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 county legislative delegation supervise its election board or hire its staff?
The AG said the delegation could recommend election-board appointees but had no additional authority to direct board operations, remove members, or oversee hiring. Those roles were assigned…
Could Richland County charge for autopsy reports under its own ordinance?
The AG concluded that the state medical-record copy-fee statute did not govern reports held by a coroner, so it did not preempt Richland County’s autopsy-copy fee ordinance. Only a court could…
Could parties use a South Carolina criminal subpoena to inspect a third party’s documents before trial?
The AG said the criminal rule authorized document production at a specified scheduled hearing or trial, not a separate pretrial inspection. Whether a particular appearance counted as a court…
Who paid to maintain Winnsboro’s public-access channel character generator?
The AG could not assign the cost without knowing the equipment’s function. Under the statute it analyzed, the cable certificate holder handled transmission and connectivity, while the town handled…
Could a pawnbroker sue a sheriff’s office after police seized a stolen firearm?
The AG said the statutes did not categorically exempt a sheriff’s office from a claim-and-delivery action, but the proper defendant in a specific case was for a court. It described pawnbroker rights…
Were South Carolina county veterans’ affairs officers state employees after the 2019 amendments?
The AG said yes, overruling prior opinions that classified them as county officers. Although the statute called them at-will employees, it also specified removal for cause, so the office recommended…
How did South Carolina summary courts handle conditional discharges and expungement for marijuana possession or disorderly conduct?
The AG said summary courts could suspend sentence imposition under the conditional-discharge provisions without gaining general probation power. It distinguished solicitor and circuit-court…
Could Myrtle Beach impose its own COVID-19 lodging restrictions alongside the governor’s order?
The AG reiterated that local governments could not exercise emergency powers reserved to the governor, but it did not decide the validity of the city manager’s particular lodging order. It said a…
Could Lancaster County use public funds for local business grants during COVID-19?
The AG said a program primarily protecting jobs and county economic welfare might satisfy the constitutional public-purpose requirement, but the county had to make its initial determination. The…
Could a South Carolina legislative delegation fill a technical college commission vacancy without a public meeting during the COVID-19 pandemic?
The AG concluded in 2020 that the governor had to appoint a replacement on the recommendation of the appropriate county delegation, acting collectively with a quorum. The delegation could meet…
Could South Carolina use its Housing Trust Fund for temporary rent assistance during the COVID-19 pandemic?
The AG said the Housing Trust Fund Act did not expressly authorize rent assistance, but a court might find a temporary program served its affordable-housing purpose. The office could not decide the…
Could South Carolina's High School League make students transferring to charter or private schools ineligible for athletics for a year?
In 2020, the AG said a court might find that the League's transfer bylaws, as then interpreted, unlawfully burdened charter and private school students. The opinion identified possible conflicts…
Did South Carolina coroners have to release the names of people who died of COVID-19 during the 2020 public health emergency?
The AG said a court might require disclosure of death certificates under established public records precedent, or might limit disclosure of identifying health information under the emergency…
Could a South Carolina school board let its chair and superintendent suspend board policies during the COVID-19 emergency?
The AG found no apparent conflict on the face of Beaufort County's proposed emergency resolution, but warned that allowing the chair and superintendent to suspend policies could violate limits on…
Could Beaufort require a Historic District Review Board member to belong to a private preservation foundation?
The AG concluded that the foundation could recommend candidates because its mission related to the review board's work, but requiring a nominee to belong to the foundation could unlawfully delegate…
Could South Carolina's governor declare a new COVID-19 emergency after the fifteen-day limit without legislative consent?
The AG concluded in 2020 that a single emergency declaration could not continue beyond fifteen days without legislative consent, but the governor could issue a new declaration based on new facts,…
Did South Carolina's Heritage Act protect the Cooper River Memorial Library from renovation?
The AG said a court likely would treat the World War II memorial library as covered by the Heritage Act. Whether Charleston County's proposed renovation and addition preserved the memorial or…
Were a rural telephone cooperative's vehicles exempt from South Carolina town property tax?
The AG concluded in 2020 that the rural telephone cooperative exemption did not extend to city or town property tax on vehicles. It could not determine whether the company in question qualified as a…
Could South Carolina cities ban carrying knives that state criminal law allowed?
The AG concluded that a court would likely invalidate the Greenville, Columbia and Charleston knife ordinances discussed because they criminalized possession that state law permitted. The office…
Did South Carolina open meetings rules cover Department on Aging meetings with regional aging agencies?
The AG said a court would likely treat a quorum of regional area agencies discussing Older Americans Act matters with the Department on Aging as a public meeting. The department would therefore have…
Could an Allendale county tax mapper serve on city council, and could unrelated housemates both run?
The AG concluded that the described mapper and clerk job was employment rather than a public office, so serving on Allendale City Council would not violate the dual office holding rule. It could not…
Could South Carolina counties use the governor’s extraordinary emergency powers during COVID-19?
The AG concluded that the extraordinary emergency powers delegated to the governor were his alone; counties and cities retained ordinary home rule powers. It said an ordinance remained enforceable…
How did South Carolina’s AG say police should enforce emergency gathering law during COVID-19?
The AG advised officers applying Section 16-7-10 to authorize gatherings involving fundamental constitutional protections, even if officials discouraged them. It said enforcement depended on the…
Could a South Carolina farm truck carry donated mulch or take products beyond their first market?
The AG read the 2020 farm truck statute to allow transport of farm processed products, including mulch, beyond the first market and to allow free or donated products. It stressed that farm truck use…
Could an active-duty service member who lived in South Carolina join a public charter school board?
The AG said the charter board member had to be a South Carolina resident, determined chiefly by domicile and intent. Nine years stationed in the state, a home and children enrolled there did not let…
Should Chester County follow a 1975 district appointment act despite a special-legislation challenge?
The AG advised following Act 368 until a court declared it unconstitutional. It said a court might find the act valid as transitional home rule legislation because it moved recommendation authority…
Could a South Carolina clerk lift a bench warrant after the defendant’s fine was paid?
The AG said a clerk could accept the fine and discharge the defendant, but could not lift a bench warrant on the clerk’s own authority. The issuing court had to lift it or direct the clerk to sign…
Could Spartanburg school boards raise the county’s 13-mill foundation tax?
The AG said neither the county education oversight committee nor the seven school boards had been given power to raise the 13-mill levy, even if per-pupil funding fell short. It said the legislature…
Did a substantial change to a South Carolina health care cooperation agreement require a new full application review?
The AG said a court would likely accept DHEC’s view that the required "another review" of a substantial change after certification need not repeat the initial application process. The agency had…
Could a city police officer join Greenville County’s drug unit without holding two public offices?
The AG said serving in the county drug unit added duties to the municipal officer’s existing job rather than creating a second office. Under the described mutual aid agreement, the officer had…
Did South Carolina’s health education restriction on discussing same-sex relationships likely violate equal protection?
The AG predicted that a court would likely find the statute unconstitutional under equal protection and urged the legislature to repeal it. The opinion also stressed parents’ statutory opt-out…
Were third-party online payment fees generally finance charges on South Carolina consumer loans?
The AG said third-party payment processor fees would generally count as loan finance charges under the consumer code, following the Department of Consumer Affairs’ interpretation. A fee sufficiently…
Could Charleston County bar the city water system from requiring annexation before serving nearby unincorporated property?
The Attorney General concluded in 2020 that municipalities could condition outside-boundary sewer service on annexation and that counties lacked authority to override that choice. It also said the…
Did South Carolina’s chiropractic statute let the licensing board approve dry needling?
The AG said a court might find that dry needling fell outside the statutory scope of chiropractic practice and that a filiform needle did not qualify as a board-approved machine. It acknowledged a…
Could a South Carolina driver be cited for driving too fast for conditions without a crash?
Yes, according to the AG’s 2020 interpretation of South Carolina's speed statute. A collision or contact with a moving object was not required; the driver’s speed relative to actual and potential…
Could a South Carolina defendant who posted bond still request a preliminary hearing?
The AG said making bond did not by itself remove eligibility for a preliminary hearing. Rule 2 required a request within ten days after notice; the office saw a possible, rare equitable tolling…
Could a South Carolina clerk charge a case party FOIA search fees for copies of court filings?
The AG said a party to a pending case, or the party’s agent or lawyer, could inspect or copy case papers without charge under the clerk statute. A clerk could charge the statute’s per-sheet fee for…
Could Lexington use development impact fees to expand parks, and charge homes differently from businesses?
The AG said impact fees could fund expansion of an existing facility only to add capacity for new growth in the fee’s service area. It said a court would likely use rational basis review for…
Did South Carolina’s AG require a full Social Security number to register to vote?
In a 2020 letter, the AG changed the office’s earlier advice and construed the voter registration statute to permit submission of only the last four digits of a Social Security number.
Could a nonprofit provide eye exams and free glasses at South Carolina Title I schools using a mobile clinic?
The AG said the described limited eye evaluations could support glasses prescriptions, but mobile optometry clinics required registration and the statute restricted them to licensed health care…
Must a South Carolina assessor exclude a golf course's personal property income when valuing its real estate for tax?
Yes. The AG said the exclusion applied whichever appraisal method the assessor used, and failing to remove income and expenses tied to personal property violated the statute.
Could Georgetown pay Habitat for Humanity to repair private homes in a targeted neighborhood?
The Attorney General did not give an unconditional yes or no. It said the city had to determine whether the spending primarily served public redevelopment rather than private homeowners. If Habitat…
Could Beaufort school employees use the district grievance policy to complain about a board member?
The Attorney General said an employee complaint about a board member could be a grievance, but the district’s existing policy was poorly suited to resolve it because the superintendent, who lacked…
Could a homeowners association tow a car from a county-maintained subdivision street for violating its parking covenant?
The Attorney General declined to decide whether this HOA could tow. County road maintenance could support a finding of public dedication, but the conveyance and any reserved restrictions had to be…
Could Columbia create a city extreme-risk order process for removing firearms?
The Attorney General predicted a court would invalidate the 2019 ordinance because state law preempted municipal regulation of firearm possession and transfer. It also raised a possible conflict…
Could Columbia ban carrying a gun within 1,000 feet of a school despite South Carolina firearm preemption?
The Attorney General predicted a court would find Columbia’s school-zone firearm-possession ban preempted by state law. The opinion did not decide the ordinance’s separate discharge provision, and…
Could a South Carolina police agency make a mutual-aid agreement with an out-of-state law enforcement provider?
The Attorney General said the 2019 mutual-aid statute allowed agreements with out-of-state providers and advised involving the appropriate out-of-state political body. A same-day addendum clarified…
Was the county-funded Hagood Mill Foundation a public body under South Carolina FOIA?
The Attorney General said the Hagood Mill Foundation was a public body under the 2019 FOIA because it received county funding and likely spent public funds. Its nonprofit status did not remove it…
Could Greenville handle civil parking-ticket appeals through city administrators instead of municipal court?
The Attorney General predicted a court would find Greenville’s written administrative review process sufficient on its face, with a separate constitutional right to judicial review. It did not…
Could an unlicensed third-party driver deliver alcohol ordered online from a South Carolina retailer?
The Attorney General found no express 2019 ban on the described post-sale delivery model, but expressed serious doubt that the Legislature intended unregulated paid delivery by third parties. The…
Could a South Carolina credit union add several communities after the 2018 amendment, or expand through an out-of-state merger?
The AG predicted the 2018 law still limited a state-chartered credit union to one community group, while acknowledging uncertainty. It said an out-of-state credit union could merge with a federal…
Could a county charge an elected official’s budget for a consultant hired to perform that official’s duties?
The Attorney General declined a definitive answer without facts about the deduction and its effect. Counties had broad budget authority, but could not use it to interfere with an elected official’s…
Could Forest Acres and Columbia transfer land by matching ordinances without a Forest Acres election?
The Attorney General said no. It read the agreement provision together with the statute requiring an election when a municipality’s limits are reduced, so Forest Acres and Columbia had to comply…
Did a South Carolina town council have to list a closed session on its agenda, and could it add one during the meeting?
The AG found no FOIA requirement to list an executive session, though it advised listing one. Adding it to the agenda required a two-thirds vote of members present and voting, without an emergency…
Could South Carolina’s Real Estate Commission discipline a licensee for misconduct while serving a trade association?
The Attorney General said yes, if the conduct fell within the statutory disciplinary grounds. A separate violation of the profession-specific practice act or a particular real estate transaction was…
Was South Carolina’s underground-utility notification board a public body under FOIA?
The Attorney General said the legislatively created board governing the excavation-notice center was a state board and therefore a public body under FOIA. Public funding offered added support but…
Could one person serve on Orangeburg City Council and the Felton Laboratory Charter School board at the same time?
The Attorney General said simultaneous service would violate South Carolina’s dual-office ban. Under the rule described in the opinion, taking the second office vacated the first by law, though the…
Would a school board be liable under FOIA if a remote member’s security breach exposed closed-session information?
The Attorney General said FOIA alone created no special confidentiality duty for information discussed in executive session, so that fact alone did not create board liability. Other confidentiality,…
Did FOIA require speakers to submit their topics a day before a county elections-board meeting?
The AG found no FOIA rule requiring the board to publish each speaker’s topic, nor a general FOIA right to speak at its meetings. It advised consulting board policies and listing that public comment…
Could South Carolina’s State Accident Fund pay disability settlements to Guard members injured during the 2015 flood?
The Attorney General said the 2019-20 military-disability proviso was a valid appropriation the Fund had to follow. It allowed a lump sum or a structured settlement paid for entirely from that…
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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.