2009 Opinions
January
February
March
April
May
June
July
August
September
October
November
December
January 2, 2009
Opinion concerning the forfeiture of seized gambling money.
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Requested by: The Honorable W. Glenn Campbell, Sheriff, Darlington County
January 7, 2009
Opinion concerning the creation of a non-profit organization by the Office on Aging based on Attorney General opinions that have set legal precedent for a government entity to provide public funds to a non-profit corporation.
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Requested by: The Honorable Richard Eckstrom, Comptroller General, State of South Carolina
January 8, 2009
Opinion questioning whether strictly financial agreements between a county and an original landowner fall under the Development Agreement Act.
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Requested by: The Honorable Nelson Hardwick, Member, House of Representatives
January 12, 2009
Opinion questioning whether you may cite for violations of Greenville County ordinances along with State statutory offenses.
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Requested by: Sergeant Rick Masters, Greenville Technical College Campus Police Department
January 13, 2009
Opinion addressing the installation of one of the Board’s members given the situation explained in a previous letter to this Office dated November 17, 2008.
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Requested by: William F. Halligan, Esquire
January 21, 2009
Opinion regarding the authority and responsibility of the Greenwood County Coroner and the Greenwood County Sheriff to investigate and take action regarding homicides and accidental deaths occurring on Lake Greenwood.
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Requested by: The Honorable James T. Coursey, Greenwood County Coroner
January 21, 2009
Opinion regarding Marlboro County’s procurement practices and procedures. Specifically, concerns as to the soundness and fairness of the protest procedure in the procurement ordinance.
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Requested by: E. Brandon Gaskins, Deputy Chief Counsel
January 21, 2009
Opinion concerning conflicts with other law enforcement agencies as to who has authority and/or command at various crime and traffic accident scenes.
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Requested by: Chris Guy, Chief of Police, Wellford Police Department
January 22, 2009
Opinion questioning, S.C. Code Ann. § 16-9-320 and various situations in which an individual could be charged with resisting arrest.
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Requested by: Michael D. Owens, Investigator/General Counsel, Pickens County Sheriff’s Office
January 23, 2009
Opinion concerning the application of South Carolina statutes and regulation concerning the licensing of truck driving training schools.
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Requested by: The Honorable André Bauer, Lieutenant Governor
January 23, 2009
Opinion questioning whether the State Law Enforcement Division and the State Department of Public Safety are cabinet positions or function as stand-alone agencies.
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Requested by: The Honorable John M. Knotts, Jr., Member, SC Senate
February 2, 2009
Opinion regarding South Carolina Illegal Immigration Reform Act and its impact on First Steps to School Readiness (“First Steps”) and its local parterships.
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Requested by: Susan DeVenny, Executive Director, South Carolina First Steps
February 2, 2009
Opinion regarding “Allendale County Council wanting to appoint an individual to the Allendale County Aeronautics and Development Commission who is currently a member of the Denmark Technical College Board.
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Requested by: Walter H. Sanders, Jr., Esquire
February 5, 2009
Opinion questioning whether the Williamston Rescue Squad would qualify as a “claimant agency” for purposes of S.C. Code Ann. § 12-56-10 et seq., this State’s Setoff Debt Collection Act (“the Act”), based upon its being considered a “quasi-governmental entity”.
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Requested by: The Honorable Michael Honorable W. Gambrell, Member, House of Representatives
February 6, 2009
Opinion as to “whether, pursuant to S.C. Code Ann. § 1-3-240,the Governor has the authority to Setoff Debt Collection Act (“the Act”), based upon its being considered a “quasi-governmental entity”.
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Requested by: The Honorable Kenneth A. BinghamHonorable , Majority Leader, House of Representatives
February 9, 2009
follow up opinion to a February 6 2009 opinion, to clarify one point which was not made clear.
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Requested by: The Honorable Kenneth A. BinghamHonorable , Majority Leader, House of Representatives
February 17, 2009
Opinion clarifying the laws governing trespass in this State as they relate to public library buildings, including the State Library.
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Requested by: Mr. David S. GobleHonorable , Director, South Carolina State Library
February 17, 2009
Opinion concerning your concurrent service as Mayor and as operations manager for the Town.
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Requested by: The Honorable Jackie T. HolmanHonorable , Mayor, Town of Blackville
February 17, 2009
Opinion concerning “whether or not the granting of a utility easement by the county over real property which it owns should be authorized by ordinance or by resolution”.
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Requested by: Marvin C. Jones, Esquire
February 17, 2009
Opinion concerning “whether there is a provision of law that would preclude a county appointed member of the Oconee County Arts and Historical Commission from also being appointed to the Oconee County Board of South Carolina Department of Disabilities and Special Needs by the Oconee County Delegation of the General Assembly”.
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Requested by: The Honorable Bill Sandifer, Member, House of Representatives
February 17, 2009
Opinion concerning whether it is unauthorized practice of law for a licensed real estate agent in this State to complete a contract for the sale of real estate by filling in the names of the parties in the transaction.
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Requested by: The Honorable James E. Smith, Member, House of RepresentativesHonorable
February 17, 2009
Opinion concerning appeals of decisions made by Six Mile’s Zoning Administrator.
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Requested by: The Honorable John Wade, Mayor, Town of Six Mile
February 20, 2009
Opinion questioning proper penalty and jurisdiction for the offense of a titled owner operating or allowing appeals of decisions made by Six Mile’s Zoning Administrator.
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Requested by: The Honorable C. Ryan Johnson, Magistrate, Greenwood County
February 20, 2009
Opinion concerning whether additional infrastructure improvements must be owned by the State or a political subdivision due to discrepancies between sections 12-21-6520 and 12-21-6590 of the South Carolina Code for the use of sales tax revenues.
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Requested by: Chad Prosser, Director, SC Department of Parks, Recreation & Tourism
February 26, 2009
Opinion concerning section 12-37-670(A) of the South Carolina Code.
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Requested by: David W. Epperson, Esquire
February 26, 2009
Opinion regarding the authority of a municipal police officer to act outside his jurisdiction.
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Requested by: Michael D. Martin, Chief of Police, Timmonsville Police Department
February 26, 2009
Opinion concerning “whether a single member limited liability company can qualify for the 4% legal residence assessment ration for property tax purposes”.
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Requested by: The Honorable James E. Smith, Jr., Member, House of Representatives
March 2, 2009
Opinion regarding circumstances in which commissioned law enforcement officers who are also employed by and are members of the fire department that originally responded to a fire remains at the fire scene to conduct an origin and cause investigation.
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Requested by: Jeff Allen, Fire Marshal, Irmo Fire District
March 2, 2009
Opinion questioning the compensation for certain certified instructors at the Whitten Center.
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Requested by: The Honorable John Courson, Chairman, Senate Education Committee
March 2, 2009
Opinion regarding the ability of the Beaufort County School District to establish an annual school calendar for teachers, staff, and students which goes beyond the statutory school term of 190 days.
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Requested by: Fred S. Washington, Jr., Chairman of the Board of Education, Beaufort County School District; and Valerie P. TruesdaleHonorable , Ph.D., Superintendent, Beaufort County School District
March 4, 2009
Opinion responding a request that we re-evaluate or reconsider an opinion issued to Lieutenant Governor Andre Bauer on January 23, 2009.
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Requested by: Marcia S. Adams, Director, South Carolina Department of Motor Vehicles
March 4, 2009
Opinion regarding dual office holding. Specifically, whether a Union City Councilman has the ability to get a state constable’s commission as a retired police officer.
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Requested by: The Honorable Robert Garner, Member, Union City Council
March 5, 2009
Opinion concerning the regulation of carrying concealed weapons in a county park.
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Requested by: The Honorable William R. Whitmire, Member, House of Representatives
March 9, 2009
Opinion whether a individual can be charged with the offense of an open container, a violation of S.C. Code Ann. § 61-4-110, where he is parked in a parking lot that is not posted as being under police jurisdiction.
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Requested by: James A. Preacher, Chief of Police, Ehrhardt Police Department
March 9, 2009
Opinion whether a blanket bond can be provided for deputy sheriffs.
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Requested by: Jan K. Watts, Sr., Director of Risk Management/Safety Officer, Beaufort County Council
March 16, 2009
Opinion regarding the impact whether of the decision of the Fourth Circuit Court of Appeals in Vander Linden v. Hodges, 193 F.3d 268 (4th Cir. 1999).
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Requested by: The Honorable Harold Mitchell, Member, House of Representatives
March 20, 2009
Opinion questioning whether a particular solicitation campaign associated with a charitable organization meets the consideration element of a lottery under South Carolina law.
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Requested by: The Honorable Mark Hammond, Secretary of State, State of South Carolina
March 31, 2009
Opinion concerning the American Recovery and Reinvestment Act of 2009 (ARRA), commonly known as the federal “stimulus” legislation. Specifically, whether state legislature can accept stimulus funding in the event a governor might decide not to accept those funds and whether acceptance, use and administration of those funds would require further action and participation by the governor and executive branch of state government or whether legislative action is sufficient to obtain funds even without and applications and certifications required elsewhere in the Act.
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Requested by: The Honorable Glenn F. McConnell, President Pro Tempore, SC Senate
April 1, 2009
Opinion regarding the City of Columbia’s use of the S.C. Code Ann. §§ 56-5-5810 et seq. to tag vehicles as abandoned when these vehicles are parked on the private property of citizens.
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Requested by: The Honorable Darrell Jackson, Member, SC Senate
April 1, 2009
Opinion regarding proposed legislation creating a Middle Court in the Fifth Judicial Circuit as to possible violation of equal protection.
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Requested by: The Honorable R. Keith Kelly, Member, House of Representatives
April 1, 2009
Opinion “whether it is permissible under the state law and regulations for one of our employees to simultaneously serve on the South Carolina Board of Examiners in Psychology within the State Agency of the South Carolina Department of Labor, Licensing and Regulation.”
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Requested by: John E. Batten, IV, General Counsel, S.C. Vocational Rehabilitation Department
April 1, 2009
Opinion regarding “the fire sprinkler tax credit against real property taxes and subsequently against state taxes under Act 357, Fire Suppression Act.”
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Requested by: Ray N. Stevens, Director, S.C. Department of Revenue
April 9, 2009
Opinion as to whether any “local government, city or county, under the existing South Carolina Code can levy a sales tax.”
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Requested by: The Honorable Dick Elliott, Member, SC Senate
April 21, 2009
Opinion concerning a mayor pro tempore’s service as pursuant to section 5-7-190 of the South Carolina Code.
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Requested by: R. Allen Young, Esquire
April 23, 2009
Opinion regarding a case involving Magistrate William Gilner.
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Requested by: David B. King, Chief of Police, Town of Honea Path
April 23, 2009
Opinion as to “whether the Vander Linden case requires ‘weighed voting’ regarding the votes of the Dorchester County Legislative Delegation to recommend to the Governor an appointment to the Dorchester County Water Authority.”
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Requested by: The Honorable Michael T. Rose, Member, SC Senate
April 29, 2009
Opinion questioning whether Charleston Branch Pilot’s Associations (“Pilots”) vessels are considered to be law enforcement vessels of the State of South Carolina.
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Requested by: David M. Hay, Commissioners of Pilotage, Lower Coastal Area
April 30, 2009
Opinion regarding the right as a Senator “to represent my 46,000 constituents which live in Horry County by being allowed to have a weighted vote for appointing members to the Grand Strand Water and Sewer Authority.”
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Requested by: The Honorable Raymond E. Cleary, III, Member, SC Senate
April 30, 2009
Opinion questioning whether or not the practices of “adjustment” and “manipulation” as performed by a licensed physical therapist, is the practice of medicine pursuant to the South Carolina Physical Therapy Practice Act.
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Requested by: The Honorable James H. Harrison, Member, House of Representatives
May 1, 2009
Opinion regarding Lexington County requiring the Commission for the Blind to return a percentage of the profits realized by a blind manager from sales from the commissary at the Lexington County Sheriff’s Department.
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Requested by: Barbara L. Skinner, Business Enterprise Director, South Carolina Commission for the Blind
May 6, 2009
Opinion regarding Sheriff McCaskill, without the consent of the governing body of the County, “take over the operation of the Detention Center”, upon the authority of Section 24-5-10, when the Sheriff’s predecessor in office, upon approval of the Kershaw County Council, devolved “all of his powers and duties relating to the custody of the county jail and the appointment of the jailer on the governing body” of Kershaw County as provided in Section 24-5-12?
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Requested by: J. Kennedy Dubose, Jr., Esquire
May 6, 2009
Opinion questioning whether a Class 3 officer has “full police custodial arrest powers and would the arrest be legal?
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Requested by: James A. Preacher, Jr., Chief of Police, Town of Ehrhardt
May 8, 2009
Opinion regarding whether it is lawful for an ordinance amending Section 2-24(c) of the Code of Ordinance of the City of Florence to be passed assigning the function of serving as the presiding officer at city council meetings to a council member other than the mayor or is such action precluded by Title 5 of the South Carolina Code of Laws or some other state law?
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Requested by: The Honorable Steve Powers, Member, Florence City Council
May 8, 2009
Opinion regarding the requirement of a sheriff to provide courtroom security for the court of general sessions. And if security could be contracted to a private security company….or other options outside of sworn deputy sheriffs.
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Requested by: The Honorable P.J. Tanner, Sheriff, Beaufort County
May 12, 2009
Opinion as to “the impact of the Uniform Electronic Transaction Act of 2004 on county registration and election offices accepting voter registrations applications for absentee ballots via facsimile or email.” And if this satisfies requirements in section 7-5-155(d) of the South Carolina Code.
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Requested by: Marci Andino, Executive Director, South Carolina Election Commission
May 14, 2009
Opinion questioning whether holding a position on the Charleston County Board of Assessment Appeals (the “Board”) and a position on the Provider of Workforce Housing Committee (the “Committee”) for the Town of Mount Pleasant (the “Town”) violates the prohibition on dual office holding contained in the South Carolina Constitution.
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Requested by: Ben Bryson
May 14, 2009
Opinion concerning the consistency of Senate Bill 319, “regarding parental custody/legal guardianship as it applies to placing children of military families in public schools.”
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Requested by: The Honorable Phil P. Leventis, Member, SC Senate
May 20, 2009
Opinion regarding the law enforcement authority of the Town of Campobello as to the areas of I-26.
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Requested by: The Honorable Glenn G. Reese, Member, SC Senate
June 4, 2009
Opinion questioning the legality of providing credits and monetary incentives for organ donations.
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Requested by: The Honorable Ralph Anderson, Member, SC Senate
June 4, 2009
Opinion questioning whether an individual may be appointed to the Anderson County Election Commission if that individual already serves on the Iva Fire Department Board of Directors.
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Requested by: The Honorable Michael W. Gambrell, Member, House of Representatives
June 4, 2009
Opinion questioning the eligibility of Dr. Thomas Rowland to continue to represent District 2 on the Board of Trustees of the Medical University of South Carolina. .
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Requested by: Joseph C. Good, Jr., General Counsel, Medical University of South Carolina
June 4, 2009
Opinion questioning whether “law enforcement has the new responsibility of including this ‘new fifth right’ when Mirandizing a person being arrested, and should such a case be dismissed in the absence of this...(claimed right)?”
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Requested by: Jeffrey B. Moore, Executive Director, South Carolina Sheriff’s Association
June 5, 2009
Opinion regarding the legality of door prizes for charity functions.
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Requested by: The Honorable Bill Herbkersman, Member, House of Representatives
June 5, 2009
Opinion concerning “the issue of dual office holding by a member of McBee Town Council and the Chesterfield County Economic Development Board.”
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Requested by: C. Heath Ruffner, Esquire
June 9, 2009
Opinion questioning if “the opinion of the Attorney General’s Office changed or may a public school district board of trustees with a board policy that permits amendments of its agenda by majority vote of its members still properly amend its agenda at the beginning of a meeting pursuant to such policy without violating FOIA?”
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Requested by: Kenneth E. Darr, Esquire
June 10, 2009
Opinion regarding S. 796, a local legislation bill filed by Senator Coleman, directing that the Fairfield County Treasurer transfer funds from Fairfield County to Chester County in order to defray the cost of educating Fairfield County students being educated in Chester County Schools.
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Requested by: The Honorable H. Boyd Brown, Member, House of Representatives
June 10, 2009
Opinion questioning whether a person who resides in the same county as the sitting at-large member of the State Commission of the Department of Transportation would be eligible for election as a district commissioner.
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Requested by: Linda McDonald, Chief Counsel, South Carolina Department of Transportation
June 10, 2009
Opinion questioning whether is it lawful to require parking stickers for parking at selected parks and recreation sites, and charging all nonresidents a fee of $150.00 for an annual parking sticker while residents of the City are not required to pay anything for the same parking privilege.
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Requested by: Captain David Nelson, Tega Cay Police Department
June 12, 2009
Opinion concerning the constitutionality of two provisos contained in the Appropriations Act recently enacted by the General Assembly.
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Requested by: The Honorable Thomas C. Davis, Member, SC Senate
June 12, 2009
Opinion as to the validity of Williamsburg County Ordinance No. 2000-02, as amended by Ordinance No. 2005-002 (the “Ordinance”). The Ordinance “ (a) it conflicts with the Emergency Medical Services Act of South Carolina (EMS Act) (Section 44-61-10 et seq.); (b) it is unreasonable restraint on trade; and (c) it violates a Medicare patient’s basic freedom of choice.”
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Requested by: The Honorable Vida O. Miller, Member, House of Representatives
June 12, 2009
Opinion concerning the legal residency of an individual owning property in Dorchester County for purposes of receiving the preferential four-percent assessment ratio and homestead exemption.
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Requested by: The Wayne R. Welch, Dorchester County Assessor
June 17, 2009
Opinion addressing what authority the Office of Licensure and Compliance (the “Office”), within the Department of Labor Licensing and Regulation (“LLR”), has with regard to “the issuance of licenses, registrations, and permits…”
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Requested by: Davis Hook, Jr., RPH, Chairman, South Carolina Board of Pharmacy
June 17, 2009
Opinion questioning whether there was a conflict of interest due to a member of the Dorchester County Board of Elections and Registration, taking a “leave of absence” for approximately ten months in 2008 to help his wife campaign for reelection as Dorchester County Treasurer and then resume his duties as a member of the Board where his wife was on the ballot as a candidate.
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Requested by: The Honorable Michael T. Rose, Member, SC Senate
June 23, 2009
Opinion addressing the policies of procedures of the Cherokee County Animal Shelter being in compliance with the Humane Society of Cherokee County.
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Requested by: The Honorable David Hogue, Mayor, Town of Blacksburg
June 23, 2009
Opinion questioning whether it is a violation of the dual office holding provisions of the State Constitution for an individual who is a member of the Moncks Corner Rural Volunteer Fire Department to also serve as an officer of the Moncks Corner Rural Fire Commission.
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Requested by: John B. Williams, Esquire
July 7, 2009
Opinion as to whether recent legislation allowing a particular school district to levy an impact fee circumvents state law.
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Requested by: The Honorable Tracey R. Edge, Member, House of Representatives
July 7, 2009
Opinion “concerning the correct configuration of the Lane Town Limits for jurisdiction and ad valorem taxation purposes.”
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Requested by: The Honorable Charlie Fulton, Mayor, Town of Lane
July 7, 2009
Opinion concerning the status of the Housing Authority of the City of Spartanburg, S.C. (“the Authority”) as a public body.
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Requested by: The Honorable Harold Mitchell Jr., Member, House of Representatives
July 8, 2009
Opinion questioning the provisions of S.C. Code Ann. § 59-63-30 and the three hundred dollar requirement of Section 59-63-30.
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Requested by: The Honorable Shane Martin, Member, SC Senate
July 10, 2009
Opinion regarding the burial of the bodies of indigent individuals.
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Requested by: G. P. Callison, Jr., Esquire
July 10, 2009
Opinion questioning to what extent, if any, does the County remain involved or responsible if an agreement is made pursuant to Section 47-3-480(A)(2)?
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Requested by: Joseph L. Mathis, Esquire
July 10, 2009
Opinion questioning whether a Class III police officer can issue a summons if directed by their sheriff or chief of police while performing limited powers of arrest or special duties.
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Requested by: James A. Preacher, Jr., Chief of Police, Ehrhardt Police Department
July 13, 2009
Opinion questioning whether as Register of Deeds may legally accept credit cards as payment for recording fees and taxes.
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Requested by: The Honorable Timothy L. Nanney, Register of Deeds, County of Greenville
July 21, 2009
Opinion concerning the legality of a proposed ordinance requiring “a City council member duly elected and currently serving on City Council, to resign his position as Council member, such resignation effective upon such Council member’s filing to run for Mayor of the City.”
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Requested by: Grant Duffield, City Manager, City of Tega Cay
July 21, 2009
Opinion questioning whether serving simultaneously on the Charleston Area Regional Transportation Authority Board as well as the Joint Transportation Review Committee violates the constitutional provisions prohibiting dual office holding.
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Requested by: The Honorable Robert W. Harrell, Jr., Speaker of the House, House of Representatives
July 22, 2009
Opinion questioning whether municipal police officers who have no municipal court in which to prosecute their cases can bring such cases before any magistrate within their county even if the magistrate’s office does not lie within their municipal limits.
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Requested by: The Honorable Blake A. Norton, Chief Magistrate, Oconee County
July 22, 2009
Opinion questioning whether Anderson County may contractually require a contractor from entering into a services contract with the county covered by S.C. Code Ann. §8-14-20, a provision of this State’s Illegal Immigration Reform Act, Act No. 280 of 2008, to use the federal work authorization program (E-Verify Program) as the sole means of establishing compliance with that section.
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Requested by: Michael S. Pitts, Esquire
July 24, 2009
Opinion questioning whether “any conflict or violation of federal or state law” exists that would prohibit you “from continuing to serve in the House of Representatives while serving as a member on the State Farm Service Committee[.]”
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Requested by: The Honorable Jimmy C. Bales, Ed.D., Member, House of Representatives
July 24, 2009
Opinion regarding the impact of a part-time magistrate who was suspended but has had the suspension lifted as to the status of the remaining magistrates in Greenwood County.
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Requested by: The Honorable Bart S. McGuire, Chief Magistrate, Greenwood County
August 4, 2009
Opinion interpreting Act 388 as it pertains to two issues affecting the Anderson Districts 1 & 2 Career and Technology Center.
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Requested by: The Honorable Kevin L. Bryant, Member, SC Senate
August 4, 2009
Opinion addressing the legality of a proposed ordinance being considered by the City of Tega Cay.
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Requested by: Grant Duffield, City Manager, City of Tega Cay
August 10, 2009
Opinion questioning whether the Anderson County Sheriff’s Office can return a firearm to the individual who found the firearm after it has been determined that the firearm was not stolen and the person can legally possess the firearm.
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Requested by: Sergeant Tommy Clamp, Anderson County Sheriff’s Office
August 10, 2009
Opinion questioning whether you may serve as an assistant solicitor in the Seventh Circuit Solicitor’s Office and serve as a part-time city prosecutor.
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Requested by: Zachary D. Ellis, Assistant Solicitor, Seventh Judicial Circuit
August 10, 2009
Opinion questioning the arrest powers of security guards licensed in this State.
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Requested by: The Honorable John M. Knotts, Jr., Member, SC Senate
August 12, 2009
Opinion questioning whether newly enacted Act No. 36, the “Uniform Expungement of Criminal Records Act” applies to traffice offenses or offenses involving the operation of a motor vehicle.
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Requested by: The Honorable Glenn G. Reese, Member, SC Senate
August 12, 2009
Opinion questioning whether language added by Act No. 36 of 2009 requires summary court judges to expunge criminal records that arise out of cases involving Title 56, which deal with motor vehicle violations, and Title 50, which deal with Natural Resources or wildlife violations of the Code of Laws.
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Requested by: The Honorable Garry R. Smith, Member, House of Representatives
August 13, 2009
Opinion questioning the legality of accepting electronic recording prior to the completion of the promulgation process of the recently-enacted S.C. Code Ann. §30-6-10 et seq., the Uniform Real Property Electronic Recording Act.
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Requested by: The Honorable Timothy L. Nanney, Register of Deeds, County of Greenville
August 13, 2009
Opinion questioning whether the Chief of Police of the Town of Ehrhardt also serve as Mayor of Norway South Carolina.
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Requested by: The Honorable William C. Stanley, Mayor, Town of Ehrhardt
August 19, 2009
Opinion regarding “the permitted generation and use of bond premiums in matters of school district finance.”
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Requested by: The Honorable Don C. Bowen, Member, House of Representatives; and The Honorable W. Brian White, Member, House of Representatives
August 19, 2009
Opinion concerning the Second Injury Fund’s ability “to assess carriers for 2008 calendar year normalized premiums without regard to date of injury on and after July 1, 2008; or whether it is required to limit carrier assessments to normalized premiums for claims with date of injury prior to July 1, 2008.”
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Requested by: William E. Gunn, Interim Director, South Carolina Second Injury Fund
August 19, 2009
Opinion referencing S.C. Code Ann. concerning § 44-61-160 and regarding the breadth of the confidentiality of data collected which is related to the opinion of the emergency services system in Beaufort County.
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Requested by: Ladson F. Howell, Esquire
August 19, 2009
Opinion concerning “whether a Town Council member may serve as a poll manager or clerk without offending State law or constitutional prohibitions against dual office holding.”
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Requested by: Mary C. McCormac, Esquire
August 25, 2009
Opinion questioning whether you should continue to invoice the Department of Homeland Security as S.C. Code Ann. §23-3-1100 provides or discontinue this practice.
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Requested by: Philip A. Foot, Director, Detention Center, Beaufort County
August 25, 2009
Opinion questioning the proper court for disposal of handicapped parking violations under the new law as well as whether jurisdiction is affected by the type of ticket used to issue a citation for a violation of the handicapped parking provisions.
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Requested by: Rosalyn W. Frierson, Director, South Carolina Court Administration
August 25, 2009
Opinion questioning whether a “civil fine” imposed for a conviction for possession of drug paraphernalia pursuant to S.C. Code Ann. § 44-23-391 may constitute an “other conviction” for purposes of the expungement of a criminal record pursuant to S.C. Code Ann. § 22-5-910(B).
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Requested by: Todd Hagins, General Counsel, South Carolina Law Enforcement Division
August 25, 2009
Opinion referencing S.C. Code Ann. § 23-23-20. Specifically, is “the training facility” wherever I or the Law Enforcement Training Council deem it to be for particular classes, whether at the Academy building in Columbia, or in another building in the field.
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Requested by: Hubert F. Harrell, Director, South Carolina Criminal Justice Academy
August 25, 2009
Opinion concerning “the appropriate term that a gubernatorial appointee should serve in filling a recent vacancy in the Clerk of Court’s Office here in Beaufort County.”
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Requested by: Ladson F. Howell, Esquire
August 25, 2009
Opinion regarding the Municipal Association’s Setoff Debt Collection Program pursuant to this State’s Setoff Debt Collection Act, S.C. Code Ann. §§ 12-56-10 et seq.
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Requested by: John B. Williams, Esquire
August 27, 2009
Opinion concerning vehicle registration and legal residence tax status.
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Requested by: The Honorable Dennis Carroll Moss, Member, House of Representatives
August 27, 2009
Follow-up to an opinion issued on April 21, 2009, concerning a mayor pro tempore’s service as mayor.
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Requested by: R. Allen Young, Esquire
September 1, 2009
Opinion questioning whether the Georgetown Police Department has original jurisdiction to engage in law enforcement activities on the navigable waters around the City of Georgetown.
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Requested by: Paul Gardner, Chief of Police, Georgetown Police Department
September 1, 2009
Opinion concerning dual office holding. Specifically, asking whether an individual may serve simultaneously as a State constable and a part-time county magistrate.
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Requested by: The Honorable Shane Martin, Member, SC Senate
September 1, 2009
Opinion regarding a constituents’ children attending public school outside the district where they reside. The family’s home is in School District One but the children, who own property in their own names in District Two, attend school in District Two.
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Requested by: The Honorable Glenn G. Reese, Member, SC Senate
September 10, 2009
Opinion regarding Anderson County’s authority to establish and fund an animal shelter for the purposes of impounding, caring for, adopting and euthanizing animals other than dogs and cats.
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Requested by: Michael S. Pitts, Esquire
September 10, 2009
Opinion questioning whether the State Commission for the Blind is required to receive the first option of placing vending machines on county-owned property where the county does not issue permits for such machines.
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Requested by: Michael S. Pitts, Esquire
September 10, 2009
Opinion questioning whether a municipality may constitutionally impose a jail sentence of up to thirty days imprisonment for a violation of a drug paraphernalia ordinance even though state law only imposes a civil fine for such a violation.
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Requested by: R. Brent Thompkins, Esquire
September 14, 2009
Opinion questioning regarding the impact joint resolution recently passed by the Legislature on previous legislation enabling Cherokee County School District 1 to issue bonds to fund specified improvements.
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Requested by: The Honorable Dennis Carroll Moss, Member, House of Representatives
September 17, 2009
Opinion regarding the annexation of a subdivision by the City of Spartanburg, using section 5-3-150 of the South Carolina Code.
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Requested by: The Honorable Lee Bright, Member, SC Senate
September 24, 2009
Opinion regarding S.C. Code Ann § 12-43-224 and the expiration of the time period set forth by the assessor under this section.
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Requested by: David W. Epperson, Esquire
September 25, 2009
Opinion as to the ability of the City of North Charleston to lease office space to its City Attorney.
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Requested by: The Honorable R. Keith Summey, Mayor, City of North Charleston
September 28, 2009
Opinion questioning whether a licensed pawnbroker, who also holds a supervised lender license, may make a supervised loan in the same location that he operates his pawnbroker business.
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Requested by: The Honorable Kevin L. Bryant, Member, SC Senate
September 29, 2009
Opinion regarding the application of the determination of a previous opinion dated April 29, 2009. Specifically, whether vessels are state public vessels for purposes of liability arising from maritime tort claims and whether pilots are State employees for purposes of the State Tort Claims Act.
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Requested by: Charles L. Green, Deputy Assistant General Counsel for Enforcement and Litigation, United States Department of Commerce
October 6, 2009
Opinion “as to the oversight and accountability of a certain local tax levy that we have in” the City of Union.
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Requested by: William E. Whitney, Esquire
October 7, 2009
Opinion as to the interpretation of section 56-15-60(B) of the South Carolina Code. Specifically, determining when the twelve-month period in which automobile manufacturers may conduct audits for sales, incentives, service incentives, rebates, or other forms of incentives commences.
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Requested by: The Honorable Joan Brady, Member, House of Representatives
October 7, 2009
Opinion concerning the operation of the Town of Six Mile’s Volunteer Fire Department.
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Requested by: The Honorable John Wade, Mayor, Town of Six Mile
October 9, 2009
Opinion questioning whether summary court judges and their staff, who are required by law to notify victims of hearings, would be required to be certified as “victim service providers.”
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Requested by: Rosalyn W. Frierson, Director, South Carolina Court Administration
October 9, 2009
Opinion questioning whether membership on the Sumter County Development Board constitutes an office for purposes of the dual office holding provisions of the State Constitution.
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Requested by: The Honorable G. Murrell Smith, Member, House of Representatives
October 14, 2009
Opinion concerning “the apparent conflicting statutory provisions applicable to the [Broad Creek Public Service District] set forth in Sections 6-1-320 and 6-11-271 of the South Carolina Code of Laws, as amended.”
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Requested by: Marshall N. Katz, Chairman, Broad Creek Public Services District
October 27, 2009
Opinion concerning the millage levied in Richland County for the benefit of Richland School District Two. Specifically, whether Richland County Council has “the legal authority to set a millage rate that exceeds the millage cap….”
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Requested by: The Honorable Paul Brawley, Richland County Auditor; Larry C. Smith, Esquire; and Melinda Anderson, Chair, Richland School District Two Board of Trustees
October 29, 2009
Opinion concerning dual office holding. Specifically, a Town Council member, who is also Mayor Pro-Tem and serves as president of a member owned private telephone cooperative.
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Requested by: The Honorable Ralph E.G. Patterson Sr., Mayor, Town of Due West, S.C.
November 4, 2009
Opinion referencing proposed changes to the State uniform traffic ticket and requesting approval.
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Requested by: Mark A. Keel, Director, South Carolina Department of Public Safety
November 12, 2009
Opinion concerning the South Carolina Budget and Control Board’s “decision to implement a surcharge for tobacco users insured by the State’s Employee Insurance Program.”
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Requested by: The Honorable John M. “Jake” Knotts, Jr., Member, SC Senate
November 12, 2009
Opinion as to whether one-percent money can be used by local fire departments to fund participant directed 401(a) or 457 retirement plans.
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Requested by: The Honorable David L. Thomas, Member, SC Senate
December 2, 2009
Opinion concerning what a person or entity has the authority “to impose sanctions for misbehavior and poor performance in office by the veterans’ affairs officer.”
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Requested by: Jonathan W. Bryan, Esquire
December 11, 2009
Opinion questioning whether it would constitute a dual office holding violation for an individual to simultaneously serve as Executive Director of the South Carolina Education Lottery and as a Chairperson of the Centers of Economic Excellence Review Board.
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Requested by: The Honorable H. Boyd Brown, Member, House of Representatives
December 15, 2009
Opinion questioning whether the Fourteenth Judicial Circuit Public Defender is required to provide indigent defense services to defendants charged with misdemeanors tried in the Hilton Head Municipal Court.
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Requested by: Brian E. Hulbert, Esquire
December 15, 2009
Opinion regarding the management and distribution of Victims Compensation funds and the phrase “technical assistance”.
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Requested by: Rebecca C. Patrick, Chairwoman, South Carolina Crime Victims Advisory Board
December 15, 2009
Opinion questioning the legality of a School Board enacting a policy that prohibits concealed weapon permit holders from entering or parking on school property with a weapon locked securely in the trunk or glove box of their vehicle.
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Requested by: The Honorable Thad Viers, Member, House of Representatives
December 16, 2009
Opinion concerning a personnel policy adopted by Charleston County restricting Charleston County employees ability to seek elected office.
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Requested by: The Honorable Joe Danning, Member, House of Representatives
December 21, 2009
Opinion concerning section 48-23-260 of the South Carolina Code. Specifically, what is meant by “general school purposes?”
Read full opinion Requested by: Marvin C. Jones, Esquire
December 21, 2009
Opinion “regarding the commissioners of New Ellenton Commission of Public Works (NECPW)”.Specifically, “the validity of the position of the current commissioners of the NECPW.”
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December 21, 2009
Opinion addressing whether or not section 38-71-280 of the South Carolina Code mandates that insurers provide coverage for autism spectrum disorder to South Carolina residents when they issue policies to the residents’ employers located outside of South Carolina.
Read full opinion Requested by: The Honorable David l. Thomas, Member, SC Senate and Gwendolyn Fuller McGriff, Esquire