Can a South Carolina coroner use Child Fatality Fund money to buy a vehicle for a deputy coroner?

Plain-English summary

Fairfield County Coroner Chris Hill asked the South Carolina Attorney General whether South Carolina's Child Fatality Fund statute, Section 17-5-140(B), lets a coroner use those funds to buy a vehicle for a deputy coroner responding to calls, since the statute lets a coroner spend leftover funds "at the coroner's discretion" on personnel or "an office or office equipment."

The AG's office concluded no. Applying ordinary rules of statutory construction, the office read "office equipment" as a phrase where "equipment" is modified by "office," meaning tools and supplies used to operate an office rather than vehicles. Because the statute lists a specific, exclusive set of permitted uses (paying the coroner's minimum salary, then discretionary spending on staff, an office, or office equipment), a vehicle purchase does not fit any category. The opinion notes, however, that public funds from another lawfully authorized source could still be used to provide transportation for coroner staff responding to calls, since that would serve a legitimate public purpose.

What this means for you

County coroners managing Child Fatality Fund money

The opinion holds that Section 17-5-140(B)'s list of permitted discretionary uses, staff, an office, and office equipment, is exclusive under the "expressio unius" canon of construction, so a vehicle purchase cannot be charged to these funds even if it would help a deputy coroner do the job.

County treasurers and finance officers

The opinion confirms the treasurer's first obligation under the statute is paying the duly elected full-time coroner at least the statutory minimum salary from these funds, with only the remainder subject to the coroner's discretionary spending authority under the same statute.

County councils and budget officers looking to provide coroner office transportation

The opinion notes that while Child Fatality Fund money itself cannot fund a vehicle purchase, a county may still be able to provide transportation for coroner employees from another authorized funding source, since doing so serves a public purpose.

Common questions

Q: Can a coroner buy a car for a deputy coroner using Child Fatality Fund money? A: No. The opinion concludes a vehicle does not qualify as "office equipment" under Section 17-5-140(B), and the statute's list of permitted uses is exclusive.

Q: What counts as "office equipment" under this statute? A: The opinion says "office equipment" can reasonably include office supplies, furniture, examination equipment and supplies, and recording devices, things that furnish an office, not a vehicle.

Q: Is there any other way to fund a vehicle for coroner staff? A: The opinion notes that public funds from another authorized source could be used to provide transportation for coroner employees responding to calls, since this would serve a public purpose, just not from the Child Fatality Fund allocation itself.

Q: Does the coroner have discretion over all of the Child Fatality Fund money the county receives? A: No. The county treasurer must first pay the duly elected full-time coroner at least the statutory minimum salary from the funds; only money left over after that is subject to the coroner's discretionary spending on staff, an office, or office equipment.

Background and statutory framework

Section 17-5-140 was added by 2018 Act No. 183, which created Local Child Fatality Review Teams in every South Carolina county to expeditiously review child deaths. The Act's stated purpose was to ensure funds are disbursed to counties equally to pay the duly elected full-time coroner and fund related personnel or equipment. Subsection (B) requires the county treasurer to pay the coroner at least the statutory minimum annually, then gives the coroner discretion over any remaining funds for hiring a deputy coroner, administrative personnel, or forensically trained personnel, or for providing an office or office equipment. Under ordinary rules of statutory construction, a specific list like this is generally read as exclusive unless the statute's text says otherwise.

Citations and references

Statutes:

• S.C. Code § 17-5-140(B), coroner's discretionary use of Child Fatality Fund money
• 2018 Act No. 183, creation of Local Child Fatality Review Teams and Section 17-5-140

Cases:

• Mitchell v. City of Greenville, 411 S.C. 632, 770 S.E.2d 391 (2015), the cardinal rule of ascertaining legislative intent
• Hodges v. Rainey, 341 S.C. 79, 533 S.E.2d 578 (2000), plain statutory text as the best evidence of intent, and the expressio unius canon
• Matter of Decker, 322 S.C. 215, 471 S.E.2d 462 (1995), no word or clause should be rendered superfluous

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/opinion-addressing-a-coroner-s-discretionary-authority-to-spend-funds-allocated-under-s-c-code-section-17-5-140-b/
• Original PDF: https://www.scag.gov/media/5rcg33df/03376569.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain, the linked PDF is authoritative.

ALAN WILSON
ATTORNEY GENERAL

August 25, 2023

The Honorable Chris Hill
Fairfield County Coroner
315 South Congress St.
Winnsboro, SC 29180

Dear Coroner Hill:

Attorney General Alan Wilson has referred your letter to the Opinions section. Your letter states the following:

I am Coroner Chris Hill, Fairfield County, S.C. coroner, and I am writing you to get a better understanding about the money that the counties get from the South Carolina Child Fatality Funds and possibly get clarification on one of the sections in the bill.

In Section 17-5-140, part B, it states that if the duly elected coroner receives the minimum salary amount, the funds can be used at the coroner’s discretion; to hire a deputy coroner, administrative personnel, or personnel with forensic training. It goes on to say that the coroner may use the funds to provide an office or office equipment. In your opinion, could a vehicle purchase be considered equipment under Section 17-5-140, part B, that the deputy coroner would use to respond to calls and carry equipment that is needed to do their job on that said call.

It also says that the money/funds can be used at the coroner’s discretion. Can the coroner, at his discretion, purchase a vehicle for his deputy coroners to use on their job. Any clarification that you could give would be greatly appreciated.

REMBERT C. DENNIS BUILDING • POST OFFICE BOX 11549 • Columbia, SC 29211

The Honorable Chris Hill
Page 2
August 25, 2023

Law/Analysis

It is this Office’s opinion that S.C. Code § 17-5-140(B) permits an elected county coroner to spend funds allocated thereunder for any of the purposes listed in subsection (B) after satisfying the annual compensation floor. The plain language of S.C. Code § 17-5-140(B) does not appear to permit the funds allocated thereunder to be used for a vehicle purchase.

As a matter for first impression, this opinion will interpret section 17-5-140 according to the rules of statutory construction. When interpreting a statute, the primary goal is to determine the General Assembly’s intent. See Mitchell v. City of Greenville, 411 S.C. 632, 634, 770 S.E.2d 391, 392 (2015) (“The cardinal rule of statutory interpretation is to ascertain and effectuate the legislative intent whenever possible.”). Where a statute's language is plain and unambiguous, “the text of a statute is considered the best evidence of the legislative intent or will.” Hodges v. Rainey, 341 S.C. 79, 85, 533 S.E.2d 578, 581 (2000). “A statute should be so construed that no word, clause, sentence, provision or part shall be rendered superfluous.” Matter of Decker, 322 S.C. 215, 219, 471 S.E.2d 462, 463 (1995) (quoting 82 C.J.S. Statutes § 346) (internal quotations omitted). The rule of statutory construction “‘expressio unius est exclusio alterius’ or ‘inclusio unius est exclusio alterius’ ... holds that ‘to express or include one thing implies the exclusion of another or the alternative.”’ Hodges, at 86, 533 S.E.2d at 582. This rule of construction means if the General Assembly creates a list within a statute, courts generally find that list is meant to be finite unless the text of the statute clearly indicates otherwise. With these principles in mind, this opinion will next look to specific provisions within the text of section 17-5-140(B) and legislative history to guide its analysis.

Section 17-5-140 was adopted as part of Act No. 183 of 2018 which created Local Child Fatality Review Teams in each county of the State. Section 1 of the Act established the composition of the teams, provided the stated purpose of the teams is to “expeditiously review all child deaths that occur in the county,” and described the county coroner’s role in regard to the teams. 2018 Act. No. 183, § 1. Section 2 added section 17-5-140 to the South Carolina Code of Laws with the stated purpose in the title of the Act “so as to provide that funds must be disbursed to the counties equally to pay the duly elected full-time coroner or other related personnel or equipment.” 2018 Act. No. 183. Subsection (B) reads as follows:

From the funds received pursuant to this section, each county treasurer must pay the duly elected full-time coroner at least thirty-five thousand dollars annually. If the funds are not totally expended to pay the duly elected full-time coroner, then at the discretion of the coroner he may use the funds to hire a deputy coroner, administrative personnel, or personnel with forensic training. Also, the coroner may use the funds to provide an office or office equipment.

The Honorable Chris Hill
Page 3
August 25, 2023

S.C. Code § 17-5-140(B) (Supp. 2022).

The plain language of subsection (B) describes how funds allocated under the statute may be spent. Subsection (B) initially requires the county treasurer to “pay the duly elected full-time coroner at least thirty-five thousand dollars annually.” Thereafter, the statute grants the “duly elected full-time coroner” discretionary authority to spend the remaining funds for any of the purposes listed in subsection (B). As noted in your letter, those purposes include hiring “a deputy coroner, administrative personnel, or personnel with forensic training,” and also using “the funds to provide an office or office equipment.” Id. The rules of statutory construction discussed above direct that this list be construed as exclusive.

It is this Office’s opinion that section 17-5-140(B) does not authorize the purchase of a vehicle as “office equipment.” Your letter questions whether a vehicle purchase could be considered authorized as “equipment.” The plain language of the statute, however, authorizes using funds to “provide an office or office equipment.” Id. (emphasis added). Here, “equipment” is modified by the adjective “office.” When read in context, it appears the General Assembly intended to authorize these funds to be used to both “provide an office” and to furnish it with the tools and supplies the coroner may need to make use of said office. Id. “Office equipment” can reasonably be interpreted to include office supplies, office furniture, equipment and supplies used in examinations, recording devices, etc. While the plain language of S.C. Code § 17-5-140 does not appear to permit the funds allocated thereunder to be used for a vehicle purchase, public funds may be used from another authorized source to provide transportation for coroner employees to respond to calls as this would serve a public purpose.

Conclusion

As is discussed more fully above, it is this Office’s opinion that section 17-5-140(B) does not authorize the purchase of a vehicle as “office equipment.”

Sincerely,
Matthew Houck

Assistant Attorney General
REVIEWED AND APPROVED BY:

Robert D. Cook
Solicitor General