Archive for the ‘Opinions’ Category

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.

 

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.

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July 7, 2016

Opinion regarding a recurring situation in Irmo.

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

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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.

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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.

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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.

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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.

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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.

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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.

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June 14, 2016

Opinion regarding dual office holding.

Requested by Mr. Gary Kubic, Beaufort County Administrator.

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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.

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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.

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May 31, 2016

Opinion on schools of choice (S.C. Code Ann. Section 59-19-350 (Supp. 2014)).

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

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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.

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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.

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May 19, 2016

Opinion regarding Senate Bill 229.

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

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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.

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May 17, 2016

Opinion regarding purchases made by scrap metal dealers.

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

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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April 20, 2016

Opinion concerning security for county voter registration and elections offices.

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

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April 20, 2016

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

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

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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.

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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.

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April 1, 2016

Opinion on security for county voter registration and elections offices.

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

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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March 8, 2016

Opinion regarding South Carolina’s Voter ID law.

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

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March 4, 2016

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

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

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March 4, 2016

Opinion regarding the Cherokee Springs Fire District in Spartanburg County.

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

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March 1, 2016

Opinion regarding SC Constitution Article VII, Section 7.

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

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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.

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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.

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February 19, 2016

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

Requested by The Honorable James F. Hicks, III.

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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.

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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.

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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.

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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.

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February 5, 2016

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

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

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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.

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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.

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January 26, 2016

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

Requested by Senator Tom Davis.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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December 11, 2015

Opinion on the State Ethics Act.

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

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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 27, 2015

Opinion on dual office holding (employee of a school district and a member of that school’s governing school board).

Requested by The Honorable Cezar E. McKnight, Member, South Carolina House of Representatives.

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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.

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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.

Read full opinion

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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.

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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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