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.

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.

March 5, 1974

Opinion on the selection of school trustees from the consolidated school district in Calhoun County (Voting Rights Act).

 

Requested by Furman R. Gressette, Esquire, St. Matthews.

 

Read full opinion.

March 5, 1974

Opinion on State Highway Department traffic-control devices (Section 46-262, 1962 Code of Laws of South Carolina).

 

Requested by Captain M.W. Cantrell, State Highway Patrol.

 

Read full opinion.

March 4, 1974

Opinion on whether or not the procedure used by the City of Walhalla Town Council to advertise for bids complies with South Carolina statutory notice provisions.

 

Requested by Colonel John A. May, State Liaison Officer, Bureau of Outdoor Recreation.

 

Read full opinion.

March 4, 1974

Opinion on the validity of the financing of a commission by ordinary tax money (Article X, Section 6, South Carolina Constitution).

 

Requested by The Honorable William H. Ballenger, Member, South Carolina Senate, The Honorable Cecil T. Sandifer and Harold B. King, Members, South Carolina House of Representatives.

 

Read full opinion.

March 4, 1974

Opinion on dual office holding (member of town council and Director of the Civil defense and Disaster Advisory Commission of Calhoun County).

 

Requested by Mr. Lawrence M. Gressette, Jr., Attorney at Law, St. Matthews.

 

Read full opinion.

March 4, 1974

Opinion on the constitutionality of H-2651.

 

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

 

Read full opinion.

March 4, 1974

Opinion on the constitutionality of H-2650 (amendment to Section 21-3603, Code of Laws of South Carolina as amended).

 

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

 

Read full opinion.

March 1, 1974

Opinion on the validity of a Bill entitled “To Require Permits for Holding Rock Concerts or Music Festivals in Oconee County and to Provide Penalties for Violations.”

 

Requested by The Honorable Cecil T. Sandifer, Member, South Carolina House of Representatives.

 

Read full opinion.

March 1, 1974

Opinion on elections (Section 2 of Act No. 555 of 1971, (71 Acts 1047)).

 

Requested by The Honorable Harold B. King, Member, South Carolina House of Representatives.

 

Read full opinion.

February 28, 1974

Opinion on machine rental on an hourly or monthly basis.

 

Requested by Mr. John Jerry Williams, Director, Catawba.

 

Read full opinion.

February 27, 1974

Opinion on what legal restrictions exist relating to selection of course materials by professors (Sections 21-411, et seq. and 21-451 et seq., Code of Laws of South Carolina (1962)).

 

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

 

Read full opinion.

February 27, 1974

Opinion on whether or not the members of the Board of Trustees of Clemson University can be increased by the General Assembly (Will of Thomas G. Clemson at 13, Item 2).

 

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

 

Read full opinion.

February 27, 1974

Opinion on whether or not it is permissible for a defendant to be tried in his absence, sentenced and have the sentence suspended.

 

Requested by The Honorable Chief T.A. Townsend, Johnsonville.

 

Read full opinion.

February 26, 1974

Opinion on the use of tape recorders and recording devices for the purpose of tracing obscene and/or nuisance calls.

 

Requested by Mr. Rutkowski, Supervisor, Department of Youth Services.

 

Read full opinion.

February 26, 1974

Opinion on the procedure for filling a councilman’s vacancy created by their removal from office

 

Requested by The Honorable A.J. Dooley, Member, South Carolina Senate.

 

Read full opinion.

February 25, 1974

Opinion on whether a cooperative credit union may issue Certificates of Indebtedness or Investment Certificates (Sections 8-651 and 8-656, 1962 Code of Laws of South Carolina).

 

Requested by Mr. Robert C. Cleveland, Commissioner of Banking, State Board of Bank Control.

 

Read full opinion.

February 25, 1974

Opinion on whether a church can be sued.

 

Requested by Mr. Ray Coleman, Ray Coleman’s Insurance Agency.

 

Read full opinion.

February 25, 1974

Opinion on Marketing Act No. 1 for soybeans (Section 3-235.39, Code of Laws of South Carolina).

 

Requested by Mr. Lourie Lane, Kingstree.

 

Read full opinion.

February 25, 1974

Opinion on worthless check violations – indorser.

 

Requested by The Honorable James Price, Greenville County.

 

Read full opinion.

February 25, 1974

Opinion on whether or not general contractors licensing fees can be refunded to out of state contractors.

 

Requested by Mr. Arthur B. Flythe, Raleigh, N.C.

 

Read full opinion.

February 25, 1974

Opinion on dual office holding (county council member and Director of a State agency).

 

Requested by Mr. Carl M. Hust, Director, S.C. Department of Parks, Recreation & Tourism.

 

Read full opinion.

February 25, 1974

Opinion on the validity of H-2652 (Act No. 925 of 1970).

 

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

 

Read full opinion.

February 25, 1974

Opinion on whether or not the Charleston County Board of Registration can appoint high school principals to serve as deputy registrars.

 

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

 

Read full opinion.

February 23, 1974

Opinion on the Motor Vehicle Sales Finance Act in relation to banks and banking institutions (Section 461–50.31 et seq., 1962 Code of Laws of South Carolina, 1972 Supp.).

 

Requested by a Senator, Greenville and Laurens County.

 

Read full opinion.

February 21, 1974

Opinion on coroner’s authority to order an autopsy on a dead body of a person injured in South Carolina but dies in a hospital in Georgia (Section 17-90, 1962 Code of Laws of South Carolina).

 

Requested by The Honorable G.B. Goodwin, Coroner, Barnwell County.

 

Read full opinion.

February 21, 1974

Opinion on blood samples from dead bodies (Section 17-90, 1962 Code of Laws of South Carolina).

 

Requested by The Honorable Bernard Stubbs, Coroner, Chesterfield County.

 

Read full opinion.

February 21, 1974

Opinion on whether the General Assembly may confer concurrent jurisdiction between circuit courts and the Supreme Court of South Carolina (Sections 15-1657, Code of Laws of South Carolina, 1962).

 

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

 

Read full opinion.

February 21, 1974

Opinion on drug law, forfeited vehicles (Act 346 of 1973).

 

Requested by Detective K. Dale Strong, Charleston County Police Department.

 

Read full opinion.

February 21, 1974

Opinion on municipal auxiliary police forces.

 

Requested by Leo H. Hill, Esquire, Attorney at Law, Greenville.

 

Read full opinion.

February 21, 1974

Opinion on special deputy commissions.

 

Requested by The Honorable Cash F. Williams, Sheriff, Greenville County.

 

Read full opinion.

February 21, 1974

Opinion on bench warrants.

 

Requested by Mrs. Ann Sandifer, Clerk of the Court, Goose Creek.

 

Read full opinion.

February 20, 1974

Opinion on whether a registrant can be charged a $200 registration fee under Section 8-800.19 of the Consumer Finance Act (Section 8-799).

 

Requested by The Honorable Thomas F. Hartnett, Member, South Carolina Senate.

 

Read full opinion.

February 20, 1974

Opinion on the homestead exemption.

 

Requested by B. Allston Moore, Esquire, Buist, Moore, Smythe & McGee, Charleston.

 

Read full opinion.

February 20, 1974

Opinion on the confiscation of gambling tables, roulette wheels and the like (Sections 5-621 and 5-622, South Carolina Code of Laws).

 

Requested by Sheriff, Lexington County.

 

Read full opinion.

February 20, 1974

Opinion on the homestead exemption.

 

Requested by The Newberry County Auditor.

 

Read full opinion.

February 20, 1974

Opinion on dual office holding (Family Court Judge for Lexington County and Municipal Court Judge for the City of Cayce).

 

Requested by The Honorable Frank Rogers, Jr., Judge, Family Court for Lexington County.

 

Read full opinion.

February 20, 1974

Opinion on the nomination procedure of candidates at county conventions (Sections 23-259 and 23-264, Code of Laws of South Carolina, 1962).

 

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

 

Read full opinion.

February 20, 1974

Opinion on the authority of a court to impose a sentence of specified duration but that it may be served at intervals as ordered by the court.

 

Requested by Mr. William F. Derrick, Assistant Solicitor, Tenth Judicial Circuit.

 

Read full opinion.

February 19, 1974

Opinion on whether or not the Charleston County Legislative Delegation may establish a committee to investigate the activities of the Charleston County Council.

 

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

 

Read full opinion.

February 14, 1974

Opinion on dual office holding (member of the Commission for Hearing Aid Dealers and Fitters and the State Board of Examiners in Speech Pathology and Audiology).

 

Requested by Mr. William H. Goldman, Director, Anderson-Oconee Speech & Hearing Services.

 

Read full opinion.

February 14, 1974

Opinion on public education.

 

Requested by Mr. Fred E. Wells, Deputy Superintendent and Business Manager, Sumter School District No. 17.

 

Read full opinion.

February 14, 1974

Opinion on whether it would be violating a student’s rights to report felony convictions to agencies from which the student is receiving aid.

 

Requested by Vice President for Administration, Francis Marion College.

 

Read full opinion.

February 14, 1974

Opinion on whether or not a member of the Legislature should disqualify himself for a matter which rests with that Legislator and with the voters.

 

Requested by Mr. Doane E. James, Carolina Landscape Company.

 

Read full opinion.

February 13, 1974

Opinion on Act No. 1185.

 

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

 

Read full opinion.

February 13, 1974

Opinion on capital punishment.

 

Requested by Mr. Andrew Maidman, West Hartford, Connecticut.

 

Read full opinion.

February 12, 1974

Opinion on property tax exemptions (Section 65-1527, South Carolina Code of Laws).

 

Requested by John M. Spratt, Jr., Esquire, Attorney for York County.

 

Read full opinion.

February 12, 1974

Opinion on voter registration mail.

 

Requested by Mr. Oscar P. Butler, Jr., President, National Association for the Advancement of Colored People.

 

Read full opinion.

February 12, 1974

Opinion on Physical Therapy Assistants.

 

Requested by Mrs. Rachel H. Faile, R.P.T., President, S.C. State Board of Examination and Registration of Physical Therapists.

 

Read full opinion.

February 12, 1974

Opinion on proposed legislation to create a county commission for the handicapped.

 

Requested by The Honorable Gilbert E. McMillan, Member, South Carolina Senate.

 

Read full opinion.

February 12, 1974

Opinion on the bonding provisions of Article X, Section 14 of the proposed Constitutional amendment.

 

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

 

Read full opinion.

February 12, 1974

Opinion on arrest warrants (Section 43-231, Code of Laws of South Carolina 1962).

 

Requested by Mr. Milton R. Key, Criminal Investigator, Anderson County.

 

Read full opinion.

February 11, 1974

Opinion on whether making State financed tuition grants to students attending racially discriminatory private schools are in violation of the U.S. Constitution.

 

Requested by The Chairman, Higher Education Tuition Grants Committee.

 

Read full opinion.

February 11, 1974

Opinion on school bonds (Ratification No. 1392 bearing Ratification No. 804, York School District No. 2 (Clover)).

 

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

 

Read full opinion.

February 11, 1974

Opinion on dual office holding (superintendent of schools and acting mayor of a town).

 

Requested by Mr. E.R. Reeves, Branchville.

 

Read full opinion.

February 11, 1974

Opinion on a proposed bill which changes the composition of the Georgetown County Board of Education (Article VIII, South Carolina Constitution).

 

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

 

Read full opinion.

February 11, 1974

Opinion on whether or not the Wisconsin Bail Act needs to be revised as it pertains to South Carolina law.

 

Requested by The Honorable William G. Callow, Judge, Waukesha County, Wisconsin.

 

Read full opinion.

February 11, 1974

Opinion on the constitutionality of S-701.

 

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

 

Read full opinion.

February 11, 1974

Opinion on property taxes.

 

Requested by Mrs. Pauline S. Koger, Charleston County Auditor.

 

Read full opinion.

February 11, 1974

Opinion on which entity has responsibility for the collection of employer contributions (Section 68-207, Code of Laws of South Carolina).

 

Requested by The General Counsel, S.C. Employment Security Commission.

 

Read full opinion.

February 8, 1974

Opinion on whether a city can impose a tax on soft drink cans (Section 47-271, South Carolina Code of Laws).

 

Requested by The Assistant City Attorney, City of Greenville.

 

Read full opinion.

February 8, 1974

Opinion on qualifications of law enforcement officers (Section 53-44, Code of Laws of South Carolina, 1960, as amended).

 

Requested by The Honorable Myron F. Green, Sheriff, Occonee County.

 

Read full opinion.

February 8, 1974

Opinion on what qualifications an out-of-state bank must meet to do business in South Carolina (Section 12-23.1(b)(9), Code of Laws of South Carolina (1962)).

 

Requested by The South Carolina Secretary of State.

 

Read full opinion.

February 8, 1974

Opinion on whether city police officers also qualify as county peace officers (Article XVII, Section 1A, South Carolina Constitution).

 

Requested by Sgt. Albert J. Krau, Walterboro Police Department.

 

Read full opinion.

February 8, 1974

Opinion on the powers of the State Board for Technical and Comprehensive Education.

 

Requested by Dr. Charles E. Palmer, Executive Director, State Board for Technical and Comprehensive Education.

 

Read full opinion.

February 7, 1974

Opinion on the constitutionality of expending county funds for the construction of a multi-purpose building.

 

Requested by The Honorable Robert W. Kemp, Member, South Carolina House of Representatives.

 

Read full opinion.

February 6, 1974

Opinion on whether or not security personnel working directly for an employer must be registered with SLED under Act No. 387 (Acts of 1973).

 

Requested by Mr. F. Hall Yarborough, Attorney at Law, Orangeburg.

 

Read full opinion.

February 6, 1974

Opinion on the classification of “student resident” for the purpose of admission to the Medical University of South Carolina.

 

Requested by Mr. Michael G. Rosenblum, Charleston.

 

Read full opinion.

February 5, 1974

Opinion on the legality of carrying of firearms by municipal policemen outside the limits of the municipality (Section 16-129, et seq., 1962 Code of Laws of South Carolina, as amended).

 

Requested by Wyatt Saunders, Jr., Esquire, Laurens.

 

Read full opinion.

February 4, 1974

Opinion on the payment provision relating to acceptance of out-of-state scores on the National Teachers Examination by the State Boards (82 CJS, Statutes Sections 388, remedial statute).

 

Requested by Mr. John F. Maynard, Director, Office of Teacher Education and Certification, State Department of Education.

 

Read full opinion.

February 1, 1974

Opinion on whether or not South Carolina permits absentee balloting in school or municipal elections.

 

Requested by Mr. Steve Gierhart, Research Assistant, Oklahoma State Legislative Council.

 

Read full opinion.

January 31, 1974

Opinion on a proposed North Augusta city zoning ordinance (Section 240.04(L)).

 

Requested by Mr. Clyde Carter, Building Official, City of North Augusta.

 

Read full opinion.

January 31, 1974

Opinion on whether Section 2 of Act No. 369 of 1963, Act No. 979 of 1962, Act No. 946 of 1962 is valid, enforceable and constitutional.

 

Requested by The Honorable Gary E. Byrd, Member, South Carolina House of Representatives.

 

Read full opinion.

January 31, 1974

Opinion on whether conservation officers occupy the status of constables (Section 28-140, South Carolina Code of Laws).

 

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

 

Read full opinion.

January 31, 1974

Opinion on liability insurance for members of the board of trustees paid from district tax funds (Section 22-14, South Carolina Code of Laws).

 

Requested by The Honorable L.L. Lewis, Chairman, Board of Trustees, Lexington County School District One.

 

Read full opinion.

January 30, 1974

Opinion on sex discrimination guidelines relating to University maternity leave policy.

 

Requested by Joseph B. McDevitt, Counsel, Clemson University.

 

Read full opinion.

January 30, 1974

Opinion on the constitutionality of a proposed amendment to H-2349.

 

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

 

Read full opinion.

January 29, 1974

Opinion on the State’s pistol law (Section 16-129.7, 1962 Code of Laws of South Carolina, as amended).

 

Requested by Attorney at Law, Columbia.

 

Read full opinion.

January 29, 1974

Opinion on Section 16-105 (interference with police officers making arrests for misdemeanors).

 

Requested by The Honorable W.H. Simmons, Jr., Judge, Charleston.

 

Read full opinion.

January 29, 1974

Opinion on the legal status of the Urban Renewal Agency’s employees, City of Easley.

 

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

 

Read full opinion.

January 28, 1974

Opinion on the continuing education requirements (Section 56-40, South Carolina Code of Laws).

 

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

 

Read full opinion.

January 25, 1974

Opinion on whether the Agricultural Marketing Commission can allow prospective renters to invest money in the construction of the warehouse space.

 

Requested by Mr. S. B. Walker, Marketing Director, S.C. State Agricultural Marketing Commission.

 

Read full opinion.

January 23, 1974

Opinion on the interpretation of Section 21-351 and 21-1615, South Carolina Code of Laws.

 

Requested by Charles H. Gibbs, Esquire, Charleston.

 

Read full opinion.

January 23, 1974

Opinion on the proposed S.C. Automobile Insurance Facility.

 

Requested by The Honorable Howard B. Clark, Chief Insurance Commissioner, S.C. Department of Insurance.

 

Read full opinion.

January 23, 1974

Opinion on whether city and county governing bodies may enter into long term leases of office buildings (Section 14-1, South Carolina Code of Laws, 1962).

 

Requested by The Honorable J.M. Wingo, Member, South Carolina House of Representatives.

 

Read full opinion.

January 23, 1974

Opinion on whether or not banks and banking institutions can function as a sale finance company (Motor Vehicle Sales Finance Act, Section 46-150.31, 1962 Code of Laws of South Carolina, 1972 Supp.)

 

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

 

Read full opinion.

January 23, 1974

Opinion on lottery and games of chance.

 

Requested by David H. Crum, Esquire, Denmark, SC.

 

Read full opinion.

January 22, 1974

Opinion on legality of drawing blood or other body fluids for analysis for alcohol or drugs at the scene of an accident or crime

 

Requested by The Honorable Cliff Moyer, Director, Criminal Justice Academy.

 

Read full opinion.

January 22, 1974

Opinion on the proposed S-592 bill.

 

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

 

Read full opinion.

January 22, 1974

Opinion on H-1947 bill.

 

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

 

Read full opinion.

January 22, 1974

Opinion on elections (Section 47-111, South Carolina Code of Laws, 1962).

 

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

 

Read full opinion.

January 21, 1974

Opinion on whether county boards of health are under the direct supervision of the Department of Health and Environmental Control (Sections 32-141, et seq.; Sections 32-61, 101).

 

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

 

Read full opinion.

January 21, 1974

Opinion on State law regarding lotteries.

 

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

 

Read full opinion.

January 21, 1974

Opinion on motor vehicle property tax.

 

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

 

Read full opinion.

January 18, 1974

Opinion on when the statutory period begins once a request for a hearing is received by a State agency (Section 46-184, South Carolina Code of Laws, 1962).

 

Requested by Lee K. Crosland, Esquire, Columbia.

 

Read full opinion.

January 18, 1974

Opinion on Magistrates Salen.

 

Requested by The Honorable Michael R. Davis, Magistrate, Richland County.

 

Read full opinion.

January 18, 1974

Opinion on whether a retired State employee can become a member of the retirement system upon return to active service (Section 61-32, South Carolina Code of Laws).

 

Requested by The Honorable Archie Beattie, Probate Judge, Lee County.

 

Read full opinion.

January 18, 1974

Opinion on whether or not pupils entering public school are required to have a physical examination (Sections 21-753 to 21-755, Code of Laws of South Carolina).

 

Requested by Mr. Franklin Coleman, Director, Anderson County School District Number Five.

 

Read full opinion.

January 17, 1974

Opinion on the legal status of the Pickens County Commission on Alcohol and Drug Abuse (Section 61-1 of the Retirement Act).

 

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

 

Read full opinion.

January 17, 1974

Opinion on the National Guard Pension Act.

 

Requested by General Robert L. McCrady, Office of the Adjutant General.

 

Read full opinion.

January 16, 1974

Opinion on arrest warrants issued by a magistrate (Section 43-221, Code of Laws of South Carolina, 1962).

 

Requested by The Honorable Ira M. Grady, Magistrate, Berkeley County.

 

Read full opinion.

January 16, 1974

Opinion on a proposed bill to change Section 43-232.

 

Requested by The Honorable Daniel R. McLeod, Attorney General, South Carolina.

 

Read full opinion.

January 16, 1974

Opinion on whether or not the Abbeville County Council can abolish the County Supervisor’s Office without introducing new legislation.

 

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

 

Read full opinion.

January 15, 1974

Opinion on the constitutionality of an ordinance (No. 213) that establishes a curfew with the Town of Lamar’s municipal limits.

 

Requested by Mr. Sam Rogol, Attorney for Town of Lamar.

 

Read full opinion.

January 15, 1974

Opinion on bonded indebtedness (Section 14 of S-442 bill).

 

Requested by Member, South Carolina Senate, Spartanburg County.

 

Read full opinion.

January 15, 1974

Opinion on the legal status of the Department of Parks, Recreation and Tourism (Act No. 133 of 1967; Act No. 133 at 184; Sections 51-71 et seq. Code of Laws of South Carolina, 1962).

 

Requested by Mr. Bill Lacey, Director, Architectural and Environmental Arts Program, National Endowment for the Arts.

 

Read full opinion.

January 15, 1974

Opinion on who decides what dollar amount will be recorded in the judgment book.

 

Requested by R. Markley Dennis, Esquire, Moncks Corner.

 

Read full opinion.

January 14, 1974

Opinion on fraudulent check fees.

 

Requested by Sergeant J.B. West, Greenville County Sheriff’s Office.

 

Read full opinion.

January 14, 1974

Opinion on whether or not the S.C. Aeronautics Commission possesses the authority to lease airports and landing filed (Section 2-102, South Carolina Code of Laws).

 

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

 

Read full opinion.

January 14, 1974

Opinion on the method of municipal annexations.

 

Requested by The Honorable Daniel R. McLeod, Attorney General, South Carolina.

 

Read full opinion.

January 14, 1974

Opinion on the validity of a Richland County ordinance (No. 3).

 

Requested by The Honorable Warren K. Giese, Chairman, Richland County Council.

 

Read full opinion.

January 11, 1974

Opinion on whether or not the Mayor and Council of Honea Path may vote themselves a raise effective immediately (Section 47-325, Code of Laws of South Carolina, 1962).

 

Requested by Mr. Herbert Ashley, Jr., Honea Path.

 

Read full opinion.

January 11, 1974

Opinion on whether a pistol forfeited under the pistol law should be disposed of by the municipal court.

 

Requested by The Honorable Herman Philbeck, Chief of Police, Patrick.

 

Read full opinion.

January 11, 1974

Opinion on whether the Sumter County Council has the authority to make provision by ordinance for the Historical Commission of Sumter County (Section 14-3421, Code of Laws of South Carolina).

 

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

 

Read full opinion.

January 11, 1974

Opinion on whether or not MUSC can transfer funds to another department of the State (General Appropriations Act, 1973-1974 (73 Acts 618)).

 

Requested by William M. McCord, M.D., Ph.D., President, Medical University of South Carolina.

 

Read full opinion.

January 11, 1974

Opinion on evidence obtained by voluntary search (search and seizure).

 

Requested by The Honorable Norman E. Fogle, Solicitor, First Judicial Circuit.

 

Read full opinion.

January 10, 1974

Opinion on the disposition of patients’ personal funds in intermediate care facilities.

 

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

 

Read full opinion.

January 10, 1974

Opinion on whether or not a county has to pay witness fees to law enforcement officers who are required to appear in General Sessions Court (Section 27-612, Code of Laws of South Carolina (1962)).

 

Requested by Mr. H.O. Carter, Edgefield County Manager.

 

Read full opinion.

January 9, 1974

Opinion on motor vehicle accidents on private property.

 

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

 

Read full opinion.

January 9, 1974

Opinion on whether or not it is a violation of State law for a person who has been convicted of a crime of violence to possess a rifle or shotgun (Section 16-129.2, 1962 Code of Laws of South Carolina, as amended).

 

Requested by Joseph W. Board, Esquire, Pickens.

 

Read full opinion.

January 8, 1974

Opinion on whether or not a municipality may charge rates for services rendered in fighting or controlling fires (Section 14-1087, 1962 Code of Laws of South Carolina).

 

Requested by R. Markley Dennis, Esquire, Moncks Corner.

 

Read full opinion.

January 8, 1974

Opinion on the disposition of DUI prosecutions upon attendance of rehabilitation school.

 

Requested by The Honorable Carl V. Barrs, Sr., Municipal Judge, City of Goose Creek.

 

Read full opinion.

January 8, 1974

Opinion on the transfer of Roper Mountain property.

 

Requested by Mr. Fred P. Brinkman, Executive Director, South Carolina Department of Parks, Recreation and Tourism.

 

Read full opinion.

January 8, 1974

Opinion on whether or not a judge came within the provisions of Section 61-124 of the South Carolina Retirement System.

 

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

 

Read full opinion.

January 7, 1974

Opinion on proposed abortion legislation.

 

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

 

Read full opinion.

January 7, 1974

Opinion on State holidays.

 

Requested by The Honorable William M. McCord, M.D., Ph.D., President, Medical University of South Carolina.

 

Read full opinion.

January 7, 1974

Opinion on the propriety of an insurance agent who is also a notary public, preparing premium service contracts and filling out automobile title transfers.

 

Requested by Mr. Victor M. Babb, Insurance & Tax Service, Fountain Inn.

 

Read full opinion.

January 7, 1974

Opinion on the validity of a proposed bill relating to collection/disposal of solid waste and service charges against persons who did not pay.

 

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

 

Read full opinion.

January 7, 1974

Opinion on administrator bonds (Sections 19-433 to 19-443, South Carolina Code of Laws, 1962)..

 

Requested by H. Kelley Jones, General Counsel, S.C. Department of Insurance.

 

Read full opinion.

January 7, 1974

Opinion on the validity of a municipal ordinance regulating the hours on the sale and consumption of beer and wine.

 

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

 

Read full opinion.

January 7, 1974

Opinion as to where the power is vested to remove a family court judge from office.

 

Requested by The Honorable William A. Dallis, Court Administrator, Supreme Court Building.

 

Read full opinion.

January 6, 1974

Opinion on whether the Solex 4600 is a bicycle within the meaning of Act 287.

 

Requested by Mr. Gordon B. Baker, Jr., Esquire, Florence.

 

Read full opinion.

January 6, 1974

Opinion on a proposed bill.

 

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

 

Read full opinion.

January 4, 1974

Opinion on possession and consumption of alcoholic beverages in apartment complex clubhouses (Section 4-201, South Carolina Code of Laws (1962)).

 

Requested by The Director, South Carolina Alcoholic Beverage Control Commission.

 

Read full opinion.

January 4, 1974

Opinion on the South Carolina Medical Practice Act relating to the practice of acupuncture (Section 56-1354, Code of Laws of South Carolina (1962)).

 

Requested by The President, State Board of Medical Examiners of South Carolina.

 

Read full opinion.

January 4, 1974

Opinion on the constitutionality of loans by the State Department of Education of educational films to parochial schools (First Amendment to the U.S. Constitution).

 

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

 

Read full opinion.

January 4, 1974

Opinion on the disbursement of funds to Saluda County schools.

 

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

 

Read full opinion.

January 4, 1974

Opinion on the form of government for Aiken County.

 

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

 

Read full opinion.

January 3, 1974

Opinion on whether or not the Alston Wilkes Society is required to register and file reports pursuant to the Solicitation of Charitable Funds Act.

 

Requested by The Honorable Secretary of State of South Carolina.

 

Read full opinion.

January 3, 1974

Opinion on the fireworks law.

 

Requested by The Director, Inspection Services, State Fire Marshal.

 

Read full opinion.

January 3, 1974

Opinion on dual office holding (school superintendent and mayor).

 

Requested by Attorney at Law, Orangeburg.

 

Read full opinion.

January 3, 1974

Opinion on whether persons under the age of 21 may be employed as police officers.

 

Requested by E. Fleming Mason, Esquire, Producer, Crime to Court.

 

Read full opinion.

January 2, 1974

Opinion on real estate taxes.

 

Requested by Mr. George M. Stuckey, Jr., Attorney for Lee County.

 

Read full opinion.

January 2, 1974

Opinion on the authority of the circuit court after disposition of a traffic case in magistrate’s or recorder’s court.

 

Requested by The Honorable Frank Eppes, Circuit Judge, Greenville County.

 

Read full opinion.

January 2, 1974

Opinion on the South Carolina Sales Tax relating to the exchange of merchandise for trading stamps.

 

Requested by Mr. Karl M. Doetsch, Attorney at Law, Mt. Pleasant.

 

Read full opinion.

January 2, 1974

Opinion on whether a majority vote is required in the race for Alderman.

 

Requested by The Honorable L. Mendel Rivers, Jr., Member, South Carolina House of Representatives.

 

Read full opinion.

January 2, 1974

Opinion on the Unfair Trade Practices Act (Section 5 of the Federal Trade Commission Act).

 

Requested by Mrs. Alice C. Bangert, Director, Business-Consumer Affairs Division, Greater Greenville Chamber of Commerce.

 

Read full opinion.

January 2, 1974

Opinion on whether ex officio members of the State Executive Committee of a political party have the right to vote in committee matters.

 

Requested by M. Gay Suber, Executive Director, South Carolina Republican Party.

 

Read full opinion.

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

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Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

Room 519 | Columbia, S.C. 29201

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

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