South Carolina Attorney General Clarified Hearing Rules
The opinion addressed public hearing procedures for a proposed transportation sales tax in Charleston County.
Updated on Sept. 25, 2026 in Utilities
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South Carolina Attorney General Alan Wilson issued an opinion regarding the state's public hearing requirements for a transportation sales tax referendum. The guidance followed an inquiry from the Charleston County Board of Voter Registration and Elections concerning statutory obligations.
Why it matters
The ruling resolves confusion regarding which local entity holds the legal responsibility for hosting required public hearings. It clarifies that either the county election commission or the county council may conduct the hearing for the transportation tax proposal.
The opinion focused on the interpretation of Section 4-37-30(A)(2), which dictates mandatory public hearing requirements. The statute does not assign specific oversight to a single agency, allowing for flexibility in the procedural execution of the referendum.
The players
Alan Wilson
Alan Wilson serves as the Attorney General of South Carolina and provides formal legal opinions to government entities.
Charleston County Board of Voter Registration and Elections
This board oversees election procedures and voter registration activities within Charleston County.
Charleston County Council
The council is the governing body responsible for passing local ordinances and managing county transportation initiatives.
The details
Charleston County officials sought clarity after passing an ordinance to impose a sales and use tax to fund regional transportation projects. The Attorney General concluded that the law does not mandate a specific body to host the required public hearing, providing local officials with options for organizing the mandatory session.
Timeline
September 25, 2026: The Attorney General issued the legal opinion.
Market Landscape
This opinion highlights the complexities of local government administration when statutory language lacks specific procedural mandates. It reflects a broader trend of local jurisdictions seeking state-level legal clarification to ensure compliance during significant fiscal and infrastructure referendums.
The clarification helps ensure that the transportation sales tax referendum process proceeds without legal delays for Charleston County residents. Average taxpayers can now expect local officials to move forward with the mandatory public hearings required to finalize the measure.
The takeaway
This opinion underscores the importance of precise legislative drafting to avoid procedural bottlenecks in local government. Residents should monitor future Charleston County Council or election board agendas to participate in the upcoming public hearings.
Further reading
For more information on state utility policy, visit the South Carolina Utilities section.
Source note: This article includes information reported by Bloombergtax.
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