2013 Opinions

December 30, 2013

Opinion concerning a request under the Freedom of Information Act (FOIA) for an incident report concerning an alleged assault committed by one minor child against another that took place at a local middle school.

Requested by: Paige E. Tiffany, Esquire, City of Aiken

Read more...

December 23, 2013

Opinion asking several questions in regards to the Governor’s Campaign and the Ethics Commission.

Requested by: The Honorable Brad Hutto, Senator, District No. 40

Read more...

December 17, 2013

Opinion inquiring about the issuance of traffic citations for driving without a license to Mexican nationals who possess both a valid Mexican driver’s license and H-2A agricultural visa.

Requested by: The Honorable Shane Massey, Senator, District No. 25

Read more...

December 12, 2013

Opinion asking, may a mayor be appointed to a county planning commission without violating the dual office holding prohibition of the South Carolina Constitution?

Requested by: Mr. Steve Willis, Lancaster County Administrator

Read more...

December 11, 2013

Opinion regarding the interpretation of a provision of Title 11, Chapter 44 of the South Carolina Code, also known as the High Growth Small Business Job Creation Act.

Requested by: The Honorable Mark Hammond, South Carolina Secretary of State

Read more...

December 10, 2013

Opinion as to the impact of Spartanburg County’s (the “County”) transition from a self-funded insurance plan to the South Carolina Public Employee Benefit Authority’s (PEBA) insurance benefits program on the insurance benefits currently afforded part time magistrates.

Requested by: Lisa R. Claxton, Esquire, Spartanburg County Attorney

Read more...

December 2, 2013

Opinion as to whether the insurance requirements for school buses set forth in S.C. Code § 59-67-710 apply to a school district’s contracts with parents to transport their own children to and from school by virtue of S.C. Code § 59-67-740.

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

Read more...

November 25, 2013

Opinion regarding the fabrication, transport and display of working water distillation units.

Requested by: The Honorable Murrell Smith, District No. 67-Sumter-Clarendon Counties

Read more...

November 18, 2013

Opinion as to whether school districts may issue their own high school diploma to students who do not meet the requirements for a high school diploma under S.C. Code § 59-39-100.

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

Read more...

November 18, 2013

Opinion regarding the definitions of “school” and “school district” in section 59-63-370 of the South Carolina Code a/k/a the “School Crime Report Act” for purposes of determining if York Technical College’s teachers or instructors must be notified of crimes that its students have committed.

Requested by: Charles J. Boykin, Esquire, Boykin & Davis, LLC

Read more...

November 18, 2013

Opinion regarding a seat on the Francis Marion University (“the University”) Board of Trustees (“the Board”).

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

Read more...

November 18, 2013

Opinion concerning the legality of municipalities setting their own fines for speeding violations as opposed to the penalties set forth in the Uniform Act Regulating Traffic on Highways (the “UTA”), S.C. Code §§ 56-5-10 et seq.

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

Read more...

November 18, 2013

Opinion on the legality of counties and municipalities issuing tickets for traffic and other offenses under local ordinances. Requested by The Honorable Curtis M. Loftis, Jr., South Carolina State Treasurer. Read full opinion.

Read more...

Novmber 18, 2013

Opinion concerning the legality of counties and municipalities issuing tickets for traffic and other offenses under local ordinances as opposed to the Uniform Act Regulating Traffic on Highways (the “UTA”), S.C. Code §§ 56-5-10 et seq.

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

Read more...

November 13, 2013

Opinion asking pursuant to South Carolina Code § 12-37-890 may the Charleston County Auditor’s Office charge an annual personal property tax on an airplane owned by a limited liability company (LLC) with a physical address outside of South Carolina when the airplane has an annual lease at an airport within your county and is physically at the airport in your county approximately half of a calendar year?

Requested by: The Honorable Peter Tecklenburg, Charleston County Auditor

Read more...

November 12, 2013

Opinion regarding the impact the recently passed, Equal Access to the Ballot Act, which you reference as S.2, “has on political parties who nominate candidates through the convention process.”

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

Read more...

November 8, 2013

Opinion asking pursuant to South Carolina Code § 12-37-890 may the Charleston County Auditor’s Office charge an annual personal property tax on an airplane used primarily for business purposes when the airplane has an annual lease at an airport within your county and lists its home base in South Carolina in spite of the fact that an out-of-state limited liability company (LLC) with a physical address in your county is the “owner” of the airplane?

Requested by: The Honorable Peter Tecklenburg, Charleston County Auditor

Read more...

November 5, 2013

Opinion concerning the delegation of SLED’s authority to enforce the laws and regulations concerning alcoholic beverages under Title 61 of the S.C. Code to local law enforcement officers.

Requested by: Mark Keel, Chief, State Law Enforcement Division

Read more...

November 4, 2013

Opinion clarifying the five days hold of impounded animals at a county/municipal shelter prior to disposition which is provided for in section 47-3-60(B) of the South Carolina Code.

Requested by: The Honorable David Hogue, Mayor, Town of Blacksburg

Read more...

October 29, 2013

Opinion regarding a law enforcement officer purchasing time from the State toward his police retirement.

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

Read more...

October 29, 2013

Opinion regarding expungement of criminal records.

Requested by Chief Mark Keel, SC Law Enforcement Division

Read more...

October 28, 2013

Opinion regarding issues related to the Freedom of Information Act. Specifically, explain that the District’s Superintendent “ has requested that his evaluation be conducted in open session” rather than executive session which, based upon the materials you have provided us, appears to be the District’s standard policy.

Requested by: D. Laurence McIntosh, Attorney, Florence District One School Board

Read more...

October 24, 2013

Opinion on two issues regarding dual office holding.

Requested by Chief H. Harold Brown, Elgin Police Department

Read more...

October 24, 2013

Opinion concerning the release of “dual arrest” incident reports under the Freedom of Information Act (FOIA) where one arrestee has had the records pertaining to his or her charge expunged but the other has not.

Requested by: Chief Gregory C. Mullen, City of Charleston Police Department

Read more...

October 28, 2013

Opinion on dual office holding (serves on the board of the SC Commission on High Education and serve on the board of a local hospital). Requested by The Honorable Tom D. Corbin, Member, South Carolina Senate. Read full opinion.

Read more...

October 11, 2013

Opinion concerning whether a manufacturer could sell cars to South Carolina consumers over the internet without establishing a physical presence in this state.

Requested by: The Honorable J. Gregory Hembree, Senator, District No. 28

Read more...

October 10, 2013

Opinion concerning the Humane Society of McCormick County

Requested by: G.P. Callison, Jr., Esquire, McCormick County Attorney

Read more...

October 10, 2013

Opinion as to whether the Governor has the power to appoint someone to replace a magistrate who resigned in April of this year when the Legislature was in session, but the Governor’s Office did not receive notice of the resignation until the legislative session had ended.

Requested by: The Honorable Floyd Nicholson, Senator, District No. 10

Read more...

October 8, 2013

Opinion concerning the authority of a magistrate to set bond for a defendant who is charged with, or has prior convictions for, several offenses classified as serious or most serious offenses under S.C. Code § 17-25-45.

Requested by: The Honorable Kenneth H. Dover, Magistrate, Spartanburg County

Read more...

October 8, 2013

Opinion concerning the College of Charleston’s policies concerning allegations of sexual harassment or misconduct against employees.

Requested by: P. George Benson, President, College of Charleston

Read more...

October 4, 2013

Opinion concerning the legality of a “casino night” under State law.

Requested by: Stirling Halversen, City Attorney, Isle of Palms

Read more...

October 2, 2013

Opinion regarding the employment status of blind licensed vendors in the South Carolina Commission for the Blind program.

Requested by: James M. Kirby, Commissioner, SC Commission for the Blind

Read more...

October 2, 2013

Opinion regarding Architectural Board of Appeals.

Requested by: The Honorable William L. Otis, Mayor, Town of Pawleys Island

Read more...

September 24, 2013

Opinion concerning whether the State Office of Victim Assistance (SOVA) has legal authority to recover money it provided to a Victim of a crime when the Victim later received money from a settlement for pain and suffering in connection with the crime.

Requested by: Dr. Larry Barker, Director, State Office of Victim Assistance

Read more...

September 23, 2013

Opinion concerning whether the State Office of Victim Assistance (“SOVA”) has legal authority to offset or recover financial assistance from a victim if they are a passenger of a motor vehicle that has insurance and/or uninsured motorist coverage.

Requested by: Dr. Larry Barker, Director, State Office of Victim Assistance

Read more...

September 23, 2013

Opinion concerning whether a builder (who is the property owner) may file a late application for a fee in order to apply for the multiple lot discount pursuant to South Carolina Code § 12-43-225.

Requested by: The Honorable Todd K. Atwater, Member, House of Representatives

Read more...

September 18, 2013

Opinion concerning the collection of fines by the State Transport Police for certain violations of the Uniform Act Regulating Traffic on Highways, S.C. Code §§ 56-5-10 et seq.

Requested by: The Honorable Scott D. Whittle, Magistrate, Lexington County

Read more...

September 17, 2013

Opinion concerning the process for having a magistrate removed from office for incapacity or misconduct as well as the process by which the number of magistrates in a county is decreased.

Requested by: Joan Elizabeth Winters, Esquire, Chester County Attorney

Read more...

September 9, 2013

Opinion as to whether State law prohibits you from continuing to serve as a firefighter for a municipal fire department, while also holding certification from the State Fire Marshal, if you are elected to city council in a separate municipality.

Requested by: Mr. Taylor A. Graham

Read more...

September 5, 2013

Opinion regarding the definition of “Benefit ratio” as defined in S.C. Code Ann. § 41-3-5 (Rates of contribution to the Unemployment Trust Fund) and applied to Tax Year 2014.

Requested by: Derrick McFarland, General Counsel, SC Department of Employment and Workforce.

Read more...

September 3, 2013

Opinion regarding whether or not a South Carolina eleemosynary (or charitable) organization can indemnify its officers and board members from penalties levied as a result of a recent jury verdict against the corporation for a violation of federal law.

Requested by: The Honorable J. Thomas McElveen, III, Senator, District No. 35

Read more...

August 29, 2013

Opinion regarding the ability of a nonprofit water company to provide a month of free water to residential customers but not business customers.

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

Read more...

August 28, 2013

Opinion regarding the interpretation of Section 59-127-20 as it relates to the effect of the General Assembly’s failure to re-elect a member of the South Carolina State Board of Trustees.

Requested by: Robert L. Wladrep, Jr., Chairman, South Carolina State University Board of Trustees.

Read more...

August 26, 2013

Opinion regarding whether a concurrent resolution can repeal a State law signed by the Governor.

Requested by: The Honorable Peter McCoy, Member, House of Representatives

Read more...

August 20, 2013

Opinion regarding the Victim’s Bill of Rights. The Victim of a crime in South Carolina has a constitutional right to access the documents relating to the crime in which they were involved in before trial.

Requested by: Debbie D. Curtis, Crime Victims’ Ombudsman, Office of Crime Victims’ Ombudsman

Read more...

August 20, 2013

Opinion as to whether a municipal judge may sign arrest and search warrants at his or her residence which is located outside the boundaries of the municipality over which he or she has jurisdiction.

Requested by: The Honorable Gene T. Janikowski, Municipal Judge, Goose Creek Municipal Court

Read more...

August 14, 2013

Opinion regarding the interpretation of Section 5-7-110 of the South Carolina Code, which deals with, among other things, the authority of a municipal police force to contract with private businesses to provide police protection beyond a municipality’s corporate limits.

Requested by Chief Christopher Garner, Pelion Police Department

Read more...

August 12, 2013

Opinion concerning the electronic recording of mortgage satisfactions pursuant to S.C. Code § 29-3-330(c)(i) in situations where the original mortgage, deed of trust, or other instrument securing payment has been lost or destroyed.

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

Read more...

August 9, 2013

Opinion regarding question as to whether HIPPA is violated if Richland County Information Technology employees have access to the Coroner’s case files.

Requested by: The Honorable Gary Watts, Richland County Coroner

Read more...

August 9, 2013

Opinion concerning multiple lots property tax discounts.

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

Read more...

August 6, 2013

Opinion as to whether a campus police department may authorize its officers to use their personal vehicles for law enforcement purposes and install blue lights on such vehicles.

Requested by: Mark Keel, Chief, State Law Enforcement Division

Read more...

August 2, 2013

Opinion as to whether an individual who was required to register as a sex offender but was pardoned for the underlying offense in 2004 is entitled to have his information removed from the Sex Offender Registry.

Requested by: Mark Keel, Chief, State Law Enforcement Division

Read more...

July 30, 2013

Opinion regarding whether or not a successful purchaser at a tax sale is entitled to payment of interest and repayment of ad valorem taxes by the County after a tax deed is set aside by a Court.

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

Read more...

July 30, 2013

Opinion regarding whether a taxpayer may receive the legal residence (4% assessment) rate pursuant to S.C. Code § 12-43-220 when the taxpayer is living on the property as his legal residence and owns the property with a vested remainder interest subject only to a life estate which was given to two people whose legal residence is elsewhere.

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

Read more...

July 26, 2013

Opinion concerning whether a legislator currently serving in the South Carolina General Assembly may also hold the position of Director of Airports on the Charleston County Aviation Authority without violating state law.

Requested by: The Honorable Jenny A. Horne, Member, House of Representatives

Read more...

July 25, 2013

Opinion concerning whether Spartanburg School District 7 may hire a licensed pediatrician to fill a nursing position at an elementary school using funds made available by the State Department of Education.

Requested by: Russell W. Booker, Ph.D., Superintendent, Spartanburg School District 7

Read more...

July 19, 2013

Opinion as to whether any of the planned actions in the MOU [memorandum of understanding between the American Forest Foundation and the S.C. Forestry Commission] or scope of work constitute “commercial solicitation” as defined in the Family Privacy Protection Act [found in S.C. Code Section 30-2-50] or otherwise violates this law.

Requested by: Henry E. Kodama, State Forester, S.C. Forestry Commission

Read more...

July 19, 2013

Opinion as to whether two applicants—one employed as a Code Enforcement Officer for the Spartanburg County Sheriff’s Department and another employed as a State Trooper at the South Carolina Department of Public Safety—would be permitted to serve as a fire commissioner on a Special Purpose Fire District given the South Carolina Constitution’s prohibition on dual office holding.

Requested by: The Honorable Shane Martin, Delegation Chairman, Spartanburg County Legislative Delegation

Read more...

July 17, 2013

Opinion regarding the interpretation of Ordinance 91-21 in reference to the Savannah Lakes Village Special Tax District.

Requested by: G.P. Callison, Jr., Esquire, McCormick County Attorney

Read more...

July 11, 2013

Opinion regarding the interpretation of Section 16-17-680, which , as pointed out in your letter, deals with the purchase, transportation and sale of nonferrous metals.

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

Read more...

July 9, 2013

Opinion as to who may properly prosecute a courtesy summons charge issued pursuant to S.C. Code § 22-5-115 in summary court.

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

Read more...

July 8, 2013

Opinion concerning the propriety of the allocation of funds by the County Council to individual council members for certain purposes.

Requested by: The Honorable MaryGail K. Douglas, Member, House of Representatives

Read more...

July 8, 2013

Opinion determining whether the Town of Lexington followed proper legal procedure in entering into a contract to sell Barr Pond a/k/a Wildlife Pond and in accepting $60,000.00 as the sales price.

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

Read more...

July 2, 2013

Opinion asking us to please clarify what documentation our Office believes is the minimum documentation required for travel reimbursement by a municipality for a municipal councilman.

Requested by: The Honorable Robert Williams, Member, House of Representatives

Read more...

July 2, 2013

Opinion “on an issue that has arisen in response to the United States Supreme Court’s Ruling in Shelby County v. Hunter.”

Requested by: The Honorable Larry A. Martin, Senator, District No. 2

Read more...

July 1, 2013

Opinion regarding the interpretation of Sections 58-25-35 and 58-25-40 of the South Carolina Code.

Requested by: Charles M. MacNeil, Executive Director, Pee Dee Regional Transportation Authority

Read more...

June 28, 2013

Opinion asking are staff employees of the Voters Registration & Election Commission considered county employees when the authority to hire and fire does not reside with the county administrator.

Requested by: Nick Oxendine, Chairman, Allendale County Voters Registration & Election Commission

Read more...

June 26, 2013

Opinion concerning potential liability exposure and insurance needs of the Aiken County Commission for Higher Education (ACCHE).

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

Read more...

June 26, 2013

Opinion regarding Home Owner Associations (HOAs) operating under the South Carolina Nonprofit Corporation Act as per Section 33-31-171 of the Act.

Requested by: The Honorable R. Shannon Riley, Member, House of Representatives

Read more...

June 25, 2013

Opinion concerning actions taken by the South Carolina Transportation Infrastructure Bank (the “SIB”) to provide additional funding for the completion of the I-526/Mark Clark Extension Project (the “Project”) in Charleston County.

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

Read more...

June 20, 2013

Opinion as to whether an individual certified as a law enforcement officer in North Carolina can maintain such certification if he or she is also certified as a Class 2 law enforcement officer as a jailer in South Carolina.

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

Read more...

June 19, 2013

Opinion regarding a situation that is affecting the City Council of the City of Aiken.

Requested by: Gary H. Smith, III, Esquire, Aiken City Attorney

Read more...

June 18, 2013

Opinion as to the issuance of tickets for handicapped parking violations. Specifically, are law enforcement officers authorized to issue tickets for handicapped parking violations on parking lots that are open to the public and are not posted by signage as referenced by S.C. Code § 23-1-15? And, may law enforcement officers issue uniform traffic tickets for handicapped parking violations, or are law enforcement officers required to use the tickets referenced in S.C. Code §§ 56-3-1971, -1972, and -1973?

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

Read more...

June 18, 2013

Opinion as to whether it is legal for a motor vehicle, other than a school bus or emergency vehicle, to have any colored lights other than red, white, or amber.

Requested by: The Honorable Lynne Benfield, Magistrate, York-Bethesda Township

Read more...

June 17, 2013

Opinion as to whether State law prohibits an individual from simultaneously serving as a member of the Union County Commission on Alcohol and Drug Abuse and as a member of the City of Union Municipal Election Commission.

Requested by: The Honorable Shane Martin, Senator, District No. 13

Read more...

June 14, 2013

Opinion asking do the 2013 amendments to Sections 61-2-180 and 61-4-580 of the South Carolina Code of Laws mean; any place licensed to serve alcohol may now have bingo, casino nights and poker nights as long as they are for a charitable purpose? And, may holders of beer and wine permits have game promotions including contests, games of chance, or sweepstakes in which the elements of chance and prize are present and which comply with specified requirements contained in subsection 3 [of S.C. Code Section 61-4-580] as long as the game or sweepstakes does not use a “poker machine?”

Requested by: The Honorable Barry J. Barnette, Solicitor, Seventh Judicial Circuit

Read more...

June 13, 2013

Opinion as to whether fines imposed in magistrates court for violations of county ordinances may be retained entirely by the county.

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

Read more...

June 12, 2013

Opinion as to who is legally responsible for inmates housed at the Marion County Prison Camp. Specifically, you wish to know whether you, as Sheriff, are responsible for inmates in the Marion County Prison Camp even though you are not over that facility.

Requested by: The Honorable Mark W. Richardson, Sheriff, Marion County

Read more...

June 11, 2013

Opinion asking may a nonprofit water company provide a month of free water to its residential customers but not to its business customers?

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

Read more...

June 10, 2013

Opinion regarding whether or not a real estate agent who is no longer licensed is entitled to a real estate commission.

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

Read more...

June 7, 2013

Opinion concerning a city councilmember who is also a licensed bail bondsman. Specifically, whether the South Carolina Department of Insurance (DOI)’s letter informing Mr. Hunt that he must forfeit his position on the City Council or his license as a bondsman is correct.

Requested by: The Honorable Kent M. Williams, Senator, District No. 30

Read more...

June 5, 2013

Opinion concerning placing individuals on trepass notice with regards to apartment complexes and government housing.

Requested by: The Honorable Danny Singleton, Municipal Judge, City of Seneca

Read more...

June 4, 2013

Opinion asking did the South Carolina legislature intend to define a drug felony conviction to include an “element” of a controlled substance for eligibility purposes under the Supplemental Nutrition Assistance Program (formerly the Food Stamp program, hereinafter “SNAP”)?

Requested by: Lynn McClendon, Director, SC Department of Social Services, Office of Individual & Provider Rights

Read more...

June 3, 2013

Opinion concerning the disposition of weapons seized by law enforcement for offenses other than those covered by the Preservation of Evidence Act.

Requested by: Crystal Moore, Chief of Police, Latta Police Department

Read more...

May 29, 2013

Opinion “on when the terms of Office for newly elected members of the Board of Trustees (Board) commence.”

Requested by: Gregory D. Padgett, Chair, College of Charleston Board of Trustees

Read more...

May 29, 2013

Opinion as to whether a proposed traffic ordinance conflicts with State law.

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

Read more...

May 28, 2013

Opinion asking is Greenwood County, as the owner of Lake Greenwood, authorized to charge an annual fee on docks as registering encroachments even though the South Carolina Constitution says “navigable waters and wharfs” shall not be taxed unless authorized by the General Assembly?

Requested by: The Honorable Phyllis Henderson, Member, House of Representatives

Read more...

May 21, 2013

Opinion concerning an Advanced Practice Registered Nurse (Nurse Practitioner) who is concerned about her ability to practice her profession in this state as the law permits.” Specifically, “whether South Carolina law permits a nurse practitioner to dispense certain scheduled prescription drugs to their patients after diagnosing and prescribing scheduled drugs for treatment.”

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

Read more...

May 21, 2013

Opinion concerning the expungement of records pertaining to criminal charges in summary courts.

Requested by: Robert L. McCurdy, Assistant Director, South Carolina Court Administration

Read more...

May 14, 2013

Opinion asking does an individual have to be a resident of South Carolina to be qualified for appointment to the position of Retiree Representative Member with the S.C. Retirement Investment Commission?

Requested by: Darry Oliver, Chief Operating Officer, S.C. Retirement System Investment Commission

Read more...

May 8, 2013

Opinion “concerning whether PEBA may legally authorize private employers to participate in the State Health Plan Provider Networks, which will allow these private employers to obtain the same rates for medical services that the State Health Plan has negotiated.”

Requested by: David K. Avant, Interim Executive Director, South Carolina Public Employee Benefit Authority

Read more...

May 8, 2013

Opinion as to whether the South Carolina Public Charter School District (the “District”) can require charter schools it has sponsored to perform certain accounting tasks.

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

Read more...

May 6, 2013

Opinion as to whether the Richland County First Steps Partnership’s (the “Richland Partnership”) Board has the authority under State law to purchase a building in which to house its operations.

Requested by: Susan DeVenny, Director, S.C. First Steps to School Readiness

Read more...

May 2, 2013

Opinion regarding the language of South Carolina Code Section 40-59-260 providing that “an owner must personally appear and sign” a building permit application, may an individual under a Power of Attorney authority specifying the Attorney-In-Fact’s specific authorizations, properly executed and witnessed and recorded in the permitting county be an adequate substitute to the requirement that the owner “personally appear” and meet the requirements under the law.

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

Read more...

April 30, 2013

Opinion related to the Little Mountain Reunion (the “Reunion”), a festival that has historically been held on an annual basis in the Town of Little Mountain (the “Town”).

Requested by: The Honorable Jana W. Jayroe, Mayor, Town of Little Mountain

Read more...

April 24, 2013

Opinion concerning the Office’s interpretation of the Equal Access to Interscholastic Activities Act, S.C. Code § 59-63-100, as it applies to child who is taken out of a public school and home schooled. Specifically, whether such a child must complete one year of home schooling under the Act before he or she may participate in interscholastic activities.

Requested by: The Honorable Wm. Weston J. Newton, Member, House of Representatives

Read more...

April 23, 2013

Opinion regarding “the effects on projects approved in an initial referendum to impose a one percent sale tax pursuant to Section 4-10-300, et seq. of the South Carolina Code.”

Requested by: The Honorable J. Yancey McGill, Senator, District No. 32

Read more...

April 19, 2013

Opinion regarding investigations by the South Carolina Law Enforcement Division (“SLED”) of shootings involving law enforcement officers.

Requested by: Mark Keel, Chief, State Law Enforcement Division

Read more...

April 18, 2013

Opinion regarding the authority of National Park Service Rangers (“Rangers”) at a National Park site to issue South Carolina Uniform Traffic Tickets (“UTT”) for violations on federal property.

Requested by: Mark Keel, Chief, State Law Enforcement Division

Read more...

April 18, 2013

Opinion addressing “social host” criminal liability as it pertains to the consumption of alcohol by minors.

Requested by: The Honorable James Lee Foster, Office of the Sheriff, County of Newberry

Read more...

April 16, 2013

Opinion asking if the Joint Legislative Committee wanted to use the 4% [special legal residence assessment pursuant to S.C. Code Section 12-43-220(c)(2)(ii)] would we be within the law or have we operated outside of the law in the past. Requested by: The Honorable Harvey S. Peeler, Jr., Member, SC Senate Read more…

Read more...

April 8, 2013

Opinion regarding the use of a vehicle by the Hampton County Coroner’s Office.

Requested by: The Honorable Ernie J. Washington, Sr., Hampton County Coroner

Read more...

April 5, 2013

Opinion asking is a particular candidate eligible to represent a Congressional District on the Board of Trustees of the Medical University of South Carolina when his wife owns (in her name only) a residence registered as her primary residence in a Congressional District other than his?.

Requested by: The Honorable Peter M. McCoy, Jr., Member, House of Representatives

Read more...

April 5, 2013

Opinion on whether the S.C. Dept. of Revenue may collect a submission/handling fee for the electronic recording of documents, S.C. Code 12-53-45. Requested by The Honorable Timothy L. Nanney, Register of Deeds, Greenville County. Read full opinion.  

Read more...

April 5, 2013

Opinion as to whether the South Carolina Department of Revenue (the “DOR”) may collect a submission/handling fee for the electronic recording of documents pursuant to S.C. Code 12-53-45 (Supp. 2012) in addition to the standard recording fee for such documents.

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

Read more...

April 4, 2013

Opinion regarding the appointment of reserve police officers by the Grenville-Spartanburg Airport District (“GSP”).

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

Read more...

April 2, 2013

Opinion asking whether the Union County supervisor is considered an elected official per S.C. Code § 4-9-30(7)? Does the supervisor fall within the scope of the county’s personnel policy? Is the county council itself authorized to hire and fire a county employee? Is county council authorized to reinstate an employee fired by the supervisor? And if county council does have the authority to fire a county employee or have an employee reinstated that is fired by the supervisor, what type of majority would county council have to have to do so?

Requested by: Sammy G. Diamaduros, Esquire, Union County Attorney

Read more...

April 2, 2013

Opinion asking whether a commissioned South Carolina Department of Public Safety (“DPS”) Special Constable who presently works at a local school district may carry his weapon onto school property.

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

Read more...

March 28, 2013

Opinion asking whether pursuant to S.C. Code of Laws Section 5-9-10 (1976 Code, as amended), does the mayor has the authority to suspend or remove the city administrator; municipal clerk; city attorney; or municipal judges?

Requested by: The Honorable Tim Goodwin, Mayor, City of Folly Beach

Read more...

March 26, 2013

Opinion asking whether you, as the elected auditor of Georgetown County, may present a case before the magistrate’s court as a representative of the county so that you may perform your duties?

Requested by: The Honorable Linda Mock, Georgetown County Auditor

Read more...

March 20, 2013

Opinion asking if the vehicles of the Greenwood County Sheriff’s Office [“Sherriff’s Office”] and [South Carolina] Department of Public Safety/[South Carolina] Highway Patrol [“DPS/Highway Patrol”] collide in an incorporated or unincorporated jurisdiction, where the Sheriff’s office vehicle is registered, which law enforcement agency should investigate the collision?

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

Read more...

March 14, 2013

Opinion asking which country is a constituent’s property located in where the home built on the property has been taxed since it was built close to fifteen years ago by Cherokee County but, for the first time, Spartanburg County assessor sent notice on March 19, 2021 to the constituent and to Cherokee County that he is taxing the home as being located in Spartanburg County?

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

Read more...

March 12, 2013

Opinion asking may a constituent receive the homestead exemption for his real property taxes pursuant to S.C. Code §12-37-250 for tax year 2012 if he moved to the property in May of 2011 and if he was already 65 years old when he moved?

Requested by: The Honorable Thomas D. Corbin, Senator, District No. 5

Read more...

March 8, 2013

Opinion concerning the meaning of the term “invasive surgical procedure” inasmuch as it is not defined in S.C. Code Ann. §17-5-530.

Requested by: The Honorable Rusty Clevenger, Coroner, Spartanburg County

Read more...

March 7, 2013

Opinion concerning dual office holding. Specifically, whether a member of City Council, who is also a business owner, may also serve as a member of the South Carolina Small Business Regulatory Review Committee (the “Review Committee”).

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

Read more...

March 5, 2013

Opinion regarding the Blacksburg Police Department (the “Department”) seeking to utilize forfeited funds seized pursuant to S.C. Code Ann. §§44-53-520, 530 to purchase specific items for the Department.

Requested by: Jamie P. Ham, Chief of Police, Blacksburg Police Department

Read more...

March 4, 2013

Opinion seeking the interpretation of S.C. Code § 30-4-40(a)(13) of the Freedom of Information Act (“FOIA”). Specifically, asking whether the above provision requires the disclosure of materials gathered to fill a governmental position for which there are three or more final applicants when an individual government employee is responsible for filing the position.

Requested by: Paul W. Dillingham, Esquire, Spencer & Spencer, P.A.

Read more...

March 1, 2013

Opinion on a magistrate’s general contempt authority. Requested by The Honorable Ernest M. O’Brien, Magistrate, Greenville County. Read full opinion.

Read more...

March 1, 2013

Opinion regarding a magistrate’s general contempt authority.

Requested by: The Honorable Ernest M. O’Brien, Magistrate, Greenville County Board Court

Read more...

February 26, 2013

Opinion addressing whether the Hanahan Police Department (“Department”) is required to reimburse Folly Beach for the expenses related to a police safety officer’s fire academy training.

Requested by: Michael A. Cochran, Ed.D., Chief of Police, Hanahan Police Department

Read more...

February 22, 2013

Opinion regarding the establishment of agricultural district programs by counties in South Carolina. Specifically, whether local governments have the authority to establish, through ordinance, voluntary agricultural district programs without enabling legislation.

Requested by: The Honorable Daniel B. Verdin, III, Senator, District No. 9

Read more...

February 19, 2013

Opinion regarding the interpretation of Act No. 292 of 1985.

Requested by: The Honorable Curtis M. Loftis, Jr., South Carolina State Treasurer and The Honorable Richard A. Eckstrom, South Carolina Comptroller General

Read more...

February 15, 2013

Opinion asking is the Probate Court required under S.C. Code § 20-1-570 to record marriages conducted without a statutorily-required marriage license under S.C. Code § 20-1-230 and § 20-1-340 (et al. statutes), where no license was applied for, and where both parties are still alive and not a part of any other proceeding in Probate Court?

Requested by: The Honorable Deidre Edmonds, Judge, Horry County Probate Court

Read more...

February 12, 2013

Opinion regarding S.C. Code Ann. § 16-11-788(C). Specifically asking whether a site must therefore be designated by statute as “prehistoric or historical” for § 16-11-788(C) to apply and whether the statute is applicable to private lands not so designated by statute.

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

Read more...

February 11, 2013

Opinion on Section 16-11-780(C) of the S.C. Code of Laws (definition of prehistoric or historical site). Requested by The Honorable C. Ryan Johnson, Magistrate, Greenwood County. Read full opinion.

Read more...

February 7, 2013

Opinion as to whether the S.C. State Housing Finance and Development Authority (the “Authority”), may enter into a “Financial Responsibility” agreement with Fannie Mae.

Requested by: Tracey C. Easton, Esquire, S.C. State Housing Finance and Development Authority

Read more...

February 6, 2013

Opinion questioning if a process server in South Carolina violate any trespass laws (specifically S.C. Code § 16-11-620) when serving court papers (a summons, complaint, petition, or subpoena) when the property posts a “No trespassing” sign or the property owner tells the process server to leave the property and not return.

Requested by: Mr. John M. “Jake” Knotts

Read more...

January 31, 2013

Opinion regarding procedures to be followed when a magistrate or municipal court judge finds no probable cause at a preliminary hearing on a general sessions charge.

Requested by: Robert L. McCurdy, Assistant Director, S.C. Court Administration

Read more...

January 31, 2013

Opinion questioning as to whether a Veterans Identification Card issued by the Department of Veterans’s Affairs would qualify as a federal military ID acceptable for voting.

Requested by: Marci Andino, Executive Order, South Carolina Elections Commission

Read more...

January 28, 2013

Opinion regarding the constitutional validity of “the Pickens County School Board…having an invocation at its regularly monthly meeting.”

Requested by: The Honorable Larry A. Martin, Senator, District No. 2

Read more...

January 28, 2013

Opinion regarding the authority of the Kershaw County Sheriff’s Department (the “Department”) to enforce federal gun laws.

Requested by: The Honorable Jim Matthews, Sheriff, Kershaw County

Read more...

January 15, 2013

Opinion asking does South Carolina Code Section 57-1-310 (1976, as amended) prohibit the son of a retired legislator from being elected to the Department of Transportation commission.

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

Read more...

January 14, 2013

Opinion regarding whether a person convicted of false imprisonment in North Carolina would be required to register his name on the South Carolina Sex Offender Registry (the “Registry”).

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

Read more...

January 10, 2013

Opinion concerning the meaning of the McCormick County [School] Board of Trustees’ policy that “[a]ny vacancy will be filled for the unexpired portion of the term in the same manner provided for vacancies for full terms.

Requested by: The Earlean C. Smiley, Ed.D., Superintendent, McCormick County School District

Read more...

January 4, 2013

Opinion as to whether S.C. Code § 16-17-680, as recently amended, permits a secondary metals recycler to enter into a cash transaction for the purchase of copper, catalytic converters, and beer kegs from certain individuals or entities.

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

Read more...

January 3, 2013

Opinion asking, is the City of Mullin’s Ordinance number 11-304 enforceable under South Carolina law?

Requested by: The Honorable William “Bo” McMillan, Mayor, City of Mullins

Read more...

Return to top

Schedule a Tour or Visit

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

image description
Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

Room 519 | Columbia, S.C. 29201

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

Back to top