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.
No South Carolina opinions match these filters
Try a different search term or clear the filters.
Could a South Carolina election commissioner use personal knowledge to decide a voter-residency protest?
The AG concluded in 2008 that a municipal election commissioner should vote only on evidence properly admitted at the protest hearing. Personal knowledge could not supply missing evidence through…
Did South Carolina's courtesy-summons rules apply when a licensed security guard signed a criminal complaint?
The AG concluded in 2008 that the cited courtesy-summons provisions did not apply to licensed security guards acting with deputy-like arrest authority on the property they protected.
Could a South Carolina restaurant extend its liquor license to a sidewalk café under a city ordinance?
The AG did not decide whether the sidewalk was part of the licensed premises. In 2008 it said the Department of Revenue had authority to decide whether the area could be licensed for alcohol service.
Who could recommend members of Greenville's technical education commission to the governor?
The AG concluded in 2008 that the Greenville County legislative delegation, rather than County Council, held authority to recommend commission members to the governor under the controlling local acts.
Could an Anderson County fire protection commissioner also serve on the county council?
The South Carolina AG concluded in 2008 that both positions counted as public offices, so one person could not hold both at once under the state constitution's dual-office prohibition.
Could Pickens County charge Six Mile residents a sewer fee without providing sewer service?
The South Carolina AG concluded in 2008 that county sewer-fee payers had to receive at least some benefit, particularly sewer service. On the facts described, it doubted the county could charge Six…
Did South Carolina's housing-trust law force an existing trust to lower its income eligibility limit?
The AG concluded in 2008 that the preexisting Lowcountry Housing Trust could keep its charter's higher income limit until it amended the charter. The opinion found no separate exemption based only…
Could a South Carolina county adopt the 2006 residential building code before the state's delayed start date?
The AG concluded in 2008 that local governments could not adopt the delayed code before state implementation, except where a coastal jurisdiction qualified for the flood-insurance exception.
Could Richland County use an ordinance summons for hauling unsecured refuse on public roads?
The AG concluded in 2008 that the county could use a uniform ordinance summons because the cited refuse rule regulated how a load was secured, not how a vehicle was operated.
Could a South Carolina sewer authority let other utilities or trail users share its easements?
The AG said in 2008 that shared use was possible, but each easement's written grant controlled. The opinion could not decide whether proposed irrigation pipes or trails added a new servitude or…
Could South Carolina Omega Psi Phi license plate revenue pay to build a children's summer camp?
The AG said in 2008 that a court might allow camp construction if plate revenue directly benefited campers, but the statute did not clearly authorize it. Paying children's camp attendance was the…
Could a South Carolina agency accept a driver's license instead of SAVE verification for public benefits?
The AG concluded in 2008 that agencies had to use SAVE to verify a covered alien applicant's lawful presence for public benefits; a South Carolina driver's license or ID was not a substitute.
Could a South Carolina school district use a federal DOT inspection instead of the state school-bus inspection?
The AG said in 2008 that a district-owned bus could use the federal annual inspection route only if its standards met or exceeded the state's. The office did not decide whether those standards…
Could an individual Richland County recreation commissioner manage district operations or demand office supplies?
The AG concluded in 2008 that the commission as a body could manage daily operations and approve necessary district-related supplies, but individual commissioners could not exercise those powers alone.
Did Anderson County's consent alone close the Lewis Drive railroad crossing?
The AG said in 2008 that the county had agreed to stop maintaining the crossing and consented to judicial abandonment. It suggested considering the statutory court procedure; the resolution itself…
Could Richland County use local hospitality-tax revenue to operate its transit system?
The AG concluded in 2008 that the county could not fund its transit system from hospitality-tax revenue. The statute listed exclusive permitted uses, and tourist access by bus did not add transit…
Did South Carolina probate fees include a decedent's out-of-state property after the probate statute changed?
The AG concluded in 2008 that out-of-state property passing by will or intestacy counted in the probate estate used to calculate fees. It expressly replaced a contrary 1981 AG opinion.
Could a South Carolina locality set a sex-offender residency buffer greater than the state's 1,000 feet?
The AG concluded in 2008 that local governments could make the residency buffer more restrictive without conflicting with state law, but they could not set inconsistent penalties. The opinion did…
Could a New Ellenton council member finish a term after a court ruled the member's home was outside city limits?
The AG concluded in 2008 that the member would forfeit the seat if the boundary order was final and no appeal changed it. The opinion also treated actions taken while holding office as acts of a de…
Did South Carolina's handgun-sales restriction prohibit police use of the Stinger S-200 device?
The AG said in 2008 that the cited statute regulated a licensed dealer's possession and sale of certain handguns, not police possession or use of the Stinger S-200. It left the device's physical…
Could Laurens County issue bonds for public parking near a private college pharmacy school?
The AG concluded in 2008 that the proposed county-owned, publicly available parking project served a public purpose and did not directly fund the private college, even though its school would…
Did South Carolina magistrates receive full pay throughout a four-to-ten-week National Guard absence?
The AG said in 2008 that magistrates qualified for paid military leave as county officers, but the cited statute generally limited it to fifteen scheduled workdays per year, with additional leave…
Could South Carolina count an absentee ballot if the voter died after returning it but before election day?
The AG concluded in 2008 that such a ballot was subject to challenge because voting occurred on election day. Poll managers did not have to investigate every voter's status, but had to challenge a…
Did South Carolina's tax-record disclosure law require conviction before mandatory dismissal from public office?
The AG concluded in 2008 that the better reading required a criminal conviction before mandatory dismissal and five-year public-office disqualification for unlawfully disclosing tax records.
Did South Carolina's annual bus-inspection rule cover district-funded activity buses and private-school vehicles?
The AG said in 2008 that publicly owned or leased district buses, including activity buses, needed annual inspection regardless of state funding. Certain privately owned student vehicles also needed…
Did South Carolina's animal-cruelty exceptions each apply independently?
The AG concluded in 2008 that each listed exception in the animal-cruelty provision stood on its own and was not modified by the other exceptions.
Could a South Carolina county open a satellite office for in-person absentee voting?
The AG concluded in 2008 that absentee ballots could be cast at properly established extension offices beyond the main registration office. Opening such an office was within the county governing…
How many emergency paper ballots did South Carolina machine-voting precincts have to keep in 2008?
The AG said the amended law set a ceiling of ten percent of registered voters, not a fixed minimum. Election officials chose the number, but had to ensure ballots remained available for qualified voters.
Was ten percent an exact emergency-ballot requirement at a South Carolina machine-voting precinct?
The AG told a state senator in 2008 that an amendment made ten percent a ceiling, not an exact required count. Election officials retained discretion but had to keep ballots available for qualified voters.
Could South Carolina's DMV ban campaign-petition drives on its branch property and enforce the policy through trespass rules?
The AG predicted in 2008 that a court would likely treat DMV buildings and adjoining parking areas as nonpublic forums and uphold a reasonable, viewpoint-neutral ban on petitioning. Only a court…
Did Jacob’s Law require Lugoff-Elgin’s former charter buses to meet school bus safety standards?
The Attorney General said in 2008 that a court could read Jacob’s Law to exempt the band’s former charter buses, if designed to carry at least 30 passengers, from federal school-bus standards. The…
Was airport-district property still tax exempt while leased to a private cabinet maker?
The Attorney General said in 2008 that a court could find the Greenville-Spartanburg Airport District’s leased property exempt because the district still owned it. The district could seek a refund…
Could Slater-Marietta Fire District raise its tax rate to a voter-approved 14-mill limit without a new vote?
Yes. The Attorney General concluded in 2008 that Slater-Marietta Fire District could raise its levy up to the 14-mill ceiling approved by voters in 2005, without another referendum or Greenville…
Could a public agency contract override the Blind Commission’s priority to operate vending facilities?
No. The Attorney General said in 2008 that if a contract between the Commission for the Blind and a public agency conflicted with the vending-facility statute, the statute would control and a court…
Could Surfside Beach ban smoking on its beach without making it a crime?
Yes, as a noncriminal rule. The Attorney General concluded in 2008 that a town could prohibit beach smoking by ordinance, but making the violation a crime would conflict with the state criminal-law…
Could someone enter South Carolina pretrial intervention without first being arrested?
No. The Attorney General concluded that an individual could be admitted to South Carolina’s pretrial intervention program only after an arrest.
Could South Carolina voters wear campaign shirts or pins inside a polling place?
The Attorney General said in 2008 that campaign shirts, hats, pins, and similar materials should not be displayed or worn in absentee precincts or other polling places. The office agreed with poll…
Could a South Carolina tax increment district ignore parcels whose assessed value fell below the original value?
No. The Attorney General concluded that decreases in individual parcel values had to be reflected in the districtwide total used to calculate a municipality’s tax increment revenue. The county and…
When could a South Carolina coroner record the death of a brain-dead patient kept on life support?
The Attorney General concluded that, in appropriate circumstances, a coroner could exercise jurisdiction at the time of brain death and use that time on appropriate paperwork, even when life support…
Did a South Carolina school resource officer’s misdemeanor arrest rule apply to students under 17?
No. Under the law analyzed in 2008, the Attorney General said the school resource officer amendment applied only to students 17 or older because taking a child under 17 into custody was not an arrest.
Could South Carolina police send seized drug property directly to federal forfeiture authorities?
The Attorney General concluded that police could not bypass South Carolina’s mandatory drug forfeiture procedure by immediately referring seized property to federal authorities. Decisions to refer…
Did South Carolina appellate, circuit, and family court judges need individual surety bonds?
The Attorney General found no statute requiring individual bonds for Supreme Court justices or Court of Appeals, circuit, or family court judges. It said the Judicial Department could obtain a…
Could a South Carolina state school bus carry private school students on its public school route?
No. The Attorney General concluded that Colleton County could not transport private school students on a state-owned bus alongside public school students traveling from Edisto Beach to Walterboro.
Could Jasper County ban pants worn more than three inches below the hips, including for minors?
The Attorney General said the proposed ordinance could be upheld under county police powers and could impose the described duties on parents or guardians. It said violations involving minors…
Did Sun City need the latest federal census to prove its population for South Carolina’s five-mile incorporation exception?
No. The Attorney General concluded that the population threshold for the five-mile incorporation exception was not limited to the latest federal census. It did not decide whether Sun City’s…
Could a South Carolina prosecutor make forfeiture of seized drug property part of a plea agreement?
Yes, the Attorney General concluded that a solicitor could seek or accept a defendant’s voluntary consent to forfeit seized drug-related property as part of a plea agreement. The forfeiture still…
How many service attempts were required before posting a South Carolina rule to vacate on an occupied home?
The Attorney General concluded that when the premises were not abandoned, the person serving a rule to vacate had to make two unsuccessful attempts under the ordinary service method before using the…
Could a South Carolina physician practice acupuncture without an acupuncture license under the 2008 act?
The Attorney General concluded that a physician needed an acupuncture license under the 2008 act unless the physician qualified for a statutory exception. Medical licensure and prior acupuncture…
When did a South Carolina sheriff candidate need the required years of certified law enforcement experience?
The Attorney General concluded that a sheriff candidate had to possess the required years of certified law enforcement experience when filing for election. The candidate could not use the period…
Could Florence County move its criminal court to Effingham without a countywide vote?
The Attorney General concluded that moving criminal court proceedings from Florence to Effingham would likely amount to a substantial courthouse relocation. Under the law it analyzed, that required…
Could South Carolina districts carry unused Public Choice Innovation Schools grants into 2008–09?
No. The Attorney General concluded that school districts receiving Public Choice Innovation Schools grants in 2007–08 could not carry unspent appropriations into 2008–09 after the legislature…
Could South Carolina’s Employment Security Commission donate public funds to a charity?
No. The Attorney General concluded that the Employment Security Commission had neither express nor implied statutory authority to make a charitable donation.
Could a retiring South Carolina university police officer keep the issued service weapon?
The Attorney General concluded that an officer associated with Lander University was a state law enforcement officer under the 2008 retirement statute. The officer, rather than the agency, chose…
Did South Carolina’s 2008 animal cruelty statute exempt ordinary livestock and farm practices?
Yes. The Attorney General concluded that the statute’s listed agricultural and accepted animal-husbandry practices were outside its penalties, and that livestock rearing and ranching fell within…
Could South Carolina pause construction-debris landfill permits while revising the regulations?
The Attorney General concluded that DHEC lacked authority to impose the proposed permit moratorium. New construction and debris landfills seeking construction permits had to demonstrate need; later…
Could Bamberg enforce its open-container ordinance in an unposted private parking lot open to the public?
Yes. The Attorney General concluded that signs required to extend traffic-offense jurisdiction over a public-use parking lot were not a prerequisite for enforcing Bamberg’s open-container ordinance there.
Could a South Carolina city use nonresident water maintenance fees for unrelated city expenses?
The Attorney General distinguished line-extension assessments, which had to be used for the stated extension purpose, from ongoing service fees for nonresidents. It found no general state-law…
Could Belvedere Fire District add commissioners to its three-member board without changing state law?
Assuming Belvedere Fire District was formed under the statutory scheme the AG identified, its board had three commissioners and could be expanded only by amending the statute.
Did a business employee’s warrant for misdemeanor shoplifting or a bad check require a courtesy summons?
Yes. The Attorney General concluded that a courtesy summons applied to misdemeanor shoplifting and bad-check cases when a nonlaw-enforcement employee or owner signed the warrant, even if acting for…
Could a South Carolina public committee vote by signed ballot and count an absent member’s proxy?
The Attorney General concluded that the committee could use signed written ballots, but members’ votes became public records after submission and tabulation. It found no authority for an absent…
Browse South Carolina opinions by topic
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.