Could Sullivan’s Island require owners of state-registered golf carts to get a town identification decal?

Plain-English summary

The Attorney General said Sullivan's Island could not require an owner of a golf cart properly registered with the State to obtain a separate town license. It interpreted the statutory prohibition on municipal or county license plates as applying even if the town called the additional requirement an identification decal.

Currency note

This opinion was issued in 2003. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Historical summary

Town councils

The office looked to the effect of the proposed decal requirement. A different label did not avoid the statutory bar on separate local licensing for a state-registered cart.

Golf cart owners

The opinion addressed carts already properly registered with the State. It did not discuss unregistered carts or other possible local traffic rules.

Common questions

Would calling the local license a decal change the answer?
No. The AG said the prohibition appeared to apply even with that label.

What statute did the AG apply?
S.C. Code Ann. § 56-3-1220.

Background and statutory framework

The town proposed an identification decal for residents using state-registered golf carts. The opinion quoted the statutory ban on local license plates and applied it to that request.

Citations and references

The opinion cited S.C. Code Ann. § 56-3-1220.

Official title

Questioning whether the town council can establish an ordinance requiring residents using golf carts properly registered with the State to obtain a decal from the town that would identify the owner.

Requester

Andy Benke, Town Administrator, Town of Sullivan’s Island

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/august-18-2003/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/03/03aug-18-Benke.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY McMASTER
ATTORNEY GENERAL

August 18, 2003

Andy Benke, Town Administrator
Town of Sullivan's Island
1610 Middle Street
Sullivan's Island, South Carolina 29482-0427
Dear Mr. Benke:
In a letter to this office you questioned whether the town council can establish an ordinance requiring residents using golf carts properly registered with the State to obtain a decal from the town that would identify the owner. Pursuant to S.C. Code Ann. Section 56-3-1220 (1991), "(n)o county or municipality shall issue a municipal or county license plate." I would construe that provision as prohibiting an owner of a golf cart otherwise properly registered with the State from having to obtain any separate license from the town. Such prohibition would seem to apply even if the requirement was referred to as a decal. With kind regards, I am,

Charles H. Richardson
Senior Assistant Attorney General

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COLUMBIA, S.C. 29211-1549

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