South Carolina Attorney General Opinions

from June 07, 1935
Last Document: June 17, 2024



Cantidad de documentos en esta fuente: 6124

July 21, 1986

  • AGO 1986-163

  • August 23, 2000

  • Opinion asking whether a dual office holding situation would exist if a member of the Bamberg County Election Commission simultaneously served as a member of the Bamberg County Council.

  • June 06, 2007

  • Opinion clarifying as to “whether county councils are precluded from only appointing members to the governing board of a special purpose district, or precluded from both appointing and recommending members.”

  • October 10, 2006

  • Opinion questioning whether SLED should automatically classify an out-of-state sexually violent predator when relocating to South Carolina and subject the individual to the more frequent registration requirements.

  • April 26, 2000

  • Opinion asking whether the $35.00 filing fee “for filing and procession an order for the Destruction of Arrest Records” under S.C. Code Ann. § 8-21-310 may be waived for reasons of indigence.

  • November 29, 1973

  • AGO 1973-510

  • September 08, 2010

  • Opinion concerning actions taken by the South Carolina State University Board of Trustees with regard to the election of its president.

  • March 10, 1998

  • Opinion asking several questions related to the ballot for a school bond referendum for the Charleston County School District.

  • October 11, 2007

  • Opinion concerning implementation of pay increases for the Town’s council and mayor.

  • February 03, 2010

  • Opinion questioning as to “whether or not Richland County can enforce its zoning regulations related to forestry activities on forestland.”

  • June 24, 1986

  • AGO 1986-144

  • August 26, 2004

  • Opinion providing certain information relative to the deadline of an election.

  • October 11, 1996

  • Opinion concerning the applicability of S.C. Code Ann. Sec. 4-9-82 to the proposed merger of the Greenville, Spartanburg and Anderson Hospitals into a new entity, the AGS System.

  • June 18, 1996

  • Opinion regarding the people’s right to have a referendum for highway projects.

  • May 06, 2005

  • Opinion inquired as to whether it would be a violation of the dual office holding prohibition to serve simultaneously as Mayor and Planning and Zoning Administrator for the Town of Hollywood.

  • September 21, 2006

  • Opinion concerning the possibility of dual office holding with specifics regarding to being a member of the State Board for Technical and Comprehensive Education and being a member on the Myrtle Beach Convention Center Hotel Corporation’s Board.

  • January 07, 1997

  • Opinion concerning whether a dual office holding situation exists if a member of the Barnwell County Hospital Board simultaneously serves on the Barnwell County Transportation Committee.

  • February 02, 1972

  • AGO 1972-66

  • February 29, 2008

  • Opinion questioning the law in South Carolina regarding the purchase of ammunition.

  • October 19, 2012

  • Opinion regarding the enforcement of beach regulations on Fripp Island, a gated community in Beaufort County.

  • April 23, 1986

  • AGO 1986-284

  • July 13, 1979

  • AGO 1979-346

  • July 25, 2002

  • Opinion asking two questions regarding this situation: first can an individual be employed in a dual capacity as a victims’ advocate and court clerk; and, second, may the clerk of court office be housed within the police department building?

  • February 27, 1989

  • Opinion regarding whether or not a pharmacist may lawfully dispense a prescription of a physician whose medical license has been suspended pursuant to statutory authority and may the pharmacist dispense refills of the suspended physician’s prescriptions during the period of suspension.

  • February 03, 1997

  • Opinion involving the handcuffing of a person for temporary detention before establishing grounds for arrest.

  • September 28, 1998

  • Opinion asking whether a member of the House of Representatives may serve as a substitute teacher in the state’s public school system without contravening any provisions of the South Carolina Constitution or state law.

  • September 22, 1994

  • Opinion regarding whether a school district has any discretion as to compliance with the following statute passed by the legislature this year: “All schools shall provide for a minute of mandatory silence at the beginning of each school day.”

  • August 01, 1989

  • Opinion referencing a prior opinion dated March 24, 1989, which construed a provision in Act No. 532 of 1988 that increased the length of the period which may be considered for determining prior offenses of driving under the influence from five years to ten years.

  • October 17, 1977

  • AGO 1977-27

  • March 16, 2010

  • Opinion as to whether the South Carolina Public Service Authority (“Santee Cooper”) has statutory authority to provide a proposed guarantee to the United States Department of Agriculture’s Rural Utilities Service (“RUS”) on behalf of Orangeburg County Biomass, LLC and whether proposed loan guarantee would violate Art. 10 § 11 of the South Carolina Constitution’s prohibition against pledging or loaning of the credit of a political subdivision of the State for the benefit of any individual, company, or corporation.

  • February 18, 1972

  • AGO 1972-95

  • July 30, 1987

  • AGO 1987-125

  • October 10, 2006

  • Opinion questioning the basis for opinions of this office that have concluded that the terms of municipal council members may be shortened in certain circumstances.

  • July 25, 1996

  • Opinion regarding Myrtle Beach Police Department’s inability to enforce payment of civil fines for instances dealing with drug paraphernalia pursuant to S.C. Code Ann. Sec. 44-53-391.

  • August 05, 2014

  • Opinion pertaining to the offense of criminal trespass, a violation of S.C. Code Ann. § 16-11-60 (2003).

  • June 10, 2005

  • Opinion as to the applicability of Jacob’s Law to churches. Specifically, the request of an opinion in order that churches not in compliance with the statute may comply with the law if need be.

  • July 10, 2009

  • Opinion regarding the burial of the bodies of indigent individuals.

  • November 29, 1989

  • Opinion concerning what party is responsible for paying for a boardwalk at Washo Reserve.

  • April 06, 1989

  • Opinion addressing a request for guidance relative to the approval of settlement agreements entered between an employee and the employer or carrier.

  • September 18, 1986

  • AGO 1986-16

  • November 20, 1990

  • Opinion concerning whether the current law prohibits the sale of mini bottles on election day.

  • November 29, 1995

  • Opinion questioning whether residents of places that are providing nursing home or community residential care facility services without a license are “vulnerable adults” as defined in Section 43-35-10(10) and should be provided “protective services” as defined in Section 43-35-10(9). Also, questioning whether the Adult Protective Services Program has the authority and duty to take custody of adults who are residents of facilities that DHEC has determined are required to be licensed as a nursing home or a community residential care facility but are not entitled to such licensure.

  • October 26, 1994

  • Opinion concerning whether an unwritten rule requiring full-slate voting in the elections to the Pork Board; ie, that a voter must vote for all seats that are open or the ballot will not be counted, is permissible.

  • June 17, 2013

  • Opinion as to whether State law prohibits an individual from simultaneously serving as a member of the Union County Commission on Alcohol and Drug Abuse and as a member of the City of Union Municipal Election Commission.

  • August 20, 1996

  • Opinion inquiring as to who is covered by the term “officials of state government” as defined in Part IB, Section 72.75 of the 1996-1997 Appropriations Act.

  • December 21, 1994

  • Opinion questioning if a reserve police officer, who has successfully completed training requirements defined by statute, could be assigned at the discretion of the Chief of Police to patrol within the police department’s jurisdiction in a police vehicle, but without having to ride with a regular officer. Also, the opinion addresses the authority a reserve police officer has while en route to duty with the police department or returning home after working if in a privately owned vehicle, should he/she observe the commission of a crime.

  • April 20, 1994

  • Opinion asking whether it would be viewed as a conflict if a commissioner of a dire district (or member of a board of fire control) were to serve as an auxiliary of honorary fireman.

  • December 06, 1973

  • AGO 1973-530

  • September 01, 2009

  • Opinion questioning whether the Georgetown Police Department has original jurisdiction to engage in law enforcement activities on the navigable waters around the City of Georgetown.

  • April 23, 1996

  • Opinion inquiring as to whether an individual, convicted of a violent crime as defined in Section 16-1-60 and subsequently receiving a pardon in accordance with Title 24, Chapter 21 of the Code of Laws of South Carolina 1976, as amended, would be eligible to purchase a pistol.