South Carolina Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in South Carolina, with full citations and the original source on every page.
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Could a South Carolina magistrate or municipal judge also serve as a notary public?
The 2016 AG said the constitution's dual-office bar did not count notary service, so a summary court judge could also be a notary if the judge held no additional non-exempt office. It left judicial…
Could a South Carolina public hospital district fund a nonprofit clinic's free medical and dental care?
The 2016 AG said a court could find the proposed Lexington County clinic funding served a public purpose and could uphold an outright donation. It identified an agreement for services under the…
Could a South Carolina school board discuss disciplining one of its own members in a closed session?
The 2016 AG questioned the Beaufort school board's power to discipline its own members and said the FOIA personnel exception did not permit a closed session to discuss disapproval of a fellow…
In 2016, could South Carolina require abortions after 18 weeks from conception to be performed in a hospital?
Applying the federal abortion cases controlling in 2016, the AG predicted that a court would uphold such a hospital requirement against a facial challenge. It addressed a proposed law, not an…
Was South Carolina's unclaimed-property law limited to the types of property individually listed in its special rules?
The 2016 AG said no. It read the general rule as presuming intangible property abandoned after more than five unclaimed years, unless a more specific provision supplied a different rule.
Could a South Carolina licensed security guard sign an arrest warrant for an incident on protected property?
The 2016 AG said a properly licensed guard acting on the property the guard was hired to protect could seek and sign an arrest warrant without invalidating it. Once a judge found probable cause and…
Did a South Carolina family court need to suspend a juvenile commitment when placing a child on probation?
The 2016 AG said South Carolina law did not answer the question directly. Looking to other states, it suggested that a suspended sentence was unnecessary and that a court could modify a juvenile…
Could Allendale County refuse to create a consolidation charter commission after a certified voter petition?
The 2016 AG predicted that a court would require the county to create the commission within thirty days after certification of a qualifying petition. It said a court could interpret the law or…
Could a member of a South Carolina nonprofit homeowners association inspect the records behind its financial statements?
The 2016 AG read the nonprofit statute to allow inspection of underlying accounting materials when a member met the written-demand, proper-purpose and direct-connection requirements. It said an…
When a South Carolina tenant appeals an eviction judgment, what must happen to stay the eviction?
The 2016 AG said the magistrate first had to decide possession under the landlord-tenant procedure. A tenant appealing that judgment could obtain a stay by signing the statutory undertaking to pay…
Did a South Carolina mandatory reporter have a duty to report suspected child abuse learned away from the workplace?
The 2016 AG said physical location did not control. The statutory duty depended on whether the listed professional learned the information within the scope of that professional role; a person could…
Did maintenance work at Charleston’s Union Pier passenger terminal need a South Carolina coastal-zone permit?
On the facts supplied, the 2016 AG predicted that renovations, including added support pilings, continued a passenger-facility use authorized before the coastal law took effect and were exempt from…
Could an unpaid school board member also coach a team in the same district?
The 2016 AG concluded that a board member serving as a head or assistant coach in the same district would face a master-servant conflict even without pay. Helping a team at will, without ongoing…
Did South Carolina’s annual millage cap apply to the Clarendon County fire district?
The 2015 AG said the general operating millage cap did not apply to this special tax district after a 2011 amendment. It concluded that county council could set the district’s annual operating…
Was a South Carolina probate judge paid above the base salary entitled to a cost of living raise?
The 2015 AG concluded that the statutory cost of living adjustment applied to probate judges’ base salaries, not automatically to salaries above that minimum. A county could still choose to give an…
Would a proposed 2015 South Carolina autism insurance mandate require state payments?
The 2015 AG predicted that extending an existing autism coverage mandate to individual and small group plans would count as a new benefit beyond the state’s benchmark essential benefits, requiring…
Could a Loris city council member also serve as the city’s volunteer fire chief or firefighter?
The 2015 AG predicted that either fire department role would conflict with city council service under the municipal employment statute, even though the constitutional dual office ban did not apply.…
Did South Carolina's ethics law ban legislators from paying their own businesses for campaign work?
The 2015 AG predicted no automatic ban when a legislator paid a business in which the legislator or family had an interest for genuine campaign services. It also predicted no violation on the…
Could Hardeeville charge an extra business license tax when a business closed or changed owners?
The 2015 AG predicted that a court would reject Hardeeville’s extra tax on closing-year receipts because its annual license tax already covered that year’s business privilege. The ordinance remained…
Did out of state DUI convictions count toward South Carolina vehicle forfeiture in 2015?
The 2015 AG said out of state impaired driving convictions and South Carolina unlawful alcohol concentration convictions counted toward the repeat offense threshold for vehicle forfeiture under the…
Could Dorchester County tax owner occupied homes to pay for school resource officers?
The 2015 AG predicted that school resource officers were a school operating expense, so county taxes on owner occupied homes for them violated the then-applicable exemption. It also said duplicate…
Could McCormick County Council change individual items in the school district budget?
The 2015 AG predicted that a 1976 local act validly let McCormick County Council approve and change the school district’s proposed budget by line item. It did not read the general school millage…
Could South Carolina wineries make and sell wine from vegetables or honey under the 2015 rules?
The 2015 AG found no ban on making agricultural wine below the stated alcohol limit and predicted it could qualify as natural wine if federal labeling rules were met. It said wineries could not…
Could Irmo’s council vote to remove one of its elected members from a meeting in 2015?
In this 2015 opinion, the AG said a council could not summarily remove a member from office or a meeting without cause. A later opinion later modified the office’s similar April 2016 conclusion and…
How much could the South Carolina Election Commission charge an elector for precinct lists?
The 2015 AG predicted that a reasonable precinct list price should primarily reflect the cost of reproducing the lists, rather than raise program revenue. It left the final factual determination of…
Was conspiracy to commit a misdemeanor classified as a felony in South Carolina in 2015?
The 2015 AG said a charge under the conspiracy statute was a felony even if the planned crime was a misdemeanor. The statute separately limited the fine or sentence to what the completed planned…
Did the 2015 disaster declaration let Lee County repair private driveways with county equipment?
The 2015 AG said the federal disaster declaration did not create an exception to South Carolina’s public purpose restriction. It did not authorize the county to use public funds, workers, or…
Could Savannah Lakes Village contract with a nonprofit fire department and fund runs outside its district?
The 2015 AG predicted the special tax district could contract with a nonprofit for fire protection if it retained proper oversight. It expected lawful contract terms to stand, but cautioned that…
Could a county public defender also serve on the same county’s council in 2015?
The 2015 AG concluded that the dual roles did not violate the constitutional office rule or create the described master-servant conflict. It declined to decide the separate ethics question and…
Could South Carolina pay 911 equipment vendors directly from the wireless program fund?
The 2015 AG said the wireless 911 funding provision authorized reimbursement to approved public answering points and providers, but did not authorize the fiscal office to direct payment to vendors.
Could South Carolina’s higher education commission join SARA and charge administration fees in 2015?
The 2015 AG said the commission lacked statutory authority to join the interstate distance education agreement or collect fees to administer it. The opinion called for legislation expressly granting…
Could one Columbia police officer swear to warrant facts learned from another officer?
The 2015 AG said the proposed process could support a valid warrant oath if the signing officer learned the probable cause facts from the investigator and disclosed that source. It said the informed…
Was South Carolina’s 2015 motorcycle safety study committee improperly structured?
The 2015 AG concluded that the committee’s specified mix of government appointees and motorcycle group members was lawful. It stressed that the committee only studied and recommended; implementing…
Did South Carolina home rule invalidate the Reidville Area Fire District’s 1973 enabling act?
The 2015 AG predicted a court would uphold the Reidville fire district act, ratified just before the home rule amendment on the same day. It read the two enactments together and did not treat home…
Could Greenville’s legislative delegation hire counsel and direct the health system board?
The 2015 AG said Greenville’s legislative delegation could employ counsel to act concerning the health system, without AG approval. It also said the delegation’s power to appoint board members did…
Could a Dorchester County chief magistrate temporarily act as coroner after the coroner’s suspension?
The 2015 AG said the chief magistrate’s temporary coroner duty arose by statute and fit the ex officio exception to the dual office rule. It declined to decide whether particular cases would require…
Could a website-only newspaper publish legal notices requiring general circulation in South Carolina?
The 2015 AG predicted that an online-only paper did not meet statutory newspaper of general circulation requirements. It said changing that result would require the Legislature to amend the notice laws.
Could the South Carolina House ethics committee investigate a member who had resigned?
The 2015 AG said the House ethics committee had legal authority to consider alleged misconduct committed while a person was a member even after resignation. It left the decision whether to proceed…
Can South Carolina accept a late angel investor tax credit application?
The 2015 AG concluded that the Department of Revenue had discretion to accept an untimely angel investor credit application. Acceptance did not waive the Act’s other requirements or guarantee a…
Can a Beaufort hospital trustee also serve as Jasper County attorney?
The 2015 AG said yes. A Beaufort Memorial Hospital trustee held a public office, but the Jasper County attorney position was employment under the ordinance rather than a second public office.
Can a South Carolina coroner subpoena a living person’s blood in a death investigation?
The 2015 AG said no. A coroner or deputy coroner could not use the statutory subpoena duces tecum power to compel a blood draw from an individual; doing so would evade limits on the coroner’s…
Could Bamberg’s board of public works purchase and operate a golf course?
The 2015 AG said a golf course purchase usually fell outside a public works board’s traditional role. A court might uphold it if the property furthered utility work, such as water supply or…
Could an active-duty service member be appointed county veterans affairs officer in South Carolina?
The 2015 AG classified an active-duty applicant who had not been discharged as a nonveteran under the appointment statute. If the county legislative delegation found that applicant more qualified…
Can owners block parking on a South Carolina state highway right of way?
The 2015 AG said neighboring owners could not place blocks, flags, or signs on the state highway right of way to stop fairgoers from parking there. They could ask transportation or local officials…
When were military and overseas absentee ballots timely under South Carolina’s 2015 law?
The 2015 AG read the law to count a qualifying ballot received by poll closing, or one submitted before polls closed without knowledge of results and received by the business day before canvass. The…
Could Lancaster County defer a developer’s improvement district assessments?
The 2015 AG said county council lacked authority to defer the developer’s annual assessments or waive statutory late penalties, even though a developer affiliate owned the bonds. Penalties belonged…
Could Greenville Health System transfer hospital operations to a nonprofit without legislative approval?
The 2015 AG found no absolute ban on a hospital system leasing facilities to a new nonprofit structure, but said the public system had to retain adequate supervision and control. The legality of the…
Could Greenville Health System transfer assets to a nonprofit and serve other counties?
The 2015 AG found no absolute ban on a nonprofit hospital structure, but required the public system to retain adequate supervision and control; only a court could resolve a specific plan. The…
Could a magistrate court constable run for sheriff without resigning?
The 2015 AG said no. The judicial employee rule barred a magistrate court constable from being a candidate in a partisan sheriff election while holding that job, so the constable had to resign…
Could a South Carolina register of deeds remove a recorded deed tied to an unapproved plat?
The 2015 AG said a register of deeds could remove a recorded deed that failed legal filing requirements under the statutory procedure, potentially including an unapproved plat. The decision was fact…
Could police release a confiscated DUI or suspended-license vehicle to a lienholder before trial?
The 2015 AG said police generally could release a confiscated vehicle when served with a lienholder’s claim-and-delivery or repossession order before the criminal case was decided. The conclusion…
Could a Florence County judicial center lease avoid South Carolina’s county debt limit?
The 2015 AG said a court could count the judicial center financing against the county’s constitutional debt limit if it found the county or its citizens effectively owned the center through a…
What was the 2015 South Carolina cap for scholarship organization tax credits?
The 2015 AG read an ambiguous appropriations proviso to retain an $8 million cap on credits for scholarship organization contributions, alongside a new $4 million cap for direct exceptional-needs…
Did South Carolina’s tourism review committee have to review the 30 percent accommodations-tax fund?
The 2015 AG said the Tourism Expenditure Review Committee had an obligation to review local accommodations-tax expenditures, including money distributed to tourism groups from the 30 percent fund.…
Could a South Carolina sheriff auction confiscated handguns to buy police equipment?
The 2015 AG said no. The handgun-disposal statute allowed agency use, transfer to another law enforcement agency, trade with a licensed dealer, or destruction; it did not authorize auction or…
Could Savannah Lakes Village tax funds support fire services outside the district?
The 2015 AG said a special tax district could contract with another political subdivision for shared fire and first-response services, including service across district lines, if the agreement was…
Did South Carolina’s medical parole law cover inmates sentenced to life without parole?
The 2015 AG said no. Medical parole could accelerate consideration for otherwise parole-eligible inmates, but did not extend to prisoners serving death or life-without-parole sentences or otherwise…
How did South Carolina’s 2015 law count the tax-sale redemption period?
The 2015 AG reaffirmed that the tax-sale date was excluded and the final day of the 12-month redemption period included. In its example, an October 6, 2003 sale could be redeemed on October 7, 2004;…
Did South Carolina’s revenue department have to file tax liens electronically in 2015?
The 2015 AG said the Department of Revenue had to submit tax collection documents electronically where the receiving clerk or register accepted electronic filings. Both sides were to follow the…
Could South Carolina police add charges during a pursuit outside their usual jurisdiction?
The 2015 AG said an officer lawfully pursuing a suspect beyond city or county boundaries could charge additional offenses observed during the pursuit or resulting stop, so long as the basis for the…
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Attorney general opinions in South Carolina are written by the South Carolina Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.