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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Do South Carolina disability-services providers have to run fingerprint background checks on their direct-care staff?
Yes, if the program is a "direct care entity." Section 44-7-2910 requires a criminal record check before a direct care entity employs or contracts with any direct caregiver, and the AG read it to cove…
If a mayor would end up supervising his spouse who works for the town, does that violate nepotism or ethics rules?
The Attorney General said enforcing the town's own nepotism policy is up to the Town Council's discretion. But it warned that a mayor supervising his spouse (here, an assistant town clerk in line to b…
Does the county sheriff have to investigate a crash when an off-duty highway patrol officer is in a personal car?
No, not under subsection (B). Section 56-5-765(B) requires the county sheriff to investigate crashes involving a Department of Public Safety vehicle or motorcycle. The AG concluded that rule does not …
Can a county take back a raise it gave an elected clerk of court, and who has authority to set the salary?
An elected clerk of court's salary is set by the county's governing body (the county council) and cannot be reduced during the term for which the clerk was elected. The AG concluded the county supervi…
Can a water district's lake wardens pull people over for speeding or DUI on or near district property?
No. Public safety officers a special purpose district commissions under § 6-11-340 hold the powers of a state constable and can enforce state law, but only on the district's own property and contiguou…
Can a South Carolina county use its existing property-tax millage to fund a new county police department?
Yes, if voters approve it. The AG concluded that once a referendum approves a county police department that duplicates or replaces the sheriff's law enforcement functions, the county may use current m…
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 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 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…
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 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 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…
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 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 …
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…
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 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…
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…
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…
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 …
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 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…
How many members make a quorum on a South Carolina county election board, and who sets the board's size and fills vacancies?
The AG concluded (though not free from doubt) that a county legislative delegation sets and can change the size of its county board of voter registration and elections within the statutory range of fi…
Can a South Carolina coroner use Child Fatality Fund money to buy a vehicle for a deputy coroner?
No. South Carolina Code Section 17-5-140(B) lets a county coroner spend Child Fatality Fund money, once the statutory minimum salary is paid, on hiring a deputy coroner or other personnel, or on an of…
Can a South Carolina sewer district charge the same property tax rate on land that has no access to the sewer line?
Yes. The Spartanburg Sanitary Sewer District's enabling legislation requires its elected commission to levy an ad valorem tax on all taxable property within the district to cover bond payments and ope…
Did South Carolina's 2023 tobacco law ban all vending machine cigarette sales, or just sales to minors?
A court would likely conclude that Act 38 of 2023's provision stating 'it is unlawful to sell a tobacco product through a vending machine' was not intended to ban all vending machine tobacco sales to …
Does South Carolina's open records law require the prison system to release photos its tablets take of inmates?
Probably not. The Attorney General concluded that a court would likely treat the photos SCDC's tablets automatically take of inmates as 'security plans and devices,' which South Carolina law (§ 30-4-2…
Does a peer-to-peer car sharing company like Turo have to pay a South Carolina city's business license tax?
The Attorney General did not decide it. Whether Turo or its individual hosts owe Myrtle Beach's business license tax turns on whether they are 'doing business' in the city, and that is a factual quest…
Can a South Carolina town spend public money to rebuild a culvert or road that mainly benefits one private property?
Maybe, but the Attorney General would not decide it. Because the culvert would sit on municipal property and the road over it stays open to the public, the AG said a court might find the spending does…
Can a South Carolina school district sign a multi-year contract before budgeting the money for it?
It depends, and the Attorney General left the key questions to a court. State law (§ 59-19-290) voids school-district contracts that exceed the funds apportioned to the district, and multi-year contra…
Who has to approve a South Carolina school district leasing out its property, the district or the county?
It depends on the purpose of the lease. If the school property will be used only for 'civic or public purposes,' the district's board of trustees can approve the lease itself under § 59-19-125, withou…
Can two remaining directors fill vacancies and adopt bylaws for a South Carolina nonprofit volunteer fire department?
Possibly. South Carolina nonprofit law can allow directors remaining below a quorum to fill board vacancies, and it gives directors or voting members different powers to adopt or amend bylaws. The AG …
If a South Carolina school board posts several documents called an agenda, which one counts as the legal public-meeting agenda?
The document's title is not controlling. The AG said a court would likely identify the agenda by asking which list of items was publicly posted at least 24 hours before the meeting and whether the boa…
Are statements collected during a South Carolina State Election Commission audit automatically exempt from a public-records request?
No. The FOIA privacy exemption does not automatically cover every election-audit interview. A court must review the information case by case and balance the interviewee's privacy interest against the …
Can one person serve on the Cherokee County Council and also hold Cherokee County's seat on the Spartanburg County Commission for Higher Education?
No. The AG concluded that both positions are public offices that exercise part of the State's sovereign power, so holding them at the same time would violate South Carolina's constitutional dual-offic…
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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.