Archive for the ‘1978 Opinions’ Category

August 7, 1978

Opinion on whether a physician assistant is completely precluded from performance of administrative tasks and routine tests on new patients by regulation (Regulation No. 81-100(2) and (7)(a) of State Board of Medical Examiners)).

Requested by Mr. Eugene F. O’Connor, President, South Carolina Academy of Physician’s Assistants.

Read full opinion.

April 28, 1978

Opinion on Section 56-3-690 of the 1976 Code of Laws of South Carolina.

Requested by Colonel W. J. Seaborn, Director of Law Enforcement, South Carolina Department of Highways and Public Transportation.

Read full opinion.

April 28, 1978

Opinion on dual office holding (school teacher and candidate for Florence County Council).

Requested by Mr. L.H. Carter, Jr., Lake City.

Read full opinion.

April 27, 1978

Opinion on Greenville County Ordinance No. 468.

Requested by Ms. Virginia T. Whitmire, Greenville County Treasurer.

Read full opinion.

April 27, 1978

Opinion on Newberry County Magistrates.

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

Read full opinion.

April 26, 1978

Opinion on city ordinance for court costs in the Town of Ravenel.

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

Read full opinion.

April 25, 1978

Opinion on whether the State Employee Grievance Committee has jurisdiction to consider grievance appeals from teachers employed at the S.C. School for the Deaf & Blind.

Requested by Dr. Jack S. Mullins, Director, Personnel Division, Budget & Control Board.

Read full opinion.

April 25, 1978

Opinion on the extent of civil jurisdiction in the magistrate courts.

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

Read full opinion.

April 25, 1978

Opinion on whether the State Employee Grievance Committee has jurisdiction to consider grievance appeals concerning the loss of certain alleged rights and benefits of employment from teachers employed at the S. C. School for the Deaf and Blind.

Requested by Dr. Jack S. Mullins, Director, Personnel Division, Budget & Control Board.

Read full opinion.

April 24, 1978

Opinion on property tax exemptions.

Requested by The Honorable Mary W. Gray, Beaufort County Auditor.

Read full opinion.

April 24, 1978

Opinion on whether a draft letter violates Section 4-9-660, Code of Laws of South Carolina, 1976.

Requested by The Honorable W.D. Grimley and The Honorable Billy E. Taylor, Members, Richland County Council.

Read full opinion.

April 24, 1978

Opinion on dual office holding (Mayor of Walterboro and other county/city officials also serve on Walterboro-Colleton County Airport Commission).

Requested by The Honorable William T. Howell, Member, South Carolina Senate.

Read full opinion.

April 21, 1978

Opinion on the constitutionality of a proposed amendment to House Bill No. 3630.

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

Read full opinion.

April 21, 1978

Opinion on Act No. 926 of 1974.

Requested by The Honorable W. Lewis Wallace, Member, South Carolina Senate.

Read full opinion.

April 21, 1978

Opinion on building codes (Section 6-9-10, et seq.).

Requested by Mr. L.H. Senn, III, Planning Director, Anderson County Planning & Development Board.

Read full opinion.

April 19, 1978

Opinion on Section 8-13-610 of the 1976 Code of Laws of South Carolina.

Requested by The Honorable Patrick B. Harris, Member, South Carolina House of Representatives.

Read full opinion.

April 18, 1978

Opinion on whether a defendant has the right to examine all jurors of their voir dire (Section 22-3-780, Code of Laws of South Carolina, 1976).

Requested by Robert L. Hallman, Esquire.

Read full opinion.

April 18, 1978

Opinion on release of student information.

Requested by Col. James R. Woods, Director, The Citadel.

Read full opinion.

April 14, 1978

Opinion on election nominations by county and State conventions.

Requested by Ms. M. Elizabeth Crum, Staff Counsel, Judiciary Committee.

Read full opinion.

April 14, 1978

Opinion on whether the College of Charleston can enjoy complete membership in the Charleston Higher Education Consortium

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

Read full opinion.

April 14, 1978

Opinion on Charleston Neighborhood Legal Assistance Program, Inc. (Section 40-5-320 of the 1976 South Carolina Code of Laws and Federal Public Laws 93-355 and 95-222).

Requested by M.S. Scheuer, Staff Attorney, Neighborhood Legal Assistance Program, Inc.

Read full opinion.

April 14, 1978

Opinion on whether a new hospital building for York General Hospital is subject to competitive bidding requirements (S1-1-440 and Section 44-7-730 of the 1976 Code of Laws of South Carolina).

Requested by Mr. John M. Spratt, Jr., York.

Read full opinion.

April 14, 1978

Opinion on wills.

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

Read full opinion.

April 13, 1978

Opinion on whether the United Way of the Midlands is a private non-profit corporation (Section 33-31-10, 1976 Code of Laws of South Carolina).

Requested by Mr. Harold Henn, Governors Division of Administration, State House.

Read full opinion.

April 13, 1978

Opinion on dual office holding (public school teacher and serve on the Lee County Council).

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

Read full opinion.

April 13, 1978

Opinion on who constitutes a freeholder in Section 28-9-20 of the South Carolina Code of Laws, 1976.

Requested by B. Monrow Hiers, Esquire, Bamberg.

Read full opinion.

April 13, 1978

Opinion on authority of the Orangeburg Regional Hospital Board of Trustees (Act No. 549 of the Acts and Joint Resolutions of South Carolina, 1955).

Requested by Charlton B. Horger, Esquire, Orangeburg.

Read full opinion.

April 12, 1978

Opinion on the Administrative Procedure Act – Diary Commission Order.

Requested by Mr. Charles A. Shaw, Director, South Carolina diary Commission.

Read full opinion.

April 12, 1978

Opinion on contractors.

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

Read full opinion.

April 12, 1978

Opinion on the service of process (Section 22-3-110 of the Code of Laws of South Carolina).

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

Read full opinion.

April 12, 1978

Opinion on whether the Department of Health and Environmental Control can purchase override policies through the South Carolina Patient Compensation Fund (Section 38-59-110 et seq., of the S. C. Code).

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

Read full opinion.

April 12, 1978

Opinion on the Greenville County Check Clearing House.

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

Read full opinion.

April 11, 1978

Opinion on the Habitual Offenders Act (Section 56-1-1100 of the South Carolina Code of Laws).

Requested by The Honorable William T. Jones, Solicitor, Eighth Judicial Circuit.

Read full opinion.

April 11, 1978

Opinion on wards, precincts (Sections 7-7-10 and 5-15-50, South Carolina Code of Laws, 1976).

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

Read full opinion.

April 11, 1978

Opinion on whether a candidate can hand out campaign material in parking lots of shopping centers or in State office buildings.

Requested by Mr. Carolos W. Gibbons, Greenwood.

Read full opinion.

April 11, 1978

Opinion on involuntary manslaughter.

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

Read full opinion.

April 11, 1978

Opinion on whether a private home can be used as a voting place during elections.

Requested by A. Lawrence Blackwood, Gaffney.

Read full opinion.

April 11, 1978

Opinion on bonds for public officials (Section 5-13-60, Code of Laws of South Carolina, 1976).

Requested by Mr. Leroy C. Mathis, Administrator for Town of Inman.

Read full opinion.

April 11, 1978

Opinion on whether the Hampton County Board of Education has the legal authority to hear an appeal initiated by certain parents regarding a teacher.

Requested by Mr. John W. Dodge, Superintendent, Hampton County Department of Education.

Read full opinion.

April 10, 1978

Opinion on whether the Hampton County Board of Education may review the action of a board of trustees of a school district of Hampton County executing a three year contract of employment with a superintendent of the school district.

Requested by George Warren, Jr., Esquire, County Attorney for Hampton.

Read full opinion.

April 7, 1978

Opinion on defacing, altering or removing manufacturers’ serial numbers from any products.

Requested by Mrs. Terry Caruso, The Kirby Co., Cleveland, Ohio.

Read full opinion.

April 7, 1978

Opinion on whether the party’s county executive committee may reopen the filing period if one of the five candidates should withdraw from the primary (Section 7-13-40 of the South Carolina Code of Laws of 1976).

Requested by Bernard Manning, Esquire, Columbia.

Read full opinion.

April 5, 1978

Opinion on whether a coroner has the authority to order an autopsy or post-mortem examination of an alien found dead in the county without the consent of the embassy or the U. S. State Department (Section 17-7-10 of the South Carolina Code of Laws of 1976).

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

Read full opinion.

April 5, 1978

Opinion on the responsibilities of the Aiken County Treasurer (Section 12-45-200 of the South Carolina Code of Laws of 1976).

Requested by The Honorable Margie H. Plunkett, Aiken County Treasurer.

Read full opinion.

April 5, 1978

Opinion on the payment of fees or a salary for deputies appointed by the coroner (Section 17-5-70 of the 1976 Code of Laws of South Carolina).

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

Read full opinion.

April 5, 1978

Opinion on collection agencies (Fair Debt Collection Practices Act).

Requested by Mr. Al Summerlin, North American Credit Services, Inc., Shawnee-Mission, Kansas.

Read full opinion.

April 5, 1978

Opinion on who is responsible for approving the bounds of constables appointed by the Governor to serve without pay and where such bonds should be filed.

Requested by George R. Hundley, Esquire, Assistant Spartanburg County Attorney.

Read full opinion.

April 5, 1978

Opinion on disability retirement.

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

Read full opinion.

April 4, 1978

Opinion on whether the Greenville County Mental Retardation Board is a county agency or a state agency.

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

Read full opinion.

April 4, 1978

Opinion on dual office holding (Member of the Statewide health Coordinating council and school board trustee).

Requested by Ms. Jacquelyn S. Dickman, Staff Attorney, South Carolina Department of Health and Environmental Control.

Read full opinion.

April 4, 1978

Opinion on whether the Office of the Governor, Division of Administration, is a public agency.

Requested by Mr. Joe Wickel, Director, Office of Community Development, Division of Administration.

Read full opinion.

April 4, 1978

Opinion on whether to impose reasonable time limits on submission of additional evidence of disability retirement.

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

Read full opinion.

April 3, 1978

Opinion on physicians and dentists.

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

Read full opinion.

April 3, 1978

Opinion on coroners.

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

Read full opinion.

April 3, 1978

Opinion on Sections 59-63-30(c), South Carolina Code of Laws, 1976.

Requested by The Honorable Herbert D. Morgan, Member, South Carolina Senate.

Read full opinion.

April 3, 1978

Opinion on elections.

Requested by The Honorable James M. Arthur, Member, South Carolina House of Representatives.

Read full opinion.

April 3, 1978

Opinion on whether the United States Justice Department would have to review and approve any changes in district lines for advisory magisterial elections that may be made prior to such elections.

Requested by Thomas M. Boulware, Esquire, Barnwell.

Read full opinion.

April 3, 1978

Opinion on whether a motor vehicle dealer is required to make sure that a vehicle is covered by liability insurance before a buyer is permitted to drive the vehicle from the dealer’s premises (Section 56-11-770 of the South Carolina Code of Laws, 1976).

Requested by Colonel W.J. Seaborn, Director, Law Enforcement Division, South Carolina Department of Highways and Public Transportation.

Read full opinion.

April 3, 1978

Opinion concerning the mandatory retirement age of magistrates in Richland County.

Requested by Charles Porter, Esquire, Attorney for Richland County.

Read full opinion.

March 31, 1978

Opinion on the time at which the General Election may be held for the office of Sheriff of Bamberg County following the death of the late sheriff (Section 23–11–40).

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

Read full opinion.

March 31, 1978

Opinion on Act No. 145 of 1977 (Section 56-5-3180 of the 1976 Code of Laws of South Carolina, as amended)

Requested by Michael A. Molony, Esquire, Staff Counsel, Labor, Commerce and Industry Committee, South Carolina House of Representatives.

Read full opinion.

March 31, 1978

Opinion on expense reimbursement of Greenville County Council after adoption of a form of government (Section 4-9-100, Code of Laws of South Carolina, 1976).

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

Read full opinion.

March 31, 1978

Opinion on crime of moral turpitude.

Requested by Mr. J.M. McLendon, Attorney for City of Marion.

Read full opinion.

March 30, 1978

Opinion concerning the arrest powers of a Probation Counselor with the Family Court (Sections 14-21-340 and 14-21-350 of the Code of Laws of South Carolina, 1976, as amended).

Requested by The Honorable Morgan McCutcheon, Sheriff of Beaufort County.

Read full opinion.

March 30, 1978

Opinion on special elections (Section 7-11-230 South Carolina Code of Laws, 1976).

Requested by The Honorable Charles E. Bagnal, Mayor, Town of Aynor.

Read full opinion.

March 30, 1978

Opinion on whether a change in the polling place for Barnwell Precinct Numbers 1, 2, and 3 must be designated by a legislative act (Section 7-7-100, Code of laws of South Carolina, 1976).

Requested by Thomas M. Boulware, Esquire, Attorney for Barnwell County.

Read full opinion.

March 29, 1978

Opinion on whether wreckers must have the name of the registered owner marked or stenciled on each side of the vehicle (Section 56-5-4150 of the 1976 Code of Laws of South Carolina, as amended).

Requested by Colonel W.J. Seaborn, Director, Law Enforcement Division.

Read full opinion.

March 29, 1978

Opinion on residential classification for property tax purposes.

Requested by George R. Hundley, Assistant County Attorney for Spartanburg County.

Read full opinion.

March 29, 1978

Opinion on whether or not a common law wife may inherit by intestacy in the same manner as a wife who was married by means of a ceremony.

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

Read full opinion.

March 28, 1978

Opinion on the constitutionality of Senate Bill 656.

Requested by a Member, South Carolina Senate.

Read full opinion.

March 28, 1978

Opinion on Section 44-23-30.

Requested by The Honorable Joe A. Sanders, Associate Judge of Probate, Richland County.

Read full opinion.

March 28, 1978

Opinion on applicability of private express statutes to State and local governments.

Requested by Wheeler K. Neff, Esquire, Deputy Attorney General, Civil Division, Wilmington, Delaware.

Read full opinion.

March 28, 1978

Opinion on dual office holding (mayor also employed by a State agency).

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

Read full opinion.

March 28, 1978

Opinion on Article X, Section 14(f) of the South Carolina Constitution, 1895.

Requested by Mr. Robert Muller, Standard & Poor, New York.

Read full opinion.

March 28, 1978

Opinion on special tax assessment ratios for owner-occupied residential property (Section 12-43-220(c), 1976 Code of Laws of South Carolina).

Requested by The Honorable Joe L. Allen, Jr., Deputy Attorney General.

Read full opinion.

March 27, 1978

Opinion on dual office holding (magistrate and member on the Florence County Board of Health).

Requested by Hazel Baker King, M.D., Health Officer, Florence County Health Department.

Read full opinion.

March 27, 1978

Opinion on a proposed contract with Smith Data Processing relating to a tax account system.

Requested by Charles Porter, Esquire, Richland County Attorney.

Read full opinion.

March 27, 1978

Opinion on retention of a juvenile’s records.

Requested by Mr. Harry W. Davis, Jr., Director, South Carolina Department of Juvenile Placement And Aftercare.

Read full opinion.

March 24, 1978

Opinion on the whether the Aiken County Treasurer is authorized to increase the Chief Clerk’s salary due to an error in the appropriate amount (Section 4-9-630 of the 1976 Code of Laws of South Carolina).

Requested by Ms. Margie Plunkett, Treasurer, Aiken County.

Read full opinion.

March 24, 1978

Opinion on the power of a County Board of Education to approve a budget for salary increases which have not yet been approved or appropriated by the General Assembly (Article X, Section 7, of the South Carolina Constitution).

Requested by Mr. William M. Groman, Central.

Read full opinion.

March 23, 1978

Opinion on whether a deputy can take the place of the Register of mesne conveyances should the Register retire prior to the expiration of their term (Section 60-4.1 of the 1962 Code of Laws).

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

Read full opinion.

March 23, 1978

Opinion on maximum mortgage interest rate.

Requested by Dan M. David, Esquire, Charleston.

Read full opinion.

March 23, 1978

Opinion on the constitutionality of the provision that requires any machine that is used in Chiropractic Practice be first individually approved by the Board of Chiropractic Examiners.

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

Read full opinion.

March 23, 1978

Opinion on appraisal reports and decisions regarding nuclear plant evaluations.

Requested by Mr. Robert F. Quinn, Seabrook Assessors Office, Seabrook, New Hampshire.

Read full opinion.

March 23, 1978

Opinion on the School Bond Act (Sections 49-71-10 et seq., Code of Laws of South Carolina, 1976).

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

Read full opinion.

March 23, 1978

Opinion regarding the jurisdiction of the Interagency Merit System Council to hear appeals from employees of the Interagency Merit System Council.

Requested by Mr. William H. Wesson, Jr., Chairman, Interagency Merit System Council.

Read full opinion.

March 23, 1978

Opinion on jury service.

Requested by The Honorable W. Sterling Anderson, Member, South Carolina House of Representatives.

Read full opinion.

March 23, 1978

Opinion on Sunday Blue Laws – Flea Markets.

Requested by The Honorable Larry D. Smith, Sheriff, Spartanburg.

Read full opinion.

March 23, 1978

Opinion on whether a security officer of the Greenville-Spartanburg Jetport can issue courtesy summonses (Section 55-11-210, Code of Laws of South Carolina, 1976).

Requested by Mr. James C. Clardy, General Manager, Gregg Security Services, Inc.

Read full opinion.

March 23, 1978

Opinion on dual office holding (city councilman and serve as a city planner).

Requested by The Honorable T. Ashby Gregg, Quinby.

Read full opinion.

March 23, 1978

Opinion on the Freedom of Information Act.

Requested by The Honorable William T. Putnam, State Auditor.

Read full opinion.

March 23, 1978

Opinion on whether a motorcycle that has been inspected and approved for daylight use only is permitted to be operated without burning its headlights (Section 56-5-4460 and -4470 of the 1976 Code of Laws of South Carolina).

Requested by Colonel W.J. Seaborn, Director, Law Enforcement Division, South Carolina Department of Highways and Public Transportation.

Read full opinion.

March 23, 1978

Opinion on dual office holding (magistrate and run for county council without resigning his position as magistrate).

Requested by The Honorable George W. Gregory, Jr., Member, South Carolina House of Representatives.

Read full opinion.

March 23, 1978

Opinion on House Bill 3768.

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

Read full opinion.

March 22, 1978

Opinion on whether an official may be reinstated in the office he was previously suspended following indictment.

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

Read full opinion.

March 22, 1978

Opinion on whether a candidate for election can retain his position as a state employee while running for office in a partisan election (U.S. Code, Title 5, Sections 1501 to 1508; Section 18 of the S.C. Department of Health and Environmental Control Manual of Administrative Policy).

Requested by Mr. Luke Hause, S.C. Department of Health & Environmental Control.

Read full opinion.

March 22, 1978

Opinion on the Industrial Revenue bond Act relating to automobile dealerships which sell automobiles and parts (Sections 4-29-10 et seq., Code of Laws of South Carolina, 1976).

Requested by O. Wayne Corley, Esquire, McNair, Konduros, Corley, Singletary & Dibble.

Read full opinion.

March 22, 1978

Opinion on whether a commissioned officer can act as a notary (Code 0:FD).

Requested by Captain Edward K. Sanders, JACG, Naval Legal Service Office, Charleston.

Read full opinion.

March 21, 1978

Opinion on whether there is a statutory or a common law crime committed by one who can be identified who uses obscene or profane language on a citizen band radio.

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

Read full opinion.

March 21, 1978

Opinion concerning a Charleston County personnel policy on whether employees have to resign from their positions if they become a candidate for elective office in a partisan election (Section 4-9-30(7), South Carolina Code of Laws, 1976).

Requested by The Honorable D.N. Holt, Jr., Member, South Carolina House of Representatives.

Read full opinion.

 

March 21, 1978

Opinion on condemnation proceedings (Section 4-9-120, Code of Laws of South Carolina, 1976).

Requested by John Napier, Esquire, Marlboro County Attorney.

Read full opinion.

March 21, 1978

Opinion on Implied Consent Law (Section 56-5-2950).

Requested by Colonel W.J. Seaborn, Director, Law Enforcement Division, South Carolina Department of Highways and Public Transportation.

Read full opinion.

March 21, 1978

Opinion on dual office holding — regional council of governments.

Requested by The Honorable John Henry Waller, Jr., Member, South Carolina Senate.

Read full opinion.

March 21, 1978

Opinion on the constitutionality of Senate Bill 656 (S.C. Constitution, Art I, Section 4).

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

Read full opinion.

March 20, 1978

Opinion on interpretation of Orders of Commitment.

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

Read full opinion.

March 20, 1978

Opinion on whether a contractor who provides informal technical service and advice in developing a communications systems network might be disqualified in bidding on possible future procurements by the State agency.

Requested by Mr. Charles H. Burr, Director, Division of Computer Systems Management, State Budget & Control Board.

Read full opinion.

March 20, 1978

Opinion on whether or not the College of Charleston, a State agency, must comply with the requirements of municipal building regulations.

Requested by The Honorable Theodore S. Stern, President, The College of Charleston.

Read full opinion.

March 20, 1978

Opinion on the Newberry County Airport Commission.

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

Read full opinion.

March 20, 1978

Opinion on whether the Clarendon County Legislative Delegation or the Clarendon County Council has authority to change the method of electing the members of the Council (Section 4-9-30(c), Code of Laws of South Carolina, 1976).

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

Read full opinion.

March 17, 1978

Opinion on school districts, county government.

Requested by Mr. E. Rabon Rodgers, Assistant superintendent, Richland County School District No. 2 (S.C. Code Ann. Section 4-9-70, 1976).

Read full opinion.

March 17, 1978

Opinion on the status of the county auditor for Greenwood County.

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

Read full opinion.

March 17, 1978

Opinion on the propriety of an attorney closing a mortgage loan and disbursing funds on the basis of an out-of-state bank draft prior to it being honored by the out-of-state bank.

Requested by Henry C. Nelson, Jr., Esquire, President, Richland County Bar Association.

Read full opinion.

March 17, 1978

Opinion on lotteries (Article 17, Section 7 of the South Constitution, Section 16-19-10 et seq. of the Code of Laws of South Carolina).

Requested by The Honorable John H. Cook, Chief of Police, Orangeburg.

Read full opinion.

March 17, 1978

Opinion on prosecution of traffic cases on Interstate I-95.

Requested by G. Werber Bryan, Esquire, Sumter County Counsel.

Read full opinion.

March 17, 1978

Opinion on whether the distribution of a survey to association members for the purpose of recruiting volunteer workers for a committee is permissible.

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

Read full opinion.

March 17, 1978

Opinion on city council elections (Section 7-13-1120, South Carolina Code of Laws, 1976).

Requested by Mr. William Sanders, Union.

Read full opinion.

March 17, 1978

Opinion on whether or not the Greenville County Legislative Delegation can recommend for appointment members of the Board of Trustees of Stroud Memorial Hospital.

Requested by The Honorable Samuel Hunter Howard, Jr., Member, South Carolina House of Representatives.

Read full opinion.

March 16, 1978

Opinion on a proposed policy to charge tuition fees for special courses to students enrolled in private school or a school other than the School District of Greenville County.

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

Read full opinion.

March 16, 1978

Opinion on whether the Budget and Control Board’s policy statements or directives need to be promulgated according to the Administrative Procedures Act.

Requested by Jack S. Mullins, Ph. D., Director, Personnel Division, Budget and Control Board.

Read full opinion.

March 16, 1978

Opinion on School District bonded indebtedness (Article X, Section 15, subsection (6) of the South Carolina Constitution).

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

Read full opinion.

March 15, 1978

Opinion on Senate Bill No. 688 (Code Section 59-65-10, South Carolina Code of Laws, 1976).

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

Read full opinion.

March 15, 1978

Opinion on authority of county building inspector to require building permits for incorporated municipalities within that county which do not have their own building permit ordinances.

Requested by H. Wayne Unger, Jr., Esquire, Walterboro.

Read full opinion.

March 14, 1978

Opinion on residency requirements to vote in an election (Article II, Section 5 of the South Carolina Constitution).

Requested by Mr. Angus H. McLendon, Chairman, Richland Municipal Commission.

Read full opinion.

March 14, 1978

Opinion on Act No. 653 of 1976 (control of local boards over the interior and exterior changes of state-owned properties).

Requested by Mr. Jack C. Muller, Architect, AIA.

Read full opinion.

March 14, 1978

Opinion on proposed contract between Kabon Creek Rural Water District and Laurens County Water Resources Commission (57 STAT. Act—No. 1838, Section 7(15), (23) and (25) at 3651-3653 (1972); 55 STAT. Act No. 1885, Section 8(18), (23) and (28) at 3757-3760 (1972)).

Requested by Robert W. Whitesides, Esquire, Laurens.

Read full opinion.

March 14, 1978

Opinion on Home Rule.

Requested by Mr. Jack Etheridge, North Myrtle Beach City Manager.

Read full opinion.

March 13, 1978

Opinion on residential lease agreements relating to inspection by the landlord of the property without consent of the tenant.

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

Read full opinion.

March 13, 1978

Opinion on Home Rule Act (election terms for office).

Requested by Charles W. Whetstone, Jr., Attorney at Law, Santee.

Read full opinion.

March 13, 1978

Opinion on elections (can a person run for two different offices in the same general election).

Requested by The Honorable Juanita W. Goggins, Member, South Carolina House of Representatives.

Read full opinion.

March 13, 1978

Opinion on the office of supervisor position relating to ‘home rule’ government (Section 4-9-60, Code of Laws of South Carolina, 1976).

Requested by Mr. Marvin Vaigneur, Jasper-County Supervisor.

Read full opinion.

March 10, 1978

Opinion on whether magistrate courts have authority to vacate judgments and declare sentences null and void (Sections 22-3-990 and -1000; 22-5-800, Code of Laws of South Carolina, 1976).

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

Read full opinion.

March 10, 1978

Opinion on role and duties of the S.C. Department of Social Services Advisory Committee (Section 43-35-10 et seq., Code of Laws of South Carolina, 1976).

Requested by The Honorable Virgil L. Conrad, Commissioner, S.C. Department of Social Services.

Read full opinion.

March 10, 1978

Opinion on whether State Highway Department has authority to permit private individual or company to construct pedestrian walkway facility above and across highway.

Requested by Mr. E. S. Coffey, State Highway Engineer, S.C. State Highway Dept.

Read full opinion.

March 9, 1978

Opinion on whether or not a municipality has authority to appoint assistant or associate judges (Section 5-7-230, Code of Laws of South Carolina, 1976).

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

Read full opinion.

March 9, 1978

Opinion on the meaning of the words “minor” and “child” in Sections 16-17-490 and -510, 1976 Code of Laws of South Carolina.

Requested by Mr. Michael Grant LeFever, Deputy Director, S.C. Department of Juvenile Placement And Aftercare.

Read full opinion.

March 9, 1978

Opinion on the Charleston County Council’s power to approve method of election of Council members per home rule legislation (Section 5 of the Voting Rights Act of 1965; Section 4-9-10(b), Code of Laws of South Carolina, 1976).

Requested by The Honorable Robert R. Woods, Member, South Carolina House of Representatives.

Read full opinion.

March 9, 1978

Opinion on the procedure by which the unincorporated community of Piedmont might obtain police services.

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

Read full opinion.

March 8, 1978

Opinion on Real Estate Agents, Brokers, Dealers and Salesmen (Sections 40-57-10 et seq., 1976 Code of Laws of South Carolina).

Requested by Mr. Ryan Johnson, Deputy Real Estate Commissioner.

Read full opinion.

March 8, 1978

Opinion on maternity leave for highway patrol personnel.

Requested by Colonel William J. Seaborn, Director of Law Enforcement, South Carolina Highway Department.

Read full opinion.

March 8, 1978

Opinion on whether a candidate who has been elected to office in a district removes his residency from the area from which he was elected can still serve in that office.

Requested by D.N. Holt, Jr., Vice Chairman, House Delegation, Charleston County Legislative Delegation.

Read full opinion.

March 8, 1978

Opinion on whether the Family Court has jurisdiction over a matter involving a 17 year old child contributing to the delinquency of a minor (Section 16-17-490 of the Code of Laws of South Carolina, 1976).

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

Read full opinion.

March 8, 1978

Opinion on School District; County Government.

Requested by W. Jerry Fedder, Esquire, Attorney for Oconee County.

Read full opinion.

March 7, 1978

Opinion on juveniles, probation and parole.

Requested by Mr. Harry W. Davis, Director, Board of Juvenile Placement and Aftercare.

Read full opinion.

March 7, 1978

Opinion on whether Board Members of a County Alcohol and Drug Abuse Commission can have access to names of individuals who are attending County Substance Abuse Programs.

Requested by Mr. Andrew Shealy, Newberry.

Read full opinion.

March 7, 1978

Opinion on the method of election for Sumter County Council members (Act No. 283, home rule legislation).

Requested by Howard P. King, Esquire, Attorney for Sumter County.

Read full opinion.

March 7, 1978

Opinion on double jeopardy regarding reckless driving.

Requested by David L. Hamilton, Esquire, Chester.

Read full opinion.

March 7, 1978

Opinion on Article X, Section 14(2) as it relates to the conflicting provisions of Article XVII, Section 7B.

Requested by Hugh Sinkler, Esquire, Charleston.

Read full opinion.

March 7, 1978

Opinion on Act No. 271, 1973 Acts and Joint Resolutions.

Requested by Mr. John W. Scott, Director, State Fund.

Read full opinion.

March 7, 1978

Opinion on Senate Bill No. 777.

Requested by The Honorable Edward E. Saleeby, Chairman, Joint Legislative Automobile Liability Insurance Study Committee.

Read full opinion.

March 7, 1978

Opinion on whether state employee returning from a leave of absence from serving in the U.S. Armed Forces is entitled to the same job upon return from military leave or service (Section 8-7-90, Code of Laws of South Carolina, 1976).

Requested by Mr. Jack S. Mullins, Director, Personnel Division, Budget & Control Board.

Read full opinion.

March 7, 1978

Opinion on the South Carolina Commission on Higher Education.

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

Read full opinion.

March 6, 1978

Opinion on a whether a county can levy a tax in the entire unincorporated area of a county to supply a service when part of the unincorporated area is furnished a similar service already by a municipality.

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

Read full opinion.

March 6, 1978

Opinion on whether or not a lease arrangement where the landlord receives as rent a percentage of the gross sales of his tenant’s business makes the landlord a business partner of the tenant.

Requested by Mr. Nicholas P. Sipe, Hearing Officer, South Carolina Alcoholic Beverage Control Commission.

Read full opinion.

March 6, 1978

Opinion on the governmental provision of services of a medical nature within and immediately without the corporate limits of Ware Shoals, South Carolina.

Requested by The Honorable Marion Pinckney Carnell, Member, South Carolina House of Representatives.

Read full opinion.

March 3, 1978

Opinion on whether or not the Jasper County Council has the authority to set the salary of its members (Section 4-9-100, Code of Laws of South Carolina, 1976).

Requested by Mr. Farris Highsmith, Chairman, Jasper County General Hospital Commission.

Read full opinion.

March 3, 1978

Opinion on Home Rule Act.

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

Read full opinion.

 

 

March 3, 1978

Opinion on the penalty for failure to declare personal property.

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

Read full opinion.

March 2, 1978

Opinion on the legal status of the Lee County Parks and Playground Commission for purposes of social security coverage through the Retirement System.

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

Read full opinion.

March 2, 1978

Opinion on investment of funds in the Coastal Federal Credit Union.

Requested by Mr. Calton Heckerman, Jr., District Manager, North Charleston Sewer District.

Read full opinion.

March 2, 1978

Opinion on the legal status of the Waccamaw Neck Flood District, 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.

March 2, 1978

Opinion on the eligibility of the Allendale County Rural Health Plan for both retirement and social security coverage through the Retirement System.

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

Read full opinion.

March 2, 1978

Opinion on the status of Chester County with regard to the reapportionment of the County.

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

Read full opinion.

March 2, 1978

Opinion on whether the Town of Marion Housing Authority can sponsor/own/manage a federally assisted multifamily housing development for low and moderate income citizens within the jurisdictional area of Dillon County.

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

Read full opinion.

March 2, 1978

Opinion on stray dogs in Anderson County (Section 47-7-10, Code of Laws of South Carolina).

Requested by Mrs. Jo Ann Newton, Williamston.

Read full opinion.

March 1, 1978

Opinion on an interpretation of the Section 53-159, Code of Laws of South Carolina, 1962.

Requested by The Honorable Morgan McCutchen, Sheriff, Beaufort County.

Read full opinion.

March 1, 1978

Opinion on vacancies on the Industrial Commission, their appointments and terms of office.

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

Read full opinion.

March 1, 1978

Opinion on the Unfair Trade Practice Act (Section 39-5-10, Code of Laws of South Carolina).

Requested by Ben DeBerry, Esquire, General Counsel, South Carolina Department of Insurance.

Read full opinion.

February 28, 1978

Opinion on whether the S.C. Department of Mental Health has the authority o contract directly with the State Department of Education for the provision of educational services to residents of institutions operated by the Department of Mental Health (S.C. Code Ann. Sections 44-9-90 an 44-11-50 (1976)).

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

Read full opinion.

February 28, 1978

Opinion as to the authority of mayors to preside over criminal cases where there is no recorder (Section 14-25-10, Code of Laws of South Carolina, 1976).

Requested by Mr. Lucius T. Martin, Swansea Town Clerk.

Read full opinion.

February 28, 1978

Opinion on the Governor’s authority to appoint people to the Commissioners of Election (Section 17-13-70).

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

Read full opinion.

February 28, 1978

Opinion on the Horry County Planning Commission.

Requested by Mr. James Harrison Waccamaw Regional Council of Government.

Read full opinion.

February 28, 1978

Opinion on whether a business may charge interest on past due accounts to another business entity.

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

Read full opinion.

February 28, 1978

Opinion on South Carolina general Usury Statute.

Requested by Melton Kligman, Esquire, Richland County Bar Association.

Read full opinion.

February 27, 1978

Opinion on the practice of a magistrate in instructing a sixth juror or “tales-man” be summoned to complete the jury panel when only five have appeared.

Requested by The Honorable William W. Doar, Jr., Member, South Carolina Senate.

Read full opinion.

February 27, 1978

Opinion on elections.

Requested by Mike S. Jolly, Esquire, Union.

Read full opinion.

February 27, 1978

Opinion on filing deadlines for statewide and district candidates.

Requested by Mr. Wayne Adams, Executive Director, S.C. Republican Party.

Read full opinion.

February 24, 1978

Opinion on dual office holding (whether a county council member can also serve as chairman of that county’s Democratic Party).

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

Read full opinion.

February 24, 1978

Opinion on whether the proposed amendment to the zoning ordinance, entitled “Group Development for Patio Homes,” is in conflict with South Carolina law.

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

Read full opinion.

February 24, 1978

Opinion on whether a tax collector has the authority to abate or nulla bona tax executions that have been unpaid for ten or more years (Section 12-49-70).

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

Read full opinion.

February 24, 1978

Opinion on time limits in which an appeal to the State Employee Grievance Committee must be filed after receipt of the final decision of an agency tolled by failure of it to notify an employee’s attorney of record of that decision.

Requested by Mr. Jack S. Mullins, Director, Personnel Division, Budget & Control Board.

Read full opinion.

February 24, 1978

Opinion on whether a county or municipal law enforcement agency, can provide special police services in addition to those regularly provided to private business concerns, charge a fee, and utilize regular police equipment and personnel desiring to work overtime (Article XII, Section of the South Carolina Constitution (1895); Sections 4-9-10 et seq., 5-7-110 and 5-7-130, 1976 Code of Laws of South Carolina)).

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

Read full opinion.

February 23, 1978

Opinion on the Solicitation of Charitable Funds Act and whether political parties are included in the definition of a charitable organization (South Carolina Code of Laws, Sections 33–55–10, et seq., 1976, as amended).

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

Read full opinion.

February 23, 1978

Opinion on whether or not the Lexington County Council (Council) is authorized to enact an ordinance exempting Lexington County community centers from taxation.

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

Read full opinion.

February 23, 1978

Opinion on whether Charleston County Council can call for a referendum election on method of election or if the Council could create single member districts.

Requested by The Honorable Robert R. Woods, Member, South Carolina House of Representatives.

Read full opinion.

February 22, 1978

Opinion on the coverage under the State Workmen’s Compensation Fund, for members of Boards and Commissions of Counties and Municipalities.

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

Read full opinion.

February 22, 1978

Opinion on the procedure which the Chief Drug Inspector (Inspector) is to follow when inspecting pharmacies in South Carolina (Section 40-43-300, Code of Laws of South Carolina, 1976).

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

Read full opinion.

February 22, 1978

Opinion on whether or not a person must resign as Acting Register of Mesne Conveyance of Charleston County before they can become a candidate for that office.

Requested by Mrs. Hazel B. Crosby, Acting Register Mesne Conveyance.

Read full opinion.

February 22, 1978

Opinion on whether or not the Dept. of Highways and Public Transportation has authority to allow owners of outdoor advertising devices to enter the rights of way of the Interstate Highway System and cut trees/shrubs for the purpose of exposing the billboards to the motoring public.

Requested by Mr. Paul W. Cobb, Chief Commissioner, Dept. of Highways and Public Transportation.

Read full opinion.

February 21, 1978

Opinion on whether State school building funds or local school district funds can be used for repairs and improvements on property leased by a school district.

Requested by R.W. Burnette, Deputy Superintendent, Department of Education and C. A. Isgett, Jr., Superintendent of Education, Calhoun County.

Read full opinion.

February 21, 1978

Opinion on enforcement of distress warrants.

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

Read full opinion.

February 17, 1978

Opinion on what rights of access to and ownership of his medical records does a patient in South Carolina have when such records are in the possession of a physician or hospital.

Requested by State Hospital.

Read full opinion.

February 17, 1978

Opinion on the powers of the Allendale County Board of Education with respect to borrowing for capital improvements and construction.

Requested by Dr. Ronald L. Hubright, Superintendent, Allendale County Schools.

Read full opinion.

February 17, 1978

Opinion on the use of statistical data on all licensed health professionals.

Requested by Ms. Del Kinlaw, Division of Research and Statistical Services, Cooperative Health Section.

Read full opinion.

February 16, 1978

Opinion on whether or not a creditor has the right to break into and hot wire a car in order to retake possession of the collateral (Section 36-5-903, 1976 Code of Laws of South Carolina. .

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

Read full opinion.

February 16, 1978

Opinion on whether the provisions of the Bail Reform Act of 1969 apply to cases in the City Recorder’s Court (Section 14-25-970, 1976 Code of Laws of South Carolina.

Requested by Jack W. Erter, Jr., Attorney at Law.

Read full opinion.

February 16, 1978

Opinion on whether the number of jurors needed in a criminal case tried in the magistrate court can be less than six jurors if this number is agreed to by the prosecutor and the defendant.

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

Read full opinion.

February 16, 1978

Opinion on whether a city recorder has jurisdiction to hear ejection and distress warrant hearings similar to that of the magistrate court (Sections 14-25-970; 22-3-(10); 27-37-10 et seq. and 27-39-201 et seq. 1976 Code of Laws of South Carolina).

Requested by Mr. Ted B. Wyndham, Recorder for the City of Greenwood.

Read full opinion.

February 16, 1978

Opinion on railways, leases.

Requested by Mr. W.J. Betz, Executive Director, S. C. Public Railways Commission.

Read full opinion.

February 16, 1978

Opinion on report on public hearing and application for registration to practice landscape architecture.

Requested by Kenneth B. Simmons, Jr., Esquire, Columbia.

Read full opinion.

February 16, 1978

Opinion on whether a person can vote in a precinct other than the one in which he lives.

Requested by The Honorable B.J. Gordon, Member, South Carolina House of Representatives.

Read full opinion.

February 15, 1978

Opinion on whether a creditor has the right to break into and hot wire a car in order to retake possession of the collateral (Section 36-5-906, 1976 Code of Laws of South Carolina).

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

Read full opinion.

February 15, 1978

Opinion on Section 59-19-300, 1976 Code of Laws of South Carolina.

Requested by Mr. W.C. Black, Barnwell.

Read full opinion.

February 15, 1978

Opinion on whether the State Board of Nursing for South Carolina has the authority to promulgate regulations regarding the delegation and supervision of nursing practice.

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

Read full opinion.

February 15, 1978

Opinion on whether the Budget and Control Board has the authority to consider permit revisions or modifications.

Requested by William C. Moser, Staff Attorney, South Carolina Water Resources Commission.

Read full opinion.

February 15, 1978

Opinion on what authority the Calhoun County Council can exercise with respect to the employees of the Calhoun County Historical Commission (Section 4-9-30(7), Code of Laws of South Carolina, 1976).

Requested by Furman R. Gressette, Esquire, St. Matthews.

Read full opinion.

February 15, 1978

Opinion on the constitutionality of the Lexington County “Green Box” ordinance.

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

Read full opinion.

February 14, 1978

Opinion on whether or not the members of the Darlington County Council are to continue to be elected pursuant to the provisions of Act No. 874 of 1960 [51 STAT. 2016 (1968)].

Requested by Newton I. Howle, Jr., Esquire, Darlington.

Read full opinion.

February 14, 1978

Opinion on the effect of the Home Rule Act on the authority of the municipal council to abolish the municipal water commission and then to perform those functions by the council itself.

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

Read full opinion.

February 14, 1978

Opinion on whether or not an alien can hold an appointive office in South Carolina (S.C. Constitution, Article XVII, Section 1).

Requested by Mr. Ralph W. Strong, Kingstree.

Read full opinion.

February 13, 1978

Opinion on the authority and jurisdiction of airport police officers employed by the Richland-Lexington Airport Commission (Section 55–11–350, Code of Laws of South Carolina, 1976).

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

Read full opinion.

February 13, 1978

Opinion on whether city, county and state governments are considered an “employer” for the purposes of Sections 41-11-110 through -250 which refer to when and where wages are payable.

Requested by Arthur A. Fusco, Assistant Director, South Carolina Department of Labor.

Read full opinion.

February 13, 1978

Opinion on whether all signatures are required for a property under multiple ownership or only the names on the county tax records (Chapter 37 of Title 5 of the 1976 Code of Laws of South Carolina).

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

Read full opinion.

February 13, 1978

Opinion on home rule legislation regarding method of election on a county referendum (Sections 4-9-10(b) and (c)).

Requested by Charles Porter, Esquire, Attorney for Richland County.

Read full opinion.

February 13, 1978

Opinion on “Guardian” self-protection device (Section 16-23-470, Code of Laws of South Carolina, 1976).

Requested by David Jackson Cooper, Jr., Esquire, Columbia.

Read full opinion.

February 10, 1978

Opinion on obstruction of justice (67 C.J.S. Obstructing Justice, Section 7, pp. 52 and 53).

Requested by Director, S.C. Court Administration.

Read full opinion.

February 10, 1978

Opinion on investment of funds in the Coastal Federal Credit Union.

Requested by Mr. Calton Heckerman, Jr., District Manager, North Charleston Sewer District.

Read full opinion.

February 10, 1978

Opinion on whether or not the Aiken County Council is authorized to enact an ordinance providing for the regulated licensing of bail bondsmen (Sections 4-9-30(12) and 5-7-30, Code of Laws of South Carolina, 1976).

Requested by Mrs. Sue H. Roe, Clerk of Court, Aiken County.

Read full opinion.

February 9, 1978

Opinion on whether or not a physician performing a sterilization procedure on an individual is legally required legally to obtain the consent of that individual’s spouse.

Requested by Medical Doctor.

Read full opinion.

February 9, 1978

Opinion on whether or not the Oconee County Legislative Delegation) can continue to recommend for appointment the Oconee County Comptroller (Act No. 283 of 1975, the “home rule” legislation).

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

Read full opinion.

February 9, 1978

Opinion on whether or not legislation excepting Saluda County from the provisions of Sections 31-17-310 et seq., Code of Laws of South Carolina, 1976, requiring a license to be obtained by mobile home and house trailer occupants, owners, or rental agents would be valid.

Requested by The Honorable Eugene Sligh Blease, Member, South Carolina House of Representatives.

Read full opinion.

February 8, 1978

Opinion on who is the appropriate authority to apportion the county into single member election districts regarding election for county councilmen (Section 4-9-10(a), South Carolina Code of Laws, 1976).

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

Read full opinion.

February 8, 1978

Opinion on the method of appointment for the members of the Richland-Lexington Airport District Commission and the members of the Lexington County Hospital Board of Trustees (Act No. 1303 of 1964 [53 STAT. 3083 (1964)], as amended, Section 55-11-320, Code of Laws of South Carolina, 1976)).

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

Read full opinion.

February 7, 1978

Opinion on an amendment to bill S-82.

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

Read full opinion.

February 7, 1978

Opinion on statutory amendment to provide for advisory referendum on ERA (S-82 bill).

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

Read full opinion.

February 7, 1978

Opinion on the provisions of Act No. 283 of 1975, the ‘home rule’ legislation, as they affect Aiken County (Sections 4-9-10 through -190 of the Code of Laws of South Carolina, 1976).

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

Read full opinion.

February 7, 1978

Opinion on South Carolina Unfair Trade Practices.

Requested by Ms. Leona D. Gray, Office Manager, Centennial Corp.

Read full opinion.

February 3, 1978

Opinion on dual office holding (serving as Director of Civil Defense for Union County and another office)

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

Read full opinion.

February 3, 1978

Opinion on confiscated pistols (Section 23-31-180, South Carolina Code of Laws, 1976).

Requested by Jack W. Erter, Jr., Esquire.

Read full opinion.

February 3, 1978

Opinion on the special status, if any, accorded by the State of South Carolina to consular agents of foreign countries.

Requested by Honorable Jack C. Muller, French Consular Agent, Charleston.

Read full opinion.

February 3, 1978

Opinion on the proper charge for a person who enters a house without touching the door and once inside steals the owner’s possessions (Sections 16-13-20 and 17-25-20 of the South Carolina Code of Laws, 1976).

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

Read full opinion.

February 3, 1978

Opinion on dual office holding (member of the Lexington County Rural Recreation Commission and run for and/or serve on the School District Board of Trustees).

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

Read full opinion.

February 2, 1978

Opinion on whether or not the Mayor of Batesburg is authorized to dismiss a member of the Batesburg volunteer fire department.

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

Read full opinion.

February 2, 1978

Opinion on the constitutionality of Act No. 621, S.C. STATS. (1973).

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

Read full opinion.

February 1, 1978

Opinion on magisterial jurisdiction in selected areas of Spartanburg County.

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

Read full opinion.

January 31, 1978

Opinion on terms of office for incumbent magistrates in Colleton County

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

Read full opinion.

January 30, 1978

Opinion on the disposal of certain aircraft presently carried on the records of the Disaster Preparedness Agency.

Requested by The Honorable Fred C. Craft, Director, Disaster Preparedness Agency.

Read full opinion.

January 30, 1978

Opinion on the term of office for an individual appointed to fill a vacancy in the office of coroner.

Requested by Mr. Matthew Poliakoff, Esquire, Spartanburg.

Read full opinion.

January 30, 1978

Opinion on whether or not the Fairfield County Council is authorized to transfer surplus general county funds to the Fairfield County Board of Education for the latter’s use in school matters.

Requested by Mr. Donald P. Reed, County Administrator, Fairfield County Council.

Read full opinion.

January 30, 1978

Opinion on the date for the next general election for the office of coroner in Orangeburg County.

Requested by The Honorable John W. Matthews, Jr. and Earl M. Middleton, Members, South Carolina House of Representatives.

Read full opinion.

January 30, 1978

Opinion on whether or not the Fairfield County Council has the authority to transfer surplus general county funds to the Fairfield County Board of Education’s use in school matters.

Requested by Mr. Donald P. Reed, County Administrator, Fairfield County Council.

Read full opinion.

January 30, 1978

Opinion on whether it is legally permissible for the Commission to permit a blind stand operator to participate in the selection of applicants for new vending stands and other questions.

Requested by Mrs. Maxine R. Bowles, Interim Commissioner, S.C. Commission for the Blind.

Read full opinion.

January 27, 1978

Opinion on whether or not a surety must surrender his principal to a judicial officer in order to discharge himself from his obligation under the bail bond (Sections 17–15–10, 17-15-50 and 17-15-110, 1976 Code of Laws of South Carolina.

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

Read full opinion.

January 27, 1978

Opinion on whether or not the Commission on Higher Education has the authority to direct use of university or college fees levied by the institution’s board of trustees upon students for specific programs and activities.

Requested by Dr. M. M. Nance, Jr., President, South Carolina State College.

Read full opinion.

January 26, 1978

Opinion on whether or not a minor may sign an affidavit for an arrest warrant (97 C.J.S., Witnesses, Section 58, p. 449).

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

Read full opinion.

January 26, 1978

Opinion on whether the Teacher Dismissal Act of 1974 is applicable to a county district superintendent (Sections 59-25-430, et seq., 1976 Code of Laws).

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

Read full opinion.

January 26, 1978

Opinion on the Clemson Will and whether the General Assembly has any power to add members to the Clemson Board of Trustees.

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

Read full opinion.

January 26, 1978

Opinion on the validity of school board members in Chester County being appointed rather than elected in that the school district had some taxing authority.

Requested by Mr. Ward Peagram, Chester.

Read full opinion.

January 26, 1978

Opinion on eligibility of an employee of the Department of Education to be a candidate for the office of superintendent of education.

Requested by Mr. Randolph W. Carter, Walterboro.

Read full opinion.

January 26, 1978

Opinion on the handling of books of traffic tickets and the proper disposition of individual tickets in municipal court (Section 56-7-30).

Requested by Chief W. D. McGarity, Chief of Police, Landrum.

Read full opinion.

January 25, 1978

Opinion on dual office holding (serves as a county tax assessor and hold another office simultaneously).

Requested by Mr. Robert H. McKie, Edgefield.

Read full opinion.

January 25, 1978

Opinion on Police Service Bureau records policy.

Requested by Joseph A. Earle, Esquire, Greenville County Attorney.

Read full opinion.

January 25, 1978

Opinion on the Freedom of Information Act.

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

Read full opinion.

January 25, 1978

Opinion on elections (procedure for when candidates do not receive a majority of the vote in the first primary, South Carolina Code of Laws, 1976, § 7-13-50).

Requested by George Warren, Jr., Esquire, Attorney for Hampton County.

Read full opinion.

January 25, 1978

Opinion on whether residents in a nursing home can register to vote by absentee registration.

Requested by Mrs. Pearl M. Stevenson, Member, Abbeville County Board of Registration.

Read full opinion.

January 24, 1978

Opinion on definition of the term “alleged discrimination” as used in the amended version of the State Employee Grievance Procedure Act (Section 8-17-20 of the Code of Laws of South Carolina, 1977 Cum. Supp.).

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

Read full opinion.

January 24, 1978

Opinion on the issuance of arrest warrants and uniform traffic tickets (Section 56-7-10 of the 1976 Code of Laws).

Requested by Assistant Chief R.F. Roark, Union City Police Department.

Read full opinion.

January 23, 1978

Opinion on whether or not the Town Council have authority to discharge a town manager in an executive session (not a public session) to becoming effective.

Requested by The Honorable Leonard B. Burgess, Mayor, Town of Kingstree.

Read full opinion.

January 23, 1978

Opinion on applicability of § 61-7-120 to employees of wholesale or retail liquor businesses

Requested by Mr. Clifford R. Raysor, Hearing Officer, S.C. Alcoholic Beverage Control.

Read full opinion.

January 20, 1978

Opinion on the election laws of this State provide only for cities in South Carolina to order elections to be held by non-partisan election for municipal offices.

Requested by The Honorable J. Robert Martin, Member, Union County Council.

Read full opinion.

January 20, 1978

Opinion on whether jointly-owned property which is not the dwelling place of its owners does not qualify for the homestead exemption (Section 12-37-250 of the 1976 Code of Laws).

Requested by The Honorable W.S. Richbourg, Auditor, Clarendon County.

Read full opinion.

January 20, 1978

Opinion on whether Lexington County Magistrates and city recorders have concurrent jurisdiction to issue arrest warrants for crimes occurring within the respective city limits.

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

Read full opinion.

January 19, 1978

Opinion on whether a law officer may set bond on a courtesy summons or must the bond be set by the Mayor or Recorder.

Requested by Edward Warren, Chief of Police, Batesburg Police Department.

Read full opinion.

January 18, 1978

Opinion on the use of independent contractors by State agencies.

Requested by Mr. Dick Hutto, State Auditor’s Office.

Read full opinion.

January 18, 1978

Opinion on Special Constables (without Compensation) Schedule Bond-State of South Carolina

Requested by Mr. William B. San Soucie, Manager, Bond Department, Insurance Company of North America.

Read full opinion.

January 17, 1978

Opinion on whether or not the Greenville County Recreation District can enter into an agreement to conduct recreation programs within the City of Greenville.

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

Read full opinion.

January 17, 1978

Opinion on when an election must be held when the Register of Mesne Conveyances is going to retire (1962 Code of Laws of South Carolina, Section 60-4.1.).

Requested by Joseph S. Mendelsohn, Esquire, Charleston.

Read full opinion.

January 17, 1978

Opinion on whether or not a seine less than forty feet in length placed in the salt water creeks and channels be considered a channel net defined in Wildlife and Marine Resources Division Rule 123-20, and would it be subject to the licensing provisions of Section 50-17-360(1), 1976 Code.

Requested by Sargeant Eugene Pluto, Wildlife and Marine Resources Department.

Read full opinion.

January 17, 1978

Opinion on whether or not a town councilman or mayor of a town could receive pay as a volunteer fireman for that town, without violating Section 47-47 of Act No. 283, 1975 Acts and Joint Resolutions of South Carolina.

Requested by The Honorable. William A. Slover, Mayor, Town of Batesburg.

Read full opinion.

January 16, 1978

Opinion on whether or not Act 674 of the Acts and Joint Resolutions of 1976 limit traditional judgment creditor’s rights to enforce a judgment (Section 15-39-10 et seq. Code of Laws of South Carolina (1976)).

Requested by Richland County Attorney.

Read full opinion.

January 16, 1978

Opinion concerning the applicability of the Administrative Procedures Act to lower level grievance hearings conducted by state agencies.

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

Read full opinion.

January 16, 1978

Opinion on whether regulations, which were promulgated and filed with the Secretary of State prior to January 1, 1977, must be promulgated anew in accordance with the Administrative Procedures Act (Code of Laws of South Carolina § 1-23-10 et seq. (1976)).

Requested by Frank S. Potts, Esquire, General Counsel, S. C. Department of Social Services.

Read full opinion.

January 16, 1978

Opinion on legality of the State Development Board’s interest-guarantee contract.

Requested by Mr. Maceo Nance, Financial Resources Representative, State Development Board.

Read full opinion.

January 16, 1978

Opinion on several matters relating to Horry County.

Requested by Mr. Julian Richardson, Chairman, Horry County Council.

Read full opinion.

January 16, 1978

Opinion on the State Administrative Procedures Act (Code of Laws of South Carolina §§ 1-23-310 et seq. (Supp. 1977) as it relates to the State Employee Grievance Procedures Act, Code of Laws of South Carolina §§ 8-17-20, et seq. (1976)).

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

Read full opinion.

January 13, 1978

Opinion on whether or not Beaufort County is authorized to enact an ordinance banning the sale of fireworks pursuant to the provisions of Regulation 19–62(12) of the State Fire Marshal.

Requested by Mr. James R. Cook, Director, Beaufort County Department of Inspections.

Read full opinion.

January 13, 1978

Opinion on how a determination would be made for the winners of a democratic primary for three vacancies on the county council.

Requested by Mr. Charlie I. Crews, Chairman, County Council of Hampton County.

Read full opinion.

January 13, 1978

Opinion on whether or not the statutes of the Civil Defense Advisory Commission of Horry County have been repealed (55 STAT. 1152 (1967).

Requested by Mr. Carroll D. Padgett, Jr., Horry County Civil Defense Agency.

Read full opinion.

January 13, 1978

Opinion on South Carolina Automobile Reparation Reform Act of 1974.

Requested by Colonel W.J. Seaborn, S. C. State Highway Department.

Read full opinion.

January 12, 1978

Opinion on the possibility of the city taking over waste treatment facilities which serve Greenview, Farrow Hills, and Farrow Terrace Subdivisions in the Greenview Section of the City of Columbia from the Department of Health and Environmental Control.

Requested by The Honorable Graydon V. Olive, City Manager, City of Columbia.

Read full opinion.

January 12, 1978

Opinion on whether the term “district” applies to the Beaufort-Jasper Water Authority pursuant to § 2 of Act No. 397, S.C. ACTS, 1965.

Requested by Mr. E. Penn Estabrook, Projects Director. Lowcountry Council of Governments.

Read full opinion.

January 12, 1978

Opinion on Laurens County Water Resources Commission.

Requested by Albert D. McAlister, Esquire, Laurens.

Read full opinion.

January 12, 1978

Opinion on whether the Chester County Council can set legal fees to be charged by the Sheriff’s Department which are contrary to the fees to be charged under Section 23-19-10, Code of Laws of South Carolina (1976).

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

Read full opinion.

January 12, 1978

Opinion on when should a police officer activate his blue light when pursuing a traffic offender beyond the limits of the municipality (Sections 17-13-40 and 23-1-10, Code of Laws of South Carolina, 1976).

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

Read full opinion.

January 12, 1978

Opinion on whether a law officer may set bond on a courtesy summons or must the bond be set by the Mayor or Recorder.

Requested by Edward Warren, Chief of Police, Batesburg Police Department.

Read full opinion.

January 10, 1978

Opinion on whether the City of Kingstree Housing Authority may extend its jurisdiction to include all of Williamsburg County (§ 31-3-390).

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

Read full opinion.

January 9, 1978

Opinion on definition of “state agency” relating to the South Carolina Interagency Council on Public Transportation (State Register and Administrative Procedure Act, Code of Laws of South Carolina, Section 1-23-10 et seq. (1977 Cum Supp.))

Requested by Paul W. Cobb, Chief Commissioner, Department of Highways and Public Transportation.

Read full opinion.

 

January 9, 1978

Opinion on whether or not a school district is required to provide sick leave pay to those full-time employees on maternity leave.

Requested by Everett N. Dean, Superintendent, Florence County School District No. 2.

Read full opinion.

January 9, 1978

Opinion on whether the seller of a shotgun under a purchase security agreement may be protected for the balance due him under the agreement when the shotgun has been confiscated and sold (Section 50-11-2100, Code of Laws of South Carolina (1976)).

Requested by Fred Zeigler, Esquire, South Carolina Wildlife and Marine Resources Department.

Read full opinion.

January 9, 1978

Opinion on the holding of executive sessions pursuant to the Freedom of Information Act (Sections 30-3-10 et seq., Code of Laws of South Carolina, 1976).

Requested by Mr. S.M. Brown, Jr., Kingstree City Manager.

Read full opinion.

January 9, 1978

Opinion on the Jasper County Council pursuant to Act No. 283 of 1975 (§ 4-9-10(b), Code of Laws of South Carolina, 1976).

Requested by Mr. Farris Highsmith, Chairman, Jasper County Hospital Commission.

Read full opinion.

January 9, 1978

Opinion on transmission of yellow copies of traffic tickets by a municipality, county, or State law enforcement agency to the S.C. Department of Highways and Public Transportation (Section 17-1-40, Code of Laws of South Carolina (1976)).

Requested by L. Edward Simmons, Chief of Police, North Charleston Police Department.

Read full opinion.

January 9, 1978

Opinion on what the requirements for commission of the offense of “resisting arrest” are.

Requested by Ms. Verna Mixson, Allendale Police Department.

Read full opinion.

January 9, 1978

Opinion on whether or not a particular individual could perform certain activities without complying with South Carolina’s Real Estate Licensing Law (Code of Laws of South Carolina, 1976, § 40-57-10, et seq.).

Requested by The Honorable Ryan Johnson, Deputy Commissioner, S. C. Real Estate Commission.

Read full opinion.

January 6, 1978

Opinion on whether a governing body can require a permit to move a mobile home from one point in the County to another point outside the County (Sections 4–9–30(5) and (14) and 31–17–310, et seq. of the 1976 Code of Laws).

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

Read full opinion.

January 6, 1978

Opinion on whether or not bond estreatments be divided between the County and the State as specified in Article VIII, Section 3 of Act No. 690 of 1976.

Requested by County Attorney.

Read full opinion.

January 6, 1978

Opinion on authority for a security guard to carry a pistol about his person while in the performance of his duties (Section 16-23-20(8).

Requested by Claude M. Epps, Jr., Esquire, Myrtle Beach.

Read full opinion.

January 6, 1978

Opinion on Section 20-7-40, Code of Laws of South Carolina (support for minor child born to unmarried female who is receiving Aid to Families with Dependent Children).

Requested by Mr. Roy R. Loyd, Chief, Division of Public Assistance, South Carolina Department of Social Services.

Read full opinion.

January 6, 1978

Opinion on whether or not the State Fire Marshal can modify Regulation 19–61(10) to permit the sale of fireworks called ‘M–50’s’.

Requested by Mr. Michael W. Battle, Division of General Services.

Read full opinion.

January 6, 1978

Opinion on whether the issuance of a uniform traffic ticket in an accident situation must be accompanied by an arrest.

Requested by Deputy Chief Schuyler M. Meyer, III, Charleston County Police Department.

Read full opinion.

January 6, 1978

Opinion on three questions regarding county government.

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

Read full opinion.

Schedule a Tour or Visit

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

image description
Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

Room 519 | Columbia, S.C. 29201

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

Back to top