1980 Opinions

December 31, 1980

Opinion on whether information regarding sexual assault victims could be obtained by interested citizens under the Freedom of Information Act.

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

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December 31, 1980

Opinion on clarification on the Privacy Act of 1974 and its effect on payroll matters.

Requested by Mr. Joseph A. Keener, Payroll Supervisor, Charleston County School District.

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December 31, 1980

Opinion on whether a dentist licensed in South Carolina, and licensed as a specialist in orthodontics may hold himself out as operating a ‘cranio-facial pain center’ (Section 40-15-220, Code of Laws of South Carolina).

Requested by Dr. Wilber Callihan, President, South Carolina State Board of Dentistry.

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December 31, 1980

Opinion on whether an advertisement placed in newspapers by Eckard Optical Center is legal.

Requested by Mr. Jack S. Folline, Chairman, South Carolina Board of Examiners in Opticianry.

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December 31, 1980

Opinion on dual office holding (serve as a member of the Charleston County Planning Board and the James Island Parks and Playground Commission, Article XVII, § 1A of the South Carolina Constitution).

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

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December 30, 1980

Opinion on the Sheriff and others approve the Declaration for Incorporation of a non-profit corporation constitutes only an administrative act or whether it was intended to require the actual consent of the sheriff to the formation of each such corporation (§ 33-31-40, 1976 Code of Laws).

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

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December 29, 1980

Opinion on whether county councilman indicted for assault with intent to kill, pointing a firearm and resisting arrest are crimes of moral turpitude.

Requested by Ms. Dorothy A. Manigault, Executive Assistant for Legislative Affairs, Office of the Governor, State of South Carolina.

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December 29, 1980

Opinion on date of expiration of term service as Sheriff of Colleton County.

Requested by The Honorable John I. Seigler, Sheriff, Colleton County.

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December 29, 1980

Opinion on whether or not the Williamsburg County Council is authorized to abolish the Williamsburg County Recreation Commission created by Act No. 191 of 1971, as amended.

Requested by W. E. Jenkinson, III, Esquire, Attorney at Law, Kingstree.

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December 22, 1980

Opinion on whether a person who is not currently licensed as a veterinarian may treat animals purchased, or adopted, from a local humane society of private individuals.

Requested by Brunson M. Westbury, D.V.M., South Carolina State Board of Veterinary Medical Examiners.

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December 19, 1980

Opinion on whether an individual convicted of embezzlement in another state from holding an office of public trust in this State (Section 16-13-210, Code of Laws of South Carolina, 1976).

Requested by Charles E. Curry, Esquire, Attorney at Law, Dillon.

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December 19, 1980

Opinion on whether or not a vacancy occurs when a county council member no longer resides in the single member election district from which he was elected.

Requested by T. H. Rawl, Jr., Esquire, Attorney at Law, Lexington.

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December 19, 1980

Opinion on whether or not the Woodruff-Roebuck Water District is required to accept the lowest bid in purchasing motor vehicles for the District.

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

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December 18, 1980

Opinion on State’s blue laws regarding the sale of detergents and other household cleaning materials (Section 53-1-50, Code of Laws of South Carolina, 1976).

Requested by The Honorable Archie Hardy, Member, South Carolina House of Representatives.

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December 18, 1980

Opinion on whether the State Legislature can enact legislation changing the composition, makeup or form of the Marlboro County Board of Education.

Requested by The Honorable John I. Rogers, III, Member, South Carolina House of Representatives.

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December 18, 1980

Opinion on whether in preparing a jury box for use in the magistrate’s court, the slips of paper containing the names of individual jurors must be placed in capsules prior to being placed in the jury box (Section 22-2-60, Code of Laws of South Carolina, as amended).

Requested by Honorable Jack Allison, Chief Judge of Magistrate Courts, Cherokee County.

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December 17, 1980

Opinion on whether the regular staff employees of the Lieutenant Governor’s Office are considered State employees subject to the provisions of the State Personnel Administration Act and the State Employee Grievance Procedure Act.

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

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December 12, 1980

Opinion of § 9-1-1140, 1976 Code of Laws of South Carolina.

Requested by Dennis M. Compos, Jr., Spartanburg County Auditor.

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December 12, 1980

Opinion on whether a South Carolina National Guard member qualifies for the State Deferred Compensation Plan.

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

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December 12, 1980

Opinion concerning Employee Benefit package (Section 40-37-240 of the Code of Laws of South Carolina (1976).

Requested by Mr. Jack S. Folline, Chairman, South Carolina Board of Examiners In Opticianry.

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December 12, 1980

Opinion on Section 59-111-50, 1976 Code of Laws of South Carolina, Titled Default on Certain Student Loans.

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

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December 11, 1980

Opinion on legality of actions taken by the Rock Hill City Council.

Requested by Mr. Joe B. Lanford, City Manager, City of Rock Hill.

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December 9, 1980

Opinion on whether a master-in-equity is authorized to utilize the services of an auctioneer to auction properties ordered sold by the court and whether the auctioneer’s fees could be assessed as a cost in the case.

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

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December 8, 1980

Opinion on whether Cayce municipal ordinance 2-2.16, which attempts to regulate and license foster homes, conflicts with authority granted the South Carolina Department of Social Services (§§ 43-15-10 et seq., Code of Laws of South Carolina, 1976, as amended).

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

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December 5, 1980

Opinion on jury area plan for Sumter County.

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

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December 5, 1980

Opinion on legality of the arrest powers of a recently hired police officer who as yet has not completed the basic training requirements established by the SC Law Enforcement Training Council (Section 23-23-40, Code of Laws of South Carolina, 1976, as amended).

Requested by Carroll D. Padgett, Jr., Esquire, Attorney at Law, Loris.

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December 4, 1980

Opinion on whether the Town of Pacolet can contract with Spartanburg County to employ a Spartanburg County magistrate to preside over the Pacolet Municipal Court.

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

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December 4, 1980

Opinion on who is authorized to license chiropractic facilities (Dept. of Health & Environmental Control (Regulation 61-15) or the Board of Chiropractic Examiners (Act No. 307 of 1980)).

Requested by Walton J. McLeod, III, Esquire, General Counsel, South Carolina Department of Health and Environmental Control.

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December 4, 1980

Opinion on whether a member of the South Carolina National Guard qualifies for the State Deferred Compensation Plan.

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

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December 4, 1980

Opinion on Capital Improvements Bond Act (Section 3 of Act No. 518 of 1980).

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

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December 4, 1980

Opinion on whether or not an individual can be charged as an accessory to a felony given certain circumstances.

Requested by The Honorable Frank E. Barron, III, Richland County Coroner.

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December 3, 1980

Opinion on whether Dorchester Human Development Corporation is an employer within the meaning of § 9-5-30(2), which incorporates the definition of § 9-1-10(5).

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

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December 3, 1980

Opinion on the legal status of the Beaufort/Jasper Regional Transportation Authority and whether it is an employer within the meaning of § 9-1-10(5), South Carolina Code of Laws.

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

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December 3, 1980

Opinion on Hartsville Community Center Building Commission.

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

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December 3, 1980

Opinion on Defender Corporation of Lancaster and Chester Counties.

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

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December 3, 1980

Opinion regarding the power of the Governor and the State Treasurer to refuse to issue State Institution Bonds pursuant to § 59-107-70, Code of Laws of South Carolina, 1976, and State Highway Bonds pursuant to § 57-11-290.

Requested by Mr. John Stephen Hooks, Jr., Office of the Governor, State of South Carolina.

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November 28, 1980

Opinion on the right of a Deputy Auditor, Treasurer or Clerk of Court to substitute for his principal.

Requested by The Honorable O. V. Player, Jr., Clerk of Court, Sumter County.

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November 28, 1980

Opinion on whether or not the Barnwell City Council is authorized to assist private developers who provide water and sewerage for residential subdivision lots by partially reimbursing those developers as the lots are so improved.

Requested by Thomas M. Boulware, Esquire, Barnwell City Attorney.

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November 28, 1980

Opinion on whether or not an Aiken County ordinance can repeal provisions of special legislation relating to the Aiken County Tax Collector.

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

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November 25, 1980

Opinion on contracts with state agencies.

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

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November 25, 1980

Opinion on the constitutionality of S.C. Code § 9-1-1140 (1976).

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

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November 25, 1980

Opinion on uniform traffic summons procedures.

Requested by The Honorable Maxine Dawes, Mayor of the City of Loris.

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November 25, 1980

Opinion on fixed date for the beginning of solicitor’s term of office.

Requested by The Honorable L. Henry Raines, II, Solicitor, Tenth Judicial Circuit.

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November 24, 1980

Opinion on whether or not the Spartanburg County Council is authorized to enact an ordinance regulating the sale of precious metals.

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

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November 24, 1980

Opinion on whether or not the offense of breach of trust with fraudulent intent constitutes moral turpitude.

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

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November 24, 1980

Opinion on the Colleton County Council’s authority to expend general county tax funds for the Women’s Shelter and enclosing prior opinions on the same subject.

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

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November 24, 1980

Opinion on constitutionality of South Carolina Board of Accountancy’s November 6, 1980 resolution.

Requested by Mr. R. Larry Kight, Director, South Carolina Board of Accountancy.

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November 21, 1980

Opinion on Property Tax—Nonexempt Status of Certain property of the Farmers Home Administration (7 U.S.C.A. § 1984).

Requested by The Honorable Pete C. Edwards, Greenwood County Assessor.

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November 21, 1980

Opinion on The State Employee Grievance Procedures Act.

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

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November 21, 1980

Opinion on legality of a voter passing a sample ballot or notes to another voter within the voting area in a precinct.

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

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November 19, 1980

Opinion on whether a City Housing Authority may exercise its powers outside the city which created it (Chapter 3 of Title 31 of the 1976 Code of Laws of South Carolina).

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

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November 18, 1980

Opinion on whether the South Carolina State Housing Authority will be in violation of its own rules, regulations or procedures or at odds with its bond agreements if it purchases an individual’s loan.

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

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November 18, 1980

Opinion on whether a municipal court has jurisdiction to try a criminal fraudulent check case in a situation where the municipal governing body of the municipality in which the court is located has not acted (Section 34-11-90, Code of Laws of South Carolina, 1976, as amended).

Requested by The Honorable Thomas P. Lowndes, Jr., Judge, Municipal Court, Town of Mt. Pleasant.

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November 18, 1980

Opinion on whether a magistrate’s court or a municipal court would have jurisdiction to issue an arrest warrant as to an offense which occurs outside the limits of a municipality.

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

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November 17, 1980

Opinion on telephone meetings of Mining Council.

Requested by Mr. F.G. Scurry, Director, Division of Mining and Reclamation, S.C. Land Resources Commission.

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November 14, 1980

Opinion on when the person who was elected to the office of sheriff for Darlington County in the 1980 general election may enter that office.

Requested by C. Gordon McBride, Esquire, County Attorney, County of Darlington.

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November 14, 1980

Opinion on procedure to propose an ordinance by initiative and referendum (Sections 5-17-10 to 5-17-30, Code of Laws of South Carolina, 1976, as amended).

Requested by Walter Bedingfield, Esquire, Blatt & Fales, Barnwell.

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November 14, 1980

Opinion on annual leave and sick leave records.

Requested by Mr. Steve K. Good, Director, Administrative Services, South Carolina Judicial Department.

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November 14, 1980

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

Requested by E. P. Riley, Esquire, Riley & Riley, Greenville.

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November 14, 1980

Opinion on South Carolina Residential Home Builders Commission’s authority to enforce Act No. 156 of 1979, the South Carolina Building Energy Efficiency Standard Act.

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

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November 14, 1980

Opinion on license requirements by the South Carolina Board of Chiropractic Examiners (§ 40-9-40, Code of Laws of South Carolina, 1976 (as amended)).

Requested by Edward L. Sessions, D.C., Chairman, South Carolina Board of Chiropractic Examiners.

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November 12, 1980

Opinion on legality of transfer of funds generated by State employees to an entity over which the State has no control.

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

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November 12, 1980

Opinion on Florence City Council’s authority to rezone an individual’s land.

Requested by James R. Bell, Esquire, City Attorney, City of Florence.

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November 7, 1980

Opinion on the authority of a volunteer fire department at a fire scene in a situation where their presence was not requested.

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

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November 6, 1980

Opinion on review of a contract between the Educator Improvement Task Force (Task Force) and the National Evaluation Systems, Inc. for test development.

Requested by Dr. William E. Chaiken, Chairman, South Carolina Educator Improvement Task Force.

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November 5, 1980

Opinion on money market funds.

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

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November 3, 1980

Opinion on voter eligibility (Rule 32 of the Federal Rules of Civil Procedure).

Requested by The Honorable John Jenrette, Member, U.S. House of Representatives.

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November 3, 1980

Opinion on the Drug Formulary Advisory Committee.

Requested by Mr. H. Parker Evatt, Second Vice-Chairman, Medical, Military, Public and Municipal Affairs Committee, South Carolina House of Representatives.

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October 31, 1980

Opinion on marriage and divorce; real property; inheritance, discrimination.

Requested by The Honorable Heyward McDonald, Chairman of the Joint Committee to Study the Probate Code.

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October 31, 1980

Opinion concerning two quitclaim deeds executed in 1969 as settlement of the case of State v. East Cherry Grove Realty.

Requested by James B. Carraway, Esquire, Columbia.

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October 30, 1980

Opinion on the meaning of Sections 23-9-30 and 23-9-70, Code of Laws of South Carolina, 1976, as amended.

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

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October 29, 1980

Opinion on the Department of Youth Services’ eligibility to receive funds pursuant to § 59-20-40(2), Code of Laws of South Carolina, 1976, as amended.

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

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October 28, 1980

Opinion on arrest, juvenile delinquency.

Requested by The Honorable Stephen S. Bartlett, Assistant Solicitor, Thirteenth Judicial Circuit.

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October 28, 1980

Opinion concerning the proper role of a member of the Florence County Council who is employed by an insurance company bidding upon a county group insurance program (Section 4-9-180, Code of Laws of South Carolina, 1976, as amended).

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

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October 28, 1980

Opinion on whether a recent annexation to the City of Charleston has resulted in a change in the composition of House Districts 115 and 119.

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

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October 28, 1980

Opinion on official who resigned after the general election had passed and the Governor’s authority to fill the vacancy.

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

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October 28, 1980

Opinion on whether businesses engaged in buying gold and other precious metals are operating in violation of this State’s blue laws’ if they engage in such a practice on Sunday.

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

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October 27, 1980

Opinion on public employment of aliens.

Requested by The Honorable John D. Bradley, III, Member, South Carolina House of Representatives.

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October 27, 1980

Opinion on request for personnel records.

Requested by Peter D. Hyman, Esquire, Hyman, Morgan, Brown, Jeffords & Rushton, Florence.

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October 27, 1980

Opinion on auditing of municipal records (Section 5-7-240, Code of Laws of South Carolina, 1976 (Cum.Supp.)).

Requested by William P. Greene, Jr., Esquire, Attorney at Law, Abbeville.

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October 27, 1980

Opinion on whether a “Toughest Man Contest” constitutes as “prize fighting” (South Carolina Code Section 52-7-10 (1976); South Carolina Code Sections52-7-20, et seq. (1976)).

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

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October 27, 1980

Opinion on review of state statutes regarding if there is a requirement for advertisement of renewal of a lease.

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

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October 27, 1980

Opinion on Joint Appropriations Legislative Review Committee’s authority to approve the SC Department of Agriculture’s request for additional funding from “other funds” received by the Department (Section 5 of Act No. 651 of 1978, as amended by Act No. 199 of 1979).

Requested by Honorable Allen R. Carter, Chairman, Joint Appropriations Legislative Review Committee.

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October 24, 1980

Opinion on whether the Department of Youth Services can legitimately send school records to the different school systems within the State and related questions.

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

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October 24, 1980

Opinion on Section 8-21-1010(7) of the 1976 Code of Laws, as amended (magistrate court fees).

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

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October 22, 1980

Opinion on the sale of certain surplus property by the Richland-Lexington Technical Education Commission and the disposition of the proceeds of the sale.

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

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October 21, 1980

Opinion on dual office holding (whether a person may be a member of the Greenville County Recreation Commission, a member of the Belmont Fire District ,and a constable).

Requested by The Honorable Beattie E. Huff, Member, South Carolina House of Representatives.

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October 21, 1980

Opinion on whether a candidate must file a petition for candidacy with county and state election commissions (South Carolina Code of Laws, 1976, Section 7-11-70).

Requested by Mrs. Janet Palazzolo, Clerk, Hampton County Election Commission.

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October 21, 1980

Opinion on Act No. 480 of 1980 (authorizing municipal police to serve papers in claim and deliver actions and execute thereon, Section 14-25-55).

Requested by The Honorable William E. McLeod, Magistrate, Florence County.

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October 21, 1980

Opinion on whether a second, or run-off, election is necessary when four candidates receive a majority of the votes cast in an election to fill only three positions on the Board of Trustees for Greenwood School District No. 50.

Requested by Toni P. Ross, Administrative Secretary, Greenwood County Department of Education.

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October 21, 1980

Opinion on Greenville County Election Commission’s authority to refuse to register certain persons who do not have a valid SC driver’s license even though they can furnish other evidence of residency.

Requested by The Honorable Jeff R. Richardson, Jr., Member, South Carolina Senate.

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October 21, 1980

Opinion if the Freedom of Information Act would require the election commissions to release the names of persons who have requested an absentee ballot.

Requested by Mr. Charles T. Ferillo, Jr., Executive Director, Research and Personnel, South Carolina House of Representatives.

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October 20, 1980

Opinion on contract between the South Carolina Educator Improvement Task Force and the National Education Systems (NES).

Requested by Mr. George C. Leventis, Staff Counsel, Education and Public Works Committee.

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October 17, 1980

Opinion on Article VIII of the South Carolina Constitution regarding home rule legislation on power of the Colleton County Council to appoint members of the Colleton County Hospital Board of Trustees.

Requested by H. Wayne Unger, Jr., Esquire, Attorney at Law, Walterboro.

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October 17, 1980

Opinion on the procedure means by which members would be appointed to the governing commission of the Union Recreation District and to the Board of Trustees of the Union Hospital District.

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

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October 17, 1980

Opinion on portion of the proposed annexation bill (whether it creates a presumption of consent).

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

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October 17, 1980

Opinion on the method of electing members to the St. Andrews Public Service District Commission.

Requested by The Honorable John D. Bradley, III, Member, South Carolina House of Representatives.

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October 16, 1980

Opinion on Courts, Statutes, Family Court, Rules of Court.

Requested by Honorable David H. Maring, Chief, Judge, Family Court, Fifteenth Judicial Circuit.

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October 16, 1980

Opinion on whether the provisions of Section 14-7-1370, Code of Laws of South Carolina, 1976, may be construed as local legislation for Greenville County and may be amended by the Greenville County Council.

Requested by Ms. Susan G. Purdy, Research Analyst, Office of the Greenville County Attorney.

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October 16, 1980

Opinion on dual office holding (running for school trustee and appointed as magistrate).

Requested by The Honorable J. Christopher Pracht, Member, South Carolina House of Representatives.

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October 16, 1980

Opinion on Libraries, public information, names, blind persons.

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

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October 15, 1980

Opinion on whether the ‘Blue Ribbon Committee’ appointed by the Aiken County Board of Education to recommend attendance or zoning plans for Area 1 of the Aiken County School District 1 is a ‘public body’ subject to the Freedom of Information Act (§ 30-4-10, et seq. of the Code of Laws of South Carolina (1976), as amended).

Requested by William H. Burkhalter, Jr., Esquire, Garvin, Fox, Zier and Burkhalter, North Augusta.

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October 14, 1980

Opinion on whether any costs are to be charged by a clerk of court for the docketing of a civil appeal from magistrate’s court (Section 8-21-310, Code of Laws of South Carolina, 1976, as amended).

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

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October 14, 1980

Opinion on § 61-9-100, 1976 Code.

Requested by The Honorable Bernard G. Walker, Captain, Police Department, Mount Pleasant.

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October 14, 1980

Opinion concerning the fraudulent check statutes in South Carolina.

Requested by The Honorable Paul Gelegotis, Member, South Carolina House of Representatives.

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October 14, 1980

Opinion on involuntary removal of coverage from the Retirement System.

Requested by Dennis M. Compos, Jr., Spartanburg County Auditor.

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October 13, 1980

Opinion on whether an administrative violation could be written for a private club holding a sale and consumption license which was engaged in selling beer to a nonmember on a Sunday.

Requested by The Honorable Nicholas P. Sipe, Executive Director, South Carolina Alcoholic Beverage Control Commission.

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October 13, 1980

Opinion on whether South Carolina law prohibits an illegitimate child from recovering for the wrongful death of his father.

Requested by The Honorable Patsy S. Stone, Probate Judge.

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October 13, 1980

Opinion on method of filling vacancy on the Allendale County School Board (Act 233, Acts and Joint Resolutions of South Carolina, 1979).

Requested by The Honorable James B. Brandt, Member, South Carolina House of Representatives.

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October 10, 1980

Opinion on method to substitute a new candidate for election when existing member decides to withdraw candidacy.

Requested by The Honorable John W. Jenrette, Jr., Member, U.S. House of Representatives, Sixth District.

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October 9, 1980

Opinion on South Carolina Rail Services Plan.

Requested by Robert T. Bockman, General Counsel, S. C. Public Service Commission.

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October 9, 1980

Opinion on financial responsibility for hazardous waste management activities.

Requested by Mr. Paul V. Hawkins, Manager, Insurance Reserve Fund, Division of General Services.

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October 9, 1980

Opinion on enactment and promulgation of the South Carolina Armed Robbery Statute as amended in 1975.

Requested by Ms. Frieda Bernstein, President, Missouri Committee for Firearms Safety.

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October 9, 1980

Opinion on salary amount for Clarendon County Treasurer who is serving out the unexpired term of the now-deceased original office-holder.

Requested by Marion S. Riggs, Esquire, Clarendon County Attorney.

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October 8, 1980

Opinion about the use of certain funds by the School for the Deaf and Blind.

Requested by Mr. William R. Spencer, Director of Finance and Administration, South Carolina School for the Deaf and Blind.

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October 7, 1980

Opinion on retention points.

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

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October 7, 1980

Opinion on retirement age of highway patrolmen.

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

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October 7, 1980

Opinion on Section 59-67-120.

Requested by Colonel P. L. Meek, S. C. Highway Patrol.

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October 6, 1980

Opinion on review of Money Transfer Authorization Agreement.

Requested by The Honorable James H. Windham, Deputy State Treasurer.

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October 6, 1980

Opinion on the constitutionality of Code of Laws of South Carolina § 4-18-30 and whether someone other than the owner of a wrecker may be held criminally responsible for violating the provisions of an ordinance enacted by the Greenville County Council, pursuant to § 4-18-10, et seq.

Requested by Colonel Meek and Captain Wiggins, South Carolina Highway Patrol.

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October 6, 1980

Opinion on proper rate of subsistence to be paid to Interim and Standing Committees of the House and Senate (ninth proviso to Section 3 of the 1980-81 Appropriations Act, and Section 171(D) of the Act).

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

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October 6, 1980

Opinion on Act No. 501 of 1980.

Requested by P. L. Meek, Colonel, South Carolina Highway Patrol.

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October 3, 1980

Opinion on Business License—applicability to auctioneers.

Requested by The Honorable Edgar L. Powell, Mayor of Ridge Spring.

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October 3, 1980

Opinion concerning judicial disqualification.

Requested by The Honorable Raymond C. Eubanks, Jr., Judge, Spartanburg County.

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October 3, 1980

Opinion concerning payroll deductions for deposit with a credit union account by a school district.

Requested by James R. Thompson, Esquire, Saint-Amand, Thompson & Brown, Gaffney.

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October 3, 1980

Opinion on what date members recently elected to the Horry County Council can take office.

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

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October 3, 1980

Opinion on whether a section of a proposed bill contravenes Article VIII, § 15 of the South Carolina Constitution.

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

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October 2, 1980

Opinion on whether an annexation election can be held as part of general election (Section 5-3-70 Code of Laws, 1976).

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

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October 2, 1980

Opinion on Act No. 480 of 1980 (magistrate’s allotment of fines or penalties to town or county).

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

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October 1, 1980

Opinion on Section 56-5-1210 and 56-5-1230, Code of Laws of South Carolina, 1976.

Requested by The Honorable W. M. Lenoir, Magistrate, Sumter County.

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October 1, 1980

Opinion on procedure for issuing arrest warrant for fraudulent check violation (Section 34-11-70 of the 1976 Code of Laws).

Requested by The Honorable William E. McLeod, Magistrate, Florence County.

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September 30, 1980

Opinion on procedure for recording of leases of personal property.

Requested by The Honorable Donnie S. Tankersley, R.M.C., Greenville County.

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September 30, 1980

Opinion on the constitutionality of Sections 18-18 and 18-31 of the Florence City Code.

Requested by The Honorable Mordecal C. Johnson, Councilman District #1, City of Florence.

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September 30, 1980

Opinion on what names may be placed on the general election ballot.

Requested by Mr. James F. Hendrix, State Training Coordinator, State Election Commission.

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September 30, 1980

Opinion on property tax—classification of boat used as a residence as real or personal property.

Requested by Honorable Mary Ann Gray, Beaufort County Auditor.

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September 26, 1980

Opinion on gambling (§ 61-9-410(3) of the Code of Laws of South Carolina (1976), as amended))).

Requested by Mr. James H. Harrison, Legal Counsel, South Carolina Alcoholic Beverage Control Commission.

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September 25, 1980

Opinion as to the effect of consolidation of Dorchester County School Districts on employment contracts.

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

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September 25, 1980

Opinion on Accountability Act reporting requirements.

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

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September 25, 1980

Opinion on dual office holding (serves on Board of directors of the House Authority of Hartsville and on City Council of Hartsville).

Requested by J. Alex Stanton, IV, Esquire, Shand and Stanton, Hartsville.

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September 24, 1980

Opinion on election law (could a write in candidate be elected to office if he/she receives the most votes but has not filed notice of candidacy thirty days before the election).

Requested by Mr. Leroy Pendleton, Attorney at Law, Clover.

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September 24, 1980

Opinion on election law(casting vote and a write-in vote).

Requested by Mr. Charles M. Timmons, Chairman, Greenville County Election Commission.

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September 24, 1980

Opinion on whether CPA professional associations may form a partnership to practice public accounting.

Requested by Mr. R. Larry Kight, Director, South Carolina Board of Accountancy.

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September 24, 1980

Opinion on candidates’ certified names on election ballots.

Requested by Mr. James F. Hendrix, State Training Coordinator, State Election Commission.

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September 23, 1980

Opinion on where the authority lies regarding the hiring and firing of Deputy Sheriffs in Sumter County.

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

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September 23, 1980

Opinion on authority of State Court Administrator to request a county magistrate to submit their resignation to the Governor once he or she reaches the age of seventy-two years.

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

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September 23, 1980

Opinion on whether or not a law enforcement officer can sign an arrest warrant on behalf of another police officer that has made an arrest and has a person detained in jail.

Requested by Lieutenant C. C. Sendler, North Myrtle Beach Police Department.

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September 23, 1980

Opinion on conflict of interest; public officers; arrest.

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

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September 22, 1980

Opinion on whether individual members of the South Carolina Real Estate Commission should be notified of complaints against brokers in their congressional districts upon receipt by your office of such complaints.

Requested by Mr. Fred B. Beall, Commissioner, South Carolina Real Estate Commission.

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September 22, 1980

Opinion on whether the retirement or cancellation of certain common stock by a corporation requires the filing of an amendment to the corporation’s Articles of Incorporation.

Requested by Mr. John P. Stokes, Deputy Secretary of State.

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September 22, 1980

Opinion on Tuition Assistance Program.

Requested by Major General T. Eston Marchant, The Adjutant General, The National Guard.

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September 22, 1980

Opinion on property tax – refund of tax overpayments or the abatement of a penalty (Article VIII, Section 7; Article X, Section 6 of the South Carolina Constitution; Sections 12-47-410, 12-47-420, 12-45-190 and 4-9-30 of the 1976 Code of Laws).

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

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September 19, 1980

Opinion on powers of the Wade Hampton Water and Sewer District to enact regulations regarding high rise units constructed in that district.

Requested by Leo H. Hill, Esquire, Hill, Wyatt & Bannister, Greenville.

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September 19, 1980

Opinion on procedure to change name to be entered on the voter registration records.

Requested by Ms. Elease O. Boyd, Chairman, Richland County Board of Registration.

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September 18, 1980

Opinion on investment of school funds.

Requested by Mr. C. Walker Limehouse, Attorney for School District 5 of Orangeburg County.

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September 18, 1980

Opinion on expungement of records.

Requested by David W. Goldman, Esquire, Attorney at Law, Sumter.

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September 18, 1980

Opinion on statute of limitations for a fraudulent check charge.

Requested by The Honorable Wendell O. Adams, Magistrate, Walterboro.

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September 18, 1980

Opinion on ownership of televisions and television equipment for public schools and which division has authority to enforce the agreement (Educational Television Commission, Division of Instructional Television or public schools).

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

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September 16, 1980

Opinion on whether the Charleston County Council has the authority to lend general county funds to the Sea Island Comprehensive Health Care Organization.

Requested by Mr. Aaron A. Nettles, Jr., Vice Chairman, Charleston County Council.

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September 16, 1980

Opinion on review of proposed ordinance regarding the Colleton County Hospital Board of Trustees.

Requested by H. Wayne Unger, Jr., Esquire, McLeod, Fraser & Unger, Walterboro.

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September 16, 1980

Opinion on review of proposed ordinance regarding the Colleton County Hospital Board of Trustees.

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

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September 16, 1980

Opinion on provisions of public office vacancies and general election procedures (Section 5-7-200, Code of Laws of South Carolina, 1976).

Requested by James R. Bell, Esquire, Florence City Attorney.

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September 16, 1980

Opinion on whether the Marlboro County Council may pass a county ordinance prohibiting the sale of beer and wine in Marlboro County after 2:00 a.m. Monday through Friday.

Requested by The Honorable Jack Weatherly, Sheriff, Marlboro County.

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September 16, 1980

Opinion on whether it is necessary for the Tax Commission to promulgate a regulation to enforce a statutory provision that defines the net income of a savings and loan association.

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

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September 16, 1980

Opinion on magistrate’s authority regarding arrest warrants (Section 22-5-190, Code of Laws of South Carolina, 1976).

Requested by The Honorable Carrington Salley Baker, Judge, City of Florence Recorder’s Court.

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September 12, 1980

Opinion on allowances for purchase of certain items in construction contracts.

Requested by Mr. John A. McPherson, Jr., State Engineer.

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September 12, 1980

Opinion on the operation of home rule (Section 12-59-10, Code of Laws of South Carolina, 1976).

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

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September 12, 1980

Opinion on status of Chester County Hospital Board and the Chester County Council’s appointment power under Section 4-9-170, Code of Laws of South Carolina, 1976, as amended.

Requested by Gerald M. Finkel, Esquire, Chester County Hospital Attorney.

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September 12, 1980

Opinion on whether or not an individual who is 75 years old and trained in music may be utilized as a substitute teacher in the band programs of the three high schools in Kershaw County.

Requested by Carl R. Reasonover, Esquire, Camden.

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September 12, 1980

Opinion on Kingstree Housing and Economic Development Corporation.

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

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September 12, 1980

Opinion on reserve police officers.

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

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September 12, 1980

Opinion on issuing an arrest warrant regarding fraudulent check violation and enclosing prior opinions on the subject.

Requested by The Honorable Wendell O. Adams, Magistrate, Walterboro.

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September 11, 1980

Opinion on auxiliary aids for students at the University of South Carolina.

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

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September 11, 1980

Opinion on public employees, reductions in force, Comprehensive Employment and Training Act.

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

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September 11, 1980

Opinion on the authority of a deputy registrar to reissue defaced or lost certificates (South Carolina Code of Laws, 1976, Section 7-5-20).

Requested by Algernon G. Solomons, Jr., Hampton County Attorney.

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September 10, 1980

Opinion on statewide bibliographic network.

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

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September 10, 1980

Opinion on constitutionality of blood samples taken for blood/alcohol analysis from all drivers of motor vehicles involved in accidents in which a fatality occurs.

Requested by Mr. Lee M. Thomas, Director, Alcohol Subcommittee of the Governor’s Committee on Highway Safety.

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September 10, 1980

Opinion on what jurisdiction does § 14–21–510(A)(2), Code of Laws of South Carolina (1976), confer upon the family court and does the probate court have concurrent jurisdiction with the family court over the commitment of mentally retarded children.

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

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September 10, 1980

Opinion on whether golf carts may be legally driven on the public highways of this State and enclosing prior opinion on the same subject.

Requested by James R. Hill, Jr., General Counsel, Department of Mental Retardation.

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September 10, 1980

Opinion on use of department right of way.

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

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September 9, 1980

Opinion on property taxes—bulk transfers include taxes.

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

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September 8, 1980

Opinion on whether any person, company, or corporation acting as a Construction Manager is required to hold a South Carolina general contractor’s license.

Requested by The South Carolina Board of Architectural Examiners and The State Board of Engineering Examiners.

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September 8, 1980

Opinion on whether a law enforcement agency or its officers might be civilly liable for transporting a defendant to jail after that defendant had been placed under arrest by a private security guard or a private citizen.

Requested by Sheriff Frank Powell, Columbia.

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September 8, 1980

Opinion on whether state-supported university and colleges constitute state agencies or political subdivisions for the purposes of 23 U.S.C. § 402.

Requested by Mr. Lee M. Thomas, Director, Division of Public Safety Programs.

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September 8, 1980

Opinion on the status of the Grand Strand Water and Sewer Authority.

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

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September 5, 1980

Opinion on whether the College of Charleston must comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 when acquiring real property.

Requested by Ms. Monica R. Scott, Director of Planning, The College of Charleston.

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September 5, 1980

Opinion on whether ‘local’ officials or governing bodies have authority to order and compel an evacuation of all or part of the populace within their respective jurisdictions.

Requested by Director, South Carolina Disaster Preparedness Division.

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September 4, 1980

Opinion regarding liability of volunteer firemen using their own vehicles to go to a fire (accidentally runs into another vehicle or fireman’s car is parked illegally at scene of fire and someone runs into volunteer fireman’s car).

Requested by The Honorable M.E. McDonald, Member, South Carolina Senate.

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September 4, 1980

Opinion on an issue arising under the Education Finance Act (Finance Act), § 59-20-10, et seq., Code of Laws of South Carolina (1976), as amended.

Requested by Philip E. Wright, Esquire, Lancaster County Attorney.

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September 3, 1980

Opinion on how service can be made of an eviction notice on a tenant who has been committed to the State Hospital for an indefinite period of time (§ 27-37-20, Code of Laws of South Carolina, 1976).

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

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September 3, 1980

Opinion on licensing of Newberry County leased vehicles.

Requested by Gary T. Pope, Esquire, Newberry County Attorney.

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September 3, 1980

Opinion on several questions regarding the South Carolina Tax Commission’s proposed regulation 117-126.

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

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September 2,1980

Opinion on what visual or audible emergency equipment would be proper to be used on vehicles owned or operated by the South Carolina Emergency Preparedness Division (§§ 56–5–170, 56–5–760, 56–5–2360, 56–5–4700, 56–5–4970, Code of Laws of South Carolina (1976), as amended).

Requested by Director, South Carolina Emergency Preparedness Division.

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August 29, 1980

Opinion on whether the State Budget and Control Board may authorize the Comptroller General to deduct from State employee’s payrolls contributions to an organization of public charities known as ‘The Other Way’.

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

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August 29, 1980

Opinion on property tax—application for withholding of State funds to a county (Article I, Section 8 and Article V, Section 7 of the South Carolina Constitution and §§ 12-43-260 and 15-1-70 of the 1976 Code of Laws).

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

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August 29, 1980

Opinion on property tax—right of municipality to contract with a county to collect tax On motor vehicles (Section 10, Act 405, Acts of 1980).

Requested by George Hundley, Esquire, General Counsel, South Carolina Municipal Association.

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August 29, 1980

Opinion on whether court bailiffs should be the responsibility of and managed by the County Clerk of Court or the County Sheriff and related question.

Requested by Mr. G. F. Broom, Jr., Administrator for Lexington County.

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August 28, 1980

Opinion on whether the Education Finance Act gives taxing authority to the school districts or whether the districts may request an additional tax levy from other local authorities (Section 59-20-10 et seq. Code of Laws of South Carolina, 1976).

Requested by Robert P. Lusk, Esquire, Anderson County Attorney.

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August 28, 1980

Opinion on dual office holding (regional school bus driver training instructor may be appointed to serve as a member of the Berkeley County Board of Education).

Requested by Dr. Henry Bonner, Superintendent, Berkeley County Schools.

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August 27, 1980

Opinion on who (political party or chairman of party) has responsibility of determining if sufficient time exists to hold a primary to fill the clerk of court in Richland County when the candidate has withdrawn from the race.

Requested by Mr. C. Heyward Belser, Attorney at Law, Columbia.

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August 25, 1980

Opinion on residency requirements to serve on the Public Service Commission.

Requested by The Honorable Earl M. Middlecton, Member, South Carolina House of Representatives.

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August 22, 1980

Opinion on whether a person employed by various South Carolina school districts as a consultant on financial and attendance matters may be considered an ‘employee’ for purposes of eligibility for membership in the South Carolina Retirement System.

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

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August 21, 1980

Opinion on FOIA request regarding disclosure of information in personnel files of teachers in the possession of the South Carolina Department of Education.

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

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August 21, 1980

Opinion on whether the General Assembly could provide by statute a method of allotting electrical service in a newly annexed area either in conjunction with or superseding the consent of the governing body of the municipality.

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

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August 21, 1980

Opinion on petition to change the form of government for York County.

Requested by Mr. Melvin B. McKeown, Jr., Attorney at Law, York.

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August 21, 1980

Opinion on § 8 Part 1 of R585 of 1980.

Requested by The Honorable Daisy P. Porter, Judge of Probate, Saluda County.

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August 21, 1980

Opinion follow up to prior opinions regarding FOIA requests with respect to the disclosure of complaints, investigative reports and informants’ identity.

Requested by Ms. Deborah C. Westbrook, Assistant County Attorney for Greenville County.

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August 20, 1980

Opinion on road tax on motor carriers.

Requested by Thomas C. Dillard, Law Offices of Robert C. Lake, Jr., Whitmire.

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August 20, 1980

Opinion on the term of office for members of the Board of Trustees of Sumter School District No. Two.

Requested by Mr. Kenneth L. Childs, Thompson, Mann and Hutson, Columbia.

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August 20, 1980

Opinion on whether the Budget and Control Board has the authority to reverse the State Employee Grievance Committee’s decision.

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

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August 20, 1980

Opinion on whether vendors, contractors and other persons who are not considered employees can participate in the Deferred Compensation Program.

Requested by Mr. Purvis W. Collins, Chairman, Deferred Compensation Commission.

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August 20, 1980

Opinion on status of the Beaufort County Rural Recreation District.

Requested by Mr. Wesley E. Felix, Chairman, Beaufort County Recreation Commission.

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August 19, 1980

Opinion follow up to August 6, 1980 opinion regarding expense reimbursement (Section 4-9-100, SC Code of Laws, 1976, as amended).

Requested by Mr. Ed McElveen, Lee County Administrator.

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August 19, 1980

Opinion on review of Section 48-33-60 of SC Code of Laws, 1976, as amended.

Requested by Mr. Dolphus Medley, Cherokee County Administrator.

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August 19, 1980

Opinion on authority of a McCormick County Council member giving instructions directly to a county employee instead of dealing with the employee through the McCormick County Supervisor.

Requested by Frank Harrison, Esquire, McCormick County Attorney.

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August 18, 1980

Opinion on timeliness of a grievance appeal.

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

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August 18, 1980

Opinion on grievance appeals process when discrimination has not been alleged (Section 8-17-30, 1976 Code of Laws of South Carolina).

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

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August 18, 1980

Opinion on whether a person with a handicapped license tag or placard which has been issued pursuant to Code of Laws of South Carolina § 56-3-1960 is exempt from paying municipal, county or state parking fees or fines.

Requested by Mr. Emory P. Austin, Director, Motor Vehicle Division.

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August 18, 1980

Opinion on dual office holding (can a member of the House of Representatives also hold the position of Assistant Solicitor).

Requested by Mr. Charles Traynor Ferillo, Executive Director, Research and Personnel.

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August 18, 1980

Opinion on application of State insurance laws to benefit plans under the Employee Retirement Income Security Act.

Requested by Lucy L. McAmis, Esquire, Assistant General Counsel, Department of Insurance.

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August 18, 1980

Opinion on whether a motion for a new trial and notice to the State was timely filed.

Requested by Thomas F. McDow, Esquire, Rock Hill.

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August 18, 1980

Opinion on the constitutionality of Section 6, Act 518 of 1980 (Amendments to the Capital Improvement Bonds Act of 1977).

Requested by The Honorable T. Ed Garrison, Chairman, South Carolina Governor’s Advisory Council on Alcohol Fuels.

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August 15, 1980

Opinion on whether an applicant to become a private security guard can exercise the powers available to him pending registration by SLED (Chapter 17 of Title 40 of the South Carolina Code of Laws, (1976)).

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

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August 15, 1980

Opinion on jury trials in magistrate court.

Requested by Mr. John Patrick, Assistant Director, South Carolina Court Administration.

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August 14, 1980

Opinion on Public Service Commission election.

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

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August 14, 1980

Opinion concerning whether a Probate Judge may be appointed as a Master in Equity by the Governor or as a Special Referee by the Circuit Court.

Requested by Melvin B. McKeown, Jr., Esquire, Spratt, McKeown & Spratt, York.

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August 14, 1980

Opinion on the bid proposal of National Evaluation Systems, Inc.

Requested by Josef F. Stulac, II, Ph.D., Director, The South Carolina Educator Improvement Task Force.

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August 14, 1980

Opinion on whether the Election Commission has the responsibility to certify the election as of a certain date of House members (Article II, Section 9 of the South Carolina Constitution).

Requested by Mr. Charles Traynor Ferillo, Jr., Executive Director, South Carolina House of Representatives.

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August 13, 1980

Opinion on whether the Security Pacific Mortgage Corporation may sell its ability to service loans which have been purchased by the Housing Authority.

Requested by Peter R. Nuessle, Esquire, S. C. State Housing Authority.

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August 13, 1980

Opinion on application of Act No. 435 of 1980 to Psychiatrists-Employees of William S. Hall Psychiatric Institute.

Requested by Larry W. Propes, General Counsel, South Carolina Department of Mental Health.

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August 13, 1980

Opinion on whether the operation of raffles, lotteries, turkey shoots and similar fund raising efforts by charitable organizations fall in the same category as bingo games.

Requested by Reverend Leon E. Thompson, Minister, Midland Park United Methodist Church.

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August 13, 1980

Opinion on dual office holding (member of Jasper County Council who serves on the Jasper County Development Board).

Requested by Mr. R. Carter Smith, Executive Director, Jasper County Development Board.

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August 12, 1980

Opinion on the legality of a game called “liars poker” (South Carolina Code of Laws, 1976, Section 16-19-10, et seq.).

Requested by Mr. William Carter, Investigator, Columbia Police Department.

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August 12, 1980

Opinion on whether or not a hospital, after performing a blood alcohol test, is under an obligation to deliver a vial of the patient’s blood to various law enforcement agencies upon their request.

Requested by The Honorable Michael R. Daniel, Member, South Carolina House of Representatives.

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August 12, 1980

Opinion on Agricultural Loans under Act No. 326 of 1980.

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

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August 11, 1980

Opinion on whether the Governor can order the appointment of new surveyors to survey the boundary lines of the proposed annexation area in the Horses Neck section of Lexington County.

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

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August 11, 1980

Opinion on H. 3512, amendment on the provisions of § 12-27-380, gasoline tax (S. C. Code §§ 12-27-380; 4-9-30; 4-9-40; 57-17-80; 57-17-610).

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

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August 11, 1980

Opinion on alcohol abuse and highway safety.

Requested by Mr. Lee M. Thomas, Director, Alcohol Subcommittee of the Governor’s Committee on Highway.

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August 11, 1980

Opinion on the effect of R. 640 and H. 2727 on Section 55-11-320 of the South Carolina Code of Laws. Requested by Eugene F. Rogers, Esquire, Columbia. Read full opinion.

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August 8, 1980

Opinion on whether a member of the State Board of Education may sign a contract for liability insurance on the State’s school buses.

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

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August 6, 1980

Opinion on property tax – listing of real property in owner’s name.

Requested by Mr. Terry L. Ray, Barnwell County Tax Assessor.

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August 6, 1980

Opinion on salary of probate judge during their terms of office Section 8-21-760, Code of Laws, 1976 (Supp.).

Requested by The Honorable Shelton J. Parker, Probate Judge, Dorchester County.

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August 5, 1980

Opinion on county council chairman’s authority regarding filling Master-In-Equity vacancy.

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

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August 5, 1980

Opinion on school taxes – Treasurer’s responsibility to collect.

Requested by Deborah C. Westbrook, Assistant County Attorney, Greenville County.

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August 4, 1980

Opinion on public funds, public transportation.

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

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August 4, 1980

Opinion on Act No. 334 (destroy certain records, e.g. chattel mortgages).

Requested by The Honorable Mildred R. Harmon, Clerk of Court, Newberry.

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August 1, 1980

Opinion on town magistrate’s authority regarding sentencing defendants.

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

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July 31, 1980

Opinion on whether or not the Town of Ridgeland can exempt industries from property taxes or business license taxes for a certain period of time as an inducement to locate in Ridgeland.

Requested by Mr. Mark M. Williams, Town Administrator, Town of Ridgeland.

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July 31, 1980

Opinion on Department of Social Services Personnel Policy 210.1.

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

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July 31, 1980

Opinion on whether the South Carolina Board of Education’s regulation regarding that a L.P.N. may be employed as a school nurse, conflicts with the definition of licensed practical nursing in South Carolina.

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

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July 31, 1980

Opinion on whether the Dacusville-Cedar Rock Water Company of Pickens County is an ‘employer’ under § 9-1-10(5) for purposes of participating in the State Retirement System.

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

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July 30, 1980

Opinion on whether an associate judge may conduct a hearing when a probate judge has been disqualified (S. C. Code Ann. Section 14–23–1080 (1976)).

Requested by The Honorable Raymond C. Eubanks, Jr., Judge, Probate Court.

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July 30, 1980

Opinion on destruction of chattel mortgages (Act no. 722 of the 1954 Acts and Joint Resolutions; Sections 30-1-10 et seq., Codes of Laws of South Carolina, 1976, as amended).

Requested by The Honorable Costa M. Pleicones, County Attorney, Columbia.

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July 29, 1980

Opinion on constitutionality of Regulation 95-1(G) of the Rules of Practice for Optometry for the State of South Carolina.

Requested by President, South Carolina Board of Examiners in Optometry and Opticianary.

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July 29, 1980

Opinion on appointment powers of the Anderson County Legislative Delegation.

Requested by Mrs. Belinda Isom, Executive Secretary, Anderson County Legislative Delegation.

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July 29, 1980

Opinion on whether or not it is permissible for a candidate to spend his unexpended campaign contributions for other candidates or for his party.

Requested by The Honorable Robert C. Lake, Jr., Member, South Carolina Senate.

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July 28, 1980

Opinion on license fee on domestic insurance companies.

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

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July 28, 1980

Opinion whether the Allendale Town Council may exercise the duties of their offices in light of their late filing of statements required by the State Ethics Act.

Requested by Thomas O. Lawton, Jr. Esquire, Allendale.

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July 28, 1980

Opinion on whether a magistrate who reaches the mandatory retirement age and the status which he then occupies if his successor has not been appointed and qualified.

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

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July 28, 1980

Opinion on whether § 42-3-185 recently enacted by the General Assembly voids all policies and regulations implemented prior to the passage of this act.

Requested by The Honorable Harold E. Trask, Jr., Commissioner, South Carolina Industrial Commission.

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July 25, 1980

Opinion on term length of chairman of the Opportunity School.

Requested by Dr. Salvatore A. Fede, Director, Wil Lou Gray Opportunity School.

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July 25, 1980

Opinion on provisions of Section 7-11-70 and Section 7-11-210 on general elections.

Requested by The Honorable Claudia W. Howard, Georgetown County Judge of Probate.

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July 25, 1980

Opinion on Act No. 482 of 1980.

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

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July 25, 1980

Opinion on the status of the Office of the Superintendent of Education in Clarendon County.

Requested by Mr. R. Ferrell Cothran, Jr., Cothran & Cothran, Attorneys at Law, Manning.

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July 24, 1980

Opinion on dual office holding (serves as Assistant Solicitor who is also a City Recorder).

Requested by Mr. William D. Byars, Administrator, Town of Blacksburg.

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July 24, 1980

Opinion on dual office holding (serves as a school district trustee who is also an elected member of the Lancaster County Board of Education).

Requested by The Honorable Don Rushing, Member, South Carolina Senate.

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July 24, 1980

Opinion on dual office holding (serves on the Spartanburg County Planning and Development Commission and is also mayor of a municipality in Spartanburg County).

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

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July 24, 1980

Opinion on dual office holding (positions on the Greenville City Election Commission and the Greenville County Library Board of Trustees).

Requested by Edward B. Latimer, Esquire, Assistant County Attorney, Greenville.

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July 24, 1980

Opinion on whether or not a City Recorder who issues a warrant is also required to conduct the preliminary hearing and related question.

Requested by Mr. Frank Sheely, Chief of Police, Conway Police Department.

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July 24, 1980

Opinion on the authority of the Pickens County Council to hire and fire the Pickens County Tax Assessor.

Requested by Felix L. Finley, Jr., Esquire, Pickens County Attorney.

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July 24, 1980

Opinion on the proper application of salary increases appropriated by the General Assembly for certain county officers, and related question.

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

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July 23, 1980

Opinion on the effect of a proviso in the 1980-81 General Appropriations Act upon the authority of the Dorchester County Council to reduce the salary of a part time assistant attendance supervisor.

Requested by James A. Bell, Esquire, Attorney at Law, St. George.

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July 23, 1980

Opinion on whether or not the McCormick County Ccouncil is authorized to issue tax anticipation notes without issuing general obligation bonds as security.

Requested by Frank Harrison, Esquire, McCormick County Attorney.

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July 23, 1980

Opinion on a Town or Municipality’s responsibilities for diet expenses of prisoners placed within the county jail when such prisoners are so placed by Town or Municipal law enforcement officers pending trial in the Circuit Court of General Sessions.

Requested by Ms. Betty M. Fialkowski, Clerk Treasurer, Town of Hardeeville.

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July 22, 1980

Opinion on Sections 13-7-140(A)(1) and (A)(3) of the South Carolina Radioactive Waste Transportation and Disposal Act.

Requested by Mr. Michael A. Mann, Chem-Nuclear Systems, Inc.

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July 22, 1980

Opinion on whether the County Council of Oconee County has the authority to levy taxes for Oconee County Schools.

Requested by Dr. Fred P. Hamilton, Superintendent of Education, School District of Oconee County.

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July 22, 1980

Opinion on the application of the time specifications for requesting a preliminary hearing pursuant to the recently enacted Act No. 393 of 1980.

Requested by Mr. John Patrick, Assistant Director, South Carolina Court Administration.

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July 22, 1980

Opinion on the legality of the South Carolina Commission on Alcohol and Drug Abuse’s proposed actions in requiring differing responses for persons applying for provisional drivers’ licenses under § 56-1-1310 et seq., Code of Laws of South Carolina (1976) as amended.

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

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July 22, 1980

Opinion on criminal law, State Agencies, motor vehicles.

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

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July 21, 1980

Opinion on eligibility to serve as a member on the James Island Park & Playground Commission.

Requested by Mr. Jimmy Green, James Island Parks & Playgrounds Commission.

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July 21, 1980

Opinion on whether the Capital View Fire District has the authority to negotiate a loan with the Farmers Home Administration.

Requested by The Honorable James E. Kinard, Jr., Member, South Carolina House of Representatives.

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July 18, 1980

Opinion on property tax exemption – disabled veteran.

Requested by Mr. Hoyt B. Hill, Jr. Director, Department of Veterans Affairs.

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July 18, 1980

Opinion on whether a candidate the General Assembly rejected for election to a vacancy on the Public Service Commission may be re-nominated by the Merit Selection Panel and resubmitted to the General Assembly.

Requested by B. O. Thomason, Jr., Chairman, S.C. Public Service Merit Selection Panel.

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July 17, 1980

Opinion on South Carolina State Housing Authority Construction Loan Notes, 1980 Series A.

Requested by The Honorable Grady L. Patterson, Jr., State Treasurer; Morgan Guaranty Trust Company of New York; and McNair, Glenn, Konduros, Corley, Singletary, Porter & Dibble, Columbia.

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July 17, 1980

Opinion on student loans and state employment (Section 59-111-50, 1976 Code of Laws of South Carolina).

Requested by Roger Washington, Esquire, Office of the Governor, State of South Carolina.

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July 16, 1980

Opinion on the procedure for determining the number of staff personnel to be employed in the County Legislative Delegation Office.

Requested by The Honorable Lois Eargle, Member, South Carolina House of Representatives.

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July 15, 1980

Opinion on the State’s Blue Laws (whether an automotive parts store could engage in business on Sundays).

Requested by Sheriff Ernest J. Harrington, Sheriff of Cherokee County.

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July 15, 1980

Opinion on whether or not a person who was convicted of a disqualifying crime and later had the conviction set aside pursuant to 18 USC § 5021(b) is entitled to register and vote.

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

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July 15, 1980

Opinion on whether a defeated candidate in a democratic primary can run as an independent or republican in the general election.

Requested by Mr. Pierce White, Jr., Attorney at Law, Saluda.

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July 14, 1980

Opinion on employment statutes for deputy sheriffs.

Requested by Melvin B. McKeown, Jr., Esquire, York County Attorney.

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July 11, 1980

Opinion on banks, and banking, insurance, interest, loans, statutes.

Requested by Mr. Everett H. Whitler, Director, Consumer Finance Division, Corporate Board of Financial Institutions.

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July 11, 1980

Opinion on whether the required special election to fill the vacancy can be held concurrently with the general election or if a special election must be held prior to the general election (Section 4-9-90 of the South Carolina Code of Laws, 1976).

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

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July 11, 1980

Opinion on whether written approval of the State Board of Education’ is necessary prior to reassignment or disposal of lands purchased by school trustees with any state funds under certain conditions (Section 59-19-190, Code of Laws of South Carolina, 1976).

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

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July 11, 1980

Opinion on extension of time of an election date for the City of Mauldin.

Requested by Mr. John P. Mann, Thompson, Mann and Hutson, Greenville.

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July 10, 1980

Opinion on Freedom of Information Act City Council—City of Hanahan.

Requested by Theodore B. Guerard, Esquire, Attorney at Law, Charleston.

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July 8, 1980

Opinion on appropriate fees to be charged by a magistrate for handling a landlord-tenant action.

Requested by Mr. John Patrick, Assistant Director, South Carolina Court Administration.

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July 8, 1980

Opinion on driver’s license – classified special restricted.

Requested by Lt. F. D. McCarty, Highway Patrol.

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July 7, 1980

Opinion on the availability under the Freedom of Information Act of details and discussions originated in a valid closed session.

Requested by Mr. G. Robert George, Chairman, James Island Public Service Commission.

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July 3, 1980

Opinion on dual office holding (Supervisor of the Chester County Hospital X-Ray Dept. and serve on the Chester County Council).

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

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July 3, 1980

Opinion on whether the Orangeburg County Administrator has authority to discharge a county rabies control officer appointed by the County Health Department (Home rule Laws Sections 4-9-10 et seq. and Section 47-5-40).

Requested by J. Y. White, M.D., Member, Orangeburg County Board of Health.

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July 2, 1980

Opinion on allocation of income received in the form of dividends.

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

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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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