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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Can the South Carolina Department of Juvenile Justice charge counties a $50 per-day fee for keeping juveniles in custody after they have been adjudicated and committed?
No. The AG concluded that DJJ's per-diem authority under Section 63-19-360(4) is limited to pre-adjudication detention. Once a juvenile has been adjudicated and committed, the State must bear the cost…
If someone is caught driving in South Carolina without a driver's license and they have a prior conviction that would have suspended a license they never had, what should they be charged with?
Section 56-1-450, not Section 56-1-460. The AG explained that 56-1-460 only applies when a license was once issued and then canceled, suspended, or revoked. A person who has never been licensed has no…
In South Carolina, is it a crime to publish the name of an alleged sexual assault victim even if the assault was never reported to police?
Yes. South Carolina § 16-3-730 makes publishing the name of any victim of criminal sexual conduct, alleged or actual, a misdemeanor punishable by up to a $1,000 fine or three years in prison. The AG f…
Can a South Carolina school board set its own compensation under a policy adopted by majority vote, and does failing to reaffirm the policy in a later year invalidate it?
Yes in most cases. South Carolina § 59-1-350 uses permissive language, school boards 'may' set their own compensation, per diem, mileage, and reimbursement policies absent a local law to the contrary.…
Is the Chester Fire District required to keep contracting with the City of Chester for fire protection services, or can it pick another provider or run its own department?
No. The 1972 enabling act does not require the Chester Fire District to contract exclusively or in perpetuity with the City of Chester. The District can renegotiate, contract with alternative provider…
Can a member of a South Carolina county board of voter registration and elections run for political office, or hold an officer position in a political party, while still serving on the board?
Filing as a candidate, by itself, does not require resignation. But if the board member is elected or appointed to an officer position in a partisan political party (whether the position is elected or…
Who controls the Hampton County School District budget and millage rate, the Board of Trustees or the County Council, and what happens when the local act conflicts with the statewide millage cap?
The Board of Trustees adopts the budget, and the Board (not the County Council) is the 'local governing body' that levies the school tax. County Council has discretionary approval over the millage, bu…
When a South Carolina school district declares surplus and decides to sell or lease vacant land with no building on it, does the charter school right-of-first-refusal in § 59-40-170 apply?
No. AG Wilson concluded that § 59-40-170's first-refusal rule applies only to 'buildings' and 'portions of buildings,' not to undeveloped property without a building. The statute uses 'building' and '…
Can South Carolina ETV claim the revenue from a National Guard cell tower lease under a budget proviso that gives it general authority to coordinate state tower operations?
No. Budget Proviso § 8.4's general directive that SC ETV 'coordinate' state tower and antenna operations does not give ETV the revenue from the Adjutant General's Fort Mill cell tower lease. The speci…
Can a South Carolina county put a transportation sales tax referendum on the ballot in an odd-numbered year, or does the 'time of the general election' language in § 4-37-30(A)(2) limit it to even-numbered federal election years?
Either is allowed. The county transportation sales tax referendum required by S.C. Code § 4-37-30(A)(2) to be held 'at the time of the general election' can take place in an odd-numbered November as w…
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…
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 …
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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.