1995 Opinions

December 28, 1995

Opinion inquiring as to whether the mayor of a town has the right to not administer the oath of office to a newly elected official because the individual has allegedly violated state laws and town ordinance.

Requested by: The Honorable Henry deS. Copeland, Mayor, Town of Ehrhardt

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December 20, 1995

Opinion inquiring as to the possibility of establishing a “special tax district” within the School District of Pickens County for purposes of capital improvements.

Requested by: W.D. Hucks, Ed.D., Superintendent, School District of Pickens County

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December 19, 1995

Asking if a coroner has a legal responsibility “to honor a request fro a Coroner’s Inquest if [you] … do not feel one is needed.”

Requested by: The Honorable Lloyd B. Ward, Coroner, Barnwell County

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December 14, 1995

Opinion concerning whether a dual office holding situation exists if members appointed by the Horry County legislative Delegation to serve as members of the Horry County Transportation Committee are simultaneously appointed by Horry County Counsel to serve on the Horry County Transportation Authority.

Requested by: The Honorable Mark S. Kelley & The Honorable Thomas G. Keegan, Members of the House of Representatives

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December 13, 1995

Opinion concerning whether a dual office holding situation exists if a sheriff’s deputy simultaneously serves as a commissioner of the Board of Fire Control of the Croft Fire District.

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

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December 13, 1995

Opinion concerning whether a dual office holding situation exists if a member of the Piedmont Technical Education Commission simultaneously serves on the Savannah Lakes Village Commission.

Requested by: Mr. Gene Beckman, Boards and Commissions, Office of the Governor

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December 12, 1995

Opinion concerning a previously written letter dated June 19, 1995 which concluded that the Court would be likely to uphold the Board of Financial Institution’s historic interpretation of South Carolina law as not authorizing conversions of State savings associations into State chartered banks.

Requested by: Mr. Louie A. Jacobs, Commissioner of Banking, State Board of Financial Institutions

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December 6, 1995

Opinion concerning several questions including the mayor’s power to run meetings, whether volunteer firefighters are considered employees of the town, if the mayor can be a volunteer firefighter, and if so can he hold an office within the fire department, and if he can hold an office, how this will affect his right as mayor to vote on issues dealing with the fire department that come before council.

Requested by: The Honorable Elza S. Spradley, Mayor of Batesburg-Leesville

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December 6, 1995

Opinion concerning whether a dual office holding situation exists if the mayor or member of council under a council-manager form of municipal government simultaneously serves as a member of the volunteer fire department and, if not, are they are allowed to hold an officer’s position, such as assistant chief or chief?

Requested by: Jonathan R. Hendrix, Esquire, Attorney for Batesburg-Leesville

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December 6, 1995

Opinion concerning the handling of mental health patients, specifically in their transportation to facilities in Anderson and Charleston, and inquiring as to how the situation best be handled in consideration of the safety of deputies and patients.

Requested by: The Honorable W. Glenn Campbell, Sheriff, Darlington County

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December 5, 1995

Opinion inquiring as to how the length of time is determined before an inmate who is denied parole can become re-eligible, specifically concerning the case of Tellis Edwards, who had been convicted of Grand Larceny, Housebreaking, and plead guilty to Manslaughter.

Requested by: Jack Sinclaire, Esquire, Deputy Solicitor, Ninth Judicial District

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December 5, 1995

Opinion inquiring whether it is legal for a constituent to be an agent for the garage man (for payment of a fee) to help obtain a title to the car that the garage man is holding for the non-payment of a bill, even if the constituent is not an attorney.

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

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December 4, 1995

Opinion concerning Yolanda M. Simmons, and inquiring whether S.C. Code of Laws 17-25-323 and 17-25-325 may be applied to court orders for restitution, $8719.00, which preceded the effective date of the statutes and force Ms. Simmons to continue paying the restitution beyond the $5000.00 she had paid to date.

Requested by: The Honorable David P. Schwacke, Solicitor, Ninth Judicial Circuit

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November 30, 1995

Opinion asking whether and under what circumstances a hospital can waive the co-payments and deductibles that otherwise would be due from patients covered by various health benefit plans.

Requested by: James Randall Davis, Esquire

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November 29, 1995

Opinion questioning whether residents of places that are providing nursing home or community residential care facility services without a license are “vulnerable adults” as defined in Section 43-35-10(10) and should be provided “protective services” as defined in Section 43-35-10(9). Also, questioning whether the Adult Protective Services Program has the authority and duty to take custody of adults who are residents of facilities that DHEC has determined are required to be licensed as a nursing home or a community residential care facility but are not entitled to such licensure.

Requested by: William T. Bilton, Chairman, Adult Protection Coordinating Council

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November 28, 1995

Opinion concerning whether a member of the Charleston County Library Board would be considered an office of honor or profit for purposes of dual office holding.

Requested by: Ms. Carol N. Ward

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November 27, 1995

Opinion regarding whether the Department of Health and Environmental Control (DHEC) can constitutionally promulgate certain regulations related to abortion clinics.

Requested by: The Honorable Michael T. Rose, Senator District 38; The Honorable James S. Klauber, Member, House of Representatives

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November 27, 1995

Opinion relating to the extent imposed upon teachers and the immunity afforded a teacher in questioning a student suspected in having been subjected to abuse or neglect.

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

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November 21, 1995

Opinion asking for the review of certain differences in the amount paid for traffic violations, depending upon whether the offense is committed in the City of Florence or in the unincorporated area of Florence County.

Requested by: The Honorable Joe Wilson, Senator District 23

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November 20, 1995

Opinion asking for the review of certain information in the July 1995 issue of Crime to Court, noting that the issue cites a recent case, McCabe v. Town of Lynn, 875 F.Supp. 53 (D. Mass. 1995).

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

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November 15, 1995

Opinion asking: if, as part of ongoing contractual negotiations between the Department of the Navy and the South Carolina Hunley Commission, the Navy releases the coordinates of the location of the sunken submarine, H.L. Hunley, only to the Hunley Commission, would such coordinates then become public information?

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

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November 15, 1995

Opinion seeking as to whether the marketing techniques employed by Excel Telecommunications, a long-distance telephone company, may be violative of the South Carolina Unfair Trade Practices Act as that act relates to pyramid clubs.

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

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November 15, 1995

Opinion clarifying S.C. Code Ann. §23-11-110 (1994 Cum. Supp.), as to when candidates for the office of sheriff must submit their fingerprints and affidavits concerning qualification to hold the office of sheriff.

Requested by: Debra Covington, Legislative/Research Asst., South Carolina Sheriffs’ Association

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November 9, 1995

Opinion asking whether a “registered nurse may pronounce a patient dead in lieu of the physician or coroner during the night.”

Requested by: Ann F. Flynn, R.N. Director of Education, Marion Memorial Hospital

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November 6, 1995

Opinion seeking as to whether Orangeburg County School District One would be compelled to pay for legal expenses incurred by the Orangeburg County Election Commission which resulted from a ruling rendered by the Orangeburg County Election Commission in a recent run-off school board election.

Requested by: John E. Tindal, Superintendent of Schools, Orangeburg School District No. 1

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November 6, 1995

Opinion concerning S.C. Code Ann. Sec. 56-1-2010 et seq., driving with a measurable amount of alcohol in one’s body.

Requested by: Corporal Gary W. Lee, State Transport Police Division, South Carolina Department of Public Safety

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November 1, 1995

Opinion asking whether there is any absolute prohibition to the Edgefield County Magistrate waiving a portion of his salary as magistrate in order to save the county money and for retirement purposes.

Requested by: The Honorable Frances P. Smith, Edgefield Count Magistrate

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October 30, 1995

Opinion requesting advice as to the applicability of S.C. Code Ann., §59-19-250 (1976) to Lexington County School District Four.

Requested by: The Honorable Joe Wilson, Senator, Lexington County

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October 30, 1995

Opinion concerning various issues related to the problem of how an annexation to a municipality may proceed if sufficient numbers of property owners cannot be located to sign an annexation petition and asking that the problem of signatures relative to “heirs property” be addressed.

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

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October 30, 1995

Opinion clarifying the powers of the State Fire Marshal within local municipalities and concerned about your enforcement powers within state-owned structures and your scope of responsibility.

Requested by: John G. Reich, Fire Marshal, Bureau of Fire Prevention

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October 30, 1995

Opinion concerning whether a dual office holding situation exists if a member of the Newberry County Transportation Committee simultaneously serves as a member of the Jesse Frank Hawkins Nursing Home Board of Commissioners.

Requested by: Jeff Jefcoat

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October 27, 1995

Opinion relating to property, casualty and title insurance and contains certain definitions regarding the adequacy of premium rates would be applicable to automobile insurance.

Requested by: The Honorable Elsie Rast Stuart, Member, House of Representatives

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October 27, 1995

Opinion asking: when a South Carolina Fugitive is arrested in another state and is to be extradited back to South Carolina on a State warrant for a felony charge that carried a sentence of more than one year, what Law Enforcement agency is responsible for that Extradition and the cost involved?

Requested by: W.S. Hanks, Chief of Police, Honea Path Police Department

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October 26, 1995

Opinion asking whether the South Carolina Retirement System is correctly calculating the amount of compensation upon which retirement compensation is based.

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

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October 25, 1995

Opinion concerning the legality of making a left turn in the business district in order to park in on-street angle parking.

Requested by: G. Allan Thurman, Chief of Police, Chesterfield Police Department

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October 25, 1995

Opinion concerning occasions when members of this Office receive requests to transport individuals arrested by private security guards and what is the Office’s true responsibility, if any, in these situations.

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

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October 24, 1995

Opinion concerning a judges ability to amend warrants and/or tickets.

Requested by: The Honorable Mickey Burriss, Richland County Magistrate

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October 23, 1995

Opinion concerning whether a dual office holding situation exists if a member of the Charleston County Library Board simultaneously serves on the State Board of Education.

Requested by: Carol N. Ward

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October 23, 1995

Opinion concerning the requirement in this State that one’s Social Security number be furnished by an individual desiring to register to vote.

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

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October 20, 1995

Opinion evaluating who may bind the State in negotiations with the Navy.

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

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October 18, 1995

Opinion referencing a proposed Horry County Ordinance regulating public nudity.

Requested by: John P. Henry, Esquire

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October 18, 1995

Opinion asking for the review of certain information in the July 1995 issue of Crime to Court, noting that the issue cites a recent case, McCabe v. Town of Lynn, 875 F.Supp. 53 (D. Mass. 1995).

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

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October 18, 1995

Opinion regarding the processing and service of warrants at the Oconee County Detention Center.

Requested by: Chief Broadus E. Albertson, Walhalla Police Department

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October 17, 1995

Opinion asking can a municipality require Red Dot/ABC Stores to carry a local business (privilege) license for revenue generated from beer and wine sales and can a municipality require a party store selling only beer and wine to carry a local business license.

Requested by: Ms. Charlotte Grassman, Business License Administrator

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October 17, 1995

Opinion concerning the authority of the City of Beaufort with respect to charging fees for the operation of video games machines.

Requested by: Ms. Charlotte Grassman, Business License Administrator

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October 16, 1995

Opinion concerning whether a dual office holding situation exists if a member of the Cherokee County Development Board simultaneously serves on the City of Gaffney Planning and Zoning Commission.

Requested by: H. Fulton Ross, Jr., Gaffney City Attorney

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October 16, 1995

Opinion questioning Cherokee County’s obligation for the payment of salary and the provision of employment benefits to a magistrate who is unable to perform his official duties because of physical disability.

Requested by: Michael T. Brittingham, Esquire, Attorney for Cherokee County

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October 13, 1995

Opinion regarding the Governor’s authority to suspend the Georgetown County Superintendent of Education and the Georgetown County Assistant Superintendent of Education, who were both recently indicted for Failure to Report to Law Enforcement and common law misconduct.

Requested by: Angelia S. Tutko, Legal Counsel, Office of the Governor

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October 10, 1995

Opinion asking whether the promotional material which is being used by a company to promote its long-distance telephone service is legal under South Carolina law.

Requested by: The Honorable William C. Mescher, Senator District 37

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October 9, 1995

Opinion regarding the City of Lancaster’s numerous requests for information under the Freedom of Information Act.

Requested by: Philip E. Wright, Esquire, Lancaster City Attorney

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October 9, 1995

Opinion concerning whether a dual office holding situation exists if a duly elected commissioner simultaneously serves as a voluntary officer/fire-fighter.

Requested by: The Honorable Harold Jenkins, Chairman, Piedmont Park Fire District Commission

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October 4, 1995

Opinion regarding the blue laws status of a business which is divided by two counties, with one county recognizing state blue laws while the other county has relaxed blue laws.

Requested by: The Honorable John Milton Knotts, Jr., Member of House of Representatives

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October 4, 1995

Opinion concerning the dissemination of social security numbers which appear in documents in the office of the Clerk of Court.

Requested by: Nancy Bloodgood, Esquire, Deputy County Attorney, County of Charleston

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October 2, 1995

Opinion regarding as to whether a right of way, specifically a right of way which the State of South Carolina has on either side of a road, causes that property which is otherwise deeded to a private property owner to become public property.

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

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October 2, 1995

Opinion inquiring as to what state agency is responsible for monitoring the eight and fifteen percent debt limitations for the various political subdivisions of the State of South Carolina.

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

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October 2, 1995

Opinion concerning that the form of government in Springfield is mayor-council and that the member of council has no authority for Town decisions and expenditures without the approval of the Mayor.

Requested by: The Honorable Kathleen Fanning, Mayor, Town of Springfield

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September 28, 1995

Opinion concerning the possibility of the operation of an illegal lottery in South Carolina.

Requested by: The Honorable Joe Wilson, Senator District 23

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September 28, 1995

Opinion questioning how an annexation could proceed if sufficient numbers of the owners of property cannot be located to sign an annexation petition.

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

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September 28, 1995

Opinion regarding the disposing of bodies of indigent individuals.

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

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September 27, 1995

Opinion concerning the constitutionality of State money being spent on the newly established South Carolina Institute of Leadership for Women at Converse College.

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

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September 26, 1995

Opinion regarding Sections 44-29-100 and 44-31-320 of the South Carolina Code of Laws, specifically medically examining inmates for sexually transmitted diseases.

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

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September 22, 1995

Opinion asking whether the Newberry County Recreation Commission could donate Newberry County tax dollars to religious groups such as the Y.M.C.A.

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

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September 22, 1995

Opinion regarding the question of when the name of a juvenile can be released to the public, including the media.

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

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September 22, 1995

Opinion concerning South Carolina’s anti-stalking law “as it pertains to licensed private investigators in the process of doing their jobs.”

Requested by: The Honorable John Milton Knotts, Jr., Member of House of Representatives

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September 22, 1995

Opinion concerning as to whether the Fripp Island Public Service District would have the authority to adopt, as part of its water regulations, a requirement that all newly constructed residences within the Fripp island Public Service District be required to have sprinkler systems.

Requested by: Michael L. M. Jordan, Esquire

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September 22, 1995

Opinion concerning a request to provide copies of all fire incident reports filed with the James Island Public Service District Fire Department to an individual who has indicated that he will use the information to solicit insurance business.

Requested by: Mitzi Grove Ball, Esquire, Attorney for James Island Public Service District

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September 21, 1995

Opinion concerning the Department of Natural Resources’ interpretation of S.C. Code Ann. § 27-16-120(E) (1994 Supp.) which deals with hunting and fishing licensure.

Requested by: Buford S. Mabry, Jr., Chief Counsel, South Carolina Department of Natural Resources

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September 20, 1995

Opinion questioning who is responsible for paying the costs of disposal of the solid waste of the Town of Allendale, given the language of §44-96-80(J).

Requested by: J. Martin Harvey, Esquire

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September 20, 1995

Opinion concerning two prospective appointments to be made by the Horry County Legislative Delegation, in concert with other county delegations.

Requested by: The Honorable Dick F. Elliott, Senator, District No. 28

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September 15, 1995

Opinion concerning whether the Director of the Department of Labor, Licensing, and Regulation (LLR) exceeded his statutory authority when he refused to authorize travel at state expense for a member of the S.C. State Board of Dentistry.

Requested by: Roxanne D. Wilson, Member, South Carolina State Board of Dentistry, Department of Labor, Licensing and Regulation

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September 14, 1995

Opinion asking whether a county school superintendent can continue to serve upon indictment for common law misconduct in office.

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

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September 14, 1995

Opinion seeking as to the meaning of the phrase “resident freeholder” as used in S.C. Code Ann. §§5-3-240 and 5-3-280 (1976 & 1994 Cum. Supp.).

Requested by: The Honorable Greg Smith, Senator, District No. 34

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September 13, 1995

Opinion advising that the Aiken County Legislative Delegation used paper ballots to elect the chair and vice chair of the Delegation and concerning whether this violates the Freedom of Information Act.

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

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September 12, 1995

Opinion noting that S.C. Code Ann. Section 56-5-4160(D) specifies the procedure for payment of overweight vehicle penalties.

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

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September 12, 1995

Opinion seeking as to whether certain expenditures of public funds by South Carolina State University might meet the “public purpose” test as required by Article X, Section 5 of the Constitution of the State of South Carolina.

Requested by: Leroy Davis, Interim President, South Carolina State University

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September 5, 1995

Opinion concerning the legality of parents’ releasing their children for religious instructions during study halls, and elective and exploratory class time.

Requested by: The Honorable Joe Wilson, Senator, Lexington County

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September 5, 1995

Opinion attempting to determine if the proposed putt –putt course and golf hole would constitute an illegal lottery, illegal gambling, or both.

Requested by: J. Gregory Hembree, Esquire

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August 30, 1995

Opinion concerning whether § 16-1-57 applies to third or subsequent convictions of § 34-11-60, drawing or uttering a fraudulent check.

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

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August 30, 1995

Opinion regarding the validity of service of a facsimile copy of an arrest warrant.

Requested by: W. S. Hanks, Chief of Police, Honea Path Police Department

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August 29, 1995

Opinion seeking additional information on the August 17, 1995 opinion concerning the legality of parents’ releasing their children for religious purposes and/or instructions during study halls, electives and exploratory class time.

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

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August 28, 1995

Opinion concerning a hospital’s obligation in treating inmates from correctional facilities for emergencies.

Requested by: W.C. Coffey, Jr., Esquire

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August 18, 1995

Opinion concerning whether an elementary school student has a right, Under the First Amendment of the United States Constitution, to distribute anti-abortion material at his school.

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

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August 18, 1995

Opinion asking whether S.C. Code Ann. § 44-53-370(d) (i) and (ii) has been repealed by Section 36 of Act No. 497 of 1994.

Requested by: Lieutenant Keith Lewis, Fairfield County Multijurisdictional Drug Task Force

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August 17, 1995

Opinion concerning the legality of parents’ releasing their children for religious instructions during study halls, and elective and exploratory class time.

Requested by: The Honorable Joe Wilson, Senator, District 23, Lexington County

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August 17, 1995

Opinion regarding the authority of a court appointed Guardian ad Litem to seek the assistance of a private investigator in an abuse or neglect proceeding initiated by the South Carolina Department of Social Services.

Requested by: Ms. Sylvia Lynn Gillotte, Esquire, Division of Guardian ad Litem Programs

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August 16, 1995

Opinion concerning plans for the Carolina Corporate Credit Union (CCCU) to convert to a federal charter and merge with an out-of-state credit union.

Requested by: Mr. Louie A. Jacobs, Commissioner of Banking, State Board of Financial Institutions

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August 15, 1995

Opinion concerning problems Union County Sherriff’s Office is having with young people parking in the Wal-Mart parking lot after hours.

Requested by: Captain Roger W. Gregory, Union County Sherriff’s Office

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August 14, 1995

Opinion concerning whether S.C. Code Ann. §4-9-1210 could be utilized to have repealed Ordinance No. 95-5-11 adopted by Berkeley County Council, which ordinance concerns the regulation of the use of public and private water distribution systems and wastewater collection, treatment, and disposal systems.

Requested by: The Honorable Sandi S. Wofford, Member, House of Representatives

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August 14, 1995

Opinion concerning whether Act No. 54 of 1995 (S.46, R-93) would apply to a church organization commonly called “Mothers Morning Out” on a strictly part-time basis, staffed by women of the church, operated only occasionally, for three or so hours at a time.

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

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August 14, 1995

Opinion concerning whether the City of Florence can transfer jurisdiction of criminal cases to the Florence County Magistrate’s Court in lieu of continuing to handle these cases in Municipal Court.

Requested by: Ralph R. Porter, Chief of Police, City of Florence

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August 14, 1995

Opinion concerning a specific factual situation where a car was allegedly stolen from Honea Path and taken to Washington D.C. The opinion addresses whether there would be a sufficient case for grand theft auto against a person who was found in the car.

Requested by: W.S. Hanks, Chief of Police, Honea Path Police Department

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August 14, 1995

Opinion concerning “what is legal or proper in handling funds generated from a canteen and telephone within [the Saluda County] jail facility.”

Requested by: Mr. Donald B. Grooms, Jail Administrator, Saluda County

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August 14, 1995

Opinion concerning whether and under what circumstances a hospital can waive the co-payments and deductibles that otherwise would be due from patients covered by various health benefit plans.

Requested by: James Randall Davis, Esquire

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August 14, 1995

Opinion reviewing Op. Att’y Gen. No. 93-45 to determine whether the conclusion reached therein may have changed in the years since the opinion was issued.

Requested by: Jeff M. Anderson, Esquire, Lexington County Attorney

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August 14, 1995

Opinion concerning the continued viability of S.C. Code Ann. §39-55-15 et seq.

Requested by: J. Christian Adams, General Counsel, Office of the Secretary of State

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August 10, 1995

Opinion concerning whether it would be legal for the City of Laurens to adopt an ordinance which would preclude the private sector from handling any aspect of trash and/or waste pickup and disposal, and therefore require all residents and/or businesses within the municipal limits of the City of Laurens to deal with the City’s sanitation department.

Requested by: Thomas J. Thompson, Esquire, City Attorney, City of Laurens

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August 10, 1995

Opinion concerning whether an officer commissioned by Newberry County would be considered an officer for dual office holding purposes.

Requested by: The Honorable James Lee Foster, Sherriff of Newberry County

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August 9, 1995

Opinion concerning whether South Carolina Code § 61-9-315 prohibits a licensed soft drink wholesaler, who also holds a beer wholesaler’s license, from providing cooling or other refrigeration equipment to a retailer under certain circumstances.

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

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August 8, 1995

Opinion concerning whether South Carolina is in compliance with the Violence Against Women grant requirements as set forth in P.L. 103-322 which is part of the Violent Crime Control Act of 1994.

Requested by: Mr. David Barden, Assistant Director, Department of Public Safety

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August 7, 1995

Opinion offering advice as to several issues related to “letters of intent” concerning the issuance of bonds generally and particularly as to the Newberry County School District.

Requested by: The Honorable James A. Lander, Senator, District No. 18

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August 7, 1995

Opinion concerning whether Chester County Council may repeal Act No. 190 of 1945, relative solely to the Forfeited Land Commission in Chester County, so that Chester County may be governed by S.C. Code Ann. § 12-59-10 et seq. concerning forfeited land commissions generally.

Requested by: The Honorable Greg Delleney, Jr., Member, House of Representatives

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August 7, 1995

Opinion advising that the Clinton County Democratic Club formerly ran the city democratic primaries, but since the primaries are now state-run, there is no longer a need for the Club. The Club currently has a small amount of money left in its account and would like to know if it can donate these funds to the Laurens County Democratic Party.

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

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August 2, 1995

Opinion regarding the eligibility of foreign corporations to serve as trustees under trusts created by corporate and individual citizens of South Carolina.

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

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July 19, 1995

Opinion concerning whether a dual office holding situation exists if a Commissioner of the Greenville Water System simultaneously serves as Executive Director of the Donaldson Development Commission in Greenville.

Requested by: The Honorable Vardry D. Ramseur III, Commissioner, Greenville Water System

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July 19, 1995

Opinion seeking the meaning of certain language in S.C. Code Ann. §44-7-325(A), relating to health care providers charging fees for the search and duplication of medical records.

Requested by: The Honorable Glenn F. McConnell, Senator District 41

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July 19, 1995

Opinion regarding the interpretation of S.C. Code Ann. Section 56-5-765 which deals with accidents involving police vehicles.

Requested by: David M. Bridges, Chief of Police, City of Greenville Police Department

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July 13, 1995

Opinion seeking to a revision to S.C. Code Ann. §23-28-70 which was adopted by the General Assembly during the 1995 legislative session.

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

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July 13, 1995

Opinion addressing four questions concerning dual office holding and conflict of interest.

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

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July 10, 1995

Opinion concerning the detaining of an accused without a criminal charge or offense being lodged against the accused at the time of booking.

Requested by: The Honorable Roderick M. Todd, Jr., Associate Municipal Judge, Municipal Court of Camden County

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July 5, 1995

Opinion concerning the jurisdiction of magistrates in criminal matters beyond their jurisdiction to try.

Requested by: The Honorable Jack I. Guedalia, Charleston County Magistrate

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July 3, 1995

Opinion asking the ramifications of the Double Jeopardy Clause (U.S Const. Art. V; South Carolina Const. Art. I Sec. 12) where a defendant is tried in federal court for carjacking and acquitted, and the State tried to try the same defendant for kidnapping and murder.

Requested by: The Honorable Bill Coffey, Sheriff, Spartanburg County

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June 30, 1995

Opinion asking: if a person owns four or five separated tracts of land in the petitioning area, can that person sign the petition four or five times and be counted as four or five freeholders in order to reach the 75% requirement?

Requested by: John P. Mann, Sr., Esquire

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June 28, 1995

Opinion inquiring as to the proper procedures for Pickens County Council to follow in regards to several situations involving the Freedom of Information Act and possible dual office holding violations.

Requested by: G. Edward Welmaker, Esquire

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June 28, 1995

Opinion questioning when emergency medical personnel that are trained to take blood samples are present, is an ambulance considered a licensed medical facility as it relates to Section 56-5-2950 of the S.C. Code of Laws?

Requested by: David G. Deering, Captain, South Carolina Department of Public Safety, Highway Patrol-District 7

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June 28, 1995

Opinion concerning whether a dual office holding situation exists if a deputy coroner simultaneously serves as a member of county council.

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

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June 22, 1995

Opinion concerning the effect of the General Assembly’s 1994 repeal of Subsection (c) of Section 23-31-120; the repeal deleted judicial review of the denial of a concealed weapon permit. The opinion addresses whether or not there still existed some type of judicial review, by common law.

Requested by: Captain Joseph A. Holley, South Carolina Law Enforcement Division

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June 21, 1995

Opinion addressing issues the Blackville Chief of Police is having regarding the transportation of mental patients that are outside his jurisdiction.

Requested by: Harold D. Sims, Chief of Police, Blackville Police Department

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June 21, 1995

Opinion asking what happens when magistrates fail to pass the test for their certification.

Requested by: The Honorable R.L. McElveen, Magistrate, Lake City District

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June 21, 1995

Opinion regarding the responsibility for costs for transportation of a body from the death scene to the local hospital morgue for autopsy or medical examination.

Requested by: The Honorable Karl E. Addis, Oconee County Coroner

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June 19, 1995

Opinion concerning whether a State chartered savings and loan association may convert its charter to a state chartered bank.

Requested by: Louie A. Jacobs, Commissioner of Banking, State of South Carolina Board of Financial Institutions

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June 19, 1995

Opinion concerning various issues surrounding the Greenville Memorial Auditorium and the proposed Greenville Arena.

Requested by: The Honorable Harry F. Cato, Member, House of Representatives

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June 16, 1995

Opinion regarding whether a member of the board of directors of a 501(c) corporation is required to refrain from voting to appoint an executive director where one of the candidates for the position is the husband of the board member.

Requested by: The Honorable Kenneth Kennedy, Member, House of Representatives

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June 13, 1995

Opinion asking how best to dispose of weapons which have been previously confiscated “for various offenses that occur within the unincorporated areas of Horry County.”

Requested by: The Honorable John T. Henry, Jr., Sheriff, Horry County

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June 12, 1995

Opinion concerning whether, pursuant to Act No. 595 of 1980 or any subsequent amendments thereto, a non-resident of Clarendon County, South Carolina, may serve on the Clarendon County Hospital District Board of Trustees.

Requested by: The Honorable W. Jeffrey Young, Member, House of Representatives

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June 12, 1995

Opinion seeking as to the legal procedure involved in dissolving a nonprofit organization.

Requested by: The Honorable Clyde Smith, Mayor, Town of Monetta

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June 12, 1995

Opinion concerning whether a dual office holding situation exists if a member of the Springfield Town Council simultaneously serves as police chief of the Town, uncompensated other than having workers compensation coverage provided.

Requested by: The Honorable Steven V. Morrone, Member, Springfield Town Council

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June 12, 1995

Opinion inquiring whether the Invitations and Memorial Resolutions Committee of the South Carolina House of Representatives may conduct a meeting with less than twenty-four hours’ notice having been given.

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

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June 9, 1995

Opinion concerning whether the Lexington County Clerk of Court must follow Lexington County’s purchasing procedures to expend funds commonly referred to as “IV-D” funds, received pursuant to contract with the South Carolina Department of Social Services.

Requested by: The Honorable Thomas H. Comerford, Clerk of Court of Lexington County

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June 2, 1995

Opinion asking whether the Commission may disclose that an individual student attended a college or university prior to enrolling at another public college as a purportedly first time freshman and whether the Commission may release information about students to the Southern Regional Education Board (SREB) for purposes of research?

Requested by: John E. Smalls, Associate Commissioner, S.C. Commission on Higher Education

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June 2, 1995

Opinion asking whether state law exempting municipal elections from S.C. Code Ann § 7-13-35 applies only to giving two notices, or whether it also applies to at least sixty (60) days’ notice being given before a municipal election.

Requested by: John M. Milling, Esquire

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June 2, 1995

Opinion questioning the applicability of provisions of Act No. 435 of 1994, the “safe Cremation Act” to bodies and/or body parts held by anatomy departments of medical schools in this state.

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

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May 31, 1995

Opinion asking a number of questions concerning the legality of certain activities that were orchestrated by various school district administrators in an effort to arouse opposition to the education portion of the Annual Appropriations Bill that was being considered by the South Carolina House of Representatives.

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

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May 31, 1995

Opinion asking a number of questions concerning the legality of certain activities that were orchestrated by various school district administrators in an effort to arouse opposition to the education portion of the Annual Appropriations Bill that was being considered by the South Carolina House of Representatives.

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

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May 24, 1995

Opinion concerning whether a dual office holding situation exists if a member of the local Foster Care Review board simultaneously serves on the local Board of Assessment Appeals.

Requested by: The Honorable Glenn F. McConnell, Chairman, Charleston County Joint Legislative Delegation

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May 24, 1995

Opinion inquiring whether it is proper for a commissioner of the Croft Fire District to reject a proposed budget as written by the Fire Chief and inform the Chief that the Commissioner will write the budget himself.

Requested by: The Honorable Carole C. Wells, Member, House of Representatives

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May 24, 1995

Opinion inquiring whether an amendment to S.C. Code Ann. Section 16-1-60 (1994) now “…eliminates the consideration of crimes committed in other states or against the federal law, even though the elements of those crimes might be the same as South Carolina violent crimes?”

Requested by: William E. Gunn, Director, Department of Probation, Parole, and Pardon Services

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May 24, 1995

Opinion concerning whether a dual office holding situation exists if a member of the South Carolina House of Representatives simultaneously serves as the interim Economic Developer/Director of the Lancaster County Economic Development Corporation.

Requested by: The Honorable William D. Boan, Member, House of Representatives

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May 24, 1995

Opinion concerning a letter forwarded to the Attorney General’s Office by Henry L. Deneen, Chief Legal Counsel for Governor Beasley on the topic of dual office holding and the South Carolina Constitution.

Requested by: Broadus E. Albertson, Chief, Walhalla Police Department

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May 23, 1995

Opinion seeking clarification regarding the legality of an agreement between the Town of Kiawah Island and the Kiawah Island Community Association, Inc. which provides for the issuance of an ordinance summons by the Community Association’s security force for violations of the Town’s ordinances on the beach between the High-tide line and the low-tide line.

Requested by: Dennis J. Rhoad, Esquire, Kiawah Island Town Attorney

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May 19, 1995

Opinion inquiring whether the town of Hampton may go onto private property, close one drainage ditch, and dig another drainage ditch (it is stated that the town has been granted a release to do so in the past).

Requested by: The Honorable John B. Rhoden, Mayor, Town of Hampton

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May 19, 1995

Opinion inquiring whether a majority owner of a corporation could draw unemployment income when his corporation does not make a profit and therefore cannot pay him a salary. And, if not, then whether the cooperation’s payment formula is reduced by a fair portion of the salary that is paid to the owner during profitable times.

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

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May 16, 1995

Opinion asking for a review of a policy adopted by the Denmark Technical College Area Commission regarding public participation in its commission meetings, specifically inquiring if it falls within the guidelines and parameters of the Freedom of Information Act.

Requested by: The Honorable Wilda J. Robinson, Chairperson

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May 16, 1995

Opinion asking “Does the appointment by a county legislative delegation of a county council to serve as the County Transportation Committee under the provisions of S.C. Code Ann. §12-27-400, as amended, violate any constitutional or statutory provision or common law principal?”

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

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May 15, 1995

Opinion regarding the May 2, 1995 election in Florence for Mayor and two at-large city council seats, after which four candidates for city council filed notice of protest because of a contest which arose during the counting of ballots.

Requested by: James W. Peterson, Jr., Esquire, Attorney for City of Florence

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May 11, 1995

Opinion concerning the constitutionality of the requirement that the surviving spouse of a deceased Judge or Solicitor is entitled to certain retirement benefits of his or her deceased spouse, provided the surviving spouse does not remarry.

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

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May 10, 1995

Opinion asking several questions regarding the regulation of “topless” dancing.

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

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May 8, 1995

Opinion asking if the RMC Office may charge an attorney or member of the public thirty-two cents for postage to return an incorrectly executed document, or for the envelope and staff time needed. Also, if the RMC Office may take part in a computer access program whereby, for a fee, public information already available at the Office is transmitted by modem to private offices, with the fees collected going to the County’s general funds.

Requested by: The Honorable Charlie Lybrand, Register, Mesne Conveyances

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May 8, 1995

Opinion asking (1) “Does a judge have the authority to sentence an individual to a program which a local detention facility does not have?” (2) “Is a jail administrator or sheriff required to operate a program which is not consistent with good security practices?” (3) “Can a judge mandate to a local government entity that it must establish a program which is not specifically required by state statute?”

Requested by: Mark Fitzgibbons, Director, Detention Center

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May 8, 1995

Opinion seeking advice on what procedures to follow or steps to take to remedy the situation with respect to funding for the Veterans’ Affairs Office for McCormick County, which was cut in half, despite a budget being submitted and no other county agencies’ budgets being cut.

Requested by: Curtis E. Baggett, Veterans’ Service Officer

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May 3, 1995

Opinion inquiring whether legislative acts relative to three fire districts in Spartanburg County allow for volunteer fire departments to hire and compensate full-time paid employees.

Requested by: The Honorable Lanny F. Littlejohn, Member, House of Representatives

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May 3, 1995

Opinion asking for guidance as to the general law regarding service of process in an ejectment action.

Requested by: The Honorable Carolyn R. Hills, Horry County Magistrate

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May 1, 1995

Opinion inquiring as to whether monies and proceeds from the sale of a vehicle which was forfeited as property associated with a drug case should be placed into the account associated with the agency to be utilized for drug enforcement purposes, as stated in S.C. Code Ann. Section 44-53-530(g) (Supp. 1993).

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

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May 1, 1995

Opinion regarding an amendment to Act No. 7 of 1995, S.C. Code Ann. §16-1-57 (Supp. 1994), and whether the change provided by §16-1-57, as amended, applies to shoplifting cases formerly within the municipal court’s jurisdiction. If so, does the jurisdiction of shoplifting, third offense or subsequent, now revert to general sessions court regardless of the dollar amount?

Requested by: Joe Matlock, City Solicitor, Rock Hill Municipal Court

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April 26, 1995

Opinion asking whether conditioning the defendant’s right to a jury trial upon the posting of a cash bond might have a “chilling effect” upon the defendants right to a jury trial.

Requested by: The Honorable I. A. Smoak, III, Walterboro Municipal Judge

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April 21, 1995

Opinion asking a number of questions concerning the operation of municipal court, on the topics of the statute of limitations for warrants, additional charges brought against a person for failure to appear, how a defendant is to be notified if a person is absent at a trial, what the time limit is to request a jury trial, if a bench warrant can be issued for failure to appear, and if rehabilitation may be prescribed by the judge.

Requested by: The Honorable Robert K. Whitney, Municipal Court Judge, City of Westminster

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April 21, 1995

Opinion concerning whether a dual office holding situation exists if a member of the Board of Visitors of the Citadel simultaneously serves as a member of the Abbeville County Historic Preservation Commission.

Requested by: The Honorable John A. McAllister, Jr., Member, The Citadel Board of Visitors

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April 21, 1995

Opinion regarding the interpretation of the statutory provisions relating to salary increases for Probate judges and Magistrates.

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

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April 20, 1995

Opinion inquiring whether tax monies collected for equalization purposes among the School Districts of Spartanburg County may be used by the County Board of Education (County Board) for any purpose other than equalization.

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

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April 19, 1995

Opinion asking (1) Under what specific “certain circumstances” may the County Council alter boundaries of the District or cause its merger? (2) What procedures would be required prior to carrying out such a merger? (3) Would residents of the Irmo Chapin recreation District have the opportunity to vote on this matter relative to any alteration of boundary or merger?

Requested by: Jerry A. Miller, Executive Director, Irmo Chapin Recreation Commission

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April 19, 1995

Opinion inquiring whether a manufactured canister of pepper spray, which is commonly marketed for self defense, could be considered a weapon pursuant to S.C. Code Ann. Section 16-23-430.

Requested by: Jeffrey M. McWhorter, Director of Public Safety, Berkley County School District

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April 18, 1995

Opinion regarding the question of whether a local insurance company would be permitted to hire off-duty deputy sheriffs to serve arrest warrants for fraudulent checks.

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

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April 13, 1995

Opinion inquiring whether a municipality may transfer some or all of its authority to conduct municipal election to the county election commission if the municipality does not conduct its elections at the time of the general election. If a municipality may do so, what is the scope of the authority that may be transferred?

Requested by: Emil W. Wald, Esquire, City Attorney, City of Rock Hill

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April 13, 1995

Opinion inquiring as to (1) the permissibility of an officer taping the conversation between himself and a subject he encounters either as a part of a stop, investigation, or arrest, (2) the admissibility of such tape-recorded statements in a subsequent prosecution of the subject, (3) the applicability of Miranda to this situation.

Requested by: Joe L. Rogers, Chief of Police, Dillon Police Department

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April 12, 1995

Opinion asking if a piece of land sold by the county to pay $50 for the taxes due on that property, but the county sells the land for $500, where does the excess amount go?

Requested by: The Honorable Dewitt Williams, Member, House of Representatives

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April 10, 1995

Opinion regarding the effect of the Criminal justice Reform Act of 1994 on certain responsibilities concerning pre-trial detention upon arrest of individuals under the age of 17 years who are charged with crimes classified as A, B, C, or D felonies.

Requested by: Mr. Jeffrey B. Moore, Executive Director, S.C. Sheriff’s Association

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April 10, 1995

Opinion inquiring whether a licensed beer wholesaler may furnish equipment to the holder of a retail beer permit, considering the “three tier” beer law.

Requested by: The Honorable Ronald C. Fulmer, Member of the House of Representatives

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April 10, 1995

Opinion inquiring as to the constitutionality of the bill H.3300 which requires local Sheriffs and Police Departments to post a notification of all sex offenders living in the area.

Requested by: The Honorable Ronald N. Fleming, Member, House of Representatives

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April 10, 1995

Opinion asking “Does the word ‘compensation’ in S.C. Code Section 30-4-40(6) mean ‘total 12-month pay’ or ‘contracted salary’?” (Specifically in reference to the President of Coastal Carolina University’s wishes to release his employees’ salary information.)

Requested by: Edgar Dyer, University Counsel, Coastal Carolina University

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April 7, 1995

Opinion asking if a 17 year-old could be charged with violation of S.C. Code Ann. Section 20-7-380 where there is evidence that the individual had been drinking when the officer stopped the vehicle, no one else was in the car, and, subsequently, during a routine inventory of the automobile, liquor was discovered in the trunk.

Requested by: Elizabeth Berry, Chief of Police, Town of Pine Ridge

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April 6, 1995

Opinion concerning S.C. Code Ann. Sec. 16-23-420 which proscribes the carrying or displaying of firearms in public buildings or areas adjacent thereto, and asking, “What areas are considered an adjacent area? Do parking lots located on school grounds qualify? If the weapon is constructively possessed in a vehicle does this law apply? And If the individual has a firearm stored in his/her glove box or trunk and the vehicle is parked in an adjacent area, may we utilize this law?”

Requested by: Bryan Vaughn, Safety Coordinator, Lancaster County Schools District

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April 6, 1995

Opinion inquiring as to how a vacancy on the Saluda School District 1 Board of Trustees is to be filled after the death of a trustee whose four year term was not completed.

Requested by: The Honorable Molly M. Spearman, Member, House of Representatives

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April 6, 1995

Opinion inquiring whether procedures in South Carolina’s magistrate courts for eviction of tenants meet the Department of Housing, and Urban Development’s (HUD’s) definition of “due process”.

Requested by: Ronald L. Poston, Executive Director, Housing Authority of the City of Lake City

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April 6, 1995

Opinion inquiring whether warrants should be issued against an individual for criminal domestic violence (S.C. Code Ann. Sec. 16-25-20) as well as assault and battery, even though the events may form the bias for both warrants.

Requested by: Donald D. Aaron, Esquire, City Attorney, City of Cayce

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April 5, 1995

Opinion inquiring whether a dual office situation exists if a member of the Darlington County Public Defender Corporation simultaneously serves as a member of Hartsville City Council.

Requested by: Sherron L. Skipper, CMC, City Clerk, City of Hartsville

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April 5, 1995

Opinion concerning whether a dual office holding situation exists if a member of Hollywood City Council simultaneously serves as a member of the Charleston County Disabilities Board.

Requested by: Karolyn Payne Elliott, M.A., J.D., Executive Director, Disabilities Board of Charleston County

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April 4, 1995

Opinion asking whether a person who possesses a permit to operate a golf cart issued pursuant to S.C. Code Ann., Section 56-3-115 may authorize another person to operate that golf cart on the public highways of this State.

Requested by: Kenneth Kirven, Chief of Police, North Police Department

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April 3, 1995

Opinion inquiring whether the Early Childhood Developmental and Academic Assistance Act of 1993 requires instruction and assessments that are appropriate to the age of the children involved or whether it requires specific curriculum known as “Developmentally Appropriate Practices.”

Requested by: The Honorable Dan Lee Tripp, Member, House of Representatives

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April 3, 1995

Opinion concerning the “three-tier” beer law, and its restrictions on giving, renting, lending or selling of any equipment between the three tiers of the beer industry (brewer, wholesaler, retailer).

Requested by: The Honorable Ronald C. Fulmer, Member, House of Representatives

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March 29, 1995

Opinion questioning whether a lienholder can be held responsible for storage charges when the lienholder has not been notified that a vehicle is in storage, nor do they have any knowledge of that fact.

Requested by: The Honorable Thomas Ed Taylor, Magistrate

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March 29, 1995

Opinion questioning the authority of a law enforcement officer to briefly restrain or detain combative mental patients or students where there has been no court order of detention or arrest.

Requested by: Greg A. Hoover, Chief of Police, Moncks Corner Department of Public Safety

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March 28, 1995

Opinion questioning whether or not a “private shopping club” would change its status with regard to the Blue Laws.

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

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March 28, 1995

Opinion advising as to what possible charges could be brought for a stolen automobile.

Requested by: Detective Jim Davis, Charleston Police Department

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March 27, 1995

Opinion asking whether or not it would be proper for a local Fire District Commission to attempt to organize a “Special Purpose District Lobby” on a local basis using department funds for postage, stationery, and the like.

Requested by: The Honorable Carole C. Wells, Member, House of Representatives

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March 27, 1995

Opinion asking whether S.C. Const. Art. III § 24 would prohibit an assistant solicitor of any county from seeking a seat in the General Assembly and whether an assistant solicitor position would be considered to be a position of “profit or trust under this State?”

Requested by: Thomas O. Sanders, IV, Esquire

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March 27, 1995

Opinion seeking clarification of a recent amendment to Section 22-3-550 of S.C. Code Ann. regarding the amount of sentencing power held by magistrates and municipal judges.

Requested by: Perry R. Eichor, Director, Department of Community Services, County of Greenville

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March 24, 1995

Opinion inquiring as to making keys to the office and filing cabinets available to one of the members of the Taylors Fire and Sewer District’s governing body.

Requested by: Patricia Welborn

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March 24, 1995

Opinion regarding handicapped parking at the Greenville-Spartanburg Airport.

Requested by: Thomas E. Watson, Chief of Police, Greenville-Spartanburg Airport Commission

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March 23, 1995

Opinion questioning whether the General Assembly would be in compliance with constitutional prohibitions against special legislation for local governments by passing a bill that would alter the county zoning authority of Spartanburg and Greenville counties and the municipal zoning authority of only Greer, Lyman, and Duncan.

Requested by: The Honorable Lewis R. Vaughn, Member, House of Representatives

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March 23, 1995

Opinion concerning appointments to be made to the Union County Board of Election and Registration; attempts have been made to appoint members of this board, but so far no appointments have been appointed.

Requested by: The Honorable James A. Lander, Senator, District No. 18

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March 23, 1995

Opinion regarding the composition, verification, and terms of the newly created Board of Election and Registration of Union County.

Requested by: The Honorable Ronald N. Fleming, Member, House of Representatives

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March 22, 1995

Opinion “regarding the Family Court not having a trial by jury system.”

Requested by: The Honorable J. Gary Simrill, Member, House of Representatives

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March 22, 1995

Opinion regarding whether institutional trustees serving on the Commission on Higher Education, as proposed by pending legislation, would encounter statutory or constitutional difficulties.

Requested by: The Honorable Fred R. Sheheen, Commissioner, South Carolina Commission on Higher Education

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March 22, 1995

Opinion questioning whether an alien may be a police officer in this State.

Requested by: Perry R. Eichor, Director, Department of Community Services, County of Greenville

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March 22, 1995

Opinion regarding a “policy to insure very few people enter the crime scene after victims are checked for signs of life” designed by the collaboration of the Solicitor’s Office, the Sheriff’s Office, and EMS personnel.

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

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March 20, 1995

Opinion concerning whether a dual office holding situation exists if an elected member of Greenville City Council simultaneously serves as the Director of the Insurance Fraud Division of the South Carolina Attorney General’s Office.

Requested by: The Honorable Catherine C. Christophillis, Member, Greenville City Council

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March 17, 1995

Opinion regarding as to whether a dual office holding situation exists if a member of Rock Hill City Council simultaneously serves on the governing board of the Rock Hill Economic Development Corporation (in an ex officio capacity as a member of City Council).

Requested by: Emil W. Wald, Esquire, Attorney for the City of Rock Hill

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March 15, 1995

Opinion seeking as to the constitutionality of S.494, a bill concerning waste landfills in Spartanburg County.

Requested by: The Honorable Lewis R. Vaughn, Member of House of Representatives

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March 14, 1995

Opinion concerning whether a dual office holding situation exists if a member of the City of Isle of Palms Planning Commission simultaneously serves as a Commissioner of the City’s Commission of Public Works.

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

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March 10, 1995

Opinion asking whether, in the absence of committee rules, a duly elected chair, either interim or permanent, would have ruling authority.

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

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March 10, 1995

Opinion asking whether gubernatorial appointees who are serving on a joint Senate and House Committee should be permitted to vote on matters before the committee, including the election of officers.

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

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March 8, 1995

Opinion inquiring as to whether an individual could live in Newberry County while holding office in Laurens County.

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

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March 1, 1995

Opinion concerning whether a dual office holding situation exists if a city council member simultaneously serves on a County Transportation Committee.

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

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March 1, 1995

Opinion concerning any statutes, rules or regulations other than the Ethics Reform Act, which might be applicable to a state employee’s offering for election as a family court judge.

Requested by: Janet T. Butcher, Esquire, General Counsel, South Carolina Department of Social Services

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February 28, 1995

Opinion concerning the 1994 amendment to S.C. Code Ann. § 20-7-600, which now requires that a law enforcement officer taking a child into custody for specified offenses must notify the principal of the child’s school as to the nature of the offense.

Requested by: Samuel H. Killman, Chief of Police, City of Myrtle Beach Police Department

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February 28, 1995

Opinion regarding the “Theft of Cable Television Service Act”.

Requested by: The Honorable Robert W. Hayes, Jr., Senator, District No. 15

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February 23, 1995

Opinion concerning whether a dual office holding situation exists if a member of a municipal election commission simultaneously serves as a voluntary fireman with the Bishopville City Fire Department.

Requested by: David R. Bushyager, City Administrator, City of Bishopville

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February 21, 1995

Opinion requesting advice as to whether the Commission on Higher Education is required to ensure that nonpublic postsecondary institutions in this State comply with the Americans with Disabilities Act as a condition of their licensure by the Commission.

Requested by: Fred R. Sheheen, Commissioner, South Carolina Commission on Higher Education

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February 16, 1995

Opinion regarding whether reserve police officers may now be compensated for “moonlighting” for private third party employers under the authority of S.C. Code Ann. § 23-24-10.

Requested by: Henry Ray Wengrow, Esquire, Associate General Counsel, South Carolina Department of Public Safety

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February 16, 1995

Opinion asking whether a write-in vote cast by means of spelling a candidate’s name on a keypad or touchpad of an electronic voting machine would comport with the terms of S.C. Code Ann. §7-13-800.

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

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February 16, 1995

Opinion asking whether proposed Bill H.3041, which seeks to amend the Contractor’s Licensing Law, is constitutional.

Requested by: The Honorable Harry F. Cato, Chairman, Labor, Commerce, and Industry Committee, House of Representatives

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February 15, 1995

Opinion asking whether a local Foster Care Review Board member would be an “officer of the State or its political subdivisions such that the member may be suspended from service pursuant to the South Carolina Constitution Article IV, Section 8, if the member is indicted for a crime of moral turpitude.”

Requested by: Timothy D. Harbeson, Esquire, General Counsel, Division of Foster Care Review

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February 14, 1995

Opinion inquiring as to whether South Carolina law mandates that a law enforcement officer must have the original warrant in hand to arrest for a misdemeanor not committed in the officer’s presence, even though the officer verifies by radio that the individual has the arrest warrant outstanding against him.

Requested by: The Honorable O. D. Rushton, Sheriff, Saluda County

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February 14, 1995

Opinion relating to Act No. 443, 1994 S.C. Acts. In regards to a series of questions concerning payment of ad valorem taxes.

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

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February 9, 1995

Opinion asking whether the State’s new Health Plan policy and implementation of the policy creates problems with antitrust laws, most notable of the Sherman Act.

Requested by: Elizabeth O. Levy, Esquire, Staff Counsel, S.C. Department of Health and Environmental Control

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February 9, 1995

Opinion regarding as to whether the offense of kidnapping would constitute a crime of moral turpitude.

Requested by: Timothy D. Harbeson, Esquire, General Counsel, Divison of Foster Care Review

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February 8, 1995

Opinion regarding whether a school district may provide its own “cafeteria” plan for employee benefits under certain circumstances.

Requested by: Gary Smith, Ed.D., Superintendent of Horry County School District

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February 8, 1995

Opinion asking the extent of law enforcement authority possessed by police officer employed by the Greenville-Spartanburg Airport Authority.

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

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February 6, 1995

Opinion regarding fraudulent check cases.

Requested by: The Honorable Ted N. Phillips, Mayor, City of Westminster

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February 6, 1995

Opinion inquiring as to whether a dealer in precious metals who engages in business at a flea market could ever meet the requirements of permanency and be issued a permit pursuant to the South Carolina Code of Laws § 40-54-20 (Supp. 1993).

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

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February 6, 1995

Opinion on taxation and revenue, costs of itemization of increased school millage on county tax bill. Requested by Greg W. Anderson, Attorney for Edgefield County School District. Read full opinion.

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February 3, 1995

Opinion concerning whether a dual office holding situation exists if a member of the Library Board of Beaufort County simultaneously serves on the governing body of Hilton head No. 1 Public Service District.

Requested by: Mr. Daniel R. McAvoy

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February 1, 1995

Opinion regarding the qualifications needed to hold the office of sheriff.

Requested by: The Honorable McKinley Washington Jr., Senator District 45

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February 1, 1995

Opinion asking for clarification as to the authority of the officers in the Department of Public Safety to carry weapons during off-duty hours, as well as their territorial jurisdiction to enforce the laws of South Carolina.

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

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January 25, 1995

Opinion regarding the “Theft of Cable Television Service Act”.

Requested by: The Honorable Robert W. Hayes, Jr., Senator, District No. 15

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January 25, 1995

Opinion asking: can Union County accept contributions from members of the public and apply those contributions to the Susan Smith trial, and if those contributions are designated specifically for the trial, must they be returned to the donor if not actually used for the purpose for which they have been designated?

Requested by: Robert E. Guess, Esquire

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January 23, 1995

Opinion asking how can county council members impose a tax and subsequently determine how the derived revenues are to be spent when the General Assembly cannot do likewise.

Requested by: The Honorable William D. Witherspoon, Member, House of Representatives

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January 23, 1995

Opinion requesting as to the applicability of S.C. Code Ann. § 15-27-15 (1993 Cum. Supp.) to juveniles committed to the care of the Department of Juvenile Justice who are hearing-impaired.

Requested by: The Honorable Flora Brooks Boyd, Director, Department of Juvenile Justice

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January 19, 1995

Opinion stating: you have been requested to sponsor legislation which would specifically authorize the disclosure of otherwise confidential juvenile offender information, which legislation appears to be model legislation tailored for states wherein Home Rule is interpreted to “authorize” or “enable” localities to perform overlapping functions if the State has on pre-empted the field or specifically prohibited such actions (the Dillon Rule).

Requested by: The Honorable Lawrence E. Richter, Jr., Senator, District No. 44

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January 17, 1995

Opinion seeking as to the constitutionality of the Horry County Legislative Delegation’s approval over the annual budget of the Horry County School District.

Requested by: The Honorable L. Morgan Martin, Chairman, Horry County Legislative Delegation

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January 13, 1995

Opinion concerning whether funds appropriated the Agency under the 1992-93 Appropriations Act should be remitted to the State General Fund.

Requested by: Preston Coleman, Commissioner, Vocational Rehabilitation Department

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January 10, 1995

Opinion questioning: may a physician who owns shares of stock in a publicly-held corporation which does not constitute a prohibited “investment interest” under the Act refer patients for diagnostic services to an entity owned by that corporation, and are the referring physicians required to disclose their permissible investment interest to patients?

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

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January 10, 1995

Opinion concerning whether a dual office holding situation exists if a member of the Newberry County Board of Education simultaneously serves as an appointed member of the Newberry County Disabilities and Special Needs Board of Directors.

Requested by: TEC Dowling, Superintendent, School District of Newberry County

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January 5, 1995

Opinion concerning the interpretation of Section 29-15-70 Code of Laws of South Carolina regarding attachment of a textile processor’s lien to property, other than textiles, in the possession of a textile processor, and the priority of such a lien.

Requested by: The Honorable Thomas C. Alexander, Senator, District No. 1

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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. Schedule a tour or visit.

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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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