Archive for the ‘1976 Opinions’ Category

July 30, 1976

Opinion on whether or not an enclosure used to cure tobacco is a fixture and taxed as real property.

Requested by Dillon County Tax Assessor.

Read full opinion.

July 30, 1976

Opinion on whether or not the provisions of Section 14–3709 of Act No. 283 of 1975, the “home rule” legislation, apply to all ordinances.

Requested by Mr. Russell B. Shetterly, Executive Director, S.C. Association of Counties.

Read full opinion.

July 30, 1976

Opinion on Section 14–3710 of Act No. 283 of 1975, the ‘home rule’ legislation.

Requested by Mr. Russell B. Shetterly, Executive Director, S.C. Association of Counties.

Read full opinion.

July 30, 1976

Opinion on whether or not an enclosure used to cure tobacco is a fixture and taxed as real property.

Requested by Dillon County Tax Assessor.

Read full opinion.

July 30, 1976

Opinion on the validity of the Old Fort Fire District created by Act No. 639 of 1973 [58 STAT. 1231 (1973)], as amended.

Requested by James A. Bell, Esquire, County Attorney.

Read full opinion.

July 30, 1976

Opinion on Act No. 283 of 1975, the “home rule” legislation (Section 10-3701(a)).

Requested by Ms. Esther Jackson, President, League of Women Voters.

Read full opinion.

July 30, 1976

Opinion on the provisions of Section 10-3701(a) of Act No. 283 of 1975 (home rule legislation).

Requested by Ms. Esther Jackson, President, League of Women Voters.

Read full opinion.

July 29, 1976

Opinion on whether the reference to the Freedom of Information Act in Section 2–14 of the North Charleston ordinances requires that the Act be used as the guideline for the determination of when the conference sessions provided for in Section 2–14 must be public.

Requested by James E. Gonzales, Esquire, Attorney at Law.

Read full opinion.

July 29, 1976

Opinion on what personal liabilities of a medical doctor or dentist serving in the South Carolina National Guard for malpractice committed in the line of duty.

Requested by Brigadier General James W. Henderson, Deputy Adjutant General.

Read full opinion.

July 29, 1976

Opinion on revised Regulation No. 22 of the State board of Pharmaceutical Examiners relating to Section 56-1354, Code of Laws of South Carolina, 1962.

Requested by the Executive Director and Chief Drug Inspector, South Carolina Board of Pharmacy.

Read full opinion.

July 28, 1976

Opinion on number of council members required for Williamsburg County’s new form of government, the council-supervisor form provided for by Article 3 of Act No. 283 of 1975, the ‘home rule’ legislation.

Requested by W.E. Jenkinson, III, Esquire, Williamsburg County Attorney.

Read full opinion.

July 28, 1976

Opinion on whether the proceeds of the sale of personal property owned by the University of South Carolina should be retained by the Budget and Control Board or remitted to the University.

Requested by Office of the President, University of South Carolina.

Read full opinion.

July 28, 1976

Opinion on whether or not Emprise Corporation, Sports Services, Inc. was issued a certificate of incorporation by the South Carolina Secretary of State.

Requested by Mr. William F. Haddad, Office of Legislative Oversight and Analysis.

Read full opinion.

July 28, 1976

Opinion on Section 21-45 (due process rights of annual teaching certificate for teachers).

Requested by Mr. Preston L. Musgrove, Supervisor, Office of Teacher Education and Certification, State Department of Education.

Read full opinion.

July 27, 1976

Opinion on whether or not members of the Board of Trustees of The Medical University of South Carolina can vote by proxy for the election of the Chairman of the Board.

Requested by Dr. Neill W. Macaulay, Member, Board of Trustees of The Medical University of South Carolina.

Read full opinion.

July 26, 1976

Opinion on whether Ratified Bills R868 and R864 are violative of Article VIII, Section 7.

Requested by Harold E. Trask, Jr., Executive Assistant to the Governor, State of South Carolina.

Read full opinion.

July 26, 1976

Opinion on home rule matters for Greenville County.

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

Read full opinion.

July 26, 1976

Opinion on whether or not the Greenville County Recreation Commission can construct a recreational park.

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

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July 26, 1976

Opinion on term limits for the Sullivan’s Island governing body of municipality.

Requested by Mark C. Tanenbaum, Esquire, Charleston.

Read full opinion.

July 26, 1976

Opinion on whether the mere recitation of the book and page number of a deed in the derivation clause sufficiently meet the requirements of Act No. 463 of 1976.

Requested by The Honorable Richard W. Riley, Member, South Carolina Senate.

Read full opinion.

July 26, 1976

Opinion on What personal liabilities of a medical doctor or dentist serving in the South Carolina National Guard for malpractice committed in the line of duty.

Requested by Brigadier General James W. Henderson, Deputy Adjutant General.

Read full opinion.

July 26, 1976

Opinion on whether or not the Greenville County Recreation Commission can construct a recreational park in the County by making use of a surplus in its operating funds.

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

Read full opinion.

July 26, 1976

Opinion on ratified bills R 868 and R 864 (Article VIII, Section 7).

Requested by Harold E. Trask, Jr., Executive Assistant to the Governor.

Read full opinion.

July 26, 1976

Opinion on “home ruler” matters (Sections 14-3701(a) (e), 14-3740, Section 3 of Act No. 283 of 1975).

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

Read full opinion.

July 26, 1976

Opinion on service terms for the governing body of the municipality of Sullivan’s Island.

Requested by Mark C. Tanenbaum, Esquire, Charleston.

Read full opinion.

July 26, 1976

Opinion on form of government for Chesterfield and Marlboro Counties.

Requested by Harold E. Trask, Jr., Esquire, Executive Assistant to the Governor.

Read full opinion.

July 26, 1976

Opinion on personal liabilities of a medical doctor or dentist serving in the South Carolina National Guard for malpractice committed in the line of duty.

Requested by Brigadier General James W. Henderson, Deputy Adjutant General.

Read full opinion.

July 26, 1976

Opinion on the derivation clause relating to deeds and mortgages (Act No. 463 of 1976).

Requested by The Honorable Richard W. Riley, Member, South Carolina Senate.

Read full opinion.

July 21, 1976

Opinion on whether or not a deed to a private individual who purchases at a foreclosure sale is subject to documentary stamp taxes when the mortgagee is the Federal government.

Requested by Horry County Attorney.

Read full opinion.

July 21, 1976

Opinion on whether or not the General Assembly has the authority to enact a ‘supply bill’ for Clarendon County after July 1, 1976.

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

Read full opinion.

July 21, 1976

Opinion on fuel tax for a motor vehicle which has a refrigeration unit.

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

Read full opinion.

July 21, 1976

Opinion on whether a deed to a private individual who purchases at a foreclosure sale is subject to documentary stamp taxes when the mortgagee is the Federal government.

Requested by John P. Henry, Esquire, Horry County Attorney.

Read full opinion.

July 20, 1976

Opinion on whether the General Assembly can validly amend Section 21–1038.6, Code of Laws of South Carolina, 1962, as amended, relating to the Aiken County Board of Education.

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

Read full opinion.

July 20, 1976

Opinion on whether or not the Pee Dee Regional Health Systems Agency, Inc. is eligible for insurance coverage by the State Workmen’s Compensation Fund and the State Division of General Services.

Requested by Mr. W.L. Moore, Jr., Executive Director, Pee Dee Regional Health Systems Agency, Inc.

Read full opinion.

July 20, 1976

Opinion on dual office holding (serve on school board and serve as a member of the board of county commissioners).

Requested by Mr. Samuel L. Copeland, District Superintendent, Marion County School District Number Four.

Read full opinion.

July 20, 1976

Opinion on the method by which the unexpired term of office of the Beaufort County Auditor is to be filled.

Requested by The Honorable W. Henry Jackson, Beaufort County Auditor.

Read full opinion.

July 19, 1976

Opinion on a person’s liability for taxes on a time sharing property (Section 65-1611, South Carolina Code of Laws of 1962).

Requested by The Honorable Jack Q. Gerrald, Horry County Auditor.

Read full opinion.

July 19, 1976

Opinion on tax (time shares).

Requested by The Horry County Auditor.

Read full opinion.

July 19, 1976

Opinion on tax (time shares).

Requested by Jack Q. Gerrald, Horry County Auditor.

Read full opinion.

July 15, 1976

Opinion on adoptions (Children’s Bureau).

Requested by the Honorable Joyce C. Hearn, Member, South Carolina House of Representatives.

Read full opinion.

July 15, 1976

Opinion on the Marion County Hospital Commission.

Requested by Mr. Edwin P. Rogers, Sr., Executive Director, Pee Dee Regional Planning and Development Council.

Read full opinion.

July 15, 1976

Opinion on the Judicial Reform Act.

Requested by The Honorable Marion Gressette, Chairman, Senate Judicial Committee and The Honorable Robert E. Kneece, Chairman, House Judiciary Committee.

Read full opinion.

July 15, 1976

Opinion on whether or not the Children’s Bureau has authority to consent or withhold consent to adoption of children newly introduced to South Carolina if the Children’s Bureau does not have legal guardianship of these children.

Requested by The Honorable Joyce C. Hearn, Member, South Carolina House of Representatives.

Read full opinion.

July 15, 1976

Opinion on the Marion County Hospital Commission.

Requested by Mr. Edwin P. Rogers, Sr., Executive Director, Pee Dee Regional Planning and Development Council.

Read full opinion.

July 15, 1976

Opinion on the Judicial Reform Act (establishment of new fulltime solicitors).

Requested by The Honorable L. Marion Gressette, Chairman, Senate Judiciary Committee and The Honorable Robert E. Kneece, Chairman, House Judiciary Committee.

Read full opinion.

July 14, 1976

Opinion on requirements for contractors to bid on a construction project (Contractor’s Qualification Statement).

Requested by Dr. William S. Hall, Commissioner, South Carolina Department of Mental Health.

Read full opinion.

July 14, 1976

Opinion on whether the S.C. Department of Parks recreation and Tourism has the authority to operate retails establishments in State Parks.

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

Read full opinion.

July 14, 1976

Opinion on whether or not a contractor’s qualification statement is required for bids on construction projects at state agencies.

Requested by Dr. William S. Hall, Commissioner, South Carolina Department of Mental Health.

Read full opinion.

July 14, 1976

Opinion on whether or not the Parks, Recreation and Tourism Department has the authority ‘to operate retail establishments in State parks.

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

Read full opinion.

July 12, 1976

Opinion on whether or not a person may hold the positions of magistrate’s constable and Governor’s Constable without pay at the same time (Article VI, Section 3, S.C. Constitution).

Requested by Honorable James B. Edwards, Governor, State of South Carolina.

Read full opinion.

July 12, 1976

Opinion on whether magistrates’ constables have a right to carry a pistol (R 785).

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

Read full opinion.

July 12, 1976

Opinion on the 1976 Act of the Generally Assembly (R 785, constables to carry pistols while on duty).

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

Read full opinion.

July 12, 1976

Opinion on whether or not a person may hold the positions of magistrate’s constable and Governor’s Constable without pay at the same time.

Requested by Honorable James B. Edwards, Governor, State of South Carolina.

Read full opinion.

July 11, 1976

Opinion on derivation clause (Act. No. 463 of 1976).

Requested by The Honorable Richard W. Riley, Member, South Carolina Senate.

Read full opinion.

July 11, 1976

Opinion on whether the recitation of the book and page number of a deed in the derivation clause sufficiently meet the requirements of Act No. 463 of 1976.

Requested by The Honorable Richard W. Riley, Member, South Carolina Senate.

Read full opinion.

July 9, 1976

Opinion on whether a person convicted of larceny while in military service may be appointed to the position of municipal chief of police.

Requested by Clifford A. Moyer, Esquire. Executive Director, South Carolina Criminal Justice Academy.

Read full opinion.

July 9, 1976

Opinion on whether or not one convicted of larceny many years ago while in military service [presumably under Federal law] may be appointed to the position of municipal chief of police.

Requested by Clifford A. Moyer, Esquire, Executive Director, South Carolina Criminal Justice Academy.

Read full opinion.

July 8, 1976

Opinion on the date family court judges takes office (Article II, Section 4).

Requested by The Honorable Robert E. Kneece, Chairman, Judiciary Committee, South Carolina House of Representatives.

Read full opinion.

July 8, 1976

Opinion on dual office holding (members of General Assembly qualify for election to the office of family court judge per Act 690 of 1976).

Requested by The Honorable Robert E. Kneece, Chairman, Judiciary Committee, South Carolina House of Representatives.

Read full opinion.

July 8, 1976

Opinion on parcels of land deeded to the Beaufort County Sheriff’s Office.

Requested by Ladson F. Howell, Esquire, Howell and Barnes, P.A., Beaufort.

Read full opinion.

July 8, 1976

Opinion on Section 1, Article XI, effective date for family court judges to take office.

Requested by The Honorable Robert E. Kneece, Chairman, Judiciary Committee, South Carolina House of Representatives.

Read full opinion.

July 8, 1976

Opinion on whether members of the 1976 and 1977 Sessions of the General Assembly qualify for election to the office of family court judge under Act 690 of 1976.

Requested by The Honorable Robert E. Kneece, Chairman, Judiciary Committee, South Carolina House of Representatives.

Read full opinion.

July 7, 1976

Opinion on the death penalty (Section 16-51, Code of Laws of South Carolina (1962)).

Requested by The Honorable James C. Anders, Solicitor, Fifth Judicial Circuit.

Read full opinion.

July 7, 1976

Opinion on minimum wage for school districts.

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

Read full opinion.

July 7, 1976

Opinion on the meaning of language in Section 14-3707(5) of Act No. 283 (home rule legislation).

Requested by Mr. James A. Stuckey, Jr., Chairman, Charleston County Council.

Read full opinion.

July 7, 1976

Opinion on whether school districts will be required to pay a minimum wage of $2.20 per hour during FY 76–77.

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

Read full opinion.

July 7, 1976

Opinion on the meaning of the following language contained in Section 14-3703(5) of Act No. 283 (home rule legislation).

Requested by Mr. James A. Stuckey, Jr., Chairman, Charleston County Council.

Read full opinion.

July 7, 1976

Opinion on murder, death penalty, validity Of, Section 16–51, Code of Laws of South Carolina (1962), as amended.

Requested by The Honorable James C. Anders, Solicitor, Fifth Judicial Circuit.

Read full opinion.

July 6, 1976

Opinion on the power of eminent domain in Chester-field County.

Requested by Ney B. Steele, Esquire, Attorney at Law, Chesterfield.

Read full opinion.

July 6, 1976

Opinion on the Beaufort County Drug Diversion Program.

Requested by Mr. D.H. Boyne, Jr., Director, Beaufort County Alcohol Safety Action Program.

Read full opinion.

July 3, 1976

Opinion on whether public disclosure is required under the Freedom of Information Act on a memorandum written as an administrative briefing for a county social services board.

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

Read full opinion.

July 1, 1976

Opinion on licensing requirements for embalmers.

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

Read full opinion.

July 1, 1976

Opinion on personal liability of doctors and dentists when malpractice occurred during military service.

Requested by Deputy Adjutant General.

Read full opinion.

July 1, 1976

Opinion on the derivation clause for mortgages.

Requested by State Senator, District No. 2.

Read full opinion.

July 1, 1976

Opinion on tax increase notices (Section 12(C), Act No. 208, Acts of 1975)).

Requested by The Honorable Pauline S. Koger, Charleston County Auditor.

Read full opinion.

June 30, 1976

Opinion on whether Section 85 of the 1976–77 General Appropriation Bill is within the meaning of Article IV, Section 21, of the South Carolina Constitution.

Requested by The Honorable Rex L. Carter, Speaker of the South Carolina House of Representatives.

Read full opinion.

June 30, 1976

Opinion on Act No. 283 of 1975 (Section 14–3701).

Requested by Roy McBee Smith, Esquire, Spartanburg County Attorney.

Read full opinion.

June 28, 1976

Opinion on dual office holding (serves as trustee of a school district and member of the board of trustees of Winthrop College).

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

Read full opinion.

June 24, 1976

Opinion on Senate Bill No. 757 (Child Support Garnishment Bill).

Requested by The Honorable Robert E. Kneece, Member, South Carolina House of Representatives.

Read full opinion.

June 24, 1976

Opinion on documentation required by the State Board of Health to have a sterilization operation performed on a minor with intellectual and developmental disabilities.

Requested by The Honorable John D. Long, III, Member, South Carolina Senate.

Read full opinion.

June 23, 1976

Opinion on Act No. 2580 of 1832 (corporate tax).

Requested by Morris D. Rosen, Esquire.

Read full opinion.

June 23, 1976

Opinion on whether a Registered Nurse may inject a 1% carbocaine solution into a caudal anesthetic of a pregnant patient in active labor.

Requested by Mrs. Ruth Q. Seigler, R.N., Executive Director, State Board of Nursing for South Carolina.

Read full opinion.

June 23, 1976

Opinion on the constitutionality of H. bill 3896 (binding arbitration.

Requested by Mr. Robert C. Toomey, House Medical, Military, Public and Municipal Affairs Committee.

Read full opinion.

June 23, 1976

Opinion on sale and consumption of alcohol (Section 4-33.1 of the South Carolina Code of Laws).

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

Read full opinion.

June 23, 1976

Opinion on Section 47-1541 of the 1962 Code of Laws (vested certain lands in the City of Charleston).

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

Read full opinion.

June 22, 1976

Opinion on constitutionality of the Town of Allendale imposing a business license tax on health and accident insurance companies.

Requested by Attorney for the Town of Allendale.

Read full opinion.

June 22, 1976

Opinion on whether the SCHD may modify, its present contract with Froehling & Robertson, Inc., without going through the process of selecting engineers pursuant to §§ 1–453, et seq., Code of Laws of South Carolina (1962) (as amended).

Requested by The Honorable P.C. Smith, State Auditor.

Read full opinion.

June 22, 1976

Opinion on an agreement between the University of South Carolina Press and the South Carolina Department of Archives and History.

Requested by Charles E. Lee, Director, Department of Archives and History.

Read full opinion.

June 21, 1976

Opinion on what rate(s) may be charged on home improvement loans secured by first and/or second mortgages on real estate.

Requested by B.O. Thomason, Jr., Attorney at Law.

Read full opinion.

June 21, 1976

Opinion on whether persons licensed under South Carolina Code Section 56-745, as amended, may use the term “hearing aid audiologist.”

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

Read full opinion.

June 21, 1976

Opinion on the proviso dealing with ‘Advertising and Promotion’ in the proposed 1976-77 Appropriation Act.

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

Read full opinion.

June 21, 1976

Opinion on UMTA Contract.

Requested by Mr. Allan J. Spence, Director, Division of Motor Vehicle Management.

Read full opinion.

June 18, 1976

Opinion on whether or not the repeal Act No. 26 of 1973 would be by special legislation prohibited by Article III, Section 34, subdivision ix, and by Article VIII, Section 7 of the State Constitution.

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

Read full opinion.

June 18,1976

Opinion on Act No. 283 of 1975 (expenditure involved in changing the town’s code of ordinances  on the home rule legislation is a capital expenditure).

Requested by Ms. Julia E. Brunson, Town Clerk and Treasurer, Town Summerton.

Read full opinion.

June 18, 1976

Opinion on election of county treasurers and auditors pursuant to Act No. 283 of 1975 (home rule legislation).

Requested by Mr. Bo Shetterly, S.C. Association of Counties.

Read full opinion.

June 18, 1976

Opinion on the Berkeley County Library.

Requested by R. Markley Dennis, County Attorney, Moncks Corner.

Read full opinion.

June 18, 1976

Opinion on Section 14-3701 (home rule legislation).

Requested by R. Markley Dennis, County Attorney, Moncks Corner.

Read full opinion.

June 18, 1976

Opinion on dual office holding (work in the County Treasurer’s office and membership on the Board of Registration).

Requested by The Honorable John A. Martin, Member, South Carolina Senate.

Read full opinion.

June 18, 1976

Opinion on appointment to the Marlboro County Board of Social Services by the Governor (Section 71-31, Code of Laws of South Carolina, 1962, as amended).

Requested by The Honorable John I. Rogers, III, Member, South Carolina House of the Representatives.

Read full opinion.

June 18, 1976

Opinion on what remedy an individual has with respect to an alleged violation of the Freedom of Information law by a public entity.

Requested by Ms. Linda J. Ladd, I-Line Editor, The Anderson Independent.

Read full opinion.

June 18, 1976

Opinion on whether there is a provision in Act No. 283 of 1975, which would prohibit a municipality from paying a portion of that municipality’s employees’ insurance as part of their benefits.

Requested by Ms. Barbara Elliott, Clerk, Town of Andrews.

Read full opinion.

June 17, 1976

Opinion on whether members of the Orangeburg County Consumer Health Council are subject to the provisions of the Hatch Act.

Requested by Mr. Lynn R. Collins, Senior Attorney-Enforcement, United States Civil Service Commission.

Read full opinion.

June 17, 1976

Opinion on whether there is a statutory requirement for poll workers to receive compensation from counties during elections.

Requested by Mr. Larry Lassiter, Cherokee County Administrator.

Read full opinion.

June 17, 1976

Opinion on whether the exemption afforded by Act 954, Acts of 1972, includes personal property.

Requested by State Senator District No. 12.

Read full opinion.

June 17, 1976

Opinion on whether a school district is required to solicit bids before hiring a contractor to complete construction on a school building (Section 1-466, Code of Laws of South Carolina).

Requested by Bruce Foster, School District Attorney, School District 5, Spartanburg County.

Read full opinion.

June 17, 1976

Opinion on wheelchair access ramps at Lexington County buildings.

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

Read full opinion.

June 17, 1976

Opinion on whether the exemption afforded by Act 954, Acts of 1972, includes personal property.

Requested by State Senator, District No. 12.

Read full opinion.

June 17, 1976

Opinion on whether an applicant for the Optician’s exam who is examined by the Board by mistake and does not pass the exam is entitled to retake the examination if he does not meet the qualifications.

Requested by Jack S. Folline, South Carolina Board of Examiners in Optometry and Opticianry.

Read full opinion.

June 17, 1976

Opinion on Section 33-22, Code of Laws regarding the State Highway Commission.

Requested by The Honorable W.E. Berne, Member, South Carolina State Highway Commission.

Read full opinion.

June 17, 1976

Opinion on whether or not the Broad Creek Public Service District Commission is authorized by Act No. 1739 of 1972, as amended by Act No. 575 of 1973, to compensate its members.

Requested by Mr. Cary S. Grieffin, Esquire, Hilton Head Island.

Read full opinion.

June 17, 1976

Opinion on the use of the title ‘Doctor’ in telephone directory listings.

Requested by Ms. Judy Nell Chambers, Legal Department, Southern Bell Telephone and Telegraph Company.

Read full opinion.

June 17, 1976

Opinion on whether or not the South Carolina Appalachian Regional Computer Commission is a non-profit governmental agency.

Requested by Mr. Robert P. Bell, Director, S. C. Appalachian Regional Computer Commission.

Read full opinion.

June 17, 1976

Opinion on Aiken County Ordinance No. 76-6 dealing with the Aiken County Public Service Authority.

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

Read full opinion.

June 17, 1976

Opinion on licensing requirements applicable to nurses working on bloodmobiles in South Carolina.

Requested by Ms. Betty Beldin, Director, Blood Program Nursing, American Red Cross.

Read full opinion.

June 16, 1976

Opinion on which authority would preclude a judge to make an order to seal the autopsy report and photographs.

Requested by The Honorable Dan F. Laney, Jr., Judge, Third Judicial Circuit.

Read full opinion.

June 14, 1976

Opinion on whether a municipality can sue a county in the Circuit Courts of this State on a cause of action arising out of breach of contract.

Requested by R. Thayer Rivers, Jr., Esquire, Ridgeland City Attorney.

Read full opinion.

June 12, 1976

Opinion on whether a teacher who does not complete his teaching contract is eligible for pre-retirement death benefit pursuant to Section 24 of Act No. 1555 of 1971.

Requested by The Honorable Purvis F. Collins, Director, South Carolina Retirement System.

Read full opinion.

June 11, 1976

Opinion on dual office holding (member of the Board of the SC Department of Social Services and member of a Public Advisory Committee of the U.S. Office of Education).

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

Read full opinion.

June 11, 1976

Opinion on whether the Bennettsville City Recorder has jurisdiction over cases involving juvenile offenders.

Requested by Mr. Charles R. Hunter, Jr., Bennettsville City Recorder.

Read full opinion.

June 11, 1976

Opinion on whether or not elected officials of the State with State-wide authority are entitled to receive payment for unused leave [terminal leave] under Section 3 of Act 997 of 1974.

Requested by The Honorable John H. Mills, Comptroller General.

Read full opinion.

June 10, 1976

Opinion on whether a school district can withhold report cards from individuals on the grounds that they have not paid the necessary fees for their textbooks.

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

Read full opinion.

June 10, 1976

Opinion concerning the tort liability of the Governor’s Physical Fitness Council.

Requested by Mrs. Shirley M. Geiger, Director, Governor’s Council on Physical Fitness, South Carolina.

Read full opinion.

June 9, 1976

Opinion on whether the City of Greenwood would have the power of eminent domain for purposes of acquiring rights of way to be used by a railroad in a track relocation program.

Requested by G. P. Callison, Esquire, Callison and Dorn, Greenwood.

Read full opinion.

June 8, 1976

Opinion on whether or not confidential personnel files of law enforcement officers are subject to disclosure under the South Carolina Freedom of Information Act, Code Section 1–20, et seq.

Requested by The Sheriff, Richland County.

Read full opinion.

June 8, 1976

Opinion on the authority of a coroner with reference to burial of a dead body.

Requested by The Honorable Cecil Bowers, Coroner, Camden.

Read full opinion.

June 8, 1976

Opinion on Section 21-752(3) of the South Carolina Code of Laws.

Requested by Mr. R.W. Burnette, Deputy Superintendent, Department of Education.

Read full opinion.

June 8, 1976

Opinion on whether verification of signatures on a petition is required pursuant to the 1975 Home Rule Act.

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

Read full opinion.

June 8, 1976

Opinion on a proposed bill which would provide three alternate forms of school district organization and provide for the ‘fiscal independence of all school districts’ in this State.

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

Read full opinion.

June 5, 1976

Opinion on whether the South Carolina Freedom of information Act requires disclosure of information relating to teacher pay classifications.

Requested by Mr. Ray Burnette, Deputy State Superintendent of Education.

Read full opinion.

June 5, 1976

Opinion on whether the Governor and General Assembly can extend the term of office of a member of the State Board of Barber Examiners, beyond the statutory period.

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

Read full opinion.

June 4, 1976

Opinion on whether or not certain information held by the South Carolina Department of Education is subject to disclosure under the South Carolina Freedom of Information Act.

Requested by Deputy State Superintendent of Education.

Read full opinion.

June 4, 1976

Opinion on whether or not the South Carolina Freedom of Information Act requires disclosure of personnel files on law enforcement officers.

Requested by The Honorable Frank Powell, Sheriff, Richland County.

Read full opinion.

June 3, 1976

Opinion on how often and under what circumstances has the Attorney General initiated prosecutions.

Requested by Mrs. Patton G. Wheeler, Executive Director, Committee of the Office of Attorney General, North Carolina.

Read full opinion.

June 3, 1976

Opinion on the propriety of a member of the board of trustees of a school district to employ one of its members for the purpose of conducting an audit of school funds within the district.

Requested by Mr. W. B. Hawkins, Attorney at Law, Dillon.

Read full opinion.

June 2, 1976

Opinion on whether or not the Legislative Audit Council possesses the power to audit the Western Carolina Sewer Authority.

Requested by Mr. Albert M. Gross, Deputy Director, Legislative Audit Council.

Read full opinion.

June 1, 1976

Opinion on rules of Tennessee State Building Commission.

Requested by Chip Ames, Assistant Attorney General, State of Tennessee.

Read full opinion.

June 1, 1976

Opinion on whether South Carolina law prohibits an employer giving an employee running for public office time off with pay during the political campaign or keeping that employee on the payroll after his election to public office.

Requested by Mr. Russell D. Mellette, Director, South Carolina Chamber of Commerce.

Read full opinion.

May 31, 1976

Opinion on the effect of Act 482 of 1976 relating to the speedy trial requirement of Section 47–38 of the South Carolina Code.

Requested by The Honorable O. Palmour Hollis, City Judge, North Augusta.

Read full opinion.

May 31, 1976

Opinion on whether a duly licensed doctor of podiatric medicine is entitled to the use of public hospital facilities.

Requested by Dr. James D. Hill, State Board of Podiatry Examiners.

Read full opinion.

May 31, 1976

Opinion on whether coin operated, less than regulation size, pool or billiard tables are under the same control as regulation tables.

Requested by Chief of Police, Anderson Police Department.

Read full opinion.

 

May 28, 1976

Opinion on Section 12 of the Rules and Regulations Governing Vital Statistics promulgated pursuant to S.C. Code Section 32–1102.

Requested by Ms. Doris Byars, Assistant State Registrar, South Carolina Department of Health and Environmental Control.

Read full opinion.

May 28, 1976

Opinion on whether or not the Governor has the authority to suspend a member of the General Assembly who has been indicted.

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

Read full opinion.

May 28, 1976

Opinion on whether a Magistrate has authority to issue a warrant for the apprehension of a particular convict who was released early due to an administrative mistake (Section 43-214, 1962 Code of Laws).

Requested by The Honorable Harold McElrath, Magistrate, Abbeville County.

Read full opinion.

May 28, 1976

Opinion on whether or not the Clarendon County Board of Commissioners is authorized to appropriate money for office and business expenses for the Circuit Judge and Solicitor, the game wardens, the highway patrolmen, and the probation officer of Clarendon County.

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

Read full opinion.

May 27, 1976

Opinion on whether a school board may meet in non-public executive sessions where any final budget will be discussed publicly and voted on by the full school board before being adopted.

Requested by The Georgetown County School Board Attorney.

Read full opinion.

May 27, 1976

Opinion on the maximum punishment that can be prescribed by ordinances promulgated pursuant to Act No. 283 of 1975, the “home rule” legislation.

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

Read full opinion.

May 27, 1976

Opinion on Whether Act ___ of 1976 (R 681) authorizes the Governor to fill vacancies on the Board of Trustees of a school district which existed on the effective date of the act.

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

Read full opinion.

May 27, 1976

Opinion on whether municipal police officers have authority to make charges against a driver involved in a traffic accident without a warrant and not having witnessed the alleged offense, is a misdemeanor.

Requested by The Honorable L W. Griffin, Chief of Police, City of Sumter.

Read full opinion.

May 26, 1976

Opinion on recent legislation establishing new procedures for the disposal and/or destruction of certain birth records (Act No. 291 of 1973). .

Requested by Mr. Robert Murcoto, New York.

Read full opinion.

May 26, 1976

Opinion on criminal appearance bonds and recognizances.

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

Read full opinion.

May 26, 1976

Opinion on Section 21-4079, Code of Laws of South Carolina, 1962.

Requested by Dr. H. William Mitchell, Superintendent, Sumter County School District No. 2.

Read full opinion.

May 25, 1976

Opinion on whether the S.C. Department of Agriculture’s mailing list of “The Market Bulletin” is public information.

Requested by The Honorable Bill Campbell, Member, South Carolina House of Representatives.

Read full opinion.

May 25, 1976

Opinion on whether an Order of Ejectment is still in effect if a landlord accepts a partial payment for rent in arrears.

Requested by The Honorable L.L. Henderson, Sheriff, County of Newberry.

Read full opinion.

May 25, 1976

Opinion on Bill Number H-3826 (amend Section to of Act 222 of 1967 the South Carolina Meat and Meat Food Regulations and Inspection Law).

Requested by The Honorable H. Keith Vanderford, Member, South Carolina House of Representatives.

Read full opinion.

May 25, 1976

Opinion on the composition and selection of the Laurens County Board of Voter Registration.

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

Read full opinion.

May 24, 1976

Opinion on dual office holding (county employee can also be a member of county council).

Requested by The Honorable John I. Rogers, III, Member, South Carolina House of Representatives.

Read full opinion.

May 24, 1976

Opinion on R-513-H-3094.

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

Read full opinion.

May 24, 1976

Opinion on authority of the Governor to fill a position that may be created by the suspension of a public office consequent upon the official’s indictment for embezzlement.

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

Read full opinion.

May 24, 1976

Opinion on Section 21-4079 (is a majority vote needed to appoint a person to fill a vacancy for the unexpired portion of the school board trustee’s term).

Requested by Dr. H. William Mitchell, Superintendent, Sumter County School District No. 2.

Read full opinion.

May 21, 1976

Opinion on the closing of Booker Bottom Road (§ 33-801, 1962 Code of Laws of South Carolina).

Requested by Mr. Fred Alexander, Whitmire.

Read full opinion.

May 19, 1976

Opinion on whether a member of the Richland County Council, once having orally submitted his resignation at a meeting of the County Council, can subsequently withdraw such resignation.

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

Read full opinion.

May 19, 1976

Opinion on whether the S.C. Department of Youth Services may establish a procedure that mandates one drive for all charities in each year.

Requested by Mr. John R. Kinchen, Assistant Deputy Director, S. C. Department of Youth Services.

Read full opinion.

May 14, 1976

Opinion on whether the annexation of an attendance area from Lexington School District No. 4 to Lexington School District No. 2 affects the limits of bonded indebtedness.

Requested by The Honorable H. Ray Ham, Member, South Carolina House of Representatives.

Read full opinion.

May 14, 1976

Opinion on what constitutes proper justification for consideration of information submitted in conjunction with pollution control permit applications to be confidential.

Requested by Mr. J. Preston Campbell, Environmental Engineer, S.C. Department of Health & Environmental Control.

Read full opinion.

May 14, 1976

Opinion on Act 596 of 1976 (R. 681).

Requested by Member, South Carolina House of Representatives.

Read full opinion.

May 14, 1976

Opinion on whether a municipality can have all roads within its limits considered private.

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

Read full opinion.

May 13, 1976

Opinion on whether a licensed security guard can carry a firearm into an establishment that he has not been hired to guard.

Requested by J.C. Trouton, Department of Police, Greer.

Read full opinion.

May 13, 1976

Opinion on whether House Bill 3857 is effective for the tax year 1976.

Requested by The Director, Property Tax Division, South Carolina Department of Internal Revenue.

Read full opinion.

May 11, 1976

Opinion on the constitutionality of certain proposed provisions of the 1976–1977 general appropriations bill.

Requested by The Honorable Rembert C. Dennis, Member, South Carolina Senate.

Read full opinion.

May 11, 1976

Opinion on Act no. 283 of 1975 with respect to Union County.

Requested by The Honorable H. Keith Vanderford, Member, South Carolina House of Representatives.

Read full opinion.

May 11, 1976

Opinion on whether or not the filing as a candidate for the position of county supervisor in Oconee County in order to run in the June 8, 1976, primary should be reopened.

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

Read full opinion.

May 11, 1976

Opinion on whether or not a referendum conducted pursuant to Section 14-3701(a) of Act No. 283 of 1975, the ‘home rule’ legislation, can be scheduled in Charleston County.

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

Read full opinion.

May 7, 1976

Opinion on whether an individual may be fired or refused employment on the grounds that he is a homosexual.

Requested by Mr. C. A. Linder, Jr., Greenville.

Read full opinion.

May 7, 1976

Opinion on constitutionality of a bill regarding Sections 21-4079 and 21-4080, Code of Laws of South Carolina, 1962, as amended.

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

Read full opinion.

May 7, 1976

Opinion on what ordinances exist for the control of dogs and other domestic pets.

Requested by Mr. Jimmy E. Stratton, Hartsville.

Read full opinion.

May 6, 1976

Opinion on whether security officers of the Medical University have authority to make arrests for crimes committed on the street immediately adjacent to the property of the Medical University.

Requested by Mr. Carl J. Ericson, Chief of Public Safety, Medical University of South Carolina.

Read full opinion.

May 6, 1976

Opinion on the Western Carolina Sewer Authority.

Requested by The Honorable William H. Stroud, Member, South Carolina House of Representatives.

Read full opinion.

May 6, 1976

Opinion on whether or not auxiliary police officers have the power of arrest beyond that of ordinary citizens.

Requested by The Honorable Bruce A. Drawdy, Chief, Port Royal Police Department.

Read full opinion.

May 5, 1976

Opinion on dual office holding (serves as town policeman and run for office of county sheriff).

Requested by The Honorable A. O. Corbett, Jr., Chief of Police, Bishopville.

Read full opinion.

May 4, 1976

Opinion on highway instructions to fee appraisers.

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

Read full opinion.

May 3, 1976

Opinion on whether there is any legislation on the posting of privately owned property.

Requested by Ms. Phillis Morganstein, The Nature Conservancy, Decatur Georgia.

Read full opinion.

May 3, 1976

Opinion on contractual agreements with architectural and engineering firms.

Requested by Mr. E. A. Melton, Chairman, Legislative Committee, Associated Independent Electrical Contractors of America.

Read full opinion.

May 3, 1976

Opinion on releases of collateral under the Uniform Commercial Code.

Requested by The Honorable Thad L. Carroll, Clerk of Court, York County.

Read full opinion.

May 3, 1976

Opinion on whether a city or town can abate a private nuisance.

Requested by G. Larry Inabinet, Esquire, Attorney for the Town of Williston.

Read full opinion.

May 3, 1976

Opinion on whether the Governor can withdraw a veto after the expiration of the constitutional five-day limit.

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

Read full opinion.

April 30, 1976

Opinion on Section 1–360.43 of the State Ethics Act.

Requested by Alvin J. Neal, Esquire, Columbia.

Read full opinion.

April 30, 1976

Opinion on whether District 2 is required by law to authorize deductions for union dues when so requested by a certain labor organization which represents teachers.

Requested by Mr. H. E. Corley, Superintendent, School District No. 2 of Richland County.

Read full opinion.

April 29, 1976

Opinion on H 3645 (proposal to change the tax millage of a special purpose district).

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

Read full opinion.

April 29, 1976

Opinion on whether traffic stops by a law enforcement officer having traffic jurisdiction and the issuance of a uniform traffic ticket to the driver constitutes an arrest.

Requested by The South Carolina State Highway Patrol.

Read full opinion.

April 29, 1976

Opinion on Sections 65–275 and 65–277 of the South Carolina tax code.

Requested by Director, Income Tax Division, South Carolina Tax Commission.

Read full opinion.

April 28, 1976

Opinion on whether it is a valid proper use of the police power granted to a municipality to pass an ordinance prohibiting the sale of beer for consumption at commercial establishments.

Requested by The Honorable John A. Martin, Member, South Carolina Senate.

Read full opinion.

April 28, 1976

Opinion on the Governor withdrawing or rescinding a veto.

Requested by unnamed official.

Read full opinion.

April 27, 1976

Opinion on whether it is constitutional for the South Carolina Pork Board to require an auction house to pay 5 cents on each hog that is sold through that barn.

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

Read full opinion.

April 27, 1976

Opinion on a deadline to file a petition for a referendum for it to be certified.

Requested by Mr. Ed McElveen, Jr., Lee County Administrator.

Read full opinion.

April 27, 1976

Opinion concerning a construction bid opening for Hillcrest High School renovations.

Requested by Mr. Robert C. Black, Black Construction.

Read full opinion.

April 26, 1976

Opinion on legality of the town mayor’s family member employed in the town’s Public Service Employment program.

Requested by G. P. Callison, Esquire, County Attorney, Greenwood.

Read full opinion.

April 26, 1976

Opinion on preservation of a petition submitted pursuant to Section 14-370(a) of Act No. 283 of 1975.

Requested by Mr. J.R. Martin, Chairman, Chester County Board of Directors.

Read full opinion.

April 26, 1976

Opinion on which entity has the authority to increase the levy for the Greenville County Library (Greenville County Council or Greenville County Legislative Delegation).

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

Read full opinion.

April 26, 1976

Opinion on certain provisions of the business and professional license ordinance enacted by the City of Myrtle Beach.

Requested by E. Windell McCrackin, Esquire, City Attorney for Myrtle Beach.

Read full opinion.

April 26, 1976

Opinion on whether the Pendleton District Historical and Recreational Commission is required by law to open sealed bids for printing contracts in the presence of all bidders.

Requested by Mr. Hurley E. Badders, Director, Pendleton District Historical and Recreational Commission.

Read full opinion.

April 26, 1976

Opinion on whether an employee of town government is required to resign his position with the town or take a leave of absence if he enters a political race.

Requested by Mr. A. O. Corbett, Jr., Chief of Police, Bishopville.

Read full opinion.

April 23, 1976

Opinion on whether the South Carolina Highway Department can participate in federal reimbursed housing of last resort programs.

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

Read full opinion.

April 23, 1976

Opinion on statutes relating to the incorporation of the Town of Adamia.

Requested by The Honorable McKinley Washington, Jr., Member, South Carolina House of Representatives.

Read full opinion.

April 23, 1976

Opinion on depositions in foreign countries.

Requested by Robert M. McIntosh, Esquire, Columbia.

Read full opinion.

April 23, 1976

Opinion on proposed contract with the Educational Resources Foundation.

Requested by Mr. Howard R. Boozer, Executive Director, South Carolina Commission on Higher Education.

Read full opinion.

April 22, 1976

Opinion on whether a reduction in number may be provided by law for the board of trustees of Anderson Memorial Hospital without violating the prohibition against special legislation.

Requested by The Honorable T. Ed Garrison, Member, South Carolina Senate.

Read full opinion.

April 22, 1976

Opinion on whether there is a law which provides for the payment by landlords of interest on tenants’ security deposits.

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

Read full opinion.

April 21, 1976

Opinion on the constitutionality of certain regulations relating to the advertising of ophthalmic goods and services filed by the Federal Trade Commission.

Requested by William B. McCurdy, Jr., O.D., President, The South Carolina Board of Examiners in Optometry & Opticianry.

Read full opinion.

April 21, 1976

Opinion on whether a city can provide a salary or per diem to the Commissioners of Public Works under the provisions of Section 59–172 of the Code of Laws.

Requested by William C. Ehrhardt, Esquire, Charleston.

Read full opinion.

April 21, 1976

Opinion on dual office holding (member of the Charleston County Planning Board and as a member of the City of Charleston Planning and Zoning Commission).

Requested by Andrew F. Hodges, Deputy Charleston County Attorney.

Read full opinion.

April 20, 1976

Opinion on definition of the phrase “latest official United States Census” as used in Section 47–2 of the Code of Laws, 1962.

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

Read full opinion.

April 20, 1976

Opinion on obtaining a masseuse license.

Requested by Ms. Louise Moore, North Myrtle Beach.

Read full opinion.

April 20, 1976

Opinion on expired term limits of the board of trustees of the South Carolina Opportunity School.

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

Read full opinion.

April 20, 1976

Opinion on whether the Western Carolina Regional Sewer Authority is subject to the Freedom of Information Act of South Carolina.

Requested by The Honorable Theo W. Mitchell, Member, South Carolina House of Representatives.

Read full opinion.

April 19, 1976

Opinion on whether or not a person steering a towed motor vehicle may be guilty of DUI.

Requested by Col. P.F. Thompson, South Carolina State Highway Patrol.

Read full opinion.

April 19, 1976

Opinion on the phrase “of whom three shall have a visual acuity not to exceed 20 /200”, as it appears in South Carolina Code § 71–291.

Requested by Mr. Henry F. Watts, State Commissioner for the Blind.

Read full opinion.

April 19, 1976

Opinion on the constitutionality of a bill, H-3335 relating to the North Charleston Sewer District.

Requested by Mr. Francis K. Sullivan, Charleston County Legislative Delegation.

Read full opinion.

April 16, 1976

Opinion on Act 208, Acts of 1975 (property tax).

Requested by G. P. Callison, Esquire, Callison & Dorn.

Read full opinion.

April 14, 1976

Opinion on dual office holding (Board member of the SC Department of Social Services and employed by the Social Security Administration).

Requested by Joseph O. Rogers, Jr., Esquire, Manning.

Read full opinion.

April 14, 1976

Opinion concerning jury arguments in first offense DUI cases.

Requested by Corporal M. K. Alessandro, South Carolina Highway Patrol.

Read full opinion.

April 14, 1976

Opinion on Senate Bill S-592 (property tax).

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

Read full opinion.

April 14, 1976

Opinion on model ordinance No. 8 (providing for nonpartisan elections).

Requested by Mr. J.M. McLendon, Esquire, McLendon and Sloan, Marion.

Read full opinion.

April 13, 1976

Opinion on Sections 65–275 and 65–277 (parent corporation’s deduction for a bad debt for an insolvent subsidiary merged with the parent).

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

Read full opinion.

April 12, 1976

Opinion on whether a dower interest or a remainderman’s interest in property constitutes sufficient ownership to meet the requirements for a residential classification of property for ad valorem tax purposes.

Requested by The Florence County Tax Assessor.

Read full opinion.

April 12, 1976

Opinion on whether or not a woman living with her husband on a South Carolina military base can claim South Carolina as her domicile and her husband not claim South Carolina as his domicile.

Requested by G. Werber Bryan, Esquire, Bryan, Bahnmuller, King, Goldman & McElveen, Sumter.

Read full opinion.

April 12, 1976

Opinion on Sections 12A, 12B and 12C of Act 208.

Requested by Andrew F. Hodges, Deputy Attorney, Charleston County.

Read full opinion.

April 12, 1976

Opinion on whether or not the Tax Commission has statutory authority to allow a taxpayer to ‘make an election to capitalize or deduct interest, taxes and other carrying charges with respect to property under development (Section 266 of the Internal Revenue Code and Regulations).

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

Read full opinion.

April 12, 1976

Opinion on whether a dower interest or a remainderman’s interest in property constitutes sufficient ownership to meet the requirements for a residential classification of property for ad valorem tax purposes.

Requested by The Honorable Robert S. Floyd, Florence County Tax Assessor.

Read full opinion.

April 9, 1976

Opinion on dual office holding (member of the SC House of Representatives and membership on the SC District Advisory Council of the Small Business Administration).

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

Read full opinion.

April 9, 1976

Opinion on confiscated pistols.

Requested by Colonel P. F. Thompson, Director of Law Enforcement, State Highway Department.

Read full opinion.

April 8, 1976

Opinion on whether or not the City of Chesterfield is required to have its police officers certified by the South Carolina Law Enforcement Training Council [Police Academy].

Requested by The Honorable Carl R. Welch, Chief of Police, Chesterfield Police Department.

Read full opinion.

April 7, 1976

Opinion on whether state and federal estate tax returns filed with the Tax Commission are public records.

Requested by Mr. Lovick N. Hornsby, Director, Estate and Gift Tax Division, South Carolina Tax Commission.

Read full opinion.

April 6, 1976

Opinion on extent of Governor’s power to veto sections or items of an Appropriations Bill. The

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

Read full opinion.

April 6, 1976

Opinion on the possession of a machine gun by a peace officer pursuant to the provisions of Section 16–121 of the Code of Laws, 1962, as amended.

Requested by Mr. Mike Gulledge, Abbeville.

Read full opinion.

April 6, 1976

Opinion on Act 30–6–1952.

Requested by The Honorable Joyce C. Hearn, Member, South Carolina House of Representatives.

Read full opinion.

April 6, 1976

Opinion on the Appropriations Act and/or other State statutes relating to the State Plan commitments in the AFDC and Medicaid programs.’

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

Read full opinion.

April 5, 1976

Opinion on the status of the Aiken County Public Service Authority.

Requested by Douglas S. Garvin, Esquire, Garvin, Grant, Fox, Nuessle, Zier & Burkhalter, Aiken.

Read full opinion.

March 31, 1976

Opinion on the maximum amount allowed for the deductible under Section 10(A) of the S.C. Pesticide Control Act.

Requested by Dr. L. H. Senn, S. C. Crop Pest Commission.

Read full opinion.

March 31, 1976

Opinion on whether the Uniform Alcoholism and Intoxication Treatment Act is in conformity with the Uniform Act.

Requested by Mr. William J. McCord, Director, Commission of Alcohol and Drug Abuse.

Read full opinion.

March 31, 1976

Opinion on ordinances concerning employment of an elected official’s mother in the Public Service Employment program in the Town of Ware Shoals.

Requested by The Honorable G. H. Frederick, Jr., Mayor, Town of Ware Shoals.

Read full opinion.

March 31, 1976

Opinion on the closing of Booker Bottom Road.

Requested by Mr. Fred Alexander, Whitmire,

Read full opinion.

March 30, 1976

Opinion on what is acceptable proof of residency in South Carolina to purchase pistols.

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

Read full opinion.

March 30, 1976

Opinion on whether a person may run against only one of the two incumbent Florence district magistrates in the nominating election.

Requested by Thomas E. Rogers, Jr., Esquire, Florence.

Read full opinion.

March 30, 1976

Opinion on whether or not a Magistrate’s Constable has the authority of arrest on misdemeanors with or without a warrant.

Requested by The Honorable Frank Powell, Sheriff, Richland County.

Read full opinion.

March 26, 1976

Opinion on lease agreement between the MUSC and Charleston County owned McClennan-Banks Hospital and expenditure of public funds for renovations and additions to the Hospital.

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

Read full opinion.

March 26, 1976

Opinion concerning the tenure of office of the county executive committee under the provisions of Section 23-258 of the Code of Laws of 1962.

Requested by The Honorable Joyce C. Hearn, Member, South Carolina House of Representatives.

Read full opinion.

March 26, 1976

Opinion on the required contents of a petition to the county election commission for its certification.

Requested by Mr. Russell B. Shetterly, S. C. Association of Counties.

Read full opinion.

March 25, 1976

Opinion on Section 65-1404(24)

Requested by Mr. James A. Walton, Director, Sales and Use Tax Division.

Read full opinion.

March 25, 1976

Opinion on liability of the Department of Young Services for damages to a privately owned vehicle inflicted by a student.

Requested by Mr. George O. Compton, Coordinator of Supportive Services, S. C. Department of Youth Services.

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.

March 25, 1976

Opinion on 73 Acts 22 (creation of the Civil Court of Limited Jurisdiction for the City of Lake City).

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

Read full opinion.

March 25, 1976

Opinion on ramifications of the legal age in South Carolina.

Requested by Mr. John Tucci, Hannibal Senior High School.

Read full opinion.

March 24, 1976

Opinion on addendum to March 24th letter regarding Article 3, § 30, South Carolina Constitution.

Requested by Mr. S. N. Pearman, Chief Highway Commissioner, S. C. State Highway Dept.

Read full opinion.

March 24, 1976

Opinion on whether the State Workmen’s Compensation Fund has authority to provide coverage for volunteers working in various capacities for governmental sub-divisions, particularly civil defense and auxiliary police.

Requested by Mr. John W. Scott, Director, State Workmen’s Compensation Fund.

Read full opinion.

March 24, 1976

Opinion on Article 3, § 30, South Carolina Constitution.

Requested by Mr. S. N. Pearman, Chief Highway Commissioner, S. C. State Highway Dept.

Read full opinion.

March 24, 1976

Opinion on whether or not the Charleston County Tax Exempt Board has any discretion in its imposition of the penalty charge provided for in Section 4 of Act No. 494 of 1969, as amended (56 Stat. 857 (1969); 57 Stat. 1089 (1971); and 57 Stat. 2735 (1972)).

Requested by Mr. Francis K. Sullivan, Executive Secretary, Office of Charleston County.

Read full opinion.

March 24, 1976

Opinion on authority of the City of Lancaster to condemn property.

Requested by Mr. Billy G. F. Williams, Lancaster.

Read full opinion.

March 24, 1976

Opinion on when the duty of a peace officer ends with respect to allegedly mentally ill persons taken into custody pursuant to a Detention Order.

Requested by Lieutenant Bill Mabry, Spartanburg County Police.

Read full opinion.

March 24, 1976

Opinion on authority of Governor to fill vacancies on commissions created by resignations.

Requested by The Honorable R. Archie Ellis, Commissioner, S. C. Department of Social Services.

Read full opinion.

March 24, 1976

Opinion on Act No. 1768 of 1972 (57 STAT. 3473).

Requested by The Honorable Joseph R. Murray, Member, South Carolina House of Representatives.

Read full opinion.

March 23, 1976

Opinion on House Bill No. 3562 which authorizes the General Assembly to designate, fix and establish voting precincts.

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

Read full opinion.

March 23, 1976

Opinion on dual office holding (member of the North Spartanburg Area Fire District Board of Fire Control and serve as a Member of the House of Representatives).

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

Read full opinion.

March 23, 1976

Opinion on residency requirements to become a candidate for the House of Representatives.

Requested by The Honorable William N. Clinkscales, Jr., Belton.

Read full opinion.

March 23, 1976

Opinion on whether pending business of the city being conducted under the guise of a social or other informal supper meeting not open to the public is a violation. .

Requested by Mr. Warren B. Clayton, Savannah Morning News, Beaufort.

Read full opinion.

March 23, 1976

Opinion on whether a city may donate land for a small chapel to be used for religious purposes and the cost of maintenance.

Requested by Mr. C. Walker Limehouse, Orangeburg City Attorney.

Read full opinion.

March 23, 1976

Opinion on whether a device called the “Paralyzer” is permitted to be sold in the State.

Requested by Mr. Willard B. McCall, Greenville.

Read full opinion.

 

March 23, 1976

Opinion on whether two or more adjoining lots may comprise a legal residence for purposes of residential classification for tax purposes.

Requested by Mr. Robert W. Ragin, Charleston County Tax Assessor.

Read full opinion.

March 22, 1976

Opinion on Act No. 283 of 1975, “home rule” legislation.

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

Read full opinion.

March 22, 1976

Opinion on non-profit corporations.

Requested by Mr. Richard A. Manger, Winston-Salem, North Carolina.

Read full opinion.

March 22, 1976

Opinion on Act No. 283 of 1975 “home rule” legislation regarding the Town of Lincolnville.

Requested by The Honorable Charles Ross, Mayor, Town of Lincolnville.

Read full opinion.

March 22, 1976

Opinion on whether it is necessary to record the liens provided by Section 59-615 and, if not, what are the rights of purchasers of property subject to such liens.

Requested by Steven W. Roming, Esquire.

Read full opinion.

March 19, 1976

Opinion on dual office holding (member of the board of directors of a rural electric cooperative and a member of the governing body of Horry County).

Requested by Mr. Henry G. McNeill, Fair Bluff.

Read full opinion.

March 19, 1976

Opinion on the constitutionality of Section 30–6 of the 1962 Code of Laws for South Carolina

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

Read full opinion.

March 19, 1976

Opinion on the procedure that candidates for membership on the new county council for Union County should follow.

Requested by The Honorable H. Keith Vanderford, Member, South Carolina House of Representatives.

Read full opinion.

March 19, 1976

Opinion on whether the North Charleston Public Service District has the legal right or obligation to recognize and/or bargain with a union.

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

Read full opinion.

March 19, 1976

Opinion on whether an Article of Agreement for Deed is considered a first mortgage lien on real estate.

Requested by Mr. Norman L. Boggs, President, Boggs Builders, Inc.

Read full opinion.

March 19, 1976

Opinion on office terms of Aiken County’s present governing body.

Requested by The Honorable Cleve Edmunds, Councilman, Aiken County.

Read full opinion.

March 18, 1976

Opinion on driver licenses.

Requested by Captain Gray Olive, 437 ABG/JA, Charleston Air Force Base.

Read full opinion.

March 17, 1976

Opinion on whether documentary stamps are required upon deeds to the City of Gaffney in connection with a slum clearance plan.

Requested by Attorney at Law, Gaffney.

Read full opinion.

March 17, 1976

Opinion on whether or not spouses who enter a voting booth together must both be registered voters (Section 5 of Act No. 301 of 1975 (59 Stat. 815 (1975)).

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

Read full opinion.

March 17, 1976

Opinion on Act No. 283 of 1975 “home rule” legislation relating to Aiken County.

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

Read full opinion.

March 17, 1976

Opinion on a proposed annexation to the Town of Cowpens.

Requested by Robert L. Stoddard, Esquire, Spartanburg.

Read full opinion.

March 17, 1976

Opinion on whether or not documentary stamps are required upon deeds to the City in connection with a slum clearance plan.

Requested by Jonathan Z. McKown, Esq., Attorney at Law.

Read full opinion.

March 17, 1976

Opinion on the “home rule” legislation (Section 47-56 of Act No. 283 of 1975).

Requested by E. Windell McCrackin, Esquire, Attorney at Law, Myrtle Beach.

Read full opinion.

March 17, 1976

Opinion on taxation on completed buildings when the manufacturing establishment is not complete because proper licenses have not been issued by other governmental regulatory authorities.

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

Read full opinion.

March 16, 1976

Opinion on the county clerk of court also serving in the position of acting probate judge (S.C. Code Ann. Section 15-408 (1962)).

Requested by Mr. Lee M. Thomas, Director, Office of Criminal Justice Programs.

Read full opinion.

March 16, 1976

Opinion on negotiable notes issued by the State Board of Education (Section 21-459 of the Code of Laws of South Carolina, 1962, as amended by Act 423, Acts of 1969).

Requested by Mr. H. C. Quarles, Director, Office of Textbooks, State Department of Education.

Read full opinion.

March 15, 1976

Opinion on whether or not the City of Anderson can combine two separate methods of election prescribed by Act No. 283 of 1975.

Requested by Richard Ruhle, Esquire, Anderson City Attorney.

Read full opinion.

March 15, 1976

Opinion on the form of municipal government for the City of Denmark.

Requested by David H. Crum, Esquire, Attorney at Law, Denmark.

Read full opinion.

March 15, 1976

Opinion on “home rule” bill.

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

Read full opinion.

March 15, 1976

Opinion concerning the construction of a community hospital in the Batesburg-Leesville area of Lexington County.

Requested by The Honorable Larry L. Koon, Member, South Carolina House of Representatives.

Read full opinion.

March 15, 1976

Opinion on the status of the law on the Masters and Referees in Colleton County.

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

Read full opinion.

 

March 15, 1976

Opinion on the legality of sending State Board Test Pool Examinations marked with the applicant’s name to the applicant’s former or present school.

Requested by Mrs. Ruth Q. Seigler, R.N., Executive Director, State Board of Nursing for South Carolina.

Read full opinion.

March 15, 1976

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

Requested by Ms. Jennifer D. Smith, President, League of Women Voters.

Read full opinion.

March 15, 1976

Opinion on the form of municipal government for the town of City View.

Requested by David B. Ward, Esquire, Attorney at Law, Greenville.

Read full opinion.

March 12, 1976

Opinion on whether or not a retail beer and wine permit issued to an individual pursuant to Section 4–211 of the Code terminate upon that individual’s death.

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

Read full opinion.

March 12, 1976

Opinion on whether a Deputy Coroner has the authority to hold an inquest.

Requested by Coroner, Greenville County.

Read full opinion.

March 12, 1976

Opinion on Section 21-459 of the Code of Laws of South Carolina, 1962, as amended by Act 423, Acts of 1969).

Requested by Mr. H. C. Quarles, Director, Office of Textbooks, State Department of Education.

Read full opinion.

March 12, 1976

Opinion on the definition of the word ‘dirk’, as used in Sections 16-145, 16-145.1 (1962 Code of Laws of South Carolina, as amended).

Requested by Chief J. O. Freeman, Airport Police Department, Columbia Metropolitan Airport.

Read full opinion.

March 11, 1976

Opinion on whether or not health services (particularly family planning) could be offered to minors under the age of sixteen (16) without parental consent.

Requested by Dee C. Breeden, M. D., M.P.H., South Carolina Department of Health and Environmental Control.

Read full opinion.

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

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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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