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 Chesterfield County's animal control director also work as a town police officer?
The AG said the constitutional two-office rule did not prohibit both jobs on the facts supplied. It treated the animal control director as a county employee, rather than a second public officer.
Could a South Carolina prosecutor serve as a certified law enforcement officer in the State Guard?
The AG said a city or county prosecutor could serve as an officer in the State Guard's Provost Marshal Detachment without violating the two-office rule. The state constitution expressly excepted an…
Could a South Carolina school superintendent close a public school without a board vote?
The AG said the district board, not its superintendent, held the exclusive choice whether to operate a public school. It said a board wishing to close one needed a majority vote in a public session…
Could water district commissioners also serve on a nonprofit fire department's board?
The AG said commissioners of the Clearwater and Bath districts could also serve on the Midland Valley Fire Department nonprofit board without violating the constitutional two-office rule. It warned…
Could South Carolina first responders share overdose locations through ODMAP without violating medical privacy law?
The AG concluded the limited, nonidentifying overdose data described in the request could be used through ODMAP for response and treatment without likely violating HIPAA or state privacy law. Its…
Could a South Carolina voyeurism charge apply when a sexual partner secretly records consensual sex?
The AG said yes when all statutory elements were met: consent to sex did not itself mean consent to a secret video. It gave an abstract interpretation and left probable cause, charging, and…
Did South Carolina's charitable raffle amendment make casino night fundraisers legal?
The AG said no. It read the raffle amendments as preserving the prior law against traditionally conducted casino nights, while recognizing that entertainment-only events with no player prizes were…
Could a proposed South Carolina dog breeder law let inspectors enter homes without a warrant?
The AG warned that the proposed warrantless entry power was constitutionally suspect under the Fourth Amendment, especially for breeders' homes. It thought the closely regulated industry exception…
Could Mayo Area Fire District raise millage, run recurring deficits, and let commissioners fight fires?
The AG said millage increases were subject to statutory limits and a constitutional balanced-budget duty; repeated planned deficits could not bypass that duty. A commissioner serving as a volunteer…
Could South Carolina investigate housing discrimination complaints on Catawba Nation land?
The AG concluded that the Human Affairs Commission retained investigative jurisdiction on Catawba reservation land, including federally funded tribal housing. It predicted a court would find that…
Could a South Carolina agency restrict public access to St. Phillips Island's beach?
The AG identified no agency authority to restrict access below the high water mark solely for its own sake, and the agencies consulted said they were not doing so. It also described narrower…
Could Charleston municipal court hear appeals from city trespass warnings?
The AG said a court would likely find the warning appeals civil and outside municipal court jurisdiction. It warned that a court might strike the entire warning ordinance if the appeal provision…
Did a South Carolina pawn shop have to refund part of its finance charge when a loan was repaid early?
The AG said a pawnbroker could prorate a finance charge but was not required to do so for early repayment within the thirty-day period. It also concluded local ordinances could not prohibit the…
Did every improper-lane conviction carry the same license points in South Carolina's e-citation system?
The AG said the traffic statute described separate offenses and that the applicable charge and points could vary with the prosecutorial decision. It declined to assign specific electronic citation…
Could a South Carolina tax sale buyer appeal a property tax assessment before receiving the tax deed?
The Attorney General concluded that a court would likely give a delinquent tax sale purchaser standing to challenge the property assessment even if the county had not yet issued the tax deed. The…
Could a South Carolina school district obtain a proprietary security business license?
The Attorney General concluded that a court would likely find school districts ineligible for a proprietary security business license. The opinion expressly preserved its earlier conclusion that…
What issues did South Carolina's AG identify in proposed inclusionary zoning bills S. 346 and H. 4162?
The Attorney General did not declare either bill unconstitutional. The 2019 opinion said new local taxing authority should be explicit, service fees should reflect actual costs, and using deed…
Did South Carolina's handgun carry law incorporate federal firearm prohibitions in 2019?
The Attorney General concluded that a court would likely read the phrase 'unless specifically prohibited by law' in South Carolina's handgun carry statute as excluding prohibitions existing only…
Could a South Carolina county legislative delegation's ad hoc committee subpoena school district witnesses or documents?
The Attorney General concluded that a county legislative delegation's investigative committee would need specific legislative authority to compel testimony or documents unless it qualified as a…
Could a South Carolina school trustee also serve on a political party committee and as a party delegate?
The Attorney General concluded that a Florence County school trustee could also serve on the county Democratic executive committee and as a state party delegate without violating the dual office…
Could Florence County sue as the State to challenge a city annexation by quo warranto?
The Attorney General concluded that Florence County would not qualify as 'the State' for standing to bring the proposed quo warranto challenge to a city annexation. The opinion distinguished that…
Who decided the term of an Allendale County council chair after the prior chair resigned?
The Attorney General concluded that Allendale County Council could decide whether the next chair completed the former chair's unexpired term or began a new term. The county ordinance described a…
Did a South Carolina stand-your-ground immunity hearing create special Fifth Amendment testimony rules?
The Attorney General concluded that the Protection of Persons and Property Act did not create special testimonial privilege rules for a defendant seeking immunity. Waiver and later use of hearing…
Which Criminal Justice Academy records could South Carolina withhold under FOIA in 2018?
The Attorney General said certain certification applications and reported excessive-force records could fall within narrow statutory FOIA exemptions. Academy regulations could not independently…
When did South Carolina school administrators have to report a threat to law enforcement in 2018?
The Attorney General concluded that school administrators had to contact law enforcement immediately about covered threats or harmful conduct at school, with the application assessed case by case.…
Could South Carolina's governor bar official employee bookings through a company after finding discrimination?
The Attorney General concluded that the governor had constitutional authority to direct state employees not to use a company for reimbursed official lodging if the governor chose to address…
Did South Carolina's AG decide whether volunteer state constables could carry concealed guns in other states under LEOSA?
No. The Attorney General declined to decide whether South Carolina state constables qualified under the federal Law Enforcement Officer Safety Act. It described state-law constable powers that…
Did a South Carolina fire department have to register an ATV used as an emergency support vehicle?
The Attorney General concluded that a properly equipped and used fire department ATV could qualify for the specialized support vehicle exemption from registration. The opinion tied the exemption to…
Could a Berkeley County building permit fee count as a business license tax for a Mount Pleasant builder?
The Attorney General said a court might treat the described Berkeley County permit fee partly as a de facto business license tax because an official said it included a charge for the privilege of…
Did a South Carolina bail bond surety owe premium tax on the bondsman's entire fee in 2018?
The Attorney General concluded that a bail bond surety's premium tax was based on the amount the bondsman remitted to the surety, not the part of the customer's payment the bondsman retained for…
Could a South Carolina mayor's third-degree domestic violence plea trigger an office vacancy after a second-degree indictment?
The Attorney General concluded that a court would likely treat the mayor's second-degree indictment and third-degree domestic violence conviction from the same incident as satisfying the conviction…
Did Midlands EMS need a separate contract for paramedic field internships between member counties?
The Attorney General concluded that a regional health service district could provide training within its own statutory authority without a separate outside contract. Where it contracted with another…
Could a veteran's child in a South Carolina high school dual enrollment course qualify for free college tuition?
The Attorney General concluded that an otherwise eligible veteran's child could qualify for the tuition waiver while taking a dual enrollment course if the course advanced an undergraduate degree…
Did South Carolina charter school board and charter committee members have to file statements of economic interests in 2018?
The Attorney General concluded that the specific Ethics Act category for members of a state board, commission, or council did not cover charter school board or charter committee members. It left…
Could South Carolina's governor fill a Bath Water and Sewer District seat when no election had been held?
The Attorney General concluded that a court would likely allow the governor to fill the vacant elected commission seat on the Aiken County delegation's recommendation. The statutory term still…
Could a South Carolina deputy fire chief also serve on a city council without violating dual office holding rules?
The Attorney General concluded that serving as both a deputy fire chief of the described special purpose district and a city council member would not violate South Carolina's dual office holding…
Did South Carolina's FOIA require releasing birth dates and driver license numbers from a collision database?
The Attorney General concluded that the described FOIA response could withhold private individuals' birth dates and redact personal information while releasing collision facts. It also warned that…
Did the South Carolina AG find coroners eligible for federal public safety death benefits?
The Attorney General described how South Carolina coroners and deputies held public office and performed some judicial duties, but expressly declined to decide federal benefits eligibility. The…
Could a South Carolina university permit selected staff to carry concealed handguns on campus?
The Attorney General concluded that a university could expressly permit selected people to carry concealed handguns on its premises, subject to the permission’s terms and any other legal…
Did South Carolina’s Doe decision allow domestic violence prosecution involving unmarried same sex partners?
The Attorney General read the revised Doe decision as allowing domestic violence prosecution involving unmarried same sex partners who were cohabiting or formerly cohabited, when the statutory…
Could a South Carolina council add a tax district referendum to its agenda as an exigent circumstance?
The Attorney General concluded that the previously existing election ballot deadline did not make the omitted referendum an emergency or exigent circumstance under FOIA’s meeting agenda rule.
Could South Carolina regulate parasailing and inspect vessels the Coast Guard did not inspect?
The Attorney General concluded that the General Assembly could regulate water sports in South Carolina territorial waters. Whether a proposed state inspection program for vessels not inspected by…
Could South Carolina capital project sales tax proceeds buy land for economic development or fund other projects?
The Attorney General concluded that a flexible reading of the tax law allowed land acquisition for economic development. Using excess proceeds for that purpose also required a qualifying project, no…
Could an Andrews town clerk also serve as municipal court clerk under South Carolina dual office rules?
The Attorney General concluded that a municipal clerk or employee could serve as municipal court clerk under the statute. On the described facts, it viewed the court work as added duties of one…
Could a South Carolina county charge sewer fees to properties already using septic systems?
The Attorney General predicted that a court generally would reject sewer service or connection fees imposed on properties receiving no sewer benefit, including properties with alternative septic…
Could South Carolina recognize a Native American group whose application was pending when Act 163 took effect?
The Attorney General concluded that Act 163 barred recognition of new Native American Indian Groups even when an application had been filed before its effective date. It preserved groups already…
Was a special election required to fill a vacant South Carolina watershed district director seat?
The Attorney General concluded that a vacancy on a watershed conservation district board was filled by appointment for the unexpired term, whether the departing director had been elected or appointed.
Could South Carolina municipal prosecutors create their own pretrial diversion programs?
The Attorney General concluded that only circuit solicitors could establish the statutory pretrial intervention program. It superseded any contrary suggestion in a 1996 informal opinion and said…
Did South Carolina judgment interest change rates each year or stay fixed when damages were awarded?
The Attorney General predicted that a court would use one fixed post judgment interest rate, set in the year damages were awarded, while allowing the amount to compound annually.
Did South Carolina’s handgun exception automatically permit carrying in HOA common areas?
The Attorney General declined a definitive answer about handgun possession in HOA common areas, saying ownership and control depended on the governing documents and particular facts. It also…
Could a church with a daycare permit concealed handguns on its South Carolina property?
The Attorney General predicted that an authorized person could carry a concealed handgun on church property with express permission from the church’s governing authority, even where the church also…
Could Mount Pleasant council move a settlement item back on its agenda without another two thirds vote?
The Attorney General concluded that moving the settlement item back to the end of the meeting could count as another agenda amendment requiring two thirds approval. It also concluded that council…
Did South Carolina law set a minimum distance between shooting ranges and schools?
The Attorney General found no state statute setting a minimum distance from schools or assigning one state agency specific jurisdiction over shooting ranges as such. It identified the Shooting Range…
Who controlled library purchases and donated funds in the Hardeeville library dispute?
The Attorney General concluded that routine county library purchasing and furnishing decisions were supervised by the library board through the chief librarian. It declined to decide ownership of…
Where did South Carolina DDSN rank in the health care consent priority list after the 2016 amendment?
The Attorney General predicted that the Department of Disabilities and Special Needs still had authority to make health care decisions for clients, but its priority followed all listed adult…
Could South Carolina parolees earn compliance credits despite the bar on good conduct deductions?
The Attorney General predicted that parolees could qualify for compliance credits while under supervision. It distinguished those credits from good conduct credits earned during confinement, so the…
Should Folly Beach enforce its daylight golf cart rule with a traffic ticket or ordinance citation?
The Attorney General predicted that Folly Beach should use a Uniform Traffic Ticket for violations of its golf cart daylight rule because the ordinance regulated motor vehicle use on public roads,…
Could a South Carolina mutual benefit nonprofit state in its articles that it had no members?
The Attorney General predicted that a court would allow a mutual benefit nonprofit corporation to elect in its articles of incorporation to have no members. It found no statutory prohibition on that…
Could both city and county judges issue warrants for state corrections officers inside Bennettsville?
The Attorney General concluded that Bennettsville and Marlboro County judicial officers had concurrent warrant jurisdiction for the described offenses. State law did not assign either side greater…
Did South Carolina’s failure to appear offense apply when a Uniform Traffic Ticket charged a nontraffic crime?
The Attorney General predicted that the failure to appear offense applied to a willful failure to appear on a Uniform Traffic Ticket regardless of whether the underlying charge was traffic related.
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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.