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.

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.

June 26, 1974

Opinion on parking on private property (Section 46-807, Code of Laws of South Carolina, 1973).

 

Requested by The Honorable Oliver S. Nealy, Chief of Police, Pickens.

 

Read full opinion.

June 25, 1974

Opinion on whether a commission has the authority to disburse federal grant monies to participating sponsors (Section 9-359, 1962 Code of Laws of South Carolina).

 

Requested by Mr. James Walker, Accountant, South Carolina Arts Commission.

 

Read full opinion.

June 25, 1974

Opinion on whether members of the City Council may contract or have other business transactions with the City (Section 47-804, Code of Laws of South Carolina, 1962).

 

Requested by Attorney at Law, Rock Hill.

 

Read full opinion.

June 25, 1974

Opinion on whether an act passed by the General Assembly (R889, H1197) impliedly repeals Section 31-3053, Code of Laws of South Carolina.

 

Requested by Mr. John P. Henry, Attorney at Law, Conway.

 

Read full opinion.

June 25, 1974

Opinion on special elections (Section 23-400, South Carolina Code of Laws, 1962, as amended).

 

Requested by Mr. Farrell Singletary, Moncks Corner.

 

Read full opinion.

June 25, 1974

Opinion on whether a clerk of court can file divorce decrees not issued by a South Carolina court.

 

Requested by The Honorable Dan E. Beasley, Clerk of Court, Darlington County.

 

Read full opinion.

June 25, 1974

Opinion on the South Carolina Speech Pathology and Audiology Law (Act No. 535, 1971 Acts and Joint Resolutions and Act No. 439, 1973 Acts and Joint Resolutions).

 

Requested by Mr. John H. Young, Jr., Columbia.

 

Read full opinion.

June 25, 1974

Opinion on the Alcoholic Beverage Control Commission and issuance of a license to sell alcoholic liquors (Section 4-27, et seq. South Carolina Code of Laws).

 

Requested by Attorney at Law, Columbia.

 

Read full opinion.

June 25, 1974

Opinion on death certificates (Section 32-1102, South Carolina Code of Laws (1962)).

 

Requested by J.M. McLendon, Esquire, Marion.

 

Read full opinion.

June 25, 1974

Opinion on the advertising and sale of hearing aids through the mail.

 

Requested by Walton J. McLeod, III, Esquire, General Counsel, Department of Health and Environmental Control.

 

Read full opinion.

June 25, 1974

Opinion on dual office holding (city councilman and state constable).

 

Requested by Mr. Felix Turner, Jr.

 

Read full opinion.

June 25, 1974

Opinion on income tax liability of Gulf Oil Corporation (Sections 56, 57 and 58 of the Internal Revenue Code of 1954).

 

Requested by The Members, S.C. Tax Commission.

 

Read full opinion.

June 24, 1974

Opinion on qualifications to become a police officer.

 

Requested by The Honorable J.L. Meggs, Chief of Police, Hemingway.

 

Read full opinion.

June 24, 1974

Opinion on H. Bill 3120.

 

Requested by The Honorable W.A. Jeter, Richland County Auditor.

 

Read full opinion.

 

 

June 24, 1974

Opinion on the application of an overpayment of income taxes to unpaid taxes (Section 65-342.2, South Carolina Code of Laws).

 

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

 

Read full opinion.

June 24, 1974

Opinion on the amendment of a statute to increase salaries paid to probate judges, masters, etc.(Article VIII, South Carolina Constitution).

 

Requested by The Honorable Isadore E. Lourie, Member, South Carolina Senate.

 

Read full opinion.

June 24, 1974

Opinion on a proposed amendment of a statute to provide for the creation of the position of Associate Judge for the Family Court for Richland County (Article V of the South Carolina Constitution).

 

Requested by The Honorable Isadore E. Lourie, Member, South Carolina Senate.

 

Read full opinion.

June 24, 1974

Opinion on whether a person’s whose driver’s license has been suspended can operate a farm tractor on the highway.

 

Requested by The Honorable C.H. Hudson, Chief of Police, York.

 

Read full opinion.

June 24, 1974

Opinion on dual office holding.

 

Requested by Mr. Robert A. Ivey, Cayce.

 

Read full opinion.

June 24, 1974

Opinion on dual office holding.

 

Requested by The Honorable Julian Dickerson, Mayor-Elect, York.

 

Read full opinion.

June 21, 1974

Opinion on whether residents of this State are entitled to a credit against their South Carolina income tax for income tax paid to the Commonwealth of Puerto Rico.

 

Requested by The Members, S.C. Tax Commission.

 

Read full opinion.

June 21, 1974

Opinion on whether apartment managers are required to be licensed by the South Carolina Real Estate Commission.

 

Requested by Mr. R.H. Baer, Jr., Commissioner, S.C. Peal Estate Commission.

 

Read full opinion.

June 21, 1974

Opinion on whether or not the school districts of Greenville County may employ its own attorney or if they are legally required to utilize the services of the County Attorney.

 

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

 

Read full opinion.

June 20, 1974

Opinion on elections (Section 23-265, South Carolina Code of Laws, 1962, as amended).

 

Requested by Mr. Delance Poston, Esquire, Johnsonville.

 

Read full opinion.

 

June 20, 1974

Opinion on money seized as evidence in a gambling ring (Section 16-507, Code of Laws of South Carolina, as amended).

 

Requested by Larry G. Thomas, Easley Police Department.

 

Read full opinion.

June 19, 1974

Opinion on whether or not a 10 year child may be sentenced to jail by a magistrate (Section 71-258, 1962 Code of Laws of South Carolina).

 

Requested by The Honorable R. A. Stephenson, Sheriff, Marion County.

 

Read full opinion.

June 19, 1974

Opinion on the setting of bond and release of persons lawfully arrested for DUI.

 

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

 

Read full opinion.

June 19, 1974

Opinion on the implementation of the Defined Minimum Program in the State’s school districts.

 

Requested by The State Superintendent of Education.

 

Read full opinion.

June 19, 1974

Opinion on which court has jurisdiction over shoplifting charges.

 

Requested by J.W. Ratliff, Recorder, City of Cheraw.

 

Read full opinion.

June 19, 1974

Opinion on DUS and DUI convictions in Circuit and County Courts, reporting to SCHD (Section 46-347, Code of Laws of South Carolina).

 

Requested by The Honorable John Grimball, Resident Judge, County Courthouse, Columbia.

 

Read full opinion.

June 19, 1974

Opinion on qualifications for bail-bond companies.

 

Requested by James I. Redfearn, Esquire, Chesterfield.

 

Read full opinion.

June 19, 1974

Opinion on establishing a Commission of Registration for elections (Section 23-114, South Carolina Code of Laws, 1962).

 

Requested by H.N. West, Esquire, Moncks Corner.

 

Read full opinion.

June 19, 1974

Opinion on the legality of a school board’s becoming a member of the South Carolina School Board Association.

 

Requested by Mr. T.H. Rawl, Law firm of Rawl, Purcell & Harman, Lexington.

 

Read full opinion.

June 18, 1974

Opinion on law concerning the hiring of policemen’ in a town having a population of 1026 persons.

 

Requested by Mr. J.L. Meggs, Chief of Police, Hemingway.

 

Read full opinion.

June 18, 1974

Opinion on whether or not the family of the victim of a crime has the legal right to have private counsel participate with a circuit solicitor in the criminal trial.

 

Requested by John Roy Harper, II, Esquire, Columbia.

 

Read full opinion.

June 18, 1974

Opinion on whether or not a school district may lawfully use for another purpose State aid funds appropriated to supplement teacher salaries.

 

Requested by Mr. George W. Lebby, Principal, North District Schools.

 

Read full opinion.

June 18, 1974

Opinion on whether the drunk driving statute is applicable to bicycles (Section 46-343, 1962 Code of Laws of South Carolina; Section 46-452, 1982 Code of Laws of South Carolina).

 

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

 

Read full opinion.

June 18, 1974

Opinion on publication of a list of delinquent property tax owners and amounts owed.

 

Requested by The Honorable Franklin R. Clark, Councilman, Town of Clover.

 

Read full opinion.

June 18, 1974

Opinion on voting by absentee ballot (Section 23-449.41, South Carolina Code of Laws, 1962, as amended).

 

Requested by Mr. Luther M. Hurdt, Anderson.

 

Read full opinion.

June 18, 1974

Opinion on unlawful drug violations, jurisdiction of magistrates and municipal courts.

 

Requested by Lt. James K. Wilson, S.C. Law Enforcement Division.

 

Read full opinion.

June 18, 1974

Opinion on a seizure and forfeiture (Section 32-1510.64:1, South Carolina Code of Laws).

 

Requested by Lt. Harry E. Phillips, Lexington County Sheriff’s Department.

 

Read full opinion.

June 18, 1974

Opinion on special elections.

 

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

 

Read full opinion.

June 17, 1974

Opinion on the Hatch Act relating to state employees who wish to become candidates for office.

 

Requested by The Honorable Richard Towill Hines, Member, South Carolina House of Representatives.

 

Read full opinion.

June 17, 1974

Opinion on the interpretation of the phrase “other lending agencies” in Section 8-233 (1962 Code of Laws of South Carolina).

 

Requested by Mr. William E. Renouf, Vice President, Pacific Finance Loans, Atlanta.

 

Read full opinion.

June 17, 1974

Opinion on the Sunday Closing Law (Section 64-6, 1962 South Carolina Code of Laws).

 

Requested by The Honorable William W. Doar, Jr., Member, South Carolina Senate.

 

Read full opinion.

June 17, 1974

Opinion on dual office holding (Commissioner of the SC State Human Affairs Commission and candidate for political office).

 

Requested by Commissioner George D. Hamilton, S.C. Commission on Human Affairs.

 

Read full opinion.

June 16, 1974

Opinion on the purchase of real property (Act No. 958 of 1966).

 

Requested by Mr. Henry F. Watts, Commissioner, South Carolina Commission for the Blind.

 

Read full opinion.

June 15, 1974

Opinion on the contempt powers of the circuit court.

 

Requested by The Honorable David W. Harwell, Judge, 12th Judicial Circuit.

 

Read full opinion.

June 14, 1974

Opinion on the taxation of condominiums.

 

Requested by The Honorable J. Clint McClain, Anderson County Auditor.

 

Read full opinion.

June 14, 1974

Opinion on the powers of the Richland County Recreation Commission (Act No. 673 of 1960).

 

Requested by Mr. Michael L. Harlan, Superintendent of Recreation.

 

Read full opinion.

June 13, 1974

Opinion on the Meat and Meat Food Regulations and Inspection Law (Section 6-611, et seq., Code of Laws of South Carolina (1962)).

 

Requested by The Honorable Charles E. Hodges, Member, South Carolina House of Representatives.

 

Read full opinion.

June 13, 1974

Opinion on application for marriage license (Section 20-24.5, Code of Laws of South Carolina, as amended).

 

Requested by The Honorable A. Ray Hinnant, Judge of Probate, Richland County.

 

Read full opinion.

June 13, 1974

Opinion on the boundaries of the St. Andrews precinct (Act No. 558 of 1967).

 

Requested by The Honorable C.M. Rye, Magistrate, Dutch Fork District.

 

Read full opinion.

June 13, 1974

Opinion on retirement service credit (Section 61-76, South Carolina Code of Laws).

 

Requested by Mr. David E. Turnipseed, Spartanburg.

 

Read full opinion.

June 12, 1974

Opinion on residency requirements to run for office (Section 23-396, South Carolina Code of Laws).

 

Requested by The Honorable Paul Foster, Chairman, Democratic Party of Greenville County.

 

Read full opinion.

June 12, 1974

Opinion on disposition of an estate when the individual dies without leaving a will (Section 19-52, Code of Laws of South Carolina).

 

Requested by Miss Fay McKinley, Clinton.

 

Read full opinion.

June 12, 1974

Opinion on the free tuition eligibility for children of qualified veterans (Section 22-56, Code of Laws of South Carolina (1962)).

 

Requested by The Director, South Carolina Department of Veterans Affairs.

 

Read full opinion.

June 12, 1974

Opinion on tort liability relating to a municipally-owned utility engaged in business for a profit.

 

Requested by Mr. C. Walker Limehouse, Esquire, Attorney for the City of Orangeburg.

 

Read full opinion.

June 12, 1974

Opinion on the legality of a local School Board’s becoming a member of the S.C. School Board Association

 

Requested by Rawl, Purcell & Harman, Lexington.

 

Read full opinion.

June 11, 1974

Opinion on dual office holding (serve as a police officer and a mayor).

 

Requested by Mr. Norwood Davis, Pinewood.

 

Read full opinion.

June 11, 1974

Opinion on the legality of a precinct’s facilities serving as a polling place for another precinct that doesn’t have a polling place (South Carolina Constitution, Article 2, Section 4, and Sections 23-211 and 23-213, South Carolina Code of Laws, 1962, as amended).

 

Requested by Joe Mendelsohn, Esquire, Charleston.

 

Read full opinion.

June 10, 1974

Opinion on whether or not it is a violation of State law for a person to deposit trash alongside trash depositories located on highway rights-of-way (Section 16–396, 1962 Code of Laws of South Carolina, as amended).

 

Requested by The Honorable James R. Metts, Sheriff, and Charles S. Coleman, County Engineer, Lexington County.

 

Read full opinion.

June 10, 1974

Opinion on whether a county manager can continue to hold the office after the expiration of his term and in the absence of the appointment and qualification of a successor (Section 14–1667.1, South Carolina Code of Laws, 1962, as amended).

 

Requested by The Honorable Edward E. Saleeby, Member, South Carolina Senate and The Honorable A. Lee Chandler, Member, South Carolina House of Representatives.

 

Read full opinion.

June 10, 1974

Opinion on whether or not a bank under certain circumstances has to qualify to do business in this State (Section 12-23.1, Code of Laws of South Carolina (1962) (Supp.))

 

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

 

Read full opinion.

June 7, 1974

Opinion on recall legislation.

 

Requested by Mr. Peter J. Cottrell, North Augusta.

 

Read full opinion.

June 7, 1974

Opinion on the legality of distress warrants (Sections 41-151 through 41-153, Code of Laws of South Carolina (1962) (Supp)).

 

Requested by The Honorable Michael R. Daniel, Member, South Carolina House of Representatives.

 

Read full opinion.

June 7, 1974

Opinion on whether it is possible for the United States to unilaterally retrocede jurisdiction over Federal lands to South Carolina.

 

Requested by T.S. Watt, Chief Attorney, South Carolina Veterans Administration.

 

Read full opinion.

June 7, 1974

Opinion on the authority of a magistrate to handle cases made under ordinances of the Sullivan’s Island Board of Township Commissioners.

 

Requested by Mr. Edward D. Buckley, Attorney for the Board of Township Commissioners for Sullivan’s Island.

 

Read full opinion.

June 7, 1974

Opinion on tort liability.

 

Requested by Mr. William L. McDowell, Jr., Deputy Director, South Carolina Department of Archives and History.

 

Read full opinion.

June 6, 1974

Opinion on the requirement of documentary stamps on mortgages (Section 65-688, 1962 South Carolina Code of Laws, as amended).

 

Requested by Gene V. Pruet, Esquire, Columbia.

 

Read full opinion.

June 6, 1974

Opinion on the right of married women in South Carolina to retain their own surnames (Section, 48-51, South Carolina Code of Laws, 1962, as amended).

 

Requested by Ms. Victoria L. Eslinger, Legal Aid Service Agency.

Read full opinion.

June 5, 1974

Opinion on whether a probate judge can issue an order providing for the disposition of a body when family members cannot agree on the location of burial services.

 

Requested by The Honorable Dennis Lloyd, Judge of Probate, Darlington County.

 

Read full opinion.

June 5, 1974

Opinion on the payment by Greenville County of funds to compensate an individual who is appointed by the Governor as a constable.

 

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

 

Read full opinion.

June 5, 1974

Opinion on dual office holding (state employee and offer as a candidate for the House of Representatives).

 

Requested by Mr. Grady A. Decell, Director, S.C. Department of Youth Services.

 

Read full opinion.

June 5, 1974

Opinion on whether the Family Court of Orangeburg County must report to the State Highway Department the traffic offenses of juveniles over which it has jurisdiction.

 

Requested by Mr. Autie W. Smoak, The Family Court of Orangeburg County.

 

Read full opinion.

June 5, 1974

Opinion on Act 417 which establishes a Regional Transportation Authority.

 

Requested by Mr. Donald R. Hinson, Executive Director, Appalachian Council of Governments.

 

Read full opinion.

June 5, 1974

Opinion on whether entry of a new senatorial candidate if a candidate has withdrawn also applies to candidates for the House of Representatives (South Carolina Code of Laws, 1962, as amended, Section 23–396).

 

Requested by The Research Director, S.C. Republican Party.

 

Read full opinion.

June 5, 1974

Opinion on whether documentary stamps are required on a construction loan (Section 65–688 of the South Carolina Code of Laws as amended in 1974).

 

Requested by Mr. J.W. Lawson, Director, License Tax Division, South Carolina Tax Commission.

 

Read full opinion.

June 4, 1974

Opinion on property law.

 

Requested by Mr. J.W. Hudson, Chairman, Fourth District.

 

Read full opinion.

June 4, 1974

Opinion on county boundary lines.

 

Requested by The Honorable John I. Rogers, III, Member, South Carolina House of Representatives.

 

Read full opinion.

June 4, 1974

Opinion on annual leave accumulation when state employees change state agencies.

 

Requested by The Honorable J. Henry Mills, Comptroller General.

 

Read full opinion.

June 4, 1974

Opinion on the rules regarding picket lines in South Carolina.

 

Requested by Rev. Thomas J. Moore, Marion.

 

Read full opinion.

June 3, 1974

Opinion on dual office holding (member of a county school board of trustees and a State employee).

 

Requested by Mr. George S. Jordan, Chairman, Board of Trustees, Florence School District No. 1.

 

Read full opinion.

June 2, 1974

Opinion on warrantless arrests for DUIs at the scene of accident.

 

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

 

Read full opinion.

May 31, 1974

Opinion on the validity of Section 44-602, Code of Laws of South Carolina, 1962.

 

Requested by Mr. David M. Eldridge, National Service Officer, V.A. Regional Office.

 

Read full opinion.

May 31, 1974

Opinion on whether a teacher may lawfully deprive a child of his lunch as a means of punishment (Article I, Section 5 of the South Carolina Constitution; Article IV of the U.S. Constitution).

 

Requested by Ms. Thomasina F. Orr, Columbia.

 

Read full opinion.

May 30, 1974

Opinion on a proposed agreement by the Lexington County School District No. 1 regarding the purchase of insurance annuity contracts for their employees (Section 61-461, South Carolina Code of Laws).

 

Requested by Mr. T.H. Rawl, Jr., Rawl, Purcell & Harman, Lexington.

 

Read full opinion.

May 30, 1974

Opinion on whether or not motorcycle racing is prohibited on Sundays (Section 64-1, South Carolina Code of Laws, 1962).

 

Requested by The Honorable David S. Taylor, Member, South Carolina Senate.

 

Read full opinion.

May 29, 1974

Opinion on whether or not a municipality may create a Planning Commission an allow elected officials to serve on the commission in lieu of appointing commission members.

 

Requested by Mr. Chris Trabookis, Planning Director, Appalachian Council of Governments.

 

Read full opinion.

May 29, 1974

Opinion on the present status of South Carolina’s abortion laws.

 

Requested by Dr. Bugh H. Wells, Seneca.

 

Read full opinion.

May 28, 1974

Opinion on whether Greenville County may make an appropriation to their County Council for Community Actions, Inc.

 

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

 

Read full opinion.

May 28, 1974

Opinion on the conflict between House Rule 3.4 and Section 30-52.1 of the Code of Laws of South Carolina (1962), as amended.

 

Requested by The Honorable W. Brantley Harvey, Jr., Chairman, Rule Committee, South Carolina House of Representatives.

 

Read full opinion.

May 28, 1974

Opinion on termination of pregnancy for female inmates.

 

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

 

Read full opinion.

May 28, 1974

Opinion on whether written notice to property owners is required when property value is increased by a sum greater than One Hundred Dollars (Section 15 of Act 541, Acts of 1969).

 

Requested by The Honorable Lionel West, Lancaster County Tax Assessor.

 

Read full opinion.

May 27, 1974

Opinion on alcohol consumption after 2 a.m. on the premises of business establishments

 

Requested by Mr. Donald B. Barkowitz, Attorney at Law, Charleston.

 

Read full opinion.

May 27, 1974

Opinion on whether Highway Commissioners are eligible to become members of the State Retirement System.

 

Requested by Mr. W.T. Brooks, Secretary-Treasurer, State Highway Department.

 

Read full opinion.

May 27, 1974

Opinion on the legal status of the Lugoff Fire District Commission.

 

Requested by Mr. John K. de Loach, Jr., Attorney at Law, Camden.

 

Read full opinion.

May 27, 1974

Opinion on House Bill No. 2902.

 

Requested by The Honorable Carroll A. Campbell, Jr., First Vice-Chairman, Medical, Military, Public and Municipal Affairs Committee, South Carolina House of Representatives.

 

Read full opinion.

May 27, 1974

Opinion on whether the Town of North could require a license for a private club.

 

Requested by The Honorable M.E. Livingston, Mayor, Town of North.

 

Read full opinion.

May 24, 1974

Opinion on taxes (Section 47, 241, Code of Laws of South Carolina).

 

Requested by Attorney at Law, Anderson.

 

Read full opinion.

May 24, 1974

Opinion on distributing campaign literature in shopping centers, parking lots and other private areas.

 

Requested by Mr. Carlos W. Gibbons, Columbia.

 

Read full opinion.

May 24, 1974

Opinion on a proposed millage increase for the Town of Honea Path (Section 47-241, Code of Laws of South Carolina).

 

Requested by Barry W. Knobel, Esquire, Anderson.

 

Read full opinion.

May 24, 1974

Opinion on whether or not a non-resident may serve as the administrator of the estate of a South Carolina decedent Sections 19-591 through Section 19-600, Code of Laws of South Carolina (1962), as amended).

 

Requested by Mr. L.W. Griffin, North Augusta.

 

Read full opinion.

May 24, 1974

Opinion on the constitutionality of H-3069.

 

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

 

Read full opinion.

May 23, 1974

Opinion on right of way easement granted to a utility company (Section 1-49.3, Code of Laws of South Carolina (1962)).

 

Requested by Dr. William S. Hall, Commissioner, South Carolina Department of Mental Health.

 

Read full opinion.

May 23, 1974

Opinion on the Hatch Act regarding a State employee running for mayor of a city.

 

Requested by Division of Administration.

 

Read full opinion.

May 23, 1974

Opinion on absentee ballots in elections.

 

Requested by Mr. C.D. Bolt, Great Falls.

 

Read full opinion.

May 22, 1974

Opinion on contract bids.

 

Requested by The Honorable Newton F. Walker, Superintendent, South Carolina School for the Deaf and the Blind.

 

Read full opinion.

May 22, 1974

Opinion on whether a magistrate must resign his office in order to file for and run for a seat in the House of Representatives of SC.

 

Requested by The Honorable Raul M. Moore, Member, South Carolina Senate.

 

Read full opinion.

May 21, 1974

Opinion on the legal age to be appointed deputy sheriff. .

 

Requested by D. Glenn Yarborough, Esquire, Lancaster.

 

Read full opinion.

May 21, 1974

Opinion on elections (filing period for office).

 

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

 

Read full opinion.

May 21, 1974

Opinion on term of service on a school board where the position has changed from an appointive one to an elected one (Act 397 of 1973 (58) 692, Section 2; Section 1A of Act 340 of 1967).

 

Requested by The Honorable Gerald A. Kaynard, Trustee, District #20 Charleston County.

 

Read full opinion.

May 21, 1974

Opinion on good conduct credit awarded to Horry County prisoners (1971-72 Ops. Att’y Gen., page 278).

 

Requested by The Honorable Julian Richardson, Chairman, Horry County Board of Commissioners.

 

Read full opinion.

May 21, 1974

Opinion on the constitutionality of House Bill 2875.

 

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

 

Read full opinion.

May 20, 1974

Opinion on the Funeral Service Act (Sections 56-662 and -665, Code of Laws of South Carolina).

 

Requested by Mrs. Faye A. Jackson, Dillon.

 

Read full opinion.

May 20, 1974

Opinion on whether a detective agency can establish a correspondence school (Sections 21-750, Code of Laws of South Carolina, et seq. (cumulative supplement, (1962))).

 

Requested by Mr. A.B. Miles, President, Blackstone Detective Agency.

 

Read full opinion.

May 20, 1974

Opinion on the constitutionality of a municipal resolution forbidding door-to-door selling or canvassing.

 

Requested by The Honorable Dan Bridges, Mayor, Town of Duncan.

 

Read full opinion.

May 20, 1974

Opinion on whether or not an individual can legally be charged with two counts of disorderly conduct (grossly intoxicated condition and using obscene or profane language) (Section 16-558, 1962 Code of Laws of South Carolina).

 

Requested by The Honorable Archie Chandler, Magistrate, St. Charles.

 

Read full opinion.

May 20, 1974

Opinion on whether the SC Secretary of State should issue a charter to the Board of Township Commissions for Sullivan’s Island (Act of 1906, Title 47 of the Code of Laws for South Carolina, 1962).

 

Requested by Mr. Edward D. Buckley, Esquire, Charleston.

 

Read full opinion.

May 20, 1974

Opinion on whether or not 57 STAT. 2742 (1972) will affect the Office of Sheriff relating to the hiring and firing of employees (Section 1 of the Act).

 

Requested by The Honorable Paul D. Grant, Sheriff, Aiken County.

 

Read full opinion.

May 20, 1974

Opinion on a proposed bid by a company to the Charleston County Hospital (Section 1-466, Code of Laws of South Carolina, 1962).

 

Requested by Honorable Ben Scott Whaley, Charleston.

 

Read full opinion.

May 20, 1974

Opinion on dual office holding (State employee and appointed to the Commissioners of Miection for Calhoun County).

 

Requested by The Honorable L. Marion Gressette, President Pro Tempore, South Carolina Senate.

 

Read full opinion.

May 17, 1974

Opinion on mini bottles tax (Act 1063, Acts of 1972, as amended by Act 213, Acts of 1973).

 

Requested by Mr. Russell B. Shetterly, The Executive Director, South Carolina Association of Counties.

 

Read full opinion.

May 17, 1974

Opinion on transportation of alcoholic liquors with broken seal.

 

Requested by The Honorable A.M. McDllister, Chief of Police, Ware Shoals.

 

Read full opinion.

May 17, 1974

Opinion on whether or not a bank can purchase retail installment contracts under the Motor Vehicle Sales Finance Act (Section 8-233, 1962 Code of Laws of South Carolina (1973 Supp.)).

 

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

 

Read full opinion.

May 17, 1974

Opinion on whether an officer can lawfully arrest a defendant for a DUI at the scene of the accident without a warrant when the offense was not committed in the officer’s presence.

 

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

 

Read full opinion.

May 16, 1974

Opinion on whether federal funds given to a state agency may be expended for other purposes than which they were specifically requested.

 

Requested by A Commissioner, S.C. Vocational Rehabilitation Department.

 

Read full opinion.

May 16, 1974

Opinion on the constitutionality of legislation on the county form of government for Allendale County (Article VIII, Section 7, South Carolina Constitution)

 

Requested by A Member, South Carolina House of Representatives.

 

Read full opinion.

May 16, 1974

Opinion on whether Greenville Hospital may lawfully convey by gift real property to the State (Section 5(19) of Act No. 432 of 1947, as amended by Act No. 1285 of 1966).

 

Requested by The Honorable J. Verne Smith, Member, South Carolina Senate.

 

Read full opinion.

May 15, 1974

Opinion on whether Section 23-256, South Carolina Code of Laws is applicable to procedures for organization of new political clubs.

 

Requested by The Honorable James B. Edwards, Member, South Carolina Senate.

 

Read full opinion.

May 15, 1974

Opinion on whether annual registration fees are required with respect to inoperable aircraft (Act 1464 of 1972).

 

Requested by Mr. Jack Barry, S.C. Aeronautics Commission.

 

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May 15, 1974

Opinion on the constitutionality of House Bill No. 2875.

 

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

 

Read full opinion.

May 15, 1974

Opinion on who has the authority in fixing a special election date to fill a vacancy in the House of Representatives (Section 23-2(2), South Carolina Code of Laws).

 

Requested by The Speaker, South Carolina House of Representatives.

 

Read full opinion.

May 15, 1974

Opinion on whether a mortgage held by the Federal Land Bank is not subject to documentary taxation.

 

Requested by The Honorable Allen D. Coleman, Laurens County Treasurer.

 

Read full opinion.

May 14, 1974

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

 

Requested by The Director, South Carolina Court Administration.

 

Read full opinion.

May 14, 1974

Opinion on whether a portable tobacco barn is considered a building within the meaning of Act 806, Acts of 1964.

 

Requested by The Honorable Robert S. Floyd, Florence County Tax Assessor.

 

Read full opinion.

May 14, 1974

Opinion on Act No. 823 (permits person to bring beer and wine into this state from another state).

 

Requested by Mr. J.W. Lawson, Director, License Tax Division, S.C. Tax Commission.

 

Read full opinion.

May 14, 1974

Opinion on whether Section 64-6 of the Code of Laws of South Carolina applies to independent wood producers from working on Sunday.

 

Requested by The Honorable William M. Doar, Jr., Member, South Carolina Senate.

 

Read full opinion.

May 14, 1974

Opinion on dual office holding (school board attorney, city attorney and member of the County Board of Elections).

 

Requested by Frank E. Cain, Jr., Esquire, Bennettsville.

 

Read full opinion.

May 14, 1974

Opinion on the definition of “police officers” (Section 46-246, South Carolina code of Laws of 1962, as amended).

 

Requested by Mr. John W. Sowell Jr., Pageland.

 

Read full opinion.

May 14, 1974

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

 

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

 

Read full opinion.

May 13, 1974

Opinion on trial dates for DUI cases.

 

Requested by Captain Jack Timmerman, State Highway Patrol.

 

Read full opinion.

May 13, 1974

Opinion on whether the Greenville County Council may levy a business license tax on businesses operating within the County (Section 9(e) of Act 573, Acts of 1967).

 

Requested by The Greenville County Attorney.

 

Read full opinion.

May 10, 1974

Opinion on the qualifications to run for magistrate and residency requirements to run for office (Article 17, Section 1(a), South Carolina Constitution).

 

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

 

Read full opinion.

May 9, 1974

Opinion on whether a municipality has the authority to create an auxiliary police force in the Town of Westminster.

 

Requested by Mr. Julian L. Stoudemire, Attorney for the City of Westminster.

 

Read full opinion.

May 9, 1974

Opinion on the pursuit of violators by municipal police.

 

Requested by The Honorable Oliver A. Nealy, Chief of Police, Pickens.

 

Read full opinion.

May 9, 1974

Opinion on the waiver of fees and cost in a divorce action (Act No. 1476 of 1972).

 

Requested by Honorable Nildred R. Harmon, Clerk of Court, Newberry County.

 

Read full opinion.

May 9, 1974

Opinion on whether Lee County needs a commitment from the State Department of Education to pay the loan taken by Lee County to complete construction on Bishopville Primary School.

 

Requested by Mr. W.M. Ellen, Treasurer of Lee County.

 

Read full opinion.

May 9, 1974

Opinion on dual office holding (State employee and be appointed to the Election Commission for Calhoun County).

 

Requested by The Honorable L. Marion Gressette, President Pro Tempore, South Carolina Senate.

 

Read full opinion.

May 9, 1974

Opinion on maternity leave for vending stand operators.

 

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

 

Read full opinion.

May 8, 1974

Opinion on foreign nurses (Nurse Practice Act).

 

Requested by Mr. Lachlan L. Hyatt, Chairman, Health Policy and Planning Council, S.C. Department of Health and Environmental Control.

 

Read full opinion.

May 8, 1974

Opinion on raising the bond indebtedness in Spartanburg County (Acts No. 57, 30, 1971 Acts).

 

Requested by The Honorable Thomas Moore Craig, Jr., Member, South Carolina House of Representatives.

 

Read full opinion.

May 8, 1974

Opinion on elections (Section 23-400.71, South Carolina Code of Laws, 1962, as amended).

 

Requested by The Chairman, Democratic Party of South Carolina.

 

Read full opinion.

May 8, 1974

Opinion on whether or not a dog is personal property that can be the subject of larceny or civil damages.

 

Requested by The Honorable Ed Garrison, Member, South Carolina Senate.

 

Read full opinion.

May 8, 1974

Opinion on whether Section 65-1643 of the Code provides that vehicles used in business are to be taxed where they are situated.

 

Requested by Mr. James R. Thompson, Esq., Attorney for Cherokee County.

 

Read full opinion.

May 7, 1974

Opinion on whether dentists can use acupuncture in their practice.

 

Requested by The S.C. State Board of Dentistry.

 

Read full opinion.

May 7, 1974

Opinion on No-Fault Insurance Bill (Senate Bill 371).

 

Requested by The Honorable J. Ralph Gasque, Member, South Carolina Senate.

 

Read full opinion.

May 6, 1974

Opinion on assisting voters in the preparation of their ballot (Section 23-400.56, South Carolina Code of Laws, 1962, as amended).

 

Requested by The Honorable D. Cravens Ravenel, Commissioner, Richland County Election Commission.

 

Read full opinion.

May 6, 1974

Opinion on whether a bank can terminate their responsibility to a trust without court approval.

 

Requested by N. Heyward Clarkson, III, Esquire, Rainey, Fant & McKay, P.A., Greenville.

 

Read full opinion.

May 6, 1974

Opinion on S.C. State Commission of Forestry’s Personnel Policy No. 200.

 

Requested by Mr. John R. Tiller, State Forester, S.C. State Commission of Forestry.

 

Read full opinion.

May 6, 1974

Opinion on whether a county could be compelled to provide a supplement to the State appropriation (Public Defender Corporation of Marion County).

 

Requested by Malcolm C. Woods, Jr., Esquire, Marion.

 

Read full opinion.

May 3, 1974

Opinion on the application of Section 65–256.1 of the Code regarding a credit against the income tax of public service corporations.

 

Requested by the S.C. Tax Commission Members.

 

Read full opinion.

May 2, 1974

Opinion on whether a municipal court judge has statutory authority to conduct preliminary examinations.

 

Requested by Mr. Neal Forney, Director, Judicial Education, University of South Carolina.

 

Read full opinion.

May 2, 1974

Opinion on a proposed tax increase.

 

Requested by The Honorable Thelma Barber, Clerk, Town of Jackson.

 

Read full opinion.

May 2, 1974

Opinion on dual office holding (policeman and Commissioner of Public Works).

 

Requested by The Honorable Cody Owens, Mayor of Whitmire.

 

Read full opinion.

May 1, 1974

Opinion on lowering the minimum age of admission to the S.C. Opportunity School (Section 21-757, et seq., Code of Laws of South Carolina (1962)).

 

Requested by The Director, S.C. Opportunity School.

 

Read full opinion.

May 1, 1974

Opinion on a proposed agreement between the Town of Allendale and the Allendale Industrial Park Water and Sewerage District (Act No. 227, 53 STAT. 256 (1963)).

 

Requested by Thomas O. Lawton, Jr., Esquire, Attorney for the Town of Allendale.

 

Read full opinion.

May 1, 1974

Opinion on whether a State Senator can proceed with a proposed city-county merger without any recommendations from the local government study committee (Article 8 of the South Carolina Constitution).

 

Requested by The Honorable Nyman Rubin, Member, South Carolina Senate.

 

Read full opinion.

April 30, 1974

Opinion on the authority to license nursing technicians.

 

Requested by The State Board of Nursing for South Carolina.

 

Read full opinion.

April 30, 1974

Opinion on the effective date for the payment increase in salary as provided by Act No. R-984.

 

Requested by Mr. Pelix L. Finley, Jr., Attorney for Pickens County.

 

Read full opinion.

April 29, 1974

Opinion on the effect of Act No. 926 of 1974 authorizing county governing bodies to alter boundaries of special purpose districts.

 

Requested by The Greenville County Attorney.

 

Read full opinion.

April 29, 1974

Opinion on police dogs used during routine city patrols.

 

Requested by The Honorable M.H. McDonald, Assistant Chief of Police, Georgetown Police Department.

 

Read full opinion.

April 26, 1974

Opinion on whether there is a State law prohibiting the placement of a soft drink machine upon any public school campus.

 

Requested by Mr. Oliver Barnes, Jr., President, Student Council, Walterboro Senior High School.

 

Read full opinion.

April 26, 1974

Opinion on whether an alien or non-citizen can be appointed to serve on a Board or Commission (Sections 59-2 and 59-3, Code of Laws of South Carolina, as amended)..

 

Requested by The Honorable William W. Doar, Jr., Member, South Carolina Senate.

 

Read full opinion.

April 25, 1974

Opinion on who has the authority to appoint an interim Family Court Judge in Greenville County (Section 15-1095.3(d), Code of Laws of South Carolina (1962)).

 

Requested by James D. Calmes, III, Esquire, Attorney at Law, Legal Services Agency of Greenville County, Inc.

 

Read full opinion.

April 25, 1974

Opinion on the interpretation of the term “legal age” for the State accountancy examination (Section 56-12, S.C. Code of Laws, as amended).

 

Requested by Mr. John S. Herin, South Carolina Board of Accountancy.

 

Read full opinion.

April 24, 1974

Opinion on whether the Pee Dee Electric Co-operative, Inc. is a manufacturer (Section 65-1661 of the Code of Laws of South Carolina).

 

Requested by The Auditor, Newberry County.

 

Read full opinion.

April 23, 1974

Opinion on whether a purchaser of electricity that resells the same is not a manufacturer (Section 65-1661, Code of Laws of South Carolina).

 

Requested by Mr. Robert L. Kilgo, Esquire, Darlington.

 

Read full opinion.

April 23, 1974

Opinion on whether or not an employee is in violation of the Commission of Forestry’s published personnel policies regarding political activity.

 

Requested by John R. Tiller, State Forester, South Carolina State Commission of Forestry.

 

Read full opinion.

April 23, 1974

Opinion on whether or not the original appointment of a notary public who has obtained a change of name is valid (Section 49-6.1, Code of Laws of South Carolina).

 

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

 

Read full opinion.

April 22, 1974

Opinion on whether the General Assembly has authority to exempt from taxation property owned by a mutual eleemosynary corporation (Chapter 12, Title 12 of the 1962 Code of Laws).

 

Requested by The Honorable Jewel Baskin, Member, South Carolina House of Representatives.

 

Read full opinion.

April 22, 1974

Opinion on ownership of church property.

 

Requested by The Honorable T. Travis Medlock, Member, South Carolina Senate.

 

Read full opinion.

April 22, 1974

Opinion on whether or not assistant solicitors are entitled to charge the State for their services during a trial in a magistrate’s court in addition to their salary (Act No. 611 of 1973 Acts and Joint Resolutions, Section 1-260).

 

Requested by William E. Winter, Jr., Esquire, Hall, Hall and Daniel.

 

Read full opinion.

April 22, 1974

Opinion on proposed bill 00868.

 

Requested by Mr. Dan Dobbins, South Carolina Parks, Recreation and Tourism.

 

Read full opinion.

April 22, 1974

Opinion on dual office holding (National Executive Committeewoman and a delegate to the national convention (Rule 33 of the Supreme Court of South Carolina, Code of Judicial Conduct).

 

Requested by The Honorable Walter N. Lawson.

 

Read full opinion.

April 22, 1974

Opinion on the interpretation of recently passed Act R-1015 regarding acupuncture.

 

Requested by Mr. J. Richard Coney, Chief, Bureau of Health Facilities and Services, S.C. Department of Health and Environmental Control.

 

Read full opinion.

April 19, 1974

Opinion on a proposed bill to fill a vacancy on the Florence County Council (Article VIII of the South Carolina Constitution).

 

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

 

Read full opinion.

April 19, 1974

Opinion on dual office holding (senior staff dentist, Veterans hospital and member of the Lexington School District Number One Board of Trustees).

 

Requested by J. Gray Macaulay, D.D.S., West Columbia.

 

Read full opinion.

April 19, 1974

Opinion on whether the State can establish a State Museum with a percentage of the proceeds derived paid to a private individual.

 

Requested by Dr. Robert L. Stephenson, Director and State Archaeologist, Institute of Archaeology and Anthropology, University of South Carolina.

 

Read full opinion.

April 19, 1974

Opinion on whether the powers given to the Florence City-County Agricultural Commission is violative of the constitutional prohibition against special legislation (Section 3-267, et al., Code of Laws of South Carolina).

 

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

 

Read full opinion.

April 18, 1974

Opinion on proposed 1974 Senate Bill No. 835 relating to the Division of General Services to offer insurance plans to small hospitals containing Tort and Workmen’s Compensation coverage.

 

Requested by Mr. Furman E. McEachern, Jr., Division of General Services.

 

Read full opinion.

April 18, 1974

Opinion on whether or not the Riverbanks Zoological Park is subject to admission tax.

 

Requested by Mr. J.W. Lawson, Director, License Tax Division, South Carolina Tax Commission.

 

Read full opinion.

April 18, 1974

Opinion on dual office holding (county auditor and magistrate).

 

Requested by The Honorable Tom DuBose, Lee County Magistrate.

 

Read full opinion.

April 18, 1974

Opinion on service charges imposed by the Spartanburg Sanitary Sewer District (Act No. 1503 of 1970).

 

Requested by Mr. N. David Massey, Attorney for the Spartanburg Sanitary Sewer District.

 

Read full opinion.

April 18, 1974

Opinion on the operation of motor race tracks on Sundays in Lexington County.

 

Requested by Mr. Christopher Gintz, Administrative Officer, Sheriff’s Department, Lexington County.

 

Read full opinion.

April 16, 1974

Opinion on property taxes involving land owned by a university and leased to private persons (Sections 22-205 and 65-1522, South Carolina Code of Laws).

 

Requested by Mr. Michael L. Horton, Mapping Office Supervisor, Jasper County Tax Assessor.

 

Read full opinion.

April 16, 1974

Opinion on whether a woman who owns property in one county, has remarried and resides with her husband in another county, can apply for the homestead exemption in both counties.

 

Requested by The Honorable Evelyn W. McMillan, Bamberg County Auditor.

 

Read full opinion.

April 16, 1974

Opinion on dual office holding (councilman and offering as a candidate for mayor).

 

Requested by Mr. C.D. Bolt, Great Falls Town Hall.

 

Read full opinion.

April 16, 1974

Opinion on liability in a workmen’s compensation case (Section 72-107, Code of Laws of South Carolina).

 

Requested by The Honorable Paul M. MacMillan, Jr., Commissioner, S.C. Industrial Commission.

 

Read full opinion.

April 16, 1974

Opinion on the manner in which certain funds of the Parks, Recreation and Tourism Commission may be used (No. 234).

 

Requested by The Honorable Fred P. Brinkman, Executive Director, Department of Parks, Recreation and Tourism.

 

Read full opinion.

April 15, 1974

Opinion on the disposition of property used as a summer camp.

 

Requested by Dr. Charlie G. Williams, Deputy Superintendent for Instruction.

 

Read full opinion.

April 15, 1974

Opinion on whether or not volunteer workers with the city are covered under Workmen’s Compensation (Section 47.41(a) Larson’s Workmen’s Compensation Law).

 

Requested by Mr. J. Henry Chapman, City Clerk and Treasurer, City of Greenville.

 

Read full opinion.

April 11, 1974

Opinion on whether or not the minimum standards of the Statement of Education Philosophy by the South Carolina Board of Education can be applied to private schools in the State.

 

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

 

Read full opinion.

April 11, 1974

Opinion on whether or not a pool or billiard room must be shut down at 11 p.m. each night (Section 5-501(6), Code of Laws of South Carolina).

 

Requested by The Honorable Joseph E. McLeod, Mayor, Town of McBee.

 

Read full opinion.

April 11, 1974

Opinion on whether or not a State employee is required to take a leave of absence from their job to run for State Superintendent.

 

Requested by Mr. Carlos Gibbons, Administration Division, Office of Minority Business Enterprise.

 

Read full opinion.

April 11, 1974

Opinion on Emergency Medical Technicians.

 

Requested by Mr. James B. McNabb, Whitney.

 

Read full opinion.

April 11, 1974

Opinion on dual office holding (state employee and offering as a candidate for a political office).

 

Requested by Unknown, Office of the Attorney General.

 

Read full opinion.

April 11, 1974

Opinion on whether or not there is a requirement that municipal elections be held in odd numbered years (Section 47-57.12, South Carolina Code of Laws, 1962, as amended).

 

Requested by A Member, South Carolina House of Representatives.

 

Read full opinion.

April 10, 1974

Opinion on a proposed agreement between the Belle W. Baruch Foundation, Clemson University and the University of South Carolina.

 

Requested by G.L.B. Rivers, Jr., Esquire, Charleston.

 

Read full opinion.

April 10, 1974

Opinion on percolation test technicians.

 

Requested by Board of Certification of Environmental Systems Operators.

 

Read full opinion.

April 10, 1974

Opinion on the training of dental students in public hospital clinics.

 

Requested by Mr. R. Lee Walthall, University Counsel, University of Alabama in Birmingham.

 

Read full opinion.

April 9, 1974

Opinion on whether the Abbeville County Board of Commissioners or the General Assembly has the authority to pass a fire protection plan for the county (Act No. 32).

 

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

 

Read full opinion.

April 9, 1974

Opinion on the selection process of Architectural and/or Engineering firms by the State Budget and Control Board.

 

Requested by The Honorable Thomas M. Marchant, III, Member, South Carolina House of Representatives.

 

Read full opinion.

April 9, 1974

Opinion on pay to city employees serving on military duty.

 

Requested by Mr. Robert L. Hawthorne, Jr., Attorney for the City of Abbeville.

 

Read full opinion.

April 8, 1974

Opinion on whether or not the language amending H. 2346 will permit annexation of other county areas without agreement of the governing body of the other county (Amendment to the 1971 Act).

 

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

 

Read full opinion.

April 8, 1974

Opinion on the merger of the Lexington County Sheriff’s Office with municipal police.

 

Requested by Mr. Christopher J. Gintz, Administrative Officer, Lexington County Sheriff’s Department.

 

Read full opinion.

April 5, 1974

Opinion on Easley City ordinances regulating the sale and consumption of beer and fine.

 

Requested by The Honorable Charles E. Eilenburg, Jr., Mayor, Easley.

 

Read full opinion.

April 5, 1974

Opinion on the sale of wine on Sunday in private clubs.

 

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

 

Read full opinion.

April 5, 1974

Opinion on whether a city council can levy special taxes or assessments to pay for construction of capital improvements in the downtown area.

 

Requested by Mr. W.J. McLeod, Attorney for the City of Walterboro.

 

Read full opinion.

April 4, 1974

Opinion on the exemption of the red Cross from the “Solicitation of Charitable Funds Act” (Section 67-91, et seq., Code of Laws of South Carolina (1962)).

 

Requested by Mr. Edward J. Gully, Manager, American National Red Cross.

 

Read full opinion.

April 4, 1974

Opinion on the territorial limitations of the police authority of municipal police of Surfside.

 

Requested by The Honorable M.L. Brown, Jr., Sheriff, Horry County.

 

Read full opinion.

April 4, 1974

Opinion on the minimum age to become a police officer.

 

Requested by The Honorable Charles D. McLean, Chief of Police, City of Forest Acres.

 

Read full opinion.

April 4, 1974

Opinion on whether or not the police officers of the Greenville-Spartanburg Airport Commission can accept cash bond for traffic violations.

 

Requested by Thomas A. Evins, Esquire, Butler, Means, Evins and Browne, Spartanburg.

 

Read full opinion.

April 4, 1974

Opinion on whether the Fairfield County Council has the authority to can make recommendations for Election Commissioners.

 

Requested by M.D. Douglas, Esquire, Douglas and Douglas, Winnsboro.

 

Read full opinion.

April 4, 1974

Opinion on whether or not the Greenville County Council can make the position of county attorney an appointive position (Section 14-2018, South Carolina Code of Laws, 1962).

 

Requested by Mr. Raymond M. Urquhart, County Executive, Greenville County.

Read full opinion.

April 3, 1974

Opinion on the interpretation of Section 71-181 through 184, Code of Laws of South Carolina (1962).

 

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

 

Read full opinion.

April 2, 1974

Opinion on the licensure of foreign nurses (Act R-949).

 

Requested by Mr. Lachlan L. Hyatt, Chairman, Health Policy and Planning Council, South Carolina Department of Health and Environmental Control.

 

Read full opinion.

April 2, 1974

Opinion on county hospitals.

 

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

 

Read full opinion.

April 2, 1974

Opinion on the authority of the State Budget and Control Board.

 

Requested by The Honorable Thomas M. Marchant, III, Member, South Carolina House of Representatives.

 

Read full opinion.

April 2, 1974

Opinion on whether the City of Sumter has the power to set the date for their own municipal elections (Municipal Nominations and elections Act, Section 47-671, South Carolina code of Laws, 1962).

 

Requested by Mr. Frank Bryan, Attorney for the City of Sumter.

 

Read full opinion.

April 1, 1974

Opinion on whether or not a university has the power to condemn adjacent school district property.

 

Requested by Ruth Williams, Counsel, The Medical University of South Carolina.

 

Read full opinion.

April 1, 1974

Opinion on whether a State agency has the authority to enter into an agreement on behalf of the State with the United States Army (Section 44-312, South Carolina Code of Laws (1962)).

 

Requested by Mr. Fred C. Craft, Director, Disaster Preparedness Agency.

 

Read full opinion.

March 29, 1974

Opinion on the legal status of the Lugoff Fire District Commission.

 

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

 

Read full opinion.

March 29, 1974

Opinion on South Carolina Code Section 61-76.

 

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

 

Read full opinion.

March 28, 1974

Opinion on legal status of the Pee Dee Regional Planning and Development Council.

 

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

 

Read full opinion.

March 27, 1974

Opinion on whether the Abandoned Property Act allows for funds held by the Highway Department to be turned over to the Tax Commission (Section 33-140, Code of Laws of South Carolina).

 

Requested by Right of Way Engineer, South Carolina Highway Department.

 

Read full opinion.

March 27, 1974

Opinion on whether or not a county prison can promulgate its own rules regarding good time credits and temporary freedom passes (Section 55-8, Code of Laws of South Carolina).

 

Requested by Mr. Lester J. Reynolds, Jr., Administrator, Lexington County Detention Center.

 

Read full opinion.

March 27, 1974

Opinion on whether or not a county prison can promulgate its own rules regarding good time credits (Section 55-8, Code of Laws of South Carolina, 1962, as amended).

 

Requested by C.B. McCormick, Dillon, South Carolina.

 

Read full opinion.

March 27, 1974

Opinion on the interpretation of the recent amendment relating to good time credits (Section 55-11, Code of Laws of South Carolina).

 

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

 

Read full opinion.

March 27, 1974

Opinion on whether the Director, Department of Corrections, may make the service time credit for prisoners who work seven days a week applicable to prisoners confined in county jails and prison camps (Section 55-8.1, Code of Laws of South Carolina, 1962, as amended).

 

Requested by Mr. William F. Able, Acting Attorney for Richland County.

 

Read full opinion.

March 27, 1974

Opinion regarding the employment of relatives of school trustees.

 

Requested by Mr. W.K. Stuart, Jr. County Superintendent of Education.

 

Read full opinion.

March 27, 1974

Opinion on R-949 to delete the requirement that applicants for registration as nurses be U.S. citizens or legally declare their intention of becoming citizens (amending Section 56-983 Code of Laws for South Carolina).

 

Requested by The Honorable Lachlan L. Hyatt, Chairman, South Carolina Department of Health and Environmental Control.

 

Read full opinion.

March 26, 1974

Opinion on whether or not the Columbia Music Festival is exempt from the collection of admissions taxes (Section 65-802, Code of Laws of South Carolina, as amended).

 

Requested by The Honorable Robert C. Wasson, Chairman, South Carolina Tax Commission.

 

Read full opinion.

March 26, 1974

Opinion on what payments are available under Sections 25-191 and 33-151, et seq., Code of Laws of South Carolina.

 

Requested by Mr. S.O. Holstein, Right of Way Engineer, S.C. State Highway Department.

 

Read full opinion.

March 26, 1974

Opinion on if the extension of municipal boundaries by annexation so as to effect the composition of voting wards in the newly annexed area (Voting Rights Act of 1964).

 

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

 

Read full opinion.

March 25, 1974

Opinion on how to fill an unexpired term of a member on the Marlboro County Council (Act No. 1021, Section 5, of 1972 (72 Acts 2166)).

 

Requested by The Honorable John I. Rogers, III, Member, South Carolina House of Representatives.

 

Read full opinion.

March 25, 1974

Opinion on whether the soil removed from an excavation for a public building may be transported with county labor and machinery to a point upon privately owned property.

 

Requested by Mr. George Warren, Jr., Attorney at Law, Hampton.

 

Read full opinion.

March 22, 1974

Opinion on the homestead exemption.

 

Requested by Mrs. Martha Chapman, Auditor, Aiken County.

 

Read full opinion.

March 21, 1974

Opinion on the validity of keeping drunk drivers in jail for a period of four hours before releasing them on bond or bail.

 

Requested by The Honorable A. J. O’Tuel, Sheriff, Darlington County.

 

Read full opinion.

March 21, 1974

Opinion on workmen’s compensation coverage for firemen when they leave their firehouse for purposes of aiding other fire departments (Section 72-14, 1962 Code of Laws of South Carolina).

 

Requested by Mr. Thomas W. Edwards, Jr., Administrative Assistant, City of North Charleston.

 

Read full opinion.

March 21, 1974

Opinion on the method by which the unexpired term of a member of the Florence County Council should be filled (Act No. 1219, 1968 Acts and Joint Resolutions).

 

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

 

Read full opinion.

March 21, 1974

Opinion on the authority of school administrators to search students for drugs, the extent of the search, referral to police for criminal charges, and dismissal of such students.

 

Requested by Mr. Harold Hines, Chief of Police, Landrum.

 

Read full opinion.

March 20, 1974

Opinion on whether a primary needs to be held when all of the candidates are unopposed.

 

Requested by The Representative, Office of Voter Registration, Bamberg.

 

Read full opinion.

March 20, 1974

Opinion on unused annual leave by employees of the School for the Deaf, Blind and Asphasic (Annual Leave Act, Sections 1-91.1, et seq., of the Code of Laws of South Carolina).

 

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

 

Read full opinion.

March 20, 1974

Opinion on orders from Circuit Courts.

 

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

 

Read full opinion.

March 20, 1974

Opinion on the entry deadline for state-wide, congressional, or district offices (South Carolina Code of Laws, 1982, Section 23-896).

 

Requested by Mr. Allen Martin, Columbia.

 

Read full opinion.

March 20, 1974

Opinion on the definition of the term “non-payment of premium” (Act No. 1170 of 1971, Section 46-750.61, Code of Laws of South Carolina, 1962).

 

Requested by The Honorable Heyward N. Dantzler, Member, South Carolina House of Representatives.

 

Read full opinion.

March 19, 1974

Opinion on the check laws of South Carolina (Section 8-176.1, 1962 Code of Laws of South Carolina, as amended).

 

Requested by Mr. E.H. Carmichael, Jr.

 

Read full opinion.

March 19, 1974

Opinion on the sale of mini bottles of alcohol on election day (Section 4-102, Code of Laws of South Carolina (1962)).

 

Requested by A Member, South Carolina House of Representatives.

Read full opinion.

March 19, 1974

Opinion on the procedure to be followed in the appeal of a matter to a Municipal Party Executive Committee (Section 47-57.3, Code of Laws of South Carolina, 1962, as amended).

 

Requested by Mr. James H. Quackenbush, Jr., Columbia.

 

Read full opinion.

March 19, 1974

Opinion on residency requirements to run for a magistrate position in Union County (Section 43-1061(1), Code of Laws of South Carolina, 1962).

 

Requested by Mr. B.E. Kirby, Union.

 

Read full opinion.

March 19, 1974

Opinion on proposed Bill No. 309 – agricultural matters.

 

Requested by The Honorable G. Fulmer, Member, South Carolina House of Representatives.

 

Read full opinion.

March 19, 1974

Opinion on a proposed constitutional amendment to Article X, Section 4, of the South Carolina Constitution.

 

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

 

Read full opinion.

March 18, 1974

Opinion on election of the Governor (South Carolina Constitution, Article IV, Section 2).

 

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

 

Read full opinion.

March 15, 1974

Opinion on an annual license fee of a registered cosmetologist (Section 56-468, Code of Laws of South Carolina, 1962, as amended).

 

Requested by Mr. James C. Anders, Esquire, Rentz, Anders and DeBerry, Columbia.

 

Read full opinion.

March 14, 1974

Opinion on the interpretation of certain provisions in the Annual Leave Act (Section 1-91.2, Code of Laws of South Carolina).

 

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

 

Read full opinion.

March 13, 1974

Opinion on dual office holding.

 

Requested by Dr. J.M. Bennett, Rigeland.

 

Read full opinion.

March 12, 1974

Opinion on the authority of the head of a State Agency to delegate responsibilities/ authority to employees to make binding decisions for carrying out duties imposed on the head of the agency under State law (Sections 40-3, -4 and -6, Code of Laws of South Carolina (1962) as amended).

 

Requested by The Honorable Edgar L. McGowan, S.C. Commission of Labor.

 

Read full opinion.

March 12, 1974

Opinion on prosecuting DUIs.

 

Requested by The Honorable W.A. Hodges, Magistrate, Hilton Head Island.

 

Read full opinion.

March 12, 1974

Opinion on the term “freeholder” as used in Section 47-835, South Carolina Code of Laws, 1962.

 

Requested by Mr. Kelly Zier, City Attorney for North Augusta.

 

Read full opinion.

March 11, 1974

Opinion on the procedure for removal from office a member of the Homeland Park Water Commission.

 

Requested by Mr. Wm. L. Watkins, Watkins, Vandiver, Kirven, Long & Gable, Anderson.

 

Read full opinion.

March 11, 1974

Opinion on the newly amended usury statute (Section 8-3, as amended, South Carolina Code of Laws).

 

Requested by Richard E. Richards, Esquire, Lancaster.

 

Read full opinion.

March 11, 1974

Opinion on the legality of a resignation letter by a member of the Board of Commissioners destroyed by other members of the Board.

 

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

 

Read full opinion.

March 11, 1974

Opinion on whether the city recorder has to be an attorney (Act No. 1600, 57 STAT. 3130 (1972)).

 

Requested by Robert W. Shand, Esquire, Shand and Lide, Hartsville.

 

Read full opinion.

March 11, 1974

Opinion on whether an educational procedure proposed to be adopted by the College of Dental Medicine is in accordance with the Dental Practice Act of South Carolina.

 

Requested by John J. Sharry, D.M.D., Dean, College of Dental Medicine, Medical University of South Carolina.

 

Read full opinion.

March 10, 1974

Opinion on the definition of mobile home (Mobile Home Act, 1973 (57) 2575).

 

Requested by Mr. Jesse Johnson, State Fire Marshal.

 

Read full opinion.

March 8, 1974

Opinion on the qualifications of nursing applicants (Sections 56-983 and 993, South Carolina Code of Laws, as amended).

 

Requested by Board of Directors of the State board of Nursing for South Carolina.

 

Read full opinion.

March 8, 1974

Opinion on the application of Section 65-609 of the Code.

 

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

 

Read full opinion.

March 8, 1974

Opinion on the tax status of certain property owned by manufacturers (Section 65-1647.1 of the Code).

 

Requested by Mr. Cuy A. Pitts, Jr,, Director, Property Tax Division, South Carolina Tax Commission.

 

Read full opinion.

March 7, 1974

Opinion on witness subpoenas (Title 26, Code of Laws of South Carolina, 1962).

 

Requested by The Honorable H.H. Griffts, Sr., Sheriff, Edgefield County.

 

Read full opinion.

March 7, 1974

Opinion on the penalty for the violation of driving under suspension because of the provisions of the Safety Responsibility Act.

 

Requested by Captain J. S. Timmerman, State Highway Department.

 

Read full opinion.

March 7, 1974

Opinion on free tuition for dependents of faculty members.

 

Requested by The Honorable John E. Wise, Vice President and Treasurer, Medical University of South Carolina.

 

Read full opinion.

March 7, 1974

Opinion on the concurrent resolution relating to licensing of contractors.

 

Requested by Mr. John Watkins, Legislative Chairman, Home Builders Association of South Carolina.

 

Read full opinion.

March 5, 1974

Opinion on the legality of the State Housing Authority sponsoring Farmers Home financing of a housing project in Beaufort County.

 

Requested by The Executive Director, South Carolina State Housing Authority.

 

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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