Terms Used In West Virginia Code > Chapter 1 > Article 2 - Apportionment of Representation

• Abuse or neglect of an incapacitated adult: means "abuse" "neglect" and "incapacitated adult" as those terms are defined in §. See West Virginia Code 15-2C-1
• Adult receiving behavioral health services: means a person over the age of 18 years who is receiving any behavioral health service from a licensed behavioral health provider or any behavioral health provider whose services are paid for, in whole or in part, by Medicaid or Medicare. See West Virginia Code 15-2C-1
• 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 the West Virginia State Police. See West Virginia Code 15-2-25b
• Allegation: something that someone says happened.
• Amortization: Paying off a loan by regular installments.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Beneficiary: means a surviving spouse or other surviving beneficiary who is entitled to, or will be entitled to, an annuity or other benefit payable by the fund. See West Virginia Code 15-2-25b
• Board: means the West Virginia Consolidated Public Retirement Board created pursuant to §. See West Virginia Code 15-2-25b
• Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
• Certain limited items: means personal grooming and hygiene products, food and beverages, convenience items, and items bearing the State Police emblem or other insignia that are necessary for training purposes. See West Virginia Code 15-2E-1
• child abuse or neglect: means those terms as defined in §. See West Virginia Code 15-2C-1
• Civil Air Patrol leave: means leave requested by an employee who:

  (A) Is a volunteer member of the civilian auxiliary of the United States Air Force known as the Civil Air Patrol. See West Virginia Code 15-1K-2

• CODIS: includes the National DNA Index System administered and operated by the Federal Bureau of Investigation. See West Virginia Code 15-2B-3
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Conviction: includes convictions by a jury or court, guilty plea, or plea of nolo contendere. See West Virginia Code 15-2B-3
• Criminal justice agency: means an agency or institution of a federal, state, or local government, other than the office of public defender, which performs as part of its principal function the apprehension, investigation, prosecution, adjudication, incarceration, supervision, or rehabilitation of criminal offenders. See West Virginia Code 15-2B-3
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Dependent child: means any unmarried child or children born to or adopted by a member of the fund who is:

  (1) Under the age of 18. See West Virginia Code 15-2-25b

• Dependent parent: means the member's parent or stepparent claimed as a dependent by the member for federal income tax purposes at the time of the member's death. See West Virginia Code 15-2-25b
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: means the West Virginia State Police. See West Virginia Code 15-2B-3
• DNA: means deoxyribonucleic acid. See West Virginia Code 15-2B-3
• DNA record: means DNA identification information stored in any state DNA database pursuant to this article. See West Virginia Code 15-2B-3
• DNA sample: means a tissue, fluid, or other bodily sample, suitable for testing, provided pursuant to this article or submitted to the division laboratory for analysis pursuant to a criminal investigation. See West Virginia Code 15-2B-3
• Donee: The recipient of a gift.
• Donor: The person who makes a gift.
• Emergency mission: means an Air Force assigned mission under which the West Virginia wing of the Civil Air Patrol conducts operations. See West Virginia Code 15-1K-2
• Employee: means any individual who performs services for, or under the control of, a provider of wages or remuneration. See West Virginia Code 15-1K-2
• Employee: means any person regularly employed in the service of the agency as a law-enforcement officer before March 12, 1994, and who is eligible to participate in the fund. See West Virginia Code 15-2-25b
• Employee benefits: means all benefits other than wages given by an employer. See West Virginia Code 15-1K-2
• Employer: means any person or entity that employs more than fifteen employees. See West Virginia Code 15-1K-2
• Employer error: means an omission, misrepresentation or deliberate act in violation of relevant provisions of the West Virginia Code or of the West Virginia Code of State Regulations or the relevant provisions of both the West Virginia Code and of the West Virginia Code of State Regulations by the participating public employer that has resulted in an underpayment or overpayment of contributions required. See West Virginia Code 15-2-25b
• 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}
• Ex officio: Literally, by virtue of one's office.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• FBI: means the Federal Bureau of Investigation. See West Virginia Code 15-2B-3
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• 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
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• home care services: means services provided to children or incapacitated adults or adults receiving behavioral health services in the home through a hospice provider, a community care provider, a home health agency, through the Medicaid waiver program, or through any person when that service is reimbursable under the state Medicaid program. See West Virginia Code 15-2C-1
• 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}
• Interim plan: means the plan used currently by the Federal Bureau of Investigation for Partial Match Protocol and to be adopted under the management rules of this article. See West Virginia Code 15-2B-3
• Law-enforcement officer: means an individual employed or otherwise engaged in either a public or private position which involves the rendition of services relating to enforcement of federal, state or local laws for the protection of public or private safety, including, but not limited to, positions as deputy sheriffs, police officers, marshals, bailiffs, court security officers or any other law-enforcement position which requires certification, but excluding positions held by elected sheriffs or appointed chiefs of police whose duties are determined by the board to be purely administrative in nature. See West Virginia Code 15-2-25b
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Management rules: means the rules promulgated by the West Virginia State Police that define all policy and procedures in the administration of this article. See West Virginia Code 15-2B-3
• Member: means any person who has contributions standing to his or her credit in the fund and who has not yet entered into retirement status. See West Virginia Code 15-2-25b
• Misappropriation of property: means any act which is a crime against property under §. See West Virginia Code 15-2C-1
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• of equal actuarial value: means a benefit of equal value computed upon the basis of the mortality table and interest rates as set and adopted by the retirement board in accordance with the provisions of this article: Provided, That when used in the context of compliance with the federal maximum benefit requirements of section 415 of the Internal Revenue Code, "actuarially equivalent" shall be computed using the mortality tables and interest rates required to comply with those requirements. See West Virginia Code 15-2-25b
• Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
• Oversight: Committee review of the activities of a Federal agency or program.
• Partial match: means that two DNA profiles, while not an exact match, share a sufficient number of characteristics to indicate the possibility of a biological relationship. See West Virginia Code 15-2B-3
• Partially disabled: means an employee's inability, on a probable permanent basis, to perform the essential duties of a law-enforcement officer by reason of any medically determinable physical or mental impairment which has lasted or can be expected to last for a continuous period of not less than 12 months, but which impairment does not preclude the employee from engaging in other types of nonlaw-enforcement employment. See West Virginia Code 15-2-25b
• Physical or mental impairment: means an impairment that results from an anatomical, physiological or psychological abnormality that is demonstrated by medically accepted clinical and laboratory diagnostic techniques. See West Virginia Code 15-2-25b
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Post exchange: means a particular area located at the State Police academy where certain limited items are offered for sale. See West Virginia Code 15-2E-1
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Qualified entity: means any business, agency, or organization that provides care, treatment, education, training, instruction, supervision, or recreation for children, the elderly, or individuals with disabilities and is a public, private, or not-for-profit entity within the State of West Virginia and meets the definition of qualified entity under the federal National Child Protection Act of 1993. See West Virginia Code 15-2C-1
• Qualifying offense: means any felony offense as described in §. See West Virginia Code 15-2B-3
• Quorum: The number of legislators that must be present to do business.
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• region: as used in this article , shall mean a specific metropolitan interstate area designated by the proper federal agency pursuant to the "Demonstration Cities and Metropolitan Development Act of 1966" and any amendments thereto, as well as all other interstate areas which would benefit from cooperative planning. See West Virginia Code 8-26-2
• Registering agency: means the West Virginia State Police. See West Virginia Code 15-2B-3
• registry: means the registry created by this article which contains the names of individuals who have been convicted of a felony or a misdemeanor offense constituting abuse, neglect, or misappropriation of the property of a child or an incapacitated adult or an adult receiving behavioral health services. See West Virginia Code 15-2C-1
• Requester: means the West Virginia Department of Education, any residential care facility, any state licensed day care center, any qualified entity as defined in this section, or any provider of home care services or an adult receiving behavioral health services, providing to the Central Abuse Registry the name of an individual and other information necessary to identify that individual, and either: (1) Certifying that the individual is being considered for employment or service as a volunteer by the requester or for a contractual relationship with the requester where the individual will provide services to a child or an incapacitated adult or an adult receiving behavioral health services for compensation. See West Virginia Code 15-2C-1
• required beginning date: means April 1 of the calendar year following the later of: (i) The calendar year in which the member attains age 70. See West Virginia Code 15-2-45
• Residential care facility: means any facility where a child or an incapacitated adult or an adult receiving behavioral health services resides which is subject to registration, licensure, or certification by the Department of Health and Human Resources, and includes nursing homes, personal care homes, residential board and care homes, adult family care homes, group homes, legally unlicensed service providers, residential child care facilities, family based foster care homes, specialized family care homes, and intermediate care facilities for the mentally retarded. See West Virginia Code 15-2C-1
• retiree: means any former member who is receiving an annuity payable by the fund. See West Virginia Code 15-2-25b
• 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.
• Summons: Another word for subpoena used by the criminal justice system.
• Superintendent: means the superintendent of State Police as established in section two, article two of this chapter. See West Virginia Code 15-2E-1
• Surviving spouse: means the person to whom the member was legally married at the time of the member's death and who survived the member. See West Virginia Code 15-2-25b
• system: means the West Virginia State Police Death, Disability and Retirement Fund. See West Virginia Code 15-2-25b
• Totally disabled: means an employee's probable permanent inability to engage in substantial gainful activity by reason of any medically determined physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months. See West Virginia Code 15-2-25b
• Training: means and includes instruction for members of the State Police, county sheriffs and deputies, municipal police, law-enforcement officers employed by the Division of Natural Resources, and other persons employed by state or local governmental units charged with enforcing state or local laws, regardless of the length of instruction. See West Virginia Code 15-2E-1
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.