South Carolina Code > Title 11 > Chapter 35 – South Carolina Consolidated Procurement Code


Article 1	General Provisions
Article 1	Purposes, Construction, and Application
Article 1	Reporting of Furniture and Certain Purchases
Article 3	Committees and Management
Article 3	Offices Created
Article 3	Advisory Committees and Training
Article 3	Auditing and Fiscal Reporting
Article 5	Methods of Source Selection
Article 5	Responsibility of Bidders and Offerors
Article 5	Types and Forms of Contracts
Article 5	Inspection of Plant and Audit of Records
Article 5	Determinations and Reports
Article 7	Specifications
Article 9	Construction Services
Article 9	Architect-Engineer, Construction Management, and Land Surveying Services
Article 10	Indefinite Quantity Contracts
Article 11	Modifications and Termination of Contracts for Supplies and Services
Article 13	Cost Principles
Article 15	Regulations for Sale, Lease, Transfer, and Disposal
Article 17	Administrative Resolution of Controversies
Article 17	Remedies
Article 17	Review Panel
Article 19	Cooperative Purchasing
Article 21	Assistance to Minority Businesses
Article 23	Statewide Provisions

Terms Used In South Carolina Code > Title 11 > Chapter 35 - South Carolina Consolidated Procurement Code

Acquirer: means a business organization, financial institution, or an agent of a business organization or financial institution that authorizes a merchant to accept payment by credit card for money, goods, services, or anything else of value. See South Carolina Code 16-14-10
Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
Actuarial accrued liability: means that portion, as determined by a particular actuarial cost method, of the actuarial present value of fund obligations and administrative expenses which is not provided for by future normal costs. See South Carolina Code 1-11-703
Actuarial assumptions: means assumptions regarding the occurrence of future events affecting costs of the SCRHI Trust Fund or LTDI Trust Fund such as mortality, withdrawal, disability, and retirement; changes in compensation; aging effects and cost trends for post-employment benefits; benefit election rates; rates of investment earnings and asset appreciation or depreciation; procedures used to determine the actuarial value of assets; and other such relevant items. See South Carolina Code 1-11-703
Actuarial cost method: means a method for determining the actuarial present value of the obligations and administrative expenses of the SCRHI Trust Fund or LTDI Trust Fund and for developing an actuarially equivalent allocation of such value to time periods, usually in the form of a normal cost and an actuarial-accrued liability. See South Carolina Code 1-11-703
Actuarial valuation: means the determination, as of a valuation date, of the normal cost, actuarial accrued liability, actuarial value of assets, and related actuarial present values for the SCRHI Trust Fund or LTDI Trust Fund. See South Carolina Code 1-11-703
Actuarially sound: means that calculated contributions to the SCRHI Trust Fund or LTDI Trust Fund are sufficient to pay the full actuarial cost of these trust funds. See South Carolina Code 1-11-703
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
Administrative expenses: means all expenses incurred in the operation of the SCRHI Trust Fund and LTDI Trust Fund, including all investment expenses. See South Carolina Code 1-11-703
Administrative Law Court: means the Administrative Law Court created by § 1-23-500. See South Carolina Code 12-60-30
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 county: means , for property tax purposes, a county that administers property tax collections for its own jurisdiction or for another local governing body and is in a property tax dispute with a taxpayer. See South Carolina Code 12-60-30
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.
Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
Agency: means an authority, board, branch, commission, committee, department, division, or other instrumentality of the executive department of state government, including administrative bodies and bodies corporate and politic established as an instrumentality of the State. See South Carolina Code 1-6-10
Agency: means any state officer, department, board, commission, committee, institution, bureau, division, or other person or functional group that is authorized to exercise or that does exercise any executive or administrative function of government in the State; when the term "local agency" is used, it shall be construed to mean local political subdivisions of the State; when the term "federal agency" is used, it shall be construed to mean any agency of the government of the United States of America;

(2) "Director" means the Director for the Division of State Development. See South Carolina Code 13-1-310
Agent: means a person authorized by the Department of Revenue to pay the excise tax on packages of cigarettes. See South Carolina Code 23-51-20
Aggrieved person: means a person who was a party to any intercepted wire, oral, or electronic communication or a person against whom the interception was directed. See South Carolina Code 17-30-15
Agreement: means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures giving the effect of agreements under law otherwise applicable to a particular transaction. See South Carolina Code 26-6-20
Aircraft: means any contrivance, used or designed for navigation or flight through the air. See South Carolina Code 12-37-2410
Airline company: means any person who undertakes, directly or indirectly, to engage in the regularly scheduled transportation by aircraft of persons or property for hire in interstate, intrastate or international transportation. See South Carolina Code 12-37-2410
Allegation: something that someone says happened.
Alternative fuel: means a liquefied petroleum gas, liquefied natural gas, compressed natural gas product, or a combination of liquefied petroleum gas and a compressed natural gas product used in an internal combustion engine or motor to propel any form of vehicle, machine, or mechanical contrivance. See South Carolina Code 12-28-110
Alternative payment method: means fee payments as provided in § 12-44-50(A)(3). See South Carolina Code 12-44-30
Ambulatory surgical facility: means a licensed, distinct, freestanding, self-contained entity that is organized, administered, equipped, and operated exclusively for the purpose of performing surgical procedures or related care, treatment, procedures, and/or services, by licensed health care providers, for which patients are scheduled to arrive, receive surgery or related care, treatment, procedures, and/or services, and be discharged on the same day. See South Carolina Code 15-79-110
Ambulatory surgical facility: means a licensed, distinct, freestanding, self-contained entity that is organized, administered, equipped, and operated exclusively for the purpose of performing surgical procedures or related care, treatment, procedures, and/or services, by licensed health care providers, for which patients are scheduled to arrive, receive surgery or related care, treatment, procedures, and/or services, and be discharged on the same day. See South Carolina Code 15-32-210
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.
Animal: means any live vertebrate creature, domestic or wild. See South Carolina Code 16-27-20
Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
Annuity issuer: means an insurer that has issued a contract to fund periodic payments under a structured settlement. See South Carolina Code 15-50-20
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.
Appraisal: A determination of property value.
appraised: means the process provided by law for the property tax assessor to determine the fair market value of real property and additions and improvements to real property. See South Carolina Code 12-37-3130
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
Approved inspection agency: means an agency approved by the council to provide plan review and approval, evaluation, and inspection in addition to adequate follow-up services at the point of manufacture to insure that production units are in full compliance with the provisions of this chapter. See South Carolina Code 23-43-20
Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
Arrest: Taking physical custody of a person by lawful authority.
Ascendant: means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. See South Carolina Code 15-61-320
Assessable transfer of interest: means a transfer of an existing interest in real property that subjects the real property to appraisal. See South Carolina Code 12-37-3130
Assessment: means the department's recording the liability of the taxpayer in the office of the department, subject to the restrictions in § 12-60-440. See South Carolina Code 12-60-30
assessor: means a county officer or official who issues an official property tax assessment for real property. See South Carolina Code 12-60-30
Assignee: means a person acquiring or proposing to acquire structured settlement payments from a structured settlement purchase company or transferee after, or concurrently with, the transfer of the structured settlement payment rights by the payee to the structured settlement purchase company or transferee. See South Carolina Code 15-50-20
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
auditor: means a county officer or official who issues an official property tax assessment for personal property. See South Carolina Code 12-60-30
Aural transfer: means a transfer containing the human voice at any point between and including the point of origin and the point of reception. See South Carolina Code 17-30-15
Authority: means the State Fiscal Accountability Authority. See South Carolina Code 13-1-1000
Automated banking device: means any machine which when properly activated by a financial transaction card or personal identification code may be used for any of the purposes for which a financial transaction card may be used. See South Carolina Code 16-14-10
Automated transaction: means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of any of the parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction. See South Carolina Code 26-6-20
Automatic location identification: means an enhanced 911 service capability that enables the automatic display of information. See South Carolina Code 23-47-10
Automatic number identification: means an enhanced 911 service capability that enables the automatic display of the seven-digit number used to place a 911 call. See South Carolina Code 23-47-10
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.
Baiting: means to provoke or to harass an animal with one or more animals with the purpose of training an animal for, or to cause an animal to engage in, fights with or among other animals or between animals and humans. See South Carolina Code 16-27-20
Ball: means a ball, disk, square, or other object upon which is printed a letter and number which corresponds to the letter and number of a square on a bingo card. See South Carolina Code 12-21-3920
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.
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}
Bequeath: To gift property by will.
Bequest: Property gifted by will.
Biodiesel: means a fuel composed of mono-alkyl esters of long chain fatty acids generally derived from vegetable oils or animal fats, commonly known as B100, that is commonly and commercially known or sold as a fuel that is suitable for use in a highway vehicle. See South Carolina Code 12-28-110
Biodiesel blend: means a blend of biodiesel fuel with petroleum based diesel fuel, commonly designated Bxx where xx represents the volume percentage of biodiesel fuel in the blend (for example B20 is 20 percent biodiesel, 80 percent petro diesel), and that is commonly and commercially known or sold as a fuel that is suitable for use in a highway vehicle. See South Carolina Code 12-28-110
Blaster: means a person who detonates or otherwise effects the explosion of an explosive material or who is in immediate personal charge and supervision of one or more persons who are not licensed to engage in such activity. See South Carolina Code 23-36-30
Blasting agent: means any material or mixture, consisting of fuel and oxidizer, intended for blasting not otherwise defined as an explosive. See South Carolina Code 23-36-30
Blend stock: includes any petroleum product component of gasoline, such as naphtha, reformate, or toluene, that can be blended for use in a motor fuel. See South Carolina Code 12-28-110
Blended fuel: means a mixture composed of gasoline or diesel fuel and another liquid, other than a de minimis amount of a product such as carburetor detergent or oxidation inhibitor, that can be used as a fuel in a highway vehicle. See South Carolina Code 12-28-110
Blender: includes a person who produces blended motor fuel outside the bulk transfer/terminal system. See South Carolina Code 12-28-110
Blending: means the mixing of one or more petroleum products, with or without another product, regardless of the original character of the product blended, if the product obtained by the blending is capable of use or otherwise sold for use in the generation of power for the propulsion of a motor vehicle, an airplane, or a motorboat. See South Carolina Code 12-28-110
Board: means the board of the Revenue and Fiscal Affairs Office. See South Carolina Code 23-47-10
Board: means the Board of Directors of the South Carolina Public Employee Benefit Authority. See South Carolina Code 1-11-703
Bulk plant: means a motor fuel storage and distribution facility that is not a terminal and from which motor fuel may be removed at a rack. See South Carolina Code 12-28-110
Bulk transfer: means a transfer of motor fuel from one location to another by pipeline tender or marine delivery within bulk transfer/terminal system. See South Carolina Code 12-28-110
Bus: means every motor vehicle designed for carrying more than sixteen passengers and used for the transportation of persons, for compensation, other than a taxicab or intercity bus. See South Carolina Code 12-37-2810
Cage: means a device, whether operated manually or by air blower, in which bingo balls are placed before the bingo game begins. See South Carolina Code 12-21-3920
Call: means any information, written communication, video, data, or voice that is delivered to the PSAP initiating an emergency response. See South Carolina Code 23-47-10
Caller: means the house representative who is responsible for drawing bingo balls and announcing the configuration and the result of each drawing to the players. See South Carolina Code 12-21-3920
Capital offense: A crime punishable by death.
Card: means a printed or nonprinted design on which there are arranged five horizontal rows and five vertical columns forming twenty-five squares. See South Carolina Code 12-21-3920
Cardholder: means the person or organization named on the face of a financial transaction card to whom or for whose benefit the financial transaction card is issued by an issuer. See South Carolina Code 16-14-10
Carrier: means any person transporting radioactive wastes into or within the State for storage, disposal or delivery. See South Carolina Code 13-7-120
Certification: means conforming to the regulations of the Council. See South Carolina Code 23-43-20
Certification label: means the approved form of certification by the council issued to the manufacturer that is permanently affixed to each transportable section of each factory-built modular structure for sale within the State. See South Carolina Code 23-43-20
Chambers: A judge's office.
Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
Chief administrative official: means , for property tax purposes, the official identified in § 8-13-1110(B)(6). See South Carolina Code 12-60-30
Chief executive officer: means , for property tax purposes, the official identified in § 8-13-1110(B)(5). See South Carolina Code 12-60-30
Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
Chief magistrate: means the magistrate in each county who is designated by the Chief Justice of the South Carolina Supreme Court as the chief magistrate for administrative purposes for the county which he serves. See South Carolina Code 22-8-10
Cigarette: means :

(1) any roll for smoking, made wholly or in part of tobacco or another substance, irrespective of size or shape, either flavored or unflavored, adulterated or mixed with another ingredient. See South Carolina Code 23-51-20
Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
Claim: means any cause of action in state courts, federal court, or arbitration related to a Year 2000 problem. See South Carolina Code 15-3-230
Claimant: means the person suffering personal injury. See South Carolina Code 15-32-210
Classification: means the various categories of property subject to property tax to which specific property tax assessment ratios apply. See South Carolina Code 12-60-30
clerk: as used in this title , signifies the clerk of the court where the action is pending and, in the Supreme Court or court of appeals, the clerk of the county mentioned in the title of the complaint or in another county to which the court may have changed the place of trial, unless otherwise specified. See South Carolina Code 14-1-40
clerk: as used in this title , signifies the clerk of the court where the action is pending and, in the Supreme Court or the court of appeals, the clerk of the county mentioned in the title of the complaint or in another county to which the court may have changed the place of trial, unless otherwise specified. See South Carolina Code 15-1-60
clerk: as used in this title , signifies unless the context otherwise indicates, the clerk of the court where the action is pending. See South Carolina Code 19-1-20
clerk: as used in this chapter signifies the clerk of the court where the action is pending, unless otherwise specified. See South Carolina Code 14-7-30
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.
Collateral: means an individual who is related to another individual under the law of intestate succession of this State, but who is not the other individual's ascendant or descendant. See South Carolina Code 15-61-320
Commencement date: means the last day of the property tax year during which economic development property is placed in service, except that this date must not be later than the last day of the property tax year which is three years from the year in which the county and the sponsor enter into a fee agreement. See South Carolina Code 12-44-30
Commercial buildings: means buildings such as wholesale and retail stores and storerooms, and office buildings. See South Carolina Code 23-37-10
Commercial entrance and exit door: means a hinged, pivoting, revolving, or sliding door which is glazed or to be glazed and used alone or in combination with other doors (other than doors covered by item (j) of this section), on interior or exterior walls of a commercial, public or industrial building as a means of passage, ingress or egress. See South Carolina Code 23-37-10
Commercial motor vehicle: means a motor propelled vehicle used for the transportation of property on a public highway, except for farm vehicles using FM tags as allowed by the Department of Motor Vehicles. See South Carolina Code 12-37-2810
Commission: means the Aeronautics Commission. See South Carolina Code 13-1-1000
Committee: means the South Carolina 911 Advisory Committee. See South Carolina Code 23-47-10
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.
Commonly controlled: means persons having relationships as described in Section 267(b) of the Internal Revenue Code as defined in § 12-6-40(A). See South Carolina Code 12-37-3130
Communications service: means a service capable of accessing, connecting with, or interfacing with a 911 system by dialing, initializing, or otherwise activating the system exclusively through the digits 911 by means of a local telephone device or wireless communications device. See South Carolina Code 23-47-10
Compact: means the Southern States Energy Compact;

(2) "Board" means the Southern States Energy Board. See South Carolina Code 13-7-410
Company: shall be deemed and construed to mean any person, copartnership, association, corporation, or syndicate that may own or operate, or be engaged in operating, furnishing, or leasing cars, as defined and described in this section, whether formed or organized under the laws of this State or any other State or territory. See South Carolina Code 12-37-2110
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Computer program: means a set of statements or instructions used directly or indirectly in an information processing system to bring about a certain result. See South Carolina Code 26-6-20
Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
Contents: when used with respect to any wire, oral, or electronic communication, include any information concerning the substance, purport, or meaning of that communication. See South Carolina Code 17-30-15
Continuance: Putting off of a hearing ot trial until a later time.
Contract: means the total legal obligation resulting from the agreement of the parties as affected by this chapter and other applicable law. See South Carolina Code 26-6-20
Contract: means any agreement for the delivery of goods or services in South Carolina, any agreement entered into in South Carolina for the delivery of goods or services, or any other agreement governed by the South Carolina Uniform Commercial Code. See South Carolina Code 15-3-230
Controlled substance: means a drug or substance, whether real or counterfeit, as defined in § 44-53-110, that is held, possessed, transported, transferred, sold, or offered to be sold in violation of the laws of this State. See South Carolina Code 12-21-5020
Conveyance: means the date of the transfer of an assessable transfer of interest in real property. See South Carolina Code 12-37-3130
Coroner: means the person defined in § 17-5-5(3). See South Carolina Code 25-12-20
Council: means the South Carolina Building Codes Council as established by § 6-9-60. See South Carolina Code 23-43-20
Council: means the South Carolina Crimestoppers Council. See South Carolina Code 23-50-15
County: means the county or counties in which the project is proposed to be located. See South Carolina Code 12-44-30
county board: means the board of assessment appeals which considers appeals of property tax assessments issued by the property tax assessor for the county and which also hears appeals of refund claims of property as determined by the majority of the county assessor, county auditor, and county treasurer. See South Carolina Code 12-60-30
County council: means the governing body of the county in which the economic development property is located, except as specifically provided by § 12-44-40(H). See South Carolina Code 12-44-30
Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
Crimestoppers organization: means a private, nonprofit corporation that is organized under the laws of South Carolina that is operated on a local or statewide level, that accepts and expends donations for rewards to persons who report to the organization information about suspected criminal activity, that forwards the information to the appropriate law enforcement agency, is a member of the council, and that is qualified to receive reimbursed funds pursuant to § 23-50-30. See South Carolina Code 23-50-15
Customer: means the local government subscribing to 911 service from a service supplier. See South Carolina Code 23-47-10
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Dealer: means a person engaged in the wholesale or retail business of buying and selling explosives. See South Carolina Code 23-36-30
Decedent: means a deceased person. See South Carolina Code 12-16-20
Decedent: A deceased person.
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.
Deficiency: means the amount by which the tax imposed by this chapter exceeds:

(1) the sum of:

(a) the amount shown as the tax by the taxpayer upon his return, if a return was made by the taxpayer and an amount was shown as the tax by the taxpayer thereon, plus

(b) the amounts previously assessed (or collected without assessment) as a deficiency, over

(2) the amount of any credits allowable with respect thereto. See South Carolina Code 12-16-20
Deficiency: means the amount by which a tax exceeds the amount shown on a return or report filed by a taxpayer, if any, plus the amounts previously assessed, or collected without assessment, as a deficiency. See South Carolina Code 12-60-30
Delivery: means the placing of motor fuel subject to the user fee or any liquid into the fuel tank of a motor vehicle. See South Carolina Code 12-28-110
Department: means the South Carolina Department of Revenue. See South Carolina Code 12-28-110
Department: means the Department of Revenue. See South Carolina Code 23-47-10
Department: means the South Carolina Department of Revenue. See South Carolina Code 12-21-3920
Department: means the South Carolina Department of Revenue. See South Carolina Code 12-60-30
Department: means the South Carolina Department of Revenue. See South Carolina Code 12-37-2110
Department: means the South Carolina Department of Revenue. See South Carolina Code 12-37-2410
Department: means the South Carolina Department of Revenue. See South Carolina Code 12-44-30
Department: means the Department of Health and Environmental Control, including personnel authorized to act on behalf of the Department. See South Carolina Code 13-7-120
Department determination: means the final determination within the department from which a taxpayer or a local governing body, as applicable, may request a contested case hearing before the Administrative Law Court. See South Carolina Code 12-60-30
Department representative: means the person appointed by the department to prepare the department's determination and represent the department at the contested case hearing. See South Carolina Code 12-60-30
Dependent: A person dependent for support upon another.
Dependents: include a payee's spouse and minor children and all other persons for whom the payee legally is obligated to provide support, including alimony. See South Carolina Code 15-50-20
Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
Descendant: means an individual who follows another individual in lineage, in the direct line of descent from the other individual. See South Carolina Code 15-61-320
Determination of value: means a court order determining the fair market value of heirs' property under § 15-61-360 or § 15-61-400 or adopting the valuation of the property agreed to by all cotenants. See South Carolina Code 15-61-320
Detonator: means any device containing a detonating charge that is used for initiating detonation in an explosive. See South Carolina Code 23-36-30
Devise: To gift property by will.
DGE: means the amount of liquefied natural gas containing the same energy content as one gallon of diesel. See South Carolina Code 12-28-110
Diesel fuel: means a liquid, including biodiesel and a biodiesel blend that is commonly or commercially known or sold as a fuel that is suitable for use in a diesel-powered highway vehicle. See South Carolina Code 12-28-110
Diesel-powered highway vehicle: means a motor vehicle operated on a highway that is propelled by a diesel-powered engine. See South Carolina Code 12-28-110
Director: means the director of the department. See South Carolina Code 12-60-30
Director: means the Director for the Division of Savannah Valley Development. See South Carolina Code 13-1-610
Discounted present value: means the present value of future payments determined by discounting the payments to the present using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the United States Internal Revenue Service. See South Carolina Code 15-50-20
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
Disposal facility: means any facility located within the State which accepts radioactive waste for storage or disposal. See South Carolina Code 13-7-120
Disposition: means disposal of cremated remains by placement in a tomb, mausoleum, crypt, columbarium, or by burial in a cemetery. See South Carolina Code 25-12-20
Distributor: means a person who acquires motor fuel from a supplier or from another distributor for subsequent sale or use. See South Carolina Code 12-28-110
Distributor: means a person who brings or sells bingo cards in this State and who is approved by the department. See South Carolina Code 12-21-3920
Division: means the Division of State Development. See South Carolina Code 13-1-310
Division: means the Division of Savannah Valley Development. See South Carolina Code 13-1-610
Division: means the Division of Aeronautics. See South Carolina Code 13-1-1000
Division decision: means a decision by a division of the department that affects the rights or obligations of a person for which no specific appeals rights are provided by this act. See South Carolina Code 12-60-30
Docket: A log containing brief entries of court proceedings.
Donee: The recipient of a gift.
Donor: The person who makes a gift.
Dower: A widow
Drawing: means the indiscriminate selection of a single ball from the cage. See South Carolina Code 12-21-3920
Economic damages: means pecuniary damages arising from medical expenses and medical care, rehabilitation services, costs associated with education, custodial care, loss of earnings and earning capacity, loss of income, burial costs, loss of use of property, costs of repair or replacement of property, costs of obtaining substitute domestic services, a claim for loss of spousal services, loss of employment, loss of business or employment opportunities, loss of retirement income, and other monetary losses. See South Carolina Code 15-32-210
Economic development property: means each item of real and tangible personal property comprising a project which satisfies the provisions of § 12-44-40(C) and other requirements of this chapter and is subject to a fee agreement. See South Carolina Code 12-44-30
Economic loss: means any damage for breach of contract or breach of warranty recognized under South Carolina law. See South Carolina Code 15-3-230
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
Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See South Carolina Code 26-6-20
Electronic agent: means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual. See South Carolina Code 26-6-20
Electronic communication: means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, photooptical system, or any other device that affects intrastate, interstate, or foreign commerce, but does not include:

(a) any wire or oral communication;

(b) any communication made through a tone-only paging device;

(c) any communication from an electronic or mechanical device which permits the tracking of the movement of a person or an object; or

(d) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds. See South Carolina Code 17-30-15
Electronic communication service: means any service which provides to users of the service the ability to send or receive wire or electronic communications. See South Carolina Code 17-30-15
Electronic communications system: means any wire, radio, electromagnetic, photooptical, or photoelectronic facilities for the transmission of wire or electronic communications, and any computer facilities or related electronic equipment for the electronic storage of these communications. See South Carolina Code 17-30-15
Electronic dabber: means a hand-held electronic device that allows a player to store, display, and mark bingo card faces that have been downloaded or activated as authorized by the bingo ticket. See South Carolina Code 12-21-3920
Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
Electronic record: means a record created, generated, sent, communicated, received, or stored by electronic means. See South Carolina Code 26-6-20
Electronic signature: means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See South Carolina Code 26-6-20
Electronic storage: means :

(a) any temporary intermediate storage of a wire or electronic communication incidental to the electronic transmission of the communication; or

(b) any storage of a wire or electronic communication by an electronic communication service for purposes of backup protection of such communication. See South Carolina Code 17-30-15
Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
Emergency: means any condition existing outside the bounds of nuclear operating sites owned or licensed by a federal agency and any condition existing within or outside of the jurisdictional confines of a facility licensed by the Department arising out of the handling or the transportation of radioactive waste, as hereinabove defined, which is endangering or could reasonably be expected to endanger the health and safety of the public, or to contaminate the environment. See South Carolina Code 13-7-120
Employee: includes an individual who contracts with an agency for personal services. See South Carolina Code 1-6-10
Employee: includes a resident individual receiving wages, as defined in § 12-8-520(D), for services regardless of where the services are rendered and nonresident individual receiving wages, as defined in § 12-8-520(D), for services rendered in this State. See South Carolina Code 12-8-10
Employer: means the person for whom an individual performs or performed a service, of whatever nature, as the employee of the person. See South Carolina Code 12-8-10
En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
Enhanced investment: means a project that results in a total investment:

(a) by a single sponsor investing at least one hundred fifty million dollars and creating at least one hundred twenty-five new full-time jobs at the project; provided that the new full-time jobs requirement of this subsection does not apply to a taxpayer who paid more than fifty percent of all property taxes actually collected in the county for more than twenty-five years, ending on the date of the fee agreement;

(b) by a single sponsor investing at least four hundred million dollars; or

(c) that satisfies the requirements of § 11-41-30(2)(a), and for which the Secretary of Commerce has delivered certification pursuant to § 11-41-70(2)(a). See South Carolina Code 12-44-30
Enterer: includes a person who is the importer of record under federal customs law with respect to motor fuel subject to the user fee. See South Carolina Code 12-28-110
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
Escrow: Money given to a third party to be held for payment until certain conditions are met.
ESInet: means an Emergency Services IP Network. See South Carolina Code 23-47-10
Ethanol: means "fuel grade ethanol". See South Carolina Code 12-28-110
Ex officio: Literally, by virtue of one's office.
Exchange access facility: means the access from a particular telephone subscriber's premises to the telephone system of a service supplier. See South Carolina Code 23-47-10
Executive director: means the Executive Director for the Division of Aeronautics. See South Carolina Code 13-1-1000
Executive session: A portion of the Senate's daily session in which it considers executive business.
Executor: A male person named in a will to carry out the decedent
Exemption period: means the period beginning on the first day of the property tax year after the property tax year in which an applicable piece of economic development property is placed in service and ending on the termination date. See South Carolina Code 12-44-30
Explosive: means any chemical compound, mixture, or device, the primary or intended common purpose of which is to function by explosion. See South Carolina Code 23-36-30
Explosive materials: means any explosive, blasting agent, water gel, detonator, or other item contained in the "List of Explosive Materials" published by the Bureau of Alcohol, Tobacco and Firearms (BATF). See South Carolina Code 23-36-30
Export: means to obtain motor fuel in this State for sale or other distribution in another state. See South Carolina Code 12-28-110
Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
Fair: means a recognized annual state or county fair. See South Carolina Code 12-21-3920
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Fee: means the amount paid in lieu of ad valorem property tax as provided in the fee agreement. See South Carolina Code 12-44-30
Fee agreement: means an agreement between the sponsor and the county obligating the sponsor to pay fees instead of property taxes during the exemption period for each item of economic development property as more particularly described in § 12-44-40. See South Carolina Code 12-44-30
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Fees: means monies to be paid to the council from any person engaged in the manufacture, inspection, or installation of modular building units. See South Carolina Code 23-43-20
Fiduciary: A trustee, executor, or administrator.
Fighting: means an attack with violence by an animal against another animal or a human. See South Carolina Code 16-27-20
For its own use: means for its own consumption or in the manufacture of products other than motor fuel. See South Carolina Code 12-28-110
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
foreign government: as used in this chapter shall be deemed to include any government, faction or body of insurgents within a country with which the United States is at peace, whether such government, faction or body of insurgents has or has not been recognized by the United States as a government. See South Carolina Code 25-7-10
Foreign judgment: means a judgment, decree, or order of a court of the United States or a court of another state which is entitled to full faith and credit in this State, except any orders as defined in § 63-17-2910 (the Uniform Interstate Family Support Act) or a "custody decree" as defined in § 63-15-302 (the Uniform Child Custody Jurisdiction Act). See South Carolina Code 15-35-910
Foreign subpoena: means a subpoena issued under authority of a court of record of a foreign jurisdiction. See South Carolina Code 15-47-110
Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
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}
FTC: means any instrument or device whether known as a credit card, credit plate, bank services card, banking card, check guarantee card, debit card, or by any other name, issued with or without fee by an issuer for the use of the cardholder;

(a) in obtaining money, goods, services, or anything else of value on credit;

(b) in certifying or guaranteeing to a person or business the availability to the cardholder of funds on deposit that are equal to or greater than the amount necessary to honor a draft or check payable to the order of such person or business;

(c) in providing the cardholder access to a demand deposit account or time deposit account for the purpose of:

1. See South Carolina Code 16-14-10
Full-time magistrate: means a magistrate who regularly works forty hours a week performing official duties required of a magistrate as a judicial officer. See South Carolina Code 22-8-10
Fund: means the Parks and Recreation Development Fund. See South Carolina Code 12-21-3920
game: means a specific game of chance, commonly known as bingo, in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers and symbols selected at random. See South Carolina Code 12-21-3920
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
Gasohol: means blended fuel composed of gasoline and fuel alcohol. See South Carolina Code 12-28-110
Gasoline: means all products commonly or commercially known or sold as gasoline that are suitable for use as a motor fuel. See South Carolina Code 12-28-110
Generation: means the act or process of producing radioactive wastes. See South Carolina Code 13-7-120
GGE: means the amount of compressed natural gas or liquefied petroleum gas containing the same energy content as one gallon of gasoline. See South Carolina Code 12-28-110
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Glazed: means the accomplished act of glazing. See South Carolina Code 23-37-10
Glazing: means the act of installing and securing glass or other glazing material into prepared openings in structural elements such as doors, enclosures, and panels. See South Carolina Code 23-37-10
Governmental agency: means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state. See South Carolina Code 26-6-20
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Grantor: The person who establishes a trust and places property into it.
Gross advance amount: means the sum payable to the payee or for the payee's account as consideration for a transfer of structured settlement payment rights before a reduction for transfer expenses or other deduction is made from the consideration. See South Carolina Code 15-50-20
Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
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.
Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
Hazardous locations: means those structural elements, glazed or to be glazed, in residential buildings and other structures used as dwellings, commercial buildings, industrial buildings, and public buildings, known as interior and exterior commercial entrance and exit doors and the immediately adjacent flat fixed glazed panels, sliding glass door units including the fixed glazed panels which are part of such units, storm or combination doors, shower and bathtub enclosures, primary residential entrance and exit doors and the fixed or operable adjacent sidelites, whether or not the glazing in such doors, panels and enclosures is transparent. See South Carolina Code 23-37-10
Health care institution: means an ambulatory surgical facility, a hospital, an institutional general infirmary, a nursing home, and a renal dialysis facility. See South Carolina Code 15-79-110
Health care institution: means an ambulatory surgical facility, a hospital, an institutional general infirmary, a nursing home, and a renal dialysis facility. See South Carolina Code 15-32-210
Health care provider: means a physician, surgeon, osteopath, nurse, oral surgeon, dentist, pharmacist, chiropractor, optometrist, podiatrist, or any similar category of licensed health care provider, including a health care practice, association, partnership, or other legal entity. See South Carolina Code 15-79-110
Health care provider: means a physician, surgeon, osteopath, nurse, oral surgeon, dentist, pharmacist, chiropractor, optometrist, podiatrist, or similar category of licensed health care provider, including a health care practice, association, partnership, or other legal entity. See South Carolina Code 15-32-210
Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
Highway: means all public roads, highways, streets, and ways in this State, whether within a municipality or outside of a municipality. See South Carolina Code 12-37-2810
Highway vehicle: means a self-propelled vehicle that is designed for use on a highway. See South Carolina Code 12-28-110
Hospital: means a licensed facility with an organized medical staff to maintain and operate organized facilities and services to accommodate two or more nonrelated persons for the diagnosis, treatment, and care of such persons over a period exceeding twenty-four hours and provides medical and surgical care of acute illness, injury, or infirmity and may provide obstetrical care, and in which all diagnoses, treatment, or care are administered by or performed under the direction of persons currently licensed to practice medicine and surgery in the State of South Carolina. See South Carolina Code 15-79-110
Hospital: means a licensed facility with an organized medical staff to maintain and operate organized facilities and services to accommodate two or more nonrelated persons for the diagnosis, treatment, and care of such persons over a period exceeding twenty-four hours and provides medical and surgical care of acute illness, injury, or infirmity and may provide obstetrical care, and in which all diagnoses, treatment, or care are administered by or performed under the direction of persons currently licensed to practice medicine and surgery in the State of South Carolina. See South Carolina Code 15-32-210
House: means the nonprofit organization and promoter licensed with the department. See South Carolina Code 12-21-3920
IBNR: means unpaid health claims incurred but not reported. See South Carolina Code 1-11-703
Import: means to bring motor fuel into this State for sale, use, or storage by any means of conveyance other than in the fuel supply tank of a motor vehicle. See South Carolina Code 12-28-110
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}
Independent professional advice: means advice of an attorney, certified public accountant, actuary, or other licensed professional advisor. See South Carolina Code 15-50-20
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: means a human being. See South Carolina Code 12-2-20
Individual: means a single natural person; one human being. See South Carolina Code 26-6-20
Inducement resolution: means a resolution of the county setting forth the commitment of the county to enter into a fee agreement. See South Carolina Code 12-44-30
Industrial buildings: means buildings such as factories. See South Carolina Code 23-37-10
Industrial development park: means an industrial or business park developed by two or more counties as defined in § 4-1-170. See South Carolina Code 12-44-30
Information: means data, text, images, sounds, codes, computer programs, software, databases, or other forms for the communication or reception of knowledge. See South Carolina Code 26-6-20
Information processing system: means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information. See South Carolina Code 26-6-20
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Installation: means the assembly of modular building structures on-site and the process of affixing modular buildings related components to land, a foundation, footings, utilities, or an existing building. See South Carolina Code 23-43-20
Institutional general infirmary: means a licensed facility which is established within the jurisdiction of a larger nonmedical institution and which maintains and operates organized facilities and services to accommodate two or more nonrelated students, residents, or inmates with illness, injury, or infirmity for a period exceeding twenty-four hours for the diagnosis, treatment, and care of such persons and which provides medical, surgical, and professional nursing care, and in which all diagnoses, treatment, or care are administered by or performed under the direction of persons currently licensed to practice medicine and surgery in the State of South Carolina. See South Carolina Code 15-32-210
Institutional general infirmary: means a licensed facility which is established within the jurisdiction of a larger nonmedical institution and which maintains and operates organized facilities and services to accommodate two or more nonrelated students, residents, or inmates with illness, injury, or infirmity for a period exceeding twenty-four hours for the diagnosis, treatment, and care of such persons and which provides medical, surgical, and professional nursing care, and in which all diagnoses, treatment, or care are administered by or performed under the direction of persons currently licensed to practice medicine and surgery in the State of South Carolina. See South Carolina Code 15-79-110
Inter vivos: Transfer of property from one living person to another living person.
Intercept: means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device. See South Carolina Code 17-30-15
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
Interested parties: means , with respect to a structured settlement, the payee, a beneficiary irrevocably designated under the annuity contract to receive payments following the payee's death, the annuity issuer, the structured settlement obligor, and any other party to the structured settlement that has continuing rights or obligations to receive or make payments under the structured settlement. See South Carolina Code 15-50-20
Internal Revenue Code: means the Internal Revenue Code as defined in § 12-6-40(A). See South Carolina Code 12-8-10
Internal Revenue Code: means the Internal Revenue Code as described in § 12-6-40(A). See South Carolina Code 12-16-20
Internal Revenue Code: means the Internal Revenue Code as provided in § 12-6-40(A). See South Carolina Code 12-60-30
Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
Intestate: Dying without leaving a will.
Investigative or law enforcement officer: means an officer of the State of South Carolina or political subdivision of the State, of the United States, or of any other state or political subdivision of the State, who is empowered by law to conduct on behalf of the government investigations of or to make arrests for offenses enumerated in this chapter or similar federal offenses. See South Carolina Code 17-30-15
Investment period: means the period beginning with the first day that economic development property is purchased or acquired and ending five years after the commencement date; except that for a project with an enhanced investment as described above, the period ends eight years after the commencement date. See South Carolina Code 12-44-30
Invoiced gallons: means the gallons actually billed on an invoice in payment to a supplier. See South Carolina Code 12-28-110
issuer: means the business organization or financial institution or its duly authorized agent which issues a financial transaction card. See South Carolina Code 16-14-10
Joint resolution: A legislative measure which requires the approval of both chambers.
Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
Judge of competent jurisdiction: means a circuit court judge designated by the Chief Justice of the Supreme Court of the State of South Carolina. See South Carolina Code 17-30-15
Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
Judgment creditor: means the party in whose favor a foreign judgment has been rendered. See South Carolina Code 15-35-910
Judgment debtor: means the party against whom a foreign judgment has been rendered. See South Carolina Code 15-35-910
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.
Juror: A person who is on the jury.
Large commercial motor vehicle: means a commercial motor vehicle with a gross vehicle weight of greater than twenty-six thousand pounds that is registered under the International Registration Plan or used on a highway for the transportation of property. See South Carolina Code 12-37-2810
Law enforcement agency: means the South Carolina Law Enforcement Division (SLED) or an agency of the United States if the primary responsibility of the agency is the prevention and detection of crime and if its agents and officers are empowered by law to conduct criminal investigations and to make arrests. See South Carolina Code 17-30-15
Law enforcement agency: means any state, county, municipal, or local law enforcement authority that enters into an agreement for the procurement of law enforcement support services. See South Carolina Code 23-20-20
Law enforcement provider: means any in-state or out-of-state law enforcement authority that provides law enforcement services to a law enforcement agency pursuant to this chapter. See South Carolina Code 23-20-20
Law enforcement services: means any law enforcement assistance or service performed by a certified law enforcement officer. See South Carolina Code 23-20-20
Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
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}
Legacy: A gift of property made by will.
Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
Legatee: A beneficiary of a decedent
Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
Lien: A claim against real or personal property in satisfaction of a debt.
Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
Liquid: means a substance that is liquid in excess of sixty degrees Fahrenheit and a pressure of fourteen and seven-tenths pounds a square inch absolute. See South Carolina Code 12-28-110
Local governing body: means , for property tax purposes, the governing body of a county, municipality, or other political subdivision that is entitled to receive any portion of the tax revenue generated from a property tax assessment. See South Carolina Code 12-60-30
Local government: means any political subdivision of the State with authority to establish standards and requirements applicable to the construction, installation, alteration, and repair of buildings. See South Carolina Code 23-43-20
Local government: means any city, county, or political subdivision of the State. See South Carolina Code 23-47-10
LTDI Trust Fund: means the Long Term Disability Insurance Trust Fund established pursuant to § 1-11-707 to fund benefits under the state's Basic Long Term Disability (BLTD) Income Benefit Plan. See South Carolina Code 1-11-703
Manifest: means the document used for identifying the quantity, composition, origin, and destination of radioactive waste during its transport to a disposal facility. See South Carolina Code 13-7-120
Manifest injury: means a result that is obviously unfair or shocking to the conscience and is direct, obvious, and observable when considering the factors under § 15-61-390(A). See South Carolina Code 15-61-320
manufactured home: means any residential dwelling unit constructed to standards and codes as promulgated by the United States Department of Housing and Urban Development. See South Carolina Code 23-43-20
Manufacturer: means :

(1) an entity which manufactures or produces cigarettes or causes cigarettes to be manufactured or produced with the intent to be sold in this State, including cigarettes intended to be sold in the United States through an importer;

(2) the first purchaser that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or

(3) an entity that becomes a successor of an entity described in subitem (1) or (2). See South Carolina Code 23-51-20
Manufacturer: means a person who manufactures bingo cards for use in this State and who is approved by the department. See South Carolina Code 12-21-3920
Mapping: means the development of a computerized geographical display system of roads and structures where emergency response may be required. See South Carolina Code 23-47-10
Marker: means a device which indicates the number called. See South Carolina Code 12-21-3920
Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
Master-board: means the receptacle used by the house to display balls which are drawn during the bingo game. See South Carolina Code 12-21-3920
Mathematical or clerical error: means :

(a) an error in addition, subtraction, multiplication, or division shown on a return;

(b) an incorrect use of a table provided by the department for use with a return, if the incorrect use is apparent from the existence of other information on the return;

(c) an omission of information which is required to be supplied on the return to substantiate an entry on the return; or

(d) an entry of a deduction or credit item in an amount which exceeds the statutory limit that is either:

(i) a specified monetary amount; or

(ii) a percentage, ratio, or fraction, if the items entering into the application of that limit appear on the return. See South Carolina Code 12-60-30
Medical malpractice: means doing that which the reasonably prudent health care provider or health care institution would not do or not doing that which the reasonably prudent health care provider or health care institution would do in the same or similar circumstances. See South Carolina Code 15-32-210
Medical malpractice: means doing that which the reasonably prudent health care provider or health care institution would not do or not doing that which the reasonably prudent health care provider or health care institution would do in the same or similar circumstances. See South Carolina Code 15-79-110
Minimum investment: means an investment in the project of at least two and one-half million dollars within the investment period. See South Carolina Code 12-44-30
Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
Modular building unit: means any building of closed construction, regardless of type of construction or occupancy classification, other than a mobile or manufactured home, constructed off-site in accordance with the applicable codes, and transported to the point of use for installation or erection. See South Carolina Code 23-43-20
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mortgagee: The person to whom property is mortgaged and who has loaned the money.
Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
mortuary: means as defined in § 40-19-20. See South Carolina Code 25-12-20
Motor carrier: means a person or legal entity who owns, controls, operates, manages, or leases a commercial motor vehicle, or bus for the transportation of property or persons in intrastate or interstate commerce except for scheduled intercity bus service and farm vehicles using FM tags as allowed by the Department of Motor Vehicles. See South Carolina Code 12-37-2810
Motor fuel: means gasoline, diesel fuel, substitute fuel, renewable fuel, alternative fuel, and blended fuel. See South Carolina Code 12-28-110
Motor fuel subject to the user fee: means gasoline, diesel fuel, kerosene, blended fuel, substitute fuel, alternative fuel and blends of them and any other substance blended with them. See South Carolina Code 12-28-110
Motor vehicle: means a vehicle that is propelled by an internal combustion engine or motor and is designed to permit the vehicle's mobile use on highways. See South Carolina Code 12-28-110
Mutual aid agreement: means any agreement entered into on behalf of a law enforcement agency in this State for the purpose of providing the proper and prudent exercise of public safety functions across jurisdictional lines, including, but not limited to, multijurisdictional task forces, criminal investigations, patrol services, crowd control, traffic control and safety, and other emergency service situations. See South Carolina Code 23-20-20
National cemetery: means a cemetery under the control of the United States Department of Veterans Affairs National Cemetery Administration. See South Carolina Code 25-12-20
Net advance amount: means the gross advance amount less the aggregate amount of the actual and estimated transfer expenses that must be disclosed pursuant to § 15-50-30(5). See South Carolina Code 15-50-20
Net estate: means the net estate as determined under the provisions of the Internal Revenue Code. See South Carolina Code 12-16-20
Net gallons: means the remaining product, after all considerations and deductions have been made, measured in United States gallons, corrected to a temperature of sixty degrees Fahrenheit, thirteen degrees Celsius, and a pressure of fourteen and seven-tenths pounds a square inch, the ultimate end amount. See South Carolina Code 12-28-110
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.
Noneconomic damages: means nonpecuniary damages arising from pain, suffering, inconvenience, physical impairment, disfigurement, mental anguish, emotional distress, loss of society and companionship, loss of consortium, injury to reputation, humiliation, other nonpecuniary damages, and any other theory of damages including, but not limited to, fear of loss, illness, or injury. See South Carolina Code 15-32-210
Nonprofit organization: means an entity which is organized and operated exclusively for charitable, religious, or fraternal purposes and which is exempt from federal income taxes pursuant to Internal Revenue Code Section 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8), 501(c)(10), or 501(c)(19). See South Carolina Code 12-21-3920
Nonresident: means an individual domiciled outside this State and an entity whose principal place of business is outside of this State. See South Carolina Code 12-8-10
Nursing home: means a licensed facility with an organized nursing staff to maintain and operate organized facilities and services to accommodate two or more unrelated persons over a period exceeding twenty-four hours which is operated either in connection with a hospital or as a freestanding facility for the express or implied purpose of providing skilled nursing services for persons who are not in need of hospital care. See South Carolina Code 15-32-210
Nursing home: means a licensed facility with an organized nursing staff to maintain and operate organized facilities and services to accommodate two or more unrelated persons over a period exceeding twenty-four hours which is operated either in connection with a hospital or as a freestanding facility for the express or implied purpose of providing skilled nursing services for persons who are not in need of hospital care. See South Carolina Code 15-79-110
Oath: A promise to tell the truth.
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Office: means the South Carolina Revenue and Fiscal Affairs Office. See South Carolina Code 23-47-10
Office: means the Revenue and Fiscal Affairs Office. See South Carolina Code 1-23-10
Operating account: means the health insurance program's business operating activities account maintained by the State Treasurer in which are deposited all premiums for enrollees in self-funded health plans authorized in this article, along with employer contributions for active employees covered by such self-funded health plans, and from which claims and administrative expenses of the self-funded health and dental plans administered by the employee insurance program are paid. See South Carolina Code 1-11-703
Operator: means every person who drives or is in actual physical control of a vehicle transporting radioactive waste. See South Carolina Code 13-7-120
Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
Oral communication: means any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying the expectation and does not mean any public oral communication uttered at a public meeting or any electronic communication. See South Carolina Code 17-30-15
Other structures used as dwellings: means buildings such as mobile homes, manufactured or industrialized housing and lodging homes. See South Carolina Code 23-37-10
Oversight: Committee review of the activities of a Federal agency or program.
Part-time magistrate: means a magistrate who regularly works less than forty hours a week performing official duties required of a magistrate as a judicial officer. See South Carolina Code 22-8-10
Partition by allotment: means a court-ordered partition of the heirs' property where ownership to all or a portion of the heirs' property is granted to one or more cotenants proportionate in value to their interests in the entire heirs' property parcel, with adjustments being made for payment to compensate other cotenants for the value of their respective interests in the heirs' property. See South Carolina Code 15-61-320
Partition by sale: means a court-ordered sale of the entire heirs' property, whether by auction, sealed bids, or open-market sale, conducted under § 15-61-400. See South Carolina Code 15-61-320
Partition in kind: means the division of heirs' property into physically distinct and separately titled parcels. See South Carolina Code 15-61-320
partnership: includes a limited liability company taxed for South Carolina income tax purposes as a partnership;

(2) "partner" includes a member of a limited liability company taxed for South Carolina income tax purposes as a partnership;

(3) "corporation" includes a limited liability company or professional or other association taxed for South Carolina income tax purposes as a corporation; and

(4) "shareholder" includes a member of a limited liability company taxed for South Carolina income tax purposes as a corporation. See South Carolina Code 12-2-25
Payee: means an individual who is receiving tax-free payments under a structured settlement and who proposes to make a transfer of payment rights under the settlement. See South Carolina Code 15-50-20
pen register: means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which the device is attached, but this term does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by the provider, or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business. See South Carolina Code 17-29-10
Pen register: means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which the device is attached, but the term does not include any device used by a provider or customer of a wire or electronic communication service for billing or recording as an incident to billing, for communication services provided by the provider, or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business. See South Carolina Code 17-30-15
Periodic payments: includes recurring payments and scheduled future lump-sum payments. See South Carolina Code 15-50-20
Permissive supplier: means a person who does not meet the geographic jurisdictional connections to this State required of a supplier as defined in § 12-28-920(A), but who:

(a) is a position holder in a federally qualified terminal located outside this State; or

(b) acquires a product in out-of-state terminals from a position holder in a transaction that otherwise qualifies as a two-party exchange under § 12-28-110(63); and under this subitem and subitem (a);

(c) is registered under Section 4101 of the Internal Revenue Code for transactions in taxable motor fuels in the bulk transfer/terminal distribution system. See South Carolina Code 12-28-110
Permit: means an authorization issued by the Department to any person to transport such radioactive wastes or offer such waste for transport. See South Carolina Code 13-7-120
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 15-47-110
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
Person: means every natural person or individual and any firm, partnership, association, or corporation. See South Carolina Code 16-27-20
Person: means an employee or agent of the State of South Carolina or political subdivision of the State, of the United States, or of any other state or political subdivision of the State, and any individual, partnership, association, joint stock company, trust, or corporation. See South Carolina Code 17-30-15
Person: includes an individual, trust, estate, partnership, receiver, association, company, corporation, or any other entity including the United States, a state, a political subdivision or agency of the United States or any state, and a municipality located in this State. See South Carolina Code 12-8-10
Person: means persons, corporations, associations, joint stock companies, and business trusts. See South Carolina Code 12-16-20
Person: means any natural person, partnership, association, or corporation. See South Carolina Code 23-36-30
Person: means a natural person, a partnership, a firm, an association, a corporation, a representative appointed by a court, the State, a political subdivision or any other entity, group, or syndicate. See South Carolina Code 12-28-110
Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or other legal or commercial entity. See South Carolina Code 26-6-20
Person: means any individual, corporation, firm, partnership, company or association, and includes a guardian, trustee, executor, administrator, receiver, conservator or any person acting in a fiduciary capacity therefor. See South Carolina Code 12-37-2410
Person: means any individual, corporation, firm, partnership, company or association, and includes a guardian, trustee, executor, administrator, receiver, conservator, or a person acting in a fiduciary capacity. See South Carolina Code 12-37-2810
Person: means any individual, public or private corporation, political subdivision, government agency, municipality, industry, partnership or any other entity whatsoever. See South Carolina Code 13-7-120
Person: means any individual, corporation, partnership, or other private entity capable under South Carolina law of entering into a contract as defined in item (2) of this section. See South Carolina Code 15-3-230
Personal identification code: means a numeric or alphabetical code assigned to the cardholder of a financial transaction card by the issuer to permit authorized electronic use of that FTC. See South Carolina Code 16-14-10
Personal injury: means injuries to the person including, but not limited to, bodily injuries, mental distress or suffering, loss of wages, loss of services, loss of consortium, wrongful death, survival, and other noneconomic damages and actual economic damages. See South Carolina Code 15-32-210
personal property: as used in this Title , include money, goods, chattels, things in action and evidences of debt. See South Carolina Code 15-1-40
Personal property: All property that is not real property.
Personal representative: means the personal representative of the estate of the decedent, appointed, qualified, and acting within the State, or, if there is no personal representative appointed, qualified, and acting within the State, then any person in actual or constructive possession of the South Carolina gross estate of the decedent. See South Carolina Code 12-16-20
Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
petroleum product: as used in this article means gasoline, gasohol, kerosene, diesel fuels, jet fuels, fuel oil No. See South Carolina Code 12-28-2310
Plaintiff: The person who files the complaint in a civil lawsuit.
Player: means one who participates in a game of bingo other than as an agent, promoter, or representative of the house. See South Carolina Code 12-21-3920
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.
Point of manufacture: means the place of business at which machinery, equipment, and other capital goods are assembled and operated for the purpose of fabricating, constructing, or assembling modular building units. See South Carolina Code 23-43-20
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
Position holder: means the person who holds the inventory position in motor fuel in a terminal, as reflected on the records of the terminal operator. See South Carolina Code 12-28-110
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}
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 hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
Prepaid wireless consumer: means a person or entity that purchases prepaid wireless telecommunications service in a prepaid wireless retail transaction. See South Carolina Code 23-47-10
Prepaid wireless provider: means a person or entity that provides prepaid wireless telecommunications service pursuant to a license issued by the Federal Communications Commission. See South Carolina Code 23-47-10
Prepaid wireless retail transaction: means the purchase of prepaid wireless telecommunications service from a prepaid wireless seller for any purpose other than resale. See South Carolina Code 23-47-10
Prepaid wireless seller: means a person or entity that sells prepaid wireless telecommunications service to another person or entity for any purpose other than resale. See South Carolina Code 23-47-10
Prepaid wireless telecommunications service: means any commercial mobile radio service that allows a caller to dial 911 to access the 911 system, which service must be paid for in advance and is sold in units or dollars which decline with use in a known amount. See South Carolina Code 23-47-10
Presenting: means those actions taken by a cardholder or any person to introduce a financial transaction card into an automated banking device, including utilization of a personal identification code, or merely displaying or showing a financial transaction card to the issuer, or to any person or organization providing money, goods, services, or anything else of value, or any other entity with intent to defraud. See South Carolina Code 16-14-10
President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
Private car: includes a passenger car, sleeping car, dining car, express car, refrigerator car, oil or tank car, horse or stock car, fruit car, or any car designed for the carrying of a special commodity, operated upon the railroads in this State. See South Carolina Code 12-37-2110
Privileged communication: means a statement by any person, in any manner whatsoever, to a crimestoppers organization or to the council for the purpose of reporting alleged criminal activity and a communication from a crimestoppers organization or the council relaying the information received to a law enforcement agency. See South Carolina Code 23-50-15
Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
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.
Project: means land, buildings, and other improvements on the land, including water, sewage treatment and disposal facilities, air pollution control facilities, and all other machinery, apparatus, equipment, office facilities, and furnishings which are considered necessary, suitable, or useful by a sponsor. See South Carolina Code 12-44-30
Promoter: means an individual, corporation, partnership, or organization licensed as a professional solicitor by the Secretary of State who is hired by a nonprofit organization to manage, operate, or conduct the licensee's bingo game. See South Carolina Code 12-21-3920
Promulgation: means final agency action to enact a regulation after compliance with procedures prescribed in this article. See South Carolina Code 1-23-10
property: as used in this Title , includes property, real and personal. See South Carolina Code 14-1-10
property: as used in this Title , includes both real and personal property. See South Carolina Code 15-1-50
Property tax: means ad valorem taxes on real and personal property. See South Carolina Code 12-60-30
Property tax assessment: means a valuation or determination of property value for annual property tax purposes arrived at by multiplying the fair market value or special use value of the property by the appropriate assessment ratio for the taxable property's classification. See South Carolina Code 12-60-30
Property tax assessor: means the county assessor, the county auditor, the department, or a government official who issues a property tax assessment. See South Carolina Code 12-60-30
Property tax assessor: means the county assessor, an assessor appointed to handle multiple county assessments pursuant to an intergovernmental agreement, or the Department of Revenue, as applicable. See South Carolina Code 12-37-3130
Property taxpayer: means a person who is liable for, or whose property or interest in property, is subject to, or liable for, a property tax imposed by this title. See South Carolina Code 12-60-30
Proposed assessment: means the first written notice sent or given to the taxpayer stating that a division within the department has concluded that a tax is due. See South Carolina Code 12-60-30
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Prospective payee: means an individual who is receiving tax-free payments under a structured settlement pursuant to United States Code, title 26, § 130, and who has been personally and individually solicited by and has not yet proposed to transfer all or a portion of the structured settlement payment rights to a structured settlement purchase company. See South Carolina Code 15-50-20
Protected identity: means the identity of any person reporting suspected criminal activity to a crimestoppers organization or to the council. See South Carolina Code 23-50-15
Protected information: means any records, oral, written, or recorded statements, papers, documents, or any materials utilized by a crimestoppers organization or the council in reporting suspected criminal activity or in processing such information, whether such information is in the possession of a crimestoppers organization, the council, or a law enforcement agency receiving such information from a crimestoppers organization or the council. See South Carolina Code 23-50-15
Protest: means a written appeal of a proposed assessment or a division decision made in accordance with this chapter. See South Carolina Code 12-60-30
Public buildings: means buildings such as hotels, hospitals, motels, dormitories, sanitariums, nursing homes, theatres, stadiums, gymnasiums, amusement park buildings, schools and other buildings used for educational purposes, museums, restaurants, bars, correctional institutions, places of worship, and other buildings of public assembly. See South Carolina Code 23-37-10
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
Qualified assignment agreement: means an agreement providing for a qualified assignment within the meaning of Section 130 of the United States Internal Revenue Code, United States Code Title 26. See South Carolina Code 15-50-20
Qualified nuclear plant facility: means a nuclear electric power generating plant regulated by the Nuclear Regulatory Commission and includes all real and personal property incorporated into or associated with the facility located or to be located within this State with a total minimum level of investment of one billion dollars. See South Carolina Code 12-44-30
Qualified terminal: means a qualified terminal as defined under Internal Revenue Code, regulation, and practices and which has been assigned a terminal control number by the Internal Revenue Service. See South Carolina Code 12-28-110
Quality control and quality assurance program: means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. See South Carolina Code 23-51-20
Quorum: The number of legislators that must be present to do business.
Rack: means a mechanism for delivering motor fuel from a refinery, a terminal, or a bulk plant into a railroad tank car, a transport truck, or another means of bulk transfer outside of the bulk transfer/terminal system. See South Carolina Code 12-28-110
Radioactive waste: means any and all equipment or materials which are radioactive or have radioactive contamination and which are required pursuant to any governing laws, regulations or licenses to be disposed of or stored as radioactive waste. See South Carolina Code 13-7-120
railroad: as used in this article shall include, but not be limited to, tracks, spurs, switches, terminal, terminal facilities, road beds, rights-of-way, bridges, stations, railroad cars, locomotives, or other vehicles constructed for operation over railroad tracks, crossing signs, lights, signals, storage, administration and repair buildings, and all structures and equipment which are necessary for the operation of the railroad;

(5) to exercise the power of eminent domain by and in the name of the division. See South Carolina Code 13-1-1330
Rate: means the recurring or nonrecurring rates billed by the service supplier, which represents the service supplier's recurring charges for exchange access facilities, exclusive of all taxes, fees, licenses, or similar charges. See South Carolina Code 23-47-10
Readily accessible to the general public: means , with respect to a radio communication, that the communication is not:

(a) scrambled or encrypted;

(b) transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of the communication;

(c) carried on a subcarrier or other signal subsidiary to a radio transmission;

(d) transmitted over a communications system provided by a common carrier, unless the communication is a tone-only paging system communication; or

(e) transmitted on frequencies allocated under Part 25; Subpart D, Subpart E, or Subpart F of Part 74; or Part 94 of the Rules of the Federal Communications Commission, unless, in the case of a communication transmitted on a frequency allocated under Part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio. See South Carolina Code 17-30-15
real estate: as used in this Title , are coextensive with lands, tenements and hereditaments. See South Carolina Code 14-1-20
real estate: as used in this Title are coextensive with lands, tenements and hereditaments. See South Carolina Code 15-1-30
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Real property: shall mean not only land, city, town and village lots but also all structures and other things therein contained or annexed or attached thereto which pass to the vendee by the conveyance of the land or lot;

(2) "Personal property" shall mean all things, other than real estate, which have any pecuniary value, and moneys, credits, investments in bonds, stocks, joint-stock companies or otherwise;

(3) "Moneys" or "money" shall mean gold, silver and other coin, bank bills and other bills or notes authorized to be circulated as money, whether in possession or on deposit subject to the draft of the depositor or person having the beneficial interest therein on demand;

(4) "Credits" shall mean the remainder due, or to become due, to a person, after deducting from the amount of all legal debts, claims and demands in his favor the amount of all legal debts and demands against him, whether such demands be payable in money, labor or other valuable things, but, in ascertaining such remainder, no deduction shall be made for any (a) obligation to any mutual insurance company given for insurance, (b) subscription to the capital stock of any joint-stock company, (c) taxes assessed against the person, (d) subscription to any religious, scientific, literary or charitable purpose, (e) acknowledgment of a liability not founded on a legal and valuable consideration, (f) more of any joint liability with others than the person honestly believes he will be compelled to pay, (g) contingent liability or (h) acknowledgment of a debt or liability made for the purpose of diminishing the amount of credit to be returned for taxation. See South Carolina Code 12-37-10
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 15-61-320
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 26-6-20
Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
Refiner: means a person who owns, operates, or otherwise controls a refinery within the United States. See South Carolina Code 12-28-110
Refinery: means a facility used to produce motor fuel subject to the user fee from crude oil, unfinished oils, natural gas liquids, or other hydrocarbons and from which motor fuel subject to the user fee may be removed by pipeline, by vessel, or at a rack. See South Carolina Code 12-28-110
regulation: includes general licensing criteria and conditions and the amendment or repeal of a prior regulation, but does not include descriptions of agency procedures applicable only to agency personnel; opinions of the Attorney General; decisions or orders in rate making, price fixing, or licensing matters; awards of money to individuals; policy statements or rules of local school boards; regulations of the National Guard; decisions, orders, or rules of the Board of Probation, Parole, and Pardon Services; orders of the supervisory or administrative agency of a penal, mental, or medical institution, in respect to the institutional supervision, custody, control, care, or treatment of inmates, prisoners, or patients; decisions of the governing board of a university, college, technical college, school, or other educational institution with regard to curriculum, qualifications for admission, dismissal and readmission, fees and charges for students, conferring degrees and diplomas, employment tenure and promotion of faculty and disciplinary proceedings; decisions of the Human Affairs Commission relating to firms or individuals; advisory opinions of agencies; and other agency actions relating only to specified individuals. See South Carolina Code 1-23-10
Reimbursed funds: means funds reimbursed pursuant to § 23-50-30. See South Carolina Code 23-50-15
Relative: means an ascendant, descendant, or collateral, or an individual otherwise related to another individual by blood, marriage, adoption, or law of this State other than this article, and for purposes of this article, who owned or owns an interest in the heirs' property. See South Carolina Code 15-61-320
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Remand: When an appellate court sends a case back to a lower court for further proceedings.
Removal: means a physical transfer other than by evaporation, loss, or destruction of motor fuel subject to the user fee from a terminal, manufacturing plant, customs custody, pipeline, marine vessel including barges and tankers, refinery, or any receptacle that stores motor fuel subject to the user fee. See South Carolina Code 12-28-110
Renal dialysis facility: means an outpatient facility which offers staff assisted dialysis or training and supported services for self-dialysis to end-stage renal disease patients. See South Carolina Code 15-32-210
Renal dialysis facility: means an outpatient facility which offers staff assisted dialysis or training and supported services for self-dialysis to end-stage renal disease patients. See South Carolina Code 15-79-110
Renewable fuel: means liquid nonpetroleum based fuels that can be placed in vehicle fuel tanks and used as a fuel in a highway vehicle. See South Carolina Code 12-28-110
Repeatability: means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent of the time. See South Carolina Code 23-51-20
Replacement property: means property placed under the fee agreement to replace economic development property previously subject to the fee agreement, as provided in § 12-44-60. See South Carolina Code 12-44-30
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).
Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
Resident: means a decedent who was domiciled in this State at his death. See South Carolina Code 12-16-20
Residential buildings: means buildings such as homes and apartments used as dwellings for one or more families or persons. See South Carolina Code 23-37-10
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Retail dealer: means a person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products. See South Carolina Code 23-51-20
Retailer: means a person who engages in the business of selling or distributing to the end user within this State. See South Carolina Code 12-28-110
Reviewing authority: means a panel of three judges of the South Carolina Court of Appeals designated by the Chief Judge of the South Carolina Court of Appeals. See South Carolina Code 17-30-15
Safety glazing material: means any glazing material, such as tempered glass, laminated glass, wire glass or rigid plastic, which meets the test requirements of the American National Standards Institute Standard (ANSI Standard) Z-97. See South Carolina Code 23-37-10
Sale: means delivery of an explosive with or without consideration. See South Carolina Code 23-36-30
Sale: means a transfer of title or possession, or both, exchange or barter, conditional or otherwise, in any manner, by any means, or by any agreement. See South Carolina Code 23-51-20
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
Secretary: means the Secretary of State. See South Carolina Code 15-50-20
Secretary: means the Secretary of Commerce. See South Carolina Code 13-1-310
Secretary: means the Secretary of Commerce. See South Carolina Code 13-1-610
Security procedure: means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. See South Carolina Code 26-6-20
Selective routing: means the method employed to direct 911 calls to the appropriate public safety answering point based on the geographical location from which the call originated. See South Carolina Code 23-47-10
Sell: means to sell, or to offer or agree to do the same. See South Carolina Code 23-51-20
Semitrailers: means every vehicle with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and constructed so that a part of its weight and of its load rests upon or is carried by another vehicle. See South Carolina Code 12-37-2810
Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. ^{Source: U.S. Courts}
Service of process: The service of writs or summonses to the appropriate party.
Service subscriber: means any person, company, corporation, business, association, or party not exempt from county or municipal taxes or utility franchise assessments who is provided telephone (local exchange access facility) service in the political subdivision or CMRS service or VoIP service. See South Carolina Code 23-47-10
Service supplier: means any person, company, or corporation, public or private, providing exchange telephone service, CMRS service, or VoIP service to end users. See South Carolina Code 23-47-10
Session: means a consecutive series of games which must occur only between the hours of 12:00 p. See South Carolina Code 12-21-3920
Shipper: means any person, whether a resident of South Carolina or a nonresident (1) who transports radioactive waste generated by him into or within the State; (2) who transports radioactive waste generated by another person into or within the State; or (3) who transfers radioactive waste to a carrier for transportation into or within the State; or (4) who transfers radioactive waste to another person if such wastes are transported into or within the State. See South Carolina Code 13-7-120
Site system: means a computer accounting system commonly referred to as a point of sale system used in conjunction with electronic dabbers. See South Carolina Code 12-21-3920
Skilled nursing services: means services that:

(a) are ordered by a physician;

(b) require the skills of technical or professional personnel such as registered nurses, licensed practical (vocational) nurses, physical therapists, occupational therapists, and speech pathologists or audiologists; and

(c) are furnished directly by, or under the supervision of such personnel. See South Carolina Code 15-32-210
Skilled nursing services: means services that:

(a) are ordered by a physician;

(b) require the skills of technical or professional personnel such as registered nurses, licensed practical (vocational) nurses, physical therapists, occupational therapists, and speech pathologists or audiologists; and

(c) are furnished directly by, or under the supervision of such personnel. See South Carolina Code 15-79-110
Sliding glass door units: means an assembly of glazed or to be glazed panels contained in an overall frame, installed in residential buildings and other structures used as dwellings, commercial, industrial or public buildings, and so designed that one or more of the panels is movable in a horizontal direction to produce or close off an opening for use as a means of passage, ingress or egress. See South Carolina Code 23-37-10
small business: means a commercial retail service, industry entity, or nonprofit corporation, including its affiliates, that:

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

(2) employs fewer than one hundred full-time employees or has gross annual sales or program service revenues of less than five million dollars. See South Carolina Code 1-23-270
Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
South Carolina apportionment factor: means the ratio of miles operated by a fleet of vehicles in South Carolina to the miles operated by the fleet of vehicles everywhere, which is used to apportion the registration fees of the fleet under the International Registration Plan. See South Carolina Code 12-37-2810
Special use value: means property valued pursuant to § 12-43-220(d). See South Carolina Code 12-60-30
Sponsor: means one or more entities which sign the fee agreement with the county and makes the minimum investment, subject to the provisions of § 12-44-40, each of which makes the minimum investment as provided in item (13) and also includes a sponsor affiliate unless the context clearly indicates otherwise. See South Carolina Code 12-44-30
Sponsor affiliate: means an entity that joins with or is an affiliate of a sponsor and that participates in the investment in, or financing of, a project. See South Carolina Code 12-44-30
State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, federally recognized Indian tribes, or any territory or insular possession subject to the jurisdiction of the United States. See South Carolina Code 15-47-110
State: means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any other possession or territory of the United States. See South Carolina Code 17-30-15
state: shall include any territory of the United States and the District of Columbia. See South Carolina Code 19-9-20
State: means any state, territory, or possession of the United States and the District of Columbia. See South Carolina Code 12-16-20
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 26-6-20
State: means the State of South Carolina. See South Carolina Code 13-1-310
State agency: means each state board, commission, department, executive department or officer, other than the legislature, the courts, the South Carolina Tobacco Community Development Board, or the Tobacco Settlement Revenue Management Authority, authorized by law to make regulations or to determine contested cases;

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

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

(4) "Regulation" means each agency statement of general public applicability that implements or prescribes law or policy or practice requirements of any agency. See South Carolina Code 1-23-10
State health and dental plans: means any insurance program administered by the employee insurance program pursuant to this article. See South Carolina Code 1-11-703
State 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 tax: means taxes, licenses, permits, fees, or other amounts, including interest and penalties, imposed by this title, or assessed or collected by the department, except property taxes. See South Carolina Code 12-60-30
State-covered entity: means state agencies and institutions, however described, and school districts. See South Carolina Code 1-11-703
Statute: A law passed by a legislature.
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Strategic plan: means the defined strategy of South Carolina's 911 goals and objectives and the steps necessary to achieve those goals and objectives. See South Carolina Code 23-47-10
Structured settlement: means an arrangement for periodic payment of damages for personal injuries or sickness established by settlement or judgment in resolution of a tort claim. See South Carolina Code 15-50-20
Structured settlement agreement: means the agreement, judgment, stipulation, or release embodying the terms of a structured settlement. See South Carolina Code 15-50-20
Structured settlement obligor: means , with respect to a structured settlement, the party that has the continuing obligation to make periodic payments to the payee under a structured settlement agreement or a qualified assignment agreement. See South Carolina Code 15-50-20
Structured settlement payment rights: means rights to receive periodic payments under a structured settlement, whether from the structured settlement obligor or the annuity issuer, if the:

(a) payee is domiciled in, or the domicile or principal place of business of the structured settlement obligor or the annuity issuer is located in, this State; or

(b) structured settlement agreement was approved by a court in this State; or

(c) structured settlement agreement is governed expressly by the laws of this State. See South Carolina Code 15-50-20
Structured settlement purchase company: means a person who acts as a transferee in the State and who is registered with the Secretary pursuant to § 15-50-80 through § 15-50-150. See South Carolina Code 15-50-20
Structured settlement transfer proceeding: means a court proceeding initiated by the filing of an application by a structured settlement purchase company seeking court approval of a transfer in accordance with this chapter. See South Carolina Code 15-50-20
Subpoena: means a document, however denominated, issued under authority of a court of record requiring a person to:

(a) attend and give testimony at a deposition;

(b) produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or

(c) permit inspection of premises under the control of the person. See South Carolina Code 15-47-110
Subpoena: A command to a witness to appear and give testimony.
Subpoena duces tecum: A command to a witness to produce documents.
subscriber: means a person or entity to whom exchange telephone service, either residential or commercial, is provided and in return for which the person or entity is billed on a monthly basis. See South Carolina Code 23-47-10
Substantial economic impact: means a financial impact upon:

(a) commercial enterprises;

(b) retail businesses;

(c) service businesses;

(d) industry;

(e) consumers of a product or service;

(f) taxpayers; or

(g) small businesses as defined in § 1-23-270. See South Carolina Code 1-23-10
Substitute fuel: means a liquid that is commonly and commercially known or sold as a fuel that is suitable for use in a highway vehicle. See South Carolina Code 12-28-110
summons: shall include a subpoena, order or other notice requiring the appearance of a witness. See South Carolina Code 19-9-20
Summons: Another word for subpoena used by the criminal justice system.
Supplier: means a person who meets all the following conditions:

(i) is subject to the general taxing jurisdiction of this State;

(ii) is registered under Section 4101 of the Internal Revenue Code for transactions in taxable motor fuels in the bulk transfer/terminal distribution system; and

(iii) is one of the following:

1. See South Carolina Code 12-28-110
taxes: means taxes, licenses, permits, fees, or other amounts, including interest, regulatory and other penalties, and civil fines, imposed by this title, or subject to assessment or collection by the department. See South Carolina Code 12-60-30
Taxpayer: includes a licensee and an applicant for a license, issued by or administered by the department. See South Carolina Code 12-60-30
Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
Terminal: is a storage and distribution facility for motor fuel subject to the user fee, supplied by pipeline or marine vessel, which has been registered as a qualified terminal by the Internal Revenue Service. See South Carolina Code 12-28-110
Terminal operator: is a person who owns, operates, or otherwise controls a terminal and does not use a substantial portion of the motor fuel subject to the user fee that is transferred through or stored in the terminal for its own use. See South Carolina Code 12-28-110
Termination date: means the date that is the last day of a property tax year that is no later than the twenty-ninth year following the first property tax year in which an applicable piece of economic development property is placed in service. See South Carolina Code 12-44-30
Terms of the structured settlement: include the terms of the structured settlement agreement, the annuity contract, a qualified assignment agreement, and an order or other approval of a court that approved a structured settlement agreement. See South Carolina Code 15-50-20
Testator: A male person who leaves a will at death.
Testify: Answer questions in court.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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.
Trailers: means every vehicle with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle. See South Carolina Code 12-37-2810
Transaction: means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs. See South Carolina Code 26-6-20
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.
Transfer: means the sale, assignment, pledge, hypothecation, or other alienation or encumbrance of structured settlement payment rights made by a payee for consideration; except that the term "transfer" does not include the creation or perfection of a security interest in structured settlement payment rights under a blanket security agreement entered into with an insured depository institution, in the absence of an action to redirect the structured settlement payments to the insured depository institution, or an agent or successor in interest of it, or otherwise to enforce the blanket security interest against the structured settlement payment rights. See South Carolina Code 15-50-20
Transfer agreement: means the agreement providing for a transfer of structured settlement payment rights. See South Carolina Code 15-50-20
Transfer expenses: means all expenses of a transfer that are required under the transfer agreement to be paid by the payee or deducted from the gross advance amount including, without limitation, court filing fees, attorneys' fees, escrow fees, lien recordation fees, judgment and lien search fees, finder's fees, commissions, and other payments to a broker or other intermediary. See South Carolina Code 15-50-20
Transfer order: means an order approving a transfer in accordance with this chapter. See South Carolina Code 15-50-20
Transferee: means a party acquiring or proposing to acquire structured settlement payment rights through a transfer. See South Carolina Code 15-50-20
Transmix: means the buffer or interface between two different products in a pipeline shipment or a mix of two different products within a refinery or terminal that results in an off-grade mixture. See South Carolina Code 12-28-110
Transport: means the movement of radioactive wastes into or within South Carolina. See South Carolina Code 13-7-120
Transport truck: means a semitrailer or trailer combination rig designed or used to transport liquid motor fuel over the highways. See South Carolina Code 12-28-110
Transporter: means a person engaged in the business of transporting motor fuels subject to the user fee. See South Carolina Code 12-28-110
Transuranic waste: means waste containing more than ten nanocuries of transuranic activity per gram of material. See South Carolina Code 13-7-120
trap and trace device: means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted. See South Carolina Code 17-29-10
Trap and trace device: means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or a device from which a wire or electronic communication was transmitted. See South Carolina Code 17-30-15
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
True bill: Another word for indictment.
Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
Trust fund paid premiums: means the employer premium for state health and dental plans coverage paid by the SCRHI Trust Fund on behalf of a retiree. See South Carolina Code 1-11-703
Trustee: A person or institution holding and administering property in trust.
Two-party exchange: means a transaction in which a product is transferred from one licensed supplier or licensed permissive supplier to another pursuant to an exchange agreement. See South Carolina Code 12-28-110
Ultimate purchaser: means a person who uses motor fuel subject to the user fee. See South Carolina Code 12-28-110
Unfunded actuarial accrued liability: means for any actuarial valuation the excess of the actuarial accrued liability over the actuarial value of the assets of the fund under an actuarial cost method utilized by the fund for funding purposes. See South Carolina Code 1-11-703
Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
United States: when used in a geographical sense includes only the fifty states and the District of Columbia. See South Carolina Code 12-16-20
United States Postal Service Electronic Postmark: means an electronic service provided by the United States Postal Service that provides evidentiary proof that an electronic document existed in a certain form at a certain time and the electronic document was opened or the contents of the electronic document were displayed at a time and date documented by the United States Post Office. See South Carolina Code 26-6-20
User: means any person or entity who:

(a) uses an electronic communication service; and

(b) is duly authorized by the provider of the service to engage in its use. See South Carolina Code 17-30-15
User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
Venue: The geographical location in which a case is tried.
Verdict: The decision of a petit jury or a judge.
Veteran: means a person who has:

(a) served on active duty in the uniformed military services of the United States;

(b) served on active duty in the National Guard or any organized state militia; or

(c) served in the reserve components of the uniformed military services of the United States on active duty; and

(d) was released from this service other than by dishonorable discharge. See South Carolina Code 25-12-20
Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
Wholesale dealer: means a person other than a manufacturer who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, and a person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in, at, or upon premises owned or occupied by another person. See South Carolina Code 23-51-20
Wholesaler: means a person who acquires motor fuel subject to the user fee from a supplier or from another wholesaler for subsequent sale and distribution at wholesale by tank cars, motor vehicles, or both. See South Carolina Code 12-28-110
Wire communication: means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception including the use of this connection in a switching station furnished or operated by any person engaged in providing or operating the facilities for the transmission of intrastate, interstate, or foreign communications or communications affecting intrastate, interstate, or foreign commerce. See South Carolina Code 17-30-15
Wireless communications service: includes any wireless two-way communications used in cellular telephone service, a personal communications service, or a network access line. See South Carolina Code 23-47-10
Withholding agent: means a person required to withhold income taxes under the provisions of this chapter. See South Carolina Code 12-8-10
Witnesses: as used in this chapter shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding. See South Carolina Code 19-9-20
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.

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South Carolina Code > Title 11 > Chapter 35 – South Carolina Consolidated Procurement Code

Terms Used In South Carolina Code > Title 11 > Chapter 35 - South Carolina Consolidated Procurement Code

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