Archive for the ‘1973 Opinions’ Category

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 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 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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