Archive for the ‘1978 Opinions’ Category

December 29, 1978

Opinion on taxation of mobile homes of non-resident military personnel.

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

Read full opinion.

December 29, 1978

Opinion on armed forces, education.

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

Read full opinion.

December 27, 1978

Opinion on homestead exemption – qualifying ownership date for surviving spouse.

Requested by The Honorable John E. Roberts, Jr., Chester County Auditor.

Read full opinion.

December 22, 1978

Opinion on whether an appointed Deputy Coroner in Lexington County, who receives no compensation from the County, is entitled to Workmen’s Compensation coverage.

Requested by Mr. Douglas K. Shueler, State Workmen’s Compensation Fund.

Read full opinion.

December 22, 1978

Opinion on proposed contract with Metropolitan Insurance Company.

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

Read full opinion.

December 21, 1978

Opinion on state agencies.

Requested by the Director, Division of Motor Vehicle Management.

Read full opinion.

December 21, 1978

Opinion on 60 STAT. Act No. ___ (R417, H3508), 1978.

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

Read full opinion.

December 20, 1978

Opinion on “High Times” magazine (Section 44-53-520, Code of Laws of South Carolina, 1976).

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

Read full opinion.

December 20, 1978

Opinion on copy of grievance proceedings transcript under the Freedom of Information Act.

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

Read full opinion.

December 18, 1978

Opinion on HR 2011 (payments authorized by the resolution could be made).

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

Read full opinion.

December 18, 1978

Opinion on whether private degree granting institutions chartered by the Secretary of State prior to 1953 must be licensed by the Commission on Higher Education.

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

Read full opinion.

December 18, 1978

Opinion on the power of a county council to regulate uses of the foreshore (the area between mean high and mean low water mark on tidal beaches) as well as the waters below mean low water.

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

Read full opinion.

December 18, 1978

Opinion on certain county officers and court employees are exempt from jury duty in civil and criminal cases is applicable to coroner’s juries (Section 14-7-820, Code of Laws of South Carolina, 1976).

Requested by Mr. Roger A. Smith, Coroner, County of Spartanburg.

Read full opinion.

December 18, 1978

Opinion on Saluda County Members on area advisory council.

Requested by The Honorable Edith C. Padget, Clerk of Court, Saluda County.

Read full opinion.

December 15, 1978

Opinion on whether lay persons (non-licensed attorneys) can represent individuals, partnerships or corporations before the public service commission.

Requested by Mr. Henry G. Yonce, Vice Chairman, South Carolina Public Service Commission.

Read full opinion.

December 15, 1978

Opinion on Governor’s authority to suspend an officer for a crime of moral turpitude and appoint an officer to serve in the place of the suspended official pending his trial (Article VI, Section 8, South Carolina Constitution; Section 8-1-100, Code of Laws, 1976).

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

Read full opinion.

December 14, 1978

Opinion on what disciplinary action can the county council take against an appointed official that does not cooperate with the county council.

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

Read full opinion.

December 13, 1978

Opinion on criminal bad check statute (Section 34-11-60, Code of Laws of South Carolina, 1976).

Requested by Sindney S. Riggs, III, Assistant Solicitor, Eleventh Judicial Circuit.

Read full opinion.

December 12, 1978

Opinion on proposed changes to Winthrop College’s employee manual.

Requested by Lois J. Ely, College Counsel, Winthrop College.

Read full opinion.

December 12, 1978

Opinion on nolle prosequi, criminal identification and investigation.

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

Read full opinion.

December 11, 1978

Opinion on property tax relief for privately-owned public-use airports (Article X, Section 3 of the South Carolina Constitution, as amended).

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

Read full opinion.

December 11, 1978

Opinion on the proviso in the 1978-1979 General Appropriations Act for the automatic establishment of a 975 score on the National Teacher’s Examination.

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

Read full opinion.

December 8, 1978

Opinion on the administration of medical assistance by firefighters (Section 15-1-310 of the Code of Laws of South Carolina).

Requested by Mr. Thomas E. Forrester, Fire Chief, Boiling Springs Fire District.

Read full opinion.

December 8, 1978

Opinion on whether or not a county ordinance must be acted upon by the newly constituted council de novo.

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

Read full opinion.

December 7, 1978

Opinion on public records.

Requested by Director, South Carolina Department of Archives and History.

Read full opinion.

December 7, 1978

Opinion on whether a spouse qualifies for the Homestead Exemption regarding property tax.

Requested by The Honorable Laura J. Cone, Allendale County Auditor.

Read full opinion.

December 6, 1978

Opinion on magistrate, bail (Sections 17-15-10 and 22-5-510, 1976 Code of Laws of South Carolina).

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

Read full opinion.

December 6, 1978

Opinion on the Defense of Indigents Act (Section 17-3-80, 1976 Code of Laws of South Carolina).

Requested by The Honorable L. Edmund Atwater, III, Director, South Carolina Court Administration.

Read full opinion.

December 6, 1978

Opinion on health insurance coverage premiums for terminated employees (Section 38-35-946(3), 1976 Code of Laws of South Carolina)).

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

Read full opinion.

December 6, 1978

Opinion on indigents, courts.

Requested by The Honorable L. Edmund Atwater, III, Director, South Carolina Court Administration.

Read full opinion.

December 5, 1978

Opinion on vice activities, Myrtle Beach (Section 52-15-10 of the 1976 Codes of Laws of South Carolina).

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

Read full opinion.

December 5, 1978

Opinion on whether an accused individual may deposit money in lieu of recognizance (Section 22-5-530, 1976 Code of Laws of South Carolina).

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

Read full opinion.

December 5, 1978

Opinion on magistrates issuing warrants, conducting bail proceedings and holding preliminary examinations for municipal courts in Sumter County.

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

Read full opinion.

December 5, 1978

Opinion on whether a magistrate has authority to dismiss a case when the arresting officer failed to appear for trial at the scheduled time.

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

Read full opinion.

December 4, 1978

Opinion on whether a city police officer, can act as a prosecuting officer or prosecuting attorney in cases tried in the city recorder’s court.

Requested by Cyrus T. Sloan, III, Esquire, Marion.

Read full opinion.

December 4, 1978

Opinion on the procedure by which the terms of office of the members of the Greenville County Council are to be determined (Section 4-9-90, Code of Laws of South Carolina, 1976).

Requested by The Honorable J. Leon Rampey, Member, South Carolina House of Representatives.

Read full opinion.

December 1, 1978

Opinion on whether the County Commissioners of Election can conduct and supervise all elections for members of the Board of Trustees of the respective school districts in Lexington County.

Requested by Mr. Samuel H. Hendrix, Chairman, Registration & Elections Commission.

Read full opinion.

December 1, 1978

Opinion on the meaning of the term ‘value’ as used to determine percentage of ownership in Section 27-31-60(2), S.C. Code, 1976, the State Horizontal Property Act.

Requested by David E. Martin, Staff Attorney, South Carolina Real Estate Commission.

Read full opinion.

December 1, 1978

Opinion on the Litter Control Act of 1978.

Requested by Mr. Cecil S. Seigler, Deputy Commissioner of Administration, S.C. Department of Health and Environmental Control.

Read full opinion.

December 1, 1978

Opinion on city elections.

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

Read full opinion.

November 30, 1978

Opinion on property tax – Homestead Exemption.

Requested by The Honorable Robert R. Able, Auditor for Saluda County.

Read full opinion.

November 30, 1978

Opinion on lobbyists – health systems agencies.

Requested by Mr. J. Richard Coney, Deputy Commissioner, Office of State Health Planning & Development.

Read full opinion.

November 30, 1978

Opinion on retirement status of a solicitor.

Requested by Mr. Eugene C. Garvin, Director, Budget Development, State Auditor’s Office.

Read full opinion.

November 28, 1978

Opinion on the propriety of the State Treasurer investing state funds in U.S. Treasury Notes (Section 11-13-30 of the 1976 Code of Laws of South Carolina).

Requested by The Honorable T.L. Hughston, Jr., Member, South Carolina House of Representatives.

Read full opinion.

November 28, 1978

Opinion on expungement of criminal records (Section 17-1-40, South Carolina Code of Laws, 1976).

Requested by Peter Peletz, Jr., Esquire, Paterson.

Read full opinion.

November 28, 1978

Opinion on the authority of a school advisory council (Section 59-20-60(3)(b), Code of Laws of South Carolina, 1976).

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

Read full opinion.

November 28, 1978

Opinion on status of the South Carolina Highway Employees’ Federal Credit Union and whether it is an ‘employer’ within the meaning of Section 9-1-10(4) of the 1976 Code of Laws.

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

Read full opinion.

November 28, 1978

Opinion on possible consequences of a member of the House of Representatives refuses to be sworn in at the time of the constitutionally required reorganization meeting (S.C. Constitution, Article III, Sections 9 and 10 of the South Carolina Constitution).

Requested by The Honorable Jean Hoefer Toal, Member, South Carolina House of Representatives.

Read full opinion.

November 27, 1978

Opinion on release of public information under the Freedom of Information Act.

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

Read full opinion.

November 27, 1978

Opinion on filling a town council vacancy (Section 5-7-200 of the 1976 Code of Laws of South Carolina, 1976)

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

Read full opinion.

November 27, 1978

Opinion on notice to local news media (Freedom of Information Act).

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

Read full opinion.

November 24, 1978

Opinion on the Freedom of Information Act as revised in 1978.

Requested by Mrs. Suzette C. Bailey, Secretary, The State Migrant Commission.

Read full opinion.

November 24, 1978

Opinion on electing judges.

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

Read full opinion.

November 24, 1978

Opinion on magistrates.

Requested by The Honorable Lois Eargle, Member, South Carolina House of Representatives.

Read full opinion.

November 22, 1978

Opinion on whether or not a member of the Board of Pharmaceutical Examiners can continue to serve on that Board if he leaves the active practice of pharmacy to work in the pharmacy computer field.

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

Read full opinion.

November 22, 1978

Opinion on compensatory time for teaching staff.

Requested by Jack R. Gallagher, Ed. D., Executive Director, South Carolina School for the Deaf and Blind.

Read full opinion.

November 22, 1978

Opinion on whether the South Carolina Real Estate Commission has the authority to enter into a contract with both the United States Department of Housing and Urban Development (HUD) and the National Association of Real Estate License Law Officials (NARELLO).

Requested by The Honorable Fred B. Beall, South Carolina Real Estate Commission.

Read full opinion.

November 21, 1978

Opinion on dentistry, appropriations, fees.

Requested by The Honorable W.T. Putnam, Executive Director, State Budget and Control Board.

Read full opinion.

November 21, 1978

Opinion on term expiration (Article VI, Section 7, South Carolina Constitution).

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

Read full opinion.

November 21, 1978

Opinion on bond coverage (Article VI, Section 7, South Carolina Constitution).

Requested by The Honorable Charlie G. Williams, State Superintendent of Education-elect, Honorable John T. Campbell, Secretary of State-elect, Honorable T. Eston Marchant, Adjutant General-elect, Honorable G. Bryan Patrick, Jr., Commissioner of Agriculture, Honorable Grady L. Patterson, Jr., State Treasurer, and Honorable Earle E. Morris, Jr., Comptroller General.

Read full opinion.

November 21, 1978

Opinion on the constitutionality of proposed legislation creating a Berkeley-Charleston-Dorchester coliseum commission (Article VII, Section 7 of the South Carolina Constitution).

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

Read full opinion.

November 20, 1978

Opinion on whether it is permissible to pay retroactive increases for reclassification, reallocation, promotion or merit increases.

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

Read full opinion.

November 17, 1978

Opinion on gambling, vending machines.

Requested by Nicholas P. Sipe, Esquire, Legal Counsel, Alcoholic Beverage Control Commission.

Read full opinion.

November 17, 1978

Opinion on whether there would be a conflict of interest involving a magistrate’s family member employed by a bonding company which acts as a surety for defendants in Richland County.

Requested by The Honorable Samuel Peay, Magistrate, Columbia.

Read full opinion.

November 16, 1978

Opinion on military armed forces.

Requested by George R. Wise, colonel, GS SCARNG.

Read full opinion.

November 16, 1978

Opinion on magistrates, attorneys.

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

Read full opinion.

November 16, 1978

Opinion on court fees (Sections 14-23-1060 and 23-1-370 of the Code of Laws of South Carolina, 1976).

Requested by E.P. Riley, Esquire, Attorney at Law.

Read full opinion.

November 16, 1978

Opinion on the effect of the federal Equal Credit Opportunity Act (15 U.S.C. § 1691 et seq.) on the Housing Authority’s Single Family Mortgage Purchase Program.

Requested by Mr. L. Steve Mayfield, Executive Director, S.C. State Housing Authority.

Read full opinion.

November 16, 1978

Opinion on magistrates fees (Section 22-7-10, Code of Laws of South Carolina, 1976).

Requested by The Honorable L. Edmund Atwater, III, Director, South Carolina Court Administration.

Read full opinion.

November 16, 1978

Opinion on term limits for Lee County Council members (Section 4-9-90, Code of Laws of South Carolina, 1976).

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

Read full opinion.

November 16, 1978

Opinion on the Greenwood County Commission on Alcohol and Drug Abuse.

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

Read full opinion.

November 16, 1978

Opinion on Freedom of Information Act – laboratory reports.

Requested by Mr. James K. Wilson, Chief Chemist, S.C. Law Enforcement Division.

Read full opinion.

November 15, 1978

Opinion on minibottle revenues with respect to the South Carolina Human Services Project Act (Section 30, part II, Act 644 of 1978).

Requested by the Director, South Carolina on Alcohol and Drug Abuse.

Read full opinion.

November 15, 1978

Opinion on the Florence County school districts (Section 1 of Act No. 49 of 1957 (50 STAT. 52 (1957)).

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

Read full opinion.

November 14, 1978

Opinion on whether the Federal Land Bank is permitted to offer and perform real estate appraisals without being licensed by the South Carolina Real Estate Commission (Section 40-57-40, South Code of Laws, 1976).

Requested by Mr. H.T. Owings, Jr., South Carolina Real Estate Commission.

Read full opinion.

November 13, 1978

Opinion on magistrates, contempt.

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

Read full opinion.

November 13, 1978

Opinion on Secretary of State, Uniform Commercial Code (Article 9 of the UCC).

Requested by Ms. Clara L. Bartlett, Register of Mesne Conveyances for Richland County.

Read full opinion.

November 13, 1978

Opinion on Section 21-15-360.

Requested by The Honorable Bessie Lee Nance, Judge of Probate, Abbeville County.

Read full opinion.

November 13, 1978

Opinion on worthless checks given to Magistrates for payment of fines.

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

Read full opinion.

November 13, 1978

Opinion on Act 182 of the 1977 Acts and Joint Resolutions of South Carolina (hospitals and other medical facilities).

Requested by Mr. Roy McBee Smith.

Read full opinion.

November 13, 1978

Opinion on whether a councilman of a municipality with a population under 1,000 is authorized to issue arrest and search warrants (Section 14-25-90 of the 1976 Code of Laws).

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

Read full opinion.

November 10, 1978

Opinion on school districts.

Requested by the School District Attorney, Camden.

Read full opinion.

November 10, 1978

Opinion on education, teacher aide.

Requested by the School Board Attorney, Beaufort.

Read full opinion.

November 10, 1978

Opinion on whether or not the Department of Social Services is required to provide foster parents with a hearing when the agency decides to remove a child from their home when custody of the child has been granted to the agency by court order.

Requested by Mr. Virgil L. Conrad, Commissioner, South Carolina Department of Social Services.

Read full opinion.

November 10, 1978

Opinion on whether the South Carolina Educational Television Network (SCETV) consent forms between persons over and under 21 years of age should be lowered to 18 years of age.

Requested by Mr. Charles S. Morris, Director of Programming Operations, South Carolina Educational Television Network.

Read full opinion.

November 10, 1978

Opinion on establishing a fire district (Section 4-9-30(5), South Carolina code of Laws, 1976)).

Requested by Mr. Christopher Holmes, c/o The Honorable Gene W. Dukes.

Read full opinion.

November 9, 1978

Opinion on Lakewood Utilities, Inc., franchise.

Requested by The Honorable Marc H. Westbrook, Chairman, Lexington County Council.

Read full opinion.

November 8, 1978

Opinion on the issuance of school bonds under new Article X of the state constitution.

Requested by Marion S. Riggs, Esquire, Rogers, Riggs & Rickenbaker, Manning.

Read full opinion.

November 8, 1978

Opinion on whether the Piedmont Multi-County Mental Retardation Board is a political subdivision of the State of South Carolina..

Requested by Robert M. Erwin, Jr., Esquire, Attorney at Law, Greenweed.

Read full opinion.

November 8, 1978

Opinion on clarification of an opinion regarding payment of salaries to members of the General Assembly (Article 3, Section 9, South Carolina Constitution).

Requested by Ms. Lois Shealy, Clerk of the House, South Carolina House of Representatives.

Read full opinion.

November 6, 1978

Opinion on the Livestock-Poultry Health Division of Clemson University’s authority for charging fees for blood tests of animals (Sections 46-7-10(5)(6) and 47-13-10, Code of Laws of South Carolina, 1976).

Requested by The Honorable James Neely Ashe, Sr., Member, South Carolina House of Representatives.

Read full opinion.

November 6, 1978

Opinion on the interpretation of Section 59-20-50(3), Code of Laws of South Carolina, 1976

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

Read full opinion.

November 6, 1978

Opinion on the propriety of the language drafted by the Department of Health and Environmental Control.

Requested by Mr. John A. McPherson, Jr., Chief Engineer—Finance Division, State Budget and Control Board.

Read full opinion.

November 6, 1978

Opinion on how far from a polling place must a pollwatcher stand.

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

Read full opinion.

November 6, 1978

Opinion on education, school districts.

Requested by State Senator.

Read full opinion.

November 3, 1978

Opinion on property taxes -0 subsequent purchasers from the Farmers Home Administration.

Requested by Thomas O. Lawton, Jr., Esquire, Attorney at Law.

Read full opinion.

November 3, 1978

Opinion on interest – deductibility as an administrative expense for estate tax purposes.

Requested by Director, Estate and Gift Tax Division.

Read full opinion.

November 3, 1978

Opinion on banks and banking.

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

Read full opinion.

November 3, 1978

Opinion on the constitutionality of tax freeze to 1979 level for property owned by persons qualified for the exemption provided by the Homestead Exemption (Section 12-37-250).

Requested by The Honorable Heyward McDonald, Member, South Carolina Senate.

Read full opinion.

November 3, 1978

Opinion on cash payment for hours worked by a state employee on a legal holiday.

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

Read full opinion.

November 3, 1978

Opinion on cash payment for hours worked by a state employee on a legal holiday.

Requested by Mr. William Putnam, Executive Director, S.C. State Budget and Control Board.

Read full opinion.

November 3, 1978

Opinion on the Pee Dee Regional Emergency Medical Services Advisory Council.

Requested by Mr. Steve Asbury, Director, Pee Dee Regional EMS.

Read full opinion.

November 2, 1978

Opinion on whether a member of the Retirement System who served as a member of the Cherokee County Hospital Board may be granted credit for that service.

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

Read full opinion.

November 2, 1978

Opinion on status of the Marion County Library 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.

November 2, 1978

Opinion on dual office holding (county treasurer and run for office for county council).

Requested by Ms. Faye T. Norton, Beaufort.

Read full opinion.

November 2, 1978

Opinion on conduct of elections.

Requested by The Honorable C. Heyward Belser, Chairman, Richland County Election Commission.

Read full opinion.

November 2, 1978

Opinion on whether a municipal officer has the authority to conduct a driver’s license check by standing in the road and stopping all passing cars.

Requested by The Honorable W.F. Turner, Jr., Mayor, Town of Pine Ridge.

Read full opinion.

November 2, 1978

Opinion on the legal status of the Greenwood County Alcohol and Drug Abuse Commission

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

Read full opinion.

November 2, 1978

Opinion on the validity of a walkway relocation on Ocean Boulevard and the sufficiency of a proposed walkway relocation procedure.

Requested by Albert E. Wheless, Esquire, City Attorney for North Myrtle Beach.

Read full opinion.

November 2, 1978

Opinion on the interpretation of a proviso to Section of the 1978-79 State Appropriations Act.

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

Read full opinion.

November 2, 1978

Opinion on the city of Hanahan entering into negotiations with the Federal Government to annex into the city a weapon station.

Requested by Mr. John Bose, Hanahan.

Read full opinion.

November 2, 1978

Opinion on the validity of the Abbeville County Treasurer to work on election night in a clerical capacity and his spouse to serve as a manager of one of the precincts in Abbeville County.

Requested by Mr. Cole L. Strickland, Calhoun Falls.

Read full opinion.

November 1, 1978

Opinion on inclusion of surcharges authorized by the Public Service Commission on customers of the Piedmont Natural Gas company, Inc. as gross income.

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

Read full opinion.

November 1, 1978

Opinion on whether an officer may arrest subject(s) involved in a fist-fight when the officer does not actually see the first-fight.

Requested by J.R. Parham, Chief of Police, Honea Path.

Read full opinion.

November 1, 1978

Opinion on whether the Town Council has the authority to change the Town Auditor at some date other than during the thirty day period following the beginning of the fiscal year.

Requested by The Honorable Carroll Davis, Mayor, Town of Cowpens.

Read full opinion.

October 31, 1978

Opinion on magistrates, warrants.

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

Read full opinion.

October 31, 1978

Opinion on loans, banks and banking.

Requested by H. Dave Whitener, Jr., Attorney at Law.

Read full opinion.

October 31, 1978

Opinion on juries.

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

Read full opinion.

October 31, 1978

Opinion on sales tax – exemption for institutions of higher learning (Section 12-35-550(2), Code of Laws of South Carolina.

Requested by Mr. Reginald U. Smith, Director, Sales and Use Tax Division, South Carolina Tax Commission.

Read full opinion.

October 31, 1978

Opinion on the rules of the State Employee Grievance committee (R-59-5, 1976 Code of Laws of South Carolina; Section 8-17-40 of the 1976 Code of Laws of South Carolina).

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

Read full opinion.

October 30, 1978

Opinion on the legality of sending defendants through the Richland County Pre-Trial Intervention (PTI) Program and in charging these defendants certain fees as a condition of their participation in the program..

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

Read full opinion.

October 27, 1978

Opinion on magistrates conducting bail proceedings for municipal courts in Spartanburg County (Section 14-25-970 of the 1976 Code of Laws of South Carolina).

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

Read full opinion.

October 27, 1978

Opinion on an interpretation of the phrase ‘laying out’ in the definition of the ‘practice of land surveying’ as found in Section 40-21-10(6), Code of Laws of South Carolina (1976).

Requested by Mr. Roland E. Trent, Director of Investigations, South Carolina State Board of Engineering Examiners.

Read full opinion.

October 27, 1978

Opinion on Horry County Dog and Animal Ordinance No. 10-78.

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

Read full opinion.

October 26, 1978

Opinion on whether or not the SC Dept. of Health and Environmental Control acted in violation of its Rule 61-57(IV)(6).

Requested by The Honorable Gonzales S. Waddy, Chairman, James Island Public Service District.

Read full opinion.

October 26, 1978

Opinion on whether the S.C. Board of Examiners in Optometry and Opticianry is eligible for tort insurance and notice of meetings requirements (Section 40-37-60 of the 1976 Code of Laws of South Carolina).

Requested by Mr. Jack S. Folline, President, S.C. Board of Examiners in Optometry & Opticianry.

Read full opinion.

October 26, 1978

Opinion on the shoplifting law.

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

Read full opinion.

October 26, 1978

Opinion on filing of arrest warrants.

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

Read full opinion.

October 25, 1978

Opinion on crime of moral turpitude (Article VI, Section 8, Constitution of South Carolina).

Requested by Vinton D. Lide, Executive Assistant to the Governor.

Read full opinion.

October 25, 1978

Opinion on the definition of dwelling (Section 16-11-10 of the South Carolina Code of Laws, 1976).

Requested by The Honorable J.P. Gable, Sheriff, McCormick County.

Read full opinion.

October 25, 1978

Opinion on whether or not the Calhoun County Historical Commission is authorized to prescribe the duties of its director to set the hours of the historical museum and whether or not the Commission is authorized to set his salary.

Requested by The Honorable L. Marion Gressette, Member, South Carolina Senate.

Read full opinion.

October 24, 1978

Opinion on property tax exemption for manufacturers

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

Read full opinion.

October 23, 1978

Opinion on whether a county council can make a grant of county funds to a town which will then give the funds to a private ambulance company franchised by that town to supply ambulance service therein.

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

Read full opinion.

October 23, 1978

Opinion on whether or not a municipality can require that a vendor whose business is located outside of the corporate limits but makes a ‘one-time’ sale to the municipal government should obtain a business license (Section 5-7-30, Code of Laws of South Carolina, 1976).

Requested by Mr. Dan L. Guffey, Purchasing Specialist, State Appalachian Council of Governments.

Read full opinion.

October 23, 1978

Opinion on the authority and use of equipment by members of the Public Safety Division in the performance of their duties.

Requested by Mr. Edward C. Thomas, Deputy Director of Institutions, Division of Youth Services.

Read full opinion.

October 23, 1978

Opinion on administrative procedure, rules and regulations, statutes.

Requested by M. Inez Moore, Director of Research and Administration, Medical, Military, Public and Municipal Affairs Committee, South Carolina House of Representatives.

Read full opinion.

October 23, 1978

Opinion on property tax exemption for South Carolina Public Railways Commission, assessment for pro rata share of the expense of the Public Service Commission.

Requested by Mr. W.J. Betz, Executive Director, South Carolina Public Railways Commission.

Read full opinion.

October 23, 1978

Opinion on the legality of agricultural commodities sales in the areas zoned for single family residences.

Requested by Richard Ruhle, Esquire, Attorney for Anderson City.

Read full opinion.

October 20, 1978

Opinion on law enforcement – driving under the influence (Section 56–6–2950, Code of Laws of South Carolina (1976).

Requested by A. Ray Goodshall, Esquire, Attorney for Gaffney City.

Read full opinion.

October 20, 1978

Opinion on the codification of county ordinances (5 McQuillin Municipal corporations, Section 16.86 (3rd ed. 1969).

Requested by Furman R. Gressette, Esquire, Attorney for Calhoun County.

Read full opinion.

October 20, 1978

Opinion on the authority of municipal corporations to engage in condemnation proceedings over property beyond the corporate limits of the municipality

Requested by Peter D. Hyman, Esquire, Florence.

Read full opinion.

October 20, 1978

Opinion on the need for licensed engineers or architects to conduct Class A Energy Information Audits under the Energy Conservation and Production Act of 1976.

Requested by Mr. Robert J. Hirsch, Director, Energy Management Office.

Read full opinion.

October 20, 1978

Opinion on the procedures to be used in establishing special service districts within a county (Section 4-9-30(5), and 4-9-10 et. Seq., Code of Laws of South Carolina, 1976).

Requested by James A. Bell, Esquire, Attorney for St. George.

Read full opinion.

October 19, 1978

Opinion on the application of an amendment to Article III, Section 9, of the Constitution of South Carolina.

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

Read full opinion.

October 19, 1978

Opinion on magistrates, municipal courts, juveniles.

Requested by The Honorable Harry C. Walker, Judge, City View Municipal Court.

Read full opinion.

October 19, 1978

Opinion on Act No. 459 (R-521) of the 1978 Acts and Joint Resolutions.

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

Read full opinion.

October 18, 1978

Opinion on whether York County Natural Gas Authority is subject to assessment for overall administrative costs of the operation of the Public Service Commission (Section 58-5-940 of the 1976 Code of Laws of South Carolina).

Requested by Mr. Ernest W. Cooler, Local Government Coordinator, Office of Comptroller General.

Read full opinion.

October 17, 1978

Opinion on the validity of the Board’s ‘industrial site drilling’.

Requested by Mr. Robert E. Leak, Director, State Development Board.

Read full opinion.

October 17, 1978

Opinion on whether or not the Aiken County Council has the authority to enact an ordinance prohibiting the display of pornographic material.

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

Read full opinion.

October 16, 1978

Opinion on the constitutionality of subdividing agricultural land into more than one class (property tax, Article X, Sections 1 and 2).

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

Read full opinion.

October 16, 1978

Opinion on whether the Greenville Airport Commission or the Donaldson Development Commission has responsibility for the development and control of the aviation facilities at the Donaldson Center.

Requested by J. Brantley Phillips, Jr., Esquire, Greenville Airport Commission Attorney and Mr. C.D. Bishop, Chairman, Donaldson Development Commission.

Read full opinion.

October 13, 1978

Opinion on the prosecution of cases in municipal courts.

Requested by Kelly F. Zier, Esquire, North Augusta.

Read full opinion.

October 13, 1978

Opinion on Act No. 1627, Acts and Joint Resolutions of South Carolina, 1972.

Requested by Mr. James Swygert, Chairman, Dorchester County Vocational Education.

Read full opinion.

October 13, 1978

Opinion on the legality and the ramifications to require all employees of the Criminal Justice Academy to work a forty hour work week.

Requested by Mr. Clifford A. Moyer, Executive Director, S.C. Criminal Justice Academy.

Read full opinion.

October 13, 1978

Opinion on whether or not municipal police officers are required to serve court orders (Sections 14-23-440 and 23-15-40 of the 1976 Code of Laws of South Carolina).

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

Read full opinion.

October 12, 1978

Opinion on the right of a State Representative to obtain the names of recipients using the HUD Section 8 Existing Housing Subsidy Program.

Requested by Mr. L. Steve Mayfield, Executive Director, S.C. State Housing Authority.

Read full opinion.

October 12, 1978

Opinion on Rule 1-7(d) of the Rules of the South Carolina Board of Accountancy.

Requested by Mr. R. Larry Kight, Director, S.C. Board of Accountancy.

Read full opinion.

October 12, 1978

Opinion on use of the State House steps, grounds and capitol mall for functions (Section 10-1-30 of the 1976 Code of Laws of South Carolina).

Requested by Mr. Edward M. Craig, Executive Director, Democratic Party of South Carolina.

Read full opinion.

October 11, 1978

Opinion on vice activities (Section 52-15-10 of the 1976 Code of Laws of South Carolina).

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

Read full opinion.

October 11, 1978

Opinion on whether or not a county magistrate can arraign a subject within a given municipality’s jurisdiction when the municipality’s judge is not available.

Requested by Chief Bill Rea, Secretary-Treasurer, Police Chiefs Association of Spartanburg County.

Read full opinion.

October 10, 1978

Opinion on whether a magistrate’s constable can carry a pistol (Section 22-9-180 0f the Code of Laws of South Carolina).

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

Read full opinion.

October 10, 1978

Opinion on whether the Florence County Council can advance money from county general funds to meet the deadline set by the Comprehensive Employment and Training Act payroll in Florence County.

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

Read full opinion.

October 10, 1978

Opinion on municipal police officers.

Requested by Chief Bill Rea, Secretary-Treasurer, Police Chiefs Association of Spartanburg County.

Read full opinion.

October 9, 1978

Opinion on a defendant’s rights concerning bail after a jury has been drawn and sworn in the case (Sections 17–15–10, et seq., South Carolina Code (1976)).

Requested by The Honorable Richard A. Harpootlian, Deputy Solicitor, Fifth Judicial Circuit.

Read full opinion.

October 9, 1978

Opinion on school finance (Section 58-31-100, Code of Laws of South Carolina, 1976).

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

Read full opinion.

October 9, 1978

Opinion on which state agency should be responsible for the enforcement of Act No. 595 of 1978, the Drug Product Selection Act of 1978.

Requested by Ms. M. Inez Moore, Director of Research and Administration, South Carolina House of Representatives.

Read full opinion.

October 9, 1978

Opinion on the State’s Freedom of Information Act.

Requested by Mr. J.P. Howle, Director, Research and Information, Florence Public School District One.

Read full opinion.

October 9, 1978

Opinion on Section 17-7-100 of the 1976 Code of Laws of South Carolina.

Requested by The Honorable Franklin E. West, Sheriff, Charleston County.

Read full opinion.

October 6, 1978

Opinion on disposition of retirement benefits payable to the estate and to the designated beneficiary of a deceased member (Section 21-1-50, 1976 Code of Laws of South Carolina).

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

Read full opinion.

October 6, 1978

Opinion on expenditure of funds by State personnel relating to activities of State institutions of higher learning (Section 123 of the 1977-78 Appropriations Act).

Requested by Mr. Edgar A. Vaughn, Jr., State Auditor.

Read full opinion.

October 6, 1978

Opinion on elections (voting more than once at elections, Section 7-25-110, Code of Laws of South Carolina (1976)).

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

Read full opinion.

October 6, 1978

Opinion on H.4109, Supplemental Appropriations Act (Section 2-7-60 of the 1976 Code of Laws of South Carolina).

Requested by The Honorable Thomas L. Hughston, Jr., Member, South Carolina House of Representatives.

Read full opinion.

October 5, 1978

Opinion on residency requirements for tuition grants of military personnel and their dependents (Section 59-113-20(a) of the Code of Laws of South Carolina (1976)).

Requested by Mr. R. Laine Ligon, Director, Tuition Grants.

Read full opinion.

October 5, 1978

Opinion on letters of guardianship to accept pre-retirement death benefits on behalf of a minor.

Requested by E D. Goodwin, Jr., Comptroller, South Carolina Retirement System.

Read full opinion.

October 5, 1978

Opinion on the date upon which the terms of office expire for three members of the Aiken County Council (Section 4-9-10(e), Code of Laws of South Carolina, 1976).

Requested by John H. Williams, Esquire, Aiken.

Read full opinion.

October 5, 1978

Opinion on concurrent sentences involving fines.

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

Read full opinion.

October 4, 1978

Opinion on whether it is necessary to file a certificate of continuing eligibility with the auditor on the homestead exemption for property tax (Sections 12-37-250 and 12-37-255 of the 1976 Code of Laws of South Carolina).

Requested by Mr. Jack Q. Gerrald, Horry County Auditor.

Read full opinion.

October 4, 1978

Opinion on equality and uniformity of property taxation (Article X, Section 5 of the S.C. Constitution; Section 5-21-220 of the 1976 Code of Laws of South Carolina).

Requested by Paul E. Gault, Jr., Esquire, Attorney for the Town of Fountain Inn.

Read full opinion.

October 4, 1978

Opinion on the 1977 housing finance legislation.

Requested by Mr. L. Steve Mayfield, Executive Director, S.C. State Housing Authority.

Read full opinion.

October 4, 1978

Opinion on whether the Securities Commissioner of South Carolina should be a party plaintiff in a suit on several surety bonds of the broker and its agent (72 CJS, Principal and surety, Section 264).

Requested by Norman W. Stevenson, Esquire, Barnwell, Whaley, Stevenson & Patterson.

Read full opinion.

October 4, 1978

Opinion on the State Ethics Act.

Requested by The Honorable Patrick B. Harris, Chairman, House Legislative Ethics Committee, South Carolina House of Representatives.

Read full opinion.

October 4, 1978

Opinion on whether a city ordinance can restrict the time for the sale of beer and wine to 11 or 12 p.m. (Section 5-7-30, Code of Laws for South Carolina, 1976).

Requested by John W. Fields, Esquire, Seneca.

Read full opinion.

October 3, 1978

Opinion on retirement benefits while simultaneously serving as a public school teacher and member of the General Assembly.

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

Read full opinion.

October 3, 1978

Opinion on the possible retroactive effect of the state supreme court’s decision in U.S.C. v. Batson, decided August 15, 1978.

Requested by Timothy G. Quinn, Esquire, Columbia.

Read full opinion.

October 3, 1978

Opinion on Bill No. H. 3235 (prohibit the killing of domestic animals in decompression chambers).

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

Read full opinion.

October 2, 1978

Opinion on property tax penalties, nulla bona.

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

Read full opinion.

October 2, 1978

Opinion on the State Freedom of Information Act relating to investigative files in the possession of the South Carolina Law Enforcement Division and whether they are subject to disclosure.

Requested by Capt. J. Leon Gasque, South Carolina Law Enforcement Division.

Read full opinion.

October 2, 1978

Opinion on whether it is necessary for a coroner’s jury to view the body in all death cases in Georgetown County.

Requested by Mr. W. McKewn Williams, Coroner, Georgetown.

Read full opinion.

October 2, 1978

Opinion on whether family court judges are included under the sick and annual leave statutes which apply to state employees.

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

Read full opinion.

September 30, 1978

Opinion on school finance (Section 12-45-220, Code of Laws of South Carolina, 1976).

Requested by Attorney, Calhoun County Public Schools.

Read full opinion.

September 29, 1978

Opinion on stage agencies, Dairy Commission.

Requested by Mr. Charles A. Shaw, Director, S.C. Dairy Commission.

Read full opinion.

September 29, 1978

Opinion on the Watershed Conservation District Taxing Authority

Requested by Mr. F.G. Scurry, Assistant Division Director for Soils and Watershed Development.

Read full opinion.

September 29, 1978

Opinion on juvenile restitution programs.

Requested by Mr. Elmer C. Whitten, Jr., Grants and Contracts Review Unit, Office of the State Auditor.

Read full opinion.

September 29, 1978

Opinion on the exemption of certain SLED vehicles from identification requirements for State vehicles.

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

Read full opinion.

September 28, 1978

Opinion on the meaning of “separate charge” in Section 12-35-110 of the Code as amended by Act 623, Acts and Joint Resolutions of 1978.

Requested by Mr. Cyril C. McCrary, Assistant Director, Sales and Use Tax Division.

Read full opinion.

September 27, 1978

Opinion on whether or not records of a polygraph test administered by a SLED polygraph examiner are subject to public disclosure under the Freedom of Information Act.

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

Read full opinion.

September 27, 1978

Opinion on mandatory retirement age for employees at Francis Marion College (Section 9-1-1530, Code of Laws of South Carolina, 1976).

Requested by Mr. N.C. Frederick, Vice President for Business and Finance, Francis Marion College.

Read full opinion.

September 27, 1978

Opinion on whether municipalities have the authority to enter into collective bargaining agreement s with public employees.

Requested by C.W.F. Spencer, Jr., Esquire, Attorney for City of Rock Hill.

Read full opinion.

September 27, 1978

Opinion on whether or not the present kidnapping law of this State would cover the provisions of House Bill No. H.3673 (Section 24-13-450, Code of Laws of South Carolina, 1976)..

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

Read full opinion.

September 27, 1978

Opinion on whether a minor under direction and supervision of law enforcement officers purchase alcoholic beverages to assist in law enforcement activity.

Requested by Nicholas P. Sipe, Esquire, Legal Counsel, S.C. Alcoholic Beverage Control Commission.

Read full opinion.

September 25, 1978

Opinion on recognition of collective bargaining agency by city in police grievance.

Requested by Colonel Altman, Chief of Police, Beaufort.

Read full opinion.

September 22, 1978

Opinion on provider installment payment agreements.

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

Read full opinion.

September 22, 1978

Opinion on a special election in Horry County.

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

Read full opinion.

September 22, 1978

Opinion on dual office holding (teacher in School District Number 1 and serve on the Spartanburg County Board of Education in School District Number 2).

Requested by The Honorable David O. Hawkins, Member, South Carolina House of Representatives.

Read full opinion.

September 22, 1978

Opinion on a petition to nominate a candidate.

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

Read full opinion.

September 21, 1978

Opinion on the South Carolina Freedom of Information Act.

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

Read full opinion.

September 21, 1978

Opinion on whether or not certain conduct would be in harmony with the State Ethics Act.

Requested by Irvin D. Parker, Esquire, Consumer Advocate, Department of Consumer Affairs.

Read full opinion.

September 21, 1978

Opinion on juries for municipal court cases (Section 14-25-440, Code of Laws of South Carolina, 1976)..

Requested by James F. Foster, Chief of Police, Town of Patrick.

Read full opinion.

September 21, 1978

Opinion on public employees, labor relations.

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

Read full opinion.

September 21, 1978

Opinion on whether or not certain information possessed by the Department of Education is subject to public disclosure under the State’s Freedom of Information Act.

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

Read full opinion.

September 21, 1978

Opinion on term of service appointments on the South Carolina Migrant Farmworkers Commission.

Requested by Mrs. Suzette C. Bailey, Secretary, State Migrant Commission.

Read full opinion.

September 21, 1978

Opinion on the State’s Freedom of Information Act.

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

Read full opinion.

September 20, 1978

Opinion on administrative procedure, statutes.

Requested by Henry G. Heriot, Legal Counsel, State Board for Technical and Comprehensive Education.

Read full opinion.

September 20, 1978

Opinion on licensing requirements for auctioneers (Section 40-6-80, Code of Laws of South Carolina, 1976).

Requested by Colonel George P. Pechilis, South Carolina Auctioneer’s Commission.

Read full opinion.

September 20, 1978

Opinion on the legality of deferral charges on the Capitol Credit Plan of Aiken (Section 3.204(2).

Requested by Mr. Emory Hilton, Chief Examiner, Consumer Finance Division, Board of Financial Institutions.

Read full opinion.

September 20, 1978

Opinion on whether the bidding procedures on the Hartsville Armory and Organizational Maintenance Shop were in accordance with State law.

Requested by Major General R.L. McCrady, The Adjutant General, National Guard Armory.

Read full opinion.

September 20, 1978

Opinion on bidding procedures on the Abbeville Armory was in accordance with State law.

Requested by Major General R.L. McCrady, The Adjutant General, National Guard Armory.

Read full opinion.

September 19, 1978

Opinion on whether a school principal is considered a “department head” under the Freedom of Information Act.

Requested by Mr. John C. Cone, Executive Director, South Carolina School Board Association.

Read full opinion.

September 19, 1978

Opinion on the propriety of the State Housing Authority to issue revenue bonds

Requested by Huger Sinkler, Esquire, Sinkler Gibbs & Simons, P.A.

Read full opinion.

September 19, 1978

Opinion on education (Section 59-63-20, Code of Laws of South Carolina, 1976; The Constitution of South Carolina, 1895, Article XVII Section 14).

Requested by T.H. Rawl, Jr., School Board Attorney.

Read full opinion.

September 19, 1978

Opinion on county police officers using county issued weapons while on private security guard assignments.

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

Read full opinion.

September 18, 1978

Opinion on the Register of Mesne Conveyances Office or the Clerk of Court’s Office in Aiken County should record and maintain articles of association.

Requested by Mrs. Virginia R. Eargle, Register of Mesne Conveyances, Aiken County.

Read full opinion.

September 18, 1978

Opinion on the validity of the Isle of Palms City Council’s rescission of their prior formal resolution approving the location of a proposed transportation facility.

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

Read full opinion.

September 15, 1978

Opinion on whether a graduate of Sherman College may practice chiropractic in this State without possessing a valid South Carolina Chiropractic License (Section 40-9-40, Code of Laws of South Carolina, 1976, as amended).

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

Read full opinion.

September 14, 1978

Opinion on whether the Dorchester County Council or the Subdivision Review Board has authority to grant variances to the ‘Design Standard’ restrictions contained in the Subdivision Review Act (Act No. 463 of 1967).

Requested by James A. Bell, Esquire, St. George.

Read full opinion.

September 13, 1978

Opinion on whether a coroner be notified before a body is removed from the scene of the death (Sections 17-7-20 and -50, Code of Laws of South Carolina, 1976).

Requested by Roger A. Smith, Spartanburg County Coroner.

Read full opinion.

September 13, 1978

Opinion on traffic regulations, temporary closing of streets.

Requested by Mr. L.S. Brice, Superintendent, John de la Howe School.

Read full opinion.

September 12, 1978

Opinion on Act R-521 of 1978 (require remittances to the Criminal Justice Academy and to the South Carolina Law Enforcement Hall of Fame Committee, Section 23-23-70 of the 1976 Code of Laws of South Carolina, 1976, as amended).

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

Read full opinion.

September 12, 1978

Opinion on the composition of a committee to investigate the activities and capabilities of one or more employees in the Police Department.

Requested by The Honorable Worth Barnett, Mayor, City of Greer.

Read full opinion.

September 12, 1978

Opinion on bail.

Requested by The Honorable Jack Allison, Cherokee County Magistrate.

Read full opinion.

September 12, 1978

Opinion on indecent exposure and gambling (Sections 16-15-130, 16-19-10, et seq., Code of Laws of South Carolina, 1976).

Requested by The Honorable C.A. Shealy, Jr., Mayor, City of Newberry.

Read full opinion.

September 11, 1978

Opinion on whether a locking blade is considered to be an illegal weapon.

Requested by Ms. Margaret M. Gibson, City Clerk and Treasurer, City of Easley.

Read full opinion.

September 8, 1978

Opinion on part-time doctors and nurses who work for the Department of Health and Environmental Control.

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

Read full opinion.

September 8, 1978

Opinion on the meaning of the term ‘effective date’ in Act No. 76 of 1977 (the Housing Authority Act of 1977).

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

Read full opinion.

September 8, 1978

Opinion on Startex-Jackson-Wellford-Duncan Water District

Requested by Robert L. Stoddard, Esquire, Moore, Stoddard & Stoddard.

Read full opinion.

September 8, 1978

Opinion on whether it is lawful to possess, transport or sell the M19-A Annihilator BB Submachine Gun (Sections 16-23-230 -220 and -240, Code of Laws of South Carolina, 1976).

Requested by Mr. Ernest L. Ellis, South Carolina Law Enforcement Division.

Read full opinion.

September 7, 1978

Opinion on whether or not the disclosure of records made in valid executive session held by a public body is subject to disclosure under the South Carolina Freedom of Information Act.

Requested by Theodore B. Guerard, Esquire, Guerard and Applegate, P.A.

Read full opinion.

September 7, 1978

Opinion on whether or not uniform crime reports collected by SLED are subject to public disclosure under the South Carolina Freedom of Information Act.

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

Read full opinion.

September 7, 1978

Opinion on dual office holding (State Highway Commissioner and a member of the Governor’s Advisory Committee for the Improvement of Workmen’s Compensation Law).

Requested by Pamela A. Meyer, Legislative Aide, Senate Workmen’s Compensation Study Committee.

Read full opinion.

September 7, 1978

Opinion on R472 of 1978 (elections).

Requested by Mr. Clinch Heyward Belser, Chairman, Richland County Election Commission.

Read full opinion.

September 6, 1978

Opinion on teachers’ salaries.

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

Read full opinion.

September 6, 1978

Opinion on retirement benefits.

Requested by Mitchell M. Willoughby, Esquire, Kneece, Kneece & Freeman.

Read full opinion.

September 5, 1978

Opinion on appointment to The Commission on Interstate Cooperation (Section 1-17-10, Code of Laws of South Carolina, 1976).

Requested by The Honorable Lois T. Shealy, Clerk of the House of Representatives.

Read full opinion.

September 5, 1978

Opinion on dual office holding (director of Cooper River parks and Playground Commission and member of the Charleston County School Board).

Requested by The Honorable Arnold S. Goodstein, Member, South Carolina Senate.

Read full opinion.

September 5, 1978

Opinion on whether or not the Edgefield Water and Sewer Authority is authorized to charge a sprinkler head charge on all fire sprinkler systems used within its service area.

Requested by William B. Patrick, Jr., Esquire, Greenwood.

Read full opinion.

September 5, 1978

Opinion on planning commissions (Act No. 487 of 1967, Section 6-7-140, Code of Laws of South Carolina, 1976).

Requested by The Honorable Harriet H. Keyserling, Member, South Carolina House of Representatives.

Read full opinion.

September 1, 1978

Opinion on property tax valuation.

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

Read full opinion.

September 1, 1978

Opinion on lighting for security services (Section 56-5-4700(c), Code of Laws of South Carolina, 1976).

Requested by Mr. David Tucker, President, National Security Co., Inc.

Read full opinion.

August 31, 1978

Opinion on whether the Commission on Higher Education may utilize uniform ratios, factors, and assumptions to distribute state funds equitably among the colleges and universities in South Carolina.

Requested by Dr. Howard R. Boozer, Commission on Higher Education.

Read full opinion.

August 30, 1978

Opinion on whether a civil action in the magistrate court must be brought in the county in which the defendant resides.

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

Read full opinion.

August 30, 1978

Opinion on sterilization of minor (Section 44-47-10 et seq. of the Code of Laws of South Carolina, 1976).

Requested by The Honorable Roddey L. Bell, Judge, Lancaster.

Read full opinion.

August 30, 1978

Opinion on deferred compensation plan of York General Hospital (Section 8-23-10 et seq. of Code of Laws of South Carolina, 1976).

Requested by William F. Drew, Jr., Esquire, Kennedy, Covington, Lobdell & Hickman.

Read full opinion.

August 30, 1978

Opinion on resolutions by the Bennettsville Housing Authority (Section 31-3-390, Code of Laws of South Carolina, 1976).

Requested by Ms. Charlotte Felder, S.C. State Development Board.

Read full opinion.

August 29, 1978

Opinion on notaries public.

Requested by The Honorable Chris Pracht, Member, South Carolina House of Representatives.

Read full opinion.

August 28, 1978

Opinion on Section 40-5-80 of the 1976 South Carolina Code of Laws and Rule 14 of the South Carolina Supreme Court’s Rules for the Examination and Admission of Persons to Practice Law.

Requested by The Honorable Richard A. Harpootlian, Deputy Solicitor, Fifth Judicial Circuit.

Read full opinion.

August 28, 1978

Opinion on interstate compact on juveniles

Requested by Mr. Grady A. Decell, Director, Youth Services.

Read full opinion.

August 28, 1978

Opinion on Section 15-39-880 of the Code of Laws of South Carolina, 1976.

Requested by Chief Deputy W.B. McCaskill, County of Charleston.

Read full opinion.

August 28, 1978

Opinion on elections, Board of Trustees of the Scholl District of Oconee County.

Requested by W.J. Fedder, Esquire, Fedder, Derrick, Ritter & Williams.

Read full opinion.

August 28, 1978

Opinion on whether magistrate’s constables are considered court officers (Rule 9 of the rules of practice for circuit courts and Section 22-9-70 of the Code of Laws of South Carolina, 1976).

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

Read full opinion.

August 25, 1978

Opinion on arrangement of the ballot for voting machines by local election commissions (Sections 7-13-330 and 1-13-1360, Code of Laws of South Carolina, 1976).

Requested by Mr. Matthew Poliakoff, Chairman, Democrat Party of Spartanburg County.

Read full opinion.

August 25, 1978

Opinion on proposed ordinance prohibiting carrying certain concealed deadly weapons (Section 16-23-460, Code of Laws of South Carolina, 1976).

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

Read full opinion.

August 25, 1978

Opinion on whether or not South Carolina has a Home Improvement Law (Sections 40-11-10 and 40-59-10, Code of Laws of South Carolina, 1976).

Requested by Mr. James A. Morkosky, Executive Director, Department of Licensing and Regulation, Baltimore, Maryland.

Read full opinion.

August 25, 1978

Opinion on election, withdrawal of candidacy.

Requested by Mr. Clinch Heyward Belser, Chairman, Richland County Election Commission.

Read full opinion.

August 24, 1978

Opinion on the interpretation of what constitutes a bystander.

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

Read full opinion.

August 24, 1978

Opinion on 1978 House Bill 3569 (R. 478).

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

Read full opinion.

August 24, 1978

Opinion on the South Carolina Private Detective Act

Requested by Sidney S. Riggs, III, Assistant Solicitor, Eleventh Judicial Circuit.

Read full opinion.

August 24, 1978

Opinion on election procedures (Ratification Number 812 of a recent Act).

Requested by John R. Justice, Attorney for Chester County.

Read full opinion.

August 24, 1978

Opinion on placement of clearance and identification lamps on rear of trailers and semitrailers (Section 56-5-4600, Code of Laws of South Carolina, 1976 or federal regulations).

Requested by Colonel W. J. Seaborn, Director of Law Enforcement Public Transportation.

Read full opinion.

August 23, 1978

Opinion on whether reserve officers are permitted to carry pistols while off-duty.

Requested by Edwin J. Hamilton, Chief of Police, Town of Inman.

Read full opinion.

August 23, 1978

Opinion on prescription labels (Section 4 of Act No. 595 of 1978).

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

Read full opinion.

August 23, 1978

Opinion on the payment of a per diem allowance to soil and water conservation district commissioners.

Requested by Mr. John W. Parris, Executive Director, South Carolina Land Resources Conservation Commission.

Read full opinion.

August 21, 1978

Opinion on whether the General Assembly may by special act requires a candidate for the Office of Superintendent of Education of Oconee County to have a Master’s degree.

Requested by The Honorable Robert N. McLellan.

Read full opinion.

August 21, 1978

Opinion on the status of the Aiken County Tax Collector.

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

Read full opinion.

August 18, 1978

Opinion on taxes (Section 4-15-150, Code of Laws of South Carolina, 1976).

Requested by T.W. Hunter, Esquire, Attorney for Newberry County.

Read full opinion.

August 18, 1978

Opinion on whether the General Assembly can enact legislation to amend Section 30-5-10, Code of Laws of South Carolina, 1976, to include Pickens County.

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

Read full opinion.

August 18, 1978

Opinion on appointment of members to the Registration and Elections Commission for Lexington County.

Requested by The Honorable Jarvis R. Klapman, Chairman, Lexington County Delegation.

Read full opinion.

August 16, 1978

Opinion on Section 59-67-420 of the Code of Laws of South Carolina, 1976.

Requested by Mr. R.W. Burnette, Deputy Superintendent, Division of Finance & Operations.

Read full opinion.

August 16, 1978

Opinion on whether students who attend private schools may attend Sumter County Career Center for vocational training.

Requested by Mr. Bobby R. Anderson, Director, Sumter County Career Center.

Read full opinion.

August 16, 1978

Opinion on whether the Mayor Pro Tempore can serve as mayor after the current one resigned or if an election should be held (Section 5-7-190 of the Code of Laws of South Carolina, 1976).

Requested by The Honorable Clyde Smith, Mayor Pro Tempore, Town of Monetta.

Read full opinion.

August 16, 1978

Opinion on dual office holding (county auditor and chairman of the local Republican Party, Section 7-9-100 of the 1976 Code of Laws of South Carolina).

Requested by Mr. Forest Kirby, Aiken.

Read full opinion.

August 15, 1978

Opinion on fingerprinting and photographing of juveniles.

Requested by The Honorable William W. Wilkins, Jr., Solicitor, Thirteenth Judicial Circuit.

Read full opinion.

August 15, 1978

Opinion on election of commissioners of the Spartanburg Sanitary Sewer District.

Requested by Edward P. Perrin, Esquire, Perrin, Perrin & Mann.

Read full opinion.

August 15, 1978

Opinion on Act No. 106, Section 27-39-260 of the Code of Laws of South Carolina, 1976, as amended.

Requested by Michael W. Battle, Esquire, Legal Counsel, Division of General Services.

Read full opinion.

August 14, 1978

Opinion on whether Greenville County Council has authority to recommend for appointment by the Governor members of the Upper Greenville County Hospital District Commission.

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

Read full opinion.

August 14, 1978

Opinion on the illegal practice of accountancy (Section 40-1-350 of the Code of Laws of South Carolina, 1976).

Requested by Mr. R. Larry Kight, Director, South Carolina Board of Accountancy.

Read full opinion.

August 14, 1978

Opinion on property tax exemptions for manufacturers (Section 12-37-225 of the 1976 Code of Laws of South Carolina).

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

Read full opinion.

August 11, 1978

Opinion on health, correctional facilities.

Requested by Jacquelyn S. Dickman, Staff Attorney, S.C. Department of Health & Environmental Control.

Read full opinion.

August 11, 1978

Opinion on what effect the new Freedom of Information Act has on a previous Attorney General’s Opinion issued August 5, 1977, regarding the release of items in a public employee’s personnel file.

Requested by Jack S. Mullins, Ph.D., Director, S.C. Budget & Control Board.

Read full opinion.

August 11, 1978

Opinion on whether a school district can charge tuition fees for students enrolled in that district’s schools who do not reside within the district, but who own property with an assessed value of at least $300.00 in such district (Section 59-63-30 of the Code of Laws of South Carolina, 1976).

Requested by Bruce E. Davis, Esquire, Attorney for Richland County School District No. 2.

Read full opinion.

August 11, 1978

Opinion on the permissibility of the Beaufort County Council re-opening consideration of the fiscal year 1978-79 Tax Levy and Appropriation Ordinance and the necessity of public hearings for such a change.

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

Read full opinion.

August 11, 1978

Opinion on dual office holding (serves on the Governor’s Mansion/Lace House Commission, an official state commission, and on an ad advisory board).

Requested by Mr. Charles F. Lee, State Historic Preservation Officer, S.C. Department of Archives and History.

Read full opinion.

August 10, 1978

Opinion on auctioneer licensing requirements of Act No. 111 (Section 39-19-210, South Carolina Code of Laws, 1976).

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

Read full opinion.

August 10, 1978

Opinion on the effect of In Re Primus on Department of Youth Services’ policies.

Requested by Mr. Grady A. Decell, Director, Department of Youth Services.

Read full opinion.

August 10, 1978

Opinion on dual office holding (Commissioner of the North Charleston Public Service and serve on the Board of Voter Registration in any capacity).

Requested by The Honorable Arnold Goodstein, Chairman, Joint Legislative Delegation.

Read full opinion.

August 10, 1978

Opinion on the validity of Act No. 1768 of the 1972 Acts and Joint Resolutions of South Carolina with respect to provisions of the South Carolina Constitution prohibiting dual office holding.

Requested by James E. Gonzales, Esquire, Attorney for City of North Charleston.

Read full opinion.

August 9, 1978

Opinion on constables, weapons (Sections 22-9-190 and 22-9-200 of the Code of Laws of South Carolina, 1976, as amended).

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

Read full opinion.

August 9, 1978

Opinion on whether an auctioneer’s representation during an auction that he had received a certain bid, when he not received it, all for the purpose of raising the bids at the auction, constitutes a violation of State law.

Requested by Mr. George P. Pechilis, Executive Director, South Carolina Auctioneer’s Commission.

Read full opinion.

August 8, 1978

Opinion on public employees, labor relations.

Requested by Jack S. Mullins, Ph.D., Director, S.C. Budget & Control Board.

Read full opinion.

August 8, 1978

Opinion on fishing and boating rights at a lake owned by the Startex-Jackson-Wellford-Duncan Water District.

Requested by Robert L. Stoddard, Esquire, Moore, Stoddard & Stoddard.

Read full opinion.

August 8, 1978

Opinion on whether an officer, while under suspension on a felony warrant, may carry a weapon.

Requested by The Honorable William Holmes, Mayor, Allendale.

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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