59 opinions issued in 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. Read Full Opinion
Dec 21, 2023
Back to Opinions Archive DEC 21, 2023 Requested by: Requested by Ms. Constance Holloway, Director, South Carolina Department of Disabilities and Special Needs. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P…
Opinion addressing the applicability of a municipal nepotism policy. Read Full Opinion
Dec 21, 2023
Back to Opinions Archive DEC 21, 2023 Requested by: Requested by Mr. Howard Garland, Town Administrator, Town of Jefferson. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 O…
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. Read Full Opinion
Dec 13, 2023
Back to Opinions Archive DEC 13, 2023 Requested by: Requested by The Honorable William J. Baird, Captain, Clover Police Department. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C.…
Opinion addressing several questions concerning authority over an elected official, a clerk of court's salary, and expenditures of Title IV funds. Read Full Opinion
Dec 5, 2023
Back to Opinions Archive DEC 05, 2023 Requested by: Requested by The Honorable Sharon W. Staggers, Williamsburg County Clerk of Court. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S…
Opinion addressing the authority given to public safety officers commissioned and appointed to protect public service districts. Read Full Opinion
Dec 4, 2023
Back to Opinions Archive DEC 04, 2023 Requested by: Requested by Andrew Parchuk, Lake Warden, Startex-Jackson-Wellford-Duncan Water District. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Colu…
Opinion addressing issues related to funding a potential county police department as authorized under S.C. Code Section 4-9-33. Read Full Opinion
Dec 1, 2023
Back to Opinions Archive DEC 01, 2023 Requested by: Requested by The Honorable Matthew Connelly, Chairman, Allendale County Council. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C…
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. Read Full Opinion
Nov 17, 2023
Back to Opinions Archive NOV 17, 2023 Requested by: Requested by Lieutenant Sean M. Bailey, York Police Department. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 Office Ad…
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. Read Full Opinion
Nov 8, 2023
Back to Opinions Archive NOV 08, 2023 Requested by: Requested by Dr. Jerome Singleton, Commissioner, South Carolina High School League. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, …
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. Read Full Opinion
Nov 7, 2023
Back to Opinions Archive NOV 07, 2023 Requested by: Requested by M. Amanda Shuler, Esquire, Attorney for Williamsburg County. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211…
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. Read Full Opinion
Oct 31, 2023
Back to Opinions Archive OCT 31, 2023 Requested by: Requested by Virginia Merck-Dupont Esq., County Attorney for Lancaster County. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. …
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. Read Full Opinion
Oct 26, 2023
Back to Opinions Archive OCT 26, 2023 Requested by: Requested by E. Brandon Gaskins, Esq., General Counsel for the Berkeley County School District. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 1154…
Opinion addressing issues related to civil enforcement of restitution, criminal fines, surcharges, assessments, costs, and fines. Read Full Opinion
Oct 16, 2023
Back to Opinions Archive OCT 16, 2023 Requested by: Requested by The Honorable Renee N. Elvis, Clerk of Court, Horry County. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 …
Opinion addressing the expenditure of local accommodation tax revenues for the development of workforce housing. Read Full Opinion
Oct 16, 2023
Back to Opinions Archive OCT 16, 2023 Requested by: Requested by Curtis Coltrane, Esq., Attorney for the Town of Hilton Head Island. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C…
Opinion on whether the Charleston County House delegation has authority to respond to or receive testimony on actions taken by the school district. Read Full Opinion
Oct 12, 2023
Back to Opinions Archive OCT 12, 2023 Requested by: Requested by Alice F. Paylor, Esquire, Attorney for the Charleston County School District. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Col…
Opinion regarding fire protection fees for tax exempt properties provided under Section 12-37-235 of the South Carolina Code of Laws. Read Full Opinion
Oct 9, 2023
Back to Opinions Archive OCT 09, 2023 Requested by: Requested by Robert C. Childs, III, Esquire, Attorney for the City of Travelers Rest. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia…
Opinion on whether the Charleston County School District complied with FOIA requirements during its September 25, 2023 meeting. Read Full Opinion
Oct 9, 2023
Back to Opinions Archive OCT 09, 2023 Requested by: Requested by The Honorable Marvin R. Pendarvis, Member, South Carolina House of Representatives. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 115…
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. Read Full Opinion
Oct 3, 2023
Back to Opinions Archive OCT 03, 2023 Requested by: Requested by Pamela J. Williams, Chief Public Affairs Officer and General Counsel, Santee Cooper. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11…
Opinion regarding the proper interpretation by the Department of Revenue's own Regulation 7-403. Read Full Opinion
Oct 2, 2023
Back to Opinions Archive OCT 02, 2023 Requested by: Requested by The Honorable G. Murrell Smith, Jr., Speaker of the House, South Carolina House of Representatives. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wil…
Opinion addressing the use of body-worn cameras in medical facilities. Read Full Opinion
Sep 29, 2023
Back to Opinions Archive SEP 29, 2023 Requested by: Requested by Derk Van Raalte, Esquire, Attorney for the City of North Charleston. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.…
Opinion addressing whether a member of the Palmetto College Board of Visitors holds an office. Read Full Opinion
Sep 21, 2023
Back to Opinions Archive SEP 21, 2023 Requested by: Requested by The Honorable Brandon Newton, Member, South Carolina House of Representatives. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Co…
Opinion addressing the enforcement and validity of a municipal ordinance regulating nuisances. Read Full Opinion
Sep 19, 2023
Back to Opinions Archive SEP 19, 2023 Requested by: Requested by The Honorable Leon D. "Doug" Gilliam, Member, South Carolina House Representatives. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 115…
Opinion on the legality of the Small, Disadvantaged, Minority Business Program currently implemented by the City of North Charleston. Read Full Opinion
Sep 18, 2023
Back to Opinions Archive SEP 18, 2023 Requested by: Requested by The Honorable Marvin R. Pendarvis, Member, South Carolina House of Representatives. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 115…
Opinion addressing whether a municipality is authorized to compensate a councilmember for services rendered prior to qualification and being sworn into office. Read Full Opinion
Sep 12, 2023
Back to Opinions Archive SEP 12, 2023 Requested by: Requested by Mr. Danny C. Crowe, Esquire, Attorney for the City of Sumter. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 2921…
Opinion addressing who may enforce Section 44-96-170(H) pertaining to waste tires and whether this provision imposes a criminal or civil penalty. Read Full Opinion
Sep 8, 2023
Back to Opinions Archive SEP 08, 2023 Requested by: Requested by Sarah Lyles, Executive Director, PalmettoPride. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 Office Addre…
Opinion addressing whether a county may purchase real property by resolution or ordinance. Read Full Opinion
Sep 8, 2023
Back to Opinions Archive SEP 08, 2023 Requested by: Requested by Brian Hulbert, Deputy County Attorney, Beaufort County. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 Offi…
Opinion addressing appointments, vacancies and quorum requirements for county boards of voter registration and elections. Read Full Opinion
Aug 30, 2023
Back to Opinions Archive AUG 30, 2023 Requested by: Requested by Howard M. Knapp, Executive Director, South Carolina Election Commission. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia…
Opinion addressing a coroner's discretionary authority to spend funds allocated under S.C. Code Section 17-5-140(B). Read Full Opinion
Aug 25, 2023
Back to Opinions Archive AUG 25, 2023 Requested by: Requested by The Honorable Chris Hill, Fairfield County Coroner. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 Office A…
Opinion addressing a sewer district's ability to levy a uniform tax where not all of its residents receive sewer service. Read Full Opinion
Aug 14, 2023
Back to Opinions Archive AUG 14, 2023 Requested by: Requested by The Honorable Sharon H. West, Auditor, Spartanburg County. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 O…
Opinion on the interpretation of a provision of Act 38 of 2023. Read Full Opinion
Aug 11, 2023
Back to Opinions Archive AUG 11, 2023 Requested by: Requested by The Honorable G. Murrell Smith, Jr., Speaker of the South Carolina House of Representatives. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O…
Opinion addressing the application of Myrtle Beach's business license tax to Turo, Inc. and its Hosts. Read Full Opinion
Jul 26, 2023
Back to Opinions Archive JUL 26, 2023 Requested by: Requested by The Honorable Cody T. Mitchell, Member, South Carolina House of Representatives. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 …
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.. Read Full Opinion
Jul 26, 2023
Back to Opinions Archive JUL 26, 2023 Requested by: Requested by Mr. Bryan P. Stirling, Director, South Carolina Department of Corrections. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columb…
Opinion addressing whether a project violates the prohibition on using public funds for the primary benefit of private parties. Read Full Opinion
Jul 5, 2023
Back to Opinions Archive JUL 05, 2023 Requested by: Requested by Mr. G. Waring Parker, Esquire, Attorney for the Town of Summerville. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.…
Opinion addressing the legality of a contract entered into by a school district. Read Full Opinion
Jun 30, 2023
Back to Opinions Archive JUN 30, 2023 Requested by: Requested by The Honorable Jay Kilmartin, Member, South Carolina House of Representatives. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Col…
Opinion addressing which entities are authorized to approve lease-purchase agreements for the use of school property. Read Full Opinion
Jun 27, 2023
Back to Opinions Archive JUN 27, 2023 Requested by: Requested by The Honorable Cody T. Mitchell, Member, South Carolina House of Representatives. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 …
Opinion on the directors and bylaws of the Teal's Mill Rural Volunteer Fire Department, Inc., a nonprofit corporation. Read Full Opinion
Jun 19, 2023
Back to Opinions Archive JUN 19, 2023 Requested by: Requested by The Honorable Richard Yow, Member, South Carolina House of Representatives. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Colum…
Opinion addressing multiple documents titled for a public meeting of the Charleston County School Board. Read Full Opinion
Jun 15, 2023
Back to Opinions Archive JUN 15, 2023 Requested by: Requested by The Honorable Matthew W. Leber, Member, South Carolina House of Representatives. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 …
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. Read Full Opinion
Jun 14, 2023
Back to Opinions Archive JUN 14, 2023 Requested by: Requested by Mr. Howard Knapp, Executive Director, South Carolina Election Commission. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbi…
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. Read Full Opinion
Jun 13, 2023
Back to Opinions Archive JUN 13, 2023 Requested by: Requested by The Honorable Harvey Peeler Jr., Member, South Carolina Senate. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29…
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. Read Full Opinion
Jun 8, 2023
Back to Opinions Archive JUN 08, 2023 Requested by: Requested by Chief John Milby, Furman University Police Department. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 Offic…
Opinion addressing proposed rules of conduct for public meetings and how a public body may enforce those rules. Read Full Opinion
Jun 5, 2023
Back to Opinions Archive JUN 05, 2023 Requested by: Requested by Terry A. Finger, Esquire, Attorney for the Town of Bluffton. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211…
Opinion on dual office holding (serve as county administrator and town administrator). Read Full Opinion
Jun 2, 2023
Back to Opinions Archive JUN 02, 2023 Requested by: Requested by Walter H. Sanders, Jr., Esq., Attorney for Allendale County. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211…
Opinion addressing a sheriff's office's ability to obtain data collected by an emergency medical services department. Read Full Opinion
May 25, 2023
Back to Opinions Archive MAY 25, 2023 Requested by: Requested by Daniel Gourley, General Counsel, Beaufort County Sheriff's Office. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C.…
Opinion addressing the use of noise cameras to enforce a municipal noise ordinance. Read Full Opinion
May 16, 2023
Back to Opinions Archive MAY 16, 2023 Requested by: Requested by Scott Elliott, Esquire, Town Attorney, Town of Arcadia. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 Offi…
Opinion concerning a county's authority over magistrates' salaries. Read Full Opinion
May 9, 2023
Back to Opinions Archive MAY 09, 2023 Requested by: Requested by The Honorable Michael Gambrell and The Honorable Billy Garrett, Members, South Carolina Senate. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson …
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. Read Full Opinion
May 3, 2023
Back to Opinions Archive MAY 03, 2023 Requested by: Requested by Chris Watts, Chief, City of Rock Hill Police Department. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 Off…
Opinion addressing whether members of a Capital Project Sales Tax commission are office holders under the South Carolina Constitution. Read Full Opinion
May 1, 2023
Back to Opinions Archive MAY 01, 2023 Requested by: Requested by The Honorable Stephen Goldfinch, Member, South Carolina Senate. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29…
Opinion addressing campus police officer jurisdiction over property formerly operated for an education purpose and still owned by the respective institution. Read Full Opinion
Apr 27, 2023
Back to Opinions Archive APR 27, 2023 Requested by: Requested by Chief John Milby, Furman University Police Department. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 Offic…
Opinion regarding the validity of Jasper County ordinances in relation to the creation, authority, and appointment of the Jasper County Aeronautics Commission. Read Full Opinion
Apr 13, 2023
Back to Opinions Archive APR 13, 2023 Requested by: Requested by David Tedder Esq., Attorney for Jasper County. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 Office Addres…
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. Read Full Opinion
Apr 13, 2023
Back to Opinions Archive APR 13, 2023 Requested by: Requested by Gary Bunker, Chairman, Aiken County Council. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 29211 Office Address …
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. Read Full Opinion
Apr 6, 2023
Back to Opinions Archive APR 06, 2023 Requested by: Requested by William J. Condon, Jr., Esq., Deputy General Counsel, South Carolina Treasurer's Office. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Bo…