2012 Opinions
May 8, 2012
Opinion addressing whether §7-25-100 prohibits the reproduction of a ballot by devices such as a cell phone, video camera, camera or iPad.
Requested by: The Honorable Harvey S. Peeler, Jr., Member, SC Senate
Read more...May 7, 2012
Opinion as to whether the Jasper County Council has the authority to require the County Treasurer to provide an employee of her office to work at an administrative satellite office the County Council recently established at a location outside the county seat.
Requested by: Marvin C. Jones, Esquire, Jasper County Attorney
Read more...May 2, 2012
Opinion concerning the handling of shoplifting cases by the City of Columbia Police Department (the “Department”).
Requested by: Steven A. Gantt, City Manager, City of Columbia
Read more...April 30, 2012
Opinion “as to whether Article 3 of Chapter 13, Title 6 confers upon the Pioneer Rural Water District of Oconee and Anderson Counties the power to contract for or undertake the construction of new freshwater treatment facilities.”
Requested by: Andy Fiffick, Esquire
Read more...April 24, 2012
Opinion concerning allegations of below-cost sales of gasoline outlined in a January 27, 2012 letter from Mr. Mark Rhodes.
Requested by: The Honorable Glenn G. Reese, Member, SC Senate
Read more...April 24, 2012
Opinion concerning fees included on municipal property tax bills.
Requested by: The Honorable Bill Bowers, Member, House of Representatives
Read more...April 23, 2012
Opinion regarding whether counties and municipalities may impose business license “fees” based upon gross income, rather than net income.
Requested by: The Honorable Christopher R. Hart, Member, House of Representatives
Read more...April 20, 2012
Opinion “regarding a co-fiduciary’s duty to provide information to another co-fiduciary and a co-fiduciary’s duty to request from another co-fiduciary information that he deems necessary to perform his duties”.
Requested by: The Honorable Curtis M. Loftis, Jr., South Carolina State Treasurer
Read more...April 20, 2012
Opinion regarding dealers in precious metals.
Requested by: Jeffrey B. Moore, Executive Director, South Carolina Sheriff’s Association
Read more...April 19, 2012
Opinion regarding procedures for issuing a replacement Uniform Traffic Ticket (“UTT”).
Requested by: Thomas E. Ellenburg, City Attorney, City of Myrtle Beach
Read more...April 12, 2012
Opinion regarding the authority of a deputy coroner to carry a firearm.
Requested by: The Honorable Lloyd B. Ward, Coroner, Barnwell County
Read more...April 11, 2012
Opinion relating “to a potential annexation in the Town of Lexington.” Specifically, “[t]he Town argued that [it] had [the] legal ability to use [a] previously annexed right of way to become contigous to the property in question.”
Requested by: The Honorable Rick Quinn, Member, House of Representatives
Read more...April 9, 2012
Opinion addressing the impact of reapportionment on the election of commissioners of the South Carolina Department of Transportation (the “DOT”).
Requested by: The Honorable Raymond E. Cleary, III, Member, SC Senate
Read more...April 5, 2012
Opinion concerning the recent decision of the United States Supreme Court (“USSC”) in United States v. Jones, 565 U.S. ___, 132 S.Ct. 945 (2012) as it pertains to S.C. Code Ann. §17-30-140 and the use of Global Positioning System (“GPS”) tracking devices. Requested by: Brian Buck, Chief of Police, Irmo Police Department Read full opinion.
Read more...April 4, 2012
Opinion concerning whether an individual’s concurrent service on the Edgefield County Transportation Committee (“Transportation Committee”) and the Board of Directors for the Edgefield County Hospital (“Hospital Board”) violates the constitutional prohibition against dual office holding. Requested by: Michael S.Medlock, Edgefield County Attorney Read full opinion.
Read more...April 2, 2012
Opinion concerning the proper interpretation of the term “gross income” in the context of a county business license tax ordinance. Requested by: Joshua A. Gruber, Esquire, Office of the County Administrator, Beaufort County Read full opinion.
Read more...April 2, 2012
Opinion concerning whether an elected official, who has a concealed weapons permit, may at any time and specifically, during meetings of city council, lawfully carry a concealable weapon inside a building that also houses City Hall, the Police Department, and the Courthouse. Requested by: M. Bryan Turner, Chief of Police, Mauldin Police Department Read full opinion.
Read more...March 30, 2012
Opinion concerning the interpretation of sections 5-3-310 through -315 of the South Carolina Code (2004). The facts, as you have represented them, are that the City of North Charleston (“the City”) has annexed a portion of unincorporated Dorchester County that has heretofore been serviced by the Ashley River and Old Fort Fire Districts (collectively, “the Districts”). Requested by: John G. Frampton, Esquire Read full opinion.
Read more...March 30, 2012
Opinion concerning Abbeville County School District (“School District”), as to whether the Board of Trustees of the School District (“the Board”) is the “local governing body” for purposes of section 6-1-320(b) of the South Carolina Code of Laws. Requested by : Francenia B. Heizer, Esquire Read full opinion.
Read more...March 27, 2012
Opinion concerning dual office holding. You ask whether the law permits you to accept a position of employment with the Town of Estill as a code enforcement officer during your term as Mayor for the Town of Fairfax. Requested by: The Honorable Dwight Causey, Mayor, Town of Fairfax Read full opinion.
Read more...March 21, 2012
Opinion regarding the authority of a registered private security officer employed in an enclosed and/or gated residential enclave to pursue and stop vehicles, and detain and issue uniform traffic tickets or administrative traffic tickets to violators on streets within the enclave. Requested by: Mark Keel, Chief, State Law Enforcement Division Read full opinion.
Read more...March 20, 2012
Opinion concerning Cherokee County Council’s authority to fund a scholarship program proposed by community members of the County that would provide tuition assistance to students who attend a local technical college and meet certain qualifications. Requested by: Joseph L. Mathis, Esquire Read full opinion.
Read more...March 20, 2012
Opinion concerning whether State law prohibits you from simultaneously serving as a councilmember for the City of Bamberg (“City”), Chairman of the City Fire Commission, and a volunteer fireman for the City. Requested by: The Honorable Buck Fralick, Member, Bamberg City Council Read full opinion.
Read more...March 16, 2012
Opinion regarding the Honorable James A. Preacher, Jr., mayor of the Town of Norway (“Mayor”). Requested by: Hubert F. Harrell, Director, SC Criminal Justice Academy Read the full opinion.
Read more...March 9, 2012
Opinion regarding 2012 S.C. Acts 155, §1 (R. 122, H. 3895) (the “Act”), which became effective on February 1, 2012, upon approval by the Governor. The Act amends S.C. Code Ann. §17-15-20 so as to provide that an appearance bond is valid for a certain time period in circuit and magistrate or municipal courts under certain circumstances, and also provides for a procedure to relieve the surety of liability when the time period has run. Requested by: The Honorable John Richard C. King, Member, House of Representatives Read full opinion.
Read more...March 6, 2012
Opinion concerning Gilbert-Summit Rural Water District. Requested by: John J. Fantry, Jr., Esquire Read full opinion.
Read more...March 5, 2012
Opinion regarding the Mayor of the Town of Norway (“Mayor”). Requested by: Mark Keel, Chief, State Law Enforcement Division Read full opinion.
Read more...March 2, 2012
Opinion concerning the approval power vested in the governing body of Kershaw County as that power concerns the levy of taxes for the benefit of the Lugoff Fire District. Requested by: Dennis K. Ray, Fire Chief, Lugoff Fire District Read full opinion.
Read more...March 1, 2012
Opinion regarding the use of battery-operated tint meters to enforce S.C. Code Ann. §56-5-5015, South Carolina’s “window tinting” law (“tint law”). Requested By: Chief Robert H. Wunderlich, Town of Holly Hill Police Department Read full opinion.
Read more...February 29, 2012
Opinion concerning the authority of the Metropolitan Sewer Subdistrict created by Act 687 of 1969. Requested by The Honorable David L. Thomas, Senator, District 8 and The Honorable Shane R. Martin, Senator, District 13 Read full opinion.
Read more...February 28, 2012
Opinion concerning the right of an individual who receives a judgment or sentence in municipal court to obtain a transcript or tape recording of the proceeding for purposes of an appeal. Requested by: The Honorable William R. Johnson, Mayor, Town of Holly Hill Read full opinion.
Read more...February 23, 2012
Opinion concerning a potential conflict of interest. Requested by: The Honorable Jimmy Ward, Member, Isle of Palms City Council Read full opinion.
Read more...February 23, 2012
Opinion concerning whether South Carolina law prohibits you from continuing to serve as Chairperson of the Anderson County Tax Assessment Appeals Board (“Tax Appeals Board”) in consideration of your recent appointment to the South Carolina Medical Disciplinary Commission (“Commission”). Requested by: Mr. Kenneth C. Walker Read full opinion.
Read more...February 24, 2012
Opinion regarding the Richland-Lexington Airport District (the “Airport District”). You ask us whether or not the City of Cayce is obligated to provide the same water and sewer rates to the Airport District as it charges to resident customers. Requested by: John M. Knotts, Jr., Senator, District No. 23 Read full opinion.
Read more...February 21, 2012
Opinion concerning your intent to file as a candidate for Probate Judge for the County of Bamberg (“County”) and the applicability of a County ordinance purporting to terminate employees of the county who become candidates for an elected county office. Requested by: Sarah G. Noel, Clerk, Bamberg County Probate Court Read full opinion.
Read more...February 21, 2012
Opinion concerning the authority of a local housing authority to act state-wide. Requested by: Tracey C. Easton, General Counsel, S.C. State Housing Finance and Development Authority Read full opinion.
Read more...February 14, 2012
Opinion concerning whether Defendant is required to register as a sex offender. Requested by Mark Keel, Chief, State Law Enforcement Division Read full opinion.
Read more...February 6, 2012
An opinion regarding whether the Family Educational Rights and Privacy Act (“FERPA”) prohibits a school district from sharing information on crimes committed in the schools with the sheriff’s department. Requested by: The Honorable Leon Lott, Sheriff, Richland County Read full opinion.
Read more...January 31, 2012
Opinion regarding whether a school district can establish a year-round calendar that starts in mid-July. Requested by: Russell W. Booker, Ph.D. Superintendent, Spartanburg School District 7 Read full opinion.
Read more...January 25, 2012
Opinion concerning the proper body to govern the affairs of the water and sewer system of the City of Tega Cay.
Requested by: The Honorable Ralph W. Norman, Member, House of Representatives
Read more...January 24, 2012
Opinion as to whether pre-kindergarten programs exceeding four hours per day are required to be licensed by the Department of Social Services (DSS) pursuant to the South Carolina statutes and regulations governing the operation of “childcare facilities.” Specifically, you indicate an interest in the law as it applies to such programs conducted by public schools.
Requested by: The Honorable Lewis E. Pinson, Member, House of Representatives
Read more...January 18, 2012
Opinion regarding our interpretation of S.C. Code Ann. §50-11-310(B). Specifically, whether or not §50-11-310(B) prohibits hunting or taking over bait, or simply prohibits baiting for deer.
Requested by: Buford S. Mabry, Jr., Chief Counsel, South Carolina Department of Natural Resources
Read more...January 13, 2012
Opinion concerning the legal status of a person who “performs the administrative duties” of the Town of Pinewood, such as collecting fees, paying bills, keeping the town checkbook, and other similar “duties required for the operation of the town.”
Requested by: The Honorable Al Pridgen, Mayor, Town of Pinewood
Read more...January 12, 2012
Opinion concerning the legality of the following pending transaction.
Requested by: The Honorable Bruce Cooley, Abbeville County Director
Read more...January 12, 2012
Opinion concerning certain property and the “reverter clause”.
Requested by: Miles Loadholt, Esquire
Read more...January 10, 2012
Opinion as to the sufficiency, as evidence of receipt, of an electronically-generated and stored facsimile signature on certified mail. Specifically, referencing the provisions of the Uniform Electronic Transactions Act of 2004 (the “UETA”).
Requested by: Kevin A. Shwedo, Executive Director, Department of Motor Vehicles
Read more...January 6, 2012
Opinion concerning whether a proprietor may operate a brew-on premises facility or home winemakers’ center in South Carolina.
Requested by: The Honorable William G. Herbkersman, Member, House of Representatives
Read more...January 6, 2012
Opinion regarding the Policies and Procedures Manual for South Carolina State Constables (the “Manual”), which was updated on September 8, 2011, by the Constable Advisory Council (the “Council”) of the State Carolina Law Enforcement Division (“SLED”). Specifically, whether SLED has authority to require commissioned Group III constable to perform this additional service.
Requested by: The Honorable Glenn G. Reese, Member, SC Senate
Read more...Return to top
Columbia, SC