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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.