1999 Opinions

December 28, 1999

Opinion asking for clarification of South Carolina Code Ann. 22-5-910, which allows for the expungement of records for first offenses in a municipal court.

Requested by: The Honorable Donna B. Owens, Florence Municipal Judge

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December 21, 1999

Opinion asking on the applicability of South Carolina Code Section 56-10-225 to recently purchased vehicles.

Requested by: The Honorable Danny Singleton, Municipal Judge, Seneca Municipal Court

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December 14, 1999

Opinion concerning the legality of a private company contracting with a county to perform services for the magistrate’s court.

Requested by: Robert L. McCurdy, Staff Attorney, South Carolina Court Administration

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December 14, 1999

Opinion inquiring whether a juvenile charged only with possession of a firearm on school property must be fingerprinted in accordance with the guidelines of § 20-7-8510.

Requested by: Leslie Lambert, Investigator, Greenville County Sheriff’s Office

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December 10, 1999

Opinion asking whether the municipal election commissioner violated S.C. Code Ann. § 7-13-75 by volunteering for the candidate’s campaign.

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

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December 10, 1999

Opinion regarding a City of Aiken municipal election commissioner serving as a volunteer campaign chairman for a candidate for the State House of Representatives.

Requested by: Gary H. Smith, III, Esquire

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December 9, 1999

Opinion regarding volunteer help during an evacuation.

Requested by: Stan M. McKinney, Director, Emergency Preparedness Division, Office of the Adjutant General

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December 3, 1999

Opinion asking whether the provisions for one hundred percent assessments on fines in §§ 14-1-206 and 14-1-207 (Supp. 1998) and the 74 percent assessment in § 14-1-208 (Supp. 1998) are controlling as to the provisions in § 14-1-209 (Supp. 1998) for assessments on fines paid in installments.

Requested by: The Honorable Grady L. Patterson, Jr., State Treasurer, Wade Hampton State Office Building

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November 29, 1999

Opinion asking if a municipal court “has any authority to require an explanation from the officer as to the reason for requesting a dismissal” of a case brought before the court.

Requested by: The Honorable Ernest M. Spong, III, Municipal Judge, Town of Winnsboro

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November 22, 1999

Opinion concerning whether the State could be held liable if the Patient’s Compensation Fund became insolvent due to mismanagement or negligence.

Requested by: George L. Schroeder, Director, Legislative Audit Council

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November 15, 1999

Opinion asking whether the revenue generated pursuant to these Acts must be appropriated for the exclusive purpose for providing victim services as required by Article 15 of Title 16 of the South Carolina Code of Laws or whether a county or municipality is free to use the revenue to fund projects unrelated to the provision of victim services.

Requested by: Mia McLeod Butler, Director, State Office of Victim Assistance

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November 10, 1999

Opinion asking about the validity of a business’s policy to charge a fee for the production of records compelled by a lawful search warrant.

Requested by: Andy Blackwell, Chief of Police, Irmo Police Department

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November 5, 1999

Opinion concerning a possible work program for inmates sentenced for civil contempt.

Requested by: W. Jerry Floyd, Director, Pickens County Prison

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October 29, 1999

Opinion asking about applicability of South Carolina Code Section 25-9-120 to a municipality’s operation of a hurricane shelter.

Requested by: R. Allen Young, Esquire, Mount Pleasant Town Attorney

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October 27, 1999

Opinion concerning the regulations of a video poker establishment.

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

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October 25, 1999

Opinion regarding the South Carolina Crime Victims Compensation Act, S.C. Code Ann. Section 16-3-1110 et seq.

Requested by: Mia McLeod Butler, Director, State Office of Victim Assistance

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October 21, 1999

Opinion informing that a City of Aiken municipal election commissioner served as a volunteer campaign chairman for a candidate for the State House of Representatives.

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

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October 15, 1999

Opinion asking for guidance on several questions so that the Office of the Secretary of State may determine how to perform its ministerial duties provided by the municipal incorporation statutes.

Requested by: Neil Rashley, General Counsel, Office of the Secretary of State

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October 15, 1999

Opinion concerning the stopping of payment on a check and third party merchants.

Requested by: Investigator Todd Johnson, Newberry County Sheriff’s Office

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October 8, 1999

Opinion addressing the effective date for an amendment to a provision of the City of Florence’s zoning ordinance.

Requested by: James W. Peterson, Jr., Esquire, Florence City Attorney

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October 7, 1999

Opinion asking whether the Presidential Selected Reserve Call-up in support of Operation Southern Watch constitutes an emergency under S.C. Code Ann. § 8-7-90 so as to allow those employees of the State and its political subdivisions who have been involuntarily activated for this mission thirty additional days of paid military leave.

Requested by: Colonel Sidney S. Riggs, III, State Judge Advocate, Office of the Adjutant General and Major Peter J. Brooks, Public Information Officer, Office of the Adjutant General

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October 6, 1999

Opinion responding to a question posed by a constituent as to whether his children may attend school free of charge in a school district in which they own property, but do not reside.

Requested by: The Honorable Ronald P. Townsend, Chairman, House Education and Public Works Committee

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September 30, 1999

Opinion concerning whether, under the Supervisor-Council for of county government, the County Council or the County Supervisor has the authority to set the hours of operation of County facilities.

Requested by: Opal O. Green, Clerk, Oconee County Council

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September 29, 1999

Opinion questioning whether S.C. Code Ann. § 14-25-45 grants municipal judges the same arrest powers as are granted magistrates pursuant to S.C. Code Ann. §§ 22-5-140 and 22-5-150.

Requested by: Mr. Ronald M. Salley, Orangeburg Municipal Judge

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September 29, 1999

Opinion on S.C. Code Ann. Section 56-25-40(b). Requested by Ms. Sharon Turner, Court Administrator, Richland County Central Court. Read full opinion.

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September 24, 1999

Opinion concerning the limits which the First Amendment imposes upon school officials and/or a local school board in determining that a book in question should be removed from the high school library.

Requested by: The Honorable Harry C. Stille, Member, House of Representatives

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September 24, 1999

Opinion questioning the constitutionality of Act No. 733 of 1967, concerning the Georgetown County water and Sewer District.

Requested by: The Honorable Vida O. Miller, Member, House of Representatives

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September 22, 1999

Opinion about the appropriate start date of the terms of office for members of the Wil Low Opportunity School Board of Trustees.

Requested by: Louise T. Scott, Ph.D., Chair, Board of Trustees

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September 22, 1999

Opinion on South Carolina Code of Laws Section 44-29-230, which requires testing for bloodborne disease when an emergency response employee may be exposed.

Requested by: James E. Croland

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September 22, 1999

Opinion on South Carolina Code of Laws Section 44-29-230, which requires testing for bloodborne disease when an emergency response employee may be exposed.

Requested by: The Honorable Johnny Mack Brown

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September 21, 1999

Opinion addressing the procedure for amending a provision of the City’s zoning ordinance.

Requested by: James W. Peterson, Jr., Esquire, Florence City Attorney

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September 20, 1999

Opinion asking whether a dual office holding situation would exist under Article XVII, § 1A of the state constitution if a member of the Manning City Council should simultaneously serve as a member of the Clarendon County District Two School Board.

Requested by: The Honorable Jerry Robinson, Mayor, City of Manning; The Honorable Hezikiah Gibson, Mayor Pro-Tem, City of Manning

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September 17, 1999

Opinion asking about the interpretation of statute, S.C. Code Ann. § 61-6-4710.

Requested by: Paul A. Sandifer, Director, South Carolina Department of Natural Resources

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September 17, 1999

Opinion asking whether S.C. Code Ann. §29-3-330, permits an attorney to release a portion of property from a mortgage.

Requested by: The Honorable Judy G. Hix, Register of Deeds, County of Greenville

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September 3, 1999

Opinion asking: “May the Attorney General become involved in settling boundary disputes (a) for an area/district created before home rule and (b) for an area/district created after home rule?”

Requested by: The Honorable Harry F. Cato, Member, House of Representatives

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September 2, 1999

Opinion concerning the York County Board of Disabilities and Special Needs, specifically S.C. Code Ann. § 44-20-375.

Requested by: The Honorable Robert W. Hayes, Jr., Senator, District No. 15

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August 26, 1999

Opinion regarding dual office holding, whether being a municipal court judge and being Charleston County Solicitor would violate that rule.

Requested by: R. Allen Young, Esquire, Town Attorney, Town of Mount Pleasant

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August 25, 1999

Opinion asking whether the Irmo-Chapin Recreation District possesses the authority to construct and operate the Saluda Shoals Park.

Requested by: The Honorable Joe Wilson, Member, South Carolina Senate

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August 18, 1999

Opinion asking whether South Carolina Code of Laws Section 56-5-2953 requires the videotaping of an individual’s arrest at the incident site for Driving Under the Influence.

Requested by: Chief Willie L. Smith, Marion Police Department

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August 18, 1999

Opinion asking how to alleviate the problem of underage individuals paying for cigarettes from a vending machine.

Requested by: Willie L. Smith, Marion Police Department

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August 16, 1999

Opinion asking “Can the Florence County Fire Board have real estate property titled in their name or should property be title in the individual fire department’s name?”

Requested by: Warren E. Coker, Chairman, Florence County Fire Board

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August 12, 1999

Opinion concerning the appropriate language to be used in future legislation to provide consistent construction standards in state owned building by the adoption of the latest edition of standard codes.

Requested by: The Honorable Joe Wilson, Member, South Carolina Senate

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August 10, 1999

Opinion regarding fraudulent checks.

Requested by: The Honorable J. Roland Smith, Member, House of Representatives

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August 10, 1999

Opinion asking whether nonresident Commission members may continue to serve on the Commission until the end of their appointed terms or must the nonresident members be replaced by resident members before their terms end.

Requested by: The Honorable William C. Mescher, Senator, District No. 44

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August 10, 1999

Opinion questioning whether a defendant is entitled to a preliminary hearing where he was indicted before the hearing could be held.

Requested by: The Honorable Joseph McDomick, Magistrate, St. Helena Island

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August 10, 1999

Opinion questioning whether a defendant can repeatedly be held in contempt of court for failure to make restitution payments until the restitution payments are made.

Requested by: W.S. Hanks, Chief of Police, Honea Path Police Department

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August 5, 1999

Opinion asking whether the Legislative Audit Council has the authority to conduct audits of special purpose districts.

Requested by: Mr. George L. Schroeder, Director, Legislative Audit Council

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August 5, 1999

Opinion asking whether you, as Chairman, the Superintendent of Education of Greenville County and an executive officer of the Greenville Higher Education Center Advisory Council serve ex offico as members of the Greenville County Commission for Technical Education.

Requested by: Mr. Roger D. Meek, Chairman, Board of Trustees of School District of Greenville County

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August 3, 1999

Opinion asking whether the South Carolina Department of Probation, Parole, and Pardon Services may require, as a condition to probation, a probationer to submit to reasonable, warrant less searches by Probation Officers.

Requested by: Jack Sinclaire, Deputy Solicitor, Ninth Judicial Circuit

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July 26, 1999

Opinion asking whether the dual office holding prohibitions of the South Carolina Constitution would be violated if an individual were to simultaneously serve as a member of the Greenwood County Council and as a member of the State Board of Nursing.

Requested by: W. Lee Roper, Esquire

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July 23, 1999

Opinion addressing whether a South Carolina rural electric cooperative (“SCREC”), either through a subsidiary or otherwise, may lawfully engage in the business of offering products and services other than electric power.

Requested by: The Honorable Ronald P. Townsend, Chairman. House Education and Public Works Committee and The Honorable John C. Land, III, Senate Majority Leader

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July 21, 1999

Opinion informing that the burden of raising funds for garbage disposal within the City of Chester has recently fallen on the City rather than the County, which had previously provided the service.

Requested by: Arthur Lee Gaston, Esquire

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July 20, 1999

Opinion regarding the Patient’s Compensation Fund, which your agency is currently reviewing.

Requested by: George L. Schroeder, Director, Legislative Audit Counsel

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July 12, 1999

Opinion regarding whether Rangers employed by the Irmo-Chapin Recreation Commission possess arrest powers.

Requested by: Joe Craven, Chief Ranger, Irmo Chapin Recreation Commission- Ranger Unit

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July 12, 1999

Opinion concerning South Carolina Code of Laws Section 16-17-420 and 59-63-280, entitled “Disturbing Schools” and “Possession of paging devices by public school students under the age of eighteen prohibited,” respectively.

Requested by: The Honorable John W. Holcombe, Sheriff, Chester County

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July 9, 1999

Opinion concerning the effect of S.C. Code Ann. §29- 3-330 (Supp. 1998) concerning satisfactions of mortgages.

Requested by: The Honorable Wanda F. Prevatte, Register of Deeds

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July 7, 1999

Opinion asking whether member of the Goose Creek Recreation Commission must reside within the boundaries of the Recreation Commission.

Requested by: The Honorable William C. Mescher, Senator, District No. 44

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July 7, 1999

Opinion concerning the ownership of the items in the collection of the Confederate Relic Room.

Requested by: The Honorable Glenn F. McConnell, Senator, District No. 41

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July 6, 1999

Opinion asking whether a magistrate, in addition to the circuit court judge, may sign a consent form for the forfeiture of seized gambling funds.

Requested by: Sheriff Johnny Mack Brown

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July 1, 1999

Opinion regarding the grounds for and the procedure to be followed in removing a member of the Georgetown County Planning Commission.

Requested by: Jack M. Scoville, Jr., Esquire, Georgetown County Attorney

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July 1, 1999

Opinion advising as to whether a school district board of trustees may permit the free attendance at its schools of the children of a teacher when the teacher and children reside out-of-state.

Requested by: The Honorable Herbert Kirsh, Member, House of Representatives

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June 30, 1999

Opinion on whether a magistrate in addition to the circuit court judge, may sign a consent form for the forfeiture of seized gambling funds. Requested by Sheriff Johnny Mack Brown, Sheriff, Greenville. Read full opinion.

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June 22, 1999

Opinion asking whether constables may be employed by school districts.

Requested by: Mr. Jeffery McWhorter, Director, Department of Public Safety, Berkeley County School District

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June 21, 1999

Opinion regarding the interpretation of Section 40-71-10 and 40-71-20 of the Code of Laws of South Carolina 1976, as amended.

Requested by: The Honorable Harry B. Limehouse, III

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June 21, 1999

Opinion asking whether a dual office situation would exist if a highway patrolman simultaneously served as a member of the Newberry County School Board.

Requested by: The Honorable Andre Bauer, Senator, District No. 18

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June 17, 1999

Opinion asking whether an agency must delete suspect information from an incident report prior to releasing it if the investigation is ongoing, a warrant has not yet been issued, or the suspect has not been convicted?

Requested by: Tom O. Gainey, Chief Deputy, Darlington County Sheriff’s Department

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June 8, 1999

Opinion asking on the length of pre-trial time a person can be held in custody when the pre-trial time might exceed the maximum sentence possible for the offense charged.

Requested by: Chief Deputy Edward S. Whitlock, Jr., Charleston County Sheriff’s Office

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June 8, 1999

Opinion asking whether a district commissioner of the South Carolina Department of Transportation may be elected to and serve a second consecutive four-year term.

Requested by: The Honorable Warren K. Giese, Member, South Carolina Senate

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June 4, 1999

Opinion concerning the effect of S.C. Code Ann. § 29-3-330 (Supp. 1998) concerning satisfactions of mortgages.

Requested by: The Honorable Cynthia B. Forte, Register of Deeds

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June 2, 1999

Opinion questioning whether the provisions of S.C. Code Ann. § 56-5-2953 (Supp. 1998) are applicable to non-SLED provided breath site videotaping devices.

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

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June 2, 1999

Opinion informing that the Three Rivers Solid Waste Authority was formed pursuant to Section 6-16-10 et seq. of the South Carolina Code of Laws.

Requested by: Eric P. Thompson, Executive Director, Three Rivers Solid Waste Authority

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June 1, 1999

Opinion noting that recently the Department of Natural Resources has had correspondence with Mr. Ed Dixon concerning a renewal for his watercraft registration.

Requested by: Buford S. Mabry, Jr., Chief Counsel, South Carolina Department of Natural Resources

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May 27, 1999

Opinion asking whether a dual office holding situation exists if the McCormick Town Attorney simultaneously serves as the Tri-County Public Defender for Edgefield, Saluda and McCormick Counties.

Requested by: The Honorable Miriam E. Patterson, Mayor, Town of McCormick

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May 26, 1999

Opinion asking for advice related to a constituent’s concern about a school photography contract.

Requested by: The Honorable Converse A. Chellis, III, Member, House of Representatives

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May 25, 1999

Opinion asking questions regarding the Municipal Court of North Augusta’s authority to contract with a private company to provide probation services to individuals sentenced to probation by the Municipal Court.

Requested by: Cynthia S. Luckey, Clerk of Court, City of North Augusta

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May 25, 1999

Opinion concerning Clemson University’s Board of Trustees’ reservations as to potential long term liabilities assumed with the implementation of the collection and disposal of agriculture pesticides addressed in proposed unusable pesticide collection legislation.

Requested by: John R. Gentry, Esquire

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May 24, 1999

Opinion asking whether Winthrop University may make an “in-kind” donation to the Rock Hill Chamber of Commerce.

Requested by: The Honorable Herbert Kirsh, Member, House of Representatives

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May 21, 1999

Opinion on the legality of two games conducted by local organizations, which may constitute an illegal lottery.

Requested by: Chief Harold B. Johnson, Chief of Police, City of Sumter

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May 19, 1999

Opinion referencing that the county has advised you that it would not provide rent for your office space, nor would facilities be otherwise provided.

Requested by: The Honorable Charles H. Pate, Magistrate, Chesterfield County

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May 19, 1999

Opinion asking whether it is appropriate for a county to impose a business license tax on individuals who reside in one county but own rental property in the county imposing the tax.

Requested by: The Honorable John C. Land, III, Senate Majority Leader

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May 18, 1999

Opinion regarding the amendment of South Carolina Code Sections 20-1-220 and 44-63-75, effective June 10, 1997, as well as the impact of the amended statutes under the South Carolina Freedom of Information Act.

Requested by: Mary S. Schroeder, Interim Director, South Carolina Court Administration

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May 17, 1999

Opinion asking whether your advice is correct that the boards in Spartanburg County do not have the power to set millage rates of levy taxes to fund their annual budgets.

Requested by: J. Mark Hayes, Esquire

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May 13, 1999

Opinion asking questions regarding the recently enacted City of Greer hospitality tax ordinance.

Requested by: The Honorable Lewis R. Vaughn, Member, House of Representatives

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May 4, 1999

Opinion asking whether the number of favorable votes in a meeting of the Berkeley County Legislative Delegation meets the statutory requirements for appointment of an individual to the Commission.

Requested by: The Honorable William C. Mescher, Senator, District No. 44

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May 3, 1999

Opinion clarifying the functions and responsibilities of the South Carolina Commissioner of Agriculture in light of the fact that the Office of Commissioner is a constitutional office.

Requested by: The Honorable D. Leslie Tindal, Commissioner, SC Department of Agriculture

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April 30, 1999

Opinion on the constitutionality of Senate Bill 684.

Requested by: The Honorable Shirley R. Hinson, Member, House of Representatives

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April 28, 1999

Opinion concerning a meeting of the State Retirement Systems Investment panel, two issues were raised by Panel members as they discusses the development of an equity investment plan for the Retirement Systems.

Requested by: Edwin Pearlstein, Chairman, State Retirement Systems Investment Panel

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April 28, 1999

Opinion asking whether simultaneous service as mayor and correctional officer violates the dual office holding prohibitions of the South Carolina Constitution.

Requested by: The Honorable Joe E. Brown, Member, House of Representatives

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April 27, 1999

Opinion regarding the constitutionality of proposed legislation commonly referred to as “No Pay, No Play,” which, as written, prohibits the recovery of non-economic damages by an uninsured owner or operator of a motor vehicle.

Requested by: The Honorable Rudolph M. Mason, Chairman, Insurance Subcommittee; Labor, Commerce, and Industry Subcommittee; House of Representatives

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April 22, 1999

Opinion regarding the constitutionality of proposed Regulation 35-24, which would amend existing continuing education criteria for individuals falling under the authority of the State Board of Cosmetology.

Requested by: The Honorable Charles R. Sharpe, Member, House of Representatives

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April 19, 1999

Opinion concerning the carrying of handguns in motor vehicles.

Requested by: James A. Preacher, Jr., Chief of Police, Norway Police Department

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April 7, 1999

Opinion concerning the constitutionality of per se blood-alcohol offense statutes involving the operation of a motor vehicle.

Requested by: The Honorable J. Gary Simrill, Member, House of Representatives

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April 1, 1999

Opinion asking whether “…the Governor [has] …the authority to remove members of the Public Service Authority prior to the expiration of their terms.”

Requested by: The Honorable Larry K. Grooms, Senator, District No. 37

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March 29, 1999

Opinion asking for clarification on the service of judicial bench warrants, particularly regarding a police officer’s entry into a home of the defendant, or the home of a third party, to serve the bench warrant.

Requested by: Captain Al Eargle, Richland County Sheriff’s Department

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March 26, 1999

Opinion informing that Mr. Anthony Carpenter was elected to the Board of Education of Laurens County School District 55 on March 2, 1999 and will take office on April 1, 1999.

Requested by: Edgar C. Taylor, Ed.D., Superintendent, Laurens County School District 55 and Anthony Carpenter, Board Member Elect, Laurens County School District 55

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March 25, 1999

Opinion asking for an interpretation of § 39-5-325(A) of the South Carolina Code of Laws.

Requested by: Philip S. Porter, Administrator and Consumer Advocate, South Carolina Department of Consumer Affairs

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March 23, 1999

Opinion asking for clarification of a recent opinion to Senator Ranking regarding so-called “cruises to nowhere.”

Requested by: The Honorable W. Greg Ryberg, Member, South Carolina Senate

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March 23, 1999

Opinion asking whether businesses are exempt from licensing as mortgage brokers if they only close loans in their own names or if they sell loans to federally insured or regulated institutions.

Requested by: The Honorable James S. Klauber, Member, House of Representatives

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March 18, 1999

Opinion questioning whether off-duty City of Florence police officers could be used to provide security services for a housing authority outside the city limits through a contractual agreement.

Requested by: Lieutenant Jerry L. Small, City of Florence Police Department

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March 16, 1999

Opinion concerning Chapter 26 of Title 43, Operation of Vending Facilities by Blind Persons.

Requested by: Gerry Urbanic, Director, Department of Legal Services, Charleston County School District

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March 16, 1999

Opinion asking whether a dual office holding situation exists if a member of the City of North Myrtle Beach Board of Zoning Appeals simultaneously serves on the Horry County Higher Education Commission.

Requested by: The Honorable Liston D. Barfield, Chairman, Horry County Legislative Delegation

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March 15, 1999

Opinion stating: in 1991 the Forfeited Land Commission of Aiken County became the owner due to delinquent taxes on the Clearwater Finishing Plant that was a dye and finishing plant which was once a division of United Merchants.

Requested by: The Honorable Linda Sharpe, Treasurer of Aiken County

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March 15, 1999

Opinion regarding Good Samaritan Law for Engineers and Architects.

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

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March 12, 1999

Opinion asking whether “the elected County Treasurer, as a non-attorney, [may] present a case before Magistrate’s Court, as a representation of the County.”

Requested by: The Honorable Elizabeth C. Hair, Sumter County Treasurer

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March 9, 1999

Opinion concerning whether the federal Johnson Act allows not only a state, but a political subdivision of a state to exempt itself through legislative action from the effect of the federal law?

Requested by: The Honorable Luke A. Rankin, Member, South Carolina Senate

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March 2, 1999

Opinion asking whether a dual office holding situation exists if a member of the City of North Charleston Parks and Recreation Board simultaneously serves as a member of the Cooper River Constituent District #4.

Requested by: Gerry Urbanic, Director, Department of Legal Services, Charleston County School District

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March 2, 1999

Opinion regarding South Carolina Code 47-1-160, which deals with a nonprofit animal humane organization.

Requested by: The Honorable Glenn F. McConnell, Senator, District No. 41

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March 1, 1999

Opinion indicating that the Council “is concerned about using spike sticks in a pursuit, and would like to know what liability is involved in such a chase; who is responsible should an innocent person fall victim.”

Requested by: John R. Watford, Chief of Police, Town of Jefferson

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March 1, 1999

Opinion regarding a municipality within Hampton County fails to provide the information required by South Carolina Code Section 16-3-1525 during the booking process at the Hampton County Detention Center.

Requested by: Tounda Smith, Jail Administrator, Hampton County Detention Center

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February 25, 1999

Opinion requesting an interpretation of certain provisions found in Section 56-31-30 (A) of the South Carolina Code of Laws.

Requested by: Charles F. Reid, Chief of Staff & Counsel to the Speaker, South Carolina House of Representatives

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February 17, 1999

Opinion regarding a recent amendment of S.C. Code Ann. Sec. 44-23-1150 and seeking clarification of the meaning of the phrase “sexual intercourse” found therein.

Requested by: The Honorable James E. Singleton, Sheriff of Oconee County

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February 17, 1999

Opinion regarding the propriety of paying members of county council cost of living increases, longevity pay increases and bonuses.

Requested by: The Honorable Mark S. Kelley, Member, House of Representatives

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February 11, 1999

Opinion referencing the South Carolina Republican Party and it conducting its Presidential Preference Primary on Saturday February 19, 2000.

Requested by: The Honorable Hugh K. Leatherman, Sr., Senator, District No. 31

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February 4, 1999

Opinion as to whether the Education Accountability Act prohibits boards of trustees from holding an appeals hearing and then promoting a student based upon the information presented at the hearing even though the student’s assessment results indicate that standards have not been met.

Requested by: The Honorable Ronald P. Townsend, Chairman, House Education and Public Works Committee

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February 2, 1999

Opinion regarding the Calhoun County and Eastman Chemical Company and its Lease Purchase Agreement. This opinion also addressed the Calhoun County School District’s desire to build a new elementary school in the county.

Requested by: F. Lee Prickett, Jr., Esquire

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January 26, 1999

Opinion relating to H.3002 which banning gambling “cruises to nowhere” as allowed by Johnson Act 15 U.S.C. 1175 (b)(2)(A).

Requested by: Reginald I. Lloyd, Counsel and Director of Research Judiciary Committee, South Carolina House of Representatives

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January 26, 1999

Opinion asking whether a local school district in Clarendon County may approve a charter school application and file it with the State Board of Education without the approval of the County Board of Education.

Requested by: The Honorable Alex Harvin III, The Majority Leader Emeritus, South Carolina House of Representatives

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January 25, 1999

Opinion asking whether a dual office situation exists if the Director of Law Enforcement were simultaneously serves as the supervisor of parking personnel for Clemson University .

Requested by: Lonnie J. Saxon

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January 19, 1999

Opinion asking whether more than two of the Authority’s seven commissioners can reside outside of the municipality’s corporate boundaries.

Requested by: Edward L. Boyd, Executive Director, Beaufort Housing Authority

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January 19, 1999

Opinion asking if “we are in our legal bounds to stop a motor vehicle because it is displaying a tag on it from where it was purchased and/or has no license tag at all.”

Requested by: Joe J. Ard, Chief of Police, Scranton Police Department

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January 15, 1999

Opinion asking whether it is legal for Georgetown County to make interest-free loans to county employees for the purchase of personal computers to be used by the employees in their homes.

Requested by: Jack M. Scoville, Jr., Esquire, Georgetown County Attorney

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January 14, 1999

Opinion asking whether the appointment of an individual to a board or commission who is not qualified to serve is automatically annulled upon discovery of the lack of qualification.

Requested by: The Honorable John Graham Altman, III, Member, House of Representatives

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January 11, 1999

Opinion asking whether appointment to the board of trustees (the “Board”) of the Regional Medical Center of Orangeburg and Calhoun Counties (the “TRMC”) is considered an office for dual office holding purposes.

Requested by: D’Anne Haydel, Esq., Orangeburg County Attorney

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January 8, 1999

Opinion asking whether the Santee-Cooper Counties Promotion Commission (hereinafter “the Commission”) has the authority to borrow money in its own name and repay the loan with funds received from the county governments comprising the area represented by the Commission.

Requested by: The Honorable Alex Harvin III, The Majority Leader Emeritus, South Carolina House of Representatives

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January 8, 1999

Opinion clarifying “the scope of the statutory exemptions, § 11-35-710 (1997 cum. supp.) which is part of the South Carolina Procurement Code.”

Requested by: Luther F. Carter, Executive Director, State Budget and Control Board and Elizabeth S. Mabry, Director, Department of Transportation

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January 7, 1999

Opinion regarding the State Safe Drinking Water Act, S.C. Code Ann. §§ 44-55-10 et seq.

Requested by: The Honorable W. Greg Ryberg, Senator, District 24

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January 7, 1999

Opinion addressing the meaning of the term “office of honor, profit or trust.”

Requested by: The Honorable John Graham Altman, III, Member, House of Representatives

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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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