2018 Opinions

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 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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