Article 1 General Provisions
Article 3 Phosphate
Article 5 Geothermal Resources

Terms Used In South Carolina Code > Title 10 > Chapter 9 - Minerals and Mineral Interests in Public Lands

  • Actuarial accrued liability: means that portion, as determined by a particular actuarial cost method, of the actuarial present value of fund obligations and administrative expenses which is not provided for by future normal costs. See South Carolina Code 1-11-703
  • Actuarial assumptions: means assumptions regarding the occurrence of future events affecting costs of the SCRHI Trust Fund or LTDI Trust Fund such as mortality, withdrawal, disability, and retirement; changes in compensation; aging effects and cost trends for post-employment benefits; benefit election rates; rates of investment earnings and asset appreciation or depreciation; procedures used to determine the actuarial value of assets; and other such relevant items. See South Carolina Code 1-11-703
  • Actuarial cost method: means a method for determining the actuarial present value of the obligations and administrative expenses of the SCRHI Trust Fund or LTDI Trust Fund and for developing an actuarially equivalent allocation of such value to time periods, usually in the form of a normal cost and an actuarial-accrued liability. See South Carolina Code 1-11-703
  • Actuarial valuation: means the determination, as of a valuation date, of the normal cost, actuarial accrued liability, actuarial value of assets, and related actuarial present values for the SCRHI Trust Fund or LTDI Trust Fund. See South Carolina Code 1-11-703
  • Actuarially sound: means that calculated contributions to the SCRHI Trust Fund or LTDI Trust Fund are sufficient to pay the full actuarial cost of these trust funds. See South Carolina Code 1-11-703
  • Administrative expenses: means all expenses incurred in the operation of the SCRHI Trust Fund and LTDI Trust Fund, including all investment expenses. See South Carolina Code 1-11-703
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Board: means the Board of Directors of the South Carolina Public Employee Benefit Authority. See South Carolina Code 1-11-703
  • 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.
  • Council: means the Coordinating Council for Economic Development. See South Carolina Code 12-10-30
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the Department of Commerce. See South Carolina Code 11-56-20
  • Department: means the South Carolina Department of Revenue. See South Carolina Code 12-10-30
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • EIP: means the office of the South Carolina Public Employee Benefit Authority designated by the board to operate insurance programs pursuant to this article. See South Carolina Code 1-11-703
  • Employee: means an employee of the qualifying business who works full time at the project. See South Carolina Code 12-10-30
  • Employee: includes an individual who contracts with an agency for personal services. See South Carolina Code 1-6-10
  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Ex officio: Literally, by virtue of one's office.
  • 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
  • General obligation debt: means any indebtedness of the State which must be secured in whole or in part by a pledge of the full faith, credit and taxing power of the State, including, but not limited to, bonds, notes, and other evidences of indebtedness, and issued pursuant to the provisions of this chapter. See South Carolina Code 11-51-30
  • Gross wages: means wages subject to withholding. See South Carolina Code 12-10-30
  • IBNR: means unpaid health claims incurred but not reported. See South Carolina Code 1-11-703
  • individual: means a human being. See South Carolina Code 12-2-20
  • Job development credit: means the amount a qualifying business may claim as a credit against employee withholding pursuant to §§ 12-10-80 and 12-10-81 and a revitalization agreement. See South Carolina Code 12-10-30
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • 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
  • LTDI Trust Fund: means the Long Term Disability Insurance Trust Fund established pursuant to § 1-11-707 to fund benefits under the state's Basic Long Term Disability (BLTD) Income Benefit Plan. See South Carolina Code 1-11-703
  • Microenterprise: means any business, whether new or existing, with five or fewer employees, including startup, home-based, and self-employed businesses. See South Carolina Code 11-56-20
  • Microloan: means any business loan up to twenty-five thousand dollars. See South Carolina Code 11-56-20
  • Microloan delivery organization: means a community-based or nonprofit program that has developed a viable plan for providing training, access to financing, and technical assistance for microenterprises. See South Carolina Code 11-56-20
  • 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.
  • Operating account: means the health insurance program's business operating activities account maintained by the State Treasurer in which are deposited all premiums for enrollees in self-funded health plans authorized in this article, along with employer contributions for active employees covered by such self-funded health plans, and from which claims and administrative expenses of the self-funded health and dental plans administered by the employee insurance program are paid. See South Carolina Code 1-11-703
  • Operating costs: means the costs associated with administering a loan or a loan guaranty, administering a revolving loan program, or providing for business training and technical assistance to a microloan recipient. See South Carolina Code 11-56-20
  • 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 :

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

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

    (c) a political subdivision. See South Carolina Code 1-6-10
  • person: includes any individual, trust, estate, partnership, receiver, association, company, limited liability company, corporation, or other entity or group; and

    (2) "individual" means a human being. See South Carolina Code 12-2-20
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Political subdivision: includes a county, city, municipality, town, village, township, district, authority, special purpose district, school district, other local government entity, or other public corporation or entity whether organized and existing under charter or general law. See South Carolina Code 1-6-10
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Preliminary revitalization agreement: means the application by the qualifying business for benefits pursuant to § 12-10-80 or 12-10-81 if the council approves the application and agrees in writing at the time of approval to allow the approved application to serve as the preliminary revitalization agreement. See South Carolina Code 12-10-30
  • Program: means the Microenterprise Partnership Program. See South Carolina Code 11-56-20
  • Project: means an investment for one or more purposes pursuant to this chapter needed for a qualifying business to locate, remain, or expand in this State and otherwise fulfill the requirements of this chapter. See South Carolina Code 12-10-30
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Qualifying business: means a business that meets the requirements of § 12-10-50 and other applicable requirements of this chapter. See South Carolina Code 12-10-30
  • Qualifying expenditures: means those expenditures that meet the requirements of § 12-10-80(C) or 12-10-81(D). See South Carolina Code 12-10-30
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Related person: includes any entity or person that bears a relationship to a business as provided in Internal Revenue Code Section 267 or 707(b). See South Carolina Code 12-10-30
  • Research Centers of Excellence Review Board: means the board created pursuant to § 2-75-10. See South Carolina Code 11-51-30
  • Research universities: means Clemson University, The Medical University of South Carolina, and the University of South Carolina-Columbia. See South Carolina Code 11-51-30
  • Retraining agreement: means an agreement entered into between a business and the council in which a qualifying business is entitled to retraining credit pursuant to § 12-10-95. See South Carolina Code 12-10-30
  • Retraining credit: means the amount that a business may claim as a credit against withholding pursuant to § 12-10-95 and the retraining agreement. See South Carolina Code 12-10-30
  • Revitalization agreement: means an executed agreement entered into between the council and a qualifying business that describes the project and the negotiated terms and conditions for a business to qualify for a job development credit pursuant to § 12-10-80 or 12-10-81. See South Carolina Code 12-10-30
  • SCRHI Trust Fund: means the South Carolina Retiree Health Insurance Trust Fund established pursuant to § 1-11-705 to fund the employer cost for health benefits for retired state employees and retired public school district employees. See South Carolina Code 1-11-703
  • 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.
  • Significant business: means a qualifying business making a significant capital investment as defined in § 12-44-30(7). See South Carolina Code 12-10-30
  • State board: means the governing board of the State Fiscal Accountability Authority. See South Carolina Code 11-51-30
  • State health and dental plans: means any insurance program administered by the employee insurance program pursuant to this article. See South Carolina Code 1-11-703
  • State Retirement Systems: means all retirement systems established pursuant to Title 9 except for the National Guard Retirement System. See South Carolina Code 1-11-703
  • State-covered entity: means state agencies and institutions, however described, and school districts. See South Carolina Code 1-11-703
  • Statewide microlending support organization: means a community-based or nonprofit organization that has a demonstrated capacity and a plan for providing and administering grants or loans to microloan delivery organizations. See South Carolina Code 11-56-20
  • Statute: A law passed by a legislature.
  • Technology intensive activities: means the design, development, and introduction of new products or innovative manufacturing processes, or both, through the systematic application of scientific and technical knowledge at a technology intensive facility as defined in § 12-6-3360(M). See South Carolina Code 12-10-30
  • 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.
  • Trust fund paid premiums: means the employer premium for state health and dental plans coverage paid by the SCRHI Trust Fund on behalf of a retiree. See South Carolina Code 1-11-703
  • Unfunded actuarial accrued liability: means for any actuarial valuation the excess of the actuarial accrued liability over the actuarial value of the assets of the fund under an actuarial cost method utilized by the fund for funding purposes. See South Carolina Code 1-11-703
  • Withholding: means employee withholding pursuant to Chapter 8 of this title. See South Carolina Code 12-10-30