COLUMBIA, S.C. - The state Highway Patrol has no legal authority to charge other state agencies for traffic control at special events such as football games, Attorney General Henry McMaster says.

The Department of Public Safety began examining ways to charge for the service this summer after Gov. Mark Sanford vetoed a line in the budget that prohibited the patrol from charging for traffic control.

But, in an opinion dated Sept. 4, McMaster wrote that a court would likely find any fees imposed by the Highway Patrol in violation of state law.

"We have located no statute which currently authorizes the Highway Patrol to charge a fee unilaterally for law enforcement and public safety assistance at special events," McMaster wrote. "To the contrary, such services are specifically required to be performed by the Patrol pursuant to existing state law."

The opinion, which does not carry the force of law, won't prohibit the Department of Public Safety from charging fees. The agency has no firm plans to charge fees but is looking into a system for charging, said spokesman Sid Gaulden.

The opinion was sought by Senate President Pro Tem Glenn McConnell, R-Charleston. McConnell wrote in a letter to the attorney general that courts have found that an agency has only those powers specifically granted to it by law. McConnell said the budget veto could be interpreted by other agencies as a "green light" to set their own fees.

"You cannot put any executive agency in a position where they have the power to tax," McConnell said. "I felt like you could only charge a fee if the General Assembly authorized it. I think this clarifies it."

Sanford spokesman Will Folks said the governor respects the opinion of the attorney general but that taxpayers shouldn't pick up the costs associated with special events.

"The governor continues to believe, however, that in these economically challenging times, the taxpayers of South Carolina shouldn't foot the bill for hundreds of state troopers directing traffic at football games," Folks said.