Posts Tagged ‘Environment’

April 24, 2017

Opinion on potential conflict on corporate formation, licensing of two professions, and state procurement and exemptions.

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

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January 31, 2017

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

 

Requested by Thomas Keaveny, Esquire, Beaufort County Attorney.

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December 20, 2016

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

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

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October 25, 2016

Opinion on whether the South Carolina Transportation Infrastructure Bank can use tax revenue towards payment of revenue bonds.

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

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May 19, 2016

Opinion regarding Senate Bill 229.

Requested by The Honorable Jeffrey A. Bradley, Member, South Carolina House of Representatives.

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February 24, 2016

Opinion regarding whether “toxicology reports are considered to be ‘medical records’ under Section 30-4-20(c) of the South Carolina Code and therefore exempt from disclosure under the South Carolina Freedom of Information Act.”

Requested by The Honorable Rusty Clevenger, Coroner, Spartanburg County.

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January 6, 2016

Opinion regarding whether certain maintenance renovations to the existing passenger facilities presently located and operating on the southern end of Union Pier Terminal in Charleston County would be exempt from permitting under the Coastal Zone Management Act, S.C. Code Ann. 48-39-10 et seq.

Requested by Philip L. Lawrence, Esq., General Counsel, South Carolina Ports Authority.

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November 24, 2015

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

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

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August 18, 2015

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

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

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August 6, 2015

Opinion regarding the permissibility of Delphi Automotive conducting a one-day demonstration drive of an autonomous motor vehicle through South Carolina as part of a cross-country drive from California to New York.

Requested by Warren V. Ganjehsani, Esq., General Counsel, South Carolina Department of Public Safety.

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July 1, 2015

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

Requested by the Aiken County Legislative Delegation.

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May 29, 2015

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

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

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May 13, 2015

Opinion regarding the regulation and licensure of commercial pesticide applicators utilizing the herbicide, glyphosate, a chemical commonly associated with the product Roundup.

Requested by The Honorable Larry Grooms, Senator, District No. 37; The Honorable Shane Massey, Senator, District No. 25; The Honorable Kevin Bryant, Senator, District No. 3; The Honorable Tom Corbin, Senator, District No. 5.

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April 27, 2015

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

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

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March 6, 2015

Opinion regarding whether a State plan to implement an EPA [U.S. Environmental Protection Agency] requirement is considered a “regulation” as referred to in the [South Carolina] Administrative Procedure Act.

Requested by The Honorable David Hiott, Chairman, Agriculture, Natural Resources and Environmental Affairs Committee, South Carolina House of Representatives.

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December 29, 2014

Opinion request regarding the interpretation of the Iran Divestment Act of 2014.

Requested by W.D. Robertson, III, Office of General Counsel, South Carolina Budget and Control Board.

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November 25, 2014

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

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

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September 16, 2014

Opinion regarding whether a proposed amendment, as contained in pending legislation, H. 3925 in particular, can retroactively amend a savings clause from a prior act, specifically Act 198 of 2012, “to eliminate the Savings Clause included in the original version of Act 198 without violation of the State Constitution.”

Requested by the Honorable James E. Smith, Jr., House District 72.

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September 3, 2014

Opinion regarding the applicable constitutional law concerning public invocations as provided in SC Code 6-1-160(C).

Requested by William F. Halligan, Esq., Childs & Halligan.

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August 19, 2014

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

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

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June 10, 2014

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

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

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May 30, 2014

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

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

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May 12, 2014

Opinion regarding authorized emergency vehicles.

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

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February 28, 2014

Opinion asking whether a municipality may “legally impose a storm water fee on its’ citizens under federal and/or state law?”

Requested by: The Honorable B.R. Skelton, Representative, District No. 3

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October 8, 2013

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

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

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October 19, 2012

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

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

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September 24, 2012

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

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

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September 19, 2012

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

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

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September 7, 2012

Opinion addressing whether the Patriot’s Point Development Authority (“PPDA”) may relocate the Cold War Submarine Memorial located at the Patriot’s Point Naval and Maritime Museum in Mount Pleasant to accommodate the construction of a new Congressional Medal of Honor Museum.

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

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June 12, 2012

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

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

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December 9, 2011

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

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

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December 9, 2011

Opinion concerning whether South Carolina law provides flexibility for DHEC to interpret its water quality standards in such a way that some excursions of a “shall not exceed” standard may be allowed for the Reedy River Watershed.

Requested by: Jacquelyn S. Dickman, Esquire

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December 5, 2011

Opinion concerning a Freedom of Information Act (FOIA) request that was received and responded to by the City of Columbia (“the City”). Specifically, as to whether the requested information is a matter of public record subject to disclosure and, if so, whether the so-called “privacy exemption” allowed the City to withhold or redact any of this information.

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

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November 29, 2011

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

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

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November 7, 2011

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

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

October 11, 2011

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

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

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September 28, 2011

Opinion regarding the authority of the South Carolina Department of Health and Environmental Control (“DHEC”) to alter drug schedules.

Requested by: Carlisle Roberts, Jr., Esquire

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August 31, 2011

Opinion concerning Stormwater Management Utility Service charges.

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

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August 25, 2011

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

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

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July 14, 2011

Opinion concerning the burning practices used by the US Forest Service in South Carolina.

Requested by: The Honorable Joe H. Jefferson, Jr., SC House of Representatives

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June 27, 2011

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

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

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May 17, 2011

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

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

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May 9, 2011

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

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

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April 18, 2011

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

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

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January 10, 2011

Opinion interpreting the recently enacted South Carolina Surface Water Withdrawal, Permitting, Use and Reporting Act of 2010 (Act No. 247 of 2010).

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

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November 23, 2010

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

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

October 25, 2010

Opinion concerning the powers of the Savannah River Maritime Commission, particularly as those powers relate to federally delegated responsibilities of state agencies.

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Requested by: William D. “Dean” Moss, Jr., Chairman, Savannah River Maritime Commission

August 16, 2010

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

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

July 8, 2010

Opinion concerning an individual’s claim to clear title to property which accreted on the south end of Pawleys Island, below the last development. Specifically, what the “status of the property [is] with respect to § 48-39-120(B) of the South Carolina Code of Laws.”

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

April 9, 2010

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

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Requested by: Kenneth E. Gaines, Esquire

April 6, 2010

Opinion concerning marshland property on Johns Island.

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

April 6, 2010

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

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

January 11, 2010

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

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

October 27, 2009

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

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

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September 29, 2009

Opinion regarding the application of the determination of a previous opinion dated April 29, 2009. Specifically, whether vessels are state public vessels for purposes of liability arising from maritime tort claims and whether pilots are State employees for purposes of the State Tort Claims Act.
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Requested by: Charles L. Green, Deputy Assistant General Counsel for Enforcement and Litigation, United States Department of Commerce

September 28, 2009

Opinion questioning whether a licensed pawnbroker, who also holds a supervised lender license, may make a supervised loan in the same location that he operates his pawnbroker business.
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Requested by: The Honorable Kevin L. Bryant, Member, SC Senate

June 17, 2009

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

April 29, 2009

Opinion questioning whether Charleston Branch Pilot’s Associations (“Pilots”) vessels are considered to be law enforcement vessels of the State of South Carolina.
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Requested by: David M. Hay, Commissioners of Pilotage, Lower Coastal Area

October 13, 2008

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

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

September 25, 2008

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

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

August 7, 2008

Opinion regarding the amendment to S.C. Code Ann. § 22-5-110 as set forth in Act No. 346 of 2008. Specifically, whether the courtesy summons authorized by Section 22-5-110 must be used for summary level crimes involving victims when the affiant is non-law enforcement personnel and whether anyone other than a Class 1 law enforcement officer has the authority to request a misdemeanor summary level arrest warrant.

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

June 3, 2008

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

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

May 14, 2008

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

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

May 8, 2008

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

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

May 6, 2008

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

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

April 2, 2008

Opinion questioning if 6% assessment ratio owners of owner-occupied residential property are entitled to property tax relief (exempt from property taxes imposed for school operating purposes) as a result of the passage of Act Number 388 of 2006.

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

March 24, 2008

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

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

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January 11, 2008

Opinion concerning sections 12-6-3520 and 50-15-55 of the South Carolina Code.

Requested by: John E. Frampton, Director, South Carolina Department of Natural Resources

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November 6, 2007

Opinion concerning the safety of the State’s hazardous waste facility located in Barnwell. And whether the public’s right of access to available information concerning the facility’s operation and safety has been fully protected.

Requested by: Carlisle Roberts, Jr., Esquire, DHEC

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September 21, 2007

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

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

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April 23, 2007

Opinion questioning whether S.C. Code Ann. 40-18-20, 40-18-30 and 40-18-70 require an individual or company now selling their services in South Carolina as “computer forensics” experts top secure licenses as private investigators.

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

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November 27, 2006

Opinion questioning whether unsolicited newspapers and advertising circulars placed on driveways constituted “litter” for purposes of the state regulating such.

Requested by: The Honorable James E. Singleton, Sheriff, Oconee County

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September 6, 2006

Opinion as to whether the Commission for Minority Affairs is regulatory agency for purposes of section 8-13-730 of the South Carolina Code.

Requested by: Janie A. Davis, Executive Director, Commission for Minority Affairs

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August 2, 2006

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

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

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July 5, 2006

Opinion concerning the application of conflicting standards contained in the International Building Code and South Carolina Department of Social Service’s (DSS) regulations.

Requested by: Donna McCullum, Interim Planning Director, Sumter City- County Planning Commission

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April 18, 2006

Opinion concerning a previous Attorney General Opinion dated April 3, 2006 to Representative Paul Agnew. Pertaining to DHEC and the Administrative Procedures Act.

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

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April 3, 2006

Opinion seeking “clarification on the legality of the scope of a proposed regulation before the General Assembly which governs permits for bridges to marsh islands – R. 3006.”

Requested by: The Honorable Paul Agnew, Member, House of Representatives

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March 6, 2006

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

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

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February 23, 2006

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

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

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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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September 16, 2005

Opinion questioning whether the practice of certain newspaper carriers distributing unsolicited newspapers and advertising circulars on driveways constitute “litter” within the meaning of S.C. Code Ann. § 16-11-700.

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

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July 14, 2005

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

Requested by: James A. Quinn, Esquire

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June 23, 2005

Opinion referencing the provisions of S.C. Code Ann. § 30-9-75 (Supp 2004). Specifically, whether the nightly backup of your computerized indices by the County IS Department complies with Section 30-9-75 which would allow your office to stop the printing of indices.

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

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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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December 8, 2004

Opinion questioning whether “the Agency is permitted to undertake the proposed financing without State approval”, if “Under State law, can the proposed bonds be issued without the approval of the State Budget and Control Board” and “Will the proposed transaction impinge on the sovereignty of the State?”.

Requested by: The Honorable Grady L. Patterson, Jr., Treasurer, State of South Carolina

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November 19, 2004

Opinion questioning whether low-speed vehicles can be operated on South Carolina roads and whether the Department of Motor Vehicles is authorized to register and license low-speed vehicles.

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

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November 15, 2004

Opinion asking for clarification of an opinion written to Representative Roland Smith dated September 21, 2004.

Requested by: Mack Underwood, Chief, Savannah River Site Law Enforcement Department

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September 21, 2004

Opinion concerning dual office holding. Specifically, whether someone who is employed with Wackenhut Services at the Savannah River nuclear facilities could continue to hold a law enforcement commission as a Burnettown police officer.

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

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December 5, 2003

Opinion questioning if it is legal for OCRM to consider and grant permits for bridges to islands, whose title is presumed to be in the state, for private development and use where the permit is tantamount to be de facto conveyance of these state lands (or the use of these state lands) and the ouster of the public, without requiring that the applicant clearly and convincingly demonstrate, by means such as an attorney’s opinion and accompanying title abstract, a grant from the State or predecessor sovereign.

Requested by: The Honorable Arthur Ravenel, Jr., Senator, District No. 34

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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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October 17, 2003

Opinion “concerning the charging of the hospitality tax or ‘restaurant tax’ on the consumer.”

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

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September 2, 2003

Opinion regarding whether a person, individual, organization, association, partnership, or other entity can subdivide the beach seaward of the baseline, setback line, or landowner’s lot to the mean high-water mark of the Atlantic Ocean.

Requested by: Chris Noury, Esquire, North Myrtle Beach City Attorney

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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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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 1, 2003

Opinion regarding the constitutionality of S.C. Code Ann. Section 40-82-240(A) with LPG storage capacity requirements within close proximity to the service area.

Requested by: The Honorable Glenn F. McConnell, Chairman, SC Senate Judiciary Committee

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February 14, 2003

Opinion regarding the propriety of Ms. Diane D. Lauritsen’s intention to seek appointment to the Mount Pleasant Open Space Foundation.

Requested by: R. Allen Young, Esquire, Mount Pleasant Town Attorney

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October 17, 2002

Opinion asking us to outline the applicable federal and state law governing the payment of inmates who perform “certain service work for private sector entities at wage levels below the federal minimum wage.”

Requested by: The Honorable Mike Fair, Chairman, Corrections & Penology Committee, The Senate of South Carolina

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April 17, 2002

Opinion on whether 25A S.C. Code Ann. Regulation 61-84, Section 2301.G constitutes discrimination against the disabled in violation of the federal Air Housing Act and the S.C. Carolina Fair Housing Law.

Requested by Carlisle Roberts, Jr., General Counsel, South Carolina Department of Health and Environmental Control.

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February 1, 2002

Opinion regarding the South Carolina Local Government Development Agreement Act.

Requested by: The Honorable Edie Rodgers, Member, House of Representatives

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January 5, 2001

Opinion regarding the legality of a proposed change in structure and focus of the South Carolina Coastal Zone Management Appellate Panel.

Requested by: Mr. Beverly C. Snow, Jr., Vice Chairman, South Carolina Coastal Zone Management Appellate Panel

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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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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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March 9, 2000

Opinion asking whether 911 charges may be used to support outbound communications as well as inbound communications.

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

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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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December 21, 1998

Opinion stating that “over 200 municipalities have adopted a ‘model’ business license tax ordinance which was drafted, distributed, and recommended by the Municipal Association of South Carolina (MASC) to its members.”

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

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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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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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June 2, 1998

Opinion informing this Office that one of its constituents owns a small business in Spartanburg County, but outside the City of Spartanburg, and has inquired as to whether South Carolina Law or Spartanburg County ordinance permits the burning of accumulated wooden pallets.

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

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April 17, 1998

Opinion regarding the use of a requirement of reciprocity in H.3414, also designated as the “South Carolina Competitive Power Act.”

Requested by: The Honorable Harry F. Cato, Member, House of Representatives and The Honorable Rebecca D. Meacham, Member, House of Representatives

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January 14, 1998

Opinion asking whether “any state law provide[s] for an individual to legally own a wild animal (in this case, a cougar) as a pet or in any other case?”

Requested by: Jimmy Jones, Director, Kershaw County Detention Center/ Special Services/Vector

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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 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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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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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

Read full opinion

November 14, 1996

Opinion referencing a recent Order of the Honorable Donna Strom which “would transfer all juveniles determined to be ‘sub-class’ juveniles to the custody and care of the Department of Mental Health.”

Requested by: Donna Earls Elder, Vice Chairman, South Carolina Juvenile Parole Board

Read full opinion

October 25, 1996

Opinion regarding “the recent reorganization of the Department of Health and Environmental Control (DHEC).”

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

Read full opinion

September 11, 1996

Opinion requested to revisit an opinion of the Attorney General’s Office dated July 20, 1979, addressing a provision contained in the South Carolina Atomic Energy and Radiation Control Act dealing with the confidentiality of information obtained by DHEC in investigating radiation sources.

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

Read full opinion

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

Read full opinion

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

Read full opinion

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

Read full opinion

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

Read full opinion

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

Read full opinion

June 28, 1995

Opinion questioning when emergency medical personnel that are trained to take blood samples are present, is an ambulance considered a licensed medical facility as it relates to Section 56-5-2950 of the S.C. Code of Laws?

Requested by: David G. Deering, Captain, South Carolina Department of Public Safety, Highway Patrol-District 7

Read full opinion

June 12, 1995

Opinion concerning whether a dual office holding situation exists if a member of the Springfield Town Council simultaneously serves as police chief of the Town, uncompensated other than having workers compensation coverage provided.

Requested by: The Honorable Steven V. Morrone, Member, Springfield Town Council

Read full opinion

June 21, 1994

Opinion inquiring as to the constitutionality of S.1403,R-560, an act which would prohibit the City of Lancaster from taking certain actions with respect to water or sewer services.

Requested by: Mark R. Elam, Esquire, Senior Legal Counsel to the Governor

Read full opinion

May 3, 1994

Opinion asking, “As part of their duties, can DHEC examine and consider past environmental compliance histories and records of industries and companies when they apply for permits, or must they ignore a prior history of non-compliance?”

Requested by: The Honorable C. Alex Harvin, III, The Majority Leader Emeritus, House of Representatives

Read full opinion

December 10, 1993

Opinion relating to the multi-county industrial parks and special source revenue bonds.

Requested by: Wayne L. Sterling, Interim Director, South Carolina Department of Commerce

Read full opinion

September 10, 1993

Opinion concerning whether a dual office holding situation exists if a member of the Richland/Lexington Board of Disabilities and Special Needs (formerly Mental Retardation Board) Simultaneously serves on the Governor’s Nuclear Advisory Council, the Southeast Interstate Low Level Radioactive Waste Management Compact Advisory Committee, and the Nuclear Waste Consultation Committee.

Requested by: Bob Bartles, Executive Director, Richland/Lexington Mental Retardation Board

Read full opinion

August 10, 1992

Opinion concerning the purpose of the South Carolina Coastal Council and the intent of the Legislature in creating it; mentioning provision of public access to the beaches, protection of beach wildlife, preservation of beachfront from improper development and construction, and whether these considerations are in conflict.

Requested by: The Honorable William S. Houck, Jr., M.D., Member, House of Representatives

Read full opinion

July 20, 1992

Opinion concerning whether a family have a private funeral without a funeral director. The opinion also addresses whether State statutes providing for a medical examiner, Sec. 17-5-210 et seq. of the Code refer only to those counties with a medical examiner and whether a family may place a corpse on a platform to burn or just decompose?

Requested by: The Honorable Sue R. Townsend, Coroner of Aiken County

Read full opinion

May 6, 1992

Opinion clarifying the types of services which regional councils of governments can provide to their member local governments.

Requested by: The Honorable John Drummond, Senator, District No. 10

Read full opinion

April 14, 1992

Opinion regarding a portion of the newly-enacted amendments to the Freedom of Information Act. Specifically, the opinion addresses whether the terms of H. 3305 (now Act. No. 269 of 1992) inhibit in any way the accessing of home addresses and/or home telephone numbers of public employees for use by non-profit professional organizations in membership recruitment and similar activities.

Requested by: The Honorable Timothy F. Rogers, Member, House of Representatives

Read full opinion

January 31, 1992

Opinion concerning whether a dual office holding situation exists if a sergeant with Wackenhut Services at the Savannah River nuclear facilities simultaneously serves as a commissioned law enforcement officer for the town.

Requested by: Robin D. Rucker, Chief, Wagener Police Department

Read full opinion

February 12, 1991

Opinion asking if there is a legal reason why the South Carolina Environmental Certification Board should not enter into a contract for a fee with the South Carolina Chapter of the American Water Works Association and the Water Pollution Control Association of South Carolina to administer a voluntary program for certification of their water distribution personnel.

Requested by; William R. Moore, Director, Environmental Certification Board

Read full opinion

April 25, 1990

Opinion concerning the constitutionality of R-525, which makes it unlawful to display obscene or indecent bumper stickers or decals on a motor vehicle in South Carolina.

Requested by: Mark R. Elam, Esquire, Senior Counsel to the Governor

Read full opinion

February 23, 1990

Opinion concerning the existence of any state law or regulation requiring a “needs assessment” before an operating permit can be issued to an infectious waste incinerator facility.

Requested by: Representative Charles R. Sharpe, House District No. 86-Aiken-Lexington Counties

Read full opinion

November 15, 1989

Opinion concerning developments in the state of South Carolina concerning this State’s involvement with other states in disposing of hazardous waste generated in these states over the next twenty years.

Requested by: The Honorable Harry M. Hallman, Jr., Member, House of Representatives

Read full opinion

October 16, 1989

Opinion concerning the legality of the use of state funded personnel to capture wild turkeys.

Requested by: The Honorable L. Edward Bennett, Chairman, Agriculture and Natural Resources Committee

Read full opinion

August 23, 1989

Opinion concerning whether Act No. 196 of 1989 which substantially amends the Hazardous Waste Management Act, consistent with 40 C.F.R. 271.4(a).

Requested by: The Honorable Michael D. Jarrett, Commissioner, South Carolina Department of Health and Environmental Control

Read full opinion

July 24, 1989

Opinion regarding the legal validity and enforceability of the guarantee and the surety bond set forth at 40 C.F.R. §280.96(c) and §280.98(b), respectively.

Requested by: Michael D. Jarrett, Commissioner, South Carolina Department of Health and Environmental Control

Read full opinion

June 20, 1989

Opinion regarding the meaning of the term “incorrigible” as used in Section 59-63-240 of the Code of Laws of South Carolina (1976 as amended).

Requested by: The Honorable Candy Y. Waites, Member, House of Representatives

Read full opinion

June 12, 1989

Opinion regarding arrangements for Laurens County’s development and sale of 165 acres with the assistance of a commercial real estate developer and agent.

Requested by: Mr. Ernest B. Segars, Administrative Assistant, Laurens County Council

Read full opinion

May 17, 1989

Opinion concerning the legality of DHEC Regulation Numbers 1090 and 1091which “impose a new requirement that applications for a permit to construct or expand a hazardous or non-hazardous solid waste facility must be accompanied by a ‘demonstration of need,’ which must be of a form and content as the department may specify.”

Requested by: The Honorable Edward E. Saleeby, Senator, District No. 29

Read full opinion

April 19, 1989

Opinion offering advice as to whether South Carolina needs a statute to authorize random drug-testing by employers.

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

Read full opinion

April 6, 1989

Opinion addressing a request for guidance relative to the approval of settlement agreements entered between an employee and the employer or carrier.

Requested by: Mr. Michael Grant LeFever, Executive Director, Workers’ Compensation Commission

Read full opinion

March 27, 1989

Opinion concerning whether S-379 may originate in the Senate in conformity with Article III, §15 of the South Carolina Constitution.

Requested by: The Honorable James M. Waddell, Jr., Senator, District No. 46

Read full opinion

January 6, 1989

Opinion referencing a statute enacted in Florida this year which makes it a criminal offense for an individual to have “…in his possession, custody or control…any sticker, decal, emblem, or other device attached to a motor vehicle containing obscene descriptions, photographs or depictions….” and addressing the constitutionality of such legislation.

Requested by: The Honorable Mickey Burriss, Member, House of Representatives.

Read full opinion

October 27, 1988

Opinion concerning whether Part II, Section 51 of the 1988-89 Appropriations Act might be unconstitutional since it affects only a single type of business.

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

Read full opinion

August 30, 1988

Opinion concerning the status of four members of the Environmental Certification Board under the 1988 legislation.

Requested by: William R. Moore, Director, Office of Environmental Certification Board

Read full opinion

July 21, 1988

Opinion concerning capitalization grants to States by the Environmental Protection Agency for deposit in State Water Pollution Control Revolving Funds, as authorized by Title VI of the Federal Water Pollution Act, Public Law 92-500, as amended.

Requested by: Walton J. McLeod, General Counsel, South Carolina Department of Health and Environmental Control

Read full opinion

May 31, 1988

Opinion reiterating a previously reached conclusion that the Coastal Council would have jurisdiction to enforce the conditions of permits regarding the issue of deadlines for construction or excavation.

Requested by: William A. McInnis, Secretary, State Budget and Control Board

Read full opinion

January 13, 1988

Opinion concerning whether the General Assembly may reduce the General Fund Reserve, prior to 1990, to three percent by a two-thirds vote of both houses.

Requested by: The Honorable Robert N. McLellan, Member, House of Representatives

Read full opinion

December 7, 1987

Opinion concerning whether a nonresident employee of the Department of Energy at the Savannah River Nuclear Plant may be appointed as a special state constable.

Requested by: Burnet R. Maybank, III, Assistant Counsel to the Governor

Read full opinion

November 23, 1987

Opinion concerning the school budget for Clarendon County School District One.

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

Read full opinion

July 30, 1987

Opinion as to the status and interpretation of legislation establishing a Water Pollution Control Revolving Fund to provide grants for wastewater treatment and disposal projects.

Requested by: Walton J. McLeod, III, General Counsel, South Carolina Department of Health and Environmental Control

Read full opinion

May 21, 1987

Opinion regarding the no-smoking ordinance recently adopted by the Richland County Council and advise the Commission as to the authority of Council to adopt such an ordinance; the constitutionality of such an ordinance; and what effect the ordinance would have on special purpose districts such as the Richland County Recreation Commission.

Requested by: The Honorable Michael L. Harlan, Director, Richland County Recreation Commission

Read full opinion

April 13, 1987

Opinion questioning whether administrative inspection warrants must conform to search warrant forms as approved by this Office pursuant to Section 17-13-160 of the Code.

Requested by: The Honorable Michael R. Davis, Richland County Magistrate

Read full opinion

April 8, 1987

Opinion as to the power of the General Assembly to enact proposed legislation which would grant certain tidelands in Georgetown County to Brookgreen Gardens.

Requested by: Dr. James A. Timmerman, Jr., Executive Director, Wildlife and Marine Resources Department

Read full opinion

January 13, 1987

Opinion asking the constitutionality of two proposed bills dealing with airboats inasmuch as the bills limit the operation of airboats on specific waters of this State.

Requested by: The Honorable Eugene D. Foxworth, Jr., Member, House of Representatives

Read full opinion

August 20, 1986

Opinion as to whether the definition of hazardous waste contained in the South Carolina Hazardous Waste Management Act and the federal Resource Conservation and Recovery Act are substantially equivalent.

Requested by: Walton J. McLeod, III, General Counsel, South Carolina Department of Health and Environmental Control

Read full opinion

August 18, 1986

Opinion concerning Richland County placing on the ballot a referendum on pornography.

Requested by: The Honorable Joyce C. Hearn, Member, House of Representatives

Read full opinion

 

August 4, 1986

Opinion as to whether certain mental retardation facilities would qualify for bond funds under the provisions of §44-7-1410, et seq.,  South Carolina Code of Laws, 1976, as amended, referred to as the “Hospital Revenue Bond Act.”

Requested by: The Honorable Representative Marion P. Carnell, Second Vice Chairman, Ways and Means Committee, House of Representatives

Read full opinion

June 10, 1986

Opinion concerning three questions. Can health authorities require an individual to submit to an examination over his objection? Can health authorities examine an individual held in a county jailor detention center awaiting a bond hearing? Can a magistrate delay a bond hearing for a period of twenty-four hours to allow the health authorities time to examine an individual?

Requested by: Motte L. Talley, Staff Attorney, South Carolina Court Administration

Read full opinion

February 6, 1986

Opinion concerning whether the owner of private property may dispose of litter or other solid waste on his own property or give permission to others to dispose of waste on such property without a permit from the State Department of Health and Environmental Control (DHEC).

Requested by: C. David Stone, Sheriff, County of Pickens

Read full opinion

January 8, 1986

Opinion concerning whether a regional council of governments would constitute a “unit of local government,” thus enabling such councils of governments to be eligible for funding from block grants under the Justice Assistance Act of 1984.

Requested by: Helen T. Zeigler, Esquire, Legal Counsel, Office of the Governor

Read full opinion

November 25, 1985

Opinion concerning the constitutionality of a proposed bill.

Requested by: The Honorable John E. Courson, Member, South Carolina Senate

Read full opinion

September 24, 1985

Opinion concerning Horry County Ordinance No. 6-83, pertaining to excessive noise within unincorporated areas of Horry County, to determine whether the ordinance is constitutional and, further, is authorized by the terms of Section 4-9-30, Code of Laws of South Carolina (1976 & 1984 Cum. Supp .) .

Requested by: The Honorable Olin I. Blanton, Jr., Magistrate, District 6

Read full opinion

May 2, 1985

Opinion concerning whether the Department of Health and Environmental Control has statutory authority to promulgate regulations.

Requested by: Honorable Alfred H. Vang, Executive Director, S.C. Water Resources Commission

Read full opinion

December 17, 1984

Opinion as to whether the provisions of the Interstate Compact on the Placement of Children (ICPC) apply to the placement of children from other states into child-caring institutions in South Carolina.

Requested by: Mr. Francis E. Lewis, ACSW, Executive Director, Children’s Bureau of South Carolina

Read full opinion.

November 7, 1984

Opinion regarding whether hazardous material, in excess of that seized and confiscated for use as evidence, may. . . be defined as ‘uncontrolled hazardous waste’ under the provisions of § 44–56–20(13), Code of Laws, 1976 as amended, for the purpose of utilizing the hazardous waste contingency fund for the disposal of this hazardous waste.

Requested by: Frank B. Sanders, Director, Office of Executive Policy and Programs, Office of the Governor

Read full opinion.

August 09, 1984

Opinion as to whether the law provides a remedy for sexual harassment.

Requested by: The Honorable Charles B. Johnson, Magistrate, Horry County

Read full opinion.

July 12, 1984

Opinion regarding whether state and federal funds may be expended to support the Coastal Rapid Public Transit Authority.

Requested by: Helen T. Zeigler, Special Assistant for Legal Affairs, Office of the Governor

Read full opinion.

June 11, 1984

Opinion concerning § 40–29–10 et seq. which provides for the regulation of massage parlors and the licensing of masseurs and masseuses in this State.

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

Read full opinion.

May 24, 1984

Opinion regarding whether similar legislation to the State of Michigan’s Urban Cooperation Act of 1967 could be adopted in this State.

Requested by: Mr. Ellen M. Still, Principal Auditor, Legislative Audit Council

Read full opinion.

December 16, 1983

Opinion on whether a state agency may lawfully adopt and enforce an anti-nepotism policy that is more restrictive than Section 8-5-10, Code of Laws of South Carolina, 1976 (‘the Code’).

Requested by Jack S. Mullins, Ph.D., Director, State Personnel Division.

Read full opinion.

December 9, 1983

Opinion on whether § 16-17-210 et seq. of the Code of Laws of South Carolina (1976 as amended) may be constitutionally applied to preclude the display of a painting of a certain cartoon character upon the American flag.

Requested by The Honorable Dill Blackwell, Member, South Carolina House of Representatives.

Read full opinion.

November 30, 1983

Opinion as to which statute is to be utilized in the selection of arbiters for the arbitration of an automobile property damage case.

Requested by The Honorable Elizabeth V. Eddins, Clerk of Court of Chesterfield County.

Read full opinion.

August 9, 1983

Opinion on whether the South Carolina Department of Highways and Public Transportation may qualify under R. 61–79.5 for a Hazardous Waste Transporter Permit as required by law or whether it is exempt.

Requested by Dennis N. Cannon, Jr., Staff Counsel, South Carolina Department of Health and Environmental Control.

Read full opinion.

March 14, 1983

Opinion on (1) what authority and in what manner may the Department of Health and Environmental Control (DHEC) adopt regulations concerning the disposal of brine and oil-field wastes by underground injection and (2) what is the effect of Section 48-43-70 upon the respective regulatory authority of the Water Resources Commission and DHEC concerning disposal of brine and oil-field wastes by underground injection.

Requested by Alfred H. Vang, Executive Director, Water Resources Commission.

Read full opinion.

 

February 9, 1983

Opinion on dual office holding.

Requested by George G. Graham, D.D.S., Chairman, S.C. Republican Party.

Read full opinion.

June 14, 1982

Opinion concerning the meaning of § 44-21-510 of the Code of Laws of South Carolina (1976).

Requested by: Charles D. Barnett, Ph.D., Commissioner, Department of Mental Retardation

Read full opinion.

April 28, 1982

Opinion on the question of whether a person concurrently serving as a member of the Beaufort County Joint Planning Commission and as a member of Beaufort-Jasper County Water Authority would be in violation of the dual office holding provisions of the South Carolina Constitution.

Requested by: Joab M. Dowling, Esquire, Dowling, Sanders, Dukes, Novit, and Svalina

Read full opinion.

February 18, 1982

Opinion regarding the rights school districts might assert and what statute of limitation problems might arise.

Requested by: The Honorable Richard W. Riley, Governor of SC

Read full opinion.

October 12, 1981

Opinion on the effective date of the operation of Section 20–7–3520, Code of Laws of South Carolina (1976), the provision which pertains to the prohibition against the incarceration of status offenders.

Requested by The Honorable David H. Maring, Chief Judge, Family Court of the Fifteenth Judicial Circuit.

Read full opinion.

October 8, 1981

Opinion on who is responsible under state law for cleaning up chemical and petroleum spills which occur in this State.

Requested by General George R. Wise, Director, Emergency Preparedness Division.

Read full opinion.

August 26, 1981

Opinion regarding would the existence or threat of a severe water shortage in South Carolina, resulting from extreme drought or other conditions, constitute a public calamity thereby authorizing the Governor, under his emergency powers, to regulate water usage and consumption (See §§ 1–3–410 to 1–3–460; §§ 25–1–1840 to 25–1–1860; and § 25–1–1870, Codes of Laws of South Carolina (1976)).

Requested by The Governor, State of South Carolina.

Read full opinion.

June 26, 1981

Opinion on whether or not a shipyard engaged in the business of repairing ships and a nuclear fuel reprocessing plant used solely for research industrial customers within the parameters of Section 12–23–20 of the 1976 Code.

Requested by Mr. J. W. Lawson, Director, License Tax Division, South Carolina Tax Commission.

Read full opinion.

June 25, 1981

Opinion on whether law enforcement officers, using dogs trained to search for narcotics, may enter the public schools for the purpose of sniffing out narcotics stored in lockers and in a student’s personal possession.

Requested by Sheriff Frank Powell, Columbia.

Read full opinion.

June 15, 1981

Opinion on public funds, State Ports Authority.

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

Read full opinion.

June 10, 1981

Opinion on condemnation authority of Sea Pines Public Service District.

Requested by Stephen P. Hughes, Esquire, Assistant County Attorney, Beaufort County.

Read full opinion.

May 13, 1981

Opinion on various areas of concern foreseen by SLED in fulfilling its responsibilities incident to law enforcement and emergency response involving fixed nuclear facilities within the State.

Requested by Captain J. Leon Gasque, Assistant Director, S. C. Law Enforcement Division.

Read full opinion.

January 13, 1981

Opinion on constitutionality of House Bill 2040.

Requested by The Honorable Tobias Gadson, Sr., Member, South Carolina House of Representatives.

Read full opinion.

September 5, 1980

Opinion on whether ‘local’ officials or governing bodies have authority to order and compel an evacuation of all or part of the populace within their respective jurisdictions.

Requested by Director, South Carolina Disaster Preparedness Division.

Read full opinion.

July 22, 1980

Opinion on Sections 13-7-140(A)(1) and (A)(3) of the South Carolina Radioactive Waste Transportation and Disposal Act.

Requested by Mr. Michael A. Mann, Chem-Nuclear Systems, Inc.

Read full opinion.

June 12, 1980

Opinion on education, colleges and universities, and student activities.

Requested by University Legal Counsel, University of South Carolina.

Read full opinion.

June 4, 1980

Opinion on the constitutionality of House Bill 3176.

Requested by The Honorable Joyce C. Hearn, Member, South Carolina House of Representatives.

Read full opinion.

April 24, 1980

Opinion on review of certain sections of the Permanent Provisions of previous Appropriations Acts and the 1980-81 Appropriations Act.

Requested by The Honorable Jean Toal, Member, South Carolina House of Representatives.

Read full opinion.

March 11, 1980

Opinion on whether the Summerton Town Council can prohibit the transportation of hazardous wastes through the Town of Summerton.

Requested by City Attorney, Town of Summerton.

Read full opinion.

January 23, 1980

Opinion on whether the Clemson University Cooperative Extension Service possesses the necessary legal authority to carry its assigned responsibilities in the Water Quality Management Plan developed by DHEC for the purpose of controlling nonpoint source water pollution in South Carolina, as required by Public Law 95-217.

Requested by Mr. Douglas J. Fabel, 208 Planning Section, Bureau of Wastewater & Stream Quality Control.

Read full opinion.

November 15, 1979

Opinion on whether the South Carolina Water Resources Commission possesses the legal authority to carry its assigned responsibilities in the Water Quality Management Plan (Public Law 95-217).

Requested by Mr. Douglas J. Fable, Bureau of Wastewater & Stream Quality Control.

Read full opinion.

November 14, 1979

Opinion on motor vehicles, state agencies, workman’s compensation, charitable organizations, liability.

Requested by unknown.

Read full opinion.

November 8, 1979

Opinion on a proposed bill “Balanced Treatment for Scientific Creationism and Evolution Act” (Education, Religion).

Requested by Member, South Carolina House of Representatives.

Read full opinion.

August 23, 1979

Opinion on the meaning of the term “residential purposes” relating to rate of tax applied to gross proceeds of sale of electricity, natural gas, fuel oil, etc. when used for residential purposes (General Appropriations Act, 1979, Permanent Provisions, Part II, Section 4, paragraphs (A) through (D)).

Requested by Mr. Reginald U. Smith, Director, Sales and Use Tax Division, South Carolina Tax Commission.

Read full opinion.

June 6, 1979

Opinion on authority to conduct open dump inventory.

Requested by Hartsill W. Truesdale, P.E., Director, Solid Waste Management Div., South Carolina Department of Health and Environmental Control.

Read full opinion.

May 9, 1979

Opinion on the South Carolina Environmental Systems Operators Act (Section 40-23-10, et seq., of the 1976 Code of Laws of South Carolina).

Requested by Mr. Jack A. McKenzie.

Read full opinion.

January 31, 1979

Opinion concerning the Department’s statutory authority to assume administration responsibilities for the Federal construction grant program of Public Law 92-500.

Requested by: John E. Jenkins, P.E., Deputy Commissioner, Environmental Quality Control

Read full opinion.

January 23, 1979

Opinion as to whether Abbeville High School officials could use police ‘sniff’ dogs to make periodic checks of student lockers in an effort to curtail possible storage of drugs in these lockers on school premises.

Requested by: Hon. Michael S. Gulledge, SC House of Representatives

Read full opinion.

January 16, 1979

Opinion with respect to if a public hospital, such as Lexington County Hospital, should, or must, a hospital or its employees extract blood samples for blood alcohol analysis from a non-consenting defendant at the request of law enforcement officers or the coroner, and would the hospital or an employee of the hospital be civilly liable for the non-negligent extraction of a blood alcohol sample from a patient without his consent, if this were done at the request of a law enforcement officer or the coroner.

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

Read full opinion.

August 7, 1978

Opinion on whether a physician assistant is completely precluded from performance of administrative tasks and routine tests on new patients by regulation (Regulation No. 81-100(2) and (7)(a) of State Board of Medical Examiners)).

Requested by Mr. Eugene F. O’Connor, President, South Carolina Academy of Physician’s Assistants.

Read full opinion.

August 15, 1977

Opinion on whether the South Carolina Coastal Council’s authority to issue permits under Act No. 123 of 1977 extend to fresh water as well as saline tidelands as defined in the Act.

Requested by Mr. C. Claymon Grimes, Jr., Member, South Carolina Coastal Council.

Read full opinion.

January 10, 1977

Opinion on sale of fuel on Sunday.

Requested by Mr. Jim Hatchell, South Carolina Merchants Association.

Read full opinion.

September 30, 1975

Opinion on the Navigable Waters Law of South Carolina.

Requested by no address.

Read full opinion.

 

 

March 10, 1975

Opinion on judicial decisions or pending legislation relating to compensation and liability for oil damage inflicted by the discharge of oil in the territorial waters of South Carolina.

Requested by The Honorable Ernest F. Hollings, United States Senator.

Read full opinion.

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Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

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

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