reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 5 - Secretary Of State › Section 1-5-30. Responsibility for executive records and papers.

The Secretary of State shall, during the absence of the Governor from Columbia, be placed in charge of the records and papers in the executive chamber. He shall keep in Columbia all the books, records and papers belonging thereto.
HISTORY: 1962 Code Section 1-204; 1952 Code Section 1-204; 1942 Code Section 3101; 1932 Code Section 3101; Civ. C. '22 Section 783; Civ. C. '12 Section 699; G. S. 483, 484; R. S. 546, 547; 1786 (4) 751; 1865 (13) 350; 1924 (33) 1182.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 5 - Secretary Of State › Section 1-5-50. Fees for searching or copying records.

The Secretary of State may establish and collect fees, not to exceed the actual cost of searching for or making copies of records. These records must be furnished at the lowest possible cost to the person requesting the records. The agency also may charge a reasonable hourly rate for making records available to the public and require a reasonable deposit of such costs before searching for or making copies of the records. Fees collected pursuant to this section may be retained by the agency and used to defray the expenses associated with purchasing and maintaining computer and telephone facsimile equipment and rent.
HISTORY: 2002 Act No. 356, Section 1, Pt VII.A.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 5 - Secretary Of State › Section 1-5-60. Fees associated with collection of dishonored checks.

The Secretary of State may establish, collect, and retain fees to recover the costs associated with the collection of dishonored checks returned to the agency due to insufficient funds. These fees must be retained and expended by the agency to defray collection expenses and any unused amount must be carried forward to the succeeding fiscal year and used for the same purposes.
HISTORY: 2002 Act No. 356, Section 1, Pt VII.B.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 6 - Office Of The State Inspector General › Section 1-6-20. Office of State Inspector General established; duties; appointment and removal; information and documents.

(A) There is hereby established the Office of the State Inspector General that consists of the State Inspector General, who is the director of the office, and a staff of deputy inspectors general, investigators, auditors, and clerical employees employed by the State Inspector General as necessary to carry out the duties of the State Inspector General and as are authorized by law. The State Inspector General shall fix the salaries of all staff subject to the funds authorized in the annual general appropriation act.
(B) The State Inspector General is responsible for investigating and addressing allegations of fraud, waste, abuse, mismanagement, misconduct, violations of state or federal law, and wrongdoing in agencies.
(C) The Governor shall appoint the State Inspector General with the advice and consent of the Senate for a term of four years. A Governor may reappoint the State Inspector General for additional terms. The State Inspector General's compensation must not be reduced during the State Inspector General's uninterrupted continued tenure in office.
(D) The State Inspector General:
(1) may be removed from office only by the Governor as provided in Section 1-3-240(C);
(2) must be selected without regard to political affiliation and on the basis of integrity, capability for strong leadership, and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, investigation, or criminal justice administration or other closely related fields;
(3) is entitled to receive compensation set by the Governor and approved by the State Fiscal Accountability Authority.
(E) Upon request of the State Inspector General for information or assistance, all agencies are directed to fully cooperate with and furnish the State Inspector General with all documents, reports, answers, records, accounts, papers, and other necessary data and documentary information to perform the mission of the State Inspector General.
(F) Except for information declared confidential under this chapter, records of the Office of the State Inspector General are subject to public inspection under Chapter 4, Title 30.
HISTORY: 2012 Act No. 105, Section 2, eff January 1, 2012.
Code Commissioner's Note
At the direction of the Code Commissioner, the reference in subsection (F) to "Chapter 4 of this title" was changed to "Chapter 4, Title 30".
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 6 - Office Of The State Inspector General › Section 1-6-30. Powers of the State Inspector General.

The State Inspector General may:
(1) initiate, supervise, and coordinate investigations authorized by this chapter;
(2) recommend policies and carry out other activities designed to deter, detect, and eradicate fraud, waste, abuse, mismanagement, misconduct, violations of state or federal law, and wrongdoing in state government;
(3) receive complaints alleging a violation of a statute or rule relating to the purchase of goods or services by a current or former employee, state officer, special state appointee, or person who has a business relationship with an agency;
(4) receive complaints from any individual, including those employed by any agency, alleging fraud, waste, abuse, mismanagement, misconduct, violations of state or federal law, and wrongdoing in an agency;
(5) adopt rules and regulations for administering the Office of the State Inspector General;
(6) offer every employee, state officer, special state appointee, and person who has a business relationship with an agency training in the Rules of Conduct pursuant to Article 7, Chapter 13, Title 8 of the South Carolina Code of Laws;
(7) provide advice to an agency on developing, implementing, and enforcing policies and procedures to prevent or reduce the risk of fraudulent or wrongful acts within the agency;
(8) recommend legislation to the Governor and General Assembly to strengthen public integrity laws; and
(9) annually submit a report to the Governor, President of the Senate, and Speaker of the House of Representatives detailing the State Inspector General's activities.
HISTORY: 2012 Act No. 105, Section 2, eff January 1, 2012; 2019 Act No. 1 (S.2), Section 3, eff January 31, 2019.
Effect of Amendment
2019 Act No. 1, Section 3, in (9), substituted "President of the Senate" for "President Pro Tempore of the Senate".
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 6 - Office Of The State Inspector General › Section 1-6-35. Interscholastic sports competition investigation.

(A) The State Inspector General may only initiate, supervise, and coordinate an investigation of a public school, public school district, public charter school, public charter school authorizer, or voluntary association that establishes and enforces bylaws or rules for interscholastic sports competition for public secondary schools in the State upon the request of:
(1) the Governor;
(2) the State Superintendent of Education; or
(3) the majority of the membership of the legislative delegation of the county in which the subject of the investigation is located, as determined by a weighted vote of that delegation.
(B) A request to investigate pursuant to this section must be transmitted in writing to the Office of the State Inspector General. The request for the investigation must articulate the basis of any alleged wrongdoing.
(C) Any report generating recommendations from the Inspector General regarding investigations conducted pursuant to this section must be transmitted to the State Superintendent of Education, the appropriate legislative delegation, and the chairman of the local board of trustees or the chairman of the charter school authorizer.
(D) By December thirty-first of each year, the Inspector General shall report to the General Assembly the number of requests for investigations that the office has received, the number of investigations requested by each individual or entity making the request, and the status of those requests.
(E) Any information relating to the investigation initiated by the Inspector General shall remain confidential for a period not to exceed ten days after the report is finalized and published.
HISTORY: 2022 Act No. 223 (S.202), Section 1, eff June 17, 2022.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 6 - Office Of The State Inspector General › Section 1-6-40. Mandatory reports of misconduct to Governor, agency head, and law enforcement; agency report of disciplinary and preventative action.

(A) If the State Inspector General has reasonable cause to believe that fraud, waste, abuse, mismanagement, misconduct, or wrongdoing has occurred or is occurring, he must report the suspected conduct to:
(1) the Governor; and
(2) the head of the agency affected by the conduct or employing the person allegedly engaged in the suspected conduct.
(B) In addition to the reporting requirements in subsection (A), if the State Inspector General has reasonable cause to believe that a crime has occurred or is occurring, he must report the conduct to the appropriate state or federal law enforcement agencies and prosecuting authorities that have jurisdiction over the matter.
(C) In addition to fully cooperating with the State Inspector General's investigation, the head of the agency employing a person allegedly engaged in the suspected conduct is responsible for submitting a report to the State Inspector General describing any and all actions taken with the employee and within the agency to prevent the alleged conduct from occurring again.
HISTORY: 2012 Act No. 105, Section 2, eff January 1, 2012.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 6 - Office Of The State Inspector General › Section 1-6-50. Investigatory powers; subpoena; report and advice; civil actions.

The State Inspector General has the following powers:
(A) As part of an investigation, the State Inspector General may:
(1) administer oaths;
(2) examine witnesses under oath;
(3) issue subpoenas and subpoenas duces tecum; and
(4) examine the records, reports, audits, reviews, papers, books, recommendations, contracts, correspondence, or any other documents maintained by an agency.
(B) The State Inspector General may apply to a circuit court for an order holding an individual in contempt of court if the individual refuses to give sworn testimony under a subpoena issued by the State Inspector General or otherwise disobeys a subpoena or subpoena duces tecum issued by the State Inspector General.
(C) For an investigation that results in a report, the State Inspector General must prepare a written report that remains confidential until it is issued as a final report. The State Inspector General is the authority who determines if an investigation requires a report. The State Inspector General, in his discretion, may give an agency advice or recommendations that remain confidential and are not issued as a report.
(D) If the Attorney General has elected not to file a civil action for the recovery of funds misappropriated, diverted, missing, or unlawfully gained, the State Inspector General may file a civil action for the recovery of the funds pursuant to Section 1-6-70 of this chapter.
HISTORY: 2012 Act No. 105, Section 2, eff January 1, 2012.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 6 - Office Of The State Inspector General › Section 1-6-60. Evidence of ethics violation; complaint.

If the State Inspector General investigates and determines that there is specific and credible evidence that a current or former employee, a current or former state officer, a current or former special state appointee, or a person who has or had a business relationship with an agency has violated the code of ethics, the State Inspector General may file a complaint with the Ethics Commission and represent the State in any proceeding before the Ethics Commission.
HISTORY: 2012 Act No. 105, Section 2, eff January 1, 2012.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 6 - Office Of The State Inspector General › Section 1-6-80. Evidence of criminal activity; certification and information to be provided to prosecuting attorney.

(A) If the State Inspector General discovers evidence of criminal activity, the State Inspector General shall certify to the appropriate prosecuting attorney the following information:
(1) the identity of a person who may be involved in the criminal activity; and
(2) the criminal statute that the State Inspector General believes has been violated.
(B) In addition, the State Inspector General must provide the prosecuting attorney with any relevant documents, transcripts, written statements, or other evidence. If the prosecuting attorney decides to prosecute the crime described in the information certified to the prosecuting attorney, or any other related crimes, the State Inspector General must cooperate with the prosecuting attorney in the investigation and prosecution of the case. Upon request of the prosecuting attorney, the State Inspector General may participate on behalf of the State in a resulting criminal trial.
HISTORY: 2012 Act No. 105, Section 2, eff January 1, 2012.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 6 - Office Of The State Inspector General › Section 1-6-90. Toll-free public telephone number for receiving information.

The State Inspector General must establish a toll-free public telephone number for the purpose of receiving information concerning fraud, waste, abuse, mismanagement, misconduct, violations of state or federal law, and wrongdoing in an agency. The phone number must be prominently posted by all agencies, in clear view of all employees and the public, and in a conspicuous location on the agency's Internet website.
HISTORY: 2012 Act No. 105, Section 2, eff January 1, 2012.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 6 - Office Of The State Inspector General › Section 1-6-100. Confidentiality of identity of person reporting information in good faith; public inspection; exception.

(A) If an individual discloses information alleging fraud, waste, abuse, mismanagement, misconduct, violations of state or federal law, and wrongdoing in an agency in good faith to the State Inspector General, the individual's identity is confidential and must not be disclosed to anyone other than the Governor, the staff of the Office of the State Inspector General, or an authority to whom the investigation is subsequently referred or certified, unless:
(1) the State Inspector General makes a written determination that it is in the public interest to disclose the individual's identity; or
(2) the individual consents in writing to disclosure of the individual's identity.
(B) After an investigation is completed and a report is issued pursuant to Section 1-6-50(C), the investigative records of the State Inspector General are subject to public inspection pursuant to Chapter 4 of this title. However, if an individual's identity is confidential pursuant to subsection (A), the individual's identity or any information that reasonably might lead to the discovery of the individual's identity must not be disclosed, except as pursuant to subsection (A) or subsection (E).
(C) This subsection does not apply to a person who is a party to an action brought by the State Inspector General. Information received by the State Inspector General is not required to be produced in the course of discovery, unless ordered by a court after a showing of particularized need and proof that the information requested cannot be obtained from another source.
(D) Except as provided in subsection (E), a person commits the misdemeanor of unlawful disclosure of confidential information if he knowingly or intentionally discloses:
(1) confidential information or records; or
(2) the identity of a person whose identity is confidential under subsection (A).
A person convicted pursuant to this subsection must be fined not more than one thousand dollars or imprisoned not more than one year. If the person convicted is an officer or employee of the State, he must be dismissed from office or employment and is ineligible to hold any public office in this State for a period of five years after the conviction.
(E) A person may disclose confidential information, records, or an individual's identity that is confidential pursuant to subsection (A) if the Governor authorizes the disclosure of this information in the public interest.
HISTORY: 2012 Act No. 105, Section 2, eff January 1, 2012.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-10. Compensation of Attorney General.

The Attorney General shall receive such annual salary as may be provided by the General Assembly.
HISTORY: 1962 Code Section 1-231; 1952 Code Section 1-231; 1942 Code Section 3112; 1932 Code Section 3112; Civ. C. '22 Section 795; Civ. C. '12 Section 710; Civ. C. '02 Section 638; G. S. 495; R. S. 555; 1877 (16) 247; 1880 (17) 372; 1919 (31) 4; 1924 (33) 1182; 1946 (44) 2596; 1948 (45) 1716; 1954 (48) 1566; 1957 (50) 404; 1969 (56) 444; 1973 (58) 623.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-20. Bond of Attorney General.

Before entering upon the duties of his office, the Attorney General shall execute a bond, with two good sureties, to this State in the sum of ten thousand dollars for the faithful discharge of his office.
HISTORY: 1962 Code Section 1-232; 1952 Code Section 1-232; 1942 Code Section 3113; 1932 Code Section 3113; Civ. C. '22 Section 796; Civ. C. '12 Section 711; Civ. C. '02 Section 639; G. S. 496; R. S. 556; 1812 (5) 675.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-30. Appointment of Assistant Attorneys General.

The Attorney General shall appoint the Assistant Attorneys General.
HISTORY: 1962 Code Section 1-232.1; 1952 Code Section 1-232.1; 1942 Code Section 3112; 1932 Code Section 3112; Civ. C. '22 Section 795; Civ. C. '12 Section 710; Civ. C. '02 Section 638; G. S. 495; R. S. 555; 1877 (16) 247; 1880 (17) 372; 1919 (31) 4; 1924 (33) 1182.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-40. Appearance for State in Supreme Court and other courts and tribunals.

He shall appear for the State in the Supreme Court and the court of appeals in the trial and argument of all causes, criminal and civil, in which the State is a party or interested, and in these causes in any other court or tribunal when required by the Governor or either branch of the General Assembly.
HISTORY: 1962 Code Section 1-233; 1952 Code Section 1-233; 1942 Code Section 3114; 1932 Code Section 3114; Civ. C. '22 Section 797; Civ. C. '12 Section 712; Civ. C. '02 Section 640; G. S. 497; R. S. 557; 1868 (14) 88; 1999 Act No. 55, Section 2.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-50. Defense of actions against public officers and employees.

In the event that any officer or employee of the State, or of any political subdivision thereof, be prosecuted in any action, civil or criminal, or special proceeding in the courts of this State, or of the United States, by reason of any act done or omitted in good faith in the course of his employment, it is made the duty of the Attorney General, when requested in writing by any such officer or employee, to appear and defend the action or proceeding in his behalf. Such appearance may be by any member of his staff or by any solicitor or assistant solicitor when directed to do so by the Attorney General.
HISTORY: 1962 Code Section 1-234; 1960 (51) 1627.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-55. Counter-claims, cross-actions, or other actions on behalf of public officers and employees.

When the Attorney General undertakes to defend any civil action or proceeding on behalf of any officer or employee of the State, or of any political subdivision of the State, he may, in his discretion, upon the request of the officer or employee, enter and prosecute a counter-claim, cross-action, or any other appropriate action in the suit on behalf of the officer or employee.
HISTORY: 1984 Act No. 305, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-60. Investigation required prior to defense of actions against public officers and employees; effect of insurance.

Before any such defense, however, is undertaken, an investigation shall be made of the facts on which the action or special proceedings are based and unless, in the opinion of the Attorney General, it appears that the officer or employee was acting in good faith, without malice, and in the course of his employment, the investigation shall proceed no further, nor shall any defense be provided for him by virtue of this section and Section 1-7-50. The investigation herein required to be made may be made by the Attorney General, any member of his staff, or by any solicitor or assistant solicitor when directed to do so by the Attorney General. In the event that it should appear that any such officer or employee is covered by any policy of insurance, under the terms of which the carrier is required to provide counsel, the Attorney General may, in his discretion, make no further investigation and provide no representation for any such party.
HISTORY: 1962 Code Section 1-234.1; 1960 (51) 1627.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-70. Information obtained pursuant to Sections 1-7-50 and 1-7-60 shall be confidential and inadmissible as evidence.

Any and all information obtained by virtue of the provisions of Sections 1-7-50 and 1-7-60 shall be considered confidential and shall not be admissible as evidence in any such action or special proceeding, and no reference thereto shall be made in any such trial or hearing.
HISTORY: 1962 Code Section 1-234.2; 1960 (51) 1627.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-80. Conditions attached to appropriation for Attorney General for expenses of litigation.

The annual appropriation for the Attorney General for the expenses of litigation is subject to the following conditions:
(1) the Attorney General shall conduct all litigation which may be necessary for any department of the state government or any of the boards connected therewith, and all these boards or departments are forbidden to employ any counsel for any purpose except through the Attorney General and upon his advice;
(2) out of this appropriation the Attorney General shall pay for dockets for the several circuit solicitors and those other expenses as he may deem advisable.
HISTORY: 1962 Code Section 1-235; 1952 Code Section 1-235; 1942 Code Section 3194; 1932 Code Section 3194; Civ. C. '22 Section 890; Civ. C. '12 Section 810; 1909 (26) 281; 1992 Act No. 347, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-85. Reimbursement of costs in representing State in criminal proceedings and State and its officers and agencies in civil and administrative proceedings.

Notwithstanding any other provision of law, the Office of the Attorney General may obtain reimbursement for its costs in representing the State in criminal proceedings and in representing the State and its officers and agencies in civil and administrative proceedings. These costs may include, but are not limited to, attorney fees or investigative costs or costs of litigation awarded by court order or settlement, travel expenditures, depositions, printing, transcripts, and personnel costs. Reimbursement of these costs may be obtained by the Office of the Attorney General from the budget of an agency or officer that it is representing or from funds generally appropriated for legal expenses, with the approval of the State Budget and Control Board.
HISTORY: 2008 Act No. 353, Section 2, Pt 10C, eff July 1, 2009.
Code Commissioner's Note
At the direction of the Code Commissioner, reference in this section to the former Budget and Control Board has not been changed pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), until further action by the General Assembly.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-90. Advice to General Assembly and Governor.

The Attorney General shall, when required by either branch of the General Assembly, attend during their sessions and give his aid and advice in the arrangement and preparation of legislative documents and business; and he shall give his opinion upon questions of law submitted to him by either branch thereof, or by the Governor.
HISTORY: 1962 Code Section 1-236; 1952 Code Section 1-236; 1942 Code Section 3119; 1932 Code Section 3116; Civ. C. '22 Section 799; Civ. C. '12 Section 714; Civ. C. '02 Section 642; G. S. 499; R. S. 559; 1868 (14) 88.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-100. Advice to solicitors; attendance at grand jury and trials.

The Attorney General shall consult with and advise the solicitors in matters relating to the duties of their offices. When, in his judgment, the interest of the State requires it he shall:
(1) Assist the solicitors by attending the grand jury in the examination of any case in which the party accused is charged with a capital offense; and
(2) Be present at the trial of any cause in which the State is a party or interested and, when so present, shall have the direction and management of such prosecution or suit.
HISTORY: 1962 Code Section 1-237; 1952 Code Section 1-237; 1942 Code Section 3116; 1932 Code Section 3116; Civ. C. '22 Section 799; Civ. C. '12 Section 714; Civ. C. '02 Section 642; G. S. 499; R. S. 559; 1868 (14) 88.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-110. Advice to State officers and Public Service Commission.

He shall, when required by the Secretary of State, State Treasurer, Adjutant General, Comptroller General, or any other State officer or the Public Service Commission, consult and advise with them, respectively, on questions of law relating to their official business.
HISTORY: 1962 Section 1-238; 1952 Code Section 1-238; 1942 Code Section 3120; 1932 Code Sections 2127, 3120; Civ. C. '22 Sections 88, 802; Civ. C. '12 Sections 78, 717; Civ. C. '02 Sections 75, 645; G. S. 51, 502; R. S. 72, 562; 1868 (14) 88, 89; 1890 (20) 705.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-115. Duties of Division of Securities devolved upon Attorney General.

(A) The duties, functions, and responsibilities of the Division of Securities of the office of the Secretary of State are hereby devolved upon the Attorney General's office on July 1, 1996. All personnel, appropriations, and full-time equivalent positions of the Division of Securities also shall be transferred to the Attorney General's office on July 1, 1996.
(B) The Attorney General shall administer the South Carolina Uniform Securities Act as contained in Chapter 1 of Title 35 of the 1976 Code and shall serve ex officio as the Securities Commissioner.
HISTORY: 1996 Act No. 458, Part II, Section 27A, B.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-117. Duties of Division of Public Charities devolved upon Attorney General.

(A) The duties, functions, and responsibilities of the Division of Public Charities of the office of the Secretary of State are devolved upon the Attorney General's office on July 1, 1996. All personnel, appropriations, and full-time equivalent positions of the Division of Public Charities also are transferred to the Attorney General's office on July 1, 1996.
(B) The Attorney General shall administer the "South Carolina Solicitation of Charitable Funds Act" as contained in Chapter 56 of Title 33 of the 1976 Code.
HISTORY: 1996 Act No. 458, Part II, Section 28A, B.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-120. Action against intruders on property of State.

The Attorney General when, in his judgment, the interest of the State requires it shall file and prosecute information or other process against persons who intrude upon the lands, rights or property of the State or commit or erect any nuisance thereon.
HISTORY: 1962 Code Section 1-239; 1952 Code Section 1-239; 1942 Code Section 3115; 1932 Code Section 3115; Civ. C. '22 Section 798; Civ. C. '12 Section 713; Civ. C. '02 Section 641; G. S. 498; R. S. 558; 1868 (14) 88.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-130. Protection of public charities and prosecution of corporations.

The Attorney General shall enforce the due application of funds given or appropriated to public charities within the State, prevent breaches of trust in the administration thereof and, when necessary, prosecute corporations which fail to make to the General Assembly any report or return required by law.
HISTORY: 1962 Code Section 1-240; 1952 Code Section 1-240; 1942 Code Section 3117; 1932 Code Section 3117; Civ. C. '22 Section 800; Civ. C. '12 Section 715; Civ. C. '02 Section 643; G. S. 500; R. S. 560; 1868 (14) 88; 1950 (46) 2214.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-140. Annual report to General Assembly.

The Attorney General shall annually make a report to the General Assembly of:
(1) the cases argued, tried, or conducted by him in the Supreme Court, the court of appeals, and circuit courts during the preceding year; and
(2) other information in relation to the criminal laws and observations and statements as, in his opinion, the proper and efficient administration of the criminal law requires.
HISTORY: 1962 Code Section 1-241; 1952 Code Section 1-241; 1942 Code Section 3121; 1932 Code Section 3121; Civ. C. '22 Section 803; Civ. C. '12 Section 718; Civ. C. '02 Section 646; G. S. 503; R. S. 563; 1868 (14) 89; 1980 Act No. 462, Section 2; 1985 Act No. 97; 1999 Act No. 55, Section 3.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-150. Accounting to Treasurer; deposit of funds.

(A) The Attorney General shall account to the State Treasurer for all fees, bills of costs, and monies received by him by virtue of his office.
(B) All monies, except investigative costs or costs of litigation awarded by court order or settlement, awarded the State of South Carolina by judgment or settlement in actions or claims brought by the Attorney General on behalf of the State or one of its agencies or departments must be deposited in the general fund of the State, except for monies recovered for losses or damages to natural resources, which must be deposited in the Mitigation Trust Fund, or where some other disposition is required by law.
HISTORY: 1962 Code Section 1-242; 1952 Code Section 1-242; 1942 Code Section 3124; 1932 Code Section 3124; Civ. C. '22 Section 806; Civ. C. '12 Section 721; Civ. C. '02 Section 649; G. S. 506; R. S. 566; 1868 (14) 89; 1998 Act No. 419, Section PT. 2, Section 18.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-160. Hiring of attorneys.

A department or agency of state government may not hire a classified or temporary attorney as an employee except upon the written approval of the Attorney General and at compensation approved by him. All of these attorneys at all times are under the supervision and control of the Attorney General except as otherwise provided by law unless prior approval by the State Budget and Control Board is obtained. This section does not apply to an attorney hired by the General Assembly or the Judicial department.
HISTORY: 2008 Act No. 353, Section 2, Pt 10A, eff July 1, 2009.
Code Commissioner's Note
At the direction of the Code Commissioner, reference in this section to the former Budget and Control Board has not been changed pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), until further action by the General Assembly.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-170. Engaging attorney on fee basis.

(A) A department or agency of state government may not engage on a fee basis an attorney at law except upon the written approval of the Attorney General and upon a fee as must be approved by him. This section does not apply to the employment of attorneys in special cases in inferior courts when the fee to be paid does not exceed two hundred fifty dollars or exceptions approved by the State Budget and Control Board. This section does not apply to an attorney hired by the General Assembly or the judicial department.
(B) A public institution of higher learning shall engage and compensate outside counsel in accordance with policies and procedures adopted by the State Fiscal Accountability Authority for matters of bonded indebtedness, public finance, borrowing, and related financial matters.
HISTORY: 2008 Act No. 353, Section 2, Pt 10B, eff July 1, 2009; 2011 Act No. 74, Pt VI, Section 9, eff August 1, 2011.
Code Commissioner's Note
At the direction of the Code Commissioner, reference in (A) to the former Budget and Control Board has not been changed pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), until further action by the General Assembly. Reference in (B) to the former Budget and Control Board was changed to the State Fiscal Accountability Authority pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1).
Effect of Amendment
The 2011 amendment inserted subsection identifier (A) in the first paragraph and added subsection (B) relating to outside counsel.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-310. Number, election and terms of solicitors.

There is one solicitor for each judicial circuit, to be elected by the qualified electors of the circuit, who holds his office for the term of four years. The term of office of a solicitor begins at noon on the first Wednesday following the second Tuesday in January following his election and ends at noon on the first Wednesday following the second Tuesday in January four years later. A solicitor must be licensed to practice law by the South Carolina Bar at the time of his election and throughout his term.
HISTORY: 1962 Code Section 1-250; 1973 (58) 47; 1998 Act No. 359, Section 6; 2005 Act No. 20, Section 1, eff March 22, 2005.
Effect of Amendment
The 2005 amendment added the second sentence setting forth the beginning and ending of the solicitor's term.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-320. Solicitors shall perform duties of Attorney General and assist in prosecutions.

Solicitors shall perform the duty of the Attorney General and give their counsel and advice to the Governor and other State officers, in matters of public concern, whenever they shall be, by them, required to do so; and they shall assist the Attorney General, or each other, in all suits of prosecution in behalf of this State when directed so to do by the Governor or called upon by the Attorney General.
HISTORY: 1962 Code Section 1-251; 1952 Code Section 1-251; 1942 Code Section 3126; 1932 Code Section 3126; Civ. C. '22 Section 808; Civ. C. '12 Section 723; 1877 (16) 246; 1893 (21) 417; 1906 (25) 120; 1919 (31) 101.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-325. Solicitors to be full-time state employees; compensation; secretary.

The solicitors of this state shall be full-time employees of the State of South Carolina, provided, however, that any solicitor serving in office on July 1, 1976, whose term of office expires in the year 1979 shall not be required to be full time as provided by this section until the expiration of his term in 1979. Each solicitor shall receive an annual salary and a monthly expense allowance as is provided by the General Assembly.
When a solicitor is required to serve out of his circuit, he shall also receive such subsistence and mileage as is authorized by law for circuit judges while holding court without the county in which they reside. Each solicitor shall have one full-time secretary who shall receive such annual salary as may be provided by the General Assembly.
HISTORY: 1976 Act No. 690 Art. IX, Section 1; 1977 Act No. 119.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-330. Attendance at circuit courts; preparation and publication of docket.

The solicitors shall attend the courts of general sessions for their respective circuits. Preparation of the dockets for general sessions courts shall be exclusively vested in the circuit solicitor and the solicitor shall determine the order in which cases on the docket are called for trial. Provided, however, that no later than seven days prior to the beginning of each term of general sessions court, the solicitor in each circuit shall prepare and publish a docket setting forth the cases to be called for trial during the term.
HISTORY: 1962 Code Section 1-252; 1952 Code Section 1-252; 1942 Code Section 3132; 1932 Code Section 3132; Civ. C. '22 Section 814; Civ. C. '12 Section 729; Civ. C. '02 Section 655; G. S. 510; R. S. 572; 1842 (11) 222; Const. 1895, Art. 5, Section 29; 1972 (57) 2477; 1980 Act No. 462, Section 3.
Validity
For validity of this section, see State v. Langford, 400 S.C. 421, 735 S.E.2d 471 (S.C. 2012).
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-340. Attendance at inquests and preliminary hearings in capital cases.

The several solicitors of the State shall attend all inquests and preliminary hearings in capital cases when requested by the coroner or the sheriff.
HISTORY: 1962 Code Section 1-252.1; 1954 (48) 1566.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-350. Representation of State institutions, departments and agencies; assignment to criminal matters outside circuit.

The several solicitors of the State shall, within their respective circuits, in cooperation with, and as assigned by the Attorney General, represent in all matters, both civil and criminal, all institutions, departments, and agencies of the State. Likewise in criminal matters outside their circuits, and in extradition proceedings in other states, they shall be subject to the call of the Attorney General, who shall have the exclusive right, in his discretion, to so assign them in case of the incapacity of the local solicitor or otherwise.
HISTORY: 1962 Code Section 1-252.2; 1954 (48) 1566.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-360. Compensation of solicitors; disposition of defendants' costs; expenses for services performed outside circuit.

The circuit solicitors of the various judicial circuits of this State shall each receive such annual salary, payable monthly, as may be provided by the General Assembly. Such salaries shall be in lieu of all charges against the State and the counties. All costs from defendants shall be paid over by each solicitor to the county treasurer for the use of the State.
It shall be the duty of the solicitors to perform the services required in Sections 1-7-340 and 1-7-350, and in no instance, civil or criminal, shall they receive for such services any additional compensation, except that they shall be entitled to expense allowance, as provided for State employees and officers, when performing such services outside of their respective circuits.
HISTORY: 1962 Code Section 1-254; 1952 Code Section 1-254; 1942 Code Section 3127; 1932 Code Section 3127; Civ. C. '22 Section 809; Civ. C. '12 Section 724; 1877 (16) 246; 1893 (21) 417; 1906 (25) 120; 1919 (31) 101; 1954 (48) 1566.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-370. When solicitors may defend accused persons.

The solicitors may defend any persons brought to trial before any criminal courts of this State when their duty shall not require them to prosecute such persons and their assistance shall not be required against such persons by the Governor or Attorney General.
HISTORY: 1962 Code Section 1-255; 1952 Code Section 1-255; 1942 Code Section 3126; 1932 Code Section 3126; Civ. C. '22 Section 808; Civ. C. '12 Section 723; 1877 (16) 246; 1893 (21) 417; 1906 (25) 120; 1919 (31) 101.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-390. Vacancies.

In case any circuit solicitor shall cease to reside in his circuit, his office shall become vacant. In case any vacancy shall occur in such office by death, resignation or otherwise, the vacancy thereby created shall be filled by the Governor, by and with the advice and consent of the Senate. The judge residing in the circuit of the solicitor, whose office shall thus become vacant, shall certify such vacancy to the Governor.
HISTORY: 1962 Code Section 1-256; 1952 Code Section 1-256; 1942 Code Section 3125; 1932 Code Section 3125; Civ. C. '22 Section 807; Civ. C. '12 Section 722; Civ. C. '02 Section 650; G. S. 515; R. S. 567; 1812 (5) 675; 1876 (16) 152; 1936 (39) 1456.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-396. Full-time solicitor's investigator to have police power.

Any investigator employed by a solicitor who is required to devote full time to his duties and receives compensation on a full-time basis shall be granted the police powers that are granted to a deputy sheriff. The investigator shall exercise his authority within the jurisdictional territory of the solicitor. Investigators who qualify to be granted police power shall be required to post bond and take the oath as required of constables.
HISTORY: 1979 Act No. 170, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-400. Circuit solicitors disabled by intoxication.

Any circuit solicitor who shall, while in the public discharge of the duties of his office, be drunk or intoxicated or in any extent disabled by reason of the use of intoxicating liquors from the proper discharge of his duties shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred nor more than one thousand dollars and imprisoned not less than one month nor more than one year, in the discretion of the court, and shall be dismissed from his office. And whenever it shall be brought to the attention of the Attorney General that any circuit solicitor has been charged with an offense mentioned in this section, he shall prepare a bill of indictment against such officer and prosecute it in the county where the offense was committed. And if such officer is duly convicted, the Attorney General shall cause to be forwarded to the Governor of the State a record of such conviction, upon the receipt of which the Governor shall forthwith declare the office to be vacant and order an election to fill it.
HISTORY: 1962 Code Section 1-257; 1952 Code Section 1-257; 1942 Code Section 1529; 1932 Code Section 1529; Cr. C. '22 Section 476; Cr. C. '12 Section 550; Cr. C. '02 Section 393; G. S. 2560; R. S. 310; 1873 (15) 486.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-405. Appointment of assistant solicitors, investigators and secretaries.

Each solicitor may appoint as many assistant solicitors, investigators and secretaries as he deems necessary and whose salaries are provided by the counties of the circuit in which they serve. They shall serve at the pleasure of the solicitor and shall have such responsibilities as he directs.
HISTORY: 1976 Act No. 690, Art. IX, Section 2; 1977 Act No. 119, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-406. Full-time assistant solicitor and investigator for each judicial circuit.

Notwithstanding any other provision of law, each judicial circuit of this State, in addition to its other assistant solicitors, shall have one assistant solicitor and one investigator who shall be full-time employees. Such assistant solicitor and investigator for each circuit shall be appointed by the solicitor of that circuit, shall serve at his pleasure and shall have such responsibilities as the solicitor directs. The compensation of each such assistant solicitor and investigator or such other staff as may be designated by each solicitor for his circuit and related employment expenses shall be as provided by the General Assembly in the annual general appropriations act. Nothing contained herein shall prohibit the funds so provided for such staff to be designated by the solicitor as being utilized with local and federal funds.
HISTORY: 1979 Act No. 191, Section 1.
2023 South Carolina Code of Laws › Title 1 - Administration of the Government › Chapter 7 - Attorney General And Solicitors › Section 1-7-407. Receipt and disbursement of funds for employment of assistant solicitor and investigator.

Each solicitor shall enter into an agreement with a county within his circuit to administer the funds so provided and the funds shall be directed to the administering county. The administering county shall account for the receipt and disbursement of the funds separately from any other funds administered by the county.
The solicitors may expend the funds for the employment of additional assistant solicitors, investigators and payment of expenses related to employment of such additional personnel, including fringe benefits and travel.
Personnel employed under the provisions of Sections 1-7-406 through 1-7-407. shall be employees of the administering county but all personnel costs, including fringe benefits, shall be paid by the administering county from funds provided under provisions of Sections 1-7-406 through 1-7-407.
HISTORY: 1979 Act No. 191, Section 2.