Terms Used In South Carolina Code > Title 33 > Chapter 42 - Uniform Limited Partnership Act

• Abortion: means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child. See South Carolina Code 44-41-10
• Abortion: means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the unborn child. See South Carolina Code 44-41-610
• Accident and health insurance: means insurance of human beings against death or personal injury by accident, and each insurance of human beings against sickness, ailment, and any type of physical disability resulting from accident or disease, and prepaid dental service, but not including coverages required by the Workers' Compensation Law of this State. See South Carolina Code 38-1-20
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Administrator: means the person who is responsible for the administration of the service contracts or the service contracts plan or who is responsible for any filings required by this chapter. See South Carolina Code 38-78-20
• Admitted assets: means assets of an insurer considered admitted on the most recent statutory financial statement of the insurer filed with the department pursuant to § 38-13-80. See South Carolina Code 38-1-20
• Adult: means an individual who is at least eighteen years of age. See South Carolina Code 44-43-305
• 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.
• Affected land: means :
  
  (a) the area of land from which overburden or minerals have been removed or upon which overburden has been deposited, or both, including an area on which a plant is located which is an integral part of the process of the removal of ores or mineral solids from natural deposits; or
  
  (b) stockpiles and settling ponds located on or adjacent to lands from which overburden or minerals have been removed. See South Carolina Code 48-20-40
• 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.
• Affiliation period: means a period which, under the terms of the health insurance coverage offered by a health maintenance organization, must expire before the health insurance coverage becomes effective. See South Carolina Code 38-74-10
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agent: means an individual:
  
  (a) authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or
  
  (b) expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. See South Carolina Code 44-43-305
• Allegation: something that someone says happened.
• Allowable costs: means costs to a disposal site operator of operating a regional disposal facility. See South Carolina Code 48-46-30
• 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.
• Amortization: Paying off a loan by regular installments.
• Anatomical gift: means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education. See South Carolina Code 44-43-305
• 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.
• Applicant: means :
  
  (a) in the case of an individual long term care insurance policy the person who seeks to contract for benefits; and
  
  (b) in the case of a group long term care insurance policy, the proposed certificate holder. See South Carolina Code 38-72-40
• Applicant: means any person who files an application for a permit under the provisions of this chapter. See South Carolina Code 48-39-10
• Applicant: means a person who is believed to have intellectual disability, one or more related disabilities, one or more head injuries, one or more spinal cord injuries, or an infant at high risk of a developmental disability who has applied for services of the South Carolina Department of Disabilities and Special Needs. See South Carolina Code 44-20-30
• Appointment: means an individual designated by an official or authorized representative of an authorized insurer to act on its behalf as a producer. See South Carolina Code 38-1-20
• Appraisal: A determination of property value.
• 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
• Approval: means a permit, license, or other approval issued by the department under South Carolina environmental law. See South Carolina Code 48-56-20
• Approved forest management plan: shall mean a forest management plan approved by the State Forester for an eligible landowner. See South Carolina Code 48-28-30
• Approved practices: shall mean those silvicultural practices approved by the State Forester for the purpose of commercially growing timber through the establishment of forest stands or of ensuring the proper regeneration of forest stands to commercial production levels following the harvest of timber. See South Carolina Code 48-28-30
• 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.
• Atlantic Compact: means the Northeast Interstate Low-Level Radioactive Waste Management Compact as defined in the "Omnibus Low-Level Radioactive Waste Compact Consent Act of 1985" Public Law 99-240, Title II. See South Carolina Code 48-46-30
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• 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.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beach renourishment: means the artificial establishment and periodic renourishment of a beach with sand that is compatible with the existing beach in a way so as to create a dry sand beach at all stages of the tide, as described in § 48-39-270, to include where considered appropriate and necessary by the office, groin construction and maintenance to extend the life of such projects. See South Carolina Code 48-40-20
• Beaches: means those lands subject to periodic inundation by tidal and wave action so that no nonlittoral vegetation is established. See South Carolina Code 48-39-10
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Beneficiary: has the meaning given under Section 3(8) of the Employee Retirement Income Security Act of 1974. See South Carolina Code 38-74-10
• Board: means the board of directors of the pool. See South Carolina Code 38-74-10
• Board: means the board of the department. See South Carolina Code 48-18-20
• Board: means the board of the department. See South Carolina Code 48-39-10
• Bomb: includes a destructive device capable of being detonated, triggered, or set off to release any substance or material that is destructive, irritating, odoriferous, or otherwise harmful to one or more organisms including, but not limited to, human beings, livestock, animals, crops or vegetation, or to earth, air, water, or any other material or substance necessary or required to sustain human or any other individual form of life, or to real or personal property. See South Carolina Code 16-8-10
• CDC: means the Centers for Disease Control of the Public Health Service. See South Carolina Code 44-30-20
• CDC recommendations: means the July 12, 1991, CDC document (MMWR, Volume 40, No. See South Carolina Code 44-30-20
• CDPS: means Coastal Division Permitting Staff. See South Carolina Code 48-39-10
• Certificate: means any certificate issued under a group long term care insurance policy, which policy has been delivered or issued for delivery in this State. See South Carolina Code 38-72-40
• Certificate of insurance: means a memorandum copy, complete or abbreviated, of an insurance contract. See South Carolina Code 38-1-20
• Certificate of limited partnership: means the certificate referred to in § 33-42-210, any certificate of limited partnership filed with the office of the Secretary of State in connection with the formation of a limited partnership under any applicable statute of this State prior to the effective date of this chapter, and any such certificate as amended, or restated. See South Carolina Code 33-42-20
• Certified prescribed fire manager: means an individual who successfully completes a certification program approved by the State Commission of Forestry. See South Carolina Code 48-34-20
• Church plan: has the meaning given the term under Section 3(33) of the Employee Retirement Income Security Act of 1974. See South Carolina Code 38-74-10
• Civil disorder: means a public disturbance involving acts of violence by three or more persons which causes an immediate danger of or results in damage or injury to another person or his property. See South Carolina Code 16-8-10
• Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
• 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.
• Client: is a person who is determined by the Department of Disabilities and Special Needs to have intellectual disability, a related disability, head injury, or spinal cord injury and is receiving services or is an infant at risk of having a developmental disability and is receiving services. See South Carolina Code 44-20-30
• Clinic: shall mean any facility other than a hospital as defined in subsection (d) which has been licensed by the department, and which has also been certified by the department to be suitable for the performance of abortions. See South Carolina Code 44-41-10
• Clinically diagnosable pregnancy: means the point in time when it is possible to determine that a woman is pregnant due to the detectible presence of human chorionic gonadotropin (hCG). See South Carolina Code 44-41-610
• Closure: means the act of rendering a mine facility or portion of a mine facility to an inoperative state that prevents the gradual or sudden release of contaminants that are harmful to the environment. See South Carolina Code 48-20-40
• Coastal waters: means the navigable waters of the United States subject to the ebb and flood of the tide and which are saline waters, shoreward to their mean high-water mark. See South Carolina Code 48-39-10
• Coastal zone: means all coastal waters and submerged lands seaward to the state's jurisdictional limits and all lands and waters in the counties of the State which contain any one or more of the critical areas. See South Carolina Code 48-39-10
• COBRA continuation provision: means :
  
  (a) Part 6 of subtitle B of Title I of the Employee Retirement Income Security Act of 1974, other than Section 609 of the act;
  
  (b) Section 4908B of the Internal Revenue Code of 1986, other than subsection (f)(1) of the section insofar as it relates to pediatric vaccines; or
  
  (c) Title XXII of the Public Health Service Act. See South Carolina Code 38-74-10
• Coinsurance: means a stipulation or requirement that the insured undertakes to be his own insurer to the extent that he fails to maintain insurance of a given percentage of the value of the property against loss or damage. See South Carolina Code 38-1-20
• Commission: means the part of the premium paid to the producer as compensation for his services. See South Carolina Code 38-1-20
• Commission: shall mean the State Commission of Forestry. See South Carolina Code 48-28-30
• Commission: means the South Carolina Commission on Disabilities and Special Needs, the policy-making and governing body of the Department of Disabilities and Special Needs. See South Carolina Code 44-20-30
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• compact commission: means the governing body of the Atlantic Compact, consisting of voting members appointed by the governors of Connecticut, New Jersey, and South Carolina. See South Carolina Code 48-46-30
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conception: means the fertilization of an ovum by a sperm. See South Carolina Code 44-41-10
• Conception: means fertilization of an ovum by sperm. See South Carolina Code 44-41-610
• Consent: means a signed and witnessed voluntary agreement to the performance of an abortion. See South Carolina Code 44-41-10
• conservation district: means a governmental subdivision of the State created pursuant to Chapter 9 of Title 48; and "conservation district board" means the governing body of a soil and water conservation district. See South Carolina Code 48-18-20
• Continuance: Putting off of a hearing ot trial until a later time.
• Contraband: means any real or personal property, including money, that is owned by, in the possession of, or subject to the control of a criminal gang member and which is acquired by, derived from, or traceable to criminal gang activity. See South Carolina Code 16-8-230
• Contraceptive: means a drug, device, or chemical that prevents ovulation, conception, or the implantation of a fertilized ovum in a woman's uterine wall after conception. See South Carolina Code 44-41-610
• Contract: A legal written agreement that becomes binding when signed.
• contract holder: means a person who is the purchaser or holder of a service contract. See South Carolina Code 38-78-20
• Contribution: means any cash, property, services rendered, or a promissory note or other binding obligation to contribute cash or property or to perform services, which a partner contributes to a limited partnership in his capacity as a partner. See South Carolina Code 33-42-20
• Conviction: A judgement of guilt against a criminal defendant.
• Cooperative agreement: means an agreement entered into under § 48-56-30. See South Carolina Code 48-56-20
• 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.
• Cost-sharing payment: shall mean financial assistance to partially cover the cost of implementing approved practices in such amounts as the State Forester shall determine, subject to the limitations of this chapter. See South Carolina Code 48-28-30
• Council: means the Mining Council created by §§ 48-21-10 and 48-21-20. See South Carolina Code 48-20-40
• Council: means the South Carolina Head and Spinal Cord Injury Information System Council established pursuant to this article. See South Carolina Code 44-38-20
• County disabilities and special needs boards: means the local public body administering, planning, coordinating, or providing services within a county or combination of counties for persons with intellectual disability, related disabilities, head injuries, or spinal cord injuries and recognized by the department. See South Carolina Code 44-20-30
• Creditable coverage: means , with respect to an individual, coverage of the individual under:
  
  (a) a group health plan;
  
  (b) health insurance;
  
  (c) Part A or B of Title XVIII of the Social Security Act;
  
  (d) Title XIX of the Social Security Act, other than coverage consisting solely of benefits under Section 1928;
  
  (e) Chapter 55 of Title 10 of the United States Code;
  
  (f) a medical care program of the Indian Health Service or of a tribal organization;
  
  (g) a state health benefits risk pool, including the South Carolina Health Insurance Pool;
  
  (h) a health plan offered under Chapter 89 of Title 5 of the United States Code;
  
  (i) a public health plan, as defined in regulations;
  
  (j) a health benefit plan under Section 5(e) of the Peace Corps Act (22 U. See South Carolina Code 38-74-10
• Criminal gang: means a formal or informal ongoing organization, association, or group that consists of five or more persons who form for the purpose of committing criminal activity and who knowingly and actively participate in a pattern of criminal gang activity. See South Carolina Code 16-8-230
• Criminal gang member: means an individual who is an active member of a criminal gang. See South Carolina Code 16-8-230
• Critical area: means any of the following:
  
  (1) coastal waters;
  
  (2) tidelands;
  
  (3) beaches;
  
  (4) beach/dune system which is the area from the mean high-water mark to the setback line as determined in § 48-39-280. See South Carolina Code 48-39-10
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Decedent: means a deceased individual whose body or part is or may be the source of an anatomical gift. See South Carolina Code 44-43-305
• Decommissioning trust fund: means the trust fund established pursuant to a Trust Agreement dated March 4, 1981, among Chem-Nuclear Systems, Inc. See South Carolina Code 48-46-30
• 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.
• Department: means the Department of Insurance of South Carolina. See South Carolina Code 38-1-20
• Department: means the South Carolina Insurance Department. See South Carolina Code 38-74-10
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-14-20
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-18-20
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-20-40
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-39-10
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-56-20
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-57-20
• Department: means the South Carolina Department of Disabilities and Special Needs. See South Carolina Code 44-20-30
• Department: means the South Carolina Department of Mental Health. See South Carolina Code 44-23-10
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-41-10
• Department: means the South Carolina Department of Health and Environmental Control. See South Carolina Code 44-30-20
• Department: means the Department of Disabilities and Special Needs. See South Carolina Code 44-38-320
• Dependent: A person dependent for support upon another.
• Designated examiner: means a physician licensed by the Board of Medical Examiners of this State or a person registered by the department as specially qualified, under standards established by the department, in the diagnosis of mental or related illnesses. See South Carolina Code 44-23-10
• Designee or deputy director: means the person or persons appointed by the director, serving at the will and pleasure of the director as his designee, to supervise and carry out the functions and duties of the department as provided by law. See South Carolina Code 38-1-20
• Destructive device: means :
  
  (a) a bomb, incendiary device, or any thing that can detonate, explode, be released, or burn by mechanical, chemical, or nuclear means, or that contains an explosive, incendiary, poisonous gas, or toxic substance (chemical, biological, or nuclear materials) including, but not limited to, an incendiary or over-pressure device, or any other device capable of causing damage, injury, or death;
  
  (b) a bacteriological weapon or biological weapon; or
  
  (c) a combination of any parts, components, chemical compounds, or other substances, either designed or intended for use in converting any device into a destructive device which has been or can be assembled to cause damage, injury, or death. See South Carolina Code 16-8-10
• Device: means an object, contrivance, instrument, technique, or means that is designed, manufactured, assembled, or capable of serving any purpose in a bomb, destructive device, explosive, incendiary, or weapon of mass destruction. See South Carolina Code 16-8-10
• Devise: To gift property by will.
• Director: means the person who is appointed by the Governor upon the advice and consent of the Senate and who is responsible for the operation and management of the Department of Insurance, including all of its divisions. See South Carolina Code 38-72-40
• Director: means the person who is appointed by the Governor upon the advice and consent of the Senate and who is responsible for the operation and management of the Department of Insurance, including all of its divisions. See South Carolina Code 38-74-10
• Director: means the Director of the Department of Insurance. See South Carolina Code 38-78-20
• Director: means the South Carolina Director of the Department of Disabilities and Special Needs, the chief executive director appointed by the commission. See South Carolina Code 44-20-30
• Director: means the Director of the South Carolina Department of Mental Health. See South Carolina Code 44-23-10
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Disinterested witness: means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. See South Carolina Code 44-43-305
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Disposal rates: means the price paid by customers of a regional disposal facility for disposal of waste, including any price schedule or breakdown of the price into discrete elements or cost components. See South Carolina Code 48-46-30
• Division: means the Coastal Division of the South Carolina Department of Health and Environmental Control. See South Carolina Code 48-39-10
• Document of gift: means a donor card or other record used to make an anatomical gift. See South Carolina Code 44-43-305
• Donor: The person who makes a gift.
• Donor: means an individual whose body or part is the subject of an anatomical gift. See South Carolina Code 44-43-305
• Donor registry: means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts. See South Carolina Code 44-43-305
• Dredging: means the removal or displacement by any means of soil, sand, gravel, shells, or other material, whether of intrinsic value or not, from any critical area. See South Carolina Code 48-39-10
• Eligible landowner: shall mean a private individual, group, partnership, association, corporation or other legal entity which owns nonindustrial private forest lands capable of producing industrial wood crops. See South Carolina Code 48-28-30
• Eligible lands: shall mean land owned by an eligible landowner. See South Carolina Code 48-28-30
• Emergency: means any unusual incident resulting from natural or unnatural causes which endanger the health, safety, or resources of the residents of the State, including damages or erosion to any beach or shore resulting from a hurricane, storm, or other such violent disturbance. See South Carolina Code 48-39-10
• Employee: has the meaning given the term under Section 3(6) of the Employee Retirement Income Security Act of 1974. See South Carolina Code 38-74-10
• Enrollment date: means , with respect to an individual covered under a group health plan or health insurance coverage, the date of enrollment of the individual in the plan or coverage or, if earlier, the first day of the waiting period for the enrollment. See South Carolina Code 38-74-10
• 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.
• Environmental audit: means a voluntary, internal evaluation or review of one or more facilities or an activity at one or more facilities regulated under federal, state, regional, or local environmental law, or of compliance programs, or management systems related to the facility or activity if designed to identify and prevent noncompliance and to improve compliance with these laws. See South Carolina Code 48-57-20
• Environmental audit report: means a document marked or identified as such with a completion date existing either individually or as a compilation prepared in connection with an environmental audit. See South Carolina Code 48-57-20
• Environmental laws: means all provisions of federal, state, regional, and local laws, regulations, and ordinances pertaining to environmental matters. See South Carolina Code 48-57-20
• Environmental management system: means an organized set of procedures implemented by the owner or operator of a facility that is based on standards issued by the International Organization for Standardization or an alternative management system or program that is acceptable to the South Carolina Environmental Excellence Program and the department and is designed to evaluate the environmental performance of the facility and to achieve measurable or noticeable improvements in that environmental performance through planning and changes in the facility's operations. See South Carolina Code 48-56-20
• 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}
• Erosion: means the wearing away of the ground surface by the action of wind, water, gravity, or any combination thereof. See South Carolina Code 48-18-20
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Estuarine sanctuary: means a research area designated as an estuarine sanctuary by the Secretary of Commerce. See South Carolina Code 48-39-10
• Event of withdrawal of a general partner: means an event that causes a person to cease to be a general partner as provided in § 33-42-620. See South Carolina Code 33-42-20
• 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.
• Executor: A male person named in a will to carry out the decedent
• Expert review panel: means a panel of experts in composition and function as defined in the CDC recommendations and appointed or approved by the department. See South Carolina Code 44-30-20
• Exploration: means the act of breaking the surface soil to determine the location, quantity, or quality of a mineral deposit. See South Carolina Code 48-20-40
• Explorer: means a person engaged in exploration activities, as defined in this section, whether individually, jointly, or through subsidiaries, agents, employees, or contractors. See South Carolina Code 48-20-40
• Explosive: means a chemical compound or other substance or a mechanical system intended for the purpose of producing an explosion capable of causing injury, death, or damage to property or one containing oxidizing and combustible units or other ingredients in such proportions or quantities that ignition, fire, friction, concussion, percussion, or detonation may produce an explosion capable of causing injury, death, or damage to property. See South Carolina Code 16-8-10
• Extended care maintenance fund: means the "escrow fund for perpetual care" that is used for custodial, surveillance, and maintenance costs during the period of institutional control and any post-closure observation period specified by the Department of Health and Environmental Control and for activities associated with closure of the site as provided for in § 13-7-30(4). See South Carolina Code 48-46-30
• Eye bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. See South Carolina Code 44-43-305
• Facility: means any site, including all buildings, equipment, and structures located on a single parcel or on contiguous parcels that are owned or operated by the same person, a manufacturing or natural resource management operation, or any business or local government activity that is regulated under any provision of South Carolina environmental law. See South Carolina Code 48-56-20
• facility: means any hospital, clinic, or other institution maintained by the department. See South Carolina Code 44-23-10
• Facility operator: means a public or private organization, corporation, or agency that operates a regional disposal facility in South Carolina. See South Carolina Code 48-46-30
• Fatal fetal anomaly: means that, in reasonable medical judgment, the unborn child has a profound and irremediable congenital or chromosomal anomaly that, with or without the provision of life-preserving treatment, would be incompatible with sustaining life after birth. See South Carolina Code 44-41-610
• Federally defined eligible individual: means an individual:
  
  (a) for whom, as of the date on which the individual seeks coverage under this chapter, the aggregate of the periods of creditable coverage is eighteen or more months;
  
  (b) whose most recent prior creditable coverage was under a group health plan, governmental plan, or church plan or health insurance coverage offered in connection with one of these plans;
  
  (c) who is not eligible for coverage under a group health plan, part A or part B of Title XVIII of the Social Security Act, or a state plan under Title XIX of the Social Security Act or any successor program and who does not have other health insurance coverage;
  
  (d) with respect to whom the most recent coverage within the period of aggregate creditable coverage was not terminated based on a factor relating to nonpayment of premiums or fraud;
  
  (e) who, if offered the option of continuation coverage under a COBRA continuation provision or under a similar state program, elected the coverage; and
  
  (f) who, if the individual elected the continuation coverage, has exhausted the continuation coverage under the provision or program. See South Carolina Code 38-74-10
• federally tax-qualified long term care insurance contract: means an individual or a group insurance contract that meets the requirements of Section 7702B(b) of the Internal Revenue Code of 1986, as amended, as follows:
  
  (i) the only insurance protection provided under the contract is coverage of qualified long term care services. See South Carolina Code 38-72-40
• Fetal heartbeat: means cardiac activity, or the steady and repetitive rhythmic contraction of the fetal heart, within the gestational sac. See South Carolina Code 44-41-610
• Fiduciary: A trustee, executor, or administrator.
• Firearm: means a weapon which is designed to or readily may be converted to expel a projectile by the action of an explosive, or the frame or receiver of that weapon. See South Carolina Code 16-8-10
• 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.
• Foreign limited partnership: means a partnership formed under the laws of any state other than this State and having as partners one or more general partners and one or more limited partners. See South Carolina Code 33-42-20
• forest fire: as used in this chapter , means any fire burning uncontrolled on any land covered wholly or in part by timber, brush, grass or other inflammable vegetation. See South Carolina Code 48-33-30
• Forest renewal assessment: shall mean an assessment on primary forest products from timber severed in South Carolina for the funding of the provisions of this chapter. See South Carolina Code 48-28-30
• Forest renewal fund: shall mean the special nonlapsing fund provided by § 48-28-100 established in the Commission designated as the forest renewal fund. See South Carolina Code 48-28-30
• 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}
• Fuel: means gas and oil. See South Carolina Code 48-39-10
• Gas: means all natural gas and all other fluid hydrocarbons not hereinabove defined as oil, including condensate because it originally was in the gaseous phase in the reservoir. See South Carolina Code 48-39-10
• General partner: means a person who has been admitted to a limited partnership as a general partner in accordance with the partnership agreement and named in the certificate of limited partnership as a general partner. See South Carolina Code 33-42-20
• Generator: means a person, organization, institution, private corporation, and government agency that produces Class A, B, or C radioactive waste. See South Carolina Code 48-46-30
• Gestational age: means the age of an unborn child as calculated from the first day of the last menstrual period of a pregnant woman. See South Carolina Code 44-41-610
• Gestational sac: means the structure that comprises the extraembryonic membranes that envelop the unborn child and that is typically visible by ultrasound after the fourth week of pregnancy. See South Carolina Code 44-41-610
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governmental plan: has the meaning given the term under Section 3(32) of the Employee Retirement Income Security Act of 1974 and any governmental plan established or maintained for its employees by the government of the United States or by an agency or instrumentality of the government. See South Carolina Code 38-74-10
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Grantor: The person who establishes a trust and places property into it.
• Gravely disabled: means a person who, due to mental illness, lacks sufficient insight or capacity to make responsible decisions with respect to his treatment and because of this condition is likely to cause harm to himself through neglect, inability to care for himself, personal injury, or otherwise. See South Carolina Code 44-23-10
• Group health insurance coverage: means , in connection with a group health plan, health insurance offered by an insurer in connection with the plan. See South Carolina Code 38-74-10
• Group health plan: means an employee welfare benefit plan, as defined in Section 3(1) of the Employee Retirement Income Security Act of 1974, to the extent that the plan provides medical care, including items and services paid for as medical care, to employees or their dependents, as defined under the terms of the plan, directly or through insurance, reimbursement, or otherwise. See South Carolina Code 38-74-10
• Group long term care insurance: means a long term care insurance policy which is delivered or issued for delivery in this State and issued to:
  
  (a) one or more employers or labor organizations, or to a trust or to the trustees of a fund established by one or more employers or labor organizations or a combination thereof, for employees or former employees or a combination thereof, or for members or former members or a combination thereof of the labor organizations; or
  
  (b) any professional, trade, or occupational association for its members or former or retired members or combination thereof if such association:
  
  (i) is composed of individuals all of whom are or were actively engaged in the same profession, trade, or occupation; and
  
  (ii) has been maintained in good faith for purposes other than obtaining insurance; or
  
  (c) an association or to a trust or to the trustee of a fund established, created, or maintained for the benefit of members of one or more associations. See South Carolina Code 38-72-40
• 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.
• Guardian: means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. See South Carolina Code 44-43-305
• Head injury: means an insult to the skull or brain, not of a degenerative or congenital nature, but one caused by an external physical force that may produce a diminished or altered state of consciousness which results in impairment of cognitive abilities or physical functioning and possibly in behavioral or emotional functioning. See South Carolina Code 44-38-20
• Health care professional: means a physician, physician's assistant, dentist, dental hygienist, registered nurse, licensed practical nurse, or podiatrist practicing or licensed to practice in South Carolina. See South Carolina Code 44-30-20
• health insurance coverage: means benefits consisting of medical care provided directly, through insurance or reimbursement, or otherwise and including items and services paid for as medical care under a hospital or medical service policy or certificate, hospital, or medical service plan contract, or health maintenance organization contract offered by an insurer, except:
  
  (a) coverage only for accident or disability income insurance, or any combination thereof;
  
  (b) coverage issued as a supplement to liability insurance;
  
  (c) liability insurance, including general liability insurance and automobile liability insurance;
  
  (d) workers' compensation or similar insurance;
  
  (e) automobile medical payment insurance;
  
  (f) credit-only insurance;
  
  (g) coverage for on-site medical clinics;
  
  (h) other similar insurance coverage, specified in regulations, under which benefits for medical care are secondary or incidental to other insurance benefits;
  
  (i) if offered separately:
  
  (i) limited scope dental or vision benefits;
  
  (ii) benefits for long-term care, nursing home care, home health care, community-based care, or any combination thereof;
  
  (iii) such other similar, limited benefits as are specified in regulations;
  
  (j) if offered as independent, noncoordinated benefits:
  
  (i) coverage only for a specified disease or illness; and
  
  (ii) hospital indemnity or other fixed indemnity insurance;
  
  (k) if offered as a separate insurance policy, coverage supplement to the coverage provided under Chapter 55 of Title 10 of the United States Code. See South Carolina Code 38-74-10
• Health maintenance organization: means an organization as defined in § 38-33-20(7). See South Carolina Code 38-74-10
• Hospital: means an institution operated pursuant to law under the supervision of a staff of duly licensed physicians which is primarily and continuously engaged in providing or operating, either on its premises or in facilities available to the public on a prearranged basis, medical, diagnostic, and major surgical facilities for the medical care and treatment of sick or injured persons on an inpatient basis for which a charge is made and provides twenty-four hour nursing service under the supervision of registered nurses. See South Carolina Code 38-74-10
• Hospital: means a public or private hospital. See South Carolina Code 44-23-10
• Hospital: means those institutions licensed for hospital operation by the department in accordance with Article 3, Chapter 7 of this title and which have also been certified by the department to be suitable facilities for the performance of abortions. See South Carolina Code 44-41-10
• Hospital: means a hospital licensed, accredited, or approved under the laws of this State and includes a hospital operated by the United States or the State or its subdivisions, although not required to be licensed under state law. See South Carolina Code 44-43-305
• Identification card: means an identification card issued by the Department of Motor Vehicles. See South Carolina Code 44-43-305
• Implementing agency: means the department, local government, or conservation district with the responsibility for receiving stormwater management and sediment control plans for review and approval, reviewing plans, issuing permits for land disturbing activities, and conducting inspections and enforcement actions in a specified jurisdiction. See South Carolina Code 48-14-20
• Improvements: means the construction, reconstruction of buildings, and other permanent improvements for regional centers and other programs provided by the department directly or through contract with county boards of disabilities and special needs, including equipment and the cost of acquiring and improving lands for equipment. See South Carolina Code 44-20-30
• In loco parentis: means any person over the age of eighteen who has placed himself or herself in the position of a lawful parent by assuming obligations which are incidental to the parental relationship and has so served for a period of sixty days. See South Carolina Code 44-41-10
• Incendiary: means any material that:
  
  (a) causes, or is capable of causing, fire when it is lit or ignited; and
  
  (b) is used to ignite a flammable liquid or compound in an unlawful manner. See South Carolina Code 16-8-10
• Incendiary device: means a destructive device, however possessed or delivered, and by whatever name called, containing or holding a flammable liquid or compound, which is capable of being ignited by any means possible. See South Carolina Code 16-8-10
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• 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.
• Individual market: means the market for health insurance coverage offered to individuals other than in connection with a group health plan. See South Carolina Code 38-74-10
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Innovative environmental approaches: means procedures, practices, technologies, or systems that are designed to achieve superior environmental performance when applied by doing one or more of the following:
  
  (a) achieving emissions reductions or reductions in discharges of waste that exceed otherwise applicable statutory and regulatory requirements;
  
  (b) providing for alternative monitoring, testing, recordkeeping, notification, or reporting requirements that reduce the administrative burden on the department or the participant and providing the information needed to ensure compliance with the cooperative agreement and other applicable provisions of South Carolina environmental law; or
  
  (c) achieving natural resource conservation or reductions in the use of natural resources or energy consumption. See South Carolina Code 48-56-20
• insurance: includes annuities. See South Carolina Code 38-1-20
• Insurance company: means an "insurer". See South Carolina Code 38-1-20
• Insurance rate: means the price of insurance for each unit of exposure. See South Carolina Code 38-1-20
• Insured: means any individual resident of this State who is eligible to receive benefits from any insurer. See South Carolina Code 38-74-10
• Insurer: includes a corporation, fraternal organization, burial association, other association, partnership, society, order, individual, or aggregation of individuals engaging or proposing or attempting to engage as principals in any kind of insurance or surety business, including the exchanging of reciprocal or interinsurance contracts between individuals, partnerships, and corporations. See South Carolina Code 38-1-20
• Insurer: means any entity that provides health insurance in this State. See South Carolina Code 38-74-10
• Intellectual disability: means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period. See South Carolina Code 44-20-30
• Interested person: means a person or a representative of a person who, due to his proximity to a facility, is or may be affected by the activities at the facility that is covered or proposed to be covered by a cooperative agreement. See South Carolina Code 48-56-20
• its revenues: means revenue derived from paying clients at regional residential centers and community residences but does not include Medicaid, Medicare, or other federal funds received with the stipulation that they be used to provide services to clients. See South Carolina Code 44-20-30
• 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.
• 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.
• Know: means to have actual knowledge. See South Carolina Code 44-43-305
• Land: includes submerged lands underlying a river, stream, lake, sound, or other body of water and specifically includes, among others, estuarine and tidal lands. See South Carolina Code 48-20-40
• Land disturbing activity: means any use of the land by any person that results in a change in the natural cover or topography that may cause erosion and contribute to sediment and alter the quality and quantity of stormwater runoff. See South Carolina Code 48-14-20
• Law enforcement officer: means :
  
  (a) an officer or employee of the United States, a state, political subdivision of a state, or the District of Columbia, who is authorized to enforce laws and is acting within his official capacity;
  
  (b) members of the National Guard;
  
  (c) members of the organized militia of a state or territory;
  
  (d) members of the Armed Forces of the United States. See South Carolina Code 16-8-10
• 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}
• Least restrictive environment: means the surrounding circumstances that provide as little intrusion and disruption from the normal pattern of living as possible. See South Carolina Code 44-20-30
• legal guardian: means a person who legally has the care and management of the person of one who is not sui juris. See South Carolina Code 44-23-10
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensed physician: means an individual licensed under the laws of this State to practice medicine or a medical officer of the government of the United States while in this State in the performance of official duties. See South Carolina Code 44-23-10
• Licensing board: means these health professional licensing boards which are state agencies and which license and regulate specific health care professions: the State Board of Medical Examiners, the State Board of Nursing for South Carolina, the South Carolina State Board of Dentistry, and the State Board of Podiatry Examiners. See South Carolina Code 44-30-20
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life insurance: means a contract of insurance upon the lives of human beings. See South Carolina Code 38-1-20
• Limited partner: means a person who has been admitted to a limited partnership as a limited partner in accordance with the partnership agreement. See South Carolina Code 33-42-20
• Litter: means all waste material including, but not limited to, bottles, glass, crockery, cans, paper, plastic, rubber, garbage, offal, waste building material at construction sites, disposable packages, or containers thrown or deposited as prohibited by the provisions of this chapter but not including the wastes of the primary processes of mining, logging, sawmilling, farming, or manufacturing. See South Carolina Code 48-53-10
• Local government: means any county, municipality, or any combination of counties or municipalities, acting through a joint program pursuant to the provisions of this chapter. See South Carolina Code 48-14-20
• Local government: means any county or municipality. See South Carolina Code 48-18-20
• Long term care insurance: means an insurance policy or a rider advertised, marketed, offered, or designed to provide coverage for not less than twelve consecutive months for each covered person on an expense incurred, indemnity, prepaid, or other basis, for one or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance, or personal care services, provided in a setting other than an acute care unit of a hospital. See South Carolina Code 38-72-40
• Maintenance: means active maintenance activities as specified by the Department of Health and Environmental Control, including pumping and treatment of groundwater and the repair and replacement of disposal unit covers. See South Carolina Code 48-46-30
• Maintenance dredging: means excavation to restore the depth of underwater lands or restore channels, basins, canals, or similar waterway accesses to depths and dimensions that support and maintain prior or existing levels of use that previously have been dredged pursuant to a license issued by the department or an exemption as provided in § 48-39-130(D)(10) as added by Act 41 of 2011. See South Carolina Code 48-39-10
• Marine sanctuary: means any water and wetland areas designated as a marine sanctuary by the Secretary of Commerce. See South Carolina Code 48-39-10
• Medical care: means amounts paid for:
  
  (a) the diagnosis, cure, mitigation, treatment, or prevention of disease, or amounts paid for the purpose of affecting any structure or function of the body;
  
  (b) amounts paid for transportation primarily for and essential to medical care referred to in subitem (a); and
  
  (c) amounts paid for insurance covering medical care referred to in subitems (a) and (b). See South Carolina Code 38-74-10
• Medical emergency: means that condition which, on the basis of the physician's good faith judgment, so complicates a pregnancy as to necessitate an immediate abortion to avert the risk of her death or for which a delay will create serious risk of substantial and irreversible impairment of major bodily function. See South Carolina Code 44-41-320
• Medical emergency: means in reasonable medical judgment, a condition exists that has complicated the pregnant woman's medical condition and necessitates an abortion to prevent death or serious risk of a substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. See South Carolina Code 44-41-610
• Medicare: means Title XVIII of the Social Security Act, 42 U. See South Carolina Code 38-74-10
• Member: means each insurer participating in the pool. See South Carolina Code 38-74-10
• Minerals: means soil, clay, coal, stone, gravel, sand, phosphate, rock, metallic ore, and any other solid material or substance found in natural deposits on or in the earth. See South Carolina Code 48-20-40
• Mining: means :
  
  (a) the breaking of the surface soil to facilitate or accomplish the extraction or removal of ores or mineral solids for sale or processing or consumption in the regular operation of a business;
  
  (b) removal of overburden lying above natural deposits of ore or mineral solids and removal of the mineral deposits exposed, or by removal of ores or mineral solids from deposits lying exposed in their natural state. See South Carolina Code 48-20-40
• Minor: means a female under the age of seventeen. See South Carolina Code 44-41-10
• Minor: means an individual who is under eighteen years of age. See South Carolina Code 44-43-305
• Minor development activities: means the construction, maintenance, repair, or alteration of any private piers or erosion control structure, the construction of which does not involve dredge activities. See South Carolina Code 48-39-10
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Motor vehicle manufacturer: means a person that:
  
  (a) manufactures or produces motor vehicles and sells motor vehicles under its own name or label;
  
  (b) is a wholly owned subsidiary of the person who manufactures or produces motor vehicles;
  
  (c) is a corporation which owns one hundred percent of the person who manufactures or produces motor vehicles;
  
  (d) does not manufacture or produce motor vehicles, but sells motor vehicles under its trade name label;
  
  (e) manufactures or produces motor vehicles and sells such motor vehicles under the trade name or label of another person; or
  
  (f) does not manufacture or produce motor vehicles but, pursuant to a written contract, licenses the use of its trade name or label to another person that sells motor vehicles under the licensor's trade name or label. See South Carolina Code 38-78-20
• Nearest friend: means any responsible person who, in the absence of a parent, guardian, or spouse, undertakes to act for and on behalf of another individual who is incapable of acting for himself for that individual's benefit, whether or not the individual for whose benefit he acts is under legal disability. See South Carolina Code 44-23-10
• Negotiate: means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning substantive benefits, terms, or conditions of the contract, provided that the person engaged in that act either sells insurance or obtains insurance from insurers for purchasers. See South Carolina Code 38-1-20
• Neighboring: means in close proximity, in the immediate vicinity, or in actual contact. See South Carolina Code 48-20-40
• Net loss: means the excess of incurred claims plus expenses over the sum of earned premiums, accrued investment income, and other appropriate gains and losses. See South Carolina Code 38-74-10
• 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.
• Nonregional generator: means a waste generator who produces waste within a state that is not a member of the Atlantic Compact, whether or not this waste is sent to facilities located within the Atlantic Compact region for purposes of consolidation, treatment, or processing for disposal. See South Carolina Code 48-46-30
• Nonregional waste: means waste produced by a nonregional generator. See South Carolina Code 48-46-30
• 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.
• Obligations: means the obligations in the form of notes or bonds or contractual agreements issued or entered into by the commission pursuant to the authorization of this chapter and of Act 1377 of 1968 to provide funds with which to repay the proceeds of capital improvement bonds allocated by the State Fiscal Accountability Authority. See South Carolina Code 44-20-30
• Observation: means diagnostic evaluation, medical, psychiatric and psychological examination, and care of a person for the purpose of determining his mental condition. See South Carolina Code 44-23-10
• Office: means the Office of Ocean and Coastal Resource Management of the Department of Health and Environment Control. See South Carolina Code 48-40-20
• Office: means the Office of Regulatory Staff. See South Carolina Code 48-46-30
• Oil: means crude petroleum oil and all other hydrocarbons, regardless of specific gravity, that are produced in liquid form by ordinary production methods, but does not include liquid hydrocarbons that were originally in a gaseous phase in the reservoir. See South Carolina Code 48-39-10
• Operating permit: means a permit for mining activity that is issued to an operator by the department. See South Carolina Code 48-20-40
• Operator: means a person engaged in mining operations, whether individually, jointly, or through subsidiaries, agents, employees, or contractors. See South Carolina Code 48-20-40
• Organ procurement organization: means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization. See South Carolina Code 44-43-305
• Over-pressure device: means a container filled with an explosive gas or expanding gas or liquid which is designed or constructed so as to cause the container to break, fracture, or rupture in such a manner which is capable of causing death, bodily harm, or property damage, and includes, but is not limited to, a chemical reaction bomb, an acid bomb, a caustic bomb, or a dry ice bomb. See South Carolina Code 16-8-10
• Overburden: means the earth, rock, and other materials that lie above the natural deposit of minerals. See South Carolina Code 48-20-40
• Oversight: Committee review of the activities of a Federal agency or program.
• Parent: means natural parent, adoptive parent, stepparent, or person with legal custody. See South Carolina Code 44-23-10
• Parent: means a parent whose parental rights have not been terminated. See South Carolina Code 44-43-305
• Part: means an organ, an eye, or tissue of a human being. See South Carolina Code 44-43-305
• Participant: has the meaning given the term under Section 3(7) of the Employee Retirement Income Security Act of 1974. See South Carolina Code 38-74-10
• Partner: means a limited or general partner. See South Carolina Code 33-42-20
• 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.
• Partnership agreement: means any valid agreement, written or oral, of the partners as to the affairs of a limited partnership and the conduct of its business. See South Carolina Code 33-42-20
• Partnership interest: means a partner's share of the profits and losses of a limited partnership and the right to receive distributions of partnership assets. See South Carolina Code 33-42-20
• Parts: means a combination of parts, components, chemical compounds, or other substances, designed or intended for use in converting any device into a destructive device. See South Carolina Code 16-8-10
• Patient: means a person who seeks hospitalization or treatment under the provisions of this chapter, Chapter 9, Chapter 11, Chapter 13, Article 1 of Chapter 15, Chapter 17, Chapter 27, Chapter 48, and Chapter 52 or any person for whom such hospitalization or treatment is sought. See South Carolina Code 44-23-10
• Pattern of criminal gang activity: means the commission or attempted commission of, commission as an accessory before or after the fact to, or solicitation or conspiracy to commit, by a criminal gang member, while knowingly and actively participating in criminal gang activity, four or more of the following offenses occurring within a two-year period, provided that at least three of these offenses occurred after July 1, 2007:
  
  (a) a violent offense as defined in § 16-1-60 committed as a part of criminal gang activity;
  
  (b) financial transaction card crimes as defined in Chapter 14 of Title 16 committed as a part of criminal gang activity;
  
  (c) first degree lynching as defined in § 16-3-210 committed as a part of criminal gang activity;
  
  (d) second degree lynching as defined in § 16-3-220 committed as a part of criminal gang activity;
  
  (e) breaking into a motor vehicle as defined in § 16-13-160 committed as a part of criminal gang activity;
  
  (f) grand larceny as defined in § 16-13-30 committed as a part of criminal gang activity;
  
  (g) blackmail as defined in § 16-17-640 committed as a part of criminal gang activity;
  
  (h) malicious injury to property as defined in Sections 16-11-510, 16-11-520, 16-11-530, and 16-11-535 committed as a part of criminal gang activity;
  
  (i) drug offense as defined in §§ 44-53-370 and 44-53-375 committed as a part of criminal gang activity;
  
  (j) harassment, stalking, or aggravated stalking as defined in Article 17, Chapter 3 of Title 16 committed as a part of criminal gang activity;
  
  (k) pointing a firearm at any person as defined in § 16-23-410 committed as a part of criminal gang activity;
  
  (l) discharging a firearm at or into dwellings, structures, enclosures, vehicles, or equipment as defined in § 16-23-440 committed as a part of criminal gang activity;
  
  (m) the common law offense of assault and battery of a high and aggravated nature committed as a part of criminal gang activity; or
  
  (n) the common law offense of obstruction of justice committed as a part of criminal gang activity. See South Carolina Code 16-8-230
• Performance evaluation: means a systematic, documented, and objective review, conducted by or on behalf of the owner or operator of a facility, of the environmental operations of the facility, including an evaluation of compliance with the cooperative agreement covering the facility, approvals that are not replaced by the cooperative agreement and the provisions of South Carolina environmental law for which a participant has not been granted a variance. See South Carolina Code 48-56-20
• Permitted land: means the affected land in addition to (a) lands identified for future mining to become affected land; (b) an undisturbed or buffer area that is or may become adjacent to the affected land. See South Carolina Code 48-20-40
• Person: means a corporation, agency, partnership, association, voluntary organization, individual, or another entity, organization, or aggregation of individuals. See South Carolina Code 38-1-20
• Person: means an individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicate, or any similar entity or combination of entities acting in concert. See South Carolina Code 38-78-20
• Person: means an individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, electric supplier, municipality, interstate body, the federal government, or other legal entity. See South Carolina Code 48-14-20
• Person: means any individual, organization, association, partnership, business trust, estate trust, corporation, public or municipal corporation, county, local government unit, public or private authority and shall include the State of South Carolina, its political subdivisions and all its departments, boards, bureaus or other agencies, unless specifically exempted by this chapter. See South Carolina Code 48-39-10
• Person: means an individual, corporation, business enterprise, or other legal entity, either public or private, and expressly includes states. See South Carolina Code 48-46-30
• Person: means an individual, corporation, company, association, partnership, unit of local government, state agency, federal agency, or other legal entity. See South Carolina Code 48-56-20
• Person: means a natural person, partnership, limited partnership (domestic or foreign), trust, estate, association, or corporation. See South Carolina Code 33-42-20
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See South Carolina Code 44-43-305
• Person with a mental illness: means a person with a mental disease to such an extent that, for the person's own welfare or the welfare of others or of the community, the person requires care, treatment, or hospitalization. See South Carolina Code 44-23-10
• Personal property: All property that is not real property.
• Physician: means a person licensed to practice medicine in this State. See South Carolina Code 44-41-10
• Physician: means a person licensed to practice medicine in this State. See South Carolina Code 44-41-610
• Physician: means an individual authorized to practice medicine or osteopathy under the law of any state. See South Carolina Code 44-43-305
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plan of operation: means the plan of operation of the pool, including articles, bylaws, and operating rules adopted by the board. See South Carolina Code 38-74-10
• 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.
• 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.
• Poisonous gases: means a toxic chemical or its precursors that through its chemical action or properties on life processes, causes death or injury to human beings or other living organisms. See South Carolina Code 16-8-10
• Policy: means a contract of insurance. See South Carolina Code 38-1-20
• Policy: means any policy, contract, subscriber agreement, rider, or endorsement delivered or issued for delivery in this State by an insurer, fraternal benefit society, nonprofit health, hospital, or medical service corporation, prepaid health plan, health maintenance organization, or any similar organization. See South Carolina Code 38-72-40
• Pollution: means :
  
  (a) the presence in the environment of any substance including, but not limited to, sewage, industrial waste, other waste, air contaminant, or any combination of these in a quantity and of characteristics and duration:
  
  (i) as may cause or tend to cause the environment of the State to be contaminated, unclean, noxious, odorous, impure, or degraded;
  
  (ii) which is or tends to be injurious to human health or welfare;
  
  (iii) which damages property, plant, animal or marine life or use of property; or
  
  (b) the manmade or man-induced alteration of the chemical, physical, biological, and radiological integrity of water. See South Carolina Code 48-56-20
• Pool: means the South Carolina Health Insurance Pool. See South Carolina Code 38-74-10
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Preexisting condition exclusion: means , with respect to coverage, a limitation or exclusion of benefits relating to a condition based on the fact that the condition was present before the date of enrollment for the coverage, whether or not any medical advice, diagnosis, care, or treatment was recommended or received before the date. See South Carolina Code 38-74-10
• Pregnant: means the human biological female reproductive condition of having a living unborn child within her body, whether or not she has reached the age of majority. See South Carolina Code 44-41-10
• Pregnant: means the human biological female reproductive condition of having a living unborn child within her body, whether or not she has reached the age of majority. See South Carolina Code 44-41-610
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Premium: means payment given in consideration of a contract of insurance. See South Carolina Code 38-1-20
• Premium: means the consideration paid to an insurer for a reimbursement insurance policy. See South Carolina Code 38-78-20
• Prescribed fire: means a controlled fire applied to forest, brush, or grassland vegetative fuels under specified environmental conditions and precautions which cause the fire to be confined to a predetermined area and allow accomplishment of the planned land management objectives. See South Carolina Code 48-34-20
• 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.
• Price schedule: means disposal rates. See South Carolina Code 48-46-30
• Primary oceanfront sand dune: means the dune or dunes that constitute the front row of dunes adjacent to the Atlantic Ocean. See South Carolina Code 48-39-10
• 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.
• Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See South Carolina Code 44-43-305
• producer: means a person who represents an insurance company and is required to be licensed pursuant to § 38-43-10. See South Carolina Code 38-1-20
• Prospective donor: means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. See South Carolina Code 44-43-305
• Provider: means a person who is contractually obligated to the service contract holder under the terms of the service contract. See South Carolina Code 38-78-20
• Provider fee: means the consideration paid for a service contract. See South Carolina Code 38-78-20
• PSC: means the South Carolina Public Service Commission. See South Carolina Code 48-46-30
• 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 TAA eligible individual: means an individual who is eligible for the credit for health insurance costs under Section 35 of the Internal Revenue Code of 1986. See South Carolina Code 38-74-10
• Quasi-state agency: means any entity other than a state agency but having some attributes of a state agency by virtue of the fact that the State has some authority to make rules and regulations by which it is governed. See South Carolina Code 48-18-20
• 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.
• Reasonable medical judgment: means a medical judgment that would be made by a reasonably prudent physician who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved. See South Carolina Code 44-41-610
• Reasonably available: means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See South Carolina Code 44-43-305
• Receipts: means the total amount of money collected by the site operator for waste disposal over a given period of time. See South Carolina Code 48-46-30
• Recipient: means an individual into whose body a decedent's part has been or is intended to be transplanted. See South Carolina Code 44-43-305
• Reclamation: means the reasonable rehabilitation of the affected land for useful purposes and the protection of the natural resources of the surrounding area. See South Carolina Code 48-20-40
• Reclamation plan: means the operator's written proposal as required and approved by the department for reclamation of the affected land, which includes but is not limited to:
  
  (a) proposed practices to protect adjacent surface resources;
  
  (b) specifications for surface gradient restoration, including sketches delineating slope angle, to a surface suitable for the proposed subsequent use of the land after reclamation is completed, and the proposed method of accomplishment;
  
  (c) manner and type of revegetation or other surface treatment of the affected areas;
  
  (d) method of prevention or elimination of conditions that are hazardous to animal or fish life in or adjacent to the area;
  
  (e) method of compliance with state air and water pollution laws;
  
  (f) proposed methods to limit significant adverse effects on adjacent surface water and groundwater resources;
  
  (g) proposed methods to limit significant adverse effects on significant cultural or historic sites;
  
  (h) method of rehabilitation of settling ponds;
  
  (i) method of control of contaminants and disposal of mining refuse;
  
  (j) method of restoration or establishment of stream channels and stream banks to a condition minimizing erosion, siltation, and other pollution;
  
  (k) maps and other supporting documents reasonably required by the department; and
  
  (l) a time schedule, including the anticipated years for completion of reclamation by segments, that meets the requirements of § 48-20-90. See South Carolina Code 48-20-40
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See South Carolina Code 44-43-305
• Refusal: means a record created under § 44-43-330 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part. See South Carolina Code 44-43-305
• Refuse: means all waste soil, rock, mineral, scrap, tailings, slimes, and other material directly connected with the mining, cleaning, and preparation of substances mined and includes all waste materials deposited on or in the permit area from other sources. See South Carolina Code 48-20-40
• Regional disposal facility: means a disposal facility that has been designated or accepted by the Atlantic Compact Commission as a regional disposal facility. See South Carolina Code 48-46-30
• Regional generator: means a waste generator who produces waste within the Atlantic Compact, whether or not this waste is sent to facilities outside the Atlantic Compact region for purposes of consolidation, treatment, or processing for disposal. See South Carolina Code 48-46-30
• Regional waste: means waste generated within a member state of the Atlantic Compact. See South Carolina Code 48-46-30
• Reimbursement insurance policy: means a policy of insurance issued to a provider to either provide reimbursement to the provider under the terms of the insured service contracts issued or sold by the provider or, in the event of the provider's nonperformance, to pay on behalf of the provider all covered contractual obligations incurred by the provider under the terms of the insured service contracts issued or sold by the provider. See South Carolina Code 38-78-20
• Related disability: is a severe, chronic condition found to be closely related to intellectual disability or to require treatment similar to that required for persons with intellectual disability and must meet the following conditions:
  
  (a) It is attributable to cerebral palsy, epilepsy, autism, or any other condition other than mental illness found to be closely related to intellectual disability because this condition results in impairment of general intellectual functioning or adaptive behavior similar to that of persons with intellectual disability and requires treatment or services similar to those required for these persons. See South Carolina Code 44-20-30
• 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.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restoration treatment: means treatment provided to a person who has been determined unfit to stand trial but likely to become fit in the foreseeable future, and which has as part of its goals assisting the person to gain the capacity to understand the proceedings against him and to assist in his own defense. See South Carolina Code 44-23-10
• Saline waters: means those waters which contain a measurable quantity of sea water, at least one part chloride ion per thousand. See South Carolina Code 48-39-10
• Sediment: means solid particulate matter, both mineral and organic, that has been or is being transported by water, air, ice, or gravity from its site of origin. See South Carolina Code 48-14-20
• Sediment: means soil or other earth-like material that has been moved by the forces of water, wind, gravity, or any combination of them. See South Carolina Code 48-18-20
• Sedimentation: means the process or action of depositing sediment. See South Carolina Code 48-18-20
• Sell: means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurance company. See South Carolina Code 38-1-20
• Service contract: includes a contract or agreement for a separately stated consideration for a specific duration to perform one or more of the following services:
  
  (a) the repair or replacement of tires and wheels on a motor vehicle damaged as a result of coming into contact with road hazards;
  
  (b) the removal of dents, dings, or creases on a motor vehicle that can be repaired using the process of paintless dent removal without affecting the existing paint finish and without sanding, bonding, painting, or replacing a vehicle body panel;
  
  (c) the replacement of a motor vehicle key or key fob in the event that the key or key fob becomes inoperable, lost, or stolen; and
  
  (d) other services consistent with the provisions of this chapter approved by the director. See South Carolina Code 38-78-20
• 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.
• Sign: means , with the present intent to authenticate or adopt a record:
  
  (a) to execute or adopt a tangible symbol; or
  
  (b) to attach to or logically associate with the record an electronic symbol, sound, or process. See South Carolina Code 44-43-305
• Site operator: means a facility operator. See South Carolina Code 48-46-30
• Slippage: shall mean the difference in funds earmarked in the management plan for an approved practice and funds actually earned when the practice is completed. See South Carolina Code 48-28-30
• Solicit: means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company. See South Carolina Code 38-1-20
• South Carolina Environmental Excellence Program: means a voluntary program in which facilities are selected for membership based upon their demonstrated commitment to continuous environmental improvement through the use of environmental management systems to achieve pollution prevention and energy and natural resource conservation. See South Carolina Code 48-56-20
• South Carolina environmental law: means all state and federal environmental laws and regulations that the department is authorized to administer and enforce. See South Carolina Code 48-56-20
• Spinal cord injury: means an acute, traumatic lesion of neural elements in the spinal canal resulting in any degree of sensory deficit, motor deficit, or major life functions. See South Carolina Code 44-38-20
• State: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See South Carolina Code 33-42-20
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See South Carolina Code 44-43-305
• State capital improvement bonds: means bonds issued pursuant to Act 1377 of 1968. See South Carolina Code 44-20-30
• State Forester: shall mean the director of the State Commission of Forestry. See South Carolina Code 48-28-30
• Statute: A law passed by a legislature.
• Storm surge: means an abnormal rise of water generated by a storm over and above the predicted astronomical tide. See South Carolina Code 48-39-10
• Stormwater: means the direct runoff of water and associated material resulting from precipitation in any form. See South Carolina Code 48-18-20
• Stormwater management: means , for:
  
  (a) quantitative control, a system of vegetative or structural measures, or both, that control the increased volume and rate of stormwater runoff caused by manmade changes to the land;
  
  (b) qualitative control, a system of vegetative, structural, or other measures that reduce or eliminate pollutants that might otherwise be carried by stormwater runoff. See South Carolina Code 48-14-20
• Submerged lands: means those river, creek, and ocean bottoms lying below mean low-water mark. See South Carolina Code 48-39-10
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Surety: includes insurance or a bond that covers obligations to pay the debts, or answer for the default, of another, including faithlessness in a position of public or private trust. See South Carolina Code 38-1-20
• System: means the South Carolina Head and Spinal Cord Injury Information System established pursuant to this article. See South Carolina Code 44-38-20
• System: means the South Carolina Head and Spinal Cord Injury Service Delivery System as established in this article;
  
  (2) "State plan" means the plan developed by the State Department of Disabilities and Special Needs pursuant to this article for a comprehensive system of services for persons with head and spinal cord injuries. See South Carolina Code 44-38-320
• Technician: means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. See South Carolina Code 44-43-305
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Terminate: means the cancellation of the relationship between an insurance producer and the insurer or the termination of a producer's authority to transact insurance. See South Carolina Code 38-1-20
• Termination of mining: means cessation of mining operations or a segment of a mining operation with intent not to resume, or cessation of mining operations or a segment of a mining operation as a result of revocation of an operating permit. See South Carolina Code 48-20-40
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• theft protection program: includes , but is not limited to, alarm systems, body-part marking products, steering locks, window etch products, pedal and ignition locks, fuel and ignition kill switches, and electronic, radio, and satellite tracking devices. See South Carolina Code 38-78-20
• Theft protection program warranty: means a written agreement by a warrantor that provides the warrantor will pay to or on behalf of the warranty holder specified incidental costs not to exceed five thousand dollars as a result of the failure of the theft protection program to prevent loss or damage to a motor vehicle pursuant to the terms of the warranty. See South Carolina Code 38-78-20
• Tidelands: means all areas which are at or below mean high tide and coastal wetlands, mudflats, and similar areas that are contiguous or adjacent to coastal waters and are an integral part of the estuarine systems involved. See South Carolina Code 48-39-10
• Tissue: means a portion of the human body other than an organ or an eye. See South Carolina Code 44-43-305
• Tissue bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. See South Carolina Code 44-43-305
• 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.
• Treatment: means the broad range of emergency, outpatient, intermediate, and inpatient services and care that may be extended to a patient, including diagnostic evaluation and medical, psychiatric, psychological, and social service care and vocational rehabilitation and counseling. See South Carolina Code 44-23-10
• 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: means the South Carolina Beach Restoration and Improvement Trust Fund. See South Carolina Code 48-40-20
• Trustee: A person or institution holding and administering property in trust.
• Unborn child: means an individual organism of the species homo sapiens from conception until live birth. See South Carolina Code 44-41-610
• Vehicle: means every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks. See South Carolina Code 48-53-10
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Violation: means a violation of a cooperative agreement, of an approval that is not replaced by the cooperative agreement, or of a provision of South Carolina environmental law for which a participant has not received a variance. See South Carolina Code 48-56-20
• Waiting period: means , with respect to a group health plan and an individual who is a potential participant or beneficiary in the plan, the period that must pass with respect to the individual before the individual is eligible to be covered for benefits under the terms of the plan. See South Carolina Code 38-74-10
• Warranty: means a warranty made solely by the manufacturer, importer, or seller of property or services without charge, that is not negotiated or separated from the sale of the product, that is incidental to the sale of the product, and that guarantees indemnity for defective parts, mechanical or electrical breakdown, labor, or other remedial measures, such as repair or replacement of the property or repetition of services. See South Carolina Code 38-78-20
• Waste: means Class A, B, or C low-level radioactive waste, as defined in Title I of Public Law 99-240 and Department of Health and Environmental Control Regulation 61-63, 7. See South Carolina Code 48-46-30
• Weapon of mass destruction: means :
  
  (a) any destructive device as defined in item (4);
  
  (b) any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;
  
  (c) any weapon involving a disease organism; or
  
  (d) any weapon that is designed to release radiation or radioactivity at a level dangerous to human life. See South Carolina Code 16-8-10