West Virginia CHAPTER 7. — COUNTY COMMISSIONS AND OFFICERS
- CHAPTER 7. — COUNTY COMMISSIONS AND OFFICERS.
- ARTICLE 1. — COUNTY COMMISSIONS GENERALLY.
- §7-1-1. — County courts corporations; how constituted; election of president.
- §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.
- §7-1-3b. — Purchase, installation and maintenance of radio mobile communication equipment and appliances for use by county sheriffs and their deputies.
- §7-1-3c. — Purchase, installation and maintenance of photo copying equipment, microphotographic or other miniature photographic processes, appliances and supplies.
- §7-1-3d. — Levy for, establishment and operation of fire prevention units; financial aid.
- §7-1-3e. — Acquisition of land for, and operation of, public refuse dumps and sanitary landfills.
- §7-1-3f. — Establishment and operation of garbage and refuse collection and disposal services.
- §7-1-3g. — Acquisition, operation, and maintenance of sewerage systems and sewage plants.
- §7-1-3h. — Authority and procedure for closing unused roads, streets and travel ways; notice and hearing; circuit court review.
- §7-1-3i. — County commission may cooperate with other governmental units.
- §7-1-3j. — Authority to establish county coordinating council; powers and duties of council; duties of county clerk.
- §7-1-3k. — Authority to lease, rent or permit the use of county property.
- §7-1-3l. — Authority to establish county appraisal-assessment board; functions and duties of board; duties of assessor.
- §7-1-3m. — Authority to employ, fix compensation for and discharge personnel.
- §7-1-3n. — Authority of certain counties as to building and housing codes; state building code.
- §7-1-3o. — Authority to construct and maintain county transportation, parking, and other public facilities; delegation of such authority to board or commission; financing.
- §7-1-3p. — Authority to require permits for mobile homes or house trailers; penalty.
- §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.
- §7-1-3r. — 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.
- §7-1-3s. — Authority to govern traffic and parking; rules and regulations; penalties.
- §7-1-3t. — Authority to make grants from general revenue funds and other funds for water and sewer systems.
- §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.
- §7-1-3aa. — Authority of county commissions to create and fund a hazardous material accident response program.
- §7-1-3bb. — Levy for, establishment and operation of sheltered workshops; financial aid.
- §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.
- §7-1-3dd. — Authority to establish county wage and benefits review board; duties and powers; membership.
- §7-1-3ee. — Providing for payment of service fees at banking institutions.
- §7-1-3ff. — Authority of county commission to enact ordinances regulating the repair, alteration, improvement, vacating, closing, removal or demolition of unsafe or unsanitary structures and the clearance and removal of refuse, debris, overgrown vegetation, toxic spills or toxic seepage on private land; authority to create enforcement agency; procedure for complaints; promulgation of rules governing investigation and hearing of complaints; remedies for failure to comply with commission-ordered repairs or alterations; 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.
- §7-1-3gg. — Lease agreements for equipment or materials with option to cancel or renew.
- §7-1-3hh. — Authority to lease, sell or dispose of county property to the state, federal government or an instrumentality thereof.
- §7-1-3ii. — Authority to require posting of commercial and residential addresses within municipal boundaries.
- §7-1-3jj. — Authority of counties to enact ordinances restricting the location of businesses offering exotic entertainment.
- §7-1-3kk. — Authority to provide for the elimination of hazards to public health and safety; penalty.
- §7-1-3ll. — Clerk of the county commission duties relating to record keeping of military discharge forms.
- §7-1-3mm. — Transfer of development rights in growth counties.
- §7-1-3nn. — Election on ordinance for program for transfer of development rights; form of ballots or ballot labels; procedure.
- §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.
- 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.
- 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.
- ARTICLE 4. — PROSECUTING ATTORNEY, REWARDS AND LEGAL ADVICE.
- §7-4-1. — Duties of prosecuting attorney; further duties upon request of attorney general.
- §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. — West Virginia Prosecuting Attorneys Institute continued.
- ARTICLE 5. — FISCAL AFFAIRS.
- §7-5-1. — Sheriff ex officio county treasurer.
- §7-5-2. — Accounts by clerk of county court.
- §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."
- §7-5-8. — 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.
- 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.
- ARTICLE 6. — COUNTY DEPOSITORIES.
- §7-6-1. — Designation of depositories.
- §7-6-2. — Bond of depositories.
- §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 board of 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.
- 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 two hundred thousand.
- §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.
- §7-7-6. — Repealed.
- §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.
- §7-7-11. — Illegal orders for compensation.
- §7-7-12. — Sharing compensation prohibited.
- §7-7-12a. — Repealed.
- §7-7-13. — Allowance for expenses of sheriff.
- §7-7-14. — Training of sheriffs and deputies; payment of expenses thereof by county court.
- §7-7-15. — Allowance for expenses of prosecuting attorney.
- §7-7-16. — Mileage allowance for county officials and employees.
- §7-7-16a. — Public carriage.
- §7-7-17. — Annual reports by county officers of expenditures for assistants, deputies and employees.
- §7-7-18. — Repealed.
- §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.
- 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.
- §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. — Jail processing fee.
- §7-8-14. — Reimbursement for costs of incarceration.
- 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.
- 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.
- 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 and regulations; misdemeanor offenses; park police authorized.
- §7-11-6. — Severability.
- 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.
- 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 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 resolution.
- §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.
- 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 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.
- 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.
- ARTICLE 13. — ECONOMIC OPPORTUNITY PROGRAMS.
- §7-13-1. — Community action program organizations.
- §7-13-2. — Recognition.
- §7-13-3. — Repealed.
- §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. — Account]ability 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.
- 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 activity of deputy sheriffs prohibited; petition for vacating appointment; action on petition; appeal.
- §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. — Salary increment.
- §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.
- §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.
- 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.
- 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 twenty-five thousand 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.
- 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.
- 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 sheriff's 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-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; forfeitures.
- §7-14D-14. — Awards and benefits for disability -- Duty related.
- §7-14D-15. — Same -- Due to other causes.
- §7-14D-16. — Same -- 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. — Same -- 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.
- 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
- 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.
- 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.
- 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 increase.
- §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.
- 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; hotel or hotel operator not to represent that it will absorb tax; accounting by hotel.
- §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.
- §7-18-14. — Proceeds of tax; application of proceeds.
- §7-18-15. — Criminal penalties.
- 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.
- 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.
- §7-20-8. — 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.
- 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; maximum.
- §7-21-4. — Fund investment; usage.
- 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.
- §7-22-8. — Establishment of the economic opportunity development district fund.
- §7-22-9. — Authorization to levy special district excise tax.
- §7-22-10. — Ordinance 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.
- 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.