Archive for the ‘Opinions’ Category

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.

 

March 2, 2017

Opinion on legality of Barnwell ordinance (whether Barnwell County can vacate by ordinance the Barnwell County Economic Development Corporation’s and Barnwell County Economic Development Commission’s duties and ownership of land and assets as negotiated with three municipalities).

Requested by Thomas M. Boulware, Attorney for City of Barnwell and Town of Williston.

Read full opinion.

 

February 28, 2017

Opinion on term of Director of the S.C. Department of Health and Environmental Control when filling a previous Director’s unexpired term or serve a new full term (Sections 44-1-10 and 44-1-20).

Requested by W. Marshall Taylor, Jr., Chief Counsel to the Board of the S.C. Department of Health and Environmental Control.

Read full opinion.

 

 

February 21, 2017

Opinion on dual office holding (member of Bishopville City Council and board member of Lee County Archives Commission).

Requested by Ms. Henrietta Tindal, Bishopville.

Read full opinion.

 

June 5, 1979

Opinion on property tax-homestead exemption and other questions.

Requested by Mr. Ernest W. Cooler, Office of Comptroller General.

Read full opinion.

February 14, 2017

Opinion on the constitutionality of delegating the authority to establish business license tax rate classes to the MASC and whether it is permissible for the General Assembly to delegate to the MASC to be the filing body and collector for business license taxes owed by business operators in S.C.

 

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

Read full opinion.

 

February 10, 2017

Opinion on S.C. Code Section 56-3-1965 (whether Charleston County Aviation Authority is a “municipality” and thus subject to the statute requiring municipalities to provide free parking to handicapped people with placards or plates).

 

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

Read full opinion.

 

 

February 7, 2017

Opinion on composition of accommodations tax advisory committee and proper disbursement of accommodations tax revenue.

 

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

Read full opinion.

 

February 1, 2017

Opinion on residency requirements for commissioners of the Richland County Recreation Commission.

 

Requested by The Honorable John Scott, Member, South Carolina Senate.

Read full opinion.

January 31, 2017

Opinion on eligible voters to be included on voter registration list used when an election is overturned due to irregularities or illegalities.

 

Requested by Ms. Marci Andino, Executive Director, State Election Commission.

Read full opinion.

January 31, 2017

Opinion on whether Beaufort County has legal responsibility to clear marine debris from property located with the tidelands (Section 48-39-10(G)).

 

Requested by Thomas Keaveny, Esquire, Beaufort County Attorney.

Read full opinion.

January 25, 2017

Opinion on dual office holding (may the mayor of a small town also work full time as a procurement manager for the SC Department of Probation, Parole and Pardon Services?).

 

Requested by Octavia Y. Wright, Legal Counsel, SC Department of Probation, Parole and Pardon Services.

Read full opinion.

 

January 23, 2017

Opinion on dual office holding (serve as a member of the Denmark Technical College’s Local Area Commission and as a member of the board for the Orangeburg-Calhoun-Allendale-Bamberg Community Action Agency, Inc.).

 

Requested by Andrea White, Counsel, Denmark Technical College.

Read full opinion.

January 20, 2017

Opinion on the authority of a municipality to levy a new tax and/or increase a property tax in accord with S.C. Code §§ 6-1-310, 6-1-320 et seq.

 

Requested by Ms. Miriam Hair, Executive Director, Municipal Association of South Carolina.

Read full opinion.

January 18, 2017

Opinion on the interpretation of the Horizontal Property Act (S.C. Code Section 27-31-10 et seq.) regarding the allocation of insurance deductibles and expenses associated with hurricane damage to horizontal property regimes/associations.

 

Requested by The Honorable Wm. Weston Newton, Member, South Carolina House of Representatives.

Read full opinion.

 

January 10, 2017

Opinion on statutorily required amortization schedule of unfunded liabilities of the South Carolina Retirement System (S.C. Code Ann. Section 9-1-1085(C)).

 

Requested by The Honorable Curtis M. Loftis, South Carolina State Treasurer.

Read full opinion.

 

January 9, 2017

Opinion on supervised loans governed by S.C. Code Section 37-3-511 (S.C. Consumer Protection Code).

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

Read full opinion.

January 6, 2017

Opinion on the Deferred Presentment Services Act (S.C. Code Section 34-39-110 et seq.).

Requested by Commissioner Ronald R. Bodvake, South Carolina Board of Financial Institutions.

Read full opinion.

January 4, 2017

Opinion on the assessment of property pursuant to the Bailey Bill (S.C. Code §§ 4-9-195, 5-21-140).

Requested by The Honorable Carl Pennington, IV, Mayor, City of Hartsville.

Read full opinion.

January 3, 2017

Opinion on Section 33-31-117 (does the State’s Nonprofit Corporation Act apply to homeowner associations?).

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

Read full opinion.

 

December 21, 2016

Opinion on whether Section 1-31-30 of the South Carolina Code of Laws authorizes the Board of Commissioners of the South Carolina Commission for Minority Affairs to hire personnel in addition to the executive director position.

Requested by The Honorable Kenneth Battle, Chairman, South Carolina Commission for Minority Affairs.

Read full opinion.

December 20, 2016

Opinion on whether the SC Department of Revenue has the authority to cancel certain permits that have been authorized by an affirmative vote on a referendum during the general election (S.C. Code Ann. Section 61-6-2010).

Requested by The Honorable J. Derham Cole, Member, South Carolina House of Representatives.

Read full opinion.

 

 

December 13, 2016

Opinion on dual office holding (Chairman of the Tyger River Fire Service Board and serves as Reserve Deputy of the Spartanburg Sheriff’s office).

Requested by James C. Redd, Fire Chief, Tyger River Fire Service Area.

Read full opinion.

December 12, 2016

Opinion on whether a foreign judgment from an Israeli court is enforceable in SC courts.

Requested by Tomar Goldstein, Feferberg & Co. law firm, Israel.

Read full opinion.

 

December 9, 2016

Opinion on whether a special purpose district’s fire board can be elected by popular vote.

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

Read full opinion.

December 2, 2016

Opinion on whether a conviction of misconduct in office can be considered a crime of moral turpitude.

Requested by Gwendolyn F. McGriff, Deputy Director and General Counsel, South Carolina Department of Insurance.

Read full opinion.

 

November 18, 2016

Opinion on whether C funds can be used to pave ingress/egress and parking areas of fire departments located within Chester County.

Requested by Joan Winters, Esquire, attorney for Chester County.

Read full opinion.

November 17, 2016

Opinion on whether the SC Dept. of Natural Resources or other state agency, county or local government have the authority to limit, restrict or close waterfowl hunting on navigable waters during statewide waterfowl seasons.

Requested by The Honorable Stephen Goldfinch, Member, South Carolina House of Representatives.

Read full opinion.

November 15, 2016

Opinion on repair and maintenance of county roads in municipalities.

Requested by G. Lee Cole, Esquire, Williamston Town Attorney.

Read full opinion.

November 7, 2016

Opinion on whether an agreement between a regional transit authority and private property owner is prohibited from containing an indemnification provision.

Requested by Francenia B. Heizer, Esquire, McNair Law Firm.

Read full opinion.

November 1, 2016

Opinion on whether an ordinance setting an implementation date for a change in the form of government is consistent with the Constitution and the general law of the state.

Requested by The Honorable Paul Thurmond, Member, South Carolina Senate

Read full opinion.

October 25, 2016

Opinion on whether Sections 21-1639 through 21-1641 of the S.C. Code of Laws of 1962 are still applicable in South Carolina.

Requested by The Honorable Stephen Goldfinch, Member, South Carolina House of Representatives.

Read full opinion.

 

October 25, 2016

Opinion on whether the South Carolina Transportation Infrastructure Bank can use tax revenue towards payment of revenue bonds.

Requested by The Honorable Curtis Loftis, South Carolina State Treasurer.

Read full opinion.

 

 

 

February 18, 1994

Opinion regarding a situation in Lee County, where for some time elections for a number of seats on county council were unable to be held because of restrictions, but may now be held, and inquiring as to how these procedures should be handled.

Requested by: Paul M. Fata, Esquire, Lee County Attorney

Read full opinion

October 18, 2016

Opinion on S.C. FOIA, what information can be made public from applications submitted for financial assistance under the Farm Aid Bill.

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

Read full opinion.

 

October 10, 2016

Opinion on Section 44-89-60(3) (physician requirements at licensed birthing centers).

Requested by The Honorable Jonathan D. Hill and G. Murrell Smith, Jr., Members, South Carolina House of Representatives.

Read full opinion.

September 30, 2016

Opinion on legality of wording of a bond referendum by the Dorchester County Council – whether it is legal to combine both of the requests for authorization to issue bonds for libraries and for parks into one referendum question.

Requested by The Honorable Paul Thurmond, Member, South Carolina Senate.

Read full opinion.

September 23, 2016

Opinion on tax rolls (S.C. Section 12-39-150) and the posting and delivery of the tax roll duplicate by the county auditor to the county treasurer.

Requested by The Honorable Maria Walls, Beaufort County Treasurer.

Read full opinion.

September 23, 2016

Opinion on using public funds to do work on private property in emergency situations (Richland County Code of Ordinances, Chapter 21).

Requested by Bradley T. Farrar, Esquire, Attorney for Richland County.

Read full opinion.

September 12, 2016

Opinion on meeting rules of the South Carolina Department of Disabilities and Special Needs and the South Carolina Freedom of Information Act (FOIA).

Requested by The Honorable John Scott, Member, South Carolina Senate.

Read full opinion.

 

September 9, 2016

Opinion on whether a special purpose district is considered a city/town or an unincorporated community with respect to insurance (Sections 29-3-320 and 29-3-330).

Requested by Paul Zier, Esquire, Counsel to the Langley Water Sewer and Fire District.

Read full opinion.

September 6, 2016

Opinion on Sections 30-1-10C and D and 30-1-90A (approval process for Records Retention Schedules by the SC Department of Archives & History.

Requested by W. Eric Emerson, Ph.D., Director and SHPO, SC Department of Archives & History.

Read full opinion.

September 1, 2016

Opinion on Oconee County Ordinance 2015-35 (Reformed and Restated Ground Lease Agreement).

Requested by David A. Root, Esquire, Oconee County Attorney.

Read full opinion.

August 29, 2016

Opinion on proposed ordinance to provide a mandatory retirement age for the municipal judge (Section 26-5).

Requested by The Honorable Gloria Hines, Mayor, City of Darlington.

Read full opinion.

August 29, 2016

Opinion on what criteria must be met before state employees are allowed to participate in retirement system (Sections 9-1-1550, 1815, 1970 and 1980).

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

Read full opinion.

August 29, 2016

Opinion on whether certain information must be redacted from voter registration lists prior to being furnished to any qualified elector.

Requested by Ms. Marci Andino, Executive Director, S.C. Election Commission.

Andino M. OS-10065 FINAL Opinion 8-29-2016 (01102168xD2C78)

 

August 24, 2016

Opinion on dual office holding.

Requested by Mr. H. Jerry Morris, Chairman, Barnweil County Museum.

Read full opinion.

 

August 19, 2016

Opinion on whether a special district fire board can be elected by popular vote.

Requested by The Honorable Stephen Goldfinch, Jr., Member, South Carolina House of Representatives.

Read full opinion.

 

August 16, 2016

Opinion on whether an outcome of a vote can be changed in a subsequent meeting for filling vacancies on the Renewable Water Resources Board of Commissioners.

Requested by The Honorable Bruce Bannister, Vice Chairman, Greenville County Legislative Delegation.

Read full opinion.

August 9, 2016

Opinion pertaining to the duration of limited partnerships contained in S.C. Code Section 33-42-75.

Requested by The Honorable Mark Hammond, South Carolina Secretary of State.

Read full opinion

August 5, 2016

Opinion pertaining to covenants and bylaws of homeowners associations.

Requested by The Hon. Stephen L. Goldfinch, Jr., South Carolina House of Representatives.

Read full opinion

August 1, 2016

Opinion regarding the propriety of the Budget Savings Suggestion Program.

Requested by Arrigo P. Carotti, Esq., Horry County Attorney.

Read full opinion

July 18, 2016

Opinion on whether airplanes used solely for crop dusting are considered farm machinery under Section 12-37-220(B)(14).

Requested by The Honorable Brian Shult, Georgetown County Auditor.

Read full opinion.

July 11, 2016

Opinion seeking further clarification regarding how to determine the residency of members of the Cheraw Town Council, and whether a municipal councilman is required to resign his position upon military deployment or otherwise have his position filled by appointment.

Requested by Mr. Michael D. Smith, Town Administrator, Town of Cheraw.

Read full opinion

July 7, 2016

Opinion regarding a recurring situation in Irmo.

Requested by The Honorable Joe Nates, Chief, Irmo Police Department.

Read full opinion

July 5, 2016

Opinion regarding the legality and implications of certain actions by a county supervisor.

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

Read full opinion

June 28, 2016

Opinion on whether an ordinance presented for the second and final reading in redline is in final form because it is redlined.

Requested by G. Waring Parker, Attorney for Town of Summerville.

Read full opinion.

June 24, 2016

Opinion regarding whether a homeowners’ association can prohibit a residential homeowner from erecting a stand-alone flag pole on their property to fly the American flag.

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

Read full opinion

June 21, 2016

Opinion regarding whether serving on both the Dorchester County Water Authority and the Department of Transportation Commission would constitute dual office holding.

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

Read full opinion

June 21, 2016

Opinion regarding a decision of the South Carolina Worker’s Compensation Commission.

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

Read full opinion

June 14, 2016

Opinion regarding who should bear the medical expense for the physical required of county firemen.

Requested by The Honorable Tom Corbin, Senator, District 5.

Read full opinion

June 14, 2016

Opinion regarding dual office holding.

Requested by Mr. Gary Kubic, Beaufort County Administrator.

Read full opinion

June 6, 2016

Opinion regarding the Treasurer’s right to carry a concealed weapon in the Lexington County Treasurer’s Office.

Requested by The Honorable James Eckstrom, Treasurer, County of Lexington.

Read full opinion

June 1, 2016

Opinion regarding whether simultaneous service as auditor for Lee County and as a non-voting advisory member of the Lee County Archives Commission would violate our State’s Constitutional prohibition against dual office holding.

Requested by The Honorable Cecil LaVear Stevens, Lee County Auditor, Senior Official, Lee County Court House.

Read full opinion

May 31, 2016

Opinion on authority of a municipal council to remove a person from a meeting.

Requested by Ms. Miriam Hair, Executive Director, Municipal Association of South Carolina.

Read full opinion.

May 24, 2016

Opinion on the legality of a grant awarded by the Marlboro County Transportation Commission for the resurfacing and fencing at a local state-owned lake.

Requested by Harry R. Easterling, Jr., Attorney for Marlboro County.

Read full opinion.

 

May 19, 2016

Opinion regarding Senate Bill 229.

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

Read full opinion

May 17, 2016

Opinion regarding whether a referendum held by the Town of Duncan on November 3, 2015 is valid.

Requested by The Honorable Lisa C. Scott, Mayor, Town of Duncan.

Read full opinion

May 17, 2016

Opinion regarding purchases made by scrap metal dealers.

Requested by The Honorable Glenn G. Reese, Senator, District No. 11.

Read full opinion

May 12, 2016

Opinion regarding a possible conflict between statutes establishing the method of appointment of members of the Tri-County Technical College.

Requested by The Honorable Gary E. Clary, Member, South Carolina House of Representatives.

Read full opinion

May 6, 2016

Opinion regarding whether service as a council member for the Cherokee County Council and as a member of the Macedonia Fire District Board would violate our State’s constitutional prohibition of dual office holding.

Requested by The Honorable Harvey S. Peeler, Jr., Senator, District No. 14.

Read full opinion

May 6, 2016

Opinion pertaining to S.C. Code Ann. § 61-6-2010 (2009 & Supp. 2015).

Requested by Mary C. McCormac, Esquire, Legal Counsel for City of Clemson.

Read full opinion

May 3, 2016

Opinion regarding a contribution by the City of Orangeburg to South Carolina State University.

Requested by James F. Walsh, Jr., Esquire, City Attorney for Orangeburg.

Read full opinion

May 3, 2016

Opinion regarding whether or not the Home Rule Act invalidates the laws in Chapter 11, Title 6 of the SC Code of Laws, relating to special purpose districts.

Requested by The Honorable Donna C. Hicks, Member, and The Honorable Doug Brannon, Member, South Carolina House of Representatives.

Read full opinion

May 3, 2016

Opinion regarding S.C. Code Ann. § 17-5-130 (2014 & Supp. 2015) which relates to the qualifications that must be met to serve as coroner.

Requested by The Honorable Danny B. Verdin, Senator, District 9.

Read full opinion

April 29, 2016

Opinion pertaining to the annual ad valorem tax levy collected for the Recreation Commission of Richland County.

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

Read full opinion

April 28, 2016

Opinion regarding whether commodity boards are exempt from the South Carolina Consolidated Procurement Code.

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

Read full opinion

April 25, 2016

Opinion on the South Carolina Comprehensive Health Education Program (Section 59-32-10).

Requested by The Honorable Molly M. Spearman, Superintendent, South Carolina Department of Education.

Read full opinion.

April 25, 2016

Opinion concerning a coroner’s ability to access unfounded DSS case information.

Requested by Anthony S.H. Catone, General Counsel, South Carolina Department of Social Services.

Read full opinion

April 25, 2016

Opinion on whether or not the Legislative Audit Council has the authority to audit the Greenville Health System Office of Philanthropy.

Requested by Eric Douglass, General Counsel, Legislative Audit Committee.

Read full opinion.

April 20, 2016

Opinion regarding Nov. 16, 2015 opinion to the Town of Irmo’s Chief of Police, Joe Nates.

Requested by The Honorable Hardy King, Mayor of Irmo; The Honorable Julius Waites, Irmo Town Council Member; and The Honorable Mark Pouliot, Irmo Town Council Member.

Read full opinion

April 20, 2016

Opinion regarding whether motor vehicles may be sold by retail auction to members of the public.

Requested by John F. Laganelli, Acting Executive Director, South Carolina Department of Motor Vehicles.

Read full opinion

April 20, 2016

Opinion concerning security for county voter registration and elections offices.

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

Read full opinion

April 20, 2016

Opinion on S.687 (regulation of non-profit corporations).

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

Read full opinion.

 

April 14, 2016

Opinion regarding the correct method to determine the permitted operating millage increase for the School District in each fiscal year.

Requested by Francenia B. Heizer, Esquire, McNair Law Firm, P.A.

Read full opinion

April 12, 2016

Opinion pertaining to the Charleston County School District.

Requested by The Honorable Joseph K. Bowers, III, Member of the Board of Trustees, St. James-Santee Constituent School District.

Read full opinion

March 31, 2016

Opinion pertaining to fire protection services provided to the Town of Fort Lawn.

Requested by The Honorable John R. Rumford, Mayor, Town of Fort Lawn.

Read full opinion

March 31, 2016

Opinion regarding whether the Buffalo Volunteer Fire Department is a special purpose district.

Requested by The Honorable Bryan Gardin, Chief, Buffalo Fire Department.

Read full opinion

March 29, 2016

Opinion regarding whether service as a hearing officer, as designed in S.C. Code Ann. § 40-1-90(A) (2011), would constitute as an office for purposes of the dual office holding prohibition in the South Carolina Constitution.

Requested by Darra James Coleman, Esq., S.C. Dept. of Labor, Licensing and Regulation.

Read full opinion

March 24, 2016

Opinion regarding whether the board of trustees of the Veterans’ Trust Fund of South Carolina has any personal liability with regard to their service on the board.

Requested by R. Bernard Chapman, Jr., Veterans’ Trust Fund of South Carolina.

Read full opinion

March 18, 2016

Opinion regarding pending legislation titled the South Carolina Unclaimed Life Insurance Benefits Act.

Requested by The Honorable Robert W. Hayes, Jr., Senator, District No. 15, and The Honorable Ronnie W. Cromer, Senator, District No. 18.

Read full opinion

March 16, 2016

Opinion on whether the Governor possesses the authority to suspend or remove individuals from office.

Requested by Holly Pisarik, Chief Legal Counsel, Office of the Governor.

Read full opinion.

March 15, 2016

Opinion on whether two DUI courts are operating in conformity with Sec. 44-53-450 and conditional pleas.

Requested Warren Ganjehsani, General Counsel, S.C. Department of Public Safety.

Read full opinion.

 

March 15, 2016

Opinion regarding S.C. Code § 44-53-450.

Requested by Warren V. Ganjehsani, Esquire, General Counsel, S.C. Department of Public Safety.

Read full opinion

March 8, 2016

Opinion regarding South Carolina’s Voter ID law.

Requested by The Honorable Tommy Pope, Speaker Pro Tempore, SC House of Representatives.

Read full opinion

March 4, 2016

Opinion regarding the regulation of firearms in the Greenville Arena District.

Requested by Dante Russo, Vice Chairman, Greenville Arena District.

Read full opinion

March 4, 2016

Opinion regarding the Cherokee Springs Fire District in Spartanburg County.

Requested by The Honorable Shane Martin, Senator, District 13.

Read full opinion

March 1, 2016

Opinion regarding SC Constitution Article VII, Section 7.

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

Read full opinion

February 24, 2016

Follow-up opinion to the November 24, 2015 opinion regarding School Resource Officers.

Requested by The Honorable Paul Thurmond, Member, South Carolina Senate, District No. 41.

Read full opinion

February 24, 2016

Opinion regarding whether “toxicology reports are considered to be ‘medical records’ under Section 30-4-20(c) of the South Carolina Code and therefore exempt from disclosure under the South Carolina Freedom of Information Act.”

Requested by The Honorable Rusty Clevenger, Coroner, Spartanburg County.

Read full opinion

February 19, 2016

Opinion regarding dual-office holding, notaries public and summary court judges.

Requested by The Honorable James F. Hicks, III.

Read full opinion

February 12, 2016

Opinion regarding whether Lexington County Health Services District may donate funds to the Good Samaritan Clinic when the funds are to be used solely to operate free clinics located in Lexington County and to provide for healthcare services at those clinics.

Requested by Tod Augsburger, Chief Executive Officer, Lexington Medical Center.

Read full opinion

February 11, 2016

Opinion regarding whether the Beaufort County Board of Education has the authority to discipline one of its own members for policy or conduct violations in executive session pursuant to Section 30-4-70(a)(1) (2007 & Supp. 2015) of the South Carolina Freedom of Information Act.

Requested by Drew H. Davis, Esq., General Counsel, Beaufort County Board of Education.

Read full opinion

February 10, 2016

Opinion regarding the constitutionality of an abortion regulation.

Requested by The Honorable Gary E. Clary, Ad Hoc Committee Chair, Legislative Oversight Committee.

Read full opinion

February 10, 2016

Opinion regarding S.C. Code Ann. § 27-18-40, which is part of the Uniform Unclaimed Property Act, S.C. Code Ann. § 27-18-10 et seq. (1976 Code, as amended).

Requested by The Honorable Curtis M. Loftis, Jr., State Treasurer.

Read full opinion

February 5, 2016

Opinion regarding “investigations and arrests made by private security officers.”

Requested by The Honorable Steve Loftis, Sheriff, Greenville County.

Read full opinion

January 26, 2016

Opinion regarding Section 4-8-20 of the 1976 South Carolina Code of Laws.

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

Read full opinion

February 3, 2016

Opinion regarding suspended sentences in juvenile adjudications.

Requested by Caroline F. Fox, Senior Assistant Solicitor, Fifteenth Judicial Circuit Office of the Solicitor.

Read full opinion

January 26, 2016

Opinion regarding books and records inspection for homeowners associations in South Carolina.

Requested by Senator Tom Davis.

Read full opinion

January 13, 2016

Opinion on the appropriate procedure to be taken by a magistrates’ court during an action for possession and subsequent appeal filed pursuant to the South Carolina Residential Landlord Tenant Act.

Requested by The Honorable Scott D. Whittle, Magistrate, County of Lexington.

Read full opinion

January 11, 2016

Opinion regarding the “wording and definition in the state statute for persons required to report, [S.C. Code] 63-7-310.”

Requested by The Honorable Michael Crenshaw, Sheriff, Oconee County Sheriff’s Office.

Read full opinion

January 6, 2016

Opinion regarding whether certain maintenance renovations to the existing passenger facilities presently located and operating on the southern end of Union Pier Terminal in Charleston County would be exempt from permitting under the Coastal Zone Management Act, S.C. Code Ann. 48-39-10 et seq.

Requested by Philip L. Lawrence, Esq., General Counsel, South Carolina Ports Authority.

Read full opinion

January 5, 2016

Opinion regarding whether a conflict of interest would arise if an individual is serving in the capacity of both “an elected SC School Board member” and as an assistant or head coach of a sports team of the same district.

Requested by Chairman Linda A. Wooten, Board of Trustees for Lexington School District Two.

Read full opinion

December 30, 2015

Opinion regarding whether the Clarendon County Fire Protection Service Area would be subject to the millage rate cap imposed by S.C. Code Ann. 6-1-320 (Supp. 2014).

Requested by Patricia Pringle, Esq., Clarendon County Auditor.

Read full opinion

December 21, 2015

Opinion regarding the interpretation of Section 8-21-765(B) of the South Carolina Code, specifically “whether S.C. Code Ann. § 8-21-765 entitles a Dillon County probate judge, who is paid more than the base salary, to the same cost-of-living increase afforded to state employees last fiscal year.”

Requested by Alan L. Berry, Jr., Dillon County Attorney.

Read full opinion

December 18, 2015

Opinion regarding legislation currently being considered by the General Assembly that would amend S.C. Code Ann. § 38-71-280 (2015).

Requested by Michael W. Gambrell, S.C. House of Representatives, Chairman, Insurance Subcommittee.

Read full opinion

December 16, 2015

Opinion regarding whether S.C. Code Ann. 5-7-180 prohibits the Fire Chief or member of the City of Loris Volunteer Fire Department from simultaneously serving as a member of the Loris City Council.

Requested by Michael W. Battle, Esq., City Attorney for the City of Loris.

Read full opinion

December 11, 2015

Opinion on the State Ethics Act.

Requested by The Honorable David Pascoe, Solicitor, First Judicial Circuit.

Read full opinion.

 

December 10, 2015

Opinion regarding the validity of a certain provision of a business license ordinance in place in the City of Hardeeville.

Requested by Prina C. Maines, Esq., Hardeeville City Attorney.

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December 1, 2015

Opinion regarding Section 56-5-6240(A) of the South Carolina Code.

Requested by The Honorable Kevin S. Brackett, Solicitor, Sixteenth Judicial Circuit.

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November 24, 2015

Opinion concerning use of Dorchester County property taxes for school resource officers (SROs), and regarding the authority of SROs.

Requested by The Honorable Paul Thurmond, Member, South Carolina Senate, District No. 41.

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November 24, 2015

Opinion regarding Act No. 472 of 1976 and S.C. Code 4-9-70.

Requested by Dr. George Yeldell, Chairman, McCormick County School District, and G.P. Callison, Jr., Esquire, McCormick County Attorney.

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November 23, 2015

Opinion regarding Department of Revenue Regulation 7-701.5, entitled Natural Wines Defined.

Requested by The Honorable Bill Herbkersman.

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November 16, 2015

Opinion regarding the authority of town council to have an elected member of council removed by vote.

Requested by The Honorable Joe Nates, Chief of Police, Irmo Police Department.

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November 13, 2015

Opinion related to S.C. Code Ann. §7-3-20(C)( 12)(Supp. 2014), providing that the executive director of the South Carolina Election Commission shall “furnish at reasonable price any precinct lists to a qualified elector requesting them.”

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

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November 13, 2015

Opinion regarding criminal conspiracy, specifically whether a defendant is guilty of a felony when he is convicted of conspiracy to commit a crime classified as a misdemeanor.

Requested by Tonya K. Kohn, Staff Attorney, South Carolina Court Administration.

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November 12, 2015

Opinion regarding whether being declared a disaster area affects the use of public funds and equipment on private property.

Requested by Paul M. Fata, Lee County Attorney.

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November 12, 2015

Opinion regarding the Savannah Lakes Village Special Tax District.

Requested by G.P. Callison, Jr., Esquire, McCormick County Attorney, Callison Dorn Law Firm, P.A.

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November 12, 2015

Opinion regarding whether an individual may serve simultaneously as a public defender and as a member of county council in the same county.

Requested by J. Hugh Ryan III, South Carolina Commission on Indigent Defense.

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November 10, 2015

Opinion regarding the interpretation of Section 23-47-65 of the South Carolina Code.

Requested by Frank A. Rainwater, Executive Director, South Carolina Revenue and Fiscal Affairs Office.

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November 9, 2015

Opinion regarding whether the South Carolina Commission of Higher Education has the legal authority to participate in the State Authorization Reciprocity Agreement.

Requested by Tim M. Hofferth, Chair, South Carolina Commission of Higher Education.

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November 2, 2015

Opinion on police officers signing other officers’ warrants.

Requested by The Honorable Dana Turner, Chief Administrative Judge, City of Columbia Municipal Court.

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November 2, 2015

Opinion regarding the practice of “police officers signing other officer’s warrants.”

Requested by The Honorable Dana Turner, Chief Administrative Judge, City of Columbia Municipal Court.

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October 28, 2015

Opinion regarding the legality of the structure of an advisory study committee created by the General Assembly as part of Proviso 82.10 of the 2015-2016 Appropriations Act.

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

Read full opinion.

October 28, 2015

Opinion concerning whether the Enabling Act (Act No. 769 of 1973) is constitutional under the Home Rule Amendments.

Requested by The Honorable William M. “Bill” Chumley, House of Representatives, District No. 35.

Read full opinion.

October 27, 2015

Opinion regarding whether the Greenville County Legislative Delegation has the authority to obtain legal counsel or to request appropriation of funds to obtain legal counsel to take action against the Greenville Health System, and whether the Greenville County Legislative Delegation has authority to instruct the GHS Board, or any other entity, to take an action or not.

Requested by The Honorable Wendy Nanney, Chairman, Greenville County Legislative Delegation.

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October 26, 2015

Opinion on dual office holding (serve as Coroner and Chief Magistrate of Dorchester County).

Requested by Mark A. Leiendecker, First Circuit Public Defender.

Read full opinion.

October 26, 2015

Opinion regarding whether simultaneously holding the positions of Coroner of Dorchester County and Chief Magistrate of Dorchester County would contravene the dual office holding prohibition set forth in the State’s Constitution as well as the Judicial Code of Conduct.

Requested by Mark A. Leiendecker, First Circuit Public Defender.

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October 21, 2015

Opinion regarding whether “online newspapers” that exist solely on the internet with no print circulation would be considered a newspaper of general circulation as the term is used within statutes and regulations imposing legal notice requirements for various purposes.

Requested by G. Lee Cole, Jr., Esquire, Williamston Town Attorney.

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October 20, 2015

Opinion regarding an interpretation of the Ethics Act.

Requested by Kenneth A. Bingham, Chairman, House Legislative Ethics Committee.

Read full opinion

October 19, 2015

Opinion regarding a late application with the South Carolina Department of Revenue to obtain a tax credit pursuant to S.C. Code Sections 11-44-40, 11-44-70, et seq.

Requested by The Honorable Katrina Shealy, Senator, District 23.

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October 15, 2015

Opinion regarding whether it would be a violation of the constitutional prohibition against dual office holding for an individual to serve simultaneously on the Beaufort Memorial Hospital Board of Trustees and as Jasper County Attorney.

Requested by Terry R. Murray, Chairman, Beaufort Memorial Hospital Board of Trustees.

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October 14, 2015

Opinion regarding S.C. Code Ann. 17-7-175 (2014) which provides coroners with the power to issue a subpoena duces tecum to aid in the investigation of an individual’s cause of death.

Requested by The Honorable Gary Watts, Coroner, Richland County.

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October 13, 2015

Opinion regarding whether the Bamberg Board of Public Works may purchase, own and operate a golf course or a “country club” which would include a golf course, pool and meeting facilities, etc.

Requested by Will Martin, General Manager, Bamberg Board of Public Works.

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October 13, 2015

Opinion regarding S.C. Code Section 25-11-40.

Requested by The Honorable Shane Massey, Senator, District No. 25.

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October 12, 2015

Opinion regarding whether people who own property adjacent to a state highway can place objects (such as cement blocks), flagging, or signs on the right of way.

Requested by Chief Sam W. White, City of Union Public Safety Department.

Read full opinion

 

September 29, 2015

Opinion regarding the statutory construction of S.C. Code Ann. 7-15-700, a provision of the South Carolina Uniform Military and Overseas Voters Act.

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

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September 28, 2015

Opinion regarding assessments under the County Public Works Improvement Act, S.C. Code Ann. 4-35-10 et seq. (1976 Code, as amended).

Requested by Cheryl Morgan, Lancaster County Auditor.

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September 28, 2015

Opinion on Act 432, can Greenville Health Systems transfer ownership of itself to a private entity without public or legislative approval.

Requested by the Greenville Legislative Delegation.

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September 28, 2015

Opinion on whether Greenville Health Systems can transfer assets to a foundation that has no accountability to the Greenville Legislative Delegation.

Requested by The Honorable Mike Fair, Member, South Carolina Senate.

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September 24, 2015

Opinion regarding whether one can be employed as a constable for a magistrate court and run for sheriff at the same time.

Requested by Kayla Buchanan, SCTR – Bates Township Summary Court.

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September 17, 2015

Opinion regarding 30-9-30(B)(2) of the Code of Laws of South Carolina.

Requested by Marvin C. Jones, Esq., Office of the Jasper County Attorney.

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September 15, 2015

Opinion regarding the release of vehicles confiscated pursuant to Section 56-5-6240.

Requested by The Honorable Charles E. McNair, Chief, Cayce Department of Public Safety.

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September 15, 2015

Opinion regarding if the Florence County’s borrowing of millions of dollars beyond the county’s Constitutional debt limit of $35 million dollars renders the Constitutional debt limit of a county a thing of the past.

Requested by The Honorable Dean Fowler, Office of Treasurer, Florence County

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September 8, 2015

Opinion regarding the proper interpretation of Section 9 of the Supplemental Appropriations Bill for 2015 (H 4230).

Requested by The Honorable Tom Davis, Senator, District 46.

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September 3, 2015

Opinion regarding whether the Tourism Expenditure Review Committee is obliged to review expenditures of state accommodations tax funds by tourism promotion organizations which have received distributions from municipalities and counties from the special fund for tourism created by S.C. Code 6-4-10(3).

Requested by Edward W. Riggs, Sr. Chairman, South Carolina Tourism Expenditure Review Committee.

Read full opinion

August 27, 2015

Opinion regarding Section 16-23-50 of the South Carolina Code.

Requested by Sheriff Rick Clark, Pickens County Sheriff’s Office.

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August 24, 2015

Opinion regarding use of Special Tax District tax funds.

Requested by G.P. Callison, Jr., Esq., McCormick County Attorney.

Read full opinion

August 24, 2015

Opinion regarding whether Section 24-21-715 of the South Carolina Code allows “for medical parole of any inmate, including those sentenced for ‘no parole’ offenses.”

Requested by Kela E. Thomas, Director, Department of Probation, Parole and Pardon Services.

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August 21, 2015

Opinion regarding how to compute the amount of time a defaulting taxpayer has to redeem property subsequent to a tax sale.

Requested by William B. Caldwell.

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August 18, 2015

Opinion regarding the requirements imposed on the South Carolina Department of Revenue pursuant to S.C. Code Ann. 12-53-45 (2014).

Requested by The Honorable Wendy K. Nanney, Representative, District No. 22.

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August 7, 2015

Opinion regarding the interpretation of Section 17-13-40 of the South Carolina code, known to some as the “hot pursuit statute.”

Requested by The Honorable Dennis K. Tyndall, Chief of Police, West Columbia Police Department.

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August 6, 2015

Opinion regarding the permissibility of Delphi Automotive conducting a one-day demonstration drive of an autonomous motor vehicle through South Carolina as part of a cross-country drive from California to New York.

Requested by Warren V. Ganjehsani, Esq., General Counsel, South Carolina Department of Public Safety.

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August 4, 2015

Opinion regarding the constitutionality of S.C. Code Ann. Section 2-19-20(C), which prohibits any person from concurrently seeking more than one judicial vacancy.

Requested by The Honorable Gerald Malloy, Senator, District No. 29.

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July 28, 2015

Opinion regarding the legal definition of “alternative structure” in section 63-11-1720(F)(1) of the South Carolina code.

Requested by The Honorable Mike Fair, Chairman, Senate Committee on Corrections & Penology.

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July 27, 2015

Opinion regarding the interpretation of Section 24-3-580 of the South Carolina Code.

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

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July 27, 2015

Opinion related to the South Carolina Freedom of Information Act.

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

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July 20, 2015

Opinion on Columbia City Council ordinance banning weapons within 250 feet of the State House.

Requested by The Honorable Ronnie W. Cromer, Member, South Carolina Senate.

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July 18, 2015

Opinion regarding the following: 1) Can airplanes that are represented solely as being used for crop dusting services be considered farm machinery, thereby exempting the plane from ad valorem taxation? and 2) Can an airplane that is designed and used solely as a crop duster by a company upon the payment or agreement for the payment of a fee by a farmer be considered farm machinery?

Requested by The Honorable Brian Shult, Georgetown County Auditor.

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July 16, 2015

Opinion on whether the Chesterfield County Council can change a fire district boundary which is also a special purpose tax district without District Fire Board of Directors’ concurrence or agreement.

Requested by the Honorable Richard Yow, Member, South Carolina House of Representatives.

Read full opinion.

 

July 13, 2015

Opinion regarding the legality of hiring private security guards to protect a public school.

Requested by Jarrod M. Bruder, Executive Director, South Carolina Sheriff’s Association.

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July 9, 2015

Opinion regarding the statutory interpretation of SC Code Ann. 59-19-350 (Supp. 2014), which permits the creation of “schools of choice exempt from state laws and regulations.”

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

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July 6, 2015

Opinion regarding the legality of city council meetings alleged to be illegal pursuant to the South Carolina Freedom of Information Act.

Requested by The Honorable Joe Owens, Mayor of West Columbia.

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July 6, 2015

Opinion on the constitutionality of a referendum on the question of whether to change state law regarding the display of the Confederate battle flag on the grounds of the South Carolina State House.

Requested by The Honorable Larry Grooms, Member, South Carolina Senate.

Read full opinion.

 

July 2, 2015

Opinion regarding the constitutionality of an “owner controlled wrap-up insurance program.”

Requested by David Chambers, Richland County Government, Office of Risk Management.

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July 1, 2015

Opinion on Kinder Morgan Pipeline Company’s proposed pipeline project regarding eminent domain issue.

Requested by the Aiken County Legislative Delegation.

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June 17, 2015

Opinion regarding whether administrative law judges “are exempt from accruing annual leave.”

Requested by The Honorable Ralph King Anderson, III, State of South Carolina Administrative Law Court.

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June 17, 2015

Opinion regarding how the Beech Island Rural Community Water District can fill upcoming vacancies on its board of directors if its bylaws and the statute creating water districts are not uniform.

Requested by The Honorable Tom Young, Jr.

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June 17, 2015

Opinion regarding South Carolina’s Preservation of Evidence Act, and how it pertains to toxicological, wet blood, and tissue samples.

Requested by James Fulcher, M.D., Deputy Medical Examiner, Greenville County.

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June 11, 2015

Opinion regarding prosecutorial discretion and the limits the law places on the exercise of prosecutorial discretion.

Requested by Mary C. McCormac, Esq., Attorney for Town of Iva.

Read full opinion

June 2, 2015

Opinion regarding the ability of utilities to obtain encroachment permits on preexisting easements and rights of ways specifically related to the operations of the public utility.

Requested by The Honorable Larry A. Martin, Senator, District No. 2.

Read full opinion

June 2, 2015

Opinion regarding whether criminal defense attorneys are permitted to contact victims of crime directly on behalf of their defendant/clients during the pendency of a criminal matter despite [a court order prohibiting contact [by the Defendant].

Requested by Veronica Swain Kunz, Crime Victims’ Ombudsman, Office of the Crime Victims’ Ombudsman.

Read full opinion

May 29, 2015

Opinion regarding the interpretation of Section 63-11-1730 of the South Carolina Code, which discusses the applicability of the Administrative Procedures Act to First Steps’ Board of Trustees.

Requested by Susan DeVenny, Director, S.C. First Steps to School Readiness.

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May 27, 2015

Opinion regarding whether it would be dual office holding for the Mayor of the Town of Edgefield to serve as Chief of the fire department.

Requested by Roger LeDuc, Town of Edgefield Administrator.

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May 22, 2015

Opinion on whether 911 operators must be United States citizens to be certified as Class 4 telecommunications officers.

Requested by Brandy A. Duncan, Chief General Counsel, South Carolina Criminal Justice Academy.

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May 20, 2015

Opinion regarding whether judgments from a Turkish court would be acceptable in South Carolina.

Requested by Mr. Murat Karkin.

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May 20, 2015

Opinion on whether a licensed presentment lender may legally accept debit card payments for deferred presentment transactions under the Deferred Presentment Services Act.

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

Read full opinion.

 

May 19, 2015

Opinion regarding what appears to be a conflict between the ability to campaign within the vicinity of a polling place on an election day and the authority of a homeowners’ association to regulate political campaign signage and solicitation within the given community.

Requested by Ms. Allison C. Coppage, Esq., Assistant Beaufort County Attorney.

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May 19, 2015

Opinion regarding dual office holding.

Requested by Sean P. Thornton, Esq., Colleton County Attorney.

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May 13, 2015

Opinion regarding the interpretation of section 56-5-5015(H)(1) of the South Carolina Code.

Requested by The Honorable Luke A. Rankin.

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May 13, 2015

Opinion regarding whether service as a workers’ compensation commissioner and a commissioned law enforcement officer violates the prohibition against dual office holding, and whether a workers’ compensation commissioner’s duties under the Code of Judicial Conduct prohibit service as a deputy law enforcement officer.

Requested by The Honorable T. Scott Beck, South Carolina Worker’s Compensation Commission.

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May 13, 2015

Opinion regarding the regulation and licensure of commercial pesticide applicators utilizing the herbicide, glyphosate, a chemical commonly associated with the product Roundup.

Requested by The Honorable Larry Grooms, Senator, District No. 37; The Honorable Shane Massey, Senator, District No. 25; The Honorable Kevin Bryant, Senator, District No. 3; The Honorable Tom Corbin, Senator, District No. 5.

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May 7, 2015

Opinion regarding the interpretation of Section 23-31-235 and Section 23-31-215(M)(9) of the South Carolina Code.

Requested by Chief Joel B. Huggins, Director, Lexington Medical Center, Department of Public Safety.

Read full opinion

 

April 28, 2015

Opinion clarifying the construction of S.C. Code Ann. § 59-53-1880 and § 59-53-1890 and § 59-53-1900 through § 59-53-1940, all pertaining to career and technology education facilities serving more than one school district.

Requested by Mr. William F. Halligan, Esquire.

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April 27, 2015

Opinion regarding public access to the navigable waters which flow through Cape Romain National Wildlife Refuge.

Requested by Mayor Rutledge B. Leland, III, Town of McClellanville.

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April 27, 2015

Opinion regarding office space for a county’s legislative delegation.

Requested by The Honorable John Richard C. King, House of Representatives, District No. 49.

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April 24, 2015

Opinion on what is considered a crime of moral turpitude.

Requested by Michael Beauford Jr., Chief Investigator, South Carolina Department of Insurance.

Read full opinion.

 

April 20, 2015

Opinion on proposed amendment to the Constitution of the South Carolina High School League to have private/charter schools compete at a higher division in interscholastic athletic competitions.

Requested by The Honorable Larry Grooms, Senator and The Honorable Bruce W. Bannister, Member, House of Representatives.

Read full opinion.

 

April 17, 2015

Opinion regarding Section 17-13-60, persons are not arrested, but may be served process, precludes law enforcement officers from serving outstanding arrest warrants and/or bench warrants on persons or traveling to/from court for roll call and other proceedings except for treason, felony or breach of the peace.

Requested by Sheriff Anthony Dennis, Sumter.

Read full opinion.

April 9, 2015

Opinion regarding whether a special tax district commission appointed by County Council for a specific purpose is entitled to governmental immunity as an arm of the County, and whether individual commissioners have governmental immunity.

Requested by Mr. Joshua A. Gruber, Esq., County Attorney for Beaufort County.

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April 8, 2015

Opinion regarding a March 30, 2015 opinion, which addressed Article III, §15 of the South Carolina Constitution.

Requested by The Honorable Raymond E. Cleary III, Senator, District No. 34.

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April 6, 2015

Opinion regarding Section 63-19-20 of the Code and Article XII, Section Three of the South Carolina Constitution dealing with juveniles.

Requested by Mr. Jarrod M. Bruder, Executive Director, South Carolina Sheriffs Association.

Read full opinion

March 31, 2015

Opinion regarding South Carolina Code § 40-19-270(C).

Requested by The Honorable Chandra E. Dillard, House of Representatives, District No. 23.

Read full opinion

March 31, 2015

Opinion regarding “the ability of utilities to obtain encroachment permits on preexisting easements and rights of ways specifically related to the operations of the public utility.”

Requested by The Honorable Larry A. Martin, Senator, District No. 2.

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March 30, 2015

Opinion regarding the constitutionality of S. 523.

Requested by The Honorable Larry A. Martin, Senator, District No. 2.

Read full opinion

March 26, 2015

Opinion regarding the South Carolina Department of Natural Resources’ authority to issue, condition, revoke, and decline to renew a shellfish culture permit.

Requested by Colonel Alvin A. Taylor, Deputy Director for Law Enforcement, South Carolina Department of Natural Resources.

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March 26, 2015

Opinion regarding whether serving on the board of directors of the Pee Dee Mental Health Center and on the Marion City Council would constitute dual office holding.

Requested by Ms. Doris J. Gerrald.

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March 16, 2015

Opinion regarding the legally correct procedure for the appointment of certain magistrates who will soon be retiring.

Requested by The Honorable Nikki G. Setzler, Senator, District 26.

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March 16, 2015

Opinion regarding which state agencies will be responsible for regulating, licensing, inspecting, etc. automated transport networks in South Carolina.

Requested by Fred Payne, Chairman and President, Greenville County Economic Development Corporation.

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March 13, 2015

Opinion regarding Town of Atlantic Beach Ordinance No. 9-2009 amending 1-2-7 of the Code of Ordinances for the Town of Atlantic Beach.

Requested by The Honorable Jake Evans, Town of Atlantic Beach.

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March 11, 2015

Opinion regarding the right against self-incrimination – provided by both the Fifth Amendment to the United States Constitution and Article I, Section 12 of the South Carolina Constitution – in relation to a witness’ apparent prohibition from invoking this right on certain grounds in a supplementary proceeding.

Requested by The Honorable Joseph M. Strickland, Master in Equity for Richland County.

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March 9, 2015

Opinion regarding the effect of amended South Carolina Code Section 48-4-50 on the duties of the Department of Natural Resources Board.

Requested by Shannon Furr Bobertz, Esq., Office of Chief Counsel, South Carolina Department of Natural Resources.

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March 6, 2015

Opinion regarding certain questions pertaining to the consistent districts of Charleston County.

Requested by The Honorable Stephen L. Goldfinch, Jr., Representative, District No. 108.

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March 6, 2015

Opinion regarding whether a State plan to implement an EPA [U.S. Environmental Protection Agency] requirement is considered a “regulation” as referred to in the [South Carolina] Administrative Procedure Act.

Requested by The Honorable David Hiott, Chairman, Agriculture, Natural Resources and Environmental Affairs Committee, South Carolina House of Representatives.

Read full opinion

February 27, 2015

Opinion regarding employees of a school district being able to simultaneously serve on a school’s governing board.

Requested by The Honorable Cezar E. McKnight, South Carolina House of Representatives, District No. 101.

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February 25, 2015

Opinion regarding the Heritage Act.

Requested by The Honorable Michael A. Pitts, Representative, District No. 14.

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February 25, 2015

Opinion regarding whether a “walk through” of the “Old Simpsonville School Building” / “‘Arts Center” attended by two of the three members of the Council’s Recreation and Events Committee would be subject to the open meeting requirements of the Freedom of Information Act.

Requested by Phyllis Long, City Clerk, Simpsonville City Council.

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February 20, 2015

Opinion regarding the resignation of legal counsel for the James Island Public Service District.

Requested by Donald Hollingsworth, Chairman, James Island Public Service District.

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February 19, 2015

Opinion regarding whether it would be dual office holding for an individual to serve on both the Greenville County Legislative Delegation Transportation Committee and the Metropolitan Sewer Subdistrict of the Greenville County Sewer Authority.

Requested by The Honorable Wendy Nanney, Greenville County Legislative Delegation.

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February 19, 2015

Opinion regarding the interpretation of certain aspects of House Bill 4560 (“Act 276”), specifically Acts 276’s amendments to Section 17-1-40 of the South Carolina Code dealing with the retention, by law enforcement and prosecution agencies, of certain information following an expungement of an individual’s record.

Requested by Sheriff Steve Loftis, Greenville County Sheriff s Office.

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February 19, 2015

Opinion regarding Freedom of Information Act requests made by a constituent.

Requested by The Honorable Bill Herbkersman, Representative, District No. 118.

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February 18, 2015

Opinion regarding the financial crises of South Carolina State University.

Requested by The Honorable W. Brian White, Chairman, House Ways and Means Committee.

Read full opinion

February 17, 2015

Opinion regarding the constitutionality of Goose Creek Ordinance No. 13-009, and whether revenue from the Local Hospitality Tax established by the City of Goose Creek pursuant to S.C. Code §6-1-720 et seq. and the ordinance may be used to pay for a recreational facility.

Requested by The Honorable Joe Daning, Representative, District No. 92.

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February 12, 2015

Opinion regarding the boundaries of the Metropolitan Sewer Subdistrict.

Requested by James R. Freeland, Chairman, Board of Commissioners, Metropolitan Sewer Subdistrict.

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February 9, 2015

Opinion regarding the provisions of Section 43-33-20 as it relates to the rights of physically disabled persons to use public facilities and public spaces in South Carolina.

Requested by The Honorable Larry A. Martin, Chairman, Senate Judiciary Committee.

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February 4, 2015

Opinion related to the expungement of criminal records of an individual arrested for driving under the influence on three occasions.

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

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February 2, 2015

Opinion regarding whether a defendant who has demanded a jury trial in summary court can waive such a demand by conduct.

Requested by Rosalyn W. Frierson, Director, South Carolina Court Administration.

Read full opinion

 

January 29, 2015

Opinion regarding the constitutionality of proposed legislation, titled the South Carolina Infrastructure and Economic Reform Act of 2015.

Requested by The Honorable Nikki R. Haley, Governor of the State of South Carolina.

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January 14, 2015

Opinion regarding the authority of a County Board of Education to suspend or remove an appointed school board member after the member has been arrested and charged with a crime.

Requested by David W. Epperson, Esq., Clarendon County Administrator.

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December 29, 2014

Opinion request regarding the interpretation of the Iran Divestment Act of 2014.

Requested by W.D. Robertson, III, Office of General Counsel, South Carolina Budget and Control Board.

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December 23, 2014

Opinion request regarding the recent election for a Fairfield County Council seat that resulted in a victory for the incumbent by four votes.

Requested by John E. James, III, County Attorney for Fairfield County.

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December 23, 2014

Opinion request regarding Senate Bill 839 (“S.839”) dealing with “Industrial Hemp Cultivation.”

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

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December 22, 2014

Opinion request regarding whether it is a conflict for a law firm to continue as general counsel to a statutorily-created special purpose district providing fire and sewer services when the spouse of the main attorney who represents the district has been elected a commissioner on the board of the special purpose district.

Requested by Trent M. Kernodle, Esquire, Kernodle, Root & Coleman.

Read full opinion

December 17, 2014

Opinion regarding preneed funeral contracts.

Requested by The Honorable Peter M. McCoy, Jr., Representative, District No. 115.

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December 17, 2014

Opinion regarding the applicability of the South Carolina Tort Claims Act to tort claims brought against the South Carolina Municipal Insurance and Risk Financing Fund.

Requested by The Honorable Rebecca Vance, Manager, Town of Cayce.

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December 12, 2014

Opinion regarding potential representation of a county veterans’ affairs officer who may be sued.

Requested by The Honorable Michael A. Pitts, Representative, District No. 14.

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December 4, 2014

Opinion regarding a Freedom of Information Act request that was received by the Fairfield County Detention Facility.

Requested by John E. James, III, County Attorney for Fairfield County.

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December 1, 2014

Opinion regarding whether the simultaneous service as a member of the Irmo-Chapin Recreation Board and as a Director of the Public Employee Benefit Authority constitutes dual office holding in violation of the South Carolina Constitution.

Requested by Stephen R. Van Camp, General Counsel, Public Employee Benefit Authority.

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November 25, 2014

Opinion regarding the suitability of implementing a land-use regulation permitting the Anderson Soil and Water Conservation District and each watershed director of the watersheds within the Anderson Soil and Water Conservation District the authority to issue and enforce criminal trespass notices to protect against “malicious trespass, damage and pollution to the watersheds, structures, and easements thereof.”

Requested by Captain Leonardo Ortiz, Anderson Soil and Water Commissioner.

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November 18, 2014

Opinion regarding whether service on both the South Carolina Education Oversight Committee and the Pickens County School Board would constitute dual office holding.

Requested by Phillip Bowers, S.C. Education Oversight Committee.

Read full opinion

November 18, 2014

Opinion regarding the constitutionality and legality of Oconee County Ordinance No. 2014-24.

Requested by Thomas L. Martin, Esquire, Oconee County Attorney.

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November 18, 2014

Opinion, requested on behalf of a constituent, regarding whether the Simpsonville City Council had “authority” in the actions of “demoting Police Chief Steve Moore and reinstating . . . [former police chief Keith] Grounsell . . . during a February 25, 2014, council meeting.”

Requested by The Honorable Mark N. Willis, House District No. 16.

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November 17, 2014

Opinion regarding “unearned comp time and payment of salary not due” for certain staff members employed with the John de la Howe School.

Requested by Ms. Viola Robinson Faust, John de la Howe School, Director of Finance and Business Operations.

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November 10, 2014

Opinion regarding whether membership on the South Carolina Real Estate Commission would constitute as an office for dual office holding purposes.

Requested by Arrigo P. Carotti, Horry County Attorney.

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November 6, 2014

Opinion regarding whether the South Carolina Coroners Association has authority pursuant to section 17-5-130 of the South Carolina Code to submit to the Governor a list of coroners who have not completed their required annual in-service training hours.

Requested by Lloyd B. Ward, Barnwell County Coroner.

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November 4, 2014

Opinion regarding the admissibility of certain evidence relating to computer privacy as well as the privacy of electronic communications in a family court proceeding.

Requested by The Honorable Timothy L. Brown, 13th Circuit Family Court Judge, Retired.

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October 27, 2014

Opinion regarding the South Carolina Transportation Infrastructure Bank and its involvement in providing financial assistance to the I-526/Mark Clark Extension Project in Charleston County.

Requested by The Honorable Robert L. Brown, Representative, District No. 116.

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October 16, 2014

Opinion regarding whether an individual member of a town council in a council form of government, without prior vote of a majority of council, has authority to independently review employee personnel files, cell phone records which are paid for by the town, and professional contract documents.

Requested by J. Martin Harvey, Esq., Allendale Town Attorney.

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October 16, 2014

Opinion regarding taxation of aircraft housed at Aiken Regional Airport, but whose ownership is either an LLC or a corporation domiciled in another state.

Requested by The Honorable Charles T. Barton, Aiken County Auditor.

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October 1, 2014

Opinion regarding the validity and enforcement of Town Ordinance 224, which “restricts all electronic communication in a. . . school zone.”

Requested by Chief H. Harold Brown, Chief of Police, Elgin Police Department.

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September 30, 2014

Opinion regarding whether the City of Traveler’s Rest possesses the authority to enact an ordinance restricting concealed weapons “from all or any part of Trailblazer Park,” a city-owned, multi-use facility regularly hosting special events.

Requested by Robert C. Childs, III, Esq., City Attorney, Traveler’s Rest City Council.

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September 29, 2014

Opinion regarding whether it is a violation for people who do not live inside of a town’s limits to cast ballots in an election for a town official.

Requested by The Honorable Dennis Moss, Representative, House District 29.

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September 23, 2014

Opinion regarding the authority of the Murrells Inlet-Garden City Fire District “to levy and collect taxes.”

Requested by The Honorable Raymond E. Cleary III, Senator, District No. 34.

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September 23, 2014

Opinion regarding the ownership of the Georgetown County Rice Museum/Town Clock and its contents.

Requested by Wesley P. Bryant, Georgetown County Attorney.

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September 22, 2014

Opinion regarding a county’s authority to establish additional requirements for landowners seeking to have timberland classified and assessed as agricultural real property.

Requested by The Honorable Daniel B. Verdin, S.C. Senate, District 9.

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September 19, 2014

Opinion regarding whether the position of Colleton County Attorney is an office for dual office holding purposes.

Requested by Sean P. Thornton, Esq.

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September 18, 2014

Opinion regarding the interpretation of statutory authority governing millage rate increases for special purpose districts in the context of Murrell’s Inlet-Garden City Fire District’s desire to increase its millage rate from 10 to 14 mills.

Requested by The Honorable Stephen Goldfinch, Jr., Representative, District No. 108.

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September 16, 2014

Opinion regarding whether a proposed amendment, as contained in pending legislation, H. 3925 in particular, can retroactively amend a savings clause from a prior act, specifically Act 198 of 2012, “to eliminate the Savings Clause included in the original version of Act 198 without violation of the State Constitution.”

Requested by the Honorable James E. Smith, Jr., House District 72.

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September 12, 2014

Opinion regarding whether the Fifth Circuit Solicitor’s Office may create a nonprofit eleemosynary corporation as a foundation to provide first aid kids to aid participants in the Veterans and treatment court programs.

Requested by The Honorable Dan Johnson, Fifth Circuit Solicitor.

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September 11, 2014

Opinion regarding the legal status of Mr. Robert W. Harrell, both as Speaker of the House and as a member of the House, following the recent indictment of Mr. Harrell.

Requested by The Honorable James E. Smith, Jr., Richland County Judiciary Committee, and The Honorable Todd Rutherford, House Minority Leader.

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September 8, 2014

Opinion regarding the Equal Access to Interscholastic Activities Act, SC Code 59-63-100 (Supp. 2013), in the context of a home school student’s eligibility to continue to participate in an interscholastic activity at a certain school after moving to a residence that falls within the same school district but a different attendance boundary.

Requested by The Honorable Shane Martin.

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September 5, 2014

Opinion regarding commodity prices following a state or federal disaster.

Requested by The Honorable Liston Barfield, House District No. 58.

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September 3, 2014

Opinion regarding the applicable constitutional law concerning public invocations as provided in SC Code 6-1-160(C).

Requested by William F. Halligan, Esq., Childs & Halligan.

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August 28, 2014

Opinion regarding the ability of an associate probate judge to serve as the personal representative for an estate of a “family friend” pursuant to her appointment within the decedent’s Last Will and Testament.

Requested by The Honorable Kathy P. Zorn, Pickens County Probate Court.

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August 26, 2014

Opinion regarding whether a properly filed Rule 5 discovery motion, and applicable case law pertaining to discovery in criminal cases, would permit the disclosure of tax related information without violating Section 12-54-240.

Requested by Joe. S. Dusenbury, Jr., General Counsel, SC Department of Revenue.

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August 25, 2014

Opinion regarding whether the Election Commission should proceed with placing the form of government referendum question for the Town of Chapin on the November 4, 2014 general election ballot.

Requested by Jeff M. Anderson, Esq., Attorney for the County of Lexington.

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August 25th, 2014

Opinion regarding the appropriate procedure for disposition of funds held by a personal representative of an estate upon the determination that no heir exists “to take” pursuant to the laws of intestate succession.

Requested by: The Honorable J. Munford Scott, Jr., Probate Court Judge for Florence County.

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August 22, 2014

Opinion clarifying an opinion from July 28, 2014 regarding the Beaufort County Library Board of Trustees.

Requested by: Joshua A. Gruber, Esq., Beaufort County Attorney

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August 19, 2014

Opinion as to whether serving concurrently on the South Carolina State Board for Technical and Comprehensive Education and the Horry County Solid Waste Authority Board of Directors would contravene the dual office holding prohibition set forth in our State’s Constitution.

Requested by: Ms. Connie S. Turner, Horry County Legislative Delegation, Administration Assistant

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August 19, 2014

Opinion regarding the interpretation of Section 7-5-120(B)(3) of the South Carolina Code. Specifically, pursuant to the terms of Section 7-5-120(B)(3), a Fairfield County resident who was convicted of a felony was removed from the active voting rolls.

Requested by: John E. James, Esq., Fairfield County Attorney

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August 14, 2014

Opinion regarding the Comptroller General “has received a request from the South Carolina Retirement Systems Investment Commission (“RSIC”) to process payment pursuant to South Carolina Code Annotated Section 9-16-370, for reimbursement of legal fees incurred by an RSIC Commission member.

Requested by: Mr. William E. Gunn, Chief of Staff, Office of the Comptroller General

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August 14, 2014

Opinion regarding several questions on special elections in the County of Lexington.

Requested by: Mr. Jeff M. Anderson, Attorney for the County of Lexington

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August 13, 2014

Opinion as to whether an individual is operating under a conflict of interest where the individual at issue is both a school board trustee and a temporary employee of the district.

Requested by: The Honorable Michael A. Pitts, District No. 14-Greenwood-Laurens Counties

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August 8, 2014

Opinion asking whether a provision of the School Board Act, Section 59-71-155 in particular, applies to a Tax Anticipation Note (“TAN”) authorized pursuant to Article X, Section 15 of the South Carolina Constitution, as well as Sections 11-27-50(4) and 59-69-270 of the South Carolina Code.

Requested by: The Honorable Curtis A. Loftis, Jr., State Treasurer

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August 8, 2014

Opinion regarding the interpretation of Section 16-1-57 of the South Carolina Code, also known as the “three strikes and you’re out” statute.

Requested by: The Honorable B. Lee Miller, Greenwood Municipal Court

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August 5, 2014

Opinion regarding “Simpsonville has just implemented Standing Committees with three council members on each committee. Two friends that have always gone to lunch and on day trips together happen to be on a committee together. Since the two now present a quorum, does this mean they will no longer be able to socialize?”

Requested by: The Honorable Geneva Lawrence, Mayor pro tempore, Simpsonville City Hall

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August 5, 2014

Opinion pertaining to the offense of criminal trespass, a violation of S.C. Code Ann. § 16-11-60 (2003).

Requested by: Master Deputy Patrick Cockrell, Spartanburg County Sheriff’s Office

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August 4, 2014

Opinion regarding “[a] County Clerk of Court recently received a request pursuant to the S.C. Freedom of Information Act (“FOIA”) from a citizen asking for names and contact information of County grand jurors.”

Requested by: Mr. Robert L. McCurdy, Assistant Director, South Carolina Court Administration, South Carolina Supreme Court

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July 29, 2014

Opinion asking may Coastal Carolina University establish a research foundation to process grants, contracts and other documents.

Requested by: Timothy E. Meacham, Esquire, Coastal Carolina University Counsel

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July 28, 2014

Opinion concerning the legality of the actions that may be taken by the Capital Project Sales Tax Commission subsequent to the actions that may be taken by the Capital Project Sales Tax Ordinance as presented. Specifically, would it be legally permissible for the Commission to reconvene of its own volition and accord to discuss the actions taken by Beaufort County Council.

Requested by: Joshua A. Gruber, Esquire, Staff Attorney, Beaufort County

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July 28, 2014

Opinion concerning the Beaufort County Library Board of Trustees (“Board”), this Office determined that the Board reported to and was accountable to the county administrator and not to the county council.

Requested by: Leesa Benggio, Interim Director, South Carolina State Library

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July 24, 2014

Opinion regarding “both the timeline and procedures for appointing members to the new board” and further ask us to address “how long…the incumbent members of the Board of Elections and Voter Registration of Richland County may continue serving in the ‘combined governing capacity’ described in SECTION 3 of Act 196 of 2014.”

Requested by: The Honorable John L. Scott, Jr., Senator, District No. 19

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July 22, 2014

Opinion regarding “the interpretation of Bill S.1284 as it relates to the procedure for elections after reapportionment.”

Requested by: Bert Duffie, Esquire, General Counsel, Colleton County Board of School Trustees

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July 15, 2014

Opinion as to whether an individual can serve as Elloree’s clerk of court if she currently serves as a neighboring municipality’s clerk of court and associate municipal court judge.

Requested by: The Honorable Mike Fanning, Mayor Pro Tem

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July 14, 2014

Opinion answering multiple questions in regards to charging and prosecuting the DUI on the designated ticket.

Requested by: The Honorable Steve Loftis, Greenville County Sheriff’s Office

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July 9, 2014

Opinion as to whether the Town of Edgefield can reinstate a property tax millage rate of 81 mills, which was adjusted from 81 to 0 mills in 2006 under the impression that it could subsequently be reintroduced.

Requested by: The Honorable Roger Le Duc, Town of Edgefield Administrator

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July 3, 2014

Opinion concerning whether or not Oconee County may continue to utilize late tax penalties collected by the county on ad valorem taxes.

Requested by: The Honorable Gregorie W. Nowell, Oconee County Treasurer

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July 2, 2014

Opinion regarding the recording requirements the Office of the Register of Deeds should impose for cancellations and terminations of a bond for title, land contract, or other miscellaneous agreement and whether the seller involved in such an agreement can unilaterally cancel the contract after the purchaser’s default, pursuant to the contract’s terms.

Requested by: The Honorable Timothy L. Nanney, Register of Deeds, Greenville County Square

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Welcome to the on-line office for Attorney General Alan Wilson. Please visit the Contact Us page to stay in touch. Schedule a tour or visit.

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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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