Chapter 5 — General Powers and Authority of the Governor, Secretary of State and Attorney General; Board of Public Works; Miscellaneous Agencies, Commissions, Offices, Programs, Etc

Article 1 The Governor

§ 5-1-1 Arrest or deportation of persons during war.

§ 5-1-2 Arrest of persons aiding enemy or insurgents.

§ 5-1-3 Power to send for persons and papers in such cases.

§ 5-1-4 Warrants of Governor under §§5-1-1 to 5-1-3.

§ 5-1-5 Discharge from arrest; bond.

§ 5-1-6

§ 5-1-7

§ 5-1-8

§ 5-1-9

§ 5-1-10

§ 5-1-11

§ 5-1-12

§ 5-1-13 Construction of §§5-1-7 to 5-1-13; severability; how cited.

§ 5-1-14 Rewards for arrest of criminals or in case of assault on or assassination of judge; employment of detectives.

§ 5-1-15 Return of warrants issued by Governor.

§ 5-1-16 Remission of fines and penalties; commutation of

§ 5-1-16a Expungement of criminal record upon full and unconditional pardon.

§ 5-1-17 When Governor may remit fine or penalty.

§ 5-1-18 Payments from civil contingent fund.

§ 5-1-19 Temporary loans.

§ 5-1-20 Reports to the Governor; form and contents; transmission to the Legislature; special reports.

§ 5-1-21 Printing and distribution of biennial messages; distribution of legislative journals.

§ 5-1-22 Vacancies in offices filled by appointment of Governor; Senate action; bond requirements; filling vacancies in other appointive offices.

§ 5-1-23 Securing congressional appropriations when Legislature not in session; powers of designated state agency; transfers of appropriation items by Governor.

§ 5-1-24 Appointment of assistant Attorney General to perform duties for Governor; compensation.

§ 5-1-25 Designation of daylight saving time as official time.

§ 5-1-26 Fuel emergency; power of the Governor to declare an emergency; duties of the Governor with respect to such emergency; assistance of other state agencies and local law-enforcement agencies; injunctive relief; penalties; jurisdiction.

§ 5-1-27 Draping of state flag to honor the passing of law-enforcement officers.

§ 5-1-28 Prerequisites for bond issuance and refunding.

§ 5-1-29 Reciprocity agreements to establish regulations, licensing requirements and taxes for small businesses in contiguous states and the District of Columbia doing business in West Virginia.

§ 5-1-30 Authority to direct payment of certain debt in emergency.

Article 1A Itemization of Proposed Appropriations in Budget Bill Submitted by Governor to Legislature

§ 5-1A-1 Legislative findings and purposes.

§ 5-1A-2 Submission of budget bill; form prescribed by article.

§ 5-1A-3 Proposed appropriations for legislative and judicial branches.

§ 5-1A-4 Uniform itemization; definitions; sub classifications and sub items; separate line items for specific programs or purposes; separate account numbers for single spending units permitted.

§ 5-1A-5 Itemization of appropriations for state Division of Highways; state aid to schools.

Article 1B Chief Technology Officer

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Article 1C Science and Technology Council

§ 5-1C-1

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Article 1D Governor's Office of Fiscal Risk Analysis and Management

§ 5-1D-1 Findings and purposes.

§ 5-1D-2 Definitions.

§ 5-1D-3 Creation of the office of fiscal risk analysis and management; appointment and qualifications of chief risk officer.

§ 5-1D-4 Powers and duties of the office to all state spending units.

§ 5-1D-5 Powers and duties of the office to executive agencies.

§ 5-1D-6 Fees.

§ 5-1D-7 Notice of request for proposals by state spending units required to make purchases through the state Purchasing Division.

§ 5-1D-8 Notice of request for proposals by state spending units exempted from submitting purchases to the state Purchasing Division.

§ 5-1D-9 Annual report.

§ 5-1D-10 Exemptions.

§ 5-1D-11

Article 1E Healthy West Virginia Program

§ 5-1E-1 Findings and purposes.

§ 5-1E-2 Creation of the Office of Healthy Lifestyles.

§ 5-1E-3 Powers and duties of the Office.

§ 5-1E-4 Partnership to encourage healthy lifestyles by children and families.

§ 5-1E-5 Creation of a Healthy Lifestyles Fund.

Article 2 Secretary of State

§ 5-2-1 General duties.

§ 5-2-2 Authority to administer oaths.

§ 5-2-3 Retention and preservation of records of the secretary of state; destruction of records.

§ 5-2-4 Accessible county records; required information.

Article 3 Attorney General

§ 5-3-1 Written opinions and advice and other legal services; expenditures by state officers, boards and commissions for legal services prohibited.

§ 5-3-2 Act as counsel for state; duties and powers as to prosecuting attorneys; defense of National Guardsmen.

§ 5-3-2a Consent judgments in actions against an agency of government; notice of proposed consent judgment.

§ 5-3-3 Assistants to Attorney General.

§ 5-3-3a Competitive bidding required for private attorneys, special assistant attorneys general.

§ 5-3-4 Annual report to Governor, President of the Senate and Speaker of the House.

§ 5-3-5 Fees to be paid into State Treasury.

§ 5-3-6 Attorney General’s investigators authority to carry concealed weapon.

Article 4 Board of Public Works

§ 5-4-1 How constituted; powers and duties.

§ 5-4-2 Secretary; records.

§ 5-4-3

§ 5-4-4

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Article 5 Salary Increase for State Employees

§ 5-5-1 Definitions.

§ 5-5-2 Granting incremental salary increases based on years of service.

§ 5-5-3 Optional payment to employee in lump sum amount for accrued and unused leave at termination of employment; no withholding of any employee contribution deduction; exception.

§ 5-5-4 Department of Health and Human Resources salary adjustment.

§ 5-5-4a Department of Health and Human Resources facility employee classifications.

§ 5-5-4b Division of Corrections, Division of Juvenile Services, and Regional Jail Authority pay equity salary adjustment.

§ 5-5-4c Unemployment compensation board of review salary adjustment.

§ 5-5-5 Pay equity adjustment.

§ 5-5-6 Payment for unused sick leave.

Article 6 State Buildings

§ 5-6-1 Name of state office building commission changed; composition; appointment, terms and qualifications of members; chairman and secretary; compensation and expenses; powers and duties generally; frequency of meetings; continuation.

§ 5-6-2 Legislative findings; purpose of revision of article.

§ 5-6-3 Definitions.

§ 5-6-4 Powers of commission.

§ 5-6-4a Review of real property contracts and agreements; master plan for office space.

§ 5-6-5 Deposit and disbursement of funds of commission; security for deposits; audits.

§ 5-6-5a Creation of asbestos account; purpose; funding; disbursements.

§ 5-6-6 City of Charleston may dedicate streets, property, etc., to commission.

§ 5-6-7 Contracts with commission to be secured by bond; competitive bids required for certain contracts.

§ 5-6-8 Commission empowered to issue state building revenue bonds after legislative authorization; form and requirements for bonds; procedure for issuance; temporary bonds; funds, grants and gifts.

§ 5-6-9 Trustee for holders of bonds; contents of trust agreement.

§ 5-6-10 Trust existing in favor of existing bondholders.

§ 5-6-11 Management and control of project.

§ 5-6-11a Special power of commission to transfer or expend bond proceeds for capital improvements at institutions of higher education, state parks and the Capitol Complex and to construct and lease a center for arts and sciences of West Virginia; limitations; state building commission authorized to issue revenue bonds; fund created; use of funds to pay for development of education, arts, sciences, and tourism projects.

§ 5-6-11b Power of commission to transfer project funds to other certified projects for state parks.

§ 5-6-11c Power of the state building commission to transfer project funds to other projects for state capitol improvements and renovations.

§ 5-6-12 Article not authority to create state debt.

§ 5-6-13 Compliance with article and state Constitution only restrictions on construction and management of project.

§ 5-6-14 Article to be liberally construed.

§ 5-6-15 Severability.

§ 5-6-16 Sloped roofs required.

§ 5-6-17 Display of the national motto and POW-MIA flag.

Article 7 Social Security Agency

§ 5-7-1 Declaration of policy.

§ 5-7-2 Definitions.

§ 5-7-3 Federal-state agreement; interstate agreements.

§ 5-7-4 Contributions by state employees.

§ 5-7-5 Plans for coverage of employees of political subdivisions and of state and local instrumentalities; payments by subdivisions or instrumentalities; contributions by such employees.

§ 5-7-6 Contribution fund; appropriations thereto.

§ 5-7-7 Rules and regulations.

§ 5-7-8 Studies and reports.

§ 5-7-9 Separability.

§ 5-7-10 Acts repealed.

Article 8 Public Records Management and Preservation Act

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§ 5-8-20

Article 9 Department of Commerce

§ 5-9-1

§ 5-9-2

§ 5-9-3

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§ 5-9-6

Article 10 West Virginia Public Employees Retirement Act

§ 5-10-1 Short title.

§ 5-10-2 Definitions.

§ 5-10-3 Retirement system created and established; body corporate.

§ 5-10-3a Article to be liberally construed; supplements federal social security; federal qualification requirements.

§ 5-10-4 Effective date of system.

§ 5-10-5 Board of trustees created; powers and duties generally; composition.

§ 5-10-6 Trustees' terms of office.

§ 5-10-7 Vacancies on board.

§ 5-10-8 Trustees' compensation and expenses.

§ 5-10-9 Chairman and vice chairman; executive secretary; employees; treasurer; legal advisor; actuary.

§ 5-10-10 Board meetings; quorum; vote; proceedings.

§ 5-10-11 Reports required of board.

§ 5-10-12 Officer and employee bonds.

§ 5-10-13 Actuarial investigations and valuations; specification of actuarial assumptions.

§ 5-10-14 Service credit; retroactive provisions.

§ 5-10-15 Military service credit; qualified military service.

§ 5-10-15a Retirement credited service through member's use, as option, of accrued annual or sick leave days.

§ 5-10-15b Credit for public employment in another state.

§ 5-10-15c Military service credit for members of the West Virginia National Guard.

§ 5-10-16 When and how political subdivision becomes participating public employer.

§ 5-10-17 Retirement system membership.

§ 5-10-18 Termination of membership; reentry.

§ 5-10-19 Employers to file information as to employees’ service and reemployment of retirants.

§ 5-10-20 Voluntary retirement.

§ 5-10-21 Deferred retirement and early retirement.

§ 5-10-21a Deferred retirement and early retirement for new members as of July 1, 2015.

§ 5-10-22 Retirement annuity.

§ 5-10-22a Supplemental benefits for certain annuitants.

§ 5-10-22b Supplemental benefits for certain annuitants.

§ 5-10-22c Temporary early retirement incentives program; legislative declaration and finding of compelling state interest and public purpose; specifying eligible and ineligible members for incentives program; options, conditions, and exceptions; certain positions abolished; special rule of eighty; effective, termination, and notice dates.

§ 5-10-22d Supplemental benefits for certain annuitants.

§ 5-10-22e Supplemental benefits for retirees effective July 1, 1994; calculation of benefits and conditions of payment.

§ 5-10-22f Minimum benefit for certain retirants; legislative declaration; state interest and public purpose.

§ 5-10-22g One-time supplement for certain annuitants effective July 1, 2001.

§ 5-10-22h Limitations on benefit increases.

§ 5-10-22i One-time supplement for certain annuitants effective July 1, 2006.

§ 5-10-22j One-time bonus payment for certain annuitants effective July 1, 2008.

§ 5-10-22k One-time bonus payment for certain annuitants effective July 1, 2011.

§ 5-10-22l Minimum benefit for certain retirants.

§ 5-10-22m One-time bonus payment for certain annuitants.

§ 5-10-22n Minimum benefit for certain annuitants.

§ 5-10-23 Terminal payment following retirement.

§ 5-10-24 Annuity options.

§ 5-10-25 Disability retirement.

§ 5-10-26 Reexamination of disability retirants; reemployment; adjustment of annuity for earnings.

§ 5-10-27 Preretirement death annuities.

§ 5-10-27a Federal law maximum benefit limitations.

§ 5-10-27b Federal law minimum required distributions.

§ 5-10-27c Direct rollovers.

§ 5-10-27d Rollovers and transfers to purchase service credit or

§ 5-10-28 Unified accounting; funds.

§ 5-10-29 Members' deposit fund; members' contributions; forfeitures.

§ 5-10-30 Refund of accumulated contributions.

§ 5-10-31 Employers Accumulation Fund; employers contributions.

§ 5-10-31a Retroactive contributions to the retirement system for retroactive service credit granted; one year period for application.

§ 5-10-32 Appropriations for state contributions to retirement system; contributions for members paid from special funds or by other employers.

§ 5-10-33 Contributions by other participating public employers; withholding state money to satisfy delinquencies.

§ 5-10-34 Transfers to retirement reserve fund.

§ 5-10-35 Retirement reserve fund created; transfers from fund on reemployment.

§ 5-10-36 Income fund.

§ 5-10-37

§ 5-10-38 Investment of moneys; bonds of state departments and institutions to be offered first to board of public works.

§ 5-10-39 No trustee, etc., shall gain from investments of system.

§ 5-10-40 Restricted use of retirement system moneys.

§ 5-10-41 Allowance of regular interest on balances in funds.

§ 5-10-42 Fiscal or plan year of retirement system.

§ 5-10-43 Pro rata reduction of annuities.

§ 5-10-44 Correction of errors; underpayments; overpayments.

§ 5-10-45 Fraud; penalty.

§ 5-10-46 Right to benefits not subject to execution, etc.; assignments prohibited; deductions for group insurance; setoffs for fraud; exception for certain domestic relations orders.

§ 5-10-47 Benefits exempt from taxes.

§ 5-10-48 Reemployment after retirement; options for holder of elected public office.

§ 5-10-49 Removal from office.

§ 5-10-50 Severability.

§ 5-10-51 Withdrawal.

§ 5-10-52 Specific provisions relating to certain members of the Legislature and certain service by members of the Legislature.

§ 5-10-52a Specific provisions relating to certain staff members participating in the Public Employees Retirement System employed by Hopemont Hospital, Jackie Withrow Hospital, John Manchin Sr. Health Care Center, and Lakin State Hospital.

§ 5-10-53 Joint study of state retirement systems; report to Joint Committee on Government and Finance by specified date of study conclusions.

§ 5-10-54 Termination of benefits; procedure.

§ 5-10-55 Benefits not to be forfeited if system terminates.

Article 10A Disqualification for Public Retirement Plan Benefits

§ 5-10A-1 Findings and declarations.

§ 5-10A-2 Definitions.

§ 5-10A-3 Notice of intention to terminate benefits; waiver; failure to reply.

§ 5-10A-4 Determination by circuit court of ineligibility; jurisdiction; appeal.

§ 5-10A-5 Termination of benefits.

§ 5-10A-6 Refund of contributions.

§ 5-10A-7 Eligibility for new participation upon rehabilitation.

§ 5-10A-8 Setoff; unpaid benefits subject to execution, freezing of account upon finding of probable cause.

§ 5-10A-9 Rules of construction.

§ 5-10A-10 Severability.

§ 5-10A-11 Notification from prosecuting attorneys.

Article 10B Government Employees Deferred Compensation Plans

§ 5-10B-1 Legislative purpose.

§ 5-10B-2 Definitions.

§ 5-10B-3 Powers; contracts; meetings.

§ 5-10B-3a Automatic enrollment.

§ 5-10B-4 Responsibility for implementing plans -- Payroll reductions -- Billing and administration.

§ 5-10B-5 Investment of funds.

§ 5-10B-6 Program supplemental.

§ 5-10B-7 Other benefits unaffected by deferred compensation plan.

§ 5-10B-8 Federal and state income tax.

§ 5-10B-9 Liabilities of State of West Virginia or political subdivisions.

§ 5-10B-10 Deferred compensation plan funds held in trust.

§ 5-10B-10a Matching contribution program.

§ 5-10B-11 Deferred Compensation Administrative Account.

§ 5-10B-12 Confidential information exempt from disclosure.

§ 5-10B-12a Disclosure of information to the Treasurer for operation of the plan.

§ 5-10B-13 Moneys not subject to legal process; qualified domestic relations orders.

§ 5-10B-14 Roth accounts.

Article 10C Government Employees Retirement Plans

§ 5-10C-1 Legislative purpose.

§ 5-10C-2 Construction and effect of article.

§ 5-10C-3 Definitions.

§ 5-10C-4 Pick-up of members’ contributions by participating public employers.

§ 5-10C-5 Savings clause.

Article 10D Consolidated Public Retirement Board

§ 5-10D-1 Consolidated Public Retirement Board continued; members; vacancies; investment of plan funds.

§ 5-10D-2 Chairman and vice chairman; executive director; employees; legal advisor; actuary.

§ 5-10D-3 Board meetings; quorum; vote; proceedings; compensation.

§ 5-10D-4 Employment of an actuary; duties; compensation.

§ 5-10D-5

§ 5-10D-6 Voluntary deductions by the Consolidated Public Retirement Board from monthly benefits to retirees to pay association dues.

§ 5-10D-6a Voluntary election by eligible retired public safety officers to have amounts from eligible retirement plan distributed to pay for qualified health insurance premiums.

§ 5-10D-7 Compensation limitations; effective dates.

§ 5-10D-8

§ 5-10D-9 When annuities to be paid.

§ 5-10D-10 Death benefits for participants or members who die while performing qualified military service; treatment of differential wage payments.

§ 5-10D-11 Liability of participating public employer for delinquent retirement contributions; liability of participating public employer's successor for delinquent retirement contributions; lien for delinquent contributions; collection by suit.

§ 5-10D-12 Employer reporting requirements; payments by electronic funds transfer.

§ 5-10D-13 Withholding state and county money to satisfy delinquencies.

§ 5-10D-14 Employer unilateral termination of participation prohibited.

§ 5-10D-15 Confidential information exempt from disclosure.

Article 11 Human Rights Commission

§ 5-11-1 Short title.

§ 5-11-2 Declaration of policy.

§ 5-11-3 Definitions.

§ 5-11-4 Powers and objectives.

§ 5-11-5 Composition; appointment, terms, and oath of members; compensation and expenses.

§ 5-11-6 Commission organization and personnel; executive director; offices; meetings; quorum; expenses of personnel.

§ 5-11-7 Assistance to commission; legal services.

§ 5-11-8 Commission powers; functions; services.

§ 5-11-9 Unlawful discriminatory practices.

§ 5-11-9a Veterans preference not a violation of equal employment opportunity under certain circumstances.

§ 5-11-10 Discriminatory practices; investigations, hearings, procedures and orders.

§ 5-11-11 Appeal and enforcement of commission orders.

§ 5-11-12 Local human relations commissions.

§ 5-11-13 Exclusiveness of remedy; exceptions.

§ 5-11-14 Penalty.

§ 5-11-15 Construction; severability.

§ 5-11-16 Certain records exempt.

§ 5-11-17 Posting of law and information.

§ 5-11-18 Injunctions in certain housing complaints.

§ 5-11-19 Private club exemption.

§ 5-11-20 Violations of human rights; civil action by attorney general.

§ 5-11-21

Article 11A West Virginia Fair Housing Act

§ 5-11A-1 Short title.

§ 5-11A-2 Declaration of policy.

§ 5-11A-3 Definitions.

§ 5-11A-3a Volunteer services or materials to build or install basic universal design features; workers, contractors, engineers, and architects; immunity from civil liability.

§ 5-11A-4 Application of article.

§ 5-11A-5 Discrimination in sale or rental of housing and other prohibited practices.

§ 5-11A-6 Discrimination in residential real estate-related transactions.

§ 5-11A-7 Discrimination in provision of brokerage services.

§ 5-11A-8 Religious organization or private club exemption.

§ 5-11A-9 Administration; authority and responsibility; delegation of authority; appointment of administrative law judges; location of conciliation meetings; administrative review; cooperation of the commission and executive departments and agencies to further fair housing purposes; functions of the commission.

§ 5-11A-10 Education and conciliation; conferences and consultations; reports.

§ 5-11A-11 Administrative enforcement; preliminary matters; complaints and answers; service; conciliation; injunctions; reasonable cause determinations; issuance of charge.

§ 5-11A-12 Subpoenas; giving of evidence; witness fees; enforcement of subpoenas.

§ 5-11A-13 Election of remedies; administrative hearings and discovery; exclusivity of remedies; final orders; review by commission; judicial review; remedies; attorney fees.

§ 5-11A-14 Enforcement by private persons; civil actions; appointed attorneys; remedies; bona fide purchasers; intervention by Attorney General.

§ 5-11A-15 Enforcement by Attorney General; pattern or practice cases; subpoena enforcement; remedies; intervention.

§ 5-11A-16 Interference, coercion, or intimidation; enforcement by civil action.

§ 5-11A-17 Cooperation with local agencies administering fairhousing laws; utilization of services and personnel; reimbursement; written agreements; publication instate register.

§ 5-11A-18 Effect on other laws.

§ 5-11A-19 Severability of provisions.

§ 5-11A-20 Rules to implement article.

Article 11B Pregnant Workers Fairness Act

§ 5-11B-1 Short title.

§ 5-11B-2 Nondiscrimination with regard to reasonable accommodations related to pregnancy.

§ 5-11B-3 Remedies and enforcement.

§ 5-11B-4 Rule-making.

§ 5-11B-5 Definitions.

§ 5-11B-6 Relationship to other laws.

§ 5-11B-7 Reports.

Article 12 West Virginia Antiquities Commission

§ 5-12-1

§ 5-12-2

§ 5-12-3

§ 5-12-4

§ 5-12-5

Article 13 Public Employees' and Teachers' Reciprocal Service Credit Act

§ 5-13-1 Short title.

§ 5-13-2 Definitions.

§ 5-13-3 Credited service upon transfer between systems.

§ 5-13-4 Reciprocal service.

§ 5-13-5 Prior service credit.

§ 5-13-6 Disability reciprocal credit.

§ 5-13-7

Article 14 West Virginia Commission for the Deaf and Hard-of-Hearing

§ 5-14-1 Legislative findings.

§ 5-14-2 Definitions.

§ 5-14-3 Continuation of commission; membership.

§ 5-14-4 Terms of office; quorum.

§ 5-14-5 Powers and duties of the commission; information clearinghouse; coordination of interpreters; outreach programs; seminars and training sessions.

§ 5-14-6 Seminars and training sessions.

§ 5-14-7 Assistance of other agencies.

§ 5-14-8 Executive director; staff.

§ 5-14-9 Reports and recommendations.

§ 5-14-10 Grants and gifts; contracts.

§ 5-14-11 Reimbursement for expenses.

§ 5-14-12

Article 14A West Virginia Interpreter for the Deaf Act

§ 5-14A-1 Short title.

§ 5-14A-2 Definitions.

§ 5-14A-3 Appointment of interpreter in court action or grand jury proceeding.

§ 5-14A-4 Arrests -- Appointment of an interpreter.

§ 5-14A-5 Administrative proceedings -- Appointment of interpreter.

§ 5-14A-6 Notice of necessity of interpreter -- Proof of deafness.

§ 5-14A-7 Processing request for interpreter -- Duties and responsibilities.

§ 5-14A-8 Confirmation of accuracy of interpretation.

§ 5-14A-9 Interpreter fee; authority for legislative rules.

Article 15 White Cane Law

§ 5-15-1 Short title.

§ 5-15-2 Policy.

§ 5-15-3 Definitions.

§ 5-15-4 Equal right to use public facilities; service animals and trainers.

§ 5-15-5 Standard of care to be exercised by and with respect to persons who are blind or who have a disability.

§ 5-15-6 Annual proclamation of white cane day.

§ 5-15-7 Policy of the state on employment of persons who are blind or persons with disabilities.

§ 5-15-8 Interference with rights hereunder; penalties.

§ 5-15-9 Fraudulent representation; penalties.

Article 16 West Virginia Public Employees Insurance Act

§ 5-16-1 Short title; legislative intent.

§ 5-16-2 Definitions.

§ 5-16-3 Composition of Public Employees Insurance Agency.

§ 5-16-4 Public Employees Insurance Agency Finance Board.

§ 5-16-4a

§ 5-16-5 Powers and duties of the finance board.

§ 5-16-5a Retiree premium subsidy from Retiree Health Benefit Trust for hires prior to July 1, 2010.

§ 5-16-5b Creation of trust for retirees hired on or after July 1, 2010.

§ 5-16-6

§ 5-16-7 Authorization to establish plans; mandated benefits; optional plans; separate rating for claims experience purposes.

§ 5-16-7a Additional mandated benefits; third party reimbursement for colorectal cancer examination and laboratory testing.

§ 5-16-7b Coverage for telehealth services.

§ 5-16-7c Required coverage for reconstruction surgery following mastectomies.

§ 5-16-7d Coverage for patient cost of clinical trials.

§ 5-16-7e Definitions.

§ 5-16-7f Prior authorization.

§ 5-16-7g Coverage for prescription insulin drugs.

§ 5-16-7h Patient-centered treatment flexibility.

§ 5-16-8 Conditions of insurance program.

§ 5-16-8a Air-ambulance fees.

§ 5-16-8b Required coverage for scalp cooling system for cancer chemotherapy treatment.

§ 5-16-9 Authorization to execute contracts.

§ 5-16-10 Contract provisions for group hospital and surgical, group major medical, group prescription drug and group life, and accidental death insurance for retired employees, their spouses, and dependents.

§ 5-16-11 To whom benefits paid.

§ 5-16-12 Misrepresentation by employer, employee or provider; penalty.

§ 5-16-12a Inspections; violations and penalties.

§ 5-16-12b Privileges and immunity.

§ 5-16-13 Payment of costs by employer and employee; spouse and dependent coverage; involuntary employee termination coverage; conversion of annual leave and sick leave authorized for health or retirement benefits; authorization for retiree participation; continuation of health insurance for surviving dependents of deceased employees; requirement of new health plan; limiting employer contribution.

§ 5-16-14 Program qualifying for favorable federal income tax treatment.

§ 5-16-15 Optional dental, optical, disability, and prepaid retirement plan, and audiology and hearing-aid service plan.

§ 5-16-16 Preferred provider plan.

§ 5-16-17 Preexisting conditions not covered; defined.

§ 5-16-18 Payment of costs by employer; schedule of insurance; special funds created; duties of Treasurer with respect thereto.

§ 5-16-19 Authorization to take advantage of acts of congress, accept gifts, grants and matching funds.

§ 5-16-20 Expense fund.

§ 5-16-21 No member or employee of public employees insurance agency shall gain directly or indirectly from any contract or contracts provided for hereunder; criminal penalties.

§ 5-16-22 Permissive participation; exemptions.

§ 5-16-23 Members of Legislature may be covered if cost of the entire coverage is paid by such members.

§ 5-16-24 Rules for administration of article; eligibility of certain retired employees and dependents of deceased members for coverage; employees on medical leave of absence entitled to coverage; life insurance.

§ 5-16-24a Paper transactions.

§ 5-16-25 Reserve fund.

§ 5-16-26 Quarterly report.

§ 5-16-27

§ 5-16-28 Incorporation of the coverage for 12-month refill for contraceptive drugs.

§ 5-16-29 Limitation on PEIA participation.

§ 5-16-30 PEIA solvency.

§ 5-16-31 PEIA actuarial study.

§ 5-16-32 Effective date of amendments.

Article 16A The West Virginia Health Care Insurance Act

§ 5-16A-1 to 5-16A-11.

Article 16B West Virginia Children's Health Insurance Program

§ 5-16B-1 Expansion of health care coverage to children; continuation of program; legislative directives.

§ 5-16B-2 Definitions.

§ 5-16B-3 Reporting requirements.

§ 5-16B-4 Children's health policy advisory board created; qualifications and removal of members; powers; duties; meetings; and compensation.

§ 5-16B-4a

§ 5-16B-5 Director of the Children’s Health Insurance Program; qualifications; powers and duties.

§ 5-16B-6 Financial plans requirements.

§ 5-16B-6a Required coverage for patient cost of clinical trials and autism spectrum disorder treatment.

§ 5-16B-6b Definitions.

§ 5-16B-6c Modified benefit plan for children of families of low income between two hundred and three hundred percent of the poverty level.

§ 5-16B-6d Modified benefit plan implementation.

§ 5-16B-6e Coverage for treatment of autism spectrum disorders.

§ 5-16B-7 West Virginia children's health fund.

§ 5-16B-8 Termination and reauthorization.

§ 5-16B-9 Public-private partnerships.

§ 5-16B-10 Assignment of rights; right of subrogation by children's health insurance agency to the rights of recipients of medical assistance; rules as to effect of subrogation.

Article 16C Prescription Drug Cost Management Act

§ 5-16C-1 Legislative findings; purpose; short title.

§ 5-16C-2 Definitions.

§ 5-16C-3 Finance board responsibilities for review and approval of certain contracts.

§ 5-16C-4 Authorization to execute prescription drug purchasing agreements.

§ 5-16C-5 Authorization to amend existing contracts.

§ 5-16C-6 Authorization to execute pharmacy benefit management contract.

§ 5-16C-7 Exemption from Purchasing Division requirements.

§ 5-16C-8 Audit required; reports.

§ 5-16C-9 Innovative strategies.

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Article 16D West Virginia Retirement Health Benefit Trust Fund

§ 5-16D-1 Definitions.

§ 5-16D-2 Creation of West Virginia Retiree Health Benefit Trust Fund.

§ 5-16D-3 Operation of trust fund.

§ 5-16D-4 Actuary.

§ 5-16D-5 Operational control of trust fund.

§ 5-16D-6 Mandatory employer contributions.

§ 5-16D-7 Select Committee on Other Post-Employment Benefits.

Article 17 West Virginia Commission on Energy, Economy and Environment

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Article 18 West Virginia Cable Television Systems Act

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Article 18A Tenants' Rights to Cable Services

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Article 19 Domestic Aluminum, Glass and Steel in Public Works Projects

§ 5-19-1 Definitions.

§ 5-19-2 Preference for domestic aluminum, glass and steel products; mandatory contract provisions; exceptions.

§ 5-19-3 Contract payments; recovery in cases of violation of article.

§ 5-19-4 Bid or offered price of steel products of foreign origin.

Article 20 The Governor's Commission on Willow Island

§ 5-20-1 Legislative findings, purposes and intent.

§ 5-20-2 Governor’s commission on Willow Island continued; composition; appointment of members.

§ 5-20-3 Powers of the commission.

§ 5-20-4 Compensation and expenses of members; expenses of the commission.

§ 5-20-5 Executive sessions authorized; demand to be heard in open hearing.

§ 5-20-6 Immunity granted to commission members.

§ 5-20-7 Privilege granted to commission findings, reports and evidence.

§ 5-20-8 Reports of the commission; termination of commission.

§ 5-20-9 Interpretation of section.

Article 21 Energy Cost Reduction Guidelines

§ 5-21-1 Definitions.

§ 5-21-2 Establishment of energy cost reduction guidelines; certification; training.

§ 5-21-3 Advisory commission.

§ 5-21-4 Exemptions.

§ 5-21-5 Effective date of guidelines on permit applications.

Article 22 Government Construction Contracts

§ 5-22-1 Bidding required; government construction contracts to go to lowest qualified responsible bidder; procedures to be followed in awarding government construction projects; penalties for violation of procedures and requirements debarment; exceptions.

§ 5-22-1a Permitting government construction contracts arising out of declared states of emergency on open-ended quantity or unit price basis; types of contracts allowed for construction projects; specific location of construction project not required in solicitation; certain bonds discretionary; other bidding requirements applicable.

§ 5-22-2 Designation of time and place for opening of bids; right to reject or withdraw bid; bid resubmission; bid validity date.

§ 5-22-3 Certain labor requirements not to be imposed on contractor or subcontractor.

§ 5-22-4 Negotiation when all bids exceed budgeted amount.

Article 22A Design-Build Procurement Act

§ 5-22A-1 Short title; applicability of article.

§ 5-22A-2 Definitions.

§ 5-22A-3 Public policy; conditions for contract.

§ 5-22A-4 Design-Build Board and members; appointments; expense reimbursement; meetings.

§ 5-22A-5 Duties of board to approve and monitor projects.

§ 5-22A-6 Design-build rules.

§ 5-22A-7 Design-builder qualifications; duties and powers.

§ 5-22A-8 Development of performance criteria.

§ 5-22A-9 Scope of project.

§ 5-22A-9a Invitation for qualifications; selection of design-builders.

§ 5-22A-10 Invitation for proposals.

§ 5-22A-11 Proposals.

§ 5-22A-12 Acceptance of design-build proposal.

§ 5-22A-13 Construction and final certification.

§ 5-22A-14 Withdrawal of proposals.

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§ 5-22A-16 Severability.

Article 22B Government Construction Management at-Risk Contracts

§ 5-22B-1 Short title; applicability of article.

§ 5-22B-2 Definitions.

§ 5-22B-3 Authorization of construction management at-risk contracts for public construction projects.

§ 5-22B-4 Construction management at-risk contract required procedures.

§ 5-22B-5 Evaluation committee.

§ 5-22B-6 Request for qualifications phase.

§ 5-22B-7 Prequalified firms.

§ 5-22B-8 Request for proposal phase.

§ 5-22B-9 Proposal format.

§ 5-22B-10 Determination of best value.

§ 5-22B-11 Evaluation of proposals; selection of construction managers.

§ 5-22B-12 Criteria for evaluation.

§ 5-22B-13 Amendments to construction management at-risk contract after acceptance.

§ 5-22B-14 Public records.

§ 5-22B-15 No effect on bonding and insurance requirements.

§ 5-22B-16 Specialty maintenance projects.

§ 5-22B-17 Rulemaking.

§ 5-22B-18 Reporting.

§ 5-22B-19 Sunset date.

Article 23 Commission on Mass Transportation

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Article 24 West Virginia Forest Management Review Commission

§ 5-24-1 Short title.

§ 5-24-2 Legislative findings, purposes and intent.

§ 5-24-3 Commission continued; composition; appointment of members.

§ 5-24-4 Powers, duties and responsibilities.

§ 5-24-5 Appalachian hardwood research center; creation; duties; responsibilities.

§ 5-24-6 Compensation and expenses of members; expenses of the commission.

§ 5-24-7 Reports.

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Article 25 Resident Trustee Accounts

§ 5-25-1 Resident trustee accounts required, reports.

§ 5-25-2 Management accounting system required.

§ 5-25-3 Money not part of state fund.

§ 5-25-4 Resident trustee accounts claim against the state.

Article 26 Herbert Henderson Office on Minority Affairs

§ 5-26-1 Herbert Henderson Office of Minority Affairs; duties and responsibilities.

§ 5-26-2 Minority Affairs Fund created; purpose.

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§ 5-26-3 Establishment of a community-based pilot project.

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Article 26A West Virginia Commission for National and Community Service

§ 5-26A-1 Findings, purposes and intent.

§ 5-26A-2 Continuation of West Virginia commission for national and community service; support and assistance to commission.

§ 5-26A-3 Members.

§ 5-26A-4 Duties and responsibilities.

§ 5-26A-5 Powers.

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Article 27 Severability

§ 5-27-1 Severability.

Article 28 Commission on Holocaust Education

§ 5-28-1 Legislative findings.

§ 5-28-2 Commission on holocaust education; compensation.

§ 5-28-3 Commission powers and duties.

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Article 29 Expeditious Issuance of Licenses by Regulatory Agencies

§ 5-29-1 Purpose of article.

§ 5-29-2 Regulatory agencies to study expedited permits, licenses and certificates; reports to the Legislature.

Article 30 Rosters of Individuals Authorized to Practice Professions, Occupations, and Trades

§ 5-30-1 Purpose of article.

§ 5-30-2 Roster of licensed, registered, or certified practitioners to be made available to the public; exception.

Article 31 The West Virginia First Foundation

§ 5-31-1 Legislative findings.

§ 5-31-2 Definitions.

§ 5-31-3 West Virginia First Foundation.

§ 5-31-4 West Virginia First Foundation Board composition; executive director.

§ 5-31-5 Audits and annual reports.

Article 32 Sex Definitions and Preservation of Single-Sex Spaces

§ 5-32-1 Purpose and general application.

§ 5-32-2 Findings.

§ 5-32-3 Definitions of terms used in the code and Code of State Rules.

§ 5-32-4 Sex-based protections permitted and standard of review.

§ 5-32-5 Safety and privacy in domestic violence shelters.

§ 5-32-6 Safety and privacy in restrooms of public schools and state institutions of higher education.

§ 5-32-7 Safety and privacy in correctional institutions.

§ 5-32-8 Promoting accuracy in sex-based data collection.

§ 5-32-9 Severability.

Article 33 Equal Treatment by Executive Branch Act of 2025

§ 5-33-1 Legislative findings.

§ 5-33-2 Definitions.

§ 5-33-3 Prohibition.

Full text is available per section.