696 sections in this chapter.
W. Va. Code § 29-21-15 Public defender corporations -- Board of directors
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(a) The governing body of each public defender corporation shall be a board of directors consisting of persons who are residents of the area to be served by the public defender corporation. (1) In multicounty circuits, and in the case of multicircuit or regional corporations, the…
W. Va. Code § 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
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(a) The agency shall establish and periodically review and update financial guidelines for determining eligibility for legal representation made available under the provisions of this article. The agency shall adopt a financial affidavit form for use by persons seeking legal repr…
W. Va. Code § 29-21-17 Private practice of law by public defenders
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(a) No full-time public defender or full-time assistant public defender may engage in any private practice of law except as provided in this section. (b) A board of directors may permit a newly employed full-time public defender or full-time assistant public defender to engage in…
W. Va. Code § 29-21-18 Records and reports
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(a) The agency is authorized to require such reports as it deems necessary from any public defender corporation or other entity or person receiving funding under this article regarding activities carried out pursuant to this article. (b) The agency is authorized to prescribe the …
W. Va. Code § 29-21-19 Audits
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(a) The accounts of each public defender corporation shall be audited annually as soon as possible after the end of each state fiscal year. Such audits shall be conducted in accordance with generally accepted auditing standards by the State Tax Commissioner. (b) The audits shall …
W. Va. Code § 29-21-2 Definitions
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As used in this article, the following words and phrases are hereby defined: (1) "Eligible client": Any person who meets the requirements established by this article to receive publicly funded legal representation in an eligible proceeding as defined herein; (2) "Eligible proceed…
W. Va. Code § 29-21-20 Appointed counsel immune from liability
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Any attorney who provides legal representation under the provisions of this article under appointment by a circuit court, family court or by the Supreme Court of Appeals, and whose only compensation therefor is paid under the provisions of this article, shall be immune from liabi…
W. Va. Code § 29-21-21 Forgiveness of loans; reversion of public defender corporation assets
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All equipment, operational or supplemental loans heretofore made under the former provisions of article twenty-one are forgiven and declared null and void and shall not be an obligation of a public defender corporation formerly established under the previous provisions of article…
W. Va. Code § 29-21-3 Establishment of Public Defender Services
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There is hereby created an executive agency known as Public Defender Services. The agency shall administer, coordinate and evaluate programs by which the state provides legal representation to indigent persons, monitor the progress of various delivery systems and recommend improv…
W. Va. Code § 29-21-3B Indigent Defense Commission
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(a) There is hereby established the Indigent Defense Commission to provide assistance to Public Defender Services with regard to the general policies and procedures of the agency, including, but not limited to, the opening, closing, or merging of public defender offices throughou…
W. Va. Code § 29-21-4 Purpose and duties of Public Defender Services
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The agency shall have as its principal purpose the development and improvement of programs by which the state provides legal representation to indigent persons.
W. Va. Code § 29-21-5 Executive director
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(a) The Governor shall appoint, by and with the advice and consent of the Senate, the executive director of Public Defender Services, who shall serve at the will and pleasure of the Governor. The executive director shall be a qualified administrator as determined by the Governor,…
W. Va. Code § 29-21-6 Powers, duties, and limitations
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(a) Consistent with the provisions of this article, the agency is authorized to make grants to and contracts with public defender corporations and with individuals, partnerships, firms, corporations, and nonprofit organizations for the purpose of providing legal representation un…
W. Va. Code § 29-21-7 Criminal law research center established; functions
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(a) Within the agency, there shall be a division known as the criminal law research center which may: (1) Undertake research, studies and analyses and act as a central repository, clearinghouse and disseminator of research materials; (2) Prepare and distribute a criminal law manu…
W. Va. Code § 29-21-8 Public defender corporations; establishment thereof
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(a) (1) In each judicial circuit of the state, there is hereby created a public defender corporation of the circuit: Provided, That the executive director, with the approval of the Indigent Defense Commission, may authorize the creation, merger or dissolution of a public defender…
W. Va. Code § 29-21-9 Panel attorneys
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(a) In each circuit of the state, the circuit court shall establish and maintain regional and local panels of private attorneys-at-law who are available to serve as counsel for eligible clients. An attorney-at-law may become a panel attorney and be enrolled on the regional or loc…
W. Va. Code § 29-22C-1 Short title
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This article shall be known and may be cited as the West Virginia Lottery Racetrack Table Games Act.
W. Va. Code § 29-22-1 Short title
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This article shall be known and may be cited as the "State Lottery Act."
W. Va. Code § 29-22D-1 Short title
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This article shall be known and may be cited as the West Virginia Lottery Sports Wagering Act.
W. Va. Code § 29-22E-1 Short title
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This article shall be known and may be cited as the West Virginia Lottery Interactive Wagering Act.
W. Va. Code § 29-22A-1 Short title
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This article shall be known and may be cited as the "Racetrack Video Lottery Act."
W. Va. Code § 29-22E-10 License prohibitions
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(a) The commission may not grant any license, pursuant to the provisions of this article, if evidence satisfactory to the commission exists that the applicant: (1) Has knowingly made a false statement of a material fact to the commission; (2) Has been suspended from operating a g…
W. Va. Code § 29-22C-10 Duties of racetrack table games licensee
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(a) General. -- All racetrack table games licensees shall: (1) Promptly report to the commission any facts or circumstances related to the operation of a racetrack with West Virginia Lottery table games which constitute a violation of state or federal law; (2) Conduct all table g…
W. Va. Code § 29-22D-10 License prohibitions
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(a) The commission may not grant any license, pursuant to the provisions of this article, if evidence satisfactory to the commission exists that the applicant: (1) Has knowingly made a false statement of a material fact to the commission; (2) Has been suspended from operating a g…
W. Va. Code § 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
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(a) The commission shall provide to manufacturers, or applicants applying for a manufacturer’s permit, the protocol documentation data necessary to enable the respective manufacturer’s video lottery terminals to communicate with the commission’s central computer for transmitting …
W. Va. Code § 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
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(a) The commission shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code for the licensing of lottery sales agents for the sale and dispensing of lottery tickets, materials and lottery games, and the op…
W. Va. Code § 29-22B-1001 Manufacturer must be licensed
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A manufacturer of video lottery terminals may not sell or lease video lottery terminals to any person for use in this state unless the manufacturer possesses a current manufacturer's license issued by the Lottery Commission as provided in this article.
W. Va. Code § 29-22B-1002 Manufacturers may sell or lease only to permittees
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A licensed manufacturer of video lottery terminals may only sell or lease video lottery terminals for use in this state to a person who possesses at the time of delivery a valid permit to own or lease one or more video lottery terminals and a valid operator's license or a valid l…
W. Va. Code § 29-22B-1003 Terminals must be approved
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A licensed manufacturer may not sell or lease a video lottery terminal for placement by a permittee in this state unless the terminal has been approved by the Lottery Commission as provided in this article.
W. Va. Code § 29-22B-1004 Purchase or lease by permittees
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Only permittees may purchase or lease video lottery terminals from a licensed manufacturer.
W. Va. Code § 29-22B-101 Short title
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This article shall be known and may be cited as the "Limited Video Lottery Act."
W. Va. Code § 29-22B-102 Authorization for limited video lottery; regulation by Lottery Commission
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Limited video lottery is hereby authorized and may be operated and maintained subject to the provisions of this article. The limited video lottery authorized by this article, being a lottery, is subject to regulation by the West Virginia Lottery Commission.
W. Va. Code § 29-22B-103 Exceptions
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(a) Nothing in this article shall be construed in any way to modify, amend, or otherwise affect the validity of any provisions regulating charitable bingo and raffles as set forth in articles 47-20-1, et seq., and 47-21-1, et seq., of this code. (b) Nothing contained in this arti…
W. Va. Code § 29-22A-10A Lottery commission income to be deposited in state lottery fund
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Notwithstanding the provisions of subdivision one, subsection (c), section ten of this article, beginning on July 1, 1995 and continuing thereafter, the net terminal income received by the commission shall be paid into the state Lottery Fund created by section eighteen, article t…
W. Va. Code § 29-22A-10B Distribution of excess net terminal income
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(a) For all years beginning on or after July 1, 2001, any amount of net terminal income generated annually by a licensed racetrack in excess of the amount of net terminal income generated by that licensed racetrack during the fiscal year ending on June 30, 2001, shall be divided …
W. Va. Code § 29-22A-10C Surcharge; Capital Reinvestment Fund
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(a) For all fiscal years beginning on or after July 1, 2001, there shall be imposed a surcharge of ten percent against the excess of total net terminal income generated from a licensed racetrack for that fiscal year over total net terminal income from that licensed racetrack for …
W. Va. Code § 29-22A-10D Changes in distribution of net terminal income; distributions from excess lottery fund
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(a) Notwithstanding any provision of §29-22A-10(b) of this code to the contrary, for the fiscal year beginning July 1, 2014, and each fiscal year thereafter, the commission may transfer up to $9 million as actual costs and expenses to the Licensed Racetrack Modernization Fund. (b…
W. Va. Code § 29-22A-10E Changes in distribution of excess net terminal income; distributions from excess lottery fund
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(a) Notwithstanding any provision of §29-22A-10b(a) of this code to the contrary, for the fiscal year beginning July 1, 2014, and each fiscal year thereafter, each distribution, except those distributions to be made pursuant to §29-22A-10b(a) (1), (2), (3), (4), (5) and (7) of th…
W. Va. Code § 29-22A-10F Changes in distribution of surcharge
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(a) Notwithstanding any provision of subsection (b), section ten-c of this article to the contrary, for the fiscal year beginning July 1, 2014, and each fiscal year thereafter, each distribution made pursuant to section ten-c of this article shall be reduced by ten percent. (b) T…
W. Va. Code § 29-22A-10G Redirection of certain amounts from net terminal revenue
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(a) The Governor may, by Executive Order, redirect seventy-five percent of the deposits of revenues derived from net terminal income imposed under this article, for any period commencing after June 30, 2017, and ending before July 1, 2018, to the General Revenue Fund, instead of …
W. Va. Code § 29-22C-11 Reports by a racetrack table games licensee
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A racetrack table games licensee shall maintain daily records showing the gross receipts and adjusted gross receipts of the racetrack from West Virginia Lottery table games and shall timely file with the commission any additional reports required by rule promulgated by the commis…
W. Va. Code § 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
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(a) No person may sell lottery tickets or materials unless authorized by the commission to so act. No person may perform the functions of a licensed lottery sales agent unless licensed by the commission. No person may perform the functions of a lottery retailer unless authorized …
W. Va. Code § 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
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(a) No video lottery terminal may be placed in operation in this state until the manufacturer provides training in the service and repair of each approved video lottery terminal model and service technicians complete such training. Manufacturers must submit to the commission the …
W. Va. Code § 29-22E-11 Interactive wagering house rules; posting of rules
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(a) Each operator shall adopt comprehensive house rules for game play governing interactive wagering transactions with its patrons. These comprehensive rules will be published as part of the minimum internal control standards. The rules shall specify the amounts to be paid on win…
W. Va. Code § 29-22D-11 Sports wagering house rules; posting of rules
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(a) Each operator shall adopt comprehensive house rules for game play governing sports wagering transactions with its patrons. These comprehensive rules will be published as part of the minimum internal control standards. The rules shall specify the amounts to be paid on winning …
W. Va. Code § 29-22B-1101 Limitation on number and location of video lottery terminals
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(a) The Lottery Commission may not authorize the placement of more than nine thousand video lottery terminals in restricted access adult-only facilities in this state. (b) No person may directly or indirectly operate more than seven and one-half percent of the number of video lot…
W. Va. Code § 29-22B-1102 Permits to operate video lottery terminals; expiration date; annual fee to be paid by May 1st
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(a) The Lottery Commission shall establish forms for an operator's permit to own or lease and operate video lottery terminals and a permit for a limited video lottery retailer that allows the holder to own or lease video lottery terminals from a licensed manufacturer. The number …
W. Va. Code § 29-22B-1103 Permit fee
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(a) For the privilege of holding a permit that authorizes the licensee to own or lease video lottery terminals from a licensed manufacturer, the person shall pay an annual fee of $1,000 per video lottery terminal for which the permit is issued. (b) (1) Notwithstanding any provisi…
W. Va. Code § 29-22B-1104 Reservation of authority to have video lottery terminals on or before August 1, 2001
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(a) On or before August 1, 2001, every person who held on January 1, 2001, a private club license issued as provided in article 60-7-1 et seq. of this code, or a Class "A" nonintoxicating beer license issued as provided in article 11-16-1 et seq. of this code, and wants to offer …
W. Va. Code § 29-22B-1105 Determination of authorizations to be issued without bid and number of authorizations to be bid
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(a) When the applications provided for in section 22B-1104 of this part are received by the commission on or before August 1, 2001, the commission shall reserve for each applicant authorizations to have no more than two video lottery terminals on the premises for which the privat…