Posts Tagged ‘Constitutional law’

June 3, 2011

Opinion “regarding the Governor’s authority under Article IV, Section 19 of the South Carolina Constitution to convene the General Assembly in extra session.”

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

Read full opinion

May 25, 2011

Opinion as to whether a gated community in South Carolina can prohibit door to door campaigning by candidates for local, state or federal elections.

Requested by: The Honorable Tom Young, Jr., SC House of Representatives

Read full opinion

May 25, 2011

Opinion regarding the legality of a County Tax Auditor to hire a full-time non-law enforcement employee whose principal duties are to issue Courtesy Summonses, as the Affiant, to potential violators of the motor vehicle tax and registration statutes.

Requested by: The Honorable Deborah A. Long, Member, House of Representatives

Read full opinion

May 17, 2011

Opinion regarding any possible liability of the State. Specifically, asking “[i]f the General Assembly were to prohibit the completion of the project through a joint resolution similar to the one proposed in S.800, would the State be liable for the funding of the project?”

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

Read full opinion

May 12, 2011

Opinion concerning the “Preservation of Evidence Act” and the length of time the evidence must be preserved pursuant to a Conviction by Plea.” Specifically, asking whether, “[u]nder subsection (C) of Section 17-28-328, can we – the Anderson County Sheriff’s Office – dispose of the Evidence without court order after the seven years have expired?”

Requested by: Sergeant J. Thomas Clamp, Jr., Anderson County Sheriff’s Office

Read full opinion

May 9, 2011

Opinion regarding the legality involving confiscations of students’ personal cell phones by school staff/administration, and the subsequent “searching, reading and looking at the contents of the cell phone.” Specifically following an incident where school staff/administration observed “sexting,” inappropriate adult photographs (not pornographic), and inappropriate conversations.

Requested by: Corporal Ricarda M. Fowler, Summerville Police Department

Read full opinion

May 5, 2011

Opinion regarding the legality and constitutionality of provisions of S.C. Code §§ 23-9-310 through 23-9-470 pertaining to the Office of the State Fire Marshal and specifically Article 3 which deals with the Fireman’s Insurance and Inspection Fund.

Requested by: George L. Schroeder, Inspector General, Office of the Inspector General

Read full opinion

April 18, 2011

Opinion regarding the interpretation of certain provisions of the South Carolina Surface Water Withdrawal, Permitting, Use and Reporting Act, enacted last year by the General Assembly.

Requested by: The Honorable Danny Verdin, Senator, District No. 9, The Honorable Larry A. Martin, Senator, District No. 2, The Honorable Ralph Anderson, Senator, District No. 7, The Honorable Phillip W. Shoopman, Senator, District No. 5, The Honorable David L. Thomas, Senator, District No. 8, The Honorable Michael A. Fair, Senator, District No. 6, The Honorable Shane Martin, Senator, District No. 13

Read full opinion

April 15, 2011

Opinion concerning the South Lynches Fire District in Florence and Williamsburg counties.

Requested by: The Honorable Yancey McGill, Member, SC Senate

Read full opinion

April 13, 2011

Opinion concerning the removal of a city council member.

Requested by: Grant W. Duffield, City Manager, City of Tega Cay

Read full opinion

April 11, 2011

Opinion concerning S.497 which amends S.C. Code § 48-39-130.

Requested by: The Honorable Phil P. Leventis, Senator, District No. 35

Read full opinion

April 7, 2011

Opinion regarding a partnership between the Orangeburg Department of Public Safety and Claflin University creating a forensics laboratory and the operation of this laboratory.

Requested by: Captain Thad Turner, Orangeburg Department of Public Safety

Read full opinion

March 30, 2011

Opinion concerning registered sex offenders living within the City of Darlington.  Specifically, “whether or not there is any reason law enforcement cannot check on registered sex offenders who live in a municipality.”

Requested by: Captain Daniel Watson, Darlington City Police

Read full opinion

March 29, 2011

Opinion concerning information requests from individuals who are incarcerated by the South Carolina Department of Corrections (SCDC). Specifically, whether the State Library has “the legal right to refuse information requests initiated by incarcerated citizens,” or “does the legal right to restrict information requests from inmates reside with the [SCDC]?”.

Requested by: David S. Goble, Director, South Carolina State Library

Read full opinion

March 21, 2011

Opinion regarding Senate Bill 414, the Education Opportunity Act. Specifically, asking “whether the provision of scholarships and tax credits under S.414 violates Article XI, Section 4 of the South Carolina Constitution.”

Requested by: The Honorable Lawrence K. Grooms, Senator, District No. 37

Read full opinion

March 16, 2011

Opinion concerning an issue involving the Florence City Council.

Read full opinion

Requested by: The Honorable Kris Crawford, Member, House of Representatives

March 15, 2011

Opinion concerning the constitutionality of the Renegade Hunter Act recently passed by the Legislature.

Read full opinion

Requested by: The Honorable Phillip Lowe, Member, House of Representatives

March 14, 2011

Opinion concerning the legality of the City of Columbia funding the burial of electrical utilities owned by Columbia College.

Requested by: Mr. Steven A. Gantt, City Manager, City of Columbia

Read full opinion

March 3, 2011

Opinion questioning whether members of the Anderson Fire Department are “able to obtain search warrants, collect evidence, question witnesses (take statements), receive tips through Crime stoppers and run background checks” relating to fire investigations.

Read full opinion

Requested by: Chief R. Dale Horne, Anderson Fire Department

March 3, 2011

Opinion regarding the constitutionality of a provision which is part of the Senate passed version of the “Voter ID” Bill pending in the General Assembly.

Read full opinion

Requested by: The Honorable Alan D. Clemmons, Member, House of Representatives

February 18, 2011

Opinion concerning a casino night event to be held in Aiken County.

Read full opinion

Requested by: W. Lawrence Brown, Esquire

January 5, 2011

Opinion questioning “what is the extent, if any, of the legal authority of the South Carolina Commission on Higher Education (CHE) to require its approval of the USC School of Medicine’s expansion of the existing medical school program in Greenville to include first and second year medical students.”

Read full opinon

Requested by: The Honorable John Courson, Member, SC Senate

November 23, 2010

Opinion as to the validity of an ordinance enacted by the Town of Cheraw.

Read full opinion

Requested by: Michael D. Smith, Town Administrator, Town of Cheraw

November 23, 2010

Opinion concerning the South Carolina Department of Motor Vehicles’ queuing system. Specifically, whether it is permissible under the South Carolina Code of Laws of 1976 for the South Carolina Department of Motor Vehicles (SC DMV) to accept updated equipment and service “in exchange for the provider’s ability to run commercial advertisements on part of the television screen up to fifty percent of the time.”

Read full opinion

Requested by: Ms. Marcia S. Adams, Executive Director, SC Department of Motor Vehicles

November 16, 2010

Opinion seeking guidance as to the Human Affairs Commission’s obligation to enforce its statutory duties where there has been no appropriations covering the costs of enforcement by the Commission. Specifically, questioning how to handle an “unfunded mandate” that your agency is expected to continue to enforce without the personnel or money to do so.

Read full opinion

Requested by: Ralph H. Haile, Legal Counsel, South Carolina Human Affairs Commission

November 10, 2010

Opinion on the Preservation of Evidence Act (S.C. Code, Sections 17-28-300 et seq.).

Requested by The Honorable Gary Watts, Richland County Coroner.

Read full opinion.

November 9, 2010

Opinion regarding “Preservation of Evidence Act”, S.C. Code Ann. §§ 17-28-300 et seq.

Read full opinion

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

November 9, 2010

Opinion regarding S.C. Code Ann. § 17-5-570.

Read full opinion

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

November 9, 2010

Opinion questioning whether there is any criminal or civil liability would be created by the return of this evidence to the victim by the city police department.

Read full opinion

Requested by: The Honorable G. Murrell Smith, Jr., Member, House of Representatives

October 27, 2010

Opinion questioning and seeking clarification concerning whether a coroner can legally issue a cremation permit authorizing the cremation of a victim’s body or must that body be released as authorized for burial only.

Read full opinion

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

October 25, 2010

Opinion concerning dual office holding. Specifically, whether service as a Commissioner County Aviation Authority would violate the prohibition against dual office holding.

Read full opinion

Requested by: J. Hugh Ryan, III, Esquire, Deputy Director and General Counsel, South Carolina Commission on Indigent Defense

October 18, 2010

Opinion concerning the Dorchester County Council’s ability to impose a road impact fee on new development in Dorchester County.

Read full opinion

Requested by: The Honorable Michael T. Rose, Member, SC Senate

October 14, 2010

Opinion questioning whether or not an appointment to the Holly Hill Airport Commission would be a violation of dual office holding considering a current position as Chief of Police for the Town of Holly Hill.

Read full opinion

Requested by: Robert Wunderlich, Chief of Police, Town of Holly Hill

September 28, 2010

Opinion concerning the holding of a referendum by the Town of Elgin.

Read full opinion

Requested by: John F. Fantry, Jr., Esquire

September 16, 2010

Opinion regarding the Administrative Procedures Act (“the APA”)and the establishment of an agency level due process hearing (contested case hearing) procedure with regard to law enforcement officer certification decisions. And “whether having such a due process hearing at the agency level would comply with the requirement of the APA if the hearing panel was made up with representatives for the Training Council members or other individuals who are not Training Council members or representatives of Training Council members”.

Read full opinion

Requested by: Hubert F. Harrell, Director, SC Criminal Justice Academy

September 15, 2010

Opinion questioning whether a coroner can legally issue a cremation permit authorizing the cremation of a victim’s body or must that body be released as authorized for burial only.

Read full opinion

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

September 10, 2010

Opinion as to whether the performance of those duties pursuant to a management contact would constitute dual office holding in violation of the State Constitution.

Read full opinion

Requested by: Kenneth E. Gaines, Esquire

September 3, 2010

Opinion concerning the Ethics Commissions’ ability to rule on the constitutionality of a provision of the Ethics Act.

Read full opinion

Requested by: Herbert R. Hayden, Jr., Executive Director, SC State Ethics Commission

August 30, 2010

Opinion on dual office holding (state employee who also works in the education field).

Read full opinion

Requested by: A. Glenn Greene, Esquire

August 26, 2010

Opinion questioning whether “deputies” of the Department may prosecute violations of the Department’s laws, particularly violations within the jurisdiction of the magistrates’ courts.

Read full opinion

Requested by: Mr. H. W. Funderburk, Jr., Deputy Executive Director, Appeals Division, SC Dept of Employment and Workforce

August 26, 2010

Opinion regarding the State Forestry Commission’s fitness training and testing program. Specifically, questioning the legal exposure to the State for wrongful termination or other civil action under the current program and the proposed revision.

Read full opinion

Requested by: Joel T. Felder, Deputy State Forester, SC Forestry Commission

August 16, 2010

Opinion as to whether, consistent with the Establishment Clause of the United States Constitution, the South Carolina Department of Motor Vehicles may, pursuant to § 56-3-8000, issue a specialty license plate to a private nonprofit organization known as www.IBELIEVEsc.net, formerly known as Silver Ring South Carolina.

Read full opinion

Requested by: Marcia S. Adams, Director, Department of Motor Vehicles

August 4, 2010

Opinion concerning Beaufort County’s policy of delegating its authority to enforce the County’s tree removal ordinance to homeowners associations.

Read full opinion

Requested by: The Honorable Shannon S. Erickson, Member, House of Representatives

August 2, 2010

Opinion concerning “whether South Carolina Law allows one individual to be appointed as the county veterans affairs officer for multiple counties.”

Read full opinion

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

July 27, 2010

Opinion questioning State Constitutional provisions and State statutes relating to S.C. Code Ann. § 17-15-15 and bail bonds generally.

Read full opinion

Requested by: David E. Belton, Esquire

July 1, 2010

Opinion regarding Richland County employees serving on the Richland County Board of Voter Registration. Specifically, whether there is a conflict of interest and whether the Governor has the authority to name the Chairperson of the Board of Voter Registration.

Read full opinion

Requested by: Larry C. Smith, Esquire

June 25, 2010

Opinion concerning the ability to serve on the Appellate Panel for the Department of Employment and Workforce while also serving on several other boards and committees.

Read full opinion

Requested by: Mr. Steve S. Kelly, Jr.

June 8, 2010

Opinion concerning the interpretation of South Carolina Code of Laws of 1976, § 1-11-470.

Read full opinion

Requested by: Anne E. Crocker, General Counsel, SC Department of Agriculture

May 26, 2010

Opinion regarding the constitutionality of S.1446.

Read full opinion

Requested by: Larry A. Martin, Member, SC Senate

May 25, 2010

Opinion concerning extending the terms of Board of Trustees.

Read full opinion

Requested by: The Honorable Murrell Smith, Member, House of Representatives

April 9, 2010

Opinion questioning the constitutionally of the following proposals. The City of Greenville enacted a business license ordinance which abates Greenville’s business license tax upon a new businesses meeting the requirements of a “new business qualifying for incentives.” Another proposal for consideration would be an ordinance to abate the City of Columbia’s business license tax one hundred percent for the first taxable year or any portion thereof during any new business’ operation in the City of Columbia.

Read full opinion

Requested by: Kenneth E. Gaines, Esquire

April 6, 2010

Opinion questioning the constitutionally of the requirement that a driver who refuses to submit to a breath test must complete the Alcohol Drug Safety Action Program (ADSAP) pursuant to S.C. Code Ann. § 56-5-2951 when the driving under the influence charge has been dismissed and the driver pled guilty to a non-alcohol related offense.

Read full opinion

Requested by: The Honorable John M. Knotts, Jr., Member, SC Senate

March 26, 2010

Opinion concerning term limits for a municipal council. Specifically, “whether a municipal council in the State of South Carolina can enact term limits on its council members, whether the method be by ordinance or by referendum vote.”

Read full opinion

Requested by: Elbert O. Duffie, III, General Counsel, Town of Edisto Beach

March 24, 2010

Opinion on dual office holding (individual from filing and running for a house seat and constitutional office at the same time).

Read full opinion

Requested by: The Honorable Jerry N. Govan, Jr., Member, House of Representatives

March 16, 2010

Opinion as to whether the South Carolina Public Service Authority (“Santee Cooper”) has statutory authority to provide a proposed guarantee to the United States Department of Agriculture’s Rural Utilities Service (“RUS”) on behalf of Orangeburg County Biomass, LLC and whether proposed loan guarantee would violate Art. 10 § 11 of the South Carolina Constitution’s prohibition against pledging or loaning of the credit of a political subdivision of the State for the benefit of any individual, company, or corporation.

Read full opinion

Requested by: The Honorable James H. Harrison, Member, House of Representatives

March 16, 2010

Opinion questioning whether there are any statutory or constitutional prohibitions to instituting, reinstituting or enlargement of prisoner work programs more commonly referred to as “chain gangs.”

Read full opinion

Requested by: The Honorable Trey Gowdy, Solicitor, Seventh Judicial Circuit, and The Honorable Chuck Wright, Sheriff, Spartanburg County

March 16, 2010

Opinion regarding S.C. Code Ann. § 5-7-200(b) and its applicability to the current vacancy on the Columbia City Council.

Read full opinion

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

March 12, 2010

Opinion on dual office holding (a person who is employed as a County correctional officer can serve as a Town Council member).

Read full opinion

Requested by: Danny C. Crowe, Esquire

January 28, 2010

Opinion regarding the constitutionality of your city’s ordinance concerning loitering.

Read full opinion

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

January 27, 2010

Opinion questioning whether an individual whose law enforcement experience is limited to serving as a reserve police officer pursuant to S.C. Code Ann. §§ 23-28-10 et seq. would qualify as a “certified law enforcement officer” for purposes of being qualified to be elected sheriff.

Read full opinion

Requested by: The Honorable V. Stephen Moss, Member, House of Representatives

January 14, 2010

Opinion questioning four things, if a fire inspector can complete and sign, as the affiant, a criminal search warrant? Is there an administrative search warrant and who issues the type warrant? If there is an administrative search warrant, can a fire inspector complete and sign this type of search warrant as the affiant? And may a fire inspector serve an administrative search warrant?

Read full opinion

Requested by: Randy S. Thompson, Fire Marshal, Department of Fire Safety, York County

January 11, 2010

Opinion as to “whether a guarantee proposed to be provided by the South Carolina Public Service Authority (“Santee Cooper”) to the United States Department of Agriculture’s Rural Utilities Service (“RUS”) on behalf of Orangeburg County Biomass LLC violates Art. 10, § 11 of the South Carolina Constitution.”

Read full opinion

Requested by: The Honorable James H. Harrison, Member, House of Representatives

December 21, 2009

Opinion concerning section 48-23-260 of the South Carolina Code. Specifically, what is meant by “general school purposes?”
Read full opinion

Requested by: Marvin C. Jones, Esquire

December 16, 2009

Opinion concerning a personnel policy adopted by Charleston County restricting Charleston County employees ability to seek elected office.
Read full opinion
Requested by: The Honorable Joe Danning, Member, House of Representatives

November 12, 2009

Opinion concerning the South Carolina Budget and Control Board’s “decision to implement a surcharge for tobacco users insured by the State’s Employee Insurance Program.”
Read full opinion
Requested by: The Honorable John M. “Jake” Knotts, Jr., Member, SC Senate

October 29, 2009

Opinion concerning dual office holding. Specifically, a Town Council member, who is also Mayor Pro-Tem and serves as president of a member owned private telephone cooperative.
Read full opinion
Requested by: The Honorable Ralph E.G. Patterson Sr., Mayor, Town of Due West, S.C.

September 1, 2009

Opinion concerning dual office holding. Specifically, asking whether an individual may serve simultaneously as a State constable and a part-time county magistrate.
Read full opinion
Requested by: The Honorable Shane Martin, Member, SC Senate

September 1, 2009

Opinion questioning whether the Georgetown Police Department has original jurisdiction to engage in law enforcement activities on the navigable waters around the City of Georgetown.
Read full opinion
Requested by: Paul Gardner, Chief of Police, Georgetown Police Department

August 25, 2009

Opinion concerning “the appropriate term that a gubernatorial appointee should serve in filling a recent vacancy in the Clerk of Court’s Office here in Beaufort County.”
Read full opinion
Requested by: Ladson F. Howell, Esquire

August 19, 2009

Opinion concerning “whether a Town Council member may serve as a poll manager or clerk without offending State law or constitutional prohibitions against dual office holding.”
Read full opinion
Requested by: Mary C. McCormac, Esquire

August 19, 2009

Opinion regarding “the permitted generation and use of bond premiums in matters of school district finance.”
Read full opinion
Requested by: The Honorable Don C. Bowen, Member, House of Representatives; and The Honorable W. Brian White, Member, House of Representatives

August 13, 2009

Opinion questioning whether the Chief of Police of the Town of Ehrhardt also serve as Mayor of Norway South Carolina.
Read full opinion
Requested by: The Honorable William C. Stanley, Mayor, Town of Ehrhardt

August 4, 2009

Opinion interpreting Act 388 as it pertains to two issues affecting the Anderson Districts 1 & 2 Career and Technology Center.
Read full opinion
Requested by: The Honorable Kevin L. Bryant, Member, SC Senate

July 21, 2009

Opinion concerning the legality of a proposed ordinance requiring “a City council member duly elected and currently serving on City Council, to resign his position as Council member, such resignation effective upon such Council member’s filing to run for Mayor of the City.”
Read full opinion
Requested by: Grant Duffield, City Manager, City of Tega Cay

July 21, 2009

Opinion questioning whether serving simultaneously on the Charleston Area Regional Transportation Authority Board as well as the Joint Transportation Review Committee violates the constitutional provisions prohibiting dual office holding.
Read full opinion
Requested by: The Honorable Robert W. Harrell, Jr., Speaker of the House, House of Representatives

July 7, 2009

Opinion as to whether recent legislation allowing a particular school district to levy an impact fee circumvents state law.
Read full opinion
Requested by: The Honorable Tracy R. Edge, Member, House of Representatives

June 17, 2009

Opinion addressing what authority the Office of Licensure and Compliance (the “Office”), within the Department of Labor Licensing and Regulation (“LLR”), has with regard to “the issuance of licenses, registrations, and permits…”
Read full opinion
Requested by: Davis Hook, Jr., RPH, Chairman, South Carolina Board of Pharmacy

June 12, 2009

Opinion as to the validity of Williamsburg County Ordinance No. 2000-02, as amended by Ordinance No. 2005-002 (the “Ordinance”). The Ordinance “ (a) it conflicts with the Emergency Medical Services Act of South Carolina (EMS Act) (Section 44-61-10 et seq.); (b) it is unreasonable restraint on trade; and (c) it violates a Medicare patient’s basic freedom of choice.”
Read full opinion
Requested by: The Honorable Vida O. Miller, Member, House of Representatives

June 12, 2009

Opinion concerning the constitutionality of two provisos contained in the Appropriations Act recently enacted by the General Assembly.
Read full opinion
Requested by: The Honorable Thomas C. Davis, Member, SC Senate

June 12, 2009

Opinion on Williamsburg County Ordinance No. 2000-02 as amended by Ordinance No. 2005-002.

Requested by The Honorable Vida O. Miller, Member, South Carolina House of Representatives.

Read full opinion.

June 4, 2009

Opinion questioning whether “law enforcement has the new responsibility of including this ‘new fifth right’ when Mirandizing a person being arrested, and should such a case be dismissed in the absence of this…(claimed right)?”
Read full opinion
Requested by: Jeffrey B. Moore, Executive Director, South Carolina Sheriff’s Association

June 4, 2009

Opinion on legality of providing credits and monetary incentives for organ donations.

Requested by The Honorable Ralph Anderson, Member, South Carolina Senate.

Read full opinion.

May 14, 2009

Opinion questioning whether holding a position on the Charleston County Board of Assessment Appeals (the “Board”) and a position on the Provider of Workforce Housing Committee (the “Committee”) for the Town of Mount Pleasant (the “Town”) violates the prohibition on dual office holding contained in the South Carolina Constitution.
Read full opinion
Requested by: Ben Bryson

April 30, 2009

Opinion regarding the right as a Senator “to represent my 46,000 constituents which live in Horry County by being allowed to have a weighted vote for appointing members to the Grand Strand Water and Sewer Authority.”
Read full opinion
Requested by: The Honorable Raymond E. Cleary, III, Member, SC Senate

April 23, 2009

Opinion as to “whether the Vander Linden case requires ‘weighed voting’ regarding the votes of the Dorchester County Legislative Delegation to recommend to the Governor an appointment to the Dorchester County Water Authority.”
Read full opinion
Requested by: The Honorable Michael T. Rose, Member, SC Senate

April 1, 2009

Opinion “whether it is permissible under the state law and regulations for one of our employees to simultaneously serve on the South Carolina Board of Examiners in Psychology within the State Agency of the South Carolina Department of Labor, Licensing and Regulation.”
Read full opinion
Requested by: John E. Batten, IV, General Counsel, S.C. Vocational Rehabilitation Department

April 1, 2009

Opinion regarding proposed legislation creating a Middle Court in the Fifth Judicial Circuit as to possible violation of equal protection.
Read full opinion
Requested by: The Honorable R. Keith Kelly, Member, House of Representatives

March 31, 2009

Opinion concerning the American Recovery and Reinvestment Act of 2009 (ARRA), commonly known as the federal “stimulus” legislation. Specifically, whether state legislature can accept stimulus funding in the event a governor might decide not to accept those funds and whether acceptance, use and administration of those funds would require further action and participation by the governor and executive branch of state government or whether legislative action is sufficient to obtain funds even without and applications and certifications required elsewhere in the Act.
Read full opinion
Requested by: The Honorable Glenn F. McConnell, President Pro Tempore, SC Senate

March 16, 2009

Opinion regarding the impact whether of the decision of the Fourth Circuit Court of Appeals in Vander Linden v. Hodges, 193 F.3d 268 (4th Cir. 1999).
Read full opinion
Requested by: The Honorable Harold Mitchell, Member, House of Representatives

March 2, 2009

Opinion regarding circumstances in which commissioned law enforcement officers who are also employed by and are members of the fire department that originally responded to a fire remains at the fire scene to conduct an origin and cause investigation.
Read full opinion
Requested by: Jeff Allen, Fire Marshal, Irmo Fire District

February 26, 2009

Opinion regarding the authority of a municipal police officer to act outside his jurisdiction.
Read full opinion
Requested by: Michael D. Martin, Chief of Police, Timmonsville Police Department

February 20, 2009

Opinion concerning whether additional infrastructure improvements must be owned by the State or a political subdivision due to discrepancies between sections 12-21-6520 and 12-21-6590 of the South Carolina Code for the use of sales tax revenues.
Read full opinion
Requested by: Chad Prosser, Director, SC Department of Parks, Recreation & Tourism

February 17, 2009

Opinion concerning your concurrent service as Mayor and as operations manager for the Town.
Read full opinion
Requested by: The Honorable Jackie T. Holman, Mayor, Town of Blackville

February 17, 2009

Opinion clarifying the laws governing trespass in this State as they relate to public library buildings, including the State Library.
Read full opinion
Requested by: Mr. David S. Goble, Director, South Carolina State Library

February 6, 2009

Opinion as to “whether, pursuant to S.C. Code Ann. § 1-3-240,the Governor has the authority to Setoff Debt Collection Act (“the Act”), based upon its being considered a “quasi-governmental entity”.
Read full opinion
Requested by: The Honorable Kenneth A. BinghamHonorable , Majority Leader, House of Representatives

January 12, 2009

Opinion questioning whether you may cite for violations of Greenville County ordinances along with State statutory offenses.

Read full opinion

Requested by: Sergeant Rick Masters, Greenville Technical College Campus Police Department

January 21, 2009

Opinion regarding Marlboro County’s procurement practices and procedures. Specifically, concerns as to the soundness and fairness of the protest procedure in the procurement ordinance.

Read full opinion

Requested by: E. Brandon Gaskins, Deputy Chief Counsel

December 18, 2008

Opinion concerning dual office holding. An individual holds positions on the Cherokee County Commission on Alcohol and Drug Abuse, the local Cherokee County Foster Care Review Board, and the board for the Division for Review of the Foster Care of Children in the Governor’s office.

Read full opinion

Requested by: The Honorable Olin R. Phillips, Member, House of Representatives

October 28, 2008

Opinion regarding an economic development project Laurens County is considering funding.

Read full opinion

Requested by: A. Sandy Cruickshanks IV, Esquire

October 17, 2008

Opinion questioning the inspection of school buses of local school districts and private school buses. And whether the laws requiring inspection applies to activity or school buses of local school districts which purchase and maintain these buses without assistance from the State Department of Education.

Read full opinion

Requested by: Bill Kurts, Coordinator of Transportation, Florence School District One

October 13, 2008

Opinion as to “whether the agency’s current written policy banning political activity on its property will withstand constitutional scrutiny”.

Read full opinion

Requested by: Marcia S. Adams, Executive Director, South Carolina Department of Motor Vehicles

October 8, 2008

Opinion regarding the banning of smoking on a beach.

Read full opinion

Requested by: The Honorable K. Allen Deaton, Mayor, Town of Surfside Beach

September 30, 2008

Opinion regarding campaign literature and materials such as campaign t-shirts, hats, pins, etc. being displayed or worn in an absentee precinct and/or other polling placing.

Read full opinion

Requested by: Marci Andino, Executive Director, State Election Commission

September 25, 2008

Opinion regarding “law enforcement officers who…seize property and money without making arrests and immediately refer these matters to the Federal Government.”

Read full opinion

Requested by: The Honorable Isaac McDuffie Stone III, Solicitor, Fourteenth Judicial Circuit

September 24, 2008

Opinion questioning whether Supreme Court Justices, Judges of the Court of Appeals, Judges of the Circuit Courts, and Judges of the Family Courts are required to have individual bonds, or whether they can be covered under the Judicial Departments’ blanketed bond.

Read full opinion

Requested by: Julie Boland, South Carolina Judicial Department

September 22, 2008

Opinion regarding a proposed Jasper County ordinance prohibiting persons from within the County from wearing their pants more than three inches below their hips.

Read full opinion

Requested by: Marvin C. Jones, Esquire

September 19, 2008

Opinion questioning whether the population determination required under section 5-1-30 (B)(1) of the South Carolina Code requires population to be that as determined by the latest official United States Census or whether it can be based upon “the assumption of growth in the absence of the census in Section (B)(1)?”.

Read full opinion

Requested by: Bobby M. Bowers, Director, South Carolina Budget and Control Board

September 19, 2008

Opinion regarding the propriety of procedures regarding assets forfeiture pursuant to S.C. Code Ann. §§ 44-53-520 et seq.

Read full opinion

Requested by: The Honorable Trey Gowdy, Solicitor, Seventh Judicial Circuit

September 12, 2008

Opinion regarding “moving the criminal court from the City-County Complex in Florence to a site in Effingham, which is not inside the City of Florence…”.

Read full opinion

Requested by: The Honorable James T. Schofield, Member, Florence County Council

August 5, 2008

Opinion questioning requesting an opinion of this Office concerning the South Carolina Department of Corrections’ (“SCDC’s”) “practice of denying inmates access to food as punishment for rule violations.”

Read full opinion

Requested by: George L. Schroeder, Director, Legislative Audit Council

July 28, 2008

Opinion regarding a $72,600 award by the County Council of Florence County (the “County Council”) “to put a new roof on a building in Timmonsville, S.C. owned by Faith Life Ministries (tax exempt)…”.

Read full opinion

Requested by: The Honorable Dean Fowler, Jr. Treasurer, Florence County

June 25, 2008

Opinion concerning financing a water system or expansion of a water system with proceeds generated by the CPST Act directly, or through a County municipality, public service district, special purpose district, or other non-profit water company.

Read full opinion

Requested by: Thomas L. Martin, Esquire

June 11, 2008

Opinion concerning dual office holding in which a Chester County Sheriff’s Department deputy is also a school resource officer and was elected to the Great Falls Town Council.

Read full opinion

Requested by: Brian T. Grier, Esquire

June 11, 2008

Opinion regarding the constitutionality of H.3159, R-370 “a bill adopted by the General Assembly … allowing local bodies to display certain historical documents…” .

Read full opinion

Requested by: Scott D. English, Chief of Staff, Office of the Governor

June 3, 2008

Opinion referencing a May 8, 2008 opinion requested by Senator John M. Knotts, concerning the authority of Councils of Governments (“COGs”) under state law.

Read full opinion

Requested by: The Honorable Chip Campsen, Member, SC Senate

May 30, 2008

Opinion concerning the Executive Order by the Governor to suspend York County Coroner Douglas McKown.

Read full opinion

Requested by: Melvin B. Mckeown, Jr., Esquire

May 14, 2008

Opinion concerning public access to navigable waters from the right-of-way of a public road.

Read full opinion

Requested by: The Honorable Harry Cato, Member, House of Representatives

May 14, 2008

Opinion concerning the Governor’s Executive Order No. 2007-14 and “whether there is any legal basis to support this legislative division’s request that all spending data related to legislative departments to be removed from the Spending Transparency website…”.

Read full opinion

Requested by: The Honorable Richard Eckstrom, Comptroller General, State of South Carolina

May 8, 2008

Opinion on the authority of the Berkeley, Charleston, and Dorchester Council of Governments (the “COG”).

Read full opinion

Requested by: The Honorable John M. Knotts, Jr., Member, Senate

May 6, 2008

Opinion concerning membership on the Sumter Consolidation Transition Committee (the “Transition Committee”).

Read full opinion

Requested by: The Honorable Phil P. Leventis, Member, Senate

April 24, 2008

Opinion regarding whether “South Carolina Citizens for Life, Inc. aka Choose Life S.C. has met all requirements of S.C. Code Section 56-3-8000 for issuance of a license plate in its name.”

Read full opinion

Requested by: Marcia S. Adams, Executive Director, South Carolina Department of Motor Vehicles

April 7, 2008

Opinion regarding sentencing after a post conviction relief hearing. Can an individual receive a longer sentence than his original sentence?

Read full opinion

Requested by: The Honorable Gene G. Reese, Member, SC Senate

March 24, 2008

Opinion concerning the ramifications to the State of South Carolina of the federal Real ID Act of 2005.

Requested by: The Honorable Mark Sanford, Governor of the State of South Carolina

Read Full Opinion

March 19, 2008

Opinion which references provisions S.C. Code Ann. 16-3-1750 through 16-3-1800 and questions whether a defendant in a restraining order hearing has the right to a jury trial.

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

Read Full Opinion

March 6, 2008

Opinion questioning the legality of police checkpoints and roadblocks.

Requested by: The Honorable William D. Witherspoon, Member, House of Representatives

Read Full Opinion

March 6, 2008

Opinion questioning whether the local legislative delegation of Myrtle Beach or Horry County has the authority to create the airport authority and at what cost.
Requested by: The Honorable Raymond E. Cleary III, Member, SC Senate

Read Full Opinion

March 3, 2008

Opinion concerning the interpretation of S.C. Code Annotated Sections 5-9-10 through 5-9-40.

Requested by: Lee Zimmerman, Esquire, Blythewood Town Attorney

Read Full Opinion

February 20, 2008

Opinion regarding the validity of school facility impact fees imposed by York County.

Requested by: The Honorable Chauncey K. Gregory, Member, SC Senate

Read Full Opinion

February 4, 2008

Opinion as to whether “simultaneous service by an individual on the Savannah River Maritime Commission and the Jasper Ocean Joint Project Office Board [would] be a violation of the South Carolina Constitution prohibition on dual office holding set forth in Article XVII section 1A”.

Requested by: The Honorable Robert W. Harrell, Jr., Speaker of the House, House of Representatives

Read Full Opinion

January 24, 2008

Opinion regarding the arrest of out-of-state offenders who are supervised in South Carolina pursuant to the Interstate Compact for Adult Offender Supervision (the Compact).

Requested by: Teresa A. Knox, Esquire

Read Full Opinion

January 22, 2008

Opinion clarifying our December 5, 2007 opinion, which concluded, “that the Town of Summerville may enforce its sign ordinance in state rights of way”.

Requested by: The Honorable Randy Scott, Member, SC Senate

Read Full Opinion

January 17, 2008

Opinion concerning a constituent who is serving as a member of the Bennettsville City Council and has been offered the position of Town Manager in Kingstree and if this constitutes as dual office holding.

Requested by: The Honorable Kent M. Williams, Member, SC Senate

Read Full Opinion

January 11, 2008

Opinion regarding, determination of domicile for voter registration purposes.

Requested by: The Honorable Herb Kirsch, Member, House of Representatives

Read Full Opinion

January 9, 2008

Opinion regarding the provision of S.C. Code Ann. 7-13-860, and affirming the principles and clarifying that poll watchers have the ability to examine the registration book as long as they do not interfere with the voting process.

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

Read Full Opinion

January 7, 2008

Opinion regarding the constitutionality of an ordinance of the City of Cayce that imposes certain proximity restrictions on residency and loitering of registered sex offenders in relation to schools, churches, daycare centers, parks and other designated facilities frequented by children and young people.

Requested by: Charles E. McNair, Director, Cayce Department of Public Safety

Read Full Opinion

January 2, 2008

Opinion concerning the validity of a City of Cayce ordinance and whether it violates “the dictates of due process as guaranteed by South Carolina’s Constitution as well as the United States Constitution.”

Requested by: The Honorable Murrell Smith, Member, House of Representatives

Read Full Opinion

December 20, 2007

Opinion regarding mentally ill individuals that have been “committed but not admitted”, meaning individuals who have been certified by a licensed physician to be in need of mental health treatment but who cannot be immediately transported and placed in a State mental health facility due to shortage of available beds.

Requested by: Honorable Branna W. Williams, Judge of Probate, Barnwell County

Read full opinion

December 12, 2007

Opinion on dual office holding (serves on the Mental Health Commission and be a member for Berkeley County School Board District No. 3).

Requested by Ms. Joan Moore, Goose Creek.

Read full opinion.

December 3, 2007

Opinion concerning part of the Charter Schools Act of 1996, under section 59-40-70, an applicant who wishes to form a charter school must comply with provisions of sections 59-40-50 and 59-40-60 for a local district board of trustees to approve the application.

Requested by: The Honorable Mark Sanford, Governor of the State of South Carolina

Read full opinion

November 27, 2007

Opinion concerning the enabling legislation establishing the Greenville Hospital Board of Trustees.

Requested by: The Honorable Mike Fair, SC Senate

Read full opinion

November 14, 2007

Opinion on whether the Election Commission is required to provide social security numbers on lists of potential jurors.

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

Read full opinion

October 19, 2007

Opinion regarding the constitutionality and application of Act 189 of 2005.

Requested by: The Honorable Chip Campsen, Member, SC Senate

Read full opinion

October 17, 2007

Opinion pertaining to the election of officers to the Fairfield County School Board regarding the terms of office for the Board’s Chairman, Vice-Chairman and Secretary.

Requested by: Charles J. Boykin, Esquire

Read full opinion

October 11, 2007

Opinion concerning implementation of pay increases for the Town’s council and mayor.

Requested by: John B. Williams, Esquire

Read full opinion

October 2, 2007

Opinion as to whether a conflict of interest would arise if a police chief or a police officer were to serve as clerk of court for a municipal court.

Requested by: M. Scott Wilson, Acting Chief of Police, Prosperity Police Department

Read full opinion

September 14, 2007

Opinion as to whether the Town of Edisto Beach Council have authority to adopt an ordinance prohibiting the Board of Zoning Appeals from granting variance from a height limitation of structures with the Town of Edisto Beach contained in the zoning ordinance.

Requested by: Marvin C. Jones, Esquire

Read full opinion

September 7, 2007

Opinion questioning the constitutionality of proposed ordinance 07-647, targeting a particular breed of dog as dangerous and the constitutionality targeting the number of animals a citizen can own if they are deemed dangerous.

Requested by: The Honorable Eugene Baten, Vice Chairman, Sumter County Council

Read full opinion

September 5, 2007

Follow-up to a July 6, 2007 opinion. “You are particularly concerned with our response to a second question concerning the use of weighed voting by the Senate in passing the House Bill 3782.

Requested by: The Honorable Larry A. Martin, Member, SC Senate

Read full opinion

August 15, 2007

Opinion as to whether there is a way council members can exempt the $25.00 road maintenance fee collected on all vehicles in the county for persons 69 and older by adding this group to the exclusions [listed in the ordinance].

Requested by: The Honorable Sharon H. West, Auditor, Spartanburg County

Read full opinion

August 14, 2007

Opinion concerning the governance of the Charleston County Parks and Recreation Commission and the Charleston County Board of Elections and Voter Registration.

Requested by: The Honorable Glenn F. McConnell, President Pro Tempore, SC Senate

Read full opinion

July 26, 2007

Opinion questioning the legality of several budgeting issues within the School District of Fairfield County.

Requested by: Charles J. Boykin, Esquire

Read full opinion

July 6, 2007

Opinion concerning the legality of tearing down and disposing of debris from lots or buildings owned by a private citizen.

Requested by: Donald R. Bryant, Director, Marion County Public Works

Read full opinion

July 6, 2007

Opinion concerning House Bill 3782. Specifically, parts of this bill which may be considered unconstitutional.

Requested by: The Honorable B. R. Skelton, Member, House of Representatives

Read full opinion

June 22, 2007

Opinion regarding section 7-13-1620(A) as to whether the Commission may approve a voting system for use in South Carolina.

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

Read full opinion

June 20, 2007

Opinion “regarding the limits on the ability of a local municipality to use condemnation authority to acquire private property for redevelopment.”

Requested by: The Honorable Danny Verdin, Member, SC Senate

Read full opinion

May 21, 2007

Opinion concerning a recent ordinance passed by the City Council for the City of Woodruff. Primary concern is with the requirement that members of the Planning Commission must be both residents of the City of Woodruff and own land in the City.

Requested by: Suni McMath, Chair, Steven Teague, Vice Chair, David Thomas, Secretary, Brad Burnett, City of Woodruff Planning and Zoning Commission

Read full opinion

May 18, 2007

Opinion concerning the requirements for the certification of election results.

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

Read full opinion

May 9, 2007

Opinion concerning dual office holding involving a member of the Spartanburg Planning Commission being appointed to the Spartanburg County Commission for Higher Education.

Requested by: The Honorable Robert E. Walker, Member, House of Representatives

Read full opinion

May 9, 2007

Opinion as to whether a municipal law enforcement officer may require a driver to provide his or her social security number upon being stopped for a traffic offense.

Requested by: The Honorable John M. Knotts, Jr., Member, SC Senate

Read full opinion

May 2, 2007

Opinion concerning a proposed resolution submitted to the Medical University of South Carolina’s (“MUSC’s”) Board of Trustees by MUSC’s Student Government Association for the Board’s consideration.

Requested by: Joseph C. Goode, Jr., Esquire

Read full opinion

April 10, 2007

Opinion concerning “whether the Department of Mental Health (DMH) may spend funds appropriated to it by the General Assembly to market the Bull Street property?”

Requested by: Mark W. Binkley, Esquire

Read full opinion

April 5, 2007

Opinion concerning dual office holding. Specifically, whether the dual office holding prohibition contained in the South Carolina Constitution prohibits an individual “who serves as a fire department commissioner, from serving as a volunteer firefighter with the same entity?”

Requested by: Bryan G. Riebe, Chief, Glassy Mountain Fire Service Area

Read full opinion

March 28, 2007

Opinion regarding bond hearings. Specifically how soon must a bond hearing be held after a defendant has been arrested.

Requested by: James A Preacher, Jr., Chief of Police, Norway Police Department

Read full opinion

March 28, 2007

Opinion on the validity of the selection of the SC Department of Transportation Commissioner in light of the requirements of 57-1-325 and other provisions of state law.

Requested by: The Honorable George E. Campsen, III, Member, South Carolina Senate

Read full opinion

March 12, 2007

Opinion as to whether notice should be provided to attorneys representing crime victims of judicial proceedings involving their clients.

Requested by: The Honorable Mike Fair, Member, House of Representatives

Read full opinion

March 7, 2007

Opinion concerning the use of school buildings by political parties to hold precinct reorganization meetings.

Requested by: The Honorable Robert E. Walker, Member, House of Representatives

Read full opinion

February 22, 2007

Opinion as to the legality of a proposed joint resolution. “Changing the date for a sales and use tax referendum held during the 2006 General Election from no later than November 30, 2006 to December 10, 2006”…”only applies to Beaufort County”.

Requested by: The Honorable Richard E. Chalk, Member, House of Representatives

Read full opinion

February 21, 2007

Opinion regarding S.C. Code Ann. Section 57-1-330(A) (1976 as amended). Concerning the current procedure with respect to the election of commissioners of the South Carolina Department of Transportation (SCDOT) and how such election is affected by the federal constitutional requirement regarding “one person, one vote.”

Requested by: The Honorable Vida O. Miller, Member, House of Representatives

Read full opinion

February 16, 2007

Opinion regarding the recent removal of chairman of the Commission for the Blind and whether relevant state statutes or the Commission bylaws have precedence in certain situations.

Requested by: Mary Sonksen, VP, SC Board of Commissioners, SC Commission for the Blind

Read full opinion

February 5, 2007

Opinion concerning the membership qualifications for the Rural Community Water District of Georgetown County.

Requested by: The Honorable Vida O. Miller, Member, House of Representatives

Read full opinion

February 5, 2007

Opinion regarding suspending or removing a West Columbia City Council member for being arrested and charged with driving under the influence and leaving the scene of an accident.

Requested by: The Honorable Bobby E. Horton, Mayor, City of West Columbia

Read full opinion

January 29, 2007

Opinion considering the constitutionality of section 5-31-620 of the South Carolina Code.

Requested by: Margaret C. Pope, Esquire

Read full opinion

January 29, 2007

Opinion reviewing Edgefield County’s (“the County”) implementation of a property tax reassessment.

Requested by: The Honorable Donald C. Smith, Member, House of Representatives

Read full opinion

January 29, 2007

Opinion regarding whether serving as Commissioner on the South Carolina Forestry Commission (“the Commission”) and serving as a member of the Town of Summerville’s Zoning Board of Appeals would constitute as dual office holding.

Requested by: G.E. Muckenfuss

Read full opinion

January 29, 2007

Opinion concerning being “elected Mayor Pro Tem by the Latta Town Council following the suspension of Mayor Lanue Berry, and the resignation of Mayor Pro Tem Christy Berry”, and having authority to reappoint members to committees as acting Mayor for the Town of Latta.

Requested by: The Honorable Alexander J. Stoops, Jr., Mayor Pro Tem, Town of Latta

Read full opinion

January 29, 2007

Opinion regarding the “Released Time Credit Act” codified as S.C. Code Ann. 59-39-112.

Requested by: The Honorable Mike Fair, SC Senate

Read full opinion

January 24, 2007

Opinion concerning the impact of the recent United States Supreme Court ruling in Granholm v. Heald, 544 U.S. 460 (2005) on South Carolina statutes. Primarily statutes 61-4-720 and 61-4-730 of the South Carolina Code, as amended.

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

Read full opinion

January 9, 2007

Opinion on recently enacted legislation establishing the South Carolina Child Development Education Pilot Program (“the Program”). Seeking guidance as to whether any state or federal law serve to limit religious content and/or expression with classrooms receiving state funding.

Requested by: Dan Wuori, South Carolina School Readiness Officer

Read full opinion

December 28, 2006

Opinion as to whether “holding these two positions [is] considered holding dual offices.” Additionally, asking whether holding the Assistant Chief position would be considered dual office holding.

Requested by: Michael W. Kellems

Read full opinion

December 15, 2006

Opinion concerning the enforcement of a City of Clinton ordinance. Specifically, a college town dealing with off campus housing, and the number of people that can live in one residence.

Requested by: The Honorable Jeffery D. Duncan, Member, House of Representatives

Read full opinion

December 14, 2006

Opinion concerning the imposition of county road maintenance fees on commercial vehicles that operate interstate.

Requested by: The Honorable W. Greg Ryberg, Member, SC Senate

Read full opinion

November 16, 2006

Opinion questioning whether the provision of S.C. Code Ann. § 56-5-3000 has been suspended by the federal Driver Privacy Protection Act (DPPA) as set forth at 18 U.S.C.A. §§ 2721-2725.

Requested by: Marcia S. Adams, Executive Director, Department of Motor Vehicles

Read full opinion

October 27, 2006

Opinion concerning the constitutionality of the 2006 amendments to section 12-37-670 of the South Carolina Code.

Requested by: Ray N. Stevens, Director, South Carolina Department of Revenue

Read full opinion

October 9, 2006

Opinion concerning the Town of Briarcliffe Acres’ proposed sewer collection system.

Requested by: The Honorable Alan D. Clemmons, Member, House of Representatives

Read full opinion

October 16, 2006

Opinion concerning whether or not an individual may simultaneously serve on the Georgetown County Parks and Recreation Commission (“PRC”) and the Waccamaw Equal Opportunity Council (“WEOC”) without violating the dual office holding prohibition contained in article XVII, section 1A of the South Carolina Constitution.

Requested by: David J. Mills, Esquire

Read full opinion

October 12, 2006

Opinion concerning limitations on the amount of bonded indebtedness school districts may incur.

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

Read full opinion

October 11, 2006

Opinion questioning if serving as Deputy Attorney for the City of Spartanburg and being considered for a position on the South Carolina Public Charter School Board of Trustees would constitute dual office holding.

Requested by: Cathy Hoefer McCabe, Deputy City Attorney, City of Spartanburg

Read full opinion

October 10, 2006

Opinion questioning the basis for opinions of this office that have concluded that the terms of municipal council members may be shortened in certain circumstances.

Requested by: R. Allen Young, Esquire

Read full opinion

October 9, 2006

Opinion concerning property tax assessments.

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

Read full opinion

October 5, 2006

Opinion concerning the imposition of county impact fees by the South Carolina General Assembly.

Requested by: The Honorable George H. Bailey, Member, House of Representatives

Read full opinion

September 29, 2006

Opinion regarding being on the Union City Council, and also be a member on the Union County Association Board of Directors of the Union County Fair Association and if this constitutes violation of dual office holding.

Requested by: William E. Whitney, Esquire

Read full opinion

September 28, 2006

Opinion is a follow up to opinion issued on July 26, 2006 regarding the constitutional problems encountered by a loitering ordinance.

Requested by: The Honorable Henry B. Fishburne, Jr.; The Honorable Jimmy S. Gallant, III; The Honorable Robert M. Mitchell; and The Honorable James Lewis, Jr., Members, Charleston City Council

Read full opinion

September 14, 2006

Opinion questioning the traffic enforcement actions of the Wellford, Lyman and Duncan Police Departments.

Requested by: The Honorable Chuck Wright, Sheriff, Spartanburg County

Read full opinion

September 11, 2006

Opinion on behalf of the Walterboro-Colleton Airport Commission “as to whether the members of the Walterboro-Colleton Airport Commission are in violation of the prohibition against dual office holding by serving on the Commission.”

Requested by: Steven D. Murdaugh, Chairman, Walterboro-Colleton County Airport Commission

Read full opinion

September 6, 2006

Opinion as to “whether or not the provisions of S.1138 (R.388) of 2006 and S.1267 (R.447) of 2006 relating to sex offenders and commonly referred to as ‘Jessica’s Law’ have any retroactive effect.’’

Requested by: The Honorable Shirley R. Hinson, Member, House of Representatives

Read full opinion

September 6, 2006

Opinion concerning dual office holding pertaining to serving both on the City of Tega Cay Council, and the Lake Wylie Marine Commission.

Requested by: The Honorable John Dervay, Councilmember, City of Tega Cay

Read full opinion

August 29, 2006

Opinion concerning amendments to an ordinance enacted by a referendum in Folly Beach. This referendum would create a new section in the Fire Prevention Code.

Requested by: Aaron Pope, Zoning Administrator, City of Folly Beach

Read full opinion

August 24, 2006

Opinion concerning whether or not a group of candidates may jointly seek donations.

Requested by: The Honorable Glenn F. McConnell, President Pro Tempore, SC Senate

Read full opinion

August 16, 2006

Opinion concerning dual office holding. Specifically, holding a position on the Sumter County School District Two School Board, while employed as an enforcement officer with the South Carolina Department of Natural Resources.

Requested by: Richard P. Dye

Read full opinion

August 4, 2006

Opinion concerning the desire to run for a position on Town Council for the Town of Mt. Croghan, while working at the South Carolina Department of Motor Vehicles.

Requested by: Tammy B. Hewett

Read full opinion

August 2, 2006

Opinion regarding S.C. Const. Article V, § 4. Questioning whether the sheriffs should comply with the Order of the Chief Justice or should they insist that the clerks of court determine indigent status.

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

Read full opinion

August 2, 2006

Opinion on whether you may serve simultaneously as a member of the Horry County Higher Education Commission on the City of Conway Zoning Board of Appeals.

Requested by: Joseph O. Burroughs

Read full opinion

July 27, 2006

Opinion concerning the eligibility of a write-in candidate to take office.

Requested by: The Honorable Ernest G. Trammell, Member, Laurens County Council

Read full opinion

July 26, 2006

Opinion regarding a proposed municipal ordinance.

Requested by: Charleston City Council Members

Read full opinion

July 21, 2006

Opinion regarding dual office holding.

Requested by: Gwendolyn Conner

Read full opinion

July 19, 2006

Opinion regarding the legality and constitutionality of the Competitive Cable Services Act.

Requested by: R. Allen Young, Esquire

Read full opinion

July 19, 2006

Opinion inquiring whether “it is possible to be employed as a vice president of a state supported technical college and serve as a state senator in the same county?”

Requested by: Nancy T. Welch

Read full opinion

July 19, 2006

Opinion requesting follow-up opinion to an opinion issued May 23, 2006.

Requested by: Robert C. Norwood, Chairman and J. Walter Brown, Sr., Member, Rock Hill School District Three Board of Trustees

Read full opinion

July 18, 2006

Opinion requesting driving records for three individuals who have driving under the influence cases pending in general sessions court.

Requested by: L. Mark Moyer, Esquire

Read full opinion

July 14, 2006

Opinion noting “some ‘confusion’ concerning the ‘Romeo’ clause pursuant to ‘Jessica’s Law’ which was contained in Senate 1138.”

Requested by: The Honorable Murrell Smith, Member, House of Representatives

Read full opinion

July 7, 2006

Opinion on dual office holding (serving as a member of the Education Oversight Committee and as a member of the Public Charter School District Board of Trustees).

Requested by Ms. Jo Anne Anderson, Executive Director, Education Oversight Committee.

Read full opinion.

July 5, 2006

Opinion regarding the “offering of incentives in exchange for voting.”

Requested by: The Honorable Catherine C. Ceips, Member, House of Representatives

Read full opinion

June 30, 2006

Opinion concerning the legality of a proposed agreement between the South Carolina State Museum Foundation (the “Foundation”) and the South Carolina State Museum (the “Museum”).

Requested by: Gary T. Culbreath, Chairman, South Carolina Museum Commission

Read full opinion

June 16, 2006

Opinion regarding dual office holding, specifically, being on the Florence School District Three Board of Trustees and a town judge.

Requested by: The Honorable Patsy McCutcheon, Board Member, Florence School District Three

Read full opinion

June 6, 2006

Opinion regarding the legality of having every vehicle parked in the driveway of a residence having to display a tag and be insured or the vehicle must be disposed or removed.

Requested by: Elizabeth Wright, Chief of Police, Town of Pine Ridge

Read full opinion

May 31, 2006

Opinion concerning the Fairfield County Recreation Commission, the governing body of the Fairfield County Recreation District.

Requested by: W. Thomas Sprott, Jr., Esquire

Read full opinion

May 26, 2006

Opinion concerning the annexation of property contained in the Buffalo Fire District by the City of Union (the “City”).

Requested by: Eddie Newton, Chairperson, Buffalo Fire Department

Read full opinion

May 23, 2006

Opinion concerning county council appointments to boards and commissions in Greenville County.

Requested by: Mark W. Tollison, Esquire

Read full opinion

May 23, 2006

Opinion regarding disclosure of sheriff’s office internal affairs investigations under the South Carolina Freedom of Information Act (“FOIA”) and the demand by the media for “full disclosure.”

Requested by: The Honorable P.J. Tanner, Sheriff, Beaufort County

Read full opinion

May 23, 2006

Opinion concerning the appropriation of surplus funds from the South Carolina Education Lottery.

Requested by: Robert C. Norwood, Chairman, Rock Hill School District Three Board of Trustees

Read full opinion

May 19, 2006

Opinion regarding the applicability of the Freedom of Information Act (FOIA) to a political party caucus of the South Carolina House of Representatives.

Requested by: The Honorable James H. Merrill, House Majority Caucus Leader, House of Representatives and The Honorable J. Todd Rutherford, Member, House of Representatives

Read full opinion

May 17, 2006

Opinion questioning whether serving on both the Bluffton Historical Preservation Commission and the Southern Beaufort County Corridor Review Board constitutes dual office holding.

Requested by: Laura T. Barrett

Read full opinion

May 15, 2006

Opinion requesting as to “whether S.1205, which is currently pending before the House of Representatives, is valid and not violative of Home Rule since it specifically states that state law has preempted the regulation of agricultural facilities.”

Requested by: The Honorable William D. Witherspoon, Member, House of Representatives

Read full opinion

May 9, 2006

Opinion concerning a member of the Patriots Point Development Authority’s (the “PPDA’s”) decision to run for a position on the Town Council for the Town of Mount Pleasant (the “Town Council”) in a special election.

Requested by: David Burnette, Executive Director, Patriots Point Development Authority

Read full opinion

May 5, 2006

Opinion questioning the legality of releasing the names of juvenile victims.

Requested by: The Honorable Mike E. Hunt, Sheriff, Aiken County

Read full opinion

May 4, 2006

Opinion concerning the bylaws adopted by the Georgetown County Board of Elections and Registrations (the “Board”).

Requested by: The Honorable Vida O. Miller, Member, House of Representatives

Read full opinion

May 4, 2006

Opinion concerning the constitutionality of sections 50-13-1610 and 50-5-1700 of the South Carolina Code.

Requested by: The Honorable Vida O. Miller, Member, House of Representatives

Read full opinion

April 24, 2006

Opinion “on the classification of the South Carolina Lieutenant Governor. Specifically, is the Lieutenant Governor a ‘Constitutional Officer’ and, if so, where does that destination originate?”

Requested by: Michael Truesdale, Esquire

Read full opinion

April 21, 2006

Opinion asking whether someone on the Bamberg Registration and Election Commission, who decided to run County Council, need to step down from her position on the Elections Commission.

Requested by: Betty S. Kilgus, Chairperson, Bamberg County Registration and Elections

Read full opinion

April 21, 2006

Opinion request “as to whether this proposed waiver to the monthly charge for all future grinder pump users comports with the Equal Protection Clauses of the US and South Carolina Constitutions, and is otherwise legal.”

Requested by: Roy R. Hemphill, Esquire

Read full opinion

April 20, 2006

Opinion regarding whether the Dorchester County Sheriff’s Department may maintain a fully independent information technology network separate from the County.

Requested by: The Honorable Ray Nash, Sheriff, Dorchester County

Read full opinion

April 14, 2006

Opinion as to “whether the Commission has the authority to change the present name of their building, if not what options are available to initiate a name change, and whether the Commission may concur or nonconcur with Legislative request or direction.”

Requested by: The Honorable Glenn L. Hamilton, Member, House of Representatives

Read full opinion

April 11, 2006

Opinion regarding the ability to “pass a local vested rights ordinance with our own language.”

Requested by: Aaron Pope, Zoning Administrator, City of Folly Beach

Read full opinion

March 31, 2006

Opinion regarding the constitutionality of Section 12 on H.4427, as it appears to invest legislative power in the executive branch of State government by delegating to the DOI the ultimate authority to convert this bill into law.

Requested by: The Honorable Jeffery D. Duncan, Member, House of Representatives

Read full opinion

March 28, 2006

Opinion questioning whether “a person who moves from within the territory of the St. Andrews Public Service District becomes ineligible for continued service on the District Board. And would that move outside the district trigger an automatic vacancy of the seat?”

Requested by: The Honorable Glenn F. McConnell, President Pro Tempore, SC Senate

Read full opinion

March 27, 2006

Opinion questioning the legality of an ordinance, which imposed an administrative service fee in the amount of ten dollars on offenders found guilty in the Mount Pleasant municipal court.

Requested by: R. Allen Young, Esquire

Read full opinion

March 24, 2006

Opinion questioning whether a bondsman licensed pursuit to S.C. Code Ann. § 38-53-10 et. seq, may also hold the position of part-time deputy coroner.

Requested by: Rachel Harper, Associate General Counsel, South Carolina Department of Insurance

Read full opinion

March 13, 2006

Opinion concerning compliance of “York County requirements for the transfer of responsibility for City elections from the City to York County, may the City’s Council, by duly passed ordinance, extend the termination of the terms of its Councilmen and Mayor now in office?”

Requested by: Grant Duffield, City Manager, City of Tega Cay

Read full opinion

March 9, 2006

Opinion regarding the issuance of bonds by the Marlboro County School Board.

Requested by: The Honorable Kent M. Williams, Member, SC Senate

Read full opinion

March 9, 2006

Opinion in which questions whether or not the Greenville Tech Charter School having a governing board with current paid employees violates the servant / master prohibition.

Requested by: The Honorable Gary R. Smith, Member, House of Representatives

Read full opinion

March 6, 2006

Opinion concerning the legality of a petition submitted to the City of Folly Beach proposing an ordinance for public referendum.

Requested by: Toni Conner-Rooks, City Administrator, City of Folly Beach

Read full opinion

March 2, 2006

Opinion regarding the applicability of Act. XVII, § 8 of the South Carolina Constitution to those who play the State Lottery.

Requested by: The Honorable W. Greg Ryberg, Member, SC Senate

Read full opinion

February 24, 2006

Opinion inquiring as to the constitutionality and enforceability of section 3 of Act 229 of 1983.

Requested by: The Honorable Stephen T. Draffin, Code Commissioner and Director, SC Legislative Council.

Read full opinion

February 23, 2006

Opinion regarding lobbying efforts on behalf of the Municipal Association of South Carolina (“MASC”). Specifically, concern in regard to “the issue of further incorporation [of municipalities] and legislative efforts to aid that incorporation as expressed in Senate Bill 318” and the fact that “MASC has taken an absolute position against the legislation.”

Requested by: The Honorable Wallace B. Scarborough, Member, House of Representatives

Read full opinion

February 8, 2006

Opinion regarding the South Carolina Firefighter Mobilization Oversight Committee (the “Committee”) and the interpretation of sections 23-49-60(A) and 23-49-70 of the South Carolina Code.

Requested by: Adrienne Riggins Youmans, Director, South Carolina Department of Labor, Licensing and Regulation

Read full opinion

February 6, 2006

Opinion questioning whether the Georgetown County Board’s (“the Board”) current bylaws remain valid, according to Act No. 200 and 591, and whether the Board is authorized to change or adopt new bylaws.

Requested by: The Honorable Vida O. Miller, Member, House of Representatives

Read full opinion

January 26, 2006

Opinion regarding the expenditure of funds by the South Carolina Department of Natural Resources (the “SCDNR”) from the Water Recreational Resources Fund (WRRF) of the State of South Carolina “for the dredging of accumulated sediment in Saluda Lake in Greenville and Pickens Counties.”

Requested by: Paul S. League, Deputy Chief Counsel, SC Department of Natural Resources

Read full opinion

January 24, 2006

Opinion regarding the General Assembly’s appropriation of the Cost of Living Adjustment (COLA) to state agencies.

Requested by: The Honorable Tracy R. Edge, Member, House of Representatives

Read full opinion

January 24, 2006

Opinion regarding two petitions received by Colleton County Council (the “ Council”).

Requested by: Carol L. Clark, Esquire

Read full opinion

January 20, 2006

Opinion regarding recent “action by the State Board of Education concerning their repeal of the South Carolina Biology Standards and along with the restitution of the 2000 Biology Standards.”

Requested by: The Honorable Dwight A. Loftis, Member, House of Representatives

Read full opinion

January 18, 2006

Opinion questioning whether an individual may serve simultaneously as a member of the State Regional Housing Authority No.1 and as a county councilman.

Requested by: T. Marion Robinson, Assistant Executive Director, SC Regional Housing Authority No. 1

Read full opinion

January 12, 2006

Opinion requesting as to the constitutionality of the proposed legislation; “a special tax review committee appointed by various local elected entities to approve any increases in ad valorem tax millage proposed by the Berkley County Board of Education for the School District of Berkley County.” Request made on behalf of Rep. Shirley Hinson who wishes to introduce the legislation.

Requested by: The Honorable Stephen T. Draffin, Code Commissioner and Director, SC Legislative Council

Read full opinion

January 11, 2006

Opinion regarding the legality of the establishment of the Foundation (the “Foundation”) by the Union City Council, and whether the Foundation initially may be funded with the insurance proceeds held by the City.

Requested by: William E. Whitney, Jr., Esquire

Read full opinion

January 6, 2006

Opinion regarding the constitutionality of using Judicial Circuits for appointing board members.

Requested by: The Honorable Lewis R. Vaughn, Member, House of Representatives

Read full opinion

January 3, 2006

Opinion regarding removal of a member of the Greenville County Board of Special Needs and Disabilities.

Requested by: Mark W. Tollison, Esquire

Read full opinion

December 13, 2005

Opinion questioning whether Union County Ordinance Section 2-204 is enforceable in its current form.

Requested by: Sammy G. Diamaduros, Esquire

Read full opinion

December 9, 2005

Opinion regarding the potential sale of a portion of the Bull Street property which has, for almost two hundred years, been the home of facilities of the Department of Mental Health.

Requested by: Frank W. Fusco, Executive Director, State Budget and Control Board

Read full opinion.

 

December 2, 2005

Opinion concerning the legal authority of the Comptroller General with respect to action taken by him at the close of this past fiscal year.

Requested by: The Honorable Hugh K. Leatherman, Sr., Chairman, Senate Finance Committee

Read full opinion

November 29, 2005

Opinion questioning whether Jasper County has two or four representatives on the board of the Beaufort- Jasper Water and Sewer Authority (hereinafter “the Authority”).

Requested by: The Honorable R. Thayer Rivers, Jr., Member, House of Representatives

Read full opinion

November 18, 2005

Opinion regarding the provision of S. C. Code Ann. § 8-3-150. Specifically, do county officials have any personal liability outside the bond regarding the duties of his office or for errors and omissions or does the county bond cover all liability?

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

Read full opinion

November 9, 2005

Opinion questioning whether local law is effective giving the New Ellenton police department jurisdiction on the grounds of the New Ellenton Middle School.

Requested by: Kelly F. Zier, Esquire

Read full opinion

November 2, 2005

Opinion questioning if seeking and holding the Richland County Council office while remaining an employee of the Department of Corrections violates dual office holding provisions.

Requested by: The Honorable Nathan Ballentine, Member, House of Representatives

Read full opinion

October 21, 2005

Opinion regarding a continuing surplus in the Florence County Infrastructure Fund.

Requested by: The Honorable Dean Fowler, Jr., Florence County Treasurer

Read full opinion

October 3, 2005

Opinion questioning the requirement of the payment of a filing fee when a case is transferred from the federal district court to the state circuit courts.

Requested by: DeShield Smith, Circuit Court Representative, South Carolina Court Adminstration

Read full opinion

August 30, 2005

Opinion concerning the applicability of Article X, Section 11 of the South Carolina Constitution to the State of South Carolina.

Requested by: Buford S. Mabry, Jr., Chief Counsel, South Carolina Department of Natural Resources

Read full opinion

August 8, 2005

Opinion concerning “the legality of issuance of special source revenue bonds by Jasper County.”

Requested by: The Honorable Clementa Pinckney, Member, SC Senate

Read full opinion

July 25, 2005

Opinion regarding dual office holding. Specifically, whether members of fire departments including Fire Marshals are exempted from the dual office holding prohibition.

Requested by: The Honorable J. Allen, Fire Marshal, Irmo Fire District

Read full opinion

July 14, 2005

Opinion concerning the following question: “[m]ay the owner of a broken bank rice field place food in the field and thus render it a baited area to prohibit hunting by the public?”

Requested by: James A. Quinn, Esquire

Read full opinion

July 6, 2005

Opinion questioning an alternative funding plan for schools in Dorchester County.

Requested by: The Honorable Lawrence K. Grooms, Member, SC Senate

Read full opinion

June 30, 2005

Opinion regarding whether a particular publication meets the requirements of a legal notice.

Requested by: The Honorable Murrell Smith, Member, House of Representatives

Read full opinion

June 27, 2005

Opinion regarding the voting capacity of certain members of the Board of Trustees of School District Five of Lexington and Richland Counties. Specifically, whether the Board may act in light of a letter received from a citizen.

Requested by: Paula H. Hite, Board Chairperson, School District 5 of Lexington and Richland Counties

Read full opinion

June 21, 2005

Opinion regarding the intent of the South Carolina Noneconomic Damages Awards Act of 2005 (Act No. 32 of 2005). Specifically, the degree of control over the Patients’ Compensation Fund, which the new legislation places in the Funds Board of Governors.

Requested by: The Honorable David H. Wilkins, Speaker of the House, House of Representatives

Read full opinion

June 15, 2005

Opinion concerning how Chester County has a council-manager form of government. You have questioned who will carry out the duties of these offices after June 30 and have asked whether the individuals holding these two offices will remain in office pending resolution of the lawsuits regarding the change of government.

Requested by: William A. Frick, Chester County Manager

Read full opinion

June 7, 2005

Opinion questioning the legality of a planned “Poker Run” which would be sponsored by the Beaufort Rotary Club.

Requested by: The Honorable Catherine C. Ceips, Member, House of Representatives

Read full opinion

June 3, 2005

Opinion addressing redistricting in the Edgefield County school board districts. Specifically, if the redistricting plan were resubmitted, could the Edgefield County Delegation vote on it at a different location or must the plan go back to the floor of the General Assembly.

Requested by: The Honorable Donald C. Smith, Member, House of Representatives

Read full opinion

June 1, 2005

Opinion regarding Georgetown County disseminating accommodation tax money to various entities, which promote tourism in the County. Specifically, whether those in receipt of these funds should be required to follow established Georgetown County procurement procedures.

Requested by: John M. Tolar, Esquire

Read full opinion

May 6, 2005

Opinion inquired as to whether it would be a violation of the dual office holding prohibition to serve simultaneously as Mayor and Planning and Zoning Administrator for the Town of Hollywood.

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

Read full opinion

May 5, 2005

Opinion questioning whether qualified voters who voted in the general election in November, 2004, at which time these voters may have voted in the District 5 election, may now vote in the District 7 special election.

Requested by: Samuel W. Howell, IV, General Counsel, Charleston County Board of Elections and Voter Registration

Read full opinion

May 4, 2005

Opinion as to “whether the Insurance Reserve Fund (IRF) is authorized to provide general liability tort insurance to the employees of a defender corporation.”

Requested by: Edwin E. Evans, General Counsel, State Budget and Control Board

Read full opinion

May 4, 2005

Opinion questioning the legality of an event conducted at the Beaufort Water Festival described as “River Rally”.

Requested by: The Honorable Catherine Ceips, Member, House of Representatives

Read full opinion

May 3, 2005

Opinion regarding whether a conflict of interest would arise from the Executive Director of the Charleston County Human Services Commission running as a candidate or being elected to the Hollywood Town Council.

Requested by: Alyson C. Fudge, Esquire

Read full opinion

May 2, 2005

Opinion regarding recent legislation enacted by the General Assembly legalizing the practice of tattooing.

Requested by: The Honorable William C. Mescher, Member, SC Senate

Read full opinion

April 22, 2005

Opinion concerning whether serving simultaneously on the State Board Technical and Comprehensive Education and the Donaldson Development Commission would constitute dual office holding under the South Carolina Constitution.

Requested by: Edwin G. Foulke, Jr., Esquire

Read full opinion

April 14, 2005

Opinion “concerning implementation in South Carolina of the National Flood Insurance Program (NFIP).”

Requested by: Paul S. League, Deputy Chief Counsel, SC Department of Natural Resources

Read full opinion

April 8, 2005

Opinion concerning the legality of H.3683, as it currently reads that candidates will be treated differently relating to Spartanburg County School Board elections.”

Requested by: The Honorable John D. Hawkins, SC Senate

Read full opinion

April 4, 2005

Opinion inquiring as to the constitutionality of a City of Hardeeville Ordinance imposing a user fee upon certain fire protection and emergency medical services.

Requested by: David L. Tedder, Esquire

Read full opinion

March 30, 2005

Opinion “on the constitutionality of House Bill 3213, the Right to Life Bill, which was introduced this year.”

Requested by: The Honorable G. Ralph Davenport, Jr., Member, House of Representatives

Read full opinion

March 29, 2005

Opinion concerning the constitutionality of Bill H.3728, which would allow a Water Commissioner to be appointed from the Service Area and Taxing District, rather than just the Taxing District only.

Requested by: The Honorable Joe Mahaffey, Member, House of Representatives

Read full opinion

March 10, 2005

Opinion concerning the enabling Act of Clinton Newberry Natural Gas Authority.

Requested by: The Honorable A. A. Morris, Jr., Member, Newberry County Council

Read full opinion

March 10, 2005

Opinion inquiring as to whether an individual currently employed with the Oconee County Building Codes Office may simultaneously serve as a reserve officer for the Oconee County Sheriff’s Office without violating the dual office provision.

Requested by: Lt. Stephen Jenkins, Oconee County Sheriff’s Office

Read full opinion

March 4, 2005

Opinion that requested clarification of S.C. Code Ann. § 5-7-30 and our opinion, Op. S.C. Atty. Gen. Op. No. 89-144, dated October 13, 1989.

Requested by: Mr. Steven E. Thomas, City Administrator, City of Conway

Read full opinion

March 1, 2005

Opinion indicating that the Town of Williston and City of Barnwell have been requested by the Barnwell County Sheriff’s Department to enter into what is entitle a “Multiple Law Enforcement Agency Criminal Investigation and Mutual Aid Agreement.” And asking whether Section 23-20-30 authorizes a contract between a county and a municipality to transfer a municipal officer “in response to any law enforcement need” including, but not limited to, emergency situations; civil disorders; natural or man-made disasters; vehicle or other pursuits of criminal suspects; location of missing persons; or criminal activities involving both or multiple jurisdictions.

Requested by: Thomas M. Boulware, Esquire

Read full opinion

February 16, 2005

Opinion concerning the constitutionality of House Bill 3264 in light of the Supreme Court’s recent ruling that overturned Charleston County’s 15% cap on assessment increases for owner occupied homes.

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

Read full opinion

February 8, 2005

Opinion questioning the practice of the Winthrop University Police Department of issuing moving traffic citations to Winthrop students and personnel utilizing their own tickets and setting bonds and fines for a violation.

Requested by: Chief Frank J. Zebedis, Winthrop University Police

Read full opinion

February 3, 2005

Opinion “about the City of Gaffney doing work on private property.” This opinion specifically seeks “an opinion on using taxpayer money to do this work that only benefits private property.”

Requested by: The Honorable Wayne C. Ramsey, Member, Gaffney City Council

Read full opinion

January 27, 2005

Opinion regarding the legality of “an entity called the IRC (Investigative Review Committee) operating in conjunction with the BOE (Board of Veterinary Medical Examiners) within in the Department of Labor, Licensing, and Regulation.”

Requested by: The Honorable Danny Verdin, Member, SC Senate

Read full opinion

January 18, 2005

Opinion concerning the effect of the issuance of bond anticipation notes upon the time limitations imposed by the State Constitution for the issuance of general obligation bonds.

Requested by: The Honorable Catherine Ceips, Member, House of Representatives

Read full opinion

January 12, 2005

Opinion questioning whether serving simultaneously as a state constable and as a deputy coroner would violate the dual office holding provisions of the State Constitution.

Requested by: The Honorable Lloyd B. Ward, Coroner, Barnwell County

Read full opinion

December 31, 2004

Opinion concerning the clarification of Act No. 289 of 2004. Specifically, concerning the waiver from the Continuing Professional Education requirement found in Section 42-2-250.

Requested by: The Honorable Brian White, Member, House of Representatives

Read full opinion

December 16, 2004

Opinion concerning “the standing of commissioners serving on the Columbia Metropolitan Airport Commission.”

Requested by: The Honorable Edward H. Pitts, Jr., Member, House of Representatives

Read full opinion

Schedule a Tour or Visit

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

image description
Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

Room 519 | Columbia, S.C. 29201

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

Back to top