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.

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.

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.

 

Read full opinion.

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.

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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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