Archive for the ‘1977 Opinions’ Category

December 30, 1977

Opinion on dual office holding (manager of Owens Field and president of Midlands Aviation and serve as a member of the Richland-Lexington Airport Commission).

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

Read full opinion.

December 28, 1977

Opinion on taxation on a tract of land that has been subdivided into lots.

Requested by Supervisor-Reassessment, Property Tax Division.

Read full opinion.

December 28, 1977

Opinion on legality of releasing copies of patient medical records without an authorization from the patient.

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

Read full opinion.

December 28, 1977

Opinion on dog control—Georgetown County.

Requested by The Honorable Raymond Lee, Georgetown County Magistrate.

Read full opinion.

December 27, 1977

Opinion on the appearance of defendants before the Marion City Recorder’s Court.

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

Read full opinion.

December 22, 1977

Opinion on whether or not a member of the Board of Trustees of the Opportunity School may designate someone to represent him at the Board meeting.

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

Read full opinion.

December 21, 1977

Opinion on surety certification.

Requested by Mr. Neal Forney, Assistant Director, S. C. Court Administration.

Read full opinion.

December 21, 1977

Opinion on Section 6-9-10, et seq., Code of Laws of South Carolina, 1976.

Requested by Glen S. Baldwin, Esquire, Greenville City Attorney.

Read full opinion.

December 20, 1977

Opinion on legality of an individual to carry a pistol in a purse unless authorized by statutory provision or State Law Enforcement Division approval.

Requested by The Honorable James O. Freeman, Chief, Columbia Metropolitan Airport Police Department.

Read full opinion.

December 20, 1977

Opinion on dual office holding (member of Jasper County Development Board and as a member of Ridgeland’s Town Council).

Requested by Mr. Michael G. Herring, Town Administrator, Town of Ridgeland.

Read full opinion.

December 20, 1977

Opinion on responsibilities of bail bondsmens.

Requested by The Honorable Robert H. Orr, Jr., Sheriff, Chester County.

Read full opinion.

December 20, 1977

Opinion on Sections 131 and 132 of the General Appropriations Act of the State for the fiscal year 1977–78 (salaries to be paid to members of various boards, commissions and committees).

Requested by Mr. Harold E. Trask, Jr., Executive Assistant, Office of the Governor.

Read full opinion.

December 19, 1977

Opinion on Lexington County Superintendent of Education and Lexington County Board of Education.

Requested by The Honorable Nikki G. Setzler, Member, South Carolina Senate.

Read full opinion.

December 19, 1977

Opinion on Section 16–17–540, 1976 Code of Laws of South Carolina, as amended.

Requested by Al Sandlin, Esquire, Regional Counsel, IRS.

Read full opinion.

December 19, 1977

Opinion on who has authority to appoint members of the Western Carolina Regional Sewer Authority (Greenville County Legislative Delegation or the Greenville County Council).

Requested by The Honorable Herbert C. Granger, Member, South Carolina House of Representatives.

Read full opinion.

December 19, 1977

Opinion on whether an elected official can keep current position or obtain a leave of absence while seeking to run for another office.

Requested by The Honorable Frank Powell, Office of the Sheriff, Columbia.

Read full opinion.

December 16, 1977

Opinion on whether the Greenville County Legislative Delegation or the Greenville County Council is responsible for recommending the appointment of the members of the Western Carolina Regional Sewer Authority.

Requested by The Honorable Herbert C. Granger, Member, South Carolina House of Representatives.

Read full opinion.

December 16, 1977

Opinion on the requirements of Section 27–39–260 of the 1976 Code of Laws of South Carolina, as amended.

Requested by Messrs. Brown, Jefferies & Boulware, Barnwell.

Read full opinion.

December 16, 1977

Opinion on Marion County Wrecker Ordinance.

Requested by William H. Seals, Esquire, Marion County Attorney.

Read full opinion.

December 16, 1977

Opinion on the procedure to reduce the number of magistrates in Cherokee County.

Requested by The Honorable Jack Allison, Cherokee County Magistrate.

Read full opinion.

December 16, 1977

Opinion on dual office holding (division manager of the City of Florence and serves as city councilman for another town).

Requested by James R. Bell, Esquire, Florence City Attorney.

Read full opinion.

December 16, 1977

Opinion on dual office holding (magistrate also serving on the Florence County Board of Health).

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

Read full opinion.

December 16, 1977

Opinion on whether the Sumter County Legislative Delegation or the Sumter County Council recommends for appointment the members of the Sumter County Commission for Higher Education.

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

Read full opinion.

December 16, 1977

Opinion on selection of potential jurors in Lancaster County.

Requested by William M. Catoe, Jr., Esquire, Lancaster County Attorney.

Read full opinion.

December 16, 1977

Opinion on dual office holding (can a school trustee also hold the position of town councilman or mayor).

Requested by Mr. John W. Dodge, County Superintendent, Hampton County Schools.

Read full opinion.

December 16, 1977

Opinion on legality of a magistrate using a rubber stamp to imprint the name of the magistrate on warrants and uniform traffic tickets.

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

Read full opinion.

December 15, 1977

Opinion on whether or not State agencies may allocate State funds in their budget to purchase liability insurance for volunteers who are rendering a service to such agency.

Requested by Ms. Amelia B. Solomon, S. C. Office of Volunteer Services.

Read full opinion.

December 14, 1977

Opinion on Code of Laws of South Carolina, 1976, Section 42–1–560 (Workmen’s Compensation Fund).

Requested by The Director, State Workmen’s Compensation Fund.

Read full opinion.

December 14, 1977

Opinion on the State Ethics Law, 1976 Code Section 8–13–10 et seq.

Requested by The Honorable Patrick B. Harris, Chairman, House Legislative Ethics Committee.

Read full opinion.

December 14, 1977

Opinion on the legality of the transfer of supervision of the Oconoee County Sheriff Department’s records and communications divisions to the Director of Corrections for Oconee County.

Requested by The Honorable Myron F. Green, Oconee County Sheriff.

Read full opinion.

December 14, 1977

Opinion on whether or not the provisions of Section 12–7–90 of the South Carolina Code if Laws, 1976, include deferred compensation plans.

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

Read full opinion.

December 13, 1977

Opinion on whether or not two hundred dollars of the salary paid by the Department of Youth Services to school teachers in its employ subject to the provisions of Section 12–7–590 of the 1976 Code.

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

Read full opinion.

December 13, 1977

Opinion on Greenville County RMC and Greenville TEC Paralegal Class.

Requested by James H. Lengel, Esquire, Assistant Greenville County Attorney.

Read full opinion.

December 13, 1977

Opinion on the legality of adding eleven months’ service as a city councilman to two months’ (November and December) services as a Senator to constitute a year of creditable service for retirement purposes.

Requested by The Honorable Coleman G. Poag, Member, South Carolina Senate.

Read full opinion.

December 13, 1977

Opinion on Rule on Disciplinary Proceedings, Paragraph 18.

Requested by The Honorable W.W. Wilkins, Jr., Solicitor, 13th Judicial Circuit.

Read full opinion.

December 12, 1977

Opinion on whether or not the Department of Mental Health and the Division of Community Mental Health Services is limited in procuring insurance against potential liabilities under Act No. 182 (1977).

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

Read full opinion.

December 12, 1977

Opinion on Medical University of South Carolina’s computer bid.

Requested by Mr. Charles Robinson, Acting Director, Division of Computer Systems Management.

Read full opinion.

December 9, 1977

Opinion on the Sea Pines Public Service District (Section 9–1–480, 1976 Code of Laws).

Requested by Michael L. M. Jordan, Esquire, Harvey, Battey, Macloskie and Bethea.

Read full opinion.

December 8, 1977

Opinion on whether or an ambulance attendant is considered to be an emergency medical technician within the provisions of the Emergency Medical Services Act of South Carolina.

Requested by Mr. Henry L. Thompson, Oconee County Safety Officer.

Read full opinion.

December 8, 1977

Opinion on dual office holding (serve as member of the Commission on Consumer Affairs and President of World Acceptance Corporation).

Requested by The Honorable Carroll A. Campbell, Jr., Member, South Carolina Senate.

Read full opinion.

December 8, 1977

Opinion on whether or not automobiles or other personal property of Iranian students who attend The Citadel are subject to property taxation.

Requested by Ben Scott Whaley, Esquire, Charleston County Attorney.

Read full opinion.

December 7, 1977

Opinion on the meaning of the term ‘incapacitated’ as used in Section 22–3–910, Code of Laws of South Carolina, 1976.

Requested by Mr. Neal Forney, Assistant Director, S. C. Court Administration.

Read full opinion.

December 7, 1977

Opinion on a public adjuster not licensed as an attorney engaged in activities which constitute the unauthorized practice of law.

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

Read full opinion.

December 6, 1977

Opinion on whether an employee resigning from a State agency is entitled to collect a lump sum payment for unused leave even though this individual is later employed by another State agency.

Requested by Timothy G. Quinn, Esquire, Office of the President, University of South Carolina.

Read full opinion.

December 5, 1977

Opinion on Greenview petitioning for annexation vote.

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

Read full opinion.

December 5, 1977

Opinion on Section 55–7–20 of the 1976 Code.

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

Read full opinion.

December 5, 1977

Opinion on what information may be given to the general public about persons charged with or convicted of offenses and related questions.

Requested by J. O. Freeman, Lexington County Sheriff and Police Chiefs Association.

Read full opinion.

December 5, 1977

Opinion on election of Magistrates-Cherokee County, S.C.

Requested by The Honorable Robert C. Lake, Jr., Member, South Carolina Senate.

Read full opinion.

December 2, 1977

Opinion on whether or not members of the Richland County Council are to have access to county records such as personnel records.

Requested by The Honorable Susie Newman, Member, Richland County Council.

Read full opinion.

December 2, 1977

Opinion on fine, bail or bond forfeiture regarding traffic violations investigated by State or County officers within the town limits.

Requested by The William R. Walker, Chief of Police, Hodges.

Read full opinion.

December 2, 1977

Opinion on disposition of bond money on nol prossed magistrate’s court cases.

Requested by Mrs. Pat Winters, N. Myrtle Beach.

Read full opinion.

December 2, 1977

Opinion on the underlying policies of the Sunday Blue Laws in South Carolina.

Requested by The Honorable Strom Thurmond, Member, U. S. Senate.

Read full opinion.

December 2, 1977

Opinion on whether it is still proper for magistrates to endorse warrants issued by the municipalities for General Sessions cases (Section 22–5–190 of the 1976 Code of Laws of South Carolina (Section 43–221 of the 1962 Code)).

Requested by The Honorable James T. Love, Magistrate, Cherokee County.

Read full opinion.

December 1, 1977

Opinion on procedure of a magistrate to endorse for service a summons and complaint within the trial jurisdiction of the magistrate court where the cause of action arose in another county (Sections 22–3–10, 22–5–190, 22–3–210, 15–7–10, 15–7–20, 15–7–30 of the code).

Requested by Mr. Neal Forney, Assistant Director, S. C. Court Administration.

Read full opinion.

December 1, 1977

Opinion on whether the issuance of estate tax forms for use by the public by the South Carolina Tax Commission constituted the issuance of a regulation within the meaning of the South Carolina Administrative Procedures Act (Act No. 176 of 1977).

Requested by The Honorable Robert J. Sheheen, Member, South Carolina House of Representatives.

Read full opinion.

November 30, 1977

Opinion on the propriety of a municipality increasing or supplementing the salary of a former mayor and councilman for several past years in order to effect an increase in retirement benefits (Section 5–7–170, 1976 Code of Laws).

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

Read full opinion.

November 30, 1977

Opinion on whether a magistrate in Kershaw County can also serve as magistrate to Lancaster County as a result of land from Kershaw County being annexed to Lancaster County.

Requested by William M. Catoe, Jr., Esquire, Attorney for Lancaster County.

Read full opinion.

November 30, 1977

Opinion on whether a patient conditionally discharged from the Department of Mental Health can be committed without the necessity of reexamination.

Requested by John Patrick, Esquire, South Carolina Court Administration.

Read full opinion.

November 30, 1977

Opinion on whether out-of-state service is to be credited in full for retirement purposes as if it had been performed in South Carolina.

Requested by Mr. Dewey D. White, Sumter.

Read full opinion.

November 30, 1977

Opinion on public access to public records.

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

Read full opinion.

November 30, 1977

Opinion on the constitutionality of certain proposed amendments to the statutes concerning firemen’s pension funds in cities of 50,000 to 70,000, 1940 Census (Sections 61–421 et seq., 1962 Code of Laws).

Requested by Captain Ed Goff, Columbia Fire Department.

Read full opinion.

November 30, 1977

Opinion on the sale of a tract of land donated to the State.

Requested by Mr. Furman E. McEachern, Jr., Director, Budget and Control Board.

Read full opinion.

November 28, 1977

Opinion on a proposed new agreement by the South Carolina Appalachian Council of Governments.

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

Read full opinion.

November 28, 1977

Opinion on the home rule law regarding fire protection districts in Union County.

Requested by Mr. William E. Whitney, Jr., Union County Attorney.

Read full opinion.

November 28, 1977

Opinion on the rules and regulations of the South Carolina Dams and Reservoirs Safety Act.

Requested by Mr. Murray Wood, Director, South Carolina Land Resources Conservation Commission.

Read full opinion.

November 25, 1977

Opinion on whether psychiatrists registered as a professional corporation under Georgia’s Professional Corporation Act, Sections 84–54 et seq., Georgia Code of Laws, incorporate in South Carolina as a foreign corporation under Section 33–23–20, South Carolina Code.

Requested by O. Frank Thornton, Secretary of State.

Read full opinion.

November 23, 1977

Opinion on whether or not the Jasper County Council can enact an ordinance which would contain the same provisions as those found in No. 345 of 1977 [60 Stat. 980 (1977)].

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

Read full opinion.

November 23, 1977

Opinion on whether the Budget and Control Board has the authority to promulgate regulations concerning administrative leave.

Requested by Mr. Jack Mullins, Director, State Personnel Division.

Read full opinion.

November 23, 1977

Opinion on change of name by the Common Law Rule.

Requested by Stephen M. Courtland, Esquire, Kennedy, Covington, Lobdell & Hickman, Charlotte, North Carolina.

Read full opinion.

November 23, 1977

Opinion on the correct boundaries of the Town of St. Matthews.

Requested by Lawrence M. Gressette, Jr., Esquire, Attorney, Town of St. Matthews.

Read full opinion.

November 21, 1977

Opinion on constitutionality of South Carolina Development Board to enact a by-law which would require a member of the Board to resign when he announces his candidacy for any other public office.

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

Read full opinion.

November 21, 1977

Opinion on the respective roles of the present Berkeley County Board of Commissioners and the present Berkeley County Supervisor now that the council-supervisor form of county government and the single member district method of election have been approved for Berkeley County.

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

Read full opinion.

November 21, 1977

Opinion on whether or not a proposed public information system under consideration by the Greenville County Sheriff’s Office is in accord with the State’s Freedom of Information Act.

Requested by Mr. Robert E. Elmore, Jr., Executive Officer, Greenville County Sheriff’s Department.

Read full opinion.

November 18, 1977

Opinion on whether it is lawful for a magistrate to direct a law enforcement officer to sign his name to arrest and search warrants after probable cause has been given to the magistrate over the telephone, at a place other than the magistrate’s office, or at the magistrate’s office.

Requested by South Carolina Court Administration.

Read full opinion.

November 18, 1977

Opinion on Section 14-21-830(b), Code of Laws of South Carolina, 1976.

Requested by The Honorable S. Norwood Gasque, Judge, Fourth Circuit Family Court.

Read full opinion.

November 18, 1977

Opinion on whether or not new freeholders can be added to a petition for annexation election after it has been submitted and acted upon or if an entirely new petition must be obtained.

Requested by Roy D. Bates, City Attorney, Columbia.

Read full opinion.

November 18, 1977

Opinion on dual office holding (serves as deputy county coroner and as a member of the county recreation commission).

Requested by Daniel Fulton, Esquire, Columbia.

Read full opinion.

November 16, 1977

Opinion on automatically operated pinball machines with respect to 52–15–30 of the South Carolina Code of Laws (unlawful for any minor under the age of eighteen to play a pinball machine).

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

Read full opinion.

November 16, 1977

Opinion on the power of a circuit or county judge to terminate a defendant’s probation prior to its expiration date after the adjournment of a term of court.

Requested by Clyde K. Laney, Jr., Esquire, Assistant Public Defender.

Read full opinion.

November 15, 1977

Opinion on whether a municipality can require a permit for moving a building within its jurisdiction.

Requested by E. S. Coffey, State Highway Engineer.

Read full opinion.

November 15, 1977

Opinion on scheduling of preliminary hearings and who should be notified.

Requested by Mr. Neal Forney, Assistant Director, S. C. Court Administration.

Read full opinion.

November 15, 1977

Opinion on providing list of prospective jurors and jurors selected to the defendant in cases within the trial jurisdiction of magistrates.

Requested by Mr. Neal Forney, Assistant Director, S. C. Court Administration.

Read full opinion.

November 15, 1977

Opinion on nol pros regarding DUI cases.

Requested by The Honorable Herbert F. Payton, Chief of Police, Prosperity Police Department.

Read full opinion.

November 15, 1977

Opinion on Laurens County Water Resources Commission.

Requested by Albert D. McAlister, Esquire, McAlister, Compton & McAlister, P.A.

Read full opinion.

November 14, 1977

Opinion on Section 14-21-540 of the Code of Laws of South Carolina, 1976 (family court to transfer a juvenile 16 years of age or older).

Requested by The Honorable Alvin C. Biggs, Assistant Solicitor, First Judicial Circuit.

Read full opinion.

November 14, 1977

Opinion on a petition to transfer a case transferring cases from family court to the court of general sessions involving a criminal sexual conduct by a child in the 1st, 2nd and/or 3rd degree.

Requested by Mr. Steven A. Zobel, Intake Supervisor, Charleston County Division of Court Services.

Read full opinion.

November 14, 1977

Opinion on annexation (Section 5-3-150(3), Code of Laws of South Carolina, 1976).

Requested by Mr. John Yancey McGill, Town of Kingstree.

Read full opinion.

November 10, 1977

Opinion on Section 10-1-80 of the Code of Laws of South Carolina, 1976 (competitive bidding with respect to alteration and renovation of existing buildings).

Requested by Mr. John A. McPherson, Jr., Chief Engineer, State Budget & Control Board.

Read full opinion.

November 10, 1977

Opinion on surviving spouse relating to the homestead exemption.

Requested by Aiken County Auditor.

Read full opinion.

November 10, 1977

Opinion on stun guns and bean bag guns.

Requested by Mr. Otis J. Robinson, Director of Human Resources, Office of the Governor.

Read full opinion.

November 10, 1977

Opinion on Hearing Officer’s authority to approve a voucher for reimbursement of indigent representation fees and costs.

Requested by Mr. Joseph M. McCulloch, Jr., S. C. Court Administration.

Read full opinion.

November 10, 1977

Opinion on claim and delivery jurisdiction.

Requested by The Honorable James T. Love, Cherokee County Magistrate.

Read full opinion.

November 10, 1977

Opinion on whether a magistrate should provide the defendant with a list of the eighteen (18) prospective jurors prior to the striking of the jury.

Requested by Mr. Neal Forney, Assistant Director, S. C. Court Administration.

Read full opinion.

November 10, 1977

Opinion on proposed satellite terminal, Spartanburg, S.C.

Requested by Mr. Henry J. Cauthen, President and General Manager, South Carolina ETV Commission.

Read full opinion.

November 9, 1977

Opinion on whether the Patients’ Compensation Fund is a State agency.

Requested by Mr. Calvin L. Stewart, Director, South Carolina Department of Insurance.

Read full opinion.

November 9, 1977

Opinion on orders specifying methods and conditions of Release (Form 1 and Form 2).

Requested by Mr. Neal Forney, Assistant Director, S. C. Court Administration.

Read full opinion.

November 9, 1977

Opinion on Sunday sales and the Blue Law.

Requested by The Honorable Ralph Miller, Assistant Chief of Police, West Columbia.

Read full opinion.

November 9, 1977

Opinion on whether or not the Charleston County Government and the Charleston County Social Services Board are responsible to provide and pay for hospitalization and treatment of the poor and indigent of Charleston County.

Requested by Morris D. Rosen, Esq., Attorney at Law.

Read full opinion.

November 9, 1977

Opinion on whether or not private security guards possess the authority under the South Carolina Private Detective and Private Security Agencies Act (§ 40-17-10, et seq. of the 1976 Code) to transport to jail persons lawfully under arrest.

Requested by Chief J. P. Strom, South Carolina Law Enforcement Division (SLED).

Read full opinion.

November 9, 1977

Opinion on guardianship.

Requested by the Honorable Betty Curtis, Judge of Probate, Chesterfield County.

Read full opinion.

November 8, 1977

Opinion on whether or not the Richland County Council has the authority to extend the filing time for the special residential classification.

Requested by Richland County Attorney.

Read full opinion.

November 8, 1977

Opinion on an election held October 25, 1977, in House District 80, to fill vacancy in House of Representatives.

Requested by Bernard Manning, Esquire, Attorney at Law.

Read full opinion.

November 8, 1977

Opinion on the requirements of the massage law of South Carolina.

Requested by The Honorable Mendel J. Davis, Member, U.S. House of Representatives.

Read full opinion.

November 8, 1977

Opinion concerning the eligibility of a member of the Town Council to be considered for employment by the Town.

Requested by Thomas O. Lawton, Jr., Esquire, Lawton, Myrick & Detrick.

Read full opinion.

November 4, 1977

Opinion on whether a member of the South Carolina National Guard attending weekend drills, when such drills conflict with their regular civilian employment.

Requested by The Honorable James O. Freeman, Jr., Chief, Columbia Metropolitan Police.

Read full opinion.

November 4, 1977

Opinion on Act No. 306 of 1975 (whether the Commissioner of Insurance casting a vote in case of a tie is a conflict of interest).

Requested by The Honorable S. Hunter Howard, Jr., Member, South Carolina House or Representatives.

Read full opinion.

November 4, 1977

Opinion on procedure to follow when promulgating emergency regulations pursuant to the State Register and Administrative Procedures Act (Act 176 of 1977).

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

Read full opinion.

November 4, 1977

Opinion on whether or not the State Superintendent of Education is empowered to handle all aspects of educational activity in the State.

Requested by The Honorable Allen R. Carter, Chairman, Education, Health and Welfare Subcommittee.

Read full opinion.

November 4, 1977

Opinion on compensation a magistrate may receive for performing the duties of his office.

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

Read full opinion.

November 3, 1977

Opinion on whether or not the schools operated by the Department of Youth Services constitute a ‘local school district’.

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

Read full opinion.

November 3, 1977

Opinion on Act No. 211 of 1977 on regulating advertisements by opticians (Section 40-37-240).

Requested by The Honorable Thomas M. Marchant, III, Member, South Carolina House of Representatives.

Read full opinion.

November 3, 1977

Opinion on what constituted an original document as opposed to a duplicate original of documents submitted to the Legislative Council for filing under.

Requested by Robert D. Heilman, Esquire, Legislative Council of the General Assembly.

Read full opinion.

November 3, 1977

Opinion on 1882 legislation by the Town of Wellford and whether it has ever been amended or repealed.

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

Read full opinion.

November 3, 1977

Opinion on municipal business license taxes.

Requested by Warren A. Kohn, Esquire, Kligman and Fleming.

Read full opinion.

November 3, 1977

Opinion on dismissal of DUI cases due to unavailability of arresting officer.

Requested by The Honorable Herbert F. Payton, Chief of Police, Newberry County.

Read full opinion.

November 3, 1977

Opinion on Act No. 482 of 1976.

Requested by The Honorable J. Stanley Bird, Chief of Police, City of Myrtle Beach.

Read full opinion.

November 3, 1977

Opinion on whether or not a sole proprietorship acting as a brokerage firm for the purchase and sale of small businesses and publishing a listing of such businesses which are for sale are exempt from licensing requirements for real estate brokers under §§ 40–57–10, et seq., 1976 Code.

Requested by Kerry W. Koon, Attorney at Law.

Read full opinion.

November 2, 1977

Opinion on procedure for dealing with a person’s returned reassessment notice by the postal service.

Requested by Assessor, Greenwood County.

Read full opinion.

November 2, 1977

Opinion on whether or not the Richland County Council can prescribe by ordinance that the county treasurer’s and county auditor’s terms of office begin on the first Tuesday in January next following their election.

Requested by Charles Porter, Esquire, Richland County Attorney.

Read full opinion.

November 1, 1977

Opinion on county license taxes.

Requested by William H. Seals, Esquire, Marion County Attorney.

Read full opinion.

November 1, 1977

Opinion on whether the General Assembly may provide a graduated scale for salaries for constitutional officers.

Requested by State Auditor.

Read full opinion.

November 1, 1977

Opinion on authority of the Director of the Department of Veterans Affairs to appoint a county veteran affairs officer.

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

Read full opinion.

October 31, 1977

Opinion on whether property owned by the First Baptist Church of Clemson and occupied by the Pickens County Commission on Alcohol and Drug Abuse is not exempt from 1977 taxation.

Requested by State Senator.

Read full opinion.

October 31, 1977

Opinion on the interpretation of Section 5–7–170, Code of Laws of South Carolina, 1976.

Requested by William P. Griggs, Esquire, Cheraw Town Attorney.

Read full opinion.

October 31, 1977

Opinion on whether or not vehicles used in a business in a county but are kept outside of that county are subject to business tax.

Requested by York County Auditor.

Read full opinion.

October 31, 1977

Opinion on minimum age of Sheriffs’ Deputies.

Requested by The Honorable Fred G. Robinson, Sheriff, Fairfield County.

Read full opinion.

October 31, 1977

Opinion on whether or not Act No. 306 of the 1975 Acts and Joint Resolutions of South Carolina violates Article I, Section 22 of the South Carolina Constitution.

Requested by Victor S. Evans, Deputy Attorney General.

Read full opinion.

October 31, 1977

Opinion on issuance of general obligation bonds by the board of trustees of the Newberry County School District.

Requested by Mr. Ralph E. Watkins, Jr., Newberry County Public Schools.

Read full opinion.

October 27, 1977

Opinion on whether the disposition of the charges of carrying concealed weapons is within the jurisdiction of the Magistrates’ Courts.

Requested by Mr. Neal Forney, Assistant Director, S. C. Court Administration.

Read full opinion.

October 27, 1977

Opinion on applying for a constable vacancy.

Requested by The Honorable John G. Felder, Member, South Carolina House of Representatives.

Read full opinion.

October 27, 1977

Opinion on whether or not a public hospital in South Carolina can directly hire physicians and nurses, and then bill the patient for the physicians’ fees.

Requested by Samuel J. Abrams, Esquire, Sumter.

Read full opinion.

October 27, 1977

Opinion on responsibilities of the Clerk of Court or Register of Mesne Conveyances on cancelling a mortgage.

Requested by Register of Mesne Conveyances for Spartanburg County.

Read full opinion.

October 26, 1977

Opinion on whether or not a principal, teacher, or school aide, can administer a pre-measured injection of a hormone from an insect sting kit where the school has been requested to take such action under the written directions of a physician and is provided with the written consent of the parents.

Requested by W. C. Hawkins, District Superintendent, Lexington County School District No. 5.

Read full opinion.

October 26, 1977

Opinion on fidelity bonds for public employees and officials in Beaufort County.

Requested by Mr. L. V. Breyer, Insurance Coordinator, County Council of Beaufort County.

Read full opinion.

October 26, 1977

Opinion on whether the Legislature has taken any recent action prohibiting counties from assisting persons in paving private driveways which lead off county roads.

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

Read full opinion.

October 25, 1977

Opinion on whether or not a paralegal that represents an individual at a hearing before the Department of Social Services constitutes the unauthorized practice of law.

Requested by Frank S. Potts, General Counsel, South Carolina Department of Social Services.

Read full opinion.

October 24, 1977

Opinion on the applicability of the State Register and Administrative Procedures Act to the draft policy manual of State Personnel Rules and Regulations.

Requested by Dr. Jack S. Mullins, Director of Personnel Division.

Read full opinion.

October 24, 1977

Opinion concerning a proposed procedure for licensing nonresident real estate salesmen operating out of Charlotte, North Carolina.

Requested by The Honorable Fred B. Beall, Commissioner, S. C. Real Estate Commission.

Read full opinion.

October 24, 1977

Opinion on smoking in public meeting rooms in Beaufort County schools.

Requested by Mr. Robert G. Salisbury, Superintendent, Beaufort County Schools.

Read full opinion.

October 24, 1977

Opinion on whether or not there is a statutory authority for the Retirement System to pay interest on funds which accumulate for a minor pending his reaching age 18.

Requested by Mr. Joseph C. Griffith, Assistant Director, South Carolina Retirement System.

Read full opinion.

October 21, 1977

Opinion on whether or not the South Carolina Board of Dentistry presently has the authority to issue a license to an applicant, who is licensed in several states none of which have reciprocity with South Carolina, by ‘credentials’ without his having to take the South Carolina examination.

Requested by Dr. William A. Buck, President, South Carolina State Board of Dentistry.

Read full opinion.

October 21, 1977

Opinion on the power of the State to impose restrictions on milk producers seeking to contract with State Agencies – Act No. 219.

Requested by Mr. George C. Beighley.

Read full opinion.

October 19, 1977

Opinion on the constitutionality of Act No. 157, Statutes at large of South Carolina, 1977, relating to exclusion of evidence in a rape trial.

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

Read full opinion.

October 18, 1977

Opinion on whether shoplifting is a petit larceny when it is less than fifty dollars.

Requested by Mr. Neal Forney, Assistant Director, S. C. Court Administration.

Read full opinion.

October 18, 1977

Opinion on what is the maximum legal rate which a pawnbroker may charge on loans in excess of $50.00.

Requested by Everett H. Whitler, Director, Consumer Finance Division, State Board of Financial Institutions.

Read full opinion.

October 18, 1977

Opinion on whether the State Budget and Control Board may hold executive sessions following public meetings to consider proposed budget requests presented at the public meetings.

Requested by The Honorable William T. Putnam, Secretary, State Budget and Control Board.

Read full opinion.

October 18, 1977

Opinion on regulation of pesticides in the State of South Carolina.

Requested by Mr. Donald S. Adams, Pesticide Coordinator, College of Agricultural Sciences, Clemson University.

Read full opinion.

October 17, 1977

Opinion on a trial judge’s sentencing guidelines (probation) relating to a DUI or drug abuse case.

Requested by Mr. James A. Neal, Director-State ASAP/Drug Diversion, S. C. Commission on Alcohol and Drug Abuse.

Read full opinion.

October 17, 1977

Opinion on which agency is responsible for licensing and regulating hair removal clinics.

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

Read full opinion.

October 17, 1977

Opinion on the validity of R280 relating to the Jasper County Hospital Commission.

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

Read full opinion.

October 14, 1977

Opinion on taxes relating to banking institutions (Section 12-7-2280 of the South Carolina Code of Laws of 1976.

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

Read full opinion.

October 13, 1977

Opinion on Sections 56-5-4040 and 56-5-4090 (1976) (length limitation of trailers carrying dismembered logs stacked end to end).

Requested by The Honorable William E. McLeod, Magistrate.

Read full opinion.

October 13, 1977

Opinion on procedures to be followed in connection with the suspension of Magistrate George W. Harrelson.

Requested by The Honorable Ralph H. Ellis, Member, South Carolina Senate.

Read full opinion.

October 13, 1977

Opinion on whether or not the present Orangeburg County Council is obligated to succeeding councils to earmark a prescribed tax levy and funds therefor to hospital purposes.

Requested by W. Turner Klapman, Esq., Attorney & Counsellor at Law.

Read full opinion.

October 13, 1977

Opinion on whether or not the Trust for Short-Term U. S. Government Securities is subject to South Carolina income taxation.

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

Read full opinion.

October 13, 1977

Opinion on the confidentiality of patient records at the Newberry County Commission on Alcohol and Drug Abuse.

Requested by The Honorable John M. Rucker, Member, South Carolina House of Representatives.

Read full opinion.

October 13, 1977

Opinion on whether or not the South Carolina Employment Security Commission is vested with the authority to requisition monies from the Unemployment Trust Fund (Section 41-33-80 of the Code of Laws of South Carolina, 1976).

Requested by The Honorable C. Lem Harper, Chairman, South Carolina Employment Security Commission.

Read full opinion.

October 12, 1977

Opinion on whether or not a licensed dentist can operate a commercial dental laboratory using non-registered dental technicians.

Requested by Dr. William A. Buck, President, South Carolina State Board of Dental Examiners.

Read full opinion.

October 12, 1977

Opinion on whether or not Laurens County has the authority to set aside such valuations for the 1977 tax year and revert to the basis used in 1976 to tax such property for the 1977 year.

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

Read full opinion.

October 11, 1977

Opinion on validity of R7-88.

Requested by Nicholas P. Sipe, Hearing Officer & Legal Counsel, South Carolina Alcoholic Beverage Control Commission.

Read full opinion.

October 11, 1977

Opinion on the power of an employer to withdraw from the State Retirement System.

Requested by Michael Jordan, Esquire, Harvey, Battey, Macloskie and Bethea, Hilton Head Island.

Read full opinion.

October 10, 1977

Opinion on taxes in Newberry County relating to fulfilling the needs of the schools in the county.

Requested by The Honorable John M. Rucker, Member, South Carolina House of Representatives.

Read full opinion.

October 7, 1977

Opinion on federal regulations governing job training and employment programs.

Requested by Mr. L. Roger Kirk, Jr., Executive Assistant, Office of the Governor for South Carolina.

Read full opinion.

October 7, 1977

Opinion on what circumstances the President Pro Tempore of the Senate would exercise the powers of the Governor or Lieutenant Governor.

Requested by The Honorable L. Marion Gressette, President Pro Tempore of the Senate, South Carolina.

Read full opinion.

October 7, 1977

Opinion on whether auction houses are required to be licensed by the new South Carolina Auctioneer law (Act 111 of 1977).

Requested by Mr. William M. Yonce, Secretary-Treasurer, South Carolina Auctioneer Commission.

Read full opinion.

October 7, 1977

Opinion on the School Finance Act relating to what are the limitations of continuing a pupil in membership.

Requested by Mr. Ray W. Burnette, Deputy Superintendent, South Carolina Department of Education.

Read full opinion.

October 6, 1977

Opinion on Section 3, paragraph (3) of the Educational Finance Act.

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

Read full opinion.

October 6, 1977

Opinion on warrants regarding criminal actions.

Requested by The Honorable L. R. Wallace, Magistrate, Cherokee County.

Read full opinion.

October 6, 1977

Opinion on procedure to select members of the Abbeville County Library Board of Trustees under home rule.

Requested by The Honorable Michael S. Gulledge, Member, South Carolina House of Representatives.

Read full opinion.

October 5, 1977

Opinion on county ad valorem property tax on motor vehicles.

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

Read full opinion.

October 3, 1977

Opinion on annual leave and sick leave for the Clerk of the South Carolina House of Representatives (§§ 8–11–40 and 8–11–610, 1976 Code).

Requested by The Honorable Syliva Risher, Clerk of the House of Representatives.

Read full opinion.

October 3, 1977

Opinion on disposal of surplus public library books.

Requested by Attorney at Law, Camden.

Read full opinion.

September 30, 1977

Opinion on authority of the Town of Whitmire to issue stickers for residents of such town to display on vehicle indicating that all municipal taxes due and payable have been paid.

Requested by The Honorable Robert C. Lake, Jr., Member, South Carolina Senate.

Read full opinion.

September 30, 1977

Opinion on whether or not the Lieutenant Governor has the authority to execute documents concerning extradition of fugitives from justice during the temporary absence of the Governor from the State.

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

Read full opinion.

September 30, 1977

Opinion on whether or not a member of the Horry County Election Commission (who was not reappointed by the Governor) can still serve on the Commission.

Requested by The Honorable Ralph H. Ellis, Member, South Carolina Senate.

Read full opinion.

September 29, 1977

Opinion on whether or not the Clerk of Court for Chester has to obtain an auctioneer’s license to auction property and goods pursuant to governmental tax sales and court orders.

Requested by The Honorable J. B. Bankhead, Clerk of Court, Chester.

Read full opinion.

September 28, 1977

Opinion on whether or not the public can review records relating to abandoned property under the provisions of Chapter 17 of Title 27 of the 1976 Code of Laws.

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

Read full opinion.

September 28, 1977

Opinion on the Administrative Procedure Act with respect to Section 37-6-404, Code of Laws of South Carolina (1976).

Requested by the Administrator, South Carolina Department of Consumer Affairs.

Read full opinion.

September 28, 1977

Opinion on whether the City of Liberty fire department may legally answer a rural call when the homeowner has not paid his rural fire protection fee and thereby entered into a contract with the city.

Requested by The Honorable George E. Jackson, Mayor, City of Liberty.

Read full opinion.

September 27, 1977

Opinion on whether or not booking reports kept by your office must be made public under the State’s Freedom of Information Act.

Requested by Mr. J. Stanley Bird, Chief of Police, Myrtle Beach Police Department.

Read full opinion.

September 27, 1977

Opinion on Act 208, Acts of 1975 as amended by Act 618, Acts of 1976 (duties of the Jasper County Board of Assessors).

Requested by Mr. Marvin E. Vaigneur, Administrator, Jasper County Council.

Read full opinion.

September 27, 1977

Opinion on the Administrative Procedure Act with respect to Section 37-6-404 of the South Carolina Code of Laws (1976).

Requested by Mr. Irvin D. Parker, South Carolina Department of Consumer Affairs.

Read full opinion.

September 27, 1977

Opinion on whether or not a magistrate can order the release of a defendant in a noncapital case triable in magistrates’ courts or courts of general sessions without consent of the clerk of court (Section 17-15-10, et seq., of the Code of Laws of South Carolina (1976)).

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

Read full opinion.

September 27, 1977

Opinion on domestication statures relating to lease agreements by domesticated foreign corporation (Sections 33-29-10 et seq.).

Requested by William M. Bruner, Esquire, Attorney at Law.

Read full opinion.

September 27, 1977

Opinion on whether or not the law of South Carolina provide for the importation of alcoholic beverages into South Carolina from outside the continental United States.

Requested by Nicholas P. Sipe, Legal Counsel and Hearing Officer, South Carolina Alcoholic Beverage Control Commission.

Read full opinion.

September 26, 1977

Opinion on constitutionality of Section 27-A of Act No. 1648 of 1968.

Requested by The Honorable James B. Stephen, Member, South Carolina Senate.

Read full opinion.

September 26, 1977

Opinion on eligibility of a person to serve as a member of the county board of education in the county they reside but employed by a school system in another county.

Requested by Henry Summerall, Jr., Acting Attorney, Aiken County Board of Education.

Read full opinion.

September 23, 1977

Opinion on whether or not the Commission on Consumer Affairs comes under the proscriptions of Section 8-13-450 f the South Carolina Code (1976).

Requested by Mr. Harold Trask, Executive Assistant to the Governor, South Carolina.

Read full opinion.

September 23, 1977

Opinion on hiring and firing of the clerk to the Board of Registration (Section 4-9-30 of the 1976 Code).

Requested by Ms. Creola D. Conner, Marion.

Read full opinion.

September 23, 1977

Opinion on whether an amendment to a contract can be recorded when there are no signatures of witnesses to the execution of the document.

Requested by Augustine T. Smythe, Esquire and The Honorable Arthur F. Burton, Register of Mesne.

Read full opinion.

September 22, 1977

Opinion on whether or not the Clerk of Court may admit to bail persons charged with felonies.

Requested by The Honorable Robert H. Orr, Jr., Sheriff, Chester County.

Read full opinion.

September 22, 1977

Opinion on the validity of the Town of Jonesville ordinance which increases the punishment for any violation of the town code from one hundred to two hundred dollars.

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

Read full opinion.

September 21, 1977

Opinion on license requirements for a business machine company (License Tax Ordinance of the City of Conway).

Requested by Ms. Dolores Beverly, Treasurer, City of Conway.

Read full opinion.

September 21, 1977

Opinion concerning special service districts which make non-uniform property assessments within the respective districts.

Requested by Mr. Sol E. Abrams, Chairman, Greenville County Election Commission.

Read full opinion.

September 20, 1977

Opinion on 21 C.F.R., Sections 801-421 (sale of a hearing aid to a patient after examination and evaluation by a chiropractor examiner).

Requested by R. C. Mooneyham, D.C., Clerk, South Carolina Board of Chiropractic Examiners.

Read full opinion.

September 20, 1977

Opinion on the legal status of the Children’s Nature Museum Commission of York County, and whether it is an ‘employer’ within the meaning of South Carolina Code of Laws, Section 9-1-10(5).

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

Read full opinion.

September 19, 1977

Opinion on whether or not the possessor of a winery permit engage in the wholesale and retail sales of wine without obtaining additional licenses.

Requested by Nicholas P. Sipe, Legal Counsel & Hearing Officer, South Carolina ABC Commission.

Read full opinion.

September 19, 1977

Opinion on whether or not he City of Walterboro can employ the daughter of a member of the city council (Section 8-5-10, 1976 Code of Laws of South Carolina).

Requested by The Honorable Elton Culpepper, Mayor, City of Walterboro.

Read full opinion.

September 19, 1977

Opinion on whether or not the Sumter County Council can enact an ordinance regulating junkyards where no comprehensive zoning plan is in effect.

Requested by Joseph T. McElvern, Jr., Sumter County Attorney.

Read full opinion.

September 19, 1977

Opinion concerning the terms of office for the mayor and council of Goose Creek.

Requested by H. N. West, Esquire, Moncks Corner.

Read full opinion.

September 19, 1977

Opinion on Sections 4-19-10 et seq. and 6-11-10 et seq. of the Code of Laws of South Carolina, 1976, to the provisions of Act No. 283 of 1975, the ‘home rule’ legislation.

Requested by Albert Simons, Jr., Esquire, Sinkler Gibbs & Simons, Charleston.

Read full opinion.

September 19, 1977

Opinion on whether or not a church or other religious organization must register under the terms of the South Carolina Solicitation of Charitable Funds Act when contributions are solicited from the public.

Requested by Mr. Eric W. Pantsari, Administrator, Public Charities, Department of State.

Read full opinion.

September 16, 1977

Opinion on the Upper Greenville County Hospital District.

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

Read full opinion.

September 15, 1977

Opinion on the Administrative Procedure Act relating to the South Carolina Council for the Control of Methadone Program for Narcotic Addicts.

Requested by Mr. William L. Belvin, Jr., Secretary, South Carolina Methadone Council, South Carolina Commission on Alcohol and Drug Abuse.

Read full opinion.

September 15, 1977

Opinion on constitutionality of proposed city ordinance on city clerk’s responsibilities to city council and city attorney regarding status of legal services.

Requested by The Honorable E. Hilliard Thomas, Jr., Mayor, City of Abbeville.

Read full opinion.

September 15, 1977

Opinion on exclusive or concurrent jurisdiction of the Family Courts as intended by Act 690 of 1976.

Requested by Mr. Joseph M. McCulloch, Jr., South Carolina Court Administration.

Read full opinion.

September 15, 1977

Opinion on whether or not the Taylors Fire and Sewer District can impose two different tax millages within its service area.

Requested by Leo H. Hill, Esquire, City Attorney, Greer.

Read full opinion.

September 15, 1977

Opinion on whether a citizen who is on church property with permission may lawfully be arrested for loitering under Town of Cowpens Ordinance 3-22.

Requested by Mr. Robert L. Stoddard, Moore, Stoddard and Stoddard.

Read full opinion.

September 15, 1977

Opinion on whether security guard services for the Richland County Airport Commission must be obtained upon public bids.

Requested by The Honorable Harold E. Taylor, Member, South Carolina House of Representatives.

Read full opinion.

September 14, 1977

Opinion on dual office holding (serve as Mayor of North Charleston and as a member of the South Carolina Interagency Council on Public Transportation).

Requested by Mr. Harold E. Trask, Jr., Executive Assistant, Office of the Governor.

Read full opinion.

September 14, 1977

Opinion on the proper number of signatures required for an annexation petition of property owned by a governmental or religious body.

Requested by Mr. James Verner, Newberry.

Read full opinion.

September 13, 1977

Opinion on whether or not a winery permit is required for a wine warehouse.

Requested by Nicholas P. Sipe, Legal Counsel and Hearing Officer, South Carolina Alcoholic Beverage Control Commission.

Read full opinion.

September 12, 1977

Opinion on the “no situs” provision of Section 12-37-1110 et seq. of the 1976 Code of Laws by Section 3 of Article 10 of the South Carolina Constitution.

Requested by The Director, Property Tax Division.

Read full opinion.

September 12, 1977

Opinion on definition of “without loss of pay” when used in Sections 25–1–2250 and 8–7–90 of the 1976 Code of Laws of South Carolina.

Requested by Joseph D. Shine, Deputy Corporation Counselor, Charleston.

Read full opinion.

September 12, 1977

Opinion on amendment to Article 10 of the South Carolina Constitution (Article 7 of Chapter 37 of Title 12, personal property in transit).

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

Read full opinion.

September 12, 1977

Opinion on the filing and indexing of deeds, mortgages, judgments, etc. in the Office of the Clerk of Court for Beaufort County.

Requested by The Honorable W. Henry Jackson, Clerk of Court, Beaufort County.

Read full opinion.

September 9, 1977

Opinion on whether a town, which does not have a comprehensive building code, may prohibit the use of mobile homes within the corporate limits.

Requested by James P. Harrelson, Town Attorney, Town of Edisto Beach.

Read full opinion.

September 9, 1977

Opinion on whether or not the Anderson County Council has the authority to raise the fees charged by the Anderson County Probate Judge.

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

Read full opinion.

September 9, 1977

Opinion on whether or not the county legislative delegation or the county council is to determine the budget for the operation of the delegation’s office.

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

Read full opinion.

September 9, 1977

Opinion on exclusive or concurrent jurisdiction of the family courts as intended by Act 690 of 1976.

Requested by Mr. Joseph M. McCulloch, Jr., South Carolina Court Administration.

Read full opinion.

September 9, 1977

Opinion on elimination of Grade Crossings in and near the City of Greenwood.

Requested by William K. Charles, City Attorney, City of Greenwood.

Read full opinion.

September 9, 1977

Opinion on the composition of the Regional Council’s Board of Directors.

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

Read full opinion.

September 8, 1977

Opinion on whether or not the S.C. Industrial Commission may furnish BCBS of SC information concerning individual claims for benefits under the S.C. Workmen’s Compensation Act.

Requested by Robert C. Lake, Jr., Attorney at Law.

Read full opinion.

September 8, 1977

Opinion on whether or not the parents of a juvenile charged with a criminal offense are financially responsible for retaining private counsel for their child.

Requested by The Honorable David H. Maring, Chief Judge, The Family Court of the Fifteenth Judicial Circuit.

Read full opinion.

September 8, 1977

Opinion on whether or not the Freedom of Information Act requires disclosure of how each school board member voted in executive session.

Requested by E. P. Riley, Attorney for the Greenville County School District.

Read full opinion.

September 8, 1977

Opinion on York County Council on Alcoholism and Drug Abuse.

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

Read full opinion.

September 8, 1977

Opinion on the statutory procedure for the appointment of the members of the Lexington County Recreation District and the Irmo-Chapin Recreation District.

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

Read full opinion.

September 7, 1977

Opinion on dismissing criminal cases for lack of prosecutions in magistrate courts.

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

Read full opinion.

September 7, 1977

Opinion on dual office holding (serve as member of the Statewide Health Coordinating Council as a local school district trustee).

Requested by Ms. Barbara A. Jackson, Statewide Health Coordinating Council.

Read full opinion.

September 6, 1977

Opinion on whether or not Act No. 189 of 1973 (58 Stat. 217 (1973)) is a constitutional enactment in light of the provisions of Act No. 283 of 1975, the ‘home rule’ legislation.

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

Read full opinion.

September 6, 1977

Opinion on obstruction of justice.

Requested by The Honorable Donald V. Myers, Solicitor, Eleventh Judicial Circuit.

Read full opinion.

September 2, 1977

Opinion on whether or not a college degree is a prerequisite for eligibility for the position of probation counselor (Section 14–21–340(b)(1), Code of Laws of South Carolina (1976)).

Requested by Mr. John S. Parton, Acting Director, O.C.J.P., Office of the Governor.

Read full opinion.

September 2, 1977

Opinion on whether or not a corporation or partnership that has been issued a certificate of authorization to engage in the practice of landscape architecture use the title ‘landscape architects’ in advertisements or on letterheads, business cards, etc.

Requested by Mr. Henry P. Fulmer, Deputy Executive Director.

Read full opinion.

September 2, 1977

Opinion on whether or not the City Council of Whitmire has authority to require the County Treasurer to withhold the issuance of the 406 Form until city taxes are paid.

Requested by T. William Hunter, Esq., Newberry County Attorney.

Read full opinion.

September 1, 1977

Opinion on whether the board of trustees of a constituent district in Charleston County can permit a student residing in that district to attend a middle school located in an adjoining constituent district.

Requested by The Honorable Ferdinan B. Stevenson and Robert R. Woods, Members, South Carolina House of Representatives.

Read full opinion.

September 1, 1977

Opinion on legislative review of agency regulations (Section 13(b) of Act No. 123 of 1977 comply with the provisions of Act No. 176 of 1977).

Requested by The Honorable James M. Waddell, Jr., Chairman, S. C. Coastal Council.

Read full opinion.

September 1, 1977

Opinion on candidate for municipal office.

Requested by Mr. S.L. Gregory.

Read full opinion.

August 31, 1977

Opinion on a grievance by clerical personnel of the board of registration.

Requested by William H. Seals, Esquire, Marion County Attorney.

Read full opinion.

August 30, 1977

Opinion on allocation of funds of Greenville County to municipalities and special service districts.

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

Read full opinion.

August 26, 1977

Opinion on whether or not it is proper for a private bonding company to place a defendant back in police custody and thereby be discharged of its obligations when the defendant has not violated any of the conditions of the bond.

Requested by The Honorable Donald V. Myers, Solicitor, Eleventh Judicial Circuit.

Read full opinion.

August 26, 1977

Opinion on whether or not all vehicles stop when meeting or overtaking church operated buses which are stationary and loading and unloading passengers.

Requested by Mr. Paul W. Cobb, Chief Highway Commissioner.

Read full opinion.

August 25, 1977

Opinion on whether or not the Governor or the Attorney General is empowered to provide legal assistance to developmentally disabled persons in administrative or court actions against State agencies or employees.

Requested by Mr. Robert D. Spencer, Chairman, Protection and Advocacy Committee, South Carolina Developmental Disabilities Council.

Read full opinion.

August 25, 1977

Opinion on review of a contract between the South Carolina Arts Commission, film producer and film processor.

Requested by Mr. Dick Goldberg, South Carolina Arts Commission.

Read full opinion.

August 24, 1977

Opinion on Code of Laws of South Carolina § 23–3–130 (1976).

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

Read full opinion.

August 24, 1977

Opinion on jury selection in Magistrate’s Court in Aiken County.

Requested by Honorable Lester L. Chitty, Magistrate, Aiken County.

Read full opinion.

August 24, 1977

Opinion on whether auxiliary police officers are empowered to make arrests, carry weapons, or operate police equipment without prior certification from the South Carolina Law Enforcement Training School.

Requested by Mr. William D. Byars, Town Administrator, Blacksburg.

Read full opinion.

August 24, 1977

Opinion on the applicability of the provisions of Lee County Ordinance Part IV, Section 4.16 to the Lee County Treasurer and his employees.

Requested by The Honorable Ray Alexander, Jr., Member, Lee County Council.

Read full opinion.

August 23, 1977

Opinion on whether or not Rule 92 of the Circuit Court Rules abrogate the Section 15–49–30 of the South Carolina Code of Laws establishing a five dollar handling charge on a petition for a change of name.

Requested by Mr. Joseph M. McCulloch, Jr., South Carolina Court Administration.

Read full opinion.

August 23, 1977

Opinion on whether the City of Dillon can contract with several local, non-profit recreational organizations for the purpose of providing specified recreational programs and activities for the City.

Requested by Mr. John M. Holpe, City Manager, City of Dillon.

Read full opinion.

August 23, 1977

Opinion on whether or not a speech pathologist or audiologist employed by a State agency would be personally liable in a potential malpractice lawsuit.

Requested by Department of Rehabilitative Sciences, South Carolina State College.

Read full opinion.

August 23, 1977

Opinion on the legal effect of the territorial overlap of the Atkins drainage district and Back Swamp Watershed Conservation District.

Requested by Mr. F. G. Scurry, Director for Conservation Districts, South Carolina Land Resources Conservation Commission.

Read full opinion.

August 23, 1977

Opinion on the propriety of the Arts Commission using the bulk mail permit of an incorporated nonprofit corporation which carries on some of the Commission’s work.

Requested by Mr. Dick Goldberg, South Carolina Arts Commission.

Read full opinion.

August 23, 1977

Opinion on change of counsel for Marlboro County.

Requested by Harry Easterling, Esquire, Bennettsville.

Read full opinion.

August 23, 1977

Opinion on York County Council on alcohol and drug abuse.

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

Read full opinion.

August 22, 1977

Opinion on the legal status of the Laurens County Water Resources Commission, and whether it 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.

August 19, 1977

Opinion on whether or not Section 25–1–3090, Code of Laws of South Carolina (1976), authorizes commanding officers to impose non-judicial punishment under Article 15, Uniform Code of Military Justice.

Requested by Colonel William H. Shackelford, Command Administrative Officer, Office of the Adjutant.

Read full opinion.

August 19, 1977

Opinion on legal advertisement in publications.

Requested by Jasper M. Cureton, Richland County Master In Equity.

Read full opinion.

August 19, 1977

Opinion on whether or not a county is authorized to engage in long-term borrowing in general and to effect a thirty-year loan from the Farmers Home Administration.

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

Read full opinion.

August 19, 1977

Opinion on coroner’s warrant and coroner’s commitment forms.

Requested by The Honorable Willson M. Williams, Coroner, Georgetown County.

Read full opinion.

August 18, 1977

Opinion on job reclassification in the Fire Marshall’s office.

Requested by The Honorable Alex Harvin, III, Member, South Carolina House of Representatives.

Read full opinion.

August 18, 1977

Opinion on the law concerning threats.

Requested by Honorable William H. Conner, Jr., Assistant Solicitor, Twelfth Judicial Circuit.

Read full opinion.

August 17, 1977

Opinion on whether a veteran’s residence is exempted by reason of Section 65-1585 of the 1962 Codes of Laws.

Requested by The Honorable Gerald W. Burnett, Deputy Comptroller General.

Read full opinion.

August 16, 1977

Opinion on whether or not the Ethics Commission has the authority to fine or recommend a fine for an individual upon finding that a violation of the State Ethics Act occurred.

Requested by Mr. Gary R. Baker, Executive Director, State Ethics Commission.

Read full opinion.

August 16, 1977

Opinion on conflict of interest.

Requested by The Honorable Patrick B. Harris, Member, South Carolina House Legislative Ethics Committee.

Read full opinion.

August 15, 1977

Opinion on the method by which South Carolina sheriffs can be empowered to accept bond for traffic violations.

Requested by Mr. Bobby Richardson, Coordinator, Highway Safety Program, Office of the Governor.

Read full opinion.

August 15, 1977

Opinion on what constitutes a dependency action within the meaning of Section III, Article III, Act 690 of 1976.

Requested by Mr. Louis L. Rosen, Assistant Director, S. C. Court Administration.

Read full opinion.

August 15, 1977

Opinion on whether the South Carolina Coastal Council’s authority to issue permits under Act No. 123 of 1977 extend to fresh water as well as saline tidelands as defined in the Act.

Requested by Mr. C. Claymon Grimes, Jr., Member, South Carolina Coastal Council.

Read full opinion.

August 12, 1977

Opinion on whether or not a physician assistant can legally write patient care orders in a hospital.

Requested by Mr. Nathaniel B. Heyward, Executive Director, State Board of Medical Examiners.

Read full opinion.

August 12, 1977

Opinion on whether or not a licensed physician is prohibited from practicing physical therapy.

Requested by Mr. Nathaniel B. Heyward, Executive Secretary, State Board of Medical Examiners for South Carolina.

Read full opinion.

August 12, 1977

Opinion on taxation of agricultural lands, title and possession of a trustee (Act 208, Acts of 1975 as amended by Act 618 of 1976).

Requested by Alvin L. McElveen, Jr., Esquire, Attorney for Berkeley County.

Read full opinion.

August 12, 1977

Opinion on adoption of a hiring policy by the Board of Trustees of Dorchester School District #2 regarding new teachers or other staff members who are related within the second degree to current members of the Board or the District office.

Requested by Ms. Bonita T. Cutler, Board Policy Committee, Board of Trustees of Dorchester School District #2.

Read full opinion.

August 12, 1977

Opinion on whether or not the Anderson County Council is authorized to determine the tax millage to be levied for the operation of the Anderson County Board of Education.

Requested by Jack F. McIntosh, Esquire, Anderson.

Read full opinion.

August 11, 1977

Opinion on eligibility for service of a family court judge prior to July 1, 1977 in the retirement system for justices of the Supreme Court and judges of the circuit courts.

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

Read full opinion.

August 10, 1977

Opinion on the use of minors in making purchases of intoxicants for the purpose of arresting the seller of such liquors.

Requested by The Honorable John H. Ball, Chief of Police, Charleston Heights.

Read full opinion.

August 10, 1977

Opinion on disposition of money found by a citizen and turned over to police department and citizen requesting return of unclaimed money.

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

Read full opinion.

August 10, 1977

Opinion as to the alteration of ward and precinct lines in Anderson.

Requested by Richard Ruhle, Esquire, Anderson.

Read full opinion.

August 10, 1977

Opinion on whether or not the Spartanburg City Council can enact an ordinance providing for the payment of travel and lodging expenses for the spouses of city council members.

Requested by Mr. E. Lewis Miller, Spartanburg City Council.

Read full opinion.

August 10, 1977

Opinion on August 7, 1977 opinion whether or not the City of Spartanburg can engage in the business of installing am monitoring alarm systems in the homes and businesses of private citizens.

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

Read full opinion.

August 10, 1977

Opinion on interpretation of the phrase “commenced a use” relating to Section 13(c), Act No. 123 of 1977.

Requested by The Honorable James M. Waddell, Chairman, South Carolina Coastal Council.

Read full opinion.

August 10, 1977

Opinion on break open bingo.

Requested by A. J. Adams, Jr., Major, USAF, Staff Judge Advocate, Charleston Air Force Base.

Read full opinion.

August 10, 1977

Opinion on possible action against writer of threatening letter.

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

Read full opinion.

August 10, 1977

Opinion on leaving blank arrest warrants to be used at the discretion of the Police Chief.

Requested by The Honorable John Cofer, Mayor, Town of Wagener.

Read full opinion.

August 9, 1977

Opinion on last paragraph of Act 238 relating to unlicensed personnel performing certain acts of nursing.

Requested by Ruth Q. Seigler, R.N., Executive Director, State Board of Nursing.

Read full opinion.

August 9, 1977

Opinion on malpractice liability of Speech Pathologists/Audiologists employed in public institutions.

Requested by Dr. Harold Powell, Chairman, Department of Rehabilitative Sciences, South Carolina State College.

Read full opinion.

August 8, 1977

Opinion on dual office holding (serves as a member of a board of trustees of a school and serves as a member of the Agricultural Stabilization Committee).

Requested by The Honorable John W. Matthews, Jr., Member, South Carolina House of Representatives.

Read full opinion.

August 8, 1977

Opinion on whether the South Carolina High School League can require all high school athletes to have physical examinations prior to competing in interscholastic contests.

Requested by Mr. Lawrence B. Graves, Executive Secretary, South Carolina High School League.

Read full opinion.

August 8, 1977

Opinion on whether Special Deputies, State Constables, Special Police, Security Guards and Auxiliary Police have the authority to carry weapons and make arrests.

Requested by Mr. Kenneth H. Davis, Director of Public Safety.

Read full opinion.

August 8, 1977

Opinion on whether building permits issued by municipalities have to meet the minimum requirements of the Tax Commission, and can a municipality exempt a person from obtaining such a permit that would be required to obtain one under county jurisdiction.

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

Read full opinion.

August 7, 1977

Opinion on whether or not the City of Spartanburg can engage in the business of installing and monitoring alarm systems in the homes and businesses of private citizens.

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

Read full opinion.

August 5, 1977

Opinion on what items in a public employee’s personnel file are required to be released under the Freedom of Information Act.

Requested by Director, State Personnel Division.

Read full opinion.

August 4, 1977

Opinion on whether municipal law enforcement officers can serve civil papers.

Requested by Mr. John Bethea, Town Administrator, Town of Central.

Read full opinion.

August 3, 1977

Opinion on distribution of fees collected in Probate Courts (retained by the collecting official or are they paid over to the county for such use as the county sees fit).

Requested by Mr. L. Edmund Atwater, III, Director, S. C. Court Administration.

Read full opinion.

August 3, 1977

Opinion on an attorney’s duty to disclose possibility of Catawba Indians’ Claims against York County Property.

Requested by C. W. F. Spencer, Jr., Esquire, Rock Hill.

Read full opinion.

August 3, 1977

Opinion on whether the Assessor’s Office can refuse to endorse a deed if the description of the property is so ambiguous that it could not be distinguished from another parcel.

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

Read full opinion.

August 2, 1977

Opinion on whether the Mayor and Alderman, who serve as members of the Charleston Commission of Public Works, have the power to vote along with the other Commissioners when making Commission decisions.

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

Read full opinion.

August 1, 1977

Opinion on whether or not a registered nurse is under the supervision of a physician when piercing ears.

Requested by Cathy Ragsdale, R. N., Program Nurse Consultant, State Board of Nursing for South Carolina.

Read full opinion.

August 1, 1977

Opinion on the terms of office of the Goose Creek mayor and members of council.

Requested by H. N. West, Esquire, Moncks Corner.

Read full opinion.

August 1, 1977

Opinion on the budget for the Solicitor’s Office in Florence County.

Requested by The Honorable R. L. Poston, Chairman, Florence County Council.

Read full opinion.

August 1, 1977

Opinion on whether or not the Beaufort County Council is authorized to provide general county funds to Hilton Head Hospital.

Requested by Ladson F. Howell, Esquire, Beaufort County Attorney.

Read full opinion.

August 1, 1977

Opinion on if the Legislative Delegation or the local county council would recommend appointments to the Pickens County Election Commission.

Requested by The Honorable Harris P. Smith, 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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