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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Must South Carolina officers add a separate warning that an arrested person can stop answering questions at any time?
The Attorney General concluded in 2009 that officers did not have to give a separate 'fifth' Miranda warning about stopping an interrogation. He treated that ability as part of the required…
Could South Carolina offer inmates sentence reductions or donors tax credits in exchange for organ donations?
The Attorney General concluded in 2009 that sentence reductions for inmate organ donors could violate the federal ban on valuable consideration for transplant organs. He also viewed tax credits for…
Could Campobello police enforce the law on Interstate 26 between mile markers 2 and 5?
The Attorney General said in 2009 that Campobello police appeared to have jurisdiction on I-26 between mile markers 2 and 5. Miles 3 to 5 had been annexed into town; a contract with the Spartanburg…
Could one person sit on Charleston County's assessment appeals board and Mount Pleasant's workforce-housing committee?
The Attorney General concluded in 2009 that the same person could serve on the Charleston County Board of Assessment Appeals and Mount Pleasant's workforce-housing committee. The appeals board seat…
Would a proposed military-children school compact change South Carolina enrollment and guardianship rules?
The Attorney General said in 2009 that proposed Senate Bill 319 partly matched existing enrollment law but would add new rules. A child could attend a noncustodial parent's district under…
Could South Carolina county election offices accept voter-registration forms by fax or email and keep the electronic copy?
The Attorney General concluded in 2009 that county election offices could choose to accept voter-registration applications by fax or email. An accurate electronic copy kept accessible for later…
Could a South Carolina county hire a private security company to provide security for a general-sessions courtroom?
The Attorney General concluded in 2009 that the sheriff or a deputy had to provide security for the court of general sessions and follow the presiding judge's rules or orders. Because the courthouse…
Could Florence choose a council member other than the mayor to preside at meetings, and could the mayor seek project funding alone?
The Attorney General said in 2009 that Florence's council-manager government could assign meeting chair duties to a council member other than the mayor. The mayor could write a personal support…
Did a South Carolina Class 3 officer have full custodial arrest powers in 2009?
No. The Attorney General concluded in 2009 that a Class 3 officer did not have full police custodial arrest powers. Such officers' authority was limited by their certification, regulations, and…
Could a new Kershaw County sheriff take back control of the detention center without county council consent?
The Attorney General said in 2009 that the prior sheriff's approved transfer of jail duties to Kershaw County ordinarily bound a successor sheriff. Because the statutes did not specify how to return…
Could Lexington County require profits from a blind-operated detention-center commissary for its inmate welfare fund?
The Attorney General did not resolve whether Lexington County could require a share of the blind-operated commissary's profits for inmate welfare. The 2009 letter found competing statutory and…
Did manipulation or adjustment by a South Carolina physical therapist count as practicing medicine?
The Attorney General did not decide whether a licensed physical therapist's adjustment or manipulation was the practice of medicine. The 2009 letter set out the statutory definitions but said the…
Could a Horry County senator who lived outside the county vote on Grand Strand Water and Sewer Authority appointments?
The Attorney General said in 2009 that the statute's resident-member voting rule was constitutionally suspect under a federal appeals decision. Pending a new court ruling, the office urged following…
Were Charleston harbor pilots' vessels considered South Carolina law-enforcement vessels?
The Attorney General concluded in 2009 that Charleston Branch Pilots' vessels should be considered South Carolina law-enforcement vessels. He characterized their role as quasi-law-enforcement…
Did Dorchester County legislators need weighted votes when recommending Water Authority board members?
The Attorney General concluded in 2009 that Dorchester County's legislative delegation should use weighted voting when recommending Water Authority board members. Under the federal court's interim…
Could a South Carolina magistrate continue hearing cases while on bond for a misconduct charge?
The Attorney General said in 2009 that he knew of no automatic rule barring a magistrate from holding court merely because the judge was out on bond for misconduct. Suspension or removal belonged to…
When a South Carolina mayor's office became vacant, did the mayor pro tempore become mayor and need a new oath?
The Attorney General concluded in 2009 that a mayor pro tempore serving during a mayoral vacancy remained mayor pro tempore rather than becoming mayor or being sworn in as mayor. The official…
Could a South Carolina city or county levy a local sales tax under the laws reviewed in 2009?
The Attorney General found no general law then allowing a South Carolina municipality to levy a sales tax. Several statutes did allow counties to impose particular sales and use taxes, usually after…
Could a state senior psychologist also serve on South Carolina's psychology licensing board?
The Attorney General concluded in 2009 that a senior psychologist at the Vocational Rehabilitation Department could also serve on the state Board of Examiners in Psychology. The board seat was a…
Could Columbia spread a fire-sprinkler property-tax credit over four years or pay it as a rebate?
The Attorney General said in 2009 that Columbia had authority to offer the fire-sprinkler property-tax credit, but its delayed-claim, four-year installment, and rebate features appeared contrary to…
Would a proposed Middle Court pilot in South Carolina's Fifth Judicial Circuit violate equal protection?
The Attorney General concluded in 2009 that a proposed Middle Court pilot in the Fifth Judicial Circuit would not violate equal protection because testing an alternative sentencing program there had…
Could Columbia code officers tag a vehicle parked on private land with its owner's consent as abandoned?
The Attorney General said in 2009 that code officers could tag qualifying vehicles on public highways, but could not tag a vehicle parked on private property with the property owner's consent as…
Could South Carolina's legislature accept federal stimulus funds if the governor refused, and could it make him apply?
The Attorney General said in 2009 that a concurrent resolution could substitute for the governor's initial federal acceptance certification. It did not replace separate federal requirements for the…
Was a charity's house drawing lawful when donors bought entries but others could request free entry forms?
The Attorney General concluded in 2009 that the described charity house drawing was a lottery. Each $25 donation earned an entry, and the office treated the cumbersome free-entry procedure as a ruse…
Did a South Carolina county delegation need a majority of its members present, or only a majority of weighted votes, for a quorum?
The Attorney General said in 2009 that a county legislative delegation likely still needed a physical majority of members present for a quorum, even though its votes were weighted. He acknowledged…
Could police charge a driver with an open-container violation in an unposted South Carolina parking lot?
No. The Attorney General concluded in 2009 that a person parked in a lot without the signs required by Section 23-1-15 could not be charged under the cited open-container law.
Could a South Carolina county cover deputy sheriffs with one blanket bond?
Yes. The Attorney General said in 2009 that a county could use a blanket bond to satisfy deputy sheriffs' bond requirement, provided both the county council and county attorney approved it.
Could a South Carolina technical college share a truck-driving instructor and leased vehicle to qualify for a school license?
Yes, the Attorney General said a technical college could meet the licensing requirements with a vehicle leased from an existing school and an instructor employed by both. The DMV could not exempt…
Did Whitten Center instructors have to be paid on the statewide teacher salary schedule?
The Attorney General did not give a definitive yes-or-no answer in 2009. Because the Whitten Center apparently did not receive the relevant education funds, its instructors might be paid…
Could Beaufort County schools add 20 instruction days for students falling behind?
Yes. The Attorney General concluded in 2009 that Beaufort County could schedule 20 additional instruction days for students needing extra help, beyond the statutory school term described in the opinion.
Could an Irmo fire investigator stay after other firefighters left to investigate a blaze?
Yes. In 2009 the Attorney General said an Irmo Fire District member who was also a commissioned police officer could remain alone for a reasonable origin-and-cause investigation after an emergency…
Could a single-member LLC claim South Carolina’s four-percent legal residence property-tax assessment?
No. In 2009 the Attorney General reaffirmed that a single-member LLC could not receive the four-percent assessment ratio for legal residences, even if its only member lived in the home.
Did a certificate of occupancy prove a new house was ready for South Carolina property tax assessment?
A certificate of occupancy could serve as evidence that a new structure was complete and fit for its intended use, but the Attorney General said in 2009 it was not required. The assessor had to…
When could Timmonsville police respond to calls outside town limits?
The Attorney General said in 2009 that Timmonsville officers could respond to qualifying distress or assistance calls in the surrounding county, including calls from central dispatch, under Section…
Did South Carolina require tourism-tax-funded improvements for major retail sites to be publicly owned?
No. The Attorney General said in 2009 that the special provision for extraordinary retail establishments did not carry over the public-ownership requirement in the general definition. The office…
Could a South Carolina magistrate hear an uninsured-vehicle charge against its titled owner?
The Attorney General concluded in 2009 that the statute gave no specific penalty for a titled owner’s offense. It applied a general sentencing provision, said imprisonment could reach ten years, and…
Could Six Mile’s mayor or council appeal a zoning administrator’s decision?
Yes. The Attorney General said in 2009 that the mayor and individual council members were municipal officers, and the council itself was a board, so each could appeal a zoning administrator’s…
Could a South Carolina real estate agent fill in transaction details on an attorney-prepared sale contract?
The Attorney General said in 2009 that merely filling in transaction-specific blanks on an attorney-prepared form did not appear to be unauthorized law practice if the agent gave no legal advice or…
Could someone serve on both Oconee County’s arts commission and disabilities board?
Yes. The Attorney General said in 2009 that disabilities-board membership was a public office but the arts-commission seat was not, so holding both positions did not violate the constitutional…
Did Jasper County need an ordinance to grant a utility easement on county land?
Yes. In 2009 the Attorney General concluded that granting a utility easement over county-owned land was a legislative transfer of a property interest requiring an ordinance, even if the county…
Could Blackville’s mayor also serve as the town’s paid operations manager?
The Attorney General said in 2009 that the operations-manager job was employment, not a second public office, so the constitutional dual-office ban did not apply. The office nevertheless advised…
Could South Carolina public libraries use the school-property trespass law to exclude patrons?
No. The Attorney General said in 2009 that the special school-property trespass rule did not extend to public libraries. The opinion identified library-board regulations, county ordinances, and some…
Could South Carolina’s governor remove Employment Security Commissioners for failing statutory duties?
Yes, if a statutory ground such as misfeasance was found. The Attorney General said in 2009 that commissioners and the executive director were state officers subject to the governor’s for-cause…
Could Williamston Rescue Squad collect unpaid bills through South Carolina’s tax-refund setoff program?
No. The Attorney General said in 2009 that Williamston Rescue Squad’s contract made it an independent contractor, not a governmental or quasi-governmental claimant agency for the tax-refund setoff program.
Could a Denmark Technical College trustee also join Allendale County’s aeronautics commission?
No. The Attorney General concluded in 2009 that both the Denmark Technical College board seat and the Allendale County Aeronautics and Development Commission seat were public offices, so one person…
Did South Carolina First Steps have to verify an adult applicant’s immigration status for a child’s benefit?
The Attorney General said in 2009 that the verification rule turned on the applicant’s age, not the child beneficiary’s age. The office advised First Steps to comply because a court might classify…
Could South Carolina’s governor remove the SLED chief or public safety director without cause?
No. The Attorney General said in 2009 that the SLED chief and Department of Public Safety director were subject to the for-cause removal grounds in Section 1-3-240(C), even though their agencies…
Could the DMV license a technical college truck-driving school that relied on its subcontractor’s trucks and instructors?
The Attorney General believed the DMV rule required a school seeking a truck-driver-training license to have a commercial vehicle registered or leased in its name and employ a licensed instructor.…
When did resisting a South Carolina arrest become the more serious officer-assault offense?
In ten assumed-lawful arrest scenarios, the Attorney General distinguished resistance without assault from conduct that assaulted, beat, or wounded an officer. It placed the nonassaultive scenarios…
Could a South Carolina sheriff or state trooper take command of a city police investigation inside city limits?
The Attorney General said agencies with overlapping jurisdiction could investigate the same incident, but identified no general legal hierarchy letting one command another’s investigative methods.…
Was Marlboro County’s bid-protest process invalid because its administrator also recommended awards?
The Attorney General did not find the ordinance invalid in 2009. It said the administrator’s dual role alone did not prove bias, and only a court could invalidate the ordinance after the facts of a…
Which county investigated a death on Lake Greenwood when the lake crossed county lines?
The Attorney General said in 2009 that county ownership of Lake Greenwood did not move sheriff jurisdiction across county lines. The sheriff for the county where the incident occurred had authority,…
When could the apparent winner of a contested Horry County school board election take office?
The Attorney General said the apparent winner could not take office until state-level election certification was complete. Under the school trustee statute, the term began one week after that…
Could a Greenville Tech campus officer appointed as a state constable cite county ordinance violations?
Yes. The Attorney General said in 2009 that the campus officer’s state-constable authority to enforce criminal laws included properly adopted county ordinances.
Could a South Carolina development agreement make future landowners pay special school-construction taxes?
The Attorney General said a developer could agree to build a public school in a development agreement, but the Development Agreement Act neither required that promise nor authorized a special tax…
Could South Carolina’s Division on Aging create and fund a nonprofit to certify senior-safe businesses?
Yes, conditionally. The Attorney General said in 2009 that the Division on Aging had implied authority to create a nonprofit serving its statutory purpose and express authority to award grants and…
How could Darlington County forfeit seized gambling money, and could a consent order return part of it?
The Attorney General said in 2009 that gambling money was forfeitable if it was integral to or the fruit of gambling, a fact for a court to decide. It advised using the cited forfeiture procedures,…
Could a South Carolina sheriff limit public access to incident reports to weekday office hours?
The South Carolina AG concluded in 2008 that a sheriff's office had to provide reasonable access to incident reports at night, on weekends, and on holidays. It did not decide that the office had to…
Did federal funding make a South Carolina town serve water or sewer customers outside its limits?
The South Carolina AG found no state-law duty to serve nonresidents merely because a municipality received federal water or sewer funds. A particular federal grant might carry service requirements,…
Could someone serve on a South Carolina county drug commission and two foster-care review boards at once?
The South Carolina AG concluded in 2008 that the Cherokee County alcohol and drug abuse commission seat was an office, but the two foster-care review board seats were advisory and were not offices…
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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.