2010 Opinions
January
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January 11, 2010
Opinion interpreting section 34-39-175 of the South Carolina Code. Specifically, “should outstanding deferred presentment loans be captured in the initial implementation of the common database or would such action be an improper retroactive application of the new statute?”
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Requested by: The Honorable Converse A. Chellis, III, CPA, Treasurer, State of South Carolina
January 11, 2010
Opinion as to “whether a guarantee proposed to be provided by the South Carolina Public Service Authority (“Santee Cooper”) to the United States Department of Agriculture’s Rural Utilities Service (“RUS”) on behalf of Orangeburg County Biomass LLC violates Art. 10, § 11 of the South Carolina Constitution.”
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Requested by: The Honorable James H. Harrison, Member, House of Representatives
January 11, 2010
Opinion as to whether a restriction on the use of county funds for public works to municipalities in the county with populations under 5000 persons is constitutionally permissible.
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Requested by: Bonum S. Wilson, III, Esquire
January 11, 2010
Opinion regarding a dispute between a nonprofit organization recognized as a charitable trust in this State, STARR, and a particular individual.
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Requested by: The Honorable Nikki Randhawa Haley, Member, House of Representatives
January 12, 2010
Opinion questioning whether the Commission would be in violation of Section 42-19-40 if you provide the Single Commissioner Hearing Roster and a listing of pending cases to be set for hearing, if the Commission is satisfied of the parties’ interest in such records and of the right to inspect them.
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Requested by: Gary M. Cannon, Executive Director, SC Workers’ Compensation Commission
January 14, 2010
Opinion questioning four things, if a fire inspector can complete and sign, as the affiant, a criminal search warrant? Is there an administrative search warrant and who issues the type warrant? If there is an administrative search warrant, can a fire inspector complete and sign this type of search warrant as the affiant? And may a fire inspector serve an administrative search warrant?
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Requested by: Randy S. Thompson, Fire Marshal, Department of Fire Safety, York County
January 20, 2010
Opinion asking for clarification on the duties which may be assigned to a town administrator in a town with a council form of government.
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Requested by: The Honorable K. Allen Deaton, Mayor, Surfside Beach
January 20, 2010
Opinion questioning whether the serving spouse of a disabled veteran is entitled to a property tax exemption on his or her vehicle if he or she currently holds a special license plate pursuant to section 56-3-1110 of the South Carolina Code.
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Requested by: Judy C. McWaters, Chester County Office of Veteran Affairs
January 27, 2010
Opinion questioning whether an individual whose law enforcement experience is limited to serving as a reserve police officer pursuant to S.C. Code Ann. §§ 23-28-10 et seq. would qualify as a “certified law enforcement officer” for purposes of being qualified to be elected sheriff.
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Requested by: The Honorable V. Stephen Moss, Member, House of Representatives
January 28, 2010
Opinion regarding the constitutionality of your city’s ordinance concerning loitering.
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Requested by: Chief S.W. White, City of Union, Public Safety Department
February 1, 2010
Opinion questioning whether a private security guard has jurisdiction to direct traffic on a public roadway.
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Requested by: Jamie P. Ham, Chief of Police, Blacksburg Police Department
February 3, 2010
Opinion questioning as to “whether or not Richland County can enforce its zoning regulations related to forestry activities on forestland.”
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Requested by: Amelia R. Linder, Esquire
February 16, 2010
Opinion questioning whether an Act such as Act No. 155 of 2007, defines the lines of Sumter County School Districts 2 and 17 for tax, attendance and election purposes.
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Requested by: The Honorable Phil P. Leventis, Member, SC Senate
February 18, 2010
Opinion questioning whether Mr. Dameion Thames qualifies pursuant to S.C. Code Ann. § 23-31-600 to receive an identification card as a “qualified retired law enforcement officer” in order to carry a concealed weapon.
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Requested by: The Honorable David L. Thomas, Member, SC Senate
February 24, 2010
Opinion on whether Richland County has the authority to require a development site review on all of Richland County School District Two’s facilities and to also assess a per square foot fee for this review.
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Requested by: Stephen W. Hefner, Ed.D., Superintendent, Richland School District Two; and Larry C. Smith, Esquire
February 24, 2010
Opinion concerning the constitutionality of section 12-37-670 of the South Carolina Code (Supp. 2009).
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Requested by: R. Brent Thompkins, Esquire