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.
Did a forestry officer’s appointment automatically bar his spouse from operating a bail-bond business?
The AG said marriage alone did not conclusively establish the officer’s prohibited financial interest or involvement in the spouse’s bail-bond business. Whether the particular arrangement violated…
Could a Calhoun Falls city employee run for county council and keep the city job?
The AG saw no dual-office bar to a city employee running for and serving on Abbeville County Council. Whether service alongside the job created a supervisory conflict depended on facts the AG could…
Could South Carolina’s governor, designee, and appointee vote on MUSC’s board of trustees?
The AG said the governor or designee and the governor’s appointed board member could vote. The statute made the governor or designee an ex officio member but did not make that seat nonvoting.
Could South Carolina DHEC set development conditions for bridges to coastal marsh islands?
The AG said DHEC had authority to adopt the proposed bridge-permit regulations, including conditions on development outside a critical area when that development adversely affected the area. It said…
Could South Carolina make a workers’ compensation bill take effect only if its insurance department found cost savings?
The AG said a cost-savings condition alone could be lawful, but predicted that H.4427’s section 12 improperly gave the Department of Insurance the final decision on whether the bill would take…
Did a St. Andrews district board member lose the seat after moving outside the district?
The AG said board members had to remain district residents. If a member no longer resided there, the office was automatically vacated, although the person could serve as a de facto officer until a…
Could Mount Pleasant add a ten-dollar administrative fee to municipal-court convictions?
The AG considered the ordinance constitutionally questionable because South Carolina’s unified court system required uniformity in court costs. It did not declare the fee invalid; only a court could…
Must a South Carolina register of deeds proofread documents before recording them?
The AG said the recording officer had to check statutory prerequisites, but had no duty to proofread a filer’s document. If those prerequisites were met, the officer generally had to record the…
Could a South Carolina bail bondsman also serve as a part-time deputy coroner?
The AG concluded that a deputy coroner was barred from the bail-bond activities listed in Section 38-53-190. A job description limiting actual duties did not change the deputy’s statutory authority…
Could a South Carolina water and sewer district hire its executive director as an independent contractor?
The AG said Georgetown County Water and Sewer District’s enabling act appeared to permit an independent-contractor executive director acting as its agent or under a contract carrying on district…
Which South Carolina coroner investigates when a homicide victim's body is dumped in another county?
The AG said the coroner in the county where the body was found had jurisdiction to investigate and hold an inquest, even when the homicide and death occurred elsewhere. Showing the body to friends…
Which filing deadlines applied to Aiken County school board petition and write-in candidates?
The AG thought Aiken County's local election law controlled: petitions were due by 3 p.m. 60 days before the general election, and write-in notices three days before it. The opinion acknowledged…
Who was responsible for the legal bill from a Barnwell school board election protest?
The AG concluded that the Barnwell County Election Commission, which conducted the election, was responsible for the protest's legal expenses, not the school district. It cautioned that the…
Which South Carolina rule set the seven-year period for advancing a teacher's credential?
The AG said Regulation 43-53 controlled the bachelor-plus-18-hours credential: the seven years ran from when coursework began. Regulation 43-53.2 instead measured from a request, but the AG viewed…
Could a South Carolina county veterans affairs officer also serve on county council?
The AG said South Carolina's statutory dual-office exception meant a Fairfield County veterans affairs officer could serve on that county's council. It separately advised the officer to seek State…
Could Clemson require a license to sell a photograph of Tillman Hall?
The AG found no South Carolina-law basis for the alleged fee. It said architectural copyright would not stop photographs of a building visible from a public place, but a separate copyright in an…
Did a South Carolina traffic-ticket defendant have to report for fingerprints and a booking photo?
The AG said fingerprinting and a photograph arose only when the officer made a lawful custodial arrest; a ticket without custody did not require the defendant to return for booking. It also said a…
Could a South Carolina municipal judge compel a visiting out-of-county witness to appear?
The AG said the cited subpoena statute covered witnesses who resided in the judge's county. It therefore did not authorize a rule to show cause or bench warrant when a visiting witness who lived in…
Could Tega Cay move its city election and let current council members serve longer?
The AG said Tega Cay could change its election date by ordinance even though incumbents would serve longer until successors were elected and qualified. It required a reasonable public purpose and,…
Could a South Carolina school board issue bonds for both school construction and old bond debt?
The AG said a school district could issue general-obligation bonds with proceeds used partly for capital improvements and partly to refund previously issued bonds. It did not certify Marlboro…
Could a paid South Carolina charter school employee sit on that school's governing board?
The AG concluded that the Charter Schools Act did not bar an employee from serving on the school's governing board. Although it thought the common-law master-servant conflict rule might otherwise…
Could a South Carolina court admit a DVD copy after an undercover camera's original file was erased?
The AG said a DVD duplicate could be admitted even after the original digital recording was erased, if the evidence rules' conditions were met. A genuine question about authenticity or unfairness…
Could Folly Beach voters enact a 50-foot building height limit by initiative and referendum by placing it in the fire code?
The AG predicted that a court would treat the proposed 50-foot height limit as a zoning ordinance despite its fire-prevention label. Under I'on, voters could not enact zoning by initiative and…
Would proposed Berkeley and Charleston County school millage rollbacks conflict with South Carolina's minimum local school funding requirement?
Yes. The AG concluded that the proposed rollback legislation conflicted with Section 59-21-1030's mandatory minimum local funding effort for schools. The opinion's opening and conclusion give…
Did South Carolina's constitutional lottery restriction apply to teachers, private lawyers, or National Guard members in 2006?
The AG said teachers and private attorneys generally were not public officers and thus were outside the constitutional lottery restriction. It called application to National Guard members…
Could Berkeley County's legislative delegation constitutionally approve future school bond issues under Act 229 of 1983?
The AG concluded that section 3 of Act 229 of 1983 likely violated separation of powers by giving the Berkeley County legislative delegation authority to approve future school bonds. Only a court…
Could South Carolina municipalities fund the Municipal Association's lobbying against James Island incorporation?
The AG said MASC received public funds but remained a private organization. Municipalities had implied authority to fund legislative activity serving public and municipal corporate purposes; whether…
Would Greenwood County volunteer fire departments lose tax-exempt status by collecting insurance reimbursements through a third party?
On the facts supplied, the AG saw no indication that collecting fire-response cost reimbursements from insurers, directly or through a third party, would affect the departments' tax-exempt status.…
Could Beaufort County Republican Party regional directors and area managers vote on its county executive committee?
The AG said party rules conflicted with Section 7-9-60 if they gave votes to regional directors, area managers, or officers who did not otherwise qualify as committee members. The validity of past…
Could a South Carolina drycleaning facility leave the restoration trust fund after the 1995 election deadline?
The AG maintained that a drycleaning facility could elect out of the restoration trust fund only by the October 1, 1995 deadline stated in the governing provisions. It said the 2004 amendment…
Could a child living with a noncustodial parent attend public school in that parent's South Carolina district?
Yes. The AG read Section 59-63-30 to allow a child living with either parent to attend public school in that parent's district, even if that parent did not have legal custody.
Could South Carolina's Firefighter Mobilization Oversight Committee own equipment and hire support staff?
The AG concluded that the committee lacked authority to own mobilization equipment. It could appoint and remove state and regional coordinators under the Act, but could not hire or fire other state…
Could the Georgetown County election board amend its bylaws and elect officers without permission from the legislative delegation?
The AG said the Georgetown County Board of Elections and Registrations' existing bylaws remained valid until changed. The board had implied power to amend or adopt bylaws and elect officers other…
Could a South Carolina town spanning three counties combine their accommodations taxes to qualify for more hospitality tax uses?
No. The AG said the town could not add the three counties' state accommodations tax receipts to meet the statutory threshold. One county collecting at least $900,000 annually would suffice, and…
Did dismembering a body a month after murder satisfy South Carolina's death penalty aggravator for murder during dismemberment?
No, on the facts presented. The AG said dismemberment a month after a murder, at a different place and outside a continuous series of acts, did not satisfy the statutory aggravator requiring murder…
Would Dutch Fork High School's paid closest-to-the-pin golf contest violate South Carolina gambling law?
The AG predicted a court would find the described closest-to-the-pin fundraising contest lawful because success depended primarily on golf skill. It distinguished the contest from a hole-in-one game…
Could a South Carolina county impose civil speeding fines using video radar and mail citations to vehicle owners?
The AG said the proposed county civil speeding ordinance conflicted with state speeding law and was not authorized. It also found no state law authorizing certified-mail citations to registered…
Did a South Carolina beer wholesaler's agreement bind a new importer after a foreign brewer or brand changed hands?
The AG read Section 61-4-1115 to bind later importers of the same foreign beer brand to the original importer's agreement with a South Carolina wholesaler, even if the brewer changed through…
Could a South Carolina constable serve claim-and-delivery papers by posting them on a defendant's home?
No. For the preseizure-hearing procedure addressed, the AG read Section 22-3-1410 to require delivery to the defendant, a qualifying agent, or a suitable person at the defendant's business or home.…
When could a South Carolina student transfer to an adjacent county or adjoining school district?
For a closer school in an adjacent county, the AG said the home district had to apply for transfer, but the receiving district could refuse. Other 'better accommodated' transfers were discretionary…
Was a South Carolina school bus supervisor legally required to report suspected child sexual abuse under the 2006 statute?
The AG said a school bus supervisor was not listed among mandatory reporters in Section 20-7-510 and therefore had no duty under that statute to report suspected child sexual abuse. The opinion said…
Could South Carolina use water recreation funds to dredge privately operated Saluda Lake?
The AG did not decide whether the proposed Saluda Lake dredging or marina lease qualified. It said DNR had statutory discretion over Water Recreational Resources Fund projects, while public access…
Could a South Carolina juvenile justice deputy director also serve as a part-time magistrate?
The AG found no constitutional dual-office violation because the deputy director position appeared to be employment rather than a public office. It nevertheless advised against also serving as a…
Could physicians at federally funded South Carolina health centers dispense prescription drugs to patients?
The AG said health-center physicians could possess and administer drugs and could dispense them under several statutory exceptions, depending on ownership, complimentary trial status, or free care…
Could a South Carolina agency director spend money appropriated for employee cost-of-living adjustments on another purpose?
No. Assuming the appropriation specifically designated cost-of-living adjustments and no statute authorized a transfer, the AG said an agency director had no discretion to spend the funds for…
Could Colleton County create an Edisto Beach special tax district simply to lower residents' general county taxes?
The AG said a special tax district could not be created simply to lower general county taxes without identifying district services. A sufficient petition required an election, but county council…
Could South Carolina's State Board of Education restore older biology standards after the Education Oversight Committee approved revised standards with exceptions?
The AG concluded that the Education Oversight Committee had approved the revised biology standards except for four indicators. The State Board therefore could not unilaterally reinstate the 2000…
Did South Carolina's AED statute give civil-liability immunity to people who trained AED users?
The AG said the AED statute did not specifically or implicitly immunize trainers. A trainer could receive immunity only if the person also fit another protected category; the Good Samaritan…
Could a South Carolina regional housing authority commissioner also serve on a county council?
No. The AG concluded that both a regional housing authority commissioner and a county council member held public offices, so serving in both positions at once violated South Carolina's…
Could an appointed committee approve Berkeley County school tax increases under South Carolina's constitution?
The AG predicted that proposed legislation giving an appointed tax review committee final approval over Berkeley County school millage increases would violate Article X, Section 5. It stressed that…
Could the City of Union create a nonprofit foundation and fund it with proceeds from insurance on a city building?
The AG said Union could create a nonprofit foundation under its implied municipal powers. Insurance proceeds remained public funds, so transferring them depended on a factual finding that the…
Did South Carolina's Commission for the Blind have priority over vending machines at the Department of Corrections?
The AG read coin-operated machines as possible vending facilities under the blind-vendor statute, including on Corrections property. It identified ambiguity about whether a blind operator had to be…
Could projects already underway or council members' property receive Easley tax increment financing funds?
The AG said a project's start or occupancy date alone did not determine TIF eligibility; the adopted redevelopment plan and area did. TIF proceeds had to fund authorized project costs, and council…
Could Myrtle Beach create an affordable housing trust fund and pay for it with local taxes or fees?
The Attorney General concluded that Myrtle Beach could establish a local affordable housing trust fund under its municipal powers. Each of the three proposed ways to dedicate tax or fee revenue to…
Did appointing South Carolina board members by judicial circuit violate one person, one vote?
The Attorney General said appointed board seats generally were outside the one person, one vote rule, but judicial circuit appointments raised legal questions under other cases. The opinion did not…
Could an ATV be driven on a South Carolina public highway under the rules reviewed in 2006?
The Attorney General said the highway rules for motor vehicles applied to ATVs, including driver licensing, required equipment, and vehicle registration. The opinion reported that state officials…
Could a railroad sell alcohol to passengers on a train in South Carolina under the law reviewed in 2005?
The Attorney General said South Carolina law permitted alcohol sales on trains consistent with the two statutes he cited. One exempted railroad dining and club cars from a public drinking offense;…
Did South Carolina have a state law specifically banning firearm discharge in subdivisions in 2005?
The Attorney General knew of no South Carolina statute specifically prohibiting weapons from being fired in a subdivision. He identified other firearm offenses that could apply and said subdivision…
Which South Carolina county office did the AG say should file family court records and property liens in 2005?
For the York County questions presented, the AG generally placed family court records with the clerk and property-related liens and notices with the register of deeds. He pointed to specific…
Could one person serve as Allendale County social services director and on its school board in 2005?
No. The Attorney General concluded in 2005 that both the county social services director and a school board member held public offices for South Carolina's dual office rule, so one person could not…
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.