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.
Who can enforce South Carolina's waste-tire disposal law, and is the penalty criminal or civil?
The AG concluded that section 44-96-170(H) can be enforced by state, county, or municipal law enforcement officials, including county code enforcement and litter control officers, as well as by DHEC, …
Does South Carolina's six-week paid parental leave for state employees and teachers cover a stillbirth?
Probably yes. The AG concluded that a court would likely read the word 'birth' in §§ 8-11-150 and 8-11-151 to include stillbirths, but warned the statutes do not say so explicitly and recommended that…
When a federal agency like DCSA or DoD asks a South Carolina sheriff or court for someone's arrest history for a security clearance, do they have to provide it?
Yes. Under 5 U.S.C. § 9101, every state and local criminal justice agency in South Carolina (police departments, sheriffs, courts, county CJAs) must release criminal history records to a covered feder…
Can a South Carolina county council withhold an elected sheriff's salary while he is on extended leave?
Yes. South Carolina law gives no constitutional officer authority to take a leave of absence. A sheriff or other elected county officer who stops performing the duties is effectively refusing the job,…
Can police keep their body-worn cameras on inside a hospital emergency room in South Carolina, or does HIPAA require them off?
HIPAA does not apply to police officers, so it does not bar them from recording on body-worn cameras inside a medical facility. State guidelines require activation during law-enforcement encounters wi…
When a South Carolina probate court commits a child under 16 to a mental institution, can the state withhold that record from the federal NICS background check system since the federal firearms ban only applies at age 16 and up?
No. § 23-31-1020 requires probate courts to forward every mental adjudication and commitment order to SLED, and SLED to forward all of them to NICS, with no age carve-out. SLED has no statutory discre…
Who enforces the rules when a South Carolina rural telephone cooperative ignores its own bylaws?
The AG concluded that bylaw and corporate-formality problems at a rural telephone cooperative generally fall outside the Public Service Commission and Office of Regulatory Staff, whose authority cover…
If my child goes to a private school outside of South Carolina, can he or she play on a South Carolina public high school sports team under the state's 'Tim Tebow' athletic-access proviso?
No. Proviso 1.112 of the 2025-2026 SC budget only opens public school interscholastic athletic programs to students who attend independent schools located in South Carolina. The proviso's chapeau says…
Can a South Carolina state representative serve on the Palmetto College Board of Visitors without breaking dual-office-holding rules?
Yes. The AG concluded that membership on the Palmetto College Board of Visitors is not a public 'office' for dual-office-holding purposes, because the Board is advisory, not created by statute, and ex…
How must the SC High School League apply the new 2024-25 budget provisos on appeals, forfeit fines, and private-school enrollment?
The AG concluded that under Proviso 1.49, an appeal stays all sanctions pending the outcome, even minimum sanctions, because the language draws no distinction. For forfeited-game fines, the League may…
Can a South Carolina city make its nuisance ordinance enforceable only when three 'responsible citizens' report a violation to the municipal judge?
The AG raised serious doubts but stopped short of striking it down. A city can choose whether to enforce its ordinances, but the office flagged that conditioning a nuisance ordinance on a report by th…
Is a city's minority or disadvantaged small-business contracting program legal after the Supreme Court's affirmative-action ruling?
The AG would not decide it (only a court can, on the facts), but warned the program is 'fraught with risk.' Because a race-conscious program must survive strict scrutiny under Croson, Adarand, and the…
Are hemp-derived THC drinks legal to sell in South Carolina?
Yes, as a matter of statute. The 2018 federal Farm Bill and South Carolina's 2019 Hemp Farming Act make non-alcoholic beverages legal if their delta-9 THC concentration is 0.3% or less on a dry weight…
Can you drive a UTV (utility task vehicle) on public roads in South Carolina?
Not as the law stood in 2024, in most cases. The Attorney General would not rule on the specific person's situation because that turns on facts, but it explained that SCDMV may refuse to register or l…
How is the 50% farm-income rule for South Carolina's Working Farmland Protection Fund measured?
Across all the owner's farmland, not parcel by parcel. The Attorney General read § 48-59-150(B) so that a landowner meets the requirement to derive at least fifty percent of his income from farming by…
Can a city pay a newly elected councilmember retroactively for work done before being sworn in?
Probably not. The AG concluded a court would likely hold a municipality is not authorized to pay retroactive compensation to a councilmember for services rendered before qualification and being sworn …
If I'm convicted of a minor offense and then pick up a second conviction during the waiting period, can I still get the first one expunged in South Carolina?
No. Section 22-5-910 requires a clean record during the three-year (subsection A) or five-year (subsection B) waiting period. A second conviction inside that window permanently disqualifies the first …
Does a South Carolina county have to use an ordinance, not just a resolution, to buy real property?
An ordinance. The AG concluded that the statutes governing counties contemplate transferring interests in real property by ordinance, and that this reasoning applies to a county's purchase of a fee-si…
Can a South Carolina city charge fire protection fees only to certain tax-exempt properties, like dorms and apartments?
Yes, with a caveat. Section 12-37-235 lets a city charge fire protection fees on tax-exempt property, and because the fees must be based on the services provided, the AG concluded the city may charge …
Does announcing a vague 'employment matter' satisfy South Carolina's FOIA before a public body goes into executive session?
Probably not. The AG cannot decide whether a specific meeting broke the law, but based on prior opinions and South Carolina court decisions it concluded a court would likely find that announcing only …
Do you pay the Infrastructure Maintenance Fee or sales tax when you buy a trailer in South Carolina?
It depends on whether the trailer must be registered with the DMV. The AG agreed that 'for hire' means hauling someone else's property for pay, not just any business use, so a privately owned trailer …
Can a South Carolina county add a transportation penny sales tax if it already has a local option tax and a capital project tax?
Yes, with voter approval. The AG concluded that a county already imposing a Local Option Sales Tax and a Capital Project Sales Tax under Chapter 10 of Title 4 may also adopt a Transportation Penny Tax…
Can South Carolina's Santee Cooper buy 100% of an LLC without violating the constitutional ban on the state being a joint owner?
Yes, on the facts presented. The AG agreed that Santee Cooper's enabling act gives it authority to acquire all the membership interests in Cherokee County Cogeneration Partners, LLC, and that buying 1…
Do the sex-education curricula in use in some South Carolina school districts (Be Proud! Be Responsible!, Making a Difference, Making Proud Choices, Reducing The Risk, Rights Respect Responsibility, Safer Choices) violate the state's Comprehensive Health Education Act or the First Amendment?
The AG would not declare any specific curriculum unlawful (that requires factual findings beyond an AG opinion's scope), but reaffirmed two binding rules. First, South Carolina's Comprehensive Health …
Does South Carolina DSS's regulation requiring foster parents to keep firearms inoperable and locked away violate the Second Amendment?
Probably yes, according to the AG. Under Heller, McDonald, and Bruen, requiring law-abiding citizens to keep firearms inoperable and stored separately from ammunition strips them of the ability to use…
If a South Carolina tax collector sells a property at a delinquent-tax auction and then receives a check in the mail postmarked before the sale, can the collector cancel the sale?
No. South Carolina's tax-sale statutes require strict compliance with statutory procedures, and the redemption framework gives delinquent taxpayers a 12-month redemption window after the sale, not a m…
Can a school district build a different or smaller project than the one voters approved in a capital-tax referendum?
A school district must spend Education Capital Improvements Sales and Use Tax revenue only on the specific projects listed in the resolution and approved by voters. But under South Carolina Supreme Co…
Can South Carolina keep its inmate phone-call surcharge that funds cell phone interdiction under the new FCC rule?
The AG would not answer directly, because interpreting the federal FCC rule and the Martha Wright-Reed Act is outside the scope of its opinions. It noted that if the FCC or a court treats South Caroli…
In South Carolina, can a caterer or other agent buy and deliver alcohol for a private event, or only the host?
Both, within limits. The AG confirmed that DOR's longstanding reading of Regulation 7-403 lets the host or sponsor, or their designated agent or representative (which can include a caterer in limited …
Can a South Carolina county sponsor a private dam owner's FEMA grant if it means spending public money to maintain private property?
Probably not without a real public purpose, the AG concluded. If Oconee County sponsors the privately owned Chattooga Lake Dam's FEMA HHPD grant, it must commit to operate and maintain the dam, and sp…
Can a South Carolina town spend accommodations tax money on workforce housing, and give it to private builders?
Yes. After Act 57 of 2023, workforce housing is a tourism-related expenditure, so a local government may spend its local accommodations tax on it, capped at 15% of the total annual local accommodation…
Is there a time limit on collecting court-ordered fines and restitution in South Carolina, and how can they be collected?
No. South Carolina sets no time limit on collecting criminal fines, fees, and restitution, even though a civil judgment entered for that debt expires after ten years under Section 15-39-30. The unpaid…
When a South Carolina state agency has both general-fund appropriations and federal funds for the same program, which money has to be spent first?
Federal funds first, except for research and student aid grants. South Carolina Code Section 11-9-125 requires state agencies to draw down and expend federal and other funds before spending state gene…
Can South Carolina police use a search warrant form other than the state's official SCCA 513 form?
Only if it matches the official form exactly. Section 17-13-160 requires all search warrants to use the form approved by the Attorney General, which is SCCA 513. The AG confirmed police may create the…
If I own a pickup truck with an empty weight of 8,000 pounds and a gross weight of 9,000 pounds, do I get the 6% personal motor vehicle property tax rate or the 10.5% rate for other personal property?
The 6% rate. A pickup truck owned and operated by an individual qualifies as a 'personal motor vehicle' under Article X § 1(8)(B)(1) if it carries 10 or fewer people, has an empty weight at or below 9…
Can a South Carolina county legislative delegation investigate or take testimony about a local school district?
Yes. The AG concluded that the Charleston County House delegation has authority to look into the school district's performance and receive testimony about it. Because the power to legislate carries th…
Can a South Carolina city pass its own hate crimes ordinance when the state legislature has not enacted a hate crimes law?
Probably not, if the ordinance creates a criminal penalty. The AG concluded that a Greenwood-style hate crimes ordinance is at strong risk of being struck down as preempted by Article VIII, § 14(5) of…
Can the South Carolina High School League put private and charter schools in their own athletic class or playoff?
Probably risky. FY 2023-24 Budget Proviso 1.50 doesn't mention athletic classifications, but it bars any interscholastic association the public schools fund from restricting a private or charter schoo…
Can South Carolina police still charge students who fight at school under a city disorderly conduct ordinance?
Probably yes for the 'fighting' part, in the AG's view. Federal courts struck down South Carolina's disorderly conduct statute (§ 16-17-530) as unconstitutionally vague as applied to students, but Roc…
Can a South Carolina clerk of court use child-support Title IV-D funds to supplement staff or their own salary?
A clerk of court may use Title IV-D child-support funds to supplement the salaries of office staff who perform Title IV-D work, without county council's prior approval, as long as the funds go only to…
If the Governor wants to appoint someone who already holds a state office to the Health Planning Committee, does the dual office holding ban block it?
No. The AG concluded that members of South Carolina's Health Planning Committee are not officeholders for dual office holding purposes because the Committee plays a purely advisory role to the Departm…
When South Carolina county auditors decide whether a pickup truck qualifies for the lower 6 percent personal property tax assessment, should they use the truck's empty weight, its gross weight, or the gross vehicle weight rating set by the manufacturer?
Empty weight and gross weight, the way Section 56-3-630 says. The AG concluded that the South Carolina Department of Revenue's longstanding Advisory Bulletin #01-9, which directs auditors to use the m…
Can a South Carolina magistrate issue an administrative search warrant to allow a county code enforcement officer to inspect a home for fitness for human habitation under S.C. Code § 31-15-380, and can the code enforcement officer prosecute the resulting case in magistrate's court?
No on the warrant, yes on prosecution. S.C. Code § 31-15-380 does not authorize magistrates (or any other judges) to issue administrative search warrants. The statute does not mention warrants at all,…
When does a long-staying hotel or motel guest become a tenant with eviction protections in South Carolina?
It depends on length of stay and whether a rental contract exists. Under § 27-40-120(4), the Residential Landlord and Tenant Act does not cover transient hotel/motel occupancy that is subject to the a…
Can a South Carolina city hire a private company to write and collect parking tickets?
No, in the AG's view. Enforcing parking ordinances is an exercise of a city's police power, and South Carolina local governments cannot delegate police powers to a private entity without constitutiona…
Can South Carolina school staff move budget money mid-year without board approval?
No. The Attorney General concluded that a school board cannot let district employees make mid-year budget transfers without the board's approval. Setting and maintaining the budget is a discretionary …
Are police body camera videos and cleared misconduct records public under South Carolina's FOIA?
Mostly no. The Attorney General told the Criminal Justice Academy that video and audio recordings can count as public records in general, but body-worn camera footage is specifically not a FOIA public…
Can a South Carolina county zoning ordinance block the state parks agency from building hiking and biking trails on land bought for that purpose?
Probably not. A court would likely hold that Article VIII, § 14 of the South Carolina Constitution prevents Greenville County's zoning ordinance from blocking the Department of Parks, Recreation and T…
What can a South Carolina city legally do with development impact fee revenues, and can the money fund parking lots for existing buildings?
Two answers. First, expenditures of development impact fees in South Carolina must be tied to the city's adopted capital improvements plan; spending outside the plan is not allowed. Second, parking lo…
If a South Carolina landowner subdivides farmland but keeps owning it and keeps farming it, does the owner need to reapply for the agricultural property tax exemption?
No. Once a parcel has been classified as agricultural under S.C. Code § 12-43-220, the owner does not have to file a new application to keep that classification after subdividing the tract, as long as…
Does a South Carolina solicitor have to report a healthcare provider's pre-trial intervention to the National Practitioner Data Bank, even though state law makes that information confidential?
The AG advises that solicitors should make the federally-required report to the National Practitioner Data Bank when a defendant in a healthcare-related prosecution enters pre-trial intervention. The …
Did South Carolina's 2010 and 2013 permit extension resolutions, which tolled development approval deadlines after the Great Recession, also extend a 1995 water and sewer infrastructure agreement between a private trust and a municipal utility?
Yes, a court would likely find the resolutions apply. The AG concluded that the 2010 and 2013 Joint Resolutions, which tolled vested development rights to ease the Great Recession's impact, are broad …
Can a South Carolina county add the local option sales tax (LOST) on top of the transportation tax and educational capital improvements tax it already collects, when a city inside the county is also charging the tourism development fee?
Yes, if voters approve. The AG concluded there is no statutory bar to a county imposing LOST while it already collects the transportation tax and the educational capital improvements tax, and while a …
Can South Carolina set up a state employee payroll deduction to pay for a workplace wellness program?
The Attorney General did not decide whether a wellness plan counts as the kind of 'insurance' the Comptroller General could deduct for under S.C. Code § 8-11-80; that call belongs to the Comptroller G…
Do South Carolina charter school board members have to be registered voters, or is living in the state enough?
Residency alone is likely not enough. The Attorney General concluded a court would probably find charter school board members are public officers, so under Article XVII, Section 1 of the South Carolin…
Can a South Carolina county council tell the sheriff's deputies what to do at council meetings, and can deputies use force to enforce public comment rules?
Probably not, on both counts. The Attorney General concluded a court would likely find a county council's limited authority over elected officials does not extend to giving direct orders to the sherif…
How do the two-term limit and holdover rules work for South Carolina Commission on Higher Education appointments?
The Attorney General concluded the two-consecutive-term limit in S.C. Code § 59-103-10(1) applies to all ten Commission on Higher Education members the Governor appoints under that subsection, both co…
Does federal law let a military spouse keep using an out-of-state professional license in South Carolina without meeting state licensing requirements?
Likely yes where the laws conflict, but the Attorney General would not formally bless any specific approach. It explained that Section 19 of the federal VAEIA (50 U.S.C. § 4025a) requires recognizing …
Does a South Carolina city have to give public notice before annexing land by petition, and who checks the petitions?
The Attorney General would not rule on whether the City of Chester's specific annexation was legal, because that turns on facts it cannot resolve. As a matter of general law, it explained that the two…
Can a South Carolina county extend a local sales tax past its 20-year limit on its own, or does it need the Legislature?
It needs the Legislature. The Attorney General concluded that Clarendon County's 1% sales and use tax, authorized by Act 355 of 2004 for its school districts, is capped by the Act's plain language at …
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.