West Virginia CHAPTER 5. — GENERAL POWERS AND AUTHORITY OF THE GOVERNOR
- CHAPTER 5. — GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
- 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. — Extradition of fugitives from foreign nations.
- §5-1-7. — Extradition of persons charged with crime in another state or imprisoned or awaiting trial in another state.
- §5-1-8. — Governor's warrant of arrest.
- §5-1-9. — 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.
- §5-1-10. — Return of fugitive from this state.
- §5-1-11. — Immunity from service of civil process; waiver of extradition proceedings; nonwaiver of rights of state; trial on other charges after return.
- §5-1-12. — How costs paid; complainant responsible for.
- §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
- §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.
- 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; subclassifications and subitems; 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.
- ARTICLE 1B. — CHIEF TECHNOLOGY OFFICER.
- §5-1B-1. — Repealed.
- §5-1B-2. — Repealed.
- §5-1B-3. — Repealed.
- §5-1B-4. — Repealed.
- §5-1B-5. — Repealed.
- §5-1B-6. — Repealed.
- §5-1B-7. — Repealed.
- §5-1B-8. — Repealed.
- ARTICLE 1C. — SCIENCE AND TECHNOLOGY COUNCIL.
- §§5-1C-1 TO 5-1C-5. — Repealed.
- §5-1C-2. — Science and technology advisory council; members, appointment and expenses; appointment, duties, and compensation of director.
- §5-1C-3. — Powers and duties of science and technology council.
- §5-1C-4. — Public-private partnerships; funding.
- §5-1C-5. — Exemptions.
- 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. — Termination of office.
- 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.
- 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.
- 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.
- §5-3-4. — Annual report to governor.
- §5-3-5. — Fees to be paid into state treasury.
- ARTICLE 4. — BOARD OF PUBLIC WORKS.
- §5-4-1. — How constituted; powers and duties.
- §5-4-2. — Secretary; records.
- §5-4-3. — Repealed.
- §5-4-4. — Repealed.
- §5-4-5. — Repealed.
- §5-4-6. — Repealed.
- §5-4-7. — Repealed.
- §5-4-8. — Repealed.
- §5-4-9. — Repealed.
- §5-4-10. — Repealed.
- §5-4-11. — Repealed.
- §5-4-12. — Repealed.
- §5-4-13. — Repealed.
- 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 pay equity salary adjustment.
- §5-5-5. — Pay equity adjustment.
- 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.
- 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.
- ARTICLE 8. — PUBLIC RECORDS MANAGEMENT AND PRESERVATION ACT.
- §§5-8-1 to 5-8-20. — Repealed.
- ARTICLE 9. — DEPARTMENT OF COMMERCE.
- §§5-9-1 to 5-9-6. — Repealed.
- 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.
- §5-10-16. — 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.
- §5-10-22. — 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.
- §5-10-23. — 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 repay withdrawn contributions.
- §5-10-28. — Unified accounting; funds.
- §5-10-29. — Members' deposit fund; members' contributions.
- §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 re-employment.
- §5-10-36. — Income fund.
- §5-10-37. — Repealed.
- §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.
- §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.
- 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.
- ARTICLE 10B. — GOVERNMENT EMPLOYEES DEFERRED COMPENSATION PLANS.
- §5-10B-1. — Legislative purpose.
- §5-10B-2. — Definitions.
- §5-10B-3. — Powers; contracts; meetings.
- §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-11. — Deferred Compensation Administrative Account.
- §5-10B-12. — Confidential information exempt from disclosure.
- §5-10B-13. — Moneys not subject to legal process.
- 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.
- 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.
- §5-10D-6. — Voluntary deductions by the consolidated public retirement board from monthly benefits to retirees to pay association dues.
- §5-10D-7. — Compensation limitations; effective dates.
- §5-10D-8. — Continuation of the West Virginia Consolidated Public Retirement Board.
- 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.
- §5-11-10. — 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. — Termination of commission.
- 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 universal accessibility features; workers, contractors, engineers, 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 fair housing laws; utilization of services and personnel; reimbursement; written agreements; publication in state register.
- §5-11A-18. — Effect on other laws.
- §5-11A-19. — Severability of provisions.
- §5-11A-20. — Rules to implement article.
- ARTICLE 12. — WEST VIRGINIA ANTIQUITIES COMMISSION.
- §§5-12-1 to 5-12-5. — Repealed.
- 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.
- 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. — West Virginia Commission for the Deaf and Hard of Hearing continued.
- 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.
- 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.
- 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; appointment, qualification, compensation and duties of Director of Agency; employees; civil service coverage.
- §5-16-4. — Public Employees Insurance Agency Finance Board continued; qualifications, terms and removal of members; quorum; compensation and expenses; termination date.
- §5-16-4a. — Public Employees Insurance Agency Finance Board continued.
- §5-16-5. — Purpose, powers and duties of the finance board; initial financial plan; financial plan for following year; and annual financial plans.
- §5-16-6. — Creation and composition of advisory board; powers and duties of board generally; expenses.
- §5-16-7. — Authorization to establish group hospital and surgical insurance plan, group major medical insurance plan, group prescription drug plan and group life and accidental death insurance plan; rules for administration of plans; mandated benefits; what plans may provide; 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. — Prescription benefit program.
- §5-16-7c. — Required coverage for reconstruction surgery following mastectomies.
- §5-16-7d. — Coverage for patient cost of clinical trials.
- §5-16-7e. — Definitions.
- §5-16-8. — Conditions of insurance program.
- §5-16-9. — Authorization to execute contracts for group hospital and surgical insurance, group major medical insurance, group prescription drug insurance, group life and accidental death insurance and other accidental death insurance; mandated benefits; limitations; awarding of contracts; reinsurance; certificates for covered employees; discontinuance of 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.
- §5-16-25. — Reserve fund.
- §5-16-26. — Quarterly report.
- §5-16-27. — Continuation.
- ARTICLE 16A. — THE WEST VIRGINIA HEALTH CARE INSURANCE ACT.
- §5-16A-1 to 5-16A-11. — Repealed.
- ARTICLE 16B. — WEST VIRGINIA CHILDREN'S HEALTH INSURANCE PROGRAM.
- §5-16B-1. — Expansion of health care coverage to children; creation of program; legislative directives.
- §5-16B-2. — Definitions.
- §5-16B-3. — Reporting requirements.
- §5-16B-4. — Children's health policy board created; qualifications and removal of members; powers; duties; meetings; and compensation.
- §5-16B-4a. — Continuation of children's health insurance board.
- §5-16B-5. — Director of the children's health insurance program; qualifications; powers and duties.
- §5-16B-6. — Financial plans requirements.
- §5-16B-6a. — Coverage for patient cost of clinical trials.
- §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-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.
- 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-10. — Termination.
- 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.
- ARTICLE 17. — WEST VIRGINIA COMMISSION ON ENERGY, ECONOMY AND ENVIRONMENT.
- §§5-17-1 to 5-17-10. — Repealed.
- ARTICLE 18. — WEST VIRGINIA CABLE TELEVISION SYSTEMS ACT.
- §§5-18-1 to 5-18-30. — Repealed.
- ARTICLE 18A. — TENANTS' RIGHTS TO CABLE SERVICES.
- §§5-18A-1 to 5-18A-11. — Repealed.
- 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.
- 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.
- 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.
- 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.
- §5-22-2. — Designation of time and place for opening of bids; right to reject or withdraw bid; bid resubmission.
- 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. — Continuation of the Design-Build Board.
- §5-22A-16. — Severability.
- ARTICLE 23. — COMMISSION ON MASS TRANSPORTATION.
- §§5-23-1 to 5-23-12. — Repealed.
- 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.
- 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.
- ARTICLE 26. — GOVERNOR'S CABINET ON CHILDREN AND FAMILIES.
- §5-26-1. — Legislative findings; statement of purpose.
- §5-26-2. — Cabinet established.
- §5-26-2a. — Citizen's advisory council.
- §5-26-2b. — Family resource networks.
- §5-26-3. — Duties of cabinet generally.
- §5-26-4. — Powers of cabinet generally.
- 5-26-5. — Powers and duties relating to funding and budgetary needs for children and families.
- §5-26-6. — Children's fund created; purpose.
- §5-26-7. — Repealed.
- §5-26-8. — Continuation of cabinet and council.
- §5-26-9. — Repealed.
- 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
- §5-26A-3. — Members.
- §5-26A-4. — Duties and responsibilities.
- §5-26A-5. — Powers.
- §5-26A-6. — Continuation date.
- ARTICLE 27. — SEVERABILITY.
- §5-27-1. — Severability.
- 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. — Continuation of the commission.
- 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.