Article 1 Jurisdiction and Boundaries of State
Article 3 Executive Department
Article 7 Public Employment
Article 9 State Emblems, Pledge to State Flag, Official Observances
Article 11 Census
Article 13 Reports to Governor or General Assembly
Article 15 Reporting of Expenditures of State Appropriated Funds, Personal Data and the Like
Article 19 Salaries of State Officers
Article 20 Reporting and Records of State Boards and Commissions Membership
Article 21 Workplace Domestic Violence Policy
Article 23 Repeal of Joint Resolution Calling for Balanced Federal Budget; Disavowal of Calls for Constitutional Convention
Article 25 Video Conferencing
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Terms Used In South Carolina Code > Title 1 > Chapter 1 - General Provisions

  • Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
  • Actuarial accrued liability: means that portion, as determined by a particular actuarial cost method, of the actuarial present value of fund obligations and administrative expenses which is not provided for by future normal costs. See South Carolina Code 1-11-703
  • Actuarial assumptions: means assumptions regarding the occurrence of future events affecting costs of the SCRHI Trust Fund or LTDI Trust Fund such as mortality, withdrawal, disability, and retirement; changes in compensation; aging effects and cost trends for post-employment benefits; benefit election rates; rates of investment earnings and asset appreciation or depreciation; procedures used to determine the actuarial value of assets; and other such relevant items. See South Carolina Code 1-11-703
  • Actuarial cost method: means a method for determining the actuarial present value of the obligations and administrative expenses of the SCRHI Trust Fund or LTDI Trust Fund and for developing an actuarially equivalent allocation of such value to time periods, usually in the form of a normal cost and an actuarial-accrued liability. See South Carolina Code 1-11-703
  • Actuarial valuation: means the determination, as of a valuation date, of the normal cost, actuarial accrued liability, actuarial value of assets, and related actuarial present values for the SCRHI Trust Fund or LTDI Trust Fund. See South Carolina Code 1-11-703
  • Actuarially sound: means that calculated contributions to the SCRHI Trust Fund or LTDI Trust Fund are sufficient to pay the full actuarial cost of these trust funds. See South Carolina Code 1-11-703
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administrative expenses: means all expenses incurred in the operation of the SCRHI Trust Fund and LTDI Trust Fund, including all investment expenses. See South Carolina Code 1-11-703
  • Administrative law judge: means a judge of the South Carolina Administrative Law Court created pursuant to § 1-23-500. See South Carolina Code 1-23-505
  • 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.
  • 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.
  • Agency: means an authority, board, branch, commission, committee, department, division, or other instrumentality of the executive department of state government, including administrative bodies and bodies corporate and politic established as an instrumentality of the State. See South Carolina Code 1-6-10
  • Agency: includes a body corporate and politic established as an instrumentality of the State. See South Carolina Code 2-2-10
  • Agency: means any state office, department, institution, board, commission, council, committee, or other entity of the executive, judicial, or legislative branch. See South Carolina Code 2-65-15
  • Agency: means a state agency, department, board, or commission whose action is the subject of a contested case hearing or an appellate proceeding heard by an administrative law judge, or a public hearing on a proposed regulation presided over by an administrative law judge. See South Carolina Code 1-23-505
  • Agreement: shall mean contract and shall include renewals and alterations of a contract;

    (2) "Political subdivision" shall mean any agency or unit of this State, corporate or otherwise, which is authorized to levy taxes or empowered to cause taxes to be levied;

    (3) "Services" shall mean such public and municipal functions as are performed for property in and persons residing within a political subdivision; and

    (4) "Project" shall mean any reforestation project, resettlement project or rural rehabilitation project for resettlement purposes of the United States located within a political subdivision and shall include the persons inhabiting such project. See South Carolina Code 3-7-110
  • Allegation: something that someone says happened.
  • 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.
  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • 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
  • Appropriations act: means the annual general appropriations act. See South Carolina Code 2-65-15
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attack: means any action or series of actions taken by an enemy of the United States resulting in substantial damage or injury to persons or property in this State whether through sabotage, bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or methods. See South Carolina Code 2-5-20
  • Attack: means any attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or processes. See South Carolina Code 1-9-20
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • 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.
  • Bequest: Property gifted by will.
  • Block grant: means federal funds distributed to the State in accordance with a statutory formula for use in a variety of activities within a broad functional area. See South Carolina Code 2-65-15
  • Board: means the Executive Budget Office. See South Carolina Code 2-65-15
  • Board: means the Board of Directors of the South Carolina Public Employee Benefit Authority. See South Carolina Code 1-11-703
  • Building code: means building, electrical, plumbing, mechanical, gas, or fire codes which are part of the International Building Code series or Standard Building Code series, as published, promulgated, or made available by the Southern Building Code Congress International, Inc. See South Carolina Code 1-34-20
  • Business relationship: means dealings of a person with an agency seeking, obtaining, establishing, maintaining, or implementing:

    (a) a pecuniary interest in a contract or purchase with the agency; or

    (b) a license or permit requiring the exercise of judgment or discretion by the agency. See South Carolina Code 1-6-10
  • Capital offense: A crime punishable by death.
  • 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.
  • Chambers: A judge's office.
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Class of property: means property classified for property tax purposes as provided pursuant to Section 1, Article X of the Constitution of this State and as further permitted in § 12-43-220. See South Carolina Code 4-10-720
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
  • Conference report: The compromise product negotiated by the conference committee. The "conference report" is submitted to each chamber for its consideration, such as approval or disapproval.
  • Contested case: means a proceeding including, but not restricted to, ratemaking, price fixing, and licensing, in which the legal rights, duties, or privileges of a party are required by law or by Article I, Section 22, Constitution of the State of South Carolina, 1895, to be determined by an agency or the Administrative Law Court after an opportunity for hearing. See South Carolina Code 1-23-505
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • Covered agency actions: means the proposal, drafting, development, consideration, amendment, withdrawal, or promulgation of a regulation under Article 1, Chapter 23 of Title 1 of the 1976 Code. See South Carolina Code 2-17-10
  • Covered gubernatorial actions: means :

    (a) gubernatorial approval or veto of legislation;

    (b) gubernatorial consideration or issuance of any executive order;

    (c) gubernatorial consideration or making of any appointment; or

    (d) gubernatorial consideration of or the decision to award any grant derived from federal or other funds or from any source. See South Carolina Code 2-17-10
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Demand reduction: means providing available National Guard personnel, equipment, support, and coordination to federal, state, local, and civic organizations and agencies for the purposes of the prevention of drug abuse and the reduction in the demand for illegal drugs. See South Carolina Code 1-3-490
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • 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:
  • Docket: A log containing brief entries of court proceedings.
  • Drug interdiction and counterdrug activities: means the use of National Guard personnel, while not in federal service, in law enforcement support activities that are intended to reduce the supply or use of illegal drugs in the United States. See South Carolina Code 1-3-490
  • Economic interest: means an interest distinct from that of the general public in a purchase, sale, lease, contract, option, or other transaction or arrangement involving property or services in which a public official or public employee may gain an economic benefit of fifty dollars or more. See South Carolina Code 2-17-10
  • EIP: means the office of the South Carolina Public Employee Benefit Authority designated by the board to operate insurance programs pursuant to this article. See South Carolina Code 1-11-703
  • Emergency interim successor: means a person designated pursuant to this article, in the event the officer is unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the Constitution, statutes, charters and ordinances or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office. See South Carolina Code 1-9-20
  • Employee: includes an individual who contracts with an agency for personal services. See South Carolina Code 1-6-10
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • 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
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • 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.
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Expenditure: means a purchase, payment, loan, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit, transfer of funds, gift of money or anything of value for any purpose, and a payment to a lobbyist for compensation, for expenses, or lobbying, including the direct payment of expenses incurred at the request or suggestion of a lobbyist. See South Carolina Code 2-17-10
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • 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.
  • Family member: means an individual who is:

    (a) the spouse, parent, brother, sister, child, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, or grandchild; or

    (b) a member of the individual's immediate family. See South Carolina Code 2-17-10
  • Federal funds: means financial assistance made to a state agency by the United States Government in any form including, but not limited to, a grant, loan, subsidy, reimbursement, contract, donation, or shared federal revenues, or noncash federal assistance in the form of equipment, buildings, and land. See South Carolina Code 2-65-15
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • 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.
  • Fraud: Intentional deception resulting in injury to another.
  • 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
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • 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.
  • IBNR: means unpaid health claims incurred but not reported. See South Carolina Code 1-11-703
  • Immediate family: means :

    (a) a child residing in a public official's or public employee's household;

    (b) a spouse of a public official or public employee; or

    (c) an individual claimed by the public official or public employee or the public official's or public employee's spouse as a dependent for income tax purposes. See South Carolina Code 2-17-10
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Income: means the receipt or promise of any consideration, whether or not legally enforceable, including attorney's fees attributable to lobbying. See South Carolina Code 2-17-10
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Indirect costs: means those costs of supportive services within an agency or provided by another agency which benefit more than one program and which may be charged to federal programs in accordance with Office Management and Budget Circular A-87 or A-21. See South Carolina Code 2-65-15
  • Individual: means one human being. See South Carolina Code 2-17-10
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Investigating committee: means any standing committee or subcommittee of a standing committee exercising its authority to conduct an oversight study and investigation of an agency within the standing committee's subject matter jurisdiction. See South Carolina Code 2-2-10
  • 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.
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.
  • Latest edition: means latest complete edition officially published, adopted, or approved by the organization which issued the nationally recognized code. See South Carolina Code 1-34-20
  • 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
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Legislation: means :

    (a) bills, resolutions, amendments, reports, legislative acts, vetoes, nominations, rules, and regulations pending or proposed in either the House or Senate;

    (b) any other matter which may be the subject of action by either house; or

    (c) the appointment of committees of conference and free conference by the Speaker of the House of Representatives or the President of the Senate. See South Carolina Code 2-17-10
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Legislative special interest caucus: means two or more legislators who seek to be affiliated based upon a special interest. See South Carolina Code 2-17-10
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: includes the whole or part of any agency permit, franchise, certificate, approval, registration, charter, or similar form of permission required by law, but it does not include a license required solely for revenue purposes;

    (5) "Party" means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party;

    (6) "Person" means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency. See South Carolina Code 1-23-310
  • License: includes the whole or part of any agency permit, franchise, certificate, approval, registration, charter, or similar form of permission required by law, but does not include a license required solely for revenue purposes. See South Carolina Code 1-23-505
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Lobbying: means promoting or opposing through direct communication with public officials or public employees:

    (a) the introduction or enactment of legislation before the General Assembly or the committees or members of the General Assembly;

    (b) covered gubernatorial actions;

    (c) covered agency actions; or

    (d) consideration of the election or appointment of an individual to a public office elected or appointed by the General Assembly. See South Carolina Code 2-17-10
  • Lobbyist: means any person who is employed, appointed, or retained, with or without compensation, by another person to influence by direct communication with public officials or public employees: (i) the action or vote of any member of the General Assembly, the Governor, the Lieutenant Governor, or any other statewide constitutional officer concerning any legislation; (ii) the vote of any public official on any state agency, board, or commission concerning any covered agency actions; or (iii) the action of the Governor or any member of his executive staff concerning any covered gubernatorial actions. See South Carolina Code 2-17-10
  • LTDI Trust Fund: means the Long Term Disability Insurance Trust Fund established pursuant to § 1-11-707 to fund benefits under the state's Basic Long Term Disability (BLTD) Income Benefit Plan. See South Carolina Code 1-11-703
  • Major federal program: means a program which:

    (a) represents a transfer of program responsibility from the federal to the state level;

    (b) is available to the State on a noncompetitive basis;

    (c) is financially significant in relation to its proportion of the administering agency's budget. See South Carolina Code 2-65-15
  • Matching funds: means a specific amount of general fund or other funds monies identified by a state agency, and required by the federal government, as a cash contribution for a federal program. See South Carolina Code 2-65-15
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • municipality: shall mean an incorporated city or town, irrespective of its population;

    (2) The term "municipal council" shall mean the governing body of any incorporated city or town;

    (3) The term "corporate purpose" shall denote any public purpose, necessary or convenient to the welfare of the municipality and shall include the funding of existing indebtedness, evidenced otherwise than by bonds of the municipality; and

    (4) The word "commissioners" shall mean the commissioners of public works or the board of public works or other body established by law and given the power of operating any waterworks system, electric light system, sewage system or other municipal utility. See South Carolina Code 5-21-220
  • municipality: shall mean an incorporated city or town, irrespective of its population;

    (2) The term "municipal council" shall mean the governing body of any incorporated city or town; and

    (3) The word "assessments" shall denote such sums as may be due to the municipality by reason of improvements to streets and sidewalks, in the nature of roadway paving, sidewalk paving, the installation of curbs, the installation of gutters, the installation of storm drains or sewers, the paving of sidewalk or roadway intersections, street lighting or any other improvement for which such municipality shall be authorized to pay, in whole or in part, through the means of assessments against the real property benefited thereby. See South Carolina Code 5-21-620
  • Mutual assistance and support agreement: means an agreement between the National Guard of this State and one or more law enforcement agencies or between the National Guard of this State and the National Guard of one or more other states, consistent with the purposes of this compact. See South Carolina Code 1-3-490
  • Nationally recognized code: means all building codes or standards. See South Carolina Code 1-34-20
  • 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.
  • Oath: A promise to tell the truth.
  • 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.
  • Office: includes all State and local offices, the powers and duties of which are defined by the Constitution, statutes, charters, and ordinances, except the office of Governor, and except those in the General Assembly and the judiciary. See South Carolina Code 1-9-20
  • Office: means the Revenue and Fiscal Affairs Office. See South Carolina Code 1-23-10
  • Official: means the appointed, elected, or designated representative of an agency, institution, or organization authorized to conduct those activities for which support is requested. See South Carolina Code 1-3-490
  • Official capacity: means activities which:

    (a) arise because of the position held by the public official or public employee;

    (b) involve matters which fall within the official responsibility of the agency, the public official, or the public employee; and

    (c) are services the agency would normally provide and for which the public official or public employee would be subject to expense reimbursement by the agency with which the public official or public employee is associated. See South Carolina Code 2-17-10
  • Operating account: means the health insurance program's business operating activities account maintained by the State Treasurer in which are deposited all premiums for enrollees in self-funded health plans authorized in this article, along with employer contributions for active employees covered by such self-funded health plans, and from which claims and administrative expenses of the self-funded health and dental plans administered by the employee insurance program are paid. See South Carolina Code 1-11-703
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Other funds: means any revenues received by an agency which are not federal funds and are not general funds appropriated by the General Assembly in the appropriations act. See South Carolina Code 2-65-15
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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.
  • Party: means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party. See South Carolina Code 1-23-505
  • Party state: means a state that has lawfully enacted this compact. See South Carolina Code 1-3-490
  • Person: means :

    (a) an individual, labor union and organization, joint apprenticeship committee, partnership, association, corporation, legal representative, mutual company, joint-stock company, trust, unincorporated organization, trustee, trustee in bankruptcy, receiver, or other legal or commercial entity located in part or in whole in the State or doing business in the State;

    (b) the State and any agency or local subdivision of an agency; or

    (c) a political subdivision. See South Carolina Code 1-6-10
  • Person: means an individual, a partnership, committee, an association, a corporation, labor organization, or any other organization or group of persons. See South Carolina Code 2-17-10
  • Person: means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency. See South Carolina Code 1-23-505
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Political subdivision: includes a county, city, municipality, town, village, township, district, authority, special purpose district, school district, other local government entity, or other public corporation or entity whether organized and existing under charter or general law. See South Carolina Code 1-6-10
  • Political subdivision: includes counties, cities, towns, villages, townships, districts, authorities, and other public corporations and entities whether organized and existing under charter or general law. See South Carolina Code 1-9-20
  • Political subdivision: means a county, or a school district located wholly or partly within a county area, or both the county and a school district so located. See South Carolina Code 4-10-720
  • 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.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Program evaluation report: means a report compiled by an agency at the request of an investigating committee that may include, but is not limited to, a review of agency management and organization, program delivery, agency goals and objectives, compliance with its statutory mandate, and fiscal accountability. See South Carolina Code 2-2-10
  • Promulgation: means final agency action to enact a regulation after compliance with procedures prescribed in this article. See South Carolina Code 1-23-10
  • Property tax: means all property tax millage imposed for operating purposes by a political subdivision. See South Carolina Code 4-10-720
  • Property tax liability: means the amount of tax due as a result of the imposition of property tax. See South Carolina Code 4-10-720
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public body: means the General Assembly, the Executive Office of the Governor, any department of the State, or any state board, commission, agency, or authority, including committees of any such body, by whatever name known. See South Carolina Code 2-17-10
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public employee: means any person employed by the State. See South Carolina Code 2-17-10
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public official: means any elected or appointed official of the State, including candidates for any such state office. See South Carolina Code 2-17-10
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • regulation: includes general licensing criteria and conditions and the amendment or repeal of a prior regulation, but does not include descriptions of agency procedures applicable only to agency personnel; opinions of the Attorney General; decisions or orders in rate making, price fixing, or licensing matters; awards of money to individuals; policy statements or rules of local school boards; regulations of the National Guard; decisions, orders, or rules of the Board of Probation, Parole, and Pardon Services; orders of the supervisory or administrative agency of a penal, mental, or medical institution, in respect to the institutional supervision, custody, control, care, or treatment of inmates, prisoners, or patients; decisions of the governing board of a university, college, technical college, school, or other educational institution with regard to curriculum, qualifications for admission, dismissal and readmission, fees and charges for students, conferring degrees and diplomas, employment tenure and promotion of faculty and disciplinary proceedings; decisions of the Human Affairs Commission relating to firms or individuals; advisory opinions of agencies; and other agency actions relating only to specified individuals. See South Carolina Code 1-23-10
  • 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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Request for information: means a list of questions that an investigating committee serves on a department or agency under investigation. See South Carolina Code 2-2-10
  • Requesting state: means the state whose governor requested assistance in the area of counterdrug activities. See South Carolina Code 1-3-490
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Responding state: means the state furnishing assistance, or requested to furnish assistance, in the area of counterdrug activities. See South Carolina Code 1-3-490
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • RFA: means the Revenue and Fiscal Affairs Office. See South Carolina Code 4-10-720
  • SCRHI Trust Fund: means the South Carolina Retiree Health Insurance Trust Fund established pursuant to § 1-11-705 to fund the employer cost for health benefits for retired state employees and retired public school district employees. See South Carolina Code 1-11-703
  • Service of process: The service of writs or summonses to the appropriate party.
  • 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.
  • small business: means a commercial retail service, industry entity, or nonprofit corporation, including its affiliates, that:

    (1) is, if a commercial retail service or industry service, independently owned and operated; and

    (2) employs fewer than one hundred full-time employees or has gross annual sales or program service revenues of less than five million dollars. See South Carolina Code 1-23-270
  • Standard: means building, energy, electrical, plumbing, mechanical, gas, or fire standards published by organizations including the American National Standards Institute, the American Society of Mechanical Engineers, the American Standard Testing Materials Institute, and the National Fire Protection Association if the standard is referenced by any other statute or regulation. See South Carolina Code 1-34-20
  • Standing committee: means a permanent committee with a regular meeting schedule and designated subject matter jurisdiction that is authorized by the Rules of the Senate or the Rules of the House of Representatives. See South Carolina Code 2-2-10
  • State: means each of the several states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States. See South Carolina Code 1-3-490
  • State agency: means each state board, commission, department, executive department or officer, other than the legislature, the courts, the South Carolina Tobacco Community Development Board, or the Tobacco Settlement Revenue Management Authority, authorized by law to make regulations or to determine contested cases;

    (2) "Document" means a regulation, notice or similar instrument issued or promulgated pursuant to law by a state agency;

    (3) "Person" means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than an agency;

    (4) "Regulation" means each agency statement of general public applicability that implements or prescribes law or policy or practice requirements of any agency. See South Carolina Code 1-23-10
  • State health and dental plans: means any insurance program administered by the employee insurance program pursuant to this article. See South Carolina Code 1-11-703
  • State officer: means any of the following:

    (a) the Governor;

    (b) the Lieutenant Governor;

    (c) the Secretary of State;

    (d) the State Comptroller General;

    (e) the State Treasurer;

    (f) the Attorney General;

    (g) the Superintendent of Education;

    (h) the Commissioner of Agriculture; or

    (i) the Adjutant General. See South Carolina Code 1-6-10
  • State Retirement Systems: means all retirement systems established pursuant to Title 9 except for the National Guard Retirement System. See South Carolina Code 1-11-703
  • State-covered entity: means state agencies and institutions, however described, and school districts. See South Carolina Code 1-11-703
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Substantial economic impact: means a financial impact upon:

    (a) commercial enterprises;

    (b) retail businesses;

    (c) service businesses;

    (d) industry;

    (e) consumers of a product or service;

    (f) taxpayers; or

    (g) small businesses as defined in § 1-23-270. See South Carolina Code 1-23-10
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • thing of value: means :

    (i) a pecuniary item, including money, a bank bill, or a bank note;

    (ii) a promissory note, bill of exchange, an order, a draft, warrant, check, or bond given for the payment of money;

    (iii) a contract, agreement, promise, or other obligation for an advance, a conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money;

    (iv) a stock, bond, note, or other investment interest in an entity;

    (v) a receipt given for the payment of money or other property;

    (vi) a chose-in-action;

    (vii) a gift, tangible good, chattel, or an interest in a gift, tangible good, or chattel;

    (viii) a loan or forgiveness of indebtedness;

    (ix) a work of art, an antique, or a collectible;

    (x) an automobile or other means of personal transportation;

    (xi) real property or an interest in real property, including title to realty, a fee simple or partial interest in realty including present, future, contingent, or vested interests in realty, a leasehold interest, or other beneficial interest in realty;

    (xii) an honorarium or compensation for services;

    (xiii) a promise or offer of employment;

    (xiv) any other item that is of pecuniary or compensatory worth to a person. See South Carolina Code 2-17-10
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • 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.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust fund paid premiums: means the employer premium for state health and dental plans coverage paid by the SCRHI Trust Fund on behalf of a retiree. See South Carolina Code 1-11-703
  • Trustee: A person or institution holding and administering property in trust.
  • Unavailable: means absent from the place of session (other than on official business of the General Assembly), or unable, for physical, mental or legal reasons, to exercise the powers and discharge the duties of a member of the General Assembly, whether or not such absence or inability would give rise to a vacancy under existing constitutional or statutory provisions. See South Carolina Code 2-5-20
  • Unavailable: means either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office (including any deputy exercising the powers and discharging the duties of an office because of a vacancy) and his duly authorized deputy are absent or unable to exercise the powers and discharge the duties of the office. See South Carolina Code 1-9-20
  • Unfunded actuarial accrued liability: means for any actuarial valuation the excess of the actuarial accrued liability over the actuarial value of the assets of the fund under an actuarial cost method utilized by the fund for funding purposes. See South Carolina Code 1-11-703
  • 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
  • Verdict: The decision of a petit jury or a judge.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Voice vote: A vote in which the Presiding Officer states the question, then asks those in favor and against to say "Yea" or "Nay," respectively, and announces the result according to his or her judgment. The names or numbers of legisators voting on each side are not recorded.
  • Voluntary membership organization: means an organization composed of persons who are members thereof on a voluntary basis and who, as a condition of membership, are required to make regular payments to the organization. See South Carolina Code 2-17-10
  • Wrongdoing: means action by an agency which results in substantial abuse, misuse, destruction, or loss of substantial public funds or public resources. See South Carolina Code 1-6-10