Archive for the ‘1979 Opinions’ Category

August 14, 1979

Opinion on whether the State Board of Examiners for Nursing Home Administrators has authority to require practical experience in nursing home administration as a requisite to initial licensure as a nursing home administrator.

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

Read full opinion.

August 14, 1979

Opinion on property tax exemptions for the 1979 tax year (Sections 12-37-220 and 12-3-145; Joint Resolution S. 577).

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

Read full opinion.

August 14, 1979

Opinion on the Legislative Audit Council’s Report on the Board of Architectural Examiners.

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

Read full opinion.

August 13, 1979

Opinion on whether or not Family Court have jurisdiction to order any disposition of the North Carolina property owned jointly by the parties (Section 14-21-1020 of the Code of Laws of South Carolina (1976 as amended)).

Requested by The Honorable Willie T. Smith, Jr., Judge, Family Court, Thirteenth Judicial Circuit.

Read full opinion.

August 13, 1979

Opinion on the power of the county administrator in the council-administrator form of county government to hire and fire county employees and the county council’s authority to reinstate any discharged county employee (Sections Section 4-9-630(8) and 4-9-30(7), Code of Laws of South Carolina, 1976, as amended)).

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

Read full opinion.

August 13, 1979

Opinion on whether or not the chairman of the Aiken County Council is the chief executive officer of Aiken County (Section 4-9-10(a), Appendix to Article I, and Section 4-9-630(1), Code of Laws of South Carolina, 1976, as amended).

Requested by John H. Williams, Esquire, Aiken.

Read full opinion.

August 13, 1979

Opinion on taxes, license fees, and insurance issues on a 1931 Marmon automobile given as a gift to the South Carolina Museum Commission but the owner currently retains possession of it (Article X, Section 6, of the South Carolina Constitution).

Requested by Roger E. Stroup, Curator of History, South Carolina Museum Commission.

Read full opinion.

August 10, 1979

Opinion on definition of “class of persons entitled to assistance” (Section 31-13-170(p)).

Requested by Lonnie A. Garvin, General Counsel, Mid-South Mortgage Company, Inc.

Read full opinion.

August 9, 1979

Opinion on a proposed referendum regarding “appropriating money or authorizing the levy of taxes” (Section 4-9-1210, Code of Laws of South Carolina).

Requested by Thurmond Bishop, Esquire, Abbeville County Attorney.

Read full opinion.

August 9, 1979

Opinion on the gift of an antique car to the State Museum with the car being loaned back to the owner for him to show it at antique auto shows (Section 12-7-700(14), Code of Laws of South Carolina, 1976, as amended)).

Requested by Richard B. Kale, Jr., Esq., Senior Assistant Attorney General.

Read full opinion.

August 9, 1979

Opinion on whether or not the Williamsburg County Council has authority to change the method of appointing members to the Williamsburg Technical, Vocational and Adult Education Center Commission (Section 4-9-170 of the Code of Laws of South Carolina, 1976, as amended).

Requested by The Honorable Frank H. McGill, Member, South Carolina Senate.

Read full opinion.

 

August 8, 1979

Opinion on the propriety of charging a defendant with both reckless driving and failing to stop for a police vehicle arising from the same set of facts (Section 56-5-750 of the Code of Laws of South Carolina).

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

Read full opinion.

August 8, 1979

Opinion on the constitutionality of Sections 50-17-1560 and 50-17-1650 of the Code of Laws of South Carolina, 1976.

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

Read full opinion.

August 8, 1979

Opinion on whether or not “volunteer” firemen are municipal employees within the prohibition against municipal employment of city councilmen contained in Section 5-7-180, Code of Laws of South Carolina, 1976.

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

Read full opinion.

August 8, 1979

Opinion on whether or not a McCormick County Council member can do construction work on apartment buildings owned by the McCormick County Housing for Aging, Inc., a private eleemosynary corporation.

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

Read full opinion.

August 7, 1979

Opinion on property tax (Article X, Section 3, South Carolina Constitution; Section 3284–5 of the 1942 Code of Laws: Act No. 621, 1978 Acts).

Requested by The Honorable Robert C. Wasson, Chairman, South Carolina Tax Commission.

Read full opinion.

August 7, 1979

Opinion on whether a City may enter into a contract to provide security personnel and equipment to a private development (Sections 5-7-60 and 5-7-110 of the Code of Laws of South Carolina (1976)).

Requested by Lowell W. Ross, Esquire, Walhalla.

Read full opinion.

August 6, 1979

Opinion on whether the State Performance Appraisal Policy applies to faculty of the state colleges and universities and related questions.

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

Read full opinion.

August 6, 1979

Opinion on the Fraudulent Check Act (Section 34-11-70 as amended).

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

Read full opinion.

August 6, 1979

Opinion on whether it is necessary for the S.C. Museum Commission to have a quorum of members in order to conduct business (Section 60-13-10 of the South Carolina Code of Laws, 1976).

Requested by Overton G. Ganong, Deputy Director, S.C. Museum Commission.

Read full opinion.

August 6, 1979

Opinion on the legal status of the Palmetto State Teachers’ Association, and whether it is an “employer” under Section 9-1-10(5) of the Retirement Act.

Requested by Mr. Purvis W. Collins, Director, S.C. Retirement System.

Read full opinion.

August 4, 1979

Opinion on landowner’s time limit for appeal of resolution from the Board of Condemnation (Section 33-139, 1962 South Carolina Code of Laws).

Requested by Mr. S.O. Holstein, Right of Way Engineer, State Highway Department.

Read full opinion.

August 1, 1979

Opinion on Act No. 283 of 1975, the “home rule”’ legislation, and its impact on the legislation creating and providing for the Court Library Commission of Greenville County.

Requested by John P. Britton, Esquire, Court Library Commission of Greenville County.

Read full opinion.

August 1, 1979

Opinion on dual office holding (serve as Deputy Wildlife Conservation Officer and as a municipal recorder).

Requested by Richard P. Ruonala, Chief of Police, Town of Andrews.

Read full opinion.

July 31, 1979

Opinion on whether Clerk of Court can retain fees for sale of real property (Section 15–39–770).

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

Read full opinion.

July 31, 1979

Opinion on legality of the so-called Q-Switch.

Requested by Col. J. Seaborn, Director, Law Enforcement Division, Department of Highways and Public Transportation.

Read full opinion.

July 31, 1979

Opinion on use of FR-11 regarding citizen complaints on the operation of an uninsured vehicle.

Requested by Colonel W. J. Seaborn, Commander, S.C. Highway Patrol.

Read full opinion.

July 31, 1979

Opinion on the constitutionality of an act of the General Assembly creating the Bamberg County Aeronautics Commission.

Requested by The Honorable Richard W. Riley, Governor.

Read full opinion.

July 31, 1979

Opinion on the constitutionality of an act of the General Assembly amending a 1967 act to further provide for compensation to members of the Edgefield County Water and Sewer Authority.

Requested by The Honorable Richard W. Riley, Governor.

Read full opinion.

July 31, 1979

Opinion on the Education Finance Act of 1977.

Requested by The Honorable Charlie G. Williams, State Superintendent of Education.

Read full opinion.

July 30, 1979

Opinion on the use of institutional funds by South Carolina State College to finance medical treatment for students.

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

Read full opinion.

July 30, 1979

Opinion on the Freedom of Information Act.

Requested by Doris Brantley, Executive Secretary, S.C. State Board of Cosmetic Art Examiners.

Read full opinion.

July 30, 1979

Opinion on fuel tag stickers and motor vehicle inspection requirements of farm trucks (Section 12-31-10).

Requested by Corporal C.B. Kinard, Allendale.

Read full opinion.

July 30, 1979

Opinion on the compensation paid the Clerk of Court of Beaufort County for the sale of documentary stamps.

Requested by Ladson F. Howell, Esquire, Beaufort.

Read full opinion.

July 27, 1979

Opinion on whether an individual who did not possess a real estate license could conduct a judicial sale or judicial auction of real estate.

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

Read full opinion.

July 27, 1979

Opinion on the Board of Accountancy.

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

Read full opinion.

July 27, 1979

Opinion on property tax—Homestead Exemption—payment of real estate taxes as condition precedent.

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

Read full opinion.

 

July 26, 1979

Opinion on extent of liability of Newberry County for damages arising from an injury to a juror as she stepped out of the jury box.

Requested by Mr. William T. Hunter, Esquire, Newberry County Attorney.

Read full opinion.

July 26, 1979

Opinion on whether or not the Governor has the authority to item veto an amendment to Act No. 1377 of 1968 (State Capital Improvements Bond Act).

Requested by The Honorable Richard W. Riley, Governor.

Read full opinion.

July 25, 1979

Opinion on whether a retained counsel can bring a particular action for DSS in the name of the department (Section 1-7-80 of the Code of Laws of South Carolina (1976)).

Requested by E. Crosby Lewis, Esquire, Columbia.

Read full opinion.

July 25, 1979

Opinion on equalization authority of the State Board of Financial Institutions.

Requested by Mr. Stephen H. Smith, President, The South Carolina Savings and Loan League.

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July 25, 1979

Opinion on clarification of Section 34-1-110 of the South Carolina Code of Laws, 1976 as amended by Act No. 59 of 1979.

Requested by Edward W. Miller, Esquire, Southern Bank and Trust Company.

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July 25, 1979

Opinion on which section is applicable to initiate a suit to recover debts owed to DSS under contracts (Section 1-7-80 of the 1976 Code).

Requested by E. Crosby Lewis, Esquire, Columbia.

Read full opinion.

July 24, 1979

Opinion on the annexation of property in a special purpose district in Spartanburg County.

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

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July 24, 1979

Opinion on dual office holding (serve on the State Board of the South Carolina Department of Social Services and the South Carolina Educational Television Commission).

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

Read full opinion.

July 24, 1979

Opinion on whether or not a federal court can, pursuant to federal bankruptcy laws, order a store to be opened on Sundays in this State in violation of the “‘blue laws.”

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

Read full opinion.

July 24, 1979

Opinion on S. 261 (amends Section 44-53-530 of the 1976 Code, seizure and forfeiture of conveyances used in illegal transport of drugs).

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

Read full opinion.

July 23, 1979

Opinion on S-402 – Judicial Omnibus Act of 1979.

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

Read full opinion.

July 23, 1979

Opinion on whether funds coming into the possession of the Opportunity School may only be invested by the State Treasurer pursuant to his express authority in § 11-13-30.

Requested by Dr. J. Truett Willis, Director, Wil Lou Gray Opportunity School.

Read full opinion.

July 20, 1979

Opinion on the Legislative Audit Council’s report on the Board of Landscape Architectural Examiners.

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

Read full opinion.

July 20, 1979

Opinion on voting equipment used by the County Election Commission (Code § 7-13-1310, et seq.).

Requested by Mrs. Belle J. Kennette, Chairman, Creenwood County Election Commission.

Read full opinion.

July 20, 1979

Opinion on disclosure of Inspection Report.

Requested by Mr. Heyward G. Shealy, Chief, Bureau of Radiological Health, S.C. Department of Health and Environmental Control.

Read full opinion.

July 19, 1979

Opinion on property tax – fair market valuation of timberlands for nonagricultural use.

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

Read full opinion.

July 19, 1979

Opinion on whether the Charleston County School District has the authority to pay finance compensation to retiring employees.

Requested by Augustine T. Smythe, Esquire, Charleston County School Board Attorney.

Read full opinion.

July 19, 1979

Opinion on whether Act No. 7 of 1979 is preempted by the federal Variable Rate Mortgage Regulation (12 C.F.R. 545.6-2, banks and banking; loans, mortgages and foreclosures, property real; real estate).

Requested by The Honorable S. Hunter Howard, Jr., Chairman, Banking and Consumer Affairs, Subcommittee, House of Representatives.

Read full opinion.

July 19, 1979

Opinion on The Coroner’s Book of Inquisitions (Section 17-7-330 of the 1976 Code of Laws).

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

Read full opinion.

July 19, 1979

Opinion on whether persons organizing and encouraging school boycotts would be violating any laws (Section 16-17-420).

Requested by Mr. Howell A. Wilson, Esquire, Attorney for Florence County School Number 3.

Read full opinion.

July 19, 1979

Opinion on whether municipalities, counties and local or regional housing authorities may issue revenue bonds for the purpose of providing mortgage funds to persons within their jurisdiction.

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

Read full opinion.

July 18, 1979

Opinion on property tax – excess funds.

Requested by Gerald C. Smoak, Esquire, Colleton County Attorney.

Read full opinion.

 

July 18, 1979

Opinion on the alternative method of drawing jurors as outlined by Sections 14-25-680 through 720 of the 1976 Code of Laws is used for a term of municipal court.

Requested by The Honorable Robert M. Doster, Municipal Judge, City of Lancaster.

Read full opinion.

July 18, 1979

Opinion on the constitutionality of an act (R-248) which establishes single member election districts for the election of members of the Chester County Council.

Requested by The Honorable Richard W. Riley, Governor.

Read full opinion.

July 17, 1979

Opinion on crime of moral turpitude (Title 21, United States Code, Sections 841(a)(1) and 843(b)).

Requested by The Honorable Richard W. Riley, Governor.

Read full opinion.

July 17, 1979

Opinion on municipal corporations.

Requested by William B. Regan, Corporation Counsel, City of Charleston.

Read full opinion.

July 17, 1979

Opinion on acquiring the last remaining vacant land on the Cooper River to establish a waterfront park in Charleston.

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

Read full opinion.

July 17, 1979

Opinion on statute of limitations for medical malpractice suits (1976 South Carolina Code Section 15-3-545, 1977 Act No. 182, Section 2).

Requested by Mr. Stu Chapman, Feature Editor, Legal Aspects of Medical Practice.

Read full opinion.

July 17, 1979

Opinion on performance bonds (Code of Laws of South Carolina, Section 57-5-1660).

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

Read full opinion.

 

July 17, 1979

Opinion on whether Soil and Water Conservation Districts are subprograms of State government.

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

Read full opinion.

July 16, 1979

Opinion on what authority exists with respect to the control of aircraft owned by the State or its agencies.

Requested by The Honorable Richard W. Riley, Governor.

Read full opinion.

July 13, 1979

Opinion on handicapped students’ education.

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

Read full opinion.

July 13, 1979

Opinion on regulations promulgated by the State Budget and Control Board regarding state-owned vehicles used by the University of South Carolina police.

Requested by Mr. Timothy G. Quinn, Office of the President, Legal Affairs and Legislation, University of South Carolina.

Read full opinion.

July 13, 1979

Opinion on whether special deputies have the power to arrest, carry a pistol and use a blue light on their vehicles.

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

Read full opinion.

July 12, 1979

Opinion on dual office holing (serve as Executive Director of Greenville County Redevelopment Authority and hold a position on any other State, county or municipal board, commission, committee or authority, Article XVII, Section 1A of the South Carolina Constitution).

Requested by Douglas F. Dent, Esquire, Greenville.

Read full opinion.

July 12, 1979

Opinion on dual office holding (professor at the Medical University of South Carolina can serve as a member of the South Carolina ETV Community Advisory Board).

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

Read full opinion.

July 12, 1979

Opinion on Judicial Council (Sections 14-27-60 and 14-27-80 of the South Carolina Code of Laws of 1976).

Requested by Mr. Steve K. Good, Director, Accounting and Personnel, S.C. Judicial Department.

Read full opinion.

July 11, 1979

Opinion on whether a town in this State may employ a police officer who is not a resident of this State.

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

Read full opinion.

July 11, 1979

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

Requested by Mr. Ernest Williams, Chairman, Dorchester County Vocational Education Board of Trustees and Mr. Wallace E. Kizer, Director, Dorchester Vocational Center.

Read full opinion.

July 11, 1979

Opinion on Section 43-37-10, Code of Laws of South Carolina (1976), 1978 Cum. Supp.

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

Read full opinion.

July 11, 1979

Opinion on whether Francis Marion College is in violation of segregation laws in maintaining a continuing agreement to use the facilities at an area country club for the college varsity golf program if that club has no black members.

Requested by Mr. Walter D. Smith, President, Francis Marion College.

Read full opinion.

July 11, 1979

Opinion on the order of appointment to the State Development Board from among the various judicial circuits of the State.

Requested by The Honorable John C. Lindsay, The Honorable Albert Eugene Carmichael, Jr., Members, South Carolina Senate and The Honorable W. Green DesChamps, Member, South Carolina House of Representatives.

Read full opinion.

July 11, 1979

Opinion on reservation of proposed corporate name.

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

Read full opinion.

July 11, 1979

Opinion on the participation by a member of the General Assembly in an insurance rate hearing.

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

Read full opinion.

 

July 10, 1979

Opinion on the propriety of testimony by an attorney to the Grand Jury as to matters affecting his client’s interests.

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

Read full opinion.

July 10, 1979

Opinion on definition of “Professional Soil Conservationist.”

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

Read full opinion.

July 10, 1979

Opinion on legality of a former teacher transferring service from the South Carolina Retirement System to the Retirement System for members of the General Assembly.

Requested by Mr. William A. McInnis, Secretary, Budget and Control Board.

Read full opinion.

July 9, 1979

Opinion on the legality of the funding of the purchase of a new jet aircraft by the State Development Board through the Capital Improvement Bond Bill.

Requested by The Honorable Larry H. Brinker, Member, South Carolina House of Representatives.

Read full opinion.

July 9, 1979

Opinion on Freedom of Information Act—Recording of Board Meeting.

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

Read full opinion.

 

July 9, 1979

Opinion on sufficiency of real estate courses taught in the South Carolina Technical Education System.

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

Read full opinion.

July 7, 1979

Opinion on applicability of Administrative Procedure Act to motor vehicle management regulations.

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

Read full opinion.

July 6, 1979

Opinion on 1979 property tax year exemption – suspension of application and other procedural requirements.

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

Read full opinion.

July 5, 1979

Opinion on constitutionality of Act No. 649 of 1978 (withdraw funds from the Reserve Fund and allocate that money to the Highway Department).

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

Read full opinion.

July 5, 1979

Opinion on whether a city can by ordinance place a limit on the amount of money that can be spent by or on behalf of a candidate’s campaign for the offices of mayor and city council.

Requested by John P. Mann, Esquire, Greenville.

Read full opinion.

July 5, 1979

Opinion on Ordinance No. 79-6-21 (transfer of securities from a bank to the County Treasurer).

Requested by Mrs. Jimmie R. Boatwright, Marion County Treasurer.

Read full opinion.

July 5, 1979

Opinion on the method of appointment of the members of the Beaufort Memorial Hospital Board of Regents (Section 1 of Act No. 1197 of 1966. 54 STAT. 2976 (1966)).

Requested by Mr. James A. Uzzell, Administrator, Beaufort Memorial Hospital.

Read full opinion.

July 5, 1979

Opinion on the appointive and recommendatory powers to boards and commissions by the Williamsburg County Legislative Delegation and Williamsburg County Council (Section 4-9-170, Code of Laws of South Carolina, 1976).

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

Read full opinion.

July 31, 1979

Opinion on the constitutionality of an act of the General Assembly providing that the Darlington County Council members are to be elected from the single member election districts.

Requested by The Honorable Richard W. Riley, Governor.

Read full opinion.

July 2, 1979

Opinion on excess funds – investments (Section 6-5-10 and 12-45-220 of the Code of Laws of South Carolina, 1976).

Requested by The Honorable Ted O. Wright, Lancaster County Treasurer.

Read full opinion.

July 2, 1979

Opinion on voter eligibility.

Requested by Ms. Frances M. Pennington, Chairman, Aiken County Board of Voter Registration.

Read full opinion.

July 2, 1979

Opinion on whether a recent decision by the South Carolina Supreme Court may be determined to be applicable to general contractors and residential home builders.

Requested by Joseph R. Surface, Esquire, City Attorney, City of North Charleston.

Read full opinion.

June 29, 1979

Opinion on authority of the county treasurer’s custody of county funds and make payments (Article X, Section 8 of the South Carolina Constitution; Section 4–9–30(8), Chapter 13 of Title 4, Section 4–9–630 and Section  4–9–650 of the 1976 Code of Laws).

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

Read full opinion.

June 29, 1979

Opinion on proposed ordinance regarding property taxes – penalty for late payment or discount for early payment (Section 3 of Article 7 of Act 283, Acts of 1975, contained in 1976 Code as editor’s note under Section 4–9–10 of the 1976 Code of Laws, Act 202, Acts of 1973, and Section 4–9–30, 1976 Code of Laws).

Requested by John H. Williams, Esquire, Aiken County Attorney.

Read full opinion.

June 29, 1979

Opinion on whether the Hilton Head Public Medical Clinic District is empowered to provide financial assistance to the Hilton Head Island Rescue Squad.

Requested by W.L. Bethea, Jr., Esquire, Hilton Head Island.

Read full opinion.

June 29, 1979

Opinion on applicability of Administrative Procedure Act to Workmen’s Compensation Law (Act 176 of 1977; Sections 1-23-310 et seq., South Carolina Code (1976)).

Requested by The Honorable James J. Reid, Chairman, South Carolina Industrial Commission.

Read full opinion.

June 29, 1979

Opinion on whether or not the Horry County Council is authorized to supplement the salaries of State employees.

Requested by Mr. William J. Brown, Administrator/Finance Officer, Horry County Finance Office.

Read full opinion.

June 29, 1979

Opinion on whether property owned by the S.C. Regional Housing Authority #3 is exempt from county taxation (Article X, Section 3 of the South Carolina Constitution; Sections 12-37-220, 31-3-570 and 31-3-1150, 1976 South Carolina Code of Laws).

Requested by Ms. Vera R. Benton, Orangeburg County Tax Assessor.

Read full opinion.

June 29, 1979

Opinion on the Fraudulent Check Law.

Requested by Mr. James M. Hatchell, Executive Vice President, South Carolina Merchants Association.

Read full opinion.

June 29, 1979

Opinion on using the Law of Trespass to prosecute trespassers on an owner’s industrial property (Section 16-11-610 and 50-1-90, Code of Laws of South Carolina (1976)).

Requested by The Honorable Lloyd I. Hendricks, Member, South Carolina House of Representatives.

Read full opinion.

June 29, 1979

Opinion on the Administrative Procedures Act (Section 1-23-320(e) of the 1976 Code of Laws of South Carolina).

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

Read full opinion.

June 29, 1979

Opinion on Workmen’s Compensation, Administrative Procedure (Act 176 of 1977).

Requested by James J. Reid, Chairman, South Carolina Industrial Commission.

Read full opinion.

June 28, 1979

Opinion on admission taxes (Section 12-21-2420 of the 1976 Code of Laws of South Carolina).

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

Read full opinion.

June 28, 1979

Opinion on applicability of vehicle size and weight limitations and classified driver’s license requirements to drivers of city or county owned vehicles.

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

Read full opinion.

June 28, 1979

Opinion on whether a telephone directory advertisement under the category of dental hygienist violates the South Carolina Dental Practice Act (Sections 40-15-10 et seq., Code of Laws of South Carolina, 1976, as amended).

Requested by W. Lynn Campbell, D.M.D., President, South Carolina State Board of Dentistry.

Read full opinion.

June 28, 1979

Opinion on whether the South Carolina School for the Deaf and Blind is an institute for higher education (Section 59-105-5 of the 1976 Code of Laws of South Carolina).

Requested by Mr. Michael Humbert, Assistant Personnel Director, South Carolina School for the Deaf and the Blind.

Read full opinion.

June 27, 1979

Opinion on Section 8-13-490 of the Code of Laws of South Carolina.

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

Read full opinion.

June 27, 1979

Opinion on whether a school district can legally make payroll deductions from wages/salaries of district employees for purpose of paying association/union dues, charitable contributions, etc. on behalf of the employee.

Requested by J. Wright Horton, Esquire, Greenville.

Read full opinion.

June 27, 1979

Opinion on the Governor’s authority to appoint members to the South Carolina’s Board of Chiropractic Examiners (Code of Laws of South Carolina, Section 40-9-30 (1976)).

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

Read full opinion.

June 26, 1979

Opinion on the validity of acts taken by the 1979 Horry County Council relating to the decision by the South Carolina Supreme Court invalidating the election of its members.

Requested by Mr. Dick Elliott, Vice-Chairman, Horry County Council.

Read full opinion.

June 26, 1979

Opinion concerning Richland County School District Number One Teaching Contracts (Section 59-25-410, Code of Laws of South Carolina, 1976, as amended).

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

Read full opinion.

June 26, 1979

Opinion on the constitutionality of H-2992,( amend Act 1595 of 1972, relating to the Charleston County Park, Recreation and Tourist District).

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

Read full opinion.

June 26, 1979

Opinion on Horry County Ambulance District (Act No. 576 of 1971).

Requested by Phillip G. Grose, Jr., Director, State Reorganization Commission.

Read full opinion.

June 26, 1979

Opinion on the confidentiality of adoption records (S.C. Code, § 15-45-140(c) (1976), Regulation 114-65.1(A)(4)).

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

Read full opinion.

June 26, 1979

Opinion on whether Juvenile Placement & Aftercare is responsible for printing and supplying forms for the operation of the Family Court (Section 14-21-480, Code of Laws of South Carolina, 1976, as amended).

Requested by Mr. Michael Grant LeFever, Deputy Director, Juvenile Placement & Aftercare.

Read full opinion.

June 25, 1979

Opinion on whether or not the Board of Health & Environmental Control can withdraw its regulations from consideration by the General Assembly (South Carolina Code § 1-23-120 (1976)).

Requested by The Honorable Bill Campbell, Member, South Carolina House of Representatives.

Read full opinion.

June 25, 1979

Opinion on transportation costs for return of states’ runaways, escaped or absconded juveniles (Interstate Compact on Juveniles, Section 24-17-10 of the Code of Laws of South Carolina, 1976).

Requested by Mr. Michael Grant LeFever, Deputy Director, Juvenile Placement And Aftercare.

Read full opinion.

June 25, 1979

Opinion on whether a constable is entitled to a hearing before a county council and possible reinstatement after being removed by the appointing magistrate (Section 4-9-30(7), Code of Laws of South Carolina, 1976, as amended).

Requested by John Henry Williams, Esquire, Aiken County Attorney.

Read full opinion.

June 22, 1979

Opinion on attorneys’ fees.

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

Read full opinion.

June 22, 1979

Opinion on what investments may be made with the Greenwood County Electric Capital Fund as a result of the sale of the Greenwood County electrical production facilities to Duke Power Company in 1966.

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

Read full opinion.

June 21, 1979

Opinion concerning South Carolina high school equivalency examination.

Requested by The Honorable Charlie G. Williams, State Superintendent of Education of South Carolina.

Read full opinion.

June 20, 1979

Opinion on whether a Senator from Richland County has any authority or input regarding the selection of magistrates’ constables in Richland County.

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

Read full opinion.

June 19, 1979

Opinion on Section 1-23-10, et seq., Code of Laws of South Carolina, 1976, as amended.

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

Read full opinion.

June 19, 1979

Opinion on dual office holding (serves as a trustee on the Spartanburg County School Board and as a commissioner of a special district fire department).

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

Read full opinion.

June 18, 1979

Opinion on Administrative Procedures, Rules and Regulations.

Requested by The Honorable Bill Campbell, Member, South Carolina House of Representatives.

Read full opinion.

June 18, 1979

Opinion on State liability relating to damages to owners’ trucks for moving them as a result of truckers parking their vehicles to obstruct major roads or highways.

Requested by Mr. Robert Drake, Administrative Assistant to the Governor.

Read full opinion.

June 18, 1979

Opinion on the propriety of the West Columbia magistrate sending a letter to an individual who failed to pay a parking ticket which threatened the issuance of an arrest warrant.

Requested by Lt. Charles G. Taylor, Sr., Columbia Airport Police Department.

Read full opinion.

June 14, 1979

Opinion on definition of “fraternal organization.”

Requested by Reverend Howard G. McClain, Executive Minister, Christian Action Council.

Read full opinion.

June 14, 1979

Opinion on whether or not Zippy Mart of South Carolina, Inc. qualifies for an exemption for license requirements for general contractors (Section 40-11-100 of the 1976 Code of Laws).

Requested by Mr. Thomas H. Curlee, Jr., Attorney-at-Law, Columbia.

Read full opinion.

June 14, 1979

Opinion on whether the Joint Legislative Committee on Energy would be responsible for the payment of per diem and subsistence to members of the Nuclear Advisory Council.

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

Read full opinion.

June 14, 1979

Opinion on whether or not the City of Greenville’s proposal to revise its zoning ordinance per Section 5-23-10 conflict with Section 6-7-720 et seq.

Requested by Glen S. Baldwin, Esquire, Greenville City Attorney.

Read full opinion.

June 14, 1979

Opinion on federal position agreements.

Requested by The Honorable Peden B. McLeod, Chairman, Joint Appropriations Legislative Review Committee.

Read full opinion.

June 13, 1979

Opinion on applicable interest rate for a mobile home dealer’s floor plan arrangement (Section 34-31-30 of the South Carolina Code of Laws, 1976).

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

Read full opinion.

June 13, 1979

Opinion concerning the operation of the Florence County Ambulance Service Commission.

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

Read full opinion.

June 12, 1979

Opinion on whether or not Magistrates have the authority to issue executions on judgments rendered in their courts (Sections 15–39–10 and 22-3-320 of the 1976 Code of Laws).

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

Read full opinion.

June 12, 1979

Opinion on disbursement of monies paid to S.C. State Firemen’s Association pursuant to Section 38-57-180.

Requested by Mr. Roland M. Crawford, Director, Insurer Licensing and Taxation, Department of Insurance.

Read full opinion.

June 12, 1979

Opinion on whether or not magistrates’ constables have authority to conduct judicial sales in cases of distrain, execution, attachment, and mechanics’ liens.

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

Read full opinion.

June 11, 1979

Opinion on County Treasurers—annual leave—payment upon surrender of office. (Section 8-11-620 of the Code of Laws of South Carolina).

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

Read full opinion.

June 11, 1979

Opinion on whether or not a town’s enactment of a revised comprehensive zoning ordinance can be adopted by reference or if the entire bill must be read.

Requested by Laurence O. Stoney, Esquire, General Counsel, Town of Mount Pleasant.

Read full opinion.

June 11, 1979

Opinion on property tax – residential classification of undivided interests.

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

Read full opinion.

June 11, 1979

Opinion on fees payable to Fairfield County Clerk of Court.

Requested by Mr. Moultrie D. Douglas, Attorney at Law.

Read full opinion.

June 11, 1979

Opinion on Master in Equity term of office (Sections 14-11-10 et seq., Code of Laws of South Carolina, 1976).

Requested by Mr. J.B. Clements, Master-in-Equity, Florence County.

Read full opinion.

June 11, 1979

Opinion on responsibility for preparation of jury summons.

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

Read full opinion.

June 11, 1979

Opinion on whether or not public funds may be utilized to purchase political advertisements to express the position of elected public officials.

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

Read full opinion.

June 8, 1979

Opinion on whether or not uniformity of method of jury selection is not required by Article III, Section 34(7) or by Article V of the Constitution.

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

Read full opinion.

June 8, 1979

Opinion on the Freedom of Information Act.

Requested by Mr. John F. Barry, Deputy Director, S.C. Aeronautics Commission.

Read full opinion.

June 7, 1979

Opinion on what constitutes “mental injury” and “harm” to a child’s welfare by a person (Section 20–10–20(C)(1)).

Requested by The Honorable Richard L. Rigdon, Member, South Carolina House of Representatives.

Read full opinion.

June 7, 1979

Opinion on how to fill a vacancy on a county council when a member has resigned.

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

Read full opinion.

June 7, 1979

Opinion on authority of the State Employee Grievance Committee and the Budget and Control Board to render decisions which differ from an agency’s decision on a grievance (Section 8-11-230 of the 1976 Code of Laws of South Carolina).

Requested by Charles D. Barnett, Ph.D., Department of Mental Retardation.

Read full opinion.

June 6, 1979

Opinion on crime of moral turpitude and whether the Governor has authority to appoint someone to the position or should an election be held to fill the vacancy (Section 8–1–100, Code of Laws, 1976).

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

Read full opinion.

June 6, 1979

Opinion on whether a change of venue may be granted to transfer a criminal case from a municipal court to a magistrate’s court.

Requested by Mr. Harry Shaw, Esquire, West Charleston.

Read full opinion.

June 6, 1979

Opinion on the Governor’s authority to fill a vacancy in the office of sheriff (South Carolina Code of Laws, 1976, Section 23-11-40).

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

Read full opinion.

June 6, 1979

Opinion on the validity of a proposed reduction in salary of a county elected official serving the unexpired portion of a predecessor’s term (Section 4-9-410, Code of Laws of South Carolina, 1976).

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

Read full opinion.

June 6, 1979

Opinion on dual office holding (hold the position of municipal councilman and continuing a pre-existing membership on the South Carolina Commission on Human Affairs).

Requested by W. Kenneth Eaton, Jr., Esquire, McGowan, Nettles, Keller & Eaton, P.A.

Read full opinion.

June 6, 1979

Opinion on the ability of the State or political subdivision thereof to enter into a particular contract with the federal government which provides funds for rural public transportation authorities.

Requested by Mr. R.D. Wilson, Division of Administration.

Read full opinion.

June 6, 1979

Opinion on whether Section 4-9-1210, Code of Laws of South Carolina, 1976, as amended, authorizes an initiative petition to restrict the taxing power of a county council.

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

Read full opinion.

June 6, 1979

Opinion on authority to conduct open dump inventory.

Requested by Hartsill W. Truesdale, P.E., Director, Solid Waste Management Div., South Carolina Department of Health and Environmental Control.

Read full opinion.

June 5, 1979

Opinion on dual office holding (security officer with Crafts-Farrow State Hospital and an auxiliary police officer with the Lexington County Sheriff’s Department, Article XVII, § 1A of the South Carolina Constitution).

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

Read full opinion.

 

June 5, 1979

Opinion on constitutionality of Act No. 1941 of 1972 [57 STAT. 3900 (1972)] under the prohibition contained in Article III, Section 34, subdivision 9, Constitution of South Carolina.

Requested by J.D. Black, Chairman, Easley-Central Water District.

Read full opinion.

June 5, 1979

Opinion on the City of York proceedings under the “Home Rule” Act, Section 5-7-210, 1976 Code.

Requested by David A. White, Esquire, Rock Hill.

Read full opinion.

June 5, 1979

Opinion on Board of Directors for a non-profit corporation.

Requested by The Honorable Rick George, Executive Director, S.C. Arts Commission.

Read full opinion.

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.

June 5, 1979

Opinion on whether the South Carolina Code of Laws (1976) removes contempt papers from the purview of Title 15, Chapter 9, Article 7 of the Code.

Requested by The Honorable B. J. Warshauer, Resident Judge, The Family Court of the Third Judicial Circuit.

Read full opinion.

June 4, 1979

Opinion on House Resolution H. 1912 and whether it conflicts with Section 10-1-40, Code of Laws of South Carolina, 1976, as amended.

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

Read full opinion.

June 1, 1979

Opinion on the Dairy Commission filing price schedules with the Department of Consumer Affairs (Article I of Act No. 176 of 1977).

Requested by Irvin D. Parker, State Consumer Advocate and Administrator of the Department of Consumer Affairs.

Read full opinion.

June 1, 1979

Opinion on Senate Bill 315 (R-135) relating to the St. Paul’s Fire District Commission in Charleston County to increase its membership from five to seven members.

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

Read full opinion.

June 1, 1979

Opinion on whether the special election required by § 5-7-200(b), Code of Laws of South Carolina, 1976, can be waived.

Requested by Albert M. Sparrow, Jr., Esquire, Abbeville City Attorney.

Read full opinion.

May 31, 1979

Opinion on legality of employing an advanced EMT in the emergency room and on the floor at the Fairfield Memorial Hospital (South Carolina Code Sections 40-47-40 and 40-47-260).

Requested by Ms. Beatrice R. Mackey, R.N.; M.S.N., Winnsboro.

Read full opinion.

May 31, 1979

Opinion on the solicitation or advertising of pre-need burial contracts.

Requested by Mr. Jennings B. Johnson, Inspector, South Carolina State Board of Funeral Service.

Read full opinion.

May 31, 1979

Opinion on personal liability of a JAG Office for malpractice (Section 25-1-2170 of the South Carolina Code of Laws, 1976).

Requested by Brigadier General T. Eston Marchant, Adjutant General, National Guard Armory.

Read full opinion.

May 30, 1979

Opinion on whether a municipal court has jurisdiction to try and determine a case involving a defendant arrested for simple possession of marijuana.

Requested by The Honorable W.D. Sowell, Chief of Police, Town of McBee.

Read full opinion.

May 30, 1979

Opinion on the notice requirement for a proposed referendum on purchasing a new water distribution system.

Requested by Joseph M. Jenkins, Jr., Esquire, Greenville.

Read full opinion.

May 30, 1979

Opinion on dual office holding (serves as County Administrator and holds a non-pay State Constable’s Commission).

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

Read full opinion.

May 29, 1979

Opinion on whether or not the General Assembly has the authority to close a road which is solely county operated.

Requested by Thurmond Bishop, Esquire, Abbeville County Attorney.

Read full opinion.

May 29, 1979

Opinion on whether or not the St. Andrews Public Service District Commission is authorized to expend District funds to oppose formally the proposed incorporation of a portion of the District’s service area (S.C. Constitution, art. X Section 5).

Requested by Steven H. Knight, Esquire, Attorney for St. Andrews Public Service District.

Read full opinion.

May 29, 1979

Opinion on the appointment of members of the Greenville County Recreation Commission (Act No. 1329 of 1968 [55 STAT. 3113 (1968)], as amended by Act No. 17 of 1969. 56 STAT. 17 (1969), Section 4-9-80, Code of Laws of South Carolina, 1976, as amended).

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

Read full opinion.

May 29, 1979

Opinion on the clarification and interpretation of Section 59-111-530 of the amended Code of Laws for South Carolina, 1976.

Requested by Dr. John H. Hubbard, Member of South Carolina State Board of Dentistry.

Read full opinion.

May 28, 1979

Opinion on the authority of the town police department to investigate, issue, and serve a warrant in a fraudulent check case.

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

Read full opinion.

May 28, 1979

Opinion on the interpretation of the term ‘Department Head’ in Section 5(6) of the Freedom of Information Act.

Requested by O. Lee Sturkey, Esquire, McCormick.

Read full opinion.

May 28, 1979

Opinion on Sumter Area Technical College.

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

Read full opinion.

May 28, 1979

Opinion on the Freedom of Information Act.

Requested by Mr. John F. Barry, Deputy Director, S.C. Aeronautics Commission.

Read full opinion.

May 28, 1979

Opinion on veterans’ organizations with national charters.

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

Read full opinion.

May 28, 1979

Opinion on whether or not contractual arrangement of  law enforcement is permitted in this State.

Requested by Lyle Hutter, Senior Public Safety Planner.

Read full opinion.

 

 

May 28, 1979

Opinion on whether or not an area not presently included in the municipal boundaries of a proposed municipality of St. Andrews can be annexed to the municipality if the incorporation of St. Andrews succeeds.

Requested by The Honorable Robert A. Kohn, Member, South Carolina House of Representatives.

Read full opinion.

May 28, 1979

Opinion on whether or not the Horry County Police Commissioner has arrest powers.

Requested by Herman D. Enzor, Chief, Horry County Police Department.

Read full opinion.

May 28, 1979

Opinion on Freedom of Information Act interviews of candidates for appointment on the County Board of Education.

Requested by Bruce E. Davis, Esquire, Camden.

Read full opinion.

May 25, 1979

Opinion on whether the Richland County Assessor and his employees are subject to the personnel ordinances of the Richland County Council or the employment policies and procedures of the County Board of Assessment Control.

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

Read full opinion.

May 25, 1979

Opinion on what basis shall the Secretary of State shall use for determining whether or not an area seeking incorporation exceeds 15,000 persons (Section 5-1-30).

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

Read full opinion.

May 25, 1979

Opinion on the status of the Greenwood City and County public library system/

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

Read full opinion.

May 24, 1979

Opinion on whether or not leasing of real property owned by the Florence County Industrial Development Commission for production of commodities in the manufacture of gasohol satisfies restrictive covenants.

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

Read full opinion.

May 24, 1979

Opinion on whether the Chester County Council has authority to enact an ordinance regulating dogs that run at large within the County (Sections 47-3-20 and 4-9-30(5) and (14), Code of Laws of South Carolina, 1976, as amended).

Requested by Paul E. Short, Jr., Esquire, Chester.

Read full opinion.

May 24, 1979

Opinion on whether the Pee Dee Regional Transportation Authority has authority to purchase certain supplies and equipment from the Purchasing and Property Division of the Board (Section 1-11-150 of the 1976 Code of Laws of South Carolina, as amended).

Requested by Mr. D.L. McMillin, Assistant State Purchasing Officer, Budget & Control Board.

Read full opinion.

May 24, 1979

Opinion on procedure to be followed to change the terms of office of members of the Edisto Beach City Council from two-year to four-year staggered terms.

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

Read full opinion.

May 23, 1979

Opinion on municipal license taxes (Section 5-7-30, 1976 South Carolina Code of Laws.

Requested by Honorable Michael G. Herring, Ridgeland Town Administrator.

Read full opinion.

May 22, 1979

Opinion on definition of the term “local education agency” as it relates to the Education of the Handicapped Act (20 U.S.C.S. Section 1401 et seq.).

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

Read full opinion.

May 22, 1979

Opinion on whether or not the Department of Labor may pay former employees a witness fee for their attendance at contested administrative hearings conducted by the department.

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

Read full opinion.

May 22, 1979

Opinion on legality of a Beaufort County ordinance “To Establish Procedures for Posting of Signs or Markings to Designate Streets as No Parking or Loading Zones.”

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

Read full opinion.

May 22, 1979

Opinion on the liability of an auctioneer if he should unknowingly sell at auction stolen merchandise consigned to him for sale.

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

Read full opinion.

May 21, 1979

Opinion on whether or not a magistrate must institute a fine of one hundred dollars for individuals found guilty of Section 56–1–460 of the 1976 Code of Laws or can he suspend part of the fine.

Requested by Thomas J. Quinn, Assistant Public Defender, Richland County.

Read full opinion.

May 21, 1979

Opinion on S.C. Freedom of Information Act regarding disclosure of information about Department of Insurance employees.

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

Read full opinion.

May 21, 1979

Opinion on whether a school district lawfully may make payroll deductions from employees’ salaries for dues to employees’ professional associations.

Requested by The Honorable Robert A. Kohn, Member, South Carolina House of Representatives.

Read full opinion.

May 21, 1979

Opinion on whether magistrates must reside in a particular district when a statute mandates residency within a district.

Requested by The Honorable Lee R. Deese, Judge, Kershaw.

Read full opinion.

May 21, 1979

Opinion on whether there is a prohibition of the use of trade names by optometrists in South Carolina.

Requested by Dr. Henry V. Sawyer, Secretary, Board of Examiners In Optometry.

Read full opinion.

May 21, 1979

Opinion on whether imprisonment for a conviction of driving under the influence and the suspension of driver’s license constitutes being punished twice for the same offense (Section 56-5-2990 of the 1976 Code of Laws).

Requested by Mr. Billy S. McCoy, Anderson.

Read full opinion.

May 18, 1979

Opinion on lien notations on motor vehicle certificates of title.

Requested by Mr. James D. McNair, President, Farmers and Merchants Bank.

Read full opinion.

May 18, 1973

Opinion on procedure to be followed to create a register of mesne conveyances separate and apart from the clerk of court in Pickens County.

Requested by The Honorable J.F. Griffin, Pickens County Clerk of Court.

Read full opinion.

May 18, 1979

Opinion on whether or not two or more municipalities are authorized to enter into an agreement to provide “joint” police protection in certain circumstances (Section 5-7-120, Code of Laws of South Carolina, 1976).

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

Read full opinion.

May 18, 1979

Opinion on a proposed green box ordinance in Bamberg County (Act No. 886 of 1974 [58 STAT. 1941 (1974)].

Requested by D.A. Early, Esquire, Bamberg County Attorney.

Read full opinion.

May 18, 1979

Opinion on taxability of diesel fuel.

Requested by The Honorable G. Bryan Patrick, Jr., Commissioner of Agriculture.

Read full opinion.

May 18, 1979

Opinion on the effects of “home rule” legislation on Williamsburg County Board of Education matters.

Requested by Mr. R.C. Fennell, Superintendent of Education, Williamsburg County Board of Education.

Read full opinion.

May 17, 1979

Opinion on whether an officer has the authority to make a reckless driving case when he did not see the person driving the car.

Requested by The Honorable Mary F. Henderson, Magistrate, Law Enforcement Center.

Read full opinion.

May 17, 1979

Opinion on whether or not the Berkeley County Council can authorize a $5.00 fee for the issuance of the mobile home moving permit required by the provisions of Act No. 576 of 1978 [59 STAT. 1164 (1978)].

Requested by R. Markley Dennis, Jr., Esquire, Moncks Corner.

Read full opinion.

May 17, 1979

Opinion on whether a check given as a down payment on merchandise when credit terms are subsequently arranged is included in the Fraudulent Check Act (Section 34-11-60 of the 1976 Code as amended).

Requested by Mr. James M. Hatchell, Executive Vice President, South Carolina Merchants Association.

Read full opinion.

May 17, 1979

Opinion on whether or not discretion is vested in a town attorney to retry cases which have previously resulted in mistrials.

Requested by Joseph W. Hudgens, Esquire, Newberry.

Read full opinion.

May 17, 1979

Opinion on the use of matching funds for restoration of a home listed on the National Historic Register.

Requested by Honorable Melvin Ernest Nunnery, Member, South Carolina House of Representatives.

Read full opinion.

May 17, 1979

Opinion on taxation of timber deeds (Article X, Sections 1 and 2 of the Constitution, Sections 12-37-680, 12-37-690, 12-37-700 and 12-43-220 of the 1976 Code of Laws).

Requested by Honorable James M. Waddell, Jr., Chairman, Tax Study Commission.

Read full opinion.

May 16, 1979

Opinion on property tax—homestead exemption—disability, date for eligibility.

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

Read full opinion.

May 16, 1979

Opinion on property taxation of streets, roadways, etc., when privately owned.

Requested by Henry B. Richardson, Jr., Esquire, Sumter County Attorney.

Read full opinion.

May 16, 1979

Opinion on whether the Department of Social Services should enforce the amended version of the Health and Fire Regulations on child day-care centers or the 1976 version on religious related child day-care centers (Section 43-35-720, Code of Laws of South Carolina, 1976, as amended).

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

Read full opinion.

May 16, 1979

Opinion on the jurisdiction of Ministerial Magistrates of Charleston County.

Requested by Mr. Neal M. Forney, Jr., Assistant Director, S. C. Court Administration.

Read full opinion.

May 16, 1979

Opinion on whether or not the student organization at the College of Charleston

Requested by McKenzie A. Perry, Jr., Esquire, College Counsel, The College of Charleston.

Read full opinion.

May 16, 1979

Opinion on a Resolution adopted by District 775 of Rotary.

Requested by The Honorable Tom S. Gettys.

Read full opinion.

May 15, 1979

Opinion on whether the tax levy may be in fractions of less than one-half mill.

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

Read full opinion.

May 15, 1979

Opinion on the procedure to be used in order to increase the membership of the Board of Public Works of Gaffney.

Requested by C.E. Saint-Amand, Esquire, Gaffney.

Read full opinion.

May 14, 1979

Opinion on concerning amendments to Articles of Incorporation.

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

Read full opinion.

May 14, 1979

Opinion on whether or not two industrial areas should be included within the Piedmont Park Fire District in view of the South Carolina Supreme Court’s holding in Celanese Corporation, et al v. Strange, et al., 272 S.C. 399, 252 S.E.2d 137 (1979).

Requested by Robert L. White, Chief, Piedmont Park Fire Department.

Read full opinion.

May 14, 1979

Opinion on what expenditures the members of the Georgetown County Water and Sewer District may be reimbursed.

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

Read full opinion.

May 14, 1979

Opinion on dual office holding (whether a county councilman can serve on more than one county board or commission).

Requested by Mr. B.F. Edmonds, McCormick.

Read full opinion.

May 11, 1979

Opinion on whether the Winthrop Credit Union is an “employer” under § 9-1-10(5) of the Retirement Act.

Requested by Mr. Purvis W. Collins, Director, S.C. Retirement System.

Read full opinion.

May 9, 1979

Opinion on whether or not a ministerial recorder is without authority to admit to bail.

Requested by Henry F. Floyd, Esquire, Pickens City Attorney.

Read full opinion.

May 9, 1979

Opinion on the South Carolina Environmental Systems Operators Act (Section 40-23-10, et seq., of the 1976 Code of Laws of South Carolina).

Requested by Mr. Jack A. McKenzie.

Read full opinion.

May 9, 1979

Opinion on propriety of actions by the Chief Judge of the Civil and Criminal Court to grant a motion for a new trial regarding a case originally heard by a different judge of the Civil and Criminal Court.

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

Read full opinion.

May 8, 1979

Opinion on a proposed procedure in a magistrate’s court when a defendant who has been issued a “courtesy summons” fails to post bond prior to his court date and further fails to appear in court for trial.

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

Read full opinion.

 

May 8, 1979

Opinion as to whether the S.C. State Housing Authority can consider Mid-South Mortgage Company, Inc., and Tandem Development, Inc. as a potential developer under your NOFA published in Columbia, Greenville, Charleston and Charlotte newspapers weekly during April, 1979.

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

Read full opinion.

 

May 8, 1979

Opinion on effective date of the change in the membership of the Horry County Council directed by the South Carolina Supreme Court in the recent action entitled Van Fore, et al. v. Cooke, et al.

Requested by John Patrick Henry, Esquire, Horry County Attorney.

Read full opinion.

May 4, 1979

Opinion on whether the State Administrative Procedure Act applies to due process hearings held at the local educational agency level under Public Law 94-142, 20 USC Section 1401 et seq. (Section 1-23-10 et seq. of the 1976 Code of Laws of South Carolina).

Requested by Ms. Joy R. Mann, General Counsel, The South Carolina Protection & Advocacy System for the Handicapped, Inc.

Read full opinion.

May 4, 1979

Opinion on whether a person who has made eyeglasses for an optometrist or ophthalmologist for more than three years within this State may apply for an optician’s license (Section 40-37-140(3) 1976 Code of Laws of South Carolina).

Requested by Mr. Jack S. Folline.

Read full opinion.

May 4, 1979

Opinion on whether or not a school district can establish its own deferred compensation plan (Act No. 97, 1977 Acts and Joint Resolutions, which has been codified as § 8-23-10 et seq. , Code of Laws of South Carolina , 1976, as amended).

Requested by John R. Thomas, Esquire, Merline & Thomas, Attorneys at Law.

Read full opinion.

May 4, 1979

Opinion on who has authority to increase board members’ salaries for the Board of Trustees of School District No. 2 in Sumter County.

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

Read full opinion.

May 4, 1979

Opinion as to whether it is proper for the State Employee Grievance Committee to receive information or evidence from the respondent agency prior to the date of the grievance hearing.

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

Read full opinion.

 

May 3, 1979

Opinion on whether or not a suspended patrolman (now resigned) is entitled to various compensation during the period of suspension.

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

Read full opinion.

 

May 3, 1979

Opinion on legal guidance in application of certain regulations of the State Board of Examiners for Nursing Home Administrators.

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

Read full opinion.

 

May 3, 1979

Opinion on Section 44-17-410 (whether an individual who has been committed to the South Carolina State Hospital pursuant to an emergency admission may be detained in a county jail prior to transportation to the Hospital).

Requested by Honorable Marguerite S. Kinard, Probate Judge for Colleton County.

Read full opinion.

May 24, 1979

Opinion on the sale of drugs and other controlled substances by drug wholesalers (Section 40-43-150, Code of Laws of South Carolina 1976), and Sections 44-53-300 et seq.).

Requested by John F. McLaughlin, Jr., M.D., Raybestos Manhattan Industrial Products Company.

Read full opinion.

May 2, 1979

Opinion on how a vacancy in the current term of the office of the York County Treasurer would be filled.

Requested by The Honorable Earle E. Morris, Jr., Comptroller General, Wade Hampton Office Building.

Read full opinion.

May 2, 1979

Opinion on whether the word ‘gasohol’ may be registered as a trademark in this State so as to allow the owner to have the exclusive use thereof.

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

Read full opinion.

May 2, 1979

Opinion on how a vacancy in the office of the York County Treasurer would be filled.

Requested by The Honorable Earle E. Morris, Jr., Comptroller General, Wade Hampton Office Building.

Read full opinion.

May 2, 1979

Opinion regarding whether there is a law permitting someone at the polls to aid those who wish to vote if they ask for assistance.

Requested by Ransom O. Hinnant.

Read full opinion.

 

May 2, 1979

Opinion on the Chester County Board of Directors.

Requested by Paul E. Short, Jr., Esquire, Strickland, Short & Keels, P.A.

Read full opinion.

May 2, 1979

Opinion on length of time to hold an individual before a warrant is served on the individual.

Requested by Mr. W.T. Yarborough, Director, Oconee Law Enforcement Center.

Read full opinion.

May 2, 1979

Opinion on whether individual hiring subcontractors to build a home are required to be licensed by the S.C. Residential Home Builders Association.

Requested by Mr. James D. Riley, Sr., Inspector, Colleton County Building Inspector.

Read full opinion.

May 2, 1979

Opinion on municipal elections.

Requested by Mr. Louis H. Siau, Georgetown County Auditor.

Read full opinion.

May 2, 1979

Opinion on whether the results of a blood test may be accepted over the results of a breathalyzer test.

Requested by The Honorable Edwin A. Manos, Chief Judge for Administrative Purposes of Magistrate’s Court.

Read full opinion.

May 2, 1979

Opinion on the order in which parties should present evidence during a grievance hearing and as to the order of closing statements.

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

Read full opinion.

May 1, 1979

Opinion on the proposed Record Series Retention/Disposition Schedule which has been prepared by the State Department of Archives and History.

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

Read full opinion.

 

May 1, 1979

Opinion on whether an individual paid by the hour by a homeowner to construct an addition to the present residential home of such homeowner is required to be licensed.

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

Read full opinion.

May 1, 1979

Opinion on whether The Greenville-Spartanburg Airport Commission is not an ‘agency’ or ‘state agency’ within the meaning of Act No. 176 of 1977.

Requested by Thomas A. Evins, Esquire, Attorney for the Greenville-Spartanburg Airport Commission.

Read full opinion.

May 1, 1979

Opinion on the number of residences an unlicensed residential home builder can construct for his own use.

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

Read full opinion.

April 30, 1979

Opinion regarding whether the Richland County Council Chairwoman, Auditor, Treasurer, Assessor and County Attorney may be appointed to the County Tax Execution Committee without violating the provisions of the South Carolina Constitution relating to dual office holding.

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

Read full opinion.

April 30, 1979

Opinion concerning the operation of bingo by ‘South Carolina Resource & Developmental Corporation.’

Requested by Mr. Graham Hawkins, Jr., Director, Greenwood Civic Center.

Read full opinion.

April 30, 1979

Opinion as to whether or not the South Carolina Alcoholic Beverage Control Commission has the authority to issue a beer and wine permit and a sale and consumption license to a ship.

Requested by Nicholas P. Sipe, Esquire, South Carolina Alcoholic Beverage Control Commission.

Read full opinion.

April 26, 1979

Opinion regarding if a mayor can be considered a qualified candidate if they do not live within the precinct where they voted.

Requested by Honorable Henry C. Chambers, Mayor, City of Beaufort.

Read full opinion.

April 26, 1979

Opinion regarding if it is proper for a law enforcement officer to set a bond in a given situation after a particular individual had been incarcerated or must that person be carried before a judicial officer for the setting of a bond.

Requested by the Honorable Jack M. Allison, Cherokee County Magistrate’s Court.

Read full opinion.

April 25, 1979

Opinion concerning whether the State Board of Funeral Service has the duty or the authority to issue a permit for a crematory, and if it’s necessary for the operator of a crematory to have a funeral director’s license.

Requested by Mr. C. R. Hinshaw, Jr., Executive Secretary, South Carolina State Board of Funeral Service.

Read full opinion.

April 25, 1979

Opinion as to whether interest on contributions to the Solicitors Retirement System should be paid when a solicitor who leaves the Solicitors’ Retirement System prior to retirement requests a refund of his contributions.

Requested by Mrs. Cornelia Shillito, Deputy Comptroller General.

Read full opinion.

April 24, 1979

Opinion regarding whether a supervised lender may in conjunction with the refinancing of an existing loan redesignate delinquent payments as deferred payments of reassess previously imposed delinquency charges as deferral charges.

Requested by Everette H. Whitler, Director, Consumer Finance Division, Board of Financial Institutions.

Read full opinion.

April 24, 1979

Opinion as to whether the simultaneous holding of various positions violates the constitutional provision which prohibits dual office holding.

Requested by Richard Ruhle, Esquire.

Read full opinion.

April 23, 1979

Opinion concerning your appearance before a Rotary Club for the purpose of making a presentation relating to the general scope of the activities of South Carolina ETV.

Requested by Mr. Henry J. Cauthen, General Manager, South Carolina ETV Network.

Read full opinion.

April 23, 1979

Opinion on whether the provisions of Section 11–9–15, Code of Laws, 1976, as amended, prohibit the use of a State-owned vehicle and the provision of a security agent to accompany one in traveling to and speaking at a meeting of an organization which has a discriminatory membership admissions policy.

Requested by The Honorable Nancy Stevenson, Lieutenant Governor.

Read full opinion.

April 23, 1979

Opinion concerning  whether a mayor may hold a police commission while holding office and carry a gun legally.

Requested by Mr. Herbert F. Payton, Chief of Police.

Read full opinion.

April 23, 1979

Opinion as to the procedure to be used in prescribing salaries for the members of the Western Carolina Sewer Authority.

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

Read full opinion.

April 23, 1979

Opinion regarding whether the Lieutenant Governor may use State automobiles and State paid Security Agents in appearing at meetings of organizations with discriminatory policies.

Requested by Lieutenant Governor.

Read full opinion.

April 23, 1979

Opinion concerning whether there is any State law prohibiting the Town Council of City View from employing the daughter of one of your Town Councilmen.

Requested by The Honorable Zimmie E. Mason, Mayor, Town of City View.

Read full opinion.

April 23, 1979

Opinion as to whether or not the City of Newberry, South Carolina, can impose a business license tax upon the Farmers Mutual Insurance Association of Newberry based, in part, upon premiums collected within the City by the business on risks located both within and without the municipal corporate limits.

Requested by James Verner, Esquire, Harley & Verner.

Read full opinion.

April 23, 1979

Opinion as to whether or not the reduction in size of a proposed municipal improvement district would invalidate the previously-obtained consenting petition to create such a district.

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

Read full opinion.

April 23, 1979

Opinion regarding if the licensing of psychological stress evaluator procedures are permitted in South Carolina.

Requested by Mr. James E. Callahan, Jr., Manager, Security and Accident Prevention, Hardee’s.

Read full opinion.

April 20, 1979

Opinion as to what constitutes a ‘full-time magistrate’s constable’ as referenced in Section 2 of Act No. 667 of 1976 now codified as Section 22-9-190 of the 1976 Code of Law, as amended.

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

Read full opinion.

April 20, 1979

Opinion as to the validity of a proposed lease by the Greenville Airport Commission of airport property to a lessee for the purpose of operating a motel and whether such lease would be in violation of Section 55-9-190 of the 1976 Code.

Requested by Hon. E. P. Riley.

Read full opinion.

April 20, 1979

Opinion concerning whether holding the position of Assistant Public Defender for Orangeburg County would present any conflicts with your running for or holding a position on the City Council of the City of Orangeburg.

Requested by Joseph  P. Mizzell, Jr., Esquire, Attorney at Law.

Read full opinion.

April 19, 1979

Opinion concerning the condemnation powers of the Broad Creek Public Service District (District).

Requested by Cary S. Griffin, Esquire, Attorney at Law.

Read full opinion.

April 19, 1979

Opinion concerning the probable effect of the South Carolina Supreme Court’s opinion in Celanese Corporation, et al. vs. Strange, et al., 272 S.C. 399, 252 S.E.2d 137 (1979), upon certain portions of the Piedmont Sewer, Light and Fire District of Anderson and Creenville Counties (District).

Requested by E.P. Riley, Esquire, Attorney, Piedmont Sewer, Light, & Fire District.

Read full opinion.

April 19, 1979

Opinion as to whether or not the Mayor of the Town of Ravenel, South Carolina can be removed from office by popular recall, there is no provision in the laws of South Carolina for the removal of a public official by popular recall.

Requested by Honorable McKinley Washington, Jr., Member, House of Representatives.

Read full opinion.

April 19, 1979

Opinion regarding compensation as Chairman of the Cometery Board.

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

Read full opinion.

April 18, 1979

Opinion concerning the proposed Spartanburg County ordinance which seeks to establish a magisterial court for School District No. 7 in that county, I-agree with Mr. Atwater, the Director of the South Carolina Court Administration, that counties are not authorized to enact ordinances which relate to courts included within the unified judicial system.

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

Read full opinion.

April 18, 1979

Opinion concerning a proposed contract between Spartanburg County and an established volunteer fire department providing that the latter will supply fire protection services within a service area created by that county pursuant to Sections 4-19-10 et seq., CODE OF LAWS OF SOUTH CAROLINA, 1976, my opinion is that the proposal is not contemplated or authorized by the provisions of Sections 4-19-10 et seq. of the Code.

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

Read full opinion.

April 18, 1979

Opinion regarding if the term ‘public service district’ as used in South Carolina Code of Laws (1976), Section 7-11-71 may be construed to mean a school district.

Requested by L. Paul Barnes, Election Commission of Spartanburg County.

Read full opinion.

April 18, 1979

Opinion as to the constitutionality of certain provisions in Act No. 1840 of 1972 [57 STAT. 3658 (1972)].

Requested by Chief R. L. White, Piedmont Park Fire District.

Read full opinion.

April 18, 1979

Opinion as to whether certain ordinances enacted by the Beaufort County Council concerning animal control and parking are lawful.

Requested by the Honorable Dixie S. Robinson.

Read full opinion.

April 18, 1979

Opinion concerning whether the Union County Council could require that fees now received by Union County Magistrates and the Union County Sheriff’s Department be paid to Union County.

Requested by Mr. James Robert Martin, Union County Councilman.

Read full opinion.

April 17, 1979

Opinion as to when an election for city council members should be held after the referendum provided for in Section 5-5-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, as amended, results in a change in the form of government.

Requested by Honorable David Turnipseed, Senator, District No. 4, The South Carolina Senate.

Read full opinion.

April 17, 1979

Opinion relating to the role of the mayor in the mayor-council form of municipal government vis a vis city council committees.

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

Read full opinion.

April 17, 1979

Opinion as to the legal procedures for converting School Districts 1 and 2 in Clarendon County from appointed school members to elected school members.

Requested by Honorable Alex Harvin, III, Representative.

Read full opinion.

April 17, 1979

Opinion concerning proper venue of a possible fraudulent-breach-of-trust case.

Requested by the Honorable William W. Wilkins, Jr., Solicitor, Thirteenth Judicial Circuit, County Courthouse.

Read full opinion.

April 17, 1979

Opinion as to whether or not a person who is the city recorder for two different South Carolina municipalities thereby holds two offices ‘of honor or profit’ in violation of the South Carolina Constitution.

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

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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