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417 sections in this chapter.
W. Va. Code § 5-31-1 Legislative findings
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(a) The citizens of West Virginia, its local governments, and its communities have entered into a memorandum of understanding. The memorandum of understanding known as the West Virginia First Memorandum of Understanding was filed in the Circuit Court of Kanawha County, calling fo…
W. Va. Code § 5-31-2 Definitions
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"Approved purposes" means those purposes set forth in Appendix A of the memorandum of understanding for which expenditures are authorized. "Expert panel" means the group of individuals, appointed by the governing board, having substantive expertise in the fields of substance abus…
W. Va. Code § 5-31-3 West Virginia First Foundation
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A private foundation in keeping with the order, known as the West Virginia First Foundation, that qualifies under Internal Revenue Code Section 501(c)(3), and created by the parties to the memorandum of understanding is recognized. The foundation shall have a governing board, an …
W. Va. Code § 5-31-4 West Virginia First Foundation Board composition; executive director
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(a) The governing board shall consist of 11 members representing: (1) The interests of the State of West Virginia. The Governor shall appoint five members to the governing board with the advice and consent of the Senate. The Governor may not appoint more than one member from a re…
W. Va. Code § 5-31-5 Audits and annual reports
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(a) The operations of the foundation and the entities it supervises are subject to audit and review by the Attorney General. (b) Each local government shall submit an annual financial report to the foundation no later than April 30 of each year specifying the amounts spent on app…
W. Va. Code § 5-32-1 Purpose and general application
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(a) The purpose of this article is to: (1) Reaffirm the longstanding meaning of sex, male, and female in state law. (2) Preserve women's restrooms, multiple occupancy restrooms or changing rooms, and sleeping quarters for women in facilities where women have been traditionally af…
W. Va. Code § 5-32-2 Findings
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(a) Males and females are legally equal, but they are not biologically the same. (b) Males and females possess unique and immutable biological differences that manifest prior to birth and increase as they age and experience puberty. (c) These unique and immutable biological diffe…
W. Va. Code § 5-32-3 Definitions of terms used in the code and Code of State Rules
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As used in this code and/or any administrative rules, regulations, or public policies adopted by the state or its instrumentalities: (1) A "woman" is an adult human of the female sex, and a "man" is an adult human of the male sex. (2) A "girl" is a human female who is a legal min…
W. Va. Code § 5-32-4 Sex-based protections permitted and standard of review
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Notwithstanding any other provision of law to the contrary, no state or local governmental agency may prohibit distinctions between the sexes with respect to domestic violence shelters, or other accommodation where biology, safety, or privacy are implicated and that result in sep…
W. Va. Code § 5-32-5 Safety and privacy in domestic violence shelters
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(a) To ensure the privacy and safety of women in domestic violence shelters, each such shelter shall: (1) Designate sleeping quarters and multiple occupancy restrooms or changing rooms: (A) For the exclusive use of females; or (B) For the exclusive use of males; and (2) Provide a…
W. Va. Code § 5-32-6 Safety and privacy in restrooms of public schools and state institutions of higher education
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(a) To ensure the privacy and safety of students, each public school system in this state and each state institution of higher education shall: (1) Designate multiple occupancy restrooms or changing rooms: (A) For the exclusive use of females; (B) For the exclusive use of males; …
W. Va. Code § 5-32-7 Safety and privacy in correctional institutions
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(a) To ensure the privacy and safety of women in the custody of the Commissioner of the Division of Corrections and Rehabilitation, each institution managed by the Commissioner of Corrections and Rehabilitation shall designate sleeping quarters, multiple occupancy restrooms, and …
W. Va. Code § 5-32-8 Promoting accuracy in sex-based data collection
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(a) Males and females possess unique and immutable biological differences that can manifest in unique risks, harms, or sex-based discrimination, including crime victimhood, access to pregnancy and nursing-related resources, and substance abuse. (b) To understand and address sex-b…
W. Va. Code § 5-32-9 Severability
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If any provision of this article or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this article are severable and their application to any person or circumstance shall not be affected thereby.
W. Va. Code § 5-33-1 Legislative findings
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The purpose of this article is to ensure that the various departments, divisions, agencies, and boards of the State of West Virginia are treating individuals as equals under the law with respect to recruitment, hiring, promotion, and training.
W. Va. Code § 5-33-2 Definitions
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As used in this article: (1) "Diversity, equity, and inclusion" means any action, attempt, or effort to: (A) Influence hiring or employment practices with respect to race, color, sex, ethnicity, or national origin, other than through the use of color-blind and sex-neutral hiring …
W. Va. Code § 5-33-3 Prohibition
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(a) No department, division, agency, or board of this state may: (1) Establish or maintain an office or division or other unit by any name whose purpose, in whole or in part, is the promotion of diversity, equity, and inclusion; (2) Hire or assign an employee or contract with a t…
