Terms Used In West Virginia Code > Chapter 8 > Article 32 - Intergovernmental Relations - Contributions to or Involvement With Nonstock, Nonprofit Corporations or Health Institutions for Public Purposes

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Agency: means any department, office, commission, board, or other unit, however designated, of the executive branch of state government. See West Virginia Code 5A-8-3
• Agency Records Manager: means an employee appointed by the agency's chief executive officer or agency head to manage the agency's records inventory and to act as liaison with the administrator. See West Virginia Code 5A-8-3
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Buyer: means a person who buys or contracts to buy goods. See West Virginia Code 46-2-103
• Candidate: shall mean any person to be voted for at an election. See West Virginia Code 3-1-2
• Charter: shall mean , except where specific reference is made to a particular type of charter, either a special legislative charter (whether or not amended under the provisions of former §. See West Virginia Code 8-1-2
• City: is a word of art and shall mean, include, and be limited to any Class I, Class II, and Class III city, as classified in section three of this article (except in those instances where the context in which used clearly indicates that a particular class of city is intended), heretofore or hereafter incorporated as a municipal corporation under the laws of this state, however created and whether operating under: (i) A special legislative charter. See West Virginia Code 8-1-2
• Code: shall mean the Code of West Virginia, 1931, as heretofore and hereafter amended. See West Virginia Code 8-1-2
• Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
• Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See West Virginia Code 46-2-106
• Conviction: A judgement of guilt against a criminal defendant.
• County commission: shall mean the governmental body created by section 22, article eight of the Constitution of this state, or any existing tribunal created in lieu of a county commission. See West Virginia Code 8-1-2
• County court: includes any existing tribunal created in lieu of a county commission. See West Virginia Code 2-2-10
• Cyber incident: means any event that threatens the security, confidentiality, integrity, or availability of information assets, information systems, or the networks that deliver the information. See West Virginia Code 5A-6B-2
• Cyber risk assessment: means the process of identifying, analyzing and evaluating risk and applying the appropriate security controls relevant to the information custodians. See West Virginia Code 5A-6B-2
• Cyber risk management service: means technologies, practices and policies that address threats and vulnerabilities in networks, computers, programs and data, flowing from or enabled by connection to digital infrastructure, information systems or industrial control systems, including, but not limited to, information security, supply chain assurance, information assistance and hardware or software assurance. See West Virginia Code 5A-6B-2
• Cybersecurity framework: means computer technology security guidance for organizations to assess and improve their ability to prevent, detect, and respond to cyber incidents. See West Virginia Code 5A-6B-2
• cybersecurity incident: means a violation, or imminent threat of violation, of computer security policies, acceptable use policies, or standard security practices. See West Virginia Code 5A-6C-1
• Cybersecurity Office: means the office created by §. See West Virginia Code 5A-6C-1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Director: means the director of the information services and communications division. See West Virginia Code 5A-7-1
• Disaster: means any occurrence of fire, flood, storm, earthquake, explosion, epidemic, riot, sabotage, or other condition of extreme peril resulting in substantial damage or injury to persons or property within this state, whether such occurrence is caused by an act of God, nature, or man, including an enemy of the United States. See West Virginia Code 5A-8-3
• Division: means the Information Services and Communications Division established in section two hereof. See West Virginia Code 5A-7-1
• Election: shall mean the procedure whereby the voters of this state or any subdivision thereof elect persons to fill public offices, or elect members of a Constitutional convention, or vote on public questions. See West Virginia Code 3-1-2
• Enterprise: means the collective departments, agencies and boards within state government that provide services to citizens and other state entities. See West Virginia Code 5A-6B-2
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Freeholder: shall mean any person (and in the case of an individual one who is sui juris and is not under a legal disability) owning a "freehold interest in real property". See West Virginia Code 8-1-2
• Governing body: shall mean the mayor and council together, the council, the board of directors, the commission, or other board or body of any municipality, by whatever name called, as the case may be, charged with the responsibility of enacting ordinances and determining the public policy of such municipality. See West Virginia Code 8-1-2
• Information custodian: means a department, agency or person that has the actual custody of, or is responsible for the accountability for a set of data assets. See West Virginia Code 5A-6B-2
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Office: shall be construed to mean "public office" which shall include (1) any elective office provided for by the Constitution or laws of the United States or of this state to which a salary or other compensation attaches, and (2) membership in a Constitutional convention. See West Virginia Code 3-1-2
• Ordinance: shall mean the ordinances and laws enacted by the governing body of a municipality in the exercise of its legislative power, and in one or more articles of this chapter, ordinances enacted by a county commission. See West Virginia Code 8-1-2
• Person: shall mean any individual, firm, partnership, corporation, company, association, joint-stock association, or any other entity or organization of whatever character or description. See West Virginia Code 8-1-2
• Plan of action and milestones: means a remedial plan, or the process of accepting or resolving risk, which helps the information custodian to identify and assess information system security and privacy weaknesses, set priorities and monitor progress toward mitigating the weaknesses. See West Virginia Code 5A-6B-2
• present sale: means a sale which is accomplished by the making of the contract. See West Virginia Code 46-2-106
• Preservation duplicate: means a copy of an essential state record which is used for the purpose of preserving such state record pursuant to this article. See West Virginia Code 5A-8-3
• Privacy impact assessment: means a procedure or tool for identifying and assessing privacy risks throughout the development life cycle of a program or system. See West Virginia Code 5A-6B-2
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: include lands, tenements and hereditaments, all rights thereto and interests therein, except chattel interests. See West Virginia Code 2-2-10
• Record: means document, electronic file, book, paper, photograph, sound recording, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official state government business. See West Virginia Code 5A-8-3
• Recorder: shall mean the recorder, clerk, or other municipal officer, by whatever name called, charged with the responsibility of keeping the journal of the proceedings of the governing body of the municipality and other municipal records. See West Virginia Code 8-1-2
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Secretary: means the secretary of the Department of Administration. See West Virginia Code 5A-7-1
• Security controls: means safeguards or countermeasures to avoid, detect, counteract or minimize security risks to physical property, information, computer systems or other assets. See West Virginia Code 5A-6B-2
• Seller: means a person who sells or contracts to sell goods. See West Virginia Code 46-2-103
• State record: means :

  (A) A record of a department, office, commission, board, spending unit, or other agency, however designated, of the state government. See West Virginia Code 5A-8-3

• Town: includes a city, village or town, and the word "council" any body or board, whether composed of one or more branches, which is authorized to make ordinances for the government of a city, town, or village. See West Virginia Code 2-2-10
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trustee: A person or institution holding and administering property in trust.
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Voter: shall mean any person who possesses the statutory and Constitutional qualifications for voting. See West Virginia Code 3-1-2