Opinions Archive -

Sep 13, 2021

Opinion concerning the statutory, regulatory and other legal requirements governing South Carolina's Brownsfield/Voluntary Cleanup Program and the specific contracts executed by the South Carolina Department of Health and Environmental Control.

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Requested by: Requested by The Honorable Lee Hewitt, Member, South Carolina House of Representatives.

Sep 13, 2021

Opinion addressing whether a municipal police officer assigned as a school resource officer has jurisdiction to enforce state law at a school board meeting for his assigned school district when the meeting is held outside of the municipality.

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Requested by: The Honorable Kevin S. Brackett, Solicitor, 16th Judicial Circuit.

Aug 30, 2021

Opinion on whether an HOA can prohibit the possession of firearms in common areas of an HOA.

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Requested by: Requested by The Honorable Brian Davis, Member, South Carolina Senate and The Honorable Sylleste Davis, Member, South Carolina House of Representatives.

Aug 30, 2021

Opinion addressing term limits for members of the Richland-Lexington Airport Commission.

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Requested by: Requested by Mr. John Fisher, Attorney for the Richland-Lexington Airport Commission.

Aug 27, 2021

Opinion addressing whether municipal fines violate the Eight Amendment prohibition against excessive fines.

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Requested by: Requested by The Honorable Larry Grooms, Member, South Carolina Senate.

Aug 24, 2021

Opinion on the prohibition of firearms on the Furman University campus.

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Requested by: Requested by Thomas M. Aiken, Lieutenant, Furman Police Department.

Aug 16, 2021

Opinion on whether DHEC has authority to issue interim guidelines when no state health emergency executive order has been issued.

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Requested by: Requested by The Honorable Dwight Loftis, Member, South Carolina Senate, and The Honorable J.M. "Mike" Burns, Members, South Carolina House of Representatives.

Aug 03, 2021

Opinion addressing a county’s ability to pass a firearm ordinance.

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

Aug 02, 2021

Opinion on the legality of the South Carolina Department of Motor Vehicles participating in a digital image sharing program with other state departments of motor vehicles.

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Requested by: Requested by Mr. Kevin Shwedo, Executive Director, South Carolina Department of Motor Vehicles.

Aug 02, 2021

Opinion on a municipality’s authority to change the election date of its municipal officers and whether the mayoral election can be held on a date separate from that for the election of councilmembers.

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

Jul 12, 2021

Regarding potential constitutional concerns in a proposed noise ordinance.

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Requested by: The Honorable S. Duane Lewis, Sheriff, Berkeley County.

Jun 30, 2021

Addressing the time frame required to adopt a county budget and the consequences resulting from not adopting a budget within the time frame provided for by state law.

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Requested by: Mr. Richard B. Ness, Attorney for Bamberg County.

Jun 17, 2021

On whether state building codes are applicable to roadside markets.

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Requested by: Mr. Steve Willis, Lancaster County Administrator.

Jun 11, 2021

On whether an elected Register of Deeds can legally require all real estate documents submitted by a South Carolina licensed attorney be transmitted to the Register of Deeds electronically only.

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

Jun 11, 2021

On whether a board member of the School District of Pickens County remains qualified to hold office after selling her permanent residence within her single-member district.

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Requested by: The Honorable Shannon Haskett, Chairman, Board of Trustees, School District of Pickens County.

Jun 01, 2021

Regarding the constitutionality of certain sections of the International Property Maintenance Code.

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

Jun 01, 2021

On whether nonresident investors must have paid taxes in South Carolina in the prior year in order to qualify for a tax credit under the High Growth Investment Job Creation Act of 2013.

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

May 21, 2021

On whether a whether a summary court can issue a search warrant compelling a defendant to attempt to open his/her cell phone via facial recognition or finger print scan.

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Requested by: The Honorable B. Lee Miller, Municipal Court Judge for the City of Greenwood.

May 20, 2021

On the positions of County Treasurer and County Auditor in a council-manager form of government.

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Requested by: By Brittany L. Ward, Deputy County Attorney for Beaufort County.

May 14, 2021

On whether or not the South Carolina Department of Corrections is required to release the names of inmates who have died in custody due to suicide, overdose, homicide, or any other reason to the press or any other person to a general request or FOIA.

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Requested by: Mr. Bryan P. Stirling, Director, South Carolina Department of Corrections.

May 11, 2021

On delivery of charging documents.

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Requested by: The Honorable Jarrod E. Goldman, Chief of Police, Town of Salley.

May 05, 2021

Addressing whether section 46-45-60 of the South Carolina Code prohibits the application of local building codes to a roadside market.

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Requested by: Mr. Steve Willis, County Administrator, Lancaster County.

May 05, 2021

On whether funds forfeited pursuant to S.C. Code Section 44-53-530 may be used to construct a law enforcement training facility.

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Requested by: The Honorable Carl Ritchie, Chief of Police, Mount Pleasant.

Apr 08, 2021

Addressing whether the SC Supreme Court's holding in Wilson v. Preston, 378 S.C. 348, 662 S.E.2d 580 (2008) only applies to financial documents and whether a school district's policy regarding the release of documents to board member conflicts with the Court's holding.

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Requested by: The Honorable Shane Massey, Senate Majority Leader.

Apr 05, 2021

Discussing whether local law or general law applies to the Anderson County Fire Protection Commission in regard to millage increases.

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Requested by: The Honorable Jonathon D. Hill, The Honorable Anne Thayer and The Honorable West Cox, Members, South Carolina House of Representatives.

Apr 05, 2021

Addressing whether the South Carolina Local Government Comprehensive Planning Enabling Act of 1994 permits local governing bodies to adopt land development regulations and amendments thereto at the same public hearing.

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Requested by: Andrew C. Marine, Attorney for Edgefield County.

Apr 05, 2021

Addressing whether Richland County is required to pay the COMET the pro rata interest earned on penny tax revenues.

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Requested by: Mr. John Andoh, Executive Director/CEO, Central Midlands Regional Transit Authority.

Mar 31, 2021

Regarding Class 3 Special Law Enforcement Officers carrying firearms while on duty.

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Requested by: Mr. Lewis J. Swindler, Director, South Carolina Criminal Justice Academy.

Mar 29, 2021

Regarding the use of a search warrant to obtain a blood sample if a person who has been arrested for DUI refuses to take a chemical test.

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Requested by: Sergeant Brandon White, Greenwood Police Department.

Mar 25, 2021

Addressing the legislative intent of the South Carolina Uniform Anatomical Gift Act in regard to coroners.

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Requested by: The Honorable Daniel B. Verdin, III, Chairman, Senate Medical Affairs Committee.

Mar 24, 2021

Addressing whether an institution chartered before 1962 as a non-bachelor's level institution can qualify as an independentinstitution of higher learning, S.C. Code sec 59-113-50(2), if the institution began offering bachelor's level instruction after 1962.

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Requested by: Katherine H. Harrison, Director, S.C. Higher Education Tuition Grants Commission.

Mar 15, 2021

Addressing whether a local government is authorized to require an affidavit from a person who requests public records under the S.C Freedom of Information Act.

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Requested by: Brittany L. Ward, Deputy County Attorney, Beaufort County.

Mar 15, 2021

Addressing whether Section 8-29-10 of the South Carolina Code is applicable to a rent and mortgage assistance program created to assist those who have been financially impacted by Covid-19.

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Requested by: Tracey C. Easton, General Counsel, South Carolina Housing Finance and Development Authority.

Mar 01, 2021

Addressing the validity of a county ordinance imposing criminal penalties on individuals operating businesses found to be a public nuisance as described under the ordinance.

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Requested by: The Honorable J. Todd Rutherford, Member, South Carolina House of Representatives.

Feb 22, 2021

On dual office holding (elected member of town council and serve as a member of the town's Planning and Zoning Committee).

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Requested by: Mr. Henry M. Laye III, Director, Board of Registration and Elections of Spartanburg County.

Feb 22, 2021

On dual office holding (serve as elected coroner and as a member on the Bamberg County Planning Commission).

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Requested by: Richard B. Ness, Attorney for Bamberg County.

Feb 18, 2021

Addressing whether the use of email by public officials can constitute a "meeting" according to the South Carolina Freedom of Information Act.

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Requested by: Emily H. Farr, Director, South Carolina Department of Labor, Licensing and Regulation.

Feb 08, 2021

Addressing whether a local school district acting as a sponsor of a charter school may withhold state funds from the charter school it sponsors pursuant to section 59-40-55(C) of the South Carolina Code.

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Requested by: Bonum S. Wilson III, Esquire, attorney for James Island Charter High School.

Jan 21, 2021

Addressing whether local governments can collect fees on behalf of homeowner associations.

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

Jan 14, 2021

Addressing whether subdividing property without a change in ownership or use amounts to an assessable transfer of interest triggering an appraisal of the property.

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Requested by: The Honorable Gil Gatch, Member, South Carolina House of Representatives.

Jan 14, 2021

On dual office holding (town councilman and serve as member of the of the Respiratory Care Advisory Council for the South Carolina Medical Board.

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Requested by: Mr. Scott N. Simms, West Columbia.

Jan 11, 2021

On whether the SC Freedom of Information Act precludes a SC citizen from talking to a member of a public body except for when the public body holds open meetings.

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

Dec 31, 2020

Addressing whether S.C. Code Section 58-31-30(B) requires approval by legislative act of the General Assembly before Santee Cooper can sell a light system to a homeowners association.

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Requested by: The Honorable R.J. May, III, Member, South Carolina House of Representatives.

Dec 21, 2020

Addressing whether a Section 12-37-220 requires a house to be owned or co-owned by a disabled veteran prior to death for a surviving spouse to qualify for a property tax exemption.

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Requested by: Mr. Stanley A. Foreman, Director, Division of Administrative Services, South Department of Veteran's Affairs.

Dec 21, 2020

On dual office holding.

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Requested by: Ms. Jesica Mackey, Columbia.

Dec 17, 2020

Addressing the ability of a county auditor to continue serving after changing her voter registration to another county and then rescinding her voter registration entirely.

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Requested by: Mr. Steve Willis, Lancaster County Administrator.

Dec 07, 2020

Addressing several magistrate's court issues including bond violations, charges under the contraband statute for drugs found in a defendant's possession subsequent to arrest, and a magistrate's ability to request service directly from a regular deputy.

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Requested by: The Honorable Kenneth H. Dover, Summary Court Judge, Inman District 13.

Dec 03, 2020

On dual office holding.

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Requested by: The Honorable Jerri Ann Roseneau, Beaufort County Clerk of Court.

Nov 19, 2020

On whether a public officer who has been suspended from office for the alleged commission of a crime is entitled to compensation and benefits during the suspension.

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Requested by: Richard B. Ness, Esquire, Attorney for Bamberg County.

Nov 19, 2020

On a draft emergency curfew ordinance that includes a restriction on possess of firearms in public.

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Requested by: Mr. W. Brent Taylor, Administrator, City of Walhalla.