§ 46-40-10 South Carolina Grain Dealers Guaranty Fund created
§ 46-40-20 Definitions
§ 46-40-30 Assessments
§ 46-40-40 State Treasurer to administer fund; presentation of claims against Southern Soya Corporation; time for filing; verification; relation to other funds; subrogation
§ 46-40-50 Loan from Insurance Reserve Fund authorized; repayment; disposition of federal funds or other funds not received from assessments
§ 46-40-60 Schedule for remitting assessments; reports; determination of amount due upon failure to remit; hearings; penalties
§ 46-40-70 Participation in fund
§ 46-40-80 Single payment restriction
§ 46-40-90 Continuation of fund; limitations on assessments; payment of claims; time limit for filing claims; verification of loss
§ 46-40-100 Administrative costs

Terms Used In South Carolina Code > Title 46 > Chapter 40

  • 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.
  • Board: means the State Board of Health and Environmental Control. See South Carolina Code 44-7-130
  • Community residential care facility: means a facility which offers room and board and provides a degree of personal assistance for two or more persons eighteen years old or older. See South Carolina Code 44-7-130
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Date of loss: means the date the debtor filed its petition for bankruptcy. See South Carolina Code 46-40-20
  • Debtor: means the Southern Soya Corporation now in bankruptcy. See South Carolina Code 46-40-20
  • Department: means the Department of Health and Environmental Control. See South Carolina Code 44-7-130
  • Department: means the South Carolina Department of Agriculture. See South Carolina Code 46-40-20
  • Dependent: A person dependent for support upon another.
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Facilities wherein abortions are performed: means a facility, other than a hospital, in which any second trimester or five or more first trimester abortions are performed in a month. See South Carolina Code 44-7-130
  • federal act: means Title VI of the United States Public Health Service Act (the Hill-Burton Construction Program); Title XVI of the United States Public Health Service Act (National Health Planning and Resources Development Act of 1974-Public Law 93-641); grants for all center and facility construction under Public Law 91-211 (community mental health centers' amendments to Title II, Public Law 88-164, Community Mental Health Centers Act); grants for all facility construction under Public Law 91-517 (developmental disabilities services and facilities construction amendments of 1970 to Part C, Title I, grants for construction of facilities for persons with intellectual disability-Public Law 88-164); and other federal programs as may exist or be enacted which provide for the construction of hospitals or related health facilities. See South Carolina Code 44-7-130
  • Felony: A crime carrying a penalty of more than a year in prison.
  • 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.
  • Freestanding or mobile technology: means medical equipment owned or operated by a person other than a health care facility for which the total cost is in excess of that prescribed by regulation and for which specific standards or criteria are prescribed in the State Health Plan. See South Carolina Code 44-7-130
  • Grain: means any feed grains or oil seeds, except cottonseeds, sold by South Carolina grain dealers. See South Carolina Code 46-40-20
  • Grain dealer: means any resident licensed by this State engaged in selling grain received from the producer or the producer's agent. See South Carolina Code 46-40-20
  • Hospital: means a facility organized and administered to provide overnight medical or surgical care or nursing care of illness, injury, or infirmity and may provide obstetrical care, and in which all diagnoses, treatment, or care is administered by or under the direction of persons currently licensed to practice medicine, surgery, or osteopathy. See South Carolina Code 44-7-130
  • 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.
  • Loss: means any monetary loss of a debtor over and beyond the amount protected by the debtor's bond and over and beyond the amount, if any, previously received for the monetary loss from the South Carolina Grain Producers Guaranty Fund or the Warehouse Receipts Guaranty Fund as a result of doing business with the debtor. See South Carolina Code 46-40-20
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nursing home: means a 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 intermediate or skilled nursing care for persons who are not in need of hospital care. See South Carolina Code 44-7-130
  • 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.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, a trust or estate, a partnership, a corporation including an association, joint stock company, insurance company, and a health maintenance organization, a health care facility, a state, a political subdivision, or an instrumentality including a municipal corporation of a state, or any legal entity recognized by the State. See South Carolina Code 44-7-130
  • 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.