1991 Opinions

December 23, 1991

Opinion concerning whether one school district may charge another school district for providing education services to a student who resides in a foster home, group home, orphanage, or a state operated health care facility within the first district.

Requested by: The Honorable Barbara S. Nielsen, Superintendent of Education

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December 20, 1991

Opinion noting that a petition of 15% of the electors has been presented and addressing whether the General Assembly must enact legislation calling for a referendum concerning the method of selection of the Lancaster County Superintendent of Education.

Requested by: The Honorable Caldwell T. “Red” Hinson, Senator District 16; The Honorable William D. Boan, Member of House of Representatives; The Honorable James H. Hodges, Member of House of Representatives

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December 16, 1991

Opinion concerning the authority of the General Assembly to enact legislation to allow the Lancaster County Superintendent of Education to be elected.

Requested by: The Honorable Caldwell T. “Red” Hinson, Senator District 16; The Honorable William D. Boan, Member of House of Representatives; The Honorable James H. Hodges, Member of House of Representatives

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December 16, 1991

Opinion referencing a prior opinion of the Office dated August 9, 1985 dealing with allowing an individual with a criminal record to attend the State Criminal Justice Academy. In that instance the individual had received a pardon, and this opinion addresses the effect of the pardon on the standards which were required to be met in order to attend the Academy as set forth by former Section 23-23-50 of the Code.

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

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December 9, 1991

Opinion concerning whether funds disbursed by the State Treasurer to the Pinewood Hazardous Waste Contingency Fund may be used to purchase an ambulance for the Town of Pinewood.

Requested by: The Honorable E. B. McLeod, Jr., Member of House of Representatives

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December 9, 1991

Opinion concerning the date to be used for “grandfathering” establishments in established locations in the issuance of certain alcoholic beverage licenses.

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

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December 6, 1991

Opinion regarding whether the legal rate of interest on judgments may be collected on recorded child support arrearages.

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

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December 3, 1991

Opinion concerning whether a dual office holding situation exists if a member of the City of Charleston Recreation Commission simultaneously serves on the Charleston County Mental Health Board.

Requested by: The Honorable Angelo Anastopoulo

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December 2, 1991

Opinion concerning whether or not the Department of Youth Services needs to promulgate regulations to initiate a fees for services schedule.

Requested by: The Honorable Richard E. McLawhorn, Commissioner, Department of Youth Services

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November 27, 1991

Opinion concerning the status of the law on physician-related suicides in the State of South Carolina.

Requested by: The Honorable Roger M. Young, Member, House of Representatives

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November 27, 1991

Opinion concerning several jails that have established fixed times for releasing defendants and, as a result, continue to hold defendants after a judge has set bail and ordered the defendant’s release.

Requested by: W. J. “Rick” Johnson Jr., Executive Director, South Carolina Criminal Justice Academy

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November 27, 1991

Opinion concerning whether a dual office holding situation exists if a Manpower Specialist temporarily employed by the South Carolina Employment Security Commission simultaneously serves on a city council and/or performs his various civic and community-related activities.

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

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November 22, 1991

Opinion concerning whether taxes collected to fund the bonded debt service can be used for purposes other than the payment of the debt service and whether the tax levy can be increased several months into the budget year.

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

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November 20, 1991

Opinion regarding the legality of Spartanburg County Legislative Delegation members voting by written proxy on issues at local meetings when they are unable to attend such meetings.

Requested by: The Honorable Carole C. Wells, Chairman, Spartanburg County Legislative Delegation

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November 15, 1991

Opinion concerning the permission that must be obtained before an officer may perform private jobs while using their issued weapon, uniform, and like equipment.

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

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November 15, 1991

Opinion concerning the mode of notice the Highway Department should use when advising an individual of a driver’s license revocation or suspension.

Requested by: R. L. McCurdy, Staff Attorney, South Carolina Court Administration

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November 15, 1991

Opinion regarding the Emergency Powers Act, Sections 6-11-1410 et seq. of the South Carolina Code of Laws.

Requested by: Paul R. Lunsford, Director, Military Department, Office of the Adjutant General Emergency Preparedness Division

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November 12, 1991

Opinion concerning whether and how a marriage can be performed between parties, one of whom is physically located in South Carolina, with the other party located outside the state or the United States.

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

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November 7, 1991

Opinion providing guidance and information regarding a proposition by Chesterfield County School District to implement a drug screening program for school bus drivers.

Requested by: The Honorable Jean L. Harris, Member of House of Representatives

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November 6, 1991

Opinion concerning the practice of issuing traffic citations for the same nonuse of safety belts in association with license and registration checks where no other violation occurs.

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

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November 6, 1991

Opinion concerning whether the Department of Corrections is required to have a general contractor’s license if the Department builds a ninety-six bed work camp at a cost of approximately $500,000 to the counties.

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

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November 4, 1991

Opinion concerning whether a dual office holding situation exists if a member of the Board of Directors of the Lower Savannah Council of Governments simultaneously serves on the Denmark Technical College Board.

Requested by: Mr. Charles Riley, Board of Directors, Lower Savannah Council of Governments

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November 4, 1991

Opinion addressing several questions pertaining to the Chanticleer Community Special Tax District.

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

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November 1, 1991

Opinion concerning whether a dual office holding situation exists if a school board member simultaneously serves as a soil and water conservation commissioner.

Requested by: The Honorable Kim Burch, Member of House of Representatives

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October 30, 1991

Opinion regarding hazing as it relates to institutions in this State, including colleges and universities.

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

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October 25, 1991

Opinion concerning the procedure to be followed when dealing with individuals who fail to appear in court for traffic offenses where no bond has been posted and there has been no request for a continuance or a jury trial.

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

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October 25, 1991

Opinion regarding amendments to State Statutes providing for an increase in the fees and assessments collected by the summary courts.

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

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October 23, 1991

Opinion concerning whether a dual office holding situation exists if the Barnwell County Hospital Administrator simultaneously serves as the Barnwell County Coroner.

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

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October 18, 1991

Opinion concerning whether there are any statutory prohibitions to renting movies to minors who could not otherwise view these same movies in a theatre.

Requested by: The Honorable Glenn G. Reese, Senator, District No. 11

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October 18, 1991

Opinion regarding the meaning of the phrase “one or more” as it appears in a Clover school district referendum.

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

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October 18, 1991

Opinion referencing the difficulties incurred because of the lack of a support staff for court and stating the need for full-time clerical assistance.

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

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October 17, 1991

Opinion concerning whether a provision of Section 56-3-660 of the Code may be construed as creating an undue burden on interstate commerce and therefore violative of the commerce clause of the Federal Constitution.

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

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October 16, 1991

Opinion addressing the Town of Lake City’s request that Florence County appoint a special constable to provide supplemental law enforcement for the Town.

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

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October 16, 1991

Opinion concerning whether the Richland County Recreation District could donate the park to the City of Columbia once the area has been annexed; whether the City of Columbia would be required to reimburse the District for federal funds spent on the park; and whether the District may charge fair market value or any other price for the park.

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

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October 9, 1991

Opinion addressing a request that mileage and per diem reimbursement to county directors and supervisors to attend meetings of their private organization be reviewed and updated.

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

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October 7, 1991

Opinion concerning whether S.C. Code Ann. §7-13-190(d) (1976) would require that the elections for House District 94 ordered to be held on December 31, 1991 and House District 95 ordered to be held January 28, 1992 be held on the later of two dates and discussing combining the primaries for these two elections.

Required by: The Honorable Richard R. Thomas, Chairman, Orangeburg County Election Commission

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October 4, 1991

Opinion stating that the Act bearing ratification number 159 which revised the membership of the Board of Trustees for the Fairfield County School District has been precleared by the Justice Department and advising as to what entity can set the date for the initial election.

Requested by: The Honorable John A. Martin, Senatorial District No. 17

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October 3, 1991

Opinion indicating that the City of Forest Acres enacted an ordinance that prohibits the sale of firearms within its city limits and addressing whether such ordinance violates State Law.

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

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October 2, 1991

Opinion referencing the provision of recently-enacted Act No. 112 of 1991 which amended Section 34-11-60 of the Code and addressing whether the time limitation of one hundred eighty days stated therein applies to checks written prior to the effective date of Act No. 112 or only to checks written subsequent to May 31, 1991

Requested by: R. L. McCurdy, Staff Attorney, South Carolina Court Administration

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October 2, 1991

Opinion concerning the propriety of utilizing a procedure in drug forfeiture situations involving a form consent agreement, whereby a defendant would relinquish his right to currency which has been seized.

Requested by: Captain Tony Lynch, Laurens County Sheriff’s Office

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September 30, 1991

Opinion concerning whether a part-time magistrate currently in a holdover capacity who has attained the age of seventy years may be reappointed to a four year term as a part-time magistrate.

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

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September 27, 1991

Opinion concerning the constitutionality of S.1026, R.255, which provides for the appointment of two special magistrates in Kershaw County.

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

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September 26, 1991

Opinion concerning whether law enforcement officers of the State Public Service Commission in this state can cite for violations that occurred outside this State.

Requested by: Gayle B. Nichols, Staff Counsel, The Public Service Commission

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September 24, 1991

Opinion concerning whether an individual or an organization that reports on voting activity of members of the General Assembly; holds news conferences relative to these surveys or reports; and contacts members of the General Assembly requesting specific action on matters other than the enactment of statutory laws is a “lobbyist” and whether the activities of this organization constitute “lobbying”.

Requested by: The Honorable Jim Miles, Secretary of State

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September 23, 1991

Opinion concerning whether a magistrate possesses the authority to sign an expungement order.

Requested by: The Honorable Samuel P. Riley, Sheriff, Greenwood County

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September 18, 1991

Opinion concerning how to accomplish the removal of an individual presently appointed to and serving on the Beaufort-Jasper Water Authority.

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

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September 18, 1991

Opinion asking whether Proviso 43.7 of the Fiscal Year 1992 State Appropriations Act gives the South Carolina Department of Social Services the authority to limit a facility’s enrollment of Optional Supplement clients and whether limiting the number of requests by facility would be violative of state or federal law.

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

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September 17, 1991

Opinion concerning the legal requirements for handling checks which are presumably received by the payee but never cashed and also checks which are returned undelivered by the post office.

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

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September 17, 1991

Opinion reviewing newly amended §44-20-375, S.C. Code Ann., and addressing whether this law transfers recommending authority for members of the Charleston County Mental Retardation Board from Delegation to Charleston County Council.

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

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September 13, 1991

Opinion concerning the disposition of the $7.00 execution fee collected for passport applications.

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

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September 11, 1991

Opinion concerning whether there are any requirements to designate a minimum amount of office space for the use of the county coroner in the county courthouse and questioning the duty of a coroner to remove all medication belonging to a deceased individual from the deceased’s residence.

Requested by: The Honorable Dave C. Waldrop, Jr., Member, House of Representatives

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September 11, 1991

Opinion concerning whether further action needs to be taken before new magistrates assume office and whether magistrates who were to be replace may be advised that they no longer hold office.

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

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September 11, 1991

Opinion concerning whether the South Carolina Department of Education should retain or make other disposition of fees paid by some real estate schools for the renewal of their licensing by the South Carolina State Board of Education.

Requested by: The Honorable Barbara Stock Nielsen, Ed.D. State Superintendent of Education, South Carolina Department of Education

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September 9, 1991

Opinion concerning whether a dual office holding situation exists if a municipal judge simultaneously serves as county attorney.

Requested by: The Honorable G. Thomas Ferguson, Chief Magistrate for Abbeville County

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September 9, 1991

Opinion concerning the regulations and procedures associated with the treatment and quarantining of reactor horses.

Requested by: The Honorable James L. M. Cromer, Jr., Member, House of Representatives

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September 6, 1991

Opinion concerning whether an optometrist who learns of an optician violating the terms of his suspension has an ethical duty to advise the optometrist who employs the optician, upon inquiry by the employing optometrist, that the optician has been suspend from practice.

Requested by: W. S. Houck, Member, House of Representatives

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September 5, 1991

Opinion concerning the authority of the State Highway Department to impose a twenty-five dollar penalty where there has been a lapse of registration of a vehicle.

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

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September 3, 1991

Opinion concerning the eligibility of members of the Board of Probation, Parole and Pardon Services (Board members) to participate in the South Carolina Retirement System.

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

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September 3, 1991

Opinion concerning whether the §48-39-260(2) section requires Folly Beach to devise a retreat plan even though §48-39-290(E) specifically exempts Folly Beach from the Act’s forty-year retreat provisions.

Requested by: Dr. H. Wayne Beam, Executive Director, SC Coastal Council

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August 27, 1991

Opinion concerning whether the State Treasurer may transfer funds in accordance with the provisions listed to the Department of Mental Retardation from a current account for reimbursement of a payment made in a prior fiscal year.

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

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August 27, 1991

Opinion concerning whether the property of the Pioneer Rural Water District would become subject to taxation if the District were to lease a small portion of a lot upon which the District’s water tank is located together with the right to place an antenna upon the tank.

Requested by: The Honorable Alexander Macauley, Senator District 1

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August 21, 1991

Opinion regarding the meaning of the phrase “fuel economy product” as it appears in an August 27, 1985 South Carolina Budget and Control Board directive.

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

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August 21, 1991

Opinion concerning whether H.3967, passed by both the House of Representatives and the Senate but not ratified prior to sine die adjournment, may now be signed by the Speaker of the House and President of the Senate and sent to the Governor for his signature.

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

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August 19, 1991

Opinion concerning whether handguns for deputies may be purchased from funds derived from drug forfeitures and seizures.

Requested by: The Honorable Ray Isgett, Sheriff of Berkeley County

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August 12, 1991

Opinion concerning whether a dual office holding situation exists if a private security guard simultaneously serves as a reserve police officer.

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

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August 9, 1991

Opinion concerning whether a dual office holding situation exists if a member of the Board of the Dillon County Department of Social Services simultaneously serves on the Dillon County Development Board.

Requested by: The Honorable Richard C. Taylor, Member of Dillon County Board of Social Services

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August 9, 1991

Opinion concerning whether a dual office holding situation exists if a member of the Greenville Hospital System Board simultaneously serves as the Greenville County Superintendent of Schools.

Requested by: Joseph J. Blake, Jr., Attorney for Greenville Hospital System

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August 8, 1991

Opinion concerning whether or not, under State Law, a law enforcement agency could order handguns through a South Carolina retail pistol dealer and have the weapons shipped directly to the agency from the manufacturer or distributor.

Requested by: Chief Robert M. Stewart, SC State Law Enforcement Division

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August 8, 1991

opinion concerning whether a magistrate can hire and discharge county employees assigned to his office.

Requested by: The Honorable J. Archie Lee, Conway Magistrate

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August 8, 1991

Opinion concerning whether South Carolina Code Sections 15-3-530 and 15-3-535 are applicable to a situation in which a City of Camden utility customer seeks to recover overcharges incorrectly assessed by the City from 1947 through 1973.

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

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August 7, 1991

Opinion regarding legal questions arising from a proposed expenditure of public funds by Union County to assist in constructing a water line from the City of Union to the Town of Jonesville.

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

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August 6, 1991

Opinion regarding procedures involving the sale of vehicles seized during drug operations.

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

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August 6, 1991

Opinion concerning whether a dual office holding situation exists if a member of the Live Oaks Hospital Board of Commissioners simultaneously serves on the Jasper County Planning Commission Appeals Board, the Allendale-Hampton-Jasper Commission on Alcohol and Drug Abuse, the Jasper County Election Commission, or the Jasper County Development Board.

Requested by: Ms. Gladys N. Jones, Clerk to Council, Jasper County

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August 6, 1991

Opinion concerning whether all new members can be appointed to the newly created Registration and Elections Commission for Abbeville County now or if they must wait until an even numbered year. The opinion also addresses whether these recommendations are made by the Abbeville County Council or the Abbeville County legislative Delegation.

Requested by: The Honorable Marion P. Carnell, Member, House of Representatives; The Honorable William H. O’Dell, Senator, District No. 4; The Honorable James R. Shirley, Member, House of Representatives; The Honorable Ronald P. Townsend, Member, House of Representatives

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August 5, 1991

Opinion regarding whether counties are restricted in the amount of the cost of living raise provided magistrates.

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

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August 1, 1991

Opinion concerning a corporation formed by the former Richland County Sheriff for the purpose of maintaining and administering funds derived from drug forfeitures and seizures.

Requested by: Ronald M. Childress, Esquire, Richland County Attorney

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July 31, 1991

Opinion regarding monies obtained as a result of drug forfeitures and the legality of guidelines established for the Richland County Sheriff’s Department Training Center.

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

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July 31, 1991

Opinion concerning whether legislation, S.62, authorizes the Berkeley County Council in 1991 to split a current full-time magistrate’s position into two or more part-time positions and pay the current full-time magistrate less than the current full-time compensation if that full-time magistrate is reappointed as magistrate and designated as a part-time magistrate.

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

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July 30, 1991

Opinion concerning whether the sales tax is required to be paid by the seller of tangible personal property to a purchaser situated outside the county or to the county in which the seller is situated.

Requested by: The Honorable Glenn F. McConnell, Senator, Senate District 41 and The Honorable Ernie Passailaigue, Senator, District No. 43

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July 29, 1991

Opinion concerning whether the crime of criminal sexual conduct with a minor under Section 16-3-655 can be classified as a violent crime.

Requested by: The Honorable Richard E. McLawhorn, Commissioner, Department of Youth Services

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July 26, 1991

Opinion addressing the “deplorable condition” of certain railroad tracks located in Darlington County and discussing “who is legally responsible for maintenance of these railroad crossings.”

Requested by: The Honorable J. Michael Baxley, Member, House of Representatives

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July 24, 1991

Opinion concerning whether a dual office holding situation exists if a member of city council Simultaneously served on the Lee County Tax Appeals Committee.

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

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July 24, 1991

Opinion concerning whether a local program which is included for funding in the “Senior Citizens Center Survey” published by the Commission on Aging can borrow the necessary funds to conduct a project and use its share of bingo revenue to retire the debt?

Requested by: James D. Dubs, Deputy Director, South Carolina Commission on Aging

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July 18, 1991

Opinion concerning whether Section 16-15-365 of the Code, which prohibits exposure of “private parts,” refers to female breasts.

Requested by: The Honorable Richard A. Harpootlian, Solicitor, Fifth Judicial Circuit

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July 16, 1991

Opinion concerning whether a dual office holding situation exists if a member of a county school board simultaneously serves as a Town Attorney.

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

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July 15, 1991

Opinion regarding whether the election for Abbeville County School District 60 was valid since the incumbents were unopposed, no ballots were printed, and the polls were not opened?

Requested by: Steven E. Mundy, Esquire

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July 15, 1991

Opinion concerning whether the amount of the surplus from 1990-91 is to be included in the calculation of the local effort amount required to be maintained in 1999-92 by District Two under S.C. Code Ann. § 59-21-1030 (Supp. 1990) and whether this surplus amount may actually be used or expended to satisfy whatever local effort requirement exists for 1991-92.

Requested by: John G. Frampton, Esquire

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July 11, 1991

Opinion regarding whether the explanation of methods of contraception in comprehensive health education classes in the public schools must be confined to separate classes for male and female students even when the discussion of contraceptives is in the context of sexually transmitted diseases rather than pregnancy prevention.

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

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July 11, 1991

Opinion concerning whether a federal agency, such as the Air Force, could obtain the proper records from DHEC relating to dentist who is rumored to have died after acquiring the AIDS virus.

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

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July 10, 1991

Opinion concerning whether publication of a Ten Most Wanted Non-supporting Parents poster and information contained therein would violate the provisions of S.C. Code Ann. §§43-5-590 and/or 43-5-610 concerning confidentiality of certain records maintained by the Department of Social Services.

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

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July 9, 1991

Opinion addressing several questions regarding civil forfeitures of vehicles.

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

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July 8, 1991

Opinion concerning whether a dual office holding situation exists if a Commissioner of Goose Creek Parks and Playground Commission simultaneously serves as a Berkeley County Magistrate.

Requested by: Gary M. Stuber, Executive Director, The Goose Creek Parks & Playground Commission

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July 8, 1991

Opinion concerning whether the Board of the South Carolina Medical Malpractice Liability Insurance Joint Underwriting Association is obligated to defend a suit brought against one or more of its insureds under the provisions of federal antitrust statutes for restraint of trade, and whether the Association and the South Carolina Medical Malpractice Patients Compensation Fund are obligated to pay any damages assessed against insured/members as a result of violations by the insured/members of federal antitrust statutes.

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

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July 3, 1991

Opinion regarding whether the interpretation that South Carolina Code Section 61090180 (1991 Act No. 166, Section 3) prohibits the inter-retail transfer of beer between single-owned retail outlets that are located in different wholesaler territories is legally correct.

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

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July 2, 1991

Opinion concerning what fees and assessments should be collected for axle weight violations, as set forth by Section 56-5-4160(B) of the Code, and gross weight violations Section 56-5-4160(C) of the Code.

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

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June 28, 1991

Opinion concerning whether or not the Freedom of Information Act applies to a search committee of a state university, which committee is searching for or interviewing candidates to fill a “public figure” type office. The opinion also addresses whether the Freedom of Information Act can be properly construed to allow recessing and reconvening of executive sessions between cities or across the continent without giving additional notice.

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

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June 27, 1991

Opinion concerning whether a coroner may carry a firearm.

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

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June 25, 1991

Opinion concerning whether or not the crime of attempting to possess crack cocaine is a crime of moral turpitude.

Requested by: Lt. Patricia N. Murphy, Supervisor, Regulatory Services

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June 25, 1991

Opinion concerning whether in circumstances where a defendant is charged with a fourth offense DUI or DUS charge but pleads to a third offense, the vehicle which was driven at the time of the arrest is subject to forfeiture pursuant to Section 56-5-6240 of the Code.

Requested by: Ruby Hardy, Deputy Clerk, Court Records Division, Office of the Clerk of Court, Pickens County

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June 24, 1991

Opinion concerning whether proprietary schools of real estate are no longer subject to licensure by the State Board of Education under the terms of Act No. 12, 1991 S.C. Acts 16.

Requested by: The Honorable Barbara Stock Nielsen, Ed. D., State Superintendent of Education

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June 21, 1991

Opinion concerning whether an attorney employed on a permanent basis by Richland County, who has been dismissed by action of the Richland County Counsel, may process his complaint through the Richland County employee grievance process.

Requested by: The Honorable John L. Scott, Member, House of Representatives

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June 21, 1991

Opinion concerning procedures regarding the payment of petit jurors.

Requested by: The Honorable Ena O. Reed, Clerk of Court, Colleton County

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June 21, 1991

Opinion concerning whether Richland County Council is required to reimburse a Council member for travel expenses incurred in his or her duties as a member of Council, regardless of whatever funds have been appropriated for such purpose.

Requested by: Mr. Robert G. Mauney, Richland County Administrator

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June 20, 1991

Opinion concerning whether the dual role of SLED as a regulator and employer of a private security business would constitute any prohibited relationship or conflict of interest.

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

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June 20, 1991

Opinion concerning the validity of a proposed ruling of the Alcoholic Beverage Control Commission ABC Ruling 91-14, which deals with alcohol-filled candies.

Requested by: Nicholas P. Sipe, Executive Director, Alcoholic Beverage Control Commission

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June 20, 1991

Opinion concerning whether giving away a lottery ticket from a state where lotteries are permitted pursuant to a random drawing at a bingo session in South Carolina is legal in this state.

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

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June 19, 1991

Opinion concerning whether a dual office holding situation exists if a school district trustee simultaneously serves on a county election commission.

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

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June 18, 1991

Opinion concerning two questions involving compensation to a county officer and county employees.

Requested by: A. Arthur Rosenblum, Esquire, Charleston County Attorney

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June 18, 1991

Opinion concerning what specific action the State would be required to take to remedy a year-end operating deficit greater than could be covered by mid-year appropriation reductions and total depletion of both the Capital Reserve and General Reserve Funds.

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

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June 17, 1991

Opinion concerning whether a vehicle not licensed for use upon the highway is subject to property taxation.

Requested by: The Honorable Cheryl Morgan, Lancaster County Auditor

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June 17, 1991

Opinion concerning the legal status of S.935 at the present time.

Requested by: The Honorable Theo W. Mitchell, Senator, District No. 7

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June 14, 1991

Opinion concerning the constitutionality of S.C. Code Ann. §§ 5-1-40 and 5-1-50, as to certain procedures required to be followed to incorporate a municipality.

Requested by: Burnet R. Maybank, Esquire, General Counsel

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June 14, 1991

Opinion concerning the constitutionality of S.1013, R-237, an act relating to the Spartanburg Commission on Higher Education.

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

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June 10, 1991

Opinion concerning whether, in several different cases, taking the oath of a new judicial office will cause the office presently held to be vacated though the individuals will not assume the duties until July first.

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

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June 10, 1991

Opinion concerning the constitutionality of H.3514, R-213, an act amending S.C. Code Ann. § 50-11-870 (1990 Cum. Supp.) to revise the specified portion of York County previously declared to be a bird sanctuary.

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

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June 5, 1991

Opinion addressing several questions regarding overcrowded jails.

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

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June 4, 1991

Opinion addressing a request that this Office reconsider a conclusion expressed in an opinion dated September 23, 1982.

Requested by: Gary T. Pope, Esquire, Newberry County Attorney; Joseph W Hudgens, Esquire

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June 4, 1991

Opinion concerning whether an individual charged with violation of probation may be released on bond by posting with the clerk of court cash in the amount of ten percent of the bond set.

Requested by: The Honorable J. Ed Horton, Sr., Chief Magistrate, Anderson County

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June 3, 1991

Opinion concerning whether an individual’s conviction for attempted robbery in the third degree would prohibit the purchase of a handgun by that individual.

Requested by: J. David Watson, Esquire, Assistant Solicitor, Fourth Judicial Circuit

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June 3, 1991

Opinion concerning the electronic monitoring “in house arrest” system.

Requested by: The Honorable Luke N. Brown, Jr., Judge, Fourteenth Judicial Circuit

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May 31, 1991

Opinion concerning who regulates corporations in South Carolina.

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

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May 30, 1991

Opinion addressing various issues concerning voting and conflicts of interest of council members.

Requested by: J. Ira Ruff, Esquire, Leesville Town Attorney

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May 24, 1991

Opinion on time line for right to a speedy trial for a person accused of a crime. Requested by The Honorable M.O. Alexander, Member, South Carolina House of Representatives. Read full opinion.

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May 24, 1991

Opinion concerning reports of abuse, misuse and misappropriation of public money at the University Of South Carolina.

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

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May 24, 1991

Opinion concerning the constitutionality of H.3952, R-153, an act to permit the North Charleston District to continue to enter into certain franchise agreements.

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

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May 24, 1991

Opinion referencing H. 3547 and addressing whether there would be grounds for a court to declare the bill if enacted, with or without the amendment, unconstitutional or in conflict with existing case law.

Requested by: The Honorable Thomas C. Alexander, Chairman, Labor, Commerce and Industry Committee

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May 20, 1991

Opinion referencing an advisory ruling (ABC ruling 91-12) recently issued by the Alcoholic Beverage Control Commission regarding the Alcoholic Beverage Control Act (South Carolina Code Section 61-1-10, et seq.) and addressing whether this policy should have been promulgated in accordance with the notice and review procedures of the Administrative Procedures Act (South Carolina Code Section 1-23-10 et seq.).

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

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May 17, 1991

Opinion concerning whether a citizen in a funeral procession can “proceed through [an] intersection against a traffic light… with or without police escort.”

Requested by: Sherriff Gene Taylor, Anderson County Sherriff’s Office

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May 17, 1991

Opinion referencing a previously written opinion rendered at the request of The Honorable C. Lem Harper on June 28, 1989 concerning his offering for reelection for another term on the South Carolina Employment Security Commission and continuing to serve the remainder of the term for which he had been elected, notwithstanding his age, and addressing whether that opinion still reflects the opinion of this Office as to that issue.

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

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May 16, 1991

Opinion concerning whether current members of the Environmental Certification Board, who served terms on the previous Board which was dissolved, may serve another term

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

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May 16, 1991

Opinion concerning whether the South Carolina Senate can constitutionally bar and referencing the Supreme Court decision of Powell v. McCormack as the leading recent case in the area of a legislative body’s decision not to seat a member (exclusion).

Requested by: The Honorable John Courson, Senator, District No. 20; The Honorable Joe Wilson, Senator, District No. 23; The Honorable David Thomas, Senator, District No. 8

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May 14, 1991

Opinion concerning the constitutionality of S.341, which would provide that the Presidents of the South Carolina Federation of Republican Women and the South Carolina Federation Of Democratic Women will be ex officio members of their respective State committees.

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

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May 13, 1991

Opinion concerning whether Section 16-17-530 of the Code, which prohibits public disorderly conduct, requires the presence of individuals in addition to the defendant and a law enforcement officer for a violation to occur.

Requested by: Gregory A. Hoover, Chief of Police, Moncks Corner Police Department

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May 8, 1991

Opinion concerning whether the Charleston County Legislative Delegation may approve a budget for the Charleston County School district in excess of 90 mills without introducing legislation in the General Assembly.

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

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May 8, 1991

Opinion concerning a 65.2 acre parcel of land purchased by The Irmo Chapin Recreation District for the purpose of providing a recreational facility. It now has been determined that such will not be provided. At the time of purchase, the land was classified and taxed as agricultural lands. The land will be sold and its use changed by the purchaser. The inquiry is whether a roll back tax is due.

Requested by: Jeff M. Anderson, Esquire

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May 7, 1991

Opinion concerning several questions regarding forfeiture proceedings.

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

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May 7, 1991

Opinion concerning whether a handgun may be returned to an individual charged with a violation of Section 23-31-140 of the Code.

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

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May 7, 1991

Opinion concerning the legal authority of the York County Manager to discharge the appointed York County Treasurer under the council-manager form of government where the York County Council has adopted an ordinance provided for the appointment of the county treasurer.

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

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May 7, 1991

Opinion addressing just how close one corporations name may be to that of another corporation, and whether the Secretary of State has the authority to reject the registration or filing of a corporate name.

Requested by: Burnet R. Maybank, III, General Counsel, Department of State

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May 7, 1991

Opinion concerning whether the House Rules are applicable to lobbyists’ activities that occur outside of the capitol grounds.

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

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May 7, 1991

Opinion referencing that in executing a writ of ejectment, an additional three days are given to vacate the premises. This opinion addresses whether such an extension is authorized.

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

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May 7, 1991

Opinion concerning whether a person residing outside the New Prospect Area Fire District, but owning land in the district, may be appointed to the Board of Fire Control for the district.

Requested by: The Honorable Danny M. Bruce, Member, House of Representatives

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May 6, 1991

Opinion concerning the appointment of “full time” and “part time” magistrates and raising issues regarding pay and the number of hours worked per week.

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

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April 30, 1991

Opinion providing clarification concerning Section 8-13-460 of the South Carolina Code of Laws.

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

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April 30, 1991

Opinion regarding an indictment of a member of the Santee Town Council concerning whether the offense would constitute a crime of moral turpitude.

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

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April 30, 1991

Opinion regarding whether the Department of Corrections is authorized by law to refuse to accept prisoners committed by the several counties.

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

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April 29, 1991

Opinion concerning whether the salary of a current part time magistrate can be cut upon that magistrate’s being reappointed for a four year term, in proportion to a reduction of that part time magistrate’s hours.

Requested by: The Honorable Michael T. Rose, Senator District 38

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April 29, 1991

Opinion concerning the number of full time and part time magistrates that are to be appointed to serve in Berkeley County.

Requested by: The Honorable Michael T. Rose, Senator District 38

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April 29, 1991

Opinion regarding the recording fee for an “extension and modification agreement.”

Requested by: The Honorable Virginia T. Hafen, Register of Mesne Conveyance

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April 26, 1991

Opinion regarding whether an extra fee may be charged for the recording of deeds. The fee in question is the Town of Hilton Head’s “real estate transfer fee” that must be paid upon the recording of the related instrument at the Office of the Register of Mesne Conveyances.

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

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April 26, 1991

Opinion concerning Section 23-28-100 of the Code providing that reserve law enforcement officers “… shall wear uniforms which will identify them as law enforcement officers.”

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

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April 25, 1991

Opinion regarding the probable constitutionality of the provisions of S.715 and H.3655 which would exempt the Eastern Star Home in Sumter County from the regulations of the South Carolina Department of Health and Environmental Control governing licensure and operation of residential care facilities.

Requested by: H. Clay Carruth, Research Director, Meidcal Affairs Committee

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April 24, 1991

Opinion concerning the constitutionality of H.3618, R-64, an act relative to the Marion County Hospital District.

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

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April 23, 1991

Opinion concerning whether the tax credit generated by the local option sales tax should be determined prior or subsequent to the application of the homestead exemption.

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

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April 17, 1991

Opinion addressing the disposition of funds generated pursuant to Section 56-5-6240 of the Code.

Requested by: The Honorable J. Al Cannon, Jr., Sheriff, Charleston County

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April 16, 1991

Opinion concerning whether an employee of the Horry County Register of Mesne Conveyances office may be appointed to and serve on the Horry County Zoning Board of Adjustments, in light of the proscription of § 6-7-740, S.C. Code Ann. (1976).

Requested by: John C. Zilinsky, Esquire, Assistant County Attorney

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April 11, 1991

Opinion concerning the authority of the Spartanburg County Council to freeze the funding for magisterial positions.

Requested by: The Honorable Glenn G. Reese, Senator District 11

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April 10, 1991

Opinion concerning a proposed amendment to S.388, a bill providing for the regulation of solid waste. The proposed amendment would be made part of proposed § 44-96-290(E), and this opinion addresses whether this provision can legally be enforced.

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

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April 10, 1991

Opinion questioning whether a constitutional amendment is needed in order for a member of the legislature to limit another member’s voting privileges.

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

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April 9, 1991

Opinion providing clarification of the law which seems to indicate that students with a chronic illness may be excused from attendance with a physician’s statement stating the illness is of a chronic nature, etc., without regard to the standing rule requiring a student to be in attendance for 170 days to receive credit for the year.

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

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April 9, 1991

Opinion concerning perpetual care cemeteries charging fees for their care and maintenance funds higher than state law allows.

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

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April 8, 1991

Opinion concerning whether a member of the general public may demand the required information from the transmittee of abandoned property if the property’s holder transmits the same to the Tax Commission without providing such information.

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

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April 5, 1991

Opinion regarding whether the conclusion of an opinion dated January 22, 1991, which states that a meeting of a school district board of trustees must be held within the geographic confines of the school district, would also apply to city and county council meetings.

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

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April 5, 1991

Opinion concerning the constitutionality of H.3641, R-44, an act amending S.C. Code Ann. § 50-11-870 (1990 Cum. Supp.) to designate the specified portion of Clarendon County a bird sanctuary.

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

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April 5, 1991

Opinion concerning whether a dual office holding situation exists if a magistrate simultaneously serves as a member of the Board of the Greenville Hospital System.

Requested by: Judith S. Burk, Esquire, Greenville County Attorney

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April 3, 1991

Opinion concerning whether a Sheriff is barred by the decisions of the previous sheriff, or if the new Sheriff may regain hiring and supervisory authority over bailiffs.

Requested by: The Honorable Ray Isgett, Sheriff, Berkeley County

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April 2, 1991

Opinion on disbursement of school funds by the Treasurer. Requested by The Honorable William H. Linder, Richland County Treasurer. Read full opinion.

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April 2, 1991

Opinion regarding a provision of proposed legislation, H.3425, which authorizes the release of an inmate of a county prison or jail to a prisoner rehabilitation program.

Requested by: The Honorable Dave C. Waldrop Jr., Member of House of Representatives

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April 1, 1991

Opinion concerning whether security officers employed by and on the payroll of the Richland County Sheriff’s Department are eligible to exclude $5.00 per duty day from their South Carolina Personal Income Tax return for subsistence allowance, pursuant to South Carolina Code Ann. Sections 23-1-30 and 23-1-40 (1976, as amended).

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

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April 1, 1991

Opinion concerning whether the Richland County Council has the authority to approve a budget for Richland County School District Two in a manner which would, in effect, be at an amount “not to exceed” a specific dollar limit.

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

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April 1, 1991

Opinion concerning whether taxes can be collected to fund specific budgeted items be used to pay unbudgeted expenses.

Requested by: John G. Frampton, Esquire, Dorchester County Attorney

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March 29, 1991

Opinion concerning the granting of high school credits to a high school student absent due to illness.

Requested by: The Honorable Mel Maurer, Dutch Fork Magistrate

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March 29, 1991

Opinion stating that it is understood that Richland County proposes to issue bonds. Pending the issuance of the bonds, the county will execute a bond anticipation note. The question is whether the county treasurer may invest funds that are not currently needed in the bond anticipation note.

Requested by: The Honorable William H. Linder, Richland County Treasurer

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March 28, 1991

Opinion asking when the 2.5% pay increase should be effective for magistrates and probate judges.

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

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March 28, 1991

Opinion regarding proposed legislation, H.3513, which deals with “bottomless entertainment” at establishments which sell alcoholic beverages.

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

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March 27, 1991

Opinion concerning whether the S.C. State Athletic Commission is a “Professional Occupational Licensing Agency” within the Meaning of Proviso 129.38 of the 1990-91 Appropriations Act.

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

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March 26, 1991

Opinion concerning whether the magistrates formerly classified as “special magistrates” now have full magisterial jurisdiction.

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

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March 26, 1991

Opinion concerning whether the old officers of the Commissioners of Election and the Registration Board of Abbeville County would continue to serve so that the election and registration tasks may continue to be exercised until the new commission is appointed.

Requested by: Thomas E. Hite, Jr., Esquire

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March 26, 1991

Opinion concerning whether federal credit unions are instrumentalities of the Federal Government and hence exempt from payment of the South Carolina sales tax.

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

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March 25, 1991

Opinion concerning whether the notice provided by Section 12-49-225 is no longer required because of the provisions of Section 12-51-95, et seq. and whether the failure to give notice invalidates the sale of a mobile home.

Requested by: Michael L. Horton, Assistant Comptroller General

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March 22, 1991

Opinion concerning whether a sitting member of a city council who might be elected to the House of Representatives might transfer his retirement, medical, and dental insurance and whether, before being sworn in the General Assembly in January 1992, the individual may vote.

Requested by: The Honorable Theo W. Mitchell, Senator, District No. 7

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March 20, 1991

Opinion concerning whether use of official position or office for financial gain as proscribed in S.C. Code Ann. §8-13-410 (2)(b) 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: Mark R. Elam, Esquire, Senior Counsel to the Governor

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March 20, 1991

Opinion stating that Senate Bill S-45- would amend the provisions of S.C. Code Ann. Section 12-43-220 that, inter alia, define “agricultural real property” and questioning whether the proposed bill is constitutional.

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

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March 14, 1991

Opinion concerning the application of §48-39-350 to the City of Folly Beach requiring each local government in the coastal zone to prepare a local comprehensive beach management plan to be submitted to the Coastal Council for approval.

Requested by: Nancy B. Tecklenburg, Esquire

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March 14, 1991

Opinion regarding the constitutionality of H.3499, R-24, an act amending S.C. Code Ann. § 50-11-870 (1990 Cum. Supp.) to designate the Town of Pawleys Island in Georgetown County a bird sanctuary.

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

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March 14, 1991

Opinion concerning the constitutionality of H.3188, R-21, an act changing the fiscal year of the Greenville County Recreation District.

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

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March 14, 1991

Opinion reviewing a previously written opinion sent December 28, 1990 to Honorable McKinley Washington concerning employee longevity pay supplements of the Charleston County School District.

Requested by: Barbara D. Dilligard, Ed.D., Deputy Superintendent for Personnel, Charleston County School District

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March 14, 1991

Opinion concerning whether Richland County Council can repeal the existing ordinances which provide for a merit increase and a special merit increase?

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

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March 13, 1991

Opinion concerning whether an amendment to S.708 would require preclearance under Section 5 of the Voting Rights Act of 1965, as amended, by the United States Department of Justice if it were to be enacted by the General Assembly.

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

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March 13, 1991

Opinion concerning whether the “SHIMS” funds may be reallocated for education purposes or for any other purpose.

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

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March 12, 1991

Opinion concerning the proper procedure for selecting jurors for inquests.

Requested by: The Honorable Wade C. Arnette, Coroner, Berkeley County

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March 11, 1991

Opinion concerning whether a fortified wine known as Cisco, containing 20 percent alcohol by volume, which is similar in its packaging and appearance to a relatively low alcohol wine cooler, can be removed from the store shelves and barred from sale in this state.

Requested by: Nicholas P. Sipe, Executive Director, Alcoholic Beverage Control Commission

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March 11, 1991

Opinion indicating that Mr. David Morrah is unable to obtain a special license plate as magistrate because he does not have trial powers.

Requested by: The Honorable Jennings G. McAbee, Member, House of Representatives

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March 8, 1991

Opinion addressing three questions relating to special purpose districts.

Requested by: The Honorable Roger M. Young, Member, House of Representatives

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March 7, 1991

Opinion concerning whether this Office would reach the same conclusion as to a similar disclosure of information gathered during a compliance review conducted pursuant to S.C. Code Ann. §1-22-10 et seq. (1990 Cum. Supp.) and whether disclosure of compliance review records by the Legislative Audit Council pursuant to an order of a court would sufficiently protect a person involved from being in violation of the confidentiality statutes relative to compliance reviews.

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

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March 5, 1991

Opinion concerning the proper fees for modification of mortgages and for cancellation of financing statements indexed in mortgage indices.

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

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March 5, 1991

Opinion concerning whether it is legal for the Department of Agriculture to require proof of a negative Coggins test be submitted before it publishes any equine advertisement in its Market Bulletin.

Requested by: Sally M. Rentiers, Esq., General Counsel, S.C. Department of Agriculture

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March 5, 1991

Opinion concerning the correct legal procedures for filling a vacancy on the Marlboro County Board of Education.

Requested by: James C. McAlpine, M.D., Chairman, Marlboro County Board of Education

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March 4, 1991

Opinion regarding whether presidents of the various technical education colleges are entitled to membership on the Council of Presidents established by S.C. Code Ann. Section 59-103-40 (1990).

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

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March 1, 1991

Opinion concerning whether requested information regarding a specific child protective services case may be voluntarily disclosed to the Joint Legislative Committee on Children by the State Department of Social Services.

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

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March 1, 1991

Opinion referencing the procedure set forth in the SLED Breathalyzer Operator’s Test Report which relates to the defendant’s right to additional tests in a DUI case.

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

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March 1, 1991

Opinion concerning the propriety of utilization of prison labor on a project that has been delegated to a private non-profit organization.

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

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March 1, 1991

Opinion regarding the authority of the Legislative Delegation to make appointments to the Charleston County Board of Elections prior to the special election scheduled for April 2, 1991.

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

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February 27, 1991

Opinion regarding a one-mill levy being imposed in the 1990 tax year for the Orangeburg County Board of Education through inadvertence or oversight.

Requested by: The Honorable John G. Felder, Member of House of Representatives

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February 26, 1991

Opinion concerning whether there was any constitutional violation when residents of one county voted in an adjoining county on a matter involving establishment of the corporate boundaries of a municipality.

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

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February 26, 1991

Opinion concerning the constitutionality of H.3190, R-7, an act which permits the Ducks Unlimited Foundation, the Low County Open Land Trust, the Nation Ford Land Trust, a nonprofit conservation organization located in York County and the Beaufort County Open Land Trust, Incorporated, which are working with the State of South Carolina on the Heritage Trust to acquire and dispose of conservation restrictions and easements in the same manner and with the same privileges as governmental bodies and other conservation organizations.

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

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February 26, 1991

Opinion providing clarification for the term appointment for one of the members of the Lee County Development Board.

Requested by: The Honorable Grady A. Brown, Member of House of Representatives

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February 25, 1991

Opinion concerning whether the prerequisites of §20-7-736(E), South Carolina Code of Laws 1976, as amended, for removing a child from his/her home comply with the requirements of §472(a)(1) of the Social Security Act.

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

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February 25, 1991

Opinion regarding how a case is made against the offender who dumps trash or litter on another’s property and what would be needed to amend the current legislation in order to accomplish this.

Requested by: The Honorable Warren K. Giese, Senator District 22

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February 22, 1991

Opinion concerning who appoints magistrates’ constables.

Requested by: The Honorable Woodrow M. McKay, Member of House of Representatives

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February 22, 1991

Opinion regarding the constitutionality of S.151, R-2, an act pertaining to the Clarendon Hospital District of Clarendon County.

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

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February 22, 1991

Opinion regarding the constitutionality of S.463, R-3, a joint resolution approving the dissolution of the Beaufort County Recreation District in Beaufort County.

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

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February 21, 1991

Opinion regarding the continued viability of a local law for Beaufort County creating a Deputy Probate Judge as well as the following another statute to appoint a Deputy Clerk of Court.

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

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February 15, 1991

Opinion questioning whether smoking would be allowed in an open, with partition, work station and whether a state agency can ban smoking within a building.

Requested by: The Honorable Joe Wilson, Senator District 23

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February 13, 1991

Opinion concerning whether the Charleston County School District could call for a referendum to change the method of election of board members from an at-large system to a single member district system.

Requested by: The Honorable Herbert U. Fielding, Senator District 42

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February 12, 1991

Opinion concerning whether the offenses of pointing a firearm and resisting arrest are crimes of moral turpitude.

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

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February 12, 1991

Opinion asking if there is a legal reason why the South Carolina Environmental Certification Board should not enter into a contract for a fee with the South Carolina Chapter of the American Water Works Association and the Water Pollution Control Association of South Carolina to administer a voluntary program for certification of their water distribution personnel.

Requested by; William R. Moore, Director, Environmental Certification Board

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February 12, 1991

Opinion concerning whether installed carpeting is to be taxed as real property or personal property.

Requested by: The Honorable Kenneth Holt, Horry County Auditor

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February 11, 1991

Opinion concerning whether different precincts within one country may use different methods of voting.

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

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February 8, 1991

Opinion concerning a federal law which prevented members from municipal election commissions also serving as poll managers and citing the inconvenience that law caused in Aiken County.

Requested by: The Honorable J. Roland Smith, Member, House of Representatives

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January 30, 1991

Opinion concerning whether the Charleston County Legislative Delegation can make appointments to the Charleston County Board of Election Commissioners prior to the holding of a special election to fill the vacated House seat of McKinley Washington.

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

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January 29, 1991

Opinion concerning whether a dual office holding situation exists if a member of the South Carolina Board of Financial Institutions simultaneously serves on the Lugoff Water District Board of Directors.

Requested by: Derial L. Ogburn

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January 28, 1991

Opinion indicating that consideration is being given to contracting the service of civil process with a private entity; by contract with the county, fees collected by the private entity would be remitted weekly to the county and the county would issue a check to the entity for the same amount for the services rendered. And, asking whether this procedure would conflict with the law enforcement training statutes.

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

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January 25, 1991

Opinion concerning whether a dual office holding situation or conflict of interest exists if an individual serves as the attorney for the Town of Lane while his nephew and associate simultaneously serves as municipal judge for the Town of Lane.

Requested by: J.D. O’Bryan, Jr., Esquire

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January 24, 1991

Opinion concerning whether the state may levy a separate and additional charge of $100 to register a vehicle previously registered in another state?

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

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January 24, 1991

Opinion regarding the proper method for distribution of the local sales tax that is withheld from a county area that collects five million or more dollars.

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

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January 24, 1991

Opinion concerning the status of DHEC proposed regulation R. 61-104 (Document # 1180).

Requested by: The Honorable Peden B. McLeod, Code Commissioner and Director, South Carolina Legislative Council

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January 23, 1991

Opinion concerning whether the offense of burning an untenanted or unoccupied building is a crime of moral turpitude.

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

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January 22, 1991

Opinion concerning whether the Board of Trustees of Richland County School District Two may meet outside the geographic confines of that district for the purpose of discussing District or Board business when no vote is being taken committing the District or Board to a course of action.

Requested by: The Honorable Warren K. Giese, Senator, Richland County

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January 22, 1991

Opinion concerning whether a State Historic Preservation Officer may invoke the authority of Section 106 of the National Historic Preservation Act to effectively veto DHEC permits issued under state law.

Requested by: Samuel L. Finklea, III, Esquire

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January 22, 1991

Opinion concerning the Home Schooling Statute, S.C. CODE ANN. § 59-65-40 (1990).

Requested by: C. Wade Cleveland, Esquire

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January 21, 1991

Opinion regarding whether the court, the trooper, or the Defendant determines the amount of cash bond a defendant may deposit with a trooper pursuant to §23-5-50. The opinion also addresses whether a trooper or any other law enforcement officer has any authority to set a bond or place any bond amount on a traffic ticket other than that amount established by the court before which the case will be tried and what the possible legal consequences are for misuse of such authority.

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

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January 18, 1991

Opinion concerning whether the Drug-Free Workplace Act extends to subcontractors.

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

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January 18, 1991

Opinion reviewing a past opinion dated June 24, 1981 and addressing the question of whether or not it still represents the opinion of this Office.

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

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January 18, 1991

Opinion concerning whether a dual office holding situation exists if a county council member simultaneously serves as a congressional gubernatorial appointee from the Third Congressional District to the Residential Home Builders Commission.

Requested by: The Honorable Thomas L. Moore, Senator, District 25

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January 18, 1991

Opinion regarding whether the exemption provided by S.C. Code Ann. Section 12-37-220 A (7) includes the tax levy for the Pee Dee Area Civic Center and the Pee Dee Regional Airport Authority?

Requested by: The Honorable H. Wayne Joye, Florence County Auditor

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January 17, 1991

Opinion concerning whether, excluding Section 25-1-2310 and Sections 25-3-10 through 25-3-210, inclusive, any other provisions of the Military Code are applicable to members of the [South Carolina] State Guard?”

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

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January 15, 1991

Opinion concerning whether the Eastern Star Home in Sumter County is exempt from legislation requiring licensing of community residential care facilities.

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

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January 15, 1991

Opinion regarding whether the Eastern Star Home in Sumter County is exempt from legislation requiring licensing of community residential care facilities.

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

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January 14, 1991

Opinion regarding the situation whereby a licensed restricted lender moves an office to a different location without notifying the Board of Financial Institutions.

Requested by: Emory L. Hilton, Director, Consumer Finance Division, Board of Financial Institutions

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January 11, 1991

Opinion concerning whether a dual office holding situation exists if a member of the Francis Marion Foundation simultaneously serves on the Francis Marion Board of Trustees or if a State Senator simultaneously serves as chairman of a college or university board of trustees.

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

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January 10, 1991

Opinion concerning whether coroners are eligible for training and certification at the State Criminal Justice Academy pursuant to the provisions of Sections 23-23-10 et seq. of the Code.

Requested by: The Honorable Sue R. Townsend, Coroner, Aiken County

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January 10, 1991

Opinion concerning establishing a tax district for the Fort Mill Rescue Squad.

Requested by: B. Bayles Mack, Esquire

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January 8, 1991

Opinion regarding Aiken County’s plans to enter into a lease-purchase agreement for the purpose of renovating the Bath Mill and to sign this lease-agreement with the Horse Creek Valley Partners without asking for bids from anyone else. This opinion addresses whether state law requires bids for a project of this magnitude.

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

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January 8, 1991

Opinion concerning whether a dual office holding situation exists if a member of Charleston City Council simultaneously sits on the (zoning) Board of Adjustment.

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

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January 8, 1991

Opinion concerning whether School district Two of Lexington County may make what appears to be a one-time financial contribution to the West metro Development Corporation.

Requested by: Jack R. Callison, Esquire, Attorney, Lexington School District Two

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January 7, 1991

Opinion concerning whether a dual office holding situation exists if a member of the Charleston County Board of Social Services simultaneously serves as a Commissioner of the St. Andrew’s Public Service Commission.

Requested by: Gaines W. Smith, Esquire

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January 7, 1991

Opinion questioning the advisability and legality of magistrates countersigning “faxed” copies of arrest warrants.

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

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January 7, 1991

Opinion concerning individuals appearing on behalf of others in proceedings before the Alcoholic Beverage Control Commission, and whether or not they should be attorneys licensed by the South Carolina Supreme Court.

Requested by: Nicholas P. Snipe, Executive Director, Alcoholic Beverage Control Commission

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January 7, 1991

Opinion concerning whether a dual office holding situation exists if the Edgefield County Attorney simultaneously serves as the county’s Public Defender.

Requested by: Mr. T. C. McCain, Edgefield County Administrator

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January 4, 1991

Opinion regarding Act No. 602 of 1990, which increases the list of offenses for which an individual’s driver’s license shall be suspended.

Requested by: The Honorable Richard E. McLawhorn, Commissioner, South Carolina Department of Youth Services

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Welcome to the on-line office for Attorney General Alan Wilson. Please visit the Contact Us page to stay in touch.

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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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