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Official Opinions

 

September 2004
Please click on Opinion number to view entire opinion.

Opinion # Requestor

Summary

04-044 The Honorable Sharon M. McDonald
Commissioner of the Revenue
  for the City of Norfolk
Authority for county, city, or town to impose consumer utility tax on mobile service providers. When tax is imposed, requirement that service provider collect tax on each telephone number included in bundled mobile telecommunications service plan billed to mobile service consumer. Provider shall apply 10% tax to monthly gross charges not exceeding $30 that are attributable to each itemized or nonitemized local mobile telecommunications service number included in bill. Application of this interpretation to any particular mobile telecommunications service plan is question of fact for determination by local tax official.
04-051 The Honorable Harry B. Blevins
Member, Senate of Virginia
Foreign corporation authorized to transact business in Virginia, with principal place of business outside Commonwealth and no assets in Virginia, is not ‘resident in’ Commonwealth.
04-054 Mr. J. Thompson Shrader
County Attorney for Amherst County
County may not seek reimbursement for expenses incurred by law-enforcement officer performing routine duties resulting in DUI conviction; may be compensated, in certain circumstances, for reasonable expenses incurred in providing appropriate emergency response to accident or incident related to DUI conviction, even when fire, rescue, or extra law-enforcement personnel do not participate.
04-059 The Honorable Emmett W. Hanger Jr.
Member, Senate of Virginia
Definition of ‘private police officers.’ Private police officers, who constitute special conservators of peace and meet training standards established by Criminal Justice Services Board, are exempt from registration and bonding requirements.
04-060 The Honorable H. Russell Potts, Jr.
Member, Senate of Virginia
Restriction on locality’s authority to regulate display of political campaign signs on private property does not apply to private homeowners’ associations.
04-061 Mr. Donald D. Litten
County Attorney for Shenandoah Co.
Purchase of environmentally contaminated property by Shenandoah County at delinquent tax sale may constitute involuntary transfer or acquisition, qualifying county for protection from liability, provided county meets statutory conditions prescribed for ‘innocent land owner.’ Liability protection afforded Shenandoah County, or third party with knowledge of contamination, as ‘bona fide prospective purchaser,’ provided county or third party meets statutory conditions prescribed for such purchaser.
04-063 The Honorable John C. Watkins
Member, Senate of Virginia
County has no authority to levy lodging tax on amount hotel charges transients for rental of banquet facilities to accommodate events of limited duration.
04-066 The Honorable Gary A. Mills
Judge, Seventh Judicial District
Deferred finding of guilt related to first-offense assault and battery is considered ‘conviction’ for purposes of applying § 18.2-57.3 in subsequent proceedings and for purposes of concealed weapons statute during defendant’s term of probation. Such ‘conviction’ terminates once person completes probation and deferred finding proceedings against him are dismissed, except for purposes of applying § 18.2-57.3 in subsequent proceeding under that statute.
04-073 Mr. Peter E. Broadbent Jr.
Chairman, The Library Board
Library of Virginia, when distributing state and federal technology assistance monies to local and regional libraries, may require that such libraries adopt Internet safety policies preventing access to visual depictions of obscenity, child pornography, and other illegal materials; requirement should allow patrons to disable filters to conduct bona fide research or for other lawful purposes. Absent such spending authority, Library may not dictate measures to prevent on-line access to illegal materials.