Did Colleton County School District need county council consent before calling a school bond referendum?

Plain-English summary

Colleton County’s attorney asked whether the school district needed county council consent before calling a school bond referendum. The Assistant Deputy AG read the School Bond Act as allowing a district to call an election for general-obligation bonds within that act. He found no requirement for council input in the act or applicable Colleton County local laws.

The letter distinguished county council’s authority over school operating-budget taxes from bond issuance. It said the county auditor’s bond-tax levy duty left no discretion to the governing body over whether to levy the tax. The author advised consultation with the district’s bond attorney about the bond issue and identified the letter as an informal opinion.

Currency note

This opinion was issued in 1998. 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: Could the district call a qualifying bond election without county council consent? A: The letter said yes; it found no council-input requirement under the School Bond Act or cited local laws.

Q: Did county council’s operating-budget tax authority control bond taxes? A: The AG said no. He treated the local-law authority as confined to the operating budget.

Q: Who levied and collected the bond tax under the act? A: The letter said the auditor levied it and the treasurer collected it under §59-71-150.

Background and statutory framework

The School Bond Act, starting at §59-71-10, governed qualifying general-obligation bond elections. The opinion read §§ 59-71-20 and 59-71-30 as allowing the district to call the election and distinguished Act No. 257, 1979 s.c. Acts 956, which concerned operating-budget taxes.

Citations and references

Authorities discussed: §59-71-10; §§ 59-71-20, 59-71-30; §59-71-150; Act No. 257, 1979 s.c. Acts 956.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/january-23-1998/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/11/98jan23siegel.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY CONDON
ATTORNEY GENERAL

January 23, 1998

Paul N. Siegel, Esquire
Siegel and Bonds
P.O. Box 1143
Walterboro, SC 29488
Dear Paul:
As Colleton County attorney, you have asked whether the Colleton County School District may call for a school bond referendum without the consent of County Council. This matter appears to be controlled by the School Bond Act, s.c. Code Ann.
§59-71-10, et seg., (1990).
Under that Act, a school district may call for an election for the issuance of general obligation bonds coming within the terms of that law. See §§ 59-71-20, 59-71-30. Taxes are to be levied by the auditor and collected by the Treasurer under §59-71-150. A previous opinion of this Off ice held that " .. no discretion [is] vested in the governing body or other officials thereof as to whether the tax is to be levied. The only task is for the auditor to determine the number of mills necessary to raise the required revenue." Ops. Atty. Gen. (March 26, 1985). Nothing in this law or in the local laws for Colleton County appears to require or provide for the input of the County Council. See~· 59-71-20(1). The authority given to County Council related to the levy of school taxes in Act No. 257, 1979 s.c. Acts 956 appears to be confined to the operating budget and does not indicate any legislative intent to create an exception to the School Bond Act. 1

1

"The ... primary function in interpreting a statute is to ascertain the intention of the legislature .... " South Carolina Department of Highways and Public Transportation v. Dickinson, 281 S.C. 134, 341 S.E. 2d 134 (1986).

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e~:E:;""~Y~~T OFFICE Box 11549

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COLuMBIA. S.C. 29211-1549

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TELEPHONE:

803-734-3970

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FACSIMILE: 803-253-6283

Paul N. Siegel, Esquire
January 23, 1998
Page 2
The legislature has made not provision for the School District to obtain the input of County Council before holding a school bond referendum under the School Bond Act. Of course, the District should consult with its bond attorney as to the bond issue. 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.

General
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