Could Anderson County’s legislative delegation require a countywide school-tax increase?

Plain-English summary

The chair of Anderson County's legislative delegation asked whether the delegation could require the county treasury to raise countywide school-tax millage and direct how the added revenue would be distributed. In a short August 2000 informal letter, the AG did not decide whether any of the cited local acts granted that power. It said earlier AG opinions, relying on South Carolina Supreme Court cases, had questioned the constitutionality of similar delegation control over local school taxes.

On that basis, the AG predicted that a court would probably find the Anderson delegation could not constitutionally act to increase local school-tax millage. The letter did not analyze a specific distribution plan once a tax had been levied. Its conclusion was a prediction about the constitutional question, not a court ruling or a comprehensive account of the local acts.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later
AG opinions may have changed the analysis. Treat this page as historical context, not current
legal advice. Verify current law before relying on any specific rule, deadline, or remedy
mentioned here.

Common questions

Q: Did the AG say the delegation could raise the local school millage?
A: No. It predicted a court would probably reject the delegation's authority to increase that millage on constitutional grounds.

Q: Did the AG decide what the local acts authorized?
A: No. The letter said its constitutional concern applied regardless of whether those acts might otherwise give the delegation authority.

Q: Did the opinion give a rule for dividing any added revenue?
A: No. Although distribution was part of the request, the letter's analysis and conclusion addressed the proposed millage increase.

Background and statutory framework

The letter mentioned local acts governing Anderson County school taxation and budgets, then relied on prior AG opinions about other delegations. It did not reproduce the cited court cases or their reasoning, so this page does not supply a constitutional test beyond the AG's stated prediction.

Citations and references

• The letter cited Act No. 581, Act 269 and Act No. 510 as local school-tax provisions, without deciding their reach.

Official title

Regarding the authority of the Anderson County legislative delegation to require the Anderson County Treasury to increase county wide millage and specify how the revenue must be distributed.

Requester

The Honorable Ronald P. Townsend, Chairman, Anderson County Legislative Delegation

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/august-16-2000-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/11/00aug16townsend.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLIE CONDON
ATTORNEY GENERAL

August 16, 2000
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The Honorable Ronald P. Townsend
Chairman, Anderson County Legislative Delegation
2328 Wright School Road
Anderson, SC 29621
Dear Representative Townsend:

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You have requested an informal opinion regarding the authority of the Anderson County legislative delegation to require the Anderson County Treasury to increase county wide millage and specify how the revenue must be distributed. A number of statutory provisions address taxation and budgets for Anderson County Schools. See, eg Act No. 581 , 1994 S.C. Acts 6025; Act 269, 1989 S.C. Acts 1655; Act. No. 510, 1982 S.C. Acts 3420. Regardless of whether the delegation would have such authority under the terms of the above statutes or other provisions, a number of prior opinions of this Office, citing South Carolina Supreme Court cases, have concluded that the authority of other delegations over such school tax matters is of doubtful constitutionality. Ops. Atty. Gen. (January I 2. I 995: December 7, 1987; December 7, I 987; December 2, I 987). These opinions indicate that, if presented with the issue, a Court would most probably find that the Anderson County legislative delegation cannot constitutionally act to increase local school tax millage. This letter is an informal opinion. It has been written by the designated Assistant Deputy Attorney General and represents the opinion of the undersigned attorney as to the specific questions asked. It has not, however, been personally reviewed by the Attorney General nor officially published in the manner of a formal opinion. If you have further questions, please let me know.