Opinions Archive -

Nov 17, 2023

Opinion addressing whether a guest staying in a hotel, motel or other facility meant for transient lodging can become a tenant for purposes of the South Carolina Residential Landlord Tenant Act.

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Requested by: Requested by Lieutenant Sean M. Bailey, York Police Department.

Nov 08, 2023

Opinion addressing whether Fiscal Year 2023-24 Budget Proviso 1.50 prohibits establishing a separate classification and state championship for private schools and charter schools.

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Requested by: Requested by Dr. Jerome Singleton, Commissioner, South Carolina High School League.

Nov 07, 2023

Opinion addressing the county's obligation regarding the Clerk of Court's expenditure of Title IV-D funds made available to her thru the County Treasurer from the S.C. Department of Social Services.

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Requested by: Requested by M. Amanda Shuler, Esquire, Attorney for Williamsburg County.

Oct 31, 2023

Opinion addressing whether a county may adopt a Transportation Penny Tax according to the provisions in Chapter 37, Title 4 if it has already adopted a Local Option Sales Tax, S.C. Code Section 4-10-10 et seq. and a Capital Project Sales Tax, S.C. Code 4-10-300 et seq.

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

Oct 26, 2023

Opinion addressing whether a school district may expend funds from the imposition of an Education Capital Improvement Sales and Use Tax to build only a portion of a capital improvement specified in the voter-approved referendum authorizing such tax.

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Requested by: Requested by E. Brandon Gaskins, Esq., General Counsel for the Berkeley County School District.

Oct 16, 2023

Opinion addressing the expenditure of local accommodation tax revenues for the development of workforce housing.

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Requested by: Requested by Curtis Coltrane, Esq., Attorney for the Town of Hilton Head Island.

Oct 16, 2023

Opinion addressing issues related to civil enforcement of restitution, criminal fines, surcharges, assessments, costs, and fines.

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Requested by: Requested by The Honorable Renee N. Elvis, Clerk of Court, Horry County.

Oct 12, 2023

Opinion on whether the Charleston County House delegation has authority to respond to or receive testimony on actions taken by the school district.

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Requested by: Requested by Alice F. Paylor, Esquire, Attorney for the Charleston County School District.

Oct 09, 2023

Opinion on whether the Charleston County School District complied with FOIA requirements during its September 25, 2023 meeting.

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Requested by: Requested by The Honorable Marvin R. Pendarvis, Member, South Carolina House of Representatives.

Oct 09, 2023

Opinion regarding fire protection fees for tax exempt properties provided under Section 12-37-235 of the South Carolina Code of Laws.

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Requested by: Requested by Robert C. Childs, III, Esquire, Attorney for the City of Travelers Rest.

Oct 03, 2023

Opinion on whether a constitutional limitation against joint ventures in Art. X, Section 11 applies to Santee Cooper's acquisition of the membership interests in Cherokee County Cogeneration Partners, LLC.

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Requested by: Requested by Pamela J. Williams, Chief Public Affairs Officer and General Counsel, Santee Cooper.

Oct 02, 2023

Opinion regarding the proper interpretation by the Department of Revenue's own Regulation 7-403.

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

Sep 29, 2023

Opinion addressing the use of body-worn cameras in medical facilities.

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Requested by: Requested by Derk Van Raalte, Esquire, Attorney for the City of North Charleston.

Sep 21, 2023

Opinion addressing whether a member of the Palmetto College Board of Visitors holds an office.

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Requested by: Requested by The Honorable Brandon Newton, Member, South Carolina House of Representatives.

Sep 19, 2023

Opinion addressing the enforcement and validity of a municipal ordinance regulating nuisances.

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Requested by: Requested by The Honorable Leon D. "Doug" Gilliam, Member, South Carolina House Representatives.

Sep 18, 2023

Opinion on the legality of the Small, Disadvantaged, Minority Business Program currently implemented by the City of North Charleston.

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Requested by: Requested by The Honorable Marvin R. Pendarvis, Member, South Carolina House of Representatives.

Sep 12, 2023

Opinion addressing whether a municipality is authorized to compensate a councilmember for services rendered prior to qualification and being sworn into office.

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Requested by: Requested by Mr. Danny C. Crowe, Esquire, Attorney for the City of Sumter.

Sep 08, 2023

Opinion addressing who may enforce Section 44-96-170(H) pertaining to waste tires and whether this provision imposes a criminal or civil penalty.

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Requested by: Requested by Sarah Lyles, Executive Director, PalmettoPride.

Sep 08, 2023

Opinion addressing whether a county may purchase real property by resolution or ordinance.

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Requested by: Requested by Brian Hulbert, Deputy County Attorney, Beaufort County.

Aug 30, 2023

Opinion addressing appointments, vacancies and quorum requirements for county boards of voter registration and elections.

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

Aug 25, 2023

Opinion addressing a coroner's discretionary authority to spend funds allocated under S.C. Code Section 17-5-140(B).

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Requested by: Requested by The Honorable Chris Hill, Fairfield County Coroner.

Aug 14, 2023

Opinion addressing a sewer district's ability to levy a uniform tax where not all of its residents receive sewer service.

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Requested by: Requested by The Honorable Sharon H. West, Auditor, Spartanburg County.

Aug 11, 2023

Opinion on the interpretation of a provision of Act 38 of 2023.

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

Jul 26, 2023

Whether the South Carolina Department of Corrections is required to release, pursuant to the Freedom of Information Act, photographs of inmates taken automatically while they are using their SCDC tablets..

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

Jul 26, 2023

Opinion addressing the application of Myrtle Beach's business license tax to Turo, Inc. and its Hosts.

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Requested by: Requested by The Honorable Cody T. Mitchell, Member, South Carolina House of Representatives.

Jul 05, 2023

Opinion addressing whether a project violates the prohibition on using public funds for the primary benefit of private parties.

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Requested by: Requested by Mr. G. Waring Parker, Esquire, Attorney for the Town of Summerville.

Jun 30, 2023

Opinion addressing the legality of a contract entered into by a school district.

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Requested by: Requested by The Honorable Jay Kilmartin, Member, South Carolina House of Representatives.

Jun 27, 2023

Opinion addressing which entities are authorized to approve lease-purchase agreements for the use of school property.

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Requested by: Requested by The Honorable Cody T. Mitchell, Member, South Carolina House of Representatives.

Jun 19, 2023

Opinion on the directors and bylaws of the Teal's Mill Rural Volunteer Fire Department, Inc., a nonprofit corporation.

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Requested by: Requested by The Honorable Richard Yow, Member, South Carolina House of Representatives.

Jun 15, 2023

Opinion addressing multiple documents titled for a public meeting of the Charleston County School Board.

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Requested by: Requested by The Honorable Matthew W. Leber, Member, South Carolina House of Representatives.

Jun 14, 2023

Opinion addressing whether information gathered during a State Election Commission audit is exempt from the South Carolina Freedom of Information Act under Section 30-4-40(a)(2) of the South Carolina Code.

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

Jun 13, 2023

Opinion on whether it would constitute dual office holding for an individual to serve as a member of the Cherokee County Council and as the Cherokee County member of the Spartanburg County Commission for Higher Education.

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Requested by: Requested by The Honorable Harvey Peeler Jr., Member, South Carolina Senate.

Jun 08, 2023

Opinion addressing whether a private university police department is authorized to enter into a mutual aid agreement under the Law Enforcement Assistance and Support Act.

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

Jun 05, 2023

Opinion addressing proposed rules of conduct for public meetings and how a public body may enforce those rules.

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Requested by: Requested by Terry A. Finger, Esquire, Attorney for the Town of Bluffton.

Jun 02, 2023

Opinion on dual office holding (serve as county administrator and town administrator).

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Requested by: Requested by Walter H. Sanders, Jr., Esq., Attorney for Allendale County.

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.