Archive for the ‘1976 Opinions’ Category

December 31, 1976

Opinion on the operation of vending stands by blind persons within public buildings (Sections 1-33 and 1 -34).

Requested by Mr. Henry F. Watts, Commissioner, South Carolina Commission for the Blind.

Read full opinion.

December 31, 1976

Opinion on Act 881, Acts of 1962 (annual license for a mobile home by the county).

Requested by The Honorable John C. Land, III, Member, South Carolina Senate.

Read full opinion.

December 30, 1976

Opinion on a 406 Form (county taxes to be paid before the issuance of motor vehicle license plates, Section 46-17.2, Code of Laws of South Carolina).

Requested by The Honorable Frank L. Roddey, Member, South Carolina Senate.

Read full opinion.

December 30, 1976

Opinion on the effective date of Act No. 283 “home rule” legislation.

Requested by Mr. Ed McElveen, Lee County Administrator.

Read full opinion.

December 29, 1976

Opinion on the duties of the legislative delectation under the provisions of Act No. 283 “home rule” legislation.

Requested by The Honorable Tom Turnipseed, William E. Knotts, and Nikki G. Setzler, Members, South Carolina Senate.

Read full opinion.

December 29, 1976

Opinion on teacher certification by private colleges.

Requested by Albert E. Wheless, Esquire, North Myrtle Beach.

Read full opinion.

December 29, 1976

Opinion on the status of the Regional Housing Authority No. 2.

Requested by Ms. Charlotte B. Fielder, Administrative Assistant, State Development Board.

Read full opinion.

December 29, 1976

Opinion on the authority of the Georgetown County Board of Education to give real property to the County of Georgetown (Section 21-38, Code of Laws of South Carolina, 1962)

Requested by Douglas L. Hinds, Esquire, Georgetown.

Read full opinion.

December 23, 1976

Opinion on the interpretation to be given to Veterans Administration Regulations Sections 21–4250 through 4254.

Requested by Dr. Marvin P. Busbee, Chief Supervisor, State Approving Section, Department of Education.

Read full opinion.

December 23, 1976

Opinion on abatement exemptions (property is partially or totally exempt from taxation).

Requested by The Deputy Comptroller.

Read full opinion.

December 23, 1976

Opinion on reelection of a town councilman.

Requested by Mr. Cole L. Strickland, Chairman, Calhoun Falls Election Commission.

Read full opinion.

December 22, 1976

Opinion on whether or not the Citadel can award a contract to a contractor doing renovations without going through the competitive bid process.

Requested by Mr. John McPherson, State Engineer.

Read full opinion.

December 22, 1976

Opinion on taxes.

Requested by The Tax Collector, County of Aiken.

Read full opinion.

December 22, 1976

Opinion on workmen’s compensation law.

Requested by Commissioner William D. Leeke, South Carolina Department of Corrections.

Read full opinion.

December 22, 1976

Opinion on real estate taxes (Sections 65-2703, 65-27561 et seq.).

Requested by Mr. W.H. Boylston, Jr., Tax Collector, County of Aiken.

Read full opinion.

December 21, 1976

Opinion on whether hospital pharmacists can sell beer, wine or alcoholic beverages to hospitalized patients.

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

Read full opinion.

December 17, 1976

Opinion on whether public funds may be invested for the capital improvement of the Old Exchange Building.

Requested by The Old Exchange Building Commission.

Read full opinion.

December 17, 1976

Opinion on who has authority to appoint employees in appointive offices (Section 47-62(l), Code of Laws of South Carolina, 1962 as amended).

Requested by Matthew Poliakoff, Esquire, Spartanburg.

Read full opinion.

December 17, 1976

Opinion on whether or not the rule on the use of machines and equipment approved by the South Carolina Chiropractic Examiners is still valid.

Requested by a Member, South Carolina Board of Chiropractic Examiners.

Read full opinion.

December 16, 1976

Opinion on eligibility of the I.S.L.A. Medical Services Corporation for coverage through the Retirement System.

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

Read full opinion.

December 16, 1976

Opinion on phrase “except as otherwise provided by law” relating to municipal ordinances (Section 47-62(1), Code of Laws of South Carolina, 1962, as amended).

Requested by The Honorable Guy S. Blakely, Sr., Mayor of Woodruff.

Read full opinion.

December 16, 1976

Opinion on whether or not the county treasurer needs a resolution or written authorization from the county council to expend funds for an item not included in the budget.

Requested by The Honorable Steve S. Kelly, Kershaw County Treasurer.

Read full opinion.

December 16, 1976

Opinion on the authority of the Department of Mental Health to regulate and license a facility for alcoholics which only offers The Word of God as its sole method of treatment.

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

Read full opinion.

December 16, 1976

Opinion on corporation taxes (Section 2(a) of Act 208 and Section 1 of Act 618 of 1975).

Requested by Director, Property Tax Division.

Read full opinion.

December 16, 1976

Opinion on corporation taxes (Section 2(a) of Act 208 and Section 1 of Act 618 of 1975).

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

Read full opinion.

December 16, 1976

Opinion on bond funds.

Requested by Mr. Robert L. Gunter, Assistant Director, Parks Recreation and Tourism.

Read full opinion.

December 16, 1976

Opinion on advertising contracts by out of state contractors.

Requested by Mr. F. Earl Ellis, Deputy Director, State Development Board.

Read full opinion.

December 15, 1976

Opinion on the Great Town Program relating to general obligation bonds.

Requested by the Community Preparation Coordinator, State Development Board.

Read full opinion.

December 15, 1976

Opinion on expense reimbursement for travel (Act No. 283 of 1975, home rule legislation; Section 14-3707, Code of Laws of South Carolina, 1962, as amended).

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

Read full opinion.

December 15, 1976

Opinion on authority of the Old Exchange Building Commission to invest public funds into the Old Exchange Building in Charleston (Article X, Section 6, South Carolina Constitution).

Requested by The Old Exchange Building Commission.

Read full opinion.

December 15, 1976

Opinion on the effective date of terms for members of the Richland County Council under the council-administrator form of government (Act No. 283 of 1975, the ‘home rule’ legislation).

Requested by John Roy Harper II, Esquire, Columbia.

Read full opinion.

December 15, 1976

Opinion on whether or not the county council has the authority to allocate office space with the Greenwood County Courthouse.

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

Read full opinion.

December 14, 1976

Opinion on a proposed bid on Croft State Park.

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

Read full opinion.

December 14, 1976

Opinion on whether or not a new manufacturing plant in the Town of Williston town is exempt from taxes imposed by the town.

Requested by The Honorable William E. Knotts, Jr., Member, South Carolina Senate.

Read full opinion.

December 14, 1976

Opinion on Regulation VI relating to subdivisions in Anderson, Oconee and Pickens County (South Carolina Code of Laws, 1962, as amended).

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

Read full opinion.

December 13, 1976

Opinion on enforcement of violations pertaining to Sections 15-1095.17(d), 15-1095.40 and 15-1095.41.

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

Read full opinion.

December 13, 1976

Opinion on the procedure for filling a vacancy in the Office of the Probate Judge during Senate recess.

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

Read full opinion.

December 13, 1976

Opinion on tax exemption abatement on properties.

Requested by Mr. Gerald W. Burnett, Deputy Comptroller General.

Read full opinion.

December 13, 1976

Opinion on the procedure for the Orangeburg County’s form of county government to shift to the “home rule” form of government.

Requested by J.C. Nicholson, Jr., Esquire, Attorney for Orangeburg County.

Read full opinion.

December 13, 1976

Opinion on procedure for non-licensed residential home builders to apply for building permits in counties and municipalities.

Requested by Mr. John T. Watkins, Director, S.C. Residential Home Builders Commission.

Read full opinion.

December 13, 1976

Opinion on who has authority to appoint the Master or Special Referee in Edgefield County (S.C. Code Annot., Section 15-1802 and S.C. Code Annot. 10-1401 et seq.).

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

Read full opinion.

December 8, 1976

Opinion on dual office holding (member of Lexington County School District No. 3 Bd. Of Trustees and assistant principal of a high school in Lexington School District No. 1).

Requested by Superintendent, Batesburg-Leesville School System, Lexington County School District Number 3.

Read full opinion.

December 8, 1976

Opinion whether a local school district must publicly advertise for construction bids on a school district administration building financed by state funds.

Requested by Deputy Superintendent, Division of Finance and Operations, South Carolina State Department of Education.

Read full opinion.

December 8, 1976

Opinion on school district fund investment and whether interest earned on the funds is credited to the school’s account or to the county’s general account (Section 65-2014).

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

Read full opinion.

December 7, 1976

Opinion on negligence or contributory negligence of the driver of an emergency vehicle.

Requested by T.H. Rawl, Jr., Esquire, Attorney for Lexington County.

Read full opinion.

December 7, 1976

Opinion on the provisions of Sections 59-171 et seq., Code of Laws of South Carolina, 1962, as amended (a municipality can provide municipal public works).

Requested by David B. Ward, Attorney for City View.

Read full opinion.

December 6, 1976

Opinion on whether or not the S.C. Senate is a continuing body as that term is used in Rule 1 of the Senate.

Requested by The Honorable Brantley Harvey, Lieutenant Governor and President of the Senate.

Read full opinion.

December 6, 1976

Opinion on the validity of an ordinance on the operation of bingo games under certain circumstances.

Requested by The Honorable Arthur B. Vereen, Mayor Pro Tem, City of Myrtle Beach.

Read full opinion.

December 6, 1976

Opinion on the legality of the provision in Section 108 of the 1976 General Appropriation Act (fees collected by the Board of Social Worker Registration deposited into the State General Fund).

Requested by Mr. James O. Womack, Chairman, Board of Social Worker Registration.

Read full opinion.

December 6, 1976

Opinion on whether or not the Florence County Legislative Delegation can introduce and enact local legislation amending the Act which created the Florence County Fire District and certain subdistricts.

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

Read full opinion.

December 3, 1976

Opinion on the S.C. Teacher’s Employment and Dismissal Act relating to a school district superintendent also employed as a teacher (Sections 21-361 through 21-370.3, Code of Laws of South Carolina, 1962 as amended).

Requested by Mr. James P. Britton, Chairman, Sumter County Board of Education.

Read full opinion.

December 3, 1976

Opinion on whether the Anderson County Water and Sewer Authority is an ‘employer’ within the meaning of South Carolina Code of Laws, Section 61-1(5).

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

Read full opinion.

December 3, 1976

Opinion on whether the Broad Creek Public Service District is an ‘employer’ within the meaning of South Carolina Code of Laws, Section 61-1(5).

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

Read full opinion.

December 3, 1976

Opinion on voting rights of hold over members of the Lexington County Council (Act No. 283 of 1975; Sections 14-3701(e) and 14-3717(3)(a)).

Requested by T.H. Rawl, Jr., Esquire, Lexington County Attorney.

Read full opinion.

December 3, 1976

Opinion on who has the authority to make appointments to the Sumter County Board of Education.

Requested by The Honorable John E. Miles, Member, South Carolina Senate.

Read full opinion.

December 1, 1976

Opinion on who has the authority to set salaries for new council members (Section 14-3707, Code of Laws of South Carolina, 1962, as amended).

Requested by Mr. Julius W. McKay, Vice-Chairman, Richland County Council.

Read full opinion.

December 1, 1976

Opinion on expense reimbursements of magistrates in Aiken County.

Requested by W.M. Sloan, Esquire, Attorney for Aiken County.

Read full opinion.

November 29, 1976

Opinion on whether the county has the right to proceeds of personal property sold by the delinquent taxpayer on which taxes have not been paid.

Requested by the Honorable W.O. Thomas, Jr., Charleston County Treasurer.

Read full opinion.

November 29, 1976

Opinion on dual office holding (serves as member of the old Exchange building Commission and as a member of the Governor’s Beautification and Community Improvement Board).

Requested by Mrs. Olin K. Burgdorf, Member, Old Exchange Building Commission.

Read full opinion.

November 29, 1976

Opinion on whether the county has the right to proceeds of personal property sold by the delinquent taxpayer on which taxes have not been paid.

Requested by the Charleston County Treasurer.

Read full opinion.

November 29, 1976

Opinion on proposed legislation on 70-45.5 (income tax).

Requested by Director, Income Tax Division, SC Tax Commission.

Read full opinion.

November 29, 1976

Opinion on whether Section 16-129.1(8) authorizes an individual to carry a pistol at his place of employment.

Requested by the Solicitor, Sixteenth Judicial Circuit.

Read full opinion.

November 29, 1976

Opinion on the right to work law.

Requested by The Honorable Kay Patterson, Member, South Carolina House of Representatives.

Read full opinion.

November 29, 1976

Opinion on proposed legislation (70-45.5) concerning allowable deduction of a contribution under Section 65-259(14).

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

Read full opinion.

November 24, 1976

Opinion on the Freedom of Information Act (salary information on public employees).

Requested by Mr. David C. Stradinger, City Manager, City of Myrtle Beach.

Read full opinion.

November 26, 1976

Opinion on booking procedures of individuals arrested and committed to custody of a regional corrections center (83 A.L.R. 127; 6A C.J.S. Arrest Section 62).

Requested by Mr. George A. Canady, Director, Orangeburg—Calhoun Regional Corrections Center.

Read full opinion.

November 26, 1976

Opinion on parole eligibility (Sections 16-333 and 55-611).

Requested by the Deputy Director, South Carolina Probation, Parole and Pardon Board.

Read full opinion.

November 26, 1976

Opinion on expense reimbursements by attorneys employed in the clinical programs at the law school under the Defense of Indigents Act.

Requested by Harry J. Haynsworth, Esquire, Acting Dean, School of Law, University of South Carolina.

Read full opinion.

November 26, 1976

Opinion on the effects of the amendment to Section 16-333, Code of Laws of South Carolina, 1962 will have on Section 55-611 (setting out punishment for robbery while armed with a deadly weapon).

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

Read full opinion.

November 24, 1976

Opinion on whether the County of Florence can provide for an additional magistrate to serve on nights, weekends and holidays.

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

Read full opinion.

November 24, 1976

Opinion on legality of the City of Hanahan requiring a bid bond and in disqualifying a party refusing to furnish such bond.

Requested by Attorney at Law, City of Hanahan.

Red full opinion.

November 24, 1976

Opinion on minors’ consent for health services (Chapter 2, Article 1.1, Title 32 of the 1962 Code of Laws of South Carolina, as amended).

Requested by Dr. William Weston, III, Pediatric Nurse Practitioner Program.

Read full opinion.

November 24, 1976

Opinion on which public agency is authorized to conduct an audit of the county alcohol and drug abuse commissions.

Requested by Mr. Harold E. Trask, Jr., Office of the Governor, South Carolina.

Read full opinion.

November 24, 1976

Opinion on the Charleston County Board of Health.

Requested by Mr. John E. Huguley, Chairman, Long-Range Planning Committee, Trident Chamber of Commerce.

Read full opinion.

November 24, 1976

Opinion on the average daily attendance (ADA) formula used by local districts for the allocation of State funds to pay teachers’ salaries.

Requested by The Honorable Brantley W. Harvey, Jr., Lieutenant Governor of South Carolina.

Read full opinion.

November 23, 1976

Opinion on the maintenance of roads and highways in Union County.

Requested by O. Eugene Powell, Jr., Esquire, Attorney for Union County.

Read full opinion.

November 23, 1976

Opinion on the provisions of Section 14-3715, Code of Laws of South Carolina, 1962, as amended.

Requested by Peter D. Hyman, Esquire, Attorney for Florence County.

Read full opinion.

November 22, 1976

Opinion on Estate Tax Fees under the Judicial Reform Act (Article V, Section 6, of Act No. 690 of 1976, 59 Stat. 1859).

Requested by Probate Judge, Darlington County.

Read full opinion.

November 22, 1976

Opinion on whether the Residential Home Builders Commission can promulgate a regulation requiring municipal/county building officials to report non-licensed residential home builders who apply for building permits.

Requested by Mr. John T. Watkins, Director, S.C. Residential Home Builders Commission.

Read full opinion.

November 22, 1976

Opinion on whether the procedure for regulating prescribing and dispensing of drugs in the Title XIX (Medicaid) program in South Carolina is valid.

Requested by Mr. Horace M. Kaiser, Pharmacy Consultant, SCDSS.

Read full opinion.

November 19, 1976

Opinion on the General Services’ Bid Notice and Instruction to Bidders relating to EPA gas mileage.

Requested by Mr. James H. Barnes, State Purchasing Officer.

Read full opinion.

November 19, 1976

Opinion on the filing procedure for arrest and booking records.

Requested by Lt. James S. Minor, Records & Communications, Charleston County Police Department.

Read full opinion.

November 18, 1976

Opinion on whether or not Hampton County can approve the transfer of a hospitalized county prisoner to an out-of-state facility.

Requested by Mr. E.E. Johnson, Hampton County Administrator.

Read full opinion.

November 17, 1976

Opinion on the disposal of industrial waste.

Requested by Cherokee County Attorney.

Read full opinion.

November 17, 1976

Opinion on dual office holding (member of the Old Exchange Building Commission and member of the Governor’s Beautification and Community Improvement Board).

Requested by Member, Old Exchange Building Commission.

Read full opinion.

November 16, 1976

Opinion on the 1976 Legislative Act 3895.

Requested by Ralph K. Anderson, Jr., Esquire, Yarborough, Parrott & Anderson.

Read full opinion.

November 16, 1976

Opinion on authority of Marion County Legislative Delegation to appoint members to various boards and commissions.

Requested by The Honorable J. Ralph Gasque, Member, South Carolina Senate.

Read full opinion.

November 16, 1976

Opinion on whether a family court judge has the authority to issue warrants for arrest (Sections 15-1095.24(b), -1095.30, -1095.31, -1095.41, and -1095.45; 15-1727; 53-197; 17-251 thru 253; 4-413).

Requested by The Honorable R.A. Stephenson, Sheriff.

Read full opinion.

November 15, 1976

Opinion on retirement credit for periods of service with the U.S. Public Health Service (Section 61-76, 1962 Code of Laws of South Carolina).

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

Read full opinion.

November 15, 1976

Opinion concerning the audit of the Title XIX Program of the department of Social Services (Medicaid).

Requested by Mr. George L. Schroeder, Executive Director, Legislative Audit Council.

Read full opinion.

November 12, 1976

Opinion on highway patrolman issuing arrest warrants pertaining to the offense of disorderly conduct (S.C. Code Annot. Section 46-871).

Requested by James M. Morris, Esquire, Attorney at Law.

Read full opinion.

November 12, 1976

Opinion on whether or not a municipality is authorized by the provisions of Act No. 283 of 1975, the ‘home rule’ legislation, to grant an exclusive franchise to a water company.

Requested by Hubbard W. McDonald, Jr., Esquire, Tatum City Attorney.

Read full opinion.

November 10, 1976

Opinion on the status of Midlands Human Resources Development Commission.

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

Read full opinion.

November 9, 1976

Opinion on the whether a “living will” in South Carolina is valid. .

Requested by D. Strother Pope, M.D., Columbia.

Read full opinion.

November 9, 1976

Opinion on the legal status for Laurens County Mental Retardation Board.

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

Read full opinion.

November 9, 1976

Opinion on legal status for Columbia Museum of Art Commission and the Columbia Art Commission.

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

Read full opinion.

November 8, 1976

Opinion on the proper amount of fees paid to a master when the mortgagee buys in the property after a mortgage foreclosure.

Requested by W.H. Nicholson, Jr., Esquire, Nicholson & Nicholson.

Read full opinion.

November 5, 1976

Opinion on whether a by-law of a non-profit corporation permitting members to vote by proxy is valid.

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

Read full opinion.

November 5, 1976

Opinion on dual office holding (Project Director, S.C. Dept. of Labor Div. of Migrant Labor and a member of the South Carolina Migrant Farm Workers Commission).

Requested by Mrs. Suzette C. Bailey, Project Director, Division of Migrant Labor, S.C. Department of Labor.

Read full opinion.

November 4, 1976

Opinion on the legalities of playing bingo at a senior citizens center.

Requested by Ms. Geraldine M. Coyle, Director, Senior Citizens Center, West Columbia.

Read full opinion.

November 4, 1976

Opinion on whether a judge should dismiss a case where the judge was unavoidably late to court.

Requested by The Honorable J.M. Wallace, Magistrate, Manning District.

Read full opinion.

November 4, 1976

Opinion on whether the Freedom of Information Act allows a public agency to set up standards under which public records may be examined by the public.

Requested by Mr. Henry W. Smith, Jr., Director of Public Relations, South Carolina Department of Agriculture.

Read full opinion.

November 4, 1976

Opinion on whether Clark’s Hill Authority has the power to dispose of lands within the Clark’s Hill Project Area.

Requested by O. Lee Sturkey, Esquire.

Read full opinion.

November 3, 1976

Opinion on whether or not a veteran who is eligible to receive a 1977 ‘V’ vehicle license tax is exempt from paying county ad valorem taxes for 1976 (Act No. 562 of the 1976 General Assembly).

Requested by the Director, Department of Veterans Affairs.

Read ful opinion.

November 3, 1976

Opinion on whether there is a prohibition to occupy space in the present building of your law firm when there is no space at the solicitor’s quarters.

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

Read full opinion.

November 3, 1976

Opinion on issuing without charge license tags to certain disabled veterans (Act No. 562 of the 1976 General Assembly).

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

Read full opinion.

November 1, 1976

Opinion on the Freedom of Information Act (study within the Sumter County School Districts on alcohol and drug abuse among students is subject to public inspection).

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

Read full opinion.

October 29, 1976

Opinion on whether an overtaking motorist has the lawful right to exceed the maximum speed limit in order to pass a slower vehicle.

Requested by Magistrate, Florence County.

Read full opinion.

October 28, 1976

Opinion on whether the State Board of Education is an “agency” within the meaning of Section 1(1) of Act R 790 of 1976..

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

Read full opinion.

October 28, 1976

Opinion on whether the clerk of court has authority to issue marriage licenses.

Requested by D. Kenneth Baker, Esquire, Attorney for Darlington County.

Read full opinion.

October 28, 1976

Opinion on whether a town’s annual budget must be audited by a certified public accountant (Act No. 283 of 1975, Home Rule legislation).

Requested by The Honorable John S. Garvin, Mayor, Town of Hollywood.

Read full opinion.

October 27, 1976

Opinion on construction law (Section 13 of Act No. 897 of 1974).

Requested by Mr. John T. Watkins, Director, South Carolina Residential Home Builders Commission.

Read full opinion.

October 26, 1976

Opinion on crime of moral turpitude (Article VI, Section 23 of the South Carolina Constitution).

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

Read full opinion.

October 26, 1976

Opinion on South Carolina Code Section 17-4 (destruction of records).

Requested by Thomas D. Wyatt, Jr., R.Ph., Chief, Bureau of Narcotic and Drug Control, South Carolina Department of Health and Environmental Control.

Read full opinion.

October 26, 1976

Opinion on whether the Columbia Museum of Art Commission can participate in the South Carolina Retirement System.

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

Read full opinion.

October 26, 1976

Opinion on whether the Anderson Youth Association can participate in the South Carolina Retirement System.

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

Read full opinion.

October 25, 1976

Opinion on the meaning of a portion of Section 32–31 of the South Carolina Code.

Requested by Malcolm U. Dantzler, M.D., M.P.H., Deputy Commissioner for Medical Care and Health Regulations.

Read full opinion.

October 25, 1976

Opinion on authority of the Governor to fill a vacancy on the Ports Authority by an interim appointment until the Senate meets to confirm the appointment.

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

Read full opinion.

October 25, 1976

Opinion on a proposed municipal ordinance relating to possession of drugs (marijuana).

Requested by Col. J.L. Altman, Jr., Chief of Police, Beaufort.

Read full opinion.

October 22, 1976

Opinion on capital stock transfer between two merged corporations (Chapter 10 of Title 65).

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

Read full opinion.

October 22, 1976

Opinion on whether or not a city council member other than a mayor or mayor pro tempore can serve as municipal judge during his term of office as a councilman.

Requested by Robert L. Stoddard, Esquire, Spartanburg.

Read full opinion.

October 21, 1976

Opinion on American Pharmaceutical Association v. Weinberger (USDC) relating to S.C. Code Sections 32-1510.83 and -84.

Requested by Mr. William L. Belvin, Jr., South Carolina Council for Control of Methadone Programs.

Read full opinion.

October 21, 1976

Opinion on Act 208.

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

Read full opinion.

October 20, 1976

Opinion on Paragraph 6.H dispensing of drugs and filing of claims for payment under Title IX Medicaid Program).

Requested by Mr. John C. Wilkie, Jr., Executive Secretary, State Board of Pharmaceutical Examiners.

Read full opinion.

October 20, 1976

Opinion on Act No. R 817.

Requested by The Honorable William E. Berne, District Highway Commissioner.

Read full opinion.

October 20, 1976

Opinion on Greenville County Magistrates’ salaries.

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

Read full opinion.

October 19, 1976

Opinion on taxes relating to the Holly Springs Fire District (Act bearing Ratification No. 635 of 1976; Article I, Section 7, South Carolina Constitution).

Requested by The Honorable J.C. Duncan, Member, South Carolina House of Representatives.

Read full opinion.

October 19, 1976

Opinion on collecting unpaid unemployment compensation taxes (rule to show cause procedure).

Requested by Robert G. Horine, General Counsel, South Carolina Employment Security Commission.

Read full opinion.

October 18, 1976

Opinion on whether or not the Greenville County Council can create bird sanctuaries by ordinance.

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

Read full opinion.

October 18, 1976

Opinion on contributions by counties to help defray expenses of Circuit Judges (Article 5, Section 12; Section 129, 1976-77 State Appropriations Act).

Requested by The Honorable L.P. Booth, Chairman, Sumter County Council.

Read full opinion.

October 18, 1976

Opinion on the terms of office of the present members of the Goose Creek City Council as well as the Mayor.

Requested by H.N. West, Esquire, Attorney at Law, Moncks Corner.

Read full opinion.

October 18, 1976

Opinion on whether or not the present Board of Adjustment for the City of Goose Creek is validly constituted.

Requested by H.N. West, Esquire, Attorney at Law, Moncks Corner.

Read full opinion.

October 18, 1976

Opinion on whether the Greenville County Council can establish terms of office for its members (Act No. 283 of 1975).

Requested by Glenn S. Baldwin, Assistant Greenville County Attorney.

Read full opinion.

October 18, 1976

Opinion on whether the Budget and Control Board has authority to reduce appropriations in the absence of a deficit (Section 134, 1976-77 Appropriations Act).

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

Read full opinion.

October 18, 1976

Opinion on the proviso on page 70 of the 1976-77 Appropriations Bill.

Requested by William T. Putnam, State Auditor.

Read full opinion.

October 18, 1976

Opinion on the meaning of the word “school” as used in Section 4-33.1 of the Code of Laws of South Carolina, 1962.

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

Read full opinion.

October 15, 1976

Opinion on whether or not the Town of St. Stephen can hire a public accountant to audit its books.

Requested by Mrs. Janie L. Hood, Town Clerk, Town of St. Stephen.

Read full opinion.

October 15, 1976

Opinion on whether the Dorchester County Council can put into operation time clocks in the Dorchester County Courthouse for keeping time records on all employees paid by the County.

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

Read full opinion.

October 15, 1976

Opinion on proposed Town of McCormick ordinance (Section 47-37, Code of Laws of South Carolina, 1962).

Requested by O. Lee Sturkey, McCormick Town Attorney.

Read full opinion.

October 15, 1976

Opinion on whether the Florence County Council has the authority to enact an ordinance establishing special magistrates for purposes of setting bond, issuing criminal warrants, etc.

Requested by Peter D. Hyman, Esquire, Attorney for Florence County.

Read full opinion.

October 14, 1976

Opinion on dual office holding (town councilman and member of a local mental retardation board).

Requested by Attorney for Georgetown County.

Read full opinion.

October 14, 1976

Opinion on court jurisdiction (federal or state) relating to custody of an abused or neglected child residing on Fort Jackson property (1962 South Carolina Code, amendments thereto, Sections 20-310.2; 31-51, et seq.; and 71-251).

Requested by Michael L. Rudasill, Cpt. JAGC, Chief, Legal Assistance, Fort Jackson.

Read full opinion.

October 14, 1976

Opinion on whether or not the Governor has authority to designate or appoint persons to accounting positions relating to the normal operation of the Department of Agriculture.

Requested by The Honorable Earle Morris, Comptroller General, State of South Carolina.

Read full opinion.

October 14, 1976

Opinion on dual office holding (town councilman and member of a local mental health retardation board).

Requested by Thomas H. Barr, Esquire.

Read full opinion.

October 14, 1976

Opinion on due process rights of terminated employees.

Requested by Carl L. Holloway, Esquire, Columbia City Attorney.

Read full opinion.

October 13, 1976

Opinion on proposed ordinance (#7– 6 /77) establishing the Florence County Ambulance Service Commission to provide ambulance service in Florence County.

Requested by Peter D. Hyman, Esquire, Attorney for Florence County.

Read full opinion.

October 13, 1976

Opinion on driver’s licenses (Section 4-29.5, Code of Laws of South Carolina, 1962 as amended; Section 1, subsection 10.5 of Act 1063 of 1972).

Requested by Director, South Carolina Alcoholic Beverage Control Commission.

Read full opinion.

October 13, 1976

Opinion on what action the Office of the Secretary of State should take on charters of towns and municipalities which have failed to comply with Act No. 283 of 1975, the ‘home rule’ legislation.

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

Read full opinion.

October 13, 1976

Opinion on whether the last sentence of Section 4-29.5 of the amended Code repeals the last sentence of Section 4-32 of the Code.

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

Read full opinion.

October 13, 1976

Opinion on whether or not the Florence County Council can enact an ordinance regulating the provision of water and sewer services within Florence County.

Requested by Peter D. Hyman, Esquire, Attorney for Florence County.

Read full opinion.

October 12, 1976

Opinion on a proposed city ordinance placing limitations on clear cutting of land for development.

Requested by Mr. Henry W. Cheney, Chairman, Clemson Planning Commission.

Read full opinion.

October 12, 1976

Opinion on the Barrier Free statute (Sections 1-491, et seq., 1962 Code of Laws).

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

Read full opinion.

October 11, 1976

Opinion on whether the disposition and/or amount of civil fees received by magistrates can be altered (Article VII, Section 4 of Act No. 690 of 1976).

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

Read full opinion.

October 11, 1976

Opinion on whether the Railroad Retirement Board has authority to classify a person as totally and permanently disabled for purposes of the Homestead Exemption (Section 65-1522.1).

Requested by Mr. L.R. Waddell, Florence County Auditor.

Read full opinion.

October 11, 1976

Opinion on property taxes notices (Section 65-1962).

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

Read full opinion.

October 11, 1976

Opinion on dual office holding (positions of magistrate and county board of education member).

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

Read full opinion.

October 11, 1976

Opinion on whether or not the municipal council of City View has the authority to abolish the City View Public Works Commission.

Requested by David B. Ward, Esquire, City View Attorney.

Read full opinion.

October 11, 1976

Opinion on constitutionality of a community committee to view, rate and/or censor movies shown in City of Union.

Requested by Mike S. Jolley, Attorney for City of Union.

Read full opinion.

October 8, 1976

Opinion on constitutionality of a community committee to view, rate and/or censor movies shown in City of Union.

Requested by Mike S. Jolley, Attorney for City of Union.

Read full opinion.

October 7, 1976

Opinion on the Public School Employees Sick Leave Act.

Requested by Francis Mood, Attorney for Richland Scholl District No. 1.

Read full opinion.

October 7, 1976

Opinion on whether a certified public accountant can audit a municipality for more than four consecutive years.

Requested by The Honorable Lawrence E. Rearden, Mayor, Town of Edgefield.

Read full opinion.

October 7, 1976

Opinion on the “Good Samaritan Law” (S.C. Code Annot. Section 46-803 (1962 (Cum. Supp.)).

Requested by Mr. Thomas P. Culclasure, Attorney at Law, St. Matthews.

Read full opinion.

October 7, 1976

Opinion on coroner’s or police authority in violent death investigation (Section 17-91, 1962 Code of Laws of South Carolina as amended).

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

Read full opinion.

October 6, 1976

Opinion on paid military leave (Section 44-861).

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

Read full opinion.

October 6, 1976

Opinion on the boundary line between Fairfield and Chester Counties.

Requested by Mr. M.D. Douglas, Douglas & Douglas, Winnsboro.

Read full opinion.

October 5, 1976

Opinion on using NTE scores for certification.

Requested by Mr. Charlie G. Williams, Deputy State Superintendent of Education.

Read full opinion.

October 5, 1976

Opinion on whether or not state officers elected on a state-wide basis, are subject to the sick leave statute.

Requested by The Honorable Ralph Magoffin, Deputy Commissioner, South Carolina Department of Agriculture.

Read full opinion.

October 5, 1976

Opinion on whether the Freedom of Information Act encompasses the Greenwood County Hospital Board (Section 1-20 et seq., Code of Laws of South Carolina, 1962, as amended).

Requested by Mr. Charles Traynor Ferillo, Jr., Executive Director, Research and Personnel, South Carolina House of Representatives.

Read full opinion.

October 4, 1976

Opinion on investment of funds by the State Treasurer (Section 1-742.1, 1962 South Carolina Code of Laws).

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

Read full opinion.

October 4, 1976

Opinion on when the home rule provision takes effect for City of Gaffney.

Requested by A. Ray Godshall, Attorney for City of Gaffney.

Read full opinion.

October 4, 1976

Opinion on whether shares of a professional association organized pursuant to South Carolina Code of Laws Section 56–1601 et seq. (Cum. Supp. 1975), may be issued to an Employee’s Stock Ownership Plan.

Requested by Frank Thornton, Secretary of State of South Carolina.

Read full opinion.

October 4, 1976

Opinion on interpretation of Acts R 892 and R 893 (amending Section 37-309 of the 1962 Code of Laws of South Carolina).

Requested by Mr. Kelley Jones, Legal Counsel, S.C. Department of Insurance.

Read full opinion.

October 1, 1976

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

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

Read full opinion.

October 1, 1976

Opinion on release of group statistical summaries or files by the Children’s Bureau (Section 10-2587.14, Code of Laws of South Carolina).

Requested by Mrs. Josephine A. Cannon, Executive Director, Children’s Bureau of South Carolina.

Read full opinion.

October 1, 1976

Opinion on election ballot for Berkeley County.

Requested by R. Markley Dennis, Esquire, Attorney for Berkeley County.

Read full opinion.

October 1, 1976

Opinion on proposed contract between State Housing Authority and an architectural firm.

Requested by Mr. L. Steve Mayfield, Executive Director, South Carolina State Housing Authority.

Read full opinion.

October 1, 1976

Opinion on whether or not a county governing body, after adopting a budget by ordinance, has to take any further action by ordinance in order to disburse funds.

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

Read full opinion.

October 1, 1976

Opinion on eligibility to file as a write-in candidate for election.

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

Read full opinion.

September 30, 1976

Opinion on driving under the influence (Section 46-343, 1962 Code of Laws).

Requested by The Honorable James G. Roof, Magistrate District #1.

Read full opinion.

September 29, 1976

Opinion on the Uniform Bail and recognizance Act (Section 15-901, 1962 Code of Laws).

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

Read full opinion.

September 29, 1976

Opinion on disorderly or boisterous conduct (Section 16-558, 1962 Code of Laws).

Requested by Mr. Willard King, Westminster.

Read full opinion.

September 29, 1976

Opinion on whether school trustees may purchase lands for road right-of-way to a school building (Sections 21-232, 21-230(1), Code of Laws of South Carolina).

Requested by James A. Bell, Esquire, School Board Attorney.

Read full opinion.

September 28, 1976

Opinion on dual office holding (member of Commission of Higher Education and member of board of trustees of a school district).

Requested by The Honorable Wanda L. Forbes, Member, Commission on Higher Education.

Read full opinion.

September 28, 1976

Opinion on whether or not the State Board of Examiners in Psychology must deposit its revenues and other funds with the State Treasurer pursuant to the provisions of the 1976-77 General Appropriations Act.

Requested by Dr. James A. Keith, State Board of Examiners in Psychology, Medical University of South Carolina.

Read full opinion.

September 28, 1976

Opinion on whether Section 17-18 of the Easley City Code violates the United States Constitution.

Requested by A.D. Orander, Jr., City Attorney of Easley.

Read full opinion.

September 27, 1976

Opinion on whether or not the Town Council of Manning can abolish by municipal ordinance the Town of Manning Water Commission (Section 59–171, 1962 Code of Laws).

Requested by W.C. Coffey, Jr., City Attorney of Manning.

Read full opinion.

September 27, 1976

Opinion on whether or not membership on the Bamberg County Board of Education can be changed from an appointive to an elective position by means of a joint resolution.

Requested by The Honorable W.D. Rhoad, Member, South Carolina House of Representatives.

Read full opinion.

September 27, 1976

Opinion on elections.

Requested by The Honorable Peden B. McLeod, Member, South Carolina House of Representatives.

Read full opinion.

September 27, 1976

Opinion on the boundaries of the Town of Wellford.

Requested by The Honorable Hubert E. Odom, Mayor, Town of Wellford.

Read full opinion.

September 27, 1976

Opinion on whether the general election ballot for Berkeley County should provide for balloting on the offices of Auditor and Treasurer.

Requested by R. Markley Dennis, Attorney for Berkeley County.

Read full opinion.

September 24, 1976

Opinion on voting machines.

Requested by Joseph S. Mendelsohn, Esquire, Secretary, Commissioners of Elections for Charleston County.

Read full opinion.

September 24, 1976

Opinion on dual office holding (mayor and serve as presidential elector).

Requested by Mr. Wayne Adams, Acting Executive Director, South Carolina Republican Party.

Read full opinion.

September 24, 1976

Opinion on whether the Board of Chiropractic Examiners has power to accredit chiropractic colleges (Section 56-534, Code of Laws).

Requested by Ray R. Kearns, D.C., President, Board of Chiropractic Examiners.

Read full opinion.

September 24, 1976

Opinion on whether a minor can be tried for driving under the influence (Sections 15-1095 et seq; Section 43-68; 1962 Code of Laws of South Carolina, as amended).

Requested by Captain J.C. Pace, South Carolina Highway Patrol.

Read full opinion.

September 23, 1976

Opinion on whether the Sumter County governing body is empowered to redefine the territorial jurisdiction of magistrates (Art. VIII, § 7, of the State Constitution).

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

Read full opinion.

September 23, 1976

Opinion on Sections 33–172, Code of Laws of South Carolina (1962) or Section 33–173, Code of Laws of South Carolina (1975 Cum. Supp.).

Requested by The Honorable Clyde M. Dangerfield, Member, South Carolina House of Representatives.

Read full opinion.

September 22, 1976

Opinion on taxes.

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

Read full opinion.

September 21, 1976

Opinion on whether elected or appointed officials (U.S. Senators, the Governor, Commission officers, etc.) serve as presidential electors.

Requested by Mr. Wayne Adams, Acting Executive Director, South Carolina Republican Party.

Read full opinion.

September 21, 1976

Opinion on 1976 Act R766.

Requested by Mr. Howard R. Boozer, Executive Director, S.C. Commission on Higher Education.

Read full opinion.

September 21, 1976

Opinion on whether Bamberg County can alter the applicable supply act for budgetary needs of the county during the present fiscal year.

Requested by The Honorable W.D. Rhoad, Member, South Carolina House of Representatives.

Read full opinion.

September 20, 1976

Opinion on whether a utility department of the City of Union is subject to the provisions of the Unclaimed Property Act (Section 57-240.1 et seq.

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

Read full opinion.

September 20, 1976

Opinion on special elections for the purposes of certifying candidates for the November general election.

Requested by Arthur S. Bahnmuller, Esquire, Sumter.

Read full opinion.

September 20, 1976

Opinion on award of contract through competitive bidding and whether it be awarded to a South Carolina organization.

Requested by Julian S. Levin, Counsel, Beaufort County Board of Education.

Read full opinion.

September 20, 1976

Opinion on employer contributions for non-member service.

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

Read full opinion.

September 20, 1976

Opinion on the Greenville Transit Authority.

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

Read full opinion.

September 20, 1976

Opinion on Chester County Commission on Alcohol and Drug Abuse.

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

Read full opinion.

September 20, 1976

Opinion on whether the Charleston City Police have the authority to issue parking summons for violations of Veterans Administration regulations.

Requested by H.G. Patton, District Counsel, Veterans’ Administration.

Read full opinion.

September 20, 1976

Opinion on the Chester County Hospital.

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

Read full opinion.

September 20, 1976

Opinion on the State Superintendent of Education’s authority for payment of teachers’ salaries by State aid funds.

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

Read full opinion.

September 20, 1976

Opinion on Duncan Chapel Fire District.

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

Read full opinion.

September 20, 1976

Opinion on Pee Dee Regional Transportation Authority.

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

Read full opinion.

September 17, 1976

Opinion on primary elections.

Requested by Mr. Donald L. Fowler, Chairman, Democratic Party of South Carolina.

Read full opinion.

September 17, 1976

Opinion on the City of Anderson’s purchase of school district property.

Requested by Mr. J.C. Huggins, Project Developer, S.C. Department of Parks, Recreation and Tourism.

Read full opinion.

September 17, 1976

Opinion on name on ballot (Section 23-400.12(C), South Carolina Code of Laws, 1962, as amended)).

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

Read full opinion.

September 16, 1976

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

Requested by The Honorable Solomon Blatt, Speaker.

Read full opinion.

September 16, 1976

Opinion on service terms for probate judges (Section 15-407, South Carolina code of Laws, 1962, as amended).

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

Read full opinion.

September 16, 1976

Opinion on boundary lines between counties.

Requested by Mr. Ray Falkenberry, Chairman, Kershaw-Lancaster County B0oundary Line Commissioners.

Read full opinion.

September 16, 1976

Opinion on whether employees of the South Carolina Bar are covered by the State Workmen’s Compensation Fund.

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

Read full opinion.

September 16, 1976

Opinion on whether the Aeronautics Commission has authority to transfer clear title on an aircraft (Section 67–4 of CAP manual of the National Headquarters of the Civil Air Patrol).

Requested by Mr. John W. Hamilton, Director, S.C. Aeronautics Commission.

Read full opinion.

September 16, 1976

Opinion on the Retirement System (Section 61-2 of the South Carolina Code of Laws, 1962).

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

Read full opinion.

September 16, 1976

Opinion on drug dispersion in certain public health programs (Act No. 287).

Requested by Mr. John C. Wilkie, Jr., Executive Secretary, South Carolina Pharmacy Board.

Read full opinion.

September 16, 1976

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

Requested by Mr. Martin Vaigneur, Jasper County Supervisor.

Read full opinion.

September 15, 1976

Opinion on definition of “self-supporting” with respect to lowering the age of majority to 18 (Act No. 15).

Requested by Mr. Alvin Chambers, Group Supervisor, Internal Revenue Service.

Read full opinion.

September 15, 1976

Opinion on the operation of family entertainment center on Sundays.

Requested by William H. Gibbs, Esquire, Columbia.

Read full opinion.

September 15, 1976

Opinion on appointments and duties of a master or a special referee (Sections 10-1416 and 27-53, South Carolina Code of Laws).

Requested by Mr. H.O. Carter, County Administrator.

Read full opinion.

September 13, 1976

Opinion on whether scholarship funds contributed or granted to an institution of higher learning fall within the scope of public funds (Section 1–742.1 of the 1962 South Carolina Code).

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

Read full opinion.

September 13, 1976

Opinion on whether funds of persons or patients at State Institution (Mental Health, Mental Retardation, etc.) fall within the scope of public funds (Section 1-742.1,1962 South Carolina Code of Laws).

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

Read full opinion.

September 10, 1976

Opinion on the meaning of the phrase “shall be used exclusively for public school purposes” (Section 65-1401.1, Code of Laws of South Carolina (Supplement)).

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

Read full opinion.

September 10, 1976

Opinion on any modifications in any bail bonding system that may have been made in this State.

Requested by Mr. Frank H. Bailey, Assistant Director, The Council of State Governments, Kentucky.

Read full opinion.

September 10, 1976

Opinion on the location of where the Lincolnville Chief of Police may performs his duties.

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

Read full opinion.

September 10, 1976

Opinion on use of the proceeds from the unexhausted portion of its fifteen per cent bonded indebtedness limit for school purposes.

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

Read full opinion.

September 9, 1976

Opinion on the fifth form of county government (Section 7 of Article VIII of the South Carolina Constitution).

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

Read full opinion.

September 9, 1976

Opinion on whether a municipality can transfer title in the form of automobiles to retired municipal employees as gratuity.

Requested by Mr. Ernest Nunnery.

Read full opinion.

September 8, 1976

Opinion on proposed contract.

Requested by Mr. Charles H. Lesser, Assistant Director for Archives and Publications, S.C. Department of Archives and History.

Read full opinion.

September 8, 1976

Opinion on court jurisdiction over the offense of armed robbery when committed by a juvenile under the age of seventeen.

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

Read full opinion.

September 7, 1976

Opinion on what information the Children’s Bureau can release to persons placed for adoption by the agency (Section 10–2587.14, Code of Laws of South Carolina (Supplement)).

Requested by Mrs. Josephine A. Cannon, Director, Children’s Bureau.

Read full opinion.

September 7, 1976

Opinion on dual office holding (employee of Lander College and be a candidate for political office).

Requested by Dr. Carlos W. Gibbons, Associate Professor of Education, Lander College.

Read full opinion.

September 7, 1976

Opinion on R 457.

Requested by The Honorable J.C. Duncan, Member, South Carolina House of Representatives.

Read full opinion.

September 7, 1976

Opinion on Section 46-750.153, Code of Laws of South Carolina (1975 Cum. Supp.).

Requested by David B. Ward, Esquire, Attorney for City View.

Read full opinion.

September 7, 1976

Opinion on procedure for transferring title to realty.

Requested by L.H. Siau, Jr., Georgetown County Auditor.

Read full opinion.

September 6, 1976

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

Requested by The Honorable Solomon Blatt, Speaker.

Read full opinion.

September 3, 1976

Opinion on the definition of “sick leave” (1976 Act R 724).

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

Read full opinion.

September 3, 1976

Opinion on maintaining license certification of the South Carolina Board of Examiners in Psychology.

Requested by Dr. William Rothstein, Chairman, Board of Examiners in Psychology, Univ. of South Carolina.

Read full opinion.

September 3, 1976

Opinion on whether or not a psychologist employed the State Department of Education is subject to Sections 56-1543.10 et seq., Code of Laws of South Carolina, 1962, as amended.

Requested by Dr. William Rothstein, Chairman, Board of Examiners in Psychology, Univ. of South Carolina.

Read full opinion.

September 3, 1976

Opinion on Section 93 of the 1976-77 General Appropriations Act (fees charged by State Board of engineering Examiners, R 789, H3910).

Requested by Mr. Roland Trent, Director of Investigations.

Read full opinion.

September 2, 1976

Opinion on home rule legislation.

Requested by W.E. Jenkinson, III, Esquire, Attorney at Law, Kingstree.

Read full opinion.

September 1, 1976

Opinion on whether or not the Opportunity School can send reports on the academic progress and conduct of students sponsored by the Department of Vocational Rehabilitation to the Department.

Requested by J.T. Willis, Ed.D., Director, Wil Lou Gray Opportunity School.

Read full opinion.

September 1, 1976

Opinion on whether or not the Aeronautics Commission may refund registration fees paid in error.

Requested by Mr. John W. Hamilton, Director, South Carolina Aeronautics Commission.

Read full opinion.

September 1, 1976

Opinion on the permissibility of the administration of drugs by unlicensed persons in intermediate care facilities.

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

Read full opinion.

September 1, 1976

Opinion on whether the Insurance Laws of the State of South Carolina apply to the business of bail bonds ((Title 37, South Carolina Code).

Requested by The Honorable John Lindsay, Chief Insurance Commissioner.

Read full opinion.

September 1, 1976

Opinion on the method of election to the Charleston County Council.

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

Read full opinion.

September 1, 1976

Opinion on R 765, H 3396 (Act of 1976 Legislature; 1962 South Carolina Code, Sections 47-1004, 14-350.16 and 14-350.25, as amended).

Requested by R.E. Clark, P.E., Director, Physical Plant, Medical University of South Carolina.

Read full opinion.

August 30, 1976

Opinion on whether the City of Greenwood can participate in the Project TAP Program.

Requested by Mr. Scott Sanders, Director, Art in Education Division, South Carolina Arts Commission.

Read full opinion.

August 27, 1976

Opinion on definition of “majority vote.”

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

Read full opinion.

August 26, 1976

Opinion on whether or not the Beaufort County Council is presently authorized to alter the prescribed statutory duties of the Beaufort County Treasurer.

Requested by The Honorable L.L. Rice, Treasurer, Beaufort County.

Read full opinion.

August 26, 1976

Opinion on whether there is any relief available to a purchaser of a new residence which was completed in January but remained on the open market as vacant property until June.

Requested by a Member, South Carolina House of Representatives.

Read full opinion.

August 26, 1976

Opinion on residential tax.

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

Read full opinion.

August 25, 1976

Opinion on state tuition grants for the teacher training program of institutions of higher learning not approved by the Southern Association.

Requested by R. Laine Ligon, Director, Higher Education Tuition Grants Committee.

Read full opinion.

August 24, 1976

Opinion on the criminality of a sexual act when performed by a woman on a man for hire.

Requested by Lt. Ronald Cook, State Law Enforcement Division.

Read full opinion.

August 24, 1976

Opinion on the purchases of notes and purchase money security agreements (Section 8-225).

Requested by Mr. Robert C. Cleveland, Commissioner of Banking.

Read full opinion.

August 24, 1976

Opinion on whether or not the South Carolina Public Railways Commission is subject to those provisions of the General Appropriations Act.

Requested by The Honorable T. Allen Legare, Jr., Member, South Carolina Senate.

Read full opinion.

August 23, 1976

Opinion on whether or not the Colleton County Hospital Board is presently authorized to borrow money.

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

Read full opinion.

August 20, 1976

Opinion on whether employees of the Charleston County Aviation Authority are considered employees of the State.

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

Read full opinion.

August 20, 1976

Opinion on the residency status of a student.

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

Read full opinion.

August 18, 1976

Opinion on residential leases.

Requested by Raymond K. Benton, Jr., Esquire, Assistant Attorney for Charleston County.

Read full opinion.

August 17, 1976

Opinion on whether a teacher can remove a student from band for failing to attend band camp.

Requested by The Honorable J.D. Duncan, Member, South Carolina House of Representatives.

Read full opinion.

August 17, 1976

Opinion on whether or not the S.C. Department of Parks, Recreation and Tourism may stage arts and crafts show.

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

Read full opinion.

August 17, 1976

Opinion on the purchases of notes and money security agreements (Section 8-225).

Requested by Mr. Robert C. Cleveland, Commissioner of Banking.

Read full opinion.

August 16, 1976

Opinion on the showing of movies after two o’clock (R 657).

Requested by The Honorable Melvin Ernest Nunnery, Member, South Carolina House of Representatives.

Read full opinion.

August 12, 1976

Opinion on Act No. 831.

Requested by Mr. H.B. Jones, Chairman, S.C. State Board of Barber Examiners.

Read full opinion.

August 12, 1976

Opinion on status of the contract between the South Carolina Department of Social Services and various community action agencies.

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

Read full opinion.

August 12, 1976

Opinion on same sex marriage (Sections 20-1, 20-5, 20-5.1, 20-5.2, 20-6.1, 20-24, 16-412, Code of Laws of South Carolina (1962), as amended).

Requested by Colonel Hugh R. Overholt, Staff Judge Advocate, Department of the Army.

Read full opinion.

August 11, 1976

Opinion on taxes relating to applications for a residential classification (Section 4 of Act 618, Acts of 1976).

Requested by Attorney at Law for Charleston County.

Read full opinion.

August 11, 1976

Opinion on Article IV of Act 690 of 1976, Section 43-51 of the 1962 Code (Judicial Reform Act).

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

Read full opinion.

August 11, 1976

Opinion on surtax on alcoholic liquor (South Carolina Constitution, Article 4, Section 21 as amended; Section 30-201, 1962 as amended; Section 13 of the 1976-77 Appropriations Act).

Requested by The Deputy Superintendent of Education.

Read full opinion.

August 11, 1976

Opinion on whether the Act authorizes extension for the 1976 tax year on residential property (Section 4 of Act 618, Acts of 1976).

Requested by Ben Scott Whaley, Esquire.

Read full opinion.

August 10, 1976

Opinion on whether or not a police officer may detain a subject on sight when he knows that there is a misdemeanor warrant for the person’s arrest but does not have the warrant in his possession.

Requested by The Honorable Eugene Copeland, Jr., Chief of Police, Bennettsville.

Read full opinion.

August 10, 1976

Opinion on massage parlors (S-43).

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

Read full opinion.

August 9, 1976

Opinion on tax notices (1976 Act R281, Section 12C; 84 CJS, Taxation, § 363, Requisites and Validity of Levy, Statement of Purpose of Tax).

Requested by Charles W. Knowlton, Attorney, Richland School District No. 1.

Read full opinion.

August 9, 1976

Opinion on voting by absentee ballot for the Chairman of the Board of Trustees of the Medical University of South Carolina (South Carolina Code Ann. Section 22-355, as amended).

Requested by Dr. William C. Draffin, Chairman, Board of Trustees, The Medical University of South Carolina.

Read full opinion.

August 9, 1976

Opinion on if the North Charleston Public Service District is annexed by a municipality, which group of taxpayers will be responsible for paying the back debt.

Requested by Attorney at Law, Charleston, South Carolina.

Read full opinion.

August 6, 1976

Opinion on Sections 32-501 et seq. (health planning functions).

Requested by The Honorable Lachlan L. Hyatt, Chairman, South Carolina Board of Health and Environmental Control.

Read full opinion.

August 6, 1976

Opinion on driver’s license records.

Requested by Supervisor, Driver’s License Records, South Carolina Department of Motor Vehicles.

Read full opinion.

August 5, 1976

Opinion on the application of Section 46-287 of the 1962 Code of Laws of South Carolina.

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

Read full opinion.

August 5, 1976

Opinion on the constitutionality of R 888 (S 986).

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

Read full opinion.

August 4, 1976

Opinion on what is the legal age a person may be employed as a city policeman.

Requested by George W. Gregory, Jr., Esquire, Attorney at Law, Cheraw.

Read full opinion.

August 3, 1976

Opinion on the enforcement of 1976 Act Ratification Number 658.

Requested by Judge W.L. Fortner, Magistrate, Easley Township.

Read full opinion.

August 3, 1976

Opinion on investment money of the University of South Carolina.

Requested by Division of Finance, University of South Carolina.

Read full opinion.

August 2, 1976

Opinion on the purchase of notes and money security agreements between a bank and a business (Section 8–225, South Carolina Code of Laws (1962)).

Requested by The Commissioner of Banking.

Read full opinion.

August 2, 1976

Opinion on whether non-salaried auxiliary policemen come under the county group insurance program (1976 Ratification Number 816).

Requested by The Honorable M. Ernest Nunnery, Member, South Carolina House of Representatives.

Read full opinion.

August 2, 1976

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

Requested by Mr. Edgar P. Kroposki, Jr., Greenville Chamber of Commerce.

Read full opinion.

August 2, 1976

Opinion on the validity of the introduction and first reading of an ordinance prior to holding a referendum (Article VIII, Section 16 of the South Carolina Constitution).

Requested by John Henry Williams, Esquire, Aiken County Attorney.

Read full opinion.

August 2, 1976

Opinion on exchanging information by agencies about their clients (Freedom of Information Act, 5 U.S.C. Section 552).

Requested by Mrs. Ann Eastland, Citizens Service Coordinator, Governor’s Office of Citizens Service.

Read full opinion.

August 2, 1976

Opinion on whether Union County is required to conduct a special primary election for candidates to the county council (R755, S808).

Requested by Mr. O. Eugene Powell, Esquire, Union County Attorney.

Read full opinion.

August 2, 1976

Opinion on taxable income.

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

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 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.

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

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Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

Room 519 | Columbia, S.C. 29201

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

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