1983 Opinions

December 30, 1983

Opinion on whether it is possible to change the law to allow the Anderson County Council to make appointments to the Anderson County Fire Protection Commission.

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

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December 29, 1983

Opinion on dual office holding (serves as a trustee of Anderson County School District Three and serves on the Anderson County Fire Commission).

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

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December 22, 1983

Opinion on the expiration date of the term of office of a person appointed to fill a vacancy on the Board of Trustees of Clarendon County School District No. 1 (District 1).

Requested by Ms. Sara B. Aycock, Chairman, Clarendon County Board of Education.

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December 21, 1983

Opinion on Piedmont Health Care Corporation.

Requested by The Honorable Rogers T. Smith, Chief Insurance Commissioner, S.C. Department of Insurance.

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December 21, 1983

Opinion on the applicability of a FOIA request.

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

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December 20, 1983

Opinion on whether a practitioner can continue to use a firm name which includes the name of a deceased practitioner with whom he was associated and whether Regulation 95–1(0) can be enforced in this situation.

Requested by Dr. Henry V. Sawyer.

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December 20, 1983

Opinion on dual office holding (serving as Administrative Assistant to the Lieutenant Governor and as a member of a county council).

Requested by Mr. John H. Rickenbacker, Orangeburg.

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December 20, 1983

Opinion on whether the Columbia State Farmers’ Market pursuant to § 46-15-10 et seq. Code of Laws of South Carolina (1976), may charge the general public a fee for parking upon the market grounds during University of South Carolina football games.

Requested by D. Leslie Tindal, Commissioner, S. C. Department of Agriculture.

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December 20, 1983

Opinion on whether school officials and personnel may be held liable for injuries to students resulting from the acts of other students on school property.

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

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December 16, 1983

Opinion on dual office holding (serve on State Board of Corrections and as an Administrative Law Judge for the Public Service Commission).

Requested by Arthur G. Fusco, General Counsel, Public Service Commission.

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December 16, 1983

Opinion on what would happen to publicly owned property such as school buildings and other similar facilities once annexation of a portion of Williamsburg County into Florence County is completed.

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

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December 16, 1983

Opinion on whether a Delaware bank holding company with its principal place of business in South Carolina can own one hundred (100%) percent of the voting shares of a South Carolina bank.

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

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December 16, 1983

Opinion on whether a state agency may lawfully adopt and enforce an anti-nepotism policy that is more restrictive than Section 8-5-10, Code of Laws of South Carolina, 1976 (‘the Code’).

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

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December 12, 1983

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

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

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December 12, 1983

Opinion on construction issue whether the State Commission on Higher Education must approve a plan by the Aiken Commission on Higher Education for private investors to construct student housing on land owned by the Aiken Commission.

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

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December 9, 1983

Opinion on dual office holding. Requested by The Honorable Kenneth E. Allen, Chairman, South Carolina Alcoholic Beverage Control Commission. Read full opinion.

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December 9, 1983

Opinion on whether § 16-17-210 et seq. of the Code of Laws of South Carolina (1976 as amended) may be constitutionally applied to preclude the display of a painting of a certain cartoon character upon the American flag.

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

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December 8, 1983

Opinion on use of blue lights by private/premise security companies while enforcing uniform act regulating traffic (Section 56-5-6310, Code of Laws of South Carolina, 1976, as amended).

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

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December 8, 1983

Opinion on whether Act No. 2 of 1983, requiring the imposition of child restraint systems in motor vehicles, would apply to those vehicles used by real estate agents.

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

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December 8, 1983

Opinion on which statute would apply to the seizure of property in a distraint case: Section 27–39–230, Code of Laws of South Carolina (1976), specifying property exempt from distraint, or Section 15–41–200 (1982 Cum. Supp.), concerning property exempt from attachment, levy and sale.

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

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December 7, 1983

Opinion on several questions by Family Court Judges.

Requested by Honorable Joseph W. Board, Judge, Family Court.

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December 7, 1983

Opinion on revocation of proxies.

Requested by The Honorable Edward H. Simpson, Jr., Member, South Carolina House of Representatives.

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December 7, 1983

Opinion on whether a school district may provide transportation on state-owned buses
to school children living a half mile or more off main transportation routes.

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

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December 5, 1983

Opinion on the definition of the term ‘emergency’ as it relates to Section 5–7–120, Code of Laws of South Carolina (1982 Cum. Supp.).

Requested by Jerry Cameron, Chief, Police Department, Town of Irmo.

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November 30, 1983

Opinion as to which statute is to be utilized in the selection of arbiters for the arbitration of an automobile property damage case.

Requested by The Honorable Elizabeth V. Eddins, Clerk of Court of Chesterfield County.

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November 30, 1983

Opinion on whether dormitory counselors and other Opportunity School personnel who are not licensed to practice nursing or medicine may administer prescribed and over-the-counter medications and administer first aid.

Requested by Jonnie D. Spaulding, Ed.D., Director of Student Development, Wil Lou Gray Opportunity School.

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November 29, 1983

Opinion regarding can a private business located in the city operate on Sunday between the hours of 7:00 p.m. and 9:00 p.m..

Requested by A. Ray Godshall, Esquire, City Attorney, City of Gaffney.

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November 29, 1983

Opinion on sales tax upon judicially ordered bankruptcy sales.

Requested by Mr. Steven W. Romig, Estate Administrator, United States Bankruptcy Court.

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November 28, 1983

Opinion on taxation and revenue – uniform and equal taxation.

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

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November 23, 1983

Opinion on whether § 4-9-80, Code of Laws of South Carolina, 1976 (as amended) provides a constitutionally valid means by which a special purpose district could be dissolved and its functions transferred to the county government.

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

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November 23, 1983

Opinion on what effect the dismissal of the indictment has upon the suspension and whether the Governor is required under Article VI, § 8 of the South Carolina Constitution to reinstate an employee.

Requested by Helen T. Zeigler, Special Assistant for Legal Affairs, Office of the Governor of South Carolina.

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November 23, 1983

Opinion regarding several questions concerning the Georgetown County Water and Sewer District (GCWSD).

Requested by The Honorable R. Linwood Altman, Member, South Carolina House of Representatives.

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November 22, 1983

Opinion on employment of a seventy year old or older person not current a public employee be hired as a full- or part-time in either a permanent or temporary position and related questions to the hiring.

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

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November 22, 1983

Opinion on whether time served in jail subsequent to arrest and prior to release on bond must be credited in the sentences for Driving Under the Influence, first and second offenses, and whether the minimum sentence of sixty (60) days for the third offense is mandatory.

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

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November 21, 1983

Opinion regarding tenure of service as Commissioner on the Manufactured Housing Board.

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

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November 21, 1983

Opinion on voting rights in upcoming marketing order referendum for peach producers.

Requested by Mr. Larry Yonce, President, S.C. Peach Council & Promotion Bd., Inc.

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November 18, 1983

Opinion on dual office holding (serving on the Board of School Trustees in Union County and on the Board of Trustees for the Monarch Fire Department).

Requested by Helen T. Zeigler, Special Assistant for Legal Affair’s, Office of the Governor of South Carolina.

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November 17, 1983

Opinion on whether the State Ethics Act prohibits a spouse of a member of the General Assembly from being employed by a county board that is appointed by the legislative delegation.

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

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November 16, 1983

Opinion on the constitutionality of an appropriation of public funds to certain private entities for ‘special promotions’ and ‘contributions’ under the Parks, Recreation, and Tourism budget.

Requested by Honorable Tom G. Mangum, Chairman, House Ways and Means Committee.

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November 16, 1983

Opinion on arrest warrants.

Requested by Chief Russell F. Roark, City of Union Police Department.

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November 15, 1983

Opinion on dual office holding (County Council member also serving as Commissioner of the South Carolina Department of Social Services.

Requested by Mr. James L. Solomon, Jr., Member, Richland County Council.

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November 15, 1983

Opinion on binding effect of multi-year contracts upon counties.

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

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November 15, 1983

Opinion as to the timing of an election that would have to be held if an official should resign their position as a member of the Richland County Council.

Requested by Mr. James L. Solomon, Jr., Member, Richland County Council.

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November 15, 1983

Opinion on whether powers of attorney attached to a mortgage will satisfy recording requirements in the absence of any separate indexing.

Requested by The Honorable Robert N. King, Register of Mesne Conveyances, County of Charleston.

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November 15, 1983

Opinion on whether a coroner has the authority to order a blood-alcohol test for a driver of an automobile who, because of injuries suffered in an accident, is unable to take a breathalyzer test.

Requested by The Honorable Ken Formby, County Coroner, Bamberg.

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November 14, 1983

Opinion concerning the authority to employ the Colleton County Attorney.

Requested by Gerald C. Smoak, Esquire, Smoak, Moody, Buckner & Siegel, Waterboro.

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November 14, 1983

Opinion on arrest warrant for a fraudulent check given in payment of outstanding utility bills when it is understood that unless payment is made, service will be discontinued and Section 16–13–420, Code of Laws of South Carolina, 1976 (failure to timely return certain rented objects as specified shall be guilty of larceny).

Requested by Ted B. Wyndham, Esquire, City Recorder, Greenwood.

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November 11, 1983

Opinion regarding the foreman of the Lexington County Grand Jury pursuant to § 4-9-180 of the 1976 Code of Laws of South Carolina and Chapter 13 of Title 8 of the 1976 Code of Laws of South Carolina.

Requested by The Honorable Norma C. Russell, Member, South Carolina Senate.

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November 10, 1983

Opinion on whether a particular claimant is entitled to free tuition under § 59-111-20 of the Code of Laws of South Carolina (1976), as amended.

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

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November 10, 1983

Opinion on dual office holding (person serving concurrently on Florence County Election Commission and on the governing board of the South Carolina Protection and Advocacy System for the Handicapped, Inc.).

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

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November 10, 1983

Opinion on dual office holding (Town Council member also retaining position as Deputy coroner).

Requested by Mr. William B. Smith, Jr., Berkeley County Coroner.

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November 7, 1983

Opinion regarding what entity is the appropriate recipient of the Job Training Partnership Act funds to be paid by the Governor’s Office in light of a prior opinion dated June 29, 1979.

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

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November 4, 1983

Opinion on the applicability of the South Carolina Freedom of Information Act to the disclosure of Supplementary Homicide Reports as well as the propriety of referring inquirers to the local law enforcement agencies for the same information.

Requested by Lieutenant Jerry Hamby, South Carolina Law Enforcement Division.

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November 4, 1983

Opinion as to whether a defendant acquitted of the offense of failing to obey a traffic control signal may then be charged with the offense of driving too fast for conditions and convicted, without problems of double jeopardy arising.

Requested by The Honorable Julian L. Stoudemire, Judge, Municipal Court, Walhalla.

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November 3, 1983

Opinion on estate taxes – election to qualify property as qualified terminal interest property.

Requested by Mr. William R. Geddings, Jr., Director, Income and Estate Division.

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November 3, 1983

Opinion on whether a County Coroner may lawfully appoint a Magistrate as ‘Acting Coroner.’

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

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November 2, 1983

Opinion on whether a coroner’s inquest is open to the public, and whether the coroner’s records must be disclosed to the public upon request.

Requested by The Honorable Dick Elliott, Member, South Carolina House of Representatives.

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November 2, 1983

Opinion on taxation and revenue, levy of additional costs when time for execution and sale is extended (Section 12-1-20).

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

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November 2, 1983

Opinion on determining area and preparing a legal description of the proposed annexation of Hemingway, Johnson Township in Williamsburg County.

Requested by Mr. Ferrell J. Prosser, State Surveyor, South Carolina Geological Survey.

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November 2, 1983

Opinion on the interpretation of ‘murder was committed by a person with a prior record of conviction for murder.’ Section 16-3-20(C)(a)(2), Code of Laws (1976).

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

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November 2, 1983

Opinion regarding Section 21-21-10, South Carolina Code Ann. (Supp. 1982).

Requested by N. Gruber Sires, Jr., Esquire, Oconee County Public Defender.

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November 2, 1983

Opinion on vehicle registration for an out-of-state construction worker and other questions.

Requested by Wendal E. Jenkins, Chief, Pickens Police Department.

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November 2, 1983

Opinion on dual office holding (Horry County Magistrate serving on Board of Directors of the Horry Electric Cooperative, Inc.).

Requested by Jeff Boyd, Staff Attorney, South Carolina Court Administration.

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November 2, 1983

Opinion regarding exemptions provided in Sections 12-7-310(10) and 12-37-220(29) of
the South Carolina Code of Laws (1976).

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

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October 31, 1983

Opinion on when and under what circumstances a person becomes a legal resident of Florence County.

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

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October 31, 1983

Opinion as to the creditability of the service of the person who served as the States’ Regional Representative in Washington for the Coastal Plains Regional Commission.

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

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October 28, 1983

Opinion as to whether a real estate owner can build a house for sale or rent on his property without either being a licensed builder himself or having a licensed builder construct the house.

Requested by Mr. John T. Watkins, Director, South Carolina Residential Home Builders Commission.

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October 27, 1983

Opinion concerning the authority of a municipality to fund the costs of highway or street construction (§ 5-27-310) that provides for special assessments to abutting property owners and seek information of other funding sources.

Requested by Edgar L. Dyer, III, Esquire, Myrtle Beach.

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October 27, 1983

Opinion on whether documentary stamps [pursuant to §§ 12-21-380 and 12-25-10, Code of Laws of South Carolina of 1976] must be affixed to the attached deed.

Requested by The Honorable Robert N. King, Register of Mesne Conveyance, County of Charleston.

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October 26, 1983

Opinion as to the applicability of Section 40-59-130, S.C. Code Ann. to a builder licensed as a general contractor with clarification as a superintendent who has contracted to build a home.

Requested by Mr. John T. Watkins, Director, South Carolina Residential Home Builders Commission.

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October 26, 1983

Opinion on whether the Residential Home Builders Commission has authority to prorate the annual license fee.
.

Requested by Mr. John T. Watkins, Director, South Carolina Residential Home Builders Commission.

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October 26, 1983

Opinion on when Act No. 93 of the 1983 Acts and Joint Resolutions shall take effect.

Requested by Mr. John T. Watkins, Director, South Carolina Residential Home Builders Commission.

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October 25, 1983

Opinion on whether a county school board composed of both elected and appointed members may be delegated taxing authority by the General Assembly without violating Article X, § 5 of the Constitution of South Carolina, which Article prohibits taxation without representation.

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

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October 24, 1983

Opinion on whether a probate may properly be dated before the date of the instrument, and additionally, whether the name in the probate should be identical to the signature, and the same throughout the instrument.

Requested by The Honorable Robert H. King, Register Mesne Conveyances, Charleston.

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October 21, 1983

Opinion on whether the citizens of Murrells Inlet in Georgetown County, and the citizens of Garden City, in Horry County, can incorporate.

Requested by The Honorable Ben E. Thrailkill, Jr., D.D.S., Member, South Carolina House of Representatives.

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October 20, 1983

Opinion on dual office holding (serves simultaneously as Executive Director of the York County Council on Aging, Inc., and as an appointed member of the Destinations Transportation Authority).

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

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October 20, 1983

Opinion on if a person who sponsors a social event, i.e., a dance or fashion show, and charges a cover charge for admission, and provides beer to those attending the social event, is required to possess a license pursuant to § 61-9-310, Code of Laws of South Carolina, 1976 (1982 Cum.Supp.).

Requested by The Honorable C. L. Richards, Chief of Police, City of Clinton.

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October 20, 1983

Opinion on the constitutionality of a provision of § 153 of the 1983-84 Appropriations Act (Act No. 151 of 1983).

Requested by Mr. Steven W. Hamm, Administrator, S. C. Department of Consumer Affairs.

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October 20, 1983

Opinion on whether §§ 8-13-70 and 58-3-142, Code of Laws of South Carolina, 1976 (1982 Cum.Supp.) prohibits a member of the General Assembly or an attorney associated with your law practice from representing a ‘radio common carrier’ in its application for a certificate of public convenience and necessity with the Public Service Commission.

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

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October 19, 1983

Opinion on whether it is unlawful to register voters in South Carolina on Sunday.

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

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October 18, 1983

Opinion as to the application of a proviso in the Appropriations Act for the Department of Education. R241 § 28, 1983.

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

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October 18, 1983

Opinion on if the Horry County Council is required to provide a member of the legislative delegation, with office space as required by the Home Rule Act of 1975.

Requested by The Honorable Ben E. Thrailkill, Jr., Member, South Carolina House of Representatives.

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October 18, 1983

Opinion concerning §§ 8-13-470 and 58-3-142, South Carolina Code of Laws, 1976 (1982 Cum.Supp.).

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

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October 18, 1983

Opinion on whether a licensed life insurance agent may serve as executive secretary of the South Carolina Funeral Director’s Association in view of the language of Section 38-9-530, Code of Laws of South Carolina, 1976.

Requested by The Honorable Nikki Setzler, Member, South Carolina Senate.

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October 17, 1983

Opinion on whether a marriage license should be issued to members of the same sex.

Requested by The Honorable Martha D. Newton, Probate Judge for Anderson County.

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October 17, 1983

Opinion on several matters as to planned cooperation by the medical schools of the two universities.

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

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October 17, 1983

Opinion on if a special fire district is created for Kiawah Island with an appropriate tax base imposed to support such a district, will Kiawah Island still be liable for property taxes that now, in part, support the St. Johns Fire District.

Requested by The Honorable McKinley Washington, Jr., Chairman, Charleston County Legislative Delegation.

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November 16, 1983

Opinion on the constitutionality of an appropriation of public funds to certain private entities for ‘special promotions’ and ‘contributions’ under the Parks, Recreation, and Tourism budget.

Requested by Honorable Tom G. Mangum, Chairman, House Ways and Means Committee.

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October 14, 1983

Opinion on whether there are any legal means to get a vehicle, registered in South Carolina and having an expired inspection sticker, to an inspection station other than towing or hauling it in some manner.

Requested by The Honorable John P. Hooks, Sr., Horry County Magistrate.

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October 11, 1983

Opinion on whether the Lexington County Delegation could vote to transfer cases that would be heard by a magistrate at the present vacant location to other magistrates within Lexington County without depriving any defendants, civil or criminal, of any constitutional rights.

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

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October 10, 1983

Opinion on attorney’s fees and costs to Solicitor’s Office, County Attorney’s Office or county in actions brought under the Uniform Reciprocal Enforcement of Support Act.

Requested by The Honorable Robert J. Harte, Solicitor, Second Circuit.

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October 10, 1983

Opinion as to the legal status of the Clarendon County Development Board and whether it is an “employer” within the meaning of South Carolina Code of Laws, on , § 9-1-10(5).

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

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October 10, 1983

Opinion on Section 22-3-1370 (requires Order restraining the defendant from damaging, concealing or removing the property in question be issued by a judge).

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

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October 10, 1983

Opinion as to what constitutes a ‘private or public source’ as utilized in Section 16-3-1190 of the Code of Laws of South Carolina (1976 as amended).

Requested by J. Robert Turnbull, Jr., Deputy Director, S.C. Crime Victim’s Compensation Fund.

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October 7, 1983

Opinion regarding several questions on poll watchers or registered electors, challenged ballots.

Requested by James B. Ellisor, Executive Director, South Carolina Election Commission.

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October 6, 1983

Opinion on two questions related to the recovery by State agencies of indirect costs on Federally-funded programs.

Requested by Honorable Patrick B. Harris, Chairman, Joint Appropriations Review Committee.

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October 5, 1983

Opinion on whether the borrower’s affidavit required by South Carolina Law Enforcement Division v. Crook, et al., 255 S.E.2d 846 (1979) is still required to protect an ‘innocent lienholder’ under present law.

Requested by Captain Orey F. Stutts, Special Investigations Division, Charleston County Police Department.

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October 4, 1983

Opinion on dual office holding (serve on the Florence Voter Registration Board while serving as a member of the Northwest Neighborhood Project Committee, and additionally as Chairperson of the Land and Grant Committee of the City of Florence Housing Rehabilitation Program.

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

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October 4, 1983

Opinion on Child Protection Act and the duties of the Dept. of Social Services to investigate reports of suggested child abuse or neglect in all juvenile delinquency detention institutions, jails or facilities (Section 20-7-480, et seq.)

Requested by Honorable Harry W. Davis, Jr., Commissioner, South Carolina Department of Youth Services.

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September 30, 1983

Opinion on dual office holding (serve on the State Development Board and also serve on the Cherokee County Development Board).

Requested by Mr. Dolphus C. Medley, Cherokee County Administrator.

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September 29, 1983

Opinion on dual office holding (serve as Director of the Greenville County Law Enforcement Support Department as well as Mayor or a member of the City Council of Simpsonville).

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

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September 29, 1983

Opinion as to whether the Register of Mesne Conveyance office must file and record copies of Petitions of Bankruptcy.

Requested by Ms. Virginia T. Hafen, Register of Mesne Conveyance, Spartanburg County.

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September 29, 1983

Opinion on whether (1) there is potential liability to the state or its political subdivisions where a prisoner who is allowed to work outside the correctional facility while participating in a work release, extended work release or a furlough program causes injury to a third person and (2) whether there is potential liability to the state or its political subdivisions when a person who is convicted of DUI and volunteers to perform public service work in lieu of imprisonment is injured while performing such service.

Requested by Honorable Thomas M. Marchant, III, Assistant Minority Leader, South Carolina House of Representatives.

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September 29, 1983

Opinion as to ownership of equipment and library books at the various technical colleges.

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

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September 28, 1983

Opinion on whether the report issued by the ‘Transition Committee’ created by Section 44-6-110, Code of Laws of 1976, as amended (see Act No. 83 of 1983), is in compliance with the Act.

Requested by Honorable John A. Crosscope, Jr., Interim Commissioner, S. C. Department of Social Services.

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September 28, 1983

Opinion on whether the Public Service Commission has authority to regulate regional transportation authorities.

Requested by Helen Zeigler, Special Assistant for Legal Affairs.

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September 27, 1983

Opinion on the legality of automobile racing, musical concerts and bingo on Sunday.

Requested by Sheriff Joe Wallace, Cherokee County.

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September 26, 1983

Opinion on taxation and revenue – property – qualifying ownership for residential classification.

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

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September 26, 1983

Opinion regarding taxation, municipal ordinance, business license tax.

Requested by The Honorable J. Ira Ruff, Mayor, Town of Leesville.

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September 26, 1983

Opinion on taxation and revenue – sale of property of a minor for nonpayment of taxes.

Requested by William C. Keels, Esquire, Chester County Attorney.

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September 26, 1983

Opinion regarding § 12–47–70 (taxation and revenue – refund of property taxes).

Requested by Stephen D. Baggett, Esquire, Attorney for Greenwood County.

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September 26, 1983

Opinion on dual office holding (serve as Commissioner on Lexington County Soil and Water Conservation District and on the South Carolina State Board of Financial Institutions).

Requested by Mr. Raymond S. Caughman, President, The Lexington State Bank.

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September 26, 1983

Opinion reviewing May 19, 1982 opinion on whether advertising supplements to newspapers (‘preprints’) qualify as ‘newspapers within the meaning of § 12-35-550(7) of the Code of Laws of South Carolina (1976 as amended) so that they are exempt from the sales tax.’

Requested by Mr. John T. Weeks, Chairman, South Carolina Tax Commission.

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September 26, 1983

Opinion on taxation and revenue, property, immunity of Small Business Administration from Ad Valorem taxes exempting property transferred prior to tax becoming a fixed charge.

Requested by Margaret D. Jackson, Treasurer, Clarendon County.

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September 26, 1983

Opinion on §§ 53-1-10, et seq. of the Code of Laws (Blue Laws), regarding the sale of automobile parts.

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

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September 26, 1983

Opinion on how the budgets of nine (9) special purpose districts or commissions in Charleston County can continue to be approved by the legislative delegation in a manner that is legally proper.

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

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September 23, 1983

Opinion on whether the words ‘tort liability’ as used in the first sentence of Section 1–11–140 of the Code of Laws of South Carolina (1976) refers to automobile liability.

Requested by William A. Moore, Budget and Control Office.

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September 21, 1983

Opinion regarding can a county auditor examine and review the records of taxpayers who are required to file personal property tax returns with that office.

Requested by Mr. James L. Brodie, Supervisor – Reassessment, Property Division.

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September 21, 1983

Opinion regarding the pre-adjudicatory detention of juveniles pursuant to Section 20–7–600, Code of Laws (1976) (Pre-Adjudicatory Detention of Juveniles).

Requested by The Honorable Joseph W. Board, Judge, Thirteenth Judicial Circuit.

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September 20, 1983

Opinion on taxation and revenue – property tax – plat recordation.

Requested by Mr. Jimmy McCollum, Pickens County Assessor.

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September 20, 1983

Opinion on pay raises voted on and approved by town council and mayor, when the officials can start receiving the pay raises, or do they have to wait until the next general election.

Requested by The Honorable C. B. Inabinett, Mayor, Town of Ravenel.

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September 20, 1983

Opinion on whether Laurens County may lawfully pay to those of its employees who elect not to participate in the County sponsored group health insurance plan an amount equal to the cost to the County of providing coverage under the plan to such employees.

Requested by The Honorable Joe R. Babb, Councilman, Laurens County.

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September 15, 1983

Opinion on proper disposition of money which remained as an Unreserved General Fund at end of FY 82-83 and whether any obligation exists to transfer those funds to the General Reserve Fund.

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

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September 15, 1983

Opinion on dual office holding (a City Councilman to serve as full-time interim Director of the Greenville County Recreation Commission, which is a position appointed by the Commission).

Requested by David H. Wilkins, Esquire, Mauldin.

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September 15, 1983

Opinion on dual office holding (a member of the Orangeburg County Board of Education to also serve as a Branchville City Councilman).

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

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September 15, 1983

Opinion on dual office holding (for a person to concurrently hold the position of Mayor of Sellers and as a Trustee of Marion #1 Schools).

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

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September 15, 1983

Opinion on dual office holding (an Aiken County Schools Trustee to also serve as Director/Treasurer of the Beech Island Rural Community Water District.

Requested by Executive Director, State Ethics Commission.

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September 15, 1983

Opinion on applicability of § 11-35-50, Code of Laws of South Carolina, 1976 (as amended) (City of Bamberg Board of Public Works).

Requested by William S. Kemp, Esquire, Bamberg.

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September 15, 1983

Opinion on dual office holding (member of the Chesterfield County Library Board of Trustees to also serve as the Chesterfield County Public Defender).

Requested by Ms. Alice R. Copeland, Personnel Director, Chesterfield County Council.

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September 14, 1983

Opinion on the effective date for applicants for commissioning as Notaries Public to pay the increased filing fee.

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

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September 12, 1983

Opinion on dual office holding (member of the Board of Trustees of Lexington County Hospital to also serve as a member of the Board of Directors of the Lexington County Health Care Association, Inc.).

Requested by Ernest J. Nauful, Jr., Esquire, Nauful & Ellis, Columbia.

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September 9, 1983

Opinion on whether as a matter of Federal law any employee of the ABC Commission who is a member of a reserve component of the armed services is entitled to a leave of absence to enter into a period of active duty with that branch of the armed services and whether as a matter of Federal law what, if any, reemployment rights would the employee have with the Commission at the conclusion of his tour of active duty should he desire to return to the Commission’s employ.

Requested by Kenneth E. Allen, Chairman; Sally J. Scott, Commissioner, and Elliott D. Thompson, Commissioner, Alcoholic Beverage Control Commission.

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September 8, 1983

Opinion as to on whether the South Carolina Freedom of Information Act would authorize disclosure or release of an applicant’s complete file, including confidential letters of reference, to the applicant by the Board of Examiners for Nursing Home Administrators.

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

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September 8, 1983

Opinion on whether a county council by local ordinance, have the authority to limit or restrict the number of terms a person may serve on a county board or commission having originated from a state statute.

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

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September 8, 1983

Opinion as to the constitutionality and interpretation of § 50–17–506, 1976 Code of Laws of South Carolina, as amended by Section 1 of Act No. 128 of 1983.

Requested by Dr. James A. Timmerman, Jr., Executive Director, Wildlife and Marine Resources Department.

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September 8, 1983

Opinion on whether the Budget and Control Board could establish procedures for reporting the personal use of state owned motor vehicles by employees to the Internal Revenue Service and the State Tax Commission and thereby satisfy the requirements of Section 164, Part I, Act 151 of 1983.

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

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September 7, 1983

Opinion on whether a person convicted of involuntary manslaughter may legally acquire and possess a pistol in this State.

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

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September 7, 1983

Opinion on whether the Saluda River at the Town of Ware Shoals should be considered a navigable river as a matter of law, and if so, whether the police power of the town extends to locations in the bed of the river.

Requested by G. William Thomason, Esquire, Attorney for Town of Ware Shoals.

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September 7, 1983

Opinion regarding § 3, Part II of the 1983-84 Appropriations Act (hereinafter the Act) concerning the South Carolina Mental Health Department (hereinafter the Department).

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

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September 7, 1983

Opinion on whether an offer in South Carolina to license a marketing program, trademark, trade name, etc. (commonly referred to as the sale of a franchise) is exempt from registration under our Business Opportunity Sales Act Section 39-57-10, et seq., Code of Laws of South Carolina (1976 as amended).

Requested by Mr. Stanley V. Lewis, Deputy Securities Commissioner.

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September 6, 1983

Opinion on dual office holding (Hanahan city councilman to also serve as a part-time unpaid voting registrar for Berkeley County).

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

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September 6, 1983

Opinion as to the authority of and relationship between the State Board for Technical and Comprehensive Education (State Board) and the area commissions for the technical education centers (area commissions).

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

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September 6, 1983

Opinion on applicability of Section 24-21-610, Code of Laws (1976), as amended (1981), to inmates presently surviving sentences in South Carolina.

Requested by Mr. J.P. Pratt, II, Executive Director, South Carolina Department of parole and Community Corrections.

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September 2, 1983

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

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

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September 2, 1983

Opinion on dual office holding (member of the Hampton City Council to also serve as the Assistant Coroner for Hampton County).

Requested by Gordon L. Rhoden, Coroner, Office of the Coroner of Hampton County.

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September 1, 1983

Opinion on what is meant by the term ‘public notice’ as used in §4–9–110, Code of Laws of South Carolina, 1976.

Requested by Mary T. Turner, Clerk, Greenville County Council.

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September 1, 1983

Opinion on Prison Overcrowding Powers Act and the authority of the Bd. of Corrections to establish conditions precedent prior to the release of an inmate based upon public safety concerns.

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

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August 31, 1983

Opinion on the interpretation of the meaning of the exemptions set out in the State Consolidated Procurement Code at § 11-35-710, Code of Laws of South Carolina, 1976, (as amended).

Requested by Victor S. Evans, Esquire, Legal Department, South Carolina Department of Highways and Public Transportation.

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August 31, 1983

Opinion as to the state of title of Pumpkinseed Island, an uninhabited marsh island in Winyah Bay, Georgetown County.

Requested by Mr. Stuart E. Greeter, Jr., Environmental Planner, S.C. Wildlife & Marine Resources Department.

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August 31, 1983

Opinion regarding if a municipality that desires to change the term of office of the mayor and council must hold a referendum election on this proposed change.

Requested by John W. Still, Greenwood County Councilman.

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August 31, 1983

Opinion on whether Act 102, Acts of 1973, control for the collection of delinquent taxes in McCormick County.

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

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August 30, 1983

Opinion on whether an area seeking to be incorporated must be contiguous.

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

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August 30, 1983

Opinion on construction of hangars at Owens Field.

Requested by Mr. Richard Black, Richland County Administrator.

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August 29, 1983

Opinion on the appointment of members of the Anderson County Fire Commission.

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

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August 29, 1983

Opinion on dual office holding (member of Commission on Parks, recreation and Tourism to also serve as an Aiken city councilman.

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

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August 29, 1983

Opinion on whether Mr. Johnny B. Shelly is eligible to continue serving on the Marion County Board of Social Services.

Requested by Helen T. Zeigler, Esquire, Special Assistant for Legal Affairs, Office of the Governor.

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August 25, 1983

Opinion on the use of dogs in detection of drugs and explosives.

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

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August 25, 1983

Opinion concerning the use of a hearing officer either from this office or another agency, to preside over hearings regarding the suspension or revocation of licenses, regulations, and permits granted by SLED.

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

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August 24, 1983

Opinion on whether a special election can be held at the same time as a regularly scheduled municipal election to fill a vacancy on the Georgetown County Board of Education.

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

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August 23, 1983

Opinion on whether an optometrist can advertise his professional services (examinations) at a reduced price for a limited time.

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

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August 23, 1983

Opinion on dual office holding (South Congaree Town Clerk to also serve as a city council member for the Town of Pine Ridge).

Requested by Lauraette K. Hensley, Clerk of the Town of South Congaree.

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August 19, 1983

Opinion on payment under protest of property tax.

Requested by William C. Keels, Esquire, Chester County Attorney.

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August 18, 1983

Opinion on whether a member of the Aiken County Council has the right of access to the personnel records of county employees.

Requested by Robert M. Bell, Esquire, Aiken County Attorney.

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August 18, 1983

Opinion on if the provisions of South Carolina code of laws, 1976, Section 4–9–90, as amended, which concerns reapportionment applies to only counties or if it would also apply to municipalities.

Requested by Richard Ruhle, Esquire, Anderson City Attorney.

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August 18, 1983

Opinion regarding authority of Calhoun County School district to spend funds allocated to it in 1983–84 from sources other than carry-over funds appropriated by the General Assembly for 1982–83.

Requested by Member, South Carolina Senate and Member, South Carolina House of Representatives.

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August 16, 1983

Opinion on dual office holding (member of State Health and Human Services Finance Commission and Director of the Florence County Community Action Agency).

Requested by The Honorable Frank Gilbert, Member, South Carolina House of Representatives.

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August 16, 1983

Opinion on whether or not artist fellowships and grants are subject to taxation.

Requested by Mr. Richard Fisher, Visual Arts Coordinator, S. C. Arts Commission.

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August 15, 1983

Opinion on Community Mental Health Board vacancies and procedures for filling them.

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

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August 12, 1983

Opinion on Section 31-17-90 of the 1976 Code as amended, appointment and qualifications for person serving on South Carolina Manufactured Housing Board.

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

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August 10, 1983

Opinion on Section 40-37-210 (whether investigations and proceedings involving complaints to the Board of Optometry are confidential). Requested by Dr. Alva S. Pack, III. Read full opinion.

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August 10, 1983

Opinion on whether or not there exists a criminal statute which would punish the willful and intentional sale or disposition of a motor vehicle on which a lien exists, with intent to defraud the lienholder.

Requested by The Honorable Wade S. Kolb, Jr., Solicitor, Third Judicial Circuit.

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August 9, 1983

Opinion on where partial restitution is made both before a warrant is executed and after a warrant has been executed but prior to the case being tried.

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

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August 9, 1983

Opinion concerning a provision for the Horry County Commission on Higher Education which designates the Commission as being ‘self-perpetuating’.

Requested by The Honorable Benjamin E. Thrailkill, Jr., Member, South Carolina House of Representatives.

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August 9, 1983

Opinion on whether the South Carolina Department of Highways and Public Transportation may qualify under R. 61–79.5 for a Hazardous Waste Transporter Permit as required by law or whether it is exempt.

Requested by Dennis N. Cannon, Jr., Staff Counsel, South Carolina Department of Health and Environmental Control.

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August 9, 1983

Opinion on taxation and revenue – tax reduction.

Requested by Charles W. Whetstone, Jr., Esq, Attorney for Town of Elloree.

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August 8, 1983

Opinion with respect to the scope of the open meeting and notice requirements of the South Carolina Freedom of Information Act, §§ 30–4–10 et seq. of the Code of Laws of South Carolina (1976 amended).

Requested by Charleston County Attorney.

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August 5, 1983

Opinion on what state agencies must do in order to satisfy that provision of Section 153 of the 1982-83 Appropriations Act.

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

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August 4, 1983

Opinion on Blue Laws.

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

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August 3, 1983

Opinion on Sections 44–53–40, 44–53–390(a)(3), and 44–53–420, Code of Laws of South Carolina (1976), as amended.

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

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August 3, 1983

Opinion on jury selection procedure in magistrate’s court.

Requested by The Honorable Allan T. Holmes, Chief Judge for Administrative Purposes.

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August 3, 1983

Opinion on whether a charge of driving under the influence or any other misdemeanor found during the investigation of an applicant’s background for a concealed weapon permit, preclude SLED from issuing such permit under the provisions of Section 23-31-120, Code of Laws of South Carolina (1976), as amended.

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

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August 2, 1983

Opinion whether a member of a county board of education who is expected to be appointed to the state board of education would have to resign his seat in order for both the county board of education and state board of education to hold both elections on the same day.

Requested by Jack M. Scoville, Jr., Chairman, Georgetown County Election Commission.

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August 2, 1983

Opinion as to the term length of the Town’s Election Commission.

Requested by The Honorable Maceo Montgomery, Acting Mayor, Town of Lynchburg.

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August 2, 1983

Opinion on South Carolina Code of Laws, 1976, Sections 5-3-30 and 5-3-40 regarding consolidation.

Requested by The Honorable J. Ira Ruff, Mayor, Town of Leesville.

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August 2, 1983

Opinion on whether a mayor pro tempore can finish out term of mayor who resigned before term is up or if a special election can be held.

Requested by The Honorable Charles Ross, Mayor, Town of Lincolnville.

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August 2, 1983

Opinion on procedure to fill vacancy on Fairfield County Council when council member dies and there is time remaining on the member’s term of office.

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

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July 29, 1983

Opinion on whether a bond can be estreated when a defendant fails to appear upon the return date of a recognizance and it is discovered either before or after the return date that the defendant was incarcerated in a detention facility in a county other than that where the bond was returnable.

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

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July 29, 1983

Opinion on the decision by the Water Resources Commission that the creek known as Whitford Stage is not regarded by the Commission as being a navigable water of South Carolina.

Requested by O. Harry Bozardt, Jr., Esquire, Orangeburg.

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July 29, 1983

Opinion on who has the responsibility to preserve the site known as Minim Island Shell Midden, an archaeological site on the National Register of Historic Places.

Requested by Mr. Charles E. Lee, State Historic Preservation Officer, S.C. Department of Archives and History.

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July 29, 1983

Opinion clarifying the authority of the Horry County Delegation to create a ‘Blue Ribbon’ Committee to study the Horry County school system.

Requested by The Honorable H. E. Pearce, Jr., Member, South Carolina House of Representatives.

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July 29, 1983

Opinion on the proper method of establishing school tax millage in Hampton County.

Requested by A.G. Solomons, Jr., Esquire, Estill.

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July 28, 1983

Opinion on whether confidentiality restrictions would apply to various patient records of the Department of Mental Health from the 19th and early 20th centuries, if such records were to be transferred to the Department of Archives and History.

Requested by Mr. Charles E. Lee, Director, S.C. Department of Archives and History.

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July 28, 1983

Opinion on whether Sections 40-5-310 and 40-5-320, Code of Laws of South Carolina, forbid paid officers or employees of corporations from representing their respective places of employment in civil actions in magistrate’s court.

Requested by The Honorable Samuel Peay, Upper Township Magistrate.

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July 28, 1983

Opinion on whether the Finance Committee of the Board of Trustees of the Cherokee County Memorial Hospital is subject to the public meeting requirements of the Freedom of Information Act.

Requested by Mr. Gary E. Clary, Esquire, Gaffney.

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July 28, 1983

Opinion on whether the dedication of a river bottom to the South Carolina Heritage Trust would prevent the construction of a dam that is permitted by the Federal Energy Regulatory Commission (FERC).

Requested by Mr. Stuart E. Greeter, Jr., Environmental Planner, S.C. Heritage Trust.

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July 27, 1983

Opinion on whether the Chester County Council is empowered to enlarge the service area of the Chester Sewer District pursuant to § 6-11-430, Code of Laws of South Carolina, 1976 (as amended).

Requested by Arthur Lee Gaston, Esquire, Chester.

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July 26, 1983

Opinion on taxation and revenue—alternate procedure for the collection of delinquent taxes.

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

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July 26, 1983

Opinion on clarification of the following portion of Section 56-5-2950 (Implied Consent Law—DUI).

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

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July 26, 1983

Opinion as to whether a member of the St. Stephens Town Council, who also serves as Mayor Pro Tempore, and is indicted for bribery pursuant to U.S.C. § 201(b)(2), may be suspended pursuant to Article VI, § 8 of the South Carolina Constitution.

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

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July 26, 1983

Opinion on what is the proper procedure for a town council to go into Executive Session to discuss the town’s legal affairs, and by what margin must the vote for Executive Session be.

Requested by David D. Cantrell, Jr., Esquire, Chapman & King, Anderson.

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July 26, 1983

Opinion on whether the Family Court must follow the procedure of Title 44, Chapter 21 of the Code of Laws of South Carolina, (1976), in the commitment of a child to the Department of Mental Retardation.

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

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July 26,1983

Opinion on State Health and Human Services Finance Commission.

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

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July 26, 1983

Opinion on the legal status of the South Carolina Research Authority, and whether it is an ‘employer’ within the meaning of South Carolina Code of Laws, Section 9-1-10(5).

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

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July 26, 1983

Opinion on whether X, Inc. is required to procure a wholesale beer permit pursuant to Section 61-9-310, Code of Laws of South Carolina, 1976 (1982 Cum.Supp.).

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

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July 25, 1983

Opinion regarding discretion of Solicitor to place Magistrate Court Cases in Pre-Trial Intervention Program.

Requested by Mr. Morgan Martin, Deputy Solicitor, Fifteenth Judicial Circuit.

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July 25, 1983

Opinion as to whether the Marion County Council may by ordinance provide for adding an additional sum to each fine levied in the Magistrate’s Court or General Sessions Court to be earmarked for use by the Marion County Commission on Alcohol and Drug Abuse.

Requested by Mr. William H. Seals, Esquire, Marion County Attorney.

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July 25, 1983

Opinion if Joint Appropriations Review Committee’s consideration of the Governor’s recommendation for the 1984 Social Services Block Grant Plan but no motion made constitutes approval or disapproval.

Requested by The Honorable Patrick B. Harris, Chairman, Joint Appropriations Legislative Review Committee.

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July 25, 1983

Opinion on Section 23-23-80, Code of Laws of South Carolina (1976).

Requested by Chief Wayne Wilson, Chief of Police, Gray Court.

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July 22, 1983

Opinion on insurance for active employees who are drawing state retirement.

Requested by Mr. Lewis Boyd-Leopard, Insurance Benefits Supervisor.

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July 22, 1983

Opinion as to whether the jurisdiction for any criminal action lies in South Carolina or the other State.

Requested by The Honorable Robert J. Harte, Solicitor, Second Judicial Circuit.

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July 22, 1983

Opinion on whether the Budget and Control Board is required to take further action regarding certain minor changes to a bond issue that has already been approved by the Board.

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

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July 20, 1983

Opinion on Taxation and revenue – renewal of agricultural land classification for the 1983 tax year.

Requested by Mr. James L. Brodie, Supervisor—Reassessment, Property Tax Division.

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July 20, 1983

Opinion on whether juveniles who are seventeen (17) years old and juveniles who are sixteen (16) years old, both under Family Court Jurisdiction, must be separated in the Detention Center.

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

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July 18, 1983

Opinion on whether the Pallet Manufacturing Operations conducted by the South Carolina Vocational Rehabilitation Department in Sumter, South Carolina, is authorized by and in compliance with both federal and state statutes.

Requested by The Honorable Norma C. Russell, Member, South Carolina Senate.

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July 18, 1983

Opinion on whether an adult prisoner can be employed as a youth counselor, chaplain’s aide, or recreation assistant in the Department of Youth Services.

Requested by Mr. Michael Grant LeFever, Deputy Commissioner, South Carolina Department of Youth Services.

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July 14, 1983

Opinion on § 16-13-430 (Act No. 548) regarding obtaining or attempting to obtain food stamps or coupons by fraud.

Requested by Mr. John A. Crosscope, Jr., Interim Commissioner, South Carolina Department of Social Services.

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July 13, 1983

Opinion on whether the Orangeburg County Board of Registration had authority to make various changes in the description of the precinct lines in Orangeburg County.

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

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July 12, 1983

Opinion regarding what point is an arrest warrant releasable under the South Carolina Freedom of Information Act.

Requested by The Honorable Samuel R. Foster, Member, South Carolina House of Representatives.

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July 12, 1983

Opinion as to whether State Desegregation Plan funds may be used to purchase textbooks for the use of students enrolled in private colleges.

Requested by The Honorable James L. Solomon, Jr., Assistant Director, South Carolina Commission on Higher Education.

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July 12, 1983

Opinion as to the authority of the Pendleton District Historical and Recreational Commission to convey the property known as the ‘Woodburn Place’ to the Foundation to Historic Restoration in the Pendleton area, an eleemosynary corporation.

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

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July 12, 1983

Opinion on whether the expenditure by Solicitors of State-appropriated funds is subject to Sections 11-9-10, 11-9-20, 11-9-70, 11-9-210, 11-9-220 and 11-9-230, 1976 Code of Laws of South Carolina.

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

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July 11, 1983

Opinion concerning a recent amendment to the South Carolina Hazardous Waste management Act (specifically addressing prohibition set out in Section 4(d)).

Requested by The Honorable Rufus L. Edmisten, Attorney General, State of North Carolina.

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July 11, 1983

Opinion on whether the Horry County Legislative Delegation may create a ‘Blue Ribbon Committee’ concerning education matters in Horry County and empower that Committee to exercise certain sovereign powers with respect to education.

Requested by The Honorable Dick Elliott, Member, South Carolina House of Representatives.

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July 11, 1983

Opinion as to whether an individual, licensed as a cosmetologist, must also have to obtain a license as an esthetician in order to practice skin care, make-up or similar work.

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

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July 11, 1983

Opinion as to whether a committee established by the Greenville County Legislative Delegation will be subject to the Freedom of Information Act, Sections 30–4–10 et seq. of the Code of Laws of South Carolina (1976), as amended.

Requested by The Honorable Harry A. Chapman, Jr., Member, South Carolina Senate.

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July 8, 1983

Opinion as to whether an individual may assign retirement funds as security for a loan.

Requested by F. M. C. Fralix, President, S.C. State Employees Credit Union.

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July 8, 1983

Opinion concerning when is the tax levy effective upon approval of the Bill by the Governor or upon some other date.

Requested by The Honorable Dwight F. Drake, Office of the Governor, South Carolina.

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July 8, 1983

Opinion concerning how members of a Grand Jury are selected, the types and the extent of powers granted to a Grand Jury and concerning what action can be taken if a Grand Jury exceeds its authority.

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

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July 8, 1983

Opinion on whether blinking one’s headlights on and off during daylight hours constitute a violation of S. C. Code Ann., § 56–5–4830 (1976) or is it unlawful for an individual to blink his headlights under any other law of this State.

Requested by The Honorable W. H. Simmons, Jr., Chief Judge, Magistrate’s Office—James Island District.

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July 8, 1983

Opinion on whether the casual excise tax apply to marine vessels documented by the United States Coast Guard.

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

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July 8, 1983

Opinion on whether a governing body can establish a reserve fund with the funds and expend the same in subsequent years for the same designated public purposes.

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

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July 8, 1983

Opinion as to how a school district composed of territory from two counties may alter its lines.

Requested by The Honorable Olin R. Phillips, Member, South Carolina House of Representatives.

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July 8, 1983

Opinion on whether it would be a violation of the dual office holding provisions of the South Carolina Constitution for an individual to serve on both the Dorchester County Vocational Education Board of Trustees and a Dorchester County school board.

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

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July 8, 1983

Opinion on whether it would be a violation of the dual office holding provisions of the South Carolina Constitution for a member of the Marion County Election Commission to also serve as a member of a county school board.

Requested by The Honorable Robert B. Brown, Member, South Carolina House of Representatives.

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July 8, 1983

Opinion on whether (1) a nonresident person in military service in Texas can register an automobile in South Carolina because the fee is less than that charged by Texas, (2) is the motor vehicle subject to property taxation and (3) if not taxable, should the county auditor issue an exempt certification for licensing purposes.

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

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July 7, 1983

Opinion on whether a member of the house of representatives may participate in the acquisition for the insurance company with whom they are employed of any insurance business with the State of South Carolina.

Requested by The Honorable Warren D. Arthur IV, Member, South Carolina House of Representatives.

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July 6, 1983

Opinion as to the legal status of the Anderson County Human Resources Commission, and whether it is an ‘employer’ within the meaning of South Carolina Code of Laws, § 9-1-10(5).

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

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July 6, 1983

Opinion as to the South Carolina laws regarding potential liability of guardians ad litem for infants in child abuse and neglect cases.

Request by The Honorable Robert H. Burnside, Chief Judge, Family Court of Fifth Judicial Circuit.

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July 6, 1983

Opinion on expiration of term of the person elected in 1979 to Seat One of the Court of Appeals.

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

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July 6, 1983

Opinion on whether a State Senator, who is a candidate in the upcoming election to the Court of Appeals, is elected Chief Judge of the Court, may he validly serve in view of Code Section 2-1-100.

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

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July 6, 1983

Opinion concerning the release of directory information about students by school officials.

Requested by David B. O’Hara, Lieutenant Colonel, Department of the Army, Columbia District Recruiting Command.

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July 5, 1983

Opinion on Section 12-37-220(A)(1) (exemption of governmentally-owned lands when used exclusively for public purposes).

Requested by the Honorable Roy D. Bates, Columbia City Attorney.

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July 1, 1983

Opinion regarding if public official is suspended from serving in office as a result of being indicted and said official is re-elected to office, can that public official be sworn into office while subject to suspension order.

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

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July 1, 1983

Opinion as to the meaning of ‘consumer’, from Section 31-17-10, et seq., and Regulation 19-425, et seq., Code of Laws of South Carolina, 1976, as amended.

Requested by Rick A. Howell, Director, Building Codes &Regulatory Services, Div. of General Services.

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July 1, 1983

Opinion as to whether the Calhoun County Schools have authority to spend money in the 1983-84 school year in the absence of special legislative authorization for that year.

Requested by The Honorable Mary P. Miles, Member, South Carolina House of Representatives.

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July 1, 1983

Opinion on whether or not an individual who is certified by the Veterans Administration of the United States as being 100% permanently and totally disabled is required to obtain a permit for fishing certain nongame fishing devices.

Requested by The Honorable J.M. Copeland, Magistrate. Clinton.

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July 1, 1983

Opinion regarding public utilities, statutes, and statutory construction.

Requested by XXNO Address.

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July 1, 1983

Opinion regarding the twelve-month period provided for in Sections 58-5-240(F), 58-9-540(D) and 58-27-870(E), of the 1976 Code, as amended, does it commence on the date of the utility’s last schedule filing or on the effective date of Act No. 138, i.e., June 15, 1983.

Requested by General Counsel, South Carolina Public Service Commission.

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June 29, 1983

Opinion on H. Rubin Vision Center’s Contact Lenses Advertisement T. V. Weekly, June 26-July 2, 1983 and whether the ad contained sufficient disclosures under Section 40-38-70 of the Code of Laws of South Carolina (1976).

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

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June 27, 1983

Opinion on Sections 14–11–310 and 15–37–130, Code of Laws of South Carolina, 1976 (1982 Cum.Supp.)

Requested by The Honorable Thomas J. DeZern, Master in Equity, Spartanburg.

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June 27, 1983

Opinion on whether or not a member of a county council can vote on financial issues that affect his immediate family, such as husbands, wives, children, or married children.

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

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June 27, 1983

Opinion on whether there were any restrictions on teachers or spouses of teachers, who are members of a county council, voting or participating in discussions on matters before the council affecting education matters.

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

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June 24, 1983

Opinion concerning recently enacted R-101 and enclosing prior opinion to it.

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

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June 24, 1983

Opinion as to whether state law requires a county to purchase supplies and services t through competitive bidding.

Requested by James Robert Martin, Vice-Chairman, Union County Democratic Party, Commissioner of Union County.

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June 24, 1983

Opinion on whether it would be a violation of the dual office holding provisions of the South Carolina Constitution for a member of the Clemson University Board of Visitors to also serve on the Charleston County Park, Recreations and Tourist Commission.

Requested by Leonard L. Long, Jr., Esquire, County Attorney, Charleston.

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June 24, 1983

Opinion on whether it would be a violation of the dual office holding provisions of the South Carolina Constitution for a member (in this case the chairman) of the Emergency Medical Services (EMS) Advisory Council to also serve on the Sumter Area Technical Education Commission.

Requested by William P. Baskin, III, Esquire, Bishopville.

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June 23, 1983

Opinion as to the legal status of the Williamsburg County Memorial Hospital Board, and whether it is an ‘employer’ within the meaning of South Carolina Code of Laws, § 9-1-10(5).

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

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June 22, 1983

Opinion on whether the State Department of Mental Health (DMH) may evaluate the performance of the directors of community mental health centers (centers).

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

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July 22, 1983

Opinion on whether the Budget and Control Board is required to take further action regarding certain minor changes to a bond issue that has already been approved by the Board.

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

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June 20, 1983

Opinion concerning the use of ‘The Source’ by law enforcement agencies in the Beaufort, South Carolina area.

Requested by C. Scott Graber, Esquire, Attorney At Law, Beaufort.

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June 20, 1983

Opinion on the constitutionality constitutionality of bill S.224; R.235 relating to rabbit hunting in Aiken County.

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

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June 20, 1983

Opinion on whether all of the records you maintain in the Clerk of Court’s Office should be expunged upon receiving an Order to do so by a Judge.

Requested by Carolina W. Mattos, Clerk of Court, Greenville County.

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June 20, 1983

Opinion as to whether Act No. 147, Acts and Joint Resolutions — 981, which regulates dealers in precious metals is applicable to pawnbrokers.

Requested by State Senator.

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June 17, 1983

Opinion on first election in Hilton Head under the provisions of South Carolina Code of Laws, 1976, Section 5-15-61, rather than the provisions of Section 5-15-62.

Requested by Woodford S. Montgomery, Chairman, Island Incorporation Commission.

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June 16, 1983

Opinion to the constitutionality of H-2836, a bill which would create the South Lynches Fire District in Florence and Williamsburg Counties.

Requested by Peter D. Hyman, County Attorney for Florence and Williamsburg.

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June 15, 1983

Opinion on constitutionality of having individuals pays a filing fee when they file to run for a non-partisan election for the Town of Simpsonville.

Requested by E. P. Riley, Jr., Riley, Riley, Laws & Stewart, Greenville.

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June 15, 1983

Opinion regarding an election for County Council in Williamsburg County.

Requested by W. E. Jenkinson, III, Jenkinson & Jenkinson, Kingstree.

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June 14, 1983

Opinion on whether the Piedmont Multi-County Mental Retardation Board can purchase gas on the state budget.

Requested by Mr. J. Felton Burton, Executive Director, Piedmont Multi-County Mental Retardation Board.

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June 13, 1983

Opinion on the constitutionality of bill H. 3108, R-189.

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

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June 10, 1983

Opinion on South Carolina banking institutions may invest their own assets in Trust for U. S. Treasury Obligations.

Requested by Grady L. Patterson, Jr., Chairman, Board of Financial Institutions.

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June 9, 1983

Opinion as to whether R–101 of 1983 [Sections 61–9–1100 et seq., South Carolina Code of Laws, as amended] is applicable to wine.

Requested by The Honorable Michael R. Daniel, Lieutenant Governor, South Carolina.

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June 8, 1983

Opinion on the constitutionality of R-158, H-3128.

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

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June 8, 1983

Opinion on whether House Bill 2773 is unconstitutional special legislation under the provisions of Article III, § 34 of the South Carolina Constitution.

Requested by Herman P. Snyder, State Highway Engineer.

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June 8, 1983

Opinion on proposed section of the 1983-84 Appropriations Act and whether it violates Art. III, § 36 of the South Carolina Constitution.

Requested by The Honorable Rembert C. Dennis, Chairman, Senate Finance Committee and
The Honorable Tom G. Mangum, Chairman, House Ways and Means Committee.

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June 8, 1983

Opinion if Section 17-5-260 is applicable to the Coroner of Aiken County and does South Carolina law mandate an autopsy in all homicide and suicide cases.

Requested by The Honorable Sue Townsend, Coroner, Aiken County.

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June 8, 1983

Opinion on regulation of taxi cabs by the City of Newberry.

Requested by W. A. Harvey, City Manager, City of Newberry.

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June 7, 1983

Opinion on the constitutionality of bill R-157.

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

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June 7, 1983

Opinion on whether or not the State Law Enforcement Division (“SLED”) may accept the transfer of a sum of money, reportedly constituting the product of illegal drug trafficking, without invoking the forfeiture laws contained in Title 44, Chapter 53, Article 3 of the Code of Laws of South Carolina (“Narcotics and Controlled Substances”).

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

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July 6, 1983

Opinion as to the legal status of the Anderson County Human Resources Commission, and whether it is an ‘employer’ within the meaning of South Carolina Code of Laws, § 9-1-10(5).

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

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June 3, 1983

Clarification of March 24, 1983 opinion to Commissioner of Corrections Leeke, which it concluded that employees of a jail or county detention center were granted the status of peace officers when performing certain functions.

Requested by Mr. John A. O’Leary, Executive Director, Criminal Justice Academy.

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June 2, 1983

Opinion regarding raffles by charitable organizations.

Requested by The Honorable John Drummond, Member, South Carolina Senate

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June 2, 1983

Opinion regarding owner/builder exemption to contractors’ licensure requirements.

Requested by Mr. M. W. Sams, Jr., Marion Sams General Construction, Walterboro.

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June 2, 1983

Opinion as to the constitutionality of H. 3092 and H. 3056.

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

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June 1, 1983

Opinion on whether a conflict of interest would exist if the principal of a Charleston County school were appointed to serve on a parks and playground commission.

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

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May 31, 1983

Opinion concerning driving under the influence on private property.

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

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May 31, 1983

Opinion concerning a proposal by Spartanburg County Foundation would secure contributions for the maintenance and care of Oakwood Cemetery and whether the provisions of Chapter 55, Title 39 of the South Carolina Code of Laws, 1976, would be applicable to this undertaking by the Spartanburg County Foundation.

Requested by Robert L. Wynn, III, Esquire, Spartanburg .

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May 30, 1983

Opinion on whether schools are compelled to require basic instruction for students scoring below standard on the Basic Skills Assessment test given to them in the 11th grade.

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

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May 30, 1983

Opinion regarding if this office would interpret Section 61-3-940 and Section 61-9-315 in the same manner.

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

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May 27, 1983

Opinion on whether return of a true bill for the enclosed indictment alleging certain offenses against the Mayor of Lynchburg requires you to suspend the Mayor pursuant to Article VI, Section 8 of the South Carolina Constitution.

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

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May 26, 1983

Opinion on whether Section 105.3(c) of the Standard Building Code (1982 edition) is a State law or a ruling by the Architects’ Association.

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

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May 25, 1983

Opinion on training reserve police officers working for a limited time as police officers during the season per Section 23-38-10 et seq., Code of Laws of South Carolina, 1976, as amended.

Requested by John A. O’Leary, Executive Director, S.C. Law Enforcement Training Counsel.

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May 23, 1983

Opinion on who has the power of appointment and removal of the Williamsburg County Tax Collector. Prior to home rule, the appointment of the Tax Collector was provided for in Act No. 240 of 1947.

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

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May 23, 1983

Opinion on whether proposed amendments to Pickens County Ordinance No. 30 are inconsistent with Sections 4-9-35, et seq., of the South Carolina, Code of Laws, 1976.

Requested by Librarian, South Carolina State Library.

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May 23, 1983

Opinion on review of Dairy Commission letter requesting the Budget and Control Board’s approval for the State Treasurer to transfer money from the ‘Dairy Commission Account’ to be used to cover projected deficient for this fiscal year, pursuant to Code Section 39-33-40 of the 1976 Code as amended.

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

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May 23, 1983

Opinion on compensation to judge of probate.  Requested by Thurmond Bishop, Esquire, Abbeville. Read full opinion.

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May 20, 1983

Opinion on primary and general elections.

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

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May 19, 1983

Opinion as to whether, if York County were to create a county mental retardation board pursuant to Act No. 1127 of 1974 (§§ 44-21-810 et seq.), the county board would be a political subdivision of the State or an integral part of the County.

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

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May 19, 1983

Opinion on when an election could be held after the mayor resigns.

Requested by Thomas M. Boulware, Esquire, Brown, Jefferies & Boulware, Barnwell.

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May 18, 1983

Opinion on whether it would be a violation of the dual office holding provisions of the South Carolina Constitution for a member of the Board of Fire Control for the Piedmont Rural Fire District to also hold a State Constable’s Commission.

Requested by Mr. Barney R. Sloan, Lyman.

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May 17, 1983

Opinion on questions which must appear on a ballot in a referendum to change the form of government, number of council members, or method of election of council including the chairman.

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

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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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