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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


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