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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Did South Carolina law permit a supervised self-driving car test on public roads in 2015?
The 2015 AG said state law neither expressly allowed nor banned autonomous-vehicle testing. A court would likely permit a supervised test with a licensed driver ready to take over if applicable…
Could South Carolina bar candidates from seeking two constitutional judgeships at once?
The 2015 AG predicted a court would find the one-vacancy rule unconstitutional as applied to circuit, appeals, and supreme court judgeships because it added a qualification beyond the Constitution.…
Could the First Steps study committee recommend an entirely new agency structure?
The 2015 AG said the committee could recommend an alternative structure for the Office of First Steps, but the alternative had to be similar or related to the options listed in the statute; it could…
Did South Carolina’s execution-team confidentiality law protect drug compounders?
The 2015 AG said yes. It read “member of an execution team” to include individuals and companies preparing chemicals for lethal injection, barring disclosure of their identities or identifying…
Were South Carolina teacher and principal evaluations public under the 2015 FOIA?
The 2015 AG said educator evaluations were public records, with any privacy exemption requiring a case-specific balance. It saw support for disclosure, but even where an exemption applied it gave…
Could Columbia ban weapons within 250 feet of South Carolina’s State House in 2015?
The 2015 AG predicted a court would invalidate Columbia’s emergency weapons ban around the State House because state firearm law preempted local regulation of carrying and possession. The emergency…
Could Chesterfield County change a voter-created fire district boundary without board consent?
The 2015 AG predicted a court would find that Chesterfield County Council could change the fire district boundary without board consent and could reduce the district after a public hearing. It left…
What arrest authority did a private security guard have at a South Carolina public school?
The 2015 AG said a public school was public property, so a licensed private security guard there had only ordinary private-citizen arrest authority, not the added arrest powers the security…
Could a South Carolina district create two schools of choice or seek an earlier start date?
The 2015 AG read the statute to allow one school of choice per district. That school could seek an exemption from the August opening-date rule, but only after public presentation, a two-thirds…
Could a South Carolina referendum decide the State House flag issue in 2015?
In an expedited 2015 letter, the AG said a binding statewide referendum could not enact the flag law because lawmaking belonged to the Legislature. It also cited a state supreme court case against…
Did the South Carolina AG decide whether West Columbia’s 2015 council meetings violated FOIA?
No. The AG declined to decide the disputed meeting facts, summarized the 2015 open-meetings law, and said alleged violations belonged in circuit court. It described possible equitable relief,…
Could Richland County insure its road contractors through a wrap-up program?
The 2015 AG predicted an owner-controlled insurance program for county transportation work could satisfy the state Constitution if deductible claims came from appropriated funds and served a public…
Could Kinder Morgan condemn South Carolina land for an oil pipeline in 2015?
The 2015 AG expressed substantial doubt that South Carolina’s pipeline statute granted an oil pipeline company condemnation power. It said courts had to construe such authority narrowly in favor of…
Did South Carolina administrative law judges accrue annual and sick leave in 2015?
The 2015 AG said administrative law judges were elected public officers rather than employees covered by the leave statutes. They did not accrue annual or sick leave, need leave records, or receive…
Who chose Beech Island water district directors when its bylaws called for elections?
The 2015 AG said the county legislative delegation chose nominees and the Governor appointed directors under state law. Customer elections under the district bylaws were advisory and optional; the…
Did South Carolina’s 2015 evidence law require medical examiners to keep toxicology samples?
The 2015 AG said medical examiners were evidence custodians and the Act was not limited to DNA. Physical or biological evidence collected and retained for processing in cases involving the 24…
Can a South Carolina solicitor decline every case involving an officer over credibility concerns?
The Attorney General concluded that a solicitor could decline cases based on concerns about an officer’s credibility without examining every case in full. The solicitor’s decision did not take away…
Could South Carolina utilities place gas or water lines in a public road easement acquired by prescription?
The Attorney General predicted that a South Carolina court would treat reasonably foreseeable utility infrastructure as within a public road easement acquired by prescription, without imposing an…
Could a South Carolina defense lawyer contact a crime victim when the defendant had a no contact order?
The Attorney General believed a court would likely allow defense counsel, without the defendant present, to contact a victim for a case related witness interview despite an order barring the…
Did South Carolina First Steps have to use rulemaking procedures for every board duty?
The Attorney General read the 2015 First Steps statute to require Administrative Procedures Act procedures only when a particular board duty called for a regulation within that Act’s definition. The…
Could Edgefield’s mayor also become chief of its volunteer fire department?
The Attorney General said holding both positions would not violate the state constitution’s dual office holding ban. It warned that a court might nevertheless find an unlawful mayor employee…
Did a South Carolina 911 dispatcher need U.S. citizenship for Class 4 certification?
The Attorney General predicted that a court would treat an E911 dispatcher as an employee, not a public officeholder, so the constitutional elector and citizenship rule for officeholders would not…
Could a South Carolina deferred presentment lender accept a debit card to redeem a customer check?
The Attorney General concluded that a debit card payment counted as a “cash payment in full” under the 2015 Deferred Presentment Services Act because it directly drew funds from the customer’s bank…
Would a South Carolina court recognize and enforce a judgment from a Turkish court?
The Attorney General concluded that a South Carolina court would recognize a Turkish judgment under common law comity if the foreign court had jurisdiction, the defendant had notice and an…
Could a gated community ban campaign signs near a polling place on its property?
The Attorney General concluded that the answer depended on which part of the community was used for voting and whether the owner had opened nearby areas to political speech. A restriction in the…
Could one person serve on Colleton County’s fire commission and soil conservation board?
The Attorney General concluded that both posts were public offices, so simultaneous service would likely violate South Carolina’s dual office holding ban. On assuming the second office, the person…
Did South Carolina’s medical window tint exemption cover where tint could be placed?
The Attorney General concluded that the medical affidavit exception in the 2015 window tint statute extended to tint placement as well as light transmittance and luminous reflectance. It relied on…
Could a South Carolina workers’ compensation commissioner also serve as a DNR deputy officer?
The Attorney General concluded that the combination did not violate the state constitutional dual office holding rule because a governor commissioned DNR officer fell within the constable exception.…
Could South Carolina require a license for commercial glyphosate applicators?
The Attorney General concluded that a 2015 state regulation requiring a limited herbicide license for commercial general use glyphosate applicators appeared within the pesticide commission’s…
Did a South Carolina hospital need a weapons sign to enforce its concealed carry ban?
The Attorney General concluded that the 2015 statutory ban for clinical settings did not depend on the special sign requirements. A detached hospital campus building with no medical services fell…
Did South Carolina school districts need a joint board to run a shared career education center?
The Attorney General concluded that participating school districts could run a multi district career and technology facility through a written affiliation agreement without creating a joint board.…
Could Cape Romain National Wildlife Refuge restrict kayak tours on its waters?
The Attorney General concluded that the U.S. Fish and Wildlife Service had authority to limit access to Cape Romain land and water to protect wildlife, subject to judicial review. The office…
Who could request county office space and funding for a South Carolina legislative delegation?
The Attorney General predicted that a majority of a county legislative delegation could submit a reasonable office budget and that the county council should provide necessary funds, resources, and…
Was impersonating a police officer a crime of moral turpitude in South Carolina?
The Attorney General predicted that a South Carolina court would classify impersonating a law enforcement officer as a crime of moral turpitude because the offense involved dishonest…
Could South Carolina’s high school league place charter and private schools in a higher sports division?
The Attorney General predicted that a proposed rule raising charter and private schools one athletic class would violate State Department of Education Proviso 1.81, which required equal league…
Could South Carolina officers serve a warrant on someone attending court for another case?
The Attorney General concluded that a criminal arrest warrant generally could be served on a person at court for an unrelated matter. It read S.C. Code Ann. § 17-13-60 (2014) to bar arrest under a…
Did a county created special tax district and its commissioners have governmental immunity?
The Attorney General predicted that a county created special tax district and its appointed commissioners would be treated as part of the county for applicable tort and common law immunities. It did…
Did a South Carolina revenue raising bill have to start in the House if called a fee?
In 2015, the Attorney General reaffirmed that the constitutional origination rule turned on a bill’s purpose of raising revenue, not whether legislators called its charge a tax or fee. It said a…
Could South Carolina house 17 year old detainees with younger juveniles by changing only a statute?
The Attorney General concluded that a proposed statute defining juveniles to include 17 year olds would conflict with the state constitution’s under 17 separation line unless the constitution also…
Could South Carolina issue a temporary funeral home permit to a manager without a year of licensing or residency?
The Attorney General predicted that a temporary funeral establishment permit still required a manager who met the statute’s one year South Carolina funeral director licensing definition. It also…
Could a utility place new infrastructure in an existing South Carolina public road easement?
The Attorney General concluded that public road easements could include later utility uses consistent with the road’s public purpose, without a new taking if no additional servitude resulted.…
Did South Carolina’s proposed 2015 highway revenue bill have to originate in the House?
The Attorney General concluded that Senate Bill 523 had a primary purpose of raising highway revenue and therefore should have originated in the House under Article III, Section 15. It also warned…
Could a Pee Dee Mental Health Center board member also serve on Marion City Council?
The Attorney General concluded in 2015 that both positions were public offices, so simultaneous service would fall under South Carolina's constitutional dual office holding ban. The board's…
Could South Carolina DNR decline to renew a shellfish culture permit for unmet production conditions?
The Attorney General concluded that the statutes gave DNR discretion to issue and renew shellfish culture permits, impose production and reporting conditions, and revoke or suspend permits for…
Which South Carolina agencies could regulate an automated transport network?
The Attorney General said in 2015 that the described horizontal passenger network did not appear to be an elevator or an amusement device. Other agency jurisdiction depended on how the system…
Could a retiring South Carolina magistrate be reappointed without interrupting retirement benefits?
The 2015 opinion said a retiring magistrate needed a genuine separation from service before reappointment and had to go through the ordinary appointment and qualification process. It quoted a…
Could Atlantic Beach bar people suing the town from serving on its boards?
The Attorney General concluded in 2015 that Atlantic Beach's ordinance raised serious constitutional problems and believed a court would find it inconsistent with the Constitution. The office…
Can a witness invoke the privilege against self incrimination in South Carolina judgment collection proceedings?
The Attorney General concluded in 2015 that a witness could invoke the privilege when answers might be incriminating and prosecution was possible. It believed a court would find the supplementary…
Did South Carolina's 2012 DNR law eliminate the Natural Resources Board's specific statutory duties?
No, according to the Attorney General's 2015 opinion. The amended general provision limited the board to policy setting rather than day to day management, but specific statutes assigning board…
What powers did Charleston County's eight constituent school districts retain after consolidation?
The Attorney General concluded in 2015 that constituent districts lacked the full status and fiscal powers of autonomous school districts, but their trustees retained the specific local powers…
Would a South Carolina plan implementing proposed EPA carbon rules need legislative review?
The Attorney General believed in 2015 that all or significant parts of a state plan would likely count as a regulation and need General Assembly review, especially if the plan went beyond federal…
Could a charter school employee serve on a district board that funded the school?
The Attorney General believed in 2015 that an employee of a charter school receiving district funds or resources would likely have a prohibited master and servant conflict if the employee also sat…
Could Greenwood alter its World War memorial through a joint resolution under South Carolina's Heritage Act?
The Attorney General said in 2015 that the Greenwood World War memorial was covered by the Heritage Act and could not be altered without amending that Act. The opinion said the amendment required a…
Was a Simpsonville committee walk through of the Arts Center a public meeting under FOIA?
The Attorney General believed in 2015 that a court would likely treat the walk through as a public meeting. Two of the three committee members were present, and the tour gathered information about a…
Was a James Island service district lawyer's verbal resignation effective after he withdrew it?
The Attorney General believed in 2015 that the board had not accepted the verbal resignation because it had taken no vote. It also viewed counsel as likely an independent contractor whose departure…
Could one person serve on Greenville's transportation committee and a sewer subdistrict commission?
The South Carolina Attorney General concluded in 2015 that the two positions were public offices and that holding both at the same time would violate the state constitutional prohibition on dual…
Did South Carolina's post expungement record retention rule cover solicitor run diversion programs?
Yes, according to the Attorney General's 2015 opinion. It treated alternative to prosecution programs supervised by a circuit solicitor as part of a prosecution agency, so either the program or the…
Could a Beaufort teacher obtain her own evaluation and complaint investigation records under FOIA?
The Attorney General believed in 2015 that the teacher's own evaluation and related investigation records should be disclosed to her. The district's claim that they were not public records was…
Could South Carolina lawmakers replace SC State University's board during its 2015 financial crisis?
The Attorney General concluded that the legislature generally had authority to amend the statutes governing South Carolina State University and its board. It predicted a court would likely uphold…
Could Goose Creek spend local hospitality tax revenue on a recreation facility?
The Attorney General said in 2015 that hospitality tax revenue could support a recreational facility only if the project fit one of the statute's tourism related purposes. It did not decide whether…
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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.