Back to main opinions page...

2017 Official Opinions

Official opinions will be posted as they are issued, generally within 24 to 48 hours. Please check this page at regular intervals to determine whether additional opinions have been issued.

 

June

Opinion #

Requestor

Summary

17-023

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

The Peninsula Airport Commission has not been authorized by the General Assembly to guarantee payment of loans made to private companies, such as a bank loan to an airline company.
     
17-014 The Honorable Janet D. Howell, Member, Senate of Virginia Virginia Code § 18.2-242, prohibiting retailers from using games or contests to promote the sale of products subject to state and federal excise taxes, which include cigarettes, is not violated where the retailer merely sells packs of cigarettes that contain the manufacturer’s notice of such a contest available for entry on its website.
     

 

 

 

 

 

 

Back to main opinions page...

2016 Official Opinions

Official opinions will be posted as they are issued, generally within 24 to 48 hours. Please check this page at regular intervals to determine whether additional opinions have been issued.

December

Opinion #

Requestor

Summary

16-008 Honorable Rebecca P. Hogan, Clerk, Frederick County Circuit Court

The exemption to the grantor’s tax contained in § 58.1-811(C)(4) of the Code of Virginia does not apply to a Trustee’s Deed where the creditor is a government agency and is named as a grantor for indexing purposes only.

     
16-049 The Honorable Richard H. Stuart, Member, Senate of Virginia

A local school board has the duty and sole authority to select and appoint a temporary replacement for a member who has notified the board of his upcoming military deployment.  After the member returns from deployment, he will return to his position on the school board, where he will serve the remainder of the term to which he was elected.

     
16-053 The Honorable Robert P. Mosier, Fauquier County Sheriff

The Fauquier County sheriff may legally implement a courthouse security plan under which weapons are prohibited throughout the Fauquier County courthouse, subject to the exception for certain public officers and officials set forth in  § 18.2-283.1.

     
16-041 The Honorable Calvin C. Massie, Jr. (1) Public utilities are not exempt from providing information requested by commissioners of the revenue pursuant to § 58.1-3109(6) pertaining to contractors that may be subject to a local business license ordinance; (2) Public utility personnel are likewise not exempt from a summons issued by a commissioner of the revenue in accordance with § 58.1-3110(A) for the purpose of answering, under oath, questions about contractors that may be subject to a local business license ordinance.
     
     
     

 

 

 

 

 

 

 

 

Back to main opinions page...

2014 Official Opinions

Official opinions will be posted as they are issued, generally within 24 to 48 hours. Please check this page at regular intervals to determine whether additional opinions have been issued.

IMPORTANT NOTE:  Official opinions represent the attorney general’s analysis of current law based on his thorough research of existing statutes, the Virginia and United States constitutions, and relevant court decisions.  They are not "rulings" and do not create new law, nor do they change existing law.  Creating and amending laws are the responsibility of the General Assembly, not the attorney general. 

Official opinions are legal advice, not personal opinions, and do not reflect the attorney general’s personal views about what the law should be.  Such advice is provided to ensure clients/the requester are in compliance with the law.  While the opinions may be given deference by the courts, they are not binding on the courts.

The official opinions issued by the attorney general are part of the duties of the office (see Code § 2.2-505). A person authorized by statute, such as the governor, a member of the General Assembly, a constitutional officer, or the head of a state agency, can ask the attorney general for an official opinion on the law. Members of the general public are not authorized to ask for opinions.

 

December

 

Opinion #

Requestor

Summary

14-012 Honorable Terry G. Kilgore, Member, House of Delegates Guidance regarding the nature and treatment, including local taxation, of geothermal resources under Virginia law. 
     
14-022 Colonel W.S. Flaherty, Superintendent, Department of State Police

Guidance regarding the proper procedural steps a law enforcement officer must follow to obtain a blood sample pursuant to the implied consent law where the suspect has been transported to a medical facility for treatment. 

     
14-074

Honorable John T. Frey, Clerk of Court, Fairfax County Circuit Court

The decision in Bostic v. Rainey requires clerks of court to interpret the term “husband and wife” as used in § 58.1-810.3 to include spouses of the same sex.  Accordingly, a deed to which the only parties are married individuals, regardless of whether such individuals are of the same or opposite sex, is exempt from the Virginia Recordation Tax pursuant to § 58.1-810.3.
     
14-068 Walter C. Erwin, III, Esquire, City Attorney, City of Lynchburg An institution of higher education within a city may not allow its employees to operate utility vehicles on public highways within the institution’s property limits unless the city has designated and posted the highways for such use following an appropriate review.
     
14-064 Honorable Richard L. Morris, Member, House of Delegates

Under the facts presented, an absolute prohibition on political booths at a county fair is not constitutionally permissible and charging a higher fee for such booths than others is presumptively unconstitutional unless justified by a compelling governmental interest, and unless it is narrowly drawn to meet that interest.

     
14-056

Honorable Mark D. Obenshain, Member, Senate of Virginia

The State Board of Elections possesses the regulatory authority to define the term “valid” as used in § 24.2-643(B) of the Code of Virginia.
     
14-073 Honorable Robert G. Marshall, Member, House of Delegates

Virginia’s laws voiding bigamous marriages and criminalizing bigamy are constitutional; the Fourth Circuit’s decision in Bostic v. Schaefer does not invalidate §§ 18.2-362, 18.2-363, 20-38.1, 20-40, and 20-45.1 of the Code of Virginia, which prohibit bigamy by all persons, regardless of sexual orientation or gender identity.  Also, bisexual and transgender Virginians, like all Virginians, have the right to marry the person they choose, so long as the marriage is otherwise lawful.

     

 

 

 

 

Return to home page...

Official Opinions*

Documents listed on this page are in Adobe Acrobat Reader format

Official opinions will be posted as they are issued, generally within 24 to 48 hours. Please check this page at regular intervals to determine whether additional opinions have been issued.

IMPORTANT NOTE:  Official opinions represent the attorney general’s analysis of current law based on his thorough research of existing statutes, the Virginia and United States constitutions, and relevant court decisions.  They are not "rulings" and do not create new law, nor do they change existing law.   Creating and amending laws are the responsibility of the General Assembly, not the attorney general. 

Official opinions are legal advice, not personal opinions, and do not reflect the attorney general’s personal views about what the law should be.  Such advice is provided to ensure clients/the requester are in compliance with the law.  While the opinions may be given deference by the courts, they are not binding on the courts.

The official opinions issued by the attorney general are part of the duties of the office (see Code § 2.2-505). A person authorized by statute, such as the governor, a member of the General Assembly, a constitutional officer, or the head of a state agency, can ask the attorney general for an official opinion on the law. Members of the general public are not authorized to ask for opinions.

Official Opinions by Year
    2017 2016
2015 2014 2013 2012
2011 2010 2009 2008
2007 2006 2005 2004
2003 2002 2001 2000
1999 1998 1997 1996

 

Opinions prior to 1996 may be accessed via online searchable databases, including CaseFinder, LexisNexis, and Westlaw (subscriptions required). Some public libraries provide access to LexisNexis or Westlaw for a nominal fee.  Law school libraries generally have copies of the annual report as do county constitutional officers, e.g., circuit court clerks and commissioners of the revenue. The Library of Virginia also maintains copies of the annual reports.

 

 

 

 

 

 

 

 

 

Back to main opinions page...

2015 Official Opinions

Official opinions will be posted as they are issued, generally within 24 to 48 hours. Please check this page at regular intervals to determine whether additional opinions have been issued.

IMPORTANT NOTE:  Official opinions represent the attorney general’s analysis of current law based on his thorough research of existing statutes, the Virginia and United States constitutions, and relevant court decisions.  They are not "rulings" and do not create new law, nor do they change existing law.  Creating and amending laws are the responsibility of the General Assembly, not the attorney general. 

Official opinions are legal advice, not personal opinions, and do not reflect the attorney general’s personal views about what the law should be.  Such advice is provided to ensure clients/the requester are in compliance with the law.  While the opinions may be given deference by the courts, they are not binding on the courts.

The official opinions issued by the attorney general are part of the duties of the office (see Code § 2.2-505). A person authorized by statute, such as the governor, a member of the General Assembly, a constitutional officer, or the head of a state agency, can ask the attorney general for an official opinion on the law. Members of the general public are not authorized to ask for opinions.