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.

December 31, 1975

Opinion on a proposed contract between the SCDPRT and a realtor.

Requested by William R. Jennings, Director, Div. of Planning, S.C. Department of Parks, Recreation and Tourism.

Read full opinion.

December 31, 1975

Opinion on record retention by the Lexington County Department of Education (Act. No. 291 of 1973, 58 STAT at Large, p. 350, Sections 1-581 through 1-594, Code of Laws of South Carolina).

Requested by T.H. Rawl, Jr., Esquire.

Read full opinion.

December 30, 1975

Opinion on a purported contract between the Department of Social Services, the Governor, and a California-based private corporation.

Requested by The Honorable Ernest A. Finney, Jr.; R.R. Woods; B.J. Gordon; I.S. Levy Johnson; John Matthews; Hudson Barksdale; Earl Middleton; Theo Mitchell; Joseph Murray; and Kay Patterson, Members, South Carolina House of Representatives.

Read full opinion.

December 30, 1975

Opinion on securities held by the South Carolina Retirement System (S.C. Code Section 1-797 and 1-742.1; 3 Scotts on Trust, Sections 230, 231).

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

Read full opinion.

December 30, 1975

Opinion on whether the State of South Carolina is immune from local zoning regulations.

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

Read full opinion.

December 29, 1975

Opinion on South Carolina Code of Laws, Section 17-574.1.

Requested by The Honorable John M. Young, Richland County Public Defender.

Read full opinion.

December 29, 1975

Opinion on whether or not a city can offer rewards for the apprehension of offenders against criminal laws.

Requested by The City Manager, Walterboro.

Read full opinion.

December 29, 1975

Opinion on the constitutionality of Act No. 270 of 1975.

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

Read full opinion.

December 29, 1975

Opinion on absentee registration (Act No. 210 of 1975; Title 23 of the South Carolina Code of Laws).

Requested by Polly Dammann, Attorney at Law, Voting Section, Civil Rights Division, Washington, D.C.

Read full opinion.

December 29, 1975

Opinion on the legality of a proposed action by a mayor in redrawing the city limits (Section 47-205, South Carolina Code of Laws, 1962).

Requested by Mr. Tom Turnipseed and The Chairman, Spartanburg County Commission.

Read full opinion.

December 29, 1975

Opinion on privately leased lots at Hunting Island State Park.

Requested by Mr. J.W. Lawrence, Assistant Director, South Carolina Department of Parks, Recreation and Tourism.

Read full opinion.

December 22, 1975

Opinion on whether a city operating a municipal parking lot is exempt from ad valorem taxation (Article 10, Section 4 of the South Carolina Constitution; Section 65-1522(20)(21)(22) and (23), South Carolina Code of Laws).

Requested by Mr. J. Calhoun Pruitt, Jr., Esquire.

Read full opinion.

December 22, 1975

Opinion on dual office holding (member of the S.C. Board of Dental Examiners and of the S.C. State Ethics Commission)

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

Read full opinion.

December 22, 1975

Opinion on whether the language “withholding sentence” prevents a judge from imposing a fine on a defendant (Section 32-1510.57, South Carolina Code of Laws).

Requested by P. Lewis Pitts, Jr., Esquire, Assistant Public Defender.

Read full opinion.

December 22, 1975

Opinion on the method by which Section 3 of Act No. 1675 of 1972, which provides for membership of the Donalds-Due West Water and Sewer Authority, can be amended (Section 3 of Act No. 1675 of 1972).

Requested by Mr. Robert L. Hawthorne, Jr., Esquire, Abbeville.

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December 22, 1975

Opinion on the definition of “entity” as used in Section 26 of the Ethics Act (Act 191 of 1975, Ethics Act).

Requested by The Honorable John Drummond, Chairman, Senate Legislate Ethics Committee.

Read full opinion.

December 19, 1975

Opinion on elections per the “home rule” legislation (Section 47-21 of Act No. 283 of 1975).

Requested by The Honorable Paul Gelegotis, Member, South Carolina House of Representatives.

Read full opinion.

December 19, 1975

Opinion on a proposed ballot drafted per the “home rule” legislation (Section 47-29 of Act No. 283 of 1975).

Requested by Mr. Joseph S. Mendelsohn, Charleston County Election Commission.

Read full opinion.

December 19, 1975

Opinion on Florence County Ordinance No. 3-5/76.

Requested by Mr. M.B. Love, Jr., Florence.

Read full opinion.

December 18, 1975

Opinion on what action can be taken on the continued service of a member of the Greenville Memorial Auditorium District Board who has been indicted by a federal grand jury on criminal charges.

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

Read full opinion.

December 18, 1975

Opinion on whether the Governor has authority to make appointments to a newly created local Foster Care Review Board (Section 2, Act No. 1172, Acts and Joint Resolutions, 1974)

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

Read full opinion.

December 18, 1975

Opinion on dual office holding (member of the Board of Dental Examiners and the State Ethics Commission).

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

Read full opinion.

December 18, 1975

Opinion on the propriety of the Budget and Control Board hearing a dispute between the Department of Education and Williamsburg County.

Requested by Mr. Pat Smith, State Auditor.

Read full opinion.

December 16, 1975

Opinion on whether persons convicted of certain crimes prohibited by the South Carolina Pistol Act from possessing or acquiring pistols in the State (Section 16-129, et seq. of the 1962 Code of Laws of South Carolina as amended).

Requested by The Chief, State Law Enforcement Division.

Read full opinion.

December 15, 1975

Opinion on whether or not the Dorchester County Council is authorized to require the Sheriff of Dorchester County to turn over to it the fees and commissions which the Sheriff collects.

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

Read full opinion.

December 15, 1975

Opinion on whether or not a judge’s rehabilitation order for New South Life Insurance Company affords full protection to policyholders’ buying such policies subsequent to June 5, 1972 (S.C. Code of Laws, Section 37-1, et seq.).

Requested by The Honorable Claude E. McCain, Chairman, S.C. Insurance Commission.

Read full opinion.

 

December 15, 1975

Opinion on disposition of securities purchased by the S.C. Retirement System (South Carolina Code of Laws, Section 1-797). .

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

Read full opinion.

December 12, 1975

Opinion on whether or not a married woman is required to change her last name to her married name on her driver’s license.

Requested by Mr. Emory P. Austin, Jr., Director, Motor Vehicle Division.

Read full opinion.

December 12, 1975

Opinion on whether or not a person waives or forfeits the homestead exemption when making written application in person and the auditor’s office prevents it through erroneous instructions (Section 65-1522.1.

Requested by The Honorable T.H. Caughman, Deputy Comptroller General.

Read full opinion.

December 11, 1975

Opinion on what type of projects State School Bonds can be used for (Section 21-995, et seq, Code of Laws of South Carolina (1962) as amended).

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

Read full opinion.

December 10, 1975

Opinion on the legality of a city or county council or board voting the members thereof a salary increase to be effective while they are in office (81 C.J.S. States, Section 58 at 977-8; 1967 Op. Att’y Gen. No. 2213 at 7).

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

Read full opinion.

December 10, 1975

Opinion on whether the Laurens County Council has the authority to alter the number of members on the Laurens County Airport Commission (52 STAT. Act No. 696 at 1695 (1962))..

Requested by Mr. Thomas A. Babb, Attorney for Laurens County.

Read full opinion.

December 10, 1975

Opinion on whether Darlington County needs to have federal government approval for its form of county government (“home rule legislation, Section 14-3701(b), Act No. 283 of 1975).

Requested by The Honorable Edward E. Saleeby, Member, South Carolina Senate.

Read full opinion.

December 10, 1975

Opinion on the licensing requirements for gas fitters and mechanical tradesmen (Section 14-4000.601 (1974 Supp.).

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

Read full opinion.

December 9, 1975

Opinion on whether under the council-administrator form of government, the chairman is selected by the council and the salary is set by them (Act No. 283 of 1975, “home rule” legislation; Section 14-3708, South Carolina Code of Laws).

Requested by Mr. J. Archie Lee, Chairman, Horry County Election Commission.

Read full opinion.

December 9, 1975

Opinion on whether or not the board of State Canvassers can convene a meeting by way of a conference call (Section 23-473, South Carolina Code of Laws, 1962, as amended; Act No. 995, Section 10).

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

Read full opinion.

December 9, 1975

Opinion on whether or not use of public funds and machinery may be used for maintenance of private roads and driveways in Pickens County.

Requested by The Honorable Mendel Stewart, Chairman, Pickens County Council.

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December 9, 1975

Opinion on the steps to resell property acquired by the Florence Housing Authority (Article XIV, Section 5 of the South Carolina Constitution).

Requested by Mr. Wylie H. Caldwell, Jr., Florence.

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December 9, 1975

Opinion on whether the Pickens County Council is the recommendatory body for appointments to the board of election commissioners (Section 23-400, Code of Laws of South Carolina, 1962, as amended).

Requested by The Honorable Harris P. Smith, Member, South Carolina Senate.

Read full opinion.

December 9, 1975

Opinion on whether or not the S.C. Real Estate Commission can appoint a board to review and evaluate real estate courses to satisfy educational prerequisites for real estate licensing.

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

Read full opinion.

December 8, 1975

Opinion on elections (Act No. 283 of 1975, the “home rule” legislation).

Requested by Mr. Frederick H. Brown, Esquire.

Read full opinion.

December 5, 1975

Opinion on whether or not a volunteer fireman is an employee within the meaning of Section 47-47 of Act No. 283 of 1975).

Requested by Mr. Marion B. Holman, Attorney at Law, Batesburg.

Read full opinion.

 

December 5, 1975

Opinion on group life insurance (Section 37-307(4), South Carolina Code of Laws).

Requested by Mr. Thomas M. Dabbs, S.C. State Association of Life Underwriters, Inc.

Read full opinion.

December 5, 1975

Opinion on the legality of operating a large grocery store on Sunday (Section 64-2.1, South Carolina Code of Laws).

Requested by The Honorable W. B. Harmon, Mayor, Town of Hemingway.

Read full opinion.

December 4, 1975

Opinion on whether or not the Chester County Board of Directors and/or County Manager have authority to dismiss deputy sheriffs.

Requested by The Sheriff, Chester County.

Read full opinion.

December 4, 1975

Opinion on what extent does the Equal Credit Opportunity Act pre-empt the provisions of the South Carolina Consumer Finance Act prohibiting dual loans.

Requested by Mr. Everett H. Whitler, Director, Consumer Finance Division, South Carolina State Board of Bank Control.

Read full opinion.

December 4, 1975

Opinion on who has authority to accept a Settlement Agreement on behalf of the State (Section 51-76, Code of Laws of South Carolina (1962)).

Requested by Mr. J.W. Lawrence, Assistant Director—Operation, S.C. Department of Parks, Recreation and Tourism.

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December 4, 1975

Opinion on dual office holding (Town Attorney and Mayor).

Requested by The Honorable William Cody Owens, Mayor of Whitmire.

Read full opinion.

December 3, 1975

Opinion on the effect of the Home Rule legislation on municipal and county planning and zoning activities (Act No. 283 of 1975; Act No. 487 of 1967; Section 14-3103(9), South Carolina Code of Laws).

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

Read full opinion.

December 2, 1975

Opinion on whether or not the State Workmen’s Compensation Fund is an “open fund” for payment of claims/ awards to State employees (Section 72-451, Code of Laws of South Carolina).

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

Read full opinion.

December 2, 1975

Opinion on the South Carolina Consumer Protection Act (Sections 2.301 and 3.301, S.C. Consumer Protection Code).

Requested by The Honorable Irvin D. Parker, Administrator, Department of Consumer Affairs.

Read full opinion.

December 2, 1975

Opinion on whether it is appropriate for the Department of Consumer Affairs to spend public funds to purchase tort liability insurance.

Requested by The Honorable Irvin D. Parker, Administrator, Department of Consumer Affairs.

Read full opinion.

December 1, 1975

Opinion on whether the Governor has the authority to call a Statewide Grand Jury into session to investigate illegal drug traffic in the State.

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

Read full opinion.

December 1, 1975

Opinion on the deletion of Section 12-9 from the Leesville Business and Professional License Tax Ordinance (Section 47-271, Code of Laws of South Carolina).

Requested by the License Committee, Leesville Town Council.

Read full opinion.

December 1, 1975

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

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

Read full opinion.

December 1, 1975

Opinion on the use of funds for school projects (Part II, Section 20, 1975-76 General Appropriation Act).

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

Read full opinion.

November 29, 1975

Opinion on whether or not it is proper for the Board of State Canvassers to convene a meeting by conference call rather than in person.

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

Read full opinion.

November 28, 1975

Opinion on whether a laundry or linen service is exempted from ad valorum taxes (Section 65-1540, South Carolina Code of Laws).

Requested by The Honorable Francis L. Kindt, Chairman, Beaufort County Equalization Board.

Read full opinion.

November 28, 1975

Opinion on whether an out of state auction company is required to have a license or permit to conduct an auction in the state.

Requested by Ms. Sylvia Roth, Research Validation Corporation, New York.

Read full opinion.

November 26, 1975

Opinion on crime of moral turpitude; mayor convicted on a charge of assault and battery (Article 6, Section 8, South Carolina Constitution).

Requested by The Executive Assistant, Office of the Governor.

Read full opinion.

November 26, 1975

Opinion on whether the position of President of South Carolina State College is an office subject to dual office holding provisions.

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

Read full opinion.

November 26, 1975

Opinion on who has operation and control of a new detention center (the sheriff or an administrator) .

Requested by Mr. W.R. Byars, Attorney for Kershaw County.

Read full opinion.

November 26, 1975

Opinion on filling a vacancy in the Office of Auditor, Edgefield County.

Requested by County Administrator, Edgefield County.

Read full opinion.

November 26, 1975

Opinion on whether the definition of “local government amendment” is applicable to the Town of McCormick (Act No. 283 of 1975).

Requested by The Attorney for the Town of McCormick.

Read full opinion.

November 25, 1975

Opinion on the constitutionality of pre-filed bill H. 3280.

Requested by The Honorable Robert C. Toomey, Member, Medical, Military, Public and Municipal Affairs Committee, South Carolina House of Representatives.

Read full opinion.

November 25, 1975

Opinion on dual office holding (state employee and be appointed a member of the Commission on the Status of Women).

Requested by Ms. Lois E. McGaha, Management Review Office, Office of the Governor.

Read full opinion.

November 25, 1975

Opinion on taxes on banks (Section 65-403, South Carolina Code of Laws).

Requested by Mr. James M. Morrie, Attorney for Clarendon County.

Read full opinion.

November 25, 1975

Opinion on a proposed bill regarding the minimum age requirement for people to serve on school boards (Article XVII, Section ____, South Carolina Constitution).

Requested by Director of Research, House Education and Public Works Committee.

Read full opinion.

November 24, 1975

Opinion on the admissions tax on tickets to the Naval and Maritime Museum at Charleston (Section 65-802, South Carolina Code of Laws).

Requested by the Legal Counsel, Patriots Point Development Authority.

Read full opinion.

November 24, 1975

Opinion on whether a regional council of governments can engage in the operation of a multi-purpose regional computer center (Act No. 487 of 1967, as amended by Act No. 363 of 1971).

Requested by Mrs. Virginia W. Plylar, Assistant to the Executive Director Appalachian Council of Governments.

Read full opinion.

November 24, 1975

Opinion on Sections 41-101 et seq. and Sections 41-151 et seq. provide for ejectment and restraint respectively may be used against a enant either simultaneously or for the same rental period.

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

Read full opinion.

November 21, 1975

Opinion on the legality of the consumption of alcoholic liquors on Sunday at a private function of a business establishment on its premises (Section 10(4) of Act No. 1063, 1972 Acts and Joint Resolutions; Section 4-29(4), Code of Laws of South Carolina, 1962 as amended).

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

Read full opinion.

November 21, 1975

Opinion on a proposed amendment to Act No. 1099 of 1974 (minimum of two years teaching in a school district and signing of a contract for a third year).

Requested by The Director of Research, House Education and Public, Works Committee.

Read full opinion.

November 21, 1975

Opinion on Section 47-34 of Act No. 283 of 1975 (“home rule” legislation).

Requested by Mr. M.A. Gunter, Jr., Building Official, City of Union.

Read full opinion.

November 21, 1975

Opinion on whether counties have to provide facilities and support personnel to accommodate the circuit courts (Act No. 1263 of 1785; Act No. 1379 of 1950).

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

Read full opinion.

November 21, 1975

Opinion on what effect, if any, the Home Rule Act of 1975 will have on the appointment of commissioners.

Requested by Mr. Joseph S. Mendelsohn, Secretary, Commissioners of Election for Charleston County.

Read full opinion.

November 21, 1975

Opinion on the meaning of the phrase “centralized purchasing system” used in the home rule legislation (Section 14-3713 of Act No. 283 of 1975).

Requested by Mr. Daniel L. Guffey, Purchasing Specialist, Appalachian Council of Governments.

Read full opinion.

November 21, 1975

Opinion on whether a building commission is responsible for relocation assistance to displaced persons (revenue sharing funds, Sections 25-181 et seq., Code of Laws of South Carolina, 1962, as amended).

Requested by The Honorable William J. McLeod, Member, South Carolina House of Representatives.

Read full opinion.

November 21, 1975

Opinion on the “home rule” legislation relating to whether a census other than the 1970 federal one may be used for the purpose of dividing a county into single-member districts (Act No. 283 of 1975, Section 14-3706, South Carolina Code of Laws).

Requested by The Honorable W.R. Sauls, Mayor, Town of Hardeeville.

Read full opinion.

November 21, 1975

Opinion on the constitutionality of a 1975 Act bearing Ratification No. 429 (jurisdiction, powers and duties for a special magistrate in Lexington County).

Requested by The Honorable James R. Metts, Sheriff, Lexington County.

Read full opinion.

November 21, 1975

Opinion on the authority of the Aiken County Board of Commissioners to close the Aiken County Hospital (1972 Acts 2253).

Requested by The Honorable Michael L. Laughlin, Member, South Carolina Senate.

Read full opinion.

November 21, 1975

Opinion on whether the Florence County Council presently has appointive powers, pursuant to Act. No 27 of 1975 [59 STAT. Act No. 27 at 23 (1975)], with regard to various boards and commissions.

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

Read full opinion.

November 21, 1975

Opinion on whether or not the South Congaree Mayor and a South Congaree councilman can be employed by that Town as school guards (Section 47-47 of Act No. 283 of 1975, home rule legislation).

Requested by The Honorable Paul Jones, Chief of Police, West Columbia.

Read full opinion.

November 20, 1975

Opinion on personal property taxes (Sections 65-1644 and -1504, South Carolina Code of Laws).

Requested by Mr. Janice D. Hulbert, Goose Creek City Clerk-Treasurer.

Read full opinion.

November 20, 1975

Opinion on the form of government under which the City of Anderson presently operates (Section 47-20 of Act No. 823 of 1975, the home rule legislation).

Requested by The Honorable Darwin H. Wright, Mayor, City of Anderson.

Read full opinion.

November 20, 1975

Opinion on whether or not Section 17–54 of the Ordinances of the City of Goose Creek regarding City Police Officers’ responsibilities for requiring appearance bonds is valid (Section 46-855, South Carolina Code of Laws, 1962, as amended).

Requested by The City Attorney for Goose Creek.

Read full opinion.

November 20, 1975

Opinion on dual office holding (member of S.C. Youth Services Commission and the South Carolina Development Disability Council).

Requested by Mrs. Barbara Sylvester, Member of S.C. Youth Services Commission.

Read full opinion.

November 20, 1975

Opinion on whether or not personnel records of a faculty member at a state institution of higher learning (including confidential evaluations of teaching performance) would be public records under the Freedom of Information Act.

Requested by Colonel James P. Woods, Director of The Citadel staff.

Read full opinion.

November 20, 1975

Opinion on the continuing validity of the office of Clarendon County Supervisor in light of Part 3, Section 3 of Act No. 370 of 1975 [59 STAT. Act No. 370 at 974 (1975)].

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

Read full opinion.

November 19, 1975

Opinion on the Annual Leave Act (Act No. 997, Statutes at Large of South Carolina, 1974 (Section 1–91.8, et seq., Code of Laws of South Carolina, as amended; Act No. 800, Statutes at Large of South Carolina, 1966).

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

Read full opinion.

November 19, 1975

Opinion on whether fees and other monies received by Technical Education Centers are State monies, and if so, what disposition is to be made.

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

Read full opinion.

November 19, 1975

Opinion on whether a State agency can enter into a joint venture with the private sector allowing the agency to advertise and answer inquiries concerning existing vacant industrial buildings in South Carolina where the agency expends no State funds.

Requested by The Deputy Director, State Development Board.

Read full opinion.

November 19, 1975

Opinion on the homestead exemption for persons over sixty-five (Act no. 208 of 1975).

Requested by Terry L. Ray, Barnwell County Tax Assessor.

Read full opinion.

November 19, 1975

Opinion on dual office holding.

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

Read full opinion.

November 18, 1975

Opinion on whether a Master in Equity may charge a commission for “moneys passing through his hands” upon a portion of a judgment debt.

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

Read full opinion.

November 18, 1975

Opinion on a proposed ordinance by the Spartanburg County Commission to appoint a law enforcement administrative officer.

Requested by Mr. Roy McBee Smith, Attorney for Spartanburg County.

Read full opinion.

November 18, 1975

Opinion on federal home loan stock dividends (Section 65-253, South Carolina Code of Laws, 1962; Section 1433 of Title 12 of the U.S. Code).

Requested by Mr. C.H. Brooks, Director, Income Tax Division.

Read full opinion.

November 17, 1975

Opinion on whether or not a State agency can require a mandatory retirement age before age 70.

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

Read full opinion.

November 17, 1975

Opinion on whether or not the State Development Board may designate specific printers from which the advertising agency of record requests bids on printing contracts (Part II, Section 18 of Act No. 1137, 1974).,

Requested by The Deputy Director, State Development Board.

Read full opinion.

November 17, 1975

Opinion on the constitutionality of the South Carolina State Development Board (South Carolina Constitution, Article 10, Section 6 and Article 12, Section 1; Code of Laws of South Carolina, 1962, as amended, Section 9-301 et seq.).

Requested by The South Carolina State Development Board.

Read full opinion.

November 14, 1975

Opinion on whether or not the Governor has the power to fill vacancies on County Boards of Registration (Section 23-51 of the Code of Laws of South Carolina).

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

Read full opinion.

November 12, 1975

Opinion on whether or not South Carolina Code of Laws, 1962, as amended, Section 54–321 et seq., applies to rivers or only the water three miles off-shore.

Requested by Dr. Robert L. Stephenson, Institute of Archeology and Anthropology, University of South Carolina.

Read full opinion.

November 12, 1975

Opinion on whether the position as member on the S.C. Development disability Council constitutes an office within the constitutional sense (South Carolina Constitution, Article XVII, Section 1A and Article VI, Section 3).

Requested by Mrs. Barbara Sylvester, Member, S.C. Youth Services Commission.

Read full opinion.

November 12, 1975

Opinion on whether or not deputy coroners are authorized to carry a pistol or other handgun (Section 17-65, 1962 Code of Laws of South Carolina).

Requested by Administrative Assistant, State Law Enforcement Division.

Read full opinion.

November 12, 1975

Opinion on dual office holding (member of the Lander College Board of Visitors and Chairman of the S.C. Public Service Commission).

Requested by The Honorable Rudolph Mitchell, Chairman, S.C. Public Service Commission).

Read full opinion.

November 7, 1975

Opinion on dual office holding (member of Kershaw County Council and Camden Historical Commission).

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

Read full opinion.

November 6, 1975

Opinion on the Workmen’s Compensation Act relating to dairy farm employees (Sections 72–107 and 72–108 of the South Carolina Code).

Requested by Mr. Duane A. Earles, Compliance Officer, S.C. Industrial Commission.

Read full opinion.

November 6, 1975

Opinion on a proposed City of Aiken ordinance (South Carolina Code of Laws (1962), Sections 47–61, 47–1323).

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

Read full opinion.

November 6, 1975

Opinion on taxes (Article 10, Sections 5 and 5(79), Constitution of South Carolina).

Requested by Attorney, School District.

Read full opinion.

November 6, 1975

Opinion on the certification of the Republican Party nominees in the upcoming election (Section 23-400.15, South Carolina Code of Laws, 1962, as amended).

Requested by Mr. Morris Rosen, Attorney for the Charleston Election Commission.

Read full opinion.

November 5, 1975

Opinion on whether or not directors and presidents at technical education centers are State employees (Section 31 of the 1975–76 Appropriation Act).

Requested by The State Budget and Control Board.

Read full opinion.

November 5, 1975

Opinion on dual office holding (part-time municipal judge and acceptance of another office).

Requested by The Honorable Stancel E. Kirkland, Pine Ridge Municipal Judge.

Read full opinion.

November 5, 1975

Opinion on the minimum age for a person to carry a pistol (Section 16-129.2(e), South Carolina code of Laws).

Requested by Mr. Ernest L. Ellis, State Law Enforcement Division.

Read full opinion.

November 5, 1975

Opinion on whether or not a magistrate has authority to refuse to accept bonds submitted by a bondsman or surety company who present a financial or moral risk.

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

Read full opinion.

November 4, 1975

Opinion on whether there is an existing statute that authorizes the Columbia City Magistrate to charge and collect from the defendant any fee in addition to his salary.

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

Read full opinion.

November 4, 1975

Opinion on dual office holding (member of General Assembly and serve as Special Master).

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

Read full opinion.

November 4, 1975

Opinion on whether or not a church can relocate a cemetery which has not been abandoned as a cemetery.

Requested by Mr. H. Michael Spivey, Messrs. Younts, Reese & Cofield, Greenville.

Read full opinion.

November 3, 1975

Opinion on whether or not a student can attend school in Sumter County when he resides in another county but his family owns property in Sumter County (Section 21-751.1, Code of Laws of South Carolina).

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

Read full opinion.

November 3, 1975

Opinion on the constitutionality of proposed legislation changing the method of selecting the Dorchester County Board of Education (Section 21-101, Code of Laws of South Carolina, 1962, as amended).

Requested by The Honorable John Hamilton Smith, Member, South Carolina House of Representatives.

Read full opinion.

October 31, 1975

Opinion on accumulation of annual or sick leave for temporary State employees.

Requested by The Honorable Thomas S. Linton, Code Commissioner and Director of the Legislative Council of the General Assembly.

Read full opinion.

October 30, 1975

Opinion on Sections 25-81, et seq., Code of Laws of South Carolina, 1962, as amended.

Requested by The Honorable William J. McLeod, Member, South Carolina House of Representatives.

Read full opinion.

October 29, 1975

Opinion on recognition of adoptions decreed in Germany in the U.S.

Requested by The Honorable Ernest F. Hollings, Member, South Carolina Senate.

Read full opinion.

October 29, 1975

Opinion on whether or not a county medical examiner can reach a conclusion that a person is dead without examination by a physician.

Requested by Mr. Kenneth Chue, Coroner, Charleston County.

Read full opinion.

October 29, 1975

Opinion on whether or not a notary public can notarize his wife’s signature (66 C.J.S., Notaries, Section 6).

Requested by Mr. L.P. Langston.

Read full opinion.

October 28, 1975

Opinion on State school bonds (Section 20, Part II of State Appropriations Act).

Requested by Dr. Cyril B. Busbee, State Superintendent of Education.

 

Read full opinion.

October 28, 1975

Opinion on whether a new jury box could be prepared pursuant to Act No. 1091 of the 1972 Acts and Joint Resolutions.

Requested by The Honorable Ed Manos, Abbeville County Magistrate.

Read full opinion.

October 28, 1975

Opinion on who has responsibility of printing and delivering the House Journal.

Requested by The Clerk, South Carolina House of Representatives.

Read full opinion.

October 27, 1975

Opinion on whether or not ambulance operators employed by a private operator are employees of the county.

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

Read full opinion.

October 27, 1975

Opinion on whether or not the State Human Affairs Commission has authority to contract with legal aid agencies.

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

Read full opinion.

October 27, 1975

Opinion on home rule legislation (Article 3 of Act No. 283 of 1975).

Requested by The Honorable Thomas E. Garrison, Member, South Carolina House of Representatives.

Read full opinion.

October 27, 1975

Opinion on whether clients of the Vocational Rehabilitation Facility injured while on non-paying job tryouts are eligible for workmen’s compensation benefits.

Requested by Mr. Douglas P. Crossman, Director of Coverage and Compliance, S.C. Industrial Commission.

Read full opinion.

October 24, 1975

Opinion on whether the Charleston County Park, Recreation and Tourist Commission is empowered to grant monies to the Edisto Island Area Self-Development of People, Inc.

Requested by Mr. Andrew J. Hodges, Esquire, Deputy County Attorney for Charleston County.

Read full opinion.

October 24, 1975

Opinion on whether or not members of the board of commissioners provided for in Article 6 of Act No. 283 of 1975, the ‘home rule’ legislation, are to be elected pursuant to that Article.

Requested by James Fields, Esquire, Research Assistant, Senate Judiciary Committee.

Read full opinion.

October 22, 1975

Opinion on dual office holding (member of the Richland County Board of Social Services and the Central Midlands Health District Advisory Board).

Requested by Collie L. Moore, Chief Chaplin, Crafts-Farrow State Hospital.

Read full opinion.

October 22, 1975

Opinion on whether the Senate Standing Committee on Agriculture and Natural Resources may investigate price differentials between Charleston and other ports (South Carolina Constitution, Article II, Sections 1, 12 and 13).

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

Read full opinion.

October 22, 1975

Opinion on whether or not deed conveying real property to a state agency is subject to documentary taxation (Section 65-689, South Carolina Code of Laws).

Requested by The Honorable Olanthe Ashe, Clerk of Court, Allendale County.

Read full opinion.

October 22, 1975

Opinion on whether non-physicians are legally empowered to decide when a person has died.

Requested by Gordon R. Hennigar, M.D., Medical Examiner’s Commission, Office of the Chief Medical Examiner.

Read full opinion.

October 22, 1975

Opinion on whether or not a business corporation can merge with a cooperative formed under the Cooperative Marketing Act.

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

Read full opinion.

October 20, 1975

Opinion on amendment of Section 5-11 of the South Carolina code of Laws.

Requested by Mr. William Abernathy, Executive Director, State Agricultural and Mechanical Fair Association.

Read full opinion.

October 17, 1975

Opinion on the constitutionality of certain appropriations proposed by the Richland County Council (46 STAT. Act No. 332 R 631 (1949) as amended; 53 STAT. Act No. 726, Section 5 at 1783 (1964), as amended; 54 STAT. Act No. 366 at 660 (1965); S.C. Constitution, art. X, Section 6).

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

Read full opinion.

October 17, 1975

Opinion on whether the Allendale County Board of Directors may divide the compensation of an individual into salary and expenses.

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

Read full opinion.

October 17, 1975

Opinion on whether a deed conveying property to a housing authority requires documentary stamps (Chapter 2 of Title 36 of the South Carolina Code of Laws).

Requested by The Honorable James G. Fickling, Barnwell County Clerk of Court.

Read full opinion.

October 16, 1975

Opinion on whether or not the S.C. Real Estate Commission has jurisdiction over a lease dispute between an owner of real property and a tenant on that real property.

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

Read full opinion.

October 15, 1975

Opinion on whether or not armed forces personnel are exempt from personal property taxes on one automobile (The Soldiers and Sailors Relief Act, 50 U.S.C.A. 574).

Requested by Mrs. Laura J. Cone, Allendale County Auditor.

Read full opinion.

October 15, 1975

Opinion on whether or not George Kinamon is property qualified to administer marriage ceremonies (Section 20-2 of the Code of Laws of South Carolina).

Requested by Dr. Harvey A. Hester, Fort Mill.

Read full opinion.

October 15, 1975

Opinion on whether or not State agencies have the authority to the purchase real property.

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

Read full opinion.

October 10, 1975

Opinion on whether or not a deed from a trustee in bankruptcy is required to have state and county documentary stamps (Sections 65-689 and 65-699, Code of Laws of South Carolina, 1962).

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

Read full opinion.

October 10, 1975

Opinion on whether or not a deed from a trustee in bankruptcy is required to have state and county documentary stamps (Sections 65-689 and 65-699, Code of Laws of South Carolina, 1962).

Requested by O. Douglas Smith, Esquire.

Read full opinion.

October 9, 1975

Opinion on whether the S.C. Tax Commission is required to assess for taxation certain classes of property (Section 10 of Part II of Act 237, Acts of 1975, the State Appropriation Bill).

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

Read full opinion.

October 9, 1975

Opinion on the definition of “assessed value” as used in Article 10, Section 5 of the South Carolina Constitution.

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

Read full opinion.

October 9, 1975

Opinion on proposed legislation regarding bonding limitation for each separate tax district (House Bill 2418).

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

Read full opinion.

October 9, 1975

Opinion on whether a member of a governing body of a public agency can contract with that agency.

Requested by Mr. Buck Mickel, Chairman of the Board, Daniel International Corporation.

Read full opinion.

October 9, 1975

Opinion on taxes on all property in the State (Act 208, Acts of 1975)

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

Read full opinion.

October 8, 1975

Opinion on dual office holding (city councilman and county parole officer).

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

Read full opinion.

October 8, 1975

Opinion on whether or not a school district can require a teacher on jury duty to remit monies received for jury service when the district pays the teacher’s regular salary.

Requested by W.J. Clark, Superintendent, Orangeburg School District Five.

Read full opinion.

October 8, 1975

Opinion on dual office holding (member of Richland county Bd. of Social Services and the Central Midlands Health District Advisory Board

Requested by Collie L. Moore, Chief Chaplin, Crafts-Farrow State Hospital.

Read full opinion.

October 7, 1975

Opinion on whether an engineering firm that does not have a professional engineer as a principal member of the firm violates State law.

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

Read full opinion.

October 7, 1975

Opinion on an advertising and promotion contract.

Requested by Mr. J. W. Lawrence, Assistant Director of Operations, S.C. Parks, Recreation and Tourism.

Read full opinion.

October 6, 1975

Opinion on whether State agencies may select an out-of-state advertising agency if no qualified agency is located in the state (Section 65 of Act No. 237)

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

Read full opinion.

October 6, 1975

Opinion on whether an amusement tax can be charged by a cable television company for pay television movies.

Requested by General Field Supervisor, License Tax Division, S.C. Tax Commission.

Read full opinion.

October 6, 1975

Opinion on what official has the duty to see that defendants sentenced in circuit court are committed to the proper institution of confinement.

Requested by The Honorable Francis B. Nicholson, Judge, Eighth Judicial Circuit.

Read full opinion.

October 6, 1975

Opinion on the general stock law (Section 6-311, South Carolina Code of Law, 1962).

Requested by The Honorable Harris P. Smith, Member, South Carolina Senate.

Read full opinion.

October 3, 1975

Opinion on the Alcoholism and Intoxication Treatment Act (Act. No. 1213 of 1974).

Requested by Mr. Curtis E. Baggett, Director, McCormick County Alcohol and Drug Abuse Commission.

Read full opinion.

October 3, 1975

Opinion on the effective date for expiration of terms for county council members under the “home rule” legislation (Act No. 283 of 1975).

Requested by The Honorable Harris P. Smith, Member, South Carolina Senate.

Read full opinion.

October 2, 1975

Opinion on whether a service of summons by publication in a state newspaper is compliant with Sections 10-452, 203 and 204.

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

Read full opinion.

October 2, 1975

Opinion on The Private Employment Agencies Act (Article 1, Section 4, 1895 South Carolina Constitution).

Requested by Mr. Joe E. Lambeth, Chairman, S.C. Employment Agency Board.

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.

 

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September 2, 1975

Opinion on the Act Bearing House No. 3117.

 

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

 

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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.

 

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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.

 

Read full opinion.

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.

Read full opinion.

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.

 

Read full opinion.

August 15, 1975

Opinion on Act 1136, Acts of 1970.

 

Requested by Attorney at Law.

 

Read full opinion.

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.

 

Read full opinion.

August 15, 1975

Opinion on Act No. 1136, Acts of 1970.

 

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

 

Read full opinion.

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.

 

Read full opinion.

August 14, 1975

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

 

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

 

Read full opinion.

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Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

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

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