July 2004 |
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| Opinion # | Requestor | Summary |
| 03-087 | Mr. William C. Shelton, Director Department of Housing and Community Development |
No requirement that State Fire Marshal perform, without compensation, preoccupancy inspections of capital projects owned by Virginia Commonwealth University Health System Authority. Requirement that Fire Marshal or his designee perform, without compensation, preoccupancy inspections of capital projects owned by Virginia Commonwealth University and leased under conventional lease to Authority. |
| 04-034 | The Honorable David M. Hicks Commonwealth’s Attorney for the City of Richmond |
Witness who testifies or produces evidence pursuant to special grand jury subpoena is granted use/derivative use immunity; is not granted transactional immunity or immunity from future prosecution based on prior testimony. |
| 04-040 | The Honorable David F. Pugh Judge, Seventh Judicial Circuit |
Applicant for concealed handgun permit who is denied permit based on submission of incomplete application should not have his application dismissed with prejudice; may reapply by submitting complete application. |
| 04-045 | The Honorable Dale Muterspaugh Sheriff for Alleghany County |
Meaning of ‘primary law-enforcement agency’ and ‘jurisdiction’ as those terms relate to execution of emergency custody and temporary detention orders and transportation of patients pursuant to such orders. |
| 04-049 | The Honorable Gary W. Waters Sheriff for the City of Portsmouth |
No statutory time limit within which magistrate must grant bond for intoxicated individual charged with misdemeanor offense, such as driving under influence or public intoxication. |
| 04-053 | The Honorable Gary A. Reese Member, House of Delegates |
Fairfax and Arlington Counties may raise respective local cigarette taxes to amount not to exceed greater of 5¢ per pack of cigarettes or amount of state tax levied on cigarettes. |
| 04-057 | The Honorable Philip J. Kellam Commissioner of the Revenue for the City of Virginia Beach |
Federal government has exclusive jurisdiction over Interior and Exterior Posts of Fort Story. Neither Commonwealth nor any of its political subdivisions may impose property taxes on portion of military housing project to be built on leasehold interest or on Ground Lease interest located thereon. Leasehold interests are not subject to local taxation. Military Housing Privatization Initiative precludes local taxation of project’s Ground Lease interests. |