Archive for the ‘1978 Opinions’ Category

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.

May 29, 1978

Opinion on what suspension action the South Carolina Highway Department may take on DUI convictions charged under State statute while operating on military reservations.

Requested by Mr. E.P. Austin, Jr., Director, Motor Vehicles Division, South Carolina Department of Highways and Public Transportation.

Read full opinion.

May 26, 1978

Opinion on the duties and responsibilities of the Treasurer of Aiken County.

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

Read full opinion.

May 26, 1978

Opinion on what constitutes a majority vote (quorum) for the South Carolina Consumer Affairs Commission to do business.

Requested by Member, South Carolina House of Representatives.

Read full opinion.

May 26, 1978

Opinion on South Carolina Consumer Affairs Commission Section 37–6–502, Code of Laws, 1976.

Requested by The Honorable Palmer Freeman, Jr., Member, South Carolina House of Representatives.

Read full opinion.

May 26, 1978

Opinion on selecting members of the State Board of Medical Examiners (Section 40-47-10, Code of Laws of South Carolina, 1976).

Requested by Vernon E. Merchant, Jr., M.D., President, State Board of Medical Examiners.

Read full opinion.

 

May 26, 1978

Opinion on whether releases need to be obtained by audience members who may be shown in a film showing artists and the audience at public minifestivals.

Requested by Ms. Penny Knight, Grants Coordinator, South Carolina Arts Commission.

Read full opinion.

May 25, 1978

Opinion on the term “real dollars” as used in Section 4(3) of the Education Finance Act.

Requested by Mr. Ray Burnett, Deputy Superintendent, Department of Education.

Read full opinion.

May 25, 1978

Opinion on whether the Uniform Merit Rating Plan is an ex post facto law.

Requested by Member, South Carolina House of Representatives.

Read full opinion.

May 25, 1978

Opinion on whether a grievant’s failure to comply with the time period requirements for the agency’s grievance procedure forfeits the right to continue the appeal under the internal grievance procedure.

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

Read full opinion.

May 25, 1978

Opinion on whether or not the Sumter County Council is authorized to adopt and enforce a historic preservation zoning ordinance for the rural area of Sumter County.

Requested by Mr. W. Wayne Gray, Director, Santee-Lynches Council for Governments.

Read full opinion.

May 25, 1978

Opinion on what action can be taken by the Highway Patrol against those who pass stopped school buses on private roads (Section 56-5-2770 of the Code of Laws of South Carolina, 1976).

Requested by Colonel W.J. Seaborn, State Highway Patrol.

Read full opinion.

May 25, 1978

Opinion on whether a city recorder may authorize another individual to sign a prisoner discharge in recorder’s name.

Requested by C. Walker Limehouse, Esquire, Orangeburg City Attorney.

Read full opinion.

May 24, 1978

Opinion on the Sections 2-17-10 et seq., Code of Laws of South Carolina, 1976.

Requested by Ms. Jacqueline E. Jacobs, Ph.D., Executive Director, The South Carolina Wildlife Federation.

Read full opinion.

May 24, 1978

Opinion on the validity of certain contracts entered into by the St. John’s Fire District Commission and the authority of the Commission to the negotiation of said contracts.

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

Read full opinion.

May 24, 1978

Opinion on whether or not the Bluffton Mayor and City Council are authorized to abolish the Bluffton Board of Adjustment.

Requested by William W. Jones, Jr., Esquire, Hilton Head Island.

Read full opinion.

May 23, 1978

Opinion on whether teacher aides can be counted in computing the pupil-teacher ratio (Section 4(5) of the Education Finance Act).

Requested by Mr. Ray Burnett, Deputy Superintendent, Department of Education.

Read full opinion.

May 23, 1978

Opinion on whether a physician has to be present or in the immediate vicinity of a physician’s assistant when that physician’s assistant is performing an approved task for the physician (Regulation Number 81–100(2) and (7) of the State Board of Medical Examiners).

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

Read full opinion.

May 23, 1978

Opinion on coroners, dead bodies, vital statistics.

Requested by J.M. Richardson, Marion County Coroner.

Read full opinion.

May 23, 1978

Opinion on pinball machines.

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

Read full opinion.

May 23, 1978

Opinion on vaccination of animals against rabies (Section 47-5—60, South Carolina Code of Laws, 1976).

Requested by Mr. Phillip D. Burnes, Town Manager, Winnsboro.

Read full opinion.

May 23, 1978

Opinion on the necessity of obtaining sealed bids to sell used vehicles to another political subdivision (Section 4-9-30(2) Code of Laws of South Carolina, 1976).

Requested by The Honorable Charlie I. Crews, Chairman, Hampton County Council.

Read full opinion.

May 23, 1978

Opinion on arrest warrants issued by campus security officers (South Carolina Code of Laws, 1976, Section 40-17-10, et. seq. (Section 56-646.1 et. seq., 1962 Code).

Requested by R. Grey Mayson, Chief, Public Safety Department, Presbyterian College.

Read full opinion.

May 23, 1978

Opinion on drawing and uttering fraudulent checks (Section 34-11-60 of the South Carolina Code of Laws, 1976)

Requested by The Honorable Ted B. Wyndham, Greenwood City Recorder.

Read full opinion.

May 23, 1978

Opinion on the council form of government of the City of Lancaster (Section 5-11-10 et seq., Code of Laws of South Carolina 1976).

Requested by Thomas W. Thomas, Esquire, Attorney for City of Lancaster.

Read full opinion.

May 22, 1978

Opinion on age requirement to lawfully serve as law enforcement officers in the state.

Requested by Executive Director, Criminal Justice Academy.

Read full opinion.

May 22, 1978

Opinion on the validity of a regulation requiring all properties to which sewer service is available to utilize the district’s sewage collection facilities.

Requested by Mr. Robert E. Barker, Executive Director, Georgetown County Water and Sewer District.

Read full opinion.

May 22, 1978

Opinion on the propriety of receipt by presidents of state institutions of higher education for salary supplements or expense allowances which are in excess of compensation and expenses provided by the State.

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

Read full opinion.

May 22, 1978

Opinion on the authority of the Board of Pharmaceutical Examiners to exempt a candidate for licensure as a registered pharmacist from the internship requirements imposed by Regulation 99-12 of the Board.

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

Read full opinion.

May 22, 1978

Opinion on the meaning of the term “graduate” in Section 40-53-50, Code of Laws of South Carolina, 1976.

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

Read full opinion.

May 22, 1978

Opinion on access to criminal history records (Section 20.3(c), 28 CFR Part 20, Section 20.21(b)(2).

Requested by Mr. S. Louis Gregory, III, Special Agent In Charge, Seaboard Coast Line Railroad Company.

Read full opinion.

May 20, 1978

Opinion on S.C. appropriations, S.C. Peanut Board, State Agencies.

Requested by State Auditor.

Read full opinion.

May 19, 1978

Opinion on the Death Penalty Act (Section 16-3-20 et seq. of the South Carolina Code.

Requested by Joseph M. McCullough, Jr., Staff Attorney, South Carolina Court Administration.

Read full opinion.

May 19, 1978

Opinion on a knife, other than a dirk, may qualify as a “deadly weapon” (Section 16-23-460 of the 1976 Code of Laws of South Carolina).

Requested by The Honorable J.L. Altman, Jr., Chief, Police Department, City of Beaufort.

Read full opinion.

May 19, 1978

Opinion on whether Rule 14 of the Rules of Practice in the Supreme Court proscribes the acceptance by a Clerk of Court of real estate from a practicing attorney’s mother.

Requested by Mr. Louis L. Rosen, Assistant Director, South Carolina Court Administration.

Read full opinion.

May 18, 1978

Opinion on the destruction of uniform traffic tickets, arrest and fail logs upon dismissal of criminal proceedings and where a case has been nol prossed (Section 17-1-40).

Requested by Mr. O. Lee Sturkey, McCormick Town Attorney.

Read full opinion.

May 18, 1978

Opinion on pupil-teacher ratio required in Education Finance Act.

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

Read full opinion.

May 18, 1978

Opinion on whether a convicted individual is eligible to hold office within this State.

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

Read full opinion.

May 18, 1978

Opinion on the legality of the incorporation of the Charleston Higher Education Consortium.

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

Read full opinion.

May 18, 1978

Opinion on whether Section 7-11-230 of the South Carolina Code of Laws, 1976 applies to trustee elections conducted by the county superintendent.

Requested by David M. Brown, Superintendent of Education, Orangeburg County.

Read full opinion.

May 18, 1978

Opinion on whether an unopposed candidate in a primary election is required to file the pledge concerning expenditure of money required by Sections 7-11-230 and 7-11-240 of the 1976 Code of Laws of South Carolina.

Requested by Mr. Wayne Adams, Executive Director, South Carolina Republican Party.

Read full opinion.

May 18, 1978

Opinion on the Home Rule Act relating to expense reimbursement by the Sumter County Council for the county legislative delegation.

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

Read full opinion.

May 17, 1978

Opinion on the Jennings Credit-Only Slot Machine (Section 52-15-10, South Carolina Code of Laws, 1976).

Requested by Mr. W.F. Keith, Anderson.

Read full opinion.

May 17, 1978

Opinion on the feasibility of Contract Law Enforcement Services.

Requested by The Honorable Johnny Mack Brown, Sheriff, Greenville County.

Read full opinion.

May 16, 1978

Opinion on the validity of appropriations contained in Section 120 of the proposed 1978-79 General Appropriations Bill.

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

Read full opinion.

May 16, 1978

Opinion on whether or not Williamsburg County can presently operate pursuant to the provisions of Act No. 283 of 1975, the ‘home rule’ legislation.

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

Read full opinion.

May 16, 1978

Opinion on altering records of speeding charges.

Requested by Colonel W.J. Seaborn, State Highway Patrol.

Read full opinion.

May 15, 1978

Opinion on retirees’ exemptions from income taxes.

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

Read full opinion.

May 15, 1978

Opinion on the meaning of “excess over 25% total instructional staff” used in Section 4(2) of the Education Finance Act of 1977.

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

Read full opinion.

May 15, 1978

Opinion on the Landscape Architects Council’s ability to correspond with the boards of registration in other states concerning a landscape architect applicant’s ‘moral character.’

Requested by Mr. Kenneth B. Simmons, Jr., Secretary, South Carolina Landscape Architects Council.

Read full opinion.

May 15, 1978

Opinion on public funds, hospitals.

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

Read full opinion.

May 15, 1978

Opinion on DUI and the Implied Consent Law.

Requested by Chief John H. Cook, Orangeburg Police Division.

Read full opinion.

May 15, 1978

Opinion on the definition of “Instructional Staff” in the Education Finance Act of 1977.

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

Read full opinion.

May 15, 1978

Opinion on the jurisdiction of a municipal court relating to service of a uniform traffic ticket (Section 56-7-10 of the 1976 Code of Laws of South Carolina).

Requested by Chief N.G. Dudley, City of Darlington Police Department.

Read full opinion.

May 12, 1978

Opinion on period of time, days, legislature, state agencies.

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

Read full opinion.

May 11, 1978

Opinion on law enforcement officer, weapons (Sections 23-23-40 and 16-23-30, Code of Laws of South Carolina, 1976).

Requested by Thomas C. Dillard, Esquire, City Attorney.

Read full opinion.

May 11, 1978

Opinion on the South Carolina Chiropractors’ Association and Board of Chiropractic Examiners (Section 40-9-30 of the South Carolina Code of Laws of 1976).

Requested by The Honorable W. Brantley Harvey, Jr., Lieutenant Governor and President of the Senate and The Honorable Rex L. Carter, Speaker of the House of Representatives.

Read full opinion.

May 9, 1978

Opinion on homestead exemption – legal residence.

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

Read full opinion.

May 9, 1978

Opinion on child support.

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

Read full opinion.

May 9, 1978

Opinion on default judgments in tort actions in Magistrate Courts (Section 22-3-270 1976 Code of Laws of South Carolina).

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

Read full opinion.

May 9, 1978

Opinion on whether a ballot would be counted if a voter scratches out two of the three names on it.

Requested by The Honorable Jack Allison, Magistrate, Cherokee County.

Read full opinion.

May 9, 1978

Opinion on the procedure for calling a special meeting of a city council (Section 5-7-250(a), Code of Laws of South Carolina, 1976).

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

Read full opinion.

May 8, 1978

Opinion on mandatory retirement.

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

Read full opinion.

May 8, 1978

Opinion on the constitutionality of House Bill 4008 (Section 4-9-170, South Carolina Code of Laws, 1976).

Requested by Mr. Robert Pelham, Chairman, St. Johns Fire District Commission.

Read full opinion.

May 8, 1978

Opinion on the laws governing nepotism (Section 8-5-10 of the Code of Laws of South Carolina, 1976).

Requested by The Honorable Cater Moss, Chief, Iva Police Department.

Read full opinion.

May 8, 1978

Opinion on retirement, teachers.

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

Read full opinion.

May 5, 1978

Opinion on homestead exemption – surviving spouse.

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

Read full opinion.

May 5, 1978

Opinion on the enforcement of general laws and regulations relating to the duties and requirements of county auditors and assessors.

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

Read full opinion.

May 5, 1978

Opinion on property tax – agricultural land classification (Section 12-43-220(d)).

Requested by Mr. Robert W. Ragin, Charleston County Assessor.

Read full opinion.

May 5, 1978

Opinion on the power of the State Housing Authority to provide low cost rental housing within the Town of Ridgeland.

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

Read full opinion.

May 5, 1978

Opinion on forming an eleemosynary or non-profit corporation to foster and promote public information and education concerning South Carolina’s Workmen’s Compensation laws and benefits obtainable thereunder.

Requested by Mr. Duane Earles, Compliance Director, South Carolina Industrial Commission.

Read full opinion.

May 5, 1978

Opinion on the eligibility of an inaugural member of the Advisory Council to the State Board of Soil Classifiers to be reappointed to succeed himself for a full five-year term.

Requested by Mr. Roger W. Mudd, Director, Soils and Resource Development, Land Resources Conservation Commission.

Read full opinion.

May 5, 1978

Opinion on the legal status of the Greenville County Museum Commission and whether it is an employer within the meaning of South Carolina Code of Laws, Section 91-10(5).

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

Read full opinion.

May 4, 1978

Opinion on property tax – agricultural classification – size of parcel.

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

Read full opinion.

May 4, 1978

Opinion on property tax ratio (Section 12-43-220 of the Code of Laws of South Carolina).

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

Read full opinion.

May 4, 1978

Opinion on homestead exemption – surviving spouse.

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

Read full opinion.

May 4, 1978

Opinion on property tax residential classification.

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

Read full opinion.

May 4, 1978

Opinion on the propriety of your allowing a particular group to use the courtroom in the Beaufort County Courthouse at night (Section 14-17-210 of the Code of Laws of South Carolina, 1976).

Requested by Mr. Henry Jackson, Office of the Clerk of Court, Beaufort.

Read full opinion.

May 4, 1978

Opinion on residency requirements for a vacant magisterial office for the City of Greenville.

Requested by The Honorable Charles G. Garrett and Jefferson Verne Smith, Members, South Carolina Senate.

Read full opinion.

May 4, 1978

Opinion on age requirement of surviving spouse to qualify for homestead exemption.

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

Read full opinion.

May 3, 1978

Opinion on education; school districts.

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

Read full opinion.

May 3, 1978

Opinion on property taxation – equality in distribution and authority of special service district to subdivide.

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

Read full opinion.

May 3, 1978

Opinion on the meaning of the phrase “nonrecurring purposes” as used in Section 11-11-120 of the Code of Laws of South Carolina as amended in 1977.

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

Read full opinion.

May 3, 1978

Opinion on whether there are residency requirements for candidates for the magisterial office for the City of Greenville (Act No. 289 of the 1971 Acts and Joint Resolutions of South Carolina).

Requested by The Honorable Charles G. Garrett and Jefferson Verne Smith, Members, South Carolina Senate.

Read full opinion.

May 3, 1978

Opinion on driving under the influence (city ordinance).

Requested by A.D. Orander, Jr., Esquire, Attorney for the City of Easley.

Read full opinion.

May 3, 1978

Opinion on contract administration expenditures involving the Governor’s Office of Health and Social Development.

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

Read full opinion.

May 3, 1978

Opinion on an interpretation of § 5-7-40, 1976 Code of Laws of South Carolina, as amended.

Requested by B. Monroe Hiers, Esquire, Bamberg.

Read full opinion.

May 2, 1978

Opinion on property tax penalty (Section 12-39-220 of the South Carolina code of Laws).

Requested by The Honorable Catherine L. Gibson, Cherokee County Treasurer.

Read full opinion.

May 2, 1978

Opinion on the legal status of the Ambulance Service Commission established by Richland County, Lexington County, and the City of Columbia.

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

Read full opinion.

May 2, 1978

Opinion on property tax application for agricultural and residential classification.

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

Read full opinion.

May 2, 1978

Opinion on the procedure for appointing the members of the Stroud Memorial Hospital Commission (Section 4-9-170 of the Code of Laws of South Carolina, 1976).

Requested by William B. Price, Esquire, Attorney at Law, Greenville.

Read full opinion.

May 2, 1978

Opinion on the legal status of the Edgefield County Commission on Alcohol and Drug Abuse, 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.

May 2, 1978

Opinion on the legal status of the Greenville County Museum Commission on 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.

May 2, 1978

Opinion on the proper procedure for appointing members to the Board of Regents of the Beaufort County Memorial Hospital.

Requested by Herbert L. Novit, Esquire, Attorney at Law, Hilton Head Island.

Read full opinion.

May 2, 1978

Opinion on the legal status of the Patriot’s Point Development Authority.

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

Read full opinion.

May 2, 1978

Opinion on responsibilities of the city manager in a council manager form of municipal government (Section 5-13-90(3), Code of laws of South Carolina 1976)).

Requested by Mr. H.T. (Trez) Willcox, Myrtle Beach.

Read full opinion.

May 2, 1978

Opinion on the civil jurisdiction of magistrate courts.

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

Read full opinion.

May 2, 1978

Opinion on an advisory referendum for magistrate.

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

Read full opinion.

May 2, 1978

Opinion on whether a magistrate’s constable may lawfully charge a service charge or court cost of ten ($10) dollars per check for bad checks.

Requested by Mr. Robert Funk, Constable for Judge L. G. Holley, Aiken.

Read full opinion.

May 1, 1978

Opinion on property tax assessment notices (Sections 12-41-130 and 12-43-300 of the Code of Laws of South Carolina).

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

Read full opinion.

May 1, 1978

Opinion on security officers at Wofford College (Section 23-13-210 of the Code of Laws of South Carolina, 1976).

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

Read full opinion.

May 1, 1978

Opinion on Section 44-23-220 of the Code of Laws of South Carolina 1976.

Requested by The Honorable Capers G. Barr, III, Solicitor, Ninth Judicial Circuit.

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.

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.

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