1994 Opinions

February 18, 1994

Opinion regarding a situation in Lee County, where for some time elections for a number of seats on county council were unable to be held because of restrictions, but may now be held, and inquiring as to how these procedures should be handled.

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

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December 22, 1994

Opinion concerning as to the meaning of the term “aircraft” in proviso 129.50 of Act 497 of 1994, the 1994-95 Appropriations Act.

Requested by: The Honorable A. Crawford Clarkson, Jr., Chairman, Department of Revenue and Taxation

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December 21, 1994

Opinion inquiring as to the authority of private security officers employed by Sea Pines Plantation on Hilton Head to enforce the numerous traffic and motor vehicle laws of this State on the private property of the Plantation.

Requested by: The Honorable Holly A. Cork, Senator, District No. 46

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December 21, 1994

Opinion questioning if a reserve police officer, who has successfully completed training requirements defined by statute, could be assigned at the discretion of the Chief of Police to patrol within the police department’s jurisdiction in a police vehicle, but without having to ride with a regular officer, Also, the opinion addresses the authority a reserve police officer has while en route to duty with the police department or returning home after working if in a privately owned vehicle, should he/she observe the commission of a crime.

Requested by: Chief James Chad Caldwell, City of North Charleston Police Department

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December 21, 1994

Opinion inquiring about Citadel police officers carrying weapons off-duty.

Requested by: Sherman M. Bingham, Director, Department of Public Safety, The Citadel

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December 21, 1994

Opinion asking about the legality of neon or florescent lights under automobiles.

Requested by: The Honorable Lynne Benfield, Magistrate, York Bethesda Townships

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December 8, 1994

Opinion questioning if a physician’s ownership of shares of common stock in a publicly-held company whose subsidiary provides “designated health services” as defined by § 44-113-20(4) constitutes a prohibited “investment interest” pursuant to the Provider Self-Referral Act of 1993.

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

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December 7, 1994

Opinion concerning a verification of Attorney General Opinion 92-07, regarding off duty employment of County Deputy Sheriffs.

Requested by: Barry D. Mallek, Chief of Police, Town Of Duncan

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December 7, 1994

Opinion concerning whether a dual office holding situation exists if a public member of the South Carolina Real Estate Appraisers Board simultaneously serves on the Horry County Council.

Requested by: Ms. Evelyn Causey

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December 7, 1994

Opinion seeking as to whether a municipality would be legally authorized, pursuant to S.C. Code Ann. § 5-15-60, to elect its council members by a majority vote feature and its mayor by a plurality vote feature.

Requested by: Thomas M. Boulware, Esquire, Attorney for City of Barnwell

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November 28, 1994

Opinion concerning whether S.C. Code Ann. § 15-29-85 (1993 Cum. Supp.) governs charges for legal advertisements in newspapers and rates for indigents, and whether the law requires accommodation of indigent requests.

Requested by: The Honorable Gilda Cobb-Hunter, Member, House of Representatives

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November 21, 1994

Opinion concerning the provisions of S.C. Code Ann. § 53-1-150(B) (1993 Cum. Supp.), also referred to as the “Blue Laws.”

Requested by: The Honorable Bill Coffey, Sheriff of Spartanburg County; The Honorable David G. Dennis, Chairman, Spartanburg County Council

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November 15, 1994

Opinion asking whether the patriot’s Point Development Authority has the authority to establish a nonprofit corporation to carry out the purposes set forth in its enabling legislation, South Carolina Code of Laws, §51-13-770 (1976, as revised).

Requested by: Thomas Dewey Wise, Esquire, General Counsel, Patriot’s Point Development Authority

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November 15, 1994

Opinion inquiring as to the proper interpretation of §27-16-120 (E), which addresses personal hunting and fishing licensing and fees

Requested by: The Honorable Wes Hayes, Senator, District No. 15

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November 7, 1994

Opinion asking if the uniform summons created by South Carolina Code Ann. §56-7-80 (Supp. 1993) can be used for enforcing the State litter laws or the State environmental laws, and if not, if the County can enact an ordinance incorporating these state laws in order to use the summons.

Requested by: William McBee Smith, Spartanburg County Attorney

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November 4, 1994

Opinion regarding whether the General Assembly, constitutionally, could amend expulsion procedures for public school students so that a student could be granted another chance to stay in school and avoid expulsion for an offense, provided that the parents of the student agreed to waive the right to a hearing if the student is expelled at some future date during that school year.

Requested by: The Honorable Merita A. Allison, Member, House of Representatives

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October 31, 1994

Opinion addressing two scenarios regarding whether a scrap metal dealer can legally purchase copper from an individual with questionable identification.

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

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October 31, 1994

Opinion concerning how magistrates are compensated and whether a full-time position may be split into two part-time positions. Also, the Opinion addresses whether a dual office holding situation exists if a full-time magistrate simultaneously carries a part-time position.

Requested by: The Honorable James S. Klauber, Member, House of Representatives

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October 28, 1994

Opinion concerning what degree of proof is needed by an auditor in ascertaining whether title has been transferred for purposes of Section 12-37-2725.

Requested by: The Honorable James G. Fickling, Auditor, Barnwell County

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October 28, 1994

Opinion inquiring as to the constitutionality of section 5 of Act No. 1817, of 1972, which created the Florence County Fire District. The particular concern related to the “unequitable allocation of the funds collected by this tax district as outlined in Section 5 of the Act.”

Requested by: The Honorable Harry R. Askins, Member, House of Representatives

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October 26, 1994

Opinion concerning whether an unwritten rule requiring full-slate voting in the elections to the Pork Board; ie, that a voter must vote for all seats that are open or the ballot will not be counted, is permissible.

Requested by: Larry L. Yonce, Chairman, The Agriculture Commission of South Carolina

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October 26, 1994

Opinion regarding a business, Monte Carlo Productions, which would like to offer clients the opportunity to stage a casino theme party where guests would play typical casino games, but would not pay any fee.

Requested by: The Honorable Scott H. Richardson, Member, House of Representatives

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October 26, 1994

Opinion concerning S.C. Code Ann. §56-5-765, enacted by the General Assembly last year, dealing with accident investigations when law enforcement vehicles are involved.

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

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October 20, 1994

Opinion concerning what should be required of emancipated seventeen-year-old applicants for marriage licenses, to prove that they are in fact emancipated.

Requested by: The Honorable Evelyn J. Fulton, Probate Judge of York County

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October 18, 1994

Opinion concerning whether the certified detention officers employed at the Aiken County Detention Center who are not commissioned law enforcement officers have the authority to serve any type of warrant on an inmate of that facility for a crime not committed in that facility, and during a time frame prior to incarceration at that facility. Also, if warrants have been served by a detention officer without authority to do so, what steps, if any, may be taken to rectify the service on inmates currently housed at the detention center?

Requested by: The Honorable Howard L. Sellers, Sheriff, Aiken County

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October 18, 1994

Opinion regarding whether or not Magistrate’s Court has jurisdiction over cases involving a juvenile charged with the criminal offense of minor in possession of beer, or violation of the open container law.

Requested by: The Honorable Lee S. Alford, Family Court Judge, Sixteenth Judicial Circuit

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October 14, 1994

Opinion concerning whether a dual office holding situation exists if a member of the Aiken County Board of Education (if elected in the general election next month) simultaneously serves on the Aiken County Higher Education Commission.

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

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October 14, 1994

Opinion concerning whether House Bill 3607 as adopted (R-471, Act No. 411 of 1994) would permit municipal police departments to compensate their reserve police officers.

Requested by: The Honorable Greg Gregory, Senator, District No. 16

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October 7, 1994

Opinion concerning S.C. Code Ann. § 61-9-312, which Code section allows for issuance of special permits for Sunday sales of beer and wine for off-premise consumption in those counties and municipalities which have adopted § 61-5-180.

Requested by: The Honorable Luke A. Rankin, Senator, District No. 33

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October 7, 1994

Opinion concerning S.C. Code Ann. § 61-9-312, which Code section allows for issuance of special permits for Sunday sales of beer and wine for off-premise consumption in those counties and municipalities which have adopted § 61-5-180.

Requested by: The Honorable Thomas G. Keegan, Member, House of Representatives

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October 6, 1994

Opinion requesting that this Office review its opinion of May 12, 1992, in which it concluded that registers of mesne conveyances and clerks of court are not required to accept partial assignments of mortgages for recording.

Requested by: Ms. Nancy B. Tecklenburg, Deputy County Attorney, Charleston, SC

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October 4, 1994

Opinion concerning the five percent surcharge imposed by Section 56-31-50, which qualifies as a tax since it is an enforced contribution of money under the State’s exercise of its taxing power to raise revenue for a public purpose.

Requested by: The Honorable John C. Land, III, Senator, District No. 36

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October 3, 1994

Opinion requesting a ruling relative to the interpretation and application of S.C. Code Ann. § 12-21-1791 (1993 Cum. Supp.).

Requested by: A. Crawford Clarkson, Jr., Chairman, South Carolina Department of Revenue

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September 29, 1994

Opinion concerning a Lieutenant Governor possessing the authority to suspend a member of the Senate upon indictment for a crime enumerated in Section 8-13-560.

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

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September 27, 1994

Opinion inquiring if a candidate should be replaced pursuant to the provisions of S.C. Code Ann. §§ 7-11-50 or 7-11-55 (Supp. 1993).

Requested by: Anne Frances Bleecker, Esquire, Nelson, Mullins, Riley & Scarborough, L.L.P.

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September 22, 1994

Opinion regarding the interpretation of S.C. Code Ann. § 16-23-50 and § 23-31-190 in light of the law enforcement circumstances existing in Horry County.

Requested by: Gerald T. Whitley, Jr., Acting Police Chief, Horry County Police Department

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September 22, 1994

Opinion regarding whether a school district has any discretion as to compliance with the following statute passed by the legislature this year: “All schools shall provide for a minute of mandatory silence at the beginning of each school day.”

Requested by: The Honorable Scott H. Richardson, Member of House of Representatives

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September 22, 1994

Opinion regarding whether a school district has any discretion as to compliance with the following statute passed by the legislature this year: “All schools shall provide for a minute of mandatory silence at the beginning of each school day.”

Requested by: The Honorable Becky Meacham, Member of House of Representatives

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September 19, 1994

Opinion regarding whether a dual office holding situation exists if the part-time municipal judge for the Town of Fairfax undertakes contract legal work for the Town of Fairfax.

Requested by: Walter H. Sanders Jr., Esquire

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September 19, 1994

Opinion concerning Act 164, Part I, § 20.28, 1993 S.C. Acts 826, which is contained in the Department of Education’s section of the Appropriations Act, is whether the Department has reasonably interpreted this proviso.

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

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September 15, 1994

Opinion concerning serving as Associate Probate Judge of Laurens County and whether one may receive a retainer agreement to be the attorney for the Commission of Public Works for the City of Laurens .

Requested by: The Honorable Donald B. Hocker, Associate Probate Judge of Laurens County

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September 15, 1994

Opinion concerning the constitutionality of H.5146, R-628, an act relating to the Charleston County School District.

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

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September 13, 1994

Opinion on taxation and revenue – documentary stamps on the sale of standing timber. Requested by The Honorable Donald H. Holland, Member, South Carolina Senate. Read full opinion.

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September 9, 1994

Opinion regarding the legality of the appointment of the superintendent as the Board’s designee to conduct hearings pursuant to the appropriate statute.

Requested by: Carnell Hampton, Chairman, Clarendon School District No. 3

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September 8, 1994

Opinion concerning whether, under South Carolina Human Affairs Law or Division IV, Section 1 and 2 of the Education Improvement Act (EIA), local school districts are required to develop written affirmative action plans comparable to those required of state agencies.

Requested by: The Honorable Donald W. Beatty, Chairman, S.C. Legislative Black Caucus Affirmative Action Committee

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September 7, 1994

Opinion concerning the constitutionality of S.1432, R-563, an act embracing relocation of the Folly Beach Public Oyster Ground, an eleemosynary corporation in Florence County, and the Goose Creek Park and Playground Commission.

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

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August 30, 1994

Opinion asking if the State Fire Marshall has the authority under §23-9-40, S.C. Code of Laws Ann. 1976, to order a temporary ban on the use of fireworks when the Marshal determines that conditions are a threat to personal safety or property.

Requested by: The Honorable Harry R. Askins, Member of House of Representatives

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August 26, 1994

Opinion asking how the selection of the new fire marshal will affect existing special purpose districts.

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

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August 15, 1994

Opinion asking if the exemption provisions of Section 12-37-220 apply to a separate fee imposed for the disposal of solid waste.

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

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August 12, 1994

Opinion questioning whether or not S.C. Code Ann. §6-7-830 (Supp. 1993) has been superseded or preempted by the Federal Fair Housing Amendments Act of 1988 (FHAA), 42 U.S.C. §3601, et seq.

Requested by: Senator W. Greg Ryberg

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August 11, 1994

Opinion asking whether certain aspects of Act No. 186 of 1993 apply to the central processing aspect of the Reinsurance Facility’s business.

Requested by: Mr. Philip S. Porter, Acting Administrator and Consumer Advocate, SC Department of Consumer Affairs

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August 1, 1994

Opinion asking if there is a time limit for a pending ordinance to become null and/or void, and is any action required to maintain the pending status.

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

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August 1, 1994

Opinion concerning whether an individual who is both a full-time employee of Horry-Georgetown Technical College and a Board member can receive the hearing fee of $300.00 per day for attendance at parole and pardon hearings.

Requested by: The Honorable J.P. Hodges, Chairman, Board of Probation, Parole, and Pardon Services

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July 29, 1994

Opinion asking whether vehicles bearing “handicapped” license plates and vehicles bearing “disabled veteran” license plates are entitled to the same treatment with respect to parking in handicapped parking spaces and the payment of fines or fees therefore.

Requested by: Captain A.M. Wade, Administrative Services, City of North Charleston Police Department

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July 26, 1994

Opinion concerning the scope of the “Lodging Establishment Act,” adopted by the General Assembly in 1994.

Requested by: Captain Warren Gall, Uniform Division, City of Myrtle Beach Police Department

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July 21, 1994

Opinion asking whether a Home/Property Owners Association, organized as a nonprofit corporation under § 33-31-10, et seq., S.C. Code of Laws, Ann., 1990, could provide their Board of Directors with additional powers through the enactment of corporate by-laws.

Requested by: The Honorable Harold G. Worley, Member of House of Representatives

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July 6, 1994

Opinion asking if the Department of Revenue has the authority to revoke a license under Section 12-54-90 for a taxpayer who fails to report its business personal property.

Requested by: The Honorable J. Martin Posey, Tax Collector, Aiken County

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July 5, 1994

Opinion asking, “must an FLC pay the county treasurer when the FLC is the “successful bidder” at a tax sale?” Also, if the FLC acquires the title to property, and the governing body of that county wishes to acquire ownership and permanent use of the property, must the commission deed the property to the county? Or, is the title held by the commission equivalent to county ownership.

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

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June 29, 1994

Opinion seeking clarification of a bill pending the Governor’s signature in conjunction with a proviso in the 1994-95 Appropriations Act.

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

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June 29, 1994

Opinion regarding several aspects of the 1994 amendment to §12-21-2720.

Requested by: Mr. A. Crawford Clarkson Jr., Chairman, Department of Revenue and Taxation

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June 28, 1994

Opinion regarding issues which have arisen in the City of Rock Hill due to the use of general obligation funds for, allegedly, projects other than those authorized by the electors in a referendum authorizing the issuance of those general obligation bonds.

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

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June 27, 1994

Opinion asking whether S.C. Code Ann. §6-11-70 (1993 Cum. Supp.) applies to the process of implementing an election and also whether terms of the appointed members may be shortened.

Requested by: The Honorable Doug Smith, Member of House of Representatives

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June 24, 1994

Opinion concerning whether a dual office holding situation exists if a salaried state employee (administrator of the Real Estate Commission for the Department of Labor, Licensing, and Regulation) may simultaneously serves on the governing body of the State Ports Authority.

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

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June 21, 1994

Opinion inquiring as to the status of expired members, as well as the Governor’s authority to make interim appointments since the legislature has now adjourned sine die.

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

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June 21, 1994

Opinion asking whether S.C. Code Section 23-1-215 would authorize agreements between law enforcement agencies in different jurisdictions for purposes of combating illegal drug activity.

Requested by: John G. Frampton, Esquire

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June 21, 1994

Opinion inquiring as to the constitutionality of S.1403,R-560, an act which would prohibit the City of Lancaster from taking certain actions with respect to water or sewer services.

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

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June 21, 1994

Opinion inquiring as to the constitutionality of H.5210, R-631, an act abolishing the Spartanburg County Board of Education, developing that Board’s powers and duties on the boards of trustees of the local school boards of Spartanburg County, establishing the Spartanburg County Education Oversight Committee, and so forth.

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

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June 21, 1994

Opinion on the constitutionality of H. 5210, R. 631 (abolishes the Spartanburg County Board of Education and establishes the Spartanburg County Education Oversight Committee). Requested by Mark R. Elam, Senior Legal Counsel to the Governor. Read full opinion.

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June 14, 1994

Opinion inquiring if the General Assembly may appropriate funds in support of the bonds if the bonds actually are moral obligation bonds.

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

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June 6, 1994

Opinion concerning whether the Charleston County Legislative Delegation should be approving the entire budget of Trident Technical College rather than only Charleston County’s portion of the tax revenue budget.

Requested by: Mary Thornley, President, Trident Technical College

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June 2, 1994

Opinion questioning whether a motorcycle could be seized in a case where the individual riding the motorcycle was convicted of fifth offense driving under suspension.

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

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June 2, 1994

Opinion questioning which Senator has the appointing authority as to magisterial appointments.

Requested by: The Honorable Maggie W. Glover, Senator of South Carolina

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May 31, 1994

Opinion on the constitutionality of amendments to H. 4800 and H. 4826. Requested by The Honorable Thomas L. Moore, Member, South Carolina Senate. Read full opinion.

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May 26, 1994

Opinion inquiring whether DHEC can unilaterally withdraw or abandon proposed regulations once they have been submitted to both chambers of the General Assembly for review.

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

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May 26, 1994

Opinion concerning multiple issues, all pertaining to the Cosmetology Board, and related to the practice of cosmetology in South Carolina.

Requested by: C. Arthur Pruitt, South Carolina State Board of Cosmetology

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May 24, 1994

Opinion referencing a phone conversation on May 11, 1994, but specifically asking whether an election must be called within a specified time following a vacancy occurring in the office of Mayor.

Requested by: The Honorable Roger M. Young, Member, House of Representatives, District No. 117

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May 19, 1994

Opinion inquiring as to whether a fraudulent check warrant can be issued in circumstances involving “check cashing” stores, and their process of lending money for post dated checks.

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

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May 19, 1994

Opinion asking, “whether it is appropriate for police officers to photograph individuals in high crime and drug areas?”

Requested by: Captain C.R. Clark, Criminal Investigation Division, City of Columbia Police Department

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May 11, 1994

Opinion asking if a special election must be held when a mayor resigns his office approximately one year prior to the end of his term.

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

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May 3, 1994

Opinion asking, “Is there any legal prohibition against a licensed car dealer in South Carolina selling a motor vehicle on consignment?”

Requested by: Representative Robert W. Harrell, Jr., South Carolina House of Representatives

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May 3, 1994

Opinion asking, “As part of their duties, can DHEC examine and consider past environmental compliance histories and records of industries and companies when they apply for permits, or must they ignore a prior history of non-compliance?”

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

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April 25, 1994

Opinion asking for an interpretation of Art. IV, Section 21 of the South Carolina Constitution as it relates to the Governor’s veto of a bill.

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

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April 22, 1994

Opinion referencing statues such as S.C. Code Ann. §§ 40-60-30 and 12-4-335, and raising the question whether licensure or certification requirements for ad valorem tax appraisers may have been removed by §40-60-45 as adopted in 1993.

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

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April 20, 1994

Opinion whether a part-time employee of the Aiken County Auditor’s Office could be appointed to fill a vacancy on the governing body of the Belvedere Fire District, for the unexpired portion of the term.

Requested by: The Honorable Gloria Ruvo, Commissioner, Belvedere Fire District

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April 20, 1994

Opinion asking whether it would be viewed as a conflict if a commissioner of a dire district (or member of a board of fire control) were to serve as an auxiliary of honorary fireman.

Requested by: Ms. Lori A. Hinds, Administrative Assistant, Spartanburg County Legislative Delegation

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April 20, 1994

Opinion inquiring as to the constitutionality of H.4937, R-384, an act authorizing the members of the board of trustees of the School District of Greenville County to receive an annual salary and to provide a mechanism for setting that salary.

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

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April 20, 1994

Opinion inquiring as to the constitutionality of H.4842, R-3765, an act providing that the trustees of the Georgetown County School District be elected in a nonpartisan election held at the same time of the general election, and to otherwise provide for the electoral process.

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

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April 20, 1994

Opinion inquiring as to the constitutionality of H.4690, R-372, an act making specific changes in the governance of the Lexington County Recreation Commission.

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

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April 20, 1994

Opinion on the constitutionality of H. 4842, R. 376 (provides the trustees of Georgetown County School District to be elected in a nonpartisan election held during the general election). Requested by Mark R. Elam, Senior Legal Counsel to the Governor. Read full opinion.

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April 19, 1994

Opinion inquiring whether the crime of assault and battery of a high and aggravated nature is a crime of moral turpitude.

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

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April 11, 1994

Opinion concerning matters relating to the arrest of students “disturbing a school,” specifically in situations which involve fighting, and a refusal to leave the school at the request of the principal.

Requested by: Mr. Joseph P. Madden, Public Information Officer

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April 8, 1994

Opinion inquiring whether you must record mortgages which contain no express derivation clause, noting that S.C. Code Ann. §30-5-35 makes mandatory the inclusion of a derivation clause with deeds and mortgages.

Requested by: The Honorable JoAnne B. Tribble, Register Mesne Conveyance

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April 5, 1994

Opinion concerning penalties for late payment of mortgages by taxpayers, specifically in a situation where the payments were late because a mortgage company had not paid the taxes due, and only after the allotted time period to pay, informed the county for their reasons for not paying, after which new tax notices were mailed to the tax payers directly.

Requested by: The Honorable Mary A. Gray, Auditor, Beaufort County

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April 5, 1994

Opinion inquiring whether one can serve concurrently on Clemson University’s Board of Visitors, on the governing board of Spartanburg Technical College, and on the Work Force Initiative without running afoul of the dual office holding prohibitions.

Requested by: Mr. Marvin B. Banton

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March 31, 1994

Opinion inquiring on behalf of the South Carolina Real Estate Commission, whether the Commission members may deliberate on certain subjects in private, executive sessions.

Requested by: John A. Birgerson, Esquire, Staff Counsel, S.C. Real Estate Commission

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March 25, 1994

Opinion inquiring as to the constitutionality of H.4328, R-339, an act relating to the Glenn Springs-Pauline Rural Fire District of Spartanburg County.

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

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March 16, 1994

Opinion asking questions related to procurement programs administered by the State Department of Transportation and the Budget and Control Board, Division of General Services, specifically concerning the state’s selection of a consulting firm for construction, maintenance, and repair of bridges.

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

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March 14, 1994

Opinion inquiring as to the constitutionality and legality of using the 1980 congressional census lines for purposes of electing the members of the Public Service Commission, and further, asking whether the General Assembly is obligated to use the 1990 congressional lines.

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

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March 14, 1994

Opinion inquiring as to the constitutionality of H.4459, R-331, an act relating to The Hampton General Hospital of Hampton County.

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

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March 14, 1994

Opinion inquiring whether and how a referendum could be placed on the ballot which would, if passed, require the Chester County School District’s budget to be subject to the approval of the Chester County Counsel.

Requested by: The Honorable F. G. Delleney, Jr., House of Representatives, District 43

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March 10, 1994

Opinion inquiring whether the Legislative Audit Council has the statutory authority to conduct an audit of the South Carolina Public Service Authority.

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

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March 4, 1994

Opinion inquiring as to whether the legislation establishing the South Carolina Wildlife and Marine Resource Department’s licensing scheme for the use of set or channel nets violates the Equal Protection Clause of the U.S. Constitution or S.C. Constitution.

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

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March 3, 1994

Opinion regarding the constitutional validity of ordinances mandating nocturnal curfews for juveniles.

Requested by: The Honorable Carnell Murphy, Chairman, Fairfield County Council

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March 3, 1994

Opinion concerning whether a dual office holding situation exists if a County Planning Commission simultaneously serves on that county’s County Transportation Commission.

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

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March 2, 1994

Opinion inquiring as to the constitutionality of proposed House Bill 3083 under the special legislation reqtrictions of S.C. Const. Art. III, § 34, section A of which prohibits Lexington County School Distric One from undertaking construction of renovation project financed by means of lease-purchase or lease-lease back agreements.

Requested by: The Honorable W. Greg Ryberg, Senator, District 24

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March 1, 1994

Opinion inquiring as to the constitutionality of H.4570, R-302, an act providing a means to fill vacancies on the governing body of South Greenville Area Fire District.

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

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February 23, 1994

Opinion inquiring whether a person may serve simultaneously as a trustee of the Williamsburg County School Board and as a member of the Board of Social Services of Williams County, an advisory board, without violating the dual office holding prohibitions of the State Constitution.

Requested by: Ms. Lucille B. Scott

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February 23, 1994

Opinion regarding compensation of members of the Beaufort County Voter Registration Board, specifically inquiring about a situation where a member of the five-member committee had died.

Requested by: Mr. James W. Richardson, Chairman, Board of Voter Registration

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February 23, 1994

Opinion questioning whether S.C. Code Section 44-7-2120 exempts Lexington County Health Services District, Inc., from having to pay filing costs for actions of magistrates’ or circuit courts.

Requested by: James Randall Davis, Esquire, Bouknight, Nicholson, Davis, Frawley & Anderson, Attorneys at Law

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February 17, 1994

Opinion questioning the constitutionality of Senate bill 284, particularly as to the retroactive clause, concerning the annexation of municipalities by a county.

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

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February 17, 1994

Opinion questioning the constitutionality of H.4452, a bill which provides that the Beech Island Water District in Aiken County may continue to serve the areas it served as of January 1, 1993.

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

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February 17, 1994

Opinion on S.C. Code Section 23-1-215. Requested by John G. Frampton, Esquire, Summerville. Read full opinion.

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February 14, 1994

Opinion questioning the constitutionality of the nomination process for he Board of Veterinary medical Examiners as set forth in Senate Bill 258.

Requested by: Kenneth D’Vant Long, Director, South Carolina State Reorganization Commission

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February 10, 1994

Opinion inquiring whether a violator can be sentenced to jail as an alternative to a fine for exceeding the posted speed limit by less than ten miles.

Requested by: Mr. Wendal E. Jenkins, Chief of Police, City of Pickens

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Febraury 10, 1994

Opinion inquiring to the legality of collecting signatures of registered electors on petitions at the polling places on election days.

Requested by: James F. Hendrix, Executive Director, State Election Commission

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February 4, 1994

Opinion inquiring whether a police officer employed in one municipality may run for a seat on a city council in a separate municipality, located in another county, in which he resides.

Requested by: Donald N. Chadwick, Assistant Chief of Police, Blacksburg Police Department

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February 2, 1994

Opinion concerning proposed legislation S.286, which prohibits nudity, and asking multiple questions on the subject.

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

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February 2, 1994

Opinion inquiring whether South Carolina residents attending Columbia Bible College are eligible to receive assistance through the South Carolina Tuition Grants Program due to the decision of the United States Supreme Court in the case Witters v. Washington Dept. of Services for the Blind, 474 U.S. 41, 88 L.Ed.2d 846, 106 S.Ct. 748 (1986).

Requested by: Mr. Edward M. Shannon, III, Executive Director, S.C. Higher Education Tuition Grants Commission

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February 2, 1994

Opinion inquiring whether the position of Aiken County Attorney constitutes an office as contemplated be S.C. const. Art. XVII, § 1A.

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

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February 1, 1994

Opinion inquiring as to the legality of serving concurrently as the Public Defender for Dillon County on a part-time basis and on the Dillon County board of Education after the expiration of your term on the Board of Trustees of the local school district in the Latta area.

Requested by: A. LaFon LeGette, Jr., Esquire

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February 1, 1994

Opinion asking: “Must a county first attempt to collect delinquent property taxes pursuant to Section 12-51-40, et seq., before proceeding under the provisions of the Setoff Debt Collection Act?”

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

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January 31, 1994

Opinion inquiring whether a dual office holding situation exists if a member of the State Board of Education simultaneously serves as a member of the Bamberg County Economic Development Commission.

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

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January 25, 1994

Opinion concerning whether a dual office holding situation exists if members of the Florence County Visitor and Tourism Board and the Florence County Tax Appeal Board, both of which are appointed by Florence County Council simultaneously serve on the newly-created County Transportation Committee.

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

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January 24, 1994

Opinion inquiring whether pursuant to S.C. Code Section 56-7-80 a municipality may authorize, appoint and empower security personnel employed by a local community association to issue ordinance violation summons on a limited basis.

Requested by: Dennis J. Rhoad, Esquire, Attorney at Law

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January 21, 1994

Opinion asking if the disclosure provisions of S.C. Code Ann. §12-54-430(D) violate state or federal law, concerning the disclosure of information by the Department of Revenue and Taxation.

Requested by: Rick Handel, Esq, Chief, Tax Policay and Appeals Department

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January 19, 1994

Opinion asking if it is proper for a fireman to serve on a fire commission board when the commission itself has the right to hire and dismiss firemen, and if it is permissible for a person serving on a local school board to also serve on a fire commission board.

Requested by: The Honorable Robert E. Walker, Member, House of Representatives

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January 19, 1994

Opinion inquiring whether a conflict of interest would be created if an individual were to serve simultaneously as Commissioner of Whitney Area Fire District and also as Fire Chief.

Requested by: The Honorable William Douglas Smith, Member, House of Representatives

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January 18, 1994

Opinion concerning time limits associated with the collection of fines, fees and restitution imposed by the Court of General Sessions.

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

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January 14, 1994

Opinion concerning emergency type parts of equipment utilized by the Department of Highways and Public Transportation and the States choices when it comes to choosing an engineering firm to perform projects.

Requested by: The Honorable Edgar A. Vaughn, Jr., State Auditor

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January 13, 1994

Opinion requesting the S.C. Department of Transportation’s interpretation regarding Section 11-35-710(a) of the S.C. Procurement Act.

Requested by: Edwin E. Evans, Esquire, Cherie Rogers, Law Clerk

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January 12, 1994

Opinion inquiring whether you can record a release of mortgage through foreclosure, which has been executed by a master without two witnesses.

Requested by: The Honorable Cynthia B. Forte, Register Mesne Conveyance, Berkley County

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January 11, 1994

Opinion inquiring whether a blind vendor who has a license from the Commission for the Blind to operate a vending concession stand would be disqualified from serving on the governing board of the Commission for the Blind.

Requested by: The Honorable Yvonne Bradley-Offord, Member, S.C. Commission for the Blind

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January 10, 1994

Opinion questioning whether a magistrate must be a resident of the county he serves at the time of appointment and all times thereafter.

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

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January 6, 1994

Opinion asking for clarification in regards to S.C. Code Ann. §12-27-400 as amended in 1993, due to ambiguous language which does not clarify to which roads the “C funds” may be applied.

Requested by: Ronald W. McKinney, Esquire, Chairman, Greenville County

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January 6, 1994

Opinion concerning the zoning of land in York County for conservation and industrial reasons, and inquiring whether the way the land was classified is considered spot zoning.

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

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January 5, 1994

Opinion requesting clarification of S.C. Code Section 17-7-20, concerning a coroner’s role in an investigation.

Requested by: The Honorable Sue R. Townsend, S.C. Coroner’s Association

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January 5, 1994

Opinion concerning fraudulent checks, and inquiring if, in a certain situation, is it possible for a check to be construed to be exempt from being considered as fraudulent as defined by S.C. Code §34-11-60.

Requested by: The Honorable Cam Crawford, Lexington County Magistrate

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January 3, 1994

Opinion inquiring whether or not the Land Resources Conservation Commission can legally assist the local water shed districts in obtaining easements necessary for the maintenance of those districts.

Requested by: The Honorable L. Morgan Martin, Member, House of Representatives

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January 3, 1994

Opinion inquiring whether the Greenwood County Board of Education may entertain an appeal from the School District No. 50 Board of Trustees as to the holding of a referendum concerning the building of a second high school in that district.

Requested by: Stephen D. Baggett, Esquire, Greenwood County Attorney

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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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