Opinions Archive -

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.鈥�

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

Jul 31, 2024

Opinion on 鈥渢he ability of the South Carolina State Ports Authority (鈥淧orts Authority鈥�) 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鈥檚 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.

Jun 17, 2024

Opinion interpreting Section 38-53-170(e) pertaining to bond premium requirements considering the 2023 bond reform legislation.

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

Jun 04, 2024

Opinion addressing whether the Uptown Greenwood Local Development Corporation is a public body because it is supported in part by public funds.

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Requested by: Requested by James Graham Padgett, III, Attorney for the City of Greenwood.

May 31, 2024

Opinion addressing issues related to disclosure of public records specific to the South Carolina Criminal Justice Academy.

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

May 06, 2024

Opinion addressing whether a school district may make mid-year budget transfers without the approval of its board.

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Requested by: Requested by Ms. Rebecca Blackburn Hines, Board Chair, Board of Trustees, Lexington-Richland County School District Five.

May 01, 2024

Opinion addressing the confiscation provision under Sec. 16-23-50 of the South Carolina Code (2015 and Act No. 111, 2024 S.C. Acts __) when the confiscated handgun constitutes stolen property.

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Requested by: Requested by Veronica Kunz, Crime Victim Ombudsman, Department of Crime Victim Ombudsman.

Apr 30, 2024

Opinion addressing issues related to maintenance and improvements to privately owned dirt roads, or, alternatively, public dedication of such roads into a county road system.

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

Apr 17, 2024

Opinion on whether a lottery ticket delivery service may operate legally in South Carolina.

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Requested by: Requested by The Honorable Christopher J. Murphy, Member, South Carolina House of Representatives.

Apr 15, 2024

Opinion addressing whether a specific statutory requirement to hold office as a probate judge in S.C. Code Section 14-23-1040 is enforceable.

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Requested by: Requested by The Honorable Brenda S. Griffith, Probate Judge, Saluda County.

Mar 29, 2024

Opinion addressing a county council's authority over a sheriff and his or her deputies and enforcement of public comment guidelines at public county council meetings.

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Requested by: Requested by The Honorable Lee Boan, Sheriff, Kershaw County.

Mar 29, 2024

Opinion addressing whether state employee payroll deductions of the cost of a wellness plan are authorized under S.C. Code Section 8-11-80.

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Requested by: Requested by The Honorable Bill Herbkersman, Member, South Carolina House of Representatives.

Mar 29, 2024

Opinion addressing whether charter school board members must meet the qualifications of an elector.

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Requested by: Requested by Mr. Chris Loewer, Board Director, Greenville Technical Charter High School.

Mar 25, 2024

Opinion addressing how to reconcile the requirements of Section 19 of the Veterans Auto and Education Improvement Act of 2022 (VAEIA) with South Carolina law governing professional and occupational licensing.

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

Mar 25, 2024

Opinion addressing the appointment and service of members on the South Carolina Commission on Higher Education pursuant to Section 59-103-10 of the South Carolina Code.

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Requested by: Requested by Thomas A. Limehouse, Jr., Chief Legal Counsel, Office of the Governor of South Carolina.

Mar 14, 2024

Opinion addressing annexation procedures under Sections 5-3-140 and 5-3-150(3) of the South Carolina Code (2004 and Supp. 2023).

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Requested by: Requested by Mr. Richard W. Anderson, Chester County Assessor.

Mar 13, 2024

Opinion addressing whether Clarendon County must seek legislation to reimpose the sales and use tax authorized by Act 355 of 2004.

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Requested by: Requested by William Johnson, Esq., Attorney for Clarendon County.

Mar 01, 2024

Opinion addressing the state driver's license requirement under Section 23-23-60(B)(5)(b) of the South Carolina Code.

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

Feb 26, 2024

Opinion addressing questions pertaining to ordinances proposed by electors.

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

Feb 15, 2024

Opinion addressing whether penalties arising out of school disciplinary proceedings under Section 59-63-210(A) constitute criminal punishments under the Double Jeopardy Clause.

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Requested by: Requested by Danielle Fields, Board Chair, Greenwood School District 50.

Feb 14, 2024

Opinion interpreting the amended definition of "likely to engage in acts of sexual violence" contained in the Sexually Violent Predator Act.

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Requested by: Requested by Elizabeth Hutto, Esq., General Counsel, South Carolina Department of Mental Health.

Jan 31, 2024

Opinion addressing the accessibility and regulation of service animals-in-training in public colleges and universities.

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Requested by: Requested by W.C. Hood, Jr., Esquire, General Counsel, Clemson University.

Jan 26, 2024

Opinion addressing whether S.C. Code Section 7-25-180 prohibits soliciting signatures for a petition drive within five hundred feet of a polling place.

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

Dec 21, 2023

Opinion addressing the applicability of a municipal nepotism policy.

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Requested by: Requested by Mr. Howard Garland, Town Administrator, Town of Jefferson.

Dec 21, 2023

Opinion addressing the requirement for background checks pursuant to Section 44-7-2910 of the South Carolina Code to the Department of Disabilities and Special Needs employees and contractors.

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Requested by: Requested by Ms. Constance Holloway, Director, South Carolina Department of Disabilities and Special Needs.

Dec 13, 2023

Opinion addressing the application of Section 56-5-765 of the South Carolina Code (2018) to traffic collisions involving an off-duty Department of Public Safety employee who was operating his or her personal vehicle.

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Requested by: Requested by The Honorable William J. Baird, Captain, Clover Police Department.

Dec 05, 2023

Opinion addressing several questions concerning authority over an elected official, a clerk of court's salary, and expenditures of Title IV funds.

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Requested by: Requested by The Honorable Sharon W. Staggers, Williamsburg County Clerk of Court.

Dec 04, 2023

Opinion addressing the authority given to public safety officers commissioned and appointed to protect public service districts.

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Requested by: Requested by Andrew Parchuk, Lake Warden, Startex-Jackson-Wellford-Duncan Water District.

Dec 01, 2023

Opinion addressing issues related to funding a potential county police department as authorized under S.C. Code Section 4-9-33.

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Requested by: Requested by The Honorable Matthew Connelly, Chairman, Allendale County Council.