1982 Opinions

December 30, 1982

Opinion regarding the withdrawal by the Dairy Commission of regulations which it promulgated and filed with the General Assembly on April 5, 1982.

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

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December 29, 1982

Opinion on who should be responsible for the prorating of an inmate’s sentence when a portion of his fine has been paid.

Requested by: Larry Batson, Esquire, Legal Advisor, South Carolina Department of Corrections

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December 28, 1982

Opinion concerning if a special election needs to be called in order to fill the vacancy of Chairman of the Georgetown County Board of Education.

Requested by: The Honorable William W. Doar, Jr.

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December 22, 1982

Opinion regarding the sufficiency of a straw bond in a claim and delivery action in magistrate’s court.

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

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December 21, 1982

Opinion concerning the present law affecting State Institution Bonds.

Requested by: Huger Sinkler, Esquire, Sinkler, Gibbs & Simons

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December 20, 1982

Opinion as to whether or not a mayor is authorized to veto action taken by a municipal council.

Requested by: Honorable M. Lois Eargle, Member, House of Representatives

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December 20, 1982

Opinion regarding a proposed industrial revenue bond issue for an industrial park project and whether it is permissible under §§ 4-29-10 et seq., CODE OF LAWS OF SOUTH CAROLINA, 1976 (Cum.Supp.).

Requested by: John W. Foster, Esquire, Attorney at Law

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December 17, 1982

Opinion as to the legal propriety of a proposed tuition change and fund transfer by Clemson University, and whether the Board is authorized to approve such actions.

Requested by: Honorable Richard W. Riley, Chairman, State Budget and Control Board

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December 17, 1982

Opinion as to whether the election of a member of the 3M Committee to serve in the ex officio position of member on the Board of Trustees of the Medical University must be preceded by a separate consideration of the question whether to oust the chairman of this position.

Requested by: The Honorable B.L. Hendricks, Jr., Chairman, Medical, Military, Public & Municipal Affairs Committee

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December 16, 1982

Opinion regarding a Memorandum which concludes that ‘[t]he obtaining, on an individual basis, of the signatures of a majority of the members of a legislative committee upon a letter does not constitute an ‘election’ pursuant to § 2-1-90.’

Requested by: The Honorable B.L. Hendricks, Jr., Chairman, Medical, Military, Public & Municipal Affairs Committee

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December 15, 1982

Opinion regarding the Justice Department’s objection to the plan for Marion County and absence of a ruling for the reconsideration of that plan.

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

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December 14, 1982

Opinion concerning the action of the Budget and Control Board in its decision upon the issue of whether or not the First Baptist Church of Moncks Corner could maintain a school for children under the age of seven on the second floor of its building in Moncks Corner.

Requested by: Mr. David A. MacLellan, Chief, Sea Pines-Forest Beach, Chairman, State Fire Commission

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December 14, 1982

Opinion concerning the lawfulness of Dr. Hulteen’s designation of himself as a ‘Board Qualified Orthopedist’ and as a ‘Chiropractic Orthopedist’ on his letterhead as well as the propriety of Dr. John Potente’s using the term ‘Family Practice of Chiropractic’ on his letterhead.

Requested by: Mr. N.B. Heyward, Executive Director, SC State Board of Medical Examiners

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December 14, 1982

Opinion concerning the proper charge to be made against any individual who is apprehended for driving on the highways of this State after his fixed suspension time for driving under the influence has expired and after he has filed with the Department proof of financial responsibility, but before the Department has reinstated his driver’s license.

Requested by: Ron Joye, Administrative Assistant, Driver License Records

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December 14, 1982

Opinion concerning use of the ‘clemency’ powers of the Parole Board to reduce sentences.

Requested by: Honorable Grady A. Wallace, Director, SC Department of Parole & Community Corrections

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December 14, 1982

Opinion concerning the feasibility of a work program for municipal convicts.

Requested by: Mrs. Darene Stankus, Personnel Director, City of Florence SC, City-County Complex

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December 13, 1982

Opinion regarding whether the Greenville County Council may adopt an ordinance providing for the nonpartisan election of council members without affecting the election of other officials and whether the Council may adopt an ordinance requiring nonpartisan offices to be placed at the beginning of the ballot.

Requested by: Deborah C. Westbrook, Esq., Assistant County Attorney

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December 13, 1982

Opinion regarding the Aiken County Council’s authority vis a vis the Belvedere Water & Sewer District.

Requested by: Robert M. Bell, County Attorney, County of Aiken

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December 10, 1982

Opinion on the question of whether it would be a violation of the dual office holding provisions of the South Carolina Constitution for a county councilman to also serve as town attorney.

Requested by: Paul M. Burch, Esquire, Attorney at Law

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December 10, 1982

Opinion as to now to replace Conservation District Commissioners who intend to resign from office.

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

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December 09, 1982

Opinion regarding a question which concerns the application of Sections 59–123–40 and 2–1–90, Code of Laws, 1976.

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

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December 09, 1982

Opinion concerning a bill your Committee has received, H.2009, to amend Section 44-53-580 of the 1976 Code of Laws.

Requested by: Mr. Chuck Shafer, Committee Research Intern, Medical, Military, Public and Municipal Affairs Committee, House of Representatives

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December 09, 1982

Opinion regarding the enforcement of traffic violations and other Magistrate level criminal violations.

Requested by: Mr. Charles W. Tarbutton, Chief of Police, Campobello Police Department

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December 08, 1982

Opinion concerning whether or not the oath or office taken to uphold the Constitution of South Carolina would bind a senator not to have senatorial districts that divide a county.

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

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December 07, 1982

Opinion as to several matters relating to a South Carolina school district’s enrolling and transporting students residing in North Carolina.

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

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December 07, 1982

Opinion concerning a proposed bill which would amend Section 23-23-30, of the Code of Laws, 1976, by adding two additional members to the Law Enforcement Training Council.

Requested by: Ms. Cyndi Woodbury, Committee Research Intern, Medical, Military, Public and Municipal Affairs Committee, House of Representatives

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December 03, 1982

Opinion regarding school attendance when a minor has been ordered to live with a grandparent in a school district that will not allow the minor to attend.

Requested by: Honorable Fox Cahaly, Judge, Family Court

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December 02, 1982

Opinion regarding the constitutionality of the following provision relating to the Health Care Planning and Oversight Committee (‘Committee’), which provision is contained in the 1982-83 General Appropriation Act.

Requested by: Honorable John C. Williams, Jr., Chairman, South Carolina Board of Social Services

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November 30, 1982

Opinion concerning whether § 59-69-260, Code of Laws of South Carolina, 1976, would prevent a member of a particular local school board of Lancaster County from doing business with the Lancaster County Schools.

Requested by: Robert Wilson Davis, Esquire

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November 30, 1982

Opinion concerning disposition of revenue received from the sale of contraband beer and wine, seized pursuant to § 61-9-100, Code of Laws of South Carolina, 1976, as amended.

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

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November 29, 1982

Opinion concerning whether the Probate Judge of Colleton County may serve ex officio as Master-In-Equity.

Requested by: The Honorable Jackson V. Gregory

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November 24, 1982

Opinion as to the application of the South Carolina nepotism statute, Code Section 8-5-10.

Requested by: Jane H. Livingston, Personnel Director, South Carolina Educational Television

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November 22, 1982

Opinion concerning the challenges of compliance with Rule 4, Section 2, requiring deletion of irrelevant matter from the Transcript of Record.

Requested by: Honorable Woodrow Lewis

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November 19, 1982

Opinion as to whether various State constables and detectives appointed by the Governor pursuant to Section 23–1–60 must be reappointed in view of the fact that Governor Riley will succeed himself as Governor for the next ensuing term during the month of January.

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

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November 19, 1982

Opinion concerning the dual office holding provisions of our State Constitution.

Requested by: Mr. Thurmond Bishop, Messrs. Bishop and Hughston, Attorneys at Law

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November 19, 1982

Opinion regarding the anticipated State aid which a school district expects to receive for Fiscal Year 1983-84 in the Appropriations Bill, and whether or not it may be utilized to meet budget reductions in the present Fiscal Year.

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

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November 18, 1982

Opinion regarding whether the MUSC Board of Trustees may establish a policy requiring employees, including faculty, to take annual leave at times convenient to the institution.

Requested by: Marion E. Woodbury, Vice President for Finance, Medical University of South Carolina

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November 18, 1982

Opinion concerning if an arrestee with a Breathalyzer reading in excess of .10 be can released immediately and, if so, who would be responsible for his safety and the safety of others who might come in contact with him.

Requested by: Robert E. Courtney, Director, Orangeburg-Calhoun Regional Detention Center

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November 17, 1982

Opinion as to whether a privately owned and operated wrecker would come within the definition of an ‘authorized emergency vehicle’ as defined by § 56-5-170, Code of Laws of South Carolina, 1976, as amended.

Requested by: The Honorable Wendell O. Adams, Magistrate

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November 15, 1982

Opinion as to whether or not an area which is separated into two parts by a creek nevertheless remains contiguous for the purpose of incorporation, my opinion is that it most probably does.

Requested by: Honorable D. L. Aydlette, Jr., Member, House of Representatives

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November 09, 1982

Opinion if the license is required by § 52–15–245 on all locations having ten or more coin-operated devices transferable from one location to another.

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

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November 09, 1982

Opinion regarding upon what property may the fees provided by Section 12–37–235 be levied.

Requested by: Hubbard W. McDonald, Jr., Esq.

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November 09, 1982

Opinion on the question of whether a person serving concurrently as a State Highway Patrolman and as a member of the Lancaster County Airport Commission would be in violation of the dual office holding provisions of the South Carolina Constitution.

Requested by: Philip E. Wright, Esquire, Richards and Wright

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November 08, 1982

Opinion regarding if a school district may adopt a policy requiring a pregnant teacher to stop teaching at the end of her sixth month of pregnancy and if there is a specific amount of maternity leave provided for or allowed by our statutes other than the ninety days in which a job must be held open for a person who is ill.

Requested by: Honorable Joseph F. Anderson, Jr.

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November 08, 1982

Opinion concerning the validity of several provisions of the rules and regulations proposed by the South Carolina State Cemetery Board and submitted to the General Assembly for its review.

Requested by: Mr. Dave Murday, Committee Research Assistant, Medical, Military, Public & Municipal Affairs Committee, House of Representatives

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November 05, 1982

Opinion concerning the possibility of a circuit judge ordering defendants to return to a Pre-Trial Intervention Program once they have been dismissed from the program.

Requested by: Ms. Mary Z. Ramsey, Berkeley Country Health Department

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November 03, 1982

Opinion regarding whether or not the use of interest earned on school bond proceeds issued pursuant to Sections 59-71-10 et seq., CODE OF LAWS OF SOUTH CAROLINA, 1976, as amended (the ‘School Bond Act’), is restricted to the payment of debt service, my opinion is that it is not so restricted as herein below discussed.

Requested by: D. Laurence McIntosh, Esquire, Attorney at Law

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November 01, 1982

Opinion concerning distribution of various fines, license and permit fees and filing fees received by the Alcoholic Beverage Control Commission.

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

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November 01, 1982

Opinion concerning whether or not an elected municipal council member may give a general proxy vote to another council member to be used at all times and for all purposes when the member giving the proxy is not present at council meetings.

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

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November 01, 1982

Opinion as to whether the University of South Carolina may enter a term contract for the purchase of personal computers.

Requested by: Mrs. Barbara A. McMillian, Director, Contracts and Audit Management, Materials Management Office, Budget & Control Board, Division of General Services

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November 01, 1982

Opinion concerning the issuance of licenses to peddlers and hawkers under Section 40-41-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, as amended.

Requested by: Honorable Edith C. Padget, Clerk of Court, Saluda County Courthouse

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November 01, 1982

Opinion regarding whether or not Senate Security, or other law enforcement agencies operating in the Capitol Complex, could arrest individuals loitering in State office buildings, in violation of Section 2-2039, Ordinances of the City of Columbia.

Requested by: The Honorable Harry M. Coker, Sergeant-at-Arms of the Senate, State House

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November 01, 1982

Opinion regarding position of ‘member emeritus’ of the State Ports Authority does not constitute an office as used in the dual officeholding provision of the Constitution of South Carolina.

Requested by: Mr. Joseph P. Riley, Sr., Joseph P. Riley Estate and Insurance Company

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October 27, 1982

Opinion concerning the ‘Guidelines for Special Contract Services’ issued by the State Budget and Control Board’s Personnel Division.

Requested by: Dr. William M. Newberry, Jr., Medical University of South Carolina

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October 27, 1982

Opinion concerning the proposed early release of inmates at the county detention center whose sentences end between 8:00 Friday and midnight the following Sunday to be released on the Friday at 8 o’clock p.m.

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

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October 27, 1982

Opinion regarding the extent of liability of Williamsburg County or the Williamsburg County Sheriff’s Department for the payment of medical bills ‘for prisoners or persons in custody at the Williamsburg County Memorial Hospital.’

Requested by: Mr. W.E. Jenkinson, III, County Attorney, Jenkinson & Jenkinson

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October 25, 1982

Opinion concerning if residential homes can be classified for purposes of taxation as either residential or agricultural property when a corporation furnishes residential housing to two of three equal stockholders.

Requested by: Honorable J. Leroy Marlow, Spartanburg County Assessor

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October 25, 1982

Opinion concerning the reassessment appeals process, specifically if an appellant must pay his tax bill within the time required and should tax bills be sent to those individuals who are appealing their assessment.

Requested by: J. Lewis Cromer, Esq., Richland County Attorney

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October 25, 1982

Opinion concerning (1) whether the State Employee Grievance Procedure Act of 1982 (Act No. 402 of 1982) applies to the Director of a Community Mental Health Center and (2) whether, as a corollary of its right to employ him or her, a Community Mental Health Board has the authority to terminate at will the employment of the Director of a Community Mental Health Center.

Requested by: William S. Hall, M.D., State Commissioner, Department of Mental Health

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October 22, 1982

Opinion as to whether or not a commercial catfish grower is required to have a commercial fishing license pursuant to Section 15-13-1135.

Requested by: Pat Ryan

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October 22, 1982

Opinion on the question of whether the dual office holding provisions of the South Carolina Constitution prohibit a person from serving simultaneously on the Calhoun County District School Board of Trustees and on the County Board of Voter Registration.

Requested by: Charles W. Whetstone, Jr., Esquire, Felder and Whetstone

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October 21, 1982

Opinion regarding whether the Alcoholic Beverage Control laws in South Carolina prohibit I.H.C. Corporation [an out-of-state corporation] from holding a sale and consumption license.

Requested by: The Honorable Elliott D. Thompson, Commissioner, South Carolina Alcoholic Beverage Control Commission

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October 20, 1982

Opinion regarding the validity of an alteration of the millage rate for Aiken County Schools by the County Board of Education.

Requested by: The Honorable Thomas L. Moore, Chairman, Aiken County Legislative Delegation

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October 20, 1982

Opinion as to whether the successful completion of the Assessments of Performance in Teaching (APT) evaluation is required for trades and industrial (T & I) teachers during the first year of teaching as a condition for continued employment.

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

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October 20, 1982

Opinion as to whether the scheduling of a referendum in Jasper County should have been approved by the Jasper County Council.

Requested by: The Honorable Juanita M. White, Representative, District 122

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October 20, 1982

Opinion regarding whether a police officer may be appointed as an election registrar without violating the dual office holding provisions of the South Carolina Constitution.

Requested by: Mr. Joseph Newton, Town Administrator, Town of Pageland

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October 20, 1982

Opinion regarding the South Carolina Reinsurance Facility and the ability of designated carriers to terminate the authority of designated agents to write business for such carriers.

Requested by: L. Kennedy Boggs, Esquire, General Counsel, South Carolina Department of Insurance

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October 19, 1982

Opinion on whether a person serving concurrently as a State Highway Patrolman and as a member of the Lancaster County Airport Commission would be in violation of the dual office holding provisions of the South Carolina Constitution.

Requested by: Philip E. Wright, Esquire, Richards and Wright

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October 18, 1982

Opinion concerning the legal effect of an attempted consolidation of school districts in Hampton County.

Requested by: The Honorable H.E. Rushing, Chairman, South School District No. 2, Hampton County

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October 18, 1982

Opinion on whether a special election to fill a vacancy on the Tega Cay municipal council can be combined with the upcoming general federal, state and county election by the utilization of the same poll managers, voting booths, and voting place.

Requested by: Mr. John O. Dyer, Chairman, Tega Cay Election Commission

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October 15, 1982

Opinion concerning if the addition of a carbon dioxide to a bottled natural fruit juice would be considered as an addition of artificial flavoring and thus disqualify such juice from the soft drink tax exemption as provided for by Section 12–21–1880.

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

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October 15, 1982

Opinion as to whether public school attendance supervisors are required to be paid on the basis of the State Minimum Salary Schedule provided for certified teachers in the Education Finance Act

Requested by: The Honorable Marshall B. Williams, Senator, District 13

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October 14, 1982

Opinion concerning the power of the county election commission to designate voting places.

Requested by: Joseph S. Mendelsohn, Esquire

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October 14, 1982

Opinion on the question of whether the dual office holding provisions of the South Carolina Constitution prohibit a person from serving concurrently as a State Highway Patrolman and as a member of the North Charleston Public Service District Commission.

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

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October 14, 1982

Opinion as to whether the Dorchester County Council may levy a tax of 1 mill for the Little Walnut-Tom and Kate Branch Watershed District when the district already has a surplus of funds and does not anticipate that any tax levy will be needed in its behalf in the coming fiscal year.

Requested by: Mr. Roy L. Weathers

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October 13, 1982

Opinion regarding whether a water district created in 1955 by the General Assembly is still a valid entity, and whether the Act may be amended so that its functions would be appropriate for the County Council form of government.

Requested by: W. Jerry Fedder, Esquire, Fedder, Derrick, Ritter & Williams

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October 13, 1982

Opinion regarding whether the sale on Sunday of certain items is prohibited by South Carolina Code of Laws, Sections 53-1-40 and 53-1-60, if 50 percent of the profit from these sales is given to charity and 50 percent is retained by the merchants making the sales.

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

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October 12, 1982

Opinion concerning the Insurance Commission terminating agents and how the recent Supreme Court decision of G-H Insurance Agency, Inc. v. Continental Insurance Company, Opinion Number 21765, Filed July 22, 1982, effects the compulsory insurance law in South Carolina.

Requested by: The Honorable D.L. Aydlette, Jr., Member, House of Representatives

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October 08, 1982

Opinion on whether the employees of the South Carolina Commission on Continuing Lawyer Competence may participate in the Deferred Compensation Program established by §§ 8-23-10 to 8-23-100, Code of Laws of South Carolina, 1981 Cumulative Supplement.

Requested by: Purvis W. Collins, Chairman, SC Deferred Compensation Commission

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October 08, 1982

Opinion regarding the issuance of general obligation bonds by one of the Hampton County school districts, Act No. 247 of 1982.

Requested by: A.G. Solomons, Jr., Attorney at Law

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October 06, 1982

Opinion concerning the will of Spartan D. Granger, especially in relation to certain legacies which have lapsed because of death of the legatees are to be distributed in accordance with the residuary clause of the will or whether the lapsed shares become intestate property.

Requested by: The Honorable Ralph W. Drake, Judge of Probate

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October 06, 1982

Opinion concerning the ability of designated carriers to terminate the authority of designated agents (producers) to write business for such carriers.

Requested by: L. Kennedy, Boggs, Esquire, General Counsel, South Carolina Department of Insurance

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October 06, 1982

Opinion regarding the legality of the Worker’s Compensation Premium Tax, codified as 42-5-140, Code of Laws of South Carolina, (1976).

Requested by: Edward E. Saleeby, Senator, Darlington County

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October 05, 1982

Opinion concerning assistance of municipal police officers outside corporate limits, which both counties and incorporated municipalities have the ability to contract.

Requested by: Philip E. Wright, Esquire, Lancaster County Attorney, Richards and Wright

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October 04, 1982

Opinion concerning the construction of Act No. 418 of 1982 Acts and Joint Resolutions [§ 61-9-61] and its applicability to certain situations.

Requested by: Ms. Carolyn K. Richardson, Administrative Assistant, Alcohol & Drug Abuse Committee

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September 30, 1982

Opinion concerning whether a proviso for the School for the Deaf and Blind in the 1983 Appropriations Act which allows the school to contract for a physician would make that doctor a state employee.

Requested by: Dr. A. Baron Holmes, IV, President, South Carolina School for the Deaf and Blind

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September 29, 1982

Opinion regarding the proper basis for determining millage for a political subdivision.

Requested by: Robert L. Waldrep, Jr., Esq., Attorney for Anderson County Board of Education

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September 29, 1982

Opinion as to the consequences, if any, would coverage of the State agencies and political subdivisions have on the South Carolina Supreme Court’s consideration of the defense of sovereign immunity now available to these entities.

Requested by: Mr. William A. Moore, CPCU, Insurance Reserve Fund Officer, Division of General Services

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September 28, 1982

Opinion concerning the method of appointment of the Commissioners of the Pendleton Historical and Recreational Commission.

Requested by: The Honorable Alexander S. Macaulay, South Carolina Senate

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September 28, 1982

Opinion as to provisions in the 1983 Appropriations Act and the Education Finance Act (§ 59-20-60(3)(b)) regarding the establishment of advisory councils at schools.

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

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September 28, 1982

Opinion concerning the legal responsibility of sheriffs for county jails and county governments’ powers regarding fees charged by the sheriffs, the office of sheriff for each county was created by Article V, Section 30, South Carolina Constitution.

Requested by: Jeffrey B. Moore, Executive Director, South Carolina Sheriff’s Association

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September 28, 1982

Opinion as to what disposition would be made of the property of the Tri-County Commission on Alcohol & Drug Abuse in the event of its dissolution.

Requested by: Mr. Richard S. Fowler, Director, Tri-County Commission on Alcohol & Drug Abuse

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September 27, 1982

Opinion as to the authority of the State Fire Commission and the State Pyrotechnic Safety Board to promulgate regulations for the sale, transportation, storage, and use of permissible fireworks within this State.

Requested by: Mr. David A. MacLellan, Chief, Chairman, State Fire Commission

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September 27, 1982

Opinion regarding the General Assembly amending the criminal bond law.

Requested by: J. Leon Gasque, Assistant Director, State Law Enforcement Division

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September 27, 1982

Opinion regarding if it is a violation of the dual office holding provisions of the South Carolina Constitution for a person to serve concurrently as a member of the St. Andrews Parks and Playground Commission and as a probation officer.

Requested by: Mr. Gerald L. Haulbrooks

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September 27, 1982

Opinion on the question of whether a person serving concurrently as a Deputy Conservation Officer and on the Jasper Soil and Water Conservation District Commission would be in violation of the dual office holding provisions of the South Carolina Constitution.

Requested by: The Honorable Gordon Wells, Chairman, Jasper Soil and Water Conservation District

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September 27, 1982

Opinion regarding constables appointed without additional compensation.

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

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September 24, 1982

Opinion as to what the Town of Sullivan’s Island might legally be able to do to protect certain batteries on Sullivan’s Island from vandalism and other unlawful actions.

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

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September 24, 1982

Opinion concerning the validity of the appointment by the Governor of three members, of the North Charleston Sewer Commission for terms of one year.

Requested by: James E. Gonzales, Esq., Attorney, City of North Charleston

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September 24, 1982

Opinion regarding the question of whether the dual office holding provisions of the South Carolina Constitution prohibit a deputy sheriff from also serving as a member of a county school board.

Requested by: The Honorable John C. Lindsay, Senator, District No. 9

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September 24, 1982

Opinion on the question of whether the dual office holding provisions of the South Carolina Constitution prohibit a person from serving concurrently on the Florence County Election Commission and the South Carolina Commission on Aging.

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

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September 24, 1982

Opinion as to the eligibility of the Commission created by Anderson County Ordinance No. 91, adopted August 3, 1982, to receive grants through your office for the Community Services Block Grant program.

Requested by: John R. Rumford, Deputy Director/Planning, Division of Economic Opportunity, Governor’s Office of Executive Policy and Programs

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September 23, 1982

Opinion as to whether local school districts could adopt any of several alternatives for reducing teacher salaries as a means of complying with the Budget and Control Board’s 4.6% cut in funds for the Education Finance Act (§ 59-20-10, et seq. of The Code of Laws of South Carolina (1976)).

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

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September 23, 1982

Opinion as to the interpretation of Section 166, Part I, 1982-83 Appropriations Act.

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

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September 23, 1982

Opinion as to the proper method of appointment of members of eight boards or commissions in Newberry County.

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

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September 23, 1982

Opinion regarding whether the Charleston County Legislative Delegation should continue to enact local legislation for Charleston County, levying a tax for Charleston County to make up Charleston County’s share of the operational budget of the Trident Technical College.

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

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September 22, 1982

Opinion on whether or not a school board or the State Department of Education may charge students for bus transportation to the public schools.

Requested by: The Honorable Virginia L. Crocker, SC House of Representatives

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September 20, 1982

Opinion concerning the required state contribution to Piedmont Health Care Association, a health maintenance organization (HMO), for basic health services provided to state employees who have, pursuant to the Health Maintenance Organization Act of 1973, P.L. 93-222, 87 Stat. 914 (42 U.S.C. §3000e et seq.), elected the HMO option in lieu of coverage under the state’s Blue Cross-Blue Shield group policy.

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

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September 20, 1982

Opinion regarding whether § 8-21-770(b)(3) or § 21-15-1030, South Carolina Code of Laws, 1976, as amended, by 1979 Acts and Joint Resolutions, governs fees to be charged by the probate court when the court sells real estate in aid of deficient assets.

Requested by: The Honorable Patsy S. Stone, Judge of Probate, Florence County

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September 17, 1982

Opinion regarding the jurisdiction of a magistrate as to a bad check issued by a tenant to a landlord.

Requested by: The Honorable T. Moffatt Burriss, Member, House of Representatives, Labor, Commerce and Industry Committee

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September 17, 1982

Opinion concerning whether certain individuals may be employed by a school district.

Requested by: Mr. Roy E. Strickland

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September 17, 1982

Opinion regarding whether persons may possess and consume alcoholic liquors in rooms located in Clemson Memorial Stadium and leased to private individuals.

Requested by: The Honorable J. Leon Gasque, Assistant Director State Law Enforcement Division

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September 16, 1982

Opinion regarding the potential effect of the recently enacted Circuit Court Rule 102 on the statutory provisions of § 20-7-440(D), S. C. Code of Laws, 1976, as amended (§ 20-7-440(D) has been amended by Sec. 9 Act 398, 1982 Joint Acts and Resolutions and renumbered as § 20-7-736) which requires that a hearing be held to determine whether a child should be removed because of neglect or abuse within thirty (30) days of the date of the receipt of the petition for removal in the Family Court.

Requested by: James C. Williams, Jr., Esquire

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September 16, 1982

Opinion regarding whether or not the Public Service Commission is mandated by Chapter 23 of Title 58, SOUTH CAROLINA CODE OF LAWS (1976), to regulate motor vehicle carriers operated by certain counties.

Requested by: Mr. John Stephen Hooks, Jr., Special Assistant for Legal Affairs, Office of the Governor

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September 15, 1982

Opinion as to whether a dual office-holding problem is presented when a solicitor of this state is designated by the United States Attorney General to assist United States Attorneys as authorized by the provisions of 28 U.S.C.S. § 543.

Requested by: Honorable Henry McMaster, United State Attorney, District of South Carolina

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September 15, 1982

Opinion concerning Section 52-15-245, newly added by the 1982 Appropriations Bill, which provides for a one thousand dollar license for ‘each person who leases or owns a location where ten or more machines, as defined by Section 52-15-210, are located. . . .’

Requested by: Mr. Joe L. Allen, Jr., Deputy Attorney General, South Carolina Tax Commission

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September 14, 1982

Opinion regarding whether you may refuse to appoint a guardian for a minor when the sole basis for the appointment is to permit the minor to attend a particular school.

Requested by: The Honorable Rosemary Trakas, Probate Judge, Greenwood County

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September 13, 1982

Opinion concerning the United States Department of Interior acquiring real property in Cherokee County for public purposes under threat of condemnation.

Requested by: South Carolina Tax Commission

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September 13, 1982

Opinion concerning any litigation pending as of June 30, 1982, together with any contingent liability information.

Requested by: Mr. David R. Smith, CPA, Deputy State Auditor, Office of the State Auditor

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September 13, 1982

Opinion concerning the State Dairy Commission’s monthly report of appropriations and expenditures.

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

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September 10, 1982

Opinion concerning if a taxing entity can increase taxes when a new area is annexed.

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

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September 10, 1982

Opinion regarding whether a public school music teacher may establish creditable service.

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

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September 10, 1982

Opinion as to what the Town of Sullivan’s Island might legally be able to do to protect certain batteries on Sullivan’s Island from vandalism and other unlawful actions.

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

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September 10, 1982

Opinion as to the propriety of the Housing Authority using a figure from the applicant’s federal income tax return in order to determine his eligibility for participation in an upcoming program.

Requested by: Mr. Charles D. Hancock, Jr., Homeownership Finance Specialist, SC State Housing Authority

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September 10, 1982

Opinion concerning grants made by the Federal Government under Title 16 USC Code 500 that authorizes certain grants to the States for use in maintenance of public roads in national forest areas, which funds are received by the State Treasurer and disbursed to appropriate counties or political subdivisions who expend the funds.

Requested by: James H. Windham, Deputy State Treasurer

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September 09, 1982

Opinion concerning the legitimacy or legality of subdivision plats which were filed after the effective date of Act No. 463, Acts and Joint Resolutions of South Carolina, 1967, which is titled ‘An Act Regulating and Controlling the Division of Land in Dorchester County.’

Requested by: James A. Bell, Esq.

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September 09, 1982

Opinion as to whether the 1982 amendment to § 9-1-1540 and other similar sections would permit the South Carolina Vocational Rehabilitation Department to evaluate persons who are presently retired on disability.

Requested by: Joseph C. Griffith, Deputy Director, South Carolina Retirement System

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September 09, 1982

Opinion concerning the construction to be given to Section 23–1–60 of the Code of Laws for South Carolina, 1976.

Requested by: Mr. David I. Tevelin, Acting Deputy General Counsel, Office of General Counsel, US Department of Justice

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September 08, 1982

Opinion regarding whether or not a corporation that plans to offer various paramedical services needs a license or approval from the Board of Occupational Therapists.

Requested by: Ms. Barbara Waugh, Secretary, Occupational Therapy Board

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September 08, 1982

Opinion regarding if an accident or alleged abuse occurs in a nursing home and subsequently the patient is transferred to a hospital for treatment whether the Ombudsman has the authority to continue the investigation by reviewing/receiving copies of the hospital records of the patient.

Requested by: Mr. John Stephen Hooks, Jr., Special Assistant for Legal Affairs, Office of the Governor

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September 07, 1982

Opinion regarding whether a general sixty-day notice of a general election would satisfy the notice requirements for a referendum to be conducted at the time of that general election.

Requested by: The Honorable Joyce Hearn, Member, SC House of Representatives

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September 07, 1982

Opinion on the question of whether the dual office holding provisions of the South Carolina Constitution prohibit a member of the Cheraw Town Council from also serving as a volunteer Captain of the Cheraw Fire Department.

Requested by: Mr. J. William Taylor, Town Administrator

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September 03, 1982

Opinion regarding Section 13, Part II, of the 1982-83 General Appropriations Act, which Section refers to certain fees to be paid to SLED for pistol permits, private detective licenses, and security business licenses.

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

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September 03, 1982

Opinion on the question of whether it would be a violation of the dual office holding provisions of the South Carolina Constitution for a Magistrate to also serve on a local Foster Care Review Board.

Requested by: Francis K. Sullivan, Executive Secretary, Charleston County Legislative Delegation

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September 03, 1982

Opinion on the question of whether the dual office holding provisions of the South Carolina Constitution prohibit a person from serving concurrently as Mayor Pro-Tempore for the City of Goose Creek and as a member of the Berkeley County Soil and Water Conservation District Commission.

Requested by: Shirley L. Johnson, Mayor Pro-Tem, City of Goose Creek

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September 02, 1982

Opinion regarding the South Carolina Freedom of Information Act’s applicability to advisory committees and special committees of the South Carolina Commission on Higher Education.

Requested by: Dr. Howard R. Boozer, Executive Director, SC Commission on Higher Education

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August 30, 1982

Opinion regarding whether Mrs. Barbara Moxon is eligible for consideration to be reappointed to succeed herself as a member of the Commission on Women, created by Act 1024 of 1970, as amended.

Requested by: Honorable Richard W. Riley, Governor

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August 27, 1982

Opinion concerning an upcoming referendum on whether Greenville County Ordinance 925 authorizing the issuance of general obligation bonds by the Greenville Memorial Auditorium District should be repealed, specifically on the wording of ballots and clarification on voting procedures and locations.

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

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August 27, 1982

Opinion concerning whether Dr. Leslie Wise’s serving on the faculty of Sherman College of Straight Chiropractic in Spartanburg disqualifies him from membership on the South Carolina Board of Chiropractic Examiners (the Board) on conflict-of-interest grounds.

Requested by: Dr. Leon Sigler, D.C. , Member, SC Board of Chiropractic Examiners

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August 26, 1982

Opinion regarding whether or not proposed reorganizational changes in Richland County’s ‘management, administrative and operational structure’ can be effected without the approval of the Richland County Council.

Requested by: Honorable Joyce C. Hearn, Member, House of Representatives

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August 24, 1982

Opinion regarding whether South Carolina Department of Mental Health Directive No. 361-75 [copy attached] could be validly applied to prevent an employee of the Department from offering for election to a county council.

Requested by: The Honorable Alex Harvin, III, Assistant Majority Leader

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August 18, 1982

Opinion regarding if Family Courts in this State have the authority to place support contemnors on probation supervised by adult criminal probation officers.

Requested by: Chief Judge, Family Court, Fifteenth Judicial Circuit

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August 18, 1982

Opinion regarding if a county may, under the authority conferred upon it by § 4–9–30(12), levy a license tax upon a municipality which owns a water system extending into unincorporated areas of the county.

Requested by: Joseph H. Earle, Jr., Esq., Greenville County Attorney

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August 18, 1982

Opinion regarding changes in the form of county government under Act No. 283 of 1975, as amended, the ‘home rule’ legislation.

Requested by: Honorable Robert A. Kohn, Member, House of Representatives

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August 17, 1982

Opinion dealing with the trades and industrial education certification process, specifically if the trades and industrial teachers are limited in the number of times they can take the Education Entrance Exam.

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

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August 16, 1982

Opinion as to the legality of meetings held by a public body such as a Board of Education which were held without the notice required by Section 30-4-80 of the South Carolina Freedom of Information Act being complied with.

Requested by: Senator Phil P. Leventis

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August 13, 1982

Opinion as to R7-34, Rules and Regulations of the South Carolina Alcoholic Beverage Control Commission, particularly with regard to its effect upon radio advertisements of the sale of alcoholic beverages.

Requested by: The Honorable Nicholas P. Sipe, Executive Director, SC Alcoholic Beverage Control Commission

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August 12, 1982

Opinion as to the meaning of § 40-36-50 of the Code of Laws of South Carolina (1976, as amended), specifically as to the construction to be given the phrase “present on the premises.”

Requested by: Ms. Barbara Waugh, South Carolina Board of Occupational Therapy

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August 12, 1982

Opinion concerning the insolvency fund recently enacted as an amendment to Section 42-7-200, Code.

Requested by: Mr. John E. Nabors, Executive Director, SC Industrial Commission

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August 12, 1982

Opinion requesting clarification on the definition of a navigable stream and a nonnavigable stream.

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

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August 11, 1982

Opinion regarding if the governing body of a country has the author to establish a minimum tax levy on motor vehicles.

Requested by: Honorable John C. Land, III, Senator

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August 10, 1982

Opinion regarding the proposed ordinance for the Orangeburg County Council which would permit each of the elected boards of trustees of the respective school districts in Orangeburg County to levy the school district tax for the present fiscal year.

Requested by: Charlton deSaussure, Jr., Esquire, Sinkerr Gibbs & Simons

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August 10, 1982

Opinion regarding the recent amendment of the Water Use Reporting and Coordination Act requiring the Commission hold confidential certain information pursuant to a claim that disclosure of such information would reveal a trade secret, process or other confidential information or would impair national security.

Requested by: Paul S. League, Esquire, Legal Counsel, SC Water Resources Commission

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August 09, 1982

Opinion as to whether or not employees of the Orangeburg-Calhoun Regional Detention Center may accept bond money from those accused of criminal offenses.

Requested by: Mr. Robert E. Courtney, Director, Orangeburg-Calhoun Regional Detention Center

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August 09, 1982

Opinion regarding whether it is proper for the Sheriff to charge and collect a fee for the service of serving papers, which have been signed by a judge of the Family Court at the request of the attorney representing one of the parties to the action.

Requested by: Robert M. Bell, Esquire, Bell & Surasky

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August 06, 1982

Opinion regarding whether the request for the boards of registration to register persons on Sundays and at churches is authorized under the laws of SC.

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

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August 05, 1982

Opinion regarding discrepancies between provisions of the State Employee Grievance Procedure Act of 1982 and provisions of internal agency grievance plans adopted and approved pursuant to the State Employee Grievance Procedure Act of 1974, as amended (§ 8-17-10 et seq; S.C. Code).

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

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August 04, 1982

Opinion regarding whether a person can serve concurrently on the Georgetown County Recreation Commission and on the Georgetown County Water and Sewer District.

Requested by: The Honorable William W. Doar, Jr., Senator, Senatorial District No. 16

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August 03, 1982

Opinion as to whether or not a municipality in South Carolina must allow competitive bidding.

Requested by: J.M. McLendon, Esquire, McLendon and Sloan

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August 03, 1982

Opinion to whether a person who has been convicted of driving under the influence may serve as a deputy sheriff.

Requested by: Honorable Elliott G. Rucker, Sheriff, Calhoun County

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August 03, 1982

Opinion regarding whether or not the uniform traffic ticket as described in Section 56-7-10, et seq. is the proper charging paper for ‘any traffic-related offenses not described in Title 56.’

Requested by: H. Lee Smith, Staff Attorney, SC Court Administration, SC Supreme Court

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July 30, 1982

Opinion regarding if § 12–27–270 exempts diesel fuel and propane gas from taxation when the same are used as motor fuel in school buses.

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

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July 30, 1982

Opinion as to the effect of the Hampton County Board of Education’s attempted recision of an order of consolidation.

Requested by: The Honorable John W. Dodge, Superintendent of Education, Hampton County Department of Education

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July 30, 1982

Opinion concerning if an Act of the 1982 General Assembly bearing ratification number R.519 authorizes the county treasurers under the conditions stated to pay over to the school districts taxes collected for payment of bonds.

Requested by: Mr. Michael L. Horton, Assistant Comptroller General, Local Government Division

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July 30, 1982

Opinion regarding a Sheriff serving papers which have been signed by a judge of the Family Court at the request of an attorney representing one of the parties to the action and if it is proper for the Sheriff to charge and collect a fee for the service of process.

Requested by: Mr. Charles Richardson, Office of the Attorney General

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July 28, 1982

Opinion concerning whether mayors’ courts and recorders’ courts may be considered to have been abolished by the enactment of Act No. 480 of 1980.

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

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July 27, 1982

Opinion regarding which code would apply to a vehicle abandoned at the South Carolina Welcome Center on I–95 near Hardeeville, and if a municipality can pay all expenses incurred i.e. wrecker service, auction fees, etc., and convert the abandoned vehicle to use by the municipality after following the steps prescribed by statute insofar as notification of previous or current owners and lien holders.

Requested by: Sarah E. Martin, Clerk Treasurer, Town of Hardeeville

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July 27, 1982

Opinion regarding if the first lien on a merchant’s inventory for delinquent ad valorem taxes extend to all subsequently acquired inventory.

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

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July 27, 1982

Opinion concerning class or classes of persons are excluded from the definition of ‘hunters’ and ‘hunting’ as defined by Section 50-1-20 of the Code of Laws of South Carolina (1976), formerly Section 28-1 of the Code of Laws of South Carolina (1962).

Requested by: Eddie L. McGee, Conservation Officer

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July 26, 1982

Opinion how the Public Railways Commission should proceed under the proviso in terms of its budget.

Requested by: Honorable Fred R. Fanning, Chairman, South Carolina Public Railways Commission

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July 26, 1982

Opinion regarding the subject of the request by attorney Frank Potts for certain records involving expenditures of appropriated and non-appropriated funds expended by the University for trustee and other expenses.

Requested by: Joseph McDevitt, University Counsel, Clemson University

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July 26, 1982

Opinion regarding if the limitation provided by § 12-43-280 applies to the thirteen mill levy prescribed by Act 186, Acts of 1963.

Requested by: Mr. Harold C. Davis, Executive Secretary, Spartanburg County Board of Education

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July 26, 1982

Opinion concerning the authority of the Commission on Higher Education under a proviso contained in the Appropriations Act passed in 1982 but not yet printed in the Acts and Joint Resolutions of this year.

Requested by: The Honorable Howard R. Boozer, Executive Director, South Carolina Commission on Higher Education

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July 23, 1982

Opinion regarding whether or not a practicing psychologist would qualify as the ‘lay member’ of the State Board of Examiners in Psychology pursuant to Section 40-55-20, CODE OF LAWS OF SOUTH CAROLINA, 1976 (Cum.Supp.).

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

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July 22, 1982

Opinion concerning if an assessment is require for property exempt from taxation by § 12–37–220.

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

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July 22, 1982

Opinion concerning the Occupational Health and Safety Act.

Requested by: The Honorable Ryan C. Shealy

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July 22, 1982

Opinion regarding whether York County Council may pass an ordinance prohibiting the sale of cold beer for on premises consumption at facilities, such as ballparks, where large crowds may gather or congregate.

Requested by: The Honorable Herbert Kirsh, Member, House of Representatives

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July 21, 1982

Opinion on whether a member of the Industrial Commission who has filed a workmen’s compensation claim ought to disqualify himself or be disqualified from conducting hearings or participating in decisions on other claims until his claim is resolved.

Requested by: J. Dawson Addis, Commissioner, Industrial Commission

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July 21, 1982

Opinion regarding whether or not a deed which sets forth love and affection and the assumption of an outstanding mortgage indebtedness as the consideration must indicate the balance of the mortgage indebtedness assumed.

Requested by: R. Markley Dennis, Esquire, Dennis & Dennis

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July 20, 1982

Opinion regarding if an individual who has been driving on South Carolina highways and whose driver’s license is under suspension and who has also been declared an Habitual Offender under S. C. Code § 56–1–1070 may be charged with both offenses without violating his constitutional protection against double jeopardy.

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

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July 20, 1982

Opinion regarding whether the South Carolina Industrial Commission can approve an arrangement for attorney’s fees whereby every third worker’s compensation check be made payable to the attorney as well as whether or not a worker found by a single Commissioner to be seriously and permanently disfigured is required to present himself as an exhibit before the full Commission upon review by that body.

Requested by: The Honorable T. M. Nelson, Chairman, South Carolina Industrial Commission

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July 20, 1982

Opinion as to certain matters regarding the effect of federal age discrimination laws on § 9-1-1530 of the South Carolina Code, which involves mandatory retirement at age 72.

Requested by: Edwin P. Rogers, Executive Director, Pee Dee Regional Council of Governments

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July 20, 1982

Opinion on the question of whether a member of the York County Natural Gas Authority is required to resign his position when he is elected to the York County Council.

Requested by: James M. Dickson, Esquire, Attorney at Law

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July 20, 1982

Opinion as to whether a corporate contractor may bid on a construction contract for the above named authority when one or more members of the Board of Commissioners have a very small minority shareholders’ interest in the corporate contractor.

Requested by: Joseph M. Jenkins, Jr., Esquire, Horton, Drawdy, Hagins, Ward, & Johnson

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July 20, 1982

Opinion as to whether the mandatory retirement age of 70 for state employees and officers would apply to a person serving on a Public Service District Commission who receives no compensation other than per diem for attendance at meetings.

Requested by: Francis K. Sullivan, Executive Secretary, Charleston County Legislative Delegation

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July 19, 1982

Opinion on the question of whether it is a violation of the dual office holding provisions of the South Carolina Constitution for a person to serve concurrently on the Aiken Soil and Water Conservation District Commission and on the Aiken County School Board.

Requested by: Mr. Thomas W. McElmurray, Chairman, Aiken Soil and Water Conservation District

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July 16, 1982

Opinion concerning if a landowner can allow public access to a watershed lake if all the littoral landowners do not agree to this public access, and if the answer is yes if the public is restricted to the use of only those portions of the lake owned by the consenting owners.

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

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July 15, 1982

Opinion on the question of whether a person currently serving as a Police Chief can also serve as a part-time Assistant Coroner without violating the dual office holding provisions of the South Carolina Constitution.

Requested by: David H. Wilkins, Esquire

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July 14, 1982

Opinion as to the eligibility of Dr. Leola Adams, a member of the State Ethics Commission, for per diem compensation.

Requested by: Gary R. Baker, Executive Director, South Carolina State Ethics Commission

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July 13, 1982

Opinion regarding if prisoners should receive credit for good behavior pursuant to § 24-13-210, Code of Laws when they are serving consecutive 30 day sentences in local facilities.

Requested by: Henry R. Wengrow, Judicial Education Coordinator, State Criminal Justice Academy

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July 13, 1982

Opinion as to whether the practice by collection agencies of accepting assignments of past due accounts and filing suits for recovery in their own name in Magistrate’s Court without representation of a licensed attorney would constitute the unauthorized practice of law.

Requested by: The Honorable Dalton Sheppard, Member, House of Representatives

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July 12, 1982

Opinion on the question of whether it is permissible for a teacher residing in Charleston County, but teaching in Berkeley County, to serve on the Charleston County School Board.

Requested by: The Honorable Tobias Gadson, Sr., Member, House of Representatives

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July 12, 1982

Opinion regarding if an attorney-in-fact can make a gift of his principal’s interest in property where such authority is not expressly given, and what validity is afforded the transaction.

Requested by: Mr. William R. Geddings, Jr., Director, Estate and Gift Tax Division

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July 12, 1982

Opinion as to whether or not the University of South Carolina School of Medicine may legally retain the body of Ronald Eugene Ray for medical research purposes, under the Uniform Anatomical Gift Act, § 44-43-310 et seq., of the Code of Laws of South Carolina (1976).

Requested by: Mrs. Lyn Howell Hensel, Associate Legal Counsel, University of South Carolina

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July 9, 1982

Opinion concerning if a will that devises property in life to joint tenants with the right of survivorship satisfies the ownership requirements in the survivor for homestead tax exemption purposes.

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

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July 09, 1982

Opinion on the question of whether it is a violation of the dual office holding provision of Article VI, Section 3 of the South Carolina Constitution for a person to serve concurrently on the Board of Commissioners on Grievances and Discipline and on the Governor’s Resource Panel on the Elderly.

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

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July 09, 1982

Opinion on the South Carolina Administrative Procedures Act [South Carolina Code of Laws, §§ 1-23-10 et seq., 1976, as amended].

Requested by: Mr. John Harleston, Staff Counsel, South Carolina Department of Health and Environmental Control

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July 08, 1982

Opinion regarding if the five million dollar revenue loss from the special gasoline rates given to gasohol can be determined by computing revenue losses over the total time frame of the special rates or would the basis of the removal of the tax incentives be determined by a zero to five million dollar revenue loss in each of the two prescribed time frames.

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

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July 08, 1982

Opinion regarding whether it is a violation of the provisions in the South Carolina Constitution [Article VI, Section 3; Article XVII, Section 1A] prohibiting dual office holding for a person to serve concurrently as a municipal council member and a magistrate’s constable.

Requested by: Mr. Roy W. Hudson

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July 08, 1982

Opinion regarding Luther L. Taylor, et al. v Midlands Human Resources Development Commission, et al.

Requested by: J. Lee Spratt, Director, Office of Executive Policy and Programs, Division of Economic Opportunity

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July 07, 1982

Opinion on whether the Division of Economic Opportunity should approve a request from Midlands Human Resources Development Commission to pay overtime to Ms. Dina Price in the sum of $791.58 for documented overtime work by her from January 5, 1981, through June 20, 1981, in the administration of the Home Energy Assistance Program.

Requested by: John R. Rumford, Deputy Director/Planning, Office of Executive Policy and Programs, Division of Economic Opportunity

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July 07, 1982

Opinion regarding a compensation question.

Requested by: Mr. Kenneth T. Rickenbaker, Calhoun County Administrator

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July 02, 1982

Opinion on whether or not a candidate who is unopposed must file a Campaign Disclosure Form within thirty days after the primary.

Requested by: Mr. John C. Patrick, III, Staff Counsel, Labor, Commerce and Industry Committee, House of Representatives

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July 02, 1982

Opinion as to whether the South Carolina Alcoholic Beverage Control Commission may license for sale and consumption pursuant to § 61-5-50, a non profit organization that is open to the general public on a regular basis.

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

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July 02, 1982

Opinion regarding if the appropriation for municipalities that is set forth in Item II of Section 121 of the 1982-1983 Appropriation Act, and designated ‘Bank Tax’ be in part distributed to the counties.

Requested by: Honorable Grady L. Patterson, Jr., State Treasurer

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June 29, 1982

Opinion regarding property taxes on vehicles licensed by a company to be used by the state, and if this company might receive a credit or refund for overlapping new and old licensing periods.

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

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June 29, 1982

Opinion regarding whether the 1982-83 General Appropriations Act permits employees of the House of Representatives to receive merit increases in a lump sum as occurred during the 1981-82 fiscal year, and whether the proviso in the 1982-83 General Appropriation Act which permits the Senate Operations and Management Committee to allocate salary adjustments for State employees in such manner as it deems appropriate, would permit salary adjustments in a manner different than permitted for classified State employees.

Requested by: Mr. Michael S. Wingard, Senior Assistant Comptroller General

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June 29, 1982

Opinion regarding whether unexpended CSA grant funds may be expended by local community action agencies for new programs or for the continuation of old programs which are not a part of the approved Community Services Block Grant program of the agency.

Requested by: John R. Rumford, Deputy Director/Planning, Office of Executive Policy and Porgrams, Division of Economic Opportunity

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June 28, 1982

Opinion as to the effective date of Section 17 of the Permanent Provisions of the 1982–1983 General Appropriations Act.

Requested by: The Honorable Harry A. Chapman, Jr., State Senator

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June 28, 1982

Opinion regarding whether the local DSS office or local law enforcement should be responsible for investigating reports of student abuse perpetrated by teachers in the schools.

Requested by: Dorothy S. Trotter, Detective, Pickens County Sheriff’s Department

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June 28, 1982

Opinion regarding whether or not a proviso added by the Senate to Section 122 (Department of Highways and Public Transportation) of the 1982-83 Appropriations Bill may be included in that Bill in light of Article III, Section 17, of the South Carolina Constitution.

Requested by: Honorable Irene K. Rudnick, House of Representatives

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June 25, 1982

Opinion regarding the provision of the 1982 Bing Bill that prohibits the Tax Commission from issuing licenses to organizations not domiciled in South Carolina for at least three years and if it applies to those organizations that conducted bingo games prior to the enactment of the Bingo Bill.

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

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June 24, 1982

Opinion as to whether the Opportunity School may place ‘off-limits’ a particular liquor store and adjacent party shop which are located in the vicinity of the school.

Requested by: The Honorable Salvatore A. Fede, Superintendent, Wil Lou Gray Opportunity School

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June 24, 1982

Opinion on the question of whether a person currently serving as a member of the Horry County Planning Commission and as a member of the Myrtle Beach Convention Center Commission can be appointed to the office of Soil and Water Conservation District Commissioner without violating the dual office holding provisions of the South Carolina Constitution.

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

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June 24, 1982

Opinion regarding whether the State Board of Examiners for Nursing Home Administrators may issue a nursing home administrator’s license which is restricted to a facility serving only the mentally retarded.

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

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June 23, 1982

Opinion concerning the validity of the contract issued by the District Superintendent without the knowledge and approval of the Board of Trustees and whether, under these circumstances, the Board is obligated to honor the contract.

Requested by: Mr. Bernard R. Cummings, Member – Board of Trustees, Bamberg School District No. 2

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June 23, 1982

Opinion concerning the practice in West Columbia of requiring defendants who request jury trials in municipal court to post either a cash or surety bond.

Requested by: Charles J. Devic, Executive Secretary, The Board of Commissioners on Judicial Standards, South Carolina Supreme Court

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June 22, 1982

Opinion on the question of whether it would constitute dual office holding for the clerk of the County Board of Voter Registration in Abbeville County to also serve as a School Board trustee.

Requested by: James B. Ellison, Executive Director, State Election Commission

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June 22, 1982

Opinion concerning the legality of a proposed central magisterial court for handling fraudulent checks in Greenville County.

Requested by: Charles Richard Stewart, Staff Attorney, Office of Greenville County Attorney

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June 22, 1982

Opinion on a dual office holding question concerning a city councilman who is interested in possible appointment to several other boards or commissions.

Requested by: The Honorable Alexander S. Macaulay, Senator – District No. 1

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June 22, 1982

Opinion on the question of whether the members of the Board of Commissioners of Public Works of the City of Greenwood can also serve as voting members of the Greenwood Metropolitan District Sewer Commission.

Requested by: The Honorable Jennings G. McAbee, Member, House of Representatives

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June 22, 1982

Opinion on whether the salary provided to the Director of the State Workers’ Compensation Fund should be effective at 85% of the salary paid to Industrial Commissioners, in light of the Governor’s veto of employee base pay increases, and the action of the Budget and Control Board freezing salaries at the FY 81-82 level.

Requested by: John W. Scott, Director, State Workers’ Compensation Fund

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June 22, 1982

Opinion regarding performance evaluations prepared by the South Carolina Arts Commission and placed in the files of performing artists with whom the Commission has contracted.

Requested by: Ms. Mary Teague, Personnel Coordinator, South Carolina Arts Commission

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June 22, 1982

Opinion regarding a change in the method by which the chairman of the Aiken County Council is selected.

Requested by: Honorable Irene K. Rudnick, Member, House of Representatives

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June 22, 1982

Opinion concerning the handling by your office of copies of legal instruments not previously recorded which are attached to original legal instruments submitted to your office for recording.

Requested by: Mr. Harry D. Johnson, Register of Mesne Conveyances, Sumter County Courthouse

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June 22, 1982

Opinion regarding the proposed consolidation of the Beaufort-Jasper County Water Authority and the Jasper County Water & Sewer Authority.

Requested by: Honorable Harriet H. Keyserling, Member, House of Representatives

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June 21, 1982

Opinion on what constitutes a tax return for individual income tax purposes.

Requested by: Mr. A. B. Taylor, Director, Income Tax Division

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June 18, 1982

Opinion concerning equipment purchased under the Consortium of Community Hospitals Program.

Requested by: Marion E. Woodbury, Vice President for Finance, Medical University of South Carolina

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June 18, 1982

Opinion as to whether a magistrate’s court has jurisdiction, pursuant to § 44-23-410, Code of Laws of South Carolina, 1976, to order the evaluation of an individual to determine his mental capacity to stand trial.

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

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June 18, 1982

Opinion as to whether a Member of the South Carolina Senate may hold the position of municipal attorney.

Requested by: Honorable Cody Owens, Mayor, Town of Whitmire

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June 18, 1982

Opinion on the question of whether the counselor-in-charge of the Horry County Department of Youth Services can serve as a member of the Conway City Council without violating the constitutional provisions against dual office holding.

Requested by: Ms. Susan M. Durst, Executive Assistant, SC Department of Youth Services

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June 17, 1982

Opinion as to the authority of a school district board of trustees to appoint representatives from the community to the advisory council established pursuant to the Education Finance Act of 1977 now codified as §59-20-60(3)(b), 1976 South Carolina Code of Laws, as amended.

Requested by: The Honorable Dalton Sheppard, House of Representatives

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June 16, 1982

Opinion concerning the University Inn Lease Agreement .

Requested by: Honorable Charles E. Hodges, Chairman, Joint Legislative Bond Review Committee

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June 16, 1982

Opinion as to the extent of a late correctional officer’s law enforcement authority because the constable’s commission held by him recited that, while he was “to enforce the Laws of the State,” his “authority [was] restricted to duties within the S.C. Dept. of Corrections [sic].”

Requested by: Mr. Curtis H. Straub, II, PSOB Hearing Officer, Law Enforcement Assistance Administration

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June 14, 1982

Opinion as to the effect of sine die adjournment of the General Assembly upon bills vetoed and returned by the Governor, but not acted upon by the General Assembly before adjournment.

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

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June 14, 1982

Opinion as to the effect of the resignation, prior to the end of his term, of a member of the Board of Trustees of the South Carolina Opportunity School who is elected by the Legislature under § 59-51-30 of the Code of Laws of South Carolina (1976).

Requested by: Dr. Marvin Efron, Chairman, Board of Trustees, Wil Lou Gray Opportunity School

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June 14, 1982

Opinion as to with whom candidates for the Board of Trustees should file for election.

Requested by: Randolph Murdaugh, III, Esquire, Law Offices Peters, Murdaugh, Parker, Eltzroth, and Detrick, P.A.

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June 14, 1982

Opinion concerning whether Section 50 of Part II of the 1981-82 General Appropriations Act (R-574), which purports to amend Section 12-43-220(d), Code of Laws of South Carolina 1976, is constitutional.

Requested by: John Stephen Hooks, Jr., Esquire, Special Assistant for Legal Affairs, Office of the Governor

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June 14, 1982

Opinion concerning the meaning of § 44-21-510 of the Code of Laws of South Carolina (1976).

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

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June 11, 1982

Opinion as to whether the hiring of your daughter on a contractual basis for accounting and clerical work by the South Carolina Board of Examiners in Optometry, violates South Carolina’s antinepotism statute.

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

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June 11, 1982

Opinion regarding whether a municipal summons ticket could be used as a charging paper in charging a violation of a municipal ordinance.

Requested by: George W. Percy, Jr., Record, City of Landrum

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June 11, 1982

Opinion as to whether H. 3963 (R-573) is constitutional and also whether this is an appropriation act for which the Governor has line item veto authority.

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

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June 10, 1982

Opinion regarding Section 17 and if it overrides other statutes and regulations which authorize higher interest rates for late payment charges as well as if current statutes and regulations which require payment in less than thirty days are overridden by Section 17.

Requested by: Mr. Kinsey J.H. Jenkins, Jr., Senior Assistant Comptroller General, Office of the Comptroller General

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June 10, 1982

Opinion as to the proper procedure for the Town Council of Ware Shoals to follow in order to extend the terms of the Mayor and members of Council from two years to four-year staggered terms.

Requested by: G. William Thomason, Esquire, Town Attorney, Callison, Dorn & Thomason

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June 10, 1982

Opinion as to whether the Clerk of Court may invest in a short term account funds held by her.

Requested by: Charles Richard Stewart, Esquire, Staff Attorney, Greenville County Attorney’s Office

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June 10, 1982

Opinion whether a person who is an officer in a financial institution and an officer in a manufactured housing industry organization or association can serve on the South Carolina Manufactured Housing Board as the ‘member from the general public.’

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

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June 10, 1982

Opinion concerning whether persons who violate statutes pertaining to city water lines, which lines extend both within and without the municipal limits of the City of Goose Creek, may be prosecuted in the municipal court for violations of those sections

Requested by: Honorable Carl V. Barrs, Sr., Municipal Judge, City of Goose Creek

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June 10, 1982

Opinion as to what methods may be used by a county governing body to create a water service district for part of the county.

Requested by: W. E. Jenkinson, III, Esquire, Jenkinson & Jenkinson

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June 09, 1982

Opinion as to whether the applications submitted to the Merit Selection Panel by persons seeking to be nominated as a candidate for election to the Public Service Commission are exempt from disclosure under the Freedom of Information Act.

Requested by: Mr. B.O. Thomason, Jr., Chairman, South Carolina Public Service Commission Merit Selection Panel

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June 09, 1982

Opinion concerning if CATV Systems furnish the ways or means of transmitting communication as set forth by §§ 12–35–150 and 12–35–1150 so as to subject the gross proceeds derived therefrom to the sales tax.

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

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June 08, 1982

Opinion as to whether the tax anticipation notes of a political subdivision, as provided for by Article X, Section 14(8) of the South Carolina Constitution, are subject to the restrictions of Section 14(7) of the same Article.

Requested by: Jeffrey A Merriam, Esquire, Greer City Attorney

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June 08, 1982

Opinion as to whether employees of the Education Division of the Department of Youth Services are subject to the provisions of the State Employee Grievance Procedure Act (Section 8-17-10 et seq., Code of Laws of South Carolina, 1976, as amended).

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

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June 08, 1982

Opinion as to whether there are any legal barriers to prevent South Carolina State College from accepting the gift of a used computer and then selling or trading the used computer for a newer computer.

Requested by: Dr. Orlando H. White, Assistant to the President and Grants Coordinator, South Carolina State College

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June 07, 1982

Opinion concerning whether H. 3818 (R–493) and H. 3591 (R–489) are constitutional.

Requested by: The Honorable Richard W. Riley, Governor of SC

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June 07, 1982

Opinion regarding whether or not a proviso added by the Senate to Section 122 (Department of Highways and Public Transportation) of the 1982–83 Appropriations Bill may be included in that Bill in light of Article III, Section 17, of the South Carolina Constitution.

Requested by: Honorable Irene K. Rudnick, House of Representatives

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June 07, 1982

Opinion as to how cases now pending before the State Employee Grievance Committee would be affected by the New State Employee Grievance Procedure Act.

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

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June 02, 1982

Opinion on whether the South Carolina Educational Television Commission may enter into a partnership or some other form of joint business association with several commercial television stations for the purpose of constructing and/or operating a television and radio broadcast tower.

Requested by: Mr. Henry J. Cauthen, President and General Manager, SC Educational Television

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June 01, 1982

Opinion regarding whether the assets of a minor should be turned over to the Probate Court fo Calhoun County since Letters Dismissory have not been issued.

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

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June 01, 1982

Opinion as to whether an appropriation by the County of Spartanburg to Spartanburg County National Guard Units to be used for operating expenses for local armories would violate Article X, Section 11 of the South Carolina Constitution.

Requested by: Col. William H. Sheckelford, Chief of Staff, Office of the Adjutant General

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June 01, 1982

Opinion regarding whether public notice must be given prior to the appointment of a guardian of a minor in the Probate Court.

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

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June 01, 1982

Opinion as to whether there would be a conflict of interest for you to serve on the Board of Directors of the Blue Ridge Electric Cooperative.

Requested by: The Honorable C. David Stone, Sheriff of Pickens County

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May 31, 1982

Opinion on dual office holding (member of Richland County Council and working at the State Commission on Higher Education). Requested by J. Lewis Cromer, Richland County Attorney. Read full opinion.

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May 28, 1982

Opinion on whether a person elected as a member of Richland County Council would be in a position of ‘dual office holding’ as prohibited by the State Constitution if that person were employed by the State Commission on Higher Education.

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

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May 28, 1982

Opinion on whether Section 3 of Act Number 581 of 1971 [hereafter Section 3] applies to the East Richland County Public Service District, which is governed by a Commission of the same name [hereafter the Commission will be used to refer to both jointly].

Requested by: J. Lewis Cromer, Esquire, Office of the Richland County Attorney, Richland County Judicial Center

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May 28, 1982

Opinion as to whether or not the South Carolina Patients’ Compensation Fund (hereinafter ‘the PCF’) would protect its members against medical malpractice judgments in excess of One Hundred Thousand Dollars ($100,000.00) per claim and Three Hundred Thousand Dollars ($300,000.00) in the aggregate for one year.

Requested by: Calvin L. Stewart, Director, Analysis and Examinations, Market Conduct Division, State of SC Department of Insurance

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May 28, 1982

Opinion on whether the Department of Mental Health can purchase tort liability coverage through the South Carolina Patients’ Compensation Fund to supplement the coverage procured through the Division of General Services.

Requested by: Larry W. Propes, General Counsel, SC Department of Mental Health

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May 25, 1982

Opinion regarding if an order of the Chief Justice sufficient authority for the Orangeburg County Probate Judge to take complete control of the office of Calhoun County Probate Judge barring the Calhoun County Clerk of Court as Calhoun County Probate Judge therefrom.

Requested by: Mr. Furman R. Gressette, Calhoun County Attorney

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May 25, 1982

Opinion regarding whether the referenced employee should be awarded compensatory time under the provisions of a recent joint resolution (H. 3455; ratification number 338).

Requested by: A. Baron Holmes, IV, President, South Carolina School for the Deaf and the Blind

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May 25, 1982

Opinion as to the minimum number of jurors that must be physically present to begin a term of magistrate’s court.

Requested by: Motte L. Talley, Staff Attorney, SC Court Administration, SC Supreme Court

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May 25, 1982

Opinion concerning senatorial representation in the district in which Marion County is located.

Requested by: D.G. Askins, Jr., M.D.

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May 25, 1982

Opinion regarding the authorization of a sale by a private auctioneer of personal property of a judgment creditor in satisfaction of a judgment.

Requested by: The Honorable Thomas J. DeZern, Master-in-Equity for Spartanburg County

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May 21, 1982

Opinion on whether it would be a violation of the provisions of the South Carolina Constitution prohibiting dual office-holding for a member of the General Assembly concurrently to serve as a member of the Board of the Heritage World Expo Authority, which is provided for by the 1982 act designated R.408 (H.3220).

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

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May 21, 1982

Opinion regarding the necessity for the issuance of arrest warrants in addition to or in lieu of Uniform Traffic Tickets.

Requested by: Chief Richard P. Ruonala, city Police Department

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May 21, 1982

Opinion concerning the Will of Spartan D. Granger and whether gifts to certain legatees pursuant to Item II(c) of the will have lapsed.

Requested by: The Honorable Ralph W. Drake, Probate Judge, Greenville County

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May 20, 1982

Opinion regarding whether or not the offense of carrying a pistol is a crime involving moral turpitude.

Requested by: The Honorable Richard W. Riley, Governor

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May 20, 1982

Opinion as to whether the Department of Health and Environmental Control presently has statutory authority to establish charges for health services inspections.

Requested by: Honorable Marion P. Carnell, Representative

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May 20, 1982

Opinion as to whether the South Carolina Protection and Advocacy System for the Handicapped, Inc., could be staffed with state employees without itself becoming a state agency.

Requested by: Honorable Heyward McDonald

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May 19, 1982

Opinion regarding if preprints qualify as ‘newspapers’, within the meaning of § 12–35–550(7), and are thus exempt from sales tax.

Requested by: Mr. Cyril C. McCray, Director, Sales and Use Tax Division

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May 19, 1982

Opinion regarding if § 12–17–230 of the South Carolina Code of Laws, 1976, as amended, imposes criminal liabilities relating to gift taxes.

Requested by: Mr. W. R. Geddings, Jr., Director, Estate and Gift Tax Division

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May 19, 1982

Opinion concerning the implementation of Act 187, Acts and Joint Resolutions of South Carolina, 1979 (§ 59-26-10, et seq. of the Code of Laws of South Caroling (1976), as amended), especially relating to meetings if a joint meeting is held between the Educator Improvement Task Force (Task Force) and the South Carolina State Board of Education (Board) under § 59-26-50(c)(4).

Requested by: Dr. Josef F. Stulac, II, Director, SC Educator Improvement Task Force

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May 19, 1982

Opinion concerning the legality of reconsidering the vote of a delegation if the results have not yet been announced.

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

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May 18, 1982

Opinion regarding the validity of H-2352.

Requested by: The Honorable Arthur Ravenel, Jr., Member, South Carolina Senate

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May 18, 1982

Opinion regarding if the South Carolina Tax Commission has ‘the authority to set rules and regulations governing whether employees who are working at the Tax Commission can marry and remain employed.’

Requested by: Mr. Jasper E. Harmon, Jr., Executive Director

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May 17, 1982

Opinion on whether the Governor would appoint a temporary highway commissioner in event a new commissioner for the 15th District has not been elected when Mr. Holliday’s term had expired on April 15, 1982.

Requested by: Honorable M. Lois Eargle, Representative

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May 17, 1982

Opinion regarding whether the Department of Archives and History may ‘define by standards and/or regulations what an acceptable microfilm recording system consists of for records of permanent value in addition to specifying the microfilm standards which shall be met for master security microfilm as set forth in § 30-1-130’, Code of Laws of South Carolina (1976, as amended).

Requested by: Mr. William L. McDowell, Jr., Deputy Director, South Carolina Department of Archives and History

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May 14, 1982

Opinion reviewing the April 28, 1982 opinion that concluded that the plan of the Educator Improvement Task Force (Task Force) for implementation of the requirements of Act 187, Acts and Joint Resolutions of South Carolina, 1979 (§ 59-26-10 et seq. of the Code of Laws of South Carolina (1976), as amended) was inconsistent with that law as to the timing of evaluations of teachers employed under provisional contracts.

Requested by: Dr. Josef F. Stulac, Director, South Carolina Educator Improvement Task Force

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May 14, 1982

Opinion regarding how to handle a request from a candidate for political office that he be permitted to hold a news conference or film a political advertisement inside a local office of the Employment Security Commission.

Requested by: Mr. Robert E. David, Executive Director, SC Employment Security Commission

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May 14, 1982

Opinion regarding the South Carolina State Housing Authority electing to utilize the proposed 100% primary private mortgage insurance coverage, and if it is necessary to recontract all licensed PMI companies to participate or reopen the bidding for the pool insurance.

Requested by: Lewis M. Levy, Staff Counsel, South Carolina State Housing Authority

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May 12, 1982

Opinion as to whether or not under Section 2 of Act No. 389 of 1971 you may appoint as county representative a former employee or former elected official.

Requested by: The Honorable Richard W. Riley, Governor

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May 12, 1982

Opinion concerning the eligibility of a candidate for the Office of Probate Judge in the Democratic Party primary in Fairfield County.

Requested by: Honorable John A. Martin, Senator

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May 12, 1982

Opinion regarding whether a deputy sheriff may issue a uniform traffic ticket in a public disorderly conduct case.

Requested by: Deputy Nathaniel Truesdale, Richland County Sheriff’s Department

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May 11, 1982

Opinion regarding payroll deductions for Piedmont Health Care Corporation for State employees who elect to subscribe to their health services.

Requested by: Leo H. Hill, Esquire, Hill, Wyatt, and Banhister

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May 11, 1982

Opinion regarding if the provisions of the Health Maintenance Organization Act, Title 42, Sections 300(e), et seq., U. S. Code, and regulations promulgated thereunder require that a federally-qualified HMO be allowed an opportunity to present and explain its health service program to State employees, and if State agencies and institutions are required to make payroll deductions for the premiums or subscription fees at the employee’s request when an employee enrolls in an authorized HMO.

Requested by: Department Mental Health

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May 07, 1982

Opinion concerning outside employment for state employees.

Requested by: Honorable Alex Sanders

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May 07, 1982

Opinion as to whether the State Board of Education has the authority to approve, by contract with a school district, an educational program for that school district which varies from the ‘Defined Minimum Program’ (DMP) and, if so, the effect of the Education Finance Act of 1977 (Finance Act) (§ 59-20-10, et seq., Code of Laws of South Carolina, 1976, as amended) upon such a variance when the cost of providing a contractually approved educational program is less that the cost of providing the DMP.

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

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May 07, 1982

Opinion concerning the circumstances and manner in which a designated carrier may cancel or suspend the authority of a designated producer under the Plan and Rules of Operation.

Requested by: Mr. A.H. Thurstin, Manager, South Carolina Reinsurance Facility

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May 06, 1982

Opinion as to the legal status of the New Lower Richland Medical Center, Incorporated for purposes of Retirement System coverage.

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

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May 06, 1982

Opinion as to which governmental body possesses the authority to either lease or sell the Cherokee County Memorial Hospital.

Requested by: The Honorable Harvey S. Peeler, Jr., South Carolina State Senate

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May 06, 1982

Opinion regarding the eligibility of employees of the Old Ninety-Six Tourism Commission for coverage under the State Group Insurance Benefits program.

Requested by: Mrs. Phyllis B. Beighley, Insurance Benefits Manager, State Personnel Division

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May 05, 1982

Opinion regarding whether a rebate offered by an automobile manufacturer to retail customers will reduce the gross proceeds of sale of purposes of sales tax or reduce sales price for use tax considerations.

Requested by: Honorable Caldwell Thomas Hinson, House of Representatives, Lancaster County

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Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

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Phone: 1-803-734-3970 | Fax: (803) 253-6283

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