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 county impose jail time for drug paraphernalia when state law set only a civil fine?
The AG reaffirmed an earlier opinion that had treated a local criminal ordinance as valid, but emphasized uncertainty in the case law and suggested a declaratory judgment for a final answer. It did…
Could a South Carolina assessor consider an appraisal made for a purpose other than property tax?
The 2012 AG said an assessor should consider a taxpayer’s appraisal and decide how much weight it deserved based on its evidence of the property’s value at the relevant time. Its original purpose…
Could a South Carolina town add property cleanup costs to a tax bill and sell the property if the bill went unpaid?
The 2012 Attorney General concluded that St. George could adopt an ordinance making qualifying cleanup costs a property lien collectible like municipal taxes, without a referendum. Whether the…
Could a South Carolina county use C-funds to maintain highway and railroad crossings or bridges?
The 2012 Attorney General said a county transportation committee could use C-funds for highway and railroad crossings, including bridges, at its discretion if the projects fit the approved…
Did votes for a withdrawn South Carolina primary candidate count when deciding if a runoff was needed?
The 2012 AG believed votes for a candidate who withdrew too late to be removed from the ballot should count toward the total used to decide whether anyone won a majority. They would not elect the…
Could a South Carolina county impose buffers or permits on qualifying forestry operations?
The 2012 AG concluded that counties and towns could not apply local buffer, tree-protection, notice, fee, best-practice, or road-access requirements to qualifying forestry activities on protected…
When could a South Carolina city put a voter-approved change in its form of government into effect?
The 2012 AG reversed its earlier view that existing council terms had to expire before a new municipal form could take effect. It believed a city could likely set the effective date by ordinance,…
Could a South Carolina property owner lower a tax assessment after market prices fell between reassessments?
The 2012 AG said assessors could not change a tax value simply because market prices had fallen since the last countywide reassessment. The tax value could change at statutory trigger points,…
Could South Carolina minors help FDA inspectors test illegal tobacco sales without violating state purchase rules?
The 2012 AG concluded that minors working with FDA-commissioned inspectors in authorized tobacco compliance checks could participate without violating the state possession prohibition. It also…
Could a South Carolina mayor work at a law firm that handled the city’s bond transactions?
The 2012 AG believed the older low-bid requirement likely had been superseded, though it could not say so with certainty. It said Columbia’s mayor had to disclose his interest in the law firm and…
Would elected county treasurer and auditor candidates serve after voters changed the county to a manager system?
The 2012 AG said treasurer- and auditor-elect candidates were not protected by the existing-term statute if a new council-manager form and appointment ordinance were complete before they took…
How did South Carolina define fair market value when calculating real property tax?
The 2012 AG said the tax assessment ratio applied to “fair market value,” but that term had the particular meaning supplied by state tax law. The law set valuation dates and limited some…
What counted as a current ethics disclosure for a South Carolina incumbent filing for reelection in 2012?
The 2012 AG read a “current” disclosure statement for the incumbent-candidate exemption as the annual statement filed the previous year by April 15. The official still had to file the next annual…
Could a South Carolina police department recover training costs when another agency hired its officer?
The 2012 AG said a later governmental law enforcement employer had to reimburse the first agency when it hired a trained officer within the statutory two-year period, even if the officer had left…
Which South Carolina deputy could prosecute a magistrate-court case when another deputy served the warrant?
The 2012 AG believed a court would treat the deputy who investigated the case and obtained the arrest warrant as the officer able to prosecute it in magistrate court. A deputy whose only role was…
Could a candidate removed from a South Carolina primary ballot seek the general-election ballot by petition?
The 2012 AG concluded that people removed from a party primary ballot for failing to file required economic-interest statements could seek nomination by petition for the general election. It…
Could a Saluda County resident outside a water authority service area serve on its board?
The 2012 AG said a resident elector of Saluda County could serve on its water and sewer authority even if the person lived inside a municipality or in an area removed from the authority’s service…
Did a South Carolina clerk of court control courthouse offices, a separate family court, and a separate magistrate court?
The 2012 AG said Newberry County’s clerk had custody and management of the county courthouse, including office assignments and keys, apart from building alterations or additions. It extended that…
Could a South Carolina voter film a marked ballot and post it online?
The 2012 AG said a voter who let others see a marked ballot through video, a phone, or another medium with apparent intent to reveal the vote could be found in violation of ballot-secrecy…
Could a South Carolina county council order its elected treasurer to staff a new satellite office?
The 2012 AG concluded that Jasper County Council and its administrator could not require the elected treasurer to operate or staff a satellite office. The council could fund an additional position…
Could a South Carolina officer arrest a suspected shoplifter based on a store employee’s report?
The 2012 AG said a shoplifting misdemeanor could be charged by uniform ticket, with a warrantless arrest, when the officer had probable cause from the full circumstances to believe it had been…
Could Pioneer Rural Water District build a new water treatment plant under its South Carolina charter?
The 2012 AG said Pioneer Rural Water District’s charter primarily authorized a water distribution system, not an express treatment-plant power. A court might nevertheless find construction…
Could a South Carolina town refuse a tax-only payment when its bill also included a municipal fee?
The 2012 AG found no law requiring a municipality to accept a payment covering only taxes while leaving fees on the same bill unpaid. A lien-backed fee might support foreclosure or a delinquent tax…
Were below-cost gasoline sales illegal in South Carolina under the 2012 law?
The 2012 AG said selling gasoline below acquisition cost plus taxes and transportation could violate state law when the intent or effect was to destroy or substantially lessen competition or injure…
Could a South Carolina county or city calculate a business license tax from gross income?
The 2012 AG said both county and municipal business license taxes were required by statute to use gross income rather than net income. It distinguished a county business registration fee, which the…
Could South Carolina’s State Treasurer request investment records from fellow public pension fiduciaries?
Yes. The Attorney General reaffirmed that the Retirement System Investment Commission, Budget and Control Board, and State Treasurer owed duties to the retirement trust and should keep one another…
What identification could a South Carolina precious-metals dealer accept from a seller in 2012?
The Attorney General said a seller without a driver’s license needed other positive identification with a photograph and identifying number, but the statute did not list every acceptable document.…
Could municipal court staff sign an absent officer’s name on a replacement traffic ticket after a plea bargain?
No. The Attorney General said court staff and judicial officers lacked authority to issue a replacement uniform traffic ticket or sign for the absent officer. If the original charge was lawfully…
When could a South Carolina deputy coroner carry a handgun in 2012?
The Attorney General said a deputy coroner who had the required handgun training and certification could carry while performing official duties, including travel to and from those duties. Class III…
Could a road or right of way between Lexington and a parcel defeat municipal annexation contiguity?
The Attorney General said an intervening road or right of way did not by itself defeat contiguity under South Carolina annexation law. It declined to decide whether the particular Lexington parcel…
Which congressional districts governed South Carolina DOT commissioner elections during the 2012 redistricting transition?
The Attorney General said vacancies in existing DOT districts should be filled using the old district lines until newly elected members of Congress took office. It also concluded that the new…
What court order did South Carolina police need to install a GPS tracker on a vehicle in 2012?
The Attorney General said installing a GPS device on a person’s vehicle and monitoring it was a search. Under the statute it analyzed, the Attorney General or a circuit solicitor could apply for an…
Could one person serve on both the Edgefield County Hospital Board and county transportation committee?
The Attorney General concluded that simultaneous service violated South Carolina’s constitutional ban on holding two public offices. It regarded membership on each body as a public office for that purpose.
Could a South Carolina city council member with a concealed-weapons permit carry at a council meeting in 2012?
The Attorney General said no. A permit did not authorize carrying into a municipal governing-body meeting or other prohibited premises, and the city could not override state firearm law by ordinance.
Did a federal income-tax exemption remove a Beaufort County club or HOA from the business license tax?
The Attorney General said an income-tax exemption did not automatically exempt a private club or homeowners’ association from Beaufort County’s business license tax. The ordinance’s gross-receipts…
After North Charleston annexed land served by fire districts, could the districts keep collecting fire taxes?
The Attorney General said the Ashley River and Old Fort fire districts could continue receiving taxes from the annexed area until a service plan was made or their rights changed through the…
Could Abbeville County’s school board raise operating millage without county council approval?
The Attorney General treated the school board as the local governing body but said local legislation ordinarily required county council approval for a millage increase. The board could act without…
Could a South Carolina mayor work as another town's code enforcement officer?
The South Carolina AG concluded that Fairfax's mayor could not simultaneously serve as Estill's code enforcement officer. Both roles counted as public offices under the state constitution's dual…
Can a security guard issue state traffic tickets on a gated community’s private roads?
The AG said a registered private security officer could issue a uniform traffic ticket for covered statutory offenses on private roads properly brought under the state traffic act. For those…
Could Cherokee County fund tuition scholarships at a local technical college?
The AG concluded that Cherokee County had authority to fund the proposed scholarships for residents attending the local state-supported technical college. It expected a court to find a public…
Could a Bamberg city council member also serve as a volunteer firefighter?
The AG said the state constitution’s dual office rule exempted volunteer firefighters, but a separate statute barred a council member from municipal employment. It concluded the Bamberg council…
Could Norway appoint uncertified town constables or make its mayor a police officer?
The AG said Norway could appoint police officers, but a town constable exercising police powers needed state training and certification. It also concluded the mayor could not simultaneously serve as…
Did South Carolina’s 2012 appearance bond time limits apply to bonds issued earlier?
The AG concluded that the 2012 amendment was presumed to apply prospectively, so its new bond periods did not automatically govern bonds issued before February 1, 2012. It said a court would need to…
Could a South Carolina water district promise to defend its contractor in a lawsuit?
The AG said a defense promise for claims arising from the district’s conduct could not bypass the South Carolina Tort Claims Act absent statutory authority. A promise to defend claims arising from…
Could Norway’s mayor appoint himself chief constable and hold both positions?
The South Carolina AG concluded that Norway’s mayor could not appoint himself chief constable or serve in that position while mayor, even without extra pay. The appointment also created a conflict…
Could Kershaw County reject the Lugoff Fire District budget for reasons beyond legality?
The AG concluded that the county’s approval power was not limited to finding legal defects in the fire district’s budget. It could accept or reject the budget as a whole, while leaving specific…
Could South Carolina police use a battery powered meter to enforce window tint limits?
The AG found no provision in the window tint statute banning battery powered meters as an enforcement method. It left the reliability and admissibility of any particular meter reading to a court on…
Could an appointed Greenville sewer district raise property taxes or sewer fees?
The AG said the Metropolitan Sewer Subdistrict’s appointed board had to follow statutory methods to change its operations tax levy. It appeared able to impose or revise sewer service charges and tap…
Can someone appealing a South Carolina municipal court case get the court’s tape?
The AG said a municipal judge had no duty to hand an appellant a transcript or recording merely because of an appeal. A tape already held by the court was presumptively open for inspection or…
Did Cayce have to give the Richland-Lexington Airport District city water rates?
The AG said Cayce did not have to charge the unannexed Airport District the same water rate as city residents unless its contract required that rate. Annexation, with the airport commission’s…
Could an Isle of Palms council member teach unpaid recreation classes and stage plays?
The AG said unpaid teaching at the city recreation department might still count as prohibited municipal employment or create a supervisor and employee conflict; it left the factual decision to a…
Could an Anderson tax appeals chair also sit on South Carolina’s Medical Disciplinary Commission?
The AG concluded the tax appeals chair could continue in both roles. The tax board position counted as a public office, but the medical commission only heard complaints and recommended findings to…
Could Bamberg County fire a probate clerk for running for probate judge?
The AG concluded Bamberg County could not enforce its candidate termination ordinance against the probate court clerk. The clerk served at the elected probate judge’s pleasure, outside county…
Could a local South Carolina housing authority act throughout the state?
The AG concluded that city, county and regional housing authorities had statutory territorial limits. The state Housing Finance and Development Authority had express statewide authority; HUD was…
Did removing sex offender registration as a probation condition end a separate registration duty?
No. The AG concluded that the judge removed only a probation condition. Because the pleaded offense fell within the registry statute and the conduct involved minors, the defendant still had to…
Could a school district share information about crimes at school with the sheriff despite FERPA?
The AG said FERPA did not categorically bar sharing school crime information with law enforcement. Whether a particular record could be disclosed depended on its type and circumstances; the office…
Could Spartanburg School District 7 start an extended elementary school year in July?
The AG said the proposed July start did not qualify for the year-round exception and appeared to conflict with the statutory August opening date. The district could seek a State Board of Education…
Did Tega Cay have to elect a public works commission to govern its water and sewer system?
The AG concluded that Tega Cay could leave its system under city council. The statute tied election of public works commissioners to an election on utility bonds, and the city had issued revenue…
Did public elementary schools need DSS approval for prekindergarten programs lasting more than four hours?
The AG said a public elementary school’s independent prekindergarten program was excluded from the general childcare facility licensing law. A four-year-old program participating in the state-funded…
Did South Carolina’s deer baiting ban also forbid hunting over bait in Game Zones 1 and 2?
The AG read the 2008 statute to prohibit baiting for deer in Game Zones 1 and 2, but not hunting or taking deer over bait there. A separate DNR regulation prohibited both baiting and hunting over…
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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.