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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May Jasper County use Home Rule ordinances to control and appoint the Jasper County Aeronautics Commission?
Jasper County may establish, regulate, modify, and appoint a county board or commission under the Home Rule statutes, and its ordinances are presumed valid until a court rules otherwise. The AG…
May a South Carolina county use fire-service taxes or fees to pay a coordinator who administers contracts and works with contracted fire departments?
Likely yes. The Attorney General said a court would probably hold that S.C. Code § 4-21-10 permits a county to use part of its fire-protection taxes or fees for a county employee who administers…
May South Carolina economic-development authorities and their nonprofit affiliates invest in private or public equity securities?
The AG concluded JEDA is a state agency barred from owning equity. InvestSC and PSGF likely are not state agencies, subject to a court's factual decision, and VCA may direct InvestSC under its…
May a South Carolina charter school pay employees a flat per diem for work travel and meals instead of reimbursing actual expenses?
The AG advised against a flat per diem. To avoid potential constitutional and ethics violations, a charter school should reimburse actual employment-related lodging and meal expenses rather than pay…
Is a stolen golf cart a vehicle under South Carolina's receiving-stolen-vehicles law, and should theft be charged as larceny?
A golf cart is a vehicle for section 16-21-80. The AG did not select a charge for any case; larceny, possession of a stolen vehicle, or another offense depends on the facts and remains for officers,…
Who controls attendance lines, transfers, and discipline at a Charleston County high school shared by two constituent districts?
The Charleston County School District controls attendance lines, student transfers, and discipline for a school whose attendance zone spans two constituent districts. The AG concluded the special…
May one person serve on both the Richland County Conservation Commission and the Richland Soil and Water Conservation District?
Serving on both bodies would not violate the constitutional dual-office ban because the county commission position was advisory and did not exercise sovereign power. The AG nevertheless found a…
Did South Carolina's real estate licensing law require corporate short-term-rental platforms to hold a license?
No, under the law as the AG read it in 2023. Chapter 57 required licenses from natural persons acting as brokers, salespersons, or property managers, but not from corporations themselves. Whether a…
Can Columbia's Planning Commission change a special exception approved by its Board of Zoning Appeals?
The AG concluded that Columbia's Planning Commission decides major site plans but has no authority over a special exception permit granted by the Board of Zoning Appeals. The board decides whether…
Can a South Carolina county exempt farms from its business registration fee?
Only if another law exempts those agricultural businesses from the county business license tax. The AG found no farm exemption in the license-tax statute itself and did not identify a separate law…
Can an out-of-state student live at a South Carolina public residential high school during the school year and qualify as a district resident?
Living near the school only for the school year does not by itself establish district residency. The Attorney General said each student's actual intent must be assessed; a student who is merely…
Who appoints members of South Carolina's Mitford Rural Water District board, and can the board fill its own vacancies?
The Attorney General said a court would likely hold that the Governor appoints members after a majority of residents attending a properly noticed meeting recommends them. Vacancies follow the same…
Would a South Carolina bill requiring people to stay 12 feet from police while recording them be constitutional?
The South Carolina AG did not decide whether either version of the proposed distance rule was constitutional. The opinion said a challenge would likely argue that singling out recordings of police…
Who would call a special election after a Charleston County school board trustee resigned in 2022?
The Attorney General expected a court to treat the trustee's letter as a resignation, fill the vacancy by special election, and have the Governor call that election. It stressed that recent changes…
Could Darlington's city manager also serve on South Carolina's Public Charter School District board?
The Attorney General concluded that Darlington's city manager could also serve on the Public Charter School District board without violating South Carolina's dual office prohibition. The manager was…
If only Rock Hill earned one seat by population, who selected the other municipal members of a county sales tax commission?
The Attorney General concluded that when Rock Hill was the only municipality entitled to appoint a member under the population formula, its appointee could select the remaining two municipal…
Could South Carolina cities share business license tax application data with other officials or outside requesters?
The Attorney General expected a court to permit sharing business license tax data among public officials performing their duties and publishing statistics that do not identify taxpayers. It said…
Could Gaston police officers work off duty for a private salvage lot without holding a second public office?
The Attorney General said the described private salvage lot work did not give Gaston officers a second public office, so it did not violate the dual office rule. It discussed state rules for…
Could a subpoena for an insurer that was not a party be served through South Carolina's insurance director?
The Attorney General thought South Carolina's insurer service statutes were broad enough to include subpoenas as legal process. It left unresolved whether they authorized serving a subpoena through…
Could a company managed by a Lyman town council member buy town property after the member recused?
The Attorney General found a potential conflict because the council member managed the company seeking to buy town property. It said the member should disclose the interest in writing and take no…
What happens if an elected South Carolina school board member takes the oath before filing an economic interests statement?
The Attorney General said an elected school board member must file the economic interests statement before taking the oath. A late filing could expose the member to penalties or a court challenge to…
Could Beaufort County automatically give council members the same annual cost of living raise as county employees?
The Attorney General said Beaufort County's proposed automatic link between employee cost of living raises and council pay may conflict with state law. Council pay changes needed a clearly indicated…
Did a nonprofit's sponsorship allow a prayer over the loudspeaker before a public high school football game?
The Attorney General said Supreme Court rulings against school-sponsored prayer before public high school football games remained in force in 2022, even after a separate ruling protecting a coach's…
Could Lexington County's auditor set school bond tax rates for bonds a district had not yet issued?
The Attorney General said the county auditor had to calculate and levy the tax needed for issued school bonds and a sufficient sinking fund; the millage calculation did not include future bonds. The…
Could South Carolina allocate a technical college less need-based grant funding than the older enrollment formula provided?
The Attorney General expected a court to treat the older enrollment-based allocation as an exception when a college would receive less under the Pell-recipient formula. It warned that a literal…
Can a South Carolina real estate agent use “value” in a market analysis without an appraiser license?
Yes, the word “value” alone did not require an appraiser license. A licensed agent’s market analysis or price opinion had to meet the statutory exemption, and the AG declined to decide whether a…
Does public vote counting in South Carolina require releasing cast vote records?
No. The Attorney General said the constitution required the public to be able to observe vote counting, but did not require public access to cast vote records or ballot images. It also reaffirmed…
Can the public obtain South Carolina cast vote records and ballot images under FOIA?
The Attorney General said South Carolina FOIA did not require the state to produce voted ballots, their images, or cast vote records where disclosure could reveal voters’ choices. Public counting…
Can a South Carolina real estate broker release disputed earnest money after three years?
No. The Attorney General said a three-year limitations period did not authorize a broker to decide who receives disputed earnest money. The 2022 trust-account statute required the broker to hold it…
Must the mayor preside over council meetings in a South Carolina council-form town?
No. For a municipality using the council form of government, the Attorney General said council could choose another member to preside through appropriate parliamentary procedure. The opinion…
Can a South Carolina school require staff to sit in on DSS interviews of students?
The Attorney General said a school district could set parameters for when and where DSS used school property to interview a child. It found no authority allowing the school to require a principal,…
Could a South Carolina concealed-weapon permit holder carry a pistol outdoors in a state park in 2022?
The Attorney General predicted a court would permit a valid concealed-weapon permit holder to carry a concealable weapon outdoors in a South Carolina state park under the law then in force. The…
Who chooses land for preservation under South Carolina’s County Green Space Sales Tax Act?
The county governing body chose the property and type of interest to acquire under the 2022 Act. The advisory committee assisted with transparent tax distribution, the Department of Revenue…
Could the Town of Sellers mayor ignore dual-office limits or appoint relatives and nonresidents?
No mayor could override South Carolina’s dual-office rules. The Attorney General referred the family-appointment ethics issue to the State Ethics Commission and said residency depended on the…
How were South Carolina county coroners required to use child-fatality funding in 2022?
The Attorney General said the 2022 appropriation had to supplement existing funding to bring a duly elected coroner’s annual pay to at least $35,000. Only after meeting that floor could remaining…
Could Charleston County post a permanent ban on carrying firearms in county parks?
The Attorney General said South Carolina generally preempted local firearm rules in parks. A county could temporarily restrict otherwise lawful open carry on public property only when the statutory…
Could a South Carolina county set business license tax rates based on where a business is domiciled?
Possibly. The Attorney General said the county tax statute neither expressly allowed nor barred a domicile-based rate classification. A court could uphold one if it had a rational basis, reasonably…
Can a South Carolina school district expand a construction contract without a new competitive bid?
Usually no under a school district code that mirrored the state rule: change orders could not alter the project’s general scope or exceed its approved budget. The opinion identified a limited…
Could a South Carolina town council member also serve as the town fire chief?
The Attorney General said the constitutional dual-office ban did not bar a council member from serving as chief of a volunteer fire department. But a separate statute barred a council member from…
Did the South Carolina AG decide whether Horry County’s child-oriented-business ordinance was constitutional?
No. After the Legislature enacted a state law with similar restrictions on certain sex offenders working in child-oriented businesses, the Attorney General recommended following that law. It treated…
Did a privately sponsored South Carolina charter school have to follow public-fund investment limits?
Yes. The Attorney General predicted that charter schools were political subdivisions for public-fund investment limits even when sponsored by an independent college and organized as nonprofits. The…
Could a joint bank account holder face theft charges for taking money from the account?
Yes, potentially. The Attorney General said permission from a bank to withdraw joint-account money did not establish ownership. A joint holder who knowingly took funds they did not own could face…
Was a no-purchase real estate giveaway lawful under South Carolina lottery law and RESPA?
The Attorney General did not approve the proposed giveaway. It explained that a lottery requires prize, chance, and consideration, which may be indirect, and said the specific contest’s facts were…
Did South Carolina’s 2022 paid parental leave law cover births or placements before October 1?
No. The Attorney General said Act 149 of 2022 operated prospectively. For an eligible state employee to receive leave under that enactment, the qualifying birth, adoption, or foster placement had to…
Could Greenville County withhold building plans submitted for permits under South Carolina FOIA?
Possibly for particular trade-secret material, depending on the document and its confidentiality. The Attorney General found no blanket exemption for signed construction plans and no rule allowing…
Could a South Carolina probate court choose an independent physician examiner in a guardianship case?
Yes. The Attorney General said the probate court could independently select a physician examiner, subject to a duty to choose a neutral and objective one. It said the examiner need not be the…
Did South Carolina’s State Board of Canvassers have to recheck a winner’s qualifications?
The Attorney General predicted that the Board of Canvassers did not have to review a winning candidate’s qualifications on its own when declaring who was duly elected. Election protests and court…
Could a South Carolina county create a new tourism nonprofit despite an eligible existing bureau?
No, under the opinion’s reading of the statute. A city or county had to determine whether an eligible existing tourism-promotion organization was available before creating a new one to manage the…
Did each South Carolina school trustee need an individual surety bond to oversee gifted property?
The Attorney General predicted that one bond covering the school board as a body could satisfy the statute before trustees took control of property given to the district. A general liability policy…
Did a South Carolina hobbyist need a recycler permit to buy small amounts of nonferrous metal?
No, if the purchase was genuinely for a hobby. The Attorney General said the recycler permit applied to a person in the business of paying for used nonferrous metals, not a hobbyist buying small…
Could Hampton County’s lone House delegation member appoint an airport commissioner?
Yes. The Attorney General predicted that the sole Hampton County House delegation member could appoint the House delegation’s additional member to the county airport commission under the statute.…
Must industrial-park fee revenue go to schools in the same share as ordinary property tax?
No. The Attorney General said fee-in-lieu revenue from a joint-county industrial park did not have to mirror normal property-tax shares. The park agreement had to specify allocations to all local…
Can South Carolina police book someone at the station and release them on their own recognizance without a magistrate?
The AG referred the police chief to SLED for specific booking questions. A judicial officer generally had to set a personal recognizance bond before release unless a specific statute provided an exception.
Who enforces South Carolina insurance claims-practice rules, and do they cover a school board insurance trust?
The Attorney General said the South Carolina Department of Insurance enforced the cited insurance penalty and claims-practice provisions. The office declined to decide whether the School Board…
Which South Carolina Senate districts governed a vacancy election before the 2024 general election?
The Attorney General said the existing Senate districts governed sitting senators and any special election to fill a Senate vacancy before the 2024 general election. The newly drawn districts began…
Could a South Carolina judge continue hearing cases after the mandatory retirement age of 72?
The Attorney General said judges in the unified judicial system had to retire at 72 under the cited retirement statute. The Chief Justice could later assign a qualified retired judge to specified…
Could one person serve on the Irmo-Chapin Recreation Commission and lead Lexington-Richland School District Five?
Yes, the Attorney General said. A recreation commissioner was likely a public officer, but the school superintendent was an employee under contract, rather than a second public officer, on the facts…
Could Beaufort County fund animal control across a county line and give its code officers a second county commission?
The Attorney General predicted that a county could spend funds under a joint-services agreement with a town extending into another county. A second code-enforcement commission in the neighboring…
Could a South Carolina candidate send a signed party-pledge filing by mail, email, or fax?
The Attorney General did not declare remote filing automatically valid. It said the statutes did not directly settle the delivery method and predicted a court might defer to the State Election…
Did a Clarendon County school trustee’s election as mayor vacate the trustee seat?
Yes, the Attorney General concluded. Both positions were public offices for South Carolina’s dual-office rule, so assuming the mayoral office vacated the previously held school trustee seat by…
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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.