South Carolina Attorney General Opinions

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



Cantidad de documentos en esta fuente: 6124

May 14, 1975

  • AGO 1975-136

    • January 16, 1997

  • Opinion concerning the Department of Parks, Recreation and Tourism’s authority to create the South Carolina Heritage Corridor (the “Foundation”), a South Carolina eleemosynary corporation.

    • January 29, 1996

  • Opinion concerning whether it is legal to have the blood of the deceased tested for HIV virus and Hepatitis B and give the results to their caregivers.

    • June 10, 2014

  • Opinion regarding the validity of a proviso contained within the South Carolina General Assembly’s General Appropriations Act for fiscal year 2013-14, specifically, proviso 84.14 of the Act.

    • February 06, 1998

  • Opinion asking to determine whether sales tax should be paid when leasing a car and again when buying the same car at the end of the lease period and whether such taxation is double taxation.

    • April 05, 2000

  • Opinion concerning the constitutionality of H.4450, a Bill to “Prohibit Ownership, Operation, or Control of Competing Dealerships By a Manufacturer or Franchisor Except Under Certain Circumstances…”

    • June 30, 2005

  • Opinion regarding whether a particular publication meets the requirements of a legal notice.

    • January 22, 2004

  • Opinion concerning the legality of poker tournaments in South Carolina.

    • June 27, 1997

  • Opinion regarding the status and constitutionality of Section 3 of Act No. 748 of 1978 and, more particularly, whether the provision that “the superintendent shall be appointed for a term of three years” can be interpreted to apply only to the initial appointment of a superintendent, or is it to be interpreted as requiring the Board to appoint the superintendent for a three year term not only initially but always and only for a three year term.

    • July 18, 1990

  • Opinion concerning a situation in which a person leased a lot on which was erected the lessee’s legal residence. The lessee meets the qualifications for the homestead exemption. The lessee assigned the lease to another, however, alleges that the residence was not transferred. This opinion addresses whether the homestead exemption continues.

    • May 22, 1992

  • Opinion concerning what number of votes would constitute a majority of a legislative delegation when voting on appointments.

    • March 02, 1989

  • Opinion concerning whether a dual office holding situation exists if a member of a county board of social services simultaneously serves on a district school board of trustees.

    • May 23, 2006

  • Opinion regarding disclosure of sheriff’s office internal affairs investigations under the South Carolina Freedom of Information Act (“FOIA”) and the demand by the media for “full disclosure.”

    • March 17, 1986

  • AGO 1986-116

    • October 31, 1986

  • AGO 1986-48

    • May 02, 1985

  • AGO 1985-28

    • August 20, 2003

  • Opinion asking our Office to review the applicable statutes of South Carolina to determine if the “equal or stricter” standard is met regarding states which have concealed weapons permit issuing standards.

    • December 06, 2010

  • Opinion concerning the definition of the “unlawful use of a controlled substance” within the context of the regulations promulgated by the Department of Public Safety pertaining to the certification of law enforcement officers.

    • June 28, 1995

  • Opinion questioning when emergency medical personnel that are trained to take blood samples are present, is an ambulance considered a licensed medical facility as it relates to Section 56-5-2950 of the S.C. Code of Laws?

    • November 19, 1992

  • Opinion concerning whether it is statutorily and constitutionally permissible for Barnwell County to hold all appointments to the Board, to the exclusion of Aiken County if Aiken County did not contribute to the Board’s budget.

    • October 05, 1993

  • Opinion regarding what action would be required to finalize a change in form of government for counties and municipalities.

    • June 24, 2002

  • Opinion asking whether a Health Services District may legally make a political contribution to a State candidate or State political action committee; or whether a Health Services District may establish a separate segregate fund to be utilized for political purposes pursuant to U.S.C. § 441b(b)(2)(C).

    • February 01, 1985

  • AGO 1985-100

    • October 09, 1992

  • Opinion asking interpretation of new § 31-13-445, which provides “No more than twenty percent of trust fund monies expended in a fiscal year may be for projects in any one county.”

    • January 03, 2013

  • Opinion asking, is the City of Mullin’s Ordinance number 11-304 enforceable under South Carolina law?

    • October 20, 2011

  • Opinion concerning sections 12-37-930 and 12-37-3140 of the South Carolina Code (2000 & Supp. 2010). Specifically, you have asked whether section 12-37-930 requires that property be valued for tax purposes using the “market approach,” which is also known as the sales comparison method.

    • April 13, 1998

  • Opinion regarding the legality of enacting legislation concerning the elimination of modular housing from a neighborhood zoned “R1” or “Single Family Dwelling.”

    • March 15, 1973

  • AGO 1973-618

    • June 05, 2006

  • Opinion regarding legislation R. 311, dealing with the State Law Enforcement Training Council.

    • January 13, 1988

  • AGO 1988-30

    • September 27, 1996

  • Opinion questioning if the Mayor of Pawley’s Island had the authority to hire a Mr. Kosko, an attorney who has worked with the town government but whose status has never been made clear, and who is now attempting to bill the town for $50,000 worth of services.

    • August 05, 2011

  • Opinion concerning whether the State Election Commission has the authority to contract with the vendor that is developing the new statewide voter registration system for the purpose of marketing the system to other states.

    • February 06, 1995

  • Opinion inquiring as to whether a dealer in precious metals who engages in business at a flea market could ever meet the requirements of permanency and be issued a permit pursuant to the South Carolina Code of Laws § 40-54-20 (Supp. 1993).

    • February 06, 1975

  • AGO 1975-85

    • March 31, 2006

  • Opinion regarding the constitutionality of Section 12 on H.4427, as it appears to invest legislative power in the executive branch of State government by delegating to the DOI the ultimate authority to convert this bill into law.

    • December 16, 1991

  • Opinion concerning the authority of the General Assembly to enact legislation to allow the Lancaster County Superintendent of Education to be elected.

    • April 07, 2008

  • Opinion regarding sentencing after a post conviction relief hearing. Can an individual receive a longer sentence than his original sentence?

    • December 03, 1990

  • Opinion concerning whether the Richland County Recreation Commission, as a special purpose district created by the General Assembly, has the legal authority to sell property which has been purchased by or donated to the Commission.

    • April 03, 2007

  • Opinion on the validity of an individual employed with a State or Government Agency, he/she could not be nominated to fill a position on the SC Board of Funeral Service.

    • May 31, 1989

  • Opinion concerning the constitutionality of H.3336, R-180. This ratified bill amends Section 5-31-210 of the Code of Laws of South Carolina (1976) to permit a municipality of a population of 50,000 or less persons according to the 1980 official census with boards of commissioners of public works founded after 1920 to add two additional members to the board of public works.

    • January 03, 1972

  • AGO 1972-10

    • October 08, 1998

  • Opinion concerning whether a dual office holding situation exists if a magistrate simultaneously serves on the Commission for Minority Affairs.

    • September 23, 2011

  • Opinion regarding a conflict of interest. Specifically, whether seeking appointment for the open position on the Spartanburg County Commission for Technical and Community Education, while “currently employed as Director of Nursing for Fortis College in Columbia” which is a “for-profit institution” and is “in direct competition with Spartanburg Community College in that both institutions compete for nursing students.”

    • October 27, 2006

  • Opinion concerning the constitutionality of the 2006 amendments to section 12-37-670 of the South Carolina Code.

    • May 04, 1993

  • Opinion questioning who has the authority in Beaufort County to determine what costs are to be collected as the result of the levy, seizure, and sale of property for delinquent taxes.

    • August 07, 1990

  • Opinion concerning whether advisory opinions concerning legislative ethics requested from and issued by the House of Representatives Legislative Ethics Committee pursuant to House rule 4.16 (a) (1) are confidential.

    • April 23, 2007

  • Opinion questioning whether S.C. Code Ann. 40-18-20, 40-18-30 and 40-18-70 require an individual or company now selling their services in South Carolina as “computer forensics” experts top secure licenses as private investigators.

    • June 28, 1995

  • Opinion concerning whether a dual office holding situation exists if a deputy coroner simultaneously serves as a member of county council.

    • August 08, 1991

  • Opinion concerning whether or not, under State Law, a law enforcement agency could order handguns through a South Carolina retail pistol dealer and have the weapons shipped directly to the agency from the manufacturer or distributor.

    • February 01, 1996

  • Opinion regarding whether the Job Development Fee provisions of the Enterprise Zone Act satisfy the public purpose test enunciated in