171 official opinions issued by the South Carolina Attorney General.
Opinion on whether a nonprofit organization spearheading a taxable public-private development can be denied consideration for tax incentives based solely upon the nonprofit's tax-exempt status. Read Full Opinion
May 2, 2025
Back to Opinions Archive MAY 02, 2025 Requested by: Requested by The Honorable Kambrell H. Garvin, Member, South Carolina House of Representatives. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 1154…
Opinion clarifying the March 27, 2025 opinion to the South Carolina Commissioner on Agriculture and Chair of the Agriculture Commission of South Carolina. Read Full Opinion
May 1, 2025
Back to Opinions Archive MAY 01, 2025 Requested by: Requested by S. Jahue Moore, Esquire, Attorney for the South Carolina Corn Board. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.…
Opinion addressing issues concerning mileage, per diem, and subsistence for members of local foster care review boards. Read Full Opinion
Apr 28, 2025
Back to Opinions Archive APR 28, 2025 Requested by: Requested by Shayla R. Hayes, General Counsel, South Carolina Department of Children's Advocacy. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 115…
Opinion addressing Clarendon County Council's authority to approve or decline a proposed school district budget. Read Full Opinion
Apr 15, 2025
Back to Opinions Archive APR 15, 2025 Requested by: Requested by C.D. Rhodes, III, Esquire, Attorney for Clarendon County. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 Of…
Opinion addressing the applicability of minimum standards for law enforcement agencies to magistrates and their constables. Read Full Opinion
Apr 10, 2025
Back to Opinions Archive APR 10, 2025 Requested by: Requested by The Honorable Jonathan D. Anders, Chief Magistrate, Greenville County. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, …
Opinion addressing whether a nonconformity necessarily terminates when a lot is subdivided. Read Full Opinion
Mar 31, 2025
Back to Opinions Archive MAR 31, 2025 Requested by: Requested by The Honorable Robert Krouse, Mayor, Town of Surfside Beach. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 …
Opinion seeking clarification on the handling of assessments under the Agricultural Commodities Marketing Act (The Act). S.C. Code Ann. §§ 46-17-10, et seq. (Rev. 2017). Read Full Opinion
Mar 27, 2025
Back to Opinions Archive MAR 27, 2025 Requested by: Requested by The Honorable Hugh E. Weathers, Commissioner, South Carolina Department of Agriculture, and Frances H. Price, Chair, Agriculture Commission of South Carolina. Read Full Opinion Back to Opinions Archive facebook twit…
Opinion addressing application of 2025-2026 Budget Provisos Sections 8.4 and 100.1 to a proposed lease agreement. Read Full Opinion
Mar 17, 2025
Back to Opinions Archive MAR 17, 2025 Requested by: Requested by William "Deebo" Kelly III, General Counsel, Office of Adjutant General. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia,…
Opinion regarding the ability of a municipality to retain a law firm to serve as outside city attorney on a contractual basis and to clarify any dual-office holding implications. Read Full Opinion
Mar 17, 2025
Back to Opinions Archive MAR 17, 2025 Requested by: Requested by The Honorable George E. "Chip" Campsen III, Chairman, South Carolina Fish, Game and Forestry Committee. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan…
Opinion addressing whether the Family Privacy Protection Act requires the production of personal information to third-party entities who seek the information for the purpose of continuing education notification. Read Full Opinion
Mar 12, 2025
Back to Opinions Archive MAR 12, 2025 Requested by: Requested by Susan M. Boone, Esquire, General Counsel and Deputy Director, South Carolina Department of Labor, Licensing and Regulation. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Addres…
Opinion addressing whether a referendum that is to be held at the "time of the general election" in S.C. Code Section 4-37-30(A)(2) is authorized to be held in both odd and even-numbered years. Read Full Opinion
Feb 26, 2025
Back to Opinions Archive FEB 26, 2025 Requested by: Requested by Virginia Merck-Dupont, Attorney for the County of Lancaster. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211…
Opinion on whether members of the Charleston County Library Board of Trustees are required to take an oath of office, specifically to the State Constitution. Read Full Opinion
Feb 13, 2025
Back to Opinions Archive FEB 13, 2025 Requested by: Requested by The Honorable Matt Leber, Member, South Carolina Senate. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 Off…
Opinion addressing municipal annexation and issues related to comprehensive plans and zoning. Read Full Opinion
Feb 10, 2025
Back to Opinions Archive FEB 10, 2025 Requested by: Requested by The Honorable Thomas E. Pope, Speaker pro Tempore, South Carolina House of Representatives. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O.…
Opinion regarding the authority of a Manufacturer, Wholesaler, Distributor, or its subsidiaries to sell vehicles outside of the franchise dealership network. Read Full Opinion
Feb 7, 2025
Back to Opinions Archive FEB 07, 2025 Requested by: Requested by The Honorable Shane Massey, Member, South Carolina Senate. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 O…
Opinion regarding the legality of the State or its subdivisions entering into so-called "indemnification agreements" whereby the State agrees to "hold harmless" another entity. Read Full Opinion
Jan 21, 2025
Back to Opinions Archive JAN 21, 2025 Requested by: Requested by Mark Brandenburg, General Counsel, the Citidel. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 Office Addre…
Opinion addressing a mayor's authority to hire persons for administrative positions without council approval and council's authority to amend the municipality's budget in response in a mayor-council form of municipal government. Read Full Opinion
Jan 14, 2025
Back to Opinions Archive JAN 14, 2025 Requested by: Requested by Peter Balthazor, Esq., Attorney for the Town of Blythewood. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 …
Opinion addressing a county billing a municipality for 911 system services and housing municipal inmates. Read Full Opinion
Jan 3, 2025
Back to Opinions Archive JAN 03, 2025 Requested by: Requested by Chief Tyrone Smith, Varnville Police Department. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 Office Addr…
Opinion regarding the applicability of the South Carolina Consolidated Procurement Code, S.C. Code Ann. Sections 11-35-10 et seq. Read Full Opinion
Dec 23, 2024
Back to Opinions Archive DEC 23, 2024 Requested by: Requested by the Honorable G. Murrell Smith Jr., Speaker of the House, South Carolina House of Representatives. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wils…
Opinion addressing whether a trespass notice can support elements of a charge of burglary in the third degree. Read Full Opinion
Dec 16, 2024
Back to Opinions Archive DEC 16, 2024 Requested by: Requested by Chief Lawrence Wiggins, Allendale Police Department. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 Office …
Opinion addressing the operation of a golf cart pursuant to Section 56-2-105 of the South Carolina Code on a municipal street and is also part of a primary highway under the state highway system. Read Full Opinion
Dec 16, 2024
Back to Opinions Archive DEC 16, 2024 Requested by: Requested by Christopher Mooney, Chief of Police, Town of Harleyville. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 Of…
Opinion addressing a municipality’s ability to contract with a private entity to enforce municipal parking ordinances. Read Full Opinion
Nov 15, 2024
Back to Opinions Archive NOV 15, 2024 Requested by: The Honorable Larry K. Grooms, Member, South Carolina Senate Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 Office Addre…
Opinion discussing the validity of a municipal disorderly conduct ordinance as applied to students engaged in fighting on school grounds. Read Full Opinion
Nov 7, 2024
Back to Opinions Archive NOV 07, 2024 Requested by: Kathy Harveston, Captain, Rock Hill Police Department Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 Office Address Remb…
Opinion addressing rates for inmate calling services and collection of a surcharge pursuant to Budget Proviso 65.25 under the 2024-2025 Appropriations Act. Read Full Opinion
Oct 24, 2024
Back to Opinions Archive OCT 24, 2024 Requested by: Requested by Bryan P. Stirling, Director, South Carolina Department of Corrections. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, …
Opinion addressing the constitutionality of a county sponsoring a private dam owner's federal grant application under the HHPD program. Read Full Opinion
Oct 16, 2024
Back to Opinions Archive OCT 16, 2024 Requested by: Requested by David A. Root, Esq., Attorney for Oconee County. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 Office Addr…
Opinion addressing the use of search warrant forms outside of those approved by the Attorney General. Read Full Opinion
Oct 14, 2024
Back to Opinions Archive OCT 14, 2024 Requested by: Requested by The Honorable Judge Matthew R. Mulholland, Ministerial Recorder, City of Greer. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 C…
Opinion addressing the application of the Infrastructure Maintenance Fee to trailers. Read Full Opinion
Oct 7, 2024
Back to Opinions Archive OCT 07, 2024 Requested by: Requested by Mr. Adam J. Neil, Deputy Director, Tax Policy Services, South Carolina Department of Revenue. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.…
Opinion addressing enforcement authority regarding a telephone cooperative's failure to follow corporate formalities. Read Full Opinion
Sep 24, 2024
Back to Opinions Archive SEP 24, 2024 Requested by: Requested by The Honorable Cody T. Mitchell, Richard L. Yow and Patricia Moore Henegan, Members, South Carolina House of Representatives. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Addre…
Opinion addressing issues related to Fiscal Year 2024-2025 Budget Proviso 1.49 and Budget Proviso 1.118. Read Full Opinion
Sep 20, 2024
Back to Opinions Archive SEP 20, 2024 Requested by: Requested by Dr. Jerome P. Singleton, Commissioner, S.C. High School League. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29…
Opinion addressing whether the distribution, sale and possession of non-alcoholic beverages containing hemp-derived THC with concentrations of delta-9 THC not more than 0.3% are legal in South Carolina. Read Full Opinion
Sep 16, 2024
Back to Opinions Archive SEP 16, 2024 Requested by: Requested by The Honorable G. Murrell Smith Jr., Speaker, South Carolina House of Representatives. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 1…
Opinion regarding the registration, license and use of utility task vehicles (UTVs) in South Carolina. Read Full Opinion
Sep 12, 2024
Back to Opinions Archive SEP 12, 2024 Requested by: Requested by Major Jason Budreau, Greenwood Police Department. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 Office Add…
Opinion addressing eligibility requirements for trust fund recipients under the Working Farmland Protection Fund, S.C. Code, Section 48-59-150. Read Full Opinion
Sep 12, 2024
Back to Opinions Archive SEP 12, 2024 Requested by: Requested by Sterling M. Busbee, Esquire, on behalf of the South Carolina Conservation Bank. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 C…
Opinion addressing an elector's eligibility to vote in specific races after changing residence between a primary election and an ensuing runoff election. Read Full Opinion
Aug 23, 2024
Back to Opinions Archive AUG 23, 2024 Requested by: Requested by Mr. Howard M. Knapp, Executive Director, South Carolina Election Commission. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Colu…
Opinion addressing a municipal elections commission's responsibility regarding voter records when the municipality adopts a redistricting map. Read Full Opinion
Aug 22, 2024
Back to Opinions Archive AUG 22, 2024 Requested by: Requested by The Honorable N. Daniel Gibson, Member, South Carolina House of Representatives. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 …
Opinion addressing police jurisdiction at county detention centers. Read Full Opinion
Aug 22, 2024
Back to Opinions Archive AUG 22, 2024 Requested by: Requested by Captain Nick Gallum, Aiken County Sheriff's Office. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 Office A…
Opinion addressing several questions regarding the Robert Smalls Monument Commission. Read Full Opinion
Aug 13, 2024
Back to Opinions Archive AUG 13, 2024 Requested by: Requested by David K. Avant, General Counsel, South Carolina Department of Administration. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Col…
Opinion addressing a municipalities acceptance of a proposed dedication of roads and its responsibilities in accepting the dedication. Read Full Opinion
Aug 1, 2024
Back to Opinions Archive AUG 01, 2024 Requested by: Requested by William H. Johnson, Esq., attorney for the Town of Santee. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 O…
Opinion addressing whether religious affiliated institutions must be given the same consideration as non-religious candidates for funding from governmental entities, if religious practices and ceremonies are not included in the proposal.” Read Full Opinion
Jul 31, 2024
Back to Opinions Archive JUL 31, 2024 Requested by: Requested by The Honorable Kambrell Garvin, Member, South Carolina House of Representatives. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 C…
Opinion on “the ability of the South Carolina State Ports Authority (“Ports Authority”) to dispose of certain real property after acquiring the property via its equivalent power to eminent domain." Read Full Opinion
Jul 31, 2024
Back to Opinions Archive JUL 31, 2024 Requested by: Requested by The Honorable G. Murrell Smith Jr., Speaker of the House, South Carolina House of Representatives. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wils…
Opinion addressing proposed ordinance relating to requesting legal advice from a city attorney. Read Full Opinion
Jul 18, 2024
Back to Opinions Archive JUL 18, 2024 Requested by: Requested by Mr. Charlie Funderburk, City Manager, Tega Cay. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 Office Addre…
Opinion addressing a county’s ability to fund road construction and maintenance by creating a special tax district. Read Full Opinion
Jul 16, 2024
Back to Opinions Archive JUL 16, 2024 Requested by: Requested by Mr. Gary Mixon, Sumter County Administrator. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 Office Address …
Opinion on dual office holding (serving as both Executive Director of the Chester Metropolitan District and as a commissioner with the Chester Soil and Water Conservation District). Read Full Opinion
Jul 16, 2024
Back to Opinions Archive JUL 16, 2024 Requested by: Requested by Mr. Fred Castles, Executive Director of the Chester Metropolitan District. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columb…
Opinion addressing a board of education's ability to close a school by defunding the school through its annual budget process. Read Full Opinion
Jul 15, 2024
Back to Opinions Archive JUL 15, 2024 Requested by: Requested by The Honorable Ronnie A. Saab, Member, South Carolina Senate. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211…
Opinion interpreting Section 38-53-170(e) pertaining to bond premium requirements considering the 2023 bond reform legislation. Read Full Opinion
Jun 17, 2024
Back to Opinions Archive JUN 17, 2024 Requested by: Requested by The Honorable B. Lee Miller, Municipal Judge, City of Greenwood. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 2…
Opinion addressing whether the Uptown Greenwood Local Development Corporation is a public body because it is supported in part by public funds. Read Full Opinion
Jun 4, 2024
Back to Opinions Archive JUN 04, 2024 Requested by: Requested by James Graham Padgett, III, Attorney for the City of Greenwood. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 292…
Opinion addressing issues related to disclosure of public records specific to the South Carolina Criminal Justice Academy. Read Full Opinion
May 31, 2024
Back to Opinions Archive MAY 31, 2024 Requested by: Requested by Director Lewis J. Swindler Jr., South Carolina Criminal Justice Academy. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia…
Opinion addressing whether a school district may make mid-year budget transfers without the approval of its board. Read Full Opinion
May 6, 2024
Back to Opinions Archive MAY 06, 2024 Requested by: Requested by Ms. Rebecca Blackburn Hines, Board Chair, Board of Trustees, Lexington-Richland County School District Five. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable…
Opinion addressing issues related to maintenance and improvements to privately owned dirt roads, or, alternatively, public dedication of such roads into a county road system. Read Full Opinion
Apr 30, 2024
Back to Opinions Archive APR 30, 2024 Requested by: Requested by Mr. Gary M. Mixon, Administrator, Sumter County. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 Office Addr…
Opinion on whether a lottery ticket delivery service may operate legally in South Carolina. Read Full Opinion
Apr 17, 2024
Back to Opinions Archive APR 17, 2024 Requested by: Requested by The Honorable Christopher J. Murphy, Member, South Carolina House of Representatives. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 1…
Opinion addressing whether a specific statutory requirement to hold office as a probate judge in S.C. Code Section 14-23-1040 is enforceable. Read Full Opinion
Apr 15, 2024
Back to Opinions Archive APR 15, 2024 Requested by: Requested by The Honorable Brenda S. Griffith, Probate Judge, Saluda County. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29…
Opinion addressing whether state employee payroll deductions of the cost of a wellness plan are authorized under S.C. Code Section 8-11-80. Read Full Opinion
Mar 29, 2024
Back to Opinions Archive MAR 29, 2024 Requested by: Requested by The Honorable Bill Herbkersman, Member, South Carolina House of Representatives. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 …