1984 Opinions

December 31, 1984

Opinion regarding the correct interpretation of the portion of Section 42-3-20 of the Code, which relates to the appointment of three-member panels of members of the Industrial Commission to conduct full Commission reviews.

Requested by: Honorable John D. Bradley, Member, House of Representatives

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December 31, 1984

Opinion concerning whether one person may simultaneously serve on the local Health and Environmental Board and also on the local School Trustee Advisory Board without violating the dual office holding provisions of the State Constitution.

Requested by: Mr. J.D. Jones, Member, Chesterfield County Council

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December 21, 1984

Opinion regarding proposed legislation which would mandate that all individuals charged with driving under the influence must appear in magistrate’s court to have their cases disposed of instead of such individuals being permitted to merely forfeit bond.

Requested by: The Honorable Mickey Burriss, Member, House of Representatives

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December 21, 1984

Opinion regarding a matter involving Winthrop’s student newspaper, The Johnsonian (paper).

Requested by: Honorable Philip Lader, President, Winthrop College

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December 21, 1984

Opinion clarifying the previous opinion written to Representative Ron Cobb, dated February 15, 1984, concerning the use of lights and sirens by volunteer firemen in their private vehicles.

Requested by: Chief Wallace Oswald, Batesburg Police Department

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December 21, 1984

Opinion concerning whether the City of Florence may require bingo operations to obtain business licenses under the City’s business license ordinance.

Requested by: Ms. Debbie Owens, City Staff Attorney, City of Florence

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December 19, 1984

Opinion as to whether Section 63 of the 1984-85 Appropriations Act is sufficient authority for the expenditure of monies from the General Fund to pay the expenses of any referendum concerning temporary sales of alcoholic beverages in view of the fact that the General Assembly made no line item appropriation to the State Treasurer for this purpose.

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

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December 19, 1984

Opinion regarding whether one person may simultaneously serve as a city police officer and be commissioned as a state constable.

Requested by: J. David, Standeffer, Assistant Solicitor, Tenth Judicial Circuit

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December 18, 1984

Opinion concerning as to whether an individual serving simultaneously on the City of Conway Housing Authority Board and on the Grand Strand Water and Sewer Authority’s Board of Directors would be a violation of the dual office holding provisions of the Constitution of the State of South Carolina.

Requested by: The Honorable Ike G. Long, Jr., Mayor, City of Conway

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December 17, 1984

Opinion as to the date when the newly-elected Auditor, Clerk of Court and Probate Judge of Aiken County will commence their respective terms of office.

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

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December 17, 1984

Opinion concerning whether the salary paid to a lobbyist should be specifically set out in the report filed with the Secretary of State.

Requested by: The Honorable A. Victor Rawl, Vice-Chairman, House Delegation, Charleston County Legislative Delegation

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December 17, 1984

Opinion as to whether § 32–7–90, CODE OF LAWS OF SOUTH CAROLINA, (1976), constitutes an unconstitutional restraint of trade.

Requested by: Honorable Ramon Schwartz, Jr., Speaker of the House, House of Representatives

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December 17, 1984

Opinion as to whether the provisions of the Interstate Compact on the Placement of Children (ICPC) apply to the placement of children from other states into child-caring institutions in South Carolina.

Requested by: Mr. Francis E. Lewis, ACSW, Executive Director, Children’s Bureau of South Carolina

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December 12, 1984

Opinion as to whether or not you as State Archeologist have the duty and responsibility to create a standardized site form for the utilization of everyone doing archaeological work in the State.

Requested by: Dr. Bruce Rippeteau, State Archeologist, Institute of Archeology and Anthropology

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December 12, 1984

Opinion as to what fees should be collected by Clerks of Court for judicial sales.

Requested by: Wesley L. Brown, Esquire, County Attorney, Saint-Amand, Thompson & Brown

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December 11, 1984

Opinion regarding whether barbers or barber shops can perform chemical waving, chemical relaxing, chemical straightening and chemical bleaching services to the public.

Requested by: Mrs. Doris Brantley, Executive Secretary, South Carolina State Board of Cosmetology

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December 11, 1984

Opinion regarding whether a dual office holding problem or other conflict of interest would arise if an individual, as chairman of one of the three boards of trustees of Barnwell County’s school districts were to also serve on the Barnwell County Vocational Education School Board.

Requested by: William Kight, Superintendent, Williston School District

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December 10, 1984

Opinion as to whether a person who has been elected to and has qualified for a seat in the General Assembly is now prohibited from serving as an administrative assist and Director of the Pretrial Intervention Program of the Tenth Judicial Circuit.

Requested by: The Honorable John W. Tucker, Jr., Member, House of Representatives

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November 30, 1984

Opinion whether, according to the provisions of the proposed Physical Fitness Service Act, life memberships or contracts in excess of thirty-six (36) months would be terminated if the proposed Act should be enacted by the General Assembly.

Requested by: The Honorable T. Ed Garrison, Senator, District No. 3

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November 30, 1984

Opinion regarding whether reserve police officers may be compensated for working activities such as ball games, fairs, etc.

Requested by: Joe H. Brunson, Chief of Police, City of Sumter Police Department

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November 30, 1984

Opinion regarding the decision in Marchant v. Hamilton, 309 S.E.2d 781 (S.C. App. 1983).

Requested by: Major General T. Eston Marchant, SCARNG, Adjutant General

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November 26, 1984

Opinion as to whether a person who has been elected to and has qualified for a seat in the General Assembly is now prohibited from serving as an administrative assistant to the President of Horry-Georgetown Technical College.

Requested by: Kent Sharples, President, Horry-Georgetown Technical College

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November 26, 1984

Opinion regarding whether regional transportation authorities established pursuant to Section 58-25-10 et seq., Code of Laws of South Carolina (1976) would be special purpose districts, so that the requirements of Act No. 488, 1984 Acts and Joint Resolutions, would be applicable.

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

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November 26, 1984

Opinion as to whether either the State Board of Social Services (or its Commissioner) or the county DSS board possesses the authority to impose disciplinary sanctions on a county director of social services upon receipt of a report of alleged violations of State DSS policies and procedures.

Requested by: The Honorable James L. Solomon, Jr., Commissioner, South Carolina Department of Social Services

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November 20, 1984

Opinion regarding whether representing a group seeking to locate an industry in a county and negotiating with the County Council regarding this purchase is in violation of any provisions of this State’s Ethics Act, Section 8-13-10 et seq., Code of Laws of South Carolina, 1976, as amended.

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

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November 19, 1984

Opinion concerning three matters concerning the order issued by the South Carolina Supreme Court declaring the Johnson Township portion of the Williamsburg-Florence County referendum to be constitutionally defective and ordering that a new referendum be held in Johnson Township.

Requested by: David Belding, Special Assistant, Office of the Governor

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November 16, 1984

Opinion concerning whether a candidate for elective office, having been certified as the winner of the election by the appropriate county board of canvassers, may take the oath of office before determination of an appeal or protest pending before the State Board of Canvassers.

Requested by: The Honorable William E. Applegate, III, Senator-Elect, District 43

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November 14, 1984

Opinion concerning the respective authority of the State and Federal Government to regulate activities upon an inland impoundment of navigable waters of the United States.

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

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November 14, 1984

Opinion as to the procedure to be followed in revoking the probation of juveniles who have been convicted of criminal or status offenses.

Requested by: The Honorable David H. Maring, Chief Judge, The Family Court of the 15th Judicial Circuit

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November 14, 1984

Opinion as to whether the Williamsburg County School District (District) may lease an abandoned school building to Williamsburg County (County).

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

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November 14, 1984

Opinion regarding whether a full-time deputy sheriff who retires would be able to maintain his commission for purposes of working special events or working in situations where extra personnel are needed.

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

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November 14, 1984

Opinion regarding whether two recent acts of the General Assembly may be violative of Article VIII, Section 7 of the State Constitution, in that the acts appear to be ‘laws for a specific county.’

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

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November 14, 1984

Opinion regarding whether the decision of the United States Supreme Court in Berkemer v. McCarty, Op. No. 83–710 52 LW 5023, decided July 2, 1984, impacts on the videotaping of individuals following their arrest for driving under the influence.

Requested by: David F. McInnis, Esquire

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November 14, 1984

Opinion concerning what would be considered a special purpose district under the terms of Act No. 488, 1984 Acts and Joint Resolutions.

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

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November 14, 1984

Opinion regarding whether Act No. 512, Part II, § 10, (1984) 1 authorizes the Budget and Control Board to implement a formula for prorating a state employee’s accrued leave time, in order that the prorated leave time may be used in conjunction with temporary total disability payments provided by the Workers’ Compensation Act.

Requested by: V.C. Traywick, Assistant Comptroller General, Comptroller General’s Office

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November 13, 1984

Opinion regarding whether you are obligated to serve petitions, summonses, and subpoenas in connection with neglect and abuse cases in the family court.

Requested by: Johnny Mack Brown, Sheriff, Greenville County Sheriff’s Department

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November 13, 1984

Opinion concerning whether a member of the General Assembly may serve as one of the members of the Coastal Council elected by the General Assembly to represent one of the congressional districts.

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

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November 13, 1984

Opinion concerning whether certain duties formerly assigned to the county supervisors may have devolved upon the county administrator and county council since the adoption of Home Rule in Greenville County.

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

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November 7, 1984

Opinion regarding whether hazardous material, in excess of that seized and confiscated for use as evidence, may. . . be defined as ‘uncontrolled hazardous waste’ under the provisions of § 44–56–20(13), Code of Laws, 1976 as amended, for the purpose of utilizing the hazardous waste contingency fund for the disposal of this hazardous waste.

Requested by: Frank B. Sanders, Director, Office of Executive Policy and Programs, Office of the Governor

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November 05, 1984

Opinion regarding whether you ‘continue to serve and exercise the powers and responsibilities of the chairman [of the Senate Education Committee] pursuant to Section 2–1–80 until a new chairman of the Committee is selected.

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

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November 02, 1984

Opinion concerning the provision of education to expelled students.

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

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November 02, 1984

Opinion as to whether there is any authority for pronouncements of the continued exercise of authority by an officer whose term has ended and whose successor has been selected and qualified.

Requested by: The Honorable E. Harry Agnew, III, Member, House of Representatives

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October 31, 1984

Opinion concerning certain jurisdictional and definitional issues arising out of § 167, Part I, of Act 512, 1984 Acts and Joint Resolutions (the Appropriations Act).

Requested by: Philip G. Grose, Jr., Director, State Reorganization Commission

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October 30, 1984

Opinion as to whether a refund or transfer can be made of ad valorem taxes that were paid without protest for the 1984 tax year.

Requested by: Honorable Margie Plunkett, Treasurer of Aiken County

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October 30, 1984

Opinion as to the constitutionality of the application of both Education Finance Act (EFA) formulas to Anderson School District Four and the county equalization taxes.

Requested by: The Honorable T. Edward Garrison, Member, South Carolina State Senate

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October 29, 1984

Opinion as to how many years a former teacher would have to attain the next teaching contract level upon re-entry to the teaching profession under § 59-26-40 of the Code of Laws of South Carolina (1976), as amended by Act 512, Part II § 9, Subdivision C.

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

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October 29, 1984

Opinion as to the rezoning of certain lots in the City of Conway.

Requested by: Franklin R. DeWitt, Esquire, Attorney at Law

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October 29, 1984

Opinion as to whether the Education Finance Act funding for the Department of Youth Services (DYS) must be provided on a twelve (12) month basis rather than on a nine (9) month basis.

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

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October 29, 1984

Opinion concerning whether one person concurrently serving as gubernatorial appointee to the Juvenile Parole Board and has been appointed by the Public Service Commission to preside as an Administrative Law Judge for the upcoming Southern Bell rate case may contravene the dual office holding provisions of the State Constitution and whether he should resign from his position on the Juvenile Parole Board.

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

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October 26, 1984

Opinion concerning South Carolina’s Freedom of Information Act, Section 30–4–10, et seq., Code of Laws of South Carolina (1983 Cum. Supp.).

Requested by: Michael L.M. Jordan, Esquire, Attorney for the Town of Hilton Head Island

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October 25, 1984

Opinion regarding whether you may contact the Public Service Commission and express your position and the position of your constituents concerning customer assessment for business license fees incurred by regulatory industries.

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

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October 25, 1984

Opinion regarding if stock-owned savings and loan associations to be taxed under the provisions of Chapter 13 of Title 12 as savings and loan associations or under Chapter 7 of Title 12 as an ordinary business corporation.

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

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October 25, 1984

Opinion regarding whether one person may concurrently serve on the Barnwell County Vocational Education School Board and on City Council for the Town of Barnwell.

Requested by: Thomas M. Boulware, Esquire, County Attorney, Barnwell County

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October 25, 1984

Opinion as to whether persons currently serving as appointed members of state or county boards and commissions are prohibited from working as poll managers during primary, run-off and general elections.

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

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October 24, 1984

Opinion on how to fill a vacancy on the governing body of the Homeland Park Water and Sewerage District, which is located in Anderson County.

Requested by: The Honorable M.E. McDonald, Senator, District No. 1

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October 22, 1984

Opinion as to whether or not the parties to a divorce action may waive the provisions of Section 20-3-60, South Carolina Code of Laws, 1976, as amended.

Requested by: The Honorable L. Mendel Rivers, Jr., Judge, Family Court of the Ninth Judicial Circuit

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October 18, 1984

Opinion regarding if there is any prohibition to a municipality including within its proposed boundaries for incorporation certain state property, specifically the South Carolina Department of Youth Services and the South Carolina Department of Corrections.

Requested by: The Honorable Parker Evatt, Member, House of Representatives

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October 12, 1984

Opinion regarding custody of the bond and operating revenue of the Aiken County Nursing Home vested in the Treasurer of Aiken County.

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

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October 12, 1984

Opinion regarding two ordinances of the Town of Norway.

Requested by: Leon Ray Bowman, Chief of Police, Town of Norway

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October 11, 1984

Opinion as to whether a chiropractor can advertise and hold himself out to the public as an individual who administers physical therapy.

Requested by: Fred Vallejo, RPT, President, South Carolina State Board of Physical Therapy Examiners

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October 10, 1984

Opinion regarding whether a summons and petition for an order of protection and an order of protection issued pursuant to Sections 20–4–10 et seq., Code of Laws of South Carolina, 1976, as amended, [the Protection from Domestic Abuse Act] may be served on Sunday.

Requested by: Chief Family Court Judge

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October 10, 1984

Opinion reinterpreting September 16, 19876 to see if it is still in effect.

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

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October 10, 1984

Opinion regarding clarifying the language and intentions of the 1984-85 Appropriation Act.

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

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October 10, 1984

Opinion as to whether ministerial magistrates as authorized by Section 22–2–40, Code of Laws of South Carolina, 1976, as amended, may hear proceedings pursuant to newly-enacted Sections 20–4–10 et seq., Code of Laws of South Carolina, 1976, as amended, [Protection from Domestic Abuse Act] and issue orders of protection pursuant to such provisions.

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

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October 10, 1984

Opinion concerning whether arrest warrants charging violations of an order of protection issued pursuant to Sections 20–4–10 et seq., Code of Laws of South Carolina, 1976, as amended [the Protection from Domestic Abuse Act —hereafter ‘the Act’] may be executed on Sunday.

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

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October 08, 1984

Opinion regarding the date of commencement of terms of office for the members of Sumter County Council to be elected in the general election on November 6, 1984.

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

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October 4, 1984

Opinion regarding the time frame for a city council member to submit his resignation to the council when that member moves out of the city limits

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

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October 04, 1984

Opinion as to whether a circuit judge may impose monetary contributions to the public defender fund in lieu of a fine when sentencing defendants for violations of Sections 16–23–20 and 16–23–30, Code of Laws of South Carolina, 1976, as amended.

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

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October 02, 1984

Opinion regarding § 63, Part II, of Act 512 [§ 61-5-180, Code of Laws of South Carolina, 1976 (1984 amendments), whereby the South Carolina Alcoholic Beverage Control Commission may issue to certain non-profit organizations or business establishments 1 a temporary permit to allow the possession, sale and consumption of alcoholic liquors in containers of two ounces or less.

Requested by: Honorable Heyward McDonald, Senator, Richland, Chester, and Fairfield Counties

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October 2, 1984

Opinion concerning a portion of Section 7-17-560, Code of Laws of South Carolina (1976).

Requested by: J. Leon Gasque, Captain, South Carolina Law Enforcement Division

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October 01, 1984

Opinion regarding whether there are any state statutory provisions which would regulate or influence one’s duties as a member of the State House of Representatives.

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

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September 27, 1984

Opinion concerning whether or not the Taser, a plastic encased, handheld electrically operated ‘weapon’, which is generally non-lethal, is in violation of the South Carolina Code of Laws.

Requested by: Special Agent David Caldwell, SC State Law Enforcement Division

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September 26, 1984

Opinion as to whether county libraries should be considered special purpose districts, to bring county libraries under Act No. 488 (R586, H.3379) of 1984, requiring registration of a special purpose district with the Secretary of State and with the auditor of the county in which such district is located.

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

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September 26, 1984

Opinion as regarding Section 46-1-90, Code of Laws of South Carolina (1976 as amended), as that provision pertains to the disposition of fines imposed for offenses committed at the annual State Fair.

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

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September 26, 1984

Opinion as to whether a county may forbid the sale of alcoholic beverages at private ball fields.

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

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September 25, 1984

Opinion as to whether the Department of Mental Health can contract with a private facility to provide for care and treatment of psychiatric patients at such private facility.

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

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September 24, 1984

Opinion as to whether the simultaneous holding of positions on a county council and as a commissioner of a soil and water conservation district would constitute dual office holding in contravention of the Constitution of the State of South Carolina.

Requested by: D. Carlyle Baxley, District Chairman, Kershaw Soil and Water Conservation District

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September 24, 1984

Opinion concerning as to which pardons are to be added to the criminal history records maintained by the sheriff’s department and whether any pardons require expungement.

Requested by: Ralph C. Freeman, Sheriff, Chesterfield County

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September 21, 1984

Opinion concerning the Social Security Administration’s request for additional information, counties are authorized by §§ 44-21-810, et seq., 1976 Code of Laws, to create county mental retardation boards.

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

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September 21, 1984

Opinion regarding whether the definition of ‘court’ defined in Section 43–29–10(9), South Carolina Code of Laws (1976), as amended, as ‘family court or other court exercising such jurisdiction,’ includes the probate court.

Requested by: The Honorable Bernard R. Fielding, Associate Judge, Probate Court

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September 21, 1984

Opinion concerning several aspects of the Freedom of Information Act (FOIA).

Requested by: The Honorable Philip T. Bradley, Member, House of Representatives

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September 18, 1984

Opinion concerning if the term ‘initially beginning in 1986’ found in S. C. Code § 11-11-120 (1983, as amended) refers to fiscal year 1985-86 or fiscal year 1986-87.

Requested by: Jesse H. Coles, Jr., Ph.D, Division Director, Budget and Control Board

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September 17, 1984

Opinion as to whether registered land surveyors in South Carolina may perform drainage design incidental to subdivision layout work.

Requested by: Dr. B.L. Baker, Secretary, State Board of Architectural Examiners

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September 12, 1984

Opinion regarding if the South Carolina Deferred Compensation Commission is a governmental body as defined by the Procurement Code.

Requested by: Tony R. Ellis, Director, Division of General Services, Budget and Control Board

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September 11, 1984

Opinion concerning whether paper ballots may be used for the senatorial primary elections in October in those counties which will utilize voting machines for the general election in November.

Requested by: The Honorable Isadore E. Lourie, Senator, District No. 7

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September 11, 1984

Opinion regarding the legal status of the Housing Authority of the Town of Woodruff, 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 11, 1984

Opinion regarding if the State Fire Marshal’s Appeal Panel has the authority to vary State Statute 31–17–20 and allow a day care center to operate in a manufactured home (mobile home).

Requested by: Richard S. Campbell, P.E., State Fire Marshal

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September 7, 1984

Opinion regarding which state senators would be in a position to make recommendations to the Governor for a magisterial position in light of the fact that the State Senate will be composed of senators elected from single-member districts.

Requested by: The Honorable John C. Hayes, III, Member, House of Representatives

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September 06, 1984

Opinion regarding if purchases by the Morale Welfare and Recreation Non-Appropriated Fund of the Myrtle Beach Air Force Base exempt from the South Carolina sales tax, if the sale of sleeping accommodations (billeting) by the base subject to tax, and if school lunches purchased and consumed by school children on the base subject to the tax.

Requested by: Honorable John I. Rogers, III, Member, House of Representatives

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September 06, 1984

Opinion concerning whether motor vehicles of the Federal Land Bank, the Production Credit Association and the banks for cooperatives that are used in the conduct of their business exempt from property taxation.

Requested by: Honorable L.D. Williams, Marion County Auditor

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September 06, 1984

Opinion concerning the constitutionality of the requirement in South Carolina that notaries public be United States citizens in light of the recent United States Supreme Court decision, Bernal v. Fainter, 52 U.S.L.W. 4669 (May 30, 1984).

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

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September 06, 1984

Opinion regarding whether an individual serving simultaneously as a member of Williston City Council and on the Barnwell County Hospital and Nursing Home Board would contravene the dual office holding provisions of the Constitution of the State of South Carolina.

Requested by: Thomas M. Boulware, Esquire, Barnwell County Attorney

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September 06, 1984

Opinion as to whether or not a public body (legislative delegation) may approve a budget, pursuant to its apparently delegated statutory authority, by circulating a petition, one at a time, among that body’s individual members

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

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August 31, 1984

Opinion as to whether you may accept for filing limited partnership documents whose titles contain the word LIMITED or the abbreviation LTD. in view of the recent adoption of a Uniform Limited Partnership Act by our General Assembly.

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

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August 31, 1984

Opinion concerning Section 174, the aviation proviso in the 1984-1985 Annual Appropriations Act.

Requested by: James A. Timmerman, Jr., Executive Director, South Carolina Wildlife and Marine Resources Department

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August 31, 1984

Opinion regarding whether a Legislative Committee is an ‘interested party’ pursuant to Section 42-19-40 of the Code.

Requested by: The Honorable James J. Reid, Chairman, South Carolina Industrial Commission

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August 31, 1984

Opinion as to whether or not there is any prohibition against the registration of voters in churches.

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

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August 31, 1984

Opinion as to whether it is ‘a violation of the Open Container Law, Act 258, to have open containers of alcoholic beverages in the living quarters area of a motor home while it is in motion on South Carolina highways.

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

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August 31, 1984

Opinion regarding if the expenditure of local funds by the State’s Technical Education Colleges governed by the South Carolina Consolidated Procurement Code.

Requested by: Mr. Richard J. Campbell, Materials Management Office, Division of General Services

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August 30, 1984

Opinion concerning whether or not the attached form entitled ‘Flight Log’ would meet new requirement imposed upon you by Section 174 of the 1984-1985 Annual Appropriations Act.

Requested by: John Hamilton, Director, South Carolina Aeronautics Commission

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August 29, 1984

Opinion as to whether the Town of Sullivan’s Island must give its approval before the South Carolina Department of Highways and Public Transportation (Highway Department) may install a traffic signal at the intersection of Middle Street and Station 22 ½ in Sullivan’s Island.

Requested by: The Honorable Clyde M. Dangerfield, Chairman, Roads Committee, Charleston County Legislative Delegation

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August 29, 1984

Opinion as to whether, if the chairman’s vote was not valid, the election is invalidated, or whether the election would stand as it would have resulted had the chairman’s vote not been counted.

Requested by: The Honorable Paul W. Derrick, Member, House of Representatives

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August 29, 1984

Opinion as to the constitutionality of Part I, Section 70 of the 1984 Appropriations Act, which section provides a procedure for the electors in a special purpose district to make certain decisions as to selection of the governing body of the district and as to budgetary autonomy.

Requested by: The Honorable D. N. Holt, Jr., Member, House of Representatives

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August 29, 1984

Opinion on whether an individual simultaneously serving on the North Charleston City Council and on the Board of Trustees of Charleston Memorial Hospital would contravene the dual office holding your accompanying memorandum, you have concluded that an individual your accompanying memorandum, you have concluded that an individual so holding those offices would be holding dual offices.

Requested by: Wade H. Logan, III, Esquire, Charleston County Attorney

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August 29, 1984

Opinion as to whether a restricted lender licensed under the provisions of Section 34–29–10, et seq., may charge a borrower the ten dollar fee authorized by Section 34–11–70, as amended by Act No. 422 of 1984.

Requested by: John E. Thomas, Assistant Director, Consumer Finance Division, State Board of Financial Institutions

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August 29, 1984

Opinion regarding whether a person can run for a position on the James Island Public Service District Commission if he does not accept any compensation and are there any prohibitions against an employee of one public service district serving on the commission of another public service district, especially in light of Section 6–11–93, Code of Laws of South Carolina, 1976, as amended.

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

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August 28, 1984

Opinion concerning the use of canines trained to locate drugs in ‘blanket’ searches of institutions and facilities operated by your Department.

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

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August 27, 1984

Opinion concerning an individual who was indicted and convicted of conspiracy and extortion in federal court, whose case is presently on appeal to the Fourth Circuit, and whether that individual can (1) vote and (2) hold an office as either a deputy sheriff or some similar position.

Requested by: Gary D. Brown, Esquire, Attorney at Law

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August 27, 1984

Opinion concerning whether persons who voted in one primary in June may vote in another party’s primary in October for state Senate.

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

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August 27, 1984

Opinion regarding whether the marketing in South Carolina of a product popularly known as a ‘wine cooler’ violates § 61–9–630, Code of Laws of South Carolina, 1976.

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

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August 23, 1984

Opinion as to whether a municipal judge is exempt from the mandatory retirement provisions of § 9–1–1530 because of the language of the last proviso of that section.

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

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August 23, 1984

Opinion as to whether a police officer is included within the definition of a ‘public official’ as set forth in Section 16–3–1040, Code of Laws of South Carolina, 1976, as amended.

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

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August 22, 1984

Opinion as to the applicability of a Richland County ordinance to Richland County School District One.

Requested by: Mr. J. Lewis Cromer, County Attorney, Office of the County Attorney

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August 22, 1984

Opinion as to whether the Charleston County Council may restrict the sale of beer and wine in unincorporated areas of Charleston County after the hours of 2:00 a.m.

Requested by: Honorable D. N. Holt, Jr., Member, House of Representatives

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August 16, 1984

Opinions concerning the relationship between Section 20-7-2700 of the Code of Laws of South Carolina (1976), as amended, and a section of the Education Improvement Act, Act 512, Part II, Division II, Subdivision B, Sub-Part 3.

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

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August 15, 1984

Opinion regarding the legality of a Timmonsville Town ordinance which was enacted pursuant to the provisions of South Carolina Code of Laws, 1976, Section 5-7-250(b).

Requested by: Louis B. Mathis, Mayor, Town of Timmonsville

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August 15, 1984

Opinion as to the deadline for candidates to file petitions for nomination for positions on the governing bodies of James Island and St. Andrews Public Service Districts.

Requested by: Mary R. Miller, Administrator, Charleston County Board of Voter Registration

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August 15, 1984

Opinion concerning the appropriation and usage of assets by a guardian.

Requested by: The Honorable W. R. Douglas, Probate Judge, Cherokee County

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August 14, 1984

Opinion regarding if a special election to fill the House seat for district 97 may be changed to another date.

Requested by: The Honorable Ramon Schwartz, Jr., Speaker of the House

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August 14, 1984

Opinion as to whether individual members of the State Real Estate Commission should be notified of complaints against brokers from their congressional districts upon receipt of such complaints by the Commission office.

Requested by: The Honorable Henry L. Jolly, Commissioner, South Carolina Real Estate Commission

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August 13, 1984

Opinion concerning whether the formal transfer of licensing authority relating to Community Residential Care Facilities should be effected ninety (90) days from the date the 1984-85 General Appropriations Act is approved by the Governor, as provided in Section 19(F) of the Act, in light of Section 19(H), which makes the effective date of Section 19, April 15, 1985.

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

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August 13, 1984

Opinion as to the constitutionality of R569 of 1984.

Requested by: John G. Eaddy, Chairman, Clarendon County Republican Party

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August 13, 1984

Opinion as to whether a municipal judge is required by the terms of § 9–1–1530, 1976 Code of Laws, to retire at age 72 when the judge is not a member of the Retirement System.

Requested by: William M. Brice, Jr., Esquire

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August 13, 1984

Opinion as to whether convictions for third offense DUI 1 or driving while suspended after having been adjudicated as an habitual offender 2 constitute crimes of moral turpitude for purposes of Article VI, § 8 of the South Carolina Constitution.

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

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August 10, 1984

Opinion as to whether a motorist must come to a complete stop before making a right turn on a red traffic signal.

Requested by: Major D. E. Blackwell, Spartanburg Public Safety Department, City of Spartanburg

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August 09, 1984

Opinion as to whether a section of the South Carolina Code of Laws is in conflict with a provision of the Code of Federal Regulations and if so, which law prevails.

Requested by: Colonel P.L. Meek, Director, Law Enforcement Division

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August 09, 1984

Opinion as to whether the law provides a remedy for sexual harassment.

Requested by: The Honorable Charles B. Johnson, Magistrate, Horry County

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August 09, 1984

Opinion regarding if purchases by the South Carolina National Guard that are paid from Federal funds exempt from the South Carolina sales and use tax.

Requested by: Honorable T. Eston Marchant, The Adjutant General

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August 8, 1984

Opinion concerning whether Sections 7-13-350 and -351, Code of Laws of South Carolina (1976), as amended or added by Act No. 263 of 1984, repeal by implication Act No. 936 of 1970.

Requested by: Wade H. Logan, Esquire, Charleston County Attorney

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August 06, 1984

Opinion regarding whether employment as District Vocational Job Placement Coordinator with the Darlington County schools would constitute a conflict of interest with duties as a member of the General Assembly and whether any statutory provisions would prohibit concurrently receiving compensation for both of these positions.

Requested by: The Honorable Denny W. Neilson, Representative-Elect

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August 06, 1984

Opinion regarding a matter under consideration by the City Council of Easley which did not receive a favorable vote upon first reading should be placed on the agenda for second reading.

Requested by: John T. Gentry, Esquire, City Attorney, City of Easley

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August 3, 1984

Opinion on whether convictions in the Federal District Court of South Carolina for the offenses of conspiracy and extortion would constitute convictions of a felony under South Carolina law to disqualify one so convicted from being an elector under Section 7–5–120, Code of Laws of South Carolina (1976 & 1983 Cum.Supp.), thus disqualifying him from holding public office.

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

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August 03, 1984

Opinion regarding proper charges for individuals apprehended while driving an automobile while under suspension.

Requested by: Victor S. Evans, Chief Counsel, SC Department of Highways and Public Transportation

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August 02, 1984

Opinion regarding South Carolina Code Ann., § 40-1-50(c) (1976), which requires anyone who is not a C.P.A. or a P.A. to state on any financial statement published by him that he has not audited the statement and is prohibited by law from expressing an opinion on the statement.

Requested by: The Honorable D. M. McEachin, Jr., Representative

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August 02, 1984

Opinion regarding South Carolina Code Ann., § 40-1-50(c) (1976), which requires anyone who is not a C.P.A. or a P.A. to state on any financial statement published by him that he has not audited the statement and is prohibited by law from expressing an opinion on the statement.

Requested by: The Honorable Robin Tallon, Member, Congress of the United States, House of Representatives

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August 02, 1984

Opinion as to the legal status of the Fairfield County Council on Aging, 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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August 02, 1984

Opinion concerning this State’s ‘blue laws’ and their effect on the State Fair operating on Sunday, especially whether certain items could be sold at the Fair on Sundays.

Requested by: The Honorable John A. Martin, Member, South Carolina Senate

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August 01, 1984

Opinion concerning the proviso in the Department of Education’s section of the Appropriations Act.

Requested by: The Honorable Harry W. Davis, Jr., Commissioner, Department of Youth Services

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July 31, 1984

Opinion concerning if a person who voted in the Democratic Primary and/or Democratic run-off would be eligible to vote in the Republican Primary election for School District 6.

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

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July 30, 1984

Opinion concerning persons or corporations doing private security work on-premises, away from the corporate office or industrial site under the provision of § 40–17–100.

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

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July 27, 1984

Opinion regarding an interpretation of § 38-35-60, CODE OF LAWS OF SOUTH CAROLINA (1976), which mandates negotiated discounts for health care provision under certain insurance contracts.

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

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July 27, 1984

Opinion review regarding the provision of education to handicapped children during the summer 1979 Ops. Atty. Gen. (No. 79-69); Ops. Atty. Gen. (February 17, 1983).

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

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July 27, 1984

Opinion on whether Horry County Council has authority to consolidate the Grand Strand Water and Sewer Authority with the Horry County Water and Sewer Authority.

Requested by: The Honorable Ralph H. Ellis, Senator, District No. 11, Office No. 1

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July 27, 1984

Opinion regarding the apparent conflict between Act No. 508, Acts and Joint Resolutions, South Carolina, 1984, adding § 21-7-615 to provide for self-proving wills and codicils.

Requested by: The Honorable Irene K. Rudnick, District No. 81-Aiken County

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July 27, 1984

Opinion as to whether ‘bounty hunters’ should be considered as engaging in the private detective business as defined in Section 40–17–20(a), Code of Laws of South Carolina, 1976.

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

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July 26, 1984

Opinion as to whether the Department of Health and Environmental Control acted legally in banning smoking in the public areas of their building.

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

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July 26, 1984

Opinion as to the constitutionality of a proposed bill ‘TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10, CHAPTER 13 OF TITLE 7, SO AS TO PROVIDE SPECIAL PROVISIONS FOR NONRESIDENT LANDOWNERS TO VOTE IN BOND ISSUE REFERENDUMS.’

Requested by: The Honorable T. Ed Garrison, State Senator

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July 26, 1984

Opinion regarding the conditions under which a Magistrate’s Constable may carry a firearm and make an arrest, and, what training is required for a Magistrate’s Constable to maintain his authority and who is responsible for issuing the proper identification.

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

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July 26, 1984

Opinion whether the resident legislative delegation or the district highway commissioner would have the final decision concerning the allocation of ‘C’ funds for local road construction.

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

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July 26, 1984

Opinion as to the effective date of Act 420.

Requested by: Victor S. Evans, Chief Counsel, SC Department of Highways and Public Transportation

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July 26, 1984

Opinion as to whether County Council may require your office to house records of the Probate Court.

Requested by: The Honorable David E. Jenkins, Clerk of Court for Abbeville County

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July 25, 1984

Opinion as to the effective date of salary increases for the 88 Justices and Judges.

Requested by: Mr. Steve K. Good, Director of Finance and Personnel, South Carolina Judicial Department

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July 25, 1984

Opinion as to whether the term ‘full-time employees’ in § 59-111-320 applies only to those who are employed by the institutions involved or whether it extends to any employees of any employer.

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

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July 25, 1984

Opinion as to whether or not a family court judge in an order committing the juvenile to the custody of the Department of Youth Services (hereafter DYS) can also order the Department to enroll the juvenile in the ‘Save the Children’ Program, a program involving adult South Carolina inmates that is not under the control of DYS nor endorsed by the DYS staff.

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

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July 24, 1984

Opinion as to whether a woman could bring suit to obtain dower rights on property sold without her consent prior to the recent decision of the South Carolina Supreme Court in Boan v. Watson, Opinion No. 22112, filed May 22, 1984, Davis’ Advance Sheets, No. 27.

Requested by: The Honorable Alex Harvin, III, Member, House of Representatives

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July 24, 1984

Opinion regarding incident reports used by campus policemen to report activities occurring within the Department of Mental Health.

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

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July 24, 1984

Opinion as to whether a proposed Indenture of Trust would answer the problems of a proposed transfer to the Greenville County Historic Preservation Foundation by the Greenville County Historic Preservation Commission of title to all the Commission’s property as well as its functions and duties.

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

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July 24, 1984

Opinion as to the scope of authority and responsibility of the Legislative Audit Council in reviewing the Harbor Pilot board or program, which is scheduled for termination on June 30, 1985, pursuant to Section 1-20-50(F)(1), Code of Laws of South Carolina (1983 Cum.Supp.).

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

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July 24, 1984

Opinion concerning the South Carolina statutes regarding the licensing of opticians, especially to determine whether an optician licensed in another state must undergo a practical examination for licensure within this State, or whether a license may be granted on the basis of a practical examination given by the licensing board in another State.

Requested by: Mr . Willard W. Banks, Secretary-Treasurer, South Carolina Board of Examiners in Opticianry

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July 24, 1984

Opinion regarding whether Richland County Council can cut off funds under present law to the Capital View Fire District, and if the resolution recently passed by County Council directing the Election Commission to issue a referendum on the next ballot for the voters decision whether or not the Capital View Fire District shall be dissolved, sufficient to dissolve this fire district, or is the Richland County Delegation required to approve this resolution.

Requested by: The Honorable Mickey Burriss, Member, House of Representatives

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July 24, 1984

Opinion concerning the procedure to be followed by the SC Department of Mental Health when a voluntarily admitted patient leaves your facilities without permission.

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

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July 24, 1984

Opinion as to whether the procedure set forth in § 21–5–510, et seq., South Carolina Code of Laws, 1976, as amended, providing for barring dower of a mentally incompetent wife, should continue to be followed.

Requested by: The Honorable Bobbie D. Wilson, Probate Judge, Laurens County

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July 23, 1984

Opinion as to whether teacher in your department (DYS) are entitled to the same percentage increase in their annual salaries, as is applied to the salaries of other school teachers when DYS teachers teach for twelve months of the year and other teachers teach for nine months of the year.

Requested by: The Honorable Harry W. Davis, Jr., Commissioner, Department of Youth Services

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July 23, 1984

Opinion as to the authority of an individual licensed as a private security guard to provide security for a moving individual.

Requested by: Honorable Bruce Rutland, Magistrate District Six, Lexington County

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July 23, 1984

Opinion as to what action the hospital and Probate Court should take when a detained person refuses to be examined by a doctor chosen by the family or friends or when the detainee requests a particular doctor.

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

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July 20, 1984

Opinion regarding if the tax levied by § 12-35-1710 four or five percent when property is sold prior to July 1, 1984, however, its registration or licensing takes place after July 1, 1984.

Requested by: Honorable Ryan C. Shealy, Chairman, Lexington County Legislative Delegation

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July 20, 1984

Opinion as to questions concerning the filling of the vacancy of Cherokee County Coroner if and when the individual is elected to the Cherokee County Council.

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

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July 20, 1984

Opinion regarding if the South Carolina Department of Social Services, upon request, can release copies of cost reports filed by provider nursing homes under Title XIX of the Social Security Act (Medicaid), without violating any constitutional right of privacy or property right of a Provider, and can the cost reports be released to the general public, upon request, within the terms of the South Carolina Freedom of Information Act, Section 30–4–10 et seq., Code of Laws of South Carolina (1983) Cum.Supp.).

Requested by: James L. Solomon, Jr., Commissioner, South Carolina Department of Social Services

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July 18, 1984

Opinion regarding whether the Edgefield County Hospital can borrow money in its own name under its enabling legislation.

Requested by: The Honorable Joseph F. Anderson, Jr., Member, House of Representatives

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July 17, 1984

Opinion regarding whether board members of a recreation commission would be eligible to simultaneously serve on a county advisory committee appointed pursuant to the new Accommodations Tax Act without violating the dual office holding provisions of the Constitution of the State of South Carolina.

Requested by: Mr. Michael L. Harlan, Director of Parks and Recreation, Richland County Recreation Commission

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July 17, 1984

Opinion as to the legality of a member of the General Assembly, who is employed as the principal of a public elementary school of this State, receiving full pay as a legislator and as a principal, when he is usually absent from his employment as a principal for three days per week during the legislation session.

Requested by: The Honorable Edward W. Simpson, Jr., Member, House of Representatives

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July 17, 1984

Opinion regarding whether the Sumter County Council has legal standing to continue to operate county business and to hold office.

Requested by: The Honorable Larry Blanding, Member, House of Representatives

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July 17, 1984

Opinion as to whether a petition filed with the Governor concerning the possible appointment to the office of magistrate is releasable under the Freedom of Information Act.

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

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July 16, 1984

Opinion as to the applicability of a Richland County ordinance to Richland County School District One, § 2-142, Richland County Code.

Requested by: C. Dennis Aughtry, Esquire, Assistant County Attorney, Richland County Judicial Center

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July 16, 1984

Opinion as to whether the South Carolina Department of Mental Health may pay its employees cash advances to cover the cost of meals while traveling in-state on Department business.

Requested by: R. Ken King, Esquire, General Counsel, SC Department of Mental Health

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July 16, 1984

Opinion regarding if a person in the business of leasing mobile phones or providing a paging or answering service subject to sales tax,

Requested by: Mr. C. Norwood Gayle, Jr., Assistant Director, Sales and License Division

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July 12, 1984

Opinion regarding whether state and federal funds may be expended to support the Coastal Rapid Public Transit Authority.

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

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July 12, 1984

Opinion as to whether the State Commission on Higher Education (Commission) has the authority to adopt ‘needs’ criteria for the licensing of degree granting out-of-state institutions.

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

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July 12, 1984

Opinion regarding if a licensed South Carolina polygraph examiner, who is in good standing in this State, could train a non-U.S. citizen to be certified as a polygraph examiner in accordance with the requirements set forth in the Code of Laws.

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

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July 11, 1984

Opinion examining two combinations of offices to determine whether the prohibition against dual office holding in the Constitution of the State of South Carolina may be contravened if one person held both offices simultaneously in each situation.

Requested by: The Honorable T. Bruce Smith, II, Senator, District No. 9

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July 11, 1984

Opinion regarding the applicability of Section 17–7–650, Code of Laws of South Carolina, 1976, as amended.

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

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July 10, 1984

Opinion as to the tax situs of motor vehicles within the City of Rock Hill when the business is situated within the city.

Requested by: Emil W. Wald, Esquire, Attorney for the City of Rock Hill

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July 09, 1984

Opinion regarding At No. 497 (S.440, R. 598) to determine whether the Act contains any inconsistencies concerning rule-making authority with respect to the Children’s Foster Care Review Board system, and how any such inconsistencies may be resolved.

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

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July 09, 1984

Opinion as to whether § 11-35-5230, of the South Carolina Code of Laws, 1976 (1983 Cum.Supp.) contemplates that certain contracts be ‘negotiated’ instead of let through the competitive bid process generally described at §11-35-1520 of the amended Code.

Requested by: Honorable Moses H. Clarkson, Chairman, Board of Health and Environmental Control

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July 9, 1984

Opinion as to whether Section 59–1–370 of the Code of Laws of South Carolina, 1976, as amended permits local school districts to schedule an in-service training day for teachers on general election day.

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

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July 06, 1984

Opinion as to whether the Town of Hampton may close two roads which have never been opened for use by the public and, if so, whether the property may be given to a nearby church and adjacent property owners.

Requested by: The Honorable Harold S. McMillan, Mayor, Town of Hampton

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July 06, 1984

Opinion regarding if a nineteen (19) year-old defendant could be sentenced for the crime of burglary under the Youthful Offender Act, §§ 24–19–10 et seq., Code of Laws of South Carolina.

Requested by: The Honorable James O. Dunn, Solicitor, Fifteenth Judicial Circuit, Georgetown County Office

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July 3, 1984

Opinion as to whether a proviso in the 1984-85 Appropriations Act would apply to the Georgetown County Water and Sewer District, to allow the electorate to vote on placing the District under county control, and whether the delegation can proceed after the proviso becomes law to place the referendum on the ballot in the November general election.

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

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July 03, 1984

Opinion as to the status of the Greenville County Planning Commission as a separate political subdivision for the purposes of federal identification numbers for Social Security Act reporting purposes.

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

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July 3, 1984

Opinion as to the constitutionality of a proposed bill to draw single member districts for Sumter County.

Requested by: Senator Phil P. Leventis, Gressette Building

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July 03, 1984

Opinion as to whether it would be a violation of the dual office holding provisions of the South Carolina Constitution for a person to serve simultaneously as a state constable and as a correctional officer at a state prison.

Requested by: Mr. Charles D. Peace

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July 03, 1984

Opinion whether a municipality may repeal an ordinance by which it enacted a municipal personnel policy which included an employee grievance procedure.

Requested by: The Honorable R. Woods, Member, House of Representatives

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June 28, 1984

Opinion regarding whether and how a vacancy on the board of trustees for the Medical University of South Carolina may be filled if such vacancy occurs while the legislature is not in session.

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

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June 27, 1984

Opinion concerning publication of legal notices in South Carolina.

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

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June 26, 1984

Opinion as to whether the law firm of an attorney elected by the General Assembly to membership on a state university board of trustees may continue to represent the university on an ad hoc basis and, if so, what steps the attorney-trustee should take to avoid any appearance of a conflict of interest.

Requested by: The Honorable Jackson V. Gregory, Member, House of Representatives

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June 26, 1984

Opinion as to whether accepting an administrative position with the Piedmont Multi-County Mental Retardation Board would constitute an office of honor or profit within the meaning of the dual office holding prohibition contained in the Constitution of the State of South Carolina.

Requested by: Mr. John W. Still, Member, Greenwood County Council

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June 26, 1984

Opinion concerning an elected Circuit Judge’s oath of office status in connection with the date of filing.

Requested by: Larry W. Propes, Deputy Director, South Carolina Court Administration

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June 26, 1984

Opinion as to what role the Department of Education should have in governing foundations established to support vocational student organizations such as the Future Homemakers of America (FHA) and Future Farmers of America (FFA).

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

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June 22, 1984

Opinion as to the legal status of the Valley Public Service Authority, 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, 1984

Opinion regarding the feasibility of the incorporation of an area known as St. Andrews in Richland County with a portion of the area overlapping the Lexington County line.

Requested by: John T. Campbell, Secretary of State

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June 22, 1984

Opinion concerning the constitutionality of H.3976, R-563, which would revise and increase the compensation of officers and members of the governing commission of the Greenwood Metropolitan District.

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

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June 22, 1984

Opinion regarding whether the Governor may adjourn the General Assembly when there is a disagreement between the two houses with respect to the time of adjournment.

Requested by: The Honorable Richard W. Riley, Governor

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June 22, 1984

Opinion as to whether the Governor may call a special session when the General Assembly has adjourned, but has not yet adjourned sine die.

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

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June 21, 1984

Opinion as to the authority of the Department of Education to provide the special assistance now being provided to Clarendon County School District One.

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

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June 21, 1984

Opinion regarding if the Town of Latta municipal ordinance requiring six month residency is invalid, and, if so, how long before filing a petition must a potential candidate have resided within and been a registered elector of a municipality.

Requested by: A. Glenn Greene, Jr., Esquire, Greene, Lockemy, & Bailey

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June 20, 1984

Opinion as to the power of Clemson University, acting with the approval of the Budget and Control Board, to lease portions of its land to a private developer who would develop the land as set forth herein.

Requested by: Honorable James M. Waddell, Jr.

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June 20, 1984

Opinion reviewing a previous opinion of this Office, dated July 12, 1973, authored by Deputy Attorney General Joseph C. Coleman that concluded that Section 56–5–1520 of the Code of Laws of South Carolina (§ 46–361 of 1962 Code) ‘requires notation of the rate of speed [on a traffic ticket] only when that speed has been clocked by speedometer or other mechanical means.’

Requested by: Colonel P. L. Meek, Director, Law Enforcement Division, Department of Highways and Public Transportation, and Louis Rose, Director, South Carolina Court Administration

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June 20, 1984

Opinion as to whether South Carolina had a statute similar to a statute of North Carolina which permits interchange of governmental employees.

Requested by: The Honorable E. Joe Wallace, Sheriff of Cherokee County

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June 19, 1984

Opinion as to the effect of the proposed Education Improvement Bill (Bill) on local school tax millage for the Greenville County School District (District).

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

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June 19, 1984

Opinion as to whether S.697, R-515 is constitutional. We would advise that the proposed legislation is of doubtful constitutionality.

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

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June 19, 1984

Opinion regarding if a person who is the nominee for a House seat resign his candidacy and run for the Senate.

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

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June 18, 1984

Opinion as to the constitutionality of H.3936-R 529, which bill sets the tax millage rates for six public service or special purpose districts in Charleston County.

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

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June 18, 1984

Opinion as to the constitutionality of R-546, H.3767, a bill creating a fish sanctuary to be known as Shelley Lake in Marion County.

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

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June 15, 1984

Opinion as to whether a fire chief or arson investigator of the Tigerville Fire Department would be considered officers for the purposes of dual office holding so as to preclude their being commissioned as state constables, which position is considered an office.

Requested by: Captain Lynn S. Sumner, Support Services Division, Tigerville Fire Department

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June 15, 1984

Opinion as to whether a person who is not an American citizen may be appointed to serve on the Williamsburg County Hospital Board.

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

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June 12, 1984

Opinion whether there is any violation of State statute or regulations with respect to the continued employment of the son of [the person] . . . who will become Chief Highway Commissioner on July 1, 1984.

Requested by: Victor S. Evans, Chief Counsel, Department of Highways and Public Transportation

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June 12, 1984

Opinion regarding the City of Aiken considering the adoption of a Landscaping and Tree Ordinance, and if the 1875 opinion written by Harry Burchstead stating a similar ordinance would be unconstitutional is still the opinion of the SC Attorney General’s Office.

Requested by: Henry Summerall, Jr., Esquire, Summerall & Bailey, P.A.

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June 11, 1984

Opinion concerning if a Magistrate’s Constable may serve as a poll manager at the June 12 Democratic primary.

Requested by: Albert L. Flowers, Chairman, Darlington County Democratic Party

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June 11, 1984

Opinion concerning § 40–29–10 et seq. which provides for the regulation of massage parlors and the licensing of masseurs and masseuses in this State.

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

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June 06, 1984

Opinion as to whether Section 46-3-150 of the Code of Laws of South Carolina (1976) has been superseded by Section 30-1-10 et seq. (Public Records Act).

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

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June 04, 1984

Opinion regarding an individual being considered for the position of county forest ranger whose uncle is a member of the county forestry board.

Requested by: Mr. D. Wilson Horton, Regional Forester, State Forestry Commission

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June 01, 1984

Opinion whether a member of the Occupational Health and Safety Review Board would be a public officer for dual office holding purposes.

Requested by: The Honorable Edgar L. McGowan, Commissioner, South Carolina Department of Labor

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June 01, 1984

Opinion regarding whether the prohibition against dual office holding in the Constitution of the State of South Carolina would be contravened if an individual were to serve simultaneously as a state constable and a superintendent of a school district.

Requested by: Ms. Patricia N. Murphy, South Carolina Law Enforcement Division

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June 1, 1984

Opinion concerning the relationship of South Carolina’s Freedom of Information Act (FOIA) to the functioning of the Tenure Committee at Lander College.

Requested by: Larry A. Jackson, President, Lander College

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June 01, 1984

Opinion as to whether or not the South Carolina Board of Social Services (hereinafter ‘Board’) and/or the South Carolina Department of Social Services (hereinafter ‘DSS’) can purchase an indemnity bond to protect certain Board members and DSS employees in the event of an adverse judgment in a suit pending against them. It is our advice that there is no authority for either the Board or DSS to purchase an indemnity bond.

Requested by: James L. Solomon, Jr., Commissioner, South Carolina Department of Social Services

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May 31, 1984

Opinion concerning certain tax levies of the City of Tega Cay.

Requested by: W. Clarkson McDow, Jr., Esquire, Roddey, Carpenter, and White

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May 31, 1984

Opinion as to whether or not the St John’s Fire District Fire Marshall, if made a constable, who is not compensated by the state, would have to comply with the requirements of § 23-23-40, which establishes minimum training requirements, such as those given at the Criminal Justice Academy in Columbia.

Requested by: Norman W. Stevenson, Esquire, Barnwell and Stevenson

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May 31, 1984

Opinion as to whether or not a small rotating red light, magnetically mounted to the roof of a vehicle, would satisfy the requirements of §§ 56–5–170 and 56–5–4700.

Requested by: Captain Lynn S. Sumner, Tigerville Fire Department

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May 30, 1984

Opinion regarding the composition of the Greenwood Metropolitan Commission and who appoints, elects, or recommends for appointment the members of this body in light of the ‘Home Rule Legislation’ of § 4-9-10, et seq., CODE OF LAWS OF SOUTH CAROLINA (1976).

Requested by: The Honorable Thomas L. Hughston, Jr., Member, House of Representatives

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May 29, 1984

Opinion regarding whether a Dillon city police officer is required to be bonded.

Requested by: Mr. Charles E. Curry, Curry and Bethea

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May 25, 1984

Opinion as to whether ‘final disciplinary actions taken by the state’s licensing boards (or agencies) against licensed professionals is public information.’

Requested by: F. Douglas McDonald, PhD, Chairman, South Carolina State Board of Examiners in Speech Pathology and Audiology

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May 24, 1984

Opinion regarding whether similar legislation to the State of Michigan’s Urban Cooperation Act of 1967 could be adopted in this State.

Requested by: Mr. Ellen M. Still, Principal Auditor, Legislative Audit Council

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May 24, 1984

Opinion regarding the legality of prohibiting the use of trade names in the practice of dentistry.

Requested by: N.B. Heyward, Executive Director, South Carolina State of Dentistry

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May 24, 1984

Opinion as to whether a city recorder (ministerial recorder) who is not a Notary Public is authorized by law in South Carolina to perform marriage ceremonies in South Carolina.

Requested by: The Honorable C. Smith, Senator, Spartanburg County

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May 23, 1984

Opinion regarding whether a magistrate may designate a constable as his agent for purposes of conducting a sale pursuant to Section 29–15–10, Code of Laws of South Carolina, 1976, as amended.

Requested by: The Honorable M. Victor Revelise, Magistrate, North Charleston District

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May 22, 1984

Opinion as to whether a county council may enact an ordinance providing for the payment of county property taxes on an installment basis.

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

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May 22, 1984

Opinion as to whether the provisions of Article III § 18, Constitution of South Carolina (1895) as amended, require the reading of a bill in its entirety on second reading upon the request of any member even if a motion is before the House of Representatives to table or continue the bill.

Requested by: The Honorable Dill Blackwell, Member, House of Representatives

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May 22, 1984

Opinion regarding the authority of a city recorder.

Requested by: Andrew W. Brock, Detective, Seneca Police Department

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May 21, 1984

Opinion regarding whether it is legal for a newly-elected member of your Town Council to be paid by the Town for doing the Town’s automobile mechanical work and if so, what would be the maximum amount that he could be paid annually.

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

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May 21, 1984

Opinion on whether a portion of Greenville County’s share of the Watercraft Gasoline Tax Fund should be used for construction or repairs on property belonging to a State agency, in this case the South Carolina Department of Wildlife and Marine Resources.

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

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May 18, 1984

Opinion regarding whether circuit judges may impose public service as a condition of probation.

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

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May 17, 1984

Opinion regarding whether a formal hearing is necessary for the issuance of a reprimand by the State Board of Examiners for Nursing Home Administrators where a particular nursing home administrator was alleged to have provided negligent care of patients and such allegations were substantiated by the Department of Health and Environmental Control.

Requested by: Ms. Bonnie L. Carroll, Executive Director, State Board of Examiners for Nursing Home Administrators

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May 17, 1984

Opinion on the question of whether an individual who holds a State Constable position may run for a Council seat for the City of Union and, if elected, serve in both positions.

Requested by: Bobbie Jean Lawson, CMC, Municipal Clerk

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May 16, 1984

Opinion as to whether one person simultaneously serving on a town council while being employed as a Field Deputy II by the Employment Security Commission would violate the dual office holding provisions of the Constitution of the State of South Carolina.

Requested by: William H. Griffin, Esquire, Office of General Counsel, South Carolina Employment Security Commission

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May 16, 1984

Opinion as to the responsibilities of a sheriff and his deputy in assisting bail bondsmen in apprehending individuals who have jumped bail.

Requested by: Robert H. Orr, Jr., Sheriff, Chest County Sheriff’s Department

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May 16, 1984

Opinion concerning the office of Probate Judge for Clarendon County.

Requested by: The Honorable C. Alexander Harvin, III, Member, House of Representatives

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May 15, 1984

Opinion as to the effect of § 9-1-1600 on a retired employee.

Requested by: Wade H. Logan, III, Esquire, Charleston County Attorney

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May 15,1984

Opinion as to whether South Carolina declares anything to be legal tender in payment of debts, whether the Coinage Act of 1792, 2 Stat. 246 (1792), is still in effect, and whether Art. I, § 10 of the United States Constitution is binding on South Carolina.

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

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May 15, 1984

Opinion as to whether a municipal court judge is eligible to serve as a juror for any court system other than his own.

Requested by: The Honorable M. L. Turner, South Congaree Town Recorder

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May 10, 1984

Opinion concerning the Lease Agreement dated April 30, 1982, by and between the State of South Carolina (Lessor) and R. David Brown (Lessee) as well as a Lease Addendum and a Lease Amendment executed subsequent to the Lease Agreement and certain other letters and documents, the purpose of this review being to construe the documents to determine the total number of years over which the Lessee could claim a lease in the subject premises.

Requested by: Claude M. Scarborough, Jr., Esquire, South Carolina Research Authority

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May 10, 1984

Opinion regarding whether the records of your agency, the State Workers’ Compensation Fund, would be public records as defined by the Freedom of Information Act, Section 30–4–10 et seq., Code of Laws of South Carolina (1983 Cum.Supp.) (“FOIA” or “the Act”), and of the two types of records maintained by your agency, which, if either, would be discoverable under a Freedom of Information Act inquiry.

Requested by: David Hill Keller, Esquire, Staff Attorney, State Workers’ Compensation Fund

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May 10, 1984

Opinion about the conduct of meetings of the South Carolina Educational Television Commission, in regard to a quorum of members necessary for the conduct of business by the Commission.

Requested by: Jack W. Newton, Chairman, South Carolina Education Television Commission

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May 09, 1984

Opinion as to the legality of the appointment of a special referee to preside over the public sale of property located in Allendale County, where you hold the positions of Master and Probate Judge.

Requested by: The Honorable Caroll E. Reeves, Judge of Probate, Allendale County

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May 9, 1984

Opinion on the legality of the appointment of a special referee to preside over the public sale of property in Allendale County. Requested by The Honorable Carroll E. Reeves, Judge of Probate, Allendale County. Read full opinion.

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May 08, 1984

Opinion regarding if Section 56-16-30 of H. 3611 violates the equal protection clause of the State Constitution by requiring manufacturersincorporated in foreign countries to pay their dealers reasonable compensation but not imposing similar requirements on domestic manufacturers.

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

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May 07, 1984

Opinion regarding the standard for granting a directed verdict for a defendant/minor respondent at the end of the State’s case in a juvenile criminal matter in Family Court.

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

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May 07, 1984

Opinion regarding if the value of each owner’s interest is to be separately assessed in condominium units, and is the sales price of each time sharing unit or the collective sales price of all time sharing units to be the basis of determining fair market value.

Requested by: Mr. J. Edward Gay, Beaufort County Assessor

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May 07, 1984

Opinion regarding what restrictions exist under the law on optometrists offering discounts on eye examinations in South Carolina.

Requested by: Dr. Paul Burrell, Jr., Chairman of the Board of Examiners in Optometry, and The Honorable David O. Hawkins, Member, House of Representatives

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May 04, 1984

Opinion as to the constitutionality of ordinances proposed for the City of Georgetown, relating to curfews.

Requested by: Mr. James F. Elders, Chief of Police, City of Georgetown

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May 04, 1984

Opinion regarding if the provisions of Section 56-16-40 of H. 3611 violate the Sherman Act (15 U.S.C. § 1 et seq.).

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

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May 04, 1984

Opinion as to whether the County of Darlington may abolish the Palmetto Rural Fire District, should the County decide to offer county-wide fire protection.

Requested by: L. Franklin Elmore, Esquire, McGowan, Keller, Eaton, Brodie, & Elmore, P.A.

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May 03, 1984

Opinion concerning the interpretation of Section 6-7-830, Code of Laws of South Carolina (1976), as amended, and whether the notice required for locating a home for mentally or physically handicapped persons, pursuant to this Section, is properly sent to the local governing authority or the chief zoning administrator of said governing body.

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

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May 02, 1984

Opinion concerning whether there is a conflict of interest where a member of the Edgefield County Council is employed as a Case Manager by the Edgefield County Senior Citizens Council under its Job Training Partnership Act Program.

Requested by: The Honorable Joseph F. Anderson, Jr., Member, House of Representatives

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May 02, 1984

Opinion regarding if, under the Administrative Procedures Act, the General Assembly disapproved a set of regulations which an agency is required to promulgate, at what time must the promulgating agency resubmit those regulations as well as if a legislative committee to whom the regulations were referred requests that a set of regulations be permanently withdrawn, or repeatedly requests temporary withdrawal, at what time is the promulgating agency required to resubmit the regulations.

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

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May 01, 1984

Opinion as to the applicability of the article covering compensation for crime victims (Code of Laws of South Carolina, Section 16–3–1110 et seq.) to victims involved in accidents with drunk drivers.

Requested by: The Honorable John R. Russell, Member, House of Representatives

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May 01, 1984

Opinion regarding whether the amendments to Aiken County’s ordinance to establish standards and procedures for the franchising of private ambulance services (hereafter, ‘ordinance’), as amended on third and final reading, so changed the meaning of the ordinance so as to require it to be re-introduced as a new ordinance and taken through three (3) readings before it could be legally adopted.

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

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May 01, 1984

Opinion as to Section 2 of Act No. 65, 1983 Acts and Joint Resolutions, would be applicable to Fort Hill Natural Gas Authority.

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

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May 01, 1984

Opinion regarding whether or not a Joint Resolution, as passed by the General Assembly, and proposing to amend the South Carolina Constitution to permit appropriations and authorization of expenditures to families and individuals for disaster relief, is now necessary in light of the opinion this office issued on April 3, 1984.

Requested by: Frank B. Sanders, Director, Division of Public Safety Programs

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May 01, 1984

Opinion concerning whether expenses (in the form of salaries paid to county employees) incurred by a county during one fiscal year may be paid from funds allocated during the succeeding fiscal year.

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

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April 30, 1984

Opinion whether the Charleston County Department of Social Services, in seeking Federal matching grants through the State Department of Social Services, to funds appropriated by the Charleston County Council for data processing costs, accountant fees and legal fees, needs written approval prior to expenditures in these areas.

Requested by Gaines W. Smith, Esquire.

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April 30, 1984

Opinion on whether it is unlawful in South Carolina for a parent to bargain away for monetary consideration the custody of his or her child to a stranger, thereby attempting to relieve himself or herself from all parental obligations and place that obligation upon another and whether such conduct is violative of any of the criminal laws of this State.

Requested by The Honorable William B. Traxler, Jr., Solicitor, Thirteenth Judicial Circuit.

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April 27, 1984

Opinion on 1982 Amendments to the Voting Rights Act and its effect on South Carolina’s bystander laws.

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

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April 26, 1984

Opinion on who has charge of physical evidence found at the scene of a crime such as suicide notes, bullets, etc.

Requested by The Honorable Stephen P. Lanford, Coroner of Spartanburg County.

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April 26, 1984

Opinion on whether proposed State Human Affairs Commission Regulation 65–77 is a proper promulgation of the law embodied in Act 124, 1983 Acts and Joint Resolutions (The Bill of Rights for Handicapped Persons).

Requested by The Honorable J. Verne Smith, SC Senate.

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April 26, 1984

Opinion on whether Greenville County Library must follow the statutes concerning bids when purchasing materials with donated funds.

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

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April 25, 1984

Opinion on whether Carolinas Construction Training Council (CCTC) may be awarded a contract by the S.C. Department of Highways and Public Transportation under its OJT Supportive Service Program. Is there a conflict of interest whereby the CCTC, which is composed of contractors who belong to the Carolinas Branch, Associated General Contractors (AGC), would be called upon to monitor the contractors who compose of the CCTC. Requested by Commissioner Margaret H. Rush, State Highways and Public Transportation Commission. Read full opinion.  

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April 25, 1984

Opinion on the constitutionality of S. 909 and the amendment thereto.

Requested by The Honorable Isadore E. Lourie, Senator.

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April 25, 1984

Opinion on questions from FEMA regarding application of Richard Winn Academy for disaster assistance. Has it been granted tax exemption; does it meet the criteria of an educational institution as defined by the Elementary and Secondary Education Act of 1965; and is it in compliance with Section 311 Public Law 93-288 and with Title VI of the Civil Rights Act of 1964 (P.L. 83-352).

Requested by Mr. Frank B. Sanders, Director, Public Safety Programs Division, Office of the Governor.

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April 24, 1984

Opinion on election procedures of the State Highways and Public Transportation Commission.

Requested by Commissioner R. B. Scarborough, State Highways and Public Transportation Commission of S.C.

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April 24, 1984

Opinion reviewing Senate Bill 97 concerning drug paraphernalia so as to redefine paraphernalia and to provide for a criminal rather than a civil penalty.

Requested by The Honorable Dill Blackwell, House of Representatives.

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April 24, 1984

Opinion on the constitutionality of three bills (H.3701, R-395, H.3518, R-390, and H.3530, R-391).

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

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April 24, 1984

Opinion on whether legislation is necessary for the appointment of two more individuals as ministerial magistrates for Anderson County in addition to the eleven magistrates presently serving in the county.

Requested by The Honorable M. E. McDonald, and The Honorable T. Ed. Garrison, Senators.

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April 23, 1984

Opinion on proper procedure for depositing funds generated by the dairy assessment. Such funds are collected from distributors licensed in South Carolina pursuant to § 39-33-40, Code of Laws of South Carolina (1976). The funds are to be used by the State for the recoupment of expenses incurred by the Dairy Commission in administering the Milk and Milk Products Marketing Act, supra.

Requested by Charles A. Shaw, Director, S.C. Dairy Commission.

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April 23, 1984

Opinion whether town boundaries are in compliance with existing law (boundaries established in 1937), no election conducted to approve the release of the area, nor the Secretary of State notified of the change. Boundary has gone unchallenged for 47 years and the Town has relied upon and conducted its business based on this boundary for all of these years.

Requested by Charles W. Whetstone, Jr., Esquire, Felder and Whetstone, St. Matthews, SC.

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April 23, 1984

Opinion on whether a member of the South Carolina Land Resources Conservation Commission (Commission) is covered under the State Worker’s Compensation Fund (Fund).

Requested by E. Ros Huff, Jr., Sr. Staff Attorney, State Worker’s Compensation Fund.

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April 20, 1984

Opinion concerning a request made by Family Court Judge to retire under the Judges and Solicitors Retirement Act. Judge served in various capacities, including Master for Lee County and Probate Judge for Lee County. These positions were covered by the South Carolina Retirement System, and on January 1, 1981, the judge retired from the State Retirement System with 39 1/2 years of service (determination by the Retirement System that there is nothing which prohibits a retired member under one System (here the State System) returning to employment covered by another System (here the Retirement System for Judges and Solicitors).

Requested by Honorable Ramon Schwartz, Jr., Speaker of the House, State of SC.

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April 19, 1984

Opinion whether under the facts presented and considering Section 4-9-10(c) of the Code of Laws of South Carolina (1983 Cum. Supp.), Anderson County may hold a referendum in November 1984 for the purpose of increasing the number of members on County Council from five (5) to seven (7).

Requested by Joseph G. Wright, III, Esquire, Anderson County Attorney.

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April 13, 1984

Opinion on constitutionality of pending House Bill 2100. This law creates a separate criminal offense of unlawful distribution, etc. of drugs within a half-mile radius of a school.

Requested by The Honorable Jackson V. Gregory, House of Representatives.

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April 13, 1984

Opinion on whether the manufacturers’ council of the Greater Columbia Chamber of Commerce’s ‘Monte Carlo Night’ is illegal.

Requested by The Honorable Jean H. Toal, House of Representatives.

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April 13, 1984

Opinion regarding whether a physical therapist can administer physical therapy to patients who are referred to them by podiatrists. Because only a licensed doctor of medicine or dentistry may refer patients to a physical therapist, the question is thus whether a podiatrist is classified as a ‘licensed doctor of medicine.

Requested by President, South Carolina State Board of Physical Therapy Examiners.

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April 13, 1984

Opinion regarding property unclaimed – are unpresented drafts and checks issued by property and casualty insurance companies subject to the Uniform Disposition of Unclaimed Property Act, § 27-17-10, et seq., South Carolina Code of Laws, 1976, as amended

Requested by The Honorable John G. Richards, V, Deputy Chief Insurance Commissioner.

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April 13, 1984

Opinion as to the following questions: Elections (Voter Registration); Elections (Generally); County; Public Information; Statutes: Does South Carolina law prohibit door-to-door registration of voters or more specifically, the taking of applications for voter registration at one’s home?

Requested by Members of the General Assembly.

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April 12, 1984

Opinion on whether the State Workers’ Compensation Fund may lawfully require that witness fees and allowances paid to employees of that agency who are subpoenaed to appear as witnesses in state and federal court pursuant to their official duties be turned over by the employee to the agency for remittance to the General Fund.

Requested by Preston F. McDaniel, Sr. Staff Attorney, State Workers’ Compensation Fund.

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April 12, 1984

Opinion on whether a registered producer of alcoholic liquor may maintain a purchase money security interest in alcoholic liquors sold to a licensed wholesaler.

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

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April 12, 1984

Opinion where a school board has one or more of its members who are also officers and principal stockholders in a bank within the school district; bank is the only banking institution in the particular school district and substantially all, if not completely all, of the monies of the school district are deposited in the local bank, and whether there are any ethical problems with such arrangement.

Requested by W. Robert Owens, Jr., Esquire, Otter, Sullivan and Hermeston, Anderson, SC.

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April 11, 1984

Opinion concerning eligibility for reappointment to the South Carolina Insurance Commission when term expires on June 30 of this year (appointed to the Commission in March of 1983, to fill an unexpired term ending on the date referenced above). Your specific question is whether the fact that you filled this unexpired term would make you ineligible for reappointment pursuant to § 38–3–20, Code of Laws of South Carolina (1976).

Requested by Edward K. Pritchard, Jr., Esquire, Member South Carolina Insurance Commission.

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April 11, 1984

Opinion regarding review of applicable law concerning the requirements for voter registration as those requirements relate to college students who wish to be registered in the community where they attend college.

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

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April 11, 1984

Opinion on whether Article 1, Section 10 of the United States Constitution is still in force.

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

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April 11, 1984

Opinion regarding the Appointment of Veterans Affairs Officer: (1) qualifications for the position, (2) who determines the qualifications of an individual candidate for the position and (3) to whom is the County Veterans Service Officer accountable.

Requested by The Honorable W. Richard Lee, House of Representatives.

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April 11, 1984

Opinion regarding the appropriation by the General Assembly of $5000 for each county to be paid by the various counties to the respective County Boards of Voter Registration (hereinafter County Boards).

Requested by The Honorable Davil O. Hawkins, House of Representatives.

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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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