Archive for the ‘1978 Opinions’ Category

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.

August 8, 1978

Opinion on the meaning of Part I, Section 31 of the 1978-79 General Appropriation Bill for the State Department of Education.

Requested by Dr. Charlie D. Williams, Deputy Superintendent, Department of Education.

Read full opinion.

August 8, 1978

Opinion on municipal tort liability for damages incident to a dam and municipal responsibility for repairs thereto.

Requested by The Honorable Charles Ellenburg, Sr., Mayor, City of Easley.

Read full opinion.

August 8, 1978

Opinion on whether a landowner can retain private counsel to act as prosecutor for cases involving criminal wildlife violations.

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

Read full opinion.

August 8, 1978

Opinion on the legality of certain conduct in view of the rules and regulations governing the real estate profession of South Carolina.

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

Read full opinion.

August 8, 1978

Opinion on whether it is lawful for Lancaster County to supplement State employees (Section 4-11-170, Code of Laws of South Carolina (1976)).

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

Read full opinion.

August 8, 1978

Opinion on whether magistrates have the authority to grant a motion for summary judgment in civil cases (no contested material issue of fact)

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

Read full opinion.

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.

August 7, 1978

Opinion on 1978 Freedom of Information Act.

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

Read full opinion.

August 7, 1978

Opinion on the meaning of ‘the sixth degree’ as used in the act relating to nepotism (S.C. Code of laws (1976) Section 8-5-10).

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

Read full opinion.

August 7, 1978

Opinion on whether or not the employees of the Santee-Cooper Counties Promotion Commission are eligible to participate in the State health insurance plan.

Requested by Mrs. Phyllis B. Beighley, Insurance Benefits Manager.

Read full opinion.

August 7, 1978

Opinion on the destruction of administrative records (Section 17-1-40, Code of Laws of South Carolina, 1976).

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

Read full opinion.

August 4, 1978

Opinion on the validity of using South Carolina Highway Department ‘C-funds’ for the resurfacing of airport runways owned by airport authorities or counties.

Requested by The Honorable Solomon Blatt, Sr., Speaker Emeritus, South Carolina House of Representatives.

Read full opinion.

August 4, 1978

Opinion on the Good Samaritan Statute (Section 15-1-310, Code of Laws of South Carolina, 1976).

Requested by Joe E. Berry, Jr., Esquire, South Carolina Chapter of the American National Red Cross.

Read full opinion.

August 4, 1978

Opinion on dual office holding (member of the State Development board and member of the Blackville Town Council).

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

Read full opinion.

August 4, 1978

Opinion on whether the Beaufort County Council would be required to hold a public hearing prior to enacting an ordinance to amend the County Tax Levy and Appropriation Ordinance.

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

Read full opinion.

August 4, 1978

Opinion on unclaimed deposits with the Commissioners of Public Works of the Town of Summerville.

Requested by Walter M. Bailey, Jr., Esquire, Walker, Smith, Bailey and Carroll.

Read full opinion.

August 4, 1978

Opinion on confidentiality required of Commissioner of Labor under Section 41-3-350, Code of Laws of South Carolina, 1976.

Requested by The Honorable E.L. McGowan, Commissioner, Department of Labor.

Read full opinion.

August 4, 1978

Opinion on the validity of using South Carolina Highway Department ‘C-funds’ for the resurfacing of airport runways owned by airport authorities or counties.

Requested by The Honorable Solomon Blatt, Sr., Speaker Emeritus, South Carolina House of Representatives.

Read full opinion.

August 3, 1978

Opinion on insurance for school districts.

Requested by Mr. John C. Cone, Executive Director, S.C. School Boards Association.

Read full opinion.

August 3, 1978

Opinion on juries, service of process and summons.

Requested by Peter D. Hyman, Esquire.

Read full opinion.

August 3, 1978

Opinion on interpreting certain provisions of the State Appropriations Act relating to per diem for members of the Department of Highways and Public Transportation Commission.

Requested by Mr. H.P. Kinder, Assistant Comptroller, Office of Comptroller General.

Read full opinion.

August 3, 1978

Opinion on appointment of Constable for a particular occasion to select jurors in civil and criminal cases.

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

Read full opinion.

August 3, 1978

Opinion on Magistrate authorizing person from another county to execute endorsed warrant.

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

Read full opinion.

August 1, 1978

Opinion on whether private police can give tickets in private subdivisions which they are hired to guard.

Requested by Colonel W. J. Seaborn, Department of Highways and Public Transportation.

Read full opinion.

August 1, 1978

Opinion on whether an election can be called now for a date after the effective date of a senator’s resignation.

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

Read full opinon.

July 31, 1978

Opinion on whether a judge could serve as a poll manager in the November general election in light of serving as a magistrate.

Requested by The Honorable Alex Chatman, Greeleyville.

Read full opinion.

July 31, 1978

Opinion on whether or not the salary of the Hampton County Council members can be increased effective July 1, 1978 (Section 4-9-100, Code of Laws of South Carolina, 19776).

Requested by Mrs. Virginia D. Lathan, County Clerk, County Council of Hampton County.

Read full opinion.

July 28, 1978

Opinion on the eligibility of a retired member to establish nonmember service.

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

Read full opinion.

July 28, 1978

Opinion on the validity of the Marion County Council voting procedure.

Requested by The Honorable Archibald H. Buchan, Member, South Carolina House of Representatives.

Read full opinion.

July 28, 1978

Opinion on legality of collection of certain statistical information on manufacturing processes in South Carolina by the Department of Labor, the Governor’s Office of Energy Management and Clemson University (Section 41-3-350, Code of Laws of South Carolina, 1976)..

Requested by The Honorable E.L. McGowan, Commissioner, Department of Labor.

Read full opinion.

July 27, 1978

Opinion on the legal status of the Grand Strand Water & Sewer Authority, 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.

July 27, 1978

Opinion on the proper court for the hearing of probation violations.

Requested by The Honorable A. Lee Chandler, Judge, Fourth Judicial Circuit.

Read full opinion.

July 27, 1978

Opinion on the legal status of the South Greenville Fire 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.

July 27, 1978

Opinion on which court has jurisdiction to decide whether the executor/administrator of an estate desires extra compensation above that allowed by statute (Section 21-15-1450 of the Code of Laws of South Carolina, 1976).

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

Read full opinion.

July 26, 1978

Opinion on whether or not the Chairman of the Marion County Council is entitled to vote on any and all matters which come before the Council (Sections 4-9-610 through -670, Code of Laws of South Carolina, 1976).

Requested by The Honorable Archibald Hinson Buchan, Member, South Carolina House of Representatives.

Read full opinion.

July 26, 1978

Opinion on whether a per diem shall be paid to any witness who is in receipt of a salary or per diem compensation from the State (Section 19-9-40 of the Code of Laws of South Carolina (1976)).

Requested by R. Ramsey Mellette, Jr., M.D., Medical University of South Carolina.

Read full opinion.

July 26, 1978

Opinion on administrative search warrants.

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

Read full opinion.

July 26, 1978

Opinion on salaries of heads of agencies.

Requested by The Honorable Earle E. Morris, Jr., Comptroller General.

Read full opinion.

July 26, 1978

Opinion on statutes, dates, contracts.

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

Read full opinion.

July 26, 1978

Opinion on refunds on forged joint returns or with forged endorsement.

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

Read full opinion.

July 25, 1978

Opinion on legal age of law enforcement officers (Article XVII, Section 14 of the South Carolina Constitution).

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

Read full opinion.

July 25, 1978

Opinion on the validity of a motion by the Darlington County Council.

Requested by Mr. James L. White, Darlington County Administrator.

Read full opinion.

 

July 25, 1978

Opinion on how candidates would be nominated for ballot position for the Allendale County Board of Education.

Requested by Thomas O. Lawton, Jr., Esquire, Attorney for Allendale County.

Read full opinion.

July 24, 1978

Opinion on earnable compensation under Section 9-1-10(16)).

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

Read full opinion.

July 24, 1978

Opinion on National Pollutant Discharge Elimination System Permits (Section 48-1-10 et seq., Code of Laws of South Carolina, 1976).

Requested by The Honorable John C. White, Regional Administrator, U.S.E.P.A.—Region IV.

Read full opinion.

July 24, 1978

Opinion on whether transcripts of statements made during a legislative committee meeting can be considered in ascertaining legislative intent.

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

Read full opinion.

July 24, 1978

Opinion on personal property taxes – penalty for failure to return.

Requested by Mr. James L. Brodie, Supervisor, Reassessment.

Read full opinion.

July 21, 1978

Opinion on dual office holding (member of General Assembly and State employee).

Requested by Mr. P.G. Reeves, Jr., Deputy Commissioner, S.C. Department of Mental Health.

Read full opinion.

July 21, 1978

Opinion on elections.

Requested by Mr. Wayne Clary, Member of Board of Trustees, Cherokee County School District #1.

Read full opinion.

July 21, 1978

Opinion on whether a portion of the Tuition Grants appropriation can be reserved for commitments to commuting students (non-boarding) who may apply after all other funds have been awarded.

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

Read full opinion.

July 21, 1978

Opinion on dual office holding (member of the General Assembly and a State employee).

Requested by Mr. P.G. Reeves, Jr., Deputy Commissioner, S.C. Department of Mental Health.

Read full opinion.

July 20, 1978

Opinion on private investigators (Section 40-17-140(12) of the Code of Laws of South Carolina, 1976).

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

Read full opinion.

July 20, 1978

Opinion on school district teachers’ salaries.

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

Read full opinion.

July 19, 1978

Opinion on Judges.

Requested by Mr. Howard L. Chappell, Executive Secretary, Board of Commissioners on Judicial Standards.

Read full opinion.

July 19, 1978

Opinion on documentary stamp taxes.

Requested by Bruce W. White, Esquire.

Read full opinion.

July 18, 1978

Opinion on if the calling of a referendum concerning funding of certain “non-departments” in Aiken County would jeopardize state funding for that county.

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

Read full opinion.

July 18, 1978

Opinion on Assistant Solicitors’ salaries (Section 1-7-405, Code of Laws of South Carolina, 1976).

Requested by The Honorable Alvin Biggs, Assistant Solicitor.

Read full opinion.

July 18, 1978

Opinion on elections of magistrates (Article V, Section 23 of the South Carolina Constitution).

Requested by Mr. J. Eugene Altman, Aynor.

Read full opinion.

July 17, 1978

Opinion on the State Employee Grievance Committee (Section 8-17-30 of the 1976 Code of Laws, as amended).

Requested by Dr. Jack S. Mullins, Director, Budget and Control Board.

Read full opinion.

July 17, 1978

Opinion on the legality of an ordinance pertaining to junk automobiles (Section 5-7-80, Code of Laws of South Carolina, 1976).

Requested by John W. Bledsoe, Chief, New Ellenton Police Department.

Read full opinion.

July 16, 1978

Opinion on alcoholic beverages, malt beverages, warrants (Section 17-3-90 and Title 61 of the Code of Laws of South Carolina, 1976, as amended).

Requested by Officer Dick Bennett, Investigator Special Operations.

Read full opinion.

July 14, 1978

Opinion on Department of Corrections – general.

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

Read full opinion.

July 14, 1978

Opinion on the effective date of the moratorium on expansion of curricula, staff and faculties higher learning mandated by higher learning mandated by Act 410 of the 1978 Acts and Joint Resolutions of South Carolina.

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

Read full opinion.

July 14, 1978

Opinion on whether Beaufort County Council can amend an ordinance relating to appropriations without going through the same process by which the original ordinance became law.

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

Read full opinion.

July 12, 1978

Opinion on whether the State Board of Education was empowered to license real estate schools.

Requested by Mr. Joseph V. Pendergrass, Proprietary School Supervisor, South Carolina Department of Education.

Read full opinion.

July 12, 1978

Opinion on education in Marion County (Act 734 of the 1976 Acts and Joint Resolutions).

Requested by Mr. James C. Casey, Chairman, Marion County Board of Education.

Read full opinion.

July 11, 1978

Opinion on appropriations (Article III, Section 17 of the South Carolina Constitution).

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

Read full opinion.

July 11, 1978

Opinion on the validity of a proposed expenditure of public funds by the Town of Scranton for the installation of water service lines on private land owned by an eleemosynary corporation.

Requested by William B. Bryan, Esquire, Lake City.

Read full opinion.

July 11, 1978

Opinion on the certificate of the auditor and register of Mesne conveyances.

Requested by The Honorable Hazel B. Crosby, Acting Register of Mesne Conveyances, Charleston County.

Read full opinion.

July 11, 1978

Opinion on the meaning of the deadlines for notifying teachers of employment and their assignment (Section 59-25-410 of the 1976 Code of Laws of South Carolina, as amended).

Requested by Mr. R. James Roquemore, Dillon School District No. 2.

Read full opinion.

July 11, 1978

Opinion on whether the results of a referendum to be conducted by the City of Lancaster would be merely advisory or would be binding on the council (Section 5-17-10, Code of Laws of South Carolina, 1976).

Requested by The Honorable Sarah Glenn Rivelin, Member, City of Lancaster.

Read full opinion.

July 10, 1978

Opinion on amendments to election and liquor laws.

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

Read full opinion.

July 7, 1978

Opinion on statutory construction, motor vehicles (Section 56-23-80 of the Code of Laws of South Carolina (1976)).

Requested by T.M. LeGrand, Captain, Traffic Safety Education.

Read full opinion.

July 6, 1978

Opinion on H Bill 3881.

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

Read full opinion.

July 5, 1978

Opinion on property tax, owner of improvements made by lessee.

Requested by Mr. Laurie A. McLeod, Horry County Assessor.

Read full opinion.

June 30, 1978

Opinion on wine tax.

Requested by Mr. J.W. Lawson, Director, License Tax Division, South Carolina Tax Commission.

Read full opinion.

June 30, 1978

Opinion on which agency has the legal responsibility to provide education programs to children outside the jurisdiction of the Dept. of Mental Retardation.

Requested by Dr. Cyril B. Busbee, State Superintendent of Education, Dr. Charles D. Barnett, Commissioner, Department of Mental Retardation.

Read full opinion.

June 30, 1978

Opinion on education; school districts

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

Read full opinion.

June 30, 1978

Opinion on Section 5-7-170 of the South Carolina Code of Laws, 1976 (salary increase for mayor and city council).

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

Read full opinion.

June 29, 1978

Opinion on whether towns passing resolutions authorizing operation of housing authorities within the town limits needs the approval from the State Development Board.

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

Read full opinion.

June 29, 1978

Opinion on whether attorneys employed by an employment agency should be regarded as private attorneys by courts in appointment cases (42. U.S.C. Section 2996e(d)).

Requested by Ms. Ellen Hines Smith, Executive Director, Piedmont Legal Services, Inc.

Read full opinion.

June 28, 1978

Opinion on the legality of House Bill 4181 (authorizing certain school districts in Spartanburg County to charge matriculation and other incidental fees).

Requested by The Honorable James B. Stephen, Chairman, Senate Committee on Mental Health & Mental Retardation.

Read full opinion.

June 28, 1978

Opinion on the validity of an initiative proposing a local ordinance to preclude the spot reassessment of property (Article X, Section 3A of the South Carolina Constitution).

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

Read full opinion.

June 28, 1978

Opinion on power of municipalities to increase fines for certain misdemeanors (Section 5-7-30 of the Code of Laws of South Carolina, 1976).

Requested by Lt. W. Wallace Oswald, Batesburg Police Department.

Read full opinion.

June 28, 1978

Opinion on whether a conflict of interest exists where a spouse is a school teacher and the other spouse wants to run for the county school board.

Requested by Mr. H. Perry Holcomb, North Augusta.

Read full opinion.

June 28, 1978

Opinion on the validity of a county or municipal prohibition of the sale of fireworks enumerated as permissible in Section 23-35-10 of the South Carolina Code (1976).

Requested by Mr. Richard Neeley, Fireworks Inspector, Division of General Services.

Read full opinion.

June 27, 1978

Opinion on whether county treasurers are authorized to invest school district funds (Section 12-45-220, Code of Laws of South Carolina, 1976).

Requested by Harris A. Marshall, Jr., Esquire, Orangeburg County Attorney.

Read full opinion.

June 27, 1978

Opinion on whether the State Budget and Control Board is permitted to request clarifying information after a bid opening from any bidders.

Requested by Dr. Jack S. Mullins, Director, Budget and Control Board.

Read full opinion.

June 27, 1978

Opinion on whether money posted as bail with an arresting officer constitutes “public funds” and are susceptible to embezzlement (Section 16-13-210 o0f the Code of Laws of South Carolina).

Requested by Lieutenant J.V. Morris, State Law Enforcement Division.

Read full opinion.

June 26, 1978

Opinion on county government, pollution.

Requested by Charles Porter, Esquire, Richland County Attorney.

Read full opinion.

June 26, 1978

Opinion on dual office holding (member of Rock Hill Planning Commission and serve on the Catawba Center for Growth and Development).

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

Read full opinion.

June 26, 1978

Opinion on the salary of an assistant solicitor.

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

Read full opinion.

June 23, 1978

Opinion on occupancy for residential classification on property tax.

Requested by W.E. Jenkinson, III, Esquire, Williamsburg County Attorney.

Read full opinion.

June 23, 1978

Opinion on Standing Grievance Committee in Union County.

Requested by The Honorable James Robert Martin, Councilman, Union County.

Read full opinion.

June 22, 1978

Opinion on optometry and optometrists.

Requested by Mr. Jack S. Folline, Member, Board of Optometry and Opticianry.

Read full opinion.

June 22, 1978

Opinion on S.C. licensed chiropractors scope of license (use x-ray equipment and other treatment machinery and techniques).

Requested by Mr. D.H. Moseley, Jr., Manager, Claims Department, Columbia Group Division.

Read full opinion.

June 22, 1978

Opinion on whether the State Law Enforcement Division can release non-conviction criminal information to railroad security police.

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

Read full opinion.

June 22, 1978

Opinion on the eligibility of the Lewisville Family Care Center, Inc. for coverage through the state retirement system.

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

Read full opinion.

June 21, 1978

Opinion on pollution.

Requested by Hartsill Truesdale, P.E., Director, Division of Solid Waste Management, Bureau of Special Environmental Programs.

Read full opinion.

June 21, 1978

Opinion on which entity has authority to appoint the Williamsburg County Tax Collector (Section 4-9-170, Code of Laws of South Carolina, 1976).

Requested by Attorney in Kingstree.

Read full opinion.

June 21, 1978

Opinion on the interpretation of Sections 10-5-50 and -80 of the Code of Laws of South Carolina, 1976.

Requested by Mr. John A. McPherson, Jr., Chief Engineer, State Auditor’s Office.

Read full opinion.

June 21, 1978

Opinion on Act No. 463, 55 STAT. 680 (1967).

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

Read full opinion.

June 21, 1978

Opinion on documentary stamps.

Requested by B. Monroe Hiers, Esquire, Attorney for the Town of Bamberg.

Read full opinion.

June 21, 1978

Opinion on education, school districts; employment.

Requested by William B. Todd, Administrative Assistant, Charleston County School District, Augustine T. Smythe Buist, Moore, Smythe & McGee, and Gerald A. Kaynard, Esquire.

Read full opinion.

June 20, 1978

Opinion on a warrant of ejectment (Section 27-37-40, Code of Laws of South Carolina 1976).

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

Read full opinion.

June 20, 1978

Opinion on definition of “impact aid revenue” as used in the Education Finance Act.

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

Read full opinion.

June 20, 1978

Opinion on corporate license fees.

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

Read full opinion.

June 20, 1978

Opinion on minimum salaries for certain school teachers and administrators under the Education Finance Act.

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

Read full opinion.

June 20, 1978

Opinion on whether alcoholic beverages (minibottles) can be sold on statewide election days.

Requested by C. Kenneth Powell, Chairman, South Carolina Alcoholic Beverage Control Commission.

Read full opinion.

June 20, 1978

Opinion on merger of credit unions.

Requested by Mr. Robert C. Cleveland, Commissioner of Banking, Board of Financial Institutions.

Read full opinion.

June 20, 1978

Opinion on the Union County Sheriff.

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

Read full opinion.

June 20, 1978

Opinion on Section 1, Article VIII of the Judicial Reform Act (No. 690 of 1976).

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

Read full opinion.

June 20, 1978

Opinion on whether a state legislator is “another state employee” within the meaning of the Citadel’s Employee Grievance and Appeal Procedure.

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

Read full opinion.

June 20, 1978

Opinion on Section 27-39-250 of the South Carolina Code of Laws.

Requested by The Honorable Leo J. Zolnierowicz, Judge.

Read full opinion.

June 19, 1978

Opinion on housing policy.

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

Read full opinion.

June 19, 1978

Opinion on legislative history as aid to statutory construction.

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

Read full opinion.

June 19, 1978

Opinion on whether the Real Estate Commission would be justified in refusing to renew the license of a broker who is appealing an adverse ruling of the Real Estate Commissioner revoking his license.

Requested by Mr. Ryan Johnson, Deputy Commissioner, South Carolina Real Estate Commission.

Read full opinion.

June 19, 1978

Opinion on wholesale and retail sales by the same optician.

Requested by Dr. David C. Lewis, President, Board of Examiners.

Read full opinion.

June 19, 1978

Opinion on dual office holding (city council member and holding another municipal office in any municipality).

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

Read full opinion.

June 19, 1978

Opinion on what appropriate action an individual doing business in Cherokee Falls may take concerning improper maintenance of the local water and sewer system.

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

Read full opinion.

June 16, 1978

Opinion on whether the S.C. Department of Health and Environmental Control may issue a construction permit to a private water and sewer utility in derogation of a district regulation requiring all persons within the district to use the sewer system being constructed by the district.

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

Read full opinion.

June 16, 1978

Opinion on the validity of an expungement order issued by a municipal court judge.

Requested by Lieutenant Carl B. Stokes, S. C. Law Enforcement Division.

Read full opinion.

June 16, 1978

Opinion on statutory requirement for the Statement of Economic Interests.

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

Read full opinion.

June 15, 1978

Opinion on the sheriff or deputy sheriff breaking into homes in certain cases.

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

Read full opinion.

June 15, 1978

Opinion on whether a statute may be enacted applicable to Anderson County making provision for stricter regulations of pornography in Anderson County than are provided by the present Statewide pornography statute.

Requested by The Honorable Cebron Daniel Chamblee, Member, South Carolina House of Representatives.

Read full opinion.

June 15, 1978

Opinion on whether it is proper to make payments to the Chairman of the Board of Financial Institutions on line item appropriations in view of the fact that the Chairman is also the State Treasurer (Section 77).

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

Read full opinion.

June 14, 1978

Opinion on collection of delinquent property taxes (Section 12-51-40(c) of the Code of Laws of South Carolina, 1976).

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

Read full opinion.

June 14, 1978

Opinion on definition of “instructional staff” in the Education Finance Act of 1977.

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

Read full opinion.

June 14, 1978

Opinion on jurisdiction of magistrates.

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

Read full opinion.

June 14, 1978

Opinion on whether the Comptroller General is responsible to pay all ordinary and regular obligations of the Board of Chiropractic Examiners in light of the recent case of Gold v. Board of Chiropractic Examiners.

Requested by Mr. Kinsey J.H. Jenkins, Jr., Assistant Director, Accounts Payable, Office of Comptroller General.

Read full opinion.

June 13, 1978

Opinion on the Constitution, religions, schools.

Requested by Mr. David M. Brown, Superintendent of Education.

Read full opinion.

June 12, 1978

Opinion on administrative procedure, rules and regulations, time.

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

Read full opinion.

June 12, 1978

Opinion on whether a judge in the unified judicial system may engage in the practice of law (Canon 5(F) of the Code of Judicial Conduct).

Requested by Mr. Howard L. Chappell, The Board of Commissioners on Judicial Standards.

Read full opinion.

June 12, 1978

Opinion on whether a school district in South Carolina is permitted to auction real estate which it owns without employing the services of a licensed auctioneer.

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

Read full opinion.

June 9, 1978

Opinion on Section 7-13-770 of the Code of Laws of South Carolina, 1976.

Requested by The Honorable Tom Elliott, Treasurer of Richland County.

Read full opinion.

June 9, 1978

Opinion on whether the Greenville County Council has the authority to alter the administration procedures over the office of the Greenville County Supervisor.

Requested by Mr. Joseph M. Davis, Jr., Simpsonville.

Read full opinion.

June 8, 1978

Opinion on the Hold Harmless clause in the Education Finance Act.

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

Read full opinion.

June 8, 1978

Opinion on Section 44-63-130 of the Code of Laws of South Carolina, 1976.

Requested by Ms. Doris M. Byars, Director, Office of Vital Records, S. C. Department of Health & Environmental Control.

Read full opinion.

June 8, 1978

Opinion on whether the Comptroller General should pay the financial obligations of the Board of Chiropractic Examiners

Requested by Mr. Kinsey J. H. Jenkins, Jr., Assistant Director, Accounts Payable, Office of Comptroller General.

Read full opinion.

June 8, 1978

Opinion on the applicability of Act No. 111 of 1977 to tobacco auctioneers practicing in this state.

Requested by Mr. Frank Caggiano, Director, Research and Administration, S.C. House of Representatives.

Read full opinion.

June 8, 1978

Opinion on whether or not the Union County Council can relieve the Union County Supervisor of his responsibility for the supervision of roads and bridges in Union County.

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

Read full opinion.

June 8, 1978

Opinion on whether a city recorder may appear as counsel for a defendant charged in magistrate’s court in the same county in which the recorder serves (Supreme Court Rule 33, Code of Judicial Conduct).

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

Read full opinion.

June 8, 1978

Opinion on whether Section 12-4 of the 1976 Code of Laws of the Town of Jonesville, South Carolina, vests trial jurisdiction of the offense of resisting arrest in the municipal court.

Requested by James W. Workman, Esquire, Union.

Read full opinion.

June 7, 1978

Opinion on reimbursement for indigents.

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

Read full opinion.

June 7, 1978

Opinion on the selection of architectural and engineering firms under Act. No. 1136 of 1974 (Sections 10-5-50 and 10-5-80 of the 1976 Code of Laws).

Requested by Mr. John A. McPherson, Jr., Chief Engineer, State Auditor’s Office.

Read full opinion.

June 6, 1978

Opinion on the New Homemakers Camp, Orangeburg County

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

Read full opinion.

June 6, 1978

Opinion on whether or not the Florence City-County Airport, Commission is authorized to approve a deficit operating budget.

Requested by Mr. Willard W. Watts, Jr., Assistant Airport Director, City-County Airport Commission.

Read full opinion.

June 5, 1978

Opinion on property tax valuation of real property vested in the tax assessor.

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

Read full opinion.

June 5, 1978

Opinion on whether or not the Greenville Memorial Auditorium District is authorized to levy an innkeeper’s tax within its service area (Act No. 1210 of 1940).

Requested by The Honorable Charles G. Garrett, Member, South Carolina Senate.

Read full opinion.

June 2, 1978

Opinion on whether the roads to the Spring Valley residential area are owned by the county or state.

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

Read full opinion.

June 2, 1978

Opinion on the ability of the Board of Juvenile Placement and Aftercare to include restitution as a condition in a juvenile offender’s conditional release agreement.

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

Read full opinion.

June 2, 1978

Opinion on stray animals (Sections 47-7-10, 47-7-110, 47-7-130, 47-7-140 of the Code of Laws of South Carolina, 1976).

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

Read full opinion.

June 1, 1978

Opinion on the constitutionality of acts dealing with school districts under the county “home rule” amendment (Article XI, Section 3 of the Constitution).

Requested by W.E. Jenkinson, III, Esquire, Kingstree.

Read full opinion.

May 31, 1978

Opinion on Section 15-77-201 et seq. of the South Carolina Government Motor Vehicles Tort Claim Act.

Requested by Brigadier General James W. Henderson, Deputy Adjutant General.

Read full opinion.

May 31, 1978

Opinion on the capability of the S.C. Soybean Board to lawfully make contributions to American Agriculture.

Requested by The Honorable John Jay James, Chairman, The Agriculture Commission of South Carolina.

Read full opinion.

May 31, 1978

Opinion on whether magistrates have the authority to dismiss a civil action in cases where the plaintiff neglects to proceed in the cause against the defendant as may be necessary or to appear at the trial.

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

Read full opinion.

May 30, 1978

Opinion on liens on personal property and real property.

Requested by Deirdre E. Shanahan, Attorney, Division of Credit Practices, Federal Trade Commission.

Read full opinion.

May 30, 1978

Opinion on whether the State Employee Grievance Committee has jurisdiction to consider the appeal of an employee of the University of South Carolina.

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

Read full opinion.

May 30, 1978

Opinion on Rule 13 of the Rules of the Supreme Court of South Carolina.

Requested by Mr. James E. Cornwell, Jr., Gross, Stowe and Shepherd, Toccoa Georgia.

Read full opinion.

May 30, 1978

Opinion on mortgaged personal property (Section 45-157 of the 1962 Code of Laws of South Carolina).

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

Read full opinion.

May 30, 1978

Opinion on whether Municipal, County and State law enforcement officers are permitted to carry pistols if they are regular and salaried (Section 16-23-20, S.C. Code of Laws, 1976).

Requested by James A. Tollison, Patrolman, Tri-County Technical College.

Read full opinion.

May 30, 1978

Opinion on whether or not a city council member can be reimbursed for babysitting expenses incurred in connection with her attendance at council meetings (Section 5-7-170, Code of Laws of South Carolina, 1976).

Requested by Hubert E. Yarborough, III, Esquire, Greenville.

Read full opinion.

May 30, 1978

Opinion on public roads (Section 57-17-20 of the code of laws of South Carolina).

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

Read full opinion.

May 30, 1978

Opinion on membership on the South Carolina Commission on Higher Education.

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

Read full opinion.

May 30, 1978

Opinion on whether golf carts may be considered to be motor vehicles and qualify to be transported on car carriers of 60 feet in length (Section 56-5-4070 of the Code of Laws of South Carolina).

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

Read full opinion.

May 30, 1978

Opinion on dissemination of information.

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

Read full opinion.

May 30, 1978

Opinion on Section 7206(1) of the Internal Revenue Code.

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

Read full opinion.

May 29, 1978

Opinion on the legality of proposed vegetation maintenance agreements for controlling the problem of vegetation which obstructs view of outdoor advertising devices.

Requested by The Honorable Paul W. Cobb, Chief Highway Commissioner, S.C. Department of Highways & Public Transportation.

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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