S.C. Code Ann. § 25-1-2885 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2885
SECTION 25-1-2885. Accessory after the fact.
Status: in_force

Any person subject to this code who, knowing that an offense punishable by the code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment may be punished as a court-martial may direct.
S.C. Code Ann. § 25-1-2685 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2685
SECTION 25-1-2685. Service of charges on accused; time restrictions as to trial.
Status: in_force

The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. No person may, against his objection, be brought to trial or be required to participate by himself or counsel in a session called by the military judge under SECTION 25-1-2705 in a general court-martial case within a period of five days after the service of charges upon him or in a special court-martial within a period of three days after the service of charges upon him.
S.C. Code Ann. § 25-1-635 — SC Code / Title 25 / Chapter 1 / Article 5 / Section 25-1-635
SECTION 25-1-635. Legal assistance to guard members and immediate family members; scope, duties, and limitations.
Status: in_force

(A) For purposes of enhancing the readiness of National Guard personnel for mobilization or call up for state or federal service, legal assistance attorneys and judge advocates of the South Carolina National Guard who provide premobilization legal assistance and counseling to national guard personnel may also provide legal assistance and counseling to the immediate family members and dependents of members of the South Carolina National Guard when, in the opinion of the legal assistance, attorney or judge advocate, the legal assistant and counseling provided enhances the overall mobilization readiness of a member of the National Guard who has an obligation to provide for his family and dependents in his absence in the event of his mobilization. (B) Subject to the availability of resources, the scope of the practice of law and the legal assistance attorney's duties and responsibilities authorized by this section are limited to advice and service regarding the following matters: (1) Basic wills, trusts, and estate planning. Complex estate planning and drafting are not authorized by this section. Except when a legal assistance client is unable to communicate adequately, a will for one spouse may not be prepared based upon discussions with the other spouse without personal communication sufficient to establish the attorney-client relationship with the spouse for whom the will is prepared. (2) Advice concerning the legal and practical implications of divorce, legal separation, annulment, custody, and paternity. (3) Advice and document preparation, as appropriate, but not pleadings except as permitted by applicable service regulations. (4) Advice and assistance, including communication, correspondence, and negotiations with another party or lawyer, on behalf of the client, may be provided as appropriate. (5) Basic advice and assistance on federal, state, and local taxes may be provided as appropriate. Legal assistance attorneys will not prepare or sign returns. (6) Advice and assistance relating to landlord and tenant matters, including review of personal leases and communication and correspondence in behalf of the client, may be provided as appropriate. (7) Advice and appropriate assistance in connection with civil suits may be given. Procedures and requirements of small claims courts and other courts may be explained and appropriate referrals made. Except as permitted by applicable service regulations, court appearances and representation as attorney of record are not authorized by this section. (8) Advice and assistance concerning the Soldiers' and Sailors' Civil Relief Act may be provided as appropriate pertaining to the protections afforded and the effect of the act on the client. (9) Limited general advice may be provided regarding minor criminal matters and traffic offenses within the jurisdiction of the civilian courts. Serious criminal matters are not within the scope of legal assistance and will be referred to military defense counsel or private civilian attorneys, as appropriate. (10) Advice and assistance may be given on powers of attorney, real estate, bankruptcy, contracts, consumer affairs, insurance, immigration, naturalization, and other areas if not inconsistent with legal assistance regulations. Advice and assistance regarding military matters may be provided subject to the limitations stated in applicable service regulations. (C) Legal assistance is authorized for personal legal affairs only. Legal advice and assistance will not be provided regarding business ventures or regarding matters that are not of a personal nature. (D) Legal assistance duties are separate and apart from responsibilities of trial counsel, defense counsel, or others involved in processing courts-martial, nonjudicial punishments, administrative boards or proceedings, and investigations. Unless otherwise directed by the Adjutant General or his designee, legal assistance attorneys may not assume defense counsel functions for their legal assistance clients. Members accused or suspected of offenses or conduct that may result in disciplinary or judicial proceedings under Title 25, the Uniform Code of Military Justice, or administrative discharges, must be referred to a defense counsel. (E) If two or more eligible persons with conflicting interests seek legal assistance from the same legal assistance officer on the same matter, the party first establishing an attorney-client relationship will be provided representation. Other parties shall be advised that they are also eligible for assistance, but that it must be obtained from another source. Every effort will be made to refer the party with a conflicting interest to another legal assistance attorney or to a private civilian attorney. (F) Legal assistance attorneys may not advise on, assist in, or become involved with, individual interests opposed to or in conflict with the interests of the State of South Carolina or the United States without the specific approval of the Adjutant General. (G) Except when the client is unable to communicate adequately, advice or assistance will not be provided through third parties. In the absence of unusual or compelling circumstances, legal advice will not be provided over the telephone. This does not prohibit appropriate follow-up telephone discussions between the legal assistance attorney and the client. (H) The legal assistance attorney may determine that the best interests of the client will be served by referring the case to a private civilian attorney. Referral may be for a variety of reasons, including expertise of the attorney or regulations that prohibit involvement of the legal assistance attorney. Should referral to a private civilian attorney be necessary, payment of legal fees is the client's responsibility. Except as otherwise provided by law, the State will not reimburse the individual or pay any expenses associated with the referral. Legal assistance attorneys shall not refer legal assistance clients to themselves in their private practice nor to their law firm. (I) Services provided in the legal assistance program are considered an official function of the National Guard and must be provided at no cost to eligible personnel. Legal assistance attorneys, National Guard personnel, and civilian employees acting within the scope of their official duties, are exempt from personal liability for alleged negligent or wrongful acts, omissions for service, or advice rendered pursuant to the legal assistance program, so long as the attorneys, personnel, or employees neither requested nor received a fee or compensation other than their regular compensation for legal services provided to persons eligible for assistance under this section. Effect of Amendment The 2011 amendment rewrote subsection (I).
S.C. Code Ann. § 25-19-20 — SC Code / Title 25 / Chapter 19 / Section 25-19-20
SECTION 25-19-20. Commission attached to Department of Veterans' Affairs; location of commission.
Status: in_force

The commission is attached to the Department of Veterans' Affairs for logistical and staff support only and may be located in Columbia in space provided by the Department of Administration. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 25-3-30 — SC Code / Title 25 / Chapter 3 / Section 25-3-30
SECTION 25-3-30. Composition.
Status: in_force

Such force shall be composed of officers, commissioned or assigned, and enlisted persons as shall volunteer for service therein.
S.C. Code Ann. § 25-13-140 — SC Code / Title 25 / Chapter 13 / Section 25-13-140
SECTION 25-13-140. Penalty for making fraudulent claims.
Status: in_force

Any person who shall fraudulently impersonate any widow for the purpose of obtaining the benefit of the pension laws of this State or who shall knowingly make or cause to be made any false application or statement or by any false or fraudulent statement procure such statement to be made, approved or paid shall be guilty of a misdemeanor and, upon conviction, shall be punished by fine not exceeding two hundred dollars or imprisonment not exceeding six months or both, at the discretion of the court.
S.C. Code Ann. § 25-1-2970 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2970
SECTION 25-1-2970. Releasing prisoner without proper authority.
Status: in_force

Any person subject to the code who, without proper authority, releases any prisoner committed to his charge, or who through neglect or design suffers any prisoner to escape, may be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.
S.C. Code Ann. § 25-1-2170 — SC Code / Title 25 / Chapter 1 / Article 17 / Section 25-1-2170
SECTION 25-1-2170. Civil action or criminal prosecution against military personnel.
Status: in_force

No action or proceeding shall be prosecuted or maintained against a member of a military court or officer or person acting under its authority or reviewing its proceedings on account of the approval of imposition or execution of any sentence, warrant, writ process or mandate of any military court, nor shall any officer or enlisted man be liable to a civil action or criminal prosecution for any act done while in the discharge of his military duty when such act is in the line of duty.
S.C. Code Ann. § 25-7-20 — SC Code / Title 25 / Chapter 7 / Section 25-7-20
SECTION 25-7-20. Obtaining or giving information respecting national or state defense.
Status: in_force

(A) It is unlawful for a person, for the purpose of obtaining information respecting the national or state defense with intent or reason to believe that the information to be obtained is to be used to the injury of the United States or this State or to the advantage of a foreign nation to: (1) go upon, enter, fly over, or otherwise obtain information concerning any: (a) vessel, aircraft, work of defense, navy yard, naval base, submarine base, coaling station, fort, battery, torpedo station, dockyard, canal, railroad, arsenal, camp, factory, mine, telephone, telegraph, wireless or signal station, building, office, or other place connected with the national or state defense owned or constructed or in progress of construction by the United States or any of its officers or agents within this State or by this State or any of its subdivisions or agencies; or (b) place in this State in which any vessel, aircraft, arms, munitions, or other materials or instruments for use in time of war are being made, prepared, repaired, or stored under any contract or agreement with the United States or with a firm on behalf of the United States; (2) copy, take, make, or obtain or attempt, induce, or aid another to copy, take, make, or obtain any sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, document, writing, or note of anything connected with the national or state defense; (3) receive or obtain from a person or from any source whatsoever any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note of anything connected with the national or state defense knowing or having reason to believe, at the time he receives, obtains, agrees, attempts, induces, or aids another to receive or obtain it that it has been or will be obtained, taken, made, or disposed of by a person contrary to the provisions of this chapter. (B) It is unlawful for a person to: (1) have possession of, access to, control over, or be entrusted with, any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national or state defense and wilfully communicate, transmit, or attempt to communicate or transmit the same to a person not entitled to receive it or wilfully retains the same and fails to deliver it on demand to the officer or employee of the United States or this State, entitled to receive it; (2) be entrusted with or have lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, note, or information relating to the national defense or state defense through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust or to be lost, stolen, obstructed, or destroyed. (C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than three years, or both.
S.C. Code Ann. § 25-15-10 — SC Code / Title 25 / Chapter 15 / Section 25-15-10
SECTION 25-15-10. Removal of disability of minority for transactions under Servicemen's Readjustment Act of 1944.
Status: in_force

The disability of minority of any male or female veteran otherwise eligible for guaranty of a loan pursuant to the provisions of Title III, Public Law 346, 78th Congress of the United States of America, approved June 22, 1944, known as the "Servicemen's Readjustment Act of 1944," (58 Statutes at Large 284), and all acts amendatory thereto, and of the minor spouse, widow or widower of such minor male or female veteran is hereby removed solely for the purpose of acquiring, encumbering, selling and conveying property and the incurring of indebtedness or obligations incident to either or both, or the refinancing thereof, and litigating or settling controversies arising therefrom, if all or part of the obligations incident to such transaction be guaranteed by the Veterans Administration pursuant to such act and an application signed by such minor. This section shall not be construed to impose any other or greater rights or liabilities than would exist if such minor male or female veteran or such minor spouse, widow or widower were each above the age of twenty-one years. Any such minor male or female veteran or minor spouse, widow or widower shall forever be estopped to void or deny, because of his or her minority, or to interpose the defense of minority in any action brought or judgment rendered pursuant to, any conveyance or any obligation made and entered into under said Servicemen's Readjustment Act of 1944, and any acts amendatory thereto.
S.C. Code Ann. § 25-17-10 — SC Code / Title 25 / Chapter 17 / Section 25-17-10
SECTION 25-17-10. Military Museum; establishment; board members.
Status: in_force

There is established the South Carolina Military Museum, located at one or more locations in the State as selected by the State Adjutant General. The museum is governed by the South Carolina Military Museum Board composed of seven members. Five members must be appointed by the Adjutant General for terms concurrent with that of the Adjutant General. The Adjutant General and the President of the South Carolina National Guard Association shall serve as members ex officio.
S.C. Code Ann. § 25-1-960 — SC Code / Title 25 / Chapter 1 / Article 7 / Section 25-1-960
SECTION 25-1-960. Reorganization authority.
Status: in_force

In the event the structure or organization of any National Guard unit or organization is changed or reorganized by the Department of the Army, the Adjutant General shall effect such change or reorganization that is to the best interest of the National Guard. Should such change or organization subsequently make inapplicable any sections of the military code, the Adjutant General shall promulgate such appropriate rules and regulations that shall have full force and effect as the military code of State.
S.C. Code Ann. § 25-1-2925 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2925
SECTION 25-1-2925. Absence without leave.
Status: in_force

Any person, subject to this code, may be punished as a court-martial may direct if he, without authority: (1) fails to go to his appointed place of duty at the time prescribed; (2) goes from that place; or (3) absents himself or remains absent from his unit, organization, or place of duty at which he is required to be at the time prescribed.
S.C. Code Ann. § 25-17-20 — SC Code / Title 25 / Chapter 17 / Section 25-17-20
SECTION 25-17-20. Duties of board; meetings, elections, reports.
Status: in_force

The board shall hold regular meetings, prescribe rules for its operations, elect the officers necessary, establish and use any identifying seal pertaining to museum business, and make an annual report which must be included as a part of the Adjutant General's report to the Governor. For the purpose of transacting business, four members constitute a quorum. The members of the board shall serve without compensation.
S.C. Code Ann. § 25-1-3075 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3075
SECTION 25-1-3075. Statutory and common law criminal offenses in State incorporated into Code of Military Justice.
Status: in_force

All statutory and common law criminal offenses in the State of South Carolina are specifically incorporated in this code by reference and made a part of the code so that the commission of such statutory or common law criminal offense shall subject the violator to court-martial and punishment as the court-martial shall direct.
S.C. Code Ann. § 25-1-2835 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2835
SECTION 25-1-2835. Approval of findings and sentence.
Status: in_force

In acting on the findings and sentence of a court-martial, the convening authority may approve only the findings of guilty and the sentence or the part or amount of the sentence, as he finds correct in law and fact and as he in his discretion determines must be approved. Unless he indicates otherwise, approval of the sentence is approval of the findings and sentence.
S.C. Code Ann. § 25-11-30 — SC Code / Title 25 / Chapter 11 / Article 1 / Section 25-11-30
SECTION 25-11-30. Location of department; administrative support.
Status: in_force

(A) The department shall be located in Columbia in space provided by the Department of Administration. (B) The Department of Administration may provide administrative support to the department for the performance of its duties, including, but not limited to, financial accounting support, human resources administrative support, information technology shared services support, procurement services, and logistical support. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015. Editor's Note 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." Effect of Amendment 2019 Act No. 26, SECTION 3, inserted the (A) identifier; in (A), substituted "The department" for "The office of the division herein provided for"; and added (B), relating to the Department of Administration providing administrative support.
S.C. Code Ann. § 25-13-40 — SC Code / Title 25 / Chapter 13 / Section 25-13-40
SECTION 25-13-40. Duties of judge of probate.
Status: in_force

The judge of probate in each county shall be the clerk of the board of honor in his county and he shall disburse all amounts sent to him by the Comptroller General for those on the honor roll, for the county board or otherwise. He shall receive for his services twenty-five cents for each disbursement under this chapter. He shall keep a complete list of all enrolled and the amount paid or payable to each and shall take receipts from the pensioner for all such payments. In the event of the death of one enrolled he shall pay the decedent's allotment to the one paying her funeral expenses.
S.C. Code Ann. § 25-1-2875 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2875
SECTION 25-1-2875. Appellate review; finality of proceedings, findings, and sentences.
Status: in_force

The appellate review of records of trial provided by this code, the proceedings, findings, and sentences of courts-martial as approved, reviewed, or affirmed as required by the code, and all dismissals and discharges carried into execution under sentences by courts-martial following approval, review, or affirmation as required by the code are final and conclusive. Orders publishing the proceedings of courts-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies, and officers of the United States and the several states, subject only to action under SECTION 25-1-2865.
S.C. Code Ann. § 25-1-1860 — SC Code / Title 25 / Chapter 1 / Article 15 / Section 25-1-1860
SECTION 25-1-1860. Governor's proclamation to disperse.
Status: in_force

Whenever in the judgment of the Governor it may be necessary to use the military force under the provisions of SECTION 25-1-1850 the Governor shall forthwith, by proclamation, command such insurgents to disperse and retire peaceably to their respective abodes within a limited time.
S.C. Code Ann. § 25-1-2220 — SC Code / Title 25 / Chapter 1 / Article 17 / Section 25-1-2220
SECTION 25-1-2220. Transfer of enlisted men.
Status: in_force

An enlisted man may be transferred upon his own request from one unit of the National Guard of South Carolina to another by the Adjutant General.
S.C. Code Ann. § 25-11-350 — SC Code / Title 25 / Chapter 11 / Article 3 / Section 25-11-350
SECTION 25-11-350. Grant eligibility based on military status.
Status: in_force

(A) The grant applicant must show proof of the following: (1) The applicant is a member of the South Carolina National Guard or a South Carolina resident who is a member of another United States Armed Forces Reserve component, applying on behalf of the applicant's family or is a family member of that member. Proof of residency for military members consists of information obtained from the Defense Enrollment Eligibility Reporting System (DEERS). Proof of a familial relationship also consists of information obtained from DEERS. (2) The South Carolina National Guard or Reserve component member was on active military duty for at least thirty consecutive days as a result of the September 11, 2001, terrorist attacks. Proof of active duty consists of a copy of the orders issued by an authorized headquarters ordering the member to this duty and documentation showing that this duty was actually performed. Eligible active duty includes any active duty since September 11, 2001. (3) The South Carolina National Guard or Reserve component member holds a pay grade no higher than O-3, if a commissioned officer, or W-2, if a warrant officer. Individuals or families are eligible for the grant based upon rank at the time of mobilization. Proof of pay grades consists of information obtained from DEERS. (B) The following members are ineligible to receive grants: (1) all commissioned and warrant officers with pay grades of O-4 and W-3, or higher; (2) personnel serving in Active Guard/Reserve (AGR) or similar full-time unit support programs unless called to Title 10 service; (3) members who are unmarried and who have no family members enrolled in DEERS; (4) members who receive a punitive discharge or an administrative discharge with service characterized as Under Other Than Honorable Conditions. Editor's Note 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." Effect of Amendment 2019 Act No. 26, SECTION 3, reenacted the section with no apparent change.
S.C. Code Ann. § 25-1-100 — SC Code / Title 25 / Chapter 1 / Article 1 / Section 25-1-100
SECTION 25-1-100. Pension of members of National Guard wounded or disabled while in service of State.
Status: in_force

Every member of the National Guard of South Carolina who shall be wounded or disabled while on duty in the service of the State or while reasonably proceeding to or returning from such duty shall be taken care of and provided for at the expense of the State, and, if permanently disabled, shall receive the like pensions or rewards that persons under similar circumstances in the military service of the United States receive from the United States. But no pension shall be granted by the State for any disability received while in the service of the United States or while proceeding to or returning from such service. Before the name of any person is placed on the pension roll under this section proof shall be made, under such regulations as the Governor may from time to time prescribe, that the applicant is entitled to such pension.
S.C. Code Ann. § 25-1-2890 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2890
SECTION 25-1-2890. Conviction of lesser included offense.
Status: in_force

An accused may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included in the offense.
S.C. Code Ann. § 25-11-370 — SC Code / Title 25 / Chapter 11 / Article 3 / Section 25-11-370
SECTION 25-11-370. Need payment conditions and restrictions.
Status: in_force

(A) Payments to a South Carolina National Guard or Reserve component member's family pursuant to Section 25-11-340 may not exceed two thousand dollars, to include any amounts paid pursuant to provisions of Section 25-11-380 during a state fiscal year. (B) If a grant payment is to be used for the purpose of payments for food, housing, utilities, medical services or medical prescriptions, it may be noted on the application. (C) No additional applications from a member or a member's family may be accepted within one hundred eighty days from receipt of any prior applications. (D) All grants must be paid directly to the applicant. Payments must not be made directly to creditors. (E) The department may waive the requirements in subsections (A) and (C) of this section upon a written request indicating the circumstances justifying the waiver. The department may use discretion in granting or denying these requests. However, in no event may payments authorized pursuant to this section exceed three thousand dollars during any state fiscal year. Editor's Note 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." Effect of Amendment 2019 Act No. 26, SECTION 3, in (E), in the first and second sentences, substituted "The department" for "The division".
S.C. Code Ann. § 25-1-1110 — SC Code / Title 25 / Chapter 1 / Article 9 / Section 25-1-1110
SECTION 25-1-1110. Promotions under federal law.
Status: in_force

Whenever an officer is selected for promotion by a selection board convened under the provisions of federal law, he may be tendered the first available vacancy in the South Carolina Air National Guard for which he is qualified regardless of the seniority of other officers of the same grade. If he is not assigned to a suitable position vacancy in which he can be promoted, he will be discharged and transferred to the Air Force Reserve under appropriate regulations.
S.C. Code Ann. § 25-11-90 — SC Code / Title 25 / Chapter 11 / Article 1 / Section 25-11-90
SECTION 25-11-90. Roster of active duty service in certain operations and conflicts; contents.
Status: in_force

(A)(1) The department shall prepare a complete roster of all South Carolina members of the United States military who served on active duty during: (a) the Korean conflict; (b) the Vietnam conflict; (c) Operation Urgent Fury (Grenada); (d) Operation Just Cause (Panama); (e) Operations Desert Shield and Desert Storm (Iraq and Kuwait); (f) Operation Restore Hope (Somalia); (g) Operations Joint Guard, Joint Forge, and Joint Endeavor (Bosnia-Herzegovina); (h) Operation Joint Guardian (Kosovo); (i) Operation Noble Eagle (Homeland Defense); and (j) Operations Enduring Freedom and Iraqi Freedom (Afghanistan, Horn of Africa, Iraq, and Philippines). (2) This roster shall also include veterans born in South Carolina who served on active duty but may have enlisted in another state. Upon returning to South Carolina, that veteran's name must be added to the roster. (3) The list must be periodically updated to include persons who serve on active duty or are mobilized in any subsequent named military operation in which United States military personnel are engaged in armed conflict or any future war declared by the United States Congress. (B) The roster shall contain the principal items of record of all military personnel included on the roster as shown by the service cards or records in the Office of State Selective Service, the Adjutant General, and the Department of Defense of the United States. The roster must be arranged in a manner to make the information readily accessible. (C) The roster also shall contain an Order of Battle to include the name and location of assignment of every unit of the South Carolina National Guard and every active and reserve unit based in South Carolina participating in any of the conflicts listed in subsection (A). The Order of Battle must be periodically updated in conjunction with the roster. (D) The department shall secure printing of the roster, and a copy or set must be delivered to the South Carolina Department of Archives and History, Department Headquarters of the American Legion and Auxiliary, Department Headquarters of the Veterans of Foreign Wars and Auxiliary, Department Headquarters of the Disabled American Veterans, county libraries, and each county veterans' affairs service officer. Any remaining copies must be placed in the office of the department for distribution as needed. (E) The preparation and distribution of the roster is subject to the availability of funds as appropriated by the General Assembly to the department for this purpose. These rosters and their distribution must be maintained and updated based on workloads and availability of funds. (F) The inclusion of a person's name on the roster does not entitle the person to any additional benefits or any benefits for which the person would not otherwise qualify. Editor's Note 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." Effect of Amendment 2014 Act No. 121, SECTION 7.BB.3, in subsection (E), substituted "Department of Administration, Division of Veterans' Affairs" for "Governor's Office, Division of Veterans Affairs". 2019 Act No. 26, SECTION 3, in (A), inserted the (1) identifier, substituted "The department" for "The Division of Veterans Affairs", renumbered (1) to (10) as (a) to (j), and inserted the (2) and (3) identifiers; in (D), in the first and second sentences, substituted "department" for "Division of Veterans Affairs", and made nonsubstantive changes; and in (E), in the first sentence, substituted "department" for "Department of Administration, Division of Veterans' Affairs".
S.C. Code Ann. § 25-1-2320 — SC Code / Title 25 / Chapter 1 / Article 18 / Section 25-1-2320
SECTION 25-1-2320. Application for reemployment; restoration to previous position or appropriate alternative.
Status: in_force

Upon release from state duty, the employee shall make written application to his previous employer for reemployment within five days of his release from duty or from hospitalization continuing after release. If the employee is still qualified for his previous employment, he shall be restored to his previous position or to a position of like seniority, status and salary, unless the employer's circumstances now make the restoration unreasonable. If the employee is no longer qualified for his previous employment, he shall be placed in another position, for which he is qualified, and which will give him appropriate seniority, status and salary, unless the employer's circumstances now make the placement unreasonable.
S.C. Code Ann. § 25-12-70 — SC Code / Title 25 / Chapter 12 / Section 25-12-70
SECTION 25-12-70. Reimbursement by estate.
Status: in_force

The estate of the decedent is responsible for reimbursing a veterans' service organization, coroner, funeral home, funeral establishment, mortuary, and any manager of them for all reasonable expenses incurred in relation to the disposition of the cremated remains. Effect of Amendment 2014 Act No. 160, SECTION 1, inserted "coroner,".
S.C. Code Ann. § 25-1-2110 — SC Code / Title 25 / Chapter 1 / Article 17 / Section 25-1-2110
SECTION 25-1-2110. Term of enlistment.
Status: in_force

An original enlistment in the National Guard must be for a period prescribed by applicable law and regulations of the Department of Defense.
S.C. Code Ann. § 25-1-2540 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2540
SECTION 25-1-2540. Jurisdiction of courts-martial in general.
Status: in_force

Each component of the military forces has court-martial jurisdiction over all persons subject to the Code of Military Justice. The exercise of jurisdiction by one component over personnel of another component of the military forces must be in accordance with regulations prescribed by the Governor or the adjutant general.
S.C. Code Ann. § 25-1-2120 — SC Code / Title 25 / Chapter 1 / Article 17 / Section 25-1-2120
SECTION 25-1-2120. Transmission of orders for duty.
Status: in_force

Orders for duty may be oral or written. Officers and enlisted men may be warned for duty either (a) by stating the substance of the order, (b) by reading the order to the person warned, (c) by delivering a copy of such order to such person, (d) by leaving a copy of such order at his last known place of abode or business with some person of suitable age and discretion or (e) by mail directed to him at his last known place of abode or business. Orders may be transmitted by telegram or telephone. Such warnings may be given by any officer or enlisted man. The officer or enlisted man giving such warning shall, when required, make a return thereof, containing the names of persons warned and the time, place and manner of warning. Such returns shall be verified on oath and shall be prima facie evidence on the trial of any person returned as a delinquent of the facts therein stated.
S.C. Code Ann. § 25-3-140 — SC Code / Title 25 / Chapter 3 / Section 25-3-140
SECTION 25-3-140. Pay of members on active duty.
Status: in_force

When members of the South Carolina State Guard are ordered to active duty by the Governor or by his authority, they shall receive the pay as specified for officers and enlisted men of the National Guard when called out for such service.
S.C. Code Ann. § 25-1-2560 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2560
SECTION 25-1-2560. Jurisdiction of special courts-martial.
Status: in_force

1. Subject to Section 25-1-2540, special courts-martial have jurisdiction to try persons subject to this code for an offense made punishable by the code. Under limitations the Governor may prescribe, or further limitations the Adjutant General may prescribe, a special court-martial may order any of the following punishments: (1) bad-conduct discharge; (2) confinement of not more than five years; (3) a fine of not more than twenty days' pay; (4) reduction of enlisted personnel to the lowest pay grade; (5) a reprimand; (6) any combination of these punishments. 2. A sentence which imposes a bad-conduct discharge or confinement may not be adjudged unless: (a) a complete summary of the proceedings and testimony has been made by the military judge or the president of the court; (b) counsel, having the qualifications prescribed under subsection 2 of Section 25-1-2630, was detailed to represent the accused; (c) a military judge was detailed to the trial. Effect of Amendment The 2011 amendment rewrote subsection 1. 2024 Act No. 145, SECTION 8, in 1., in (2), substituted "five years" for "six months", deleted (5), which related to forfeiture of pay and allowances not to exceed twenty days' pay, and redesignated former (6) and (7) as (5) and (6), and made a nonsubstantive change in 2.
S.C. Code Ann. § 25-1-1190 — SC Code / Title 25 / Chapter 1 / Article 9 / Section 25-1-1190
SECTION 25-1-1190. Appointment of exceptionally qualified enlisted men.
Status: in_force

Whenever exceptionally well qualified enlisted men of the South Carolina Air National Guard are approved for appointment in a commissioned grade by headquarters, United States Air Force, and the National Guard Bureau, they may be appointed to the first available vacancy for which they are qualified in the South Carolina Air National Guard without regard to seniority rights specified elsewhere in this article.
S.C. Code Ann. § 25-11-10 — SC Code / Title 25 / Chapter 11 / Article 1 / Section 25-11-10
SECTION 25-11-10. Department of Veterans' Affairs created; requirements; authority.
Status: in_force

(A) The Department of Veterans' Affairs is created within the executive branch of the state government for the purpose of assisting former, present, and future members of the armed forces of the United States in securing the benefits to which they are entitled under the provisions of federal legislation and under the terms of insurance policies issued by the federal government for their benefit. Powers, duties, and functions to be vested in the department shall include all those powers, duties, and functions involving cooperation with other governmental units, such as cities and counties, or with the federal government agencies concerned with participation in federal grants-in-aid programs relating to veterans and veterans' affairs. The department shall receive advice and recommendations from a panel consisting of the Governor as chairman, the Attorney General for the purpose of giving legal advice, and the Adjutant and Inspector General. (B) The department may promulgate regulations necessary to implement the provisions of this chapter. (C) The department may apply for and accept funds, grants, gifts, and services from the State, the United States Government or any of its agencies, or any other public or private source and may use funds derived from these sources to defray clerical and administrative costs, as may be necessary for carrying out the department's duties. (D) The department shall submit an annual written report to the Governor and the General Assembly no later than December thirty-first of each year. The annual report shall describe: (1) the number, nature, and kind of cases handled by the department and by county and city veteran service officers of the State; (2) the amounts of benefits obtained for veterans; (3) the names and addresses of all certified veteran service officers of the State; (4) the current status and condition of the department's domiciliary and nursing homes, including the number of residents received and discharged during the preceding year, occupancy rates, staffing, and all receipts and expenditures from the preceding year; and (5) any actions taken by the department to implement the provisions of this subsection, including other information and recommendations as the department considers prudent or necessary. (E) The department shall administer this chapter and shall have the authority and responsibility to apply for and administer any federal programs and develop and coordinate such state programs as may be beneficial to the particular interests of the veterans of this State. Editor's Note 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." Effect of Amendment 2014 Act No. 121, SECTION 7.BB.1, substituted "is hereby created in the Department of Administration" for "in the Office of the Governor is hereby created". 2019 Act No. 26, SECTION 3, rewrote the section.
S.C. Code Ann. § 25-1-2960 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2960
SECTION 25-1-2960. Mutiny or sedition.
Status: in_force

(1) Any person subject to the code who: (A) with intent to usurp or override lawful military authority refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance, is guilty of mutiny; (B) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbance against that authority, is guilty of sedition; or (C) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition. (2) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition may be punished as a court-martial may direct.
S.C. Code Ann. § 25-1-310 — SC Code / Title 25 / Chapter 1 / Article 3 / Section 25-1-310
SECTION 25-1-310. Administration of State militia.
Status: in_force

The militia of the State not in the service of the United States shall be governed and its affairs administered pursuant to law by the Governor, as commander-in-chief, through the military department, which shall consist of the Adjutant General as its executive head, Assistant Adjutants General, and such other officers and such enlisted men and civilian employees as the Adjutant General shall from time to time prescribe.
S.C. Code Ann. § 25-3-130 — SC Code / Title 25 / Chapter 3 / Section 25-3-130
SECTION 25-3-130. Circumstances warranting call into service; law enforcement powers vested in officers.
Status: in_force

The Governor may, in case of insurrection, invasion, tumult, riot, breach of the peace or imminent danger thereof or to enforce the laws of this State order into service any part of the South Carolina State Guard that he may deem necessary. When the South Carolina State Guard is on active service, the commanding officer and his subordinates shall be, and they are hereby, invested with all the authority of, sheriffs and deputy sheriffs in enforcing the laws of this State.
S.C. Code Ann. § 25-1-2860 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2860
SECTION 25-1-2860. Vacation of suspension of sentence; hearings.
Status: in_force

Before the vacation of the suspension of a special court-martial sentence which, as approved, includes a bad-conduct discharge, or of any general court-martial sentence, the officer having special court-martial jurisdiction over the probationer shall hold a hearing on the alleged violation of probation. The probationer must be represented at the hearing by counsel if he so desires. The record of the hearing and the recommendation of the officer having special court-martial jurisdiction must be sent for action to the person exercising general court-martial jurisdiction over the probationer. If he vacates the suspension, any unexecuted part of the sentence must be executed, subject to applicable restrictions in SECTION 25-1-2855. The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
S.C. Code Ann. § 25-1-1150 — SC Code / Title 25 / Chapter 1 / Article 9 / Section 25-1-1150
SECTION 25-1-1150. Vacancy in position of chief of staff, headquarters, Air National Guard; duties of chief of staff.
Status: in_force

Whenever a vacancy occurs in the position of chief of staff, headquarters South Carolina Air National Guard it must be filled by promoting the fully qualified rated officer who has a minimum of five years commissioned service in the South Carolina Air National Guard and who is, in the opinion of the Adjutant General of South Carolina, considered to be the best qualified to fill the vacancy. Officers considered for this assignment must have served in a state status the next two years preceding the date the vacancy occurred. Active duty tours or schools of one year's duration or less shall count toward accrual of the two-year period specified in this section. In the event of federal mobilization of the majority of the South Carolina Air National Guard, the two-year requirement does not apply. The chief of staff shall supervise preparation of plans, policies, and programs for the Air National Guard units assigned to the State and advise and assist the Adjutant General in the execution of such of these plans, policies, and programs as he approves. If he is the senior Air National Guard officer in the State, he may be vested with the authority to command all Air National Guard units assigned to the State.
S.C. Code Ann. § 25-11-70 — SC Code / Title 25 / Chapter 11 / Article 1 / Section 25-11-70
SECTION 25-11-70. Duties in connection with Agent Orange Information and Assistance Program; suit for release of information.
Status: in_force

(A) The department shall assist the South Carolina Agent Orange Advisory Council and the Agent Orange Information and Assistance Program at the Division of Health and Environmental Control in carrying out the purposes of Chapter 40, Title 44. The department shall: (1) refer veterans to appropriate state and federal agencies or other available resources for treatment of adverse health conditions which may have resulted from possible exposure to chemical agents, including Agent Orange; (2) assist veterans in filing compensation claims for disabilities that may have resulted from possible exposure to chemical agents, including Agent Orange; (3) communicate the concerns of veterans related to exposure to chemical agents, including Agent Orange, to appropriate state and federal officials. (B) The department may request that the Attorney General represent a class of individuals composed of veterans who may have suffered adverse health conditions as a result of possible exposure to chemical agents, including Agent Orange, in a suit for release of information relating to the exposure to these chemicals during military service and for release of individual medical records. Editor's Note 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." Effect of Amendment 2019 Act No. 26, SECTION 3, inserted the (A) and (B) identifiers; in (A), in the first and second sentences, substituted "The department" for "The Division of Veterans' Affairs", and made a nonsubstantive change; and in (B), substituted "The department" for "The division".
S.C. Code Ann. § 25-1-3045 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3045
SECTION 25-1-3045. Forgery.
Status: in_force

Any person subject to this code who, with intent to defraud: (1) falsely makes or alters any signature to, any part of, any writing which would, if genuine, apparently impose a legal liability on another or change his legal right or liability to his prejudice; (2) utters, offers, issues, or transfers such a writing, known by him to be made or altered is guilty of forgery and may be punished as a court-martial may direct.
S.C. Code Ann. § 25-1-2915 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2915
SECTION 25-1-2915. Unlawful enlistment, appointment, or separation.
Status: in_force

Any person subject to this code who effects an enlistment or appointment in, or a separation from, the state military forces of any person who is known to him to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order may be punished as a court-martial may direct.
S.C. Code Ann. § 25-15-40 — SC Code / Title 25 / Chapter 15 / Section 25-15-40
SECTION 25-15-40. Illegal sale of official flowers of veterans' organizations.
Status: in_force

Poppies and forget-me-nots are hereby designated as the official flowers of World War veteran organizations. Any person who sells or offers to sell artificial poppies or artificial forget-me-nots in some place other than within a regular place of business for himself or for any person other than a World War veteran organization or its auxiliary, expressly designated and authorized by law to administer relief to veterans, is guilty of a misdemeanor punishable by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days. Nothing in this section shall in any way limit or interfere with the right of the governing body or law enforcement agency of any municipality of the State to enact by ordinance, resolution or otherwise regulations governing the sale of artificial flowers within such municipality provided no such regulation shall extend the right of sale by persons or for purposes other than those mentioned in this section.
S.C. Code Ann. § 25-1-2735 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2735
SECTION 25-1-2735. Pleas of accused.
Status: in_force

If an accused makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty improvidently or through lack of understanding of its meaning and effect, or if he fails or refuses to plead, a plea of not guilty must be entered in the record, and the court shall proceed as though he had pleaded not guilty. With respect to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge, or by a court-martial without a military judge, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court even though the plea of guilty is withdrawn prior to the announcement of the sentence.
S.C. Code Ann. § 25-7-40 — SC Code / Title 25 / Chapter 7 / Section 25-7-40
SECTION 25-7-40. Gathering information for an enemy.
Status: in_force

Whoever in time of war, with intent that the same shall be communicated to the enemy, shall collect, record, publish or communicate or attempt to elicit any information with respect to (a) the movement, numbers, description, condition or disposition of any of the armed forces, ships, aircraft or war materials of the United States or this State, (b) the plans or conduct or supposed plans or conduct of any naval or military operations or (c) any works or measures undertaken for, connected with or intended for the fortification or defense of any place or any other information relating to the public defense which might be useful to the enemy shall be punished by death or by imprisonment for not more than thirty years.
S.C. Code Ann. § 25-3-20 — SC Code / Title 25 / Chapter 3 / Section 25-3-20
SECTION 25-3-20. Governor may call State Guard into duty.
Status: in_force

Whenever any part of the National Guard of this State is ordered into Federal service so as to cause the State to be, in the opinion of the Governor, without proper defense, the Governor may call the South Carolina State Guard into state duty.
S.C. Code Ann. § 25-15-30 — SC Code / Title 25 / Chapter 15 / Section 25-15-30
SECTION 25-15-30. Improper use of emblems of the American Legion and other service organizations.
Status: in_force

It shall be unlawful for any person other than a member of the American Legion, the American Legion Auxiliary, the Sons of the American Legion or La Societe des 40 Hommes et 8 Chevaux (Forty and Eight) and the Disabled American Veterans of the World War in good standing wilfully to wear a button which is the official insignia or emblem of any of such organizations. Any wilful violation of the provisions of this section shall subject the offender to a fine of not exceeding one hundred dollars or imprisonment not exceeding thirty days.
S.C. Code Ann. § 25-1-2840 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2840
SECTION 25-1-2840. Disposition of records after review by convening authority.
Status: in_force

When the convening authority has taken final action in a general court-martial case, he shall send the entire record, including his action thereon and the opinion of the state judge advocate, to the Attorney General for review. If the sentence of a special court-martial as approved by the convening authority includes a bad-conduct discharge, whether or not suspended, the record must be sent to the person exercising general court-martial jurisdiction. If the sentence as approved by the person exercising general court-martial jurisdiction includes a bad-conduct discharge, whether or not suspended, the record must be sent to the state judge advocate for review. The opinion of the state judge advocate must be given in writing within thirty days. All other special and summary court-martial records must be reviewed by the state judge advocate or legal officer of appropriate component of the military forces. The opinion of the state judge advocate or legal officer must be given in writing within thirty days.
S.C. Code Ann. § 25-1-2730 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2730
SECTION 25-1-2730. Double jeopardy.
Status: in_force

No person may, without his consent, be tried a second time for the same offense. No proceeding in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed. A proceeding which, after the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this section.
S.C. Code Ann. § 25-1-1440 — SC Code / Title 25 / Chapter 1 / Article 11 / Section 25-1-1440
SECTION 25-1-1440. Adjutant General's caisson; maintenance and care.
Status: in_force

The Adjutant General's Office shall expend from appropriated money each year any necessary and reasonable expenses associated with the maintenance and care of the Adjutant General's caisson. The Adjutant General may make its caisson available for the funeral of dignitaries and military-oriented activities and events. The Adjutant General may accept donations for the expenses associated with maintenance and care of the caisson. Excess money from donations may be carried forward each fiscal year by the Adjutant General to be used strictly for future costs associated with the maintenance and care of the caisson.
S.C. Code Ann. § 25-1-3080 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3080
SECTION 25-1-3080. Courts of inquiry.
Status: in_force

Courts of inquiry to investigate any matter of concern to the military forces may be convened by the Governor or Adjutant General for that purpose, whether or not the persons involved have requested such an inquiry. A court of inquiry consists of three or more commissioned officers. For each court of inquiry the convening authority shall also appoint counsel for the court. Any person subject to this code whose conduct is subject to inquiry must be designated as a party. Any person subject to this code or employed by or for the military forces, who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party must be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence. Members of a court of inquiry may be challenged by a party, but only for cause stated to the court. The members, counsel, the reporter, and the interpreters of courts of inquiry shall take an oath to faithfully perform their duties. Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial. Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority. Each court of inquiry shall keep a record of its proceedings, which must be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record may not be authenticated by the president, it must be signed by a member in lieu of the president. If the record may not be authenticated by the counsel for the court, it must be signed by a member in lieu of the counsel.
S.C. Code Ann. § 25-11-75 — SC Code / Title 25 / Chapter 11 / Article 1 / Section 25-11-75
SECTION 25-11-75. Appointment of additional claims representative.
Status: in_force

(A) The secretary shall appoint an additional claims representative within the department, who, in addition to being charged with the duty of assisting all veterans, regardless of the wars in which their service may have been rendered, in filing, presenting, and prosecuting to final determination all claims which they have for money compensation, hospitalization, training, and insurance benefits under the terms of federal legislation, shall also specialize in the specific needs and diseases associated with veterans of the Vietnam era. The person appointed as a claims representative under this section must be versed in federal legislation relating to these matters and the rules, regulations, and practice of the Veterans Administration as created by Congress. (B) Subject to the direction of the secretary, and in addition to other duties prescribed in this section, the claims representative appointed pursuant to this section may represent the department on the South Carolina Agent Orange Advisory Council and on the Hepatitis C Coalition established by the South Carolina Department of Health and Environmental Control, assist the department in carrying out its duties in connection with the Agent Orange Information and Assistance program, represent the secretary in connection with functions relating to Vietnam veterans, and perform other duties as may be assigned by the secretary. (C) The position created by this section is a classified position subject to Article 3, Chapter 11, Title 8 of the 1976 Code. In the general appropriations act for fiscal year 2001-2002 and thereafter, the General Assembly shall add the position in the budget for the department and provide for its funding. Editor's Note 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." Effect of Amendment 2019 Act No. 26, SECTION 3, inserted the paragraph identifiers; in (A), in the first sentence, substituted "The secretary" for "The Director of the Division of Veterans Affairs", "department" for "Division of Veterans Affairs", and "veterans" for "ex-servicemen"; in (B), substituted "secretary" for "director" in three places, and substituted "department" for "Division of Veterans Affairs" in two places; and in (C), in the second sentence, substituted "department" for "Division of Veterans Affairs".
S.C. Code Ann. § 25-1-3110 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3110
SECTION 25-1-3110. Immunity for action of military courts or boards.
Status: in_force

No action or proceeding in any state or federal court may be maintained against any member of the military forces acting under the authority or apparent authority of this code. This section may not be construed to bar any action or proceeding by any person who is not made subject to the Code of Military Justice under the provisions of SECTION 25-1-2430.
S.C. Code Ann. § 25-11-80 — SC Code / Title 25 / Chapter 11 / Article 1 / Section 25-11-80
SECTION 25-11-80. State veterans' cemeteries.
Status: in_force

(A) For the purposes of this section: (1) "State veterans' cemetery" means a cemetery that the department establishes under this section. (2) "Immediate family" means those family members who are eligible for burial in a department national cemetery. (B) The department may establish one or more cemeteries in the State for the burial of veterans and their immediate families. (C) The department may accept land, in the name of the State, or otherwise acquire land for a state veterans' cemetery, if the department has the approval of: (1) the governing body of the county where the state veterans' cemetery is to be located; (2) the delegation in the General Assembly for the county where the state veterans' cemetery is to be located; and (3) the Governor. (D) The department shall maintain and supervise each state veterans' cemetery. (E)(1) Subject to the limitations in this section, the department shall provide a plot in a state veterans' cemetery, without charge, to an applicant who meets the requirements of this section. (2) In the order in which the department receives the applications for plots, the department shall allot a plot in the state veterans' cemetery that is closest to the residence of the veteran and has an available plot. (F)(1) To qualify for a plot in a state veterans' cemetery, the applicant must be a veteran or a member of the immediate family of a veteran who meets the requirements of this subsection. (2) The veteran must have an honorable discharge from the Armed Forces. (G) To obtain a plot in a state veterans' cemetery, an applicant shall submit to the department an application on the form that the department provides. (H) In a plot that is allotted to a veteran, the department shall bury: (1) the veteran; and (2) any member of the immediate family of the veteran if the family member can be buried in a space above or below the veteran. (I)(1) The department shall bury the veteran without charge. (2) For burial of a member of the immediate family, the department may: (a) set a fee that does not exceed the cost of burial; or (b) accept, from the social security burial allowance, an amount that does not exceed the cost of the burial. (J) The department shall keep a registry of the graves of veterans who are buried in the state veterans' cemeteries. Editor's Note 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." Effect of Amendment The 2008 amendment, in subparagraph (F)(3)(b), added "or eligible family member"; and, in subparagraph (F)(3)(c), substituted "five years" for "twenty years". 2014 Act No. 121, SECTION 7.BB.2, in subsection (C)(3), substituted "Department of Administration" for "Budget and Control Board". 2019 Act No. 26, SECTION 3, in (A), substituted "For the purposes of" for "In"; in (C)(3), substituted "the Governor" for "the Department of Administration"; substituted "department" for "Division of Veterans Affairs" and "division" throughout the section; and made nonsubstantive changes. 2024 Act No. 153, SECTION 1, in (F), deleted (3), which related to residency requirements.
S.C. Code Ann. § 25-1-3120 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3120
SECTION 25-1-3120. Oaths of members of court.
Status: in_force

The trial counsel of a general or special court-martial shall administer to the members of the court, before they proceed upon any trial, the following oath or affirmation: "You, A.B., swear (or affirm) that you will well and truly try to determine, according to the evidence, the matter now before you between the State of South Carolina, and the person to be tried and that you will duly administer justice, without partiality, favor, or affection according to the provisions of the rules and articles for the government of the National Guard of South Carolina and if any doubt should arise, not explained by these articles, then according to your conscience, and the best of your understanding, do you further swear (or affirm) that you will not divulge the findings or sentence of the court until they shall be published by the proper authority, except to the trial counsel; neither will you disclose the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof as a witness by a court of justice in due course of law. So help you God."
S.C. Code Ann. § 25-1-1420 — SC Code / Title 25 / Chapter 1 / Article 11 / Section 25-1-1420
SECTION 25-1-1420. Unlawful purchase or receipt of military property.
Status: in_force

If any person knowingly purchases or receives in pawn or pledge any military property of the State or of the United States he shall be guilty of a misdemeanor and, upon conviction thereof, shall be sentenced to imprisonment for a period not exceeding one year, or fined not exceeding one thousand dollars, or to both such fine and imprisonment.
S.C. Code Ann. § 25-1-4020 — SC Code / Title 25 / Chapter 1 / Article 21 / Section 25-1-4020
SECTION 25-1-4020. Purpose and application of article.
Status: in_force

This article is intended to expand and supplement the rights, benefits, and protections of the federal Servicemembers Civil Relief Act, 50 U.S.C. Section 3901, et seq. Nothing in this article may be construed as a restriction or limitation on the rights, benefits, and protections granted to a servicemember pursuant to federal law. A violation of the federal Servicemembers Civil Relief Act, 50 U.S.C. Section 3901, et seq., constitutes a violation of this article. The provisions of this article related to contractual agreements or obligations shall apply to any applicable contract entered into, extended, or amended on or after July 1, 2019. Editor's Note 2019 Act No. 23, SECTION 3, provides as follows: "SECTION 3. This act takes effect upon approval by the Governor and applies to contracts entered into on or after that date."
S.C. Code Ann. § 25-1-2820 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2820
SECTION 25-1-2820. Forwarding record to state judge advocate.
Status: in_force

The adjutant general shall refer the record of each general court-martial to the state judge advocate, who shall submit his written opinion to the convening authority. If final action of the court has resulted in an acquittal of all charges and specifications, the opinion must be limited to questions of jurisdiction.
S.C. Code Ann. § 25-1-2240 — SC Code / Title 25 / Chapter 1 / Article 17 / Section 25-1-2240
SECTION 25-1-2240. Proceedings in case of death.
Status: in_force

In case of the death of any member of the South Carolina National Guard, his commanding officer shall immediately secure all his effects then in camp or military quarters and shall, in the presence of two other officers, make an inventory thereof which he shall transmit to the office of the Adjutant General.
S.C. Code Ann. § 25-1-1630 — SC Code / Title 25 / Chapter 1 / Article 13 / Section 25-1-1630
SECTION 25-1-1630. Leasing of training facilities not owned by State or United States.
Status: in_force

All training facilities and all property, real or personal, used by the National Guard and not owned by the State or the United States shall be leased or rented to this State upon such terms and conditions as shall be approved by the Adjutant General.
S.C. Code Ann. § 25-1-540 — SC Code / Title 25 / Chapter 1 / Article 5 / Section 25-1-540
SECTION 25-1-540. Text of oath for officers.
Status: in_force

The oath of office for commissioned and warrant officers in the National Guard of South Carolina shall be substantially as follows: "I __________ do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of South Carolina against all enemies foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and the Governor of South Carolina; that I make this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office of __________ in the National Guard of the United States and of South Carolina upon which I am about to enter, so help me God."
S.C. Code Ann. § 25-1-3100 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3100
SECTION 25-1-3100. Redress for damages to property.
Status: in_force

Whenever complaint is made to any commanding officer that damage or loss of property has occurred, either negligently or intentionally, of the State or of an individual, he may, subject to such regulations as the adjutant general may prescribe, convene a board to investigate the complaint. The board shall consist of from one to three commissioned officers and, for the purpose of that investigation, it has power to summon witnesses and examine them upon oath, to receive depositions or other documentary evidence and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and in the amount approved by him must be charged against the pay of the offenders. The order of the commanding officer directing charges authorized by this section is conclusive, except as provided in the third paragraph of this section, on any disbursing officer for the payment by him to the injured parties of the damages so assessed and approved. If the offenders may not be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be made in such proportion as may be considered just upon the individual members who are shown to have been present at the scene at the time the damages complained of were inflicted, as determined by the approved findings of the board. Any person subject to this code who is accused of causing wilful damage to property has the right to be represented by counsel, to summon witnesses in his behalf and to cross-examine those appearing against him. Appeal may be taken only to the next higher authority who may approve or disapprove the findings or assess a smaller amount.
S.C. Code Ann. § 25-11-40 — SC Code / Title 25 / Chapter 11 / Article 1 / Section 25-11-40
SECTION 25-11-40. County veterans affairs officers; appointment and removal; training and accreditation.
Status: in_force

(A) For the purpose of this section, "veteran" means a person who served on active duty in the armed forces of the United States and who was honorably discharged or released from such service due to a service-connected disability. (B) Subject to the recommendation of a majority of the Senators representing the county and a majority of the House members representing the county, the secretary shall appoint a county veterans' affairs officer for each county in the State, whose term of office shall begin July first of each odd-numbered year and shall continue for a term of two years and until a successor shall be appointed. Qualifications shall be determined by the county legislative delegation upon a majority vote of the Senators representing the county and a majority of the House members representing the county. A county veterans' affairs officer is an at-will employee of the department, subject to removal for cause at any time by the secretary, a majority of the Senators representing the county, and a majority of the House members representing the county. (C) All county veterans' affairs officers must successfully complete a comprehensive course of training and be issued accreditation within one year following initial appointment, either through the department or through an accredited national veterans' service organization. A training council from the South Carolina Association of County Veterans' Affairs Officers, in conjunction with the department or through an accredited national veterans' service organization, shall develop the training criteria. Training and accreditation must be provided by the department or through an accredited national veterans' service organization. A county veterans' affairs officer who does not complete the required training and receives accreditation within the first year following appointment is ineligible for reappointment by the county legislative delegation. Additionally, in order to maintain accreditation, refresher training is required yearly. (D) In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996. Editor's Note By a Ordinance No. 96-5-15, dated October 2, 1996, the Berkeley County Council has notified the Code Commissioner that it accepts the responsibility and authority for making the appointments provided in Act 159 of 1995 which were formerly made by the Berkeley County Legislative Delegation pursuant to the authority of this section. By Resolution 96-07, dated July 15, 1996, the Dorchester County Council has notified the Code Commissioner that it accepts the responsibility and authority for making the appointments provided in Act 512 of 1996 which were formerly made by the Dorchester County Legislative Delegation pursuant to the authority of this section. By a resolution dated August 13, 1996, the Georgetown County Council has notified the Code Commissioner that it accepts the responsibility and authority for making the appointments provided in Act 515 of 1996 which were formerly made by the Georgetown County Legislative Delegation pursuant to the authority of this section. 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." 2019 Act No. 26, SECTION 5, provides as follows: "SECTION 5. This act takes effect July 1, 2019. County veterans' affairs officers serving on or before the effective date of Section 25-11-40(B), as amended by this act, are not subject to the revised qualifications provided in this section." Effect of Amendment 2019 Act No. 26, SECTION 3, rewrote the section.
S.C. Code Ann. § 25-9-590 — SC Code / Title 25 / Chapter 9 / Article 6 / Section 25-9-590
SECTION 25-9-590. Compensation for special law enforcement officers.
Status: in_force

Compensation for special law enforcement officers must be made in accordance with the Emergency Management Assistance Compact.
S.C. Code Ann. § 25-11-100 — SC Code / Title 25 / Chapter 11 / Article 1 / Section 25-11-100
SECTION 25-11-100. South Carolina Military Affairs Advisory Council.
Status: in_force

(A) There is hereby established the South Carolina Military Affairs Advisory Council for the purpose of sustaining and expanding the military presence in South Carolina. The council shall coordinate with military communities to support mission readiness for installations and improve the quality of life for service members and their families. The council shall coordinate efforts among the public and the private sectors to maintain the significant presence of the United States Department of Defense and the United States Department of Homeland Security in South Carolina. The council shall advise the secretary, Governor, and the General Assembly on any issues and strategies related to military base closures, realignments, and mission changes. (B)(1) The council shall be comprised of the following members or their designees: (a) South Carolina Adjutant General; (b) Secretary of the South Carolina Department of Commerce; (c) Executive Director of the South Carolina Chamber of Commerce; (d) Chief Executive Officer of the Aiken Chamber of Commerce; (e) Chief Executive Officer of the Beaufort Chamber of Commerce; (f) Chief Executive Officer of the Charleston Metro Chamber of Commerce; (g) Chief Executive Officer of the Columbia Chamber of Commerce; (h) Chief Executive Officer of the Sumter Chamber of Commerce; (i) Chairperson of the Aiken County Council; (j) Chairperson of the Beaufort County Council; (k) Chairperson of the Berkeley County Council; (l) Chairperson of the Dorchester County Council; (m) Chairperson of the Charleston County Council; (n) Chairperson of the Richland County Council; (o) Chairperson of the Sumter County Council; (p) Chairperson of the Edgefield County Council; (q) Mayor of North Augusta; (r) Mayor of Beaufort; (s) Mayor of Charleston; (t) Mayor of Columbia; (u) Mayor of North Charleston; (v) Mayor of Port Royal; (w) Mayor of Sumter; (x) one or more members of the Senate or the House of Representatives appointed by the Governor; and (y) six at-large members appointed by the Governor who have demonstrated experience in one or more of the following areas: economic development, defense industry, military installation operation, environmental issues, finance, local government, or senior military leadership, of whom: (i) five shall represent, respectively, the five military counties of Aiken, Beaufort, Charleston, Richland, and Sumter, and each shall reside in the military county that he is appointed to represent; and (ii) the sixth at-large member shall serve as the task force chairman. (2) The secretary may designate any one of the members of the council as its vice chairman. (C) Staff support and other resources as necessary may be provided through funding by the General Assembly and/or other resources, which shall be administered by the department to assist the council in carrying out the directives of this section. (D) The council's executive committee shall consist of the chairman; vice chairman, if any; Adjutant General, or his designee; Secretary of Commerce, or his designee; and the five at-large council members who represent the five military counties of Aiken, Beaufort, Charleston, Richland, and Sumter. (E) The council executive committee shall also act as an executive advisory committee to the secretary and the General Assembly on various military matters that affect this State and shall coordinate an annual meeting between the secretary, Governor, military commanders, and General Assembly members geographically representing military communities to discuss items of interest to all parties and exchange pertinent information on the current climate and challenges facing our state's military installations and their personnel. (F) Upon the approval of the secretary, the council may pursue specialists to provide information and assistance, develop strategic plans, and assist in executing strategies to support military installations and their related military communities to maximize the potential for increased investment by the United States Department of Defense or other defense-related federal agencies and defense-related businesses in this State. (G) The council shall convene no less than once every calendar year at such times as requested by the council's chairperson, secretary, or the Governor. (H) Members of the executive committee shall be recommended by the county legislative delegation to the Governor for consideration for appointment. Editor's Note 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." Effect of Amendment 2025 Act No. 31, SECTION 1, rewrote the section.
S.C. Code Ann. § 25-3-50 — SC Code / Title 25 / Chapter 3 / Section 25-3-50
SECTION 25-3-50. Civil organization, society or club enlisted as unit.
Status: in_force

No civil organization, society, club, post, order, fraternity, association, brotherhood, body, union, league or other combination of persons or civil group shall be enlisted in such force as an organization or unit.
S.C. Code Ann. § 25-1-3015 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3015
SECTION 25-1-3015. Operating vehicle under influence of intoxicating liquor or controlled substance; reckless driving.
Status: in_force

Any person subject to this code who operates any vehicle while under the influence of intoxicating liquors or any controlled substance, or in a reckless or wanton manner, may be punished as a court-martial may direct. Any person subject to this code who negligently hazards, or allows to be hazarded, any vehicle of the military forces may be punished as a court-martial may direct.
S.C. Code Ann. § 25-19-60 — SC Code / Title 25 / Chapter 19 / Section 25-19-60
SECTION 25-19-60. Compensation of commission members; funding of commission.
Status: in_force

The members of the commission shall receive the mileage, per diem, and subsistence provided by law for members of state boards, committees, and commissions for each meeting attended. The commission shall receive funding as may be provided by the General Assembly in the annual general appropriations act necessary for carrying out the commission's functions.
S.C. Code Ann. § 25-1-445 — SC Code / Title 25 / Chapter 1 / Article 4 / Section 25-1-445
SECTION 25-1-445. Entry into area under curfew.
Status: in_force

(A) The Director of the South Carolina Emergency Management Division shall develop a system by which a person who transports goods or services, or assists in ensuring their availability, and a person who assists in the restoration of utility or other services can be certified as such for the purpose of reentry into an area subject to a state or local curfew. The certification system shall be included in the State Emergency Plan. (B) Before certification, the employer must be in good standing with the South Carolina Secretary of State as a bona fide company doing business in South Carolina. The employer's status may be verified on the website maintained by the South Carolina Secretary of State. A certification of the employer constitutes a certification of the employer's employees. (C) Notwithstanding the existence of any curfew, a person who is certified pursuant to this section shall be allowed to reenter or remain in the curfew area for the limited purpose of transporting goods or services or assisting in the restoration of utility or other services. Nothing in this section shall prohibit law enforcement or local officials from denying access to an area in order to preserve, protect, or sustain the life, health, safety, or economic well-being of a person or property or from granting access as otherwise deemed necessary. (D) Nothing in this section shall limit the Governor's authority, when an emergency has been declared, to set, alter, or exceed the terms of any curfew.
S.C. Code Ann. § 25-1-2765 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2765
SECTION 25-1-2765. Voting and rulings.
Status: in_force

Voting by members of a general or special court-martial on the findings and on the sentence must be by secret written ballot. The junior member of the court shall count the votes. The count must be checked by the president, who shall forthwith announce the result of the ballot to the members of the court and then the military judge. The military judge shall rule upon all questions of law and all interlocutory questions, arising during the proceedings. Any ruling made by the military judge upon any question of law or any interlocutory question other than the factual issue of mental responsibility of the accused upon any question of law other than a motion for a finding of not guilty is final and constitutes the ruling of the court. However, the military judge may change his ruling at any time during the trial. Before a vote is taken on the findings, the military judge shall, in the presence of the accused and counsel, instruct the members of the court as to the elements of the offense and charge them: (1) that the accused must be presumed to be innocent until his guilt is established by legal and competent evidence beyond reasonable doubt; (2) that in the case being considered, if there is a reasonable doubt as to the guilt of the accused, the doubt must be resolved in favor of the accused and he must be acquitted; (3) that if there is a reasonable doubt as to the degree of guilt, the finding must be in a lower degree as to which there is no reasonable doubt; (4) that the burden of proof of establishing the guilt of the accused beyond reasonable doubt is upon the State. This section does not apply to a court-martial composed of a military judge only. The military judge of such a court-martial shall determine all questions of law and fact arising during the proceedings, and, if the accused is convicted, adjudge an appropriate sentence. The military judge of such a court-martial shall make a general finding and shall in addition on request find the facts specially. If an opinion or memorandum of decision is filed, it is sufficient if the findings of fact appear in it. Effect of Amendment 2024 Act No. 145, SECTION 11, in the first undesignated paragraph, in the first sentence, deleted ", and by members of a court-martial without a military judge upon questions of challenge" following "sentence", and in the third sentence, added "and then the military judge" at the end; in the second undesignated paragraph, in the first sentence, deleted "and, except for questions of challenge, the president of a court-martial without a military judge," following "The military judge", in the second sentence, deleted ", or by the president of a court-martial without a military judge" following "of the accused", and in the third sentence, deleted "or the president of a court-martial without a military judge" following "military judge"; and in the third undesignated paragraph, deleted "or the president of a court-martial without a military judge" following "military judge".
S.C. Code Ann. § 25-1-2720 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2720
SECTION 25-1-2720. Oaths.
Status: in_force

Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, reporters, and interpreters shall take an oath to perform their duties faithfully.
S.C. Code Ann. § 25-1-2200 — SC Code / Title 25 / Chapter 1 / Article 17 / Section 25-1-2200
SECTION 25-1-2200. Pay of National Guard on active duty.
Status: in_force

Whenever the National Guard or any part thereof shall be ordered to active State duty the officers, warrant officers and enlisted men shall, during the period of such active duty, receive the same pay and allowances as provided for the active Armed Forces of the United States.
S.C. Code Ann. § 25-1-2825 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2825
SECTION 25-1-2825. Reconsideration of ruling; correction of record.
Status: in_force

If a specification before a court-martial has been dismissed on motion and the ruling does not amount to a finding of not guilty, the convening authority may return the record to the court for reconsideration of the ruling and any further appropriate action. Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. In no case, however, may the record be returned: (1) for reconsideration of a finding of not guilty of any specification, or a ruling which amounts to a finding of not guilty; (2) for reconsideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge, which sufficiently alleges a violation of some section of this code; (3) for increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.
S.C. Code Ann. § 25-11-20 — SC Code / Title 25 / Chapter 11 / Article 1 / Section 25-11-20
SECTION 25-11-20. Secretary of Department of Veterans' Affairs; requirements; recommendations; removal; duties.
Status: in_force

(A) For the purpose of carrying on this work the Governor shall appoint, with the advice and consent of the Senate, a secretary of the department, who is charged with the duty of assisting all veterans, regardless of the wars in which their service may have been rendered, in filing, presenting, and prosecuting to final determination all claims which they have for money compensation, hospitalization, training, and insurance benefits under the terms of federal legislation. (B) The secretary must be a veteran, as defined in Section 25-11-40, who is well versed in federal legislation relating to these matters and the rules, regulations, and practice of the Veterans Administration as created by Congress. (C) Before the appointment, the Governor shall receive a recommendation from (1) the executive committee of the American Legion, Department of South Carolina, (2) the Veterans of Foreign Wars of the United States, Department of South Carolina, and (3) the Disabled American Veterans. The Governor is not required to appoint the person recommended. The secretary is subject to removal by the Governor pursuant to the provisions of Section 1-3-240(B). (D) The secretary's duties shall include: (1) working with federal officials to obtain additional federal resources and coordinate veterans policy development and information exchange; (2) coordinating with appropriate state agencies to ensure that available federal and state resources are directed toward assisting veterans and addressing all issues of mutual concern to the State and the armed forces of the Unites States, including quality of life issues unique to South Carolina's military personnel and their families, quality of educational opportunities for military children, transportation needs, substance abuse, and social service needs; (3) monitoring and enhancing efforts to provide assistance and support for veterans living in South Carolina and members of the South Carolina National Guard and South Carolina residents in the armed forces reserves not in active federal service in the areas of medical care, mental health and rehabilitative services, housing, homelessness prevention, job creation, and education; (4) settling claims, actions, causes of action, and legal proceedings brought against the department or its employees acting within the scope of their employment; (5) accepting donations and gifts of property or grants of money on behalf of the department in compliance with the law; (6) initiating the promulgation of regulations; (7) performing other such functions as may be necessary to supervise, direct, conduct, and administer the daily duties of the department as authorized by law or by rules and policies; and (8) submitting an annual report to the Governor and the General Assembly, pursuant to Section 25-11-10(D). Editor's Note 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." Effect of Amendment 2019 Act No. 26, SECTION 3, rewrote the section.
S.C. Code Ann. § 25-3-190 — SC Code / Title 25 / Chapter 3 / Section 25-3-190
SECTION 25-3-190. Force not subject to service of United States.
Status: in_force

Nothing in this chapter shall be construed as authorizing such force, or any part thereof, to be called, ordered or in any manner drafted, as such, into the military service of the United States, but no person shall by reason of his enlistment or commission in any such force be exempted from military service under any law of the United States.
S.C. Code Ann. § 25-1-3125 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3125
SECTION 25-1-3125. Oath of trial counsel and reporter.
Status: in_force

When the oath or affirmation has been administered to the members of a general or special court-martial the president of the court shall administer to the trial counsel an oath in the following form: "Do you, A.B., swear (or affirm) that you will not divulge the findings or sentence of the court to any but the proper authority until they shall be duly disclosed by the same. So help you God." Every reporter of the proceedings of a court-martial shall, before entering upon his duties, make oath or affirmation in the following form: "Do you swear (or affirm) that you will faithfully perform the duties of reporter to this court. So help you God."
S.C. Code Ann. § 25-1-3090 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3090
SECTION 25-1-3090. Text of Code of Military Justice; availability to member of military forces.
Status: in_force

A complete text of the Code of Military Justice and of the regulations prescribed by the code must be made available to any member of the military forces, upon his request, for his personal examination.
S.C. Code Ann. § 25-7-100 — SC Code / Title 25 / Chapter 7 / Section 25-7-100
SECTION 25-7-100. Arrests without warrant.
Status: in_force

If any person is arrested under SECTION 25-7-90 without a warrant, a warrant shall be obtained by the arresting officer, from a proper officer, within forty-eight hours after such arrest and commitment.
S.C. Code Ann. § 25-3-60 — SC Code / Title 25 / Chapter 3 / Section 25-3-60
SECTION 25-3-60. Officers' oath.
Status: in_force

The oath to be taken by officers commissioned in such force shall be substantially in the form prescribed for officers of the National Guard, substituting the words "South Carolina State Guard" where necessary.
S.C. Code Ann. § 25-1-2610 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2610
SECTION 25-1-2610. Who may serve on courts-martial.
Status: in_force

(1) Any officer off or on duty with the military forces is eligible to serve as a member on all courts-martial for the trial of any person who may lawfully be brought before such courts for trial. (2) Any enlisted member of the military forces who is not a member of the same unit as the accused is eligible to serve on general and special courts-martial for the trial of any enlisted member of the military forces who may lawfully be brought before such courts for trial, but he may serve as a member of a court only if, before the conclusion of a session called by the military judge prior to trial or, in the absence of such a session, before the court is assembled for the trial of the accused, the accused personally has requested, in writing that enlisted members serve on it. After such a request, the accused may not be tried by a general or special court-martial, the membership of which does not include enlisted members in a number comprising at least one-third of the total membership of the court, unless eligible members cannot be obtained on account of physical conditions or military exigencies. If such members may not be obtained, the court may be assembled and the trial held without them, but the convening authority shall make a detailed written statement, to be appended to the record, stating why they could not be obtained. In this subsection, the word "unit" means any regularly organized body of the military forces not larger than a company, a squadron, or a body corresponding to one of them. (3) When it can be avoided, no person subject to the Code of Military Justice may be tried by a court-martial composed of any members who are junior to him in rank or grade. (4) When convening a court-martial, the convening authority shall detail as members such members of the military force as, in his opinion, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of the military forces is eligible to serve as a member of a general or special court-martial when he is the accuser or a witness for the prosecution or has acted as investigation officer or as counsel in the same case.
S.C. Code Ann. § 25-11-380 — SC Code / Title 25 / Chapter 11 / Article 3 / Section 25-11-380
SECTION 25-11-380. Military status grant conditions and restrictions.
Status: in_force

(A) All grants pursuant to Section 25-11-350 must be a flat rate of five hundred dollars unless the number of requests and fund balance necessitate a lesser amount as determined by the department. (B) South Carolina National Guard or Reserve component members' families may receive a grant only one time in each fiscal year and only one time for each active duty order. (C) All grants must be paid directly to the applicant. Payments must not be made directly to creditors. Editor's Note 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." Effect of Amendment 2019 Act No. 26, SECTION 3, in (A), substituted "department" for "division" at the end.
S.C. Code Ann. § 25-1-2980 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2980
SECTION 25-1-2980. Noncompliance with procedural rules.
Status: in_force

Any person, subject to this code may be punished as a court-martial may direct, if he: (1) is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under the code; (2) knowingly and intentionally fails to enforce or comply with any provision of this code regulating the proceedings before, during, or after trial of an accused.
S.C. Code Ann. § 25-1-610 — SC Code / Title 25 / Chapter 1 / Article 5 / Section 25-1-610
SECTION 25-1-610. Discharge of officers.
Status: in_force

The Governor may discharge any commissioned or warrant officer of the organized militia of South Carolina for any of the following reasons: (1) Upon muster out of the organization to which such officer is assigned; (2) acceptance of resignation of such officer; (3) removal of his actual residence to such distance from the station of his command as to render it impracticable for him to perform the duties of his office; or (4) failure to qualify or to maintain qualification for Federal recognition.
S.C. Code Ann. § 25-1-2865 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2865
SECTION 25-1-2865. Remission or suspension of sentence.
Status: in_force

The Governor or a convening authority may remit or suspend any part of amount of the unexecuted part of any sentence, including all uncollected fines. The Adjutant General may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial. Effect of Amendment 2024 Act No. 145, SECTION 15, in the first undesignated paragraph, substituted "fines" for "forfeitures", and in the second undesignated paragraph, substituted "Adjutant General" for "adjutant general".
S.C. Code Ann. § 25-1-510 — SC Code / Title 25 / Chapter 1 / Article 5 / Section 25-1-510
SECTION 25-1-510. Appointment, qualifications, and tenure.
Status: in_force

All commissioned and warrant officers of the South Carolina National Guard shall be appointed and commissioned or warranted by the Governor. No person must be appointed and commissioned or warranted unless he meets federal requirements for the appointment. Effect of Amendment 2025 Act No. 55, SECTION 2, in the second sentence, substituted "he meets federal requirements" for "he is a citizen of the United States and meets federal residency requirements"; and deleted the last two sentences relating to age requirements and retaining commissions.
S.C. Code Ann. § 25-1-120 — SC Code / Title 25 / Chapter 1 / Article 1 / Section 25-1-120
SECTION 25-1-120. Military corporations; membership; purposes; powers; tax exemption; use of armories; sales of alcoholic beverages; application process.
Status: in_force

(A) The officers, the enlisted personnel, or the officers and enlisted personnel or support groups of an organization or unit of the National Guard of South Carolina may organize themselves into a corporation for social purposes and for the purpose of holding, acquiring, and disposing of that property, real and personal, which the military organizations may possess or acquire. The corporation may not engage in business and may not be required to pay a filing or license fee to the State. (B) These organizations may include: (1) enlisted, officer, or all-ranks clubs; (2) family support groups; (3) auxiliary organizations; (4) service branch organizations; (5) battalion, brigade, or unit fund organizations; or (6) other such organizations that provide support to personnel and their families. (C) Organizations incorporated pursuant to this section are exempt from filing returns with the South Carolina Department of Revenue to the same extent they are exempt from filing returns with the Internal Revenue Service. (D) The corporations may raise funds and provide services, if retained funds are used for unit support, eleemosynary causes, or charitable purposes within their charter. The organizations may use armory or National Guard facilities, if there is no expense to the government. When any area of National Guard facilities is used, the National Guard and State shall have access to that area as needed or practical, and the use of that area by the corporation is not exclusive. Any sale of alcoholic beverages must conform to the limitations of sales under other provisions of law, except that sales within the unit, and not for profit, do not require licensing by the State. (E) The Adjutant General and the Secretary of State shall coordinate and make provisions to standardize applications for incorporation. Incorporation may not be made under this article without the approval of the Adjutant General and the State Judge Advocate. All accounts and documents of the corporation organized under this article must be available for inspection and review by the Adjutant General. Effect of Amendment The 2011 amendment inserted the subsection identifiers; inserted subsection (C); in subsection (E), in the second sentence, substituted "Incorporation may not" for "No incorporation may"; and made other nonsubstantive changes.
S.C. Code Ann. § 25-3-160 — SC Code / Title 25 / Chapter 3 / Section 25-3-160
SECTION 25-3-160. Service on request of Governor of another state.
Status: in_force

Notwithstanding the provisions of SECTION 25-3-150, upon the request of the Governor of another state, the Governor of this State may, in his discretion, order any portion of or all of such force to assist the military or police force of such other state who are actually engaged in defending such state. Such force may be recalled by the Governor at his discretion. Any service so rendered to any other state shall not be at the expense of this State.
S.C. Code Ann. § 25-1-50 — SC Code / Title 25 / Chapter 1 / Article 1 / Section 25-1-50
SECTION 25-1-50. Rules and regulations.
Status: in_force

The Governor or the adjutant general shall promulgate regulations not inconsistent with law as he may consider necessary to carry out the provisions of this chapter.
S.C. Code Ann. § 25-1-2715 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2715
SECTION 25-1-2715. Challenges.
Status: in_force

The military judge and members of a general or special court-martial may be challenged by the accused or the trial counsel for cause stated to the court. The military judge or, if none, the court, shall determine the relevancy and validity of challenges for cause, and may not receive a challenge to more than one person at a time. Challenges by the trial counsel shall ordinarily be presented and decided before those by the accused are offered. Each accused and the trial counsel are entitled to one peremptory challenge, but the military judge may not be challenged except for cause.
S.C. Code Ann. § 25-9-510 — SC Code / Title 25 / Chapter 9 / Article 6 / Section 25-9-510
SECTION 25-9-510. Purpose of article.
Status: in_force

The purpose of this article is to provide procedures for the use of out-of-state officers who are deployed to the State of South Carolina in accordance with the provisions of the Emergency Management Assistance Compact, which is codified in Section 25-9-420. The use of out-of-state law enforcement personnel pursuant to the Emergency Management Assistance Compact is designed solely for situations when South Carolina's law enforcement resources have been exhausted or will be exhausted subsequent to a declaration of a state of emergency or disaster by the Governor of the State of South Carolina.
S.C. Code Ann. § 25-1-2755 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2755
SECTION 25-1-2755. Depositions.
Status: in_force

At any time after charges have been signed, as provided in SECTION 25-1-2660, any party may take oral or written depositions unless the military judge or court-martial without a military judge hearing the case, or if the case is not being heard, an authority competent to convene a court-martial for the trial of those charges, forbids it for a good cause. If a deposition is to be taken before charges are referred for trial, an authority may designate commissioned officers to represent the prosecution and the defense and may authorize those officers to take the deposition of any witness. The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition. Depositions may be taken before, and authenticated by, any military or civil officer authorized by the laws of this State or by the laws of the place where the deposition is taken to administer oaths. A duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence before any court-martial or in any proceeding before a court of inquiry, if it appears that: (1) the witness resides or is beyond the State or beyond the distance of one hundred miles from the place of trial or hearing; (2) the witness by reason of death, age, sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process or other reasonable cause, is unable or refuses to appear to testify in person at the place of trial or hearing; (3) the present whereabouts of the witness is unknown.
S.C. Code Ann. § 25-1-1850 — SC Code / Title 25 / Chapter 1 / Article 15 / Section 25-1-1850
SECTION 25-1-1850. Authority of Governor to order out National Guard when laws may not be enforced by judicial proceedings.
Status: in_force

Whenever, by reason of unlawful obstructions, combinations or assemblages of persons or rebellion against the authority of the government of this State, it shall become impracticable, in the judgment of the Governor to enforce by the ordinary course of judicial proceedings the laws of the State within any county or counties of the State, the Governor may call forth the National Guard of the State or such parts thereof as he may deem necessary to enforce the faithful execution of the laws or to suppress such rebellion.
S.C. Code Ann. § 25-9-520 — SC Code / Title 25 / Chapter 9 / Article 6 / Section 25-9-520
SECTION 25-9-520. Definitions.
Status: in_force

As used in this article: (1) "Special law enforcement officer" means a law enforcement officer of a member state to the Emergency Management Assistance Compact who meets the qualifications set forth in this chapter and is deployed to the State of South Carolina upon a request for assistance pursuant to Article III(B) of the Emergency Management Assistance Compact. (2) "Home agency" means the agency or law enforcement entity where the special law enforcement officer is currently employed.
S.C. Code Ann. § 25-13-80 — SC Code / Title 25 / Chapter 13 / Section 25-13-80
SECTION 25-13-80. Enrollment books shall be kept by clerk of court.
Status: in_force

The township enrollment books shall be by the clerks of the court of the several counties in which the respective townships are located, together with the county enrollment book, safely kept as permanent record books of his office.
S.C. Code Ann. § 25-1-440 — SC Code / Title 25 / Chapter 1 / Article 4 / Section 25-1-440
SECTION 25-1-440. Additional powers and duties of Governor during declared emergency.
Status: in_force

(a) The Governor, when an emergency has been declared, as the elected Chief Executive of the State, is responsible for the safety, security, and welfare of the State and is empowered with the following additional authority to adequately discharge this responsibility: (1) issue emergency proclamations and regulations and amend or rescind them. These proclamations and regulations have the force and effect of law as long as the emergency exists; (2) declare a state of emergency for all or part of the State if he finds a disaster or a public health emergency, as defined in Section 44-4-130, has occurred, or that the threat thereof is imminent and extraordinary measures are considered necessary to cope with the existing or anticipated situation. A declared state of emergency shall not continue for a period of more than fifteen days without the consent of the General Assembly; (3) suspend provisions of existing regulations prescribing procedures for conduct of state business if strict compliance with the provisions thereof would in any way prevent, hinder, or delay necessary action in coping with the emergency; (4) utilize all available resources of state government as reasonably necessary to cope with the emergency; (5) transfer the direction, personnel, or functions of state departments, agencies, and commissions, or units thereof, for purposes of facilitating or performing emergency services as necessary or desirable; (6) compel performance by elected and appointed state, county, and municipal officials and employees of the emergency duties and functions assigned them in the State Emergency Plan or by Executive Order; (7) direct and compel evacuation of all or part of the populace from any stricken or threatened area if this action is considered necessary for the preservation of life or other emergency mitigation, response, or recovery; to prescribe routes, modes of transportation, and destination in connection with evacuation; and to control ingress and egress at an emergency area, the movement of persons within the area, and the occupancy of premises therein; (8) within the limits of any applicable constitutional requirements and when a major disaster or emergency has been declared by the President to exist in this State: (i) request and accept a grant by the federal government to fund financial assistance to individuals and families adversely affected by a major disaster, subject to terms and conditions as may be imposed upon the grant but only upon his determination that the financial assistance is essential to meet disaster-related expenses or serious needs that may not be met otherwise from other means of assistance; (ii) enter into an agreement with the federal government, through an officer or agency thereof, pledging the State to participate in the funding of the financial assistance authorized in subitem (i) of this item, under a ratio not to exceed twenty-five percent of the assistance; (iii) make financial grants to meet disaster-related, necessary expenses or serious needs of individuals or families adversely affected by a major disaster which may not otherwise be adequately met from other means of assistance. No individual or family may receive grants aggregating more than ten thousand dollars with respect to any single major disaster subject to the limitations contained in subitem (ii) of this item. The ten thousand-dollar limit annually must be adjusted to reflect changes in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the United States Department of Labor; and (iv) promulgate necessary regulations for carrying out the purposes of this item; (9) authorize, by executive order, a party to exceed the terms of a curfew if: (i) the party is a business that sells emergency commodities, an employee of a business that sells emergency commodities, or a local official; and (ii) exceeding the terms of the curfew is necessary to ensure emergency commodities are available to the public. As defined in this section, an emergency commodity means a commodity needed to sustain public health and well-being as determined by a local authority. Nothing in this section may be construed to supersede the authority of the Governor under Section 25-1-440; (10) by executive order, authorize operators of solid waste disposal facilities to extend operating hours to ensure the health, safety, and welfare of the general public. (b) The Governor is responsible for the development and coordination of a system of Comprehensive Emergency Management that includes: (1) provisions for mitigation, preparedness, response, and recovery in anticipated and actual emergency situations; (2) an incident management system that establishes procedures for response and recovery operations at all levels of government from the municipality, special purpose district, through the county to the State, according to the incident scene location. (c)(1) Any person who fraudulently or wilfully makes a misstatement of fact in connection with an application for financial assistance made available pursuant to item (8) of subsection (a) upon conviction of each offense, must be fined not more than five thousand dollars or imprisoned for not more than one year, or both. (2) Any person who knowingly violates any regulation promulgated pursuant to item (8) of subsection (a) is subject to a civil penalty of not more than two thousand dollars for each violation. (3) A grant recipient who misapplies financial assistance made available by item (8) of subsection (a) is subject to a civil penalty in an amount equal to one hundred fifty percent of the original grant amount. (d)(1) The Governor must appoint the Public Health Emergency Plan Committee, consisting of representatives of all state agencies relevant to public health emergency preparedness, and, in addition, a licensed physician from the private sector specializing in infectious diseases, a hospital infection control practitioner, a medical examiner, a coroner from an urban county or the coroner's designee, a member of the judiciary, and other members as may be considered appropriate. (2) Prior to the declaration of a public health emergency, the Governor must consult with the Public Health Planning Committee and may consult with any public health agency and other experts as necessary. Nothing herein shall be construed to limit the Governor's authority to act without such consultation when the situation calls for prompt and timely action. (e) The state of public health emergency must be declared by an executive order that indicates the nature of the public health emergency, the areas that are or may be threatened, and the conditions that have brought about the public health emergency. In addition to the powers and duties provided in this article and in Article 7, Chapter 3 of Title 1, the declaration of a state of public health emergency authorizes implementation of the provisions of Chapter 4 of Title 44, the Emergency Health Powers Act. The declaration authorizes the deployment and use of any resources and personnel including, but not limited to, local officers and employees qualified as first responders, to which the plans apply and the use or distribution of any supplies, equipment, materials, and facilities assembled, stockpiled, or arranged to be made available pursuant to this act. Effect of Amendment The 2008 amendment, in subsection (a), added paragraphs (9) and (10) respecting authorization of parties exceeding the terms of a curfew and the extension of operating hours of waste disposal facilities; and, in subsection (b), added the paragraph designators, substituted "that includes:" for "which must include" in the first sentence, and added paragraph (2) respecting an incident management system.
S.C. Code Ann. § 25-12-50 — SC Code / Title 25 / Chapter 12 / Section 25-12-50
SECTION 25-12-50. Disposition of remains.
Status: in_force

(A) If a coroner or a manager of a funeral home, funeral establishment, or mortuary ascertains the cremated remains in its possession are those of a veteran, and they have not been instructed by the person in control of the disposition of the decedent's remains to arrange for the final disposal or delivery of the cremated remains, the coroner or the manager of a funeral home, funeral establishment, or mortuary shall dispose of the cremated remains in the manner provided in this chapter or relinquish possession of the cremated remains to a veterans' service organization. (B) The disposition of the cremated remains must be made in a national cemetery, a state or local veterans' cemetery, a section of a cemetery corporation where veterans are memorialized by a veteran's marker, a veterans' section of a cemetery corporation, or a veterans' cemetery if the deceased veteran is eligible for interment in such a manner. Effect of Amendment 2014 Act No. 160, SECTION 1, in subsection (A), twice inserted reference to the coroner. 2024 Act No. 142, SECTION 3, in (A), substituted "shall dispose" for "may dispose".
S.C. Code Ann. § 25-1-3095 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3095
SECTION 25-1-3095. Complaint against officer.
Status: in_force

Any member of the military forces who believes himself wronged by his commanding officer, and who, upon due application to that commanding officer, is refused redress, may complain to his next superior commissioned officer, who shall examine the complaint and take proper measures for redressing the wrong within his discretion. The Adjutant General shall have the final right of review and he may take such action as he considers necessary.
S.C. Code Ann. § 25-1-4030 — SC Code / Title 25 / Chapter 1 / Article 21 / Section 25-1-4030
SECTION 25-1-4030. Definitions.
Status: in_force

For purposes of this article: (1) "Dependent", with respect to a servicemember, has the meaning set forth in 50 U.S.C. Section 3911(4). (2) "Military service" means any of the following: (a) the meaning set forth in 50 U.S.C. Section 3911(2); (b) in the case of a servicemember who is a member or reserve member of the Army, Navy, Air Force, Marine Corps, or Coast Guard, full-time duty in the active military service of the United States, including: (i) full-time training duty; (ii) annual training duty; and (iii) attendance while at a school designated as a service school by federal law or by the secretary of the military department concerned; (c) in the case of a member of the South Carolina National Guard, service under a call to active: (i) service authorized by the President of the United States or the Secretary of Defense for a period of more than thirty days in response to a national emergency declared by the President of the United States; or (ii) duty authorized pursuant to Article 15 for a period of more than thirty consecutive days; (d) in the case of a member of the National Guard of another state, service under an order of the governor of that state, which is similar to South Carolina state active duty, for a period of more than thirty consecutive days; (e) in the case of a servicemember who is a commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration, active service; or (f) any period during which a servicemember is absent from duty on account of sickness, wounds, leave, or other lawful cause. (3) "Period of military service" means the period beginning on the date on which a servicemember enters military service and ending on the date on which the servicemember is released from military service or dies while in military service. (4) "Servicemember" means an individual engaged in military service or a member of the uniformed services, as that term is defined in 50 U.S.C. Section 3911(1). Editor's Note 2019 Act No. 23, SECTION 3, provides as follows: "SECTION 3. This act takes effect upon approval by the Governor and applies to contracts entered into on or after that date."
S.C. Code Ann. § 25-1-1660 — SC Code / Title 25 / Chapter 1 / Article 13 / Section 25-1-1660
SECTION 25-1-1660. Transfer of surplus armories to political subdivisions.
Status: in_force

The State Fiscal Accountability Authority may transfer to a political subdivision ownership of a national guard armory being replaced and declared surplus if the political subdivision has donated real property for use as a site for a replacement armory. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 25-1-30 — SC Code / Title 25 / Chapter 1 / Article 1 / Section 25-1-30
SECTION 25-1-30. National Guard shall conform to Federal laws.
Status: in_force

The Governor shall cause the National Guard of South Carolina always to conform to all such Federal laws and regulations as may from time to time be operative and applicable except where in conflict with the laws of this State.
S.C. Code Ann. § 25-1-1360 — SC Code / Title 25 / Chapter 1 / Article 11 / Section 25-1-1360
SECTION 25-1-1360. Disbursements of military funds.
Status: in_force

All bills, claims and demands against the military fund shall be certified or verified in the manner prescribed by regulations promulgated by the Governor and shall be audited by the proper board of military auditors and, if allowed, shall be paid by the State Treasurer upon the warrant of the Adjutant and Inspector General from the military fund. But when the National Guard or any part thereof, or any other law-enforcement agency of the State government, is called into the service of the State in case of war, riot, insurrection, invasion, breach of the peace or in aid of the civil authorities, warrants for allowed pay and expenses for such service shall be drawn upon the general fund of the State Treasury and paid out of any moneys in such fund not otherwise appropriated. All military warrants shall be the obligation of the State and shall bear interest at the legal rate from the date of their presentation for payment.
S.C. Code Ann. § 25-1-520 — SC Code / Title 25 / Chapter 1 / Article 5 / Section 25-1-520
SECTION 25-1-520. Certain personnel of The Citadel commissioned in unorganized militia.
Status: in_force

All members of the board of visitors, administrative staff and faculty personnel of The Citadel, the Military College of South Carolina, shall be eligible to be commissioned officers in the unorganized militia of South Carolina and the Governor shall issue commissions to such of them as are designated by the college according to the rank prescribed by that institution. These commissions shall be prepared by the Adjutant General and shall bear the signatures of the Adjutant General and the Governor with the seal of the State and shall not entitle any person holding them to any pay or emolument by reason thereof unless he be assigned to duty with the National Guard of South Carolina by order of the Governor. In the event of such assignment the rank of such officer shall be junior to that of all other officers of the same grade of the National Guard of the State. The same rules and regulations provided for commissioned officers of the National Guard shall be applicable to officers commissioned under this section. Nothing in this chapter shall be in conflict with SECTION 59-121-50.
S.C. Code Ann. § 25-1-3145 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3145
SECTION 25-1-3145. Writ of sentence of confinement.
Status: in_force

When a sentence of confinement has been imposed by a court-martial against a member of the National Guard of South Carolina and the sentence of the court has been passed upon by the reviewing authority, the president, in case of a general or special court-martial, or the summary court officer, in the case of a summary court-martial, shall issue a writ in substantially the following form: STATE OF SOUTH CAROLINA COUNTY OF ___________ To any sheriff in the State, Greetings: Whereas, ___________ of ___________ in the county of ___________, a member of the National Guard of South Carolina, was on the ____ day of ___________, A.D., 20____, tried and found guilty of ___________ in violation of ___________ and was by court-martial sentenced to ___________. Now, Therefore, by authority of the State of South Carolina, you are hereby commanded to take the body of said ___________ and commit it to the keeper of the jail in the county of ___________ within such jail, who is hereby commanded to receive the body of said ___________, and keep him safely until he serves said sentence. Fail not but service and return make within thirty days from this date. Dated at ___________ in the county of ___________ this ____ day of ___________, 20_ . US ___________ Name ___________ Rank ___________ Organization ___________ Effect of Amendment 2024 Act No. 145, SECTION 18, In the form, substituted "20_" for "19_" in two places.
S.C. Code Ann. § 25-1-840 — SC Code / Title 25 / Chapter 1 / Article 7 / Section 25-1-840
SECTION 25-1-840. Examinations required.
Status: in_force

All officers and warrant officers, even though meeting the requirements for appointment or promotion, as established by law and regulations are subject to examination as prescribed by the Department of the Army.
S.C. Code Ann. § 25-1-2710 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2710
SECTION 25-1-2710. Continuances.
Status: in_force

The military judge or a court-martial without a military judge may, for reasonable cause, grant a continuance to any party for such time, and as often, as may appear to be just.
S.C. Code Ann. § 25-7-90 — SC Code / Title 25 / Chapter 7 / Section 25-7-90
SECTION 25-7-90. Reports to Governor; arrests.
Status: in_force

The Governor shall call upon all sheriffs, bonded peace officers, constables, detectives and officers and members of the National Guard especially to report to him any and all violations or suspected violations of the provisions of this chapter other than SECTION 25-7-70, and any of such sheriffs, bonded peace officers, constables, detectives and officers or members of the National Guard of this State shall arrest with or without warrant any person who may violate any of said provisions or may be found in such circumstances as reasonably to indicate that he has violated any such provision.
S.C. Code Ann. § 25-13-20 — SC Code / Title 25 / Chapter 13 / Section 25-13-20
SECTION 25-13-20. Boards of honor.
Status: in_force

The board of honor in each of the several counties of the State shall consist of the clerk of court, the probate judge and the county auditor.
S.C. Code Ann. § 25-21-20 — SC Code / Title 25 / Chapter 21 / Section 25-21-20
SECTION 25-21-20. Establishment of board of trustees; membership requirements; term and compensation; annual reports.
Status: in_force

(A) There is created the Board of Trustees for the Veterans' Trust Fund of South Carolina composed of eleven voting members. The Governor, with the advice and consent of the Senate, shall appoint the board consisting of seven members selected at large, two members currently serving as county veterans' affairs officers, and two members who represent veterans' service organizations. Of the seven members appointed at large, three must come from a rural county as designated by the U.S. Census Bureau. Of the eleven appointed members, at least six must be United States Armed Forces veterans. Any veteran who serves on the board, must have been honorably discharged from the armed services. No more than one appointed member may reside in the same county. The Secretary of the Department of Veterans' Affairs shall serve as the Executive Director of the Trust Fund and an ex officio non-voting member of the board. The members of the board shall elect officers from among themselves as necessary and shall utilize the staff of the Veterans' Affairs Department in order to carry out its duties, as provided in Section 25-21-30. (B) Individuals appointed at large by the Governor shall serve four-year terms, and the remaining initial appointees shall serve two-year terms. Upon the expiration of the terms of those members initially appointed, the term of office for the members of the board is four years, and until their successors are appointed and qualify. Members may succeed themselves; however, no member may serve more than two consecutive terms or eight continuous years, whichever is greater. A member shall not serve on the board in a hold-over capacity at the conclusion of his term for more than 180 days. Vacancies on the board must be filled in the same manner as the initial appointment for the unexpired term. (C) Members of the board who are not full-time employees of the State of South Carolina or any of its political subdivisions may be paid per diem, mileage, and subsistence at rates established by the board, not to exceed standards provided by law for state boards, commissions, and committees. Per diem, mileage, and subsistence may be paid to members of the board only for travel and costs incurred due to meetings of the board. (D) A complete report of the activities of the Veterans' Trust Fund must be made to the General Assembly annually. Code Commissioner's Note Pursuant to the directive to the Code Commissioner in 2019 Act No. 26, SECTION 4(C), "Veterans' Affairs Department" was substituted for "Veterans' Affairs Division" and "Department of Veterans' Affairs" was substituted for "Office of Veterans' Affairs". Editor's Note The 2019 amendment to Section 25-11-20 provided that the Governor shall appoint a Secretary, rather than a Director, to lead the Department of Veterans' Affairs. Effect of Amendment 2023 Act No. 58, SECTION 1, inserted the (A) to (D) designators, and rewrote (A) and (B).
S.C. Code Ann. § 25-9-570 — SC Code / Title 25 / Chapter 9 / Article 6 / Section 25-9-570
SECTION 25-9-570. Termination of powers and duties granted to special law enforcement officer; penalty.
Status: in_force

(A) The powers and duties granted to a special law enforcement officer pursuant to this article shall terminate immediately upon: (1) the cancellation of the state of emergency or disaster declaration; or (2) notice from either the Chief of the South Carolina Law Enforcement Division, or his designee, that a special law enforcement officer's powers and duties in this State have been terminated. (B) A person who knowingly exercises or knowingly attempts to exercise the powers of a special law enforcement officer after his powers and duties have been terminated pursuant to subsection (A) is guilty of a misdemeanor pursuant to Section 16-17-720.
S.C. Code Ann. § 25-1-1330 — SC Code / Title 25 / Chapter 1 / Article 11 / Section 25-1-1330
SECTION 25-1-1330. Annual settlements for Federal and State property.
Status: in_force

State property. All property of a nonconsumable nature procured by the Adjutant General from state appropriated funds and like property purchased from unit maintenance funds must be accounted for as state property. Property donated from any sources for National Guard use must be considered state owned property. The Adjutant General shall maintain state property lists for all units and activities of the South Carolina National Guard. The Adjutant General shall cause state property accounts to be audited as he considers necessary. If the audit reflects shortages, the Adjutant General may cause an investigation to be made and take appropriate action. If such shortages are found to be due to the fault or negligence of the responsible party, the Adjutant General shall make demand on the responsible party for payment, to the military fund of South Carolina, for the specified amount. Effect of Amendment 2025 Act No. 55, SECTION 3, deleted (a), relating to federal property; deleted the designation for (b); and deleted the last sentence of (b) [now undesignated], relating to actions for payment.
S.C. Code Ann. § 25-9-420 — SC Code / Title 25 / Chapter 9 / Article 5 / Section 25-9-420
SECTION 25-9-420. Emergency Management Assistance Compact.
Status: in_force

The Emergency Management Assistance Compact is enacted and entered into with all other states which adopt the compact in a form substantially as follows:
S.C. Code Ann. § 25-1-2430 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2430
SECTION 25-1-2430. Person subject to Code of Military Justice.
Status: in_force

The Code of Military Justice applies to all members of the military forces whether located within or without the territorial boundaries of the State of South Carolina while in an authorized duty status or during a period of time in which he was under lawful orders to be in a duty status, including such time as he was traveling to and from such duty. For purposes of military justice, jurisdiction duty status includes the entire day including any portion of which the individual is under lawful orders or in a duty status or when performing, or failing to perform, any act required pursuant to his membership in the state's military forces. All members of the military forces are subject to this code while physically located on state or federal property even though not on authorized duty status. Effect of Amendment 2024 Act No. 145, SECTION 4, inserted the second sentence.
S.C. Code Ann. § 25-1-2905 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2905
SECTION 25-1-2905. Soliciting or advising person to desert or commit act of sedition.
Status: in_force

(1) Any person subject to this code who solicits or advises another or others to desert in violation of SECTION 25-1-2920 or mutiny in violation of SECTION 25-1-2960 must, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but if the offense solicited or advised is not committed or attempted, he must be punished as a court-martial may direct. (2) Any person subject to this code who solicits or advises another or others to commit an act of sedition in violation of Section 25-1-2960 of the code must, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, he may be punished as a court-martial may direct.
S.C. Code Ann. § 25-1-1320 — SC Code / Title 25 / Chapter 1 / Article 11 / Section 25-1-1320
SECTION 25-1-1320. Expenses paid from National Guard appropriations.
Status: in_force

All expenditures necessary to carry the provisions of this chapter into effect are hereby authorized to be incurred and paid out of the appropriations for the maintenance of the National Guard of South Carolina.
S.C. Code Ann. § 25-1-3067 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3067
SECTION 25-1-3067. Fraternization.
Status: in_force

A person subject to the Code of Military Justice, upon conviction of the following, may be punished as a court-martial directs, if he: (1) was in the chain of command of a lower ranking member of the military forces; (2) exercised authority or command over that lower ranking member of the military forces; (3) fraternized with that lower ranking member of the military forces on terms of military equality; and (4) that under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the military forces or was of a nature to bring discredit upon the military forces.
S.C. Code Ann. § 25-1-3020 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3020
SECTION 25-1-3020. Sleeping on duty; leaving post; under influence of intoxicating liquor or controlled substance while on duty.
Status: in_force

Any person subject to this code who is found under the influence of intoxicating liquors or any controlled substance on duty or sleeping upon his post, or who leaves his post before he is regularly relieved, may be punished as a court-martial may direct.
S.C. Code Ann. § 25-1-2350 — SC Code / Title 25 / Chapter 1 / Article 18 / Section 25-1-2350
SECTION 25-1-2350. South Carolinians serving in another state's national or state guard.
Status: in_force

The provisions of this article granting reemployment rights to members of the South Carolina National Guard and to members of the South Carolina State Guard who, at the discretion of the Governor or by his authority, enter state duty and are honorably released from that duty shall apply also to a person who is employed in South Carolina but is a member of another state's national or state guard who, at the discretion of the other state's Governor or by his authority, enters into state duty and is honorably released from that duty.
S.C. Code Ann. § 25-1-2725 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2725
SECTION 25-1-2725. Statute of limitations.
Status: in_force

A person charged with desertion or absence without leave in time of war or with mutiny may be tried and punished at any time without limitation. A person charged with any offense is not liable to be tried by court-martial or punished under Section 25-1-2520 if the offense was committed more than three years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command or before the imposition of punishment under Section 25-1-2520. Periods in which the accused was absent from territory in which the State of South Carolina has the authority to apprehend him, or in the custody of civil authorities, or in the hands of the enemy, must be excluded in computing the period of limitation prescribed in this section.
S.C. Code Ann. § 25-1-630 — SC Code / Title 25 / Chapter 1 / Article 5 / Section 25-1-630
SECTION 25-1-630. Officers authorized to administer oaths and act as notary.
Status: in_force

(A) Officers are authorized and empowered to administer oaths and affirmations in all matters pertaining to or concerning the National Guard of South Carolina. Any person who shall falsely swear or affirm to any oath or affirmation before any such officer shall be guilty of perjury and upon trial and conviction thereof shall be sentenced for such offense as now provided by law for the crime of perjury. (B) The persons named in subparagraph (C) have the general powers of a notary public in accordance with the authority of Title 10, United States Code, Section 1044a, and as provided in this section, in the performance of all notarial acts to be executed by: (1) members of any of the armed forces; (2) persons eligible for legal assistance under the provisions of 10 United States Code, Section 1044, regulations of the United States Department of Defense, this section, and Section 25-1-635; (3) persons serving with, employed by, or accompanying the armed forces and National Guard of South Carolina or of any other state or territory of the United States, outside the United States and outside the Commonwealth of Puerto Rico, Guam, and the Virgin Islands; and (4) persons subject to the Uniform Code of Military Justice, Chapter 47, Title 10, United States Code, outside the United States. (C) Persons with the powers described in subsection (B) are: (1) all judge advocates, including armed forces reserve judge advocates and judge advocates of the National Guard of South Carolina or of any other state or territory of the United States when not in a duty status; (2) all civilian attorneys serving as legal assistance officers; (3) all adjutants, assistant adjutants, and personnel adjutants, including reserve and National Guard members when not in a duty status; and (4) all other members of the armed forces, including reserve and National Guard members when not in a duty status, who are designated by regulations of the armed forces or statute to have those powers. (D) No fee may be paid to or received by any person for the performance of a notarial act authorized in this section. (E) The signature of any person acting as a notary under the authority of Title 10, United States Code, Section 1044a or of this section, together with the title of that person's offices, is prima facie evidence that the signature is genuine, that the person holds the designated title, and that the person is authorized to perform a notarial act.
S.C. Code Ann. § 25-1-3025 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3025
SECTION 25-1-3025. Malingering.
Status: in_force

A person subject to this code must be punished as a court-martial directs, if he, for the purpose of avoiding work, duty, or service in the military forces: (1) feigns illness, physical disablement, mental lapse, or derangement; (2) intentionally inflicts self-injury, or commits, performs, or undertakes a service-disqualifying activity; (3) hires or attempts to hire another person to do his duty. Effect of Amendment The 2011 amendment rewrote the section.
S.C. Code Ann. § 25-9-20 — SC Code / Title 25 / Chapter 9 / Article 1 / Section 25-9-20
SECTION 25-9-20. Terms of compact.
Status: in_force

The compact authorized by the provision of this article shall be in form as hereinbelow set out, with such modifications and restrictions as the Governor may deem necessary for the proper protection of the best interests of the State of South Carolina, to wit: Interstate Civil Defense Disaster Compact Between the States of __________ and South Carolina The contracting States solemnly agree: Article I. The purpose of this compact is to provide mutual aid between the states in meeting any emergency or disaster from enemy attack, including sabotage and subversive acts and direct attacks by bombs, shellfire, and atomic, radiological, chemical, bacteriological means, and other enemy weapons. The prompt, full and effective utilization of the resources of the respective states, including such resources as may be available from the United States Government or any other source, are essential to the safety, care and welfare of the people of the states in the event of enemy action, and any other resources, including personnel, equipment or supplies, shall be incorporated into a plan or plans of mutual aid to be developed between the civil defense agencies or similar bodies of the states that are parties to the compact. The Directors of Civil Defense of party states shall constitute a committee to formulate plans and take all necessary steps for the implementation of this compact. Article II. It shall be the duty of each state to formulate civil defense plans and programs for application within the state. There shall be frequent consultation between the representatives of the states and with the United States Government and the free exchange of information and plans, including inventories of any materials and equipment available for civil defense. In carrying out the civil defense plans and programs the party states shall so far as possible provide and follow uniform standards, practices, and rules and regulations including: (a) Insignia, arm bands and any other distinctive articles to designate and distinguish the different civil defense services. (b) Blackouts and practice blackouts, air raid drills, mobilization of civil defense forces and other tests and exercises. (c) Warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith. (d) The effective screening or extinguishing of all lights and lighting devices and appliances. (e) Shutting off water mains, gas mains, electric power connections and the suspension of all other utility services. (f) All materials or equipment used or to be used for civil defense purposes in order to assure that such materials and equipment will be easily and freely interchangeable when used in or by any other party state. (g) The conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic, prior, during and subsequent to drills or attacks. (h) The safety of public meetings or gatherings. (i) Mobile support units. Article III. Any party state requested to render mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with its terms. The state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. Each party state shall extend to the civil defense forces of any other party state, while operating within its state limits under the terms and conditions of this compact, the same powers, except that of arrest unless specifically authorized by the receiving state, duties, rights, privileges and immunities as if they were performing their duties in the state in which normally employed or rendering services. Civil defense forces will continue under the command and control of their regular leaders but the organizational units will come under the operational control of the civil defense authorities of the state receiving assistance. Article IV. Whenever any person holds a license, certificate or other permit issued by any state evidencing the meeting of qualifications for professional, mechanical or other skills, such person may render aid involving the skill in any party state to meet an emergency or disaster and the state shall give due recognition to such license, certificate or other permit as if issued in the state in which aid is rendered for the duration of the emergency or disaster only. Article V. No party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in that connection. Article VI. Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that appropriate among other party states, this instrument contains elements of a broad base common to all states, and nothing herein shall preclude any state from entering into supplementary agreements with another state or states. Such supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons, and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, equipment and supplies. Article VII. Each party state shall provide for the payment of compensation and death benefits to injured members of the civil defense forces of that state and the representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within such state. Article VIII. Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost incurred in connection with such requests. Any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan equipment or donate such services to the receiving party state without charge or cost, and any two or more party states may enter into supplementary agreements establishing a different allocation of costs as among these states. The United States Government may relieve the state receiving aid from any liability and reimburse the state supplying civil defense forces for the compensation paid to and the transportation, subsistence and maintenance expenses of such forces during the time of the rendition of such aid or assistance outside the state and may also pay fair and reasonable compensation for the use or utilization of the supplies, materials, equipment or facilities so utilized or consumed. Article IX. Plans for the orderly evacuation and reception of the civilian population as the result of an emergency or disaster shall be worked out between representatives of the party states and the various local civil defense areas. Such plans shall include the manner of transporting evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends and the forwarding of evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. The plans shall provide that the party state receiving evacuees shall be reimbursed generally for the out-of-pocket expenses incurred in receiving and caring for the evacuees, for expenditures for transportation, food, clothing, medicines and medical care and like items. The expenditures shall be reimbursed by the party state of which the evacuees are residents, or by the United States Government under plans approved by it. After the termination of the emergency or disaster the party state of which the evacuees are residents shall assume the responsibility for the ultimate support or repatriation of such evacuees. Article X. The committee established pursuant to Article I of this compact may request the Civil Defense Agency of the United States Government to act as an informational and coordinating body under this compact, and representatives of the agency of the United States Government may attend meetings of the committee. Article XI. This compact shall become operative between the State of _ and the State of South Carolina immediately upon its being entered into by the duly authorized officials of such states, and shall be subject to approval by Congress unless prior Congressional approval has been given. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Civil Defense Agency and other appropriate agencies of the United States Government. Article XII. This compact shall continue in force and remain binding on each party state until the legislature or the Governor of the party state takes action to withdraw therefrom. Such action shall not be effective until thirty days after notice has been sent by the Governor of the party state desiring to withdraw to the Governor of the other party state. Article XIII. The term "state" shall include any territory or possession of the United States, the District of Columbia, and any neighboring foreign country or province or state thereof. Article XIV. This compact shall be construed to effectuate the purposes stated in Article I. If any provision of this compact is declared unconstitutional, or the applicability to any person or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability to other persons and circumstances shall not be affected.
S.C. Code Ann. § 25-1-2760 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2760
SECTION 25-1-2760. Admissibility of records of courts of inquiry.
Status: in_force

In any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, of a person whose oral testimony may not be obtained, may if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if he consents to the introduction of the evidence. The testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer. The testimony may also be read in evidence before a court of inquiry or a military board.
S.C. Code Ann. § 25-12-40 — SC Code / Title 25 / Chapter 12 / Section 25-12-40
SECTION 25-12-40. Sharing information; discharge of liability.
Status: in_force

(A) Notwithstanding any law or regulation to the contrary, nothing in this chapter shall prevent a coroner or a manager of a funeral home, funeral establishment, or mortuary from sharing information with the Veterans Administration, a veterans' service agency or veterans' affairs office, a veterans' service organization, a national cemetery, or state or local veterans' cemetery for the purpose of determining whether the cremated remains are those of a veteran. (B) A coroner or a funeral home, funeral establishment, mortuary, and any manager of them is discharged from any legal obligations or liability with regard to releasing or sharing information with the Veterans Administration, a veterans' service agency or veterans' affairs office, a veterans' service organization, a national cemetery, or state or local veterans' cemetery pursuant to this chapter in regard to determining if a person's cremated remains are those of a veteran. Effect of Amendment 2014 Act No. 160, SECTION 1, in subsections (A) and (B), inserted "coroner or a".
S.C. Code Ann. § 25-3-100 — SC Code / Title 25 / Chapter 3 / Section 25-3-100
SECTION 25-3-100. Uniforms.
Status: in_force

The South Carolina State Guard may be uniformed as the Governor may prescribe.
S.C. Code Ann. § 25-1-10 — SC Code / Title 25 / Chapter 1 / Article 1 / Section 25-1-10
SECTION 25-1-10. Definitions.
Status: in_force

Wherever used in this chapter, the word(s) (1) "Officer"—Shall be understood to include commissioned officers and warrant officers, unless otherwise specified. (2) "Enlisted men"—Shall be understood to designate members of the National Guard of this State other than officers and warrant officers. (3) "Adjutant General"—Shall be understood to be the Adjutant and Inspector General. (4) "The Assistant Adjutant General"—Shall be understood to be the Assistant Adjutant and Inspector General. (5) "Military department"—Shall be understood as any office or activity of the State that controls or coordinates the activities of the militia, or any part of the militia. (6) "National Guard"—Shall be understood to include the organized militia, both Army and Air. (7) "Air National Guard"—Shall be understood to include those units of the organized militia that are Air Force type units and that are organized and trained as a Reserve of the United States Air Force. (8) "Army National Guard"—Shall be understood to include those of the organized militia that are Army type units and that are organized and trained as a Reserve of the United States Army. (9) "Military fund"—Any and all moneys appropriated by the General Assembly for the support of the militia and such other revenues as may be collected by the military department for military purposes. (10) "State duty"—Duty performed by the militia, or any part of the militia, when such duty is ordered by proper State authority, in the event of war, insurrection, invasion, or imminent danger thereof, breach of the peace, tumult, riot, public disaster, or resistance to process. (11) "State status"—Shall be understood to mean the military status of a member of the National Guard when not in the active military service of the United States. (12) "Unit"—In the Army National Guard, shall be understood to be a company, battery, troop, detachment, or similar size Federally recognized entity, except that a headquarters is not to be construed as a unit. In the Air National Guard, it shall be understood to be a single military organization having a mission, function, and a structure prescribed by competent authority. (13) "Organization"—Any military element of the South Carolina Army National Guard composed of a headquarters with its assigned or attached subordinate commands. (Example—battalions, groups, brigades and higher commands.) (14) "USPFO"—Shall mean United States property and fiscal officer. (15) "Federal recognition or federally recognized"—Shall mean acknowledgment by the Secretary of the Air Force or the Secretary of the Army that an individual has been appointed to an authorized grade and position vacancy appropriate to his qualifications in the Air National Guard or the Army National Guard, and that he meets the prescribed Federal requirements for such grade and position. (16) "Fully qualified"—Shall mean that an individual meets all physical, moral and professional requirements as may be prescribed by the United States Code, the National Guard Bureau and such other requirements that are or may be made a part of the military code of South Carolina and in addition that he has demonstrated qualities of leadership, ability and potential for appointment or promotion to the next higher grade. (17) "Commissioned staff"—Officers assigned to a headquarters by TO/E to assist a commander in his exercise of command. The commander is not to be included in a "commissioned staff." (18) "Unit maintenance fund" means funds collected by armory rentals, donations, military fines, and other minor sources of revenue with or without specific appropriation, and used for minor maintenance at facilities and controlled at the unit level. (19) "Organized militia" refers to both the National Guard and the organized militia not in National Guard service. Individuals who are federally recognized by the National Guard Bureau are members of the National Guard. Individuals holding rank or privilege within the Military Department, but not federally recognized in that rank for service in the National Guard, are the organized militia not in National Guard service, and these individuals also may be referred to as "State Defense Forces", the "State Guard", or by other terms designated by the Adjutant General. Effect of Amendment The 2011 amendment added subsection (19) defining organized militia.
S.C. Code Ann. § 25-11-540 — SC Code / Title 25 / Chapter 11 / Article 5 / Section 25-11-540
SECTION 25-11-540. Limit of one medal per person.
Status: in_force

No person may be awarded more than one South Carolina POW Medal. Editor's Note 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." Effect of Amendment 2019 Act No. 26, SECTION 3, reenacted the section with no apparent change.
S.C. Code Ann. § 25-1-2310 — SC Code / Title 25 / Chapter 1 / Article 18 / Section 25-1-2310
SECTION 25-1-2310. Entitlement to reemployment.
Status: in_force

Any member of the South Carolina National Guard who, at the direction of the Governor, enters state duty is entitled, upon honorable release from such duty, to all the reemployment rights provided for in this article.
S.C. Code Ann. § 25-11-720 — SC Code / Title 25 / Chapter 11 / Article 7 / Section 25-11-720
SECTION 25-11-720. "South Carolina veterans" defined.
Status: in_force

For the purpose of Section 25-11-710, "South Carolina veterans" means any ex service South Carolina citizen who was discharged under other than dishonorable conditions and who served in any branch of the military or naval service of the United States.
S.C. Code Ann. § 25-1-2520 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2520
SECTION 25-1-2520. Nonjudicial disciplinary punishment.
Status: in_force

1. Under regulations that the Adjutant General may prescribe, limitations may be placed on the powers granted by this section with respect to the kind and amount of punishment authorized, the categories of general officers or commanders authorized to exercise those powers, the applicability of this section to an accused who demands trial by court-martial, and the kinds of courts-martial to which the case may be referred upon a demand. However, punishment may not be imposed upon a member of the military forces under this section if the member has, before the imposition of punishment, demanded trial by court-martial in lieu of punishment. Under similar regulations, rules may be prescribed with respect to the suspension of punishments authorized pursuant to this section. A colonel or general officer may delegate his nonjudicial punishment authority to an individual within his authority, who is no more than two grades inferior in rank, so long as the adjudged sentence is not executed until the delegating commander has approved the procedure and sentence. 2. Subject to subsection 1 of this section, any commander may, in addition to or in lieu of admonition or reprimand, impose one or more of the following disciplinary punishments for minor offenses without the intervention of a court-martial: (A) upon officers of his command: (1) restriction to certain specified limits, with or without suspension from duty, for not more than fifteen days; (2) if imposed by the Governor, the Adjutant General, or an officer of a general rank in command: (a) arrest in quarters for not more than fifteen days; (b) a fine of not more than the equivalent of seven days' pay; (B) upon other military personnel of his command: (1) a fine of not more than the equivalent of two days' pay; (2) reduction to the next inferior pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction; (3) extra duties, including fatigue or other duties, for not more than fourteen days; (4) restriction to certain specified limits, with or without suspension from duty, for not more than fourteen days; (5) if imposed by an officer of the grade of major, or above: (a) a fine of not more than the equivalent of four days' pay; (b) reduction to the lowest or any intermediate pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, but an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades; (c) the punishment authorized under subitem (3) of item (B) of subsection 2 of this section; (d) the punishment authorized under subitem (4) of item (B) of subsection 2 of this section. No two or more of the punishments of arrest in quarters, extra duties, and restriction may be combined to run consecutively in the maximum amount possible for each. Whenever any of those punishments are combined to run consecutively, there must be an apportionment. 3. An officer in charge may impose upon enlisted members assigned to the unit of which he is in charge such of the punishments authorized under subitems (1) through (3) of item (B) of subsection 2 of this section as the Governor may specifically prescribe by regulation. 4. The officer who imposes the punishment authorized in subsection 2 of this section, or his successors in command, may at any time, suspend probationally a reduction in grade or a fine imposed under subsection 2 of this section, whether or not executed. In addition, he may at any time remit or mitigate any part or amount of the unexecuted punishment and may set aside in whole or in part the punishment, whether executed or unexecuted, and restore all rights, privileges, and property affected. He may also mitigate reduction in grade to a fine. When mitigating: (a) arrest in quarters to restriction; (b) extra duties to restriction; the mitigated punishment may not be for a greater period than the punishment mitigated. When mitigating reduction in grade to a fine, the amount of the fine may not be greater than the amount that could have been imposed initially under this section by the officer who imposed the punishment mitigated. 5. A person punished under this section who considers his punishment unjust or disproportionate to the offense may, through proper channel, appeal to the next superior authority. The appeal must be promptly forwarded and decided, and in the meantime the punishment adjudged must be suspended. The superior authority may exercise the same powers with respect to the punishment imposed as may be exercised under subsection 4 of this section by the officer who imposed the punishment. The authority who is to act on the appeal shall refer the case to the state judge advocate or a judge advocate or legal officer within his command for consideration and advice. The decision of the superior authority is final. 6. The imposition and enforcement of disciplinary punishment under this section for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this section; but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty. 7. The Adjutant General may, by regulation, prescribe the form of records to be kept of proceedings under this section and may also prescribe that certain categories of those proceedings shall be in writing. Effect of Amendment The 2011 amendment, in subsection 1, in the first sentence, substituted "regulations that" for "such regulations as", and inserted "general officer or"; in subsection 1, in the second sentence, substituted "a member" for "any member"; in subsection 1, in the third sentence, substituted "pursuant to this section" for "hereunder"; and in subsection 1, added the fourth sentence. 2024 Act No. 145, SECTION 5, in 1., in the fourth sentence, substituted "two grades" for "one grade"; in 2.(A)(2)(b), deleted "forfeiture of pay of not more than seven days' pay or" from the beginning, in 2.(B)(1), deleted "forfeiture of pay of not more than two days' pay or" from the beginning, and in 2.(B)(5)(a), deleted "forfeiture of pay of not more than four days' pay or" from the beginning; in 4., in the first sentence, substituted "fine" for "forfeiture", and in the third sentence, substituted "a fine" for "forfeiture of pay", and in the undesignated paragraph following (b), in the second sentence, substituted "a fine" for "forfeiture of pay" and "fine" for "forfeiture"; and deleted 7., and redesignated former 8. as 7. and made nonsubstantive changes.
S.C. Code Ann. § 25-11-340 — SC Code / Title 25 / Chapter 11 / Article 3 / Section 25-11-340
SECTION 25-11-340. Grant eligibility based on need.
Status: in_force

(A) The grant applicant must show proof of the following: (1) The applicant is a member of the South Carolina National Guard or a South Carolina resident who is a member of another United States Armed Forces Reserve component, applying on behalf of the applicant's family, or is a family member of that member. Proof of residency for military members consists of information obtained from DEERS. Proof of a familial relationship also consists of information obtained from DEERS. (2) The South Carolina National Guard or Reserve component member was on active military duty for at least thirty consecutive days as a result of the September 11, 2001, terrorist attacks. Proof of active duty consists of a copy of the orders issued by an authorized headquarters ordering the member to this duty and documentation showing this duty was actually performed. Eligible active duty includes any active duty since September 11, 2001. (3) A copy of a payroll record from the member's civilian employer that indicates member's monthly salary plus a copy of a military payroll record that indicates the member's monthly salary. (4) Proof that the military salary, including Basic Allowance for Housing, of the member has decreased by thirty percent or greater from the applicant's civilian salary. (5) Proof that the member or family member has incurred or is about to incur a specific monetary expense relating to clothing, food, housing, utilities, medical services, medical prescriptions, insurance or vehicle payments. This proof includes, but is not limited to, a copy of a bill, invoice, estimate, cancellation notice, or any other similar record. (6) A signed statement that the grant request is for the purpose identified in the application and that the grant funds will be used for the purposes requested. (7) The South Carolina National Guard or Reserve component member holds a pay grade no higher than O-3, if a commissioned officer, or W-2, if a warrant officer. Individuals or families are eligible for the grant based upon rank at the time of the mobilization. Proof of pay grades consists of information obtained from DEERS. (8) If a custodial parent or guardian is applying for a grant on behalf of a member's dependent, then the custodial parent or guardian must provide proof of guardianship of a member's dependent currently enrolled in DEERS. (9) The department may waive the requirements in subsection (A)(4) upon a written request indicating the circumstances justifying such a waiver, and upon proof that there has in fact been some decrease from the member's civilian salary. These circumstances include, but are not limited to, death, injury, or incapacity of the member, long-term deployment of the member, and unexpected expenses incurred by the member's family. The department may use discretion in granting or denying these requests. (B) The following members are ineligible to receive grants: (1) all commissioned and warrant officers with pay grades of O-4 and W-3, or higher; (2) personnel serving in Active Guard/Reserve (AGR) or similar full-time unit support programs unless called to Title 10 service; (3) members who are unmarried and have no family members enrolled in DEERS; (4) members who, at any time before the disbursement of funds pursuant to a grant application under this section, receive a punitive discharge, or an administrative discharge with service characterized as Under Other Than Honorable Conditions. Editor's Note 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." Effect of Amendment 2019 Act No. 26, SECTION 3, in (A)(9), in the first and third sentences, substituted "The department" for "The division".
S.C. Code Ann. § 25-12-30 — SC Code / Title 25 / Chapter 12 / Section 25-12-30
SECTION 25-12-30. Authority of coroner or manager of funeral home, funeral establishment, or mortuary.
Status: in_force

A coroner or a manager of a funeral home, funeral establishment, or mortuary, which has held in its possession cremated remains for more than one hundred twenty days from the date of cremation, shall determine, in accordance with the provisions of this chapter, if the cremated remains are those of a veteran, and if so, shall dispose of those remains as provided in this chapter. Effect of Amendment 2014 Act No. 160, SECTION 1, inserted "coroner or a". 2024 Act No. 142, SECTION 2, substituted "shall" for "may" in two places.
S.C. Code Ann. § 25-11-60 — SC Code / Title 25 / Chapter 11 / Article 1 / Section 25-11-60
SECTION 25-11-60. Semiannual reports.
Status: in_force

The county veterans' affairs officers shall render semiannually a complete report of their acts and doings to the county legislative delegation of their respective counties upon uniform forms to be furnished by the secretary. Editor's Note 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." Effect of Amendment 2019 Act No. 26, SECTION 3, substituted "furnished by the secretary" for "furnished by the Director of the Division of Veterans' Affairs", and made a nonsubstantive change.
S.C. Code Ann. § 25-11-45 — SC Code / Title 25 / Chapter 11 / Article 1 / Section 25-11-45
SECTION 25-11-45. County veterans' affairs offices.
Status: repealed

Notwithstanding Section 1-30-110(4), a county veterans' affairs office must be funded with monies appropriated by the General Assembly for that purpose and payable directly to the County Treasurer's Office by the State Treasurer. Editor's Note Section 1-30-110 is repealed by 2014 Act No. 121, SECTION G.7.1, effective July 1, 2015. 2019 Act No. 26, SECTION 4, provides as follows: "SECTION 4. (A) All classified or unclassified personnel employed by these offices on the effective date of this act, either by contract or by employment at will, shall become employees of the Department of Veterans' Affairs, with the same compensation, classification, and grade level, as applicable. The Department of Administration shall cause all necessary actions to be taken to accomplish this transfer in accordance with state laws and regulations. "(B) Regulations promulgated by the Division of Veterans' Affairs as it formerly existed under the Department of Administration are continued and are considered to be promulgated by the newly created Department of Veterans' Affairs. "(C) The Code Commissioner is directed to change or correct all references to Division of Veterans' Affairs within the Department of Administration in the 1976 Code, to reflect the transfer of it to the Department of Veterans' Affairs. References to the Division of Veterans' Affairs in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate reference to the Department of Veterans' Affairs. This authority shall not be construed to remove any authority from the Department of Administration for approval of statewide policies, procedures, regulations, rates and fees, or specific actions requiring Department of Administration approval." Effect of Amendment 2019 Act No. 26, SECTION 3, substituted "county veterans' affairs office" for "County Veterans Affairs Office".
S.C. Code Ann. § 25-1-3005 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-3005
SECTION 25-1-3005. Loss, damage, destruction, or wrongful disposition of military property.
Status: in_force

Any person subject to this code who, without proper authority: (1) sells or otherwise disposes of; or (2) wilfully or through neglect damages, destroys, or loses; or (3) wilfully or through neglect suffers to be damaged, destroyed, sold, or wrongfully disposed of; or (4) fails to account for or return any military property of the United States or of the State may be punished as a court-martial may direct.
S.C. Code Ann. § 25-1-550 — SC Code / Title 25 / Chapter 1 / Article 5 / Section 25-1-550
SECTION 25-1-550. Requirement that officers take oath and give bond.
Status: in_force

Every officer duly commissioned or warranted shall within such time as may be provided by law or by regulations take the oath of office prescribed by law and give bond, if required. In case of neglect or refusal to do so, he shall be considered to have resigned such office and a new appointment may be made as provided by law.
S.C. Code Ann. § 25-1-2190 — SC Code / Title 25 / Chapter 1 / Article 17 / Section 25-1-2190
SECTION 25-1-2190. Interference with employment of or practice of trade by guard member; penalty.
Status: in_force

A person who, either by himself or with another, (a) wilfully deprives a member of the National Guard of South Carolina of his employment, (b) prevents such member from being employed, (c) obstructs or annoys a member or his employer in his trade, business or employment because he is such a member or (d) dissuades or attempts to dissuade any person from enlisting in such National Guard by threat of injury to him in his employment, trade or business shall be guilty of a misdemeanor and, on conviction thereof, shall be fined in a sum not exceeding one hundred dollars or imprisoned in the county jail not more than thirty days.
S.C. Code Ann. § 25-1-2690 — SC Code / Title 25 / Chapter 1 / Article 19 / Section 25-1-2690
SECTION 25-1-2690. Evidentiary rules.
Status: in_force

The procedure, including modes of proof, in cases before military courts, shall apply the principles of law and rules of evidence generally recognized in the trial of criminal cases in circuit courts of this State, but which may not be contrary to or inconsistent with this code.
S.C. Code Ann. § 25-1-4060 — SC Code / Title 25 / Chapter 1 / Article 21 / Section 25-1-4060
SECTION 25-1-4060. Termination of contracts after receiving military orders; notice of termination; penalties; refunds; taxes.
Status: in_force

(A) In addition to the rights and protections regarding consumer transactions, contracts, and service providers provided to a servicemember pursuant to Subchapter III, Chapter 50, Title 50 of the U.S.C., a servicemember may terminate a contract described in subsection (B) of this section at any time after the date the servicemember receives military orders to relocate for a period of service of at least ninety days to a location that does not support the contract. (B) This section applies to a contract to provide the following: (1) telecommunication services; (2) Internet services; (3) television services including, but not limited to, cable television, direct satellite, and other similarly comparable television services; (4) athletic club or gym memberships; or (5) satellite radio services. (C) A servicemember shall give to the service provider written or electronic notice of the termination and a written or electronic copy of the order to relocate, together with the date on which the service is to be terminated. If a servicemember, as defined in Section 25-1-4030(4), terminates a contract pursuant to this section, then the service provider shall inform the servicemember of the servicemember's rights posted on the South Carolina National Guard's Internet website pursuant to Section 25-1-4080. (D) The service provider may not impose an early termination penalty, charge, or fee for a contract terminated pursuant to this section. (E) Not later than sixty days after the termination date of the contract, the service provider shall refund to the servicemember any fee paid for a service that extends beyond the termination date of the contract. (F) The servicemember shall pay the tax or other contractual obligation or liability that is due and unpaid at the time of termination of the contract. (G) If the servicemember resubscribes to the service provided under the contract within ninety days of returning from military service, the service provider may not impose a charge or fee, other than the usual and customary charges and fees for the installation or acquisition of customer equipment imposed on other subscribers. Editor's Note 2019 Act No. 23, SECTION 3, provides as follows: "SECTION 3. This act takes effect upon approval by the Governor and applies to contracts entered into on or after that date."