S.C. Code Ann. § 32-1-240 — SC Code / Title 32 / Chapter 1 / Article 3 / Section 32-1-240
SECTION 32-1-240. Contracts of sale for future delivery.
Status: in_force

All contracts of sale for future delivery of cotton, grain, stocks or other commodities: (1) Made in accordance with the rules of any board of trade, exchange or similar institution; (2) Actually executed on the floor of such board of trade, exchange or similar institution and performed or discharged according to the rules thereof; and (3) Placed with or through a regular member in good standing of a cotton exchange, grain exchange, board of trade or similar institution organized under the laws of this or any other state; Shall be valid and enforceable in the courts of this State according to their terms; provided, that: (1) Contracts of sale for future delivery of cotton in order to be valid and enforceable as provided herein must not only conform to the foregoing requirements of this section but must also be made subject to the provisions of the United States Cotton Futures Act, approved August 11, 1916, and any amendments thereto; (2) If the foregoing proviso should for any reason be held inoperative then contracts for future delivery of cotton shall be valid and enforceable if they conform to the foregoing requirements of this section; and (3) When it is not contemplated by the parties to any contract that there shall be an actual delivery of the commodities sold or bought thereby such contract shall be unlawful.
S.C. Code Ann. § 32-8-360 — SC Code / Title 32 / Chapter 8 / Section 32-8-360
SECTION 32-8-360. Boards; refusal to issue or renew license; suspension or revocation of a funeral director or embalmer.
Status: in_force

(A) The board may refuse to issue or renew the license or may suspend or revoke the license of a funeral director or embalmer who violates a provision of this chapter. (B) A person who violates a provision of this chapter is subject to a civil fine of up to twenty-five thousand dollars. A licensed funeral director or embalmer who violates a provision of this chapter must be reported to the State Board of Funeral Service for immediate investigation and disciplinary proceedings. (C) The provisions of Section 40-19-160 apply to disciplinary actions under this chapter. Effect of Amendment 2024 Act No. 223, SECTION 5, in (B), in the first sentence, substituted "of up to twenty-five thousand dollars" for "not to exceed five thousand dollars", and added the second sentence.
S.C. Code Ann. § 32-1-30 — SC Code / Title 32 / Chapter 1 / Article 1 / Section 32-1-30
SECTION 32-1-30. Orders for discovery.
Status: in_force

Any person who, by virtue of the provisions herein contained, shall or may be liable to be sued for such moneys or other things so won shall be obliged and compellable to answer, upon oath, such order as shall be made against him for discovering the sum of money or other things so won at play as aforesaid.
S.C. Code Ann. § 32-1-40 — SC Code / Title 32 / Chapter 1 / Article 1 / Section 32-1-40
SECTION 32-1-40. Notes or other securities or conveyances given to secure wagers.
Status: in_force

All notes, bills, bonds, judgments, mortgages or other securities or conveyances whatsoever given, granted, entered into or executed by any person whatsoever when the whole or any part of the consideration of such conveyances or securities shall be (a) for any money or valuable thing whatsoever won by cockfighting, horse racing or by gaming or playing at cards, dice tables, tennis, bowls, or other game whatsoever or by betting on the sides or hands of such as do game at any of the games aforesaid or any other game or games or (b) for the reimbursing or repaying any money knowingly lent or advanced at the time and place of such cockfighting, horse racing or play to any person (i) so gaming or betting as aforesaid or (ii) that shall, during such cockfighting, horse racing or play, so bet shall be utterly void, frustrate and of none effect to all intents and purposes whatsoever.
S.C. Code Ann. § 32-11-10 — SC Code / Title 32 / Chapter 11 / Section 32-11-10
SECTION 32-11-10. Binding effect of acts of agent acting for deceased principal.
Status: in_force

If any agent constituted by power of attorney or other authority shall do any act for his principal which would be lawful if such principal were living such act shall be valid and binding on the estate of the principal, although he or she may have died before such act was done, provided the party treating with such agent dealt bona fide, not knowing at the time of the doing of such act that such principal was dead.
S.C. Code Ann. § 32-1-260 — SC Code / Title 32 / Chapter 1 / Article 3 / Section 32-1-260
SECTION 32-1-260. Association and corporate charters amended to confer powers set out in SECTION 32-1-250.
Status: in_force

The charters of all associations or corporations incorporated under the laws of this State are hereby amended so as to confer upon them the rights and powers conferred and established by SECTION 32-1-250.
S.C. Code Ann. § 32-8-305 — SC Code / Title 32 / Chapter 8 / Section 32-8-305
SECTION 32-8-305. Definitions.
Status: in_force

As used in chapter: (1) "Alternative container" means a receptacle, other than a casket, in which human remains are transported to a crematory and placed in a cremation chamber for cremation. An alternative container or cremation casket must be: (a) composed of readily combustible materials suitable for cremation; (b) resistant to leakage or spillage; (c) rigid enough for handling with ease; (d) able to provide protection for the health, safety, and personal integrity of crematory personnel. (2) "Agent" or "decedent's agent" means a person legally entitled under this chapter to order the cremation and final disposition of specific human remains. (3) "Body parts" means limbs or other portions of the anatomy that are removed from a person or human remains for medical purposes during treatment, surgery, biopsy, autopsy, or medical research; or human bodies or a portion of bodies that have been donated to science for medical research purposes. (4) "Board" means the South Carolina State Board of Funeral Service. (5) "Burial transit permit" means a permit for disposition of a dead human body as required by law. (6) "Casket" means a rigid container that is designed for the encasement of human remains. (7) "Change of ownership" means a transfer of more than fifty percent of the stock or assets of a crematory authority. (8) "Cremated remains" means all human remains recovered after the completion of a cremation. (9) "Cremation" means the technical process using either alkaline hydrolysis or heat and flame that reduces human remains to components of either liquid and bone, or bone fragments, and which may include the pulverization of the bone fragments. (10) "Cremation casket" means a rigid wooden, corrugated, fiberboard, or metal container that is designed for the encasement of human remains. (11) "Cremation certificate" means a document certifying that a decedent has been cremated and which includes the name of the decedent, the identification number, the date of cremation, the name, address, and phone number of the crematory, and the signature of the crematory authority. (12) "Cremation chamber" means the enclosed space within which the cremation takes place. (13) "Cremation interment container" means a rigid outer container composed of concrete, steel, bronze, fiberglass or some similar material in which an urn is placed before being interred in the ground and which is designed to withstand prolonged exposure to the elements and to support the earth above the urn. (14) "Cremation room" means the room in which a cremation chamber is located. (15) "Crematory" means the building or portion of a building that houses the cremation room or the holding facility, or both. (16) "Crematory authority" means the legal entity or the authorized representative of the legal entity which is licensed by the South Carolina Funeral Service Board to operate a crematory or a licensed funeral director who performs cremations. (17) "Department" means the South Carolina Department of Health and Environmental Control. (18) "Final disposition" means the burial, cremation, entombment or other disposition of a dead human body or parts of a dead human body or cremated remains. (19) "Foreign matter" means certain items including, but not limited to, body prosthesis, dentures, dental bridgework, dental fillings, jewelry, and any other personal articles accompanying the deceased. (20) "Funeral director" means a person licensed by the board to engage for hire or profit in the profession of arranging, directing, or supervising funerals. (21) "Funeral establishment" means an establishment in a building or separate portion of a building having a specific street address and location and devoted to activities relating to the shelter, care, custody, and preparation of a deceased human body and which may contain facilities for funerals, wake services, or cremations and for which a permit has been issued pursuant to Section 40-19-130. (22) "Human remains" means the body of a deceased person, including any form of body prosthesis that has been permanently attached or implanted in the body. (23) "Merchandise" means alternative containers, temporary containers, caskets, cremation caskets, rental caskets, urns, and cremation interment containers. (24) "Niche" means a compartment or cubicle for the permanent placement of an urn containing cremated remains. (25) "Pulverization" means the reduction of identifiable bone fragments after the completion of the cremation process to unidentifiable bone fragments by manual or mechanical means. (26) "Scattering area" means an area which may be designated by a cemetery and located on dedicated cemetery property where cremated remains, which have been removed from their container, may be mixed with or placed on top of the soil or ground cover. Effect of Amendment 2024 Act No. 223, SECTION 4, rewrote (9).
S.C. Code Ann. § 32-8-320 — SC Code / Title 32 / Chapter 8 / Section 32-8-320
SECTION 32-8-320. Persons who may serve as a decedent's agent; authorize cremation.
Status: in_force

(A) In the following order of priority these persons may serve as a decedent's agent and in the absence of a preneed cremation authorization may authorize cremation of the decedent: (1) the person designated as agent for this purpose by the decedent in a will or other verified and attested document, or a person named in the decedent's United States Department of Defense Record of Emergency Data Form (DD Form 93), or its successor form, if the decedent died while serving in any branch of the United States Armed Services, as defined in 10 U.S.C. Section 1481, and there is no known designation in a will or other verified and attested document of the decedent; (2) the spouse of the decedent, unless the spouse and the decedent are separated pursuant to one of the following: (a) entry of a pendente lite order in a divorce or separate maintenance action; (b) formal signing of a written property or marital settlement agreement; (c) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the spouse and the decedent; (3) the decedent's surviving adult children; (4) the decedent's surviving parents; (5) adult siblings of the decedent; (6) the adult grandchildren of the decedent; (7) the grandparents of the decedent; (8) the person appointed by the probate court as the guardian; and (9) any other person authorized or under obligation by law to dispose of the body. (B) If there is more than one member of a class listed in subsection (A)(1), (3), (4), (5), (6), (7), or (9) entitled to authorize the cremation of the decedent, the authorization to cremate may be made by a member of the class unless the member knows of an objection by another member within the class. If an objection is known, the authorization to cremate only may be made by a majority of the members of the class who are reasonably available. (C) A person may not execute an authorization to cremate if a person in a prior class is reasonably available to make or object to the execution of the authorization to cremate the decedent. (D) In the absence of a person serving as a decedent's agent pursuant to subsection (A), the following may serve as an agent and may authorize a decedent's cremation: (1) a person serving as executor or legal representative of the decedent's estate; (2) a public administrator, medical examiner, coroner, state appointed guardian, or other public official charged with arranging the final disposition of the decedent if the decedent is indigent or if the final disposition is the responsibility of the State or an instrumentality of the State; or (3) the adult who exhibited special care and concern for the decedent. (E) If a dispute arises among persons of equal priority, as provided for in subsection (A), concerning the cremation of a decedent, the matter must be resolved by order of the probate court. (F) If a funeral home handling funeral arrangements for a decedent transfers the decedent's body to another funeral home solely for cremation purposes, the funeral home performing the cremation may, in good faith, rely on a cremation authorization document executed at the funeral home handling the funeral arrangements. Effect of Amendment The 2010 amendment in subsection (A)(1) added the second clause relating to United States Department of Defense Record of Emergency. The 2012 amendment rewrote this section.
S.C. Code Ann. § 32-1-50 — SC Code / Title 32 / Chapter 1 / Article 1 / Section 32-1-50
SECTION 32-1-50. Mortgages or other conveyances of land given to secure wagers.
Status: in_force

When such mortgages, securities or other conveyances shall be of lands, tenements or hereditaments or shall be such as to encumber or affect the same, such mortgages, securities or other conveyances shall enure and be to and for the sole use and benefit of, and shall devolve upon, such person or persons as shall have been or may be entitled to such lands, tenements or hereditaments in case the grantor thereof or the person or persons so encumbering the same had been dead and as if such mortgages, securities or other conveyances had been made to such person or persons by the person so encumbering the same. And all grants and conveyances to be made for the preventing of such lands, tenements or hereditaments from coming to, or devolving upon, such person or persons hereby intended to enjoy them as aforesaid shall be deemed fraudulent and void and of none effect, to all intents and purposes whatsoever.
S.C. Code Ann. § 32-7-20 — SC Code / Title 32 / Chapter 7 / Section 32-7-20
SECTION 32-7-20. Preneed funeral contracts; management of funds; contents of contract; substitutions for merchandise selected.
Status: in_force

(A)(1) All payments of money made to a person upon an agreement or contract or a series or combination of agreements or contracts, but not including the furnishing of cemetery lots, crypts, niches, mausoleums, grave markers, or monuments, which has for a purpose the furnishing or performance of funeral services or the furnishing or delivery of personal property, merchandise, or services of any nature in connection with the final disposition of a dead human body, to be furnished or delivered at a time determinable by the death of the person whose body is to be disposed of, are held to be trust funds. (2) When a vault is sold preneed by a seller in accordance with this chapter, one hundred percent of funds received by the seller at the time of payment must be held as trust funds and deposited in a financial institution. (3) The provider receiving the payments is declared to be a trustee of the payments, and shall deposit the payments in a financial institution. All of the interest, dividends, increases, or accretions of whatever nature earned by the funds deposited in a trust account must remain with the principal of the account and become a part of it, subject to all of the regulations concerning the principal of the fund contained in this section. After the death of the beneficiary, the principal and all accrued earnings must be applied to the cost in effect at the time of death of the services and merchandise specified in the contract. A shortfall in the funds must be paid by the next of kin or the estate of the beneficiary and any excess must be refunded to the estate of the beneficiary. All taxes on the fund must be paid in accordance with the Internal Revenue Code and applicable rules and regulations. (B) The provider may enter into a contract and guarantee to provide services and merchandise in accordance with a preneed funeral contract in the future at no additional cost to the purchaser when the full contract price amount is paid to the provider. After the death of the beneficiary of a guaranteed-price contract, the principal and all accrued earnings must be paid to the provider to cover the costs in effect at the time of death of the services and merchandise specified in the contract. (C) All payments made under the agreement, contract, or plan remain trust funds with the financial institution until the death of the beneficiary and until the delivery of all merchandise and full performance of all services called for by the agreement, contract, or plan, unless payment is made pursuant to Section 32-7-30. (D) The funds must not be paid by the financial institution until a certified death certificate and a certified statement that all of the terms and conditions of the agreements have been fully performed are furnished by the provider to the financial institution. The provider has no obligation to deliver merchandise or perform a service unless payment in full has been deposited in the financial institution. An amount deposited which is not payment in full may be credited against the cost of merchandise or services contracted for by representatives of the deceased. A balance remaining in the fund after the payment for the merchandise and services as provided in the agreement, contract, or plan must be paid to the estate of the beneficiary of the agreement, contract, or plan pursuant to subsection (A) or paid to the provider of a contract pursuant to subsection (B). (E) Subsections (A), (B), (C), and (D) do not apply to contracts for funeral services or merchandise funded by insurance policies that are otherwise regulated by law; however, Section 38-55-330 governs the conduct of a licensed funeral director employed by a licensed funeral home in South Carolina, who also is licensed as an agent for a life insurer doing business in this State, except a licensed funeral director employed by a licensed funeral home owned by a company not chartered in the United States. (F) The department shall approve forms for preneed funeral contracts. All contracts must be in writing, and a contract form must not be used without prior approval of the department. The use or attempted use of an oral preneed funeral contract or a written preneed funeral contract in a form not approved by the department is a violation of this chapter by the person selling services or merchandise under its provisions; except that minor modifications to a contract form furnished or approved by the department do not invalidate the contract. (G) All contracts must contain the name and Funeral Service License Number of the provider and seller. (H) All funds received by the provider pursuant to the provisions of a contract governed by this chapter must be placed in trust in a federally insured account. The trustee may establish an individual trust for each contract or a common trust fund may be established with a financial institution that would maintain accounting for each individual deposit and furnish a quarterly report to the provider. The trust accounts must be carried in the name of the provider but accounting records must be maintained showing the amounts deposited and invested, and interest, dividends, increases, and accretions earned on them, with respect to each purchaser's contract. The trustee has the authority to transfer trust funds from one financial institution to another, except that the trustee must notify the purchaser, or the beneficiary of a deceased purchaser, within thirty days after the transfer. (I) All earnings accrue to the trust except that the provider may withdraw ten percent of the annual earnings of the trust to cover trust administration. (J) Preneed trust funds or earnings must not be used as collateral, pledged, or in any way encumbered or placed at risk. (K) If the purchaser fails to make payments as provided in the contract, the contract is voidable at the option of the provider and he may retain ten percent of the amount paid on the contract as a fee and return the remaining funds to the purchaser. (L) If the merchandise selected is not available at the time of need, the provider shall make available merchandise of equal or greater value to the purchaser or his representative. The purchaser or his representative is entitled to approve a substitution. Effect of Amendment The 2009 amendment made nonsubstantive changes throughout.
S.C. Code Ann. § 32-7-50 — SC Code / Title 32 / Chapter 7 / Section 32-7-50
SECTION 32-7-50. License required; application, issuance, and revocation; service charges and listing of contracts sold to be forwarded to department; penalty.
Status: in_force

(A) Without first securing a license from the department, no one, except a financial institution, may accept or hold payments made on a preneed funeral contract. (1) The State Board of Funeral Service must revoke the license of a funeral home or funeral director, or both, if the funeral home or funeral director: (a) accepts funds for a preneed funeral contract or other prepayment of funeral expenses without a license to sell preneed funeral contracts, or (b) is licensed to sell preneed funeral contracts and fails to deposit the funds collected in trust in a federally insured account as required by Section 32-7-20(H). (2) Application for a license must be in writing, signed by the applicant, and verified on forms furnished by the department. An application must contain at least the following: the full name and address, both residence and place of business, of the applicant and every member, officer, and director of it if the applicant is a firm, partnership, association, or corporation. A license issued pursuant to the application is valid only at the address stated in the application for the applicant or at a new address approved by the department. (3) If a licensee cancels the license and later applies for a new license, the department shall investigate the applicant's books, records, and accounts to determine if the applicant violated the provisions of this chapter during the time he did not have a license. (B) Upon receipt of the application, a one-time payment of a two hundred fifty dollar license fee, and the deposit in an amount to be determined by the department of the security or proof of financial responsibility as the department may determine, the department shall issue a license unless it determines that the applicant has made false statements or representations in the application, is insolvent, has conducted his business in a fraudulent manner, is not authorized to transact business in this State, or if, in the judgment of the department, the applicant should be denied a license for some other good and sufficient reason. (C) A person selling a preneed funeral contract shall collect from each purchaser a service charge and all fees collected must be remitted by the person collecting them to the department at least once each month. (1) With the fees collected, the person also must provide the department with a listing of each contract sold. If the listing or fees collected are not sent to the department within sixty days of the last day of the month when the contract was sold, the department shall assess a civil penalty of ten dollars for each contract not reported to the department. The monies collected as civil penalties must be deposited in the Preneed Funeral Loss Reimbursement Fund. Upon its own initiative or upon complaint or information received, the department shall investigate a person's books, records, and accounts if the department has reason to believe that fees are collected and either not remitted or not timely remitted. (2) The service charge for each contract may not exceed a total of thirty dollars, twenty-five dollars for the department to use in administering the provisions of this chapter and five dollars to be allocated to the Preneed Funeral Loss Reimbursement Fund. (3) The department shall keep a record of each preneed funeral contract for which it receives a service charge. (D) A license issued pursuant to this section expires on September thirtieth of each odd-numbered year unless otherwise revoked or canceled. A license must be renewed by filing a renewal application at least thirty days prior to expiration on forms prescribed by the department. A renewal application must be accompanied by a fee of two hundred dollars for the department to use in administering this chapter. The department shall deposit one hundred dollars of each renewal fee received into the Preneed Funeral Loss Reimbursement Fund. The department shall consider the factors in subsection (B) before issuing a license. Effect of Amendment The 2009 amendment substituted "department" for "board" throughout and made nonsubstantive changes. The 2012 amendment inserted "two hundred fifty dollar" in subsection (B); added subsection (D); and, made other, nonsubstantive, changes.
S.C. Code Ann. § 32-8-365 — SC Code / Title 32 / Chapter 8 / Section 32-8-365
SECTION 32-8-365. Solicitation.
Status: in_force

Solicitations under this chapter are governed by Sections 32-7-90 and 40-19-180.
S.C. Code Ann. § 32-8-335 — SC Code / Title 32 / Chapter 8 / Section 32-8-335
SECTION 32-8-335. "Alternative container".
Status: in_force

(A) A crematory authority and funeral establishment may require a decedent's agent to purchase an alternative container to contain the human remains before cremation but may not require the agent to purchase a casket before cremation for viewing or the actual cremation. (B) No crematory authority may accept human remains from a funeral establishment unless the remains are delivered in a casket, cremation casket, or an alternative container unless the funeral establishment has made arrangements with the crematory authority to provide the casket, cremation casket, or an alternative container before cremation. Only a licensed crematory may perform cremations of human remains in this State and only a licensed funeral director or a funeral establishment may sell preneed and at-need merchandise. (C) For purposes of this section, "alternative container" means a receptacle other than a casket, in which human remains are transported to a crematory and placed in a cremation chamber for cremation. An alternative container or cremation casket must be: (a) composed of readily combustible materials suitable for cremation; (b) resistant to leakage or spillage; (c) rigid enough for handling with ease; (d) able to provide protection for the health, safety, and personal integrity of crematory personnel.
S.C. Code Ann. § 32-7-95 — SC Code / Title 32 / Chapter 7 / Section 32-7-95
SECTION 32-7-95. Advertising and soliciting prohibitions as to preneed funeral contracts apply to funeral director licensed as agent and life insurer.
Status: in_force

The prohibitions of Section 32-7-90 as to solicitations and advertising relating to preneed funeral contracts apply equally to a funeral director licensed pursuant to this title as an agent for a life insurer as well as to the life insurer doing business in this State. Effect of Amendment The 2009 amendment substituted "pursuant" for "under".
S.C. Code Ann. § 32-8-315 — SC Code / Title 32 / Chapter 8 / Section 32-8-315
SECTION 32-8-315. Execution of a cremation authorization form.
Status: in_force

(A) A person may authorize his or her own cremation and the final disposition of his or her cremated remains by executing a cremation authorization form. A person has the right to revoke this authorization at any time by providing written notice to the funeral establishment which assisted the person in making these arrangements and the crematory authority designated to perform the cremation. (B) At the time of death of a person who had executed a cremation authorization form, the person in possession of the executed form and the person charged with making arrangements for the final disposition of the decedent who has knowledge of the existence of the executed form shall ensure that the decedent is cremated and that the final instructions contained on the authorization form are carried out. The crematory authority is required to cremate the human remains and dispose of the cremated remains according to the instructions contained on the cremation authorization form if the crematory authority has a completed authorization form, all permits, and certificates required by law, and the designated human remains. (C) A preneed authorization for cremation arranged with a licensed funeral establishment and crematory authority shall specify the final disposition of the cremated remains in accordance with Section 32-8-345. If no different or inconsistent instructions are provided to the funeral establishment or the crematory authority by the agent at the time of death, the crematory authority shall release or dispose of the cremated remains as indicated in the preneed agreement. (D) No person may revoke a cremation authorization form subsequent to the death of the person who executed the form and the instructions for cremation and disposition of the cremated remains must be complied with unless full payment for the cremation and disposition of the remains has not been received or guaranteed.
S.C. Code Ann. § 32-7-45 — SC Code / Title 32 / Chapter 7 / Section 32-7-45
SECTION 32-7-45. Transfer of contracts where provider goes out of business; department authorized to accomplish transfer.
Status: in_force

(A) If a provider goes out of business or the provider's license issued by the State Board of Funeral Service is cancelled or the license to sell preneed funeral contracts is cancelled and application for a replacement license is not filed, the provider within thirty days shall submit to the department a complete listing of names and addresses of all active contracts in its possession. The provider also shall notify all contract purchasers in writing that their contracts are to be transferred to another licensed provider of the purchaser's choice. The former licensee then shall transfer the contracts and notify the department of the providers selected within sixty days of the cancellation of the preneed license. All contracts funded by insurance or trust funds together with interest are to be transferred. The selling provider forfeits its right to monies it otherwise would be entitled to. If the provider fails to provide for the transfer of contracts within sixty days, the purchasers may request directly the financial institution to transfer the account balance to another provider selected by the purchaser with payment jointly to the provider and its financial institution. The purchaser also may request that an insurance company assign another provider as beneficiary for the insurance policy. (B) The department has jurisdiction over the provider and the insurance policy or trust funds together with interest of all active contracts and has the authority to accomplish the necessary transfer of preneed funeral contracts in all cases in which the purchaser has failed to effectuate the transfer to a licensed provider within six months of the date the provider's license issued by the State Board of Funeral Service is cancelled or the license to sell preneed funeral contracts is cancelled and an application for a replacement license has not been filed. Effect of Amendment The 2009 amendment substituted "department" for "board" and deleted "burial" preceding "insurance" throughout.
S.C. Code Ann. § 32-8-325 — SC Code / Title 32 / Chapter 8 / Section 32-8-325
SECTION 32-8-325. Prerequisites; authority; and receipt of instructions for cremation.
Status: in_force

(A) A crematory authority shall not cremate human remains until it has received all of the following: (1) An abstract of information from a filed death certificate available on the electronic vital records system or a certified copy of the death certificate; however, if the decedent was pronounced dead during hours the department was not open to the public, a completed copy of the death certificate, excluding the signature of the State Registrar of Vital Statistics, signed by the attending physician, coroner, or medical examiner must be provided to the crematory authority; the death certificate signed by the registrar must be filed the next working day of the department and a certified copy must be provided to the crematory authority. (2) A cremation authorization on a form prescribed by the board and executed by the decedent on a preneed basis or executed by the decedent's agent and which contains: (a) the identity of the human remains and the date and time of death; (b) the name of the funeral director or funeral establishment responsible for obtaining the authorization; (c) the notification of infectious, contagious, or communicable disease or a disease declared by the department to be dangerous to the public health; (d) the name, address, and phone number of the agent and the relationship between the agent and the decedent; (e) a statement that the agent has the right to authorize the cremation of the decedent, as provided for in Section 32-8-320 and that the agent is not aware of a person who has a superior priority right to that of the agent or is not aware of a person of equal priority who disagrees with authorizing the cremation; (f) authorization from the agent and the funeral director or funeral establishment for the crematory authority to perform the cremation; (g) a statement that, to the best of the agent's knowledge, the human remains do not contain a pacemaker or any other material or implant that may be hazardous or cause damage to the cremation chamber or the person performing the cremation; (h) the name of the agent or funeral establishment authorized to receive the cremated remains; (i) the method by which disposition of the cremated remains is to take place, if known. If the authorization form does not specify final disposition in a grave, crypt, niche, or scattering area, the form may indicate that the cremated remains are to be held by the crematory authority for thirty days before they are released, unless they are picked up by or shipped to the agent or funeral establishment before that time. At the end of thirty days, if final disposition arrangements have not been made, the crematory authority may return the cremated remains to the agent, crematory authority, or funeral establishment. If at the end of sixty days no final disposition arrangements have been made, the crematory authority or funeral establishment in charge of arrangements may dispose of the cremated remains in accordance with Section 32-8-345(D); (j) a listing of items of value to be delivered to the crematory authority with the human remains and instructions as to how the items should be handled; (k) a specific statement authorizing the crematory authority to proceed with the cremation upon receipt of the human remains; (l) the signature of the decedent's agent attesting to the accuracy of all statements contained on the cremation authorization form. (3) Completed and executed burial transit permit in accordance with Regulation 61-19, Section 23. (4) A cremation permit obtained in accordance with Section 17-5-600 or Section 17-5-610. (B) If a person who may serve as a decedent's agent pursuant to Section 32-8-320 is not available in person to execute a cremation authorization form, the person shall send the funeral establishment a notarized facsimile transmission that contains the person's signature, name, address, phone number, and relationship to the decedent. Upon receipt of the transmission, this person is authorized to serve as the decedent's agent. (C) An agent who signs a cremation authorization form is deemed to warrant to the best of the agent's knowledge that the facts set forth on the form are truthful, including that person's authority to order the cremation. An agent signing a cremation authorization form is personally and individually liable for all damages occasioned by and resulting from knowingly providing false information on the cremation authorization form authorizing the cremation. (D) No crematory authority which cremated, released, or disposed of human remains is liable if the authority acted in accordance with chapter unless the crematory authority's actions were grossly negligent. (E) After an agent has executed a cremation authorization form, the agent may revoke the authorization within twelve hours of its execution and instruct the funeral establishment to instruct the crematory authority to cancel the cremation. The instructions must be provided in writing. A funeral establishment and crematory authority shall honor instructions given to it by an agent under this subsection if it receives the instructions within twelve hours of the agent's execution of authorization form. Effect of Amendment 2015 Act No. 72, SECTION 2, in (A)(1), inserted "An abstract of information from a filed death certificate available on the electronic vital records system or", and inserted ", coroner, or medical examiner".
S.C. Code Ann. § 32-8-300 — SC Code / Title 32 / Chapter 8 / Section 32-8-300
SECTION 32-8-300. Short title.
Status: in_force

This chapter may be cited as the "Safe Cremation Act".
S.C. Code Ann. § 32-11-40 — SC Code / Title 32 / Chapter 11 / Section 32-11-40
SECTION 32-11-40. Effect of report that principal is "missing" or "missing in action".
Status: in_force

No report or listing, either official or otherwise, of "missing" or "missing in action" regarding any person in connection with any activity pertaining to or connected with the prosecution of any war in which the United States is then engaged, as such words "missing" or "missing in action" are used in military parlance, shall constitute or be interpreted as constituting actual knowledge or actual notice of the death of such principal or notice of any facts indicating the death of such person or shall operate to revoke the agency.
S.C. Code Ann. § 32-13-110 — SC Code / Title 32 / Chapter 13 / Section 32-13-110
SECTION 32-13-110. Contract for reimbursement of federal manufacturer's excise tax; security for payment.
Status: in_force

(A) If a contract calls for one party to reimburse the other party for the federal manufacturer's excise tax levied by Part III, Subchapter A, Chapter 32 of the United States Internal Revenue Code, whether as a separate item or as part of the price, there exists for the party making the reimbursement a contractual right relating to the timing of that payment which may be invoked at the option of the party as provided in subsection (B). (B) The party making the reimbursement is not required to tender payment for the taxes more than one business day before the time that the other party is required to remit the taxes to the United States Internal Revenue Service. (C) If a party exercises the option provided in subsections (A) and (B), the other party may demand security for the payment of the taxes in proportion to the amount the taxes represent compared to the security demanded on the contract as a whole. That party, however, may not change the other payment terms of the contract without a valid business reason other than to exercise the option as provided in subsections (A) and (B) except to require the payment of the taxes under the option to be made by electronic transfer of funds. (D) The party exercising the option provided in subsections (A) and (B) shall notify the other party in writing of the intent to exercise the payment option and the effective date of the exercise which must be no earlier than thirty days after the notice of intent is received or the beginning of the next federal tax quarter, whichever is later. (E) This section applies to all contracts now in effect which have no expiration date and are continuing contracts and to all other contracts entered into or renewed after the effective date of this section. A contract in force and effect on the effective date of this section, which, by its own terms terminates on a date subsequent to it, must be governed by the law as it existed before the effective date of this section. (F) The option provided for in subsections (A) and (B) does not impair the obligations arising under any contract executed before the effective date of this section. If the option provided for in subsections (A) and (B) is exercised, it does not relieve the party of the obligation to make the reimbursement as provided for in the contract but affects only the timing of when that reimbursement must be tendered.
S.C. Code Ann. § 32-7-10 — SC Code / Title 32 / Chapter 7 / Section 32-7-10
SECTION 32-7-10. Definitions.
Status: in_force

As used in this chapter, unless the context requires otherwise: (1) "Administrator" means the Administrator of the South Carolina Department of Consumer Affairs. (2) "At need" means after the beneficiary is deceased, and "at preneed" means before the beneficiary is deceased. (3) "Beneficiary" means the person who is to be the subject of the disposition, services, facilities, or merchandise described in a preneed funeral contract. (4) "Common trust fund" means a trust in which the proceeds of more than one funeral contract may be held by the trustee. (5) "Department" means the South Carolina Department of Consumer Affairs. (6) "Financial institution" means a bank, trust company, or savings and loan association authorized by law to do business in this State. (7) "Funeral services" or "funeral arrangements" means any of the following: (a) engaging in providing shelter, care, and custody of the human dead; (b) preparing the human dead by embalming or other methods for burial or other disposition; or (c) engaging in the practice or performing any functions of funeral directing or embalming as presently recognized by persons engaged in these functions. (8) "Preneed funeral contract" means a contract which has for its purpose the furnishing or performance of funeral services or the furnishing or delivery of personal property, merchandise, or services of any nature in connection with the final disposition of a dead human body to be furnished or delivered at a time determinable by the death of the person whose body is to be disposed of, but does not mean the furnishing of a cemetery lot, crypt, niche, mausoleum, grave marker, or monument. (9) "Provider" means a funeral home licensed in this State which is the entity providing services and merchandise pursuant to a preneed funeral contract and is designated trustee of all funds. (10) "Purchaser" means the person who is obligated to make payments under a preneed funeral contract. (11) "Seller" means a licensed funeral director in this State who is directly employed by the provider. (12) "Trust account" means a federally insured account where the funds shall be paid to a provider only when the provider furnishes the financial institution with a certified certificate of death and a certified statement that the services have been performed and the merchandise has been delivered. Effect of Amendment The 2009 amendment added definitions of "Administrator" and "Department", deleted the definition of "Board", and reordered the definitions alphabetically. The 2012 amendment inserted definitions for "at need", "funeral services", and "trust account"; renumbered the items accordingly, and made other nonsubstantive changes.
S.C. Code Ann. § 32-1-210 — SC Code / Title 32 / Chapter 1 / Article 3 / Section 32-1-210
SECTION 32-1-210. Definitions.
Status: in_force

For the purpose of this article: (1) The term "contract for sale" shall be held to include sales, purchases, agreements of sale, agreements to sell and agreements to purchase; and (2) A "bucket shop" is hereby defined to be any place of business wherein are made contracts of the sort or character denounced by SECTION 32-1-220.
S.C. Code Ann. § 32-8-375 — SC Code / Title 32 / Chapter 8 / Section 32-8-375
SECTION 32-8-375. Continuing education courses for removal and disposition of pacemakers.
Status: in_force

The board shall offer or arrange for continuing education courses addressing the removal and disposition of pacemakers by licensed embalmers.
S.C. Code Ann. § 32-7-130 — SC Code / Title 32 / Chapter 7 / Section 32-7-130
SECTION 32-7-130. Sale at need of granite, memorials, or vaults by licensed funeral director.
Status: in_force

Nothing in this chapter or in Chapter 55, Title 39 precludes the sale at need of granite, memorials, or vaults by a licensed funeral director. However, a licensed funeral director may sell only vaults preneed in accordance with this chapter. Effect of Amendment The 2009 amendment made a nonsubstantive change.
S.C. Code Ann. § 32-3-10 — SC Code / Title 32 / Chapter 3 / Section 32-3-10
SECTION 32-3-10. Agreements required to be in writing and signed.
Status: in_force

No action shall be brought whereby: (1) To charge any executor or administrator upon any special promise to answer damages out of his own estate; (2) To charge the defendant upon any special promise to answer for the debt, default or miscarriage of another person; (3) To charge any person upon any agreement made upon consideration of marriage; (4) To charge any person upon any contract or sale of lands, tenements or hereditaments or any interest in or concerning them; or (5) To charge any person upon any agreement that is not to be performed within the space of one year from the making thereof; Unless the agreement upon which such action shall be brought or some memorandum or note thereof shall be in writing and signed by the party to be charged therewith or some person thereunto by him lawfully authorized.
S.C. Code Ann. § 32-1-60 — SC Code / Title 32 / Chapter 1 / Article 1 / Section 32-1-60
SECTION 32-1-60. Application of statutes to gambling activities not authorized by law.
Status: in_force

Beginning on the effective date of this section, the provisions of Sections 32-1-10, 32-1-20, and 32-1-30 apply only to those gambling activities not authorized by law.
S.C. Code Ann. § 32-1-280 — SC Code / Title 32 / Chapter 1 / Article 3 / Section 32-1-280
SECTION 32-1-280. Bucket shops.
Status: in_force

The maintenance or operation of a bucket shop at any point in this State is prohibited.
S.C. Code Ann. § 32-11-30 — SC Code / Title 32 / Chapter 11 / Section 32-11-30
SECTION 32-11-30. Affidavit as proof of lack of knowledge of death of principal.
Status: in_force

An affidavit executed by the attorney in fact or agent setting forth that he has not or had not at the time of doing any act pursuant to the power of attorney received actual knowledge or actual notice of the death of the principal or notice of any facts indicating his death shall, in the absence of fraud, be conclusive proof of the absence of knowledge or notice by such agent of the death of the principal at such time. If the exercise of the power requires the execution and delivery of any instrument which is recordable under the laws of the State such affidavit shall likewise be recordable.
S.C. Code Ann. § 32-11-20 — SC Code / Title 32 / Chapter 11 / Section 32-11-20
SECTION 32-11-20. Binding nature of notes or bills made before death and negotiated or transferred by agent afterwards.
Status: in_force

If any note or bill, whether filled up before or after having been signed or endorsed, shall be negotiated or transferred after the death of such drawer or endorser by an agent duly constituted in the lifetime of such drawer or endorser, such note or bill shall be valid and binding on the estate, in like manner as though he had not died before such negotiation or transfer, if the receiver of such note or bill received the same bona fide, without a knowledge of such death, and if the act of the agent would have been binding on the principal if it had been done before such death. The act to be done, either under the power of attorney or authority or in relation to the bill or note, must be done within nine months after the death of the principal or of the drawer or endorser of such note or bill.
S.C. Code Ann. § 32-1-230 — SC Code / Title 32 / Chapter 1 / Article 3 / Section 32-1-230
SECTION 32-1-230. Establishment of local exchanges, boards of trade or similar institutions.
Status: in_force

There may be organized, as voluntary associations, in any municipality in this State cotton exchanges, grain exchanges, boards of trade or similar institutions to receive and post quotations on cotton, grain, stocks or other commodities for the benefit of their members or other persons engaged in the production of cotton, grain or other commodities. Every such association shall be composed of members and shall adopt a uniform set of rules and regulations not incompatible with the laws of this State and of the United States. They shall open their books to inspection of all proper courts and officers when required so to do.
S.C. Code Ann. § 32-1-20 — SC Code / Title 32 / Chapter 1 / Article 1 / Section 32-1-20
SECTION 32-1-20. Suit by person other than loser for recovery of losses.
Status: in_force

In case any person who shall lose such money or other thing as aforesaid shall not, within the time aforesaid, really and bona fide and without covin or collusion sue and with effect prosecute for the money or other things so by him or them lost and paid and delivered as aforesaid, it shall be lawful for any other person, by any such action or suit as aforesaid, to sue for and recover the same and treble the value thereof, with costs of suit, against such winner or winners as aforesaid, the one moiety thereof to the use of the person that will sue for the same and the other moiety to the use of the county in which the offense shall have been committed.
S.C. Code Ann. § 32-7-25 — SC Code / Title 32 / Chapter 7 / Section 32-7-25
SECTION 32-7-25. Irrevocable contracts.
Status: in_force

The contracts governed by the provisions of this chapter may be made irrevocable at the option of the purchaser. If the purchaser selects an irrevocable contract he must be allowed thirty days to examine the contract. Within that period, the purchaser may revoke his decision to enter this contract and all monies paid by the purchaser must be refunded. An irrevocable trust-funded preneed funeral contract executed under this chapter must not be converted to an insurance-funded preneed funeral contract. If a premium is paid on an insurance-funded preneed irrevocable contract and the contract is revoked within thirty days, the full premium must be refunded. Effect of Amendment The 2009 amendment made nonsubstantive changes.
S.C. Code Ann. § 32-8-380 — SC Code / Title 32 / Chapter 8 / Section 32-8-380
SECTION 32-8-380. Promulgate regulations.
Status: in_force

The South Carolina State Board of Funeral Service shall promulgate regulations to carry out the provisions of this chapter including, but not limited to, the regulation of crematories whether or not constructed on the grounds of a funeral establishment.
S.C. Code Ann. § 32-7-120 — SC Code / Title 32 / Chapter 7 / Section 32-7-120
SECTION 32-7-120. Application of chapter.
Status: in_force

This chapter does not modify, abridge, or repeal any provision of Chapter 55, Title 39. This chapter applies only to preneed funeral contracts sold by funeral homes licensed in this State and their licensed directors. Effect of Amendment The 2009 amendment made nonsubstantive changes.
S.C. Code Ann. § 32-8-355 — SC Code / Title 32 / Chapter 8 / Section 32-8-355
SECTION 32-8-355. Human remains; presence of pacemaker.
Status: in_force

If a decedent's agent informs the funeral establishment on the cremation authorization form of the presence of a pacemaker in the human remains, the funeral establishment must ensure that all necessary steps have been taken to remove the pacemaker before delivering the human remains to the crematory authority. If the funeral establishment who delivers the human remains to the crematory knows of the presence of a pacemaker in the human remains and fails to ensure that the pacemaker has been removed before delivery and if the remains are cremated with the pacemaker, the funeral establishment who delivered the human remains to the crematory and who knew of the presence of the pacemaker is liable for all resulting damages.
S.C. Code Ann. § 32-8-330 — SC Code / Title 32 / Chapter 8 / Section 32-8-330
SECTION 32-8-330. Crematory to retain permanent records.
Status: in_force

(A) The crematory authority shall furnish to the person who delivers human remains to the crematory authority a receipt as prescribed by the board signed by the crematory authority or representative and the person who delivers the human remains. It must show the name of the decedent, the date and time of delivery, type casket or alternative container that was delivered, name of the person from whom the human remains were received, and the funeral establishment with whom the person is affiliated, and the name of the person who received the human remains on behalf of the crematory authority. (B) The crematory authority shall retain in its permanent records the signature and name of the representative of a funeral establishment or the signature and name of the decedent's agent who received the cremated remains. It must show the name of the deceased, the date and time of the release, and the name of the representative of the crematory authority who released the cremated remains. If the release was to the United States Post Office, the crematory authority shall retain the return receipt requested card. (C) A crematory authority shall maintain at its place of business a permanent record of each cremation that took place at its facility. The record shall contain the name of the decedent, the date of the cremation, and the final disposition of the cremated remains, if known. (D) The crematory authority shall maintain for ten years a record of all cremated remains disposed of by the crematory authority. (E) Upon completion of the cremation, the crematory authority shall file the burial transit permit in accordance with department regulations. (F) All cemeteries shall maintain a record of all cremated remains that are disposed of on their property.
S.C. Code Ann. § 32-7-40 — SC Code / Title 32 / Chapter 7 / Section 32-7-40
SECTION 32-7-40. Deposit of trust funds.
Status: in_force

All trust funds described in this chapter must be deposited in the name of the trustee, as trustee, within thirty days after receipt. Effect of Amendment The 2009 amendment substituted "described" for "mentioned".
S.C. Code Ann. § 32-7-100 — SC Code / Title 32 / Chapter 7 / Section 32-7-100
SECTION 32-7-100. Penalties; revocation of license; request for contested case hearing.
Status: in_force

(A) A person wilfully violating the provisions of this chapter is guilty of a: (1) misdemeanor, if the value of money obtained or sought to be obtained is ten thousand dollars or less and, upon conviction or plea, the person may be fined up to twenty-five thousand dollars, or imprisoned for not more than six months, or both; (2) felony, if the value of money obtained or sought to be obtained is more than ten thousand dollars, and, upon conviction or plea, the person must be fined in the discretion of the court in an amount not less than twenty-five thousand dollars, or imprisoned for not more than ten years, or both; (3) in addition, a person convicted of a misdemeanor pursuant to this section may be prohibited from entering into further preneed funeral contracts, if the department, in its discretion, finds that the offense is sufficiently grievous. A person convicted of a felony pursuant to this chapter is subject to the following additional penalties when the value of the money obtained or sought to be obtained is: (a) twenty-five thousand dollars or less, upon conviction or plea, the person is subject to a two-year suspension from conducting preneed funeral contract sales, and restitution as may be ordered by the court; (b) greater than twenty-five thousand dollars, but less than one hundred thousand dollars, upon conviction or plea, the person is subject to a five-year suspension from conducting preneed funeral contract sales, and restitution as may be ordered by the court; (c) greater than one hundred thousand dollars, upon conviction or plea, the person is subject to a ten-year suspension from conducting preneed funeral contract sales, and restitution as may be ordered by the court. (B) The determination of the degree of an offense under subsection (A) must be measured by the total value of all money obtained or sought to be obtained by the unlawful conduct. (C)(1) Before the suspension, revocation, or other action by the department involving a license to sell preneed funeral contracts becomes final, a licensee is entitled to request a contested case hearing before the Administrative Law Court, in accordance with the Administrative Procedures Act. (2) Other action by the department may include a warning notice of deficiency, additional education requirements concerning the provisions of this chapter, a fine, or a cease and desist order for violation of a provision in this chapter. Effect of Amendment The 2009 amendment designated subsection (A), in the first sentence substituted "one thousand dollars or more than five thousand dollars" for "five hundred dollars nor more than one thousand dollars", in the second sentence substituted "department" for "board", and deleted the third sentence relating to appealing revocation of a license; and added subsection (B) pertaining to requesting a contested case hearing. The 2012 amendment rewrote the section. 2024 Act No. 223, SECTION 2, rewrote (A).
S.C. Code Ann. § 32-3-20 — SC Code / Title 32 / Chapter 3 / Section 32-3-20
SECTION 32-3-20. Action on representation as to character will lie only where representation is in writing and signed.
Status: in_force

No action shall be brought whereby to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade or dealings of any person to the intent or purpose that such other person may obtain credit, money or goods thereon unless such representation or assurance be made in writing, signed by the party to be charged therewith or by some person thereunto by him legally authorized.
S.C. Code Ann. § 32-8-310 — SC Code / Title 32 / Chapter 8 / Section 32-8-310
SECTION 32-8-310. Crematory; compliance with local zoning regulations.
Status: in_force

A crematory may be constructed on the grounds of a funeral establishment and must be in compliance with local zoning regulations.
S.C. Code Ann. § 32-7-60 — SC Code / Title 32 / Chapter 7 / Section 32-7-60
SECTION 32-7-60. Preneed Funeral Loss Reimbursement Fund established; disposition of funds; reimbursement procedures; advertising restrictions in sales of preneed contracts.
Status: in_force

(A) There is established the Preneed Funeral Loss Reimbursement Fund which must be administered by the department. The purpose of the fund is to reimburse the estates of beneficiaries of preneed funeral contacts, or in the absence of an estate filing, the purchaser or applicant with payment jointly to the funeral home providing services or merchandise or both, who have suffered financial loss as a result of the misfeasance, fraud, default, failure, or insolvency of a South Carolina funeral home or South Carolina funeral director. (B) From the service charge for each preneed contract as required by Section 32-7-50(C), the department shall deposit into the fund that portion of the charge as established by the department. The department may suspend or resume deposits into the fund at any time and for any period to ensure that a sufficient amount is available to meet likely disbursements and to maintain an adequate reserve. The maximum amount of the service charge to be allocated to the Preneed Funeral Loss Reimbursement Fund as required by Section 32-7-50(C)(2) may not exceed the amount of five dollars for each preneed contract. (C) All sums received by the department pursuant to this section must be held in a separate account maintained by the Office of State Treasurer to be used solely as provided in this section. All interest or other income earned on the fund must be retained by the fund. (D) Reimbursements from the fund may not exceed the total payment made for preneed funeral services or merchandise or both. Interest or future graduated insurance benefits must not be reimbursed. Upon the death of the beneficiary and the applicant's compliance with all applicable rules of the department, reimbursement from the fund may be made to the estate of the beneficiary, the purchaser, or applicant with payment jointly to the funeral home providing services or merchandise or both only to the extent to which losses are not bonded or otherwise covered. If the department makes payments from the fund under this section, the department is subrogated in the reimbursed amount and may bring an action against a person, including a preneed licensee. The department may enforce claims it may have for restitution or otherwise and may employ and compensate from the fund consultants, legal counsel, accountants, and other persons it considers appropriate to ensure compliance with this section. (E) The department shall investigate all applications made and may reject or allow claims in whole or in part. Payment must be made to the extent that monies become available in the fund. Reimbursements for completed claims must be processed in the order in which they are received subject to availability of monies in the fund. The department has complete discretion to determine the order and manner of payment of approved applications. All payments are a matter of privilege and not a right, and a person does not have a right in the fund as a third party beneficiary or otherwise. (F) The department shall furnish a form of application for reimbursement which shall require the following minimum information: (1) the name and address of the applicant; (2) the name and address of the funeral service or funeral director, or both, who caused the loss; (3) the amount of the alleged loss for which application for reimbursement is made; (4) a copy of a preneed funeral contract or written agreement which was the basis of the alleged loss; (5) a copy of payment receipts or canceled checks, or both; (6) a copy of the death certificate; (7) a general statement of facts relative to the application; (8) supporting documents, including copies of court proceedings and other papers indicating the efforts of the applicant to obtain reimbursement from the provider, insurance companies, or others; (9) documentation of receipt of funds in partial payment of the loss; (10) name and address of the funeral home that provided services or merchandise or both. (G) This fund and all interest earned may be used only as prescribed in this section and may not be used for another purpose. The department may expend monies from the fund to: (1) make reimbursements on approved applications; (2) purchase insurance to cover losses and department liability as considered appropriate by the department and not inconsistent with the purpose of the fund; (3) invest portions of the fund as are not currently needed to reimburse losses and maintain adequate reserves, as are permitted to be made by fiduciaries under state law; (4) pay the expenses, other than normal operating expenses, of the department for administering the fund, including employment of legal counsel, accountants, consultants, and other persons the department considers necessary to ensure compliance with this section. (H) A person may not make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, poster, or over any radio station or television station, or in any other way any advertisement, announcement, or statement that uses the existence of the fund for the purpose of sales, solicitation, or inducement to purchase any form of preneed contract covered by this chapter. (I) The department may establish procedures and promulgate regulations it determines necessary to implement the purposes of the section. Effect of Amendment The 2009 amendment substituted "department" for "board" and made nonsubstantive changes throughout. The 2012 amendment removed "The maximum amount of the fund is five hundred thousand dollars with a five percent adjustment compounded annually." from subsection (B).
S.C. Code Ann. § 32-7-110 — SC Code / Title 32 / Chapter 7 / Section 32-7-110
SECTION 32-7-110. Enforcement; investigation of unlicensed providers.
Status: in_force

(A) The department shall enforce the provisions of this chapter and has the power to make investigations, subpoena witnesses and documents, require audits and reports, and conduct hearings as to violations of any provisions, and to promulgate regulations necessary to carry out the provisions of this chapter. (B)(1) Upon its own initiative or upon receipt of a written complaint, the department shall investigate a funeral home, funeral director, individual, or business the department has reason to believe is acting as a provider without a license. In order to conduct its investigation, the department shall review the books, records, and accounts of: (a) a funeral home or funeral director licensed by the State Board of Funeral Service even if the funeral home or funeral director is not licensed to sell preneed funeral contracts; or (b) an individual or business the department has reason to believe is acting as a provider without a license. If the department discovers that a violation of this chapter has occurred by a funeral home, funeral director, individual, or business that is not licensed to sell preneed funeral contracts, the department may initiate an action for a violation of this chapter in the Administrative Law Court for a cease and desist order or assess an administrative fine not to exceed ten thousand dollars, or both. (2) A person aggrieved by an order of the department may request a contested case hearing before the Administrative Law Court. (C) Whether or not enforcement action is taken by the department, the department shall report a violation it discovers to the State Board of Funeral Service for an action pursuant to Section 40-19-110(12) and to the Attorney General, a circuit solicitor, or an appropriate law enforcement agency. Effect of Amendment The 2009 amendment, in subsections (A) and (B), substituted "department" for "board" and made nonsubstantive changes throughout; in subsection (B), rewrote the third sentence, substituting the provision at the end relating to cease and desist orders and administrative fines for a clause relating to reporting violations, and added the fourth sentence relating to requesting a contested case hearing; and designated and rewrote subsection (C) relating to reporting violations. 2024 Act No. 223, SECTION 3, rewrote (B).
S.C. Code Ann. § 32-1-220 — SC Code / Title 32 / Chapter 1 / Article 3 / Section 32-1-220
SECTION 32-1-220. Contracts when actual delivery not contemplated.
Status: in_force

Any contract of sale for future delivery of cotton, grain, stocks or other commodities when it is not the bona fide intention of parties that the things mentioned therein are to be delivered but which is to be settled according to or upon the basis of the public market quotations or prices made on any board of trade, exchange or other similar institution, without any actual bona fide execution and the carrying out of such contract upon the floor of such exchange, board of trade or similar institution, in accordance with the rules thereof, shall be null and void and unenforceable in any court of this State and no action shall be maintainable thereon at the suit of any party.
S.C. Code Ann. § 32-1-10 — SC Code / Title 32 / Chapter 1 / Article 1 / Section 32-1-10
SECTION 32-1-10. Suit by loser at cards or other game for recovery of losses.
Status: in_force

Any person who shall at any time or sitting, by playing at cards, dice table or any other game whatsoever or by betting on the sides or hands of such as do play at any of the games aforesaid, lose to any person or persons so playing or betting, in the whole, the sum or value of fifty dollars and shall pay or deliver such sum or value or any part thereof shall be at liberty, within three months then next ensuing, to sue for and recover the money or goods so lost and paid or delivered or any part thereof from the respective winner or winners thereof, with costs of suit, by action to be prosecuted in any court of competent jurisdiction.
S.C. Code Ann. § 32-7-70 — SC Code / Title 32 / Chapter 7 / Section 32-7-70
SECTION 32-7-70. Accounts and records; investigations.
Status: in_force

(A) The provider must keep accurate accounts, books, and records in this State of all transactions, copies of all agreements, dates, and amounts of payments made and accepted on them, the names and addresses of the contracting parties, the persons for whose benefit funds are accepted, and the names of the depositories of the funds. The provider must make all books and records pertaining to the trust funds available to the department for examination. (B) The department may at any reasonable time and shall at least once every two years investigate the books, records, and accounts of each provider with respect to its trust funds and for that purpose may require the attendance of and examine under oath all persons whose testimony the department may require. The department shall investigate a provider's books, records, and accounts if the department has reason to believe or has received a complaint alleging that the provider has violated the provisions of this chapter. Effect of Amendment The 2009 amendment substituted "department" for "board" and made nonsubstantive changes throughout.
S.C. Code Ann. § 32-8-350 — SC Code / Title 32 / Chapter 8 / Section 32-8-350
SECTION 32-8-350. Crematory's liability for damages.
Status: in_force

(A) A crematory authority is not liable for damages arising from cremating the human remains designated by a cremation authorization form if the form complies with Section 32-8-325 and if the cremation is performed in accordance with this chapter. (B) A crematory authority is not liable for damages resulting from refusing to accept or cremate human remains or refusing to release or dispose of cremated remains if the authority is aware of a dispute concerning the remains or if the authority has a reasonable basis for questioning a statement or representation made by the decedent's agent. (C) A crematory authority is not responsible or liable for valuables delivered with the human remains unless the crematory authority has received written instructions in accordance with Section 32-8-325(A)(2)(j). (D) No cemetery is liable for cremated remains that are dumped, scattered, or otherwise deposited on the cemetery in violation of this chapter, if that action is taken without the cemetery's consent.
S.C. Code Ann. § 32-8-370 — SC Code / Title 32 / Chapter 8 / Section 32-8-370
SECTION 32-8-370. Comprehensive cremation statute.
Status: in_force

This chapter must be construed and interpreted as a comprehensive cremation statute, and the provisions of the article take precedence over any existing laws containing provisions applicable to cremation but that do not specifically or comprehensively address cremation.
S.C. Code Ann. § 32-8-385 — SC Code / Title 32 / Chapter 8 / Section 32-8-385
SECTION 32-8-385. Requirement for at least one trained individual in performing cremations.
Status: in_force

(A) A crematory is required to have in its employ at least one individual who has been trained in performing cremations by the licensed crematory authority who is his employer, and also by the manufacturer of the equipment to be used to perform cremations, or by some other appropriate method as provided by regulation of the board. Upon meeting the requirements of this section, this individual is considered to be sufficiently trained for the purposes of this chapter. All cremations must be performed by a trained individual who has registered with the board. (B) To be registered with the board, the individual must: (1) complete an application in the format prescribed by the board; (2) successfully complete a crematory operator training course approved by the board of not less than eight hours of instructional time; (3) have not been convicted of or pled guilty to a crime that directly relates to the duties, responsibilities, or fitness of the occupation or profession; and (4) pay a fee as established in regulation not to exceed fifty dollars. (C) Registrations under this section must be renewed every two years by submitting a renewal application and paying a renewal fee established in regulation not to exceed fifty dollars. (D) Registered, trained individuals are subject to applicable provisions of Section 40-1-110, Chapter 19, Title 40, Chapter 8, Title 32, and board regulations. Effect of Amendment 2024 Act No. 223, SECTION 6, rewrote the section.
S.C. Code Ann. § 32-1-270 — SC Code / Title 32 / Chapter 1 / Article 3 / Section 32-1-270
SECTION 32-1-270. Statements to be furnished by agents; effect of failure to furnish.
Status: in_force

Every person shall furnish upon demand to any principal for whom such person has executed any contract for the future delivery of any cotton, grain, stocks or other commodities a written instrument setting forth the name and location of the exchange, board of trade or similar institution upon which such contract has been executed, the date of the execution of the contract and the name and address of the person with whom such contract was executed. If such person shall refuse or neglect to furnish such statement upon reasonable demand such refusal or neglect shall be prima facie evidence that such contract was an illegal contract within the provisions of SECTION 32-1-220 and that the person who executed it was engaged in the maintenance and operation of a bucket shop.
S.C. Code Ann. § 32-9-20 — SC Code / Title 32 / Chapter 9 / Section 32-9-20
SECTION 32-9-20. Satisfying judgment recovered.
Status: in_force

An instrument given pursuant to SECTION 32-9-10 shall be deemed a satisfaction piece for the purpose of satisfying any judgment recovered upon an indebtedness released or discharged thereby as far as the judgment affects the compounding debtor. When a judgment is satisfied thereby a special entry must be made upon the judgment roll to the effect that the judgment is satisfied as to the compounding debtor only.
S.C. Code Ann. § 32-7-35 — SC Code / Title 32 / Chapter 7 / Section 32-7-35
SECTION 32-7-35. Transfer of preneed funeral contracts.
Status: in_force

(A) A preneed funeral contract may be transferred to another provider only upon the prior written request of the purchaser or the beneficiary of a deceased purchaser or pursuant to Section 32-7-45. The selling provider must be paid a fee equal to ten percent of the contract face amount. The selling provider also must be paid ten percent of the earnings in that portion of the final year before transfer. (B) A preneed funeral contract, whether revocable or irrevocable, funded by an insurance policy may be transferred to another provider only upon the prior written request of the purchaser or the beneficiary of a deceased purchaser or pursuant to Section 32-7-45. The selling provider may not collect, charge, or receive a fee in connection with this transfer of a preneed funeral contract funded by an insurance policy. An irrevocable preneed funeral contract funded by an insurance policy may be transferred to another provider only upon the prior written request of the purchaser or the beneficiary of a deceased purchaser or pursuant to Section 32-7-45. (C)(1) At preneed, a preneed funeral contract may be transferred only to a funeral home that is licensed to sell preneed funeral contracts. The receiving funeral home is not required to pay an additional service charge unless there are changes to the contract. (2) At need, a preneed funeral contract may be transferred to any funeral home that is licensed by the Board of Funeral Directors. Effect of Amendment The 2009 amendment designated subsections (A) and (B), and substituted "upon" for "at" and "of a deceased purchaser" for "if the purchaser dies before the beneficiary" throughout. The 2012 amendment added subsection (C).
S.C. Code Ann. § 32-1-250 — SC Code / Title 32 / Chapter 1 / Article 3 / Section 32-1-250
SECTION 32-1-250. Bona fide hedging contracts.
Status: in_force

Any person making any contract of sale for future delivery of any cotton, grain, meats or other animal, mineral or vegetable product of which such person is, at the time of the making of such contract of sale for future delivery, the actual owner or as to which such person may be duly authorized by the owner thereof to make and enter into such contract of sale for future delivery may for his protection on such contract of sale for future delivery make and negotiate sales or purchases for future delivery upon any legally established board of trade or exchange in this or any other state and under the rules and regulations of such board of trade or exchange of a like and equal amount of cotton, grain, meats or other animal, mineral or vegetable products as that covered by and embraced in such contract of sale for future delivery of cotton, grain, meats or other animal, mineral or vegetable products so owned by him or which, at the time of the making of such contract of sale he was duly authorized by the owners thereof to enter into such contract to sell, for future delivery. And every such contract of sale or purchase so made upon any legally established board of trade or exchange in this or any other state shall be taken and adjudged by the courts of this State to be a good, valid and legitimate contract of sale or purchase, anything in the statutes of this State to the contrary notwithstanding; provided, that this section shall be deemed to authorize only bona fide hedges or contracts of purchase or sale for the purpose of fixing prices.
S.C. Code Ann. § 32-7-90 — SC Code / Title 32 / Chapter 7 / Section 32-7-90
SECTION 32-7-90. Soliciting and advertising.
Status: in_force

(A) A contract seller, provider, agent, employee, or person acting in behalf of one of these persons may not: (1) directly or indirectly call upon individuals or persons in hospitals, rest homes, nursing homes, or similar institutions for the purpose of soliciting preneed funeral contracts or making funeral or final disposition arrangements without first having been specifically requested by the person to do so; (2) directly or indirectly employ an agent, assistant, employee, independent contracting person, or other person to call upon individuals or persons in hospitals, rest homes, nursing homes, or similar institutions for the purpose of soliciting preneed funeral contracts or making funeral or final disposition arrangements without first having been specifically requested by the person to do so; (3) solicit relatives of persons whose death is apparently pending or whose death has recently occurred for the purpose of providing funeral services, final disposition, burial, or funeral goods for the person; (4) solicit or accept or pay consideration for recommending or causing a dead human body to be provided funeral services and funeral and burial goods by specific persons, or the services of a specific crematory, mausoleum, or cemetery unless the arrangement is the subject of a preneed funeral contract; or (5) solicit by telephone call or by visit to a personal residence unless the solicitation has been previously requested by the person solicited or by a family member residing at the residence. (B) This chapter does not restrict the right of a person lawfully to advertise, to use direct mail, or otherwise communicate in a manner not within the above prohibition of solicitation or to solicit the business of anyone responding to the communication or otherwise initiating discussion of the goods or services being offered. (C) This chapter does not prohibit general advertising. (D) A person making a personal or written solicitation for a preneed funeral contract, as soon as possible, shall divulge the real reason for the contract or solicitation. (E) The department may promulgate regulations for the solicitation of preneed contracts by sellers and providers and their agents and employees to protect the public from solicitation practices that utilize undue influence or that take undue advantage of a person's ignorance or emotional vulnerability. Effect of Amendment The 2009 amendment made nonsubstantive changes throughout; and, in subsection (E), substituted "department" for "board".
S.C. Code Ann. § 32-2-10 — SC Code / Title 32 / Chapter 2 / Section 32-2-10
SECTION 32-2-10. Hold harmless clauses in certain construction contracts.
Status: in_force

Notwithstanding any other provision of law, a promise or agreement in connection with the design, planning, construction, alteration, repair or maintenance of a building, structure, highway, road, appurtenance or appliance, including moving, demolition and excavating, purporting to indemnify the promisee, its independent contractors, agents, employees, or indemnitees against liability for damages arising out of bodily injury or property damage proximately caused by or resulting from the sole negligence of the promisee, its independent contractors, agents, employees, or indemnitees is against public policy and unenforceable. Nothing contained in this section shall affect a promise or agreement whereby the promisor shall indemnify or hold harmless the promisee or the promisee's independent contractors, agents, employees or indemnitees against liability for damages resulting from the negligence, in whole or in part, of the promisor, its agents or employees. The provisions of this section shall not affect any insurance contract or workers' compensation agreements; nor shall it apply to any electric utility, electric cooperative, common carriers by rail and their corporate affiliates or the South Carolina Public Service Authority.
S.C. Code Ann. § 32-8-340 — SC Code / Title 32 / Chapter 8 / Section 32-8-340
SECTION 32-8-340. Conditions for cremation, time period prior to cremation.
Status: in_force

(A) Human remains may not be cremated before twenty-four hours have elapsed from the time of death as indicated on the attending physician's, medical examiner's, coroner's certificate of death, or an abstract of information from a filed death certificate available on the electronic vital records system. However, if it is known that the decedent had an infectious or dangerous disease and if the time requirement is waived in writing by the attending physician, medical examiner, or coroner in the county in which the death occurred, the remains may be cremated before twenty-four hours have elapsed. (B) No crematory authority shall cremate human remains when the authority has actual knowledge that human remains contain a pacemaker or other material or implant that may be potentially hazardous to the person performing the cremation or to the environment. (C) No crematory authority shall refuse to accept human remains for cremation because the remains are not embalmed. (D) If a crematory authority is unable or unauthorized to cremate human remains immediately upon taking custody of the remains, the crematory authority shall place the human remains in a holding facility which may be located in a cremation room. Access to a holding facility must be limited to authorized persons and must be constructed and maintained to preserve the health and safety of the crematory authority personnel. (E) The casket, cremation casket, or alternative container must be cremated with the human remains or destroyed unless the crematory authority has notified the decedent's agent to the contrary on the cremation authorization form and obtained the written consent of the agent. (F) No crematory authority may simultaneously cremate the human remains of more than one person within the same cremation chamber without the prior written consent of the agent. However, nothing in this subsection prevents the simultaneous cremation within the same cremation chamber of body parts that have been used for anatomical study delivered by a licensed hospital or medical facility in this State to the crematory authority from multiple sources or the use of cremation equipment that contains more than one cremation chamber. (G) A crematory authority may not remove dental gold, body parts, organs, or any item of value before a cremation without previously having received specific written authorization from the decedent's agent and written instructions on the delivery of these items to the agent. A crematory authority may not profit from taking or assisting in removal of valuables. (H) Upon the completion of a cremation, and insofar as is commercially reasonable, the cremated remains and foreign matter of the cremation process must be removed from the cremation chamber and devices used to process cremated remains. Foreign matter must be disposed of as indicated on the authorization form signed by the decedent's agent and particulates and ambient dust must be governed by the department. (I) If all of the recovered cremated remains do not fit within the receptacle that has been selected, the remainder of the cremated remains must be returned in a separate container to the decedent's agent. The crematory authority may not return to an agent more or less cremated remains than were removed from the cremation chamber. (J) A crematory authority may not knowingly represent to a decedent's agent that a temporary container or an urn contains the cremated remains of a specific decedent when it does not. (K) A crematory authority shall maintain an identification system that ensures identification of the human remains while in the authority's possession throughout all phases of the cremation process. Effect of Amendment 2015 Act No. 72, SECTION 3, in (A), inserted "or an abstract of information from a filed death certificate available on the electronic vital records system".
S.C. Code Ann. § 32-1-290 — SC Code / Title 32 / Chapter 1 / Article 3 / Section 32-1-290
SECTION 32-1-290. Making or assisting in making contracts when actual delivery not contemplated or operating bucket shop; penalty.
Status: in_force

Any person who, either as agent or principal, enters into or assists in making any contract of sale of the sort or character denounced in SECTION 32-1-220 for the future delivery of cotton, grain, stocks or other commodities or who maintains a bucket shop shall be guilty of a misdemeanor and upon conviction shall be imprisoned in the penitentiary not exceeding two years.
S.C. Code Ann. § 32-9-30 — SC Code / Title 32 / Chapter 9 / Section 32-9-30
SECTION 32-9-30. Rights of joint debtor who has not compounded.
Status: in_force

When a joint debtor has thus compounded a joint debtor who has not compounded may make any defense or counterclaim or have any other relief as against the creditor to which he would have been entitled if the composition had not been made. He may require the compounding debtor to contribute his ratable proportion of the joint debt or of the partnership debts, as the case may be, as if the latter had not been discharged. And the debtor who has not compounded with his creditor may set up by way of discount against such creditor the amount compounded by his joint debtor.
S.C. Code Ann. § 32-7-30 — SC Code / Title 32 / Chapter 7 / Section 32-7-30
SECTION 32-7-30. Refunds upon written demand.
Status: in_force

(A) Within thirty days of receipt of a written demand for refund by a purchaser who has paid funds for a preneed funeral contract pursuant to Section 32-7-20(A) or (B) the trustee shall refund to the purchaser the entire amount paid together with all interest, dividends, increases, or accretions earned on the fund except that the provider may retain ten percent of the earnings in the portion of the final year before termination. (B) After making refund to the trustee pursuant to the provisions of subsection (A), the financial institution is relieved from further liability to any party. (C) This section does not apply if the contract is irrevocable. Effect of Amendment The 2009 amendment made nonsubstantive changes in subsection (A), and, in subsection (B), deleted "or (B)" following "(A)".
S.C. Code Ann. § 32-9-10 — SC Code / Title 32 / Chapter 9 / Section 32-9-10
SECTION 32-9-10. Separate composition of indebtedness by join debtor.
Status: in_force

Any joint debtor may make a separate composition with his creditor as prescribed in this section. Such composition shall discharge the debtor making it and him only. The creditor must execute to the compounding debtor a release of the indebtedness or other instrument exonerating him therefrom. A member of a partnership cannot thus compound for a partnership debt until the partnership has been dissolved by mutual consent or otherwise. In that case the instrument must release or exonerate him from all liability incurred by reason of his connection with the partnership. An instrument given pursuant to this section shall not impair the creditor's right of action against any other joint debtor or his right to take any other proceeding against the latter unless an intent to release or exonerate him appears affirmatively upon the face thereof.
S.C. Code Ann. § 32-8-345 — SC Code / Title 32 / Chapter 8 / Section 32-8-345
SECTION 32-8-345. Crematory authority or licensed funeral establishments responsibility for the final disposition of the cremated remains.
Status: in_force

(A) The agent or a licensed funeral establishment or crematory authority is responsible for the final disposition of the cremated remains. (B) Cremated remains may be disposed of by placing in a grave, crypt, niche, by scattering them in a scattering area, or in any manner on the private property of a consenting owner. If cremated remains are disposed of on public lands or water, all state and federal laws apply. (C) Upon completion of the cremation process, if the crematory authority has not been instructed to arrange for the mailing, interment, inurnment, or scattering of the cremated remains, the crematory authority shall deliver in person or mail the cremated remains accompanied by the cremation certificate to the designee specified on the cremation authorization form. If no designee is specified, the cremated remains must be delivered in person or mailed to the decedent's agent. The cremated remains must be delivered in person or delivered to the United States Post Office or to a bonded licensed courier service to be sent by registered and return receipt requested mail. Upon receipt of the cremated remains accompanied by a photocopy of the Burial Transit Permit and Cremation Certificate, the individual receiving them may transport and dispose of them in any manner in accordance with this section. After delivery in person or to the United States Post Office or to a bonded, licensed courier service, the crematory authority is discharged from any legal obligation or liability concerning the cremated remains. (D) If after a period of sixty days from the date of cremation the decedent's agent has not instructed the funeral establishment or crematory authority to arrange for final disposition of the cremated remains or claimed the cremated remains, the funeral establishment or crematory authority may dispose of the cremated remains in any manner permitted by this section. The funeral establishment or crematory authority shall keep a permanent record identifying the site of final disposition. The agent is responsible for reimbursing all expenses incurred in disposing of the cremated remains. Upon disposing the cremated remains, the funeral establishment or crematory authority is discharged from any legal obligation or liability concerning the cremated remains. A funeral establishment or crematory authority in possession of remains cremated before July 1, 1994, may dispose of them in accordance with this section. (E) Except with the express written permission of the decedent's agent, no person may: (1) dispose of cremated remains in a manner or in a location so that the cremated remains are commingled with those of another. This does not apply to the scattering of cremated remains at sea, by air, or in an area located in a dedicated cemetery and used exclusively for the purpose of disposing of cremated remains; (2) place cremated remains of more than one person in the same temporary container or urn.