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1999 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.
*Section 2.1-118 of the Code of Virginia authorizes the Attorney General of Virginia to render official opinions to the Governor, members of the General Assembly, judges, the State Corporation Commission, state agency heads, and certain local officials. The Honorable Mark L. Earley was sworn in as Attorney General at noon, January 17, 1998. The Honorable Richard Cullen served as Attorney General of Virginia from June 11, 1997, to January 17, 1998. The Honorable James S. Gilmore, III, served as Attorney General during 1996 until his resignation on June 11, 1997.
December
Opinion #
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Requestor
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Summary
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99-071 |
Mr. Joseph Benedetti
Director, Department of Criminal Justice Services
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Ordinance incorporating by reference crimes classified as misdemeanors |
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99-064 |
The Honorable John T. Frey
Clerk, Circuit Court of Fairfax County
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Applicant's name on notary commission |
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99-086 |
The Honorable Philip Hamilton
Member, House of Delegates
|
Substitution of chemically dissimilar drugs |
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99-111 |
The Honorable Robert G. Marshall
Member, House of Delegates
|
Copies of board meeting minutes subjects to board approval |
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November
Opinion #
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Requestor
|
Summary
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99-047 |
The Honorable John T. Frey
Clerk, Circuit Court of Fairfax County
|
Substitute power of Attorney |
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99-057 |
Mr. Jacob P. Stroman IV
County Attorney for Gloucester County
|
Charities exempt from food and beverage tax |
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99-063 |
The Honorable Ross A. Mugler
Commissioner of the Revenue for the City of Hampton
|
Disclosure of information on distress warrant |
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99-056 |
The Honorable Richard H. Black
Member, House of Delegates
|
Authority of private process server |
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99-039 |
The Honorable W. Edwards Meeks
Commonwealth’s Attorney for Amherst County
|
Public school officials request for drug search |
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99-098 |
The Honorable Mary Margaret Whipple
Member, Senate of Virginia
|
Circuit court restoration of felon's civil rights |
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99-046 |
Mr. Thomas R. Robinett
City Attorney for the City of Winchester
|
Winchester city attorney may prosecute criminal violations |
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99-073 |
The Honorable R. Steven Landes
Member, House of Delegates
|
Ability of town to provide electric service |
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99-060 |
The Honorable Robert S. Bloxom
Member, House of Delegates
|
District court may modify another state's child support order |
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99-045 |
Mr. Richard D. Holcomb
Commissioner, Department of Motor Vehicles
|
DMV authority to impose license restrictions and asess demerits |
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99-055 |
The Honorable Thomas G. Baker
Member, House of Delegates
|
Contract between physician and patients |
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October
Opinion #
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Requestor
|
Summary
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99-054 |
Dr. James R. Perkins
President, Blue Ridge Community College
|
Community college employee may not accept cash bonus |
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99-049 |
The Honorable William J. Howell
Member, House of Delegates
|
Board of supervisors must file disclosure statement |
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99-051 |
The Honorable Walter A. Stosch
Member, Senate of Virginia
|
Members of a 7 member state board confer by telephone |
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99-058 |
The Honorable M. Kirland Cox
Member, Senate of Virginia
|
Bid restrictions on transfers of city-owned property |
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99-038 |
The Honorable Rex A. Davis
Clerk, Circuit Court for the City of Newport News
|
Attorney for accused requests copy of certificate of analysis |
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99-037 |
The Honorable Jay W. DeBoer
Member, House of Delegates
|
School board election |
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99-044 |
The Honorable Vincent F. Callahan Jr.
Member, House of Delegates
|
Constitutional requirements advertising and receiving public bids |
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99-094 |
The Honorable T Thomas W. Moss Jr.
Speaker of the House of Delegates
|
Authority to regulate nontidal wetlands |
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99-074 |
The Honorable William K. Barlow
Member, House of Delegates
|
Calculation of roll back taxes |
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September
Opinion #
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Requestor
|
Summary
|
99-033 |
Mr. Sam Kornblau
Chairman, Board of Commissioners
Virginia Housing Development Authority
|
VHDA and Conflict of Interest Act |
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99-007 |
The Honorable Paul D. Greer
Judge, Juvenile and Domestic Relations District Court for Washington & Smyth Counties/City of Bristol
|
Preliminary protective order to protect child |
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99-072 |
The Honorable Charles D. Griffith Jr.
Commonwealth’s Attorney for the City of Norfolk
|
Prosecution of unlawful hazing activities |
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98-114 |
The Honorable John M. White-Hurst
Commonwealth’s Attorney for Mecklenburg County
|
Patient medical records in response to subpoena |
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98-086 |
The Honorable William D. Spence
Sheriff of Orange County
|
Alternative prisoner incarceration program |
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98-110 |
The Honorable Philip J. Kellam
Commissioner of the Revenue for the City of Virginia Beach
|
Licenses taxes and travel agencies |
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99-035 |
Brenda B. Rickman |
Privacy Protection Act |
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99-083 |
Ms. Nita K. Stanley
Town Attorney for the Town of Ridgeway
|
Consumer utility tax |
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August
Opinion #
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Requestor
|
Summary
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99-020 |
The Honorable Phillip Hamilton
Member, House of Delegates
|
At-Risk Youth and Families |
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99-070 |
The Honorable William C. Mims
Member, Senate of Virginia
|
Va. Electric Utility Restructuring Act |
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99-028 |
The Honorable Walter A. Stosch
Member, Senate of Virginia
|
Va. Consumer Protection Act |
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99-052 |
The Honorable Eric Cantor
Member, House of Delegates
|
Executions & Other Means of Recovery Process |
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99-087 |
Emmett W. Hanger Jr. |
Franchise & Officers (Qualifications of Voters) |
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99-024 |
David P. Bobzien |
Campaign Finance Disclosure Act |
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99-043 |
Andrew R. McRoberts |
Crimes Against Administration of Justice |
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99-021 |
David P. Bobzien |
Fair Housing - Human Rights |
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99-026 |
D. Gregory Baker |
Psychiatric Inpatient Treatment of Minors Act |
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99-015 |
James L. Williams |
License Taxes |
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99-067 |
Richard H. Black |
Collection of personal property taxes |
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July
Opinion #
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Requestor
|
Summary
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99-040 |
Clarence E. Phillips |
Silvicutural activities |
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99-053 |
Jack Roberts |
Open Space Land Act |
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98-083 |
Philip J. Kellam |
Va. Real Estate Cooperative Act |
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99-062 |
John J. Davies |
Deliquency Prevention and Youth Development Act |
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98-105 |
A.D. Mathews Sr. |
Local Gov't Officers and Budget Amendment |
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98-060 |
Stephen O. Simpson |
Northern Va. Criminal Justice Academy |
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99-065 |
S. Vance Wilkins Jr. |
Reasonable Selection of Method Rule |
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99-016 |
William B. Allen |
Tuition Assistance Grant Act |
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99-005 |
David N. Grimes |
Home/electronic Incarceration Program |
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98-085 |
Russell O. Slayton Jr. |
Local Gov't (County and City Officers) |
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99-068 |
William L. Wimbish |
Va. Residential Landlord and Tenant Act |
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June
Opinion #
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Requestor
|
Summary
|
PDF |
Joyce A. Fuller |
Administration of Government Generally |
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PDF |
Anne P. Petera |
Property and Conveyances |
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PDF |
Ray A. Conner |
Taxation |
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PDF |
Lee A. Stoffregen |
Taxation |
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PDF |
William G. Boice |
Welfare |
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PDF |
Walter A. Stosch |
Banking and Finance |
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PDF |
W.A. Talley Jr. |
Civil Remedies and Procedure |
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PDF |
Kathy J. Byron |
Conservation |
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PDF |
Steve M. Draper |
Counties |
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PDF |
Eric Cantor |
Counties |
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PDF |
Walter A. Stosch |
Health |
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PDF |
John J. Davies |
Motor Vehicles |
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PDF |
Ross A. Mugler |
Taxation |
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May
Opinion #
|
Requestor
|
Summary
|
PDF |
Paul Mahoney |
Dog attacks |
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PDF |
John Newhart |
writ of possession |
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PDF |
Emmett Hanger |
medical malpractice hearings |
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PDF |
James Cromwell |
Retirement contributions |
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PDF |
Michael Wolfe |
List of heirs |
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April
Opinion #
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Requestor
|
Summary
|
PDF |
Patricia Ticer |
School board meetings |
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PDF |
William Mims |
Student citizenship |
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PDF |
Riley Ingram |
Eligibility for VRS retirement benefits |
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PDF |
Alfred Anderson |
Use of accord and satisfaction in paying taxes |
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March
Opinion #
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Requestor
|
Summary
|
PDF |
Harry J. Parrish |
Sanitary districts |
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February
Opinion #
|
Requestor
|
Summary
|
PDF |
A. Victor Thomas |
Motor vehicles on greenways |
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PDF |
Walter Stosch |
Arrest powers of security officers |
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PDF |
Patricia Scales |
Dog ordinances |
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PDF |
Michael M. Foreman |
Social Security number of marriage license applications |
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PDF |
C. Richard Cranwell |
Unattended vehicles |
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January
Opinion #
|
Requestor
|
Summary
|
PDF |
Phillip Hamilton |
FOIA application to meeting through electronic means |
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PDF |
Jane H. Woods |
Date for effective change of medicare reimbursement policy |
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PDF |
Jackie T. Stump |
Appalachian school of law |
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PDF |
Harry J. Parrish |
Industrial Development authority entering into private contract |
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PDF |
I. Vincent Behm Jr. |
Computer models for inspection warrants |
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PDF |
Phillip Hamilton |
Paramedics obtaining immunization information |
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PDF |
Marian Van Landingham |
Parental consent for immunication information |
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PDF |
Marsha Compton Fielder |
Taxation - line of duty exclusion |
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