Posts Tagged ‘tax’

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

August 19, 2009

Opinion regarding “the permitted generation and use of bond premiums in matters of school district finance.”
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Requested by: The Honorable Don C. Bowen, Member, House of Representatives; and The Honorable W. Brian White, Member, House of Representatives

August 4, 2009

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

July 24, 2009

Opinion regarding the impact of a part-time magistrate who was suspended but has had the suspension lifted as to the status of the remaining magistrates in Greenwood County.
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Requested by: The Honorable Bart S. McGuire, Chief Magistrate, Greenwood County

July 13, 2009

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

July 10, 2009

Opinion regarding the burial of the bodies of indigent individuals.
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Requested by: G.P. Callison, Jr., Esquire

July 8, 2009

Opinion questioning the provisions of S.C. Code Ann. § 59-63-30 and the three hundred dollar requirement of Section 59-63-30.
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Requested by: The Honorable Shane Martin, Member, SC Senate

July 7, 2009

Opinion concerning the status of the Housing Authority of the City of Spartanburg, S.C. (“the Authority”) as a public body.
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Requested by: The Honorable Harold Mitchell Jr., Member, House of Representatives

July 7, 2009

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

July 7, 2009

Opinion as to whether recent legislation allowing a particular school district to levy an impact fee circumvents state law.
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Requested by: The Honorable Tracy R. Edge, Member, House of Representatives

June 4, 2009

Opinion questioning whether an individual may be appointed to the Anderson County Election Commission if that individual already serves on the Iva Fire Department Board of Directors.
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Requested by: The Honorable Michael W. Gambrell, Member, House of Representatives

June 12, 2009

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

June 12, 2009

Opinion concerning the constitutionality of two provisos contained in the Appropriations Act recently enacted by the General Assembly.
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Requested by: The Honorable Thomas C. Davis, Member, SC Senate

June 10, 2009

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

June 4, 2009

Opinion questioning the eligibility of Dr. Thomas Rowland to continue to represent District 2 on the Board of Trustees of the Medical University of South Carolina. .
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Requested by: Joseph C. Good, Jr., General Counsel, Medical University of South Carolina

June 4, 2009

Opinion on legality of providing credits and monetary incentives for organ donations.

Requested by The Honorable Ralph Anderson, Member, South Carolina Senate.

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April 9, 2009

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

April 1, 2009

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

March 31, 2009

Opinion concerning the American Recovery and Reinvestment Act of 2009 (ARRA), commonly known as the federal “stimulus” legislation. Specifically, whether state legislature can accept stimulus funding in the event a governor might decide not to accept those funds and whether acceptance, use and administration of those funds would require further action and participation by the governor and executive branch of state government or whether legislative action is sufficient to obtain funds even without and applications and certifications required elsewhere in the Act.
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Requested by: The Honorable Glenn F. McConnell, President Pro Tempore, SC Senate

February 26, 2009

Opinion concerning “whether a single member limited liability company can qualify for the 4% legal residence assessment ration for property tax purposes”.
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Requested by: The Honorable James E. Smith, Jr., Member, House of Representatives

February 26, 2009

Opinion concerning section 12-37-670(A) of the South Carolina Code.
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Requested by: David W. Epperson, Esquire

February 20, 2009

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

February 5, 2009

Opinion on whether the Williamston Rescue Squad would qualify as a “claimant agency” for purposes of S.C. Code Ann. Section 12-56-10.

Requested by The Honorable Michael W. Gambrell, Member, South Carolina House of Representatives.

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February 2, 2009

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

January 21, 2009

Opinion regarding the authority and responsibility of the Greenwood County Coroner and the Greenwood County Sheriff to investigate and take action regarding homicides and accidental deaths occurring on Lake Greenwood.

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Requested by: The Honorable James T. Coursey, Greenwood County Coroner

January 21, 2009

Opinion regarding Marlboro County’s procurement practices and procedures. Specifically, concerns as to the soundness and fairness of the protest procedure in the procurement ordinance.

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Requested by: E. Brandon Gaskins, Deputy Chief Counsel

January 8, 2009

Opinion questioning whether strictly financial agreements between a county and an original landowner fall under the Development Agreement Act.

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Requested by: The Honorable Nelson Hardwick, Member, House of Representatives

November 7, 2008

Opinion concerning the organization and authority of the Richland County Recreational District (‘the District”). Specifically, management of day-to-day operations and the responsibility of providing supplies and equipment.

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

November 4, 2008

Opinion concerning Richland County’s (the “County’s”) ability to use hospitality tax revenue to fund a transit system in the County.

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Requested by: Larry C. Smith, Esquire

November 4, 2008

Opinion interpreting section 8-21-770 of South Carolina and whether an opinion issued by this Office in 1981 remains valid.

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Requested by: The Honorable A. Shane Massey, Member, SC Senate

October 28, 2008

Opinion regarding an economic development project Laurens County is considering funding.

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Requested by: A. Sandy Cruickshanks IV, Esquire

October 20, 2008

Opinion concerning an interpretation of S.C. Code Ann. Section 12-54-240.

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

October 8, 2008

Opinion concerning whether or not the Greenville-Spartanburg Airport District (“the District”) should be taxed on property it owns, but which is leased to a private party.

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Requested by: J. Garrett Jackson, A.A.E., Executive Director, Greenville-Spartanburg Airport Commission

October 8, 2008

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

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

September 25, 2008

Opinion concerning “the appropriateness of methodology utilized in the County to calculate the incremental increase tax revenue (‘TIF Revenue’) generated within a tax increment financing district established by the Town ordinance.

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Requested by: Francenia B. Heizer, Esquire

September 22, 2008

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

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Requested by: Marvin C. Jones, Esquire

August 27, 2008

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

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

August 13, 2008

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

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Requested by: B. Bayles Mack, Esquire

July 30, 2008

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

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

July 28, 2008

Opinion regarding a $72,600 award by the County Council of Florence County (the “County Council”) “to put a new roof on a building in Timmonsville, S.C. owned by Faith Life Ministries (tax exempt)…”.

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

June 25, 2008

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

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Requested by: Thomas L. Martin, Esquire

June 5, 2008

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

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

June 3, 2008

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

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

May 30, 2008

Opinion concerning the State’s “blue laws”, S.C. Code Ann. § 53-1-5 et seq., and the sale for off premises consumption of beer and wine at permitted locations twenty-four hour a day authorized pursuant to S.C. Code Ann. § 61-4-510(A).

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Requested by: Jeff M. Anderson, Esquire

May 23, 2008

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

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

May 21, 2008

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

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

May 14, 2008

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

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

May 7, 2008

Opinion concerning the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the rights of the police to disclosed information of a patient and/or patron.

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Requested by: Lance C. Crowe, Chief of Police, Travelers Rest Police Department

April 21, 2008

Opinion concerning the one-cent local option sales tax statute. Specifically, to clarify “whether the current statute permits voters in a single county to put both one-penny local option sales taxes in place.”

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

April 7, 2008

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

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

April 7, 2008

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

 

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

 

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April 2, 2008

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

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

March 31, 2008

Opinion regarding 1) what determines an individuals place of legal residence; and 2) when an individual files to run for a Board seat in a particular congressional district or judicial circuit, whether the individual has to be a resident in the district or circuit at that time or whether he can move into the area once elected .

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Requested by: The Honorable Olin R. Phillips, Chairman, Committee to Screen Candidates for the Board of Trustees of State Colleges and Universities

March 10, 2008

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

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

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February 20, 2008

Opinion regarding the validity of school facility impact fees imposed by York County.

Requested by: The Honorable Chauncey K. Gregory, Member, SC Senate

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February 15, 2008

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

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

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January 28, 2008

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

Requested by: Daniel L. Draisen, Esquire

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January 16, 2008

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

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

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January 11, 2008

Opinion regarding, determination of domicile for voter registration purposes.

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

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January 11, 2008

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

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

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January 10, 2008

Opinion questioning the legality of actions taken by the cities of Welford and Duncan in collecting business license fees from members of the State towing and recovery association.

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

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January 2, 2008

Opinion concerning the eligibility of individuals serving abroad on military duty to serve on the Citadel Board of Vistors.

Requested by: Mark C. Brandenburg, Esquire

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December 13, 2007

Opinion concerning custodial right to public documents in Chester County when the county does not have an office of mesne conveyances.

Requested by: Joan Elizabeth Winters, Esquire

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December 3, 2007

Opinion on the Charter Schools Act of 1996.

Requested by The Honorable Mark Sanford, Governor, South Carolina.

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November 27, 2007

Opinion concerning the enabling legislation establishing the Greenville Hospital Board of Trustees.

Requested by: The Honorable Mike Fair, SC Senate

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November 27, 2007

Opinion concerning the interpretation of the term, “school operating millage”, as used in sections 12-37-251 and 11-11-156 of the South Carolina Code.

Requested by: The Honorable James G. Fickling, Barnwell County Auditor

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November 14, 2007

Opinion on whether the Election Commission is required to provide social security numbers on lists of potential jurors.

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

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November 9, 2007

Opinion on the interpretation of Act 602 of 1992 concerning the determination of the annual budget and tax millage for the School District of Greenville County (“the District”).

Requested by: The Honorable Mike Fair, SC Senate

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October 24, 2007

Opinion concerning South Carolina sales tax on unprepared food and whether a food item purchased from a vending machine is subject to sales tax in South Carolina.

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

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October 22, 2007

Opinion questioning whether the Allendale County Ordinance, imposing a fire and rescue protection fee on all real estate property in the county, conflicts with state statutes that govern the Forestry Commission.

Requested by: Bob Schowalter, State Forester, South Carolina Forestry Commission Senate

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October 19, 2007

Opinion regarding the constitutionality and application of Act 189 of 2005.

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

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September 19, 2007

Opinion addressing “whether or not Colleton County, by way of the 1993 ordinance, has the authority to keep possession/ownership of the buildings and/or equipment used by those few stations where no new lease or purchase arrangements have been made as to that property”.

Requested by: Sean P. Thornton, Esquire

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September 14, 2007

Opinion as to whether the Town of Edisto Beach Council have authority to adopt an ordinance prohibiting the Board of Zoning Appeals from granting variance from a height limitation of structures with the Town of Edisto Beach contained in the zoning ordinance.

Requested by: Marvin C. Jones, Esquire

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August 22, 2007

Opinion as to whether provisions of Act No. 82 of 2007 (S.141), the Criminal Gang Prevention Act, to be codified as Section 16-11-770, are applicable to individuals incarcerated by the State Department of Corrections or who are in the custody of the State Department of Juvenile Justice. Specifically, whether graffiti on the inside of a prison or juvenile detention hall is “publicly viewable”.

Requested by: The Honorable John L. Scott, Jr., Member, House of Representatives

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August 15, 2007

Opinion as to whether there is a way council members can exempt the $25.00 road maintenance fee collected on all vehicles in the county for persons 69 and older by adding this group to the exclusions [listed in the ordinance].

Requested by: The Honorable Sharon H. West, Auditor, Spartanburg County

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August 14, 2007

Opinion concerning the governance of the Charleston County Parks and Recreation Commission and the Charleston County Board of Elections and Voter Registration.

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

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July 26, 2007

Opinion questioning the legality of several budgeting issues within the School District of Fairfield County.

Requested by: Charles J. Boykin, Esquire

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July 12, 2007

Opinion on the Abandoned Manufactured Home Removal Act.

Requested by Daniel L. Draisen, Esquire, Attorney for the Town of Pendleton.

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July 11, 2007

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

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

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July 11, 2007

Opinion on the impact of amendments to section 6-1-320(B) of the South Carolina Code due to the passage of the Property Tax Reform Act in 2006 on section 59-21-1030 of the South Carolina Code.

Requested by: The Honorable Raymond E. Cleary, III, Member, SC Senate

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July 6, 2007

Opinion concerning the legality of tearing down and disposing of debris from lots or buildings owned by a private citizen.

Requested by: Donald R. Bryant, Director, Marion County Public Works

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July 6, 2007

Opinion concerning House Bill 3782. Specifically, parts of this bill which may be considered unconstitutional.

Requested by: The Honorable B. R. Skelton, Member, House of Representatives

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June 26, 2007

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

Requested by: Edwin C. Haskell, III, Esquire

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June 20, 2007

Opinion concerning section 4-9-150 of the South Carolina Code. Specifically, “should the Comptroller General’s Office continue to direct Department of Revenue to withhold payments of Tax Relief Trust Funds if counties are delinquent in filing their audited financial statements since 4-9-150, which refers to ‘funds distributed by the Comptroller General,’ was not amended by the General Assembly in 2006 to accurately refer to funds distributed by the Department of Renvue?”

Requested by: The Honorable Richard Eckstrom, Comptroller General

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June 14, 2007

Follow-up opinion to an opinion dated April 5, 2007 regarding whether a member of the Glassy Mountain Fire Service Area’s (“GMFSA’s”) Commission Board may serve as a volunteer firefighter for GMFSA.

Requested by: Bryan G. Riebe, Chief, Glassy Mountain Fire Service Area

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June 13, 2007

Opinion regarding the “local maintenance of effort” requirements of Section 59-21-1030.

Requested by: Charles J. Boykin, Esquire

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May 21, 2007

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

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

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May 9, 2007

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

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

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April 24, 2007

Opinion requesting clarification on the impact of the Property Tax Reform Act, passed by the Legislature in 2006, on annual allocations provided to school districts under the Education Finance Act of 1977 (the “EFA”).

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

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March 30, 2007

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

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

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March 28, 2007

Opinion concerning dual office holding and conflicts of interest. A Cayce citizen serves as an appointed member of the City of Cayce Accommodations Tax Advisory Committee and as an appointed member of the Lexington County Recreation Commission.

Requested by: John C. Sharpe, City Manager, City of Cayce

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March 28, 2007

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

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

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March 20, 2007

Opinion as to the ability of the Town of Hilton Head Island to budget for and expend money for certain civic events and activities.

Requested by: Brian E. Hulbert, Esquire

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March 20, 2007

Opinion concerning the application of section 6-1-320 of the South Carolina Code to provide a means by which Sumter County may increase its millage rates.

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

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March 20, 2007

Opinion as to whether items such as napkins, forks, spoons, and straws are subject to sales tax when purchased from a wholesaler by a restaurant owner.

Requested by: The Honorable C. David Umphlett, Member, House of Representatives

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February 22, 2007

Opinion as to the legality of a proposed joint resolution. “Changing the date for a sales and use tax referendum held during the 2006 General Election from no later than November 30, 2006 to December 10, 2006”…”only applies to Beaufort County”.

Requested by: The Honorable Richard E. Chalk, Member, House of Representatives

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February 16, 2007

Opinion regarding the use of Eminent Domain in the Town of Mount Pleasant. “While Charleston County is certainly the holder of ½ cents sales tax monies, can they promulgate rules and procedures which were not specifically authorized in the referendum ballot question and/or which contradict existing law (Eminent Domain, Title 28 of the South Carolina Code of Laws).”

Requested by: R. Allen Young, Esquire

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February 16, 2007

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

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

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February 5, 2007

Opinion concerning the membership qualifications for the Rural Community Water District of Georgetown County.

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

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January 29, 2007

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

Requested by: Margaret C. Pope, Esquire

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January 29, 2007

Opinion reviewing Edgefield County’s (“the County”) implementation of a property tax reassessment.

Requested by: The Honorable Donald C. Smith, Member, House of Representatives

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January 29, 2007

Opinion regarding the Charleston County Park and Recreation District’s (the “District’s”) authority under its enabling legislation and its ability to construct and manage facilities that would provide services in the area of wellness, fitness, and/or senior services within communities in our jurisdictional area.

Requested by: Tom O’Rourke, Executive Director, Charleston County Park and Recreation District

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January 24, 2007

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

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

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January 24, 2007

Opinion concerning the impact of the recent United States Supreme Court ruling in Granholm v. Heald, 544 U.S. 460 (2005) on South Carolina statutes. Primarily statutes 61-4-720 and 61-4-730 of the South Carolina Code, as amended.

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

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December 20, 2006

Opinion as to “whether or not these proposed improvements would meet the definition of “tourism-related” uses as outlined in the State Code and would, therefore, be eligible for funding through the local hospitality fund.”

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

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December 19, 2006 follow-up

Opinion concerning the impact of particular methods of reforestation on a property’s classification as timber property for tax purposes.

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

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December 14, 2006

Opinion concerning the imposition of county road maintenance fees on commercial vehicles that operate interstate.

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

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December 1, 2006

Opinion requesting whether being an employee of the Barnwell County Career Center, as an electrical instructor, and being a member of the Barnwell County Council would result in a conflict of interest.

Requested by: Ron Still

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November 29, 2006

Opinion interpreting a term used in one of the provisions of the recently enacted South Carolina Real Property Valuation Reform Act.

Requested by: The Honorable Robert F. Everett, Cherokee County Assessor

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October 27, 2006

Opinion concerning the constitutionality of the 2006 amendments to section 12-37-670 of the South Carolina Code.

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

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October 9, 2006

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

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

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October 16, 2006

Opinion concerning whether or not an individual may simultaneously serve on the Georgetown County Parks and Recreation Commission (“PRC”) and the Waccamaw Equal Opportunity Council (“WEOC”) without violating the dual office holding prohibition contained in article XVII, section 1A of the South Carolina Constitution.

Requested by: David J. Mills, Esquire

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October 16, 2006

Opinion concerning the funding of the Central Midlands Regional Transit Authority. Specifically, asking for an opinion as to the “legality of two possible sources of funding for the Central Midlands Regional Transit Authority (CMRTA).”

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

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October 9, 2006

Opinion concerning property tax assessments.

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

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October 5, 2006

Opinion concerning the imposition of county impact fees by the South Carolina General Assembly.

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

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October 4, 2006

Opinion regarding the Drycleaning Facility Restoration Trust Fund which is established pursuant to the provisions of S.C. Code Ann. §§ 44-56-410 et seq.

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

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September 21, 2006

Opinion concerning the possibility of dual office holding with specifics regarding to being a member of the State Board for Technical and Comprehensive Education and being a member on the Myrtle Beach Convention Center Hotel Corporation’s Board.

Requested by: Dan P. Gray

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September 6, 2006

Opinion as to “whether or not the provisions of S.1138 (R.388) of 2006 and S.1267 (R.447) of 2006 relating to sex offenders and commonly referred to as ‘Jessica’s Law’ have any retroactive effect.’’

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

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September 6, 2006

Opinion concerning dual office holding pertaining to serving both on the City of Tega Cay Council, and the Lake Wylie Marine Commission.

Requested by: The Honorable John Dervay, Councilmember, City of Tega Cay

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September 5, 2006

Opinion concerning fees assessed by the Department of Labor, Licensing and Regulation on behalf of the Perpetual Care Cemetery Board.

Requested by: The Honorable Ronnie Cromer, Member, SC Senate

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August 29, 2006

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

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

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August 25, 2006

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

Requested by: The Honorable Cyrus Spradley, Aiken County Auditor

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August 24, 2006

Opinion concerning whether or not a group of candidates may jointly seek donations.

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

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August 24, 2006

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

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

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August 16, 2006

Opinion pertaining to personal property taxes, in regard to a case where Patricia Holding, LLC entered into a lease agreement with Synovus Leasing Company.

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

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August 11, 2006

Opinion regarding activities of the Charleston County School Board, where certain members admitted they violated the Sunshine Law.

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

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July 7, 2006

Opinion on dual office holding (serving as a member of the Education Oversight Committee and as a member of the Public Charter School District Board of Trustees).

Requested by Ms. Jo Anne Anderson, Executive Director, Education Oversight Committee.

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June 30, 2006

Opinion concerning the legality of a proposed agreement between the South Carolina State Museum Foundation (the “Foundation”) and the South Carolina State Museum (the “Museum”).

Requested by: Gary T. Culbreath, Chairman, South Carolina Museum Commission

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June 27, 2006

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

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

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June 1, 2006

Opinion questioning the impact of dual office holding prohibition on the advisory board created by the South Carolina Education and Economic Development Act (“EEDA”).

Requested by: The Honorable Ken Clark, Member, House of Representatives

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May 26, 2006

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

Requested by: Eddie Newton, Chairperson, Buffalo Fire Department

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May 26, 2006

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

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

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May 23, 2006

Opinion regarding disclosure of sheriff’s office internal affairs investigations under the South Carolina Freedom of Information Act (“FOIA”) and the demand by the media for “full disclosure.”

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

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May 19, 2006

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

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

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May 8, 2006

Opinion concerning the ability of a county council or county administrator to re-appropriate money budgeted for the Register of Deed’s operations.

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

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May 15, 2006

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

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

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April 27, 2006

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

Requested by: Lake City City Council

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April 3, 2006

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

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

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March 17, 2006

Opinion regarding conflicting provisions in the State Board of Education Regulations 43-53 and 43-53.2 as to which regulation should be utilized for determining advancement of a teaching certificate from bachelor’s degree to bachelor’s degree plus eighteen hours.

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

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March 6, 2006

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

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

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March 3, 2006

Opinion concerning that legislation constrains the local school boards as it relates to other relevant statutes. And questioning whether the referenced proposed legislation if enacted would direct the school boards to comply in a manner that would be in direct conflict with other existing statutes that would be applicable.

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

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February 24, 2006

Opinion inquiring as to the constitutionality and enforceability of section 3 of Act 229 of 1983.

Requested by: The Honorable Stephen T. Draffin, Code Commissioner and Director, SC Legislative Council.

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February 23, 2006

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

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

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February 16, 2006

Opinion regarding the tax exempt status of volunteer fire departments located in Greenwood County.

Requested by: The Honorable Dan Wideman, Sheriff, Greenwood County

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February 3, 2006

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

Requested by: Kelly Knight Byrd, Esquire

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January 30, 2006

Opinion regarding the pupil enrollments and transfers referencing S.C. Code Ann. §§ 59-63-480 and 59-63-490.

Requested by: Kenneth L. Childs, Esquire

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January 26, 2006

Opinion regarding the expenditure of funds by the South Carolina Department of Natural Resources (the “SCDNR”) from the Water Recreational Resources Fund (WRRF) of the State of South Carolina “for the dredging of accumulated sediment in Saluda Lake in Greenville and Pickens Counties.”

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

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January 24, 2006

Opinion regarding the General Assembly’s appropriation of the Cost of Living Adjustment (COLA) to state agencies.

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

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January 24, 2006

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

Requested by: Carol L. Clark, Esquire

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January 12, 2006

Opinion requesting as to the constitutionality of the proposed legislation; “a special tax review committee appointed by various local elected entities to approve any increases in ad valorem tax millage proposed by the Berkley County Board of Education for the School District of Berkley County.” Request made on behalf of Rep. Shirley Hinson who wishes to introduce the legislation.

Requested by: The Honorable Stephen T. Draffin, Code Commissioner and Director, SC Legislative Council

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January 11, 2006

Opinion regarding the legality of the establishment of the Foundation (the “Foundation”) by the Union City Council, and whether the Foundation initially may be funded with the insurance proceeds held by the City.

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

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January 11, 2006

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

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

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January 11, 2006

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

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

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December 21, 2005

Opinion raising several questions regarding the duties of clerks of court and registers of deeds.

Requested by: The Honorable David Hamilton, Clerk of Court, York County

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December 9, 2005

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

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

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December 8, 2005

Opinion questioning whether if property is in the name of a child in a school district in which the child does not live, is the child exempt from paying tuition costs in order to attend that district’s schools.

Requested by: The Honorable Lonnie Hosey, Member, House of Representatives

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December 2, 2005

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

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

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December 1, 2005

Opinion raising questions regarding the Drycleaning Facility Restoration Trust Fund as set forth in S.C. Code Ann. §§ 44-56-410 et seq. Specifically, whether a dry cleaning establishment may discontinue participation in the trust fund.

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

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November 28, 2005

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

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

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November 2, 2005

Opinion asking whether purchasers of preneed funeral contracts that have suffered a covered loss may be reimbursed from the Preneed Funeral Loss Reimbursement Fund (“Fund”) when the death triggering the reimbursement claim occurred prior to the effective date of the enabling legislation.

Requested by: Louie A. Jacobs, Commissioner of Banking, Board of Financial Institutions

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October 31, 2005

Opinion questioning whether the Johnson Town Council is required to fill the vacancy for the period of time a councilman serves in Iraq and does the Town stop payments to the councilman and pay the replacement instead.

Requested by: Greg W. Anderson, Esquire

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October 21, 2005

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

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

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September 27, 2005

Opinion questioning whether a state health care facility, The Medical University of South Carolina, hereafter “MUSC”, has the authority to completely ban smoking anywhere on its grounds, to include hospital owned and leased buildings, thoroughfares, parking lots and vehicles parked on MUSC property.

Requested by: The Honorable Ralph E. Hoisington, Solicitor, Ninth Judicial Circuit

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September 26, 2005

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

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

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September 8, 2005

Opinion regarding the applicability of the Lexington County 1% Sales Tax Option for Schools to businesses located outside the county limits.

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

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August 30, 2005

Opinion concerning the applicability of Article X, Section 11 of the South Carolina Constitution to the State of South Carolina.

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

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August 8, 2005

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

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

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July 29, 2005

Opinion questioning the legitimacy of foreign police markings displayed on a private vehicle.

Requested by: Dale L. DuTremble, City Prosecutor, City of North Charleston

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July 13, 2005

Opinion regarding waiving the required auditor’s stamp for scanned documents.

Requested by: The Honorable Judith V. Warner, Registrar of Mesne Conveyance

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July 6, 2005

Opinion questioning an alternative funding plan for schools in Dorchester County.

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

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July 5, 2005

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

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

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June 1, 2005

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

Requested by: John M. Tolar, Esquire

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June 1, 2005

Opinion “regarding a conflict among several utility companies in South Carolina.”

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

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May 4, 2005

Opinion as to “whether the Insurance Reserve Fund (IRF) is authorized to provide general liability tort insurance to the employees of a defender corporation.”

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

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May 2, 2005

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

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

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April 15, 2005

Opinion as to whether Georgetown County can assign the duties of delinquent tax collection to the County Treasurer.

Requested by: John M. Tolar, Esquire

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April 14, 2005

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

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

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April 4, 2005

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

Requested by: David L. Tedder, Esquire

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April 4, 2005

Opinion as to whether the Greenville County Register of Deeds may simultaneously serve as the Greenville County Tax Collector without violating the dual office holding prohibition.

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

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March 30, 2005

Opinion “on the constitutionality of House Bill 3213, the Right to Life Bill, which was introduced this year.”

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

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March 29, 2005

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

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

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March 4, 2005

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

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

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March 1, 2005

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

Requested by: Mr. Gary Kublic, Beaufort County Administrator

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February 16, 2005

Opinion concerning the constitutionality of House Bill 3264 in light of the Supreme Court’s recent ruling that overturned Charleston County’s 15% cap on assessment increases for owner occupied homes.

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

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February 14, 2005

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

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

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February 14, 2005

Opinion on dual office holding (members of the Dorchester County Transportation Committee may serve simultaneously on the Dorchester County Transportation Authority).

Requested by The Honorable George H. Bailey, Member, South Carolina House of Representatives.

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February 3, 2005

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

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

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January 18, 2005

Opinion concerning the effect of the issuance of bond anticipation notes upon the time limitations imposed by the State Constitution for the issuance of general obligation bonds.

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

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January 5, 2005

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

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

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December 31, 2004

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

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

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December 30, 2004

Opinion regarding South Carolina’s seatbelt law.

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

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December 17, 2004

Opinion regarding the meaning of the word “month” as contained in S.C. Code Ann. Section 12-51-90 for purposes of computation of the twelve month redemption period required thereby.

Requested by: The Honorable Mary Louise Parham, Dillon County Treasurer and Tax Collector

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December 16, 2004

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

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

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December 15, 2004

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

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

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December 8, 2004

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

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

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November 24, 2004

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

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

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November 22, 2004

Opinion requesting as to whether S.C. Code Ann. 38-5-80(k) gives the Director of Insurance the authority to permit insurers interested in redomesticating or becoming licensed as a South Carolina domestic insurer to maintain its offices or principal operations outside the State of South Carolina.

Requested by: Gwen Fuller McGriff, Deputy Director and General Counsel, S.C. Dept. of Insurance

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November 18, 2004

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

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

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November 10, 2004

Opinion questioning portions of the General Appropriations Act – a proviso “which mandates for state employees and various public officials the subsistence rate as provided by the General Assembly.” As you indicate, “Part IB provisos from the 2004 Appropriations Act are effective for the July 2004 – June 2005 fiscal year, and supplant and supersede permanent law to the contrary.”

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

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October 22, 2004

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

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

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October 15, 2004

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

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

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October 7, 2004

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

Requested by: R. Allen Young, Esquire

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October 7, 2004

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

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

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October 27, 2004

Opinion questioning the definition of “greenbelt” in association with the upcoming referendum election on the ½ cent sale tax issue which is to be held pursuant to the provisions of S.C. Code Ann. Sections 4-37-10 et seq.

Requested by: R. Allen Young, Esquire

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September 16, 2004

Opinion regarding whether the Anderson County Council is authorized to adopt an ordinance requiring that the Anderson County Auditor send two separate tax notices to Anderson County residents, one for county operations and one for school operations.

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

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September 13, 2004

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

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

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August 20, 2004

Opinion regarding the sales tax referendum for Charleston County which is being held pursuant to S. C. Code Ann. Sections 4-37-10 et seq. (Supp. 2003). Specifically, concerning certain language in Governor Sanford’s Executive Order regarding the Sales Tax referendum which orders a new election imposes additional duties, responsibilities and authority on the Board of Elections and Voter Registration regarding the ballot question.

Requested by: Samuel W. Howell, IV, Esquire

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August 17, 2004

Opinion regarding S.C. Code Ann. Section 12-45-300 (2000).

Requested by: The Honorable Johnny C. Allen, Horry County Treasurer

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June 23, 2004

Opinion concerning raffles.

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

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June 16, 2004

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

Requested by: Gregory D. DeLoach, Esquire

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June 11, 2004

Opinion questioning whether a juvenile who is placed on five years probation for a class A sexual abuse misdemeanor, must register pursuant to the South Carolina Sex Offender Registry Act, S.C. Code Ann. Sections 23-3-400 et seq.

Requested by: Bill Byars, Director, South Carolina Department of Juvenile Justice

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May 25, 2004

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

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

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May 20, 2004

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

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

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May 3, 2004

Opinion “regarding the status of the Board of Trustees of Richland Memorial Hospital.”

Requested by: Robert M. Kerr, Director, SC Department of Health and Human Services

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April 30, 2004

Opinion clarifying the statutory requirements for the de-titling of manufactured homes, found in Section 56-19-510 of the South Carolina Code.

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

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April 20, 2004

Opinion asking whether the governing body of a county may by ordinance allow a taxpayer to elect to pay ad valorem taxes on real property located in a county in monthly installments rather than quarterly installments.

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

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April 16, 2004

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

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

Read full opinion

March 26, 2004

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

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

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March 23, 2004

Opinion concerning Senate Bill S.975. And “if this bill is constitutionally legal in South Carolina and in interstate commerce laws.”

Requested by: The Honorable Ronnie W. Cromer, Member, SC Senate

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March 18, 2004

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

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

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March 16, 2004

Opinion concerning the Oconee County Supervisor being indicted with three felony counts of embezzlement of public funds and one misdemeanor charge of misconduct in office, and if the county supervisor would be allowed to remain in office if acquitted of the felony charges but convicted of the misdemeanor or is a guilty verdict on the misdemeanor sufficient to constitute a violation subject to removal.

Requested by: The Honorable William E. Sandifer, III, Member, House of Representatives

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February 24, 2004

Opinion concerning S.C. Code Ann. Section 59-63-70.

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

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February 18, 2004

Opinion regarding the applicability of Hawkins v. Bruno Yacht Sales, 353 S.C. 31, 577 S.E.2d 202 (2003), to delinquent tax sales conducted in 2002 by the Delinquent Tax Collector for Newberry County.

Requested by: Gary T. Pope, Esquire

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February 6, 2004

Opinion questioning whether the Spartanburg Humane Society may require that a microchip be implanted in redeemed dogs at the owner’s expense.

Requested by: Mr. Don Arnold, Spartanburg County Environmental Enforcement

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February 5, 2004

Opinion questioning whether the certification by the Department of Archives and History for state income tax credits for rehabilitation expenses on certified historic residential structures pursuant to S.C. Code Ann. § 12-6-3535(B)(2002) must be obtained prior to commencement of the work.

Requested by: Dr. Rodger Stroup, State Historic Preservation Officer, SC Department of Archives and History

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January 15, 2004

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

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

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January 13, 2004

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

Requested by: Jonathan M. Robinson, Esquire

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January 7, 2004

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

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

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January 7, 2004

Opinion “as to the meaning of the term ‘clergy’ as it is used by S.C. Code § 20-7-510.” Specifically, if the term “clergy”, as used in the foregoing provision, “includes lay pastors, deacons, elders and/or others who do pastoral counseling.”

Requested by: Dorothy J. Killian, Esquire

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December 23, 2003

Opinion questioning a school referendum concerning citizens who believed they were voting for the expansion of a particular school but an early childhood center is being built near an existing structure and a new principal is being named. The citizens are desirous that the current principal be over the entire educational facility.

Requested by: The Honorable Bessie Moody-Lawrence, Member, House of Representatives

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December 17, 2003

Opinion referencing the provisions of S.C. Code Ann. Section 5-7-80 which provides for ordinances relating to the upkeep of property within a municipality so as to require that the owner of municipal property keep the property free of rubbish and other unsightly material. Specifically, questioning whether such provision authorizes the city to collect the cost incurred in the same manner as the city collects delinquent municipal taxes.

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

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December 17, 2003

Opinion questioning whether Fort Mill Housing Services, a nonprofit entity, should be exempt from impact fees dealing with the construction of fourteen units providing housing for persons with disabilities.

Requested by: The Honorable Greg Gregory, Senator, District No. 16

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December 3, 2003

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

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

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November 18, 2003

Opinion asking whether the Town of Briarcliffe Acres can legally gate and control automotive access to the Town of Briarcliffe Acres including the public roads.

Requested by: The Honorable David Parry, Mayor, Town of Briarcliffe Acres

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November 13, 2003

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

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

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November 13, 2003

Opinion regarding “the issue of whether a Uniform Traffic Ticket [may] be used as the charging document at the time an arrest is made for the offense of Criminal Domestic Violence.”

Requested by: The Honorable Ray Nash, Sheriff, Dorchester County

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November 3, 2003

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

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

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October 17, 2003

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

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

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October 8, 2003

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

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

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October 6, 2003

Opinion inquiring “on the use of Accommodations Tax funds by Florence County to fund the retirement and service of debt on the Florence Civic Center.”

Requested by: Frans N. Mustert, Chairman, Tourism Expenditure Review Committee

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October 3, 2003

Opinion concerning dual office holding. Specifically, whether simultaneously holding the positions of Delinquent Tax Collector for Barnwell County and board member of the Barnwell County District 45 School Board would constitute dual office holding.

Requested by: Wendall P. Gibson, Jr., Barnwell County Treasurer

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September 23, 2003

Opinion regarding the proper use of state accommodations tax funds.

Requested by: Frans N. Mustert, Chairman, Tourism Expenditure Review Committee

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September 17, 2003

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

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

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September 3, 2003

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

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

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August 29, 2003

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

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

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August 22, 2003

Opinion explaining the law governing the validity of the bond referendum and the bonds issued pursuant thereto.

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

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August 20, 2003

Opinion asking our Office to review the applicable statutes of South Carolina to determine if the “equal or stricter” standard is met regarding states which have concealed weapons permit issuing standards.

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

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August 8, 2003

Opinion concerning certain appropriations by the Anderson County Council.

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

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July 31, 2003

Opinion concerning the Donalds-Due West Water Authority.

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

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July 28, 2003

Opinion asking if the City of Johnsonville, either through its Counsel or otherwise, is obligated to provide legal representation to the Mayor of the City with respect to an election contest filed by one of the Mayor’s election opponents.

Requested by: Teresa P. Hanna, Administrator, City of Johnsonville

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June 30, 2003

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

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

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June 24, 2003

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

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

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June 24, 2003

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

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

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June 3, 2003

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

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

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May 21, 2003

Opinion on whether the South Carolina Ports Authority has legal authority to terminate a license agreement with the Charleston International Ports, LLC.

Requested by The Honorable James H. Merrill, Member, South Carolina House of Representatives.

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May 20, 2003

Opinion asking whether or not the Joint Resolution that provides for certain military leave for permanent full –time state employees to be used for absences occurring in calendar year 2003 is retroactive so as to authorize leave benefits for military absences which occur between January 1, 2003 and April 21, 2003.

Requested by: Samuel L. Wilkins, Director, Office of Human Resources

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May 7, 2003

Opinion regarding a property transfer in Laurens County. Specifically, the transfer of  property commonly referred to as “back alleys” to adjoining property owners.

Requested by: The Honorable Danny Verdin, Senator, District No. 9

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May 6, 2003

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

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

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April 29, 2003

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

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

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April 28, 2003

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

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

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April 15, 2003

Opinion as to whether or not an approval of a “polling place voting functionally” satisfies the voting machine requirement of §7-13-1260, Code of Laws of South Carolina, 1976, as amended.

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

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April 8, 2003

Opinion concerning several issues concerning Sumter County School District Two.

Requested by: William L. Hirata, Esquire, Parker Poe

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April 3, 2003

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

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

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April 2, 2003

Opinion providing the scope of the phrase “tourism related expenditures” as defined in the Accommodations Tax statute. S.C. Code Ann. § 6-4-10(4)(b).

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

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March 4, 2003

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

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

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February 26, 2003

Opinion regarding potential dual office holding when two individuals (one candidate who presently serves as a publicly elected official of the James Island Public Service District, and the other as the city’s fire chief), can continue in their present positions and simultaneously serve on the James Island Charter High School Board of Directors.

Requested by: Nancy B. Gregory, Ed.D.; Mr. Robert New, James Island Charter High School Committee

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February 21, 2003

Opinion concerning certain expenditures of public funds by employees and/or officials of Saluda County. Specifically, if the expenditures relate to reimbursements for travel and other expenses, inaccurate use of contract proceeds received by the County, and nepotism.

Requested by: Sandra G. Padget, Saluda County Director

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February 19, 2003

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

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

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February 14, 2003

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

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

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February 12, 2003

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

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

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January 15, 2003

Opinion asking whether a person who is a member of the Town of Hilton Head’s Accommodations Tax Advisory Committee and is also a member of the State Tourism Expenditure Review Committee constitutes dual office holding in contravention of Article XVII, Sec. 1A of the South Carolina Constitution.

Requested by: Gregory D. DeLoach, Esquire, Assistant Town Manager for Administration/ Legal Department Director, Town of Hilton Head Island

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January 10, 2003

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

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

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January 7, 2003

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

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

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December 17, 2002

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

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

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December 11, 2002

Opinion concerning the investment policy of the Emerald Center Multi-County Disabilities & Special Needs Board.

Requested by: Bob Drake, Finance Director, Emerald Center

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December 10, 2002

Opinion asking whether in light of the recent amendments to S.C. Code § 2-15-120, the Audit Council can disclose “records that are not confidential at their source after they become records of the Audit Council?”

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

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December 5, 2002

Opinion regarding “the use of the ‘Tax Sale’ overage funds when other taxes are due and payable to the county.”

Requested by: Mr. William O. Rowell, Treasurer of Lexington County

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December 3, 2002

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

Requested by: Barbara B. League

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November 18, 2002

Opinion regarding the functioning of the Workers’ Compensation Commission.

Requested by: The Honorable Sherry Shealy Martschink, Commissioner, SC Workers’ Compensation Commission

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November 12, 2002

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

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

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November 7, 2002

Opinion “…as to whether the State or the Federal regulations regarding charges for medical records takes precedence in South Carolina.” This opinion deals with S.C. Code Ann. § 42-15-95.

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

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November 6, 2002

Opinion regarding the constitutionality of R-425, a “bill that was passed by the General Assembly that only applies to Lexington County.”

Requested by: Jeff M. Anderson, Esquire, Lexington County Attorney

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October 17, 2002

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

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

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October 9, 2002

Opinion “interpreting the time period an individual has to file a timely complaint under the Public Accommodations Act law.”

Requested by: Mr. Ralph H. Haile, South Carolina Human Affairs Commission

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September 9, 2002

Opinion questioning the apparent “inconsistency in the 1965 act that was passed by the legislature creating the Dalzell Water District of Sumter County”, which created the water system which states that the delegation shall recommend only such persons as were nominated at a meeting of the residents of the service areas and the by-laws which have to be users.” Specifically asking, “[d]oes the act supersede the by-laws or because the board was given authority to create its by-laws do the by-laws control?”

Requested by: Kenneth R. Young, Esquire

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August 16, 2002

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

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

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July 24, 2002

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

Requested by: The Honorable Gary Watts, Richland County Coroner

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July 16, 2002

Opinion concerning the recent amendments to S.C. Code Ann. § 8-21-310. Specifically, clarification and guidance on this matter so that all the counties collect the proper fee on a uniform basis.

Requested by: Barbara J. Hahn, Administrative Assistant, Horry County Register of Deeds Office

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June 24, 2002

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

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

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May 31, 2002

Opinion asking whether the Tourism Review Committee “has oversight authority over certain Accommodations Tax disbursements as outlined under Chapter 4 of Title 6.”

Requested by: Frans N. Mustert, Chairman, Tourism Expenditure Review Committee

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Columbia, SC

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

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