2006 Code of Virginia § 23-38.89 - Definitions

23-38.89. Definitions.

As used in this chapter, the following terms have the following meanings,unless the context requires otherwise:

"Bonds, notes or other obligations" means bonds, notes, commercial paper,bond anticipation notes, revenue certificates, capital leases, leaseparticipation certificates or other evidences of indebtedness or deferredpurchase financing arrangements.

"Capital project" means the acquisition of any interest in land, includingimprovements on the acquired land, either new construction of 5,000 squarefeet or more or new construction costing $1 million or more, improvements orrenovations costing $1 million or more, or capital leases.

"Covered Employee" means any person who is employed by a coveredinstitution on either a salaried or wage basis.

"Covered institution" means, on and after its effective date of the initialManagement Agreement, a public institution of higher education of theCommonwealth that has entered into a management agreement with theCommonwealth to be governed by the provisions of Subchapter 3 ( 23-38.91 etseq.) of this chapter.

"Enabling legislation" means those chapters, other than this chapter, ofTitle 23, as amended, creating, continuing, or otherwise setting forth thepowers, purposes, and missions of the individual public institutions ofhigher education of the Commonwealth, and as provided in 2.2-2817.2,2.2-2905, 51.1-126.3, and 51.1-1100 in the case of the University of VirginiaMedical Center, unless otherwise expressly provided in this subchapter.

"Facilities" means all property or rights in property, real and personal,tangible and intangible, including but not limited to all facilities andinfrastructure suitable for supporting a covered institution's mission andancillary activities and including any and all structures, buildings,improvements, additions, extensions, replacements, appurtenances, lands,rights in land, furnishings, landscaping, approaches, roadways, and otherrelated and supporting facilities, now or hereafter held, possessed, owned,leased, operated, or used, in whole or in part, by a covered institution.

"Management agreement" means an agreement required by subsection D of 23-38.88 between the Commonwealth and a public institution of highereducation seeking to become governed by Subchapter 3 ( 23-38.91 et seq.) ofthis chapter.

"Project" means any research programs and any research or educationalfacility of an institution governed by Subchapter 3 ( 23-38.91 et seq.) ofthis chapter or equipment necessary or convenient to or consistent with thepurposes of such institution, whether or not owned by the institution,including, without limitation, research, training, teaching, dormitory, andclassroom facilities; all related and supporting facilities, and equipmentnecessary or desirable in connection therewith or incidental thereto; orequipment alone; and also including, without limitation, office, parking,kitchen, laundry, laboratory, wellness, pharmaceutical, administrative,communications, computer, and recreational and athletic facilities; hotelsand related facilities; power plants and equipment; storage space; hospitals;nursing homes; continuing care facilities; self-care facilities; healthmaintenance centers; medical office facilities; clinics; outpatient clinics;surgical centers; alcohol, substance abuse, and drug treatment centers;laboratories; sanitariums; hospices; facilities for the residence or care ofthe elderly, the handicapped, or the chronically ill; residential facilitiesfor nurses, interns, and physicians; other kinds of facilities for thetreatment of sick, disturbed, or infirm persons or the prevention of diseaseor maintenance of health; colleges, schools, or divisions offeringundergraduate, graduate, professional, or extension programs, or anycombination of such programs, for such branches of learning as may beappropriate; vehicles and other transportation equipment, together withmobile medical facilities; air transport equipment, including equipmentnecessary or desirable for the transportation of medical equipment, medicalpersonnel or patients; and all lands, buildings, improvements, approaches,and appurtenances necessary or desirable in connection with or incidental toany such program, facility or equipment.

"Public institution of higher education" means a two-year or four-yearpublic institution of higher education.

"Virginia Retirement System" means that retirement system, or otherauthorized retirement system, established pursuant to Title 51.1.

(2005, cc. 933, 945.)

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