Archive for the ‘1976 Opinions’ Category

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 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.

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

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

Read full opinion.

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 “home rule” 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 form of government for Chesterfield and Marlboro Counties.

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

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 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 (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 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 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 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 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 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.

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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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