Terms Used In West Virginia Code > Chapter 19 > Article 23 > Part VII - Taxation of Horse and Dog Racing Andpari-Mutuel Wagering; Disposition of Revenues

• Accredited thoroughbred horse: means a thoroughbred horse that is registered with the West Virginia Thoroughbred Breeders Association and that is:

  (A) Foaled in West Virginia. See West Virginia Code 19-23-3

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• 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.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicant: means any racing association making application for a license under the provisions of this article or any person making application for a permit under the provisions of this article or any person making application for a construction permit under the provisions of this article. See West Virginia Code 19-23-3
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
• Authority: means the Tobacco Settlement Finance Authority created in this article. See West Virginia Code 4-11A-7
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Board: means the governing board of the authority. See West Virginia Code 4-11A-7
• Bonds: means bonds, notes and other obligations and financing arrangements issued or entered into by the authority pursuant to this article. See West Virginia Code 4-11A-7
• Code: means the Code of West Virginia, 1931, as heretofore and hereinafter amended. See West Virginia Code 19-23-3
• Complementary legislation: means article nine-d, chapter . See West Virginia Code 4-11A-7
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Dog racing: means any type of dog racing, including, but not limited to, greyhound racing. See West Virginia Code 19-23-3
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fund: means the West Virginia Thoroughbred Development Fund established in section thirteen-b of this article. See West Virginia Code 19-23-3
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Laws of the state: includes the Constitution of the State 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: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means the license required by the provisions of section one of this article. See West Virginia Code 19-23-3
• Licensee: means any racing association holding a license required by the provisions of section one of this article and issued under the provisions of this article. See West Virginia Code 19-23-3
• Lien: A claim against real or personal property in satisfaction of a debt.
• Master settlement agreement: means the master settlement agreement as defined in section one of this article. See West Virginia Code 4-11A-7
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Net proceeds: means the amount of proceeds remaining following each sale of bonds which are not required by the authority to establish and fund reserve funds, to fund an operating expense reserve for the authority, to fund capitalized interest, if any, and to pay the costs of issuance and other expenses and fees related to the authorization and issuance of bonds. See West Virginia Code 4-11A-7
• Notes: means notes, warrants, loan agreements and all other forms of evidence of indebtedness authorized under this article. See West Virginia Code 4-11A-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.
• Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
• Pari-mutuel: means a mutuel or collective pool that can be divided among those who have contributed their wagers to one central agency, the odds to be reckoned in accordance to the collective amounts wagered upon each contestant running in a horse or dog race upon which the pool is made, but the total to be divided among the first three contestants on the basis of the number of wagers on these. See West Virginia Code 19-23-3
• Permit: means the permit required by the provisions of section two of this article. See West Virginia Code 19-23-3
• Permit holder: means any person holding a permit required by the provisions of section two of this article and issued under the provisions of this article. See West Virginia Code 19-23-3
• person: means any individual, partnership, firm, association, corporation or other entity or organization of whatever character or description. See West Virginia Code 19-23-3
• Personal property: All property that is not real property.
• personal property: includes goods, chattels, real and personal, money, credits, investments, and the evidences thereof. See West Virginia Code 2-2-10
• Pool: means a combination of interests in a joint wagering enterprise or a stake in such enterprise. See West Virginia Code 19-23-3
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Purse: means any purse, stake or award for which a horse or dog race is run. See West Virginia Code 19-23-3
• Qualified investments: means investments of the authority authorized pursuant to this article as established by the authority pursuant to subdivision (11), subsection (a), section eleven of this article. See West Virginia Code 4-11A-7
• Qualifying statute: has the meaning given that term in the master settlement agreement, constituting article nine-b, chapter . See West Virginia Code 4-11A-7
• Quorum: The number of legislators that must be present to do business.
• Racing commission: means the West Virginia Racing Commission. See West Virginia Code 19-23-3
• Registered greyhound owner: means an owner of a greyhound that is registered with the National Greyhound Association. See West Virginia Code 19-23-3
• 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.
• Sales agreement: means any agreement authorized pursuant to this article in which the state provides for the sale of all or a portion of the state'. See West Virginia Code 4-11A-7
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• 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
• Statute: A law passed by a legislature.
• Stewards: means the steward or stewards representing the Racing Commission, the steward or stewards representing a licensee and any other steward or stewards whose duty it is to supervise any horse or dog race meeting, all as may be provided by reasonable rules of the Racing Commission which rules shall specify the number of stewards to be appointed, the method and manner of their appointment and their powers, authority and duties. See West Virginia Code 19-23-3
• Summons: Another word for subpoena used by the criminal justice system.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.