South Carolina Attorney General Opinions

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



Cantidad de documentos en esta fuente: 6124

November 06, 1991

  • Opinion concerning whether the Department of Corrections is required to have a general contractor’s license if the Department builds a ninety-six bed work camp at a cost of approximately $500,000 to the counties.

    • June 06, 1989

  • Opinion asking as to whether the City of Anderson may become a member of the Greenville Transit Authority without regard to whether the Count of Anderson is a member.

    • September 17, 2007

  • Opinion as to whether allowing business owners in the corporate limits of Blackburg to post flags with the business name and address on them on lamp posts on the sidewalk constitutes as a violation of S.C. Code Ann. section 57-25-10.

    • January 26, 1972

  • AGO 1972-58

    • April 18, 2013

  • Opinion regarding the authority of National Park Service Rangers (“Rangers”) at a National Park site to issue South Carolina Uniform Traffic Tickets (“UTT”) for violations on federal property.

    • April 05, 1991

  • Opinion concerning whether a dual office holding situation exists if a magistrate simultaneously serves as a member of the Board of the Greenville Hospital System.

    • September 07, 2011

  • Opinion asking whether the Greenville Legislative Delegation must “use the weighted vote of the entire Delegation, or may we use the weighted vote of a quorum, present and voting, to determine the outcome of a motion.”

    • July 01, 2011

  • Opinion questioning whether “a member of the Oconee County School Board, as a holder of an office of honor and profit, [can] also serve as a member of the Oconee County Parks, Recreation and Tourism Commission, as established by Oconee County Ordinance 2011-12.”

    • August 13, 1996

  • Opinion regarding the authority of the city council concerning the municipal court, considering that “the Municipal Court System of Rock Hill has encountered numerous problems recently…”, “the Rock Hill Municipal Court System has been under the direct control of the Human Resource Director for the past several years and recently the City Manager has assumed its control…”, and “some Council members feel that all court personnel should, by law, be hired by and report directly to the Counsel.”

    • May 02, 1988

  • AGO 1988-94

    • October 02, 2012

  • Opinion asking whether an instructor at the South Carolina Criminal Justice Academy (CJA) who, by virtue of that position, holds a state constable commission and is certified as a Class 3 law enforcement officer may also work part-time performing the duties of a deputy coroner.

    • November 14, 2007

  • Opinion on whether the Election Commission is required to provide social security numbers on lists of potential jurors.

    • April 06, 1998

  • Opinion asking as to the constitutionality of H.4695.

    • February 22, 1996

  • Opinion regarding the use of drug dogs at public schools to sniff out narcotics in lockers or in the student’s personal possession.

    • July 26, 1974

  • AGO 1974-230

    • April 11, 2003

  • Opinion concerning service of process in civil matters. Specifically, service of process in claim and delivery actions pursuant to S.C. Code Ann. §§22-3-1310 et seq.

    • September 24, 1990

  • Opinion concerning whether interest income on the investment of taxes levied to retire bond debt can be expended for purposes other than to retire the bond debt?

    • June 02, 1999

  • Opinion questioning whether the provisions of S.C. Code Ann. § 56-5-2953 (Supp. 1998) are applicable to non-SLED provided breath site videotaping devices.

    • June 06, 2002

  • Opinion regarding the scope of S.C. Code Ann. § 23-1-225. Specifically, “[d]oes the section allow for retirees to retain their assigned weapon alone? … [and] … are the rights and privileges in retired status the same as with other retirees?”

    • May 04, 1999

  • Opinion asking whether the number of favorable votes in a meeting of the Berkeley County Legislative Delegation meets the statutory requirements for appointment of an individual to the Commission.

    • August 05, 2010

  • Opinion concerning Cherokee County’s (the “County’s”) use of sales and use tax proceeds collected pursuant to the Cherokee County School Bond-Property Tax Relief Act.

    • December 11, 1990

  • Opinion concerning whether the Department of Wildlife and Marine Resources’ distribution of the tax allocated under Section 12-27-390 is restricted to counties or if it may remit the funds to other political entities.

    • May 31, 1996

  • Opinion questioning a possible conflict of interest, recusal from discussion and voting, and the like, if you were to serve on two commissions and whether there would be any prohibition against concurrently serving on The South Carolina Commission for the Blind and the South Carolina State Independent Living Council.

    • June 19, 1987

  • AGO 1987-144

    • July 19, 2013

  • Opinion as to whether two applicants—one employed as a Code Enforcement Officer for the Spartanburg County Sheriff’s Department and another employed as a State Trooper at the South Carolina Department of Public Safety—would be permitted to serve as a fire commissioner on a Special Purpose Fire District given the South Carolina Constitution’s prohibition on dual office holding.

    • June 28, 1991

  • Opinion concerning whether or not the Freedom of Information Act applies to a search committee of a state university, which committee is searching for or interviewing candidates to fill a “public figure” type office. The opinion also addresses whether the Freedom of Information Act can be properly construed to allow recessing and reconvening of executive sessions between cities or across the continent without giving additional notice.

    • September 25, 1989

  • Opinion concerning whether the State or any of its political subdivisions can retain interest earned on funds deposited with magistrates in payment of fines or as bail.

    • June 22, 1976

  • AGO 1976-60

    • February 12, 1996

  • Opinion regarding the status of the Town of Reidville and the community’s interest in reviving the Town as an incorporated or chartered town and holding elections to fill all the vacant town offices.

    • May 04, 2000

  • Opinion informing this office that in 1994, the Beaufort County Election Commission and the Beaufort County Registration Board were merged into a single entity named the Beaufort County Board of Elections and Registrations.

    • March 06, 1990

  • Opinion requesting an interpretation of Section 22-8-40(B) of the Code, a provision in Act No. 678 of 1988 concerning the number of magistrates in a county.

    • November 02, 1992

  • Opinion regarding proviso 129.35 of the 1992-93 Appropriations Act, Act No. 501 of 1992 and instances in which state employees are allowed to accumulate frequent flier miles for personal use when traveling on official state business.

    • February 26, 1996

  • Opinion concerning whether a chief of police or head of a law enforcement agency can enact and enforce a policy and procedure prohibiting a certified officer from working in an establishment that sells alcoholic beverages.

    • August 12, 1994

  • Opinion questioning whether or not S.C. Code Ann. §6-7-830 (Supp. 1993) has been superseded or preempted by the Federal Fair Housing Amendments Act of 1988 (FHAA), 42 U.S.C. §3601, et seq.

    • April 05, 2013

  • Opinion asking is a particular candidate eligible to represent a Congressional District on the Board of Trustees of the Medical University of South Carolina when his wife owns (in her name only) a residence registered as her primary residence in a Congressional District other than his?.

    • August 09, 2012

  • Opinion regarding water and sewer rates for the Richland-Lexington Airport District (“Airport District”).

    • June 08, 1999

  • Opinion asking whether a district commissioner of the South Carolina Department of Transportation may be elected to and serve a second consecutive four-year term.

    • April 22, 2005

  • Opinion questioning whether being a member of the Union County Drug and Alcohol Commission and elected to serve on the Lockhart Town Council constitutes dual office holding.

    • October 31, 1994

  • Opinion addressing two scenarios regarding whether a scrap metal dealer can legally purchase copper from an individual with questionable identification.

    • November 04, 2005

  • Opinion questioning the authority of the York City Council to extend its terms through an ordinance which would extend four council seats set to expire in April, 2006 for an additional eighteen months.

    • April 03, 1991

  • Opinion concerning whether a Sheriff is barred by the decisions of the previous sheriff, or if the new Sheriff may regain hiring and supervisory authority over bailiffs.

    • January 22, 1991

  • Opinion concerning whether a State Historic Preservation Officer may invoke the authority of Section 106 of the National Historic Preservation Act to effectively veto DHEC permits issued under state law.

    • November 02, 1993

  • Opinion concerning the State’s potential liability in situations where a third party is exposed to a bloodborne pathogen as a result of having come into contact with contaminated bodily fluids at an accident or crime scene.

    • June 11, 1985

  • AGO 1985-133

    • November 30, 1973

  • AGO 1973-513

    • October 16, 1986

  • AGO 1986-57

    • February 04, 1997

  • Opinion asking “whether the statute concerning custody of the jail being the responsibility of the board of commissioners in Sumter County is current and applicable.”

    • September 04, 1986

  • AGO 1986-9

    • June 24, 1991

  • Opinion concerning whether proprietary schools of real estate are no longer subject to licensure by the State Board of Education under the terms of Act No. 12, 1991 S.C. Acts 16.

    • September 05, 2007

  • Follow-up to a July 6, 2007 opinion. “You are particularly concerned with our response to a second question concerning the use of weighed voting by the Senate in passing the House Bill 3782.