2014 Opinions

December 29, 2014

Opinion request regarding the interpretation of the Iran Divestment Act of 2014.

Requested by W.D. Robertson, III, Office of General Counsel, South Carolina Budget and Control Board.

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December 23, 2014

Opinion request regarding the recent election for a Fairfield County Council seat that resulted in a victory for the incumbent by four votes.

Requested by John E. James, III, County Attorney for Fairfield County.

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December 23, 2014

Opinion request regarding Senate Bill 839 (“S.839”) dealing with “Industrial Hemp Cultivation.”

Requested by Hugh E. Weathers, South Carolina Commissioner of Agriculture.

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December 22, 2014

Opinion request regarding whether it is a conflict for a law firm to continue as general counsel to a statutorily-created special purpose district providing fire and sewer services when the spouse of the main attorney who represents the district has been elected a commissioner on the board of the special purpose district.

Requested by Trent M. Kernodle, Esquire, Kernodle, Root & Coleman.

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December 17, 2014

Opinion regarding preneed funeral contracts.

Requested by The Honorable Peter M. McCoy, Jr., Representative, District No. 115.

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December 17, 2014

Opinion regarding the applicability of the South Carolina Tort Claims Act to tort claims brought against the South Carolina Municipal Insurance and Risk Financing Fund.

Requested by The Honorable Rebecca Vance, Manager, Town of Cayce.

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December 12, 2014

Opinion regarding potential representation of a county veterans’ affairs officer who may be sued.

Requested by The Honorable Michael A. Pitts, Representative, District No. 14.

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December 4, 2014

Opinion regarding a Freedom of Information Act request that was received by the Fairfield County Detention Facility.

Requested by John E. James, III, County Attorney for Fairfield County.

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December 1, 2014

Opinion regarding whether the simultaneous service as a member of the Irmo-Chapin Recreation Board and as a Director of the Public Employee Benefit Authority constitutes dual office holding in violation of the South Carolina Constitution.

Requested by Stephen R. Van Camp, General Counsel, Public Employee Benefit Authority.

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November 25, 2014

Opinion regarding the suitability of implementing a land-use regulation permitting the Anderson Soil and Water Conservation District and each watershed director of the watersheds within the Anderson Soil and Water Conservation District the authority to issue and enforce criminal trespass notices to protect against “malicious trespass, damage and pollution to the watersheds, structures, and easements thereof.”

Requested by Captain Leonardo Ortiz, Anderson Soil and Water Commissioner.

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November 18, 2014

Opinion regarding whether service on both the South Carolina Education Oversight Committee and the Pickens County School Board would constitute dual office holding.

Requested by Phillip Bowers, S.C. Education Oversight Committee.

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November 18, 2014

Opinion regarding the constitutionality and legality of Oconee County Ordinance No. 2014-24.

Requested by Thomas L. Martin, Esquire, Oconee County Attorney.

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November 18, 2014

Opinion, requested on behalf of a constituent, regarding whether the Simpsonville City Council had “authority” in the actions of “demoting Police Chief Steve Moore and reinstating . . . [former police chief Keith] Grounsell . . . during a February 25, 2014, council meeting.”

Requested by The Honorable Mark N. Willis, House District No. 16.

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November 17, 2014

Opinion regarding “unearned comp time and payment of salary not due” for certain staff members employed with the John de la Howe School.

Requested by Ms. Viola Robinson Faust, John de la Howe School, Director of Finance and Business Operations.

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November 10, 2014

Opinion regarding whether membership on the South Carolina Real Estate Commission would constitute as an office for dual office holding purposes.

Requested by Arrigo P. Carotti, Horry County Attorney.

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November 6, 2014

Opinion regarding whether the South Carolina Coroners Association has authority pursuant to section 17-5-130 of the South Carolina Code to submit to the Governor a list of coroners who have not completed their required annual in-service training hours.

Requested by Lloyd B. Ward, Barnwell County Coroner.

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November 4, 2014

Opinion regarding the admissibility of certain evidence relating to computer privacy as well as the privacy of electronic communications in a family court proceeding.

Requested by The Honorable Timothy L. Brown, 13th Circuit Family Court Judge, Retired.

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October 27, 2014

Opinion regarding the South Carolina Transportation Infrastructure Bank and its involvement in providing financial assistance to the I-526/Mark Clark Extension Project in Charleston County.

Requested by The Honorable Robert L. Brown, Representative, District No. 116.

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October 16, 2014

Opinion regarding whether an individual member of a town council in a council form of government, without prior vote of a majority of council, has authority to independently review employee personnel files, cell phone records which are paid for by the town, and professional contract documents.

Requested by J. Martin Harvey, Esq., Allendale Town Attorney.

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October 16, 2014

Opinion regarding taxation of aircraft housed at Aiken Regional Airport, but whose ownership is either an LLC or a corporation domiciled in another state.

Requested by The Honorable Charles T. Barton, Aiken County Auditor.

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October 1, 2014

Opinion regarding the validity and enforcement of Town Ordinance 224, which “restricts all electronic communication in a. . . school zone.”

Requested by Chief H. Harold Brown, Chief of Police, Elgin Police Department.

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September 30, 2014

Opinion regarding whether the City of Traveler’s Rest possesses the authority to enact an ordinance restricting concealed weapons “from all or any part of Trailblazer Park,” a city-owned, multi-use facility regularly hosting special events.

Requested by Robert C. Childs, III, Esq., City Attorney, Traveler’s Rest City Council.

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September 29, 2014

Opinion regarding whether it is a violation for people who do not live inside of a town’s limits to cast ballots in an election for a town official.

Requested by The Honorable Dennis Moss, Representative, House District 29.

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September 23, 2014

Opinion regarding the authority of the Murrells Inlet-Garden City Fire District “to levy and collect taxes.”

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

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September 23, 2014

Opinion regarding the ownership of the Georgetown County Rice Museum/Town Clock and its contents.

Requested by Wesley P. Bryant, Georgetown County Attorney.

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September 22, 2014

Opinion regarding a county’s authority to establish additional requirements for landowners seeking to have timberland classified and assessed as agricultural real property.

Requested by The Honorable Daniel B. Verdin, S.C. Senate, District 9.

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September 19, 2014

Opinion regarding whether the position of Colleton County Attorney is an office for dual office holding purposes.

Requested by Sean P. Thornton, Esq.

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September 18, 2014

Opinion regarding the interpretation of statutory authority governing millage rate increases for special purpose districts in the context of Murrell’s Inlet-Garden City Fire District’s desire to increase its millage rate from 10 to 14 mills.

Requested by The Honorable Stephen Goldfinch, Jr., Representative, District No. 108.

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September 16, 2014

Opinion regarding whether a proposed amendment, as contained in pending legislation, H. 3925 in particular, can retroactively amend a savings clause from a prior act, specifically Act 198 of 2012, “to eliminate the Savings Clause included in the original version of Act 198 without violation of the State Constitution.”

Requested by the Honorable James E. Smith, Jr., House District 72.

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September 12, 2014

Opinion regarding whether the Fifth Circuit Solicitor’s Office may create a nonprofit eleemosynary corporation as a foundation to provide first aid kids to aid participants in the Veterans and treatment court programs.

Requested by The Honorable Dan Johnson, Fifth Circuit Solicitor.

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September 11, 2014

Opinion regarding the legal status of Mr. Robert W. Harrell, both as Speaker of the House and as a member of the House, following the recent indictment of Mr. Harrell.

Requested by The Honorable James E. Smith, Jr., Richland County Judiciary Committee, and The Honorable Todd Rutherford, House Minority Leader.

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September 8, 2014

Opinion regarding the Equal Access to Interscholastic Activities Act, SC Code 59-63-100 (Supp. 2013), in the context of a home school student’s eligibility to continue to participate in an interscholastic activity at a certain school after moving to a residence that falls within the same school district but a different attendance boundary.

Requested by The Honorable Shane Martin.

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September 5, 2014

Opinion regarding commodity prices following a state or federal disaster.

Requested by The Honorable Liston Barfield, House District No. 58.

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September 3, 2014

Opinion regarding the applicable constitutional law concerning public invocations as provided in SC Code 6-1-160(C).

Requested by William F. Halligan, Esq., Childs & Halligan.

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August 28, 2014

Opinion regarding the ability of an associate probate judge to serve as the personal representative for an estate of a “family friend” pursuant to her appointment within the decedent’s Last Will and Testament.

Requested by The Honorable Kathy P. Zorn, Pickens County Probate Court.

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August 26, 2014

Opinion regarding whether a properly filed Rule 5 discovery motion, and applicable case law pertaining to discovery in criminal cases, would permit the disclosure of tax related information without violating Section 12-54-240.

Requested by Joe. S. Dusenbury, Jr., General Counsel, SC Department of Revenue.

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August 25, 2014

Opinion regarding whether the Election Commission should proceed with placing the form of government referendum question for the Town of Chapin on the November 4, 2014 general election ballot.

Requested by Jeff M. Anderson, Esq., Attorney for the County of Lexington.

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August 25th, 2014

Opinion regarding the appropriate procedure for disposition of funds held by a personal representative of an estate upon the determination that no heir exists “to take” pursuant to the laws of intestate succession.

Requested by: The Honorable J. Munford Scott, Probate Court Judge for Florence County.

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August 22, 2014

Opinion clarifying an opinion from July 28, 2014 regarding the Beaufort County Library Board of Trustees.

Requested by: Joshua A. Gruber, Esq., Beaufort County Attorney

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August 19, 2014

Opinion as to whether serving concurrently on the South Carolina State Board for Technical and Comprehensive Education and the Horry County Solid Waste Authority Board of Directors would contravene the dual office holding prohibition set forth in our State’s Constitution.

Requested by: Ms. Connie S. Turner, Horry County Legislative Delegation, Administration Assistant

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August 19, 2014

Opinion regarding the interpretation of Section 7-5-120(B)(3) of the South Carolina Code. Specifically, pursuant to the terms of Section 7-5-120(B)(3), a Fairfield County resident who was convicted of a felony was removed from the active voting rolls.

Requested by: John E. James, Esq., Fairfield County Attorney

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August 14, 2014

Opinion regarding the Comptroller General “has received a request from the South Carolina Retirement Systems Investment Commission (“RSIC”) to process payment pursuant to South Carolina Code Annotated Section 9-16-370, for reimbursement of legal fees incurred by an RSIC Commission member.

Requested by: Mr. William E. Gunn, Chief of Staff, Office of the Comptroller General

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August 14, 2014

Opinion regarding several questions on special elections in the County of Lexington.

Requested by: Mr. Jeff M. Anderson, Attorney for the County of Lexington

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August 13, 2014

Opinion as to whether an individual is operating under a conflict of interest where the individual at issue is both a school board trustee and a temporary employee of the district.

Requested by: The Honorable Michael A. Pitts, District No. 14-Greenwood-Laurens Counties

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August 8, 2014

Opinion asking whether a provision of the School Board Act, Section 59-71-155 in particular, applies to a Tax Anticipation Note (“TAN”) authorized pursuant to Article X, Section 15 of the South Carolina Constitution, as well as Sections 11-27-50(4) and 59-69-270 of the South Carolina Code.

Requested by: The Honorable Curtis A. Loftis, Jr., State Treasurer

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August 8, 2014

Opinion regarding the interpretation of Section 16-1-57 of the South Carolina Code, also known as the “three strikes and you’re out” statute.

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

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August 5, 2014

Opinion regarding “Simpsonville has just implemented Standing Committees with three council members on each committee. Two friends that have always gone to lunch and on day trips together happen to be on a committee together. Since the two now present a quorum, does this mean they will no longer be able to socialize?”

Requested by: The Honorable Geneva Lawrence, Mayor pro tempore, Simpsonville City Hall

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August 5, 2014

Opinion pertaining to the offense of criminal trespass, a violation of S.C. Code Ann. § 16-11-60 (2003).

Requested by: Master Deputy Patrick Cockrell, Spartanburg County Sheriff’s Office

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August 4, 2014

Opinion regarding “[a] County Clerk of Court recently received a request pursuant to the S.C. Freedom of Information Act (“FOIA”) from a citizen asking for names and contact information of County grand jurors.”

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

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July 29, 2014

Opinion asking may Coastal Carolina University establish a research foundation to process grants, contracts and other documents.

Requested by: Timothy E. Meacham, Esquire, Coastal Carolina University Counsel

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July 28, 2014

Opinion concerning the legality of the actions that may be taken by the Capital Project Sales Tax Commission subsequent to the actions that may be taken by the Capital Project Sales Tax Ordinance as presented. Specifically, would it be legally permissible for the Commission to reconvene of its own volition and accord to discuss the actions taken by Beaufort County Council.

Requested by: Joshua A. Gruber, Esquire, Staff Attorney, Beaufort County

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July 28, 2014

Opinion concerning the Beaufort County Library Board of Trustees (“Board”), this Office determined that the Board reported to and was accountable to the county administrator and not to the county council.

Requested by: Leesa Benggio, Interim Director, South Carolina State Library

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July 24, 2014

Opinion regarding “both the timeline and procedures for appointing members to the new board” and further ask us to address “how long…the incumbent members of the Board of Elections and Voter Registration of Richland County may continue serving in the ‘combined governing capacity’ described in SECTION 3 of Act 196 of 2014.”

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

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July 22, 2014

Opinion regarding “the interpretation of Bill S.1284 as it relates to the procedure for elections after reapportionment.”

Requested by: Bert Duffie, Esquire, General Counsel, Colleton County Board of School Trustees

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July 15, 2014

Opinion as to whether an individual can serve as Elloree’s clerk of court if she currently serves as a neighboring municipality’s clerk of court and associate municipal court judge.

Requested by: The Honorable Mike Fanning, Mayor Pro Tem

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July 14, 2014

Opinion answering multiple questions in regards to charging and prosecuting the DUI on the designated ticket.

Requested by: The Honorable Steve Loftis, Greenville County Sheriff’s Office

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July 9, 2014

Opinion as to whether the Town of Edgefield can reinstate a property tax millage rate of 81 mills, which was adjusted from 81 to 0 mills in 2006 under the impression that it could subsequently be reintroduced.

Requested by: The Honorable Roger Le Due, Town of Edgefield Administrator

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July 3, 2014

Opinion concerning whether or not Oconee County may continue to utilize late tax penalties collected by the county on ad valorem taxes.

Requested by: The Honorable Gregorie W. Nowell, Oconee County Treasurer

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July 2, 2014

Opinion regarding the recording requirements the Office of the Register of Deeds should impose for cancellations and terminations of a bond for title, land contract, or other miscellaneous agreement and whether the seller involved in such an agreement can unilaterally cancel the contract after the purchaser’s default, pursuant to the contract’s terms.

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

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June 30, 2014

Opinion “concerning a memorandum of understanding (hereinafter “MOU”) that was presented to the Pickens County Board of Voter Registration and Elections (hereinafter “The Board”) by the Pickens County Council…”

Requested by: The Honorable Larry A. Martin, Senator, Pickens County

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June 30, 2014

Opinion asking several questions regarding mandatory reporting when an adult discloses that they were abused as a child.

Requested by: The Honorable Mike Fair, SC Senate

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June 18, 2014

Opinion asking does the Charleston County Aviation Authority, as a special purpose district, have to pay building permit fees, or is the special purpose district exempt from such ordinances and regulations enacted by the county or municipality with jurisdiction over the special purpose district?

Requested by: Andrew Savage, Esquire, Charleston County Aviation Authority

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June 13, 2014

Opinion asking several questions regarding the James Island Public Service District receiving funds and statutory provision [S.C. Code §] 4-10-10.

Requested by: The Honorable Bill Woolsey, Mayor, Town of James Island

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June 10, 2014

Opinion regarding the heritage Act, codified at S.C. Code Ann. Section 10-1165.

Requested by: The Honorable Larry Grooms, Senator, District No. 37; and The Honorable Danny Verdin, Senator, District No. 9.

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June 10, 2014

Opinion regarding an opinion we issued on May 20, 2014 in which we opined that an individual’s service as a Colleton County School Board Trustee and as a Colleton County Deputy Sheriff would most likely violate the prohibition against dual office holding.

Requested by: Bert Duffie, General Counsel, Colleton County Board of School Trustees

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June 10, 2014

Opinion regarding the validity of a proviso contained within the South Carolina General Assembly’s General Appropriations Act for fiscal year 2013-14, specifically, proviso 84.14 of the Act.

Requested by: Ronald E. Mitchum, Executive Director, Berkeley Charleston Dorchester Regional Council of Governments

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June 3, 2014

Opinion on whether speeds posted on yellow traffic warning signs are legally enforceable or merely warnings to motorists, and, if enforceable, the appropriate traffic charges that can be issued for violation of such speeds.

Requested by: The Honorable Ronald C. Halfacre, Newberry County Magistrate Judge

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June 2, 2014

Opinion asking may delinquent tax collector include fees such as stormwater runoff and solid waste fees as “any applicable fees” on the county tax bill pursuant to South Carolina Code 12-43-350(9)? And may a fee such as a stormwater runoff or solid waste fee be collected through a tax sale when no ad valorem property tax is included on a tax bill?

Requested by: The Honorable Daniel M. Gregory, Charleston County Delinquent Tax Collector

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June 2, 2014

Opinion regarding the definition of “first offense” in section 22-5-910 of the South Carolina Code, i.e. the adult expungement statute. Specifically, whether “first offense” means “first in time” or whether it means a type of crime.

Requested by: The Honorable Karl B. Allen, Senator, District No. 7

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May 30, 2014

Opinion regarding various questions arising under the Administrative Procedures Act (“APA”) as well as statutes and regulations relating to the Commission on Higher Education (“CHE”).

Requested by: The Honorable John Richard C. King, House District No. 49

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May 21, 2014

Opinion regarding whether the City of Anderson can charge people who live outside the city limits higher rates for water than it charges its residents.

Requested by: The Honorable Don Bowen, Member, House of Representatives

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May 20, 2014

Opinion as to whether an individual can serve simultaneously as a Colleton County School Board Trustee and as a Colleton County Sheriff’s Deputy.

Requested by: The Honorable Kenneth F. Hodges, Member, House of Representatives

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May 20, 2014

Opinion asking whether the definitions section of a county ordinance, which you say seems to be “broader” than the definitions section of a related state law, is superseded by that state law, “despite the fact that localities are permitted to enact ordinances.”.

Requested by: The Honorable Daniel B. Verdin, Senator, District 9; The Honorable Katrina Shealy, Senator, District 23

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May 20, 2014

Opinion on whether section 40-80-20(B) of the South Carolina Code applies to convictions of arson which occurred prior to June 30, 2001.

Requested by: Chief David W. Jennings, Flint Hill Fire Department

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May 14, 2014

Opinion regarding the interpretation of Section 59-130-10 as it relates to the effect of the General Assembly’s failure to re-elect a member of the College of Charleston Board of Trustees. Requested by: The Honorable Harvey S. Peeler, Jr., Senatorial District No. 14 Read full opinion.

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May 12, 2014

Opinion regarding whether a former elected county official who pled guilty to misconduct in office pursuant to South Carolina Code § 8-1-80 et seq. pursuant to a State Grand Jury indictment would be guilty of a crime of moral turpitude for using state property for his own personal and pecuniary gain. Requested by:  Mark A. Keel, Chief, S.C. Law Enforcement Division Read full Opinion

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May 12, 2014

Opinion regarding authorized emergency vehicles. Requested by:  Chief David W. Jennings, Flint Hill Fire Department Read full opinion.

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May 5, 2014

Opinion regarding SC Code Section 5-7-170 and council members salary change. Requested by Kenneth E. Gaines, Columbia City Attorney Read full opinion.

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May 5, 2014

Opinion regarding a seat on the Winthrop University Board of Trustees. Requested by:  The Honorable Harvey S. Peeler, Jr., Senator, District No. 14 Read full opinion.

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May 2, 2014

Opinion asking whether an individual concurrently serving on both the Williamsburg County Election Commission and as Mayor of Greeleyville, violates Article XVII, Section 1A’s prohibition on dual-office holding.

Requested by: Priscilla Cooper, Chairperson, Williamsburg County Election Commission

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April 29, 2014

Opinion whether the position of an individual on both the Orangeburg County Planning Commission and the City of Orangeburg Aviation Commission would constitute dual office holding.

Requested by: James F. Walsh. Jr., Esq., City of Orangeburg Attorney

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April 29, 2014

Opinion regarding whether or not a portion of monies collected from a sales tax pursuant to section 4-10-10 et seq. by the City Florence can be used to support a facility for teaching third and fourth year medical students.

Requested by: The Honorable Kristopher R. Crawford, Member, House of Representatives

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April 28, 2014

Opinion asking several questions regarding taxes and receipt of funds in the Town of James Island and James Island Public Service District.

Requested by: The Honorable Bill Woosley, Mayor, Town of James Island

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April 25, 2014

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

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

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April 17, 2014

Opinion as to whether a staff member at the South Carolina Criminal Justice Academy (the “Academy”) may lawfully engage in a private business during his or her free time.

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

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April 14, 2014

Opinion concerning the training required of magistrates’ constables in order for them to carry a handgun while performing their duties in such capacity, referencing the language of S.C. Code §§ 22-9-180 and -190, as well as two prior opinions from 1976 and 1978.

Requested by: The Honorable Joshua R. Edwards, Magistrate, Darlington County

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April 10, 2014

Opinion concerning several issues related to the expungement of criminal records.

Requested by: The Honorable Steve Loftis, Sheriff, Greenville County

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April 1, 2014

Opinion concerning whether two joint resolutions are applicable to an agreement between Beaufort County and Del Webb Communities, Inc.

Requested by: Joshua A. Gruber, Staff Attorney, Beaufort County Council

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March 31, 2014

March 31, 2014 Opinion concerning whether State law requires that a referendum be held in order to change elections for the City of Georgetown from partisan to nonpartisan.

Requested by: Elise F. Crosby, Esquire, City Attorney, City of Georgetown; Donna Mahn, Director, Georgetown County Elections Commission

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March 27, 2014

Opinion asking may Gaffney City Council use funds from local hospitality tax collected pursuant to South Carolina Code Section 6-1-720 et seq. to repair roads ) e.g., fixing pot holes and resurfacing roads)?

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

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March 27, 2014

Opinion on several issues regarding the Beaufort County Library Board of Trustees.

Requested by: The Honorable Hulen E. Bivins, State Library Director, South Carolina State Library

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March 27, 2014

Opinion asking may a city council form of municipal government vote the mayor pro tempore instead of mayor as the presiding officer at city council meetings?

Requested by: The Honorable Joseph W. Owens, Mayor, City of West Columbia

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March 25, 2014

Opinion asking may delinquent tax collectors rely on electronic records of signatures and electronic signatures for restricted mail, return-receipt certified mail, delinquent tax sales notices and still be in compliance with S.C. Code Title 12, Chapter 51?

Requested by: The Honorable Daniel M. Gregory, Charleston County Delinquent Tax Collector

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March 18, 2014

Opinion asking would the current owner of a property have standing to challenge a real property tax assessment on his property even though he did not own the property “as of December thirty-first of the year preceding the tax year” pursuant to South Carolina Code Section 12-37-610?

Requested by: The Honorable Sean M. Bennett, Senator, District No. 38

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March 18, 2014

Opinion asking can a member of an organized fire department who has risen to the point that his duties may include those of a local fire marshal, but who is not certified by the State Fire Marshal and not acting under that state authority, be commissioned by a Police Chief or Sheriff as a law enforcement officer then be considered not to hold two public office in violation of the State Constitution.

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

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March 17, 2014

Opinion as to whether an out-of-state company can hire off-duty police officers to provide armed security in this State without being licensed as a private security business under Chapter 18 of Title of the S.C. Code.

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

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March 17, 2014

Opinion as to whether a person or entity whose license to sell alcohol has been suspended or revoked is eligible to obtain another license for a different location during the period in which such suspension or revocation is in effect.

Requested by: The Honorable Mike Fair, Senator, District No. 6

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March 12, 2014

Opinion “on an issue that could impact the ability of the State of South Carolina to hold elections during the current election cycle.”

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

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March 12, 2014

Opinion regarding whether a governmental entity can donate money to a private religion-based educational institution.

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

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March 6, 2014

Opinion concerning the certification and nomination of candidates for countywide and less than countywide office by political parties in light of the recent enactment of the Equal Access to the Ballot Act (the “Act”) of 2013.

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

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March 3, 2014

Opinion regarding the proper interpretation of Sections 6 and 7 of Act 69 of 2011, now codified at S.C. Code Ann. § 17-13-170 and 23-3-1100 respectively.

Requested by: The Honorable Richard M. Gergel, Judge, United States District Court

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March 3, 2014

Opinion asking, is an individual who has been granted Deferred Action for Childhood Arrivals (“DACA” or “deferred Action”) status eligible for a South Carolina professional or occupational license?

Requested by: Melina Mann, General Counsel, South Carolina Department of Labor, Licensing and Regulation

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February 28, 2014

Opinion asking does S.C. Code 4-5-130 allow for the Commission to direct the named surveyors to compile a plat of area proposed to be annexed and may the Commission waive the requirement that “such surveyors shall clearly mark the proposed change of the lineup the land? And what effect does Article VII, Section 14 of the State Constitution have on the proposed Daniel Island annexation in light of the location of the present corporate limits of the City of Charleston?

Requested by: The Honorable Paul Campbell, Senator, District No. 44; and The Honorable Larry Grooms, Senator, District No. 37

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February 28, 2014

Opinion asking whether a municipality may “legally impose a storm water fee on its’ citizens under federal and/or state law?”

Requested by: The Honorable B.R. Skelton, Representative, District No.3

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February 24, 2014

Opinion asking does Rule 29(a) of the South Carolina Rules of Criminal Procedure allowing post-trial motions without a hearing permit a sentence reduction by a judge without prior notification to the Victim or opportunity for the Victim to be heard concerning such reduction?

Requested by: Veronica Swain Kunz, Crime Victims’ Ombudsman, Office of the Crime Victims’ Ombudsman

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February 18, 2014

Opinion concerning the potential use of radar speed measurement devices by private security officers on the properties they are hired to protect.

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

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February 3, 2014

Opinion on several issues regarding William E. Robinson’s service as a member of Allendale County Council, as an ex officio member of the Allendale County Aeronautics and Economic Development Commission, and as an employee of SouthernCarolina Alliance.

Requested by: Walter H. Sanders, Jr., Esquire, Allendale County Attorney

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February 3, 2014

Opinion asking does S.C. Code § 33-31-620 and § 33-31-621 concerning resignation and termination in a nonprofit corporation apply to a nonprofit corporation that is also a property owner’s association?

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

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February 3, 2014

Opinion as to whether the developer of a “safety-related” smartphone application (the “Developer”) and certain employees would be subject to licensing and registration requirements of Chapter 18 Title 40 of the S.C. Code concerning private security agencies if the application is made available for use in this State.

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

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January 31, 2014

Opinion asking, must a South Carolina Probate Court continue to maintain tangible paper index books in addition to electronic records or will an electronic system of record keeping suffice under the current law?

Requested by: The Honorable Deirdre W. Edmonds, Horry County Judge of Probate

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January 23, 2014

Opinion as to whether Spartanburg County (the “County”) may cease providing insurance benefits to members of the County Election Commission and the County Board of Registration when the County transitions from its current insurance plan to the South Carolina Public Employee Benefit Authority’s (PEBA) insurance benefits program.

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

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January 23, 2014

Opinion as to whether Spartanburg County (the “County”) must continue to provide members of the County Election Commission and the Board of Registration with the option to purchase health insurance through the County’s insurance program.

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

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January 15, 2014

Opinion as to whether the Horry County School District (the “District”) may use either Adult Uniformed Security Guards or State Constables to direct traffic on and around school property.

Requested by: Saundra Rhodes, Chief, Horry County Police Department; and Dr. Cynthia Elsberry, Superintendent, Horry County School District

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January 15, 2014

Opinion asking may Greenville County use S.C. Code Section 12-37-235 to levy a fire service fee on tax exempt real property (such as cemeteries, hospitals, synagogues, non-profit corporations and churches) on behalf of a special purpose district and remit such a fee to the special purpose district?

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

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January 14, 2014

Opinion asking does the Charleston County Aviation Authority have to go through the process under the South Carolina Consolidates Procurement Code (“S.C. Procurement Code”) pursuant to S.C. Code 11-35-10 et seq. for a written contract with its legal counsel will work pursuant to contract and not as an employee?

Requested by: Andrew J. Savage, III, Chairman, Charleston County Aviation Authority Board

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January 6, 2014

Opinion regarding the Regional Transportation Authority Law.

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

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January 2, 2014

Opinion regarding the interpretation of “current dog hunting legislation,” which I understand to be Section 50-11-770 of the South Carolina Code, also known as the Renegade Hunter Act (“the Act”). And as to “whether DNR is interpreting legislation as intended”.

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

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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. Schedule a tour or visit.

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Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

Room 519 | Columbia, S.C. 29201

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

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