Posts Tagged ‘Education’

July 27, 2017

Opinion on school resource officers.

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

Read full opinion.

July 13, 2017

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

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

Read full opinion.

May 4, 2017

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

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

Read full opinion.

April 25, 2017

Opinion on impact of 2016 SC-NC boundary line clarification on students’ ability to attend York County School District.

Requested by The Honorable Raye Felder, Member, South Carolina House of Representatives.

Read full opinion.

 

April 14, 2017

Opinion on whether a school board chairman has authority to assign seating at meetings and deny the right to vote to a member who refuses to sit in assigned seat.

Requested by The Honorable John W. Matthews, Jr., Member, South Carolina Senate.

Read full opinion.

 

March 24, 2017

Opinion on proposed Florence County School Dist. #3 legislation extending the school board term from 3 to 4 years and election of school board to be held on even number years.

Requested by The Honorable Roger Kirby, Member, South Carolina House of Representatives.

Read full opinion.

January 23, 2017

Opinion on dual office holding (serve as a member of the Denmark Technical College’s Local Area Commission and as a member of the board for the Orangeburg-Calhoun-Allendale-Bamberg Community Action Agency, Inc.).

 

Requested by Andrea White, Counsel, Denmark Technical College.

Read full opinion.

October 25, 2016

Opinion on whether Sections 21-1639 through 21-1641 of the S.C. Code of Laws of 1962 are still applicable in South Carolina.

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

Read full opinion.

 

May 17, 2016

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

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

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May 12, 2016

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

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

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May 3, 2016

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

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

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May 3, 2016

Opinion regarding S.C. Code Ann. § 17-5-130 (2014 & Supp. 2015) which relates to the qualifications that must be met to serve as coroner.

Requested by The Honorable Danny B. Verdin, Senator, District 9.

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April 28, 2016

Opinion regarding whether commodity boards are exempt from the South Carolina Consolidated Procurement Code.

Requested by The Honorable Hugh E. Weathers, South Carolina Department of Agriculture.

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April 20, 2016

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

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

Read full opinion

April 12, 2016

Opinion pertaining to the Charleston County School District.

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

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February 12, 2016

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

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

Read full opinion

February 11, 2016

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

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

Read full opinion

January 5, 2016

Opinion regarding whether a conflict of interest would arise if an individual is serving in the capacity of both “an elected SC School Board member” and as an assistant or head coach of a sports team of the same district.

Requested by Chairman Linda A. Wooten, Board of Trustees for Lexington School District Two.

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December 11, 2015

Opinion on the State Ethics Act.

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

Read full opinion.

 

November 24, 2015

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

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

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November 24, 2015

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

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

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November 12, 2015

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

Requested by Paul M. Fata, Lee County Attorney.

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November 9, 2015

Opinion regarding whether the South Carolina Commission of Higher Education has the legal authority to participate in the State Authorization Reciprocity Agreement.

Requested by Tim M. Hofferth, Chair, South Carolina Commission of Higher Education.

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October 28, 2015

Opinion regarding the legality of the structure of an advisory study committee created by the General Assembly as part of Proviso 82.10 of the 2015-2016 Appropriations Act.

Requested by Mr. Kevin Shwedo, Executive Director, South Carolina Department of Motor Vehicles.

Read full opinion.

October 21, 2015

Opinion regarding whether “online newspapers” that exist solely on the internet with no print circulation would be considered a newspaper of general circulation as the term is used within statutes and regulations imposing legal notice requirements for various purposes.

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

Read full opinion

September 15, 2015

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

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

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September 8, 2015

Opinion regarding the proper interpretation of Section 9 of the Supplemental Appropriations Bill for 2015 (H 4230).

Requested by The Honorable Tom Davis, Senator, District 46.

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September 3, 2015

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

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

Read full opinion

August 24, 2015

Opinion regarding whether Section 24-21-715 of the South Carolina Code allows “for medical parole of any inmate, including those sentenced for ‘no parole’ offenses.”

Requested by Kela E. Thomas, Director, Department of Probation, Parole and Pardon Services.

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July 28, 2015

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

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

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July 27, 2015

Opinion related to the South Carolina Freedom of Information Act.

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

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July 9, 2015

Opinion regarding the statutory interpretation of SC Code Ann. 59-19-350 (Supp. 2014), which permits the creation of “schools of choice exempt from state laws and regulations.”

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

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July 2, 2015

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

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

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June 2, 2015

Opinion regarding whether criminal defense attorneys are permitted to contact victims of crime directly on behalf of their defendant/clients during the pendency of a criminal matter despite [a court order prohibiting contact [by the Defendant].

Requested by Veronica Swain Kunz, Crime Victims’ Ombudsman, Office of the Crime Victims’ Ombudsman.

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May 29, 2015

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

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

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May 22, 2015

Opinion on whether 911 operators must be United States citizens to be certified as Class 4 telecommunications officers.

Requested by Brandy A. Duncan, Chief General Counsel, South Carolina Criminal Justice Academy.

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April 28, 2015

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

Requested by Mr. William F. Halligan, Esquire.

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April 27, 2015

Opinion regarding public access to the navigable waters which flow through Cape Romain National Wildlife Refuge.

Requested by Mayor Rutledge B. Leland, III, Town of McClellanville.

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April 20, 2015

Opinion on proposed amendment to the Constitution of the South Carolina High School League to have private/charter schools compete at a higher division in interscholastic athletic competitions.

Requested by The Honorable Larry Grooms, Senator and The Honorable Bruce W. Bannister, Member, House of Representatives.

Read full opinion.

 

April 9, 2015

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

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

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April 6, 2015

Opinion regarding Section 63-19-20 of the Code and Article XII, Section Three of the South Carolina Constitution dealing with juveniles.

Requested by Mr. Jarrod M. Bruder, Executive Director, South Carolina Sheriffs Association.

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March 6, 2015

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

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

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February 27, 2015

Opinion on dual office holding (employee of a school district and a member of that school’s governing school board).

Requested by The Honorable Cezar E. McKnight, Member, South Carolina House of Representatives.

Read full opinion.

February 25, 2015

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

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

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February 19, 2015

Opinion regarding the interpretation of certain aspects of House Bill 4560 (“Act 276”), specifically Acts 276’s amendments to Section 17-1-40 of the South Carolina Code dealing with the retention, by law enforcement and prosecution agencies, of certain information following an expungement of an individual’s record.

Requested by Sheriff Steve Loftis, Greenville County Sheriff s Office.

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February 19, 2015

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

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

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February 18, 2015

Opinion regarding the financial crises of South Carolina State University.

Requested by The Honorable W. Brian White, Chairman, House Ways and Means Committee.

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January 14, 2015

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

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

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December 23, 2014

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

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

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December 23, 2014

Opinion request regarding Senate Bill 839 (“S.839”) dealing with “Industrial Hemp Cultivation.”

Requested by Hugh E. Weathers, South Carolina Commissioner of Agriculture.

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November 18, 2014

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

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

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September 8, 2014

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

Requested by The Honorable Shane Martin.

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August 28, 2014

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

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

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August 19, 2014

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

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

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August 8, 2014

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

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

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July 29, 2014

Opinion asking may Coastal Carolina University establish a research foundation to process grants, contracts and other documents.

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

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July 3, 2014

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

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

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June 10, 2014

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

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

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May 30, 2014

Opinion regarding various questions arising under the Administrative Procedures Act (“APA”) as well as statutes and regulations relating to the Commission on Higher Education (“CHE”).

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

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May 2, 2014

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

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

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April 17, 2014

Opinion as to whether a staff member at the South Carolina Criminal Justice Academy (the “Academy”) may lawfully engage in a private business during his or her free time.

Requested by: Brandy A. Duncan, Esquire, General Counsel, South Carolina Criminal Justice Academy

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March 18, 2014

Opinion asking can a member of an organized fire department who has risen to the point that his duties may include those of a local fire marshal, but who is not certified by the State Fire Marshal and not acting under that state authority, be commissioned by a Police Chief or Sheriff as a law enforcement officer then be considered not to hold two public office in violation of the State Constitution.

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

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March 3, 2014

Opinion asking, is an individual who has been granted Deferred Action for Childhood Arrivals (“DACA” or “deferred Action”) status eligible for a South Carolina professional or occupational license?

Requested by: Melina Mann, General Counsel, South Carolina Department of Labor, Licensing and Regulation

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February 28, 2014

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

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

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January 15, 2014

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

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

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January 2, 2014

Opinion regarding the interpretation of “current dog hunting legislation,” which I understand to be Section 50-11-770 of the South Carolina Code, also known as the Renegade Hunter Act (“the Act”). And as to “whether DNR is interpreting legislation as intended”.

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

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December 11, 2013

Opinion regarding the interpretation of a provision of Title 11, Chapter 44 of the South Carolina Code, also known as the High Growth Small Business Job Creation Act.

Requested by: The Honorable Mark Hammond, South Carolina Secretary of State

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December 2, 2013

Opinion as to whether the insurance requirements for school buses set forth in S.C. Code § 59-67-710 apply to a school district’s contracts with parents to transport their own children to and from school by virtue of S.C. Code § 59-67-740.

Requested by: The Honorable Mick Zais, State Superintendent of Education

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November 18, 2013

Opinion as to whether school districts may issue their own high school diploma to students who do not meet the requirements for a high school diploma under S.C. Code § 59-39-100.

Requested by: The Honorable Mick Zais, State Superintendent of Education

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November 18, 2013

Opinion regarding the definitions of “school” and “school district” in section 59-63-370 of the South Carolina Code a/k/a the “School Crime Report Act” for purposes of determining if York Technical College’s teachers or instructors must be notified of crimes that its students have committed.

Requested by: Charles J. Boykin, Esquire, Boykin & Davis, LLC

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October 29, 2013

Opinion regarding a law enforcement officer purchasing time from the State toward his police retirement.

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

Read more here.

October 28, 2013

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

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

Read full opinion.

October 8, 2013

Opinion concerning the College of Charleston’s policies concerning allegations of sexual harassment or misconduct against employees.

Requested by:  P. George Benson, President, College of Charleston

Read full opinion here.

October 4, 2013

Opinion concerning the legality of a “casino night” under State law.

Requested by: Stirling Halversen, City Attorney, Isle of Palms

Read full opinion here. 

August 2, 2013

Opinion as to whether an individual who was required to register as a sex offender but was pardoned for the underlying offense in 2004 is entitled to have his information removed from the Sex Offender Registry.

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

Read full opinion here.

July 25, 2013

Opinion concerning whether Spartanburg School District 7 may hire a licensed pediatrician to fill a nursing position at an elementary school using funds made available by the State Department of Education.

Requested by:  Russell W. Booker, Ph.D., Superintendent, Spartanburg School District 7

Read full opinion here. 

July 19, 2013

Opinion as to whether any of the planned actions in the MOU [memorandum of understanding between the American Forest Foundation and the S.C. Forestry Commission] or scope of work constitute “commercial solicitation” as defined in the Family Privacy Protection Act [found in S.C. Code Section 30-2-50] or otherwise violates this law.

Requested by: Henry E. Kodama, State Forester, S.C. Forestry Commission

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July 8, 2013

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

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

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June 26, 2013

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

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

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May 21, 2013

Opinion concerning an Advanced Practice Registered Nurse (Nurse Practitioner) who is concerned about her ability to practice her profession in this state as the law permits.” Specifically, “whether South Carolina law permits a nurse practitioner to dispense certain scheduled prescription drugs to their patients after diagnosing and prescribing scheduled drugs for treatment.”

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

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May 8, 2013

Opinion “concerning whether PEBA may legally authorize private employers to participate in the State Health Plan Provider Networks, which will allow these private employers to obtain the same rates for medical services that the State Health Plan has negotiated.”

Requested by: David K. Avant, Interim Executive Director, South Carolina Public Employee Benefit Authority

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May 8, 2013

Opinion as to whether the South Carolina Public Charter School District (the “District”) can require charter schools it has sponsored to perform certain accounting tasks.

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

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May 6, 2013

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

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

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April 24, 2013

Opinion concerning the Office’s interpretation of the Equal Access to Interscholastic Activities Act, S.C. Code § 59-63-100, as it applies to child who is taken out of a public school and home schooled. Specifically, whether such a child must complete one year of home schooling under the Act before he or she may participate in interscholastic activities.

Requested by: The Honorable Wm. Weston J. Newton, Member, House of Representatives

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April 16, 2013

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

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

Read more…

April 5, 2013

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

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

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April 2, 2013

Opinion asking whether a commissioned South Carolina Department of Public Safety (“DPS”) Special Constable who presently works at a local school district may carry his weapon onto school property.

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

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March 26, 2013

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

Requested by: The Honorable Linda Mock, Georgetown County Auditor

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March 5, 2013

Opinion regarding the Blacksburg Police Department (the “Department”) seeking to utilize forfeited funds seized pursuant to S.C. Code Ann. §§44-53-520, 530 to purchase specific items for the Department.

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

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February 7, 2013

Opinion as to whether the S.C. State Housing Finance and Development Authority (the “Authority”), may enter into a “Financial Responsibility” agreement with Fannie Mae.

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

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January 28, 2013

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

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

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January 10, 2013

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

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

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December 12, 2012

Opinion concerning the organization’s, Center for Educator Recruitment, Retention and Advancement (CERRA), authority to negotiate or settle debts owed to it by individuals who fail to meet the terms of scholarships received through participation in the Teaching Fellows Program.

Requested by: Keith R. Powell, Esquire, Childs & Halligan, P.A.

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November 5, 2012

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

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

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September 26, 2012

Opinion questioning whether the South Carolina Department of Education (the “SCDOE”) properly certified a number of individuals who do not a have a post-graduate degree  as speech-language therapists in the public schools.

Requested by: The Honorable John W. Matthews, Jr., Senator, District No. 39

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September 24, 2012

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

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

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September 19, 2012

Opinion as to “whether a municipal police officer, sheriff, or deputy sheriff who is an active member of the South Carolina Police Officer Retirement Systems who meets the definition of ‘police officer’ for purposes of Section 9-11-10(23) of the South Carolina Code because he is ‘required by the terms of his employment, either by election or appointment, to give his time to the preservation of public order, the protection of life and property, and the detection of crimes in this State’ is among the class of persons which may be appointed to the newly created Public Employee Benefits Authority (PEBA) pursuant to Section 9-4-10(B)(1)(b) of the South Carolina Code.”

Requested by: The Honorable John Courson, President Pro Tempore, SC Senate

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September 12, 2012

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

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

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September 7, 2012

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

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

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September 5, 2012

Opinion regarding our interpretation of the recently enacted Act 203 of 2012.

Requested by: The Honorable Mick Zais, State Superintendent of Education

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September 5, 2012

Opinion regarding our interpretation of the recently enacted Act 203 of 2012.

Requested by: The Honorable George E. Campsen, III, Senator, District No. 43, The Honorable A. Shane Massey, Senator, District No. 25, The Honorable Phillip D. Owens, Member, House of Representatives

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August 21, 2012

Opinion regarding certain regulations and procedures implemented or enforced by the South Carolina Department of Education (the “SCDOE”) against charter school applicants and the manner in which the SCDOE disburses federal planning and implementation subgrant funds to new charter schools.

Requested by: Michael A. Letts, Chairman, Hope Academy Charter School

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July 19, 2012

Opinion regarding dual office holding. Specifically, you request that we advise as to whether members of fire departments, including fire/arson investigators, are exempted from the dual office holding prohibition.

Requested by: Brandy A. Duncan, Esquire, General Counsel, SC Criminal Justice Academy

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July 5, 2012

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

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

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May 16, 2012

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

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

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May 7, 2012

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

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

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April 9, 2012

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

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

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March 30, 2012

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

Requested by: Francenia B. Heizer, Esquire

Read full opinion.

 

March 20, 2012

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

Requested by: Joseph L. Mathis, Esquire

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March 5, 2012

Opinion regarding the Mayor of the Town of Norway (“Mayor”).

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

Read full opinion.

February 6, 2012

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

January 31, 2012

Opinion regarding whether a school district can establish a year-round calendar that starts in mid-July.
Requested by:  Russell W. Booker, Ph.D.
Superintendent, Spartanburg School District 7

January 24, 2012

Opinion as to whether pre-kindergarten programs exceeding four hours per day are required to be licensed by the Department of Social Services (DSS) pursuant to the South Carolina statutes and regulations governing the operation of “childcare facilities.” Specifically, you indicate an interest in the law as it applies to such programs conducted by public schools.

Requested by: The Honorable Lewis E. Pinson, Member, House of Representatives

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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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October 27, 2011

Opinion concerning what criminal offenses and penalties are applicable to the designation of Three Synthetic Cathinones (Bath Salts) and Five Synthetic Cannabinoids (K2 and Spice) as Schedule I(d) Controlled Substances

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

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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 7, 2011

Opinion concerning two prior opinions of this Office dated January 5, 2011 and May 11, 2011. Specifically, you asked us to address the definition of “new” or “new programs” as related to the Commission on Higher Education’s (CHE) authority to approve a new USC/Greenville Hospital System School of Medicine in Greenville.

Requested By: Mr. Kenneth B. Wingate, SC Commission on Higher Education

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September 26, 2011

Opinion concerning school districts and their employees who participate in the Teacher and Employee Retention Incentive (TERI) program.

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

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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 16, 2011

Opinion concerning whether having the position of Assistant Deputy Attorney General and “accepting the appointment to be a member of the Clemson University Humanities Advancement Board would constitute dual office holding.”

Requested by: C. Havird Jones, Jr., Esquire

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August 31, 2011

Opinion concerning Stormwater Management Utility Service charges.

Requested by: Mr. Grant Duffield, Tega Cay City Manager

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August 25, 2011

Opinion regarding the policy of Spartanburg School District Three (the “School District”) requiring visitors to produce identification for scanning when entering a public school.

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

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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 1, 2011

Opinion as to whether the South Carolina Law Enforcement Division (SLED) may use state forfeited funds seized pursuant to S.C. Code Ann. §44-53-520 and §44-53-530 to support the Implied Consent Program.

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

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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 “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 referencing an opinion dated January 17, 1990 regarding a police agency using seized money. This opinion answers as to whether the “first $1,000.00” can still be used for any public purpose of law enforcement, as §44-53-530 has been amended since the 1990 opinion.

Requested by: Gerald Brooks, Chief of Police, Greenwood Police Department

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June 1, 2011

Opinion concerning whether it is “a violation of the dual office holding provision of the state for an individual to serve on the Board of Directors for the Governor’s School for the Arts and Humanities and another board of a state agency or the board of a unique entity, specifically the South Carolina Public Service Authority, known as Santee Cooper.”

Requested by: Robert E. Hughes, Chairperson, Board of Directors, SC Governor’s School for the Arts and Humanities

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May 24, 2011

Opinion concerning the pending resentencing trial of a defendant in a capital murder case in your judicial circuit.

Requested by: The Honorable Barry J. Barnette, Solicitor, Seventh Judicial Circuit, Spartanburg County Courthouse

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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 11, 2011

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

Requested by: The Honorable John Courson, Senator, District No. 20

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May 9, 2011

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

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

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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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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 21, 2011

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

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

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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 14, 2011

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

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

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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

January 18, 2011

Opinion concerning “payroll withholdings for deductions other than the standard deductions currently provided for within current legislation.”

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Requested by: Mr. Darrel W. Staat, President, South Carolina Technical College System

January 5, 2011

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

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

December 15, 2010

Opinion regarding Clemson University’s administration and/or Board of Trustees wants to phase out the Clemson Extension Service and, thereby, the Public Services Activities or (“PSA”). Specifically, whether Clemson University (hereinafter referred to as “Clemson”) could lose its land grant charter, including the benefits contained therein, and whether Clemson’s attempt to “move away from” the Extension Program violates the Smith-Lever Act.

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

November 23, 2010

Opinion regarding the application of child support statutes across the state. Specifically, “the constitutionality of our state’s child support statutes not being applied consistently across our state agencies (in particular, our Family Court System and the Dept. of Social Services).”

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Requested by: The Honorable Luke A. Rankin, Member, SC Senate

November 19, 2010

Opinion regarding whether a contest more clearly explained on the website www.contestforchange.com would constitute a lottery under South Carolina law.

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

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

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 3, 2010

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

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

August 30, 2010

Opinion concerning South Carolina Nursing Board’s authority to require current nurses licensed in South Carolina to submit to a state and federal finger-print based criminal background check.

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Requested by: The Honorable David L. Thomas, Member, SC Senate

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 26, 2010

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

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

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 16, 2010

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

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

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 5, 2010

Opinion concerning licensure of nonpublic post-secondary institutions. Specifically, “whether or not the Commission can deny eligibility for an initial licensure when its found that owners seeking licensure previously owned a school that was found in violation and had its license revoked while licensing function was under the jurisdiction of the S.C. Department of Education.”

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Requested by: George Walters, Executive Director, SC Commission on Higher Education

June 28, 2010

Opinion questioning whether a school district is required to report all suspected crimes to law enforcement and whether a school district has the authority to limit law enforcement in the investigation of crimes on school grounds.

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Requested by: Sam W. White, Chief, Public Safety Department

June 23, 2010

Opinion concerning sedation and the use of propofol by a registered nurse across all practice settings.

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

June 8, 2010

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

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

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

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 8, 2010

Opinion asking “to define Jacob’s law pertaining to transporting ten or less children in personal vehicles, versus Federally approved School Buses.”

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Requested by: The Honorable Shane Martin, Member, SC Senate

April 6, 2010

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

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

March 18, 2010

Opinion on dual office holding (a position on the Commission on Women, S.C. Code Ann. 1-15-10, would qualify as an office for the purpose of dual office holding).

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Requested by: Ms. Lorrie King, Director of Boards and Commissions, Office of Governor

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

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

January 27, 2010

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

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

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 11, 2009

Opinion questioning whether it would constitute a dual office holding violation for an individual to simultaneously serve as Executive Director of the South Carolina Education Lottery and as a Chairperson of the Centers of Economic Excellence Review Board.
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Requested by: The Honorable H. Boyd Brown, Member, House of Representatives

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 27, 2009

Opinion on whether First Steps is considered an agency for purposes of the Illegal Immigration Reform Act.

Requested by Ms. Susan DeVenny, Executive Director, South Carolina First Steps.

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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 1, 2009

Opinion regarding a constituents’ children attending public school outside the district where they reside. The family’s home is in School District One but the children, who own property in their own names in District Two, attend school in District Two.
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Requested by: The Honorable Glenn G. Reese, Member, SC Senate

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 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 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

May 14, 2009

Opinion concerning the consistency of Senate Bill 319, “regarding parental custody/legal guardianship as it applies to placing children of military families in public schools.”
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Requested by: The Honorable Phil P. Leventis, 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

March 31, 2009

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

March 20, 2009

Opinion questioning whether a particular solicitation campaign associated with a charitable organization meets the consideration element of a lottery under South Carolina law.
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Requested by: The Honorable Mark Hammond, Secretary of State, State of South Carolina

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 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

March 2, 2009

Opinion questioning the compensation for certain certified instructors at the Whitten Center.
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Requested by: The Honorable John Courson, Chairman, Senate Education Committee

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 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 23, 2009

Opinion concerning the application of South Carolina statutes and regulation concerning the licensing of truck driving training schools.

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Requested by: The Honorable André Bauer, Lieutenant Governor

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

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

November 12, 2008

Opinion questioning whether school districts are required to have a State Department of Education State school bus inspection or are districts within the law if they have only the federal DOT inspection on district owned buses.

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

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 17, 2008

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

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

October 13, 2008

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

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

October 10, 2008

Opinion regarding the applicability of S.C. Code Ann. § 56-5-195, known as “Jacob’s Law”, to former charter buses presently owned and operated by the school district which were purchased by the Lugoff-Elgin band.

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Requested by: The Honorable Joel Lourie, Member, SC Senate and The Honorable Laurie Slade Funderburk, Member, House of Representatives

September 24, 2008

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

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Requested by: Julie Boland, South Carolina Judicial Department

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 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 8, 2008

Opinion “as to whether school districts that were recipients of funding under the Public Choice Innovation Schools (PCIS) grant program in 2007-08 (funded through proviso 1A.69)…may carry forward those funds to the current school year.”

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Requested by: The Honorable Jim Rex, Superintendent of Education

August 5, 2008

Opinion questioning whether serving on the Commission for Lawyer Conduct (the “Commission”) and serving on the Florence/Darlington Technical Center Area Commission (the “Technical Center Commission”) “[w]ould constitute dual office holding?”

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Requested by: Marian D. Nettles, 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 9, 2008

Opinion regarding the legality of a builder’s inventory being marketed and transferred through ticket sales on the internet giving buyers of the tickets a chance to win a home from the builder.

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Requested by: The Honorable Thad Viers, Member, SC House of Representatives

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 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 3, 2008

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

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

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 8, 2008

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

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

May 8, 2008

Opinion concerning “whether a school district is allowed to require a teacher to accept an employment contract prior to April 25.”

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Requested by: The Honorable Jim Rex, State Superintendent of Education

April 24, 2008

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

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

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 14, 2008

Opinion requesting an interpretation of S.C. Code Ann. 23-3-115 with regard to the costs of disseminating criminal history record information (CHRI) at a reduced fee to the South Carolina Association of Personal Care Providers (“ the Association”).

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

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March 10, 2008

Opinion regarding recent action by the Denmark-Olar School District Two Board of Trustees (“ the Board”) regarding their per diem pay.

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

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March 7, 2008

Opinion questioning the applicability of S.C. Code Ann. 56-5-195, known as “Jacob’s Law”, to three charter buses purchased by the Mid-Carolina High School Band Booster Club.

Requested by: The Honorable Ronnie W. Cromer, Member, SC Senate and The Honorable Walton J. McLeod, Member, House of Representatives

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February 25, 2008

Opinion regarding the legality of the form of school district governance by the Horry County School District referred to as “Policy Governance”.

Requested by: The Honorable The Honorable Raymond E. Cleary, III, 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 24, 2008

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

Requested by: Teresa A. Knox, Esquire

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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 2, 2008

Opinion concerning the eligibility of individuals serving abroad on military duty to serve on the Citadel Board of Vistors.

Requested by: Mark C. Brandenburg, Esquire

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December 20, 2007

Opinion regarding the interpretation of proviso 50.9 passed by the General Assembly during the last legislative session. “Can the Pharmacy Board be compelled to issue pharmacy technician certification to applicants that meet the intent of the Proviso?”.

Requested by: The Honorable Gilda Cobb-Hunter and The Honorable Vincent Sheheen

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December 13, 2007

Opinion referencing S.C. Code section 23-11-110, establishing the qualifications for sheriff and the definition of the term “certified law enforcement officer”.

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

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December 3, 2007

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

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

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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 7, 2007

Opinion concerning South the Carolina Freedom of Information Act (“FOIA”). Specifically, a reporter asking to review a settlement agreement.

Requested by: Fred Washington, Chairman, Beaufort County Board of Education

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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 9, 2007

Opinion questioning the propriety of proceeding under Section 59-103-200, dealing with the Commission on Higher Education, rather than Title 60 where the Archives legislation is set forth.

Requested by: Rodger E. Stroup, Ph.D., Director, South Carolina Department of Archives & History

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October 8, 2007

Opinion concerning the interpretation of Section 59-21-420 of the South Carolina Code. Specifically, the applicability of any funds secured by a waiver granted by the South Carolina State Board of Education to the routine maintenance of grounds or facilities as opposed to the ‘renovation, capital improvement, or repair of school classrooms, libraries, laboratories, and other institutional facilities, including music rooms’ or the creation of additional classroom space.

Requested by: The Honorable Kevin L. Bryant, Member, SC Senate

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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 questioning whether a promotional program sponsored by WeSave Inc. would constitute a lottery under State law or would it be barred by any other State statute.

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

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September 11, 2007

Opinion concerning the garnishment of wages of Town employees in the Town of Pendleton.

Requested by: Mary C. McCormac, Esquire

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August 8, 2007

Read full opinionOpinion as to whether the State Board of Education alone is responsible for the promulgation of academic standards in compliance with Section 59-29-230(C) for the courses on the Old Testament authorized by Section 59-29-230 or does Section 59-29-230(D) require the Education Oversight Committee to participate in the process.

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

August 1, 2007

Opinion interpreting section 59-21-420(b) of the South Carolina Code. Specifically, “must the State Board of Education actually hear an appeal, or is the statute satisfied merely by the submission of the request by a school district?”.

Requested by: The Honorable Kevin L. Bryant, Member, SC Senate

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July 17, 2007

Opinion on the legality of a West Union town council “emergency meeting” held at 1:30 p.m. when a scheduled special meeting had already been posted for 2:00 p.m.

Requested by: Cecilia Atkins, Clerk/Treasurer, Town of West Union

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July 11, 2007

Opinion on the impact of amendments to section 6-1-320(B) of the South Carolina Code due to the passage of the Property Tax Reform Act in 2006 on section 59-21-1030 of the South Carolina Code.

Requested by: The Honorable Raymond E. Cleary, III, Member, SC Senate

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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 14, 2007

Opinion as to whether “serving on the Gilbert-Summit Rural Water District’s Board as a Director and serving as a member of the South Carolina Environmental Certification Board contravene the dual office holding prohibition of the South Carolina Constitution.”

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

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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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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 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 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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April 24, 2007

Opinion requesting clarification on the impact of the Property Tax Reform Act, passed by the Legislature in 2006, on annual allocations provided to school districts under the Education Finance Act of 1977 (the “EFA”).

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

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March 30, 2007

Opinion inquiring as to the Commission on Higher Education’s (“CHE’s”) ability to release student-level data under the Family Educational Rights and Privacy Act (“FERPA”).

Requested by: The Honorable Dwight A. Loftis, 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

Follow-up opinion to a February 28, 2007 opinion regarding First Steps to School Readiness Initiatives’ ability to gather information about individuals benefiting from First Steps’ programs. Specifically provisions of the federal Privacy Act, which could prohibit First Steps’ from requiring its program participants to give their social security numbers in order to participate in First Steps’ programs.

Requested by: Dan Wouri, South Carolina Readiness Officer, First Steps?

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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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March 7, 2007

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

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

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February 28, 2007

Opinion as to “whether there are legal prohibitions against First Steps’ requiring the provision of complete client data (first name, date of birth, gender, race, social security number and Medicaid number, if applicable) as a condition or receiving First Steps’ programming and can an underage parent legally consent to the use of his/her child’s data or there own.”

Requested by: Dan Wouri, South Carolina School Readiness Officer, SC First Steps

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February 28, 2007

Opinion as to whether you may hold a position on the Spartanburg School District Three School Board while remaining employed as an Industrial Relations Coordinator at Daniel Morgan Technology Center.

Requested by: Harvey A. Dailey

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February 21, 2007

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

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

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February 16, 2007

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

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

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January 29, 2007

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

Requested by: The Honorable Mike Fair, SC Senate

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January 26, 2007

Opinion concerning whether an interim high school principal is qualified to serve on the Regional Education Center Advisory Board in the position as a “high school principal” as set forth in S.C. Code Ann. 59-59-180.

Requested by: The Honorable Glenn F. McConnell, Chairman, Charleston County Legislative Delegation

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January 26, 2007

Opinion concerning a charitable event being considered an illegal lottery in South Carolina.

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

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January 19, 2007

Opinion regarding the Beaufort County School District having thirteen schools operating under a year-round calendar that starts in mid-July and fifteen more that open on a traditional (mid-August) schedule and the legality of two calendars proposed for the 2007-2008 school year.

Requested by: Phillip J. McDaniel, Ed.D., Superintendent, Beaufort County School District

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January 9, 2007

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

Requested by: Dan Wuori, South Carolina School Readiness Officer

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December 11, 2006

Opinion questioning whether or not a group called, Choose Children First, who joined other organizations for a voter registration drive with promises of cash prizes via lottery style drawings complies with state law.

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

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December 1, 2006

Opinion requesting whether being an employee of the Barnwell County Career Center, as an electrical instructor, and being a member of the Barnwell County Council would result in a conflict of interest.

Requested by: Ron Still

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October 16, 2006

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

Requested by: David J. Mills, Esquire

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October 10, 2006

Opinion questioning whether SLED should automatically classify an out-of-state sexually violent predator when relocating to South Carolina and subject the individual to the more frequent registration requirements.

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

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September 29, 2006

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

Requested by: William E. Whitney, Esquire

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September 21, 2006

Opinion concerning the interpretation of “Jacob’s Law.” In particular, you are concerned with the interpretation of section 56-5-195 of the South Carolina Code.

Requested by: Deirdra T. Singleton, Deputy Director/General Counsel, South Carolina Department of Health and Human Services

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September 21, 2006

Opinion concerning the possibility of dual office holding with specifics regarding to being a member of the State Board for Technical and Comprehensive Education and being a member on the Myrtle Beach Convention Center Hotel Corporation’s Board.

Requested by: Dan P. Gray

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September 6, 2006

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

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

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August 2, 2006

Opinion on dual office positions, specifically someone on the State Board of Education and on the Anderson County Council.

Requested by: The Honorable Daniel T. Cooper, Member, House of Representatives

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August 2, 2006

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

Requested by: Joseph O. Burroughs

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August 1, 2006

Opinion referencing SC Code Ann. § 59-37-10. Requesting whether the District 56 Board of Education is required to provide an education to the children of Thornwell Home.

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

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July 21, 2006

Opinion regarding dual office holding.

Requested by: Gwendolyn Conner

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July 19, 2006

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

Requested by: Nancy T. Welch

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July 19, 2006

Opinion concerning the Fairfield County Recreation District and the Recreation Commission. Specifically, whether certain behavior by the commissioners’ constitutes cause for removal.

Requested by: W. Thomas Sprott, Esquire

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July 19, 2006

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

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

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July 7, 2006

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

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

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June 27, 2006

Opinion requesting “the legality of procedures used by the Berkeley County Board of Education in levying property taxes in 2005.”

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

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June 1, 2006

Opinion questioning the impact of dual office holding prohibition on the advisory board created by the South Carolina Education and Economic Development Act (“EEDA”).

Requested by: The Honorable Ken Clark, Member, House of Representatives

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May 23, 2006

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

Requested by: Mark W. Tollison, Esquire

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May 23, 2006

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

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

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May 12, 2006

Opinion regarding the law enforcement authority and the authority to carry handguns of various university and college law enforcement officers in this State.

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

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April 28, 2006

Opinion concerning an appointee to the Education Oversight Committee (EOC), and whether it violates the law of dual office holdings.

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

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April 26, 2006

Opinion dealing with teaching a course at the University of South Carolina, and have been offered a $2,500 honorarium. Request whether or not you can accept the offer in light of the provisions of S.C. Code Ann. § 60-11-60.

Requested by: Rodger E. Stroup, Ph.D., Director, South Carolina Department of Archives & History

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April 19, 2006

Opinion requesting to review the South Carolina licensure for speech language pathologist and audiologist and opine on its compliance with federal regulations allowing state Medicaid programs to receive federal appropriations for providing medical and rehabilitative services.

Requested by: Robert Kerr, Director of South Carolina Department of Health and Human Services

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April 6, 2006

Opinion questioning whether the promotion of a forestry employee with the State Forestry Commission to the position of a “special law enforcement officer” would prohibit his wife from maintaining her bail bondsman license and operating a bail bond business.

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

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April 4, 2006

Opinion concerning whether an individual can work for the City of Calhoun Falls, and be elected on the Abbeville County Council.

Requested by: The Honorable A. Scott Harris, Administrator, City of Calhoun Falls

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March 20, 2006

Opinion questioning the effective filing date for petition and write-in candidates for the Aiken County Board of Education.

Requested by: The Honorable Thomas L. Moore, Member, SC Senate

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March 20, 2006

Opinion inquiring as to Barnwell School District No. 45’s responsibility with regard to legal expenses incurred in the protest of an election for its Board of Trustees.

Requested by: J. Martin Harvey, Board Chairman, Board of Trustees for Barnwell School District No. 45

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March 17, 2006

Opinion regarding conflicting provisions in the State Board of Education Regulations 43-53 and 43-53.2 as to which regulation should be utilized for determining advancement of a teaching certificate from bachelor’s degree to bachelor’s degree plus eighteen hours.

Requested by: The Honorable Ronald P. Townsend, Member, House of Representatives

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March 9, 2006

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

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

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March 3, 2006

Opinion concerning that legislation constrains the local school boards as it relates to other relevant statutes. And questioning whether the referenced proposed legislation if enacted would direct the school boards to comply in a manner that would be in direct conflict with other existing statutes that would be applicable.

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

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February 24, 2006

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

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

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February 23, 2006

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

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

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February 9, 2006

Opinion responding to a request of guidance on interpretation of section 59-63-30 of the South Carolina Code.

Requested by: The Honorable Inez Moore Tenenbaum, State Superintendent of Education, State of South Carolina Department of Education

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January 30, 2006

Opinion regarding the pupil enrollments and transfers referencing S.C. Code Ann. §§ 59-63-480 and 59-63-490.

Requested by: Kenneth L. Childs, Esquire

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January 26, 2006

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

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

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January 25, 2006

Opinion questioning whether an individual employed by the Department of Juvenile Justice as the Deputy Director of Community Services may simultaneously serve as a part-time magistrate.

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

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January 24, 2006

Opinion concerning the State Board of Pharmacy’s (the “Pharmacy Board”) interpretation of certain provisions under the Pharmacy Practice Act (the “Act”).

Requested by: The Honorable Darrell Jackson, Member, SC Senate

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January 20, 2006

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

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

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January 12, 2006

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

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

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January 11, 2006

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

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

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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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