Opinions Archive -

Jun 11, 2025

Opinion addressing whether S.C. Code § 59-40-170 applies to public school property that does not contain a building.

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Requested by: Requested by Mr. John E. Tyler, General Counsel, South Carolina Department of Education.

Jun 10, 2025

Opinion on whether the South Carolina Public Service Authority (Santee Cooper) is restricted from selling or purchasing electric energy to or from the City of Rock Hill under the plain language of S.C. Code Annotated Section 58-31-320.

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

Jun 09, 2025

Opinion addressing whether a vape shop is regulated as a tobacconist under the South Carolina Code of Laws.

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

May 28, 2025

Opinion addressing the constitutionality of S.C. Code Section 16-17-520.

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Requested by: Requested by Chief Amy Prock, City of Myrtle Beach Police Department.

May 27, 2025

Opinion addressing a municipal council's authority to limiting public speakers to a set amount of time during public comment at a public meeting.

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

May 07, 2025

Opinion regarding local planning commission quorum requirements.

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Requested by: Requested by Mary C. McCormac, Attorney Town of Six Mile.

May 05, 2025

Opinion addressing Hampton County Council's approval over the tax levy on mileage increases for Hampton County School District.

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Requested by: Requested by Mr. Lavar Youmans, County Administrator for Hampton County.

May 02, 2025

Opinion on whether a nonprofit organization spearheading a taxable public-private development can be denied consideration for tax incentives based solely upon the nonprofit's tax-exempt status.

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Requested by: Requested by The Honorable Kambrell H. Garvin, Member, South Carolina House of Representatives.

May 01, 2025

Opinion clarifying the March 27, 2025 opinion to the South Carolina Commissioner on Agriculture and Chair of the Agriculture Commission of South Carolina.

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Requested by: Requested by S. Jahue Moore, Esquire, Attorney for the South Carolina Corn Board.

Apr 28, 2025

Opinion addressing issues concerning mileage, per diem, and subsistence for members of local foster care review boards.

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Requested by: Requested by Shayla R. Hayes, General Counsel, South Carolina Department of Children's Advocacy.

Apr 15, 2025

Opinion addressing Clarendon County Council's authority to approve or decline a proposed school district budget.

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Requested by: Requested by C.D. Rhodes, III, Esquire, Attorney for Clarendon County.

Apr 10, 2025

Opinion addressing the applicability of minimum standards for law enforcement agencies to magistrates and their constables.

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Requested by: Requested by The Honorable Jonathan D. Anders, Chief Magistrate, Greenville County.

Mar 31, 2025

Opinion addressing whether a nonconformity necessarily terminates when a lot is subdivided.

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Requested by: Requested by The Honorable Robert Krouse, Mayor, Town of Surfside Beach.

Mar 27, 2025

Opinion seeking clarification on the handling of assessments under the Agricultural Commodities Marketing Act (The Act). S.C. Code Ann. §§ 46-17-10, et seq. (Rev. 2017).

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Requested by: Requested by The Honorable Hugh E. Weathers, Commissioner, South Carolina Department of Agriculture, and Frances H. Price, Chair, Agriculture Commission of South Carolina.

Mar 17, 2025

Opinion regarding the ability of a municipality to retain a law firm to serve as outside city attorney on a contractual basis and to clarify any dual-office holding implications.

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Requested by: Requested by The Honorable George E. "Chip" Campsen III, Chairman, South Carolina Fish, Game and Forestry Committee.

Mar 17, 2025

Opinion addressing application of 2025-2026 Budget Provisos Sections 8.4 and 100.1 to a proposed lease agreement.

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Requested by: Requested by William "Deebo" Kelly III, General Counsel, Office of Adjutant General.

Mar 12, 2025

Opinion addressing whether the Family Privacy Protection Act requires the production of personal information to third-party entities who seek the information for the purpose of continuing education notification.

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Requested by: Requested by Susan M. Boone, Esquire, General Counsel and Deputy Director, South Carolina Department of Labor, Licensing and Regulation.

Feb 26, 2025

Opinion addressing whether a referendum that is to be held at the "time of the general election" in S.C. Code Section 4-37-30(A)(2) is authorized to be held in both odd and even-numbered years.

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Requested by: Requested by Virginia Merck-Dupont, Attorney for the County of Lancaster.

Feb 13, 2025

Opinion on whether members of the Charleston County Library Board of Trustees are required to take an oath of office, specifically to the State Constitution.

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Requested by: Requested by The Honorable Matt Leber, Member, South Carolina Senate.

Feb 10, 2025

Opinion addressing municipal annexation and issues related to comprehensive plans and zoning.

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Requested by: Requested by The Honorable Thomas E. Pope, Speaker pro Tempore, South Carolina House of Representatives.

Feb 07, 2025

Opinion regarding the authority of a Manufacturer, Wholesaler, Distributor, or its subsidiaries to sell vehicles outside of the franchise dealership network.

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

Jan 21, 2025

Opinion regarding the legality of the State or its subdivisions entering into so-called "indemnification agreements" whereby the State agrees to "hold harmless" another entity.

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Requested by: Requested by Mark Brandenburg, General Counsel, the Citidel.

Jan 14, 2025

Opinion addressing a mayor's authority to hire persons for administrative positions without council approval and council's authority to amend the municipality's budget in response in a mayor-council form of municipal government.

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Requested by: Requested by Peter Balthazor, Esq., Attorney for the Town of Blythewood.

Jan 03, 2025

Opinion addressing a county billing a municipality for 911 system services and housing municipal inmates.

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Requested by: Requested by Chief Tyrone Smith, Varnville Police Department.

Dec 23, 2024

Opinion regarding the applicability of the South Carolina Consolidated Procurement Code, S.C. Code Ann. Sections 11-35-10 et seq.

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Requested by: Requested by the Honorable G. Murrell Smith Jr., Speaker of the House, South Carolina House of Representatives.

Dec 16, 2024

Opinion addressing the operation of a golf cart pursuant to Section 56-2-105 of the South Carolina Code on a municipal street and is also part of a primary highway under the state highway system.

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Requested by: Requested by Christopher Mooney, Chief of Police, Town of Harleyville.

Dec 16, 2024

Opinion addressing whether a trespass notice can support elements of a charge of burglary in the third degree.

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Requested by: Requested by Chief Lawrence Wiggins, Allendale Police Department.

Nov 15, 2024

Opinion addressing a municipality’s ability to contract with a private entity to enforce municipal parking ordinances.

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

Nov 07, 2024

Opinion discussing the validity of a municipal disorderly conduct ordinance as applied to students engaged in fighting on school grounds.

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Requested by: Kathy Harveston, Captain, Rock Hill Police Department

Oct 24, 2024

Opinion addressing rates for inmate calling services and collection of a surcharge pursuant to Budget Proviso 65.25 under the 2024-2025 Appropriations Act.

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

Oct 16, 2024

Opinion addressing the constitutionality of a county sponsoring a private dam owner's federal grant application under the HHPD program.

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Requested by: Requested by David A. Root, Esq., Attorney for Oconee County.

Oct 14, 2024

Opinion addressing the use of search warrant forms outside of those approved by the Attorney General.

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Requested by: Requested by The Honorable Judge Matthew R. Mulholland, Ministerial Recorder, City of Greer.

Oct 07, 2024

Opinion addressing the application of the Infrastructure Maintenance Fee to trailers.

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Requested by: Requested by Mr. Adam J. Neil, Deputy Director, Tax Policy Services, South Carolina Department of Revenue.

Sep 24, 2024

Opinion addressing enforcement authority regarding a telephone cooperative's failure to follow corporate formalities.

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Requested by: Requested by The Honorable Cody T. Mitchell, Richard L. Yow and Patricia Moore Henegan, Members, South Carolina House of Representatives.

Sep 20, 2024

Opinion addressing issues related to Fiscal Year 2024-2025 Budget Proviso 1.49 and Budget Proviso 1.118.

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Requested by: Requested by Dr. Jerome P. Singleton, Commissioner, S.C. High School League.

Sep 16, 2024

Opinion addressing whether the distribution, sale and possession of non-alcoholic beverages containing hemp-derived THC with concentrations of delta-9 THC not more than 0.3% are legal in South Carolina.

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Requested by: Requested by The Honorable G. Murrell Smith Jr., Speaker, South Carolina House of Representatives.

Sep 12, 2024

Opinion addressing eligibility requirements for trust fund recipients under the Working Farmland Protection Fund, S.C. Code, Section 48-59-150.

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Requested by: Requested by Sterling M. Busbee, Esquire, on behalf of the South Carolina Conservation Bank.

Sep 12, 2024

Opinion regarding the registration, license and use of utility task vehicles (UTVs) in South Carolina.

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Requested by: Requested by Major Jason Budreau, Greenwood Police Department.

Aug 23, 2024

Opinion addressing an elector's eligibility to vote in specific races after changing residence between a primary election and an ensuing runoff election.

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

Aug 22, 2024

Opinion addressing a municipal elections commission's responsibility regarding voter records when the municipality adopts a redistricting map.

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Requested by: Requested by The Honorable N. Daniel Gibson, Member, South Carolina House of Representatives.

Aug 22, 2024

Opinion addressing police jurisdiction at county detention centers.

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Requested by: Requested by Captain Nick Gallum, Aiken County Sheriff's Office.

Aug 13, 2024

Opinion addressing several questions regarding the Robert Smalls Monument Commission.

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Requested by: Requested by David K. Avant, General Counsel, South Carolina Department of Administration.

Aug 01, 2024

Opinion addressing a municipalities acceptance of a proposed dedication of roads and its responsibilities in accepting the dedication.

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Requested by: Requested by William H. Johnson, Esq., attorney for the Town of Santee.

Jul 31, 2024

Opinion addressing whether religious affiliated institutions must be given the same consideration as non-religious candidates for funding from governmental entities, if religious practices and ceremonies are not included in the proposal.”

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Requested by: Requested by The Honorable Kambrell Garvin, Member, South Carolina House of Representatives.

Jul 31, 2024

Opinion on “the ability of the South Carolina State Ports Authority (“Ports Authority”) to dispose of certain real property after acquiring the property via its equivalent power to eminent domain."

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Requested by: Requested by The Honorable G. Murrell Smith Jr., Speaker of the House, South Carolina House of Representatives.

Jul 18, 2024

Opinion addressing proposed ordinance relating to requesting legal advice from a city attorney.

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Requested by: Requested by Mr. Charlie Funderburk, City Manager, Tega Cay.

Jul 16, 2024

Opinion on dual office holding (serving as both Executive Director of the Chester Metropolitan District and as a commissioner with the Chester Soil and Water Conservation District).

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Requested by: Requested by Mr. Fred Castles, Executive Director of the Chester Metropolitan District.

Jul 16, 2024

Opinion addressing a county’s ability to fund road construction and maintenance by creating a special tax district.

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Requested by: Requested by Mr. Gary Mixon, Sumter County Administrator.

Jul 15, 2024

Opinion addressing a board of education's ability to close a school by defunding the school through its annual budget process.

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Requested by: Requested by The Honorable Ronnie A. Saab, Member, South Carolina Senate.

Jul 09, 2024

Opinion addressing whether Sec. 16-23-420 of the S.C. Code (2015 and Act No. 111, 2024 S.C. Acts __) prohibits a person from carrying a firearm in a publicly owned parking lot or a publicly owned parking garage.

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