reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 13 - Confederate Pensions › Section 25-13-110. Payments in event of death.

In the event of the death of a widow of a Confederate veteran who is a bona fide pensioner, the full amount which would have been paid to her during the succeeding year shall be paid to the person defraying her funeral expenses. In any case there shall be paid for bona fide pensioners to the person defraying their funeral expenses one pension after death.
HISTORY: 1962 Code Section 44-562; 1952 Code Section 44-562; 1942 Code Section 4979; 1932 Code Section 4979; 1929 (36) 176; 1930 (36) 1314.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 13 - Confederate Pensions › Section 25-13-120. Expenses of administration.

The necessary expenses of administering the provisions of this chapter shall be paid out of the amount appropriated for pensions.
HISTORY: 1962 Code Section 44-563; 1952 Code Section 44-563; 1942 Code Section 4979; 1932 Code Section 4979; 1929 (36) 176; 1930 (36) 1314.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 13 - Confederate Pensions › Section 25-13-130. Records shall be turned over to Comptroller General.

All records in regard to pensioners shall be immediately turned over to the Comptroller General of the State by those who come into control or possession thereof.
HISTORY: 1962 Code Section 44-564; 1952 Code Section 44-564; 1942 Code Section 4985; 1932 Code Section 4985; 1929 (36) 176.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 13 - Confederate Pensions › Section 25-13-140. Penalty for making fraudulent claims.

Any person who shall fraudulently impersonate any widow for the purpose of obtaining the benefit of the pension laws of this State or who shall knowingly make or cause to be made any false application or statement or by any false or fraudulent statement procure such statement to be made, approved or paid shall be guilty of a misdemeanor and, upon conviction, shall be punished by fine not exceeding two hundred dollars or imprisonment not exceeding six months or both, at the discretion of the court.
HISTORY: 1962 Code Section 44-565; 1952 Code Section 44-565; 1942 Code Section 1240; 1932 Code Section 1240; Cr. C. '22 Section 136; Cr. C. '12 Section 283; Cr. C. '02 Section 211; R. S. 197; 1897 (22) 828.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 13 - Confederate Pensions › Section 25-13-150. Penalty for discounting or speculating in pension claims.

Any person who shall discount, shave or in any manner speculate in the claim or application of any widow, made under the pension laws of this State, shall be guilty of a misdemeanor and, upon conviction, shall be fined not exceeding one thousand dollars or imprisoned for not exceeding thirty days or both, at the discretion of the court.
HISTORY: 1962 Code Section 44-566; 1952 Code Section 44-566; 1942 Code Section 1239; 1932 Code Section 1239; Cr. C. '22 Section 135; Cr. C. '12 Section 282; Cr. C. '02 Section 210; R. S. 196; 1897 (22) 828.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 15 - Other Provisions For Benefit Of Veterans › Section 25-15-10. Removal of disability of minority for transactions under Servicemen's Readjustment Act of 1944.

The disability of minority of any male or female veteran otherwise eligible for guaranty of a loan pursuant to the provisions of Title III, Public Law 346, 78th Congress of the United States of America, approved June 22, 1944, known as the "Servicemen's Readjustment Act of 1944," (58 Statutes at Large 284), and all acts amendatory thereto, and of the minor spouse, widow or widower of such minor male or female veteran is hereby removed solely for the purpose of acquiring, encumbering, selling and conveying property and the incurring of indebtedness or obligations incident to either or both, or the refinancing thereof, and litigating or settling controversies arising therefrom, if all or part of the obligations incident to such transaction be guaranteed by the Veterans Administration pursuant to such act and an application signed by such minor. This section shall not be construed to impose any other or greater rights or liabilities than would exist if such minor male or female veteran or such minor spouse, widow or widower were each above the age of twenty-one years. Any such minor male or female veteran or minor spouse, widow or widower shall forever be estopped to void or deny, because of his or her minority, or to interpose the defense of minority in any action brought or judgment rendered pursuant to, any conveyance or any obligation made and entered into under said Servicemen's Readjustment Act of 1944, and any acts amendatory thereto.
HISTORY: 1962 Code Section 44-654; 1952 Code Section 44-654; 1946 (44) 1541.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 15 - Other Provisions For Benefit Of Veterans › Section 25-15-20. Improper use of Confederate Crosses of Honor.

It is unlawful for a person to wear as a badge, expose upon their person, sell, offer for sale, or otherwise dispose of, or use or manufacture any badge or insignia known as the Confederate Cross of Honor or any counterfeit or likeness of the badge, unless the badge has been conferred, bestowed, or authorized to be bestowed by the United Daughters of the Confederacy, or in any other way than as prescribed by the rules and regulations made and adopted by the United Daughters of the Confederacy.
A person who violates the provisions of this section is guilty of a misdemeanor, and upon conviction, must be fined not more than five hundred dollars or imprisoned not more than one year.
HISTORY: 1962 Code Section 44-657; 1952 Code Section 44-657; 1942 Code Section 1241; 1932 Code Section 1241; Cr. C. '22 Section 137; Cr. C. '12 Section 284; 1902 (23) 1097; 1905 (24) 954; 1993 Act No. 184, Section 204.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 15 - Other Provisions For Benefit Of Veterans › Section 25-15-30. Improper use of emblems of the American Legion and other service organizations.

It shall be unlawful for any person other than a member of the American Legion, the American Legion Auxiliary, the Sons of the American Legion or La Societe des 40 Hommes et 8 Chevaux (Forty and Eight) and the Disabled American Veterans of the World War in good standing wilfully to wear a button which is the official insignia or emblem of any of such organizations. Any wilful violation of the provisions of this section shall subject the offender to a fine of not exceeding one hundred dollars or imprisonment not exceeding thirty days.
HISTORY: 1962 Code Section 44-658; 1952 Code Section 44-658; 1942 Code Section 1242; 1932 Code Section 1242; Cr. C. '22 Section 138; 1921 (32) 212; 1936 (39) 1480.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 15 - Other Provisions For Benefit Of Veterans › Section 25-15-40. Illegal sale of official flowers of veterans' organizations.

Poppies and forget-me-nots are hereby designated as the official flowers of World War veteran organizations.
Any person who sells or offers to sell artificial poppies or artificial forget-me-nots in some place other than within a regular place of business for himself or for any person other than a World War veteran organization or its auxiliary, expressly designated and authorized by law to administer relief to veterans, is guilty of a misdemeanor punishable by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days. Nothing in this section shall in any way limit or interfere with the right of the governing body or law enforcement agency of any municipality of the State to enact by ordinance, resolution or otherwise regulations governing the sale of artificial flowers within such municipality provided no such regulation shall extend the right of sale by persons or for purposes other than those mentioned in this section.
HISTORY: 1962 Code Section 44-659; 1952 Code Section 44-659; 1942 Code Section 2974-2; 1939 (41) 214.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 17 - South Carolina Military Museum › Section 25-17-10. Military Museum; establishment; board members.

There is established the South Carolina Military Museum, located at one or more locations in the State as selected by the State Adjutant General. The museum is governed by the South Carolina Military Museum Board composed of seven members. Five members must be appointed by the Adjutant General for terms concurrent with that of the Adjutant General. The Adjutant General and the President of the South Carolina National Guard Association shall serve as members ex officio.
HISTORY: 1981 Act No. 57, Section 1; 1998 Act No. 319, Section 1.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 17 - South Carolina Military Museum › Section 25-17-20. Duties of board; meetings, elections, reports.

The board shall hold regular meetings, prescribe rules for its operations, elect the officers necessary, establish and use any identifying seal pertaining to museum business, and make an annual report which must be included as a part of the Adjutant General's report to the Governor. For the purpose of transacting business, four members constitute a quorum. The members of the board shall serve without compensation.
HISTORY: 1981 Act No. 57, Section 2; 1998 Act No. 319, Section 1.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 17 - South Carolina Military Museum › Section 25-17-30. Maintenance of museum and collection; improvement of grounds for outdoor displays.

Military Department of South Carolina equipment, supplies, and personnel may be used to maintain the museum and collection. The board may improve existing grounds by the construction of concrete slabs and fencing for suitable outdoor display of large items of heavy equipment such as artillery, armored vehicles, and other military equipment and weapons.
HISTORY: 1981 Act No. 57, Section 3; 1998 Act No. 319, Section 1; 2001 Act No. 85, Section 47.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 17 - South Carolina Military Museum › Section 25-17-40. Board may accept loans, grants, donations and the like; acquisition of land or items by purchase, lease, or contract.

The board may accept lands, buildings, money, relics, weapons, or any other thing of value on behalf of, or as additions to the museum either in the form of loans or grants or donations or bequests; may acquire land and items by purchase, lease, or otherwise, and may enter into contracts with any person to accomplish such purposes. Any such gifts, donations, or bequests are considered gifts to a charitable or eleemosynary organization.
HISTORY: 1981 Act No. 57, Section 4; 1998 Act No. 319, Section 1.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 17 - South Carolina Military Museum › Section 25-17-50. Museum to collect, preserve, and exhibit items of interest; public access.

The museum must be a military and historical museum charged with the responsibility for the collection, preservation, and exhibition of archives, books, records, documents, maps, charts, military equipment, uniforms, flags, and any other such articles. It may be a depository for materials considered relevant to national, state, or local history by the board. The museum collection must be open to the public at times determined by the board.
HISTORY: 1981 Act No. 57, Section 5; 1998 Act No. 319, Section 1.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 19 - Prisoners Of War Commission › Section 25-19-10. Prisoners of war commission; members; terms; vacancies.

There is established a Prisoner of War Commission in South Carolina composed of one member from each congressional district and one member from the State at large, to be appointed by the Governor with the advice and consent of a majority of the Senate members representing the congressional district involved and a majority of the House of Representatives members representing the congressional district involved. A chairman must be elected annually by the commission from its membership. All members must be former prisoners of war. The South Carolina Department of the American Ex-Prisoners of War may submit to the Governor names and biographical data on former prisoners of war willing and able to serve. Their terms are for four years and until their successors are appointed and qualify. Vacancies must be filled by the Governor for the remainder of an unexpired term.
HISTORY: 1988 Act No. 545, Section 1; 2012 Act No. 279, Section 9, eff June 26, 2012.
Editor's Note
2012 Act No. 279, Section 33, provides as follows:
"Due to the congressional redistricting, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires. Further, the inability to hold an election or to make an appointment due to judicial review of the congressional districts does not constitute a vacancy."
Effect of Amendment
The 2012 amendment removed ", except that the initial members from the first, third, and fifth congressional districts shall serve for terms of two years" and made other, nonsubstantive, changes.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 19 - Prisoners Of War Commission › Section 25-19-20. Commission attached to Department of Veterans' Affairs; location of commission.

The commission is attached to the Department of Veterans' Affairs for logistical and staff support only and may be located in Columbia in space provided by the Department of Administration.
HISTORY: 1988 Act No. 545, Section 2.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 19 - Prisoners Of War Commission › Section 25-19-30. Meetings of commission.

The commission shall meet at least two times yearly at a time and a place and on a date designated by the chairman and at other times at the call of the chairman or upon the request of a majority of the members.
HISTORY: 1988 Act No. 545, Section 3; 2000 Act No. 224, Section 1.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 19 - Prisoners Of War Commission › Section 25-19-40. Functions of commission.

The functions of the commission include the following:
(1) develop and maintain an up-to-date listing of all former prisoners of war residing in South Carolina;
(2) coordinate all South Carolina related former prisoner of war functions;
(3) review, discuss, and make recommendations concerning the adequacy, policies, and practices of medical services care and treatment at the Veterans Administration facilities in South Carolina;
(4) review, discuss, and make recommendations concerning the policies and practices in regard to disability compensation for former prisoners of war under laws administered by the Veterans Administration;
(5) coordinate the deficiencies and recommendations for improvement of items (3) and (4) with officials of the designated Veterans Administration facilities;
(6) plan and implement studies, surveys, publications, and use of media that inform former prisoners of war of their rights and forms of compensation, both under federal and state laws and regulations;
(7) develop and maintain close liaison in all foregoing functions with the South Carolina Department and chapters of the American Ex-Prisoners of War and all other veteran organizations.
HISTORY: 1988 Act No. 545, Section 4.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 19 - Prisoners Of War Commission › Section 25-19-50. Annual report of commission.

The commission annually shall submit a written report to the Governor, the President of the Senate, the Speaker of the House of Representatives, and each member of the South Carolina Congressional Delegation in Washington, D. C., detailing its policies and goals established pursuant to Sections 25-19-10 et seq., its efforts and actions in carrying out its functions, and their results. It shall make special reports it considers desirable. The commission may make suggestions it considers advisable concerning legislative, executive, or administrative actions which would serve to improve benefits and services available to former prisoners of war and their families.
HISTORY: 1988 Act No. 545, Section 5.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 19 - Prisoners Of War Commission › Section 25-19-60. Compensation of commission members; funding of commission.

The members of the commission shall receive the mileage, per diem, and subsistence provided by law for members of state boards, committees, and commissions for each meeting attended. The commission shall receive funding as may be provided by the General Assembly in the annual general appropriations act necessary for carrying out the commission's functions.
HISTORY: 1988 Act No. 545, Section 6.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 21 - Veterans' Trust Fund › Section 25-21-10. Establishment of Veterans' Trust Fund; purpose and governance.

There is established the Veterans' Trust Fund of South Carolina, an eleemosynary corporation, the resources of which must be dedicated to serving the needs of South Carolina's veterans by supporting programs, both public and private, for veterans. The Veterans' Trust Fund may support veteran service programs by direct funding or through donation of property or services. The Veterans' Trust Fund may supplement and augment, but shall not take the place of, services provided by state agencies.
The board of trustees for the Veterans' Trust Fund shall carry out activities necessary to administer the fund including, but not limited to, assessing service needs and gaps, soliciting proposals to address identified needs, and establishing criteria for awarding of grants.
HISTORY: 1995 Act No. 90, Section 1.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 21 - Veterans' Trust Fund › Section 25-21-30. Duties and functions of board of trustees.

To fulfill its duties and functions, the board is authorized, but not limited to:
(1) assess the needs of veterans, establish priorities, and develop goals and objectives for the Veterans' Trust Fund;
(2) decide how the monies in the fund must be disbursed;
(3) accept gifts, grants, and bequests from any person, entity, or foundation, either public or private;
(4) accept appropriations, loans, or grants from any governmental or quasigovernmental source;
(5) acquire and hold property;
(6) invest trust monies, including pooled investment funds maintained by the State;
(7) solicit proposals for programs aimed at meeting identified needs;
(8) establish rules of procedure for board meetings and any other function of the fund necessary for the orderly conduct of its business;
(9) enter into contracts for the awarding of grants to public or private, nonprofit organizations; and
(10) establish criteria for awarding of grants which shall include the consideration of at least:
(a) the priority of the service need that the proposal addresses;
(b) the quality and soundness of the proposal and its probable effectiveness in accomplishing its objectives;
(c) a cost-benefit analysis of the project;
(d) the degree of community support for the proposal;
(e) the utilization of local resources, including volunteers, when appropriate, and matching or in-kind contributions which may be, but are not, required;
(f) the qualifications of employees to be hired under the grant;
(g) the experience of the proposed project administrators in providing ongoing accountability for the program.
HISTORY: 1995 Act No. 90, Section 1; 2000 Act No. 288, Section 4.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 21 - Veterans' Trust Fund › Section 25-21-40. Availability of funds for disbursement from Veterans' Trust Fund.

Until the assets of the Veterans' Trust Fund exceed one million dollars, not more than fifty percent of the amount deposited in the fund each year from contributions plus all earnings from the investment of monies of the fund credited during the previous fiscal year is available for disbursement upon authorization of the Board of Trustees for the Veterans' Trust Fund. When assets in the trust fund exceed one million dollars, all credited earnings plus all future annual deposits to the trust fund from contributions are available for disbursement upon the authorization of the Board of Trustees for the Veterans' Trust Fund.
HISTORY: 1995 Act No. 90, Section 1; 2000 Act No. 288, Section 5.
2023 South Carolina Code of Laws › Title 25 - Military, Civil Defense and Veterans Affairs › Chapter 21 - Veterans' Trust Fund › Section 25-21-50. Funds from contributions required to be deposited in Veterans' Trust Fund.

Funds from the receipt of contributions pursuant to Section 12-6-5070 must be deposited in the Veterans' Trust Fund for disbursement pursuant to the terms of this chapter.
HISTORY: 1995 Act No. 90, Section 1.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 1 - Notaries Public › Section 26-1-10. Appointment and term.

The Governor may appoint from the qualified electors as many notaries public throughout the State as the public good requires, to hold their offices for a term of ten years. A commission must be issued to each notary public so appointed and the record of the appointment must be filed in the Office of the Secretary of State.
HISTORY: 1962 Code Section 49-1; 1952 Code Section 49-1; 1942 Code Section 3459; 1932 Code Section 3459; Civ. C. '22 Section 817; Civ. C. '12 Section 732; Civ. C. '02 Section 662; G. S. 520; R. S. 578; 1871 (15) 538; 1911 (27) 139; 1967 (55) 509; 2014 Act No. 185 (S.356), Section 1, eff June 2, 2014.
Effect of Amendment
2014 Act No. 185, Section 1, deleted the former third and fourth sentences, relating to commissions issued before and after July 1, 1967; and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 1 - Notaries Public › Section 26-1-15. Qualifications for notarial commission.

A person qualified for a notarial commission:
(1) must be a registered voter in this State;
(2) shall read and write the English language; and
(3) shall submit an application containing no significant misstatement or omission of fact. The application form must be provided by the Secretary and must include the signature of the applicant written with pen and ink, and the signature must be acknowledged as the applicant's by a person authorized to administer oaths.
HISTORY: 2014 Act No. 185 (S.356), Section 1, eff June 2, 2014.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 1 - Notaries Public › Section 26-1-20. Endorsement of application.

(A) Each county legislative delegation shall determine whether the endorsement of notaries public must be by:
(1) one-half of the members of the legislative delegation representing the county in which the applicant resides; or
(2) endorsement by the senator and representative in whose district the applicant resides, without other endorsers.
(B) Each county legislative delegation shall notify the Secretary of State in writing if it chooses to utilize subsection (A)(2) within the individual county. If the county legislative delegation chooses to utilize subsection (A)(2), the applicant, senator, and representative shall indicate their respective districts on the application provided to the Secretary of State. If the office of senator or representative from that district is vacant at the time the application is submitted, the notary public may be appointed upon the endorsement of a majority of the legislative delegation representing the county in which the applicant resides.
HISTORY: 1962 Code Section 49-2; 1952 Code Section 49-2; 1942 Code Section 3465; 1932 Code Section 3465; Civ. C. '22 Section 823; Civ. C. '12 Section 738; 1911 (27) 139; 1967 (55) 509; 1989 Act No. 56, Section 1; 2014 Act No. 185 (S.356), Section 1, eff June 2, 2014.
Effect of Amendment
2014 Act No. 185, Section 1, rewrote the section.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 1 - Notaries Public › Section 26-1-25. Additional methods of endorsement of applications.

(A) In addition to the methods of endorsement of applications for notary public commissions provided in Section 26-1-20, a legislator may provide for the endorsement of these applications by authorizing either the member serving as chairman or the member serving as secretary of the legislative delegation of the county in which the applicant resides to sign on the legislator's behalf.
(B) A copy of the resolution adopting any or all of these endorsement methods for a county must be forwarded to the Secretary of State, after which the method or methods of endorsement shall continue to apply in the county unless rescinded by a later delegation resolution.
HISTORY: 1997 Act No. 127, Section 1; 2014 Act No. 185 (S.356), Section 1, eff June 2, 2014.
Effect of Amendment
2014 Act No. 185, Section 1, added the paragraph designators; and in subsection (B), substituted "later" for "subsequent".
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 1 - Notaries Public › Section 26-1-30. Fee for issuance or renewal of commission.

The fee for the issuance or renewal of a commission is twenty-five dollars, collected by the Secretary of State as other fees.
HISTORY: 1962 Code Section 49-3; 1952 Code Section 49-3; 1942 Code Section 3466; 1932 Code Section 3466; Civ. C. '22 Section 824; Civ. C. '12 Section 739; 1911 (27) 139; 1967 (55) 509; 1983 Act No. 151, Part II, Section 8A; 1988 Act No. 658, Part II, Section 3A; 2014 Act No. 185 (S.356), Section 1, eff June 2, 2014.
Effect of Amendment
2014 Act No. 185, Section 1, reenacted the section with no apparent change.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 1 - Notaries Public › Section 26-1-40. Oath.

A notary public shall take the oath of office prescribed by the Constitution, and a certified copy of the written oath must be recorded in the office of the Secretary of State.
HISTORY: 1962 Code Section 49-4; 1952 Code Section 49-4; 1942 Code Section 3460; 1932 Code Section 3460; Civ. C. '22 Section 818; Civ. C. '12 Section 733; Civ. C. '02 Section 663; G. S. 521; R. S. 579; 1871 (15) 538, Section 2; 1911 (27) 139; 1961 (52) 510; 2014 Act No. 185 (S.356), Section 1, eff June 2, 2014.
Effect of Amendment
2014 Act No. 185, Section 1, rewrote the section.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 1 - Notaries Public › Section 26-1-50. Enrollment of commission.

Within fifteen days after he has been commissioned, a notary public must exhibit his commission to the clerk of the court of the county in which he resides and be enrolled by the clerk.
HISTORY: 1962 Code Section 49-5; 1952 Code Section 49-5; 1942 Code Section 3461; 1932 Code Section 3461; Civ. C. '22 Section 819; Civ. C. '12 Section 734; 1911 (27) 139; 2014 Act No. 185 (S.356), Section 1, eff June 2, 2014.
Effect of Amendment
2014 Act No. 185, Section 1, made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 1 - Notaries Public › Section 26-1-60. Seal of office; notary shall indicate date of expiration of commission.

A notary public shall have a seal of office, which must be affixed to his notarial acts. He shall indicate below his signature the date of expiration of his commission. The absence of the seal of office or date of expiration does not render his notarial acts invalid if his official title is affixed to it.
HISTORY: 1962 Code Section 49-6; 1952 Code Section 49-6; 1942 Code Section 3462; 1932 Code Section 3462; Civ. C. '22 Section 820; Civ. C. '12 Section 735; Civ. C. '02 Section 664; G. S. 522; R. S. 580; 1871 (15) 538; 1911 (27) 139; 1967 (55) 509; 1968 (55) 2843; 2014 Act No. 185 (S.356), Section 1, eff June 2, 2014.
Effect of Amendment
2014 Act No. 185, Section 1, rewrote the section.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 1 - Notaries Public › Section 26-1-70. [Reserved].

Editor's Note
Prior Laws: Former Section 26-1-70 was titled Effect of change of name by notary, and had the following history: 1962 Code Section 49-6.1; 1967 (55) 509; 1983 Act No. 151, Part II, Section 8B. See now Section 26-1-130.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 1 - Notaries Public › Section 26-1-80. Jurisdiction.

The jurisdiction of notaries public extends throughout the State.
HISTORY: 1962 Code Section 49-7; 1952 Code Section 49-7; 1942 Code Section 3459; 1932 Code Section 3459; Civ. C. '22 Section 817; Civ. C. '12 Section 732; Civ. C. '02 Section 662; G. S. 520; R. S. 578; 1871 (14) 538; 1911 (27) 139; 2014 Act No. 185 (S.356), Section 1, eff June 2, 2014.
Effect of Amendment
2014 Act No. 185, Section 1, made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 1 - Notaries Public › Section 26-1-95. Repealed by 2014 Act No. 185, Section 1, eff June 2, 2014.

Editor's Note
Former Section 26-1-95 was titled False certification by notary and was derived from 1989 Act No. 94, Section 1. See now Section 26-1-160.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 1 - Notaries Public › Section 26-1-100. Fees for notary acts.

(A) The maximum fees that may be charged by a notary for a notarial act is:
(1) for an acknowledgment, five dollars per signature;
(2) for an oath or affirmation without a signature, five dollars per person;
(3) for a jurat, five dollars per signature;
(4) for a signature witnessing, five dollars per signature; and
(5) for a verification of fact, five dollars per certificate.
(B) A notary who charges a fee for his notarial services shall display conspicuously in his place of business, or present to each principal outside his place of business, an English language schedule of fees for notarial acts.
(C) A notary may charge a travel fee when traveling to perform a notarial act if:
(1) the notary and the person requesting the notarial act agree upon the travel fee in advance of the travel; and
(2) the notary explains to the person requesting the notarial act that the travel fee is both separate from the notarial fee prescribed by subsection (A) and is neither specified nor mandated by law.
(D) Nothing in this chapter compels a notary to charge a fee.
HISTORY: 2014 Act No. 185 (S.356), Section 1, eff June 2, 2014.
Editor's Note
Prior Laws: Former Section 26-1-100 was titled Criminal jurisdiction, and had the following history: 1962 Code Section 49-9; 1952 Code Section 49-9; 1942 Code Section 3464; 1932 Code Section 3464; Civ. C. '22 Section 822; Civ. C. '12 Section 737; Civ. C. '02 Section 666; G. S. 524; R. S. 582, 829; 829 (6) 387. See now Section 26-1-170.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 1 - Notaries Public › Section 26-1-110. Notarizing a paper record.

When notarizing a paper record, a notary shall sign by hand in ink on the notarial certificate. The notary shall comply with the requirements of Section 26-1-90(B)(1) and (2). The notary shall affix the official signature only after the notarial act is performed. The notary may not sign a paper record using the facsimile stamp or an electronic or other printing method; except that a notary with a disability may use a signature stamp that depicts the notary's signature in a clear and legible manner, upon prior approval of the Secretary.
HISTORY: 2014 Act No. 185 (S.356), Section 1, eff June 2, 2014.
Editor's Note
Prior Laws: Former Section 26-1-110 was titled Attorney at law; exercise of powers as notary, and had the following history: 1962 Code Section 49-10; 1952 Code Section 49-10; 1942 Code Section 3463; 1932 Code Section 3463; Civ. C. '22 Section 821; Civ. C. '12 Section 736; Civ. C. '02 Section 665; G. S. 523; R. S. 581; 1871 (15) 538; 1911 (27) 139; 1927 (35) 43; 1938 (40) 1559. See now Section 26-1-180.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 1 - Notaries Public › Section 26-1-130. Changes in Notary's status.

(A) Within forty-five days after the following changes in a notary's status, the notary must notify the Office of the Secretary of State the:
(1) change of a notary's residence, business, or a mailing address or telephone number. The notary's term expires at the same time as the original term;
(2) legal change of a notary's name. A notary with a new name may continue to use the former name in performing notarial acts until the notary receives a confirmation of Notary's Name Change Form from the Secretary. Upon receipt of the confirmation of the Notary's Name Change Form from the Secretary, the notary shall use the new name, and shall destroy or deface all notary seals bearing the former name so that they may not be misused. The notary's term expires at the same time as the original term; and
(3) change of a notary's county of residence. A notary who has moved to another county in South Carolina remains commissioned until the current commission expires, is not required to obtain a new seal, and may continue to notarize without changing his seal.
(B) Notifications to the Office of the Secretary of State required by this section, must be made on a Change in Status Form, accompanied by a fee of ten dollars, and in a form and manner that is prescribed by the Secretary.
HISTORY: 1962 Code Section 49-6.1; 1967 (55) 509; 1983 Act No. 151, Part II, Section 8B; former 1976 Code Section 26-1-70; 2014 Act No. 185 (S.356), Section 1, eff June 2, 2014.
Effect of Amendment
2014 Act No. 185, Section 1, rewrote the section.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 1 - Notaries Public › Section 26-1-140. Resignation of commission.

(A) A notary who resigns the notary's commission shall submit to the Secretary a Change in Status Form indicating the effective date of resignation.
(B) A notary who ceases to reside in this State, or who becomes permanently unable to perform his notarial duties, shall resign his commission and submit to the Secretary a Change in Status Form indicating the effective date of resignation.
(C) A notary who resigns his commission shall destroy or deface all notary seals so that they may not be misused.
HISTORY: 2014 Act No. 185 (S.356), Section 1, eff June 2, 2014.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 1 - Notaries Public › Section 26-1-150. Death of notary.

If a notary dies during the term of commission, the notary's personal representative shall:
(1) notify the Secretary of State of the death in writing; and
(2) as soon as reasonably practicable, destroy or deface all notary seals so that they may not be misused.
HISTORY: 2014 Act No. 185 (S.356), Section 1, eff June 2, 2014.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 1 - Notaries Public › Section 26-1-170. Criminal jurisdiction.

A notary public has no power or jurisdiction in criminal cases.
HISTORY: 1962 Code Section 49-9; 1952 Code Section 49-9; 1942 Code Section 3464; 1932 Code Section 3464; Civ. C. '22 Section 822; Civ. C. '12 Section 737; Civ. C. '02 Section 666; G. S. 524; R. S. 582, 829; 829 (6) 387; former 1976 Code Section 26-1-100; 2014 Act No. 185 (S.356), Section 1, eff June 2, 2014.
Effect of Amendment
2014 Act No. 185, Section 1, rewrote the section.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 1 - Notaries Public › Section 26-1-180. Attorney at law; exercise of powers as notary.

An attorney at law who is a notary public may exercise all his powers as a notary, notwithstanding the fact that he may be interested as counsel or attorney at law in a matter with respect to which he may exercise the power, and may probate in any court in this State in which he may be counsel.
HISTORY: 1962 Code Section 49-10; 1952 Code Section 49-10; 1942 Code Section 3463; 1932 Code Section 3463; Civ. C. '22 Section 821; Civ. C. '12 Section 736; Civ. C. '02 Section 665; G. S. 523; R. S. 581; 1871 (15) 538; 1911 (27) 139; 1927 (35) 43; 1938 (40) 1559; former 1976 Code Section 26-1-110; 2014 Act No. 185 (S.356), Section 1, eff June 2, 2014.
Effect of Amendment
2014 Act No. 185, Section 1, rewrote the section.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 1 - Notaries Public › Section 26-1-190. Notary as stockholder, director, officer or employee of corporation; exercise of powers.

A notary public who is a stockholder, director, officer, or employee of a corporation may perform a notarial act for that corporation, unless the notary public is individually a party to the instrument or record that is the subject of the notarial act.
HISTORY: 1962 Code Section 49-11; 1952 Code Section 49-11; 1942 Code Section 3463; 1932 Code Section 3463; Civ. C. '22 Section 821; Civ. C. '12 Section 736; Civ. C. '02 Section 665; G. S. 523; R. S. 581; 1871 (15) 538; 1911 (27) 139; 1927 (35) 43; 1938 (40) 1559; former 1976 Code Section 26-1-120; 2014 Act No. 185 (S.356), Section 1, eff June 2, 2014.
Effect of Amendment
2014 Act No. 185, Section 1, rewrote the section.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 1 - Notaries Public › Section 26-1-200. Notarized document sent to another state or nation.

On a notarized document sent to another state or nation, evidence of the authenticity of the official seal and signature of a notary of this State, if required, shall be in the form of:
(1) a certificate of authority from the Secretary of State or designated local official, authenticated as necessary by additional certificates from the United States or foreign government agencies; or
(2) in the case of a notarized document to be used in a nation that has signed and ratified the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents of October 5, 1961, an Apostille from the federally designated official in the form prescribed by the Convention, with no additional authenticating certificates required.
HISTORY: 2014 Act No. 185 (S.356), Section 1, eff June 2, 2014.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 1 - Notaries Public › Section 26-1-210. Certificate of authority.

A certificate of authority evidencing the authenticity of the official seal and signature of a notary of this State shall be substantially in the following form:
"Certificate of Authority for Notarial Act
I, ____________(name of Secretary of State), South Carolina Secretary of State, certify that ____________ (name of notary), the person named in the seal and signature on the attached document, was a Notary Public for the State of South Carolina and authorized to act as such at the time of the document's notarization.
To verify this Certificate of Authority for a Notarial Act, I have affixed below my signature and seal of office this _____ day of_________, 20___."
(Signature and seal of commissioning official)
HISTORY: 2014 Act No. 185 (S.356), Section 1, eff June 2, 2014.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 1 - Notaries Public › Section 26-1-220. Fee for issuing certificate of authority or Apostille.

The Secretary of State may charge a reasonable fee for issuing a certificate of authority or an Apostille.
HISTORY: 2014 Act No. 185 (S.356), Section 1, eff June 2, 2014.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 1 - Notaries Public › Section 26-1-230. Issuance of certificate of authority or Apostille.

(A) The Secretary shall not issue a certificate of authority or an Apostille for a document if the Secretary has cause to believe that the certificate is desired for an unlawful or improper purpose. The Secretary may examine not only the document for which a certificate is requested, but also any documents to which the previous seals or other certifications may have been affixed by other authorities. The Secretary may request any additional information that may be necessary to establish that the requested certificate will serve the interests of justice and is not contrary to public policy, including a certified or notarized English translation of document text in a foreign language.
(B) The Secretary shall not issue a certificate of authority or an Apostille if:
(1) a seal or signature cannot be authenticated by either the Secretary or another official;
(2) the seal or signature is of a foreign official; or
(3) the document is a facsimile, photocopy, photographic, or other reproduction of a signature or seal.
(C) The Secretary may not include within the certificate of authority or Apostille any statement that is not within the Secretary's power or knowledge to authenticate. The Secretary may not certify that a document has been executed or certified in accordance with the law of any particular jurisdiction or that a document is a valid document in a particular jurisdiction.
HISTORY: 2014 Act No. 185 (S.356), Section 1, eff June 2, 2014.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 1 - Notaries Public › Section 26-1-240. Act not to contradict requirements of Section 62-2-503.

Nothing in this act shall be construed to contradict the requirements of Section 62-2-503.
HISTORY: 2014 Act No. 185 (S.356), Section 1, eff June 2, 2014.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 2 - Electronic Notaries Public › Section 26-2-10. Application of Chapters 1 and 3 of this title; conflicts.

The provisions of Chapters 1 and 3 of this title apply to all acts authorized pursuant to this chapter unless the provisions of Chapters 1 and 3 directly conflict with the provisions of this chapter. In that case, the provisions of this chapter control when applied to electronic notaries public and electronic notarial acts.
HISTORY: 2021 Act No. 85 (S.631), Section 2, eff May 18, 2021.
Editor's Note
2021 Act No. 85, Sections 1, 6, provide as follows:
"SECTION 1. This act must be known and may be cited as the 'South Carolina Electronic Notary Public Act'."
"SECTION 6. This act takes effect upon approval by the Governor. Electronic online notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the Secretary of State."
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 2 - Electronic Notaries Public › Section 26-2-20. Electronic notary public; registration; approval and rejection of registration applications.

(A) A notary public commissioned in this State may become an electronic notary public in accordance with this section. Before a notary public performs an electronic notarization, the notary public must register with the Secretary of State in accordance with the rules for registration as an electronic notary public and must identify the technology that he intends to use, which must conform to any rules or regulations adopted by the Secretary of State. A registration fee of fifty dollars must be submitted to the Secretary of State with the registration form to be used by the Secretary of State to administer the provisions of this chapter.
(B) Unless terminated pursuant to Section 26-2-140, the term of registration to perform electronic notarial acts shall begin on the registration starting date set by the Secretary of State and shall continue as long as the notary public's current commission remains valid.
(C) An individual registering to perform electronic notarial acts shall submit to the Secretary of State an application in a format prescribed by the Secretary of State that includes:
(1) proof of the successful completion of the course and examination required pursuant to Section 26-2-30;
(2) the disclosure of any and all license or commission revocations or other disciplinary actions against the individual; and
(3) any other information, evidence, or declarations required by the Secretary of State.
(D) Upon the individual's fulfillment of the requirements for registration under this chapter, the Secretary of State shall approve the registration and issue to the individual a unique registration number.
(E) The Secretary of State may reject a registration application if the individual fails to comply with any section of this chapter.
HISTORY: 2021 Act No. 85 (S.631), Section 2, eff May 18, 2021.
Editor's Note
2021 Act No. 85, Sections 1, 6, provide as follows:
"SECTION 1. This act must be known and may be cited as the 'South Carolina Electronic Notary Public Act'."
"SECTION 6. This act takes effect upon approval by the Governor. Electronic online notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the Secretary of State."
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 2 - Electronic Notaries Public › Section 26-2-30. Required course of instruction and examination.

(A) Before performing electronic notary acts, an electronic notary public shall take a course of instruction of sufficient length to ensure that the electronic notary public understands his duties and responsibilities, as determined and approved by the Secretary of State, and shall pass an examination of this course.
(B) The content of the course and the basis of the examination must be notarial laws, procedures, technology, and ethics as they pertain to notarizations and electronic notarizations.
HISTORY: 2021 Act No. 85 (S.631), Section 2, eff May 18, 2021.
Editor's Note
2021 Act No. 85, Sections 1, 6, provide as follows:
"SECTION 1. This act must be known and may be cited as the 'South Carolina Electronic Notary Public Act'."
"SECTION 6. This act takes effect upon approval by the Governor. Electronic online notary public applications will not be accepted for processing until the administrative rules are in effect and vendors of technology are approved by the Secretary of State."