2004 Opinions

December 31, 2004

Opinion concerning the clarification of Act No. 289 of 2004. Specifically, concerning the waiver from the Continuing Professional Education requirement found in Section 42-2-250.

Requested by: The Honorable Brian White, Member, House of Representatives

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December 30, 2004

Opinion regarding South Carolina’s seatbelt law.

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

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December 17, 2004

Opinion regarding the meaning of the word “month” as contained in S.C. Code Ann. Section 12-51-90 for purposes of computation of the twelve month redemption period required thereby.

Requested by: The Honorable Mary Louise Parham, Dillon County Treasurer and Tax Collector

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December 16, 2004

Opinion concerning “the standing of commissioners serving on the Columbia Metropolitan Airport Commission.”

Requested by: The Honorable Edward H. Pitts, Jr., Member, House of Representatives

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December 16, 2004

Opinion questioning whether a municipal police department and a clerk/treasurer’s office are permitted to share information between them for official business purposes and the enforcement of codes.

Requested by: Mr. Gregory S. Krabbe, City Ordinance Inspector, City of Seneca, Office of Clerk/Treasurer

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December 15, 2004

Opinion “as to the legality of the State’s paying off the defaulted New Ellenton sewer system bonds.”

Requested by: The Honorable James E. Stewart, Jr., Member, House of Representatives

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December 15, 2004

Opinion dealing with dual office holding. Specifically, whether holding a position on a county election commission simultaneously with a position on the board of directors for the Wil Lou Gray Opportunity School would be considered dual office holding under the State Constitution.

Requested by: The Honorable Harvey S. Peeler, Jr., Member, SC Senate

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December 15, 2004

Opinion questioning whether Laurens County Council has the authority to amend Ordinance No. 147 of 1982, so as to change the nomination process and length of terms for Board members and to establish a Board of seven members, one each to be nominated from the seven single member districts in the County.

Requested by: A. Cruickshanks, IV, Esquire

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December 15, 2004

Opinion questioning whether the Commission may exercise an option to hold meeting every other month or once a quarter when the business of the agency does not require monthly meetings.

Requested by: Dr. Nell C. Carney, Commissioner, South Carolina Commission for the Blind

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December 13, 2004

Opinion referenced the provisions of S.C. Code Ann. § 10-1-165. Specifically, concerning the propriety of the City of North Augusta’s attempted actions.

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

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December 13, 2004

Opinion questioning whether the Board must respond within the same 120 days as the State Recognition Committee or may the Board take the matter under consideration and make their final decision at a further date.

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

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December 8, 2004

Opinion questioning whether “the Agency is permitted to undertake the proposed financing without State approval”, if “Under State law, can the proposed bonds be issued without the approval of the State Budget and Control Board” and “Will the proposed transaction impinge on the sovereignty of the State?”.

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

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December 8, 2004

Opinion questioning the effect of Section 2(B) of Act No. 295 of 2004, which changed the scheduled New Year’s Day state holiday observance from Friday, December 31, 2004 to Monday January 3, 2005 on S.C. Code Ann. § 15-39-680 (Supp. 2003) as it relates to judicial sales.

Requested by: Robert L. McCurdy, Esquire

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December 6, 2004

Opinion questioning whether law enforcement can arrest the defendant for violation of a condition of the bond that was imposed inasmuch as they have knowledge of such conviction.

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

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December 2, 2004

Opinion questioning whether County animal control officers can use a uniform traffic ticket to cite for violations.

Requested by: Major Samuel White, Hampton County Sheriff’s Office

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November 24, 2004

Opinion regarding “as to whether Riverbanks Zoo and Garden is primarily an educational institution.”

Requested by: Palmer E. Krantz, Executive Director, Riverbanks Zoo and Garden

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November 22, 2004

Opinion requesting as to whether S.C. Code Ann. 38-5-80(k) gives the Director of Insurance the authority to permit insurers interested in redomesticating or becoming licensed as a South Carolina domestic insurer to maintain its offices or principal operations outside the State of South Carolina.

Requested by: Gwen Fuller McGriff, Deputy Director and General Counsel, S.C. Dept. of Insurance

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November 19, 2004

Opinion questioning whether low-speed vehicles can be operated on South Carolina roads and whether the Department of Motor Vehicles is authorized to register and license low-speed vehicles.

Requested by: Marcia S. Adams, Executive Director, Department of Motor Vehicles

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November 18, 2004

Opinion regarding Florence County imposing by ordinance a thirty dollar road system maintenance fee which is collected throughout the year along with the payment of vehicle taxes. Specifically, the legality of the carryover of the surplus road system maintenance fee funds to the next fiscal year.

Requested by: Charlie J. Blake, Jr., Esquire

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November 15, 2004

Opinion asking for clarification of an opinion written to Representative Roland Smith dated September 21, 2004.

Requested by: Mack Underwood, Chief, Savannah River Site Law Enforcement Department

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November 15, 2004

Opinion regarding your agency seeking to utilize state seized drug funds that have been awarded to your agency for a law enforcement team that would focus their efforts on saturating identified drug problems in the City of Myrtle Beach.

Requested by: Investigator Amy S. Prock, Myrtle Beach Police Department

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November 15, 2004

Opinion questioning whether there are any State laws which would prohibit the purchase and use of the referenced machine by a retail minibottle account in conjunction with legally purchased minibottles.

Requested by: The Honorable John M. Knotts, Jr., Member, SC Senate

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November 15, 2004

Opinion questioning a particular individual’s eligibility to hold an elective office.

Requested by: H. Lloyd Howard, Esquire

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November 10, 2004

Opinion questioning portions of the General Appropriations Act – a proviso “which mandates for state employees and various public officials the subsistence rate as provided by the General Assembly.” As you indicate, “Part IB provisos from the 2004 Appropriations Act are effective for the July 2004 – June 2005 fiscal year, and supplant and supersede permanent law to the contrary.”

Requested by: The Honorable Thomas L. Moore, Member, SC Senate

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November 8, 2004

Opinion questioning “since a new form of government will be established, can the council set a salary for that position after the ordinance adopting the form of government is approved.”

Requested by: William E. Whitney, Jr., Esquire

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November 4, 2004

Opinion regarding the Spartanburg County Sheriff’s office having difficulty meeting with victims of crime at your local hospital and meeting resistance to the execution of search warrants at the hospital. Additionally, these problems relate to the provisions in the HIPAA Act.

Requested by: Derrick B. Bulsa, Esquire

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October 29, 2004

Opinion questioning the legality of provisions of proviso 33.6 of Act 248 of 2004, the appropriations act. Particularly questioning whether such provisions conflicts with the Unfair Trade Practices Act or Section 37-5-108 of the Consumer Protection Code.

Requested by: The Honorable David L. Thomas, Member, SC Senate

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October 28, 2004

Opinion referenced the situation involving a vehicle that was totaled by State Farm Insurance Company and deemed “nonrebuildable”. The vehicle was purchased at a public sale but the purchaser has been unable to obtain a title to the vehicle due to its classification as “nonrebuildable”.

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

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October 27, 2004

Opinion questioning whether the South Carolina Association of Public Charter Schools (SCAPCS) is required to comply with this State’s Freedom of Information Act (“FOIA”) as set forth by S.C. Code Ann. Sections 30-4-10 et seq. (Supp. 2003).

Requested by: W. Fred Crawford, Principal, Greenville Technical Charter High School

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October 22, 2004

Opinion regarding “the efforts of the Hunley Commission and the Friends of the Hunley in the ongoing conservation of the Hunley…”

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

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October 22, 2004

Opinion on issues regarding the Hunley Commission.

Requested by: Mr. John Crangle, Executive Director, Common Cause of South Carolina

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October 20, 2004

Opinion regarding the status of the offense of unlawful use of the telephone, as to whether it was a misdemeanor or felony offense, as to an individual convicted of such offense in 1988.

Requested by: H. Lloyd Howard, Esquire

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October 15, 2004

Opinion questioning whether the Anderson County Board of Education has the authority to operate the Anderson County Alternative School or does that authority belong to the Anderson County school districts.

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

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October 15, 2004

Opinion questioning the authority of law enforcement officers and private security guards to issue uniform traffic tickets for motor vehicle violations which are not hazardous moving violations in private communities in your county.

Requested by: The Honorable P. J. Tanner, Sheriff, Beaufort County

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October 15, 2004

Opinion asking several question regarding charter schools and referring to statute section 50-40-70(D).

Requested by: The Honorable Larry K. Grooms, Member, SC Senate

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October 15, 2004

Opinion raised a question regarding the licensing requirements for an auctioneer in this State to conduct a real estate auction. Specifically, whether both an auctioneer’s license and a real estate license, either as agent or broker, is required to conduct an auction on a piece of real estate.

Requested by: The Honorable Jeffrey D. Duncan, Member, House of Representatives

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October 15, 2004

Opinion questioning whether you, as County Treasurer for Horry County, are considered as holding a state position or a county position.

Requested by: The Honorable Johnny C. Allen, Horry County Treasurer

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October 7, 2004

Opinion regarding “relief options” which might be available involving a situation where “non-committee members are attending meetings [of committees appointed by Mt. Pleasant Town Council], sitting with the committee and participating therewith (no voting) on a regular basis.”

Requested by: R. Allen young, Esquire

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October 7, 2004

Opinion concerning whether lottery proceeds may be used to restore partially some of the previous reductions in the budget of the Department of Alcohol and Other Drug Abuse Services (DAODAS).

Requested by: The Honorable Mark Sanford, Governor, State of South Carolina

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October 4, 2004

Opinion asking several questions raised by the St. Helena Elementary School Improvement Council.

Requested by: The Honorable Catherine Ceips, Member, House of Representatives

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October 1, 2004

Opinion is sought “as to the legality of using these methods of procurement for school building construction.”

Requested by: The Honorable Inez M. Tenenbaum, State Superintendent of Education

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September 29, 2004

Opinion regarding a State agency’s authority to enter into indemnification agreements, and whether the opinion would be changed by the addition of the language, “so far as the laws of the State permit.”

Requested by: Wayne F. Rush, Esquire

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September 28, 2004

Opinion referenced the situation involving the Palmetto Dunes Resort on Hilton Head Island. Specifically, regarding S.C. Code Ann. Section 56-5-6310 subjecting the roadways to the jurisdiction of the State Uniform Act Regulating Traffic.

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

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October 27, 2004

Opinion questioning the definition of “greenbelt” in association with the upcoming referendum election on the ½ cent sale tax issue which is to be held pursuant to the provisions of S.C. Code Ann. Sections 4-37-10 et seq.

Requested by: R. Allen Young, Esquire

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September 21, 2004

Opinion concerning dual office holding. Specifically, whether someone who is employed with Wackenhut Services at the Savannah River nuclear facilities could continue to hold a law enforcement commission as a Burnettown police officer.

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

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September 16, 2004

Opinion questioning whether the Anderson County Council is authorized to adopt an ordinance requiring that the Anderson County Auditor send two separate tax notices to Anderson County residents, one for county operations and one for school operations.

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

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September 13, 2004

Opinion asking whether provisions of newly-amended S.C. Code Ann. Section 56-5-5630 requires an additional search for the name and address of any owner or lienholder as set forth in Section 29-15-`0 before an article is sold for purposes of that provision.

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

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September 13, 2004

Opinion “as to the upcoming referendum in Charleston County for a sales tax ordinance and the ballot question to be used in the referendum.”

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

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September 8, 2004

Opinion asking, at what point of time is an individual’s driver’s license suspended for driving under the influence, the date of conviction or the date he receives written notice of the suspension.

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

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August 31, 2004

Opinion regarding the school crime incident report form which is forwarded to the Attorney General’s Office.

Requested by: Keith A. Sherlin, SC School for the Deaf and Blind

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August 31, 2004

Opinion questioning whether in circumstances where the wrong section number is cited on the citation, can a magistrate dismiss the charge if the defendant points out the incorrect code citation even if the description of the offense is correct.

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

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August 31, 2004

Opinion referencing the implementation of Worthless Check Units in solicitor’s offices which result from a provision in the 2004-2005 General Appropriations bill.

Requested by: The Honorable Edward H. Overcash, Jr., Associate Chief Judge, Spartanburg Magistrate Court

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August 31, 2004

Opinion questioning whether it is permitted in light of S.C. Code Ann. Section 33-1-103 (Supp. 2003), for a non-employee of a business to represent that business before a magistrate and receive compensation.

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

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August 26, 2004

Opinion providing certain information relative to the deadline of an election.

Requested by: The Honorable H. B. Limehouse, Chairman, Charleston County Legislative Delegation

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August 24, 2004

Opinion raising questions arising from the federal indictment of Agriculture Commissioner Charles R. Sharpe. Specifically, rights to compensation and related benefits during the suspension period and the right of any interim successor to the same during the period he or she serves in an interim capacity.

Requested by: The Honorable Richard Eckstrom, Comptroller General, State of South Carolina

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August 24, 2004

Opinion regarding the Port Royal Railroad right of way. Specifically, questions concerning possible violations of the State Ethics Act with regard to activity by Beaufort County.

Requested by: The Honorable Catherine C. Ceips, Member, House of Representatives

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August 20, 2004

Opinion regarding the sales tax referendum for Charleston County which is being held pursuant to S. C. Code Ann. Sections 4-37-10 et seq. (Supp. 2003). Specifically, concerning certain language in Governor Sanford’s Executive Order regarding the Sales Tax referendum which orders a new election imposes additional duties, responsibilities and authority on the Board of Elections and Voter Registration regarding the ballot question.

Requested by: Samuel W. Howell, IV, Esquire

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August 20, 2004

Opinion referencing that by statute a coroner is required to maintain a “Book of Inquisitions”. Specifically, questioning whether such book must be maintained as a physical paper record or may these records be kept in electronic form in the coroner’s computer data base.

Requested by: The Honorable Robert C. Haythorn, Interim Coroner of Aiken County

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August 18, 2004

Opinion questioning the method by which the Town of Kiawah Island may change from simultaneously elected two year terms of office to four year staggered terms.

Requested by: Dennis J. Rhoad, Esquire

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August 17, 2004

Opinion requesting an interpretation of S.C. Code Ann. Section 40-59-300 (Supp. 2003). Specifically, questioning whether a Habitat for Humanity home is transferred “without consideration” for purposes of Section 40-59-300.

Requested by: Kelly F. Zier, Esquire

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August 17, 2004

Opinion referencing the situation where law enforcement officers are arresting and transporting individuals to jail based upon information that the person is wanted in another jurisdiction where no warrant is in the officer’s possession.

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

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August 17, 2004

Opinion regarding S.C. Code Ann. Section 12-45-300 (2000).

Requested by: The Honorable Johnny C. Allen, Horry County Treasurer

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August 10, 2004

Opinion asking whether the Town of Hilton Head may use revenue from temporary alcoholic liquor permits to pay principal and interest payments on land acquired before the law was passed.

Requested by: Gregory D. DeLoach, Esquire

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August 10, 2004

Opinion questioning as to whether Mrs. Patsy Towery, Director, Center for Special Programs and Community Education at Midlands Technical College may serve on the State Auctioneers’ Commission.

Requested by: Randall Bryant, Assistant Deputy Director, South Carolina Department of Labor, Licensing & Regulation

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August 10, 2004

Opinion questioning whether individuals who have been evaluated and determined to be mentally ill or mentally retarded and ordered committed to a state mental health facility for in patient care or treatment may be placed in jail for safekeeping.

Requested by: Mary C. Ammons, LPN, Detention Center Nurse, Marion County Detention Center and W. T. Johnson, Major, Director of Detention, Marion County Detention Center

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August 10, 2004

Opinion regarding the practice of a private company adding fees to delinquent fines they are trying to collect.

Requested by: The Honorable B.G. Alderman Jr., Chief Magistrate, Clarendon County

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August 9, 2004

Opinion regarding the statutory procedure for a change in the form of municipal government, found in S.C. Code Section 5-5-10 et seq.

Requested by: William E. Whitney, Jr., Esquire

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August 4, 2004

Opinion concerning the mandate of the federal Help America Vote Act (HAVA) which enumerates certain requirements for future voting systems. Specifically, “whether Title III, Section 15481, (a)(2)(B) of the HAVA Act requires that all voting machines must produce a paper record of the vote cast by each voter that has been seen and verified by the voter.”

Requested by: The Honorable Joseph H. Neal, Member, House of Representatives

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August 2, 2004

Opinion asking whether an individual who is hired as a faculty employee at MUSC, but who is not granted tenure status, remains in the category of a classified employee.

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

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July 28, 2004

Opinion questioning the authority of an out of state company that assists magistrates courts to collect on unpaid tickets.

Requested by: The Honorable Mark E. English, Chief Magistrate, Newberry County

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July 12, 2004

Opinion questioning whether Spartanburg Regional Health Services District, Inc. (“SRHS”) may sell, transfer, convey or otherwise dispose of B.J. Workman Memorial Hospital without notification to, the prior approval or consent of, or review by the Attorney General’s office.

Requested by: The Honorable Glenn Reese, Member, SC Senate

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July 12, 2004

Opinion questioning whether a mortgage that has been cancelled of record by an attorney’s mortgage lien satisfaction affidavit may again appear as an open mortgage by means of a corrective affidavit.

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

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July 12, 2004

Opinion regarding S.C. Code Ann. Sections 61-4-90 and 61-4-50 (Supp. 2003).

Requested by: The Honorable A. W. Flynn, Chief Magistrate

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July 12, 2004

Opinion questioning whether a St. Paul’s Fire District Commission member who is also a volunteer firefighter with the SPFD and has several paid employee-firefighter family members may vote on matters before the Commission. Specifically, personnel policies and employee salaries, and participate in the appellate review of firefighters’ grievances with violating any provision of the State Ethics Act.

Requested by: John Alston, Jr., Chairman, St. Paul’s Fire District

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July 9, 2004

Opinion concerning dual office holding. Specifically, whether a Town Administrator in Charleston County can also be appointed as a member of the Charleston County Election Commission.

Requested by: R. Allen Young, Esquire

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July 1, 2004

Opinion clarifying the applicability of South Carolina Code Section 38-71-440 to the State Medicaid reimbursement plan for eye-care services.

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

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July 1, 2004

Opinion questioning a local ordinance which makes the possession of drug paraphernalia unlawful.

Requested by: Dale H. Edwards, Chief, Bowman Police Department

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July 1, 2004

Opinion involving the situation in which a person alleging that he is the father of a child takes that child from possession of the child’s mother, who is the child’s legal custodian, and refuses to return the child.

Requested by: The Honorable Ricky W. Chastain, Sheriff, Laurens County

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July 1, 2004

Opinion regarding a Superior Courts Judge for the Augusta Georgia Judicial Circuit performing a marriage ceremony in Aiken, South Carolina on April 7, 2004.

Requested by: The Honorable Carl C. Brown, Jr., Judge Superior Courts, Augusta Judicial Circuit

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June 28, 2004

Opinion questioning whether there is any penalty provision for a violation of S.C. Code Ann. Section 56-5-1240 (1991).

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

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June 28, 2004

Opinion questioning the legality of operating an all terrain vehicle on public highways in this State.

Requested by: The Honorable Rex F. Rice, Member, House of Representatives

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June 28, 2004

Opinion referencing the problem of children riding gasoline and electric powered scooters in your area.

Requested by: Captain Tim Foster, Spartanburg County Sheriff’s Office

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June 23, 2004

Opinion concerning raffles.

Requested by: The Honorable Becky D. Richardson, Member, House of Representatives

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June 16, 2004

Opinion concerning dual office holding, specifically asking whether membership on the Municipal, County, and State Committees violate that rule.

Requested by: Gregory D. DeLoach, Esquire

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June 15, 2004

Opinion concerning “whether or not a person’s Social Security number or alien identification number is a prerequisite to the issuance of a marriage license under § 20-1-220, Code of Laws of South Carolina, 1976, as amended.”

Requested by: The Honorable Debora A. Faulkner, Probate Judge, Greenville County

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June 11, 2004

Opinion questioning whether a juvenile who is placed on five years probation for a class A sexual abuse misdemeanor, must register pursuant to the South Carolina Sex Offender Registry Act, S.C. Code Ann. Sections 23-3-400 et seq.

Requested by: Bill Byars, Director, South Carolina Department of Juvenile Justice

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June 7, 2004

Opinion concerning dual office holding, specifically whether the Register of Deeds for Horry County, who is appointed by Horry County Council, may be appointed by the Legislative Delegation to the Horry County Social Services Board without violating the rule.

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

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June 7, 2004

Opinion “whether the requirements for mandatory retirement age of 72 years applies to associate probate judges such that an associate judge would be required to retire upon reaching 72.”

Requested by: The Honorable A. Victor Rawl, Judge

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June 7, 2004

Opinion as to the meaning of “political management” as used in S.C. Code Ann. Section 7-13-75 (Supp. 2003).

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

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June 7, 2004

Opinion concerning dual office holding, whether you can be on the Aiken County Council and have employment with the state government.

Requested by: Ms. Gwendolyn Conner

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June 7, 2004

Opinion concerning dual office holding. Specifically, whether you can simultaneously serve as the Executive Director of the Sumter County Commission on Alcohol and Drug Abuse (SCCADA) and serve on the Sumter County Council.

Requested by: Eugene R. Baten, Executive Director, Sumter County Commission on Alcohol and Drug Abuse

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June 2, 2004

Opinion questioning a situation where a clerk of court is filling the position of probate judge pursuant to S.C. Code Ann. Section 14-23-60(1977), is the clerk of court entitled to his regular salary as clerk of court as well as that of the probate judge during the time he is fulfilling the duties of both offices.

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

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May 27, 2004

Opinion regarding the appointment of members to the Dorchester County Vocational Education Board of Trustees, in the context of the constitutional provisions relating to dual office holding.

Requested by: The Honorable Greg H. Bailey; The Honorable Annette D. Young; The Honorable Robert W. Harrell, Jr.; The Honorable Converse A. Chellis, III, Members, House of Representatives

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May 25, 2004

Opinion questioning whether the Goose Creek High School Band Booster Club is obligated to operate under South Carolina Nonprofit Corporation Act of 1994 which is codified as S.C. Code Ann. Sections 33-31-101 et seq. (Supp 2003).

Requested by: The Honorable William C. Mescher, Member, SC Senate

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May 25, 2004

Opinion concerning the authority of the State Election Commission (SEC) to procure the implementation of a Uniform Statewide Voting System for South Carolina.

Requested by: The Honorable John M. Knotts, Jr.; The Honorable Greg Gregory, Members, SC Senate

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May 21, 2004

Opinion concerning dual office holding. Specifically, whether a council member for the Town of Blacksville may be appointed to the Barnwell County Economic Development Board without violating the provisions on dual office holding.

Requested by: James D. Mosteller, Esquire

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May 21, 2004

Opinion concerning dual office holding. Specifically, if a maintenance worker for the town of Olar that was elected to the Olar Town Council is in violation of the dual office holding provisions.

Requested by: The Honorable Brenda Bessinger, Mayor, Town of Olar

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May 20, 2004

Opinion regarding the Capital Project Sales Tax Act codified as S.C. Code Ann. Sections 4-10-300 (Supp. 2003).

Requested by: Stephen G. Riley, Town Manager, Town of Hilton Head Island

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May 19, 2004

Opinion questioning the computation of “good time” for the purpose of reduction of sentences and early release of offenders.

Requested by: The Honorable Robert F. Williams, Jr., Magistrate, Fairfield County

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May 13, 2004

Opinion referencing S.C. Code Ann. Section 7-11-50 (Supp. 2003), and asking what constitutes “business reasons” as used by a candidate for office who withdraws his candidacy pursuant to such provision.

Requested by: The Honorable Jeffrey D. Duncan, Member, House of Representatives

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May 12, 2004

Opinion referencing S.C. Code Ann. Section 20-1-20 (1985), and questioning who can conduct a marriage ceremony in South Carolina.

Requested by: The Honorable J. Phil Gilbert, United States District Courthouse

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May 6, 2004

Opinion concerning “preneed” funeral contracts, particularly in regards to the sale and delivery of caskets.

Requested by: The Honorable William E. Sandifer, III, Assistant Majority Leader, South Carolina House of Representatives

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May 5, 2004

Opinion concerning the State Medicaid reimbursement plan for eye-care services, specifically in the context of S.C. Code Ann. Section 38-71-440.

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

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May 3, 2004

Opinion “regarding the status of the Board of Trustees of Richland Memorial Hospital.”

Requested by: Robert M. Kerr, Director, SC Department of Health and Human Services

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April 30, 2004

Opinion clarifying the statutory requirements for the de-titling of manufactured homes, found in Section 56-19-510 of the South Carolina Code.

Requested by: The Honorable Bill Cotty, Member, House of Representatives

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April 29, 2004

Opinion concerning dual office holding, whether a current member of the Mount Pleasant Town Council can be appointed as a Commissioner of Pilotage for the Port of Charleston.

Requested by: R. Allen Young, Esquire

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April 29, 2004

Opinion concerning the State Medicaid reimbursement plan for optometry services in South Carolina.

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

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April 23, 2004

Opinion questioning whether the Board of Voter Registration and Elections for Charleston County is required to print and mail new voter registration cards to all registered voters in the County as a result solely of the creation of district lines for new County Council districts where no change of ward or precinct boundaries is involved.

Requested by: Samuel W. Howell, IV, Esquire

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April 22, 2004

Opinion requesting an interpretation of S.C. Code Ann. Sections 56-3-115 (Supp. 2003) pertaining to golf carts and their operation on public highways.

Requested by: Donald L. Wilcox, Chief of Police, City of Hanahan Police Department

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April 21, 2004

Opinion regarding the residency requirements for a candidate for Charleston County Council District 7.

Requested by: Samuel W. Howell, IV, Esquire

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April 21, 2004

Opinion regarding the residency requirements for a candidate for Charleston County Council.

Requested by: The Honorable John Hawkins, Member, SC Senate

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April 20, 2004

Opinion questioning whether an individual my concurrently serve on both the Abbeville County Memorial Hospital Board of Trustees and as a member of the Abbeville County School Board of Trustees, without violating dual office holding prohibited by the State’s Constitution.

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

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April 20, 2004

Opinion asking whether the governing body of a county may by ordinance allow a taxpayer to elect to pay ad valorem taxes on real property located in a county in monthly installments rather than quarterly installments.

Requested by: The Honorable James E. Smith, Jr., Member, House of Representatives

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April 20, 2004

Opinion questioning whether a Deputy County Administrator can run for state Senate without violating the constitutional provisions on dual office holding.

Requested by: The Honorable Maggie W. Glover, Member, SC Senate

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April 20, 2004

Opinion regarding the authority of a circuit solicitor to control the disposition of cases in municipal court through admittance to the pretrial intervention program in his or her office.

Requested by: Kimberly V. Barr, Esquire

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April 16, 2004

Opinion concerning the 1993 Settlement between the State and the Catawba Indian Nation. Such questions asked were regarding: video poker devices, and the South Carolina Education Lottery.

Requested by: The Honorable Glenn F. McConnell, Chairman, Senate Judiciary Committee; The Honorable Herb Kirsh; The Honorable James H. Harrison; The Honorable Becky D. Richardson; The Honorable Bessie A. Moody-Lawrence; The Honorable J. Gary Simrill, Members, House of Representatives

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April 9, 2004

Opinion concerning dual office holding with serving as a member of the Town of Dillon Board of Architectural Review and serving on the Marion-Dillon County Disabilities and Special Needs Board.

Requested by: Mr. Don Barclay, Town of Dillon Board of Architectural Review

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April 1, 2004

Opinion regarding an issue that recently came before the Williamsburg County School Board of Trustees’ meeting. Specifically, questioning whether the matter is to be treated as a point for reconsideration pursuant to Rule 36 or a renewal of a motion pursuant to Rule 38 of Roberts’ Rules of Order.

Requested by: Helen T. McFadden, Esquire

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March 30, 2004

Opinion regarding the prohibitions of S.C. Code Ann. Section 40-45-110(A)(1).

Requested by: The Honorable Daniel B. Verdin, III; The Honorable Ronnie W. Cromer, Members, SC Senate

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March 30, 2004

Opinion questioning whether police officers may ticket drivers pursuant to Winnsboro city ordinance 7-2001 for playing a car radio too loud.

Requested by: The Honorable Faye Johnson, Municipal Judge, Town of Winnsboro

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March 30, 2004

Opinion regarding S.C. Code Ann. Section 29-5-110 (Supp. 2003) and requirements regarding witnesses or acknowledgment of probate.

Requested by: The Honorable Elaine Bozman, Deputy Register Mesne Conveyance

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March 26, 2004

Opinion regarding the collection of municipal cleanup fees and costs such as those established by S.C. Code Ann. Sections 5-7-80 and 31-15-30.

Requested by: C. Anthony Harris, Jr., Esquire

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March 23, 2004

Opinion questioning as to whether a constituent would have to be licensed as a dealer in order to engage in subleasing spaces on leased property to third parties who would place vehicles on the property for sale.

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

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March 23, 2004

Opinion questioning as to whether an individual, presently a member of the Beaufort County Board of Elections and Registration, may serve on the Bluffton Public Safety Commission without violating the dual office holding provisions of the State Constitution.

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

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March 23, 2004

Opinion concerning Senate Bill S.975. And “if this bill is constitutionally legal in South Carolina and in interstate commerce laws.”

Requested by: The Honorable Ronnie W. Cromer, Member, SC Senate

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March 18, 2004

Opinion concerning dual office holding. Specifically, if simultaneously holding the positions of county council member and Public Utilities Director for the City of Lancaster would constitute dual office holding.

Requested by: Steve Willis, City Administrator, City of Lancaster

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March 18, 2004

Opinion regarding the authority of the South Carolina Veterans Trust Board to disburse trust funds through direct grants to individual veterans.

Requested by: William S. Biggs, Chairman, South Carolina Veterans Trust Board

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March 17, 2004

Opinion as to the status of a member of the Newberry County Board of Education who no longer lives in the district from which the member was elected.

Requested by: V. Keith Callicut, Ph.D., District Superintendent, Newberry County School District

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March 16, 2004

Opinion concerning the Oconee County Supervisor being indicted with three felony counts of embezzlement of public funds and one misdemeanor charge of misconduct in office, and if the county supervisor would be allowed to remain in office if acquitted of the felony charges but convicted of the misdemeanor or is a guilty verdict on the misdemeanor sufficient to constitute a violation subject to removal.

Requested by: The Honorable William E. Sandifer, III, Member, House of Representatives

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March 16, 2004

Opinion questioning as to whether a law firm announcement, mailed to doctors at the address they have chosen to be listed at in the medical board directory, would be commercial solicitation for a consumer product or service.

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

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March 10, 2004

Opinion regarding the roles and interrelation of the Abbeville County Council, the County Finance Director, and the County Treasurer.

Requested by: Judy F. Scott, Abbeville County Treasurer

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March 10, 2004

Opinion questioning whether local subdivision covenants can override placement of a satellite.

Requested by: The Honorable Lewis E. Pinson, Member, House of Representatives

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March 10, 2004

Opinion indicating that it is your information that an individual will be ticketed for parking in a handicapped space at the University of South Carolina even if that individual has a handicap tag posted within the vehicle. Specifically, clarification of the handicapped parking law in this State.

Requested by: The Honorable John M. Knotts, Jr., Member, SC Senate

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March 3, 2004

Opinion concerning dual office holding. Specifically, if simultaneously holding the positions of Beaufort County Deputy Sheriff and Sheldon Township Fire District Commissioner would violate the dual office holding provisions of the South Carolina Code.

Requested by: The Honorable P.J. Tanner, Beaufort County Sheriff

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February 26, 2004 follow-up

Opinion asking whether an off-duty officer responding to a distress call must respond in uniform and drive a marked vehicle.

Requested by: Thomas M. Boulware, Esquire

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February 24, 2004

Opinion referenced provisions of the State law dealing with animals implanted with a microchip, which brings up S.C. Code Ann. Section 47-3-55. Specifically, questioning whether the information contained on the microchip is controlling as regards the ownership of the animal and whether this section provides any penalty for a person or entity that does not notify the owner of an animal prior to its destruction.

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

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February 24, 2004

Opinion concerning S.C. Code Ann. Section 59-63-70.

Requested by: The Honorable Dwight A. Loftis, Member, House of Representatives

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February 24, 2004

Opinion regarding funds accruing to the South Carolina Conservation Bank.

Requested by: Marvin N. Davant, Executive Director, South Carolina Conservation Bank

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February 24, 2004

Opinion concerning dual office holding. Specifically, whether serving on the Beaufort County Solid Waste and Recycling Board, as a member appointed by the Beaufort County Council and being appointed by the Governor as a commissioner for the Lady’s Island-St. Helena Fire District violates this provision.

Requested by: Mr. Gordon R. Bowers, Beaufort County Solid Waste and Recycling Board

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February 23, 2004

Opinion “concerning County Council’s authority over a State Judicial Circuit Solicitor’s Pre-trail Intervention Program’s funds.”

Requested by: The Honorable Donald V. Myers, Solicitor, Eleventh Judicial Circuit

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February 20, 2004

Opinion “regarding proposed changes to the governance structure of the Charleston County School District…” Specifically, whether legislation would “jeopardixe in any way, the ‘unitary status’ and thereby “lead to a reanalysis by the federal courts of whether the structure and actions of the Charleston County School District violates any equal protection rights, or any other constitutional or statutory rights?”

Requested by: The Honorable Ben A. Hagood, Jr., Member, House of Representatives

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February 19, 2004

Opinion questioning whether Morgan Stanley can continue to bid on government bonds (school, state, etc.) and continue to distribute, sell and manage the sale of such bonds when one of their licensed financial advisers is running for election to the State House of Representatives.

Requested by: The Honorable Bill Cotty, Member, House of Representatives

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February 18, 2004

Opinion regarding the applicability of Hawkins v. Bruno Yacht Sales, 353 S.C. 31, 577 S.E.2d 202 (2003), to delinquent tax sales conducted in 2002 by the Delinquent Tax Collector for Newberry County.

Requested by: Gary T. Pope, Esquire

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February 6, 2004

Opinion questioning whether the Spartanburg Humane Society may require that a microchip be implanted in redeemed dogs at the owner’s expense.

Requested by: Mr. Don Arnold, Spartanburg County Environmental Enforcement

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February 9, 2004

Opinion “…on involuntary commitments (Title 44 of the South Carolina Code of Laws) and the role of Law Enforcement in the transfer to State mental health facilities of persons currently admitted to a local hospital and/or currently receiving care (‘not admitted’) at a local hospital.”

Requested by: Mr. C. Talmadge Tobias, Jr., Sumter City Manager

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February 9, 2004

Opinion asking whether “the Priest-penitent privilege referred to in Sections 19-11-90 and 20-7-550 extend[s] to all clergy?”

Requested by: The Honorable Larry A. Martin, Member, SC Senate

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February 9, 2004

Opinion concerning dual office holding. Specifically, serving as a reserve police officer and having a job as a full-time hospital security guard.

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

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February 5, 2004

Opinion questioning whether the certification by the Department of Archives and History for state income tax credits for rehabilitation expenses on certified historic residential structures pursuant to S.C. Code Ann. § 12-6-3535(B)(2002) must be obtained prior to commencement of the work.

Requested by: Dr. Rodger Stroup, State Historic Preservation Officer, SC Department of Archives and History

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February 5, 2004

Opinion asking whether serving as the coroner for Colleton County and serving as the director of Colleton County EMS would violate the dual office holding provision.

Requested by: The Honorable Richard M. Harvey, Colleton County Coroner

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February 4, 2004

Opinion questioning whether “disciplinary actions taken by the, in this case, police department are subject to open copying of that form by the press?”

Requested by: Donald Wilcox, Chief, Hanahan Police Department

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February 4, 2004

Opinion regarding S.C. Code Ann. Section 17-13-45 (2003).

Requested by: Thomas M. Boulware, Esquire

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January 29, 2004

Opinion regarding bail bondsmen going off a bond.

Requested by: The Honorable Ralph E. Putnam, Senior Administrative Judge, City of Greenville, Municipal Court

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January 29, 2004

Opinion questioning whether a state constable employed by a county clerk of court for the purpose of providing service of process in certain cases can drive a vehicle equipped with a blue light.

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

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January 29, 2004

Opinion regarding whether pharmacists in South Carolina are authorized to perform cholesterol testing.

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

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January 28, 2004

Opinion “in reference to a question concerning dual employment.” Specifically, can a State of South Carolina Transport Police Officer, also be able to teach driving defense courses at Florence Darlington Technical College on a contract basis?”

Requested by: The Honorable Maggie W. Glover, Member, SC Senate

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January 27, 2004

Opinion regarding a possible dual office holding situation where a current Commissioner was “hired by Charleston County as the Director of Elections and Voter Registration.”

Requested by: Cheryll N. Woods-Flowers, Chair, Charleston County Park and Recreation Commission

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January 22, 2004

Opinion concerning the legality of poker tournaments in South Carolina.

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

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January 21, 2004

Opinion regarding expungement orders.

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

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January 21, 2004

Opinion questioning whether there are any State statutes addressing a situation where the operator of a motor vehicle leaves a highway and travels onto private property thereby damaging personal property, such as a flower garden, porches or swings.

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

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January 21, 2004

Opinion submitting the fiscal year 2004-05 provisos for the Attorney General’s Office.

Requested by: The Honorable Harry B. “Chip” Limehouse, III, Chairman; The Honorable Gilda Cobb-Hunter; The Honorable James G. McGee, III, Ways and Means Criminal Justice Subcommittee

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January 20, 2004

Opinion questioning whether the Abbeville County Legislative Delegation has the authority under a multi-county water district to recommend or appoint members of the Authority Board.

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

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January 20, 2004

Opinion regarding Laurens County Ordinance No. 574 and questioning a provision which states that “(a)n appointee…(to the Planning Commission).. may reside in the unincorporated areas of the county or in an incorporated area which does not have an existing Planning Commission in place.”

Requested by: Ernest B. Segars, Laurens County Administrator

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January 15, 2004

Opinion regarding the expenditure of the Water Recreational Resources Fund (the Fund), which is administered by the Department of Natural Resources (DNR).

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

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January 13, 2004

Opinion concerning whether a county treasurer may withhold a tax receipt until the entire outstanding balance owed to the county, including the cost of demolition of a dwelling that is demolished pursuant to county ordinance and state statue, is paid.

Requested by: Jonathan M. Robinson, Esquire

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January 12, 2004

Opinion referencing that an annexation petition was previously presented to the Bluffton town council pursuant to the twenty-five percent elector petition/ election method. And specifically questioning whether the same petition can be presented a second time.

Requested by: Terry A. Finger, Esquire

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January 9, 2004

Opinion questioning whether a particular concurrent resolution grants State recognition to the organizations named therein.

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

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January 7, 2004

Opinion concerning the applicability of the public purpose doctrine. Specifically, questioning the propriety of the following actions under South Carolina law.

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

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January 7, 2004

Opinion questioning whether a member of the Migratory Waterfowl Committee (“the Committee”), which was incorporated into the Department of Natural Resources (DNR) in 1993, would hold an office for purposes of the constitutional provisions against dual office holding.

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

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January 7, 2004

Opinion “as to the meaning of the term ‘clergy’ as it is used by S.C. Code § 20-7-510.” Specifically, if the term “clergy”, as used in the foregoing provision, “includes lay pastors, deacons, elders and/or others who do pastoral counseling.”

Requested by: Dorothy J. Killian, Esquire

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January 7, 2004

Opinion asking about the applicability of S.C. Code Ann. § 11-35-3245 (Supp. 2002) of the Consolidated Procurement Code to the design-bid-build process for construction of school facilities.

Requested by: Mr. TEC Dowling, Superintendent, Fort Mill School District No. 4

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January 6, 2004

Opinion regarding the county jail housing municipal prisoners.

Requested by: William D. Traber, Chief of Police, Easley Police Department

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January 6, 2004

Opinion inquiring as to what offenses can be cited on a uniform traffic ticket.

Requested by: Deputy Glenn R. Kufen, Jr., Georgetown County Sheriff’s Office

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January 5, 2004

Opinion referenced the situation involving defendants who fail to complete a pretrial intervention program (PTI) and questioned how these cases are handled when returned to the municipal court for prosecution.

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January 5, 2004

Opinion questioning whether a process server employed by the clerk of court’s office can use a blue light on his vehicle.

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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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