Posts Tagged ‘Education’

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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January 11, 2006

Opinion questioning whether the Department of Corrections is required to transfer its current vending machine operations to the State Commission for the Blind.

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

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January 6, 2006

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

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

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December 20, 2005

Opinion regarding dual office holding. Specifically, whether there would be a violation of the dual office holding provision of the South Carolina Constitution for an individual to serve simultaneously as the Director of the Allendale County Department of Social Services and as a member on the Allendale County School Board.

Requested by: Ms. Lee E. Harley-Fitts

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December 12, 2005

Opinion indicating that a question has arisen concerning the effect of a provision of Act No. 106 of 2005 on STOP formula grant awards received by the State.

Requested by: Robert L. McCurdy, Staff Attorney, South Carolina Court Administration

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December 9, 2005

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

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

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December 6, 2005

Opinion questioning the powers and authority of the Lake Wylie Marine Commission.

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

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December 2, 2005

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

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

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December 1, 2005

Opinion questioning the applicability of the words “as defined in local board policy” as used in the provision of S.C. Code Ann. § 59-24-60. Particularly, whether the referenced phrase modifies the entire provision or just that part of the phrase “his property”.

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

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November 28, 2005

Opinion regarding the eligibility of Mr. Glenn Anderson for in-state tuition at the University of South Carolina. Mr. Anderson is a Canadian citizen but has lived in South Carolina since April, 1998.

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

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October 11, 2005

Opinion regarding dual office holding. Specifically, whether service on the Education and Economic Development Coordinating Council would constitute a violation.

Requested by: Henry J. White, Esquire

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October 3, 2005

Opinion questioning whether votes by relatives to hire other relatives on the board of trustees is a conflict of interest or violation of any nepotism provision.

Requested by: Reverend Calvin Morris, Constituent Board of Trustees

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September 26, 2005

Opinion raising questions regarding proposals for infrastructure projects that have been submitted to the State Research Centers of Economic Excellence Review Board, hereinafter “the Board”, by Clemson University and the Medical University of South Carolina.

Requested by: Benjamin T. Rook, Chairman, Review Board, S.C. Research Centers of Economic Excellence

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September 8, 2005

Opinion inquired as to whether it would be a violation of the dual office holding prohibition to serve simultaneously as Aiken City Attorney and as a member of the Aiken County Commission on Higher Education.

Requested by: Gary H. Smith, III, Esquire

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August 8, 2005

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

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

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July 25, 2005

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

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

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July 5, 2005

Opinion inquired as to whether it would be a violation of the dual office holding prohibition to serve simultaneously as an officer or director of the South Carolina Museum Foundation and being appointed to the South Carolina museum Commission by the Governor.

Requested by: Gray T. Culbreath, Chairman, South Carolina Museum Foundation

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June 27, 2005

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

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

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June 20, 2005

Opinion as to whether a school district which has rehired a retired teacher pursuant to S.C. Code Ann. § 9-1-1790 must employ that individual as a continuing contract teacher or whether the district may offer that teacher a memorandum or letter of agreement to teach for one year.

Requested by: The Honorable Inez M. Tenenbaum, State Superintendent of Education

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June 10, 2005

Opinion as to the applicability of Jacob’s Law to churches. Specifically, the request of an opinion in order that churches not in compliance with the statute may comply with the law if need be.

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

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May 13, 2005

Opinion concerning the applicability of the Motorcycle Safety Instruction Program to the private sector. Which state that Section 59-53-2010 et seq. is ambiguous as to whether it precludes private companies from providing services for motorcycle safety training.

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

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May 4, 2005

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

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

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April 22, 2005

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

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

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April 14, 2005

Opinion as to whether an individual serving simultaneously as Commissioner of the Barnwell County Soil and Water Conservation District and serving as Barnwell County Area Commissioner for Denmark Technical College would be in violation of the dual office holding provision of the South Carolina Constitution.

Requested by: Thomas O. Sanders, IV, Esquire

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April 8, 2005

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

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

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March 24, 2005

Opinion concerning possible dual office holding, specifically whether an individual serves on the Limestone College Board of Trustees and the Sherman College Board of Trustees, and is elected by the General Assemble to the South Carolina State University Board of Trustees. Also, if an individual serves on the Lancaster County Commission for Higher Education and is elected by the General Assembly to the Winthrop University Board of Trustees.

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

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February 8, 2005

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

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

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February 3, 2005

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

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

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February 1, 2005

Opinion questioning the extent of the State’s responsibility to provide technical assistance to poorly performing charter schools.

Requested by: The Honorable Ronald P. Townsend, Chairman, Education and Public Works Committee

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January 27, 2005

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

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

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January 12, 2005

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

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

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December 31, 2004

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

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

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December 15, 2004

Opinion “as to the legality of the State’s paying off the defaulted New Ellenton sewer system bonds.”

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

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November 24, 2004

Opinion regarding “as to whether Riverbanks Zoo and Garden is primarily an educational institution.”

Requested by: Palmer E. Krantz, Executive Director, Riverbanks Zoo and Garden

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October 15, 2004

Opinion questioning whether the Anderson County Board of Education has the authority to operate the Anderson County Alternative School or does that authority belong to the Anderson County school districts.

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

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October 15, 2004

Opinion asking several question regarding charter schools and referring to statute section 50-40-70(D).

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

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October 7, 2004

Opinion regarding “relief options” which might be available involving a situation where “non-committee members are attending meetings [of committees appointed by Mt. Pleasant Town Council], sitting with the committee and participating therewith (no voting) on a regular basis.”

Requested by: R. Allen Young, Esquire

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October 7, 2004

Opinion concerning whether lottery proceeds may be used to restore partially some of the previous reductions in the budget of the Department of Alcohol and Other Drug Abuse Services (DAODAS).

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

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October 1, 2004

Opinion is sought “as to the legality of using these methods of procurement for school building construction.”

Requested by: The Honorable Inez M. Tenenbaum, State Superintendent of Education

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August 10, 2004

Opinion questioning as to whether Mrs. Patsy Towery, Director, Center for Special Programs and Community Education at Midlands Technical College may serve on the State Auctioneers’ Commission.

Requested by: Randall Bryant, Assistant Deputy Director, South Carolina Department of Labor, Licensing & Regulation

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August 2, 2004

Opinion asking whether an individual who is hired as a faculty employee at MUSC, but who is not granted tenure status, remains in the category of a classified employee.

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

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June 23, 2004

Opinion concerning raffles.

Requested by: The Honorable Becky D. Richardson, Member, House of Representatives

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June 7, 2004

Opinion “whether the requirements for mandatory retirement age of 72 years applies to associate probate judges such that an associate judge would be required to retire upon reaching 72.”

Requested by: The Honorable A. Victor Rawl, Judge

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May 27, 2004

Opinion regarding the appointment of members to the Dorchester County Vocational Education Board of Trustees, in the context of the constitutional provisions relating to dual office holding.

Requested by: The Honorable George H. Bailey; The Honorable Annette D. Young; The Honorable Robert W. Harrell, Jr.; The Honorable Converse A. Chellis, III, Members, House of Representatives

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May 25, 2004

Opinion concerning the authority of the State Election Commission (SEC) to procure the implementation of a Uniform Statewide Voting System for South Carolina.

Requested by: The Honorable John M. Knotts, Jr.; The Honorable Greg Gregory, Members, SC Senate

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April 16, 2004

Opinion concerning the 1993 Settlement between the State and the Catawba Indian Nation. Such questions asked were regarding: video poker devices, and the South Carolina Education Lottery.

Requested by: The Honorable Glenn F. McConnell, Chairman, Senate Judiciary Committee; The Honorable Herb Kirsh; The Honorable James H. Harrison; The Honorable Becky D. Richardson; The Honorable Bessie A. Moody-Lawrence; The Honorable J. Gary Simrill, Members, House of Representatives

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March 30, 2004

Opinion regarding the prohibitions of S.C. Code Ann. Section 40-45-110(A)(1).

Requested by: The Honorable Daniel B. Verdin, III; The Honorable Ronnie W. Cromer, Members, SC Senate

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March 18, 2004

Opinion regarding the authority of the South Carolina Veterans Trust Board to disburse trust funds through direct grants to individual veterans.

Requested by: William S. Biggs, Chairman, South Carolina Veterans Trust Board

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March 17, 2004

Opinion as to the status of a member of the Newberry County Board of Education who no longer lives in the district from which the member was elected.

Requested by: V. Keith Callicut, Ph.D., District Superintendent, Newberry County School District

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March 16, 2004

Opinion questioning as to whether a law firm announcement, mailed to doctors at the address they have chosen to be listed at in the medical board directory, would be commercial solicitation for a consumer product or service.

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

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February 23, 2004

Opinion “concerning County Council’s authority over a State Judicial Circuit Solicitor’s Pre-trail Intervention Program’s funds.”

Requested by: The Honorable Donald V. Myers, Solicitor, Eleventh Judicial Circuit

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February 20, 2004

Opinion “regarding proposed changes to the governance structure of the Charleston County School District…” Specifically, whether legislation would “jeopardixe in any way, the ‘unitary status’ and thereby “lead to a reanalysis by the federal courts of whether the structure and actions of the Charleston County School District violates any equal protection rights, or any other constitutional or statutory rights?”

Requested by: The Honorable Ben A. Hagood, Jr., Member, House of Representatives

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January 7, 2004

Opinion concerning the applicability of the public purpose doctrine. Specifically, questioning the propriety of the following actions under South Carolina law.

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

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December 15, 2003

Opinion questioning whether an individual may serve concurrently as a member of the Spartanburg County Commission on Higher Education or Spartanburg County Technical Education Commission and as an elected officer of a county political party.

Requested by: The Honorable Bob Walker, Chairman, Spartanburg County Legislative Delegation

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December 3, 2003

Opinion questioning who is the code inspecting authority for certain new schools in Greenville County currently being built.

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

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November 13, 2003

Opinion as to the use of what her terms “Discretionary Funds, which have been created by the County Council of Florence County.”

Requested by: The Honorable Dean Fowler, Jr., Florence County Treasurer and The Honorable Thomas E. Smith, Jr., Member, Florence County Council

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November 4, 2003

Opinion regarding whether a lay private guardian ad litem can also serve as a volunteer Guardian Ad Litem which is under the Governor’s Office Division of Guardian Ad Litem Programs.

Requested by: The Honorable William C. Mescher, Senator, District No. 34

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November 3, 2003

Opinion “on whether the State Board of Education (State Board) has the authority to suspend or revoke a South Carolina Educator’s certificate for violations for test security laws and regulations when no criminal conviction occurs.”

Requested by: The Honorable Inez M. Tenenbaum, State Superintendent of Education

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October 14, 2003

Opinion asking the meaning of S.C. Code Section 59-5-10 as that section applies to the rotation among counties in a judicial circuit with respect to representation on the State Board of Education.

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

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October 8, 2003

Opinion regarding the Pimlico Special Tax District (PSTD) and whether the PSTD is within its authority in transferring monies collected as fees on tax bills on private organizations such as a civic club. And whether the civic club can use tax monies obtained from the PSTD to pay legal fees resulting from litigation brought by the civic club against Pimlico residents for matters such as not cleaning ditches or erecting fences.

Requested by: The Honorable William C. Mescher, Senator, District No. 44

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September 17, 2003

Opinion “regarding the interpretation and application of S.C. Code Ann. Sec. 6-1-320” and “conflict between §§ (b)(4) and (3)” of § 6-1-320.

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

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September 3, 2003

Opinion asking, in a year of reassessment, does reducing the base student cost from $2,201 per student under the Education Finance Act (EFA) formula down to $1,643 qualify for an emergency hardship for up to 10 miles under Section (D) of Act 581.

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

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August 29, 2003

Opinion asking whether the South Carolina Department of Parks, Recreation and Tourism (SCPRT) may “make a grant to the South Carolina Natural Heritage Corridor for the purpose of securing one of the Camden Tower Sheds in Charleston for the Discovery Center for Region IV of the Corridor.”

Requested by: B.J. Willoughby, General Counsel, South Carolina Department of Parks, Recreation & Tourism

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August 22, 2003

Opinion asking to interpret South Carolina code sections as it pertains to a vacancy in the Solicitor’s office.

Requested by:  The Honorable Walter M. Bailey, Jr., Solicitor, First Judicial Circuit

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June 30, 2003

Opinion asking whether the Charleston County School District (CCSD) can impose, as a term of the lease, the provisions of the exclusive vending contract between Pepsi and CCSD under the South Carolina Charter School Act of 1996.

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

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June 24, 2003

Opinion concerning administration of the South Carolina Centers of Economic Excellence Act (RCEE) and the matching funds requirement contained in the Act.

Requested by: Edward T. McMullen, Jr., Chairman, South Carolina Research Centers of Economic Excellence Review Board

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June 24, 2003

Opinion asking whether the State Ethics Commission has the authority to find a state statute, or any part thereof, unconstitutional and dismiss a charge against a public official as a result.

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

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June 3, 2003

Opinion regarding a county’s usage of surplus funds from tax levies collected on behalf of and appropriated for school districts within the county.

Requested by: The Honorable John D. Hawkins, Senator, District No. 12

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May 19, 2003

Opinion concerning the legality of on-duty charitable activities by employees of the St. John’s Fire District.

Requested by: Donald Howe, Esquire

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May 8, 2003

Opinion regarding the State Department of Education Regulation pertaining to the purchase of a property by a school district.

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

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May 6, 2003

Opinion regarding the constitutionality of a proposed bill concerning real estate transfer fees.

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

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April 29, 2003

Opinion asking to review bill S. 203 (establishing the South Carolina Higher Education Equalization Program) for constitutionality. Specifically, whether S.203 could pass constitutional muster, particularly Article XI, § 4 of the South Carolina Constitution.

Requested by: The Honorable Darrell Jackson, Senator, District No. 21

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April 28, 2003

Opinion asking whether a person serving on the Central Midlands Council of Government holds an office for dual office holding purposes.

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

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April 3, 2003

Opinion concerning the propriety of certain appointments to local boards or commissions and public service districts.

Requested by: The Honorable Ronald P. Townsend, Chairman, Education and Public Works Committee

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March 19, 2003

Opinion regarding dual office holding. Specifically, an individual who has been appointed by Hampton County Council to the Hampton County Economic Development Board is also seeking appointment by Hampton County Council to the Lowcountry Work Force Investment Board.

Requested by:  A.G. Solomons, Jr., Esquire, Hampton County Attorney

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March 13, 2003

Opinion asking “whether or not it would violate the dual office holding prohibition of the South Carolina Constitution for a CPW Commissioner to also serve as a member of the GLEAMNS Commission.”

Requested by: William B. Patrick, Jr., Esquire

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March 10, 2003

Opinion regarding the authority for Coastal Carolina University (“CCU”) to issue replacement diplomas for those persons who graduated prior to July 1, 1993.

Requested by: Edgar Dyer, University Counsel, Coastal Carolina University

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March 4, 2003

Opinion “as to whether the current method by which the General Assembly elects in joint session is constitutional.”

Requested by: The Honorable Scott H. Richardson, Senator, District No. 46

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February 12, 2003

Opinion concerning the application of S.C. Code Ann. §12-37-251. Specifically, asking whether the Cherokee Springs Fire District “…can collect millage under …[12-37-251] and in this manner?”

Requested by: Patrick Murray, Fire Chief, Cherokee Springs Fire District

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January 10, 2003

Opinion regarding the re-appointment of a magistrate whose term is set to expire April 30, 2003.

Requested by: The Honorable André Bauer, Senator, District No. 18

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January 7, 2003

Opinion asking “as to the legality of a certain provision of H. 4879 (The Budget Proviso Codification Bill) which relates to distribution of state lottery funds to private educational institutions.”

Requested by: The Honorable John Graham Altman, III, Member, House of Representatives

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January 6, 2003

Opinion regarding the State Board of Education’s adoption of a uniform state date(s) for public schools.

Requested by:  The Honorable Ronald P. Townsend, Chairman, Anderson County Legislative Delegation

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December 20, 2002

Opinion regarding the State Board of Education’s adoption of a uniform start date(s) for public schools.

Requested by: The Honorable Ronald P. Townsend, Chairman, Anderson County Legislative Delegation

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December 17, 2002

Opinion as to whether a “member of our Union County Fair Board [who is] …appointed to Union County Election Commission” may simultaneously hold both positions without contravention of the dual office holding provision of the South Carolina Constitution.

Requested by: William F. James, Chairman, Union County Agricultural Fair Association

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December 3, 2002

Opinion asking as to whether your “accepting a seat on South Carolina’s newly formed Conservation Voters of South Carolina volunteer board” while also serving on the South Carolina Consumer Affairs Commission would constitute dual office holding in contravention of the South Carolina Constitution.

Requested by: Barbara B. League

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November 19, 2002

Opinion regarding “whether an appointment to the GLEAMNS Human Resources Commission, Inc. along with an appointment to the Greenwood Metro Board (Water District) is considered dual office holding.”

Requested by: Joseph D. Patton, Executive Director, GLEAMNS Human Resources Commission, Inc.

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November 12, 2002

Opinion regarding the eligibility of employees of ATC Vancom and TCT for participation in the South Carolina Retirement Systems.

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

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September 26, 2002

Opinion concerning applications of the newly-enacted Family Privacy Protection Act of 2002.

Requested by: Ronald W. Urban, Chief Counsel for Revenue Litigation, Department of Revenue

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September 20, 2002

Opinion concerning whether serving in the House and on the governing Board of North Greenville College violates the dual office holding provision of the South Carolina Constitution.

Requested by: Mr. Joseph G. Mahaffey

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September 17, 2002

Opinion as to “whether Act 225 passed by the General Assembly this year prohibits the dissemination of real estate information to members of the public if that information is to be used for commercial purposes.”

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

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August 27, 2002

Opinion concerning several sections of the South Carolina Charter Schools Act of 1996, as recently amended, which you authored,  “are being seriously misinterpreted” in such a manner that “will drastically slow down the entire application process for new charter schools in our state, in complete contravention of the spirit and intent of our amendments.”

Requested by: The Honorable Scott H. Richardson, Member, SC Senate

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July 26, 2002

Opinion regarding dual office holding, specifically serving on the Beaufort County Transportation Committee by appointment, and serving on the State Board for Technical and Comprehensive Education from the Second Congressional District.

Requested by: W. Brantley Harvey, Jr., Esquire, Harvey & Battey, PA

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July 24, 2002

Opinion regarding a new statute recently enacted, S.C. Code Ann. Sec. 17-5-535. Specifically, requesting “a written … opinion that clears us to use photographs and/or videos in appropriate training circumstances.”

Requested by: The Honorable Gary Watts, Richland County Coroner

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June 24, 2002

Opinion asking whether a Health Services District may legally make a political contribution to a State candidate or State political action committee; or whether a Health Services District may establish a separate segregate fund to be utilized for political purposes pursuant to U.S.C. § 441b(b)(2)(C).

Requested by: The Honorable Doug Smith, Speaker Pro Tempore, South Carolina House of Representatives

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June 13, 2002

Opinion responding to “concerns that Lexington Richland School District Five has violated state law.” Specifically, whether a legislator is required to pay charges for information when carrying out their legislative duties.

Requested by: The Honorable Richard M. Quinn, Jr., Member, House of Representatives

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May 28, 2002

Opinion asking is it legal for a Municipality to contract with a School District to provide law enforcement services for a High School, which is approximately 1.5 miles outside the Corporate limits and if it were legal, would Municipal Police Officers have full Law Enforcement powers (arrest, citations & accident investigations, etc.)?

Requested by: Kenneth W. Arthur, Chief of Police, Pendleton Police Department

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May 24, 2002

Opinion requesting as to whether the Education Oversight Committee must give prior consent to standards and assessments adopted by the State Board of Education under S.C. Code Ann. § 59-18-320(D)(Supp. 2001) of the Education Accountability Act.

Requested by: The Honorable Mike Fair, Member, South Carolina Senate, The Honorable Thomas G. Keegan, Member, South Carolina House of Representatives, The Honorable William C. Mescher, Chairman, Senate General Committee

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May 16, 2002

Opinion noting that it has come to your attention that state and county agencies may be disclosing information contained in the records of service of military veterans, otherwise known as DD Form 214.

Requested by: The Honorable Converse A. Chellis, III, Member, House of Representatives

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May 13, 2002

Opinion asking whether one serving on three separate boards would be dual office holding under the South Carolina Constitution.

Requested by: Greg Ohanesian, Esquire

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May 2, 2002

Opinion asking “can attorneys be paid through a nonprofit organization to provide legal services to clients the organization serves?” Specifically, if S.C. Code Ann. §40-5-320, which prohibits a corporation from practicing law.

Requested by: The Honorable J.G. McGee, III, Member, House of Representatives

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April 30, 2002

Opinion concerning “[t]he Medical University if South Carolina (MUSC) as to its responsibilities for the present Area Health Consortium (AHEC) and its various programs.” Specifically, is MUSC legally responsible for funds appropriated by the Legislature for the benefit of AHEC which through MUSC, the programs and activities of AHEC, and its obligations or responsibilities for the oversight of other AHEC activities in assuring that the organization complies with its stated mission and goal.”

Requested by: Joseph C. Good, Jr., General Counsel, Medical University of South Carolina

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March 25, 2002

Opinion asking whether the General Assembly may, by statute, authorize South Carolina’s participation in multi-state lottery games.

Requested by: The Honorable Michael E. Easterday, Member, House of Representatives;  The Honorable Dwight A. Loftis, Member, House of Representatives;  The Honorable Robert W. Leach, Member, House of Representatives;  The Honorable Glenn L. Hamilton, Member, House of Representatives; The Honorable Lewis R. Vaughn, Member, House of Representatives

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March 12, 2002

Opinion asking whether the Family Education and Privacy Rights Law (20 U.S.C. § 1232(2)) [Buckley Amendment] prohibits an individual school board member from having access to student records, as distinguished from other records (such as financial records, personnel records) of the District.

Requested by: Dr. Phillip J. McDaniel, Superintendent, Rock Hill School District

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January 30, 2002

Opinion concerning a regulation governing the operation of the State Farmers Markets which has been promulgated by the South Carolina Department of Agriculture.

Requested by: The Honorable D. Leslie Tindal, Commissioner, SC Department of Agriculture

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January 29, 2002

Opinion regarding the constitutionality of the Anderson County Board of Education as established by Act. No. 510, 1982 SC Acts 3420.

Requested by: The Honorable Ronald P. Townsend, Chairman, Anderson County Legislative Delegation

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January 23, 2002

Opinion on dual office holding (serve as Mayor of the City of Spartanburg and as a member of the Education Oversight Committee).

Requested by: Jo Anne Anderson, Executive Director, Education Oversight Committee

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December 18, 2001

Opinion relating to S.C. Code Ann. § 16-3-1750, which creates an action in magistrate’s court allowing a person to seek a restraining order against an individual who may be engaged in the harassment or stalking of that person. The opinion clarifies the appropriate venue for the filing of such an order.

Requested by: Lieutenant Richard F. Moser, City of Charleston Police Department

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December 3, 2001

Opinion addressing whether a principal may require students to attend make-up sessions for doctor prescribed absences in excess of the ten unexcused absences allowed by law and whether a principal can
charge a fee for the program.

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

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September 12, 2001

Opinion “regarding the educational requirements for service as a magistrate in South Carolina.”

Requested by: The Honorable W. Greg Ryberg, Senator, District No. 24

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August 3, 2001

Opinion concerning the Setoff Debt Collection Act and its application to a public benefit nonprofit corporation.

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

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July 18, 2001

Opinion concerning whether a dual office holding situation exists if a South Carolina independent college president serves simultaneously as the ex officio member representing the independent colleges on the S.C. Commission on Higher Education and as a member of the S.C. Tuition Grant Commission.

Requested by: Edward M. Shannon, III, Executive Director, South Carolina Higher Education Tuition Grants Commission.

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June 27, 2001

Opinion regarding the application of the ex post facto clauses of the South Carolina and U.S. Constitutions to the recent increase in the fee for the Alcohol and Drug Safety Awareness Program (ADSAP) pursuant to amendments to S.C. Code Ann. § 56-5-2990.

Requested by: Karl G. Rouse, Law Clerk, South Carolina Department of Alcohol and Other Drug Abuse Services

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May 8, 2001

Opinion concerning whether a dual office holding situation exists if a member of the Horry County Planning Commission and the South Carolina State Board for Technical and Comprehensive Education.

Requested by: Mr. John L. Weaver, III, Esquire

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April 9, 2001

Opinion concerning the inspection of school district facilities by local county inspection officials.

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

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March 28, 2001

Opinion concerning the eligibility of employees of the S.C. Midlands EMS Management Association for participation in the state health dental insurance plan.

Requested by: Chris K. Cothran, Executive Director, SC Midlands Emergency Medical Service Management Association

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March 27, 2001

Opinion concerning whether “an employee of a technical college [would] be eligible to serve on the Area Commission for Technical Education.”

Requested by: The Honorable Glenn F. McConnell, Member, South Carolina Senate

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March 20, 2001

Opinion concerning “whether passage of [H.3903] would result in a loss to the State of federal Title X family planning funds.”

Requested by: The Honorable George E. Campsen, Member, House of Representatives

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February 27, 2001

Opinion concerning whether a dual office holding situation exists if a member of Spartanburg County Council simultaneously serves as a member of the County Commission on Higher Education.

Requested by: The Honorable John D. Hawkins, Senator, District No. 12

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February 26, 2001

Opinion concerning a recent increase in rates for copies of drivers’ records.

Requested by: The Honorable Joe Wilson, Senator, District No. 23

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February 21, 2001

Opinion concerning the application of S.C. Code Ann. §§ 56-5-195 and 56-5-196.

Requested by: Richard L. Pearce, Esquire

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February 9, 2001

Opinion concerning whether a dual office holding situation exists if a member of the South Carolina House of Representatives simultaneously  as a member of the South Carolina Economic Education Council.

Requested by: The Honorable James S. Klauber, Member, House of Representatives

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January 2, 2001

Opinion on the use of credit card by a county for small purchases. Specifically, asking if Aiken County can legally enact an ordinance to enter into such a contract for county purchasing card.

Requested by: Robert M. Bell, Esquire

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December 13, 2000

Opinion requesting proper interpretation of S.C. Code Ann. § 17-22-150 (1976).

Requested by: James A. Quinn, Assistant Chief Counsel, SC Department of Natural Resources

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October 31, 2000

Opinion regarding the constitutionality of random drug testing of public employees.

Requested by: Cynthia Burns Polk, Esquire

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October 27, 2000

Opinion concerning the fees charged by various public institutions of higher learning for their courses.

Requested by: John E. Smalls, Director of Finance, Facilities, and Statistical Services, South Carolina Commission on Higher Learning

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October 17, 2000

Opinion asking whether a dual office holding situation exists if an individual serves as a member of a local government planning commission while simultaneously holding a paid position with the local government’s planning department.

Requested by: Richard L. Pearce, Esquire

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October 16, 2000

Opinion concerning the allowable millage rate imposed by a special purpose district.

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

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September 26, 2000

Opinion addressing the constitutionality of certain local legislation.

Requested by: The Honorable Andre Bauer, South Carolina State Senate

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September 12, 2000

Opinion asking whether an opening prayer to start the meetings of the Charleston County School Board is constitutional under the First Amendment Establishment Clause.

Requested by: Elizabeth Alston, Chairman, Charleston County School District

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August 18, 2000

Opinion concerning the application of the Comprehensive Health Education Act to particular health education program being used in many of South Carolina’s public schools.

Requested by: The Honorable Glenn F. McConnell, Senator, District No. 41

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August 16, 2000

Opinion as to whether the Anderson County Board of Education has the authority to levy a county-wide millage increase and direct the revenues therefrom to only two of the five school districts in Anderson County.

Requested by: Mr. Fred Alexander, Chairman, Anderson School District One Board of Trustees

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June 15, 2000

Opinion requesting as to whether a city inspector may require a prime contractor or sub-contractor to obtain a building permit and pay licensing fees for your school district’s current expansion projects.

Requested by: Buddy Herring, Superintendent, Oconee County School District

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May 1, 2000

Opinion asking whether a proviso contained in the House Appropriation Bill is permissible under state law.

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

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April 27, 2000

Opinion asking whether more than thirteen members may be appointed to a local advisory committee pursuant to S.C. Code Ann. §59-32-30 of Comprehensive Health Education Act.

Requested by: Ms. Elizabeth Alston, Chairman, Charleston County School Board of Trustees

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April 25, 2000

Opinion concerning the constitutionality of Internet filters.

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

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April 6, 2000

Opinion asking if the Probate Judges Association has approved a bill which provides tiers of qualifications for probate judges based on county population, and whether it is constitutional.

Requested by: The Honorable Raymond C. Eubanks, Jr., Judge, Probate Court

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March 23, 2000

Opinion asking whether the Legislative Audit Council has the authority to conduct audits of regional transportation authorities, specifically the Pee Dee Regional Transportation Authority.

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

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February 28, 2000

Opinion referencing an opinion letter from legal counsel representing the Charleston County School District.

Requested by: The Honorable Ernest L. Passailaigue, Jr., Senator, District No. 43

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February 15, 2000

Opinion asking about provisional and restricted South Carolina driver’s licenses.

Requested by: Jeremy M. Keller, Chief of Police, North Police Department

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January 17, 2000

Opinion asking whether a dual office holding situation exists if a member of the State Board of Education simultaneously serves on the Edgefield County Hospital Board.

Requested by: Clarence Dickert, Member, State Board of Education

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October 6, 1999

Opinion responding to a question posed by a constituent as to whether his children may attend school free of charge in a school district in which they own property, but do not reside.

Requested by: The Honorable Ronald P. Townsend, Chairman, House Education and Public Works Committee

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September 24, 1999

Opinion concerning the limits which the First Amendment imposes upon school officials and/or a local school board in determining that a book in question should be removed from the high school library.

Requested by: The Honorable Harry C. Stille, Member, House of Representatives

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August 25, 1999

Opinion asking whether the Irmo-Chapin Recreation District possesses the authority to construct and operate the Saluda Shoals Park.

Requested by: The Honorable Joe Wilson, Member, South Carolina Senate

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August 5, 1999

Opinion asking whether you, as Chairman, the Superintendent of Education of Greenville County and an executive officer of the Greenville Higher Education Center Advisory Council serve ex offico as members of the Greenville County Commission for Technical Education.

Requested by: Mr. Roger D. Meek, Chairman, Board of Trustees of School District of Greenville County

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July 26, 1999

Opinion asking whether the dual office holding prohibitions of the South Carolina Constitution would be violated if an individual were to simultaneously serve as a member of the Greenwood County Council and as a member of the State Board of Nursing.

Requested by: W. Lee Roper, Esquire

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July 23, 1999

Opinion addressing whether a South Carolina rural electric cooperative (“SCREC”), either through a subsidiary or otherwise, may lawfully engage in the business of offering products and services other than electric power.

Requested by: The Honorable Ronald P. Townsend, Chairman. House Education and Public Works Committee and The Honorable John C. Land, III, Senate Majority Leader

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July 1, 1999

Opinion advising as to whether a school district board of trustees may permit the free attendance at its schools of the children of a teacher when the teacher and children reside out-of-state.

Requested by: The Honorable Herbert Kirsh, Member, House of Representatives

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June 22, 1999

Opinion asking whether constables may be employed by school districts.

Requested by: Mr. Jeffery McWhorter, Director, Department of Public Safety, Berkeley County School District

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June 21, 1999

Opinion asking whether a dual office situation would exist if a highway patrolman simultaneously served as a member of the Newberry County School Board.

Requested by: The Honorable Andre Bauer, Senator, District No. 18

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May 3, 1999

Opinion clarifying the functions and responsibilities of the South Carolina Commissioner of Agriculture in light of the fact that the Office of Commissioner is a constitutional office.

Requested by: The Honorable D. Leslie Tindal, Commissioner, SC Department of Agriculture

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April 30, 1999

Opinion on the constitutionality of Senate Bill 684.

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

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April 22, 1999

Opinion regarding the constitutionality of proposed Regulation 35-24, which would amend existing continuing education criteria for individuals falling under the authority of the State Board of Cosmetology.

Requested by: The Honorable Charles R. Sharpe, Member, House of Representatives

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March 26, 1999

Opinion informing that Mr. Anthony Carpenter was elected to the Board of Education of Laurens County School District 55 on March 2, 1999 and will take office on April 1, 1999.

Requested by: Edgar C. Taylor, Ed.D., Superintendent, Laurens County School District 55 and Anthony Carpenter, Board Member Elect, Laurens County School District 55

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March 16, 1999

Opinion concerning Chapter 26 of Title 43, Operation of Vending Facilities by Blind Persons.

Requested by: Gerry Urbanic, Director, Department of Legal Services, Charleston County School District

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March 16, 1999

Opinion asking whether a dual office holding situation exists if a member of the City of North Myrtle Beach Board of Zoning Appeals simultaneously serves on the Horry County Higher Education Commission.

Requested by: The Honorable Liston D. Barfield, Chairman, Horry County Legislative Delegation

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March 12, 1999

Opinion asking whether “the elected County Treasurer, as a non-attorney, [may] present a case before Magistrate’s Court, as a representation of the County.”

Requested by: The Honorable Elizabeth C. Hair, Sumter County Treasurer

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February 4, 1999

Opinion as to whether the Education Accountability Act prohibits boards of trustees from holding an appeals hearing and then promoting a student based upon the information presented at the hearing even though the student’s assessment results indicate that standards have not been met.

Requested by: The Honorable Ronald P. Townsend, Chairman, House Education and Public Works Committee

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January 26, 1999

Opinion asking whether a local school district in Clarendon County may approve a charter school application  and file it with the State Board of Education without the approval of the County Board of Education.

Requested by: The Honorable Alex Harvin III, The Majority Leader Emeritus, South Carolina House of Representatives

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December 4, 1998

Opinion requesting on the application of Act No. 577 of 1992, as it relates to the 1998-1999 Allendale County School District budget.

Requested by: Elizabeth Kearse Gooding, Esquire, Allendale County Attorney

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November 24, 1998

Opinion asking about “the constitutionality of the General Assembly placing an appointed board in the position to have authority over the State Board of Education, the State Superintendent of Education, and/or the State Department of Education.”

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

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September 25, 1998

Opinion noting that the Legislative Audit Council is currently conducting a review of the State’s management of real property.

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

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September 21, 1998

Opinion noting that “on several occasions it has been requested by certain state governmental entities, agencies and departments that the [Juvenile] Parole Board provide certain information pertaining to juveniles from our agency’s records.”

Requested by: Karen A. Walto, Chairperson, Board of Juvenile Parole

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September 21, 1998

Opinion relating to your organization’s development plans for a charter school with a grant from the State Department of Education.

Requested by: Tammy D. Crooks, Special Assistant for Charter School Development, Williamsburg Enterprise Community Commission, Inc.

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August 21, 1998

Opinion asking whether the board of directors of the Gift of Life Trust Fund (hereinafter the “Trust”) is required by its enabling legislation to invest trust monies only in pooled investment funds maintained by the state.

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

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August 19, 1998

Opinion noting that “[t]he question has arisen concerning the propriety of a municipal traffic court pre-trial program which allows individuals who have been charged with a traffic offense which does not carry a mandatory driver’s license suspension and does not carry a point value in excess of four points to have the charge dismissed upon completion of a driver education course.”

Requested by: Robert L. McCurdy, Staff Attorney, South Carolina Court Administration

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August 10, 1998

Opinion asking whether the State Department of Education may allow each school to authorize its students to vote to post a copy of the Ten Commandments in the school lobby without using public funds.

Requested by: The Honorable Bradley Jordan, Member, House of Representatives

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July 22, 1998

Opinion concerning whether  a dual office holding situation exists if a member of the board of the Pickens County Water Authority simultaneously serves as a member of the board of Powdersville Water Company.

Requested by: Mr. Cecil Bracken, Powdersville Water Company, Inc.

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June 22, 1998

Opinion as to whether Act. No. 287 of 1989 is still in effect and whether the Board of Education must still be elected from the same method as the county council to which Act 287 makes reference.

Requested by: Mr. Bobby Bowers, Office Director, State Budget and Control Board

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May 14, 1998

Opinion asking whether a state constitutional amendment requiring a “moment of silence” in all South Carolina schools is valid under the federal Establishment Clause; further, whether a school voucher system authorized by the State Constitution would be constitutionally permissible under the First Amendment; and finally whether an amendment to Article XII, § 2 of the South Carolina Constitution, removing the requirement of “rehabilitation” of inmates and replacing it with a requirement of all able-bodies inmates to work is valid under the federal Constitution.

Requirements by: The Honorable Larry K. Grooms, Senator, District No. 37

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April 6, 1998

Opinion advising as to whether the term license is synonymous with the term certificate so as to be a substitute for the latter term in the teacher certification process.

Requested by: The Honorable J. Alex Stanton, IV, Chair, South Carolina State Board of Education

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March 19, 1998

Opinion reviewing Francis Marion University about scholarship aid, as in S.C. Code 59-112-70.

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

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March 11, 1998

Opinion as to the constitutionality of a State regulation which denies certain “non-permanent resident aliens” in-State rates when they are dependents of qualified residents, although citizens who are dependents of qualified residents are entitled to in-State rates.

Requested by: Dr. Rayburn Barton, Executive Director, South Carolina Commission on Higher Education

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March 5, 1998

Opinion asking whether us of public ground, such as the Courthouse Square, by a religious group for a religious ceremony would violate the Establishment Clause.

Requested by: The Honorable Molly M. Spearman, Member, House of Representatives

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February 25, 1998

Opinion asking as to whether certain documents related to the recruitment of industry, but created after a business has decided to locate in South Carolina, are subject to the Freedom of Information Act.

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

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February 10, 1998

Opinion asking if our opinion of January 13, 1998 would govern to require the School District of Greenville County to allow Riverside High School to permit student Bible Club members to meet at the same time as the school permits other clubs to meet.

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

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January 13, 1998

Opinion on whether the Fellowship of Christian athletes may meet during time set aside during the school day when non-academic related clubs are permitted to meet.

Requested by The Honorable Michael L. Fair, Member, South Carolina Senate.

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December 29, 1997

Opinion referencing Whitner v. State of South Carolina, Op.  No. 24468 (October 1997) and addressing how that case relates to the mother’s non-criminal conduct.

Requested by: Janet T. Butcher, General Counsel, South Carolina Department of Social Services

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December 17, 1997

Opinion noting that the Strom Thurmond Monument Commission, which was created by the South Carolina General Assembly to establish a monument on the State House grounds to recognize the service of Senator Strom Thurmond, is raising funds entirely from private sources to pay for the monument.

Requested by: The Honorable John Courson, Chairman, Strom Thurmond Monument Commission

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November 24, 1997

Opinion questioning whether the City of Rock Hill may provide  The Saint Anne Church with $65,000, and in return receive ownership of the sewer line.

Requested by: Emil W. Wald, Esquire

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November 24, 1997

Opinion advising as to whether a student is entitled to free college tuition as the son of a disabled veteran who has moved to North Carolina.

Requested by: The Honorable Douglas Jennings, Jr., Member, House of Representatives

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November 17, 1997

Opinion clarifying two issues which have come to your attention following the South Carolina Supreme Court’s recent decision Weaver, et al. v. Recreation District, et al., (S.C. Sup. Ct. filed October 13, 1997)(Davis Adv. Sh. No. 29 at 8).

Requested by: The Honorable Mickey Whatley, Member, House of Representatives

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October 28, 1997

Opinion referencing House Bill 3820, the proposed Psychology Practice Act. Therein, Section 40-55-90 is amended “to address exemptions from the psychology practice act.”

Requested by: Charles F. Reid, Chief of Staff and Counsel to Speaker, Office of the Speaker, South Carolina House of Representatives

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October 15, 1997

Opinion requesting advice as to whether the consent provisions of § 59-19-250 (1976) apply to Lexington County School District Four when the Lexington County Board of Education has been abolished and its powers devolved upon the school districts board of trustees of that County pursuant to Act No. 601, 1994 S.C. Acts 6068.

Requested by: The Honorable Joe Wilson, Senator, Lexington County

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September 23, 1997

Opinion regarding Proviso 19.11 of the Appropriations Act.

Requested by: The Honorable Barbara Stock Nielsen, State Superintendent of Education, State Department of Education

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September 22, 1997

Opinion requesting advice as to payment of salaries or per diem for members of the Orangeburg County consolidated school board and the County Board of Education established by Act No. 526, 1996 S.C. Acts.

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

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September 19, 1997

Opinion questioning: was the power of the Greenwood County Board of Education to approve the issuance of school bonds under Section 59-71-30 of the South Carolina Code of Laws developed upon the Greenwood County Council upon the dissolution of the Greenwood County Board of Education and what, if any, powers and duties of the Greenwood County Board of Education, other than those powers and duties necessary to the winding up of the Board of Education’s operations and affairs, were devolved upon Greenwood County Council?

Requested by: W. Lee Roper, II, Esquire

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September 18, 1997

Opinion concerning the legality of using the words ‘psychology’ or ‘psychological’ in the professional title of ‘Licensed Specialist in School Psychology’.

Requested by: Charles F. Reid, Chief of Staff and Counsel to Speaker, Office of the Speaker, South Carolina House of Representatives

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August 29, 1997

Opinion regarding the Board of Trustees of the School Districts of Anderson County.

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

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August 21, 1997

Opinion asking this Office to examine a copy of Straight Talk, A Magazine for Teens to determine if it is in compliance with S.C. Code Ann. Sec. 59-32-5 et seq., the Comprehensive Health Education Act.

Requested by: The Honorable William E. “Bill” Sandifer, Member, House of Representatives

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August 20, 1997

Opinion requesting as to whether under the circumstances described in your letter, a violation of the Freedom of Information Act, or any other provision of law, may have occurred.

Requested by: The Honorable Harry C. Stille, Member, House of Representatives

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August 18, 1997

Opinion seeking as to whether the Legislative Audit Counsel possess the authority to conduct an audit of the GLEAMNS Human Resources agency.

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

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August 15, 1997

Opinion asking whether the Union County School Board has the power to increase their per diem pay or if that power rests with the Union County Legislative Delegation.

Requested by: The Honorable Ronald N. Fleming, Member, House of Representatives

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August 7, 1997

Opinion regarding the scope of S.C. Code Ann. Sec. 16-3-1040.

Requested by: The Honorable Ralph J. Wilson, Solicitor, Fifteenth Judicial Circuit

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August 5, 1997

Opinion advising as to whether the Spartanburg County School Districts have been devolved the power to levy taxes to pay for multi-district agreements.

Requested by: J. Mark Hayes, Esquire

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July 23, 1997

Opinion regarding the Comprehensive Health Act (Act) (S.C. Code Ann. §59-32-5, et seq. (1990)).

Requested by: G. Steven Suits, MD, Member, Health and Safety Curriculum Review Panel

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July 23, 1997

Opinion regarding “any applicable law… [with respect] to picketing or protesting at the entrance or around a State supported college.”

Requested by: James T. Bagnall, Chief, Department of Public Safety, Denmark Technical College

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July 15, 1997

Opinion concerning the “practical implementation” of S.616, R.201 (Act No. not yet assigned).

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

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July 9, 1997

Opinion requesting on whether it is proper for members of the Georgetown County Planning Commission (hereinafter the “Planning Commission”) to make ex parte communications with interested parties in matters pending before the Commission.

Requested by: Jack M. Scoville, Jr., Esquire

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July 9, 1997

Opinion noting that S.C. Code Ann. Sec. 15-78-140 states that political subdivisions purchasing tort liability through the Insurance Reserve Fund must purchase all its coverage through the fund.

Requested by: Albert C. Byrd, CPCU, Manager, Property/Casualty Department, State Budget and Control Board

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June 27, 1997

Opinion regarding the status and constitutionality of Section 3 of Act No. 748 of 1978 and, more particularly, whether the provision that “the superintendent shall be appointed for a term of three years” can be interpreted to apply only to the initial appointment of a superintendent, or is it to be interpreted as requiring the Board to appoint the superintendent for a three year term not only initially but always and only for a three year term.

Requested by: The Honorable Warren J. Jeffords, Chairman, Darlington County Board of Education

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June 26, 1997

Opinion concerning the constitutionality of Section 65 of Part II of the  1997 Appropriations Bill.

Requested by: James M. Holly, Chief of Staff, Office of the State Treasurer

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June 19, 1997

Opinion asking whether a dual office holding situation exists if a member of the Sumter County Transportation Committee simultaneously serve on the Mid-Carolina Commission for Higher Education.

Requested by: C. Leslie Carpenter, Dean of the University, University of South Carolina-Sumter

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June 4, 1997

Opinion asking as to a charter school’s eligibility to purchase insurance coverage through the Insurance Reserve Fund.

Requested by: Albert C. Byrd, CPCU, Manager, Property-Casualty Department. South Carolina Insurance Reserve Fund

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May 29, 1997

Opinion “seeking both clarification and guidance incident to the Lighthouse Charter School’s diligent efforts to achieve both the racial composition for the student body and to conduct a lottery as required by statute.”

Requested by: James P. Scheider, Jr., Esquire

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May 13, 1997

Opinion noting that this Office concluded that a school district is without authority to pay a school board member’s or an employee’s expenses of representation in a criminal proceeding and inquiring as to “[w]hat legal remedies would be available when public funds continue to be expended for this unlawful purpose?”

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

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April 7, 1997

Opinion seeking as to “the application of the Charter School Act of 1996 of South Carolina, which was passed by the South Carolina Legislature with the purpose of increasing choices for education of South Carolina families.

Requested by: The Honorable Edith M. Rodgers, Member, House of Representatives

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March 25, 1997

Opinion requesting the advice as to the constitutionality of Senate Bill 402 (S402).

Requested by: The Honorable Eugene C. Stoddard, Member, House of Representatives

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March 25, 1997

Opinion asking for an interpretation “as to which court has jurisdiction to enforce title 59 Section 65-20 of the 1976 Code of Laws of South Carolina, as amended.”

Requested by: The Honorable Lee S. Alford, Family Court Judge for the Sixteenth Judicial Circuit

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March 13, 1997

Opinion regarding the constitutionality of Act number 515 of 1996. This Act transfers the power of appointment from the Georgetown County Legislative Delegation to the governing body of Georgetown County.

Requested by: The Honorable Yancey McGill, Member, South Carolina Senate

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March 12, 1997

Opinion regarding use of the Water Recreation Resources Fund.

Requested by: The Honorable Holly A. Cork, Member, South Carolina Senate

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March 7, 1997

Opinion requesting advice as to what power or authority the Piedmont Area Technical College Area Commission has to “…encourage the count[ies] within the [Commission’s service] district to pay its fair share.”

Requested by: E.W. Roberts, Chair, Piedmont Area Technical College Area Commission

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March 3, 1997

Opinion concerning Winthrop’s “practice of allowing Charlotte-area students to pay the lower in-state tuition rate.”

Requested by: The Honorable Herbert Kirsh, Member, House of Representatives

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February 21, 1997

Opinion requesting advice as to “the status and constitutionality” of Act 748 §3, 1978 S.C. Acts 2419.

Requested by: The Honorable Warren J. Jeffords, Chairman, Darlington County Board of Education

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February 4, 1997

Opinion asking “whether the statute concerning custody of the jail being the responsibility of the board of commissioners in Sumter County is current and applicable.”

Requested by: Jerry A. Hyatt, Regional Administrator/Executive Director, Santee-Lynches Regional Jail System

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January 30, 1997

Opinion requesting an interpretation of S.C. Code Ann. § 2-1-120 in regard to a public school teacher’s  ability to serve in the General Assembly.

Requested by: The Honorable Molly M. Spearman, Member, House of Representatives

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January 10, 1997

Opinion stating that you are very concerned about partial birth abortions in light of “last year’s failure by the United States Congress to ban these types of late-term abortions.”

Requested by: The Honorable James S. Klauber, Member, House of Representatives

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January 8, 1997

Opinion asking whether the City of Newberry may contract with the Newberry Family YMCA to provide recreation programs for city residents.

Requested by: The Honorable T. Edward Kyzer, Mayor, City of Newberry

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December 23, 1996

Opinion regarding your upcoming change of residency from Beaufort County Council District 1, which you currently represent, to District 2.

Requested by: The Honorable Thomas C. Taylor, Chairman, Beaufort County Council

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December 15, 1996

Opinion requesting advice as to whether provisions of Act No. 189, 1995 S.C. Acts 1561 exempt Spartanburg County school districts from obtaining the consent of the Spartanburg County Board of Education or County Council pursuant to § 59-19-250 (1990) before selling district property.

Requested by: J. Mark Hayes, Esquire

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December 15, 1996

Opinion regarding the maintenance of local effort requirements for school districts set forth in S.C. Code Ann. § 59-21-1030 (Supp. 1995) which was addressed in an informal opinion dated September 30, 1996.

Requested by: The Honorable TEC Dowling, Superintendent, Newberry County School District

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December 13, 1996

Opinion relating to the means of resignation from a position on the Spartanburg Technical College Area Commission and whether any such resignation may be withdrawn.

Requested by: Donald R. Peterson, Associate director for Finance, State Board for Technical and Comprehensive Education.

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December 10, 1996

Opinion requesting advice as to whether the Department of Education has the authority to withhold transportation funds from a school district in the amount of monies owed by any such district to the Department for use of the buses for any purposes which are not interpreted by the Department to be required by State law.

Requested by: The Honorable Barbara Stock Nielsen, State Superintendent of Education, State Department of Education

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November 27, 1996

Opinion principally concerned in the area of persons jailed for contempt for failure to pay child support.

Requested by: The Honorable Jack I. Guedalia, Charleston County Magistrate

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November 19, 1996

Opinion requesting as to “whether Oconee County which approves the School District of Oconee County’s budget, can apply for a grant and have the grant funds, if approved, be administered by the School District.”

Requested by: The Honorable Thomas C. Alexander, Senator, District No. 1

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November 18, 1996

Opinion requesting advice as to whether the Commission of Higher Education may release data concerning students such as SAT scores when the “student identifier” is not released.

Requested by: The Honorable Fred R. Sheheen, Commissioner, South Carolina Commission of Higher Education

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November 18, 1996

Opinion asking when the term of office begins for a member of the Newberry County Board of Education.

Requested by: Mr. Bernard Nichols, Member-Elect, Newberry County Board of Education

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November 13, 1996

Opinion expressing concern regarding students who are expelled from school for having in their possession loaded firearms while at school.

Requested by: James A. Taylor, Ph. D., Hearing Officer, Richland County School District One

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October 30, 1996

Opinion asking “does one permit qualify an individual to carry all types or styles of handguns or do they have to pass a SLED qualification for each style or each gun?”

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

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October 18, 1996

Opinion concerning a question regarding the distinction between a “title” act and a “practice” act in the Senate Bill 1415.

Requested by: Kenneth D’Vant Long, Director, State Reorganization Commission

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October 15, 1996

Opinion regarding the method used “ to measure the distance between a school, church, or playground and a place of business which sells alcohol.”

Requested by: The Honorable Donny Wilder, Member, House of Representatives

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October 11, 1996

Opinion concerning the applicability of S.C. Code Ann. Sec. 4-9-82 to the proposed merger of the Greenville, Spartanburg and Anderson Hospitals into a new entity, the AGS System.

Requested by: The Honorable Dan Lee Tripp and Honorable Dwight A. Loftis, Members, House of Representatives

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October 11, 1996

Opinion concerning the applicability of S.C. Code Ann. Sec. 4-9-82 to the proposed merger of the Greenville, Spartanburg and Anderson Hospitals into a new entity, the AGS System.

Requested by: The Honorable J. Verne Smith, Senator, District No. 5

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October 8, 1996

Opinion on dual office holding (member of the school advisory council for Jefferson Elementary School Attendance in Chesterfield County and run as a write-in candidate for district commissioner with the Chesterfield Soil and Water Conservation District).

Requested by Mr. Billy L. Jenkins, Jefferson.

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October 7, 1996

Opinion regarding whether the Board of Lancaster County Natural Gas Authority can donate money “toward the construction of a modern and technologically advanced Arts and Science Building at the University of South Carolina at Lancaster (USC-L).”

Requested by: Emil W. Wald, Esquire

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September 30, 1996

Opinion requesting legal advice regarding the statute which requires school districts to “maintain at least the level of financial effort per pupil as in the prior year adjusted for an inflation factor” considering reports that Newberry school district had actual revenues in excess of budgeted revenues for fiscal year 1995-96.

Requested by: The Honorable Harriett L. Rucker, Member, Newberry County Board of Education; The Honorable TEC Dowling, Superintendent, Newberry County School District

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September 25, 1996

Opinion requesting an explanation of the duties of an officer in concerns to a domestic violence case, specifically what they “MUST” do, and what is to left to their discretion when dealing with protective measures of an abused person.

Requested by: The Honorable Williford L. Faile, Sheriff, Lancaster County

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September 6, 1996

Opinion requested regarding the legality of delegation of loan approval authority to a committee of the board or staff by JEDA, as well as the legality of ownership investment by the not-for-profit corporation established by JEDA, Carolina Capital Investment Corporation.

Requested by: Kenneth D’Vant Long, Director, State Reorganization Commission

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August 21, 1996

Opinion requesting legal advice regarding the meaning of the term “public hearing” as used in S.C. Code Ann. 6-1-80 (Supp. 95).

Requested by: The Honorable Harriett L. Rucker, Member, Newberry County Board of Education

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August 21, 1996

Opinion requesting legal advice regarding provisions of South Carolina’s charter schools law regarding the racial composition of those schools, considering S.C. Coe Ann. 59-40-50(B)(6) as added by Act 447, 1996 S.C. Acts, which states “under no circumstances may a charter school enrollment differ from the racial composition of the school district by more than 10 percent.”

Requested by: The Honorable Scott H. Richardson, Member, S.C. House of Representatives

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August 14, 1996

Opinion concerning whether a dual office holding situation would exist if a member of the Lexington-Richland School District Five Board of Trustees simultaneously serves as both the University of South Carolina Business Manager for the School of Education and the commissioner of the Irmo Fire District.

Requested by: Mr. Steve Mattison

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July 23, 1996

Opinion concerning the permissibility, under the 1995-96 appropriations act, for the South Carolina Budget and Control Board to use funds (as set aside under that act for economic and cultural exchange with South Carolina’s sister state in Germany) through the publicly supported, tax exempt corporation, Enterprise Development, Inc. (EDI).

Requested by: Joseph D. Shine, General Counsel, State Budget and Control Board

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July 19, 1996

Opinion requesting advice as to whether a student may be permitted to take the exit examination during the summer when he has taken it twice and failed portions of it on both occasions.

Requested by: The Honorable Barbara Stock Nielsen, State Superintendent of Education, State Department of Education

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July 19, 1996

Opinion requesting advice as to whether the Comprehensive Health Act (Act) (S.C. Code Ann. § 59-32-5, et seq. (1990) applies to instruction or programs at public schools provided by teachers of subjects other that health or by visitors such as personnel of another public agency.

Requested by: The Honorable Michael L. Fair, Member, South Carolina Senate

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July 17, 1996

Opinion concerning whether a dual office holding situation exists if a member of the Spartanburg County Commission for Technical Education simultaneously serves on the City of Spartanburg Construction Appeals Board.

Requested by: The Honorable C. Tyrone Courtney, Senator, District No. 13

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July 2, 1996

Opinion requesting advice as to whether the Redevelopment Authority (Authority)1 may endorse the conveyance of property on the former Myrtle Beach Air Force Base to a Bible college.

Requested by: Thomas C. Styers, Executive Director, Myrtle Beach Air Base Redevelopment Authority

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June 18, 1996

Opinion regarding the people’s right to have a referendum for highway projects.

Requested by: The Honorable David L. Thomas, Senator, District No. 8

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June 18, 1996

Opinion asking whether the arrangements for the Southern Connector, and the law permitting such road projects, would violate any provision of the South Carolina Constitution, including Article X, Section 11 of the Constitution.

Requested by: The Honorable Michael T. Rose, Senator, District No. 38

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May 31, 1996

Opinion concerning what information requests, if any, can be denied by a Technical College President or Area Commission in responding to the Executive Director of the State Board for Technical and Comprehensive Education (“State Board”) or the State Board Chairman, representing the State Board.

Requested by: Dr. Michael B. McCall, Executive Director, State Board for Technical and Comprehensive Education

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May 13, 1996

Opinion concerning the “use of public funds to support private educational institutions,” prohibited by Article XI, § 4 of the South Carolina Constitution.

Requested by: Geraldine H. Urbanic, Director of Legal Services, Charleston County School District

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May 2, 1996

Opinion seeking as to the scope of services which the Central Midlands Regional Planning Council may provide to its member counties and municipalities.

Requested by: The Honorable James A. Lander, Senator District 18

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April 30, 1996

Opinion addressing a sudden increase in “soft porn being utilized in [Spartanburg] schools as instructional material.” The Chairman of Concerned Parents is, therefore, seeking guidance concerning the “Comprehensive Health Education Act.”

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

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April 24, 1996

Opinion asking about the constitutionality of requiring a candidate for the office of sheriff to have his fingerprints taken and submitted to SLED for a criminal records search at least sixty days for the close of filing for election to office and whether it would be unconstitutional to require a candidate to “commit” to filing, or at least make the decision to run, prior to the time that filing actually opens.

Requested by: The Honorable James A. Lander, Senator, District No. 18

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April 11, 1996

Opinion asking whether legislation which prohibits the State of South Carolina from recognizing marriages between members of the same sex which are performed in other states is constitutional.

Requested by: The Honorable Joe Wilson, Senator, District No. 23

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April 11, 1996

Opinion regarding the constitutionality of the proposed legislation banning same gender marriage.

Requested by: The Honorable Terry E. Haskins, Speaker Pro Tempore, House of Representatives

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April 8, 1996

Opinion questioning whether an employee of the Hospital, who is a physician, may be a member of the Hospital Board, and since the Board is fiscally autonomous, whether the members should be selected by Union County Council or chosen by the electorate of Union County.

Requested by: The Honorable Ronald N. Fleming, Member, House of Representatives

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April 4, 1996

Opinion concerning a proposed transaction between the Medical University of South Carolina (MUSC) and Columbia/HCA in which some or all of the capital facilities and equipment of MUSC will either be sold or leased to Columbia/HCA.

Requested by: The Honorable Michael T. Rose, Senator, District No. 38

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April 4, 1996

Opinion concerning a proposed transaction between the Medical University of South Carolina (MUSC) and Columbia/HCA in which some or all of the capital facilities and equipment of MUSC will either be sold or leased to Columbia/HCA.

Requested by: The Honorable Glenn F. McConnell, Senator, District No. 41; The Honorable Lynn Seithel, Member, House of Representatives

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March 18, 1996

Opinion concerning a parent’s complaint that their child, a middle school student in Lexington County, has been viewing (at school) “R” rated movies that contain sexually explicit scenes, and inquiring if the law pertaining to content harmful to minors “is applied differently within the confines of the public school vs. a theatre.” The opinion also addresses whether there is a weakness which needs to be changed in the “Harmful to Minors” section of the law.

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

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March 13, 1996

Opinion regarding the authority of a school district to adopt a religious instruction released-time policy for its students, specifically inquiring if S.C. Code Ann. 59-1-440 precludes this.

Requested by: The Honorable Joe Wilson, Senator, District No. 23

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March 7, 1996

Opinion inquiring as to the constitutionality of lines 31-38 of the proposed legislation “South Carolina School Accountability Act of 1996,” which states that no candidate for the office of trustee for the boards of trustees for the school districts in this state may accept monetary contributions from a certified political party and must not use campaign material linked to a political party.

Requested by: George C. Leventis, General Counsel, Department of Education

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February 26, 1996

Opinion concerning whether the consent provisions § 59-19-250 (1970) do not apply to Lexington County School District Four because the District is “fiscally autonomous”.

Requested by: The Honorable Joe Wilson, Senator, Lexington County

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February 22, 1996

Opinion regarding the use of drug dogs at public schools to sniff out narcotics in lockers or in the student’s personal possession.

Requested by: The Honorable Johnny Mack Brown, Sheriff, Greenville County

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February 20, 1996

Opinion asking that the conclusion of an informal opinion issued on September 20, 1995, to the Honorable Dick F. Elliot be reconsidered. The referenced informal opinion informal opinion concluded that the language of S.C. Code Ann. §57-1-320(B) (1995 Cum. Supp.) meant that a district commissioner of the South Carolina Department of Transportation could not serve consecutive terms but would be limited to serving one term only, unless another commissioner’s term intervenes.

Requested by: The Honorable Thomas G. Keegan, Member, House of Representatives

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February 20, 1996

Opinion asking whether the Fellowship of Christian Athletes may meet during time set aside during the school day when non-academic related clubs are permitted to meet.

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

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February 12, 1996

Opinion seeking as to which would take precedence in the event of a conflict: The Canons of Judicial Conduct or a state law.

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

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February 1, 1996

Opinion regarding whether the Job Development Fee provisions of the Enterprise Zone Act satisfy the public purpose test enunciated in Elliot v. McNair, 250 S.C. 75, 156 S.E.2d 421 (1976), and whether Job Development Fees are public funds for purposes of S.C. Const. Art. X, § 11, which constitutional provision prohibits the pledge or loan of the credit of the State for the benefit of a private individual or company.

Requested by: Burnet R. Maybank, III, Director, South Carolina Department of Revenue

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January 17, 1996

Opinion concerning whether the Advisory Coordinating Council for Economic Development of the Department of Commerce possesses discretion in the approval of grant applications pursuant to S.C. Code Ann. Sec. 12-21-2423.

Requested by: H.M. Alexander, Director, Coordinating Council for Economic Development, South Carolina Department of Commerce

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January 9, 1996

Opinion concerning “whether the Hunley Commission may act as a sponsor for a fundraising dinner which is being planned to commemorate the sinking of the USS Housatonic by the H.L. Hunley on February 17, 1864.”

Requested by: The Honorable Glenn F. McConnell, Senator, District 41

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December 20, 1995

Opinion inquiring as to the possibility of establishing a “special tax district” within the School District of Pickens County for purposes of capital improvements.

Requested by: W.D. Hucks, Ed.D., Superintendent, School District of Pickens County

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December 13, 1995

Opinion concerning whether a dual office holding situation exists if a member of the Piedmont Technical Education Commission simultaneously serves on the Savannah Lakes Village Commission.

Requested by: Mr. Gene Beckman, Boards and Commissions, Office of the Governor

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December 5, 1995

Opinion inquiring whether it is legal for a constituent to be an agent for the garage man (for payment of a fee) to help obtain a title to the car that the garage man is holding for the non-payment of a bill, even if the constituent is not an attorney.

Requested by: The Honorable Herbert Kirsh, Member, House of Representatives

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November 28, 1995

Opinion concerning whether a member of the Charleston County Library Board would be considered an office of honor or profit for purposes of dual office holding.

Requested by: Ms. Carol N. Ward

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November 15, 1995

Opinion clarifying  S.C. Code Ann. §23-11-110 (1994 Cum. Supp.), as to when candidates for the office of sheriff must submit their fingerprints and affidavits concerning qualification to hold the office of sheriff.

Requested by: Debra Covington, Legislative/Research Asst., South Carolina Sheriffs’ Association

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November 9, 1995

Opinion asking whether a “registered nurse may pronounce a patient dead in lieu of the physician or coroner during the night.”

Requested by: Ann F. Flynn, R.N. Director of Education, Marion Memorial Hospital

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November 6, 1995

Opinion seeking as to whether Orangeburg County School District One would be compelled to pay for legal expenses incurred by the Orangeburg County Election Commission which resulted from a ruling rendered by the Orangeburg County Election Commission in a recent run-off school board election.

Requested by: John E. Tindal, Superintendent of Schools, Orangeburg School District No. 1

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October 30, 1995

Opinion requesting advice as to the applicability of S.C. Code Ann., §59-19-250 (1976)  to Lexington County School District Four.

Requested by: The Honorable Joe Wilson, Senator, Lexington County

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October 23, 1995

Opinion concerning whether a dual office holding situation exists if a member of the Charleston County Library Board simultaneously serves on the State Board of Education.

Requested by: Carol N. Ward

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October 13, 1995

Opinion regarding the Governor’s authority to suspend the Georgetown County Superintendent of Education and the Georgetown County Assistant Superintendent of Education, who were both recently indicted for Failure to Report to Law Enforcement and common law misconduct.

Requested by: Angelia S. Tutko, Legal Counsel, Office of the Governor

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September 27, 1995

Opinion concerning the constitutionality of State money being spent on the newly established South Carolina Institute of Leadership for Women at Converse College.

Requested by: The Honorable Patrick B. Harris, Member of the House of Representatives

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September 20, 1995

Opinion concerning two prospective appointments to be made by the Horry County Legislative Delegation, in concert with other county delegations.

Requested by: The Honorable Dick F. Elliott, Senator, District No. 28

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September 13, 1995

Opinion advising that the Aiken County Legislative Delegation used paper ballots to elect the chair and vice chair of the Delegation and concerning whether this violates the Freedom of Information Act.

Requested by: The Honorable Thomas L. Moore, Senator, District No. 25

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September 5, 1995

Opinion concerning the legality of parents’ releasing their children for religious instructions during study halls, and elective and exploratory class time.

Requested by: The Honorable Joe Wilson, Senator, Lexington County

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August 29, 1995

Opinion seeking additional information on the August 17, 1995 opinion concerning the legality of parents’ releasing their children for religious purposes and/or instructions during study halls, electives and exploratory class time.

Requested by: The Honorable Joe Wilson, Senator, District No. 23, Lexington County

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August 18, 1995

Opinion concerning whether an elementary school student has a right, Under the First Amendment of the United States Constitution, to distribute anti-abortion material at his school.

Requested by: The Honorable Joe Wilson, Senator, District No. 23, Lexington County

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August 17, 1995

Opinion concerning the legality of parents’ releasing their children for religious instructions during study halls, and elective and exploratory class time.

Requested by: The Honorable Joe Wilson, Senator, District 23, Lexington County

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June 2, 1995

Opinion asking whether the Commission may disclose that an individual student attended a college or university prior to enrolling at another public college as a purportedly first time freshman and whether the Commission may release information about students to the Southern Regional Education Board (SREB) for purposes of research?

Requested by: John E. Smalls, Associate Commissioner, S.C. Commission on Higher Education

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May 31, 1995

Opinion asking a number of questions concerning the legality of certain activities that were orchestrated by various school district administrators in an effort to arouse opposition to the education portion of the Annual Appropriations Bill that was being considered by the South Carolina House of Representatives.

Requested by: The Honorable Joe Wilson, Senator, District No. 23

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May 31, 1995

Opinion asking a number of questions concerning the legality of certain activities that were orchestrated by various school district administrators in an effort to arouse opposition to the education portion of the Annual Appropriations Bill that was being considered by the South Carolina House of Representatives.

Requested by: The Honorable James S. Klauber, Member, House of Representatives

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May 11, 1995

Opinion concerning the constitutionality of the requirement that the surviving spouse of a deceased Judge or Solicitor is entitled to certain retirement benefits of his or her deceased spouse, provided the surviving spouse does not remarry.

Requested by: The Honorable C. Alexander Harvin, III, Member, House of Representatives

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April 20, 1995

Opinion inquiring whether tax monies collected for equalization purposes among the School Districts of Spartanburg County may be used by the County Board of Education (County Board) for any purpose other than equalization.

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

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April 3, 1995

Opinion inquiring whether the Early Childhood Developmental and Academic Assistance Act of 1993 requires instruction and assessments that are appropriate to the age of the children involved or whether it requires specific curriculum known as “Developmentally Appropriate Practices.”

Requested by: The Honorable Dan Lee Tripp, Member, House of Representatives

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March 23, 1995

Opinion questioning whether the General Assembly would be in compliance with constitutional prohibitions against special legislation for local governments by passing a bill that would alter the county zoning authority of Spartanburg and Greenville counties and the municipal zoning authority of only Greer, Lyman, and Duncan.

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

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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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