1981 Opinions

July 9, 1981

Opinion on term limits for Summerville Public Works Commissioners (Section 5-31-210 of the South Carolina Code of Laws, 1976).

Requested by Mr. Walter M. Bailey, Jr., Attorney, Town of Summerville.

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December 30, 1981

Opinion concerning use of adult prisoners in a public works project at a juvenile facility.

Requested by Mr. L. Scott Wallace, Director, Charleston County Juvenile Detention Center.

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December 29, 1981

Opinion on whether a person may serve concurrently as a deputy clerk of court and a State constable without compensation.

Requested by Mr. J. P. Strom, Chief, S.C. Law Enforcement Division.

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December 29, 1981

Opinion on Another Way, Inc. and zoning.

Requested by Mr. Harry W. Davis, Jr., Commissioner, S. C. Department of Youth Services.

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December 29, 1981

Opinion on whether Clemson University may immediately terminate the State Meat and Poultry Inspection Program without approval of the Governor and the concurrence of the Joint Appropriations Legislative Review Committee pursuant to Act 651 of 1978, as amended.

Requested by The Honorable David F. McInnis, Chairman, Joint Appropriations Legislative Review Committee.

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December 28, 1981

Opinion on whether a promotional contest in which the public is invited to participate at no charge is in violation of the lottery statutes of this State.

Requested by The Honorable Charles E. Hodges, Member, South Carolina House of Representatives.

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December 23, 1981

Opinion on the appointment of a ministerial magistrate for Charleston County pursuant to Section 22-2-40, Code of Laws of South Carolina, 1976, as amended.

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

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December 23, 1981

Opinion on the meaning of a proviso to Section 28 of the Appropriations Act for 1981 (Act 178, Acts and Joint Resolutions of South Carolina, 1981).

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

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December 23, 1981

Opinion on Sections 52-3-30 and 53-1-10.

Requested by The Honorable Michael R. Daniel, Speaker Pro Tempore, South Carolina House of Representatives and The Honorable Ray Godshall, City Attorney.

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December 22, 1981

Opinion in the construction of several provisions of the South Carolina Dental Practice Act (§ 4-15-10, et seq.).

Requested by The Honorable N.B. Heyward, Executive Director, South Carolina State Board of Dentistry.

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December 22, 1981

Opinion on Ex Officio Members’ voting privileges.

Requested by Mr. Norman F. Pulliam, Chairman, S.C. Manufactured Housing Board.

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December 21, 1981

Opinion on §§ 44-5-30 and 44-7-150, Code of Laws of South Carolina (1976), relating to the Department of Health and Environment Control.

Requested by Mr. Steve Hooks, Assistant for Policy Development, Office of the Governor of South Carolina.

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December 21, 1981

Opinion on the responsibility for running and maintaining the Orangeburg-Calhoun Regional Detention Center.

Requested by The Honorable Norman E. Fogle, Solicitor, First Judicial Circuit.

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December 21, 1981

Opinion on whether there is a legal or ethical problem where the Judge or City Attorney is elected by council, if the Judge or Attorney is the son or daughter of a member of council or the Mayor.

Requested by The Honorable Baety O. Gross, Jr., Municipal Judge, Town of Simpsonville.

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December 18, 1981

Opinion on the construction of several provisions of the South Carolina Dental Practice Act (§ 4-15-10, et seq.).

Requested by The Honorable N.B. Heyward, Executive Director, South Carolina State Board of Dentistry.

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December 17, 1981

Opinion on the interpretation of Act 651, of 1978, as amended by Act 178 of 1981 (General Appropriations Act of 1981), Part II, Section 18B.

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

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December 17, 1981

Opinion on four questions concerning the confidentiality of executive sessions.

Requested by The Honorable Ryan C. Shealy, Member, South Carolina Senate.

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December 17, 1981

Opinion on confidentiality of executive sessions under the SC Freedom of Information Act. Requested by The Honorable Ryan C. Shealy, Member South Carolina Senate. Read full opinion.

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December 16, 1981

Opinion on dual office holding (legislative official serving as a consultant to the Medical University of South Carolina for the purpose of evaluating the telephone needs of the University).

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

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December 16, 1981

Opinion on whether a charge of conspiracy to violate 21 U.S.C. § 846 and § 841(a)(1) (possession with intent to distribute a Schedule I Controlled Substance) is a crime of moral turpitude.

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

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December 16, 1981

Opinion on whether a state employee is entitled to compensation during the term he was suspended because of an indictment by the grand jury and the subsequent dismissal of the charges.

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

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December 14, 1981

Opinion on whether Act No. 651 of 1978, as amended, authorizes the Department of Social Services to reallocate funds within an appropriated line item without prior approval of the Joint Appropriations Review Committee and the Governor.

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

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December 14, 1981

Opinion on whether or not the legislative delegations of Greenville, Anderson and Laurens counties are properly recommending for appointment the members of the Western Carolina Regional Sewer Authority Commission.

Requested by The Honorable Herbert C. Granger, Chairman, Greenville County Legislative Delegation.

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December 11, 1981

Opinion on whether the purposes of H2340, a bill to recognize certain Indian groups within South Carolina, may be served without prejudice to any future litigation involving land claims by those groups.

Requested by Mr. David Murday, Research Assistant, Medical, Military, Public and Municipal Affairs Committee, South Carolina House of Representatives.

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December 10, 1981

Opinion on information available under the South Carolina Freedom of Information Act.

Requested by W. R. Turner, Jr., M.D., Chairman, University Faculty Grievance Hearing Committee, Medical University of South Carolina.

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December 10, 1981

Opinion on dual office holding (serve concurrently as a member of the Richland-Lexington Counties Commission for Technical Education and a member of the Board of Directors of the Lexington —Richland Alcohol and Drug Abuse Council).

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

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December 9, 1981

Opinion on Installment Purchase Program Regulations.

Requested by Mr. Tony R. Ellis, Materials Management Officer, Central State Purchasing.

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December 9, 1981

Opinion concerning the eligibility of the Charleston County School District to cover certain personnel under the Police Officers’ Retirement System.

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

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December 9, 1981

Opinion on the legal status of the McCormick County Water and Sewer Authority and whether it is an ‘employer’ under § 9-1-10(5), 1976 Code of Laws of South Carolina.

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

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December 9, 1981

Opinion on administrative authority of the S.C. Retirement System to distribute a deceased employee’s pension to the beneficiary (lump sum or monthly allowance).

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

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December 7, 1981

Opinion on whether funeral expenses have priority in estate assets over estate and gift taxes owed by estate.

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

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December 7, 1981

Opinion regarding possible annexation of St. Andrews into the City of Columbia.

Requested by The Honorable H. Parker Evatt, Member, South Carolina House of Representatives.

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December 4, 1981

Opinion on whether a county employee can be dismissed for failure to submit to a lie detector test after being requested to do so by the county administrator.

Requested by Horry County Attorney.

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December 4, 1981

Opinion on whether the Youthful Offender Division of the Department of Corrections can transfer supervision of a conditionally released youthful offender to another jurisdiction.

Requested by Larry C. Batson, Esquire, S.C. Department of Corrections.

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December 4, 1981

Opinion on whether a County Administrator can force a county employee to submit to a lie detector test on pain of disciplinary action, including dismissal from employment.

Requested by John L. Breeden, Jr., Horry County Attorney.

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December 3, 1981

Opinion on documentary stamps on deeds by the trustee.

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

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December 3, 1981

Opinion on whether or not a state legislator may require a state agency to provide a comprehensive breakdown of its expenditures of state appropriations, and whether or not a legislator may demand the same breakdown for funds held by a state agency which are not state appropriations.

Requested by Representative D. N. Holt, Jr., Member, South Carolina House of Representatives.

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December 3, 1981

Opinion on Ii an agency places all of its employees upon a temporary reduced work schedule and pays them a correspondingly lower salary, would such an action be grievable and other related questions.

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

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December 1, 1981

Opinion on two questions pertaining to the following proviso included in the General Appropriations Act for fiscal year 1982.

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

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December 1, 1981

Opinion on whether drinking beer on Sunday in the parking lot of a location licensed to sell beer and wine would constitute a violation of § 61-9-110, Code of Laws of South Carolina, 1976, as amended.

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

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December 1, 1981

Opinion on WIS-TV’s FOIA request.

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

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November 30, 1981

Opinion on whether special referees who do not have a master in equity are authorized to collect fees under Section 14-11-310, Code of Laws of South Carolina, 1976, as amended.

Requested by Mr. George A. Markert, Assistant Director, South Carolina Court Administration.

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November 30, 1981

Opinion on the proper fee to be charged for filing a release of lien form.

Requested by The Honorable Jack D. Howle, Jr., Judge, Sumter County.

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November 30, 1981

Opinion on legal steps necessary to change district lines for School Districts 55 and 56 in Laurens County and other questions.

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

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November 30, 1981

Opinion concerning possible legal implications of the transfer of a black city employee returning from a leave of absence due to medical problems.

Requested by Mrs. Darene Stankus, Personnel Director, City of Florence.

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November 25, 1981

Opinion on time requirements for giving notice for a special election for annexation purposes (Sections 5-3-60 or 7-13-35 of the South Carolina Code of Laws, 1976).

Requested by Mr. C. W. F. Spencer, Jr., Esquire, Spencer & Spencer, P. A., Rock Hill.

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November 25, 1981

Opinion on whether the Hampton County Council has the authority to increase the County Treasurer’s surety bond amount above the amount set by statute.

Requested by Mr. A. G. Solomons, Jr., Hampton County Attorney.

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November 23, 1981

Opinion on concerning the imposition of a business license upon private investigators who do not have an office in a city but need to conduct surveillance work there.

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

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November 20, 1981

Opinion on whether a nursing home operated for profit qualify an area as an unzoned commercial area for purposes of the Highway Advertising Control Act (South Caroline Code of Laws Sections 57-25-110 to 220).

Requested by Mr. Ralph Bowers SCDHPT Outdoor Advertising Administrator.

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November 20, 1981

Opinion concerning the authority of the South Carolina Department of Archives and History to establish standards to be met in the repair, rebinding and restoration of public records of permanent (perpetual) value.

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

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November 20, 1981

Opinion on constitutionality of the Beaufort County Council’s referendum to change its method of election after initial selection was made under home rule.

Requested by Ladson F. Howell, Beaufort County Attorney.

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November 20, 1981

Opinion on whether or not the intentional scarring of little children as a form of religious, cultural or tribal ritual would be deemed child abuse the provisions of the Child Protection Act.

Requested by The Honorable Harriet H. Keyserling, Member, South Carolina House of Representatives.

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November 19, 1981

Opinion on requirements for a person to serve as a bail bondsman (Section 15-1-230 of the South Carolina Code of Laws 1976).

Requested by The Honorable John Hamilton Smith, Judge, First Judicial Circuit.

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November 18, 1981

Opinion on constitutionality of Act No. 118 of 1969 and Joint Resolutions.

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

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November 17, 1981

Opinion on Section 59-67-240 of the Code of Laws of South Carolina, as amended and encloses a prior opinion on the subject.

Requested by Mr. Timothy M. Crawford, Director of Transportation, Spartanburg County School District No. 3.

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November 16, 1981

Opinion on whether or not a Zoning Board is a ‘public body’ within the meaning of Section 30-4-20(a).

Requested by Wyatt Saunders, Esquire, Laurens.

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November 12, 1981

Opinion regarding any change to one of the alternate forms of government (Section 5-5-60, Code of Laws of South Carolina, 1976, as amended).

Requested by The Honorable Francis X. Archibald, Member, South Carolina House of Representatives.

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November 12, 1981

Opinion on how many trade names one optometrist or partnership of optometrists may utilize.

Requested by Mr. Henry V. Sawyer, O.D., Secretary, State Board of Examiners in Optometry.

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November 9, 1981

Opinion on whether the State Board of Nursing may recognize a specific foreign nursing examination as a basis for licensure by endorsement to the State of South Carolina. South Carolina Code Section 40-33-560 (1976).

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

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November 6, 1981

Opinion on various questions concerning petition candidates.

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

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November 5, 1981

Opinion on petition requirements (petition seeking to repeal a county ordinance).

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

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November 5, 1981

Opinion on whether the Georgetown County Council is the proper body to set the time for the election as a result of a recent death of Council member.

Requested by Alfred B. Schooler, Chairman, Georgetown County Council.

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November 4, 1981

Opinion on reconsideration of October 19, 1981 opinion regarding authority of the Hilton Head No. 1 Public Service District to contract with private corporate bodies for the provision of water and sewer services to noncontiguous areas.

Requested by William A. Ruth, Esquire, Hilton Head Island.

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November 4, 1981

Opinion on whether the Department of Mental Health must treat each United Way organization that has been certified by the Secretary of State for payroll deductions as separate organizations for purposes of meeting the 10% of employees or 200 employees requirement of Section 8-11-93.

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

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November 4, 1981

Opinion on whether Section 8-11-80 of the South Carolina Code of Laws (1976), as amended, permits the chief financial officers of State agencies and institutions maintaining payroll accounts separate from the Comptroller General to make payroll deductions for insurance.

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

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October 30, 1981

Opinion on whether certain pay items are includable in the average final salary for retirement purposes under the South Carolina Retirement System and the Police Officers’ Retirement System.

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

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October 30, 1981

Opinion on whether the General Assembly or the County has the power to enact county council lines (South Carolina Code of Laws, 1976, Section 4-9-90).

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

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October 29, 1981

Opinion on whether indictment of offenses of Auditor for Lee County’s constitute moral turpitude.

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

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October 29, 1981

Opinion on the indictment of Chief L. Edward Simmons whether he is considered a State official since he serves on the South Carolina Law Enforcement Training Council.

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

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October 28, 1981

Opinion on how the Town of Liberty should conduct a new election.

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

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October 28, 1981

Opinion on sentencing guidelines (fine or imprisonment of criminal conviction) for a municipal court judge, or magistrate when no minimum sentence is mandated by law or may the judge only find the individual guilty with no sentence imposed or suspended.

Requested by Mr. George A. Markert, Associate Director, South Carolina Court Administration.

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October 28, 1981

Opinion on whether mud drag racing, held in the unincorporated area of Sumter County on Sundays between 2:00 P.M.-7:00 P.M. and the general public will be admitted upon paying an admission fee, is permitted under the provisions of § 52-3-30, Code of Laws of South Carolina, 1976, as amended, if a permit is granted by the Sumter County Council.

Requested by Henry B. Richardson, Jr., Esquire, Richardson, James & Players, Sumter.

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October 27, 1981

Opinion on whether an autopsy performed upon a dead body in Georgetown County at coroner’s authorization is available for public inspection.

Requested by Honorable Willson W. Williams, Coroner, Georgetown County.

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October 27, 1981

Opinion on whether an indictment charging a county council member with the offense of assault and battery with intent to kill and carrying a pistol is a crime of moral turpitude.

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

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October 27, 1981

Opinion on how to compute the seven day holding period of the Precious Metals Act (Section 40-54-50(B) of the South Carolina Code of Laws).

Requested by Thomas J. Sexton, Detective Corporal, Department of Police, County of Charleston.

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October 27, 1981

Opinion on whether the SC DOT may allow overweight vehicles to travel across the highways of this State during night hours or weekends pursuant to a permit issued under the authority of Code of Laws of South Carolina § 56-5-4170 (Cum.Supp., 1980).

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

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October 26, 1981

Opinion on governor’s authority to grant reprieves in other than death penalty cases.

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

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October 26, 1981

Opinion on the provisions of South Carolina Code of Laws § 44-53-370(d)(3) (person charged under this item for a first offense for possession of controlled substances may forfeit bail by nonappearance and upon forfeiture the bail shall be distributed as provided in subitem (1).

Requested by The Honorable James O. Dunn, Solicitor, Fifteenth Judicial Circuit.

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October 26, 1981

Opinion on whether or not it is necessary to have a Social Security number in order to register to vote in Greenville County.

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

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October 26, 1981

Opinion on authority of a private security agency to enforce traffic laws on private streets within a subdivision where they are contracted to provide security services.

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

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October 26, 1981

Opinion on who has jurisdiction to rule on the manner of death of a civilian who dies at Fort Jackson.

Requested by The Honorable Frank E. Barron, III, Coroner, Columbia Judicial Center.

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October 26, 1981

Opinion on four specific questions in the general framework of the proviso of the Appropriations Act.

Requested by The Honorable W. Paul Cantrell, Jr., Member, South Carolina Senate.

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October 22, 1981

Opinion on legal notice publication requirements to creditors pursuant to § 21-15-630 of the Code, notice of the issuance of letters of administration pursuant to § 21-15-90 of the Code, and notice of the final discharge pursuant to § 14-23-350 of the Code.

Requested by The Honorable Rosemary Trakas, Judge of Probate, Greenwood.

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October 21, 1981

Opinion on the Management Agreement between the South Carolina Ports Authority and the South Carolina Farm Bureau Marketing Association.

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

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October 21, 1981

Opinion on driver’s license examiners authority to renew licenses with respect to physical or mental traits of applicants observed by license examiners.

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

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October 20, 1981

Opinion on whether a Notice of Motion is the proper pleading for initiating an action in the Family Court.

Requested by The Honorable Curtis G. Shaw, Judge, Family Court, Eighth Judicial Circuit.

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October 20, 1981

Opinion on operation of flea markets and garage sales on Sunday, if the items sold are expressly prohibited by Section 53-1-60.

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

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October 19, 1981

Opinion on voter registration requirements.

Requested by Mr. William Myrick, Jr., Esquire, Ulmer City Attorney.

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October 19, 1981

Opinion on whether or not the Hilton Head No. 1 Public Service District is authorized to contract to supply water and other utilities services outside the boundaries of its service area.

Requested by William A. Ruth, Esquire, Hilton Head.

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October 19, 1981

Opinion on whether or not the public and press may demand admission to meetings of the Finance Committee of the Student Senate of the University of South Carolina.

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

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October 16, 1981

Opinion on notification requirements of South Carolina’s Consumer Protection Code (CPC) has non-conforming provisions which more clearly resemble the 1974 version of the UCCC (Sections 37-2-416 and 37-3-408 of the 1976 Code).

Requested by The Honorable Bryce H. Pettey, Assistant Attorney General, State of Utah.

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October 15, 1981

Opinion on the applicability of the homestead exemption appraisal procedures (found in Section 15-41-10 through Section 15-41-70) to the newly established and enlarged homestead exemption found in Act H90, S120, codified as Section 15-41-200.

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

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October 15, 1981

Opinion on whether incident reports should be destroyed when other criminal records are properly expunged and whether such reports are matters of public record.

Requested by Ms. Jeanne R. Hertzog, Administrative Captain, Lexington County Sheriff’s Department.

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October 13, 1981

Opinion on whether a lottery may be conducted involving a parcel of land whereby all money received above a certain amount from the sale of lottery tickets would go to the Clarendon County Council on Aging, a private, non-profit charitable organization.

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

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October 12, 1981

Opinion on the effective date of the operation of Section 20–7–3520, Code of Laws of South Carolina (1976), the provision which pertains to the prohibition against the incarceration of status offenders.

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

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October 12, 1981

Opinion on if the members of the Aiken County Council would have to stand for re-election following reapportionment of the Aiken County district lines and if the county council chairman who was elected at large would have to run for re-election following the reapportionment.

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

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October 9, 1981

Opinion on dual office holding (whether a Board Member of Three Rivers Health Systems Agency might be an officer (South Carolina Constitution Article XVII, Section 1A).

Requested by Mr. Casey R. Blonaisz, Deputy Executive Director, Three Rivers Health Systems Agency, Inc.

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October 8, 1981

Opinion on who is responsible under state law for cleaning up chemical and petroleum spills which occur in this State.

Requested by General George R. Wise, Director, Emergency Preparedness Division.

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October 8, 1981

Opinion on a resolution and the provisions of Title 46, Chapter 47, of the Code of Laws of 1976 as amended, which establish the authority and provide its functions and duties.

Requested by Honorable Raymond Caughman, Chairman, S.C. Family Farm Development Authority.

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October 8, 1981

Opinion on regarding the reapportionment of the Beaufort County Council, Section 4-9-90, Code of Laws of South Carolina, 1976 (Cum.Supp.).

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

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October 8, 1981

Opinion on application of Section 23(d) of Regulation 61-19 of the 1976 Code of laws of S.C., as amended, as administered by the Department of Health and Environmental Control (DHEC).

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

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October 8, 1981

Opinion regarding the potential liability of emergency medical services personnel for a refusal to transport persons who are not in life or limb threatening situations.

Requested by Ms. Carol Latimer-Clemenz, Executive Director, S.C. Midlands EMS.

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October 7, 1981

Opinion on the constitutionality of Section 33-55-90 of the South Carolina Code of Laws (1976).

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

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October 7, 1981

Opinion on the present and former status of the Orangeburg County Library Commission.

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

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October 7, 1981

Opinion on the manner of proceeding for the withdrawal of funds for expenses of the Dairy Commission, as authorized by the provisions of Section 39-33-40, as amended by Act No. 82 of 1981.

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

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October 6, 1981

Opinion as to the effect of the Governor’s veto of the item ‘General Operations—Spartanburg and Conway’ in Section 29, Part III, of the 1981-82 General Appropriations Bill.

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

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October 6, 1981

Opinion on whether the reports required by ‘each railroad company chartered by this State’ or ‘every railroad corporation’ apply to the railroads operated by the Public Railways Commission (Sections 58-17-1610 et seq.).

Requested by Mr. James H. Still, Executive Director, South Carolina Public Service Commission.

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October 6, 1981

Opinion on whether there are any restrictions/regulations concerning size of plats submitted to a clerk of court for recording and whether there is any statutory authorization for local regulation of the size of plats.

Requested by Kenneth G. Goode, Esquire, Fairfield County Attorney.

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October 5, 1981

Opinion about the enforceability in South Carolina of a proposed mediation/arbitration clause in a standard contract agreement.

Requested by Mr. James E. Likins, President, Geocon Incorporated.

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October 2, 1981

Opinion of S.606 for constitutional weakness.

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

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September 30, 1981

Opinion on South Carolina Code Ann. § 15–1–20 (1976), extend the maximum twenty day period of emergency detention provided by § 44–17–410, if the twentieth day falls on Saturday, Sunday, or a legal holiday.

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

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September 30, 1981

Opinion on administration of § 24-23-210(a), Code of Laws of South Carolina ,(fee imposed by municipal or magistrate’s court other than a nonmoving traffic violation on individual convicted, pleads guilty or nolo-contendere, or forfeits bond).

Requested by Walter B. Todd, Jr., Assistant City Attorney, City of Columbia.

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September 30, 1981

Opinion on whether § 59-63-910 of the Code of Laws of South Carolina (1976) requires colleges and universities to conduct fire drills when they are either fully funded publicly or when they are private but have students which receive state aid.

Requested by Richard S. Campbell, P.E., South Carolina State Fire Marshall.

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September 30, 1981

Opinion on dual office holding (serving on constituent school board of trustees for Charleston County School District and serve as a city councilman, Articles VI § 3 and XVII § 1A of the Constitution of South Carolina (1895)).

Requested by The Honorable Francis K. Sullivan, Executive Secretary, Office of the Charleston County Legislative Delegation.

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September 30, 1981

Opinion on which name can be placed on the ballot.

Requested by Mr. C. W. F. Spencer, Jr., City Attorney, Rock Hill.

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September 30, 1981

Opinion on the proviso included in the 1981-82 General Appropriations Act “provided, further, that every county shall provide for each circuit judge residing therein an office with all utilities including a private telephone” and enclosing a prior opinion on the subject.

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

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September 29, 1981

Opinion on whether or not the intentional scarring of little children as a form of tribal ritual would be deemed child abuse by the provisions of the Child Protection Act (Section 20-7-490 of the new Children’s Code).

Requested by The Honorable Harriet H. Keyserling, Member, South Carolina House of Representatives.

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September 29, 1981

Opinion on whether an individual who stayed at a State Hospital can buy a firearm (South Carolina Code of Laws Section 16-23-30).

Requested by Mr. William B. Ellis, Hopkins.

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September 29, 1981

Opinion on whether the Retirement System may pay retirement benefits to a school principal which are based upon his salary at the level it reached when it was increased retroactively (Section 9-1-10(16) of the Code of Laws of South Carolina (1976).

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

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September 29, 1981

Opinion on whether the Greenville Airport Commission, (hereinafter the Commission) may be abolished by an ordinance of both the City and County of Greenville.

Requested by Stephen A. Kern, Esquire, City of Greenville.

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September 29, 1981

Opinion on whether or not, under existing South Carolina law, the South Carolina Public Service Commission can approve a transfer of a water and sewer system owned by a regulated public utility in South Carolina to a North Carolina municipal utility.

Requested by The Honorable Rudolph Mitchell, Chairman, South Carolina Public Service Commission.

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September 29, 1981

Opinion on whether the South Carolina Public Service Commission may act as the disbursing agent for federal funds and matching local, state or private funds to private persons or entities for the rehabilitation or restoration of railway lines within the State of South Carolina, pursuant to the Railroad Revitalization and Regulatory Reform Act of 1976, as amended, 45 USC § 801, et seq.

Requested by The Honorable Rudolph Mitchell, Chairman, Public Service Commission.

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September 29, 1981

Opinion concerning the status of the municipal court under the unified judicial system, the South Carolina Supreme Court has determined that it is a part of the unified judicial system (§ 14-25-5(a), Code of Laws of South Carolina, 1976 (Cum.Supp.).

Requested by Thomas M. Boulware, Esquire, Attorney at Law, Barnwell.

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September 29, 1981

Opinion regarding the Chairman of the Richland County Council voting favorable to himself as to a motion to reprimand the Chairman.

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

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September 29, 1981

Opinion concerning traffic offenses and disorderly conduct charges (§ 14-25-5(c) and § 14-25-45, Code of Laws of South Carolina, 1976, as amended).

Requested by Ms. Elaine F. McLeese, Office of Senator Phil Leventis.

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September 28, 1981

Opinion on review of S.622 and S.623 for constitutional weakness (reapportion the county governing body of Greenville County and the school districts of Greenville County, respectively).

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

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September 28, 1981

Opinion concerning a proposed municipal ordinance to prohibit the consumption of alcoholic beverages in public places such as streets, highways and parks within the municipality and encloses prior opinions on this subject.

Requested by Thomas M. Boulware, Esquire, Attorney at Law, Barnwell.

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September 28, 1981

Opinion on whether county library funds may be invested in a NOW account and/or bank guaranteed securities and whether the library would be entitled to keep the interest made on State-aid funds.

Requested by Mr. Chapman J. Milling, Jr., Librarian-Executive Secretary, Sumter County Library.

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September 24, 1981

Opinion on whether, a Magistrate could order the expungement of the records maintained by SLED of an individual convicted of first offense simple possession of marijuana.

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

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September 24, 1981

Opinion on Section 8-11-92(3), South Carolina Code of Laws (1976) (Act 149 of 1981) provides that in order to qualify for a payroll deduction the organization must be recognized as tax exempt under 26 U.S.C., Section 501(c)(3).

Requested by Capt. Laura B. Stevens, USAF, Assistant Staff Judge Advocate, Department of the Air Force.

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September 23, 1981

Opinion concerning how to dispose of a vehicle which has been involved in a high speed chase, when the driver has fled on foot, and the owner of the vehicle appears on the scene asking that the vehicle be turned over to owner (Section 56-5-2520(c)).

Requested by Ms. Vivian B. Wardlaw, Liberty Police Department.

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September 23, 1981

Opinion on requests to architectural and design firms to state desired fees when responding to an invitation to submit a response following the advertisement of a prospective State project by a public agency.

Requested by Mr. Harold Langbehn, Jr., CSI, Anderson Council of Architects.

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September 23, 1981

Opinion concerning the towing of vehicle illegally parked upon private property (Section 16-11-760 of the South Carolina Code of Laws).

Requested by The Honorable James T. Funderburk, Mayor, City of Chester.

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September 23, 1981

Opinion on whether or not § 43-1-220, Code of Laws of South Carolina (1976), has been repealed by Act No. 651 of 1978, as amended by § 18, Part II, Act No. 178 of 1981 (General Appropriations Act – Section 43-1-220 designates the South Carolina Department of Social Services as the single state agency to administer and supervise the administration of Title XX of the Social Security Act, as established by Public Law 93-647 (the Social Services Amendments of 1974).

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

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September 22, 1981

Opinion on the status of state or county elected officials’ position when called for more than two weeks of active duty by the National Guard (S. C. Code § 8-7-30).

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

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September 21, 1981

Opinion on if Act 1020, Acts of 1964 repealed by Article X, Section 3 of the South Carolina Constitution.

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

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September 21, 1981

Opinion on if the provisions of the South Carolina Code dealing with reserve police officers (Section 23-28-10, et seq.) would prohibit police agencies from using reserve trainees for traffic control and parking of vehicles at ball games and other public events.

Requested by L. W. Griffin, Chief of Police, Sumter.

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September 21, 1981

Opinion concerning regulations imposed on topless dancing and other forms of nudity (Section 16-15-260 through Section 16-15-440, and Section 16-15-130).

Requested by Ms. Jeanne R. Hertzog, Lexington County Sheriff’s Department.

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September 21, 1981

Opinion on the legal status of the Sumter County Council on Aging, Inc. for purposes of Retirement System coverage.

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

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September 21, 1981

Opinion on review of Act 651 of 1978 (authority vested in the Governor and in the Joint Appropriations Review Committee) concerning proposals for the expenditure of federal funds, and for federal allocations, as well as the designation of a single state agency to make federal grant applications.

Requested by The Honorable Richard W. Riley, Governor, State of South Carolina and The Honorable David F. McInnis, Chairman, Joint Appropriations Review Committee.

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September 18, 1981

Opinion on whether Section 57-5-1330(2), as amended by Act 449 of 1980, applies only to construction projects commenced after the effective date of the amendment.

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

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September 18, 1981

Opinion on whether any person who has graduated from Sherman College can now be licensed by the Board of Chiropractic Examiners, regardless of the date of his enrollment in, and graduation from, Sherman College.

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

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September 17, 1981

Opinion on whether Section 8–11–97 of the Code of Laws (1976) places an absolute requirement on the Comptroller General to issue regulations.

Requested by V. C. Traywick, Jr., Assistant Comptroller General.

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September 17, 1981

Opinion on whether the provisions of § 4–9–1220 and § 6–11–880 are available to challenge or seek the repeal of a county ordinance that authorizes a bond issue for a special purpose district.

Requested by The Honorable Dill Blackwell, Member, South Carolina House of Representatives.

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September 17, 1981

Opinion on whether the S.C. Department of Agriculture may retain funds received by it in conjunction with a seed testing program conducted, specifically using the funds to defray the cost of part-time or temporary employees in the seed laboratory (Section 46-21-340, Code of Laws of South Carolina (1976)).

Requested by Mr. G. Bryan Patrick, Jr., Commissioner, S. C. Department of Agriculture.

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September 17, 1981

Opinion on what course of action can be taken to collect an assessment imposed pursuant to the provisions of recent legislation bearing ratification number R148 upon a defendant who pleads guilty or is found guilty of an offense within the jurisdiction of the Court of General Sessions when such defendant refuses to pay the assessment.

Requested by The Honorable Caroline W. Mattos, Clerk of Court, Greenville County.

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September 16, 1981

Opinion on whether the procedure set forth in Section 12-35-1240 and used when the segregation of sales and use taxes is impracticable changes the character and nature of the tax or does it merely postpone the payment of such tax.

Requested by Mr. Cyril C. McCrary, Director of Sales and Use Tax Division.

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September 16, 1981

Opinion on the provisions of Act IV, Section 36, of the South Carolina Constitution with reference to the reserve fund.

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

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September 16, 1981

Opinion on dual office holding (serves as State Constable and as Anderson County’s Deputy Sheriff) and other questions, and enclosing a prior opinion on the subject.

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

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September 15, 1981

Opinion on the appointment of members of the Grand Strand Water and Sewer Authority (Section 4-9-170, Code of Laws of South Carolina, 1976) as amended.

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

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September 14, 1981

Opinion on whether a flea market may lawfully operate on Sunday if no sales take place but rather patrons are allowed ‘to swap merchandise back and forth with no money exchanged (Section 53-1-40, South Carolina Code of Laws (1976), as amended).

Requested by The Honorable William C. Barnes, Sheriff, Florence County.

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September 14, 1981

Opinion concerning the payment of expenses to members of the Anderson County Council (Section 4-9-100, Code of Laws of South Carolina, 1976 (Cum.Supp.).

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

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September 14, 1981

Opinion on whether the City Police Department has jurisdiction to enforce Municipal ordinances on City owned property physically located outside the boundaries of the City (Section 5-7-110 of the South Carolina Code of Laws).

Requested by The Honorable Richard P. Ruonala, Chief of Police, Goose Creek.

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September 14, 1981

Opinion on certain aspects of a proposed Berkeley County ordinance establishing a solid waste system (Section 4-9-30(5), Code of Laws of South Carolina, 1976, as amended).

Requested by John H. Tiencken, Jr., Esquire, Dennis, Dennis & Watson, Moncks Corner.

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September 10, 1981

Opinion on clerk of court’s liability which may occur if the clerk refuses to record a deed or mortgage unless it contains a derivation clause.

Requested by The Honorable Betty L. Williams, Clerk of Court, Georgetown County.

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September 9, 1981

Opinion on procedure for swearing in a new county council member.

Requested by Mr. Kenneth G. Goode, Esquire, Fairfield County Attorney.

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September 9, 1981

Opinion concerning whether or not the Saluda Recreational Commission and the Hollywood Recreational Commission constitute governing bodies of special purpose districts so as to except them from the provisions of Section 4-9-170, Code of Laws of South Carolina, 1976, as amended.

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

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September 9, 1981

Opinion on the administration of the Education for the Handicapped Act (EHA-20 U.S.C. § 1401, et seq.), what body in South Carolina is the state educational agency (SEA) under the EHA (see 20 U.S.C. § 1401(7)) and what authority that agency has to require other state agencies to provide children with an appropriate education.

Requested by The Honorable Harry A. Chapman, Jr., Chairman, Senate Education Finance Review Committee.

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September 8, 1981

Opinion on distribution of fines (Section 44-53-370(d)(3).

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

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September 8, 1981

Opinion on whether or not Handyman Exchange, Inc. falls within the provision of the Employment Agency Act (placing primarily part time and fulltime workers and charging the employer a $2.00 registration fee if an agreement is reached).

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

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September 3, 1981

Opinion on whether or not the Charleston County Council is authorized to enter into a loan guarantee arrangement with the Peters Field Community Association, a private, eleemosynary corporation (encloses prior opinions on subject).

Requested by Leonard L. Long, Jr., Esquire, Long Smith & Jordan, Charleston.

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September 3, 1981

Opinion concerning four questions on the Western Carolina Regional Sewer Authority and the Marietta Water, Fire, Sanitation and Sewer District.

Requested by The Honorable Dill Blackwell, Member, South Carolina House of Representatives.

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September 3, 1981

Opinion concerning the appointment of members to numerous boards and commissions operating in Florence County.

Requested by The Honorable Billy L. Eaddy, Member, South Carolina House of Representatives.

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September 2, 1981

Opinion on Section 7-5-120, South Carolina Code of Laws, amended, which allows a person convicted of a criminal matter to vote would render that person duly qualified for serving on a jury.

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

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September 2, 1981

Opinion on the Child Protection Act, Section 20-10-20(C)(1), and whether or not under this Section a physical injury solely as a result of an accident is considered physical abuse.

Requested by The Honorable Ryan C. Shealy, Member, South Carolina Senate.

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September 2, 1981

Opinion on whether or not a county council is authorized to set the working hours of county employees who are hired by elected officials and whether or not a county council is authorized to require all county employees to be regulated by a time clock (encloses prior opinion on the subject).

Requested by The Honorable L. L. Henderson, Sheriff, Newberry County.

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September 2, 1981

Opinion on whether in a situation where an individual is charged with both driving under the influence and failing to stop when signaled by a law enforcement vehicle, must an election be made pursuant to §§ 22-3-740, Code of Laws of South Carolina, 1976, as to which of the two offenses to prefer.

Requested by The Honorable Carroll M. Gray, Chief Magistrate of Marlboro County.

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September 1, 1981

Opinion follow up to August 23, 1981 opinion regarding whether or not a councilman who was elected on June 5, 1979, and who was not a registered elector on that date but who in 1981 became a qualified elector, was qualified to hold office.

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

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September 1, 1981

Opinion on form rental agreement and whether a lessee could be prosecuted pursuant to § 16-13-420, Code of Laws of South Carolina, 1976, if he fails to return rental items obtained as a result of entering into an agreement with a lessor under terms as specified in the form rental agreement.

Requested by The Honorable Charles E. Henderson, Jr., Magistrate—Greenwood County.

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August 31, 1981

Opinion on the authority of the Calhoun County Council vis-a-vis the Calhoun County Historical Commission. Requested by Furman R. Gressette, Esquire, Attorney for Calhoun County Council. Read full opinion.

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August 28, 1981

Opinion on whether any action should be taken against a Erhardt councilman was not a registered voter when he was elected to office (Article VI, Section 1 of the South Carolina Constitution).

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

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August 27, 1981

Opinion on whether the Governor may veto individual items or sections of the State Capital Improvement Bond Bill rather than veto the entire bill.

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

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August 27, 1981

Opinion on the constitutionality of H2999 (R-257).

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

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August 27, 1981

Opinion as to the payment of wages to employees of the General Assembly employed in permanent part-time (PPT) positions (Appropriations Bill, Section 3, Proviso No. 1).

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

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August 27, 1981

Opinion on whether or not it would be appropriate and lawful for state officers such as Chief Strom and the Captain of SLED be the authors of general letters of recommendation or general personal endorsement for private individuals when requested by them.

Requested by Captain J. Leon Gasque, SLED.

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August 27, 1981

Opinion concerning the procedure to be followed in selling a tract of land owned by the Edgefield County Water and Sewer Authority (Act No. 571, 1967 Acts and Joint Resolutions, 1074).

Requested by The Honorable Joe F. Anderson, Jr., Member, South Carolina House of Representatives.

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August 26, 1981

Opinion on whether the Department of Highways and Public Transportation have the authority to dispose of its own property and deposit proceeds to its credit, or does the Division of General Services have the authority to dispose of Department property and deposit the proceeds in the General Fund (§§ 11–353810, 11–35–3820, 11–35–3830 and 11–35–4020).

Requested by Assistant Attorney General, Division of General Services.

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August 26, 1981

Opinion regarding would the existence or threat of a severe water shortage in South Carolina, resulting from extreme drought or other conditions, constitute a public calamity thereby authorizing the Governor, under his emergency powers, to regulate water usage and consumption (See §§ 1–3–410 to 1–3–460; §§ 25–1–1840 to 25–1–1860; and § 25–1–1870, Codes of Laws of South Carolina (1976)).

Requested by The Governor, State of South Carolina.

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August 26, 1981

Opinion on if a state employee can hire a private attorney and demand a jury trial on a speeding ticket (Section 56-5-1510).

Requested by Mr. Jack Moore, President, Jack’s Transmission & Marine, Inc.

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August 26, 1981

Opinion on whether the nine (9) incumbents presently serving on the Commission on Higher Education may be reappointed when their present term expires in 1982 (Act 410 of 1978).

Requested by Mr. Howard R. Boozer, Executive Director, South Carolina Commission on Higher Education.

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August 26, 1981

Opinion on whether or not it is necessary to affix documentary tax stamps to deeds presented for filing whereby your Department has conveyed property to private individuals.

Requested by The Honorable Paul C. Cobb, Chief Commissioner, Department of Highways & Public Transportation.

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August 26, 1981

Opinion on the constitutionality of H.3120 (R.254).

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

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August 25, 1981

Opinion on Governor’s extended leave from the State and effect of transferring emergency powers only with specific reference to the effect the absence would have upon veto powers of the Governor (Article IV, Section 11, of the Constitution of this State).

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

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August 25, 1981

Opinion on the proper interpretation of Section 135(F) ( amended travel and subsistence regulations to comply with the 1981-82 Appropriations Act).

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

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August 24, 1981

Opinion on the powers that must be granted to the Committee to which S–559 may be referred (bill establishing the Congressional Districts of the State in accordance with Article VII, Section 13, of the Constitution of this State, which authorizes the General Assembly to ‘arrange the various counties—into Congressional Districts—as it may deem wise and proper).

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

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August 24, 1981

Opinion on whether certain property owners may control access to a portion of an artificially created lake.

Requested by The Honorable D. Malloy McEachin, Jr., Member, South Carolina House of Representatives.

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August 21, 1981

Opinion on whether it would be a violation of a patient’s right to due process and a conflict of interest if staff physicians of a state mental institution conduct commitment examinations and participate as expert witnesses in the Probate Court in the commitment proceeding of a patient.

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

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August 19, 1981

Opinion concerning the entitlement of your office to funds during fiscal year 1981-82 for defense of indigents (§ 17-3-10, et seq., Code of Laws of South Carolina, 1976, as amended).

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

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August 19, 1981

Opinion correcting April 3, 1981 opinion regarding South Carolina Appalachian Regional Computer Commission as an integral part of each of the numerous governmental bodies which it serves (Section 6-1-20, South Carolina Code of Laws, 1976).

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

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August 19, 1981

Opinion on whether the Department of Mental Health may allow its employees to pay their annual dues to the South Carolina State Employees Association through payroll deductions.

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

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August 18, 1981

Opinion on the legal status of the Starr-Iva Water and Sewer Company, Inc. for purposes of South Carolina Retirement System and social security coverage.

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

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August 18, 1981

Opinion on whether local official would be in violation of any law regarding nepotism if individual continues to work as a part-time clerk in the town where individual’s brother has recently been elected mayor (South Carolina Code Section 8-5-10).

Requested by Mrs. Elizabeth B. Foley, City Clerk, McColl.

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August 18, 1981

Opinion on dual office holding (serve as part-time municipal judge and clerk of municipal court).

Requested by Walter M. Bailey, Jr., Esquire, Corporation Counsel, Town of Summerville.

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August 17, 1981

Opinion on payroll deductions of insurance plans for state employees (Section 8-11-80 of the South Carolina Code of Laws (1976).

Requested by Ms. Lena M. Gardner, Summerville Municipal Court.

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August 17, 1981

Opinion concerning the effect of two provisos included in § 16 of the State General Appropriations Act for fiscal year 1981-82 (H2461, R232).

Requested by Mr. Edward M. Shannon, III, Director, South Carolina Tuition Grants Agency.

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August 17, 1981

Opinion on four year waiting period before an additional referendum can be held to change a county’s form of government (Section 4-9-10(c), Code of Laws of South Carolina, 1976).

Requested by The Honorable Robert R. Woods, Member, South Carolina House of Representatives.

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August 17, 1981

Opinion on the constitutionality of Section 2-13-90, Code of Laws of South Carolina, 1976).

Requested by Mr. Thomas S. Linton, Legislative Council of the General Assembly.

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August 17, 1981

Opinion on the provision of Act No. 283 of 1975, the ‘home rule’ legislation, requiring the county council to provide office space and sufficient appropriations to operate a legislative delegation and enclosing prior opinion on this subject.

Requested by The Honorable Billy L. Eaddy, Member, South Carolina House of Representatives.

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August 17, 1981

Opinion regarding at what point in a criminal proceeding does a circuit court have jurisdiction to issue an order pursuant to Section 44-23-410, Code of Laws of South Carolina, 1976, committing a defendant to the State Hospital for examination and observation.

Requested by The Honorable David C. Stephens, Assistant Solicitor, First Judicial Circuit.

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August 14, 1981

Opinion on whether there is any authority for the use of a county summons ticket by the Hampton County Sheriff’s Department in citing the arrest of individuals for minor offenses, such as disorderly conduct (Section 22-3-710, Code of Laws of South Carolina, 1976).

Requested by Sheriff James O. Freeman, Hampton County Law Enforcement Center.

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August 14, 1981

Opinion concerning the legal services agreement between the Public Defender Corporation of Sumter County and certain attorneys in that county (Supreme Court Rule 6).

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

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August 14, 1981

Opinion on whether your office is authorized to reach an agreement with an individual whereby the amount of a judgment imposed against him as a result of a bond estreatment may be decreased.(Sections 17-15-170, et seq., Code of Laws of South Carolina, 1976).

Requested by The Honorable David C. Stephens, Assistant Solicitor, Fifth Judicial Circuit.

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August 13, 1981

Opinion on Solicitor’s court responsibilities regarding local child protective services agency under the Child Protection Act and when do those responsibilities terminate.

Requested by The Honorable William T. Jones, Solicitor, Eighth Judicial Circuit.

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August 13, 1981

Opinion following up on the University of South Carolina’s entitlement to state appropriations for fiscal year 1980-81 based upon USC’s actual full-time equivalent student count.

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

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August 13, 1981

Opinion on whether or not Section 2-1-90 of the Code of Laws gives Chairman of House Education and Public Works Committee the authority to designate someone to serve in Chairman’s stead on the Interagency Council on Public Transportation.

Requested by the Honorable Eugene C. Stoddard, Chairman, House Education and Public Works Committee.

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August 13, 1981

Opinion as to the eligibility of an individual to be appointed to a term of office on the Commission on Women to fill the new term of office which the individual is presently serving.

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

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August 13, 1981

Opinion on whether South Carolina Code § 59-111-50 is constitutional.

Requested by Honorable Alex Harvin III, Assistant Majority Leader, Democratic Majority Office.

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August 12, 1981

Opinion on various questions regarding licensed optometrists and business practices (individual and corporation).

Requested by Dr. Henry V. Sawyer, Secretary, South Carolina Board of Examiners in Optometry.

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August 12, 1981

Opinion on what action is available to a legislative committee when a state licensing board, after submitting a proposed regulation to the General Assembly for review is requested by the committee to withdraw the regulation and the board refuses (Section 1-23-125, S.C. Code of Laws, 1976) and whether ‘Section 25-8 is an expansion of the Code section which describes chiropractic practice and, if so, does the Board of Chiropractic Examiners have the legal authority to expand the scope of practice by regulation.’

Requested by The Honorable Sam Applegate, Member, South Carolina House of Representatives.

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August 12, 1981

Opinion on State statute on parking in private areas.

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

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August 12, 1981

Opinion on whether an individual who has been convicted of the offense of pointing a firearm (rifle) can have the rifle returned to the individual (Section 16-23-410, Code of Laws of South Carolina, 1976).

Requested by The Honorable David C. Stephens, Assistant Solicitor, First Judicial Circuit.

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August 12, 1981

Opinion on whether a civic club, when it raises money by means of a sports event, circus, beauty pageant, etc., must register under § 33–55–40, even though the club makes no specific appeal for charity, i.e., ‘The proceeds from this event will benefit crippled children.’

Requested by Eric Pantsari, Administrator, Public Charities, Office of the Secretary of State.

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August 11, 1981

Opinion on if a chiropractic doctor can be “employed, appointed, or retained” to influence legislation (§ 2-17-10, Code of Laws of South Carolina, 1976).

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

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August 10, 1981

Opinion on whether or not the Greenville Memorial Auditorium District Commission is authorized to donate to Greenville County real property purchased with proceeds of general obligation bonds issued several years ago.

Requested by E. P. Riley, Esquire, Attorney at Law, Greenville.

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August 5, 1981

Opinion concerning the effects of certain clarifications of the veto message of Governor Riley with reference to the General Appropriations Bill, 1981-82 (H-2461, R-232).

Requested by The Honorable Ramon Schwarts, Jr., Speaker of the South Carolina House of Representatives.

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August 5, 1981

Opinion on constitutionality on the following arrangement (group of incorporated municipalities in the Pee Dee area wish to establish a farm marketing center to serve their communities pursuant to Section 46-19-110, et. seq., South Carolina Code of Laws (1976), as amended by Act 104 of 1981, center would be financed by revenue bonds issued in compliance with Section 4-29-10, et. seq., Code, as amended by Act 518 of 1980 and the center would be leased upon completion to a private entity for its operation.

Requested by The Honorable Billy L. Eaddy, Member, South Carolina House of Representatives.

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August 5, 1981

Opinion on dual office holding (serve on the Liberty-Chesnee-Fingerville Water Commission while also serving as a member of the Spartanburg County Council).

Requested by Mr. Joe F. Watson, Spartanburg.

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August 5, 1981

Opinion on dual office holding (serve as County Magistrate and also be appointed to the County Board of Education).

Requested by The Honorable Archibald H. Buchan, Member, South Carolina House of Representatives.

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August 5, 1981

Opinion on dual office holding (serve on the Board of Trustees of the Bamberg County Memorial Hospital and as a Board Member of Bamberg County School District No. 1. County Hospital Boards).

Requested by Doyet A. Early, III, Esquire, Attorney at Law, Bamberg.

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August 5, 1981

Opinion on dual office holding (Assistant Dean of Students at a state college would be eligible for appointment to the Orangeburg County Board of Registration).

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

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August 5, 1981

Opinion on dual office holding (serve as a State Constable and at the same time serve as a reserve police officer).

Requested by The Honorable Charles L. Griffin, III, Member, South Carolina House of Representatives.

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August 4, 1981

Opinion on whether the Family Services Center would be in violation of Section 40-5-370 of the South Carolina Code of Laws (1976) by offering advice and assistance to consumers who have become financially overextended.

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

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August 4, 1981

Opinion on whether or not oral surgeons 1 are eligible for reimbursement under the Medicaid program for performing procedures that are equivalent to those provided by physicians and defined as ‘physicians’ services’.

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

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August 4, 1981

Opinion on as to the effect of the Prison Reform Act (P.R.A.) on the Department of Corrections’ awarding of earned work credits.

Requested by Larry C. Batson, Esquire, Legal Advisor, S. C. Department of Corrections.

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August 3, 1981

Opinion concerning the payment out of last year’s appropriations (fiscal year 1980-81) for the payment of monies to the University of South Carolina for compensation of Full-Time Equivalent students, particularly those from Ft. Jackson, at the University during the preceding fiscal year.

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

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August 3, 1981

Opinion on if a municipality may condemn property outside its corporate limits for the purposes of water distribution.

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

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August 3, 1981

Opinion concerning the payment out of last year’s appropriations (fiscal year 1980-81) for the payment of monies to the University of South Carolina for compensation of Full-Time Equivalent students, particularly those from Ft. Jackson, at the University during the preceding fiscal year.

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

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July 30, 1981

Opinion on the effect of R214 (H2571) and whether the mandate in R214 that military students in senior colleges and universities be included in the full-time equivalent student count for determination of appropriations should be applied to fiscal year 1980-81.

Requested by Mr. Edgar A. Vaughan, Jr., State Auditor.

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July 30, 1981

Opinion concerning provisions of recent legislation, bearing ratification number R148, which establishes a community corrections plan for probationers and parolees.

Requested by The Honorable John R. T. Major, Clerk of Court, Columbia.

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July 29, 1981

Opinion on the constitutionality of § 14, Part II of the 1981-82 General Appropriations Act (House Bill 2461 as amended and ratified by the General Assembly).

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

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July 29, 1981

Opinion on whether or not a county council can create the position of public service director within the provisions of Section 4-9-30(6), Code of Laws of South Carolina, 1976, as amended.

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

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July 29, 1981

Opinion concerning voting procedures under new apportionment legislation.

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

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July 28, 1981

Opinion on how persons may become candidates in a special election to fill a vacancy in the office of the superintendent of education of Oconee County and whether a political party primary is necessary.

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

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July 27, 1981

Opinion on H. 3127 (provides the procedure for electing the Board of Trustees of Summerville School District No. 2).

Requested by The Honorable William Branton, Member, South Carolina House of Representatives.

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July 27, 1981

Opinion on the State’s mandatory retirement age and how it relates to local municipalities (Section 9-1-1530 of the 1976 Code of Laws).

Requested by J. William Taylor, Town Administrator, The Town of Cheraw.

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July 24, 1981

Opinion on dual office holding (a full time member of the National Guard also could serve as the mayor or a council member of a municipality.

Requested by Ms. Deborah H. Minick, Saluda County Registration & Election Office.

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July 24, 1981

Opinion on matters that may be exempt from disclosure under the provisions of Section 30-4-40(a)(3) of the South Carolina Freedom of Information Act.

Requested by Mr. George A. Wood, Town Manager, Town of Kingstree.

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July 24, 1981

Opinion on whether a waiver of extradition as a condition precedent of probation constitutes a valid waiver under the law of extradition.

Requested by Lieutenant William C. Butler, Greenville Sheriff’s Department.

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July 23, 1981

Opinion on when the Governor has the mandatory duty to suspend an official charged with alleged embezzlement of public funds and appoint someone to the position until the suspended official has been acquitted or in case of conviction, the position will be declared vacant to be filled as may be provided by the law (Section 8 of the South Carolina Constitution).

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

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July 23, 1981

Opinion on when the period commences to run for consideration of a bill submitted to the governor in the following circumstances (Title of bill submitted on July 17th; entire bill submitted on July 23rd).

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

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July 22, 1981

Opinion on statutory construction of the provision added to Part I of the 1981-82 Appropriations Act.

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

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July 21, 1981

Opinion on the use of gasoline and auto maintenance facilities by private non-profit human service agencies which will be participating in the Human Services Demonstration Project.

Requested by Robert E. Bridges, Site Manager, South Carolina Human Services Demonstration Project.

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July 21, 1981

Opinion on dual office holding (serving as Mayor of Sumer and as a member of the Tuomey Hospital Board).

Requested by The Honorable W. A. McElveen, Jr., Mayor, City of Sumter.

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July 21, 1981

Opinion on classification of a moped which exceeds twenty miles per hour and also lacks pedals.

Requested by Terri L. Williams-Watts, Administrative Assistant to the Chief, Columbia Police Department.

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July 21, 1981

Opinion on dual office holding (serving as a member of the St. Andrews Parks and Playground Commission of Charleston County and as a probation officer).

Requested by Elsie T. Kirby, Executive Secretary, Charleston County Legislative Delegation.

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July 21, 1981

Opinion on dual office holding (serving as a member of the Agriculture Commission and as a member of the Agricultural Study Committee).

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

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July 21, 1981

Opinion on whether or not the assessment provided for in Act No. 82 of the 1981 Acts and Joint Resolutions of the South Carolina General Assembly amending Section 39–33–10 et seq., of the South Carolina Code (1976) apply to milk which is processed and/or packaged in South Carolina but is sold out of State.

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

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July 20, 1981

Opinion on whether or not the Aiken County Council is authorized to allocate monies from the county general fund for distribution and disbursement by individual members.

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

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July 20, 1981

Opinion following up on a June 25, 1981 opinion on Section 15-10 of the Spartanburg County Code (regarding responsibility of Spartanburg County Administrator).

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

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July 20, 1981

Opinion on whether or not the issuance of bond anticipation notes secured by bond proceeds is sufficient to comply with the requirement of Act No. 194 of 1979 [61 STAT. 446 (1979).

Requested by Theodore B. Guerard, Esquire, Guerard and Applegate, Charleston.

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July 20, 1981

Opinion on whether an individual who has been appointed to be a constable, which I presume to be an appointment as a State constable, and who serves as an ambulance attendant at the Cherokee County Memorial Hospital may be permitted to do private security work at the hospital as part of his employment.

Requested by Gary E. Clary, Esquire, Gaffney.

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July 17, 1981

Opinion on the constitutionality of an act of the General Assembly which alters the boundaries of the James Island Park and Playground Commission.

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

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July 17, 1981

Opinion on whether the property of a regional housing authority exempt from property taxation.

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

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July 16, 1981

Opinion on whether Greenville County School District can employ a registered architect as a full-time employee, and utilize architectural plans developed by an independent architect for the construction of a number of future school construction projects.

Requested by The Honorable Philip T. Bradley and The Honorable Beattie E. Huff, Members, South Carolina House of Representatives.

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July 15, 1981

Opinion on certain aspects of Orangeburg County’s proposed acquisition of office space (whether or not Orangeburg County can obligate itself on a long term lease).

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

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July 15, 1981

Opinion concerning the impact on municipal annexations of the decision entitled Hayward v. Clay, 273 F.2d 187 (U.S. Circuit Court of Appeals for the Fourth Circuit, 1978).

Requested by Mr. James F. Hendrix, State of South Carolina Election Commission.

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July 14, 1981

Opinion on the legal status of the Dorchester County Water Authority with reference to Social Security coverage through the State Retirement System.

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

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July 14, 1981

Opinion on the possible change in the status of the Spartanburg County Historic Preservation Commission.

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

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July 14, 1981

Opinion on the inclusion of language in the 1981-1982 McCormick County budget ordinance providing that any vacancy occurring in any department is to be refilled only upon written permission of the McCormick County Council.

Requested by Ms. Jewel P. McGrath, McCormick County Auditor.

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July 14, 1981

Opinion on constitutionality of bill S 573 (which if enacted would provide that a vacancy in the office of county sheriff is to be filled by appointment by the Governor ‘until the next general election’ instead of until the next general election ‘for county sheriffs’.

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

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July 14, 1981

Opinion concerning the authority of the Beaufort Township Magistrate to handle City of Beaufort Municipal Court matters.

Requested by James C. Sanders, Esquire, Beaufort.

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July 13, 1981

Opinion on whether, when a person has committed an act which would support a charge of either driving left of center or of driving under the influence, an election must be made in magistrates’ or municipal court between the two offenses.

Requested by Mr. Wallace Oswald, Chief, Batesburg Police Department.

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July 13, 1981

Opinion on dual office holding (serve as County Attorney and the Master In Equity for Horry County).

Requested by John P. Henry, Esquire, Thompson & Henry, Conway.

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July 10, 1981

Opinion on whether the Jasper County Hospital Commission (hereinafter the Commission) may contract with a hospital management firm and thereby bind Jasper County to pay the contract amount.

Requested by Joseph N. Malphrus, Esquire, Ridgeland.

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July 9, 1981

Opinion regarding follow-up question on term limits for Summerville Public Works Commissioner.

Requested by Walter M. Bailey, Jr., Attorney, Town of Summerville.

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July 9, 1981

Opinion on whether the Office of Economic Opportunity, a division of the Governor’s Office, may sell copies of a video tape produced by the Division and keep the funds from the sale within the Division for future tapings.

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

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July 9, 1981

Opinion on term limits for Summerville Public Works Commissioners (Section 5-31-210 of the South Carolina Code of Laws, 1976.

Requested by Mr. Walter M. Bailey, Jr., Attorney, Town of Summerville.

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July 9, 1981

Opinion concerning the issuance of a corporate charter in the name of a society on March 19, 1981, when there was already in existence an eleemosynary corporation with the same name chartered in perpetuity by an Act of December 16, 1824.

Requested by Mr. John T. Campbell, Secretary of State, South Carolina.

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July 8, 1981

Opinion on H 2461, whether the Clerk of the Court for Clarendon County is to receive the salary supplement appropriated for the office of the probate judge (office of Judge of Probate was abolished in 1931 in Clarendon County).

Requested by Honorable Gerald W. Burnett, Deputy Comptroller.

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July 8, 1981

Opinion on existing state law in connection with telephone cooperatives (what statutory authority is a telephone cooperative chartered and other questions).

Requested by The Honorable Ramon Schwartz, Jr., Schwartz & DuRant, Sumter.

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July 7, 1981

Opinion concerning the requirements of the South Carolina Freedom of Information Act, Section 30–4–10, et. seq.

Requested by Dudley Saleeby, Jr., Solicitor, Twelfth Judicial Circuit.

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July 7, 1981

Opinion on whether public defenders and assistant public defenders [both hereinafter referred to as public defenders] may participate in the State Deferred Compensation Program.

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

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July 7, 1981

Opinion regarding the South Carolina Alcoholic Beverage Control Commission from maintaining certain interests in the alcoholic beverage industry (Section 61-1-65, Code of Laws of South Carolina, 1976, as amended).

Requested by The Honorable Dalton Sheppard, Jr., Member, South Carolina House of Representatives.

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July 7, 1981

Opinion on the provision of Act No. 283 of 1975, the ‘home rule’ legislation, requiring the county council to provide office space and sufficient appropriations to operate an office for the county legislative delegation and enclosing prior opinions on the subject.

Requested by The Honorable D. M. McEachin, Jr., Member, South Carolina House of Representatives.

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July 7, 1981

Opinion on whether an association of chiropractors would be permitted to incorporate under the general corporate statutes of this State.

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

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July 6, 1981

Opinion on whether the provisions of ACT 488 repeal by implication statutory references to the Insurance Commission in the numerous sections of Title 38 not specifically amended by that Act.

Requested by Mr. John G. Richards, V., Deputy and Secretary to the Insurance Commission.

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July 6, 1981

Opinion on whether Section 4–9–39 provides authority to the governing body of a county to levy a property tax for the support of a county library system conflicts with Article X, § 3(g) of the South Carolina Constitution.

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

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July 6, 1981

Opinion on whether the addendum was authorized by the Standard Specifications sections 101.29 and 101.57 and attaches prior opinion on same subject (Department was authorized by statute to contract for the proper discharge of its functions and duties and that the right of contract included the right to agree upon designated terms).

Requested by The Honorable Hugh K. Leatherman, Sr., Member, South Carolina Senate.

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July 6, 1981

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

Requested by C. David Sawyer, Jr., Esquire, Griffith, Coleman, Sawyer & Griffith, Saluda.

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July 6, 1981

Opinion on who should pay bills for legal services rendered by Commission member filling in temporarily as legal counsel to the Commission.

Requested by Mr. Clyde H. Turner, Chairman, St. Andrews Public Service District Commission.

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July 2, 1981

Opinion concerning the length of time that a member of the Spartanburg Area Community Mental Health Board of Trustees, who have accepted one full term, must remain off the Board before becoming eligible for reappointment for another term (Section 44-15-60, Code of Laws of South Carolina, 1976, as amended).

Requested by Mr. C. Robert Faucette, Secretary-Treasurer, Spartanburg Area Community Mental Health Board of Trustees.

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July 2, 1981

Opinion on whether or not expenses for auxiliary services at The Citadel, i.e., charges for laundry, room, board, and the like, are included within the term ‘tuition and fees’ as those terms are used in Section 59-111-10.

Requested by Colonel W. C. Gibbons, Jr., Acting Vice President for Financial Management, The Citadel.

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July 1, 1981

Opinion confirming a member of the State Highways and Public Transportation Commission is considered a State Officer and attaching prior opinions on this subject.

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

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July 1, 1981

Opinion on whether the Attorney General can commence a declaratory judgment action concerning the constitutionality of various acts requiring the Charleston County Legislative Delegation to approve the budgets of certain public service districts and political subdivisions within the County.

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

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July 1, 1981

Opinion on whether physical therapists are members of a ‘profession’ and therefore barred from incorporating under the ordinary corporation laws of the state.

Requested by Kenneth F. Smith, Esquire, Buist, Moore, Smythe & McGee, Charleston.

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June 30, 1981

Opinion on if all persons representing Anderson County would have votes equal to each other for purposes of the legislative delegation for Anderson County.

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

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June 29, 1981

Opinion on whether The Citadel may enter into an elevator maintenance contract which is separate from the ‘umbrella’ maintenance contract made by the State, through the Division of
General Services.

Requested by Mr. Tony R. Ellis, Director, Procurement and Supply Services, Division of General Services.

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June 26, 1981

Opinion on whether or not a shipyard engaged in the business of repairing ships and a nuclear fuel reprocessing plant used solely for research industrial customers within the parameters of Section 12–23–20 of the 1976 Code.

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

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June 26, 1981

Opinion on whether contracts entered into by school districts, municipalities and other political subdivisions establishing employee deferred compensation plans independent of the Deferred Compensation Program are lawful and valid.

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

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June 26, 1981

Opinion on whether the law prohibits the son-in-law of a county council member from serving as a law clerk in your office.

Requested by J. Lewis Cromer, Esquire, Richland County Attorney.

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June 26, 1981

Opinion on review of H.2936 (R182) for constitutional weakness.

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

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June 25, 1981

Opinion on the legal status of the Swamp Fox Country Tourism Commission and whether it is an ‘employer’ within the meaning of § 9-1-10(5). The Commission was created by Act No. 1145 of 1974.

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

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June 25, 1981

Opinion on the constitutionality of § 59-19-510, Code of Laws of South Carolina, 1976, and to the constitutionality of sixteen other state statutes in the area of education.

Requested by Mr. William A. Pollard, Attorney at Law, Columbia.

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June 25, 1981

Opinion on whether a teacher who retires under the provisions of § 9-1-1650, 1976 Code of Laws of South Carolina, is eligible for coverage under the State Group Health Insurance Program.

Requested by Mr. Blinzy L. Gore, Claflin College.

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June 25, 1981

Opinion on status of the Tri-County Commission on Alcohol & Drug Abuse and whether it is an ‘employer’ within the meaning of § 9-1-10(5), 1976 Code of Laws.

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

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June 25, 1981

Opinion on whether or not it is prohibited in providing copies of the workpapers prepared by the Office of the State Auditor, pursuant to the audit of concessionaires in connection with the University of South Carolina athletic events.

Requested by William B. Floyd, CPA, Director of State Audits, Office of the State Auditor.

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June 25, 1981

Opinion on whether law enforcement officers, using dogs trained to search for narcotics, may enter the public schools for the purpose of sniffing out narcotics stored in lockers and in a student’s personal possession.

Requested by Sheriff Frank Powell, Columbia.

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June 24, 1981

Opinion on whether materials from the files of the Board of Commissioners on Grievances and Discipline must be made available to the complaining party or other interested person under the Freedom of Information Act.

Requested by Board of Commissioners on Grievances and Discipline.

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June 24, 1981

Opinion concerning the effects of South Carolina Code § 2-15-120 on the State Reorganization Board and Legislative Audit Council.

Requested by Mr. Philip G. Gross, Jr., Director, State Reorganization Commission and Mr. George L. Schroeder, Director, Legislative Audit Council.

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June 23, 1981

Opinion on whether the Medical University should adopt an ‘anti-nepotism’ policy.

Requested by Dr. William H. Knisely, President, Medical University of South Carolina.

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