1988 Opinions

December 30, 1988

Opinion concerning whether the Supreme Court could issue its writ of mandamus directing the General Assembly to ratify by legislative enactment a referendum altering the Charleston-Berkeley County line pursuant to the language of §4-5-220, Code of Laws of South Carolina (1976, as amended).

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

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December 29, 1988

Opinion concerning any potential constitutional problems with respect to S-724, a Bill which was pending before the General Assembly that would have allowed the South Carolina Department of Highways and Public Transportation to finance the cost of construction and maintenance of toll roads or bridges with the “State Highway Fund.”

Requested by: J. G. Rideoutte, Executive Director, Department of Highways & Public Transportation

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December 28, 1988

Opinion concerning whether a penalty provision applies to school districts that do not comply with the teacher incentive program. This program uses funds appropriated by the Legislature to provide for rewards to teachers who demonstrate superior performance and productivity.

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

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December 28, 1988

Opinion reviewing the Office’s previous Opinions concerning the appointment authority for the Georgetown County Higher Education Commission.

Requested by: Jack M. Scoville, Jr., Esquire

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December 22, 1988

Opinion referencing that Act No. 572 of 1960 provides for four year terms of office for Lexington County magistrates which expire on December 31, 1988 and that Act No. 678 of 1988 provides for four year terms which commence on May 1, 1991; and addressing what term of office magistrates should be appointed for until 1991 and pursuant to what legislation. This opinion also addresses whether there will be a vacancy December 31, 1988 or if the current term will be extended by the 1988 legislation.

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

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December 22, 1988

Opinion relating to the procedures required during supplemental hearings held to determine whether a mental patient’s outpatient treatment placement should be revoked and the patient be involuntarily confined to a mental health facility for further inpatient treatment; and also regarding whether expert testimony or evidence is required to support a revocation decision rendered at the supplemental hearing.

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

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December 22, 1988

Opinion concerning whether the state supplement to the salaries of probate judges should be considered a part of the base salary counties are required to pay; if the county provides cost to living supplements to other employees and whether judges are entitled to the same benefits; and for counties whose fiscal year does not coincide with the state fiscal year, when salary increases to master-in-equity salaries made necessarily by increases in circuit judges salaries should become effective?

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

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December 22, 1988

Opinion regarding provisions of recently-enacted Act No. 678 of 1988 which will become effective January 1, 1989.

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

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December 22, 1988

Opinion concerning that part of the Home Rule Act, Act No. 283 of 1975, which required county councils to furnish office space for the count legislative delegations and which was not codified in the 1976 Code of Laws of South Carolina.

Requested by: Peter D. Hyman, Esquire

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December 21, 1988

Opinion clarifying when officers can enter a private apartment complex in performance of their duties and whether there is any type of expectation of privacy rights which would prohibit a deputy from entering private property where a security guard refused to allow entry.

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

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December 21, 1988

Opinion answering the question: when is a person required to file an application for the exemption of a licensed motor vehicle from ad valorem taxation?

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

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December 21, 1988

Opinion advising that there is interest in founding a county housing authority in Georgetown County. The City of Georgetown already has a housing authority; and asking about the procedure to have only one housing authority in the county.

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

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December 20, 1988

Opinion concerning whether an arrest warrant is a sufficient basis to search a residence for the individual named in the arrest warrant or if a search warrant is also necessary.

Requested by: D. M. Bridges, Chief, Greenville Police Department

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December 16, 1988

Opinion regarding when the term of office commences for the Dorchester County Register of Mesne Conveyances.

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

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December 16, 1988

Opinion concerning whether an individual, as temporary chairman, may convene the Delegation and take up other items on the agenda, not related to the selection of officers, prior to the selection of more permanent Delegation officers, if a consensus regarding officers is not reached.

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

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December 12, 1988

Opinion referencing Section 26 of Act No. 532 of 1988, the “Highway Safety Act”, which provides for the confiscation and foreiture of a motor vehicle driven by an individual convicted of a fourth or subsequent violation within the last ten years of driving while his license is cancelled, suspended or revoked for a fourth or subsequent violation within the last ten years of operating a motor vehicle while under the influence of intoxicating liquor or drugs; questioning whether a filing fee should be charged at the confiscation stage, the forfeiture stage, or both.

Requested by: Nancy E. Shealy, Esquire

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December 9, 1988

Opinion concerning a magisterial vacancy in Marion County which was caused by the death of Mr. H.E. Turbeville who served as a full-time magistrate in that County; and addressing the impact of Act No. 678 of 1988, which provides several changes to the magisterial court system on filling the vacancy caused by Mr. Turbeville’s death.

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

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December 6, 1988

Opinion regarding whether the Richland County Procurement Code, as it existed prior to enactment of the Farley amendment in May 1988, was broad enough to authorize utilization of the “design/ build” concept of procurement, as outlined in the Request for Proposal attached to your letter.

Requested by: C. Dennis Aughtry, Esquire

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December 5, 1988

Opinion regarding whether the purchase of annuities for structured settlements needs to be approved by the State Budget and Control Board.

Requested by: E. Ross Huff, Jr., Esquire

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December 1, 1988

Opinion concerning what may be a conflict in two recently enacted pieces of legislation, Acts 352 and 447 of 1988, relating to a situation wherein a physician volunteers his professional services to a government agency, and this service is provided on behalf of the State agency and in furtherance of the agency’s official business.

Requested by: Strom T. Johnston, Manager, Professional Liability Department, South Carolina Insurance Reserve Fund

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December 1, 1988

Opinion concerning whether the governing body of Anderson County has the authority to grant an extension of time in which to appeal a property assessment for the tax year 1988?

Requested by: The Honorable M. J. Cooper, Member, House of Representatives

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November 30, 1988

Opinion providing clarification of the “grey area in the decision of whether or not law enforcement has the legal right to pick up a seventeen year old when located, or if the Privacy Act applies to them, securing the right to keep their whereabouts unknown.”

Requested by: Special Agent Dottie Cronise, Acting Director of the MPIC, South Carolina Law Enforcement Division

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November 29, 1988

Opinion concerning whether employees of the South Carolina Association of Counties may be eligible to participate in the State Health Insurance Plan pursuant to Section 1-11-142 of the Code of Laws of South Carolina (1976, as amended).

Requested by: Joseph A. Mack, Deputy Director, South Carolina Retirement Systems

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November 23, 1988

Opinion regarding the provisions of Section 8 of Act No. 532 of the 1988 “Highway Safety Act”, which increases the penalties for speeding.

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

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November 23, 1988

Opinion regarding S.C. Code Ann. § 38-73-1210 (1976), addressing whether insurance companies that joined a rating organization more than twelve month earlier are required to obtain the Insurance Commissioner’s prior approval before they adopt that rating organization’s higher rates.

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

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November 18, 1988

Opinion regarding whether a conviction that has been subsequently pardoned by the South Carolina Parole Board may be used as a conviction for enhanced sentences or charges under our various multiple offender statutes.

Requested by: The Honorable William L. Ferguson, Solicitor, Sixteenth Judicial Circuit

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November 17, 1988

Opinion regarding who should be the appropriate appointee to serve on the South Carolina Board of Health and Environmental Control: the incumbent who has recently taken his oath as a Representative, or the Governor’s interim appointee.

Requested by: Walton J. McLeod, II, General Counsel, South Carolina Board of Health and Environmental Control; Jacquelyn S. Dickman, Assistant General Counsel, South Carolina Board of Health and Environmental Control

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November 16, 1988

Opinion concerning whether section 16-13-460 of the Code of laws of South Carolina (1987), which added Chapter 13 of Title 16 by Act 115 of 1987, requires that interest accrued by funds designated for cemetery maintenance must be also expended for that purpose.

Requested by: The Honorable Charles L. Powell, Member, South Carolina Senate

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November 14, 1988

Opinion concerning the ability of the Building Commission of the City and County of Florence to incur indebtedness by enlarging the City-County Complex and requiring the City of Florence, in part, to issue bonds to fund the project.

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

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November 14, 1988

Opinion concerning a situation in which an elected official serves a term that ends December 31st and is reelected for another term, and addressing whether that does or does not become official until the individual is sworn in on January 3rd.

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

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November 10, 1988

Opinion regarding the Cheraw Town Council considering an ordinance which would generally prohibit the operation of bingo games within the town limits of Cheraw.

Requested by: James A. Spruill, III, Attorney for Town of Cheraw

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November 10, 1988

Opinion regarding whether it is permissible for the Medical University of South Carolina to pay a salary differential to nurses who regularly work a weekend shift.

Requested by: Joseph P. Good, Jr., General Counsel, Medical University of South Carolina

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November 10, 1988

Opinion regarding whether Cherokee County can loan or donate money to a private, post-secondary educational institution.

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

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November 10, 1988

Opinion concerning whether a dual office holding situation exists if the Richland County Attorney simultaneously assumes additional duties of the vacated Richland County Administrator.

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

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November 4, 1988

Opinion concerning the applicability of the South Carolina Consolidated Procurement Code, particularly the in-state bidder’s preference, to the purchasing of South Carolina produced or processed agricultural products by state agencies subject to the requirements of the Procurement Code.

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

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November 4, 1988

Opinion regarding a request made by the Calhoun County District School Board asking that the Calhoun County Election Commission put on the general election ballot a referendum on whether or not new schools should be built.

Requested by: The Honorable John G. Felder, Member, House of Representatives; F. Lee Prickett, Esquire, Calhoun County Attorney

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November 3, 1988

Opinion regarding the procedure for the dissolution of a corporation by administrative action governing by 1976 S.C. Code Section 33-21-110.

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

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November 1, 1988

Opinion concerning whether clerks of court are to retain for use in the offices or give to the county treasurer the distribution of fees paid by bail bondsmen under § 38-53-100(c) of the Code of Laws of South Carolina, 1976.

Requested by: The Honorable Carolyn C. Turner, Barnwell County Clerk of Court, Barnwell County

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October 31, 1988

Opinion regarding whether the Sheriff’s Department may enforce child visitation provisions of a Family Court order by picking the child up and returning the child to the custodial parent when the visiting parent has failed to return the child at the appointed hour.

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

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October 31, 1988

Opinion concerning whether the act of Congress from 1986 supercedes the pertinent provisions of South Carolina laws regarding retirement form employment based on age.

Requested by: Joseph F. Munnerlyn, Jr., Legislative Council of the General Assembly

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October 31, 1988

Opinion concerning whether the requirements of Act No. 488 of 1984 (codified as Section 6-11-1610 et seq. of the Code of Laws of South Carolina) would be applicable to the Boone Hall Fire district and the East Cooper Fire District, both created by Charleston County Council pursuant to Section 4-19-10 et seq. of the Code.

Requested by: James L. Bridges, Deputy County Attorney, County of Charleston

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October 28, 1988

Opinion regarding the use of the form and the appointment procedure to the Charleston County Medical Examiners Board.

Requested by: The Honorable D. N. Holt, Jr., Chairman, Joint Delegation, Charleston County

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October 27, 1988

Opinion concerning the point at which a manager at the polls can refuse to allow a challenge to be made of a voter.

Requested by: Joseph S. Mendelson, Esquire

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October 27, 1988

Opinion concerning whether Part II, Section 51 of the 1988-89 Appropriations Act might be unconstitutional since it affects only a single type of business.

Requested by: The Honorable Douglas E. McTeer, Jr., Member, House of Representatives

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October 27, 1988

Opinion concerning whether the Delegation can appoint new members to the Election Commission “prior to a special election or any election that might be held within the next two years.”

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

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October 20, 1988

Opinion concerning the interpretation of certain language in section 6-9-60, Code of Laws of South Carolina, 1976, as amended.

Requested by: Roy D. Bates, Esquire, Columbia City Attorney

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October 19, 1988

Opinion regarding Section 56-5-2940, which provides punishment for individuals convicted of driving under the influence.

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

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October 19, 1988

Opinion concerning how to reduce the number of person to be appointed from nine to five to the Town of Lincolnville’s Planning and Zoning Commission.

Requested by: Forrest W. Compton, Jr., Lincolnville Town Attorney

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October 18, 1988

Opinion concerning whether the Procurement Ordinance of the Town of Quniby has been adopted.

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

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October 18, 1988

Opinion regarding what policies or rules the Division of Human resource Management of the State Budget and Control Board or any other means of sonic reproduction at a hearing of the State Employee Grievance Committee.

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

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October 18, 1988

Opinion regarding the authority and the process to be utilized in removing the City of Mauldin from the Greenville County Recreation District should such removal be desired.

Requested by: John P. Mann, Esquire, Mauldin City Attorney

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October 18, 1988

Opinion regarding whether the appointment of the Lexington Town Administrator as the Municipal Judge would be in violation of the dual office holding prohibitions of the State Constitution.

Requested by: The Honorable Elias S. Mack, Jr., Mayor, Town of Lexington

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October 18, 1988

Opinion regarding whether a member of the Health and Human Services Finance Commission who has served an initial two-year term and a consecutive four-year term may be reappointed to another consecutive four-year term.

Requested by: Eugene A. Laurent, P.h.D., Executive Director, State Health and Human Services Finance Commission

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October 18 1988

Opinion regarding whether, as a member of the Camden county Council, one may continue to serve on the Kershaw County Industrial Development Board without running afoul of the dual office holding prohibitions of this State’s Constitution.

Requested by: The Honorable William B. Gaither, Member, Camden County Council

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October 18, 1988

Opinion concerning whether an individual who would serve on the governing board of the Children’s Trust Fund of South Carolina would hold an office for dual office holding purposes.

Requested by: Ms. Harriet J. Ferguson, Executive Director, Children’s Trust Fund of South Carolina

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October 14, 1988

Opinion regarding what would happen if the Mayor’s race and two council seats had no candidate at the beginning of the general election.

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

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October 14, 1988

Opinion concerning what impact the reference to an act of the General Assembly adopted in 1973 within the referendum question has upon the validity of the referendum.

Requested by: The Honorable Larry A. Martin, Member, House of Representatives; The Honorable B. L. Hendricks, Jr., Member, House of Representatives

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October 14, 1988

Opinion concerning what process is to be utilized when a county wishes to make an entity, whether public or private; incorporated or unincorporated, a millage agency?

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

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October 13, 1988

Opinion concerning whether a pistol could be returned to an individual upon successful completion of a pretrial intervention program.

Requested by: Chief Jim Cleveland

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October 11, 1988

Opinion concerning whether as a member of the State House of representative from Charleston would there be conflict of interest if you were to permit a house owned by you to be rented by the Sumter County Housing Authority under Section 8 of the Federal Housing Act. Section 8 is presently codified at 42 U.S.C. § 1437(f).

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

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October 10, 1988

Opinion concerning whether clerks of court should hold decisions of arbitration panels until the appeal time has lapsed before entering the decisions into the judgment records.

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

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October 6, 1988

Opinion regarding reconciliation between the two provisions concerning the intended additional millage levied by the Marion County Board of education and the auditor that must levy a millage based upon last year’s budget.

Requested by: William H. Seals, Marion County Board of Education

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October 6, 1988

Opinion regarding the requirements for extra-territorial extension of water and sewer systems for those municipalities which extend those services following the prescribed assessment procedure for installing water and sewer services in Chapter 31 of Title 5.

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

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October 5, 1988

Opinion concerning whether § 52-17-90, Code of Laws of S.C., 1976, prohibits a person convicted of criminal offenses in other states from conducting bingo games in South Carolina.

Requested by: Chief R. T. Swett, Hartsville, South Carolina

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October 4, 1988

Opinion concerning a jurisdictional dispute between the Housing Authority of Conway and the Housing Authority of Myrtle Beach.

Requested by: Mr. John C. Hackinson, Jr., Interim Director, South Carolina State Development Board

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September 29, 1988

Opinion questioning whether a magistrate is authorized to sentence offenders to attend such a program as a condition of a suspended sentence imposed on an individual convicted of issuing a fraudulent check.

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

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September 29, 1988

Opinion regarding whether a magistrate or municipal judge, as a condition of bond in a criminal domestic violence case, can provide that a defendant (1) be restrained or enjoined from entering the domestic dwelling; (2) be restrained from the use of specified bank accounts; or (3) be restrained from leaving the State of South Carolina.

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

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September 29, 1988

Opinion concerning the effect of a 1980 amendment, Act 442, to the South Carolina Administrative Procedures Act, Act 176 of 1977.

Requested by: Thomas S. Linton, Director, Legislative Council of the General Assembly

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September 28, 1988

Opinion concerning access by the public to the Hills Creek Watershed District in Chesterfield County.

Requested by: The Honorable W. Lee Youngblood, Assistant Solicitor, Fourth Judicial Circuit

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September 28, 1988

Opinion concerning whether a school district must supply a list of all graduating senior of a high school in that district.

Requested by: The Honorable James H. Hodges, Member, House of Representatives

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September 26, 1988

Opinion concerning whether school districts have the authority to conduct pre-employment training programs for new industry falling within the jurisdiction of the Special Schools program of the State Board of Technical and Comprehensive Education.

Requested by: Dr. James R. Morris, Jr., Executive Director, State Board for Technical and Comprehensive Education

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September 26, 1988

Opinion concerning the constitutionality of the Greenville City Code § 1-3-7 provision.

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

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September 26, 1988

Opinion regarding whether or not a Town could enact an ordinance that would limit campaign spending.

Requested by: Victoria H. Josey, Esquire, Town of Mount Pleasant Attorney

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September 22, 1988

Opinion concerning the authority to make appointments to the Georgetown County Higher Education Commission.

Requested by: Mr. Colin Young, Chairman, Georgetown County Higher Education Commission

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September 22, 1988

Opinion concerning whether the Georgetown County Medical Retardation Board has the authority to mortgage its property.

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

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September 19, 1988

Opinion concerning whether the C.S.A. 1000 Detection Deception Device may be legally used for study purposes under S.C. Code Ann. §§40-53-10 et seq. (Cum. Supp. 1987).

Requested by: Robert M. Stewart, Chief, South Carolina Law Enforcement Division

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September 19, 1988

Opinion concerning whether there are any restrictions prohibiting the South Carolina State College from using a part of the $75,000.00 to provide academic scholarships to minority students committed to pursuing teaching careers.

Requested by: Mr. James H. Salley, Director of Institutional Advancement, South Carolina State College

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September 19, 1988

Opinion regarding whether ratified act number 732 (S.1461) of 1988 should be followed to effect appointments of members to the Newberry County Water and Sewer Authority.

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

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September 16, 1988

Opinion concerning whether the proposed means of providing fire protection service and the financing thereof would be legal.

Requested by: H. F. Bell, Esquire, Chesterfield County Attorney

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September 15, 1988

Opinion regarding an interpretation of § 9-1-1140 of the South Carolina Code of Laws, as amended, dealing, in part, with the purchase of service credit for a period of absence from work due to pregnancy.

Requested by: The Honorable Nell W. Smith, Member, South Carolina State Senate

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September 14, 1988

Opinion concerning whether an exemption to the prohibition of carrying a pistol referenced in Section 16-23-20 of the Code is applicable to third parties.

Requested by: Robert Stewart, Chief, State Law Enforcement Division

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September 14, 1988

Opinion concerning whether Heath v. County of Aiken et al. applied to Section 4-9-30(7) of the Code as it existed prior to the amendment to such provision as enacted this year, or if it affects the amended provision.

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

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September 6, 1988

Opinion concerning what procedure the Marion County Vocational Education Center should follow for the sale of certain property belonging to the Center.

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

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September 2, 1988

Opinion concerning whether it is within the authority of the ETV Commission to name its new facilities for its president.

Requested by: Ms. Elaine Freeman, Executive Director, ETV Endowment of South Carolina, Inc.

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September 1, 1988

Opinion concerning whether the assessments provided by Sections 14-1-210(1), 23-23-70, and 24-23-210(A) of the Code should be collected in addition to the fines imposed by the ordinances when an individual is convicted pursuant to the ordinances.

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

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September 1, 1988

Opinion concerning whether a once member of the Florence City-County Airport Commission may be reappointed by the City Council, considering the language prohibiting reappointment without two years’ absence form the Commission.

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

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September 1, 1988

Opinion concerning whether cities and counties are empowered to confer law enforcement authority comparable to that held by a constable on employees who are not members of a city or county police force or otherwise commissioned law enforcement officers.

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

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September 1, 1988

Opinion concerning the retroactive enforceability of Richland County’s swimming pool ordinance.

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

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August 31, 1988

Opinion concerning whether a town or city that extends its water system to properties outside its limits must also extend its sewer system to such properties.

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

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August 30, 1988

Opinion concerning the status of four members of the Environmental Certification Board under the 1988 legislation.

Requested by: William R. Moore, Director, Office of Environmental Certification Board

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August 29, 1988

Opinion concerning the Town of Briarcliffe Acres wishing to put a Town Hall on a lot that is currently zoned residential.

Requested by: Edgar Dyer, Esquire, Town of Briarcliffe Acres Attorney

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August 26, 1988

Opinion concerning who controls the number of magistrates and their location in each county.

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

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August 24, 1988

Opinion concerning whether the Greenville County Recreation Commission can now increase the millage to the 4.5 mills.

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

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August 23, 1988

Opinion concerning the maximum gross vehicular weights and tandem axle weights which may be permissibly operated on the state’s interstate highways after expiration of the moratorium.

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

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August 23, 1988

Opinion concerning the effect of the disapproval by the Justice Department of Section 1 of Act 269 of 1987 and the approval of Section 2 of that Act.

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

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August 17, 1988

Opinion concerning whether a part of the Comprehensive Health Act, § 59-32-30(C) of the Code of Laws of South Carolina, (1976), prohibits local school administrators from applying provisions of the Defined Minimum Program (DMP-R43-130, Vol. 24 of the Code) so as to reduce instrumental time in health for individual students below that provided to those students in 1986-87.

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

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August 17, 1988

Opinion concerning whether a State representative who is a defendant in a lawsuit can use campaign funds to pay attorneys’ fees and other costs involved in the litigation.

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

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August 16, 1988

Opinion concerning the authority and responsibility of the State Treasurer to invest and deposit funds for which the State Treasurer is custodian and also to employ investment advisory services for such investments and deposits.

Requested by: The Honorable Grady L. Patterson, Jr., Treasurer of South Carolina

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August 16, 1988

Opinion concerning whether a teacher can use sick leave for any purpose other than the teacher’s own illness, such as for a family member’s illness.

Requested by: The Honorable W. Richard Lee, Senator, State of South Carolina

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August 10, 1988

Opinion clarifying the responsibility of the official charged with the duty to execute and sell a mobile or modular home for nonpayment of taxes for the collection of rents due the higher bidder.

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

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August 9, 1988

Opinion concerning a Florence ordinance which would establish an administrative penalty of one hundred dollars for controlled substance violations.

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

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August 8, 1988

Opinion concerning the transfer of students from the school district in which they reside to an adjacent school district without the release from their school district residence.

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

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August 5, 1988

Opinion concerning whether a patient has a legal basis to bring a “fraud of contract” suit against the hospital for fraudulently filing and collecting insurance benefits.

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

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August 2, 1988

Opinion concerning the effect of Act No. 541 on the FLEX Examination standards of Regulations No. 81-80 and 81-90 of the Board of Medical Examiners.

Requested by: Stephen S. Seeling, Executive Director, State Board of Medical Examiners

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August 2, 1988

Opinion concerning whether the City of Charleston may expend a portion of the funds allocated to it from the accommodations tax to acquire an easement upon the façade and the use of a historical building.

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

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August 1, 1988

Opinion concerning the constitutionality of the election process for the Anderson County Board of Education pursuant to Act 510, Acts and Joint Resolutions of South Carolina, 1982.

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

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August 1, 1988

Opinion concerning whether the new member of the State Board of Education from the Anderson County area will be chosen by the current legislative delegation from that area or the delegation that will take Office in November, 1988.

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

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August 1, 1988

Opinion concerning whether it is a conflict of interest or illegal for a state constructional officer to also serve on a board of directors of an electric cooperative.

Requested by: The Honorable Fred L. Day, Member, House of Representatives

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August 1, 1988

Opinion concerning what disposition should be made of tax executions that are ten or more years old or of tax executions that are uncollectible.

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

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July 27, 1988

Opinion concerning the affect of §59-53-52(3) of the Code of Laws of South Carolina, 1976, as amended on the ownership of real property on which Williamsburg Technical College is located.

Requested by: Mr. Wyman D. Shealy, Deputy Executive Director, State Board for Technical and Comprehensive Education

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July 25, 1988

Opinion concerning the transfer of students from the school district in which they reside to an adjacent school district without a release form their school district of residence.

Requested by: Dr. Floride M. Martin, Educational Consultant, Clarendon School

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July 25, 1988

Opinion questioning does a person’s legal residence qualify for the homestead exemption when legal title thereto is held by trustee with no right in such person to the use of the residence for life.

Requested by: The Honorable Norma S. Andrews, Clarendon County Auditor

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July 22, 1988

Opinion concerning whether the Greenville County Commission for Technical Education constitutes an area commission of a technical education institution under §59-53-53 of the Code of Laws of South Carolina, 1976, as amended.

Requested by: Charlton deSaussure, Jr., Esquire

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July 21, 1988

Opinion regarding whether Section 33-31-180 of the Code of Laws of South Carolina (1987 Cum. Supp.) means that the members of the Foundation Board of Directors and the Alumni Association’s Alumni National Council of Clemson University would be immune from personal liability for claims under state law in carrying out their responsibilities.

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

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July 21, 1988

Opinion concerning capitalization grants to States by the Environmental Protection Agency for deposit in State Water Pollution Control Revolving Funds, as authorized by Title VI of the Federal Water Pollution Act, Public Law 92-500, as amended.

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

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July 18, 1988

Opinion concerning whether a bingo game, operated by a management company under an agreement with a charitable organization holding a valid bingo certificate, is a “work of necessity or charity” such as would come within the exception set forth in 1976 S.C. Code, Section 53-1-40.

Requested by: The Honorable C. David Stone, Sheriff, Pickens County

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July 14, 1988

Opinion concerning whether funds provided by Section 12-27-390 for water recreational resources can be appropriated to the Lake Murray Tourism and Recreational Association.

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

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July 13, 1988

Opinion concerning whether Sections 65-2371 through 65-2375 of the 1962 Code of Laws are still law and applicable to the tax collector in Edgefield County.

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

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July 12, 1988

Opinion concerning whether a county legislative delegation may appoint a county veterans affairs officer for a probationary period of service, specify certain conditions which must be met during the probationary period, and review the appointment at the end of the probationary period.

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

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July 12, 1988

Opinion concerning whether the South Carolina Public Service Authority may withdraw from the State Workers’ Compensation Fund so that it may establish its own self-insured workers’ compensation program.

Requested by: C. H. McGlothlin, Jr., Esquire, General Counsel, South Carolina Public Service Authority

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July 12, 1988

Opinion concerning whether the South Carolina Educational Television Commission is authorized to establish a child development center, which includes children of employees of the South Carolina Educational Television Network, for use in its programming responsibilities.

Requested by: Henry J. Cauthen, President and General Manager, South Carolina Educational Television Network

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June 27, 1988

Opinion concerning the legality of a county contributing funds to “not-for-profit” organizations which exist for the public good.

Requested by: The Honorable Harriet Keyserling, Member, House of Representatives

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June 27, 1988

Opinion concerning whether it would be a violation of the State Ethics Act, Sections 8-13-10 et seq. of the 1976 Code of Laws, for a state representative to establish a trucking company and serve as an officer of that company in circumstances where the company seeks to take advantage of disadvantaged business enterprise benefits.

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

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June 21, 1988

Opinion concerning whether there is anything in state law that would preclude state employees from using the current payroll deduction system if a sufficient number chose to do so for the purpose of purchasing property and casualty insurance.

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

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June 20, 1988

Opinion addressing a situation in which an individual has been convicted of driving under the influence, and the six-month suspension period has lapsed. The individual has failed to file proof of financial responsibility, pay the reinstatement fee, complete the ADSAP program or otherwise failed to reinstate his operator’s license, and the individual is subsequently convicted for operating a motor vehicle while his license to drive remains cancelled, suspended, or revoked. The issue is whether the judge should impose the general sentence for driving under suspension as having been imposed pursuant to § 56-5-2990 of the Code and increase the penalties pursuant to the last paragraph of Section 56-1-460 of the Code.

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

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June 20, 1988

Opinion providing an examination of House bill 4073 for constitutional problems.

Requested by: The Honorable Sherry Martschink, Senator, District No. 44

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June 20, 1988

Opinion concerning whether part of the Hazardous Waste Contingency Fund could be used for other purposes if the legislature made statutory amendments to the original statute that created the fund.

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

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June 13, 1988

Opinion concerning whether the poll watchers right to observe includes the right to read the sign in poll list long enough to review names so long as a voter is not delayed.

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

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June 9, 1988

Opinion concerning the process by which candidates would qualify for Aiken County Council.

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

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June 8, 1988

Opinion concerning potential constitutional difficulties arising from several portions of the 1988-89 Appropriations Act.

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

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June 8, 1988

Opinion concerning the constitutionality of proviso number 53.2 of the 1988-89 Appropriations Act.

Requested by: Mark R. Elam, Esquire, Senior Counsel to the Governor

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June 6, 1988

Opinion concerning whether H.2680, R-755 would be violative of the Constitution of the State of South Carolina.

Requested by: Mark R. Elam, Esquire, Chief Counsel to the Governor

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June 6, 1988

Opinion concerning whether one serving on the Soil Classifiers Advisory Council would hold an office for dual office holding purposes.

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

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June 6, 1988

Opinion addressing where assigned benefits are to be sent, and who in fact has rights to the assigned benefits according to S.C. Code Ann. §56-11-110 (1976, as amended).

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

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June 6, 1988

Opinion concerning whether a portion of the Code of the City of Camden would be valid in light of Section 5-7-190 of the Code of Laws of South Carolina.

Requested by: The Honorable James L. Anderson, Mayor, City of Camden

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July 5, 1988

Opinion concerning the use of funds collected by the police department from sales of confiscated and awarded vehicles.

Requested by: The Honorable C. E. Edwards, Mayor, City of Chesnee

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June 3, 1988

Opinion concerning the constitutionality of H.4276, R-775, which sets the millage for several agencies, special purpose districts, and commissions located within Charleston County.

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

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June 3, 1988

Opinion concerning the constitutionality of H.4288, R-730, an act requiring the Charleston County Auditor to levy the millage necessary for the 1988-89 expenses of the Charleston County Parks and Recreation Commission.

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

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June 3, 1988

Opinion concerning the constitutionality of S.1461, R-732, an act changing the method of appointment of members of the Newberry County Water and Sewer Authority and providing for terms of office for new members of the Authority appointed pursuant to the act.

Requested by: Mark R. Elam, Esquire, Senior Counsel to the Governor

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June 3, 1988

Opinion concerning the constitutionality of H.4012, R-723, an act changing the composition of the governing board of the Florence County Fire District, amending Act No. 1817 of 1972.

Requested by: Mark R. Elam, Esquire, Senior Counsel to the Governor

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June 3, 1988

Opinion concerning the constitutionality of H.4253, R-701, an act establishing a bird sanctuary in a certain portion of Charleston County within the City of Charleston.

Requested by: Mark R. Elam, Esquire, Senior Counsel to the Governor

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June 3, 1988

Opinion concerning whether a student who meets the eligibility requirements for attending the public schools of a school district free of charge under §59-63-30(c) of the Code of Laws of South Carolina, 1976, as amended, by owing real estate in the district having an assessed value of $300.00 or more, has a right to attend any school in that district.

Requested by: Representative Fred L. Day, Member, SC House of Representatives

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June 2, 1988

Opinion concerning whether two employee organizations recognized by the South Carolina Department of Social Services would be considered public bodies and thus subject to the requirements of the Freedom of Information Act.

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

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June 2, 1988

Opinion concerning situations involving officers that cross county or other jurisdictional lines on surveillance, and an emergency situation arises that requires immediate action. This Opinion addresses whether an arrest by that officer would be valid in light of the formation of the multi-county task force and agreement.

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

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June 2, 1988

Opinion concerning the constitutionality of H.4257, R-690, an act enlarging the service area of the Chester Fire District of Chester County.

Requested by: Mark R. Elam, Esquire, Senior Counsel to the Governor

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May 31, 1988

Opinion reiterating a previously reached conclusion that the Coastal Council would have jurisdiction to enforce the conditions of permits regarding the issue of deadlines for construction or excavation.

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

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May 31, 1988

Opinion regarding an issue arising in two separate situations. Prior to creation of the Coastal Council within the Coastal Zone Management Act, Sections 48-39-10 et seq. of the Code of Laws of South Carolina (1976), the Budget and Control Board issued permits for certain activities to be conducted within navigable tidal waters of this State. The concern is whether the jurisdiction of the Budget and Control Board has been superseded in areas in which the Coastal Council was given jurisdiction by the Coastal Zone Management Act in 1977.

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

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May 26, 1988

Opinion providing clarification of the first paragraph of the second column of “The Attorney General’s Opinion” in the November 1987 issue of Uptown, the bulletin of the Municipal Association of South Carolina.

Requested by: H. Spencer King, Esquire, Spartanburg City Attorney

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May 26, 1988

Opinion regarding the extent to which the Appalachian Council of Governments, as a “third party public agency”, would have a legal obligation to release information regarding salaries paid to various city and governmental employees to the media or the public.

Requested by: The Honorable Joe B. Davenport, Chairman, Appalachian Council of Governments

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May 26, 1988

Opinion concerning whether the Book of Inquisition remains open in light of a provision in recently-enacted legislation, R-356, which generally restricts availability to the public of death certificates.

Requested by: The Honorable Jim Burnett, Coroner, Spartanburg County

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May 25, 1988

Opinion regarding whether a letter from the South Carolina Office of the Attorney General dated September 24, 1980, is still the existing opinion of that Office concerning whether a write-in vote would take precedence over a vote for a specific candidate.

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

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May 23, 1988

Opinion concerning whether a plat that has not been approved by a planning commission can be filed as an exhibit with a title.

Requested by: The Honorable Peggy J. Whitman, Register of Mesne Conveyances, Aiken County

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May 23, 1988

Opinion concerning the constitutionality of a proposed ordinance for Chester County purporting to regulate unfit dwellings, unclean lots, and junked automobiles.

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

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May 19, 1988

Opinion regarding an interpretation of certain provisions of Proviso 129.40 of the 1987-88 Appropriation Act.

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

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May 16, 1988

Opinion concerning several questions involving two incumbents of the Allendale Town Council for whom an election runoff or contest is yet pending.

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

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May 12, 1988

Opinion noting that Section 12-3-145 requires a timely application as a condition for the exemption of certain property from taxation and addressing a situation in which the application was not timely made, the property was taxed, and the taxes were paid By Joint Resolution S-1008. The General Assembly retrospectively extended the time in which to make the application. The question is whether the tax that was paid is to be refunded.

Requested by: The Honorable Ellen Smith, Auditor, Colleton County

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May 10, 1988

Opinion concerning when the new form of government to council will become effective in the City of Belton.

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

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May 9, 1988

Opinion concerning whether, in making appointments to the Horry County Board of Registration and the Horry County Election Commission, there is any legal requirement that the appointments so made reflect the various geographic areas of the county.

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

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May 9, 1988

Opinion concerning the constitutionality of H.4131, R-584, an act enlarging the service area of the Dalzell Water District of Sumter County.

Requested by: Mark R. Elam, Esquire, Senior Counsel to the Governor

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May 4, 1988

Opinion regarding the photographing of juveniles by the City of Columbia Police Department.

Requested by: Robert A. Wilbur, Chief of Police, City of Columbia

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May 3, 1988

Opinion concerning whether State v. Grampus and State v. Carter require that a charge of driving with defective tail lights (Section 56-5-4510) or an expired inspection sticker (Section 56-5-5350) be nolled prossed in order not to invoke a double jeopardy defense in a driving under the influence case.

Requested by: The Honorable Landon M. Louthian, Jr., Chief Judge, Municipal Court of Hanahan

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May 2, 1988

Opinion concerning whether the convictions of attempted murder, attempted rape, or attempted housebreaking would prohibit an individual from purchasing or possessing a handgun in this State.

Requested by: The Honorable Robert M. Stewart, Chief South Carolina Law Enforcement

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May 2, 1988

Opinion concerning whether the requirement that school districts maintain at least the level of financial effort per pupil for non-capital programs as in the prior year adjusted for an inflation factor would require a district to maintain an effort that included the payment of a budget deficit.

Requested by: Dr. Vance O. Johnson, District Superintendent, Newberry County Public Schools

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May 2, 1988

Opinion concerning whether the law precludes the transfer of a prisoner in the Department of Corrections under psychiatric care and whose sentence is about to be completed to the Department of Mental Health.

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

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April 29, 1988

Opinion concerning the legality of the referendum questions, since it was provided that no county taxes could be used to implement the systems in question.

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

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April 25, 1988

Opinion regarding the constitutionality of a proposal whereby a part filing a lawsuit to obtain a divorce would pay a higher filing fee than other parties who would file lawsuits for other causes of action.

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

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April 25, 1988

Opinion involving House Bill 2580 which amends S.C. Code Ann. §20-7-600 to provide that ‘when a child is found violating any law or ordinance, even if he is not taken into custody, the officers shall notify the parent, guardian, or custodian of the child as soon as possible…”

Requested by: Ms. Virgie Randolph, Member, House of Representatives

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April 25, 1988

Opinion concerning what procedure should be followed by a county following a successful referendum to change the form of county government and number of council members, with respect to old members, members elected at the same election in which the referendum is successful, and vacancies created by the successful referendum.

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

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April 18, 1988

Opinion concerning whether, under Act 269, Acts and Joint Resolutions of South Carolina, 1987, the Board of Trustees for the School District of Greenville County may increase its tax millage for calendar year 1988 in an amount not in excess of 80 mills without further action by the Legislature.

Requested by: The Honorable H. Samuel Stilwell, Member, South Carolina State Senate

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April 18, 1988

Opinion concerning whether a dual office holding situation exists if the Executive Deputy Commissioner of the South Carolina Department of Mental health simultaneously serves as a member of the Lexington-Richland Alcohol and Drug Abuse Commission.

Requested by: Kennerly M. McLendon, Esquire, General Counsel, South Carolina Department of Mental Health

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April 18, 1988

Opinion concerning the constitutionality of the classification envisioned by H.3706, which would empower this State’s counties to negotiate fees in lieu of property taxes with industrial prospects or existing industries that commit to an initial minimum of $85 million in new capital investment. Counties would be allowed to negotiate down to a fee equivalent down to a fee equivalent to a six percent tax assessment ratio.

Requested by: J. Mac Holladay, Director, South Carolina State Development Board

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April 18, 1988

Opinion concerning whether the provisions of §59-19-315 of the Code of Laws of South Carolina would govern the terms of office by the Darlington County Board of Education of Darlington County.

Requested by: Benny R. Greer, Esquire

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April 18, 1988

Opinion regarding who has authority to appoint municipal committees under the council form of municipal government.

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

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April 14, 1988

Opinion addressing a situation in which nobody has filed for the Office of Mayor of the Town of Cameron and advising that the election proceed in the eventuality that a write-in candidate would be elected to this Office.

Requested by: Charles W. Whetstone, Jr.

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April 14, 1988

Opinion concerning whether it would be permissible for local election officers to use the facilities located in Pinopolis that are owned by the South Carolina Public Services Authority for a polling place.

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

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April 11, 1988

Opinion concerning the constitutionality of proposed Senate Bill S-660.

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

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April 11, 1988

Opinion concerning whether the Charleston Memorial Hospital Advisory Committee, appointed by Charleston County Council, properly entered executive session with respect to information-gathering which will affect the contractual negotiations between Charleston County Council and one or more of the hospitals in Charleston.

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

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April 11, 1988

Opinion concerning whether out-of-court settlement documents for a lawsuit wherein public funds have been expended by a government agency are “public records” subject to disclosure pursuant to the Freedom of Information Act.

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

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April 5, 1988

Opinion concerning the constitutionality of a portion of ratified act number 427 of 1988, section 4, effective March 18, 1988.

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

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April 4, 1988

Opinion regarding whether The Department of Education must implement a revised “index of availability” for the 1987-88 fiscal year because of a revision made in that index by the Tax Commission.

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

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March 31, 1988

Opinion concerning whether the City of Goose Creek could add a surcharge to all uniform traffic tickets that are resolved in the City’s municipal court in an effort to help defray training costs in the City police department.

Requested by: Samuel R. Clawson, Esquire, Goose Creek City Attorney

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March 31, 1988

Opinion concerning whether the present county council has the authority to make the offices of County Auditor and County Treasurer appointed rather than elected, or instead whether this would be the responsibility of the new county council operating under the council-manager form of government.

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

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March 30, 1988

Opinion concerning whether this State’s Freedom of information Act requires the release of a recorded 911 call made by a young boy after he shot and killed two individuals who had broken into his house.

Requested by: The Honorable Larry D. Smith, Sheriff, Spartanburg County

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March 30, 1988

Opinion regarding Section 42-3-20 as it relates to the workers compensation appeal procedures.

Requested by: The Honorable John C. Land, III, Member, South Carolina Senate

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March 24, 1988

Opinion concerning whether the proviso in the 1982-83 appropriations act froze the number of employees eligible to receive salary supplements, whether the amounts of said supplements were fixed by the 1982-83 appropriations act, and whether an employee failing to report the supplement as required by the 1987-88 appropriations act may nevertheless receive the supplement.

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

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March 23, 1988

Opinion regarding the election of the State Health and Human Services Finance Commission in light of Section 44-6-10 of the Code citing a conflict of interest.

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

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March 23, 1988

Opinion concerning whether a taxing entity is prohibited by Section 12-43-295 from increasing property taxes to fund the increase in the cost of providing the same level of services as furnished by the taxing entity during the preceding year.

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

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March 17, 1988

Opinion questioning whether court costs can be imposed at the discretion of an individual magistrate or municipal judge.

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

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March 16, 1988

Opinion concerning whether an office should be opened for refiling if a candidate withdraws to accept a full-time position, such as the ABC Commission.

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

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March 16, 1988

Opinion concerning whether interest is to be paid on a refund of property taxes made under authority of Sections 12-47-70, et seq. or Section 12-47-420.

Requested by: The Honorable Clyde L. Nichols, York County Treasurer/Finance Director

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March 16, 1988

Opinion concerning a possibly pending proposal to grant six million dollars to the Greenville Performing Arts Center, an eleemosynary corporation, as part of a Bond Bill. The concern is the legality of including it inasmuch as title to this property will not be held by the state or, according to information, by any political subdivision.

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

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March 11, 1988

Opinion concerning whether or not a parent can consent to a search of an automobile owned by the parent at a time when the automobile is being driven by that parent’s child.

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

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March 11, 1988

Opinion concerning constables appointed by the Governor pursuant to Section 58-13-910 of the Code.

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

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March 11, 1988

Opinion noting that a public official has been indicted as an accessory to an individual charged with making a false statement or concealing material facts on an application for a certificate of title or registration for a motor vehicle. In addition, the official has been indicted for alleged participation in a criminal conspiracy in conjunction with the false statement or concealment of material facts on the said application. This Opinion addresses the question of whether these charges involve moral turpitude, to carry out one’s duty as Governor under Article VI, Section 8 of the State Constitution.

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

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March 10, 1988

Opinion concerning whether an individual subpoenaed to a coroner’s inquest as a witness is bound by law to testify pursuant to Sections 17-7-170 and 17-7-180.

Requested by: The Honorable Harry O. Harman, Coroner, Lexington County

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March 10, 1988

Opinion concerning whether a dual office holding situation exists if a member of the Board of Directors of the Columbia Housing Authority simultaneously serves as Executive Director of the Children’s Foster Care Review Board System.

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

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March 8, 1988

Opinion concerning a situation in which the City of Clemson and the East Clemson Water District are in the position of serving the same geographic area, due to annexations by the City.

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

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March 8, 1988

Opinion concerning the authority of a city council to review and change a decision made by the city’s Zoning Board of Adjustment, prior to an appeal to circuit court.

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

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March 7, 1988

Opinion concerning whether it is constitutionally permissible to detach an area from an existing school district and add the same to another adjoining district.

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

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March 2, 1988

Opinion concerning whether a Development Board member “employed by the Department of Social Services” and a second Board member “employed by Berkeley County” are eligible to serve on the Development Board in light of S.C. Code Ann. §13-3-50 (1976).

Requested by: J. Mac Holladay, Director, South Carolina State Development Board

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March 2, 1988

Opinion concerning the effect of the proposed legislation on applications for certificates of need which will be pending at the time the proposed legislation, if adopted, will take effect.

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

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March 1, 1988

Opinion concerning the effect of the proposed legislation on applications for certificates of need which will be pending at the time the proposed legislation, if adopted, will take effect.

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

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February 29, 1988

Opinion concerning the governing body of the Boiling Springs Volunteer Fire Department and their operations.

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

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February 29, 1988

Opinion regarding the Foster Care Review Board’s responsibility to review cases of emotionally disturbed children who are privately placed.

Requested by: Joyce L. Cheeks, Staff Counsel, South Carolina Foster Care Review Board System

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February 25, 1988

Opinion concerning whether “non-elected officials” serving as special referees or special masters under court appointments can retain the fees paid for their service in those positions.

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

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February 25, 1988

Opinion concerning the applicability of a Richland County ordinance governing bingo games to the operation of such games within incorporated areas of the county.

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

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February 24, 1988

Opinion concerning whether “the Egg Board is a ‘State Agency’ within the definition of the Motor Vehicle Management Act and how this opinion would impact on the Board’s exemption from the Procurement Act of 1981.”

Requested by: Allan J. Spence, Director, Division of Motor Vehicle Management, Budget and Control Board

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February 23, 1988

Opinion concerning whether the South Carolina Deferred Compensation Plan has “legal access” to funds contributed to the Plan from political subdivisions other than state agencies.

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

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February 22, 1988

Opinion concerning whether the description of a “property manager” as set forth in 1976 S.C. Code Section 40-57-10(4), excludes a person who only (a) exhibits the property; (b) gives the real costs or any other charges of the contract; (c) advertises the property; or (d) supplies applications and gives any other information pertaining to the unit to be rented.

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

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February 19, 1988

Opinion concerning whether the following provision of the Home Rule Act, §4-9-70 of the Code of Laws of South Carolina, 1976, gives the Hampton County Council the authority to consolidate the school districts in Hampton County.

Requested by: A. G. Solomons, Jr., Esquire, Hampton County Attorney

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February 19, 1988

Opinion concerning the authority of municipal police officers to make arrests outside their jurisdiction.

Requested by: Timothy E. Meacham, Florence City Attorney

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February 19, 1988

Opinion concerning whether the Budget and Control Board have authority to develop regulations governing the administration of the administrative leave with pay for employees as provided in Section 8-11-40.

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

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February 19, 1988

Opinion regarding the establishment of a grievance procedure to be used by the Parker Special Purpose District in Greenville, South Carolina.

Requested by: The Honorable James G. Mattos, Member, House of Representatives

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February 19, 1988

Opinion concerning whether law enforcement has the authority to arrest/take into custody a minor under the age of seventeen for the commission of a misdemeanor not committed in the officer’s presence and hold the minor for forty-eight hours.

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

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February 19, 1988

Opinion concerning whether the legislator must reveal this work as subcontractor in Section 15 of the Statement of Economic Interests that he submits.

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

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February 17, 1988

Opinion concerning whether Board members who are licensed practitioners must abide by a regulation that requires licensees to annually attend a continuing education class as a prerequisite for license renewal.

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

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February 16, 1988

Opinion regarding an ordinance in the City of Florence entitled “Careless Operation.”

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

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February 11, 1988

Opinion concerning the length of time the successor to the trustee, appointed by appropriate members of the Florence County Legislative Delegation, would serve.

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

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February 11, 1988

Opinion concerning whether a county council may authorize the construction of a central facility to be utilized in housing two or more magistrates.

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

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February 11, 1988

Opinion concerning whether the legal residence qualifies for the homestead exemption.

Requested by: The Honorable Mary Ann Gray, Beaufort County Auditor

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February 5, 1988

Opinion concerning whether, pursuant to Section 55-3-50, it is unlawful to land an aircraft on the lands or waters of a water commission reservoir owned by a political subdivision that is of restricted access for watershed and water purity preservation.

Requested by: The Honorable Joseph J. Watson, Solicitor, Thirteenth Judicial Circuit

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February 5, 1988

Opinion concerning the authority of a municipality to exercise its power of eminent domain over property located outside the corporate limits of the municipality.

Requested by: The Honorable Sherry Martschink, Senator, District No. 44

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February 5, 1988

Opinion reviewing an opinion dated November 13, 1979 concluding that because local legislation adopted by the General Assembly in 1908 created the position of Register of Mesne Conveyances for Spartanburg County, after January 1, 1980 Spartanburg County Council would be free, under home rule, to change that position from elective to appointive.

Requested by: The Honorable Steve Lanford, Member, House of Representatives

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February 5, 1988

Opinion concerning whether School Improvement Councils would be considered “public bodies” under the South Carolina Freedom of Information Act.

Requested by: Dr. Vance O. Johnson, District Superintendent, Newberry County Public Schools

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February 5, 1988

Opinion concerning whether a dual office holding situation exists if a jailer simultaneously serves as a Reserve Deputy or a SLED Constable.

Requested by: The Honorable Michael R. Carter, Sheriff of Georgetown

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February 1, 1988

Opinion concerning the authority of the Barnwell County Board of education to act in the interim between the expiration last year of their terms and the passage of proposed legislation abolishing the County Board.

Requested by: The Honorable Joseph B. Wilder, Member, House of Representatives

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February 1, 1988

Opinion concerning whether any portion of Dorchester County School District 4 can be consolidated with School District 2 through an act of the legislature, or whether such consolidation must be accomplished by the approval of the voters of those two districts.

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

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January 28, 1988

Opinion concerning the annexation petition in regards to the annexation for the Town of Seabrook Island to annex an area on Kiawah.

Requested by: William W. Dreyfoos, Esquire, Seabrook Island Town Attorney

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January 27, 1988

Opinion concerning the proper method of increasing the number of members of a county board of social services.

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

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January 26, 1988

Opinion concerning the appropriations of an executive session during a meeting of the York City Council to discuss issues which are apparently causing some conflict between the Mayor and City Manager of York.

Requested by: The Honorable Harvey S. Peeler, Jr., Senator, District No. 14; William M. Brice, Jr., York City Attorney

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January 26, 1988

Opinion concerning whether counties or cities may impose on realtors operating within their boundaries, requirements, in the form of licenses, fees or qualifications to practice, beyond those that are mandated by the general law.

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

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January 25, 1988

Opinion concerning whether an individual is required to list a felony conviction if that person later received a pardon for that crime.

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

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January 20, 1988

Opinion concerning whether the exemption provided by §12-37-220(30) for business inventory applies to inventory other than that previously returned by a merchant to the Tax Commission.

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

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January 19, 1988

Opinion regarding the rendering of two bail bond estreatment judgments against a bondman as the result of the failure of certain defendants to appear.

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

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January 18, 1988

Opinion concerning whether a county council ordinance may restrict the constitutional officer of sheriff from hiring, as a deputy, certain individuals.

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

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January 18, 1988

Opinion concerning whether law enforcement officers may issue a traffic summons as a result of investigating a traffic accident on private property which has not been posted pursuant to Section 23-1-15 of the Code so as to bring such lot under police jurisdiction.

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

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January 15, 1988

Opinion concerning whether a county board of social services or the Commissioner or State Board of Social Services would have the authority or responsibility to discipline or terminate from employment a county director of social services who has allegedly not followed the policies or regulations promulgated by the Commissioner or the State Board of Social Services.

Requested by: The Honorable Joe Wilson, Senator District 23; The Honorable David H. Wilkins, Member, House of Representatives; Mr. John R. Kellum, Chairman, Beaufort County Board of Social Services; The Reverend Clarence J. Fennell, Chairman, Hampton County Board of Social Services

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January 14, 1988

Opinion concerning whether the Freedom of Information Act would prohibit the filming of a public meeting of a public body by a member of the public using a home video camera.

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

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January 14, 1988

Opinion concerning whether the Secretary of State and the Treasurer of the State of South Carolina may be compensated for service in an ex officio capacity as Chairman of South Carolina Cemetery Board and Chairman of the Board of Financial Institutions, respectively.

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

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January 14, 1988

Opinion regarding what constitutes a vote in executive session and whether ad hoc committees established by the Mayor and Council, having only advisory functions, are subject to the Act.

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

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January 14, 1988

Opinion concerning whether a case involving the offense of issuing a fraudulent check tried in your court should be considered a first or a subsequent offense if the individual issuing the check has a record of convictions for such offense in courts other than your municipal court.

Requested by: The Honorable Retha C. Cobb, Municipal Judge, City of Seneca

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January 14, 1988

Opinion concerning whether it is the duty of the coroner to issue such a permit for cremation in counties, such as Spartanburg, who do not have a medical examiner.

Requested by: The Honorable James R. Burnett, Jr., Coroner, Spartanburg County

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January 13, 1988

Opinion concerning whether the General Assembly may reduce the General Fund Reserve, prior to 1990, to three percent by a two-thirds vote of both houses.

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

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January 13, 1988

Opinion providing an interpretation of Section 5-15-30 of the Code of Laws of South Carolina (1976), as to when the times specified therein begin to run, considering the requirements of Section 7-11-85 of the Code concerning verification of signatures on a petition.

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

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January 12, 1988

Opinion concerning the applicability of sanctions and waivers to a school district that, in the last school year, failed to meet certain requirements of the Education Improvement Act.

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

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January 7, 1988

Opinion concerning whether a city or county can impose a business license fee upon a realtor who does not have an office located in the city or county but travels there for the purpose of selling a piece of property that is listed with the realtor.

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

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Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

Room 519 | Columbia, S.C. 29201

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

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