Terms Used In South Carolina Code > Title 1 > Chapter 1 > Article 13 - Reports to Governor or General Assembly

• 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
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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
• 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.
• 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.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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
• Dependent: A person dependent for support upon another.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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
• 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
• 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
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• 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}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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
• 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
• Individual: means one human being. See South Carolina Code 2-17-10
• Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.
• 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 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
• Lien: A claim against real or personal property in satisfaction of a debt.
• 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
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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.
• 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
• 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.
• 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
• Personal property: All property that is not real property.
• 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.
• 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 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.
• 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.
• 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
• Statute: A law passed by a legislature.
• 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
• 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.
• 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.
• 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