reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 21 - Fair Housing Law › Section 31-21-60. Discrimination in relation to residential real estate-related transactions.

(A) It is unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of the transaction, because of race, color, religion, sex, handicap, familial status, or national origin.
(B) As used in this section, "residential real estate-related transaction" means any of the following:
(1) the making or purchasing of loans or providing other financial assistance:
(a) for purchasing, constructing, improving, repairing, or maintaining a dwelling; or
(b) secured by residential real estate;
(2) the selling, brokering, or appraising of residential real property.
(C) Nothing in this chapter prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, handicap, or familial status.
HISTORY: 1989 Act No. 72, Section 1.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 21 - Fair Housing Law › Section 31-21-80. Interference with the exercise of any right under this chapter.

It is unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise of, or on account of his having aided or encouraged any other person in the exercise of, any right granted under this chapter.
HISTORY: 1989 Act No. 72, Section 1.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 21 - Fair Housing Law › Section 31-21-90. Administration of chapter.

(A) The commission shall administer the provisions of this chapter.
(B) The commission may delegate any of its functions, duties, and powers to its employees including functions, duties, and powers with respect to investigating, conciliating, hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter under this chapter.
HISTORY: 1989 Act No. 72, Section 1.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 21 - Fair Housing Law › Section 31-21-100. Powers of commission.

The commission has the power to:
(1) promulgate regulations necessary for the enforcement of this chapter which may not exceed the requirements of the 1988 Fair Housing Amendments Act (PL 100-430) and any subsequent amendments to it;
(2) make studies with respect to the nature and extent of discriminatory housing practices in representative urban, suburban, and rural communities throughout the State;
(3) publish and disseminate reports, recommendations, and information derived from the studies;
(4) cooperate with and render technical assistance to public or private agencies, organizations, and institutions within the State which are formulating or carrying on programs to prevent or eliminate discriminatory housing practices;
(5) cooperate with the United States Department of Housing and Urban Development to achieve the purposes of that department and with other federal, state, and local agencies and departments;
(6) accept reimbursement pursuant to Title 42, United States Code, Section 3616 for services rendered to the United States Department of Housing and Urban Development;
(7) accept gifts or bequests, grants, or other donations, public or private;
(8) institute proceedings in a court of competent jurisdiction, for cause shown, to seek appropriate temporary or preliminary injunctive relief pending final administrative disposition of a complaint;
(9) contract with persons and organizations to perform services as it may consider reasonably necessary to effectuate the purposes of this chapter and to accept reimbursement for services rendered pursuant to the contract. However, the commission may not delegate its decision-making authority to a nongovernmental agency. This decision-making authority includes acceptance of complaints, approval of conciliation agreements, dismissal of complaints, final disposition of complaints, or other enforcement powers granted by this chapter;
(10) make contractual agreements within the scope and authority of this chapter with any agency of the federal government. An agreement with the Department of Housing and Urban Development may include provisions under which the department shall refrain from processing a charge in this State in any class specified in the agreement;.
(11) administer the programs and activities relating to housing in a manner affirmatively to further the policies of this chapter.
HISTORY: 1989 Act No. 72, Section 1; 1990 Act No. 445, Section 1.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 21 - Fair Housing Law › Section 31-21-110. Investigations by commission; subpoenas.

(A) In conducting an investigation, the commission shall have access at all reasonable times to premises, records, documents, individuals, and other evidence or possible sources of evidence and may examine, record, and copy the materials and take and record the testimony or statements of persons as are reasonably necessary for the furtherance of the investigation, provided the commission first complies with the provisions of the State Constitution relating to unreasonable searches and seizures. The commission may issue subpoenas to compel its access to or the production of the materials or the appearance of the persons and may issue interrogatories to a respondent, to the same extent and subject to the same limitations as would apply if the subpoenas or interrogatories were issued or served in aid of a civil action in court. The commission may administer oaths. Any examination, recording, copying of materials, and the taking and recording of testimony or statements of persons as reasonably are necessary for the furtherance of the investigation must be solely related to the complaint for which the subpoena was issued.
(B) Upon written application to the commission, a respondent is entitled to the issuance of a reasonable number of subpoenas by and in the name of the commission to the same extent and subject to the same limitations as subpoenas issued by the commission itself. A subpoena issued at the request of a respondent shall show on its face the name and address of the respondent and shall state that it was issued at his request.
(C) Within five days after service of a subpoena upon any person, the person may petition the commission to revoke or modify the subpoena. The commission shall grant the petition if it finds that the subpoena requires appearance or attendance at an unreasonable time or place, that it requires production of evidence which does not relate to any matter under investigation, that it does not describe with sufficient particularity the evidence to be produced, or that compliance would be unduly onerous or for other good reason.
(D) In case of refusal to obey a subpoena, the commission or the person at whose request the subpoena was issued may petition for its enforcement in the circuit court for the county in which the person to whom the subpoena was addressed resides, was served, or transacts business.
(E) Witnesses summoned by a subpoena under this chapter are entitled to the same witness and mileage fees as witnesses in proceedings in court. Fees payable to a witness summoned by a subpoena issued at the request of a party must be paid by that party or, where a party is unable to pay the fees, by the commission.
HISTORY: 1989 Act No. 72, Section 1.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 21 - Fair Housing Law › Section 31-21-140. Civil action; damages.

(A) A civil action must be commenced within one year after the alleged discriminatory housing practice has occurred. However, the court shall continue a civil case brought pursuant to this section from time to time before bringing it to trial if the court believes that the conciliation efforts of the commission or local agency are likely to result in satisfactory settlement of the discriminatory housing practice complained of in the complaint made to the commission or to the local agency and which practice forms the basis for the action in court. Any sale, encumbrance, or rental consummated before the issuance of any court order issued under the authority of this chapter and involving a bona fide purchaser, encumbrances, or tenant without actual notice of the existence of the filing of a complaint or civil action under the provisions of this chapter are not affected. A civil action may be commenced by an aggrieved person whether or not a complaint has been filed with the commission.
(B) The court may grant as relief, as it considers appropriate, any permanent or temporary injunction, temporary restraining order, or other order and may award the plaintiff actual damages, and punitive damages, together with court costs and reasonable attorney's fees in the case of a prevailing party, if the prevailing party in the opinion of the court is not financially able to assume the attorney's fees.
HISTORY: 1989 Act No. 72, Section 1; 1990 Act No. 445, Section 6.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 21 - Fair Housing Law › Section 31-21-150. Coordination regarding complaint filed with multiple agencies.

Before accepting any complaint under this chapter, the commission shall determine if the complainant has filed a similar complaint with the Federal Home Loan Bank Board, the Comptroller of the Currency, the Federal Deposit Insurance Corporation of the Federal Reserve System, the United States Department of Housing and Urban Development, or any other agency with authority to investigate and resolve complaints alleging a violation of this chapter. If a complaint has been filed or is filed, subsequently the commission shall coordinate efforts to resolve the complaint with that agency in order to avoid multiple investigations of the respondent.
HISTORY: 1989 Act No. 72, Section 1.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 22 - William C. Mescher Local Housing Trust Fund Enabling Act › Section 31-22-10. Legislative findings.

(A) The General Assembly finds:
(1) Throughout this State, there is a shortage of adequate shelter for South Carolinians including the availability of an affordable residence or permanent domicile with adequate privacy, space, physical accessibility, security, structural stability and durability, and adequate electrical, plumbing, and heating systems.
(2) Private enterprise and investment has not produced, without government assistance, the needed construction of sanitary, decent, and safe residential housing that people with lower incomes can afford to buy or rent.
(3) The public's health, safety, and economic interests are best served by the provision of permanent affordable housing because such housing enables South Carolinians to maintain employment, assists this state's children to succeed in school, and helps this state's economic growth and prosperity.
(B) The purpose of this chapter is to authorize a local government to individually or jointly create and operate a local housing trust fund or regional housing trust fund to promote the development of affordable housing, as defined in this chapter.
HISTORY: 2007 Act No. 19, Section 2, eff May 15, 2007.
Editor's Note
2007 Act No. 19, Section 1, provides as follows:
"This chapter may be cited as the 'William C. Mescher Local Housing Trust Fund Enabling Act'."
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 22 - William C. Mescher Local Housing Trust Fund Enabling Act › Section 31-22-20. Definitions.

For purposes of this chapter:
(1) "Affordable housing" means residential housing for rent or sale that is appropriately priced for rent or sale to a person or family whose income does not exceed eighty percent of the median income for the local area, with adjustments for household size, according to the latest figures available from the United States Department of Housing and Urban Development (HUD).
(2) "Homeless housing" means emergency, transitional, or permanent residential housing shelter for a person needing special assistance and shelter because he is homeless as defined by HUD or consistent with another definition of homelessness under which a person may receive federal financial assistance, state financial assistance, or another supportive service.
(3) "Local housing trust fund" (LHTF) means a local government fund separate from the general fund established by the governing authority of a local municipality or county government with one or more dedicated sources of public revenue and authorized expenditures as provided in this chapter.
(4) "Regional housing trust fund" (RHTF) means a multi-jurisdictional government fund separate from the general fund and established jointly by the governing authorities of one or more municipalities or county governments with one or more dedicated sources of public revenue and authorized expenditures as provided in this chapter.
(5) "Special needs housing" means housing or shelter provided by private or public entities including privately operated elderly housing, nursing homes, community residential care facilities, and other special needs population housing facilities regardless of purpose or type of facility.
HISTORY: 2007 Act No. 19, Section 2, eff May 15, 2007.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 22 - William C. Mescher Local Housing Trust Fund Enabling Act › Section 31-22-35. Effect of legislation on existing local or regional housing trust funds.

An LHTF or RHTF existing on the effective date of this act shall not be required to alter the existing terms of its governing documents; provided, however, that any alteration or amendment to such governing documents must conform to the provisions of this act.
HISTORY: 2007 Act No. 19, Section 2, eff May 15, 2007.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 23 - South Carolina Community Land Trust › Section 31-23-30. General Assembly findings regarding affordable housing.

The General Assembly finds:
(1) A shortage of adequate and affordable housing providing permanent domiciles with adequate privacy, space, physical accessibility, security, structural stability and durability, and adequate electrical, plumbing, and heating systems, continues to persist in South Carolina.
(2) The public's health, safety, and economic interests of the State and its citizens are best served by promoting permanently affordable housing in healthy vital neighborhoods.
(3) Affordable housing enables South Carolinians to maintain employment, makes it more likely that our children will succeed in school, and helps our economic growth and prosperity.
(4) New organizational mechanisms can assist in stabilizing property values and preventing neighborhoods and communities from becoming blighted.
(5) Homeownership is a worthy goal for many South Carolina families of low and moderate income and many families require supportive homeownership services in order to obtain and retain their family homes.
(6) The creation and operation of community land trusts will provide a mechanism for privately or publicly funded community organizations to own real estate in order to make the benefits of affordable housing available to those who could not otherwise afford them.
HISTORY: 2012 Act No. 256, Section 1, eff June 18, 2012.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 24 - Nuisance Suits Related To Manufacturing And Industrial Uses Of Real Property › Section 31-24-110. Definitions.

(A) "Manufacturing sector" means establishments engaged in the mechanical, physical, or chemical transformation of materials, substances, or components into new products, including, but not limited to, plants, factories, or mills, and characteristically use power-driven machines and materials-handling equipment.
(B) "Transportation and warehousing sector" means industries providing transportation of passengers and cargo, warehousing and storage for goods, scenic and sightseeing transportation, and support activities related to modes of transportation by air, rail, water, road, and pipeline.
(C) "Manufacturing or industrial facility" means any facility that operates in a manufacturing sector or transportation and warehousing sector, including, but not limited to, any land, building, structure, pond, impoundment, appurtenance, machinery, or equipment used for manufacturing, processing, distribution, warehousing, and technology intensive operations. Facilities that are covered under Chapter 45, Title 46 of the 1976 Code are not manufacturing or industrial facilities for the purposes of this chapter.
(D) "Reasonably expand" or "reasonable expansion" means any change in operations or facilities that does not result in a material and substantial change in the affected landowner's use and enjoyment of property.
HISTORY: 2018 Act No. 132 (H.3653), Section 1, eff February 12, 2018.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 24 - Nuisance Suits Related To Manufacturing And Industrial Uses Of Real Property › Section 31-24-120. Manufacturing or industrial facilities; public or private nuisance; transferability and waiver of protected status.

(A) A manufacturing or industrial facility, or expansion of such a facility, may not be found to be a public or private nuisance by reason of the operation of that facility if the manufacturing or industrial facility:
(1) is operating pursuant to and in compliance with the requisite licenses, permits, certifications, or authorizations under the applicable federal and state environmental laws and county and municipal zoning and nuisance ordinances; and
(2) commenced operations before the landowner alleging the nuisance acquired, moved onto, or improved the affected property.
(B) If a manufacturing or industrial facility protected pursuant to the provisions of this section seeks to expand its operations or facility and maintain its protected status, then the manufacturing or industrial facility may reasonably expand its operation or facilities without losing its protected status if it is in compliance with all county, municipal, state, and federal environmental codes, laws, or regulations at the time of expansion. This protected status of a manufacturing or industrial facility, once acquired:
(1) is assignable, alienable, and inheritable, provided the manufacturing or industrial facility is operating for the same use as when it commenced operations as provided in subsection (A)(2) or a reasonable expansion thereof as provided in this subsection; and
(2) may not be waived by the temporary cessation of operation for a period not to exceed two years or by diminishing the size of the operation.
HISTORY: 2018 Act No. 132 (H.3653), Section 1, eff February 12, 2018.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 24 - Nuisance Suits Related To Manufacturing And Industrial Uses Of Real Property › Section 31-24-130. Construction of chapter.

The provisions of this chapter may not be construed as modifying a provision of existing statutory eminent domain or environmental law nor as affecting common law claims of trespass or negligent operation.
HISTORY: 2018 Act No. 132 (H.3653), Section 1, eff February 12, 2018.
2023 South Carolina Code of Laws › Title 31 - Housing and Redevelopment › Chapter 24 - Nuisance Suits Related To Manufacturing And Industrial Uses Of Real Property › Section 31-24-140. Application of chapter.

The provisions of this chapter do not apply to nuisance actions commenced within one year after the effective date of this chapter.
HISTORY: 2018 Act No. 132 (H.3653), Section 1, eff February 12, 2018.
2023 South Carolina Code of Laws › Title 32 - Contracts and Agents › Chapter 1 - Gambling And Future Contracts › Section 32-1-10. Suit by loser at cards or other game for recovery of losses.

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.
HISTORY: 1962 Code Section 11-51; 1952 Code Section 11-51; 1942 Code Section 6308; 1932 Code Section 6308; Civ. C. '22 Section 5160; Civ. C. '12 Section 3416; Civ. C. '02 Section 2305; G. S. 1720; R. S. 1854; 1712 (2) 566.
2023 South Carolina Code of Laws › Title 32 - Contracts and Agents › Chapter 1 - Gambling And Future Contracts › Section 32-1-20. Suit by person other than loser for recovery of losses.

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.
HISTORY: 1962 Code Section 11-52; 1952 Code Section 11-52; 1942 Code Section 6309; 1932 Code Section 6309; Civ. C. '22 Section 5161; Civ. C. '12 Section 3417; Civ. C. '02 Section 2306; G. S. 1721; R. S. 1855; 1712 (2) 566.
2023 South Carolina Code of Laws › Title 32 - Contracts and Agents › Chapter 1 - Gambling And Future Contracts › Section 32-1-30. Orders for discovery.

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.
HISTORY: 1962 Code Section 11-53; 1952 Code Section 11-53; 1942 Code Section 6310; 1932 Code Section 6310; Civ. C. '22 Section 5162; Civ. C. '12 Section 3418; Civ. C. '02 Section 2307; G. S. 1722; R. S. 1856; 1712 (2) 566.
2023 South Carolina Code of Laws › Title 32 - Contracts and Agents › Chapter 1 - Gambling And Future Contracts › Section 32-1-40. Notes or other securities or conveyances given to secure wagers.

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.
HISTORY: 1962 Code Section 11-54; 1952 Code Section 11-54; 1942 Code Section 6311; 1932 Code Section 6311; Civ. C. '22 Section 5163; Civ. C. '12 Section 3419; Civ. C. '02 Section 2308; G. S. 1723; R. S. 1857; 1712 (2) 567; 1791 (5) 178.
2023 South Carolina Code of Laws › Title 32 - Contracts and Agents › Chapter 1 - Gambling And Future Contracts › Section 32-1-50. Mortgages or other conveyances of land given to secure wagers.

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.
HISTORY: 1962 Code Section 11-55; 1952 Code Section 11-55; 1942 Code Section 6312; 1932 Code Section 6312; Civ. C. '22 Section 5164; Civ. C. '12 Section 3420; Civ. C. '02 Section 2309; G. S. 1724; R. S. 1858; 1791 (5) 178.
2023 South Carolina Code of Laws › Title 32 - Contracts and Agents › Chapter 1 - Gambling And Future Contracts › Section 32-1-60. Application of statutes to gambling activities not authorized by law.

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.
HISTORY: 1999 Act No. 125, Section 18.
2023 South Carolina Code of Laws › Title 32 - Contracts and Agents › Chapter 1 - Gambling And Future Contracts › Section 32-1-210. Definitions.

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.
HISTORY: 1962 Code Section 11-61; 1952 Code Section 11-61; 1942 Code Sections 6313, 6316; 1932 Code Sections 6313, 6316; 1928 (35) 1321.
2023 South Carolina Code of Laws › Title 32 - Contracts and Agents › Chapter 1 - Gambling And Future Contracts › Section 32-1-220. Contracts when actual delivery not contemplated.

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.
HISTORY: 1962 Code Section 11-62; 1952 Code Section 11-62; 1942 Code Section 6315; 1932 Code Section 6315; 1928 (35) 1321.
2023 South Carolina Code of Laws › Title 32 - Contracts and Agents › Chapter 1 - Gambling And Future Contracts › Section 32-1-230. Establishment of local exchanges, boards of trade or similar institutions.

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.
HISTORY: 1962 Code Section 11-63; 1952 Code Section 11-63; 1942 Code Section 6319; 1932 Code Section 6319; 1928 (35) 1321.
2023 South Carolina Code of Laws › Title 32 - Contracts and Agents › Chapter 1 - Gambling And Future Contracts › Section 32-1-240. Contracts of sale for future delivery.

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.
HISTORY: 1962 Code Section 11-64; 1952 Code Section 11-64; 1942 Code Section 6314; 1932 Code Section 6314; 1928 (35) 1321.
2023 South Carolina Code of Laws › Title 32 - Contracts and Agents › Chapter 1 - Gambling And Future Contracts › Section 32-1-250. Bona fide hedging contracts.

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.
HISTORY: 1962 Code Section 11-65; 1952 Code Section 11-65; 1942 Code Section 6321; 1932 Code Section 6321; 1928 (35) 1228.
2023 South Carolina Code of Laws › Title 32 - Contracts and Agents › Chapter 1 - Gambling And Future Contracts › Section 32-1-260. Association and corporate charters amended to confer powers set out in Section 32-1-250.

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.
HISTORY: 1962 Code Section 11-65.1; 1952 Code Section 11-65.1; 1942 Code Section 6321; 1932 Code Section 6321; 1928 (35) 1228.
2023 South Carolina Code of Laws › Title 32 - Contracts and Agents › Chapter 1 - Gambling And Future Contracts › Section 32-1-270. Statements to be furnished by agents; effect of failure to furnish.

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.
HISTORY: 1962 Code Section 11-66; 1952 Code Section 11-66; 1942 Code Section 6317; 1932 Code Section 6317; 1928 (35) 1321.
2023 South Carolina Code of Laws › Title 32 - Contracts and Agents › Chapter 1 - Gambling And Future Contracts › Section 32-1-280. Bucket shops.

The maintenance or operation of a bucket shop at any point in this State is prohibited.
HISTORY: 1962 Code Section 11-67; 1952 Code Section 11-67; 1942 Code Section 6316; 1932 Code Section 6316; 1928 (35) 1321.
2023 South Carolina Code of Laws › Title 32 - Contracts and Agents › Chapter 1 - Gambling And Future Contracts › Section 32-1-290. Making or assisting in making contracts when actual delivery not contemplated or operating bucket shop; penalty.

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.
HISTORY: 1962 Code Section 11-68; 1952 Code Section 11-68; 1942 Code Section 6318; 1932 Code Section 6318; 1928 (35) 1321; 1960 (51) 1602.
2023 South Carolina Code of Laws › Title 32 - Contracts and Agents › Chapter 2 - Contracts Against Public Policy › Section 32-2-10. Hold harmless clauses in certain construction contracts.

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.
HISTORY: 1980 Act No. 466.
2023 South Carolina Code of Laws › Title 32 - Contracts and Agents › Chapter 3 - Statute Of Frauds › Section 32-3-10. Agreements required to be in writing and signed.

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.
HISTORY: 1962 Code Section 11-101; 1952 Code Section 11-101; 1942 Code Section 7044; 1932 Code Section 7044; Civ. C. '22 Section 5516; Civ. C. '12 Section 3737; Civ. C. '02 Section 2652; G. S. 2019; R. S. 2151; 1712 (2) 545.
2023 South Carolina Code of Laws › Title 32 - Contracts and Agents › Chapter 3 - Statute Of Frauds › Section 32-3-20. Action on representation as to character will lie only where representation is in writing and signed.

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.
HISTORY: 1962 Code Section 11-102; 1952 Code Section 11-102; 1942 Code Section 7049; 1932 Code Section 7049; Civ. C. '22 Section 5521; Civ. C. '12 Section 3742; Civ. C. '02 Section 2657; G. S. 2024; R. S. 2156.
2023 South Carolina Code of Laws › Title 32 - Contracts and Agents › Chapter 7 - Preneed Funeral Contracts › Section 32-7-10. Definitions.

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.
HISTORY: 1962 Code Section 11-171; 1973 (58) 339; 1989 Act No. 89, Section 1; 1992 Act No. 284, Section 1; 2009 Act No. 70, Section 1, eff July 1, 2009; 2012 Act No. 261, Section 1, eff June 18, 2012.
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.
2023 South Carolina Code of Laws › Title 32 - Contracts and Agents › Chapter 7 - Preneed Funeral Contracts › Section 32-7-25. Irrevocable contracts.

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.
HISTORY: 1989 Act No. 89, Section 1; 1995 Act No. 67, Section 3; 2009 Act No. 70, Section 1, eff July 1, 2009.
Effect of Amendment
The 2009 amendment made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 32 - Contracts and Agents › Chapter 7 - Preneed Funeral Contracts › Section 32-7-30. Refunds upon written demand.

(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.
HISTORY: 1962 Code Section 11-173; 1973 (58) 339; 1989 Act No. 89, Section 1; 2009 Act No. 70, Section 1, eff July 1, 2009.
Effect of Amendment
The 2009 amendment made nonsubstantive changes in subsection (A), and, in subsection (B), deleted "or (B)" following "(A)".
2023 South Carolina Code of Laws › Title 32 - Contracts and Agents › Chapter 7 - Preneed Funeral Contracts › Section 32-7-35. Transfer of preneed funeral contracts.

(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.
HISTORY: 1989 Act No. 89, Section 1; 1995 Act No. 67, Section 4; 2009 Act No. 70, Section 1, eff July 1, 2009; 2012 Act No. 261, Section 2, eff June 18, 2012.
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).
2023 South Carolina Code of Laws › Title 32 - Contracts and Agents › Chapter 7 - Preneed Funeral Contracts › Section 32-7-40. Deposit of trust funds.

All trust funds described in this chapter must be deposited in the name of the trustee, as trustee, within thirty days after receipt.
HISTORY: 1962 Code Section 11-174; 1973 (58) 339; 1989 Act No. 89, Section 1; 2009 Act No. 70, Section 1, eff July 1, 2009.
Effect of Amendment
The 2009 amendment substituted "described" for "mentioned".
2023 South Carolina Code of Laws › Title 32 - Contracts and Agents › Chapter 7 - Preneed Funeral Contracts › Section 32-7-45. Transfer of contracts where provider goes out of business; department authorized to accomplish transfer.

(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.
HISTORY: 1989 Act No. 89, Section 1; 2004 Act No. 188, Section 2; 2009 Act No. 70, Section 1, eff July 1, 2009.
Effect of Amendment
The 2009 amendment substituted "department" for "board" and deleted "burial" preceding "insurance" throughout.