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 merging an older South Carolina business into a new corporation make it eligible for the angel-investor tax credit?
The Attorney General concluded in 2013 that the merger did not restart the business's age. On the facts presented, the business began in 2005, so its 2009 reorganization did not make it a qualifying…
Could Spartanburg County end part-time magistrates' health benefits when it switched insurance plans in 2014?
The Attorney General concluded that the county most likely could not reduce a magistrate's existing insurance benefits during the unexpired term, even though the new plan excluded some part-time…
Did a South Carolina school district have to insure a parent’s car like a school bus when it contracted for the parent to drive their child?
The Attorney General concluded in 2013 that the school-bus insurance rule did not extend to a parent’s personal vehicle merely because the district contracted with the parent to transport their own child.
Could someone build and display a working water-distillation unit in South Carolina without alcohol-still restrictions?
The Attorney General did not grant permission or decide the requester’s liability. In 2013 it reaffirmed an earlier opinion that state and federal restrictions could apply to equipment capable of…
Could South Carolina counties keep traffic fines by charging local ordinance violations instead of state traffic offenses?
The Attorney General concluded in 2013 that conflicting local traffic ordinances and nonuniform traffic summonses were unlawful, while required assessments and surcharges still had to be remitted.…
Could a South Carolina school district issue its own diploma to a student who did not meet state graduation requirements?
The Attorney General concluded in 2013 that a district could not create or issue a separate high school diploma for students who fell short of the state requirements. It read state law as requiring…
Did York Technical College have to notify instructors about students’ convictions under South Carolina’s school crime report law?
The Attorney General concluded in 2013 that the school crime report statute did not require York Technical College to notify instructors or add the listed convictions to student records. The college…
Could a former Francis Marion University trustee claim a newly reorganized board seat without being elected to it?
On the facts presented, the Attorney General concluded in 2013 that the former trustee had no legal claim to the new at-large Seat Nine or any other board seat. The holdover provision did not carry…
Could South Carolina cities set their own speeding fines or use local ordinance summonses for traffic offenses?
The Attorney General concluded in 2013 that local speeding ordinances conflicted with statewide traffic law and that even a valid local traffic rule had to be enforced with a uniform traffic ticket.…
Could Charleston County tax an airplane owned by an out-of-state company if it spent much of the year at a county airport?
The Attorney General concluded in 2013 that a business aircraft with a South Carolina tax situs could be subject to the county’s personal property tax. It did not decide whether this plane had that…
Did South Carolina’s 2013 ballot law require parties that used conventions to hold a primary first?
The Attorney General concluded that the 2013 amendment did not require existing convention-nominating parties to switch to a primary. It addressed the procedure for a party already using primaries…
Could Charleston County tax a business airplane based at a local airport even though an out-of-state LLC owned it?
The Attorney General concluded in 2013 that an out-of-state owner did not prevent taxation of a business aircraft with a South Carolina tax situs. It viewed the stated airport lease and home-base…
Could South Carolina’s state law enforcement chief authorize local officers to investigate alcohol-license violations?
The Attorney General concluded in 2013 that SLED’s chief could expressly authorize local law enforcement officers to enforce alcohol laws and issue administrative citations, whether or not they also…
How did South Carolina’s five-day shelter hold apply to an animal impounded just before closing?
The Attorney General concluded in 2013 that the day an animal entered a shelter did not count toward the five-day hold. Saturdays, Sundays, and holidays were excluded; in the opinion’s…
How did South Carolina’s 2013 expungement rules treat youthful offender sentences and multiple convictions?
The Attorney General said youthful-offender eligibility alone was insufficient without a Youthful Offender Act sentence. It viewed multiple convictions sentenced at one appearance as consistent with…
Could a South Carolina police officer buy retirement service credit after applying before a retroactive 2013 amendment?
The Attorney General did not order the service-credit purchase. It said the officer had to rely on the retirement authority’s administrative decision unless the matter was litigated; a court might…
Could a South Carolina school board hold its superintendent’s evaluation in public at the superintendent’s request?
The Attorney General concluded in 2013 that the superintendent could not demand an open evaluation under the adversarial-hearing provision, because the annual evaluation was not such a hearing. The…
Could one person sit on South Carolina’s Commission on Higher Education and a local hospital board?
The Attorney General concluded in 2013 that both memberships were public offices, so serving on the state higher-education commission and a county hospital governing board at the same time would…
Could an Elgin police chief also be the town zoning administrator, or could a mayor hold another town office?
The Attorney General concluded in 2013 that police chief and zoning administrator were both public offices, so one person likely could not hold both. It also concluded that a mayor or council member…
What could South Carolina police release from a shared domestic-violence incident report after one arrestee’s charge was expunged?
The Attorney General concluded in 2013 that police should keep the shared report and redact only the information saying the person with the dismissed, expunged charge was arrested and charged. The…
Could a car manufacturer sell directly to South Carolina consumers online without a local dealership?
The Attorney General concluded in 2013 that a manufacturer could not sell cars directly to South Carolina consumers over the internet. The opinion read the dealer-franchise and licensing rules as…
Could a private humane society in South Carolina pick up roaming dogs without county authorization?
The Attorney General concluded in 2013 that a private humane society did not get general pickup authority merely from the dog-impoundment statute. Limited authority could arise through a court order…
Could South Carolina’s Governor fill a magistrate position during a Senate recess when the magistrate announced a resignation while the Senate was in session?
The AG concluded that the announced resignation did not create a vacancy while the Senate was in session because it had not been tendered to and accepted by the Governor. If that happened during the…
Could a South Carolina magistrate set bond when a defendant’s charge and prior record might expose him to life imprisonment?
The AG agreed with Court Administration that a magistrate should send a case to circuit court for bond setting when the charge and criminal record fell within the life-imprisonment provision it…
Could the College of Charleston publicly explain sexual-misconduct allegations when an employee resigned before termination hearings ended?
The AG said a true statement that termination proceedings began and the employee resigned before they ended would likely withstand a defamation claim. Stating that the proceedings arose from…
Could a South Carolina company hold a casino night with free chips and prizes for its clients and employees?
The AG concluded that the proposed casino night likely violated South Carolina law even though guests paid no admission and used no real money at the games. Participation was limited to company…
Were blind licensed vendors in South Carolina’s Commission for the Blind program employees of the Commission?
The AG’s short 2013 letter pointed to a South Carolina Court of Appeals footnote describing blind licensed vendors as self-employed and not Commission employees. The letter gave no broader…
Did a South Carolina town have to create an architectural review board, and who could appeal its decisions?
The AG said a county or town could choose whether to establish an architectural review board, but had to follow the applicable statute if it did. A person appealing a board decision needed a…
Could South Carolina’s victim-assistance office recover its payment after a crime victim received a pain-and-suffering settlement?
The AG predicted that a court would allow the office to recover the assistance it paid when the victim later received a settlement for the crime, potentially through unjust enrichment or another…
Could South Carolina victim assistance reclaim its payment when a crime victim later received uninsured-motorist insurance proceeds?
The AG predicted the office could recover assistance it paid after the victim first recovered 100% of actual losses and expenses caused by the crime. It identified a conflict between…
Could a South Carolina builder who owned subdivision lots submit a late application for the multiple-lot property-tax discount?
The AG concluded that a builder who owned the lots could apply late under the multiple-lot discount provision if the written application included the late fee and all other statutory conditions were…
Could South Carolina State Transport Police collect reduced fines directly for every traffic violation in the commercial-vehicle article?
The AG said the special citation and direct-payment option covered size, weight, idling and safety violations involving commercial carriers or vehicles that Transport Police primarily enforced.…
How could a South Carolina magistrate be removed for misconduct or incapacity, and could a county eliminate that particular judge’s position?
The AG identified the judicial disciplinary complaint process for alleged misconduct or incapacity and declined to judge a particular relationship. It said a county and its Senate delegation could…
Could a South Carolina firefighter serve on another city’s council while retaining State Fire Marshal certification?
The AG concluded that a Greer firefighter could serve on Simpsonville City Council and keep Fire Marshal certification under the facts supplied. The firefighter exemption applied to dual-office…
Which lookback period applied to South Carolina employers’ unemployment-tax benefit ratio for tax year 2014?
The AG said the statute supported both a ten-year and a three-year reading for the 2014 benefit-ratio calculation. It left the interim interpretation to the Department of Employment and Workforce,…
Could a South Carolina nonprofit hospital indemnify trustees and officers for a federal verdict against the hospital?
The AG concluded the hospital could not indemnify its trustees and officers at that stage because they were not parties to the federal lawsuit and had not been compelled to pay damages. It also said…
Could a South Carolina nonprofit water company give residential customers a free month without giving businesses the same benefit?
The AG did not give a categorical yes or no. It said the answer depended on whether a court found the resulting water rates reasonable; the office would not make that factual determination.
Did a South Carolina State University trustee lose her seat when the legislature voted against re-electing her but chose no successor?
The AG concluded that the vote against re-election did not remove the trustee. She continued in holdover status until a successor was elected and qualified, leaving no vacancy for the Governor to fill.
Could a South Carolina concurrent resolution repeal an earlier state law concerning a road closure?
The 2013 AG predicted a court would likely find that a concurrent resolution lacked the force of law and could not repeal a state statute. It expected a court to treat the resolution as binding only…
Could a South Carolina municipal judge sign a city arrest or search warrant at home outside city limits?
The AG concluded that signing a warrant at a municipal judge’s home outside city limits did not, by itself, invalidate the warrant. The judge still needed jurisdiction over the matter and had to…
Could South Carolina police require a crime victim to use a public-records request to see investigation documents before trial?
The AG said a victim had a separate constitutional right to reasonable access to documents relating to the crime after the investigation ended and before trial; an agency policy or FOIA response…
Could a South Carolina town contract with a nearby commercial farm for police protection outside town limits, even beyond three miles?
The AG said Pelion could contract to protect the farms described, because each had some property within three miles of town. Assuming the required jurisdiction agreements and area-description…
Could a lender electronically record a South Carolina mortgage satisfaction after the original mortgage was lost without two witnesses and an ownership affidavit?
The AG said electronic recording did not remove the lost-original statute’s two-witness and affidavit requirements. It rejected the sample one-witness satisfaction, while concluding that an agreed…
Did county IT staff violate HIPAA by maintaining a coroner’s system that let them view case files?
The AG said computer-system maintenance was not inherently a HIPAA violation if the work complied with HIPAA. It did not decide whether Richland County’s particular access arrangement complied and…
Did previously sold South Carolina subdivision lots regain the multiple-lot property-tax discount when a new LLC acquired them?
The AG concluded that neither of the two described transfers qualified for the discount. It read the statute as ending the initial lot discount when a lot was sold and noted that a separate older…
Could a South Carolina campus police officer use a personal unmarked car with blue lights for patrol?
The AG concluded that campus officers’ personal cars could not display blue lights under the cited rule and that campus police vehicles could not be unmarked. College-owned police vehicles could…
Did a 2004 pardon require South Carolina to remove an offender’s existing information from the sex-offender registry?
The AG concluded that the 2004 pardon ended the person’s duty to register again, but did not require removal of information already on the registry. The opinion distinguished relief from continuing…
When a South Carolina tax deed was set aside for defective notice, did the county owe the purchaser interest and a refund of property taxes?
The AG treated the court’s setting aside of the tax deed as a redemption requiring the county to refund the purchase price with interest. It also concluded the purchaser could recover ad valorem…
Could a South Carolina resident with a vested remainder interest get the four-percent home assessment while others held life estates?
The AG predicted the occupant would qualify for the four-percent legal-residence assessment under the facts described, despite others holding life estates. It reasoned that the resident could be…
Could a South Carolina legislator also work as director of airports for a county aviation authority?
The AG predicted the airport director job was employment rather than a second public office, so the constitutional dual-office rule likely did not bar a legislator from holding it. The opinion…
Could a South Carolina school district use the state elementary-nurse grant to hire a pediatrician instead of a licensed nurse?
The AG said the grant funds were restricted to licensed nurses and could not pay a pediatrician hired for the nursing slot. It said the district could use other available funds to employ a licensed…
Could South Carolina’s Forestry Commission contact program members about free enrollment with a forest foundation without unlawful commercial solicitation?
The AG predicted initial contact with existing Forest Stewardship Program members about free enrollment could fall within the Commission’s statutory mission rather than prohibited commercial…
Could the two Spartanburg applicants, a sheriff’s code enforcement officer and a state trooper, also serve as fire district commissioners?
The Attorney General concluded that either applicant would violate South Carolina's dual office holding prohibition by also serving as a special purpose fire district commissioner. The opinion…
Could the Savannah Lakes Village Special Tax District buy property and hold title apart from McCormick County?
The Attorney General thought a court would likely find that the tax commission could buy assets needed for district services. It did not resolve whether title should be in the district's,…
Did a South Carolina auto parts store need a nonferrous metals permit when it gave store credit for used batteries?
The Attorney General concluded that auto parts stores holding valid retail licenses were exempt from the nonferrous metals permitting requirements at issue. Because of that exemption, it did not…
Could a private citizen prosecute a courtesy summons case in a South Carolina magistrate court?
The Attorney General concluded that a private citizen who was not a lawyer could not prosecute a courtesy summons case in magistrate court. It also declined to treat the officer who merely served…
Could a South Carolina county reimburse council members for private health insurance or pay a member's college tuition?
The Attorney General concluded that a county could not reimburse a council member for separate health insurance or make a cash payment instead of contributing to a county group plan. It also…
Could the Town of Lexington sell Barr Pond without an appraisal or public bidding, and did it need an ordinance?
The Attorney General said a municipality needed an ordinance to sell or contract to sell land, but state law did not require an appraisal or public bidding. It could not determine whether…
Did a South Carolina city council member need fuel receipts to receive travel reimbursement?
The Attorney General said a travel log showing the trip's purpose, destination, and mileage was appropriate documentation of a council member's actual travel expenses. Fuel receipts were prudent but…
When did South Carolina's Equal Access to the Ballot Act take effect after Shelby County ended the old preclearance formula?
The Attorney General concluded that the act's preclearance condition could no longer occur after Shelby County v. Holder. It therefore applied South Carolina's default rule and treated the act as…
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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.