2006 Opinions

December 28, 2006

Opinion on the issues of “whether the St. Johns Water Company is a ‘public body’ subject to the Freedom of information Act (FOIA) requirements.”

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

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December 28, 2006

Opinion as to whether “holding these two positions [is] considered holding dual offices.” Additionally, asking whether holding the Assistant Chief position would be considered dual office holding.

Requested by: Michael W. Kellems

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December 20, 2006

Opinion regarding a proposed contract to provide police protection, such as patrolling roads for speeders and other traffic violators, for an area joining the Town of Bonneau known as the Bonneau Beach Community, also called Lake Moultrie.

Requested by: The Honorable Rembert E. Wrenn, Mayor, Town of Bonneau

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December 20, 2006

Opinion as to “whether or not these proposed improvements would meet the definition of “tourism-related” uses as outlined in the State Code and would, therefore, be eligible for funding through the local hospitality fund.”

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

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December 19, 2006 follow-up

Opinion concerning the impact of particular methods of reforestation on a property’s classification as timber property for tax purposes.

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

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December 15, 2006

Opinion concerning the enforcement of a City of Clinton ordinance. Specifically, a college town dealing with off campus housing, and the number of people that can live in one residence.

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

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December 14, 2006

Opinion concerning the imposition of county road maintenance fees on commercial vehicles that operate interstate.

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

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December 12, 2006

Opinion questioning the renaming of the John Smith Road in Jasper County.

Requested by: The Honorable R. Thayer Rivers, Jr., Chairman, Jasper County Legislative Delegation

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December 11, 2006

Opinion questioning whether or not a group called, Choose Children First, who joined other organizations for a voter registration drive with promises of cash prizes via lottery style drawings complies with state law.

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

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December 1, 2006

Opinion requesting whether being an employee of the Barnwell County Career Center, as an electrical instructor, and being a member of the Barnwell County Council would result in a conflict of interest.

Requested by: Ron Still

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December 1, 2006

Opinion requesting whether being a member of both Myrtle Beach Downtown Redevelopment Corporation, and a member of the city’s Planning Commission is in violation of the dual office holding.

Requested by: Doug Martin

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November 29, 2006

Opinion interpreting a term used in one of the provisions of the recently enacted South Carolina Real Property Valuation Reform Act.

Requested by: The Honorable Robert F. Everett, Cherokee County Assessor

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November 27, 2006

Opinion questioning whether unsolicited newspapers and advertising circulars placed on driveways constituted “litter” for purposes of the state regulating such.

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

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November 16, 2006

Opinion questioning whether the provision of S.C. Code Ann. § 56-5-3000 has been suspended by the federal Driver Privacy Protection Act (DPPA) as set forth at 18 U.S.C.A. §§ 2721-2725.

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

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November 14, 2006

Opinion questioning as to whether “a homeowners’ association can prohibit a residential homeowner from flying the American flag on his/her property?”

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

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November 14, 2006

Opinion regarding the use of the uniform traffic ticket by law enforcement officers.

Requested by: Martha E. Johnson, Interim General Counsel, South Carolina Criminal Justice Academy

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November 8, 2006

Opinion questioning “Who is responsible for making the daily deposits and filing the Deed Recording Fee Return Form (L-2125)?”

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

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November 8, 2006

Opinion interpreting section 12-43-232.

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

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November 8, 2006

Opinion questioning if a person serving on the transportation committee and the election committee, election committee and zoning appeals board or a local contractor serving on the planning commission constitutes dual office holding.

Requested by: Judith M. Frank, Clerk, Jasper County Council

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November 8, 2006

Opinion questioning whether or not a referendum will be required to allow the assumption of ownership of the City of Chesnee’s sewer system by the Spartanburg Sanitary Sewer District.

Requested by: Lawrence E. Flynn Jr., Esquire

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November 3, 2006

Opinion referencing that recently a City of Union public safety officer arrested a defendant for trespassing after notice and possession of drug paraphernalia.

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

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November 1, 2006

Opinion reviewing former opinion dated July 31, 2006 relating to a proposed promotion entitled “Chuck-A-Puck.”

Requested by: Charles E. Brown, Director of Investigations, South Carolina Secretary of State’s Office

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October 27, 2006

Opinion concerning the constitutionality of the 2006 amendments to section 12-37-670 of the South Carolina Code.

Requested by: Ray N. Stevens, Director, South Carolina Department of Revenue

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October 27, 2006

Opinion regarding fees, which may be charged by an agency for production of records under the South Carolina Freedom of Information Act.

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

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October 27, 2006 follow up

Opinion to an opinion issued September 6, 2006. Questioning whether the Commission for Minority Affairs is a regulatory agency for purposes of 8-13-730 of the South Carolina Code thus, prohibits a chief of an entity seeking recognition as Native American Indian entity by the Commission from serving on the Commission’s board.

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

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October 26, 2006

Opinion regarding the 911 system in Lexington County.

Requested by: Dennis K. Tyndall, Chief of Police, City of West Columbia

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October 19, 2006

Opinion questioning the driver’s license requirement for certification of law enforcement officers.

Requested by: William R. Neill, Interim Director, South Carolina Criminal Justice Academy

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October 9, 2006

Opinion concerning the Town of Briarcliffe Acres’ proposed sewer collection system.

Requested by: The Honorable Alan D. Clemmons, Member, House of Representatives

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October 16, 2006

Opinion concerning whether or not an individual may simultaneously serve on the Georgetown County Parks and Recreation Commission (“PRC”) and the Waccamaw Equal Opportunity Council (“WEOC”) without violating the dual office holding prohibition contained in article XVII, section 1A of the South Carolina Constitution.

Requested by: David J. Mills, Esquire

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October 16, 2006

Opinion concerning the funding of the Central Midlands Regional Transit Authority. Specifically, asking for an opinion as to the “legality of two possible sources of funding for the Central Midlands Regional Transit Authority (CMRTA).”

Requested by: The Honorable Jimmy C. Bales, Ed.D., Member, House of Representatives

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October 13, 2006

Opinion concerning dual office holding. Specifically, serving on the Limestone College Board of Trustees and being elected by the General Assembly to the South Carolina State University Board of Trustees.

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

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October 12, 2006

Opinion concerning limitations on the amount of bonded indebtedness school districts may incur.

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

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October 11, 2006

Opinion questioning if serving as Deputy Attorney for the City of Spartanburg and being considered for a position on the South Carolina Public Charter School Board of Trustees would constitute dual office holding.

Requested by: Cathy Hoefer McCabe, Deputy City Attorney, City of Spartanburg

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October 10, 2006

Opinion on whether SLED should automatically classify an out-of-state sexually violent predator as a sexually violent predator when relocating to South Carolina. Requested by Major Mark A. Keel, South Carolina Law Enforcement Division. Read full opinion.

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October 10, 2006

Opinion questioning the basis for opinions of this office that have concluded that the terms of municipal council members may be shortened in certain circumstances.

Requested by: R. Allen Young, Esquire

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October 10, 2006

Opinion questioning whether SLED should automatically classify an out-of-state sexually violent predator when relocating to South Carolina and subject the individual to the more frequent registration requirements.

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

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October 9, 2006

Opinion questioning “whether a new elected member of our Mount Pleasant Town Council can also continue to hold the appointed position of being a member of the Patriot’s Point Development Authority Board” and if this constitutes dual office holding.

Requested by: R. Allen Young, Esquire

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October 9, 2006

Opinion concerning property tax assessments.

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

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October 5, 2006

Opinion concerning the imposition of county impact fees by the South Carolina General Assembly.

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

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October 4, 2006

Opinion regarding the Drycleaning Facility Restoration Trust Fund which is established pursuant to the provisions of S.C. Code Ann. §§ 44-56-410 et seq.

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

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October 2, 2006

Opinion questioning a situation where an individual who appears to be an agent of a public school who lawfully operates a motor vehicle has a large sign in the bed of his truck supporting a particular political candidate. Specifically, if this violates S.C. Code Ann. § 16-17-560.

Requested by: The Honorable Trey Gowdy, Solicitor, Seventh Judicial Circuit

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September 29, 2006

Opinion regarding being on the Union City Council, and also be a member on the Union County Association Board of Directors of the Union County Fair Association and if this constitutes violation of dual office holding.

Requested by: William E. Whitney, Esquire

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September 29, 2006

Opinion that inquiring the possible means by which the Town of Gray Court could obtain law enforcement services for the Town.

Requested by: The Honorable Garry R. Smith, Member, House of Representative

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September 29, 2006

Opinion questioning whether obtaining a position of the Union City Council, while also serving as the Assistant Director for the Union County Emergency Services Agency constitutes dual office holding.

Requested by: Robert Garner

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September 29, 2006

Opinion concerning section 58-27-640 of the South Carolina Code.

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

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September 28, 2006

Opinion is a follow up to opinion issued on July 26, 2006 regarding the constitutional problems encountered by a loitering ordinance.

Requested by: The Honorable Henry B. Fishburne, Jr.; The Honorable Jimmy S. Gallant, III; The Honorable Robert M. Mitchell; and The Honorable James Lewis, Jr., Members, Charleston City Council

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September 26, 2006

Opinion on behalf of Dr. John C. Maize, Sr. concerning House Bill No. 3891. Dr. Maize requests clarification of section 44-132-40 of the South Carolina Code.

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

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September 25, 2006

Opinion questioning whether a local government is authorized to “structure home detention and utilize it for prisoners that are incarcerated in local jails under ninety days or less.”

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

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September 22, 2006

Opinion questioning the proper county in which to file complaints in a magistrate’s court.

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

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September 22, 2006

Opinion concerning the deputy auditor for Greenville County.

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

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September 21, 2006

Opinion concerning the interpretation of “Jacob’s Law.” In particular, you are concerned with the interpretation of section 56-5-195 of the South Carolina Code.

Requested by: Deirdra T. Singleton, Deputy Director/General Counsel, South Carolina Department of Health and Human Services

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September 21, 2006

Opinion concerning the possibility of dual office holding with specifics regarding to being a member of the State Board for Technical and Comprehensive Education and being a member on the Myrtle Beach Convention Center Hotel Corporation’s Board.

Requested by: Dan P. Gray

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September 15, 2006

Opinion questioning whether second degree lynching can be nonviolent as well as violent and “if you get a three year sentence for second degree lynching…(is it)…a mandatory 85% or is that up to the judge’s discretion.”

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

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September 14, 2006

Opinion questioning the traffic enforcement actions of the Wellford, Lyman and Duncan Police Departments.

Requested by: The Honorable Chuck Wright, Sheriff, Spartanburg County

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September 13, 2006

Opinion concerning the authority of the South Carolina Agriculture Commission with regard to the collection of peanut assessments.

Requested by: Marshall Flowers, Chairman, The Agriculture Commission of South Carolina

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September 11, 2006

Opinion on behalf of the Walterboro-Colleton Airport Commission “as to whether the members of the Walterboro-Colleton Airport Commission are in violation of the prohibition against dual office holding by serving on the Commission.”

Requested by: Steven D. Murdaugh, Chairman, Walterboro-Colleton County Airport Commission

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September 8, 2006

Opinion questioning the Richland County pay plan for magistrates that was adopted by the County effective July 1, 1998.

Requested by: The Honorable Clevette L. Hudnell, Columbia Magistrate

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September 6, 2006

Opinion as to “whether or not the provisions of S.1138 (R.388) of 2006 and S.1267 (R.447) of 2006 relating to sex offenders and commonly referred to as ‘Jessica’s Law’ have any retroactive effect.’’

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

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September 6, 2006

Opinion concerning dual office holding pertaining to serving both on the City of Tega Cay Council, and the Lake Wylie Marine Commission.

Requested by: The Honorable John Dervay, Councilmember, City of Tega Cay

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September 6, 2006

Opinion as to whether the Commission for Minority Affairs is regulatory agency for purposes of section 8-13-730 of the South Carolina Code.

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

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September 6, 2006

Opinion questioning whether a McCormick County magistrate has the authority to set office hours for the magistrate’s court.

Requested by: G.P. Callison, Jr., Esquire

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September 5, 2006

Opinion concerning the Beech Island Rural Community Water District’s “authority to provide sewer to the public in [its] existing service area as well as our planned expansion projects..”

Requested by: The Honorable Ronnie Wood, Chairman; Ken Gray, Member; Larry Newman, Member; Billy Proctor, Member; Don Tipton, Member, Beech Island Rural Community Water District Board of Directors

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September 5, 2006

Opinion concerning fees assessed by the Department of Labor, Licensing and Regulation on behalf of the Perpetual Care Cemetery Board.

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

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August 29, 2006

Opinion concerning amendments to an ordinance enacted by a referendum in Folly Beach. This referendum would create a new section in the Fire Prevention Code.

Requested by: Aaron Pope, Zoning Administrator, City of Folly Beach

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August 28, 2006

Opinion concerning section 20-7-690 of the South Carolina Code and the privacy of children assigned a volunteer guardian by a court.

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

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August 25, 2006

Opinion concerning where vehicles operating in South Carolina, but owned by an out of state business should be registered.

Requested by: The Honorable Cyrus Spradley, Aiken County Auditor

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August 25, 2006

Opinion questioning whether the Sheriff of Chester County can assume additional duties like assuming police duties in each town. Specifically, questioning whether in assuming additional duties, how may the Sheriff receive additional compensation.

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

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August 24, 2006

Opinion concerning whether or not a group of candidates may jointly seek donations.

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

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August 24, 2006

Opinion concerning road maintenance fees imposed by the Florence County Council.

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

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August 16, 2006

Opinion concerning dual office holding. Specifically, holding a position on the Sumter County School District Two School Board, while employed as an enforcement officer with the South Carolina Department of Natural Resources.

Requested by: Richard P. Dye

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August 16, 2006

Opinion pertaining to personal property taxes, in regard to a case where Patricia Holding, LLC entered into a lease agreement with Synovus Leasing Company.

Requested by: The Honorable Alan D. Clemmons, Member, House of Representatives

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August 11, 2006

Opinion regarding activities of the Charleston County School Board, where certain members admitted they violated the Sunshine Law.

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

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August 10, 2006

Opinion asking about the Aiken County Sheriff’s office conducting the sale of real estate to satisfy a judgment. Specifically, what fees should be collected in connection with the sale.

Requested by: W. Lawrence Brown, Esquire

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August 8, 2006

Opinion seeking clarification on two issues involving the commitment and release of juvenile offenders pursuant to the South Carolina Children’s Code.

Requested by: Duane M. Swygert, Chair, South Carolina Board of Juvenile Parole

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August 8, 2006

Opinion questioning the legality of colored neon or fluorescent bulbs that project from the undercarriage of a vehicle to the ground below.

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

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August 4, 2006

Opinion concerning the desire to run for a position on Town Council for the Town of Mt. Croghan, while working at the South Carolina Department of Motor Vehicles.

Requested by: Tammy B. Hewett

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August 3, 2006

Opinion questioning whether a private security guard could display a blue light in his car.

Requested by: Dale L. DuTremble, Esquire

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August 2, 2006

Opinion regarding S.C. Const. Article V, § 4. Questioning whether the sheriffs should comply with the Order of the Chief Justice or should they insist that the clerks of court determine indigent status.

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

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August 2, 2006

Opinion regarding the Optimist Club and whether they have to bring money to the Security Blanket’s treasury, and whether or not it constitutes a conflict of interest.

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

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August 2, 2006

Opinion on dual office positions, specifically someone on the State Board of Education and on the Anderson County Council.

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

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August 2, 2006

Opinion on whether you may serve simultaneously as a member of the Horry County Higher Education Commission on the City of Conway Zoning Board of Appeals.

Requested by: Joseph O. Burroughs

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August 1, 2006

Opinion referencing SC Code Ann. § 59-37-10. Requesting whether the District 56 Board of Education is required to provide an education to the children of Thornwell Home.

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

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July 31, 2006

Opinion regarding a proposed promotion, Chuck –A-Puck, that the South Carolina Stingrays wish to conduct.

Requested by: Charles E. Brown, Director of Investigations, South Carolina Secretary of State’s Office

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July 28, 2006

Opinion reviewing the one year suspension of the driving privilege of Mr. Brandon Kent for the period of 2/19/2002 until 2/19/2003.

Requested by: The Honorable Walton J. McLeod, Member, House of Representatives

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July 27, 2006

Opinion concerning the eligibility of a write-in candidate to take office.

Requested by: The Honorable Ernest G. Trammell, Member, Laurens County Council

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July 27, 2006

Opinion referencing a recently enacted provision amending S. C. Code Ann. § 61-6-2010 which deals with the issuance of a temporary permit allowing the possession, sale, and consumption of alcoholic liquors by the drink to “bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales.”

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

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July 27, 2006

Opinion concerning the interpretation of section 47-5-60 of the South Carolina Code.

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

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July 26, 2006

Opinion regarding a proposed municipal ordinance.

Requested by: Charleston City Council Members

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July 24, 2006

Opinion questioning the jurisdiction of the Town of Bluffton Police Department to enforce traffic regulations on portions of U.S. 278 adjacent to the town boundaries.

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

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July 21, 2006

Opinion regarding dual office holding.

Requested by: Gwendolyn Conner

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July 19, 2006

Opinion regarding the legality and constitutionality of the Competitive Cable Services Act.

Requested by: R. Allen Young, Esquire

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July 19, 2006

Opinion inquiring whether “it is possible to be employed as a vice president of a state supported technical college and serve as a state senator in the same county?”

Requested by: Nancy T. Welch

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July 19, 2006

Opinion concerning the Fairfield County Recreation District and the Recreation Commission. Specifically, whether certain behavior by the commissioners’ constitutes cause for removal.

Requested by: W. Thomas Sprott, Esquire

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July 19, 2006

Opinion requesting follow-up opinion to an opinion issued May 23, 2006.

Requested by: Robert C. Norwood, Chairman and J. Walter Brown, Sr., Member, Rock Hill School District Three Board of Trustees

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July 18, 2006

Opinion requesting driving records for three individuals who have driving under the influence cases pending in general sessions court.

Requested by: L. Mark Moyer, Esquire

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July 17, 2006

Opinion regarding the interpretation of S.C. Code Ann. §23-1-225.

Requested by: The Honorable Ronnie Cromer, Senator, District No. 18

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July 14, 2006

Opinion noting “some ‘confusion’ concerning the ‘Romeo’ clause pursuant to ‘Jessica’s Law’ which was contained in Senate 1138.”

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

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July 7, 2006

Opinion on dual office holding (serving as a member of the Education Oversight Committee and as a member of the Public Charter School District Board of Trustees). Requested by Ms. Jo Anne Anderson, Executive Director, Education Oversight Committee. Read full opinion.

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July 6, 2006

Opinion concerning financial transaction card fraud and jurisdiction of a court with regard to such offense.

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

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July 6, 2006

Opinion questioning the jurisdiction of a magistrate when hearing an interpleader action where the defendant/ buyer and defendant/ seller are not located in the same county and/or state where the plaintiff/ realtor is located.

Requested by: Lovee M. Watts, Staff Attorney, South Carolina Court Administration

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July 5, 2006

Opinion concerning the application of conflicting standards contained in the International Building Code and South Carolina Department of Social Service’s (DSS) regulations.

Requested by: Donna McCullum, Interim Planning Director, Sumter City- County Planning Commission

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July 5, 2006

Opinion regarding the “offering of incentives in exchange for voting.”

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

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June 30, 2006

Opinion questioning whether Charleston Water Works “can arbitrarily and capriciously limit the wholesale sewer services it provides to the Town of Hollywood, and simultaneously increase services to selected areas in the City of Charleston?”

Requested by: The Honorable Gerald D. Schuster, Mayor, Town of Hollywood

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June 30, 2006

Opinion concerning the legality of a proposed agreement between the South Carolina State Museum Foundation (the “Foundation”) and the South Carolina State Museum (the “Museum”).

Requested by: Gary T. Culbreath, Chairman, South Carolina Museum Commission

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June 27, 2006

Opinion requesting “the legality of procedures used by the Berkeley County Board of Education in levying property taxes in 2005.”

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

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June 26, 2006

Opinion regarding the placement of numbers on official ballots in Beaufort County.

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

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June 19, 2006

Opinion regarding dual office holding, specifically, being on the City of Sumter’s Community Development Housing Board and the Sumter County Election Commission.

Requested by: Linda Hammett, City Clerk, City of Sumter

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June 19, 2006

Opinion concerning a county clerk of court’s authority to add personnel.

Requested by: Robert M. Bell, Esquire

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June 16, 2006

Opinion regarding dual office holding, specifically, being on the Florence School District Three Board of Trustees and a town judge.

Requested by: The Honorable Patsy McCutcheon, Board Member, Florence School District Three

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June 14, 2006

Opinion concerning section 20-7-90 of the South Carolina Code.

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

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June 9, 2006

Opinion regarding the legal implications of the City of North Myrtle Beach’s decision to close or abandon an easement providing beach access to the public.

Requested by: Chris Noury, Esquire

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June 7, 2006

Opinion regarding the interpretation of S.C. Code Ann §56-3-115, which deals with golf carts and driver’s licenses.

Requested by: David B. King, Chief of Police, Town of Honea Path

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June 7, 2006

Opinion regarding the operation of golf carts in this State.

Requested by: Trent Canady, Chief of Police, Edisto Beach Police Department

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June 6, 2006

Opinion regarding the legality of having every vehicle parked in the driveway of a residence having to display a tag and be insured or the vehicle must be disposed or removed.

Requested by: Elizabeth Wright, Chief of Police, Town of Pine Ridge

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June 5, 2006

Opinion regarding legislation R. 311, dealing with the State Law Enforcement Training Council.

Requested by: James K. Schweitzer, Director, South Carolina Department of Public Safety

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June 1, 2006

Opinion questioning the impact of dual office holding prohibition on the advisory board created by the South Carolina Education and Economic Development Act (“EEDA”).

Requested by: The Honorable Ken Clark, Member, House of Representatives

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June 1, 2006

Opinion regarding a charter school’s use of facilities and other resources that presently belong to a private school.

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

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June 1, 2006

Opinion regarding the eligibility of current employees of the Greenville Technical Charter High School to serve on the board of that school.

Requested by: David Gantt, Esquire

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May 31, 2006

Opinion concerning the Fairfield County Recreation Commission, the governing body of the Fairfield County Recreation District.

Requested by: W. Thomas Sprott, Jr., Esquire

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May 26, 2006

Opinion concerning the annexation of property contained in the Buffalo Fire District by the City of Union (the “City”).

Requested by: Eddie Newton, Chairperson, Buffalo Fire Department

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May 26, 2006

Opinion regarding a municipality’s authority to levy a local business license tax.

Requested by: The Honorable Gilda Cobb-Hunter, Member, House of Representatives

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May 25, 2006

Opinion concerning the State Budget and Control Board’s regulation of expenditures by state agencies for permanent improvements.

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

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May 23, 2006

Opinion concerning county council appointments to boards and commissions in Greenville County.

Requested by: Mark W. Tollison, Esquire

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May 23, 2006

Opinion regarding disclosure of sheriff’s office internal affairs investigations under the South Carolina Freedom of Information Act (“FOIA”) and the demand by the media for “full disclosure.”

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

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May 23, 2006

Opinion concerning the appropriation of surplus funds from the South Carolina Education Lottery.

Requested by: Robert C. Norwood, Chairman, Rock Hill School District Three Board of Trustees

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May 19, 2006

Opinion regarding the applicability of the Freedom of Information Act (FOIA) to a political party caucus of the South Carolina House of Representatives.

Requested by: The Honorable James H. Merrill, House Majority Caucus Leader, House of Representatives and The Honorable J. Todd Rutherford, Member, House of Representatives

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May 18, 2006

Opinion questioning whether serving on both the Board of the State Human Affairs Commission and Board of the Beaufort County Board of Elections constitutes as dual office holding.

Requested by: The Honorable William G. Herbkersman, Member, House of Representatives

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May 17, 2006

Opinion questioning whether an individual may both serve on the Marion County Voter Registration / Election Commission and as an assistant solicitor for Horry County.

Requested by: The Honorable Kent M. Williams, Member, SC Senate

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May 17, 2006

Opinion questioning whether serving on both the Bluffton Historical Preservation Commission and the Southern Beaufort County Corridor Review Board constitutes dual office holding.

Requested by: Laura T. Barrett

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May 8, 2006

Opinion concerning the ability of a county council or county administrator to re-appropriate money budgeted for the Register of Deed’s operations.

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

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May 15, 2006

Opinion requesting as to “whether S.1205, which is currently pending before the House of Representatives, is valid and not violative of Home Rule since it specifically states that state law has preempted the regulation of agricultural facilities.”

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

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May 12, 2006

Opinion regarding the law enforcement authority and the authority to carry handguns of various university and college law enforcement officers in this State.

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

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May 9, 2006

Opinion concerning a member of the Patriots Point Development Authority’s (the “PPDA’s”) decision to run for a position on the Town Council for the Town of Mount Pleasant (the “Town Council”) in a special election.

Requested by: David Burnette, Executive Director, Patriots Point Development Authority

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May 8, 2006

Opinion regarding the absence of a commissioner due to military service.

Requested by: Bill Starr, Chairman, Goose Creek Recreation Commission

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May 5, 2006

Opinion referencing the provisions of S.C. Code Ann. §16-3-1750 which provides for the seeking of a restraining order against an individual engaged in harassment in the first or second degree or stalking.

Requested by: The Honorable R. N. Langley, Magistrate, Florence County

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May 5, 2006

Opinion questioning the legality of releasing the names of juvenile victims.

Requested by: The Honorable Mike E. Hunt, Sheriff, Aiken County

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May 4, 2006

Opinion concerning the bylaws adopted by the Georgetown County Board of Elections and Registrations (the “Board”).

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

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May 4, 2006

Opinion concerning the constitutionality of sections 50-13-1610 and 50-5-1700 of the South Carolina Code.

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

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April 28, 2006

Opinion concerning “the legality of a developer of a residential community providing a nominal token gift to home buyers upon their referral of new home buyers who end up purchasing from that developer.”

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

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April 28, 2006

Opinion concerning an appointee to the Education Oversight Committee (EOC), and whether it violates the law of dual office holdings.

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

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April 27, 2006

Opinion concerning an employee contract the Mayor of Lake City (the “Mayor”) entered into with the City Administrator.

Requested by: Lake City City Council

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April 26, 2006

Opinion dealing with teaching a course at the University of South Carolina, and have been offered a $2,500 honorarium. Request whether or not you can accept the offer in light of the provisions of S.C. Code Ann. § 60-11-60.

Requested by: Rodger E. Stroup, Ph.D., Director, South Carolina Department of Archives & History

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April 24, 2006

Opinion “on the classification of the South Carolina Lieutenant Governor. Specifically, is the Lieutenant Governor a ‘Constitutional Officer’ and, if so, where does that destination originate?”

Requested by: Michael Truesdale, Esquire

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April 21, 2006

Opinion asking whether someone on the Bamberg Registration and Election Commission, who decided to run County Council, need to step down from her position on the Elections Commission.

Requested by: Betty S. Kilgus, Chairperson, Bamberg County Registration and Elections

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April 21, 2006

Opinion request “as to whether this proposed waiver to the monthly charge for all future grinder pump users comports with the Equal Protection Clauses of the US and South Carolina Constitutions, and is otherwise legal.”

Requested by: Roy R. Hemphill, Esquire

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April 20, 2006

Opinion regarding whether the Dorchester County Sheriff’s Department may maintain a fully independent information technology network separate from the County.

Requested by: The Honorable Ray Nash, Sheriff, Dorchester County

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April 20, 2006

Opinion questioning whether an individual can serve simultaneously as member of the Chester County Transportation Committee and as a member of the Chester County School Board without violating the dual office holding prohibition of the South Carolina Constitution.

Requested by: The Honorable Ted M. Vick, Member, House of Representatives

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April 19, 2006

Opinion as to whether the payment of bonuses from the Forestry Commission in 2005 and beyond carry forward the amount that was authorized.

Requested by: Bob Schowalter, State Forester, South Carolina Forestry Commission

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April 19, 2006

Opinion requesting to review the South Carolina licensure for speech language pathologist and audiologist and opine on its compliance with federal regulations allowing state Medicaid programs to receive federal appropriations for providing medical and rehabilitative services.

Requested by: Robert Kerr, Director of South Carolina Department of Health and Human Services

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April 18, 2006

Opinion regarding the prosecution of first and second offense criminal domestic (CDV) cases.

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

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April 18, 2006

Opinion concerning a previous Attorney General Opinion dated April 3, 2006 to Representative Paul Agnew. Pertaining to DHEC and the Administrative Procedures Act.

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

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April 17, 2006

Opinion concerning the filing, docketing, and indexing of an uncontested foreign judgment.

Requested by: DeShield Smith, Circuit Court Representative, SC Court Administration

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April 14, 2006

Opinion as to “whether the Commission has the authority to change the present name of their building, if not what options are available to initiate a name change, and whether the Commission may concur or nonconcur with Legislative request or direction.”

Requested by: The Honorable Glenn L. Hamilton, Member, House of Representatives

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April 12, 2006

Opinion asking “Can Kershaw County record a deed, which does not have the same street name or subdivision when the plat or plot was originally recorded?”

Requested by: The Honorable Eldridge R. Emory, Member, House of Representatives

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April 11, 2006

Opinion regarding the ability to “pass a local vested rights ordinance with our own language.”

Requested by: Aaron Pope, Zoning Administrator, City of Folly Beach

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April 10, 2006

Opinion regarding dual office holding in the City of Bluffton.

Requested by: Terry A. Finger, Esquire

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April 6, 2006

Opinion questioning whether the promotion of a forestry employee with the State Forestry Commission to the position of a “special law enforcement officer” would prohibit his wife from maintaining her bail bondsman license and operating a bail bond business.

Requested by: Rachel Harper, Associate General Counsel, South Carolina Department of Insurance

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April 4, 2006

Opinion concerning whether an individual can work for the City of Calhoun Falls, and be elected on the Abbeville County Council.

Requested by: The Honorable A. Scott Harris, Administrator, City of Calhoun Falls

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April 4, 2006

Opinion concerning section 59-123-40 of the South Carolina Code.

Requested by: Joseph C. Good, Jr., General Counsel, MUSC

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April 3, 2006

Opinion seeking “clarification on the legality of the scope of a proposed regulation before the General Assembly which governs permits for bridges to marsh islands – R. 3006.”

Requested by: The Honorable Paul Agnew, Member, House of Representatives

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March 31, 2006

Opinion regarding the constitutionality of Section 12 on H.4427, as it appears to invest legislative power in the executive branch of State government by delegating to the DOI the ultimate authority to convert this bill into law.

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

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March 28, 2006

Opinion questioning whether “a person who moves from within the territory of the St. Andrews Public Service District becomes ineligible for continued service on the District Board. And would that move outside the district trigger an automatic vacancy of the seat?”

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

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March 27, 2006

Opinion questioning the legality of an ordinance, which imposed an administrative service fee in the amount of ten dollars on offenders found guilty in the Mount Pleasant municipal court.

Requested by: R. Allen Young, Esquire

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March 27, 2006

Opinion asking how much inspecting by your office of a document submitted for recording is required and whether you can legally record a document as submitted.

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

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March 24, 2006

Opinion questioning whether a bondsman licensed pursuit to S.C. Code Ann. § 38-53-10 et. seq, may also hold the position of part-time deputy coroner.

Requested by: Rachel Harper, Associate General Counsel, South Carolina Department of Insurance

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March 24, 2006

Opinion asking the question: “Does the Executive Director of the Special Purpose District have to be an employee of the District or can he be appointed an independent contractor?”

Requested by: Louis Morant, Member, Board of Directors, Georgetown County Water and Sewer District

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March 22, 2006

Opinion regarding your duties as coroner in Greenwood County.

Requested by: The Honorable James T. Coursey, Coroner, County of Greenwood

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March 20, 2006

Opinion questioning the effective filing date for petition and write-in candidates for the Aiken County Board of Education.

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

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March 20, 2006

Opinion inquiring as to Barnwell School District No. 45’s responsibility with regard to legal expenses incurred in the protest of an election for its Board of Trustees.

Requested by: J. Martin Harvey, Board Chairman, Board of Trustees for Barnwell School District No. 45

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March 17, 2006

Opinion regarding conflicting provisions in the State Board of Education Regulations 43-53 and 43-53.2 as to which regulation should be utilized for determining advancement of a teaching certificate from bachelor’s degree to bachelor’s degree plus eighteen hours.

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

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March 17, 2006

Opinion questioning whether your position as a Fairfield County Veterans Affairs Officer constitutes an office for dual office holding purposes.

Requested by: Michael B. O’Connor, Veterans Affairs Officer, Fairfield County Veterans Affairs Office

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March 16, 2006

Opinion regarding the attempted sell of copies of a photograph taken in October of 2005 in Tillman Hall at Clemson University.

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

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March 15, 2006

Opinion questioning whether an individual charged with the offense of issuing a fraudulent check or any offense for which a uniform traffic ticket may be utilized is required to be brought in for a booking process whereby photographs and fingerprints are obtained.

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

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March 15, 2006

Opinion questioning whether an individual fails to appear in court, can a rule to show cause be issued? And if so, if that individual fails to appear pursuant to the subpoena, can a bench warrant be issued for contempt?

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

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March 13, 2006

Opinion concerning compliance of “York County requirements for the transfer of responsibility for City elections from the City to York County, may the City’s Council, by duly passed ordinance, extend the termination of the terms of its Councilmen and Mayor now in office?”

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

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March 9, 2006

Opinion regarding the issuance of bonds by the Marlboro County School Board.

Requested by: The Honorable Kent M. Williams, Member, SC Senate

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March 9, 2006

Opinion in which questions whether or not the Greenville Tech Charter School having a governing board with current paid employees violates the servant / master prohibition.

Requested by: The Honorable Gary R. Smith, Member, House of Representatives

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March 6, 2006

Opinion questioning the admissibility in court of surveillance or undercover evidence obtained using a STING miniature digital recorder.

Requested by: Robert E. Saverance, Investigator, Office of the Solicitor, Twelfth Judicial Circuit

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March 6, 2006

Opinion concerning the legality of a petition submitted to the City of Folly Beach proposing an ordinance for public referendum.

Requested by: Toni–Conner Rooks, City Administrator, City of Folly Beach

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March 3, 2006

Opinion concerning that legislation constrains the local school boards as it relates to other relevant statutes. And questioning whether the referenced proposed legislation if enacted would direct the school boards to comply in a manner that would be in direct conflict with other existing statutes that would be applicable.

Requested by: The Honorable Phil P. Leventis, Member, SC Senate

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March 2, 2006

Opinion regarding the applicability of Act. XVII, § 8 of the South Carolina Constitution to those who play the State Lottery.

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

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February 24, 2006

Opinion inquiring as to the constitutionality and enforceability of section 3 of Act 229 of 1983.

Requested by: The Honorable Stephen T. Draffin, Code Commissioner and Director, SC Legislative Council.

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February 23, 2006

Opinion regarding lobbying efforts on behalf of the Municipal Association of South Carolina (“MASC”). Specifically, concern in regard to “the issue of further incorporation [of municipalities] and legislative efforts to aid that incorporation as expressed in Senate Bill 318” and the fact that “MASC has taken an absolute position against the legislation.”

Requested by: The Honorable Wallace B. Scarborough, Member, House of Representatives

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February 16, 2006

Opinion regarding the tax exempt status of volunteer fire departments located in Greenwood County.

Requested by: The Honorable Dan Wideman, Sheriff, Greenwood County

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February 16, 2006

Opinion referencing S.C. Code Ann. §7-9-60 and citing proposed Rules of Beaufort County Republican Party (BCRP); questioning whether the proposed BCRP Rules conflict with the requirements of Section 7-9-60 regarding the eligibility of members of a political party’s county executive committee to vote on any question.

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

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February 14, 2006

Opinion questioning what “governing authority” does the delegation have with relation to the Board and if the delegation as the authority to make recommendations and suggestions to the Board relating to Board operations, procedures and bylaws.

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

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February 14, 2006

Opinion reviewing a prior opinion relating to the Drycleaning Facility Restoration Trust Fund.

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

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February 9, 2006

Opinion responding to a request of guidance on interpretation of section 59-63-30 of the South Carolina Code.

Requested by: The Honorable Inez Moore Tenenbaum, State Superintendent of Education, State of South Carolina Department of Education

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February 8, 2006

Opinion regarding the South Carolina Firefighter Mobilization Oversight Committee (the “Committee”) and the interpretation of sections 23-49-60(A) and 23-49-70 of the South Carolina Code.

Requested by: Adrienne Riggins Youmans, Director, South Carolina Department of Labor, Licensing and Regulation

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February 6, 2006

Opinion questioning whether the Georgetown County Board’s (“the Board”) current bylaws remain valid, according to Act No. 200 and 591, and whether the Board is authorized to change or adopt new bylaws.

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

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February 3, 2006

Opinion concerning the use of local hospitality tax revenues by a municipality pursuant to South Carolina Code Section 6-1-730.

Requested by: Kelly Knight Byrd, Esquire

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February 3, 2006

Opinion concerning the applicability of § 16-3-20(C)(a)(1)(I) [“the murder was committed while in commission of…(I) dismemberment of a person”] to a situation where the dismemberment occurred more than one month after the victim was killed and buried [ and the purpose of the killing was not for the dismemberment of the body].

Requested by: Barry J. Barnette, Principal Deputy Solicitor, Seventh Judicial Circuit, Spartanburg County Courthouse

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February 2, 2006

Opinion concerning the legality of a plan by Dutch Fork High School to raise funds for the construction of an athletic field house.

Requested by: Carolyn Hatcher, Director, Charities Division, Secretary of State’s Office

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February 1, 2006

Opinion questioning whether a county council is authorized to create an ordinance against speeding along with establishing civil penalties and remedies for that violation. Also whether it is then legal for the law enforcement agency with jurisdiction to send citations to the registers owner by certified mail.

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

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February 1, 2006

Opinion requesting an interpretation of section 61-4-1115 of the South Carolina Code.

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

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February 1, 2006

Opinion questioning whether posting service of progress on a defendant’s home is allowed in service of papers in claim and delivery actions brought in magistrates’ courts.

Requested by: The Honorable Eugene Cooper, Chief Magistrate, Florence County

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January 30, 2006

Opinion regarding the pupil enrollments and transfers referencing S.C. Code Ann. §§ 59-63-480 and 59-63-490.

Requested by: Kenneth L. Childs, Esquire

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January 26, 2006

Opinion questioning whether a privately owned restaurant fits within the definition of a “public indoor area” for purposes of such Act and whether further municipal action is preempted by such legislation.

Requested by: R. Allen Young, Esquire

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January 26, 2006

Opinion questioning whether a school bus supervisor is required by law to report to the Department of Social Services or law enforcement allegations or evidence of sexual abuse.

Requested by: Michael D. Morin, Assistant Solicitor, Seventh Judicial Circuit, Spartanburg County Courthouse

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January 26, 2006

Opinion regarding the expenditure of funds by the South Carolina Department of Natural Resources (the “SCDNR”) from the Water Recreational Resources Fund (WRRF) of the State of South Carolina “for the dredging of accumulated sediment in Saluda Lake in Greenville and Pickens Counties.”

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

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January 25, 2006

Opinion questioning whether an individual employed by the Department of Juvenile Justice as the Deputy Director of Community Services may simultaneously serve as a part-time magistrate.

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

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January 24, 2006

Opinion concerning the State Board of Pharmacy’s (the “Pharmacy Board”) interpretation of certain provisions under the Pharmacy Practice Act (the “Act”).

Requested by: The Honorable Darrell Jackson, Member, SC Senate

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January 24, 2006

Opinion regarding the General Assembly’s appropriation of the Cost of Living Adjustment (COLA) to state agencies.

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

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January 24, 2006

Opinion regarding two petitions received by Colleton County Council (the “ Council”).

Requested by: Carol L. Clark, Esquire

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January 20, 2006

Opinion regarding recent “action by the State Board of Education concerning their repeal of the South Carolina Biology Standards and along with the restitution of the 2000 Biology Standards.”

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

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January 19, 2006

Opinion questioning the liability for trainers in the use of an automated external defibrillator (“AED”).

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

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January 18, 2006

Opinion questioning whether an individual may serve simultaneously as a member of the State Regional Housing Authority No.1 and as a county councilman.

Requested by: T. Marion Robinson, Assistant Executive Director, SC Regional Housing Authority No. 1

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January 12, 2006

Opinion requesting as to the constitutionality of the proposed legislation; “a special tax review committee appointed by various local elected entities to approve any increases in ad valorem tax millage proposed by the Berkley County Board of Education for the School District of Berkley County.” Request made on behalf of Rep. Shirley Hinson who wishes to introduce the legislation.

Requested by: The Honorable Stephen T. Draffin, Code Commissioner and Director, SC Legislative Council

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January 11, 2006

Opinion regarding the legality of the establishment of the Foundation (the “Foundation”) by the Union City Council, and whether the Foundation initially may be funded with the insurance proceeds held by the City.

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

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January 11, 2006

Opinion questioning whether the Department of Corrections is required to transfer its current vending machine operations to the State Commission for the Blind.

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

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January 11, 2006

Opinion regarding Tax Increment Financing (TIF) and the use of such funding mechanism by the city of Easley.

Requested by: The Honorable Shirley Jones, Chairperson, Board of Trustees, Pickens County School District

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January 11, 2006

Opinion regarding “the legal ability of local governments to establish a local housing trust fund that is funded by a permanent dedicated tax or fee on local revenues.”

Requested by: The Honorable Alan D. Clemmons, Member, House of Representatives

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January 6, 2006

Opinion regarding the constitutionality of using Judicial Circuits for appointing board members.

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

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January 5, 2006

Opinion questioning enforcement authority to all-terrain vehicles (ATVs).

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

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January 4, 2006

Opinion questioning whether any state laws would prelude an adult under the age of twenty-one from working as an evidence room custodian.

Requested by: Lt. Gerald Carter, Orangeburg County Sheriff’s Office

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January 4, 2006

Opinion questioning whether a uniform traffic summons can serve as the charging document for the offense of criminal domestic violence (“CDV”), 1st offense.

Requested by: Timothy Ford, Chief of Police, Eastover Police Department

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January 3, 2006

Opinion regarding removal of a member of the Greenville County Board of Special Needs and Disabilities.

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January 3, 2006

Opinion regarding removal of a member of the Greenville County Board of Special Needs and Disabilities.

Requested by: Mark W. Tollison, Esquire

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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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