September 2004 |
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| 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. |