45 opinions issued in 2024.
Opinion regarding the applicability of the South Carolina Consolidated Procurement Code, S.C. Code Ann. Sections 11-35-10 et seq. Read Full Opinion
Dec 23, 2024
Back to Opinions Archive DEC 23, 2024 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 Wils…
Opinion addressing whether a trespass notice can support elements of a charge of burglary in the third degree. Read Full Opinion
Dec 16, 2024
Back to Opinions Archive DEC 16, 2024 Requested by: Requested by Chief Lawrence Wiggins, Allendale 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 …
Opinion addressing the operation of a golf cart pursuant to Section 56-2-105 of the South Carolina Code on a municipal street and is also part of a primary highway under the state highway system. Read Full Opinion
Dec 16, 2024
Back to Opinions Archive DEC 16, 2024 Requested by: Requested by Christopher Mooney, Chief of Police, Town of Harleyville. 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 Of…
Opinion addressing a municipality’s ability to contract with a private entity to enforce municipal parking ordinances. Read Full Opinion
Nov 15, 2024
Back to Opinions Archive NOV 15, 2024 Requested by: The Honorable Larry K. Grooms, 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. 29211 Office Addre…
Opinion discussing the validity of a municipal disorderly conduct ordinance as applied to students engaged in fighting on school grounds. Read Full Opinion
Nov 7, 2024
Back to Opinions Archive NOV 07, 2024 Requested by: Kathy Harveston, Captain, 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 Office Address Remb…
Opinion addressing rates for inmate calling services and collection of a surcharge pursuant to Budget Proviso 65.25 under the 2024-2025 Appropriations Act. Read Full Opinion
Oct 24, 2024
Back to Opinions Archive OCT 24, 2024 Requested by: Requested by 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 Columbia, …
Opinion addressing the constitutionality of a county sponsoring a private dam owner's federal grant application under the HHPD program. Read Full Opinion
Oct 16, 2024
Back to Opinions Archive OCT 16, 2024 Requested by: Requested by David A. Root, Esq., Attorney for Oconee 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 Addr…
Opinion addressing the use of search warrant forms outside of those approved by the Attorney General. Read Full Opinion
Oct 14, 2024
Back to Opinions Archive OCT 14, 2024 Requested by: Requested by The Honorable Judge Matthew R. Mulholland, Ministerial Recorder, City of Greer. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 C…
Opinion addressing the application of the Infrastructure Maintenance Fee to trailers. Read Full Opinion
Oct 7, 2024
Back to Opinions Archive OCT 07, 2024 Requested by: Requested by Mr. Adam J. Neil, Deputy Director, Tax Policy Services, South Carolina Department of Revenue. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.…
Opinion addressing enforcement authority regarding a telephone cooperative's failure to follow corporate formalities. Read Full Opinion
Sep 24, 2024
Back to Opinions Archive SEP 24, 2024 Requested by: Requested by The Honorable Cody T. Mitchell, Richard L. Yow and Patricia Moore Henegan, Members, South Carolina House of Representatives. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Addre…
Opinion addressing issues related to Fiscal Year 2024-2025 Budget Proviso 1.49 and Budget Proviso 1.118. Read Full Opinion
Sep 20, 2024
Back to Opinions Archive SEP 20, 2024 Requested by: Requested by Dr. Jerome P. Singleton, Commissioner, S.C. 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, S.C. 29…
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. Read Full Opinion
Sep 16, 2024
Back to Opinions Archive SEP 16, 2024 Requested by: Requested by The Honorable G. Murrell Smith Jr., Speaker, 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 1…
Opinion regarding the registration, license and use of utility task vehicles (UTVs) in South Carolina. Read Full Opinion
Sep 12, 2024
Back to Opinions Archive SEP 12, 2024 Requested by: Requested by Major Jason Budreau, Greenwood 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 Add…
Opinion addressing eligibility requirements for trust fund recipients under the Working Farmland Protection Fund, S.C. Code, Section 48-59-150. Read Full Opinion
Sep 12, 2024
Back to Opinions Archive SEP 12, 2024 Requested by: Requested by Sterling M. Busbee, Esquire, on behalf of the South Carolina Conservation Bank. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 C…
Opinion addressing an elector's eligibility to vote in specific races after changing residence between a primary election and an ensuing runoff election. Read Full Opinion
Aug 23, 2024
Back to Opinions Archive AUG 23, 2024 Requested by: Requested by Mr. 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 Colu…
Opinion addressing a municipal elections commission's responsibility regarding voter records when the municipality adopts a redistricting map. Read Full Opinion
Aug 22, 2024
Back to Opinions Archive AUG 22, 2024 Requested by: Requested by The Honorable N. Daniel Gibson, 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 police jurisdiction at county detention centers. Read Full Opinion
Aug 22, 2024
Back to Opinions Archive AUG 22, 2024 Requested by: Requested by Captain Nick Gallum, Aiken 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. 29211 Office A…
Opinion addressing several questions regarding the Robert Smalls Monument Commission. Read Full Opinion
Aug 13, 2024
Back to Opinions Archive AUG 13, 2024 Requested by: Requested by David K. Avant, General Counsel, South Carolina Department of Administration. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Col…
Opinion addressing a municipalities acceptance of a proposed dedication of roads and its responsibilities in accepting the dedication. Read Full Opinion
Aug 1, 2024
Back to Opinions Archive AUG 01, 2024 Requested by: Requested by William H. Johnson, Esq., attorney for the Town of Santee. 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 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.” Read Full Opinion
Jul 31, 2024
Back to Opinions Archive JUL 31, 2024 Requested by: Requested by The Honorable Kambrell Garvin, 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 C…
Opinion on “the ability of the South Carolina State Ports Authority (“Ports Authority”) to dispose of certain real property after acquiring the property via its equivalent power to eminent domain." Read Full Opinion
Jul 31, 2024
Back to Opinions Archive JUL 31, 2024 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 Wils…
Opinion addressing proposed ordinance relating to requesting legal advice from a city attorney. Read Full Opinion
Jul 18, 2024
Back to Opinions Archive JUL 18, 2024 Requested by: Requested by Mr. Charlie Funderburk, City Manager, Tega Cay. 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 a county’s ability to fund road construction and maintenance by creating a special tax district. Read Full Opinion
Jul 16, 2024
Back to Opinions Archive JUL 16, 2024 Requested by: Requested by Mr. Gary Mixon, Sumter County Administrator. 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 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). Read Full Opinion
Jul 16, 2024
Back to Opinions Archive JUL 16, 2024 Requested by: Requested by Mr. Fred Castles, Executive Director of the Chester Metropolitan District. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columb…
Opinion addressing a board of education's ability to close a school by defunding the school through its annual budget process. Read Full Opinion
Jul 15, 2024
Back to Opinions Archive JUL 15, 2024 Requested by: Requested by The Honorable Ronnie A. Saab, 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. 29211…
Opinion interpreting Section 38-53-170(e) pertaining to bond premium requirements considering the 2023 bond reform legislation. Read Full Opinion
Jun 17, 2024
Back to Opinions Archive JUN 17, 2024 Requested by: Requested by The Honorable B. Lee Miller, Municipal Judge, City of Greenwood. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 2…
Opinion addressing whether the Uptown Greenwood Local Development Corporation is a public body because it is supported in part by public funds. Read Full Opinion
Jun 4, 2024
Back to Opinions Archive JUN 04, 2024 Requested by: Requested by James Graham Padgett, III, Attorney for the City of Greenwood. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia, S.C. 292…
Opinion addressing issues related to disclosure of public records specific to the South Carolina Criminal Justice Academy. Read Full Opinion
May 31, 2024
Back to Opinions Archive MAY 31, 2024 Requested by: Requested by Director Lewis J. Swindler Jr., South Carolina Criminal Justice Academy. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Columbia…
Opinion addressing whether a school district may make mid-year budget transfers without the approval of its board. Read Full Opinion
May 6, 2024
Back to Opinions Archive MAY 06, 2024 Requested by: Requested by Ms. Rebecca Blackburn Hines, Board Chair, Board of Trustees, Lexington-Richland County School District Five. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable…
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. Read Full Opinion
Apr 30, 2024
Back to Opinions Archive APR 30, 2024 Requested by: Requested by Mr. Gary M. Mixon, Administrator, Sumter 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 Addr…
Opinion on whether a lottery ticket delivery service may operate legally in South Carolina. Read Full Opinion
Apr 17, 2024
Back to Opinions Archive APR 17, 2024 Requested by: Requested by The Honorable Christopher J. Murphy, 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 1…
Opinion addressing whether a specific statutory requirement to hold office as a probate judge in S.C. Code Section 14-23-1040 is enforceable. Read Full Opinion
Apr 15, 2024
Back to Opinions Archive APR 15, 2024 Requested by: Requested by The Honorable Brenda S. Griffith, Probate Judge, Saluda 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. 29…
Opinion addressing whether state employee payroll deductions of the cost of a wellness plan are authorized under S.C. Code Section 8-11-80. Read Full Opinion
Mar 29, 2024
Back to Opinions Archive MAR 29, 2024 Requested by: Requested by The Honorable Bill Herbkersman, 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 a county council's authority over a sheriff and his or her deputies and enforcement of public comment guidelines at public county council meetings. Read Full Opinion
Mar 29, 2024
Back to Opinions Archive MAR 29, 2024 Requested by: Requested by The Honorable Lee Boan, Sheriff, Kershaw 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 Addr…
Opinion addressing whether charter school board members must meet the qualifications of an elector. Read Full Opinion
Mar 29, 2024
Back to Opinions Archive MAR 29, 2024 Requested by: Requested by Mr. Chris Loewer, Board Director, Greenville Technical Charter High School. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Colum…
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. Read Full Opinion
Mar 25, 2024
Back to Opinions Archive MAR 25, 2024 Requested by: Requested by Susan Boone, Esq., General Counsel and Deputy Director, South Carolina Department of Labor, Licensing and Regulation. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The …
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. Read Full Opinion
Mar 25, 2024
Back to Opinions Archive MAR 25, 2024 Requested by: Requested by Thomas A. Limehouse, Jr., Chief Legal Counsel, Office of the Governor of South Carolina. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Bo…
Opinion addressing annexation procedures under Sections 5-3-140 and 5-3-150(3) of the South Carolina Code (2004 and Supp. 2023). Read Full Opinion
Mar 14, 2024
Back to Opinions Archive MAR 14, 2024 Requested by: Requested by Mr. Richard W. Anderson, Chester County Assessor. 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 Add…
Opinion addressing whether Clarendon County must seek legislation to reimpose the sales and use tax authorized by Act 355 of 2004. Read Full Opinion
Mar 13, 2024
Back to Opinions Archive MAR 13, 2024 Requested by: Requested by William Johnson, Esq., Attorney for Clarendon 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…
Opinion addressing the state driver's license requirement under Section 23-23-60(B)(5)(b) of the South Carolina Code. Read Full Opinion
Mar 1, 2024
Back to Opinions Archive MAR 01, 2024 Requested by: Requested by Mr. Lewis J. Swindler, Jr., Director, South Carolina Criminal Justice Academy. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 11549 Co…
Opinion addressing questions pertaining to ordinances proposed by electors. Read Full Opinion
Feb 26, 2024
Back to Opinions Archive FEB 26, 2024 Requested by: The Honorable Daniel Gibson, 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 Columbia, S.C. 2…
Opinion addressing whether penalties arising out of school disciplinary proceedings under Section 59-63-210(A) constitute criminal punishments under the Double Jeopardy Clause. Read Full Opinion
Feb 15, 2024
Back to Opinions Archive FEB 15, 2024 Requested by: Requested by Danielle Fields, Board Chair, Greenwood School District 50. 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 interpreting the amended definition of "likely to engage in acts of sexual violence" contained in the Sexually Violent Predator Act. Read Full Opinion
Feb 14, 2024
Back to Opinions Archive FEB 14, 2024 Requested by: Requested by Elizabeth Hutto, Esq., General Counsel, South Carolina Department of Mental Health. Read Full Opinion Back to Opinions Archive facebook twitter linkedin youtube Mailing Address The Honorable Alan Wilson P.O. Box 115…
Opinion addressing the accessibility and regulation of service animals-in-training in public colleges and universities. Read Full Opinion
Jan 31, 2024
Back to Opinions Archive JAN 31, 2024 Requested by: Requested by W.C. Hood, Jr., Esquire, General Counsel, Clemson University. 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 whether S.C. Code Section 7-25-180 prohibits soliciting signatures for a petition drive within five hundred feet of a polling place. Read Full Opinion
Jan 26, 2024
Back to Opinions Archive JAN 26, 2024 Requested by: Requested by Howard Knap, 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, S.…