Archive for the ‘1979 Opinions’ Category

June 5, 1979

Opinion on property tax-homestead exemption and other questions.

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

Read full opinion.

December 31, 1979

Opinion on parking for handicapped persons

Requested by Robert G. Clawson, Jr., Assistant Corporation Counsel, City of Charleston.

Read full opinion.

December 31, 1979

Opinion on education, higher counties, home rule.

Requested by Mr. G. William Dudley, Executive Director, State Board for Technical and Comprehensive Education.

Read full opinion.

December 31, 1979

Opinion concerning the compensation that a freeholder may receive when serving as a member of a condemnation panel.

Requested by Mr. T.E. Wannamaker, Orangeburg.

Read full opinion.

December 27, 1979

Opinion on student education.

Requested by Dr. W.B. Royster, Superintendent, Anderson County School District #5.

Read full opinion.

December 27, 1979

Opinion on property tax refund of tax paid by reason of non-value error.

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

Read full opinion.

December 27, 1979

Opinion on the effect of the termination provisions contained in Section 1-20-50, 1976 Code of Laws of South Carolina (as amended), upon the Board of Landscape Architectural Examiners.

Requested by Mr. Henry P. Fulmer, Deputy Director, S.C. Land Resources Conservation Commission.

Read full opinion.

December 27, 1979

Opinion on changing the statutes concerning the disciplining of landscape architects (Section 40-28-180 of the South Carolina Code of Laws).

Requested by Mr. Henry P. Fulmer, Deputy Director, S.C. Land Resources Conservation Commission.

Read full opinion.

December 21, 1979

Opinion on ramification of legislative immunity regarding speeding by legislators within corporate limits of Cayce.

Requested by Donald D. Aaron, Esquire, Attorney for the City of Cayce.

Read full opinion.

December 21, 1979

Opinion on Act of 1975 regarding licensed massage parlors.

Requested by The Honorable J. Verne Smith, Member, South Carolina Senate.

Read full opinion.

December 21, 1979

Opinion on the constitutionality of a proposed bill which would prohibit motor vehicles on certain portions of the beach area in Georgetown County.

Requested by Ms. M. Inez Moore, Director, Research & Administration, Medical, Military, Public & Municipal Affairs Committee.

Read full opinion.

December 21, 1979

Opinion on the proper method of appointment for the members of the Wedgefield-Stateburg Rural Community Water District.

Requested by William H. Stevenson, Jr. Esquire, Attorney for Wedgefield-Stateburg Rural Community Water District.

Read full opinion.

December 21, 1979

Opinion on whether soil and water conservation district commissioners are entitled to workmen’s compensation benefits (Section 42-7-60 of the Code of Laws of South Carolina, 1976).

Requested by Mr. John W. Parris, Executive Director, S.C. Land Resources Conservation Commission.

Read full opinion.

December 21, 1979

Opinion on whether soil and water conservation district commissioners are entitled to workmen’s compensation benefits (Section 42-7-60 of the Code of Laws of South Carolina, 1976).

Requested by Mr. F.H. Chastain, Secretary, Pickens Soil and Water Conservation District.

Read full opinion.

December 20, 1979

Opinion on the legal status of the Oconee County Sewer Commission, and whether it is an “employer” within the meaning of South Carolina Code of Laws § 9-1-10(5).

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

Read full opinion.

December 20, 1979

Opinion on method of appointment of members to county boards, committees and commissions (Section 4-9-170, Code of Laws of South Carolina, 1976, as amended).

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

Read full opinion.

December 20, 1979

Opinion on bond issues.

Requested by Mr. William A. McInnis, Deputy Executive Director, State Budget and Control Board.

Read full opinion.

December 19, 1979

Opinion on whether a candidate’s title (Doctor or Dr.) can be put on the ballot.

Requested by Nolen L. Brunson, Esquire, Rock Hill.

Read full opinion.

December 19, 1979

Opinion on whether persons who harvest timber for commercial purposes on the 630-A reservation held in trust by the State may be prosecuted.

Requested by Executive Committee, Catawba Indian Tribe.

Read full opinion.

December 19, 1979

Opinion on whether or not the City of Simpsonville, which purchased a piece of real property for public use on October 24, 1979, is required to pay the taxes due on it through December 31, 1979.

Requested by Richard C. Moore, Esquire, Simpsonville City Attorney.

Read full opinion.

December 18, 1979

Opinion on the constitutionality of the appropriations provided in Part I, Section 119, of the 1979-80 General Appropriations Act entitled ‘Contributions.’

Requested by The Honorable C. Marshall Cain, House Ways and Means Committee.

Read full opinion.

December 18, 1979

Opinion on whether a Clerk of Court possesses the authority to dismiss an action pursuant to Section 15-35-30 of the South Carolina Code of Laws (1976) without the consent of each party thereto irrespective of whether an answer has been filed by each such party or not.

Requested by The Honorable C.R. Banks, Clerk of Court, St. Matthews.

Read full opinion.

December 18, 1979

Opinion on whether Florence County may refuse to accept prisoners from the City of Lake City and whether the County can lawfully charge the municipality for the confinement of those prisoners (Sections 14-25 90 and -100, Code of Laws of South Carolina, 1976).

Requested by James R. Epps, Esquire, Lake City.

Rerad full opinion.

December 17, 1979

Opinion on requirement for signs announcing use of unmarked patrol cars.

Requested by Mr. Meal Player, Chief of Police, Hardeeville.

Read full opinion.

December 17, 1979

Opinion on the various aspects of the role and functioning of the municipal clerk, inter alia, in the mayor-council form of municipal government.

Requested by B. Monroe Hiers, Esquire, Ehrhardt Town Attorney.

Read full opinion.

December 17, 1979

Opinion on whether a privately owned airplane stored in a hangar or tied down at the Greenville Municipal Airport is subject to taxation as personal property by the City of Greenville, even if the owners of the aircraft are residents of Greenville County, but not residents of the City (Section 12-37-890 of the Code of Laws of South Carolina, 1976).

Requested by Mr. Wilkins Norwood, Greenville.

Read full opinion.

December 13, 1979

Opinion on term of service on the State Board of Education.

Requested by Director, Legislative Audit Council.

Read full opinion.

December 12, 1979

Opinion on status of Act No. 749 of 1964 [53 STAT. 1807 (1964)].

Requested by Paul N. Siegel, Esquire, Walterboro.

Read full opinion.

December 12, 1979

Opinion on sentencing discretion of circuit court judge (Sections 56-1-1100 and -460, Code of Laws of South Carolina, 1976).

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

Read full opinion.

December 12, 1979

Opinion on whether the Governor through the Office of Executive Policy and Programs contract with a nonprofit corporation or a profit-oriented corporation to subsidize the financial losses incurred by the corporation in furnishing transportation services to citizens of South Carolina through funds provide by the Secretary of Transportation.

Requested by Mr. R.D. Wilson, Office of the Governor, Division of Economic Development and Transportation.

Read full opinion.

December 11, 1979

Opinion on protective helmets for operators of motorized bicycles.

Requested by The Honorable Rex Lye Carter, Speaker of the House.

Read full opinion.

December 7, 1979

Opinion on whether the Land Resources Conservation Commission can provide a motor grader for use on private land for conservation projects and require reimbursement by the landowner of the cost of providing the equipment.

Requested by Mr. Cary D. Chamblee, Deputy Director, Land resources Conservation Commission.

Read full opinion.

December 6, 1979

Opinion on whether the Freedom of Information Act requires the Department of Corrections to release certain information in its work release records to the public.

Requested by Larry C. Batson, Legal Advisor, South Carolina Department of Corrections.

Read full opinion.

December 6, 1979

Opinion on Judicial Adjustment Act, Act No. 164 of 1979.

Requested by Samuel J. Abrams, Esquire, Sumter.

Read full opinion.

December 6, 1979

Opinion on whether a claim and delivery action could be initiated in a magistrate’s court.

Requested by The Honorable R. Carey Werner, Greenville County Magistrate.

Read full opinion.

December 6, 1979

Opinion on the sentencing discretion of the Circuit Court upon one who is a violator of the Habitual Traffic Offenders Act.

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

Read full opinion.

December 5, 1979

Opinion on whether an assisting employee (under the Southern Mutual Radiological Assistance Plan) from another state is considered to be an employee of the State of South Carolina if he is sued for negligence committed while performing his duties.

Requested by Charles A. Perry, Regional Counsel, United States Environmental Protection Agency.

Read full opinion.

December 5, 1979

Opinion on whether or not a state or federal employee may run for office.

Requested by Word Processing Center, House of Representatives.

Read full opinion.

December 5, 1979

Opinion on the constitutionality of Act No. 459 of 1978 and the legality of collecting the fees provided by such Act.

Requested by G. Gordon McBride, Esquire, Darlington County Attorney.

Read full opinion.

December 4, 1979

Opinion on the legality of a proposed grant of county funds to a local political party to be used to defray the expenses incurred by that party as the result of a recent primary.

Requested by Mr. Robert M. Haynie, Administrator, Jasper County Council.

Read full opinion.

December 4, 1979

Opinion on child support.

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

Read full opinion.

December 4, 1979

Opinion on whether South Carolina State College is responsible for the fee for a performance by Rev. Piper and Ensemble.

Requested by Mr. Harold A. Jenkins, Vice President for Business and Finance, South Carolina State College.

Read full opinion.

December 4, 1979

Opinion on whether the South Carolina Department of Highways and Public Transportation has the authority to establish certain minimum standards which roads must meet as a condition to being accepted by the Department as belt lines under Section 57-5-90 of the Code of Laws of South Carolina (1976).

Requested by Mr. Henry R. Caughman, Jr., Deputy State Highway Engineer, South Carolina Department of Highways & Public Transportation.

Read full opinion.

November 30, 1979

Opinion on whether or not the Department of Youth Services conducting its annual ‘Your State’ program, may release the identity of children under its care and custody when such care and custody results from an order of the family court.

Requested by The Honorable Grady A. Decell, State Director, Department of Youth Services.

Read full opinion.

November 30, 1979

Opinion on whether a teacher is responsible for his or her class when it is being taught by a student teacher who is assigned to that class.

Requested by Dr. Melvin H. Ezell, Jr., Head of the Department of Physical Education, The Citadel.

Read full opinion.

November 30, 1979

Opinion on whether a person who has been disqualified from voting in a municipal election due to not being a resident thereof can be required to pay to the municipality taxes on his automobile.

Requested by Mrs. Betty Adams, Town Clerk and Treasurer, Town of Salley.

Read full opinion.

November 29, 1979

Opinion on pharmacies located in hospitals and the dispensing of prescriptions to patients.

Requested by Mr. John C. Wilkie, Jr., South Carolina State Board of Pharmaceutical Examiners.

Read full opinion.

November 28, 1979

Opinion on whether the Court of Probate possess jurisdiction to determine the existence or nonexistence of a common-law marriage when such status is relevant to a determination of the proper heirs of an estate before the Probate Court (Sections 14–23–1150 and 14–21–1050, Code of Laws of South Carolina, 1976, as amended).

Requested by The Honorable Bobbie D. Wilson, Judge of Probate.

Read full opinion.

November 28, 1979

Opinion concerning the method of selection of three (3) members of the Board of Trustees of Spartanburg County School District 6.

Requested by Ben C. Harrison, Attorney at Law, Spartanburg.

Read full opinion.

November 28, 1979

Opinion on whether a member of the Board of Trustees of the Charleston County School District should refrain from voting on matters pertaining to teachers, if one of the teachers in the system is the Board member’s son-in-law.

Requested by The Honorable Robert A. Kohn.

Read full opinion.

November 28, 1979

Opinion concerning fees and costs collected by a master-in-equity.

Requested by The Honorable Thomas J. DeZern, Master-In-Equity, Spartanburg.

Read full opinion.

November 28, 1979

Opinion on whether a person could be charged with violating Section 16-23-20, Code of Laws of South Carolina, 1976 (defines the act of unlawfully carrying a pistol) where the pistol was found in a closed console of an automobile.

Requested by The Honorable Oliver A. Nealy, Chief of Police, City of Pickens.

Read full opinion.

November 26, 1979

Opinion on State employees’ grievances.

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

Read full opinion.

November 26, 1979

Opinion on the respective powers of the Charleston County Consolidated School Board and the constituent school boards in the hiring of certain personnel.

Requested by The Honorable Daniel E. Winstead, Member, South Carolina House of Representatives.

Read full opinion.

November 26, 1979

Opinion on Act No. 1098 of 1972 (tickets for traffic violations).

Requested by Mr. Jerry E. Stevens, Vice President for Finance and Administration, Trident Technical College.

Read full opinion.

November 26, 1979

Opinion on whether a trial before a magistrate can be held with a five member jury (Judicial Adjustment Act, Act No. 164 of 1979).

Requested by N.H. Hamilton, Esquire, Summerville.

Read full opinion.

November 23, 1979

Opinion on property taxes (Section 12-37-220(14) of the South Carolina Code of Laws).

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

Read full opinion.

November 23, 1979

Opinion on whether or not picketing in front of the stores of merchants within the City of Chester would be in violation of Chester City Code Ordinance 27-201, et seq.

Requested by The Honorable John R. Justice, Solicitor, Sixth Judicial Circuit.

Read full opinion.

November 21, 1979

Opinion on whether special purpose or public service districts are required to hold referendums before levying front-foot assessments to finance sewer collection facilities (Section 6-11-1210, Code of Laws of South Carolina, 1976).

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

Read full opinion.

November 21, 1979

Opinion on exemptions from serving on juries.

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

Read full opinion.

November 21, 1979

Opinion on nonprofit clubs.

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

Read full opinion.

November 20, 1979

Opinion on property tax – Homestead Exemption.

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

Read full opinion.

November 20, 1979

Opinion on appeals procedure (Administrative Procedure Act).

Requested by The Honorable Harold E. Trask, Jr., Chairman, S.C. Industrial Commission.

Read full opinion.

November 20, 1979

Opinion on whether Greenville Technical College has the authority to exclude alien students from registration when they have not completed their course of study (Title VI of the Civil Rights Act of 1964).

Requested by Mr. G. William Dudley, Jr., Executive Director, State Board for Technical and Comprehensive Education.

Read full opinion.

November 19, 1979

Opinion on whether the Department of Highways and Public Transportation is required to suspend the license of a driver involved in a motor vehicle accident who thereafter fails to submit a written verification of insurance (Form FR–10).

Requested by Financial Responsibility Section.

Read full opinion.

November 15, 1979

Opinion on whether the South Carolina Water Resources Commission possesses the legal authority to carry its assigned responsibilities in the Water Quality Management Plan (Public Law 95-217).

Requested by Mr. Douglas J. Fable, Bureau of Wastewater & Stream Quality Control.

Read full opinion.

November 15, 1979

Opinion on the propriety of the appointment of the wife of a present town councilman as city recorder.

Requested by Chief G.W. Wilson, Assistant Chief of Police, Gray Court Police Department.

Read full opinion.

November 15, 1979

Opinion on business activities of trust departments of a national bank located in a foreign state.

Requested by The Honorable Grady L. Patterson, Chairman, State Board of Financial Institutions and The Honorable John T. Campbell, Secretary of State.

Read full opinion.

November 15, 1979

Opinion on The Deferred Compensation Act (Section 8-23-10 et seq., 1976 Code of Laws of South Carolina).

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

Read full opinion.

November 15, 1979

Opinion on the authority of county and municipal building officials as to issuing building permits to unlicensed residential home builders.

Requested by Mr. John T. Watkins, Director, S.C. Residential Home Builders Commission.

Read full opinion.

November 14, 1979

Opinion on funds of political subdivisions – custody of same.

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

Read full opinion.

November 14, 1979

Opinion on arrest warrants issued by a coroners (Section 17-7-610, Code of Laws of South Carolina, 1976).

Requested by John Patrick, Esquire, Assistant Director, S.C. Court Administration.

Read full opinion.

November 14, 1979

Opinion on Act 164 of 1979.

Requested by The Honorable William L. Shipley, Master-In-Equity, Berkeley County.

Read full opinion.

November 14, 1979

Opinion on a proposed amendment to S-274 (Section 40-47-40, Code of Laws of South Carolina, 1976).

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

Read full opinion.

November 14, 1979

Opinion on Board of Barber Examiners (Sections 8-1-80 and 1-3-240 South Carolina Code of Laws, 1976).

Requested by The Honorable Horace C. Smith, Member, South Carolina Senate.

Read full opinion.

November 14, 1979

Opinion on Section 8-13-470, Code of Laws of South Carolina, 1976.

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

Read full opinion.

November 14, 1979

Opinion on dual office holding (simultaneously serve on City of Laurens Commission of Public Works and the Laurens County Water Resources Commission).

Requested by Mr. Richard G. Shell, Commissioner, Commission of Public Works of the City of Laurens.

Read full opinion.

November 14, 1979

Opinion on dual office holding (simultaneously serve as Mayor of Town of Atlantic Beach and as the Public Defender of Horry County).

Requested by Franklin R. DeWitt, Esquire, Conway.

Read full opinion.

November 14, 1979

Opinion on motor vehicles, state agencies, workman’s compensation, charitable organizations, liability.

Requested by unknown.

Read full opinion.

November 13, 1979

Opinion on business activities of trust departments of a bank serving as inter vivos trustee for individuals domiciled outside of South Carolina and performing management functions for the individual’s property in South Carolina and other related questions.

Requested by The Honorable Grady L. Patterson, Chairman, State board of Financial Institutions and The Honorable John T. Campbell, Secretary of State.

Read full opinion.

November 13, 1979

Opinion on whether a school district may excuse a particular child from state graduation requirements as they relate to physical education (Section 59-29-80 of the Code of Laws of South Carolina, 1976).

Requested by Bruce E. Davis, Esquire Attorney for Sumter County School District No. 17.

Read full opinion.

November 13, 1979

Opinion on the status of the elected register of mesne conveyances (RMC) in Spartanburg County.

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

Read full opinion.

November 13, 1979

Opinion on education, students, handicapped (Education Finance Act).

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

Read full opinion.

November 13, 1979

Opinion on access to state records by the South Carolina Protection and Advocacy System for the Handicapped, Inc.

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

Read full opinion.

November 9, 1979

Opinion on whether or not the language of Sections 4-9-10 et seq., Code of Laws of South Carolina, 1974, 1976, the “home rule” legislation, has abolished existing water and sewer districts.

Requested by Mr. Anthony Q. Devereux, Chairman, Hagley Water, Sewer and Fire Authority.

Read full opinion.

November 9, 1979

Opinion on the legal status of the Marion 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.

November 9, 1979

Opinion on the scope of the authority of the Saluda County Nursing Board.

Requested by Mr. F.G. Scurry, Saluda.

Read full opinion.

November 9, 1979

Opinion on parole revocation.

Requested by Mr. J.P. Pratt, II, Associate Director of Operations, S.C. Probation, Parole and Pardon Board.

Read full opinion.

November 8, 1979

Opinion on the Freedom of Information Act relating to the authority of trustees of the School District of Greenville County to hold meetings closed to the public.

Requested by J. Wright Horton, Attorney at Law, Greenville.

Read full opinion.

November 8, 1979

Opinion on whether an advisory group is subject to the requirements of the Freedom of Information Act.

Requested by The Honorable Richard W. Riley, Governor, State of South Carolina.

Read full opinion.

November 8, 1979

Opinion on a proposed bill “Balanced Treatment for Scientific Creationism and Evolution Act” (Education, Religion).

Requested by Member, South Carolina House of Representatives.

Read full opinion.

November 7, 1979

Opinion on the legality of a grievant tape recording intra-agency grievance hearings as well as the hearing before the State Employee Grievance Committee.

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

Read full opinion.

November 7, 1979

Opinion on Magistrates’ Constables.

Requested by Mr. J.H. McDonald, Jr., Postal Inspector, United States Postal Service.

Read full opinion.

November 7, 1979

Opinion on whether the Aiken County Public Defender is obligated to furnish representation to indigent defendants in the Recorder’s Court for the City of Aiken.

Requested by Henry Summerall, Jr., Esquire, Aiken.

Read full opinion.

November 6, 1979

Opinion on the constitutionality of the provision of Act No. 194 of 1979.

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

Read full opinion.

November 6, 1979

Opinion on state employees’ grievances.

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

Read full opinion.

November 6, 1979

Opinion on whether or not the Kershaw County Council can sell real property without requiring the submission of sealed bids.

Requested by Mr. William R. Byars, Jr., Kershaw County Council.

Read full opinion.

November 6, 1979

Opinion on approval of declaration and petition for incorporation of a non-profit organization.

Requested by The Honorable John T. Campbell, Secretary of State.

Read full opinion.

November 5, 1979

Opinion on interpretation of Sections 10-5-10, et seq., of the 1976 Code pertaining to selection of architectural and engineering firms to provide services to state agencies or departments.

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

Read full opinion.

November 5, 1979

Opinion on solicitation for reinstatement of voters by unauthorized persons.

Requested by Ms. Minnie G. Johnson, Horry County Board of Voter Registration.

Read full opinion.

November 5, 1979

Opinion on publicity of “Your State” program by the Department of Youth Services.

Requested by The Honorable Grady Decell, Director, Department of Youth Services.

Read full opinion.

November 5, 1979

Opinion on the Industrial Revenue Bond Act (Sections 4-29-10 et seq. Code of Laws of South Carolina, 1976, as amended).

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

Read full opinion.

November 1, 1979

Opinion on mobile trailers qualifying for the Homestead Exemption and licensing requirements – property tax.

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

Read full opinion.

November 1, 1979

Opinion on the term “for commercial agricultural purposes” as used in Section 34-1-110, South Carolina Code of Laws, 1976.

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

Read full opinion.

November 1, 1979

Opinion on arrest warrants involving a claim and delivery action order to restrain a defendant from damaging, concealing or removing property has been violated.

Requested by The Honorable R. Carey Werner, Greenville County Magistrate.

Read full opinion.

November 1, 1979

Opinion on civil commitment of a minor to an institution for treatment of the mentally ill (Section 44-23-210(1), Code of Laws of South Carolina, 1976)).

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

Read full opinion.

October 31, 1979

Opinion on whether chattel mortgages filed prior to January 1, 1968, have to be refiled every three years under the 1962 Code of Law of South Carolina, Sections 60-306 and 60-301.

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

Read full opinion.

October 31, 1979

Opinion on whether or not the Calhoun County Council can raise the tax millage levied for a special tax district without a referendum once the tax district is created.

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

Read full opinion.

October 30, 1979

Opinion on recent fraudulent check legislation, (Sections 34-11-60, et seq, Code of Laws of South Carolina, 1976, as amended).

Requested by John Patrick, Esquire, Assistant Director, S.C. Court Administration.

Read full opinion.

October 29, 1979

Opinion on arrest warrants relating to a first offense of driving under the influence (Section 56-7-10, Code of Laws of South Carolina, 1976).

Requested by Chief Keith M. Matthews, Chief of Police, Town of Salley.

Read full opinion.

October 29, 1979

Opinion on Opinion on the procedures in condemnation proceedings initiated by a municipality (Sections 28-9-10, et seq., of the 1976 South Carolina Code).

Requested by Dr. T.E. Wannamaker, Orangeburg.

Read full opinion.

October 29, 1979

Opinion on courts, judges, and officers.

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

Read full opinion.

October 29, 1979

Opinion on Homestead exemption from property tax – joint ownership with right of survivorship.

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

Read full opinion.

October 29, 1979

Opinion on interpretation of Sections 16-13-111 and 34-11-95(a), Code of Laws of South Carolina, 1976, as amended (shoplifting and fraudulent check offenses).

Requested by W. Edward Mullineaux, Esquire, South Carolina Court Administration.

Read full opinion.

October 29, 1979

Opinion on amendments to the Administrative Procedure Act.

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

Read full opinion.

October 26, 1979

Opinion on the status of the Abbeville County Supervisor.

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

Read full opinion.

October 26, 1979

Opinion on the authority of the Probate Court to Civilly.

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

Read full opinion.

October 25, 1979

Opinion regarding several questions on the effect of “home rule” legislation on Charleston County School Board matters.

Requested by The Honorable Dan Winstead, Member, South Carolina House of Representatives.

Read full opinion.

October 25, 1979

Opinion on what the effect is of a member of the municipal council of the Town of City View having been granted by the council a leave of absence of one year to serve as the Chief of the Fire Department of that Town.

Requested by David B. Ward, Esquire, Greenville.

Read full opinion.

 

October 25, 1979

Opinion on whether a certified teacher can serve for compensation as a substitute teacher in the district where the teacher also serves as a member of the county board of education (Section 59-1-130 of the Code of Laws of South Carolina, 1976).

Requested by The Honorable T. Moffatt Burriss.

Read full opinion.

October 25, 1979

Opinion on the constitutionality of Article II, Sections 202, 203, and 204 of proposed legislation entitled “South Carolina Pharmacy Practice Act.”

Requested by The Honorable M. Inez Moore, Director of Research and Administration, Medical, Military, Public and Municipal Affairs Committee.

Read full opinion.

October 24, 1979

Opinion on the constitutionality of the provision contained in Section 121 of the 1979-80 General Appropriations Act (“C construction funds”).

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

Read full opinion.

October 23, 1979

Opinion concerning the provisions of Section 4-9-10(c), Code of Laws of South Carolina, 1976, as amended.

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

Read full opinion.

October 23, 1979

Opinion concerning a proposed Berkeley County Council resolution declaring that no County owned equipment nor County personnel is to be used for private or personal use.

Requested by Ms. Betty Lou Hanna, Clerk to Council, Berkeley County Council.

Read full opinion.

October 23, 1979

Opinion concerning the expansion of the Belvedere Fire District boundaries (Section 6-11-420, Code of Laws of South Carolina, 1976, as amended).

Requested by Mr. C. Clyde Hooks, Chairman, Belvedere Fire District Commission.

Read full opinion.

October 23, 1979

Opinion concerning the status of the county supervisor which operates under the council-administrator form of county government (Section 4-9-30(6), Code of Laws of South Carolina, 1976, as amended).

Requested by The Honorable Larry A. Martin, Member, South Carolina House of Representatives.

Read full opinion.

October 23, 1979

Opinion on Lancaster County General Sessions fines.

Requested by Philip E. Wright, Esquire, Lancaster.

Read full opinion.

October 23, 1979

Opinion on Section 40-47-40 of the Medical Practice Act.

Requested by T.H. Rawl, Esquire, Lexington County Attorney.

Read full opinion.

October 23, 1979

Opinion on the authority of the Greenville County Commission on Alcohol and Drug Abuse to execute commercial mortgages or engage in other types of borrowing.

Requested by Mr. Foster M. Routh, Assistant Director, S.C. Commission on Alcohol and Drug Abuse.

Read full opinion.

October 22, 1979

Opinion on State employee grievances.

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

Read full opinion.

October 22, 1979

Opinion on whether a school district may make-up two days of school missed due to extreme weather conditions by extending the instructional hours for a specific number of days.

Requested by Dr. Charlie G. Williams, State Superintendent of Education.

Read full opinion.

October 19, 1979

Opinion on Homestead Exemption – reimbursement for municipality.

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

Read full opinion.

October 18, 1979

Opinion on child abuse investigation.

Requested by Mr. Thomas H. Davis, Director, Richland County Department of Social Services.

Read full opinion.

 

October 18, 1979

Opinion on bail, Magistrates.

Requested by John C. Patrick, III, Esquire, Assistant Director, South Carolina Court Administration.

Read full opinion.

October 17, 1979

Opinion on whether the Abbeville County Commission on Alcohol and Drug Abuse may withdraw from the Retirement System.

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

Read full opinion.

October 17, 1979

Opinion on whether or not candidates for the Bamberg County Board of Education should have filed petitions to offer for office or if they could have filed for office without a petition.

Requested by Doyet A. Early, III, Esquire, Bamberg County Attorney.

Read full opinion.

October 17, 1979

Opinion on whether the administrator or police, fire and emergency medical departments of a city may be called ‘Chief of Police’ or whether it must be called “Public Safety Director.”

Requested by Lt. A.R. McAllister, Uniform Patrol Division, Greer City Police Department.

Read full opinion.

October 16, 1979

Opinion on unexecuted arrest warrants forwarded by Edgefield County magistrates to the Clerk of Court’s Office in Edgefield County.

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

Read full opinion.

October 16, 1979

Opinion on when should an officer conducting an investigation at the scene of an accident give the “Miranda Warning” to the individuals involved in the accident.

Requested by Mr. Tom D. Murtiashaw, Jr., Magisterial Court Administrator, Richland County.

Read full opinion.

October 16, 1979

Opinion on crime of moral turpitude by public officers (U.S.C.A. Section 1503 – obstruction of justice)

Requested by The Honorable Richard W. Riley, Governor, South Carolina.

Read full opinion.

October 16, 1979

Opinion on Governor’s authority to appoint members to the Chester County Council.

Requested by The Honorable Richard W. Riley, Governor, South Carolina.

Read full opinion.

October 16, 1979

Opinion on a law enforcement agency’s responsibility to a child taken into the Emergency Protective Custody under the Child Protection Act.

Requested by Chief of Police, City of West Columbia.

Read full opinion.

October 16, 1979

Opinion on whether a person convicted of larceny by a court-martial in the Armed Services is disqualified from voting in South Carolina.

Requested by Ms. Faye K. Jones, Chairman, Anderson County Registration Board.

Read full opinion.

October 16, 1979

Opinion on child abuse, transfer of custody from law enforcement agency to protective services agency.

Requested by Vernon L. Boatwright, Chief of Police, City of West Columbia.

Read full opinion.

October 16, 1979

Opinion on National Teacher Examinations test scores.

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

Read full opinion.

October 15, 1979

Opinion on whether South Carolina law permits a brewery to be licensed as a wholesaler in the State (Section 12-21-1610 of the South Carolina Code of Laws, 1976).

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

Read full opinion.

October 12, 1979

Opinion on the duties a municipal council in the mayor-council form of government can assign to the municipal clerk pursuant to Section 5-7-220, Code of Laws of South Carolina, 1976, (Cum. Supp.).

Requested by B. Monroe Hiers, Esquire, Ehrhardt Town Attorney.

Read full opinion.

October 12, 1979

Opinion on ineligibility of Commissioner to be hired by the Commission.

Requested by Ms. Irene L. Neuffer, Commissioner, Commission on Women.

Read full opinion.

October 12, 1979

Opinion on whether a guardianship for a particular child permits that child to attend school in your district.

Requested by W.B. Hawkins, Esquire, Attorney for Dillon County School District No. Two.

Read full opinion.

October 12, 1979

Opinion on whether the mandatory retirement provisions for State employees (Code § 9-1-1530) are applicable to members of the Board of Directors of Santee Cooper.

Requested by Wallace S. Murphy, General Counsel, Santee Cooper, S.C. Public Service Authority.

Read full opinion.

October 10, 1979

Opinion on nominating process by a county political party of candidates for all offices during the preceding General Election year (Section 7-11-30 of the Code of Laws of South Carolina, 1976).

Requested by Mr. John Monroe, Chairman, Richland County Republican Party.

Read full opinion.

October 10, 1979

Opinion on Sediment Control Program Authority.

Requested by Mr. Cary D. Chamblee, Deputy Director, S.C. Land Resources Conservation Commission.

Read full opinion.

October 9, 1979

Opinion on whether or not the portion of Act No. 164 of 1979 requiring all counties to fund masters-in-equity is invalid under home rule as local legislation.

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

Read full opinion.

October 8, 1979

Opinion on whether Section 56-5-3180(b) prohibits all types of solicitations for contributions (charitable and otherwise) on highways.

Requested by Mr. Dennis C. Harmon, City Administrator, Goose Creek.

Read full opinion.

October 8, 1979

Opinion on the legality of a registered nurse acting as a first assistant (Section 40-47-60 of the South Carolina Code of Laws, 1976).

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

Read full opinion.

October 8, 1979

Opinion on whether television scripts and other publications may be registered under the trademark “The Sexual Survivor” pursuant to the provisions of § 39-15-130 South Carolina Code (1976).

Requested by The Honorable John T. Campbell, Secretary of State.

Read full opinion.

October 8, 1979

Opinion on endowment fund investments

Requested by Mr. Clarence S. Rowland, Chairman, Board of Trustees, Wil Lou Gray Opportunity School.

Read full opinion.

October 5, 1979

Opinion on the authority of the District’s Board of Trustees to establish for themselves a per diem and mileage allowance for attending Board meetings.

Requested by J. Wright Horton, Esquire, Attorney for the School District of Greenville County.

Read full opinion.

October 4, 1979

Opinion on procedure for removing a person appointed to the board of regents of the Beaufort County Memorial Hospital.

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

Read full opinion.

October 4, 1979

Opinion on municipal license taxes on insurance companies and agencies.

Requested by Senator.

Read full opinion.

October 4, 1979

Opinion on municipal license taxes.

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

Read full opinion.

October 4, 1979

Opinion on exemption from jury duty (Sections 24-3-930 and 24-1-10).

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

Read full opinion.

October 4, 1979

Opinion on school bus transportation on Glassy Mountain, Greenville County

Requested by Mr. Ralph M. Hendrix, Director, Office of Transportation, South Carolina State Department of Education.

Read full opinion.

October 4, 1979

Opinion on whether a school district may charge a fee of $1.00 to persons parking on district owned land adjacent to the football stadium during games there.

Requested by Dr. John M. Liston, Superintendent, Laurens County School District No. 55.

Read full opinion.

October 3, 1979

Opinion on gasoline taxes.

Requested by The Honorable B. Hicks Harwell, Member, South Carolina House of Representatives.

Read full opinion.

October 3, 1979

Opinion on recent legislation on fraudulent checks.

Requested by John C. Patrick, III, Esquire, Assistant Director, S.C. Court Administration.

Read full opinion.

October 2, 1979

Opinion on municipalities – tax anticipation notes and taxes pledged (Article X, Section 14(8) of the South Carolina Constitution; §§ 5–7–30 and 11–1–30 of the 1976 Code)).

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

Read full opinion.

October 2, 1979

Opinion on dual office holding (whether a position on the Educator Improvement Task Force is an office for dual office holding purposes).

Requested by The Honorable Richard W. Riley, Governor, South Carolina.

Read full opinion.

October 2, 1979

Opinion on the respective authorities of the Beaufort County Council and the Beaufort County Board of Education to incur general obligation debt by the sale of bonds.

Requested by Honorable J. Wilton Graves, Hilton Head.

Read full opinion.

October 2, 1979

Opinion concerning the civil jurisdiction of magistrates’ courts in Charleston County.

Requested by The Honorable Paul A. Foster, Magistrate, Mt. Pleasant.

Read full opinion.

October 2, 1979

Opinion on whether the teaching of “Eckankar” in the adult night school program in a district violates the “establishment clause” of the First Amendment of the United States Constitution.

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

Read full opinion.

October 1, 1979

Opinion on whether the present superintendents of the three school districts in Clarendon County are voting members of the Board of Trustees of the Clarendon County Vocational Education School.

Requested by The Honorable John C. Land, III, Member, South Carolina Senate.

Read full opinion.

October 1, 1979

Opinion on whether the State Election Commission is required to provide a computer list of voters free of charge to the Republican Party with respect to a Presidential preference primary held by the S.C. Republican Party.

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

Read full opinion.

October 1, 1979

Opinion on arrest warrants.

Requested by John C. Patrick, III, Esquire, Assistant Director, S.C. Court Administration.

Read full opinion.

September 28, 1979

Opinion on a proposed transfer of land from the Harbison Development Corporation to District 5 for a school site.

Requested by T.H. Rawl, Esquire, Lexington.

Read full opinion.

September 28, 1979

Opinion on Act No. R-293 of 1979 (election date).

Requested by The Honorable Joseph F. Martin, Chairman, Chester County Council.

Read full opinion.

September 27, 1979

Opinion on whether or not there are restrictions on the length of employment that a municipality may grant by contract to its employees.

Requested by Melvin K. Younts, Esquire, Fountain Inn.

Read full opinion.

September 27, 1979

Opinion on whether successful foreign (out of state) bidders on State contracts should be required to qualify to do business with this State (Sections 33-23-10, et seq., 1976 Code).

Requested by Mr. William T. Putnam, Executive Director, State Budget & Control Board.

Read full opinion.

September 27, 1979

Opinion on the legality and constitutionality of an ordinance under consideration by the Berkeley County Council (regulates the political activity of employees and appointed officials employed by the County).

Requested by John H. Tiencken, Jr., Esquire, Moncks Corner.

Read full opinion.

September 26, 1979

Opinion on dual office holding (teacher in School District No. 6 in Spartanburg County serve on the School Board of School District No. 1 and serve on the Board of Directors of the State School Boards Association.

Requested by The Honorable Danny M. Bruce, Member, South Carolina House of Representatives.

Read full opinion.

September 26, 1979

Opinion on dual office holding (individual simultaneously hold a seat on the South Carolina Commission of Archives and History and a seat on the State Higher Education Tuition Grants Committee (Article VI, Section 3, Constitution of South Carolina).

Requested by Mr. Charles E. Lee, Director, South Carolina Department of Archives and History.

Read full opinion.

September 26, 1979

Opinion on proposed lease contracts by Patriots Point Development Authority with lessees of property or concessions at Patriots Point.

Requested by Mr. J.E. Guerry, Jr., Executive Director, Patriots Point Development Authority.

Read full opinion.

September 25, 1979

Opinion on certain provisions of the state Horizontal Property Act and the Richland County Zoning Ordinance (§ 27-31-10 et seq., 1976 Code of Laws).

Requested by D. Reece Williams, III, Esquire, Assistant County Attorney, Richland County.

Read full opinion.

September 25, 1979

Opinion on Rule R93-11, Rules and Regulations of the Nursing Home Administrators Examiners Board. (requirements for an approved nursing home administrator in training internship).

Requested by Mrs. Bonnie L. Carroll, Administrative Assistant, State Board of Examiners for Nursing Home Administrators.

Read full opinion.

September 24, 1979

Opinion on extension of time for payment of taxes for the discount for timely payment of taxes (Act 202, Acts of 1973, and § 12–1–20, 1976 Code of Laws).

Requested by Mr. Ernest W. Cooler, Assistant Comptroller General.

Read full opinion.

September 24, 1979

Opinion on property tax – necessity of wholly owned subsidiary corporation to return property (Section 12-37-90 of the 1976 South Carolina Code of Laws).

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

Read full opinion.

September 24, 1979

Opinion on the $3,000.00 appropriation made by the General Assembly for the offices of the Probate Judge and Clerk of Court in each county.

Requested by Frank E. Harrison, Esquire, McCormick County Attorney.

Read full opinion.

September 24, 1979

Opinion on whether or not the Richland County Council is authorized to empower the Richland County Administrator to make line item transfers within the respective budgets of different county departments (Section 4-9-140, Code of Laws of South Carolina, 1976, (Cum.Supp.)).

Requested by Costa M. Pleicones, Esquire, Richland County Attorney.

Read full opinion.

September 24, 1979

Opinion on a provision in a proposed Bamberg County ordinance which provides for a building permit to be issued before construction is undertaken anywhere within Bamberg County, including within municipalities.

Requested by Mr. J.J. Jowers, Bamberg County Tax Assessor.

Read full opinion.

September 24, 1979

Opinion on a proposed ordinance to stagger terms of the Lee County Council members (Act No. 283 of 1975, Section 3(1) and (3)(a) [59 STAT. 690 at 716 (1975))]..

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

Read full opinion.

September 24, 1979

Opinion on whether or not the agreement entered into in 1959 by the Town of Woodford and the South Carolina Electric and Gas Company (S.C.E.& G.) is invalid for failure to comply with the requirements of Section 58-27-410, Code of Laws of South Carolina, 1976.

Requested by Honorable C. Moody Staley, Mayor of Woodford.

Read full opinion.

September 21, 1979

Opinion concerning the date of commencement of the appointive terms of office to the Election Law Study Committee.

Requested by Elliott D. Thompson, Esquire, Legal Office, Office of the Governor.

Read full opinion.

September 21, 1979

Opinion on a change of venue requested by defendant’s attorney.

Requested by Honorable J. Fred Spires, Lexington County Magistrate.

Read full opinion.

September 21, 1979

Opinion on salary supplements in the 1979-80 General Appropriations Act.

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

Read full opinion.

September 21, 1979

Opinion on a municipality extending its boundary through annexation

Requested by Ms. Nelle G. Power, Administrator, County of Greenville, Registration and Election Office.

Read full opinion.

September 21, 1979

Opinion whether the $1500 supplement appropriated by the General Assembly to every clerk of court and probate judge in South Carolina in the 1979-80 General Appropriations Act can be used to supplement the salary of a new assistant or associate probate judge.

Requested by Frank E. Harrison, Esquire, McCormick County Attorney.

Read full opinion.

September 21, 1979

Opinion on authority to make per diem payments to persons serving on Program/Fiscal Review Committee who are not Members of the Commission.

Requested by Mr. Harry R. Bryan, Director, South Carolina Commission on Aging.

Read full opinion.

September 20, 1979

Opinion on whether there is a statutory prohibition of Commission members being employed by the Commission but such occurrence is forbidden by the decisions of the South Carolina Supreme Court.

Requested by Ms. Barbara Moxon, Columbia.

Read full opinion.

September 20, 1979

Opinion on whether a civil service commission can be established under the direction of the Sheriff, without the establishment of a separate county police system not under the Sheriff’s control (Section 23-13-10, Code of Laws of South Carolina, 1976).

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

Read full opinion.

September 20, 1979

Opinion on the constitutionality of placing copies of the Ten Commandments in public school rooms.

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

Read full opinion.

September 20, 1979

Opinion on whether or not a police officer is acting within his authority when an individual whose license has been recently suspended to stop them to determine if this individual is still under suspension.

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

Read full opinion.

September 20, 1979

Opinion on whether the South Carolina Sea Grant Consortium is a state agency, and subject to state Budget and Control Board rules and regulations as to approval of salaries, classification and compensation, travel and per diem, etc.

Requested by Mr. William A. McInnis, Deputy Executive Director, State Budget and Control Board.

Read full opinion.

September 20, 1979

Opinion on whether the Legislative Audit Council is responsible for evaluating State motor vehicle use pursuant to § 24 of Part II of Act No. 644 of 1978.

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

Read full opinion.

September 19, 1979

Opinion on juveniles, juvenile courts, education and school districts.

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

Read full opinion.

September 19, 1979

Opinion on crime of moral turpitude (offenses charged of accepting bribes by a law enforcement officer).

Requested by The Honorable Richard W. Riley, Governor, South Carolina.

Read full opinion.

September 19, 1979

Opinion concerning certain practices of a pastoral counselor (Section 40-55-90 of the Code of Laws of South Carolina, 1976).

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

Read full opinion.

September 19, 1979

Opinion on different ways Florence County School District #3 School Board can borrow money (Art. X, Section 15, Constitution of the State of South Carolina (1895), as amended; Sections 11-27-50 of the Code, as amended, and Section 59-71-10, et seq., of the Code).

Requested by Mr. Howell A. Wilson, Attorney at Law, Lake City.

Read full opinion.

September 19, 1979

Opinion on expense reimbursement to the Commissioners of the Employment Security Commission while traveling on official business (Section 135, 1979-80 Appropriations Act).

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

Read full opinion.

September 18, 1979

Opinion on the application of the nepotism statute to appointment to the Charleston County Board of Social Services (Section 43-9-10, Code of Laws of South Carolina, 1976).

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

Read full opinion.

September 18, 1979

Opinion on the enactment of a Bamberg County Council ordinance requiring a building permit for construction within the Town of Bamberg when the Town itself requires such a permit pursuant to its building code (Sections 4-9-30(5) and (9), Code of Laws of South Carolina, 1976)).

Requested by George R. Hundley, Esquire, Staff Attorney, Municipal Association of South Carolina.

Read full opinion.

September 18, 1979

Opinion on dual office holding (serve as mayor and also as administrator of Ridgeland, Section 5-11-40, Code of Laws of South Carolina, 1976).

Requested by The Honorable Wyman Nettles, Mayor of Ridgeland.

Read full opinion.

September 18, 1979

Opinion on dual office holding (member of the Union County Board of School Trustees and be a substitute teacher in the Union County Schools, Section 59-15-10, Code of Laws of South Carolina, 1976).

Requested by The Honorable John D. Long, III, Member, South Carolina Senate.

Read full opinion.

September 18, 1979

Opinion on whether or not the Marion County Council is authorized to make payments directly to individual members of the Marion County Legislative Delegation to cover their respective expenses as members (Section 3 of Act No. 283 of 1975 (home rule legislation)).

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

Read full opinion.

September 18, 1979

Opinion on crime of moral turpitude (sheriff accepting bribes).

Requested by The Honorable Richard W. Riley, Governor, South Carolina.

Read full opinion.

September 17, 1979

Opinion on education, general

Requested by Member, South Carolina House of Representatives.

Read full opinion.

September 14, 1979

Opinion on whether or not a school district can charge a teacher’s participation time in National Guard annual training against the teacher’s annual sick leave (Sections 8-9-70, 25-1-2550 and 59-1-400 of the 1976 Code of Laws of South Carolina).

Requested by Colonel William H. Shackelford, Chief of State, S.C.A.R.N.G.

Read full opinion.

September 14, 1979

Opinion on whether it would be illegal or unethical for the South Carolina Commission on Women to hire a member of the Commission Section 8-13-10, et seq., State Ethics law).

Requested by Ms. Barbara W. Moxon, Chairperson, South Carolina Commission on Women.

Read full opinion.

September 13, 1979

Opinion on dual office holding (city attorney and serve as municipal judge).

Requested by The Honorable R. Carroll Davis, Mayor, Town of Cowpens and Tyrone Courtney, Esquire, Attorney for Town of Cowpens.

Read full opinion.

September 13, 1979

Opinion on residency requirements of school board members in Union County.

Requested by Bruce E. Davis, Esquire, Camden.

Read full opinion.

September 13, 1979

Opinion on transient pilots taking off without paying for service and gasoline at South Carolina airports (Sections 16-13-30, 16-13-160, 16-13-240 and 16-13-260 of the 1976 Code of Laws of South Carolina).

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

Read full opinion.

September 12, 1979

Opinion on the legality of a school district awarding a contract to a construction management firm without competitive bidding (Sections 10-1-80 and 59-21-410 of the 1976 Code of Laws of South Carolina).

Requested by Mr. H.B. Ross, South Carolina Licensing Board for Contractors.

Read full opinion.

September 11, 1979

Opinion on exemptions from serving on juries (Sections 29-3-930, Section 14-7-850, Section 44-11-90 and 14-7-850 of the Code of Laws of South Carolina).

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

Read full opinion.

September 11, 1979

Opinion on whether the exemptions provided for in Section 56-5-4020 (Code of Laws of South Carolina, Cum Supp. 1978) applies to forestry harvesting equipment.

Requested by D.R. Cherry, Permit Supervisor.

Read full opinion.

September 11, 1979

Opinion on whether the hiring of a sheriff’s cousin as a deputy sheriff with the Spartanburg County Sheriff’s Department would be a violation of the State’s nepotism law.

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

Read full opinion.

September 11, 1979

Opinion on the procedure for appointing members of the Marion County Board of Education after January 1, 1980 (Section 4-9-170, Code of Laws of South Carolina, 1976).

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

Read full opinion.

September 11, 1979

Opinion on the validity of the Beaufort City Business License Ordinance regarding independent agents also providing fire insurance coverage along with other forms of insurance.

Requested by James C. Sanders, Esquire, Beaufort.

Read full opinion.

September 10, 1979

Opinion on whether a foreign professional corporation may be domesticated under the laws of South Carolina governing domestication of foreign corporations.

Requested by J. Thomas Mikell, Esquire, Beaufort.

Read full opinion.

September 10, 1979

Opinion on consent in default cases.

Requested by The Honorable Louis E. Condon, Master In Equity, County of Charleston.

Read full opinion.

September 10, 1979

Opinion on dual office holding (family court judge also serving on the board of directors of a local bank, Canon 5 of the Code of Judicial Conduct).

Requested by Honorable L. Mendel Rivers, Jr., Family Court Judge, 9th Judicial Circuit.

Read full opinion.

September 10, 1979

Opinion on the amount of surcharge which may be charged by the South Carolina Patient Compensation Fund.

Requested by The Honorable John W. Lindsay, Chief Insurance Commissioner, Department of Insurance.

Read full opinion.

September 10, 1979

Opinion on eligibility of Chiropractic College Clinic to become member of Patients’ Compensation Fund.

Requested by The Honorable John W. Lindsay, Chief Insurance Commissioner, Department of Insurance.

Read full opinion.

September 10, 1979

Opinion on use of the State Seal.

Requested by The Honorable Charles E. Lee, Director, S.C. Department of Archives & History.

Read full opinion.

September 7, 1979

Opinion on whether a magistrate has jurisdiction to order to expungement of the arrest and conviction records of a defendant convicted of violating the fraudulent check act.

Requested by The Honorable Edwin A. Manos, Abbeville County Magistrate.

Read full opinion.

September 7, 1979

Opinion on methods of identification of State owned motor vehicles.

Requested by Mr. Allan J. Spence, Director, Division of Motor Vehicle Management, State Budget and Control Board.

Read full opinion.

September 7, 1979

Opinion as to the scope of the Greenwood County Council’s authority with respect to other County elected officials.

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

Read full opinion.

September 7, 1979

Opinion on the fraudulent check act.

Requested by Harry B. Burchstead, Jr., Esquire, Office of the Solicitor, Third Judicial Circuit.

Read full opinion.

September 7, 1979

Opinion on the provisions of South Carolina Code of Laws, 1976, as amended, Sections 37-4-201 and 38-31-40(3), 38-35-940(3).

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

Read full opinion.

September 7, 1979

Opinion on dual office holding (assistant superintendent for a school district in York County also serve as a member of the South Carolina House of Representatives, Article XVII, § 1A of the South Carolina Constitution).

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

Read full opinion.

September 7, 1979

Opinion on the propriety of releasing drivers’ license photographs to law enforcement agencies (S.C. Freedom of Information Act).

Requested by E.P. Austin, Jr., Director, Motor Vehicle Division, Department of Highways and Public Transportation.

Read full opinion.

September 6, 1979

Opinion on whether the sheriff, who has custody of the county jail, may refuse the transfer of prisoners from the municipal jail when such prisoners are charged with offenses which are in the jurisdiction of the Court of General Sessions.

Requested by Thomas W. Thomas, Esquire, Lancaster.

Read full opinion.

September 6, 1979

Opinion on whether it would be legally feasible and constitutional to have a separate rate of interest for particular types of judgments, i.e., a rate of 10% or contracts and notes and 8% on torts.

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

Read full opinion.

September 6, 1979

Opinion on review of South Carolina State Library Regulation 75-1.

Requested by Ms. Betty E. Callaham, State Librarian, South Carolina State Library.

Read full opinion.

September 6, 1979

Opinion on whether a candidate for teacher certification in South Carolina may rely on a score attained on a teaching area examination of the National Teacher Examinations obtained prior to the effective date of Act No. 187 of 1979 (§ 59–25–110, Code of Laws of South Carolina, 1976; R43–42, Code of Laws of South Carolina, 1976; 73 Am. Jur. 2d Statutes §§ 153 and 156).

Requested by Mr. Charlie G. Williams, State Superintendent of Education.

Read full opinion.

September 6, 1979

Opinion on whether a deputy wildlife conservation officer driving a private vehicle may exceed posted highway speed limits when pursuing alleged violators of the fish and game laws (Code of Laws of South Carolina, § 56-5-170 (Cum. Supp. 1978); Code of Laws of South Carolina, § 56-5-760)).

Requested by Major P.L. Meek, Highway Patrol.

Read full opinion.

September 6, 1979

Opinion on a proposed Spartanburg County ordinance which would grant a 3% preference to county firms when they bid against out of county firms for county business.

Requested by Charles P. Edwards, Esquire, Assistant County Attorney, Spartanburg.

Read full opinion.

September 6, 1979

Opinion on review of the Legislative Audit Council’s report on the Board of Examiners for Nursing Home Administrators.

Requested by The Honorable Thomas E. Leath, Director of Agency Evaluation, State Reorganization Commission.

Read full opinion.

 

September 6, 1979

Opinion on liability of Commission for the Blind for defective product prepared by stand operator.

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

Read full opinion.

September 6, 1979

Opinion on the responsibility of providing forms used in the family courts.

Requested by The Honorable Louis Rosen, Assistant Director, S.C. Court Administration.

Read full opinion.

September 5, 1979

Opinion on whether or not a deputy wildlife conservation officer driving a private vehicle may exceed posted highway speed limits when pursuing alleged violators of the fish and game laws (Code of Laws of South Carolina, § 56–5–170 (Cum. Supp. 1978), Code of Laws of South Carolina, § 56–5–760)).

Requested by Major P.L. Meek, Highway Patrol.

Read full opinion.

September 5, 1979

Opinion on the proper method to prepare a municipal court jury box.

Requested by A. Ray Godshall, Esquire, Gaffney.

Read full opinion.

September 5, 1979

Opinion on the provisos to Section 8 of the 1979-80 Appropriations Act.

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

Read full opinion.

September 5, 1979

Opinion on property taxes – residential ratio.

Requested by The Honorable Melvin M. Pace, Chairman, Greenville County Council.

Read full opinion.

September 5, 1979

Opinion on the validity of several ordinances being considered by the Kershaw Town Council.

Requested by Robert W. Davis, Esquire, Kershaw Town Attorney.

Read full opinion.

September 4, 1979

Opinion on whether there are any State statutes prohibiting or regulating the involvement in a political party primary of a clerk for a county board of registration or election commission (Sections 7-5-10, -20, -30, 7-13-70 and -80, Code of Laws of South Carolina, 1976). .

Requested by Ms. Deborah H. Minick, Clerk, Saluda County Office of Elections and Registration.

Read full opinion.

September 4, 1979

Opinion on the responsibility of Clemson University relating to seeds, plants and seed plant certification (Section 46-21-10, et seq., Code of Laws of South Carolina, 1976, as amended).

Requested by Mr. Joseph B. McDevitt, Vice-President Executive Affairs and University Counsel, Clemson University.

Read full opinion.

September 4, 1979

Opinion on the effective date of an anticipated change in the form of municipal government for the City of the Isle of palms from the mayor-council form to the council-manager (Section 5-5-60, Code of Laws of South Carolina, 1976, as amended).

Requested by Edward P. Guerard, Jr., Esquire, Attorney at Law, Charleston.

Read full opinion.

August 31, 1979

Opinion on recently enacted Judicial Adjustment Act (R238, S402 (1979)) involving the collection of fees as to civil actions in magistrate’s court.

Requested by John C. Patrick, III, Esquire, Staff Attorney, South Carolina Court Administration.

Read full opinion.

August 31, 1979

Opinion on whether or not Section 2-1-70 of the 1976 Code of Laws would be applicable to the upcoming special elections to fill several Senate seats.

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

Read full opinion.

August 30, 1979

Opinion concerning the liability of an auction house in the event that stolen property is sold by an auctioneer at that auction house.

Requested by Col. George P. Pechilis, S.C. Auctioneers’ Commission.

Read full opinion.

August 29, 1979

Opinion on dual office holing (can Assistant Superintendent of Schools run for elective office and retain his position if elected).

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

Read full opinion.

August 29, 1979

Opinion on certain language in House Bill No. 3081 (duties of the Orangeburg County Treasurer).

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

Read full opinion.

August 29, 1979

Opinion on what responsibility the Joint Legislative Committee on Energy has for the staff previously transferred from the Nuclear Advisory Council.

Requested by The Honorable Allen R. Carter, Chairman, Joint Legislative Committee on Energy.

Read full opinion.

August 29, 1979

Opinion on fraudulent checks (Sections 34-11-60 et seq. of the 1976 Code of Laws, as amended).

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

Read full opinion.

August 29, 1979

Opinion on whether the Spartanburg Commission of Public Works is eligible for funding under the State Rural Water and Sewer Grants Act of 1975 (Section 6-19-10 et seq. of the 1976 Code of Laws of South Carolina).

Requested by Foster Coleman, P.E., Division of Water Supply, S.C. Department of Health and Environmental Control.

Read full opinion.

August 28, 1979

Opinion on termination of notary public commission.

Requested by Mr. John M. Leiter, Atlanta, GA.

Read full opinion.

August 27, 1979

Opinion on whether the school district should have advertised for bids on milk purchased for the district.

Requested by Mr. James R. Thompson, Esquire Attorney for the Cherokee County School Board.

Read full opinion.

August 27, 1979

Opinion on a municipal recorder’s authority (Section 14-25-910 of the 1976 Code of Laws).

Requested by The Honorable John Hamilton Smith, Member, South Carolina House of Representatives.

Read full opinion.

August 27, 1979

Opinion on Forest Beach Public Service District Soil Erosion Power.

Requested by Mr. William W. Jones, Jr., Esquire, Beaufort.

Read full opinion.

August 23, 1979

Opinion on the constitutionality of Section 4 of House Bill No. 3081 (R269 – provides for a partial equalization program for funding the various school districts of the County).

Requested by C. Walker Limehouse, Esquire, Orangeburg.

Read full opinion.

August 23, 1979

Opinion on whether the S. C. Residential Home Builders Commission could issue a limited license.

Requested by Mr. John T. Watkins, S. C. Residential Home Builders Commission.

Read full opinion.

August 23, 1979

Opinion on the meaning of the term “residential purposes” relating to rate of tax applied to gross proceeds of sale of electricity, natural gas, fuel oil, etc. when used for residential purposes (General Appropriations Act, 1979, Permanent Provisions, Part II, Section 4, paragraphs (A) through (D)).

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

Read full opinion.

August 23, 1979

Opinion concerning the use and sale of fireworks in Beaufort County.

Requested by Joseph A. Dean, Fire Marshall, Sea Pines Forest Beach Fire Department.

Read full opinion.

August 23, 1979

Opinion on whether or not the 1979 Act bearing ratification number R238 amending Section 15-31-10, permits a master to enter a final judgment in a cause upon the agreement and stipulation of the parties not in default.

Requested by The Honorable Jasper M. Cureton, Master in Equity, Richland County Courthouse.

Read full opinion.

August 23, 1979

Opinion concerning the use of funds of the Cooper River Park and Playground Commission to pay a portion of an employee’s contribution to establish creditable service.

Requested by Guerard and Applegate, P.A., Charleston.

Read full opinion.

August 22, 1979

Opinion on term of service for the Williamsburg County Tax Collector (Act No. 240 of 1947. 45 STAT. 482 (1947)).

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

Read full opinion.

August 22, 1979

Opinion on the constitutionality of an act of the General Assembly to increase the membership of the St. Andrew’s Public Service District in Charleston County (Article VIII, Section 7 of the South Carolina Constitution).

Requested by The Honorable Richard W. Riley, Governor.

Read full opinion.

August 22, 1979

Opinion on the constitutionality of an act of the General Assembly empowering the Calhoun County Council to provide by ordinance for the issuance of building or construction permits in all unincorporated areas of that County and repealing Act No. 1072 of 1966 (General Law).

Requested by The Honorable Richard W. Riley, Governor.

Read full opinion.

August 22, 1979

Opinion on pension eligibility for retired members of the South Carolina National Guard who served extended periods of time on active duty (Title 10, Section 3911, United States Code; Section 25-1-3210, Code of Laws of South Carolina, 1976).

Requested by Major Gen. T. Eston Marchant, The Adjutant General of South Carolina.

Read full opinion.

August 22, 1979

Opinion on the constitutionality of an act of the General Assembly amending Section 12-37-220 of the 1976 South Carolina Code of Laws (exemption from ad valorem taxation of self propelled farm machinery and equipment)

Requested by The Honorable Richard W. Riley, Governor.

Read full opinion.

August 22, 1979

Opinion on the constitutionality of an act of the General Assembly amending Act No. 1602 of 1972 (operating expenses of certain political subdivisions, agencies and commissions in Charleston County).

Requested by The Honorable Richard W. Riley, Governor.

Read full opinion.

August 22, 1979

Opinion on the constitutionality of an act of the General Assembly increasing the compensation of the Williamsburg County Tax Collector (Article VIII, Section 7 of the South Carolina Constitution).

Requested by The Honorable Richard W. Riley, Governor.

Read full opinion.

August 22, 1979

Opinion on the constitutionality of an act of the General Assembly establishing single member election districts for members of the Horry County Council, providing for their terms of office and repealing Act No. 845 of 1976 (Article VIII, Section 7 of the South Carolina Constitution).

Requested by The Honorable Richard W. Riley, Governor.

Read full opinion.

August 22, 1979

Opinion on the procedure the Real Estate Commission should promulgate its policy for the approval of real estate schools (Section 40-57-100, Code of Laws of South Carolina, 1976).

Requested by David E. Martin, Esquire, S.C. Real Estate Commission.

Read full opinion.

August 21, 1979

Opinion on Family Court Constable (Section 14-21-340, South Carolina Code of Laws (1976))..

Requested by The Honorable David H. Maring, Chief Judge, Family Court of the 15th Judicial Circuit.

Read full opinion.

August 17, 1979

Opinion on warrant fees.

Requested by Mr. Frank S. Newman, Director, Warrant Division, South Carolina Tax Commission.

Read full opinion.

August 17, 1979

Opinion on how certain additional money appropriated to the probate court may be utilized (Section 8 of appropriations bill).

Requested by The Honorable E.K. Hardin, Chester County Probate Judge.

Read full opinion.

August 17, 1979

Opinion on the legal status of the Williamsburg County Development Board 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.

August 16, 1979

Opinion on whether a petition candidate for a seat on a municipal council based upon single member districts must comply with the petition signature requirement (Section 7-11-70 or § 5-15-110 of the Code of Laws of South Carolina, 1976, as amended).

Requested by William B. Regan, Esquire, Corporation Counsel, City of Charleston—Legal Dept.

Read full opinion.

August 16, 1979

Opinion on the necessity for an adversary hearing in the approval of a location for a branch bank (Section 34-1-70 of the South Carolina Code of Laws, 1976).

Requested by The Honorable Grady L. Patterson, Jr., Chairman, Board of Financial Institutions.

Read full opinion.

August 16, 1979

Opinion on what the effect would happen if a member of the Basic Skills Advisory Commission appointed from one Congressional District moved to another Congressional District (Act No. 631 of 1978).

Requested by Ms. Dorothy A. Manigault, Executive Assistant for Legal Affairs, Office of the Governor.

Read full opinion.

August 16, 1979

Opinion on a probate court judge’s authority to exercise the powers of both the master-in-equity and the probate judge (Act 377 (1918 (30) 710))).

Requested by The Honorable Kathryn F. Sanders, Probate Court Judge, McCormick County.

Read full opinion.

August 16, 1979

Opinion on whether or not a penalty or a late charge could be imposed on a past due sewer service bill without legal action and if so, the amount which could be imposed.

Requested by Steven H. Knight, Esquire, Charleston.

Read full opinion.

August 15, 1979

Opinion on whether service as a U.S. Cadet Nurse during the World War II years constitutes military service within Section 9-1-1140 (Public Law 78-74).

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

Read full opinion.

August 15, 1979

Opinion on the legal status of the Metropolitan Sewer Subdistrict and whether it is an “employer” under Section 9-3-10 et seq., 1976 Code of Laws of South Carolina.

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

Read full opinion.

August 14, 1979

Opinion on public drunkenness under Section 16-17-530.

Requested by Mr. Charles R. Hunter, City Recorder, City of Bennettsville.

Read full opinion.

August 14, 1979

Opinion on whether or not The State Bank Holding Company Act, Section 34–23–30(B) of the South Carolina Code of Laws, 1976, prohibits acquisition by a foreign bank holding company of more than 25% of voting shares of a South Carolina trust company which is engaged purely in the trust business.

Requested by Mr. Grady L. Patterson, Jr., Chairman, South Carolina State Board of Financial Institutions.

Read full opinion.

August 14, 1979

Opinion on child abuse procedure.

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

Read full opinion.

August 14, 1979

Opinion on reduction to county auditor’s salary (Sections 4-9-30(7) and 4-9-140 of the 1976 Code of Laws)).

Requested by Honorable Joseph N. Malphrus, Jasper County Attorney.

Read full opinion.

August 14, 1979

Opinion on House Bill 3408 (tax millage to be levied for Charleston County School District).

Requested by The Honorable T. Dewey Wise, Member, South Carolina Senate.

Read full opinion.

August 14, 1979

Opinion on the constitutionality of recently-enacted legislation which adds Section 58-3-24 to the 1976 Code of Laws of South Carolina.

Requested by The Honorable Warren D. Arthur, IV, Member, South Carolina House of Representatives.

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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