1985 Opinions

December 23, 1985

Opinion regarding the St. Andrews election was protested and declared invalid due to certain irregularities. And inquiring what questions will be before the electorate at this election.

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

Read more...

December 20, 1985

Opinion questioning whether a present heir of Mr. Hart may legally enforce the restriction on the sale of alcoholic beverages at this time.

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

Read more...

December 17, 1985

Opinion as to several portions of Section 4-9-10 ©, Code of Laws of South Carolina (1984 Cum. Supp.), as those portions relate to a referendum on issue of changing the form of government or number or election method of county council members.

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

Read more...

December 17, 1985

Opinion as to the applicability of South Carolina’s Freedom of Information Act to an ad hoc committee appointed by Laurens County Council established to consider the long-range needs of Laurens County and make a report to County Council.

Requested by: Thomas A. Babb, Esquire, Laurens County Attorney

Read more...

December 16, 1985

Opinion asking several questions about a municipality limiting an exemption to new manufacturing establishments or additions to existing manufacturing establishments.

Requested by: Emil W. Walk, Esq., Rock Hill City Attorney

Read more...

December 16, 1985

Opinion asking 1. A person licenses a vehicle and pays tax thereon. The license tag is transferred to other vehicles and subsequently presented for cancellation. Is a refund due for the tax paid on the cancelled license? 2. Can the refund be issued when the registration or license has been lost or destroyed?

Requested by: Marion County Auditor

Read more...

December 11, 1985

Opinion questioning what authority a county government has over the personnel in a sheriff’s department.

Requested by: Carrol G. Heath, Sheriff, County of Aiken

Read more...

December 11, 1985

Opinion on whether a municipality may purchase, own, and operate a cable telecommunication system and further whether the municipality may pledge its full faith and credit and revenues to pay the debt incurred in purchasing such a system.

Requested by: Walter B. Brown, Jr., Esquire, Winnsboro Town Attorney

Read more...

December 11, 1985

Opinion asking whether you may serve simultaneously as a member of the House of Representatives and as a member of the Park Committee of the Town of Jefferson without violating the dual office holding prohibitions of the State Constitution.

Requested by: The Honorable Derial L. Ogburn, Member, House of Representatives

Read more...

December 11, 1985

Opinion asking under the definition of “municipality” as contained in Section 6-25-20, Code of Laws of South Carolina (1984 Cum. Supp.) does Mt. Pleasant Waterworks and Sewer Commission qualify for Membership in a joint municipal water system as contemplated by Section 6-25-10 et seq.?

Requested by: Gerald A. Kaynard, Esquire

Read more...

December 9, 1985

Opinion asking “whether the use of lease-purchase financing for the construction of new prison facilities would have the same long term debt effect as the use of general bonds.”

Requested by: Kenneth D’Vant Long, Project Director, Jail/Prison Overcrowding Project, State Reorganization Commission

Read more...

December 6, 1985

Opinion on whether it is legal for a licensed contractor to be appointed and to serve on the Aiken County Planning Commission.

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

Read more...

December 5, 1985

Opinion asking does the Board of Registration have the power to hire or terminate administrative personnel of the Board?

Requested by: Lee M. Hawkins, Charleston County, Board of Registration Chairman

Read more...

December 4, 1985

Opinion asking can the proceeds of a bond issue be applied to uses other than those for which bonds were issued when the bond purposes are incomplete?

Requested by: Greenville County Treasurer

Read more...

November 27, 1985

Opinion concerning whether an individual would violate the dual office holding prohibitions of the State Constitution if he were to serve concurrently on a county board of education and on the State Board of Education.

Requested by: The Honorable George K. Bailey, Member, House of Representatives

Read more...

November 25, 1985

Opinion concerning real property owned or leased to a manufacturer that by legislative definition is not used by the manufacturer in the conduct of his business is not exempt from taxation by § 12-37-220A(7) or Article X, § 3(g) of the South Carolina Constitution.

Requested by: Mr. James L. Brodie, Chief of Operations, Property Division

Read more...

November 25, 1985

Opinion concerning the constitutionality of a proposed bill.

Requested by: The Honorable John E. Courson, Member, South Carolina Senate

Read more...

November 25, 1985

Opinion concerning whether the exemption provided by § 12-37-220 B (27) limited to those persons who must use a wheelchair or does the same include all handicapped persons for which special license tags are issued?

Requested by: Honorable Lois B. Sikes, Calhoun County Auditor

Read more...

November 22, 1985

Opinion concerning whether the crimes of criminal sexual conduct with a minor in the first degree, commission of a lewd act upon a minor, and assault with intent to commit criminal sexual conduct with a minor in the first degree would be considered crimes of moral turpitude.

Requested by: Helen T. Zeigler, Legal Counsel, Office of the Governor

Read more...

November 15, 1985

Opinion on the payment of funds by Clemson University to its former President and athletic director. Requested by The Honorable Thomas A. Limehouse, Member, South Carolina House of Representatives. Read full opinion.

Read more...

November 15, 1985

Opinion concerning the payment of funds by Clemson University to its former President and athletic director.

Requested by: The Honorable Thomas A. Limehouse, Member, House of Representatives

Read more...

November 7, 1985

Opinion concerning the implementation of “Sunset” procedures.

Requested by: Honorable Robert J. Sheheen, Chairman, House Judiciary Committee and Sunset Review of Reorganization

Read more...

November 6, 1985

Opinion concerning the applicability of Sections 53-1-5 and 53-1-10 of the Code to the holding of events such as automobile or motorcycle races, musical events, car shows or exhibitions C and tractor pulls on Sunday.

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

Read more...

November 6, 1985

Opinion concerning whether the Horry County School District has the authority to spend surplus school funds without the approval of the Horry County legislative delegation.

Requested by: Honorable Ben E. Thrailkill, Jr., DDS, Representative, Horry County

Read more...

November 1, 1985

Opinion concerning whether the Pendleton District Historical and Recreational Commission would be a special purpose or public service district.

Requested by: Hurley E. Badders , Executive Director, Pendleton District Historical and Recreational Commission

Read more...

November 1, 1985

Opinion concerning the $7.75 assessment authorized by Section 52 (A) (1) of the 1985 General Appropriations Act.

Requested by : F. D. Gibson, Denmark Police Chief, The City of Denmark

Read more...

October 31, 1985

Opinion concerning whether the positions of Delinquent Tax Collector and Director of Civil Defense be combined and held by a single individual with corresponding compensation.

Requested by: Wesley L. Brown, Esquire, Cherokee County Attorney

Read more...

October 31, 1985

Opinion concerning a proposed agreement between McCormick County Council and McCormick Arts Council at the Keturah (“MACK”) , whereby MACK will, for compensation, promote civic, cultural, and other recreational and tourism-related functions for McCormick County.

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

Read more...

October 31, 1985

Opinion concerning whether the positions of Delinquent Tax Collector and Director of Civil Defense be combined and held by a single individual with corresponding compensation.

Requested by: Wesley L. Brown, Esquire, Cherokee County Attorney

Read more...

October 30, 1985

Opinion concerning whether the period of time a death falls under the jurisdiction of a coroner.

Requested by: The Honorable Beverly Queen, Deputy Coroner, Cherokee County Cherokee County Courthouse

Read more...

October 30, 1985

Opinion concerning multiple questions. Whether the meetings of the South Carolina Department of Parole and Community Corrections (“Parole Board”) constitute “meetings” by a “public body” under the Freedom of Information Act? If so, whether the Parole Board may move into executive session to discuss or deliberate on matters relating to pardons and paroles? Whether the votes of individual members must be disclosed?

Requested by: Frank B. Sanders, Executive Director, South Carolina Department of Parole and Community Corrections

Read more...

October 30, 1985

Opinion concerning whether there are any other means by which the method of electron could be modified.

Requested by: James H. Hodges, Esquire, Thomas, Goldsmith, Folks & Hodges

Read more...

October 29, 1985

Opinion concerning authority granted to the Florence City-County Airport Commission by Act No. 482, 1973 Acts and Joint Resolutions.

Requested by: W. Kenneth Eaton, Jr. , Esquire, Attorney for Florence City-County Airport Commission

Read more...

October 29, 1985

Opinion concerning the authority of law enforcement officers to pick up children seventeen years of age and under, which is consistent with the definition of “missing child” in Act No. 98 of 1985, who have been reported as missing to the referenced Center.

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

Read more...

October 29, 1985

Opinion concerning whether the organization would be considered as a charitable organization under South Carolina law.

Requested by: The Honorable John Drummond, Robert T. Thompson, Mr. Marshall Chapman, Mr. C. Hunter Gallman

Read more...

October 28, 1985

Opinion concerning whether the general manager of the Laurens Commission of Public Works may be appointed by the Commission to serve on the Laurens County Water Resources Commission without violating the dual office holding prohibition of the State Constitution.

Requested by: Albert D. McAlister, Esquire, McAlister, Compton & McAlister, P. A.

Read more...

October 28, 1985

Opinion concerning the legality of a city ordinance requiring certain types of businesses to close at a certain time.

Requested by: E. A. Brant, Chief of Police, Department of Public Safety Police Division

Read more...

October 28, 1985

Opinion concerning information made privileged by state law under §§ 12-7-1680 and 12-35-1530 is nonetheless subject to a disclosure under subpoena of a Federal Grand Jury or by order of a Federal Court.

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

Read more...

October 25, 1985

Opinion concerning what records maintained by magistrates and municipal court judges are subject to the orders of expungement or destruction when such orders are issued pursuant to one of the referenced statutory provisions.

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

Read more...

October 23, 1985

Opinion concerning two questions. Can a city council by ordinance expand the terms of Office of the mayor and council members to four years at any time after the initial form of government has been selected? Is a city council empowered to pay severance pay to a city manager who has resigned from city employment?

Requested by: The Honorable John Drummond, Senator, District No. 10

Read more...

October 21, 1985

Opinion concerning whether the dual office holding prohibitions of the State Constitution would be violated if an individual served simultaneously as a member of the Lee County School Board and as a member of the Lee County Tax Appeals Board.

Requested by: Paul M. Fata, Esquire, Lee County Attorney

Read more...

October 18, 1985

Opinion concerning whether the exemption from taxation provided regional transportation authorities created pursuant to an Act of 1985 General Assembly, Ratification Number 257, limited to the exemptions otherwise provided counties and municipalities.

Requested by: Mr. E. Gregorie Frampton, Executive Director

Read more...

October 17, 1985

Opinion concerning who would make the appointment of the representative to serve on the East Cooper Joint Water System’s governing body.

Requested by: The Honorable Arthur Ravenel, Jr., Senator, District No. 44

Read more...

October 17, 1985

Opinion concerning whether a municipality and the organization designated to manage and direct the expenditure of Class “B” funds from the accommodations tax must agree on the terms and conditions of the expenditure. The same may include payment for services rendered by the organization.

Requested by: Honorable George H. Spare, Hardeeville Town Administrator

Read more...

October 16, 1985

Opinion concerning whether the purchaser is liable for the taxes on the omitted improvements.

Requested by: Florence County Auditor, Florence County Treasurer

Read more...

October 10, 1985

Opinion on propriety of the Board of Trustees of the College of Charleston to pay the President of the College $60,000.00 in severance pay. Requested by The Honorable Thomas A. Limehouse, Member, South Carolina House of Representatives. Read full opinion.

Read more...

October 10, 1985

Opinion concerning the written views of this Office on the apparent prohibition contained in Section 34-23-30 (B), Code of Laws of South Carolina (1976) , against an out-of-state bank holding company acquiring a “nonbank bank” in South Carolina and whether that section is consistent with the Commerce Clause of the United States Constitution.

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

Read more...

October 10, 2014

Opinion concerning the propriety of the Board’s actions to pay the President $60,000.00 in severance pay from the College. Also whether such action taken by a board of trustees in executive session but not later ratified in a public session would be effective.

Requested by: The Honorable Thomas A. Limehouse, Member, House of Representatives

Read more...

October 9, 1985

Opinion concerning the validity of a provision of the Education Improvement Act (EIA).

Requested by: The Honorable Eugene C. Stoddard, Member, House of Representatives

Read more...

October 9, 1985

Opinion concerning whether any provision of the Home Rule Act or any other provision would prohibit the Greenville County Council from approving the funding for additional deputies for the County in a supplemental appropriation, despite the fact that such deputy positions were not funded by County Council in the adoption of its annual appropriation ordinance.

Requested by: Walter H. Parham, Esquire, Greenville County Attorney

Read more...

October 9, 1985

Opinion concerning a letter of advice to the Honorable Robert N. King.

Requested by: Recipients of Issued Opinions/Letters of Advice

Read more...

October 8, 1985

Opinion concerning the interpretation of Section 5-7-120 of the Code which authorizes law enforcement officers of one municipality to respond to another municipality in cases of emergency in such other municipality.

Requested by: The Honorable J. Al Cannon, Jr., Chief of Police, City of North Charleston

Read more...

October 7, 1985

Opinion concerning whether the Legislative Audit Council has access to all records of the South Carolina Tax Commission, including those that relate to an investigation of a criminal offense.

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

Read more...

October 3, 1985

Opinion concerning whether there is authority for reductions.

Requested by: Honorable Johnny C. Allen, Treasurer, Horry County

Read more...

October 3, 1985

Opinion concerning whether §21-15-1450, South Carolina Code of Laws, 1976, as amended, by Act 498 of 1984, applies to those estates opened prior to the amendment but still in administration.

Requested by: The Honorable John V. Green, Richland County Judge of Probate

Read more...

October 2, 1985

Opinion concerning a provision in Charleston County Ordinance No. 527 which deals with the disposal of personal property, including confiscated firearms, accumulated by the Police Department.

Requested by: Thomas E. Lynn, Esquire, Deputy County Attorney, County of Charleston

Read more...

October 2, 1985

Opinion follow-up memorandum concerning the number of witnesses required to record a non-durable power of attorney.

Requested by: The Honorable Virginia Hafen, Register of Mesne Conveyances, Spartanburg County Courthouse

Read more...

October 2, 1985

Opinion concerning whether pursuant to such statutes the police department could permit a licensed firearms dealer to bid on these weapons or offer weapons and equipment in trade for use within the department.

Requested by: C. D. Hopkins, III, Esquire, Staff Attorney, City of Charleston

Read more...

October 1, 1985

Opinion concerning if a refund of property taxes is due when a motor vehicle license tag is turned in for cancellation. The amount of the refund is the proportion of tax paid equal to the proportion of full months remaining in the license year to the whole license year.

Requested by: Honorable Mary Jane McCarter, Greenville County Auditor

Read more...

October 1, 1985

Opinion concerning whether deputy registrars may be appointed at any time during the year or only during those years and times when an election is imminent.

Requested by: The Honorable A. Victor Rawl, Member, House of Representatives

Read more...

September 30, 1985

Opinion concerning two questions. Whose jurisdiction has the power to raise taxes for the Anderson County Fire Departments, the County Council or the Delegation? Can the Delegation raise the millage as the existing Act is written, or must the Delegation raise millage by introducing a new Bill?

Requested by: The Honorable Ronald P. Townsend, Member, House of Representatives

Read more...

September 27, 1985

Opinion concerning whether the Allendale County Council has the authority to reduce the salary budgeted for the Clerk of Court.

Requested by: Honorable Mary Jean Grubbs, Allendale County Clerk of Court

Read more...

September 26, 1985

Opinion concerning the number of witnesses required for recording a non-durable power of attorney.

Requested by: Recipients of Issued Opinions

Read more...

September 25, 1985

Opinion concerning the number of witnesses required for recording non-durable powers of attorney.

Requested by: Ms. Virginia Hafen, Register of Mesne Conveyances, Spartanburg County Courthouse

Read more...

September 25, 1985

Opinion concerning the interpretation of subsection (b) of Act No. 163 of 1985.

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

Read more...

September 25, 1985

Opinion concerning a proposed ordinance to regulate pawnshops in light of state statutes which presently regulate pawnshops.

Requested by: Walter H. Parham, Esquire, Greenville County Attorney

Read more...

September 24, 1985

Opinion concerning whether a police officer, a highway patrolman, or other law enforcement officer may be licensed or registered under this State’s Private Detective and Private Security Agencies Act, Section 40-17-10, et seq. , of the Code.

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

Read more...

September 24, 1985

Opinion concerning Horry County Ordinance No. 6-83, pertaining to excessive noise within unincorporated areas of Horry County, to determine whether the ordinance is constitutional and, further, is authorized by the terms of Section 4-9-30, Code of Laws of South Carolina (1976 & 1984 Cum. Supp .) .

Requested by: The Honorable Olin I. Blanton, Jr., Magistrate, District 6

Read more...

September 23, 1985

Opinion concerning the application of the Fair Labor Standards Act to police officers who perform off duty employment in private security jobs, but who are compensated for that work through the City pursuant to a contract between the City and the private employer.

Requested by: Col. Jesse L. Altman, Jr., Chief of Police, Police Department, City of Beaufort

Read more...

September 23, 1985

Opinion concerning whether it is mandatory under §14-23-1130, South Carolina Code of Laws, 1976, as amended, for County Council to pay for the cost of a certified court reporter in contested matters before the Probate Court .

Requested by: Honorable Harry E. Dawkins, Orangeburg County Judge of Probate

Read more...

September 20, 1985

Opinion concerning whether the Homeland Park Water and Sewerage District is required to undergo an audit annually

Requested by: The Honorable Cebron Daniel Chamblee, Member, House of Representatives

Read more...

September 18, 1985

Opinion concerning whether surety posted by a self insured employer would be considered part of the estate of the employer if the employer filed for bankruptcy.

Requested by: Herman B. Lightsey, Jr. , Director, Coverage and Compliance, S.C. Industrial Commission

Read more...

September 18, 1985

Opinion concerning whether deputies assigned to a magistrate’s court come within the language* of Section 8-21-1060 whereby such schedule would control, as opposed to the schedule established by Act No. 163 of 1985 for sheriffs generally.

Requested by: Frank Powell, Sheriff, County of Richland

Read more...

September 18, 1985

Opinion concerning whether the Department of Mental Health has the discretion to deny back pay to an employee of the Department for the period of time he was suspended from his position pursuant to Department Policy [Memorandum No. 17-84 (8/1/84)] after being charged with committing a crime arising out of or in the course of employment with the Department of Mental Health for which conviction would adversely reflect on the individual’s suitability for patient care and/or employment.

Requested by: Dr. Jaime E. Condom, Interim State Commissioner, S.C. Department of Mental Health

Read more...

September 18, 1985

Opinion concerning the duties of law enforcement personnel in the fingerprinting of pupils under §59-63-50 of the Code of Laws of South Carolina, 1976, as amended.

Requested by: Ms. Jeanne R. Hertzog, Director of Personnel/Budget, Lexington County Sheriff’s Department

Read more...

September 17, 1985

Opinion concerning whether a testator in a will can disallow a commission for serving as an executor thereunder.

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

Read more...

September 17, 1985

Opinion concerning the legality of an ordinance of the Town of Timmonsville which received first reading on August 19, 1985.

Requested by: John L. McGowan, Esquire, Timmonsville Town Attorney

Read more...

September 13, 1985

Opinion concerning whether the agricultural land classification precluded to lands that are situate within the corporate limits of a municipality.

Requested by: W. J. McLeod, Jr. , Esq., Attorney At Law

Read more...

September 13, 1985

Opinion concerning multiple questions. Does § 12-37-2640 prevent the Rock Hill City council from reducing the millage applicable to automobiles collected during 1986 from 102 mills to 68 mills? Does § 12-37-2640 contravene South Carolina Constitution Article X, § 5 [1] which requires uniformity with respect to taxation on property? If the Statute requires the imposition of 1985 tax millage to auto taxes collected in 1986 and if the Statute does not violate Article X, § 5 [1], may City Council by virtue of its broad home rule powers nevertheless set 1986 auto taxes at the new lower rate applicable to all other property?

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

Read more...

September 12, 1985

Opinion concerning whether R7-92, Alcoholic Beverage Control Commission Regulations, prohibits the transfer of beer between licensed retail locations owned by the same person or corporation.

Requested by: The Honorable Ramon Schwartz, Jr., Speaker, S.C. House of Representatives

Read more...

September 5, 1985

Opinion concerning the effect of an amendment to a provision of the Education Improvement Act providing for the fingerprinting of school children.

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

Read more...

September 4, 1985

Opinion concerning whether Act No . 163 of 1985 requires such sheriffs to begin turning over these fees and commissions to their counties or may they still continue to retain such monies.

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

Read more...

September 4, 1985

Opinion concerning multiple questions. Which assessments should be collected when a person is convicted of a violation of §56-5-6450 of the 1976 Code, as amended, in the event the defendant, on or before the trial date, demonstrates to the court the acquisition of a child restraint system? Which assessments should be collected when a person is convicted of issuing a fraudulent check but, pursuant to § 34-ll-90(c) of the 1976 Code, as amended, the defendant makes satisfactory proof of restitution to the court. If a defendant is convicted and sentenced to a jail term without the opportunity to pay a fine, and regard less of whether the jail term is suspended, will the defendant be responsible for the payment of any of the above mentioned assessments? May any of the assessments be waived by the court if a convicted defendant is indigent and unable to pay? If the court may not waive any of the referenced assessments upon a showing of indigency, and the defendant cannot pay the assessments, or the defendant refuses to pay the assessments, what remedies are available to the magistrate or municipal judge?

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

Read more...

September 3, 1985

Opinion concerning multiple questions. Does Chester County Council have absolute legislative authority over both of these special purpose districts? Will the Attorney General take the necessary action to preclear Act No. 1486, 1968 Acts and Joint Resolutions, with the United States Department of Justice? Whether one serving as either Town Clerk or as a member of the Town Council of the Town of Richburg may properly serve as a commissioner of the Chester Metropolitan (water) District? Can the commissioners of the Chester Metropolitan (water) District take control over a privately-owned water system without providing the resident users a vote in a referendum process? Can the commissioners of the Chester Sewer District take control over a privately-owned sewage system without giving the resident users an opportunity to vote in a referendum process?

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

Read more...

September 3, 1985

Opinion concerning whether the Old Ninety Six Tourism Commission is a special purpose district.

Requested by: Mr. J. W. Lawrence, South Carolina Department of Parks, Recreation & Tourism

Read more...

September 3, 1985

Opinion concerning whether the annual State Appropriations bill can be introduced simultaneously in the Senate and House, consistent with Article III, § 15 of the State Constitution.

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

Read more...

August 30, 1985

Opinion questioning whether provisions in such special acts now covered by the provisions of Act No. 163 continue in light of the enactment of such Act or should such provisions in the special acts be considered to have been repealed by the recent legislation.

Requested by: Motte L. Talley, Staff Attorney, South Carolina Court Administration

Read more...

August 29, 1985

Opinion questioning whether a recent amendment to this State’s blue laws, Section 53-1-5 of the 1976 Code of Laws which provides for the conscientious objection to Sunday work for employees, is affected by the decision of the Court in Thornton.

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

Read more...

August 27, 1985

Opinion questioning what is the tax status of the interest in personal property of a person, in example a wife, that is owned with another, in example, her husband, who is a non-resident person, in military service?

Requested by: The Honorable Emily Jackson, Auditor, Sumter County

Read more...

August 27, 1985

Opinion on whether an individual moving from the district from which he was elected to serve on Colleton County Council would continue to serve the remainder of his term and, if not, how his replacement would be selected.

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

Read more...

August 27, 1985

Opinion as to whether a proviso contained in the 1985-86 State Appropriations Act authorizing a sale by College as part of a larger transaction is merely an authorization to buy certain property and finance it over four years with a loan to be paid back out of proceeds from the sale of other lands by the College.

Requested by: The Honorable Glenn F. McConnell, Member, South Carolina Senate

Read more...

August 27, 1985

Opinion asking to review previous opinion dated August 1, 1985, concluding that persons appointed to serve as commissioners of a municipal housing authority must be qualified electors of the municipality for which the housing authority has been established.

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

Read more...

August 21, 1985

Opinion asking whether you may be eligible to run for the Beaufort County Board of Education or Beaufort County Council.

Requested by: Mr. Steve Marlowe

Read more...

August 20, 1985

Opinion questioning what effect does Senate Bill S-397, Ratification R-254 have upon the collection of property taxes by a municipality that does not contract with a county for the collection?

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

Read more...

August 20, 1985

Opinion on whether you holding a position on Greenwood County Council and being employed as executive secretary for the Association for Retarded Children under the Piedmont Multi-County Mental Retardation Board would contravene the dual office holding prohibitions of the Constitution of the State Carolina.

Requested by: Mrs. R. H. Kennette, Greenwood Highway

Read more...

August 19, 1985

Opinion as to whether implementation is mandatory, how implementation is to be accomplished, and how to have the proper officials abide by the law.

Requested by: The Honorable Tee Ferguson, Member, House of Representatives

Read more...

August 16, 1985

Opinion asking whether an engineer can file a mechanic’s lien on property for labor furnished for the improvement of real estate.

Requested by: Secretary, State Board of Registration for Professional Engineers and Land Surveyors

Read more...

August 16, 1985

Opinion as to the meaning of the provision of §40-9-39, Code of Laws of South Carolina (1984 Supp.), which limits members of the South Carolina Board of Chiropractic Examiners to “two full consecutive terms.” Specifically, you have inquired whether or not member of the Board who was appointed to a two-year term and to a consecutive four-year term, pursuant to §40-9-30, Code of Laws of South Carolina (1984 Supp.), is eligible to serve an additional, consecutive four-year term.

Requested by: Executive Director, Board of Chiropractic Examiners

Read more...

August 16, 1985

Opinion as to the duties imposed on the South Carolina High School League (League) to enforce he academic eligibility requirements for participation in interscholastic athletics, under §59-39-160 of the Code of Laws of South Carolina, 1976, as amended.

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

Read more...

August 16, 1985

Opinion as to how the Comptroller General’s Office should administer this provisio and whether any party is exempted from it coverage.

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

Read more...

August 14, 1985

Opinion on the possible role a county council may play in terminating a deputy sheriff.

Requested by: Robert O. Collins, Chairman, Barnwell County Council

Read more...

August 13, 1985

Opinion as to the legal status of the Tangent Transportation Company, 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

Read more...

August 13, 1985

Opinion asking several questions in regards to an attorney serving as assistant county attorney.

Requested by: Mr. Robert D. Coble, Richland County Council

Read more...

August 13, 1985

Opinion as to the legibility of the Tangent Transportation Company to participate in the State Insurance Program.

Requested by: Mrs. Phyllis B. Beighley, Insurance Benefits System, South Carolina Retirement System

Read more...

August 13, 1985

Opinion concerning the Western Carolina Regional Sewer Authority.

Requested by: The Honorable Thomas M. Marchant, III, Member, House of Representatives

Read more...

August 9, 1985

Opinion regarding an application for admission to the State Criminal Justice Academy, where the individual has past history which includes a pardon for multiple offenses.

Requested by: John A. O’Leary, Executive Director, South Carolina Criminal Justice Academy

Read more...

August 8, 1985

Opinion asking whether Article XII, §9 of the South Carolina Constitution precludes a private corporation from participating in the management of a State correctional facility through a contract with the Board of Corrections.

Requested by: Larry C. Batson, Esquire, South Carolina Department of Corrections

Read more...

August 7, 1985

Opinion concerning proposed expenditures by Cherokee County to attract industry and a proposed merger of two positions within Cherokee County .

Requested by: Wesley L. Brown, Esquire, Cherokee County Attorney

Read more...

August 7, 1985

Opinion asking whether §31-3-130 of the Code of Laws of South Carolina (1976 as amended) has been impliedly repealed by the provisions of the State Personnel Act, §8-11-210 et seq. as to classification and compensation.

Requested by: Ms. Carla C. Sanders, Personnel Specialist, S.C. State Housing Authority

Read more...

August 6, 1985

Opinion asking whether § 48-33-10 et seq. (South Carolina Forest Fire Protection Act) has been impliedly repealed by the State Personnel Act, § 8-11-210 et seq. or the State Grievance Act, § 8-17-10 et seq. Specifically, to know whether § 48-33-60 of the Forest Fire Protection Act remains the method of employment and dismissal of certain Forestry personnel.

Requested by: Mr. Leonard A. Kilian, Jr., State Forester, S.C. Forestry Commission

Read more...

August 6, 1985

Opinion as to whether or not rural electric cooperatives “may enter into the home entertainment business.”

Requested by: The Honorable David M. Beasley, House of Representatives

Read more...

August 2, 1985

Opinion concerning whether the South Carolina Industrial Commission can delegate its duty to approve a settlement under the Workers’ Compensation Act to a deputy Commissioner.

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

Read more...

August 2, 1985

Opinion asking to what extent, can county resources be employed to induce private industry to locate Cherokee County? And, can the positions of Delinquent Tax Collector and Director of Civil Defense and Disaster Preparedness be combined and held by a single individual with corresponding compensation?

Requested by: Wesley L. Brown, Esquire, Cherokee County Attorney

Read more...

August 1, 1985

Opinion as to the power of mayor to remove from office a housing authority commissioner who has moved out of the city limits.

Requested by: Ms. Judith S. Burk, Assistant City Attorney, City of Greenville

Read more...

August 1, 1985

Opinion as to whether an operator of a community car home would be prohibited from serving as a member of a local mental health center board under §44-11-10, South Carolina Code of Law, 1976, as amended.

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

Read more...

August 1, 1985

Opinion as to whether one individual may serve concurrently as a member of a school board and as director of the Youth Employment Coordinating Council without contravening the dual office holding prohibition of the State Constitution.

Requested by: The Honorable Warren K. Giese, Senator, District No. 22

Read more...

July 31, 1985

Opinion concerning which public official or body has the authority to fill a vacancy on the Richland County School District Two Board of Trustees.

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

Read more...

July 31, 1985

Opinion concerning whether the South Carolina Scenic Rivers Act of 1974, §§ 51-5-10 et seq . , 1976 Code of Laws as amended would authorize the State to accept a grant of a scenic river easement when the grant provides for termination if certain conditions occur.

Requested by: The Honorable Alfred H. Vang, Executive Director, Water Resources Commission

Read more...

July 31, 1985

Opinion concerning whether the duties of the Commission could be delegated to the courts.

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

Read more...

July 30, 1985

Opinion concerning whether pursuant to this State’s Ethics Act, Section 8-13-10 et seq. of the 1976 Code of Laws it would be a conflict of interest for a member of the General Assembly to do business with a State, county or municipal governmental entity.

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

Read more...

July 29, 1985

Opinion concerning the extent of the authority of the Dorchester County Vocational Education Board (Vocational Board) over vocational education programs in Dorchester County which covers three (3) school districts.

Requested by: The Honorable George H. Bailey, South Carolina House of Representatives

Read more...

July 29, 1985

Opinion concerning what constitutes “the first year membership fee” as used in § 38-59-150 of the Code of Laws of South Carolina, 1976, as amended. Also, concerning whether the South Carolina Patients’ Compensation Fund required to maintain the records of the fund in accordance with generally accepted accounting principles?

Requested by: John G. Richards, V, Chairman, South Carolina Patients 1 Compensation Fund

Read more...

July 26, 1985

Opinion concerning the training requirements under this State’s Private Detective and Private Security Agencies Act as outlined in Section 40-17- 50(6) of the 1976 Code of Laws.

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

Read more...

July 26, 1985

Opinion concerning when a respondent has failed to answer within the thirty (30) days required by law, what are his rights to notice when the issues are as follows: (a) divorce, or (b) equitable division, or (c) alimony, or (d) child support, or (e) restraining order, or (f) adoption, or (g) custody?

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

Read more...

July 24, 1985

Opinion concerning whether land acquired by a church is rollback tax due and payable.

Requested by: Mr. Walter G. Gutman, Assessor, Sumter County

Read more...

July 24, 1985

Opinion concerning whether a deed executed by a Master-In-Equity during a foreclosure proceeding subject to a documentary stamp tax.

Requested by: Mr. William R. Geddings , Jr., Director, Office Services Division

Read more...

July 16, 1985

Opinion concerning the effect of §59-19-315 of the Code of Laws of South Carolina, 1976 (R.103,1985) on local legislation concerning the Greenville County School District Board of Trustees, Act 544, Acts and Joint Resolutions of South Carolina, 1982.

Requested by: Vance B. Drawdy, Esquire, Horton, Drawdy, Ward and Johnson, P. A., Attorneys at Law

Read more...

July 12, 1985

Opinion concerning whether the Pee Dee Regional Transportation Authority would be permitted to provide limousine service and baggage service for airport passengers and airlines.

Requested by: Benjamin D. Moore, Esquire

Read more...

July 12, 1985

Opinion concerning the interpretation of the recent amendment to Article X, Section 3(g) of the State Constitution.

Requested by: Ms. Judith S. Burk, Assistant City Attorney, City of Spartanburg

Read more...

July 12, 1985

Opinion concerning what law governs the composition of the board of trustees of the Marion County Vocational Education Center.

Requested by: Leonard E. Singletary, Director, Marion County Vocational Education Center

Read more...

July 9, 1985

Opinion concerning whether county council may abolish by ordinance alone a special tax district which has been created pursuant to § 4-9-30(5) of the Code of Laws of South Carolina or whether said tax district can be abolished only by a referendum of the electors of said special tax district.

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

Read more...

July 8, 1985

Opinion concerning whether the dual office holding provisions of the State Constitution would prevent an individual from serving simultaneously as a member of the House of Representatives and as an executive director for a state-wide association of professional people.

Requested by: The Honorable Derial L. Ogburn, Member, House of Representatives

Read more...

July 8, 1985

Opinion on Section 16-3-658 (criminal sexual conduct). Requested by The Honorable Ulysses Frieson, Magistrate, Florence County. Read full opinion.

Read more...

July 2, 1985

Opinion concerning whether in determining the total weight of marijuana in prosecutions pursuant to Section 44-53-370 (e) , which prohibits trafficking in marijuana, does the weight properly include the total weight of the entire growing plant when pulled from the ground.

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

Read more...

July 2, 1985

Opinion concerning the effective date of the provisions of the recent bail bond legislation, R287, as to bail bondsmen in this State.

Requested by: Motte L. Talley, Esquire, Staff Attorney, South Carolina Court Administration

Read more...

June 28, 1985

Opinion concerning the sale of fishing, boating, and swimming supplies on Sunday.

Requested by: William L. Charles, III, Esquire

Read more...

June 28, 1985

Opinion concerning whether one person may serve simultaneously as Sheriff of Edgefield County and as chief of a volunteer fire department without violating the dual office holding prohibition of the State Constitution.

Requested by: The Honorable Raymond Billy Parker, Sheriff, Edgefield County

Read more...

June 27, 1985

Opinion concerning certain procedures mandated by House Bill No. 2561, R-295, the Wage Withholding Bill for Child Support, must be put into effect.

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

Read more...

June 26, 1985

Opinion concerning records of marriage licenses and applications available to the public, including representatives of various commercial enterprises.

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

Read more...

June 21, 1985

Opinion concerning the constitutionality of H.3931, R-299, which act sets the millage for several agencies, special purpose districts, and commissions located within Charleston County.

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

Read more...

June 20, 1985

Opinion concerning whether or not, under State law, employees of the South Carolina Aeronautics Commission are authorized to report airport defects and/or potential safety hazards to the Federal Aviation Administration (hereinafter FAA) so that a NOTAM 1/ can be issued.

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

Read more...

June 19, 1985

Opinion concerning whether near beer is taxed as a soft drink or as beer.

Requested by: Mr. C.C. McCrary, Director, Sales and License Division

Read more...

June 13, 1985

Opinion concerning whether or not the Wildewood subdivision can contract with Richland County for additional law enforcement protection and services.

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

Read more...

June 13, 1985

Opinion concerning whether the State Wildlife and Marine Resources Department has the authority to prohibit the use of airboats in a particular area during a certain time of the year, such as duck season.

Requested by: Mr. W. Brock Conrad, Jr., Chief, Game Management , South Carolina Wildlife & Marine Resources Department

Read more...

June 13, 1985

Opinion concerning whether one Legislature can bind another concerning its procedure.

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

Read more...

June 12, 1985

Opinion concerning whether members of the Senate and House of Representatives would constitute a given county’s legislative delegation since a legislator representing a portion of a particular county may actually reside in another county.

Requested by: The Honorable Thomas M. Marchant, III, Member, House of Representatives

Read more...

June 12, 1985

Opinion concerning a traffic case which was prosecuted in Florence County magistrate’s court.

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

Read more...

June 12, 1985

Opinion concerning the maintenance of a budget bill.

Requested by: The Honorable Addison G. Wilson, Senator, District No. 23

Read more...

June 11, 1985

Opinion concerning whether employees of a firm or company in Horry County have protection under the conscientious objector provisions in Act No. 86 of 1985, the recently enacted “blue law” Legislation, if they choose not to work on Sundays.

Requested by: The Honorable Dick Elliott, Member, House of Representatives

Read more...

June 11, 1985

Opinion concerning whether an individual may serve simultaneously as a member of the House of Representatives and as the executive director of the Abbeville County Research, Planning and Development Board (“Board”).

Requested by: Thurmond Bishop, Esquire, Abbeville County Attorney

Read more...

June 11, 1985

Opinion concerning whether the nephew of a member of Florence City Council may be employed as a fireman by the City of Florence Fire Department.

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

Read more...

June 11, 1985

Opinion concerning the relationship of Section 8-21-310 of the Code of Laws of South Carolina (1976) to the earlier passed Section 4-1-150 of the Code.

Requested by: The Honorable James G. Fickling, Clerk of Court for Barnwell County

Read more...

June 7, 1985

Opinion concerning a new application for agricultural land classification that must be filed by a substitute trustee as a condition for the classification.

Requested by: The Honorable Walter G. Gutman, Sumter County Assessor

Read more...

June 7, 1985

Opinion concerning whether conspiracy to violate the contraband law is a felony or misdemeanor.

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

Read more...

June 7, 1985

Opinion concerning whether an Act of the General Assembly bearing ratification number R. 67 exempt motor vehicles of prisoners of war for tax years prior to the effective date of the Act.

Requested by: The Honorable Mary Jane McCarter, Greenville County Auditor

Read more...

June 6, 1985

Opinion questioning if a majority of Senators and a majority of the Representatives from a particular county cannot agree on persons to be recommended to the Governor to be appointed to a county election commission, what happens to those persons presently serving on that county election commission.

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

Read more...

June 6, 1985

Opinion concerning the constitutionality of H. 2949, R-215, which act provides a system of county government for Edgefield County, single member districts, terms of council members, and so forth.

Requested by: Ms. Helen T. Zeigler, Special Assistant for Legal Affairs

Read more...

June 6, 1985

Opinion concerning whether a majority of Senators and a majority of the Representatives from a particular county cannot agree on persons to be recommended to the Governor to be appointed to a county election commission.

Requested by: The Honorable Herbert U. Fielding, Senator, District No. 42

Read more...

June 4, 1985

Opinion concerning the constitutionality of Senate Bill No. 672 with amendment, which bill is expected to be enacted by the General Assembly prior to its adjournment.

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

Read more...

June 4, 1985

Opinion concerning the exemption provided by § 16 (J) of the permanent provisions of Act 512, Acts of 198A , limited to the inventory of merchants that are required to return the inventory to the South Carolina Tax Commission

Requested by: The Honorable Michael L. Horton, Senior Assistant Comptroller General

Read more...

May 31, 1985

Opinion concerning if an area that is seeking incorporation must apply to the other two municipalities for annexation and be rejected before it can be incorporated.

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

Read more...

May 31, 1985

Opinion concerning the interpretation of § 5-1-30 of the Code.

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

Read more...

May 30, 1985

Opinion concerning Section 56-3-210 of the 1976 Code of Laws, which relates to newly acquired vehicles and foreign vehicles being moved into this State, and Section 56-3-375 of the 1976 Code of Laws, the statute dealing with registration of automobiles generally.

Requested by: Thomas E. Lynn, Deputy County Attorney, County of Charleston

Read more...

May 30, 1985

Opinion concerning whether this State’s “blue laws”, Sections 53-1-10 et seq. of the 1976 Code of Laws, are applicable to flea markets.

Requested by: Lt . Ray Murphy, Detective Division, Spartanburg County Sheriff’s Office

Read more...

May 28, 1985

Opinion concerning whether or not two proposed regulations, recently promulgated by the South Carolina Board of Pharmacy, “had been promulgated within statutory authority” given to the Board of Pharmacy.

Requested by: Honorable Nick A. Theodore, Member, South Carolina Senate, Medical Affairs Committee

Read more...

May 24, 1985

Opinion concerning the constitutionality of H.2758, R-174, which act amends an earlier act of the General Assembly concerning the Charleston County Park, Recreation, and Tourist District.

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

Read more...

May 24, 1985

Opinion concerning the constitutionality of H.2918, R-173, which act authorizes the Lexington County Public Library System to accept a gift of real property located in Lexington and Saluda counties.

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

Read more...

May 23, 1985

Opinion concerning whether Laurens County Council may further alter the composition of the governing body of the new District, change the term a member serves, or the method of selection of membership.

Requested by: The Honorable Eugene C. Stoddard, Member, House of Representatives

Read more...

May 23, 1985

Opinion concerning the constitutionality of proposed legislation authorizing a voluntary dues deduction for state employees for membership in the South Carolina State Employees’ Association.

Requested by: The Honorable Thomas H. Pope, III, Member, South Carolina Senate

Read more...

May 23, 1985

Opinion concerning the interpretation of Section 2-12 of the Code of Ordinances for the City of Lancaster, which states that “[a]ll special committees shall be appointed by the Mayor unless a ballot be called for.”

Requested by: Rick S, Chandler, Jr., Esquire, City Attorney, City of Lancaster

Read more...

May 23, 1985

Opinion concerning whether it would be proper for the General Assembly to pass legislation affecting multi-county special purpose or public service districts and whether, if the General Assembly could not so act, concurrent action of the appropriate county councils would be necessary to effect certain changes.

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

Read more...

May 22, 1985

Opinion concerning whether a probate court can establish a “limited guardianship” for a specific purpose (i.e., to qualify a minor to attend school in a particular school district) and in the process legitimately exempt the guardian from the accounting requirements of §-1-19-140, South Carolina Code of Laws, 1976, as amended.

Requested by: Larry W. Propes, Deputy Director, S. C. Court Administration

Read more...

May 22, 1985

Opinion concerning whether § 11-11-310 permit the General Assembly to reduce the annual General Fund Operating Budget sometime within the calendar year 1986, or when it approves the annual General Fund Operating Budget for fiscal year 1985-86?

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

Read more...

May 21, 1985

Opinion concerning whether Section 4-5-140, Code of Laws of South Carolina (1984 Cum. Supp.), requires that surveyors surveying a proposed change of boundaries between counties actually mark the proposed boundary line on the land.

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

Read more...

May 20, 1985

Opinion concerning whether §44-23-1090, South Carolina Code of Laws, 1976, as amended, authorizes the release of information and records on patients and ex-patients of the South Carolina Department of Mental Health to law enforcement authorities from states other than South Carolina.

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

Read more...

May 15, 1985

Opinion concerning whether House Bill No. 2487 might violate the Commerce Clause of the United States Constitution.

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

Read more...

May 14, 1985

Opinion concerning whether one person serving simultaneously as a state employee for the South Carolina Tax Commission and as a member of the South Carolina State Board of Funeral Services would contravene the dual office holding prohibition of the State Constitution.

Requested by: The Honorable Frank E. McBride, Member, House of Representatives

Read more...

May 14, 1985

Opinion concerning whether Richland County could not lawfully provide for the payment of real property taxes in installments that begin in July in that the same is in conflict with the general law of the State.

Requested by: William Able, Esq., Richland County Attorney

Read more...

May 13, 1985

Opinion concerning whether the Authority may retain funds for use by the Authority, rather than reimbursing the State of South Carolina for operational costs of the Authority.

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

Read more...

May 9, 1985

Opinion concerning if a penalty is due for the late payment of roll-back taxes under § 12-45-180 or § 12-51-30.

Requested by: Honorable Marjorie H. Sharpe, Lexington County Treasurer

Read more...

May 9, 1985

Opinion concerning three questions. What is the legal status of the Loris Community Hospital District? What is the purpose for which the District was formed? How would the assets of the District be disbursed if the District were to be dissolved?

Requested by: The Honorable J. M. “Bud” Long, Senator, District No. 33

Read more...

May 7, 1985

May 7, 1985: Opinion concerning the validity of a marriage.

Requested by: The Honorable Frederick W. Robinson, Judge of Probate, Calhoun County

Read more...

May 7, 1985

Opinion concerning the constitutionality of a provision of the proposed South Carolina Medically Indigent Assistance Act (H. 2118 or Section 20 of Part II of the 1985-86 Appropriations Bill).

Requested by: David E. Murday, Director of Research, House of Representatives, Medical, Military, Public and Municipal Affairs Committee

Read more...

May 2, 1985

Opinion concerning whether the Department of Health and Environmental Control has statutory authority to promulgate regulations.
Requested by: Honorable Alfred H. Vang, Executive Director, S.C. Water Resources Commission

Read more...

May 2, 1985

Opinion concerning whether amendments to the Teacher Sick Leave Statute allow transfer of leave to the Department of Youth Services (DYS”) by teachers who have accumulated leave by teaching in the various school districts of the state.

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

Read more...

April 30, 1985

Opinion concerning whether a cosmetologist can apply for a manicurist or esthetician examination and April 30, 1985: Opinion concerning subsequently be licensed in addition to holding a cosmetologist license. If the answer is affirmative, you have asked whether this would require the cosmetologist to complete the required course hours in a school offering manicurist and esthetician courses.

Requested by: Ms. Doris Brantley, Executive Secretary, S.C. State Board of Cosmetology

Read more...

April 30, 1985

Opinion concerning the interpretation of S.459 § 16 on Good Behavior Credits for Inmates Confined in Local Correctional Facilities (#1424).

Requested by: David E. Belding, Esquire, Deputy Director for Criminal Justice, Division of Public Safety Programs

Read more...

April 30, 1985

Opinion concerning three questions. Would Section 2 apply to the annual renegotiations of insurance contracts? Would Section 3 provide that insurance companies, writing policies governed by this Section, do not have to write medical coverage and coverage for other services included in the Section, such as, for oral surgeons, podiatrists and chiropractors? If Section 3 does in fact provide that insurance companies do not have to write coverage for medical services or for those services included in the Section, would the original intent to the legislation, as described in the letter of April 10, 1985, still be accomplished?

Requested by: The Honorable David L. Thomas, Senator, District No. 8

Read more...

April 30, 1985

Opinion concerning whether a search warrant is necessary to carry out the searches authorized by such provisions in Section 61-13-410 of the 1976 Code of Laws. If a warrant is not necessary, what areas can be searched without a warrant.

Requested by: The Honorable A. Victor Rawl, Member, House of Representatives

Read more...

April 29, 1985

Opinion concerning whether §40-61-140 of the 1976 CODE OF LAWS OF SOUTH CAROLINA, as amended, requires an applicant to pass the examination or merely to take it.

Requested by: Patricia A. Wright, R.S., Secretary-Treasurer, Board of Examiners for Registered Sanitarians, S.C. Dept. of Health & Environmental Control

Read more...

April 29, 1985

Opinion concerning eligibility for good behavior credits when sentenced to service of a certain number of nights incarceration in a local detention center.

Requested by: Mr. Larry Powers, Administrator, Spartanburg County Jail, Spartanburg County Courthouse

Read more...

April 29, 1985

Opinion concerning whether a private citizen is permitted to carry a nunchaku either on his person or in a vehicle. It is questioned whether the result is different depending upon whether the weapon is concealed or in plain view.

Requested by: James R. Metts, Ed. D., Sheriff of Lexington County, Lexington County Sheriff’s Department

Read more...

April 29, 1985

Opinion concerning whether the doctrine of res judicata precludes an employee [claimant] from relitigating a finding by an Industrial Commissioner in a compliance prosecution that an employer is not subject to the Worker’s Compensation Act [Act].

Requested by: Herman B. Lightsey, Jr., Director, Coverage and Compliance Division, South Carolina Industrial Commission

Read more...

April 29, 1985

Opinion concerning whether the Office of Vocational Education within the South Carolina Department of Education (Department) may disclose information concerning former vocational education students.

Requested by: Mr. Robert H. White, Executive Director, S. C. Advisory Council on Vocational and Technical Education

Read more...

April 29, 1985

Opinion concerning whether one individual may serve simultaneously as a member of a city council and as a county veterans service officer without violating the dual office holding prohibitions of the State Constitution.

Requested by: The Honorable Addison G. Wilson, Senator, District No. 23

Read more...

April 29, 1985

Opinion concerning whether holding both positions of Conway City Council and Horry County Airport Commission would violate the dual office holding provisions of the State Constitution.

Requested by: The Honorable Ralph Wilson, Member, Conway City Council

Read more...

April 29, 1985

Opinion concerning the constitutionality of an act of the General Assembly bearing ratification number 97, concerning certain changes in the governing bodies of the Union Hospital District and the Union Recreation District.

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

Read more...

April 22, 1985

Opinion concerning whether Section 23-1-15 of the 1976 Code of Laws, which permits public parking lots to be brought within police jurisdiction, authorizes a law enforcement officer to administer a breathalyzer test to an individual arrested for driving under the influence while driving in such a parking lot.

Requested by: The Honorable Ted B. Wyndham, Municipal Judge

Read more...

April 22, 1985

Opinion concerning the applicability of the Federal regulations entitled “Confidentiality of Alcohol and Drug Abuse Patient Records”, 42 CFR Part 2, to the Earle E. Morris, Jr. Alcohol and Drug Addiction Treatment Center.

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

Read more...

April 22, 1985

Opinion concerning whether § 27-17-90, which pertains to unclaimed property in the hands of public officers, applies to funds held by the Retirement System and which have not been claimed by the owners for whatever reason.

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

Read more...

April 19, 1985

Opinion concerning problems investigating drug cases that occur within the North Myrtle Beach city limits but spill over to areas outside your jurisdictional limits.

Requested by: Walter E. Floyd, Jr., Chief of Detectives, City of North Myrtle Beach, Department of Public Safety

Read more...

April 17, 1985

Opinion concerning whether two witnesses are required for powers of attorney filed in this State which have been executed either in this State or out-of-state unless such a power is “durable”, two witnesses do not appear to be required.

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

Read more...

April 17, 1985

Opinion concerning whether Greenwood County Council and the governing bodies of the municipalities in Greenwood County may enter into a contract with the Greenwood County Chamber of Commerce for the provision of services for industrial recruitment and economic development.

Requested by: Stephen D, Baggett, Esquire, Greenwood County Attorney

Read more...

April 17, 1985

Opinion concerning two questions. Does the Health and Human Services Finance Commission fall within the meaning of “any business” referred to in Section 43-1-25 of the South Carolina Code of Laws? If so, how does this affect a candidate working for a program administered by the Commission given the fact that the Commission contracts with the Department of Social Services?

Requested by: The Honorable Donald H. Holland, Member, Senate of South Carolina

Read more...

April 17, 1985

Opinion concerning Section 3 of the bill which sets forth the salaries of probate judges pursuant to the following schedule.

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

Read more...

April 17, 1985

Opinion concerning whether the Freedom of Information Act requires a public body which affirmatively decides by majority vote in executive session, not to take certain action, to ratify that decision in public.

Requested by: Mr. Donald L. Coffin, Member At –Large, Beaufort County School District Board

Read more...

April 17, 1985

Opinion concerning whether a temporary sale and consumption license issued pursuant to § 61-5-180, Code of Laws of South Carolina, 1976 (1984 Cum.Supp.) 1/ authorizes the holder of a temporary alcoholic beverage license to sell beer and wine during the hours authorized by the temporary license.

Requested by: Honorable Lisbon Barfield, Member, S. C. House of Representatives

Read more...

April 17, 1985

Opinion concerning elimination of either the Laurens Hospital District board or the Clinton Hospital District board, or the reassignment of powers and duties between the boards so that only one actually governs the consolidated district.

Requested by: The Honorable Eugene C. Stoddard, Member, House of Representatives

Read more...

April 17, 1985

Opinion concerning the interpretation of the statutes governing reimbursement of Commission members for travel expenses and subsistence.

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

Read more...

April 16, 1985

Opinion concerning whether one who would serve on the governing body of the Georgetown County Historical Commission would hold an office in the context of dual office holding.

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

Read more...

April 16, 1985

Opinion concerning the constitutionality of H. 2490 which is commonly known as a designation statute.

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

Read more...

April 16, 1985

Opinion concerning the provision of House Bill 2595 that exempts from ad valorem taxation the assessed value of a merchant’s inventory added after the 1984 tax year constitutional.

Requested by: Honorable Robert N. McLellan, Member, House of Representatives

Read more...

April 16, 1985

Opinion concerning whether or not the bill would permit teachers to allow a period of silence if they so choose, or if it would require that all teachers allow a period of silence.

Requested by: The Honorable Warren K. Giese, Member, South Carolina Senate

Read more...

April 12, 1985

Opinion concerning whether an individual convicted in 1981 of obstruction of justice would be eligible to be appointed to the office of county service officer.

Requested by: The Honorable Grady A. Brown, Member, House of Representatives

Read more...

April 12, 1985

Opinion concerning the new election regarding incorporation of St. Andrews in light of their March 19 Order that the incorporation election must be held over.

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

Read more...

April 11, 1985

Opinion concerning whether or not the Wildewood subdivision can contract with Richland County so as to receive additional law enforcement protection and services.

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

Read more...

April 11, 1985

Opinion concerning appointment powers over members of the Greenville (Downtown) Airport Commission.

Requested by: J. Brantley Phillips, Jr., Esquire, Attorney for Greenville Airport Commission, Leatherwood, Walker, Todd & Mann

Read more...

April 11, 1985

Opinion concerning whether if a county spend Class “C” funds derived from the accommodations tax to fund in whole or in part the construction of a cultural or arts center that is to be located within the geographical limits of a municipality?

Requested by: Honorable Joe W. Pearce, Jr., Mayor, City of Florence

Read more...

April 11, 1985

Opinion concerning South Carolina Research Authority and guidelines with respect to the Authority’s procurement practices and its compliance with the State Ethics Act.

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

Read more...

April 10, 1985

Opinion concerning whether the Governor or the Richland County Council would be the appropriate appointing authority for members of the Richland County Historic Preservation Commission

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

Read more...

April 10, 1985

Opinion concerning whether turkey feathers would be considered litter, so that drivers of poultry trucks from which feathers escape may be cited for violations of various sections of the Litter Control Act of 1978.

Requested by: James H. Hodges, Esquire, Lancaster County Attorney

Read more...

April 10, 1985

Opinion concerning whether liquor or beer and wine in an unsealed container may be transported in a station wagon or similar type vehicle, that contains no trunk or luggage department segregated from the passenger compartment of the vehicle.

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

Read more...

April 8, 1985

Opinion concerning whether there is potential civil liability on the part of Aiken County for the actions or omissions of the volunteer workers who assist the County’s Emergency Medical Services Department by rendering emergency medical care in conjunction with the County’s ambulance team.

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

Read more...

April 8, 1985

Opinion concerning the constitutionality of S-305.

Requested by: The Honorable George H. Bailey, Member, House of Representatives

Read more...

April 8, 1985

Opinion concerning whether the practice of ticketing employees who violate the parking policy and park in the particular lot is valid. You also asked whether there is authority for such a policy and whether the policy is valid inasmuch as it discriminates against certain employees.

Requested by: Debra Owens, Staff Attorney , City of Florence, City-County Complex

Read more...

April 8, 1985

Opinion concerning four questions. Base compensation and the setting of salaries for Una Water District Commission. The proper recording procedure for the payment of per diem and mileage for auditing purposes. Should minutes be kept of all meetings of the Una Water District Commission, formal or informal. Under the Special Purpose District Legislation set in 1955 can they change the name of the district?

Requested by: The Honorable G. Ralph Davenport, Jr., Member, House of Representatives

Read more...

April 5, 1985

Opinion concerning the validity of Ordinance No. 85-1 of the City of Kingstree.
Requested by: Wendell Brown, Esquire, Town Attorney – Town of Kingstree

Read more...

April 4, 1985

Opinion concerning whether or not a proviso in Section 16 of the proposed Appropriations Bill for 1985-86 is constitutional.

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

Read more...

April 4, 1985

Opinion concerning whether holding the above positions with the State Board of Funeral Service and the South Carolina Funeral Directors Association would constitute dual office holding so as to be prohibited.

Requested by: Thomas M. McDaniel, President, South Carolina State Board of Funeral Service

Read more...

April 3, 1985

Opinion concerning whether the General Assembly might amend Act No. 876, 1966 Acts and Joint Resolutions, to provide for either the imposition of additional millage or an impact fee.

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

Read more...

April 2, 1985

Opinion concerning whether proposed bills, S-19 and S-20, are constitutional.

Requested by: The Honorable Glenn F. McConnell, Member, South Carolina Senate

Read more...

April 1, 1985

Opinion concerning the transfer of accumulated sick leave among the various school districts of the State in accordance with the 1984 amendment to §59-1-400, 1976 CODE OF LAWS OF SOUTH CAROLINA.

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

Read more...

March 29, 1985

Opinions concerning dual office holdings. Specifically, a member of a city council is a public officer, as is a member of a city’s board of adjustment.

Requested by: Ms. Frances Wilborn , Member, Folly Beach City Council

Read more...

March 29, 1985

Opinions concerning Section 34-11-70(3), Code of Laws of South Carolina, 1976 which provides a service charge on dishonored checks and questioned whether such charge would be applicable to checks given as payments on consumer loans and consumer credit sales.

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

Read more...

March 29, 1985

Opinions concerning whether you must record a cancellation of a mortgage of real property which has allegedly been signed by the mortgagees but not the recorded assignees of the mortgage.

Requested by: The Honorable Virginia T. Hafen, Register of Mesne Conveyance

Read more...

March 27, 1985

Opinions concerning whether one person may serve concurrently as a member of the Greenville County Museum Commission and on the Board of Directors of the Governor’s School for the Arts without contravening the dual office holding provisions of the Constitution of the State of South Carolina.

Requested by: David A. Merline, Esquire, Merline & Thomas

Read more...

March 27, 1985

Opinions concerning whether a municipality and a county bordering on the Atlantic Ocean may close the beach or regulate the period during the year when traffic may be allowed on the public beach between high and low tides.

Requested by: Honorable Dick Elliott, Member, House of Representatives

Read more...

March 27, 1985

Opinions concerning the legality of South Carolina residents playing out-of-state lotteries by mail. Specifically, whether in such circumstances the individuals should be considered to be playing the lottery within this State.

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

Read more...

March 25, 1985

Opinions concerning whether the trustees to be appointed to the consolidated boards must be selected from among the trustees serving on the boards of the three (3) school districts as they existed prior to consolidation (predecessor districts) or whether the appointments may be made from the electors residing in the newly consolidated area.

Requested by: James A. Bell, Esquire, Attorney at Law

Read more...

March 25, 1985

Opinions concerning the clarification in two particulars: (1) the manner of measurement of the “three-quarter mile” distance and, (2) the application of the restriction across the borders of incorporated and unincorporated areas.

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

Read more...

March 25, 1985

Opinions concerning guidance as to when federal funds received by the Office of the Governor under federal grant programs lose their identity as federal funds for purposes of spending and matching restrictions. Also concerning at what point state funds lose their state identity for the purpose of compliance with state laws.

Requested by: Helen T. Zeigler, Special Assistant for Legal Affairs

Read more...

March 25, 1985

Opinions concerning whether the Research Authority is required to solicit bids from three law firms to provide general legal services to the Authority, and whether the Authority is required by any law to renew annually its selection of attorneys and auditing services.

Requested by: Claude Scarborough, Chairman, South Carolina Research Authority

Read more...

March 22, 1985

Opinions concerning whether a defendant who requests a jury trial can be required to post a bond in excess of the fine which could be imposed for the offense with which the defendant is charged.

Requested by: The Honorable Morris Rudnick, City Recorder – City of Jackson

Read more...

March 21, 1985

Opinions concerning the constitutionality of H. 2260, R-46, an act permitting the Slater-Marietta Fire District to employ a chief, to compensate firemen, and to increase the amount which the fire control board of the District is authorized to borrow.

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

Read more...

March 20, 1985

Opinions concerning Section 44-1-140 of the Code of Laws of South Carolina (1976) to determine whether federal laws can override this statute.

Requested by: The Honorable Charles L. Powell, Senator, District No. 4

Read more...

March 20, 1985

Opinions concerning law enforcement officers who are moonlighting or engaging in off-duty work while in uniform outside of their jurisdiction without permission from any authority within the county where they are working.

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

Read more...

March 20, 1985

Opinions concerning whether the public may use the lake for boating and fishing, or whether ownership of the waters lies with those who granted the easements so that the lake could be built.

Requested by: The Honorable Palmer Freeman, Jr., Member, House of Representatives

Read more...

March 20, 1985

Opinions concerning whether a statute may pledge the full faith, credit and resources of the political entity for the repayment of bonds. It may further direct that there be levied annually by the auditor and collected by the treasurer a tax sufficient to pay the principal and interest of such bonds as they respectively mature and create such sinking fund as may be necessary therefor. Under such statutes what action is needed by the governing body of the political entity for the tax levy?

Requested by: Honorable Betty J. Catoe, Lancaster County Auditor

Read more...

March 20, 1985

Opinions concerning the procedure for abolishing the police powers for the Gantt Fire, Sewer, and Police District of Greenville County and also about the procedure for reestablishing these same powers if desired at a later date.

Requested by: The Honorable Charles H. Rice, Member, House of Representatives

Read more...

March 19, 1985

Opinions concerning Section 59-113-10 of the Code of Laws of South Carolina (1976 as amended) , which provides for tuition assistance grants by the State to students attending “independent institutions of higher learning”, authorize the disbursal of state funds to students attending schools which operate as “for profit” corporations?

Requested by: Mr. Edward M. Shannon, III, Agency Director, Higher Education Tuition Grants Agency

Read more...

March 15, 1985

Opinions concerning the impact of the decision of the United States Supreme Court in Berkemer v. McCarty, U.S., 104 S.Ct. 3138, 82 L. Ed. 2d 317 (1984) on the practice by Cheraw City police officers of videotaping individuals charged with driving under the influence.

Requested by: James A. Spruill, III, Esquire, Griggs and Spruill

Read more...

March 15, 1985

Opinions concerning the constitutionality of a search of a dwelling house at night.

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

Read more...

March 13, 1985

Opinions concerning Section 20-7-490(c) (2) Code or Laws of South Carolina, 1976, defines “harm” to a child’s health or welfare as occurring when a parent, guardian or other person responsible for the child’s welfare “commits or allows to be committed against the child a sexual offense as defined by the laws of this State.”

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

Read more...

March 13, 1985

Opinions concerning when the phase-in required by Section 11-11-310, Code of Laws of South Carolina (1984 Cum. Supp.), is to begin.

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

Read more...

March 13, 1985

Opinions concerning whether one person may concurrently serve as a county probation officer and on the Lancaster County Board of Voter Registration and, if so, whether the individual should resign from one of the positions.

Requested by: The Honorable Caldwell T. Hinson, Senator, District No. 16

Read more...

March 12, 1985

Opinions concerning whether county registration boards are subject to the mandatory retirement age requirement as are officials of the county.

Requested by: The Honorable John W. Matthews, Jr., Senator, District No. 39

Read more...

March 12, 1985

Opinions concerning the constitutionality of proposed bill, S-109, which makes it unlawful for any person to give false information to any law enforcement officer concerning the alleged commission of any crime.

Requested by: The Honorable W. Richard Lee, Member, South Carolina Senate

Read more...

March 12, 1985

Opinions concerning the potential effect of H.2319, a bill presently in the Labor, Commerce and Industry Committee of the House of Representatives.

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

Read more...

March 11, 1985

Opinions concerning whether there are any prohibitions to the member of the County Council seeking or, if selected, accepting the position of county attendance supervisor.

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

Read more...

March 7, 1985

Opinions concerning whether the payment of interest required as a condition for the redemption of lands sold for nonpayment of taxes when the purchaser is the Forfeited Land Commission?

Requested by: Honorable William A. Watts, Berkeley County Auditor

Read more...

February 28, 1985

Opinion concerning a member of the Town Council of Santee who has left Town without giving notice or a forwarding address. Also concerning whether a position is deemed vacant if you give notice of a hearing and he does not appear at the hearing.

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

Read more...

February 28, 1985

Opinion concerning whether the Charleston Commissioners of Pilotage enjoy Parker v. Brown immunity from antitrust prosecution.

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

Read more...

February 28, 1985

Opinion concerning the tax exempt status of the bonds that the South Carolina State Education Assistance Authority issues.

Requested by: Mr. Jeff Raffensperger, Chief Institution and Lender, Certification Branch, DCPR

Read more...

February 28, 1985

Opinion concerning the hiring of legal counsel for Richland County School District I.

Requested by: William F. Able, Esquire, Richland County Attorney

Read more...

February 27,1985

Opinion concerning whether a political subdivision of the State, such as a municipal commission of public works, is permitted to invest public funds in certificates of deposit issued by a savings and loan association provided those certificates of deposit are collaterally insured in the manner prescribed by S.C. Code 6-5-10 (a) (A) , 1976 as amended?

Requested by: Ronald W. McKinney, Esquire, Edwards, Duggan , Reese and McKinney, P. A.

Read more...

February 27, 1985

Opinion concerning the proposed legislation mandating the establishment of county court libraries in light of our opinion of June 19, 1984, discussing the doubtful constitutionality of S.97, R-515 of 1984.

Requested by: The Honorable Thomas E. Smith, Jr., Senator, District No. 30

Read more...

February 27, 1985

Opinion concerning the constitutionality of H.164, R-2, an act increasing the membership and establishing the terms of the new members of the Liberty-Chesnee-Fingerville Water Commission.

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

Read more...

February 27, 1985

Opinion concerning whether R7-5D, Alcoholic Beverage Control Commission Regulation, IV is violative of either the State or Federal Constitutions.

Requested by: Honorable Isadora E. Lourie, Member of the Senate

Read more...

February 27, 1985

Opinion concerning whether it is a violation of the South Carolina Blue Laws for banks to transact business on Sunday through their automated tellers?

Requested by: Frank Powell, Sheriff, County of Richland

Read more...

February 27, 1985

Opinion concerning how many members should be appointed to standing committees of the Abbeville County Council.

Requested by: The Honorable Charles L. Powell, Senator, District No. 4

Read more...

February 26, 1985

Opinion concerning whether Taxes due on merchants’ inventory are a first lien on the inventory. A levy and sale can be made of the inventory in the hands of a purchaser. Additionally, an action may be instituted against the seller and/or the purchaser for the tax.

Requested by: Honorable Marianne Kneece, Edgefield County Tax Collector

Read more...

February 25, 1985

Opinion concerning whether §24-13-410, Code of Laws (1976), concerning the crime of escape is applicable to a child committed to the custody of the Department of Youth Services.

Requested by: The Honorable Harry W. Davis, Jr., Commissioner, South Carolina Department

Read more...

February 22, 1985

Opinion concerning whether a person who redeems property from a tax sale must pay the taxes, penalties, costs and expenses of the sale, interest at the rate provided by statute on the whole purchase price and all amounts paid by the bidder as taxes on the property

Requested by: Honorable J. Nathan Morgan, Greenville County Tax Collector

Read more...

February 22, 1985

Opinion concerning whether two witnesses are required for the affidavit filed under the authority of Section 33-42-300 of the Code of Laws of South Carolina 1976, as amended.

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

Read more...

February 22, 1985

Opinion concerning whether the Council has the authority to refuse to provide compensation for the particular position.

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

Read more...

February 21, 1985

Opinion concerning what procedure should be used to appoint new members to the McCormick County Historical Commission.

Requested by: Mr. B. F. Edmonds, Chairman, McCormick County Historical Commission

Read more...

February 21, 1985

Opinion concerning if a charter should be issued to the Town of St. Andrews in that there is some question as to the boundaries of the Town due to annexations in this area by the City of Columbia following the petition for incorporation being filed in your Office.

Requested by: John P. Stokes, Deputy, Secretary of State, Office of the Secretary of State

Read more...

February 21, 1985

Opinion asking whether the Old Ninety Six Tourism Commission would be considered a political subdivision of the State of South Carolina for the purposes of exemption from certain taxation regulations.

Requested by: Ms. Alice T. Hite, Executive Director, Old Ninety Six Tourism Commission

Read more...

February 20, 1985

Opinion concerning whether you may serve simultaneously on the Board of Adjustment for the City of Myrtle Beach and on the Horry County Board of Education.

Requested by: Mr. Barry Thigpen, Leonard Call Taylor & Associates, Inc.

Read more...

February 19, 1985

Opinion concerning if a charter should be issued to the Town of St. Andrews in that there is some question as to the boundaries of the Town due to annexations in this area by the City of Columbia following the petition for incorporation being filed in your Office.

Requested by: John P. Stokes, Deputy, Secretary of State, Office of the Secretary of State

Read more...

February 15, 1985

Opinion concerning the status of a law enforcement officer who responds to the request of another political subdivision for assistance in cases of emergency.

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

Read more...

February 15, 1985

Opinion concerning a legal dispute between the Williamsburg County Council and the County Supervisor relative to the powers of the Supervisor. Such dispute resulted in litigation.

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

Read more...

February 13, 1985

Opinion on school bus transportation. Requested by Ms. Helen T. Zeigler, Special Assistant for Legal Affairs, Office of the Governor, South Carolina. Read full opinion.

Read more...

February 12, 1985

Opinion as to the affect of certain proposed regulations promulgated pursuant to the South Carolina Modular Buildings Construction Act (Act 481 of 1984) concerning the responsibility/ for the enforcement of the standards regarding liquefied petroleum gas.

Requested by: South Carolina Building Codes Council, Budget and Control Board, Division of General Services

Read more...

February 12, 1985

Opinion concerning the affect, if any, of the recently enacted South Carolina Modular Buildings Construction Act (Act 481 of 1984) on certain aspects of the authority of the South Carolina State Fire Commission and the South Carolina State Fire Marshal.

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

Read more...

February 11, 1985

Opinion concerning specific questions raised by the denial of certiorari by the South Carolina Supreme Court. Who should call the election for the county council seat?

Requested by: H. Rawl, Jr., Esquire, Lexington County Attorney

Read more...

February 11, 1985

Opinion concerning whether accommodations tax be appropriated to a “private for profit” organization to be used by that organization in the promotion of one of its events.

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

Read more...

February 7, 1985

Opinion concerning a correction in the letter regarding compensation from Abbeville County for work on the County Election Commission

Requested by: Cole L. Strickland, Chairman, Abbeville County Election Commission

Read more...

February 7, 1985

Opinion concerning whether legislator could introduce a bill halting consolidation of Dorchester County School Districts I and III as ordered by the Dorchester County School Board.

Requested by: The Honorable George H. Bailey, Member, House of Representatives

Read more...

February 7, 1985

Opinion concerning the applicability of the nepotism statute (§ 8-5-10 of the Code) to appointments made to county boards of social services.

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

Read more...

February 6, 1985

Opinion concerning whether an individual presently serving on the Wateree District Advisory Board of Health would be required to resign from that Board if the individual should be appointed to serve on the Sumter County Election Commission.

Requested by: The Honorable Ramon Schwartz, Jr., Speaker of The House of Representatives, State of South Carolina

Read more...

February 5, 1985

Opinion concerning whether Act No. 276, 1979 Acts and Joint Resolutions, would be constitutional in light of a footnote in an earlier opinion on the Western Carolina Regional Sewer Authority which raised but did not address the question of constitutionality.

Requested by: The Honorable Thomas M. Marchant, III, Member, House of Representatives

Read more...

February 5, 1985

Opinion concerning whether a portion of § 9-9-60(2) enacted in 1979 became effective in 1979 , or whether it was effective on January 1, 1976, the effective date of the statute to which the 1979 amendment was made.

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

Read more...

February 1, 1985

Opinion concerning whether it would be legal and proper for one individual to serve concurrently as a member of the Horry-Georgetown Commission for Technical Education and as a full-time employee of Horry County as purchasing director.

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

Read more...

January 31, 1985

Opinion on whether one person would serve simultaneously on the Marlboro County Development Board and on the Technical College Board would contravene the dual office holding provisions of the Constitution of the State of South Carolina.

Requested by: Mr. Claude Driggers, Marlboro County Supervisor

Read more...

January 31, 1985

Opinions asking whether one person serving simultaneously on the Marlboro County Council and on the Marlboro County Development Board would contravene the dual office holding provisions of the Constitution of the State of South Carolina.

Requested by: Mr. Claude Driggers, Marlboro County Supervisor

Read more...

January 29, 1985

Opinions concerning whether the members of the Commission of Pilotage for the Port of Charleston are being properly appointed.

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

Read more...

January 29, 1985

Opinions concerning whether the exemption contained therein applies to all – farm trailers not for hire or to merely those farm trailers weighing less than 2,500 pounds empty.

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

Read more...

January 28, 1985

Opinions concerning the propriety of city police officers making “drug purchases outside the city limits.”

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

Read more...

January 28, 1985

Opinions concerning two questions. Under subsection(a) , is the statement ‘the test shall be administered at the direction of a law enforcement officer who # has apprehended a person while driving a motor vehicle upon the public highways of this State while under the influence of intoxicating liquor, ‘ considered to be a mandate that a chemical test to determine the alcoholic content of blood must necessarily be given? When a person who has been arrested for DUI does not request a chemical test and is not given one by the arresting officer, must the trial officer render a directed verdict of acquittal?

Requested by: Osborne L. Morris, Chief of Police, Moncks Corner Police Department

Read more...

Return to top

Schedule a Tour or Visit

Welcome to the on-line office for Attorney General Alan Wilson. Please visit the Contact Us page to stay in touch. Schedule a tour or visit.

image description
Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

Room 519 | Columbia, S.C. 29201

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

Back to top