1987 Opinions

December 29, 1987

Opinion concerning whether an application for land to be taxed within the agricultural classification is required by an owner acquiring lands so classified.

Requested by: The Honorable Ray Drayton, Darlington County Assessor

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December 23, 1987

Opinion concerning whether the teachers’ salary table attached to your letter of December 16, 1987 sets forth the required minimum salary for teachers in the Rock Hill school district for the 1987-88 school year.

Requested by: John C. Hayes, III, Esquire

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December 22, 1987

Opinion concerning whether the three year period in Section 12-47-440 may be reduced to one year.

Requested by: The Honorable James M. Waddell, Jr., Senator, District No. 46

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December 22, 1987

Opinion concerning whether a magistrate is authorized to set bail by telephone instead of having a defendant brought personally before him.

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

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December 22, 1987

Opinion concerning whether the South Carolina Right to Work Law [§ 41-7-10, et seq.] would prohibit Mack Trucks from terminating nonunion employees at its Winnsboro, South Carolina plant in order to provide employment opportunities for U.A.W. members who claim a preference for the Winnsboro jobs in accordance with a transfer provision contained in a collective bargaining agreement entered in Pennsylvania.

Requested by: The Honorable T. W. Edwards, Jr., Member, House of Representatives

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December 21, 1987

Opinion concerning changes in the election provisions of a recent Order regarding the Edgefield County School District.

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

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December 14, 1987

Opinion concerning whether each judgeship is separate and distinct unto itself.

Requested by: The Honorable Thomas E. Smith, Jr., Chiarman Joint Legislative Judicial Screening Committee

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December 14, 1987

Opinion concerning whether several positions to which individuals are appointed by the Governor would be considered offices for dual office holding purposes.

Requested by: Ms. Jo Kramer, Sumter County Legislative Delegation

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December 10, 1987

Opinion concerning whether an individual who is not a citizen of the United States can serve as a police officer in South Carolina.

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

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December 10, 1987

Opinion concerning whether the dissolution of the contract between the County and City should have resulted in the automatic return of these law enforcement functions to the Sheriff’s Department.

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

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December 9, 1987

Opinion concerning whether a school district that fails to maintain its local salary supplement at the 1986-87 level is subject to a cut-off in State funds.

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

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December 9, 1987

Opinion concerning whether the Rock Hill District must provide a local salary supplement to teachers with eighteen and nineteen years teaching experience during the 1987-88 school year in the same amount provided to teachers with those years of experience in the 1986-87 school year.

Requested by: John C. Hayes, III, Esquire

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December 8, 1987

Opinion concerning whether the executive incentive pay plan for the South Carolina State Ports Authority is a Constitutional practice.

Requested by: The Honorable Thomas F. Hartnett, Member, South Carolina State Ports Authority

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December 7, 1987

Opinion concerning whether the Legislature can alter the method of setting school tax millage in Edgefield County.

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

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December 7, 1987

Opinion concerning whether an individual’s nomination by the legislative delegations comprising the Fifteenth Judicial Circuit to serve on the South Carolina State Board of Education has become official so that the legislative delegations may not reconsider the appointment.

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

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December 7, 1987

Opinion concerning whether a nonresident employee of the Department of Energy at the Savannah River Nuclear Plant may be appointed as a special state constable.

Requested by: Burnet R. Maybank, III, Assistant Counsel to the Governor

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December 7, 1987

Opinion concerning the restrictions on increases in taxation due to reassessment.

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

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December 4, 1987

Opinion concerning whether the Budget and Control Board may approve the issuance of the taxable revenue bonds under Title 4 of the South Carolina Code.

Requested by: Mr. William A. McInnis, Secretary, State Budget and Control Board

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December 4, 1987

Opinion regarding the establishment of a county police force or a joint city-county police force by a county council in the first instance, or a city council-county council joint effort in the second instance.

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

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December 2, 1987

Opinion concerning whether, if an Act of the General Assembly (Act #1005 of 1970) be declared unconstitutional by the court, the Act it amended (Act #198 of 1967) would become effective and/or applicable, as provided therein.

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

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December 1, 1987

Opinion regarding an interpretation of S.C. Code Ann., Section 20-7-1330(a), concerning the limitation on the amount of restriction that can be imposed against a juvenile as a condition of probation.

Requested by: The Honorable David H. Wilkins, Member, House of Representatives

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December 1, 1987

Opinion concerning whether the Board of Trustees for the Governor’s School of Science and Mathematics may contract with Coker College for the lease of facilities without the necessity of going through the request for proposal process or other mandatory state process.

Requested by: Mr. Burnet R. Maybank, III, Assistant Counsel to the Governor

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December 1, 1987

Opinion concerning whether Article VIII, Section 16 of the South Carolina Constitution requires a municipality to conduct a referendum, if it has not done so previously, before entering into a Community Development Block Grant agreement with the Office of the Governor to obtain funds to be loaned to a special purpose district or a private water company, or before entering into an agreement to loan those funds to such an entity to construct a water utility system.

Requested by: The Honorable Carroll A. Campbell, Jr., Governor of South Carolina

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November 30, 1987

Opinion concerning whether in a situation where a schedule of payments of a fine has been established for an indigent pursuant to Section 17-25-350 of the Code and the indigent fails to comply with the payment schedule, is a magistrate authorized to charge the defendant a fine in addition to the sentence of a fine which was already imposed.

Requested by: The Honorable Allen T. Holmes, Orangeburg County Magistrate

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November 30, 1987

Opinion regarding whether a citizen of a county who lives within a municipality of the county may be denied the opportunity to speak before county council because he is a citizen of the municipality.

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

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November 25, 1987

Opinion concerning as to whether an individual would be disqualified from voting, as a member of the Budget and Control Board, upon a matter which was considered by the South Carolina Coastal Council, of which that same individual was a member until recently.

Requested by: The Honorable James M. Waddell, Jr., Senator, District No. 46

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November 25, 1987

Opinion regarding when a judge has committed a respondent for contempt and executes the commitment order, can he subsequently change the decree.

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

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November 24, 1987

Opinion concerning whether it is lawful under Acts 154 and 204 of 1987 (S.543 and S.392, respectively) for the Wildlife Department to net and sell redfish harvested from the Waddell Mariculture Center.

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

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November 24, 1987

Opinion concerning as to whether vehicles used to transport timber from the forest to the sawmill would be entitled to use farm truck license plates.

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

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November 23, 1987

Opinion concerning reimbursement of a member of Georgetown County Council for legal fees incurred in defending a lawsuit purporting to remove him from office.

Requested by: Jack M. Scoville, Jr., Esquire, Georgetown County Attorney

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November 23, 1987

Opinion regarding as to whether or not a law enforcement officer can book a juvenile into any county jail or regional complex without the juvenile first having been screened by an agent of the Department of Youth Services.

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

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November 23, 1987

Opinion concerning the school budget for Clarendon County School District One.

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

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November 23, 1987

Opinion regarding as to the applicability of Section 4-11-60 of the Code of Laws of South Carolina (1976, as revised) to members of a county council who receive only salaries and reimbursement for actual expenses incurred in the performance of official duties.

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

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November 18, 1987

Opinion regarding whether merely filing a Commission Order with the Office of the Clerk of Court gives the Order the effect of a judgment.

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

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November 18, 1987

Opinion concerning as to whether the North-South Came Committee, Inc. has any legal or property rights in their North-South Logo.

Requested by: The Honorable Larry E. Gentry, Member, House of Representatives

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November 18, 1987

Opinion concerning whether the simultaneous serving on the Old Exchange Building Commission and membership on the governing body of the Parker Sewer and Fire District would contravene the dual office holding prohibitions of the State Constitution.

Requested by: The Honorable H. Howell Clyborne, Jr., Member, House of Representatives

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November 16, 1987

Opinion inquiring about the obligations of the South Carolina Insurance Guaranty Association, an organization created pursuant to, and governed in its operation by the provisions of Section 38-19-10, et seq. of the 1976 S.C. Code of Laws, as amended.

Requested by: The Honorable John Courson, Member, SC Senate

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November 13, 1987

Opinion concerning does the mayor under the mayor-council form of government have the authority to refuse to carry out a vote of council when the action does not infringe on the responsibilities and powers of the mayor in the mayor-council form of government as set forth in South Carolina Code of Laws, 1976, section 5-9-30.

Requested by: Kenneth E. Merriman, Esquire, Town of Quinby Attorney

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November 13, 1987

Opinion concerning whether such a project will be consistent with the tripartite agreement for use of Hobcaw Barony executed by Clemson University, the University of South Carolina, and the Belle W. Baruch Foundation.

Requested by: Dr. Max Lennon, President, Clemson University

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November 10, 1987

Opinion concerning whether an Act pertaining to Anderson County Schools can be amended although it was established by referendum in November, 1982.

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

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November 10, 1987

Opinion concerning whether one governmental entity can file a claim or action against another governmental entity under the South Carolina Tort Claims Act.

Requested by: Mr. Richard W. Kelly, Division Director of General Services, Budget and Control Board

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November 9, 1987

Opinion questioning whether a magistrate would have jurisdiction over a charge pursuant to Section 16-13-420 of the Code if the value of the property leased or rented is less than two hundred dollars.

Requested by: The Honorable Michael E. O’Dowd, Charleston County Magistrate

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November 9, 1987

Opinion concerning as to whether the Darlington County Board of education has the discretion either to approve or disapprove the budget submitted by Florence-Darlington Technical College.

Requested by: The Honorable Denny W. Neilson, Member, House of Representatives

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November 9, 1987

Opinion concerning whether the early retirement plan as added by §59-103-150 (Act No. 100 of 1987) extends to faculty of technical colleges such as Aiken Technical College.

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

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November 6, 1987

Opinion concerning whether a dual office holding situation exists if the Mayor for the City of Mauldin simultaneously serves as the commissioner of the South Carolina Alcoholic Beverage Control Commission.

Requested by: The Honorable A. Wayne Crick, Mayor, City of Mauldin

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November 4, 1987

Opinion concerning the definition of the word “fees” for the purpose of determining whether such fees should be retained by masters and special referees for personal compensation.

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

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November 3, 1987

Opinion concerning whether Section 7-13-355 of South Carolina Code of Laws, 1976, as amended, would control the general provisions of the home rule legislation and prohibit this referendum election.

Requested by: B. Bayles Mack, Esquire

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November 3, 1987

Opinion regarding whether the Town of Kingstree may refuse to issue the business license or may prohibit this type of activity altogether.

Requested by: Wendell O. Brown, Esquire, Kingstree Town Attorney

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November 2, 1987

Opinion concerning the manner of disposing revenues generated by the estreatment of bonds in drug cases within the jurisdiction of the court of general sessions.

Requested by: Leland B. Greeley, Assistant Solicitor, Sixteenth Judicial Circuit

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October 29, 1987

Opinion concerning whether the South Carolina Jobs-Economic Development Authority had the authority to issue taxable revenue bonds, bonds which are not tax exempt under federal income tax laws.

Requested by: Mr. Elliot E. Franks, III, Chief Executive Officer, South Carolina Jobs-Economic Development Authority

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October 28, 1987

Opinion concerning whether the first twenty-five thousand dollars received by a municipality form the accommodations tax in each fiscal year is allotted to its general fund or whether this noted instance is a one-time allocation.

Requested by: William W. Dreyfoos, Esquire, City of Isle of Palms Attorney

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October 28, 1987

Opinion relating to compensation of the members of the Charleston County Aviation Authority, the governing body of the Charleston County Airport District.

Requested by: Edward D. Buckley, Esquire, Attorney for Charleston County Aviation Authority

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October 26, 1987

Opinion addressing a request that the South Carolina Attorney General’s Office re-examine a conclusion reached in an opinion dated August 3, 1987, regarding swimming pool inspection fees.

Requested by: Dwight F. Drake, Esquire

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October 26, 1987

Opinion concerning whether members of an employee grievance committee, established pursuant to S.C. Code Ann. §§8-17-110 through –160 (1976), for the City of Charleston, can include elected officials of the City Council.

Requested by: Frances I. Cantwell, Esquire, Assistant Corporation Counsel, City of Charleston

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October 23, 1987

Opinion concerning whether stamped signatures of public officials may be considered legally valid.

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

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October 23, 1987

Opinion concerning whether offenses sentenced pursuant to Section 44-53-420 are to be classified as “violent” offenses under the provision of Section 16-1-60.

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

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October 22, 1987

Opinion concerning prior opinions dealing with the minimum age of law enforcement officers in this State.

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

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October 21, 1987

Opinion in regards to a county ordinance involving burglar alarms, which states that upon 8 false alarms in within one year the sheriff’s department may request a magistrate issue a rule to show cause. Specifically addressing a magistrate’s ability to issue the referenced rule to show cause.

Requested by: Nancy E. Shealy, Staff Attorney, South Carolina Court Administration

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October 21, 1987

Opinion concerning whether there is any legal prohibition which would prevent the individual from being appointed to the governing commission of the Florence-Darlington Technical Education Center if their spouse is an employee at the center.

Requested by: The Honorable John William McLeod, Member, House of Representatives

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October 21, 1987

Opinion concerning whether a judge should continue to serve as public guardian in cases inherited from a predecessor, if the number of cases and amount of assets exceed the limit under the current code.

Requested by: The Honorable Geneva Dean, Judge of Probate, Orangeburg County

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October 16, 1987

Opinion concerning the applicability of the Home Rule Act to the Georgetown County Higher Education Commission.

Requested by: Ms. Jennie P. Saussy, Chairman, Georgetown County Higher Education Commission

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October 16, 1987

Opinion concerning whether an individual may serve simultaneously as a member of the City of Florence Housing Authority and as the South Carolina Aeronautics Commission without contravening the dual office holding prohibitions of the State Constitution.

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

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October 16, 1987

Opinion concerning the validity of a proposal policy of the Union County School Board of Trustees which would require all administrative level employees, assistant principals and above, to reside in Union County.

Requested by: Ms. Vicki Harris, School Board Trustee, Union County

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October 16, 1987

Opinion concerning whether the South Carolina Wildlife and Marine Resources Department acted properly in rescinding the 1975 easement without following procedures established by the Division of General Services relative to the disposal of State property and without obtaining permission of the State Budget and Control Board. Also addresses issues related to the States Freedom of Information Act, Section 30-4-10 et seq. of the of the Code, and if the proposed transaction violates Article III, Section 31 of the South Carolina Constitution.

Requested by: The Honorable Eugene D. Foxworth, Jr., Member, House of Representatives

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October 16, 1987

Opinion concerning the powers of the Bear Creek Watershed Conservation District with regard to a watershed project reservoir formed by impounding the waters of Bear Creek.

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

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October 15, 1987

Opinion on whether it is proper or legal for the Speaker of the House of Representatives, to approve expenditures of funds from the “House Approved Accounts” to pay expenses of women members of the General Assembly to attend meeting of the National Order of Women Legislators and black members of the General Assembly to attend meetings of the National Black Caucus of State Legislators.

Requested by: The Honorable Robert J. Sheheen, Speaker, House of Representatives

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October 15, 1987

Opinion on if there are any legal problems that may be anticipate if HIV testing a requirement for admissions to the Medical University of South Carolina Medical Center.

Requested by: Robert M. Sade, M.D., Medical Director, Medical University of South Carolina

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October 15, 1987

Opinion concerning the provisions for the term limits for election of members of the Board of Trustees of Dorchester School District 2.

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

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October 15, 1987

Opinion concerning the constitutionality of AIDS testing for county employees and county prisoners, especially those involved in prostitution.

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

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October 12, 1987

Opinion concerning the proviso to Commission on Higher Education’s Section of the 1987-88 Appropriations Act at §17. Specifically addressing the scope of representation given to four-year campuses of state supported colleges and universities.

Requested by: The Honorable Fred R. Sheheen, Commissioner, South Carolina Commission on Higher Education

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October 12, 1987

Opinion concerning whether Act No. 75 of 1987, which amended Section 34-11-70 of the Code, authorizes collection agencies to collect checks which they accept as endorsees, even though the agency knows the checks has been dishonored.

Requested by: Nancy E. Shealy, Staff Attorney, South Carolina Court Administration

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October 12, 1987

Opinion regarding the construction of Act No. 84 of 1987 which relates to penalties for operating a motor vehicle while the operator’s license to drive is cancelled, suspended, or revoked.

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

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October 9, 1987

Opinion concerning whether the optional retirement program for publicly-supported four-year and postgraduate institutions of higher education, created by Act No. 42 of 1987, applies to persons within the coverage group who were under employment prior to July 1, 1987.

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

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October 9, 1987

Opinion regarding whether continuants living in an area on either side of a national park can exclude the national park as part of the population density, but include the land in the incorporation.

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

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October 7, 1987

Opinion concerning whether the Horry County Legislative Delegation can legally transfer funds from the Water Resources Recreation Fund, created by §12-27-390, 1976 Code of Laws as amended, to the non-resident fishing license fund created by §50-9-460.

Requested by: The Honorable J. M. Long, Jr., Member, South Carolina Senate

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October 7, 1987

Opinion concerning whether the restructuring of the Laurens County Council long range planning commission changes a September 4, 1987 opinion, concluding that a member of the long-range planning commission would not be considered an office-holder.

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

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October 7, 1987

Opinion concerning the proper interpretation of §9-1-60, 1976 Code of Laws, which was added by Section 18, Part II of the 1987-88 State Appropriations Act.

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

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October 6, 1987

Opinion concerning whether the so-called “lost amendment” to the U.S. Constitution, which limits congressional pay raises, may be deemed ratified by South Carolina if the vote ratification process was concluded January 19, 1790.

Requested by: The Honorable Joe Wilson, Member, South Carolina Senate

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October 6, 1987

Opinion regarding whether South Carolina law permits state owned public school buses to be used to transport students to private schools at no charge.

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

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October 2, 1987

Opinion concerning the law requiring approval by the Chester County Legislative Delegation of all school tax increases levied by the Chester County Board of Trustees.

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

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October 2, 1987

Opinion concerning whether a referendum can be held to devolve upon the Chester County Council the authority to set school tax millage for Chester County.

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

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September 30, 1987

Opinion regarding the use of county road equipment on private property, private roads, and private driveways. Specifically addressing six issues: 1) If the use of county road equipment and the expenditure of county funds private property constitute a violation of Act 204 and Section 15-9 of the York County Code 2) If the use of county equipment and the expenditure of public funds on private property constitute a violation of applicable constructional provisions and standards established by case law. 3) If the provisions of subparagraph (c) of Act 304 of 1959 and Section 15-9 of the York Country Code, permit the council to enter into a contract with private property owners for the construction, paving, or maintenance of roads, and what standards and limitations apply to such contracts, 4) To what extent may county equipment be used on private roads that have been rendered impassable by weather conditions 5) If act 304 of 1959 unconstitutional. 6) Do exemptions in subparagraph (c) of Act 304 of 1959 and Section 15-9 of the York Country Code meet the requirements of the Constitution.

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

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September 29, 1987

Opinion regarding the State Law Enforcement Training Council’s authority to require completion of a recent recertification process, such as the refresher course required in the case where an individual has not had more than a three year break as a law enforcement officer.

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

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September 24, 1987

Opinion regarding the compensation to be paid to special referees or masters. This opinion also addresses whether such compensations may be retained by clerks of the court and probate judges.

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

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September 17, 1987

Opinion regarding a referendum to change the number of County Council Members and methods for their elections. Specifically, if a referendum called by a county council pursuant to Section 4-9-10(c) of the Code of Laws of South Carolina, which attempts to change the size and method of election of the council, will be handled by council by resolution, which requires one reading or by ordinance, which requires three readings and a public hearing. This opinion also addresses whether each voter must be given an option to keep the status quo for each proposed change.

Requested by: The Honorable Isadore E. Lourie, Senator, District No. 21

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September 16, 1987

Opinion concerning the effect the repeal of an enabling statute has upon the regulations that have been promulgated pursuant thereto.

Requested by: Buford S. Mabry, Jr., Esquire, Chief Counsel, South Carolina Wildlife & Marine Resources Department

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September 14, 1987

Opinion concerning whether a Health Services District created pursuant to Sections 44-7-2010 through 44-7-2130 and thereafter incorporated pursuant to Sections 22-7-2150 through 44-7-2157 of the South Carolina Code of Laws (1976, as amended), can then create, incorporate and own such for-profit and/or not-for-profit subsidiary corporations as the District may deem necessary to enable it to accomplish its corporate purposes.

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

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September 14, 1987

Opinion concerning whether a dual office holding situation exists if a member of the Beaufort County Election Commission simultaneously serves on the steering committee for fiscal autonomy for the Beaufort County schools.

Requested by: Mr. C. Somers Miller

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September 14, 1987

Opinion concerning the application of §16-17-495 to a custodial parent who takes a child, leaves the state, and thereafter does not comply with court-ordered visitation rights but is otherwise in compliance with the court order.

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

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September 10, 1987

Opinion concerning whether a dual office situation exists if a police officer with a commission from the City of Greenville simultaneously holds a State constable’s commission as a reserve officer.

Requested by: Captain E. H. Watson, Support/Services Commander, City of Greenville Police Department

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September 9, 1987

Opinion regarding the constitutionality of a proposed resolution by the Richland County Legislative Delegation, specifically of part (a) of said resolution. Part (a) would prevent the appointment to governing and advisory boards of individuals who hold membership in groups that limit membership based on race, sex, creed or color.

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

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September 8, 1987

Opinion concerning whether a dual office holding situation exists if a member of Horry County Council simultaneously serves on the board of directors of the Horry County Council on Aging, Inc.

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

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September 4, 1987

Opinion concerning whether a dual office holding situation exists if a school board trustee simultaneously accepts a county or state level appointment to another board with the Laurens County Long-Range Planning Committee, and the South Carolina Migratory Waterfowl Committee.

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

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September 3, 1987

Opinion concerning the applicability of Section 56-5-5150 of the Code to travel trailers.

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

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August 28, 1987

Opinion questioning should the Commission enforce the amendments to Section 12-19-70 that were provided in Section 9 of Part II of the 1987-88 Appropriations Bill.

Requested by: The Honorable S. Hunter Howard, Jr., Chairman, South Carolina Tax Commission; The Honorable John M. Rucker, Commissioner, South Carolina Tax Commission; The Honorable A. Crawford Clarkson, Jr., Commissioner, South Carolina Tax Commission

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August 28, 1987

Opinion regarding the limitations on bonded indebtedness imposed by Article X, section 15 of the State Constitution and other statutory provisions.

Requested by: The Honorable Terry E. Haskins, Member of House of Representatives

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August 27, 1987

Opinion regarding recent legislation, R252, which in part amends Section 56-5-2950 of the Code so as to provide a fifty dollar fee for administering chemical tests of the breath, blood, or urine of individuals arrested for driving under the influence.

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

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August 27, 1987

Opinion concerning whether Horry County, through its personnel policies, may require the employees of the Horry County Legislative Delegation to use a time clock.

Requested by: The Honorable J. M. Long, Jr., Senator, District No. 33

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August 27, 1987

Opinion regarding the application of the homestead exemption in regards to the designation of disability and ability of disabled person to claim retroactive exemptions.

Requested by: The Honorable Delorice B. Cox, Marlboro County Auditor

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August 26, 1987

Opinion concerning the liability of a state agency in the release information regarding archeological sites located on private land.

Requested by: Bruce E. Rippeteau, Director, South Carolina Institute of Archaeology and Anthropology

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August 25, 1987

Opinion concerning what county and municipal government employers whose employees are members of the System would be required to do if the Board were to rescind the June 23, 1987, action.

Requested by: Jesse A. Coles, Jr., Executive Director, State Budget and Control Board

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August 24, 1987

Opinion concerning whether an entity known as the Dogwood Hollow Condo Association is prohibited by the provisions of S.C. Code Section 12-7-285 from engaging in the sale of condominiums. Opinion operates under the assumptions that Dogwood is a non-profit corporation duly chartered under the provisions of Section 33.-31-10 et seq.

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

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August 20, 1987

Opinion concerning whether organizations presently holding bingo licenses are required to purchase new licenses as of September 1, 1987 or can they operate under their present licenses until they expire.

Requested by: The Honorable S. Hunter Howard, Jr., Chairman, South Carolina Tax Commission; The Honorable John M. Rucker, Commissioner, South Carolina Tax Commission; The Honorable A. Crawford Clarkson, Jr., Commissioner, South Carolina Tax Commission

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August 18, 1987

Opinion concerning whether certain property in York County has either reverted to Rock Hill School District No. 3 or must be held for the benefit of the geographical community coinciding with School District No. 3.

Requested by: Nolen L. Brunson, Esq., Hayes, Brunson & Gatlin

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August 11, 1987

Opinion regarding the University of South Carolina’s right and authority to retain the proceeds from the sale of its real estate.

Requested by: Paul Jerald Ward, System Vice President and General Counsel, System Legal Department, University of South Carolina

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August 11, 1987

Opinion concerning whether the Budget and Control Board would have the authority to rescind its recent action of lowering employer contributions to the Police Officers Retirement System by about three percent.

Requested by: Andrew Shealy, Chief of Police, City of Newberry

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August 11, 1987

Opinion concerning whether the Budget and Control Board would have the authority to rescind its recent action of lowering employer contributions to the Police Officers Retirement System by about three percent.

Requested by: The Honorable Carroll Campbell, Chairman, Budget and Control Board

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August 10, 1987

Opinion concerning whether the Highway Department would have the right to refuse an encroachment.

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

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August 10, 1987

Opinion concerning whether the South Carolina Office of Attorney General would continue to suggest as outlined in the August 8, 1985 opinion the development of a case or controversy whereby a court could be a declaratory judgment action review any proposed plan of operation concerning a correctional facility run by a private corporation.

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

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August 4, 1987

Opinion concerning how to calculate the level of the per pupil financial effort that must be maintained by Dorchester County School District 4, the district formed by the consolidation of Dorchester County School Districts 1 and 3.

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

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August 4, 1987

Opinion concerning the authority and power of private security guards to engage in “hot pursuit” of offenders away from the property that they are assigned to protect.

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

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August 4, 1987

Opinion concerning whether the Consolidated Procurement Code would apply to a lease agreement between a state agency and a private firm by which a state agency would obtain an energy utilization management system, and further where the lease would provide that the state agency would pay the private firm no more than the amount of money which the state agency would save by using the system.

Requested by: The Honorable T.W. Edwards, Jr., Member of House of Representatives

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August 3, 1987

Opinion on the obligations of a county treasurer; specifically, regarding the issuance of a paid receipt when taxes on a motor vehicle are paid. Further that the issuance of the receipt cannot be with held by action of the county.

Requested by: The Honorable Ted O. Wright, Lancaster County Treasurer

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August 3, 1987

Opinion regarding whether the elimination of four positions due to lack of funding is in conflict with the home rule act (Sections 4-9-10 et seq.).

Requested by: The Honorable Carrol G. Heath, Sheriff, Aiken County

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August 3, 1987

Opinion concerning whether Act No. 178 of 1987, which took effect on June 30, 1987, is effective to prohibit the charging by DHEC of inspection fees for swimming pools and restaurants.

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

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July 31, 1987

Opinion regarding the Department of Highways and Public Transportation Commission recently voting to increase the salaries of the Chief Highway Commissioner, the Secretary –Treasurer, and the State Highway Engineer. And the Commission’s authority to effect such salary actions without approval of the Agency Head Salary Commission and the Budget and Control Board.

Requested by: Jesse A. Coles, Jr., Ph.D., Executive Director State Budget and Control Board

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July 30, 1987

Opinion as to the status and interpretation of legislation establishing a Water Pollution Control Revolving Fund to provide grants for wastewater treatment and disposal projects.

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

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July 30, 1987

Opinion regarding a company located in Columbia that sells information to customers within the City of Camden, are they subject to the municipal license taxes of the City of Camden?

Requested by: John O. Ehrenclou, Esquire, Camden City Attorney

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July 27, 1987

Opinion referencing a provision in Act No. 799, 1952 Acts and Joint Resolutions, you have asked that this Office advise you as to the meaning to be accorded the provision.

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

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July 24, 1987

Opinion as to whether the “physical presence” requirements for in-state tuition rates must be met by military personnel who attempt to change their domicile to South Carolina while in military service elsewhere when such personnel were not residing in South Carolina immediately prior to entering service.

Requested by: Paul Jerald Ward, Esquire, General Counsel, System Legal Department, University of South Carolina

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July 24, 1987

Opinion asking whether a public body is required to keep verbatim minutes of its public meetings pursuant to the Freedom of Information Act, Section 30-4-10 et seq., Code of Laws of South Carolina (1986 Cum. Supp., as amended).

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

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July 23, 1987

Opinion asking whether one person may serve simultaneously as a part-time municipal judge and also as a part-time federal magistrate without contravening the dual office holding prohibitions of the State Constitution.

Requested by: Timothy E. Meacham , Esquire, Staff Attorney, City of Florence, Drawer AA, City-County Complex

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July 23, 1987

Opinion asking for the interpretation of Act No. 167 in light of the role of the school nurse or similar personnel in the distribution of contraceptive devices or medication.

Requested by: The Honorable Michael L. Fair, Member, House of Representatives

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July 16, 1987

Opinion concerning several questions in regard to the Freedom of Information Act.

Requested by: The Honorable Earle E. Morris, Jr., Comptroller General, State of South Carolina

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July 15, 1987

Opinion concerning the responsibility for drawing single-member district lines if a county so chooses to set up that type of voting pattern.

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

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July 14, 1987

Opinion as whether the Budget and Control Board has the authority to reduce the formula funding to counties and municipalities, appropriated in Section 125(I) of the 1987-88 Appropriations Act.

Requested by: The Honorable John C. Lindsay, Senator, District No. 28

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July 13, 1987

Opinion concerning §16-17-490, Contributing to the Delinquency of a Minor, and whether or not it should be regarded as unconstitutional or repealed by implication by the Legislature’s enactment of §61-9-40, Sale of Certain Alcoholic Beverages to Persona Under Age and §61-9-61, Transfer or Gift of Beer or Wine to a Minor.

Requested by: The Honorable Frank Powell, Richland County Sheriff

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July 2, 1987

Opinion regarding the position Chairman of Election Commission being open to an appointment by the Legislative Delegation.

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

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July 2, 1987

Opinion regarding an election for the office of Colleton County Veterans Affairs Officer.

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

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June 29, 1987

Opinion as to the effective date of the annexation of a portion of Charleston County to Colleton County.

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

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June 24, 1987

Opinion as to whether various statutes which authorize obstruction of the creeks entering into Brookgreen Gardens are constitutional in light of Article XIV, Section 4 of the South Carolina Constitution.

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

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June 23, 1987

Opinion as to whether teachers can transfer sick leave form the school districts in which they have been employed to the State Department of Education upon subsequent employment in that state agency.

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

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June 22, 1987

Opinion concerning your authority as sheriff in emergency situations.

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

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June 19, 1987

Opinion as to whether one may serve simultaneously on the Horry County Board of Voter and Registration and also a member of the Committee on Tourism and Trade without violating the dual office holding prohibitions of the State Constitution.

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

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June 19, 1987

Opinion as to any possible dual office holding or conflict of interest which might result of one individual should be employed as the chief staff attorney in the Florence Child Support office of the Department of Social Services while also serving as a part-time magistrate.

Requested by: The Honorable James L. Solomon, Jr., Commissioner, South Carolina

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June 19, 1987

Opinion asking several questions regarding refunds of property tax and penalty payments.

Requested by: Mr. Donald L. Eliason, Horry County Assessor

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June 19, 1987

Opinion asking does the county council levy the tax for payment of bond debt.

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

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June 19, 1987

Opinion questioning whether a pawnbroker could have a customer waive the ninety-day requirement for holding property pawned which is set forth in Section 40-39-110.

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

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June 17, 1987

Opinion asking may the Governor, as the Chief Executive Officer of the State and Chairman of the Budget and Control Board, unilaterally direct the Division of General Services to remove the Confederate Battle Flag.

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

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June 17, 1987

Opinion asking if a company contracts for an investigator, and puts the contract out on bid, would the individual who gets the contract have to be a licensed private investigator under our statute.

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

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June 15, 1987

Opinion on constitutionality of H-2592 (requires the name of an editorial writer to be printed with the editorial he writes in any newspaper published in South Carolina). Requested by The Honorable G. Ralph Davenport, Jr., Member, South Carolina House of Representatives. Read full opinion.

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June 15, 1987

Opinion as to the potential constitutional problems with respect to H.2592, a bill pending before the General Assembly which would require that the name of an editorial writer be printed with the editorial he writes in any newspaper published in this State.

Requested by: Member, House of Representatives

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June 15, 1987

Opinion asking whether in light of the provisions of Rule 77(d) notice of the entry of orders or judgments may be placed in these boxes or slots in lieu of mailing to attorneys by first class mail.

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

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June 15, 1987

Opinion as to the fee for recording a document releasing a portion of mortgaged premises, which you have noted is commonly called a mortgage release.

Requested by: The Honorable Edith R. Harris, Clerk of Court, McCormick County

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June 15, 1987

Opinion referencing the provisions of the 1987-88 Appropriations Act and asking whether the General Assembly intended for the $1575.00 salary supplement to be paid to a sheriff.

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

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June 15, 1987

Opinion as to whether two annuity corporations, apparently with similar if not identical ownership, constitute “two companies” within the meaning of § 9-17-20 (added 1987).

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

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June 12, 1987

Opinion as to whether S512 of 1987 [hereinafter R153 of 1987] provides retroactive authority for the South Carolina Court Administration to expend monies from the special fund created in § 4, Part I of Act 540 of 1986 [The Appropriations Act] for legal costs and fees incurred in court proceedings for commitment of alcohol and drug addicts pursuant to Chapter 52, Title 44 of the South Carolina Code.

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

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June 12, 1987

Opinion regarding whether the City can authorize transit by the handicapped to and from the beach on public highways by motorized carts and wheelchairs which do not otherwise meet the requirements for street use.

Requested by: Louis M. Cook, Esquire, North Myrtle Beach City Attorney

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June 11, 1987

Opinion as how to fill the office of Register if Mesne Conveyances in Aiken County due to the death of Mrs. Virgina Eargle, the incumbent.

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

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June 10, 1987

Opinion asking whether such a practice is permitted in a case before an administrative body; you are concerned that the accountant may in effect be practicing law.

Requested by: Elliott D. Thompson, Chairman, Alcoholic Beverage Control Commission

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June 8, 1987

Opinion as to the constitutionality of H.3092, R-196, which joint resolution prohibits deer hunting in designated areas of Dillon and Marlboro counties for a specified length of time.

Requested by: Mark R. Elam, Counsel to the Governor, Office of the Governor

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June 8, 1987

Opinion asking that this Office examine H.2792, R-197 and opine as to its constitutionality.

Requested by: Mark R. Elam, Counsel to the Governor, Office of the Governor

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June 5, 1987

Opinion asking whether an individual may purchase a casket or vault from a funeral home, without being in violation of the preneed burial contract laws, considering the specified regulations.

Requested by: The Honorable Nikki G. Setzler, Senator, District No. 26

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June 5, 1987

Opinion asking whether police officers employed by the Slater-Marietta Fire District and the Gantt Fire, Sewer and Police District, as authorized by the General Assembly, have been granted law enforcement authority by the enabling legislation, or whether such police officers must be commissioned as constables.

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

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June 3, 1987

Opinion relating to the arrest authority of personnel at the Richland County Detention Center.

Requested by: The Honorable Isadore E. Lourie, Member, House of Representatives

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June 3, 1987

Opinion asking assuming that the Judicial Screening Committee can conduct the screening process for the successor to Chief Justice Ness during October and November and assuming Justice Gregory is without opposition, can the Screening Committee then immediately begin to screen a successor for Justice Gregory.

Requested by: The Honorable Thomas E. Smith, Jr, Chairman, Joint Legislative Judicial

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June 2, 1987

Opinion regarding whether various situations were in violation of the provisions of this State’s Ethics Act.

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

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June 1, 1987

Opinion asking as to whether an individual presently serving on the Agriculture Commission may also simultaneously serve on a regional housing authority.

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

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June 1, 1987

Opinion asking whether it would be consistent with state law for you to serve on the Election Law Study Committee while you also serve on the Richland County Board of Assessment Appeals.

Requested by: Mr. William B. DePass, Jr.

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June 1, 1987

Opinion asking “may a municipality, by ordinance, regulate the times and days on which the game of bingo may be played?”

Requested by: The Honorable B.L. Hendricks, Jr., Member, House of Representatives

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June 1, 1987

Opinion asking may the same person simultaneously hold the position of County Attorney for Abbeville County and act as Public Defender for the Defender Corporation of Greenwood-Abbeville Counties?

Requested by: The Honorable Marion P. Carnell, Member, House of Representations

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June 1, 1987

Opinion asking to what taxing entity is the tax revenue from the increase in value of real property within a redevelopment project area allocated under the Tax Increment Financing Act.

Requested by: The Honorable Timothy F. Rogers, Member, House of Representatives

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May 28, 1987

Opinion inquiring when an act that must be precleared is effective, the date the Governor signs it or the date the Justice Department preclears the act.

Requested by: James L. Bridges, Esquire, Deputy County Attorney

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May 26, 1987

Opinion questioning whether an individual who is certified public accountant and employed as an accounting manager at Benedict College is qualified to be a member of the State Legislative Audit Council.

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

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May 26, 1987

Opinion asking whether the county tax millage to be applied to motor vehicles in calendar year 1986 was to include the millage levied in 1895 for the debt service. And whether the County Council had the right to eliminate the levy of the tax for the hospital debt. ”

Requested by: The Honorable Marshall B. Williams, Chairman, Senate Judiciary Committee

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May 22, 1987

Opinion as to the constitutionality of H. 3119, R-157, which act sets the millage for several agencies, special purpose districts, and commissions located within Charleston County.

Requested by: Mark Elam, Counsel to the Governor, Office of the Governor

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May 21, 1987

Opinion regarding the no-smoking ordinance recently adopted by the Richland County Council and advise the Commission as to the authority of Council to adopt such an ordinance; the constitutionality of such an ordinance; and what effect the ordinance would have on special purpose districts such as the Richland County Recreation Commission.

Requested by: The Honorable Michael L. Harlan, Director, Richland County Recreation Commission

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May 21, 1987

Opinion regarding Act No. 218 of 1981 which amended Act No. 1080 of 1966 and what is meant by the phrase “fiscal year.”

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

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May 21, 1987

Opinion concerning the promotion eligibility of students and the provision of remedial education to them.

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

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May 21, 1987

Opinion regarding the validity of two ordinances of the Town of Wagener.

Requested by: The Honorable Marvin L. Baughman, Mayor, Town of Wagener

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May 19, 1987

Opinion inquiring as to the effect of, the act of the General Assembly regulating the interbasin transfer of water, Act. No. 90 of 1985, upon Act No. 84 of 1963 and Act No. 835 of 1956.

Requested by: The Honorable Peden B. McLeod, Senator, District No. 45

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May 15, 1987

Opinion as to whether such bonded indebtedness limitations as that in Art. X, Section 15 apply only to principal or whether they were intended to count both principal and interest toward the limitation.

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

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May 14, 1987

Opinion asking can a school board member serve on a local school board and live not only out of the district he represents, but out of the country? And, can a legislative delegation or a member thereof request a copy of the expenditures of the school districts represented by the delegation?

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

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May 14, 1987

Opinion referencing the laws relative to Watershed Conservation Districts and the effect of the Home Rule Act as to taxation authority of such districts created before and after the adoption of the Home Rule Act, Act No. 283 of 1975.

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

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May 14, 1987

Opinion regarding a purchaser of property at a tax sale acquires the title thereto without warranty and buys at his own risk.

Requested by: The Honorable T. Ed Garrison, Senator, The Senate of South Carolina

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May 12, 1987

Opinion concerning the quorum and attendance by proxy at Commission meetings.

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

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May 12, 1987

Opinion asking is real property subject to taxation when less than a perpetual easement is donated to the State Under the South Carolina Scenic Rivers Act.

Requested by: Buford S. Mabry, Jr., Esquire, S.C. Wildlife & Marine Resources Department

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May 12, 1987

Opinion asking to examine Act No. 544, 1955 Acts and Joint Resolutions, creating the Oconee County Water Authority, and advise you as to the possibility of implementing these provisions now, in light of the Home Rule Act adopted subsequent to Act No. 544.

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

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May 12, 1987

Opinion as to whether certain bonds issued by the Greenville County School Districts in 1987 should be counted toward the 8% bonded indebtedness limit imposed by Article X, Section 15(6) of the South Carolina Constitution.

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

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May 12, 1987

Opinion as to whether the Governor may appoint individuals to the magisterial positions after the General Assembly has adjourned.

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

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May 12, 1987

Opinion as to legality of a municipality’s policy of requiring property owners adjacent to the municipality to agree to annex into the municipality before water or other services will be provided to the property.

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

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May 11, 1987

Opinion as to whether or not your interpretation is correct that regardless of whether or not a placement fee was paid by a prospective employee or employer to a personnel placement service, a prorated refund should be given to either the prospective employee or employer should the position end in less than ninety days.

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

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May 11, 1987

Opinion as to the applicability of the South Carolina Consolidated Procurement Code to the construction of the Koger Center by the Carolina Research and Development Foundation, Inc. (hereinafter sometimes “the Foundation”), and the subsequent lease back of the Koger Center to the University of South Carolina.

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

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May 7, 1987

Opinion as to the legality of the Town of Irmo paying a portion of the expenses to be incurred in an effort to annex a portion of Richland County to Lexington County.

Requested by: The Honorable David A. Wright, Mayor, Town of Irmo

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April 30, 1987

Opinion as to whether the revenues of the South Carolina Public Service Authority (hereinafter “the Authority”) are subject to appropriation by the General Assembly.

Requested by: C.H. McGlothlin, Jr., General Counsel, Santee Cooper

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April 30, 1987

Opinion asking several questions pertaining to the arrest authority of private security guards.

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

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April 30, 1987

Opinion as to the legality of the Town of Irmo paying a portion of the expenses to be incurred in an effort to annex a portion of Richland County to Lexington County.

Requested by: The Honorable David A. Wright, Mayor, Town of Irmo

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April 29, 1987

Opinion asking should the Treasurer of Chester County disburse to the various entities that levy a tax on property situate therein that part of the proceeds from the sale of the property for nonpayment of the taxes.

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

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April 27, 1987

Opinion as to whether the licensing requirements of the Fire Protection Sprinkler Systems Act, Act No. 188 of 1985 (hereinafter “the Act”), codified at §23-45-10, et seq., S.C. Code, 1976 (as amended), would apply to a registered professional engineer who designs fire protection sprinkler systems.

Requested by: Representative T. Moffat Burriss, Labor, Commerce and Industry Commission, House of Representative

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April 24, 1987

Opinion asking several questions regarding a county or political subdivision of South Carolina paying for expenses with public funds.

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

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April 24, 1987

Opinion asking several questions regarding a grant from the United States Department Economic Development (EDA) requiring a 25 year security interest (first mortgage) be placed on the property to be renovated and a lien on the film training equipment which is to be purchased from proceeds of the grant.

Requested by: Charles W. Branch, President, Trident Technical College

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April 24, 1987

Opinion as to the constitutionality of H.2076, which will provide for election of the governing body for the North Charleston District in Charleston County.

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

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April 22, 1987

Opinion as to whether certain provisions of S. 340 would be constitutional.

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

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April 22, 1987

Opinion on whether the 25% penalty provided by Section 42-9-260, Code of Laws of South Carolina, 1976 (1986 Cum. Supp.) is to be paid to the employee or to the Workers’ Compensation Commission.

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

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April 21, 1987

Opinion as to the authority of the Dorchester County Legislative Delegation to establish the office of Register of Mesne Conveyances for Dorchester County.

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

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April 21, 1987

Opinion asking can a County Treasurer invest surplus funds in mutual funds including those principally holding securities of the Federal Government.

Requested by: The Honorable Clyburn L. Nichols, Treasurer of York County

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April 20, 1987

Opinion as to whether the State Legislature and the State Department of Education can mandate the implementation of programs on the school district level without providing State funds for them, thus, making necessary the use of local funds.

Requested by: Bruce E. Davis, Esquire

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April 20, 1987

Opinion on dual office holding (county coroner and hold the position of director of Emergency Medical Services). Requested by Patrick L. Davis, Esquire, Attorney for Lancaster County. Read full opinion.

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April 16, 1987

Opinion as to whether military personnel domiciled in South Carolina must actually reside in this State to be entitled to in-state tuition rates.

Requested by: Paul J. Ward, General Counsel, System Legal Department, University of South Carolina

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April 15, 1987

Opinion as to the constitutionality of an activity held at a public high school.

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

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April 14, 1987

Opinion answering the method for calculating “two calendar years” pursuant to Section 14-7-250 of the Code where an individual who serves as a juror must be set aside “…until the first revision of the jury list provided for after they have been so drawn, to the end that no question shall serve as a juror more than once in two calendar years.”

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

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April 14, 1987

Opinion questioning whether the offense of breach of trust with fraudulent intent where the value of the property involved is more than fifty dollars but less than two hundred dollars is triable in a magistrate’s court.

Requested by: The Honorable C. Albert Johnson, York County Magistrate

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April 13, 1987

Opinion questioning whether administrative inspection warrants must conform to search warrant forms as approved by this Office pursuant to Section 17-13-160 of the Code.

Requested by: The Honorable Michael R. Davis, Richland County Magistrate

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April 13, 1987

Opinion as to whether a school district may terminate teachers for the reason alone that the teachers hold “B” and “C” grade teaching certificates.

Requested by: The Honorable Herbert U. Fielding, Member, South Carolina State Senate

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April 9, 1987

Opinion questioning whether the taking of an illegitimate child by the putative father from the child’s natural mother without permission and where paternity has neither been acknowledged nor adjudicated would constitute kidnapping within the prohibitions of Section 16-3-910 of the Code.

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

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April 9, 1987

Opinion as to procedures for filling vacancies on the boards of trustees of Spartanburg County.

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

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April 9, 1987

Opinion questioning whether current state statutes authorize county narcotics officers, such as those employed by a sheriff’s department, to have statewide jurisdiction.

Requested by: The Honorable Donna A. Moss, Member, House of Representatives

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April 9, 1987

Opinion as to the authority of the Marion County Board of Education to make changes in school district boundaries.

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

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April 9, 1987

Opinion questioning whether only a sheriff or deputy sheriff is empowered to serve process originating from the family court, the Department of Social Services, the Department of Youth Services, and the clerk of court.

Requested by: L. L. Hector DeBruhl, Sheriff, County of Kershaw

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April 8, 1987

Opinion as to the power of the General Assembly to enact proposed legislation which would grant certain tidelands in Georgetown County to Brookgreen Gardens.

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

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April 7, 1987

Opinion asking what agency of State government has the authority to regulate or control advertising by proprietary schools of real estate. And is Section 105-200 of the Rules and Regulations of the S.C. Real Estate Commission a valid regulation?

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

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April 7, 1987

Opinion as to the constitutionality of a proposal that, upon request of a county council, the sheriff (jail custodian) shall furnish county prisoners to pick up litter along the highways and have a sentence reduction.

Requested by: The Honorable Ryan C. Shealy, Senate District No. 24

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April 7, 1987

Opinion on whether you might serve as a member of the State College Board of Trustees simultaneously with your employment by the Child Support Unit of the South Carolina Department of Social Services as a chief investigator.

Requested by: Ms. Hilda D. Gadsden

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April 2, 1987

Opinion asking may Aiken County allocate public finds to civic organizations or assist in the construction or installation of permanent structures on property not owned by the County, for recreation purposes. And may Aiken County provide prisoners or county maintenance personnel or equipment to collect trash and remove unsightly vegetation.

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

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March 31, 1987

Opinion asking several questions regarding Union County Council supervisor personnel issues.

Requested by: William E. Whitney, Jr., Esquire, Union County Attorney

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March 31, 1987

Opinion inquiring as to the possibility of a conflict of interest or dual office holding if one were to serve on the Cherokee County Mental Retardation Board and as a mayor of a municipality or as a member of a county council.

Requested by: J. Arthur Bridges, Jr., NHA, Administrator, Habilitation Services

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March 30, 1987

Opinion clarifying Opinion No. 2455, dated May 20, 1968, which stated that a rural community water district could not be dissolved or abolished without an act of the General Assembly.

Requested by: Timothy J. Trost, Esquire

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March 27, 1987

Opinion asking whether members of the Board of Trustees of South Carolina State College must be residents of the State of South Carolina and, if so, currently residing in South Carolina.

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

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March 26, 1987

Opinion referencing the state of South Carolina which states that extramarital sexual intercourse is illegal.

Requested by: The Honorable Michael L. Fair, Member, House of Representatives

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March 25, 1987

Opinion asking whether a county council may adopt an ordinance, emergency or otherwise, to restrict transportation through the county, or to prevent disposal within landfills in the county, of hazardous waste materials.

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

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March 24, 1987

Opinion asking does the District have the authority to loan 1.8 million to the City of Anderson, at eight percent interest for twenty years, without a referendum in the District? And does the District have authority to require some property owners wishing to be served by the District to annex into the District and become subject to taxation prior to being served by the District?

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

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March 23, 1987

Opinion asking several questions regarding write-in votes during a municipal nonpartisan election.

Requested by: Fred Thompson, III, Esquire, Attorney, Town of Mount Pleasant

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March 23, 1987

Opinion as to whether the second paragraph of a proposed amendment to Section 40-3-120 (Section 6 of Senate Bill 173) is constitutional.

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

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March 23, 1987

Opinion as to whether one person may serve simultaneously as a magistrate 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 John W. Matthews, Jr., Member, South Carolina Senate

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March 20, 1987

Opinion as to the validity of the approval of a bond issue approved by Dorchester County School District 1 on February 24, 1987.

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

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March 19, 1987

Opinion as to whether it is constitutional for South Carolina Electric and Gas Company to operate a commercial construction company in its utility service area.

Requested by: The Honorable Mickey Burriss, Representative, District No. 80

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March 19, 1987

Opinion related to H. 2601 and H. 2623 concerning the application and procedures for death penalty sentencing in South Carolina.

Requested by: The Honorable Roland S. Corning, Member, House of Representatives

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March 19, 1987

Opinion as to whether local contributions for school district fringe benefit expenditures may be counted in meeting Education Finance Act (EFA) audit standards.

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

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March 18, 1987

Opinion questioning whether yours officers could pursue a vehicle into Aiken County, staying within the three-mile ratio set forth in Section 17-13-40 of the South Carolina Code of Laws, and still make a legal arrest.

Requested by: Chief John E. Bell, Williston Police Department

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March 17, 1987

Opinion asking if your country could use its “C” construction funds to correct a “drainage problem” and “safety hazard.”

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

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March 16, 1987

Opinion relating to the disposition of a sum of money derived from drug forfeitures and maintained in a special account with the State Treasurer.

Requested by: Mr. Larry C. Batson, Legal Advisor, South Carolina Department of Corrections

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March 16, 1987

Opinion concerning whether or not the South Carolina Department of Corrections can, for its internal classification purposes, place inmates convicted of criminal sexual conduct in the third degree (an offense defined by the General Assembly as non-violent) in a classification category with offenses defined as violent pursuant to S.C. Code Ann. §16-1-60 (1986 Supp.).

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

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March 13, 1987

Opinion asking several questions regarding denying a license to sell liquor to an organization which discriminates on the basis of race, sex or religion.

Requested by: Elliott D. Thompson, Chairman, Alcoholic Beverage Control Commission

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March 10, 1987

Opinion as to the constitutionality of S.43, which proposes to amend Section 4-9-10 of the Code of Laws of South Carolina (1976).

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

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March 10, 1987

Opinion as to whether the citizens of Lancaster County have a right of access to a watershed lake when the County owns property adjoining the lake.

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

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March 5, 1987

Opinion asking does a county council under the council-administrator form of government have the authority to appoint an internal auditor, or does that appointment power fall solely within the authority of the county administrator.

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

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March 5, 1987

Opinion clarifying the term of appointment for one of the members of the board of the Department of Parole and Community Corrections.

Requested by: Mr. Thomas J. Cleary, Interim Executive Director, South Carolina Department of Parole and Community Corrections

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March 5, 1987

Opinion regarding filling the vacancy in the North Greenville Fire District for the term of which more than five years are remaining due to the resignation of a commissioner.

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

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March 3, 1987

Opinion asking for guidance from this office in resolving an apparent conflict between a statute concerning a residential group home to be built in the City of Clinton and a provision of the Standard Building Code adopted by the City.

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

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March 3, 1987

Opinion asking about the proper method to fill the vacancy of a Horry County Council member.

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

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February 26, 1987

Opinion summarizing applicable state and federal laws on the issue of whether a cemetery can have a rule which prohibits individual monument dealers from installing monuments in cemeteries for consumers.

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

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February 25, 1987

Opinion regarding H. 2012, concerning cemeteries and its constitutionality. Specifically, if there is a possible violation of the Establishment Clause of the United States Constitution (separation of church and state).

Requested by: The Honorable Robert O. Kay, Member, House of Representatives

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February 25, 1987

Opinion concerning the Homeland Park Water District.

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

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February 25, 1987

opinion asking whether the Capital Expenditure Fund is fully funded according to the provisions of Section 11-11-310, Code of Laws of South Carolina (as revised by Part II, Section 47 of Act. No. 540 of 1986), and state law is otherwise complied with, a member of the Ways and means Committee may recommend that whatever money is freed up be spent for items on a priority list (such as higher education, pay raises for state employees, and so forth).

Requested by: The Honorable John G. Felder, Member, House of Representatives; The Honorable Patrick B. Harris, Member, House of Representatives

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February 24, 1987

opinion asking whether Richland County is authorized to enact a zoning and licensing ordinance that provides for regulation of “adult hotels and motels.”

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

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February 24, 1987

opinion asking whether or not it is illegal for an out-of-state physician, who does not have a license or credentials for our State, to enter our State and remove organs from patients.

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

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February 23, 1987

Opinion asking whether political subdivisions such as Colleton County or the City of Walterboro may place certain stipulations on allocations or appropriations made to the Walterboro-Colleton-County-County Recreational District.

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

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February 23, 1987

opinion asking whether §24-25-720 (7) of the Code of Laws of South Carolina, 1976, as amended, requires the Board of Trustees of the Palmetto Unified School District #1 (Palmetto) to pay its teachers salaries consistent with the minimum salary schedule for teachers in other school districts.

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

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February 23, 1987

Opinion as to whether a member of the Board of Trustees of Spartanburg County School District Seven may be paid for substitute teaching in that district’s school system.

Requested by: Frank A. Lyles, Esquire

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February 23, 1987

Opinion concerning the salary of the Executive Director of the Patient’s Compensation Fund. Specifically, if he should maintain his salary of $45,000 and if it is necessary to reduce the salary of the Executive Director, is the maximum amount of the assigned pay range correct or would the midpoint of that range be correct.

Requested by: Phyllis M. Mayes, Director, Division of Human Resource Management

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February 18, 1987

Opinion questioning is it proper legally for the Budget and Control Board, under the terms of Code Section 2-47-50 and in view of the provisions of Part I, Section 130, of Act 540 of 1986, to approve the establishment of any permanent improvement project which proposes to abate asbestos in or to remove asbestos from any dormitory facilities of any State institution of higher learning using capital improvement bond proceeds authorized in Act 538 of 1986 or in any other Act as the source of funds for such project.

Requested by: Jesse A. Coles, Jr., Ph.D., Executive Director, State Budget and Control Board

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February 12, 1987

Opinion questioning the constitutionality of Section 50-21-610 of the Code asserting that such appears to be an unlawful delegation of legislative authority.

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

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February 10, 1987

Opinion requesting a definition of adequate education under the Education of All Handicapped Children Act (The Act – 20 USC 1401 et seq. (PL. 94-142)).

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

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February 10, 1987

Opinion questioning the location for a jury trial in a magistrate’s court.

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

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February 6, 1987

Opinion questioning the status of two individuals presently serving as magistrates in Dorchester County, namely, Mr. Holcombe Bell and Rev. Robert Leeper.

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

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February 6, 1987

Opinion questioning whether the City of Isle of Palms is required by statute to pay jurors for their service in its municipal court.

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

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February 5, 1987

Opinion asking what effect would Code Section 58-17-160 have upon an effort by a railroad to remove an existing line through incorporated towns in Marlboro County of 500 residents or more.

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

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February 5, 1987

Opinion referencing that Section 19-19-10 of the Code which provided for the payment of witness fees, plus mileage, for persons summoned to testify in civil cases in the court of common pleas and in magistrate’s court was specifically repealed by Act No. 100 of 1985.

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

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February 5, 1987

1987 Opinion asking several questions in regards to filling two vacancies on the governing body of the Daniel Morgan Rural Community Water District (referred to as the District).

Requested by: The Honorable Harvey S. Peeler, Jr., Senator, District No. 14; The Honorable Donna A. Moss, Member, House of Representatives; and The Honorable Olin R. Phillips. Member, House of Representatives

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February 3, 1987

Opinion as to whether, in response to a reduction in appropriations under the Education Finance Act (EFA – §59-20-10 et seq. of the Code of Laws of South Carolina, 1976) a school district may proportionately relax the 21-1 ratio in grades one through three required by §59-20-40 (5) of the EFA.
Requested by: The Honorable James W. Johnson, Jr., Member, House of Representatives

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February 3, 1987

Opinion asking several questions about levying taxes and provision of fire services when a portion of the Westview-Fairforest Fire District has been annexed into the City of Spartanburg.

Requested by: Edwin C. Haskell, III, Esquire, Assistant County Attorney, Spartanburg County Attorney

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February 3, 1987

Opinion asking is this Office to review a proposed Richland County ordinance introduced on December 16, 1986, that, among other things, provides for the licensing and regulation of sexually oriented businesses.

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

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February 3, 1987

Opinion asking is the penalty provided by Section 12-45-180 to be applied to late payments of assessments issued pursuant to Section 58-3-100.

Requested by: Mr. Michael Horton, Senior Assistant Comptroller General

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February 3, 1987

Opinion questioning what animals are included in Sections 16-27-10 et seq. of the Code, the codified provisions of the recently-enacted “Animal Fighting and Baiting Act” (hereafter “the Act”).

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

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February 2, 1987

Opinion clarifying the South Carolina law relative to service of process upon a dissolved domestic corporation.

Requested by: The Honorable John H. Waller, Jr., Judge, Twelfth Judicial Circuit

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January 30, 1987

Opinion asking whether the Budget & Control board has the authority to divert the contributions for the Group Life Insurance Program to the Retiree Health Insurance Programs for the period July 1, 1987 through June 30, 1988.

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

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January 28, 1987

Opinion asking whether voting precinct boundaries as established by the General Assembly are automatically amended by annexation of property into a municipality, where precinct boundaries contain references to city limits.

Requested by: Kelly F. Zier, Esquire, City of Attorney, City of North Augusta

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January 27, 1987

Opinion questioning the jurisdiction of the magistrate’s court as to cases brought pursuant to the recently-enacted State Residential Landlord and Tenant Act which has been codified as Sections 27-40-10 et seq. of the Code.

Requested by: The Honorable William P. Steele, Jr., Anderson County Magistrate

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January 27, 1987

Opinion questioning the responsibility of a landlord in providing the written notice specified in Section 27-40-710 (b) of the Code, a provision of the recently-enacted State Residential Landlord and Tenant Act.

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

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January 26, 1987

Opinion asking if merchants are required to return inventory for assessment and taxation for the 1988 and subsequent years and is an application for the exemption of the inventory required for such years.

Requested by: Mr. Guy A. Pitts, Jr., Director Property Division

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January 23, 1987

Opinion asking who has the authority to hire directors of the local community mental health centers (centers) around the state, the community mental health boards (community boards) or the State Department of Mental Health (DMH).

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

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January 23, 1987

Opinion asking whether of not incorporation of Seabrook Island would require that the public be afforded greater access to this area that is presently allowed.

Requested by: The Honorable Sam Applegate, Member, South Carolina Senate, Suite 613

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January 22, 1987

Opinion asking if the exemption provided by Section 23-37-450 afforded when the return required by Section 12-37-970 is untimely.

Requested by: The Honorable S. Hunter Howard, Jr., Chairman, South Carolina Tax Commission

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January 21, 1987

Opinion asking whether the recent amendments to the Age Discrimation in Employment Act (29 U.S.C. § 621 et seq.) now prohibit this State from enforcing its mandatory retirement requirement with respect to directors of the Public Service Authority.

Requested by: The Honorable E. Crosby Lewis, Member, House of Representatives

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January 21,1987

Opinion asking whether the recent amendments to the Age Discrimation in Employment Act (29 U.S.C. § 621 et seq.) now prohibit this State from enforcing its mandatory retirement requirement with respect to directors of the Public Service Authority.

Requested by: The Honorable E. Crosby Lewis, Member, House of Representatives

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January 21, 1987

Opinion asking to review a prior opinion issued August 30, 1978 and
Reaffirmed on June 28, 1983 which concluded that a regulation promulgated by the Board of Architectural Examiners which forbids competitive bidding among architects is not entitled to the “state action exemption first recognized by the United States Supreme Court in Parker v. Brown, 317 U.S. 341 (1943), because of two recent cases the by the United State Supreme Court. See, Town of Hallie v. City of Eau Claire, 471 U.S. 34, 85 L.Ed.2d 24 (1985) and Southern Motor Carriers Rate Conference, Inc. v. U.S., 471 U.S. 48, 85 L.Ed.2d 36 (1985).

Requested by: F. Earle Gaulden, Chairman, South Carolina State Board of Architectural Examiners

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January 20, 1987

Opinion regarding H. 2083 and its constitutionality. Specifically, the bill would require a county governing body to change the size or manner in which members of a special purpose or public service district are selected if requested by resolution of the district.

Requested by: The Honorable Paul E. Short, Jr., Chairman, Special Laws Subcommittee, Judiciary Committee

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January 19, 1987

Opinion concerning the zoning ordinance of the Town of Fountain Inn. Specifically, if Town Council has the right under Article 2 of the zoning ordinance to bring in property through annexation as R-M Multiple family, or must customary procedures for zoning amendments in Article 12 be followed. Also, if Town Council annex property by ordinance, bringing it in as R-16 Residential District without following customary zoning amendment procedures.

Requested by: Paul E. Gault., Jr., Esquire, Gross & Gault

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January 16, 1987

Opinion questioning whether an individual can use the title of respiratory therapist or respiratory therapist technician if he is not licensed by this State.

Requested by: John Evans, RRT, Respiratory Therapy Coordinator, Florence-Darlington Technical College

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January 15, 1987

Opinion concerning the difficulty in determining what constitutes an unlawful weapon and to what extent it may be carried on the person. Also asks whether having a weapon in an automobile is considered as having it on the person.

Requested by: The Honorable David Lyle, Judge, Rock Hill Municipal Court, City of Rock Hill Law Center

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January 15, 1987

Opinion asking whether, under existing law, a member of the Lee County Board of Education is prohibited from receiving pay for teaching an adult education course at the Lee County Vocational School.

Requested by: Jacob H. Jennings, Esquire

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January 15, 1987

opinion asking if any of the proceeds from the accommodations tax be expended to replace sand that has been removed by storms and high tides from the public beaches of this State.

Requested by: The Honorable William N. Cork, Member, House of Representatives

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January 14, 1987

Opinion regarding Act No. 536 of the 1986 South Carolina State Code.
Specifically, does Act No. 536 prohibit the Dorchester County Board of Education from providing any information to the Department of Justice?

Requested by: James A. Bell, Esquire and Kenneth L. Childs, Esquire

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January 13, 1987

Opinion asking if under existing federal or state law, must South Carolina judges retire at age 72?

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

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January 13, 1987

opinion asking the constitutionality of two proposed bills dealing with airboats inasmuch as the bills limit the operation of airboats on specific waters of this State.

Requested by: The Honorable Eugene D. Fosworth, Jr., Member, House of Representatives

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January 13, 1987

opinion asking the constitutionality of two proposed bills dealing with airboats inasmuch as the bills limit the operation of airboats on specific waters of this State.

Requested by: The Honorable Eugene D. Fosworth, Jr., Member, House of Representatives

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January 13, 1987

opinion asking who would have the authority to issue an emergency order relative to beach or shore conditions at critical areas, so that it would be unnecessary to apply to the South Carolina Coastal Council for a permit ordinarily required by state law when a critical area is to be utilized.

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

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January 12, 1987

opinion asking whether the outgoing probate judge has authority to continue in office until the sheriff, as his successor, has qualified.

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

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January 8, 1987

opinion asking whether emergency regulation 43-269 of the State Board of Education (Board) concerning the promotion of students also prescribes scholastic standards of achievement.

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

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January 8, 1987

1987 opinion regarding the legality of a probate judge serving as a special referee in certain cases. Specifically, may the probate judge by appointed by order of the Circuit Court or Clerk of Court as a special referee in a particular case under a written order of reference?

Requested by: Honorable Curtis G. Clark, Assistant Probate Judge

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January 8, 1987

opinion asking whether clerks of courts may receive, as personal income, commissions for the sale of South Carolina Tax Commission documentary stamps.

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

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January 8, 1987

opinion asking whether the 1961 legislative act which created the office of the county attorney for Dorchester County may be modified by Dorchester County Council and whether restrictions may be placed upon the county attorney as to which county agencies he is to represent. Opinion also asks whether, under the council-administrator form of government, Dorchester County Council or the county administrator would be the appropriate entity to hire the county attorney.

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

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January 6, 1987

opinion asking whether the functions of the Committee appointed pursuant to Section 14-3-820 of the Code of Laws of South Carolina (1976) would fall within the scope of the South Carolina Consolidated Procurement Code, Section 11-35-10 et seq., supra.

Requested by: Richard J. Campbell, Division of General Services, Budget & Control Board

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Columbia, SC

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