Archive for the ‘1973 Opinions’ Category

March 13, 2020

Opinion on whether any legislative action ratifying an amendment to the U.S. Constitution is submitted to the governor for his approval and/or possible veto and other questions.

 

Requested by John D. Feerick, Esquire, Skadden, Arps, Slate, Meagher & Flom, New York.

 

Read full opinion.

May 16, 1973

Opinion on whether a constitutional amendment is necessary to change the authority of Dr. Jacobs.

 

Requested by Mr. Hugh C. Lane Chairman of the Board The Citizens and Southern Corporation.

 

Read full opinion.

May 16, 1973

Opinion on whether Aiken County may establish a Countywide Public Service Authority without authorizing legislative enactment.

 

Requested by Mr. W.G. Lyman, Jr., Attorney for Aiken County.

 

Read full opinion.

May 16, 1973

Opinion on whether the election procedure for the changing of county boundary lines property lies within the provisions of Sections 14-101, et seq., and 14-151, et seq. exclusively.

 

Requested by Honorable Marshall Cain, Member, South Carolina House of Representatives.

 

Read full opinion.

May 15, 1973

Opinion on flashing lights on portable signs near roadways (Section 46-311, Code of Laws of South Carolina).

 

Requested by The Honorable W.T. Ivey, Director of Law Enforcement, City of Spartanburg.

 

Read full opinion.

May 15, 1973

Opinion on whether the Department of Corrections may, under existing legislation, authorize and implement conjugal visitation between inmates and their lawful spouses (Section 55-302, Code of Laws of South Carolina, (1962)).

 

Requested by Mr. William D. Leeke, Director, South Carolina Department of Corrections.

 

Read full opinion.

May 14, 1973

Opinion on whether or not the sinking fund of School District No. 5, inviolably pledged and appropriated to the payment of debt incurred by the school district, is a deductible item in making the determination as to whether or not a bond issue is within the constitutional debt limit.

 

Requested by The Honorable W.N. Clinkscales, Jr., Member, South Carolina House of Representatives.

 

Read full opinion.

May 14, 1973

Opinion on a whether a woman is required to change her maiden name upon marrying.

 

Requested by Mr. Gerald A. Kaynard, Esquire, Shimel, Ackerman, Theos, Spar and Kaynard.

 

Read full opinion.

May 14, 1973

Opinion on the constitutionality of a proposed bill to authorize the Board of Trustees of School District No. 5 of Anderson County to issue general obligation bonds (Article 10, Section of the South Carolina Constitution).

 

Requested by The Honorable Dr. W.B. Royster, Superintendent, Anderson School District No. 5.

 

Read full opinion.

May 11, 1973

Opinion on breathalyzer tests.

 

Requested by Officer Robert C. Land, West Columbia Police Department.

 

Read full opinion.

May 11, 1973

Opinion on whether the State has any legislation prohibiting investor-owned public utilities regulated by the Public Service Commission from using rates and charges received from the public for the purpose of lobbying.

 

Requested by The Honorable Henry R. Lord, Deputy Attorney General, State of Maryland.

 

Read full opinion.

May 10, 1973

Opinion on the validity of a proposed bill which would authorize the Board of Trustees of School District No. 5 of Anderson County to issue general obligation bonds (Article 10, Section of the South Carolina Constitution).

 

Requested by The Honorable W.N. Clinkscales, Jr., Member, South Carolina House of Representatives.

 

Read full opinion.

May 10, 1973

Opinion on a proposed rule and regulation of the Auxiliary Fire Division.

 

Requested by Mr. Walter E. Newman, Director of Public Safety, City of North Augusta, South Carolina.

 

Read full opinion.

May 9, 1973

Opinion on the constitutional invalidity in a proposal which, if enacted, would amend the worthless check law so as to prohibit one from being civilly prosecuted in a common law action for malicious prosecution.

 

Requested by The Honorable Wheeler M. Tillman, Member, South Carolina House of Representatives.

 

Read full opinion.

May 8, 1973

Opinion on whether the presence of Bibles in rooms in the College infirmary and free distribution of them by the Gideons to students who wish to accept them comports with the concept of separation of church and state (First Amendment to the U.S. Constitution).

 

Requested by Dr. Charles S. Davis, President, Winthrop College.

 

Read full opinion.

May 8, 1973

Opinion on whether statutes of South Carolina grant reemployment benefits to veterans who have left State, County or Municipal Employment (Sections 50-151 through 50-157, Code of Laws of South Carolina, (1962)).

 

Requested by Mr. William D. Sexton, Area Administrator, U.S. Department of Labor.

 

Read full opinion.

May 8, 1973

Opinion on dual office holding (attorney for Williamsburg County and a state senator).

 

Requested by The Honorable LaNue Floyd, Member, South Carolina Senate.

 

Read full opinion.

May 8, 1973

Opinion on whether payments made to the patent policy of Clemson University may be violative of the provisions of the General Appropriations Act.

 

Requested by General A.W. Rigsby, Counsel, Clemson University.

 

Read full opinion.

May 8, 1973

Opinion on requirements to become a legal resident of the state.

 

Requested by Mr. Mike Johnson, Wofford College.

 

Read full opinion.

May 8, 1973

Opinion on whether or not it is legal to pay travel to an employee of the county government when the employee is furnished with vehicles, gas, oil and all repairs for his transportation.

 

Requested by The Honorable Ed McElveen, Jr., County Administrator, Lee County Council.

 

Read full opinion.

May 7, 1973

Opinion on whether the dismissal of the Executive Director of the South Carolina Commission for the Blind is entitled to a grievance hearing (Section 1-49.11 et seq, South Carolina Code of Laws).

 

Requested by Mr. Harry J. Haynsworth, Associate Professor of Law, Member, South Carolina Commission for the Blind.

 

Read full opinion.

May 7, 1973

Opinion on the legality of a proposed tax to be imposed by a legislative act in the Greenville Memorial Auditorium District.

 

Requested by A Senator, Senatorial District No. 2.

 

Read full opinion.

May 7, 1973

Opinion on whether there is a statutory requirement that State institutions of higher learning must accept any graduate from a South Carolina high school.

 

Requested by  Mr. R. Grann Lloyd, Chairman, Division of Studies in Economics and Business, University of North Florida.

 

Read full opinion.

May 7, 1973

Opinion on whether it is a violation of the master and servant provision if employees of the public school system in Florence County serve on the Florence County Board of Education.

 

Requested by The Honorable D.C. Poston, Superintendent of Education for Florence County.

 

Read full opinion.

May 7, 1973

Opinion on the definition of the word “acknowledgement” as used in “Acknowledged paternity.

 

Requested by Mrs. Josephine A. Cannon, ACSW, Executive Director, The Children’s Bureau of South Carolina.

 

Read full opinion.

May 7, 1973

Opinion on the validity of the notes issues by the State Board of Education (Section 21-459, Code of Laws of South Carolina, as amended).

 

Requested by H.C. Cuarles, Director, Office of Textbooks, S. C. Dept. of Education.

 

Read full opinion.

May 4, 1973

Opinion on the Governor’s proposed Executive Order certifying the Division of Administration and its authority to receive planning assistance funds from the Secretary of the Department of Health, Education and Welfare.

 

Requested by Mr. Robert A. Johnson, Division of Administration, Office of the Governor.

 

Read full opinion.

May 3, 1973

Opinion on the validity of a proposed statute by the General Assembly regarding magistrates (Article 3, Section 34 of the State Constitution).

 

Requested by The Honorable Walter T. Lake, Newberry.

 

Read full opinion.

May 3, 1973

Opinion on the proposed habitual traffic offender legislation.

 

Requested by The Honorable James M. Waddell, Jr., Member, South Carolina Senate.

 

Read full opinion.

May 3, 1973

Opinion on substitution of charge on uniform traffic tickets.

 

Requested by The Honorable Marion L. Powell, Recorder, Aiken Municipal Court.

 

Read full opinion.

May 3, 1973

Opinion on whether or not a school district in this State may deduct from a school teacher’s salary an amount equal to the number of school days lost by the teacher as a result of the teacher having undergone training in the National Guard.

 

Requested by The Honorable Walter J. Bristow Jr., Member, South Carolina Senate.

 

Read full opinion.

May 2, 1973

Opinion on the constitutionality of Senate Bill 374.

 

Requested by The Honorable Senator, District No. 16, Charleston.

 

Read full opinion.

May 2, 1973

Opinion on the constitutionality of Senate Bill 313.

 

Requested by The Honorable James P. Harrelson, Member, South Carolina Senate.

 

Read full opinion.

May 2, 1973

Opinion on whether the road tax can be collected for the current year (Sections 33-1191 through 33-1194, Code of Laws of South Carolina).

 

Requested by The County Auditor, McCormick County.

 

Read full opinion.

May 1, 1973

Opinion on the legality of employment of a relative of the school trustee (Section 21-810, Code of Laws of South Carolina).

 

Requested by William L. Thompson, Esquire, Anderson.

 

Read full opinion.

May 1, 1973

Opinion on whether the Greenville County Council has the authority to increase the millage for the several county facilities.

 

Requested by E.P. Riley, Esquire, Attorney for Greenville County.

 

Read full opinion.

May 1, 1973

Opinion on whether payment of a fine constitutes satisfaction of a sentence and ends  the matter.

 

Requested by The Honorable Frank Powell, Sheriff, Columbia.

 

Read full opinion.

 

April 30, 1973

Opinion on penalties for violation of prostitution (Section 16-409, Code of Laws of South Carolina 1962).

 

Requested by Mr. Gene Elliott, Chief Criminal Investigator, Darlington County Sheriff’s Office.

 

Read full opinion.

April 30, 1973

Opinion on whether an individual hired for purposes of controlling traffic on his employer’s property and place of business is entitled to carry a pistol during the course of his employment (Section 16-129, Code of Laws of South Carolina).

 

Requested by The Honorable L.W. Griffin, Chief of Police, Sumter.

 

Read full opinion.

April 30, 1973

Opinion on whether a school board can offer a 60 working day conditional contract to a teacher rather than the normal 180 working day contract.

 

Requested by Mr. H. William Mitchell, Superintendent, Dillon School District No. 2.

 

Read full opinion.

April 27, 1973

Opinion on the constitutionality of a proposed bill to amend Act No. 893 of 1970 (crime of possession of a firearm during the commission of certain offenses).

 

Requested by The Honorable Dewey Wise, Member, South Carolina Senate.

 

Read full opinion.

 

April 27, 1973

Opinion on the validity of Section 5-611 et seq., Code of Laws of South Carolina 1962.

 

Requested by D. Glenn Yarborough, Lancaster.

 

Read full opinion.

April 27, 1973

Opinion on the conflict of interest policy.

 

Requested by The Honorable J. Palmer Gaillard, Jr., Mayor, City of Charleston.

 

Read full opinion.

April 27, 1973

Opinion on surety bonds.

 

Requested by The Honorable Joe A. Dickey, Orangeburg County Coroner.

 

Read full opinion.

April 26, 1973

Opinion on whether a county treasurer can withhold the issuance of a 406 Form from an applicant who has not paid city taxes on a motor vehicle.

 

Requested by The Treasurer, Dillon County.

 

Read full opinion.

April 25, 1973

Opinion on whether or not the county council possesses the power to make appropriations and levy taxes without legislative approval.

 

Requested by The Dorchester County Attorney.

 

Read full opinion.

April 25, 1973

Opinion on whether Section 4 of H-1161 can be removed from the bill without constitutionally impairing the same.

 

Requested by Mr. Joseph F. Runey, Research Assistant, Labor Commerce and Industry Committee.

 

Read full opinion.

April 25, 1973

Opinion on whether a defendant can be released and placed on probation after partial service of his/her sentence, less any credit for good behavior (Section 55-8, Code of Laws of South Carolina (1962)).

 

Requested by The Honorable Robert C. Lake, Jr., Member, South Carolina Senate.

 

Read full opinion.

April 24, 1973

Opinion on whether or not admission of a young person who may be a minor to the membership of a board or committee which enters into legal contracts?

 

Requested by Mr. Charles R. Beard, Principal Clerk, General Synod.

 

Read full opinion.

April 24, 1973

Opinion on dual office holding (Director of Charleston County Parks, Recreation and

Tourist Commission serve a trustee of a Constituent School District of Charleston County).

 

Requested by Mr. William B. Todd, Administrative Assistant, Charleston County School District.

 

Read full opinion.

April 23, 1973

Opinion on the procedure to dedicate certain roads on Hilton Head Island into the State Highway System.

 

Requested by C. Scott Graber, Esquire, Attorney for Beaufort County.

 

Read full opinion.

April 23, 1973

Opinion on whether a state agency may legally reimburse certain subsistence expenses incurred by one of its employees.

 

Requested by William C. Lucius, Legal Advisor, South Carolina Department of Corrections.

 

Read full opinion.

April 20, 1973

Opinion on whether an individual sentenced under the Youthful Offender Act may be transferred to a county jail to complete the service of his sentence (Sections 55–391–55–400.6, Code of Laws of South Carolina (1962), as amended).

 

Requested by The Director, South Carolina Department of Corrections.

 

Read full opinion.

April 20, 1973

Opinion on the authority of a county or municipality to provide group insurance for employees.

 

Requested by G.P. Callison, Attorney for Greenwood County.

 

Read full opinion.

April 20, 1973

Opinion on bad checks, parking tickets, traffic tickets.

 

Requested by The Honorable Kenneth E. Love, Magistrate, Columbia.

 

Read full opinion.

April 20, 1973

Opinion on whether the State’s claim and delivery statutes are unconstitutional (notice and hearing prior to seizure of property).

 

Requested by Mr. S.A. Harris, Administrative Assistant, Lancaster County Sheriff’s Department.

 

Read full opinion.

April 19, 1973

Opinion on whether South Carolina has title to Spoil Area Number 12 property (granted to the federal government) since it is situated above the mean high water mark.

 

Requested by Colonel Robert C. Nelson, District Engineer, Corps of Engineers.

 

Read full opinion.

April 19, 1973

Opinion on whether an individual may possess and consume alcoholic liquors in quantities other than mini bottles in separate and private areas of establishments where such areas have been leased by specific individuals for functions not open to the general public (Section 10(2)(C), Act. 1063, Acts of 1972)).

 

Requested by Clyde H. Turner, Esquire, Charleston.

 

Read full opinion.

April 19, 1973

Opinion on whether or not an individual may possess and consume alcoholic beverages in quantities other than sealed two ounce containers (Section 10, Act No. 1063, Acts of 1972).

 

Requested by The Honorable S.J. Pratt, Chairman, Alcoholic beverage Control Commission.

 

Read full opinion.

April 19, 1973

Opinion on the constitutionality of HR Bill No. 1494 (collection charges on unpaid checks to Dorchester County).

 

Requested by The Honorable John C. West, Governor, South Carolina.

 

Read full opinion.

April 18, 1973

Opinion on ratification of the Equal Rights Amendment.

 

Requested by The Honorable Carolyn E. Frederick, Member, South Carolina House of Representatives.

 

Read full opinion.

April 18, 1973

Opinion on amendment to Bill No. H-1508, Section 33, Item II.

 

Requested by The Honorable Joseph P. Kiley, Jr., Member, South Carolina House of Representatives.

 

Read full opinion.

April 17, 1973

Opinion on the compensation payable to members of the State College Board of Trustees.

 

Requested by Mr. Richard S. Wallace, Vice President for Administration, Francis Marion College.

 

Read full opinion.

April 17, 1973

Opinion on the applicable statutes for filling a vacancy for the Office of Sheriff (Section 53-56, Code of Laws of South Carolina).

 

Requested by The Honorable Walter T. Lake, Member, South Carolina House of Representatives.

 

Read full opinion.

April 16, 1973

Opinion on the exemption of certain property from county taxes.

 

Requested by The Charleston County Attorney.

 

Read full opinion.

April 16, 1973

Opinion on dual office holding  (employee of a school district in one county serving on the County Board of Education in another county).

 

Requested by The Honorable James M. Morris, Member, South Carolina Senate.

 

Read full opinion.

April 13, 1973

Opinion on written minutes of the board meeting (56 Am. Jr. 2d Municipal Corporations, Section 177).

 

Requested by The Honorable Russell C. Warren, Member, Colleton County Board of Administrators.

 

Read full opinion.

April 10, 1973

Opinion on suspension of driver’s license.

 

Requested by The Honorable R.L. Richardson, Mayor of Simpsonville.

 

Read full opinion.

April 10, 1973

Opinion on the interpretation of Sections 44-168 and 44-861, South Carolina Code of Laws as amended.

 

Requested by Mr. F.E. Ellis, State Director, Personnel Division.

 

Read full opinion.

April 9, 1973

Opinion on contributions for prior military service credits.

 

Requested by Mr. Purvis W. Collins, Director, South Carolina Retirement System.

 

Read full opinion.

April 9, 1973

Opinion on the proposed bill to divide present School District No. 5 into separate school districts.

 

Requested by Mr. W.C. Hawkins, District Superintendent, Lexington County School District No. 5.

 

Read full opinion.

April 6, 1973

Opinion on whether or not a clerk of the court may conduct a pre-seizure hearing

 

Requested by The Attorney for Sumter County.

 

Read full opinion.

April 6, 1973

Opinion on whether or not any provision of the State’s Controlled Substances Act is retroactive.

 

Requested by Mr. J. Dennis Bolt, Assistant to the Commissioner on Narcotics and Controlled Substances.

 

Read full opinion.

April 5, 1973

Opinion on the practice of engineering.

 

Requested by Mr. Arthur C. Gregg, Jr., Florence County Council.

 

Read full opinion.

April 5, 1973

Opinion on whether or not a licensed contractor must provide to the board a certified financial statement.

 

Requested by Mr. J. Thomas Whelchel, First National Bank Building, Brunswick, Georgia.

 

Read full opinion.

April 5, 1973

Opinion on adding a proviso to 1973 House Bill 1918 (amendment to Article XVII of the South Carolina Constitution).

 

Requested by The Honorable Harry A. Chapman, Jr., Member, South Carolina Senate.

 

Read full opinion.

April 5, 1973

Opinion on whether the Waterworks Commissioners for the City of City View may increase the water rate or add a sewer charge without authorization or approval from City Council.

 

Requested by The Honorable C. Victor Pyle, Jr., Member, South Carolina House of Representatives.

 

Read full opinion.

April 5, 1973

Opinion on statutory bid requirements on buildings.

 

Requested by Mr. L.P. Hamilton, State Auditors Office.

 

Read full opinion.

April 4, 1973

Opinion on whether or not taxes paid under protest cannot be apportioned and distributed or expended by the County Treasurer until the merits of the protest is resolved.

 

Requested by The Spartanburg County Attorney.

 

Read full opinion.

April 4, 1973

Opinion on driver licenses suspensions – procedure upon receipt of appeal or court order.

 

Requested by Mr. Emory P. Austin, Director, Motor Vehicle Division, State Highway Department.

 

Read full opinion.

April 4, 1973

Opinion on time period of when a notice of appeal may be served after a trial.

 

Requested by The Honorable Silas N. Pearman, Commissioner, State Highway Department.

 

Read full opinion.

April 4, 1973

Opinion on the existence of chain gangs within the State (Article 5, Section 33 of the State Constitution).

 

Requested by Mr. Robert Berger, Peoria, Illinois.

 

Read full opinion.

April 3, 1973

Opinion on teachers’ sick leave.

 

Requested by Ralph E. Watkins, Jr., District Superintendent, Newberry County Public Schools.

 

Read full opinion.

April 3, 1973

Opinion on arrest, legality affecting prosecution.

 

Requested by The Honorable Francis M. Prince, Magistrate, Anderson.

 

Read full opinion.

April 3, 1973

Opinion on whether the designation by statute of an agency of Berkeley County as a ‘body politic and corporate’ has the effect of rendering such agency or political subdivision subject to suit in tort.

 

Requested by The Berkeley County Attorney.

 

Read full opinion.

April 3, 1973

Opinion on the term residency requirements e as it relates to tuition at State institutions.

 

Requested by Mr. Ronald C. Scott, Office of Admissions, University of South Carolina.

 

Read full opinion.

April 3, 1973

Opinion on whether school officials responsible for the safety of students while they are under the jurisdiction of the school.

 

Requested by Dr. Claud E. Kitchens, Superintendent, Richland County School District One.

 

Read full opinion.

April 3, 1973

Opinion on a memorandum of suggested procedure for the enforcement of obscenity laws issued to Magistrates and Law Enforcement Officer.

 

Requested by Herman E. Cox, Esquire, McDonald, Cox & Stilwell, Greenville.

 

Read full opinion.

April 3, 1973

Opinion on whether the present law requires that eleemosynary corporations file returns with the South Carolina Tax Commission.

 

Requested by Dr. Wesley O. Brustad, Executive Director, South Carolina Arts Commission.

 

Read full opinion.

April 3, 1973

Opinion on the constitutionality of an act which proposes to vest in the State, its agencies, and subdivisions the authority to contract with the United States Government and to hold the U.S. Government safe and harmless against any damages suffered by or done to any property on which work is being performed for the State, its agencies or subdivisions by the U.S. Government.

 

Requested by The Honorable James Waddell, Member, South Carolina Senate.

 

Read full opinion.

April 3, 1973

Opinion on the observance of Black History Week in South Carolina.

 

Requested by Mr. J. McBride Crout, Superintendent, Batesburg-Leesville School System, Lexington County School District No. 3.

 

Read full opinion.

April 3, 1973

Opinion on the “good time law” (Section 55-8, Code of Laws of South Carolina (1962)).

 

Requested by Mr. Willie Hough, Sumter.

 

Read full opinion.

April 3, 1973

Opinion on provisions for legal services to teachers and other public school employees (Section 1-234, Code of Laws of South Carolina).

 

Requested by The Honorable Claud E. Kitchens, Richland County School District One.

 

Read full opinion.

April 3, 1973

Opinion on whether statutory authorization is necessary for Florence County to undertake the abolishment of its chain gang.

 

Requested by Mr. Phillip W. Arrowsmith, Esquire, Attorney for Florence County.

 

Read full opinion.

April 2, 1973

Opinion regarding the parental-control of a resident of one of the State’s mental retardation institutions, who is 21 years old, but who was admitted by his parents when he was a minor.

 

Requested by Dr. Charles D. Barnett, Commissioner, State Department of Mental Retardation.

 

Read full opinion.

April 2, 1973

Opinion on the powers of a mayor to employ and discharge.

 

Requested by William C. Coffey Jr., Esquire, Attorney for the Town of Manning.

 

Read full opinion.

April 2, 1973

Opinion on the doctrine of sovereign immunity.

 

Requested by Mr. Robert E. Wood, Director, Education Television Network.

 

Read full opinion.

April 2, 1973

Opinion on how far a person can go on the use of firearms when a house break in takes place while the occupant is at home.

 

Requested by Mr. Keith L. Cannon, Clinton.

 

Read full opinion.

April 2, 1973

Opinion on whether the Fairfield County Airport has the authority to condemn the power line right of way of an electric cooperative for purposes of construction an airport facility (Section 2-103.1 Code of Laws of South Carolina 1962).

 

Requested by Mr. Thomas B. Barrineau, Jr., Esquire, Winnsboro.

 

Read full opinion.

April 2, 1973

Opinion on dual office holding (teacher employed by one district and running for election for the position of district trustee in another school district).

 

Requested by Carl L. Holloway, Jr. Legal Affairs, S.C. Department of Education.

 

Read full opinion.

March 30, 1973

Opinion on property taxes.

 

Requested by The Director, License Tax Division.

 

Read full opinion.

March 30, 1973

Opinion on Implied Consent Breathalyzer (Sections 46-343 and -344).

 

Requested by Mr. Robert A. Milam, III, Instructor, South Carolina Criminal Justice Academy.

 

Read full opinion.

March 30, 1973

Opinion on funds for schools/textbooks.

 

Requested by Mr. H.C. Quarles, Director, Office of Textbooks, S.C. Dept. of Education.

 

Read full opinion.

March 30, 1973

Opinion on whether or not a proposed zoning plan must be submitted to electors for approval as a referendum.

 

Requested by Mr. H. Edward Smith, Esquire, Brown, Jefferies & Boulware, Barnwell.

 

Read full opinion.

March 30, 1973

Opinion on whether or not teachers should receive additional compensation as head of household.

 

Requested by The Honorable Dr. Walter Trammell, District Superintendent, Beaufort.

 

Read full opinion.

March 29, 1973

Opinion on breathalyzer tests – right to presence of counsel (Section 46-344 Cumulative Supplement).

 

Requested by The Honorable Andrew Shealy, Chief of Police, Newberry.

 

Read full opinion.

March 29, 1973

Opinion on whether or not a duly certified ordained minister of the Universal Life Church may validly perform marriage ceremonies in the State (Section 20-2 of the Code of Laws).

 

Requested by J. Lawrence Duffy, Jr., Esquire, Attorney at Law, Charleston.

 

Read full opinion.

March 29, 1973

Opinion on whether a divorce obtained in Haiti by one spouse while both were living in the State is legal.

 

Requested by No Address.

 

Read full opinion.

March 28, 1973

Opinion on whether a municipality may assess or charge interest for late payment of taxes in addition to the penalty provided for by Section 47–253 of the Code.

 

Requested by The Greenville City Attorney.

 

Read full opinion.

March 28, 1973

Opinion on whether or not any person can keep open or admit persons to any public dancing hall between midnight Saturday and midnight Sunday (Section 5-601 of the South Carolina Code of Laws).

 

Requested by The Honorable W.D. Thomas, Captain, York County Sheriff’s Department.

 

Read full opinion.

March 28, 1973

Opinion on paramedical examiners (Section 56-951(f), South Carolina Code of Laws, as amended).

 

Requested by Miss Ira Dean Lane, Executive Director, State Board of Nursing for South Carolina.

 

Read full opinion.

March 27, 1973

Opinion on what effect the ratification of Section 13, Article 8 would have upon Section 15 of Article 7 of the State Constitution.

 

Requested by The Honorable Richard W. Riley, Member, South Carolina Senate.

 

Read full opinion.

March 27, 1973

Opinion on whether or not the Department of Parks, Recreation and Tourism may allow private use of its sewage disposal facilities..

 

Requested by South Carolina Department of Parks, Recreation and Tourism.

 

Read full opinion.

March 27, 1973

Opinion on whether or not the South Carolina Budget and Control Board has the authority to sell the lands that formerly belonged to State Park Health Center.

 

Requested by Paul H. Infinger, General Counsel, Division of General Services.

 

Read full opinion.

March 26, 1973

Opinion on the validity of H. 1449 which provides for special furloughs for prisoners serving on the public works of Newberry County (Article 3, Section 34 (IX) South Carolina Constitution).

 

Requested by The Honorable John C. West, Governor.

 

Read full opinion.

March 26, 1973

Opinion on whether or not a county is liable for medical expenses for sick or injured persons during their incarceration in the county jail.

 

Requested by The County Attorney.

 

Read full opinion.

March 23, 1973

Opinion on whether or not a notary public may administer the oath of office.

 

Requested by Mr. Raeford D. Phillips, Lancaster.

 

Read full opinion.

March 22, 2020

Opinion on the effect of the 1973 Act bearing ratification No. 106.

 

Requested by Mr. Ralph A. Durham, Deputy Superintendent of Education.

 

Read full opinion.

March 20, 1973

Opinion on whether or not it would be constitutionally permissible for the General Assembly to pass an act which would make it illegal to show x-rated movies in Lancaster County (Article 3, Section 34 of the Constitution of South Carolina).

 

Requested by The Honorable Caldwell T. Hinson, Member, South Carolina House of Representatives.

 

Read full opinion.

March 20, 1973

Opinion on the legality of depositing refund checks to the bank account of a member who withdraws his contributions from the Retirement System without requiring the personal signature of the member by way of endorsement.

 

Requested by The Honorable Purvis W. Collins, South Carolina Retirement System.

 

Read full opinion.

March 19, 1973

Opinion on a proposed contract between the Coastal Plains Regional Commission and Air South, Inc.

 

Requested by Mr. Archie L. Todd, Acting Director, Office of Coastal Plains Affairs.

 

Read full opinion.

March 19, 1973

Opinion on dual office holding.

 

Requested by Mr. William L. Fant, Attorney at Law, Anderson.

 

Read full opinion.

March 16, 1973

Opinion on whether a deed which contains only an acknowledgement and does not contain an affidavit of the person executing the deed is legal.

 

Requested by The County Attorney.

 

Read full opinion.

March 16, 1973

Opinion on whether a municipality in South Carolina may extend its boundaries by including lands lying within an adjacent county.

 

Requested by The Honorable Mendel Davis, Member, U.S. House of Representatives.

 

Read full opinion.

March 16, 1973

Opinion on Miranda warnings, necessity for an investigatory state.

 

Requested by The Honorable Francis l. Prince, Magistrate, Anderson County.

 

Read full opinion.

March 16, 1973

Opinion on whether the use of pulsed diathermy by chiropractors and the employment of intersegmental traction are permitted under the South Carolina Chiropractic Act.

 

Requested by The Honorable Annette Young, Member, South Carolina Board of Chiropractic Examiners.

 

Read full opinion.

March 16, 1973

Opinion on whether there is a law that lowers the age of majority below the age of twenty-one in South Carolina.

 

Requested by W.L. Brinkley, Jr., Vice President for Student Affairs, The College of Charleston.

 

Read full opinion.

March 16, 1973

Opinion on whether the County Board of Education for Berkeley County has the authority to exercise the powers granted to school trustees generally by the provisions of Section 21-238, Code of Laws, 1962.

 

Requested by Mr. R. Markley Dennis, Attorney for Berkeley County.

 

Read full opinion.

March 16, 1973

Opinion on the residency status of foreign students for the purpose of paying tuition and fees.

 

Requested by Mr. James R. Michael, Assistant Commissioner and Supervisory Officer, S.C. Commission on Higher Education.

 

Read full opinion.

March 15, 1973

Opinion on whether or not the Santee-Wateree Regional Planning Council is required to participate in the South Carolina Retirement System (Section 61-37, Code of Laws of South Carolina (1962)).

 

Requested by Mr. G. Werber Bryan, Attorney for Sumter County.

 

Read full opinion.

March 15, 1973

Opinion on whether or not the State Parks, Recreation, and Tourism Commission possess the authority to dispose of real estate that once belonged to the South Carolina Tri-Centennial Commission.

 

Requested by The Honorable Bob Hickman, Executive Director, South Carolina Department of Parks, Recreation, and Tourism.

 

Read full opinion.

March 15, 1973

Opinion on whether a member of the South Carolina General Assembly has the right to enter upon and into Authority-owned lands and buildings.

 

Requested by Mr. Wallace S. Murphy, General Counsel, South Carolina Public Service Authority.

 

Read full opinion.

March 15, 1973

Opinion on whether or not Mid-County Water Company can prevent the Town of Winnsboro from extending its water lines into the territory which is described in Mid-County’s charter.

 

Requested by Mr. W.W. Lewis, President, Mid-County Water Company, Inc.

 

Read full opinion.

March 15, 1973

Opinion on the effect of Judge Hemphill’s order of February 23, 1973, in Civil Action 69-460, relating to the status of Hollywood School District No. 4 in Saluda County.

 

Requested by Mr. Carl L. Holloway, Jr., Office of Research, State Dept. of Education.

 

Read full opinion.

March 14, 1973

Opinion on the validity of Act No. 1870.

 

Requested by The Honorable Albert L. Kleckley, Member, South Carolina House of Representatives.

 

Read full opinion.

March 14, 1973

Opinion on whether there any constitutional objection to the enactment of legislation placing an innkeeper’s tax on all rooms rented within the Greenville Memorial Auditorium District in order to finance the enlargement of the Memorial Auditorium.

 

Requested by Mr. E.P. Riley, Attorney for Greenville County.

 

Read full opinion.

March 14, 1973

Opinion on whether there is any constitutional objection to the enactment of legislation placing an innkeepers tax on all rooms rented within the Greenville Memorial Auditorium District

 

Requested by The Greenville County Attorney.

 

Read full opinion.

March 14, 1973

Opinion on whether appointments to the office of magistrate for Jasper County may be made by the Governor in addition to those now provided for in Section 43-831 of the Code of Laws for 1962, as amended by Act No. 600.

 

Requested by The Honorable Albert L. Kleckley, Member, South Carolina House of Representatives.

 

Read full opinion.

March 13, 1973

Opinion on the constitutional validity of a proposed statute which allows good time credit for meritorious service for prisoners (Section 55-8, Code of Laws of South Carolina).

 

Requested by The Senator, District No. 16.

 

Read full opinion.

March 13, 1973

Opinion on whether or not a soil conservation district created under the ‘Soil Conservation Districts Law’ should file a South Carolina or a Federal income tax return (Chapter 2 of Title 63 of the 1962 Code of Laws).

 

Requested by The Executive Director, Land Resources Conservation Commission.

 

Read full opinion.

March 13, 1973

Opinion on whether the Jail Book, which records all prisoners in the jail and contains specific charges against them, is open to examination by the public (Section 1-20.1, Code of Laws of South Carolina, 1962, as amended).

 

Requested by The Honorable Colden R. Battey, Jr., Chairman, Beaufort County Council.

 

Read full opinion.

March 13, 1973

Opinion on whether a coroner has the right to be given copies of statements and other official reports in the possession of the police in homicide cases.

 

Requested by The Honorable Kenneth Chue, Coroner, Charleston.

 

Read full opinion.

March 13, 1973

Opinion on whether Act No. 441 (establish a dog pound) empowers the Dorchester County Council to hire enforcement personnel to give them the necessary authority to enforce the cited statute, or would the sheriff employ such personnel.

 

Requested by Mr. James A. Bell, Attorney for St. George County.

 

Read full opinion.

March 13, 1973

Opinion on a proposed maternity leave policy for Lexington County School District No. 1.

 

Requested by Mr. Paul T. Rawl, Superintendent, Lexington County School District No. 1.

 

Read full opinion.

March 13, 1973

Opinion on whether the Anderson County Health Building Committee is vested with power to enter into contracts and to make a binding determination of the site for the proposed Health Building.

 

Requested by The Honorable Patrick B. Harris, Member, South Carolina House of Representatives.Read full opinion.

March 12, 1973

Opinion on dual office holding (a guidance counselor for the Abbeville School District and serve on the Board of Trustees for the Greenwood School District No. 50, Section 21–240, Code of Laws of South Carolina).

 

Requested by The Greenwood County Attorney.

 

Read full opinion.

March 12, 1973

Opinion on whether the Jail Book of a city our county prison is open to examination by the public (Section 1-20.1, Code of Laws of South Carolina, 1962, as amended).

 

Requested by a Senator.

 

Read full opinion.

March 12, 1973

Opinion on municipal elections (Section 23-111(3), Code of Laws of South Carolina).

 

Requested by Mr. Brooks Huggins.

 

Read full opinion.

March 12, 1973

Opinion on the legal status of the Building Commission of the City and County of Florence.

 

Requested by Mr. Purvis W. Collins, Director, South Carolina Retirement System.

 

Read full opinion.

March 12, 1973

Opinion on the status of private security guards and the South Carolina Pistol Law under the provisions of Section 16-129 et seq. (1962 Code of Laws of South Carolina, as amended).

 

Requested by William P. Chrisanthis, Esquire, North Charleston.

 

Read full opinion.

March 12, 1973

Opinion on whether the Uniform Municipal Election Law has changed the terms for serving in office to four years for the Mayor and Councilmen in Jackson (See: § 47-311, Code of Laws of South Carolina and Section 47-57.11 through 47-57.17)

 

Requested by The Mayor and Town Councilmen, Jackson.

 

Read full opinion.

March 9, 1973

Opinion on the arrest powers of members of a municipal auxiliary police force.

 

Requested by D. Laurence McIntosh, Esquire, Attorney for City of Florence.

 

Read full opinion.

March 9, 1973

Opinion on whether Florence County is under a legal obligation to maintain a dirt road which runs from the termination of the pavement of a road some 400 or 500 feet to a house on the property.

 

Requested by Mr. Clyde Barnes, Florence County Manager.

 

Read full opinion.

March 9, 1973

Opinion on whether an employee of a State commission, who has been requested to resign, is entitled to a hearing under the State Employee Grievance Procedure Act.

 

Requested by Mrs. Onnie Barham, Board Member, South Carolina Commission for the Blind.

 

Read full opinion.

March 9, 1973

Opinion on the South Carolina Sunday Closing Laws (Section 64-2, South Carolina Code of Laws (1962), as amended).

 

Requested by The Honorable L. Edward Simmons, Chief of Police, Gaffney.

 

Read full opinion.

March 8, 1973

Opinion on a proposed amendment to Act No. 1527, 1972 Acts and Joint Resolutions of the General Assembly of the State of South Carolina.

 

Requested by A Senator, Georgetown County.

 

Read full opinion.

March 8, 1973

Opinion on whether the absentee voting provisions of Section 23.449.41 and 23.449.42 are applicable to municipal elections.

 

Requested by The Chairman, North Augusta Election Commission.

 

Read full opinion.

March 8, 1973

Opinion on brown bagging license for private clubs (Sections 4-29(A)(3) and 49-29(A)(2)(b), South Carolina Code of Laws.

 

Requested by The Honorable James M. Arthur, Member, South Carolina House of Representatives.

 

Read full opinion.

March 7, 1973

Opinion on whether or not a South Carolina corporation, or other recognized entity, may make loans to an individual for the purpose of financing lots and charge a seven percent add-on for such loans (Section 8-233, South Carolina Annotated (Supp. 1971)).

 

Requested by O. Wayne Corley, Esquire, Columbia.

 

Read full opinion.

March 7, 1973

Opinion on a proposed application to construct a state highway over marshlands adjacent to the Ashley River (Section 1-3572, Code of Laws of South Carolina, 1962, as amended).

 

Requested by The State Budget and Control Board.

 

Read full opinion.

March 7, 1973

Opinion on whether the Board of Trustees of Clemson University can give to the Clemson University Foundation the corpus received by them as testamentary trustees under Item 5 of the Will of William J. Latimer.

 

Requested by Dr. Robert C. Edwards, President, Clemson University.

 

Read full opinion.

March 7, 1973

Opinion on the legality of alcoholic liquors being shipped into South Carolina by wholesalers.

 

Requested by The Honorable Joe G. Shinn, Director, South Carolina Alcoholic Beverage Control Commission.

 

Read full opinion.

March 6, 1973

Opinion on 1972 Act No. 1268 in relation to 1969 Act No. 353 regarding the respective jurisdictions of various state colleges (Sections 2 and 8 of 1972 Act No. 1268).

 

Requested by Mr. James R. Michael, S.C. Commission on Higher Education.

 

Read full opinion.

March 6, 1973

Opinion on whether a form where shares of stock are given as collateral security for loans requires the tax imposed by Section 65-690, Code of Laws of South Carolina.

 

Requested by The Senior Vice President, The South Carolina National Bank.

 

Read full opinion.

March 6, 1973

Opinion on whether or not South Carolina has a law whereby bad debts may be garnished through the wages of an individual (Section 10-1731, South Carolina Code Ann. (1962)).

 

Requested by James C. Harrison, Jr., Assistant Attorney General.

 

Read full opinion.

March 6, 1973

Opinion on whether or not the community of Joanna can incorporate its existing community boundaries while leaving certain areas currently owned by textile plants unincorporated within the existing community boundaries (Sections 47-1 through 47-10 of the Code of Laws of South Carolina).

 

Requested by The Honorable Richard H. Riley, Member, South Carolina Senate.

 

Read full opinion.

March 5, 1973

Opinion on whether a state statute may be enacted to grant full legal rights to 18-to-21 year-olds.

 

Requested by The Honorable Carroll A. Campbell, Jr., Member, South Carolina House of Representatives.

 

Read full opinion.

March 5, 1973

Opinion on search warrants.

 

Requested by Detectives Bob Eldson and Harold Huff, Anderson Police Department.

 

Read full opinion.

March 5, 1973

Opinion on the procedure to deal with unexpended funds from the previous fiscal year.

 

Requested by The Honorable William J. McCord, M.S.P.H, South Carolina Commission on Alcoholism.

 

Read full opinion.

March 5, 1973

Opinion on the Lexington County School District No. 3’s proposed policy on maternity leave.

 

Requested by The Honorable J. McBride Croute, Superintendent, Lexington County School District No. 3.

 

Read full opinion.

March 2, 1973

Opinion on whether an election may be held to fill a vacancy created by the removal of an officer by the Governor (Section 50–10, Code of Laws, 1962).

 

Requested by Honorable Larry H. McCallan, Chairman, Greenville County Council.

 

Read full opinion.

March 2, 1973

Opinion on burials on private property and cremation laws.

 

Requested by W.E. Baldwin, M.D., M.P.H., District Medical Director, Appalachia Public Health District I.

 

Read full opinion.

March 1, 1973

Opinion on the status of an individual as a candidate for licensure by the State Board of Nursing in South Carolina (Sections 56-951 to 56-1018, Code of Laws).

 

Requested by Samuel B. Fewell, Jr., Esquire, Rock Hill.

 

Read full opinion.

February 28, 1973

Opinion on taxes on wine (Subsection (E), Section 4 of Act No. 1263 of the 1968 Acts, codified by Section 65-745, Code of Laws of South Carolina 1962, as amended).

 

Requested by Director, License Tax Division.

 

Read full opinion.

February 28, 1973

Opinion on whether or not documentary stamps are required upon deeds between an individual and the U.S.A., Farmers Home Administration and promissory notes taken by the Farmers Home Administration.

 

Requested by Director, License Tax Division.

 

Read full opinion.

February 28, 1973

Opinion on whether an employee of the Division of Administration may be subject to personal liability in a suit if the employee is involved in an accident while driving a State owned vehicle on official business.

 

Requested by Mr. Walter W. Robinson, Division of Administration, Governor’s Office.

 

Read full opinion.

February 28, 1973

Opinion on whether it is legal to sell in the State a weapon called the “paralyzer” (Section 16-147, Code of Laws of South Carolina 1962).

 

Requested by The Honorable Thomas Dewey Wise, Member, South Carolina Senate.

 

Read full opinion.

February 28, 1973

Opinion on whether the operation of a dance hall is permitted between the hours of midnight Saturday and midnight Sunday (Section 5-601, Code of Laws of South Carolina).

 

Requested by Deputy Sheriff Skipper Brown, Fairfield County Sheriff’s Office.

 

Read full opinion.

February 27, 1973

Opinion on whether or not when a board takes favorable action on a matter of official business, and the board later wishes to take further action of the same matter, it is necessary that motion on the latter action be made by a member who voted favorably on such matter originally (no code referenced).

 

Requested by The Honorable Samuel B. Mendenhall, Member, South Carolina Senate.

 

Read full opinion.

February 27, 1973

Opinion on whether Section 44-861 of the Code of Laws of South Carolina applies to employees of school districts in South Carolina.

 

Requested by Mr. Edward A. O’Sheasy, Assistant Superintendent of Personnel, Charleston County School District.

 

Read full opinion.

February 27, 1973

Opinion on whether a beneficiary’s estate can recover moneys due and owing under Section 61-114.

 

Requested by Mr. Purvis W. Collins, Director, South Carolina Retirement System.

 

Read full opinion.

February 26, 1973

Opinion on whether or not a member of the board of trustees for a school district can enter into a business relationship with the school board.

 

Requested by Julius R. Earle, M.D., Walhalla.

 

Read full opinion.

February 26, 1973

Opinion on who must sign criminal arrest warrants.

 

Requested by Mr. Marion W. Sams, Jr., Welterboro.

 

Read full opinion.

February 23, 1973

Opinion on execution of fraudulent check arrest warrants.

 

Requested by Honorable Frank Powell, Sheriff, Richland County.

 

Read full opinion.

February 23, 1973

Opinion on county taxes collected on property not situated within the county (Section 65-2654, Code of Laws of South Carolina).

 

Requested by The Charleston County Attorney.

 

Read full opinion.

February 23, 1973

Opinion on Act No. 1228 of 1970 (creating the Greenwood County System of government).

 

Requested by Mr. G.P. Callison, Esquire, Attorney for Greenwood County.

Read full opinion.

February 23, 1973

Opinion on the South Carolina National Guard Pension Act (Section 44-230).

 

Requested by Major General Robert L. McCrady, The Adjutant General, State of South Carolina.

 

Read full opinion.

February 22, 1973

Opinion on a school board’s proposed maternity leave provisions.

 

Requested by Hubert E. Long, Esquire, Jones, Lang, Parfield and Bouknight, Lexington.

 

Read full opinion.

February 22, 1973

Opinion on whether or not ‘(c) Money Allocations’ can be expended for the purpose of adding sidewalks to a previously paved secondary road.

 

Requested by The Honorable Lucius O. Porth, Member, South Carolina House of Representatives.

 

Read full opinion.

February 22, 1973

Opinion on whether or not Greenwood County may enact a mandatory retirement policy for employees at age 65.

 

Requested by Mr. G.P. Callison, Esquire, attorney for Greenwood County.

 

Read full opinion.

February 21, 1973

Opinion on whether the sale of property by a member of the Spartanburg County Board of Education to a school district in Spartanburg County violates present State law (Section 21-961, Code of Laws of South Carolina, 1962).

 

Requested by Mr. Sam Burts, Esquire, Burts, Turner, Hammett & Harrison, Spartanburg.

 

Read full opinion.

February 21, 1973

Opinion on fines to towns by General Sessions courts.

 

Requested by The Honorable Dale A. Boyer, Chief of Police, Prosperity.

 

Read full opinion.

February 21, 1973

Opinion on the legality of hiring a city policeman without taking the required training within one year after his date of appointment (Section 53-41, et seq., 1902 Code of Laws of South Carolina as amended).

 

Requested by The Honorable Jack H. Keel, Member, Barnwell City Council.

 

Read full opinion.

February 21, 1973

Opinion on whether head of household salary supplement is discriminatory on the basis of sex.

 

Requested by The Honorable Dr. B.E. Morton, Jr., Superintendent, School District No. 1.

 

Read full opinion.

February 20, 1973

Opinion on the power of sheriffs to appoint deputies for special purposes.

 

Requested by The Honorable Dan F. Laney, Jr., Resident Judge, Bishopville.

 

Read full opinion.

February 20, 1973

Opinion on the constitutionality of R-1842, H-3611 (Act No. 1544; 72 Acts 2821).

 

Requested by The Honorable William G. DesChamps, Jr., Member, South Carolina House of Representatives.

 

Read full opinion.

February 20, 1973

Opinion on whether or not the Governor has the authority to execute the document styled “Civil Rights Assurance” with regard to the State Highway Safety Programs.

 

Requested by General Roland J. Barnick, Coordinator, Office of Highway Safety Program.

 

Read full opinion.

February 16, 1973

Opinion on the use of the State Seal (Article 4, Section 24 of the South Carolina Constitution).

 

Requested by The Honorable O. Frank Thornton, Secretary of State.

 

Read full opinion.

February 16, 1973

Opinion on whether the homestead exemption is applicable to mobile homes or to homes constructed otherwise that are located on land belonging to another (Section 65–1613 of the Code of Laws of South Carolina).

 

Requested by The Honorable Senator, District 3.

 

Read full opinion.

February 16, 1973

Opinion on the proposed transfer of Lander College to the State higher education system.

 

Requested by The Honorable E. Don Herd, Jr., President, Lander College.

 

Read full opinion.

February 16, 1973

Opinion on the Rabon Creek Rural Water District and the Laurens County Water Resources Commission.

 

Requested by The Honorable Eugene C. Stoddard, Member, South Carolina House of Representatives.

 

Read full opinion.

February 16, 1973

Opinion on whether or not the Beech Island Rural Community Water District is eligible for coverage under the State’s Workmen’s Compensation Fund.

 

Requested by Mr. Douglas Kurt Schueler, Accountant, State Workmen’s Compensation Fund.

 

Read full opinion.

February 15, 1973

Opinion on whether a person in a rest home and maintains his residence with the hope and expectation of returning there is entitled to the homestead exemption upon the residence.

 

Requested by The Edgefield County Auditor.

 

Read full opinion.

February 15, 1973

Opinion on an inconsistency in Section 2 and Section 8 of Act No. 1268 of 1972.

 

Requested by Mr. James R. Michael, South Carolina Commission on Higher Education.

 

Read full opinion.

February 15, 1973

Opinion on the legality of possession of pistols by employees of the owner or renter of premises on which a business is operated (Section 16-129.1(8), Code of Laws of South Carolina).

 

Requested by The Honorable M.C. Hughey, Chief of Police, Union.

 

Read full opinion.

February 15, 1973

Opinion on whether the General Assembly could delegate authority to fix its compensation to the Legislative Pay Committee.

 

Requested by General Hugh P. Harris, U.S.A., Ret., Chairman, Legislative Pay Committee.

 

Read full opinion.

February 14, 1973

Opinion on whether a magistrate and/or city recorder’s court can require persons charged with first offense driving under the influence to appear in person before the court for disposition of the charge.

 

Requested by The Director, S.C. Commission on Alcoholism.

 

Read full opinion.

February 14, 1973

Opinion on whether the Sullivan’s Island Township Commission may be enlarged to provide that one member of the Commission be a non-resident of the Island, but one who owns real estate therein.

 

Requested by Honorable Joseph R. Riley, Jr., Member, South Carolina House of Representatives.

 

Read full opinion.

February 14, 1973

Opinion on whether or not Act 659 of the 1956 Acts gives the Department of Social Services the responsibility and authority to license day care programs funded by the Department of Mental Retardation.

 

Requested by The Honorable Charles D. Barnett, Ph.D., Department of Mental Retardation.

 

Read full opinion.

February 14, 1973

Opinion on the duties and powers of the Budget and Control Board under provisions of Act R1151 of 1972.

 

Requested by The Honorable P.C. Smith, Secretary, Budget and Control Board.

 

Read full opinion.

February 14, 1973

Opinion on whether Section 93 of the General Appropriations Act for the year 1969 provides for the General Assembly to fix annual compensation of members.

 

Requested by The Honorable David W. Harwell, Member, South Carolina House of Representatives.

 

Read full opinion.

February 13, 1973

Opinion on whether a qualified affidavit or certificate by a company may be accepted from an examining actuary as supplied to the South Carolina Insurance Commission (Section 37-293 of the Code of Laws of South Carolina for 1962).

 

Requested by The Honorable Claude McCain, Chairman, South Carolina Insurance Commission.

 

Read full opinion.

February 13, 1973

Opinion on how the State Treasurer may hold deposits received under the provisions of § 46-750.1 Code of Laws of South Carolina, 1962.

 

Requested by The Honorable Grady L. Patterson, Jr., South Carolina State Treasurer.

 

Read full opinion.

February 12, 1973

Opinion on which statute applicable to filling a vacancy on the City Council of Myrtle Beach (Section 47-243, Code of Laws of South Carolina).

 

Requested by The Honorable Mark C. Garner, Mayor, Myrtle Beach.

 

Read full opinion.

February 12, 1973

Opinion on analysis of blood samples taken of accident victims.

 

Requested by Colonel P.F. Thompson, State Highway Patrol.

 

Read full opinion.

February 12, 1973

Opinion on what effect a repeal of the zoning ordinance adopted by the City of Newberry on January 16, 1973, will have on the zoning laws for the City of Newberry.

 

Requested by Mr. James Verner, Attorney for the City of Newberry.

 

Read full opinion.

February 9, 1973

Opinion on dual office holding (city councilman and employee of the S.C. Employment Security Commission).

 

Requested by Mr. Harris DeLoach, Attorney for City of Hartsville.

 

Read full opinion.

February 9, 1973

Opinion on Sunday possession of alcoholic beverages in rented areas of motels.

 

Requested by The Honorable Alton S. Frick, Magistrate, Chapin.

 

Read full opinion.

February 9, 1973

Opinion on the consumption and sale of alcoholic beverages on college campuses.

 

Requested by Mr. Rufus R. Hackney, Vice President for Student Affairs, Francis Marion College.

 

Read full opinion.

February 9, 1973

Opinion on bench warrants issued by magistrates and a sheriff’s duty to execute them.

 

Requested by The Honorable Frank Powell, Sheriff, Richland County.

 

Read full opinion.

February 9, 1973

Opinion on the effect of Section 13 of Article 8 would have upon Section 15 of Article 7 of the State Constitution.

 

Requested by The Honorable Richard W. Riley, Member, South Carolina Senate.

 

Read full opinion.

February 9, 1973

Opinion on the interpretation of Section 5 Subsection 2 of 1972 Act 1269 requires all existing technical education institutions to establish criteria before expanding their programs.

 

Requested by Mr. O. Stanley Smith, Jr., Executive Director, South Carolina State Board for Technical and Comprehensive Education.

 

Read full opinion.

February 8, 1973

Opinion on the interpretation of Section 50-151.1 (when state employees returning from active military service are entitled to be returned to the state payroll).

 

Requested by Mr. George W. Thomas, Veterans Affairs Officer, Dorchester County.

 

Read full opinion.

February 7, 1973

Opinion on whether a municipality can use the county assessor’s appraisal and assessment and then multiply the county assessment by some arbitrary number such as doubling the county assessment.

 

Requested by The Mayor, City of York.

 

Read full opinion.

February 7, 1973

Opinion on a proposed bill on penalties for murder and manslaughter.

 

Requested by The Honorable LaLue Floyd, Member, South Carolina Senate.

 

Read full opinion.

February 6, 1973

Opinion on whether contributions to the SELF program are deductible for income tax purposes (Sections 65-259(5) and 65-259(14), Code of Laws of South Carolina.

 

Requested by The Spartanburg County Legislative Delegation.

 

Read full opinion.

February 6, 1973

Opinion on whether the license provided for by Section 46-100, et seq., of the Code is to be obtained by nonresident military personnel present in this State by reason of military orders.

 

Requested by Augustine T. Smythe, Esquire, Charleston.

 

Read full opinion.

February 6, 1973

Opinion on Bill R1357, H2548 regarding work camps feeding table scraps to swine which in turn are raised for consumption.

 

Requested by Mr. John P. Ashmore, Jr., Greenville County Supervisor.

 

Read full opinion.

February 5, 1973

Opinion on the validity of a contract between the trustees of a school district and a non-elected Superintendent of Education.

 

Requested by The Honorable Gene W. Dukes, Member, South Carolina House of Representatives.

 

Read full opinion.

February 5, 1973

Opinion on whether trained nurses may also serve as midwives (South Carolina Code § 56–1372 (1962) and South Carolina code 56-954 (Supp. 1971)).

 

Requested by The State Board of Nursing.

 

Read full opinion.

February 5, 1973

Opinion on the subpoena powers inherent of school boards, and the State Board of Education.

 

Requested by Mr. Carl L. Holloway, Research Assistant on Legal Affairs, State Department of Education.

 

Read full opinion.

February 5, 1973

Opinion on the legality of “head of household” salary supplement.

 

Requested by The Honorable Dr. B.E. Morton, Jr., Superintendent, School District #1.

 

Read full opinion.

February 5, 1973

Opinion on which agency is vested with the authority to administer Titles I, X and XIV of the Social Security Act (Section 71-12, Code of Laws of South Carolina (1962)).

 

Requested by Mr. James W. Murray, Regional Commissioner, Social Security Administration.

 

Read full opinion.

February 5, 1973

Opinion on dual office holding (member of the South Carolina Insurance Commission and board member of a county hospital).

 

Requested by Mr. Edward Royal, Camden.

 

Read full opinion.

February 5, 1973

Opinion on whether a member of the National Guard who was forced to resign for personal reasons is considered a “involuntary separation (Section 44-230, South Carolina Code of Laws).

 

Requested by Major General Robert L. McCrady, The Adjutant General, State of South Carolina.

 

Read full opinion.

February 4, 1973

Opinion on a proposed bill creating a Residential Home Builders’ Commission which requires the licensing of residential home builders.

 

Requested by Mr. John T. Watkins, Home Builders Association.

 

Read full opinion.

February 2, 1973

Opinion concerning the date that real property is to be taxed at a ‘reassessed’ value in Richland County.

 

Requested by The Richland County Attorney.

 

Read full opinion.

February 2, 1973

Opinion on whether a contract between the University of South Carolina and the Athletic Director and coach be made available for review by the public (Freedom of Information Act of 1972).

 

Requested by The Chairman, Board of Trustees, University of South Carolina.

 

Read full opinion.

February 2, 1973

Opinion on the redevelopment authority of the City of Greenville.

 

Requested by The Honorable Purvis W. Collins, Director, S.C. Retirement System.

 

Read full opinion.

February 2, 1973

Opinion on whether a fully qualified person who attains the age of 60 prior to July 1975 becomes entitled to his first pension payment on July 1 or July 31, 1975 (Section 44-230, of the South Carolina Code of Laws).

 

Requested by Major General Robert L. McCrady, The Adjutant General, State of South Carolina.

 

Read full opinion.

February 1, 1973

Opinion on dual office holding (membership on a regional council of governments is an office within the meaning of dual office holding).

 

Requested by The Honorable Richard W. Riley, Member, South Carolina Senate.

 

Read full opinion.

February 1, 1973

Opinion on whether an advisory election can be held to determine the nominee to be submitted to the Governor to fill a vacancy on the Allendale County Board of Directors (Section 14-812, Code of Laws of South Carolina, 1962, as amended).

 

Requested by The Honorable James B. Brandt, Member, South Carolina House of Representatives.

 

Read full opinion.

January 30, 1973

Opinion on dual office holding (serve as honorary member of a County Library Board and as a member of the State College Board of Trustees).

 

Requested by The Honorable Calhoun Lemon, Barnwell.

 

Read full opinion.

January 30, 1973

Opinion on dual office holding (honorary member of the Barnwell County Library Board and member of the State College Board of Trustees).

 

Requested by a Member, Board of Trustees, South Carolina State College.

 

Read full opinion.

January 30, 1973

Opinion on whether or not the County Council of Beaufort County may, under the terms of its County Council Act, take action to prohibit nepotism within the County government (Act No. 994).

 

Requested by The Honorable Colden R. Battey, Jr., Chairman, Beaufort County Council.

 

Read full opinion.

January 29, 1973

Opinion on dual office holding (civil defense director for a municipality).

 

Requested by The Honorable Fred C. Craft, Director, Civil Defense Agency.

 

Read full opinion.

January 25, 1973

Opinion on student utilization of personal or privately-owned vehicles in travelling to and from the Vocational Center.

 

Requested by The Director, Daniel Morgan Vocational Center.

 

Read full opinion.

January 24, 1973

Opinion on whether or not a condominium unit may qualify for the homestead exemption.

 

Requested by Attorney at Law, Columbia.

 

Read full opinion.

January 24, 1973

Opinion on the authority of television cable companies string their lines on existing poles of public utility companies, and place underground cable lines in highway and street rights-of-way.

 

Requested by Den Scott Whaley, Attorney for Charleston County.

 

Read full opinion.

January 23, 1973

Opinion on whether television sets, radios and pianos are household goods and exempt from county property taxes.

 

Requested by The Honorable P.D. Gill, Jasper County Tax Assessor.

 

Read full opinion.

January 22, 1973

Opinion on the liability of a judge for errors or mismanagement of funds by his clerk.

 

Requested by The Honorable James Craven, Judge, The Family Court of Charleston County.

 

Read full opinion.

January 22, 1973

Opinion on dual office holding (member of the Hartsville City Council and employed by the S.C. Employment Security Commission.

 

Requested by The Honorable Edward E. Saleeby, Member, South Carolina Senate.

 

Read full opinion.

January 19, 1973

Opinion on whether the provisions of Section 65–1522(6.1) exempt from taxation the property of a corporation organized to provide recreational facilities.

 

Requested by The Senator, District 17.

 

Read full opinion.

January 18, 1973

Opinion on whether the provisions of Section 65–2815.8 change the redemption period set out in Section 65–2772.

 

Requested by The Tax Collector, Florence County.

 

Read full opinion.

January 17, 1973

Opinion on whether or not notes made payable to the Federal Land Bank are exempt from documentary stamp taxes.

 

Requested by The Director, License Tax Division.

 

Read full opinion.

January 16, 1973

Opinion on motor vehicle taxes.

 

Requested by The Beaufort County Treasurer and Tax Collector.

 

Read full opinion.

January 15, 1973

Opinion on whether or not the S. C. Aeronautics Commission is not responsible or obligated for the maintenance of the facilities leased by it to Inland Airlines, Inc., at North Myrtle Beach Airport.

 

Requested by The Honorable John W. Hamilton, Director, S.C. Aeronautics Commission.

 

Read full opinion.

January 15, 1973

Opinion on dual office holding (city policeman and as a non-compensated state constable).

 

Requested by Mr. Donald G. McLeese, Commissioner, Commission on Narcotics and Controlled Substances.

 

Read full opinion.

January 15, 1973

Opinion on whether or not taxes imposed by Special Tax Districts are not county taxes within the meaning of a statute that exempts property from county taxes.

 

Requested by The Richland County Auditor.

 

Read full opinion.

January 15, 1973

Opinion on what procedural due process is necessary at the county level to take statutory good time.

 

Requested by The Director, South Carolina Department of Corrections.

 

Read full opinion.

January 13, 1973

Opinion on Section 50 of Act No. 445 of the 1971 Acts.

 

Requested by a Commissioner, Commission on Narcotics and Controlled substances.

 

Read full opinion.

January 12, 1973

Opinion on suspended driver’s license.

 

Requested by Honorable Emory P. Austin, Director, Motor Vehicle Division.

 

Read full opinion.

January 12, 1973

Opinion on the Revenue Sharing Plan.

 

Requested by The Honorable William F. Snipes, Member, South Carolina House of Representatives.

 

Read full opinion.

January 12, 1973

Opinion on whether a Charleston County tax notice is legal on land that is under water on very high tide.

 

Requested by Lt. Col., U.S. Army, Mt. Pleasant.

 

Read full opinion.

January 12, 1973

Opinion on whether or not the South Carolina Air National Guard would be liable for any damages resulting from a collision or crash of its aircraft.

 

Requested by Colonel James E. Mathews, Staff Judge Advocate, USAF.

 

Read full opinion.

January 12, 1973

Opinion on dual office holding (member of the Interstate Cooperation Committee and appointed to some State Agency.

 

Requested by The Honorable John W. Jenrette, Jr., North Myrtle Beach.

 

Read full opinion.

January 12, 1973

Opinion on whether or not an elected officeholder for any county can obtain the required bond from whomsoever they wish, or whether the County Board of Commissioners have the right to obtain the bond for the elected officer contrary to the wishes of the elected officer.

 

Requested by The Honorable Marie J. Black, Judge of Probate, Barnwell County.

 

Read full opinion.

January 11, 1973

Opinion on whether the Commissioners of Election for Charleston County are entitled to additional compensation for expenses or salary (Section 23-601, Code of Laws of South Carolina).

 

Requested by Mr. Joseph S. Mendelsohn, Secretary, Commissioners of Election for Charleston County.

 

Read full opinion.

January 11, 1973

Opinion on a zoning ordinance by the Town of Kingstree.

 

Requested by Mr. Rogers E. Harrell, Attorney for the Town of Kingstree.

 

Read full opinion.

January 11, 1973

Opinion on the disposition of abandoned school buildings by school trustees (Act No. 970 of 1972).

 

Requested by A School Trustee, Fairforest.

 

Read full opinion.

January 11, 1973

Opinion on whether the City and County of Greenville may use the same enforcement personnel in enforcing the City/County Building Code (Act No. 1415 at 2607 South Carolina Acts and Joint Resolutions, 1972).

 

Requested by The Attorney for Greenville County.

 

Read full opinion.

January 10, 1973

Opinion on free tuition to any post high school technical education at a state supported institution (Section 22-56, Code of Laws of South Carolina, as amended).

 

Requested by Mr. Marvin P. Busbee, Chief Supervisor State Approving Section, State Department of Education.

 

Read full opinion.

January 10, 1973

Opinion on the jurisdiction of magistrates in Florence County (Section 43-772 of the 1962 Code).

 

Requested by The Solicitor, Florence.

 

Read full opinion.

January 9, 1973

Opinion on fireworks licenses.

 

Requested by The Deputy Clerk of Court, Georgetown.

 

Read full opinion.

January 8, 1973

Opinion on dual office holding (serve as a magistrate and as a municipal judge).

 

Requested by The Magistrate, Saluda County.

 

Read full opinion.

January 5, 1973

Opinion on whether directors within the State Technical and Comprehensive Education System are eligible for membership on the Council of Presidents (Section 22-15.8 Code of Laws of South Carolina, 1971 Cumulative Supplement)

 

Requested by Mr. Larry G. McDougle, Executive Assistant, State Board of Technical and Comprehensive Education.

 

Read full opinion.

January 5, 1973

Opinion on whether school trustees can sell surplus school property if approval is received from the county board of education.

 

Requested by Mr. H.L. Corder, District Superintendent, Anderson School District #2.

 

Read full opinion.

January 5, 1973

Opinion on the admissibility of evidence of blood-alcohol content derived from a test of the defendant’s blood sample taken without his consent.

 

Requested by Mr. Tom Lydon, Attorney for City of Columbia.

 

Read full opinion.

January 5, 1973

Opinion on whether a county council has the authority to assign to the county treasurer the duties of the county tax collector (South Carolina Constitution, art. 17, Section 1A).

 

Requested by George Warren, Jr., Attorney for Hampton County.

 

Read full opinion.

January 4, 1973

Opinion on the meaning of the term “related facilities (Section 32-762(4), Code of Laws of South Carolina 1962 (as amended)).

 

Requested by C.B. Graham, Ph. D., Bureau of Governmental Research and Service, University of South Carolina.

 

Read full opinion.

January 4, 1973

Opinion on whether the homestead exemption is applied to persons who held a life estate.

 

Requested by The Deputy Comptroller.

 

Read full opinion.

January 4, 1973

Opinion on whether motor vehicles used by a business qualify for a tax situs.

 

Requested by The Charleston County Auditor.

 

Read full opinion.

January 2, 1973

Opinion on whether there is a South Carolina statute on pedal bicycles with helper motors.

 

Requested by Direzione Vendite Estero, Piaggio & C., Italy.

 

Read full opinion.

January 3, 1973

Opinion on whether the Senator has a vote in certain matters pursuant to the Supply Bill for Abbeville County.

 

Requested by Mr. Gerald R. Clay, Attorney for Abbeville County.

 

Read full opinion.

January 3, 1973

Opinion on the marketing of hydraulic brake fluid (S.C. Code Ann. Section 46-565 (Supp. 1971))

 

Requested by Mr. Richard M. Wall, Vice President, Chemical Exchange Co., Inc., Houston.

 

Read full opinion.

January 2, 1973

Opinion on whether a coroner may order a blood sample be taken from an individual when the individual is unwilling to have a blood sample taken (automobile accident resulting in an fatality).

 

Requested by Dr. N.J. Knoy, Bamberg County Coroner.

 

Read full opinion.

January 2, 1973

Opinion on whether legislation to change the election date for school trustees would require the approval by the Department of Justice.

 

Requested by The Honorable William H. Stroud, Member, South Carolina House of Representatives.

 

Read full opinion.

January 2, 1973

Opinion on the effect of Section 5 of Act No. 555 will have upon the council form of government for Oconee County.

 

Requested by Mr. Jerry Fedder, Attorney for Oconee County.

 

Read full opinion.

January 2, 1973

Opinion on employer contribution for persons entitled to credit for military service.

 

Requested by The Honorable Purvis W. Collins, Director, South Carolina Retirement System.

 

Read full opinion.

January 2, 1973

Opinion on whether a defendant who has taken a breathalyzer test has a right to have an additional blood test administered by a hospital.

 

Requested by Mr. Charles E. Godwin, Attorney at Law, Lake City.

 

Read full opinion.

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Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

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Phone: 1-803-734-3970 | Fax: (803) 253-6283

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