Opinions Archive -

Nov 16, 2021

Opinion addressing whether delinquent tax collectors are permitted to adopt bidder registration procedures for public tax sales.

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

Nov 10, 2021

Opinion clarifying our prior opinion of September 3, 2020 which addressed a nonprofit corporation holding a member meeting through the use of remote technology.

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Requested by: Requested by The Honorable Luke A. Rankin, Member, South Carolina Senate.

Nov 05, 2021

Opinion addressing whether a county board of voter registration and elections is authorized to designate special precincts and polling places for fire district commission elections.

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Requested by: Requested by Mr. Howard Knapp, Interim Executive Director, South Carolina Election Commission.

Nov 01, 2021

Opinion considering the constitutionality and preemption of provisos relating to magistrate's salaries in the 2020-2021 appropriations act.

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Requested by: Requested by The Honorable Jimmy W. Gantt, Jr., Magistrate, Barnwell County.

Oct 25, 2021

Opinion on whether C-funds can be used to finance paving a road that connects a county administration building to a highway.

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Requested by: Requested by The Honorable Kent M. Williams, Member, South Carolina Senate.

Oct 19, 2021

Opinion addressing low speed vehicle licensing and operation on South Carolina highways.

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Requested by: Requested by Chief Andrew Gilreath, Director of Public Safety, City of Folly Beach.

Oct 18, 2021

Opinion addressing whether a county may exceed the millage rate limitation established by Section 6-1-320(A) of the South Carolina Code to create a reserve account for its roads department.

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Requested by: Requested by The Honorable Rex Rice, Member, South Carolina Senate.

Oct 08, 2021

Opinion addressing whether an entity must engage a real estate agent in order to sell property owned by the entity.

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Requested by: Requested by The Honorable A. Gary Simrill, Member, South Carolina House of Representatives.

Oct 07, 2021

Opinion addressing the authority of local governments to prohibit the operation of classes or sizes of a motor vehicle, trailer or semitrailer on highways within their jurisdictions.

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Requested by: Requested by Mr. Michael D. Smith, Town Administrator, Town of Cheraw.

Oct 04, 2021

Opinion clarifying the application of South Carolina's Hemp Farming Act as it relates to THC and THC isomers including delta-8 THC.

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Requested by: Requested by Mark A. Keel, Chief, South Carolina Law Enforcement Division.

Oct 04, 2021

Opinion addressing law enforcement and court jurisdiction on property leased and controlled by a municipality outside of its corporate boundaries.

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Requested by: Requested by The Honorable Scott Stoller, Chief of Police, Town of West Pelzer

Sep 30, 2021

Opinion on whether the SC DMV can collect infrastructure maintenance fees from entities that title or register vehicles in South Carolina with the intent of using them for short-term rentals.

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

Sep 22, 2021

Opinion addresses form requirements in S.C. Code Section 4-9-10(c) for a petition to change the method of election of county council members.

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

Sep 16, 2021

Opinion addressing whether a business, which provides storage space to event hosts, may legally allow for the storage of alcoholic beverages and whether an individual may legally possess alcoholic beverages in a storage unit. The opinion also address the ability of such a business to transport alcoholic beverages from the storage unit to the event location.

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Requested by: Requested by The Honorable William S. Cogswell, Member, South Carolina House of Representatives.

Sep 14, 2021

Opinion on who may request an absentee ballot application on behalf of a voter.

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

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.

Sep 02, 2021

Opinion on 911 dispatch fees.

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Requested by: Requested by The Honorable G.Z. Alexander, Chief of Police, Town of Yemassee.

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