Posts Tagged ‘Special purpose district’

September 6, 2017

Opinion on whether individual convicted of arson and received a pardon from South Carolina can be allowed to work for the local fire department (Section 40-80-20, Code of Laws).

Requested by The Honorable Kent Williams, Member, South Carolina Senate.

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June 2, 2017

Opinion on whether the process delineated in Section 6-11-10 et seq. is violative of the South Carolina Constitution.

Requested by The Honorable Steven W. Long, and the Honorable Josiah Magnuson, Members, South Carolina House of Representatives.

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April 26, 2017

Opinion on incentivized inclusionary zoning requirements (Home Rule Act of 1975).

Requested by The Honorable Wendell G. Gilliard, Member, South Carolina House of Representatives.

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April 13, 2017

Opinion on whether the Pioneer Rural Water District has the power to contract for or undertake construction of a new freshwater treatment facility (Article 3 of Chapter 13, Title 6).

Requested by The Honorable Bill Sandifer, Member, South Carolina House of Representatives.

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February 10, 2017

Opinion on S.C. Code Section 56-3-1965 (whether Charleston County Aviation Authority is a “municipality” and thus subject to the statute requiring municipalities to provide free parking to handicapped people with placards or plates).

 

Requested by The Honorable Sean M. Bennett, Member, South Carolina Senate.

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February 1, 2017

Opinion on residency requirements for commissioners of the Richland County Recreation Commission.

 

Requested by The Honorable John Scott, Member, South Carolina Senate.

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December 9, 2016

Opinion on whether a special purpose district’s fire board can be elected by popular vote.

Requested by The Honorable Stephen Goldfinch, Member, South Carolina Senate.

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September 9, 2016

Opinion on whether a special purpose district is considered a city/town or an unincorporated community with respect to insurance (Sections 29-3-320 and 29-3-330).

Requested by Paul Zier, Esquire, Counsel to the Langley Water Sewer and Fire District.

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September 1, 2016

Opinion on Oconee County Ordinance 2015-35 (Reformed and Restated Ground Lease Agreement).

Requested by David A. Root, Esquire, Oconee County Attorney.

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August 19, 2016

Opinion on whether a special district fire board can be elected by popular vote.

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

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August 16, 2016

Opinion on whether an outcome of a vote can be changed in a subsequent meeting for filling vacancies on the Renewable Water Resources Board of Commissioners.

Requested by The Honorable Bruce Bannister, Vice Chairman, Greenville County Legislative Delegation.

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June 21, 2016

Opinion regarding whether serving on both the Dorchester County Water Authority and the Department of Transportation Commission would constitute dual office holding.

Requested by The Honorable Sean M. Bennett, Member, South Carolina Senate.

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June 6, 2016

Opinion regarding the Treasurer’s right to carry a concealed weapon in the Lexington County Treasurer’s Office.

Requested by The Honorable James Eckstrom, Treasurer, County of Lexington.

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May 12, 2016

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

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

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May 3, 2016

Opinion regarding whether or not the Home Rule Act invalidates the laws in Chapter 11, Title 6 of the SC Code of Laws, relating to special purpose districts.

Requested by The Honorable Donna C. Hicks, Member, and The Honorable Doug Brannon, Member, South Carolina House of Representatives.

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April 29, 2016

Opinion pertaining to the annual ad valorem tax levy collected for the Recreation Commission of Richland County.

Requested by Mr. Larry C. Smith, Esquire, Attorney for Richland County.

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April 25, 2016

Opinion on whether or not the Legislative Audit Council has the authority to audit the Greenville Health System Office of Philanthropy.

Requested by Eric Douglass, General Counsel, Legislative Audit Committee.

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April 14, 2016

Opinion regarding the correct method to determine the permitted operating millage increase for the School District in each fiscal year.

Requested by Francenia B. Heizer, Esquire, McNair Law Firm, P.A.

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March 31, 2016

Opinion regarding whether the Buffalo Volunteer Fire Department is a special purpose district.

Requested by The Honorable Bryan Gardin, Chief, Buffalo Fire Department.

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March 4, 2016

Opinion regarding the regulation of firearms in the Greenville Arena District.

Requested by Dante Russo, Vice Chairman, Greenville Arena District.

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March 4, 2016

Opinion regarding the Cherokee Springs Fire District in Spartanburg County.

Requested by The Honorable Shane Martin, Senator, District 13.

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January 26, 2016

Opinion regarding Section 4-8-20 of the 1976 South Carolina Code of Laws.

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

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January 26, 2016

Opinion regarding books and records inspection for homeowners associations in South Carolina.

Requested by Senator Tom Davis.

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December 30, 2015

Opinion regarding whether the Clarendon County Fire Protection Service Area would be subject to the millage rate cap imposed by S.C. Code Ann. 6-1-320 (Supp. 2014).

Requested by Patricia Pringle, Esq., Clarendon County Auditor.

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November 24, 2015

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

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

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November 12, 2015

Opinion regarding the Savannah Lakes Village Special Tax District.

Requested by G.P. Callison, Jr., Esquire, McCormick County Attorney, Callison Dorn Law Firm, P.A.

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October 28, 2015

Opinion concerning whether the Enabling Act (Act No. 769 of 1973) is constitutional under the Home Rule Amendments.

Requested by The Honorable William M. “Bill” Chumley, House of Representatives, District No. 35.

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September 28, 2015

Opinion on Act 432, can Greenville Health Systems transfer ownership of itself to a private entity without public or legislative approval.

Requested by the Greenville Legislative Delegation.

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September 28, 2015

Opinion on whether Greenville Health Systems can transfer assets to a foundation that has no accountability to the Greenville Legislative Delegation.

Requested by The Honorable Mike Fair, Member, South Carolina Senate.

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August 24, 2015

Opinion regarding use of Special Tax District tax funds.

Requested by G.P. Callison, Jr., Esq., McCormick County Attorney.

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July 27, 2015

Opinion related to the South Carolina Freedom of Information Act.

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

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July 16, 2015

Opinion on whether the Chesterfield County Council can change a fire district boundary which is also a special purpose tax district without District Fire Board of Directors’ concurrence or agreement.

Requested by the Honorable Richard Yow, Member, South Carolina House of Representatives.

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April 9, 2015

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

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

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February 19, 2015

Opinion regarding whether it would be dual office holding for an individual to serve on both the Greenville County Legislative Delegation Transportation Committee and the Metropolitan Sewer Subdistrict of the Greenville County Sewer Authority.

Requested by The Honorable Wendy Nanney, Greenville County Legislative Delegation.

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February 19, 2015

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

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

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February 12, 2015

Opinion regarding the boundaries of the Metropolitan Sewer Subdistrict.

Requested by James R. Freeland, Chairman, Board of Commissioners, Metropolitan Sewer Subdistrict.

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December 22, 2014

Opinion request regarding whether it is a conflict for a law firm to continue as general counsel to a statutorily-created special purpose district providing fire and sewer services when the spouse of the main attorney who represents the district has been elected a commissioner on the board of the special purpose district.

Requested by Trent M. Kernodle, Esquire, Kernodle, Root & Coleman.

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December 17, 2014

Opinion regarding the applicability of the South Carolina Tort Claims Act to tort claims brought against the South Carolina Municipal Insurance and Risk Financing Fund.

Requested by The Honorable Rebecca Vance, Manager, Town of Cayce.

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December 4, 2014

Opinion regarding a Freedom of Information Act request that was received by the Fairfield County Detention Facility.

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

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September 23, 2014

Opinion regarding the authority of the Murrells Inlet-Garden City Fire District “to levy and collect taxes.”

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

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September 23, 2014

Opinion regarding the ownership of the Georgetown County Rice Museum/Town Clock and its contents.

Requested by Wesley P. Bryant, Georgetown County Attorney.

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September 18, 2014

Opinion regarding the interpretation of statutory authority governing millage rate increases for special purpose districts in the context of Murrell’s Inlet-Garden City Fire District’s desire to increase its millage rate from 10 to 14 mills.

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

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August 5, 2014

Opinion regarding “Simpsonville has just implemented Standing Committees with three council members on each committee. Two friends that have always gone to lunch and on day trips together happen to be on a committee together. Since the two now present a quorum, does this mean they will no longer be able to socialize?”

Requested by: The Honorable Geneva Lawrence, Mayor pro tempore, Simpsonville City Hall

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July 9, 2014

Opinion as to whether the Town of Edgefield can reinstate a property tax millage rate of 81 mills, which was adjusted from 81 to 0 mills in 2006 under the impression that it could subsequently be reintroduced.

Requested by: The Honorable Roger Le Duc, Town of Edgefield Administrator

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July 3, 2014

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

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

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June 18, 2014

Opinion asking does the Charleston County Aviation Authority, as a special purpose district, have to pay building permit fees, or is the special purpose district exempt from such ordinances and regulations enacted by the county or municipality with jurisdiction over the special purpose district?

Requested by: Andrew Savage, Esquire, Charleston County Aviation Authority

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June 13, 2014

Opinion asking several questions regarding the James Island Public Service District receiving funds and statutory provision [S.C. Code §] 4-10-10.

Requested by: The Honorable Bill Woolsey, Mayor, Town of James Island

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June 8, 1990

Opinion concerning whether an opinion dated June 17, 1976 which concluded that the Broad Creek Public Service District Commission was not authorized to compensate its members, remains the opinion of this Office; or alternatively, whether or not the provisions of Section 6-11-91 of the South Carolina Code of Laws (1989 Cum. Supp.) would apply to a public service district created by act of the General Assembly.

Requested by: Cameron A. Glenn, Esquire

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May 20, 2014

Opinion on whether section 40-80-20(B) of the South Carolina Code applies to convictions of arson which occurred prior to June 30, 2001.

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

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April 29, 2014

Opinion whether the position of an individual on both the Orangeburg County Planning Commission and the City of Orangeburg Aviation Commission would constitute dual office holding.

Requested by: James F. Walsh. Jr., Esq., City of Orangeburg Attorney

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April 28, 2014

Opinion asking several questions regarding taxes and receipt of funds in the Town of James Island and James Island Public Service District.

Requested by: The Honorable Bill Woolsey, Mayor, Town of James Island

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March 12, 2014

Opinion regarding whether a governmental entity can donate money to a private religion-based educational institution.

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

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January 15, 2014

Opinion asking may Greenville County use S.C. Code Section 12-37-235 to levy a fire service fee on tax exempt real property (such as cemeteries, hospitals, synagogues, non-profit corporations and churches) on behalf of a special purpose district and remit such a fee to the special purpose district?

Requested by: Mark W. Tollison, Esquire, Greenville County Attorney

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January 14, 2014

Opinion asking does the Charleston County Aviation Authority have to go through the process under the South Carolina Consolidates Procurement Code (“S.C. Procurement Code”) pursuant to S.C. Code 11-35-10 et seq. for a written contract with its legal counsel will work pursuant to contract and not as an employee?

Requested by: Andrew J. Savage, III, Chairman, Charleston County Aviation Authority Board

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August 29, 2013

Opinion regarding the ability of a nonprofit water company to provide a month of free water to residential customers but not business customers.

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

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July 17, 2013

Opinion regarding the interpretation of Ordinance 91-21 in reference to the Savannah Lakes Village Special Tax District.

Requested by: G.P. Callison, Jr., Esquire, McCormick County Attorney

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April 30, 2013

Opinion related to the Little Mountain Reunion (the “Reunion”), a festival that has historically been held on an annual basis in the Town of Little Mountain (the “Town”).

Requested by: The Honorable Jana W. Jayroe, Mayor, Town of Little Mountain

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April 23, 2013

Opinion regarding “the effects on projects approved in an initial referendum to impose a one percent sale tax pursuant to Section 4-10-300, et seq. of the South Carolina Code.”

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

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March 4, 2013

Opinion seeking the interpretation of S.C. Code § 30-4-40(a)(13) of the Freedom of Information Act (“FOIA”). Specifically, asking whether the above provision requires the disclosure of materials gathered to fill a governmental position for which there are three or more final applicants when an individual government employee is responsible for filing the position.

Requested by: Paul W. Dillingham, Esquire, Spencer & Spencer, P.A.

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November 15, 2012

Opinion asking would South Carolina Soil and Water Conservation Districts be eligible for funding under the South Carolina Rural Infrastructure Act?

Requested by: Ken Rentiers, Deputy Director, S.C. Department of Natural Resources

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September 19, 2012

Opinion concerning the manner in which the proceeds of a sale by the Lancaster County Forfeited Land Commission should be distributed when such proceeds are insufficient to pay all “unpaid property taxes, penalties, assessments…and costs including taxes levied for the year in which the redemption period begins.”

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

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September 19, 2012

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

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

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August 9, 2012

Opinion regarding water and sewer rates for the Richland-Lexington Airport District (“Airport District”).

Requested by: Rebecca V. Rhodes, AICP, City Manager, City of Cayce

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July 17, 2012

Opinion regarding whether the Governor has the authority to suspend a public official who was indicted for a violation of the State Ethics Act (the “Ethics Act”).

Requested by: Swati S. Patel, Esquire, Chief Legal Counsel, Office of the Governor

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May 16, 2012

Opinion concerning eligibility requirements for members of the Saluda County Water and Sewer Authority (the “Authority”).

Requested by: Brian L. Burgess, Manager, Saluda County Water and Sewer Authority

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April 30, 2012

Opinion “as to whether Article 3 of Chapter 13, Title 6 confers upon the Pioneer Rural Water District of Oconee and Anderson Counties the power to contract for or undertake the construction of new freshwater treatment facilities.”

Requested by: Andy Fiffick, Esquire

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March 30, 2012

Opinion concerning the interpretation of sections 5-3-310 through -315 of the South Carolina Code (2004). The facts, as you have represented them, are that the City of North Charleston (“the City”) has annexed a portion of unincorporated Dorchester County that has heretofore been serviced by the Ashley River and Old Fort Fire Districts (collectively, “the Districts”).

Requested by: John G. Frampton, Esquire

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March 30, 2012

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

Requested by: Francenia B. Heizer, Esquire

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March 9, 2012

Opinion regarding 2012 S.C. Acts 155, §1 (R. 122, H. 3895) (the “Act”), which became effective on February 1, 2012, upon approval by the Governor. The Act amends S.C. Code Ann. §17-15-20 so as to provide that an appearance bond is valid for a certain time period in circuit and magistrate or municipal courts under certain circumstances, and also provides for a procedure to relieve the surety of liability when the time period has run.

Requested by: The Honorable John Richard C. King, Member, House of Representatives

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March 2, 2012

Opinion concerning the approval power vested in the governing body of Kershaw County as that power concerns the levy of taxes for the benefit of the Lugoff Fire District.

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

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February 29, 2012

Opinion concerning the authority of the Metropolitan Sewer Subdistrict created by Act 687 of 1969.

Requested by The Honorable David L. Thomas, Senator, District 8 and The Honorable Shane R. Martin, Senator, District 13

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February 24, 2012

Opinion regarding the Richland-Lexington Airport District (the “Airport District”). You ask us whether or not the City of Cayce is obligated to provide the same water and sewer rates to the Airport District as it charges to resident customers.

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

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November 18, 2011

Opinion regarding county veterans’ affairs officers. Specifically, asking for clarification as to whether the county veterans’ affairs officer is thus subject to State personnel policies. And if not, whether the delegation may then adopt a grievance policy for the veterans’ affairs officer.

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

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August 24, 2011

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

Requested by: Thomas M. Boulware, Esquire

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June 21, 2011

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

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

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May 18, 2011

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

Requested by: W. Lawrence Brown, Aiken County Attorney

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April 15, 2011

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

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

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February 3, 2011

Opinion concerning the Jasper County Board of Zoning Appeals.

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Requested by: Marvin C. Jones, Esquire

November 1, 2010

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

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

October 26, 2010

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

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

September 8, 2010

Opinion concerning actions taken by the South Carolina State University Board of Trustees with regard to the election of its president.

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Requested by: The Honorable Robert Ford, Member, SC Senate

July 19, 2010

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

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Requested by: William McBee Smith, Esquire

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 12, 2010

Opinion concerning the Freedom of Information Act and a list of school district employee salaries.

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

April 22, 2010

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

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

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

December 21, 2009

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

October 27, 2009

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

October 14, 2009

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

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

August 4, 2009

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

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

March 2, 2009

Opinion regarding circumstances in which commissioned law enforcement officers who are also employed by and are members of the fire department that originally responded to a fire remains at the fire scene to conduct an origin and cause investigation.
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Requested by: Jeff Allen, Fire Marshal, Irmo Fire District

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

December 8, 2008

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

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

October 8, 2008

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

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

August 14, 2008

Opinion concerning voting procedures for the State Health Planning Committee (the “Committee”). Specifically, you inquire as to whether the Committee “violated the South Carolina Freedom of Information Act in the conduct of a June 27, 2008 public meeting by utilizing a written ballot procedure with ballots not being available at the meeting and by counting a proxy vote from a member not present at the meeting.”

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Requested by: The Honorable Nikki G. Setzler, Member, SC Senate

June 25, 2008

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

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Requested by: Thomas L. Martin, Esquire

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

March 6, 2008

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

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March 4, 2008

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

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

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July 11, 2007

Opinion concerning a homeowners’ association’s ability to impose a transfer fee on the purchasers of homes located in the area covered by the homeowners’ association.

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

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June 26, 2007

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

Requested by: Edwin C. Haskell, III, Esquire

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June 6, 2007

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

Requested by: Sarah Forbes-Jones, Esquire

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March 30, 2007

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

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

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January 24, 2007

Opinion dealing with the South Carolina Freedom of Information Act (“FOIA”). And a FOIA request for the names of the South Carolina Vocational Rehabilitation Department’s (“the Department’s”) employees participating in the Teacher and Employee Retirement Incentive (“TERI”) program and the dates these employees began participating in the TERI program.

Requested by: Eric S. Moore, Human Resource Director, SC Vocational Rehabilitation Department.

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December 28, 2006

Opinion on the issues of “whether the St. Johns Water Company is a ‘public body’ subject to the Freedom of information Act (FOIA) requirements.”

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

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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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September 5, 2006

Opinion concerning the Beech Island Rural Community Water District’s “authority to provide sewer to the public in [its] existing service area as well as our planned expansion projects..”

Requested by: The Honorable Ronnie Wood, Chairman; Ken Gray, Member; Larry Newman, Member; Billy Proctor, Member; Don Tipton, Member, Beech Island Rural Community Water District Board of Directors

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July 19, 2006

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

Requested by: W. Thomas Sprott, Esquire

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June 27, 2006

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

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

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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 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 8, 2006

Opinion regarding the absence of a commissioner due to military service.

Requested by: Bill Starr, Chairman, Goose Creek Recreation Commission

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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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March 24, 2006

Opinion asking the question: “Does the Executive Director of the Special Purpose District have to be an employee of the District or can he be appointed an independent contractor?”

Requested by: Louis Morant, Member, Board of Directors, Georgetown County Water and Sewer District

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January 24, 2006

Opinion regarding two petitions received by Colleton County Council (the “ Council”).

Requested by: Carol L. Clark, Esquire

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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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November 29, 2005

Opinion questioning whether Jasper County has two or four representatives on the board of the Beaufort- Jasper Water and Sewer Authority (hereinafter “the Authority”).

Requested by: The Honorable R. Thayer Rivers, Jr., Member, House of Representatives

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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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March 29, 2005

Opinion concerning the constitutionality of Bill H.3728, which would allow a Water Commissioner to be appointed from the Service Area and Taxing District, rather than just the Taxing District only.

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

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January 5, 2005

Opinion questioning the legality of a real estate transfer fee imposed by the Harbor Island Owners Association (HIOA) of Beaufort County.

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

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December 15, 2004

Opinion questioning whether Laurens County Council has the authority to amend Ordinance No. 147 of 1982, so as to change the nomination process and length of terms for Board members and to establish a Board of seven members, one each to be nominated from the seven single member districts in the County.

Requested by: A. Cruickshanks, IV, Esquire

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November 24, 2004

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

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

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October 27, 2004

Opinion questioning whether the South Carolina Association of Public Charter Schools (SCAPCS) is required to comply with this State’s Freedom of Information Act (“FOIA”) as set forth by S.C. Code Ann. Sections 30-4-10 et seq. (Supp. 2003).

Requested by: W. Fred Crawford, Principal, Greenville Technical Charter High School

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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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August 8, 2003

Opinion concerning certain appropriations by the Anderson County Council.

Requested by: Thomas L. Martin, Esquire, Anderson County Attorney

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July 31, 2003

Opinion concerning the Donalds-Due West Water Authority.

Requested by: The Honorable John Drummond, Senator, District No. 10; The Honorable William O’Dell, Senator, District No. 4; The Honorable Harry C. Stille, Member, House of Representatives; The Honorable Ronald P. Townsend, Member, House of Representatives; The Honorable Michael A. Pitts, Member, House of Representatives

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May 19, 2003

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

Requested by: Donald Howe, Esquire

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May 6, 2003

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

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

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April 24, 2003

Opinion concerning the authority of Cherokee County to acquire a supplemental water source for the County.

Requested by: The Honorable L. Hoke Parris, Chairman, Cherokee County Council

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April 21, 2003

Opinion regarding “the activation of the Oconee County Water [Authority] so that they will be in a position to be heard on critical issues concerning water management of the Lake Keowee area.”

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

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April 3, 2003

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

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

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March 18, 2003

Opinion regarding the recent ruling by the Honorable James Johnson in the case of Owings v. Hodges, 2002-CP-24-1136.

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

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March 12, 2003

Opinion asking if the Clinton Newberry Natural Gas Authority is an agency of South Carolina and if serving on the board of the authority violates the dual office prohibition when the board is composed of the following members: Clinton Mayor, Newberry Mayor, two Clinton City Council Members, and two Newberry City Council Members.

Requested by:  Lieutenant Governor Andre Bauer, Office of the Lieutenant Governor

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February 19, 2003

Opinion concerning the possible dissolution of the Inman Mills Water District and/or its take-over by another water district, possibly the Inman-Campobello Water District.

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

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February 12, 2003

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

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

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November 19, 2002

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

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

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October 31, 2002

Opinion asking does the Ladies Island/St. Helena Fire District have the power of condemnation pursuant to the provisions of Section 6-11-130 even though this power is not specifically addressed in the Act creating this district?

Requested by: James S. Gibson, Jr., Esquire

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August 16, 2002

Opinion concerning the referendum provisions of S.C. Code Ann. §§6-11-350. Specifically, “[i]n your opinion, is the wording submitted by the Metro Sewer Board proper… [and]… [i]f the wording remains as it was submitted and referendum passed, do you think that a legitimate challenge could be filed?”

Requested by: Constance G. Moody, Director, Voter Registration & Elections Office

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August 2, 2002

Opinion asking this Office to “….research the Codes regarding a Special Purpose District in Spartanburg County known as the Inman-Campobello Water District to determine if qualified electors residing in the district are permitted to petition the commission for the purpose of electing members to the board.”

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

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March 28, 2001

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

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

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February 15, 2001

Opinion concerning the Freedom of Information Act and its application to the Chester County Economic Development Board.

Requested by: Milton E. Hamilton, Esquire

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December 12, 2000

Opinion concerning the Salem Watershed Conservation District (District) in Florence County.

Requested by: Susan S. Quinn, Assistant Chief Counsel, South Carolina Department of Natural Resources

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November 17, 2000

Opinion requesting on the recent amendments to the statutes governing annexation.

Requested by: James S. Gibson, Jr., Beaufort County Attorney

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October 16, 2000

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

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

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October 11, 2000

Opinion requesting whether a special purpose district must follow the state procurement code when leasing and disposing of property.

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

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October 3, 2000

Opinion regarding the priority of a lien created by South Carolina Code of Laws Section 6-11-170.

Requested by: William W. Doar, Jr., Esquire

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October 2, 2000

Opinion inquiring whether local law enforcement officers can obtain customer address information from the Seneca Light and
Water Plant.

Requested by: The Honorable Danny Singleton, Municipal Judge, Seneca Municipal Court

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September 20, 2000

Opinion on an interpretation of the newly elected S.C. Code Ann § 5-3-150, which provides an alternate method of annexation by which 75% of the freeholders owning more than 75% of the assessed valuation of the property to be annexed sign a petition requesting annexation.

Requested by: Anne E. Stelts, Esquire

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August 1, 2000

Opinion asking whether the Governor possesses statutory authority to remove these individuals from office for failure to perform their duties.

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

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September 24, 1999

Opinion questioning the constitutionality of Act No. 733 of 1967, concerning the Georgetown County water and Sewer District.

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

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September 3, 1999

Opinion asking: “May the Attorney General become involved in settling boundary disputes (a) for an area/district created before home rule and (b) for an area/district created after home rule?”

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

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August 5, 1999

Opinion asking whether the Legislative Audit Council has the authority to conduct audits of special purpose districts.

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

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July 21, 1999

Opinion informing that the burden of raising funds for garbage disposal within the City of Chester has recently fallen on the City rather than the County, which had previously provided the service.

Requested by: Arthur Lee Gaston, Esquire

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July 7, 1999

Opinion asking whether member of the Goose Creek Recreation Commission must reside within the boundaries of the Recreation Commission.

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

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April 19, 1999

Opinion concerning the carrying of handguns in motor vehicles.

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

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February 2, 1999

Opinion regarding the Calhoun County and Eastman Chemical Company and its Lease Purchase Agreement. This opinion also addressed the Calhoun County School District’s desire to build a new elementary school in the county.

Requested by: F. Lee Prickett, Jr., Esquire

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August 17, 1998

Opinion regarding the proper statutory interpretation of the Capitol Project Sales Tax Act.

Requested by: R. Carlisle Roddey, County Supervisor, Chester County

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June 25, 1998

Opinion as to whether the Chester County Natural Gas Authority (hereinafter “the Authority”) may purchase future contracts for natural gas.

Requested by: Emil W. Wald, Esquire

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March 26, 1998

Opinion as to the proper procedures to be followed in filling a vacancy on the Board of Fire Control for the Duncan Chapel Fire District.

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

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March 23, 1998

Opinion about real estate transfer fees which the town of Hilton Head continues to collect pending resolution of the issue by the General Assembly.

Requested by: The Honorable Earle E. Morris, Jr., Comptroller General

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February 9, 1998

Opinion informing that the legislation which created the Charleston County Parks and Recreation Commission (hereinafter “PRC”) includes a prohibition against any commissioner receiving compensation for their service as such.

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

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November 17, 1997

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

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

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October 8, 1997

Opinion asking whether the District may increase or expand the compensation package for members of its governing body.

Requested by: Scott Elliott, Esquire

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August 20, 1997

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

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

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August 19, 1997

Opinion concerning the number of members present in the Georgetown County Water and Sewer District.

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

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August 19, 1997

Opinion concerning the constitutionality of S.448.

Requested by: William W. Doar, Jr., Esquire

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July 17, 1997

Opinion concerning whether the power to appoint members of the Newberry County Community Hall Commission (hereinafter “Commission’) rests with the Newberry County Council or the remaining members of the Commission.

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

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July 9, 1997

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

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

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February 4, 1997

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

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

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October 7, 1996

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

Requested by: Emil W. Wald, Esquire

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August 14, 1996

Opinion regarding S.C. Code Ann. 388-53-310 (1995 Cum. Supp.) which requires professional bail bondsmen to file with the clerk of court of the county of his principal place of business a written report regarding all the bail bonds on which he is liable as of the first day of each month, and inquiring whether or not this report should be available to the public, specifically competitors.

Requested by: Derrick K. McFarland, Staff Attorney, S.C. Court Administration

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May 3, 1996

Opinion questioning whether there is a recall procedure for the members of the Goose Creek Parks and Playground Commission and questioning the legality of automatically including annexed residents of Goose Creek in the Goose Creek Parks and Playgrounds District.

Requested by: The Honorable Greg Smith, Senator District 34

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March 18, 1996

Opinion inquiring whether S.C. Code Ann. 6-5-10 (1976&1995 Cum. Supp.), pertaining to authorized investments of political subdivisions of this State, would constrain the Little River Water & Sewerage Company, Inc., in exercising the provisions of S.C. Code Ann. 33-35-80(12).

Requested by: George B. Adams, Executive Manager, Little River Water & Sewerage Company, Inc.

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September 22, 1995

Opinion concerning as to whether the Fripp Island Public Service District would have the authority to adopt, as part of its water regulations, a requirement that all newly constructed residences within the Fripp island Public Service District be required to have sprinkler systems.

Requested by: Michael L. M. Jordan, Esquire

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June 19, 1995

Opinion concerning various issues surrounding the Greenville Memorial Auditorium and the proposed Greenville Arena.

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

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April 19, 1995

Opinion asking (1) Under what specific “certain circumstances” may the County Council alter boundaries of the District or cause its merger? (2) What procedures would be required prior to carrying out such a merger? (3) Would residents of the Irmo Chapin recreation District have the opportunity to vote on this matter relative to any alteration of boundary or merger?

Requested by: Jerry A. Miller, Executive Director, Irmo Chapin Recreation Commission

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March 27, 1995

Opinion asking whether or not it would be proper for a local Fire District Commission to attempt to organize a “Special Purpose District Lobby” on a local basis using department funds for postage, stationery, and the like.

Requested by: The Honorable Carole C. Wells, Member, House of Representatives

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March 24, 1995

Opinion inquiring as to making keys to the office and filing cabinets available to one of the members of the Taylors Fire and Sewer District’s governing body.

Requested by: Patricia Welborn

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March 23, 1995

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

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

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September 7, 1994

Opinion concerning the constitutionality of S.1432, R-563, an act embracing relocation of the Folly Beach Public Oyster Ground, an eleemosynary corporation in Florence County, and the Goose Creek Park and Playground Commission.

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

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August 26, 1994

Opinion asking how the selection of the new fire marshal will affect existing special purpose districts.

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

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July 5, 1994

Opinion asking, “must an FLC pay the county treasurer when the FLC is the “successful bidder” at a tax sale?” Also, if the FLC acquires the title to property, and the governing body of that county wishes to acquire ownership and permanent use of the property, must the commission deed the property to the county? Or, is the title held by the commission equivalent to county ownership.

Requested by: Mr. Michael L. Horton, Assistant Comptroller General

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June 27, 1994

Opinion asking whether S.C. Code Ann. §6-11-70 (1993 Cum. Supp.) applies to the process of implementing an election and also whether terms of the appointed members may be shortened.

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

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May 31, 1994

Opinion on the constitutionality of amendments to H. 4800 and H. 4826.

Requested by The Honorable Thomas L. Moore, Member, South Carolina Senate.

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February 17, 1994

Opinion questioning the constitutionality of Senate bill 284, particularly as to the retroactive clause, concerning the annexation of municipalities by a county.

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

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February 17, 1994

Opinion questioning the constitutionality of H.4452, a bill which provides that the Beech Island Water District in Aiken County may continue to serve the areas it served as of January 1, 1993.

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

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December 10, 1993

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

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

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September 30, 1993

Opinion regarding S.C. Code Ann. §30-4-50, which in part specifically declares the names, sex, race, title, and dates of employment of all officers and employees of public bodies be public information.

Requested by: The Honorable William C. Mescher, Senator District 37

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July 16, 1993

Opinion concerning whether a dual office holding situation exists if a member of the Old Ninety Six Tourism Commission simultaneously serves on the Ware Shoals Town Council.

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

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June 2, 1993

Opinion inquiring as to the status of the Lowcountry and Resort Islands Tourism Commission, as well as the constitutionality of the legislative act which created the Commission.

Requested by: Ladson F. Howell, Beaufort County Attorney

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April 26, 1993

Opinion asking as to the constitutionality of H.3787, R-65, an act relating to the New Prospect Area Fire District in Spartanburg County.

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

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April 26, 1993

Opinion asking as to the constitutionality of S.295, R-46, an act relating to the Cherokee Springs Fire District in Spartanburg County.

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

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April 1, 1993

Opinion inquiring about the status of the James Island Public Service District since the incorporation of the new Town of James Island.

Requested by: The Honorable D. N. Holt, Jr., Chairman, Charleston County Legislative Delegation; The Honorable Ronald C. Fulmer, Member, House of Representatives; The Honorable Robert A. Barber, Jr., Member of House of Representatives

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November 23, 1992

Opinion regarding the mechanics of Act No. 319 of 1992 as to the appointment of members of the charter commission and as to the exclusion of municipalities from the proposed charter of the consolidated political subdivision.

Requested by: The Honorable Warren K. Giese, Senator District 22

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September 8, 1992

Opinion regarding the redevelopment plan for the Congaree Vista, which is funded by a tax increment financing plan authorized by S.C. Code Ann. § 31-6-10 et seq.

Requested by: The Honorable Warren K. Giese, Senator, District No. 22

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July 22, 1992

Opinion concerning whether the county directors [of the SC Department of Social Services], as employees of the Agency, are entitled to grievance rights.

Requested by: The Honorable J. Samuel Griswold, Interim Commissioner, South Carolina Department of Social Services

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June 16, 1992

Opinion concerning the constitutionality of H.4880, R-573, an act clarifying the status of the Hartsville Community Center Building Commission.

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

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May 22, 1992

Opinion concerning the procedure to dissolve a rural water district in South Carolina.

Requested by: The Honorable Robert J. Sheheen, Speaker of the House of Representatives

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April 15, 1992

Opinion concerning whether public service districts would be allowed to operate under last year’s budget in the event a veto cannot be overridden this year on legislation similar to that of years past.

Requested by: The Honorable D.N. Holt, Jr., Chairman, Charleston County Legislative Delegation

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March 9, 1992

Opinion concerning the constitutionality of H.4308, R-300, an act relative to the Board of Commissioners of the Marion County Hospital District.

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

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January 16, 1992

Opinion concerning whether the Family Counseling Center of Greenville, Inc., would be considered a public body under the Freedom of Information Act.

Requested by: The Honorable Nick A. Theodore, Lieutenant Governor, State of South Carolina

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June 28, 1991

Opinion concerning whether or not the Freedom of Information Act applies to a search committee of a state university, which committee is searching for or interviewing candidates to fill a “public figure” type office. The opinion also addresses whether the Freedom of Information Act can be properly construed to allow recessing and reconvening of executive sessions between cities or across the continent without giving additional notice.

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

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June 4, 1991

Opinion addressing a request that this Office reconsider a conclusion expressed in an opinion dated September 23, 1982.

Requested by: Gary T. Pope, Esquire, Newberry County Attorney; Joseph W. Hudgens, Esquire

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April 24, 1991

Opinion concerning the constitutionality of H.3618, R-64, an act relative to the Marion County Hospital District.

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

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March 8, 1991

Opinion addressing three questions relating to special purpose districts.

Requested by: The Honorable Roger M. Young, Member, House of Representatives

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January 10, 1991

Opinion concerning establishing a tax district for the Fort Mill Rescue Squad.

Requested by: B. Bayles Mack, Esquire

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January 8, 1991

Opinion regarding Aiken County’s plans to enter into a lease-purchase agreement for the purpose of renovating the Bath Mill and to sign this lease-agreement with the Horse Creek Valley Partners without asking for bids from anyone else. This opinion addresses whether state law requires bids for a project of this magnitude.

Requested by: The Honorable Irene K. Rudnick, Member, House of Representatives

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January 7, 1991

Opinion concerning whether a dual office holding situation exists if a member of the Charleston County Board of Social Services simultaneously serves as a Commissioner of the St. Andrew’s Public Service Commission.

Requested by: Gaines W. Smith, Esquire

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December 11, 1990

Opinion concerning whether the Department of Wildlife and Marine Resources’ distribution of the tax allocated under Section 12-27-390 is restricted to counties or if it may remit the funds to other political entities.

Requested by: Buford S. Mabry, Jr., Esquire, Chief Counsel, S.C. Wildlife & Marine Resources Department

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December 11, 1990

Opinion concerning whether the Breezy Hill Water and Sewer Company man participate in the cooperative purchasing program under the South Carolina Consolidated Procurement Code, S.C. Code Ann. § 11-35-10 et seq. (1986).

Requested by: Leo H. Hill, Esquire

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December 5, 1990

Opinion on the Clean Indoor Air Act.

Requested by The Honorable John C. Land, III, Member, South Carolina Senate.

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December 4, 1990

Opinion concerning whether the Chester County Natural Gas Authority may legally expand its boundaries to serve people living in the Midford Community in Fairfield County.

Requested by: The Honorable Paul E. Short, Jr., Member, House of Representatives

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December 3, 1990

Opinion concerning whether the Richland County Recreation Commission, as a special purpose district created by the General Assembly, has the legal authority to sell property which has been purchased by or donated to the Commission.

Requested by: Mr. Michael L. Harlan, Director of Parks and Recreation, Richland County Recreation Commission

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November 1, 1990

Opinion concerning whether a retainer relationship between an individual’s firm of which the individual is principal stockholder, and the referenced corporation for the purpose of originating lease/purchase transactions with local governments would be prohibited by the State Ethics Act, Sections 8-13-10 et seq. of the Code.

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

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October 19, 1990

Opinion addressing questions regarding how the Irmo Fire District could be dissolved.

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

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October 1, 1990

Opinion on the ownership of and right to control the Township Auditorium.

Requested by C. Dennis Aughtry, Esquire, Attorney for Richland County.

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July 25, 1990

Opinion concerning the purchase of Tort Liability Insurance by Clemson University and whether Clemson University is a “political subdivision” for the purposes of the South Carolina Tort Claims Act [South Carolina Code Section 15-78-10, et seq. (1989 Cum. Supp.)].

Requested by: Ben W. Anderson, Legal Counsel, Clemson University

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July 23, 1990

Opinion concerning whether the Indoor Clean Air Act of 1990 (R-600) applies to Special Purpose Districts such as the Recreation District of Richland County.

Requested by: Michael L. Harlan, Director of Parks and Recreation, Richland County Recreation Commission

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June 4, 1990

Opinion concerning the constitutionality of S.1603, R-639, an act providing the method of appointment of members of the governing body of the Laurens County Health Care System.

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

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May 18, 1990

Opinion addressing several questions concerning the North Greenville Fire District.

Requested by: The Honorable Dill Blackwell, Member, House of Representatives

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May 10, 1990

Opinion concerning whether the Housing Authority of the City of Columbia is a “governmental body” as defined by §11-35-310 (18), 1976 Code of Laws of South Carolina, as amended.

Requested by: William R. Ballou, Administrator, The Housing Authority of the City of Columbia

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May 3, 1990

Opinion concerning the constitutionality of H.5044, R-548, an act authorizing the Boiling Springs Fire District in Greenville County to employ firemen in addition to selecting volunteer firemen.

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

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May 1, 1990

Opinion concerning whether the Richland County Historic Preservation Commission might be “merged” with the Historic Columbia Foundation.

Requested by: The Honorable Jennie C. Dreher, Secretary, Richland County Historic Preservation Commission

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April 23, 1990

Opinion concerning the constitutionality of H.4895, R-516, an act enlarging the service area of Broadway Water and Sewerage District in Anderson County.

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

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March 20, 1990

Opinion concerning whether a constitutional problem arises concerning H.4353 which would provide special purpose district boards with the power to place an emergency ban on the burning of trash or debris.

Requested by: The Honorable John Rama, Member, House of Representatives

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March 12, 1990

Opinion concerning whether political subdivisions are required to have a balanced budget.

Requested by: Mr. E. Gregorie Frampton, Executive Director, SC Tax Commission

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March 5, 1990

Opinion regarding what procedure must be followed to create an entity to be known as the Richburg Fire District.

Requested by: The Honorable Paul E. Short, Jr., Majority Leader, House of Representatives

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March 5, 1990

Opinion regarding a number of questions on behalf of Florence County Council concerning the Lower Florence County Hospital Board.

Requested by: James C. Rushton, III, Esquire, Attorney for Florence County

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February 22, 1990

Opinion concerning the levying of millage for the Anderson County Fire Protection Commission.

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

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September 21, 1989

Opinion concerning whether the Charleston Harbor Estuary Citizen’s Committee would be a public body and thus subject to the requirements of the South Carolina Freedom of Information Act, Section 30-4-10 et seq., Code of Laws of South Carolina (1988 Cum. Supp.)

Requested by: Ms. Margaret A. Davidson, Executive Director, South Carolina Sea Grant Consortium

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September 7, 1989

Opinion concerning the jurisdiction of local planning commissions.

Requested by: Edgar Dyer, Esquire, Special Counsel, Horry County Planning Commission

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September 6, 1989

Opinion addressing several questions regarding the Marlboro County Historical Preservation Commission.

Requested by: The Honorable John I. Rogers, III, Speaker Pro Tempore, House of Representatives

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August 14, 1989

Opinion concerning §1-11-65 of the Code of Laws of South Carolina, 1989, as amended this year.

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

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June 23, 1989

Opinion concerning the authority of the Stroud Memorial Hospital District to levy taxes, issue bonds and borrow funds.

Requested by: Ms. Earlene G. Jones, Administrator, Stroud Memorial Nursing Home

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May 15, 1989

Opinion concerning whether the County governing body must provide funds to the County Election Commission for the purpose of holding elections regarding annexation of areas into municipality and elections for members of boards of special purpose districts.

Requested by: Robert M. Bell, Esquire

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May 15, 1989

Opinion concerning whether a county election commission is the proper authority to make a voting rights submission.

Requested by: Joseph S. Mendelsohn, Esquire, Attorney at Law

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May 8, 1989

Opinion concerning the constitutionality of H.3964, R-126, which sets the millage for several agencies, special purpose districts, and commissions located within Charleston County.

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

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March 31, 1989

Opinion concerning the constitutionality of H.3501, R-62, an act approving the dissolution of the Una Water District.

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

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January 16, 1989

Opinion concerning whether Chester County Council can take over the control and appointment of the Chester Metropolitan Water District and the Chester Sewer District, and addressing the procedure to be followed if this is permissible.

Requested by: The Honorable Paul E. Short, Jr., Member, House of Representatives

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January 6, 1989

Opinion concerning the appointment authority of Chester County Council with respect to the Chester County Mental Retardation Board and Chester County Council on Aging, Inc.

Requested by: W. C. Keels, Esquire, Chester County Attorney

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October 31, 1988

Opinion concerning whether the requirements of Act No. 488 of 1984 (codified as Section 6-11-1610 et seq. of the Code of Laws of South Carolina) would be applicable to the Boone Hall Fire district and the East Cooper Fire District, both created by Charleston County Council pursuant to Section 4-19-10 et seq. of the Code.

Requested by: James L. Bridges, Deputy County Attorney, County of Charleston

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October 18, 1988

Opinion regarding the authority and the process to be utilized in removing the City of Mauldin from the Greenville County Recreation District should such removal be desired.

Requested by: John P. Mann, Esquire, Mauldin City Attorney

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September 19, 1988

Opinion regarding whether ratified act number 732 (S.1461) of 1988 should be followed to effect appointments of members to the Newberry County Water and Sewer Authority.

Requested by: Gary T. Pope, Esquire, Newberry County Attorney

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June 3, 1988

Opinion concerning the constitutionality of H.4276, R-775, which sets the millage for several agencies, special purpose districts, and commissions located within Charleston County.

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

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June 2, 1988

Opinion concerning whether two employee organizations recognized by the South Carolina Department of Social Services would be considered public bodies and thus subject to the requirements of the Freedom of Information Act.

Requested by: The Honorable James L. Solomon, Jr., Commissioner, South Carolina Department

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May 26, 1988

Opinion regarding the extent to which the Appalachian Council of Governments, as a “third party public agency”, would have a legal obligation to release information regarding salaries paid to various city and governmental employees to the media or the public.

Requested by: The Honorable Joe B. Davenport, Chairman, Appalachian Council of Governments

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March 8, 1988

Opinion concerning a situation in which the City of Clemson and the East Clemson Water District are in the position of serving the same geographic area, due to annexations by the City.

Requested by: The Honorable Edward W. Simpson, Jr., Member, House of Representatives

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February 29, 1988

Opinion concerning the governing body of the Boiling Springs Volunteer Fire Department and their operations.

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

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February 19, 1988

Opinion regarding the establishment of a grievance procedure to be used by the Parker Special Purpose District in Greenville, South Carolina.

Requested by: The Honorable James G. Mattos, Member, House of Representatives

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February 5, 1988

Opinion concerning whether School Improvement Councils would be considered “public bodies” under the South Carolina Freedom of Information Act.

Requested by: Dr. Vance O. Johnson, District Superintendent, Newberry County Public Schools

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December 1, 1987

Opinion concerning whether Article VIII, Section 16 of the South Carolina Constitution requires a municipality to conduct a referendum, if it has not done so previously, before entering into a Community Development Block Grant agreement with the Office of the Governor to obtain funds to be loaned to a special purpose district or a private water company, or before entering into an agreement to loan those funds to such an entity to construct a water utility system.

Requested by: The Honorable Carroll A. Campbell, Jr., Governor of South Carolina

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October 28, 1987

Opinion relating to compensation of the members of the Charleston County Aviation Authority, the governing body of the Charleston County Airport District.

Requested by: Edward D. Buckley, Esquire, Attorney for Charleston County Aviation Authority

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June 5, 1987

Opinion asking whether police officers employed by the Slater-Marietta Fire District and the Gantt Fire, Sewer and Police District, as authorized by the General Assembly, have been granted law enforcement authority by the enabling legislation, or whether such police officers must be commissioned as constables.

Requested by: The Honorable Johnny Mack Brown, Sheriff of Greenville County, Law Enforcement Center

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May 22, 1987

Opinion as to the constitutionality of H. 3119, R-157, which act sets the millage for several agencies, special purpose districts, and commissions located within Charleston County.

Requested by: Mark Elam, Counsel to the Governor, Office of the Governor

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May 21, 1987

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

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

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May 14, 1987

Opinion referencing the laws relative to Watershed Conservation Districts and the effect of the Home Rule Act as to taxation authority of such districts created before and after the adoption of the Home Rule Act, Act No. 283 of 1975.

Requested by: Cary D. Chamblee, Deputy Director, Land Resources Conservation Commission

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May 12, 1987

Opinion asking to examine Act No. 544, 1955 Acts and Joint Resolutions, creating the Oconee County Water Authority, and advise you as to the possibility of implementing these provisions now, in light of the Home Rule Act adopted subsequent to Act No. 544.

Requested by: The Honorable Alexander S. Macauley, Senator, District No. 1

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March 24, 1987

Opinion asking does the District have the authority to loan 1.8 million to the City of Anderson, at eight percent interest for twenty years, without a referendum in the District? And does the District have authority to require some property owners wishing to be served by the District to annex into the District and become subject to taxation prior to being served by the District?

Requested by: The Honorable T. Ed Garrison, Senator, District No. 3

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March 5, 1987

Opinion regarding filling the vacancy in the North Greenville Fire District for the term of which more than five years are remaining due to the resignation of a commissioner.

Requested by: The Honorable Dill Blackwell, Member, House of Representatives

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February 25, 1987

Opinion concerning the Homeland Park Water District.

Requested by: The Honorable T. Ed Garrison, Senator, District No. 3

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February 3, 1987

Opinion asking several questions about levying taxes and provision of fire services when a portion of the Westview-Fairforest Fire District has been annexed into the City of Spartanburg.

Requested by: Edwin C. Haskell, III, Esquire, Assistant County Attorney, Spartanburg County Attorney

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January 20, 1987

Opinion regarding H. 2083 and its constitutionality. Specifically, the bill would require a county governing body to change the size or manner in which members of a special purpose or public service district are selected if requested by resolution of the district.

Requested by: The Honorable Paul E. Short, Jr., Chairman, Special Laws Subcommittee, Judiciary Committee

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November 21, 1986

Opinion concerning two questions. Does the Old Fort Fire District have the authority to tax property in its district when such property has subsequently been annexed by the town of Summerville? Should the county value annexed property for tax purposes at its value as it existed at the time of annexation or should such property be valued at its actual value?

Requested by: Honorable George H. Bailey, Member, House of Representatives

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October 21, 1986

Opinion concerning how the boundaries of the Hartsville Community Center Building Commission (hereafter, “Commission”) may be enlarged. In addition, there is any inquiry as to the Commission’s authority to own and operate the Hartsville Museum and whether general legislation may be necessary to give such authority to the Commission.

Requested by: The Honorable Edward E. Saleeby, Senator, District No. 10

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October 1, 1986

Opinion concerning whether  the exemptions afforded new manufacturing establishments or certain additions to, existing manufacturing establishments from county property taxation include taxes levied to pay bond debt of the Union Hospital District?

Requested by: William E. Whitney, Jr., Esquire, Attorney for the Union Hospital District

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August 6, 1986

Opinion regarding the procedure for electing members of the governing body of the Capital View Fire Protection District.

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

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June 24, 1986

Opinion concerning the constitutionality of 5.1375, R-627, an act exempting from the provisions of Act No. 271 of 1985, the boundary line between the Sardis-Timmonsville Fire Department and the Howe Springs Fire Department; Act No. 271 related to tax millage levied and collected for the benefit of  the fire districts in Florence County.

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

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June 9, 1986

Opinion concerning the constitutionality of two acts of the General Assembly, H.3698, R-593 concerning the Columbia Music Festival Association, and H.3697, R-592, concerning the Richland County Historic Preservation Commission.

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

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June 4, 1986

Opinion concerning the constitutionality of H.3934, R-553, which act sets the millage for several agencies, special purpose districts, and commissions located within Charleston County.

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

 

 

May 27, 1986

Opinion concerning the constitutionality of H.3703, R-477, an act removing limitations on the number of mills that may be imposed in Lexington County for the benefit of fire districts in the county.

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

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May 15, 1986

Opinion concerning the constitutionality of H.3275, R-397, an act requiring, inter alia, that plats to be recorded in Clarendon County first be submitted to the county tax assessor for endorsement before delivering to the clerk of court for recording.

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

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May 6, 1986

Opinion on the responsibility of the Charleston County Election Commission to furnish voting machines outside election time and other questions.

Requested by Mr. R. Keith Summey, Chairman, Charleston county Election Commission.

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April 14, 1986

Opinion concerning the constitutionality of H.3275, nR-397, an act requiring, inter alia, that plats to be recorded in Clarendon County first be submitted to the county tax assessor for endorsement before delivering to the clerk of court for recording.

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

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March 17, 1986

Opinion concerning a policy adopted recently about a tuition reimbursement program for the employees of the Irmo-Chapin Recreation Commission.

Requested by: Steven A. Gantt, Executive Director, Irmo-Chapin Parks and Recreation Commission

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February 25, 1986

Opinion on whether the Union County Hospital Board may have the composition of its membership changed by county ordinance, or whether such must be accomplished by an act of General Assembly.

Requested by: The Honorable Thomas H. Pope, III, Senator, District No. 18

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February 19, 1986

Opinion concerning whether the appropriate body to enter into a lease-purchase agreement for fire trucks for Abbeville County would be Abbeville County Councilor the “Abbeville County Fire Protection Commission.”

Requested by: The Honorable Charles L. Powell, Senator, District No.4

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February 3, 1986

Opinion concerning whether the Board of Fire Control of the North Greenville Fire District may pay salaries to two firemen.

Requested by:  Robert A. Willis, Chairman, Board of Fire Control, North Greenville Fire District

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January 23, 1986

Opinion concerning whether county government (collecting taxes for the district) can continue to tax for this service without furnishing the service within a reasonable period of time.

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

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January 22, 1986

Opinion concerning the situation created by the levy and collection of taxes for the Liberty-Chesnee-Fingerville Water District for several years from residents of the district who desire water service but have not yet received the services.

Requested by: The Honorable Joseph T. Petty, Member, House of Representatives

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January 22, 1986

Opinion concerning the situation created by the levy and collection of taxes for the Liberty-Chesnee-Fingerville Water District for several years from residents of the district who desire water service but have not yet received the services.

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

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November 1, 1985

Opinion concerning whether the Pendleton District Historical and Recreational Commission would be a special purpose or public service district.

Requested by: Hurley E. Badders , Executive Director, Pendleton District Historical and Recreational Commission

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September 30, 1985

Opinion concerning two questions. Whose jurisdiction has the power to raise taxes for the Anderson County Fire Departments, the County Council or the Delegation? Can the Delegation raise the millage as the existing Act is written, or must the Delegation raise millage by introducing a new Bill?

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

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September 20, 1985

Opinion concerning whether the Homeland Park Water and Sewerage District is required to undergo an audit annually

Requested by: The Honorable Cebron Daniel Chamblee, Member, House of Representatives

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September 3, 1985

Opinion concerning multiple questions. Does Chester County Council have absolute legislative authority over both of these special purpose districts? Will the Attorney General take the necessary action to preclear Act No. 1486, 1968 Acts and Joint Resolutions, with the United States Department of Justice? Whether one serving as either Town Clerk or as a member of the Town Council of the Town of Richburg may properly serve as a commissioner of the Chester Metropolitan (water) District? Can the commissioners of the Chester Metropolitan (water) District take control over a privately-owned water system without providing the resident users a vote in a referendum process? Can the commissioners of the Chester Sewer District take control over a privately-owned sewage system without giving the resident users an opportunity to vote in a referendum process?

Requested by: William C. Keels, Esquire, Chester County Attorney

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September 3, 1985

Opinion concerning whether the Old Ninety Six Tourism Commission is a special purpose district.

Requested by: Mr. J.W. Lawrence, South Carolina Department of Parks, Recreation & Tourism

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August 13, 1985

Opinion concerning the Western Carolina Regional Sewer Authority.

Requested by: The Honorable Thomas M. Marchant, III, Member, House of Representatives

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July 9, 1985

Opinion concerning whether county council may abolish by ordinance alone a special tax district which has been created pursuant to § 4-9-30(5) of the Code of Laws of South Carolina or whether said tax district can be abolished only by a referendum of the electors of said special tax district.

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

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June 21, 1985

Opinion concerning the constitutionality of H.3931, R-299, which act sets the millage for several agencies, special purpose districts, and commissions located within Charleston County.

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

Read full opinion

June 4, 1985

Opinion concerning the constitutionality of Senate Bill No. 672 with amendment, which bill is expected to be enacted by the General Assembly prior to its adjournment.

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

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May 24, 1985

Opinion concerning the constitutionality of H.2758, R-174, which act amends an earlier act of the General Assembly concerning the Charleston County Park, Recreation, and Tourist District.

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

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May 23, 1985

Opinion concerning whether it would be proper for the General Assembly to pass legislation affecting multi-county special purpose or public service districts and whether, if the General Assembly could not so act, concurrent action of the appropriate county councils would be necessary to effect certain changes.

Requested by: The Honorable Joseph F. Anderson, Jr., Member, House of Representatives

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April 17, 1985

Opinion concerning elimination of either the Laurens Hospital District board or the Clinton Hospital District board, or the reassignment of powers and duties between the boards so that only one actually governs the consolidated district.

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

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April 11, 1985

Opinion concerning appointment powers over members of the Greenville (Downtown) Airport Commission.

Requested by: J. Brantley Phillips, Jr., Esquire, Attorney for Greenville Airport Commission, Leatherwood, Walker, Todd & Mann

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April 10, 1985

Opinion concerning whether the Governor or the Richland County Council would be the appropriate appointing authority for members of the Richland County Historic Preservation Commission

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

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April 8, 1985

Opinion concerning four questions. Base compensation and the setting of salaries for Una Water District Commission. The proper recording procedure for the payment of per diem and mileage for auditing purposes. Should minutes be kept of all meetings of the Una Water District Commission, formal or informal. Under the Special Purpose District Legislation set in 1955 can they change the name of the district?

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

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April 3, 1985

Opinion concerning whether the General Assembly might amend Act No. 876, 1966 Acts and Joint Resolutions, to provide for either the imposition of additional millage or an impact fee.

Requested by: The Honorable William W. Doar, Jr., Member, Senate of South Carolina

Read full opinion

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Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

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

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