1989 Opinions

December 28, 1989

Opinion concerning whether the Commission on High Education is the final authority concerning authorization of facilities at a location other than on a currently approved campus or on property contiguous thereto and whether such facilities include only the erection of new buildings rather than the acquisition of existing buildings.

Requested by: Mr. John C. Sutusky, Associate Commissioner for Facilities, South Carolina Commission for Higher Education

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December 27, 1989

Opinion concerning whether if the dietitian’s bill is passed as presently structured, it would be a criminal act for a graduate of NINE residing in South Carolina to use the initials “CN” after their name upon completion of their educational curriculum.

Requested by: The Honorable W. Richard Lee, Senator, District No. 11

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December 21, 1989

Opinion concerning whether or not the Governor may continue to suspend an individual who was recently acquitted of charges against him brought by the State pursuant to Section 11-9-20 of the Code of Laws of South Carolina.

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

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December 21, 1989

Opinion concerning whether petitions to create an ordinance required to set forth the specific terms of the ordinance which is being proposed so that a person signing the petition may have the opportunity to know specifically what he or she is seeking to accomplish in signing the petition.

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

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December 20, 1989

Opinion concerning whether the South Carolina Office of the Attorney General is aware of any statutory authorization for the State of South Carolina to cosign a promissory note whereby the State obligates its future tax revenues to repay local community disaster loans to the federal government.

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

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December 20, 1989

Opinion concerning whether window tinting darker than that authorizes pursuant to the provisions of Section 56-5-50515 of the Code may be applied to vehicles manufactured prior to the effective date of such provision during the period before the provision becomes full effective.

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

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December 19, 1989

Opinion concerning whether a certain repeal would present an equal protection problem inasmuch as Section 14-7-1700 of the Code, which provides for recording of testimony and other proceedings before the state grand jury, would remain.

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

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December 12, 1989

Opinion concerning whether a proposed fundraising promotion would constitute a lottery.

Requested by: The Honorable W. Richard Lee, Senator, District No. 11

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December 12, 1989

Opinion concerning whether the Western Carolina Regional Sewer Authority may sell real property held in its name to a private industry so that the land can be used for industrial development.

Requested by: The Honorable Paul Gault, Chairman, Western Carolina Water and Sewer Authority

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December 6, 1989

Opinion concerning how a vacancy on the Old Exchange Building Commission should be filled.

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

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December 6, 1989

Opinion providing an interpretation of two opinions of the South Carolina Attorney General’s Office rendered several years ago about reimbursement of expenses of county council members incurred in the performance of their official duties.

Requested by: The Honorable Joe E. Brown, Member, House of Representatives

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December 5, 1989

Opinion concerning the possibility of Aiken County’s issuing a taxi franchise and the law concerning a county’s issuance of franchises.

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

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December 5, 1989

Opinion regarding Sections 47-3-170 et seq. of the Code, Article 13 of Title 47, Chapter 3, which deal with the regulation of dangerous dogs.

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

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December 5, 1989

Opinion concerning whether the list of eligible jurors which the State Elections Commission furnishes chief magistrates pursuant to Section 22-2-50 of the Code must include the names of individuals holding South Carolina driver’s licenses or identification cards who are not also registered voters.

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

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November 30, 1989

Opinion concerning whether the implementation of a change in the date council members assume office following their election will impermissibly shorten the elected term of incumbents.

The Honorable William B. Harvey, III, Esquire, Attorney, City of Beaufort

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November 29, 1989

Opinion noting that the University of South Carolina has entered into an agreement whereby the bookstore of the University will be run by a not-for-profit corporation, the Carolina Auxiliary Services (formerly known as the Carolina Auxiliary Services Foundation). This opinion addresses the legality of this arrangement and the transfer of property to the corporation by the University

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

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November 29, 1989

Opinion concerning whether it is legal for a State agency to transfer to a public charity/private foundation, without the approval of the General Assembly, a portion of the fees charged for services performed by State employees on State time.

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

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November 29, 1989

Opinion concerning the use of dealer license plates on motor vehicles.

Requested by: The Honorable Jay D. Gray, Police Chief, Town of Turbeville

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November 29, 1989

Opinion concerning what party is responsible for paying for a boardwalk at Washo Reserve.

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

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November 27, 1989

Opinion concerning the restriction of public access to a boat ramp located within the Santee Coastal Reserve or constructing a new boat ramp at another site within the Reserve.

Requested by: The Honorable James J. Bailey, Member, House of Representatives

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November 22, 1989

Opinion concerning whether a part-time magistrate could serve for less salary than the base salary established.

Requested by: The Honorable Carroll G. Morrow, Magistrate, Greenville County

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November 20, 1989

Opinion concerning a situation in which a person licensed a newly acquired vehicle under a special (farm) tag. The license period for the vehicle ended on December 31st. The person paid property taxes on the vehicle for the full twelve months. The question is whether the property tax is to be apportioned and if so, whether a refund is to be issued.

Requested by: The Honorable Duvall Williams, Marion County Auditor

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November 20, 1989

Opinion concerning whether Lee County may annually levy a ten mill tax for the hospital during and after a ten year period, during which time the Lee County Hospital will be managed by a group of Physicians on the County’s behalf.

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

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November 20, 1989

Opinion concerning whether the Marion County Attorney would be considered an officer for dual office holding purposes.

Requested by: James E. Brogdon, Jr., Esquire, Marion County Attorney

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November 20, 1989

Opinion concerning a situation in which a purchaser acquire possession and use of a mobile home under a contract of sale. Under the agreement, the seller is to provide a good title or deed to the mobile home when the payments are completed. The issue is whether the purchaser has a sufficient interest in the mobile home to satisfy the ownership requirement for the exemption.

Requested by: Ms. Kathleen B. Hipskind, Office of Horry County Auditor

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November 15, 1989

Opinion concerning whether the Federal Emergency Management Agency is required to obtain permits for mobile homes it owns and provides within the State to disaster victims.

Requested by: The Honorable Barbara Sylvester, Florence County Assessor’s Office

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November 15, 1989

Opinion concerning when individuals commissioned by a sheriff may carry a pistol.

Requested by: Raymond Britt, Chief of Police, Marion Police Department

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November 15, 1989

Opinion concerning whether a beach nourishment project would fall within the definition of “improvements,” so that a municipal improvement district could be established for this purpose.

Requested by: The Honorable Martha K. Baumberger, Mayor, Town of Hilton Head

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November 14, 1989

Opinion concerning whether Richland County may impose a business license tax upon the holders of a Class E or F certificate that is issued such business by the Public Service Commission under the provisions of Section 58-23-510.

Requested by: Ms. Mary Alice Hobbs, Staff Attorney, Richland County Attorney’s Office

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November 14, 1989

Opinion concerning whether the names or applications for nomination to the Public Service Commission, as submitted to the Public Service Merit Selection Panel, would be disclosable under South Carolina’s Freedom of Information Act.

Requested by: The Honorable Donald H. Holland, Senator, District No. 27

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November 9, 1989

Opinion concerning whether, when a chairman of a standing committee of the Senate or House of Representatives or his designee is made a member of a board or similar organization, the designee must be a committee member.

Requested by: Mr. Thomas S. Linton, Code Commissioner and Director, Legislative Council of the General Assembly

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November 9, 1989

Opinion concerning whether hours spent by employees of the South Carolina Public Service Commission in uniform traveling from their home posts many miles away should be counted as duty hours that warrant compensation.

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

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November 8, 1989

Opinion concerning the rights of a municipality to collect delinquent taxes on property that is impressed with state or county tax liens in the absence of an agreement with a county.

Requested by: Ms. Ali Bring, Town Administrator, Town of Hardeeville

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November 7, 1989

Opinion concerning a non-profit corporation that was dissolved by administrative action of the Secretary of the State pursuant to Section 33-21-110, South Carolina Code 1976, on April 21, 1986, for failure to pay its annual license or franchise fee.

Requested by: The Honorable Robert L. Helmly, Senator, District No. 37

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November 6, 1989

Opinion concerning provisions of free tuition to persons sixty years old.

Requested by: Fred R. Sheheen, Commissioner, S.C. Commission on Higher Education

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November 6, 1989

Opinion concerning the practice in some magistrate’s courts of drawing more than the required number of jurors and alternates for a trial in anticipation of having an insufficient number of jurors at trial.

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

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November 6, 1989

Opinion concerning the authority of a town policeman beyond the town limits.

Requested by: The Honorable Rufus E. Ferguson, Magistrate, County of Allendale

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November 6, 1989

Opinion concerning a policy of the City of Camden Municipal Court requiring the attendance in Court of parents of juveniles under eighteen years of age charged with offenses within the jurisdiction of that Court.

Requested by: Charles V. B. Cushman, III, Esquire, Camden City Attorney

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November 3, 1989

Opinion concerning whether owners or employees of a bar are authorized to confiscate illegal or questionable I.D.’s from underage drinkers.

Requested by: The Honorable Candy Y. Waites, Member, House of Representatives

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November 3, 1989

Opinion regarding S.378, which deals with mail-order prescription drugs and devices shipped into this State.

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

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October 31, 1989

Opinion concerning the appropriateness of two Local Option Permit grant requests which the Commission approved; and addressing whether programs which provide intervention assistance for criminally “at risk” persons are law enforcement related.

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

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October 30, 1989

Opinion regarding pending legal proceedings involving the South Carolina State Ports Authority and the National Labor Relations Board.

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

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October 27, 1989

Opinion regarding a situation in which a person is qualified and receiving the homestead exemption for his “dwelling place” that consist of land and a mobile home, which was moved from the land in 1988 and a new or different mobile home was immediately put in the place of the one removed. This Opinion addresses whether a new application for the homestead exemption is required.

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

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October 26, 1989

Opinion regarding a procedure the Chief of SLED intends to implement regarding the handling of evidence at the new forensic laboratory.

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

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October 26, 1989

Opinion concerning whether the reorganization of the Richland County Sheriff’s Department by the placement of the Emergency Preparedness Department of the County under the supervision of the Sheriff requires a referendum.

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

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October 26, 1989

Opinion regarding who the State Development Board may work with on a local county level in matters of economic development and under what authority the Board acts.

Requested by: John C. Hankinson, Jr., Deputy Director, South Carolina State Development Board

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October 26, 1989

Opinion requesting as to whether or not an employee who was discharged from employment by the Chief Administrative Magistrate for Dorchester County is entitled to a public hearing before the entire County Council.

Requested by: John G. Frampton, Esquire

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October 18, 1989

Opinion concerning the eligibility of various entities to enter the State Health Insurance Plan and also providing clarification regarding other aspects of the Plan.

Requested by: Phyllis B. Beighley, Assistant Director, Division of Insurance Services, State Budget and Control Board

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October 17, 1989

Opinion advising that “[l]iterally thousands of watercraft are sunk or washed ashore in the coastal counties of South Carolina” as a result of Hurricane Hugo and “[I]ndividuals and perhaps companies are now engaged in salvage operations on these vessels”; field officers of the agency are having a difficult time distinguishing between salvage and looting. This Opinion provides clarification.

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

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October 16, 1989

Opinion questioning the legality of a planned narcotics operation which would be similar to sobriety check-points or roadblocks presently being used by some law enforcement agencies.

Requested by: The Honorable Gene Taylor, Sheriff, Anderson County

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October 16, 1989

Opinion concerning the legality of the use of state funded personnel to capture wild turkeys.

Requested by: The Honorable L. Edward Bennett, Chairman, Agriculture and Natural Resources Committee

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October 13, 1989

Opinion concerning whether the statute law authorizes a municipality to require payment of a business license tax upon a person whose activity is the delivery of goods into the city?

Requested by: The Honorable Hugh K. Leatherman, Sr., Senator, District 31

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October 12, 1989

Opinion concerning whether a line item in the Appropriation Act for an agency head’s salary can have the effect of raising a salary without regard to provisos in the Act establishing pay increases.

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

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October 12, 1989

Opinion advising that, in areas of this State devastated by Hurricane Hugo, an unusual situation exists in that there is a tremendous amount of fuel (i.e., fallen trees and branches) on the ground which will most probably be burned as a means of removal.

Requested by: Robert J. Gould, Acting State Forester, South Carolina Forestry Commission

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October 12, 1989

Opinion concerning whether the Comprehensive Health Education Act, Section 59-32-10 et seq., of the Code of Laws of South Carolina, 1976, as amended, governs only comprehensive health education matters implemented pursuant to the Act or whether it also governs such matters that originated prior to the Act’s passage.

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

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October 12, 1989

Opinion addressing several questions that deal with drafting legislation which would permit insurance brokers to place business through licensed agents of insurers licensed in South Carolina and to permit agents which are not licensed by an insurer to service an account when that agent “brokers’ business through a licensed agent of the insurer.

Requested by: The Honorable John Courson, Senator, District 20

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October 11, 1989

Opinion concerning the requirements for proper notification as to meetings of public bodies under the Freedom of Information Act.

Requested by: Millard G. Smith, Executive Secretary, Anderson County Department of Education

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October 10, 1989

Opinion concerning whether the General Assembly in the annual Appropriations Act may allocate taxes levied under general law for specific purposes to fund other purposes?

Requested by: The Honorable Phil P. Leventis, Senator, District No. 35

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October 10, 1989

Opinion relative to government volunteers and Workers’ Compensation Coverage.

Requested by: Michael J. Cavanaugh, Executive Director, South Carolina Department of Probation, Parole, and Pardon Services

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October 9, 1989

Opinion concerning the legality of expenditure of accommodations tax revenues in the matter of the Town Council of Hilton Heat Island contributing to the South Carolina coastal areas devastated by Hurricane Hugo.

Requested by: Janet T. Butcher, Esquire

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October 6, 1989

Opinion concerning whether Clarendon County can incur indebtedness in anticipation of a federal grant?

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

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October 5, 1989

Opinion concerning whether the compensation for the Oconee County Assessor is to be established by the Legislative Delegation or County Council.

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

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October 5, 1989

Opinion concerning whether “financial contributions,” as defined in Section 58-25-20 (17), South Carolina Code of Laws (1988 Cum. Supp.), include the vehicle registration fees in relation to determining membership on the regional transportation authority board; whether active military personnel are exempt from vehicle registration fees; and whether a city or town can withdraw from membership in an RTA without a dissolution of the RTA?

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

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October 4, 1989

Opinion concerning whether a portion of the in lieu of tax payment made pursuant to Section 4-29-67 may be allocated and applied to bond debt of a school district or political entity?

Requested by: The Honorable Claudia Lee Hendrix, Lexington County Auditor

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October 3, 1989

Opinion concerning whether employed persons whose jobs have been displaced as a result of Hurricane Hugo must be required to seek other employment for a period of one week prior to establishing their eligibility for unemployment compensation.

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

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October 2, 1989

Opinion concerning whether Florence County Council rather than the Florence County Legislative Delegation would be the more appropriate body to consent to borrowing money, along with Florence City Council.

Requested by: The Honorable E. LeRoy Nettles, Jr., Member, House of Representatives

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October 2, 1989

Opinion concerning the authority of a municipal law enforcement agency as to property which is not located within the corporate limits of a municipality but is leased by the municipality for its use.

Requested by: The Honorable J. Stanley Bird, Chief of Police, City of Myrtle Beach

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October 2, 1989

Opinion concerning whether a magistrate may charge a one dollar fee for taking and filing an order for bail with or without bond.

Requested by: The Honorable John A. Bearden, Clerk of Court, Lexington County, Eleventh Judicial Circuit

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September 29, 1989

Opinion concerning whether the Commissioner of Insurance has the statutory authority to disapprove a health insurance policy form filing which represents a new generation of major medical products on any other grounds than the standards set forth in Section 38-71-310.

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

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September 27, 1989

Opinion concerning which fund monies from sales of abandoned or stolen property shall be placed and how these monies may be used.

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

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September 27, 1989

Opinion concerning whether municipal judges or municipal clerks of court are required to accept surrendered licenses and whether they are liable for the willful failure to forward surrendered licenses to the highway department.

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

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September 27, 1989

Opinion concerning the legality and constitutionality of a policy adopted by a state agency which provides that, if an employee is served with a warrant for a felony or indicted for a felony, the employee is suspended from employment pending the outcome.

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

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September 25, 1989

Opinion concerning whether the State or any of its political subdivisions can retain interest earned on funds deposited with magistrates in payment of fines or as bail.

Requested by: Michael T. Rose, Senator of South Carolina

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September 26, 1989

Opinion concerning whether the South Carolina Occupational Health and Safety Review Board may begin following its proposed regulation even though that regulation will not become effective until the next legislative session.

Requested by: Elaine L. Craft, Chairman, S.C. Occupational Health and Safety Review Board

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September 25, 1989

Opinion regarding whether three individuals may be holding two offices simultaneously, in violation of the dual office holding prohibitions of the State Constitution.

Requested by: John M. Smith, Esquire, Barnwell County Attorney

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September 25, 1989

Opinion addressing multiple questions regarding large sums of bail bond money held in the official accounts of clerks of court and magistrates, specifically regarding the investment of these sums in interest-bearing accounts and to whose benefit interest on bail bond monies would inure.

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

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September 25, 1989

Opinion concerning whether an ordinance adopted by town Council with respect to the abatement of unsafe buildings may be in conflict with the South Carolina Code of Laws.

Requested by: R. Powell Black, Town Advisor, Town of Jefferson

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September 25, 1989

Opinion on whether any priority should be given the collection and transmittal of funds designated for the State Office of Victim Assistance. Requested by Motte L. Talley, South Carolina Court Administration. Read full opinion.

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September 21, 1989

Opinion concerning whether a dual office holding situation exists if the mayor of a town simultaneously serves on the South Carolina Water Resources Commission representing the agricultural interest.

Requested by: The Honorable Lynn H. Youmans, Jr., Mayor, Town of Furman

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September 21, 1989

Opinion concerning whether the Charleston Harbor Estuary Citizen’s Committee would be a public body and thus subject to the requirements of the South Carolina Freedom of Information Act, Section 30-4-10 et seq., Code of Laws of South Carolina (1988 Cum. Supp.)

Requested by: Ms. Margaret A. Davidson, Executive Director, South Carolina Sea Grant Consortium

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September 21, 1989

Opinion concerning the practice of the State Wildlife and Marine Resources Department of transferring wild turkeys from South Carolina to another state.

Requested by: The Honorable L. Edward Bennett, Chairman, Agriculture and Natural Resources Committee

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September 20, 1989

Opinion concerning whether the Budget and Control Board or the Coastal Council has jurisdiction “to authorize previously unauthorized work in an area designated as a ‘critical area’ under the Coastal Zone Management Act.”

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

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September 19, 1989

Opinion concerning whether Richland County Council might extend the contracts for franchised garbage collectors in the unincorporated areas of the county without requiring new bids.

Requested by: The Honorable Richard M. Quinn Jr., Member, House of Representatives

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September 19, 1989

Opinion concerning whether there is any legal requirement for a sheriff to furnish crossing guards or to furnish supervision for school crossing guards for public schools within the jurisdiction of the sheriff.

Requested by: The Honorable James R. Metts, Sheriff, Lexington County Sheriff’s Office

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September 19, 1989

Opinion concerning whether the S.C. Real Estate Commission has the authority to enter into an Affirmative Fair Housing Agreement with the United States Department of Housing and Urban Development.

Requested by: The Honorable Henry L. Jolly, Commissioner, S.C. Real Estate Commission

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September 14, 1989

Opinion concerning whether Section 15-3-530, South Carolina Code of Laws, 1976 (as last amended by Act 432 of 1988), repeals Section 38-71-340(11) (as last amended by Act 394 of 1988).

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

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September 14, 1989

Opinion regarding the State Ethics Act, Sections 8-13-10 et seq. of the Code.

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

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September 11, 1989

Opinion concerning whether the South Carolina Peach Festival, Inc. is bound by its charter or whether such organization may contribute to other eleemosynary organizations.

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

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September 11, 1989

Opinion concerning whether the millage rate floor referred to in Section 4-29-67(2)(a) is the millage rate existing at the time of the inducement agreement or at the time of the execution of the lease agreement.

Requested by: Robert C. Childs, Esquire, Greenville County Attorney

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September 8, 1989

Opinion concerning purported appointments to the Charleston County election Commission made during the past twelve months.

Requested by: The Honorable Herbert U. Fielding, Senator, District No. 42; The Honorable D. N. Holt, Jr., Member, House of Representatives

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September 8, 1989

Opinion concerning the legal options available to the Alcoholic beverage Control Commission regarding a licensee who allegedly refuses to serve African Americans in his restaurant, licensed by the Commission to sell beer and wine and liquor.

Requested by: The Honorable Carroll A. Campbell, Jr., Governor of South Carolina; Elliot D. Thompson, Chairman, Alcoholic Beverage Control Commission

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September 7, 1989

Opinion concerning whether a dual office holding situation exists if one serving on the Aiken County Board of Social Services simultaneously serves on Aiken City Council.

Requested by: The Honorable Thomas L. Moore, Senator, District No. 25

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September 7, 1989

Opinion regarding whether Section 20-7-600(d) of the Code which prohibits secure confinement of juvenile status offenders also applies to law enforcement lockups or holding cells.

Requested by: Stan M. McKinney, Director, Division of Public Safety Programs

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September 7, 1989

Opinion concerning the jurisdiction of local planning commissions.

Requested by: Edgar Dyer, Special Counsel, Horry County Planning Commission

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September 6, 1989

Opinion addressing several questions regarding the Marlboro County Historical Preservation Commission.

Requested by: The Honorable John I. Rogers, III, Speaker Pro Tempore, House of Representatives

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September 6, 1989

Opinion regarding whether underinsured motorist claims are subject to subrogation.

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

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September 5, 1989

Opinion regarding a city councilman not living in the area he was elected to represent.

Requested by: The Honorable Lucille S. Whipper, Member, House of Representatives

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September 5, 1989

Opinion regarding whether a school crossing guard is authorized to order compliance with traffic laws.

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

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September 1, 1989

Opinion concerning whether Section 20-7-600(d) of the Code which prohibits secure confinement of juvenile status offenders also applies to law enforcement lockups or holding cells.

Requested by: Michael T. Rose, Senator, The State of South Carolina

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August 30, 1989

Opinion responding to a request for a review of a prior opinion dated September 1, 1988, concerning appointments to the Florence City-County Airport Commission.

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

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August 30, 1989

Opinion concerning the constitutionality and usefulness of a proposed legislation drafted “…to ensure that voter registration is uniform with regards to students. As …some students are allowed to register in the county of their school’s location while others are not.”

Requested by: The Honorable Donald H. Holland, Senator, District No. 27

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August 28, 1989

Opinion concerning what statute properly governs the process of amending the charter of a nonprofit corporation.

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

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August 28, 1989

Opinion concerning whether the Legislative Delegation or the Oconee County Council has the authority to increase the per diem paid members of the Oconee Tax Board of Appeals.

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

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August 23, 1989

Opinion concerning whether Act No. 196 of 1989 which substantially amends the Hazardous Waste Management Act, consistent with 40 C.F.R. 271.4(a).

Requested by: The Honorable Michael D. Jarrett, Commissioner, South Carolina Department of Health and Environmental Control

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August 22, 1989

Opinion concerning a referendum possibly to be held with respect to water and sewer utilities in Florence County, pursuant to Article VIII, Section 16 of the State Constitution.

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

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August 21, 1989

Opinion concerning whether there have been any amendments during this past legislative session to the provisions of Sections 17-22-10 et seq. of the Code which is this State’s Pretrial Intervention Act.

Requested by: John T. Hayes, Director, Adult and Juvenile Pre-Trial Diversion Programs, Seventh Judicial Court

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August 21, 1989

Opinion concerning the application of Section 33-55-210, Code of Laws of South Carolina, 1976 (1988 Cum. Supp.), to physicians providing medical services in certain factual situations.

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

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August 21, 1989

Opinion concerning whether a designated carrier insurance company should honor a request for policy cancellation from a designated agent when all or part of the premium payment to the agent was made with a check returned from the bank to the agent “stop payment” or “insufficient funds”, the agent having already remitted the premium payment to the company.

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

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August 21, 1989

Opinion concerning the constitutionality of an act bearing ratification number 308 of 1989.

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

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August 18, 1989

Opinion concerning how a vacant seat on the Beaufort County Board of Education will be filled.

Requested by: The Honorable Juanita M. White, Member, House of Representatives

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August 17, 1989

Opinion concerning the transportation of probation and parole violators from other states to South Carolina, pursuant to South Carolina warrants charging a violation of probation or parole.

Requested by: The Honorable Michael J. Cavanaugh, South Carolina Department of Probation, Parole and Pardon Services

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August 14, 1989

Opinion concerning §1-11-65 of the Code of Laws of South Carolina, 1989, as amended this year.

Requested by: The Honorable Elizabeth V. Eddins, Clerk of Court for Chesterfield County

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August 7, 1989

Opinion concerning whether two officers, who were dismissed from the Police Academy but who also have not been employed for one year, “legally perform law enforcement duties until they pass the requirements mandated by law while still remaining in the one year time frame?” Also, “[i]f they cannot perform duties of an officer, should they be reassigned to desk duty or be terminated?”

Requested by: The Honorable James Lee Foster, Sheriff, Newberry County

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August 7, 1989

Opinion concerning when a person may file an application for the homestead exemption.

Requested by: The Honorable Kenneth S. Holt, Auditor of Horry County

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August 1, 1989

Opinion concerning the authority of clerks of court, magistrates and municipal court judges to release search warrants, arrest warrants and bench warrants.

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

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August 1, 1989

Opinion referencing a prior opinion dated March 24, 1989, which construed a provision in Act No. 532 of 1988 that increased the length of the period which may be considered for determining prior offenses of driving under the influence from five years to ten years.

Requested by: William L. Todd, Assistant Chief Counsel, South Carolina Department of Highways and Public Transportation

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July 28, 1989

Opinion on who is responsible for the law enforcement of lease office space. Requested by Captain Joseph A. Holley, S.C. Law Enforcement Division. Read full opinion.

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July 28, 1989

Opinion concerning the liability of the South Carolina Department of Archives and History where an employee or volunteer suffers injury or property damage when working with the Department in emergency recovery efforts.

Requested by: Mr. George L. Vogt, Director, South Carolina Department of Archives & History

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July 27, 1989

Opinion concerning whether there would be a conflict of interest for the wife or other member of the immediate family of a commissioned law enforcement officer to own, operate or manage a private detective or private security agency.

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

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July 27, 1989

Opinion concerning whether the Union County Commission on Alcohol and Drug Abuse would be a state agency or a county agency and who is responsible for handling funds for the entity.

Requested by: J. S. Flynn, Esquire, Union County Attorney

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July 27, 1989

Opinion concerning whether a dual office situation exists if a member of the Hampton County Industrial Development Commission simultaneously serves as a trustee of the Medical University of South Carolina.

Requested by: Ms. Virginia L. Sinclair, Hampton County Administrator

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July 26, 1989

Opinion concerning whether a Probate Court Clerk of Court or Deputy Clerk of Court may serve as a juror in Court of Common Pleas or General Sessions, magistrate’s or coroner’s court, or the like.

Requested by: The Honorable Evelyn W. Shelley, Judge of Probate, Beaufort County

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July 25, 1989

Opinion concerning whether a municipal court is authorized to allow individuals to post bond or pay fines by credit card.

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

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July 24, 1989

Opinion regarding the legal validity and enforceability of the guarantee and the surety bond set forth at 40 C.F.R. §280.96(c) and §280.98(b), respectively.

Requested by: Michael D. Jarrett, Commissioner, South Carolina Department of Health and Environmental Control

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July 20, 1989

Opinion concerning whether §56-5-2940 by adding an additional five years to the period for considering subsequent DUI offenses violates ex post facto provisions of the State and Federal Constitutions.

Requested by: The Honorable Jim Dunn, Solicitor, Fifteenth Judicial Circuit

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July 18, 1989

Opinion concerning whether a dual office holding situation exists if a member of Barnwell County Council simultaneously serves on two county boards.

Requested by: John M. Smith, Esquire, Barnwell County Attorney

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July 17, 1989

Opinion concerning whether §8-1-140 is applicable to a particular situation and, if so, when a special election is triggered pursuant to that statute.

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

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July 17, 1989

Opinion addressing several questions with respect to the City of Columbia providing water and sewer services to non-residents of the City.

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

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July 13, 1989

Opinion referencing 1988 S.C. Acts 658, §120.5 [“1988-89 general appropriations act”] and addressing whether this section controls the expenditure of money by Bonds or other sources that might have been received in years prior to the enactment of this provision of the Appropriations Act.

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

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July 13, 1989

Opinion concerning whether any South Carolina Law would prohibit the South Carolina Museum Commission from purchasing a particular historical artifact jointly with the National Museum of American History of the Smithsonian Institution.

Requested by: Dr. Rodger E. Stroup, Chief Curator, South Carolina State Museum

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July 13, 1989

Opinion concerning whether a dual office holding situation exists if a member of the Agency Head Salary Commission simultaneously serves on the Florence County Election Commission.

Requested by: The Honorable Lee Blackburn

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July 11, 1989

Opinion concerning how tax charges are deleted from the duplicate for motor vehicles when there is no evidence the vehicle was licensed or registered with the South Carolina Department of Highways and Public Transportation for a particular tax year.

Requested by: The Honorable Kenneth Holt, Auditor, Horry County

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July 11, 1989

Opinion addressing a letter of June 8, 1989 regarding the Greenville County Redevelopment Authority.

Requested by: Ms. Brenda Bryant, South Carolina State Retirement System

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July 11, 1989

Opinion concerning a particular situation involving a number of lottery magazines offered at newsstands for sale that contain advertisements for opportunities to play a lottery.

Requested by: The Honorable Holman C. Gossett, Jr., Solicitor, Seventh Judicial Circuit

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July 10, 1989

Opinion addressing a number of questions concerning Act R263, Acts and Joint Resolutions of South Carolina, 1989, concerning operating school tax millage for that school district.

Requested by: C. Wade Cleveland, Esquire, Office of Legal Counsel, The School District of Greenville County

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July 5, 1989

Opinion reviewing an administrative decision made by the Retirement System in order to determine if its interpretation and application of its policy prohibiting dual coverage of dependents is correct.

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

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June 28, 1989

Opinion concerning the legality of an ordinance by the Town of Mount Pleasant regulating fireworks.

Requested by: The Honorable Everett Jones, Member, Mount Pleasant Town Council; Fred Thompson, III, Esquire, Mount Pleasant Town Attorney

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June 28, 1989

Opinion concerning whether the age of 71 would prevent one from serving the remaining three years of the elected term on the South Carolina Employment Security Commission.

Requested by: The Honorable C. Lem Harper, Member, South Carolina Employment Security Commission

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June 23, 1989

Opinion concerning the authority of the Stroud Memorial Hospital District to levy taxes, issue bonds and borrow funds.

Requested by: Ms. Earlene G. Jones, Administrator, Stroud Memorial Nursing Home

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June 22, 1989

Opinion concerning enforcement procedures to compel compliance with the Freedom of Information Act by a public body.

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

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June 20, 1989

Opinion regarding the meaning of the term “incorrigible” as used in Section 59-63-240 of the Code of Laws of South Carolina (1976 as amended).

Requested by: The Honorable Candy Y. Waites, Member, House of Representatives

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June 19, 1989

Opinion concerning whether there would be any violations of the State Ethics Act, Sections 8-13-10 et seq. of the Code, for the representative to obtain a minority stock interest in a proposed nursing home.

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

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June 19, 1989

Opinion concerning the constitutionality of H.3985, R-302, 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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June 15, 1989

Opinion regarding revisions and provisos contained in the 1989-90 appropriations bill concerning “minority/women’s highway construction set aside.”

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

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June 13, 1989

Opinion concerning whether Section 58-25-30 may be amended to delete the requirement that the question of creating a regional transportation authority [RTA] be submitted for ratification to the electors at a general or special election, thus allowing an RTA to be created upon execution of the agreement as described in Section 58-25-30(2).

Requested by: Joe G. Rideoutte, Executive Director, South Carolina Department of Highways and Public Transportation

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June 13, 1989

Opinion concerning whether an election is required in a newly created district which includes two incumbent councilmembers with terms running to January, 1991 and whether an election is required in a newly created district which includes one incumbent councilmember with a term running to January, 1989 and one incumbent with a term running to January 1991.

Requested by: William P. Griggs, Esquire

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June 13, 1989

Opinion concerning whether a violation of 18 U.S.C. § 1014, which deals with making false statements to a federally insured financial institution, would amount to a crime of moral per article VI, Section 8 of the Constitution of the State of South Carolina.

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

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June 12, 1989

Opinion regarding arrangements for Laurens County’s development and sale of 165 acres with the assistance of a commercial real estate developer and agent.

Requested by: Mr. Ernest B. Segars, Administrative Assistant, Laurens County Council

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June 12, 1989

Opinion concerning whether Richland County Council can legally grant a special exception to a zoning ordinance, and if it is illegal for County Council to grant a special exception to a zoning ordinance, what recourse people have who are aggrieved by such an exception that County Council has granted.

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

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June 8, 1989

Opinion concerning whether Anderson County Legislative Delegation is required by Section 5 of Act 510, Acts of 1982, to approve the annual budget and tax levy for the Anderson County Department of Education, including those years in which the budget submitted by the Department reflects no change.

Requested by: The Honorable C.D. Chamblee, Member, House of Representatives

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June 6, 1989

Opinion concerning the constitutionality of H.4088, R-27, an act amending Act No. 784 of 1964 relative to the Lugoff Water District in Kershaw County.

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

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June 6, 1989

Opinion concerning the constitutionality of H.4045, R-248, an act creating the South Carolina Future Farmers of America Camp Wildlife Sanctuary in Horry County.

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

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June 6, 1989

Opinion concerning the constitutionality of H.4107, R-262, which pertains to the South Greenville Area Fire District in Greenville County.

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

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June 6, 1989

Opinion concerning the constitutionality of S.804, R-205, an act repealing Act No. 735 of 1936 as to the Newberry County Park Commission.

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

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June 6, 1989

Opinion asking as to whether the City of Anderson may become a member of the Greenville Transit Authority without regard to whether the Count of Anderson is a member.

Requested by: Thomas F. Dugas, Horton, Drawdy, Ward & Johnson, P.A.

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June 5, 1989

Opinion concerning whether the life estate satisfies the conditions for the homestead exemption.

Requested by: The Honorable Kenneth S. Holt, Auditor, Horry County

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June 2, 1989

Opinion providing an interpretation of Section 40-47-200(2).

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

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June 1, 1989

Opinion concerning whether the Governor can also limit the subject matter which the General Assembly may deliberate.

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

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May 31, 1989

Opinion concerning the constitutionality of S.373, R-163, an act amending Section 7-13-325, Code of Laws of South Carolina (1976 & 1988 Cum. Supp.), relative to use of nicknames on an election ballot, and also amending Section 12-54-240 of the Code, relative to disclosure of taxpayers’ names for preparation of jury lists.

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

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May 31, 1989

Opinion concerning the constitutionality of H.3336, R-180. This ratified bill amends Section 5-31-210 of the Code of Laws of South Carolina (1976) to permit a municipality of a population of 50,000 or less persons according to the 1980 official census with boards of commissioners of public works founded after 1920 to add two additional members to the board of public works.

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

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May 30, 1989

Opinion concerning the constitutionality of S.591, R-173, an act amending Act No. 879 of 1966 relative to the Laurens County Historic Preservation Commission.

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

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May 26, 1989

Opinion concerning whether a proposed amendment to House Bill 3161 of 1989 will infringe upon the rights of cities and counties to enter into franchise agreements with cable TV operations.

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

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May 26, 1989

Opinion concerning “whether specific licensing fee amounts have to be set out in regulation or statute or can a board establish a range so that changes in fees can be made without submitting the change to the General Assembly for approval.”

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

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May 26, 1989

Opinion concerning contiguity of two parcels of property proposed to be annexed to the City of Greenville.

Requested by: Stephen A. Kern, Esquire

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May 25, 1989

Opinion concerning whether “the exceptions to the old child restraint law still apply to the new law.”

Requested by: Perry W. Brown, Deputy Director, State of South Carolina Division of Public Safety Programs

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May 22, 1989

Opinion concerning whether the Aiken County Board of Education can increase the compensation of its members as of the 1st of July 1989, for fiscal year 1989-90 or whether the Board must delay the increase until elections are held for the seats of each of the members in the general elections.

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

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May 22, 1989

Opinion concerning whether a local governmental body may use public taxpayers’ funds for picnics and social events for employees and for members of the governing body.

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

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May 17, 1989

Opinion concerning the legality of DHEC Regulation Numbers 1090 and 1091which “impose a new requirement that applications for a permit to construct or expand a hazardous or non-hazardous solid waste facility must be accompanied by a ‘demonstration of need,’ which must be of a form and content as the department may specify.”

Requested by: The Honorable Edward E. Saleeby, Senator, District No. 29

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May 17, 1989

Opinion concerning whether Section 16-1-60 of the Code which defines “violent crimes” effectively repeals Section 16-23-10(c) of the Code which defines “crime of violence” when used in Article 1 of Chapter 23.

Requested by: The Honorable Edward H. Overcash, Jr., Chief Judge, Spartanburg Magistrate Court

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May 16, 1989

Opinion concerning whether there is a conflict between the provisions of Article I, Section 14 of the State Constitution and Section 14-25-125 of the Code.

Requested by: Philip E. Wright, Esquire, City Solicitor, City of Lancaster

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May 16, 1989

Opinion concerning whether a dual office holding situation exists if a Probation and Parole Agent III, presently assigned as a Public Service Employment Coordinator, simultaneously serves on city council.

Requested by: Michael J. Cavanaugh, Executive Director, South Carolina Department of Probation, Parole, and Pardon Service

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May 15, 1989

Opinion concerning whether the County governing body must provide funds to the County Election Commission for the purpose of holding elections regarding annexation of areas into municipality and elections for members of boards of special purpose districts.

Requested by: Robert M. Bell, Esquire

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May 15, 1989

Opinion concerning whether a dual office situation exists if a member of the Work Support Advisory Council (a Department of Social Services council) simultaneously serves on a county council.

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

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May 15, 1989

Opinion concerning whether a county election commission is the proper authority to make a voting rights submission.

Requested by: Joseph S. Mendelsohn, Esquire, Attorney at Law

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May 15, 1989

Opinion addressing S.C. CODE ANN. Section 14-7-130, as amended in 1988, which provides for the preparation of jury lists from a tape of persons holding valid drivers’ licenses or identification cards.

Requested by: The Honorable George M. Ducworth, Solicitor, Tenth Judicial Circuit

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May 15, 1989

Opinion concerning whether a dual office holding situation exists if a member of Calhoun County Council simultaneously served as executive director of the Calhoun County Development Board.

Requested by: Mr. David Buyck, Calhoun County Development Board

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May 15, 1989

Opinion concerning whether the county can levy a countywide millage for the purpose of providing garbage collection services only to the residents of the unincorporated areas of the county; whether a County Treasurer can sell property at a tax sale because of unpaid garbage service fees when the ad valorem taxes on said property have been paid; and whether the county can levy a millage in the unincorporated area of the county only for the purpose of providing garbage collection service to the residents of said unincorporated area.

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

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May 11, 1989

Opinion concerning whether the provisions of Sections 56-3-1950 et seq. of the Code which provide for free parking for handicapped persons are applicable to handicapped parking in parking garages which provide timed or metered parking.

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

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May 9, 1989

Opinion concerning whether a dual office holding situation exists if the Aiken County Veterans Affairs Officer simultaneously serves on the Indigent Care Advisory Board.

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

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May 9, 1989

Opinion concerning whether a conflict of interest would exist if a member of the House of Representatives from Sumter County were to permit a trailer owned by him to be rented by the Sumter 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 E. B. McLeod, Jr., Member, House of Representatives

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May 8, 1989

Opinion concerning expenditures from the 1988-1989 Berkeley County Sheriff’s budget for overtime for officers in the Sheriff’s department.

Requested by: John H. Tiencken, Jr., Esquire, Berkeley County Attorney

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May 8, 1989

Opinion concerning whether the Town of Mount Pleasant can adopt a policy which would require individuals requesting a jury trial for offenses such as DUI to post a cash bond for the maximum amount of the possible fine at the time these individuals request a jury trial.

Requested by: The Honorable Dennis E. O’Neill, Municipal Judge, Town of Mount Pleasant

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May 8, 1989

Opinion concerning the constitutionality of H.3964, R-126, which sets the millage for several agencies, special purpose districts, and commissions located within Charleston County.

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

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May 4, 1989

Opinion addressing three questions concerning the carrying of handguns in motor vehicles.

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

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May 2, 1989

Opinion concerning whether a reserve officer with a sheriff’s department could also hold a state constable commission.

Requested by: The Honorable W. Richard Lee, Senator District No. 11

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May 2, 1989

Opinion concerning whether certain interpretation of Section 2-49, 2-50, 2-59, and 2-63 of the Spartanburg City Code are correct.

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

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May 1, 1989

Opinion providing an interpretation of Section 4-11-170 of the Code of laws of South Carolina (1976).

Requested by: The Honorable Michael T. Rose, Senator, District No. 38

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May 1, 1989

Opinion concerning whether a South Carolina nonprofit corporation needs to purchase “umbrella coverage” to supplement its current liability policies to protect its directors and officers.

Requested by: The Honorable Donna A. Moss, Chairman, Medical, Military, Public and Municipal Affairs Committee

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April 28, 1989

Opinion concerning whether the State may impose a ten dollar ($10.00) fee per mile upon cable television companies in order to use the easement or right-of-way belonging to the State.

Requested by: The Honorable John C. Lindsay, Senator, District No. 28; The Honorable Michael T. Rose, Senator, District No. 38

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April 25, 1989

Opinion concerning the constitutionality of H.3779, R-96, and Act to amend Act 865 of 1973 relating to the Buffalo Water and Sewer District, so as to change the method of electing members and to provide for the issuing of certificates.

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

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April 25, 1989

Opinion concerning whether the uniform traffic ticket can be used to cite for violations of municipal or county ordinances providing for clean indoor air limitations on smoking in public.

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

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April 25, 1989

Opinion concerning whether the work week for state employees should be 37 ½ hours, 40 hours, or a combination of 40 and 37 ½ hours.

Requested by: The Honorable Alfred C. McGinnis, Sr., Member, House of Representatives

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April 21, 1989

Opinion concerning what types of merchandise may be sold on Sundays prior to 1:30 p.m.

Requested by: The Honorable Nick A. Theodore, Lieutenant Governor

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April 21, 1989

Opinion concerning the constitutionality of Senate Bill 82, which proposes an amendment to Section 15-78-60(a)(15) of the South Carolina Tort Claims Act [Section 15-78-10, et seq.] relative to the exemptions from suit under the Act.

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

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April 20, 1989

Opinion concerning whether pursuant to provisions provided in Section 14-25-65 of the Code a municipal judge can impose a fine in any amount up to two hundred ($200.00) dollars or must the municipal fine two hundred ($200.00) dollars in all instances where there is a violation of a municipal ordinance or a state law within his jurisdiction.

Requested by: R. Powell Black, Town Advisor, Town of Jefferson

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April 20, 1989

Opinion concerning the legality of a real estate broker serving on county council doing business in his official capacity as a real estate broker for the county.

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

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April 20, 1989

Opinion concerning whether either in-state or out-of-state physicians performing “Utilization Reviews” must be licensed to practice medicine in South Carolina if the matter involves a patient located in South Carolina.

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

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April 19, 1989

Opinion offering advice as to whether South Carolina needs a statute to authorize random drug-testing by employers.

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

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April 14, 1989

Opinion concerning whether medical health records maintained by the South Carolina Department of Mental Health should be disclosed to the State Worker’s Compensation Fund.

Requested by: E. Ross Huff, Jr., State Worker’s Compensation Fund

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April 14, 1989

Opinion concerning an interpretation of a proviso in the 1988-89 Appropriation Act and providing guidance as to certain language to be proposed for said Act.

Requested by: Allan J. Spence, Director, Division of Motor Vehicle Management

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April 13, 1989

Opinion concerning a February 7, 1989 letter from Citizens for Orderly Development in Aiken County, relating to responsibilities of the Aiken County Planning Commission.

Requested by: The Honorable Charles R. Sharpe, State Representative

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April 13, 1989

Opinion concerning Michael Lee Bryan who was convicted in Georgia of driving under the influence and addressing the fact that Section 56-1-320 of the Code does not provide for credit for the time involved in the loss of a license in another state prior to the conviction.

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

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April 13, 1989

Opinion concerning whether or not the elected Commissioner of the Lincolnville water and sewer department should exercise more authority than other appointed members.

Requested by: The Honorable Zelma R. Fielding, Mayor, Town of Lincolnville

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April 13, 1989

Opinion concerning the Kershaw County Council and addressing whether alternatives exist in regard to a possible single member plan and whether the chairman would be required by State law to continue being elected as a separate office.

Requested by: William R. Byars, Jr., Esquire, Kershaw County Attorney.

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April 11, 1989

Opinion concerning whether S.528, R-69 is constitutional. Such legislation revises the magistrates’ jury areas in Greenville County and provides for the number and location of magistrates in that County.

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

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April 10, 1989

Opinion addressing a request for several opinions dealing with civil property forfeitures.

Requested by: Lt. Sidney R. Wrenn, Berkeley County Sheriff’s Department

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April 10, 1989

Opinion concerning whether a dual office holding situation would exist if a member of the Chester County Mental Retardation Board simultaneously served on the Olde English Tourism District Commission.

Requested by: Ms. Tamra N. West, Chester County Mental Retardation Board

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April 10, 1989

Opinion concerning the acceptability of indemnification agreements when the South Carolina Department of Social Services would be contracting with other state government entities, federal government entities, or local government entities.

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

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April 6, 1989

Opinion addressing a request for guidance relative to the approval of settlement agreements entered between an employee and the employer or carrier.

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

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April 6, 1989

Opinion concerning whether a county election commission has the power to hire and fire its director or other employees.

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

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April 3, 1989

Opinion concerning a hypothetical situation in which a county employee who possessed a written contract but resigned from employment prior to the expiration of his contract. The question is whether certain severance and leave payments that were made to the individual by county council that may have been in excess of what he was entitled by the agreement would violate any provision of state law.

Requested by: The Honorable Michael T. Rose, Senator, District No. 38

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March 31, 1989

Opinion concerning the constitutionality of H.3501, R-62, an act approving the dissolution of the Una Water District.

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

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March 28, 1989

Opinion concerning providing an interpretation of Sections 56-1-30(3) and 56-1-35 of the Code which deal with driver’s license requirements of military personnel.

Requested by: The Honorable David W. Coker, Magistrate

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March 28, 1989

Opinion containing enclosed copies of opinions of this Office dealing with the Interstate Cooperation Commission and providing clarification of Sections 1-17-10 through 1-17-70 of the Code which provide for such Commission.

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

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March 28, 1989

Opinion concerning whether members of a county board of mental retardation created pursuant to Section 4-9-30(6) could be appointed by the legislative delegation and by the county governing body and whether that board could receive state appropriations through the South Carolina Department of Mental Retardation.

Requested by: Ms. Mary L. Duffie, Executive Director, Richland/Lexington Mental Retardation Board

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March 27, 1989

Opinion concerning whether S-379 may originate in the Senate in conformity with Article III, §15 of the South Carolina Constitution.

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

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March 24, 1989

Opinion concerning whether amendments to sales and use tax statutes set forth in Chapter 35 of Title 12 being considered by the South Carolina Tax Study Commission constitute a property or an excise tax and if property, whether the name meets the requirements.

Requested by: The Honorable Hugh K. Leatherman, South Carolina Tax Study Commission, Senator, District No. 31

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March 24, 1989

Opinion referencing Act No. 532 of 1988 amended Sections 56-5-2940 and 56-5-2990 of the Code concerning an increase of the length of the period which may be considered for determining prior offences of driving under the influence from five years to ten years.

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

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March 24, 1989

Opinion concerning the specific definition of the term “handicapped person,” as defined in Section 2-7-35, S.C. Code of Laws (1976) and which diseases are included in this category. The opinion also addresses what effect, if any, Section 2-7-35 has upon Section 43-33-560 which specifically refers to disease.

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

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March 24, 1989

Opinion concerning whether the South Carolina Code permits chiropractors to use phlebotomy, that is, the practice of using a needle and syringe to draw blood out of a patient’s vein.

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

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March 24, 1989

Opinion concerning the meaning of a statement regarding teachers’ freedom and flexibility to supplement the present science curriculum with the presentation of various scientific theories about the origins of life consistent with the expressions of the Supreme Court in Edwards v. Aguillard which will be included in a proposed Resolution requesting the State Superintendent of Education to communicate the statement to teachers throughout the State.

Requested by: The Honorable Mike Fair, Member, House of Representatives

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March 24, 1989

Opinion concerning whether the General Assembly may now rescind its earlier petition to Congress for the call of a constitutional convention to amend the federal constitution by providing for a balanced budget.

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

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March 16, 1989

Opinion concerning whether a dual office holding situation exists if a member of the Lee County School Board simultaneously serves on a county board of social services.

Requested by: Mr. Barry N. Hickman, Lee County Administrator

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February 16, 1989

Opinion concerning the review of a November 16, 1984 opinion numbered 84-134.

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

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March 14, 1989

Opinion concerning whether The School District of Greenville County is entitled to fifty cents from each marriage license fee being charged by the Greenville County Probate Court pursuant to §20-1-370(4) of the Code of Laws of South Carolina, 1976.

Requested by: C. Wade Cleveland, Esquire, The School District of Greenville County

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March 14, 1989

Opinion concerning (1) Whether any action taken by the City Council prohibiting the alienation of any remaining funds in the present retirement find to a private entity would be binding upon the Columbia city manager. (2) Whether any action taken by the city council with respect to cost of living adjustments for firefighters would be binding upon the city manager. (3) Whether proceeds from the fireman’s insurance and inspection fund authorized pursuant to Sections 23-9-310 et seq. of the Code may be used for funding of the proposed pension plan and, if so, what the mechanism is for appropriating such funds.

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

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March 14, 1989

Opinion concerning whether it is permissible to elect a Chairman and Vice-Chairman of Laurens County Council by secret ballot.

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

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March 14, 1989

Opinion concerning the new upper limit which may be levied by the school district of Greenville County without further action of the Legislature.

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

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March 14, 1989

Opinion concerning whether penalties for late payment are to be charged and whether collection can be enforced when the tax levied upon an assessment issued under Section 12-43-305 is unpaid.

Requested by: Mr. James L. Brodie, Director, Property Division, S.C. Tax Commission

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March 13, 1989

Opinion referencing a prior opinion dated April 15, 1983 concerning the salary of the secretary of the legislative delegation.

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

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March 10, 1989

Opinion concerning the constitutionality of proposed legislation to amend S.C. Code Ann. §56-15-330 (1976).

Requested by: The Honorable David L. Thomas, District No. 8 – Greenville County; The Honorable Dave C. Waldrop, Jr., District No. 40 – Newberry County

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March 10, 1989

Opinion concerning whether a person with a prior felony conviction could seek public office.

Requested by: The Honorable Ennis M. Fant, Member, House of Representatives

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March 9, 1989

Opinion concerning the constitutionality of South Carolina’s 10% highway set-aside money in light of the United States Supreme Court ruling in Richmond, Virginia, case relative to affirmative action.

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

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March 7, 1989

Opinion concerning whether a county (or political subdivision) can own and operate a railroad.

Requested by: Edgar Dyer, Esquire

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March 6, 1989

Opinion concerning whether a dual office holding situation exists if a member of the Charleston County Constituent School Board simultaneously serves on the Charleston County Substance Abuse Commission.

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

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March 3, 1989

Opinion concerning whether the business license ordinance of Jasper County satisfies the constitutional requirements for equal protection.

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

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March 2, 1989

Opinion concerning whether a dual office holding situation exists if a member of a county board of social services simultaneously serves on a district school board of trustees.

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

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March 2, 1989

Opinion addressing three questions concerning a letter from Arthur Rosenblum requesting the opinion as to the validity of the ordinance enacted by Dorchester County on January 31, 1989; the Office policy concerning the issuance of opinions; and the State Hazardous Waste Management Act.

Requested by: The Honorable Michael T. Rose, Senator, District No. 38

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March 1, 1989

Opinion concerning whether or not the town of Briarcliffe Acres could provide police officers by contracting with a private security agency.

Requested by: Edgar Dyer, Esquire, Attorney at Law

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February 27, 1989

Opinion concerning whether Class “C” funds can be expended by the Town of Kiawah Island to upgrade leisure trails, observation towns, and platforms.

Requested by: Dennis James Rhoad, Attorney for the Town of Kiawah

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February 27, 1987

Opinion concerning the powers of the probate court to hold an individual in contempt of court for failure to adhere to an order for outpatient treatment.

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

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February 27, 1989

Opinion concerning whether the probate court must discharge the patient from treatment for chemical dependence and begin judicial proceedings to facilitate transfer from chemical dependency treatment to physical treatment.

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

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February 27, 1989

Opinion regarding whether or not a pharmacist may lawfully dispense a prescription of a physician whose medical license has been suspended pursuant to statutory authority and may the pharmacist dispense refills of the suspended physician’s prescriptions during the period of suspension.

Requested by: Mr. C. Douglas Chavous, Executive Director, S.C. Board of Pharmacy

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February 27, 1989

Opinion regarding the South Carolina Medically Indigent Assistance Act, Sections 44-6-170 and 44-6-180 of the South Carolina Code of Laws in particular.

Requested by: Bobby M. Bowers, Director, Division of Research and Statistical Service, Budget and Control Board

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February 27, 1989

Opinion on amendments to the home instruction law. Requested by The Honorable Charlie G. Williams, State Superintendent of Education. Read full opinion.

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February 23, 1989

Opinion questioning the applicability of this State’s Freedom of Information Act to prefiled indictments.

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

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February 17, 1989

Opinion concerning whether a portion of Comprehensive Health Education Act of 1988, requires that twelfth grade students, during the 1989-90 school year, receive instruction in comprehensive health education, as provided in the Act.

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

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February 17, 1989

Opinion concerning an interpretation of Section 5-7-170, Code of Laws of South Carolina (1976 & 1987 Cum. Supp.).

Requested by: The Honorable Charles M. Condon, Solicitor, Ninth Judicial Circuit

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February 17, 1989

Opinion concerning whether or not a municipality with a population of less that 5,000 people would be included in a Regional Transportation Authority.

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

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February 16, 1989

Opinion regarding provisions of recently-enacted Act No. 678 of 1988.

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

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February 16, 1989

Opinion asking for verification that this type of bid does indeed come under the State Consolidated Procurement Code.

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

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February 15, 1989

Opinion concerning whether the State Department of Education can distribute school building aid monies pursuant to sections 59-21-320 et seq. and 59-21-420 of the Code of Laws of South Carolina, 1976, as amended, for the acquisition of school facilities under lease/purchase agreements.

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

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February 15, 1989

Opinion concerning whether a driver convicted of driving under the influence whose license is to be immediately surrendered pursuant to Section 56-1-365 may retain his license if enrolled in ADSAP.

Requested by: The Honorable R. Carey Werner, Greenville County Magistrate

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February 15, 1989

Opinion regarding whether permanent full-time state employees includes employees who are in probationary status for the purpose of administrative leave as provided for in Section 8-11-40 of the Code.

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

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February 15, 1989

Opinion concerning whether the cost for clean up of property is authorized by Section 5-7-80, is a tax to be collected under the contract.

Requested by: The Honorable H. Spencer King, City of Spartanburg Attorney

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February 15, 1989

Opinion concerning the constitutionality of H.3152, an act which establishes the Placard Environmental Education Center in Horry County as a sanctuary for the protection of game, birds and other animals.

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

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February 8, 1989

Opinion concerning the “propriety and legality” of certain actions taken by Solicitor Donald V. Myers.

Requested by: C. David Sawyer Jr.

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February 3, 1989

Opinion regarding whether a public school district superintendent or school board may choose private companies to operate their cafeteria and vending machines.

Requested by: The Honorable John R. Russell, Senator, District No. 12

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February 3, 1989

Opinion concerning the constitutionality of a proposed Town of Hilton Head Island amendment, the denial of use of an individual’s property by governmental action being a predominant concern.

Requested by: James M. Herring, Esquire, Town Attorney, Hilton Head Island

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February 3, 1989

Opinion concerning whether a city police officer, with permission of his department, can contract himself out to a third party as a security officer or to do investigative work, such as divorce surveillance, without being licensed as a private detective or private security guard.

Requested by: Donald Chadwick, Chief of Police, Campobello Police Department

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February 1, 1989

Opinion concerning whether a dual office holding situation exists if a member of the Grand Strand Water and Sewer Authority’s Board of Directors simultaneously serves as a commissioned officer with the State Wildlife and Marine Resources Department.

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

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January 31, 1989

Opinion on whether a county has the right to restrict or regulate loud noises in the county. Requested by The Honorable Joyce C. Hearn, Member, South Carolina House of Representatives. Read full opinion.

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January 27, 1989

Opinion on Section 44-17-580 (individual’s medical or clinical competency to make decisions regarding treatment when that individual has been involuntarily committed to a psychiatric facility). Requested by The Honorable Patrick B. Harris, Member, South Carolina House of Representatives. Read full opinion.

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January 23, 1989

Opinion concerning whether a dual office holding situation exists if a member of a county planning commission simultaneously serves as a member of the state’s Procurement Review Panel.

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

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January 23, 1989

Opinion concerning whether a piece of real property purchased by the Greenville County Rehabilitation Authority is exempt from ad valorem taxes. The property was purchased on April 4, 1988, and ownership was retained until June 6, 1988, at which time the real property was sold.

Requested by: The Honorable Debbie H. Adkins, Director, Real Property Services, County of Greenville

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January 23, 1989

Opinion addressing four questions related to a county’s ability to impose an equal, county-wide tax on its industrial community, replacing the current individual industrial millage for each district.

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

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January 20, 1989

Opinion concerning whether a city policeman or a county deputy sheriff may pursue a car which fails to stop for its blue light signal as far as necessary outside its jurisdiction in order to apprehend and arrest the car’s driver if the offense of “failure to stop for a blue light” is made a felony rather than a misdemeanor.

Requested by: The Honorable Paul M. Burch, Member, House of Representatives

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January 19, 1989

Opinion concerning whether a scheduled “bear fighting match” whereby a live bear would engage in a match with an individual would be in violation of this State’s “Animal Fighting and Baiting Act” which is defined in Sections 16-27-10 et seq. of the Code.

Requested by: Olin D. Rushton, Sheriff, Saluda County

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January 16, 1989

Opinion concerning whether Chester County Council can take over the control and appointment of the Chester Metropolitan Water District and the Chester Sewer District, and addressing the procedure to be followed if this is permissible.

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

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January 10, 1989

Opinion referring to Act No. 590, 1988 Acts and Joint Resolutions, which authorizes municipalities and counties to adopt zoning ordinances providing for the landscaping, protections, and regulation of trees. An exemption in the new law was created for public utilities and power suppliers; this opinion addresses whether this exemption would apply to only existing utility lines, or whether new lines yet to be erected would also be covered by the exemption.

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

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January 10, 1989

Opinion concerning a scheme in Spartanburg whereby an individual pays a courier service a fee in order for the service to buy a lottery ticket in another state which is then delivered back to the purchaser. This opinion addresses whether such a scheme is in violation of this State’s laws prohibiting lotteries.

Requested by: The Honorable Holman C. Gossett, Jr., Solicitor, Seventh Judicial Circuit

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January 9, 1989

Opinion concerning whether the Education Improvement Act or any other applicable state laws or regulations address the question of how much time a school district can require of a faculty member outside the scheduled school day.

Requested by: The Honorable J. Verne Smith, South Carolina Senate

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January 9, 1989

Opinion concerning whether it is permissible to use the same jurors drawn for the original date in a situation where a jury is drawn for trial in a magistrate’s court and the date set for the trial is changed.

Requested by: The Honorable Allan T. Holmes, Chief Judge Summary Courts

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January 6, 1989

Opinion concerning the appointment authority of Chester County Council with respect to the Chester County Mental Retardation Board and Chester County Council on Aging, Inc.

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

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January 6, 1989

Opinion referencing a statute enacted in Florida this year which makes it a criminal offense for an individual to have “…in his possession, custody or control…any sticker, decal, emblem, or other device attached to a motor vehicle containing obscene descriptions, photographs or depictions….” and addressing the constitutionality of such legislation.

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

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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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Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

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

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