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Article 2. Railroad Companies
§31-2-1. Railroad Companies to Be Common Carriers; General Powers - Every railroad company heretofore incorporated and organized under the laws...
§31-2-2. Right to Own and Dispose of Property - Every such railroad company shall have the right to purchase,...
§31-2-3. Right to Produce Electricity for Own Uses - Any such railroad company may acquire, construct, own, hold and...
§31-2-4. Right to Dispose of Surplus Electricity, Power, etc. - Any such railroad company, owning and operating any plant in...
§31-2-5. Buying, Selling or Transporting Coal and Coke - It shall be unlawful for any railroad corporation to engage,...
§31-2-6. Charter to Show Principal Cities and Towns to Be Served by Railroad - Any charter issued under article one of this chapter incorporating...
§31-2-7. Filing Map of Railroad - Every railroad corporation shall, within a reasonable time after its...
§31-2-8. Warning of Approach of Train at Crossings; Crossing Railroad Tracks - A bell or steam whistle shall be placed on each...
§31-2-9. Signboards or Warning Notices at Crossings - Every railroad company shall, at every place where a road...
§31-2-10. Watering Troughs for Livestock - All railroads maintaining stations that are shipping points for livestock,...
§31-2-11. Consolidation of Railroad Properties - Any railroad company in this state may, with the assent...
§31-2-12. Passing Into Other States - The railroad or any extension or lateral or branch line...
§31-2-13. Enumerated Powers - In furtherance, and not in limitation, of the general or...
§31-2-14. Foreclosure or Judicial Sale of Railroad Company - If a sale shall be made under a trust deed...
§31-2-15. Same -- Rights and Duties of Purchaser - The corporation created by or in consequence of such sale...
§31-2-16. Railroad Company Pesticide Use - (a) No later than seven days before applying a pesticide...
§31-2-17. Selling Railroad Scrap Metal - (a) As used in this section: (1) "Company" is a...
Article 2A. Railroad Crossing
§31-2A-1. Definitions - As used in this article: (a) "Carrier,""railroad" or "railroad company"...
§31-2A-2. Blocking of Crossing Prohibited; Time Limit - (a) It is unlawful for any railroad company, except in...
§31-2A-3. Responsibility of Railroad Company - The railroad company shall be solely responsible for the acts...
§31-2A-4. Presumption - There shall be a rebuttable presumption that a train is...
§31-2A-5. Service of Process - Process issuing for a violation of this article may be...
§31-2A-6. Fines and Penalties - (a) Any railroad company, carrier or railroad violating the provisions...
§31-2A-7. Severability - If any provision of this article or the application thereof...
Article 2B. Illumination Equipment for Railroad Cabooses
§31-2B-1. Legislative Findings and Purposes - The Legislature hereby finds that for the purpose of protecting...
§31-2B-2. Illumination Requirements; Time Period for Implementation; Application of Requirements - (a) From the effective date of this article, there shall...
§31-2B-3. Repair and Maintenance; Exemption - Any railroad company operating a caboose to which the illumination...
§31-2B-4. Runs Originating From Out of State - Runs originating from without the State of West Virginia shall...
§31-2B-5. Enforcement Penalty - The provisions of this article shall be enforced by the...
§31-2B-6. No Individual Responsibility - With the exception of intentional misconduct or negligence on the...
Article 3. Boom Companies
§31-3-1. Consent of State to Construction of Booms - [Repealed.]
§31-3-2. Powers of Boom Company; Boomage; Lien; Sale for Tolls; Free Passage of Logs - [Repealed.]
§31-3-3. Injuries to Property of Boom Company - [Repealed.]
§31-3-4. Measurement of Timber in Boom - [Repealed.]
§31-3-5. Removal of Timber Lodging on Lands; Damages; Taking or Carrying Away Without Authority - [Repealed.]
§31-3-6. Obstruction of Use of Stream to Drive Logs Into Boom - [Repealed.]
§31-3-7. Liability of Boom Company for Timber Within Boom - [Repealed.]
§31-3-8. Meaning of Logs or Timber - [Repealed.]
§31-3-9. Injury to Mill and Other Riparian Property - [Repealed.]
§31-3-10. Filing Marks and Brands Before Driving Logs - [Repealed.]
§31-3-11. Obstruction of Public Roads or Fords - [Repealed.]
Article 4B. Federal Deposit Insurance Corporation
§31-4B-1.. - Repealed. Acts, 1969 Reg. Sess., Ch. 7.
§31-4B-2.. - Repealed. Acts, 1969 Reg. Sess., Ch. 7.
§31-4B-3.. - Repealed. Acts, 1969 Reg. Sess., Ch. 7.
§31-4B-4.. - Repealed. Acts, 1969 Reg. Sess., Ch. 7.
§31-4B-5.. - Repealed. Acts, 1969 Reg. Sess., Ch. 7.
§31-4B-6.. - Repealed. Acts, 1969 Reg. Sess., Ch. 7.
§31-4B-7.. - Repealed. Acts, 1969 Reg. Sess., Ch. 7.
Article 4D. Uniform Act for Simplification of Fiduciary Security Transfers
§31-4D-1. Definitions - In this article, unless the context otherwise requires: (a) "Assignment"...
§31-4D-2. Registration in Name of Fiduciary - A corporation or transfer agent registering a security in the...
§31-4D-3. Transfer Pursuant to Assignment by Fiduciary - Except as otherwise provided in this article, a corporation or...
§31-4D-4. Obtaining Evidence of Appointment or Incumbency of Fiduciary - A corporation or transfer agent making a transfer pursuant to...
§31-4D-5. Adverse Claims - (a) A person asserting a claim of beneficial interest adverse...
§31-4D-6. Nonliability of Corporation or Transfer Agent - A corporation or transfer agent incurs no liability to any...
§31-4D-7. Nonliability of Third Persons - (a) No person who participates in the acquisition, disposition, assignment...
§31-4D-8. Law Governing Registering or Transferring Securities; Application of Article - (a) The rights and duties of a corporation and its...
§31-4D-9. Tax Obligations - This article shall not affect any obligation of a corporation...
§31-4D-10. Uniformity of Interpretation - This article shall be so construed as to effectuate its...
§31-4D-11. Short Title - This article may be cited as the Uniform Act for...
Article 9. Water Power Companies
§31-9-1. Held Unconstitutional - Held unconstitutional.
§31-9-2. Held Unconstitutional - Held unconstitutional.
§31-9-3. Held Unconstitutional - Held unconstitutional.
§31-9-4. Held Unconstitutional - Held unconstitutional.
§31-9-5. Held Unconstitutional - Held unconstitutional.
§31-9-6. Held Unconstitutional - Held unconstitutional.
§31-9-7. Held Unconstitutional - Held unconstitutional.
§31-9-8. Held Unconstitutional - Held unconstitutional.
§31-9-9. Held Unconstitutional - Held unconstitutional.
§31-9-10. Held Unconstitutional - Held unconstitutional.
§31-9-11. Held Unconstitutional - Held unconstitutional.
§31-9-12. Held Unconstitutional - Held unconstitutional.
§31-9-13. Held Unconstitutional - Held unconstitutional.
§31-9-14. Held Unconstitutional - Held unconstitutional.
§31-9-15. Held Unconstitutional - Held unconstitutional.
§31-9-16. Held Unconstitutional - Held unconstitutional.
§31-9-17. Held Unconstitutional - Held unconstitutional.
§31-9-18. Held Unconstitutional - Held unconstitutional.
Article 12. Membership in Federal Savings and Loan Associations
§31-12-1. Certain Building and Loan Associations and Other Institutions May Subscribe to Shares of Federal Savings and Loan Association - Any building and loan association or company or savings and...
§31-12-2. Powers of Federal Savings and Loan Associations in State - Whenever, by the terms of any general or special laws...
§31-12-3. Powers of State Building and Loan Associations, etc., in Relation to Federal Home Loan Bank - Any building and loan association or company or savings and...
§31-12-4. Joint Offices, etc., With Federal Savings and Loan Association - Any building and loan association or company or savings and...
§31-12-5. Conversion of State Building and Loan Associations, etc., Into Federal Savings and Loan Associations; Effect - Any building and loan association or company or savings and...
Article 14. West Virginia Business Development Corporations
§31-14-1. Short Title; Definitions - This article shall be known and may be cited as...
§31-14-2. Incorporators; Purposes; Agreement of Incorporation - Any number of persons, not fewer than ten, a majority...
§31-14-3. Authorized Capital Stock; Description of Shares; Consideration for Sale of Shares - The agreement of incorporation shall set forth the total amount...
§31-14-4. Issuance of Charter; Exemption From License Tax - Upon the filing in the office of the Secretary of...
§31-14-5. Corporate Powers - In furtherance of the purposes set out in section two...
§31-14-6. Board of Directors; Officers - The business and affairs of the corporation shall be managed...
§31-14-7. Financial Institutions as Members of Corporation; Loans to Corporation by Members - Any financial institution as defined in section one of this...
§31-14-8. Powers of Stockholders and Members; Voting - The stockholders and the members of the corporation shall have...
§31-14-8a. Statewide Corporation; Economic Regions Created; Loan Committees - 1. Without limitation upon the power created by this article...
§31-14-9. Purchase of Securities and Stock by Other Corporations, Fiduciaries and Financial Institutions - Notwithstanding any other provision of law or any provision in...
§31-14-10. Creation of Surplus From Annual Net Earnings - Each year the corporation shall set apart as earned surplus...
§31-14-11. Corporation Not to Receive Deposits; Designation of Depository Bank - No corporation organized under the provisions hereof shall at any...
§31-14-12. Examination by and Reports to Banking Commissioner - Every corporation organized under the provisions of this article shall...
§31-14-13. Exemption From Payment of Business and Occupation Taxes; Treatment as Banking Institution for Purposes of Property Taxation - Every corporation organized under the provisions of this article shall...
§31-14-14. Amendment of Charter - The charter of any corporation organized under the provisions of...
§31-14-15. Applicability of General Corporation Law - Every corporation organized under the provisions of this article shall...
§31-14-16. Severability of Provisions - The provisions of this article are severable, and if any...
Article 15. West Virginia Economic Development Authority
§31-15-1. Short Title - This article shall be known and may be cited as...
§31-15-2. Legislative Findings - It is hereby determined and declared as a matter of...
§31-15-3. Purposes of Article - The purposes of this article shall be to provide for...
§31-15-3a. West Virginia Industry and Jobs Development Corporation Abolished; Establishment of Economic Development Authority as Successor to Corporation - The authority shall be the corporate successor to the West...
§31-15-4. Definitions - Unless the context clearly indicates otherwise, as used in this...
§31-15-5. West Virginia Economic Development Authority; Composition; Appointment; Terms; Delegation of Authority by Chairman; Voting; Compensation and Expenses - (a) The West Virginia Economic Development Authority is continued as...
§31-15-6. General Powers of Authority - The authority, as a public corporation and governmental instrumentality exercising...
§31-15-6a. Special Power of Authority to Transfer Funds; Limitations; Fund Created; Use of Funds to Provide Customized Job Training Program by Governor's Office of Economic and Community Development - (a) The Legislature finds and declares that in order to...
§31-15-6b. Special Power of Authority to Issue Bonds or Notes to Repay and Refinance Capital Investment of Investment Management Board in Regional Jail and Correctional Facility Authority; Authorizing Issuance of Bonds to Finance Regional Jail Facili... - (a) The Legislature finds and declares that the Supreme Court...
§31-15-6c. Neighborhood Housing and Economic Development Stabilization Program; Authority to Contract With Housing Development Fund; Funding - (a) It is hereby determined and declared, as a matter...
§31-15-7. Loans to Industrial Development Agencies or Enterprises for Projects - (a) When it has determined upon application of an industrial...
§31-15-8. Insurance Fund - (a) There is hereby created an insurance fund which shall...
§31-15-8a. Broadband Loan Insurance Program; Requirements - (a) Definitions. For the purposes of this section: (1) "Broadband...
§31-15-9. Bonds and Notes Issued Pursuant to This Article - (a) The authority may issue its bonds or notes to...
§31-15-10. Approval by Authority - (a) To implement the powers and authority conferred upon it...
§31-15-11. Trustee for Bondholders; Contents of Trust Agreement; Pledge or Assignment of Revenues - For bonds or notes issued pursuant to the provisions of...
§31-15-12. Use of Funds by Authority; Restrictions Thereon Relating to Projects - All moneys, properties and assets acquired by the authority, whether...
§31-15-12a. Horseshoe Pitcher S Hall of Fame - [Repealed.]
§31-15-12b. Loans to Support Tourism - (a) In order to preserve jobs and support tourism, the...
§31-15-13. Refunding Bonds or Notes - Any bonds or notes issued by the authority or any...
§31-15-14. Obligations of Authority Undertaken Pursuant to This Article Not Debt of State, County, Municipality or Any Political Subdivision - Bonds and notes, including refunding bonds and notes, issued under...
§31-15-15. Negotiability of Bonds and Notes Issued Pursuant to This Article - Whether or not the bonds or notes issued pursuant to...
§31-15-16. Bonds and Notes Issued Pursuant to This Article; Legal Investments - The provisions of sections nine and ten, article six, chapter...
§31-15-16a. Bonds for Capital Improvements at Institutions of Higher Education, State Parks, the State Capitol Complex, Other State Facilities or Tourism Sites; Limitations; Authority to Issue Revenue Bonds; Use of Funds to Pay for Projects - (a)(1) The economic development authority shall, in accordance with the...
§31-15-16b. Lottery Revenue Bonds for Cacapon Resort State Park and Beech Fork State Park - (a)(1) The economic development authority shall, in accordance with the...
§31-15-16c. Bonds for County Capital Improvements; Limitations; Authority to Issue Revenue Bonds; Use of Funds to Pay for Projects - (a) The West Virginia Economic Development Authority may, in accordance...
§31-15-16d. Lottery Revenue Bonds for State Park Projects - (a)(1) The Economic Development Authority shall, in accordance with the...
§31-15-17. Exemption From Taxation - The exercise of the powers granted to the authority by...
§31-15-18. Personal Liability; Persons Executing Bonds or Notes Issued Pursuant to This Article - Neither the members or officers of the authority or of...
§31-15-19. Cumulative Authority as to Powers Conferred; Applicability of Other Statutes and Charters; Bonds and Notes Issued Pursuant to This Article - The provisions of this article relating to the making of...
§31-15-20. Authority of the Board of Investments - [Repealed].
§31-15-21. Loan and Insurance Application Requirements - Prior to the loaning of any funds to an industrial...
§31-15-22. Documentary Materials Concerning Trade Secrets; Commercial or Financial Information; or Confidentiality - Any documentary material or data made or received by the...
§31-15-23. Economic Development Fund - The economic development fund, to which shall be credited any...
§31-15-23a. Economic Development Project Fund - (a) For the purposes of this section, the term "high...
§31-15-24. Transfer of State Property to the Authority - The Governor is authorized to provide for the transfer to...
§31-15-25. Validity of Any Pledge, Mortgage, Deed of Trust or Security Instrument - It is the intention hereof that any pledge, mortgage, deed...
§31-15-26. Money of the Authority - All money accruing to the authority from whatever source derived,...
§31-15-27. Conflict of Interest; When Contracts Void - No member, officer or employee of the authority shall either...
§31-15-28. Agreement With Federal Agencies Not to Alter or Limit Powers of Authority - The state hereby pledges to and agrees with each federal...
§31-15-29. Audits - As soon as possible after the close of each fiscal...
§31-15-30. Projects Not to Be Considered Public Improvements - No project, enterprise or business facility which conducts as its...
§31-15-31. Foreign Trade Zones; Authority Approval - Any public corporation located in the state is hereby authorized...
§31-15-32. Severability - If any section, subsection, subdivision, subparagraph, sentence or clause of...
§31-15-33. Construction - The provisions of this article are remedial and shall be...
Article 15A. West Virginia Infrastructure and Jobs Development Council
§31-15A-1. Short Title - This article shall be known and may be cited as...
§31-15A-2. Definitions - For purposes of this article: (a) "Bond" or "infrastructure revenue...
§31-15A-3. West Virginia Infrastructure and Jobs Development Council Continued; Members of Council; Staff of Council - (a) The West Virginia Infrastructure and Jobs Development Council is...
§31-15A-4. Development of Guidelines and Preliminary Application for Funding Assistance - (a) To implement and carry out the intent of this...
§31-15A-5. Requirements for Project Funding Assistance; Review of Project Preliminary Applications by Council - (a) No project sponsor may apply for or receive any...
§31-15A-6. Powers, Duties and Responsibilities of the Council Generally; Comprehensive Assessment - (a) In addition to the powers set forth elsewhere in...
§31-15A-7. Current and Prospective Planning; Roads and Highways; Report to Division of Highways - (a) The council shall take into account the current and...
§31-15A-8. Exemption of Certain Emergency Projects From Certificate of Public Convenience and Necessity Requirements; Review of Certain Emergency Projects by Public Service Commission; and Exemption for North Fork Hughes River Watershed Project - (a) If the council determines a project to be an...
§31-15A-9. Infrastructure Fund; Deposits in Fund; Disbursements to Provide Loans, Loan Guarantees, Grants and Other Assistance; Loans, Loan Guarantees, Grants and Other Assistance Shall Be Subject to Assistance Agreements; West Virginia Infrastructur... - (a) The Water Development Authority shall create and establish a...
§31-15A-10. Recommendations by Council for Expenditures of Funds by Loan, Grant, or for Engineering Assistance - (a) To further accomplish the purpose and intent of this...
§31-15A-11. Reservation of Funds for Projects and Infrastructure Projects - Eighty percent of the funds deposited in the West Virginia...
§31-15A-12. Additional Powers of Water Development Authority - To accomplish the purpose and intent of this article, the...
§31-15A-13. Prohibition on Funds Inuring to the Benefit of or Being Distributable to Water Development Board; Transactions Between the Water Development Board and Officers Having Certain Interests in Such Transactions - No part of the infrastructure fund or the West Virginia...
§31-15A-14. Termination or Dissolution - Upon the termination or dissolution of the water development authority,...
§31-15A-15. Projects Not to Be Considered Public Improvements; Competitive Bid Requirements - (a) No project or infrastructure project acquired, constructed, maintained or...
§31-15A-16. Dedication of Severance Tax Proceeds - (a) There shall be dedicated an annual amount from the...
§31-15A-17. Water Development Authority Empowered to Issue Infrastructure Revenue Bonds and Refunding Bonds; Creation of Infrastructure Revenue Debt Service Fund; Funding of Infrastructure Revenue Debt Service Fund; Requirements and Manner of Such Is... - (a) To accomplish the purpose and intent of this article,...
§31-15A-17a. Infrastructure Revenue Bonds Payable From A. James Manchin Fund - Notwithstanding any other provision of this code to the contrary,...
§31-15A-17b. Infrastructure Lottery Revenue Bonds for Watershed Compliance Projects - (a)(1) The Chesapeake Bay has been identified as an impaired...
§31-15A-17c. Critical Needs and Failing Systems Sub Account - Notwithstanding any provision of this article to the contrary: (a)...
§31-15A-18. Trustee for Holders of Infrastructure Revenue Bonds; Contents of Trust Agreement - (a) Any infrastructure revenue bonds issued by the water development...
§31-15A-19. Legal Remedies of Infrastructure Revenue Bondholders or Noteholders and Trustees - Any holder of infrastructure revenue bonds issued pursuant to this...
§31-15A-20. Infrastructure Revenue Bonds Lawful Investments - All infrastructure revenue bonds issued pursuant to this article shall...
§31-15A-21. Purchase and Cancellation of Infrastructure Revenue Bonds - (a) The water development authority, subject to such agreements with...
§31-15A-22. Refunding Revenue Bonds - Any infrastructure revenue bonds issued pursuant to the provisions of...
§31-15A-23. Infrastructure Revenue Bonds Not Debt of State, County, Municipality or Any Political Subdivision - Infrastructure revenue bonds issued pursuant to the provisions of this...
§31-15A-24. Infrastructure Revenue Bonds Exempt From Taxation - The exercise of the powers granted to the water development...
Article 15B. Infrastructure Bonds
§31-15B-1. Definitions - For purposes of this article and article fifteen-a of this...
§31-15B-2. Infrastructure General Obligation Bonds; Amount; When May Issue - Bonds of the State of West Virginia, under authority of...
§31-15B-3. Creation of Debt Service Fund; Disbursements to Pay Debt Service on Infrastructure General Obligation Bonds - There is hereby created a special account in the State...
§31-15B-4. Infrastructure General Obligation Debt Service Fund; Sources Used to Pay Bonds and Interest; Investment of Remainder - All money from any and all appropriations made by the...
§31-15B-5. Covenants of State - The state of West Virginia covenants and agrees with the...
§31-15B-6. Sale by Governor; Minimum Price - The Governor shall sell the bonds herein authorized at such...
§31-15B-7. Prohibition on Funds Inuring to the Benefit of or Being Distributable to Directors or Officers; Transactions Between the Council and West Virginia Water Development Authority and Directors or Officers Having Certain Interests in Such Trans... - No part of the infrastructure fund shall inure to the...
§31-15B-8. Infrastructure Bonds Lawful Investments - All infrastructure bonds issued pursuant to this article shall be...
§31-15B-9. Refunding Bonds - Any infrastructure general obligation bonds which are outstanding may at...
§31-15B-10. Termination or Dissolution - Upon the termination or dissolution of the West Virginia water...
§31-15B-11. Treasurer to Determine Financial Advisor - The treasurer shall select a competent person or firm to...
§31-15B-12. Governor to Determine Bond Counsel - The Governor shall select a competent person or firm to...
§31-15B-13. Approval and Payment of All Necessary Expenses - All necessary expenses, including legal expenses, incurred in the issuance...
Article 17. West Virginia Residential Mortgage Lender, Broker and Servicer Act
§31-17-1. Definitions and General Provisions - As used in this article: (a) "Additional charges" means every...
§31-17-2. License Required for Lender and Broker Originator; Exemptions - (a) A person may not engage in this state in...
§31-17-3. Supervision by Commissioner of Banking; Rules and Regulations; Personnel; Participation in the Nationwide Mortgage Licensing System and Registry - (a) It shall be the duty of the commissioner to...
§31-17-4. Applications for Licenses; Requirements; Bonds; Fees; Renewals; Waivers and Reductions; per Loan Fee - (a) In connection with an application for licensing as a...
§31-17-5. Refusal or Issuance of License - (a) Upon an applicant's full compliance with the provisions of...
§31-17-6. Minimum Net Worth to Be Maintained; Bond to Be Kept in Full Force and Effect; Foreign Corporation to Remain Qualified to Do Business in This State - At all times, a lender and broker licensee shall: (1)...
§31-17-7. License Not Transferable or Assignable; License May Not Be Franchised; Renewal of License - (a) A license may not be transferable or assignable. A...
§31-17-8. Maximum Interest Rate on Subordinate Loans; Prepayment Rebate; Maximum Points, Fees and Charges; Overriding of Federal Limitations; Limitations on Lien Documents; Prohibitions on Primary and Subordinate Mortgage Loans; Civil Remedy - (a) The maximum rate of finance charges on or in...
§31-17-9. Disclosure; Closing Statements; Other Records Required; Record-Keeping Requirements - (a) Any licensee or person making on his or her...
§31-17-10. Advertising Requirements - It shall be unlawful and an unfair trade practice for...
§31-17-11. Records and Reports; Examination of Records; Analysis - (a) Every lender and broker licensee shall maintain at his...
§31-17-12. Grounds for Suspension or Revocation of License; Suspension and Revocation Generally; Reinstatement or New License; Penalties and Fines for Violation of This Article - (a) The commissioner may suspend or revoke any broker or...
§31-17-13. Notice of Refusal, or Suspension or Revocation, of License; Relinquishing License - (a) Whenever the commissioner refuses to issue a license, or...
§31-17-14. Hearing Before Commissioner; Provisions Pertaining to Hearing - (a) Any applicant or licensee, as the case may be,...
§31-17-15. Judicial Review - (a) Any person adversely affected by a final order made...
§31-17-16. Actions to Enjoin Violations - (a) Whenever it appears to the commissioner that any person...
§31-17-17. Loans Made in Violation of This Article Void; Agreements to Waive Article Void - (a) If any primary or subordinate mortgage loan is made...
§31-17-18. Violations and Penalties - (a) Any person, or any member, officer, director, agent or...
§31-17-19. Severability - If any provision of this article or its application to...
§31-17-20. Effective Date - The amendments to this article enacted during the regular session...
Article 17A. West Virginia Safe Mortgage Licensing Act
§31-17A-1. Purpose - The activities of mortgage loan originators and the origination or...
§31-17A-2. Definitions - As used in this article: (a) "Commissioner" means the Commissioner...
§31-17A-3. License and Registration Required - (a) An individual, unless specifically exempted under subsection (c) of...
§31-17A-4. State License Application and Issuance - (a) Applicants for a license must apply in a form...
§31-17A-5. Issuance of License - (a) The commissioner may not issue a mortgage loan originator...
§31-17A-6. Prelicensing and Relicensing Education of Loan Originators - (a) To meet the prelicensing education requirement, a person must...
§31-17A-7. Testing of Loan Originators - (a) To meet the written test requirement, an individual must...
§31-17A-8. Standards for License Renewal - (a) The minimum standards for license renewal for mortgage loan...
§31-17A-9. Continuing Education for Mortgage Loan Originators - (a) To meet the annual continuing education requirements, a licensed...
§31-17A-10. Authority to Require License - In addition to any other duties imposed upon the commissioner...
§31-17A-11. Nationwide Mortgage Licensing System and Registry Information Challenge Process - The commissioner shall establish a process in accordance with the...
§31-17A-12. Enforcement Authorities, Violations and Penalties - (a) To ensure the effective supervision and enforcement of this...
§31-17A-13. Surety Bond Required - (a) Each mortgage loan originator must be covered by a...
§31-17A-14. Confidentiality - (a) Except as otherwise provided in Public Law 110-289, Section...
§31-17A-15. Investigation and Examination Authority - (a) For purposes of initial licensing, license renewal, license suspension,...
§31-17A-16. Prohibited Acts and Practices - It is a violation of this article for a person...
§31-17A-17. Report to Mortgage Licensing System and Registry - The commissioner is required to report violations of this act,...
§31-17A-18. Unique Identifier Shown - The unique identifier of any person originating a residential mortgage...
§31-17A-19. Severability - If any provision of this article or its application to...
§31-17A-20. Effective Date - The effective date of this article shall be July 1,...
Article 18. West Virginia Housing Development Fund
§31-18-1. Short Title - This article shall be known and may be cited as...
§31-18-2. Legislative Findings and Purpose - (a) The Legislature hereby finds and declares that as a...
§31-18-3. Definitions - As used in this article, unless the context otherwise requires:...
§31-18-4. Composition; Board of Directors; Appointment, Term, etc., of Private Members; Chairman and Vice Chairman; Quorum - (a) There is continued as a governmental instrumentality of the...
§31-18-5. Management and Control of Housing Development Fund Vested in Board; Officers; Liability - (a) The management and control of the Housing Development Fund...
§31-18-6. Corporate Powers - The Housing Development Fund is hereby granted, has and may...
§31-18-6a. Certain Loans Exempt From Laws Limiting Interest Rates or Providing Forfeitures, etc. - Notwithstanding any other provision to the contrary, no law limiting...
§31-18-7. Notes or Bonds as General Obligations of Housing Development Fund - Except as may otherwise be provided by the Housing Development...
§31-18-8. Notes and Bonds as Negotiable Instruments - The notes and bonds shall be and hereby are made...
§31-18-9. Borrowing of Money - The borrowing of money and the notes and bonds evidencing...
§31-18-10. Sale of Notes or Bonds - Any notes or bonds issued by the West Virginia Housing...
§31-18-11. Authorizing Resolutions - Any resolution or resolutions authorizing any notes or bonds, or...
§31-18-12. Validity of Any Pledge, Mortgage, Deed of Trust or Security Instrument - It is the intention hereof that any pledge, mortgage, deed...
§31-18-13. Redemption of Notes or Bonds - The Housing Development Fund, subject to such agreements with noteholders...
§31-18-14. Disclaimer of Any Liability of State of West Virginia - The state of West Virginia shall not be liable on...
§31-18-15. Limitation of Rights Vested in Housing Development Fund by State - The state of West Virginia does hereby pledge to and...
§31-18-16. Default in Payment of Principal or Interest - (a) In the event the Housing Development Fund shall default...
§31-18-17. Investment in Notes and Bonds - The notes and bonds of the Housing Development Fund are...
§31-18-18. Tax Exemption - The Housing Development Fund shall not be required to pay...
§31-18-19. Operating Loan Fund - (a) The board of directors of the Housing Development Fund...
§31-18-20. Authorized Limit on Borrowing - The aggregate principal amount of bonds and notes issued by...
§31-18-20a. Land Development Fund - (a) The board of directors of the Housing Development Fund...
§31-18-20b. Mortgage Finance Bond Insurance Fund - (a) There is hereby created and established in the State...
§31-18-20c. Jobs Development Fund - There is hereby created and established a special fund to...
§31-18-20d. Affordable Housing Fund - (a) There is hereby created and established a special fund...
§31-18-21. Prohibition on Funds Inuring to the Benefit of or Being Distributable to Directors, Officers or Private Persons; Transactions Between the Housing Development Fund and Directors or Officers Having Certain Interests in Such Transactions - (a) No part of the funds of the Housing Development...
§31-18-22. Termination or Dissolution - Upon the termination or dissolution, all rights and properties of...
§31-18-23. Services to the State of West Virginia and Its Political Subdivisions - (a) The Housing Development Fund may provide technical, consultative and...
§31-18-23a. Bond Issues Under the Federal Revenue Adjustments Act of 1980 - Under subtitle A of Public Law 96-499, which is called...
§31-18-24. Annual Audit; Reports to Joint Committee on Government and Finance; Information to Joint Committee or Legislative Auditor - The Housing Development Fund shall cause an annual audit to...
§31-18-25. Severability Clause - If any provision of this article or the application thereof...
§31-18-26. Projects Not to Be Deemed Public Improvements - No project or business facility acquired, constructed, maintained, or financed...
§31-18-27. Documentary Materials Concerning Trade Secrets; Commercial, Financial, or Personal Information; Confidentiality - Any documentary material or data made or received by the...
§31-18-28. West Virginia Property Rescue Initiative: Findings; Technical Assistance and Revolving Loan Program for Removal of Dilapidated Housing; Reporting Required - (a) The program set forth in this section shall be...
§31-18-29. Dissolution of West Virginia Affordable Housing Trust Fund - Upon termination of the West Virginia Affordable Housing Trust Fund,...
Article 18A. West Virginia Energy Conservation Revolving Loan Fund
§31-18A-1. Short Title - This article shall be known and may be cited as...
§31-18A-2. Legislative Findings; Declaration of Policy and Responsibility; Purpose and Intent of Article - It is hereby determined and declared as a matter of...
§31-18A-3. Definitions - As used in this article, unless the context otherwise requires:...
§31-18A-4. Administration of Revolving Loan Fund by West Virginia Housing Development Fund - The West Virginia energy conservation revolving loan fund, established and...
§31-18A-5. Powers and Duties of Housing Development Fund Regarding Revolving Loan Fund - The West Virginia Housing Development Fund is hereby authorized and...
§31-18A-6. Revolving Loan Fund Created; Purpose; Investment of Funds; Loan Agreements; Expenditures - (a) The board of directors of the Housing Development Fund...
§31-18A-7. Terms and Conditions of Loans From Revolving Loan Fund - No loans shall be made by the Housing Development Fund...
§31-18A-8. Prohibition on Funds Inuring to the Benefit of or Being Distributable to the Directors or Officers - No part of the funds of the energy conservation revolving...
§31-18A-9. Termination or Dissolution - Upon termination or dissolution of the Housing Development Fund or...
§31-18A-10. Annual Audit - The Housing Development Fund shall cause an annual audit to...
§31-18A-11. Severability Clause - If any provision of this article or the application thereof...
Article 18B. Mortgage and Industrial Development Investment Pool
§31-18B-1. Legislative Intent - The Legislature finds and declares that: (1) The vast majority...
§31-18B-2. Establishment of State Mortgage and Industrial Development Investment Pool; Investment of Workers' Compensation Funds and Other Funds in Such Pool; Schedule of Moneys Invested; Authority of State Board of Investments to Invest Funds From t... - (a) There is hereby created and established a "state mortgage...
§31-18B-3. Housing Development Fund to Make Available State Mortgage and Industrial Development Investment Pool Funds for Mortgages on Single-Family Residential Units; Limitations Upon Type and Size of Such Mortgages - (a) The Housing Development Fund shall make available at the...
§31-18B-4. West Virginia Economic Development Authority to Make Available State Mortgage and Industrial Development Investment Pool Funds for Investment in Industrial Development; Amount of Funds Available; Interest Rate Specified - (a) The West Virginia economic development authority may use for...
§31-18B-5. Reversion to State Board of Investments of Money Not Used for Mortgages - Should the Housing Development Fund or its agents fail to...
§31-18B-6. Interest Rate Charged by Housing Development Fund; Other Charges; Points - (a) The interest charged for mortgage loans obtained according to...
§31-18B-7. Term of Mortgage Loans; Renegotiation After Ten Years; Promulgation of Legislative Rules - (a) The term of the loans made pursuant to the...
§31-18B-8. Persons Eligible for Loans From the State Mortgage and Industrial Development Investment Pool; Housing Development Fund to Have Sole Discretion in Determining Who Is to Receive Loans; Discrimination Prohibited - (a) Any person is entitled to receive a first mortgage...
§31-18B-9. Housing Development Fund May Contract With Private Institutions to Place and Service Loans or May Itself Provide Such Servicing; Increasing Interest Rate and Payment of a Portion of Interest to Cover Cost of Servicing - (a) The Housing Development Fund may contract with private mortgage...
§31-18B-10. Disposition of Interest Income and Repayments of Principal - (a) The interest received from mortgage payments made pursuant to...
§31-18B-11. Procedural Rules Required - The Housing Development Fund may promulgate procedural rules pursuant to...
§31-18B-12. Rules of Construction and Interpretation for Prompt Implementation of This Article - It is the intent of the Legislature that the Housing...
Article 18C. Veterans' Mortgage Fund
§31-18C-1. Short Title - This article shall be known and may be cited as...
§31-18C-2. Legislative Findings; Purpose and Intent of Article - It is hereby found, determined and declared as a matter...
§31-18C-3. Definitions - As used in this article, unless the context otherwise requires:...
§31-18C-4. Veterans' Mortgage Fund Created; Purpose - (a) There is hereby created and established under the jurisdiction...
§31-18C-5. Money and Interests Included in the Veterans' Mortgage Fund - (a) The veterans' mortgage fund shall include: (1) Any interest...
§31-18C-6. Veterans' Mortgage Bonds; Amount; Terms of Bonds; When May Issue - (a) Bonds of the state, under authority of the Qualified...
§31-18C-7. Pledge of Credit of State and Security for Bonds - (a) The state covenants and agrees with the holders of...
§31-18C-8. Legality for Investment; Tax Exemption - (a) The bonds are hereby made securities in which all...
§31-18C-9. Listing by Auditor; Agent for Registration - All bonds issued under this article shall be separately listed...
§31-18C-10. Veterans' Loan Payments Used to Pay Bonds and Interest; Investment of Remainder - (a) There shall be paid into the general account in...
§31-18C-11. Sale by Governor; Minimum Price - The Governor shall sell the bonds herein authorized at such...
§31-18C-12. Auditor to Be Custodian of Unsold Bonds - The State Auditor shall be the custodian of all unsold...
§31-18C-13. Bond Counsel and Financial Advisor - The Governor shall designate the bond counsel responsible for the...
§31-18C-14. Approval and Payment of All Necessary Expenses - All necessary expenses, including legal expenses incurred in the execution...
§31-18C-15. Administration of Veterans' Mortgage Fund Program by West Virginia Housing Development Fund - The program shall be administered by the West Virginia Housing...
§31-18C-16. Powers and Duties of Housing Development Fund Regarding Veterans' Mortgage Fund - The West Virginia Housing Development Fund is hereby authorized and...
§31-18C-17. Terms and Conditions of Loans From Veterans' Mortgage Fund - No loans shall be made or acquired by the Housing...
§31-18C-18. Prohibition of Funds Inuring to the Benefit of or Being Distributable to the Directors or Officers - No part of the funds of the veterans' mortgage fund...
§31-18C-19. Annual Audit - The Housing Development Fund shall cause an annual audit to...
Article 18E. West Virginia Land Reuse Agency Authorization Act
§31-18E-1. Short Title - This article may be known and cited as the West...
§31-18E-2. Legislative Findings - The Legislature finds and declares that: (1) Strong communities are...
§31-18E-3. Definitions - As used in this article: (1) “Board” means the board...
§31-18E-4. Creation and Existence - (a) Authority. -- A land reuse jurisdiction may elect to...
§31-18E-5. Board of Directors of a Land Reuse Agency - (a) Membership. -- A board shall consist of an odd...
§31-18E-6. Staff of the Land Reuse Agency - (a) Employees. -- A land reuse agency may employ or...
§31-18E-7. Powers of the Land Reuse Agency - A land reuse agency is a public body, corporate and...
§31-18E-8. Eminent Domain - A land reuse agency does not possess the power of...
§31-18E-9. Acquisition of Property - (a) Title to be held in its name. A land...
§31-18E-10. Disposition of Property - (a) Public access to inventory. -- A land reuse agency...
§31-18E-11. Financing of Land Reuse Agency Operations - (a) General rule. -- A land reuse agency may receive...
§31-18E-12. Borrowing and Issuance of Bonds - (a) Authority. -- (1) A land reuse agency may issue...
§31-18E-13. Public Records and Public Access - (a) Public records. -- A board shall keep minutes and...
§31-18E-14. Dissolution of Land Reuse Agency - (a) General rule. -- A land reuse agency may be...
§31-18E-15. Conflicts of Interest - (a) Ethics Act. -- The acts and decisions of members...
§31-18E-16. Expedited Quiet Title Proceedings - (a) Authorization. -- (1) A land reuse agency may file...
§31-18E-17. Construction, Intent and Scope - This article shall be construed liberally to effectuate the legislative...
§31-18E-18. Annual Audit and Report - (a) The land reuse agency shall annually, within one hundred...
Article 19. West Virginia Community Infrastructure Authority
§31-19-1. Short Title - This article shall be known as the "West Virginia Community...
§31-19-2. Legislative Findings and Purposes - (a) The Legislature hereby finds and declares that increasing requirements...
§31-19-3. Definitions - As used in this article, unless the context clearly requires...
§31-19-4. West Virginia Community Infrastructure Authority Created; West Virginia Community Infrastructure Board Created; Organization of Authority and Board; Appointment of Board Members; Their Term of Office, Compensation and Expenses; Duties and R... - (a) There is hereby created the West Virginia Community Infrastructure...
§31-19-5. Authority May Finance Community Infrastructure Projects; Loans to or Bond Purchases From Counties and Municipalities Shall Be Subject to Terms of Loan or Bond Purchase Agreements - To accomplish the public policies and purposes and to meet...
§31-19-6. Powers, Duties and Responsibilities of the Authority Generally - The West Virginia community infrastructure authority is hereby granted, has...
§31-19-7. Authority Empowered to Issue Community Infrastructure Revenue Bonds, Renewal Notes and Refunding Bonds; Requirements and Manner of Such Issuance - The authority is hereby empowered to issue from time to...
§31-19-8. Trustee for Bondholders; Contents of Trust Agreement - Any community infrastructure revenue bonds or notes or community infrastructure...
§31-19-9. Legal Remedies of Bondholders and Trustees - Any holder of community infrastructure revenue bonds issued pursuant to...
§31-19-10. Bonds and Notes Not Debt of State, County, or Municipality; Expenses Incurred Pursuant to Article - Community infrastructure revenue bonds and notes and community infrastructure revenue...
§31-19-11. Use of Funds by Authority; Restrictions Thereon - All moneys, properties and assets acquired by the authority whether...
§31-19-12. Investment of Funds by Authority - Except as otherwise provided in any resolution authorizing the issuance...
§31-19-13. Reports by Authority to Governor and Legislature - As soon as possible after the close of each fiscal...
§31-19-14. Community Infrastructure Bonds Lawful Investments - The provisions of sections nine and ten, article six, chapter...
§31-19-15. Purchase and Cancellation of Notes or Bonds - The authority, subject to such agreements with noteholders or bondholders...
§31-19-16. Refunding Bonds - Any bonds issued hereunder and at any time outstanding may...
§31-19-17. Exemption From Taxation - The exercise of the powers granted to the authority by...
§31-19-18. Financial Interests in Contracts Prohibited; Penalty - No officer, member or employee of the authority shall be...
§31-19-19. Meetings and Records of Authority to Be Kept Public - All meetings of the authority shall be open to the...
§31-19-20. Liberal Construction of Article - The provisions of this article are hereby declared to be...
§31-19-21. Severability - If any section, part or provision of this article or...
Article 20. West Virginia Regional Jail and Correctional Facility Authority
§31-20-16. Disclaimer of Any Liability of State of West Virginia - The state of West Virginia shall not be liable on...
§31-20-17. Default in Payment of Principal or Interest - In the event the authority shall default in the payment...
§31-20-18. Investment in Notes, Security Interests and Bonds - The notes, security interests and bonds of the authority are...
§31-20-19. Tax Exemption - The exercise of the powers granted to the authority by...
§31-20-21. Validity of Any Pledge, Mortgage, Deed of Trust or Security Instrument - It is the intention hereof that any pledge, mortgage, deed...
§31-20-26. Legislative Oversight Committee - The President of the Senate and the Speaker of the...
Article 21. West Virginia Land Stewardship Corporation
§31-21-1. Short Title - OF ARTICLE AND DEFINITIONS. §31-21-1. Short title. This article shall...
§31-21-2. Definitions - The following words used in this article, unless the context...
§31-21-3. Declaration of Policy - (a) The Legislature finds and declares that developable land is...
§31-21-4. Purpose of Article - The purpose of this article is to provide for the...
§31-21-5. Creation of the West Virginia Land Stewardship Corporation; Powers and Limitations - §31-21-5. Creation of the West Virginia Land Stewardship Corporation; powers...
§31-21-6. Board of Directors - (a) The purposes, powers and duties of the corporation shall...
§31-21-7. Voluntary Land Stewardship Program - §31-21-7. Voluntary land stewardship program. (a) When the voluntary land...
§31-21-8. Underwriting - The enrollment and acceptance process to participate in the land...
§31-21-9. State Certified Sites Program - §31-21-9. State certified sites program. (a) This article hereby authorizes...
§31-21-10. Minimum Standards for Certified Sites - (a) The corporation shall establish minimum standards that a site...
§31-21-11. Land Bank Program - (a) This article hereby authorizes the establishment of a voluntary...
§31-21-12. Preserve Property Value - (a) The corporation may, without the approval of a local...
§31-21-13. Contaminated Property - (a) If the DEP determines that conditions on a property...
§31-21-14. Liberal Construction - This article shall be construed liberally to effectuate the legislative...
§31-21-15. Exemption From Taxation - The property of the corporation shall be exempt from ad...
§31-21-16. Audits and Reports - (a) As soon as possible after the close of each...
§31-21-17. Completed Purpose - If the corporation has completed the purposes for which the...
§31-21-18. Conflicts of Interest - Notwithstanding any other provision of this article to the contrary,...
§31-21-19. No Waiver of Sovereign Immunity - Nothing contained in this article may be determined or construed...
§31-21-20. No Obligation of the State - Obligations of the corporation are not debts or obligations of...