Archive for the ‘1974 Opinions’ Category

January 28, 1974

Opinion on property taxes.

 

Requested by Member, South Carolina House of Representatives (Greenwood County).

 

Read full opinion.

August 5, 1974

Opinion on which party is responsible for securing a mining permit (Section 63.714, 1973 Cum. Supp., Code of Laws of South Carolina).

 

Requested by Mr. Murray Wood, S.C. Land Resources Conservation Commission.

 

Read full opinion.

November 20, 1974

Opinion on whether there is a statute prohibiting children under the age of eighteen to be playing “football” machines.

 

Requested by The Honorable Charles A. Davis, Magistrate, District No. 5.

 

Read full opinion.

November 19, 1974

Opinion on the definition of a mobile home (Mobile Homes Act, 1972 Statutes at Large of South Carolina, No. 1389).

 

Requested by Mr. Earl Taylor, Zoning Administrator, Town of Woodruff.

 

Read full opinion.

November 19, 1974

Opinion on what conditions manufacturers are given a tax exemption (Act 1470, Acts of 1972).

 

Requested by The Auditor, Allendale County.

 

Read full opinion.

November 18, 1974

Opinion on whether the city attorney is considered an officer with respect to dual office holding

 

Requested by Mr. William K. Cox, Esquire, Woodruff.

 

Read full opinion.

November 18, 1974

Opinion on a doctor’s liability to drawing of blood from a person who has requested a blood-alcohol analysis.

 

Requested by The Honorable Henry F. Floyd, Member, South Carolina House of Representatives.

 

Read full opinion.

November 18, 1974

Opinion on a proposed House Rule allowing executive sessions for the House of Representatives.

 

Requested by the Clerk of the South Carolina House of Representatives.

 

Read full opinion.

November 18, 1974

Opinion on residency requirements for voting (Section 23-62(3), South Carolina code of Laws, 1962, as amended).

 

Requested by Mr. Gregory Robinett, Aiken.

 

Read full opinion.

November 15, 1974

Opinion on whether or not documentary stamps must be affixed to deeds from the United States or an instrumentality of the United States to individuals (Sections 65-681 and 65-686, Code of Laws of South Carolina, 1962).

 

Requested by the Cherokee County Treasurer.

 

Read full opinion.

November 15, 1974

Opinion on whether a juvenile female who is married should be confined with juveniles or with adults.

 

Requested by Mr. G.S. Friday, Director, Division of Inspections, S.C. Department of Corrections.

 

Read full opinion.

November 15, 1974

Opinion on the source of authority which defines magisterial districts as well as the general territorial jurisdiction of magistrates in Spartanburg County (Section 43-62, Code of Laws of South Carolina).

 

Requested by Patrolman David E. Gibson, Fairforest.

 

Read full opinion.

November 15, 1974

Opinion on whether a community can deed all or part of the property it holds as a fee simple determinable from Richland County School District One.

 

Requested by Mr. Michael L. Harlan, Superintendent of Recreation, Richland County Recreation Commission.

 

Read full opinion.

November 15, 1974

Opinion on the procedure for amending the zoning ordinance in the Town of Honea Path (Sections 47-1004 and 47-1005, South Carolina Code of Laws).

 

Requested by Barry W. Knobel, Esquire, Law Offices of Chapman & Lowery, Anderson.

 

Read full opinion.

November 14, 1974

Opinion on whether or not chiropractors are qualified for staff privileges in governmental or non-government hospitals.

 

Requested by Preston H. Callison, Esquire, Callison, Tighe, Nauful, & Rush, Columbia.

 

Read full opinion.

November 14, 1974

Opinion on whether an out of state construction company must be licensed as a “general contractor” in the State (Section 56-401 et seq., Code of Laws of South Carolina, 1962, as amended).

 

Requested by Mr. H.B. Ross, South Carolina State Licensing Board for Contractors.

 

Read full opinion.

November 13, 1974

Opinion on the sale or possession of liquor by non-profit associations (Section 12-756, 1962 Code of Laws of South Carolina).

 

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

 

Read full opinion.

November 13, 1974

Opinion on whether a construction permit is required for a church building.

 

Requested by Attorney at Law, Swansea.

 

Read full opinion.

November 12, 1974

Opinion on Chartering of South Carolina Association of School Administrators.

 

Requested by Mr. H.E. Corley, President, South Carolina Association of School Administrators.

 

Read full opinion.

November 12, 1974

Opinion on dual office holding (member of an Advisory Board of a school district in Aiken County and member of the County board of Commissioners of Aiken County).

 

Requested by Mr. Henry Busbee, Attorney at Law, Aiken.

 

Read full opinion.

November 12, 1974

Opinion on a tax levy by the City of North Augusta (Section 47–241 and Section 47–253, South Carolina Code of Laws).

 

Requested by Attorney at Law, Gainesville, Florida.

 

Read full opinion.

November 12, 1974

Opinion on elections within soil conservation districts.

 

Requested by Mr. P.G. Scurry, Assistant Director, S.C. Land Resources Conservation Commission.

 

Read full opinion.

November 12, 1974

Opinion on whether the Board of State Canvassers or the County Board of Canvessers would decide cases under protest that involve Members of the State House of Representatives (Section 23-453 and 23-476, South Carolina Code of Laws).

 

Requested by The Honorable James B. Ellisor, Executive Director, State Election Commission.

 

Read full opinion.

November 8, 1974

Opinion on jury selection.

 

Requested by The Honorable Lawrence E. Rearden, Mayor, Edgefield.

 

Read full opinion.

November 7, 1974

Opinion on annuity contracts for employees in schools and education institutions.

 

Requested by Moultrie D. Douglas, Esquire, Attorney for Fairfield County.

 

Read full opinion.

November 7, 1974

Opinion on whether a jury in a criminal case before the magistrate can return a verdict with the recommendation of mercy.

 

Requested by The Clarendon County Magistrate.

 

Read full opinion.

November 6, 1974

Opinion on the validity of an appointment of a special judge to the Civil and Family Court of Sumter County during the absence of the regular judge (Section 15-1675.2(5), Code of Laws of South Carolina, 1962, as amended).

 

Requested by G. Werber Bryan, Esquire, Sumter.

 

Read full opinion.

November 6, 1974

Opinion on whether or not Circuit Court Rule 88 is sufficient authority to require a party to a law suit to produce an insurance policy for copying and inspection.

 

Requested by William J. Cronan, Jr., Esquire, Charleston Heights.

 

Read full opinion.

November 4, 1974

Opinion on whether House Rule 4.16(c) requires a Member of the House of Representatives, who won a contract with the State through the competitive bidding process, to report the nature, source and amount of all sums paid by the State or any of its administrative agencies or departments to the Member.

 

Requested by The Honorable T.W. Edwards, Jr., Chairman Ethics Committee, South Carolina House of Representatives.

 

Read full opinion.

November 4, 1974

Opinion on the implement of husbandry – driver license requirements.

 

Requested by Colonel P.F. Thompson, Director of Law Enforcement, State Highway Patrol.

 

Read full opinion.

November 4, 1974

Opinion on Negotiation of Contracts (Section 1–466, Code of Laws of South Carolina, 1962).

 

Requested by Mr. William R. Jennings, Department of Parks, Recreation and Tourism.

 

Read full opinion.

November 4, 1974

Opinion on compensation for the House of Representatives ‘Freshman Orientation Program.’

 

Requested by The Honorable Sylvia W. Orange, Member, South Carolina House of Representatives.

 

Read full opinion.

November 4, 1974

Opinion on whether or not a city alderman who has moved out of the city can continue serving (Sections 47-371, -372, South Carolina Code of Laws, 1962 and Section 2-1 of the Ordinance of the City of Greenwood).

 

Requested by William K. Charles, Jr., Esquire, Attorney for the City of Greenwood.

 

Read full opinion.

November 4, 1974

Opinion on elections.

 

Requested by Ms. Torrence, Lexington County Election Commission.

 

Read full opinion.

November 4, 1974

Opinion on the procedure to recover personal property which was stolen and then pawned.

 

Requested by Cpl. Robert G. Haselden, Isle of Palms Police Department.

 

Read full opinion.

November 1, 1974

Opinion on the withholding from compensation of the employees for the purchase of annuity contracts for such employees (Section 61-441 and 61-442, South Carolina Code of Laws).

 

Requested by The Business Manager, Abbeville County School District.

 

Read full opinion.

November 1, 1974

Opinion on the State v. Fennell case (whether a magistrate or municipal judge is empowered to reduce or change a DUI charge by the arresting officer).

 

Requested by Mr. James A. Neal, Director, South Carolina ASAD.

 

Read full opinion.

November 1, 1974

Opinion on the legality of meetings between the Chairman of a school board and certain members not open to the public.

 

Requested by Chairman, Board of Trustees, Cherokee County School District.

 

Read full opinion.

October 31, 1974

Opinion on whether an out-of-state national bank doing business in South Carolina may lend monies under Section 8-233).

 

Requested by Attorney at Law, Charleston.

 

Read full opinion.

October 31, 1974

Opinion on whether or not a contractor should be allowed to withdraw his bid submitted pursuant to Section 1-466, Code of Laws of South Carolina (1962).

 

Requested by Mr. L.P. Hamilton, State Engineer, Columbia.

 

Read full opinion.

October 31, 1974

Opinion on elections (two candidates for a school board of trustees should be placed upon a ballot).

 

Requested by Mr. James M. Dickson, Attorney for the clover School Board of Trustees.

 

Read full opinion.

October 31, 1974

Opinion on the Act of the General Assembly requiring law enforcement agencies in Marlboro and Chesterfield Counties to cooperate with ASAP.

 

Requested by The Honorable H.W. Hennig, Recorder, Darlington Police Department.

 

Read full opinion.

October 30, 1974

Opinion on whether or not the Division of General Services can serve as an intermediary for the procurement of Workmen’s Compensation for the Lexington County Hospital (Section 72-451 et seq., 1962 Code of Laws of South Carolina).

 

Requested by Ronald H. Colvin, Esquire, Division of General Services.

 

Read full opinion.

October 30, 1974

Opinion on the validity of a school board regulation prohibiting married individuals from attending school.

 

Requested by Mr. James W. Smith, Superintendent, East Clarendon District #3.

 

Read full opinion.

October 30, 1974

Opinion on whether ROTC training can be substituted for a physical education course in public schools.

 

Requested by The Honorable Cyril B. Busbee, State Superintendent of Education.

 

Read full opinion.

October 29, 1974

Opinion on whether persons over the age of 65 are qualified to serve as jurors.

 

Requested by Mr. J.K. Westbury, Clerk of Court, Orangeburg County.

 

Read full opinion.

October 29, 1974

Opinion on the legal status of the Lake Cunningham Fire Department.

 

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

 

Read full opinion.

October 29, 1974

Opinion on whether a person serving in the military who is registered to vote in this State can be a nonresident for tax purposes (Article 2, Section 4 of the Constitution).

 

Requested by Mr. James A. Walton, Director, Sales and Use Tax Division, South Carolina Tax Commission.

 

Read full opinion.

October 28, 1974

Opinion on Section 65-320 (imposes penalty and interest for underestimating income taxes).

 

Requested by The Director, Income Tax Division, S.C. Tax Commission.

 

Read full opinion.

October 28, 1974

Opinion on dual office holding.

 

Requested by Mr. William A. Dallis, Director, South Carolina Court Administration.

 

Read full opinion.

October 28, 1974

Opinion on the applicability of various provisions of the State Employee Grievance Procedure Act of 1974 (Act No. 1025).

 

Requested by Mr. Jack S. Mullins, Director, State Personnel Division.

 

Read full opinion.

October 28, 1974

Opinion on municipal elections (Act Number 1235 of the 1974 Acts and Joint Resolutions).

 

Requested by Mr. L. Hugh Smith, City Manager, City of Hanahan.

 

Read full opinion.

October 25, 1974

Opinion on the legality of the use of photographs of students in a presentation.

 

Requested by J.P. Real, Jr., Deputy Director for Administrative Services, S.C. Department of Youth Services.

 

Read full opinion.

October 25, 1974

Opinion on whether game wardens have the authority to arrest without a warrant for the offense of possession of an unlawful weapon.

 

Requested by The Honorable Junior W. Pittman, Magistrate, Glassy Mountain Township.

 

Read full opinion.

October 25, 1974

Opinion on transportation by ambulance of disturbed patients,

 

Requested by Mr. James Rivers Mabry, Jr., Certified Emergency Technician, Abbeville Rescue, Inc.

 

Read full opinion.

October 25, 1974

Opinion on whether Act No. 1067, [1974] S.C. Acts & Jt. Res. 2283, eliminates age restrictions on jury service.

 

Requested by The Honorable J.K. Westbury, Clerk of Court, Orangeburg County.

 

Read full opinion.

October 25, 1974

Opinion on whether the Abbeville County School District 60 is required to take any action when a teacher has announced candidacy for an elective office.

 

Requested by Mr. James F. Murphy, Business Manager, Abbeville County School District 60.

 

Read full opinion.

October 24, 1974

Opinion on the filling of a vacancy on the Board of Trustees of the Edgefield County School District.

 

Requested by The Honorable H.O. Carter, County Manager, Edgefield County Council.

 

Read full opinion.

October 22, 1974

Opinion on elections (Section 23-400.51:1, South Carolina Code of Laws, 1962, as amended).

 

Requested by Mr. Ferdinand Q. Epps, Kingstree.

 

Read full opinion.

October 22, 1974

Opinion on the South Carolina State Housing Authority Act of 1974.

 

Requested by the Chairman, S.C. State Housing Authority.

 

Read full opinion.

October 21, 1974

Opinion on dual office holding (Assistant Adjutant General, Air National Guard and State Treasurer).

 

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

 

Read full opinion.

October 21, 1974

Opinion on the powers and duties of the Charleston County Medical Examiner.

 

Requested by The Honorable Kenneth Chue, Coroner, Charleston County.

 

Read full opinion.

October 21, 1974

Opinion on Act No. 1235 of the 1974 Acts and Joint Resolutions.

 

Requested by The Honorable James B. Ellisor, Executive Director, State Election Commission.

 

Read full opinion.

October 18, 1974

Opinion on pension exemptions (Section 65-225(11), South Carolina Code of Laws).

 

Requested by the Director, Income Tax Division, South Carolina Tax Commission.

 

Read full opinion.

October 17, 1974

Opinion on the legality of a candidate for municipal office is registered to vote in another county other than the one where he resides (Article IV, Section I of the South Carolina Constitution).

 

Requested by The Mayor, Town of Williston.

 

Read full opinion.

October 17, 1974

Opinion on the taxable status of a certain property, legally titled and held by the Incarnation Development Foundation.

 

Requested by Mr. Douglas A. Sturkie and Mr. Porter Kinard, Columbia.

 

Read full opinion.

October 17, 1974

Opinion on the Soldiers and Sailors Relief Act.

 

Requested by Mr. James A. Bell, Attorney for Dorchester County.

 

Read full opinion.

October 16, 1974

Opinion on elections.

 

Requested by W.H. Brice, Jr., Esquire, York.

 

Read full opinion.

October 16, 1974

Opinion on whether a meeting held at a board member’s home instead of at the public agency violates the Freedom of Information Act.

 

Requested by Mr. John H. Cathcart, Jr., Trustee, Cherokee County School District No. 1.

 

Read full opinion.

October 15, 1974

Opinion on the jurisdiction of the Spartanburg City Recorder’s Court to try and determine cases involving violations of Section 4-91, South Carolina Code of Laws (1962).

 

Requested by Mr. R.E. Cogdell, Spartanburg Police Department.

 

Read full opinion.

October 15, 1974

Opinion on Section 23-266, South Carolina Code of Laws as amended.

 

Requested by a Member, South Carolina House of Representatives.

 

Read full opinion.

October 15, 1974

Opinion on the exempt status of the property of The Nature Conservancy from property taxation for the 1974 tax year (amendment of Section 65-1522, Act 1221, Acts of 1974).

 

Requested by Mr. Bill Cotty, Legislative Affairs, S C. Wildlife & Marine Resources Department.

 

Read full opinion.

October 15, 1974

Opinion on the York County Supply Bill.

 

Requested by The Honorable Robert W. Hayes, Judge, 16th Judicial Circuit.

 

Read full opinion.

October 15, 1974

Opinion on whether a person can be a write-in candidate if they have lost in the primary.

 

Requested by Mr. Bill Gibson, Mt. Croghan.

 

Read full opinion.

October 15, 1974

Opinion on whether escalate clauses in bids submitted by various insurance companies is an acceptable bid.

 

Requested by Mr. Marris B. Caldwell, Director of Finance and Personnel, S.C. Department of Parks, Recreation and Tourism.

 

Read full opinion.

October 15, 1974

Opinion on whether the administration of a breathalyzer test is lawful.

 

Requested by Colonel P.F. Thompson, Director of Law Enforcement, State Highway Patrol.

 

Read full opinion.

October 15, 1974

Opinion on H. Bill 3404.

 

Requested by Colonel P.F. Thompson, Director of Law Enforcement, State Highway Patrol.

 

Read full opinion.

October 14, 1974

Opinion on whether or not a State agency may accept cooperative funds from private industry.

 

Requested by Mr. F. Earl Ellis, Deputy Director, State Development Board.

 

Read full opinion.

October 14, 1974

Opinion on Act No. 128 of 1973.

 

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

 

Read full opinion.

October 14, 1974

Opinion on utilization of private counsel by a state agency (Section 1-235, S. C. Code of Laws (1962)).

 

Requested by Dr. Joseph R. Beard, President, South Carolina State Board of Dentistry.

 

Read full opinion.

October 14, 1974

Opinion on the Laurens County Park Commission.

 

Requested by Mr. James F. Dominick, Community Development Specialist, Upper Savannah Regional Planning and Development Council.

 

Read full opinion.

October 11, 1974

Opinion on the constitutionality of Act Nos. R-1504 and R-1502.

 

Requested by Mr. Thomas O. Lawton, Jr., Attorney for Allendale County.

 

Read full opinion.

October 11, 1974

Opinion on whether or not municipal officers can contract with municipalities (Section 47-804, Code of Laws of South Carolina (1962)).

 

Requested by Mr. C.W.F. Spencer, Jr., Spencer and Spencer, Professional Association.

 

Read full opinion.

October 11, 1974

Opinion on the propriety of the salary schedule implemented by the Pickens County School District (Section 21-256, 1962 Code of Laws of South Carolina).

 

Requested by Mr. Stanley H. Thompson, Central.

 

Read full opinion.

October 11, 1974

Opinion on whether a non-Indian (now the widow of a Catawba Indian), is entitled to the same status as a Catawba Indian for the purpose of continuing to reside on the Catawba Indian Reservation.

 

Requested by The Honorable Robert L. McFadden, Member, South Carolina House of Representatives.

 

Read full opinion.

October 11, 1974

Opinion on a labor matter involving A&P Food Store.

 

Requested by Mr. Paul Rowland, Conciliation, S.C. Department of Labor.

 

Read full opinion.

October 11, 1974

Opinion on which authorities the county superintendent of education may withhold his approval or authorization of a district board of school trustees’ warrant for funds to pay teachers’ salaries (Sections 21–951 and 21–957; and Section 47–699.4, 1962 Code of Laws of South Carolina).

 

Requested by Mr. W.R. Saffold, Superintendent, Barnwell District 445 Schools.

 

Read full opinion.

October 11, 1974

Opinion on the validity of a contract between Winthrop College and Gatlinburg Construction Company.

 

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

 

Read full opinion.

October 10, 1974

Opinion on bidding procedures for State projects.

 

Requested by Mr. James H. Barnes, Purchasing Officer, Division of General Services.

 

Read full opinion.

October 10, 1974

Opinion on whether the board of trustees of School District 17 has authority to declare open campus during lunch periods at a senior high school (Section 21-4069, South Carolina Code Of Laws).

 

Requested by Mr. John W. Chappel, Nash and Chappell, Sumter.

 

Read full opinion.

October 10, 1974

Opinion on elections (Section 47-57.17, South Carolina Code of Laws).

 

Requested by The Honorable Henry Robinson, Councilman, Town of Port Royal.

 

Read full opinion.

October 10, 1974

Opinion on whether or not a local school offering Military or Naval ROTC is obligated by the language of R1230 to grant credit for ROTC instruction in lieu of physical education.

 

Requested by The Honorable Cyril B. Busbee, State Superintendent of Education.

 

Read full opinion.

October 9, 1974

Opinion on the admission of adults to a State Hospital by the Family Court (Section 32-969, S.C. Code, 1962, as amended, and Section 15-1095.24(b)(13) of the Family Court Act).

 

Requested by The Honorable J. Perrin Anderson, Judge, The Family Court, Greenwood.

 

Read full opinion.

October 9, 1974

Opinion on whether or not a county board of commissioners has the exclusive power to make recommendations to the Governor for the various county boards and offices (Section 4, Act Number 815 of the 1966 Acts and Joint Resolutions).

 

Requested by The Honorable Richard P. Owens, Chairman, Hampton County Council.

 

Read full opinion.

October 9, 1974

Opinion on whether or not Palmer College, as a State Agency, is responsible for a robbery resulting in the loss of money.

 

Requested by Mr. Wyman D. Shealy, Director of Financial Services, State Board for Technical and Comprehensive Education.

 

Read full opinion.

October 8, 1974

Opinion on the disposition of unspent political campaign contributions.

 

Requested by a Member, South Carolina House of Representatives.

 

Read full opinion.

October 8, 1974

Opinion on where poll watchers may sit during an election (Section 23-400.64, South Carolina Code of Laws, 1962, as amended).

 

Requested by Mr. Addison G. Wilson, Campaign Manager, Floyd Spence for Congress.

 

Read full opinion.

October 8, 1974

Opinion on filling a vacancy for the Democratic nominee to the Allendale County Board of Directors due to the death of the Democratic nominee (Section 23-266, South Carolina Code of Laws).

 

Requested by Thomas O. Lawton, J., Esquire, Allendale.

 

Read full opinion.

October 7, 1974

Opinion on elections of area School Trustees and Board of Education candidates.

 

Requested by Mr. John E. Wall, Superintendent of Education, Lancaster.

 

Read full opinion.

October 7, 1974

Opinion on the legality of carrying a gun in a game management area.

 

Requested by The Honorable Robert E. Jones, Magistrate, Cedar Creek Township.

 

Read full opinion.

October 4, 1974

Opinion on whether a bid submitted by Cobb and Sabbagha conforms to the invitation to bid on state projects.

 

Requested by Mr. L.P. Hamilton, Chief Engineer, State Budget and Control Board.

 

Read full opinion.

October 4, 1974

Opinion on elections.

 

Requested by Mrs. Jo Isom, The Progressive Enterprises, North Myrtle Beach.

 

Read full opinion.

October 4, 1974

Opinion on the procedure for making appointments to various boards and commissions.

 

Requested by The Honorable T.O. Bowen, Member, South Carolina Senate.

 

Read full opinion.

October 4, 1974

Opinion on whether or not Chester City officials can proceed under the criminal penalty provisions under the city ordinance proscribing nuisances (Section 32-84 in 1972, South Carolina Code of Laws).

 

Requested by Mr. Francis G. Holliday, Jr., Esquire, Attorney for the City of Chester.

 

Read full opinion.

October 3, 1974

Opinion on licensing procedures for the Latter Day Saints Social Services Corporation of Georgia regarding foster care and adoption program for South Carolina.

 

Requested by Dr. R. Archie Ellis, Commissioner, South Carolina Department of Social Services.

 

Read full opinion.

October 3, 1974

Opinion on whether a magistrate has the authority to suspend a sentence and place a person on probation for driving under the influence (Section 55-591, South Carolina Code of Laws).

 

Requested by Mr. Jim Neal, Columbia.

 

Read full opinion.

October 1, 1974

Opinion on what is the maximum tax millage for school districts.

 

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

 

Read full opinion.

October 1, 1974

Opinion on the penalty for driving with a suspended license.

 

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

 

Read full opinion.

October 1, 1974

Opinion on whether or not the personal property of a savings and loan association is subject to property taxation (Chapter 8, Title 65, Section 65-425).

 

Requested by Mr. Robert S. Floyd, Florence County Tax Assessor.

 

Read full opinion.

September 30, 1974

Opinion on whether a coroner has authority to order an autopsy in a case of death under suspicious circumstances, despite opposition to the autopsy by the family of the deceased (Section 17-90, S.C. Code of Laws (1962)).

 

Requested by Clarence E. Coker, Jr., M.D.P.A.

 

Read full opinion.

September 30, 1974

Opinion on whether the South Carolina Aeronautics Commission can validly assume the payments coming due on aircraft purchased by the South Carolina Wing of the Civil Air Patrol.

 

Requested by Mr. John Hamilton, Director, S.C. Aeronautics Commission.

 

Read full opinion.

September 27, 1974

Opinion on House Bill R 1491.

 

Requested by Mr. J. Lee Spratt, State Director, State Economic Opportunity Office, S.C. Department of Social Services.

 

Read full opinion.

September 27, 1974

Opinion on Act No. 1158, (R-1350, S-539).

 

Requested by The Honorable Thomas E. Smith, Jr., Member, South Carolina Senate.

 

Read full opinion.

September 26, 1974

Opinion on whether R-1233 (An Act to prohibit the abuse, neglect, or exploitation of a senile or developmentally disabled person) covers an alcoholic.

 

Requested by Mr. Doyle W. Kay, Executive Director, Anderson County Alcohol and Drug Abuse Commission.

 

Read full opinion.

September 26, 1974

Opinion on the release of juveniles over seventeen (Section 55-50.27, S.C. Code of Laws, as amended).

 

Requested by Mr. James K. Hope, Jr., Director, Department of Juvenile Placement and Aftercare.

 

Read full opinion.

September 25, 1974

Opinion on a contract between Pioneer Roll Call Company and the State of South Carolina.

 

Requested by Ms. Sylvia W. Orange, Clerk, South Carolina House of Representatives.

 

Read full opinion.

September 25, 1974

Opinion on the definition of “resident” relating to a person changing their voting precinct by listing their business address instead of their residence (Section 23-62(3), South Carolina Code of Laws, as amended).

 

Requested by Ms. Nelle G. Power, Administrator, Registration and Election Office, Greenville.

 

Read full opinion.

September 24, 1974

Opinion on the use of abusive and indecent language under the First Amendment.

 

Requested by Mr. Mackey Quave, News Director, WOLO-TV.

 

Read full opinion.

September 24, 1974

Opinion on dual office holding (magistrate’s constable and Assistant Director of the East Richland County Public Service District).

 

Requested by Mr. William Jackson, Columbia.

 

Read full opinion.

September 24, 1974

Opinion on license fees.

 

Requested by The South Carolina Board of Accountancy.

 

Read full opinion.

September 23, 1974

Opinion on architects.

 

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

 

Read full opinion.

September 23, 1974

Opinion on college tuition.

 

Requested by Mr. C.L. Guthrie, Jr., MOQ 3435, Camp Lejeune, NC.

 

Read full opinion.

September 23, 1974

Opinion on dual office holding.

 

Requested by Mr. William K. Marsh, Director, Planning and Development, Parks, Recreation and Tourism.

 

Read full opinion.

 

 

September 20, 1974

Opinion on the powers and duties of the office of Coroner.

 

Requested by The Honorable Verna Moore, Deputy Coroner, Sumter County.

 

Read full opinion.

September 20, 1974

Opinion on State aid to districts (Section 5 of the General Appropriations Act, 1974-75).

 

Requested by Mr. Joe Wickel, Assistant Director, Division of Administration.

 

Read full opinion.

September 19, 1974

Opinion on trust accounts

 

Requested by The Honorable R.H. Baer, Jr., S.C. Real Estate Commissioner.

 

Read full opinion.

September 18, 1974

Opinion on the constitutionality of H. 3428.

 

Requested by The Honorable Jack Q. Gerrald, Horry County Auditor.

 

Read full opinion.

September 18, 1974

Opinion on Section 14 of Part II, the permanent provisions of the 1974–75 General Appropriations Act (Act No. 1136, Acts and Joint Resolutions of the General Assembly of the State of South Carolina, 1974).

 

Requested by Mr. William D. Leeke, Director, S.C. Department of Corrections.

 

Read full opinion.

September 18, 1974

Opinion on elections.

 

Requested by Honorable James B. Ellisor, Executive Director, State Election Commission.

 

Read full opinion.

September 18, 1974

Opinion on State benefits for employee of the Georgetown County Alcohol and Drug Abuse Commission.

 

Requested by Mr. Carl W. Smith, Director, Georgetown County Alcohol and Drug Abuse Commission.

 

Read full opinion.

September 17, 1974

Opinion on the establishment of poll checkers at elections (Section 23-400.64, South Carolina Code of Laws, 1962, as amended).

 

Requested by Ms. Martha C. Marr, Executive Director, Richland County Democratic Party.

 

Read full opinion.

September 17, 1974

Opinion on compulsory attendance laws (Section 21-757.2, S.C. Code of Laws).

 

Requested by Mr. A.C. Burkett, Seneoa.

 

Read full opinion.

September 17, 1974

Opinion on the display of prototype liquor stills.

 

Requested by Mr. Gary C. LeCroy, Director, Berkeley County Development Board.

 

Read full opinion.

September 17, 1974

Opinion on the offense of improper backing (Section 45-492 and Section 46-288, S.C. Code of Laws).

 

Requested by Julius H. Baggett, Esquire, McCormick.

 

Read full opinion.

September 17, 1974

Opinion on the South Carolina Commission of Archives and History.

 

Requested by Col. Charles L. Anger, Department of History, The Citadel.

 

Read full opinion.

September 16, 1974

Opinion on Dental Colleges (Section 56-636.11, S.C. Code of Laws, as amended).

 

Requested by Dr. Joseph R. Beard, South Carolina State Board of Dentistry.

 

Read full opinion.

September 16, 1974

Opinion on the reappointment of Board Members.

 

Requested by Mr. John F. Henry, Secretary, South Carolina Department of Youth Services.

 

Read full opinion.

September 16, 1974

Opinion on student residency (Section 22-2.2, Code of Laws of South Carolina).

 

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

 

Read full opinion.

September 13, 1974

Opinion on maternal-child health family planning practitioners (Section 56-951, S.C. Code of Laws, as amended).

 

Requested by Miss Hazel M. Peeples, R.N., Executive Director, State Board of Nursing for South Carolina.

 

Read full opinion.

September 13, 1974

Opinion on dual office holding (serve as Magistrate’s Constable and Superintendent of Water Works).

 

Requested by Attorney at Law, Mount Pleasant.

 

Read full opinion.

September 13, 1974

Opinion on the Wildlife and Marine Resources Department.

 

Requested by Mr. J.W. Hudson, Chairman, S.C. Wildlife and Marine Resources Commission.

 

Read full opinion.

September 11, 1974

Opinion on hours worked per week to be considered full-time employees eligible in State Health, Insurance and Retirement Programs.

 

Requested by Executive Director, Research and Personnel, House of Representatives.

 

Read full opinion.

September 11, 1974

Opinion on Deputy Registrars (Section 23-51.1, South Carolina code of Laws, 1962, as amended).

 

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

 

Read full opinion.

September 10, 1974

Opinion on the merger of parts of counties with adjoining counties.

 

Requested by Mr. W.K. Reeves, Cottageville.

 

Read full opinion.

September 9, 1974

Opinion on construction loans.

 

Requested by L.H. Jennings, Jr., Esquire, Union.

 

Read full opinion.

September 9, 1974

Opinion on elections (Section 31 of Act No. 955 of 1968).

 

Requested by Mr. Joseph I. Mendelsohn, Attorney at Law, Charleston.

 

Read full opinion.

September 6, 1974

Opinion on the Lexington County Council and County Manager (Section 2, Act 294 of 1969 as amended by Act 149 of 1971).

 

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

 

Read full opinion.

September 6, 1974

Opinion on the authority of a magistrate’s constable to arrest civilians and military personnel, pursuant to a proper state warrant (Section 39-52, S.C. Code of Laws (1962).

 

Requested by a Magistrate’s Constable.

 

Read full opinion.

September 6, 1974

Opinion on presentence jail time (amendment to Section 55-11).

 

Requested by Mr. William D. Leeke, Director, S.C. Department of Corrections.

 

Read full opinion.

September 6, 1974

Opinion on a coroner’s cross state lines subpoena power.

 

Requested by Mr. George L. Adams, Spartanburg County Courthouse.

 

Read full opinion.

September 6, 1974

Opinion on whether or not an institution using the name ‘college’ or university’ in its charter is exempt from the Proprietary School Act (Section 21-750 et. seq., 1962 Code of Laws of S.C., as amended).

 

Requested by Dr. Cyril B. Busbee, State Superintendent of Education and Dr. Howard R. Boozer, Executive Director, Commission on Higher Education.

 

Read full opinion.

September 4, 1974

Opinion on the Charleston County Emergency Medical Service (The Emergency Medical Services Act of South Carolina, Act No. 1118, 1974 S.C. Acts and Joint Resolutions).

 

Requested by Ben Scott Whaley, Esq., Barnwell, Whaley, Stevenson & Patterson, Charleston.

 

Read full opinion.

September 4, 1974

Opinion on Town of Jackson Public Waterworks Commission.

 

Requested by The Honorable Irene K. Rudnick, Member, South Carolina House of Representatives.

 

Read full opinion.

September 4, 1974

Opinion on whether a school district can borrow money from a county council.

 

Requested by Attorney at Law, Charleston.

 

Read full opinion.

September 3, 1974

Opinion on machine guns (Section 16-123, Code of Laws of South Carolina (1962)).

 

Requested by Special Agent Eugene Reagan, Bureau of Alcohol, Tobacco and Firearms, Washington, D.C.

 

Read full opinion.

September 3, 1974

Opinion on the payment of back wages.

 

Requested by Mr. Thomas O. Lawton, Jr., Attorney for Allendale County.

 

Read full opinion.

September 3, 1974

Opinion on the annexation of an area presently outside the corporate limits of the Town of Summerville (Sections 47-18 and 48-18.2, Code of Laws of South Carolina, 1962, as amended).

 

Requested by The Mayor, Town of Summerville.

 

Read full opinion.

September 3, 1974

Opinion on whether contributions made to the Masonic Lodge would be deductible for State income tax purposes.

 

Requested by Attorney at Law, Pickens.

 

Read full opinion.

September 3, 1974

Opinion on recognizances, arrest warrants, issuance on a Sunday (Section 17-259, 1962 Code of Laws of South Carolina, as amended).

 

Requested by The Honorable David H. Maring, Municipal Judge, Georgetown.

 

Read full opinion.

September 3, 1974

Opinion on the proper procedure by which a surety bond in municipal court [or magistrate’s court] may be estreated.

 

Requested by Honorable Nikki G. Setzler, City Recorder, City of Cayce.

 

Read full opinion.

September 3, 1974

Opinion on who has the authority to place an advisory referendum on the general election ballot.

 

Requested by The Honorable Irene K. Rudnick, Member, South Carolina House of Representatives.

 

Read full opinion.

August 30, 1974

Opinion on the numbers of signatures needed for a petition candidate (Reapportionment Act).

 

Requested by The Honorable Joseph S. Mendelsohn, Secretary, Commissioners of Election, Charleston.

 

Read full opinion.

August 30, 1974

Opinion on the sale and consumption of beer in private clubs on Sunday (Act No. 1345, Acts of 1974, Section 4-204, Code of Laws of South Carolina, 1962).

 

Requested by Mr. George T. Sink, Attorney at Law, Charleston.

 

Read full opinion.

August 29, 1974

Opinion on whether the South Carolina House of Representatives is bound by the provisions of Section 18, Part II of the Appropriation Act of 1974, R. No. 1314.

 

Requested by The Honorable Rex L. Carter, Member, South Carolina House of Representatives.

 

Read full opinion.

August 28, 1974

Opinion on grievance procedures (State Employee Grievance Procedure Act, S.C. Code Section 1-49.11 – 49.14).

 

Requested by The Board Members, South Carolina Commission for the Blind.

 

Read full opinion.

August 28, 1974

Opinion on the Policy and Procedure Manual of the Business Enterprise Program.

 

Requested by Mr. M.S. Moncrief, South Carolina Commission for the Blind.

 

Read full opinion.

August 28, 1974

Opinion on what procedure to follow to declare the Office of County Supervisor vacant (Sections 50-10 and 1-124, South Carolina Code of Laws, 1962, as amended).

 

Requested by The Honorable William H. Ballenger, Member, South Carolina Senate.

 

Read full opinion.

August 28, 1974

Opinion on dual office holding (serving as mayor and council).

 

Requested by Mr. E.H. Heustess, Jr., City Manager, City of Cayce.

 

Read full opinion.

August 28, 1974

Opinion on Section 80 of the 1974 Appropriation Act, R. No. 1314.

 

Requested by Mrs. Sylvia W. Orange, Clerk of the South Carolina House of Representatives.

 

Read full opinion.

August 28, 1974

Opinion on dual office holding (public defender and county attorney and/or city recorder).

 

Requested by James I. Redfearn, Esquire, Chesterfield.

 

Read full opinion.

August 27, 1974

Opinion on whether certain property taxes paid to Richland County constitute taxes illegally assessed and collected (Section 65-2654, Code of Laws of South Carolina).

 

Requested by Assistant Comptroller General.

 

Read full opinion.

August 27, 1974

Opinion on elections (Section 23-400.92, Code of Laws of South Carolina, 1962, as amended).

 

Requested by Ms. Helen M. Roberds, Clerk, Town of Estill.

 

Read full opinion.

August 27, 1974

Opinion on whether a charge against a motorist stopped in South Carolina per radio information received from North Carolina law enforcement is valid.

 

Requested by Mr. B.S. Arant, Recorder, Town of Pageland.

 

Read full opinion.

August 26, 1974

Opinion on the licensing of real estate brokers (Section 56-1545.1, Code of Laws of South Carolina).

 

Requested by Lifting Systems, Inc., South Euclid, Ohio.

 

Read full opinion.

August 26, 1974

Opinion on whether a person can request an absentee ballot for another person (Section 23-444, 1962 Code of Laws of South Carolina, as amended).

 

Requested by Mr. Pete Parrott, Secretary-Treasurer, Newberry City Democratic Party.

 

Read full opinion.

August 26, 1974

Opinion on House Bill No. 1776.

 

Requested by Ms. Kay McCoy, Program Coordinator, Emphasis, South Carolina.

 

Read full opinion.

August 26, 1974

Opinion on the procedure for reappointment to the Board of Youth Services (Section 55-50.20, Code of Laws of South Carolina).

 

Requested by Mr. John S. Henry, S.C. Department of Youth Services.

 

Read full opinion.

August 26, 1974

Opinion on dual office holding (member of District No. 20 Constituent School Board and member of the Charleston County Housing and Redevelopment Authority).

 

Requested by C.J. Manos, Assistant County Attorney, Charleston.

 

Read full opinion.

August 26, 1974

Opinion on whether interest paid on obligations of the Charleston County Airport District is exempt from State income taxation (Section 65-253(4), Code of Laws of South Carolina).

 

Requested by Attorney at Law, Charleston.

 

Read full opinion.

August 26, 1974

Opinion on the definition of the term “public highway” (Section 16-396, 1962 Code of Laws of South Carolina, as amended).

 

Requested by Office of Solid Waste Management, Spartanburg County.

 

Read full opinion.

August 23, 1974

Opinion on the South Carolina Department of Mental Health’s authority relating to licensing of out-patient or non-resident treatment programs (Section 32-1034, Code of Laws of South Carolina (1962)).

 

Requested by Larry W. Propes, Counsel to the South Carolina Department of Mental Health.

 

Read full opinion.

August 23, 1974

Opinion on the constitutionality of a 1974 Act amending Section 3 of Act No. 1768 of 1972.

 

Requested by The Honorable Allen R. Carter, Member, South Carolina Senate.

 

Read full opinion.

August 22, 1974

Opinion on dental college instructors (Section 56-636.11, Code of Laws of South Carolina).

 

Requested by Joseph R. Beard, D.D.S, President, South Carolina State Board of Dentistry.

 

Read full opinion.

August 22, 1974

Opinion on notification of an upcoming referendum on a proposed annexation in Cayce (Section 47-15, Code of Laws of South Caronia).

 

Requested by Donald D. Aaron, Esquire, Columbia.

 

Read full opinion.

August 22, 1974

Opinion on the constitutionality of S. Bill No. 910 (Article VIII, Section 7 of the South Carolina Constitution).

 

Requested by The Honorable Ralph K. Anderson, Member, South Carolina House of Representatives.

 

Read full opinion.

August 21, 1974

Opinion on the improvement of public property by Future Homemakers of America for FHA Camps.

 

Requested by Mrs. Martha Seawright, Executive Secretary, South Carolina Association Future Homemakers of America.

 

Read full opinion.

August 20, 1974

Opinion on Ratification Numbers 1077 and 1175 of the 1974 General Assembly.

 

Requested by Mr. J. Ray Hines, Manager, Abbevville County Research, Planning and Development Board.

 

Read full opinion.

August 20, 1974

Opinion on the South Carolina Speech Pathology and Audiology Law.

 

Requested by Mr. John H. Young, Jr.

 

Read full opinion.

August 20, 1974

Opinion on whether the term ex officio gives the Attorney General of South Carolina to sue in order to determine the constitutionality of a statute.

 

Requested by The Honorable Ed W. Hancock, Attorney General, Commonwealth of Kentucky.

 

Read full opinion.

August 19, 1974

Opinion on the propriety of a Recreation Commission employee cooperating with local law enforcements officers by making purchases of marijuana from suspected dealers.

 

Requested by Mr. Michael D. Harlan, Richland County Recreation Commission.

 

Read full opinion.

August 19, 1974

Opinion on dual office holding (member of Saluda County Nursing Home Board and Saluda School District No. 1 Board (Section 21-3952, Code of laws of South Carolina, as amended)).

 

Requested by Mr. Alvin Riddle, Trustee, Saluda School District.

 

Read full opinion.

August 16, 1974

Opinion on Physician’s Assistants.

 

Requested by Miss Hazel M. Peeples, R.N., Executive Director, State Board of Nursing for South Carolina.

 

Read full opinion.

August 16, 1974

Opinion on qualifications for the South Carolina National Guard pension.

 

Requested by Col. Clifton B. Wingate, Office of the Adjutant General.

 

Read full opinion.

August 16, 1974

Opinion on the status of the South Carolina Residential Home Builders Commission.

 

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

 

Read full opinion.

August 15, 1974

Opinion on dual office holding (member of the Greenville County Historic Preservation Commission and the South Carolina Commission for the Blind).

 

Requested by Mr. Samuel Lee Zimmerman, Member, South Carolina Commission for the Blind.

 

Read full opinion.

August 14, 1974

Opinion on the United Way.

 

Requested by James T. McKenna, General Counsel, James Madison Foundation.

 

Read full opinion.

August 14, 1974

Opinion on Section 12 of Act No. 975 (1974 Acts and Joint Resolutions).

 

Requested by Mr. Dennis G. Davis, Project Coordinator, S.C. Appalachian Council of Governments.

 

Read full opinion.

August 13, 1974

Opinion on Act No. 217 relating to Act No. 603 of 1937.

 

Requested by R.M. Jefferies, Jr., Esquire, Barnwell.

 

Read full opinion.

August 13, 1974

Opinion on the qualification for carrying a firearm by uniformed guards in certain places of business (Section 16-129.1, Code of Laws of South Carolina).

 

Requested by Mr. George D. Hamilton, Commissioner, State human Affairs Commission.

 

Read full opinion.

August 13, 1974

Opinion on state employees annual leave (Article 8 of Title 1, Code of Laws of South Carolina (1962) (Supp.)).

 

Requested by Dr. J. Truett Willis, Director, South Carolina Opportunity School.

 

Read full opinion.

August 13, 1974

Opinion on petition procedures for candidates for the office of U.S. House of Representatives.

 

Requested by Mr. Grady Ballard, President, Pickens County Taxpayers Association.

 

Read full opinion.

August 12, 1974

Opinion on the Knight et al. v. Salisbury case relating to the authority and membership of the Florence City-County Agricultural Commission(Article VIII, Section 7, South Carolina Constitution).

 

Requested by The Honorable Thomas E. Smith, Jr., Member, South Carolina Senate.

 

Read full opinion.

August 12, 1974

Opinion on the constitutionality of proposed amendments to Sections 15-1608.3 and 15-1608.4 of the South Carolina Code of Laws, 1962, as amended.

 

Requested by The Honorable Thomas E. Smith, Jr., Member, South Carolina Senate.

 

Read full opinion.

August 12, 1974

Opinion on whether the Educational Television Commission has the authority to enter into a perpetual easement agreement (Section 21-60.3, Code of Laws of South Carolina (1962) (Supp.)).

 

Requested by Mr. Charlton W. Bowers, Chief Engineer, South Carolina ETV Network.

 

Read full opinion.

August 12, 1974

Opinion on whether a restricted driver’s permit granted by the State of North Carolina will be honored in South Carolina.

 

Requested by Bynum M. Hunter, Esquire, Smith, Moore, Smith, Schell & Hunter, Greensboro, NC.

 

Read full opinion.

August 9, 1974

Opinion on the procedure for running as a petition candidate.

 

Requested by John R. Etheridge, Jr., Esquire, Darlington.

 

Read full opinion.

August 9, 1974

Opinion on the House Reapportionment Act (R 107, H 2275).

 

Requested by Mr. Francis, K. Sullivan, Executive Secretary, Charleston County Legislative Delegation.

 

Read full opinion.

August 9, 1974

Opinion on whether the York County Board of Directors may put into effect subdivision, junk yard, and mobile home ordinances.

 

Requested by State Senator, Rock Hill.

 

Read full opinion.

August 9, 1974

Opinion on Section 23-658.2, South Carolina Code of Laws, 1962.

 

Requested by Mr. James B. Ellisor, Executive Director, Election Commission

 

Read full opinion.

August 8, 1974

Opinion on arrest for driving under the influence when the offense was not committed in the presence of the arresting officer (Section 46-344, 1962 Code of Laws of South Carolina).

 

Requested by Reginald C. Brown, Jr., Esquire, City Prosecutor for Florence.

 

Read full opinion.

August 8, 1974

Opinion on whether the City of Myrtle Beach has the authority to enter into a contractual relationship with the Hilton Hotel for fire protection.

 

Requested by William M. Bruner, Esquire, Attorney for City of Myrtle Beach.

 

Read full opinion.

August 8, 1974

Opinion on North Carolina Restricted Driver Licenses use in South Carolina.

 

Requested by Colonel P.F. Thompson, Director of Law Enforcement, State Highway Department.

 

Read full opinion.

August 8, 1974

Opinion on whether the provision of cash deposits in Section 4-202.1 applies to barrels and kegs of beer (South Carolina Code of Laws (1962) as amended).

 

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

 

Read full opinion.

August 7, 1974

Opinion on the legality of publishing photographs of teenagers who have been convicted of shoplifting who are within the jurisdiction of family court (Section 15-1095.40, Code of Laws of South Carolina (1962)).

 

Requested by The Executive Secretary, Mullins Chamber of Commerce.

 

Read full opinion.

August 7, 1974

Opinion on the maximum age of persons serving on the Board of Registration.

 

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

 

Read full opinion.

August 7, 1974

Opinion on whether the City Council of Greenville may constitutionally establish a scholarship program for children of municipal employees (Article VIII, Sections 3 and 6, South Carolina Constitution).

 

Requested by Mr. Barney O. Smith, Legal Clerk, City of Greenville.

 

Read full opinion.

August 7, 1974

Opinion on the death penalty.

 

Requested by Ms. Linda J. Ladd, The Independent/Mail Publishing Co.

 

Read full opinion.

August 7, 1974

Opinion on whether a police officer may arrest a person who commits a misdemeanor on private property.

 

Requested by The Honorable Robert A. Green, Chief of Police, Town of St. George.

 

Read full opinion.

August 6, 1974

Opinion on the suspension of out-of-state DUI convictions (Section 46-179, 1962 Code of Laws of South Carolina).

 

Requested by The Honorable S.N. Pearman, Chief Highway Commissioner, South Carolina Highway.

 

Read full opinion.

August 6, 1974

Opinion on the minimum age qualification of law enforcement officers.

 

Requested by The Honorable Edward J. McCown, Chief of Police, Anderson

 

Read full opinion.

August 6, 1974

Opinion on the disaster planning by county and municipal government.

 

Requested by The Honorable Fred C. Craft, Director, Disaster Preparedness Agency.

 

Read full opinion.

August 6, 1974

Opinion on the constitutionality of a proposed bill affecting substantial changes in the structure/organization of the governing body of the City of Charleston (Sections 1, 9 and 10, Article VIII, South Carolina Constitution of 1895).

 

Requested by The Honorable Allen R. Carter, Chairman, Charleston County Joint Legislative Delegation.

 

Read full opinion.

August 6, 1974

Opinion on whether marriage by written contract is acceptable in South Carolina as a legitimate marriage ceremony.

 

Requested by Ms. Irene Wray, Stockton.

 

Read full opinion.

August 5, 1974

Opinion on whether the execution of a mortgage in exchange for the release of pledge stock is subject to tax (Section 65-688, Code of Laws of South Carolina).

 

Requested by Daniel R. McLeod, Jr., Esquire, McNair, Konduros, Corley, Singletary & Dibble.

 

Read full opinion.

August 5, 1974

Opinion on bench warrants.

 

Requested by The Honorable Harrison R. Swink, Judge, Cherokee County Family Court.

 

Read full opinion.

August 2, 1974

Opinion on whether or not the Division of Public Charities has the proper authority to charge a nominal fee (five dollars) to offset the administrative costs of issuing exemption letters(Section 67–95, Code of Laws of South Carolina (1962) as amended).

 

Requested by Mr. Ronald H. DeBarry, Division of Public Charities.

 

Read full opinion.

August 2, 1974

Opinion on the delivery of beer on ceded territory on Sunday (Section 4-204, South Carolina Code of Laws (1962), as amended).

 

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

 

Read full opinion.

August 1, 1974

Opinion on whether a school district may lease facilities owned by a religious organization for education of handicapped children (Section 21-295.15, South Carolina Code of Laws, 1962, as amended).

 

Requested by The Director, Office of Programs for the Handicapped.

 

Read full opinion.

August 1, 1974

Opinion on whether the provisions of cash deposits include deposits on empty draft beer barrels (Title 4, Section 202.1, Code of Laws of South Carolina).

 

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

 

Read full opinion.

July 31, 1974

Opinion on the taxation of a yacht owned by two people who live in different counties (Section 65-1643, Code of Laws of South Carolina).

 

Requested by Attorney at Law, Charleston.

 

Read full opinion.

July 31, 1974

Opinion on Section 14-350.2 of the South Carolina Code of Laws, 1962, as amended.

 

Requested by Mr. Eric P. Thompson, Director of Planning, Lower Savannah Regional Planning and Development Council.

 

Read full opinion.

July 31, 1974

Opinion on whether a town is governed by the law applicable to towns over one thousand people (Section 47-4, South Carolina Code of Laws, 1962).

 

Requested by Mrs. Marie Rogers, Clerk and Treasurer, Town of Surfside Beach.

 

Read full opinion.

July 30, 1974

Opinion on elections.

 

Requested by Mr. E. Guenther, Chairman, Charleston County Board of Registration.

 

Read full opinion.

July 29, 1974

Opinion on regulation of public water supplies (Sections 32-1202 and 32-1203 Code of Laws of South Carolina (1962) (Supp.)).

 

Requested by Mr. W.E. Stillwell, Jr., Bureau of Water Hygiene, South Carolina Department of Health and Environmental Control.

 

Read full opinion.

July 29, 1974

Opinion on a tax exemption for certain property taxes (Act 829, Acts of 1970).

 

Requested by The Charleston County Attorney.

 

Read full opinion.

July 29, 1974

Opinion on the South Carolina sales and use tax (Section 65–1401 of the South Carolina Code of Laws).

 

Requested by Ms. Linda J. Ladd, The Independent/Mail Publishing Co.

 

Read full opinion.

July 29, 1974

Opinion on primary elections (Section 23-400.71, Code of Laws of South Carolina).

 

Requested by Mr. W.M. Gerald, Attorney at Law, Varnville, SC.

 

Read full opinion.

July 29, 1974

Opinion on the usury defense by a corporate borrower (Section 8-10, 1962 Code of Laws of South Carolina, as amended).

 

Requested by The Honorable Jimmy L. Nartin, Member, South Carolina Senate.

 

Read full opinion.

July 29, 1974

Opinion on municipal election laws.

 

Requested by The Honorable Mary D. Dusenberry, Chairman, Clemson City Council.

 

Read full opinion.

July 29, 1974

Opinion on H 2963.

 

Requested by The Honorable Robert E. Kneece, Chairman, House Judiciary Committee.

 

Read full opinion.

July 29, 1974

Opinion on school discipline policy (1973 Discipline Act).

 

Requested by Dr. Henry C. Cole, Superintendent of Schools, Greenwood School District Number 50.

 

Read full opinion.

July 29, 1974

Opinion on residency requirement to run for office (Reapportionment Act; Article 3, Section 7 of the South Carolina Constitution).

 

Requested by Mr. Harold Rudnick, Aiken.

 

Read full opinion.

July 26, 1974

Opinion on intoxication in a public place (Section 16-558, 1962 Code of Laws of South Carolina, as amended).

 

Requested by Mr. J.C. Busbee, Director, Department of Public Safety, City of Aiken.

 

Read full opinion.

July 26, 1974

Opinion on change venue in a case (Section 43-131, Code of Laws of South Carolina).

 

Requested by Reese I. Joye, Jr., Esquire, North Charleston.

 

Read full opinion.

July 26, 1974

Opinion on legal age a person can become a municipal police officer in the State (Section 53-45(B)(4)(7), Code of Laws of South Carolina (1962)).

 

Requested by The Honorable R.B. Huey, Chief of Police, Lancaster.

 

Read full opinion.

July 26, 1974

Opinion on whether a handgun confiscated in an arrest must be deposited with the magistrate’s office pending trial.

 

Requested by The Honorable Jeff Brown, Spartanburg County Magistrate.

 

Read full opinion.

July 26, 1974

Opinion on whether a town council can add a fee for the collection of garbage.

 

Requested by Mr. Mickie W. Fleming, Town of Honea Path.

 

Read full opinion.

July 26, 1974

Opinion on magisterial jurisdictions (Section 43-1011, 1962 Code of Laws of South Carolina, as amended).

 

Requested by Patrolman D.E. Gibson, South Carolina Highway Department, Spartanburg.

 

Read full opinion.

July 26, 1974

Opinion on the intent to defraud involving the purchase of an automobile (Sections 10.4-403; 8-177.1; and 8-170, 1962 Code of Laws of South Carolina).

 

Requested by The Honorable Charles H. Pate, Chesterfield County Magistrate.

 

Read full opinion.

July 25, 1974

Opinion on the status of Newberry County Development Board.

 

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

 

Read full opinion.

July 25, 1974

Opinion on the status of the Sumter County Council on Alcoholism

 

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

 

Read full opinion.

July 25, 1974

Opinion on the status of Anderson County Commission on Alcohol and Drug Abuse.

 

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

 

Read full opinion.

July 25, 1974

Opinion on the South Carolina National Guard Pension Act.

 

Requested by Col. Clifton B. Wingate, Army Executive Assistant, State of South Carolina, Office of the Adjutant General.

 

Read full opinion.

July 25, 1974

Opinion on the State Employee Grievance Procedure Act (Act No. 1025).

 

Requested by Mr. Jack S. Mullins, Director, State Personnel Division.

 

Read full opinion.

 

 

July 25, 1974

Opinion on whether an employee or employer is responsible for the penalty for not filing social security returns on time.

 

Requested by Mr. Earmon R. Jones, Administrator, Jasper County General Hospital.

 

Read full opinion.

July 23, 1974

Opinion on whether the General Assembly could by statute constitutionally divide property in York County into classes for the purpose of ad valorem taxation (Article VIII of the South Carolina Constitution).

 

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

 

Read full opinion.

July 23, 1974

Opinion on the procurement of insurance contracts on state-owned buses (Section 21-840, 1962 Code of Laws of South Carolina, as amended).

 

Requested by Mr. Furman E. McEachern, Jr., Director, General Services Division, S.C. Budget and Control Board.

 

Read full opinion.

July 22, 1974

Opinion on which substances are covered under South Carolina’s Narcotics and Controlled Substances Act (Act No. 445 of 1971).

 

Requested by Mr. Clifford A. Moyer, Executive Director, South Carolina Criminal Justice Academy.

 

Read full opinion.

July 22, 1974

Opinion on School Boards (Section 21-961, Code of Laws of South Carolina).

 

Requested by Mr. Joseph W. Jenkins, Executive Director, South Carolina Optometric Association.

 

Read full opinion.

July 22, 1974

Opinion on exemptions on taxes on property (Act 993, Acts of 1972).

 

Requested by Mr. T.H. Rawl, Attorney for Lexington County.

 

Read full opinion.

July 22, 1974

Opinion on business license fees (Section 47-271, South Carolina Code of Laws).

 

Requested by Mr. Cody Owens, Office of the Mayor, Town of Whitmire.

 

Read opinion here.

July 18, 1974

Opinion on run-offs in primary elections.

 

Requested by Mr. Donald L. Fowler, Chairman, Democratic Party of South Carolina.

 

Read full opinion.

July 18, 1974

Opinion on carrying weapons in a car (Section 16-145, Code of Laws of South Carolina).

 

Requested by Mr. Robert M. McInnis, Recorder, North Myrtle Beach.

 

Read full opinion.

July 18, 1974

Opinion on the procedure to correct a birth certificate.

 

Requested by Mr. Bankston Derrick, Principal, Saluda Elementary School.

 

Read full opinion.

July 18, 1974

Opinion on dual office holding (serve on town council and as a policeman).

 

Requested by Mr. James E. Loving, Chesnee.

 

Read full opinion.

July 18, 1974

Opinion on whether management is required to collectively bargain with a union.

 

Requested by Chief Faulk, Myrtle Beach Fire Department.

 

Read full opinion.

July 15, 1974

Opinion on the procedure for testing voting machines prior to an election (Section 23-145, South Carolina Code of Laws, 1962).

 

Requested by Ben Scott Whaley, Esquire, Charleston.

 

Read full opinion.

July 12, 1974

Opinion on registration certificates (Section 23-400.80, South Carolina Code of Laws, 1962, as amended).

 

Requested by The Honorable Joseph S. Mendelsohn, Charleston Commissioners of Election.

 

Read full opinion.

July 11, 1974

Opinion on who is responsible for notifying an heir in a will of a deceased resident of South Carolina.

 

Requested by Portsmouth Public Schools, Office of Standards of Quality, Portsmouth, Virginia.

 

Read full opinion.

July 11, 1974

Opinion on whether a person who participated as a delegate at a republican party convention could run as a delegate in the Democratic primary.

 

Requested by Charles M. Gibson, Esquire, Charleston.

 

Read full opinion.

July 11, 1974

Opinion on whether or not a suspect’s consent is need for the seizure of blood alcohol analysis.

 

Requested by W.E. Wells, Lieutenant, S.C. Law Enforcement Division.

 

Read full opinion.

July 16, 1974

Opinion on the power of auxiliary policemen to arrest(Sections 17-251 and -252, South Carolina Code of Laws).

 

Requested by The Honorable W.D. Nixon, Mayor, Town of Lowndesville.

 

Read full opinion.

July 10, 1974

Opinion on an amendment to an appropriations bill regarding the purchase of insurance for employees in the State’s school districts (1974-1975 Appropriations Act).

 

Requested by Mr. Jack S. Mullins, Director, State Personnel Division.

 

Read full opinion.

July 10, 1974

Opinion on which entity is responsible for a housing issue involving migrant workers (Heath Farms or County of Charleston).

 

Requested by Mr. Robert C. Parks, Director, Division of OSHA, Department of Labor.

 

Read full opinion.

July 9, 1974

Opinion on property annexation.

 

Requested by Mr. Daul A. Sansbury, Attorney for City of Darlington.

 

Read full opinion.

July 9, 1974

Opinion on municipal election laws.

 

Requested by Mrs. Mary Dusenberry, Clemson.

 

Read full opinion.

July 3, 1974

Opinion on the right to vote in a primary election of magistrates.

 

Requested by Mr. Ben Williamson, Darlington.

 

Read full opinion.

July 3, 1974

Opinion on the definition of “solicitation” pursuant to the South Carolina Solicitation of Charitable Funds Act (Section 67-92, Code of Laws of South Carolina, 1962 as amended).

 

Requested by Mr. Ronald H. DeBarry, Division of Public Charities, South Carolina Department of State.

 

Read full opinion.

July 2, 1974

Opinion on whether or not a private landowner is absolutely liable in tort for a death by drowning in waters stored on his land by agreement with the Land Resources Commission

 

Requested by The Regional Director, Conservation Districts, Columbia.

 

Read full opinion.

July 2, 1974

Opinion on whether an indenture secured by a corporate bond issue is taxable (Section 65-688, Code of Laws of South Carolina).

 

Requested by Duncan Lennon, Tax Counsel, Duke Power Company.

 

Read full opinion.

July 2, 1974

Opinion on whether or not national banks in South Carolina Can charge an interest rate of one per cent in excess of the current discount rate under the authority of Title 12 U.S.C. § 85.

 

Requested by The Honorable Ramon Schwartz, Jr., Member, South Carolina House of Representatives.

 

Read full opinion.

July 2, 1974

Opinion on whether or not a county can abolish its present fire district system and establish a county-wide fire protection system (Section 59-601, et seq. Code of Laws of South Carolina 1962).

 

Requested by Mr. John K. DeLoach, Jr., Esquire, Attorney for Kershaw County.

 

Read full opinion.

July 2, 1974

Opinion on whether an out-of-state bank (second mortgage lender) can make loans to South Carolina citizens (Section 8-800.18, 1962 Code of Laws of South Carolina (1973 Supp.).

 

Requested by William H. McNair, Esquire, Charlotte, NC.

 

Read full opinion.

July 1, 1974

Opinion on whether a governing body or mayor of a municipality can delegate the authority they possess (Section 47-232.1, Code of Laws of South Carolina (1962) (Supp.).

 

Requested by William M. Bruner, Esquire, Myrtle Beach.

 

Read full opinion.

July 1, 1974

Opinion on the feasibility of the State Highway’s Patrol 3-5 day rule for saturation squads to setting DUI cases for trial.

 

Requested by Colonel P.F. Thompson, Commanding Officer, South Carolina State Highway Patrol.

 

Read full opinion.

June 28, 1974

Opinion on the measure of documentary stamps upon a note is the amount stated upon the face thereof (Section 65-688, 1974 South Carolina Code of Laws, as amended).

 

Requested by Joe E. Berry, Jr., Esquire, Columbia.

 

Read full opinion.

June 28, 1974

Opinion on collection and disposal of solid waste (Act bearing r #898).

 

Requested by G. Werber Bryan, Esquire, Bryan, Bahnmuller, King and Goldman, Sumter.

 

Read full opinion.

June 28, 1974

Opinion on S Bill No. 270 (capital punishment).

 

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

 

Read full opinion.

June 28, 1974

Opinion on plant operators.

 

Requested by Mr. Henry E. Gibson, Secretary-Treasurer, Board of Certification of Environmental Systems Operators.

 

Read full opinion.

June 27, 1974

Opinion on the effective date of Act 4.1333 (residential home builders).

 

Requested by The Honorable John T. Watkins, Executive Secretary, S.C. Residential Home Builders Commission.

 

Read full opinion.

June 27, 1974

Opinion on whether a school district is obligated to provide funds to an institution for the special education of a handicapped child (Section 21-295.10 et. seq., Code of Laws of South Carolina, 1962).

 

Requested by Mr. Charlie G. Williams, Deputy Superintendent for Instruction, Department of Education.

 

Read full opinion.

June 27, 1974

Opinion on what effect a tie vote has on a council.

 

Requested by Kelly F. Sier, Esquire, North Augusta.

 

Read full opinion.

June 27, 1974

Opinion on Act No. 1387 (Acts of 1972).

 

Requested by Ms. Jeannie M. Rubin, Esq., Planned Parenthood of Central South Carolina.

 

Read full opinion.

June 27, 1974

Opinion on whether the Newberry County Board of Education can appoint a physician to be designated as school physician.

 

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

 

Read full opinion.

June 26, 1974

Opinion on the validity of certain registration certificates.

 

Requested by Mrs. Eloise Kirkland, Registrar, Chairman, County Board of Bamberg County.

 

Read full opinion.

June 26, 1974

Opinion on whether the Purchasing and Property Division of the State Budget and Control Board is authorized to purchase supplies and equipment from an eleemosynary corporation.

 

Requested by Mr. Furman E. McEachern, Jr., Director, Division of General Services, Budget and Control Board.

 

Read full opinion.

June 26, 1974

Opinion on computation of annual leave.

 

Requested by Dr. Jack S. Mullins, Ph.D., Director, State Personnel Division.

 

Read full opinion.

June 26, 1974

Opinion on the purchase of property by a non-resident of South Carolina (Section 57-103, Code of Laws of South Carolina, 1962).

 

Requested by Mr. K.W. Morgan, Bermuda.

 

Read full opinion.

June 26, 1974

Opinion on dual office holding (city councilman and city recreation director).

 

Requested by Francis G. Holliday, Jr., Chester.

 

Read full opinion.

June 26, 1974

Opinion on the proposed ordinance by the Town of Bluffton to abate and remove nuisances (Section 8-1 of Article I, Chapter 6 of its general ordinances).

 

Requested by Roberts Vaux, Esquire, Hilton Head Island.

 

Read full opinion.

Schedule a Tour or Visit

Welcome to the on-line office for Attorney General Alan Wilson. Please visit the Contact Us page to stay in touch.

image description
Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

Room 519 | Columbia, S.C. 29201

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

Back to top