2015 Opinions

December 30, 2015

Opinion regarding whether the Clarendon County Fire Protection Service Area would be subject to the millage rate cap imposed by S.C. Code Ann. 6-1-320 (Supp. 2014).

Requested by Patricia Pringle, Esq., Clarendon County Auditor.

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December 21, 2015

Opinion regarding the interpretation of Section 8-21-765(B) of the South Carolina Code, specifically “whether S.C. Code Ann. § 8-21-765 entitles a Dillon County probate judge, who is paid more than the base salary, to the same cost-of-living increase afforded to state employees last fiscal year.”

Requested by Alan L. Berry, Jr., Dillon County Attorney.

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December 18, 2015

Opinion regarding legislation currently being considered by the General Assembly that would amend S.C. Code Ann. § 38-71-280 (2015).

Requested by Michael W. Gambrell, S.C. House of Representatives, Chairman, Insurance Subcommittee.

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December 16, 2015

Opinion regarding whether S.C. Code Ann. 5-7-180 prohibits the Fire Chief or member of the City of Loris Volunteer Fire Department from simultaneously serving as a member of the Loris City Council.

Requested by Michael W. Battle, Esq., City Attorney for the City of Loris.

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December 11, 2015

Opinion on the State Ethics Act.

Requested by The Honorable David Pascoe, Solicitor, First Judicial Circuit.

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December 10, 2015

Opinion regarding the validity of a certain provision of a business license ordinance in place in the City of Hardeeville.

Requested by Prina C. Maines, Esq., Hardeeville City Attorney.

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December 1, 2015

Opinion regarding Section 56-5-6240(A) of the South Carolina Code.

Requested by The Honorable Kevin S. Brackett, Solicitor, Sixteenth Judicial Circuit.

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November 24, 2015

Opinion concerning use of Dorchester County property taxes for school resource officers (SROs), and regarding the authority of SROs.

Requested by The Honorable Paul Thurmond, Member, South Carolina Senate, District No. 41.

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November 24, 2015

Opinion regarding Act No. 472 of 1976 and S.C. Code 4-9-70.

Requested by Dr. George Yeldell, Chairman, McCormick County School District, and G.P. Callison, Jr., Esquire, McCormick County Attorney.

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November 23, 2015

Opinion regarding Department of Revenue Regulation 7-701.5, entitled Natural Wines Defined.

Requested by The Honorable Bill Herbkersman.

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November 16, 2015

Opinion regarding the authority of town council to have an elected member of council removed by vote.

Requested by The Honorable Joe Nates, Chief of Police, Irmo Police Department.

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November 13, 2015

Opinion related to S.C. Code Ann. § 7-3-20(C)( 12)(Supp. 2014), providing that the executive director of the South Carolina Election Commission shall “furnish at reasonable price any precinct lists to a qualified elector requesting them.”

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

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November 13, 2015

Opinion regarding criminal conspiracy, specifically whether a defendant is guilty of a felony when he is convicted of conspiracy to commit a crime classified as a misdemeanor.

Requested by Tonya K. Kohn, Staff Attorney, South Carolina Court Administration.

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November 12, 2015

Opinion regarding whether being declared a disaster area affects the use of public funds and equipment on private property.

Requested by Paul M. Fata, Lee County Attorney.

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November 12, 2015

Opinion regarding the Savannah Lakes Village Special Tax District.

Requested by G.P. Callison, Jr., Esquire, McCormick County Attorney, Callison Dorn Law Firm, P.A.

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November 12, 2015

Opinion regarding whether an individual may serve simultaneously as a public defender and as a member of county council in the same county.

Requested by J. Hugh Ryan III, South Carolina Commission on Indigent Defense.

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November 10, 2015

Opinion regarding the interpretation of Section 23-47-65 of the South Carolina Code.

Requested by Frank A. Rainwater, Executive Director, South Carolina Revenue and Fiscal Affairs Office.

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November 9, 2015

Opinion regarding whether the South Carolina Commission of Higher Education has the legal authority to participate in the State Authorization Reciprocity Agreement.

Requested by Tim M. Hofferth, Chair, South Carolina Commission of Higher Education.

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November 2, 2015

Opinion on police officers signing other officers’ warrants.

Requested by The Honorable Dana Turner, Chief Administrative Judge, City of Columbia Municipal Court.

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November 2, 2015

Opinion regarding the practice of “police officers signing other officer’s warrants.”

Requested by The Honorable Dana Turner, Chief Administrative Judge, City of Columbia Municipal Court.

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October 28, 2015

Opinion regarding the legality of the structure of an advisory study committee created by the General Assembly as part of Proviso 82.10 of the 2015-2016 Appropriations Act.

Requested by Mr. Kevin Shwedo, Executive Director, South Carolina Department of Motor Vehicles.

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October 28, 2015

Opinion concerning whether the Enabling Act (Act No. 769 of 1973) is constitutional under the Home Rule Amendments.

Requested by The Honorable William M. “Bill” Chumley, House of Representatives, District No. 35.

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October 27, 2015

Opinion regarding whether the Greenville County Legislative Delegation has the authority to obtain legal counsel or to request appropriation of funds to obtain legal counsel to take action against the Greenville Health System, and whether the Greenville County Legislative Delegation has authority to instruct the GHS Board, or any other entity, to take an action or not.

Requested by The Honorable Wendy Nanney, Chairman, Greenville County Legislative Delegation.

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October 26, 2015

Opinion on dual office holding (serve as Coroner and Chief Magistrate of Dorchester County). Requested by Mark A. Leiendecker, First Circuit Public Defender. Read full opinion.

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October 26, 2015

Opinion regarding whether simultaneously holding the positions of Coroner of Dorchester County and Chief Magistrate of Dorchester County would contravene the dual office holding prohibition set forth in the State’s Constitution as well as the Judicial Code of Conduct.

Requested by Mark A. Leiendecker, First Circuit Public Defender.

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October 21, 2015

Opinion regarding whether “online newspapers” that exist solely on the internet with no print circulation would be considered a newspaper of general circulation as the term is used within statutes and regulations imposing legal notice requirements for various purposes.

Requested by G. Lee Cole, Jr., Esquire, Williamston Town Attorney.

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October 20, 2015

Opinion regarding an interpretation of the Ethics Act.

Requested by Kenneth A. Bingham, Chairman, House Legislative Ethics Committee.

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October 19, 2015

Opinion regarding a late application with the South Carolina Department of Revenue to obtain a tax credit pursuant to S.C. Code Sections 11-44-40, 11-44-70, et seq.

Requested by The Honorable Katrina Shealy, Senator, District 23.

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October 15, 2015

Opinion regarding whether it would be a violation of the constitutional prohibition against dual office holding for an individual to serve simultaneously on the Beaufort Memorial Hospital Board of Trustees and as Jasper County Attorney.

Requested by Terry R. Murray, Chairman, Beaufort Memorial Hospital Board of Trustees.

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October 14, 2015

Opinion regarding S.C. Code Ann. 17-7-175 (2014) which provides coroners with the power to issue a subpoena duces tecum to aid in the investigation of an individual’s cause of death.

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

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October 13, 2015

Opinion regarding whether the Bamberg Board of Public Works may purchase, own and operate a golf course or a “country club” which would include a golf course, pool and meeting facilities, etc.

Requested by Will Martin, General Manager, Bamberg Board of Public Works.

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October 13, 2015

Opinion regarding S.C. Code Section 25-11-40.

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

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October 12, 2015

Opinion regarding whether people who own property adjacent to a state highway can place objects (such as cement blocks), flagging, or signs on the right of way.

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

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September 29, 2015

Opinion regarding the statutory construction of S.C. Code Ann. 7-15-700, a provision of the South Carolina Uniform Military and Overseas Voters Act.

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

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September 28, 2015

Opinion regarding assessments under the County Public Works Improvement Act, S.C. Code Ann. 4-35-10 et seq. (1976 Code, as amended).

Requested by Cheryl Morgan, Lancaster County Auditor.

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September 28, 2015

Opinion on Act 432, can Greenville Health Systems transfer ownership of itself to a private entity without public or legislative approval.

Requested by the Greenville Legislative Delegation.

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September 28, 2015

Opinion on whether Greenville Health Systems can transfer assets to a foundation that has no accountability to the Greenville Legislative Delegation.

Requested by The Honorable Mike Fair, Member, South Carolina Senate.

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September 24, 2015

Opinion regarding whether one can be employed as a constable for a magistrate court and run for sheriff at the same time.

Requested by Kayla Buchanan, SCTR – Bates Township Summary Court.

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September 17, 2015

Opinion regarding 30-9-30(B)(2) of the Code of Laws of South Carolina.

Requested by Marvin C. Jones, Esq., Office of the Jasper County Attorney.

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September 15, 2015

Opinion regarding the release of vehicles confiscated pursuant to Section 56-5-6240.

Requested by The Honorable Charles E. McNair, Chief, Cayce Department of Public Safety.

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September 15, 2015

Opinion regarding if the Florence County’s borrowing of millions of dollars beyond the county’s Constitutional debt limit of $35 million dollars renders the Constitutional debt limit of a county a thing of the past.

Requested by: The Honorable Dean Fowler, Office of Treasurer, Florence County

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September 8, 2015

Opinion regarding the proper interpretation of Section 9 of the Supplemental Appropriations Bill for 2015 (H 4230).

Requested by The Honorable Tom Davis, Senator, District 46.

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September 3, 2015

Opinion regarding whether the Tourism Expenditure Review Committee is obliged to review expenditures of state accommodations tax funds by tourism promotion organizations which have received distributions from municipalities and counties from the special fund for tourism created by S.C. Code 6-4-10(3).

Requested by Edward W. Riggs, Sr. Chairman, South Carolina Tourism Expenditure Review Committee.

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August 27, 2015

Opinion regarding Section 16-23-50 of the South Carolina Code.

Requested by Sheriff Rick Clark, Pickens County Sheriff’s Office.

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August 24, 2015

Opinion regarding use of Special Tax District tax funds.

Requested by G.P. Callison, Jr., Esq., McCormick County Attorney.

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August 24, 2015

Opinion regarding whether Section 24-21-715 of the South Carolina Code allows “for medical parole of any inmate, including those sentenced for ‘no parole’ offenses.”

Requested by Kela E. Thomas, Director, Department of Probation, Parole and Pardon Services.

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August 21, 2015

Opinion regarding how to compute the amount of time a defaulting taxpayer has to redeem property subsequent to a tax sale.

Requested by William B. Caldwell.

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August 18, 2015

Opinion regarding the requirements imposed on the South Carolina Department of Revenue pursuant to S.C. Code Ann. 12-53-45 (2014).

Requested by The Honorable Wendy K. Nanney, Representative, District No. 22.

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August 7, 2015

Opinion regarding the interpretation of Section 17-13-40 of the South Carolina code, known to some as the “hot pursuit statute.”

Requested by The Honorable Dennis K. Tyndall, Chief of Police, West Columbia Police Department.

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August 6, 2015

Opinion regarding the permissibility of Delphi Automotive conducting a one-day demonstration drive of an autonomous motor vehicle through South Carolina as part of a cross-country drive from California to New York.

Requested by Warren V. Ganjehsani, Esq., General Counsel, South Carolina Department of Public Safety.

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August 4, 2015

Opinion regarding the constitutionality of S.C. Code Ann. Section 2-19-20(C), which prohibits any person from concurrently seeking more than one judicial vacancy.

Requested by The Honorable Gerald Malloy, Senator, District No. 29.

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July 28, 2015

Opinion regarding the legal definition of “alternative structure” in section 63-11-1720(F)(1) of the South Carolina code.

Requested by The Honorable Mike Fair, Chairman, Senate Committee on Corrections & Penology.

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July 27, 2015

Opinion regarding the interpretation of Section 24-3-580 of the South Carolina Code.

Requested by Bryan P. Stirling, Director, South Carolina Department of Corrections.

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July 27, 2015

Opinion related to the South Carolina Freedom of Information Act.

Requested by The Honorable Molly M. Spearman, State Superintendent of Education, South Carolina Department of Education.

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July 20, 2015

Opinion on Columbia City Council ordinance banning weapons within 250 feet of the State House.

Requested by The Honorable Ronnie W. Cromer, Member, South Carolina Senate.

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July 18, 2015

Opinion regarding the following: 1) Can airplanes that are represented solely as being used for crop dusting services be considered farm machinery, thereby exempting the plane from ad valorem taxation? and 2) Can an airplane that is designed and used solely as a crop duster by a company upon the payment or agreement for the payment of a fee by a farmer be considered farm machinery? Requested by The Honorable Brian Shult, Georgetown County Auditor. Read full opinion

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July 16, 2015

Opinion on whether the Chesterfield County Council can change a fire district boundary which is also a special purpose tax district without District Fire Board of Directors’ concurrence or agreement.

Requested by the Honorable Richard Yow, Member, South Carolina House of Representatives.

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July 13, 2015

Opinion regarding the legality of hiring private security guards to protect a public school.

Requested by Jarrod M. Bruder, Executive Director, South Carolina Sheriff’s Association.

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July 9, 2015

Opinion regarding the statutory interpretation of SC Code Ann. 59-19-350 (Supp. 2014), which permits the creation of “schools of choice exempt from state laws and regulations.”

Requested by The Honorable Molly M. Spearman, State Superintendent of Education, South Carolina Department of Education.

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July 6, 2015

Opinion regarding the legality of city council meetings alleged to be illegal pursuant to the South Carolina Freedom of Information Act.

Requested by The Honorable Joe Owens, Mayor of West Columbia.

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July 6, 2015

Opinion on the constitutionality of a referendum on the question of whether to change state law regarding the display of the Confederate battle flag on the grounds of the South Carolina State House.

Requested by The Honorable Larry Grooms, Member, South Carolina Senate.

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July 2, 2015

Opinion regarding the constitutionality of an “owner controlled wrap-up insurance program.”

Requested by David Chambers, Richland County Government, Office of Risk Management.

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July 1, 2015

Opinion on Kinder Morgan Pipeline Company’s proposed pipeline project regarding eminent domain issue.

Requested by the Aiken County Legislative Delegation.

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June 17, 2015

Opinion regarding whether administrative law judges “are exempt from accruing annual leave.”

Requested by The Honorable Ralph King Anderson, III, State of South Carolina Administrative Law Court.

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June 17, 2015

Opinion regarding how the Beech Island Rural Community Water District can fill upcoming vacancies on its board of directors if its bylaws and the statute creating water districts are not uniform.

Requested by The Honorable Tom Young, Jr.

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June 17, 2015

Opinion regarding South Carolina’s Preservation of Evidence Act, and how it pertains to toxicological, wet blood, and tissue samples.

Requested by James Fulcher, M.D., Deputy Medical Examiner, Greenville County.

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June 11, 2015

Opinion regarding prosecutorial discretion and the limits the law places on the exercise of prosecutorial discretion.

Requested by Mary C. McCormac, Esq., Attorney for Town of Iva.

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June 2, 2015

Opinion regarding the ability of utilities to obtain encroachment permits on preexisting easements and rights of ways specifically related to the operations of the public utility.

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

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June 2, 2015

Opinion regarding whether criminal defense attorneys are permitted to contact victims of crime directly on behalf of their defendant/clients during the pendency of a criminal matter despite [a court order prohibiting contact [by the Defendant].

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

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May 29, 2015

Opinion regarding the interpretation of Section 63-11-1730 of the South Carolina Code, which discusses the applicability of the Administrative Procedures Act to First Steps’ Board of Trustees.

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

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May 27, 2015

Opinion regarding whether it would be dual office holding for the Mayor of the Town of Edgefield to serve as Chief of the fire department.

Requested by Roger LeDuc, Town of Edgefield Administrator.

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May 22, 2015

Opinion on whether 911 operators must be United States citizens to be certified as Class 4 telecommunications officers.

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

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May 20, 2015

Opinion regarding whether judgments from a Turkish court would be acceptable in South Carolina.

Requested by Mr. Murat Karkin.

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May 20, 2015

Opinion on whether a licensed presentment lender may legally accept debit card payments for deferred presentment transactions under the Deferred Presentment Services Act.

Requested by The Honorable Edward R. Tallon, Sr., Member, South Carolina House of Representatives.

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May 19, 2015

Opinion regarding what appears to be a conflict between the ability to campaign within the vicinity of a polling place on an election day and the authority of a homeowners’ association to regulate political campaign signage and solicitation within the given community.

Requested by Ms. Allison C. Coppage, Esq., Assistant Beaufort County Attorney.

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May 19, 2015

Opinion regarding dual office holding.

Requested by Sean P. Thornton, Esq., Colleton County Attorney.

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May 13, 2015

Opinion regarding the interpretation of section 56-5-5015(H)(1) of the South Carolina Code.

Requested by The Honorable Luke A. Rankin.

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May 13, 2015

Opinion regarding whether service as a workers’ compensation commissioner and a commissioned law enforcement officer violates the prohibition against dual office holding, and whether a workers’ compensation commissioner’s duties under the Code of Judicial Conduct prohibit service as a deputy law enforcement officer.

Requested by The Honorable T. Scott Beck, South Carolina Worker’s Compensation Commission.

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May 13, 2015

Opinion regarding the regulation and licensure of commercial pesticide applicators utilizing the herbicide, glyphosate, a chemical commonly associated with the product Roundup.

Requested by The Honorable Larry Grooms, Senator, District No. 37; The Honorable Shane Massey, Senator, District No. 25; The Honorable Kevin Bryant, Senator, District No. 3; The Honorable Tom Corbin, Senator, District No. 5.

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May 7, 2015

Opinion regarding the interpretation of Section 23-31-235 and Section 23-31-215(M)(9) of the South Carolina Code.

Requested by Chief Joel B. Huggins, Director, Lexington Medical Center, Department of Public Safety.

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April 28, 2015

Opinion clarifying the construction of S.C. Code Ann. § 59-53-1880 and § 59-53-1890 and § 59-53-1900 through § 59-53-1940, all pertaining to career and technology education facilities serving more than one school district.

Requested by Mr. William F. Halligan, Esquire.

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April 27, 2015

Opinion regarding public access to the navigable waters which flow through Cape Romain National Wildlife Refuge.

Requested by Mayor Rutledge B. Leland, III, Town of McClellanville.

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April 27, 2015

Opinion regarding office space for a county’s legislative delegation.

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

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April 24, 2015

Opinion on what is considered a crime of moral turpitude.

Requested by Michael Beauford Jr., Chief Investigator, South Carolina Department of Insurance.

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April 20, 2015

Opinion on proposed amendment to the Constitution of the South Carolina High School League to have private/charter schools compete at a higher division in interscholastic athletic competitions.

Requested by The Honorable Larry Grooms, Senator and The Honorable Bruce W. Bannister, Member, House of Representatives.

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April 17, 2015

Opinion regarding Section 17-13-60, persons are not arrested, but may be served process, precludes law enforcement officers from serving outstanding arrest warrants and/or bench warrants on persons or traveling to/from court for roll call and other proceedings except for treason, felony or breach of the peace.

Requested by Sheriff Anthony Dennis, Sumter.

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April 9, 2015

Opinion regarding whether a special tax district commission appointed by County Council for a specific purpose is entitled to governmental immunity as an arm of the County, and whether individual commissioners have governmental immunity.

Requested by Mr. Joshua A. Gruber. Esq., County Attorney for Beaufort County.

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April 8, 2015

Opinion regarding a March 30, 2015 opinion, which addressed Article III, §15 of the South Carolina Constitution.

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

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April 6, 2015

Opinion regarding Section 63-19-20 of the Code and Article XII, Section Three of the South Carolina Constitution dealing with juveniles.

Requested by Mr. Jarrod M. Bruder, Executive Director, South Carolina Sheriffs Association.

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March 31, 2015

Opinion regarding South Carolina Code § 40-19-270(C).

Requested by The Honorable Chandra E. Dillard, House of Representatives, District No. 23.

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March 31, 2015

Opinion regarding “the ability of utilities to obtain encroachment permits on preexisting easements and rights of ways specifically related to the operations of the public utility.”

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

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March 30, 2015

Opinion regarding the constitutionality of S. 523.

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

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March 26, 2015

Opinion regarding the South Carolina Department of Natural Resources’ authority to issue, condition, revoke, and decline to renew a shellfish culture permit.

Requested by Colonel Alvin A. Taylor, Deputy Director for Law Enforcement, South Carolina Department of Natural Resources.

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March 26, 2015

Opinion regarding whether serving on the board of directors of the Pee Dee Mental Health Center and on the Marion City Council would constitute dual office holding.

Requested by Ms. Doris J. Gerrald.

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March 16, 2015

Opinion regarding the legally correct procedure for the appointment of certain magistrates who will soon be retiring.

Requested by The Honorable Nikki G. Setzler, Senator, District 26.

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March 16, 2015

Opinion regarding which state agencies will be responsible for regulating, licensing, inspecting, etc. automated transport networks in South Carolina.

Requested by Fred Payne, Chairman and President, Greenville County Economic Development Corporation.

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March 13, 2015

Opinion regarding Town of Atlantic Beach Ordinance No. 9-2009 amending 1-2-7 of the Code of Ordinances for the Town of Atlantic Beach.

Requested by The Honorable Jake Evans, Town of Atlantic Beach.

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March 11, 2015

Opinion regarding the right against self-incrimination – provided by both the Fifth Amendment to the United States Constitution and Article I, Section 12 of the South Carolina Constitution – in relation to a witness’ apparent prohibition from invoking this right on certain grounds in a supplementary proceeding.

Requested by The Honorable Joseph M. Strickland, Master in Equity for Richland County.

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March 9, 2015

Opinion regarding the effect of amended South Carolina Code Section 48-4-50 on the duties of the Department of Natural Resources Board.

Requested by Shannon Furr Bobertz, Esq., Office of Chief Counsel, South Carolina Department of Natural Resources.

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March 6, 2015

Opinion regarding certain questions pertaining to the consistent districts of Charleston County.

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

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March 6, 2015

Opinion regarding whether a State plan to implement an EPA [U.S. Environmental Protection Agency] requirement is considered a “regulation” as referred to in the [South Carolina] Administrative Procedure Act.

Requested by The Honorable David Hiott, Chairman, Agriculture, Natural Resources and Environmental Affairs Committee, South Carolina House of Representatives.

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February 27, 2015

Opinion regarding employees of a school district being able to simultaneously serve on a school’s governing board.

Requested by The Honorable Cezar E. McKnight, South Carolina House of Representatives, District No. 101.

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February 27, 2015

Opinion on dual office holding (employee of a school district and a member of that school’s governing school board). Requested by The Honorable Cezar E. McKnight, Member, South Carolina House of Representatives. Read full opinion.

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February 25, 2015

Opinion regarding the Heritage Act.

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

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February 25, 2015

Opinion regarding whether a “walk through” of the “Old Simpsonville School Building” / “‘Arts Center” attended by two of the three members of the Council’s Recreation and Events Committee would be subject to the open meeting requirements of the Freedom of Information Act.

Requested by Phyllis Long, City Clerk, Simpsonville City Council.

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February 20, 2015

Opinion regarding the resignation of legal counsel for the James Island Public Service District.

Requested by Donald Hollingsworth, Chairman, James Island Public Service District.

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February 19, 2015

Opinion regarding whether it would be dual office holding for an individual to serve on both the Greenville County Legislative Delegation Transportation Committee and the Metropolitan Sewer Subdistrict of the Greenville County Sewer Authority.

Requested by The Honorable Wendy Nanney, Greenville County Legislative Delegation.

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February 19, 2015

Opinion regarding the interpretation of certain aspects of House Bill 4560 (“Act 276”), specifically Acts 276’s amendments to Section 17-1-40 of the South Carolina Code dealing with the retention, by law enforcement and prosecution agencies, of certain information following an expungement of an individual’s record.

Requested by Sheriff Steve Loftis, Greenville County Sheriff s Office.

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February 19, 2015

Opinion regarding Freedom of Information Act requests made by a constituent.

Requested by The Honorable Bill Herbkersman, Representative, District No. 118.

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February 18, 2015

Opinion regarding the financial crises of South Carolina State University.

Requested by The Honorable W. Brian White, Chairman, House Ways and Means Committee.

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February 17, 2015

Opinion regarding the constitutionality of Goose Creek Ordinance No. 13-009, and whether revenue from the Local Hospitality Tax established by the City of Goose Creek pursuant to S.C. Code §6-1-720 et seq. and the ordinance may be used to pay for a recreational facility.

Requested by The Honorable Joe Daning, Representative, District No. 92.

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February 12, 2015

Opinion regarding the boundaries of the Metropolitan Sewer Subdistrict.

Requested by James R. Freeland, Chairman, Board of Commissioners, Metropolitan Sewer Subdistrict.

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February 9, 2015

Opinion regarding the provisions of Section 43-33-20 as it relates to the rights of physically disabled persons to use public facilities and public spaces in South Carolina.

Requested by The Honorable Larry A. Martin, Chairman, Senate Judiciary Committee.

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February 4, 2015

Opinion related to the expungement of criminal records of an individual arrested for driving under the influence on three occasions.

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

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February 2, 2015

Opinion regarding whether a defendant who has demanded a jury trial in summary court can waive such a demand by conduct.

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

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January 29, 2015

Opinion regarding the constitutionality of proposed legislation, titled the South Carolina Infrastructure and Economic Reform Act of 2015.

Requested by The Honorable Nikki R. Haley, Governor of the State of South Carolina.

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January 14, 2015

Opinion regarding the authority of a County Board of Education to suspend or remove an appointed school board member after the member has been arrested and charged with a crime.

Requested by David W. Epperson, Esq., Clarendon County Administrator.

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Columbia, SC

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