2005 Opinions

December 22, 2005

Opinion questioning whether the state can regulate alcohol sales, such as time or day of sale, on a train whether it is moving or stopped.

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

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December 22, 2005

Opinion questioning where weapons may be fired in subdivisions.

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

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December 21, 2005

Opinion raising several questions regarding the duties of clerks of court and registers of deeds.

Requested by: The Honorable David Hamilton, Clerk of Court, York County

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December 20, 2005

Opinion regarding dual office holding. Specifically, whether there would be a violation of the dual office holding provision of the South Carolina Constitution for an individual to serve simultaneously as the Director of the Allendale County Department of Social Services and as a member on the Allendale County School Board.

Requested by: Ms. Lee E. Harley- Fitts

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December 13, 2005

Opinion questioning whether Union County Ordinance Section 2-204 is enforceable in its current form.

Requested by: Sammy G. Diamaduros, Esquire

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December 12, 2005

Opinion indicating that a question has arisen concerning the effect of a provision of Act No. 106 of 2005 on STOP formula grant awards received by the State.

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

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December 9, 2005

Opinion regarding the potential sale of a portion of the Bull Street property which has, for almost two hundred years, been the home of facilities of the Department of Mental Health.

Requested by: Frank W. Fusco, Executive Director, State Budget and Control Board

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December 8, 2005

Opinion raising questions regarding the Town of Mount Pleasant possibly changing its municipal election date.

Requested by: R. Allen Young, Esquire

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December 8, 2005

Opinion questioning whether if property is in the name of a child in a school district in which the child does not live, is the child exempt from paying tuition costs in order to attend that district’s schools.

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

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December 6, 2005

Opinion questioning the powers and authority of the Lake Wylie Marine Commission.

Requested by: The Honorable Ralph Norman, Member, House of Representatives

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December 2, 2005

Opinion concerning the legal authority of the Comptroller General with respect to action taken by him at the close of this past fiscal year.

Requested by: The Honorable Hugh K. Leatherman, Sr., Chairman, Senate Finance Committee

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December 1, 2005

Opinion raising questions regarding the Drycleaning Facility Restoration Trust Fund as set forth in S.C. Code Ann. §§ 44-56-410 et seq. Specifically, whether a dry cleaning establishment may discontinue participation in the trust fund.

Requested by: The Honorable Mike Fair, Member, SC Senate

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December 1, 2005

Opinion questioning the applicability of the words “as defined in local board policy” as used in the provision of S.C. Code Ann. § 59-24-60. Particularly, whether the referenced phrase modifies the entire provision or just that part of the phrase “his property”.

Requested by: Chief Charles E. McNair, Director of Public Safety, Cayce Department of Public Safety

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November 29, 2005

Opinion questioning whether Jasper County has two or four representatives on the board of the Beaufort- Jasper Water and Sewer Authority (hereinafter “the Authority”).

Requested by: The Honorable R. Thayer Rivers, Jr., Member, House of Representatives

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November 28, 2005

Opinion questioning who prosecutes a fraudulent check case when the solicitor will not.

Requested by: The Honorable Thomas Ed Taylor, Summary Court Judge

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November 28, 2005

Opinion regarding the eligibility of Mr. Glenn Anderson for in-state tuition at the University of South Carolina. Mr. Anderson is a Canadian citizen but has lived in South Carolina since April, 1998.

Requested by: The Honorable Chip Huggins, Member, House of Representatives

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November 23, 2005

Opinion referencing that an order has been received from a master in equity which states that “It is further ordered that the Clerk of Court for Greenville County satisfy of record that certain mortgage…”. Specifically, whether the order needs to specify the correct office or can the register of deeds comply with the order as written.

Requested by: The Honorable Timothy L. Nanney, Register of Deeds, County of Greenville

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November 22, 2005

Opinion questioning the applicability of S. C. Code Ann. § 40-5-310 to an out of state licensed attorney.

Requested by: Francis A. Humphries, Jr., Chief Deputy Solicitor, Fifteenth Judicial Circuit

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November 18, 2005

Opinion regarding the provision of S. C. Code Ann. § 8-3-150. Specifically, do county officials have any personal liability outside the bond regarding the duties of his office or for errors and omissions or does the county bond cover all liability?

Requested by: The Honorable Timothy L. Nanney, Register of Deeds, County of Greenville

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November 17, 2005

Opinion questioning whether a city administrator has the authority to suspend a municipal judge without pay in circumstances where a private citizen files a compliant with the Commission on Judicial Standards against the judge.

Requested by: The Honorable Johnnie C. Edwards, Municipal Judge, City of Chester

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November 9, 2005

Opinion questioning whether local law is effective giving the New Ellenton police department jurisdiction on the grounds of the New Ellenton Middle School.

Requested by: Kelly F. Zier, Esquire

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November 4, 2005

Opinion questioning the authority of the York City Council to extend its terms through an ordinance which would extend four council seats set to expire in April, 2006 for an additional eighteen months.

Requested by: The Honorable J. Edward Lee, Ph. D., Mayor, City of York

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November 2, 2005

Opinion asking whether purchasers of preneed funeral contracts that have suffered a covered loss may be reimbursed from the Preneed Funeral Loss Reimbursement Fund (“Fund”) when the death triggering the reimbursement claim occurred prior to the effective date of the enabling legislation.

Requested by: Louie A. Jacobs, Commissioner of Banking, Board of Financial Institutions

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November 2, 2005

Opinion questioning if seeking and holding the Richland County Council office while remaining an employee of the Department of Corrections violates dual office holding provisions.

Requested by: The Honorable Nathan Ballentine, Member, House of Representatives

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November 1, 2005

Opinion questioning the requirements for obtaining a commercial shellfish culture or mariculture permit.

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

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October 31, 2005

Opinion questioning the legality of recording deeds, mortgages or other land transactions by electronic means.

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

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October 31, 2005

Opinion questioning whether the Johnson Town Council is required to fill the vacancy for the period of time a councilman serves in Iraq and does the Town stop payments to the councilman and pay the replacement instead.

Requested by: Greg W. Anderson, Esquire

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October 21, 2005

Opinion regarding a continuing surplus in the Florence County Infrastructure Fund.

Requested by: The Honorable Dean Fowler, Jr., Florence County Treasurer

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October 14, 2005

Opinion questioning the authority of a probate judge in your county charging a $150.00 filing fee pursuant to S.C. Code Ann. § 8-21-770(11) for all petitions filed in estates in addition to the estate fee.

Requested by: Paul M. Fata, Esquire

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October 13, 2005

Opinion regarding a private entity leasing airport property for more or less than 25 years. Specifically, whether there have been “any changes and/or amendments to Title 55 addressing this issue?”

Requested by: Revé M. Richardson, Recording Secretary, Aeronautics Commission

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October 11, 2005

Opinion regarding dual office holding. Specifically, whether service on the Education and Economic Development Coordinating Council would constitute a violation.

Requested by: Henry J. White, Esquire

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October 11, 2005

Opinion concerning an opinion dated September 6, 2005 to the Georgetown County Attorney which dealt with the question of the authority of the Georgetown County Administrator over the employees of the Georgetown County Board of Elections and Registration (“the Board”). Specifically, the language in Act No. 591.

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

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October 11, 2005

Opinion questioning who has the authority to open or close a state highway that runs through the municipal boundaries of a city.

Requested by: The Honorable Dick Elliott, Member, SC Senate

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October 3, 2005

Opinion questioning the requirement of the payment of a filing fee when a case is transferred from the federal district court to the state circuit courts.

Requested by: DeShield Smith, Circuit Court Representative, South Carolina Court Adminstration

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October 3, 2005

Opinion questioning whether votes by relatives to hire other relatives on the board of trustees is a conflict of interest or violation of any nepotism provision.

Requested by: Reverend Calvin Morris, Constituent Board of Trustees

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October 3, 2005

Opinion questioning whether all of the monies seized and held by a police department before the final judgment of forfeiture are considered public trust funds which must be audited.

Requested by: The Honorable Alton McCollum, Mayor, City of Bamberg

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September 27, 2005

Opinion questioning whether a state health care facility, The Medical University of South Carolina, hereafter “MUSC”, has the authority to completely ban smoking anywhere on its grounds, to include hospital owned and leased buildings, thoroughfares, parking lots and vehicles parked on MUSC property.

Requested by: The Honorable Ralph E. Hoisington, Solicitor, Ninth Judicial Circuit

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September 26, 2005

Opinion regarding dual office holding. Specifically, as to whether an individual could serve simultaneously as the Anderson County Auditor and as a member on the board of directors for the Hammond Water District.

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

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September 26, 2005

Opinion raising questions regarding proposals for infrastructure projects that have been submitted to the State Research Centers of Economic Excellence Review Board, hereinafter “the Board”, by Clemson University and the Medical University of South Carolina.

Requested by: Benjamin T. Rook, Chairman, Review Board, S.C. Research Centers of Economic Excellence

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September 19, 2005

Opinion questioning as to whether the winner of a municipal election in dispute can be sworn in, or does the current council member retain office pending the appeal.

Requested by: Joseph A. Vasquez, Esquire

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September 16, 2005

Opinion questioning whether the practice of certain newspaper carriers distributing unsolicited newspapers and advertising circulars on driveways constitute “litter” within the meaning of S.C. Code Ann. § 16-11-700.

Requested by: Don H. Arnold, Director, Spartanburg County Environmental Enforcement Department

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September 15, 2005

Opinion questioning whether in enacting 2002 legislation (see: Acts. Nos. 466 and 468 of 2002) reapportioning the election districts in both parties were the school district lines themselves changed.

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

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September 14, 2005

Opinion regarding dual office holding. Specifically, whether an individual currently serving as a councilmember for the City of Hartsville could concurrently serve on the board of directors for Rubicon Counseling Center.

Requested by: Sherron L. Skipper, City Clerk, City of Hartsville

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September 12, 2005

Opinion questioning whether a city solicitor may enter into a “release dismissal” agreement with a defendant regarding charges pending before a municipal court.

Requested by: Christopher E. A. Barton, Esquire

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September 8, 2005

Opinion inquired as to whether it would be a violation of the dual office holding prohibition to serve simultaneously as Aiken City Attorney and a member of the Aiken County Commission on Higher Education.

Requested by: Gary H. Smith, III, Esquire

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September 8, 2005

Opinion regarding the applicability of the Lexington County 1% Sales Tax Option for Schools to businesses located outside the county limits.

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

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September 7, 2005

Opinion questioning whether a magistrate is authorized to dismiss a charge.

Requested by: The Honorable Thomas E. Taylor, Summary Court Judge

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September 6, 2005

Opinion questioning the authority, if any, of the Georgetown County Administrator over the employees of the Georgetown County Board of Elections and Registration and the Georgetown County Veteran’s Affairs Director or the Director’s subordinate.

Requested by: John M. Tolar, Esquire

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September 6, 2005

Opinion regarding dual office holding and conflict of interest. Specifically, whether it would violate the dual office holding provision of the South Carolina Constitution to serve simultaneously as a City Councilman for the City of Hardeeville and the Jasper County Planning and Zoning Coordinator.

Requested by: The Honorable Edward Moyd, City Councilman, City of Hardeeville

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August 31, 2005

Opinion questioning the legality of the imposition of a fee by a county governing body for the filing of a creditor’s claim against the estate of an deceased individual.

Requested by: The Honorable Sue H. Roe, Judge of Probate, Aiken County

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August 31, 2005

Opinion regarding alleged abuses in the auto glass industry by the insurance industry.

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

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August 31, 2005

Opinion questioning whether a defendant charged with criminal domestic violence, second offense, in magistrate’s court and an attorney filing a rule to show caase for the violation of an order of the protection in family court with reference to the same incident, can go forward or is proceeding on both a violation of the defendant’s fifth amendment double jeopardy rights.

Requested by: The Honorable Robert H. Benson, Sheriff, Chester County

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August 30, 2005

Opinion concerning the applicability of Article X, Section 11 of the South Carolina Constitution to the State of South Carolina.

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

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August 29, 2005

Opinion regarding dual office holding. Specifically, whether an individual serving as the Executive Director of the Lowcountry Regional Council of Governments and as a compensated secretary for the Walterboro-Colleton County Airport Commission may serve on the City Planning Commission without violating the dual office holding provision.

Requested by: E.R. McConnell, City Manager, City of Walterboro

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August 25, 2005

Opinion questioning whether an ordinance setting forth the procedures for a telephonic meeting may be enacted.

Requested by: Grant W. Duffield, City Manager, City of Tega Cay

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August 24, 2005

Opinion regarding the authority and responsibilities of a board of commissioners of public works.

Requested by: The Honorable Jane C. Singh, Chairman, Elloree Water System

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August 24, 2005

Opinion concerning the authority of the Water Commission of Elloree in relation to the authority of the Mayor and Town Council.

Requested by: John G. Felder, Esquire

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August 19, 2005

Opinion regarding a proposed ordinance that would prohibit the filling of privately owned lakes and ponds within the boundaries of a municipality.

Requested by: Chris Noury, Esquire

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August 17, 2005

Opinion regarding whether the service of your wife on the Spartanburg Regional Healthcare System Board of Directors (hereinafter “Board”) would be in conflict with your position of serving in the State House of Representatives.

Requested by: The Honorable Joe Mahaffey, Member, House of Representatives

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August 15, 2005

Opinion questioning whether a scrap metal company can buy a large amount of scrap metal from an individual who has a picture license issued by a foreign country and who is not a United States citizen.

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

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August 8, 2005

Opinion concerning “the legality of issuance of special source revenue bonds by Jasper County.”

Requested by: The Honorable Clementa Pinckney, Member, SC Senate

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August 5, 2005

Opinion as to whether or not the Sumter Legislative Delegation was allowed to use two undocumented proxy votes in a public hearing to replace Mr. Rudy Newman on the Central Carolina Technical College Board.

Requested by: Swati S. Patel, Chief Legal Counsel, Office of the Governor

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August 5, 2005

Opinion raising questions regarding the obligations of a municipality to its community, schools, day cares, businesses, etc. as to the presence of a registered sex offender who has moved into a community.

Requested by: Andy Benke, Town Administrator, Town of Sullivan’s Island

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August 2, 2005

Opinion “concerning whether the State Law Enforcement Division (SLED) should issue emergency regulations to carry out its new regulatory responsibilities under S.318, which became Act 77 of 2005.”

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

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July 29, 2005

Opinion referencing provisions of Section 56-5-170, asking whether animal control officers, county fire code officials, and building code officials can continue to use blue or red lights on their vehicles.

Requested by: Mark W. Tollison, Esquire

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July 29, 2005

Opinion questioning the legitimacy of foreign police markings displayed on a private vehicle.

Requested by: Dale L. DuTremble, City Prosecutor, City of North Charleston

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July 25, 2005

Opinion regarding dual office holding. Specifically, whether members of fire departments including Fire Marshals are exempted from the dual office holding prohibition.

Requested by: The Honorable J. Allen, Fire Marshal, Irmo Fire District

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July 14, 2005

Opinion concerning the following question: “[m]ay the owner of a broken bank rice field place food in the field and thus render it a baited area to prohibit hunting by the public?”

Requested by: James A. Quinn, Esquire

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July 13, 2005

Opinion regarding waiving the required auditor’s stamp for scanned documents.

Requested by: The Honorable Judith V. Warner, Registrar of Mesne Conveyance

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July 11, 2005

Opinion inquired as to whether it would be a violation of the dual office holding prohibition to serve simultaneously on the Central Midlands Regional Transit Authority and the Richland-Lexington Airport Commission.

Requested by: Francenia B. Heizer, Esquire

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July 8, 2005

Opinion inquired as to whether it would be a violation of the dual office holding prohibition to serve simultaneously on the Georgetown County Registration and Elections Commission and the Georgetown County Library Board.

Requested by: The Honorable Vida O. Miller, Chairman, Georgetown County Legislative Delegation

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July 7, 2005

Opinion regarding the county election commission for purposes of South Carolina Code 1-3-245.

Requested by: The Honorable Michael A. Pitts, Member, House of Representatives

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July 6, 2005

Opinion questioning an alternative funding plan for schools in Dorchester County.

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

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July 5, 2005

Opinion inquired as to whether it would be a violation of the dual office holding prohibition to serve simultaneously as an officer or director of the South Carolina Museum Foundation and being appointed to the South Carolina museum Commission by the Governor.

Requested by: Gray T. Culbreath, Chairman, South Carolina Museum Foundation

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June 30, 2005

Opinion regarding whether a particular publication meets the requirements of a legal notice.

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

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June 27, 2005

Opinion regarding the voting capacity of certain members of the Board of Trustees of School District Five of Lexington and Richland Counties. Specifically, whether the Board may act in light of a letter received from a citizen.

Requested by: Paula H. Hite, Board Chairperson, School District 5 of Lexington and Richland Counties June 30, 2005

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June 23, 2005

Opinion referencing the provisions of S.C. Code Ann. § 30-9-75 (Supp 2004). Specifically, whether the nightly backup of your computerized indices by the County IS Department complies with Section 30-9-75 which would allow your office to stop the printing of indices.

Requested by: The Honorable Timothy L. Nanney, Register of Deeds, Greenville County

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June 23, 2005

Opinion questioning whether a magistrate or municipal judge may sentence a defendant to a term of imprisonment of thirty days with no “good time” or “work credit” if the fine is not paid in lieu of jail time.

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

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June 21, 2005

Opinion regarding the intent of the South Carolina Noneconomic Damages Awards Act of 2005 (Act No. 32 of 2005). Specifically, the degree of control over the Patients’ Compensation Fund, which the new legislation places in the Funds Board of Governors.

Requested by: The Honorable David H. Wilkins, Speaker of the House, House of Representatives

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June 20, 2005

Opinion as to whether a school district which has rehired a retired teacher pursuant to S.C. Code Ann. § 9-1-1790 must employ that individual as a continuing contract teacher or whether the district may offer that teacher a memorandum or letter of agreement to teach for one year.

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

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June 15, 2005

Opinion concerning how Chester County has a council-manager form of government. You have questioned who will carry out the duties of these offices after June 30 and have asked whether the individuals holding these two offices will remain in office pending resolution of the lawsuits regarding the change of government.

Requested by: William A. Frick, Chester County Manager

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June 14, 2005

Opinion as to the validity of a potential ordinance that would require all parasailing operators engaging in parasailing activities in the jurisdictional waters of the City of North Myrtle Beach to remain a minimum distance of 1,900 feet from the shore.

Requested by: Chris Noury, Esquire

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June 10, 2005

Opinion as to the applicability of Jacob’s Law to churches. Specifically, the request of an opinion in order that churches not in compliance with the statute may comply with the law if need be.

Requested by: The Honorable Michael A. Pitts, Member, House of Representatives

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June 8, 2005

Opinion regarding the status of a water purchase and supply agreement between St. George and Lake Marion Regional Water Agency this office concluded that the agreement was a municipal franchise and, thus, subject to the provisions of S.C. Code Ann. § 5-31-50.

Requested by: The Honorable David C. Sojourner, Mayor, Town of St. George

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June 7, 2005

Opinion questioning the legality of a planned “Poker Run” which would be sponsored by the Beaufort Rotary Club.

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

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June 6, 2005

Opinion referencing the provisions of S.C. Code Ann. § 36-9-410 (B(4) (Supp. 2004). Specifically, where a private citizen lender loaned money to a private citizen borrower.

Requested by: Andrew M. Hodges, Esquire, Deputy Solicitor, Eighth Judicial Circuit

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June 3, 2005

Opinion addressing redistricting in the Edgefield County school board districts. Specifically, if the redistricting plan were resubmitted, could the Edgefield County Delegation vote on it at a different location or must the plan go back to the floor of the General Assembly.

Requested by: The Honorable Donald C. Smith, Member, House of Representatives

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June 1, 2005

Opinion concerning dual office holding, specifically serving on the Bamberg City Economic Development Board may simultaneously serve on the Bamberg County Hospital Board.

Requested by: Stuart B. Watson, Clerk/Treasurer, City of Bamberg

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June 1, 2005

Opinion regarding Georgetown County disseminating accommodation tax money to various entities, which promote tourism in the County. Specifically, whether those in receipt of these funds should be required to follow established Georgetown County procurement procedures.

Requested by: John M. Tolar, Esquire

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June 1, 2005

Opinion “regarding a conflict among several utility companies in South Carolina.”

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

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May 18, 2005

Opinion regarding a letter you received concerning the subject of confidentiality and the allocation of funds for emergency food and shelter. Specifically, the letter questioned whether disclosure of this information was a breach of confidentiality, and whether the locals boards should require recipients to sign a release of information form before providing assistance.

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

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May 13, 2005

Opinion concerning the applicability of the Motorcycle Safety Instruction Program to the private sector. Which state that Section 59-53-2010 et seq. is ambiguous as to whether it precludes private companies from providing services for motorcycle safety training.

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

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May 6, 2005

Opinion inquired as to whether it would be a violation of the dual office holding prohibition to serve simultaneously as Mayor and Planning and Zoning Administrator for the Town of Hollywood.

Requested by: The Honorable Robert L. Brown, Member, House of Representatives

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May 5, 2005

Opinion questioning whether qualified voters who voted in the general election in November, 2004, at which time these voters may have voted in the District 5 election, may now vote in the District 7 special election.

Requested by: Samuel W. Howell, IV, General Counsel, Charleston County Board of Elections and Voter Registration

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May 4, 2005

Opinion as to “whether the Insurance Reserve Fund (IRF) is authorized to provide general liability tort insurance to the employees of a defender corporation.”

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

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May 4, 2005

Opinion questioning the legality of an event conducted at the Beaufort Water Festival described as “River Rally”.

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

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May 3, 2005

Opinion regarding whether a conflict of interest would arise from the Executive Director of the Charleston County Human Services Commission running as a candidate or being elected to the Hollywood Town Council.

Requested by: Alyson C. Fudge, Esquire

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May 2, 2005

Opinion regarding recent legislation enacted by the General Assembly legalizing the practice of tattooing.

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

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April 29, 2005

Opinion referencing gaming machines (GT 2001 – GT 2004, Mega Touch, and Slingo Video Gaming Machines). Specifically, “[u]nder Section 12-21-2710, does the machines itself become illegal per se because of the illegal games?”

Requested by: Major Mark A. Keel, Chief of Staff, South Carolina Law Enforcement Division

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April 22, 2005

Opinion questioning whether being a member of the Union County Drug and Alcohol Commission and elected to serve on the Lockhart Town Council constitutes dual office holding.

Requested by: The Honorable Nancy C. Lawson, Member, Lockhart Town Council

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April 22, 2005

Opinion concerning whether serving simultaneously on the State Board Technical and Comprehensive Education and the Donaldson Development Commission would constitute dual office holding under the South Carolina Constitution.

Requested by: Edwin G. Foulke, Jr., Esquire

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April 19, 2005

Opinion indicated that the Town of St. George in considering entering into a water purchase and supply agreement with the Lake Marion Regional Water Agency (hereinafter “the Agency”). You indicated that should St. George enter into the agreement, it would be obligated to purchase treated potable water from the Agency.

Requested by: The Honorable David C. Sojourner, Mayor, Town of Saint George

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April 19, 2005

Opinion questioning whether a person may run for the position of clerk of court in Allendale County, while serving as County Director for the Department of Social Services.

Requested by: Lee. E. Harley-Fitts, Director, Allendale County Department of Social Services

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April 15, 2005

Opinion as to whether Georgetown County can assign the duties of delinquent tax collection to the County Treasurer.

Requested by: John M. Tolar, Esquire

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April 14, 2005

Opinion as to whether an individual serving simultaneously as Commissioner of the Barnwell County Soil and Water Conservation District and serving as Barnwell County Area Commissioner for Denmark Technical College would be in violation of the dual office holding provision of the South Carolina Constitution.

Requested by: Thomas O. Sanders, IV, Esquire

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April 14, 2005

Opinion “concerning implementation in South Carolina of the National Flood Insurance Program (NFIP).”

Requested by: Paul S. League, Deputy Chief Counsel, SC Department of Natural Resources

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April 13, 2005

Opinion questioning whether the Register of Deeds may certify copies of documents that have been recorded in the Register of Deeds office which are made outside of your office from your online records.

Requested by: The Honorable Timothy L. Nanney, Register of Deeds, Greenville County

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April 13, 2005

Opinion questioned whether particular “Sworn Affidavits”, copies of which you forwarded with your letter, should be recorded in the Register of Deeds office.

Requested by: The Honorable Timothy L. Nanney, Register of Deeds, Greenville County

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April 8, 2005

Opinion concerning the legality of H.3683, as it currently reads that candidates will be treated differently relating to Spartanburg County School Board elections.”

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

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April 5, 2005

Opinion referencing a prior opinion of this office which held that summary courts in this State do not have the authority to issue a subpoena duces tecum.

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

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April 4, 2005

Opinion inquiring as to the constitutionality of a City of Hardeeville Ordinance imposing a user fee upon certain fire protection and emergency medical services.

Requested by: David L. Tedder, Esquire

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April 4, 2005

Opinion as to whether the Greenville County Register of Deeds may simultaneously serve as the Greenville County Tax Collector without violating the dual office holding prohibition.

Requested by: The Honorable Timothy L. Nanney, Register of Deeds, Greenville County

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April 1, 2005

Opinion requested an interpretation of S.C. Code Ann. § 16-23-420.

Requested by: Richard J. Austin, Chief, Campus Police, Francis Marion University

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March 30, 2005

Opinion questioning whether it would be possible to charge a greenhouse operator employed by the Commission on Public Works with larceny under the common law or by some other disposition.

Requested by: The Honorable Jerry W. Peace, Solicitor, Eighth Judicial Circuit

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March 30, 2005

Opinion “on the constitutionality of House Bill 3213, the Right to Life Bill, which was introduced this year.”

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

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March 29, 2005

Opinion questioned whether the Five Wishes document if completed by an individual in this State would be legally binding on that individual’s family and on medical professionals attending the individual.

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

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March 29, 2005

Opinion concerning the constitutionality of Bill H.3728, which would allow a Water Commissioner to be appointed from the Service Area and Taxing District, rather than just the Taxing District only.

Requested by: The Honorable Joe Mahaffey, Member, House of Representatives

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March 24, 2005

Opinion concerning possible dual office holding, specifically whether an individual serves on the Limestone College Board of Trustees and the Sherman College Board of Trustees, and is elected by the General Assemble to the South Carolina State University Board of Trustees. Also, if an individual serves on the Lancaster County Commission for Higher Education and is elected by the General Assembly to the Winthrop University Board of Trustees.

Requested by: The Honorable Olin R. Phillips, Member, House of Representatives

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March 22, 2005

Opinion asking if the Nonresident Violators Compact (NRVC), codified as S.C. Code Ann. §§ 56-25-10 et seq. applicable since Subject A did not fully comply with the traffic citation by paying the required fines.

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

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March 21, 2005

Opinion concerning dual office holding, specifically if a reserve officer with the Sheriff’s office, who is not a commissioned constable, might simultaneously serve on the Clemson City Council.

Requested by: Margaret J. Thompson

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March 15, 2005

Opinion requesting clarification of an over twenty year old opinion of this office dates September 27, 1984 which dealt with the applicability if former S.C. Code Ann. § 23-31-180.

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

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March 15, 2005

Opinion requesting clarification of an over twenty year old opinion of this office dated September 27, 1984 which dealt with the applicability of former S.C. Code Ann. § 23-31-180.

Requested by: J. A. Cox, Jr., Chief of Police, City of Darlington

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March 10, 2005

Opinion concerning the enabling Act of Clinton Newberry Natural Gas Authority.

Requested by: The Honorable A. A. Morris, Jr., Member, Newberry County Council

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March 10, 2005

Opinion inquiring as to whether an individual currently employed with the Oconee County Building Codes Office may simultaneously serve as a reserve officer for the Oconee County Sheriff’s Office without violating the dual office provision.

Requested by: Lt. Stephen Jenkins, Oconee County Sheriff’s Office

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March 4, 2005

Opinion that requested clarification of S.C. Code Ann. § 5-7-30 and our opinion, Op. S.C. Atty. Gen. Op. No. 89-144, dated October 13, 1989.

Requested by: Mr. Steven E. Thomas, City Administrator, City of Conway

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March 1, 2005

Opinion on the issue of the viability of Fripp Island creating a special police district and exactly what are the limits of your authority as sheriff over such a police district.

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

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March 1, 2005

Opinion questioning whether you have the authority to go outside the normal budge process, using your own revenue stream, to protect historic documents. Also, cited the provisions of S.C. Code Ann. § 4-9-650 (1986).

Requested by: The Honorable Charlie Lybrand, Register Mesne Conveyance

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March 1, 2005

Opinion questioning whether S.C. Code Ann. § 12-43-217 (A) (2000) permits Beaufort County to conduct real property reassessments more often than once every five years.

Requested by: Mr. Gary Kublic, Beaufort County Administrator

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March 1, 2005

Opinion indicating that the Town of Williston and City of Barnwell have been requested by the Barnwell County Sheriff’s Department to enter into what is entitle a “Multiple Law Enforcement Agency Criminal Investigation and Mutual Aid Agreement.” And asking whether Section 23-20-30 authorizes a contract between a county and a municipality to transfer a municipal officer “in response to any law enforcement need” including, but not limited to, emergency situations; civil disorders; natural or man-made disasters; vehicle or other pursuits of criminal suspects; location of missing persons; or criminal activities involving both or multiple jurisdictions.

Requested by: Thomas M. Boulware, Esquire

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February 22, 2005

Opinion questioning the authority of a private security guard to issue citations for traffic violations in neighborhoods which have adopted the provisions of S.C. Code Ann. §§ 56-5-6310 et seq. (1991 and 2004).

Requested by: Mark A. Keel, Chief of Staff, South Carolina Law Enforcement Division

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February 16, 2005

Opinion concerning the constitutionality of House Bill 3264 in light of the Supreme Court’s recent ruling that overturned Charleston County’s 15% cap on assessment increases for owner occupied homes.

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

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February 14, 2005

Opinion as to whether the South Carolina Department of Parks, Recreation and Tourism (SC PRT) possesses the authority to request direct payment from the special tourism infrastructure fund for the expenses incurred by the SC PRT during certification as required by the Tourism Infrastructure Admissions Tax Act, codified at Section 12-21-6510 et seq.

Requested by: B. J. Willoughby, General Counsel, South Carolina Department of Parks, Recreation & Tourism

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February 14, 2005

Opinion concerning whether members of the Dorchester County Transportation Committee may serve simultaneously on the Dorchester County Transportation Authority without violating the dual office holding prohibition of the South Carolina Constitution.

Requested by: The Honorable George H. Bailey, Member, House of Representatives

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February 14, 2005

Opinion on dual office holding (members of the Dorchester County Transportation Committee may serve simultaneously on the Dorchester County Transportation Authority). Requested by The Honorable George H. Bailey, Member, South Carolina House of Representatives. Read full opinion.  

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February 10, 2005

Opinion questioning whether when recoding an original document, would it be permissible to validate and stamp with the book and page number only the first page of the document.

Requested by: The Honorable Cynthia Forte, Register of Deeds, Berkeley County

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February 8, 2005

Opinion questioning the practice of the Winthrop University Police Department of issuing moving traffic citations to Winthrop students and personnel utilizing their own tickets and setting bonds and fines for a violation.

Requested by: Chief Frank J. Zebedis, Winthrop University Police

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February 8, 2005

Opinion indicating that there is a municipal judge, an attorney in Newberry County, who is also employed by the solicitor’s office as a prosecutor in the family court and if this constitutes a conflict of interest.

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

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February 3, 2005

Opinion “about the City of Gaffney doing work on private property.” This opinion specifically seeks “an opinion on using taxpayer money to do this work that only benefits private property.”

Requested by: The Honorable Wayne C. Ramsey, Member, Gaffney City Council

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February 1, 2005

Opinion questioning the extent of the State’s responsibility to provide technical assistance to poorly performing charter schools.

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

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January 27, 2005

Opinion regarding the legality of “an entity called the IRC (Investigative Review Committee) operating in conjunction with the BOE (Board of Veterinary Medical Examiners) within in the Department of Labor, Licensing, and Regulation.”

Requested by: The Honorable Danny Verdin, Member, SC Senate

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January 25, 2005

Opinion questioning whether Class 3-SLE certified police officers may be used for duties such as sporting events, crowd control, traffic at fairs, football games, court room security and transportation of prisoners.

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

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January 25, 2005

Opinion concerning the authority of municipality to rename a street within the boundaries of the municipality.

Requested by: James W. Peterson, Jr., Esquire

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January 24, 2005

Opinion questioning the authority of the State Board of Financial Institutions (“the Board”) to issue an order to cease and desist against a company found by your office to be in violation of Chapter 7 of Title 32 of the State Code dealing with the sale of preneed funeral contracts.

Requested by: The Honorable Louie A. Jacobs, Commissioner of Banking

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January 18, 2005

Opinion questioning whether if a city purchases a property which is one property removed from the city limits, can it be annexed as being “near”. And whether the size of the in-between property would be a factor and what constitutes “adjacent” and whether adjacent could be two properties separate and still near.

Requested by: Michael B. Phillips, Chester City Administrator

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January 18, 2005

Opinion concerning the effect of the issuance of bond anticipation notes upon the time limitations imposed by the State Constitution for the issuance of general obligation bonds.

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

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January 12, 2005

Opinion questioning whether serving simultaneously as a state constable and as a deputy coroner would violate the dual office holding provisions of the State Constitution.

Requested by: The Honorable Lloyd B. Ward, Coroner, Barnwell County

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January 11, 2005

Opinion regarding a magistrate being placed on interim suspension pursuant to Rule 17(b) of Rule 502, Rules for Judicial Disciplinary Enforcement.

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

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January 6, 2005

Opinion noting that “[t]he November 2 Chester County ballot contained a referendum allowing the citizens the choice to either retain our present form of government, Council- Manger, or to change to the Council- Supervisor form.”

Requested by: Jack L. Kindle, Chester County Treasurer

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January 5, 2005

Opinion questioning whether a magistrate may deny a civil process server the right to serve civil process, particularly a summons and complaint and matters relating to landlord and tenant, as long as the process server meets the requirements of law.

Requested by: The Honorable Thomas Ed Taylor, Summons Court Judge

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January 5, 2005

Opinion questioning the legality of a real estate transfer fee imposed by the Harbor Island Owners Association (HIOA) of Beaufort County.

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

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

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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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