2018 Opinions

May 8, 2018

Opinion on the legality of rollback taxes following a county boundary line shift (South Carolina Code of Laws, Title 12, Section 12-43-220).   Requested by The Honorable Sean M. Bennett, Member, South Carolina Senate.   Read full opinion.

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May 7, 2018

Opinion on notarial certificate for verification or proof of the signature of a principal by subscribing witness (2014 amendment to Section 26-1-120).   Requested by John H. Harris, Attorney for Spartanburg County.   Read full opinion.

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May 4, 2018

Opinion on the interpretation and implementation of the Iran Divestment Act of 2014.   Requested by The Honorable Alan Clemmons, Member, South Carolina House of Representatives.   Read full opinion.    

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May 2, 2018

Opinion on whether the removal of all revised rate increases imposed per the Base Load Review Act on a prospective and interim basis complies with the applicable constitutional balancing test until the proposed Dominion/SCANA merger petition is resolved by the Public Service Commission.   Requested by The Honorable Peter McCoy, Todd Rutherford, and Kirkman Finlay, Members, South Carolina House of Representatives.   Read full opinion.

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April 23, 2018

Opinion on the constitutionality of S.1116.   Requested by The Honorable John R. McCravy III, Member, South Carolina House of Representatives.   Read full opinion.

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April 23, 2018

Opinion on whether Concealed Weapon Permit holders are immune from criminal/civil liability when attempting to defend themselves and others during a mass shooting (Stand Your Ground law).   Requested by The Honorable Joe Daning, Member, South Carolina House of Representatives.   Read full opinion.

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April 17, 2018

Opinion on the constitutionality of Senate Bill 970, which is in committee and which would impose fines for the operation of locomotives not equipped with Positive Train Control technology.   Requested by The Honorable Marlon Kimpson and Paul G. Campbell, Jr., Members, South Carolina Senate.   Read full opinion.

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April 9, 2018

Opinion on whether the S.C. Contractors Licensing Board has statutory authority to consider financial information pertaining to an applicant’s employee stock ownership plan (Section 40-11-5 to -570).   Requested by The Honorable Chip Huggins, Member, South Carolina House of Representatives.   Read full opinion.

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April 3, 2018

Opinion on whether a vendor who supplies and installs “paint shops” to contractors needs a S.C. general contractors license.   Requested by The Honorable Robert M. Hitt III, Secretary, South Carolina Department of Commerce.   Read full opinion.

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April 3, 2018

Opinion on interpretation of Section 33-31-1602 relating to non-profit associations (IRS Code 501 c 6).   Requested by The Honorable Bart T. Blackwell, Member, South Carolina House of Representatives.   Read full opinion.

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March 30, 2018

Opinion on whether or not the South Carolina DMV is required to comply with expungement orders (Sections 17-1-40 and 17-22-950, South Carolina Code of Laws).   Requested by The Honorable C. Ryan Johnson, Chief Judge, Greenwood County.   Read full opinion.

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March 30, 2018

Opinion on whether or not an affiant can be sworn in electronically (Section 17-13-140, South Carolina Code of Laws).   Requested by The Honorable John D. Shillinglaw, Municipal Judge, City of York.   Read full opinion.

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March 27, 2018

Opinion on authority of a county to collect code enforcement liens on behalf of a municipality (S.C. Code of Laws, Section 5-7-80) and  overruling opinion dated June 2, 2014 regarding “any applicable fees” in Section 12-43-350(9).   Requested by The Honorable Sylleste Davis, Member, South Carolina House of Representatives.   Read full opinion.

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March 26, 2018

Opinion on election of county sheriffs (S.C. Constitution, Art. III, Section 34 and Art. V, Section 24; S.C. Code Ann. Section 23-11-10).   Requested by The Honorable Joshua A. Putnam, Member, South Carolina House of Representatives.   Read full opinion.

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March 23, 2018

Opinion on vehicle towing (Section 56-10-225, South Carolina Code of Laws).   Requested by The Honorable Alan Clemmons, Member, South Carolina House of Representatives.   Read full opinion.

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March 23, 2018

Opinion on dual office holding (law clerk to circuit judge and district director of Three & Twenty Creek Watershed District).   Requested by W.H. McAbee, III, Pendleton.   Read full opinion.

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March 23, 2018

Opinion on responsibility of South Carolina Human Affairs Commission attorneys in requests for application for review or an appeal by an aggrieved party.   Requested by R. Alexander Pate, II, Legal Division, South Carolina Human Affairs Commission.   Read full opinion.

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March 21, 2018

Opinion on prioritizing workforce development training for in-state residents (Section 59-112-20).   Requested by John O. Williams II, Esquire, Attorney for Berkeley County.   Read full opinion.

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March 16, 2018

Opinion on whether or not a special officer or constable may be hired to work in a part-time capacity for a municipal police department.   Requested by The Honorable John E. Elkin, Chief of Police, The Foxville & Northern Railroad Co., LLC.   Read full opinion.    

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March 9, 2018

Opinion on lawsuits against manufacturers, distributors and retailers of opioid products.   Requested by The Honorable Chip Huggins, Member, South Carolina House of Representatives.   Read full opinion.

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March 8, 2018

Opinion on dual office holding (employee of Marion County Detention Center and serve as member of the Marion County Council).   Requested by The Honorable Kent Williams, Member, South Carolina Senate.   Read full opinion.

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March 7, 2018

Opinion on dual office holding (member of Allendale County School Board and is appointed to the Allendale-Hampton-Jasper Regional Library Board and another person who is a member of the Fairfax Town Council and is appointed to the Allendale-Hampton-Jasper Regional Library Board).   Requested by Walter H. Sanders, Jr., Attorney for Allendale County.   Read full opinion.

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March 6, 2018

Opinion on the Anderson County Fire Protection Commission, a special purpose district, regarding tax millage and bonds.   Requested by Leon Harmon, Esquire, Attorney for Anderson County.   Read full opinion.

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March 6, 2018

Opinion on whether a municipality can provide school resource officers to schools outside of its geographical limits (S.C. Code Ann. Section 5-7-12).   Requested by Leon C. Harmon, Esquire, Attorney for Anderson County.   Read full opinion.

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March 2, 2018

Opinion on who has authority to administer oath of office to newly elected police officers (S.C. Constitution, art. III, Section 26; S.C. Code of Laws, Section 8-3-10). Requested by the Honorable C.A. Robinson, Police Chief, City of York.   Read full opinion.

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February 26, 2018

Opinion on the allocation of per diem expenses for juveniles in the custody of the Dept. of Juvenile Justice.   Requested by The Honorable Bryan “Jay” Koon, Sheriff, Lexington County.   Read full opinion.    

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February 21, 2018

Opinion on the interpretation of Section 5-7-230, S.C. Code of Laws (appointment of town attorney).   Requested by The Honorable Skip Wilson, Former Mayor, Town of Chapin.   Read full opinion.    

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February 21, 2018

Opinion on dual office holding (member of city council and county school board’s advisory council).   Requested by Gary H. Smith, III, Esquire, Attorney for City of Aiken.   Read full opinion.

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February 20, 2018

Opinion on whether timber sales from state parks managed by the S.C. Department of Parks, Recreation & Tourism should be considered surplus property (Sections 51-1-60; 51-3-110 and 51-3-120).   Requested by Emily Johnson, General Counsel, S.C. Department of Parks, Recreation & Tourism.   Read full opinion.

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February 16, 2018

Opinion on clarification of November 30, 2017 Opinion regarding trespassing on public school property.   Requested by The Honorable Mia McLeod, Member, South Carolina Senate.   Read full opinion.

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January 31, 2018

Opinion on uninsured motorist provision (Section 38-77-150). Requested by Mr. D. Scott Beard, Deputy Director, Department of Crime Victim Compensation, South Carolina Office of the Attorney General. Read full opinion.

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January 30, 2018

Opinion on proposed “Request to Transfer to Another Sponsor” (S.C. Public Charter School District, S.C. 59-40-55 and S.C. Code Annotated Sections 220 and 230). Requested by The Honorable J. Gregory Hembree, Member, South Carolina Senate. Read full opinion.

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January 22, 2018

Opinion on whether registers of deeds have the right to refuse to record documents from SCDOR which were not transmitted electronically (South Carolina Code of Laws, Section 12-53-45). Requested by Mr. Timothy Nanney, Register of Deeds, Greenville County. Read full opinion.

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January 18, 2018

Opinion on the authority of DHEC to license/regulate the practice of mid-wifery by lay midwives (Section 44-1-140, South Carolina Code of Laws). Requested by Marshall Taylor, General Counsel S.C. Department of Health and Environmental Control. Read full opinion.

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January 18, 2018

Opinion on the constitutionality of educational credit for exceptional needs children (H. Bill 3720, Section 109.11). Requested by The Honorable Tom Davis, Member, South Carolina Senate. Read full opinion.

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January 10, 2018

Opinion on educational requirements from on line/long distance courses to obtain a state real estate license (Section 40-57-340(F)). Requested by The Honorable Nathan Ballentine and The Honorable Daniel Hamilton, Members, South Carolina House of Representatives. Read full opinion.

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January 9, 2018

Opinion on the use of accommodations and hospitality taxes towards the acquisition of and equipping the sheriff’s office patrol cars in Jasper County (Sections 6-1-530 and 6-1-370, South Carolina Code of Laws). Requested by David L. Tedder, Esquire, Attorney for Jasper County. Read full opinion.

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January 9, 2018

Opinion on whether permitted growers in the S.C. Industrial Hemp Pilot Program may obtain industrial hemp seeds from a qualifying industrial hemp program in another state (Agricultural Act of 2014, Section 7606, codified at 7 U.S.C. Section 5940). Requested by The Honorable Hugh E. Weathers, South Carolina Commissioner of Agriculture. Read full opinion.

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January 2, 2018

Opinion on whether town council attorney who works less than 20 hours per week on council business is entitled to state benefits. Requested by The Honorable Stephen W. Tumbleston and The Honorable William Waters, Councilmen, Town of Ravenel. Read full opinion.

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