT ACT.

§62-16-1. Short title.

§62-16-2. Legislative findings.

§62-16-3. Definitions.

§62-16-4. Court authorization; funding; immunity from liability.

§62-16-5. Eligibility; written agreement.

§62-16-6. Procedure; mental health and substance abuse treatment; violation; termination.

§62-16-7. Program integrity and offender accountability.

CHAPTER 63. REPEAL OF STATUTES.

CHAPTER 63, ARTICLE 1. REPEAL OF ACTS OF A GENERAL NATURE; SPECIAL OR LOCAL ACTS NOT AFFECTED.

§63-1-1. Effective date of code; repeal of acts of a general nature.

§63-1-2. Effect of such repeal in general.

§63-1-3. Special or local acts not repealed.

§63-1-4. Effect of repeal on persons in office, and on practitioners of professions and occupations.

§63-1-5. Notice, recognizance, or process given, taken, or issued before code in force; nothing in code to operate to discontinue any pending case.

CHAPTER 64. LEGISLATIVE RULES.

CHAPTER 64, ARTICLE 1. GENERAL LEGISLATIVE AUTHORIZATION.

§64-1-1. Legislative authorization.

CHAPTER 64, ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO PROMULGATE LEGISLATIVE RULES.

§64-2-1. Department of Administration.

§64-2-2. Information Services and Communications Division.

§64-2-3. Office of Technology.

§64-2-4. Public Defender Services.

CHAPTER 64, ARTICLE 3. AUTHORIZATION FOR DEPARTMENT OF ENVIRONMENTAL PROTECTION TO PROMULGATE LEGISLATIVE RULES.

§64-3-1. Department of Environmental Protection.

§64-3-1a. Department of Environmental Protection, Air Quality.

§64-3-2. Department of Environmental Protection – Secretary’s Office.

§64-3-3. Environmental Quality Board.

§64-3-4. Miner Training, Education and Certification Board.

§64-3-5 Water Resources Board.

§64-3-6. Air Quality Board.

§64-3-7. Oil and Gas Inspectors Examining Board.

CHAPTER 64, ARTICLE 4. AUTHORIZATION FOR DEPARTMENT OF EDUCATION AND THE ARTS TO PROMULGATE LEGISLATIVE RULES.

§64-4-1. Division of Rehabilitation Services.

CHAPTER 64, ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH TO PROMULGATE LEGISLATIVE RULES.

§64-5-1. Department of Health.

§64-5-2. Department of Health and Human Resources and the Insurance Commissioner.

§64-5-3. Department of Health and Human Resources and Insurance Commission.

CHAPTER 64, ARTICLE 5A. AUTHORIZATION FOR DEPARTMENT OF HUMAN SERVICES TO PROMULGATE LEGISLATIVE RULES.

§64-5A-1. Department of Human Services.

§64-5A-2. Family Protection Services Board.

CHAPTER 64, ARTICLE 5B. AUTHORIZATION FOR OFFICE OF INSPECTOR GENERAL TO PROMULGATE LEGISLATIVE RULES.

§64-5B-1. Office of Inspector General.

CHAPTER 64, ARTICLE 6. AUTHORIZATION FOR DEPARTMENT OF HOMELAND SECURITY TO PROMULGATE LEGISLATIVE RULES.

§64-6-1. Governor's Committee on Crime, Delinquency, and Correction.

§64-6-2. Division of Protective Services.

§64-6-3. State Emergency Response Commission.

§64-6-4. West Virginia State Police.

§64-6-5. West Virginia State Police.

CHAPTER 64, ARTICLE 7. AUTHORIZATION FOR DEPARTMENT OF REVENUE TO PROMULGATE LEGISLATIVE RULES.

§64-7-1. Alcohol Beverage Control Administration.

§64-7-2. Insurance Commissioner.

§64-7-3. Lottery Commission.

§64-7-4. Tax Division.

§64-7-5. West Virginia Tax Department.

§64-7-6. State Tax Department.

CHAPTER 64, ARTICLE 8. AUTHORIZATION FOR DEPARTMENT OF TRANSPORTATION TO PROMULGATE LEGISLATIVE RULES.

§64-8-1. Division of Highways.

§64-8-2. Division of Motor Vehicles.

§64-8-3. Parkways Authority.

CHAPTER 64, ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO PROMULGATE LEGISLATIVE RULES.

§64-9-1. Department of Agriculture.

§64-9-2. Board of Architects.

§64-9-3. State Auditor.

§64-9-4. Board of Barbers and Cosmetologists.

§64-9-5. Board of Chiropractic Examiners.

§64-9-6. Board of Dentistry.

§64-9-7. Election Commission.

§64-9-8. Board of Funeral Service Examiners.

§64-9-9. Massage Therapy Licensure Board.

§64-9-10. Board of Medicine.

§64-9-11. Board of Occupational Therapy.

§64-9-12. Board of Osteopathic Medicine.

§64-9-13. Board of Pharmacy.

§64-9-14. Board of Examiners of Psychologists.

§64-9-15. Real Estate Appraiser Licensing and Certification Board.

§64-9-16. Real Estate Commission.

§64-9-17. Board of Respiratory Care.

§64-9-18. Board of Sanitarians.

§64-9-19. Board of Examiners for Speech-Language Pathology and Audiology.

§64-9-20. State Conservation Committee.

§64-9-21. Hope Scholarship Board.

§64-9-22. West Virginia Board of Respiratory Care.

§64-9-23. Secretary of State.

§64-9-24. State Treasurer.

§64-9-25. Real Estate Appraiser Licensing and Certification Board.

§64-9-26. Real Estate Commission.

§64-9-27. Board of Examiners for Registered Professional Nurses.

§64-9-28. West Virginia Board of Respiratory Care.

§64-9-29. Board of Sanitarians.

§64-9-30. Board of Social Work.

§64-9-31. Board of Speech-Language Pathology and Audiology.

§64-9-32. State Auditor.

§64-9-33. State Conservation Committee.

§64-9-34. Board of Veterinary Medicine.

CHAPTER 64, ARTICLE 10. AUTHORIZATION FOR DEPARTMENT OF COMMERCE TO PROMULGATE LEGISLATIVE RULES.

§64-10-1. Office of Miners’ Health, Safety, and Training.

§64-10-2. Division of Natural Resources.

§64-10-3. Office of Miners’ Health, Safety, and Training.

§64-10-4. Division of Natural Resources.

§64-10-5. Public Energy Authority.

CHAPTER 64, ARTICLE 11. TECHNICAL CORRECTIONS TO THE CODE OF STATE RULES.

§64-11-1. Division of environmental protection, office of oil and gas.

§64-11-2. Division of environmental protection, office of mining and reclamation and office of abandoned mine lands and reclamation.

§64-11-3. Division of environmental protection, office of air quality.

§64-11-4. Division of environmental protection, office of water resources.

§64-11-5. Division of environmental protection, office of waste management.

CHAPTER 64, ARTICLE 12. REPEAL OF UNAUTHORIZED AND OBSOLETE RULES.

§64-12-1. Department of Administration

§64-12-2. Department of Health and Human Resources, the Insurance Commissioner, and the Chair of the Department of Health and Human Resources.

§64-12-3. Department of Revenue

§64-12-4. Department of Commerce

§64-12-5. Department of Transportation.

§64-12-6. Miscellaneous agencies, boards, and commissions.

§64-12-7. Bureau of Commerce.