Posts Tagged ‘Counties’

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

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August 25, 2011

Opinion regarding ad valorem property taxes in Sumter County. Specifically, you indicate that Sumter County might have failed to reassess certain property within the county, and you question whether such failure complies with state law.

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

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August 24, 2011

Opinion inquiring whether the City of Barnwell’s proposed ordinance imposing a “public safety fee” upon each parcel of real property within the corporate limits of the City of Barnwell.

Requested by: Thomas M. Boulware, Esquire

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August 24, 2011

Opinion concerning one’s ability to file a Notice of Non-Acceptance of Deed of Conveyance. Specifically, whether “the grantee [must] accept the property conveyed or [may he or she] file a Notice of Non-Acceptance of Deed of Conveyance.”

Requested by: The Honorable Anna K. Davidson, Register of Deeds, Oconee County

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August 24, 2011

Opinion concerning the Planning Commission’s role in reviewing public school projects. Specifically, you asked “whether a school district must submit [its] plan to construct a school to the Planning Commission after they have been approved to move forward.

Requested by: Amelia R. Linder, Esquire

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August 16, 2011

Opinion asking (1) whether a person must pursue a cause of action in a specific magistrate court within that person’s district or can the person elect to file in another district, and (2) does a magistrate court have jurisdiction to hear cases for violations of the Fair Credit Reporting Act, Fair Debt Collections Practices Act and Defamation of Character?

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

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August 16, 2011

Opinion concerning a provision in the recently enacted legislation, H.3003, or commonly known as the “Photo ID” or “Voter ID” legislation.

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

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August 10, 2011

Opinion concerning the enforcement of a county ordinance within an incorporated municipality.

Requested by: Marvin C. Jones, Esquire

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August 8, 2011

Opinion questioning whether the Jenkinsville Water Company is a public body for purposes of the Freedom of Information Act and is subject to the Act’s disclosure requirements.

Requested by: The Honorable Creighton B. Coleman, Senator, District No. 17

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August 5, 2011

Opinion concerning whether the State Election Commission has the authority to contract with the vendor that is developing the new statewide voter registration system for the purpose of marketing the system to other states.

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

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August 3, 2011

Opinion on behalf of the Town of Williamston South Carolina concerning health benefits available to the Town’s council members. Specifically, an opinion setting forth the proper procedure to use in this and other situations wherein Councilpersons who desire to receive health coverage under the South Carolina Employee Insurance Program may obtain such coverage without violation of 1976 South Carolina of Law Section 5-7-170.

Requested by: Richard E. Thompson, Esquire

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July 29, 2011

Opinion regarding the operation of the animal shelter for Chesterfield County.

Requested by: The Honorable Sam Parker, Chesterfield County Sheriff

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July 20, 2011

Opinion regarding appeals of real property values.

Requested by: The Honorable Wayne Welch, Dorchester County Assessor

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July 19, 2011

Opinion concerning dual office holding. Specifically, whether it would be allowed for an individual who has been appointed by the Marion County Council to serve on the county planning commission to also be selected by the Marion County Board of Education to serve on the local school board for the Marion County School District 2 Board.”

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

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July 1, 2011

Opinion questioning whether one who has been unable to work and is presently drawing 100% disability from the Veterans Administration would be eligible to be appointed as the Spartanburg County Veterans Affairs Officer.

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

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July 1, 2011

Opinion questioning whether “a member of the Oconee County School Board, as a holder of an office of honor and profit, [can] also serve as a member of the Oconee County Parks, Recreation and Tourism Commission, as established by Oconee County Ordinance 2011-12.”

Requested by: Thomas Martin, Esquire

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June 28, 2011

Opinion concerning millage rate calculations during a reassessment year in Beaufort County and Jasper County. More specifically, questioning what role the rollback provisions in sections 6-1-320(A) and 12-37-251(E) of the South Carolina will play under these circumstances.

Requested by: Ladson F. Howell, Esquire and Marvin C. Jones, Esquire

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June 27, 2011

Opinion concerning the authority of the State Election Commission (SEC) to enter into a contract with the political parties for the purposes of conduction the 2012 Presidential Preference Primaries.

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

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June 23, 2011

Opinion concerning two provisos recently adopted as a part of the Appropriations Act by the Conference Committee. Specifically, seeking clarification and guidance concerning the authority to conduct the 2012 Presidential Preference Primaries (PPP).

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

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June 21, 2011

Opinion questioning whether pursuant to South Carolina’s Freedom of Information Act (“FOIA”), S.C. Code Ann. §§ 30-4-10 et seq., are inmates’ personal telephone calls subject to disclosure; and…. , is security footage from a jail’s booking area and/or other areas within a jail subject to disclosure.

Requested by: Larry W. Powers, Director, Spartanburg County Detention Facility

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June 15, 2011

Opinion regarding the authority of a municipality to substitute a local ordinance summons in lieu of issuing a uniform traffic ticket for a speeding violation.

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

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June 10, 2011

Opinion as to when the new salary base of magistrates in Aiken County, which is based upon the official United States Census, will take effect.

Requested by: The Honorable Rodger E. Edmonds, Chief Summary Court Judge

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May 31, 2011

Opinion concerning whether “service on the board of the [Myrtle Beach Regional Economic Development Corporation], and its executive committee, while Chairman of Horry County Council would constitute prohibited dual office holding.”

Requested by: The Honorable H. Tom Rice, Jr., Chairman, Horry County Council

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May 25, 2011

Opinion concerning Standards of Judicial Conduct. Specifically, whether a magistrate judge can serve in the same county in which the judge’s spouse is employed by the Solicitor.

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

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May 20, 2011

Opinion regarding a student in your school district who resides with her parents in an established residence, but who also owns property with tax-assessed value of at least three hundred dollars located in a different school attendance zone within your school district. Specifically, whether “the student must attend the school located in the attendance zone of her established residence, or could she attend the school in the other attendance zone if they agree to pay the required tuition?”

Requested by: James N. Epps, Jr., Ph.D., Superintendent, Fort Mill School District 4 of York County

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May 19, 2011

Opinion regarding dual office holding. Specifically, whether a person may hold the office of Chief of Police of a municipality in Dillon County and also serve as a member of the Dillon County School Board.

Requested by: The Honorable Jackie E. Hayes, SC House of Representatives

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May 18, 2011

Opinion concerning county fire service contracts. In short, asking, “with whom [may Aiken County] contract to provide fire protection service in a certain portion of the county?”

Requested by: W. Lawrence Brown, Aiken County Attorney

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May 17, 2011

Opinion regarding an interpretation of S.C. Code Ann. § 12-37-2270, which addresses a corporation’s forfeiture of its charter as a result of failure to pay taxes. Specifically, asking whether S.C. Code Ann. § 12-37-2270 applies to ad valorem county taxes and whether this Office would bring an action against a corporation for the non-payment of a county tax.

Requested by: Sharon H. West, Auditor, Office of Spartanburg County Auditor

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May 6, 2011

Opinion concerning the ability of the Marion County Library Board of Trustees (“the Board”) to “sponsor a single issue voter referendum on raising property taxes to expend and renovate [its] three county library facilities.”

Requested by: Randy Floyd, Vice Chairman, Marion County Library Board of Trustees

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May 5, 2011

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

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

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April 29, 2011

Opinion as to a county council’s use of its budgetary authority to control the service provided by an elected official.

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

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April 20, 2011

Opinion regarding the minimum level of law enforcement services provided in the Town of Pendleton, a municipality in Anderson County.

Requested by: Daniel L. Draisen, Esquire

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April 15, 2011

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

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

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April 13, 2011

Opinion questioning whether or not the statute and zoning ordinance “stays consideration of the extension request pending before the Planning Commission prior to a decision of the appeal pending before the Board of Zoning Appeals.”

Requested by: Kim Thomas, Chairman, Jasper County Planning Commission

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April 11, 2011

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

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

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April 8, 2011

Opinion regarding property tax liability for boats present in this State less than one-hundred-eighty (180) days.

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

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April 7, 2011

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

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

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March 31, 2011

Opinion asking whether it would “be a conflict of interest for [you] to continue as the County Registration/Elections Director and a member of the [Greenville-Spartanburg] GSP Commission,” should you be nominated by the County’s Legislative Delegation and appointed by the Governor.

Requested by: Henry M. Laye, III, Director, Spartanburg County Voter Registration & Elections

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March 30, 2011

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

Requested by: Captain Daniel Watson, Darlington City Police

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March 29, 2011

Opinion inquiring whether you may simultaneously serve as a town or county council member without jeopardizing your constable commission.

Requested by: Mr. Cecil W. Rorie

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March 23, 2011

Opinion concerning dual office holding. Specifically, your letter states that you currently serve as the Bamberg County Emergency Services Director and running for the Commissioner for the City of Bamberg Board of Public Works.

Requested by: Ms. Sharon Hammond, Director, Bamberg County Emergency Services

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March 18, 2011

Opinion on behalf of the Gilbert-Summit Rural Water District (the “District”) concerning language contained in a proposed Engineer-On-Call Service Agreement (the “Contract”).

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

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March 16, 2011

Opinion concerning obligations of the Lancaster County Sheriff’s Office regarding an arrest on private property by a private security agency.

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Requested by: Thomas W. Holland, Sr., Esquire

March 15, 2011

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

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

March 1, 2011

follow-up opinion questioning whether the Legislature possesses authority to “overrule” or alter the Supreme Court’s decision in Focus on Beaufort County on Behalf of Certain Registered Voters of Beaufort County v. Beaufort County, 318 U.S. 227, 456 S.E.2d 910 (1995).

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

February 23, 2011

Opinion questioning the authority of the Coroner, Fire Chief and law enforcement during an investigation.

Requested by: The Honorable Richard Carter, Chief Deputy Coroner, Colleton County

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February 18, 2011

Opinion concerning the road maintenance fee (the “Fee”) adopted by Florence County.

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

February 18, 2011

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

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Requested by: W. Lawrence Brown, Esquire

February 8, 2011

Opinion concerning Sunday sales of alcoholic beverages.

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Requested by: John B. Williams, Town Attorney for St. Stephen, SC

February 3, 2011

Opinion concerning the Jasper County Board of Zoning Appeals.

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Requested by: Marvin C. Jones, Esquire

January 25, 2011

Opinion concerning dual office holding. Specifically, “whether the duly elected Kershaw County Treasurer and Delinquent Tax Collector may concurrently serve as the interim Kershaw County Administrator without violating the dual office holding prohibition of the State constitution or other applicable laws.”

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Requested by: Stephen D. Vincent, Kershaw County Treasurer and Delinquent Tax Collector

December 15, 2010

Opinion concerning the registration and taxation of motor vehicles operate in South Carolina but owned by a nonresident.

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

December 7, 2010

Opinion reviewing prior opinion dated March 5, 2009 dealing with the regulation of concealed weapons in a county park.

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

November 9, 2010

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

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

November 4, 2010

Opinion questioning the interpretation of a provision contained in Senate Bill 442. Specifically, “does the bill give county school boards the authority to allow the area advisory councils to hear cases pertaining to students in their school district.”

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

November 1, 2010

Opinion referencing Act No. 320 of 2010 which authorizes the Board of Fire Control to adopt certain rules and regulations. Specifically, regarding writing citations on a county or municipal summons and law enforcement authority.

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Requested by: Jeff Allen, Arson Investigator, Irmo Fire District

October 26, 2010

Opinion regarding the legality to the millage rates imposed by the Holly Springs Fire District Commission (the “Commission”) in 2009. Specifically, questioning whether or not keeping the millage at the 2008 rate is permissible under section 6-1-320.

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Requested by: The Honorable Lee Bright, Member, SC Senate

October 25, 2010

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

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

October 18, 2010

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

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

October 14, 2010

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

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

October 7, 2010

Opinion questioning the appropriate recording fee for a “certificate of trust” or a “memorandum of trust” pursuant to S.C. Code § 8-21-310.

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Requested by: Ballery V. Skipper, Director, Horry County Register of Deeds

September 3, 2010

Opinion concerning dual office holding. Specifically, whether “a member of Gaffney’s Board of Zoning Appeals” can serve on “the Cherokee County School Board.”

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Requested by: Mr. James R. Taylor, City Administrator

September 15, 2010

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

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

September 13, 2010

Opinion concerning public schools buses on private roads.

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Requested by: Thomas W. Holland, Sr., Esquire

September 10, 2010

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

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Requested by: Kenneth E. Gaines, Esquire

August 30, 2010

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

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Requested by: A. Glenn Greene, Esquire

August 30, 2010

Opinion concerning associate probate judges. Specifically, whether it is “permissible for Judge Hocker to continue his judicial duties as Associate Probate Judge for Laurens County and to serve as Associate Probate Judge in another county.”

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Requested by: A. Cruickshanks, IV, Esquire

August 25, 2010

Opinion as to the coverages that may be available pursuant to S.C. Code Ann. §§ 42-7-10 et seq., the State Accident Fund, to College of Charleston EMS student volunteers who are injured while performing services for the College’s Emergency Medical Services.

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Requested by: Thomas A. Trimboli, Senior Vice President for Legal Affairs, College of Charleston

August 5, 2010

Opinion concerning Cherokee County’s (the “County’s”) use of sales and use tax proceeds collected pursuant to the Cherokee County School Bond-Property Tax Relief Act.

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Requested by: The Honorable Jackie W. Williams, Cherokee County Treasurer

August 4, 2010

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

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

August 2, 2010

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

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

July 19, 2010

Opinion questioning whether copies of arrest warrants and incident reports maintained at the Spartanburg County Detention Center must be made available for walk-in inspection by the media.

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Requested by: William McBee Smith, Esquire

July 7, 2010

Opinion concerning circumvention of the board’s decision and the legality thereof. Specifically, whether or not “it is correct and legal for other persons or entities to disregard a decision reached by the Appeals Board without pursuing proper channels before the Administrative Law Judge.”

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Requested by: John Brock, Chairman, Oconee Board of Assessment Appeals

July 1, 2010

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

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Requested by: Larry C. Smith, Esquire

June 28, 2010

Opinion regarding the use of a municipal summons to enforce its code provisions regarding nuisances within Florence. Specifically, questioning whether or not constables meet the requirement that the summons be served by a law enforcement officer having such jurisdiction.

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Requested by: James W. Peterson, Jr., Esquire, Florence City Attorney

June 25, 2010

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

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

June 10, 2010

Opinion concerning section 6-1-730 of the South Carolina Code. Specifically “as to whether Clarendon County can utilize a portion of it collected local hospitality tax for the operations and maintenance of its newly renovated tourism facility pursuant to §6-1-730, S.C. Code of Laws 1976, as amended, more specifically §6-1-730(B)(2), S.C. Code of Laws, as amended.”

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Requested by: David W. Epperson, Esquire

June 9, 2010

Opinion concerning “how fair market value is calculated for real estate under the jurisdiction of the county assessors.”

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

June 3, 2010

Opinion regarding amending the language on the back of the State uniform traffic ticket.

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Requested by: Mark A. Keel, Director, SC Department of Public Safety

May 25, 2010

Opinion concerning extending the terms of Board of Trustees.

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

May 25, 2010

Opinion concerning the Rural Fire Board entering into the executive session

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Requested by: Domenic Manera, Fire Chief, York Fire Department

May 19, 2010

Opinion concerning the creation of an “overlay zone” related to residential housing which is more restrictive than the overall county ordinance and limits the number of residents staying overnight in a particular home.

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Requested by: Timothy E. Meacham, University Counsel, Coastal Carolina University

May 7, 2010

Opinion questioning “whether it is permissible under that state laws and regulations for one of our employees, a Senior Manager for Quality, Training and Policy with the State Agency of South Carolina Vocational Rehabilitation Department-Disability Determination Services (DDS), to simultaneously serve on the Calhoun County Disability and Special Needs (DSN) Board.”

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Requested by: John E. Batten, IV, General Counsel, S.C. Vocational Rehabilitation Departmen

May 3, 2010

Opinion questioning the procedure to replace the sheriff after resigning following an indictment to federal drug charges.

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Requested by: The Honorable Grady A. Brown, Member, House of Representatives

April 27, 2010

Opinion concerning who is responsible for the upkeep and maintenance of roads and culverts in a subdivision. 

Requested by The Honorable Creighton B. Coleman, Member, South Carolina Senate.

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April 22, 2010

Opinion concerning Aiken County’s Local Option Sales Tax Referendum. Specifically, whether “the local government can include infrastructure improvements to the Cumbee Center, a center for domestically abused women, on the next ballot.”

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

April 15, 2010

Opinion regarding arrests where the warrant has been entered into the NCIC system and a surrounding agency encounters the suspect and makes the arrest based upon the NCIC hit information.

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

April 9, 2010

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

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Requested by: Kenneth E. Gaines, Esquire

March 26, 2010

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

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

March 17, 2010

Opinion concerning Owner-Occupied Residential Property Located in a Multicounty Park.

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

March 17, 2010

pinion as to our interpretation of section 59-3-100 of the South Carolina Code (Supp. 2009), specifying the method of allocation of the proceeds received from Qualified School Construction Bonds.

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Requested by: The Honorable Jim Rex, Superintendent of Education, South Carolina Department of Education

March 16, 2010

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

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

March 16, 2010

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

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

March 12, 2010

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

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Requested by: Danny C. Crowe, Esquire

March 1, 2010

Opinion concerning “whether real property anticipated to be used for residential purposes can be placed into a joint county industrial and business park (a ‘Multi-County Business Park’) created pursuant to Section 13 of Article VIII of the Constitution of the State of South Carolina, as implemented by Section 4-1-170, et seq., Code of Laws of South Carolina, 1976, as amended (the ‘Joint County Industrial and Business Park Act’).”

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Requested by: Thomas L. Martin, Esquire

February 24, 2010

Opinion on whether Richland County has the authority to require a development site review on all of Richland County School District Two’s facilities and to also assess a per square foot fee for this review.

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Requested by: Stephen W. Hefner, Ed.D., Superintendent, Richland School District Two; and Larry C. Smith, Esquire

February 24, 2010

Opinion on the constitutionality of Section 12-37-670.

Requested by R. Brent Thompkins and Paul W. Dillingham, Esquires, Spencer & Spencer, P.A.

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February 16, 2010

Opinion questioning whether an Act such as Act No. 155 of 2007, defines the lines of Sumter County School Districts 2 and 17 for tax, attendance and election purposes.

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

February 3, 2010

Opinion questioning as to “whether or not Richland County can enforce its zoning regulations related to forestry activities on forestland.”

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Requested by: Amelia R. Linder, Esquire

February 1, 2010

Opinion questioning whether a private security guard has jurisdiction to direct traffic on a public roadway.

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Requested by: Jamie P. Ham, Chief of Police, Blacksburg Police Department

January 11, 2010

Opinion as to whether a restriction on the use of county funds for public works to municipalities in the county with populations under 5000 persons is constitutionally permissible.

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Requested by: Bonum S. Wilson, III, Esquire

January 11, 2010

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

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

December 21, 2009

Opinion concerning section 48-23-260 of the South Carolina Code. Specifically, what is meant by “general school purposes?”
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Requested by: Marvin C. Jones, Esquire

December 16, 2009

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

December 15, 2009

Opinion questioning the legality of a School Board enacting a policy that prohibits concealed weapon permit holders from entering or parking on school property with a weapon locked securely in the trunk or glove box of their vehicle.
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Requested by: The Honorable Thad Viers, Member, House of Representatives

December 15, 2009

Opinion questioning whether the Fourteenth Judicial Circuit Public Defender is required to provide indigent defense services to defendants charged with misdemeanors tried in the Hilton Head Municipal Court.
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Requested by: Brian E. Hulbert, Esquire

December 2, 2009

Opinion concerning what a person or entity has the authority “to impose sanctions for misbehavior and poor performance in office by the veterans’ affairs officer.”
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Requested by: Jonathan W. Bryan, Esquire

November 12, 2009

Opinion as to whether one-percent money can be used by local fire departments to fund participant directed 401(a) or 457 retirement plans.
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Requested by: The Honorable David L. Thomas, Member, SC Senate

October 9, 2009

Opinion questioning whether summary court judges and their staff, who are required by law to notify victims of hearings, would be required to be certified as “victim service providers.”
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Requested by: Rosalyn W. Frierson, Director, South Carolina Court Administration

October 27, 2009

Opinion concerning the millage levied in Richland County for the benefit of Richland School District Two. Specifically, whether Richland County Council has “the legal authority to set a millage rate that exceeds the millage cap….”
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Requested by: The Honorable Paul Brawley, Richland County Auditor; Larry C. Smith, Esquire; and Melinda Anderson, Chair, Richland School District Two Board of Trustees

October 14, 2009

Opinion concerning “the apparent conflicting statutory provisions applicable to the [Broad Creek Public Service District] set forth in Sections 6-1-320 and 6-11-271 of the South Carolina Code of Laws, as amended.”
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Requested by: Marshall N. Katz, Chairman, Broad Creek Public Services District

October 9, 2009

Opinion questioning whether membership on the Sumter County Development Board constitutes an office for purposes of the dual office holding provisions of the State Constitution.
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Requested by: The Honorable G. Murrell Smith, Member, House of Representatives

October 7, 2009

Opinion concerning the operation of the Town of Six Mile’s Volunteer Fire Department.
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Requested by: The Honorable John Wade, Mayor, Town of Six Mile

October 6, 2009

Opinion “as to the oversight and accountability of a certain local tax levy that we have in” the City of Union.
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Requested by: William E. Whitney, Esquire

September 24, 2009

Opinion regarding S.C. Code Ann § 12-43-224 and the expiration of the time period set forth by the assessor under this section.
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Requested by: David W. Epperson, Esquire

September 14, 2009

Opinion questioning regarding the impact joint resolution recently passed by the Legislature on previous legislation enabling Cherokee County School District 1 to issue bonds to fund specified improvements.
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Requested by: The Honorable Dennis Carroll Moss, Member, House of Representatives

September 10, 2009

Opinion questioning whether the State Commission for the Blind is required to receive the first option of placing vending machines on county-owned property where the county does not issue permits for such machines.
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Requested by: Michael S. Pitts, Esquire

September 10, 2009

Opinion regarding Anderson County’s authority to establish and fund an animal shelter for the purposes of impounding, caring for, adopting and euthanizing animals other than dogs and cats.
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Requested by: Michael S. Pitts, Esquire

September 1, 2009

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

August 27, 2009

Opinion concerning vehicle registration and legal residence tax status.
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Requested by: The Honorable Dennis Carroll Moss, Member, House of Representatives

August 25, 2009

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

August 25, 2009

Opinion referencing S.C. Code Ann. § 23-23-20. Specifically, is “the training facility” wherever I or the Law Enforcement Training Council deem it to be for particular classes, whether at the Academy building in Columbia, or in another building in the field.
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Requested by: Hubert F. Harrell, Director, South Carolina Criminal Justice Academy

August 19, 2009

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

August 4, 2009

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

July 21, 2009

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

July 24, 2009

Opinion regarding the impact of a part-time magistrate who was suspended but has had the suspension lifted as to the status of the remaining magistrates in Greenwood County.
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Requested by: The Honorable Bart S. McGuire, Chief Magistrate, Greenwood County

July 22, 2009

Opinion questioning whether Anderson County may contractually require a contractor from entering into a services contract with the county covered by S.C. Code Ann. §8-14-20, a provision of this State’s Illegal Immigration Reform Act, Act No. 280 of 2008, to use the federal work authorization program (E-Verify Program) as the sole means of establishing compliance with that section.
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Requested by: Michael S. Pitts, Esquire

July 22, 2009

Opinion questioning whether municipal police officers who have no municipal court in which to prosecute their cases can bring such cases before any magistrate within their county even if the magistrate’s office does not lie within their municipal limits.
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Requested by: The Honorable Blake A. Norton, Chief Magistrate, Oconee County

July 13, 2009

Opinion questioning whether as Register of Deeds may legally accept credit cards as payment for recording fees and taxes.
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Requested by: The Honorable Timothy L. Nanney, Register of Deeds, County of Greenville

July 10, 2009

Opinion questioning to what extent, if any, does the County remain involved or responsible if an agreement is made pursuant to Section 47-3-480(A)(2)?
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Requested by: Joseph L. Mathis, Esquire

July 10, 2009

Opinion regarding the burial of the bodies of indigent individuals.
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Requested by: G.P. Callison, Jr., Esquire

July 7, 2009

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

June 4, 2009

Opinion questioning whether an individual may be appointed to the Anderson County Election Commission if that individual already serves on the Iva Fire Department Board of Directors.
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Requested by: The Honorable Michael W. Gambrell, Member, House of Representatives

June 23, 2009

Opinion addressing the policies of procedures of the Cherokee County Animal Shelter being in compliance with the Humane Society of Cherokee County.
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Requested by: The Honorable David Hogue, Mayor, Town of Blacksburg

June 17, 2009

Opinion questioning whether there was a conflict of interest due to a member of the Dorchester County Board of Elections and Registration, taking a “leave of absence” for approximately ten months in 2008 to help his wife campaign for reelection as Dorchester County Treasurer and then resume his duties as a member of the Board where his wife was on the ballot as a candidate.
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Requested by: The Honorable Michael T. Rose, Member, SC Senate

June 12, 2009

Opinion concerning the legal residency of an individual owning property in Dorchester County for purposes of receiving the preferential four-percent assessment ratio and homestead exemption.
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Requested by: The Wayne R. Welch, Dorchester County Assessor

June 12, 2009

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

June 12, 2009

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

June 10, 2009

Opinion questioning whether a person who resides in the same county as the sitting at-large member of the State Commission of the Department of Transportation would be eligible for election as a district commissioner.
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Requested by: Linda McDonald, Chief Counsel, South Carolina Department of Transportation

June 10, 2009

Opinion regarding S. 796, a local legislation bill filed by Senator Coleman, directing that the Fairfield County Treasurer transfer funds from Fairfield County to Chester County in order to defray the cost of educating Fairfield County students being educated in Chester County Schools.
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Requested by: The Honorable H. Boyd Brown, Member, House of Representatives

June 5, 2009

Opinion on dual office holding (member of McBee Town Council and the Chesterfield County Economic Development Board).

Requested by C. Heath Ruffner, Chesterfield County Attorney.

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June 4, 2009

Opinion questioning the eligibility of Dr. Thomas Rowland to continue to represent District 2 on the Board of Trustees of the Medical University of South Carolina. .
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Requested by: Joseph C. Good, Jr., General Counsel, Medical University of South Carolina

May 20, 2009

Opinion regarding the law enforcement authority of the Town of Campobello as to the areas of I-26.
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Requested by: The Honorable Glenn G. Reese, Member, SC Senate

May 12, 2009

Opinion as to “the impact of the Uniform Electronic Transaction Act of 2004 on county registration and election offices accepting voter registrations applications for absentee ballots via facsimile or email.” And if this satisfies requirements in section 7-5-155(d) of the South Carolina Code.
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Requested by: Marci Andino, Executive Director, South Carolina Election Commission

May 8, 2009

Opinion regarding the requirement of a sheriff to provide courtroom security for the court of general sessions. And if security could be contracted to a private security company….or other options outside of sworn deputy sheriffs.
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Requested by: The Honorable P.J. Tanner, Sheriff, Beaufort County

May 6, 2009

Opinion regarding Sheriff McCaskill, without the consent of the governing body of the County, “take over the operation of the Detention Center”, upon the authority of Section 24-5-10, when the Sheriff’s predecessor in office, upon approval of the Kershaw County Council, devolved “all of his powers and duties relating to the custody of the county jail and the appointment of the jailer on the governing body” of Kershaw County as provided in Section 24-5-12?
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Requested by: J. Kennedy Dubose, Jr., Esquire

May 1, 2009

Opinion regarding Lexington County requiring the Commission for the Blind to return a percentage of the profits realized by a blind manager from sales from the commissary at the Lexington County Sheriff’s Department.
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Requested by: Barbara L. Skinner, Business Enterprise Director, South Carolina Commission for the Blind

April 30, 2009

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

April 23, 2009

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

April 23, 2009

Opinion regarding a case involving Magistrate William Gilner.
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Requested by: David B. King, Chief of Police, Town of Honea Path

April 9, 2009

Opinion as to whether any “local government, city or county, under the existing South Carolina Code can levy a sales tax.”
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Requested by: The Honorable Dick Elliott, Member, SC Senate

April 1, 2009

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

March 16, 2009

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

March 9, 2009

Opinion whether a blanket bond can be provided for deputy sheriffs.
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Requested by: Jan K. Watts, Sr., Director of Risk Management/Safety Officer, Beaufort County Council

March 2, 2009

Opinion regarding the ability of the Beaufort County School District to establish an annual school calendar for teachers, staff, and students which goes beyond the statutory school term of 190 days.
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Requested by: Fred S. Washington, Jr., Chairman of the Board of Education, Beaufort County School District; and Valerie P. TruesdaleHonorable , Ph.D., Superintendent, Beaufort County School District

February 26, 2009

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

February 26, 2009

Opinion concerning section 12-37-670(A) of the South Carolina Code.
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Requested by: David W. Epperson, Esquire

February 20, 2009

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

February 17, 2009

Opinion concerning “whether there is a provision of law that would preclude a county appointed member of the Oconee County Arts and Historical Commission from also being appointed to the Oconee County Board of South Carolina Department of Disabilities and Special Needs by the Oconee County Delegation of the General Assembly”.
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Requested by: The Honorable Bill Sandifer, Member, House of Representatives

February 17, 2009

Opinion concerning “whether or not the granting of a utility easement by the county over real property which it owns should be authorized by ordinance or by resolution”.
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Requested by: Marvin C. Jones, Esquire

February 17, 2009

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

February 5, 2009

Opinion on whether the Williamston Rescue Squad would qualify as a “claimant agency” for purposes of S.C. Code Ann. Section 12-56-10.

Requested by The Honorable Michael W. Gambrell, Member, South Carolina House of Representatives.

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February 2, 2009

Opinion regarding “Allendale County Council wanting to appoint an individual to the Allendale County Aeronautics and Development Commission who is currently a member of the Denmark Technical College Board.
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Requested by: Walter H. Sanders, Jr., Esquire

February 2, 2009

Opinion regarding South Carolina Illegal Immigration Reform Act and its impact on First Steps to School Readiness (“First Steps”) and its local partnerships.
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Requested by: Susan DeVenny, Executive Director, South Carolina First Steps

January 12, 2009

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

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

January 21, 2009

Opinion regarding the authority and responsibility of the Greenwood County Coroner and the Greenwood County Sheriff to investigate and take action regarding homicides and accidental deaths occurring on Lake Greenwood.

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Requested by: The Honorable James T. Coursey, Greenwood County Coroner

January 21, 2009

Opinion concerning conflicts with other law enforcement agencies as to who has authority and/or command at various crime and traffic accident scenes.

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Requested by: Chris Guy, Chief of Police, Wellford Police Department

January 21, 2009

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

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Requested by: E. Brandon Gaskins, Deputy Chief Counsel

January 13, 2009

Opinion addressing the installation of one of the Board’s members given the situation explained in a previous letter to this Office dated November 17, 2008.

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Requested by: William F. Halligan, Esquire

January 2, 2009

Opinion concerning the forfeiture of seized gambling money.

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Requested by: The Honorable W. Glenn Campbell, Sheriff, Darlington County

December 23, 2008

Opinion regarding the Beaufort County Sheriff’s Office policy “regarding access to police reports and the Freedom of Information Act.”

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

December 18, 2008

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

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

December 8, 2008

Opinion regarding the “statutory foundation for the Greenville Council’s authority to appoint the Greenville Technical College Board of Commissioners and/or the statutory authority for a change of appointment responsibility from the Greenville County Council to the Greenville Legislative Delegation.”

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Requested by: The Honorable Mike Fair, Member, SC Senate

December 5, 2008

Opinion questioning whether a member of the Anderson County Fire Protection Commission may also serve as a member of the Anderson County Council.

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Requested by: Chief Billy Gibson, Anderson County Fire Protection Commission

December 3, 2008

Opinion regarding the imposition of sewer fees by a county on county residents who do not receive sewer service.

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

December 2, 2008

Opinion concerning implementation of the new state building code by municipalities and counties in South Carolina.

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

December 2, 2008

Opinion concerning the interpretation of section 56-7-80 which provides for a county or municipal ordinance summons to be used for the enforcement of county aid and municipal ordinances.

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Requested by: Bradley T. Farrar, Esquire

November 7, 2008

Opinion concerning the organization and authority of the Richland County Recreational District (‘the District”). Specifically, management of day-to-day operations and the responsibility of providing supplies and equipment.

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

November 5, 2008

Opinion regarding the closure of a potion of Lewis Drive in Anderson County.

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Requested by: The Honorable William H. O’Dell, Member, SC Senate

November 4, 2008

Opinion concerning Richland County’s (the “County’s”) ability to use hospitality tax revenue to fund a transit system in the County.

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Requested by: Larry C. Smith, Esquire

October 28, 2008

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

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Requested by: A. Sandy Cruickshanks IV, Esquire

October 27, 2008

Opinion questioning whether magistrates who do National Guard or Army Reserves duty and training for a consecutive period of four to ten weeks, still draw full-time pay while they are absent from work.

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

October 23, 2008

Opinion questioning as to “whether or not to count an absentee ballot cast by a voter who died after submitting the ballot.”

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

October 16, 2008

Opinion questioning whether a county board of registration is authorized to establish places other than the office of the county board of registration at which absentee ballots may be cast prior to the date of the general election.

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Requested by: James M. Holly, Esquire

October 8, 2008

Opinion concerning “the impact of S.C. Code Ann. §§ 6-11-273 and 6-11-275 on the ad valorem property tax millage rate levied by the Slater-Marietta Fire District.”

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Requested by: The Honorable Lewis R. Vaughn, Member, SC Senate

September 25, 2008

Opinion concerning “the appropriateness of methodology utilized in the County to calculate the incremental increase tax revenue (‘TIF Revenue’) generated within a tax increment financing district established by the Town ordinance.

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Requested by: Francenia B. Heizer, Esquire

September 23, 2008

Opinion regarding transporting private school students on state-owned buses from Edisto Beach to Walterboro along with public school students who are transported daily along that route.

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Requested by: The Honorable Jim Rex, Superintendent of Education

September 22, 2008

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

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Requested by: Marvin C. Jones, Esquire

September 19, 2008

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

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

September 15, 2008

Opinion regarding the interpretation of S.C. Code Ann. § 23-11-110 which deals in part with the years of experience that an individual must have in order to offer his candidacy for the office of sheriff.

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

September 12, 2008

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

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

July 31, 2008

Opinion regarding the amendment to S.C. Code Ann. § 22-5-110 as set forth in Act No. 346 of 2008 (Courtesy Summons).

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Requested by: Robert L. McCurdy, Esquire

July 28, 2008

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

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

July 11, 2008

Opinion concerning Horry County’s (the County’s) position that the director of the Horry County Library System must report to both the Library Board of Trustees (the “Board”) and the Division Director of Administration for the County.

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

July 9, 2008

Opinion regarding the Forfeited Land Commission in Chester County and Title 12 of the South Carolina Code provisions.

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Requested by: Joan Elizabeth Winters, Esquire

June 25, 2008

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

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Requested by: Thomas L. Martin, Esquire

June 24, 2008

Opinion concerning the enforceability of Dorchester County Ordinance 89-10 entitled “Regulation of Nuisance” and Ordinance 99-02 entitled “Littering” where not all areas of the county are zoned.

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Requested by: The Honorable Annette D. Young, Member, House of Representatives

June 13, 2008

Opinion concerning the removal of a county veterans affairs officer from office.

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

June 11, 2008

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

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Requested by: Brian T. Grier, Esquire

June 5, 2008

Opinion concerning the interpretation of the term “resident freeholders” as used in section 5-3-280 of the South Carolina Code. Specifically, whether this term includes illegal aliens owning property in a district.

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

June 5, 2008

Opinion concerning the correct nominating and election procedure to be utilized due to the death of unopposed Republican nominee for Coroner of Newberry County Mr. Tommy Hedgepath.

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Requested by: The Honorable Walton J. McLeod, Member, House of Representatives

May 30, 2008

Opinion regarding the authority of the Commissioners of Public Works of the City of Greenwood (the “CPW”) to transfer property.

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Requested by: W. Lee Roper, Esquire

May 30, 2008

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

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

May 30, 2008

Opinion concerning the State’s “blue laws”, S.C. Code Ann. § 53-1-5 et seq., and the sale for off premises consumption of beer and wine at permitted locations twenty-four hour a day authorized pursuant to S.C. Code Ann. § 61-4-510(A).

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Requested by: Jeff M. Anderson, Esquire

May 23, 2008

Opinion concerning R.D. Anderson Applied Technology Center ( “R.D. Anderson”); specifically, several questioning dealing the with the Board’s ability to finance the capital improvements.

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Requested by: Sherri Yarborough, Director and Melba Banton, Chairperson of the Board, R.D. Anderson Applied Technology Center

May 21, 2008

Opinion concerning local option sales taxes. Specifically, whether “Richland County can add another one-cent sales tax for a special purpose?”.

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

May 7, 2008

Opinion concerning the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the rights of the police to disclosed information of a patient and/or patron.

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Requested by: Lance C. Crowe, Chief of Police, Travelers Rest Police Department

May 6, 2008

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

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

April 21, 2008

Opinion concerning the one-cent local option sales tax statute. Specifically, to clarify “whether the current statute permits voters in a single county to put both one-penny local option sales taxes in place.”

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Requested by: The Honorable Ted Pitts, Member, House of Representatives

April 17, 2008

Opinion questioning whether a certified deputy officer can operate a business with his wife as a citizen which provides drug sweeps of schools and business using his own personal drug sniffing dog.

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

April 7, 2008

Opinion regarding the special tax district created in Savannah Lakes Village (“SVP”) by McCormick County Ordinance.

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Requested by: G.P. Callison, Jr., Esquire

April 7, 2008

Opinion regarding the special tax district created in Savannah Lakes Village (“SLV”) by McCormick County Ordinance.

 

Requested by G.P. Callison, Jr., Esquire.

 

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April 4, 2008

Opinion questioning “whether an internal auditor for Anderson County, which operates under the council/administrator form of government, may be employed by and supervised by Anderson County Council, directly, or whether such internal auditor must be under the direction and control of the Anderson County Administrator.”

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Requested by: Thomas L. Martin, Esquire

April 2, 2008

Opinion regarding the “qualification of a school board trustee who has been adjudicated as failing to comply with specific provisions of the South Carolina Ethics Act.”

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Requested by: The Honorable Alvin Maynor, Chairman, Bamberg School District Two Board of Trustees

March 31, 2008

Opinion regarding 1) what determines an individuals place of legal residence; and 2) when an individual files to run for a Board seat in a particular congressional district or judicial circuit, whether the individual has to be a resident in the district or circuit at that time or whether he can move into the area once elected .

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Requested by: The Honorable Olin R. Phillips, Chairman, Committee to Screen Candidates for the Board of Trustees of State Colleges and Universities

March 19, 2008

Opinion concerning who has the authority to enforce S.C. Code Ann. 7-9-50.

Requested by: Chris Whitmire, Public Information Officer, South Carolina State Election Commission

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March 10, 2008

Opinion questioning the validity of a fee used to pay for fire and rescue protection in Allendale County, as it applies to all real property and the position has been taken that an acre is not a valid indicator of the users of the fee being collected.

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

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March 6, 2008

Opinion questioning whether a Barnwell County salaried employee can also legally serve as clerk of court.

Requested by: Debra Fickling, Barnwell County

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March 6, 2008

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

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March 4, 2008

Opinion on Section 7-13-15 of the South Carolina Code.

Requested by Mr. Michael Young, Director of Registration & Elections, Florence County Voter Registration and Elections Commission.

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February 26, 2008

Opinion regarding Allendale County wanting to require CSX Railroad to open the Boogaloo Railroad Crossing north of Sycamore in Allendale County.

Requested by: Walter H. Sanders, Jr., Esquire

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February 20, 2008

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

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

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February 4, 2008

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

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

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January 18, 2008

Opinion questioning the legality of serving as chairman of the Dillon County Democratic Party and holding a seat on the Dillon County Council.

Requested by: James E. Moultrie

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January 16, 2008

Opinion questioning the applicability of S.C. Code Ann. 15-3-530 which establishes the statute of limitations to the Treasurer’s office responsibility for receiving court assessments pursuant to S.C. Code Ann. 14-1-206 through 14-1-208.

Requested by: The Honorable Converse A. Chellis III, Treasurer, State of South Carolina

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January 15, 2008

Opinion questioning the authority of the Greenwood County Sheriffs’ office enacting county ordinances.

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

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January 11, 2008

Opinion regarding, determination of domicile for voter registration purposes.

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

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January 10, 2008

Opinion questioning the legality of actions taken by the cities of Welford and Duncan in collecting business license fees from members of the State towing and recovery association.

Requested by: The Honorable Robert W. Hayes, Jr., Member, SC Senate

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December 20, 2007

Opinion questioning whether Spartanburg County animal control officers are authorized to issue a county summons to charge a violator for a violation of State law.

Requested by: Don H. Arnold, Director, Spartanburg County Environmental Enforcement Department

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December 20, 2007

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

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

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December 17, 2007

Opinion concerning whether a technology center employee may serve on the board of trustees for a school district that governs the technology center.

Requested by: Kenneth E. Darr, Jr., Esquire

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December 13, 2007

Opinion concerning custodial right to public documents in Chester County when the county does not have an office of mesne conveyances.

Requested by: Joan Elizabeth Winters, Esquire

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December 12, 2007

Opinion relating to a local jail’s responsibility related to the surrender of a defendant into its custody by a bail bondsman and S.C. Code section 38-53-50.

Requested by: Larry W. Powers, Jail Director, Spartanburg County Detention Facility.

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December 5, 2007

Opinion concerning the legality of a Town of Summerville sign ordinance. Specifically “Can the Town enforce the sign ordinance for those signs placed in our corporate boundaries, but within county or state rights-of-way?”

Requested by: Dennis Pieper, Summerville Town Administrator

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December 3, 2007

Review of opinion dated October 9, 2007 which dealt with S.C. Code annotated section 56-5-1538. Whether such provisions apply to a traffic stop with only law enforcement vehicles present and no emergency crews or vehicles present.

Requested by: The Honorable G.T. Ferguson, Magistrate, Abbeville County

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November 27, 2007

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

Requested by: The Honorable Mike Fair, SC Senate

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November 27, 2007

Opinion concerning whether a member of the City of Mauldin Planning Commission (the “Planning Commission”) may also serve on the Mauldin Cultural Center Board (the “Board”).

Requested by: Mr. Raymond C. Eubanks, III, City Administrator City of Mauldin

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November 27, 2007

Opinion concerning the interpretation of the term, “school operating millage”, as used in sections 12-37-251 and 11-11-156 of the South Carolina Code.

Requested by: The Honorable James G. Fickling, Barnwell County Auditor

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November 14, 2007

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

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

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November 9, 2007

Opinion on the interpretation of Act 602 of 1992 concerning the determination of the annual budget and tax millage for the School District of Greenville County (“the District”).

Requested by: The Honorable Mike Fair, SC Senate

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October 26, 2007

Opinion questioning whether grant funds (e.g. from the State or Federal government) that are provided to counties or sheriff’s departments for the purpose of hiring new or special deputies, for example, considered a part of a sheriff’s budget, and when receiving grant funding is the county required to pick up where the grant ended.

Requested by: Bradley T. Farrar, Esquire

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October 24, 2007

Opinion questioning whether S.C. Code Ann. Section 50-3-310, amended in 1998, supersedes grievance rights for state employees.

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

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October 22, 2007

Opinion concerning the South Carolina Local Government Planning Enabling Act of 1994 and “whether a comprehensive plan and amendments to a comprehensive plan require affirmative recommendation by the jurisdiction’s planning commission before adoption”.

Requested by: Stephen G. Brock, Chairman, Mt. Pleasant Planning Commission

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October 22, 2007

Opinion regarding the continued applicability of an opinion issued in 1989 to Senator Isadore Lourie on the county election commission firing and hiring its employees.

Requested by: The Honorable David R. Hiott, Member, House of Representatives

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October 22, 2007

Opinion questioning whether the Allendale County Ordinance, imposing a fire and rescue protection fee on all real estate property in the county, conflicts with state statutes that govern the Forestry Commission.

Requested by: Bob Schowalter, State Forester, South Carolina Forestry Commission Senate

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October 22, 2007

Opinion regarding whether certain matters before the Greenville Technical College Area Commission must be discussed in an open session of the Commission’s meeting or whether they may be discussed in an executive session.

Requested by: Charles J. Boykin, Esquire

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October 22, 2007

Opinion concerning a member of the Dillon County Council’s ability to serve as the E-911 Director for Dillon County.

Requested by: W. Clay Young, County Administrator, Dillon County

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October 19, 2007

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

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

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October 11, 2007

Opinion concerning the attachment of a death certificate to a deed.

Requested by: Peggy Westmoreland, Interim Register of Deeds, Oconee County

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September 27, 2007

Opinion concerning non-refundable “processing fees” being charged by the Dorchester County Sheriff’s Department even if the charges are dropped or the person is found innocent.

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

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September 21, 2007

Opinion as to whether a particular individual is eligible to serve on the South Carolina Department of Transportation’s Commission.

Requested by: The Honorable William H. O’Dell, Member, SC Senate

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September 19, 2007

Opinion addressing “whether or not Colleton County, by way of the 1993 ordinance, has the authority to keep possession/ownership of the buildings and/or equipment used by those few stations where no new lease or purchase arrangements have been made as to that property”.

Requested by: Sean P. Thornton, Esquire

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September 14, 2007

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

Requested by: Marvin C. Jones, Esquire

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September 5, 2007

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

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

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August 16, 2007

Opinion questioning the authority of a county to enact an ordinance relating to the offense of resisting arrest which would be within the jurisdiction of a magistrate.

Requested by: Thomas E. Lynn, Esquire

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August 15, 2007

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

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

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August 14, 2007

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

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

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July 30, 2007

Opinion concerning an individual holding the positions of deputy sheriff and deputy treasurer and if this violates dual office holding provisions of the South Carolina Constitution.

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

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July 26, 2007

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

Requested by: Charles J. Boykin, Esquire

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July 6, 2007

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

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

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July 6, 2007

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

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

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June 27, 2007

Opinion regarding the variations in the matter in which child and spousal support orders are indexed in the offices of the clerks of court in this State.

Requested by: Cody Lidge, Family Court Representative

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June 26, 2007

Opinion as to “whether an increase in the millage rate imposed for fire service areas set forth by the Spartanburg County Annual Budget Ordinance is limited by the provisions of section 6-1-320, Code of Laws of South Carolina, 1976 as amended.”

Requested by: Edwin C. Haskell, III, Esquire

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June 20, 2007

Opinion concerning section 4-9-150 of the South Carolina Code. Specifically, “should the Comptroller General’s Office continue to direct Department of Revenue to withhold payments of Tax Relief Trust Funds if counties are delinquent in filing their audited financial statements since 4-9-150, which refers to ‘funds distributed by the Comptroller General,’ was not amended by the General Assembly in 2006 to accurately refer to funds distributed by the Department of Renvue?”

Requested by: The Honorable Richard Eckstrom, Comptroller General

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June 13, 2007

Opinion regarding the “local maintenance of effort” requirements of Section 59-21-1030.

Requested by: Charles J. Boykin, Esquire

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June 11, 2007

Opinion “concerning a possible conflict of Charleston County’s Zoning and Land Development Regulations and the South Carolina Forest Management Protection Act, Section 50 Chapter 2 of the 1976 Code of Laws.”

Requested by: Bob Schowalter, State Forester, South Carolina Forestry Commission

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June 6, 2007

Opinion clarifying as to “whether county councils are precluded from only appointing members to the governing board of a special purpose district, or precluded from both appointing and recommending members.”

Requested by: Sarah Forbes-Jones, Esquire

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May 21, 2007

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

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

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May 18, 2007

Opinion regarding autopsies and “when, under South Carolina law, may a coroner or other official order that an autopsy be performed in cases where one is not required to be performed (i.e., do certain officials have discretionary authority to order the performance of an autopsy, and if so, under what circumstance)?”

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

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May 16, 2007

Opinion regarding Teal’s Mill Rural Volunteer Fire Department’s ability to charge a fee to homeowners or their insurance companies for responding to a fire.

Requested by: R. P. Presson, Chief, Teal’s Mill V.F.D.

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May 9, 2007

Opinion concerning the school resource officer making an arrest at a school he is assigned to outside of his regular city jurisdictional limits.

Requested by: Ivan Randolph, Ph.D., Superintendent, Abbeville County School District

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May 9, 2007

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

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

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May 4, 2007

Opinion regarding dual office holding involving serving on the Citadel Board of Directors and being appointed as the Executive Director of SCDOT.

Requested by: Linda C. McDonald, Chief Council, South Carolina Department of Transportation

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May 2, 2007

Opinion concerning the recent hire of a principal by the Board of Trustees for the Charleston County School District.

Requested by: Marvin B. Stewart, Chairman, Charleston County Constituent School Board District 20

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May 2, 2007

Opinion whether the Chairman of the Springdale Planning Commission may serve on the Lexington Medical Center Board of Directors. Specifically, whether service in both positions “would violate the dual office holding provision contained in the South Carolina Constitution.”

Requested by: R. Benjamin Baxley, Town Administrator, Town of Springdale

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April 23, 2007

Opinion inquiring if an individual is arrested on a Friday evening after normal working hours can the municipal judge on weekend duty handle the matter and allow the defendant to pay the fine and be released or must the defendant wait until he can be brought before a judge that actually imposed the sentence. And if the sentencing judge is unavailable for reasons such as vacation, illness, or on personal leave, must the defendant also wait until the sentencing judge returns in order to be brought back before the sentencing judge.

Requested by: The Honorable B. Lee Miller, Municipal Court Judge

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April 20, 2007

Opinion concerning an individual not under contract or a state employee, participating in the South Carolina Teacher and Employee Retention Incentive Program (“TERI”) and if employment ends on the TERI termination date.

Requested by: Eugene R. Baten, Executive Director, Sumter County Commission on Alcohol and Drug Abuse

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April 11, 2007

Opinion concerning who is responsible for returned checks from the bank, the Register of Deeds or the county treasurer’s office.

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

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April 5, 2007

Opinion as to whether one’s service as a state legislator prohibits an individual from acting as a landlord to tenants seeking section 8 housing assistance.

Requested by: The Honorable Ted Martin Vick, Member, House of Representatives

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March 28, 2007

Opinion concerning dual office holding and conflicts of interest. A Cayce citizen serves as an appointed member of the City of Cayce Accommodations Tax Advisory Committee and as an appointed member of the Lexington County Recreation Commission.

Requested by: John C. Sharpe, City Manager, City of Cayce

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March 28, 2007

Opinion as to “whether a legislative delegation may appoint a registered lobbyist to serve as a member of a county transportation committee.”

Requested by: The Honorable Lewis R. Vaughn, Member, South Carolina Senate

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March 28, 2007

Opinion as to whether a person who owns property in Union County, registered on the State’s sex offense registry, is required to re-register in Union County inasmuch as he received a pardon for his conviction.

Requested by: Robert M. Stewart, Chief, South Carolina Law Enforcement Division

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March 28, 2007

Opinion as to whether a municipal judge can go to the location to conduct a bond hearing or must the warrant be sent to the county where the defendant is located for a magistrate to conduct the bond hearing.

Requested by: The Honorable B. Lee Miller, Municipal Court Judge

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March 28, 2007

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

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

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March 20, 2007

Opinion as to the ability of the Town of Hilton Head Island to budget for and expend money for certain civic events and activities.

Requested by: Brian E. Hulbert, Esquire

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

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Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

Room 519 | Columbia, S.C. 29201

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

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