South Carolina Attorney General Opinions
from June 07, 1935
Last Document: June 17, 2024
Cantidad de documentos en esta fuente: 6124
March 09, 2009
Opinion whether a blanket bond can be provided for deputy sheriffs.
March 05, 1996
Opinion inquiring, on behalf of the Charleston County Department of Assessments and Mapping, whether a county assessor is required by S.C. Freedom of Information Act, S.C. Code Ann. 30-4-10 et seq. to compile a report of all properties meeting certain criteria selected by the requestor and to provide that report on the media of the requestor’s choosing.
March 28, 1995
Opinion questioning whether or not a “private shopping club” would change its status with regard to the Blue Laws.
May 01, 1989
Opinion providing an interpretation of Section 4-11-170 of the Code of laws of South Carolina (1976).
December 19, 1997
Opinion informing that a private developer owns approximately 350 acres of land located outside the City of Greenville city limits.
January 02, 2014
Opinion regarding the interpretation of “current dog hunting legislation,” which I understand to be Section 50-11-770 of the South Carolina Code, also known as the Renegade Hunter Act (“the Act”). And as to “whether DNR is interpreting legislation as intended”.
August 08, 1996
Opinion regarding statutes numbers 16-23-20 and 16-23-465 and inquiring “if an off duty law enforcement officer, outside of his/her jurisdiction, may carry a pistol into a business which sells alcoholic beverages; and that the said officer is at that business merely to engage in social activities, not related to law enforcement, and consuming alcoholic beverages.”
December 06, 1995
Opinion concerning the handling of mental health patients, specifically in their transportation to facilities in Anderson and Charleston, and inquiring as to how the situation best be handled in consideration of the safety of deputies and patients.
April 29, 1991
Opinion concerning the number of full time and part time magistrates that are to be appointed to serve in Berkeley County.
February 02, 1994
Opinion inquiring whether South Carolina residents attending Columbia Bible College are eligible to receive assistance through the South Carolina Tuition Grants Program due to the decision of the United States Supreme Court in the case Witters v. Washington Dept. of Services for the Blind, 474 U.S. 41, 88 L.Ed.2d 846, 106 S.Ct. 748 (1986).
April 28, 1998
Opinion regarding the legality of a proposed Ordinance being considered by the Town of Lexington.
February 15, 1989
Opinion concerning whether a driver convicted of driving under the influence whose license is to be immediately surrendered pursuant to Section 56-1-365 may retain his license if enrolled in ADSAP.
April 28, 1999
Opinion asking whether simultaneous service as mayor and correctional officer violates the dual office holding prohibitions of the South Carolina Constitution.
July 06, 1994
Opinion asking if the Department of Revenue has the authority to revoke a license under Section 12-54-90 for a taxpayer who fails to report its business personal property.
February 15, 1991
Opinion questioning whether smoking would be allowed in an open, with partition, work station and whether a state agency can ban smoking within a building.
February 14, 2012
Opinion concerning whether Defendant is required to register as a sex offender. Requested by Mark Keel, Chief, State Law Enforcement Division Read full opinion.
February 25, 1998
Opinion asking as to whether certain documents related to the recruitment of industry, but created after a business has decided to locate in South Carolina, are subject to the Freedom of Information Act.
April 07, 1995
Opinion asking if a 17 year-old could be charged with violation of S.C. Code Ann. Section 20-7-380 where there is evidence that the individual had been drinking when the officer stopped the vehicle, no one else was in the car, and, subsequently, during a routine inventory of the automobile, liquor was discovered in the trunk.
August 07, 1991
Opinion regarding legal questions arising from a proposed expenditure of public funds by Union County to assist in constructing a water line from the City of Union to the Town of Jonesville.
July 20, 1999
Opinion regarding the Patient’s Compensation Fund, which your agency is currently reviewing.
April 16, 1990
Opinion addressing multiple questions concerning the process of a school district hiring an architect.
August 25, 2009
Opinion regarding the Municipal Association’s Setoff Debt Collection Program pursuant to this State’s Setoff Debt Collection Act, S.C. Code Ann. §§ 12-56-10 et seq.
August 18, 1993
Opinion questioning what traffic offenses should be considered “non-moving traffic offenses” for purposes of assessing and collecting fees on traffic cases.
July 22, 2002
Opinion requesting we review a prior opinion issued on October 4, 2001. Specifically, concerning the relationship of building codes and requirements for licensure for day care facilities.
January 25, 2005
Opinion questioning whether Class 3-SLE certified police officers may be used for duties such as sporting events, crowd control, traffic at fairs, football games, court room security and transportation of prisoners.
July 21, 2011
Opinion regarding the South Carolina Law Enforcement Division (“SLED”) working to become compliant with the Federal Sex Offender Registration and Notification Act (“SORNA”). Specifically, asking for advice regarding the proper Tier classification for the offense of “Committing or attempting lewd act upon child under sixteen.”
April 06, 2010
Opinion questioning the constitutionally of the requirement that a driver who refuses to submit to a breath test must complete the Alcohol Drug Safety Action Program (ADSAP) pursuant to S.C. Code Ann. § 56-5-2951 when the driving under the influence charge has been dismissed and the driver pled guilty to a non-alcohol related offense.
July 01, 1999
Opinion advising as to whether a school district board of trustees may permit the free attendance at its schools of the children of a teacher when the teacher and children reside out-of-state.
March 19, 2003
Opinion concerning the effect of a temporary proviso on an inconsistent general law. Specifically, S.C. Act No. 154 that reformed the private passenger automobile insurance delivery system in this state. The Act created to §38-77-151, a special fund known as the Uninsured Motorist Fund.
March 20, 1991
Opinion concerning whether use of official position or office for financial gain as proscribed in S.C. Code Ann. §8-13-410 (2)(b) would be a crime involving moral turpitude within the purview of Article VI, Section 8 of the Constitution of the State of South Carolina.
March 02, 1999
Opinion regarding South Carolina Code 47-1-160, which deals with a nonprofit animal humane organization.
March 20, 2007
Opinion as to the ability of the Town of Hilton Head Island to budget for and expend money for certain civic events and activities.
April 30, 1986
AGO 1986-289
March 23, 1990
Opinion concerning the constitutionality of a statute which requires that probate judges have a college education or have worked in the probate court office for a specified period of time.
March 08, 1984
AGO 1984-72
March 18, 2003
Opinion regarding the recent ruling by the Honorable James Johnson in the case of
December 22, 1992
Opinion concerning whether forfeited drug funds may be used to pay overtime salaries for narcotics detectives after budgeted overtime funds have been expended.
May 20, 1985
AGO 1985-66
March 21, 2011
Opinion regarding Senate Bill 414, the Education Opportunity Act. Specifically, asking “whether the provision of scholarships and tax credits under S.414 violates Article XI, Section 4 of the South Carolina Constitution.”
February 01, 1994
Opinion concerning whether a dual office holding situation exists if the Public Defender for Dillon County on a part-time basis simultaneously serves on the Dillon County board of Education after the expiration of his term on the Board of Trustees of the local school district in the Latta area.
March 27, 1984
AGO 1984-84
October 01, 1985
AGO 1985-226
March 21, 2000
Opinion asking if since some agreements could not be executed because work on matters relating to them had not been complete, is the County Administrator now prevented from executing the agreements because passage of the dates set for the execution of the agreements?
April 05, 1991
Opinion regarding whether the conclusion of an opinion dated January 22, 1991, which states that a meeting of a school district board of trustees must be held within the geographic confines of the school district, would also apply to city and county council meetings.
December 12, 1986
AGO 1986-257
March 22, 1995
Opinion questioning whether an alien may be a police officer in this State.
December 13, 1990
Opinion providing a review of a November 21, 1990 opinion regarding dual office holding, the position as Director of the Berkeley County Water and Sewer Authority should be considered employment rather than an office.
July 03, 1986
AGO 1986-149
March 18, 2004
Opinion regarding the authority of the South Carolina Veterans Trust Board to disburse trust funds through direct grants to individual veterans.
December 23, 2003
Opinion questioning whether in light of the provisions of S.C. Code Ann. Section 30-4-165© (Supp. 2003) may banks take and retain a copy of a customer’s driver’s license record for internal identification purposes.
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