Posts Tagged ‘Municipalities’

June 28, 2010

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

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

June 3, 2010

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

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

May 25, 2010

Opinion concerning extending the terms of Board of Trustees.

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

May 6, 2010

Opinion requesting the legality of the Columbia City Council attempting to pass an ordinance which would allow future accident investigations to be turned over to the Highway Patrol when involving an elected official.

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Requested by: Tandy P. Carter, Chief of Police, Columbia Police Department

May 18, 2010

Opinion questioning whether in circumstances where a member of the fire department is also a commissioned law enforcement officer, and is instructed to perform a regularly scheduled fire inspection, does the fact that they are a law enforcement officer require that the individual obtain a search warrant prior to making the inspection.

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Requested by: Jeff Allen, Fire Marshal, Irmo Fire District

May 7, 2010

Opinion on council form of government and the town administrator.

Requested by The Honorable K. Allen Deaton, Mayor, Surfside Beach.

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April 22, 2010

Opinion regarding the applicability of the Nonresident Violators Compact (NRVC) when a driver appears in court, is fined, but subsequently fails to pay the fine.

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Requested by: The Honorable Veronica G. Small, Municipal Court Judge, City of Charleston

April 15, 2010

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

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

April 9, 2010

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

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Requested by: Kenneth E. Gaines, Esquire

March 30, 2010

Opinion asking whether the “city ordinance giving power to the council to approve appointment or dismissal of department heads [is] consistent with state law regarding the mayor-council form of government.” And whether the council alone may reinstate an “employee or department head” who resigned.

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Requested by: Elise F. Crosby, Esquire

March 26, 2010

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

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

March 17, 2010

Opinion concerning the implementation date to change the form of government in the City of Columbia.

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Requested by: Kenneth E. Gaines, Esquire

March 16, 2010

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

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

March 16, 2010

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

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

March 16, 2010

Opinion regarding S.C. Code Ann. § 5-7-200(b) and its applicability to the current vacancy on the Columbia City Council.

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

March 12, 2010

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

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Requested by: Danny C. Crowe, Esquire

February 24, 2010

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

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

January 28, 2010

Opinion regarding the constitutionality of your city’s ordinance concerning loitering.

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Requested by: Chief S.W. White, City of Union, Public Safety Department

January 20, 2010

Opinion asking for clarification on the duties which may be assigned to a town administrator in a town with a council form of government.

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Requested by: The Honorable K. Allen Deaton, Mayor, Surfside Beach

January 14, 2010

Opinion questioning four things, if a fire inspector can complete and sign, as the affiant, a criminal search warrant? Is there an administrative search warrant and who issues the type warrant? If there is an administrative search warrant, can a fire inspector complete and sign this type of search warrant as the affiant? And may a fire inspector serve an administrative search warrant?

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Requested by: Randy S. Thompson, Fire Marshal, Department of Fire Safety, York County

January 11, 2010

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

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Requested by: Bonum S. Wilson, III, Esquire

January 11, 2010

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

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

December 21, 2009

Opinion “regarding the commissioners of New Ellenton Commission of Public Works (NECPW)”.Specifically, “the validity of the position of the current commissioners of the NECPW.”
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Requested by: The Honorable W. Greg Ryberg, Member, SC Senate

December 15, 2009

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

December 15, 2009

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

December 2, 2009

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

November 4, 2009

Opinion referencing proposed changes to the State uniform traffic ticket and requesting approval.
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Requested by: Mark A. Keel, Director, South Carolina Department of Public Safety

October 9, 2009

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

October 7, 2009

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

September 25, 2009

Opinion as to the ability of the City of North Charleston to lease office space to its City Attorney.
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Requested by: The Honorable R. Keith Summey, Mayor, City of North Charleston

September 17, 2009

Opinion regarding the annexation of a subdivision by the City of Spartanburg, using section 5-3-150 of the South Carolina Code.
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Requested by: The Honorable Lee Bright, Member, SC Senate

September 10, 2009

Opinion questioning whether a municipality may constitutionally impose a jail sentence of up to thirty days imprisonment for a violation of a drug paraphernalia ordinance even though state law only imposes a civil fine for such a violation.
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Requested by: R. Brent Thompkins, Esquire

September 10, 2009

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

September 10, 2009

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

September 1, 2009

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

September 1, 2009

Opinion concerning dual office holding. Specifically, asking whether an individual may serve simultaneously as a State constable and a part-time county magistrate.
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Requested by: The Honorable Shane Martin, Member, SC Senate

September 1, 2009

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

August 27, 2009

Follow-up to an opinion issued on April 21, 2009, concerning a mayor pro tempore’s service as mayor.
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Requested by: R. Allen Young, Esquire

August 26, 2009

Opinion on Section 47-1-40 (animal cruelty).

Requested by Tiffany B. Raines, Staff Attorney, South Carolina court Administration.

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August 25, 2009

Opinion regarding the Municipal Association’s Setoff Debt Collection Program pursuant to this State’s Setoff Debt Collection Act, S.C. Code Ann. §§ 12-56-10 et seq.
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Requested by: John B. Williams, Esquire

August 25, 2009

Opinion questioning the proper court for disposal of handicapped parking violations under the new law as well as whether jurisdiction is affected by the type of ticket used to issue a citation for a violation of the handicapped parking provisions.
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Requested by: Rosalyn W. Frierson, Director, South Carolina Court Administration

August 19, 2009

Opinion concerning “whether a Town Council member may serve as a poll manager or clerk without offending State law or constitutional prohibitions against dual office holding.”
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Requested by: Mary C. McCormac, Esquire

August 13, 2009

Opinion questioning whether the Chief of Police of the Town of Ehrhardt also serve as Mayor of Norway South Carolina.
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Requested by: The Honorable William C. Stanley, Mayor, Town of Ehrhardt

August 12, 2009

Opinion questioning whether language added by Act No. 36 of 2009 requires summary court judges to expunge criminal records that arise out of cases involving Title 56, which deal with motor vehicle violations, and Title 50, which deal with Natural Resources or wildlife violations of the Code of Laws.
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Requested by: The Honorable Garry R. Smith, Member, House of Representatives

August 12, 2009

Opinion questioning whether newly enacted Act No. 36, the “Uniform Expungement of Criminal Records Act” applies to traffice offenses or offenses involving the operation of a motor vehicle.
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Requested by: The Honorable Glenn G. Reese, Member, SC Senate

August 4, 2009

Opinion addressing the legality of a proposed ordinance being considered by the City of Tega Cay.
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Requested by: Grant Duffield, City Manager, City of Tega Cay

July 21, 2009

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

July 22, 2009

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

July 13, 2009

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

July 7, 2009

Opinion “concerning the correct configuration of the Lane Town Limits for jurisdiction and ad valorem taxation purposes.”
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Requested by: The Honorable Charlie Fulton, Mayor, Town of Lane

June 17, 2009

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

June 12, 2009

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

June 12, 2009

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

June 10, 2009

Opinion questioning whether is it lawful to require parking stickers for parking at selected parks and recreation sites, and charging all nonresidents a fee of $150.00 for an annual parking sticker while residents of the City are not required to pay anything for the same parking privilege.
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Requested by: Captain David Nelson, Tega Cay Police Department

May 20, 2009

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

May 8, 2009

Opinion regarding whether it is lawful for an ordinance amending Section 2-24(c) of the Code of Ordinance of the City of Florence to be passed assigning the function of serving as the presiding officer at city council meetings to a council member other than the mayor or is such action precluded by Title 5 of the South Carolina Code of Laws or some other state law?
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Requested by: The Honorable Steve Powers, Member, Florence City Council

April 21, 2009

Opinion concerning a mayor pro tempore’s service as pursuant to section 5-7-190 of the South Carolina Code.
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Requested by: R. Allen Young, Esquire

April 9, 2009

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

April 1, 2009

Opinion regarding “the fire sprinkler tax credit against real property taxes and subsequently against state taxes under Act 357, Fire Suppression Act.”
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Requested by: Ray N. Stevens, Director, S.C. Department of Revenue

April 1, 2009

Opinion regarding the City of Columbia’s use of the S.C. Code Ann. §§ 56-5-5810 et seq. to tag vehicles as abandoned when these vehicles are parked on the private property of citizens.
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Requested by: The Honorable Darrell Jackson, Member, SC Senate

March 16, 2009

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

March 4, 2009

Opinion regarding dual office holding. Specifically, whether a Union City Councilman has the ability to get a state constable’s commission as a retired police officer.
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Requested by: The Honorable Robert Garner, Member, Union City Council

February 26, 2009

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

February 20, 2009

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

February 17, 2009

Opinion concerning appeals of decisions made by Six Mile’s Zoning Administrator.
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Requested by: The Honorable John Wade, Mayor, Town of Six Mile

February 17, 2009

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

February 17, 2009

Opinion concerning your concurrent service as Mayor and as operations manager for the Town.
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Requested by: The Honorable Jackie T. Holman, Mayor, Town of Blackville

February 2, 2009

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

January 12, 2009

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

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

January 7, 2009

Opinion concerning the creation of a non-profit organization by the Office on Aging based on Attorney General opinions that have set legal precedent for a government entity to provide public funds to a non-profit corporation.

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Requested by: The Honorable Richard Eckstrom, Comptroller General, State of South Carolina

January 21, 2009

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

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

December 18, 2008

Request for an opinion as a municipality’s requirement to provide water and sewer service to a nonresident.

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

December 17, 2008

Opinion questioning whether of member of a municipal election commission can vote his or her personal knowledge during a protested hearing.

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Requested by: The Honorable Phillip E. Clardy, Mayor, Town of Williamston

December 16, 2008

Opinion questioning the applicability of S.C. Code Ann. § 22-5-115 to licensed security guards.

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

December 2, 2008

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

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Requested by: Bradley T. Farrar, Esquire

October 31, 2008

Opinion regarding the provisions of Act No. 333 of 2008, the Sex Offender Residency Registration Act. Specifically, questioning the restrictions on local governments implementing a distance requirement regarding the residency requirements of sex offenders either more or less than one thousand feet provided for by the Act.

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Requested by: The Honorable Joan Brady, Member, House of Representatives

October 28, 2008

Opinion questioning whether a member of the New Ellenton city council who lives in an area no longer considered a part of or annexed to the City of New Ellenton, may continue to serve out his term of office or does he have to resign.

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

October 23, 2008

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

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

October 17, 2008

Opinion regarding the interpretation of S.C. Code Ann. § 47-1-40.

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Requested by: The Honorable J. David Weeks, Member, House of Representatives

October 13, 2008

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

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

October 8, 2008

Opinion regarding the banning of smoking on a beach.

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Requested by: The Honorable K. Allen Deaton, Mayor, Town of Surfside Beach

September 30, 2008

Opinion questioning whether an individual can be accepted into a pretrial intervention program without being arrested.

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Requested by: David B. King, Chief of Police, Town of Honea Path

September 30, 2008

Opinion regarding campaign literature and materials such as campaign t-shirts, hats, pins, etc. being displayed or worn in an absentee precinct and/or other polling placing.

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

September 25, 2008

Opinion regarding recent amendments to S.C. Code Ann. § 5-7-12(A).

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Requested by: Rosalyn W. Frierson, Director, South Carolina Court Administration

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

September 24, 2008

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

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Requested by: Julie Boland, South Carolina Judicial Department

September 22, 2008

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

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Requested by: Marvin C. Jones, Esquire

September 19, 2008

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

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

September 19, 2008

Opinion regarding the propriety of procedures regarding assets forfeiture pursuant to S.C. Code Ann. §§ 44-53-520 et seq.

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Requested by: The Honorable Trey Gowdy, Solicitor, Seventh Judicial Circuit

August 28, 2008

Opinion regarding S.C. Code Ann. § 47-1-40 as last amended by Act No. 259, specifically, whether agricultural pursuits and activities involving fowl, accepted animal husbandry practices of farm operations and the training of animals, the practice of veterinary medicine, agricultural practices, forestry and silvacultural practices, wildlife management practices, or activity authorized by Title 50 are exempted from prosecution under Section 47-1-40 by the language set forth in subsection (C).

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Requested by: The Honorable J. David Weeks, Member, SC House of Representatives

August 27, 2008

Opinion concerning landfills. Particularly, if the Department of Health and Environmental Control commissioners have the authority to place a moratorium on issuing permits for construction and debris landfills until such time as relevant regulations are amended. Also, if there is anything that would prevent existing permits for construction and debris landfills from being made subject to any change in regulations.

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

August 18, 2008

Opinion regarding regarding the amendment to S.C. Code Ann. § 22-5-110 as set forth in Act No. 346 of 2008 and whether State law permits the courtesy summons to be delivered via certified mail.

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

August 18, 2008

Opinion “relating to fees that municipalities charge to non-resident customers of their water and sewer services.”

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

August 18, 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 requirement for a courtesy summons applies to a business when the bad check itself represents prima facie evidence that a crime has been committed. And whether such requirement applies when an individual has been detained for shoplifting.

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

August 13, 2008

Opinion concerning the residence of on one of the Town of Fort Mill’s councilmembers who was elected in November of 2007.

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Requested by: B. Bayles Mack, Esquire

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

July 31, 2008

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

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Requested by: Robert L. McCurdy, Esquire

July 30, 2008

Opinion regarding the residency requirement for members of the Cheraw Town Council (“Town Council”).

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Requested by: J. William Taylor, Town Administrator, Town of Cheraw

July 11, 2008

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

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

June 5, 2008

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

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

May 30, 2008

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

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Requested by: W. Lee Roper, Esquire

May 23, 2008

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

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

May 21, 2008

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

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

May 5, 2008

Opinion requesting the review of S.C. Code Ann. § 22-5-910.

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Requested by: Lieutenant Joe Means, South Carolina Law Enforcement Division

May 1, 2008

Opinion concerning a change in the form of the City of Hardeeville’s government.

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Requested by: David L. Tedder, Esquire

April 7, 2008

Opinion referencing S.C. Code Ann. 56-5-730 and questioning whether such provision establishes a criminal offense, particularly, whether a police officer could issue a ticket under this provision and whether a solicitor could use this statute for plea bargaining.

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Requested by: The Honorable Jane Pittman Modla, Judge, Rock Hill Municipal Court

April 7, 2008

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

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

April 7, 2008

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

 

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

 

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March 24, 2008

Opinion regarding S.C. Code Ann. 16-17-490 and the propriety of the use by law enforcement officers of a seventeen year old informant to arrange and make a purchase of a controlled substance.

Requested by: Marvin Brown, Commander, York County Multijurisdictional Task Force

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March 10, 2008

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

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

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March 4, 2008

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

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

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March 3, 2008

Opinion concerning the interpretation of S.C. Code Annotated Sections 5-9-10 through 5-9-40.

Requested by: Lee Zimmerman, Esquire, Blythewood Town Attorney

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February 15, 2008

Opinion questioning whether a defendant has completed his entire sentence of the court if he served his jail time but did not pay his fine, and if not, what is the proper procedure to ensure that the defendant complies with the entire sentence.

Requested by: The Honorable D. W. Cannon, Judge, Honea Path Municipal Court

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February 4, 2008

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

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

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January 28, 2008

Opinion questioning, whether it is appropriate for the Town of Pendleton to assess property taxes against a disabled property owner in the same manner as all other citizens.

Requested by: Daniel L. Draisen, Esquire

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January 24, 2008

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

Requested by: Teresa A. Knox, Esquire

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January 22, 2008

Opinion clarifying our December 5, 2007 opinion, which concluded, “that the Town of Summerville may enforce its sign ordinance in state rights of way”.

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

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January 17, 2008

Opinion concerning a constituent who is serving as a member of the Bennettsville City Council and has been offered the position of Town Manager in Kingstree and if this constitutes as dual office holding.

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

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January 16, 2008

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

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

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January 15, 2008

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

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

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January 7, 2008

Opinion regarding the constitutionality of an ordinance of the City of Cayce that imposes certain proximity restrictions on residency and loitering of registered sex offenders in relation to schools, churches, daycare centers, parks and other designated facilities frequented by children and young people.

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

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January 2, 2008

Opinion concerning the validity of a City of Cayce ordinance and whether it violates “the dictates of due process as guaranteed by South Carolina’s Constitution as well as the United States Constitution.”

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

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December 20, 2007

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

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

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December 20, 2007

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

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

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December 5, 2007

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

Requested by: Dennis Pieper, Summerville Town Administrator

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December 3, 2007

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

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

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November 30, 2007

Opinion regarding the home rule act, once a municipality enacts one form of government, i.e. section 5-11-20, specifically the Council form of government can a later council by ordinance give the Mayor the strong Mayor powers of section 5-9-20, et seq.

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

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November 27, 2007

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

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

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October 11, 2007

Opinion concerning implementation of pay increases for the Town’s council and mayor.

Requested by: John B. Williams, Esquire

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October 2, 2007

Opinion as to whether a conflict of interest would arise if a police chief or a police officer were to serve as clerk of court for a municipal court.

Requested by: M. Scott Wilson, Acting Chief of Police, Prosperity Police Department

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September 27, 2007

Opinion questioning if an expunged record remains on the website of the police department, does it become an official record that should expunged.

Requested by: Donald Wilcox, Chief of Police, City of Hanahan Poice Department

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September 13, 2007

Opinion as to whether serving as Town Administrator and serving on the Town of Summerville Planning Commission violates the dual office holding provisions of the South Carolina Constitution.

Requested by: John B. Williams, Esquire

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September 13, 2007

Opinion concerning the actions of a particular council member.

Requested by: The Honorable Phillip E. Clardy, Mayor, Town of Williamston

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September 11, 2007

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

Requested by: Mary C. McCormac, Esquire

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September 10, 2007

Opinion questioning what constitutes “files” in a criminal case pursuant to Section 17-1-40 and whether documents contained in an individual’s certification file must be destroyed pursuant to Section 17-1-40 and, in particular, the 2004 expungement order.

Requested by: William R. Neill, Director, South Carolina Criminal Justice Academy

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August 16, 2007

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

Requested by: Thomas E. Lynn, Esquire

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August 16, 2007

Opinion on several issues concerning municipal incorporations.

Requested by: The Honorable William F. Cotty, Member, House of Representatives

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August 3, 2007

Opinion referencing recent legislation, Act No. 82 of 2007, which amends S.C. Code Annotated section 17-1-40 and fees associated with the expungement process.

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

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August 3, 2007

Follow-up opinion to a July 18, 2007 opinion regarding whether an individual can vote in the Democratic Presidential Primary and vote Republican in the general election. The new question is whether an individual may vote in the Democratic Presidential Primary and also vote in the Republican Primary for local and state offices.

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

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July 31, 2007

Opinion questioning whether a chief of police is authorized to enter a nol pros on municipal court level tickets issued by officers within his department.

Requested by: Eric G. Fosmire, Esquire

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July 24, 2007

Opinion on Section 1-11-730(F) (eligibility for state insurance plans).

Requested by The Honorable J. Yancey McGill, Member, South Carolina Senate.

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July 13, 2007

Opinion concerning the impact of the Abandoned Manufactured Home Removal Act on existing laws.

Requested by: Daniel L. Draisen, Esquire

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June 1, 2007

Opinion concerning the eligibility of Town employees to serve as poll workers for municipal elections.

Requested by: R. Allen Young, Esquire

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May 21, 2007

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

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

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May 18, 2007

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

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

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May 16, 2007

Opinion regarding the question of whether a municipal lawenforcement officer is authorized to routinely require a driver to provide his or her social security number upon being stopped for a traffic offense.

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

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May 9, 2007

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

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

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May 9, 2007

Opinion as to whether a municipal law enforcement officer may require a driver to provide his or her social security number upon being stopped for a traffic offense.

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

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May 2, 2007

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

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

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May 1, 2007

Opinion regarding the possibility of decriminalizing a proposed smoking ban offense in Mount Pleasant municipal court.

Requested by: R. Allen Young, Esquire

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April 23, 2007

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

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

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April 5, 2007

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

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

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March 28, 2007

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

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

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March 28, 2007

Opinion regarding bond hearings. Specifically how soon must a bond hearing be held after a defendant has been arrested.

Requested by: James A Preacher, Jr., Chief of Police, Norway Police Department

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March 28, 2007

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

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

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March 14, 2007

Opinion inquiring as to the ability of the Board’s members to attend meetings via telephone.

Requested by: Pat Hudson, Chairman, State Workplace Investment Board

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March 12, 2007

Opinion as to whether notice should be provided to attorneys representing crime victims of judicial proceedings involving their clients.

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

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February 16, 2007

Opinion as to the validity of Richland County Ordinance No. 091-06HR. The Ordinance increases Richland County fees for commercial vehicles, with a portion of the revenue designated for funding mass transit in Richland County.

Requested by: The Honorable Bill Cotty and Jimmy Bales, Members, House of Representatives

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February 16, 2007

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

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

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January 29, 2007

Opinion considering the constitutionality of section 5-31-620 of the South Carolina Code.

Requested by: Margaret C. Pope, Esquire

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January 29, 2007

Opinion regarding whether serving as Commissioner on the South Carolina Forestry Commission (“the Commission”) and serving as a member of the Town of Summerville’s Zoning Board of Appeals would constitute as dual office holding.

Requested by: G.E. Muckenfuss

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January 29, 2007

Opinion concerning being “elected Mayor Pro Tem by the Latta Town Council following the suspension of Mayor Lanue Berry, and the resignation of Mayor Pro Tem Christy Berry”, and having authority to reappoint members to committees as acting Mayor for the Town of Latta.

Requested by: The Honorable Alexander J. Stoops, Jr., Mayor Pro Tem, Town of Latta

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January 8, 2007

Opinion on whether the Barnwell County Council has authority to make budget reductions affecting offices of elected officials.

Requested by The Honorable Keith Sloan, Vice Chairman, Barnwell County Council.

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December 20, 2006

Opinion regarding a proposed contract to provide police protection, such as patrolling roads for speeders and other traffic violators, for an area joining the Town of Bonneau known as the Bonneau Beach Community, also called Lake Moultrie.

Requested by: The Honorable Rembert E. Wrenn, Mayor, Town of Bonneau

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December 15, 2006

Opinion concerning the enforcement of a City of Clinton ordinance. Specifically, a college town dealing with off campus housing, and the number of people that can live in one residence.

Requested by: The Honorable Jeffery D. Duncan, Member, House of Representatives

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December 1, 2006

Opinion requesting whether being a member of both Myrtle Beach Downtown Redevelopment Corporation, and a member of the city’s Planning Commission is in violation of the dual office holding.

Requested by: Doug Martin

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November 14, 2006

Opinion regarding the use of the uniform traffic ticket by law enforcement officers.

Requested by: Martha E. Johnson, Interim General Counsel, South Carolina Criminal Justice Academy

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November 8, 2006

Opinion questioning whether or not a referendum will be required to allow the assumption of ownership of the City of Chesnee’s sewer system by the Spartanburg Sanitary Sewer District.

Requested by: Lawrence E. Flynn Jr., Esquire

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November 3, 2006

Opinion referencing that recently a City of Union public safety officer arrested a defendant for trespassing after notice and possession of drug paraphernalia.

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

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October 9, 2006

Opinion concerning the Town of Briarcliffe Acres’ proposed sewer collection system.

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

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October 11, 2006

Opinion questioning if serving as Deputy Attorney for the City of Spartanburg and being considered for a position on the South Carolina Public Charter School Board of Trustees would constitute dual office holding.

Requested by: Cathy Hoefer McCabe, Deputy City Attorney, City of Spartanburg

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October 10, 2006

Opinion questioning the basis for opinions of this office that have concluded that the terms of municipal council members may be shortened in certain circumstances.

Requested by: R. Allen Young, Esquire

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September 29, 2006

Opinion concerning section 58-27-640 of the South Carolina Code.

Requested by: The Honorable Jeffrey D. Duncan, Member, House of Representatives

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September 28, 2006

Opinion is a follow up to opinion issued on July 26, 2006 regarding the constitutional problems encountered by a loitering ordinance.

Requested by: The Honorable Henry B. Fishburne, Jr.; The Honorable Jimmy S. Gallant, III; The Honorable Robert M. Mitchell; and The Honorable James Lewis, Jr., Members, Charleston City Council

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September 25, 2006

Opinion questioning whether a local government is authorized to “structure home detention and utilize it for prisoners that are incarcerated in local jails under ninety days or less.”

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

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September 14, 2006

Opinion questioning the traffic enforcement actions of the Wellford, Lyman and Duncan Police Departments.

Requested by: The Honorable Chuck Wright, Sheriff, Spartanburg County

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August 29, 2006

Opinion concerning amendments to an ordinance enacted by a referendum in Folly Beach. This referendum would create a new section in the Fire Prevention Code.

Requested by: Aaron Pope, Zoning Administrator, City of Folly Beach

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August 25, 2006

Opinion concerning where vehicles operating in South Carolina, but owned by an out of state business should be registered.

Requested by: The Honorable Cyrus Spradley, Aiken County Auditor

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August 25, 2006

Opinion questioning whether the Sheriff of Chester County can assume additional duties like assuming police duties in each town. Specifically, questioning whether in assuming additional duties, how may the Sheriff receive additional compensation.

Requested by: The Honorable Jay Hodge, Solicitor, Fourth Judicial Circuit

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August 24, 2006

Opinion concerning road maintenance fees imposed by the Florence County Council.

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

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August 16, 2006

Opinion concerning dual office holding. Specifically, holding a position on the Sumter County School District Two School Board, while employed as an enforcement officer with the South Carolina Department of Natural Resources.

Requested by: Richard P. Dye

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August 2, 2006

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

Requested by: Joseph O. Burroughs

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July 27, 2006

Opinion referencing a recently enacted provision amending S. C. Code Ann. § 61-6-2010 which deals with the issuance of a temporary permit allowing the possession, sale, and consumption of alcoholic liquors by the drink to “bona fide nonprofit organizations and business establishments otherwise authorized to be licensed for sales.”

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

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July 26, 2006

Opinion regarding a proposed municipal ordinance.

Requested by: Charleston City Council Members

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July 24, 2006

Opinion questioning the jurisdiction of the Town of Bluffton Police Department to enforce traffic regulations on portions of U.S. 278 adjacent to the town boundaries.

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

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July 19, 2006

Opinion regarding the legality and constitutionality of the Competitive Cable Services Act.

Requested by: R. Allen Young, Esquire

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July 6, 2006

Opinion concerning financial transaction card fraud and jurisdiction of a court with regard to such offense.

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

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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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June 30, 2006

Opinion questioning whether Charleston Water Works “can arbitrarily and capriciously limit the wholesale sewer services it provides to the Town of Hollywood, and simultaneously increase services to selected areas in the City of Charleston?”

Requested by: The Honorable Gerald D. Schuster, Mayor, Town of Hollywood

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June 26, 2006

Opinion regarding the placement of numbers on official ballots in Beaufort County.

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

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June 16, 2006

Opinion regarding dual office holding, specifically, being on the Florence School District Three Board of Trustees and a town judge.

Requested by: The Honorable Patsy McCutcheon, Board Member, Florence School District Three

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June 9, 2006

Opinion regarding the legal implications of the City of North Myrtle Beach’s decision to close or abandon an easement providing beach access to the public.

Requested by: Chris Noury, Esquire

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June 6, 2006

Opinion regarding the legality of having every vehicle parked in the driveway of a residence having to display a tag and be insured or the vehicle must be disposed or removed.

Requested by: Elizabeth Wright, Chief of Police, Town of Pine Ridge

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May 26, 2006

Opinion concerning the annexation of property contained in the Buffalo Fire District by the City of Union (the “City”).

Requested by: Eddie Newton, Chairperson, Buffalo Fire Department

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May 26, 2006

Opinion regarding a municipality’s authority to levy a local business license tax.

Requested by: The Honorable Gilda Cobb-Hunter, Member, House of Representatives

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May 19, 2006

Opinion regarding the applicability of the Freedom of Information Act (FOIA) to a political party caucus of the South Carolina House of Representatives.

Requested by: The Honorable James H. Merrill, House Majority Caucus Leader, House of Representatives and The Honorable J. Todd Rutherford, Member, House of Representatives

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May 15, 2006

Opinion requesting as to “whether S.1205, which is currently pending before the House of Representatives, is valid and not violative of Home Rule since it specifically states that state law has preempted the regulation of agricultural facilities.”

Requested by: The Honorable William D. Witherspoon, Member, House of Representatives

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May 12, 2006

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

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

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April 27, 2006

Opinion concerning an employee contract the Mayor of Lake City (the “Mayor”) entered into with the City Administrator.

Requested by: Lake City City Council

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April 21, 2006

Opinion asking whether someone on the Bamberg Registration and Election Commission, who decided to run County Council, need to step down from her position on the Elections Commission.

Requested by: Betty S. Kilgus, Chairperson, Bamberg County Registration and Elections

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April 21, 2006

Opinion request “as to whether this proposed waiver to the monthly charge for all future grinder pump users comports with the Equal Protection Clauses of the US and South Carolina Constitutions, and is otherwise legal.”

Requested by: Roy R. Hemphill, Esquire

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April 18, 2006

Opinion regarding the prosecution of first and second offense criminal domestic (CDV) cases.

Requested by: The Honorable Robert F. Williams, Jr., Magistrate for Fairfield County

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April 10, 2006

Opinion regarding dual office holding in the City of Bluffton.

Requested by: Terry A. Finger, Esquire

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March 27, 2006

Opinion questioning the legality of an ordinance, which imposed an administrative service fee in the amount of ten dollars on offenders found guilty in the Mount Pleasant municipal court.

Requested by: R. Allen Young, Esquire

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March 20, 2006

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

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

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March 17, 2006

Opinion questioning whether your position as a Fairfield County Veterans Affairs Officer constitutes an office for dual office holding purposes.

Requested by: Michael B. O’Connor, Veterans Affairs Officer, Fairfield County Veterans Affairs Office

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March 15, 2006

Opinion questioning whether an individual charged with the offense of issuing a fraudulent check or any offense for which a uniform traffic ticket may be utilized is required to be brought in for a booking process whereby photographs and fingerprints are obtained.

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

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March 15, 2006

Opinion questioning whether an individual fails to appear in court, can a rule to show cause be issued? And if so, if that individual fails to appear pursuant to the subpoena, can a bench warrant be issued for contempt?

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

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March 13, 2006

Opinion concerning compliance of “York County requirements for the transfer of responsibility for City elections from the City to York County, may the City’s Council, by duly passed ordinance, extend the termination of the terms of its Councilmen and Mayor now in office?”

Requested by: Grant Duffield, City Manager, City of Tega Cay

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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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February 8, 2006

Opinion regarding the South Carolina Firefighter Mobilization Oversight Committee (the “Committee”) and the interpretation of sections 23-49-60(A) and 23-49-70 of the South Carolina Code.

Requested by: Adrienne Riggins Youmans, Director, South Carolina Department of Labor, Licensing and Regulation

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February 3, 2006

Opinion concerning the use of local hospitality tax revenues by a municipality pursuant to South Carolina Code Section 6-1-730.

Requested by: Kelly Knight Byrd, Esquire

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February 1, 2006

Opinion questioning whether a county council is authorized to create an ordinance against speeding along with establishing civil penalties and remedies for that violation. Also whether it is then legal for the law enforcement agency with jurisdiction to send citations to the registers owner by certified mail.

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

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January 26, 2006

Opinion questioning whether a privately owned restaurant fits within the definition of a “public indoor area” for purposes of such Act and whether further municipal action is preempted by such legislation.

Requested by: R. Allen Young, Esquire

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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 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 11, 2006

Opinion regarding Tax Increment Financing (TIF) and the use of such funding mechanism by the city of Easley.

Requested by: The Honorable Shirley Jones, Chairperson, Board of Trustees, Pickens County School District

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January 11, 2006

Opinion regarding “the legal ability of local governments to establish a local housing trust fund that is funded by a permanent dedicated tax or fee on local revenues.”

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

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January 4, 2006

Opinion questioning whether a uniform traffic summons can serve as the charging document for the offense of criminal domestic violence (“CDV”), 1st offense.

Requested by: Timothy Ford, Chief of Police, Eastover Police Department

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December 13, 2005

Opinion questioning whether Union County Ordinance Section 2-204 is enforceable in its current form.

Requested by: Sammy G. Diamaduros, Esquire

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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 8, 2005

Opinion raising questions regarding the Town of Mount Pleasant possibly changing its municipal election date.

Requested by: R. Allen Young, Esquire

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November 28, 2005

Opinion questioning who prosecutes a fraudulent check case when the solicitor will not.

Requested by: The Honorable Thomas Ed Taylor, Summary Court Judge

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November 17, 2005

Opinion questioning whether a city administrator has the authority to suspend a municipal judge without pay in circumstances where a private citizen files a compliant with the Commission on Judicial Standards against the judge.

Requested by: The Honorable Johnnie C. Edwards, Municipal Judge, City of Chester

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November 9, 2005

Opinion questioning whether local law is effective giving the New Ellenton police department jurisdiction on the grounds of the New Ellenton Middle School.

Requested by: Kelly F. Zier, Esquire

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November 4, 2005

Opinion questioning the authority of the York City Council to extend its terms through an ordinance which would extend four council seats set to expire in April, 2006 for an additional eighteen months.

Requested by: The Honorable J. Edward Lee, Ph.D., Mayor, City of York

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November 2, 2005

Opinion questioning if seeking and holding the Richland County Council office while remaining an employee of the Department of Corrections violates dual office holding provisions.

Requested by: The Honorable Nathan Ballentine, Member, House of Representatives

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October 21, 2005

Opinion regarding a continuing surplus in the Florence County Infrastructure Fund.

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

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October 13, 2005

Opinion regarding a private entity leasing airport property for more or less than 25 years. Specifically, whether there have been “any changes and/or amendments to Title 55 addressing this issue?”

Requested by: Revé M. Richardson, Recording Secretary, Aeronautics Commission

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October 11, 2005

Opinion questioning who has the authority to open or close a state highway that runs through the municipal boundaries of a city.

Requested by: The Honorable Dick Elliott, Member, SC Senate

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October 3, 2005

Opinion questioning the requirement of the payment of a filing fee when a case is transferred from the federal district court to the state circuit courts.

Requested by: DeShield Smith, Circuit Court Representative, South Carolina Court Adminstration

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September 26, 2005

Opinion regarding dual office holding. Specifically, as to whether an individual could serve simultaneously as the Anderson County Auditor and as a member on the board of directors for the Hammond Water District.

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

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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 19, 2005

Opinion questioning as to whether the winner of a municipal election in dispute can be sworn in, or does the current council member retain office pending the appeal.

Requested by: Joseph A. Vasquez, Esquire

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September 12, 2005

Opinion questioning whether a city solicitor may enter into a “release dismissal” agreement with a defendant regarding charges pending before a municipal court.

Requested by: Christopher E. A. Barton, Esquire

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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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September 7, 2005

Opinion questioning whether a magistrate is authorized to dismiss a charge.

Requested by: The Honorable Thomas E. Taylor, Summary Court Judge

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September 6, 2005

Opinion regarding dual office holding and conflict of interest. Specifically, whether it would violate the dual office holding provision of the South Carolina Constitution to serve simultaneously as a City Councilman for the City of Hardeeville and the Jasper County Planning and Zoning Coordinator.

Requested by: The Honorable Edward Moyd, City Councilman, City of Hardeeville

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August 29, 2005

Opinion regarding dual office holding. Specifically, whether an individual serving as the Executive Director of the Lowcountry Regional Council of Governments and as a compensated secretary for the Walterboro-Colleton County Airport Commission may serve on the City Planning Commission without violating the dual office holding provision.

Requested by: E.R. McConnell, City Manager, City of Walterboro

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August 24, 2005

Opinion regarding the authority and responsibilities of a board of commissioners of public works.

Requested by: The Honorable Jane C. Singh, Chairman, Elloree Water System

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August 24, 2005

Opinion concerning the authority of the Water Commission of Elloree in relation to the authority of the Mayor and Town Council.

Requested by: John G. Felder, 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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August 2, 2005

Opinion “concerning whether the State Law Enforcement Division (SLED) should issue emergency regulations to carry out its new regulatory responsibilities under S.318, which became Act 77 of 2005.”

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

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July 29, 2005

Opinion referencing provisions of Section 56-5-170, asking whether animal control officers, county fire code officials, and building code officials can continue to use blue or red lights on their vehicles.

Requested by: Mark W. Tollison, Esquire

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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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June 23, 2005

Opinion questioning whether a magistrate or municipal judge may sentence a defendant to a term of imprisonment of thirty days with no “good time” or “work credit” if the fine is not paid in lieu of jail time.

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

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June 8, 2005

Opinion regarding the status of a water purchase and supply agreement between St. George and Lake Marion Regional Water Agency this office concluded that the agreement was a municipal franchise and, thus, subject to the provisions of S.C. Code Ann. § 5-31-50.

Requested by: The Honorable David C. Sojourner, Mayor, Town of St. George

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June 1, 2005

Opinion regarding Georgetown County disseminating accommodation tax money to various entities, which promote tourism in the County. Specifically, whether those in receipt of these funds should be required to follow established Georgetown County procurement procedures.

Requested by: John M. Tolar, Esquire

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May 6, 2005

Opinion inquired as to whether it would be a violation of the dual office holding prohibition to serve simultaneously as Mayor and Planning and Zoning Administrator for the Town of Hollywood.

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

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May 2, 2005

Opinion regarding recent legislation enacted by the General Assembly legalizing the practice of tattooing.

Requested by: The Honorable William C. Mescher, Member, SC Senate

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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 “concerning implementation in South Carolina of the National Flood Insurance Program (NFIP).”

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

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April 5, 2005

Opinion referencing a prior opinion of this office which held that summary courts in this State do not have the authority to issue a subpoena duces tecum.

Requested by: The Honorable Jane Pittman Modla, Rock Hill Municipal Court Judge

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April 4, 2005

Opinion inquiring as to the constitutionality of a City of Hardeeville Ordinance imposing a user fee upon certain fire protection and emergency medical services.

Requested by: David L. Tedder, Esquire

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March 22, 2005

Opinion asking if the Nonresident Violators Compact (NRVC), codified as S.C. Code Ann. §§ 56-25-10 et seq. applicable since Subject A did not fully comply with the traffic citation by paying the required fines.

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

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March 10, 2005

Opinion concerning the enabling Act of Clinton Newberry Natural Gas Authority.

Requested by: The Honorable A. A. Morris, Jr., Member, Newberry County Council

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March 4, 2005

Opinion that requested clarification of S.C. Code Ann. § 5-7-30 and our opinion, Op. S.C. Atty. Gen. Op. No. 89-144, dated October 13, 1989.

Requested by: Mr. Steven E. Thomas, City Administrator, City of Conway

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March 1, 2005

Opinion questioning whether S.C. Code Ann. § 12-43-217 (A) (2000) permits Beaufort County to conduct real property reassessments more often than once every five years.

Requested by: Mr. Gary Kublic, Beaufort County Administrator

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March 1, 2005

Opinion indicating that the Town of Williston and City of Barnwell have been requested by the Barnwell County Sheriff’s Department to enter into what is entitle a “Multiple Law Enforcement Agency Criminal Investigation and Mutual Aid Agreement.” And asking whether Section 23-20-30 authorizes a contract between a county and a municipality to transfer a municipal officer “in response to any law enforcement need” including, but not limited to, emergency situations; civil disorders; natural or man-made disasters; vehicle or other pursuits of criminal suspects; location of missing persons; or criminal activities involving both or multiple jurisdictions.

Requested by: Thomas M. Boulware, Esquire

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February 14, 2005

Opinion as to whether the South Carolina Department of Parks, Recreation and Tourism (SC PRT) possesses the authority to request direct payment from the special tourism infrastructure fund for the expenses incurred by the SC PRT during certification as required by the Tourism Infrastructure Admissions Tax Act, codified at Section 12-21-6510 et seq.

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

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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 8, 2005

Opinion indicating that there is a municipal judge, an attorney in Newberry County, who is also employed by the solicitor’s office as a prosecutor in the family court and if this constitutes a conflict of interest.

Requested by: The Honorable Mark E. English, Chief Magistrate, Newberry County

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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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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 25, 2005

Opinion concerning the authority of municipality to rename a street within the boundaries of the municipality.

Requested by: James W. Peterson, Jr., Esquire

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January 18, 2005

Opinion questioning whether if a city purchases a property which is one property removed from the city limits, can it be annexed as being “near”. And whether the size of the in-between property would be a factor and what constitutes “adjacent” and whether adjacent could be two properties separate and still near.

Requested by: Michael B. Phillips, Chester City Administrator

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December 16, 2004

Opinion questioning whether a municipal police department and a clerk/treasurer’s office are permitted to share information between them for official business purposes and the enforcement of codes.

Requested by: Mr. Gregory S. Krabbe, City Ordinance Inspector, City of Seneca, Office of Clerk/Treasurer

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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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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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December 6, 2004

Opinion questioning whether law enforcement can arrest the defendant for violation of a condition of the bond that was imposed inasmuch as they have knowledge of such conviction.

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

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December 2, 2004

Opinion questioning whether County animal control officers can use a uniform traffic ticket to cite for violations.

Requested by: Major Samuel White, Hampton County Sheriff’s Office

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November 18, 2004

Opinion regarding Florence County imposing by ordinance a thirty dollar road system maintenance fee which is collected throughout the year along with the payment of vehicle taxes. Specifically, the legality of the carryover of the surplus road system maintenance fee funds to the next fiscal year.

Requested by: Charlie J. Blake, Jr., Esquire

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November 8, 2004

Opinion questioning “since a new form of government will be established, can the council set a salary for that position after the ordinance adopting the form of government is approved.”

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

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October 22, 2004

Opinion regarding “the efforts of the Hunley Commission and the Friends of the Hunley in the ongoing conservation of the Hunley…”

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

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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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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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September 13, 2004

Opinion “as to the upcoming referendum in Charleston County for a sales tax ordinance and the ballot question to be used in the referendum.”

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

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September 8, 2004

Opinion asking, at what point of time is an individual’s driver’s license suspended for driving under the influence, the date of conviction or the date he receives written notice of the suspension.

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

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August 9, 2004

Opinion regarding the statutory procedure for a change in the form of municipal government, found in S.C. Code Section 5-5-10 et seq.

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

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July 28, 2004

Opinion questioning the authority of an out of state company that assists magistrates courts to collect on unpaid tickets.

Requested by: The Honorable Mark E. English, Chief Magistrate, Newberry County

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July 9, 2004

Opinion concerning dual office holding. Specifically, whether a Town Administrator in Charleston County can also be appointed as a member of the Charleston County Election Commission.

Requested by: R. Allen Young, Esquire

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July 1, 2004

Opinion questioning a local ordinance which makes the possession of drug paraphernalia unlawful.

Requested by: Dale H. Edwards, Chief, Bowman Police Department

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July 1, 2004

Opinion involving the situation in which a person alleging that he is the father of a child takes that child from possession of the child’s mother, who is the child’s legal custodian, and refuses to return the child.

Requested by: The Honorable Ricky W. Chastain, Sheriff, Laurens County

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June 16, 2004

Opinion concerning dual office holding, specifically asking whether membership on the Municipal, County, and State Committees violate that rule.

Requested by: Gregory D. DeLoach, Esquire

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June 7, 2004

Opinion as to the meaning of “political management” as used in S.C. Code Ann. Section 7-13-75 (Supp. 2003).

Requested by: Agnes M. Garvin, Executive Director, Beaufort County Board of Elections and Registration

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June 7, 2004

Opinion concerning dual office holding, whether you can be on the Aiken County Council and have employment with the state government.

Requested by: Ms. Gwendolyn Conner

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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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May 21, 2004

Opinion concerning dual office holding. Specifically, if a maintenance worker for the town of Olar that was elected to the Olar Town Council is in violation of the dual office holding provisions.

Requested by: The Honorable Brenda Bessinger, Mayor, Town of Olar

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May 20, 2004

Opinion regarding the Capital Project Sales Tax Act codified as S.C. Code Ann. Sections 4-10-300 (Supp. 2003).

Requested by: Stephen G. Riley, Town Manager, Town of Hilton Head Island

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April 23, 2004

Opinion questioning whether the Board of Voter Registration and Elections for Charleston County is required to print and mail new voter registration cards to all registered voters in the County as a result solely of the creation of district lines for new County Council districts where no change of ward or precinct boundaries is involved.

Requested by: Samuel W. Howell, IV, Esquire

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April 20, 2004

Opinion regarding the authority of a circuit solicitor to control the disposition of cases in municipal court through admittance to the pretrial intervention program in his or her office.

Requested by: Kimberly V. Barr, Esquire

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March 30, 2004

Opinion questioning whether police officers may ticket drivers pursuant to Winnsboro city ordinance 7-2001 for playing a car radio too loud.

Requested by: The Honorable Faye Johnson, Municipal Judge, Town of Winnsboro

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March 26, 2004

Opinion regarding the collection of municipal cleanup fees and costs such as those established by S.C. Code Ann. Sections 5-7-80 and 31-15-30.

Requested by: C. Anthony Harris, Jr., Esquire

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March 10, 2004

Opinion regarding the roles and interrelation of the Abbeville County Council, the County Finance Director, and the County Treasurer.

Requested by: Judy F. Scott, Abbeville County Treasurer

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February 4, 2004

Opinion regarding S.C. Code Ann. Section 17-13-45 (2003).

Requested by: Thomas M. Boulware, Esquire

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January 21, 2004

Opinion questioning whether there are any State statutes addressing a situation where the operator of a motor vehicle leaves a highway and travels onto private property thereby damaging personal property, such as a flower garden, porches or swings.

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

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January 15, 2004

Opinion regarding the expenditure of the Water Recreational Resources Fund (the Fund), which is administered by the Department of Natural Resources (DNR).

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

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January 13, 2004

Opinion concerning whether a county treasurer may withhold a tax receipt until the entire outstanding balance owed to the county, including the cost of demolition of a dwelling that is demolished pursuant to county ordinance and state statue, is paid.

Requested by: Jonathan M. Robinson, Esquire

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January 6, 2004

Opinion regarding the county jail housing municipal prisoners.

Requested by: William D. Traber, Chief of Police, Easley Police Department

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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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