Posts Tagged ‘Special purpose district’

April 11, 1985

Opinion concerning appointment powers over members of the Greenville (Downtown) Airport Commission.

Requested by: J. Brantley Phillips, Jr., Esquire, Attorney for Greenville Airport Commission, Leatherwood, Walker, Todd & Mann

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April 10, 1985

Opinion concerning whether the Governor or the Richland County Council would be the appropriate appointing authority for members of the Richland County Historic Preservation Commission

Requested by: Ms. Helen T. Zeigler, Special Assistant for Legal Affairs, Office of the Governor

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April 8, 1985

Opinion concerning four questions. Base compensation and the setting of salaries for Una Water District Commission. The proper recording procedure for the payment of per diem and mileage for auditing purposes. Should minutes be kept of all meetings of the Una Water District Commission, formal or informal. Under the Special Purpose District Legislation set in 1955 can they change the name of the district?

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

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April 3, 1985

Opinion concerning whether the General Assembly might amend Act No. 876, 1966 Acts and Joint Resolutions, to provide for either the imposition of additional millage or an impact fee.

Requested by: The Honorable William W. Doar, Jr., Member, Senate of South Carolina

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March 20, 1985

Opinions concerning the procedure for abolishing the police powers for the Gantt Fire, Sewer, and Police District of Greenville County and also about the procedure for reestablishing these same powers if desired at a later date.

Requested by: The Honorable Charles H. Rice, Member, House of Representatives

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February 5, 1985

Opinion concerning whether Act No. 276, 1979 Acts and Joint Resolutions, would be constitutional in light of a footnote in an earlier opinion on the Western Carolina Regional Sewer Authority which raised but did not address the question of constitutionality.

Requested by: The Honorable Thomas M. Marchant, III, Member, House of Representatives

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January 23, 1985

Opinions concerning compensation paid to members of the Western Carolina Regional Sewer Authority Commission.  Are Commission members allowed to receive $35.00 per meeting, or are they limited to $35.00 per day? Should the Commission members not choose under Act 515 of 1980 either $25.00 per meeting, the practice in effect when Act 515 passed, or $35.00 per day? If Commission members may be paid per meeting (either $25.00 or $35.00), is it proper to schedule and be paid for each of several consecutive meetings which are held on the same day? If the present payment policy is improper, what should be done about overpayments that have been made to commissioners?

Requested by: The Honorable Thomas M. Marchant, III, Member, House of Representatives

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November 26, 1984

Opinion regarding whether regional transportation authorities established pursuant to Section 58-25-10 et seq., Code of Laws of South Carolina (1976) would be special purpose districts, so that the requirements of Act No. 488, 1984 Acts and Joint Resolutions, would be applicable.

Requested by: Helen T. Zeigler, Special Assistant for Legal Affairs, Office of the Governor

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November 14, 1984

Opinion regarding whether two recent acts of the General Assembly may be violative of Article VIII, Section 7 of the State Constitution, in that the acts appear to be ‘laws for a specific county.’

Requested by: Joseph H. Earle, Jr., Esquire, Greenville County Attorney

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November 14, 1984

Opinion concerning what would be considered a special purpose district under the terms of Act No. 488, 1984 Acts and Joint Resolutions.

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

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October 26, 1984

Opinion concerning South Carolina’s Freedom of Information Act, Section 30–4–10, et seq., Code of Laws of South Carolina (1983 Cum. Supp.).

Requested by: Michael L.M. Jordan, Esquire, Attorney for the Town of Hilton Head Island

Read full opinion.

September 26, 1984

Opinion as to whether county libraries should be considered special purpose districts, to bring county libraries under Act No. 488 (R586, H.3379) of 1984, requiring registration of a special purpose district with the Secretary of State and with the auditor of the county in which such district is located.

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

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September 06, 1984

Opinion as to whether or not a public body (legislative delegation) may approve a budget, pursuant to its apparently delegated statutory authority,  by circulating a petition, one at a time, among that body’s individual members

Requested by: The Honorable Derwood L. Aydlette, Jr., Member, House of Representatives

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August 31, 1984

Opinion regarding if the expenditure of local funds by the State’s Technical Education Colleges governed by the South Carolina Consolidated Procurement Code.

Requested by: Mr. Richard J. Campbell, Materials Management Office, Division of General Services

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August 29, 1984

Opinion as to the constitutionality of Part I, Section 70 of the 1984 Appropriations Act, which section provides a procedure for the electors in a special purpose district to make certain decisions as to selection of the governing body of the district and as to budgetary autonomy.

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

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August 29, 1984

Opinion regarding whether a person can run for a position on the James Island Public Service District Commission if he does not accept any compensation and are there any prohibitions against an employee of one public service district serving on the commission of another public service district, especially in light of Section 6–11–93, Code of Laws of South Carolina, 1976, as amended.

Requested by: The Honorable Derwood L. Aydlette, Jr., Member, House of Representatives

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August 15, 1984

Opinion as to the deadline for candidates to file petitions for nomination for positions on the governing bodies of James Island and St. Andrews Public Service Districts.

Requested by: Mary R. Miller, Administrator, Charleston County Board of Voter Registration

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July 27, 1984

Opinion on whether Horry County Council has authority to consolidate the Grand Strand Water and Sewer Authority with the Horry County Water and Sewer Authority.

Requested by: The Honorable Ralph H. Ellis, Senator, District No. 11, Office No. 1

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July 26, 1984

Opinion as to the constitutionality of a proposed bill ‘TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10, CHAPTER 13 OF TITLE 7, SO AS TO PROVIDE SPECIAL PROVISIONS FOR NONRESIDENT LANDOWNERS TO VOTE IN BOND ISSUE REFERENDUMS.’

Requested by: The Honorable T. Ed Garrison, State Senator

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July 3, 1984

Opinion as to whether a proviso in the 1984-85 Appropriations Act would apply to the Georgetown County Water and Sewer District, to allow the electorate to vote on placing the District under county control, and whether the delegation can proceed after the proviso becomes law to place the referendum on the ballot in the November general election.

Requested by: The Honorable R. Linwood Altman, Member, House of Representatives

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June 22, 1984

Opinion concerning the constitutionality of H.3976, R-563, which would revise and increase the compensation of officers and members of the governing commission of the Greenwood Metropolitan District.

Requested by: Ms. Helen T. Zeigler, Special Assistant for Legal Affairs, Office of the Governor

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June 18, 1984

Opinion as to the constitutionality of H.3936-R 529, which bill sets the tax millage rates for six public service or special purpose districts in Charleston County.

Requested by: Ms. Helen T. Zeigler, Special Assistant for Legal Affairs, Office of the Governor

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May 30, 1984

Opinion regarding the composition of the Greenwood Metropolitan Commission and who appoints, elects, or recommends for appointment the members of this body in light of the ‘Home Rule Legislation’ of § 4-9-10, et seq., CODE OF LAWS OF SOUTH CAROLINA (1976).

Requested by: The Honorable Thomas L. Hughston, Jr., Member, House of Representatives

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May 04, 1984

Opinion as to whether the County of Darlington may abolish the Palmetto Rural Fire District, should the County decide to offer county-wide fire protection.

Requested by: L. Franklin Elmore, Esquire, McGowan, Keller, Eaton, Brodie, & Elmore, P.A.

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April 5, 1984

Opinion reviewing Act No. 65, 1983 Acts and Joint Resolutions, in particular that portion of the Act codified as Section 6–11–1450 of the Code of Laws of South Carolina (1983 Cum. Supp.).

Requested by Majority Leader Alex Harvin, III, House of Representatives.

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March 27, 1984

Opinion on two questions: (1) Does the Clover Recreation Association constitute a ‘public body’ so as to be subject to the Freedom of Information Act? (2) Is the request (by a resident of Clover) to inspect all books and records of the Clover Recreation Association a valid request which must be honored under the Freedom of Information Act?

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

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March 26, 1984

Opinion regarding whether Senate Bill S-696 is constitutional.

Requested by: Honorable Heyward McDonald, Senator, Senatorial District No. 7

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March 6, 1984

Opinion as to the constitutionality of Bill H. 3199, R-310, a bill which would repeal two statutes concerning a fish sanctuary ‘between Aerial’s Cross Roads and Galivant’s Ferry.’

Requested by: Honorable Richard W. Riley, Governor, SC

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January 18, 1984

Opinion regarding whether legislation to be introduced concerning the Edgefield County Water and Sewer Authority would violate Article VIII, Section 7 of the SC Constitution as a special act.

Requested by: The Honorable Joseph F. Anderson, Jr., Member, House of Representatives

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December 30, 1983

Opinion on whether it is possible to change the law to allow the Anderson County Council to make appointments to the Anderson County Fire Protection Commission.

Requested by The Honorable T. Ed Garrison, Member, South Carolina Senate.

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December 21, 1983

Opinion on the applicability of a FOIA request.

Requested by The Honorable D.L. Aydlette, Jr., Member, South Carolina House of Representatives.

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November 28, 1983

Opinion on taxation and revenue – uniform and equal taxation.

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

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November 23, 1983

Opinion on whether § 4-9-80, Code of Laws of South Carolina, 1976 (as amended) provides a constitutionally valid means by which a special purpose district could be dissolved and its functions transferred to the county government.

Requested  by Honorable William W. Doar, Jr., Member, South Carolina Senate.

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November 23, 1983

Opinion regarding several questions concerning the Georgetown County Water and Sewer District (GCWSD).

Requested by The Honorable R. Linwood Altman, Member, South Carolina House of Representatives.

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October 17, 1983

Opinion on if a special fire district is created for Kiawah Island with an appropriate tax base imposed to support such a district, will Kiawah Island still be liable for property taxes that now, in part, support the St. Johns Fire District.

Requested by The Honorable McKinley Washington, Jr., Chairman, Charleston County Legislative Delegation.

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September 26, 1983

Opinion on how the budgets of nine (9) special purpose districts or commissions in Charleston County can continue to be approved by the legislative delegation in a manner that is legally proper.

Requested by Francis K. Sullivan, Executive Secretary, Charleston County Legislative Delegation.

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September 8, 1983

Opinion on whether a county council by local ordinance, have the authority to limit or restrict the number of terms a person may serve on a county board or commission having originated from a state statute.

Requested by The Honorable David S. Taylor, Member, South Carolina Senate.

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August 29, 1983

Opinion on the appointment of members of the Anderson County Fire Commission.

Requested by The Honorable T. Ed Garrison, Member, South Carolina Senate.

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May 4, 1983

Opinion on the constitutionality of R-92 which is ‘An Act to Amend Act 389 of 1955, as Amended, Relating to the Piedmont Sewer, Light, and First District of Anderson and Greenville Counties.’

Requested by The Honorable Richard W. Riley, Governor of South Carolina.

Read full opinion

 

April 29, 1983

Opinion on the constitutionality of H-2940 (R-80) which is styled ‘An Act to Repeal Act 935 of 1956 Creating the Belvedere Water and Sewer District in Aiken County.

Requested by The Honorable Richard W. Riley, Governor, South Carolina.

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March 31, 1983

Opinion as to the constitutionality of an act of the General Assembly amending prior legislature regarding the Clarendon County Aeronautics Commission and enclosing prior opinion.  

Requested by Mr. John M. Barton, Special Assistant for Legal Affairs, Office of the Governor of South Carolina.

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February 22, 1983

Opinion on the responsibility which the Horry County Legislative Delegation has for appointments to county boards and commissions.

Requested by The Honorable Ralph H. Ellis, Member, South Carolina Senate.

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February 22, 1983

Opinion on the procedure for a special purpose district to dispose of property.

Requested by The Honorable Ron L. Cobb, Member, South Carolina House of Representatives.

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February 18, 1983

Opinion relating to Dorchester County is considering creating a special purpose district under the provisions of South Carolina Code of Laws, 1976, as amended, Section 4-9-30(5)(b) and (1) is it necessary for individuals who sign the petition to create the district to provide their voter registration numbers since Dorchester County is attempting to obtain 15% of the freeholders and (2) what address should the freeholder give, i.e., his street address, tax map number, etc.

Requested by James A. Bell, Esquire, St. George.

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February 14, 1983

Opinion on the proper method for appointment of members of the Saluda County Nursing Home Board.

Requested by the Honorable Robert C. Lake, Jr., Member, South Carolina Senate.

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February 4, 1983

Opinion on whether or not the Sumter County Legislative Delegation should have held a public meeting, pursuant to the South Carolina Freedom of Information Act, in order to submit a person’s name for appointment to the Sumter County Elections Commission.

Requested by The Honorable Richard W. Riley, Governor, South Carolina.

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December 13, 1982

Opinion regarding the Aiken County Council’s authority vis a vis the Belvedere Water & Sewer District.

Requested by: Robert M. Bell, County Attorney, County of Aiken

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October 25, 1982

Opinion concerning (1) whether the State Employee Grievance Procedure Act of 1982 (Act No. 402 of 1982) applies to the Director of a Community Mental Health Center and (2) whether, as a corollary of its right to employ him or her, a Community Mental Health Board has the authority to terminate at will the employment of the Director of a Community Mental Health Center.

Requested by: William S. Hall, M.D., State Commissioner, Department of Mental Health

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October 13, 1982

Opinion regarding whether a water district created in 1955 by the General Assembly is still a valid entity, and whether the Act may be amended so that its functions would be appropriate for the County Council form of government.

Requested by: W. Jerry Fedder, Esquire, Fedder, Derrick, Ritter & Williams

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September 23, 1982

Opinion as to the proper method of appointment of members of eight boards or commissions in Newberry County.

Requested by: The Honorable Robert C. Lake, Jr., South Carolina Senate

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June 22, 1982

Opinion regarding the proposed consolidation of the Beaufort-Jasper County Water Authority and the Jasper County Water & Sewer Authority.

Requested by: Honorable Harriet H. Keyserling, Member, House of Representatives

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June 14, 1982

Opinion as to the effect of sine die adjournment of the General Assembly upon bills vetoed and returned by the Governor, but not acted upon by the General Assembly before adjournment.

Requested by: The Honorable Richard W. Riley, Governor of South Carolina

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April 21, 1982

Opinion inquiring into a legal definition of a political subdivision within this State which would be eligible for funding under the Community Services Block Grant Program.

Requested by: John R. Rumford, Deputy Director, Field Operations, Division of Economic Opportunity

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March 24, 1982

Opinion regarding the expansion of the boundaries of a special tax district for fire protection services.

Requested by: Honorable Harvey S. Peeler, Jr., Member, South Carolina Senate

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March 11, 1982

Opinion on whether the compensation of members of the Clinton-Newberry Natural Gas Authority is governed by § 6-11-91, Code of Laws of South Carolina, 1976 (as amended), and also whether a bill providing for the payment of per diem and actual expenses to those members would be consistent and permissible in light of § 6-11-91, Id. It is the opinion of this Office that members of the Authority would be governed by § 6-11-91 Id., and that a special act relating to their compensation would likely be unconstitutional.

Requested by: The Honorable Virginia L. Crocker, Member, House of Representatives

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January 28, 1982

Opinion as to the legal status of the Darlington County Water and Sewer Authority, and whether it is an ‘employer’ within the meaning of South Carolina Code of Laws, § 9-1-10(5).

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

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January 22, 1982

Opinion regarding the authority of the Chester County Council to create a special tax district for sewer services pursuant to Section 4-9-30(5), Code of Laws of South Carolina, 1976, as amended.

Requested by: Paul E. Short, Jr., Esquire

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October 19, 1981

Opinion on whether or not the Hilton Head No. 1 Public Service District is authorized to contract to supply water and other utilities services outside the boundaries of its service area.

Requested by William A. Ruth, Esquire, Hilton Head.

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September 17, 1981

Opinion on whether the provisions of § 4–9–1220 and § 6–11–880 are available to challenge or seek the repeal of a county ordinance that authorizes a bond issue for a special purpose district.

Requested by The Honorable Dill Blackwell, Member, South Carolina House of Representatives.

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September 15, 1981

Opinion on the appointment of members of the Grand Strand Water and Sewer Authority (Section 4-9-170, Code of Laws of South Carolina, 1976) as amended.

Requested by The Honorable Ralph H. Ellis, Member, South Carolina Senate.

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September 9, 1981

Opinion concerning whether or not the Saluda Recreational Commission and the Hollywood Recreational Commission constitute governing bodies of special purpose districts so as to except them from the provisions of Section 4-9-170, Code of Laws of South Carolina, 1976, as amended.

Requested by The Honorable Larry E. Gentry, Member, South Carolina  House of Representatives.

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September 3, 1981

Opinion concerning four questions on the Western Carolina Regional Sewer Authority and the Marietta Water, Fire, Sanitation and Sewer District.

Requested by The Honorable Dill Blackwell, Member, South Carolina House of Representatives.

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September 3, 1981

Opinion concerning the appointment of members to numerous boards and commissions operating in Florence County.

Requested by The Honorable Billy L. Eaddy, Member, South Carolina House of Representatives.

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August 31, 1981

Opinion on the authority of the Calhoun County Council vis-a-vis the Calhoun County Historical Commission.

Requested by Furman R. Gressette, Esquire, Attorney for Calhoun County Council.

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July 17, 1981

Opinion on the constitutionality of an act of the General Assembly which alters the boundaries of the James Island Park and Playground Commission.

Requested by Honorable Richard W. Riley, Governor, State of South Carolina.

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July 16, 1981

Opinion on whether Greenville County School District can employ a registered architect as a full-time employee, and utilize architectural plans developed by an independent architect for the construction of a number of future school construction projects.

Requested by The Honorable Philip T. Bradley and The Honorable Beattie E. Huff, Members, South Carolina House of Representatives.

Read full opinion.

May 27, 1981

Opinion on the authority of the Georgetown County Council with respect to the Georgetown County Water and Sewer Authority created by Act No. 733 of 1967 [55 STAT. 1539 (1967)].

Requested by The Honorable William W. Doar, Jr., Member, South Carolina Senate.

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May 21, 1981

Opinion as to the constitutionality of H. 2874 (R-117), a bill which would amend Act No. 890 of 1976.

Requested by The Honorable Richard W. Riley, Governor of South Carolina.

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May 14, 1981

Opinion on the constitutionality of H.2897.

Requested by The Honorable J. Leon Rampey, Member, South Carolina House of Representatives.

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April 28, 1981

Opinion on the constitutionality of H. 2570(R-80).

Requested by The Honorable Richard W. Riley, Governor of South Carolina.

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March 25, 1981

Opinion on whether the North Charleston Sewer District can loan funds to the North Charleston District.

Requested by David G. Jennings, Esquire, Attorney for North Charleston Sewer District.

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March 16, 1981

Opinion on Section 30-4-20(a) regarding Toumey Hospital.

Requested by Mr. Hubert D. Osteen, Jr., Editor, The Sumter Daily Item.

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March 16, 1981

Opinion on the Breezy Hill Water and Sewer Company.

Requested by Honorable Thomas L. Moore, Member, South Carolina Senate.

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February 18, 1981

Opinion on the interpretation of Act R640.

Requested by Cary S. Griffin, Esquire, Harvey, Battey and Bethea, P.A.

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February 17, 1981

Opinion concerning various aspects of the Greenville County Art Museum Commission.

Requested by Deborah C. Westbrook, Esquire, Assistant County Attorney, Greenville County.

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February 17, 1981

Opinion on Section 6-7-570, Code of Laws of South Carolina, 1976 as amended (whether or not a county planning commission is authorized to review and approve the location of water and sewer utilities placed by special purpose districts).

Requested by Edgar L. Dyer, III, Esquire, Myrtle Beach, South Carolina.

Read full opinion.

December 29, 1980

Opinion on whether or not the Williamsburg County Council is authorized to abolish the Williamsburg County Recreation Commission created by Act No. 191 of 1971, as amended.

Requested by W. E. Jenkinson, III, Esquire, Attorney at Law, Kingstree.

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November 3, 1980

Opinion on the Drug Formulary Advisory Committee.

Requested by Mr. H. Parker Evatt, Second Vice-Chairman, Medical, Military, Public and Municipal Affairs Committee, South Carolina House of Representatives.

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October 17, 1980

Opinion on the procedure means by which members would be appointed to the governing commission of the Union Recreation District and to the Board of Trustees of the Union Hospital District.

Requested by William E. Whitney, Jr., Esquire, Union County Attorney.

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October 15, 1980

Opinion on whether the ‘Blue Ribbon Committee’ appointed by the Aiken County Board of Education to recommend attendance or zoning plans for Area 1 of the Aiken County School District 1 is a ‘public body’ subject to the Freedom of Information Act (§ 30-4-10, et seq. of the Code of Laws of South Carolina (1976), as amended).

Requested by William H. Burkhalter, Jr., Esquire, Garvin, Fox, Zier and Burkhalter, North Augusta.

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September 8, 1980

Opinion on the status of the Grand Strand Water and Sewer Authority.

Requested by The Honorable Jean B. Meyers, Member, South Carolina House of Representatives.

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August 20, 1980

Opinion on status of the Beaufort County Rural Recreation District.

Requested by Mr. Wesley E. Felix, Chairman, Beaufort County Recreation Commission.

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August 11, 1980

Opinion on the effect of R. 640 and H. 2727 on Section 55-11-320 of the South Carolina Code of Laws.

Requested by Eugene F. Rogers, Esquire, Columbia.

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July 29, 1980

Opinion on appointment powers of the Anderson County Legislative Delegation.

Requested by Mrs. Belinda Isom, Executive Secretary, Anderson County Legislative Delegation.

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July 21, 1980

Opinion on whether the Capital View Fire District has the authority to negotiate a loan with the Farmers Home Administration.

Requested by The Honorable James E. Kinard, Jr., Member, South Carolina House of Representatives.

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June 27, 1980

Opinion on authority of the Greenwood Metropolitan Commission to enlarge their district under §§ 2A and 2B of Act No. 441 of 1959 as amended by Act No. 1028 of 1960.

Requested by Mr. Johnson Craig, Chairman, Greenwood Metropolitan Commission.

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June 26, 1980

Opinion on dual office holding (serves as chairman of the Dorchester County Water Authority and also a director of the Old Fort Fire District).

Requested by James A. Bell, Esquire, Attorney at Law, St. George.

Read full opinion.

June 18, 1980

Opinion on the constitutionality of a 1980 act of the General Assembly which amends the powers of the Greenville Airport Commission.

Requested by The Honorable Richard W. Riley, Governor, State of South Carolina.

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June 6, 1980

Opinion on the constitutionality of the General Assembly amending a 1972 act, as amended, to provide for an increased tax millage for the North Charleston Sewer District for 1980-81.

Requested by The Honorable Richard W. Riley, Governor, State of South Carolina.

Read full opinion.

June 6, 1980

Opinion on the constitutionality of the General Assembly amending a 1973 act to provide for Charleston County’s share of the 1980-81 operating expenses of the Berkeley-Charleston-Dorchester Technical Education Center.

Requested by The Honorable Richard W. Riley, Governor, State of South Carolina.

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June 5, 1980

Opinion on whether Florence County Council can increase the tax levy for a subdistrict.

Requested by Peter D. Hyman, Esquire, Florence.

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June 5, 1980

Opinion concerning the proposed Dacusville Area Fire Protection District in Pickens County.

Requested by Felix L. Finley, Jr., Esquire, Pickens County Attorney.

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June 4, 1980

Opinion on the legal status of the Belvedere Water and Sewer District and whether it is a special purpose district.

Requested by The Honorable Thomas E. Huff, Member, South Carolina House of Representatives.

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May 28, 1980

Opinion on who should exercise the power of appointment of members to the Beaufort County Development Commission (Act No. 861 of 1960).

Requested by The Honorable James Madison Waddell, Jr., Member, South Carolina Senate.

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May 27, 1980

Opinion on whether law enforcement officials stationed at Myrtle Beach Air Force Base are entitled to have access to information pertaining to the disposition of criminal cases heard in the Municipal Court of the City of Myrtle Beach.

Requested by Major Edwin C. Schilling, III, USAF, Staff Judge Advocate, Myrtle Beach AFB.

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April 22, 1980

Opinion on the constitutionality of an act of the General Assembly which creates the Old Jacksonborough Historic District.

Requested by The Honorable Richard W. Riley, Governor, State of South Carolina.

Read full opinion.

 

April 22, 1980

Opinion on the constitutionality of an act of the General Assembly which increases the membership of the Dillon County Development Board and provides for their selection and terms of office.

Requested by The Honorable Richard W. Riley, Governor, State of South Carolina.

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April 22, 1980

Opinion on the constitutionality of an act of the General Assembly which creates the Old Jacksonborough Historic District in Colleton County.

Requested by The Honorable Richard W. Riley, Governor, State of South Carolina.

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April 7, 1980

Opinion on applicability of Sections 6-11-410 et seq. to a special purpose district created pursuant to Sections 6-11-10 et seq., Code of Laws of South Carolina, 1976, as amended.

Requested by C. Wesley Smith, Esquire, Attorney at Law, Aiken.

Read full opinion.

March 20, 1980

Opinion on whether or not the Darlington County Council (Council) or the Darlington County Water and Sewer Authority (Authority) is authorized to provide for the compensation of the Authority members.

Requested by D. Kenneth Baker, Esquire, Darlington.

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February 19, 1980

Opinion concerning the authority of Charleston County Park, Recreation and Tourist District and the Charleston County Board of Assessment Control.

Requested by Mr. F.K. Sullivan, Executive Secretary, Charleston County Legislative Delegation.

Read full opinion.

January 29, 1980

Opinion on authority of the Chester County Council on appointment of members to the Chester County Hospital Board pursuant to Section 4-9-170, Code of Laws of South Carolina, 1976, as amended.

Requested by Ralph C. McCullough, II, Esquire, Chester County Hospital Attorney.

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January 28, 1980

Opinion regarding appointment powers of the Charleston County Council pursuant to Section 4-9-170, Code of Laws of South Carolina, 1976, as amended.

Requested by Mr. Francis K. Sullivan, Executive Secretary, Charleston County Legislative Delegation.

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January 14, 1980

Opinion on method by which members of the board of trustees of Wallace Thompson Hospital are to be appointed.

Requested by Mr. Edward Eason, Administrator, Wallace Thompson Hospital.

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January 4, 1980

Opinion on whether appointment of the members of the technical-college commissions in this state should continue to be controlled by the special provisions for them or whether, after January 1, 1980, appointments are controlled by the Home Rule Act (Article III § 34 and Article VIII § 7 of the Constitution).

Requested by Mr. G. William Dudley, Executive Director, State Board for Technical and Comprehensive Education.

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December 31, 1979

Opinion on education, higher counties, home rule.

Requested by Mr. G. William Dudley, Executive Director, State Board for Technical and Comprehensive Education.

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December 21, 1979

Opinion on the proper method of appointment for the members of the Wedgefield-Stateburg Rural Community Water District.

Requested by William H. Stevenson, Jr. Esquire, Attorney for Wedgefield-Stateburg Rural Community Water District.

Read full opinion.

December 20, 1979

Opinion on method of appointment of members to county boards, committees and commissions (Section 4-9-170, Code of Laws of South Carolina, 1976, as amended).

Requested by The Honorable William E. Knotts, Jr., Member, South Carolina Senate.

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November 14, 1979

Opinion on funds of political subdivisions – custody of same.

Requested by The Honorable J. Leon Rampey, Member, South Carolina House of Representatives.

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November 8, 1979

Opinion on whether an advisory group is subject to the requirements of the Freedom of Information Act.

Requested by The Honorable Richard W. Riley, Governor, State of South Carolina.

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October 23, 1979

Opinion concerning the expansion of the Belvedere Fire District boundaries (Section 6-11-420, Code of Laws of South Carolina, 1976, as amended).

Requested by Mr. C. Clyde Hooks, Chairman, Belvedere Fire District Commission.

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August 27, 1979

Opinion on Forest Beach Public Service District Soil Erosion Power.

Requested by Mr. William W. Jones, Jr., Esquire, Beaufort.

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August 23, 1979

Opinion concerning the use and sale of fireworks in Beaufort County.

Requested by Joseph A. Dean, Fire Marshall, Sea Pines Forest Beach Fire Department.

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July 24, 1979

Opinion on the annexation of property in a special purpose district in Spartanburg County.

Requested by The Honorable Horace C. Smith, Member, South Carolina Senate.

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July 5, 1979

Opinion on the appointive and recommendatory powers to boards and commissions by the Williamsburg County Legislative Delegation and Williamsburg County Council (Section 4-9-170, Code of Laws of South Carolina, 1976).

Requested by W.E. Jenkinson, III, Esquire, Williamsburg County Attorney.

Read full opinion.

June 5, 1979

Opinion on constitutionality of Act No. 1941 of 1972 [57 STAT. 3900 (1972)] under the prohibition contained in Article III, Section 34, subdivision 9, Constitution of South Carolina.

Requested by J.D. Black, Chairman, Easley-Central Water District.

Read full opinion.

June 1, 1979

Opinion on Senate Bill 315 (R-135) relating to the St. Paul’s Fire District Commission in Charleston County to increase its membership from five to seven members.

Requested by Ms. Dorothy A. Manigault, Executive Assistant for Legal Affairs, Office of the Governor.

Read full opinion.

May 29, 1979

Opinion on the appointment of members of the Greenville County Recreation Commission (Act No. 1329 of 1968 [55 STAT. 3113 (1968)], as amended by Act No. 17 of 1969. 56 STAT. 17 (1969), Section 4-9-80, Code of Laws of South Carolina, 1976, as amended).

Requested by Joseph H. Earle, Jr., Esquire, Greenville County Attorney.

Read full opinion.

April 23, 1979

Opinion as to the procedure to be used in prescribing salaries for the members of the Western Carolina Sewer Authority.

Requested by Honorable J. Leon Rampey, Member, House of Representatives.

Read full opinion.

April 19, 1979

Opinion concerning the condemnation powers of the Broad Creek Public Service District (District).

Requested by Cary S. Griffin, Esquire, Attorney at Law.

Read full opinion.

April 19, 1979

Opinion concerning the probable effect of the South Carolina Supreme Court’s opinion in Celanese Corporation, et al. vs. Strange, et al., 272 S.C. 399, 252 S.E.2d 137 (1979), upon certain portions of the Piedmont Sewer, Light and Fire District of Anderson and Creenville Counties (District).

Requested by E.P. Riley, Esquire, Attorney, Piedmont Sewer, Light, & Fire District.

Read full opinion.

April 18, 1979

Opinion as to the constitutionality of certain provisions in Act No. 1840 of 1972 [57 STAT. 3658 (1972)].

Requested by Chief R. L. White, Piedmont Park Fire District.

Read full opinion.

April 13, 1979

Opinion regarding possible consequences resulting from the recent decision of the South Carolina Supreme Court in Celanese Corporation, et al. v. Strange, et al., 272 S.C. 399, 252 S.E.2d 137 (1979).

Requested by Chief R. L. White, Piedmont Park Fire District.

Read full opinion.

March 08, 1979

Opinion regarding the procedure by which a special service district may enlarge the service area of the Woodruff-Roebuck Water District.

Requested by Honorable David O. Hawkins, Representative, District No. 35

Read full opinion.

March 08, 1979

Opinion concerning who has the power to designate sites and locations for sewage treatment facilities within Greenville County and the necessity of a referendum before Greenville County can become involved in the operation of a sewer system.

Requested by Leo H. Hill, Esquire

Read full opinion.

March 02, 1979

Opinion regarding whether the Piedmont Sewer, Light & Fire District Commission may increase the taxes within that District without approval by the residents of that District.

Requested by Piedmont Sewer, Light & Fire District Commission

Read full opinion.

February 01, 1979

Opinion as to the appointive and recommendatory powers of the Williamsburg County Legislative Delegation (Delegation) and the Williamsburg County Council (Council) relating to the members of the boards and commissions herein below discussed after January 1, 1980.

Requested by Honorable Frank H. McGill, Senator

Read full opinion.

January 15, 1979

Opinion regarding the statutorily derived authority necessary for the delegation of responsibilities for management agencies outlined in Section 208 of the Federal Clean Water Act.

Requested by: Mr. Chester Sansbury, 208 Areawide Planning Section, South Carolina Department of Health and Environmental Control

Read full opinion.

November 10, 1978

Opinion on establishing a fire district (Section 4-9-30(5), South Carolina code of Laws, 1976)).

Requested by Mr. Christopher Holmes, c/o The Honorable Gene W. Dukes.

Read full opinion.

October 23, 1978

Opinion on whether a county council can make a grant of county funds to a town which will then give the funds to a private ambulance company franchised by that town to supply ambulance service therein.

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

Read full opinion.

September 21, 1978

Opinion on public employees, labor relations.

Requested by Jack S. Mullins, Ph.D., Director, State Personnel Division.

Read full opinion.

August 14, 1978

Opinion on whether Greenville County Council has authority to recommend for appointment by the Governor members of the Upper Greenville County Hospital District Commission.

Requested by The Honorable John T. Wood, Member, South Carolina House of Representatives.

Read full opinion.

June 26, 1978

Opinion on county government, pollution.

Requested by Charles Porter, Esquire, Richland County Attorney.

Read full opinion.

June 19, 1978

Opinion on what appropriate action an individual doing business in Cherokee Falls may take concerning improper maintenance of the local water and sewer system.

Requested by Mr. Harold E. Trask, Jr., Executive Assistant, Office of the Governor, South Carolina.

Read full opinion.

May 8, 1978

Opinion on the constitutionality of House Bill 4008 (Section 4-9-170, South Carolina Code of Laws, 1976).

Requested by Mr. Robert Pelham, Chairman, St. Johns Fire District Commission.

Read full opinion.

May 2, 1978

Opinion on the procedure for appointing the members of the Stroud Memorial Hospital Commission (Section 4-9-170 of the Code of Laws of South Carolina, 1976).

Requested by William B. Price, Esquire, Attorney at Law, Greenville.

Read full opinion.

May 2, 1978

Opinion on the proper procedure for appointing members to the Board of Regents of the Beaufort County Memorial Hospital.

Requested by Herbert L. Novit, Esquire, Attorney at Law, Hilton Head Island.

Read full opinion.

April 21, 1978

Opinion on Act No. 926 of 1974.

Requested by The Honorable W. Lewis Wallace, Member, South Carolina Senate.

Read full opinion.

March 28, 1978

Opinion on Article X, Section 14(f) of the South Carolina Constitution, 1895.

Requested by Mr. Robert Muller, Standard & Poor, New York.

Read full opinion.

March 17, 1978

Opinion on whether or not the Greenville County Legislative Delegation can recommend for appointment members of the Board of Trustees of Stroud Memorial Hospital.

Requested by The Honorable Samuel Hunter Howard, Jr., Member, South Carolina House of Representatives.

Read full opinion.

March 6, 1978

Opinion on the governmental provision of services of a medical nature within and immediately without the corporate limits of Ware Shoals, South Carolina.

Requested by The Honorable Marion Pinckney Carnell, Member, South Carolina House of Representatives.

Read full opinion.

February 8, 1978

Opinion on the method of appointment for the members of the Richland-Lexington Airport District Commission and the members of the Lexington County Hospital Board of Trustees (Act No. 1303 of 1964 [53 STAT. 3083 (1964)], as amended, Section 55-11-320, Code of Laws of South Carolina, 1976)).

Requested by The Honorable Nikki G. Setzler, Member, South Carolina Senate.

Read full opinion.

February 2, 1978

Opinion on the constitutionality of Act No. 621, S.C. STATS. (1973).

Requested by The Honorable Alex Harvin, III, Member, South Carolina House of Representatives.

Read full opinion.

January 12, 1978

Opinion on whether the term “district” applies to the Beaufort-Jasper Water Authority pursuant to § 2 of Act No. 397, S.C. ACTS, 1965.

Requested by Mr. E. Penn Estabrook, Projects Director. Lowcountry Council of Governments.

Read full opinion.

January 12, 1978

Opinion on Laurens County Water Resources Commission.

Requested by Albert D. McAlister, Esquire, Laurens.

Read full opinion.

November 28, 1977

Opinion on the home rule law regarding fire protection districts in Union County.

Requested by Mr. William E. Whitney, Jr., Union County Attorney.

Read full opinion.

September 19, 1977

Opinion on Sections 4-19-10 et seq. and 6-11-10 et seq. of the Code of Laws of South Carolina, 1976, to the provisions of Act No. 283 of 1975, the ‘home rule’ legislation.

Requested by Albert Simons, Jr., Esquire, Sinkler Gibbs & Simons, Charleston.

Read full opinion.

September 16, 1977

Opinion on the Upper Greenville County Hospital District.

Requested by The Honorable John T. Wood, Member, South Carolina House of Representatives.

Read full opinion.

September 15, 1977

Opinion on whether or not the Taylors Fire and Sewer District can impose two different tax millages within its service area.

Requested by Leo H. Hill, Esquire, City Attorney, Greer.

Read full opinion.

September 8, 1977

Opinion on the statutory procedure for the appointment of the members of the Lexington County Recreation District and the Irmo-Chapin Recreation District.

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

Read full opinion.

August 1, 1977

Opinion on if the Legislative Delegation or the local county council would recommend appointments to the Pickens County Election Commission.

Requested by The Honorable Harris P. Smith, Member, South Carolina Senate.

Read full opinion.

July 18, 1977

Opinion on the validity of Act No. 501 of the 1976 General Assembly.

Requested by Attorney at Law.

Read full opinion.

June 15, 1977

Opinion on tax levy by the Berea Public Service District.

Requested by Joseph H. Earle, Jr., Esquire, Greenville County Attorney.

Read full opinion.

April 5, 1977

Opinion on whether or not any tax levied by the Berea Public Service District must be equal and uniform upon all taxable property within the District.

Requested by Glen S. Baldwin, Esquire, Assistant Greenville County Attorney.

Read full opinion.

April 5, 1977

Opinion on whether a tax levied by the Berea Public Service District be equal and uniform upon all taxable property within the district.

Requested by Glen S. Baldwin, Esquire, Assistant Greenville County Attorney.

Read full opinion.

March 25, 1977

Opinion on whether or not the Greenville County Legislative Delegation or the Greenville County Council has the authority to approve the appointment of those members of the Greenville General Hospital Board of Trustees (Board) who are ‘county’ members.

Requested by Robert C. Wilson, Jr., Esquire, Attorney at Law, Greenville.

Read full opinion.

March 24, 1977

Opinion on whether the Marion County Legislative Delegation or the Marion County Council has the authority to recommend the appointment of the members of the Marion County Hospital Commission.

Requested by The Honorable John H. Waller, Jr., Member, South Carolina Senate.

Read full opinion.

March 21, 1977

Opinion on residency requirements to serve on the East Richland County Public Service District Commission.

Requested by Carl L. Holloway, Jr., Esquire, Columbia.

Read full opinion.

March 9, 1977

Opinion on who has authority to appoint the Coordinator of Federal Funds for Horry County (Act No. 688 of 1973, 58 Stat. 1322 (1973)) and other related questions regarding the County.

Requested by The Honorable Ralph M. Ellis, Member, South Carolina Senate.

Read full opinion.

February 25, 1977

Opinion on the Grand Strand Water and Sewer District created by Act No. 337 of 1971. 57 Stat. 444 (1971).

Requested by The Honorable Ralph H. Ellis, Member, South Carolina Senate.

Read full opinion.

January 21, 1977

Opinion on appointive powers in the Lexington County Legislative Delegation (Section 14–3714, Code of Laws of South Carolina, 1962 (Cum. Supp.).

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

Read full opinion.

December 29, 1976

Opinion on the duties of the legislative delectation under the provisions of Act No. 283 “home rule” legislation.

Requested by The Honorable Tom Turnipseed, William E. Knotts, and Nikki G. Setzler, Members, South Carolina Senate.

Read full opinion.

December 6, 1976

Opinion on whether or not the Florence County Legislative Delegation can introduce and enact local legislation amending the Act which created the Florence County Fire District and certain subdistricts.

Requested by The Honorable Thomas E. Smith, Jr., Member, South Carolina Senate.

Read full opinion.

October 19, 1976

Opinion on taxes relating to the Holly Springs Fire District (Act bearing Ratification No. 635 of 1976; Article I, Section 7, South Carolina Constitution).

Requested by The Honorable J.C. Duncan, Member, South Carolina House of Representatives.

Read full opinion.

October 13, 1976

Opinion on proposed ordinance (#7– 6 /77) establishing the Florence County Ambulance Service Commission to provide ambulance service in Florence County.

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

Read full opinion.

October 5, 1976

Opinion on whether the Freedom of Information Act encompasses the Greenwood County Hospital Board (Section 1-20 et seq., Code of Laws of South Carolina, 1962, as amended).

Requested by Mr. Charles Traynor Ferillo, Jr., Executive Director, Research and Personnel, South Carolina House of Representatives.

Read full opinion.

July 26, 1976

Opinion on whether Ratified Bills R868 and R864 are violative of Article VIII, Section 7.

Requested by Harold E. Trask, Jr., Executive Assistant to the Governor, State of South Carolina.

Read full opinion.

July 26, 1976

Opinion on whether or not the Greenville County Recreation Commission can construct a recreational park.

Requested by Joseph H. Earle, Jr., Greenville County Attorney.

Read full opinion.

July 15, 1976

Opinion on the Marion County Hospital Commission.

Requested by Mr. Edwin P. Rogers, Sr., Executive Director, Pee Dee Regional Planning and Development Council.

Read full opinion.

June 2, 1976

Opinion on whether or not the Legislative Audit Council possesses the power to audit the Western Carolina Sewer Authority.

Requested by Mr. Albert M. Gross, Deputy Director, Legislative Audit Council.

Read full opinion.

April 29, 1976

Opinion on H 3645 (proposal to change the tax millage of a special purpose district).

Requested by The Honorable Toney J. Lister, Member, South Carolina House of Representatives.

Read full opinion.

April 19, 1976

Opinion on the constitutionality of a bill, H-3335 relating to the North Charleston Sewer District.

Requested by Mr. Francis K. Sullivan, Charleston County Legislative Delegation.

Read full opinion.

March 24, 1976

Opinion on Act No. 1768 of 1972 (57 STAT. 3473).

Requested by The Honorable Joseph R. Murray, Member, South Carolina House of Representatives.

Read full opinion.

March 11, 1976

Opinion on whether the Greenville Technical and Comprehensive Education has the authority to limit the number of companies with which the institution may enter into agreement whereby employees may purchase tax sheltered annuities.

Requested by Personnel Director, State Board for Technical and Comprehensive Education.

Read full opinion.

February 11, 1976

Opinion on whether the Lexington County Council may appropriate funds derived from tax levies for donation to the Riverbanks Park Commission for use in the operation of a zoo.

Requested by T. H. Rawl, Jr., Esquire, Lexington County Attorney.

Read full opinion.

February 6, 1976

Opinion on authority of the Spartanburg County Commission to limit or extend the exemption afforded by Section 65–1570 to create a service district that is without the limits of incorporated municipalities.

Requested by Spartanburg County Attorney.

Read full opinion.

February 6, 1976

Opinion on Section 65-1570 (tax levied by Spartanburg County Commission).

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

Read full opinion.

February 3, 1976

Opinion on procedure for electing new Horry County Council.

Requested by Mr. Quentin C. Cook, Aynor.

Read full opinion.

January 15, 1976

Opinion on whether the Waccamaw Neck Flood District has authority to purchase an ambulance.

Requested by The Honorable William W. Doar, Jr., Member, South Carolina Senate.

Read full opinion.

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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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