2008 Opinions

December 23, 2008

Opinion regarding the Beaufort County Sheriff’s Office policy “regarding access to police reports and the Freedom of Information Act.”

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

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December 18, 2008

request for an opinion as a municipality’s requirement to provide water and sewer service to a nonresident.

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

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December 18, 2008

Opinion concerning dual office holding. An individual holds positions on the Cherokee County Commission on Alcohol and Drug Abuse, the local Cherokee County Foster Care Review Board, and the board for the Division for Review of the Foster Care of Children in the Governor’s office.

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

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December 17, 2008

Opinion questioning whether of member of a municipal election commission can vote his or her personal knowledge during a protested hearing.

Requested by: The Honorable Phillip E. Clardy, Mayor, Town of Williamston

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December 16, 2008

Opinion questioning the applicability of S.C. Code Ann. § 22-5-115 to licensed security guards.

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

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December 11, 2008

Opinion regarding a proposed ordinance which states “ the area designated or the sidewalk café shall be considered an extension of the business.” And whether a liquor license can be extended to allow for sales of alcoholic beverages to customers who dine on the sidewalk.

Requested by: Scott Dadson, City Manager, City of Beaufort

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December 8, 2008

Opinion regarding the “statutory foundation for the Greenville Council’s authority to appoint the Greenville Technical College Board of Commissioners and/or the statutory authority for a change of appointment responsibility from the Greenville County Council to the Greenville Legislative Delegation.”

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

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December 5, 2008

Opinion questioning whether a member of the Anderson County Fire Protection Commission may also serve as a member of the Anderson County Council.

Requested by: Chief Billy Gibson, Anderson County Fire Protection Commission

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December 3, 2008

Opinion regarding the imposition of sewer fees by a county on county residents who do not receive sewer service.

Requested by: The Honorable B. R. Skelton, Member, House of Representatives

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December 2, 2008

Opinion concerning the effect of the William C. Mescher Local Housing Trust Fund Enabling Act of 2007 (“the Act”) on the operations of the Trust.

Requested by: The Honorable Leon E. Stavrinakis, Member, House of Representatives

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December 2, 2008

Opinion concerning implementation of the new state building code by municipalities and counties in South Carolina.

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

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December 2, 2008

Opinion concerning the interpretation of section 56-7-80 which provides for a county or municipal ordinance summons to be used for the enforcement of county aid and municipal ordinances.

Requested by: Bradley T. Farrar, Esquire

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December 2, 2008

Opinion concerning Western Carolina Regional Sewer Authority’s (“WCRSA’s”) ability to allow other utilities and third parties to use its right-of-way.

Requested by: Cathy D. Caldwell, CPA, Adminstrative Finance Director, Western Carolina Regional Sewer Authority

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December 2, 2008

Requested by: The Honorable Floyd Breeland, Member, House of Representatives

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November 18, 2008

Opinion regarding the South Carolina Illegal Immigration Reform Act. Specifically, you inquire as to whether public agencies and political subdivisions are limited to use of the Systematic Alien Verification of Entitlement System (“SAVE”) to verify the lawful presence in the United States of all applicants for state or local public benefits.

Requested by: Adrienne R. Youmans, Director, South Carolina Department of Labor, Licensing and Regulations

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November 7, 2008

Opinion concerning the organization and authority of the Richland County Recreational District (‘the District”). Specifically, management of day-to-day operations and the responsibility of providing supplies and equipment.

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

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November 12, 2008

Opinion questioning whether school districts are required to have a State Department of Education State school bus inspection or are districts within the law if they have only the federal DOT inspection on district owned buses.

Requested by: Bill Kurts, Coordinator of Transportation, Florence School District One

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November 5, 2008

Opinion regarding the closure of a potion of Lewis Drive in Anderson County.

Requested by: The Honorable William H. O’Dell, Member, SC Senate

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November 4, 2008

Opinion concerning Richland County’s (the “County’s”) ability to use hospitality tax revenue to fund a transit system in the County.

Requested by: Larry C. Smith, Esquire

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November 4, 2008

Opinion interpreting section 8-21-770 of South Carolina and whether an opinion issued by this Office in 1981 remains valid.

Requested by: The Honorable A. Shane Massey, Member, SC Senate

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October 31, 2008

Opinion regarding the provisions of Act No. 333 of 2008, the Sex Offender Residency Registration Act. Specifically, questioning the restrictions on local governments implementing a distance requirement regarding the residency requirements of sex offenders either more or less than one thousand feet provided for by the Act.

Requested by: The Honorable Joan Brady, Member, House of Representatives

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October 28, 2008

Opinion questioning whether a member of the New Ellenton city council who lives in an area no longer considered a part of or annexed to the City of New Ellenton, may continue to serve out his term of office or does he have to resign.

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

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October 28, 2008

Opinion questioning whether the Stinger System S-200 electronic control device can be used by law enforcement in this State.

Requested by: John E. Ewing Jr., Chief of Police, City of Bishopville

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October 28, 2008

Opinion regarding an economic development project Laurens County is considering funding.

Requested by: A. Sandy Cruickshanks IV, Esquire

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October 27, 2008

Opinion questioning whether magistrates who do National Guard or Army Reserves duty and training for a consecutive period of four to ten weeks, still draw full-time pay while they are absent from work.

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

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October 23, 2008

Opinion questioning as to “whether or not to count an absentee ballot cast by a voter who died after submitting the ballot.”

Requested by: Marci Andino, Executive Director, South Carolina State Election Commission

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October 20, 2008

Opinion concerning an interpretation of S.C. Code Ann. Section 12-54-240.

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

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October 17, 2008

Opinion regarding the interpretation of S.C. Code Ann. § 47-1-40.

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

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October 17, 2008

Opinion questioning the inspection of school buses of local school districts and private school buses. And whether the laws requiring inspection applies to activity or school buses of local school districts which purchase and maintain these buses without assistance from the State Department of Education.

Requested by: Bill Kurts, Coordinator of Transportation, Florence School District One

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October 16, 2008

Opinion regarding S.C. Code Ann. §7-13-430(A) which regulates the placement and number of emergency paper ballots available in precincts utilizing voting machines.

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

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October 16, 2008

Opinion regarding S.C. Code Ann. § 7-13-430(A) which regulates the placement and number of emergency paper ballots available in precincts utilizing voting machines.

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

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October 16, 2008

Opinion questioning whether a county board of registration is authorized to establish places other than the office of the county board of registration at which absentee ballots may be cast prior to the date of the general election.

Requested by: James M. Holly, Esquire

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October 13, 2008

Opinion as to “whether the agency’s current written policy banning political activity on its property will withstand constitutional scrutiny”.

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

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October 8, 2008

Opinion concerning whether or not the Greenville-Spartanburg Airport District (“the District”) should be taxed on property it owns, but which is leased to a private party.

Requested by: J. Garrett Jackson, A.A.E., Executive Director, Greenville-Spartanburg Airport Commission

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October 10, 2008

Opinion regarding the applicability of S.C. Code Ann. § 56-5-195, known as “Jacob’s Law”, to former charter buses presently owned and operated by the school district which were purchased by the Lugoff-Elgin band.

Requested by: The Honorable Joel Lourie, Member, SC Senate and The Honorable Laurie Slade Funderburk, Member, House of Representatives

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October 8, 2008

Opinion concerning “the impact of S.C. Code Ann. §§ 6-11-273 and 6-11-275 on the ad valorem property tax millage rate levied by the Slater-Marietta Fire District.”

Requested by: The Honorable Lewis R. Vaughn, Member, SC Senate

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October 8, 2008

October 8, 2008
Opinion regarding the banning of smoking on a beach.

Requested by: The Honorable K. Allen Deaton, Mayor, Town of Surfside Beach

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October 8, 2008

Opinion concerning the validity of contracts between the South Carolina Commission for the Blind and public agencies; specifically if it supersedes Social Services Regulation 43-26-50.

Requested by: Barbara L. Skinner, Business Enterprise Director, South Carolina Commission for the Blind

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September 30, 2008

Opinion questioning whether an individual can be accepted into a pretrial intervention program without being arrested.

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

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September 30, 2008

Opinion regarding campaign literature and materials such as campaign t-shirts, hats, pins, etc. being displayed or worn in an absentee precinct and/or other polling placing.

Requested by: Marci Andino, Executive Director, State Election Commission

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September 25, 2008

Opinion regarding the issue of determining the time of death of patients who are being sustained on life support after being declared brain dead.

Requested by: The Honorable Gary Watts, Coroner, Richland County

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September 25, 2008

Opinion concerning “the appropriateness of methodology utilized in the County to calculate the incremental increase tax revenue (‘TIF Revenue’) generated within a tax increment financing district established by the Town ordinance.

Requested by: Francenia B. Heizer, Esquire

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September 25, 2008

Opinion regarding recent amendments to S.C. Code Ann. § 5-7-12(A).

Requested by: Rosalyn W. Frierson, Director, South Carolina Court Administration

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September 25, 2008

Opinion regarding “law enforcement officers who…seize property and money without making arrests and immediately refer these matters to the Federal Government.”

Requested by: The Honorable Issac McDuffie Stone III, Solicitor, Fourteenth Judicial Circuit

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September 24, 2008

Opinion questioning whether Supreme Court Justices, Judges of the Court of Appeals, Judges of the Circuit Courts, and Judges of the Family Courts are required to have individual bonds, or whether they can be covered under the Judicial Departments’ blanketed bond.

Requested by: Julie Boland, South Carolina Judicial Department

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September 23, 2008

Opinion regarding transporting private school students on state-owned buses from Edisto Beach to Walterboro along with public school students who are transported daily along that route.

Requested by: The Honorable Jim Rex, Superintendent of Education

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September 22, 2008

Opinion regarding a proposed Jasper County ordinance prohibiting persons from within the County from wearing their pants more than three inches below their hips.

Requested by: Marvin C. Jones, Esquire

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September 19, 2008

Opinion questioning whether the population determination required under section 5-1-30 (B)(1) of the South Carolina Code requires population to be that as determined by the latest official United States Census or whether it can be based upon “the assumption of growth in the absence of the census in Section (B)(1)?”.

Requested by: Bobby Bowers, Director, South Carolina Budget and Control Board

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September 19, 2008

Opinion regarding the propriety of procedures regarding assets forfeiture pursuant to S.C. Code Ann. §§ 44-53-520 et seq.

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

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September 19, 2008

Opinion referencing the provisions of S.C. Code Ann. § 27-37-30 regarding service of process in an ejectment proceeding.

Requested by: The Honorable Thomas E. Taylor, Magistrate

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September 15, 2008

Opinion regarding the interpretation of S.C. Code Ann. § 23-11-110 which deals in part with the years of experience that an individual must have in order to offer his candidacy for the office of sheriff.

Requested by: Hubert F. Harrell, Director, South Carolina Criminal Justice Academy

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September 15, 2008

Opinion questioning whether a licensed medical doctor who has been trained in acupuncture under AMA credits and who has practiced acupuncture for many years is now prohibited form performing such procedures because provisions of S.C. Code Ann. §§ 40-47-700 et seq., the “Acupuncture Act of South Carolina”.

Requested by: The Honorable Vincent A. Sheheen, Member, SC Senate

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September 12, 2008

Opinion regarding “moving the criminal court from the City-County Complex in Florence to a site in Effingham, which is not inside the City of Florence…”.

Requested by: The Honorable James T. Schofield, Member, Florence County Council

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September 8, 2008

Opinion concerning “whether the Employment Security Commission is authorized under State law to expend funds for the purpose stated in the donation request.”

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

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September 8, 2008

Opinion “as to whether school districts that were recipients of funding under the Public Choice Innovation Schools (PCIS) grant program in 2007-08 (funded through proviso 1A.69)…may carry forward those funds to the current school year.”

Requested by: The Honorable Jim Rex, Superintendent of Education

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September 4, 2008

Opinion regarding S.C. Code Ann. § 23-1-225 which states that “[u]pon retirement, state law enforcement officers may retain their commissions in retired status with all rights and privileges, including the right to retain their service weapons issued while serving in active duty status.”

Requested by: Eddie Briggs, Assistant Chief, Lander University Police

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August 28, 2008

Opinion regarding S.C. Code Ann. § 47-1-40 as last amended by Act No. 259, specifically, whether agricultural pursuits and activities involving fowl, accepted animal husbandry practices of farm operations and the training of animals, the practice of veterinary medicine, agricultural practices, forestry and silvacultural practices, wildlife management practices, or activity authorized by Title 50 are exempted from prosecution under Section 47-1-40 by the language set forth in subsection (C).

Requested by: The Honorable J. David Weeks, Member, SC House of Representatives

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August 27, 2008

Opinion concerning landfills. Particularly, if the Department of Health and Environmental Control commissioners have the authority to place a moratorium on issuing permits for construction and debris landfills until such time as relevant regulations are amended. Also, if there is anything that would prevent existing permits for construction and debris landfills from being made subject to any change in regulations.

Requested by: The Honorable Dennis Carroll Moss, Member, SC House of Representatives

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August 21, 2008

Opinion questioning whether the Bamberg city ordinance prohibiting an open container can be enforced in a parking lot that is not posted pursuant to S.C. Code Ann. § 23-1-15.

Requested by: Chief George Morris, chief of Police, Bamberg Police Department

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August 18, 2008

Opinion regarding regarding the amendment to S.C. Code Ann. § 22-5-110 as set forth in Act No. 346 of 2008 and whether State law permits the courtesy summons to be delivered via certified mail.

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

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August 18, 2008

Opinion regarding how to increase the membership on the Belvedere Fire District’s Board of Commissioners.

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

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August 18, 2008

Opinion “relating to fees that municipalities charge to non-resident customers of their water and sewer services.”

Requested by: The Honorable Ted Pitts, Member, SC House of Representatives

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August 18, 2008

Opinion regarding the amendment to S.C. Code Ann. § 22-5-110 as set forth in Act No. 346 of 2008. Specifically, whether the requirement for a courtesy summons applies to a business when the bad check itself represents prima facie evidence that a crime has been committed. And whether such requirement applies when an individual has been detained for shoplifting.

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

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August 14, 2008

Opinion concerning voting procedures for the State Health Planning Committee (the “Committee”). Specifically, you inquire as to whether the Committee “violated the South Carolina Freedom of Information Act in the conduct of a June 27, 2008 public meeting by utilizing a written ballot procedure with ballots not being available at the meeting and by counting a proxy vote from a member not present at the meeting.”

Requested by: The Honorable Nikki G. Setzler, Member, SC Senate

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August 13, 2008

Opinion concerning the residence of on one of the Town of Fort Mill’s councilmembers who was elected in November of 2007.

Requested by: B. Bayles Mack, Esquire

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August 13, 2008

Opinion regarding whether the South Carolina Department of Natural Resources (“DNR”) “is authorized to grant funds or title to or an interest in real property purchased with funds, from the State Mitigation Trust Fund (the Fund) to a local non-profit land trust.”

Requested by: John E. Frampton, Director, SC Department of Natural Resources

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August 7, 2008

Opinion regarding the amendment to S.C. Code Ann. § 22-5-110 as set forth in Act No. 346 of 2008. Specifically, whether the courtesy summons authorized by Section 22-5-110 must be used for summary level crimes involving victims when the affiant is non-law enforcement personnel and whether anyone other than a Class 1 law enforcement officer has the authority to request a misdemeanor summary level arrest warrant.

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

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August 5, 2008

Opinion questioning requesting an opinion of this Office concerning the South Carolina Department of Corrections’ (“SCDC’s”) “practice of denying inmates access to food as punishment for rule violations.”

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

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August 5, 2008

Opinion questioning whether serving on the Commission for Lawyer Conduct (the “Commission”) and serving on the Florence/Darlington Technical Center Area Commission (the “Technical Center Commission”) “[w]ould constitute dual office holding?”

Requested by: Marian D. Nettles, Esquire

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July 31, 2008

Opinion regarding the amendment to S.C. Code Ann. § 22-5-110 as set forth in Act No. 346 of 2008 (Courtesy Summons).

Requested by: Robert L. McCurdy, Esquire

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July 30, 2008

Opinion regarding the residency requirement for members of the Cheraw Town Council (“Town Council”).

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

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July 28, 2008

Opinion concerning an issue arising out of the Commission’s efforts along with the North Carolina Boundary Commission to re-establish the boundary line between North Carolina and South Carolina.

Requested by: Sidney C. Miller, Chairman, South Carolina Boundary Commission

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July 28, 2008

Opinion regarding a $72,600 award by the County Council of Florence County (the “County Council”) “to put a new roof on a building in Timmonsville, S.C. owned by Faith Life Ministries (tax exempt)…”.

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

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July 11, 2008

Opinion concerning Horry County’s (the County’s) position that the director of the Horry County Library System must report to both the Library Board of Trustees (the “Board”) and the Division Director of Administration for the County.

Requested by: David S. Goble, Director, South Carolina State Library

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July 9, 2008

Opinion regarding the legality of a builder’s inventory being marketed and transferred through ticket sales on the internet giving buyers of the tickets a chance to win a home from the builder.

Requested by: The Honorable Thad Viers, Member, SC House of Representatives

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July 9,2008

Opinion questioning the propriety of magistrates conducting bond hearings for violations of a conditional release authorized by S.C. Code Ann. § 24-19-150.

Requested by: Tiffany B. Raines, Esquire

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July 9, 2008

Opinion regarding parking for handicapped persons and S.C. Code Ann. § 56-3-1960. Questioning whether the provision regarding “timed parking” includes event parking.

Requested by: The Honorable Robert W. Harrell, Jr. Speaker of the House, SC House of Representatives

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July 9, 2008

Opinion regarding the Forfeited Land Commission in Chester County and Title 12 of the South Carolina Code provisions.

Requested by: Joan Elizabeth Winters, Esquire

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July 1, 2008

Opinion concerning the interpretation of a recent amendment to section 15-41-30 of the South Carolina Code.

Requested by: The Honorable Stephen T. Draffin, Code Commissioner and Executive Director, South Carolina Legislature Council

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June 26, 2008

Opinion concerning a question regarding the age of Bishop Preston Warren Williams, presiding Prelate of the 7th Episcopal District of the African Methodist Episcopal Church.

Requested by: The Honorable J. Yancey McGill, Member, SC Senate

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June 25, 2008

Opinion concerning financing a water system or expansion of a water system with proceeds generated by the CPST Act directly, or through a County municipality, public service district, special purpose district, or other non-profit water company.

Requested by: Thomas L. Martin, Esquire

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June 24, 2008

Opinion concerning the enforceability of Dorchester County Ordinance 89-10 entitled “Regulation of Nuisance” and Ordinance 99-02 entitled “Littering” where not all areas of the county are zoned.

Requested by: The Honorable Annette D. Young, Member, House of Representatives

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June 13, 2008

Opinion concerning the removal of a county veterans affairs officer from office.

Requested by: The Honorable Dennis Moss, Member, House of Representatives

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June 11, 2008

Opinion concerning dual office holding in which a Chester County Sheriff’s Department deputy is also a school resource officer and was elected to the Great Falls Town Council.

Requested by: Brian T. Grier, Esquire

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June 11, 2008

Opinion regarding the constitutionality of H.3159, R-370 “a bill adopted by the General Assembly … allowing local bodies to display certain historical documents…” .

Requested by: Scott D. English, Chief of Staff, Office of the Governor

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June 9, 2008

Opinion questioning what felonies would fall within the category of “dishonesty” or “breach of trust” in reference to 18 U.S.C. § 1033(e)(1)(A).

Requested by: David E. Belton, Esquire

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June 5, 2008

Opinion concerning the interpretation of the term “resident freeholders” as used in section 5-3-280 of the South Carolina Code. Specifically, whether this term includes illegal aliens owning property in a district.

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

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June 5, 2008

Opinion concerning the correct nominating and election procedure to be utilized due to the death of unopposed Republican nominee for Coroner of Newberry County Mr. Tommy Hedgepath.

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

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June 3, 2008

Opinion referencing a May 8, 2008 opinion requested by Senator John M. Knotts, concerning the authority of Councils of Governments (“COGs”) under state law.

Requested by: The Honorable Chip Campsen, Member, SC Senate

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May 30, 2008

Opinion asking this office to advise SLED of the offenses that would be categorized as Tier 3 offenses according to State law.

Requested by: Major Carlotta C. Stackhouse, South Carolina Law Enforcement Divison

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May 30, 2008

Opinion regarding the authority of the Commissioners of Public Works of the City of Greenwood (the “CPW”) to transfer property.

Requested by: W. Lee Roper, Esquire

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May 30, 2008

Opinion concerning the Executive Order by the Governor to suspend York County Coroner Douglas McKown.

Requested by: Melvin B. Mckeown, Jr., Esquire

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May 30, 2008

Opinion concerning the State’s “blue laws”, S.C. Code Ann. § 53-1-5 et seq., and the sale for off premises consumption of beer and wine at permitted locations twenty-four hour a day authorized pursuant to S.C. Code Ann. § 61-4-510(A).

Requested by: Jeff M. Anderson, Esquire

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May 23, 2008

Opinion concerning R.D. Anderson Applied Technology Center ( “R.D. Anderson”); specifically, several questioning dealing the with the Board’s ability to finance the capital improvements.

Requested by: Sherri Yarborough, Director and Melba Banton, Chairperson of the Board, R.D. Anderson Applied Technology Center

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May 21, 2008

Opinion concerning local option sales taxes. Specifically, whether “Richland County can add another one-cent sales tax for a special purpose?”.

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

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May 15, 2008

Opinion concerning the legality of documents and custody arrangements not ordered by a court.

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

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May 14, 2008

Opinion concerning public access to navigable waters from the right-of-way of a public road.

Requested by: The Honorable Harry Catoe, Member, House of Representatives

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May 14, 2008

Opinion concerning the Governor’s Executive Order No. 2007-14 and “whether there is any legal basis to support this legislative division’s request that all spending data related to legislative departments to be removed from the Spending Transparency website…”.

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

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May 8, 2008

Opinion on the authority of the Berkeley, Charleston, and Dorchester Council of Governments (the “COG”).

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

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May 8, 2008

Opinion concerning “whether a school district is allowed to require a teacher to accept an employment contract prior to April 25.”

Requested by: The Honorable Jim Rex, State Superintendent of Education

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May 7, 2008

Opinion concerning the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the rights of the police to disclosed information of a patient and/or patron.

Requested by: Lance C. Crowe, Chief of Police, Travelers Rest Police Department

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May 6, 2008

Opinion concerning membership on the Sumter Consolidation Transition Committee (the “Transition Committee”).

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

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May 5, 2008

Opinion requesting the review of S.C. Code Ann. § 22-5-910.

Requested by: Lieutenant Joe Means, South Carolina Law Enforcement Division

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May 1, 2008

Opinion concerning a change in the form of the City of Hardeeville’s government.

Requested by: David L. Tedder, Esquire

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April 24, 2008

Opinion regarding whether “South Carolina Citizens for Life, Inc. aka Choose Life S.C. has met all requirements of S.C. Code Section 56-3-8000 for issuance of a license plate in its name.”

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

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April 21, 2008

Opinion concerning the one-cent local option sales tax statute. Specifically, to clarify “whether the current statute permits voters in a single county to put both one-penny local option sales taxes in place.”

Requested by: The Honorable Ted Pitts, Member, House of Representatives

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April 21, 2008

Opinion questioning whether S.C. Code Ann. Section 22-3-230 which states that “[e]ither party to a suit before a magistrate shall be entitled to a trial by jury” would change the result of a previous opinion dated March 19, 2008. That opinion dealt with the question of whether a defendant in a restraining order hearing pursuant to S.C. Code Ann. 16-3-1750 et seq. has the right to a jury trial.

Requested by: The Honorable C. Ryan Johnson, Magistrate, Greenwood County

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April 17, 2008

Opinion questioning whether a certified deputy officer can operate a business with his wife as a citizen which provides drug sweeps of schools and business using his own personal drug sniffing dog.

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

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April 7, 2008

Opinion questioning whether there is a time restriction on when handicapped parking enforcement is permissible.

Requested by: The Honorable James R. Metts, Sheriff, Lexington County

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April 7, 2008

Opinion referencing S.C. Code Ann. 56-5-730 and questioning whether such provision establishes a criminal offense, particularly, whether a police officer could issue a ticket under this provision and whether a solicitor could use this statute for plea bargaining.

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

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April 7, 2008

Opinion regarding the special tax district created in Savannah Lakes Village (“SVP”) by McCormick County Ordinance.

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

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April 7, 2008

Opinion regarding sentencing after a post conviction relief hearing. Can an individual receive a longer sentence than his original sentence?

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

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April 4, 2008

Opinion questioning “whether an internal auditor for Anderson County, which operates under the council/administrator form of government, may be employed by and supervised by Anderson County Council, directly, or whether such internal auditor must be under the direction and control of the Anderson County Administrator.”

Requested by: Thomas L. Martin, Esquire

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April 2, 2008

Opinion regarding the “qualification of a school board trustee who has been adjudicated as failing to comply with specific provisions of the South Carolina Ethics Act.”

Requested by: The Honorable Alvin Maynor, Chairman, Bamberg School District Two Board of Trustees

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April 2, 2008

Opinion questioning if 6% assessment ratio owners of owner-occupied residential property are entitled to property tax relief (exempt from property taxes imposed for school operating purposes) as a result of the passage of Act Number 388 of 2006.

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

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April 2, 2008

Opinion regarding providing the names and badge numbers of all officers employed by Rock Hill Police Department who work openly with the public.

Requested by: Ken Fields, Investigator, Office of Professional Standards

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March 27, 2008

Opinion questioning whether S.C. Code Ann. 56-1-85 would prohibit private industry from requesting an exemption from implementation of the REAL ID Act as it relates to their security clearance practices.

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

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March 27, 2008

Opinion questioning whether S.C. Code Ann. 56-1-85 would prohibit private industry from requesting an exemption from implementation of the REAL ID Act as it relates to their security clearance practices. Read full opinion Requested by: The Honorable Bill Sandifer, Member, House of Representatives

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March 24, 2008

Opinion concerning the ramifications to the State of South Carolina of the federal Real ID Act of 2005. Requested by: The Honorable Mark Sanford, Governor of the State of South Carolina Read Full Opinion

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March 24, 2008

Opinion regarding S.C. Code Ann. 16-17-490 and the propriety of the use by law enforcement officers of a seventeen year old informant to arrange and make a purchase of a controlled substance. Requested by: Marvin Brown, Commander, York County Multijurisdictional Task Force Read Full Opinion

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March 19, 2008

Opinion concerning who has the authority to enforce S.C. Code Ann. 7-9-50. Requested by: Chris Whitmire, Public Information Officer, South Carolina State Election Commission Read Full Opinion

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March 19, 2008

Opinion which references provisions S.C. Code Ann. 16-3-1750 through 16-3-1800 and questions whether a defendant in a restraining order hearing has the right to a jury trial. Requested by: The Honorable C. Ryan Johnson, Magistrate, Greenwood County Read Full Opinion

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March 17, 2008

Opinion questioning whether a felon or an individual with a CDV conviction may hunt with a muzzleloader in South Carolina. Requested by: The Honorable John M. Knotts, Jr., Member, SC Senate Read Full Opinion

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March 14, 2008

Opinion requesting an interpretation of S.C. Code Ann. 23-3-115 with regard to the costs of disseminating criminal history record information (CHRI) at a reduced fee to the South Carolina Association of Personal Care Providers (“ the Association”). Requested by: Major Mark A. Keel, South Carolina Law Enforcement Division Read Full Opinion

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March 10, 2008

Opinion questioning the validity of a fee used to pay for fire and rescue protection in Allendale County, as it applies to all real property and the position has been taken that an acre is not a valid indicator of the users of the fee being collected. Requested by: Walter H. Sanders, Jr., Esquire, Allendale County Attorney Read Full Opinion

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March 10, 2008

Opinion regarding recent action by the Denmark-Olar School District Two Board of Trustees (“ the Board”) regarding their per diem pay. Requested by: Alvin Maynor, Chairman, Board of Trustees, Bamberg School District Two Read Full Opinion

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March 7, 2008

Opinion concerning whether a state employee whose job responsibilities include supervising forest firefighters and performing law enforcement activities also fulfill responsibilities as a county councilman. Requested by: Charles H. Smith, South Carolina Forestry Commission Read Full Opinion

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March 7, 2008

Opinion questioning the applicability of S.C. Code Ann. 56-5-195, known as “Jacob’s Law”, to three charter buses purchased by the Mid-Carolina High School Band Booster Club. Requested by: The Honorable Ronnie W. Cromer, Member, SC Senate and The Honorable Walton J. McLeod, Member, House of Representatives Read Full Opinion

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March 6, 2008

Opinion questioning the legality of police checkpoints and roadblocks. Requested by: The Honorable William D. Witherspoon, Member, House of Representatives Read Full Opinion

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March 6, 2008

Opinion questioning whether a Barnwell County salaried employee can also legally serve as clerk of court. Requested by: Debra Fickling, Barnwell County Read Full Opinion

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March 6, 2008

“Opinion regarding two statutory provisions (S.C. Code Ann. 8-11-30 and 8-11-35) that affect the statewide payroll that [your] …Office processes and …. the Department of Mental Health’s inability to recruit and retain adequate numbers of nursing staff”. Requested by: The Honorable Richard Eckstrom, Comptroller General, State of South Carolina Read Full Opinion

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March 6, 2008

Opinion questioning whether the local legislative delegation of Myrtle Beach or Horry County has the authority to create the airport authority and at what cost. Requested by: The Honorable Raymond E. Cleary III, Member, SC Senate Read Full Opinion

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March 4, 2008

Opinion on Section 7-13-15 of the South Carolina Code. Requested by Mr. Michael Young, Director of Registration & Elections, Florence County Voter Registration and Elections Commission. Read full opinion.

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March 3, 2008

Opinion concerning the interpretation of S.C. Code Annotated Sections 5-9-10 through 5-9-40. Requested by: Lee Zimmerman, Esquire, Blythewood Town Attorney Read Full Opinion

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February 29, 2008

Opinion questioning the law in South Carolina regarding the purchase of ammunition. Requested by: The Honorable Nelson L. Hardwick, Member, House of Representatives Read Full Opinion

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February 26, 2008

Opinion regarding Allendale County wanting to require CSX Railroad to open the Boogaloo Railroad Crossing north of Sycamore in Allendale County. Requested by: Walter H. Sanders, Jr., Esquire Read Full Opinion

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February 25, 2008

Opinion regarding the legality of the form of school district governance by the Horry County School District referred to as “Policy Governance”. Requested by: The Honorable The Honorable Raymond E. Cleary, III, Member, SC Senate Read Full Opinion

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February 20, 2008

Opinion regarding the validity of school facility impact fees imposed by York County. Requested by: The Honorable Chauncey K. Gregory, Member, SC Senate Read Full Opinion

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February 19, 2008

Opinion questioning whether filing of election candidates is to be opened on March 16th and close March 30th, though both dates are on Sundays in 2008 in relation to S.C. Code Ann. 7-11-15. Requested by: Marci Andino, Executive Director, South Carolina Election Commission Read Full Opinion

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February 15, 2008

Opinion questioning whether a defendant has completed his entire sentence of the court if he served his jail time but did not pay his fine, and if not, what is the proper procedure to ensure that the defendant complies with the entire sentence. Requested by: The Honorable D. W. Cannon, Judge, Honea Path Municipal Court Read Full Opinion

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February 5, 2008

Opinion questioning the types of restrictions that a homeowners’ association may place on homeowners generally. Requested by: The Honorable Raymond E. Cleary, III, Member, SC Senate Read Full Opinion

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February 4, 2008

Opinion as to whether “simultaneous service by an individual on the Savannah River Maritime Commission and the Jasper Ocean Joint Project Office Board [would] be a violation of the South Carolina Constitution prohibition on dual office holding set forth in Article XVII section 1A”. Requested by: The Honorable Robert W. Harrell, Jr., Speaker of the House, House of Representatives Read Full Opinion

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January 28, 2008

Opinion questioning, whether it is appropriate for the Town of Pendleton to assess property taxes against a disabled property owner in the same manner as all other citizens. Requested by: Daniel L. Draisen, Esquire Read Full Opinion

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January 24, 2008

Opinion regarding the arrest of out-of-state offenders who are supervised in South Carolina pursuant to the Interstate Compact for Adult Offender Supervision (the Compact). Requested by: Teresa A. Knox, Esquire Read Full Opinion

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January 22, 2008

Opinion clarifying our December 5, 2007 opinion, which concluded, “that the Town of Summerville may enforce its sign ordinance in state rights of way”. Requested by: The Honorable Randy Scott, Member, SC Senate Read Full Opinion

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January 18, 2008

Opinion questioning the legality of serving as chairman of the Dillon County Democratic Party and holding a seat on the Dillon County Council. Requested by: James E. Moultrie Read Full Opinion

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January 17, 2008

Opinion concerning a constituent who is serving as a member of the Bennettsville City Council and has been offered the position of Town Manager in Kingstree and if this constitutes as dual office holding. Requested by: The Honorable Kent M. Williams, Member, SC Senate Read Full Opinion

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January 16, 2008

Opinion questioning the applicability of S.C. Code Ann. 15-3-530 which establishes the statute of limitations to the Treasurer’s office responsibility for receiving court assessments pursuant to S.C. Code Ann. 14-1-206 through 14-1-208. Requested by: The Honorable Converse A. Chellis III, Treasurer, State of South Carolina Read Full Opinion

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January 15, 2008

Opinion questioning the authority of the Greenwood County Sheriffs’ office enacting county ordinances. Requested by: Jeffrey B. Moore, Executive Director, South Carolina Sheriffs’ Association Read Full Opinion

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January 11, 2008

Opinion regarding, determination of domicile for voter registration purposes. Requested by: The Honorable Herb Kirsch, Member, House of Representatives Read Full Opinion

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January 11, 2008

Opinion concerning sections 12-6-3520 and 50-15-55 of the South Carolina Code. Requested by: John E. Frampton, Director, South Carolina Department of Natural Resources Read Full Opinion

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January 10, 2008

Opinion questioning the legality of actions taken by the cities of Welford and Duncan in collecting business license fees from members of the State towing and recovery association. Requested by: The Honorable Robert W. Hayes, Jr., Member, SC Senate Read Full Opinion

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January 9, 2008

Opinion whether a bail bondsman from outside South Carolina can arrest an individual in South Carolina on a warrant from another state revoking the bond from that state. Requested by: Jeffrey B. Moore, Executive Director, South Carolina Sheriffs’ Association Read Full Opinion

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January 9, 2008

Opinion regarding the provision of S.C. Code Ann. 7-13-860, and affirming the principles and clarifying that poll watchers have the ability to examine the registration book as long as they do not interfere with the voting process. Requested by: The Honorable Todd Rutherford, Member, House of Representatives Read Full Opinion

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January 9, 2008

Opinion referencing an opinion dated February 27, 2007, which questioned whether you may hold a position on the Spartanburg School District Three Board while remaining employed at the Daniel Morgan Technology Center. You have now questioned whether the Technology Center’s change of fiscal agent from School District Seven to School District Three changes the master-servant status and the ability to be a school board member of District Three. Requested by: Harvey A. Dailey Read Full Opinion

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January 2, 2008

Opinion as to whether merchants can simultaneously bring both civil and criminal charges against shoplifters. Requested by: The Honorable Danny Verdin, Member, SC Senate Read Full Opinion

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January 2, 2008

Opinion concerning the State Department of Natural Resources (DNR) permitting bear-baying as referenced in S.C. Code Ann. 16-27-80. Requested by: The Honorable David R. Hiott, Member, House of Representatives Read Full Opinion

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January 7, 2008

Opinion regarding the constitutionality of an ordinance of the City of Cayce that imposes certain proximity restrictions on residency and loitering of registered sex offenders in relation to schools, churches, daycare centers, parks and other designated facilities frequented by children and young people. Requested by: Charles E. McNair, Director, Cayce Department of Public Safety Read Full Opinion

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January 2, 2008

Opinion concerning the eligibility of individuals serving abroad on military duty to serve on the Citadel Board of Vistors. Requested by: Mark C. Brandenburg, Esquire Read Full Opinion

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January 2, 2008

Opinion concerning the validity of a City of Cayce ordinance and whether it violates “the dictates of due process as guaranteed by South Carolina’s Constitution as well as the United States Constitution.” Requested by: The Honorable Murrell Smith, Member, House of Representatives Read Full Opinion

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

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Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

Room 519 | Columbia, S.C. 29201

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

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