1986 Opinions

December 22, 1986

Opinion concerning the legality of the practice that the City of Summerville has instituted which is a policy of not providing fire protection services to certain property immediately contiguous to the City’s limits unless the owners of the property agree to be annexed into the City.

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

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December 19, 1986

Opinion concerning whether provisions of R.612, §4, Acts and Joint Resolutions, 1986 are controlling with respect to §59-19-315 of the Code of Laws of South Carolina, 1976, as amended in 1985.

Requested by: The Honorable C. Alex Harvin, III, The Majority Leader, South Carolina House of Representatives

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December 18, 1986

Opinion concerning whether a law enforcement agency can use an underage undercover agent to purchase alcoholic beverages for the purpose of obtaining convictions for the sale of alcoholic beverages to underage individuals.

Requested by: Frank Powell, Sheriff, County of Richland

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December 18, 1986

Opinion concerning the eligibility of military personnel for in-state tuition rates for attendance at public institutions of higher education.

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

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December 17, 1986

Opinion concerning Opinion No. 84-59 of this Office, which construed Section 40-15-130, Code of Laws of South Carolina (1976), and concluded that the prohibition against the use of trade names in the practice of dentistry is lawful.

Requested by: The Honorable Jackson V. Gregory, Member, House of Representatives and State Reorganization Commission

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December 16, 1986

Opinion concerning whether Dorchester County Council has the authority to delete reimbursement for travel and subsistence from the 1986-1987 budget for the Dorchester County Board of Education.

Requested by: The Honorable George H. Bailey, Dorchester County Legislative Delegation

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December 15, 1986

Opinion concerning if a County Treasurer required to apply a
property tax payment to the oldest delinquency of the payor?

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

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December 12, 1986

Opinion concerning the authority of a county council to reduce the salary of a magistrate appointed to complete the unexpired term of a deceased magistrate.

Requested by: The Honorable William S. Branton, Jr., Member, South Carolina Senate

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December 12, 1986

Opinion concerning whether a clerk of court can docket and enroll a transcript of a final judgment that was rendered in a United States District Court outside of South Carolina if the judgment has been registered in the United States District Court for South Carolina pursuant to 28 U.S.C. §1963.

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

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December 12, 1986

Opinion concerning whether an individual may serve concurrently as the Charleston County Veterans Affairs Officer and as a member of the Charleston County Board of Social Services.

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

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December 10, 1986

Opinion concerning the propriety of the District hiring the son of the District’s Superintendent of Education as an agriculture teacher for a high school within the District.

Requested by: George P. Sullivan, Esquire

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December 10, 1986

Opinion concerning microfilming records including whether records may be removed from the Clerk of Court’s Office for microfilming by another county office.

Requested by: The Honorable Billie Richardson, Clerk of Court, Horry County

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December 9, 1986

Opinion on scheduling of special elections to fill vacancies in three senate seats. Requested by The Honorable Michael R. Daniel, Lieutenant Governor, South Carolina. Read full opinion.

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December 3, 1986

Opinion concerning whether existing statutes authorize the Department of Parole and Community Corrections to fund the construction of a 60-bed Midlands Restitution Center.

Requested by: The Honorable Horace C. Smith, Member, South Carolina Senate

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December 2, 1986

Opinion concerning the procedure for setting magistrates’ salaries in this State.

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

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December 2, 1986

Opinion concerning special elections that must be held to fill three vacancies in the Senate which will have resulted from three Senators having been elected to other offices.

Requested by: The Honorable Michael R. Daniel, Lieutenant Governor

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December 1, 1986

Opinion concerning whether South Carolina’s Constitution contains an express prohibition against horse racing and parimutuel betting.

Requested by: The Honorable Ryan C. Shealy, Senate District # 24

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December 1, 1986

Opinion concerning whether the opinion’s conclusion inferentially precludes the Commission from delegation to a deputy commissioner the responsibility of conducting hearings and holding informal fact finding conferences.

Requested by: Mr. Michael Grant LeFever, Executive Director, Workers’ Compensation Commission

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December 1, 1986

Opinion concerning two questions. Can a county council legislate, create, or establish another (new) petition law which has not been specifically legislated by the General Assembly under the Home Rule Act, Title 4 of the Code of Laws of South Carolina (1976, as amended)? Can a county council enact (adopt) county ordinances to amend existing petition laws which have been legislated and enacted by the General Assembly under the Home Rule Act?

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

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November 25, 1986

Opinion concerning whether the City of Laurens convey the property for less than fair market value to Wal-Mart, in effect donating the property for industrial development? Also, whether the Laurens City Council amend the ordinance proposing to convey the land upon second reading? Or, if the consideration to be paid by Wal-Mart is to be amended, must the ordinance adoption procedure begin again?

Requested by: The Honorable Bob Dominick, Mayor, City of Laurens

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November 21, 1986

Opinion concerning two questions. Does the Old Fort Fire District have the authority to tax property in its district when such property has subsequently been annexed by the town of Summerville? Should the county value annexed property for tax purposes at its value as it existed at the time of annexation or should such property be valued at its actual value?

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

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November 20, 1986

Opinion concerning whether the recent amendment (Act 437 of 1986) to Section 40-21-350, South Carolina Code of Laws (1976), authorizing the Board to levy a civil fine against a license found guilty of a violation of Section 40-21-340, can be applied retroactively to violations occurring prior to the effective date of the amendment, i.e., May 26, 1986.

Requested by: Dr. B. L. Baker, P.E., Chairman, South Carolina State Board of, Registration for Professional, Engineers and Land Surveyors

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November 20, 1986

Opinion concerning a company organized under the laws of the State of Delaware may become a South Carolina bank holding company and may acquire a South Carolina bank.

Requested by: Robert C. Cleveland, Commissioner of Banking

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November 18, 1986

Opinion concerning whether an individual may serve concurrently on the governing board of the North Charleston Housing Authority and on the Charleston County Aviation Authority without violating the dual office holding prohibitions of the State Constitution.

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

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November 18, 1986

Opinion concerning the lease between The South Carolina State Budget and Control Board (“Tenant”) and Wade Hampton Associates (“Lessor”) dated June 25, 1985.

Requested by: The Honorable Joe Wilson, State Senator

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November 13, 1986

Opinion concerning the legality of the tax that is collected to constitute a part of the county road fund.

Requested by: W. C. Coffey, Jr., Esquire, City Attorney of Manning

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November 13, 1986

Opinion concerning whether a deputy sheriff must execute all evictions where the tenant refuses to vacate.

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

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November 13, 1986

Opinion concerning whether the Marion County Board of Education (County Board) has the authority to operate the various school districts in Marion County.

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

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November 13, 1986

Opinion concerning whether the General Assembly, by passage of a regulation, delegate to a State agency the authority to establish a fee schedule and grant by such regulation the authority to the governing board of the agency to set and approve the amount of the fees?

Requested by: The Honorable Glenn F. McConnell, Senator, District No. 41

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November 12, 1986

Opinion concerning if an officer must remain with an individual he has transported to a mental health facility until the individual has been examined or is the officer’s obligation complete when the individual is delivered to mental health officials. Also concerning whether a mental health order must be executed as soon as it is received.

Requested by: John S. Willis, Chief of Police, Clover Police Department, Town of Clover

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November 10, 1986

Opinion concerning the interpretation of Section 28-11-10 of the Code of Laws of South Carolina (1976).

Requested by: Ladson F. Howell, Esquire, Beaufort County Attorney

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November 10, 1986

Opinion concerning the number of choices which may be placed on the ballot for consideration by the electorate when changes are contemplated in the form of government, number of council members, or method of election of Barnwell County Council.

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

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November 10, 1986

Opinion concerning the application of Section 23-11-50 of the Code. This provision requires that where a coroner acts as sheriff in a vacancy situation, he is entitled to the fees and emoluments of the sheriff.

Requested by: Frank Harrison, Esquire, McCormick County Attorney

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November 5, 1986

Opinion asking whether certain programs, agencies, or entities were required to be continued since the federal law and federal funding have been sunsetted.

Requested by: Jody Greenstone, Legal Counsel, Office of the Governor

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October 31, 1986

Opinion concerning two questions. Would State ownership allow us to prohibit out-of-state wastes from being shipped into South Carolina? Would we be able to exclude Superfund wastes?

Requested by: The Honorable Phil P. Leventis, Member, South Carolina Senate

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October 29, 1986

Opinion concerning whether the Budget & Control Board, whose permit program is administered by the Water Resources Commission pursuant to R19-450, may authorize (permit) the blockage of a natural, navigable watercourse under the facts set forth below.

Requested by: Mr. Jeffrey F. Havel, Water Resources Commission

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October 29, 1986

Opinion concerning Modular Buildings Construction Act (Section 23-43-10, et seq., of the 1976 Code, as amended) .

Requested by: Mr. James M. Herring, City Attorney, Herring & Meyer, P.A., Attorneys at Law

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October 29, 1986

Opinion concerning a bill similar to H.3202, which is planned to be introduced by you during the next legislative year. In summary, H.3202 amends Section 44-41-70 of the Code by requiring the Department of Health and Environmental Control to “promulgate and enforce regulations” for the furnishing of proof of age before an abortion is performed and proof of required relationship whenever consent for performance of an abortion is given for a person under sixteen years of age as provided for in Section 44-41-30. The proposed bill further provides that violation of such regulations by any hospital or other facility may subject such entity to decertification by DHEC and is a misdemeanor punishable by a $2000 fine or imprisonment for two years or both.

Requested by: The Honorable Robert W. Hayes, Jr., Member, House of Representatives

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October 28, 1986

Opinion concerning the procedure which Western Carolina Water and Sewer Authority should follow in selling certain real property.

Requested by: Leo H. Hill, Esquire

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October 27, 1986

Opinion concerning whether the Tax Commission authorized to charge interest on sales tax payments or estimated sales tax payments made after the due date of such payments but prior to the expiration of an extension granted for making such payments?

Requested by: Mr. Otis Rawl , Jr., Tax Research Supervisor

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October 24, 1986

Opinion concerning two questions. Would a deputy fire marshall have the same authority as a fire marshall to investigate suspicious fires? Would the individual in question, if so employed, be able to retain her present certification as a law enforcement officer (i.e., constable’s commission)?

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

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October 21, 1986

Opinion concerning how the boundaries of the Hartsville Community Center Building Commission (hereafter, “Commission”) may be enlarged. In addition, there is any inquiry as to the Commission’s authority to own and operate the Hartsville Museum and whether general legislation may be necessary to give such authority to the Commission.

Requested by: The Honorable Edward E. Saleeby, Senator, District No. 10

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October 21, 1986

Opinion concerning whether an individual who is employed as chief of police by one municipality may also be employed by a second municipality as a “regular police officer.”

Requested by: K. H. Simmons, Town Administrator, Town of Varnville

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October 21, 1986

Opinion concerning the Commission’s authority to approve physicians’ fees for medical services performed in states other than South Carolina.

Requested by: The Honorable John R. Tally, Commissioner, South Carolina Worker’s Compensation Commission

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October 16, 1986

Opinion concerning whether the fees collected for this license would be retained by SLED or deposited into the General Fund and whether they were non-refundable; second, whether the statute would allow an individual in possession of a Pistol Collector’s License to purchase more than one pistol within a thirty day period; and third, for guidance as to regulations to be enacted by SLED defining bona fide collectors of pistols. An opinion concerning present State law limits a person to the purchase of one pistol per 30 day period, with certain exceptions. And also an opinion concerning guidelines as to regulations regarding what would constitute a bona fide collector of pistols.

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

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October 16, 1986

Opinion concerning whether a political subdivision such as a county could require a publicly-owned entity or public agency to turn over its profits or other monies to the political subdivision to be used for budgetary purposes.

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

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October 16, 1986

Opinion concerning whether State statutory procedures providing for the ejectment of tenants, Sections 27-37-10 et seq. of the Code, are applicable to hotel or motel customers.

Requested by: The Honorable Olin I. Blanton, Jr., Horry County Magistrate

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October 16, 1986

Opinion concerning whether it would be permissible for a school (that is, a privately operated beauty school, licensed by the State Board of Cosmetology) to require students enrolled in the school’s manicuring and/or esthetics courses to be contracted for hours in excess of the minimum hours required for licensure.

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

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October 15, 1986

Opinion concerning two questions. Did the Omnibus Criminal Justice Improvements Act of 1986 affect voluntary work programs for county correctional facilities established pursuant to § 24-13-235, CODE OF LAWS (1976). Who is responsible for the transportation of unsentenced prisoners from a county correctional facility operated by county council to the South Carolina Department of Mental Health when ordered by the circuit court?

Requested by: Mr. Jerry A. Hyatt, Director, Sumter County Correctional Center

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October 15, 1986

Opinion concerning Section 30-4-20(a), Code of Laws of South Carolina (1985 Cum. Supp.), specifically includes the South Carolina Public Service Authority within the definition of the term “public body.” Clearly, then, that entity is subject to the Freedom of Information Act, except as the various exemptions may apply.

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

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October 14, 1986

Opinion concerning the legality of a licensed pharmacist dispensing contact lenses based upon a prescription written by a licensed physician (ophthalmologist).

Requested by: Theron C. Smith, III, O. D., President, South Carolina Board of Examiners in Optometry; and C. Douglas Chavous, Executive Secreatary, South Carolina Board of Pharmacy

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October 14, 1986

Opinion concerning whether § 20-7-1315, 1976 Code of Laws as amended, empowers Family Courts to issue orders which, if complied with by the Employment Security Commission, could result in the Commission’s being declared out of conformity with federal unemployment law.

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

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October 14, 1986

Opinion on whether the judicial department is authorized to expend the special fund provided in Item VII, Section 4, Part I of Act 540. Requested by Mr. Larry W. Propes, Deputy Director, South Carolina Court Administration. Read full opinion.

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October 10, 1986

Opinion concerning charges for hospital services for workers’ compensation patients. Specifically, the Commission’s concern relates to its authority to prescribe by regulation a fee schedule for the approval of hospital charges.

Requested by: The Honorable John R. Tally, Commissioner, South Carolina Worker’s Compensation Commission

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October 10, 1986

Opinion concerning the approval of the change from at large to single member districts and the actual districting plan; however, they have not yet approved the proposed procedure to implement the plan.

Requested by: William H. Burkhalter, Jr., Esquire

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October 9, 1986

Opinion concerning the applicability of various sections of the South Carolina Code to the administration of the Fire Fighters Pension Fund Plan of the City of Spartanburg.

Requested by: T. E. Walsh, Esquire, Spartanburg City Attorney

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October 9, 1986

Opinion concerning various Aspects of the Omnibus Criminal Justice Improvement Act of 1986 No. 2362

Requested by: Honorable William D. Leeke, Commissioner, South Carolina Department of Corrections

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October 9, 1986

Opinion concerning the procedures to be followed to nominate a replacement candidate for the late Representative Mangum.

Requested by: The Honorable Caldwell T. Hinson, The Senate of South Carolina

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October 8, 1986

Opinion concerning whether a school district may provide teachers not meeting the pay increase criteria under §59-20-50 (4) (b) with locally funded salary increases which equal adjustments in the State’s minimum salary schedule.

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

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October 8, 1986

Opinion concerning of criminal trespass, may be used by law enforcement personnel or businesses in a shopping mall to prevent individuals from loitering or congregating in the parking area of the mall.

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

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October 7, 1986

Opinion concerning whether you have the authority to sign an order for immediate possession of a mobile home under Section 15-69-50 of the CODE OF LAWS OF SOUTH CAROLINA, 1976.

Requested by: Honorable James I. Davis, Clerk of Court, Lee County

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October 6, 1986

Opinion concerning whether or not an individual who is licensed pursuant to Sections 38-63-10 et seq. of the Code as a runner for a bail bondsman must also be licensed pursuant to Section 40-17-10 et seq. of the Code as a private detective.

Requested by: Lieutenant Patricia N. Murphy, Supervisor, Regulatory Services, South Carolina Law Enforcement Division

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October 6, 1986

Opinion concerning whether, inasmuch as you are serving both as coroner and as sheriff in McCormick County, you are entitled to receive the salaries and benefits currently budgeted by the County for both positions.

Requested by: Jack Keown, Sheriff, County of McCormick

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October 6, 1986

Opinion concerning two questions. Can federal funds received under the auspices of the Child Support Enforcement Act be paid directly by the Department of Social Services to the county clerks of court? In the alternative, can payment be made on the stipulation that all such funds must be designated for use by the clerks of court?

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

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October 3, 1986

Opinion concerning the re-examination of this Office’s conclusion of an opinion dated February 20, 1986.

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

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October 1, 1986

Opinion concerning whether the exemptions afforded new manufacturing establishments or certain additions to, existing manufacturing establishments from county property taxation include taxes levied to pay bond debt of the Union Hospital District?

Requested by: William E. Whitney, Jr., Esquire, Attorney for the Union Hospital District

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October 1, 1986

Opinion concerning whether physical therapists may accept patient referrals from physicians and dentists who are licensed in and practicing in states other than South Carolina; due to strict interpretation of language similar to the South Carolina statute by courts in some jurisdictions, however, this conclusion cannot be free from doubt.

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

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October 1, 1986

Opinion concerning whether the judicial department is authorized to expend the special fund provided in Item VII, Section 4, Part I of Act 540 of 1986 (Appropriations Act) for payment of commitment expenses associated with the commitment of alcohol and drug addicts.

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

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October 1, 1986

Opinion concerning the South Carolina Human Affairs Commission’s (SHAC) position that limiting “give-away” promotions in the time-share business on the basis of age is unlawful under South Carolina law when doing so adversely affects persons who are at least 40 but less than 70 years of age.

Requested by: The Honorable James E. Clyburn, Commissioner, South Carolina Human Affairs Commission

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September 30, 1986

Opinion concerning political subdivision (the State or a city or county) using profits generated by a publicly-owned entity or public agency or requesting that the entity or agency turn over monies to the political subdivision to be used for budgetary purposes.

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

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September 29, 1986

Opinion concerning a state representative that is having a fundraiser to raise money for personal legal fees. The question was whether he needs to report such activity to the House Ethics Committee and if so, how should it be reported?

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

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September 29, 1986

Opinion concerning the power of the Wildlife Department to exclude individual hunters or fishermen from certain canals which run through the Department’s impounded rice fields at Santee Coastal Reserve and South island. These fields were conveyed to the Department by private individuals.

Requested by: James A. Quinn, Esquire, Deputy Chief Counsel, South Carolina Wildlife and Marine Resources Department

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September 29, 1986

Opinion concerning a state representative that is having a fundraiser to raise money for personal legal fees. The question was whether he needs to report such activity to the House Ethics Committee and if so, how should it be reported?

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

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September 26, 1986

Opinion concerning payments to member s of the Winthrop College Board of Trustees for compensation and reimbursement of expenses.

Requested by: Teresa Justice, Internal Auditor, Winthrop College

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September 26, 1986

Opinion concerning whether requirements of Act No. 515, 1971 Acts and Joint Resolutions, pertaining to approval of Lexington County Hospital’s budget requisition by the Lexington County Delegation, are still valid after the advent of home rule.

Requested by: Ernest J. Nauful, Jr., Esquire

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September 26, 1986

September 26, 1986: Opinion concerning whether an individual may serve concurrently as the greenwood County Veterans Affairs Officer and as a member of the Greenwood School District 50 Board of Trustees without contravening the dual office holding prohibitions of the State Constitution.

Requested by: The Honorable James C. Johnson, Member, House of Representatives

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September 24, 1986

Opinion concerning “whether or not a municipality can annex a river or creek where no property on either side of the creek is within the Municipality’s boundaries, but where the property at the mouths of the river are within the municipality’s boundaries.”

Requested by: The Honorable Curtis B. Inabinett, Mayor; Betty L. Gainey, Clerk of Council, Town of Ravenel, c/o Bruce A. Berlinsky, Esquire, Attorney at Law

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September 23, 1986

Opinion concerning whether you, as Union County Treasurer, may employ you niece in the Treasurer’s office without violating the state’s nepotism law.

Requested by: The Honorable James W. Cheek, Treasurer of Union County

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September 23, 1986

Opinion concerning whether the Dorchester County School Board is required by Act No. 536, 1986 Acts and Join Resolutions, to appoint the executive committee required by the Act before receiving notice from the United States Department of Justice that the Act has received preclearance under the Voting Rights Act of 1965, as amended.

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

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September 22, 1986

Opinion concerning whether the Freedom of Information Act (FOIA) requires SLED to either disclose or not disclose investigative reports prepared by that agency regarding alleged criminal violations.

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

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September 22, 1986

Opinion concerning the effective date for the new rate of subsistence to be paid to members of the General Assembly.

Requested by: The Honorable Lois T. Shealy, Clerk of the House of Representatives

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September 19, 1986

Opinion concerning whether a state agency may lease state property to private individuals and then refuse to release the names and locations of the individuals and property under the Freedom of Information Act.

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

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September 18, 1986

Opinion concerning the law requirements that a state political party must convene its biennial convention in Columbia. The question is whether, upon reconvening of such a convention, the reconvened meeting must be held in Columbia.

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

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September 18, 1986

Opinion concerning who has jurisdiction over the High Education Commission. Who has the authority to set the millage for the Higher Education Commission’s endeavors with the Coastal Carolina campus of the University of South Carolina? If the County Council or the Legislative Delegation sets the millage, would it constitute dual taxation in that the college is a state supported school, or would it come under the umbrella of the statute that allows taxation for public and technical schools?

Requested by: The Honorable Liston D. Barfield, Member, House of Representatives

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September 18, 1986

Opinion concerning whether an individual who would serve simultaneously on the Chester County Board of Fire Control and as a commissioner for the Chester Soil and Water Conservation District would contravene the dual office holding prohibitions of the Constitution of the State of South Carolina.

Requested by: John W. Parris, Executive Director, Land Resources Conservation Commission

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September 17, 1986

Opinion concerning whether you may use funds raised in association with your campaign for re-election to the State House of Representatives to pay for having a truck owned by you painted and to pay the insurance on the truck. It was specifically stated that the old pick-up truck was used for campaigning about ninety-five percent of the time.

Requested by: The Honorable Liston D. Barfield, Member, House of Representatives

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September 15, 1986

Opinion asking whether an individual residing in one school area (Buford area) but teaching in another area (Lancaster area) would be eligible for election to the board of school trustees of the area of her residence (Buford area).

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

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September 15, 1986

Opinion questioning the validity of an ordinance enacted by the Dillon County Council in 1985.

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

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September 12, 1986

Opinion as to whether the County of Orangeburg (County) may cease providing funding for the Orangeburg County Board of Education (County Board).

Requested by: Herman E. Cain, Superintendent, Holly Hill School, District No. 3

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September 11, 1986

Opinion asking does the granting of the extension limit or extend the period of time in which the property may be redeemed from the tax sale. And is the Tax Collector required to state the redemption period in the notice and advertisement of the sale.

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

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September 9, 1986

Opinion concerning the authority of the City of Isle of Palms to ban swimming, fishing and wading in Breach Inlet below the low water mark.

Requested by: Donald Williams, Esquire, City Attorney, City of Isle of Palms

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September 9, 1986

Opinion concerning the constitutionality of Act 611, Acts and Joint Resolutions of South Carolina, 1984. This law provides in part that “…merger or alteration of the boundaries within Richland County of the school districts situated in whole or in part in Richland County may be accomplished only by a majority vote approving the merger or the altered boundary lines by the members of the Richland County Legislative Delegation elected and serving at the time of the vote.”

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

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September 9, 1986

Opinion concerning whether the ordinances of the City of Greenwood or the laws of the State of South Carolina require that receipts accompany Travel Payment Vouchers signed by the Mayor, City Council members, or City Manager of Greenwood for reimbursement of expenses incurred within the performance of their official duties.

Requested by: William K. Charles, III, Esquire, Greenwood City Attorney

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September 9, 1986

Opinion concerning the application of several provisions of the recently enacted comprehensive Tort Claims Act [Section 15-78-10, et. seq. of the Code of Laws of South Carolina, 1976 (as amended by R514 of 1986)].

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

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September 8, 1986

Opinion concerning whether a magistrate has the authority to dismiss a fraudulent check case within the jurisdiction of the court of general sessions.

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

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September 8, 1986

Opinion concerning clarification of Section 23-1-15 of the Code which states: (a)ny real property which is used as a parking lot and is open to use by the public for motor vehicle traffic shall be within the police jurisdiction with regard to the unlawful operation of motor vehicles in such parking lot.

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

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September 4, 1986

Opinion concerning the authority which Allendale County Council might now have to alter the terms and number of members of the Allendale County Hospital Board.

Requested by: Thomas O. Lawton, Jr., Esquire, Allendale County Attorney

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September 4, 1986

Opinion concerning the definition of “administrative expenses” under Section 155 of P.L. 97-377 (the Warner Amendment) and Department of Energy Ruling 1983-1, and under what conditions, if any, Warner Amendment Funds (Oil Overcharge Funds) may be used for pertinent administrative or direct program expenses in this State.

Requested by: The Honorable T.W. Edwards, Jr., Chairman, Joint Legislative Committee on Energy

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August 29, 1986

Opinion concerning the city streets run through the Columbia College campus, and at times when college is in session, according to Chief Wilbur, individuals will park on the street adjacent to the dormitories and shout obscenities to the student that reside therein. Specifically, do hired campus guards and security officers have the power and authority to arrest persons violating or charged with violating any criminal statutes of this State, on aforementioned property.

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

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August 28, 1986

Opinion proposing several questions regarding Anderson County that will be placed on the general election ballot. These are referendum questions that would change the form of government, term and method of election.

Requested by: Michael F. Mullinax, Esquire

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August 27, 1986

Opinion as to the status of this local legislation, in light of adoption of the Home Rule Act (Act No. 283, 1975 Acts and Joint Resolutions) and several ordinances pertaining to the Hospital adopted by Lexington County Council following the Home Rule Act. Specifically, whether the Board of Trustees must still carry out the requisition of Act No. 515 of 1971 and, if so, whether the required approval would come from the Lexington County Councilor Lexington County Legislative Delegation.

Requested by: Ernest J. Nauful, Jr., Esquire

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August 27, 1986

Opinion questioning whether the State Ethics Act, Sections 8-13-10 et. seq. of the Code, would prohibit you, a state representative, from soliciting state employees as an insurance agent.

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

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August 27, 1986

Opinion questioning whether there is any authority for the expungement of records for individuals who have been pardoned or for individuals who have not been pardoned but where, as described by you, the ends of justice would be served by expungement.

Requested by: Jim Dunn, Solicitor, Office of the Solicitor, Fifteenth Judicial Circuit

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August 25, 1986

Opinion concerning the U.S. Department of Justice has precleared the Act bearing ratification number 350 which concerns the election of Richland County School District Trustees. You have inquired as to the correct procedure for receiving candidate filings and conducting this election. This question has arisen due to a possible conflict in the provisions of Act No. 344 of 1986.

Requested by: The Honorable Senator John E. Courson, Richland County Legislative Delegation; The Honorable Representative Jean Hoefer Toal, Richland County Legislative Delegation; and The Honorable C.Heyward Belser, Chairman, Richland County Election Commission

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August 22, 1986

Opinion regarding the custody and disbursement of school funds. Specifically, custody and disbursement authority over such funds including those held for bond debt retirement.

Requested by: Honorable Samuel R. Wooten, Superintendent, The School District of Edgefield County

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August 22, 1986

Opinion concerning the Environmental Protection Agency (EPA) promulgating an interim final rule to amend the financial responsibility requirements concerning liability coverage for owners and operators of hazardous waste treatment, storage, and disposal facilities. This proposed amendment will allow the use of a parent corporate guarantee as an additional financial responsibility mechanism for owners or operators to comply with the third-party liability requirements in the federal Resource Conservation and Recovery Act (RCRA), 40 CFR 264.147 and 265.147. Specifically, as to whether such a guarantee is fully valid and enforceable in South Carolina by third parties who are injured by accidents arising from the operation of a particular facility covered by the guarantee.
Requested by: Bruce Weddle, Director, Permits and State Programs Division (WH-563), Office of Solid Waste, Environmental Protection Agency

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August 22, 1986

Opinion questioning whether the Town of Duncan may amend its ordinance to authorize a mail carrier to drive upon the sidewalk as necessary.

Requested by: Robert L. Stoddard, Esquire, Duncan Town Attorney

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August 20, 1986

Opinion questioning the procedure to be followed in selecting juries for a case tried in the Municipal Court.

Requested by: Vivian B. Wardlaw, Clerk of Court, Liberty Police Department

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August 20, 1986

Opinion as to whether the definition of hazardous waste contained in the South Carolina Hazardous Waste Management Act and the federal Resource Conservation and Recovery Act are substantially equivalent.

Requested by: Walton J. McLeod, III, General Counsel, South Carolina Department of Health and Environmental Control

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August 20, 1986

Opinion asking whether guardian fees earned by a probate judge for service as a public guardian should be retained by the probate judge or paid into the general fund of the county.

Requested by: C. Gordon McBride, Esquire, County Attorney

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August 20, 1986

Opinion concerning when the term of office of the Executive Director of the State Fund begins and ends.

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

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August 18, 1986

Opinion asking may county funds be invested in a certificate of deposit that is collaterally secured by the bonds or debentures of a federal home loan bank? And is the County Treasurer the proper party to hold securities used to secure a certificate of deposit purchased with county funds?

Requested by: Honorable Pickens Williams, Jr., Barnwell County Treasurer

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August 18, 1986

Opinion concerning Richland County placing on the ballot a referendum on pornography.

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

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August 13, 1986

Opinion asking whether one person may serve simultaneously on the Dorchester County Board of Social Services and as a magistrate without violating the dual office holding provisions of the State Constitution and whether any conflict of interest could arise by an individual so serving in both capacities.

Requested by: The Honorable William S. Branton, Jr., Senator, District No. 38

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August 12, 1986

Opinion regarding what constitutes solicitation pursuant to Section 38-63- 180(f) of the Code.

Requested by: The Honorable John G. Richards, Chief Insurance Commissioner, Department of Insurance

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August 11, 1986

Opinion asking what is the meaning of the exemptions in §40-57-40 Code?

Requested by: Mark R. Stauffer, Esquire, General Counsel, South Carolina Real Estate Commission

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August 11, 1986

Opinion regarding a school district issued bonds to finance the construction of a high school. The remainder due on the bonds is $6.08 million dollars. The present balance in the sinking fund for payment of the bonded debt is $431,000. It is contended that the amount of the sinking fund is excessive. The question is whether the same is excessive?

Requested by: The Honorable Margaret D. Jackson, Clarendon County Treasurer

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August 8, 1986

Opinion regarding the effect of the following provision of the Education Improvement Act (EIA) on the salaries of teachers who fail to meet the statute’s criteria for salary increases (Section 59-20-50(4)(b) as amended by Act 512, Part 11, Section 9, Division 2, 1984). Specifically, as to whether this provision prohibits the following increases in salaries for teachers who do not meet one of the criteria set forth in the statute.

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

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August 8, 1986

Opinion concerning the interpretation of a proviso contained in §16 of the 1986-87 appropriation act. It was specifically asked: “When the appropriated amount, the amount appearing on the detail line, for an agency head’s salary exceeds the midpoint of the range established by the [Executive Salary and Performance Evaluation] Commission, what is the maximum amount a newly hired agency head may be paid?”

Requested by: R. Kenneth Harrill, Compensation Section, Division of Human Resource Management

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August 8, 1986

August 8, 1986: Opinion concerning the most appropriate manner in which to proceed in view of conflicting state and federal laws governing periodic review of children in foster care.

Requested by: Ms. Joyce Cheeks, Staff Counsel, Children’s Foster Care, Review Board System

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August 8, 1986

Opinion concerning what authority or position the Cosmetology Board should take with regard to the Physical Fitness Services Act [the Act], §44-79-10, et seq., of the Code of Laws of South Carolina, 1976, as amended, to the extent that the Act relates to tanning booths or centers.

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

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August 7, 1986

Opinion concerning whether the Commissioner of the South Carolina Department of Corrections has the power to enter into contracts specifically in the area of providing medical care for inmates in the Coastal Region.

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

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August 6, 1986

Opinion questioning whether a county council can set the fee for a marriage license where there is no special legislation authorizing such action by the council. Additionally, it was questioned whether in the absence of any such local legislation, is the fee limited to one dollar?

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

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August 6, 1986

Opinion regarding the procedure for electing members of the governing body of the Capital View Fire Protection District.

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

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August 5, 1986

Opinion as to whether, under the Education Improvement Act (EIA) , school districts must increase the local financial effort per pupil for noncapital programs (local effort) regardless of the growth in local revenue per mill and, if necessary, increase the tax millage regardless of the school districts’ fiscal independence.

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

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August 5, 1986

Opinion concerning the validity of lease-purchase agreements for school buildings.

Requested by: The Honorable Representative Charles R. Sharpe

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August 5, 1986

Opinion concerning the constitutionality of legislation that would require any foreign student to pay the full costs of obtaining his education while attending any institution of higher learning in South Carolina.
Requested by: The Honorable Mickey Burriss, Member, House of Representatives

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August 5, 1986

Opinion concerning the effect of H. 3942 upon Section 12-35-1557 of the Code. Specifically, whether Section 12-35-1557 remains applicable to Florence School District No. 1 in light of a subsequent local law enacted by the General Assembly in the recently concluded session.

Requested by: D. Laurence McIntosh, Esquire

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August 4, 1986

Opinion concerning whether an employee of Richland County can serve as a poll manager in a general election on property owned by the county.
Requested by: The Honorable Senator Isadore E. Lourie; and The Honorable Representative James Faber

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August 4, 1986

Opinion asking whether a mayor and/or councilman may serve on a city council and also be employed concurrently by the municipality. And whether a mayor and/or councilman may serve on a city council concurrently with his or her spouse being employed by the municipality.
Requested by: Robert C. Lake, Jr., Esquire

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August 4, 1986

Opinion as to whether certain mental retardation facilities would qualify for bond funds under the provisions of §44-7-1410, et seq., South Carolina Code of Laws, 1976, as amended, referred to as the “Hospital Revenue Bond Act.”
Requested by: The Honorable Representative Marion P. Carnell, Second Vice Chairman, Ways and Means Committee, House of Representatives

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August 1, 1986

Opinion concerning an agreement entered into between Florence County and Cane Creek Farms and High Hill Corporation and opine as to the use of public funds (“C” funds) for the paving of roads in a project of this nature.
Requested by: The Honorable D. M. McEachin, Jr., Member, House of Representatives

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August 1, 1986

Opinion asking as to whether the State Board of Cosmetology has the authority to license mobile cosmetological units.
Requested by: Ms. Doris Brantley, Executive Secretary, State Board of Cosmetology

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July 31, 1986

Opinion concerning the proper procedure for disposing of guns confiscated by the Cheraw Police Department.

Requested by: C. Anthony Harris, Jr., Esquire, Cheraw Town Attorney

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July 30, 1986

Opinion concerning whether school districts must comply with any of the pupil-teacher ratios specified in the Education Improvement Act at Section 59-29-200 of the Code of Laws of South Carolina, 1976, including, in particular, the 30-1 ratio. Act 512, Part II §9, 1984.

Requested by: John T. Sullivan, Assistant Superintendent for Instruction, Florence Public School District One

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July 29, 1986

Opinion concerning whether the person appointed Executive Director of the South Carolina Democratic Party may continue to serve as an elected member of the Aiken County Board of Education without violating the constitutional prohibition as to dual office-holding.

Requested by: William H. Burkhalter, Jr., Fox, Zier, Burkhalter and Verenes, Attorneys and Counsellors at Law

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July 24, 1986

Opinion concerning the constitutionality of a situation whereby persons living outside the City of Laurens are being served by the Commission of Public Works of Laurens, but those persons are not permitted to participate in the election of commissioners.

Requested by: The Honorable James E. Bryan, Jr., Senator, District No.9

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July 22, 1986

Opinion concerning whether individuals arrested by North Charleston city police officers who are charged with either misdemeanor or felony violations should be incarcerated in the North Charleston City Jailor the Dorchester County Jail.

Requested by: The Honorable Joseph P. Mizzell, Jr., Solicitor, First Judicial Circuit

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July 22,1986

Opinion concerning the effect of the recently-enacted State Residential Landlord and Tenant Act, R.355, as to a landlord’s use of distress proceedings to collect outstanding rent which is owed to the landlord.

Requested by: The Honorable Robert W. Hayes, Jr., Member, House of Representatives

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July 22, 1986

Opinion concerning whether an individual may serve concurrently as a member of Greenville County Council and as a member of the Greenville Central-Area Partnership, Inc. without contravening the dual office holding prohibitions of the State Constitution and statutes.

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

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July 21, 1986

Opinion concerning whether an individual who is a Wildlife Technician and a commissioned officer of the South Carolina Wildlife and Marine Resources Department would be eligible to serve on the Union Soil and Water Conservation District Commission.

Requested by: Furman Fendley, Chairman, Union Soil and Water Conservation District

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July 21, 1986

Opinion concerning whether a circuit or municipal court judge could require a defendant sentenced to a term of probation to make, as a part of the sentence imposed by the court, a contribution to “Crime Stoppers” or to reimburse “Crime Stoppers” for funds expended by such organization in association with the defendant’s case.

Requested by: J. Stephen Schmutz, Esquire, Deputy Solicitor, Ninth Judicial Circuit

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July 18, 1986

Opinion concerning whether Primary Care Association of South Carolina, Inc., would be eligible for cooperative purchasing under the South Carolina Consolidated Procurement Code.

Requested by: D. L. McMillin, CCPO, Manager, Administrative Services, Division of General Services

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July 15, 1986

Opinion asking whether an individual may hold both positions of member of Commission on Consumer Affairs and member of the Board of Directors of the Lexington County Hospital in light of certain provisions of Section 37-6-502, Code of Laws of South Carolina (1976) and the prohibitions against dual office holding within the State Constitution.

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

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July 11, 1986

Opinion concerning how to determine a majority votes of either the delegation or the Representatives, considering two vacancies.

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

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July 11, 1986

Opinion concerning the authority of Greenwood police officers to assist in the investigation of accidents and the control of traffic instant to a traffic accident at an intersection which is located just outside the city limits of Greenwood.

Requested by: William K. Charles, III, Esquire, Greenwood City Attorney

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July 11, 1986

Opinion asking whether an individual whose driving privilege has been suspended within the past five (5) years in a state other than South Carolina can be denied admission to the State Criminal Justice Academy pursuant to the requirements of Section 23-23-50(B)(4)(b) of the Code.

Requested by: Henry Ray Wengrow, Esquire, Legal Counsel and Director of Finance, South Carolina Criminal Justice Academy

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July 11, 1986

Opinion concerning the method of filling a vacancy on the Lexington County Board of Education (County Board).

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

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July 10, 1986

Opinion concerning whether the Tax Commission may revoke a license issued by it for nonpayment of any outstanding tax liability administered by the Commission.

Requested by: Mr. E. Gregorie Frampton, Executive Director, South Carolina Tax Commission

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July 10, 1986

Opinion asking whether the Board has the authority to enter into leases independent of Dorchester County Council. Specifically, whether the purported resignation of a member of the Board was effective.

Requested by: The Honorable William S. Branton, Jr., Senator, District No. 38; The Honorable George H. Bailey, Member, House of Representatives

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July 9, 1986

Opinion concerning whether a member of a county council may serve as a public defender in the same county.

Requested by: Robert L. Kilgo, Jr., Esquire, Chairman, Darlington County Council

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July 8, 1986

Opinion asking for guidance regarding a Workmen’s Compensation injury and the maximum improvement date to end treatment for injury.

Requested by: The Honorable Edwin E. Bowen, Jr., Executive Director South Carolina Board of Chiropractic Examiners

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July 7, 1986

Opinion concerning the transferability of licenses or registrations issued by SLED under the Private Detective and Private Security Agencies Act, Sections 40-17-10, et seq., and appropriate regulations.

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

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July 3, 1986

Opinion concerning § 4-9-30(7) of the Code and the proposed amendments thereto.

Requested by: E. Jeannette Heyward, Esquire, Assistant County Attorney, Charleston County

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July 2, 1986

Opinion asking whether or not the funds collected pursuant to Section 52 of Part II of the Appropriations Act of 1985 (Act 201 of 1985), now codified in Section 14-1-230 of the Code, may still be used for construction of a new local detention facility in Anderson.

Requested by: Richard Ruhle, Esquire, Anderson City Attorney

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July 2, 1986

Opinion concerning whether the Board can rent space in a building owned by the Board to other governmental agencies in the State.

Requested by: John L. Napier, Esquire

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July 1, 1986

Opinion concerning whether personal property belonging to credit unions are exempt from property taxation?

Requested by: Mr. James L. Brodie, Property Division, South Carolina Tax Commission

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June 30, 1986

Opinion concerning whether or not the local school districts involved are legally required to finance, through increased local taxes or otherwise, the designated ratio.

Requested by: The Honorable Thomas L. Moore, Member, South Carolina Senate; The Honorable John C. Hayes, Member, South Carolina Senate; The Honorable T. W. Edwards, Jr., Member, South Carolina House of Representatives

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June 27, 1986

Opinion concerning the abolition of the elective office of Director of Public Works in Clarendon County. You asked for our interpretation of this letter as it relates to the continued existence of the office.

Requested by: The Honorable C. Alex Harvin, III, The Majority Leader, House of Representatives

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June 25, 1986

Opinion asking whether a faculty or staff member of The Citadel may offer for election to and serve on the Board of Visitors of that institution.

Requested by: Murray D. Bonnoitt, Chairman, Election Committee, Association of Citadel Men, Johnson, Lane, Space, Smith & Co., Inc.

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June 25, 1986

Opinion concerning whether a member of the South Carolina State Board of Cosmetology could also serve as an officer of the South Carolina Registered Cosmetologist Association or any other trade association connected with cosmetology.

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

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June 24, 1986

Opinion concerning the constitutionality of 5.1375, R-627, an act exempting from the provisions of Act No. 271 of 1985, the boundary line between the Sardis-Timmonsville Fire Department and the Howe Springs Fire Department; Act No. 271 related to tax millage levied and collected for the benefit of the fire districts in Florence County.

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

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June 24, 1986

Opinion on appropriate method for filling a vacancy for Sheriff in Saluda County. Requested by Saluda County Attorney. Read full opinion.

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June 23, 1986

Opinion concerning Section 41-35-120, Code of Laws of South Carolina (1976, as revised. Is provision formerly codified as subsection 7 is still of force and effect.

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

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June 19, 1986

Opinion concerning the proposed ordinance #86-01 to determine whether the ordinance reflected an expenditure of public funds for a public purpose.

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

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June 17, 1986

Opinion concerning whether a recent South Carolina Supreme Court decision concerning absences due to suspensions affects attendance requirements for high school students to earn academic credit.

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

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June 16, 1986

Opinion concerning the constitutionality of H.2279, R-6l8, which act would add certain provisions to Section 4-9-10, Code of Laws of South Carolina (1976, as amended).

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

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June 16, 1986

Opinion concerning a notice of intent to implement fees for public swimming pool facilities by the South Carolina Department of Health and Environmental Control. Can these fees could be implemented without conflicting with the constitutional prohibition of taxation without representation.

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

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June 16, 1986

Opinion concerning whether or not the February 3, 1972 opinion of the Honorable Daniel R. McLeod authorizing a cooperative contractual agreement between law enforcement agencies in Greenville County remains valid.

Requested by: The Honorable Johnny Mack Brown, Sheriff, Greenville County Law Enforcement Center

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June 12, 1986

Opinion concerning whether an individual who is employed by the South Carolina Department of Health and Environmental Control may concurrently serve on the Spartanburg County Department of Social Services or Department of Mental Health board of directors without violating the dual office holding prohibitions of the State Constitution.

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

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June 11, 1986

Opinion concerning whether a magistrate is authorized pursuant to Section 22-3-800 of the Code to suspend a sentence imposed on a criminal defendant upon the condition that the defendant provide a specified number of hours of public service. What recourse a court would have if the defendant failed to comply with the sentence?

Requested by: The Honorable Allan T. Holmes, Chief Magistrate

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June 10, 1986

Opinion concerning whether the inactive case files of persons participating in the Richland County Pretrial Intervention Program can be destroyed pursuant to Section 30-1-90 of the Code. Such provision was included in legislation enacted in 1973.

Requested by: Jerry M. Stewart, Assistant Director for Records Management, South Carolina Department of Archives and History

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June 10, 1986

Opinion concerning whether § 38-19-20 makes “the Medical Malpractice Joint Underwriting Association or any other such facility, pool, joint underwriting association, or any other involuntary association … subject to assessment by the South Carolina Insurance Guaranty Association.”

Requested by: Mr. John G. Richards, Chief Insurance Commissioner, South Carolina Department of Insurance

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June 10, 1986

Opinion concerning the constitutionality of H.3975, presently under consideration by the General Assembly.

Requested by: Mr. George R. Drafts, Chairman of Board of Trustees, Lexington County Hospital

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June 10, 1986

Opinion concerning three questions. Can health authorities require an individual to submit to an examination over his objection? Can health authorities examine an individual held in a county jailor detention center awaiting a bond hearing? Can a magistrate delay a bond hearing for a period of twenty-four hours to allow the health authorities time to examine an individual?

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

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June 9, 1986

Opinion concerning the constitutionality of two acts of the General Assembly, H.3698, R-593 concerning the Columbia Music Festival Association, and H.3697, R-592, concerning the Richland County Historic Preservation Commission.

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

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June 10, 1986

Opinion concerning the constitutionality of two acts of the General Assembly, H.3698, R-593 concerning the Columbia Music Festival Association, and H.3697, R-592, concerning the Richland County Historic Preservation Commission.

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

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June 6, 1986

Opinion concerning the validity of local changes from the statewide construction standards for modular building units established pursuant to the South Carolina Modular Buildings Construction Act (Section 23-43-10 et seq., of the 1976 CODE OF LAWS OF SOUTH CAROLINA, as amended).

Requested by: Mr. Gary F. Wiggins, South Carolina Building Codes Council

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June 6, 1986

Opinion concerning the interpretation of Section 21-15-1450, Code of Laws of South Carolina, 1976, as amended, effective March 1, 1985.

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

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June 4, 1986

Opinion concerning the constitutionality of H.3934, R-553, which act sets the millage for several agencies, special purpose districts, and commissions located within Charleston County.

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

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June 4, 1986

Opinion concerning whether a state employee may also serve on the board of the North Spartanburg Area Fire and Rescue Department.

Requested by: Jim Miller, Administrative Assistant, North Spartanburg Fire Department

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June 3, 1986

Opinion concerning proposed amendments to § 43-38-20 of the Code. As originally enacted, this section authorizes the Governor’s Ombudsman “to investigate any problem or complaint on behalf of any interested party or any client, patient or resident of any facility as defined in this chapter.” The section further states that “[i]n carrying out any such investigation, he may request and receive written statements, documents, exhibits and other items pertinent to the investigation.”

Requested by: The Honorable Marshall B. Williams, Member, South Carolina Senate

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May 29, 1986

Opinions concerning whether one person may serve concurrently as a municipal judge of one city while serving as city prosecutor for another municipality located within the same county without violating the dual office holding prohibitions of the State Constitution.

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

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May 29, 1986

Opinion concerning whether provisions of the Child Protection Act, Sections 20-7-480, et seq. of the Code, which deal with protecting abused and neglected children, are applicable to Shaw Air Force Base.

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

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May 27, 1986

Opinion concerning the constitutionality of H.3703, R-477, an act removing limitations on the number of mills that may be imposed in Lexington County for the benefit of fire districts in the county.

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

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May 27, 1986

Opinion asking does the Orangeburg County Council have authority to establish the office of Delinquent Tax Collector and if not, may the same be authorized by local or general law?

Requested by: Robert R. Horger, Esquire, Orangeburg County Attorney

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May 23, 1986

Opinion asking whether the Industrial Commission may supervise and approve the fees of defense attorneys in workers compensation cases.

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

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May 20, 1986

Opinion concerning the recent action by the U.S. House of Representatives amending the 1968 Gun Control Act, 18 U.S.C. § 921 et seq., and particularly questioned the effect of the amendments on State gun laws.

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

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May 15, 1986

Opinion concerning the constitutionality of H.3275, R-397, an act requiring, inter alia, that plats to be recorded in Clarendon County first be submitted to the county tax assessor for endorsement before delivering to the clerk of court for recording.

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

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May 15, 1986

Opinion questioning whether the State Criminal Justice Academy was authorized to prohibit a Dorchester County deputy sheriff from performing law enforcement duties.

Requested by: Carl Knight, Sheriff, County of Dorchester

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May 14, 1986

Opinion concerning whether a private or premise security guard and/or any private detective who is currently registered by SLED be registered with more than one company concurrently? If such officer or detective were licensed or registered with more than one company at the same time, would this constitute dual officeholding or a conflict of interest?

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

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May 14, 1986

Opinion concerning three questions. 1. To what extent can public employers – city and county employers, school districts and state employers – negotiate lower salaries with their employees? 2. [D]oes “Earnable Compensation” as defined in S.C. Code § 9-1-10(16) include amounts that an employee voluntarily elects be reduced from his salary to fund Cafeteria Plan benefits under IRC § l25? 3. Would the voluntary reduction of a state employee’s salary or wages below $2.65 an hour violate S.C. Code § 8-11-140 if such reduction is used by his employer to purchase Cafeteria Plan benefits under IRC § 125?

Requested by: Wayne D. Pruitt, CPA, Controller, South Carolina Retirement System

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May 13, 1986

Opinion concerning whether there are any criminal penalties for the unauthorized release by an Industrial Commissioner of a settlement agreement reached in connection with a worker’s compensation case.

Requested by: The Honorable Addison G. Wilson, Member, South Carolina Senate

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May 6, 1986

Opinion concerning whether the county auditor required to determine the millage rate to insure sufficient tax revenue for compliance with § 12-35-15577

Requested by: Honorable L. R. “Skip” Waddell, Florence County Auditor

Read more...

May 6, 1986

Opinion asking whether the State Fire Marshal, as an ex officio member of the South Carolina Manufactured Housing Board, may send a proxy or other representative to meetings of the Board.

Requested by: Aaron A. Brown, Chairman, S.C. Manufactured Housing Board

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May 6, 1986

Opinion on the responsibility of the Charleston County Election Commission to furnish voting machines outside election time and other questions. Requested by Mr. R. Keith Summey, Chairman, Charleston county Election Commission. Read full opinion.

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May 6, 1986

Opinion on whether use of electronic voting machines would comport with the requirements of Section 7-13-800. Requested by Mr. James B. Ellisor, Executive Director, South Carolina State Election Commission. Read full opinion.

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May 20, 1986

Opinion concerning whether one person may serve concurrently on the Charleston County Election Commission and as a member of the City Council for the City of North Charleston, without contravening the dual office holding prohibition of the Constitution of the State of South Carolina.

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

Read more...

May 1, 1986

Opinion concerning questions related to the Freedom of Information Act and acquisition or disposal of real estate by a city council.

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

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May 1, 1986

Opinion as to whether a school district employee who is not a teacher may run for the position of school district trustee and, if elected, so serve.

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

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April 30, 1986

Opinion concerning the City of Lancaster’s ticket surcharge from the Omnibus Crime Bill, S.459.

Requested by: Honorable Caldwell T. Hinson

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April 28, 1986

Opinion concerning the Education Improvement Act (EIA) provisions concerning the maintenance of local funding of its programs.

Requested by: The Honorable E. Crosby Lewis, Chairman, Education Improvement Act Select Committee

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April 28, 1986

Opinion concerning whether any State law requires local funding for teachers’ salaries to be increased by a particular percentage.

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

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April 23, 1986

Opinion concerning whether the birth mother or the attorney making the placement is the proper party to sign on the Interstate Compact on the Placement of Children (ICPC) Form 100A as financially responsible when the placement of the child is through an independent adoptive placement arranged by a South Carolina attorney into another state.

Requested by: Kathryn N. Queen, ACSW, ICPC Deputy Administrator for Adoptions, SC Interstate Compact on the Placement of Children

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April 23, 1986

Opinion concerning whether a family court rule to show cause issued for failure to obey a court order is considered “other process” as referenced in Rule 4 (c) of the State Rules of Civil Procedure. Also concerning whether constables appointed by the family court, but who are not commissioned as deputy sheriffs, are authorized to serve a rule to show cause issued by the family court.

Requested by: Robert H. Orr, Jr., Sheriff, County of Chester

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April 23, 1986

Opinion concerning whether such proposed activity involving the State would be violative of this State’s Ethics Act, Sections 8-13-10, et seq. of the 1976 Code of Laws.

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

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April 21, 1986

Opinion concerning the authority to set tax millage for the operation of public schools in Aiken County.

Requested by: The Honorable Thomas L. Moore, Member, South Carolina Senate

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April 18, 1986

Opinion concerning a proposed amendment (H3229) to § 44-51-130 of the South Carolina Code of Laws (1976) and to advise whether the proposed amendment violates due process.

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

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April 18, 1986

Opinion concerning three House bills that amend provisions of the South Carolina act for the commitment and admission of alcohol and drug addicts.

Requested by: Jean Popowski, Executive Assistant to the Director, S.C. Commission on Alcohol and Drug Abuse

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April 18, 1986

Opinion concerning whether the incumbent would continue to serve until the new election may be held, and further whether any acts he performs would be valid.

Requested by: Claude Terry, District Superintendent, Orangeburg School District #1

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April 16, 1986

Opinion concerning a constituent that has been unable to obtain a South Carolina driver’s license.

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

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April 15, 1986

Opinion concerning the constitutionality and legality of two proposed amendments to S.1017.

Requested by: John H. Holladay, Jr., Boxing Commissioner, 2nd Congressional District, State Boxing Commission

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April 15, 1986

Opinion concerning the Clarendon County Council the abolishment of the Office of Director of Public Works. The ordinance abolishing this Office was sent to the Justice Department for their approval under the Voting Rights Act; however, at this date the county has not heard from the Justice Department. Mr. Hardy, the incumbent, filed for this position during the time filing was open. No other candidate filed. Should Mr. Hardy’s filing for this position be accepted by the party? Should Mr. Hardy then be duly declared the nominee of the party for this position? What actions would be appropriate for the Democratic Party and the County Election Commission to take in the event that no response or a negative response is received from the Justice Department in order to place him in the office on the November ballot?

Requested by: The Honorable C. Alex Harvin, III, The Majority Leader, House of Representatives

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April 15, 1986

Opinion concerning the election of district highway commissioners pursuant to Sections 57-3-220 and 57-3-240, Code of Laws of South Carolina (1976 & 1985 Cum. Supp.).

Requested by: Stephen L. Elliott, Staff Counsel, Education and Public Works Committee, House of Representatives

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April 14, 1986

Opinion concerning questions relative to adoption of rules of procedure by the Authority: 1. May the Authority adopt by-laws restricting future governing boards so that any change of the by-laws may require a two-thirds majority vote? 2. Are certain provisions, as discussed below, inconsistent with and repugnant to the enabling Legislation for regional transportation authorities, so that the restriction in the by-laws limiting the chairman to two consecutive terms is void? 3. Referencing a two-thirds majority vote specified in the by-laws, may a simple majority in attendance at a quorum of the membership amend the by-laws to provide that the chairman may be elected for more than two successive terms?

Requested by: David B. Ward, Esquire, Horton, Drawdy, Ward & Johnson, P. A.

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April 14, 1986

Opinion concerning the constitutionality of H.3275, nR-397, an act requiring, inter alia, that plats to be recorded in Clarendon County first be submitted to the county tax assessor for endorsement before delivering to the clerk of court for recording.

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

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April 10, 1986

Opinion concerning whether the incumbent would continue to serve until the new election may be held, and further whether any acts he performs would be valid.

Requested by: Claude Terry, District Superintendent, Orangeburg School District #1

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April 9, 1986

Opinion concerning whether an arrest warrant could be issued in lieu of a uniform traffic ticket for the criminal offenses listed in Section 56-7-10 of the 1976 Code of Laws, as amended. Also an opinion concerning whether the issuance of a traffic ticket for the listed criminal offenses is optional under any circumstances.

Requested by: W. C. Bain, Jr., Director of Public Safety, City of Spartanburg

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April 9, 1986

Opinion concerning whether a county council under the council-administrator form of government would have authority to appoint a zoning administrator, or whether that appointment power would fall within the authority of the county administrator.

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

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April 8, 1986

Opinion concerning picture to the rating imposed by the Motion Picture Association of America (hereafter the “MPAA”) or its successor.

Requested by: The Honorable Robert W. Hayes , Jr., Member, House of Representatives

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April 8, 1986

Opinion concerning the requirements under state law for mandatory retirement of a member of the Employment Security Commission.

Requested by: C. Lem Harper, Chairman, South Carolina Employment, Security Commission

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April 8, 1986

Opinion concerning the necessary delegation of authority for the Board of Pharmacy to promulgate regulations setting out a program of continuing education for pharmacists in this State.

Requested by: Mr. C. Douglas Chavous, Executive Secretary, South Carolina Board of Pharmacy

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April 6, 1986

Opinion asking may the requirement for newspaper advertisements for the sale of property for nonpayment of taxes be satisfied with an advertising insert?

Requested by: The Honorable Elrid M. Moody, Beaufort County Treasurer

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March 31, 1986

Opinion concerning whether Section 12-35-580 under certain conditions requires the prepayment of a portion of the current month’s sales taxes. Specifically, what are the appropriate penalties and how are they applied? Does the failure to prepay bar the allowance of the discount?

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

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March 27, 1986

Opinion concerning whether a voting machine may be used in the absentee ballot precinct (i.e., the voter registration office) for absentee voting.

Requested by: Ms. Betty M. Moore, Administrator, Board of Voter Registration

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March 27, 1986

Opinion concerning adoption of ordinances by a county council. Is a vote required on first reading of an ordinance by a county council? May an ordinance be introduced and considered by a council by reading of the title only? If the answer to question 2 is affirmative, then may that reading consist of publishing the title only, rather than an oral reading?

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

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March 26, 1986

Opinion as to whether there are any specific statutory or constitutional exceptions to requiring the payment of the appropriate filing fee to initiate actions in the court of common pleas and the family court.

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

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March 26, 1986

Opinion concerning the status of personnel employed by a solicitor’s office to administer the Victim/Witness Program: whether the persons are county employees, to what fringe benefits these persons may be entitled, who pays for the benefits, and so forth.

Requested by: Melvin B. McKeown, Esquire, York County Attorney

Read more...

March 25, 1986

Opinion concerning whether one person may serve simultaneously on a town council and as a member of the board of trustees of South Carolina State College without violating the dual office prohibitions of the State Constitution.

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

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March 25, 1986

Opinion as to whether a county council may contract with a county Chamber of Commerce to administer the expenditure of part of the county’s accommodations tax funds. After a county deducts $25,000 from such funds for county use, twenty-five percent of the balance can go to a Chamber of Commerce for tourism promotion. The question is asking about the remaining seventy-five percent and who may administer the expenditure thereof.

Requested by: Jack M. Kendree, Executive Director, Georgetown County Development Commission

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March 25, 1986

Opinion concerning whether a county tax board of appeals is the proper authority to rule upon whether a notice of appeal to the board was timely made. This is jurisdictional and may be raised by the assessor on appeal to the South Carolina Tax Commission if such be necessary.

Requested by: Honorable Vera R. Benton, Orangeburg County Assessor

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March 24, 1986

Opinion concerning whether a county may charge a $5.00 fee for mailing copies of the Court Roster.

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

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March 24, 1986

Opinion concerning when a property is sold under an “unknown” ownership, an entry to this effect in the tax title property description would satisfy the requirements of §§ 30-9-50 and 30-5-35.

Requested by: Michael F. Mullinax, Esquire, Long, Thomason and Mullinax, Attorneys at Law, P.A.

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March 24, 1986

Opinion concerning whether a proposed golf tournament would constitute a lottery.

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

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March 24, 1986

Opinion questioning the scope of the arrest power of a jail employee as to citizens on and off jail property.

Requested by: Henry R. Wengrow, Esquire, Legal Counsel, South Carolina Criminal Justice Academy

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March 21, 1986

Opinion concerning whether a deputy or associate probate judge would be required to take a leave of absence to become a candidate for the office of probate judge.

Requested by: The Honorable Marshall B. Williams, Senator, District No. 40

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March 21, 1986

Opinion concerning the clarification and, perhaps, an amended opinion from this Office concerning S.C. Code Ann.§ 56-11-110 (1976 & 1985 Supp.) and Op. Atty. Gen. No. 81-33 (April 2, 1981).

Requested by: Edwin E. Bowen, Jr., Executive Director, S.C. Board of Chiropractic Examiners

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March 19, 1986

Opinion concerning whether legislative oversight of administrative regulations provided for in the Administrative Procedures Act [§§ 1-23-10, et seq., Code of Laws of South Carolina (1985 Cum. Supp.)] vioIates Article III, § 18 of the South Carolina Constitution (1895, as amended).

Requested by: Honorable Charles L. Powell, Senator, Senatorial District Four

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March 18, 1986

Opinion concerning whether Beaufort County Council has the authority to approve the budget for the Beaufort County School District.

Requested by: Mr. Donald L. Coffin, Beaufort County School District

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March 17, 1986

Opinion as to the legality of the magistrate dismissing charges on the basis that the signature on the check by the maker was not observed by the payee.

Requested by: C. Gordon McBride, Esquire, Darlington County Attorney

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March 17, 1986

Opinion questioning whether a three-wheel vehicle, comes within the definition of a
“motorcycle” as defined in Section 56-5-140 of the Code.

Requested by: Frank Powell, Sheriff, County of Richland

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March 17, 1986

Opinion questioning whether a municipal court judge is authorized to issue a bench warrant requiring that a defendant charged with a general sessions court offense who previously had been released on bond by such judge, be committed to jail for failing to comply with the terms of his bond.

Requested by: The Honorable George W. Hartzell, Municipal Judge, Town of Cheraw

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March 17, 1986

Opinion concerning whether the exemption afforded to new manufacturing establishments would not include an existing manufacturing plant acquired by new owners.

Requested by: Honorable Grace M. Gibson, Marlboro County Auditor

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March 17, 1986

Opinion concerning a policy adopted recently about a tuition reimbursement program for the employees of the Irmo-Chapin Recreation Commission.

Requested by: Steven A. Gantt, Executive Director, Irmo-Chapin Parks and Recreation Commission

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March 13, 1986

Opinion concerning whether an individual convicted of a felony in the United States District Court may file as a candidate for the office of school board trustee.

Requested by: Howell A. Wilson, Esquire, Post Office Box 1286

Read more...

March 10, 1986

Opinion concerning when agricultural land values within counties with soil maps change by reason of the modification of elements within the statute that sets forth the procedure to determine these values, then in such cases, the agricultural land values in counties without soil maps must be equalized to insure that all agricultural lands are equally and uniformly assessed.

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

Read more...

March 10, 1986

Opinion asking can a tax assessor enter a home for the purpose of appraising the same?

Requested by: Honorable Benjamin E. Thrailkill, Jr., Member of South Carolina House of
Representatives, District 106, Horry County

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March 10, 1986

Opinion concerning the law pertaining generally to special purpose or public service districts and, more particularly, to the Chester Metropolitan District and Chester Sewer District, to determine whether such bodies, generally or specifically, have the authority to hire and fire an executive director or other necessary personnel.

Requested by: The Honorable Paul E. Short, Jr., Member, House of Representatives

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March 10, 1986

Opinion asking does a nursing home qualify for the property tax exemption from municipal taxes that is granted by Article X, § 3(g) of the South Carolina Constitution?

Requested by: A. Ray Godshall, Esq., Attorney for the City of Gaffney

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March 10, 1986

Opinion concerning the removal of habitual traffic offender status.

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

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March 10, 1986

Opinion referencing a company such as a lawn maintenance firm has a contract to do monthly lawn maintenance for an apartment complex at a rate of $800.00 per month. After three months no payment is made and because of the low cost and the expediency of the magistrates’ court the lawn maintenance company desires to pursue this matter. They want to divide the total into monthly amounts of $800.00 and do three Summons and Complaints rather than one for $2,400.00 in Court of Common Pleas.

Requested by: The Honorable Michael R. Davis, Magistrate, Lykesland District

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March 5, 1986

Opinion concerning the constitutionality of proposed §5-23-43 of the Code of Laws of South Carolina, 1976 as set forth in Section 1 of Senate Bill S.694.

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

Read more...

March 5, 1986

Opinion concerning whether a purchaser of real property sold for non-payment of taxes may redeem the property when the same is sold at a subsequent tax sale.

Requested by: Honorable William M. Ellen, Lee County Treasurer and Tax Collector

Read more...

March 4, 1986

Opinion concerning whether the bond provisions in H. 2737, proposed legislation known as the Infrastructure Bill, would require the State or political subdivision involved to incur general obligation debt as that term is defined in §§ 13 and 14, Article X, of the South Carolina Constitution.

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

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February 28, 1986

Opinion concerning whether the members of a regional transportation authority (RTA) can be only cities or counties within the respective RTA’s service area. May only those RTAs established through a referendum consider using this procedure for appointment?

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

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February 28, 1986

Opinion concerning whether a public official or body has the authority to fill a vacancy on the Richland County School District One Board of Trustees (District One Board).

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

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February 26, 1986

Opinion concerning whether a conviction under 18 U.S.C. § 1503 <obstruction of justice) would constitute conviction of a crime of moral turpitude with respect to Article VI, Section 8 of the State Constitution.

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

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February 26, 1986

Opinion concerning whether our laws prohibiting indecent exposure may be applied to the situation where a waitress in a restaurant, club or other public place appears “topless” as part of
her job function.

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

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February 26, 1986

Opinion concerning when remedial programs must be provided for students failing the exit examination required of high school students by §59-30-10 (f) of the Code of Laws of South Carolina, 1976 and the responsibility of the district to compel participation by students in this program.

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

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February 25, 1986

Opinion on whether the Union County Hospital Board may have the composition of its membership changed by county ordinance, or whether such must be accomplished by an act of General Assembly.

Requested by: The Honorable Thomas H. Pope, III, Senator, District No. 18

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February 25, 1986

Opinion concerning the South Carolina Consolidated Procurement Code (Procurement Code) posed by a school district. See, §11-35-10, et seq., of the Code of Laws of South Carolina, 1976,as amended by Act 109, Acts and Joint Resolutions of South Carolina, 1985.

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

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February 21, 1986

Opinion as to the interpretation of certain language in H2654, a recently enacted amendment to §43-5-65(aa) (1), South Carolina Code of Laws (1976), hereinafter Code.

Requested by: The Honorable James L. Solomon, Jr., Commissioner, S.C> Department of Social Services

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February 21, 1986

Opinion as to whether the reading of a bid at a public bid opening acts as a waiver of irregularities in that bid and as an acceptance of the bid such that if it is later determined that a bid which was read has no defect as to bid bond has been waived.

Requested by: The Honorable Hugh K. Leatherman, Sr., Chairman, South Carolina Procurement Review Panel

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February 21, 1986

Opinion questioning whether Section 16-3-1130 pf the Code empowers the State Crime Victim’s Compensation Fund (hereafter “the Fund”) to delegate the statutory duties of a field representative to an individual who is neither a field representative nor an employee of the Fund.

Requested by: James E. Chaffin, Jr., Staff Attorney, Crime Victims’ Compensation Fund

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February 20, 1986

Opinion concerning the interpretation of a portion of the City of Florence Employee Handbook relative to employees taking military leave.

Requested by: Timothy E. Meacham, Esquire, Staff Attorney, City of Florence

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February 20, 1986

Opinion concerning whether a commissioner of the State Housing Authority may build or sell houses or lots which he owns or to supply building materials for houses to be permanently financed under the Authority’s Single Family Program.

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

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February 20, 1986

Opinion concerning whether Section 4-9-120, Code of Laws of South Carolina (1976), requires three favorable readings of a proposed ordinance prior to its adoption.

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

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February 20, 1986

Opinion concerning whether a county area that receives the minimum allocation from the accommodations tax subject to the requirements of § 12-35-720 in the disbursement of such funds? Are the funds from the accommodations tax received between July one and August one to be considered revenue for the preceding fiscal year of the county area?

Requested by: Gary T. Pope, Esquire, Newberry County Attorney

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February 19, 1986

Opinion concerning whether the appropriate body to enter into a lease-purchase agreement for fire trucks for Abbeville County would be Abbeville County Councilor the “Abbeville County Fire Protection Commission.”

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

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February 18, 1986

Opinion asking whether you might serve on the Town Council of Pine Ridge and, at the same time, be a commissioned wildlife or conservation officer for the South Carolina Wildlife and Marine Resources Department without violating dual office holding prohibitions in the State Constitution.

Requested by: Mitch Manis, Member, Pine Ridge Town Council

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February 18, 1986

Opinion concerning whether Horry County Council may loan funds to the Horry Produce and Marketing Association, Inc., an eleemosynary corporation comprised of produce farmers of Horry County.

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

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February 13, 1986

Opinion concerning A proposed act that would exempt the facilities of new enterprises engaged in research and development and certain additions to existing facilities from designated property taxes would not be in conflict with the South Carolina Constitution.

Requested by: Honorable Tom G. Mangum, Chairman, Committee on Ways & Means, South Carolina House of Representatives

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February 13, 1986

Opinion concerning whether accident reports prepared and filed by law enforcement officers are confidential.

Requested by: J. Stanley Bird, Chief of Police

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February 11, 1986

Opinion concerning whether Probation and Parole Agents are eligible to exclude $5.00 per duty day from their South Carolina Personal Income Tax return for subsistence allowance, pursuant to § 23-1-30 and 23-1-40 of the Code of Laws of South Carolina (1976 as amended).

Requested by: George W. Chiles, Deputy Executive Director, South Carolina Department of Parole and Community Corrections

Read more...

February 11, 1986

Opinion concerning whether an individual may serve concurrently as a game warden and on a county board of social services without violating the dual office holding prohibitions of the State Constitution.

Requested by: The Honorable Liston D. Barfield, Member, House of Representatives

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February 10, 1986

Opinion asking may the South Carolina Tax Commission modify the formula used to value agricultural lands?

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

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February 10, 1986

Opinion concerning whether appointments to local review boards made pursuant to the repealed Section 20-7-2400, Code of Laws of South Carolina (1976), are deemed to be continuing, or whether new appointments must be made to all review boards. You have also inquired as to the effect of H. 3186 on our interpretation.

Requested by: Ms. Nela Gibbons, Executive Director, Children’s Foster Care Review Board System

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February 6, 1986

Opinion concerning whether an individual who is a state constable would be prohibited by the dual office holding provisions of the State Constitution from holding a bail bondsman’s license issued pursuant to the newly enacted provisions of Act 189 of 1985.

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

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February 6, 1986

Opinion concerning whether the owner of private property may dispose of litter or other solid waste on his own property or give permission to others to dispose of waste on such property without a permit from the State Department of Health and Environmental Control (DHEC).

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

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February 6, 1986

Opinion concerning whether a county council has authority to enact a sign or billboard ordinance.

Requested by: Darrell Thomas Johnson, Jr., Esquire, Jasper County Attorney

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February 6, 1986

Opinion concerning whether a member who is eligible to establish six years’ military service may purchase credit for less than the full six years. This eligibility to establish the full six years permitted by the statute comes from the member’s having at least twice that number of years of state service.

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

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February 5, 1986

Opinion concerning whether the council member, as a de facto officer, would be entitled to receive compensation for his service after his term had expired but before his successor took office.

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

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February 5, 1986

Opinion concerning a special act of the Legislature enacted in 1981, R253, that provided a special fee schedule for the Newberry County Sheriff’s Department. Also, concerning whether newly-enacted Section 23-19-10 of the Code which provides a comprehensive fee schedule for sheriffs repeals the above referenced special act for Newberry County.

Requested by: L. L. Henderson, Sheriff, County of Newberry

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February 4, 1986

Opinion concerning whether or not companies currently writing health policies in South Carolina can require second surgical opinions of podiatric surgery exclusively by orthopedic surgeons.

Requested by: Dr. Nicholas A. Straney, Secretary-Treasurer, South Carolina State Board of Podiatry

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February 4, 1986

Opinion concerning whether an amendment to H. 2279, enclosed with your letter, would invalidate
the present method of election for the Charleston County Council.

Requested by: The Honorable Sam Applegate, Senator, District No. 43

Read more...

February 3, 1986

Opinion concerning whether the Board of Fire Control of the North Greenville Fire District may pay
salaries to two firemen.

Requested by: Robert A. Willis, Chairman, Board of Fire Control, North Greenville Fire District

Read more...

January 30, 1986

Opinion concerning whether the Legislative Audit Council possesses the authority to conduct an audit of the Horry County School District.

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

Read more...

January 28, 1986

Opinion concerning whether you may offer for election to and serve on the New Ellenton Town Council while you are employed as Personnel Director for Aiken County.

Requested by: Ms. Peggy Whitman, Personnel Director, Aiken County

Read more...

January 28, 1986

Opinion concerning whether the sale of x-rated videos by businesses in your area to individuals all of whom are over the age of eighteen in the manner specified by you falls under this State’s obscenity statutes.

Requested by: C. Anthony Harris, Jr., Esquire, City Attorney, Town of Cheraw

Read more...

January 28, 1986

Opinion concerning who would have authority to approve the expenditure of “C” funds for highway improvements.

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

Read more...

January 24, 1986

Opinion concerning the constitutionality of certain provisions of the proposed State Residential Landlord and Tenant Act, H. 2119.

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

Read more...

January 23, 1986

Opinion concerning the procedure which should be followed by the Industrial Commission in order to obtain income tax records maintained by the South Carolina Tax Commission.

Requested by: Honorable John R. Tally, Commissioner, S.C. Industrial Commission

Read more...

January 23, 1986

Opinion concerning whether a municipality or county could contract with a private corporation to assist in the management of a municipal or county correctional facility.

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

Read more...

January 23, 1986

Opinion concerning whether county government (collecting taxes for the district) can continue to tax for this service without furnishing the service within a reasonable period of time.

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

Read more...

January 22, 1986

Opinion concerning the situation created by the levy and collection of taxes for the Liberty-Chesnee-Fingerville Water District for several years from residents of the district who desire water service but have not yet received the services.

Requested by: The Honorable Joseph T. Petty, Member, House of Representatives

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January 22, 1986

Opinion concerning the situation created by the levy and collection of taxes for the Liberty-Chesnee-Fingerville Water District for several years from residents of the district who desire water service but have not yet received the services.

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

Read more...

January 21, 1986

Opinion concerning the inheritance by illegitimate children from their fathers’ estates.

Requested by: Gary T. Pope, Esquire, Newberry County Attorney

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January 15, 1986

Opinion concerning whether a college president could issue a letter of tenure and bind the college and its board of trustees by granting an administrative official tenure as a professor with a guaranteed salary position of 75 percent of whatever the previous administrative salary was without formal board approval or other board approval? Must there be board of trustees approval, formal or informal, of any contract for employment? In other words, for a contract to be properly ratified and become binding on the institution, must it be considered by the board of trustees at a duly called meeting? Can it be done in executive session without ever having it ratified in open session?

Requested by: The Honorable Glenn F. McConnell, Senator, District No. 41

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January 16, 1986

Opinion concerning whether private health practitioners, who work only part time for the State, may be paid for examinations and hearings performed under the Judicial Commitment Act when they perform these services, not as a state employee, but during their other private duty hours.

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

Read more...

January 16, 1986

Opinion on the various procedures to be used to annex property to municipalities. Requested by The Honorable Timothy F. Rogers, Member, South Carolina House of Representatives. Read full opinion.    

Read more...

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Columbia, SC

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