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§8-22A-23. Burial Benefit - Except as provided in subsection (a), section nine of this...
§8-22A-24. Double Death Benefits Prohibited - A surviving spouse is not entitled to receive simultaneous death...
§8-22A-25. Right to Benefits Not Subject to Execution, etc.; Assignments Prohibited; Deductions for Group Insurance; Setoffs for Fraud; Exception for Certain Domestic Relations Orders; Assets Exempt From Taxes - The right of a person to any benefit provided in...
§8-22A-26. Fraud; Penalties; and Repayment - Any person who knowingly makes any false statement or who...
§8-22A-27. Credit Toward Retirement for Member's Military Service; Qualified Military Service - (a) Each member shall receive months of credited service for...
§8-22A-28. How a Municipality or Municipal Subdivision Becomes a Participating Public Employer; Duty to Request Referendum on Social Security Coverage - (a) Subject to 8-22-16 of this code, any municipality or...
§8-22A-29. Effective Date; Special Starting Date for Benefits; Provisions Governing Health Care Benefits for Retirees Age Fifty to Fifty-Five - (a) The effective date of this article is January 1,...
§8-22A-30. Limitation of Employer Liability - No municipality or municipal subdivision which has timely met all...
§8-22A-31. Benefits Not Forfeited if System Terminates - If the retirement system is terminated or contributions are completely...
§8-22A-32. Membership Retroactive in Certain Circumstances - (a) Notwithstanding all other provisions relating to this article and...
§8-22A-33. Special Authorization for Municipal Police or Firefighters Hired After July 1, 2015 - (a) Notwithstanding any provision of this code to the contrary,...
§8-22A-34. Return to Covered Employment by Retirant - The annuity of any member who retires under the provisions...
§8-22A-35. Severability - If any part of this article is declared unconstitutional by...
Article 23. Intergovernmental Relations -- Contracting and Joint Enterprises
§8-23-1. Statement of Purpose - §8-23-1. Statement of purpose. It is the purpose of this...
§8-23-2. Definitions - For the purposes of this article: (1) The term "public...
§8-23-3. Intergovernmental Agreements Generally - §8-23-3. Intergovernmental agreements generally. Any power or powers, privilege or...
§8-23-3a. Joint and Cooperative Undertakings by Certain Hospitals - Any county or municipal hospital or hospital created by special...
§8-23-4. Filing of Intergovernmental Agreements - Before an agreement made pursuant to the provisions of section...
§8-23-5. Additional Approval of Intergovernmental Agreements Required in Certain Cases - In the event that an agreement entered into pursuant to...
§8-23-6. Appropriations; Furnishing of Property, Personnel and Services - Any public agency entering into an agreement pursuant to the...
§8-23-7. Contract Between Public Agencies for One Public Agency to Perform a Service, etc., for Another Public Agency - Any one or more public agencies are hereby empowered and...
§8-23-8. Duration of Intergovernmental Agreements and Contracts - (a) If an intergovernmental agreement, entered into in accordance with...
§8-23-9. Construction - §8-23-9. Construction. The provisions of this article are in addition...
Article 25. Intergovernmental Relations -- Regional Planning and Development
§8-25-1. Legislative Findings and Purposes - The Legislature hereby finds and declares that as a result...
§8-25-2. Definitions - The following terms, wherever used or referred to in this...
§8-25-3. Powers and Duties of Governor Generally - The Governor, as chief executive officer of the state, shall...
§8-25-4. Delineation of Regions and Recommendations of Governor Thereon; Publication of Statement Fixing Regional Boundaries; Public Hearings; Certification of Regional Boundaries; Change in Boundaries - (a) Within sixty days after the effective date of this...
§8-25-5. Formation of Regional Councils; Purpose; Receipt of Funds and Assistance; Effect on Interstate Planning Commissions and Other Existing Organizations - (a) The Governor shall provide for an organizational meeting of...
§8-25-6. Membership, Organization, etc., of Regional Council; Executive Committee; Officers and Personnel - (a) All municipalities and all counties within the region shall...
§8-25-7. Contracts for Services, Materials, etc.; Publication of Notice for Bids - Each regional council is empowered and authorized to contract for...
§8-25-8. Powers and Duties of Regional Councils Generally - Each regional council may: (a) Continuously engage in comprehensive planning...
§8-25-9. Review of Applications for Loans or Grants - Each regional council shall review all applications of governmental units...
§8-25-10. Cooperation of Regional Council and Other Planning or Development Agencies, Governmental Units and Officials - To effectuate the purposes of this article, regional councils shall...
§8-25-11. Appointment of Citizens' Advisory Committees - Each regional council may appoint advisory committees of interested and...
§8-25-12. Annual Budget of Regional Council; Contributions by Governmental Units; Deposits and Disbursements - Each regional council shall adopt an annual budget, to be...
§8-25-13. Annual Report of Regional Council - On or before July thirty-first of each year, each regional...
§8-25-14. Effect of Article Upon Pending Projects and Applications - Any of the provisions of this article to the contrary...
§8-25-15. Construction of Article - The provisions of this article shall be liberally construed to...
Article 26. Intergovernmental Relations -- Interstate Regional Planning Commissions
§8-26-1. Creation of Commission; State May Be Ex Officio Member - §8-26-1. Creation of commission; state may be ex officio member....
§8-26-2. "Region" Defined - The term "region," as used in this article, shall mean...
§8-26-3. Membership and Organization of Commission; Reports and Audits - Any member of an interstate regional planning commission may hold...
§8-26-4. Powers and Duties of an Interstate Regional Planning Commission - §8-26-4. Powers and duties of an interstate regional planning commission....
§8-26-5. Appropriations, Receipts and Expenses - (a) Any political subdivision which becomes a member of any...
Article 26A. Municipal and County Historic Landmarks Commissions
§8-26A-1. Legislative Determinations - It is hereby declared as a matter of legislative determination:...
§8-26A-2. Definitions - As used in this article: (a) "Exterior architectural features" include...
§8-26A-3. Legislative Intent; Conflict Between Regulations of Zoning District and Historic District and Properties - The historic district and property regulation provided in this article...
§8-26A-4. Municipality or County May Establish Historic Landmarks Commission; Appointments; Detailed Provisions to Be Provided by Ordinance or Order; Appropriation of Funds - Any municipality by ordinance and any county by order of...
§8-26A-5. Powers and Duties of Commission - Any such commission shall be authorized, but not required, within...
§8-26A-6. Designation; Report - Prior to designation of an historic landmark or historic district,...
§8-26A-7. Certificate of Appropriateness; Scope of Review; Standards of Review; Review Procedures; Variances, Appeals - In the event that any commission shall exercise authority to...
§8-26A-8. Court Action or Proceedings to Prevent Improper Changes or Illegal Acts or Conduct - The municipal or county governing body or the historic landmarks...
§8-26A-9. Violations of This Article; Penalties - Violations of any such ordinance adopted in conformity with this...
§8-26A-10. Notice to County Assessor of Designation of Historic District - When any such commission establishes an historic district, it shall...
§8-26A-11. Assistance of State Agencies; Coordination; Annual Reports - Upon the request of any such commission, all agencies of...
Article 27. Intergovernmental Relations -- Urban Mass Transportation Systems
§8-27-1. Short Title - §8-27-1. Short title. This article may be cited as the...
§8-27-2. Legislative Findings and Declaration of Policy - The Legislature hereby finds and declares: (a) That a significant...
§8-27-3. Definitions - As used in this article, unless a different meaning appears...
§8-27-4. Urban Mass Transportation Authorities Authorized; Authorities to Be Public Corporations - Any municipality or county, or both, or any two or...
§8-27-5. Management of Authority Vested in Board; Eligibility, Appointment, Number and Term of Members; Vote of Members; Vacancies - AUTHORITIES AND BOARDS. §8-27-5. Management of authority vested in board;...
§8-27-6. Compensation of Members; Expenses - As compensation for his services on the board each member...
§8-27-7. Meetings of Authority; Officers; Employees; Official Bonds; Records of Authority Public Records - At its first meeting, to be held no later than...
§8-27-8. Quorum; Majority Vote Required - A majority of the members of the board, which majority...
§8-27-9. Budget - The board shall establish the beginning and ending of its...
§8-27-10. Powers and Duties of Authorities Generally - §8-27-10. Powers and duties of authorities generally. Each authority is...
§8-27-10a. Smoking on Vehicles Prohibited; Posting of Signs Required; Criminal Penalties - (a) Every authority operating any vehicle accessible to the public,...
§8-27-11. Contributions to Authorities; Funds and Accounts of Authorities; Reports; Audit by State Tax Department - §8-27-11. Contributions to authorities; funds and accounts of authorities; reports;...
§8-27-12. Study and Plan of Operation; Notice and Hearing; Adoption of Transportation Plan - §8-27-12. Study and plan of operation; notice and hearing; adoption...
§8-27-13. Resolution Authorizing Acquisition or Construction of Urban Mass Transportation System - §8-27-13. Resolution authorizing acquisition or construction of urban mass transportation...
§8-27-14. Bonds Generally - The authority is hereby empowered and authorized to provide by...
§8-27-15. Trust Indenture Generally - In the discretion of the authority, any bonds issued under...
§8-27-16. Sinking Fund; West Virginia Municipal Bond Commission; Purchase of Outstanding Bonds - Before the issuance of any bonds under the provisions of...
§8-27-17. Remedies of Bondholders - Any holder of bonds issued under the provisions of this...
§PART. Vii. Public Service Commission. §8-27-18. Repealed. Acts, 1976 Reg. sess., Ch. 85 - §8-27-18. Repealed. Acts, 1976 Reg. Sess., Ch. 85.
§8-27-19. Indebtedness of Authorities - §8-27-19. Indebtedness of authorities. Each authority may issue bonds, borrow...
§8-27-20. Exemption From Taxation - It is hereby found, determined and declared that the creation...
§8-27-21. Protection of Employees of Existing Transportation Systems - §8-27-21. Protection of employees of existing transportation systems. Whenever any...
§8-27-21a. Federal Grants; Wage Deductions - Notwithstanding any provision of this code to the contrary, the...
§8-27-22. Conflict of Interest - INVESTMENTS; CONSTRUCTION. §8-27-22. Conflict of interest. No member of any...
§8-27-23. Competitive Bids; Publication of Solicitation for Sealed Bids - (a) Any contract for the construction of facilities by any...
§8-27-24. Bonds Made Legal Investments - Banking institutions, building and loan associations, and insurance companies organized...
§8-27-25. Article Constitutes Complete Authority; Liberal Construction - This article shall constitute full and complete authority for the...
§8-27-26. Dissolution of Authority; Disposition of Assets After Payment of Debts - §8-27-26. Dissolution of authority; disposition of assets after payment of...
§8-27-27. Employees to Be Covered by Workers' Compensation - All eligible employees of any authority shall be considered to...
Article 27A. Intergovernmental Relations -- Alternative Fuel Vehicles
§8-27A-1. Definitions - The following terms, whenever used or referred to in this...
§8-27A-2. Purchase or Lease of Fleet Vehicles; Use of Alternative Fuels - (a) After September 1, 1993, a political subdivision may purchase...
§8-27A-3. Prohibition of Subsidies or Incentive Payments - Except as provided by section three-d, article thirteen-d, chapter eleven...
Article 28. Intergovernmental Relations -- Airports and Avigation
§8-28-1. Definitions - §8-28-1. Definitions. When used in this article, the terms "airport"...
§8-28-2. Establishment, Lease and Operation of Airports by Municipalities and Counties; Jurisdiction of County Court - Any municipality or county may acquire, establish, construct, lease, equip,...
§8-28-3. Acquisition of Property for Airport; Payment Therefor - Real property necessary for such airport may be acquired by...
§8-28-4. Construction, Maintenance and Operation of Airport; Expenses; Rules and Regulations and Fees - The governing body or county court of such municipality or...
§8-28-5. Rules and Regulations to Control Vehicular and Pedestrian Traffic Within Quarter Mile of Airport; Violation of Rule and Regulation a Misdemeanor; Penalty - (a) The governing body or county court is hereby empowered...
§8-28-6. Airports Maintained Jointly; Abandonment and Sale Thereof; Suits Concerning Disposition, etc., of Airport - §8-28-6. Airports maintained jointly; abandonment and sale thereof; suits concerning...
§8-28-7. State and Political Subdivisions Empowered and Authorized to Lease Airports and Grounds to Others - §8-28-7. State and political subdivisions empowered and authorized to lease...
§8-28-8. Levy for Airport; Funds for Its Maintenance and Operation - §8-28-8. Levy for airport; funds for its maintenance and operation....
§8-28-9. Construction, Maintenance and Operation of Airports by Municipalities of an Adjoining State; Acquisition of Property Therefor; Property Tax Exempt - AND AIRPORT LAND IN THIS STATE. §8-28-9. Construction, maintenance and...
Article 29. Intergovernmental Relations -- Regional Airports
§8-29-1. Airport Authorities Authorized; Definitions - (a) Any two or more municipalities, any two or more...
§8-29-2. Authorities to Be Public Corporations - Each authority when created and established, and the members thereof,...
§8-29-3. Authorities Empowered and Authorized to Acquire, Operate, etc., Airports and Develop Industrial Parks; State Aeronautics Commission - Each authority is hereby empowered and authorized to acquire, establish,...
§8-29-4. Management of Authority Vested in Members; Appointment and Terms of Members; Vote of Members; Valuation of Property Contributed to an Authority; Participation by Additional Municipalities or Counties Without State - The management and control of each authority, its property, operations,...
§8-29-5. Substitution of Members - If any member of an authority die, or resign, or...
§8-29-6. Qualification of Members - All members of the board of each authority shall be...
§8-29-7. Compensation of Members - No member of the board of an authority shall receive...
§8-29-8. Powers of Authorities Generally - Each authority is hereby given plenary power and authority as...
§8-29B-8a. Abandoned or Derelict Aircraft - (a) If an abandoned or derelict aircraft is discovered on...
§8-29-9. Rules and Regulations to Control Vehicular and Pedestrian Traffic Within Quarter Mile of Airport; Violation of Rule and Regulation a Misdemeanor; Penalty - (a) The airport authority or the county court of the...
§8-29-10. Indebtedness of Authorities - FROM TAXATION; DISPOSITION OF SURPLUSES. §8-29-10. Indebtedness of authorities. Each...
§8-29-11. Agreements in Connection With Obtaining Funds - Each authority may, in connection with obtaining moneys or property...
§8-29-12. Authorities to Have Right of Eminent Domain - Whenever it shall be deemed necessary by an authority, in...
§8-29-13. Property, Bonds and Obligations of Authorities Exempt From Taxation - Each authority shall be exempt from the payment of any...
§8-29-14. Authorities May Lease Facilities - Each authority may lease its airport and all or any...
§8-29-15. Disposition of Surplus of Authorities - If an authority should realize a surplus, whether from operating...
§8-29-16. Contributions to Authorities; Funds and Accounts of Authorities - Contributions of moneys may be made to authorities from time...
§8-29-17. Participation - (a) The municipalities and counties or any one or more...
§8-29-18. Dissolution of Authority; Disposition of Assets After Payment of Debts - COMPENSATION; CONSTRUCTION. §8-29-18. Dissolution of authority; disposition of assets after...
§8-29-19. Employees to Be Covered by Workmen's Compensation - All eligible employees of any authority shall be deemed to...
§8-29-20. Liberal Construction of Article - The purposes of this article are to provide for the...
Article 29A. County Airport Authorities
§8-29A-1. County Airport Authority Authorized as Public Agency - The county commission of a county is hereby authorized to...
§8-29A-2. Appointment of Members; Powers and Duties; Compensation; Terms; Removal or Replacement - (a) The management and control of the county airport authority,...
§8-29A-3. Powers Generally - (a) The authority is hereby authorized and empowered to acquire,...
§8-29A-4. Funds; Accounting; Reporting - All funds received by the authority from whatever source shall...
§8-29A-5. Full-Time Employees of the Authority to Be Public Employees - Any person who serves regularly as an employee, full time,...
§8-29A-6. Authority May Incur Indebtedness; County Not Liable for Indebtedness - The authority may incur any proper indebtedness and issue any...
§8-29A-7. Exemption From Taxes; Payment for Portion Used as Industrial Park - The authority shall be exempt from the payment of any...
§8-29A-8. County Commission Authorized to Convey Present Airport Properties and Facilities to the Authority - Notwithstanding any other provision of law to the contrary, the...
§8-29A-9. Disposition of Surplus - If the authority should realize a surplus, whether from operating...
§8-29A-10. Procedure for Dissolution of Authority - The authority may at any time pay off and discharge...
§8-29A-11. Purpose of Article; Liberal Construction; Article Cumulative - It is the purpose of this article to provide for...
Article 29B. Airport Security
§8-29B-1. Legislative Findings and Purpose - The Legislature hereby finds and declares that there is an...
§8-29B-2. Definitions - As used in this article: (1) "Aircraft" has the meaning...
§8-29B-3. Rules and Regulations; Penalties - Each airport operator shall have plenary power and authority to...
§8-29B-4. Arrangements for Airport Police Officers; Uniform and Badge; Firearm Required - (a) To enforce any federal or state law or rules...
§8-29B-5. Jurisdiction of Airport Police Officers; Insurance Coverage; Bonds - (a) The following areas shall be under the jurisdiction of...
§8-29B-6. Required Security Measures - In addition to any and all other security measures which...
Article 30. Intergovernmental Relations -- Flood Control Projects
§8-30-1. Establishment and Operation of Flood Control Projects by Municipalities and Counties - Any municipality or county may establish, construct, maintain and operate...
Article 31. Intergovernmental Relations -- Franchise Obligations
§8-31-1. Conditions to Granting of Franchise by Governing Body or County Court; Term of Franchise; Public Service Commission Power and Authority Not Affected - §8-31-1. Conditions to granting of franchise by governing body or...
§8-31-2. Compelling Compliance With Franchise Obligations; Damages; Forfeiture - §8-31-2. Compelling compliance with franchise obligations; damages; forfeiture. When any...
Article 32. Intergovernmental Relations - Contributions to or Involvement With Nonstock, Nonprofit Corporations or Health Institutions for Public Purposes
§8-32-1. Legislative Findings; Authority of Municipalities and Counties to Make Appropriations, Conveyances or Leases; Limitations and Restrictions - §8-32-1. Legislative findings; authority of municipalities and counties to make...
§8-32-2. Membership and Participation in Area Development Corporations - Every municipality and county commission is hereby empowered and authorized...
§8-32-3. Power to Secure Federal Grants for Certain Nonprofit Organizations - §8-32-3. Power to secure federal grants for certain nonprofit organizations....
§8-32-4. Legislative Findings; Authority of Municipalities and County Commissions to Make Appropriations; Limitations and Restrictions - §8-32-4. Legislative findings; authority of municipalities and county commissions to...
§8-32-5. Legislative Findings; Authority of Municipalities and Counties to Make Appropriations for the Celebration of Historical and Commemorative Events; Limitations and Restrictions - §8-32-5. Legislative findings; authority of municipalities and counties to make...
Article 33. Intergovernmental Relations -- Building Commissions
§8-33-1. Municipal, County and Municipal-County Building Commissions Authorized; Reference to County Courts and County Commissions - §8-33-1. Municipal, county and municipal-county building commissions authorized; reference to...
§8-33-2. Commissions Are Public Corporations - Each commission, when created, shall be a public corporation and...
§8-33-3. Authority Vested in Board; Composition of Board; Appointment; Qualifications and Terms of Members; Vacancies; Reimbursement of Expenses - All property, powers and duties and the management and control...
§8-33-4. Powers - Each commission shall have plenary power and authority to: (a)...
§8-33-4a. Issuance of Pension Funding Revenue Bonds to Fund a Pension Funding Program - (a) In addition to the powers set forth in 8-33-4...
§8-33-4b. Approval of Municipal Pension Oversight Board of Certain Pension Funding Revenue Bonds - (a) In addition to the requirements otherwise provided in this...
§8-33-5. Indebtedness of Commission - TAXATION; FUNDS; PROPERTY. §8-33-5. Indebtedness of commission. No Constitutional or...
§8-33-6. Disposition of Surplus of Commission - If a commission should realize a surplus over and above...
§8-33-7. Property, Bonds and Obligations of Commissions Exempt From Taxation - Each commission shall be exempt from the payment of any...
§8-33-8. Contributions to Commissions; Funds and Accounts of Commissions; Reports; Audits - Contributions may be made to each commission from time to...
§8-33-9. Authority to Convey or Transfer Property to Commission - Any municipality or county is hereby empowered and authorized to...
§8-33-10. Sale of Property by Commission - In the event a majority of the governmental bodies contributing...
§8-33-11. Workers' Compensation - §8-33-11. Workers' compensation. Each commission shall subscribe to the workers'...
§8-33-12. Liberal Construction - The provisions of this article are hereby declared to be...
Article 34. Judicial Review
§8-34-1. General Right of Appeal; Recordation of Jury Trial; Preparation of Record - (a) Every person sentenced under this chapter by any mayor,...
Article 35. Dissolution of Municipalities
§8-35-1. Forfeiture of Charter or Certificate of Incorporation; Notice; Dissolution of Municipality - §8-35-1. Forfeiture of charter or certificate of incorporation; notice; dissolution...
§8-35-2. Voluntary Dissolution of Class III City or Class IV Town or Village - CLASS IV TOWN OR VILLAGE. §8-35-2. Voluntary dissolution of Class...
Article 36. Constitutionality and Severability
§8-36-1. Constitutionality and Severability - (a) If any article, section, subsection, subdivision, provision, clause or...
Article 37. Municipal Financial Stabilization Fund Act
§8-37-1. Short Title - This act may be known and cited as the "Municipal...
§8-37-2. Findings and Declarations - The Legislature finds and declares that: (1) Municipalities should maintain...
§8-37-3. Budget Stabilization Fund; Creation; Appropriation; Maximum - (a) A municipality may create a financial stabilization fund by...
§8-37-4. Fund Investment; Usage - (a) The governing body may invest the money in the...
Article 38. Municipal Economic Opportunity Development Districts
§8-38-1. Short Title - This article is known and may be cited as the...
§8-38-2. Legislative Findings and Declaration of Purpose - The Legislature finds that many significant business opportunities initiated within...
§8-38-3. Definitions - For purposes of this article, the term: (1) "Affordable housing"...
§8-38-4. Authorization to Create Economic Opportunity Development Districts - A municipality may, in accordance with the procedures and subject...
§8-38-5. Development Expenditures - Any municipality that has established an economic opportunity development district...
§8-38-6. Notice; Hearing - (a) General. -- A municipality desiring to create an economic...
§8-38-7. Application to Development Office for Approval of an Economic Opportunity Development District Project - (a) General. -- The Development Office shall receive and act...
§8-38-8. Establishment of the Economic Opportunity Development District Fund - (a) General. -- There is hereby created a special revenue...
§8-38-9. Authorization to Levy Special District Excise Tax - (a) General. — Municipalities have no inherent authority to levy...
§8-38-10. Ordinance to Create District as Approved by Development Office and Authorized by the Legislature - (a) General. -- If an economic opportunity development district project...
§8-38-11. District Board; Duties - (a) General. -- The council of a municipality that has...
§8-38-12. Special District Excise Tax Authorized - (a) General. -- The council of a municipality, authorized by...
§8-38-13. Requisition of District Subaccount Funds - Sixty days after collection of a special district excise tax...
§8-38-14. Modification of Included Area; Notice; Hearing - (a) General. -- The ordinance creating an economic opportunity development...
§8-38-15. Abolishment and Dissolution of District; Notice; Hearing - (a) General. -- Except upon the express written consent of...
§8-38-16. Bonds Issued to Finance Economic Opportunity Development District Projects - (a) General. -– The municipality that established the economic opportunity...
§8-38-17. Security for Bonds - (a) General. -– Unless the municipality otherwise determines in the...
§8-38-18. Redemption of Bonds - The revenue bonds issued pursuant to this article may contain...
§8-38-19. Refunding Bonds - (a) Any bonds issued under this article and at any...
§8-38-20. Use of Proceeds From Sale of Bonds - (a) General. -– The proceeds from the sale of any...
§8-38-21. Bonds Made Legal Investments - Bonds issued under the provisions of this article are legal...
§8-38-22. Exemption From Taxation - The revenue bonds and notes issued pursuant to this article...
§8-38-23. Joint Economic Opportunity Development Districts - (a) The Legislature hereby finds and declares that the citizens...
§8-38-24. Application by Division of Highways - (a) The Commissioner of Highways may propose the creation by...
Article 39. Municipal Websites
§8-39-1. Accessible Municipal Records; Required Information - (a) Beginning on or before December 31, 2020, each municipality...