Opinions Archive -

May 25, 2023

Opinion addressing a sheriff's office's ability to obtain data collected by an emergency medical services department.

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Requested by: Requested by Daniel Gourley, General Counsel, Beaufort County Sheriff's Office.

May 16, 2023

Opinion addressing the use of noise cameras to enforce a municipal noise ordinance.

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Requested by: Requested by Scott Elliott, Esquire, Town Attorney, Town of Arcadia.

May 09, 2023

Opinion concerning a county's authority over magistrates' salaries.

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Requested by: Requested by The Honorable Michael Gambrell and The Honorable Billy Garrett, Members, South Carolina Senate.

May 03, 2023

Opinion addressing the S.C. Criminal Justice Academy's authority to train service members as law enforcement officers while they participate in the Department of Defense SkillBridge program.

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Requested by: Requested by Chris Watts, Chief, City of Rock Hill Police Department.

May 01, 2023

Opinion addressing whether members of a Capital Project Sales Tax commission are office holders under the South Carolina Constitution.

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

Apr 27, 2023

Opinion addressing campus police officer jurisdiction over property formerly operated for an education purpose and still owned by the respective institution.

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Requested by: Requested by Chief John Milby, Furman University Police Department.

Apr 13, 2023

Opinion addressing the use of taxes or fees collected under S.C. Code Section 4-21-10 to pay for a contract administrator and liaison with fire departments operating under contract with the county.

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Requested by: Requested by Gary Bunker, Chairman, Aiken County Council.

Apr 13, 2023

Opinion regarding the validity of Jasper County ordinances in relation to the creation, authority, and appointment of the Jasper County Aeronautics Commission.

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Requested by: Requested by David Tedder Esq., Attorney for Jasper County.

Apr 06, 2023

Opinion addressing the application of art. X, sec. 11 of the South Carolina Constitution to the investment activities of the SC Jobs-Economic Development Authority, InvestSC, Palmetto State Growth Fund and the Venture Capital Authority.

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Requested by: Requested by William J. Condon, Jr., Esq., Deputy General Counsel, South Carolina Treasurer's Office.

Mar 21, 2023

Opinion on whether charter schools may issue a per diem reimbursement payment to employees for costs associated with employment-related travel and meals.

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Requested by: Requested by Mr. Matt Nestberg, Board Chair, High Point Academy.

Mar 16, 2023

Opinion on certain questions related to possible charges for theft of a golf cart.

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Requested by: Requested by John O. Long, McCormick County Sheriff's Office.

Mar 09, 2023

Opinion addressing governance of a shared high school for two constituent school districts in Charleston County.

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

Feb 23, 2023

Opinion on dual office holding (commissioner on the Richland County Conservation Commission and Richland Soil Water Conservation District).

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Requested by: Requested by Mr. Timothy McSwain, Blythewood.

Feb 23, 2023

Opinion addressing the licensing of online travel agencies.

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Requested by: Requested by The Honorable J. Gregory Hembree, Member, South Carolina Senate.

Feb 10, 2023

Opinion on the respective authorities of the Columbia Planning Commission and the Columbia Board of Zoning Appeals.

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Requested by: Requested by The Honorable Seth C. Rose, Member, South Carolina House of Representatives.

Feb 07, 2023

Opinion addressing whether a county council can exempt agricultural businesses from a business registration fee ordinance under S.C. Code Section 12-37-135.

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Requested by: Requested by Sean Thornton, Esquire, Colleton County Attorney.

Jan 24, 2023

Opinion on residency requirements for public school enrollment.

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Requested by: Requested by Dr. Steven Adamson, Board Chair, The Charter Institute of Erskine.

Jan 19, 2023

Opinion addressing the appointment process for members of the Mitford Rural Water District Board of Fairfield and Chester Counties.

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Requested by: Requested by The Honorable Annie E. McDaniel, Member, South Carolina House of Representatives.

Dec 29, 2022

Opinion on several questions related to proposed legislation on video recording of police.

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Requested by: Requested by The Honorable Ivory Thigpen, D.C, Member, South Carolina House of Representatives.

Dec 12, 2022

Opinion addressing vacancies on the Charleston County School Board of Trustees in light of an amendment to S.C. Code Section 59-19-60.

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

Nov 22, 2022

Opinion on dual office holding (Trustee for the South Carolina Charter School District Board of Trustees and City Manager for the City of Darlington).

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Requested by: Requested by Erik T. Norton, attorney for the South Carolina Public Charter School District Board of Trustees and Kevin Etheridge, attorney for the City of Darlington.

Nov 15, 2022

Opinion addressing appointments to commissions created under the Capital Projects Sales Tax Act.

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Requested by: Requested by Paul W. Dillingham, Esquire, attorney for the City of Rock Hill.

Nov 14, 2022

Opinion interpreting the prohibition on disclosures of any infraction relating to business license applications to any third party in S.C. Code Section 6-1-420(E).

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Requested by: Requested by Eric Shytle, General Counsel, Municipal Association of South Carolina.

Nov 03, 2022

Opinion on whether or not police officers engaged in secondary and off-duty employment is a violation of dual office holding.

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Requested by: Requested by Stephen A. Watkins, Chief, Gaston Police Department.

Nov 01, 2022

Opinion addressing whether S.C. Code Sections 15-9-270 and 38-5-70 authorize substitute service of process of third party subpoenas.

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Requested by: Requested by Gwendolyn Fuller McGriff, Esquire, Deputy Director and General Counsel, South Carolina Department of Insurance.

Oct 28, 2022

Opinion addressing the purchase of a property from a town when a town council member serves as the manager for the company.

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Requested by: Requested by Mr. C. Daniel Atkinson, Esquire, attorney for the Town of Lyman.

Oct 11, 2022

Opinion addressing the implications of an elected school board member's failure to file a Statement of Economic Interest prior to taking an oath of office as required under Section 8-13-1110 of the South Carolina Code.

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Requested by: Requested by Mr. Brian D. Lamkin, Inspector General, State of South Carolina.

Sep 28, 2022

Opinion addressing whether a county council can enact an ordinance tying increases in county council members' salaries to increases in county employee salaries.

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Requested by: Requested by Brittany L. Ward, Esquire, Interim Attorney for Beaufort County.

Sep 22, 2022

Opinion on whether prayer can be stopped on school property if the event is sanctioned by a non-profit organization.

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Requested by: Requested by The Honorable Sandy McGarry, Member, South Carolina House of Representatives.

Sep 21, 2022

Opinion on the legal and official duties of the Lexington County Auditor with regard to school district bond millage rates.

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Requested by: Requested by Mr. Chris Harmon, Lexington County Auditor.

Sep 21, 2022

Opinion addressing allocation of need-based grant program funding according to S.C. Code Section 59-142-40.

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Requested by: Requested by Mr. Tim Hardee, President, S.C. Technical College System.

Sep 19, 2022

Opinion considering whether real estate professionals, other than licensed appraisers, can use the term "value" regarding a real estate transaction and whether a REALTOR RPR Report meets the requirement for exemption from the South Carolina Real Estate Appraiser License and Certification Act.

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Requested by: Requested by The Honorable Roger K. Kirby, Member, South Carolina House of Representatives.

Sep 07, 2022

Opinion addressing applicability of FOIA discovery statutes to cast vote record data, as well as related constitutional considerations in Article II, section 1 of the Constitution of South Carolina.

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Requested by: Requested by The Honorable Josiah Magnuson, James M. Burns, Victor M. Dabney, Stewart O. Jones, Robert J. "RJ" May, III, and Steven Wayne Long, Members, South Carolina House of Representatives.

Sep 07, 2022

Opinion addressing applicability of FOIA discovery statutes to cast vote record data, as well as related constitutional considerations in Article II, section 1 of the Constitution of South Carolina.

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Requested by: Requested by The Honorable Thomas Corbin, Member, South Carolina Senate, The Honorable Dwight A. Loftis and James M. Burns, Members, South Carolina House of Representatives.

Aug 31, 2022

Opinion addresses the ability of a broker-in-charge to disburse funds held in trust upon the termination of a real estate transaction.

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

Aug 25, 2022

Opinion on the role of a mayor in presiding over town council meetings under a council form of government.

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Requested by: Requested by Mr. Kenneth A. Davis, Attorney for the Town of Allendale.

Aug 19, 2022

Opinion addressing the parameters that a school board of trustees may establish regarding interviews of children on school grounds by employees of the Department of Social Services.

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Requested by: Requested by Andrea E. White, Esq., Counsel for the Cherokee County School District.

Aug 15, 2022

Opinion on certain questions related to the lawfulness of carrying a firearm with a concealed weapons permit in South Carolina State Parks.

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Requested by: Requested by Emily Johnson, General Counsel, South Carolina Department of Parks, Recreation & Tourism.

Aug 08, 2022

Opinion on the County Greenspace Sales Tax Act.

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Requested by: Requested by The Honorable Tom Davis, Member, South Carolina Senate.

Aug 02, 2022

Opinion on the authority of the Mayor for the Town of Sellers.

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Requested by: Requested by The Honorable Frank Jones, Mayor, Town of Sellers.

Aug 01, 2022

Opinion addressing funding allocated for county coroner's offices according to S.C. Code Section 17-5-140.

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Requested by: Requested by The Honorable Bobbi Jo O'Neal, President, South Carolina Coroner's Association.

Jul 22, 2022

Opinion regarding signs placed at all Charleston County parks prohibiting the carrying of concealable weapons.

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Requested by: Requested by The Honorable Shane Martin, Member, South Carolina Senate.

Jul 19, 2022

Opinion addressing whether a county may charge businesses different business license tax rates based on domicile.

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Requested by: Requested by Mr. W.K. Taylor, Esquire, Beaufort County Attorney.

Jul 19, 2022

Opinion addressing the South Carolina Procurement Code and limited exceptions to using a competitive sealed bidding procedure.

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Requested by: Requested by The Honorable Shane Massey, Member, South Carolina Senate.

Jul 13, 2022

Opinion on dual office holding.

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Requested by: Requested by The Honorable Robert Stamper, Member, Andrews Town Council

Jul 08, 2022

Review of a Horry County Ordinance that limits where people who are on the Sex Registry can work.

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Requested by: Requested by The Honorable Jimmy A. Richardson, II, Solicitor, Fifteenth Judicial Circuit.

Jun 30, 2022

Opinion addressing whether a person whose name is on a joint account may be held criminally liable for improperly withdrawing funds from that account.

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Requested by: Requested by Detective Mikhail M. Mironenko, Spartanburg County Sheriff's Office.

Jun 30, 2022

Opinion addressing whether certain investment statutes apply to a charter school if its sponsor is an independent institution of higher learning.

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Requested by: Requested by William J. Condon, Jr., Esq., Deputy General Counsel, Office of the State Treasurer.

Jun 28, 2022

Opinion regarding gambling laws and the Real Estate Settlement Act ("RESPA"), 12 U.S.C. 2601 et seq.

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Requested by: Requested by The Honorable W. Brian White, Member, South Carolina House of Representatives.

Jun 22, 2022

Opinion on whether Act 149 of 2022 addressing paid parental leave for eligible state employees applies retroactively.

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