1980 Opinions

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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July 2, 1980

Opinion on juvenile delinquency; records.

Requested by G. W. Hamby, Lt., SLED.

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July 2, 1980

Opinion on whether the State Employee Grievance Committee-has jurisdiction over a grievance appeal.

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

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July 1, 1980

Opinion on judicial vacancies.

Requested by The Honorable L. Marion Gressette, Member, South Carolina Senate.

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June 30, 1980

Opinion on courts; vital statistics.

Requested by Jacquelyn S. Dickman, Staff Counsel, South Carolina Department of Health and Environmental Control.

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June 30, 1980

Opinion on authority of Governor to make interim magistrate appointments.

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

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June 30, 1980

Opinion on the adoption of the National Fire Prevention Code.

Requested by Mr. Dennis L. Gilstrap, Chairman, Greenville County Fire Districts, Commissioners Association.

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June 30, 1980

Opinion on whether a child of a veteran previously approved for free tuition, based upon a rating of the veteran as permanently and totally disabled by an agency other than the VA, can continue to receive this benefit if the student transfers to another state institution.

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

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June 27, 1980

Opinion on authority of the Greenwood Metropolitan Commission to enlarge their district under §§ 2A and 2B of Act No. 441 of 1959 as amended by Act No. 1028 of 1960.

Requested by Mr. Johnson Craig, Chairman, Greenwood Metropolitan Commission.

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June 27, 1980

Opinion on Joint Resolution, R632, H3874.

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

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June 27, 1980

Opinion on trustee for multifamily construction loan program.

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

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June 26, 1980

Opinion on drugs; pharmacy and pharmacist; physicians and surgeons; medical practitioners, limited; dentist and dentistry; hospital.

Requested by Thomas D. Wyatt, Jr., Chief, Bureau of Drug Control, S.C. Department of Health & Environmental Control.

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June 26, 1980

Opinion on whether the Allendale County Board of Education may convey real property to the Western Carolina Higher Education Commission.

Requested by Mr. Carl A. Clayton, Dean, USC-Salkehatchie.

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June 26, 1980

Opinion on dual office holding (elected member of county council may be hired as a state employee for pay).

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

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June 26, 1980

Opinion follow up to June 17th opinion regarding change in good conduct statute.

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

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June 26, 1980

Opinion on Employee Grievance Appeals.

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

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June 26, 1980

Opinion on dual office holding (serves as chairman of the Dorchester County Water Authority and also a director of the Old Fort Fire District).

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

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June 25, 1980

Opinion on whether John de la Howe School may change the tuition policy of the school.

Requested by Mr. George H. Young, Jr., Business Manager, and Mr. John C. Shiflet, Superintendent, John de la Howe School.

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June 25, 1980

Opinion on whether a conflict of interest exists concerning the town judge’s multiple businesses.

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

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June 25, 1980

Opinion on procedure for levying taxes for the Allendale County Board of Education.

Requested by Dr. Ronald L. Hubright, Superintendent, Allendale County Schools.

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June 25, 1980

Opinion on claim and delivery of a buck stove.

Requested by The Honorable Jack S. Gerrard, Magistrate, Anderson County.

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June 25, 1980

Opinion on dual office holding (serve as chief of police and as a member of a county medical examiner commission).

Requested by Mr. Archie D. Willis, Charleston.

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June 24, 1980

Opinion on county funds – revenue for use of landfill held without appropriation.

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

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June 24, 1980

Opinion on procedures to notify coroner upon the discovery of a dead body.

Requested by The Honorable L. M. Sauls, III, Coroner Jasper County.

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June 24, 1980

Opinion on the constitutionality of Act No. 502 of 1961 [52 STAT. 929 (1961)].

Requested by Steven H. Knight, Esquire, Attorney at Law, Charleston.

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June 24, 1980

Opinion on construction bond accounts used for maintenance purposes in several school districts in Anderson County.

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

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June 24, 1980

Opinion on whether the Alcoholic Beverage Control Commission can waive § 61-9-30 of the Code of Laws of South Carolina (1976), as amended, and authorize beer and wine wholesalers to sell on credit to holders of retail licenses which are government accounts.

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

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June 24, 1980

Opinion on Habitual Offender Law.

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

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June 24, 1980

Opinion on dual office holding (serve as mill/state constable and serves on the Board of Trustees of Spartanburg General Hospital).

Requested by Mr. Hubert Johnson, Spartanburg.

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June 23, 1980

Opinion on proposed Aiken County ordinance (prohibit or regulate a music amphitheater to conduct rock festivals and other similar activities).

Requested by C. Wesley Smith, Esquire, Attorney at Law, Aiken.

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June 23, 1980

Opinion on whether an unopposed candidate for party nomination must file contribution disclosure material within thirty days after the primary election (§ 8-13-620, Code of Laws of South Carolina).

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

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June 23, 1980

Opinion on dual office holding (employed as a school nurse and be appointed to membership on the local board of social services).

Requested by The Honorable Virginia L. Crocker, Member, South Carolina House of Representatives.

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June 20, 1980

Opinion on whether or not a person convicted of violating the bad check law could be disenfranchised for obtaining goods or money under false pretenses.

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

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June 20, 1980

Opinion on alleged violation of the Lexington County Solid Waste Ordinance and a Deputy Sheriff’s authority to issue a ticket.

Requested by T. H. Rawl, Jr., Esquire, Rawl, Pucell & Harman, Lexington.

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June 20, 1980

Opinion on whether the College of Charleston may supplement the cost of dormitory operation with tuition fees.

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

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June 19, 1980

Opinion on Act No. 164 of 1979 (61 Stat. 311 (1979))regarding fees charged by clerks of court and registers of mesne conveyances (Section 8-21-310, Code of Laws of South Carolina, 1976, as amended).

Requested by W. Edward Mullineaux, Esquire, Staff Attorney, S. C. Court Administration.

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June 19, 1980

Opinion on status of the Dorchester County Library and whether it is an ‘employer’ within the meaning of South Carolina Code of Laws, § 9-1-10(5).

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

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June 18, 1980

Opinion on authority of the Department of Highway & Public Transportation to hire a lobbyist.

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

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June 18, 1980

Opinion on awarding contract to a bidder other than the lowest qualified bidder.

Requested by H. R. Caughman, Jr., Deputy State Highway Engineer, S. C. Department of Highways and Public Transportation.

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June 18, 1980

Opinion on whether or not a city council is authorized to make an appointment to office upon the failure of the mayor to do so.

Requested by David C. Norton, Esquire, Isle of Palms City Attorney.

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June 18, 1980

Opinion on whether or not an individual who is not an attorney may serve in the office of Solicitor of the judicial circuits of the State of South Carolina.

Requested by Ms. Zilla Hinton, Commissioner, State Election Commission.

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June 18, 1980

Opinion on whether the Charleston County Community Development Department (Department) can be exempted from the ordinance and public hearing requirements of Sections 4-9-120 and 4-9-130(6), Code of Laws of South Carolina, 1976, as amended.

Requested by C. J. Manos, Esquire, Charleston Assistant County Attorney.

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June 18, 1980

Opinion on the constitutionality of a 1980 act of the General Assembly regarding trapping of furbearing animals and for the exemption of three State agencies’ regulations from certain requirements of the Administrative Procedures Act.

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

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June 18, 1980

Opinion on the constitutionality of a 1980 act of the General Assembly which amends the powers of the Greenville Airport Commission.

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

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June 17, 1980

Opinion on licensing and inspecting of child day care facilities (Chapter 35 of Title 43, Code of Laws of South Carolina (1976), as amended).

Requested by Vinton D. Lide, General Counsel, South Carolina Department of Social Services.

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June 17, 1980

Opinion on the authority of the Greenville County Council to adopt the National Fire Prevention Code in its entirety.

Requested by Mr. Dennis L. Gilstrap, Chairman, Greenville County Fire Districts Commissioners Association.

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June 17, 1980

Opinion on whether or not there has been any change in the laws with respect to good conduct credit where a prisoner has a sentence of thirty (30) days or less.

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

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June 17, 1980

Opinion on whether the mayor or the council in the council form of municipal government has authority to appoint the members of the Conway Housing Authority.

Requested by O. Terry Beverly, Esquire, Conway City Attorney.

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June 16, 1980

Opinion on admissibility of Alcoholic Beverage Control agent’s testimony in an administrative hearing before the Commission.

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

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June 16, 1980

Opinion concerning issuance of a marriage license of adoptive siblings (§ 20-1-10, Code of Laws of South Carolina, 1976).

Requested by C. Marshall Cain, Lybrand, Rich, Cain, Simons & Maxwell, Aiken.

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June 16, 1980

Opinion on “extra allowance” for salaried official (Section 4-11-170, Code of Laws of South Carolina, 1976, as amended).

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

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June 13, 1980

Opinion on whether Sheriff Department has authority to continue to pay one of the deputies who has been temporarily suspended upon having been indicted.

Requested by Sheriff Larry D. Smith, Spartanburg County Sheriff Department.

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June 13, 1980

Opinion on adjournment of the General Assembly within meaning of Article IV, Section 19, of the South Carolina Constitution.

Requested by The Honorable Rex L. Carter, South Carolina Speaker of the House.

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June 13, 1980

Opinion on S.C. Code, Section 23-23-50.

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

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June 13, 1980

Opinion on dual office holding (serves on town council and is a member of the South Carolina State Board of Funeral Service).

Requested by G. Larry Inabinet, Esquire, Brown, Jefferies & Boulware.

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June 12, 1980

Opinion on property tax-Homestead Exemption—amount where qualified person owns part of homestead in fee or for life.

Requested by Mr. Ernest W. Cooler, Assistant Comptroller General, Local Government Division.

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June 12, 1980

Opinion on property tax—Homestead Exemption for part ownership.

Requested by The Honorable Jeanette K. Hamm, Newberry County Auditor.

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June 12, 1980

Opinion on Greenville County Grievance Procedure.

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

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June 12, 1980

Opinion on whether Mid-American Farm’s ‘Sport Shake’ product may be lawfully sold after the July 1, 1980 implementation of Section 20 of Act No. 496 of 1978.

Requested by Mr. Dale Schaufelberger. General Manager, Mid-American Farms.

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June 12, 1980

Opinion on whether the City of Florence and the County of Florence have the authority to enact a joint ordinance modifying the provisions of Act No. 482 of 1973 [58 STAT. 836 (1973)].

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

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June 12, 1980

Opinion on criminal identification and investigation, courts, felons, identification, law enforcement, courts.

Requested by Lieutenant Carl B. Stokes, South Carolina Law Enforcement Division.

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June 12, 1980

Opinion on fee owner’s right to install subsurface encroachment on land which is occupied by SC Department of Highways and Public Transportation through easement.

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

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June 12, 1980

Opinion on education, colleges and universities, and student activities.

Requested by University Legal Counsel, University of South Carolina.

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June 11, 1980

Opinion on the constitutionality of an act regarding authority of the Dorchester Water and Sewer Authority to withdraw water from the Edisto River in Dorchester County.

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

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June 11, 1980

Opinion on bad check law (Sections 56-3-870 and Section 34-11-60).

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

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June 11, 1980

Opinion concerning authorized emergency vehicles.

Requested by Thomas E. Bright, Chief of Police, Town of Duncan.

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June 11, 1980

Opinion on whether the SCDOT may, pursuant to § 57-5-80, remove certain roads from its highway system which were initially brought into the system under the authority of Act 167 in 1945 and Act 827 of 1948.

Requested by Mr. E. S. Coffey, State Highway Engineer, S. C. Department of Highways and Public Transportation.

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June 11, 1980

Opinion on the constitutionality of an act of the 1980 General Assembly which repeals a 1950 special act relating to the issuance of building permits in Georgetown County.

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

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June 11, 1980

Opinion on legislation dealing with preliminary hearings and bond procedures.

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

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June 11, 1980

Opinion concerning the right of the U.S. Department of Agriculture to have access to the South Carolina Employment Security Commission’s data records.

Requested by Mr. W. D. Alexander, Office of Inspector General, U.S. Department of Agriculture.

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June 11, 1980

Opinion on public funding relative to privately owned air field facilities.

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

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June 11, 1980

Opinion on Property Tax—Exemption—property of charitable foundation leased to Lander College.

Requested by Mr. James L. Brodie, Supervisor-Reassessment, South Carolina Tax Commission.

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June 10, 1980

Opinion on dogs (Section 47-3-50).

Requested by Solicitor, Sixteenth Judicial Circuit.

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June 10, 1980

Opinion on Magistrates, Correctional Facilities, Sentencing.

Requested by The Honorable Raymond A. Holley, Aiken County Magistrate.

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June 10, 1980

Opinion on Section 5-31-620, Code of Laws of South Carolina, 1976, as amended, applies to the sale of the City of Goose Creek’s sewage system to the Berkeley County Water and Sewerage Authority.

Requested by Theodore B. Guerard, Esquire, Charleston.

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June 10, 1980

Opinion on the constitutionality of House Bill 3486 (R 549) which provides for the creation of the Fort Lawn Fire District in Chester County.

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

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June 10, 1980

Opinion on whether a court order should be issued to furnish a breathalyzer machine for use during a trial in magistrate’s court.

Requested by Mr. James K. Wilson, Chief Chemist, S.C. Law Enforcement Division.

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June 10, 1980

Opinion on landlord-tenant matters.

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

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June 6, 1980

Opinion on the constitutionality of the General Assembly amending a 1972 act, as amended, to provide for an increased tax millage for the North Charleston Sewer District for 1980-81.

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

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June 6, 1980

Opinion on the constitutionality of the General Assembly amending a 1973 act to provide for Charleston County’s share of the 1980-81 operating expenses of the Berkeley-Charleston-Dorchester Technical Education Center.

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

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June 6, 1980

Opinion on the constitutionality of Act No. 1602, as amended, relating to the operating expenses of certain political subdivisions, agencies and commissions in Charleston County.

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

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June 6, 1980

Opinion on the constitutionality of an act to provide for certain changes in dates and tax millage relating to the Charleston County Board of Assessment Control.

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

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June 6, 1980

Opinion on whether persons voting in a special primary election can also vote in the regular primary election (§ 7-3-1010 and § 7-13-1040, Code of Laws of South Carolina, 1976).

Requested by Netta Whisnant, Chairman, Florence County Voter Registration Board.

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June 5, 1980

Opinion on whether Florence County has a five year exemption from county property taxes for new manufacturing facilities and for improvements to existing ones and related questions.

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

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June 5, 1980

Opinion on property tax—Homestead Exemption—ratio for reimbursement.

Requested by Mr. Michael Horton, Assistant Director, Local Government Division, Comptroller General’s Office.

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June 5, 1980

Opinion on whether Florence County Council can increase the tax levy for a subdistrict.

Requested by Peter D. Hyman, Esquire, Florence.

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June 5, 1980

Opinion on whether an importer may import scotch Liquor for storage in a bonded warehouse until distribution to wholesalers within the state without the benefit of a wholesale license.

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

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June 5, 1980

Opinion on constitutionality of H2450 (Section 2(2), two provisos designating extensive areas in Horry County and in Charleston County as ‘county fairs’).

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

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June 5, 1980

Opinion concerning the proposed Dacusville Area Fire Protection District in Pickens County.

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

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June 5, 1980

Opinion on status of a grievance appeal and attaching a May 28, 1980 opinion.

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

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June 4, 1980

Opinion on whether regular tobacco barns and bulk or portable tobacco barns subject to ad valorem taxation (Sections 12–37–10(1), 12–37–210, 12–37–220, and 12–35–550(17).

Requested by The Honorable Lester R. Waddell, Florence County Auditor.

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June 4, 1980

Opinion on whether accrued leave of a part time employee of a legislature can be transferred to a permanent position to be funded at the beginning of the fiscal year (Section 8-11-260(1), 1976 Code of Laws of South Carolina).

Requested by The Honorable John Lindsay, Member, South Carolina Senate.

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June 4, 1980

Opinion on the legal status of the Belvedere Water and Sewer District and whether it is a special purpose district.

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

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June 4, 1980

Opinion on the constitutionality of House Bill 3176.

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

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June 2, 1980

Opinion on dual office holding (office of State Fleet Manager and hold a state-wide constable’s commission).

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

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May 30, 1980

Opinion on State Board of Juvenile Placement and Aftercare’s authority to either conditionally or unconditionally release (parole) a juvenile per Section 24-15-510, South Carolina Code of Laws, 1976.

Requested by Mr. Michael G. Lefever, Deputy Director, Department of Juvenile Placement and Aftercare.

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May 29, 1980

Opinion on whether or not a bill bearing House Number 3869 would comply with the requirements of In Re: Aiken County Board of Education v. Knotts, Opinion No. 21112, filed January 9, 1980.

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

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May 29, 1980

Opinion on Income Tax-Exempt Status of a Corporation Which is Wholly-Owned by a Qualified Employee Trust.

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

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May 29, 1980

Opinion on arrests of juveniles.

Requested by Officer John Johnson, Honea Path Police Department.

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May 28, 1980

Opinion on who should exercise the power of appointment of members to the Beaufort County Development Commission (Act No. 861 of 1960).

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

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May 28, 1980

Opinion on Family Court’s jurisdiction to try cases under the Compulsory School Attendance law (§ 59-65-10, et seq. of the Code of Laws of South Carolina (1976), and the amendments.

Requested by The Honorable LeRoy M. Want, Judge, Family Court, Fourth Judicial Circuit.

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May 28, 1980

Opinion on dual office holding (magistrate’s involvement in a private law practice or other business upon classification as a full time magistrate).

Requested by T. H. Rawl, Jr., Esquire, Rawl, Purcell & Harman.

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May 28, 1980

Opinion on The State employee Grievance Procedures Act.

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

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May 27, 1980

Opinion on whether the State Housing Authority can accept proposals received after the time limit requirements.

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

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May 27, 1980

Opinion on whether law enforcement officials stationed at Myrtle Beach Air Force Base are entitled to have access to information pertaining to the disposition of criminal cases heard in the Municipal Court of the City of Myrtle Beach.

Requested by Major Edwin C. Schilling, III, USAF, Staff Judge Advocate, Myrtle Beach AFB.

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May 27, 1980

Opinion on whether certain beneficial treatment which is given to annual leave during the calendar year in which the employee retires may be had when the employee does not qualify for immediate retirement benefits upon his/her leaving employment (§ 8-11-620).

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

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May 26, 1980

Opinion on improper classification of land as agricultural for property taxes.

Requested by Mr. W. David Bell, Lexington County Assessor.

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May 26, 1980

Opinion on procedure for refilling a position for candidates following the finding of ineligibility of a candidate due to failure to comply with the State Ethics Act. South Carolina Code of Laws, 1976, Section 7-13-40.

Requested by The Honorable Patrick B. Harris, Member, South Carolina House of Representatives.

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May 23, 1980

Opinion on House Bill 3902 (R-508).

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

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May 23, 1980

Opinion on Act 187 of 1979, certification of teachers in South Carolina and related questions on the term “teachers.”

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

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May 23, 1980

Opinion on absentee voting in a primary election.

Requested by The Honorable Zilla Hinton, Member, State Election Commission.

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May 23, 1980

Opinion on whether or not the Clarendon Hospital District has taxing powers in its own right or whether it would be dependent upon the County of Clarendon for appropriations.

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

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May 23, 1980

Opinion on whether a magistrate must indicate on a bench warrant issued by him as to a defendant tried in his absence whether a sentence of imprisonment that he has imposed as to that defendant is to run concurrently or consecutively.

Requested by Mr. Ray J. Norton, Investigative Major, Lexington County Sheriff’s Department.

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May 22, 1980

Opinion on Section 9-5-30(2), South Carolina Code of Laws relating to Murrell’s Inlet-Garden City Fire District.

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

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May 22, 1980

Opinion on transferring title of an ambulance and an intensive care rescue vehicle from a medical clinic to a rescue squad.

Requested by The Honorable James W. Graves, Member, South Carolina House of Representatives.

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May 22, 1980

Opinion on whether a town that has no municipal ordinances concerning offenses of public intoxication or indecent exposure can bring a case pursuant to State statutes prohibiting such offenses (Section 17-13-40, Code of Laws of South Carolina, 1976).

Requested by the Honorable Daniel W. Gensamer, Mayor, Town of South Congaree.

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May 22, 1980

Opinion on the constitutionality of House Bill 3683 (R-503 – increase the membership of the governing commission of the Hilton Head Public Medical Clinic District from five to six).

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

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May 22, 1980

Opinion on the effect and application of Section 22-5-180, Code of Laws of South Carolina, 1976 (no magistrate shall deputize the person swearing out a warrant in any case to serve it).

Requested by M. Eve Moredock, Staff Attorney, S. C. Court Administration.

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May 21, 1980

Opinion on handicapped parking provision (§ 56-3-1970) and police enforcement.

Requested by Chief Vernon L. Boatwright, West Columbia Police Department.

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May 21, 1980

Opinion on Homestead Exemption – nonqualification of leasehold estate.

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

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May 21, 1980

Opinion on proper procedure for signing off on a traffic summons and issuing a bench warrant when a defendant cannot be found.

Requested by Colonel W. J. Seaborn, South Carolina Highway Patrol.

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May 20, 1980

Opinion on effect of House Bill 3529 upon the Dairy Commission and related question.

Requested by Mr. Charles A. Shaw, Director, State Dairy Commission of South Carolina.

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May 20, 1980

Opinion on a proposed Greenville County Ordinance as authorized by Code of Laws of South Carolina §§ 4-18-10 et seq.

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

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May 20, 1980

Opinion on whether a senator is entitled to receive information pertaining to the number of Senate pages assigned to each Senator and to the Lieutenant Governor.

Requested by The Honorable Gilbert E. McMillan, Member, South Carolina Senate.

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May 19, 1980

Opinion on whether a meeting has to be open to the public.

Requested by The Honorable Robert L. McFadden, Chairman, Judiciary Committee, South Carolina House of Representatives.

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May 19, 1980

Opinion on the applicability of the Family Educational Rights and Privacy Act (the Act, 20 USCA § 1232G) to certain records requested of the University of South Carolina at Spartanburg.

Requested by Paul Jerald Ward, University Legal Counsel, University of South Carolina.

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May 16, 1980

Opinion on application of Act No. 146 of 1979, which provides for mandatory adjournment of the General Assembly not later than the first Thursday in June.

Requested by The Honorable John P. Gardner, Jr., Member, South Carolina House of Representatives.

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May 16, 1980

Opinion on disclosure of estate tax returns under Chapter 1 of Title 30.

Requested by Mr. William R. Geddings, Jr.MAD1#Director, Estate and Gift Tax Division. South Carolina Tax Commission.

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May 16, 1980

Opinion on House Bill 3237 (amendment of Section 12-7-2240 of the South Carolina Code of Laws, 1976) so as to prohibit the South Carolina Tax Commission from making refunds to persons who have defaulted on educational loans.

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

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May 16, 1980

Opinion on USC faculty reinstatement orders.

Requested by Paul Jerald Ward, Esquire, University Legal Counsel, University of South Carolina.

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May 15, 1980

Opinion on whether members of the SC National Guard or other U. S. Reserve components are entitled to receive full pay from their respective public employers while attending annual field training.

Requested by Mr. Fred P. Hamilton, Superintendent of Education and Chairman, Oconee County School Board of Trustees.

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May 15, 1980

Opinion on advertising by opticians.

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

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May 14, 1980

Opinion on the applicability of Miranda rights relating to a possible violation of the vehicle safety inspection laws (Code of Laws of South Carolina § 56-5-5310 (1976), et seq.).

Requested by Mr. W.H. Kay, Chief, Motor Vehicle Inspection, S. C. Dept. of Highways and Public Transportation.

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May 14, 1980

Opinion on whether a State constable is authorized to carry a weapon and have a blue light and siren on his vehicle. You also questioned a State constable’s power of arrest.

Requested by Chief Donald N. Chadwick, Cowpens Police Department.

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May 14, 1980

Opinion on whether a municipal police officer could serve a felony warrant on a defendant outside the municipal limits.

Requested by Chief Donald N. Chadwick, Cowpens Police Department.

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May 14, 1980

Opinion on the implementation of Section 2-17-70, Code of Laws, 1976.

Requested by Ms. Evelyn J. Bush, Columbia.

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May 14, 1980

Opinion on Veteran’s reemployment rights.

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

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May 13, 1980

Opinion on whether Richland County Council, empowered to manage and supervise the County Jail, has the authority to transfer the supervision and management of the County Jail to the Sheriff of Richland County.

Requested by Sheriff Frank Powell, Columbia.

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May 13, 1980

Opinion on State certification of military pararescuemen.

Requested by Ms. Carrie Hearne, Director, Horry County Ambulance Commission.

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May 13, 1980

Opinion on the proposed use of a voting machine to record absentee ballots as they are received.

Requested by Joseph S. Mendelsohn, Esquire, Charleston.

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May 13, 1980

Opinion on review of House Bill 3699 (concurrent resolution to provide for a meeting of the General Assembly in Charleston for a service of rededication to the ideals of America).

Requested by The Honorable John T. Wood, Member, South Carolina House of Representatives.

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May 13, 1980

Opinion on dual office holding (federal civil service employee and serve as city councilmen).

Requested by Mr. Joe B. Weaver, Summerville.

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May 12, 1980

Opinion on equality and uniformity of property tax on fire district (Article X, Section 6 and Section 12-43-220).

Requested by Sylvan L. Rosen, Esquire, Georgetown County Attorney.

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May 12, 1980

Opinion on taxability of contracts to sell realty or bonds for deed or title.

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

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May 12, 1980

Opinion on annual and sick leave benefits.

Requested by Mr. Thomas S. Linton, Code Commissioner and Director, Legislative Council of the General Assembly.

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May 12, 1980

Opinion on Greenville County ballot to change the form of county government.

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

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May 12, 1980

Opinion as to the period of time for the bond form for auctioneers would be effective.

Requested by Col. George P. Pechilis, Executive Director, South Carolina Auctioneers’ Commission.

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May 12, 1980

Opinion on whether an officer can issue a traffic summons at an accident based on his investigation of the accident.

Requested by Captain Charles E. Lloyd, North Charleston Police Department.

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May 12, 1980

Opinion on whether the Charleston County Substance Abuse Commission is outside the purview of the Charleston County Council’s appointment power (Section 4-9-170, Code of Laws of South Carolina, 1976, as amended).

Requested by Anne C. Osborne, Deputy County Attorney, Charleston.

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May 12, 1980

Opinion on whether or not a city council is authorized to prohibit the Mayor access to the city’s post office box.

Requested by The Honorable W. B. Bookhart, Jr., Mayor Town of Elloree.

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May 12, 1980

Opinion on the requirements of the State Safe Drinking Water Act (Section 44-55-10 et seq. of the 1976 Code of Laws of South Carolina, as amended) and the State Engineers and Land Surveyors Act (Section 40-21-10 et seq. of the 1976 Code, as amended).

Requested by Mr. R. Lewis Shaw, Director, Water Supply Division, S.C. Department of Health and Environmental Control.

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May 12, 1980

Opinion on deed recording procedures.

Requested by Mr. Robert N. King, Register Mesne Conveyance.

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May 8, 1980

Opinion on egg hatchery and whether inventory of eggs is taxable (Section 12-37-220(B)(13), South Carolina Code of Laws, 1976.

Requested by The Honorable Robert R. Able, Saluda County Auditor.

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May 8, 1980

Opinion on filing procedures for senate vacancy.

Requested by The Honorable Gilbert E. McMillan, Member, South Carolina Senate.

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May 8, 1980

Opinion on retirement system benefits.

Requested by The Honorable P. Bradley Morrah, Jr., Member, South Carolina Senate.

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May 7, 1980

Opinion on property tax, homestead exemption, applicable ratio.

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

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May 7, 1980

Opinion on retirement eligibility for SCARNG Retirement Pension.

Requested by William H. Shackelford Col., GS, SCARNG, Chief of Staff, Military Department, Office of the Adjutant General.

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May 6, 1980

Opinion on employer participation in the Police Officers Program and what conditions can the employer discontinue the coverage, freeze the service credit and place police officers under the regular employee retirement system (SCRS) for (Section 9-11-40(4), 1976 Code of Laws).

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

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May 5, 1980

Opinion on constitutionality to exempt the teaching faculty of state colleges and university from the coverage of the State Employee Grievance Procedures Act.

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

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May 5, 1980

Opinion concerning candidates for public office under the State Ethics Act (§§ 8-13-10 et seq., Code of Laws of South Carolina, 1976, as amended).

Requested by The Honorable Robert C. Lake, Jr., Chairman, Senate Ethics Committee.

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May 5, 1980

Opinion on the constitutionality of a proposed bill S 562-H 2680 to exempt teaching faculty of State institutions of higher learning from the provisions of the State Employee Grievance Procedures Act (Section 8-17-10, et seq., 1976, Code of Laws of South Carolina).

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

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May 2, 1980

Opinion on payments by check on monthly bills may be considered to be a check given in payment of a pre-existing debt and thus exempted from being considered as a fraudulent check (Section 34-11-60, Code of Laws of South Carolina 1976, as amended).

Requested by Mr. Henry Ray Wengrow, Judicial Coordinator, Criminal Justice Academy.

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May 1, 1980

Opinion on dual office holding (person served as a police officer and as a security officer for the South Carolina Department of Mental Health).

Requested by S. Jahue Moore, Esquire, West Columbia.

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May 1, 1980

Opinion on liability of sheriff’s department for entering onto private property in response to call from private security company who installed alarm system per contract with owner of private property.

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

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May 1, 1980

Opinion on Act 234 and pending House Bill 3726 (Act 234 provides for the election of the trustees for School District Five and House Bill 3726 provides for a County Board of Education in Anderson County).

Requested by Dr. W. B. Royster, Superintendent, Anderson School District No. 5.

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April 30, 1980

Opinion on whether a bank in South Carolina which holds shares of its own stock in a fiduciary capacity may vote such shares and related question.

Requested by Mr. Robert C. Cleveland, Commissioner of Banking.

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April 30, 1980

Opinion on whether or not an individual can be tried for a second DUI offense when the first offense has taken place in North Carolina.

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

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April 30, 1980

Opinion on review of Senate Bill No. S-674 (possible effect upon contracts routinely made by State agencies and institutions).

Requested by The Honorable Rembert C. Dennis, Chairman, Senate Finance Committee.

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April 29, 1980

Opinion on Department of Social Services expense reimbursement to volunteers on overnight trips.

Requested by Vinton D. Lide, General Counsel, S. C. Department of Social Services.

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April 29, 1980

Opinion on whether or not individuals who trespass into the beach homes of North Myrtle Beach residents may be charged with having committed an offense, when there was negligible damage to the premises.

Requested by The Honorable William M. Bruner, Recorder, City of North Myrtle Beach.

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April 28, 1980

Opinion on county officer convicted of a crime involving moral turpitude and Governor’s authority to order an election to fill the vacancy (Sections 7–13–1170 and 4–9–90 of the 1976 South Carolina Code of Laws).

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

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April 28, 1980

Opinion on whether a portion of the ‘Aid to Subdivisions’ appropriations going to Newberry County must be given to the county schools.

Requested by The Honorable John M. Rucker, Member, South Carolina House of Representatives.

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April 25, 1980

Opinion on tax exemption for property of a foundation held for future use.

Requested by the South Carolina Tax Commission.

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April 25, 1980

Opinion on whether the Probate Court should issue a marriage license to an adoptive brother and his sister.

Requested by The Honorable Marshall Cain, Member, South Carolina House of Representatives.

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April 25, 1980

Opinion on dual office holding (employed by the federal government as a Census Enumerator and run for the state senate).

Requested by Ryan C. Shealy, Esquire, Lexington.

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April 24, 1980

Opinion on whether a person obtaining a certificate of tile to a watercraft is the owner for ad valorem tax purposes (Chapter 23 of Title 50 and § 12–37–900 of the 1976 Code of Laws.).

Requested by The Honorable Patricia T. Antley, Richland County Auditor.

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April 24, 1980

Opinion on the constitutionality of House Bill 3777 (follow up to April 22, 1980 Opinion).

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

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April 24, 1980

Opinion on whether Spartanburg County Higher Education Commission members should continue to be appointed by the County Legislative delegation under Act No. 36, Acts and Joint Resolutions of South Carolina, 1967, which sets up the Commission.

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

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April 24, 1980

Opinion on review of certain sections of the Permanent Provisions of previous Appropriations Acts and the 1980-81 Appropriations Act.

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

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April 23, 1980

Opinion on the constitutionality of an act of the General Assembly which provides that individuals who willfully default on certain designated student loans cannot be employed by the State or any of its departments, agencies or subdivisions until such defaults are cured.

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

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April 23, 1980

Opinion on the repeal of the provisions of law relating to the Court of Appeals in the General Appropriations Act for the ensuing year (follow up to April 21, 1980 Opinion).

Requested by The Honorable Nancy Stevenson, Lieutenant Governor, State of South Carolina.

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April 23, 1980

Opinion on legality of Bingo being conducted at county recreation centers.

Requested by Mr. John W. Sellers, Director of Recreation, Irmo-Chapin Parks & Recreation Commission.

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April 23, 1980

Opinion on Section 14-7-810, Code of Laws of South Carolina, 1976 (individual convicted of manslaughter sentenced and served time could properly be a juror for a case in magistrate’s court).

Requested by The Honorable W. L. Fortner, Magistrate, Easley Township.

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April 23, 1980

Opinion on the legal responsibility of the principal of a corporation to report embezzlement to the authorities if the embezzler agrees to make restitution.

Requested by The Honorable James C. Anders, Solicitor, Fifth Judicial Circuit.

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April 22, 1980

Opinion on the constitutionality of an act of the General Assembly which creates the Old Jacksonborough Historic District. Requested by The Honorable Richard W. Riley, Governor, State of South Carolina. Read full opinion.  

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April 22, 1980

Opinion on the constitutionality of an act of the General Assembly which increases the membership of the Dillon County Development Board and provides for their selection and terms of office.

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

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April 22, 1980

Opinion on the constitutionality of an act of the General Assembly which creates the Old Jacksonborough Historic District in Colleton County.

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

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April 22, 1980

Opinion on constitutionality of House Bill 3777.

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

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April 22, 1980

Opinion on Administrative Law – South Carolina Manual of Use Values.

Requested by The Honorable Robert J. Sheheen, Member, South Carolina House of Representatives.

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April 22, 1980

Opinion on constitutionality of an act of the General Assembly which amends Section 50-3-10, Code of Laws of South Carolina, 1976, as amended.

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

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April 21, 1980

Opinion on whether an election for Commissioners of Public Works would require candidates to file a petition pursuant to South Carolina Code of Laws, 1976, as amended, Section 5-15-70 or Section 5-15-110.

Requested by Mr. John M. Horlbeck, Chairman, American Party of South Carolina.

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April 21, 1980

Opinion on whether the costs and expenses incurred in elections for the board of trustees of the Greenville County School District should be paid by the School District or Greenville County.

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

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April 21, 1980

Opinion on fees of probate court (follow up to March 21, 1980 Opinion).

Requested by William A. Little, Esquire, Law Offices of Dusenbury, Hendrix & Little, Myrtle Beach.

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April 21, 1980

Opinion on several questions regarding traffic offenses committed by juveniles.

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

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April 21, 1980

Opinion on whether county employees, who work in the offices of county officers, but whose offices are not housed within the courthouse, are disqualified or exempted from jury service based on South Carolina Code Section 14-7-820 or Section 14-7-850.

Requested by M. Eve Moredock, Staff Attorney, S. C. Court Administration.

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April 17, 1980

Opinion on whether the board of a constituent school district in Charleston County may renew the contract of a teacher whose brother now serves on that board.

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

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April 17, 1980

Opinion on notice of proceedings before the South Carolina Public Service Commission.

Requested by Mr. Irvin D. Parker, Consumer Advocate of South Carolina.

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April 17, 1980

Opinion on whether or not the City of Beaufort Treasurer is authorized to act as treasurer of the Board of Trustees of the Beaufort City Fireman’s Insurance and Inspection Fund.

Requested by James C. Sanders, Esquire, Beaufort City Attorney.

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April 17, 1980

Opinion on the term “home” within the context of § 6-7-830, Code of Laws, South Carolina, 1976, or § 44-17-10, et seq, or § 44-21-510, et seq.

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

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April 17, 1980

Opinion on amendment to Appropriations Bill (repeal the Court of Appeals).

Requested by The Honorable Rex L. Carter, Speaker, South Carolina House of Representatives.

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April 16, 1980

Opinion on whether a municipality may invest some of its funds in an out-of-state money market mutual fund corporation.

Requested by C. Walker Limehouse, Esquire, Attorney for the City of Orangeburg.

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April 16, 1980

Opinion on residency requirements for magisterial appointments.

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

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April 15, 1980

Opinion on notice required to precede a hearing held by the South Carolina Alcoholic Beverage Control Commission to determine whether an alcoholic beverage license should be refused, revoked or suspended.

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

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April 15, 1980

Opinion on financial compensation to members of the House of Representatives who have been elected to fill unexpired terms after a session of the House has begun.

Requested by The Honorable Lois T. Shealy, Clerk, South Carolina House of Representatives.

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April 14, 1980

Opinion on dual office holding (simultaneously holding position on the South Carolina Arts Commission and the Greenville County Museum Commission).

Requested by Mr. David Merline, Greenville.

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April 14, 1980

Opinion on business license tax on real estate agencies and contractors whose business consists of a ‘one-shot’ contract.

Requested by The Honorable T. Moffatt Burriss, Member, South Carolina House of Representatives.

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April 14, 1980

Opinion on whether a magistrate’s resignation is effective upon tender or must he continue to serve until his successor is appointed and related questions.

Requested by The Honorable Ray B. Edenfield, Chief Judge for Administrative Purposes, Allendale.

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April 14, 1980

Opinion on whether the South Carolina Industrial Commission has the authority under Section 42-17-80 or under Industrial Commission Rule 67-21 to impose hearing costs on the losing party.

Requested by The Honorable Harold Trask, Chairman, South Carolina Industrial Commission.

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April 11, 1980

Opinion on procedure to become candidates for election to the Allendale County Board of Education.

Requested by Walter H. Sanders, Jr., Esquire, Fairfax.

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April 11, 1980

Opinion on whether or not the Allendale County Council is authorized to appoint the members of the Allendale County Board of Registration (Section 4-9-170, Code of Laws of South Carolina, 1976, as amended).

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

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April 11, 1980

Opinion concerning DSS’s regulation of residential care facilities.

Requested by Mr. William V. Bradley, State Ombudsman, Office of the Governor, South Carolina.

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April 10, 1980

Opinion on whether an election must be held for the selection of a successor to complete a state legislature’s unexpired term which will be for approximately six months.

Requested by The Honorable James P. Fields, Jr., Clerk of the Senate.

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April 10, 1980

Opinion on whether a judge can change the bond that is set by another judge of a court of the same jurisdiction and other related questions.

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

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April 10, 1980

Opinion on Usury law on real estate mortgages (follow up to April 8, 1980 Opinion).

Requested by The Honorable Ron L. Cobb, Member, South Carolina House of Representatives.

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April 10, 1980

Opinion on attorney fees and costs and fees on expert or investigative services in a death penalty case.

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

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April 10, 1980

Opinion on the provisions of Section 4-9-50, Code of Laws of South Carolina, 1976, as amended.

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

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April 9, 1980

Opinion on Bingo.

Requested by Sheriff Robert H. Orr, Jr., Chester County.

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April 9, 1980

Opinion on review of proposed ordinance to abolish the office of Greenwood County Supervisor.

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

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April 8, 1980

Opinion on whether it is a violation of the statutes governing residential home construction for a builder, not licensed by the South Carolina Residential Home Builders Commission, to submit a bid to engage in residential construction.

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

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April 8, 1980

Opinion on commitment fees.

Requested by Hardwick Stuart, Jr., Esquire, Columbia.

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April 8, 1980

Opinion on procedures of the detention of a prisoner who has been arrested without a warrant.

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

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April 8, 1980

Opinion on Usury law on real estate mortgages.

Requested by The Honorable Ron L. Cobb, Member, South Carolina House of Representatives.

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April 7, 1980

Opinion on registration requirements for a resort developer (register with either the Board of Financial Institutions or the Department of Consumer Affairs).

Requested by D. Nathan Davis, Esquire, Columbia.

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April 7, 1980

Opinion on authority of the City of Conway to extend water service to areas beyond its corporate limits.

Requested by O. Terry Beverly, Esquire, Conway City Attorney.

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April 7, 1980

Opinion on applicability of Sections 6-11-410 et seq. to a special purpose district created pursuant to Sections 6-11-10 et seq., Code of Laws of South Carolina, 1976, as amended.

Requested by C. Wesley Smith, Esquire, Attorney at Law, Aiken.

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April 7, 1980

Opinion on residency requirements for Darlington County Council candidates (Act No. 874 of 1960 [51 STAT. 2016 (1960), Section 4-9-10(b), Code of Laws of South Carolina, 1976, as amended).

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

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April 7, 1980

Opinion on the applicable rate of interest for a floor planning arrangement involving such items as mobile homes, automobiles, or boats.

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

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April 7, 1980

Opinion on dual office holding (police officer running for public office).

Requested by Mr. James E. Singleton, Westminster Police Department.

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April 4, 1980

Opinion on South Carolina Bar annual compensation rates.

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

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April 3, 1980

Opinion on Blue-Cross and Blue-Shield of South Carolina v. South Carolina Industrial Commission.

Requested by The Honorable Harold Trask, Chairman, South Carolina Industrial Commission.

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April 3, 1980

Opinion as to whether Building Inspectors may be covered by the South Carolina Police Officers Retirement System.

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

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April 3, 1980

Opinion on guidelines for local grants in accordance with the Administrative Procedures Act.

Requested by Mr. Fred P. Brinkman, Executive Director, South Carolina Department of Parks, Recreation & Tourism.

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April 3, 1980

Opinion on review of the statutes involved in the Town of Pendleton-Sandy Springs Water District controversy.

Requested by G. Ross Anderson, Jr., Esquire, Pendleton Town Attorney.

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April 2, 1980

Opinion on whether a municipality of less than 5,000 persons has the authority to enter upon the premises of an owner and demolish a substandard dwelling without an application to the Civil Courts for approval of such action, assuming, of course, the ordinance requirements as to the taking of such action reorder due process are followed.

Requested by David H. Crum, Esquire, Attorney for the Town of Denmark.

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April 2, 1980

Opinion on whether it is legal/constitutional for a private hospital to buy property or malpractice insurance coverage from the State of South Carolina Sinking Fund.

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

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April 2, 1980

Opinion on status of municipal employees who are also National guardsmen.

Requested by Mike S. Jolly, Esquire, Union City Attorney.

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April 2, 1980

Opinion concerning the attempts of the Town of Arcadia Lakes to contract with a private security agency to provide services to the town.

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

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April 2, 1980

Opinion on whether it would be acceptable for grain refineries and alcohol distilleries to be included among those activities that qualify for inclusion in farm marketing centers.

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

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April 2, 1980

Opinion on whether a prior conviction of involuntary manslaughter would prohibit a person from serving as a police officer carrying a firearm in South Carolina.

Requested by G. William Thomason, Esquire, Callison, Dorn & Thomason, Greenwood.

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April 1, 1980

Opinion as to whether Building Inspectors may be covered by the South Carolina Police Officers Retirement System.

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

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April 1, 1980

Opinion on whether police squad cars may use red and blue lights as a means of warning the public when on an emergency call.

Requested by Mr. Charles Garrett, Director, Public Safety, City of Travelers Rest.

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April 1, 1980

Opinion on the Gasohol Development Loan Program.

Requested by Mr. William Prince, Special Assistant to the Governor.

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April 1, 1980

Opinion on the Family Court Acts secrecy provisions requirements (§ 56-5-2990 and § 56-5-3000).

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

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March 31, 1980

Opinion on dual office holding (elected county auditor may offer for election in the house of representatives).

Requested by Mr. Gerald W. Burnett, Deputy Comptroller, Office of the Comptroller General.

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March 28, 1980

Opinion on the handling of a recent election in the Town of Greeleyville, and the Election Commission for Greeleyville invalidated it.

Requested by Mr. LaNue Floyd, Attorney at Law, Kingstree.

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March 28, 1980

Opinion on dual office holding (employed as staff attorney of the State Housing Authority and offer for election to a county council).

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

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March 27, 1980

Opinion on property tax – delinquent tax collections.

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

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March 27, 1980

Opinion concerning the per diem payment to an alternate attending the meetings for the named member of a board, commission or committee and payment of expenses for an attendant for handicapped members attending the meetings.

Requested by Mr. James E. Truesdale, Jr., Office of the Governor, Office of Executive Policy and Programs.

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March 26, 1980

Opinion on interpretation of the Appropriations Act (Section 125).

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

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March 26, 1980

Opinion on definition of the 30 day deadline for a person who wants to offer for election for a house seat in a district in which the person does not live.

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

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March 26, 1980

Opinion as to the legal status of the Burton Fire District.

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

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March 26, 1980

Opinion on whether or not a municipality is authorized to charge different rates for water services to users outside the city limits from those charged to users within the city limits.

Requested by Honorable Caldwell T. Hinson, Member, South Carolina House of Representatives.

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March 25, 1980

Opinion on S.C. Code, § 16-17-430 (1976) (unlawful telephonic communications).

Requested by The Honorable William L. Ferguson, Solicitor, Sixteenth Judicial Circuit.

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March 25, 1980

Opinion on Child Protection Act of 1977 (any professional involved with the subject of a case may be construed to be part of the multidisciplinary team under § 20-10-140(B)(1), and, therefore, have access to information regarding suspected cases of abuse and neglect of children).

Requested by The Honorable Dewey Wise, Chairman, Joint Legislative Committee on Children.

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March 25, 1980

Opinion on the legality of certain conduct occurring at a St. Andrews night club known as Beethovens.

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

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March 25, 1980

Opinion on whether a person hired to handle the school district’s finances would be responsible to the County Board or to the County Superintendent.

Requested by Mr. Robert Wilson Davis, Esquire, Attorney for Lancaster County Board of Education.

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March 25, 1980

Opinion on whether the State would have jurisdiction to arrest an individual for driving under the influence of intoxicants while within the confines of the Myrtle Beach Air Force Base, a federal reservation.

Requested by The Honorable John L. Breeden, Jr., Assistant Solicitor, Fifteenth Judicial Circuit.

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March 25, 1980

Opinion on Human Affairs Act (follow up to January 25, 1980 Opinion).

Requested by Mr. James E. Clyburn, Commissioner, South Carolina Human Affairs Commission.

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March 24, 1980

Opinion on whether City of Charleston is entitled to any of the tax revenue collected for the James Island Public Service District for that tax year.

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

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March 24, 1980

Opinion on dual office holding (Chief of Police in the Town of Whitmire could also run for the office of Commissioner of Public Works for the Town of Whitmire).

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

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March 24, 1980

Opinion on if a person can offer as a candidate for Clerk of Court in Pickens County when he is a resident of another county but is employed in Pickens County.

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

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March 21, 1980

Opinion on whether or not Section 24–21–450 of the 1976 Code gives probation agents the authority to issue probation violation warrants and related question.

Requested by J. P. Pratt, II, Associate Director of Operations, South Carolina Probation, Parole and Pardon Board.

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March 21, 1980

Opinion on dual office holding (employed as Assistant Direct with the Probation, Parole & Pardon Board if elected to the office of county clerk of court).

Requested by Mr. M. H. Carroll, Jr., Assistant Director, Midland Region, South Carolina Probation, Parole and Pardon Board.

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March 21, 1980

Opinion on whether the Execution Against Property Form has previously been approved by this Office for use by the magistrate’s courts.

Requested by Mr. Joseph J. Morris, Assistant Finance Director, Richland County.

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March 21, 1980

Opinion on voter eligibility after conviction for the criminal offense of shoplifting set forth in § 16-13-110, Code of Laws of South Carolina, 1976.

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

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March 21, 1980

Opinion on dual office holding (employed as the Director for the Physical Plan for Trident Technical college and running for the South Carolina House of Representatives).

Requested by Mr. John M. Moorer, North Charleston.

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March 21, 1980

Opinion on whether there is any legal prohibition against noting the race and sex of candidates on certificates of eligible.

Requested by Mr. John B. Dotterer, Jr., State Merit System Supervisor, State Personnel Division, Interagency Merit System.

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March 21, 1980

Opinion on whether a proposed plan by the South Carolina Merchants Association complies with Section 42-5-20 of the Code of Laws of South Carolina, 1976.

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

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March 21, 1980

Opinion on dual office holding (serving as a substitute teacher in the school district and also as a member of the county board of education which controls the school district).

Requested by Mr. John B. Grimball, Attorney at Law, Columbia.

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March 21, 1980

Opinion on whether the probate fees prescribed by Article 7 of Act 164 of the 1979 Acts should be charged on cases which were pending on the effective date of that Act and on which previous billings had not been made. Act 164 apparently took effect on July 1, 1979. See § 14-23-810, Code of Laws of South Carolina, 1976 (1979 cum supp).

Requested by John P. Herry, Esquire, Conway.

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March 20, 1980

Opinion on the constitutionality of an act of the General Assembly which increases the membership of the Clarendon Hospital District Board of Trustees and alters the method of selecting them. Requested by The Honorable Richard W. Riley, Governor, State of South Carolina. Read full opinion.

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March 20, 1980

Opinion on whether or not the Darlington County Council (Council) or the Darlington County Water and Sewer Authority (Authority) is authorized to provide for the compensation of the Authority members.

Requested by D. Kenneth Baker, Esquire, Darlington.

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March 20, 1980

Opinion on possibility of removing board member for non-attendance of board meetings.

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

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March 19, 1980

Opinion on Second Injury Fund participation in claimant v. employer/carrier workmen’s compensation hearing.

Requested by Mr. Harold E. Trask, Jr., Chairman, Industrial Commission.

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March 19, 1980

Opinion on whether ‘professional fund-raising counsel’ and ‘professional solicitor,’ as defined by the Act, are required to register under § 33-55-120 even though they are not physically present within this state.

Requested by Mr. Eric Wm. Pantsari, Director, Public Charities, State of South Carolina.

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March 19, 1980

Opinion on dual office holding (teacher may teach in a district and also present himself as a candidate for the Board of Trustees of that district).

Requested by The Honorable John W. Matthews, Jr., Member, South Carolina House of Representatives.

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March 18, 1980

Opinion on whether a ‘legal review fee’ is a permissible charge to be assessed against the seller in the Authority’s Single Mortgage Purchase Program (1979-Series B) by a lending institution which is processing the loan.

Requested by Lewis M. Levy, Staff Counsel, S.C. State Housing Authority.

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March 18, 1980

Opinion on whether a collection agency may serve as the affiant on an arrest warrant.

Requested by The Honorable Allen F. Sloan, Blythewood Magistrate.

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March 18, 1980

Opinion concerning who has the authority to grant postponements of grievance hearings pending before the State Employee Grievance Committee.

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

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March 18, 1980

Opinion on whether or not the Greenville County Council may establish rules requiring a two-thirds or three-fourths majority vote council for the passage of ordinances.

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

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March 18, 1980

Opinion on appointment procedures to the Horry County Historic Preservation Commission.

Requested by Dr. Frank A. Sanders, Treasurer, Horry County Historic Preservation Commission.

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March 18, 1980

Opinion on whether owners can inoculate their animals.

Requested by The Honorable Herbert Kirsh, Member, South Carolina House of Representatives.

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March 18, 1980

Opinion on dual office holding (employed by the Lancaster County Ambulance and also serves as coroner).

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

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March 17, 1980

Opinion on requirements of prospective jurors to magistrate’s court.

Requested by The Honorable Raymond A. Holley, Aiken County Magistrate.

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March 17, 1980

Opinion on the method by which a county can change its form of government by referendum called by ordinance or by petition.

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

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March 17, 1980

Opinion on whether or not the Greenwood County Council (Council) is required to pay to the Greenwood County Supervisor his salary and other benefits until his elected term expires if the Council abolishes that office by ordinance prior to the expiration of that term.

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

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March 14, 1980

Opinion on whether the Family Court has the authority to tax the guardian ad litem attorney’s fee (see § 20-10-180) to DSS and related questions.

Requested by Vinton D. Lide, General Counsel, South Carolina Department of Social Services.

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March 14, 1980

Opinion on a newspaper editor posing the question of whether or not a negative vote on a motion before the County Council in an executive session was a vote committing the Council to a specific course of action which must be ratified in public session under the Freedom of Information Act requirements.

Requested by The Honorable Peden B. McLeod, Member, South Carolina Senate.

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March 13, 1980

Opinion on whether the State should utilize the services of a construction manager on public projects and related questions.

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

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March 13, 1980

Opinion on dual office holding (employed as an assistant examiner of savings and loan associations and serving concurrently as a Governor’s appointee to the State Reorganization Commission).

Requested by The Honorable Robert C. Cleveland, Commissioner of Banking, State Board of Financial Institutions.

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March 13, 1980

Opinion on whether or not a city can enforce its zoning and planning ordinances (including building codes) in areas outside of the city limits by virtue of providing water and sewer services to those areas by contract.

Requested by The Honorable Caldwell T. Hinson, Member, South Carolina House of Representatives.

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March 12, 1980

Opinion on whether construction management services be added by amendment to an existing contract between a public entity and an architectural firm without advertisement for those services.

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

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March 12, 1980

Opinion on whether it is legal for a county to charge a road tax and are there any special statutes applicable only to Union county relative to a road tax.

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

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March 12, 1980

Opinion on whether, prior to a jury having appeared in Court and been sworn, does a municipal court have the authority to dismiss a juror or jury if he receives information which leads him to believe that there is evidence of jury tampering.

Requested by The Honorable Walter M. Culbreth, City Recorder, Town of Patrick.

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March 12, 1980

Opinion on two statutes used by movers to process liens for delinquent storage charges (Section 29-15-10 of the Code of Laws of South Carolina (1979 Supp.), amended in 1977).

Requested by Samuel L. Boylston, General Manager, Motor Transportation Association of South Carolina, Inc.

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March 11, 1980

Opinion on taxation on mineral rights.

Requested by The Honorable George A. Williams, Aiken County Auditor.

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March 11, 1980

Opinion on whether the Summerton Town Council can prohibit the transportation of hazardous wastes through the Town of Summerton.

Requested by City Attorney, Town of Summerton.

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March 11, 1980

Opinion on naming a certain section of U.S. 78 Jim Bilton Boulevard.

Requested by Mr. Paul W. Cobb, Chief Commissioner.

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March 11, 1980

Opinion on a ‘chart order’ as written by a physician for an in-patient of a hospital or extended care facility.

Requested by Mr. Thomas D. Wyatt, Jr., Chief, Bureau of Drug Control, S.C. Department of Health & Environmental Control.

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March 11, 1980

Opinion on the meaning of the following portion of § 59-25-430 of the Code of Laws of South Carolina (1976), as amended.

Requested by Mr. Kenneth L. Childs, Esquire, attorney for the Richland County School District One School Board.

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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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