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 a South Carolina county use transportation sales-tax money to build a highway noise barrier?
Likely yes. The Attorney General concluded that an engineered highway noise barrier, built to mitigate noise from a county transportation project and serving no other purpose, likely qualifies as an '…
If a hunter sends a deer dog onto private land where the hunter has no permission to hunt, can the hunter be charged with criminal trespass under South Carolina Code Section 50-1-90?
The AG declined to say yes outright. The Office acknowledged that 1960s opinions reading Section 50-1-90 narrowly may be outdated, but stopped short of declaring the dog an extension or agent of the h…
Who enforces South Carolina's Kratom Consumer Protection Act, and can the Department of Public Health write rules under it?
The Act names the Department of Public Health once, in a definition, but does not assign anyone enforcement responsibility or rulemaking power. As written, the AG concluded no agency clearly has eithe…
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…
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…
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…
Under South Carolina's 2023 bond reform, can a defendant pay a bail premium in installments?
Yes, with $100 down. The Attorney General resolved a dispute between a Greenwood judge and the clerk of court over the 2023 bond reform law (§ 38-53-170(e)). A bondsman must charge a minimum premium o…
Did South Carolina's 2023 change to the Sexually Violent Predator Act lower the standard for civil commitment?
No. The Attorney General concluded the 2023 amendment defining 'likely to engage in acts of sexual violence' as 'predisposed' and 'more probably than not' did not change the burden of proof, which rem…
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 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…
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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.