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2025 Op. S.C. Att'y Gen. 1 (2025)

handle is hein.sag/sagsc0167 and id is 1 raw text is: ALAN WILSON ATTORNEY GENERLAL January 3, 2025 Chief Tyrone Smith Varnville Police Department P.O. Box 308 Varnville, SC 29944 Dear Chief Smith: Attomney General Alan Wilson has referred your letter to the Opinions section. Your letter requests an opinion addressing the following: Hampton County Government charges the Municipality of Varnville a monthly fee of $1687.50 to dispatch the Police & Fire Department (Section 23-47-10). Hampton County Government receives all 911 fees from landlines and cellphone services. This arrangement prohibits the Municipalities from collecting those fees. Is it legal/illegal for the County of Hampton to charge the Municipalities to dispatch Police and Fire when it is already collecting the forementioned 911 fees from landlines and cellphone services? Would that not be considered an additional tax to the citizens of the municipalities? In addition, I am also requesting a legal opinion of the Attorney General's office in reference to housing of inmates at the Hampton County Detention Center: Hampton County Government charges the municipalities $25.00 a day for housing inmates that are being detained at the Hampton County-Detention Center for misdemeanors. Hampton County also taxes its citizens to operate the Detention Center. Would this be considered double taxation? This current arrangement may inevitably cause our municipalities and others to increase taxes on its own citizens. Law/Analysis This Office's opinions cannot determine whether a bill from a county to a municipality is authorized or not as it will necessarily depend on the facts. See Op. S.C. Att's Geh., 1989 WL .UhfJFI .USNI c LDING -fOST OFFICE id(IX;14 , CCLUxvuI, SC 2K2)I I -1 ; 9~ , LLEPI IONL 18jd_',34-39 /C