Archive for the ‘1975 Opinions’ Category

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.

 

 

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.

 

Read full opinion.

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.

 

Read full opinion.

July 31, 1975

Opinion on municipalities (local government law).

 

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

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

July 25, 1975

Opinion on statutory bonds (Notice of Lis Pendens).

 

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

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

July 24, 1975

Opinion on admissibility of breathalyzer tests.

 

Requested by Attorney for Colleton County.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

July 15, 1975

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

 

Requested by Mr. J. Archie Lee, Conway.

 

Read full opinion.

July 15, 1975

Opinion on the constitutionality of Ratification No. 436.

 

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

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

July 14, 1975

Opinion on the Pollution Control Act.

 

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

 

Read full opinion.

July 11, 1975

Opinion on document retention of UCC financing statements.

 

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

 

Read full opinion.

July 11, 1975

Opinion on Medical Technologies licensing requirements.

 

Requested by Ms. Sue Butler, Ruston.

Read full opinion.

July 10, 1975

Opinion on rules of the Merit System council.

 

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

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

July 3, 1975

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

 

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

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

July 1, 1975

Opinion on the easement for sewage lines.

 

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

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

 

Read full opinion.

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.

June 12, 1975

Opinion on highway right of way acquisitions.

 

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

 

Read full opinion.

June 12, 1975

Opinion on whether the University of South Carolina through its power of eminent domain is required by the Relocation Assistance Act (Sections 25-181, et seq., Code of Laws of South Carolina (1962), as amended).

 

Requested by Counsel, University of South Carolina.

 

Read full opinion.

June 11, 1975

Opinion on Section 47-271 of the Code of Laws of South Carolina.

 

Requested by Attorneys, Charleston County.

 

Read full opinion.

June 11, 1975

Opinion on whether the Lancaster County Board of Commission has the authority to issue bonds (Act 1043, Acts of the General Assembly of 1972; Section 1, subsection 18).

 

Requested by the Attorney for Lancaster County.

 

Read full opinion.

June 11, 1975

Opinion on a proposed bill by the Union County Board of Township Commissioners to provide for use of county equipment on private properties (Article VIII, Section 7 of the Constitution of South Carolina).

 

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

 

Read full opinion.

June 11, 1975

Opinion on effective date of H. 2650 (General Appropriations Act 1975-76).

 

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

 

Read full opinion.

June 11, 1975

Opinion on the removal of a judgment against a bondsman whose principal did not appear and the bond was estreated.

 

Requested by The Honorable Randolph Murdaugh, Jr., Solicitor, Fourteenth Judicial Circuit.

 

Read full opinion.

June 10, 1975

Opinion on which public body is authorized to conduct a hearing regarding a candidate’s protest of an election (Sections 23-453 et seq. of the South Carolina Code of Laws).

 

Requested by Mr. T.H. Rawls, Jr., Attorney for Lexington County.

 

Read full opinion.

June 10, 1975

Opinion on lease agreements for FHA Housing.

 

Requested by Mr. John E. Way, Housing Program Specialist, South Carolina State Housing Authority.

 

Read full opinion.

June 10, 1975

Opinion on the legal proscription against selling or soliciting on the Highway Department right of way.

 

Requested by Captain M.W. Cantrell, South Carolina State Highway Department.

 

Read full opinion.

June 6, 1975

Opinion on whether a probate judge can charge fees (1972 Amendment to Section 27-310.2 of the Code of Laws of South Carolina).

 

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

 

Read full opinion.

June 6, 1975

Opinion on whether the Oconee County Aeronautics Commission has authority to lease the airport without the concurrence of the county governing body.

 

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

 

Read full opinion.

June 6, 1975

Opinion on whether or not Oconee County can build/support a county animal shelter (county council form of government, 57 STAT. 1047 (1971); 58 STAT. 4 (1973); Section 8(8), 57 STAT. 1047 at 1050).

 

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

 

Read full opinion.

June 6, 1975

Opinion on the authority to elect members of the Agriculture Commission of South Carolina.

 

Requested by The Honorable Nick A. Theodore, Member, South Carolina House of Representatives.

 

Read full opinion.

June 6, 1975

Opinion on the rate at which lump sum terminal leave should be paid to employees retiring at the end of the fiscal year.

 

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

 

Read full opinion.

June 6, 1975

Opinion on Magistrates – change of venue.

 

Requested by Mr. K.B. Kirven, Holly Hill Chief of Police.

 

Read full opinion.

June 6, 1975

Opinion on the possible conflict between Sections 19-161 and 15-1822 of the Code of Laws of South Carolina (1962).

 

Requested by The Honorable Ferdinan B. Stevenson, Member, South Carolina House of Representatives.

 

Read full opinion.

June 5, 1975

Opinion on whether a county building inspector can require a building permit of the Public Service Authority’s electrical substations.

 

Requested by Wallace S. Murphy, General Counsel, South Carolina Public Service Authority.

 

Read full opinion.

June 5, 1975

Opinion on Section 37-62 of the Code of Laws of South Carolina, 1962 (spouse’s ownership of stock in an insurance company).

 

Requested by The Honorable Howard B. Clark, Chief Insurance Commissioner.

 

Read full opinion.

June 5, 1975

Opinion on annexation of a right of way (Section 47.18.2, 1962 South Carolina Code of Laws).

 

Requested by Leo H. Hill, Esquire, Hill, James, Wyatt & Fayssoux, Greenville.

 

Read full opinion.

June 5, 1975

Opinion on term limits of board members (Act Number 386, Section 55-50 of the South Carolina Code of Laws).

 

Requested by Mr. J.P. Neal, Jr., Deputy Director for Administrative Services, South Carolina Department of Youth Services.

 

Read full opinion.

June 5, 1975

Opinion on the validity of Sections 12 and 14 of Part II of the General Appropriations Act for the year 1975-76.

 

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

 

Read full opinion.

June 5, 1975

Opinion on the local government amendment before the Legislature.

 

Requested by Mr. G. P. Callison, Esquire, Greenwood.

 

Read full opinion.

June 5, 1975

Opinion on the validity of Section 11 of the General Appropriations Act for the year 1975-76.

 

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

 

Read full opinion.

June 4, 1975

Opinion on the validity of Section 12 of the General Appropriations Act for the year 1974-75.

 

Requested by The Honorable Fred T. Moore, Member, South Carolina House of Representatives.

 

Read full opinion.

June 4, 1975

Opinion on whether or not Sections 59-626, et seq., Code of Laws of South Carolina, 1962, as amended, have been impliedly repealed by new Article VIII of the South Carolina Constitution.

 

Requested by Ray Williams, Esquire, Beaufort.

 

Read full opinion.

June 4, 1975

Opinion on military tribunals.

 

Requested by Brigadier General James W. Henderson, The Deputy Adjutant General of South Carolina.

 

Read full opinion.

June 4, 1975

Opinion on which crimes disqualify a person from registering to vote (Section 23-62.5(b), South Carolina Code of Laws, 1962, as amended).

 

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

 

Read full opinion.

June 4, 1975

Opinion on forms for judicial and emergency admissions (Section 32-924(1), Code of Laws of South Carolina, 1962).

 

Requested by The Honorable Klyde Robinson, Associate Judge of Probate, Charleston.

 

Read full opinion.

June 4, 1975

Opinion on the proposed 1975-76 Pickens County Budget Ordinance.

 

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

 

Read full opinion.

June 4, 1975

Opinion on dual office holding (state employee to run for county council of West Columbia).

 

Requested by Mr. Frank B. Register, Jr., Lexington.

 

Read full opinion.

June 2, 1975

Opinion on the implementation of 1975 Act R-197.

 

Requested by Mr. Thomas O. Lawton, Jr., Allendale.

 

Read full opinion.

June 2, 1975

Opinion on the effect of recent legislation found in Section 14 of Part II, the provisions of the 1974-75 General Appropriations Act (Sections 55-3.1 and 55-335.1 of the Code of Laws of South Carolina).

 

Requested by The Honorable Eugene N. Zeigler, Member, Board of Corrections, South Carolina Department of Corrections.

 

Read full opinion.

May 30, 1975

Opinion on the sale of beer and wine (Title 4, 1962 Code of Laws, as amended).

 

Requested by Mr. Kent S. Hathaway, Legal Department, Eckerd Drugs, Inc.

 

Read full opinion.

May 30, 1975

Opinion on the hours of sale for beer and wine (Section 4-204, 1962 South Carolina Code of Laws, as amended).

 

Requested by Mr. W.W. Watkins, Jr., Kwik-Pik Markets, Inc.

 

Read full opinion.

May 30, 1975

Opinion on the filling of judicial vacancies (Sections 15-1801, -1811, and 1-121, South Carolina Code of Laws, 1962.)

 

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

 

Read full opinion.

May 30, 1975

Opinion on appointments to the Board of the Department of Youth Services.

 

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

 

Read full opinion.

May 29, 1975

Opinion on the Homestead Exemption Act relating to disabled veterans.

 

Requested by Mr. D. Glenn Yarborough, Attorney for Lancaster County.

 

Read full opinion.

May 29, 1975

Opinion on pensions for members of National Guard (Section 44-230, South Carolina Code of Laws, 1962, as amended).

 

Requested by The Honorable H. Mauldin Pearson, Magistrate.

 

Read full opinion.

May 29, 1975

Opinion on whether city auxiliary police officers have the same power as regular municipal police officers (Section 53-3; Section 47-232, 1962 South Carolina Code of Laws, as amended).

 

Requested by The Honorable Gregg Masceri, Chief of Police, City of Liberty.

 

Read full opinion.

May 29, 1975

Opinion on the provisional driver’s license law.

 

Requested by Mr. John A. Gaines, Attorney at Law, Florence.

 

Read full opinion.

May 29, 1975

Opinion on whether it is constitutional to make a prisoner pay jail fees resulting from his incarceration (Section 15-910, 1962 South Carolina Code of Laws).

 

Requested by Mr. Ralph Hutchins, Administrator, Lexington County Jail.

 

Read full opinion.

May 29, 1975

Opinion on patient rights within alcohol and drug addiction centers.

 

Requested by Dr. Thomas G. Faison, Deputy Commissioner, Div. of Alcohol & Drug Addiction Services, S.C. Department of Mental Health.

 

Read full opinion.

May 28, 1975

Opinion on absences of teachers for annual National Guard training.

 

Requested by Dr. W.B. Royster, Superintendent, Anderson Public Schools.

 

Read full opinion.

May 28, 1975

Opinion on whether the judges of the State participating in the Judges’ Retirement System (South Carolina Code § 61-251, et seq.).

 

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

 

Read full opinion.

May 28, 1975

Opinion on dual office holding (member of County Board of Education and member on Bd. of Trustees of a County Hospital).

 

Requested by The Honorable Joe S. Holland, Member, South Carolina House of Representatives.

 

Read full opinion.

May 28, 1975

Opinion on dual office holding (municipal police officers also holding licenses as private security guards).

 

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

 

Read full opinion.

May 27, 1975

Opinion on legality of building an animal shelter with county funds.

 

Requested by The Honorable Fred T. Moore, Member, South Carolina House of Representatives.

 

Read full opinion.

May 27, 1975

Opinion on dual office holding (Chairman, County Council and Governor’s Constable without pay).

 

Requested by The Honorable J.P. Strom, Chief, State Law Enforcement Division.

 

Read full opinion.

May 27, 1975

Opinion on pay for school teachers during National Guard Training.

 

Requested by Henry Busbee, Esquire, Aiken.

 

Read full opinion.

May 27, 1975

Opinion on whether the City of Goose Creek is responsible for determining that all required state and county licenses have been obtained prior to issuance of a city business license.

 

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

 

Read full opinion.

May 27, 1975

Opinion on execution of judgment.

 

Requested by The Honorable L. E. Kornahrens, Jr., Sheriff, Charleston County.

 

Read full opinion.

May 27, 1975

Opinion on the legal responsibility of a victim of theft to report the same value of the stolen goods to his insurer as he has reported to the police.

 

Requested by Lieutenant G.W. Hamby, State Law Enforcement Division.

 

Read full opinion.

May 27, 1975

Opinion on the legality of two proposed appointments to the Marlboro County Board of Social Services.

 

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

 

Read full opinion.

May 27, 1975

Opinion on the constitutionality of a bill on civil jurisdiction of Florence County magistrates where the amount in controversy does not exceed five hundred dollars (Article V, Section 23 of the South Carolina Constitution).

 

Requested by The Honorable S. Norwood Gasque, Member, South Carolina House of Representatives.

Read full opinion.

May 27, 1975

Opinion on what affect the failure to enact a Supply Act for the ensuing fiscal year.

 

Requested by The Honorable Horace K. Vanderford, Member, South Carolina House of Representatives.

 

Read full opinion.

May 26, 1975

Opinion on whether documentary stamp taxes are required upon assignment of a tenant’s interest in property (Section 65-588, South Carolina Code of Laws).

 

Requested by Clerk of Court, York.

 

Read full opinion.

May 26, 1975

Opinion on the legality of the product described as ‘KRISTEE’ Defender of Women (Section 16-147, 1962 South Carolina Code of Laws.

 

Requested by The Honorable W.E. Rabon, Captain, Columbia Police Department.

 

Read full opinion.

May 26, 1975

Opinion on Act No. 1181, 1974 Acts and Joint Resolutions.

 

Requested by Mr. C.B. Harmon, Superintendent of Education, Lexington County.

 

Read full opinion.

May 26, 1975

Opinion on age for which parental consent is required for marriage in South Carolina (Section 20-24 et seq., 1962 South Carolina Code of Laws).

 

Requested by Mr. Forrest M. Hoilman QMC, Navy Recruiting Station, Elberton, Georgia.

 

Read full opinion.

May 26, 1975

Opinion on dual office holding (county attorney and public defender).

 

Requested by The Honorable J.D. Jones, Central District Commissioner, Chesterfield.

 

Read full opinion.

May 26, 1975

Opinion on release of patients’ confidential records to medical personnel outside the Department of Mental Health (Section 32-1022, Code of Laws of South Carolina, 1962).

 

Requested by Mr. Farroll E. Gunter, Registrar, S.C. State Hospital.

 

Read full opinion.

May 23, 1975

Opinion on emergency commitment of the physically disabled (Section 15-453, Code of Laws of South Carolina, 1962).

 

Requested by Honorable Carl R. Reasonover, Associate Probate Judge, Kershaw County.

 

Read full opinion.

May 23, 1975

Opinion on the legality of carrying or having about the person a weapon commonly known as a ‘nunchaku’.

 

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

 

Read full opinion.

May 23, 1975

Opinion on the lawful operation of a flea market for antique dealers on Sundays.

 

Requested by No Address.

 

Read full opinion.

May 23, 1975

Opinion on South Carolina child support laws (Section 20-302.5 of the 1962 South Carolina Code of Laws).

 

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

 

Read full opinion.

May 23, 1975

Opinion on disclosure by telephone of a patient’s being a patient currently or an ex-patient (Section 32-1022, South Carolina Code of Laws).

 

Requested by Dr. William S. Hall, State Commissioner of Mental Health.

 

Read full opinion.

May 20, 1975

Opinion on whether dentists licensed in other states (but not licensed in South Carolina) may administer and teach in programs of dental assisting, dental technology and dental hygiene (Section 56-636.11, S.C. Code of Laws, as amended).

 

Requested by Dr. H.W. Higgins, Spartanburg.

 

Read full opinion.

May 20, 1975

Opinion on employee parking at a county building (Constitution, U.S. Amend. 14; South Carolina Constitution, art. I, Section 5).

 

Requested by The Honorable Anna F. Sharpe, Tax Collector, Florence County.

 

Read full opinion.

May 20, 1975

Opinion on Section 87 of the Appropriations Bill.

 

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

 

Read full opinion.

May 20, 1975

Opinion on BW Regulation No. 23.

 

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

 

Read full opinion.

May 19, 1975

Opinion on whether the Greenville County Council can authorize expenditure of general county tax funds for use by the Joint Transit Authority.

 

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

 

Read full opinion.

May 19, 1975

Opinion on nomination of candidates for offices voted on by general or special elections (Section 23-251, South Carolina Code of Laws, 1962, as amended).

 

Requested by Mr. William J. Volonte, Charlottesville, Virginia.

 

Read full opinion.

May 19, 1975

Opinion on whether the Town of Pageland or its Department of Police is liable for damages to an automobile towed by a local wrecker after the driver of the automobile was arrested for DUI.

 

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

 

Read full opinion.

May 19, 1975

Opinion on the validity of some form of “contract zoning” (Section 14-350.31, South Carolina code of Laws).

 

Requested by The Honorable William Y. Edens, Mayor, City of Forest Acres.

 

Read full opinion.

May 16, 1975

Opinion on the constitutionality of H Bill 2911.

 

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

 

Read full opinion.

May 15, 1975

Opinion on elections (Sections 47-57.14 and 47-215, South Carolina Code of Laws, 1962, as amended).

 

Requested by Stephen E. Darling, Esquire, Sinkler Gibbs Simons & Guerard, Charleston.

 

Read full opinion.

May 15, 1975

Opinion on procedure for bids on government contracts (Part II, Section 1 of Act No. 606 of 1969 [56 STAT. 1075 (1969); Section 1-24, South Carolina Code of Laws, 1962, as amended).

 

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

 

Read full opinion.

May 15, 1975

Opinion on dual office holding (member of Cooper River Park & Playground Commission and of Parks and Recreation Board of the City of North Charleston).

 

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

 

Read full opinion.

May 15, 1975

Opinion on whether the Civil Air Patrol is required to register under the South Carolina Solicitation of Charitable Funds Act Section 67-91, et seq., Code of Laws of South Carolina, 1962, as amended).

 

Requested by Mr. Ronald H. DeBarry, Administrator, Public Charities.

 

Read full opinion.

May 14, 1975

Opinion on criminal offense records (Section 17-4, 1962 Code of Laws of South Carolina, as amended).

 

Requested by Mr. Charles L. Henshaw, Jr., Herald Reporter, Augusta, Georgia.

 

Read full opinion.

May 14, 1975

Opinion on whether or not a police reserve unit is required to obtain police academy training.

 

Requested by Mr. Dale T. Cobb, Jr., Assistant City Attorney for City of Greenville.

 

Read full opinion.

May 14, 1975

Opinion on legal age for people to become police officers.

 

Requested by Sgt. Edwin Hamilton, Greer Department of Police.

 

Read full opinion.

May 14, 1975

Opinion on the validity of the Ethics Bill.

 

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

 

Read full opinion.

May 14, 1975

Opinion on procedure for all teachers to be certified at the Opportunity School (Section 21-50, Code of Laws of South Carolina, 1962).

 

Requested by Dr. J.T. Willis, Director, South Carolina Opportunity School.

 

Read full opinion.

May 13, 1975

Opinion on dual office holding (member of the Taylors Fire and Sewer District Commission and serve as state constable).

 

Requested by The Honorable Lloyd Hunt, Member, South Carolina House of Representatives.

 

Read full opinion.

May 13, 1975

Opinion on a loan agreement between the United States of America and the State Board for Technical and Comprehensive Education.

 

Requested by Mr. Enoch Smith, Jr., Industrial Division, State Advisory Committee for Technical Education.

 

Read full opinion.

May 13, 1975

Opinion on whether there is any legislation which would prohibit the use of the weapon “nunchaku” (Section 16-145, 1962 Code of Laws of South Carolina, as amended).

 

Requested by Officer James M. Phillips, Williamstown, N.J.

 

Read full opinion.

May 13, 1975

Opinion on interscholastic athletics (68 Am. Jur. 2d, Schools, Sections 243 and 244).

 

Requested by Mr. Lawrence B. Graves, Executive Secretary, S.C. High School League, University of South Carolina.

 

Read full opinion.

May 13, 1975

Opinion on the Freedom of Information Act.

 

Requested by The Honorable Henry S. Laffitte, Chairman, Allendale County Board of Directors.

 

Read full opinion.

May 13, 1975

Opinion on who has authority to petition a court for a finding of unfitness of a defendant to stand trial because of mental illness (Section 32-979(2) and (3), Code Of Laws Of South Carolina, 1962, as amended).

 

Requested by The Honorable William R. Hare, Solicitor, Sixth Judicial Circuit.

 

Read full opinion.

May 12, 1975

Opinion on whether or not the obligation to pay interest on a note is within the measure of documentary stamp taxes (Sections 65-681 and -688, Code of Laws of South Carolina).

 

Requested by The Director, License Tax Division.

 

Read full opinion.

May 12, 1975

Opinion on discharge and dismissal under Section 32-1510.57.

 

Requested by Gene J. Sausser, Ph.D., Director, Division of Training, South Carolina Commission on Alcohol and Drug Abuse.

 

Read full opinion.

May 12, 1975

Opinion on the constitutionality of a bill to provide limitations on the liability of medical review organizations and preserve the confidentiality of the records of such organizations.

 

Requested by The Honorable Norma C. Russell, Member, South Carolina House of Representatives.

 

Read full opinion.

May 12, 1975

Opinion on dual office holding (member of a school district board of trustees and a demographer in the Office of Budget and Control Board).

 

Requested by Mr. Bobby M. Bowers, Demographer, Division of Research and Statistical Services.

 

Read full opinion.

May 12, 1975

Opinion on whether or not the obligation to pay interest on a note is within the measure of documentary stamp taxes.

 

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

 

Read full opinion.

May 9, 1975

Opinion on taxes by Edisto Beach (Section 65-2002, South Carolina Code of Laws, 1962).

 

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

 

Read full opinion.

May 9, 1975

Opinion on whether or not the mayor has the authority to preside over the municipal recorder’s court.

 

Requested by The Honorable R.A. Green, Chief of Police, St. George Police Department.

 

Read full opinion.

May 9, 1975

Opinion on automobile insurance coverage for Hearings Officers.

 

Requested by Mr. James K. Hope, Jr., Director, Department of Juvenile Placement and Aftercare.

 

Read full opinion.

May 9, 1975

Opinion on whether or not the Town of Hardeeville can have a deputy registrar in order to register people.

 

Requested by Mr. Wayne C. Dell, Administrative Assistant to the Mayor, Town of Hardeeville.

 

Read full opinion.

May 8, 1975

Opinion on the sale and transfer of alcoholic liquors on election day (Sections 4-102 and 23-658, South Carolina code of Laws, 1962).

 

Requested by Mr. Dale T. Cobb, Jr., Assistant City Attorney, City of Greenville.

 

Read full opinion.

May 8, 1975

Opinion on whether or not a city alderman can continue to represent a ward he no longer resides in (Section 47-371 et seq., South Carolina Code of Laws, 1962).

 

Requested by Mr. A. Ray Godshell, Attorney for City of Gaffney.

 

Read full opinion.

May 8, 1975

Opinion on the constitutionality of a bill proposing to amend Act No. 456 of 1969 and Act No. 1197 of 1974.

 

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

 

Read full opinion.

May 7, 1975

Opinion on whether or not it is unlawful for a person to possess prescription drugs belonging to another person (Section 32:1510.49(c), South Carolina Code of Laws).

 

Requested by The Honorable John H. Waller, Jr., Member, South Carolina House of Representatives.

 

Read full opinion.

May 7, 1975

Opinion on the operation of a billiard room and bar under the same roof.

 

Requested by Mr. Lailon L. Cannon, Assistant Chief of Police, Town of Central.

 

Read full opinion.

May 6, 1975

Opinion on whether or not the Town of Bishopville may legally appropriate funds to the Bishopville Chamber of Commerce so they may hire a full time secretary.

 

Requested by Mr. Jacob H. Jennings, Attorney for Town of Bishopville.

 

Read full opinion.

May 6, 1975

Opinion on the limitations on realtors in their preparation of contracts and leases.

 

Requested by Mr. G. Werber Bryan, Bryan, Bahnmuller, King & Goldman.

 

Read full opinion.

May 6, 1975

Opinion on the Uniform Disposition of Unclaimed Property Act (Title 57, Chapter 5.1, 1962 Code of Laws, as amended).

 

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

 

Read full opinion.

May 5, 1975

Opinion on financial aid to individuals by cities receiving funds under the Housing and Community Development Act of 1974.

 

Requested by Mrs. James W. Fant, Assistant Director for Historical Programs, South Carolina Department of Archives and History.

 

Read full opinion.

May 5, 1975

Opinion on the South Carolina Mining Act.

 

Requested by Mr. Murray Wood, Director, Department of Mining and Reclamation, Land Resources Conservation Commission.

 

Read full opinion.

May 2, 1975

Opinion on the restoration of rights under order of pardon.

 

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

 

Read full opinion.

May 2, 1975

Opinion on leaves of absence for public employees in military forces.

 

Requested by Mr. David K. Martin, Principal, Gilbert Public Schools.

 

Read full opinion.

May 2, 1975

Opinion on whether the S.C. Alcoholic Beverage Control Commission can issue a sale and consumption license to a business establishment which operate as bowling lanes.

 

Requested by The Honorable H. Parker Evatt, Member, South Carolina House of Representatives.

 

Read full opinion.

May 2, 1975

Opinion on enforcement by management of regulations contained in the “Current Good Manufacturing Practices” (Section 32-1526.17, South Carolina Code of Laws, 1962).

 

Requested by Mr. James K. McMillan, Food and Cosmetic Section, Department of Agriculture.

 

Read full opinion.

May 2, 1975

Opinion on whether or not a sole practitioner licensed to practice medicine in South Carolina but resides in North Carolina can form a professional association under the Professional Association’s Act (Section 56-1601, et seq., South Carolina Code of Laws).

 

Requested by William E. Lamb, Jr., Esq., Lamb & Trammell, Shelby, North Carolina.

 

Read full opinion.

May 1, 1975

Opinion on whether a member of the Board of Trustees of a state university must be a resident of the judicial circuit which he represents upon the Board.

 

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

 

Read full opinion.

May 1, 1975

Opinion on H-2309 (Provisions of Act 1195 of 1968, The Family Court Act)

 

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

 

Read full opinion.

May 1, 1975

Opinion on whether it is unlawful for a person to wear an unconcealed motorcycle chain as a belt (Section 16-145, Code of Laws of South Carolina).

 

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

 

Read full opinion.

May 1, 1975

Opinion on whether or not a public school may lawfully withhold a student’s records until he has paid money owed to the school.

 

Requested by Mr. W.M. Haddon, Principal, Pinecrest Elementary School.

 

Read full opinion.

April 30, 1975

Opinion on whether a registered nurse can establish a private practice involving medical diagnosis or prescription of corrective measures.

 

Requested by The Executive Director, State Board of Nursing.

 

Read full opinion.

April 30, 1975

Opinion on grievances filed by faculty members of a college (State Employee’s Grievance Act of 1974).

 

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

 

Read full opinion.

April 30, 1975

Opinion on whether doctors, hospital personnel, etc., are required to report drug overdose or attempted suicide by overdoes to law enforcement officials.

 

Requested by A.S. Bahnmuller, Assistant County Attorney, Sumter.

 

Read full opinion.

April 29, 1975

Opinion on students under instructor supervision, performing chiropractic procedures on patients (Section 56-353, 1962 Code of Laws of South Carolina).

 

Requested by R.B. Kearns, D.C., President, South Carolina Board of Chiropractic Examiners.

 

Read full opinion.

April 29, 1975

Opinion on whether or not a person is required to have a license for salvaging in Lake Murray (Section 54-321, South Carolina Code of Laws 1962, as amended).

 

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

 

Read full opinion.

April 29, 1975

Opinion on the effect of Act No. 1235 of the 1974 Acts and Joint Resolutions (Section 47-57 et seq., South Carolina Code of Laws).

 

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

 

Read full opinion.

April 28, 1975

Opinion on the procedure to collect on bad checks received from employers as payment of penalties under the Occupational Safety and Health Rules and Regulations.

 

Requested by The Honorable Edgar L. McGowan, Commissioner, Department of Labor.

 

Read full opinion.

April 28, 1975

Opinion on the means of obtaining municipal incorporation.

 

Requested by Mr. Paul Mode and Mr. Terry C. Martin, Joanna, SC.

 

Read full opinion.

April 28, 1975

Opinion on the appointments to various bodies in Lexington County.

 

Requested by The Honorable Jarvis R. Klapman, Member, South Carolina House of Representatives.

 

Read full opinion.

April 28, 1975

Opinion on the validity of H 2745.

 

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

 

Read full opinion.

April 28, 1975

Opinion on whether legislation may be enacted to have the office of County Supervisor of Jasper County abolished.

 

Requested by The Honorable Albert L. Kleckley, Member, South Carolina House of Representatives.

 

Read full opinion.

April 25, 1975

Opinion on the status of a corporation’s Legal Defense Fund.

 

Requested by Mr. Thomas C. Bradley, Jr., Spartanburg.

 

Read full opinion.

April 25, 1975

Opinion on dual office holding (private security guard and Governor’s Constable).

 

Requested by The Honorable J.P. Strom, Chief, State Law Enforcement Division.

 

Read full opinion.

April 24, 1975

Opinion on property sold for delinquent taxes (Sections 65-2701 and -2702, South Carolina Code of Laws).

 

Requested by Mrs. Gayle P. Werts, Saluda County Treasurer.

 

Read full opinion.

April 23, 1975

Opinion on H 2535.

 

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

 

Read full opinion.

April 23, 1975

Opinion on procedure of a complaint by a private citizen with respect to a charge made against a Member of the House of Representatives (Section 4.16 of the Rules of the House).

 

Requested by The Honorable T.W. Edwards, Jr., Member, South Carolina House of Representatives.

 

Read full opinion.

April 23, 1975

Opinion on dual office holding (city councilman and serve as member of a county fire commission).

 

Requested by The Honorable M.E. McDonald, Member, South Carolina Senate.

 

Read full opinion.

April 23, 1975

Opinion on the method of appointment of members of the Laurens County Board of Education and the Laurens County Library Board of Trustees for the Laurens County Library.

 

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

 

Read full opinion.

April 22, 1975

Opinion on the Student Discipline Act and Long –Term Suspension.

 

Requested by Mr. M. Hayes Mizell, Representative, Richland County School District #1 Board of Commissioners.

 

Read full opinion.

April 22, 1975

Opinion on dual office holding (member of SC Senate and attorney for the North Charleston Sewer District).

 

Requested by The Honorable Cecil D. Clay, Chairman, North Charleston Sewer District.

 

Read full opinion.

April 22, 1975

Opinion on the legality of the constitution/composition of the Human Relations Development Commission for Dillon and Marion Counties (Act No. 1397, Acts and Joint Resolutions of the General Assembly of South Carolina, 1974).

 

Requested by The Honorable J. Lee Spratt, Member, South Carolina Senate.

 

Read full opinion.

April 22, 1975

Opinion on out of state loan examination by the Consumer Finance Examiners.

 

Requested by Mr. Robert E. Pittman, Assistance Vice President and General Manager Consumer Finance Allstate Enterprises.

 

Read full opinion.

April 22, 1975

Opinion on whether the S.C. Commissioner of Labor has authority to require employers to allow Federal officials to inspect/copy their records (Act 29, U.S.C.S. Sections 651-678).

 

Requested by Commissioner Edgar L. McGowan, S.C. Department of Labor.

 

Read full opinion.

April 21, 1975

Opinion on whether Kershaw County can levy and sell mobile homes for unpaid property taxes (Article 5.1 of Chapter 22 of Title 65).

 

Requested by Attorney at Law, Camden.

 

Read full opinion.

April 21, 1975

Opinion on applications for admission, transfer, school funds, state and federal.

 

Requested by Mr. Isaac Anderson, Jr., Legal Researcher, South Carolina Department of Education.

 

Read full opinion.

April 21, 1975

Opinion on a proposed contract between S.C. Commission on Higher Education and LBC&W.

 

Requested by Mr. James R. Michael, Assistant Director, S.C. Commission on Higher Education.

 

Read full opinion.

April 21, 1975

Opinion on notary publics.

 

Requested by Mr. Robert E. Guess, Esquire, Attorney at Law, Charleston.

 

Read full opinion.

April 21, 1975

Opinion on initial enforcement of county zoning ordinances (Sections 14-350.16 et seq, Code of Laws of South Carolina, as amended).

 

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

 

Read full opinion.

April 21, 1975

Opinion on birth certificates (Section 20-24.1, Code of Laws of South Carolina, 1962).

 

Requested by The Honorable G. Olin Richbourg, Judge of Probate, Sumter County.

 

Read full opinion.

April 21, 1975

Opinion on whether lienholders or mortgagees should be notified when personal property is sold for nonpayment of taxes.

 

Requested by Mr. Byars, Camden.

 

Read full opinion.

April 18, 1975

Opinion on who has authority to conduct the recorder’s court in the temporary absence of the recorder (Section 15-1005, 1962 Code of Laws).

 

Requested by Mr. Frank D. Lipsey, Recorder, Jonesville.

 

Read full opinion.

April 18, 1975

Opinion on whether or not the State Election Commission is required by law to furnish computer tapes of registered electors in South Carolina (Freedom of Information Act).

 

Requested by Mr. Jesse L. Cooksey, State Chairman, South Carolina Republican Party.

 

Read full opinion.

April 18, 1975

Opinion on payroll deductions for State Health Insurance.

 

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

 

Read full opinion.

April 17, 1975

Opinion on whether the Board of DHEC can contribute funds for construction of new regional hospitals and other expenditures associated with them.

 

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

 

Read full opinion.

April 17, 1975

Opinion on municipalities, FICA tax payments.

 

Requested by The Honorable Woody Brooks, Division of Administration, Office of Local Government.

 

Read full opinion.

April 17, 1975

Opinion on whether an attorney can sign a bond for his client to appear for trial (Rule 9 of the Rules of Practice for the Circuit Court of South Carolina 1972).

 

Requested by Mr. H.W. Hennig, Recorder, Darlington Police Department.

 

Read full opinion.

April 16, 1975

Opinion on whether the Western Carolina regional Sewer Authority falls within the definition as a special purpose district.

 

Requested by Mr. John D. Spence, Greenville.

 

Read full opinion.

April 16, 1975

Opinion on change of price tags on items in a department store to obtain the item at a lower price constitutes a violation of law.

 

Requested by The Honorable J.M. Hunsucker, Jr., Chief of Police, City of Rock Hill.

 

Read full opinion.

April 16, 1975

Opinion on the constitutionality and effect of 1974 Act No. 1277.

 

Requested by Mr. Charles L. Cummins, Jr., District Superintendent, Laurens School District 56.

 

Read full opinion.

April 16, 1975

Opinion on a proposed amendment of placing persons sixty-five years and younger for service as jurors.

 

Requested by The Honorable J.B. Harvey, Member, South Carolina House of Representatives.

 

Read full opinion.

April 15, 1975

Opinion on the legality of the closing of the Aiken County Hospital by the Aiken County Board of Commissioners (Act No. 980, 1934 South Carolina General Assembly, 38 STAT. 1718).

 

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

 

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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