Archive for the ‘Opinions’ Category

June 25, 2020

Opinion on the constitutionality of the Heritage Act.

 

Requested by The Honorable Mike Burns, Member, South Carolina House of Representatives.

 

Read full opinion.

June 25, 2020

Opinion regarding statutory authority for reporting patient concerns and personnel authority for officers and employees of the South Carolina Department of Mental Health.

 

Requested by The Honorable Micajah P. Caskey, Member, South Carolina House of Representatives.

 

Read full opinion.

June 22, 2020

Opinion addressing the term of vacancy appointees on boards of trustees for Anderson County School Districts.

 

Requested by Richard e. Thompson, Jr., Esquire, local counsel for the Anderson Board of Education.

 

Read full opinion.

June 22, 2020

Opinion addressing  whether environmental mitigation serves as a commercial purpose as set forth in the deed restrictions on the property.

 

Requested by Karen Blair Manning, Chief Legal Counsel, South Carolina Department of Commerce.

 

Read full opinion.

June 15, 2020

Opinion addressing oversight authority of county legislative delegations over county boards of voter registration and elections.

 

Requested by The Honorable Jimmy Bales, Member, South Carolina House of Representatives.

 

Read full opinion.

June 4, 2020

Opinion addressing the impact of Section 44-115-80 of the South Carolina Code on the ability of a county to impose a fee for copies of autopsy reports by ordinance.

 

Requested by The Honorable Gary Watts, Richland County Coroner.

 

Read full opinion.

May 22, 2020

Opinion on the use of use of subpoena duces tecum in criminal proceedings per Rule 13(a)(1) of the South Carolina Rules of Criminal Procedure.

 

Requested by The Honorable David R. Wagner, Solicitor, Tenth Judicial Circuit.

 

Read full opinion.

May 13, 2020

Opinion addressing the responsibilities of a certificate holder and a municipality for equipment related to PEG access channels under the South Carolina competitive Cable Services Act.

 

Requested by John J. Fantry, Jr., Special Utility Counsel for the Town of Winnsboro.

 

Read full opinion.

May 13, 2020

Opinion on several questions related to a claim and delivery action for a stolen firearm (Section 40-39-145, South Carolina Code of Laws).

 

Requested by Wesley Vorberger, Esquire, Attorney for the Greenville County Sheriff’s Office.

 

Read full opinion.

May 6, 2020

Opinion addressing the status of county veterans’ affairs officers in light of amendments to article 1, chapter 11 of title 25 of the South Carolina Code.

 

Requested by William F. Grimsley, EdD., Secretary, South Carolina Department of Veterans’ Affairs.

 

Read full opinion.

 

May 6, 2020

Opinion addressing the handling of conditional discharges for simple possession of marijuana and disorderly conduct by summary courts.

 

Requested by The Honorable Deborah R. Culler, Clemson University Municipal Court.

 

Read full opinion.

May 5, 2020

Opinion on an Emergency Executive Order by the City Manager of Myrtle Beach relating to accommodations businesses.

 

Requested by The Honorable Alan D. Clemmons, Member, South Carolina House of Representatives.

 

Read full opinion.

April 29, 2020

Opinion addressing whether a local business grant program serves a public purpose.

 

Requested by Mr. Steve Willis, Lancaster County Administrator.

 

Read full opinion.

April 27, 2020

Opinion addressing appointments to the Technical College of the Lowcountry Commission.

 

Requested by The Honorable Jeff Bradley, Member, South Carolina House of Representatives.

 

Read full opinion.

April 27, 2020

Opinion addressing whether the South Carolina Housing Trust Fund may be used to fund a temporary rental assistance program.

 

Requested by The Honorable Marvin R. Pendarvis, Member, South Carolina House of Representatives.

 

Read full opinion.

April 21, 2020

Opinion on recent amendments to the S.C. High School League’s by-laws regarding eligibility of students that transfer to private and charter schools.

 

Requested by the Honorable Larry Grooms, Member, South Carolina Senate and The Honorable Garry R. Smith, Member, South Carolina House of Representatives.

 

Read full opinion.

April 16, 2020

Opinion on the release of information about COVID-19 decedents.

 

Requested by Ms. Sabrina Gast, President, South Carolina Coroner’s Association.

 

Read full opinion.

April 16, 2020

Opinion regarding proposed Beaufort County Board of Education emergency resolution.

 

Requested by Christina Gwozdz, MD, Chairperson, Beaufort County Board of Education.

 

Read full opinion.

April 13, 2020

Opinion on successive declarations of emergency.

 

Requested by The Honorable Josiah Magnuson, Member, South Carolina House of Representatives.

 

Read full opinion.

April 13, 2020

Opinion on the legal/ethical considerations of a Beaufort, S.C. ordinance that requires the City Council to appoint a member of the Historic Beaufort Foundation Board of Trustees to the City’s Historic District Review Board.

 

Requested by The Honorable Billy Keyserling, Mayor, City of Beaufort.

 

Read full opinion

April 10, 2020

Opinion on whether the Heritage Act, S.C. Code Ann. Section 10-1-165 applies to the Cooper River Memorial Library.

 

Requested by Joseph Dawson, III, Attorney for Charleston County.

 

Read full opinion.

April 6, 2020

Opinion addressing whether vehicles owned by a rural telephone cooperative are subject to property taxes imposed by a town.

 

Requested by Mr. J. William Taylor, Town Administrator, Town of Jefferson.

 

Read full opinion.

April 2, 2020

Opinion regarding the constitutionality of specific municipal knife ordinances and whether they conflict with the concealed weapons statute in S.C. Code Ann. Section 16-23-460.

 

Requested by The Honorable Ross Turner, Member, South Carolina Senate.

 

Read full opinion.

March 30, 2020

Opinion on whether a meeting between the S.C. Department on Aging and its area agencies on aging would be considered a “meeting” as defined under the S.C. FOIA.

 

Requested by Connie D. Munn, Director, S.C. Department on Aging.

 

Read full opinion.

March 30, 2020

Opinion on dual office holding (Mapper Clerk in the Tax Assessors Office and run for city council).

 

Requested By Ms. Hattie Jackson, Mapper Clerk, Tax Assessors Office.

 

Read full opinion.

Opinion on the enforcement of Section 16-7-10 in light of Executive Order 2020-13

Opinion on the enforcement of Section 16-7-10 in light of Executive Order 2020-13.

Requested by Chief Mark A. Keel, South Carolina Law Enforcement Division.

Read full opinion.

Updated opinion with additional citations concerning the extraordinary powers of the Governor during a state of emergency. This updated opinion is based upon a new declaration of emergency by the Governor, dated March 28, 2020.

Updated opinion with additional citations concerning the extraordinary powers of the Governor during a state of emergency. This updated opinion is based upon a new declaration of emergency by the Governor, dated March 28, 2020.

Read full opinion

March 13, 2020

Opinion on whether any legislative action ratifying an amendment to the U.S. Constitution is submitted to the governor for his approval and/or possible veto and other questions.

 

Requested by John D. Feerick, Esquire, Skadden, Arps, Slate, Meagher & Flom, New York.

 

Read full opinion.

March 13, 2020

Opinion clarifying the definition of “farm truck” per Section 56-3-670.

 

Requested by The Honorable Will F. Derrick, Chief Administrative Judge, Oconee County.

 

Read full opinion.

March 11, 2020

Opinion on whether an active military serviceperson can fulfill the residency requirements to serve as a board member
of a South Carolina public charter school (Section 59-40-50(B)(9), Code of Laws of South Carolina).

 

Requested by Tyler R. Turner, Esquire, Turner Caudell.

 

Read full opinion.

March 10, 2020

Opinion on whether Act 368 of 1975 which transferred recommendation authority from the Chester County legislative delegation to the Chester County Board of Directors for two member appointments on the Chester Metropolitan District Commission violates the prohibition on special legislation.

 

Requested by Mr. Fred Castles III, PE, Executive Director, Chester Metropolitan District.

 

Read full opinion.

March 2, 2020

Opinion on whether a clerk of court may lift a bench warrant.

 

Requested by The Honorable Renee N. Elvis, Horry County Clerk of Court.

 

Read full opinion.

February 25, 2020

Opinion addressing several questions regarding the impact of the 2006 Property Tax Reform Act on school funding in Spartanburg County.

 

Requested by The Honorable Edward R. Tallon, Member, South Carolina House of Representatives.

 

Read full opinion.

February 25, 2020

Opinion on the scope of authority of the South Carolina Department of Health and Environmental Control to conduct certain reviews under regulations promulgated pursuant to the Health Care Cooperation Act (S.C. Code Ann. Sections 44-7-500 through 44-7-590).

 

Requested by W. Marshall Taylor, Jr., General Counsel, South Carolina Department of Health and Environmental Control.

 

Read full opinion.

February 20, 2020

Opinion on dual office holding (police officer also serving as a commissioned member of the Greenville County DEU).

 

Requested by Wesley Vorberger, General Counsel, Greenville County Sheriff’s Office.

 

Read full opinion.

February 18, 2020

Opinion on whether Section 59-32-30(A)(5) would pass constitutional muster under the Equal Protection Clause.

 

Requested by The Honorable Molly M. Spearman, State Superintendent of Education.

 

Read full opinion.

February 14, 2020

Opinion on whether a fee paid to a 3rd party chosen by the consumer to facilitate a payment on a consumer credit transaction is a charge imposed by the creditor under the South Carolina Consumer Protection Code.

 

Requested by The Honorable Bill Sandifer, Member, South Carolina House of Representatives.

 

Read full opinion.

February 7, 2020

Opinion on whether a county may prohibit a municipality from requiring annexation as a prerequisite for obtaining sewer service in unincorporated areas.

 

Requested by Jennifer C. Blumenthal, Esquire, Attorney for the Commissioners of Public Works of the City of Charleston.

 

Read full opinion.

January 31, 2020

Opinion on whether intramuscular therapy is within the scope of practice of chiropractic as established by the General Assembly.

 

Requested by Melina Mann, General Counsel, South Carolina Department of Labor Licensing and Regulation.

 

Read full opinion.

January 28, 2020

Opinion on whether Section 56-5-1520(A) of the South Carolina Code requires a collision or contact with a moving object in order for a driver to be cited for driving too fast for conditions.

 

Requested by The Honorable Jeffrey P. Bloom, Magistrate for Calhoun County.

 

Read full opinion.

January 24, 2020

Opinion on preliminary hearings per Rule 2(a) of the South Carolina Rules of Criminal Procedure.

 

Requested by The Honorable Robert N. Clariday, Magistrate, Orangeburg County.

 

Read full opinion.

January 24, 2020

Opinion on the collection of fees by South Carolina clerks of court for copies of court records requested by parties to a case or other representatives.

 

Requested by Mr. Robert L. McCurdy, Deputy Director, South Carolina Court Administration.

 

Read full opinion.

January 21, 2020

Opinion regarding what projects may be funded by developmental impact fees and whether proportionate share calculations for different types of land uses violates equal protection under the South Carolina and federal constitutions.

 

Requested by The Honorable Micajah P. Caskey, Member, South Carolina House of Representatives.

 

Read full opinion.

January 15, 2020

Opinion interpreting Section 7-5-170 requiring that an individual need only provide the last 4 digits of their social security number in order to register to vote.

 

Requested by The Honorable J. Michelle Childs, Judge, United States District Court, South Carolina.

 

Read full opinion.

January 14, 2020

Opinion on whether or not a non-profit charitable organization can provide visions screenings and/or eye examinations to students in and at Title I schools located in South Carolina.

 

Requested by The Honorable Brad Hutto, Member, South Carolina Senate and The Honorable Murrell Smith, Member, South Carolina House of Representatives.

 

Read full opinion.

January 10, 2020

Opinion regarding what appraisal methods are permissible for the valuation of golf courses under S.C. Code, Section 12-43-365.

 

Requested by The Honorable Bart T. Blackwell, Member, South Carolina House of Representatives.

 

Read full opinion.

December 11, 2019

Opinion addressing whether a city can enter into a partnership with Habitat for Humanity to purchase materials and provide repairs to homes located in an area targeted for revitalization.

 

Requested by Elise F. Crosby, Attorney for City of Georgetown.

 

Read full opinion.

December 10, 2019

Opinion regarding a school district grievance policy and its application to employee complaints about a member of the school district board of trustees.

 

Requested by The Honorable Tom Davis, Member, South Carolina Senate.

 

Read full opinion.

December 2, 2019

Opinion regarding the power of a municipality to enact an ordinance relating to Extreme Risk Protection Orders relating to possession of a firearm.

 

Requested by The Honorable Jonathon Hill, Member, South Carolina House of Representatives.

 

Read full opinion.

December 2, 2019

Opinion regarding a municipal ordinance which purports to prohibit carrying a firearm with 1,000 feet of any public or private school.

 

Requested by The Honorable Ronnie W. Cromer, Member, South Carolina Senate and The Honorable Bill Hixon, Member, South Carolina House of Representatives.

 

Read full opinion.

December 2, 2019

Opinion on whether a homeowners association has legal authority to tow a vehicle that is in violation of the CCRs but is otherwise lawfully parked on a county-maintained roadway.

 

Requested by Mr. Mike Cochran, City of Hanahan Administrator.

 

Read full opinion.

November 20, 2019

Opinion on whether a law enforcement agency from South Carolina can enter into a mutual aid agreement with an out-of-state law enforcement provider.

 

Requested by Chris Noury, Esquire, Attorney for City of North Myrtle Beach.

 

Read full opinion.

November 15, 2019

Opinion on whether the Hagood Mill Foundation is a public body for purposes of the South Carolina Freedom of Information Act.

 

Requested by The Honorable David R. Hiott, Member, South Carolina House of Representatives.

 

Read full opinion.

November 14, 2019

Opinion addressing the legality of using a third party delivery service to deliver alcoholic beverages to persons placing orders through an online platform.

 

Requested by The Honorable Beth Bernstein, Member, South Carolina House of Representatives.

 

Read full opinion.

November 14, 2019

Opinion regarding appeals of municipal parking violations.

 

Requested by The Honorable P. Alesia Rico Flores, Administrative Judge, City of Charleston Municipal Court.

 

Read full opinion.

November 8, 2019

Opinion on the impact of 2018 Act No. 186 on South Carolina chartered credit unions’ ability to expand other fields of membership to include community groups and whether a federal credit union may merge with an out of state credit union and expand membership in South Carolina.

 

Requested by The Honorable Curtis Loftis, State Treasurer.

 

Read full opinion.

November 7, 2019

Opinion addressing a county’s authority to deduct the cost of hiring a consultant to perform functions of an elected official from the official’s budget.

 

Requested by Mr. Steve Willis, Lancaster County Administrator.

 

Read full opinion.

November 6, 2019

Opinion on whether two South Carolina municipal corporations can agree to a municipal boundary adjustment (Section 5-3-40, South Carolina Code of Laws).

 

Requested by Carl L. Holloway, Jr., Esquire, City Attorney, Forest Acres.

 

Read full opinion.

October 29, 2019

Opinion on  whether an executive session must be noticed on an agenda, the requirements to amend it to add an executive session, and whether not acting on an agenda item results in a FOIA violation.

 

Requested by The Honorable Bill Woolsey, Mayor, Town of James Island.

 

Read full opinion.

October 24, 2019

Opinion concerning the jurisdiction of professional licensing boards granted by Chapter 1 of Title 40 of the Code of Laws.

 

Requested by The Honorable Richard J. Cash, Member, South Carolina Senate.

 

Read full opinion.

October 23, 2019

Opinion on whether the board of directors created by the Underground Facility Damage Prevention Act is a public body for purposes of the South Carolina Freedom of Information Act.

 

Requested by The Honorable Thomas E. Pope, Member, South Carolina House of Representatives.

 

Read full opinion

October 21, 2019

Opinion on dual office holding (member of Orangeburg City Council and Felton Laboratory Charter School Board).

 

Requested by Mr. Kalu A. Kalu, Orangeburg.

 

Read full opinion.

October 21, 2019

Opinion on the Beaufort County Board of Education’s potential liability if confidential information discussed in executive session is disclosed due to a security breach resulting from electronic participation by an individual board member.

 

Requested by Wendy Bergfeldt Cartledge, General Counsel, Beaufort County School District.

 

Read full opinion.

 

 

October 17, 2019

Opinion addressing procedures for the receipt of public comments at meetings governed by FOIA including how those comments shall be treated in regard to a published agenda.

 

Requested by Ms. Lynette B. Fryar, Chairperson and Mr. L. Scott Harvin, Vice-Chairperson, Colleton County Board of Voter Registration and Elections.

 

Read full opinion.

October 8, 2019

Opinion on Part 1B of Section 75.2 of the State Accident Fund relating to the Military Disability Program Proviso.

 

Requested by Amy V. Cofield, Esquire, Executive Director, South Carolina State Accident Fund.

 

Read full opinion.

October 8, 2019

Opinion on dual office holding (member of the General Assembly and serve in an administrative capacity, such as a president at a college or university).

 

Requested by The Honorable Jerry N. Govan, Jr., Member, South Carolina House of Representatives.

 

Read full opinion.

October 8, 2019

Opinion on whether a municipality must obtain a three-fourths majority vote to amend an ordinance requiring a three-fourths majority vote to amend or change a zoning regulation or map.

 

Requested by Mr. Daniel S. McQueeney, Jr., Assistant Corporation Counsel, City of Charleston.

 

Read full opinion.

September 30, 2019

Follow-up opinion on the appropriate procedure to pursue enforcement of the Hemp Farming Act with respect to hemp grown in violation of the Act where the grower has consented to seizure of such hemp.

 

Requested by Mark A. Keel, Chief, South Carolina Law Enforcement Division.

 

Read full opinion.

 

 

September 30, 2019

Opinion on the Beaufort County Board of Education’s authority to discipline its members or remove its members from office.

 

Requested by Wendy Bergfeldt Cartledge, General Counsel, Beaufort County School District.

 

Read full opinion.

September 24, 2019

Opinion on the required number of members on the South Carolina Commission on Disabilities and Special Needs necessary to constitute a quorum.

 

Requested by The Honorable Margaret Poole, State Director, South Carolina Department of Disabilities and Special Needs.

 

Read full opinion.

September 19, 2019

Opinion on whether the powers afforded to the State Inspector General of South Carolina under Section 1-6-50 of the South Carolina Code extend to the State Inspector General’s staff.

 

Requested by Mr. Brian Lamkin, Inspector General, State of South Carolina.

 

Read full opinion.

 

 

 

September 19, 2019

Opinion on the power of the City of Columbia to enact an ordinance that attempts to regulate homemade firearms created without serial numbers commonly known as “ghost guns.”

 

Requested by The Honorable Jonathon D. Hill, Member, South Carolina House of Representatives.

 

Read full opinion.

September 18, 2019

Opinion on dual office holding (Board Member of the Jasper County Election Board and apply for position as a Board Member of Palmetto Breeze).

 

Requested by Mr. John Kemp, Bluffton.

 

Read full opinion.

September 17, 2019

Opinion on the validity of a municipal ordinance imposing a durational residency requirement on candidates for mayor and
city council.

 

Requested by The Honorable J. Todd Rutherford, Member, South Carolina House of Representatives.

 

Read full opinion.

September 13, 2019

Opinion regarding the secondary sale of South Carolina Lottery tickets after a ticket is a known winning lottery ticket.

 

Requested by The Honorable Garry R. Smith, Member, South Carolina House of Representatives, The Honorable Gary E. Clary, Member, South Carolina House of Representatives and The Honorable Wes Climer, Member, South Carolina Senate.

 

Read full opinion.

September 11, 2019

Opinion on whether a licensee under the Perpetual Care Cemetery Act may continue their exemption from the acreage requirements under the Act if they fail to timely renew their license.

 

Requested by The Honorable William E. Sandifer, Member, South Carolina House of Representatives.

 

Read full opinion.

September 11, 2019

Opinion on whether the South Carolina Conservation Bank is required to be named as an insured on a title insurance policy when it awards grant funds.

 

Requested by Mr. J. Raleigh West, III, Executive Director, South Carolina Conservation Bank.

 

Read full opinion.

September 9, 2019

Opinion about whether a South Carolina-registered Certified Public Accountant (CPA) must be associated with a South Carolina-registered CPA firm to perform tax preparation services while holding out as a CPA and whether such a restriction is prohibited by the First Amendment.

 

Requested by Melina Mann, General Counsel, South Carolina Department of Labor, Licensing and Regulation.

 

Read full opinion.

August 26, 2019

Opinion on whether committee meetings are meetings under FOIA requiring notice pursuant to Section 30-4-80(A) of the South Carolina Code.

 

Requested by Craig Witherspoon, Ed.D., Superintendent, Richland One School District.

 

Read full opinion.

August 23, 2019

Opinion on whether the S.C. Auctioneer’s Commission is prohibited from reissuing the same license number to an auction firm after a license renewal application demonstrates the firm has a change in a licensed auctioneer listed on its license renewal application.

 

Requested by The Honorable Bill Sandifer, Member, South Carolina House of Representatives.

 

Read full opinion.

August 22, 2019

Opinion on dual office holding (board member on the SC Research Authority, member for the Technical College of the Lowcountry and run for city councilman for the City of Walterboro).

 

Requested by Mr. David M. Smalls.

 

Read full opinion.

 

 

August 20, 2019

Opinion as to whether local voter registration and election boards may combine precincts and whether they may use a single polling place for multiple precincts.

 

Requested by Ms. Marci Andino, Executive Director, South Carolina Election Commission.

 

Read full opinion.

August 19, 2019

Opinion on whether the dual office prohibition would preclude a certain municipal employee from also serving as a Railroad Police Officer.

 

Requested by The Honorable John Elkin, Chief of Police, F&N Railroad Police Department.

 

Read full opinion.

August 8, 2019

Opinion on the appropriate procedure to pursue enforcement of the Hemp Farming Act with respect to hemp grown in violation of the Act.

 

Requested by Adam Whitsett, General Counsel, South Carolina Law Enforcement Division.

 

Read full opinion.

August 8, 2019

Opinion on the appropriate charge for a person operating a moped while their moped license is under suspension.

 

Requested by The Honorable B. Lee Miller, Municipal Judge, City of Greenwood.

 

Read full opinion.

July 31, 2019

Opinion on the interpretation of Section 48-23-295 of the South Carolina Code (2008) to allow the State Commission on Forestry to provide services to contractors hired by landowners to perform reforestation services.

 

Requested by Mr. Tom W. Patton, Deputy State Forester, South Carolina Forestry Commission.

 

Read full opinion.

July 30, 2019

Opinion on how a public body may add items to an agenda for a public meeting and whether a catchall agenda item complies with the public notice requirements of the S.C. FOIA.

 

Requested by Karen Blair Manning, Chief Legal Counsel, South Carolina Department of Commerce.

 

Read full opinion.

July 29, 2019

Opinion addressing the interpretation of the recently amended filing fee statute (Section 8-21-310, South Carolina Code of Laws).

 

Requested by Mr. Dale Butts, Secretary/Treasurer, South Carolina Association of Clerks of Court and Registers of Deeds.

 

Read full opinion.

July 22, 2019

Opinion on whether two proposed bond referenda questions meet the requirements of Ziegler v. Dorchester County and other provisions of state law.

 

Requested by The Honorable Sean M. Bennett, Member, South Carolina Senate.

 

Read full opinion.

July 22, 2019

Opinion on the interpretation of a contract between the Charleston Public Works and Sullivan’s Island.

 

Requested by Jennifer C. Blumenthal, Esquire, attorney for Charleston Public Works.

 

Read full opinion.

July 15, 2019

Opinion on what activities are considered a “meeting” according to S.C. Code Ann. Section 7-5-10(B)(3).

 

Requested by Mr. Andrew C. Marine, Vice Chairman, Aiken County Registration and Elections Commission.

 

Read full opinion.

July 12, 2019

Opinion on whether the 5 day notice requirement was violated regarding the meeting of the University of South Carolina Board of Trustees (SC Code of Laws, Section 59-117-50).

 

Requested by The Honorable Stephen K. Benjamin, Mayor, City of Columbia.

 

Read full opinion.

July 10, 2019

Opinion on The Hemp Farming Act (Act 14 of 2019).

 

Requested by Mr. Mark Keel, Chief, South Carolina Law Enforcement Division.

 

Read full opinion.

July 2, 2019

Opinion on whether a county council must meet in each calendar month.

 

Requested by Mr. Larry C. Smith, Attorney for Richland County.

 

Read full opinion.

June 28, 2019

Opinion on whether law enforcement and emergency medical personnel are considered “caregivers” under the Omnibus Adult Protection Act.

 

Requested by The Honorable Katrina F. Shealy, Member, South Carolina Senate.

 

Read full opinion.

June 28, 2019

Opinion on whether a member of a school district board of trustees must file a S.C. FOIA request for financial documents of the school district to which he or she was elected.

 

Requested by the Honorable Cal Forrest, Member, South Carolina House of Representatives and the Honorable Darrell Hudson, Member, Lexington County Council.

 

Read full opinion.

June 28, 2019

Opinion on reimbursement for salary and benefit costs of mandatory law enforcement training pursuant to Section 23-23-120.

 

Requested by Angela B. Mulholland, General Counsel, College of Charleston.

 

Read full opinion.

June 28, 2019

Opinion on the appropriate charging statute for operating a moped without a license.

 

Requested by The Honorable B. Lee Miller, Municipal Judge, City of Greenwood.

 

Read full opinion.

 

 

June 28, 2019

Opinion on whether certain high-level drug trafficking offenses should be treated as “day-for-day” offenses or instead are subject to the “eighty-five percent” rule.

 

Requested by Mr. Brian P. Stirling, Director, South Carolina Department of Corrections.

 

Read full opinion.

June 25, 2019

Opinion on the jurisdiction of summary courts over seventeen-year-old persons charged with certain offenses under Section 63-3-520.

 

Requested by Mr. Robert L. McCurdy, Deputy Director, South Carolina Court Administration.

 

Read full opinion.

June 21, 2019

Opinion on whether proof of U.S. citizenship is required to receive the homestead exemption for property taxes.

 

Requested by The Honorable Jerry N. Govan, Jr., Member, South Carolina House of Representatives.

 

Read full opinion.

June 19, 2019

Opinion on whether the definition of “prearranged ride” in the Transportation Network Company Act prevents SCDHHS from permitting a nonemergency medical transport broker to contract with a transportation network company.

 

Requested by The Honorable Lawrence K. Grooms, Member, South Carolina Senate.

 

Read full opinion.

June 18, 2019

Opinion on when a decrease in a mayor’s salary can be made effective following a change in the form of municipal government.

 

Requested by Lawrence E. Flynn , Jr., Esquire, Attorney for City of Union.

 

Read full opinion.

June 14, 2019

Opinion on the disposition of forfeited funds and property including accounting requirements.

 

Requested by The Honorable Jason Elliott, Member, South Carolina House of Representatives.

 

Read full opinion.

June 14, 2019

Opinion on issues arising from implementing new prospective tax billing system for boats, boat motors, and watercraft in 2018 Act No. 223.

 

Requested by Mr. James Holly, Attorney for Aiken County and Mr. Chris Harmon, Lexington County Auditor.

 

Read full opinion.

June 4, 2019

Opinion on the constitutionality of enforcing certain provisions of the South Carolina Ethics, Government Accountability, and Campaign Reform Act of 1991 with regard to political parties, as that term is defined in the Act.

 

Requested by Ms. Meghan L. Walker, Executive Director, State Ethics Commission.

 

Read full opinion.

June 4, 2019

Opinion on whether a member of a school district board of trustees may revoke a tendered resignation before it is accepted.

 

Requested by Mrs. Bonnie Knight, Member and Acting Board Chairperson for Anderson County School District No. Two.

 

Read full opinion.

May 28, 2019

Opinion on whether South Carolina job applicants whose criminal records have been expunged must disclose an arrest, charge or conviction on a job application.

 

Requested by The Honorable Ashley Trantham, Member, South Carolina House of Representatives.

 

Read full opinion.

May 23, 2019

Opinion on the legality of the City of Rock Hill’s policy of transferring utility revenue to its general fund when it lacks sufficient reserves.

 

Requested by The Honorable John Richard C. King, Member, South Carolina House of Representatives.

 

Read full opinion.

May 21, 2019

Opinion on the application of S.C.’s school trespass statute to administrative building owned by the school district where school board meetings are held (Section 16-11-620, Code of Laws of South Carolina).

 

Requested by The Honorable Calvin Collins, Chief of Police, City of Bishopville.

 

Read full opinion.

May 16, 2019

Opinion on the Administrative Procedures Act (S.C. Code Ann. Section 1-23-10 et seq.).

 

Requested by Ms. Ashley Harwell-Beach, Code Commissioner and Director, S.C. Legislative Council.

 

Read full opinion.

May 16, 2019

Opinion on whether a proposed sewer utility rate subsidy paid to low income residents for the purpose of offsetting a rate increase that is paid out of a county general fund would violate the prohibition against using public funds for a private purpose.

 

Requested by Mr. Larry C. Smith, Attorney for Richland County.

 

Read full opinion.

May 15, 2019

Opinion on whether the Joint Resolution, 2018 Act No. 272, continues to be binding and controlling authority for the South Carolina Department of Health and Environmental Control Dam Safety and Reservoirs Program.

 

Requested by The Honorable David R. Hiott and James M. Burns, Members, South Carolina House of Representatives.

 

Read full opinion.

May 3, 2019

Opinion on how a special purpose fire district may raise its millage rate and how two special purpose districts may be merged.

 

Requested by The Honorable Glenn G. Reese, Member, South Carolina Senate.

 

Read full opinion.

April 29, 2019

Opinion on whether a school resource officer may be assigned to a private, nonprofit school.

 

Requested by John G. Frampton, Esquire, Attorney for Dorchester County.

 

Read full opinion.

 

 

April 23, 2019

Opinion on whether an entity other than the South Carolina Criminal Justice Academy would be authorized to provide basic law enforcement training in this State.

 

Requested by Director Lewis J. Swindler, Jr., South Carolina Criminal Justice Academy.

 

Read full opinion.

April 23, 2019

Opinion on whether certain test questions used by the SCCJA to evaluate certificate eligibility of LEO candidates must be disclosed in response to a FOIA request.

 

Requested by Director Lewis J. Swindler, Jr., South Carolina Criminal Justice Academy.

 

Read full opinion.

April 22, 2019

Opinion on whether sick leave, annual leave, and attendance log of public employees may be exempted from disclosure under the S.C. FOIA.

 

Requested by Stephen F. Morris, Director, South Carolina Department on Aging.

 

Read full opinion.

April 17, 2019

Opinion on dual office holding and master-servant.

 

Requested by Joseph T. Mathis, Esquire, General Counsel for Cherokee County.

 

Read full opinion.

April 12, 2019

Opinion on the interpretation of S.C. Code Ann. Section 63-13-20(4)(e) relating “to exemptions from the definition of a child care facility as relates to what is commonly called summer camps.”

 

Requested by The Honorable Shannon Erickson, Member, South Carolina House of Representatives.

 

Read full opinion.

April 8, 2019

Opinion on which State agency has jurisdiction over the New Savannah Bluff Lock & Dam.

 

Requested by The Honorable W. Dean Moss, Jr., Chairman, Savannah River Maritime Commission.

 

Read full opinion.

April 3, 2019

Opinion on whether the Pickens County Water Authority may provide water service in areas where municipalities also provide water service outside of their corporate limits.

 

Requested by The Honorable David R. Hiott, South Carolina House of Representatives.

 

Read full opinion.

April 1, 2019

Opinion on prohibition on masking convections (49 C.F.R. 384.226).

 

Requested by the Honorable Jimmy A. Richardson, II, Solicitor, Fifteenth Judicial Circuit.

 

Read full opinion.

March 29, 2019

Opinion on a political subdivision’s liability for “costs” upon submitting an excessive millage rate to a county auditor.

 

Requested by Andrea E. White, Esquire, Counsel to the Abbeville County School District.

 

Read full opinion.

March 27, 2019

Opinion on dual office holding (part time police officer for Town of Chesterfield and director of Chesterfield County Animal Services).

 

Requested by Mr. Carlos G. Perez V., Director, Chesterfield County Animal Services.

 

Read full opinion.

March 27, 2019

Opinion on the South Carolina Department of Motor Vehicle’s interpretation of Section 12-37-2850 regarding the collection of road use fees due on large commercial motor vehicles and buses.

 

Requested by The Honorable William M. Hixon, South Carolina House of Representatives.

 

Read full opinion.

March 19, 2019

Opinion on dual office holding (service in the S.C. State Guard is exempt from dual office holder prohibition).

 

Requested by The Honorable Stephen L. Goldfinch, Member, South Carolina Senate.

Read full opinion.

 

 

March 18, 2019

Opinion on whether a Superintendent of a County School District has the authority to close Islands Academy.

 

Requested By Herbert Berg, Ed.D. Interim Superintendent, Beaufort County School District.

 

Read full opinion.

March 11, 2019

Opinion on dual office holding.

 

Requested by The Honorable Ronald Young, Member, South Carolina House of Representatives.

 

Read full opinion.

March 5, 2019

Opinion on whether information entered into the ODMAP application by first responders regarding drug-related overdoses violates any state or HIPAA laws concerning protected health information (Sections 44-22-100, 44-115-40, 44-4-560, 44-117-350; and 38-93-40, South Carolina Code of Laws).

 

Requested by Joseph Y. Shenkar, General Counsel, South Carolina Department of Alcohol and Other Drug Abuse Services.

 

Read full opinion.

March 4, 2019

Opinion on whether, when the elements of the crime of voyeurism set out in Section 16-17-470(B) are met, South Carolina law criminalizes secret video recording by a consensual sexual partner just as if the recording were made by a third party.

 

Requested by Thomas M. Aiken, Investigator, Furman University Police.

Read full opinion.

 

February 27, 2019

Opinion on whether the law related to casino night events was altered by certain amendments to Article XVII, Section 7 of the South Carolina Constitution and Section 33-57-100 et seq., of the Code of Laws which provided for the lawful operation of charitable raffles.

 

Requested by The Honorable W. Walter Wilkins, Solicitor, Thirteenth Judicial Circuit.

 

Read full opinion.

February 27, 2019

Opinion on proposed House Bill 3086, regulation of commercial dog breeders and 4th Amendment privacy issues (Section 47-3-1050).

 

Requested by Ms. Kelsey Gilmore-Futeral, South Carolina State Director, Humane Society of the U.S.

 

Read full opinion.

 

February 27, 2019

Opinion on the Mayo Area Fire District’s increase of the tax millage rate and elected commissioners serving as volunteer firemen (Act No. 388).

 

Requested by The Honorable Glenn G. Reese, Member, South Carolina Senate.

 

Read full opinion.

February 21, 2019

Opinion on the applicability of the South Carolina Fair Housing law to the Catawba Indian Nation (Section 31-21-10, South Carolina Code of Laws).

 

Requested by The Honorable Raymond Buxton, II, Commissioner, and R. Alexander Pate, II, Staff Counsel, South Carolina Human Affairs Commission.

 

Read full opinion.

February 15, 2019

Opinion on whether the PRT or any State agency has the right to adopt regulations which restrict the public’s access to the beach on St. Phillips Island.

 

Requested by The Honorable Tom Davis, Member, South Carolina Senate.

 

Read full opinion.

February 11, 2019

Opinion on the City of Charleston’s Municipal Ordinance Section 21-113 (trespass warnings).

 

Requested by The Honorable P. Alesia Rico Flores, Administrative Judge, City of Charleston.

 

Read full opinion.

January 31, 2019

Opinion on pawn loan regulations (South Carolina Code of Laws Title 40, Chapter 39).

 

Requested by The Honorable Jonathon D. Hill, Member, South Carolina House of Representatives.

 

Read full opinion.

January 31, 2019

Opinion on e-citations (S.C. Code of Laws, Section 56-5-1900)

 

Requested by Brandy A. Duncan, Assistant General Counsel, S.C. Department of Motor Vehicles.

 

Read full opinion.

January 28, 2019

Opinion on the property tax appeals process.

 

Requested by The Honorable Con Chellis, Member, South Carolina House of Representatives.

 

Read full opinion.

January 23, 2019

Opinion on whether individual school districts can be licensed as proprietary security businesses in South Carolina (Section 40-18-60).

 

Requested by Mark A. Keel, Chief, South Carolina Law Enforcement Division.

 

Read full opinion.

 

 

January 14, 2019

Opinion on Inclusionary Zoning (S.346 and H.4162).

 

Requested by The Honorable Marvin Pendarvis, Member, South Carolina House of Representatives.

 

Read full opinion.

 

 

January 10, 2019

Opinion on whether the language “unless specifically prohibited by law” in Section 16-23-20 of the South Carolina Code includes prohibitions found in federal law (unlawful carrying of handgun; exceptions).

 

Requested by Sgt. Mike Lyons, Kershaw County Sheriff’s Office.

 

Read full opinion.

January 4, 2019

Opinion on the subpoena power of a standing committee (Sections 2-69-10, -20, -30, -40 and 2-2-50, Code of Laws of South Carolina).

 

Requested by The Honorable Marvin Pendarvis, Member, South Carolina House of Representatives.

 

Read full opinion.

January 28, 1974

Opinion on property taxes.

 

Requested by Member, South Carolina House of Representatives (Greenwood County).

 

Read full opinion.

December 17, 2018

Opinion on dual office holding  (member of the Florence School District 3 Board of Trustees and holds two positions within the Democratic Party of South Carolina).

 

Requested by The Florence School District 3 Board of Trustees.

 

Read full opinion.

December 13, 2018

Opinion on whether or not the County of Florence would qualify as the “State” for standing purposes.

 

Requested by Mr. D. Malloy McEachin, Jr., Esquire, attorney for Florence County.

 

Read full opinion.

December 13, 2018

Opinion on the term of a county council chairperson in Allendale County.

 

Requested by Mr. Walter H. Sanders, Jr., Esquire, attorney for Allendale County.

 

Read full opinion.

December 6, 2018

Opinion on 5th Amendment privilege against self-incrimination and the S.C. Protection of Persons and Property Act (Section 16-11-410 et seq.)

Requested by The Honorable Jimmy A. Richardson, II, Solicitor, 15th Judicial Circuit.

Read full opinion.

December 6, 2018

Opinion on the Freedom of Information Act as it pertains to the S.C. Criminal Justice Academy regulations and attorney work product privilege.

Requested by Mr. Lewis J. Swindler, Jr., Director, S.C. Criminal Justice Academy.

Read full opinion.

December 4, 2018

Opinion on whether under Section 59-24-60 of the South Carolina Code of Laws requires school officials to contact law enforcement when criminal conduct occurs.

 

Requested by The Honorable Randy E. Newman, Jr., Esquire, Solicitor, Sixth Judicial Circuit.

 

Read full opinion.

November 28, 2018

Opinion on whether there is any prohibition with respect to the Governor ordering state employees not to do business with a company which discriminates against the State of Israel.

Requested by The Honorable Alan D. Clemmons, Chairman, Rules Committee, South Carolina House of Representatives.

Read full opinion.

November 28, 2018

Opinion on whether South Carolina State Constables are eligible to carry concealed handguns outside of South Carolina pursuant to the Law Enforcement Officer Safety Act.

Requested by Mr. Clayton A. Pait, Florence.

Read full opinion.

November 20, 2018

Opinion on whether fire and rescue agencies have to register with the DMV their government owned all-terrain vehicles to travel on public roads to/from emergency incidents (Section 56-3-110, South Carolina Code of Laws).

Requested by Mr. M. Kyle Minick, Executive Director, South Carolina State Firefighters’ Association.

Read full opinion.

November 19, 2018

Opinion on whether a permit fee paid by a company to a county constitutes as a license tax.

Requested by The Honorable Nancy Mace, Member, South Carolina House of Representatives.

Read full opinion.

January 10, 1989

Opinion concerning a scheme in Spartanburg whereby an individual pays a courier service a fee in order for the service to buy a lottery ticket in another state which is then delivered back to the purchaser. This opinion addresses whether such a scheme is in violation of this State’s laws prohibiting lotteries.

Requested by: The Honorable Holman C. Gossett, Jr., Solicitor, Seventh Judicial Circuit

Read full opinion

November 14, 2018

Opinion on the method for calculating insurance premium taxes for surety insurers doing business in the State (Sections 38-7-20 and -60, South Carolina Code of Laws).

Requested by Mr. Raymond Farmer, Director, South Carolina Department of Insurance.

Read full opinion.

November 7, 2018

Opinion on whether the Governor has the authority to remove an elected official from office who pled guilty to Domestic Violence, Third Degree, as a crime involving moral turpitude (Section 16-25-20, South Carolina Code of Laws).

Requested by Thomas A. Limehouse, Jr., Legal Counsel to the Governor.

Read full opinion.

December 11, 1990

Opinion concerning whether a dual office holding situation exists if a state constable simultaneously serves as coroner.

Requested by: Mr. Wade Arnette, Coroner-Elect, Berkeley County

Read full opinion

October 30, 2018

Opinion on whether the SC Midlands EMS is not required to have a specific contract for field internships between member counties (Section 44-7-2010, South Carolina Code of Laws).

Requested by Mr. Chris Cothran, Executive Director, S.C. Midlands Emergency Medical Service Management Association.

Read full opinion.

October 30, 2018

Opinion on free tuition for students of veterans admitted to an early college credit or dual enrollment program at a technical college  (Section, 59-11-20).

Requested by Mr. Howard Metcalf, Director, Division of Veterans’ Affairs.

Read full opinion.

October 16, 2018

Opinion on whether the State Ethics Commission can require members of charter committees and members of a board of directors of a public charter school to file Statements of Public Interest.

Requested by Ms. Meghan Walker, Executive Director, South Carolina State Ethics Commission.

Read full opinion.

October 4, 2018

Opinion on whether the Governor has authority to appoint a commissioner to an elected seat of the Bath Water and Sewer District.

Requested by Richele K. Taylor, Chief Legal Counsel, Office of the Governor.

Read full opinion.

October 4, 2018

Opinion on dual office holding (Deputy Fire Chief and run for city council seat).

Requested by The Honorable Josiah Magnuson, Member, South Carolina House of Representatives.

Read full opinion.

October 2, 2018

Opinion on the release of certain personal information pursuant to a FOIA request.

Requested by Marcus K. Gore, General Counsel, South Carolina Department of Public Safety.

Read full opinion.

October 2, 2018

Opinion on the definition of the coroner’s office as it relates to public safety (Sections 17-5-70 and -115, South Carolina Code of Laws).

Requested by The Honorable Richard M. Harvey, Coroner, Colleton County.

Read full opinion.

September 25, 2018

Opinion on the legality a university policy allowing faculty or staff who also is a CWP holder carrying with express permission a concealed weapon on the campus.

Requested by The Honorable Paul G. Campbell, Jr., Member, South Carolina Senate.

Read full opinion.

 

September 17, 2018

Opinion on the applicability of the domestic violence statutes under Title 16, Chapter 25 of the South Carolina Code of Laws relating to a same sex relationship.

 

Requested by Isaac McDuffie Stone, III, Chairman, South Carolina Commission on Prosecution Coordination.

 

Read full opinion.

September 5, 2018

Opinion on the appropriateness of using the exigent circumstances exception of the Freedom of Information Act to amend an agenda so as to add a referendum question on the general election ballot regarding the creation of a special tax district.

 

Requested by John O. Williams II, Esquire, Attorney for Berkeley County.

 

Read full opinion.

August 30, 2018

Opinion on the State’s ability to regulate water sport industries that operate in the State’s territorial waters.

 

Requested by The Honorable Alan D. Clemmons, Chairman, State of South Carolina Rules Committee.

 

Read full opinion.

August 21, 2018

Opinion on the Capital Project Sales Tax (Section 4-10-350, Code of Laws of South Carolina).

 

Requested by The Honorable Stephen Goldfinch, Member, South Carolina Senate.

 

Read full opinion.

August 17, 2018

Opinion on dual office holding (serve as Town Clerk/Treasurer/Municipal Clerk and Clerk of Court).

 

Requested by Ms. Chaconas Parson, Town of Andrews.

 

Read full opinion.

August 29, 1975

Opinion on whether or not it is a violation of the Ethics Act to offer season football tickets to members of the General Assembly by officials of a state university or college.

Requested by The Presidents of The Citadel, Clemson University, South Carolina State College and the University of South Carolina.

Read full opinion.

July 20, 2018

Opinion on the legality of a fee charged by a county to owners who have a septic tank or other alternative systems.

 

Requested by The Honorable Glenn G. Reese, Member, South Carolina Senate.

 

Read full opinion.

July 17, 2018

Opinion on whether the Commission has jurisdiction to consider an application for recognition which was pending upon the effective date of Act No. 163.

 

Requested by The Honorable Alan Clemmons, Member, South Carolina House of Representatives.

 

Read full opinion.

July 3, 2018

Opinion on the diversion of prosecution at the magistrate and municipal level (South Carolina Code of Laws, Section 17-22-10 et seq.).

 

Requested by The Honorable Scarlett A. Wilson, Solicitor, Ninth Circuit.

 

Read full opinion.

 

 

July 10, 2018

Opinion on whether a special election is required for filling the balance of an unexpired term of office (South Carolina Code of Laws, Section 48-11-100(c)(8)).

 

Requested by Mr. Willie Horton McAbee, III, Pendleton.

 

Read full opinion.

July 3, 2018

Opinion on applying legal rates of interest for judgments submitted to the sheriff’s office (South Carolina Code of Laws, Section 34-31-20(B)).

 

Requested by The Honorable Michael E. Hunt, Sr., Sheriff, Aiken County.

 

Read full opinion.

June 29, 2018

Opinion on the possession of a handgun in common areas governed by a HOA and the issuance of warrants upon probable cause (Section 16-23-20, South Carolina Code of Laws).

 

Requested by The Honorable Phyllis Henderson, Member, South Carolina House of Representatives.

 

Read full opinion.

June 28, 2018

Opinion on the Freedom of Information Act.

 

Requested by The Honorable J. Will Haynie, Mayor, Town of Mount Pleasant.

 

Read full opinion.

June 28, 2018

Opinion on the legality of a CWP holder carrying a concealed weapon into a church which operates a daycare and preschool on the same premises (Section, 23-31-215(M), South Carolina Code of Laws).

 

Requested by The Honorable Ronnie W. Cromer and Tom Corbin, Members, South Carolina Senate and The Honorable Nathan Ballentine, Member, South Carolina House of Representatives.

 

Read full opinion.

June 27, 2018

Opinion on the regulation of practice shooting ranges in South Carolina (S.C. Code Ann. Sections 31-18-50 and 23-31-510).

 

Requested by The Honorable Glenn Reese, Member, South Carolina Senate.

 

Read full opinion.

 

 

June 21, 2018

Opinion on the disposition of funds collected by a local nonprofit corporation and control over the construction of a local library.

 

Requested by Ms. Leesa M. Aiken, Agency Director, South Carolina State Library.

 

Read full opinion.

June 21, 2018

Opinion on the Adult Healthcare Consent Act (S.C. Code Ann. Section 44-66-10 et seq.).

 

Requested by Mr. Patrick J. Maley, Interim State Director, South Carolina Department of Disabilities and Special Needs.

 

Read full opinion.

June 13, 2018

Opinion on the Crime Reduction and Sentencing Reform Act (South Carolina Code of Laws, Sections 24-21-670 and 24-21-280(D)).

 

Requested by Mr. Jerry B. Adger, Director, State Department of Probation, Parole and Pardon Services.

 

Read full opinion.

June 12, 2018

Opinion on enforcement of local city ordinance 73.03 regarding golf cart operation.

 

Requested by Chief Andrew Gilreath, Department of Public Safety, City of Folly Beach.

 

Read full opinion.

 

 

June 12, 2018

Opinion on the legality of a mutual benefit corporation stating in its Articles of Incorporation to not have members (South Carolina Nonprofit Act).

 

Requested by The Honorable Mike Sottille, Member, South Carolina House of Representatives.

 

Read full opinion.

 

 

June 7, 2018

Opinion on the appropriate court to issue warrants requested by the South Carolina Department of Corrections operating within municipal limits.

 

Requested by The Honorable Larry Rogers, Municipal Judge, City of Bennettsville.

 

Read full opinion.

May 29, 2018

Opinion on the construction and application of Section 56-25-40(b) of the South Carolina Code of Laws (criminal penalties for failure to appear as required by a uniform traffic ticket).

 

Requested by The Honorable B. Lee Miller, Municipal Judge, City of Greenwood.

 

Read full opinion.

 

 

May 22, 2018

Opinion on clarification or revision of county boundaries (voter registration) under Section 27-5-105, South Carolina Code of Laws.

 

Requested by Ms. Marci Andino, Executive Director, South Carolina Election Commission.

 

Read full opinion.

May 11, 2018

Opinion on who controls or owns Town of Hilda Fire Department.

 

Requested by The Honorable John T. McClary Jr., Mayor, Town of Hilda.

 

Read full opinion.

May 8, 2018

Opinion on the legality of rollback taxes following a county boundary line shift (South Carolina Code of Laws, Title 12, Section 12-43-220).

 

Requested by The Honorable Sean M. Bennett, Member, South Carolina Senate.

 

Read full opinion.

May 7, 2018

Opinion on notarial certificate for verification or proof of the signature of a principal by subscribing witness (2014 amendment to Section 26-1-120).

 

Requested by John H. Harris, Attorney for Spartanburg County.

 

Read full opinion.

May 4, 2018

Opinion on the interpretation and implementation of the Iran Divestment Act of 2014.

 

Requested by The Honorable Alan Clemmons, Member, South Carolina House of Representatives.

 

Read full opinion.

 

 

May 2, 2018

Opinion on whether the removal of all revised rate increases imposed per the Base Load Review Act on a prospective and interim basis complies with the applicable constitutional balancing test until the proposed Dominion/SCANA merger petition is resolved by the Public Service Commission.

 

Requested by The Honorable Peter McCoy, Todd Rutherford, and Kirkman Finlay, Members, South Carolina House of Representatives.

 

Read full opinion.

April 23, 2018

Opinion on the constitutionality of S.1116.

 

Requested by The Honorable John R. McCravy III, Member, South Carolina House of Representatives.

 

Read full opinion.

April 23, 2018

Opinion on whether Concealed Weapon Permit holders are immune from criminal/civil liability when attempting to defend themselves and others during a mass shooting (Stand Your Ground law).

 

Requested by The Honorable Joe Daning, Member, South Carolina House of Representatives.

 

Read full opinion.

April 17, 2018

Opinion on the constitutionality of Senate Bill 970, which is in committee and which would impose fines for the operation of locomotives not equipped with Positive Train Control technology.

 

Requested by The Honorable Marlon Kimpson and Paul G. Campbell, Jr., Members, South Carolina Senate.

 

Read full opinion.

April 9, 2018

Opinion on whether the S.C. Contractors Licensing Board has statutory authority to consider financial information pertaining to an applicant’s employee stock ownership plan (Section 40-11-5 to -570).

 

Requested by The Honorable Chip Huggins, Member, South Carolina House of Representatives.

 

Read full opinion.

April 3, 2018

Opinion on whether a vendor who supplies and installs “paint shops” to contractors needs a S.C. general contractors license.

 

Requested by The Honorable Robert M. Hitt III, Secretary, South Carolina Department of Commerce.

 

Read full opinion.

April 3, 2018

Opinion on interpretation of Section 33-31-1602 relating to non-profit associations (IRS Code 501 c 6).

 

Requested by The Honorable Bart T. Blackwell, Member, South Carolina House of Representatives.

 

Read full opinion.

March 30, 2018

Opinion on whether or not the South Carolina DMV is required to comply with expungement orders (Sections 17-1-40 and 17-22-950, South Carolina Code of Laws).

 

Requested by The Honorable C. Ryan Johnson, Chief Judge, Greenwood County.

 

Read full opinion.

March 30, 2018

Opinion on whether or not an affiant can be sworn in electronically (Section 17-13-140, South Carolina Code of Laws).

 

Requested by The Honorable John D. Shillinglaw, Municipal Judge, City of York.

 

Read full opinion.

March 27, 2018

Opinion on authority of a county to collect code enforcement liens on behalf of a municipality (S.C. Code of Laws, Section 5-7-80) and  overruling opinion dated June 2, 2014 regarding “any applicable fees” in Section 12-43-350(9).

 

Requested by The Honorable Sylleste Davis, Member, South Carolina House of Representatives.

 

Read full opinion.

March 26, 2018

Opinion on election of county sheriffs (S.C. Constitution, Art. III, Section 34 and Art. V, Section 24; S.C. Code Ann. Section 23-11-10).

 

Requested by The Honorable Joshua A. Putnam, Member, South Carolina House of Representatives.

 

Read full opinion.

March 23, 2018

Opinion on vehicle towing (Section 56-10-225, South Carolina Code of Laws).

 

Requested by The Honorable Alan Clemmons, Member, South Carolina House of Representatives.

 

Read full opinion.

March 23, 2018

Opinion on dual office holding (law clerk to circuit judge and district director of Three & Twenty Creek Watershed District).

 

Requested by W.H. McAbee, III, Pendleton.

 

Read full opinion.

March 23, 2018

Opinion on responsibility of South Carolina Human Affairs Commission attorneys in requests for application for review or an appeal by an aggrieved party.

 

Requested by R. Alexander Pate, II, Legal Division, South Carolina Human Affairs Commission.

 

Read full opinion.

March 21, 2018

Opinion on prioritizing workforce development training for in-state residents (Section 59-112-20).

 

Requested by John O. Williams II, Esquire, Attorney for Berkeley County.

 

Read full opinion.

March 16, 2018

Opinion on whether or not a special officer or constable may be hired to work in a part-time capacity for a municipal police department.

 

Requested by The Honorable John E. Elkin, Chief of Police, The Foxville & Northern Railroad Co., LLC.

 

Read full opinion.

 

 

March 9, 2018

Opinion on lawsuits against manufacturers, distributors and retailers of opioid products.

 

Requested by The Honorable Chip Huggins, Member, South Carolina House of Representatives.

 

Read full opinion.

March 8, 2018

Opinion on dual office holding (employee of Marion County Detention Center and serve as member of the Marion County Council).

 

Requested by The Honorable Kent Williams, Member, South Carolina Senate.

 

Read full opinion.

March 7, 2018

Opinion on dual office holding (member of Allendale County School Board and is appointed to the Allendale-Hampton-Jasper Regional Library Board and another person who is a member of the Fairfax Town Council and is appointed to the Allendale-Hampton-Jasper Regional Library Board).

 

Requested by Walter H. Sanders, Jr., Attorney for Allendale County.

 

Read full opinion.

March 6, 2018

Opinion on the Anderson County Fire Protection Commission, a special purpose district, regarding tax millage and bonds.

 

Requested by Leon Harmon, Esquire, Attorney for Anderson County.

 

Read full opinion.

March 6, 2018

Opinion on whether a municipality can provide school resource officers to schools outside of its geographical limits (S.C. Code Ann. Section 5-7-12).

 

Requested by Leon C. Harmon, Esquire, Attorney for Anderson County.

 

Read full opinion.

March 2, 2018

Opinion on who has authority to administer oath of office to newly elected police officers (S.C. Constitution, art. III, Section 26; S.C. Code of Laws, Section 8-3-10).

Requested by the Honorable C.A. Robinson, Police Chief, City of York.

 

Read full opinion.

February 26, 2018

Opinion on the allocation of per diem expenses for juveniles in the custody of the Dept. of Juvenile Justice.

 

Requested by The Honorable Bryan “Jay” Koon, Sheriff, Lexington County.

 

Read full opinion.

 

 

February 21, 2018

Opinion on the interpretation of Section 5-7-230, S.C. Code of Laws (appointment of town attorney).

 

Requested by The Honorable Skip Wilson, Former Mayor, Town of Chapin.

 

Read full opinion.

 

 

February 21, 2018

Opinion on dual office holding (member of city council and county school board’s advisory council).

 

Requested by Gary H. Smith, III, Esquire, Attorney for City of Aiken.

 

Read full opinion.

February 20, 2018

Opinion on whether timber sales from state parks managed by the S.C. Department of Parks, Recreation & Tourism should be considered surplus property (Sections 51-1-60; 51-3-110 and 51-3-120).

 

Requested by Emily Johnson, General Counsel, S.C. Department of Parks, Recreation & Tourism.

 

Read full opinion.

February 16, 2018

Opinion on clarification of November 30, 2017 Opinion regarding trespassing on public school property.

 

Requested by The Honorable Mia McLeod, Member, South Carolina Senate.

 

Read full opinion.

January 31, 2018

Opinion on uninsured motorist provision (Section 38-77-150).

Requested by Mr. D. Scott Beard, Deputy Director, Department of Crime Victim Compensation, South Carolina Office of the Attorney General.

Read full opinion.

January 30, 2018

Opinion on proposed “Request to Transfer to Another Sponsor” (S.C. Public Charter School District, S.C. 59-40-55 and S.C. Code Annotated Sections 220 and 230).

Requested by The Honorable J. Gregory Hembree, Member, South Carolina Senate.

Read full opinion.

January 22, 2018

Opinion on whether registers of deeds have the right to refuse to record documents from SCDOR which were not transmitted electronically (South Carolina Code of Laws, Section 12-53-45).

Requested by Mr. Timothy Nanney, Register of Deeds, Greenville County.

Read full opinion.

January 18, 2018

Opinion on the authority of DHEC to license/regulate the practice of mid-wifery by lay midwives (Section 44-1-140, South Carolina Code of Laws).

Requested by Marshall Taylor, General Counsel S.C. Department of Health and Environmental Control.

Read full opinion.

January 18, 2018

Opinion on the constitutionality of educational credit for exceptional needs children (H. Bill 3720, Section 109.11).

Requested by The Honorable Tom Davis, Member, South Carolina Senate.

Read full opinion.

January 10, 2018

Opinion on educational requirements from on line/long distance courses to obtain a state real estate license (Section 40-57-340(F)).

Requested by The Honorable Nathan Ballentine and The Honorable Daniel Hamilton, Members, South Carolina House of Representatives.

Read full opinion.

January 9, 2018

Opinion on the use of accommodations and hospitality taxes towards the acquisition of and equipping the sheriff’s office patrol cars in Jasper County (Sections 6-1-530 and 6-1-370, South Carolina Code of Laws).

Requested by David L. Tedder, Esquire, Attorney for Jasper County.

Read full opinion.

January 9, 2018

Opinion on whether permitted growers in the S.C. Industrial Hemp Pilot Program may obtain industrial hemp seeds from a qualifying industrial hemp program in another state (Agricultural Act of 2014, Section 7606, codified at 7 U.S.C. Section 5940).

Requested by The Honorable Hugh E. Weathers, South Carolina Commissioner of Agriculture.

Read full opinion.

January 2, 2018

Opinion on whether town council attorney who works less than 20 hours per week on council business is entitled to state benefits.

Requested by The Honorable Stephen W. Tumbleston and The Honorable William Waters, Councilmen, Town of Ravenel.

Read full opinion.

December 29, 2017

Opinion on Greenville municipal ordinance 24-264 (possession, carrying or transportation of firearms).

Requested by The Honorable R. Josiah Magnuson, Member, South Carolina House of Representatives.

Read full opinion.

December 21, 2017

Opinion on the legality of the expansion and annexation of the City of North Charleston to include the property of Runnymede.

Requested by The Honorable Lin Bennett, Member, South Carolina House of Representatives.

Read full opinion.

December 20, 2017

Opinion on providers and resellers of wireless Lifeline services and their Lifeline subscribers eligible for support from the South Carolina Universal Service Fund’s Lifeline program.

Requested by Mr. William W. Wheeler, III, Member, South Carolina House of Representatives.

Read full opinion.

December 18, 2017

Opinion on whether a county board of voter registration and elections is a board or agency of the respective county or a board or agency of the State.

Requested by Mr. Rokey W. Suleman, II, Director, Richland County Board of Voter Registration and Elections.

Read full opinion.

December 11, 2017

Opinion as to the exclusion of information relating to security plans and devices (cybersecurity matters) under the S.C. Freedom of Information Act (Section 30-4-20(c)).

Requested by Ms. Marci Andino, Executive Director, South Carolina Election Commission.

Read full opinion.

December 5, 2017

Opinion on whether the county administrator can alter a vendor contract which impacts the auditor from conducting business.

Requested by The Honorable Jim Beckert, Beaufort County Auditor.

Read full opinion.

December 1, 2017

Opinion on the constitutional requirement to affix the Great Seal of the State upon a legislative act when enacted (S.C. Const. Art III, Section 18).

Requested by The Honorable Joshua Putnam, Member, South Carolina House of Representatives.

Read full opinion.

November 30, 2017

Opinion on trespassing on public school property.

Requested by The Honorable Mia McLeod, Member, South Carolina Senate.

Read full opinion.

November 20, 2017

Opinion on South Carolina Code Ann. Sections 4-8-20 et seq. and 4-8-95 (Does a commission for the creation of a consolidated political subdivision have authority to continue studies and the drafting of a proposed consolidated government charter where a city council preemptively voted to exclude itself?)

Requested by Walter H. Sanders, Esquire, Attorney for Allendale County.

Read full opinion.

November 14, 2017

Opinion on South Carolina Code Section 59-53-10 et seq. as to whether the State Board for Technical and Comprehensive Education has the authority to temporarily assume control of and financial operation of a technical college where the college has or is projected to have a budget deficit within the current fiscal year.

Requested by Mr. Tim Hardee, President, SC Technical College System and Executive Director, State Board for Technical and Comprehensive Education.

Read full opinion.

October 31, 2017

Opinion on schools of choice (South Carolina Code Section 59-19-350).

Requested by The Honorable Molly M. Spearman, State Superintendent of Education.

Read full opinion.

October 31, 2017

Opinion on dual office holding (Deputy Coroner and board member of the Rescue Squad Board).

Requested by The Honorable Laura G. Kneece, Coroner, Newberry County.

Read full opinion.

October 30, 2017

Opinion on the Town of James Island raising millage to purchase solid waste collection by contract from James Island Public Service District.

Requested by The Honorable Bill Woolsey, Mayor, Town of St. James Island.

Read full opinion.

October 27, 2017

Opinion clarifying the October 11, 2017 opinion on the legality of a non-profit organization holding a Riverboat Casino night.

Requested by The Honorable Neal Collins, The Honorable Gary Clary, Members, South Carolina House of Representatives, and The Honorable Thomas Alexander, Member, South Carolina Senate.

Read full opinion.

October 27, 2017

Opinion on tobacco retail licensing.

Requested by Teresa A. Knox, Esquire, Attorney for City of Columbia.

Read full opinion.

October 24, 2017

Opinion on the procedure of the disposition of cash property received from a defendant by the sheriff’s office.

Requested by The Honorable S. Duane Lewis, Berkeley County Sheriff.

Read full opinion.

October 18, 2017

Opinion on dual office holding (board chairperson of S.C. public charter school and a member on a charter committee for a separate proposed charter school, Sec. 59-40-40(7)).

Requested by Tyler R. Turner, Esquire, counsel to Cyber Academy of South Carolina.

Read full opinion.

October 17, 2017

Opinion on dual office holding (local magistrate and serve as county attorney in same county).

Requested by The Honorable Margie Bright Matthews, Member, South Carolina Senate.

Read full opinion.

October 11, 2017

Opinion on the legality of gambling in the context of a “casino night” held by a private organization as a charity fundraiser.

Requested by Captain Chad Brooks, Pickens County Sheriff’s Office.

Read full opinion.

October 11, 2017

Opinion on the interpretation of South Carolina Code Section 59-25-10 (regarding employment as a teacher of a member of the board of trustees or member of the immediate family of a member of the board of trustees of any school).

Requested by The Honorable Shane Martin, Member, South Carolina Senate.

Read full opinion.

October 11, 2017

Opinion on whether the City of Charleston can require animal-drawn carriage businesses to take part in a scientific study of working conditions for animal welfare.

Requested by The Honorable Peter McCoy, Member, South Carolina House of Representatives.

Read full opinion.

October 10, 2017

Opinion on interpretation of S.C. Code Ann. Section 54-3-119 regarding eminent domain, the Rule Against Perpetuities, and the right of first refusal for landowners and their heirs.

Requested by Randolph R. Lowell, Esquire, Attorney for the South Carolina Ports Authority.

Read full opinion.

October 9, 2017

Opinion on the rules of Greenville County Council.

Requested by The Honorable Garry R. Smith, Member, South Carolina House of Representatives.

Read full opinion.

October 9, 2017

Opinion on reducing the number of polling places during a municipal election for council members to one central polling place.

Requested by G.W. Parker, Esquire, Attorney for Town of Summerville.

Read full opinion.

September 26, 2017

Opinion on whether or not the South Carolina Department of Transportation projects and borrow pits for these projects are subject to local zoning ordinances.

Requested by The Honorable Alan D. Clemmons, Chairman, Rules Committee, South Carolina House of Representatives.

Read full opinion.

September 26, 2017

Opinion on the constitutionality of the Base Load Review Act of 2007 (S.C. Code Section 58-33-210 et seq.).

Requested by The Honorable G. Murrell Smith, Jr., Leon E. Stavrinakis, J. Gary Simrill, and James E. Smith, Jr., Members, South Carolina House of Representatives.

Read full opinion.

September 22, 2017

Opinion on the custody and control of a county jail (Sections 24-5-10 and 24-5-12).

Jerrod M. Bruder, Executive director, South Carolina Sheriffs’ Association.

Read full opinion.

September 7, 2017

Opinion on charter school funding.

Requested by The Honorable Henry McMaster, Governor, South Carolina.

Read full opinion.

September 6, 2017

Opinion on whether individual convicted of arson and received a pardon from South Carolina can be allowed to work for the local fire department (Section 40-80-20, Code of Laws).

Requested by The Honorable Kent Williams, Member, South Carolina Senate.

Read full opinion.

August 30, 2017

Opinion on whether a county council can spend accommodations or hospitality tax funds to construct a culinary art institute or a culinary art tourism center (Section 6-1-500 et seq.).

Requested by Christopher S. Inglese, Esquire, Assistant Attorney for Beaufort County.

Read full opinion.

August 22, 2017

Opinion on whether the Inspector General has authority to review a non-profit charitable foundation created to support a publically-funded state agency.

Requested by The Honorable Brian D. Lamkin, Inspector General, Office of the Inspector General.

Read full opinion.

July 9, 1981

Opinion on term limits for Summerville Public Works Commissioners (Section 5-31-210 of the South Carolina Code of Laws, 1976).

Requested by Mr. Walter M. Bailey, Jr., Attorney, Town of Summerville.

Read full opinion.

August 16, 2017

Opinion on the crime of moral turpitude, S.C. Const. art. VI, Section 8, and S.C. Code Section 16-5-50.

Requested by Thomas A. Limehouse, Jr., Legal Counsel, Office of the Governor.

Read full opinion.

August 16, 2017

Opinion on the requirements for filing a Statement of Economic Interest (SEI).

Requested by The Honorable Tommy M. Stringer, Member, South Carolina House of Representatives.

Read full opinion.

August 10, 2017

Opinion on the validity of recording deeds by auditors, registers of deeds and clerks of courts in light of S.C. Code Sections 30-5-30, 30-5-80, 8-21-130, and 12-39-260.

Requested by James M. Holly, Esquire, Attorney for Aiken County.

Read full opinion.

July 27, 2017

Opinion on the funding for School Resource Officers.

Requested William F. Halligan, Attorney for Kershaw County School District.

Read full opinion.

July 21, 2017

Opinion on a proposed municipal incorporation application.

Requested by The Honorable Dennis C. Moss, Chairman, Joint Committee on Municipal Incorporation, South Carolina House of Representatives.

Read full opinion.

July 13, 2017

Opinion on the Dillon County Council’s use of proceeds from the local option sales tax.

Requested by Bruce E. Davis, Esquire, Attorney for Dillon County Board of Education.

Read full opinion.

July 12, 2017

Opinion on eligibility of candidates for certification as law enforcement officers.

Requested by Director Lewis J. Swindler Jr., South Carolina Criminal Justice Academy.

Read full opinion.

 

July 11, 2017

Opinion on a provision of the Deferred Presentment Services Act (Section 34-39-270(F) of the South Carolina Code of Laws)).

Requested by The Honorable Edward Tallon, Member, South Carolina House of Representatives.

Read full opinion.

July 11, 2017

Opinion on S. Bills 365 and 263 (championship license plates).

Requested by Mr. Kevin Shwedo, Executive Director, South Carolina Department of Motor Vehicles.

Read full opinion.

July 10, 2017

Opinion on disbursement of statutory plate fees.

Requested by Mr. Kevin Shwedo, Executive Director, South Carolina Department of Motor Vehicles.

Read full opinion.

July 10, 2017

Opinion on whether an irrevocable credit line can be considered a discharge of real property under S.C. Code Ann. Section 29-5-110.

Requested by D. Malloy McEachin, Jr., Attorney for Florence County.

Read full opinion.

June 30, 2017

Opinion on dual office holding (town councilman and member of advisory council on Office on Aging).

Requested by The Honorable Mark Smith, Councilman, Town of Mount Pleasant.

Read full opinion.

 

June 26, 2017

Opinion on service terms for Commissioners at the South Carolina Department of Transportation.

Requested by The Honorable Kirkman Finlay III, Member, South Carolina House of Representatives.

Read full opinion.

June 8, 2017

Opinion on whether C-funds can be used to pay for an attorney’s services relating to contracts let by the CTC if the County Transportation Committee is a standalone Committee and not attached to a county council, or a town.

Requested by The Honorable Michael W. Gambrell, Member, South Carolina Senate.

Read full opinion.

 

June 5, 2017

Opinion on a clerk’s use of fees paid by bail bondsmen (Section 38-53-100(d)).

Requested The Honorable Charles L. Reel, Edgefield County Clerk of Court.

Read full opinion.

June 2, 2017

Opinion on whether the process delineated in Section 6-11-10 et seq. is violative of the South Carolina Constitution.

Requested by The Honorable Steven W. Long, and the Honorable Josiah Magnuson, Members, South Carolina House of Representatives.

Read full opinion.

February 27, 1980

Opinion on how to proceed when the son of the Chairman of the South Carolina Alcoholic Beverage Control Commission son appears as an attorney for a party before the Commission.

Requested by The Honorable Miller S. Ingram, Chairman, South Carolina Alcoholic Beverage Control Commission.

Read full opinion.

May 17, 2017

Opinion on whether a police department may purchase a gyroplane with funds forfeited pursuant to S.C. Code Ann. Section 44-53-520 (2016).

Requested by James R. Battle, Esquire, Attorney for the Myrtle Beach Police Department.

Read full opinion.

May 15, 2017

Opinion on which persons qualify as “agents” to represent a business in a civil magistrate’s court proceeding as a non-lawyer.

Requested by The Honorable Paul G. Campbell, Jr., Member, South Carolina Senate.

Read full opinion.

May 15, 2017

Opinion on whether a local magistrate can void a county ordinance (Lancaster County Code 22, nuisance complaint).

Requested by The Honorable Deborah Long, Member, South Carolina House of Representatives.

Read full opinion.

May 4, 2017

Opinion on dual office holding (member of Allendale County School Board and Allendale County Hospital Board).

Requested by Walter H. Sanders, Jr., Esquire, Attorney for Allendale County.

Read full opinion.

May 1, 2017

Opinion on the constitutionality of ABA Model Rule 8.4 being adopted in South Carolina (governing the conduct of members of the South Carolina Bar).

Requested by The Honorable John R. McCravy III, Member, South Carolina House of Representatives.

Read full opinion.

 

May 1, 2017

Opinion on whether it is appropriate for the S.C. Department of Revenue to charge sales tax for certain transactions.

Requested by The Honorable Sandy Senn, Member, South Carolina Senate.

Read full opinion.

 

April 26, 2017

Opinion on incentivized inclusionary zoning requirements (Home Rule Act of 1975).

Requested by The Honorable Wendell G. Gilliard, Member, South Carolina House of Representatives.

Read full opinion.

April 25, 2017

Opinion on impact of 2016 SC-NC boundary line clarification on students’ ability to attend York County School District.

Requested by The Honorable Raye Felder, Member, South Carolina House of Representatives.

Read full opinion.

 

April 24, 2017

Opinion on potential conflict on corporate formation, licensing of two professions, and state procurement and exemptions.

Requested by The Honorable Raye Felder, Member, South Carolina House of Representatives.

Read full opinion.

 

April 14, 2017

Opinion on whether a school board chairman has authority to assign seating at meetings and deny the right to vote to a member who refuses to sit in assigned seat.

Requested by The Honorable John W. Matthews, Jr., Member, South Carolina Senate.

Read full opinion.

 

April 13, 2017

Opinion on whether the Pioneer Rural Water District has the power to contract for or undertake construction of a new freshwater treatment facility (Article 3 of Chapter 13, Title 6).

Requested by The Honorable Bill Sandifer, Member, South Carolina House of Representatives.

Read full opinion.

April 5, 2017

Opinion on whether an audio recording is a public record subject to disclosure under the S.C. Freedom of Information Act (S.C. Code Ann. Sections 30-4-10 et seq.).

Requested by The Honorable Katrina Shealy, Member, South Carolina Senate.

Read full opinion.

April 3, 2017

Opinion on South Carolina Dept. of Motor Vehicles’ obligation to translate materials under Title VI of the Civil Rights Act and Executive Order No. 13166.

Requested by Mr. Kevin A. Shwedo, Executive Director, South Carolina Dept. of Motor Vehicles.

Read full opinion.

 

March 28, 2017

Opinion on whether a South Carolina municipality may implement a private percent for art as part of its building permit program.

Requested by Mary C. McCormac, Esquire, Attorney for the City of Clemson.

Read full opinion.

 

 

March 28, 2017

Opinion on whether Richland County is required to provide ambulance service to mentally ill patients (Section 44-17-440).

Requested by Elizabeth A. McLean, Deputy Richland County Attorney.

Read full opinion.

March 24, 2017

Opinion on proposed Florence County School Dist. #3 legislation extending the school board term from 3 to 4 years and election of school board to be held on even number years.

Requested by The Honorable Roger Kirby, Member, South Carolina House of Representatives.

Read full opinion.

March 24, 2017

Opinion on dual office holding (serves as Mayor pro tem and deputy coroner for a county).

Requested by The Honorable Rick Martin, Member, South Carolina House of Representatives.

Read full opinion.

March 20, 2017

Opinion on dual office holding (County Council Member and Director of Elections/Voter Registration; or Director of Campaigns, Midland Technical College;  or Grants and Government Relations Specialist, Columbia Museum of Art.

Requested by Bradley T. Farrar, Esquire, Chief Deputy Richland County Attorney.

Read full opinion.

March 20, 2017

Opinion on continuing education requirements for manufactured housing licenses (S.C. Code Ann. Sections 40-29-5 to -380).

Requested by The Honorable Chip Huggins, Member, South Carolina House of Representatives.

Read full opinion.

March 14, 2017

Opinion on proposed Greenville County Council ordinance (two parts under one ordinance), number of votes required to pass the ordinance, and whether Section 6-1-330 violates the Home Rule Statute.

Requested by The Honorable Dwight Loftis and J.M. “Mike” Burns, Members, South Carolina House of Representatives.

Read full opinion.

March 9, 2017

Opinion on crime of moral turpitude.

Requested by Thomas Limehouse, Legal Counsel, Office of the Governor.

Read full opinion.

 

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Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

Room 519 | Columbia, S.C. 29201

Phone: 1-803-734-3970 | Fax: (803) 253-6283

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