Archive for the ‘1975 Opinions’ Category

August 29, 1975

Opinion on whether or not it is a violation of the Ethics Act to offer season football tickets to members of the General Assembly by officials of a state university or college.

Requested by The Presidents of The Citadel, Clemson University, South Carolina State College and the University of South Carolina.

Read full opinion.

March 25, 1976

Opinion on financial participation by a county in the construction of a sewage system by a municipality if the system will extend beyond municipal limits and serve portions of the county.

Requested by William E. Jenkinson, Jr., Attorney at Law, Kingstree.

Read full opinion.

September 30, 1975

Opinion on the Navigable Waters Law of South Carolina.

Requested by no address.

Read full opinion.

 

 

September 30, 1975

Opinion on whether or not establishments licensed to possess liqueurs, wines and similar alcoholic beverages to be used solely in cooking and preparation of food to serve those meals on Sundays.

 

Requested by Mr. Kenneth E. Allen, Director, South Carolina Alcoholic Beverage Control Commission.

 

Read full opinion.

September 30, 1975

Opinion on whether or not an out-of-state rescue squad not licensed by the Department of Health and Environmental Control can operate at a race track within South Carolina.

 

Requested by Mr. Samuel H. Crowe, Supervisor, Cherokee County Ambulance Service.

 

Read full opinion.

September 30, 1975

Opinion on dual office holding (chairman of a county election commission and member of a school board of trustees).

 

Requested by Mr. James P. Sloan, Clinton.

 

Read full opinion.

September 30, 1975

Opinion on the Navigable Waters Law of South Carolina.

 

Requested by No Address.

 

Read full opinion.

September 29, 1975

Opinion on what constitutes a navigable stream by law (Section 70-1, South Carolina Code of Laws (1962); Article 14, Section 4, South Carolina Constitution).

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

Read full opinion.

September 29, 1975

Opinion on dual office holding (chairman of a school district board and as a commissioner of a county hospital).

 

Requested by Mr. Frank Hart, Superintendent of Schools, Marion District No. 1).

 

Read full opinion.

September 29, 1975

Opinion on whether accounting experience with the Internal Revenue Service meets the three year “public accounting experience” for South Carolina (Section 56-13, South Carolina Code of Laws (1962), as amended).

 

Requested by Mr. John S. Herin, S.C. Board of Accountancy.

 

Read full opinion.

September 29, 1975

Opinion on whether or not city police officers can enforce traffic violations in a shopping center parking lot.

 

Requested by The Honorable Vernon L. Boatwright, Chief of Police, West Columbia Police Department.

 

Read full opinion.

September 29, 1975

Opinion on whether or not an income or franchise tax can be charged to the Puerto Rico Maritime Shipping Authority.

 

Requested by The South Carolina Tax Commission.

 

Read full opinion.

September 26, 1975

Opinion on Section 56-1545.16(11), South Carolina Code of Laws, 1962, as amended (rent moneys collected).

Requested by Mr. H.T. Owings, Jr., Chief Investigator, S.C. Real Estate Commission.

Read full opinion.

September 26, 1975

Opinion on procedure for awarding advertising and promotion contracts (Section 65 of Act. No. 237 (1975)).

Requested by The Assistant Director of Operations, South Carolina Department of Parks, Recreation and Tourism.

Read full opinion.

September 26, 1975

Opinion on whether or not an owner living outside a municipality and using city water be required to pay a bi-monthly fee for fire protection as a condition of continuance of said water supply.

Requested by Member, South Carolina House of Representatives.

Read full opinion.

September 26, 1975

Opinion on dual office holding (chief of police and chief of fire department).

Requested by Mr. John B. Williams, Attorney for Town of Bonneau.

Read full opinion.

September 26, 1975

Opinion on whether or not the distribution of State funds to municipalities based on total population and found to be improperly annexed constitutes an overpayment.

Requested by The Honorable Grady L. Patterson, Treasurer of the State of South Carolina.

Read full opinion.

September 25, 1975

Opinion on the selection of a council-manager form of municipal government (Article 2 of the Municipal Government Home Rule Act).

Requested by The Executive Vice President, Municipal Association of South Carolina.

Read full opinion.

September 25, 1975

Opinion on the economic interest provisions of the Ethics Act (Act. No. 191, Acts of 1975).

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

Read full opinion.

September 25, 1975

Opinion on dual office holding (may run for city council and employed as a police officer)

Requested by Mr. Geddes D. Anderson, Greenwood.

Read full opinion.

September 25, 1975

Opinion on whether or not the Board of Commissioners for Chesterfield County has the authority to set a referendum to permit voters to choose the form of government and form of representation.

Requested by The Honorable C. Anthony Harris, Member, South Carolina Senate.

Read full opinion.

September 25, 1975

Opinion on the validity of an amendment to the City Code of Myrtle Beach (Section 47-32 of Act No. 283 of 1975).

Requested by The Honorable J.S. Bird, Chief, Myrtle Beach Police Department.

Read full opinion.

September 24, 1975

Opinion on whether or not a probate judge can issue temporary letters of administration or testamentary upon an ex parte petition (Section 19-402, South Carolina Code of Laws of 1962 (as amended)).

Requested by The Honorable Marguerite S. Kinard, Probate Judge, Colleton County.

Read full opinion.

September 24, 1975

Opinion on who is the appropriate authority to increase the tax millage of the Boiling Springs Area Fire District (Act No. 1189 of the 1958 General Assembly).

 

Requested by The Honorable Tony J. Lister, Member, South Carolina House of Representatives.

Read full opinion.

 

September 24, 1975

Opinion on whether or not the Jasper County Council has authority to sponsor and carry out the Upper New River Watershed Work Plan.

Requested by The Chief, Div. of Land Management/Resource Development, South Carolina Land Resources Conservation Commission.

Read full opinion.

September 23, 1975

Opinion on whether or not variable interest rates apply to construction loans in excess of $50,000 (Section 8-3, South Code of Laws (1962) as amended).

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

Read full opinion.

September 23, 1975

Opinion on whether or not a municipal judge is required to hold a preliminary hearing in matters beyond his jurisdiction when he has issued the arrest warrant initiating criminal action (Act No. 249, Acts of 1975).

Requested by The Honorable R. Kirk McLeod, Solicitor, Third Judicial Circuit.

Read full opinion.

September 23, 1975

Opinion on whether the 1974 Amendment to Sections 55–8.1 and 55–8.2 applies to all prisoners presently confined in the custody of the Board of Corrections.

Requested by Larry C. Batson, Esquire, Legal Advisor, Department of Corrections.

Read full opinion.

September 22, 1975

Opinion on whether or not the Richland County Recreation Commission has the authority to sell land.

Requested by The Superintendent of Recreation for Richland County.

Read full opinion.

September 22, 1975

Opinion on residency requirements of a military veteran for his child to quality for free tuition at state-supported schools (Section 22-56, South Carolina Code of Laws (1962) as amended).

Requested by Mr. Hoyt B. Hill, Jr., Director, Department of Veteran Affairs.

Read full opinion.

September 22, 1975

Opinion on dual office holding (member of the S.C. Advisory Council on Vocational and Technical Education and the Advisory Committee for Programs for the Handicapped).

Requested by Mr. Robert H. White, Executive Director, South Carolina Advisory Council on Vocational and Technical Education.

Read full opinion.

September 22, 1975

Opinion on taxes (Act No. 208, Acts of 1975).

Requested by Mr. Lawrence R. Braswell, Marion County Tax Assessor.

Read full opinion.

September 22, 1975

Opinion on the definition of “duties” of the South Carolina Commission on the Status of Women, (Section 9-451 et seq., Code of Laws of South Carolina (1962) as amended).

Requested by The Honorable Dorothy F. Green, Chairman, South Carolina Commission on the Status of Women.

Read full opinion.

September 22, 1975

Opinion on concerning the delegation of portions of the Richland County Council’s authority to an Administrator.

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

Read full opinion.

September 22, 1975

Opinion on the validity of the action of the Greenville County Council in re-employing a County Administrator, whose term of employment had expired (Section 7 of Act No. 573 of 1967).

Requested by The Honorable John T. Wood, Member, South Carolina House of Representatives.

Read full opinion.

 

September 22, 1975

Opinion on county bond issues (County Bond Act, Sections 14-511 et seq.).

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

Read full opinion.

September 22, 1975

Opinion on nude sunbathing.

Requested by Mr. Pearce Thomson, S.C. Department of Parks Recreation and Tourism.

Read full opinion.

September 22, 1975

Opinion on the propriety of collecting assessed occupational safety and health penalties by payment on an installment basis.

Requested by Mr. William M. Lybrand, III, Chief Safety Specialist, Div. of Occupational Safety and Health, Department of Labor.

Read full opinion.

September 22, 1975

Opinion on the Joint Underwriting Association.

Requested by The Honorable John W. Lindsay, Chief Insurance Commissioner, South Carolina Department of Insurance.

Read full opinion.

September 19, 1975

Opinion on the South Carolina Pollution Control Act (Act No. 1157; 40 CFR Article 51.11(a)).

 

Requested by Mr. John E. Jenkins, Deputy Commissioner, Environmental Quality Control, Department of Health and Environmental Control.

 

Read full opinion.

September 19, 1975

Opinion on condemnation procedures.

 

Requested by Colonel John A. May, Bureau of Outdoor Recreation, South Carolina Department of Parks, Recreation and Tourism.

 

Read full opinion.

September 19, 1975

Opinion on the legality of a school district transferring school property to a group of private citizens.

 

Requested by Colonel John A. May, Bureau of Outdoor Recreation, South Carolina Department of Parks, Recreation and Tourism.

 

Read full opinion.

September 18, 1975

Opinion on dual office holding (member of State Board for Technical and Comprehensive Education and member of the State Personnel Advisory Council).

 

Requested by Mr. Lionel S. Lofton, Executive Assistant to the Governor.

 

Read full opinion.

September 18, 1975

Opinion on dual office holding (private contractor and serve as member of the State Ethics Commission).

 

Requested by The Honorable James B. Edwards, Governor, South Carolina.

 

Read full opinion.

September 18, 1975

Opinion on the effective date of Act No. 283 of 1975, the Home Rule legislation.

 

Requested by Ms. Nelle F. Hackey, Chairperson for Committee Against Restoration of the Chester City Hall.

 

Read full opinion.

September 18, 1975

Opinion on Article 2, Act no 283 of 1975, home rule legislation (Section 14-3701(b), South Carolina Code of laws).

 

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

 

Read full opinion.

September 18, 1975

Opinion on whether the Chairman of the Board of Social Worker Registration may pay for the expenses incurred in providing meals for attendees at a meeting for registered social workers

 

Requested by Mr. George W. Ayers, D.S.W., Chairman, Board of Social Worker Registration.

 

Read full opinion.

September 18, 1975

Opinion on whether or not county auditors and county treasurers are constitutional officers.

 

Requested by Mr. Wortham W. Dibble, Sumter.

 

Read full opinion.

September 18, 1975

Opinion on Act No. 283 of 1975 (home rule legislation).

 

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

 

Read full opinion.

September 17, 1975

Opinion on whether or not the Greenville County Council has the authority to eliminate the positions of township magistrates in the county.

 

Requested by The Honorable Charles Garrett, Member, South Carolina Senate.

 

Read full opinion.

September 17, 1975

Opinion on general revenue sharing funds (Section 1-360.21, 1962 Code of Laws of South Carolina (as amended)).

 

Requested by Mr. James E. Clyburn, Commissioner, South Carolina State Human Affairs Commission.

 

Read full opinion.

September 17, 1975

Opinion on procedure for residents to secede from a special purpose district (Section 59-599.91 et seq.).

 

Requested by Darrell Thomas Johnson, Jr., Esquire, Hardeeville.

 

Read full opinion.

September 16, 1975

Opinion on Act No. 283 of 1975 (home rule legislation).

 

Requested by Mr. Joseph H. Earle, Jr., Attorney for Greenville County.

 

Read full opinion.

September 16, 1975

Opinion on the constitutionality of legislation which would grant county-wide jurisdiction to a Saluda County magistrate.

 

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

 

Read full opinion.

September 15, 1975

Opinion on whether or not a county alcohol and drug abuse commission can pay a private organization to house and treat addicts in a racially discriminatory fashion.

 

Requested by Mr. Joseph H. Earle, Jr., Attorney for Greenville County.

 

Read full opinion.

September 15, 1975

Opinion on whether or not a sale of property by a municipal corporation for nonpayment of taxes is subject to outstanding liens for county taxes.

 

Requested by Richland County Attorney.

 

Read full opinion.

September 15, 1975

Opinion on the procedure for an application for amendment to a county zoning ordinance for the purpose of rezoning an area after the local planning commission has approved such amendment.

 

Requested by Mr. William R. Byars, Jr., Attorney for Kershaw County.

 

Read full opinion.

September 15, 1975

Opinion on whether or not magistrates can be agents to register mobile homes (Section 46-100, Code of Laws of South Carolina, 1962, as amended).

 

Requested by The Honorable Edward M. Bryant, Magistrate, Hartsville District.

 

Read full opinion.

September 15, 1975

Opinion on whether or not the sale of property by a municipal corporation for nonpayment of taxes is subject to outstanding liens for county taxes.

 

Requested by William H. Seals, Esquire, P.A., Attorney at Law.

 

Read full opinion.

September 12, 1975

Opinion on dual office holding (Chaplain of House of Representatives and Chaplain, S.C. Opportunity School).

 

Requested by Chaplain Alton C. Clark, Little Mountain.

 

Read full opinion.

September 12, 1975

Opinion on general elections (Sections 47.57.11 et. seq. of the Uniform Municipal Election Law; Section 23-400.15, S.C. Code of Laws of South Carolina).

 

Requested by Leo Hill, Esquire, Greenville.

 

Read full opinion.

September 12, 1975

Opinion on a proposed city of Columbia annexation election.

 

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

 

Read full opinion.

September 12, 1975

Opinion on whether county equipment can be used to maintain a private road (Article X, Section 9, South Carolina Constitution).

 

Requested by Mr. William R. Byars, Jr., Attorney for Kershaw County.

 

Read full opinion.

September 12, 1975

Opinion on whether public funds and public machinery may be used for maintenance of private roads and driveways in Oconee County.

 

Requested by Mr. W. Jerry Fedder, Seneca.

 

Read full opinion.

September 12, 1975

Opinion on whether or not a gift to a member of the General Assembly is a violation of the Ethics Law.

 

Requested by The Honorable David F. McInnis, Member, South Carolina House of Representatives.

 

Read full opinion.

September 11, 1975

Opinion on whether a state university may provide football tickets to its president and trustees (Ethics Act).

 

Requested by Requested by The Honorable Charles L. Powell, Member, South Carolina House of Representatives.

 

Read full opinion.

September 11, 1975

Opinion on the Governor’s powers in emergency situations on the allocation of the State’s supplies of natural gas to the citizens of South Carolina (Sections 44-311, et seq., Code of Laws of South Carolina, 1962, as amended).

 

Requested by Mr. David S. Harter, Director, South Carolina Energy Management Office.

 

Read full opinion.

September 11, 1975

Opinion on nepotism (Sections 50-101 and 21-351, Code of Laws of South Carolina).

 

Requested by The Honorable Robert R. Woods, Member, South Carolina House of Representatives.

 

Read full opinion.

September 10, 1975

Opinion on whether or not the S.C. Hall of Fame Committee can borrow money from the sinking fund (Sections 53-46.1; 1-791 et seq.; 53-49, et seq.; and 1-763, South Carolina Code of Laws, 1962, as amended).

 

Requested by Mr. J.P. Strom, Chairman, Law Enforcement Hall of Fame Committee.

 

Read full opinion.

September 9, 1975

Opinion on whether or not a purchaser of an automobile at an auction conducted by a bank or finance company must also satisfy a pre-existing lien (Section 45-550, South Carolina Code of Laws).

 

Requested by The Honorable David J. McInnis, Member, South Carolina House of Representatives.

 

Read full opinion.

September 9, 1975

Opinion on expenditure of real estate commission license funds (Chapter 28, Sections 56-1545 et seq., South Carolina Code of Laws).

 

Requested by Mr. Ralph H. Baer, Jr., South Carolina Real Estate Commissioner.

 

Read full opinion.

September 9, 1975

Opinion on the Home Rule Act.

 

Requested by The Executive Vice President, Municipal Association of South Carolina.

 

Read full opinion.

September 9, 1975

Opinion on automobile auctions pursuant to Section 45-550.

 

Requested by The Honorable David J. McInnis, Member, South Carolina House of Representatives.

 

Read full opinion.

September 9, 1975

Opinion on Home Rule Act, Act No. R-396.

 

Requested by The Honorable J. Stanley Pottinger, Assistant Attorney General, Department of Justice, Washington, D.C.

 

Read full opinion.

September 8, 1975

Opinion on the Ethics Act (Section 18, Act 191, Act of 1975).

 

Requested by The Chairman, Public Service Commission.

 

Read full opinion.

September 5, 1975

Opinion on dual office holding (state employee and county employee).

 

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

 

Read full opinion.

September 5, 1975

Opinion on feeding of livestock (Section 6-522 et seq. Code of Laws of South Carolina (1962) as amended).

 

Requested by The Director, Research and Administration, Agriculture and Natural Resources Committee.

 

Read full opinion.

September 4, 1975

Opinion on the Wrongful Death Act (Section 72-126.1(h), South Carolina Code of Laws (1962)).

 

Requested by Mr. Emil W. Wald.

 

Read full opinion.

September 4, 1975

Opinion on attorney fees in a third party action regarding a lien for workmen’s compensation benefits.

 

Requested by Mr. John Scott, Director, State Fund.

 

Read full opinion.

September 4, 1975

Opinion on dual office holding (member of the Community Health Board of Columbia and serving as Deputy Commissioner of the Dept. of Corrections).

 

Requested by Mr. Paul Weldon, Deputy Commissioner for Program Services, S.C. Department of Corrections.

 

Read full opinion.

September 4, 1975

Opinion on whether or not the Commission has authority to enforce the collection of taxes by levying upon a joint bank account.

 

Requested by Mr. Frank S. Newman, Chief Warrant Officer.

 

Read full opinion.

September 4, 1975

Opinion on dual office holding (serve as President of a state college and as a member of the State Ethics Commission).

 

Requested by The Honorable James B. Edwards, Governor, South Carolina.

 

Read full opinion.

September 4, 1975

Opinion on dual office holding (faculty member of a state college and a position with a governmental agency).

 

Requested by Joseph I. Hungate, Jr., Ph.D., Dean, DeSaussure College, University of South Carolina.

 

Read full opinion.

September 4, 1975

Opinion on the Home Rule legislation (Act No. 283 of 1975).

 

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

 

Read full opinion.

September 3, 1975

Opinion on whether the purchaser of an automobile at auction is responsible for the lien (Section 45-550, South Carolina Code of Laws).

 

Requested by The Honorable David J. McInnis, Member, South Carolina House of Representatives.

 

Read full opinion.

September 3, 1975

Opinion on whether a police officer who has been out on workmen’s compensation for a year is required to be retrained for the job.

 

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

 

Read full opinion.

September 3, 1975

Opinion on membership fee assessment for use of town recreational equipment and sites.

 

Requested by The Honorable A. Melfi, Member, Board of Aldermen, Town of Summerville.

 

Read full opinion.

September 3, 1975

Opinion on the fees paid to attorneys and physicians in civil commitment hearings (Act No. 1158 of 1974, Civil Commitment Law).

 

Requested by The Honorable Arnold S. Goodstein and The Honorable T. Dewey Wise, Members, South Carolina Senate.

 

Read full opinion.

September 2, 1975

Opinion on the definition of “grade crossing” with respect to railroad tracks (Section 58-841 et seq, South Carolina code of Laws).

 

Requested by Mr. Charlie A. McDuffie, Jr., Utilities Engineer.

 

Read full opinion.

September 2, 1975

Opinion on whether or not the Board of State Canvassers must meet to canvass the results of the referendums to be held pursuant to the Home Rule Act. (Section 23–473, South Carolina Code of Laws, 1962, as amended).

 

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

 

Read full opinion.

September 2, 1975

Opinion on the procedure to follow by the S.C. State Development Board if a request is received from the Columbia Housing Authority to extend its jurisdiction throughout Richland County.

 

Requested by Mr. W. Milton Folds, Director, South Carolina State Development Board.

 

Read full opinion.

September 2, 1975

Opinion on the Act Bearing House No. 3117.

 

Requested by Mr. George W. Warren, Jr., Attorney for Hampton County.

 

Read full opinion.

August 29, 1975

Opinion on taxes.

 

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

 

Read full opinion.

August 29, 1975

Opinion on Section 20 of the General Appropriations Act, General Obligation Bonds (Act No. 1377 of 1968).

 

Requested by The Honorable James B. Edwards, Governor, The Honorable Grady L. Patterson, Jr., State Treasurer, The Honorable Henry Mills, Comptroller General, The Honorable Rembert C. Dennis, State Senator, The Honorable F. Julian LeaMond, Member, House of Representative Members and the State Budget and Control Board.

 

Read full opinion.

August 29, 1975

Opinion on whether the Lancaster Park and Playground Commission has the authority to acquire title to real property.

 

Requested by The City Attorney.

 

Read full opinion.

August 29, 1975

Opinion on municipal corporation’s audit.

 

Requested by The Honorable Furman L. Pace, Sr., Councilman, Town of City View.

 

Read full opinion.

August 28, 1975

Opinion on title to marshlands.

 

Requested by Mr. Paul D. Gill, Jr., Jasper County Tax Assessor.

 

Read full opinion.

August 28, 1975

Opinion on whether or not the State Employee Grievance Committee must release a transcript taken during executive sessions to the State Human Affairs Commission.

 

Requested by Mr. Robert H. Stoudemire, Chairman State Employees Grievance Committee.

 

Read full opinion.

August 27, 1975

Opinion on the statutory rate paid by state agencies to newspapers for legal advertising (Code of Laws of South Carolina, 1962, as amended, Sections 10–1308; 10-1310 and 10–1311; 10–1311.01 and 10-1311.02; and 10–1311.1 thru 10–1311.4).

 

Requested by Paul H. Infinger, Attorney, Division of General Services.

 

Read full opinion.

August 27, 1975

Opinion on Public Law 93-647 (Section 459, South Carolina Code of Laws).

 

Requested by The Honorable Arnold S. Goodstein, Member, South Carolina Senate.

 

Read full opinion.

August 27, 1975

Opinion on release of certain information relating marriage licenses by the Bureau of Vital Statistics (Section 13.1(a)(3)).

 

Requested by Mr. H.T. Abbott, III.

 

Read full opinion.

August 27, 1975

Opinion on S-517 (membership and authority of the Board of Visitors of The Citadel).

 

Requested by The Honorable Larkin H. Jennings, Jr., Member, Board of Visitors of The Citadel.

 

Read full opinion.

August 26, 1975

Opinion on whether or not motor truck lines and bus lines are taxable (Sections 65-606; 65-608 and 65-609, Code of Laws of South Carolina).

 

Requested by The Director, Income Tax Division.

 

Read full opinion.

August 25, 1975

Opinion on whether or not a municipal charter expires automatically when the population drops below the level established by the statute (Sections 49-107, 59-601 et seq. and 599.91 et seq., 1962 Code of Laws of South Carolina).

 

Requested by Attorney, Center Fire District.

 

Read full opinion.

August 25, 1975

Opinion on the validity of a marriage of minors (Section 20-24, Code of Laws of South Carolina).

 

Requested by Rev. Msgr. William J. Voors, Chancellor, Diocese of Fort Wayne—South Bend.

 

Read full opinion.

August 22, 1975

Opinion on the Allendale County Supply Act.

 

Requested by Attorney for Allendale County.

 

Read full opinion.

August 22, 1975

Opinion on H-341, S. 319 (property law).

 

Requested by The Honorable Harold E. Taylor, Member, South Carolina House of Representatives.

 

Read full opinion.

August 22, 1975

Opinion on dual office holding (mayor of a municipality and member of the Oconee County Aeronautics Commission).

 

Requested by Mr. W. Jerry Fedder, Attorney for Oconee County.

 

Read full opinion.

August 22, 1975

Opinion on whether or not a county council can amend the requirements of a statewide act (Sections 14-3707 and 14-3792 of the Home Rule Act).

 

Requested by Mr. Ladson Howell, Attorney for Beaufort County.

 

Read full opinion.

August 21, 1975

Opinion on dual office holding (serve as county liaison officer and member of county board of social services).

 

Requested by Mr. William H. Seals, Attorney for Marion County.

 

Read full opinion.

August 21, 1975

Opinion on multi-year contracts by a county school board (Sections 21-61.5 and 21-228, Code of Laws of South Carolina).

 

Requested by Member, South Carolina House of Representatives.

 

Read full opinion.

August 21, 1975

Opinion on whether or not seventeen year old runaways may be detained and returned to the parents by law enforcement agencies (Section 55-65 et seq., Code of Laws of South Carolina, 1962, as amended).

 

Requested by J.P. Strom, Chief, South Carolina Law Enforcement Division.

 

Read full opinion.

August 21, 1975

Opinion on Section 47-669.171 through 47-669.173 relating to a proposed ordinance.

 

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

 

Read full opinion.

August 20, 1975

Opinion on whether or not the General Assembly can require the South Carolina Bar to deposit its funds in the General Fund (Article I, Section 8 of the South Carolina Constitution).

 

Requested by Mr. Claude M. Scarborough, Jr., President, South Carolina Bar.

 

Read full opinion.

August 20, 1975

Opinion on Act No. 27 of 1975.

 

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

 

Read full opinion.

August 20, 1975

Opinion on whether or not an individual who receives full retirement benefits from the U.S. Armed Forces may also receive retirement benefits from the South Carolina National Guard (Section 44-230 et seq., 1962 Code of Laws, as amended).

 

Requested by Deputy Adjutant General.

 

Read full opinion.

August 20, 1975

Opinion on the Home Rule Act (Act No. 283 of 1975).

 

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

 

Read full opinion.

August 20, 1975

Opinion on a whether a commissioned state constable serving as a private security guard has the authority to carry a pistol on the premises (Subsection C of Section 56-646.12, South Carolina Code of Laws).

 

Requested by Mr. Marcus Rogers, Seneca.

 

Read full opinion.

August 19, 1975

Opinion on the statutory definition of “all County School District Superintendents” (Article 11, Section 3, South Carolina Constitution, as amended; South Carolina General Appropriations Act R321, H2650).

 

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

 

Read full opinion.

August 19, 1975

Opinion on the common law crime of obstruction of justice (Section 32-957, Code of Laws of South Carolina, 1962 as amended).

 

Requested by The Honorable James Barnett Stephen, Member, South Carolina Senate.

 

Read full opinion.

August 19, 1975

Opinion on bench warrants (Section 43.111.1, Code of Laws of South Carolina, as amended).

 

Requested by Mr. George L. Amick, Director of Court Services, Family Court of Greenville County.

 

Read full opinion.

August 19, 1975

Opinion on the Home Rule Act.

 

Requested by Mr. D. Gene Rickenbaker, Executive Assistant, Office of the Governor.

 

Read full opinion.

August 19, 1975

Opinion on dual office holding (Commissioner of the SC Aeronautics Commission and Director of the State Energy Management Office).

 

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

 

Read full opinion.

August 19, 1975

Opinion on furnishing breakfasts in the public schools (SC General Appropriations Act for 1975-1976).

 

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

 

Read full opinion.

August 19, 1975

Opinion on the constitutionality of H. 2789, R-383 (property taxes, S.C. Constitution).

 

Requested by C.J. Manos, Esquire, Attorney for the Charleston County Tax Exempt Board.

 

Read full opinion.

August 18, 1975

Opinion on whether or not police chiefs of incorporated municipalities may designate personal cars of police officers as police cars (Sections 46-216; 46-544.1, and 46-292, Code of Laws of South Carolina, 1962; 1974 Cum. Supp.).

 

Requested by Police Department, Town of Prosperity.

 

Read full opinion.

August 18, 1975

Opinion on whether or not the Greenville County School District can charge students materials fees (South Carolina Constitution, Article 11, Section 3; Code of Laws of South Carolina, 1962, as amended, Sections 21-230, -471, 476, 486, and -752.1).

 

Requested by E.P. Riley, Esquire, Greenville County School District Attorney.

 

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August 18, 1975

Opinion on dual office holding (South Carolina Constitution, Article 17, Section 1-A; Code of Laws of South Carolina, 1962, Sections 50-151 and 50-1).

 

Requested by Robert O. Conoley, Attorney for Greenville City.

 

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August 15, 1975

Opinion on competitive bidding on state contracts.

 

Requested by Mr. Jess Huggins, State Liaison Office, South Carolina Department of Parks, Recreation and Tourism.

 

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August 15, 1975

Opinion on Act 1136, Acts of 1970.

 

Requested by Attorney at Law.

 

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August 15, 1975

Opinion on Section 21 of the Appropriations Act for 1975-1976.

 

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

 

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August 15, 1975

Opinion on Act No. 1136, Acts of 1970.

 

Requested by C. Walker Limehouse, Esquire, Attorney at Law.

 

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August 14, 1975

Opinion on appointment method and term of office of the Check Clearing House Magistrate for Greenville County (Act No. 19 of the 1975 Acts of the General Assembly).

 

Requested by The Honorable Charles G. Garrett, Member, South Carolina Senate.

 

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August 14, 1975

Opinion on the sale of pistols (amendment to Act No. 330, 1965).

 

Requested by James Verner, Esquire, Harley & Verner, Newberry.

 

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August 14, 1975

Opinion on a petition for annexation (Article 8, Section 5, South Carolina Constitution).

 

Requested by The Honorable James B. Edwards, Governor, South Carolina.

 

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August 13, 1975

Opinion on the legal status of the Lancaster Housing Authority (Section 36-112, Code of Laws of South Carolina (1962)).

 

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

 

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August 13, 1975

Opinion on the legal status of the Commission on Alcohol and Drug Abuse for Marlboro and Chesterfield Counties (Act. No. 602, Acts and Joint Resolutions of South Carolina, 1954, Section 61-221(b)).

 

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

 

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August 13, 1975

Opinion on whether the substitution of alternative brands of the same generic drug violates Sections 32-1510.104(a) and (i), 32-1510-105(b) (Code of Laws of South Carolina, 1962, as amended).

 

Requested by Thomas D. Wyatt, Jr., R.Ph., Director, Narcotic and Drug Control Division.

 

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August 12, 1975

Opinion on compliance of a proviso inserted into an appropriations bill.

 

Requested by Assistant Director, Parks, Recreation and Tourism.

 

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August 12, 1975

Opinion on the status of the Darlington County Library (R410 and S540).

 

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

 

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August 12, 1975

Opinion on whether or not grandchildren are entitled to insurance payouts of a deceased state employee (S.C. Code Section 19-52).

 

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

 

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August 12, 1975

Opinion on whether or not faculty members of the Criminal Justice Academy are eligible for membership in the Police Officers Retirement System.

 

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

 

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August 12, 1975

Opinion on lotteries (South Carolina Constitution, Article SVII, Section 7).

 

Requested by Mr. Albert Raymond, Secretary and Legal Counsel, Government du Quebec.

 

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August 12, 1975

Opinion on whether or not there are limitations on the use of the South Carolina State Seal in connection with gift items manufactured by private enterprise.

 

Requested by Information Specialist, South Carolina American Revolution Bicentennial Commission.

 

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August 11, 1975

Opinion on whether or not the S.C. State Highway Department has the authority to compel members of the public seeking issuance of automobile license tags to provide proof of payment of municipal taxes (South Carolina Code of Laws, Sections 33-21; 46-17; 46-17.1 and 46-17.2).

 

Requested by S.N. Pearman, Chief Highway Commissioner.

 

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August 11, 1975

Opinion on whether or not the State is secondarily liable for the maintenance of restored historic property (National Historic Preservation Act of 1966, Section II, Part XVII, B).

 

Requested by The State Historic Preservation Officer, South Carolina Department of Archives and History.

 

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August 11, 1975

Opinion on the State’s reciprocity arrangements for certain licensed professions (Title 56, Code of Laws of South Carolina, 1962).

 

Requested by Mr. Bruce Comly French, Staff Director, Committee on Government Operations, Council of the District of Columbia.

 

Read full opinion.

August 11, 1975

Opinion on whether or not a magistrate can use the Circuit Court’s jury box (Section 43-1063, Code of Laws of South Carolina, as amended in 1964).

 

Requested by Mrs. Pearl S. Kirby, Clerk of Court, Union.

 

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August 8, 1975

Opinion on whether or not a magistrate has jurisdiction in matters between a landlord and tenant where the amount in controversy exceeds $200.00 (Title 41, South Carolina Code of Laws, 1962, as amended).

 

Requested by Mr. Neal Forney, Director, Judicial Education, South Carolina Court Administration.

 

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August 7, 1975

Opinion on the legal age to play pinball machines (Section 5-660, South Carolina Code of Laws).

 

Requested by Attorney for Abbeville County.

 

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August 7, 1975

Opinion on dual office holing (member of the Williston City Council and member of the Committee on Narcotics and Controlled Substances).

 

Requested by The Honorable Herbert Horton, Member, Williston City Council.

 

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August 7, 1975

Opinion on the legal age to play pinball machines (Section 5-622.1, South Carolina Code of Laws).

 

Requested by Mr. G. Samuel Jones, Abbeville Amusement Company.

 

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August 5, 1975

Opinion on the procedure to select a county form of government under the ‘home rule’ legislation (Act 283 of 1975).

 

Requested by The Honorable Solomon Blatt, Speaker Emeritus, South Carolina House of Representatives.

 

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August 5, 1975

Opinion on whether or not a Great Falls ordinance (Sec. 4-4) regarding drinking in public places is constitutional (South Carolina constitution, Article VIII, Section 11).

 

Requested by The Chief of Police, Great Falls.

 

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August 5, 1975

Opinion on who has authority to levy taxes and appropriate funds for education purposes in Clarendon County for the fiscal year 1976-1977 (Act No. 283 of 1975).

 

Requested by The Honorable John C. Land III, Member, South Carolina House of Representatives.

 

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August 4, 1975

Opinion on the validity of omitting certain language which will appear on ballots.

 

Requested by The Honorable James B. Van Osdell, Member, South Carolina House of Representatives.

 

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August 4, 1975

Opinion on proposed policy procedures regarding eligibility for pardon consideration (Article IV, Section 11 of the South Carolina Constitution; Section 55-643, South Carolina Code of Laws, 1962).

 

Requested by Mr. J.P. Pratt, II, Deputy Director, South Carolina Probation Parole and Pardon Board.

 

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August 4, 1975

Opinion on importation and storage of alcoholic beverages in South Carolina warehouses by out of state distillers (Sections 4-140 and 4-141, South Carolina code of Laws (1962), as amended).

 

Requested by Mr. Kenneth E. Allen, Director, South Carolina Alcoholic Beverage Control Commission.

 

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August 1, 1975

Opinion on which agency has sole authority to create additional local review boards.

 

Requested by Ms. Barbara Chappell, Director, Office of Child Advocacy, Office of Governor.

 

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August 1, 1975

Opinion on whether or not the S.C. Human Affairs Commission has statutory authority to contract with legal aid agencies to provide legal services to the elderly poor in civil cases (Section 1-360.21 et seq., South Carolina Code of Laws, 1962, as amended).

 

Requested by Mr. James E. Clyburn, Commissioner for Human Affairs Commission.

 

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August 1, 1975

Opinion on whether canned ice tea is a “bottled soft drink” as defined by Section 65-763 of the South Carolina Code of Laws.

 

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

 

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August 1, 1975

Opinion on whether or not a carnival operated for profit by an individual or a corporation is subject to the tax on general gate admissions (Section 65-802(3), South Carolina Code of Laws.

 

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

 

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July 31, 1975

Opinion on whether a special purpose district created for fire protection provides its services to persons who reside outside the boundary lines but are adjacent to it.

 

Requested by Attorney, Center Fire District, Aiken County.

 

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July 31, 1975

Opinion on how many names must be placed in the jury box for a magistrate’s jury (Section 43-116, 1962 Code of Laws of South Carolina).

 

Requested by Mrs. Pearl S. Kirby, Clerk of Court, Union.

 

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July 31, 1975

Opinion on municipalities (local government law).

 

Requested by The Honorable Eric Hill, Mayor Pro Tem, Town of Bonneau.

 

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July 30, 1975

Opinion on release of a student’s personally identifiable records, files or information contained by an educational institution (Section 513(a), Part C, General Education Provision Act, as amended by Section 438(b)(1)(A)-(D)).

 

Requested by The Director, Office of Manpower Planning and Coordination.

 

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July 30, 1975

Opinion on whether or not the Governor may make recess or interim appointments to the recently created State Ethics Commission (1975 Ethics Act).

 

Requested by The Honorable James B. Edwards, Governor, South Carolina.

 

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July 30, 1975

Opinion on a covenant agreement between a State Agency and a private organization involving property.

 

Requested by Mr. Bernard V. Kearse, Historical Programs, South Carolina Department of Archives and History.

 

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July 30, 1975

Opinion on various criminal codes (Sections 16-1291; 17-251 and -252; and 17-300(b), South Carolina Code of Laws).

 

Requested by Mr. William Neil Graham, Chairman, Department of Criminal Justice, Tri-County Technical College.

 

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July 30, 1975

Opinion on “X” rated and other offensive motion pictures (Section 5-121, South Carolina Code of Laws).

 

Requested by The Honorable Nae Parks, Sheriff of Lancaster County.

 

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July 30, 1975

Opinion on the Local Government Implementation Act relating to school education (Section 14-3707.1).

 

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

 

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July 29, 1975

Opinion on the appointive powers of the Florence County Council (Act No. 283 of 1975, the “home rule” legislation).

 

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

 

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July 29, 1975

Opinion on the legality of a county Board of Commissioners’ appropriation of general county funds to a Chamber of Commerce for the promotion of industry.

 

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

 

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July 28, 1975

Opinion on deadlines for a county form of government (Act No. 555 of 1971, [57 STAT. Act No. 555 at 1047 (1971] and Act No. 283 of 1975).

 

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

 

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July 28, 1975

Opinion on whether a licensed optician can use his general trade name in advertising a hearing aid service.

 

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

 

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July 28, 1975

Opinion on the constitutionality of several Acts of the 1975 General Assembly relating to the prohibitory language of Section 7 of Article VIII of the State Constitution.

 

Requested by The Honorable James B. Edwards, Governor, South Carolina.

 

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July 28, 1975

Opinion on the effective date of the “home rule” legislation (Part I, Section 3 of Act No. 283 of 1975).

 

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

 

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July 25, 1975

Opinion on whether or not the South Carolina General Assembly now has the authority to establish or realign voting precincts throughout the State (Act No. 283 of 1975, home rule legislation).

 

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

 

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July 25, 1975

Opinion on statutory bonds (Notice of Lis Pendens).

 

Requested by T. Legare Rodgers, Clerk of Court, Beaufort County.

 

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July 25, 1975

Opinion on whether instructors at technical education centers are state employees.

 

Requested by Dr. Charles E. Palmer, Executive Director, State Board For Technical And Comprehensive Education.

 

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July 25, 1975

Opinion on tax collection (Section 65-2002, South Carolina Code of Laws).

 

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

 

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July 25, 1975

Opinion on whether a county auditor can also be the county assessor (Section 4 of Act No. 208 of 1975).

 

Requested by Mr. Guy A. Pitts, Jr., Director, Property Tax Division.

 

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July 25, 1975

Opinion on whether mobile homes should be considered real property (Act No. 881, Acts of 1962 and Section 3-B of Act No. 208.

 

Requested by Mr. Guy A. Pitts, Jr., Director, Property Tax Division.

 

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July 25, 1975

Opinion on whether there is a conflict between Act No. 881, Acts of 1962; and Section 3-B of Act No. 208, Acts of 1975 relating to the licensing of mobile homes.

 

Requested by The Director, Property Tax Division.

 

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July 24, 1975

Opinion on whether Act No. R333 of 1975 which authorizes City of Beaufort to borrow five hundred thousand dollars for general improves violates Article VIII, Section of the South Carolina Constitution.

 

Requested by Mr. Harold Trask, Special Assistant to the Governor.

 

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July 24, 1975

Opinion on the issuance of general obligations bonds by the City of Prosperity.

 

Requested by The Honorable Richard M. Kenan, Member, South Carolina House of Representatives.

 

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July 24, 1975

Opinion on admissibility of breathalyzer tests.

 

Requested by Attorney for Colleton County.

 

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July 23, 1975

Opinion on income tax apportionment formula (Section 65-279.4 of the South Carolina Code of Laws).

 

Requested by Attorney for Richland County.

 

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July 23, 1975

Opinion on the penalty for filing of false stolen vehicle reports (Section 46-150.90, Code of Laws of South Carolina).

 

Requested by Lieutenant Paul M. Burch, Pageland Police Department.

 

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July 23, 1975

Opinion on the effective date of a modified reclamation plan (Section 63-721 of the 1962 Code of Laws of South Carolina).

 

Requested by The Director, Division of Mining and Reclamation, Land Resources Commission.

 

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July 22, 1975

Opinion on whether or not a member of the Board of the S.C. Commission for the Blind would have to register as a lobbyist (Section 30-155(c), 1962 South Carolina Code of Laws).

 

Requested by Mr. Harry J. Haynsworth, Chairman of the Board, S.C. Commission for the Blind.

 

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July 21, 1975

Opinion on the applicability of the No-Fault Insurance Act relating to coverage of school buses (Act 1177 of 1974).

 

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

 

Read full opinion.

July 21, 1975

Opinion on whether the open mess programs on Charleston Air Force Base can permit the playing of bingo (Article XVII, Section 7 of the South Carolina State Constitution).

 

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

 

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July 18, 1975

Opinion on whether a nonprofit corporation is exempt from collecting an admission tax (Section 65-802, Code of Laws of South Carolina).

 

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

 

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July 18, 1975

Opinion on whether the S.C. ETV Network can purchase parking facilities from the University of South Carolina (Section 21-60.3, 1962 Code of Laws of South Carolina).

 

Requested by The Director, Division of Special Services, South Carolina ETV Network.

 

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July 17, 1975

Opinion on whether South Carolina requires mothers to support their minor children (Section 25, Act No. 1195 of 1968 [Section 15-1095.25(b), 1974 Supplement to Code of Laws of South Carolina (1962)]).

 

Requested by Mr. Archie Ellis, Commissioner, Department of Social Services.

 

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July 17, 1975

Opinion on use of personal cars by individual police offers as emergency vehicles (1975 Act 74 to Amend Section 46-216 of the 1962 Code of Laws of South Carolina).

 

Requested by Mr. Jones.

 

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July 17, 1975

Opinion on the powers of arrest by municipal police (Sections 47-147 and 47-232, South Carolina Code of Laws).

 

Requested by The Honorable Charles Ross Smith, Mayor, Lincolnville.

 

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July 16, 1975

Opinion on procedure for processing emergency admitees to State Hospitals.

 

Requested by J.C. McAlpine, M.D., McAlpine & Howell Internal Medicine Associates, P.A.

 

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July 16, 1975

Opinion on exemption of certain vehicles by Secretary of State No. 256 (Section 46-653, Code of Laws of South Carolina).

 

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

 

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July 16, 1975

Opinion on arrest warrants (Section 43.111.1, Code of Laws of South Carolina).

 

Requested by Ms. Ann. Furr, Richland County Public Defender.

 

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July 15, 1975

Opinion on Home Rule bill (Section 14-3701(a)).

 

Requested by Mr. J. Archie Lee, Conway.

 

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July 15, 1975

Opinion on the constitutionality of Ratification No. 436.

 

Requested by Mr. Frank E. Harrison, Attorney for McCormick County.

 

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July 15, 1975

Opinion on right of way concerning owner’s lot into the shoreline.

 

Requested by The Honorable Edward J. Smith, Member, South Carolina House of Representatives.

 

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July 15, 1975

Opinion on rules and procedural matters concerning Town Councils (Home Rule Bill, S-18, R396; Article 3, Sections 47-49 and 47-50, South Carolina Code of Laws).

 

Requested by Ms. Sue G. Padgett, Bureau of Governmental Research and Service, University of South Carolina.

 

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July 15, 1975

Opinion on dual office holding (chairmanship of a fire district and a member of the Charleston County Planning Board).

 

Requested by Mr. Ben Scott Whaley, Attorney for Charleston County.

 

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July 15, 1975

Opinion on whether or not the Junior Welfare League of Florence, S.C., Inc. would be exempt from the registration fee under the Solicitation of Charitable Funds Act.

 

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

 

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July 15, 1975

Opinion on whether parents have jurisdiction over a minor who married without parental consent.

 

Requested by The Honorable William W. Peagler, Judge of Probate, Moncks Corner.

 

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July 14, 1975

Opinion on the residency requirements for the Charleston Police Chief (Section 53-372, South Carolina Code of Laws, 1962).

 

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

 

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July 14, 1975

Opinion on R456, Appropriations Act.

 

Requested by The Honorable James B. Edwards, Governor, South Carolina.

 

Read full opinion.

July 14, 1975

Opinion on proposed amendments to the voting procedure to the general Resolution enacted by the Charleston County Legislative Delegation (Section 14-1163, South Carolina Code of Laws).

 

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

 

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July 14, 1975

Opinion on the Pollution Control Act.

 

Requested by Mr. Charles R. Jeter, Director, Bureau of Wastewater and Stream Quality Control.

 

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July 11, 1975

Opinion on document retention of UCC financing statements.

 

Requested by The Honorable C. Anthony Harris, Member, South Carolina Senate.

 

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July 11, 1975

Opinion on Medical Technologies licensing requirements.

 

Requested by Ms. Sue Butler, Ruston.

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July 10, 1975

Opinion on rules of the Merit System council.

 

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

 

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July 10, 1975

Opinion on the circumstances where money may be confiscated in connection with drug and gambling raids.

 

Requested by Lt. C.C. Long, Rock Hill Police Department.

 

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July 9, 1975

Opinion on whether there is a fixed income level requirement to qualify for the homestead exemption on property of permanently disabled owners.

 

Requested by Gerald W. Burnett, S.C. Assistant Comptroller General.

 

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July 9, 1975

Opinion on dual office holding (state employee and member of West Columbia City Council).

 

Requested by Mr. G.W. Hopkins, Jr., Director, Education Television Division of Special Services.

 

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July 9, 1975

Opinion on whether or not a State Mental Health Facility can provide information to school student’s mental health (Section 32-1022, South Carolina Code of Laws).

 

Requested by Mr. Walter W. Lewin, Administrative Assistant, Santee-Wateree Mental Health Center.

 

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July 9, 1975

Opinion on whether an individual who has previous liquor code violations at one establishment is entitled to a license to sell liquor at other establishments (Section 4-29.6, 1962 South Carolina Code of Laws).

 

Requested by Mr. Kenneth E. Allen, Director, South Carolina Alcoholic Beverage Control Commission.

 

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July 8, 1975

Opinion on whether or not county zoning regulations apply to a county school district.

 

Requested by Mr. Joseph H. Earle, Jr., Attorney for Greenville County.

 

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July 8, 1975

Opinion on exemptions of the State’s pistol law relating to hunting(Section 16-129 et seq., South Caroline Code of Laws).

 

Requested by The Honorable D.E. Finley, Jr., Magistrate, Pickens.

 

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July 7, 1975

Opinion on a pay grade reduction pursuant to the Classification and Compensation Section of the State Personnel division (Section 1-49.16, Code of Laws of South Carolina).

 

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

 

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July 7, 1975

Opinion on the definition of the phrase “ministers of the Gospel” (Section 20-2, Code of Laws of South Carolina (1962)).

 

Requested by The Reverend Clay T. Wilson, Piedmont.

 

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July 7, 1975

Opinion on the status of the South Carolina Student Loan Corporation.

 

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

 

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July 7, 1975

Opinion on a proposed contract relating to pilots for purposes of the Workmen’s Compensation Act (Section 72-131, South Carolina Code of Laws (1962)).

 

Requested by Mr. Duane A. Earles, Compliance Officer, South Carolina Industrial Commission.

 

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July 7, 1975

Opinion on whether the State or Richland County Council has any financial obligation towards the Richland County Historic Preservation Commission.

 

Requested by the State Historic Preservation Officer.

 

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July 7, 1975

Opinion on the authority of municipalities to abate and remove nuisances within their limits (Section 47-66, South Carolina Code of Laws).

 

Requested by The Honorable Shirley L. Johnson, Councilwoman, City of Goose Creek.

 

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July 7, 1975

Opinion on whether a law firm can retain a member’s name in the firm after the member has been elevated to judge (Section 15-624, 1962 Code of Laws).

 

Requested by W.T. Johnson, Esquire, Conway.

 

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July 7, 1975

Opinion on an audit of the S.C. Retirement System.

 

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

 

Read full opinion.

July 3, 1975

Opinion on the scope of Act No. 1207 of 1975.

 

Requested by Mr. C.W F. Spencer, Jr., Attorney for City of Rock Hill.

 

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July 3, 1975

Opinion on the disposition of old marriage license applications (Sections 1-581 through 1-594, 1962 Code of Laws of South Carolina).

 

Requested by The Honorable Ralph W. Drake, Probate Judge, Greenville.

 

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July 3, 1975

Opinion on whether towns are separate entities within county borders.

 

Requested by Mr. Henry S. Lafitte, Chairman, Allendale County Board of Directors.

 

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July 3, 1975

Opinion on what effect an adoption decree has upon the rights of the adopted child to inherit from its natural parents.

 

Requested by Probate Judge, Greenville County.

 

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July 3, 1975

Opinion on estate taxes (Section 19-438, 1962 South Carolina Code of Laws).

 

Requested by Mr. Joe H. Martin, Ware Shoals.

 

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July 2, 1975

Opinion on whether or not Marion School District Number 1 is required to sell land in its possession or the District may donate such land (Section 21-238, South Carolina Code of Laws (1962)).

 

Requested by Mr. Wendell S. Paulk, Project Developer, S.C. Department of Parks, Recreation and Tourism.

 

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July 2, 1975

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

 

Requested by The Honorable P.L. Conwell, Chief of Police, Gray Court.

 

Read full opinion.

July 2, 1975

Opinion on dual office holding (county veterans service officer and member of county commission on alcohol and drug abuse).

 

Requested by Mr. Joseph H. Earle, Jr., Attorney for Greenville County.

 

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July 1, 1975

Opinion on the easement for sewage lines.

 

Requested by The Honorable J.D. Page, Jr., Councilman, Town of Hampton.

 

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July 1, 1975

Opinion on McCormick County Water and Sewer Authority (Act No. 717 of 1973, 58 STAT. Act No. 717 at 1374 (1973)).

 

Requested by Mr. Frank E. Harrison, Attorney for McCormick County.

 

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July 1, 1975

Opinion on the Voting Rights Act of 1965 (42 U.S.C. Section 1971 et seq.)

 

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

 

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June 30, 1975

Opinion on whether Section 56.1545.16(10), Code of Laws of South Carolina, 1962, as amended authorizes taking action against a realtor arrested and indicted for murder.

 

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

 

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June 30, 1975

Opinion on “home rule” legislation (Act No. 283 of 1975; Section 14-3701(a) and -3701(b)).

 

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

 

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June 30, 1975

Opinion on the Emergency Medical Service Act of 1974 (Sections 32-905.31 et seq.)

 

Requested by Committee Chairman, Emergency Medical Services Advisory Council.

 

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June 30, 1975

Opinion on whether associate probate judges can issue marriage licenses, handle estates of deceased persons, etc. (Section 150405.1, Code of Laws of South Carolina, 1962, as amended).

 

Requested by C.W. Derrick, Esquire, Marion.

 

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June 30, 1975

Opinion on dual office holding (City Recorder in one municipality and Assistant City Recorder in the City of Anderson).

 

Requested by J. Franklin McClain, Esquire, Anderson.

 

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June 30, 1975

Opinion on whether the position of city attorney is considered an “office” within the meaning of Art. 17, Section 1A.

 

Requested by Barry W. Knobel, Esquire, Anderson.

 

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June 27, 1975

Opinion on whether the Board of Trustees of the Charleston County School District has authority to dismiss an employee hired by constituent trustees (Sections 2 and 6, 1967 Act No. 340).

 

Requested by No Address.

 

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June 27, 1975

Opinion on a draft petition for an election under Sections 14-3701 et seq. of the 1962 Code of Laws of South Carolina.

 

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

 

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June 27, 1975

Opinion on whether a criminal can have their voting rights restored.

 

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

 

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June 26, 1975

Opinion on the discharge of certain patients and permitting them use of passes for an extended period of time (Sections 32-987 and 32-990, Code of Laws of South Carolina, 1962, as amended).

 

Requested by William S. Hall, M.D., State Commissioner, S.C. Department of Mental Health.

 

Read full opinion.

June 26, 1975

Opinion on whether the State Human Affairs Commission has authority to provide legal services to elderly and low income people.

 

Requested by Executive Assistant for Legal Affairs.

 

Read full opinion.

June 26, 1975

Opinion on whether county commissioners have the authority to set office hours of certain county officials to be open on Saturday mornings (Section 14-3251 et seq., 1962 South Carolina Code of Laws).

 

Requested by The Honorable Eugene Blease, Member, South Carolina House of Representatives.

 

Read full opinion.

June 26, 1975

Opinion on the legality of a proposed scheme for the disposition of a certain parcel of land (Sections 16-501, -502, Code of Laws of South Carolina).

 

Requested by Mr. Fred M. Davis.

 

Read full opinion.

June 25, 1975

Opinion on Act No. 1176 of 1974.

 

Requested by The Honorable I.S. Leevy Johnson, Member, South Carolina House of Representatives.

 

Read full opinion.

June 25, 1975

Opinion on whether the City Recorder, the Mayor, or Mayor Pro Tem has the authority to issue warrants for violations of the City Code (Section 15-901; Section 15-1002 et seq., Code of Laws of South Carolina, 1962).

 

Requested by Cyrus F. Sloan, III, Esquire, Marion.

 

Read full opinion.

June 25, 1975

Opinion on the constitutionality of an Act bearing Ratification Number R-401.

 

Requested by The Honorable James B. Edwards, Governor, South Carolina.

 

Read full opinion.

June 25, 1975

Opinion on the South Carolina Mining Act.

 

Requested by Mr. Murray Wood, Director, Department of Mining and Reclamation.

 

Read full opinion.

June 24, 1975

Opinion on licenses for land surveyors.

 

Requested by Ferrell J. Prosser, South Carolina Board of Engineering Examiners.

 

Read full opinion.

June 24, 1975

Opinion on authority of a municipality to require business licenses for contractors.

 

Requested by Clerk, Town of Leesville.

 

Read full opinion.

June 24, 1975

Opinion on whether coin-operated non-payout pin tables with free play feature are unlawful in South Carolina.

 

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

 

Read full opinion.

June 23, 1975

Opinion on entitlement period for a county to expend funds provided under revenue sharing (Fed. Statute, Section 123, P.L. 92-512).

 

Requested by a Member, South Carolina House of Representatives.

 

Read full opinion.

June 23, 1975

Opinion on retention of claims records held by a county.

 

Requested by Mr. George Warren, Jr., Attorney for Hampton County.

 

Read full opinion.

June 23, 1975

Opinion on the North Charleston Sewer District Commission.

 

Requested by David G. Jennings, Esquire, North Charleston.

 

Read full opinion.

June 23, 1975

Opinion on a special election of the school trustees in Edgefield County (Act No. 1018 of the 1968 Acts and Joint Resolutions, Section 2).

 

Requested by Mr. John S. Edwards, Chairman, Edgefield County Election Commission.

 

Read full opinion.

June 20, 1975

Opinion on landscape contractors.

 

Requested by Mr. W N. Barnett, District Five Schools, Duncan.

 

Read full opinion.

June 19, 1975

Opinion on dual office holding (member of SC House of Representatives and employee of School Dist. No. 1 of Richland County).

 

Requested by The Honorable George Wilson, Member, South Carolina House of Representatives.

 

Read full opinion.

June 19, 1975

Opinion on dual office holding (county attorney, assistant solicitor and attorney for school district no. 3).

 

Requested by Mr. J.D. Compton, President, Cedar Grove Precinct.

 

Read full opinion.

June 18, 1975

Opinion on the Freedom of Information law relating to organizations.

 

Requested by Mr. Dean B. Livingston, Publisher and Editor, The Times and Democrat.

 

Read full opinion.

June 18, 1975

Opinion on whether the Town of Ware Shoals may provide power and/or fuel for the Ware Shoals Child Development Center.

 

Requested by Mrs. Margaret E. Herring, Director, Ware Shoals Child Development Center.

 

Read full opinion.

June 18, 1975

Opinion on whether the City Recorder, Mayor or Mayor Pro Tem have authority to issue warrants for violations of city codes (Section 15-901, South Carolina Code of Laws, 1962).

 

Requested by Cyrus F. Sloan, III, Esquire, McLendon and Sloan, Marion.

 

Read full opinion.

June 18, 1975

Opinion on the propriety of combining the charges of possession of marijuana and with the intent to distribute under the same indictment.

 

Requested by W.B. Carter (Det.), Narcotics Division, Columbia Police Department.

 

Read full opinion.

June 18, 1975

Opinion on the State’s Annual Leave Act (Act No. 997 of 1974).

 

Requested by Mr. Ralph C. McCullough, II, Assistant Dean and Professor of Law, University of South Carolina Law Center.

 

Read full opinion.

June 18, 1975

Opinion on the coverage/eligibility of non-contract school employees under the Federal “Special Unemployment Assistance Program” (Title II of the ‘Emergency Jobs and Unemployment Assistance Act of 1974’ (H.R. 16596), P.L. 93-567).

 

Requested by Mr. Grady E. Sanford, Superintendent, Spartanburg County School District Five.

 

Read full opinion.

June 17, 1975

Opinion on who has authority to fill a vacancy of an elective office until the next general election for that office (Section 14-302, South Carolina Code of Laws).

 

Requested by The Honorable Charlie I. Crews, Chairman, County Council of Hampton County.

 

Read full opinion.

June 17, 1975

Opinion on a proposed ordinance regarding pet ownership.

 

Requested by Mr. Thomas E. Ingram, Cheraw.

 

Read full opinion.

June 17, 1975

Opinion on the removal of pleadings from the Clerk of Court’s Office (Section 16-371, South Carolina Code of Laws).

 

Requested by Mr. J. Thomas Mikell, Esquire, Beaufort.

 

Read full opinion.

June 17, 1975

Opinion on conflict of interests by a city councilman (Article II, Section 2-9, Code of the City of Folly Beach).

 

Requested by The Honorable John D. Bradley III, Member, South Carolina House of Representatives.

 

Read full opinion.

June 17, 1975

Opinion on whether the position of Service Offer is an office within the meaning of dual office holding.

 

Requested by Mr. Hoyt B. Hill, Jr., Director, Department of Veterans’ Affairs.

 

Read full opinion.

June 17, 1975

Opinion on whether charges by a county for use of its landfill paid by a city constitutes double taxation.

 

Requested by Attorney for Barnwell County.

 

Read full opinion.

June 17, 1975

Opinion on the distinction between a public road and a private drive.

 

Requested by Mr. Larry J. Lassiter, Cherokee County Administrator.

 

Read full opinion.

June 16, 1975

Opinion on the South Carolina Retirement System.

 

Requested by Mr. John E. Wise, Vice President, Medical University of South Carolina.

 

Read full opinion.

June 16, 1975

Opinion on the establishment of legal paternity (Sections 15-1383 and -1095.27, Code of Laws of South Carolina 1962, as amended).

 

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

 

Read full opinion.

June 16, 1975

Opinion on whether the State has a deferred income compensation plan administered by it.

 

Requested by The Honorable Larry Derryberry, Attorney General, State of Oklahoma.

 

Read full opinion.

June 16, 1975

Opinion on the legal status of the Piedmont Sewer Light and Fire District (Section 61-1(5), Code of Laws of South Carolina, 1962).

 

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

 

Read full opinion.

June 16, 1975

Opinion on the legal status of the Anderson Minority Community Educational Program.

 

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

 

Read full opinion.

June 16, 1975

Opinion on the legal status of the Gilbert-Summit Rural Water District.

 

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

 

Read full opinion.

June 16, 1975

Opinion on the legality of practicing naturopathy in South Carolina (Section 56-901, South Carolina Code of Laws).

 

Requested by Mr. Jack A. Long, Portland, Oregon.

 

Read full opinion.

June 16, 1975

Opinion on bench warrants (Section 43-111.1, Code of Laws of South Carolina, 1962).

 

Requested by The Honorable James A.K. Roper, The Family Court of Greenville.

 

Read full opinion.

June 16, 1975

Opinion on the Police Officers’ Retirement System.

 

Requested by Mr. H.R. Thompson, State Legislative Chairman, Fraternal Order of Police.

 

Read full opinion.

June 13, 1975

Opinion on whether a Board of Education can be held liable for acts performed in the course of discharging their official duties and responsibilities.

 

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

 

Read full opinion.

June 13, 1975

Opinion on The Freedom of Information Act relating to police records.

 

Requested by Mr. Carrol G. Heath, Staff Superintendent, Aiken Police Department.

 

Read full opinion.

June 13, 1975

Opinion on appeal of bond forfeitures (Section 15-915, 1962 Code of Laws of South Carolina as amended).

 

Requested by The Honorable Ted B. Wyndham, Greenwood City Traffic Judge.

 

Read full opinion.

June 13, 1975

Opinion on whether a tear gas canister which may be used as a protective weapon is in violation of laws prohibition the possession of certain unlawful weapons.

 

Requested by The Honorable Walter E. Newman, Director of Public Safety, City of North Augusta.

 

Read full opinion.

June 13, 1975

Opinion on driving under suspension of license (Section 46-710, 1962 Code of Laws of South Carolina).

 

Requested by The Honorable Ray B. Edenfield, Magistrate, County of Allendale.

 

Read full opinion.

June 13, 1975

Opinion on the permissibility of deducting from payroll compensatory monies to recover the value of lost or misplaced tools and equipment.

 

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

 

Read full opinion.

June 13, 1975

Opinion on whether or not a special election to fill a vacancy may be held at the same time as a scheduled general election.

 

Requested by Mr. G.H. Kearse, Attorney at Law, Allendale.

 

Read full opinion.

June 12, 1975

Opinion on required relocation assistance by the University of South Carolina.

 

Requested by Phillip M. Grier, University Counsel, University of South Carolina.

 

Read full opinion.

June 12, 1975

Opinion on tort liability policy.

 

Requested by John E. Mahaffey, M.D., Professor and Chairman, Department of Anesthesiology, Medical University of S.C.

 

Read full opinion.

June 12, 1975

Opinion on the administration of certain government functions in South Carolina.

 

Requested by Mr. Russell E. Hamill, Jr., Director, Office of the State Affairs, Office of the Montgomery County Executive.

 

Read full opinion.

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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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