1990 Opinions

June 8, 1990

Opinion concerning whether an opinion dated June 17, 1976 which concluded that the Broad Creek Public Service District Commission was not authorized to compensate its members, remains the opinion of this Office; or alternatively, whether or not the provisions of Section 6-11-91 of the South Carolina Code of Laws (1989 Cum. Supp.) would apply to a public service district created by act of the General Assembly.

Requested by: Cameron A. Glenn, Esquire

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December 28, 1990

Opinion concerning the lawfulness of a decrease in a pay supplement from the previous school year to a certain class of teachers employed by the Charleston County School District.

Requested by: The Honorable McKinley Washington, Jr., Senator, District No. 45

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December 21, 1990

Opinion concerning whether property acquired by the Veteran’s Administration because of the default in a Veteran’s loan is subject to property taxation.

Requested by: The Honorable T. P. Looper, Pickens County Delinquent Tax Collector

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December 21, 1990

Opinion concerning whether motor vehicle taxes can be paid in installments, whether a payment plan be worked out that allows the car to be licensed before all the tax is paid, whether penalties accrue, and whether the property can be sold for nonpayment of tax.

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

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December 20, 1990

Opinion concerning whether the Board of State Canvassers is authorized to reimburse witnesses for the actual travel costs incurred in attending the hearing.

Requested by: The Honorable McKinley Washington, Jr., Senator, District No. 45

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December 20, 1990

Opinion concerning what authority exists to remove a magistrate before the expiration of his term of office for inefficiency, abuse or neglect in the performance of his duties.

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

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December 19, 1990

Opinion concerning whether the Governor may appoint someone to serve in place of a legislator who is called to active duty military service pursuant to South Carolina Code Ann. §§ 8-7-10 (3), 8-7-30 and 8-7-40.

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

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December 18, 1990

Opinion concerning a situation in which a judge personally directs the deputy who has been assigned the warrant to serve the warrant, and the deputy refuses to do so by giving the defendant time to make restitution. This opinion addresses whether the deputy can be charged with obstruction of justice, and if not, what the deputy or sheriff may be charged with.

Requested by: The Honorable Daniel Pieper, Berkeley County Magistrate

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December 17, 1990

Opinion concerning whether a dual office holding situation exists if a member of the Horry County Soil and Water Conservation Commission simultaneously serves as a member of the Loris Community Hospital Board.

Requested by: The Honorable Dick Elliot, Vice Chairman, Horry County Legislative Delegation

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December 13, 1990

Opinion concerning when the new salaries of the Probate Judges, which are based upon the official United States census, will take effect for those judges who will move to a higher salary level.

Requested by: The Honorable Bobby B. Rabon, Judge of Probate, Sumter County

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December 13, 1990

Opinion providing a review of a November 21, 1990 opinion regarding dual office holding, the position as Director of the Berkeley County Water and Sewer Authority should be considered employment rather than an office.

Requested by: J. Marc Hehn

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December 11, 1990

Opinion concerning whether the Department of Wildlife and Marine Resources’ distribution of the tax allocated under Section 12-27-390 is restricted to counties or if it may remit the funds to other political entities.

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

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December 11, 1990

Opinion concerning whether the Breezy Hill Water and Sewer Company man participate in the cooperative purchasing program under the South Carolina Consolidated Procurement Code, S.C. Code Ann. § 11-35-10 et seq. (1986).

Requested by: Leo H. Hill, Esquire

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December 11, 1990

Opinion asking whether a dual office holding situation exists if a member of town council simultaneously serves as an appointed member of a county board.

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

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December 11, 1990

Opinion concerning whether a dual office holding situation exists if a member of the Public Service Commission simultaneously holds other public positions.

Requested by: The Honorable Cartha D. DeLoach, Chairman, Public Service Commission Merit Selection Panel

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December 11, 1990

Opinion concerning the legality of paying off on a coin-operated poker machine.

Requested by: James A. Crumpton, Chief of Police, Gray Court Police Department

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December 11, 1990

Opinion concerning whether a dual office holding situation exists if a state constable simultaneously serves as coroner.

Requested by: Mr. Wade Arnette, Coroner-Elect, Berkeley County

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December 10, 1990

Opinion concerning whether Georgetown County Council has authority, pursuant to S.C. Code §4-9-145, to provide for the position of litter control officer to enforce a county litter ordinance.

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

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December 10, 1990

Opinion addressing whether, in the event that a person holds a fee simple title to his homestead and in 1980 conveys a life estate to his wife, the life estate that is so conveyed qualifies for the homestead exemption provided by Section 12-37-250.

Requested by: The Honorable Harry A. Huntley, Richland County Auditor

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December 5, 1990

Opinion on the Clean Indoor Air Act. Requested by The Honorable John C. Land, III, Member, South Carolina Senate. Read full opinion.

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December 4, 1990

opinion concerning whether the Chester County Natural Gas Authority may legally expand its boundaries to serve people living in the Midford Community in Fairfield County.

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

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December 3, 1990

Opinion concerning whether the Richland County Recreation Commission, as a special purpose district created by the General Assembly, has the legal authority to sell property which has been purchased by or donated to the Commission.

Requested by: Mr. Michael L. Harlan, Director of Parks and Recreation, Richland County Recreation Commission

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November 30, 1990

Opinion concerning whether a magistrate is authorized to estreat a bond.

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

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November 30, 1990

Opinion concerning how the days are to be counted for the purpose of giving proper notice under Sections 12-49-300, 12-49-220 and 12-51-40; and whether the redemption can be made on the following day when the last day of the twelve month period for the redemption of property falls on a holiday.

Requested by: The Honorable William H. Linder, Richland County Treasure; The Honorable Joan Owen, Tax Collector of Dorchester County

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November 27, 1990

Opinion concerning whether “current South Carolina law or regulation requires that insurance be provided to state employees to protect them against tort liability arising in the course of their employment when employees enforce the existing tax laws of this state, even though similar laws in other states have been declared unconstitutional by the U.S. Supreme Court.

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

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November 21, 1990

Opinion addressing three questions regarding to a small area of Berkeley County known as the Exchange Club Fairgrounds that the voters of Charleston County annexed in the general election held on November 6, 1990, despite the fact that Berkeley County did not have such a question on the ballot.

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

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November 21, 1990

Opinion concerning whether a dual office holding situation exists if the Director of the Berkeley County Water and Sewer Authority simultaneously served on a state board.

Requested by: J. Marc Hehn

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November 20, 1990

Opinion concerning a person who is a resident and member of the reserves or the National Guard of another state and is presently assigned to a base in South Carolina; specifically, whether the person’s motor vehicle is subject to taxation when licensed and registered with the South Carolina Department of Highways and Public Transportation.

Requested by: The Honorable Pauline S. Koger, Charleston County Auditor

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November 20, 1990

Opinion referencing that by Section 1 of Act No. 602 of 1990 Section 56-1-1030 of the Code has been amended to allow individuals determined to be habitual offenders by the Department of Highways and Public Transportation to appeal to the chief magistrate in the county.

Requested by: The Honorable Walter Jones, Chief Judge, Summary Courts, Richland County Law Enforcement Center

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November 20, 1990

Opinion concerning whether the current law prohibits the sale of mini bottles on election day.

Requested by: The Honorable Joyce C. Hearn, Chairman, Alcoholic Beverage Control Commission

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November 20, 1990

Opinion concerning whether, in light of the existence of the Blue Ribbon Taxi Cab Corporation, an individual who is not associated with the corporation may register the name Blue Ribbon Cab as a trademark or service mark.

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

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November 19, 1990

Opinion concerning whether the Governor may appoint a magistrate to replace a magistrate in holdover status while the State Senate is not in session, provided the new appointment is confirmed by the Senate when that body reconvenes.

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

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November 19, 1990

Opinion addressing whether a law enforcement officer’s wife may be a bondsperson under various scenarios.

Requested by: The Honorable John C. Hayes, III, Senator, District No. 15

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November 19, 1990

Opinion concerning the eligibility of former members of the General Assembly to participate in the State “Plan of Benefits.”

Requested by: David L. Anderson, Assistant Division Director, State Budget and Control Board

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November 16, 1990

Opinion concerning whether magistrates and municipal judges are authorized to sentence a defendant in his absence, and if a defendant resides in another county, may the sentencing judge include in the bench warrant a provision permitting release upon payment of a fine to the magistrate in the county of arrest.

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

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November 15, 1990

Opinion concerning whether the United States Department of Education may properly require South Carolina’s State Plan, under the Education for All Handicapped Children Act to provide for education to handicapped children who have been expelled from school for reasons not related to their handicap.

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

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November 13, 1990

Opinion regarding bond procedures.

Requested by: The Honorable Daniel Pieper, Berkeley County Magistrate

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November 8, 1990

Opinion providing an interpretation of the method of funding for the Economic Development Account prescribed by South Carolina Code Ann. §12-27-1270.

Requested by: The Honorable Ernie Passailaigue, Senator, District No. 43

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November 8, 1990

Opinion providing an interpretation of the method of funding for the Economic Development Account prescribed by South Carolina Code Ann. §12-27-1270.

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

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November 7, 1990

Opinion regarding the prosecution of cases in a magistrate’s court by a private citizen.

Requested by: The Honorable Daniel Pieper, Berkeley County Magistrate

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November 7, 1990

Opinion concerning whether the Continuum of Care’s selection criteria are required, as a matter of law, to be promulgated as regulations under the Administrative Procedures Act.

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

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November 2, 1990

Opinion addressing questions in connection with the activities of various people or entities toward favorable results of the local option sale tax referendum questions in the upcoming general election.

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

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November 1, 1990

Opinion concerning whether a retainer relationship between an individual’s firm of which the individual is principal stockholder, and the referenced corporation for the purpose of originating lease/purchase transactions with local governments would be prohibited by 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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October 31, 1990

Opinion concerning a wish to photograph “suspicious persons” found on State property after hours addressing the legality of detaining and transporting those persons to your headquarters for photographing.

Requested by: James H. Goss, Director of Public Safety, MUSC

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October 29, 1990

Opinion concerning the “legality of a coin-operated device called ‘eight line’ that is presently being distributed in the State of South Carolina.”

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

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October 25, 1990

Opinion concerning whether claims against qualified self-insurers who become bankrupt be should be paid by the Uninsured Employers’ Fund.

Requested by: Edgar W. Dickson, General Counsel, South Carolina Workers’ Compensation Uninsured Employers’ Fund

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October 24, 1990

Opinion concerning whether there are any legal grounds for voiding a contract entered into by an outgoing, “lame duck” county council, especially if the contract is not in the best interest of the county.

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

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October 19, 1990

Opinion on dual office holding (member of the Williamsburg County School Board may also serve as an Assistant Solicitor). Requested by The Honorable Burley Joe, Chairman, School District of Williamsburg County. Read full opinion.

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October 19, 1990

Opinion addressing questions regarding how the Irmo Fire District could be dissolved.

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

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October 19, 1990

Opinion on dual office holding (serve as a magistrate’s constable and as a part-time chief of police). Requested by The Honorable J. Roland Smith, Member, South Carolina House of Representatives. Read full opinion.

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October 19, 1990

Opinion on dual office holding (serve on the Saluda County Water Sewer Authority and on the Ridge Spring-Monetta Advisory Council). Requested by The Honorable Larry E. Gentry, Member, South Carolina House of Representatives. Read full opinion.

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October 18, 1990

Opinion on Furman University’s application to change the charter regarding election of its trustees. Requested by The Honorable John T. Campbell, Secretary of State. Read full opinion.

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October 17, 1990

Opinion on Section 16-17-420 of the Code of Laws of South Carolina. Requested by Michael V. Woodall, Ph.D., Superintendent, Lexington District Two School. Read full opinion.

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October 12, 1990

Opinion on dual office holding (serve on the Sea Pines Public Service District Commission and as a member of the Beaufort County Aviation Board). Requested by The Honorable James M. Waddell, Jr., Member, South Carolina Senate. Read full opinion.

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October 10, 1990

Opinion on dual office holding (secretary-clerk for the Saluda County Board of Registration and Election Commission and Saluda County designee for the Medically Indigent Assistance Program). Requested by Ms. Faye O. Adams, Clerk and County Designee Board of Registration for Saluda County. Read full opinion.

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October 2, 1990

Opinion on whether an individual is lawfully serving on the Sumter County Mental Retardation Board, Inc. Requested by The Honorable Phil Leventis, Member, South Carolina Senate. Read full opinion.

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October 2, 1990

Opinion on Section 62-3-805(A)(1)(2) and (3)have priority for payment over the value of the security held by a secured creditor. Requested by The Honorable Gus H. Pearlman, Judge of Probate, Charleston County. Read full opinion.

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October 1, 1990

Opinion on dual office holding (serve on Lexington and Richland Counties Board of Commissioners of Midlands Technical College and as a Commissioner to the Richland County School District One). Requested by The Honorable Jasper Salmond, Wilbur Smith Associates. Read full opinion.

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October 1, 1990

Opinion on the ownership of and right to control the Township Auditorium. Requested by C. Dennis Aughtry, Esquire, Attorney for Richland County. Read full opinion.

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September 26, 1990

Opinion requesting that this Office review its opinion of June 24, 1981, with respect to disclosure of files, records, or information of the Legislative Audit Council compiled in the process of undertaking “sunset reviews” of various boards or commissions of this State.

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

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September 24, 1990

Opinion concerning whether a dual office holding situation exists if a member of the Commission of Public Works of the Town of McCormick simultaneously serves as a maintenance supervisor with the South Carolina Department of Corrections.

Requested by: O. Lee Sturkey, Esquire, McCormick Town Attorney

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September 24, 1990

Opinion concerning whether interest income on the investment of taxes levied to retire bond debt can be expended for purposes other than to retire the bond debt?

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

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September 24, 1990

Opinion concerning the terms of office for those at-large members of the Frances Marion College Board of Trustees elected by the General Assembly, specifically, what dates the new members begin serving.

Requested by: J. Michael Murphree

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September 24, 1990

Opinion concerning whether the Oconee Omni Corporation may apply for reinstatement as provided in Section 33-14-220, “inasmuch as its name is not available” and addressing whether Oconee can apply for reinstatement and simultaneously file an amendment changing to a name that is available.

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

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September 21, 1990

Opinion regarding the establishment of school tax millage for the Dorchester County School Districts.

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

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September 21, 1990

Opinion concerning whether the records of the Legislative Audit Council, compiled during a “sunset review” of a state agency remain confidential once the audit results are published.

Requested by: The Honorable Ernie Passailaigue, Senator, District No. 43

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September 18, 1990

Opinion addressing the provisions of Section 61-5-180 of the Code which provide for the issuance of temporary permits to nonprofit organizations and business establishments for the possession, sale or consumption of alcoholic beverages in sealed containers of two ounces or less.

Requested by: The Honorable Joyce C. Hearn, Chairman, Alcoholic Beverage Control Commission

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September 17, 1990

Opinion referencing the requirement that a driver stop when meeting or passing a stopped school bus where the opposing highway is separated only by “painted lines” or a “narrow gravel median.”

Requested by: Carl J. Garris, Jr., Deputy Superintendent, Finance and Operations, Department of Education

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September 14, 1990

Opinion concerning the procedures to be followed to fill a vacancy on the Public Service Commission that has arisen due to the death of a commissioner.

Requested by: Cartha D. DeLoach, Chairman, Public Service Merit Selection Panel

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September 13, 1990

Opinion concerning whether a dual office holding situation exists if a member of the North Charleston Public Service District governing board simultaneously serves as a member of the House of Representatives.

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

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September 12, 1990

Opinion concerning the authority of Horry County Council to adopt an ordinance that could either totally ban the sale and use of fireworks in the unincorporated areas of the county or regulate the areas where fireworks could be sold, used, and the time of such use.

Requested by: Thomas A. Boland, Sr., Esquire, Horry County Attorney

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September 12, 1990

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

Requested by: The Honorable Lee Blackburn

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September 10, 1990

Opinion concerning whether or not the mayor and council would fill a vacancy created by the death of one of the members of the Waterworks Commission, pursuant to the provisions of South Carolina Code of Laws, 1976, Section 5-31-240.

Requested by: R. Allen Young, Esquire, Town Attorney, Town of Mount Pleasant

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September 10, 1990

Opinion concerning whether the Uniform Act creates an exception or exemption to the authority of the State Treasurer, presently found at Section 11-13-30 of the South Carolina Code of Laws and addressing whether the Uniform Act is applicable to public institutions or public endowment funds.

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

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September 6, 1990

Opinion regarding the necessity of DHEC Drug Control Bureau Inspectors and special agents holding State Constable commissions and whether these individuals are subject to the training and certification requirements of Sections 23-23-10 et seq. of the Code, as well as the training policies and requirements established by SLED for State Constables.

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

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September 5, 1990

Opinion concerning whether a candidate who withdraws and was unopposed must prove that his withdrawal was for a non-political reason in order for the political party to be able to replace him.

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

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September 5, 1990

Opinion concerning whether or not a teacher employed by the Horry County School System would qualify as an individual who can take sick leave at the time a child is adopted pursuant to S.C. Code Ann. §8-11-155 (1976).

Requested by: The Honorable Douglas L. Hinds, Senator, District No. 34

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August 31, 1990

Opinion concerning the timing of the election process to fill a vacancy in the Senate of South Carolina.

Requested by: The Honorable Nick A. Theodore, Lieutenant Governor, State of South Carolina

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August 31, 1990

Opinion concerning whether a warehouseman may provide, in lieu of a bond, a letter of credit issued by a bank.

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

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August 31, 1990

Opinion concerning whether the violation of Section 12-54-40 (b) (6) (d) of the South Carolina Code of Laws, by a county auditor’s alleged furnishing constituents with personal property tax receipts for taxes which had not been paid, would constitute a crime of moral turpitude within the definition stated in State v. Horton, 271 SC. 413, 248 S.E. 2d 263 (1978).

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

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August 29, 1990

Opinion concerning whether a dual office holding situation exists if a hearing officer for the South Carolina Department of Corrections simultaneously serves on a constituent school board of Charleston County.

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

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August 29, 1990

Opinion concerning whether clerks of court may assume that Act No. 549 deals with deposits of cash bonds or cash percentages in lieu of bonds while Section 38-53-270 deals with surety bonds, and as a result, the two provisions are not in conflict.

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

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August 24, 1990

Opinion concerning whether the Board of Registration can set an arbitrary date for filing of office to begin, such as August 20.

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

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August 22, 1990

Opinion concerning whether State employees called to active duty concerning the current Mid-East situation are eligible for the thirty additional days of leave for serve during an emergency pursuant to S.C. Code Ann. §8-7-90 (1976 and 1989 Cum. Supp.).

Requested by: Stephen C. Osborne, Division of Human Resource Management

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August 21, 1990

Opinion concerning whom a candidate for the State House or Senate should file a statement of withdrawal with under the provisions of South Carolina Code of Laws, 1976, as amended, Section 7-11-50.

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

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August 17, 1990

Opinion concerning whether any offense committed in the presence of an officer that is to be tried in Municipal and/or Magistrate’s Court can be written on a uniform traffic ticket to replace the issuance of arrest warrants. Also, if a traffic offense under a Municipal Ordinance is written on a uniform traffic ticket, could the Highway department take points for the offense?

Requested by: James T. Coursey, Chief of Police, City of Greenwood

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August 10, 1990

Opinion concerning whether, in view of recent legislation dealing with the practice of law by retired judges, one may engage in the general practice of law, including court appearances.

Requested by: The Honorable J. Woodrow Lewis, Chief Justice, Retired, South Carolina Supreme Court

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August 10, 1990

Opinion concerning a proposed golf tournament to be hosted by Pawleys Plantation Golf and Country Club, specifically, whether it violates any criminal or gambling statutes, including but not limited to Section 16-19-130 of the Code or any statutes regulating real estate or rules and regulations promulgated by the State Real Estate Commission.

Requested by: The Honorable Douglas L. Hinds, Senator, District No. 34

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August 8, 1990

Opinion concerning whether acceptance of rental funds already due and owing after the service of an eviction notice voids the eviction and authorizes the tenant to remain on the rental premises.

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

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August 8, 1990

Opinion concerning whether acceptance of rental funds already due and owing after the service of an eviction notice voids the eviction and authorizes the tenant to remain on the rental premises.

Requested by: The Honorable Paul W. Derrick, Member, House of Representatives

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August 8, 1990

Opinion concerning whether a dual office holding situation exists if a member of the Sumter School District No. 17 Board of Trustees may simultaneously serves as a county administrator.

Requested by: Bruce E. Davis, Esquire

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August 7, 1990

Opinion concerning whether advisory opinions concerning legislative ethics requested from and issued by the House of Representatives Legislative Ethics Committee pursuant to House rule 4.16 (a) (1) are confidential.

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

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August 6, 1990

Opinion concerning whether a dual office holding situation exists if a member of a city council should simultaneously serves on the Board of the Area Commission of the Technical College of the Low Country.

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

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August 2, 1990

Opinion concerning whether a county has the authority to levy and collect impact fees.

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

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July 31, 1990

Opinion concerning the constitutionality of H.4960, which authorizes certain drug and alcohol testing of prospective State employees.

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

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July 31, 1990

Opinion concerning the apparent conflict between the provisions in S.C. Code Ann. §§46-3-1250 and 38-77-160.

Requested by: E. Ros Huff, Jr., Chief Counsel, State Workers’ Compensation Fund

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July 31, 1990

Opinion referencing previous opinions construing Section 4-9-1210 et seq. of the South Carolina Code of Laws, relative to the initiative and referendum process, and addressing whether an initiative petition directed at limiting the power or authority of a count council to spend money, as distinguished from levying or collecting taxes, would be legal or authorized under current law.

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

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July 25, 1990

Opinion concerning the purchase of Tort Liability Insurance by Clemson University and whether Clemson University is a “political subdivision” for the purposes of the South Carolina Tort Claims Act [South Carolina Code Section 15-78-10, et seq. (1989 Cum. Supp.)].

Requested by: Ben W. Anderson, Legal Counsel, Clemson University

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July 24, 1990

Opinion providing clarification as to the recognition to be given to acknowledgments.

Requested by: The Honorable M. H. Carroll, Jr., Clerk of Court for York County

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July 24, 1990

Opinion concerning whether S.C. Code Ann. Section 20-7-430 (5) (1989 Cum. Supp.) allows for the transfer from family court to general sessions court for a fifteen-year old juvenile who had previously been adjudicated delinquent in one adjudicatory hearing on two separate petitions for assault with intent to kill (2 counts) and assault with intent to kill when the same juvenile is subsequently charged with another offense in family court.

Requested by: The Honorable M. Elizabeth Brown, Assistant Solicitor

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July 23, 1990

Opinion concerning whether fees and costs received by the clerks of court and registers of mesne conveyances under Art. 5 of Chapter 21 of Title 8 of the Code of Laws of South Carolina, 1976, must be paid into the general fund of the county.

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

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July 23, 1990

Opinion concerning whether the Indoor Clean Air Act of 1990 (R-600) applies to Special Purpose Districts such as the Recreation District of Richland County.

Requested by: Michael L. Harlan, Director of Parks and Recreation, Richland County Recreation Commission

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July 23, 1990

Opinion concerning whether a county treasurer may invest surplus funds in a certificate of deposit or in a no-end or open-end investment company or investment trust?

Requested by: The Honorable Catherine L. Gibson, Cherokee County Treasurer

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July 20, 1990

Opinion concerning what number would constitute a majority in the Senate and House memberships. This opinion also addresses what number would constitute a majority in a situation where only eleven members were present for voting on an appointment.

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

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July 19, 1990

Opinion concerning whether a particular newspaper circulated in Beaufort County might be designated as the “one newspaper most likely to give notice” in the event that service by publication is necessary, pursuant to Section 15-9-740 of the South Carolina Code of Laws (1976).

Requested by: The Honorable Thomas Kemmerlin, Jr., Master In Equity of Beaufort County

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July 18, 1990

Opinion concerning the correct fee to charge for assignments of leases and subordinations of mortgages.

Requested by: The Honorable Betty L. Williams, Clerk of Court, Georgetown County

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July 18, 1990

Opinion concerning a situation in which a person leased a lot on which was erected the lessee’s legal residence. The lessee meets the qualifications for the homestead exemption. The lessee assigned the lease to another, however, alleges that the residence was not transferred. This opinion addresses whether the homestead exemption continues.

Requested by: Michael L. Horton, Assistant Comptroller General

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July 18, 1990

Opinion concerning whether the fee to file, record, and satisfy a warrant for distraint or tax execution issued by the South Carolina Tax Commission is $5 for all or $5 for each; the filing, the recording and the satisfaction?

Requested by: Marvin N. Davant, Director, Field Services Division

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July 17, 1990

Opinion regarding the House of Representatives Legislative Ethics Committee wherein an investigation has been conducted by SLED and the evidence obtained by the Solicitor has been forwarded to the Ethics Committee. This opinion addresses whether the Committee can make any resolution of the matter without a formal complaint being filed.

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

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July 9, 1990

Opinion concerning whether a county could secure general obligation debt with its full faith, credit, and taxing power but nevertheless actually repay the debt from “C” funds pursuant to a contract between the county and the South Carolina Department of Highways and Public Transportation.

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

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July 5, 1990

Opinion concerning whether the Lexington County Sheriff’s Department may visually strip search any arrestee who is brought into the secured area of the Lexington County jail and whether there is a difference in the type of search one may conduct if it is known at the time of booking that the arrestee will be released within a reasonable period of time and will not be place in the jail’s general population.

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

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July 5, 1990

Opinion concerning the practice of private attorneys prosecuting State cases in magistrate’s court.

Requested by: The Honorable Max A. Meek, Sr., Chief Summary Court Judge

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July 2, 1990

Opinion concerning whether a gubernatorial appointee to fill a vacancy in the office of Darlington County Auditor will serve the entire unexpired portion of the term or whether a successor should be chosen by election, and addressing the timing of such election if an election is required.

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

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July 2, 1990

Opinion concerning whether a county council by majority vote may by ordinance prohibit an individual member of county council from requesting an opinion related to county business from the county attorney’s office.

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

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June 28, 1990

Opinion concerning whether a conflict of interest or dual office holding situation exists if an assistant volunteer fire chief for a rural fire station simultaneously serves as director for the Marlboro County 911 Emergency System.

Requested by: The Honorable Claude Driggers, Marlboro County Supervisor

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June 28, 1990

Opinion concerning the constitutionality of H.4771, R-751, an act establishing certain boating regulations on Lakes Bowen and Blalock and providing a penalty for violations thereof.

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

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June 26, 1990

Opinion regarding the legality of mini-storage warehouse employees selling at auction contents of the warehouses for storage costs, without obtaining an auctioneer’s license.

Requested by: Harriett E. Bishop, Executive Director, Auctioneer’s Commission

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June 26, 1990

Opinion addressing several questions about the maintenance of local effort by school districts under the Education Improvement Act. In particular, Section 12-35-1557 of the South Carolina Code of Laws (1989 Cum. Supp.) requires that a district maintain the same effort that it did the previous year, adjusted for inflation.

Requested by: The Honorable Betty S. Cox, Auditor of Laurens County

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June 22, 1990

Opinion addressing two questions relating to child abuse and neglect matters.

Requested by: Nelda Smyrl, Assistant Solicitor, Fifth Judicial Circuit

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June 22, 1990

Opinion providing an interpretation of South Carolina Code Ann. § 20-7-510(A) which requires that certain occupations or professions report suspected child abuse or neglect, specifically, whether these individuals are required to report possible child abuse or neglect when information is learned in the context of their private lives, unconnected with professional job duties.

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

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June 22, 1990

Opinion concerning whether the Dorchester County Council or the Dorchester County Auditor approves the school tax millage for School Districts 2 and 4 in Dorchester County.

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

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June 20, 1990

Opinion concerning whether a State Highway Engineer would be entitled to the grievance rights afforded by the State Employee Grievance Procedures Act in the event the State Highways and Public Transportation Commission votes to dismiss him.

Requested by: The Honorable Charles E. Dalton, Chairman, South Carolina Highways and Public Transportation Commission

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June 19, 1990

Opinion concerning whether an individual may be appointed Lancaster County magistrate following the death of a recent part-time magistrate. With such death, there are two full-time magistrates and five part-time magistrates serving the County.

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

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June 11, 1990

Opinion concerning the constitutionality of H.5157, R-711, an act amending Act No. 199 of 1971, relating to the North Greenville Fire District.

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

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June 11, 1990

Opinion concerning whether Chesterfield County Council has the authority to eliminate a staff position from the office of Probate Judge of Chesterfield County in its second reading of the 1990-91 budget.

Requested by: The Honorable Edwin M. Davis, Judge of Probate, Chesterfield County

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June 11, 1990

Opinion concerning the constitutionality of S.1585, R-669, an act establishing territorial jurisdiction of Orangeburg County magistrates in civil and criminal matters, providing for county-wide jurisdiction.

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

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June 11, 1990

Opinion concerning the constitutionality of S.1620, R-694, an act amending Act No. 295 of 1989, relating to the Newberry County Park Commission.

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

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June 8, 1990

Opinion concerning the constitutionality of H.5133, R-684, an act pertaining to the Anderson County Fire Protection Commission.

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

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June 8, 1990

Opinion concerning whether an opinion dated June 17, 1976 which concluded that the Broad Creek Public Service District Commission was not authorized to compensate its members, remains the opinion of this Office; or alternatively, whether or not the provisions of Section 6-11-91 of the South Carolina Code of Laws (1989 Cum. Supp.) would apply to a public service district created by act of the General Assembly.

Requested by: Cameron A. Glenn, Esquire

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June 5, 1990

Opinion concerning the use of “C” funds to remove an asbestos water line from the Town of Andrews water system, the cost of which will be in excess of $125, 000.

Requested by: The Honorable J. Yancey McGill, Senator, District No. 32

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June 5, 1990

Opinion stating that a member of the Beaufort County Council is planning to resign, and that less than one hundred and eighty days will elapse between the date of resignation and the date of the general election. This opinion addresses whether if, following the Governor appointing a person to fill the vacancy, a special election must still be held to fill the term from the November general election to the January date of taking office, i.e., does the Governor’s appointment only hold office until the general election or does he continue to hold office until January 2 when his successor takes the office.

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

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June 5, 1990

Opinion concerning the effect of Section 56-1-475 of the Code when the time period for suspension of a driver’s license has not expired.

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

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June 5, 1990

Opinion concerning whether Anderson County may schedule an election to be held in November 1990 to change the form of government or number of council members or method of election.

Requested by: J. David Standeffer, Esquire, Anderson County Attorney

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June 4, 1990

Opinion concerning the constitutionality of S.1603, R-639, an act providing the method of appointment of members of the governing body of the Laurens County Health Care System.

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

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June 4, 1990

Opinion concerning the constitutionality of H.5085, R-648, an act amending Act No. 102 of 1973, to devolve the duties of the tax collector of McCormick County from the treasurer of McCormick County to a person selected by McCormick County Council with the consent of the treasurer.

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

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June 4, 1990

Opinion concerning the constitutionality of H.3768, R-631, an act which regulates outdoor advertising signs.

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

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June 4, 1990

Opinion concerning whether public funds may be constitutionally expended by Richland County Council for the maintenance of private roads or driveways. This opinion also addresses whether an enclosed ordinance is constitutional.

Requested by: C. Dennis Aughtry, Esquire

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May 30, 1990

Opinion referencing the practice of the State Law Enforcement Division maintaining copies of handgun application forms which have been acquired over the past fifteen years and referencing that an individual in this State is prohibited from purchasing more than one pistol during a thirty-day period.

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

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May 30, 1990

Opinion on whether a conflict of interest exists for one family member serving on the State Commission on Higher Education and another family member serving as a member of the Board of Trustees of the College of Charleston. Requested by The Honorable Fred L. Day, Ladson. Read full opinion.

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May 30, 1990

Opinion on the constitutionality of Bill H. 4419. Requested by The Honorable Irene K. Rudnick, Member, South Carolina House of Representatives. Read full opinion.

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May 30, 1990

Opinion on the constitutionality of H. 4896, R. 633 (establishing a bird and wildlife sanctuary in a certain area of Greenville County within the campus of Greenville Technical College). Requested by Mark R. Elam, Senior Counsel to the Governor. Read full opinion.

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May 29, 1990

Opinion concerning the authority of the Director of the detention facility to transport individuals to and from State Department of Corrections facilities.

Requested by: Larry W. Powers, Director, Spartanburg County Detention Facility

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May 29, 1990

Opinion concerning a retired school teacher who is receiving benefits from the State Retirement System and is subject to the $9, 500.00 cap on earnings if appointed to the Office of Magistrate.

Requested by: The Honorable Douglas L. Hinds, Senator, District No. 34

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May 25, 1990

Opinion concerning whether a law enforcement officer is responsible for returning an individual taken into custody for examination by a physician in an emergency situation to the place the individual was picked up if the person is released.

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

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May 23, 1990

Opinion addressing a situation in which a member of the State Highway Commission has been publicly reprimanded for violation of the State Ethics Act and discussing what additional actions would be appropriate in this matter.

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

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May 21, 1990

Opinion concerning whether the enabling legislation of the Grand Strand Water and Sewer Authority would allow the Authority to enter into negotiations whereby Ocean Expo would pay the total cost associated with obtaining sites landward of the critical dune line for the construction of a pump station to initiate saline water transmission to the Ocean Expo site.

Requested by: The Honorable Kenneth S. Corbett, Member, House of Representatives

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May 18, 1990

Opinion addressing several questions concerning the North Greenville Fire District.

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

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May 16, 1990

Opinion concerning whether the appointment of two audiologists, one of whom is also a licensed hearing aid dealer, is proper pursuant to Section 40-25-40 of the Code of Laws of South Carolina, 1976, as amended?

Requested by: The Honorable Peden B. McLeod, Chairman, Medical Affairs Committee

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May 15, 1990

Opinion concerning the legality of a municipal or county ordinance making the offenses of resisting arrest, codified as a State statutory offense at Section 16-9-320 (A) of the Code, and pointing a firearm, codified as a State statutory offense at Section 16-23-410 of the Code, offenses triable by a magistrate or municipal court judge with a fine and term of imprisonment of $200.00 and 30 days.

Requested by: The Honorable Harvey S. Peeler, Jr., Senator, District No. 14

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May 15, 1990

Opinion concerning whether a state representative’s entering into a consulting arrangement with the State Health and Human Services Finance Commission after sine die adjournment would violate this State’s Ethics Act.

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

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May 11, 1990

Opinion concerning whether the Comprehensive Health Education Act prohibits school guidance counselors from referring students to institutions, agencies and physicians for the purpose of obtaining abortions.

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

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May 10, 1990

Opinion concerning whether the Housing Authority of the City of Columbia is a “governmental body” as defined by §11-35-310 (18), 1976 Code of Laws of South Carolina, as amended.

Requested by: William R. Ballou, Administrator, The Housing Authority of the City of Columbia

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May 8, 1990

Opinion concerning certain amendments made to House Bill 4572 dealing with the punishment for the crime of being the “leader of a narcotics trafficking network.”

Requested by: The Honorable David H. Wilkins, Chairman, House Judiciary Committee

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May 7, 1990

Opinion concerning the constitutionality of H.4809, R-55, an act repealing Act No. 277, 1977 Acts and Joint Resolutions.

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

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May 3, 1990

Opinion concerning the constitutionality of H.5044, R-548, an act authorizing the Boiling Springs Fire District in Greenville County to employ firemen in addition to selecting volunteer firemen.

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

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May 2, 1990

Opinion regarding whether it would be a violation of the State Ethics Act, Sections 8-13-10 et seq. of the 1976 Code of Laws, for a state representative to serve as Executive Director for the South Carolina Petroleum Marketers Association.

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

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May 1, 1990

Opinion concerning whether it is constitutional to bar funeral directors from serving as coroners.

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

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May 1, 1990

Opinion concerning the options available to students who complete the required units for graduation but do no pass the exit examination.

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

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May 1, 1990

Opinion concerning the conduct of a county-wide referendum pursuant to South Carolina Code Section 61-5-180 (1976 as amended). This provision authorizes in a general sense the Alcoholic Beverage Control Commission to issue temporary sale and consumption permits for a period not to exceed twenty-four hours.

Requested by: The Honorable Joyce C. Hearn, Chairman, South Carolina Alcoholic Beverage Control Commission

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May 1, 1990

Opinion concerning whether South Carolina Code R7-11 and R7-55 (1976 as amended) impermissibly conflicts with Section 61-3-4401.

Requested by: The Honorable Joyce C. Hearn, Chairman, South Carolina Alcoholic Beverage Control Commission

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May 1, 1990

Opinion concerning whether the Richland County Historic Preservation Commission might be “merged” with the Historic Columbia Foundation.

Requested by: The Honorable Jennie C. Dreher, Secretary, Richland County Historic Preservation Commission

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April 30, 1990

Opinion concerning a proposed legislation which would specifically authorize a sheriff to contract with a private company or organization to provide law enforcement protection to a residential development.

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

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April 27, 1990

Opinion concerning Section 8-21-760 et seq. of the South Carolina Code of Laws relative to the adoption of the new South Carolina Probate Code and the use of Probate Form #350PC, regarding the computation of fees.

Requested by: The Honorable Julien Weinberg, Probate Judge of Clarendon County

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April 27, 1990

Opinion regarding the legality of Section 4(b) of a pending ordinance concerning the changes in number and method of election of Spartanburg County Council members.

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

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April 26, 1990

Opinion concerning whether the various divisions of the South Carolina State Budget and Control Board may amend certain existing policies, or “regulations” without meeting the administrative requirements of the Administrative Procedures Act.

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

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April 25, 1990

Opinion concerning the constitutionality of R-525, which makes it unlawful to display obscene or indecent bumper stickers or decals on a motor vehicle in South Carolina.

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

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April 23, 1990

Opinion concerning the authority of the Commission on Aging to request or require information about services to the aging which it does not fund.

Requested by: Ms. Gail C. Reyes, Executive Director, Barnwell County Office on Aging

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April 23, 1990

Opinion asking, “If population figures shift a county from one salary level to a higher level, is it correct to say that the base figure now listed in the statute for the higher level must be adjusted for any cost of living increases granted since implementation of the statute, thereby creating a new base figure every time a cost of living allowance is granted?”

Requested by: The Honorable Daniel F. Pieper, Judge, Berkley County

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April 23, 1990

Opinion concerning the constitutionality of H.4895, R-516, an act enlarging the service area of Broadway Water and Sewerage District in Anderson County.

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

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April 16, 1990

Opinion concerning whether a municipality may impose a business license tax on a business, such as a temporary storage business, that is leaving a storage trailer at the location of another business that is subject to the municipality’s business license tax.

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

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April 16, 1990

Opinion concerning the constitutionality of H.4409, a bill which would require that before a licensed veterinarian may perform veterinary services at a temporary location, he must first enter into a written agreement with a licensed veterinarian practicing at a full service, permanent location within twenty miles of the temporary location.

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

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April 16, 1990

Opinion addressing multiple questions concerning the process of a school district hiring an architect.

Requested by: The Honorable Larry L. Koon, Member, House of Representatives

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April 16, 1990

Opinion concerning which agency is most appropriate to transport aggressive, violent, and behaviorally out-of-control youth in crisis intervention situations.

Requested by: Paula B. Finley, Executive Director, South Carolina Continuum of Care for Emotionally Disturbed Children

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April 9, 1990

Opinion concerning a situation in which an offender is arrested for multiple violations of Section 34-11-60 of the Code, the fraudulent check statute, and such violations are considered at a single court session where the offender is found guilty of all charges. This opinion addresses whether each conviction must be considered a separate incident or if the convictions should be considered collectively as comprising a single event.

Requested by: Robert M. Stewart, Chief, SLED

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April 9, 1990

Opinion concerning the constitutionality of S.1323, R-466, an act providing that the ex officio member of the board of the Clarendon Hospital District shall have voting privileges.

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

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April 6, 1990

Opinion concerning whether Section 24-21-300, CODE OF LAWS (1976), which authorizes the issuance by parole agents of a citation or warrant for violations of parole and other early release statutes, supports a desired position of the SC Department of Probation, Parole, and Pardon Services to have the parole term toll upon issuance of the parole arrest warrant charging the violation.

Requested by: Mr. Michael Cavanaugh, Executive Director, SC Department of Probation, Parole, and Pardon Services

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April 5, 1990

Opinion concerning whether a dual office holding situation exists if a member of the City of Florence Planning Commission simultaneously serves on the Florence Economic Development Commission.

Requested by: Mr. John N. Hardee

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April 5, 1990

Opinion regarding the South Carolina State College’s authority to contract for provisions of public mass transportation services for its students and citizens of Orangeburg County.

Requested by: Gwendolyn L. Fuller, College Attorney, SC State College

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April 3, 1990

Opinion concerning whether Dorchester County may require the payment of rent from “State” agencies located in an office facility which Dorchester County plans to construct.

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

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April 3, 1990

Opinion concerning the compensation of the members of the Mt. Pleasant Waterworks and Sewer Commission, specifically addressing whether they may have a salary and any restrictions on such a salary.

Requested by: David G. Jennings, Esquire

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April 3, 1990

Opinion concerning whether the Sumter County Election Commission would have the authority to conduct municipal elections and to merge the books for a municipal and county election.

Requested by: The Honorable Stephen M. Creech, Mayor of Sumter

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April 2, 1990

Opinion concerning whether a Professional Licensing Agency, which expended less than its appropriated amount, would be in compliance with Section 129.38 if the agency generated revenue in an amount equal to at least 115% of its expenditures but less than 115% of its appropriation, and whether the lapsed appropriation, or the amount of the appropriation not expended by the agency would be considered generated revenue.

Requested by: Margaret C. Stilwell, CPA, Deputy State Auditor

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April 2, 1990

Opinion concerning whether the proper procedure was followed by the Oakridge Hunt Club in requesting that the Sheriff’s Department regulate traffic in the subdivision’s private roads which are maintained by the homeowner’s association.

Requested by: The Honorable Allen F. Sloan, Sheriff, Richland County

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April 2, 1990

Opinion concerning whether, by legislation, the Lexington County Mental Health Board appointing powers may be transferred to the Lexington County Council instead of the Lexington County Legislative Delegation.

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

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March 30, 1990

Opinion concerning whether federal requirements for reporting child support information to consumer reporting agencies conflict with the State Freedom of Information Act; and whether a contract provision that the request for information is on-going is sufficient to comply with the federal statutory requirements.

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

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March 30, 1990

Opinion concerning the statutory duties and responsibilities the Board maintains with respect to litigation involving the department of Social Services.

Requested by: The Honorable David E. Landholt, Chairman, State Board of Social Services

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March 28, 1990

Opinion concerning whether the General Assembly, by special legislation, can reinstate the charter of a corporation that has been forfeited under Section 33-14-2000, et seq., for more than two years.

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

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March 28, 1990

Opinion concerning whether the Irmo Fire District may adopt the Southern Building Code Congress’ Standard Fire Prevention Code.

Requested by: T. W. Horton, Jr., Captain, Irmo Fire District

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March 23, 1990

Opinion concerning the constitutionality of a statute which requires that probate judges have a college education or have worked in the probate court office for a specified period of time.

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

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March 20, 1990

Opinion concerning whether a constitutional problem arises concerning H.4353 which would provide special purpose district boards with the power to place an emergency ban on the burning of trash or debris.

Requested by: The Honorable John Rama, Member, House of Representatives

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March 20, 1990

Opinion concerning a situation where several local political subdivisions have entered an agreement pursuant to SC Code Section 15-78-140(b) (1989 Cum. Supp.) to establish a self-insurance pool to cover those liability risks created by the General Assembly when it enacted the Tort Claims Act.

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

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March 19, 1990

Opinion concerning whether a dual office holding situation exists if a member of county council simultaneously serves as a railroad track inspector for the South Carolina Public Service Commission.

Requested by: Mr. Gordon W. Eckley

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March 19, 1990

Opinion concerning whether shoplifting would be a crime involving moral turpitude within the purview of Article VI, Section 8 of the Constitution of the State of South Carolina.

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

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March 16, 1990

Opinion concerning whether a dual office holding situation exists if a member of the Darlington Housing Authority simultaneously serves as a member of the Darlington County Ambulance Commission.

Requested by: Robert L. Kilgo, Jr., Esquire

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March 16, 1990

Opinion concerning whether Section 38-77-341(5) of the South Carolina Code applies to the reproduction of all medical records or if it is limited to only those medical records arising out of an automobile insurance claim.

Requested by: Joseph C. Good, Jr., General Counsel

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March 15, 1990

Opinion concerning whether a county is authorized to contract with an outside auditing firm to perform a random audit of business personal property forms that have been filed with the county and whether the outside auditor can perform these services on a contingent fee.

Requested by: Thomas A. Boland, Sr., Esquire, Horry County Attorney

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March 15, 1990

Opinion concerning whether the presence of a requirement that local zoning regulations be designed to “lessen congestion in the streets” prevents the use of the zoning regulations to rezone land to a higher use category with the expectation that unmitigated traffic congestion will result in certain places.

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

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March 15, 1990

Opinion concerning a certificate of title to a mobile home that is to ‘A’ or ‘B’. ‘A’ qualifies for the homestead exemption; however, ‘B’ does not qualify. ‘A’ and ‘B’ are not married, and it is assumed that this is the legal residence of both “A” and “B”. This opinion addresses the amount of the homestead exemption.

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

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March 14, 1990

Opinion concerning the fees that may be applied if a vehicle owner does not return his or her tags to the SC Department of Highways and Public Transportation upon expiration and non-renewal of vehicle insurance, and addressing whether the Department can collect this fine without due process.

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

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March 14, 1990

Opinion addressing multiple questions regarding two counties entering into a joint venture to develop an industrial/business park, specifically if it can be done and what fees / liabilities would be incurred.

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

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March 14, 1990

Opinion concerning whether the Coroner of Horry County has the authority to change the cause of death on a death certificate from “suicide”, which was written on the certificate by a doctor who did not conduct an investigation, to “could not be determined”, after an investigation had been conducted.

Requested by: The Honorable Robert L. Edge, Jr., Coroner, Horry County

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March 14, 1990

Opinion concerning whether the amendment to South Carolina Code Ann. §14-7-130 is a violation of Section 7 of the Federal Privacy Act. 1 regarding jurors and their proof of residency.

Requested by: The Honorable John E. Courson, Senator, District, No. 20

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March 12, 1990

Opinion concerning whether South Carolina law requires a provision in the municipal statute for indigents in regard to filing fee statute.

Requested by: Mr. R. Allen Young, Town Attorney, Town of Mt. Pleasant

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March 12, 1990

Opinion concerning whether political subdivisions are required to have a balanced budget.

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

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March 12, 1990

Opinion concerning whether the provisions of South Carolina Code of Laws, 1976, Section 7-11-151 applies to non-partisan school trustee elections held on general election day.

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

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March 8, 1990

Opinion concerning whether the departments of social services are responsible for investigating allegations that physical abuse is alleged to have occurred at the hand of school district personnel while in the course of employment pursuant to the child abuse statutes, and if not, which department is.

Requested by: The Honorable Nell W. Smith, Senator, District No. 2

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March 8, 1990

Opinion concerning whether a state mandate that counties adopt and enforce building codes under the direction of the South Carolina Building Codes Council without funding from the State to the counties would be permissible.

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

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March 8, 1990

Opinion concerning whether special legislation for counties, which provided for locations for magistrates, has been superseded.

Requested by: The Honorable Frank Gilbert, Senator, District No. 30

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March 6, 1990

Opinion concerning whether the offense of making a false statement to obtain unemployment benefits in violation of S.C. Code §41-41-10 is a crime of moral turpitude.

Requested by: Robert M. Stewart, Chief, SCLED

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March 6, 1990

Opinion concerning whether it would be a conflict of interest or unethical for a magistrate’s constable to work part-time for a private security company in this state.

Requested by: Larry A. Self, Constable, Aiken County

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March 6, 1990

Opinion requesting an interpretation of Section 22-8-40(B) of the Code, a provision in Act No. 678 of 1988 concerning the number of magistrates in a county.

Requested by: The Honorable Hugh K. Leatherman, Sr., Senator, District No. 31

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March 6, 1990

Opinion concerning the manner of procedure as to the appointment of magistrates in McCormick County.

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

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March 6, 1990

Opinion regarding who is in charge of costs related to prisoners who are charged with general sessions offenses, specifically transportation, housing, and medical costs.

Requested by: O’Dell Corbett, Jr., Chief of Police, City of Bishopville

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March 6, 1990

Opinion raising several questions in regard to magisterial positions in Marion County.

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

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March 6, 1990

Opinion providing a review of prior opinions, nos. 85-122 and 79-108, which determined that a magistrate is without authority to order the expungement of criminal records.

Requested by: The Honorable Stephen S. Bartlett, Municipal Court Judge, City of Greenville

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March 5, 1990

Opinion concerning whether a researcher can be compelled to testify regarding alleged violations of criminal law, the knowledge of which the researcher acquires while accumulating data. This opinion also addresses whether a researcher is obligated to come forward and report criminal activity, the knowledge of which the researcher acquires while accumulating data.

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

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March 5, 1990

Opinion regarding what procedure must be followed to create an entity to be known as the Richburg Fire District.

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

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March 5, 1990

Opinion concerning the roles of the county planning commission and county council under Section 6-7-730 of the South Carolina Code of Laws (1976) relative to amending zoning regulations.

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

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March 5, 1990

Opinion regarding a number of questions on behalf of Florence County Council concerning the Lower Florence County Hospital Board.

Requested by: James C. Rushton, III, Esquire, Attorney for Florence County

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March 5, 1990

Opinion concerning whether an individual employed part-time by a school district may be appointed to serve as a member of the county school board.

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

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February 28, 1990

Opinion regarding whether Section 23-1-15 applies to privately owned and maintained parking lots open to the public, such as shopping center parking lots.

Requested by: The Honorable Earl Holcombe, Sheriff, Oconee County

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February 27, 1990

Opinion concerning whether the sale or rental of videos is permitted before 1:30 p.m. on Sundays.

Requested by: The Honorable Allen F. Sloan, Sheriff, Richland County

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February 27, 1990

Opinion concerning whether the sale or rental of videos is permitted before 1:30 p.m. on Sundays.

Requested by: W. M. Roth, Chief, Town of Lexington

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February 27, 1990

Opinion concerning the “Clean Indoor Air Act” and the preemption of local governments’ further regulation of smoking in public places.

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

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February 27, 1990

Opinion regarding a situation in which a member of the General Assembly receives a message to return a long distance phone call and the call is political, but the nature of the call is unbeknownst to that member of the General Assembly. This opinion addresses whether that is considered abuse of state-owned equipment.

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

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February 27, 1990

Opinion concerning the legality of a municipal judge sentencing a minor to work detail or public service work in lieu of fines or imprisonment.

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

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February 27, 1990

Opinion concerning whether the sale or rental of videos is permitted before 1:30 p.m. on Sundays.

Requested by: Robert G. Cooper, Esquire, Assistant City Attorney, City of Columbia

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February 26, 1990

Opinion addressing four questions regarding property tax exemptions for farm machinery.

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

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February 23, 1990

Opinion concerning the existence of any state law or regulation requiring a “needs assessment” before an operating permit can be issued to an infectious waste incinerator facility.

Requested by: Representative Charles R. Sharpe, House District No. 86-Aiken-Lexington Counties

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February 22, 1990

Opinion concerning the levying of millage for the Anderson County Fire Protection Commission.

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

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February 21, 1990

Opinion concerning whether a school district legally may prohibit the Sunday use of its public school facilities by all churches in a nondiscriminatory manner and addressing the authority for such prohibition.

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

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February 21, 1990

Opinion concerning whether a dual office holding situation exists if a member of the Anderson County Courthouse Building Authority simultaneously serves on the Highway commission.

Requested by: V. Laniel Chapman, Esquire

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February 15, 1990

Opinion concerning whether a dual office holding situation exists if a member of the Charleston County Planning Board simultaneously serves on the St. Andrews Parks and Playgrounds Commission.

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

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February 14, 1990

Opinion concerning the legal authority to fund bridge or road projects in a certain matter.

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

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February 12, 1990

Opinion regarding certain questions that arise in the court’s handling of default matters.

Requested by: The Honorable Jack M. Scoville, Jr., Master In Equity of Georgetown County

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February 12, 1990

Opinion concerning whether a sheriff is responsible for operation of a county detention center even though the county council relieved the sheriff’s department of the responsibility for the operation. This opinion also addresses whether the positions of chief jailer and municipal judge constitute offices for dual office holding purposes.

Requested by: The Honorable Joey Zorn, Sheriff, Barnwell County

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February 8, 1990

Opinion addressing two questions concerning “The Clean Indoor Air Act.” The bill deals with smoking in public areas such as government buildings, stores, and restaurants.

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

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February 6, 1990

Opinion concerning whether a dual office holding situation exists if a probation and parole agent for the South Carolina Department of Probation, Parole, and Pardon Services simultaneously serves on the Abbeville County Emergency Medical Services Commission.

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

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February 6, 1990

Opinion concerning whether a person holding a master’s degree from The Citadel is eligible for consideration for membership on the Board of Visitors of The Citadel.

Requested by: The Honorable Eugene C. Stoddard, Chairman, Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities

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February 5, 1990

Opinion concerning whether a county council has authority to change the date for the imposition of a penalty for late payment of a property tax and whether a county treasurer has authority to override a decision of a county governing body that directs that county office buildings be closed on a designated holiday.

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

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February 5, 1990

Opinion concerning the constitutionality of H.4287, R-330, an act eliminating the restriction as to the length of tenure of the members of the Lexington County Recreation Commission.

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

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February 5, 1990

Opinion concerning whether the death penalty may be sought, i.e., whether any statutory aggravating circumstances may be alleged to exist, under a specific hypothetical factual situation.

Requested by: The Honorable James C. Anders, Solicitor, Fifth Judicial Circuit

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February 2, 1990

Opinion concerning the use of emergency lights and sirens while responding to calls.

Requested by: Harry Drakeford, Jr., Chief of Police, Town of Cheraw

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January 26, 1990

Opinion addressing three questions relating to oil overcharge funds received by the State from various sources.

Requested by: Thomas L. Moore, Chairman, Joint Legislative Committee on Energy, Senator, District No. 25

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January 24, 1990

Opinion concerning whether the decision of the United States Supreme Court in United States Department of Justice v. Reporters Committee for Freedom of the Press, 489 U. S. __, 109 S. Ct. __, 103 L. Ed. 2d 774 (1989), would be applicable to the South Carolina Law Enforcement Division (SLED) as a central records repository and how the decision might affect certain record screenings an dissemination of conviction data.

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

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January 24, 1990

Opinion concerning whether the State Board of Financial Institutions could require that all funds from the sale of burial vaults, preneed by funeral homes, be deposited in financial institutions as trust funds.

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

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January 23, 1990

Opinion concerning the constitutional validity of House Bill 3702, specifically, whether the bill creates an invalid classification for purposes of exemption under workers’ compensation laws.

Requested by: The Honorable J. Verne Smith, Senator, District No. 5

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January 22, 1990

Opinion concerning whether the title to real property passes upon death or upon the execution of the deed by the estate’s personal representative.

Requested by: The Honorable Annette Conner, Florence County Assessor

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January 22, 1990

Opinion addressing three questions relating to laws associated with waivers of extradition.

Requested by: David P. Schwacke, Esquire, Deputy Solicitor, Ninth Judicial Circuit

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January 18, 1990

Opinion concerning whether a dual office holding situation exists if the Director of the Division of Research and Statistical Services of the State Budget and Control Board simultaneously serves as a trustee of a state college.

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

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January 17, 1990

Opinion addressing five questions concerning money confiscated in gambling raids and drug investigations.

Requested by: The Honorable Gene Taylor, Anderson County Sheriff

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January 17, 1990

Opinion referencing Section 58-25-40(1) of the South Carolina Code of Laws (1976, as amended) and noting that because the Pee Dee Regional Transportation Authority receives funds from the general fund and/or the highway fund, the Authority must have three additional appointees as mandated by the statute on its governing body. This opinion then addresses how the delegations are to appoint these members, how the members are to be appointed among the counties, and so forth.

Requested by: Kevin M. Barth, Esquire

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January 17, 1990

Opinion concerning whether a county council member must be paid a fixed amount as reimbursement for actual expenses incurred in his or her duties as a member of council.

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

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January 15, 1990

Opinion concerning whether Orangeburg County Council has the authority to abate a penalty.

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

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January 15, 1990

Opinion referencing a prior opinion issued on April 7, 1987 and the case of City of Columbia v. Board of Health and Environmental Control, 292 S. C. 535, 355 S.E.2d 536, (1987), an opinion issued by the S. C. Supreme Court on, or around, April 27, 1987. This opinion then addresses whether the City of Columbia affects the April 7, 1987 opinion with respect to the Commission’s authority to approve the advertising practices and general operation of proprietary schools of real estate.

Requested by: The Honorable Henry L. Jolly, Commissioner, South Carolina Real Estate Commission

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January 10, 1990

Opinion concerning two questions pertaining to compensation of members of county boards of social services.

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

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January 10, 1990

Opinion concerning sentencing practices for a second offense driving under the influence.

Requested by: The Honorable Willford L. Faile, Sheriff, Lancaster County

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January 10, 1990

Opinion concerning whether a dual office holding situation exists if a Deputy Commissioner of the South Carolina Department of Social Services simultaneously serves on a county planning commission.

Requested by: Mr. Harrison Rearden, Deputy Commissioner, South Carolina Department of Social Services

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January 9, 1990

Opinion concerning the practice of each member of a legislative delegation having an equal vote on matters coming before the delegation regardless of the population represented by such member. The opinion also addresses whether such practice violates the “one man – one vote” concept.

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

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January 8, 1990

Opinion concerning the manner of calculating the various fees and assessments established by Sections 23-23-70, 24-23-210 and 14-1-210 of the Code. This opinion particularly addresses the present practice of calculating these fees and assessments based on the amount of the fine as originally imposed instead of the amount of the suspended sentence that is actually paid.

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

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January 8, 1990

Opinion responding to a statement indicating that the provisions of Sections 33-15-310(d) and 33-15-310(e) of the 1976 S. C. Code of Laws, as amended, appear to be in conflict and providing advice as to the proper procedure to be followed.

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

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January 8, 1990

Opinion referencing Section 33-42-30 of the 1976 S. C. Code of Laws, as amended, which require the name of each limited partnership, as set forth in its certificate of limited partnership, to contain the words “limited partnership,” or the abbreviation “LP”, or “L.P.” The opinion also makes reference to Section 33-42-45(b).

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

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January 8, 1990

Opinion concerning whether or not, in view of the provisions of Section 33-15-106 (a)(2) of the 1976 S. C. Code of Laws, as amended, a foreign corporation may adopt more than one fictitious name at a time for use in this state.

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

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January 8, 1990

Opinion concerning whether the Board of Commissioners of the South Carolina School for the Deaf and Blind may enter a contract of employment with the wife of the President of the School.

Requested by: Mark Hayes, Esquire

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Columbia, SC

Rembert Dennis Building | 1000 Assembly Street,

Room 519 | Columbia, S.C. 29201

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

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