2012 Opinions

December 31, 2012

Opinion as to whether an individual employed by the South Carolina Department of Mental Health (the “SCDMH”) Division of Public Safety as a cadet pending certification as a law enforcement officer is a “public officer” as defined in S.C. Code § 8-1-10 and as used in S.C. Code § 8-1-80 concerning official misconduct.

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

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December 28, 2012

Opinion regarding the position of “Police Commissioner” for the Town of South Congaree (the “Town”).

Requested by: The Honorable Katrina Shealy, Senator, District No. 23

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December 17, 2012

Opinion concerning voting rights and weighted voting for the Jasper County Delegation (the “Delegation”).

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

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December 13, 2012

Opinion concerning volunteer firemen driving their private vehicles, which are equipped with red lights and sirens, to fire calls.

Requested by: The Honorable David H. Taylor, Sheriff, Union County

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December 12, 2012

Opinion concerning the organization’s, Center for Educator Recruitment, Retention and Advancement (CERRA), authority to negotiate or settle debts owed to it by individuals who fail to meet the terms of scholarships received through participation in the Teaching Fellows Program.

Requested by: Keith R. Powell, Esquire, Childs & Halligan, P.A.

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December 5, 2012

Opinion asking does the law require a Registrar of Deeds to record a Manufactured Home Affidavit for Retirement of Title Certificate where the Affidavit was not in the proscribed form under South Carolina Code § 56-19-510?

Requested by: Marvin C. Jones, Esquire, Jasper County Attorney

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December 4, 2012

Opinion regarding a proposed Christmas bonus program for reserve police officers appointed by the Seneca Police Department (the “Department”).

Requested by: John P. Covington, Chief of Police, Seneca Police Department

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November 28, 2012

Opinion concerning a request under the Freedom of Information Act (“FOIA”) for certain financial records related to the Camden City Drug Fund.

Requested by: W. Kevin Bronson, City Manager, City of Camden

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November 26, 2012

Opinion concerning the question of “who has the authority to terminate the Director of the Board of Elections and Voter Registration of Richland County.”

Requested by: The Honorable John L. Scott, Jr., Senator, District No. 19

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November 20, 2012

Opinion questioning in order for South Carolina Code § 58-5-390 to apply, does a tap have to be dedicated solely to a fire sprinkler or may the tap also supply other water uses and have separate meters? Also questioning if a business has a larger tap only for the purpose of the fire sprinkler system, would the business be required to pay a fee based on the larger tap or for the size of tap that would be required for the normal day-to-day water use?

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

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November 15, 2012

Opinion asking would South Carolina Soil and Water Conservation Districts be eligible for funding under the South Carolina Rural Infrastructure Act?

Requested by: Ken Rentiers, Deputy Director, S.C. Department of Natural Resources

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November 9, 2012

Opinion concerning the collection of delinquent taxes, penalties, and costs and the manner in which such funds should be disbursed.

Requested by: The Honorable Douglas E. Henderson, Beaufort County Treasurer

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November 6, 2012

Opinion asking if a candidate for a seat on the SC Board of Medical Examiners in a particular Congressional District is eligible for inclusion on the ballot for that District when he has 50 signatures, but one of those signatures was from a physician whose license was lapsed and other signatures were from physicians who reside outside the candidate’s Congressional District?

Requested by: Darra James Coleman, Chief Advice Counsel, SC Department of Labor, Licensing and Regulation

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November 6, 2012

Opinion asking whether wardens of SCDOC correctional institutions, who are also certified as Class 2 law enforcement officers, may carry their SCDOC-issued firearms at all times.

Requested by: William R. Byars, Director, South Carolina Department of Corrections

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November 5, 2012

Opinion asking for our interpretation of the student transfer provision found in S.C. Code §59-59-110 (Supp. 2005).

Requested by: The Honorable Aaron L. Baldwin, Member, McClellanville Town Council

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October 31, 2012

Opinion questioning the exception listed in §6-1-120(B)(3) (“sharing of data between public officials or employees in the performance of their duties”) include a municipality sharing information with a county or does it only refer to public officials or public employees within the same municipality?

Requested by: Bradley T. Farrar, Esquire, Deputy Richland County Attorney

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October 25, 2012

Opinion concerning the Inspector General’s responsibilities under the Freedom of Information Act (“FOIA”) in light of the recent enactment of Act No. 105 of 2012.

Requested by: Patrick J. Maley, Inspector General, Office of the Inspector General

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October 23, 2012

Opinion regarding the election of commissioners of the South Carolina Department of Transportation Commission (the “DOT Commission”).

Requested by: Kenneth M. Moffitt, Esquire, Chief Counsel, Joint Transportation Review Committee

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October 23, 2012

Opinion questioning how many previous years of property taxes can be recovered by the County for a parcel of land that has not been taxed for thirteen years due to an error by the County?

Requested by: Marvin C. Jones, Esquire, Jasper County Attorney

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October 19, 2012

Opinion regarding the enforcement of beach regulations on Fripp Island, a gated community in Beaufort County.

Requested by: The Honorable Tom Davis, Senator, District No. 46

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October 16, 2012

Opinion questioning which town council members are authorized to vote on a matter concerning per diem and how many members would be required to constitute a quorum for such a vote on a per diem or other reimbursement issue where the Bishopville Municipal Code requires a majority vote, and a majority constitutes a quorum?

Requested by: Jacob M. Jennings, Esquire, Bishopville Town Attorney

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October 12, 2012

Opinion questioning the current method of voting for replacements on boards and commissions by Fairfield County Council using voice vote by each council member to designate a number for a vote instead of a candidate’s name violate the South Carolina Freedom of Information Act (“FOIA”)?

Requested by: John E. James, III, Esquire, Fairfield County Attorney

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October 9, 2012

Opinion questioning can a deputy sheriff also hold a position such as a board member on the Fairfield County Council on Aging without violating the dual office holding provision of Article XVII, Section 1A of the South Carolina Constitution?

Requested by: John E. James, III, Esquire, Fairfield County Attorney

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October 8, 2012

Opinion regarding civil contempt being transmitted to SLED via live scan for placement on the National Crime Information Center (“NCIC”).

Requested by: Mark Keel, Chief, South Carolina Law Enforcement Division

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October 3, 2012

Opinion concerning dual service as Vice Chairman of the South Carolina Retirement System Investment Commission (“RSIC”) and as a member of the City of Aiken Planning and Zoning Commission.

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

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October 3, 2012

Opinion concerning “certain activity”, related to so-called “Roll Your Own” cigarettes.

Requested by: The Honorable James H. Harrison, Member, House of Representatives, and The Honorable Bruce W. Bannister, Member, House of Representatives

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October 2, 2012

Opinion asking whether an instructor at the South Carolina Criminal Justice Academy (CJA) who, by virtue of that position, holds a state constable commission and is certified as a Class 3 law enforcement officer may also work part-time performing the duties of a deputy coroner.

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

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October 2, 2012

Opinion requesting the meaning of the phrase “for residential purposes only” as used in the Restrictive Covenants of Crystal Bay Subdivision located on Lake Greenwood in Laurens County.

Requested by: The Honorable Floyd Nicholson, Senator, District No. 10, and The Honorable Michael A. Pitts, Member, House of Representatives

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September 26, 2012

Opinion questioning whether the South Carolina Department of Education (the “SCDOE”) properly certified a number of individuals who do not a have a post-graduate degree as speech-language therapists in the public schools.

Requested by: The Honorable John W. Matthews, Jr., Senator, District No. 39

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September 25, 2012

Opinion questioning whether a private security guard has the right to sign an arrest warrant on a suspect that has committed an offense on the property the security guard is contracted to protect, and whether he has authority off the protected property, such as providing security for an arrestee at a medical facility or while booking an arrestee into jail.

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

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September 24, 2012

Opinion interpreting Section 13 of Act 257 of 2012.” Specifically, “whether the Legislature intended in paragraph (2) for that applicant to personally hold title to the real property or can the applicant hold title through a corporation or limited liability corporation?”

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

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September 20, 2012

Opinion as to whether the Cherokee County Sheriff’s Department (“Department”) is required to reimburse the previous law enforcement agency for non-mandatory training.

Requested by: The Honorable Steve Mueller, Sheriff, Cherokee County

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September 19, 2012

Opinion concerning the manner in which the proceeds of a sale by the Lancaster County Forfeited Land Commission should be distributed when such proceeds are insufficient to pay all “unpaid property taxes, penalties, assessments…and costs including taxes levied for the year in which the redemption period begins.”

Requested by: The Honorable Cheryl H. Morgan, Lancaster County Auditor

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September 19, 2012

Opinion as to “whether a municipal police officer, sheriff, or deputy sheriff who is an active member of the South Carolina Police Officer Retirement Systems who meets the definition of ‘police officer’ for purposes of Section 9-11-10(23) of the South Carolina Code because he is ‘required by the terms of his employment, either by election or appointment, to give his time to the preservation of public order, the protection of life and property, and the detection of crimes in this State’ is among the class of persons which may be appointed to the newly created Public Employee Benefits Authority (PEBA) pursuant to Section 9-4-10(B)(1)(b) of the South Carolina Code.”

Requested by: The Honorable John Courson, President Pro Tempore, SC Senate

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September 19, 2012

Opinion referring to section 5-7-260 of the South Carolina Code (2004), questioning “when must a municipality act by resolution and when may it act by a simple motion?”

Requested by: Thomas M. Boulware, Esquire, Brown, Jefferies & Boulware

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September 19, 2012

Opinion concerning the procedure for approving new debt not exceeding the eight percent limitation of article X, section 14(7) of the South Carolina Constitution.

Requested by: Dennis K. Ray, Fire Chief, Lugoff Fire District

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September 13, 2012

Opinion as to whether membership on the Board of Directors of the South Carolina Public Employee Benefit Authority (“PEBA”) constitutes an “office” for purposes of the dual office holding prohibition.

Requested by: The Honorable John L. Scott, Jr., Senator, District No. 19

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September 12, 2012

Opinion asking whether a court would likely find that UFCW’s activity constitutes solicitation of “business” prohibited by §56-5-3180(b).

Requested by: Warren V. Ganjehsani, General Counsel, S.C. Department of Public Safety

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September 7, 2012

Opinion concerning the Tourism Infrastructure Admissions Tax Act (“the Act”), particularly the definition of an extraordinary retail establishment in section 12-21-6520(14) of the South Carolina Code (2000 & Supp. 2011).

Requested by: Duane N. Parrish, Director, SC Department of Parks, Recreation & Tourism

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September 7, 2012

Opinion addressing whether the Patriot’s Point Development Authority (“PPDA”) may relocate the Cold War Submarine Memorial located at the Patriot’s Point Naval and Maritime Museum in Mount Pleasant to accommodate the construction of a new Congressional Medal of Honor Museum.

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

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September 5, 2012

Opinion regarding our interpretation of the recently enacted Act 203 of 2012.

Requested by: The Honorable Mick Zais, State Superintendent of Education

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September 5, 2012

Opinion regarding our interpretation of the recently enacted Act 203 of 2012.

Requested by: The Honorable George E. Campsen, III, Senator, District No. 43, The Honorable A. Shane Massey, Senator, District No. 25, The Honorable Phillip D. Owens, Member, House of Representatives

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September 4, 2012

Opinion asking whether the list of eligible jurors which the State Election Commission furnishes the chief magistrates pursuant to S.C. Code Ann. §22-2-50 must include the names of individuals holding South Carolina driver’s licenses or identification cards who are not also registered voters.

Requested by: Bobby M. Bowers, Director, Division of Research and Statistics, SC Budget and Control Board

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August 28, 2012

Opinion asking (1) whether or not the attendance of a BPW member may be via telephone, (2) whether or not a member present via telephone may be counted as part of a quorum, and (3) whether or not the vote of a member attending via telephone is valid.

Requested by: Will Martin, Manager, Bamberg Board of Public Works

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August 23, 2012

Opinion concerning a proposal to “add the cost of fire service fees to the billing cycles of the existing and future customers of the [c]ity-owned Department of Public Utilities.”

Requested by: Chief Wendell Davis, Director, Department of Public Safety

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August 21, 2012

Opinion regarding certain regulations and procedures implemented or enforced by the South Carolina Department of Education (the “SCDOE”) against charter school applicants and the manner in which the SCDOE disburses federal planning and implementation subgrant funds to new charter schools.

Requested by: Michael A. Letts, Chairman, Hope Academy Charter School

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August 20, 2012

Opinion regarding “whether a case written on a Uniform Traffic Ticket (“UTT”) may be scheduled for trial within 10 days of the arrest (§5-7-90), or no sooner than 10 days after the arrest (§56-5-6220)?” Also, “whether §5-7-90 applies to all persona charged, or to persons unable to make bail and remain incarcerated?”

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

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August 9, 2012

Opinion regarding water and sewer rates for the Richland-Lexington Airport District (“Airport District”).

Requested by: Rebecca V. Rhodes, AICP, City Manager, City of Cayce

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August 3, 2012

Opinion addressing the geographical limits applicable to lawful gambling ship activity along South Carolina’s coast pursuant to South Carolina’s Gambling Cruise Act [“Act’], as codified at S.C. Code Ann. §§3-11-100 et seq.

Requested by: The Honorable Glenn F. McConnell, Lieutenant Governor

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July 19, 2012

Opinion regarding dual office holding. Specifically, you request that we advise as to whether members of fire departments, including fire/arson investigators, are exempted from the dual office holding prohibition.

Requested by: Brandy A. Duncan, Esquire, General Counsel, SC Criminal Justice Academy

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July 17, 2012

Opinion regarding whether the Governor has the authority to suspend a public official who was indicted for a violation of the State Ethics Act (the “Ethics Act”).

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

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July 13, 2012

Opinion concerning the Aiken County Auditor’s retirement and an election to fill out the remainder of the unexpired term. Specifically, the Aiken County Auditor will be retiring effective June 30, 2012. His current term of office would normally expire June 30, 2013. The Auditor’s race is already on the November 2012 ballot for the term to commence July 1, 2012.

Requested by: W. Lawrence Brown, Esquire, Aiken County Office of the County Attorney

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July 11, 2012

Opinion regarding the power of a municipality to disband its police department.

Requested by: Benjamin F. Thomas, III, Assistant Chief, South Carolina Law Enforcement Division

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July 10, 2012

Opinion “concerning the appointment of replacement candidates for the November 12 general election.”

Requested by: Mark W. Tollison, Esquire, Greenville County Attorney

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July 5, 2012

Opinion concerning the effect of a redistricting plan on the unexpired terms of two incumbent members of the Board of Trustees.

Requested by: Rick S. Chandler, Jr., Esquire

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July 2, 2012

Opinion regarding several questions related to the appointment and terms as Municipal Court Judge.

Requested by: The Honorable Vanessa C. Hollins, Municipal Judge, Town of Winnsboro

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July 2, 2012

Opinion inquiring whether a particular parcel meets the requirements for an agricultural use classification for the purposes of ad valorem taxation.

Requested by: The Honorable Wayne Welch, Dorchester County Assessor

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June 29, 2012

Opinion concerning the date by which the Court must render a decision in order to allow the State of South Carolina sufficient time to implement the Act, R54, for the 2012 General Elections in November.

Requested by: H. Christopher Bartolomucci, Esquire, Bancroft PLLC

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June 25, 2012

Opinion regarding the validity of a Spartanburg County ordinance that, in addition to a fine of not more than five hundred dollars, imposes a jail sentence of up to thirty days imprisonment for a violation of a drug paraphernalia ordinance even though State law only imposes a civil fine for such a violation.

Requested by: Terry W. Richards, Chief, Lyman Police Department

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June 22, 2012

Opinion inquiring whether the Town of St. George may adopt an ordinance stating that the costs of abating the conditions of “deteriorating structure and abandoned overgrown lots” borne by the Town will be “added to annual property taxes [and] must be paid along with the taxes and remitted to the Town by the county.”

Requested by: The Honorable Anne J. Johnston, Mayor, Town of St. George

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June 22, 2012

Opinion concerning county ad valorem tax assessments. Specifically, the propriety of using certain kinds of appraisal reports and options for disciplining an appraiser who created a misleading, fraudulent, or deceptive report.

Requested by: The Honorable Michael E. Reed, Edgefield County Assessor’s Office

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June 19, 2012

Opinion concerning the use of public funds (“C” funds) for the maintenance of highway/railroad crossings and bridges.

Requested by: The Honorable Raymond E. Cleary, III, Senator, District No. 34

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June 14, 2012

Opinion concerning the effect on the majority votes when a candidate formally withdraws from a race after his name has been added to the ballot.

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

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June 11, 2012

Opinion regarding the implementation of a change in the form of municipal government.

Requested by: Kenneth E. Gaines, Esquire, City Attorney, City of Columbia

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June 12, 2012

Opinion “on the application of State Code 48-23-205 regarding local regulation of development affecting forest land.”

Requested by: Henry E. Kodama, State Forester, South Carolina Forestry Commission

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June 7, 2012

Opinion concerning the fair market value of real property for the purposes of calculating ad valorem tax. Specifically, you have inquired whether this Office “has instructed county tax assessors” not to allow changes in the fair market value for tax purposes where the value of the property at issue has decreased since the most recent countywide reassessment.

Requested by: The Honorable Deborah A. Long, Member, House of Representatives

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June 6, 2012

Opinion regarding the use of underage youth (ages 15 to 17) by the South Carolina Department of Alcohol and Other Drug Abuse Services (“DAODAS”) while working with the United States Food and Drug Administration (“FDA”) to enforce federal regulations against the sale of tobacco products to individuals under the age of eighteen.

Requested by: Robert C. Toomey, Director, S.C. Department of Alcohol and Other Drug Abuse

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May 30, 2012

Opinion concerning the employment of the Mayor by a law firm that serves as general obligation bond counsel for the City of Columbia (the “City”) as well as underwriter’s counsel on the issuance of City water and sewer bonds.

Requested by: Kenneth E. Gaines, Esquire, City Attorney, City of Columbia

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May 25, 2012

Opinion questioning the meaning of “fair market value” for the purposes of calculating the ad valorem tax on real property.

Requested by: The Honorable William M. Hixon, Member, House of Representatives

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May 25, 2012

Opinion regarding the implementation of a change in the form of county government from the council-administrator to the council-manager form. Specifically, you have inquired whether a treasurer and auditor elected at the same election in which a referendum is passed adopting this change would be entitled to assume office and serve out their elected term.

Requested by: W. Lawrence Brown, Esquire, Aiken County Office of the County Attorney

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May 23, 2012

Opinion “as to the definition of ‘current’ under Code Section 8-13-1356(A) pertaining to filing disclosure statement by an incumbent.”

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

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May 22, 2012

Opinion questioning whether in circumstances where a law enforcement officer resigned from the York County Police Department (the “Department”) where the officer was employed at the time of mandatory training and then was subsequently hired by another law enforcement agency after one year but before the two-year period following successful completion of the mandatory training, what options are available if the successive governmental entity employer refuses to reimburse the Department?

Requested by: C. A. Robinson, Chief of Police, City of York Police Department

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May 18, 2012

Opinion related to the prosecution of cases within the jurisdiction of the magistrates’ courts by deputy sheriffs with Beaufort County Sheriff’s Department (the “Department”).

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

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May 16, 2012

Opinion as to whether those persons who were disqualified as candidates as a result of the recent Supreme Court decision in Anderson v. South Carolina Election Commission, Op. No. 27120 (May 2, 2012) may offer as petition candidates in the general election.

Requested by: The Honorable Tom Young, Jr., Member, House of Representatives

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May 16, 2012

Opinion concerning eligibility requirements for members of the Saluda County Water and Sewer Authority (the “Authority”).

Requested by: Brian L. Burgess, Manager, Saluda County Water and Sewer Authority

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May 16, 2012

Opinion “requesting clarification of S.C. Code Section 14-17-210 as it pertains to the County Clerk of Court’s responsibility concerning the courthouse.”

Requested by: The Honorable Jackie S. Bowers, Clerk of Court, Newberry County

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May 8, 2012

Opinion addressing whether §7-25-100 prohibits the reproduction of a ballot by devices such as a cell phone, video camera, camera or iPad.

Requested by: The Honorable Harvey S. Peeler, Jr., Senator, District No. 14

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May 7, 2012

Opinion as to whether the Jasper County Council has the authority to require the County Treasurer to provide an employee of her office to work at an administrative satellite office the County Council recently established at a location outside the county seat.

Requested by: Marvin C. Jones, Esquire, Jasper County Attorney

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May 2, 2012

Opinion concerning the handling of shoplifting cases by the City of Columbia Police Department (the “Department”).

Requested by: Steven A. Gantt, City Manager, City of Columbia

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April 30, 2012

Opinion “as to whether Article 3 of Chapter 13, Title 6 confers upon the Pioneer Rural Water District of Oconee and Anderson Counties the power to contract for or undertake the construction of new freshwater treatment facilities.”

Requested by: Andy Fiffick, Esquire

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April 24, 2012

Opinion concerning allegations of below-cost sales of gasoline outlined in a January 27, 2012 letter from Mr. Mark Rhodes.

Requested by: The Honorable Glenn G. Reese, Senator, District No. 11

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April 24, 2012

Opinion concerning fees included on municipal property tax bills.

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

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April 23, 2012

Opinion regarding whether counties and municipalities may impose business license “fees” based upon gross income, rather than net income.

Requested by: The Honorable Christopher R. Hart, Member, House of Representatives

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April 20, 2012

Opinion “regarding a co-fiduciary’s duty to provide information to another co-fiduciary and a co-fiduciary’s duty to request from another co-fiduciary information that he deems necessary to perform his duties”.

Requested by: The Honorable Curtis M. Loftis, Jr., South Carolina State Treasurer

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April 20, 2012

Opinion regarding dealers in precious metals.

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

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April 19, 2012

Opinion regarding procedures for issuing a replacement Uniform Traffic Ticket (“UTT”).

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

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April 12, 2012

Opinion regarding the authority of a deputy coroner to carry a firearm.

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

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April 11, 2012

Opinion relating “to a potential annexation in the Town of Lexington.” Specifically, “[t]he Town argued that [it] had [the] legal ability to use [a] previously annexed right of way to become contigous to the property in question.”

Requested by: The Honorable Rick Quinn, Member, House of Representatives

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April 9, 2012

Opinion addressing the impact of reapportionment on the election of commissioners of the South Carolina Department of Transportation (the “DOT”).

Requested by: The Honorable Raymond E. Cleary, III, Senator, District No. 34

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April 5, 2012

Opinion concerning the recent decision of the United States Supreme Court (“USSC”) in United States v. Jones, 565 U.S. ___, 132 S.Ct. 945 (2012) as it pertains to S.C. Code Ann. §17-30-140 and the use of Global Positioning System (“GPS”) tracking devices. Requested by: Brian Buck, Chief of Police, Irmo Police Department Read full opinion.

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April 4, 2012

Opinion concerning whether an individual’s concurrent service on the Edgefield County Transportation Committee (“Transportation Committee”) and the Board of Directors for the Edgefield County Hospital (“Hospital Board”) violates the constitutional prohibition against dual office holding. Requested by: Michael S.Medlock, Edgefield County Attorney Read full opinion.

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April 2, 2012

Opinion concerning the proper interpretation of the term “gross income” in the context of a county business license tax ordinance. Requested by: Joshua A. Gruber, Esquire, Office of the County Administrator, Beaufort County Read full opinion.

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April 2, 2012

Opinion concerning whether an elected official, who has a concealed weapons permit, may at any time and specifically, during meetings of city council, lawfully carry a concealable weapon inside a building that also houses City Hall, the Police Department, and the Courthouse. Requested by: M. Bryan Turner, Chief of Police, Mauldin Police Department Read full opinion.

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March 30, 2012

Opinion concerning the interpretation of sections 5-3-310 through -315 of the South Carolina Code (2004). The facts, as you have represented them, are that the City of North Charleston (“the City”) has annexed a portion of unincorporated Dorchester County that has heretofore been serviced by the Ashley River and Old Fort Fire Districts (collectively, “the Districts”). Requested by: John G. Frampton, Esquire Read full opinion.

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March 30, 2012

Opinion concerning Abbeville County School District (“School District”), as to whether the Board of Trustees of the School District (“the Board”) is the “local governing body” for purposes of section 6-1-320(b) of the South Carolina Code of Laws. Requested by: Francenia B. Heizer, Esquire Read full opinion.  

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March 27, 2012

Opinion concerning dual office holding. You ask whether the law permits you to accept a position of employment with the Town of Estill as a code enforcement officer during your term as Mayor for the Town of Fairfax. Requested by: The Honorable Dwight Causey, Mayor, Town of Fairfax Read full opinion.

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March 21, 2012

Opinion regarding the authority of a registered private security officer employed in an enclosed and/or gated residential enclave to pursue and stop vehicles, and detain and issue uniform traffic tickets or administrative traffic tickets to violators on streets within the enclave. Requested by: Mark Keel, Chief, State Law Enforcement Division Read full opinion.

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March 20, 2012

Opinion concerning Cherokee County Council’s authority to fund a scholarship program proposed by community members of the County that would provide tuition assistance to students who attend a local technical college and meet certain qualifications. Requested by: Joseph L. Mathis, Esquire Read full opinion.

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March 20, 2012

Opinion concerning whether State law prohibits you from simultaneously serving as a councilmember for the City of Bamberg (“City”), Chairman of the City Fire Commission, and a volunteer fireman for the City. Requested by: The Honorable Buck Fralick, Member, Bamberg City Council Read full opinion.

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March 16, 2012

Opinion regarding the Honorable James A. Preacher, Jr., mayor of the Town of Norway (“Mayor”). Requested by: Hubert F. Harrell, Director, SC Criminal Justice Academy Read the full opinion.

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March 9, 2012

Opinion regarding 2012 S.C. Acts 155, §1 (R. 122, H. 3895) (the “Act”), which became effective on February 1, 2012, upon approval by the Governor. The Act amends S.C. Code Ann. §17-15-20 so as to provide that an appearance bond is valid for a certain time period in circuit and magistrate or municipal courts under certain circumstances, and also provides for a procedure to relieve the surety of liability when the time period has run. Requested by: The Honorable John Richard C. King, Member, House of Representatives Read full opinion.

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March 6, 2012

Opinion concerning Gilbert-Summit Rural Water District. Requested by: John J. Fantry, Jr., Esquire Read full opinion.

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March 5, 2012

Opinion regarding the Mayor of the Town of Norway (“Mayor”). Requested by: Mark Keel, Chief, State Law Enforcement Division Read full opinion.

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March 2, 2012

Opinion concerning the approval power vested in the governing body of Kershaw County as that power concerns the levy of taxes for the benefit of the Lugoff Fire District. Requested by: Dennis K. Ray, Fire Chief, Lugoff Fire District Read full opinion.

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March 1, 2012

Opinion regarding the use of battery-operated tint meters to enforce S.C. Code Ann. §56-5-5015, South Carolina’s “window tinting” law (“tint law”). Requested By: Chief Robert H. Wunderlich, Town of Holly Hill Police Department Read full opinion.

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February 29, 2012

Opinion concerning the authority of the Metropolitan Sewer Subdistrict created by Act 687 of 1969. Requested by The Honorable David L. Thomas, Senator, District 8 and The Honorable Shane R. Martin, Senator, District 13 Read full opinion.

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February 28, 2012

Opinion concerning the right of an individual who receives a judgment or sentence in municipal court to obtain a transcript or tape recording of the proceeding for purposes of an appeal. Requested by: The Honorable William R. Johnson, Mayor, Town of Holly Hill Read full opinion.

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February 23, 2012

Opinion concerning a potential conflict of interest. Requested by:  The Honorable Jimmy Ward, Member, Isle of Palms City Council Read full opinion.

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February 23, 2012

Opinion concerning whether South Carolina law prohibits you from continuing to serve as Chairperson of the Anderson County Tax Assessment Appeals Board (“Tax Appeals Board”) in consideration of your recent appointment to the South Carolina Medical Disciplinary Commission (“Commission”). Requested by:  Mr. Kenneth C. Walker Read full opinion.

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February 24, 2012

Opinion regarding the Richland-Lexington Airport District (the “Airport District”). You ask us whether or not the City of Cayce is obligated to provide the same water and sewer rates to the Airport District as it charges to resident customers. Requested by: John M. Knotts, Jr., Senator, District No. 23 Read full opinion.

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February 21, 2012

Opinion concerning your intent to file as a candidate for Probate Judge for the County of Bamberg (“County”) and the applicability of a County ordinance purporting to terminate employees of the county who become candidates for an elected county office. Requested by:  Sarah G. Noel, Clerk, Bamberg County Probate Court Read full opinion.

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February 21, 2012

Opinion concerning the authority of a local housing authority to act state-wide. Requested by:  Tracey C. Easton, General Counsel, S.C. State Housing Finance and Development Authority Read full opinion.

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February 14, 2012

Opinion concerning whether Defendant is required to register as a sex offender. Requested by Mark Keel, Chief, State Law Enforcement Division Read full opinion.

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February 6, 2012

An opinion regarding whether the Family Educational Rights and Privacy Act (“FERPA”) prohibits a school district from sharing information on crimes committed in the schools with the sheriff’s department. Requested by:  The Honorable Leon Lott, Sheriff, Richland County Read full opinion.

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January 31, 2012

Opinion regarding whether a school district can establish a year-round calendar that starts in mid-July. Requested by:  Russell W. Booker, Ph.D. Superintendent, Spartanburg School District 7 Read full opinion.

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January 25, 2012

Opinion concerning the proper body to govern the affairs of the water and sewer system of the City of Tega Cay.

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

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January 24, 2012

Opinion as to whether pre-kindergarten programs exceeding four hours per day are required to be licensed by the Department of Social Services (DSS) pursuant to the South Carolina statutes and regulations governing the operation of “childcare facilities.” Specifically, you indicate an interest in the law as it applies to such programs conducted by public schools.

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

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January 18, 2012

Opinion regarding our interpretation of S.C. Code Ann. §50-11-310(B). Specifically, whether or not §50-11-310(B) prohibits hunting or taking over bait, or simply prohibits baiting for deer.

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

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January 13, 2012

Opinion concerning the legal status of a person who “performs the administrative duties” of the Town of Pinewood, such as collecting fees, paying bills, keeping the town checkbook, and other similar “duties required for the operation of the town.”

Requested by: The Honorable Al Pridgen, Mayor, Town of Pinewood

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January 12, 2012

Opinion concerning the legality of the following pending transaction.

Requested by: The Honorable Bruce Cooley, Abbeville County Director

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January 12, 2012

Opinion concerning certain property and the “reverter clause”.

Requested by: Miles Loadholt, Esquire

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January 10, 2012

Opinion as to the sufficiency, as evidence of receipt, of an electronically-generated and stored facsimile signature on certified mail. Specifically, referencing the provisions of the Uniform Electronic Transactions Act of 2004 (the “UETA”).

Requested by: Kevin A. Shwedo, Executive Director, Department of Motor Vehicles

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January 6, 2012

Opinion regarding the Policies and Procedures Manual for South Carolina State Constables (the “Manual”), which was updated on September 8, 2011, by the Constable Advisory Council (the “Council”) of the State Carolina Law Enforcement Division (“SLED”). Specifically, whether SLED has authority to require commissioned Group III constable to perform this additional service.

Requested by: The Honorable Glenn G. Reese, Senator, District No. 11

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January 6, 2012

Opinion concerning whether a proprietor may operate a brew-on premises facility or home winemakers’ center in South Carolina.

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

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

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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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