The Supreme Court of Virginia would probably hold that the VCU Health System Authority is a State agency or arm of the Commonwealth for the purposes of sovereign immunity, and therefore entitled to absolute immunity from suit.

Frederick County Commissioner of the Revenue Ellen Murphy

Meals served at an independent living facility that are in excess of the monthly meals charge and that are individually billed to residents are exempt from local meals tax.

The Virginia Scenic Rivers Act does not apply to tributaries of designated rivers unless the designation included tributaries.  Further, the Act does not restrict a landowner's management of surface water on his land abutting a designated waterway.

Lucy Phillips, Esquire, County Attorney for Washington County

A sheriff may assign a deputy to provide full-time security at a public facility such as a program for students that is operated by a community services board in cooperation with a local school system.

Provisions in the Constitution of Virginia and the Code of Virginia limiting marriage in Virginia to one man and one woman are obsolete laws in light of federal court decisions holding them unconstitutional.  The Code Commission is empowered to recommend to the General Assembly that obsolete statutes and Acts of Assembly be repealed.

Julie Langan, Director, Virginia Department of Historic Resources

In deciding whether to remove or relocate a war or veterans monument, localities must consider potential restrictions that may apply by operation of general law (Virginia Code Section 15.2-1812); special Acts of Assembly; terms, conditions or restrictions imposed upon the donation or acquisition of the monument; and legal limitations such as those arising from inclusion of the monument in a preservation or funding program by action of the locality.

The Honorable Aubrey F. Layne, Jr., Secretary of Transportation

The purchase of personal services under the Children's Services Act (the "CSA”) may be exempt from certain competitive process requirements under the Virginia Public Procurement Act when personal services are purchased for individual recipients.  However, the rates for individually contracted services must still be determined by competition in the market place.  Contracts for the bulk procurement of services under the CSA are not exempt, but individually contracted personal services do not have to be bundled together to form a bulk purchase.

Section 16.1-254 of the Code of Virginia authorizes the chief judge of a juvenile and domestic relations district court to order that local law enforcement personnel shall be responsible for transporting violent and disruptive juveniles to court-ordered out-of-state destinations.  However, a law enforcement officer transporting a prisoner in another state has only such law enforcement authority over the prisoner as may be provided by the laws of that state.

Grantor's tax may not be assessed on a deed that conveys real property from a private bank to the Commonwealth, following VDOT's purchase of the property in connection with a highway project.

The National Oceanic and Atmospheric Administration ("NOAA”) is authorized to regulate fishing in designated marine sanctuaries, but has chosen not to exercise that authority in the proposed Mallows Bay-Potomac River National Marine Sanctuary.  Although NOAA cannot be contractually bound to relinquish its authority, any attempt by NOAA to regulate fishing in the Sanctuary would require the concurrence of the Governor of Maryland.

An employer has a statutory duty to notify VRS once it has determined that an employee was convicted of a felony associated with the performance of his job duties.  An employer who relied on the former permissive language of Form VRS-180 in electing not to seek forfeiture must notify the VRS Board of its final determination that an employee was convicted of a felony associated with the performance of his job duties.

Honorable Charniele L. Herring, Member, House of Delegates