18-11C-1 Definitions
18-11C-2 Findings
18-11C-3 Board authorized to contract with corporation; description to be met by corporation
18-11C-3a Description to be met by the West Virginia health system
18-11C-4 Agreement; required provisions
18-11C-5 Exemption from certain requirements; audit
18-11C-6 Conflicts of interest; statement; penalties
18-11C-7 No waiver of sovereign immunity
18-11C-8 Not obligation of the state
18-11C-8a Agreements subject to other provisions of law
18-11C-9 Sections and provisions severable
18-11C-10 Liberal construction

Terms Used In West Virginia Code > Chapter 18 > Article 11C

  • 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.
  • Agreement: means the long-term lease and agreement to be entered into between the board and the corporation pursuant to section four of this article. See West Virginia Code 18-11C-1
  • Assets: means all assets of the board constituting tangible and intangible personal property credited to the hospital on the financial ledgers and equipment inventories of the university at the transfer date, and as more particularly or additionally identified or supplemented in the agreement, excluding all hospital funds deposited with the State Treasurer. See West Virginia Code 18-11C-1
  • board: means a county board of education. See West Virginia Code 18-1-1
  • board of trustees: means the West Virginia University board of Governors. See West Virginia Code 18-11C-1
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: means the nonstock, not-for-profit corporation to be established under the general corporation laws of the state, which meets the description prescribed by section three of this article. See West Virginia Code 18-11C-1
  • Corporation employees: means employees of the corporation. See West Virginia Code 18-11C-1
  • Directors: means the board of directors of the corporation. See West Virginia Code 18-11C-1
  • District: means county school district. See West Virginia Code 18-1-1
  • Ex officio: Literally, by virtue of one's office.
  • Existing facilities: means the West Virginia University hospital and clinics, other than those used for student health and family practice, presently existing at the West Virginia University medical center in Morgantown and owned and operated by the board. See West Virginia Code 18-11C-1
  • Health science schools: means the schools of medicine, dentistry, pharmacy and nursing and any other schools at the university considered by the board to be health sciences. See West Virginia Code 18-11C-1
  • Hospital: means the inpatient and outpatient health care services of the board, other than those used for student health services and family practice clinics, operated in connection with the university, consisting of the existing facilities and any other health care service components of the West Virginia University medical center at Morgantown rendering patient care services and more particularly identified by the agreement. See West Virginia Code 18-11C-1
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • laws of the state: includes the Constitution of West Virginia and the Constitution of the United States, and treaties and laws made in pursuance thereof. See West Virginia Code 2-2-10
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: means all liabilities, except those specifically excluded by section four of this article, credited to the hospital on the financial ledgers of the university at the transfer date and as more particularly or additionally identified, supplemented or limited in the agreement. See West Virginia Code 18-11C-1
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • New facilities: means a new hospital facility and out-patient clinics, appurtenant facilities, equipment and necessary services to be acquired, built, operated or contracted for by the corporation on property leased from the board within Monongalia County, West Virginia, pursuant to the agreement. See West Virginia Code 18-11C-1
  • oath: shall be deemed to include an affirmation and the word "swear" or "sworn" to be complied with if the person referred to make solemn affirmation. See West Virginia Code 2-2-7
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • personal property: include goods, chattels, real and personal, money, credits, investments and the evidences thereof. See West Virginia Code 2-2-10
  • real property: include lands, tenements and hereditaments, all rights thereto and interests therein except chattel interests. See West Virginia Code 2-2-10
  • 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.
  • School: means the students and teachers assembled in one or more buildings, organized as a unit. See West Virginia Code 18-1-1
  • state: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • system: means the nonstock, not-for-profit corporation to be established under the general corporation laws of the state, which meets the description set forth in section three-a of this article. See West Virginia Code 18-11C-1
  • Transfer date: means July 1, 1984, or any later date agreed upon by the board and the corporation and filed with the Secretary of State. See West Virginia Code 18-11C-1
  • University: means West Virginia University. See West Virginia Code 18-11C-1
  • University personnel: means those employees of the board or the university for whose services the corporation contracts with the board or the university, as appropriate. See West Virginia Code 18-11C-1