2002 Opinions

December 30, 2002

Opinion concerning the law of possession of a controlled substance. Specifically, posing a hypothetical question, asking whether or not it would constitute possession of a controlled substance under S.C. Code Ann. § 44-53-370 and 44-53-445.

Requested by: Mr. Keith A. Sherlin, Public Safety Director and State Constable, S.C. School for the Deaf and Blind

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December 27, 2002

Opinion asking as to whether a person who serves simultaneously as a magistrate’s constable and a Reserve Police Officer for the City of Chesnee is dual office holding in contravention of the South Carolina Constitution.

Requested by: Mr. Chadwick Hutchins

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December 20, 2002

Opinion concerning the following questions as they relate to S.C. Code Ann. §23-20-30, the “Law Enforcement Assistance and Support Act.”

Requested by: Richard V. Woods, Chief of Police, Ridgeland Police Department

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December 20, 2002

Opinion regarding the State Board of Education’s adoption of a uniform start date(s) for public schools.

Requested by: The Honorable Ronald P. Townsend, Chairman, Anderson County Legislative Delegation

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December 17, 2002

Opinion as to whether a “member of our Union County Fair Board [who is] …appointed to Union County Election Commission” may simultaneously hold both positions without contravention of the dual office holding provision of the South Carolina Constitution.

Requested by: William F. James, Chairman, Union County Agricultural Fair Association

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December 11, 2002

Opinion concerning the investment policy of the Emerald Center Multi-County Disabilities & Special Needs Board.

Requested by: Bob Drake, Finance Director, Emerald Center

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December 11, 2002

Opinion superseding the Informal Opinion dated November 3, 2000. Specifically, “whether a certified copy of a power of attorney, certified by the register of deeds office from another county or state, is recordable.”

Requested by: J. Terry Laws, Esquire

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December 10, 2002

Opinion asking whether in light of the recent amendments to S.C. Code § 2-15-120, the Audit Council can disclose “records that are not confidential at their source after they become records of the Audit Council?”

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

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December 10, 2002

Opinion asking if simultaneously sitting on the Spartanburg County Library Board of Trustees as Treasurer and being appointed to the Spartanburg Planning Commission, constitutes dual office holding for purposes of the South Carolina Constitution.

Requested by: Mr. Robert P. Richardson

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December 5, 2002

Opinion regarding “the use of the ‘Tax Sale’ overage funds when other taxes are due and payable to the county.”

Requested by: Mr. William O. Rowell, Treasurer of Lexington County

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December 3, 2002

Opinion asking as to whether your “accepting a seat on South Carolina’s newly formed Conservation Voters of South Carolina volunteer board” while also serving on the South Carolina Consumer Affairs Commission would constitute dual office holding in contravention of the South Carolina Constitution.

Requested by: Barbara B. League

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November 27, 2002

Opinion concerning the duties of a city manager in a Council/Manager form of municipal government. Specifically asking, “[c]an the authority and responsibility of the city manager be expanded or limited?”

Requested by: The Honorable Judith G. Tesla, Mayor Pro Tem, City of Tega Cay

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November 19, 2002

Opinion regarding “whether an appointment to the GLEAMNS Human Resources Commission, Inc. along with an appointment to the Greenwood Metro Board (Water District) is considered dual office holding.”

Requested by: Joseph D. Patton, Executive Director, GLEAMNS Human Resources Commission, Inc.

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November 18, 2002

Opinion regarding the functioning of the Workers’ Compensation Commission.

Requested by: The Honorable Sherry Shealy Martschink, Commissioner, SC Workers’ Compensation Commission

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November 12, 2002

Opinion regarding the eligibility of employees of ATC Vancom and TCT for participation in the South Carolina Retirement Systems.

Requested by: Edwin E. Evans, General Counsel, State Budget and Control Board

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November 7, 2002

Opinion “…as to whether the State or the Federal regulations regarding charges for medical records takes precedence in South Carolina.” This opinion deals with S.C. Code Ann. § 42-15-95.

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

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November 6, 2002

Opinion regarding the constitutionality of R-425, a “bill that was passed by the General Assembly that only applies to Lexington County.”

Requested by: Jeff M. Anderson, Esquire, Lexington County Attorney

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October 31, 2002

Opinion asking does the Ladies Island/St. Helena Fire District have the power of condemnation pursuant to the provisions of Section 6-11-130 even though this power is not specifically addressed in the Act creating this district?

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

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October 31, 2002

Opinion noting that the City of Columbia as well as other large cities in South Carolina are “concerned about our ability to police traffic in our municipalities.” “Pressed to do more with fewer resources,” you are exploring the idea of “automated traffic enforcement.” Specifically asking, can we proceed statutorily or is this question a constitutional one?

Requested by: The Honorable Robert D. Coble, Mayor, City of Columbia

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October 29, 2002

Opinion “regarding a statute that has been twice amended but continues to bring conflicting interpretation.”

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

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October 28, 2002

Opinion requesting “…the opinion of the SC Attorney General on the maximum time limitation that a municipal court judge can impose conditions on suspended sentences.”

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

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October 21, 2002

Opinion asking the following questions: [i]f [Worker’s Compensation] commissioners have the statutory authority to employ court reporters to work “at his pleasure”, can the board by policy or any other means restrict a commissioner’s authority to employ and retain court reporters; and since each commissioner operates his or her office, are two employees in each commissioner’s office subject to agency RIFs?

Requested by: The Honorable Sherry Shealy Martschink, Commissioner, SC Worker’s Compensation Commission

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October 17, 2002

Opinion asking us to outline the applicable federal and state law governing the payment of inmates who perform “certain service work for private sector entities at wage levels below the federal minimum wage.”

Requested by: The Honorable Mike Fair, Chairman, Corrections & Penology Committee, The Senate of South Carolina

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October 15, 2002

Opinion relating to the S.C. Code Ann. §16-25-10. Specifically, “whether or not 2 brothers fighting in the home is CDV or Assault?”

Requested by: Ms. Michelle S. Peahuff, Victim Advocate, Union County

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October 15, 2002

Opinion asking is there any existing South Carolina state statute or Attorney General’s opinion that outlines how to dispose of unclaimed inmate funds left at county jails when inmates are discharged and never come back to claim their money; and can a county create an ordinance to set up a procedure to dispose of the unclaimed inmate funds?

Requested by: Tom Fox, Director of Detention, Horry County Sheriff’s Office

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October 9, 2002

Opinion “interpreting the time period an individual has to file a timely complaint under the Public Accommodations Act law.”

Requested by: Mr. Ralph H. Haile, South Carolina Human Affairs Commission

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October 4, 2002

Opinion concerning the following questions: Under S.C. Code § 56-5-6110 and § 56-5-6120, if a Police Officer issues a State of South Carolina Uniform Traffic Ticket for either code for a violation, must he issue the ticket in person to the violator, or can he give it to the driver or person operating the vehicle to give to the driver; and if a Police Officer issues a ticket for S.C. Code § 56-5-730 and the subject is convicted/found guilty, how many points are assessed on their driver’s license?

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

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October 4, 2002

Opinion concerning the application of S.C. Code Ann. § 34-11-60(e).

Requested by: The Honorable Kenneth H. Dover, Summary Court Judge, Inman Magistrate Court

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September 30, 2002

Opinion concerning the application of certain ordinances related to the collection and disposal of solid waste in Allendale County.

Requested by: The Honorable Lonnie Hosey, Member, House of Representatives

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September 26, 2002

Opinion concerning applications of the newly-enacted Family Privacy Protection Act of 2002.

Requested by: Ronald W. Urban, Chief Counsel for Revenue Litigation, Department of Revenue

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September 26, 2002

Opinion asking whether members of a volunteer fire department need a commercial driver’s license to operate an emergency vehicle.

Requested by: Earl A. Rodman, Modoc Volunteer Fire Department

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September 26, 2002

Opinion concerning the Elloree Water System Board of Commissioners (“Board”) and its disagreements with the Town of Elloree (“Town”).

Requested by: Charles L. Denniston, Commissioner, Town of Elloree Water System

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September 23, 2002

Opinion concerning the use of private property by the City of Union for the purpose of installing sewer lines.

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

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September 20, 2002

Opinion concerning whether serving in the House and on the governing Board of North Greenville College violates the dual office holding provision of the South Carolina Constitution.

Requested by: Mr. Joseph G. Mahaffey

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September 18, 2002

Opinion raising questions regarding the decision by the South Carolina Supreme Court in Stardancer Casino, Inc. v. Stewart, et al., 347 S.C. 377, 556 S.E.2d 357 (2001).

Requested by: The Honorable Mike Fair, Senator, District No. 6

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September 17, 2002

Opinion as to “whether Act 225 passed by the General Assembly this year prohibits the dissemination of real estate information to members of the public if that information is to be used for commercial purposes.”

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

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September 9, 2002

Opinion questioning the apparent “inconsistency in the 1965 act that was passed by the legislature creating the Dalzell Water District of Sumter County”, which created the water system which states that the delegation shall recommend only such persons as were nominated at a meeting of the residents of the service areas and the by-laws which have to be users.” Specifically asking, “[d]oes the act supersede the by-laws or because the board was given authority to create its by-laws do the by-laws control?”

Requested by: Kenneth R. Young, Esquire

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August 30, 2002

Opinion concerning the status of South Carolina’s laws requiring the appointment of legal counsel for indigent defendants in criminal matters.

Requested by: The Honorable Ralph Anderson, Senator, District No. 7

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August 29, 2002

Opinion as to the “proper interpretation of Proviso 22.6 of the Appropriations Act.”

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

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August 28, 2002

Opinion requesting that we “…investigate [a] particular [video game] machine and issue an opinion as to whether or not the machine is legal.”

Requested by: The Honorable John M. Knotts, Jr., Senator, District No. 23

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August 28, 2002

Opinion asking to “…issue an opinion that would provide the criteria for determining if a machine was an illegal game of chance as prohibited under S.C. Code Ann. § 12-21-2710.” Also “…address the issue of legality of awarding merchandise to a contestant or player if a machine is determined to be a game of skill versus a game of chance.”

Requested by: The Honorable James H. Harrison, Chairman, Judiciary Committee, South Carolina House of Representatives

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August 27, 2002

Opinion concerning several sections of the South Carolina Charter Schools Act of 1996, as recently amended, which you authored, “are being seriously misinterpreted” in such a manner that “will drastically slow down the entire application process for new charter schools in our state, in complete contravention of the spirit and intent of our amendments.”

Requested by: The Honorable Scott H. Richardson, Member, SC Senate

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August 26, 2002

Opinion regarding one of your constituents who “is actually in the Air Force Reserve and has been called to active duty, effective October 21, 2001 through October 20, 2002. He is an employee of the city of Spartanburg.” Specifically, whether or not the thirty days of paid leave is thirty workdays or the number of days he would have worked in thirty calendar days.

Requested by: The Honorable Phillip K. Sinclair, Member, House of Representatives

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August 19, 2002

Opinion “on the legality of Mount Pleasant non-committee councilmembers attending and participating in committee meetings.”

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

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August 19, 2002

Opinion regarding a potential dual office holding situation. Specifically, if a person continues to serve as a commissioner on the JWSC as a representative of the City of West Columbia and as a member of County Council in January of 2003. And if there is a “problem with a person serving on County Council while being employed as a municipality’s utilities director.”

Requested by: Jeff M. Anderson, Esquire, Lexington County Attorney

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August 16, 2002

Opinion concerning the referendum provisions of S.C. Code Ann. §§6-11-350. Specifically, “[i]n your opinion, is the wording submitted by the Metro Sewer Board proper… [and]… [i]f the wording remains as it was submitted and referendum passed, do you think that a legitimate challenge could be filed?”

Requested by: Constance G. Moody, Director, Voter Registration & Elections Office

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August 16, 2002

Opinion on three issues concerning a County Government’s authority to retain the services of certain professionals.

Requested by: The Honorable Frank Brafman, Chairman, Ad Hoc Legal Committee, Beaufort County Council

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August 2, 2002

Opinion asking as to when the term of Office commences for the Chesterfield County Clerk of Court.

Requested by: The Honorable Donald H. Holland, Member, S.C. Senate

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August 2, 2002

Opinion asking this Office to “….research the Codes regarding a Special Purpose District in Spartanburg County known as the Inman-Campobello Water District to determine if qualified electors residing in the district are permitted to petition the commission for the purpose of electing members to the board.”

Requested by: The Honorable G. Ralph Davenport, Jr., Member, House of Representatives

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August 2, 2002

Opinion concerning a vacancy which has occurred on the Summerville School District 2 Board of Trustees.

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

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July 26, 2002

Opinion regarding dual office holding, specifically serving on the Beaufort County Transportation Committee by appointment, and serving on the State Board for Technical and Comprehensive Education from the Second Congressional District.

Requested by: W. Brantley Harvey, Jr., Esquire, Harvey & Battey, PA

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July 25, 2002

Opinion asking whether a “Chess Challenge” video gaming machine determined to be illegal per se.

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

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July 25, 2002

Opinion concerning storage fees for impounded vehicles.

Requested by: Kathryn Deogburn, Charleston County Summary Clerk of Court, Summary Courts Administration

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July 25, 2002

Opinion asking two questions regarding this situation: first can an individual be employed in a dual capacity as a victims’ advocate and court clerk; and, second, may the clerk of court office be housed within the police department building?

Requested by: J. Scott Bannister, Chief of Police, Westminster Police Department

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July 24, 2002

Opinion regarding a new statute recently enacted, S.C. Code Ann. Sec. 17-5-535. Specifically, requesting “a written … opinion that clears us to use photographs and/or videos in appropriate training circumstances.”

Requested by: The Honorable Gary Watts, Richland County Coroner

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July 24, 2002

Opinion referencing that the “…Town of Summerville has been presented with a petition to conduct a referendum regarding the sale of alcoholic beverages on Sundays pursuant to Section 61-6-2010.” Specifically, should the referendum be placed on the ballot for the next statewide general election, county general election or municipal general election?

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

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July 22, 2002

Opinion requesting we review a prior opinion issued on October 4, 2001. Specifically, concerning the relationship of building codes and requirements for licensure for day care facilities.

Requested by: Robert O. Polk, CFPS, State Fire Marshal, South Carolina Department of Labor, Licensing and Regulation Division of Fire and Life Safety

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July 19, 2002

Opinion regarding the provisions the law offers regarding the arrest of persons while they are actually appearing in criminal or civil court. And the distinction between the arrests of persons appearing in various types of courts.

Requested by: Captain C.W. Cunningham, Greenville County Sheriff’s Office

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July 16, 2002

Opinion concerning the recent amendments to S.C. Code Ann. § 8-21-310. Specifically, clarification and guidance on this matter so that all the counties collect the proper fee on a uniform basis.

Requested by: Barbara J. Hahn, Administrative Assistant, Horry County Register of Deeds Office

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July 1, 2002

Opinion indicating that you “…need to know under what circumstances a Municipal Court Judge can issue a Restraining Order.”

Requested by: The Honorable Walter H. Sanders, Jr., Municipal Court Judge, Town of Fairfax

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June 27, 2002

Opinion asking “whether the St. Andrews Public Service District Commission, a local government employer, is barred or prohibited under any provision of the South Carolina Code Ann. from deducting association membership dues from an employee’s wages where the employee voluntarily requests such a deduction from his/her paycheck.”

Requested by: Paul Kemp, Commissioner, St. Andrews Public Service District Commission

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June 24, 2002

Opinion asking whether a Health Services District may legally make a political contribution to a State candidate or State political action committee; or whether a Health Services District may establish a separate segregate fund to be utilized for political purposes pursuant to U.S.C. § 441b(b)(2)(C).

Requested by: The Honorable Doug Smith, Speaker Pro Tempore, South Carolina House of Representatives

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June 17, 2002

Opinion concerning the legality of public safety checkpoints or roadblocks.

Requested by: Chief W. M. Roth, Lexington Police Department

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June 13, 2002

Opinion responding to “concerns that Lexington Richland School District Five has violated state law.” Specifically, whether a legislator is required to pay charges for information when carrying out their legislative duties.

Requested by: The Honorable Richard M. Quinn, Jr., Member, House of Representatives

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June 12, 2002

Opinion questioning: “can [the Cherokee Springs Fire District] put blue lights on our fire units?”

Requested by: Patrick S. Murray, Fire Chief, Cherokee Springs Fire District

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June 6, 2002

Opinion asking for the clarification between an opinion by the County Attorney and another by an individual Attorney for the Planning Commission. These opinions are regarding the Applicability of Horry County Ordinance 20-01 to the July 1, 2002 Reappointment of Planning Commission Members.

Requested by: The Honorable William David Witherspoon, Member, House of Representatives

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June 6, 2002

Opinion following-up to correspondence dated May 23, 2002, and April 10, 2002, concerning certificates of authorization in order to practice land surveying in South Carolina.

Requested by: Mr. Charles O’Quinn, Forester and Land Surveyor, Inc.

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June 6, 2002

Opinion regarding the scope of S.C. Code Ann. § 23-1-225. Specifically, “[d]oes the section allow for retirees to retain their assigned weapon alone? … [and] … are the rights and privileges in retired status the same as with other retirees?”

Requested by: Mr. William Kelly, Jr., South Carolina Forestry Commission

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June 4, 2002

Opinion requesting that this Office “issue an opinion as to whether or not Act [A]178 of 2002 is preempted by the Marine Mammal Protection Act (16 U.S.C. 1361 et seq.).”

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

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May 31, 2002

Opinion asking whether the Tourism Review Committee “has oversight authority over certain Accommodations Tax disbursements as outlined under Chapter 4 of Title 6.”

Requested by: Frans N. Mustert, Chairman, Tourism Expenditure Review Committee

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May 28, 2002

Opinion noting that “pursuant to 4-10-300 et seq. S.C. Code of Laws, as amended, Hampton County is seeking to conduct a referendum on the issue of whether to establish a $.01 sales tax for capital projects in the County.”

Requested by: A. G. Solomons, Jr., Esquire

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May 28, 2002

Opinion asking is it legal for a Municipality to contract with a School District to provide law enforcement services for a High School, which is approximately 1.5 miles outside the Corporate limits and if it were legal, would Municipal Police Officers have full Law Enforcement powers (arrest, citations & accident investigations, etc.)?

Requested by: Kenneth W. Arthur, Chief of Police, Pendleton Police Department

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May 24, 2002

Opinion requesting as to whether the Education Oversight Committee must give prior consent to standards and assessments adopted by the State Board of Education under S.C. Code Ann. § 59-18-320(D)(Supp. 2001) of the Education Accountability Act.

Requested by: The Honorable Mike Fair, Member, South Carolina Senate, The Honorable Thomas G. Keegan, Member, South Carolina House of Representatives, The Honorable William C. Mescher, Chairman, Senate General Committee

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May 23, 2002

Opinion indicating that you would like this Office’s “…analysis of the correct interpretation of S.C. 22-5-910 Expungement of Criminal Record’s…”

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

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May 22, 2002

Opinion questioning “If Jasper County owns the equipment that the fire district uses, should Jasper County be in control of how it is operated?”

Requested by: Mike Hodges, Director, Jasper County Emergency Services

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May 21, 2002

Opinion concerning a law enforcement officer’s discretion when determining whether to arrest pursuant to S.C. Code Ann. §16-25-70(B) in light of the fact that such section uses the phrase “must arrest.” You wish to know whether a police officer retains discretion in carrying out his or her duties pursuant to such section.

Requested by: The Honorable Rebecca Meacham-Richardson, Member, House of Representatives

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May 20, 2002

Opinion requesting that this Office “review and give an opinion as to whether Newberry County Council is encroaching on others’ rights?’

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

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May 17, 2002

Opinion requesting clarification regarding S.C. Code Ann. §16-17-430.

Requested by: The Honorable Jane Pittman Modla, Judge, Rock Hill Municipal Court

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May 16, 2002

Opinion indicating that “[t]he Office of the Attorney General issued two prior opinions [Ops. ATTY. Gen. Dated December 16, 1991 & August 9, 1985], regarding the effect, if any, of a pardon on an individual’s eligibility for admission to the Criminal Justice Academy for training and certification.”

Requested by: William R. Neill, Deputy Director, Criminal Justice Academy Division, South Carolina Department of Public Safety

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May 16, 2002

Opinion noting that it has come to your attention that state and county agencies may be disclosing information contained in the records of service of military veterans, otherwise known as DD Form 214.

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

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May 13, 2002

Opinion asking whether one serving on three separate boards would be dual office holding under the South Carolina Constitution.

Requested by: Greg Ohanesian, Esquire

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May 9, 2002

Opinion questioning whether “South Carolina Wildlife, particularly deer, belong to all citizens of our state, and, therefore must be permitted to roam free without being impounded by fences over which they are unable to jump?”

Requested by: The Honorable John Drummond, Senator, District No. 10, The Honorable Arthur Ravenel, Jr., Senator, District No. 34, The Honorable Glenn McConnell, Senator, District No. 41, The Honorable Phil Leventis, Senator, District No. 35, The Honorable John Kuhn, Senator, District No. 43, The Honorable Robert Waldrep, Senator, District No. 3, The Honorable John Courson, Senator, District No. 20

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May 9, 2002

Opinion asking whether it is legal for me as an elected official to pay bonuses to my employees in order to remunerate them for additional duties they perform as public employees, which duties are not part of their County job descriptions; and Can I, as Coroner, or Nurses who are employed by me and serve as Deputy Coroners, receive payments for articles we write for nursing magazines on the topic of forensic nursing if these articles are written outside of work, at times when we are not working for the County.

Requested by: The Honorable Susan J. Chewning, Coroner, Charleston County

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May 8, 2002

Opinion questioning the procedure the Anderson County Legislative Delegation may follow in its appointment of board members of public service districts pursuant to §§ 33-36-1310, et seq., specifically the procedures outlined in §33-36-1330(A).

Requested by: The Honorable Ronald P. Townsend, Member, House of Representatives

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May 7, 2002

Opinion indicating that the Spartanburg County Sheriff’s Office has enacted a program known as the “Pawn Shop Buy Back Program.”

Requested by: Sergeant Doug Smith, Spartanburg County Sheriff’s Office

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May 6, 2002

Opinion noting that you are considering running for County Council of Colleton County.

Requested by: Reverend Evon Robinson, Chairman, Colleton County School Board

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May 6, 2002

Opinion asking whether a member of a local tourism advisory committee also may serve on the State Tourism Expenditure Review Committee without violating the dual office holding provision of the South Carolina Constitution.

Requested by: Frans N. Mustert, Chairman, Tourism Expenditure Review Committee

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May 6, 2002

Opinion reviewing a request for an opinion received from one of your constituents.

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

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May 2, 2002

Opinion interpreting § 14-23-1040 of the South Carolina Code.

Requested by: Helen Ann S. Thrower, Staff Counsel, Labor, Commerce and Industry Committee, South Carolina House of Representatives

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May 2, 2002

Opinion asking “can attorneys be paid through a nonprofit organization to provide legal services to clients the organization serves?” Specifically, if S.C. Code Ann. §40-5-320, which prohibits a corporation from practicing law.

Requested by: The Honorable J. G. McGee, III, Member, House of Representatives

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April 30, 2002

Opinion concerning “[t]he Medical University if South Carolina (MUSC) as to its responsibilities for the present Area Health Consortium (AHEC) and its various programs.” Specifically, is MUSC legally responsible for funds appropriated by the Legislature for the benefit of AHEC which through MUSC, the programs and activities of AHEC, and its obligations or responsibilities for the oversight of other AHEC activities in assuring that the organization complies with its stated mission and goal.”

Requested by: Joseph C. Good, Jr., General Counsel, Medical University of South Carolina

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April 29, 2002

Opinion asking whether the Senior Planner of Mt. Pleasant holds an office for dual office holding purposes.

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

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April 26, 2002

Opinion requesting “clarification of S.C. Code § 2-15-61.” Specifically, if such provision states that Legislative Audit Council (LAC) staff members shall have access to records and facilities of state agencies to carry out its audit duties.

Requested by: Latonya Dilligard Edwards, Chief Counsel, South Carolina Commission for the Blind

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April 23, 2002

Opinion concerning the legality of a particular video game machine. Specifically, a game ‘Chess Challenge’ and they assume and are convinced that is perfectly legal…”

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

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April 22, 2002

Opinion regarding, “…the impact of a pardon upon an individual required to register as a sex offender.” Specifically, “in the light of the recent Court of Appeals Opinion in Brunson v. Stewart should the Sheriff require an individual currently registering as required by law to continue to register after receiving a pardon.”

Requested by: John W. Tate, General Counsel, Lexington County Sheriff’s Department

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April 17, 2002

Opinion on whether 25A S.C. Code Ann. Regulation 61-84, Section 2301.G constitutes discrimination against the disabled in violation of the federal Air Housing Act and the S.C. Carolina Fair Housing Law. Requested by Carlisle Roberts, Jr., General Counsel, South Carolina Department of Health and Environmental Control. Read full opinion.

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April 17, 2002

Opinion concerning the constitutionality of a particular exemption from collection of the sales tax. Specifically, if state law allows a sales tax exemption for non-profit corporations which sale religious materials is unconstitutional.

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

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April 8, 2002

Opinion concerning the interpretation of S.C. Code Ann. Section 14-17-210 which gives the Clerk of Court control of the Courthouse. Specifcally, if the Clerk’s authority applies “to the Circuit Court courtroom, petit jury room, etc., or could it be the entire courthouse?”

Requested by: The Honorable Harriett S. Pierce, Probate Judge, Kershaw County

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April 3, 2002

Opinion concerning the territorial jurisdiction of a municipal court. Specifically, the Town of Fort Law and the County of Chester are in the process of passing an ordinance to give the Fort Lawn Police Department Jurisdiction up to 3 miles outside the City limits.

Requested by: Richard L. Smith, Chief of Police, Fort Lawn Police Department

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April 2, 2002

Opinion asking whether one who holds the position of Director of Planning and Development for the Town of Mt. Pleasant and wished to serve on the Awandaw Town Council would be dual office holding.

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

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April 2, 2002

Opinion asking whether descendants of deceased persons have a right to visit and maintain family graves which are located on private land.

Requested by: Rodger E. Stroup, Ph.D., Director and State Historic Preservation Officer, S.C. Department of Archives and History.

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April 2, 2002

Opinion concerning “…elected officials playing the lottery or gambling outside of the State of South Carolina.”

Requested by: The Honorable George Addison, Mayor, Town of Cottageville

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March 29, 2002

Opinion concerning S.C. Code Ann. §6-11-1410 et seq.. Emergency Powers of Fire Districts. Specifically, in Spartanburg County as Emergency Organizations are in planning for the operation of a medical Transport Helicopter located in Greenville County and if only EMT-Paramedic personnel will be allowed to request the use of this helicopter.

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

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March 26, 2002

Opinion asking for clarification concerning whether the Freedom of Information Act precludes the disclosure of executive session discussions by a board member to a private organization or to a member of the public.

Requested by: Latonya Dilligard Edwards, Chief Counsel, South Carolina Commission for the Blind

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March 25, 2002

Opinion asking whether the General Assembly may, by statute, authorize South Carolina’s participation in multi-state lottery games.

Requested by: The Honorable Michael E. Easterday, Member, House of Representatives; The Honorable Dwight A. Loftis, Member, House of Representatives; The Honorable Robert W. Leach, Member, House of Representatives; The Honorable Glenn L. Hamilton, Member, House of Representatives; The Honorable Lewis R. Vaughn, Member, House of Representatives

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March 25, 2002

Opinion “…regarding proposed legislative changes to the statute of the South Carolina for Minority Affairs.” Specifically, “…requesting an opinion regarding adding language to our statute that authorizes our Board to issue ‘State Recognition’ to Native American organizations.”

Requested by: Janie A. Davis, Executive Director, South Carolina Commission for Minority Affairs

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March 21, 2002

Opinion regarding the legality of a “Customer Agreement” between DIRECTV, Inc. and a constituent. Specifically, when the “constituent received…the…agreement in the mail several months ago…[and the]…document appears to change the terms of the agreement without requiring the constituent to sign a new contract .”

Requested by: The Honorable Ronald P. Townsend, Member, House of Representatives

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March 14, 2002

Opinion regarding statute of limitations. Specifically, when a judgment is placed on a person’s estate as a result of a criminal action prior to his death, what is the statute of limitations on that judgment? Also, once that statute of limitations has run its course, can the same entity place the judgment against the entity a second time?

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

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March 12, 2002

Opinion asking whether the Family Education and Privacy Rights Law (20 U.S.C. § 1232(2)) [Buckley Amendment] prohibits an individual school board member from having access to student records, as distinguished from other records (such as financial records, personnel records) of the District.

Requested by: Dr. Phillip J. McDaniel, Superintendent, Rock Hill School District

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March 8, 2002

Opinion concerning the legality of a particular vending/video machine with a promotional play feature. Specifically, “whether of not FREESPIN® and FREEDRAW® Collectors Card Vending Machines with their Promotion Free Spin/Free Draw Game Feature are legal to operate in South Carolina.”

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

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March 6, 2002

Opinion whether South Carolina’s state and local law enforcement officers possess authority independently to enforce federal law concerning illegal immigrants.

Requested by: The Honorable Lanny E. Littlejohn, Member, House of Representatives

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Febuary 28, 2002

Opinion asking if the language added to the 2001 amendment to S.C. Code Ann. § 16-23-250 applies only to machine guns and military firearms or whether it also applies to sawed-off shotguns and rifles.

Requested by: Mr. David C. Lieberman, Department of the Treasury, Bureau of Alcohol, Tobacco & Firearms

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February 14, 2002

Opinion “concerning the application of S.C. Code §4-9-90 (1976, amended)…” to a situation created by the recent redistricting plan in Beaufort County. Specifically, does a councilman serve out his unexpired term representing the new District, District 11 when he was elected to represent District 10?

Required by: Kelly J. Golden, Esquire, Beaufort County Attorney’s Office

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February 13, 2002

Opinion asking “whether or not a spouse of an elected county council member and/or county council chairman can serve on either the county voter registration board or the county election commission.”

Requested by: The Honorable Bob Walker, Delegation Vice Chair, Spartanburg County Legislative Delegation

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February 7, 2002

Opinion concerning the application of the Administrative Procedures Act as it related to proposed regulations of a state agency. Specifically, whether regulations promulgated by a state agency containing substantive changes that were not “considered or discussed by pubic comment,” are required to be “refilled” and “processed as a new regulation.”

Requested by: The Honorable Phil P. Leventis, Senator, District No. 35

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February 5, 2002

Opinion regarding a proposed amendment to Myrtle Beach’s City ordinance related to the suspension or revocation of business licenses. Specifically, if the “proposed law could be construed as a local government’s attempt to enforce INS [Immigration and Naturalization Service] laws?”

Requested by: Thomas E. Ellenburg, Esquire, Myrtle Beach City Attorney

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February 4, 2002

Opinion on whether the display of the words “In God We Trust” in public schools violates the federal Constitution’s Establishment of Religion Clause. Requested by The Honorable Daniel L. Tripp, Member, South Carolina House of Representatives. Read full opinion.

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February 1, 2002

Opinion regarding the South Carolina Local Government Development Agreement Act.

Requested by: The Honorable Edie Rodgers, Member, House of Representatives

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January 30, 2002

Opinion concerning a regulation governing the operation of the State Farmers Markets which has been promulgated by the South Carolina Department of Agriculture.

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

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January 29, 2002

Opinion regarding the constitutionality of the Anderson County Board of Education as established by Act. No. 510, 1982 SC Acts 3420.

Requested by: The Honorable Ronald P. Townsend, Chairman, Anderson County Legislative Delegation

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January 25, 2002

Opinion asking whether …“to whom 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

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January 25, 2002

Opinion asking whether S. 793, the purpose of the Bill is to establish the 17th of September of each year as “Respect For Law Day” and require the public schools to create a curriculum towards that is constitutional.

Requested by: The Honorable John D. Hawkins, Member, South Carolina Senate

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January 23, 2002

Opinion asking if the Mayor the City of Spartanburg can simultaneously sever as Mayor of Spartanburg and as a member of the Education Oversight Committee violates the South Carolina’s Constitution prohibition against dual office holding.

Requested by: Jo Anne Anderson, Executive Director, Education Oversight Committee

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January 10, 2002

Opinion questioning the constitutionality of publishing outstanding arrest warrants on the internet.

Requested by: Jeffrey B. Moore, Executive Director, South Carolina Sheriff’s Association

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January 7, 2002

Opinion concerning Article XVII, Section 8 of the South Carolina Constitution and if the scope of the term “office of honor, trust of profit” prohibits “the governor, legislators, county and city council members, school board members, magistrates and judges from playing the lottery?”

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

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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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