South Carolina Attorney General Opinions

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

Cantidad de documentos en esta fuente: 6124

May 07, 1991

Opinion concerning whether the House Rules are applicable to lobbyists’ activities that occur outside of the capitol grounds.

July 31, 1992

Opinion concerning whether a dual office holding situation exists if a probation and parole agent simultaneously serves on the Clarendon County District Two school board.

January 23, 2002

opinion asking if the Mayor the City of Spartanburg can simultaneously sever as Mayor of Spartanburg and as a member of the Education Oversight Committee violates the South Carolina’s Constitution prohibition against dual office holding.

August 21, 2008

Opinion questioning whether the Bamberg city ordinance prohibiting an open container can be enforced in a parking lot that is not posted pursuant to S.C. Code Ann. § 23-1-15.

October 01, 1996

Opinion seeking as to whether the Croft Fire District is a political subdivision of the State for the purposes of Title 8, Chapter 7, S.C. Code Ann. (1995 Supp.).

March 31, 2022

October 10, 1989

Opinion relative to government volunteers and Workers’ Compensation Coverage.

March 09, 2012

Opinion regarding 2012 S.C. Acts 155, §1 (R. 122, H. 3895) (the “Act”), which became effective on February 1, 2012, upon approval by the Governor. The Act amends S.C. Code Ann. §17-15-20 so as to provide that an appearance bond is valid for a certain time period in circuit and magistrate or municipal courts under certain circumstances, and also provides for a procedure to relieve the surety of liability when the time period has run.

February 23, 2000

Opinion asking whether the Clerk of Court has control of Courthouse property.

February 12, 1987

February 17, 2011

Opinion concerning the portion of Act 86 of 2009 which requires school districts to maintain a transaction register of funds expended on the district’s website.

September 10, 2010

Opinion as to whether the performance of those duties pursuant to a management contact would constitute dual office holding in violation of the State Constitution.

May 24, 1995

Opinion concerning a letter forwarded to the Attorney General’s Office by Henry L. Deneen, Chief Legal Counsel for Governor Beasley on the topic of dual office holding and the South Carolina Constitution.

February 28, 2014

Opinion asking does S.C. Code 4-5-130 allow for the Commission to direct the named surveyors to compile a plat of area proposed to be annexed and may the Commission waive the requirement that “such surveyors shall clearly mark the proposed change of the lineup the land? And what effect does Article VII, Section 14 of the State Constitution have on the proposed Daniel Island annexation in light of the location of the present corporate limits of the City of Charleston?

June 02, 1975

December 11, 2006

Opinion questioning whether or not a group called, Choose Children First, who joined other organizations for a voter registration drive with promises of cash prizes via lottery style drawings complies with state law.

August 15, 1997

Opinion asking whether the Union County School Board has the power to increase their per diem pay or if that power rests with the Union County Legislative Delegation.

January 27, 2004

Opinion regarding a possible dual office holding situation where a current Commissioner was “hired by Charleston County as the Director of Elections and Voter Registration.”

May 24, 1995

Opinion inquiring whether it is proper for a commissioner of the Croft Fire District to reject a proposed budget as written by the Fire Chief and inform the Chief that the Commissioner will write the budget himself.

March 25, 1985

November 13, 1987

October 04, 1995

Opinion regarding the blue laws status of a business which is divided by two counties, with one county recognizing state blue laws while the other county has relaxed blue laws.

January 23, 1989

Opinion addressing four questions related to a county’s ability to impose an equal, county-wide tax on its industrial community, replacing the current individual industrial millage for each district.

May 25, 2004

Opinion concerning the authority of the State Election Commission (SEC) to procure the implementation of a Uniform Statewide Voting System for South Carolina.

October 04, 1995

Opinion concerning the dissemination of social security numbers which appear in documents in the office of the Clerk of Court.

June 16, 1993

Opinion concerning the constitutionality of H.4218, R-269, an act establishing the Board of Election and Registration for Union County.

April 10, 2014

Opinion concerning several issues related to the expungement of criminal records.

January 24, 1985

September 11, 1986

January 08, 1987

August 25, 1997

Opinion referencing Act No. 129 of 1997 (H.3317).

November 27, 2007

Opinion concerning whether a member of the City of Mauldin Planning Commission (the “Planning Commission”) may also serve on the Mauldin Cultural Center Board (the “Board”).

March 19, 1996

Opinion regarding the use of photo-radar in South Carolina and the legality of charging the registered owner for a speeding violation after the photo-radar records a violation.

April 08, 2002

Opinion concerning the interpretation of S.C. Code Ann. Section 14-17-210 which gives the Clerk of Court control of the Courthouse. Specifcally, if the Clerk’s authority applies “to the Circuit Court courtroom, petit jury room, etc., or could it be the

April 04, 2012

Opinion concerning whether an individual’s concurrent service on the Edgefield County Transportation Committee (“Transportation Committee”) and the Board of Directors for the Edgefield County Hospital (“Hospital Board”) violates the constitutional prohibition against dual office holding.

June 25, 2003

Opinion relating to an annexation petition. Specifically, asking can the map be amended prior to the petition being submitted to the Bluffton Town Council and if the map is amended can the people who have already signed the petition ratify the modification to the map.

April 16, 1985

February 22, 2005

Opinion questioning the authority of a private security guard to issue citations for traffic violations in neighborhoods which have adopted the provisions of S.C. Code Ann. §§ 56-5-6310 et seq. (1991 and 2004).

October 26, 1989

Opinion regarding who the State Development Board may work with on a local county level in matters of economic development and under what authority the Board acts.

May 25, 1993

Opinion questioning if a sales clerk of a retail business, properly licensed to legally sell beer and wine, sells beer to an underage individual, has the employee made a “transfer” or “given” as those words are used in S.C. Code Section 61-13-287, and may law enforcement agencies employ or utilize underage individuals to cause “transfers” to be made by sales clerks of lawfully licensed beer and wine retail businesses.

May 24, 2011

Opinion concerning the status of the Town of Whitmore’s (the “Town”) form of municipal government.

April 30, 2012

Opinion “as to whether Article 3 of Chapter 13, Title 6 confers upon the Pioneer Rural Water District of Oconee and Anderson Counties the power to contract for or undertake the construction of new freshwater treatment facilities.”

May 25, 1989

Opinion concerning whether “the exceptions to the old child restraint law still apply to the new law.”

April 07, 2008

Opinion referencing S.C. Code Ann. 56-5-730 and questioning whether such provision establishes a criminal offense, particularly, whether a police officer could issue a ticket under this provision and whether a solicitor could use this statute for plea bargaining.

July 18, 1989

Opinion concerning whether a dual office holding situation exists if a member of Barnwell County Council simultaneously serves on two county boards.

January 17, 1990

Opinion referencing Section 58-25-40(1) of the South Carolina Code of Laws (1976, as amended) and noting that because the Pee Dee Regional Transportation Authority receives funds from the general fund and/or the highway fund, the Authority must have three additional appointees as mandated by the statute on its governing body. This opinion then addresses how the delegations are to appoint these members, how the members are to be appointed among the counties, and so forth.

August 13, 1985

July 03, 1995

Opinion asking the ramifications of the Double Jeopardy Clause (U.S Const. Art. V; South Carolina Const. Art. I Sec. 12) where a defendant is tried in federal court for carjacking and acquitted, and the State tried to try the same defendant for kidnapping and murder.

October 21, 1992

Opinion questioning whether Bamberg County Council or the Bamberg County Legislative Delegation would have authority to appoint the members of the Bamberg County Mental Retardation Board.

July 19, 2022