141 sections in this chapter.
W. Va. Code § 4-11A-11 General powers
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(a) The authority has all the general powers necessary to carry out its purposes and duties and to exercise its specific powers, including, but not limited to, the power to: (1) Enter into sales agreements and acquire by purchase, grant, lease, gift or otherwise from the state it…
W. Va. Code § 4-11A-12 Authorization of the sale of rights in the master settlement agreement
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(a) The sale of the state's share shall be authorized by an executive order issued by the Governor as authorized in this section. The executive order shall be received by the Secretary of State and filed in the state Register pursuant to section three, article two, chapter twenty…
W. Va. Code § 4-11A-13 Authorization of bonds of the authority
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(a) The authority may issue bonds in more than one series and, if bonds are issued, shall use the net proceeds to purchase the state's share pursuant to the sales agreement to be applied as set forth in section twelve of this article. In connection with the issuance of bonds and …
W. Va. Code § 4-11A-14 Exemption from purchasing provisions
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The provisions of article three, chapter five-a of this code shall not apply to the authority with respect to contracts entered into by the authority in carrying out the public and essential governmental functions set forth in this article and are exempt from the laws of the stat…
W. Va. Code § 4-11A-15 Bankruptcy
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Notwithstanding any other provision of law, the authority is not authorized, and no governmental officer or organization shall authorize the authority to become a debtor in a case under the United States bankruptcy code, Title 11 of the United States Code, to make an assignment f…
W. Va. Code § 4-11A-16 Dissolution of the authority; distribution of assets
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The authority shall dissolve not sooner than three hundred sixty-six days after it no longer has any bonds outstanding and no later than two years from the date of final payment of all outstanding bonds and the satisfaction of all outstanding obligations of the authority, except …
W. Va. Code § 4-11A-17 Construction
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This article, being considered necessary for the welfare of the state and its people, shall be liberally construed to affect its purpose.
W. Va. Code § 4-11A-18 Dedication of personal income tax proceeds as replacement moneys for anticipated tobacco master settlement agreement proceeds to the Old Fund
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(a) There is hereby dedicated an annual amount of $50,400,000 from annual collections of the tax imposed by article twenty-one, chapter eleven of this code as a portion of the revenue source dedicated to satisfy the Old Fund liabilities as they occur to provide a dollar for dolla…
W. Va. Code § 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
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(a) In December, 2005, the Governor issued a proclamation regarding the privatization of the workers' compensation system pursuant to section eleven, article two-c, chapter twenty-three of this code, thereby proclaiming that a revenue source had been secured to satisfy the Old Fu…
W. Va. Code § 4-11-2 Definitions
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As used in this article: “Federal funds” means any financial assistance made to a spending unit by the United States government, whether a loan, grant, block grant, subsidy, augmentation, reimbursement or any other form of such assistance, including “federal-matching funds”; “Fed…
W. Va. Code § 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
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(a) The Legislature finds and declares that certain dedicated revenues should be preserved in trust for the purpose of stabilizing the state's health-related programs and delivery systems. It further finds and declares that these dedicated revenues should be preserved in trust fo…
W. Va. Code § 4-11A-3 Receipt of settlement funds and required deposit in the West Virginia Tobacco Settlement Fund
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(a) There is hereby created in the state Treasury a special revenue account, designated the Tobacco Settlement Fund, which shall be an interest-bearing account and may be invested in the manner permitted by the provisions of article six, chapter twelve of this code, with the inte…
W. Va. Code § 4-11-3 Receipt of federal funds and required deposit in state treasury
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Unless contrary to federal law, all federal funds received by a spending unit shall be deposited in and credited to special fund accounts as provided by §12-2-2 of this code and shall be available for appropriation by the Legislature as part of the state budget in accordance with…
W. Va. Code § 4-11-4 Inclusion of federal funds in state budget and the budget bill
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Pursuant to article §5-1A-1 et seq., and §11B-2-1 et seq. of this code, the Governor shall itemize in the state budget and in the budget bill, on a line-item basis, separately, for each spending unit, the amount and purpose of all federal funds received or anticipated for expendi…
W. Va. Code § 4-11A-4 Limitation on appeal bond
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The bond that any appellant who is a signatory or a successor to a signatory of the master settlement agreement or who controls or is under common control with a signatory of the master settlement agreement may be required to post to stay execution on a judgment during an appeal …
W. Va. Code § 4-11A-5 Applicability
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The provisions of section four of this article, as originally passed or later amended, apply to all actions pending in the courts of this state on the effective date of this section and to any action filed in this state on or after the effective date: Provided, That the provision…
W. Va. Code § 4-11-5 Legislative appropriation authority
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(a) No spending unit may make expenditures of any federal funds, whether such funds are advanced prior to expenditure or as reimbursement, unless such expenditures are made pursuant to specific appropriations by the Legislature, except as may be hereinafter provided. (b) To the e…
W. Va. Code § 4-11A-6 Creation of Tobacco Settlement Finance Authority
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(a) The Tobacco Settlement Finance Authority is hereby created and constitutes a body corporate and politic, constituting a public corporation and government instrumentality of the state and the exercise of its powers pursuant to this article is an essential governmental function…
W. Va. Code § 4-11-6 Exclusions
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The following are excluded from the provisions of this article: (1) Federal funds received by state institutions of higher education or by students or faculty members of such institutions for instructional or research purposes and federal funds received for student scholarships o…
W. Va. Code § 4-11A-7 Definitions
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Unless the context clearly indicates otherwise, as used in this article: (a) "Authority" means the Tobacco Settlement Finance Authority created in this article. (b) "Board" means the governing board of the authority. (c) "Bonds" means bonds, notes and other obligations and financ…
W. Va. Code § 4-11-7 Conflict with other statutory provisions
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If there is any conflict between the provisions of this article and any other provision of law, including this code, relating to receiving or expending federal funds, the provisions of this article shall govern and control.
W. Va. Code § 4-11A-8 Governing board
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(a) The powers of the authority are vested in and shall be exercised by a board of five individuals, consisting of the Secretary of the Department of Administration, who shall act as chairperson, the Treasurer of the State of West Virginia, and three individuals, each appointed b…
W. Va. Code § 4-11A-9 Staff; assistance by state officers, agencies and departments
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(a) The Secretary of the Department of Administration shall furnish to the authority any secretarial, clerical, technical, research and other services that are necessary to the conduct of the business of the authority. (b) State officers, agencies and departments may render servi…
W. Va. Code § 4-12-1 Authority of Legislature to establish West Virginia law institute
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The West Virginia Legislature creates and establishes a state law institute, to be known as the "West Virginia Law Institute," as an official advisory law revision and law reform agency of the State of West Virginia and to be located at the West Virginia University college of law…
W. Va. Code § 4-12-2 Purposes and duties
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The general purposes of the West Virginia law institute are to promote and encourage the clarification and simplification of the law of West Virginia, to improve the better administration of justice and to conduct scholarly legal research and scientific legal work. To that end it…
W. Va. Code § 4-12-3 Governing council and members
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(a) The institute shall have such members and committees as the governing body of the West Virginia law institute may direct. The governing body shall also elect a president, secretary and any other officers as it determines necessary. (b) The governing body of the institute shal…
W. Va. Code § 4-12-4 Compensation of members of the council of the West Virginia law institute, director and assistants
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The members of the council of the West Virginia law institute shall serve without any compensation for services as such. The council may employ and fix and pay reasonable compensation to the director of the institute and the director's assistants, and may pay honoraria to members…
W. Va. Code § 4-12-5 Adoption of membership plan
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The council of the West Virginia law institute shall adopt a plan or plans of membership in the West Virginia law institute so designated as to encourage and invite the cooperation of all members of the legal profession in the work of the institute.
W. Va. Code § 4-12-6 Institute to act in advisory capacity only; distribution of reports, studies, and recommended publications
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The West Virginia law institute, in submitting reports to the Legislature, shall act solely in an advisory capacity. Its reports, studies and recommended publications shall be printed and shall be distributed by the institute in a manner as directed by the council.
W. Va. Code § 4-13A-1 Findings; West Virginia Semiquincentennial Commission established; purpose
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(a) The Legislature finds that the 250th anniversary of our nation’s founding is of such historical significance as to warrant its commemoration. (b) There is hereby created the West Virginia Semiquincentennial Commission. (c) The purpose of the commission is to prepare for and c…
W. Va. Code § 4-13A-2 Membership; terms; filling vacancies; election of chair and vice chair
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(a) The Governor shall appoint 10 members as follows: (1) Three academic historians; (2) Five citizens members, no more than one of whom may be from any one state senatorial district; (3) A member of the National Society of the Sons of the American Revolution; (4) A member of the…
W. Va. Code § 4-13A-3 Expense reimbursement
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(a) Members shall serve without compensation. (b) The commission may reimburse members for all reasonable and necessary expenses actually incurred in the performance of his or her duties as a commission member, in a manner consistent with the guidelines of the travel management o…
W. Va. Code § 4-13A-4 Quorum; meetings
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(a) A simple majority of the members serving on the board at a given time constitutes a quorum for the transaction of business. (b) Meetings shall be held in accordance with the provisions of §6-9A-1 et seq., of this code.
W. Va. Code § 4-13A-5 Advisory council
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The commission may establish an advisory council composed of citizens at large who have knowledge of American history and interest in its semiquincentennial celebration to assist the commission in its work.
W. Va. Code § 4-13A-6 Powers; duties; limitation on duration of contracts
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The commission may: (1) Solicit, accept, use, and dispose of gifts, grants, donations, bequests, or other funds or real or personal property for the purpose of aiding or facilitating the work of the commission, upon compliance with the provisions of §12-2-2 of this code; (2) Proc…
W. Va. Code § 4-13A-7 Termination of the commission
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The commission shall terminate on June 30, 2027.
W. Va. Code § 4-14-1 Findings, purpose and intent
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(a) The Legislature finds that: (1) Investment in infrastructure is crucial to the well-being of West Virginians and West Virginia businesses; (2) The state must spend funds wisely on infrastructure in order to get the best return on investment and must make long-term plans for i…
W. Va. Code § 4-14-2 Definitions
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As used in this article: (1) "Agency" means each agency, authority, board, committee, commission or division of the Department of Transportation; (2) "Commission" means the Legislative Oversight Commission on Transportation Accountability; and (3) "Department" means the Departmen…
W. Va. Code § 4-14-3 Creation of a Legislative Oversight Commission on Department of Transportation Accountability
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(a) There is hereby created a joint commission of the Legislature known as the Legislative Oversight Commission on Department of Transportation Accountability. The commission shall be composed of an equal number of senators and delegates, as appointed by the President of the Sena…
W. Va. Code § 4-14-4 Powers and duties of commission
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(a) The powers, duties and responsibilities of the commission include the following: (1) Make a continuing investigation, study and review of the practices, policies and procedures of the department; (2) Make a continuing investigation, study and review of all matters related to …
W. Va. Code § 4-14-5 Legislative reports
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(a) The department shall report to the commission annually on or before December 31 of each year and provide detailed reports as directed by the commission. The commission shall describe to the department, in writing, the criteria to be addressed in each report. Reports required …