Posts Tagged ‘tax’

August 10, 2017

Opinion on the validity of recording deeds by auditors, registers of deeds and clerks of courts.

Requested by James M. Holly, Esquire, Attorney for Aiken County.

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July 27, 2017

Opinion on school resource officers.

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

Read full opinion.

July 13, 2017

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

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

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June 8, 2017

Opinion on whether C-funds can be used to pay for an attorney’s services relating to contracts let by the CTC if the County Transportation Committee is a standalone Committee and not attached to a county council, or a town.

Requested by The Honorable Michael W. Gambrell, Member, South Carolina Senate.

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May 1, 2017

Opinion on whether it is appropriate for the S.C. Department of Revenue to charge sales tax for certain transactions.

Requested by The Honorable Sandy Senn, Member, South Carolina Senate.

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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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March 28, 2017

Opinion on whether a South Carolina municipality may implement a private percent for art as part of its building permit program.

Requested by Mary C. McCormac, Esquire, Attorney for the City of Clemson.

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March 14, 2017

Opinion on proposed Greenville County Council ordinance (two parts under one ordinance), number of votes required to pass the ordinance, and whether Section 6-1-330 violates the Home Rule Statute.

Requested by The Honorable Dwight Loftis and J.M. “Mike” Burns, Members, South Carolina House of Representatives.

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February 14, 2017

Opinion on the constitutionality of delegating the authority to establish business license tax rate classes to the MASC and whether it is permissible for the General Assembly to delegate to the MASC to be the filing body and collector for business license taxes owed by business operators in S.C.

 

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

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February 7, 2017

Opinion on composition of accommodations tax advisory committee and proper disbursement of accommodations tax revenue.

 

Requested by John O. Williams II, Esquire, Berkeley County Attorney.

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January 20, 2017

Opinion on the authority of a municipality to levy a new tax and/or increase a property tax in accord with S.C. Code §§ 6-1-310, 6-1-320 et seq.

 

Requested by Ms. Miriam Hair, Executive Director, Municipal Association of South Carolina.

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January 4, 2017

Opinion on the assessment of property pursuant to the Bailey Bill (S.C. Code §§ 4-9-195, 5-21-140).

Requested by The Honorable Carl Pennington, IV, Mayor, City of Hartsville.

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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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November 18, 2016

Opinion on whether C funds can be used to pave ingress/egress and parking areas of fire departments located within Chester County.

Requested by Joan Winters, Esquire, attorney for Chester County.

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September 30, 2016

Opinion on legality of wording of a bond referendum by the Dorchester County Council – whether it is legal to combine both of the requests for authorization to issue bonds for libraries and for parks into one referendum question.

Requested by The Honorable Paul Thurmond, Member, South Carolina Senate.

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September 23, 2016

Opinion on tax rolls (S.C. Section 12-39-150) and the posting and delivery of the tax roll duplicate by the county auditor to the county treasurer.

Requested by The Honorable Maria Walls, Beaufort County Treasurer.

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September 23, 2016

Opinion on using public funds to do work on private property in emergency situations (Richland County Code of Ordinances, Chapter 21).

Requested by Bradley T. Farrar, Esquire, Attorney for Richland County.

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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 24, 2016

Opinion on dual office holding.

Requested by Mr. H. Jerry Morris, Chairman, Barnweil County Museum.

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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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May 17, 2016

Opinion regarding purchases made by scrap metal dealers.

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

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May 6, 2016

Opinion regarding whether service as a council member for the Cherokee County Council and as a member of the Macedonia Fire District Board would violate our State’s constitutional prohibition of dual office holding.

Requested by The Honorable Harvey S. Peeler, Jr., Senator, District No. 14.

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May 6, 2016

Opinion pertaining to S.C. Code Ann. § 61-6-2010 (2009 & Supp. 2015).

Requested by Mary C. McCormac, Esquire, Legal Counsel for City of Clemson.

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May 3, 2016

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

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

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May 3, 2016

Opinion regarding 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 28, 2016

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

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

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April 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 20, 2016

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

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

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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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April 12, 2016

Opinion pertaining to the Charleston County School District.

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

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March 31, 2016

Opinion pertaining to fire protection services provided to the Town of Fort Lawn.

Requested by The Honorable John R. Rumford, Mayor, Town of Fort Lawn.

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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 24, 2016

Opinion regarding whether the board of trustees of the Veterans’ Trust Fund of South Carolina has any personal liability with regard to their service on the board.

Requested by R. Bernard Chapman, Jr., Veterans’ Trust Fund of South Carolina.

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March 16, 2016

Opinion on whether the Governor possesses the authority to suspend or remove individuals from office.

Requested by Holly Pisarik, Chief Legal Counsel, Office of the Governor.

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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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March 1, 2016

Opinion regarding SC Constitution Article VII, Section 7.

Requested by Bradley T. Farrar, Esq., Chief Deputy Richland County Attorney.

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February 12, 2016

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

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

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February 10, 2016

Opinion regarding S.C. Code Ann. § 27-18-40, which is part of the Uniform Unclaimed Property Act, S.C. Code Ann. § 27-18-10 et seq. (1976 Code, as amended).

Requested by The Honorable Curtis M. Loftis, Jr., State Treasurer.

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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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December 11, 2015

Opinion on the State Ethics Act.

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

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December 10, 2015

Opinion regarding the validity of a certain provision of a business license ordinance in place in the City of Hardeeville.

Requested by Prina C. Maines, Esq., Hardeeville City Attorney.

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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 24, 2015

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

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

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November 23, 2015

Opinion regarding Department of Revenue Regulation 7-701.5, entitled Natural Wines Defined.

Requested by The Honorable Bill Herbkersman.

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November 12, 2015

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

Requested by Paul M. Fata, Lee County Attorney.

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November 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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October 13, 2015

Opinion regarding whether the Bamberg Board of Public Works may purchase, own and operate a golf course or a “country club” which would include a golf course, pool and meeting facilities, etc.

Requested by Will Martin, General Manager, Bamberg Board of Public Works.

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September 28, 2015

Opinion regarding assessments under the County Public Works Improvement Act, S.C. Code Ann. 4-35-10 et seq. (1976 Code, as amended).

Requested by Cheryl Morgan, Lancaster County Auditor.

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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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September 15, 2015

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

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

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September 8, 2015

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

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

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September 3, 2015

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

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

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August 21, 2015

Opinion regarding how to compute the amount of time a defaulting taxpayer has to redeem property subsequent to a tax sale.

Requested by William B. Caldwell.

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August 18, 2015

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

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

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July 28, 2015

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

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

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July 27, 2015

Opinion related to the South Carolina Freedom of Information Act.

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

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July 18, 2015

Opinion regarding the following: 1) Can airplanes that are represented solely as being used for crop dusting services be considered farm machinery, thereby exempting the plane from ad valorem taxation? and 2) Can an airplane that is designed and used solely as a crop duster by a company upon the payment or agreement for the payment of a fee by a farmer be considered farm machinery?

Requested by The Honorable Brian Shult, Georgetown County Auditor.

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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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July 2, 2015

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

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

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July 1, 2015

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

Requested by the Aiken County Legislative Delegation.

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June 17, 2015

Opinion regarding how the Beech Island Rural Community Water District can fill upcoming vacancies on its board of directors if its bylaws and the statute creating water districts are not uniform.

Requested by The Honorable Tom Young, Jr.

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May 29, 2015

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

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

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April 28, 2015

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

Requested by Mr. William F. Halligan, Esquire.

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April 9, 2015

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

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

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April 8, 2015

Opinion regarding a March 30, 2015 opinion, which addressed Article III, §15 of the South Carolina Constitution.

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

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March 31, 2015

Opinion regarding South Carolina Code § 40-19-270(C).

Requested by The Honorable Chandra E. Dillard, House of Representatives, District No. 23.

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March 30, 2015

Opinion regarding the constitutionality of S. 523.

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

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March 13, 2015

Opinion regarding Town of Atlantic Beach Ordinance No. 9-2009 amending 1-2-7 of the Code of Ordinances for the Town of Atlantic Beach.

Requested by The Honorable Jake Evans, Town of Atlantic Beach.

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March 6, 2015

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

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

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February 27, 2015

Opinion regarding employees of a school district being able to simultaneously serve on a school’s governing board.

Requested by The Honorable Cezar E. McKnight, South Carolina House of Representatives, District No. 101.

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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 18, 2015

Opinion regarding the financial crises of South Carolina State University.

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

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February 17, 2015

Opinion regarding the constitutionality of Goose Creek Ordinance No. 13-009, and whether revenue from the Local Hospitality Tax established by the City of Goose Creek pursuant to S.C. Code §6-1-720 et seq. and the ordinance may be used to pay for a recreational facility.

Requested by The Honorable Joe Daning, Representative, District No. 92.

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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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February 2, 2015

Opinion regarding whether a defendant who has demanded a jury trial in summary court can waive such a demand by conduct.

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

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January 29, 2015

Opinion regarding the constitutionality of proposed legislation, titled the South Carolina Infrastructure and Economic Reform Act of 2015.

Requested by The Honorable Nikki R. Haley, Governor of the State of South Carolina.

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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 preneed funeral contracts.

Requested by The Honorable Peter M. McCoy, Jr., Representative, District No. 115.

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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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November 25, 2014

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

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

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October 27, 2014

Opinion regarding the South Carolina Transportation Infrastructure Bank and its involvement in providing financial assistance to the I-526/Mark Clark Extension Project in Charleston County.

Requested by The Honorable Robert L. Brown, Representative, District No. 116.

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October 16, 2014

Opinion regarding taxation of aircraft housed at Aiken Regional Airport, but whose ownership is either an LLC or a corporation domiciled in another state.

Requested by The Honorable Charles T. Barton, Aiken County Auditor.

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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 22, 2014

Opinion regarding a county’s authority to establish additional requirements for landowners seeking to have timberland classified and assessed as agricultural real property.

Requested by The Honorable Daniel B. Verdin, S.C. Senate, District 9.

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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 26, 2014

Opinion regarding whether a properly filed Rule 5 discovery motion, and applicable case law pertaining to discovery in criminal cases, would permit the disclosure of tax related information without violating Section 12-54-240.

Requested by Joe. S. Dusenbury, Jr., General Counsel, SC Department of Revenue.

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August 19, 2014

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

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

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August 8, 2014

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

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

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August 4, 2014

Opinion regarding “[a] County Clerk of Court recently received a request pursuant to the S.C. Freedom of Information Act (“FOIA”) from a citizen asking for names and contact information of County grand jurors.”

Requested by: Mr. Robert L. McCurdy, Assistant Director, South Carolina Court Administration, South Carolina Supreme Court

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July 28, 2014

Opinion concerning the legality of the actions that may be taken by the Capital Project Sales Tax Commission subsequent to the actions that may be taken by the Capital Project Sales Tax Ordinance as presented. Specifically, would it be legally permissible for the Commission to reconvene of its own volition and accord to discuss the actions taken by Beaufort County Council.

Requested by: Joshua A. Gruber, Esquire, Staff Attorney, Beaufort County

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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 30, 2014

Opinion “concerning a memorandum of understanding (hereinafter “MOU”) that was presented to the Pickens County Board of Voter Registration and Elections (hereinafter “The Board”) by the Pickens County Council…”

Requested by: The Honorable Larry A. Martin, Senator, Pickens County

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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 10, 2014

Opinion regarding the Heritage Act, codified at S.C. Code Ann. Section 10-1165.

Requested by: The Honorable Larry Grooms, Senator, District No. 37; and The Honorable Danny Verdin, Senator, District No. 9.

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June 10, 2014

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

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

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June 2, 2014

Opinion asking may a delinquent tax collector include fees such as stormwater runoff and solid waste fees as “any applicable fees” on the county tax bill pursuant to South Carolina Code 12-43-350(9)? And may a fee such as a stormwater runoff or solid waste fee be collected through a tax sale when no ad valorem property tax is included on a tax bill?

Requested by: The Honorable Daniel M. Gregory, Charleston County Delinquent Tax Collector

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May 21, 2014

Opinion regarding whether the City of Anderson can charge people who live outside the city limits higher rates for water than it charges its residents.

Requested by: The Honorable Don Bowen, Member, House of Representatives

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May 12, 2014

Opinion regarding authorized emergency vehicles.

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

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May 5, 2014

Opinion regarding a seat on the Winthrop University Board of Trustees.

Requested by:  The Honorable Harvey S. Peeler, Jr., Senator, District No. 14

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April 29, 2014

Opinion regarding whether or not a portion of monies collected from a sales tax pursuant to section 4-10-10 et seq. by the City Florence can be used to support a facility for teaching third and fourth year medical students.

Requested by: The Honorable Kristopher R. Crawford, Member, House of Representatives

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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 27, 2014

Opinion asking may Gaffney City Council use funds from local hospitality tax collected pursuant to South Carolina Code Section 6-1-720 et seq. to repair roads ) e.g., fixing pot holes and resurfacing roads)?

Requested by: The Honorable Harvey S. Peeler, Jr., Senator, District No. 14

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March 25, 2014

Opinion asking may delinquent tax collectors rely on electronic records of signatures and electronic signatures for restricted mail, return-receipt certified mail, delinquent tax sales notices and still be in compliance with S.C. Code Title 12, Chapter 51?

Requested by: The Honorable Daniel M. Gregory, Charleston County Delinquent Tax Collector

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March 18, 2014

Opinion asking would the current owner of a property have standing to challenge a real property tax assessment on his property even though he did not own the property “as of December thirty-first of the year preceding the tax year” pursuant to South Carolina Code Section 12-37-610?

Requested by: The Honorable Sean M. Bennett, Senator, District No. 38

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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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February 28, 2014

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

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

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February 28, 2014

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

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

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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 6, 2014

Opinion regarding the Regional Transportation Authority Law.

Requested by: The Honorable J. Gregory Hembree, Senator, District No. 28

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December 11, 2013

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

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

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November 25, 2013

Opinion regarding the fabrication, transport and display of working water distillation units.

Requested by: The Honorable Murrell Smith, District No. 67-Sumter-Clarendon Counties

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November 18, 2013

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

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

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November 13, 2013

Opinion asking pursuant to South Carolina Code § 12-37-890 may the Charleston County Auditor’s Office charge an annual personal property tax on an airplane owned by a limited liability company (LLC) with a physical address outside of South Carolina when the airplane has an annual lease at an airport within your county and is physically at the airport in your county approximately half of a calendar year?

Requested by: The Honorable Peter Tecklenburg, Charleston County Auditor

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November 8, 2013

Opinion asking pursuant to South Carolina Code § 12-37-890 may the Charleston County Auditor’s Office charge an annual personal property tax on an airplane used primarily for business purposes when the airplane has an annual lease at an airport within your county and lists its home base in South Carolina in spite of the fact that an out-of-state limited liability company (LLC) with a physical address in your county is the “owner” of the airplane?

Requested by: The Honorable Peter Tecklenburg, Charleston County Auditor

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October 29, 2013

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

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

Read more here.

October 28, 2013

Opinion regarding issues related to the Freedom of Information Act. Specifically, explain that the District’s Superintendent “ has requested that his evaluation be conducted in open session” rather than executive session which, based upon the materials you have provided us, appears to be the District’s standard policy.

Requested by: D. Laurence McIntosh, Attorney, Florence District One School Board.

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September 23, 2013

Opinion concerning whether the State Office of Victim Assistance (“SOVA”) has legal authority to offset or recover financial assistance from a victim if they are a passenger of a motor vehicle that has insurance and/or uninsured motorist coverage.

Requested by:  Dr. Larry Barker, Director, State Office of Victim Assistance

Read full opinion here. 

September 23, 2013

Opinion concerning whether a builder (who is the property owner) may file a late application for a fee in order to apply for the multiple lot discount pursuant to South Carolina Code § 12-43-225.

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

Read full opinion here. 

September 5, 2013

Opinion regarding the definition of “Benefit ratio” as defined in S.C. Code Ann. § 41-3-5 (Rates of contribution to the Unemployment Trust Fund) and applied to Tax Year 2014.

Requested by:  Derrick McFarland, General Counsel, SC Department of Employment and Workforce.

Read full opinion here. 

September 3, 2013

Opinion regarding whether or not a South Carolina eleemosynary (or charitable) organization can indemnify its officers and board members from penalties levied as a result of a recent jury verdict against the corporation for a violation of federal law.

Requested by:  The Honorable J. Thomas McElveen, III, Senator, District No. 35

Read full opinion here. 

August 9, 2013

Opinion concerning multiple lots property tax discounts.

Requested by:  The Honorable Michael E. Reed, Edgefield County Assessor

Read full opinion. 

July 30, 2013

Opinion regarding whether or not a successful purchaser at a tax sale is entitled to payment of interest and repayment of ad valorem taxes by the County after a tax deed is set aside by a Court.

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

Read full opinion here. 

July 26, 2013

Opinion concerning whether a legislator currently serving in the South Carolina General Assembly may also hold the position of Director of Airports on the Charleston County Aviation Authority without violating state law.

Requested by:  The Honorable Jenny A. Horne, Member, 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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July 8, 2013

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

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

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June 26, 2013

Opinion regarding Home Owner Associations (HOAs) operating under the South Carolina Nonprofit Corporation Act as per Section 33-31-171 of the Act.

Requested by: The Honorable R. Shannon Riley, Member, House of Representatives

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June 25, 2013

Opinion concerning actions taken by the South Carolina Transportation Infrastructure Bank (the “SIB”) to provide additional funding for the completion of the I-526/Mark Clark Extension Project (the “Project”) in Charleston County.

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

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June 19, 2013

Opinion regarding a situation that is affecting the City Council of the City of Aiken.

Requested by: Gary H. Smith, III, Esquire, Aiken City Attorney

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June 3, 2013

Opinion concerning the disposition of weapons seized by law enforcement for offenses other than those covered by the Preservation of Evidence Act.

Requested by: Crystal Moore, Chief of Police, Latta Police Department

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May 29, 2013

Opinion “on when the terms of Office for newly elected members of the Board of Trustees (Board) commence.”

Requested by: Gregory D. Padgett, Chair, College of Charleston Board of Trustees

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May 28, 2013

Opinion regarding whether Greenwood County, as the owner of Lake Greenwood, is authorized to charge an annual fee on docks as registering encroachments even though the South Carolina Constitution says “navigable waters and wharfs” shall not be taxed unless authorized by the General Assembly.

Requested by: The Honorable Phyllis Henderson, Member, House of Representatives

Read full opinion

May 21, 2013

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

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

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May 8, 2013

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

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

Read full opinion

May 2, 2013

Opinion regarding the language of South Carolina Code Section 40-59-260 providing that “an owner must personally appear and sign” a building permit application, may an individual under a Power of Attorney authority specifying the Attorney-In-Fact’s specific authorizations, properly executed and witnessed and recorded in the permitting county be an adequate substitute to the requirement that the owner “personally appear” and meet the requirements under the law.

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

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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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April 16, 2013

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

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

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April 8, 2013

Opinion regarding the use of a vehicle by the Hampton County Coroner’s Office.

Requested by: The Honorable Ernie J. Washington, Sr., Hampton County Coroner

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April 5, 2013

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

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

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April 5, 2013

Opinion as to whether the South Carolina Department of Revenue (the “DOR”) may collect a submission/handling fee for the electronic recording of documents pursuant to S.C. Code 12-53-45 (Supp. 2012) in addition to the standard recording fee for such documents.

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

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March 26, 2013

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

Requested by: The Honorable Linda Mock, Georgetown County Auditor

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March 20, 2013

Opinion asking if the vehicles of the Greenwood County Sheriff’s Office [“Sherriff’s Office”] and [South Carolina] Department of Public Safety/[South Carolina] Highway Patrol [“DPS/Highway Patrol”] collide in an incorporated or unincorporated jurisdiction, where the Sheriff’s office vehicle is registered, which law enforcement agency should investigate the collision?

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

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March 14, 2013

Opinion asking which country is a constituent’s property located in where the home built on the property has been taxed since it was built close to fifteen years ago by Cherokee County but, for the first time, Spartanburg County assessor sent notice on March 19, 2021 to the constituent and to Cherokee County that he is taxing the home as being located in Spartanburg County?

Requested by: The Honorable Harvey S. Peeler, Jr., Senator, District No. 14

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March 12, 2013

Opinion asking may a constituent receive the homestead exemption for his real property taxes pursuant to S.C. Code §12-37-250 for tax year 2012 if he moved to the property in May of 2011 and if he was already 65 years old when he moved?

Requested by: The Honorable Thomas D. Corbin, Senator, District No. 5

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March 8, 2013

Opinion concerning the meaning of the term “invasive surgical procedure” inasmuch as it is not defined in S.C. Code Ann. §17-5-530.

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

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March 7, 2013

Opinion concerning dual office holding. Specifically, whether a member of City Council, who is also a business owner, may also serve as a member of the South Carolina Small Business Regulatory Review Committee (the “Review Committee”).

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

Read full opinion

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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February 22, 2013

Opinion regarding the establishment of agricultural district programs by counties in South Carolina. Specifically, whether local governments have the authority to establish, through ordinance, voluntary agricultural district programs without enabling legislation.

Requested by: The Honorable Daniel B. Verdin, III, Senator, District No. 9

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February 19, 2013

Opinion regarding the interpretation of Act No. 292 of 1985.

Requested by: The Honorable Curtis M. Loftis, Jr., South Carolina State Treasurer, and The Honorable Richard A. Eckstrom, South Carolina Comptroller General

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February 12, 2013

Opinion regarding S.C. Code Ann. § 16-11-788(C). Specifically asking whether a site must therefore be designated by statute as “prehistoric or historical” for § 16-11-788(C) to apply  and whether the statute is applicable to private lands not so designated by statute.

Requested by: The Honorable C. Ryan Johnson, Magistrate, Greenwood County Courthouse

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February 11, 2013

Opinion on Section 16-11-780(C) of the S.C. Code of Laws (definition of prehistoric or historical site).

Requested by The Honorable C. Ryan Johnson, Magistrate, Greenwood County.

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February 7, 2013

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

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

Read full opinion

 

January 28, 2013

Opinion regarding the authority of the Kershaw County Sheriff’s Department (the “Department”) to enforce federal gun laws.

Requested by: The Honorable Jim Matthews, Sheriff, Kershaw County

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December 28, 2012

Opinion regarding the position of “Police Commissioner” for the Town of South Congaree (the “Town”).

Requested by: The Honorable Katrina Shealy, Senator, District No. 23

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December 12, 2012

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

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

Read full opinion

December 5, 2012

Opinion asking does the law require a Registrar of Deeds to record a Manufactured Home Affidavit for Retirement of Title Certificate where the Affidavit was not in the proscribed form under South Carolina Code § 56-19-510?

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

Read full opinion

November 28, 2012

Opinion concerning a request under the Freedom of Information Act (“FOIA”) for certain financial records related to the Camden City Drug Fund.

Requested by: W. Kevin Bronson, City Manager, City of Camden

Read full opinion

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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November 9, 2012

Opinion concerning the collection of delinquent taxes, penalties, and costs and the manner in which such funds should be disbursed.

Requested by: The Honorable Douglas E. Henderson, Beaufort County Treasurer

Read full opinion

October 31, 2012

Opinion questioning the exception listed in §6-1-120(B)(3) (“sharing of data between public officials or employees in the performance of their duties”) include a municipality sharing information with a county or does it only refer to public officials or public employees within the same municipality?

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

Read full opinion

October 23, 2012

Opinion questioning how many previous years of property taxes can be recovered by the County for a parcel of land that has not been taxed for thirteen years due to an error by the County?

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

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October 19, 2012

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

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

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October 9, 2012

Opinion questioning can a deputy sheriff also hold a position such as a board member on the Fairfield County Council on Aging without violating the dual office holding provision of Article XVII, Section 1A of the South Carolina Constitution?

Requested by: John E. James, III, Esquire, Fairfield County Attorney

Read full opinion

October 3, 2012

Opinion concerning “certain activity”, related to so-called “Roll Your Own” cigarettes.

Requested by: The Honorable James H. Harrison, Member, House of Representatives, and The Honorable Bruce W. Bannister, Member, House of Representatives

Read full opinion

October 2, 2012

Opinion asking whether an instructor at the South Carolina Criminal Justice Academy (CJA) who, by virtue of that position, holds a state constable commission and is certified as a Class 3 law enforcement officer may also work part-time performing the duties of a deputy coroner.

Requested by: The Honorable Gary Watts, Coroner, Richland County

Read full opinion

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

Read full opinion

September 19, 2012

Opinion referring to section 5-7-260 of the South Carolina Code (2004), questioning “when must a municipality act by resolution and when may it act by a simple motion?”

Requested by: Thomas M. Boulware, Esquire, Brown, Jefferies & Boulware

Read full opinion

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

Read full opinion

September 12, 2012

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

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

Read full opinion

September 7, 2012

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

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

Read full opinion

September 7, 2012

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

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

Read full opinion

August 28, 2012

Opinion asking (1) whether or not the attendance of a BPW member may be via telephone, (2) whether or not a member present via telephone may be counted as part of a quorum, and (3) whether or not the vote of a member attending via telephone is valid.

Requested by: Will Martin, Manager, Bamberg Board of Public Works

Read full opinion

August 23, 2012

Opinion concerning a proposal to “add the cost of fire service fees to the billing cycles of the existing and future customers of the [c]ity-owned Department of Public Utilities.”

Requested by: Chief Wendell Davis, Director, Department of Public Safety

Read full opinion

August 20, 2012

Opinion regarding “whether a case written on a Uniform Traffic Ticket (“UTT”) may be scheduled for trial within 10 days of the arrest (§5-7-90), or no sooner than 10 days after the arrest (§56-5-6220)?” Also, “whether §5-7-90 applies to all persona charged, or to persons unable to make bail and remain incarcerated?”

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

Read full opinion

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

Read full opinion

July 10, 2012

Opinion “concerning the appointment of replacement candidates for the November 12 general election.”

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

Read full opinion

July 2, 2012

Opinion inquiring whether a particular parcel meets the requirements for an agricultural use classification for the purposes of ad valorem taxation.

Requested by: The Honorable Wayne Welch, Dorchester County Assessor

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June 22, 2012

Opinion inquiring whether the Town of St. George may adopt an ordinance stating that the costs of abating the conditions of “deteriorating structure and abandoned overgrown lots” borne by the Town will be “added to annual property taxes [and] must be paid along with the taxes and remitted to the Town by the county.”

Requested by: The Honorable Anne J. Johnston, Mayor, Town of St. George

Read full opinion

June 22, 2012

Opinion concerning county ad valorem tax assessments. Specifically, the propriety of using certain kinds of appraisal reports and options for disciplining an appraiser who created a misleading, fraudulent, or deceptive report.

Requested by: The Honorable Michael E. Reed, Edgefield County Assessor’s Office

Read full opinion

June 19, 2012

Opinion concerning the use of public funds (“C” funds) for the maintenance of highway/railroad crossings and bridges.

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

Read full opinion

June 7, 2012

Opinion concerning the fair market value of real property for the purposes of calculating ad valorem tax. Specifically, you have inquired whether this Office “has instructed county tax assessors” not to allow changes in the fair market value for tax purposes where the value of the property at issue has decreased since the most recent countywide reassessment.

Requested by: The Honorable Deborah A. Long, Member, House of Representatives

Read full opinion

May 30, 2012

Opinion concerning the employment of the Mayor by a law firm that serves as general obligation bond counsel for the City of Columbia (the “City”) as well as underwriter’s counsel on the issuance of City water and sewer bonds.

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

Read full opinion

May 25, 2012

Opinion questioning the meaning of “fair market value” for the purposes of calculating the ad valorem tax on real property.

Requested by: The Honorable William M. Hixon, Member, House of Representatives

Read full opinion

May 7, 2012

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

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

Read full opinion

April 24, 2012

Opinion concerning allegations of below-cost sales of gasoline outlined in a January 27, 2012 letter from Mr. Mark Rhodes.

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

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April 24, 2012

Opinion concerning fees included on municipal property tax bills.

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

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April 23, 2012

Opinion regarding whether counties and municipalities may impose business license “fees” based upon gross income, rather than net income.

Requested by: The Honorable Christopher R. Hart, Member, House of Representatives

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April 20, 2012

Opinion “regarding a co-fiduciary’s duty to provide information to another co-fiduciary and a co-fiduciary’s duty to request from another co-fiduciary information that he deems necessary to perform his duties”.

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

Read full opinion

April 11, 2012

Opinion relating “to a potential annexation in the Town of Lexington.” Specifically, “[t]he Town argued that [it] had [the] legal ability to use [a] previously annexed right of way to become contigous to the property in question.”

Requested by: The Honorable Rick Quinn, Member, House of Representatives

Read full opinion

April 5, 2012

Opinion concerning the recent decision of the United States Supreme Court (“USSC”) in United States v. Jones, 565 U.S. ___, 132 S.Ct. 945 (2012) as it pertains to S.C. Code Ann. §17-30-140 and the use of Global Positioning System (“GPS”) tracking devices.

Requested by: Brian Buck, Chief of Police, Irmo Police Department

Read full opinion.

April 2, 2012

Opinion concerning the proper interpretation of the term “gross income” in the context of a county business license tax ordinance.

Requested by: Joshua A. Gruber, Esquire, Office of the County Administrator, Beaufort County

Read full opinion.

April 2, 2012

Opinion concerning whether an elected official, who has a concealed weapons permit, may at any time and specifically, during meetings of city council, lawfully carry a concealable weapon inside a building that also houses City Hall, the Police Department, and the Courthouse.

Requested by: M. Bryan Turner, Chief of Police, Mauldin Police Department

Read full opinion.

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

Read full opinion.

March 30, 2012

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

Requested by: Francenia B. Heizer, Esquire

Read full opinion.

 

March 27, 2012

Opinion concerning dual office holding. You ask whether the law permits you to accept a position of employment with the Town of Estill as a code enforcement officer during your term as Mayor for the Town of Fairfax.

Requested by: The Honorable Dwight Causey, Mayor, Town of Fairfax

Read full opinion.

March 20, 2012

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

Requested by: Joseph L. Mathis, Esquire

Read full opinion.

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

Read full opinion.

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

Read full opinion.

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

Read full opinion.

February 23, 2012

Opinion concerning a potential conflict of interest.

Requested by:  The Honorable Jimmy Ward, Member, Isle of Palms City Council

Read full opinion.

February 23, 2012

Opinion concerning whether South Carolina law prohibits you from continuing to serve as Chairperson of the Anderson County Tax Assessment Appeals Board (“Tax Appeals Board”) in consideration of your recent appointment to the South Carolina Medical Disciplinary Commission (“Commission”).

Requested by:  Mr. Kenneth C. Walker

Read full opinion.

January 25, 2012

Opinion concerning the proper body to govern the affairs of the water and sewer system of the City of Tega Cay.

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

Read full opinion

January 12, 2012

Opinion concerning the legality of the following pending transaction.

Requested by: The Honorable Bruce Cooley, Abbeville County Director

Read full opinion

January 6, 2012

Opinion regarding the Policies and Procedures Manual for South Carolina State Constables (the “Manual”), which was updated on September 8, 2011, by the Constable Advisory Council (the “Council”) of the State Carolina Law Enforcement Division (“SLED”). Specifically, whether SLED has authority to require commissioned Group III constable to perform this additional service.

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

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January 6, 2012

Opinion concerning whether a proprietor may operate a brew-on premises facility or home winemakers’ center in South Carolina.

Requested by: The Honorable William G. Herbkersman, Member, House of Representatives

Read full opinion

December 5, 2011

Opinion concerning whether section 6-1-730 of the South Carolina Code (2004 & Supp. 2010) would permit revenue from a local hospitality tax to be used to purchase a fire truck for a local municipality.

Requested by: The Honorable Harvey S. Peeler, Jr., Senator, District No. 14

Read full opinion

December 5, 2011

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

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

Read full opinion

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

Read full opinion

November 17, 2011

Opinion inquiring whether the Fire Control Board of Carlisle, South Carolina (“the Board”), may enter an agreement whereby the Board would “lease to buy” a new fire station constructed by a private entity.

Requested by: Chairman Mike J. Spencer, Jr., Fire Control Board of Carlisle, S.C.

Read full opinion

November 16, 2011

Opinion “seeks guidance as to the interpretation” of various statutes “and the scope of the powers which have been vested in the State Treasurer with regard to the Commission and investment of Retirement System funds or assets.”

Requested by: Robert L. Borden CFA/CAIA, Chief Executive Officer/Chief Investment Officer, Retirement System Investment Commission

Read full opinion

October 26, 2011

Opinion concerning the validity of Proviso 76.14 as proposed in the Conference Committee Report concerning the 2011-2012 Appropriations Act.

Requested By: The Honorable Curtis M. Loftis, Jr., South Carolina State Treasurer

Read full opinion

October 20, 2011

Opinion concerning sections 12-37-930 and 12-37-3140 of the South Carolina Code (2000 & Supp. 2010).  Specifically, you have asked whether section 12-37-930 requires that property be valued for tax purposes using the “market approach,” which is also known as the sales comparison method.

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

Read full opinion

October 11, 2011

Opinion regarding whether a sheriff’s department may compete against private businesses for the contract to provide drug-sniffing dogs to the school districts.

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

Read full opinion

 

October 10, 2011

Opinion concerning E911 fees. Specifically, “whether low-income recipients of SafeLink Wireless service are subject to E911 fees in South Carolina.”

Requested by: The Honorable Leon Joe Howard, SC House of Representatives

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October 6, 2011

Opinion regarding “solicitation” by bail bondsmen or runners pursuant to S.C. Code Ann. §38-53-170 (f). Specifically, whether a bail bond licensee’s display of the name of the bonding company and telephone number on his vehicle when the vehicle is left on the premises of a detention center, or a bondsman wearing clothing which displays similar information, constitutes “solicitation?”

Requested by:  David E. Belton, Esquire

Read full opinion

September 23, 2011

Opinion concerning whether the Forfeited Land Commission of Lancaster County (“the Commission”) may effect a sale of real property pursuant to section 12-59-40 of the South Carolina Code for the Amount of the taxes due, without including in the sale price the amounts due to certain assessments and fees.

Requested by: The Honorable Cheryl H. Morgan, Lancaster County Auditor and The Honorable Carrie W. Helms, Lancaster County Treasurer

Read full opinion

 

September 19, 2011

Opinion concerning a lease agreement between the City of Aiken and Aiken Aviation Enterprises.

Requested by: The Honorable Michael T. Rose, Member, SC Senate

Read full opinion

 

September 16, 2011

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

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

Read full opinion

 

August 31, 2011

Opinion concerning Stormwater Management Utility Service charges.

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

Read full opinion

 

August 25, 2011

Opinion regarding ad valorem property taxes in Sumter County. Specifically, you indicate that Sumter County might have failed to reassess certain property within the county, and you question whether such failure complies with state law.

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

Read full opinion

 

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

Read full opinion

 

August 8, 2011

Opinion questioning whether the Jenkinsville Water Company is a public body for purposes of the Freedom of Information Act and is subject to the Act’s disclosure requirements.

Requested by: The Honorable Creighton B. Coleman, Senator, District No. 17

Read full opinion

 

July 20, 2011

Opinion regarding appeals of real property values.

Requested by: The Honorable Wayne Welch, Dorchester County Assessor

Read full opinion

 

 

July 1, 2011

Opinion questioning whether “a member of the Oconee County School Board, as a holder of an office of honor and profit, [can] also serve as a member of the Oconee County Parks, Recreation and Tourism Commission, as established by Oconee County Ordinance 2011-12.”

Requested by: Thomas Martin, Esquire

Read full opinion

 

June 28, 2011

Opinion concerning a person giving a false police report as proscribed by South Carolina law.

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

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June 28, 2011

Opinion regarding S. 592 (R. 63) (also “the Act”), which was approved by the Governor on June 7, 2011, and amends Title 25 with respect to the South Carolina Military Code.

Requested by: Colonel Barry Bernstein, State Judge Advocate and General Counsel, Office of the Adjunct General

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June 28, 2011

Opinion concerning millage rate calculations during a reassessment year in Beaufort County and Jasper County. More specifically, questioning what role the rollback provisions in sections 6-1-320(A) and 12-37-251(E) of the South Carolina will play under these circumstances.

Requested by: Ladson F. Howell, Esquire and Marvin C. Jones, Esquire

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June 27, 2011

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

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

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May 25, 2011

Opinion regarding the legality of a County Tax Auditor to hire a full-time non-law enforcement employee whose principal duties are to issue Courtesy Summonses, as the Affiant, to potential violators of the motor vehicle tax and registration statutes.

Requested by: The Honorable Deborah A. Long, Member, House of Representatives

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May 24, 2011

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

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

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May 20, 2011

Opinion concerning TC/PC anatomic pathology arrangements in South Carolina.

Requested by: Sheridon H. Spoon, Esquire

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May 20, 2011

Opinion regarding a student in your school district who resides with her parents in an established residence, but who also owns property with tax-assessed value of at least three hundred dollars located in a different school attendance zone within your school district. Specifically, whether “the student must attend the school located in the attendance zone of her established residence, or could she attend the school in the other attendance zone if they agree to pay the required tuition?”

Requested by: James N. Epps, Jr., Ph.D., Superintendent, Fort Mill School District 4 of York County

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May 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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May 17, 2011

Opinion regarding an interpretation of S.C. Code Ann. § 12-37-2270, which addresses a corporation’s forfeiture of its charter as a result of failure to pay taxes. Specifically, asking whether S.C. Code Ann. § 12-37-2270 applies to ad valorem county taxes and whether this Office would bring an action against a corporation for the non-payment of a county tax.

Requested by: Sharon H. West, Auditor, Office of Spartanburg County Auditor

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May 11, 2011

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

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

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May 6, 2011

Opinion concerning the ability of the Marion County Library Board of Trustees (“the Board”) to “sponsor a single issue voter referendum on raising property taxes to expend and renovate [its] three county library facilities.”

Requested by: Randy Floyd, Vice Chairman, Marion County Library Board of Trustees

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May 5, 2011

Opinion regarding the legality and constitutionality of provisions of S.C. Code §§ 23-9-310 through 23-9-470 pertaining to the Office of the State Fire Marshal and specifically Article 3 which deals with the Fireman’s Insurance and Inspection Fund.

Requested by: George L. Schroeder, Inspector General, Office of the Inspector General

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April 20, 2011

Opinion regarding the minimum level of law enforcement services provided in the Town of Pendleton, a municipality in Anderson County.

Requested by: Daniel L. Draisen, Esquire

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April 18, 2011

Opinion regarding a “perceived contradiction” in Title 42 (Workers’ Compensation) of the South Carolina Code. Specifically, you note that section 42-3-220 permits the Workers’ Compensation Commission to enforce the collection of any fines or penalties provided by this Title (emphasis yours) and further that any such fines and penalties shall be used for the purpose of paying salaries and expenses of the Commission.

Requested by: The Honorable T. Scott Beck, Chairman, Workers’ Compensation Commission

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April 8, 2011

Opinion regarding property tax liability for boats present in this State less than one-hundred-eighty (180) days.

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

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April 7, 2011

Opinion regarding a partnership between the Orangeburg Department of Public Safety and Claflin University creating a forensics laboratory and the operation of this laboratory.

Requested by: Captain Thad Turner, Orangeburg Department of Public Safety

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March 21, 2011

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

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

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March 16, 2011

Opinion concerning obligations of the Lancaster County Sheriff’s Office regarding an arrest on private property by a private security agency.

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Requested by: Thomas W. Holland, Sr., Esquire

March 1, 2011

follow-up opinion questioning whether the Legislature possesses authority to “overrule” or alter the Supreme Court’s decision in Focus on Beaufort County on Behalf of Certain Registered Voters of Beaufort County v. Beaufort County, 318 U.S. 227, 456 S.E.2d 910 (1995).

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

February 18, 2011

Opinion concerning the road maintenance fee (the “Fee”) adopted by Florence County.

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

January 25, 2011

Opinion concerning dual office holding. Specifically, “whether the duly elected Kershaw County Treasurer and Delinquent Tax Collector may concurrently serve as the interim Kershaw County Administrator without violating the dual office holding prohibition of the State constitution or other applicable laws.”

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Requested by: Stephen D. Vincent, Kershaw County Treasurer and Delinquent Tax Collector

January 18, 2011

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

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

January 5, 2011

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

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

December 15, 2010

Opinion concerning the registration and taxation of motor vehicles operate in South Carolina but owned by a nonresident.

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

November 23, 2010

Opinion regarding the payment of property taxes during the redemption period of property purchased during a tax sale.

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

November 9, 2010

Opinion questioning whether there is any criminal or civil liability would be created by the return of this evidence to the victim by the city police department.

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

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

October 18, 2010

Opinion concerning the Dorchester County Council’s ability to impose a road impact fee on new development in Dorchester County.

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Requested by: The Honorable Michael T. Rose, Member, SC Senate

October 14, 2010

Opinion concerning the legal “age at which a child can legally leave home and the responsibility of a parent or guardian to support the child up to the age of eighteen if the child leaves home at seventeen.”

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

October 12, 2010

Opinion on whether the coroner’s office is responsible for compensating the next of kin of a deceased individual if the personal belongings of the deceased cannot be returned to them in a timely manner.

Requested by The Honorable Gary Watts, Richland County Coroner.

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September 7, 2010

Opinion referencing the provisions of S.C. Code Ann. § 59-63-30.

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

September 3, 2010

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

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

August 26, 2010

Opinion questioning whether “deputies” of the Department may prosecute violations of the Department’s laws, particularly violations within the jurisdiction of the magistrates’ courts.

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Requested by: Mr. H. W. Funderburk, Jr., Deputy Executive Director, Appeals Division, SC Dept of Employment and Workforce

August 16, 2010

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

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

August 5, 2010

Opinion concerning Cherokee County’s (the “County’s”) use of sales and use tax proceeds collected pursuant to the Cherokee County School Bond-Property Tax Relief Act.

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Requested by: The Honorable Jackie W. Williams, Cherokee County Treasurer

August 5, 2010

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

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

August 4, 2010

Opinion concerning Beaufort County’s policy of delegating its authority to enforce the County’s tree removal ordinance to homeowners associations.

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Requested by: The Honorable Shannon S. Erickson, Member, House of Representatives

July 8, 2010

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

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

July 7, 2010

Opinion concerning circumvention of the board’s decision and the legality thereof. Specifically, whether or not “it is correct and legal for other persons or entities to disregard a decision reached by the Appeals Board without pursuing proper channels before the Administrative Law Judge.”

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Requested by: John Brock, Chairman, Oconee Board of Assessment Appeals

June 10, 2010

Opinion concerning section 6-1-730 of the South Carolina Code. Specifically “as to whether Clarendon County can utilize a portion of it collected local hospitality tax for the operations and maintenance of its newly renovated tourism facility pursuant to §6-1-730, S.C. Code of Laws 1976, as amended, more specifically §6-1-730(B)(2), S.C. Code of Laws, as amended.”

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Requested by: David W. Epperson, Esquire

June 9, 2010

Opinion concerning “how fair market value is calculated for real estate under the jurisdiction of the county assessors.”

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

June 2, 2010

Opinion concerning Homeowners Associations (HOA) in South Carolina. Specifically, if Hinson Management is in violation of any code of law or regulation [by refusing to give home owners] the financial documents requested.

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

May 7, 2010

Opinion on council form of government and the town administrator.

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

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April 29, 2010

Opinion questioning if a cigarette brand that is manufactured in another state is shipped to a bonded warehouse in South Carolina, where such cigarette brand is then shipped to other states for sale at retail, required to be listed on the South Carolina Tobacco Directory maintained by the Attorney General’s office when the cigarette brand will not be sold at retail in South Carolina to consumers of this State?

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Requested by: The Honorable Kent M. Williams, 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

April 9, 2010

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

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Requested by: Kenneth E. Gaines, Esquire

March 18, 2010

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

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

March 17, 2010

Opinion concerning Owner-Occupied Residential Property Located in a Multicounty Park.

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Requested by: Ray N. Stevens, Director, Department of Revenue

March 17, 2010

pinion as to our interpretation of section 59-3-100 of the South Carolina Code (Supp. 2009), specifying the method of allocation of the proceeds received from Qualified School Construction Bonds.

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Requested by: The Honorable Jim Rex, Superintendent of Education, South Carolina Department of Education

March 16, 2010

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

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

February 24, 2010

Opinion concerning the constitutionality of section 12-37-670 of the South Carolina Code (Supp. 2009).

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Requested by: R. Brent Thompkins, Esquire

February 16, 2010

Opinion questioning whether an Act such as Act No. 155 of 2007, defines the lines of Sumter County School Districts 2 and 17 for tax, attendance and election purposes.

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

January 20, 2010

Opinion questioning whether the serving spouse of a disabled veteran is entitled to a property tax exemption on his or her vehicle if he or she currently holds a special license plate pursuant to section 56-3-1110 of the South Carolina Code.

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Requested by: Judy C. McWaters, Chester County Office of Veteran Affairs

January 11, 2010

Opinion regarding a dispute between a nonprofit organization recognized as a charitable trust in this State, STARR, and a particular individual.

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Requested by: The Honorable Nikki Randhawa Haley, Member, House of Representatives

January 11, 2010

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

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Requested by: Bonum S. Wilson, III, Esquire

January 11, 2010

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

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

December 21, 2009

Opinion 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

November 12, 2009

Opinion as to whether one-percent money can be used by local fire departments to fund participant directed 401(a) or 457 retirement plans.
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Requested by: The Honorable David L. Thomas, Member, SC Senate

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

October 7, 2009

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

October 6, 2009

Opinion “as to the oversight and accountability of a certain local tax levy that we have in” the City of Union.
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Requested by: William E. Whitney, Esquire

September 24, 2009

Opinion regarding S.C. Code Ann § 12-43-224 and the expiration of the time period set forth by the assessor under this section.
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Requested by: David W. Epperson, Esquire

September 17, 2009

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

September 14, 2009

Opinion questioning regarding the impact joint resolution recently passed by the Legislature on previous legislation enabling Cherokee County School District 1 to issue bonds to fund specified improvements.
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Requested by: The Honorable Dennis Carroll Moss, Member, House of Representatives

September 1, 2009

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

August 27, 2009

Opinion concerning vehicle registration and legal residence tax status.
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Requested by: The Honorable Dennis Carroll Moss, Member, House of Representatives

August 25, 2009

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

August 19, 2009

Opinion concerning the Second Injury Fund’s ability “to assess carriers for 2008 calendar year normalized premiums without regard to date of injury on and after July 1, 2008; or whether it is required to limit carrier assessments to normalized premiums for claims with date of injury prior to July 1, 2008.”
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Requested by: William E. Gunn, Interim Director, South Carolina Second Injury Fund

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Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

Room 519 | Columbia, S.C. 29201

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

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