Posts Tagged ‘Counties’

October 17, 2017

Opinion on dual office holding (local magistrate and serve as county attorney in same county).

Requested by The Honorable Margie Bright Matthews, Member, South Carolina Senate.

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October 9, 2017

Opinion on the Rules of Greenville County Council.

Requested by The Honorable Garry R. Smith, Member, South Carolina House of Representatives.

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September 26, 2017

Opinion on whether or not the South Carolina Department of Transportation projects and borrow pits for these projects are subject to local zoning ordinances.

Requested by The Honorable Alan D. Clemmons, Chairman, Rules Committee, South Carolina House of Representatives.

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September 22, 2017

Opinion on the custody and control of a county jail (Sections 24-5-10 and 24-5-12).

Jerrod M. Bruder, Executive director, South Carolina Sheriffs’ Association.

Read full opinion.

September 6, 2017

Opinion on whether individual convicted of arson and received a pardon from South Carolina can be allowed to work for the local fire department (Section 40-80-20, Code of Laws).

Requested by The Honorable Kent Williams, Member, South Carolina Senate.

Read full opinion.

August 30, 2017

Opinion on whether a county council can spend accommodations or hospitality tax funds to construct a culinary art institute or a culinary art tourism center (Section 6-1-500 et seq.).

Requested by Christopher S. Inglese, Esquire, Assistant Attorney for Beaufort County.

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August 10, 2017

Opinion on the validity of recording deeds by auditors, registers of deeds and clerks of courts.

Requested by James M. Holly, Esquire, Attorney for Aiken County.

Read full opinion.

July 27, 2017

Opinion on school resource officers.

Requested William F. Halligan, Attorney for Kershaw County School District.

Read full opinion.

July 13, 2017

Opinion on the Dillon County Council’s use of proceeds from the local option sales tax.

Requested by Bruce E. Davis, Esquire, Attorney for Dillon County Board of Education.

Read full opinion.

June 8, 2017

Opinion on whether C-funds can be used to pay for an attorney’s services relating to contracts let by the CTC if the County Transportation Committee is a standalone Committee and not attached to a county council, or a town.

Requested by The Honorable Michael W. Gambrell, Member, South Carolina Senate.

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June 5, 2017

Opinion on a clerk’s use of fees paid by bail bondsmen (Section 38-53-100(d)).

Requested The Honorable Charles L. Reel, Edgefield County Clerk of Court.

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May 17, 2017

Opinion on whether a police department may purchase a gyroplane with funds forfeited pursuant to S.C. Code Ann. Section 44-53-520 (2016).

Requested by James R. Battle, Esquire, Attorney for the Myrtle Beach Police Department.

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May 15, 2017

Opinion on whether a local magistrate can void a county ordinance (Lancaster County Code 22, nuisance complaint).

Requested by The Honorable Deborah Long, Member, South Carolina House of Representatives.

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May 4, 2017

Opinion on dual office holding (member of Allendale County School Board and Allendale County Hospital Board).

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

Read full opinion.

April 26, 2017

Opinion on incentivized inclusionary zoning requirements (Home Rule Act of 1975).

Requested by The Honorable Wendell G. Gilliard, Member, South Carolina House of Representatives.

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March 28, 2017

Opinion on whether a South Carolina municipality may implement a private percent for art as part of its building permit program.

Requested by Mary C. McCormac, Esquire, Attorney for the City of Clemson.

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March 28, 2017

Opinion on whether Richland County is required to provide ambulance service to mentally ill patients (Section 44-17-440).

Requested by Elizabeth A. McLean, Deputy Richland County Attorney.

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March 20, 2017

Opinion on dual office holding (County Council Member and Director of Elections/Voter Registration; or Director of Campaigns, Midland Technical College;  or Grants and Government Relations Specialist, Columbia Museum of Art.

Requested by Bradley T. Farrar, Esquire, Chief Deputy Richland County Attorney.

Read full opinion.

March 14, 2017

Opinion on proposed Greenville County Council ordinance (two parts under one ordinance), number of votes required to pass the ordinance, and whether Section 6-1-330 violates the Home Rule Statute.

Requested by The Honorable Dwight Loftis and J.M. “Mike” Burns, Members, South Carolina House of Representatives.

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March 2, 2017

Opinion on legality of Barnwell ordinance (whether Barnwell County can vacate by ordinance the Barnwell County Economic Development Corporation’s and Barnwell County Economic Development Commission’s duties and ownership of land and assets as negotiated with three municipalities).

Requested by Thomas M. Boulware, Attorney for City of Barnwell and Town of Williston.

Read full opinion.

 

February 7, 2017

Opinion on composition of accommodations tax advisory committee and proper disbursement of accommodations tax revenue.

 

Requested by John O. Williams II, Esquire, Berkeley County Attorney.

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January 31, 2017

Opinion on whether Beaufort County has legal responsibility to clear marine debris from property located with the tidelands (Section 48-39-10(G)).

 

Requested by Thomas Keaveny, Esquire, Beaufort County Attorney.

Read full opinion.

January 4, 2017

Opinion on the assessment of property pursuant to the Bailey Bill (S.C. Code §§ 4-9-195, 5-21-140).

Requested by The Honorable Carl Pennington, IV, Mayor, City of Hartsville.

Read full opinion.

December 20, 2016

Opinion on whether the SC Department of Revenue has the authority to cancel certain permits that have been authorized by an affirmative vote on a referendum during the general election (S.C. Code Ann. Section 61-6-2010).

Requested by The Honorable J. Derham Cole, Member, South Carolina House of Representatives.

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December 9, 2016

Opinion on whether a special purpose district’s fire board can be elected by popular vote.

Requested by The Honorable Stephen Goldfinch, Member, South Carolina Senate.

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November 18, 2016

Opinion on whether C funds can be used to pave ingress/egress and parking areas of fire departments located within Chester County.

Requested by Joan Winters, Esquire, attorney for Chester County.

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November 15, 2016

Opinion on repair and maintenance of county roads in municipalities.

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

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September 30, 2016

Opinion on legality of wording of a bond referendum by the Dorchester County Council – whether it is legal to combine both of the requests for authorization to issue bonds for libraries and for parks into one referendum question.

Requested by The Honorable Paul Thurmond, Member, South Carolina Senate.

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September 23, 2016

Opinion on tax rolls (S.C. Section 12-39-150) and the posting and delivery of the tax roll duplicate by the county auditor to the county treasurer.

Requested by The Honorable Maria Walls, Beaufort County Treasurer.

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September 23, 2016

Opinion on using public funds to do work on private property in emergency situations (Richland County Code of Ordinances, Chapter 21).

Requested by Bradley T. Farrar, Esquire, Attorney for Richland County.

Read full opinion.

September 6, 2016

Opinion on Sections 30-1-10C and D and 30-1-90A (approval process for Records Retention Schedules by the SC Department of Archives & History.

Requested by W. Eric Emerson, Ph.D., Director and SHPO, SC Department of Archives & History.

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September 1, 2016

Opinion on Oconee County Ordinance 2015-35 (Reformed and Restated Ground Lease Agreement).

Requested by David A. Root, Esquire, Oconee County Attorney.

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August 24, 2016

Opinion on dual office holding.

Requested by Mr. H. Jerry Morris, Chairman, Barnweil County Museum.

Read full opinion.

 

August 19, 2016

Opinion on whether a special district fire board can be elected by popular vote.

Requested by The Honorable Stephen Goldfinch, Jr., Member, South Carolina House of Representatives.

Read full opinion.

 

August 16, 2016

Opinion on whether an outcome of a vote can be changed in a subsequent meeting for filling vacancies on the Renewable Water Resources Board of Commissioners.

Requested by The Honorable Bruce Bannister, Vice Chairman, Greenville County Legislative Delegation.

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August 1, 2016

Opinion regarding the propriety of the Budget Savings Suggestion Program.

Requested by Arrigo P. Carotti, Esq., Horry County Attorney.

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July 5, 2016

Opinion regarding the legality and implications of certain actions by a county supervisor.

Requested by The Honorable John Richard C. King, South Carolina House of Representatives.

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June 21, 2016

Opinion regarding whether serving on both the Dorchester County Water Authority and the Department of Transportation Commission would constitute dual office holding.

Requested by The Honorable Sean M. Bennett, Member, South Carolina Senate.

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June 14, 2016

Opinion regarding dual office holding.

Requested by Mr. Gary Kubic, Beaufort County Administrator.

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June 6, 2016

Opinion regarding the Treasurer’s right to carry a concealed weapon in the Lexington County Treasurer’s Office.

Requested by The Honorable James Eckstrom, Treasurer, County of Lexington.

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June 1, 2016

Opinion regarding whether simultaneous service as auditor for Lee County and as a non-voting advisory member of the Lee County Archives Commission would violate our State’s Constitutional prohibition against dual office holding.

Requested by The Honorable Cecil LaVear Stevens, Lee County Auditor, Senior Official, Lee County Court House.

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May 31, 2016

Opinion on authority of a municipal council to remove a person from a meeting.

Requested by Ms. Miriam Hair, Executive Director, Municipal Association of South Carolina.

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May 24, 2016

Opinion on the legality of a grant awarded by the Marlboro County Transportation Commission for the resurfacing and fencing at a local state-owned lake.

Requested by Harry R. Easterling, Jr., Attorney for Marlboro County.

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May 17, 2016

Opinion regarding whether a referendum held by the Town of Duncan on November 3, 2015 is valid.

Requested by The Honorable Lisa C. Scott, Mayor, Town of Duncan.

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May 12, 2016

Opinion regarding a possible conflict between statutes establishing the method of appointment of members of the Tri-County Technical College.

Requested by The Honorable Gary E. Clary, Member, South Carolina House of Representatives.

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May 6, 2016

Opinion regarding whether service as a council member for the Cherokee County Council and as a member of the Macedonia Fire District Board would violate our State’s constitutional prohibition of dual office holding.

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

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May 6, 2016

Opinion pertaining to S.C. Code Ann. § 61-6-2010 (2009 & Supp. 2015).

Requested by Mary C. McCormac, Esquire, Legal Counsel for City of Clemson.

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May 3, 2016

Opinion regarding a contribution by the City of Orangeburg to South Carolina State University.

Requested by James F. Walsh, Jr., Esquire, City Attorney for Orangeburg.

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May 3, 2016

Opinion regarding whether or not the Home Rule Act invalidates the laws in Chapter 11, Title 6 of the SC Code of Laws, relating to special purpose districts.

Requested by The Honorable Donna C. Hicks, Member, and The Honorable Doug Brannon, Member, South Carolina House of Representatives.

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April 29, 2016

Opinion pertaining to the annual ad valorem tax levy collected for the Recreation Commission of Richland County.

Requested by Mr. Larry C. Smith, Esquire, Attorney for Richland County.

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April 25, 2016

Opinion on whether or not the Legislative Audit Council has the authority to audit the Greenville Health System Office of Philanthropy.

Requested by Eric Douglass, General Counsel, Legislative Audit Committee.

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April 20, 2016

Opinion regarding Nov. 16, 2015 opinion to the Town of Irmo’s Chief of Police, Joe Nates.

Requested by The Honorable Hardy King, Mayor of Irmo; The Honorable Julius Waites, Irmo Town Council Member; and The Honorable Mark Pouliot, Irmo Town Council Member.

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April 14, 2016

Opinion regarding the correct method to determine the permitted operating millage increase for the School District in each fiscal year.

Requested by Francenia B. Heizer, Esquire, McNair Law Firm, P.A.

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April 12, 2016

Opinion pertaining to the Charleston County School District.

Requested by The Honorable Joseph K. Bowers, III, Member of the Board of Trustees, St. James-Santee Constituent School District.

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April 1, 2016

Opinion on security for county voter registration and elections offices.

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

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March 31, 2016

Opinion pertaining to fire protection services provided to the Town of Fort Lawn.

Requested by The Honorable John R. Rumford, Mayor, Town of Fort Lawn.

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March 31, 2016

Opinion regarding whether the Buffalo Volunteer Fire Department is a special purpose district.

Requested by The Honorable Bryan Gardin, Chief, Buffalo Fire Department.

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March 16, 2016

Opinion on whether the Governor possesses the authority to suspend or remove individuals from office.

Requested by Holly Pisarik, Chief Legal Counsel, Office of the Governor.

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March 4, 2016

Opinion regarding the regulation of firearms in the Greenville Arena District.

Requested by Dante Russo, Vice Chairman, Greenville Arena District.

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March 4, 2016

Opinion regarding the Cherokee Springs Fire District in Spartanburg County.

Requested by The Honorable Shane Martin, Senator, District 13.

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March 1, 2016

Opinion regarding SC Constitution Article VII, Section 7.

Requested by Bradley T. Farrar, Esq., Chief Deputy Richland County Attorney.

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February 12, 2016

Opinion regarding whether Lexington County Health Services District may donate funds to the Good Samaritan Clinic when the funds are to be used solely to operate free clinics located in Lexington County and to provide for healthcare services at those clinics.

Requested by Tod Augsburger, Chief Executive Officer, Lexington Medical Center.

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February 11, 2016

Opinion regarding whether the Beaufort County Board of Education has the authority to discipline one of its own members for policy or conduct violations in executive session pursuant to Section 30-4-70(a)(1) (2007 & Supp. 2015) of the South Carolina Freedom of Information Act.

Requested by Drew H. Davis, Esq., General Counsel, Beaufort County Board of Education.

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January 26, 2016

Opinion regarding Section 4-8-20 of the 1976 South Carolina Code of Laws.

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

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January 11, 2016

Opinion regarding the “wording and definition in the state statute for persons required to report, [S.C. Code] 63-7-310.”

Requested by The Honorable Michael Crenshaw, Sheriff, Oconee County Sheriff’s Office.

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December 30, 2015

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

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

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December 21, 2015

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

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

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December 11, 2015

Opinion on the State Ethics Act.

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

Read full opinion.

 

November 24, 2015

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

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

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November 24, 2015

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

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

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November 12, 2015

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

Requested by Paul M. Fata, Lee County Attorney.

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November 12, 2015

Opinion regarding the Savannah Lakes Village Special Tax District.

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

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November 12, 2015

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

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

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November 2, 2015

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

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

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October 28, 2015

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

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

Read full opinion.

October 27, 2015

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

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

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October 26, 2015

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

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

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October 15, 2015

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

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

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October 13, 2015

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

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

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September 29, 2015

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

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

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September 28, 2015

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

Requested by Cheryl Morgan, Lancaster County Auditor.

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September 28, 2015

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

Requested by the Greenville Legislative Delegation.

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September 28, 2015

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

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

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September 17, 2015

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

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

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September 15, 2015

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

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

Read full opinion.

September 3, 2015

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

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

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August 24, 2015

Opinion regarding use of Special Tax District tax funds.

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

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August 18, 2015

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

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

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August 7, 2015

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

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

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July 28, 2015

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

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

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July 27, 2015

Opinion related to the South Carolina Freedom of Information Act.

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

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July 20, 2015

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

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

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July 18, 2015

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

Requested by The Honorable Brian Shult, Georgetown County Auditor.

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July 16, 2015

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

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

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July 2, 2015

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

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

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July 1, 2015

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

Requested by the Aiken County Legislative Delegation.

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June 17, 2015

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

Requested by The Honorable Tom Young, Jr.

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June 11, 2015

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

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

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June 2, 2015

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

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

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May 29, 2015

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

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

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May 19, 2015

Opinion regarding dual office holding.

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

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April 28, 2015

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

Requested by Mr. William F. Halligan, Esquire.

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April 27, 2015

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

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

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April 9, 2015

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

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

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March 13, 2015

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

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

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March 6, 2015

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

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

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February 25, 2015

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

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

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February 19, 2015

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

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

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February 19, 2015

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

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

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February 17, 2015

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

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

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February 12, 2015

Opinion regarding the boundaries of the Metropolitan Sewer Subdistrict.

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

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January 14, 2015

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

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

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December 23, 2014

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

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

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December 12, 2014

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

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

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December 4, 2014

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

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

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November 25, 2014

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

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

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November 18, 2014

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

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

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November 18, 2014

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

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

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October 27, 2014

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

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

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October 16, 2014

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

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

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October 16, 2014

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

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

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September 30, 2014

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

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

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September 23, 2014

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

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

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September 23, 2014

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

Requested by Wesley P. Bryant, Georgetown County Attorney.

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September 22, 2014

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

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

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September 19, 2014

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

Requested by Sean P. Thornton, Esq.

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September 18, 2014

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

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

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September 8, 2014

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

Requested by The Honorable Shane Martin.

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August 28, 2014

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

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

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August 25, 2014

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

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

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August 22, 2014

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

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

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August 19, 2014

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

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

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August 14, 2014

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

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

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August 8, 2014

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

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

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August 4, 2014

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

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

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July 28, 2014

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

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

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July 28, 2014

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

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

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July 24, 2014

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

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

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July 22, 2014

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

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

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July 9, 2014

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

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

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July 3, 2014

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

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

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June 30, 2014

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

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

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June 30, 2014

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

Requested by: The Honorable Mike Fair, SC Senate

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June 18, 2014

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

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

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June 13, 2014

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

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

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June 10, 2014

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

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

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June 10, 2014

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

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

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June 2, 2014

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

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

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May 20, 2014

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

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

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May 20, 2014

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

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

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May 12, 2014

Opinion regarding authorized emergency vehicles.

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

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May 2, 2014

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

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

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April 29, 2014

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

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

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April 29, 2014

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

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

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April 28, 2014

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

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

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April 1, 2014

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

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

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March 31, 2014

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

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

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March 27, 2014

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

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

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March 27, 2014

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

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

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March 17, 2014

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

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

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March 12, 2014

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

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

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March 12, 2014

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

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

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March 6, 2014

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

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

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February 28, 2014

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

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

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February 3, 2014

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

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

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January 23, 2014

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

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

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January 23, 2014

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

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

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January 15, 2014

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

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

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January 15, 2014

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

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

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January 14, 2014

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

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

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January 6, 2014

Opinion regarding the Regional Transportation Authority Law.

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

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December 12, 2013

Opinion asking, may a mayor be appointed to a county planning commission without violating the dual office holding prohibition of the South Carolina Constitution?

Requested by: Mr. Steve Willis, Lancaster County Administrator

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December 10, 2013

Opinion as to the impact of Spartanburg County’s (the “County”) transition from a self-funded insurance plan to the South Carolina Public Employee Benefit Authority’s (PEBA) insurance benefits program on the insurance benefits currently afforded part time magistrates.

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

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November 18, 2013

Opinion concerning the legality of municipalities setting their own fines for speeding violations as opposed to the penalties set forth in the Uniform Act Regulating Traffic on Highways (the “UTA”), S.C. Code §§ 56-5-10 et seq.

Requested by: The Honorable Jimmy C. Bales, Ed.D, Member, House of Representatives

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Novmber 18, 2013

Opinion concerning the legality of counties and municipalities issuing tickets for traffic and other offenses under local ordinances as opposed to the Uniform Act Regulating Traffic on Highways (the “UTA”), S.C. Code §§ 56-5-10 et seq.

Requested by: The Honorable Curtis M. Loftis, Jr., South Carolina State Treasurer

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November 13, 2013

Opinion asking pursuant to South Carolina Code § 12-37-890 may the Charleston County Auditor’s Office charge an annual personal property tax on an airplane owned by a limited liability company (LLC) with a physical address outside of South Carolina when the airplane has an annual lease at an airport within your county and is physically at the airport in your county approximately half of a calendar year?

Requested by: The Honorable Peter Tecklenburg, Charleston County Auditor

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November 8, 2013

Opinion asking pursuant to South Carolina Code § 12-37-890 may the Charleston County Auditor’s Office charge an annual personal property tax on an airplane used primarily for business purposes when the airplane has an annual lease at an airport within your county and lists its home base in South Carolina in spite of the fact that an out-of-state limited liability company (LLC) with a physical address in your county is the “owner” of the airplane?

Requested by: The Honorable Peter Tecklenburg, Charleston County Auditor

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October 24, 2013

Opinion on two issues regarding dual office holding.

Requested by Chief H. Harold Brown, Elgin Police Department

Read full opinion here.

October 28, 2013

Opinion on dual office holding (serves on the board of the SC Commission on High Education and serve on the board of a local hospital).

Requested by The Honorable Tom D. Corbin, Member, South Carolina Senate.

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October 10, 2013

Opinion concerning the Humane Society of McCormick County

Requested by:  G.P. Callison, Jr., Esquire, McCormick County Attorney

Read full opinion here. 

October 10, 2013

Opinion as to whether the Governor has the power to appoint someone to replace a magistrate who resigned in April of this year when the Legislature was in session, but the Governor’s Office did not receive notice of the resignation until the legislative session had ended.

Requested by:  The Honorable Floyd Nicholson, Senator, District No. 10

Read full opinion here.

October 2, 2013

Opinion regarding Architectural Board of Appeals.

Requested by:  The Honorable William L. Otis, Mayor, Town of Pawleys Island

Read full opinion here.

September 23, 2013

Opinion concerning whether a builder (who is the property owner) may file a late application for a fee in order to apply for the multiple lot discount pursuant to South Carolina Code § 12-43-225.

Requested by:  The Honorable Todd K. Atwater, Member, House of Representatives

Read full opinion here. 

September 18, 2013

Opinion concerning the collection of fines by the State Transport Police for certain violations of the Uniform Act Regulating Traffic on Highways, S.C. Code §§ 56-5-10 et seq.

Requested by:  The Honorable Scott D. Whittle, Magistrate, Lexington County

Read full opinion here.

September 17, 2013

Opinion concerning the process for having a magistrate removed from office for incapacity or misconduct as well as the process by which the number of magistrates in a county is decreased.

Requested by:  Joan Elizabeth Winters, Esquire, Chester County Attorney

Read full opinion here. 

August 14, 2013

Opinion regarding the interpretation of Section 5-7-110 of the South Carolina Code, which deals with, among other things, the authority of a municipal police force to contract with private businesses to provide police protection beyond a municipality’s corporate limits.

Requested by Chief Christopher Garner, Pelion Police Department

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August 9, 2013

Opinion concerning multiple lots property tax discounts.

Requested by:  The Honorable Michael E. Reed, Edgefield County Assessor

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August 6, 2013

Opinion as to whether a campus police department may authorize its officers to use their personal vehicles for law enforcement purposes and install blue lights on such vehicles.

Requested by:  Mark Keel, Chief, State Law Enforcement Division

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July 30, 2013

Opinion regarding whether a taxpayer may receive the legal residence (4% assessment) rate pursuant to S.C. Code § 12-43-220 when the taxpayer is living on the property as his legal residence and owns the property with a vested remainder interest subject only to a life estate which was given to two people whose legal residence is elsewhere.

Requested by:  Marvin C. Jones, Esquire, Jasper County Attorney

Read full opinion here. 

July 26, 2013

Opinion concerning whether a legislator currently serving in the South Carolina General Assembly may also hold the position of Director of Airports on the Charleston County Aviation Authority without violating state law.

Requested by:  The Honorable Jenny A. Horne, Member, House of Representatives.

Read full opinion. 

July 19, 2013

Opinion as to whether two applicants—one employed as a Code Enforcement Officer for the Spartanburg County Sheriff’s Department and another employed as a State Trooper at the South Carolina Department of Public Safety—would be permitted to serve as a fire commissioner on a Special Purpose Fire District given the South Carolina Constitution’s prohibition on dual office holding.

Requested by: The Honorable Shane Martin, Delegation Chairman, Spartanburg County Legislative Delegation

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July 17, 2013

Opinion regarding the interpretation of Ordinance 91-21 in reference to the Savannah Lakes Village Special Tax District.

Requested by: G.P. Callison, Jr., Esquire, McCormick County Attorney

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July 9, 2013

Opinion as to who may properly prosecute a courtesy summons charge issued pursuant to S.C. Code § 22-5-115 in summary court.

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

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July 8, 2013

Opinion concerning the propriety of the allocation of funds by the County Council to individual council members for certain purposes.

Requested by: The Honorable MaryGail K. Douglas, Member, House of Representatives

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July 2, 2013

Opinion “on an issue that has arisen in response to the United States Supreme Court’s Ruling in Shelby County v. Hunter.

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

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July 1, 2013

Opinion regarding the interpretation of Sections 58-25-35 and 58-25-40 of the South Carolina Code.

Requested by: Charles M. MacNeil, Executive Director, Pee Dee Regional Transportation Authority

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June 28, 2013

Opinion asking are staff employees of the Voters Registration & Election Commission considered county employees when the authority to hire and fire does not reside with the county administrator.

Requested by: Nick Oxendine, Chairman, Allendale County Voters Registration & Election Commission

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June 26, 2013

Opinion concerning potential liability exposure and insurance needs of the Aiken County Commission for Higher Education (ACCHE).

Requested by: The Honorable J. Roland Smith, Member, House of Representatives

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June 25, 2013

Opinion concerning actions taken by the South Carolina Transportation Infrastructure Bank (the “SIB”) to provide additional funding for the completion of the I-526/Mark Clark Extension Project (the “Project”) in Charleston County.

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

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June 19, 2013

Opinion regarding a situation that is affecting the City Council of the City of Aiken.

Requested by: Gary H. Smith, III, Esquire, Aiken City Attorney

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June 17, 2013

Opinion as to whether State law prohibits an individual from simultaneously serving as a member of the Union County Commission on Alcohol and Drug Abuse and as a member of the City of Union Municipal Election Commission.

Requested by: The Honorable Shane Martin, Senator, District No. 13

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June 13, 2013

Opinion as to whether fines imposed in magistrates court for violations of county ordinances may be retained entirely by the county.

Requested by: John E. James, III, Esquire, Fairfield County Attorney

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June 12, 2013

Opinion as to who is legally responsible for inmates housed at the Marion County Prison Camp. Specifically, you wish to know whether you, as Sheriff, are responsible for inmates in the Marion County Prison Camp even though you are not over that facility.

Requested by: The Honorable Mark W. Richardson, Sheriff, Marion County

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June 3, 2013

Opinion concerning the disposition of weapons seized by law enforcement for offenses other than those covered by the Preservation of Evidence Act.

Requested by: Crystal Moore, Chief of Police, Latta Police Department

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May 28, 2013

Opinion regarding whether Greenwood County, as the owner of Lake Greenwood, is authorized to charge an annual fee on docks as registering encroachments even though the South Carolina Constitution says “navigable waters and wharfs” shall not be taxed unless authorized by the General Assembly.

Requested by: The Honorable Phyllis Henderson, Member, House of Representatives

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May 6, 2013

Opinion as to whether the Richland County First Steps Partnership’s (the “Richland Partnership”) Board has the authority under State law to purchase a building in which to house its operations.

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

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May 2, 2013

Opinion regarding the language of South Carolina Code Section 40-59-260 providing that “an owner must personally appear and sign” a building permit application, may an individual under a Power of Attorney authority specifying the Attorney-In-Fact’s specific authorizations, properly executed and witnessed and recorded in the permitting county be an adequate substitute to the requirement that the owner “personally appear” and meet the requirements under the law.

Requested by: The Honorable Chip Huggins, Member, House of Representatives

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April 23, 2013

Opinion regarding “the effects on projects approved in an initial referendum to impose a one percent sale tax pursuant to Section 4-10-300, et seq. of the South Carolina Code.”

Requested by: The Honorable J. Yancey McGill, Senator, District No. 32

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April 18, 2013

Opinion addressing “social host” criminal liability as it pertains to the consumption of alcohol by minors.

Requested by: The Honorable James Lee Foster, Office of the Sheriff, County of Newberry

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April 16, 2013

Opinion asking if the Joint Legislative Committee wanted to use the 4% [special legal residence assessment pursuant to S.C. Code Section 12-43-220(c)(2)(ii)] would we be within the law or have we operated outside of the law in the past.

Requested by: The Honorable Harvey S. Peeler, Jr., Member, SC Senate

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April 8, 2013

Opinion regarding the use of a vehicle by the Hampton County Coroner’s Office.

Requested by: The Honorable Ernie J. Washington, Sr., Hampton County Coroner

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April 5, 2013

Opinion asking is a particular candidate eligible to represent a Congressional District on the Board of Trustees of the Medical University of South Carolina when his wife owns (in her name only) a residence registered as her primary residence in a Congressional District other than his?.

Requested by: The Honorable Peter M. McCoy, Jr., Member, House of Representatives

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April 5, 2013

Opinion on whether the S.C. Dept. of Revenue may collect a submission/handling fee for the electronic recording of documents, S.C. Code 12-53-45.

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

Read full opinion.

 

April 2, 2013

Opinion asking whether the Union County supervisor is considered an elected official per S.C. Code § 4-9-30(7)? Does the supervisor fall within the scope of the county’s personnel policy? Is the county council itself authorized to hire and fire a county employee? Is county council authorized to reinstate an employee fired by the supervisor? And if county council does have the authority to fire a county employee or have an employee reinstated that is fired by the supervisor, what type of majority would county council have to have to do so?

Requested by: Sammy G. Diamaduros, Esquire, Union County Attorney

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March 28, 2013

Opinion asking whether pursuant to S.C. Code of Laws Section 5-9-10 (1976 Code, as amended), does the mayor has the authority to suspend or remove the city administrator; municipal clerk; city attorney; or municipal judges?

Requested by: The Honorable Tim Goodwin, Mayor, City of Folly Beach

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March 26, 2013

Opinion asking whether you, as the elected auditor of Georgetown County, may present a case before the magistrate’s court as a representative of the county so that you may perform your duties?

Requested by: The Honorable Linda Mock, Georgetown County Auditor

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March 20, 2013

Opinion asking if the vehicles of the Greenwood County Sheriff’s Office [“Sherriff’s Office”] and [South Carolina] Department of Public Safety/[South Carolina] Highway Patrol [“DPS/Highway Patrol”] collide in an incorporated or unincorporated jurisdiction, where the Sheriff’s office vehicle is registered, which law enforcement agency should investigate the collision?

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

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March 14, 2013

Opinion asking which country is a constituent’s property located in where the home built on the property has been taxed since it was built close to fifteen years ago by Cherokee County but, for the first time, Spartanburg County assessor sent notice on March 19, 2021 to the constituent and to Cherokee County that he is taxing the home as being located in Spartanburg County?

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

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March 12, 2013

Opinion asking may a constituent receive the homestead exemption for his real property taxes pursuant to S.C. Code §12-37-250 for tax year 2012 if he moved to the property in May of 2011 and if he was already 65 years old when he moved?

Requested by: The Honorable Thomas D. Corbin, Senator, District No. 5

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February 22, 2013

Opinion regarding the establishment of agricultural district programs by counties in South Carolina. Specifically, whether local governments have the authority to establish, through ordinance, voluntary agricultural district programs without enabling legislation.

Requested by: The Honorable Daniel B. Verdin, III, Senator, District No. 9

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February 6, 2013

Opinion questioning if a process server in South Carolina violate any trespass laws (specifically S.C. Code § 16-11-620) when serving court papers (a summons, complaint, petition, or subpoena) when the property posts a “No trespassing” sign or the property owner tells the process server to leave the property and not return.

Requested by: Mr. John M. “Jake” Knotts

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January 31, 2013

Opinion questioning as to whether a Veterans Identification Card issued by the Department of Veterans’s Affairs would qualify as a federal military ID acceptable for voting.

Requested by: Marci Andino, Executive Order, South Carolina Elections Commission

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January 28, 2013

Opinion regarding the constitutional validity of “the Pickens County School Board…having an invocation at its regularly monthly meeting.”

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

Read full opinion.

January 10, 2013

Opinion concerning the meaning of the McCormick County [School] Board of Trustees’ policy that “[a]ny vacancy will be filled for the unexpired portion of the term in the same manner provided for vacancies for full terms.

Requested by: The Earlean C. Smiley, Ed.D., Superintendent, McCormick County School District

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December 17, 2012

Opinion concerning voting rights and weighted voting for the Jasper County Delegation (the “Delegation”).

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

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December 5, 2012

Opinion asking does the law require a Registrar of Deeds to record a Manufactured Home Affidavit for Retirement of Title Certificate where the Affidavit was not in the proscribed form under South Carolina Code § 56-19-510?

Requested by: Marvin C. Jones, Esquire, Jasper County Attorney

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November 28, 2012

Opinion concerning a request under the Freedom of Information Act (“FOIA”) for certain financial records related to the Camden City Drug Fund.

Requested by: W. Kevin Bronson, City Manager, City of Camden

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November 26, 2012

Opinion concerning the question of “who has the authority to terminate the Director of the Board of Elections and Voter Registration of Richland County.”

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

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November 15, 2012

Opinion asking would South Carolina Soil and Water Conservation Districts be eligible for funding under the South Carolina Rural Infrastructure Act?

Requested by: Ken Rentiers, Deputy Director, S.C. Department of Natural Resources

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November 9, 2012

Opinion concerning the collection of delinquent taxes, penalties, and costs and the manner in which such funds should be disbursed.

Requested by: The Honorable Douglas E. Henderson, Beaufort County Treasurer

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November 5, 2012

Opinion asking for our interpretation of the student transfer provision found in S.C. Code §59-59-110 (Supp. 2005).

Requested by: The Honorable Aaron L. Baldwin, Member, McClellanville Town Council

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October 31, 2012

Opinion questioning the exception listed in §6-1-120(B)(3) (“sharing of data between public officials or employees in the performance of their duties”) include a municipality sharing information with a county or does it only refer to public officials or public employees within the same municipality?

Requested by: Bradley T. Farrar, Esquire, Deputy Richland County Attorney

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October 23, 2012

Opinion regarding the election of commissioners of the South Carolina Department of Transportation Commission (the “DOT Commission”).     

Requested by: Kenneth M. Moffitt, Esquire, Chief Counsel, Joint Transportation Review Committee

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October 23, 2012

Opinion questioning how many previous years of property taxes can be recovered by the County for a parcel of land that has not been taxed for thirteen years due to an error by the County?

Requested by: Marvin C. Jones, Esquire, Jasper County Attorney

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October 19, 2012

Opinion regarding the enforcement of beach regulations on Fripp Island, a gated community in Beaufort County.

Requested by: The Honorable Tom Davis, Senator, District No. 46

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October 12, 2012

Opinion questioning the current method of voting for replacements on boards and commissions by Fairfield County Council using voice vote by each council member to designate a number for a vote instead of a candidate’s name violate the South Carolina Freedom of Information Act (“FOIA”)?

Requested by: John E. James, III, Esquire, Fairfield County Attorney

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October 9, 2012

Opinion questioning can a deputy sheriff also hold a position such as a board member on the Fairfield County Council on Aging without violating the dual office holding provision of Article XVII, Section 1A of the South Carolina Constitution?

Requested by: John E. James, III, Esquire, Fairfield County Attorney

Read full opinion

October 2, 2012

Opinion asking whether an instructor at the South Carolina Criminal Justice Academy (CJA) who, by virtue of that position, holds a state constable commission and is certified as a Class 3 law enforcement officer may also work part-time performing the duties of a deputy coroner.

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

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September 24, 2012

Opinion interpreting Section 13 of Act 257 of 2012.” Specifically, “whether the Legislature intended in paragraph (2) for that applicant to personally hold title to the real property or can the applicant hold title through a corporation or limited liability corporation?”

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

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September 19, 2012

Opinion concerning the manner in which the proceeds of a sale by the Lancaster County Forfeited Land Commission should be distributed when such proceeds are insufficient to pay all “unpaid property taxes, penalties, assessments…and costs including taxes levied for the year in which the redemption period begins.”

Requested by: The Honorable Cheryl H. Morgan, Lancaster County Auditor

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September 19, 2012

Opinion concerning the procedure for approving new debt not exceeding the eight percent limitation of article X, section 14(7) of the South Carolina Constitution.

Requested by: Dennis K. Ray, Fire Chief, Lugoff Fire District

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September 13, 2012

Opinion as to whether membership on the Board of Directors of the South Carolina Public Employee Benefit Authority (“PEBA”) constitutes an “office” for purposes of the dual office holding prohibition.

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

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September 12, 2012

Opinion asking whether a court would likely find that UFCW’s activity constitutes solicitation of “business” prohibited by §56-5-3180(b).

Requested by: Warren V. Ganjehsani, General Counsel, S.C. Department of Public Safety

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September 7, 2012

Opinion concerning the Tourism Infrastructure Admissions Tax Act (“the Act”), particularly the definition of an extraordinary retail establishment in section 12-21-6520(14) of the South Carolina Code (2000 & Supp. 2011).

Requested by: Duane N. Parrish, Director, SC Department of Parks, Recreation & Tourism

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September 4, 2012

Opinion asking whether the list of eligible jurors which the State Election Commission furnishes the chief magistrates pursuant to S.C. Code Ann. §22-2-50 must include the names of individuals holding South Carolina driver’s licenses or identification cards who are not also registered voters.

Requested by: Bobby M. Bowers, Director, Division of Research and Statistics, SC Budget and Control Board

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July 17, 2012

Opinion regarding whether the Governor has the authority to suspend a public official who was indicted for a violation of the State Ethics Act (the “Ethics Act”).

Requested by: Swati S. Patel, Esquire, Chief Legal Counsel, Office of the Governor

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July 13, 2012

Opinion concerning the Aiken County Auditor’s retirement and an election to fill out the remainder of the unexpired term. Specifically, the Aiken County Auditor will be retiring effective June 30, 2012. His current term of office would normally expire June 30, 2013. The Auditor’s race is already on the November 2012 ballot for the term to commence July 1, 2012.

Requested by: W. Lawrence Brown, Esquire, Aiken County Office of the County Attorney

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July 10, 2012

Opinion “concerning the appointment of replacement candidates for the November 12 general election.”

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

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July 5, 2012

Opinion concerning the effect of a redistricting plan on the unexpired terms of two incumbent members of the Board of Trustees.

Requested by: Rick S. Chandler, Jr., Esquire

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July 2, 2012

Opinion regarding several questions related to the appointment and terms as Municipal Court Judge.

Requested by: The Honorable Vanessa C. Hollins, Municipal Judge, Town of Winnsboro

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June 29, 2012

Opinion concerning the date by which the Court must render a decision in order to allow the State of South Carolina sufficient time to implement the Act, R54, for the 2012 General Elections in November.

Requested by: H. Christopher Bartolomucci, Esquire, Bancroft PLLC

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June 22, 2012

Opinion inquiring whether the Town of St. George may adopt an ordinance stating that the costs of abating the conditions of “deteriorating structure and abandoned overgrown lots” borne by the Town will be “added to annual property taxes [and] must be paid along with the taxes and remitted to the Town by the county.”

Requested by: The Honorable Anne J. Johnston, Mayor, Town of St. George

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June 22, 2012

Opinion concerning county ad valorem tax assessments. Specifically, the propriety of using certain kinds of appraisal reports and options for disciplining an appraiser who created a misleading, fraudulent, or deceptive report.

Requested by: The Honorable Michael E. Reed, Edgefield County Assessor’s Office

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June 19, 2012

Opinion concerning the use of public funds (“C” funds) for the maintenance of highway/railroad crossings and bridges.

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

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June 11, 2012

Opinion regarding the implementation of a change in the form of municipal government.

Requested by: Kenneth E. Gaines, Esquire, City Attorney, City of Columbia

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June 12, 2012

Opinion “on the application of State Code 48-23-205 regarding local regulation of development affecting forest land.”

Requested by: Henry E. Kodama, State Forester, South Carolina Forestry Commission

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May 25, 2012

Opinion regarding the implementation of a change in the form of county government from the council-administrator to the council-manager form. Specifically, you have inquired whether a treasurer and auditor elected at the same election in which a referendum is passed adopting this change would be entitled to assume office and serve out their elected term.

Requested by: W. Lawrence Brown, Esquire, Aiken County Office of the County Attorney

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May 16, 2012

Opinion as to whether those persons who were disqualified as candidates as a result of the recent Supreme Court decision in Anderson v. South Carolina Election Commission, Op. No. 27120 (May 2, 2012) may offer as petition candidates in the general election.

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

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May 16, 2012

Opinion concerning eligibility requirements for members of the Saluda County Water and Sewer Authority (the “Authority”).

Requested by: Brian L. Burgess, Manager, Saluda County Water and Sewer Authority

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May 16, 2012

Opinion “requesting clarification of S.C. Code Section 14-17-210 as it pertains to the County Clerk of Court’s responsibility concerning the courthouse.”

Requested by: The Honorable Jackie S. Bowers, Clerk of Court, Newberry County

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May 7, 2012

Opinion as to whether the Jasper County Council has the authority to require the County Treasurer to provide an employee of her office to work at an administrative satellite office the County Council recently established at a location outside the county seat.

Requested by: Marvin C. Jones, Esquire, Jasper County Attorney

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April 30, 2012

Opinion “as to whether Article 3 of Chapter 13, Title 6 confers upon the Pioneer Rural Water District of Oconee and Anderson Counties the power to contract for or undertake the construction of new freshwater treatment facilities.”

Requested by: Andy Fiffick, Esquire

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April 24, 2012

Opinion concerning fees included on municipal property tax bills.

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

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April 23, 2012

Opinion regarding whether counties and municipalities may impose business license “fees” based upon gross income, rather than net income.

Requested by: The Honorable Christopher R. Hart, Member, House of Representatives

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April 12, 2012

Opinion regarding the authority of a deputy coroner to carry a firearm.

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

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April 11, 2012

Opinion relating “to a potential annexation in the Town of Lexington.” Specifically, “[t]he Town argued that [it] had [the] legal ability to use [a] previously annexed right of way to become contigous to the property in question.”

Requested by: The Honorable Rick Quinn, Member, House of Representatives

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April 9, 2012

Opinion addressing the impact of reapportionment on the election of commissioners of the South Carolina Department of Transportation (the “DOT”).

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

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April 4, 2012

Opinion concerning whether an individual’s concurrent service on the Edgefield County Transportation Committee (“Transportation Committee”) and the Board of Directors for the Edgefield County Hospital (“Hospital Board”) violates the constitutional prohibition against dual office holding.

Requested by: Michael S.Medlock, Edgefield County Attorney

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April 2, 2012

Opinion concerning the proper interpretation of the term “gross income” in the context of a county business license tax ordinance.

Requested by: Joshua A. Gruber, Esquire, Office of the County Administrator, Beaufort County

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April 2, 2012

Opinion concerning whether an elected official, who has a concealed weapons permit, may at any time and specifically, during meetings of city council, lawfully carry a concealable weapon inside a building that also houses City Hall, the Police Department, and the Courthouse.

Requested by: M. Bryan Turner, Chief of Police, Mauldin Police Department

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March 30, 2012

Opinion concerning the interpretation of sections 5-3-310 through -315 of the South Carolina Code (2004). The facts, as you have represented them, are that the City of North Charleston (“the City”) has annexed a portion of unincorporated Dorchester County that has heretofore been serviced by the Ashley River and Old Fort Fire Districts (collectively, “the Districts”).

Requested by: John G. Frampton, Esquire

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March 30, 2012

Opinion concerning Abbeville County School District (“School District”), as to whether the Board of Trustees of the School District (“the Board”) is the “local governing body” for purposes of section 6-1-320(b) of the South Carolina Code of Laws.

Requested by: Francenia B. Heizer, Esquire

Read full opinion.

 

March 27, 2012

Opinion concerning dual office holding. You ask whether the law permits you to accept a position of employment with the Town of Estill as a code enforcement officer during your term as Mayor for the Town of Fairfax.

Requested by: The Honorable Dwight Causey, Mayor, Town of Fairfax

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March 20, 2012

Opinion concerning Cherokee County Council’s authority to fund a scholarship program proposed by community members of the County that would provide tuition assistance to students who attend a local technical college and meet certain qualifications.

Requested by: Joseph L. Mathis, Esquire

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March 2, 2012

Opinion concerning the approval power vested in the governing body of Kershaw County as that power concerns the levy of taxes for the benefit of the Lugoff Fire District.

Requested by: Dennis K. Ray, Fire Chief, Lugoff Fire District

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February 29, 2012

Opinion concerning the authority of the Metropolitan Sewer Subdistrict created by Act 687 of 1969.

Requested by The Honorable David L. Thomas, Senator, District 8 and The Honorable Shane R. Martin, Senator, District 13

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February 23, 2012

Opinion concerning whether South Carolina law prohibits you from continuing to serve as Chairperson of the Anderson County Tax Assessment Appeals Board (“Tax Appeals Board”) in consideration of your recent appointment to the South Carolina Medical Disciplinary Commission (“Commission”).

Requested by:  Mr. Kenneth C. Walker

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February 24, 2012

Opinion regarding the Richland-Lexington Airport District (the “Airport District”). You ask us whether or not the City of Cayce is obligated to provide the same water and sewer rates to the Airport District as it charges to resident customers.

Requested by: John M. Knotts, Jr., Senator, District No. 23

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February 21, 2012

Opinion concerning your intent to file as a candidate for Probate Judge for the County of Bamberg (“County”) and the applicability of a County ordinance purporting to terminate employees of the county who become candidates for an elected county office.

Requested by:  Sarah G. Noel, Clerk, Bamberg County Probate Court

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February 21, 2012

Opinion concerning the authority of a local housing authority to act state-wide.

Requested by:  Tracey C. Easton, General Counsel, S.C. State Housing Finance and Development Authority

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February 6, 2012

An opinion regarding whether the Family Educational Rights and Privacy Act (“FERPA”) prohibits a school district from sharing information on crimes committed in the schools with the sheriff’s department.
Requested by:  The Honorable Leon Lott, Sheriff, Richland County

January 25, 2012

Opinion concerning the proper body to govern the affairs of the water and sewer system of the City of Tega Cay.

Requested by: The Honorable Ralph W. Norman, Member, House of Representatives

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January 12, 2012

Opinion concerning the legality of the following pending transaction.

Requested by: The Honorable Bruce Cooley, Abbeville County Director

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December 22, 2011

Opinion addressing whether or not circuit public defenders are entitled to accrue annual leave policies for state employees. Specifically, whether or not they are also entitled to receive payment for accumulated, unused annual leave (“terminal leave”) upon leaving the position.

Requested by: James M. Holly, Chief of Staff of Comptroller General

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December 9, 2011

Opinion regarding the constitutional validity of proposed “Sheriffs First” legislation.

Requested by: Jeffrey B. Moore, Executive Director, South Carolina Sheriff’s Association

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December 5, 2011

Opinion concerning whether section 6-1-730 of the South Carolina Code (2004 & Supp. 2010) would permit revenue from a local hospitality tax to be used to purchase a fire truck for a local municipality.

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

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November 29, 2011

Opinion as to whether an automatic sprinkler system is necessary, and whether the South Carolina Department of Health and Environmental Control (“DHEC”) has authority to require an automatic sprinkler system to be installed before a license is issued to the senior citizens’ day care facility.

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

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November 18, 2011

Opinion regarding county veterans’ affairs officers. Specifically, asking for clarification as to whether the county veterans’ affairs officer is thus subject to State personnel policies. And if not, whether the delegation may then adopt a grievance policy for the veterans’ affairs officer.

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

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November 17, 2011

Opinion inquiring whether the Fire Control Board of Carlisle, South Carolina (“the Board”), may enter an agreement whereby the Board would “lease to buy” a new fire station constructed by a private entity.

Requested by: Chairman Mike J. Spencer, Jr., Fire Control Board of Carlisle, S.C.

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November 15, 2011

Opinion asking whether an individual, who is currently the Director of both the Union County Airport Commission and the Union County Stadium Commission, may be appointed by the Union County Council to serve on the Board of Directors for the Union County Commission on Alcohol and Drug Abuse without violating the State’s prohibition on dual office holding.

Requested by: Chrissy Mobley, Executive Director, Union County Commission on Alcohol and Drug Abuse

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November 7, 2011

Opinion concerning “[u]nder what authority, if any, does a county council have the authority to enact an ordinance requiring elected officials residing in that county, including the county legislative delegation, to submit to a drug screen as a condition for holding office?”

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

October 21, 2011

Opinion regarding county veterans’ affairs officers. Specifically, whether employees of a county veterans’ affairs officer are county employees, and to whom these employees are accountable.

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

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October 20, 2011

Opinion concerning liability of the South Carolina Forestry Commission (the “Commission”) in situations where the Commission sponsors or co-sponsors activities involving public participation, such as hunting events.

Requested by: Mr. Henry E. Kodama, State Forester, South Carolina Forestry Commission

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October 11, 2011

Opinion concerning the validity of municipal ordinances regulating fireworks. Specifically, whether such regulation is preempted by State law providing for the regulation of fireworks in S.C. Code §§ 23-35-10 et seq., and if the “Fireworks Prohibited Zones” established in § 23-35-175 constitute the only areas where the discharge of Fireworks can be banned.

Requested by: H. Fulton Ross, Jr., Esquire

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October 11, 2011

Opinion regarding whether a sheriff’s department may compete against private businesses for the contract to provide drug-sniffing dogs to the school districts.

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

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September 23, 2011

Opinion concerning whether the Forfeited Land Commission of Lancaster County (“the Commission”) may effect a sale of real property pursuant to section 12-59-40 of the South Carolina Code for the Amount of the taxes due, without including in the sale price the amounts due to certain assessments and fees.

Requested by: The Honorable Cheryl H. Morgan, Lancaster County Auditor and The Honorable Carrie W. Helms, Lancaster County Treasurer

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September 23, 2011

Opinion regarding a conflict of interest. Specifically, whether seeking appointment for the open position on the Spartanburg County Commission for Technical and Community Education, while “currently employed as Director of Nursing for Fortis College in Columbia” which is a “for-profit institution” and is “in direct competition with Spartanburg Community College in that both institutions compete for nursing students.”

Requested by: The Honorable Edward R. Tallon, Sr., SC House of Representatives

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September 12, 2011

Opinion concerning what steps Florence County Council Chairman Rusty Smith should take in order to “distance himself” from the selection process of seeking selection as the Florence County Administrator.

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

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September 7, 2011

Opinion asking whether the Greenville Legislative Delegation must “use the weighted vote of the entire Delegation, or may we use the weighted vote of a quorum, present and voting, to determine the outcome of a motion.”

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

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August 29, 2011

Opinion concerning the validity of a county or municipal ordinance permitting animal shelters to dispose of unclaimed animals after they have been impounded for only three days, which you note is less than the five day statutory holding period set forth in S.C. Code Ann. § 47-3-60(b).

Requested by: The Honorable David A. Hogue, Mayor, Town of Blacksburg

Read full opinion

 

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Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

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

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