Archive for the ‘2001 Opinions’ Category

December 18, 2001

Opinion relating to S.C. Code Ann. § 16-3-1750, which creates an action in magistrate’s court allowing a person to seek a restraining order against an individual who may be engaged in the harassment or stalking of that person. The opinion clarifies the appropriate venue for the filing of such an order.

Requested by: Lieutenant Richard F. Moser, City of Charleston Police Department

Read full opinion

December 17, 2001

Opinion noting that you have recently announced your intention to “introduce legislation that would amend the current Moment of Silence law to provide for language that clarifies that students have the legal right to silently pray in public schools in South Carolina.”

Requested by: The  Honorable Rick Quinn, Majority Leader, South Carolina House of Representatives,  The Honorable Rita Allison, Member, House of Representatives, The Honorable Jim Klauber, Member, House of Representatives

Read full opinion

December 13, 2001

Opinion noting the fact that both the full-time Solicitor  for Dillon County and the City Attorney for Dillon wish to handle all preliminary hearings for General Sessions cases made in Dillon county and discussing who “has the responsibility, and the right, to represent the State at preliminary hearings that are within the jurisdiction of the Court of General Sessions.”

Requested by: The Honorable Jay Hodge, Solicitor, Fourth Judicial Circuit

Read full opinion

December 10, 2001

Opinion addressing whether Coastal Carolina may enter an agreement with a developer of retirement communities in which he would use the name of the University in the name of his properties such as “—- Communities at Coastal Carolina…”

Requested by: Edgar Dyer, Esquire

Read full opinion

December 10, 2001

Opinion addressing the following question: can a judge accept a “conditional guilty plea” if the conditions imposed by the State are that the defendant must complete some type of deferment (i.e. : P.T.I., community service, substance abuse treatment, etc.) resulting in the guilty plea later being vacated and the pending charge dismissed?

Requested by: The Honorable Alston C. Badger, Mount Pleasant Municipal Judge

Read full opinion

December 3, 2001

Opinion addressing whether a principal may require students to attend make-up sessions for doctor prescribed absences in excess of the ten unexcused absences allowed by law and whether a principal can
charge a fee for the program.

Requested by: The Honorable Robert W. Hayes, Jr., Member, South Carolina Senate

Read full opinion

November 30, 2001

Opinion concerning “… the application of the S.C. bill known as Jacob’s Law…[Senate Bill] 3300 that was signed by the Governor on May 26, 2000.”

Requested by: The Honorable Joe Wilson, Senator, District No. 23

Read full opinion

November 30, 2001

Opinion regarding Kershaw County Medical Center forming a partnership with a private physician group.

Requested by: Donnie J. Weeks, President & CEO, Kershaw County Medical Center

Read full opinion

November 28, 2001

Opinion relating to the scope of South Carolina’s Freedom of Information Act.

Requested by: Lt. Michael Frank, ACSO Public Information/ Special Projects, Aiken County Sheriff’s Office

Read full opinion

November 20, 2001

Opinion concerning amendments to the enabling ordinance of the Bamberg County Development Board.

Requested by: Alzena Robinson, Member, Bamberg County Development Board

Read full opinion

November 14, 2001

Opinion requesting clarification of the “authority and legal standing in the performance of their duties” of jail officers.

Requested by: Larry W. Powers, Director, Spartanburg County Detention Center

Read full opinion

November 7, 2001

Opinion concerning the application of South Carolina’s drug forfeiture statutes.

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

Read full opinion

November 7, 2001

Opinion concerning three issues: Transportation Facilities Financing Statute, Toll for Arthur Ravenel, Jr., Cooper River Bridge, and Restrictions of the Use of Residual Funds.

Requested by: Joseph Dawson, III, Esquire

Read full opinion

November 2, 2001

Opinion concerning the authority of a fire chief with reference to law enforcement officers at fire and automobile accident scenes.

Requested by: Captain C.E. Allison, Cheraw Police Department

Read full opinion

October 31, 2001

Opinion “…regarding payment of property taxes as defined by S.C. statute 12-37-2615.”

Requested by: Cpl. Heyward McDonald, Traffic Division, Charleston Police Department

Read full opinion

October 31, 2001

Opinion concerning the ability of municipal police officers to assist in the service of probation violation warrants.

Requested by: Ms. Monnie M. English, Agent in Charge, Marlboro County Probation Office

Read full opinion

October 30, 2001

Opinion “with regards to the use of firearms within a Bird sanctuary for the purpose of deer population control.”

Requested by: Chad B. Hatley, Esquire

Read full opinion

October 30, 2001

Opinion “regarding 56-1-30 (6) of the S.C. Code of Laws. Specifically, asking, if persons with Mexican driver’s licenses “qualify to drive in this state for the five-year period indicated in this statue with only a diver’s license issued in Mexico.”

Requested by: The Honorable Robert W. Davis, Municipal Judge, City of Lancaster

Read full opinion

October 22, 2001

Opinion on the following issues: disposal property in S.C. Code Section 29-1-30, Code Section 16-13-420 dealing with lease-purchase, and how to tell the difference between a valid rental agreement or a lease-purchase agreement.

Requested by: The Honorable Thomas E. Shealy, Municipal Judge, City of Gaffney

Read full opinion

October 18, 2001

Opinion concerning South Carolina Code of laws Section 20-7-655, the Child Protective Appeals Process. Specifically, asking, “who is entitled to the appeals process that is referenced in this statute.”

Requested by: The Honorable Scott F. Talley, Member, House of Representatives

Read full opinion

October 18, 2001

Opinion concerning the ability of part-time magistrates to receive insurance benefits as a prerequisite of his/her position with the county.

Requested by: The Honorable James H. Merrill, Member, House of Representatives

Read full opinion

October 16, 2001

Opinion concerning the enforceability of a South Carolina state court subpoena served outside the borders of the state.

Requested by: Stephen M. Pstrak, Esquire

Read full opinion

October 16, 2001

Opinion concerning student registration for voting purposes throughout the various counties in South Carolina.

Requested by: James F. Hendrix, Executive Director

Read full opinion

October 11, 2001

Opinion asking whether local governments may recoup expenses for computer upgrades related to tracking the DUI surcharge for spinal cord research from all court revenues or whether the deductions fro these expenses should be made only from the one hundred dollar DUI surcharge.

Requested by: The Honorable Grady L. Patterson, Jr., State Treasurer

Read full opinion

October 8, 2001

Opinion on South Carolina Code of Laws Section 15-1-290, asking whether a probate judge must apply Section 15-1-290 in a proceeding because it has not been repealed.

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

Read full opinion

October 4, 2001

Opinion concerning conflicts between the requirements of the Standard Building Code and the State Fire marshal’s Rules and Regulations.

Requested by: Donny Phipps, Director of Inspections

Read full opinion

October 1, 2001

Opinion regarding the use of victim assessments monies.

Requested by: Joseph Dawson, III, Esquire

Read full opinion

October 1, 2001

Opinion on S.C. Code Ann. § 24-13-1540 and electronic monitoring as condition of bail.

Requested by: The Honorable J. Al Cannon, Jr., Sheriff, Charleston County

Read full opinion

September 25, 2001

Opinion concerning the authority of a Class 2 Law Enforcement Officer to provide bloodhound tracking services by contract for the Chief of Police’s department.

Requested by: Greg Holland, Chief of Police, Carlisle Police Department

Read full opinion

September 24, 2001

Opinion clarifying the Employment Security Commission’s “authority to prosecute cases on its own behalf or, in the alternative, authorization from the Attorney General allowing it to do so.”

Requested by: H.W. Funderburk, Jr., General Counsel, Employment Security Commission

Read full opinion

September 18, 2001

Opinion concerning the imposition of local accommodations and hospitality taxes, now codified at South Carolina Code of Laws Sections 6-1-500, et seq. and 6-1-700, et seq.

Requested by: The Honorable Thomas G. Keegan, Member, House of Representatives

Read full opinion

September 18, 2001

Opinion regarding the imposition of local accommodations and hospitality taxes, now codified at South Carolina Code of laws Sections 6-1-500, et seq and 6-1-700. et seq.

Requested by: The Honorable Tracy R. Edge, Member, House of Representatives

Read full opinion

September 17, 2001

Opinion “concerning bonds that have been set by a circuit court judge.” Specifically, whether approving sureties and finalizing bonds.

Requested by: The Honorable June Miller, Clerk of Court, Union County

Read full opinion

September 14, 2001

Opinion concerning whether a dual office holding situation exists if a member of the Horry County Accommodations Tax Committee simultaneously serves on the Tourism Expenditure Review Committee.

Requested by: John L. Weaver, Esquire

Read full opinion

September 12, 2001

Opinion “regarding the educational requirements for service as a magistrate in South Carolina.”

Requested by: The Honorable W. Greg Ryberg, Senator, District No. 24

Read full opinion

September 10, 2001

Opinion concerning the registration and taxation of motor vehicles operated in South Carolina but owned by a resident of another state.

Requested by: The Honorable Cyrus Spradley, Aiken County Auditor

Read full opinion

September 10, 2001

Opinion on the application and scope of S.C. Code §§56-5-1520 and 56-5-15-38. Specifically asking whether a driver owes a duty to watch for emergency personnel and take precautions when approaching an emergency scene.

Requested by: The Honorable Vincent A. Sheheen, Member, House of Representatives

Read full opinion

September 7, 2001

Opinion on the legality of a game called “Lucky 7s” attached to Great American Pre-Paid Phone Cards.

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

Read full opinion.

August 30, 2001

Opinion “concerning authority of a private security officer employed in an enclosed and/or gated residential enclave to pursue and stop vehicles and detain and issue Uniform Traffic Tickets or administrative penalty notices to violators on streets within the enclave.”

Requested by: Robert M. Stewart, Chief, South Carolina Law Enforcement Division

Read full opinion

August 27, 2001

Opinion raised several questions dealing with Provisio 72.95 (GP: State Funded Libraries – web Filters) of the Annual Appropriations Act that was enacted on July 1, 2001.

Requested by: The Honorable Richard M. Quinn, Jr., Majority Leader, South Carolina House of Representatives

Read full opinion

August 27, 2001

Opinion concerning the compensation of a clerk of court who temporarily fills the vacancy in the office of a probate judge.

Requested by: The Honorable George K. Fickling, Barnwell County Clerk of Court

Read full opinion

August 23, 2001

Opinion “on the new seat belt law in reference to persons 17 and under required to be in safety restraints. Specifically, whether it would be against the law for anyone 17 and under to ride in the back of a pick up truck?”

Requested by: John G. Brown, Chief of Police

Read full opinion

August 22, 2001

Opinion concerning the obligation of a governmental entity to pay certain medical expenses for pre-trial detainees.

Requested by: David E. Rushton, President, SC Jail Administrators’ Association

Read full opinion

August 22, 2001

Opinion concerning the release of information obtained in business license applications pursuant to the Freedom of Information Act.

Requested by: The Honorable Daniel T. Cooper, Member, House of Representatives

Read full opinion

August 15, 2001

Opinion “as to the constitutionality of the proposed ordinance and this type of regulation by a county governing body.”

Requested by: C. Heath Ruffner, Esquire

Read full opinion

August 13, 2001

Opinion asking questions related to the extent to which members of the Board of Trustees for the Fairfield County School District may receive compensation for their services on the Board.

Requested by: The Honorable Robert L. Carrison, Member, Town Council of Winnsboro

Read full opinion

August 8, 2001

Opinion addressing concerns about the local rescue sqad taking pictures of deceased individuals at accident scenes.

Requested by: The Honorable J. Todd Hardee, Darlington County Coroner

Read full opinion

August 3, 2001

Opinion concerning the Setoff Debt Collection Act and its application to a public benefit nonprofit corporation.

Requested by: The Honorable J. Yancey McGill, Senator, District No. 32

Read full opinion

August 2, 2001

Opinion concerning the legality of video poker redemption machines – “Racing machines” or “Cadillac Jack’s.”

Requested by: The Honorable Greg Gregory, Senator, District No. 16

Read full opinion

July 31, 2001

Opinion (mailed August 3, 2001) regarding firearms which are accumulating in your Department’s “Evidence Room.” Specifically, asking how to properly dispose of the following firearms.

Requested by: Det. Sgt. Robert F. Rockholt, Senior Firearms Instructor, Lancaster Police Department

Read full opinion

July 31, 2001

Opinion concerning fire protection in Colleton County.

Requested by: The Honorable David J. Owens, II, Member, House of Representatives

Read full opinion

July 30, 2001

Opinion concerning the licensing of massage/bodywork therapists and cosmetologists and estheticians.

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

Read full opinion

July 30, 2001

Opinion concerning municipal police jurisdiction on portions of roadways completely outside the municipal limits.

Requested by: Officer Jeremy M. Keller, Blackville Police Department

Read full opinion

July 27, 2001

Opinion concerning the Local Hospitality Tax Act.

Requested by: The Honorable David Thomas, Senator, District No. 8

Read full opinion

July 24, 2001

Opinion asking “whether a legislator who has served in the South Carolina General Assembly in 2001 may be employed as Executive Director of the South Carolina Lottery, an employment position created by the legislation that enacted the South Carolina Lottery in 2001.”

Requested by: The Honorable Glenn F. McConnell, President Pro Tempore, The Senate

Read full opinion

July 19, 2001

Opinion concerning the activities of a private consulting firm owned in part by a State legislator.

Requested by: The Honorable John L. Scott, Jr., Member, House of Representatives

Read full opinion

July 19, 2001

Opinion issuing “an advisory opinion about county Magistrate’s qualifications for receiving State life and health benefits.”

Requested by: The Honorable James H. Merrill, Member, House of Representatives

Read full opinion

July 19, 2001

Opinion concerning our State’s Constitutional provision prohibiting dual office holding.

Requested by: George S. Glassmeyer, Assistant General Counsel, South Carolina Department of Public Safety

Read full opinion

July 18, 2001

Opinion “concerning the interpretation  of [S.C. Code Ann. §§ 22-1-10, 22-4-40 & 22-8-40]” as those statutes relate to the number of magistrates which may be appointed to serve in a particular county.

Requested by: John G. Frampton, Esquire

Read full opinion

July 18, 2001

Opinion concerning the application of S.C. Code Ann. §§ 34-11-60 & 70 (Drawing and Uttering Fraudulent Checks, etc.) when the check involved is written on a corporate account.

Requested by: The Honorable William H. Womble, Jr., South Carolina Summary Court, Chief Judge, Richland County

Read full opinion

July 18, 2001

Opinion clarifying what is meant in the informal opinion dated November 3, 2000 by the phrase “body having oversight” of a particular historic monument or memorial.

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

Read full opinion

July 18, 2001

Opinion concerning whether a dual office holding situation exists if a South Carolina independent college president serves simultaneously as the ex officio member representing the independent colleges on the S.C. Commission on Higher Education and as a member of the S.C. Tuition Grant Commission.

Requested by: Edward M. Shannon, III, Executive Director, South Carolina Higher Education Tuition Grants Commission.

Read full opinion

July 18, 2001

Opinion concerning the propriety of the actions of the Jasper County Council in approving the county’s purchase of military time for county employees over the age of fifty and with at least ten years of service to the county.

Requested by: Darrell Thomas Johnson, Jr., Esquire

Read full opinion

July 17, 2001

Opinion regarding “towns that have passed city ordinances on speed restrictions or careless driving.”

Requested by: The Honorable Davis R. Parkman, Chief Magistrate, Edgefield

Read full opinion

July 13, 2001

Opinion indicating that the City of Myrtle Beach Police Department is in the process of forming a “Crisis Negotiation team” and that you are researching “the use of a device commonly known as a ‘hostage rescue phone’.”

Requested by: Pfc. Brian K. Mein, Myrtle Beach Police Department

Read full opinion

July 6, 2001

Opinion concerning the appropriate traffic charges when out of state drivers are involved.

Requested by: Lieutenant John M. Hall, City of Travelers Rest Police Department

Read full opinion

July 5, 2001

Opinion concerning the legality of a county council’s proposal to change the boundaries of a fire district.

Requested by: The Honorable Dozier M. Munn, Mayor, Town of Pamplico

Read full opinion

July 3, 2001

Opinion “concerning the disposition of seized or abandoned property that is in the custody of our police department.”

Requested by: Jackie F. Brothers, Patrol Lieutenant, Police Department, City of West Columbia

Read full opinion

June 27, 2001

Opinion regarding the application of the ex post facto clauses of the South Carolina and U.S. Constitutions to the recent increase in the fee for the Alcohol and Drug Safety Awareness Program (ADSAP) pursuant to amendments to S.C. Code Ann. § 56-5-2990.

Requested by: Karl G. Rouse, Law Clerk, South Carolina Department of Alcohol and Other Drug Abuse Services

Read full opinion

June 25, 2001

Opinion concerning the liability of a county for the contractual obligations of “an entity developed under state law but managed and controlled by the county through its ordinance.”

Requested by: G. Hubbard Smalls, Chief of Staff/ General Counsel, S.C. Department of Alcohol and Other Drug Abuse Services

Read full opinion

June 25, 2001

Opinion regarding the disposal of bodies of indigent individuals.

Requested by: The Honorable Verna Moore, Coroner, Sumter County

Read full opinion

June 22, 2001

Opinion concerning if, under South Carolina Law, Spartanburg County is required to grant a pro-rata refund of county video poker license fees for the period between the date the operation of video poker machines became illegal and the license expiration date.

Requested by: Edwin C. Haskell, III, Esquire

Read full opinion

June 21, 2001

Opinion concerning whether a dual office holding situation exists if a current member of the Allendale County School District Board is appointed magistrate for Allendale County.

Requested by: Heather Lea Simmons, County Administrator, Allendale County

Read full summary

June 21, 2001

Opinion concerning the filling of a vacancy in the office of the sheriff.

Requested by: The Honorable John M. Knotts, Jr., Member, House of Representatives

Read full opinion

June 19, 2001

Opinion concerning the disposition of certain real property under the terms of a will.

Requested by: The Honorable Edwin M. Davis, Chesterfield County Probate Judge

Read full opinion

June 7, 2001

Opinion asking whether you are legally required as a Board member to receive approval from the Superintendent of the School District or from the District Office before you can visit a school in your district.

Requested by: Dr. Britt Blackwell, Member, Rock Hill School District

Read full opinion

June 5, 2001

Opinion regarding the sentencing authority of municipal court judges.

Requested by: H. Spencer King, Esq.

Read full opinion

May 31, 2001

Opinion concerning an interpretation of South Carolina Code of Laws Section 6-29-760(A) which clarifies the role of the Planning Commission in reviewing any changes made by County Council before enacting a zoning regulation.

Requested by: William R. Sims, Esquire

Read full opinion

May 30, 2001

Opinion “on [South Carolina Code Ann. §] 38-53-100(D) which concerns fees on Professional and Surety bondsmen licenses when they are filed with the Clerk of Court.”

Requested by: The Honorable Mark Hammond, Clerk of Court

Read full opinion

May 23, 2001

Opinion concerning the procedure for securing the forfeiture of property/money pursuant to S.C. Code Ann. §44-53-520 when the defendant cannot be located.

Requested by: Mr. Louis M. Nelson, Sr., Chester County Sheriff’s Office

Read full opinion

May 22, 2001

Opinion regarding State Law 16-11-700, which makes littering a criminal offense, and addressing the question of whether “this law can be enforced even when an officer isn’t present to view it.”

Requested by: John Mullins, City Manager

Read full opinion

May 22, 2001

Opinion regarding the applicability of the Freedom of Information Act to parole voting decisions.

Requested by: The Honorable Glenn F. McConnell, Member, South Carolina Senate

Read full opinion

May 22, 2001

Opinion concerning “whether simultaneous membership on the Charleston County Board of Zoning Appeals and employment as the Planning Director for the Town of Hollywood, South Carolina violates § 6-29-780(B) of the South Carolina Local Government Comprehensive Planning Act of 1994.”

Requested by: Mr. Joseph Dawson, III, Esq.

Read full opinion

May 21, 2001

Opinion concerning “whether or not [§22-3-1000 as amended] repealed by implication Sections 18-3-30 and 14-25-95,” all of which refer to the appeals process.

Requested by: M. Joyce Marshall, Staff Attorney, South Carolina Court Administration

Read full opinion

May 17, 2001

Opinion offering guidance in regards to mutual aid agreements among law enforcement agencies.

Requested by: Captain Richard D. Abney, Aiken County Department of Public Safety

Read full opinion

May 16, 2001

Opinion concerning South Carolina’s voter registration and election laws. Specifically, the opinion addresses the notifications the Board of Elections and Voter Registration is required to issue every voter as Beaufort County undergoes the redistricting process.

Requested by: Ms. Agnes M. Garvin, Executive Director, Beaufort County Board of Elections and Voter Registration

Read full opinion

May 15, 2001

Opinion concerning dissemination of information related to persons required to register pursuant to S.C. Code Ann. §23-3-400 et seq. (Sex offender registry).

Requested by: The Honorable Harry M. Hallman, Jr., Mayor, Town of Mount Pleasant

Read full opinion

May 8, 2001

Opinion concerning whether a dual office holding situation exists if a member of the Horry County Planning Commission and the South Carolina State Board for Technical and Comprehensive Education.

Requested by: Mr. John L. Weaver, III, Esquire

Read full opinion

May 4, 2001

Opinion concerning the application of S.C. Code Ann. § 17-5-310 to a “20-plus week old fetus.” Specifically, the opinion addresses the need to secure a permit for cremation.

Requested by: The Honorable Jim Burnett, Coroner, Spartanburg County

Read full opinion

May 2, 2001

Opinion concerning the receipt of donated funds by the Blythewood Fire Department.

Requested by: Bradley T. Ferrar, Deputy County Attorney, County of Richland

Read full opinion

April 27, 2001

Opinion on a “Beaufort County statute…that states that no dog shall be left unattended in a vehicle.”

Requested by: Lieutenant Scott Johnson, Beaufort County Sheriff’s Office

Read full opinion

April 27, 2001

Opinion concerning the Greenville County School District and its authority to increase the millage rate after a referendum of the voters. Asking specifically whether the question presented to the voters would authorize a “one time” increase of the additional millage or “if the referendum would have the effect of changing the limit to 13 mils from the current 4 mils that the Board enjoys.”

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

Read full opinion

April 23, 2001

Opinion concerning “whether or not a municipality can dismiss a charge and keep the court cost.”

Requested by: Roger P. Roy, Jr., Esquire

Read full opinion

April 20, 2001

Opinion “regarding vehicle seizures for SC code section 56-5-6240.” Specifically addressing the “need to determine if police officers should seize a vehicle if the driver has been convicted of Driving Under Suspension 3rd offense and has one or more charge for DUS pending.”

Requested by: Sergeant James B. Arnold, Jr.

Read full opinion

April 18, 2001

Opinion concerning a municipality’s authority to acquire property owned by a county.

Requested by: The Honorable Harry M. Hallman, Jr., Mayor, Town of Mount Pleasant

Read full opinion

April 18, 2001

Opinion regarding the referendum for Sunday alcohol sales.

Requested by: James S. Gibson, Jr., Esquire

Read full opinion

April 17, 2001

Opinion “regarding whether or not South Carolina Code of Laws, Section 16-23-465 prohibits the carrying of a concealed weapon upon the premises of a business which sells alcoholic beverages for on-premise consumption by an individual possessing a valid Concealed Weapons Permit issued pursuant to South Carolina Code of Laws, Section 23-31-215.”

Requested by: The Honorable Robert M. Stewart, Chief, South Carolina Law Enforcement Division

Read full opinion

April 11, 2001

Opinion concerning a veterans affairs officer asking if the officer “would be considered a county employee so that a decision to continue his county compensation beyond the 45 days of paid military leave pursuant to Section 8-7-90 turns on policies and procedures of the county government or, in the alternatives, whether a county legislative delegation has the authority to determine whether to continue this county compensation beyond the 45 days of paid military leave.”

Requested by: The Honorable Alfred B. Robinson, Jr., Member, House of Representatives

Read full opinion

April 10, 2001

Opinion asking for clarification of the Farm Animals and Research Facilities Protection Act and the Animal Fighting and Baiting Act as they apply to local cockfighters in the Aiken County area claiming they may “test” their birds against each other.

Requested by: Major Jody P. Rowland, Aiken County Sheriff’s Office

Read full opinion

April 9, 2001

Opinion concerning the inspection of school district facilities by local county inspection officials.

Requested by: Bradley T. Farrar, Deputy County Attorney, County of Richland

Read full opinion

April 4, 2001

Opinion requesting clarification of the statutes pertaining to the registration of mortgage loan brokers, S.C. Code Ann 40-58-10, et seq (2001).

Requested by: The Honorable Andre Bauer, Member, South Carolina Senate

Read full opinion

March 28, 2001

Opinion concerning the eligibility of employees of the S.C. Midlands EMS Management Association for participation in the state health dental insurance plan.

Requested by: Chris K. Cothran, Executive Director, SC Midlands Emergency Medical Service Management Association

Read full opinion

March 27, 2001

Opinion concerning whether “an employee of a technical college [would] be eligible to serve on the Area Commission for Technical Education.”

Requested by: The Honorable Glenn F. McConnell, Member, South Carolina Senate

Read full opinion

March 26, 2001

Opinion concerning whether a dual office holding situation exists if  the Chairman of Clarendon County Council simultaneously serves as a member of the State Board of Registration for Foresters.

Requested by: Mr. Dwight L. Stewart, Jr.

Read full opinion

March 23, 2001

Opinion concerning South Carolina Code Section 5-7-155 and its application to the municipalities of North Myrtle Beach and Atlantic Beach.

Requested by: Benjamin P. Mustian, Esq.

Read full opinion

March 20, 2001

Opinion concerning “whether passage of [H.3903] would result in a loss to the State of federal Title X family planning funds.”

Requested by: The Honorable George E. Campsen, Member, House of Representatives

Read full opinion

March 15, 2001

Opinion concerning whether the Department of Natural Resources has the authority to suspend a commissioner of a local Soil, Water Conservation District.

Requested by: Susan S. Quinn, Assistant Chief Counsel, South Carolina Department of Natural Resources

Read full opinion

March 14, 2001

Opinion “regarding whether ‘Domino Pete’ or similar gaming devices would be prohibited by S.C. Code of laws, Section 12-21-2710…and can the machine be confiscated and destroyed as provided in S.C. Code of laws, Section 16-19-120.’’

Requested by: Robert M. Stewart, Chief, South Carolina Law Enforcement Division

Read full opinion

March 13, 2001

Opinion addressing questions about the Patient’s Compensation Fund. Specifically, whether the Fund can contract for claims or services and use the funds in its restricted account, and whether the Fund must provide unlimited liability coverage to licensed health care providers who consent to limited coverage.

Requested by: Ms. Mary Ann West, Interim Executive Director, Patients’ Compensation Fund

Read full opinion

March 2, 2001

Opinion concerning the collection of costs incurred by the Town of Cheraw for the removal of abandoned dwellings.

Requested by: Mr. J. William Taylor, Cheraw Town Administrator

Read full opinion

February 28, 2001

Opinion concerning whether a dual office holding situation exists if a chairman of the Crosswell Fire District in Pickens County simultaneously serves as a full-time fire fighter for the City of Easley.

Requested by: G. Edward Welmaker, Esquire

Read full opinion

February 27, 2001

Opinion concerning whether a dual office holding situation exists if a member of Spartanburg County Council simultaneously serves as a member of the County Commission on Higher Education.

Requested by: The Honorable John D. Hawkins, Senator, District No. 12

Read full opinion

February 27, 2001

Opinion concerning whether a dual office holding situation exists if a Hampton County Council Chairman simultaneously serves as a member of the Department of Natural Resources Advisory Board.

Requested by: Lee S. Bowers, Esquire

Read full opinion

February 26, 2001

Opinion concerning a recent increase in rates for copies of drivers’ records.

Requested by: The Honorable Joe Wilson, Senator, District No. 23

Read full opinion

February 26, 2001

Opinion concerning “the legal steps necessary to declare residency on Pawley’s Island for purposes of obtaining a 4% rate.”

Requested by: The Honorable William L. Otis, Jr., Mayor, Town of Pawley’s Island

Read full opinion

February 26, 2001

Opinion concerning whether a dual office holding situation exists if a member of the Clemson University Police Department serves simultaneously as a town councilman.

Requested by: Mark H. Durham

Read full opinion

February 23, 2001

Opinion concerning weighted voting.

Requested by: The Honorable Joe Wilson, Senator, District No. 23

Read full opinion

February 22, 2001

Opinion asking for clarification regarding common law marriage.

Requested by: Ann McCarson, Victim Advocate

Read full opinion

February 22, 2001

Opinion “…seeking facts or opinions regarding the processing (formal booking/ finger printing) of persons who appear on what is referred to as ‘Warrant Day’ in my jurisdiction.”

Requested by: Shelton L. Hughes, Jr., Director, Clarendon County Correctional Center

Read full opinion

February 21, 2001

Opinion concerning the application of S.C. Code Ann. §§ 56-5-195 and 56-5-196.

Requested by: Richard L. Pearce, Esquire

Read full opinion

February 15, 2001

Opinion concerning the Freedom of Information Act and its application to the Chester County Economic Development Board.

Requested by: Milton E. Hamilton, Esquire

Read full opinion

February 14, 2001

Opinion concerning the Fiscal Year 2000-2001 Appropriations Act.

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

Read full opinion

February 12, 2001

Opinion referencing the application of S.C. Code Ann. § 24-13-210 (Credit given convicts for good behavior) to the “computation of time served by prisoners” for pretrial detention pursuant to S.C. Code Ann. § 24-13-40.

Requested by: Richard T. Dobeck, Jail Administrator, County of Greenville

Read full opinion

February 12, 2001

Opinion concerning South Carolina Code of Laws Section 50-25-1210 et seq., which provide for noise control requirements on Lake Wateree.

Requested by: Creighton B. Coleman, Member, House of Representatives

Read full opinion

February 9, 2001

Opinion concerning whether a dual office holding situation exists if a Greenville County Code Enforcement Officer simultaneously serves as a member of the City of Fountain Inn Construction Appeals Board.

Requested by: Peter P. Nomikos, Code Enforcement Administrator

Read full summary

February 9, 2001

Opinion concerning whether a dual office holding situation exists if a member of the South Carolina House of Representatives simultaneously  as a member of the South Carolina Economic Education Council.

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

Read full opinion

Febraury 7, 2001

Opinion concerning the investment of excess county funds.

Requested by: Jill Kintigh, Greenville County Treasurer

Read full opinion

February 5, 2001

Opinion concerning Act No. 298, which was passed by the General Assembly in May of  2000.

Requested by: Lisa Manini Sox, Director of Research, Senate Medical Affairs Committee

Read full opinion

February 2, 2001

Opinion concerning the Capital Project Sales Tax Act.

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

Read full opinion

January 26, 2001

Opinion on legal options available to law enforcement when an owner of certain property removes that property from the possession of another who holds some type of mechanic’s, artisan’s or repairman’s lien thereon.

Requested by: Captain Billy Brown, Lake City Police Department

Read full opinion

January 25, 2001

Opinion concerning an interpretation of an Anderson County ordinance. Specifically, asking which interpretation of the ordinance is correct: when positions are to be filled by County Council district appointment, can the Council affirm the appointment, or must the Council automatically accept the district appointment?

Requested by: Thomas L. Martin, Esquire

Read full opinion

January 24, 2001

Opinion as to whether you may record a satisfaction of a mortgage by a company that has executed an affidavit stating that it is the current mortgagee of the mortgage through assignments that are missing and unrecorded.

Requested by: The Honorable Janice M. Rearden, Register of Deeds, Sumter County

Read full opinion

January 24, 2001

Opinion concerning a constituent’s use of farm truck licenses on vehicles used for his poultry operations.

Requested by: The Honorable J. Gresham Barrett, Member, House of Representatives

Read full opinion

January 23, 2001

Opinion concerning whether a dual office holding situation exists if the Commissioner of the Dunklin Fire District simultaneously serves as the Fire Chief of the District.

Requested by: The Honorable Daniel L. Tripp, Member, House of Representatives

Read full opinion

January 22, 2001

Opinion addressing several questions regarding 56-5-6240.

Requested by: Robert W. Maring, Esquire

Read full opinion

January 22, 2001

Opinion concerning whether a dual office situation exists if the new mayor pro tempore simultaneously serves as a deputy coroner.

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

Read full opinion

January 19, 2001

Opinion concerning the scattering of cremated remains in a church courtyard.

Requested by: The Honorable Doug Smith, Member, House of Representatives

Read full opinion

January 17, 2001

Opinion asking whether a dual office-holding situation exists if a member of the Pickens County Aeronautics Commission serves simultaneously as an elected council member.

Requested by: G. Edward Welmaker, Esquire

Read full opinion

January 11, 2001

Opinion raising several questions related to the conduct of municipal courts.

Requested by: Christopher E.A. Barton, Senior City Solicitor, City of Rock Hill Solicitor’s Office

Read full opinion

January 10, 2001

Opinion concerning the Freedom of Information Act. Specifically asking whether the Freedom of Information Act requires disclosure of the full arrest record in the absence of an expungement or court order.

Requested by: The Honorable Mark Struthers McBride, Mayor, City of Myrtle Beach

Read full opinion

January 8, 2001

Opinion regarding the legality of a new game which is cropping up in ‘Lil Cricket stores in the Upstate and in Horry County. The game “Touch Easy Keno” is being sold to customers in the form of either the option to purchase time on the Internet or to play the game.

Requested by: The Honorable Robert M. Stewart, Chief, South Carolina Law Enforcement Division

Read full opinion

January 5, 2001

Opinion regarding the legality of a proposed change in structure and focus of the South Carolina Coastal Zone Management Appellate Panel.

Requested by: Mr. Beverly C. Snow, Jr., Vice Chairman, South Carolina Coastal Zone Management Appellate Panel

Read full opinion

January 2, 2001

Opinion “concerning the law of South Carolina on possession and consumption of alcoholic drinks on vessels.”

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

Read full opinion

January 2, 2001

Opinion on the use of credit card by a county for small purchases. Specifically, asking if Aiken County can legally enact an ordinance to enter into such a contract for county purchasing card.

Requested by: Robert M. Bell, Esquire

Read full opinion

Schedule a Tour or Visit

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

image description
Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

Room 519 | Columbia, S.C. 29201

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

Back to top