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|11-091||Honorable Rex A. Davis
Clerk of the Circuit Court of Newport News
|Section 15.2-1613.1 authorizes the fee to be assessed only when a person is admitted, or re-admitted, to jail after conviction. If a person is convicted, but is not admitted or readmitted to jail following conviction, the fee may not be assessed.|
|11-082||Honorable Clarence E. "Bud"
Member, House of Delegates
|Section 27-14 does not permit a locality to adopt an ordinance authorizing a volunteer fire department to assess and charge a fee to an individual’s homeowners’ or automobile insurance policy for responding to a fire emergency.|
|11-057||Honorable Jack Kennedy
Clerk of Court, Wise County Circuit Court
|The determination of whether a particular filing qualifies as a “proceeding” under § 8.01-335(A) requires a review of its specific contents. Also, when an attorney files a copy of a letter to opposing counsel with the Clerk of Court, such a filing does not constitute a “proceeding” under § 8.01-335, but the filed letter may indicate that there are other ongoing proceedings pending in the action, thereby foreclosing the discontinuance of the action.|
|11-061||Hons. John O’Bannon,
III, MD and L. Scott
Lingamfelter, Members, House of Delegates
Hons. Linda Puller, Stephen Newman, Members, Senate of Virginia
|Addresses various questions related to application of real estate tax exemption provided under Article X, § 6-A of the Virginia Constitution and Code §§ 58.1-3219.5 and 58.1-3219.6, including eligibility of certain veterans, surviving spouses and property titled in trusts.|
|11-071||Matthew J. Britton, Esq., Commonwealth’s Attorney, King George County||Under the plain language of § 22.1-30(A), a planning commission member is not precluded from being elected to, and serving on, a school board.|
|11-088||Dennis E. Jones, Esq., County Attorney, Russell County||Under § 15.2-1605.1, the Board of Supervisors may authorize a 5% salary supplement to constitutional officers and their employees to be paid out of county funds.|
|11-078||The Honorable Emmett W. Hanger,
Member, Senate of Virginia
|Under the present state of the law, the University of Virginia lawfully may promulgate a policy that prohibits persons from openly carrying a firearm in the buildings that are subject to the policy. Further, with respect to persons who have a concealed carry permit, because the University adopted a policy rather than a regulation, it has not “otherwise prohibited by law” persons with a concealed carry permit from possessing a handgun, and, therefore, the policies may not be used to prohibit persons with such a permit from carrying a concealed firearm into the buildings covered by the policy.|
|11-059||The Honorable Albert C. Pollard,
Member, House of Delegates
|Chapter 573 does not apply to contracts that are primarily for the acquisition of goods, including tomatoes, but that it can apply if the contract is primarily to acquire services. Further Chapter 573 does not apply to subcontractors. Finally, seasonal workers, who return to a contractor’s work site after having left the country and lawfully re-entered, are “newly hired” for purposes of E-Verify if they did not have at all times a reasonable expectation of resuming employment.|
|11-069||J. Vaden Hunt, Esquire
County Attorney, Pittsylvania County
|Based on the plain language of § 4.1-124(A), neither a member of the Board nor the Board in its entirety is authorized to petition the circuit court for a referendum on mixed beverage sales.|