2001 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 # |
Requestor |
Summary |
|---|---|---|
| 01-102 | The Honorable Bill Bolling Member, Senate of Virginia |
Election laws referring to ‘incapacitated' and constitutional provision referring to ‘mentally incompetent' as standards for disqualifying person from voting are not in conflict. Court has option to determine whether ‘incapacitated' adjudication rises to standard of mental incompetence necessary to deprive person of his voting franchise. General Assembly has power to eliminate court's option. |
| 00-107 | Mr. Michael M. Collins County Attorney for Alleghany County |
Alleghany County may not offset funding provided to Alleghany-Highlands Economic Development Authority for failed industrial project against minimum amount county is required to remit annually as member of Authority. |
| 01-047 | The Honorable William C. Mims Member, Senate of Virginia |
Question regarding whether law-enforcement officers employed in off-duty capacity are considered to be performing ‘law enforcement activities' for purposes of workers' compensation and personal and property damage liability coverage under local government risk management insurance program requires factual determination rather than interpretation of federal or state law, rule or regulation. Authority of Attorney General to issue official advisory opinions is limited to questions of law. |
| 01-046 | The Honorable Joel C. Cunningham Judge, General District Court of Halifax County |
General district court clerk is not required, nor authorized, to determine whether deferred judgment order is statutorily authorized prior to assessing applicable costs. |
| 01-058 | The Honorable Robert J. McCabe Sheriff for the City of Norfolk |
Statutes relating to rights of victims involved in juvenile matters control over general statutes in Crime Victim and Witness Rights Act relating to rights of victims. Proposed computerized system of victim notification may not be implemented in cases involving juvenile offenders. |
| 00-106 | The Honorable W. Edward Meeks III Commonwealth's Attorney for Amherst County |
Juvenile court has no authority to appoint guardian ad litem for juvenile defendant, in addition to appointment of legal counsel, to represent child in criminal or delinquency proceeding. |
| 00-111 | The Honorable Raymond C. Robertson Commonwealth's Attorney for the City of Staunton |
Duty of teacher or other school administrator who suspects (1) that 18-year-old student is having sexual relationship with 13- or 14-year-old student, or (2) that two students, who are minors and whose age difference falls within purview of § 18.2-63, are engaging in sexual conduct, to report knowledge of such activity to local department of social services for investigation. |
| 01-031 | The Honorable Timothy S. Fisher Judge, Seventh Judicial District of Virginia |
District court is without jurisdiction to order issuance of restricted permit to individual whose conviction for second offense driving while intoxicated occurred in October 1998. |
| 01-080 | The Honorable Richard H. Black Member, House of Delegates |
Person with concealed weapons permit is prohibited from carrying concealed weapon onto property within territorial scope of Virginia State Parks Regulations. |
| 00-097 | The Honorable Dollie M. Compton Clerk, Circuit Court of Russell County |
Circuit court may order payment of restitution prior to payment of court costs. Judge may issue standing order that clerk credit payments made by defendant, as condition of probation, toward restitution before collecting court costs. |
| 01-104 | The Honorable H. Morgan Griffith Member, House of Delegates |
Commonwealth Transportation Commissioner must value outdoor advertising signs in eminent domain cases using fair market valuation. |
| 01-103 | The Honorable William C. Mims Member, Senate of Virginia The Honorable Joe T. May |
Federal Women's Health and Cancer Rights Act and state law require coverage for reconstructive breast surgery in course of treatment of cancer where all or part of breast is surgically removed and coverage for surgery to reestablish symmetry between breasts. Any benefit covered under Act that is not mandated by state law is required by Act. Issue of preemption does not arise where state law requires at least same coverage for reconstructive breast surgery as Act requires. |
| 01-049 | The Honorable Clifford R. Weckstein Judge, Twenty-Third Judicial Circuit |
Person under 18 who has been convicted of committing offense for which demerit points have been assessed or are assessable, or violates safety belt or child restraint laws must attend driver improvement clinic but is prohibited from earning safe driving points. Statute providing that safe driving points shall not be awarded for court-assigned clinic attendance repeals statute authorizing court to determine whether person shall receive safe driving points upon satisfactory completion of driver improvement clinic. |
| 01-090 | The Honorable R. Steven Landes Member, House of Delegates |
Individual who presses ‘pay inside' button at self-service gasoline pump to activate pump to dispense fuel into his motor vehicle and drives away without paying is guilty of gasoline theft and is subject to criminal prosecution under petit larceny laws. |
| 01-078 | The Honorable Jay K. Katzen Member, House of Delegates |
Commonwealth's attorney should use restraint in discretionary exercise of governmental power, such as in selection of cases to prosecute. |
| 01-095 | The Honorable William C. Mims Member, Senate of Virginia |
Town that is not separate school district and that imposed tax on town consumers of local cellular telecommunication service after January 1, 2000, has no authority to impose such tax. |
| 00-020 | The Honorable Mary Lou Ebinger Commissioner of the Revenue for Middlesex County |
Assessment of manufactured home that has become affixed to, and is taxed as, real estate is subject to review by local board of equalization. Assessment of manufactured home that has not become affixed to real estate and is classified as tangible personal property is not subject to review by local board. |
| 00-088 | The Honorable Sharron S. Mitchell Clerk, Circuit Court of the City of Fredericksburg |
Subject credit line leasehold deed of trust presented for recordation in accordance with bankruptcy court's order confirming debtor's plan of reorganization is not subject to state and local recordation taxes. |
| 01-055 | The Honorable Rossie D. Alston Jr. Judge, Circuit Court of Prince William County |
Circuit court may not waive order of reference to local director of social services for investigation and report to be undertaken in stepparent adoption proceeding when consent by noncustodial birth parent has not been obtained. |
November
|
Opinion # |
Requestor |
Summary |
|---|---|---|
| 01-122 | The Honorable Walter A. Stosch Member, Senate of Virginia |
Bank or savings institution may impose returned check processing charge in such amount as agreed, in writing, by borrower, regardless of statutory limitations on returned check processing charges in context of civil actions seeking recovery for such charges. |
| 00-087 | Mr. Michael D. Clower Executive Director, Chesapeake Bay Local Assistance Department |
Chesapeake Bay Local Assistance Board has authority to intervene in, institute or take legal and administrative actions on its own or on behalf of person who believes Tidewater Virginia jurisdiction is disregarding its zoning ordinances or misinterpreting Board criteria designed to protect quality of state waters within designated preservation areas, and to ensure compliance with Act and Board regulations. Act does not authorize Executive Director of Chesapeake Bay Local Assistance Department or Board to issue cease and desist order to locality that is violating Act and request Attorney General to seek injunction against locality that violates order. |
| 01-071 | The Honorable Marilyn L. Wilson Clerk, Circuit Court of Amelia Co. The Honorable John T. Frey Clerk, Circuit Court of Fairfax Co.
|
Requirement that circuit court clerk charge, according to number of pages or sheets, (1) for recording document without plat, incrementally prescribed fee plus $1 fee for admitting writing to record; and (2) for recording document in conjunction with plat, incrementally prescribed fee for document, and same fee for plat plus $1 fee for admitting writing to record. Clerk must charge single fee prescribed for recording certificate of satisfaction releasing original deed of trust and any modifications to original deed, plus $1 fee required for admitting writing to record. |
| 01-089 | The Honorable Kenneth W. Stolle Member, Senate of Virginia |
Law-enforcement officer conducting search as conservator of peace with special police powers acts in law-enforcement capacity seeking evidence of crime and must meet standard of probable cause of arrest to justify search. School searches conducted by school safety officer as school official must be reasonably based on individualized suspicion of wrongdoing; searches conducted by school safety officer as conservator of peace must be assessed in terms of probable cause. |
| 01-057 | The Honorable Thomas M. Moncure Jr. Clerk, Circuit Court of Stafford Co. |
No requirement that circuit court clerk investigate proof of facially valid ordination or certificate to determine authenticity of given religious society or denomination. Clerk has discretionary authority to make order authorizing minister to celebrate rites of matrimony. |
| 01-081 | The Honorable S. Chris Jones Member, House of Delegates |
Decision by State Board of Elections that candidate's campaign committee may pay for expenses of campaign only with check drawn on campaign depository and paid directly to vendor providing service is entitled to great weight. No authority for staff member of candidate's campaign committee to pay for office supplies with personal credit card and to be reimbursed by check drawn on campaign depository for amount of purchase. |
| 01-117 | The Honorable Martin E. Williams Member, Senate of Virginia |
State Building Code supersedes design elements in Suffolk city ordinance requiring use of specific building materials and finishes in construction of all buildings. |
| 01-106 | The Honorable Sharon M. McDonald Commissioner of the Revenue for the City of Norfolk |
Commonwealth and its instrumentalities, including Norfolk State University, are not subject to duty of collecting local admissions tax charged for attendance at classified public and private events. Ordinance purporting to impose duty on Commonwealth or its instrumentalities to collect admissions tax is ultra vires. |
| 01-083 | The Honorable Raymond Lee Richards Commissioner of the Revenue for the City of Charlottesville |
Motor vehicle owned by serviceman domiciled in Virginia and parked or garaged in Germany is not subject to local tangible personal property taxation. |
October
|
Opinion # |
Requestor |
Summary |
|---|---|---|
| 01-101 | The Honorable Thomas C. Wright Jr. Member, House of Delegates |
Institutional Review Board is not ‘public body' subject to the Act's disclosure requirements. Records generated by such board are not ‘public records' prepared, owned or possessed by public body; are not required to be open for public inspection. Act's open meeting requirement does not apply to meetings of Institutional Review Boards and human research review committees. |
| 01-093 | The Honorable Judy L. Worthington Clerk, Circuit Court of Chesterfield County |
Circuit court, and not clerk, must make specific finding that indigent defendant has demonstrated particularized need for free copy of his trial transcript. Funds expended for preparation of transcript for indigent defendant may be reimbursed pursuant to circuit court order specifically providing for such payment. Indigent defendant previously provided with copy of arrest warrant, indictments and conviction orders is not entitled to additional copies. Circuit court clerk may not waive fees for copying document previously furnished to indigent defendant at no charge. |
| 01-088 | The Honorable Glenn M. Weatherholtz Member, House of Delegates |
Locality, which contributes to its retirees' health insurance, may take into account state credit paid toward health insurance of retiree of local constitutional officer. |
| 01-091 | The Honorable William Page Johnson II Commissioner of the Revenue for the City of Fairfax | Commissioner of revenue may publish on Internet web page names of businesses licensed to do business in commissioner's locality. |
| 01-035 | The Honorable Ross A. Mugler Commissioner of the Revenue for the City of Hampton |
Exception to federal preemption applies to local license tax levied on businesses participating in TRICARE health insurance program because tax is imposed on broad range of business activity and not solely on cost of individual heath care benefits. |
| 00-108 | The Honorable Susan P. Ford Commissioner of the Revenue for Powhatan County |
Commissioner of revenue has no authority to effect change in real property ownership on land books based on recorded deed of gift, with attached holographic will that has not been recorded or probated. |
September
|
Opinion # |
Requestor |
Summary |
|---|---|---|
| 01-079 | The Honorable William C. Mims Member, Senate of Virginia |
Every offer or extension of consumer credit within Commonwealth must be in compliance with Federal Truth-in-Lending Act and Regulation Z. State law claims are precluded where conduct forming basis of claim is regulated by federal law. Borrower who disputes lender's ability to establish cut-off or reasonable hour for posting payments to his account is limited substantively and procedurally to remedies and recovery allowed under federal law; is prohibited from recasting his claim under other state law theories. |
| 00-076 | The Honorable J.S. Walton Sheriff for King William County |
Authority of King William County sheriff's office on Mattaponi and Pamunkey Indian reservations in county. Same protections of law of Commonwealth are extended to tribal members as are extended to nonmembers. King William County sheriff's office may exercise same law-enforcement authority on Pamunkey and Mattaponi Indian reservations as elsewhere in county—may serve legal process, arrest warrants, and subpoenas, and investigate misdemeanors and felonies. |
| 01-073 | The Honorable Gail S. Berry Treasurer for Greene County |
Duty of county sheriff to enforce local ordinance requiring vehicle owners to display current county decals. |
| 01-075 | The Honorable Riley E. Ingram Member, House of Delegates |
Buildings owned and used as schools by City of Hopewell are "public places" that may not be sold without recorded three-fourths affirmative vote of all members elected to city council. |
| 01-021 | The Honorable Michael J. Valentine Judge, Juvenile and Domestic Relations District Court |
Juvenile court has jurisdiction to try case involving adult charged with driving in reckless manner which places person of juvenile in danger. |
August
|
Opinion # |
Requestor |
Summary |
|---|---|---|
| 01-042 | Mr. George Mason III County Attorney for Westmoreland Co. |
Town that proposes to extend its sewage system into adjacent county without sewage system and sewerage services is not required to give notice and submit application to county for approval of extension. |
| 01-076 | The Honorable Donald L. Moseley Secretary of Administration |
Qualified organization authorized to remove proceeds from pull tabs sales from its gross receipts is exempt from permit requirement, provided annual gross receipts resulting from charitable gaming do not exceed $25,000. Charitable Gaming Commission must enforce audit, inspection and enforcement requirements of charitable gaming statutes that are not predicated on organization's gross receipts. Charitable gaming statutes do not restrict organization's use of proceeds from pull tabs games. |
| 01-043 | The Honorable Geraldine M. Whiting Commissioner of the Revenue for Arlington County |
Commissioner of revenue may disseminate to treasurer or his employees confidential meals tax information that is necessary for treasurer to fulfill his duty to collect meals taxes. Bank designated by treasurer as depository to receive payments due county has authority to receive meals tax payments; its knowledge of proprietary information related to treasurer's collection is not tantamount to violation of secrecy of information provisions. |
| 01-029 | The Honorable Brenda B. Rickman Commissioner of the Revenue for the City of Franklin |
Restaurant is not entitled to refund of local meals taxes erroneously collected from customers and remitted to county. |
July
|
Opinion # |
Requestor |
Summary |
|---|---|---|
| 01-059 |
The Honorable Kevin G. Miller |
State senator may move his residence from City of Harrisonburg to Shenandoah County, which is included in reapportioned 26th Senatorial District precleared by U. S. Department of Justice, and complete his term of office through year 2003. |
| 01-033 |
The Honorable Harvey L. Bryant III |
Specific statute governing role of local offices of consumer affairs and conferring upon such offices power to resolve consumer complaints through mediation is controlling over more general mediation or confidentiality statutes. |
| 01-064 |
The Honorable L. Karen Darner |
Nonresident condominium unit owner whose unit leases for period less than 20 years has not disposed of unit and is not disqualified from membership eligibility on unit owners' association board of directors. |
June
|
Opinion # |
Requestor |
Summary |
|---|---|---|
| 01-050 |
The Honorable R. Steven Landes |
Response to question whether Right to Farm Act supersedes local zoning ordinance and permits use of aircraft in surveillance of crops, livestock and property and to pick up repair parts and supplies is inconclusive. |
| 01-041 |
The Honorable Robert H. Brink |
Classified state employee, serving at deputy director level at state governmental agency within executive branch, may seek election to and serve in General Assembly, assuming he exercises no function in connection with federally financed activity, in violation of Hatch Political Activity Act. |
| 01-052 |
The Honorable Johnny S. Joannou |
Attorney General declines to render opinion: (1) whether ordinance delegating authority to architectural review board to determine historical significance of vacant parochial school building for purposes of demolition by church is invalid on its face; such function is properly left to local authority responsible for adoption and enforcement of ordinance; (2) whether decision of architectural review board places substantial burden on religious exercise of church; such decision requires analysis of facts and circumstances rather than interpretation of law; (3) whether review board's denial of church's permit application constitutes unconstitutional ‘taking.' Department of Historic Resources is appropriate agency to determine whether building located in historic district and labeled ‘ruin' may be removed. |
| 01-013 |
The Honorable Edward DeJ. Berry |
Fingerprints of juveniles may be taken only when juvenile is taken into custody. Juvenile who has been issued summons by law-enforcement officer for possession of marijuana and is not taken into custody may not be fingerprinted. |
| 01-001 |
The Honorable Matthew J. Britton |
Victims' Services Section of Department of Criminal Justice Services, rather than Attorney General, is appropriate agency to determine what constitutes special circumstances dictating course of action other than arrest in matters involving family violence. |
| 01-045 |
The Honorable Joe T. May |
Jurisdiction of Purcellville Police Department to patrol and enforce laws of Commonwealth may not be extended from 300-yard restriction to 1 mile beyond corporate limits of town. |
| 01-025 |
The Honorable H. Russell Potts Jr. |
Discretionary authority of local law-enforcement authorities to share with public schools officials information concerning any offense committed by student(s) off school property on school bus, school property, or at school-sponsored activity that would be criminal offense if committed by adult. |
| 01-063 |
The Honorable Kenneth W. Stolle |
Emergency Medical Treatment Act does not preempt or conflict with statutes governing Commonwealth's involuntary commitment process for mentally ill adults in need of hospitalization. Act complements process by providing court with authority to place individual at any hospital with emergency room departments that execute Medicare provider agreements. Organizations affected by Emergency Medical Treatment Act and Virginia laws governing involuntary commitment process must comply with requirements of both laws; should develop annual written agreements with community services boards to reach satisfactory arrangements for provision of qualified examiners to perform evaluation services. |
| 01-022 |
The Honorable Roy F. Evans Jr. |
1995 resolution establishing Southwest Virginia Community Corrections Program, and providing for Southwest Virginia Community Criminal Justice Board to select consenting participating city or county to act as administrator and fiscal agent for funds awarded to implement local community-based probation programs and services, does not comply with statutory requirement that governing authorities of participating localities select administrator and fiscal agent. |
| 01-051 |
The Honorable John J. Welch III |
Chiropractors may lawfully provide physical therapy modalities as part of treatment program for patients and, therefore, practice physical therapy. |
| 01-006 |
The Honorable Albert Teich Jr. |
Authority of Virginia limited liability company to serve as trustee in deed of trust on real property. |
| 01-054 |
The Honorable Terry G. Kilgore |
Commissioner of revenue is proper official to determine whether rental property owned by town is exempt from real estate taxation. |
May
|
Opinion # |
Requestor |
Summary |
|---|---|---|
| The Honorable H. Morgan Griffith Member, House of Delegates |
General Assembly may amend 2000 Appropriation Act by means of limited purpose bills rather than by comprehensive budget amendment bill that amends entire Act. | |
| The Honorable John R. Newhart Sheriff for the City of Chesapeake |
Sheriff may hold public sale of personal property seized under fieri facias or distress warrant on private property of debtor. Authority and duty to establish place of sale falls within sheriff's discretion. Expenses incurred for movement or storage of property or other costs of sale are deductible from sale proceeds. | |
| The Honorable Randy N. Williams Commissioner of the Revenue for Russell Co. |
Commissioner of revenue has no authority to contract with private statistical company to prepare, during normal working hours, report regarding data on new construction and buildings. | |
| Mr. Michael R. Packer City Attorney for the City of Petersburg |
Mayor of City of Petersburg may remove commissioners of Petersburg Hospital Authority for inefficiency, neglect of duty or misconduct, only after commissioners have been given copy of charges against them at least 10 days prior to hearing at which they have opportunity to be heard. | |
| The Honorable Robert E. Maxey Jr. Sheriff for Campbell Co. |
Interjurisdictional law-enforcement authority of sheriff's office to go beyond locality served by sheriff is limited to activities prescribed by statute. Officer properly engaged in activity so prescribed beyond territorial limits of his locality is authorized to act in same manner and is subject to same limitations as would apply to law-enforcement officer of extraterritorial locality responding to such activities. | |
| The Honorable H. Morgan Griffith Member, House of Delegates |
Formation of tax exempt corporation for purpose of educating public on political position relating to matter of governmental policy constitutes "political purpose," permissible under Act. Group of elected officials may form corporation, or political action committee, exempt from federal taxation, for purpose of influencing public policy. | |
| The Honorable Paul J. Lanteigne Sheriff for the City of Virginia Beach |
Sheriff is not required to notify Department of Motor Vehicles of levy on motor vehicle pursuant to writ of fieri facias that is not accompanied by his actual seizure of vehicle. Lien resulting from fieri facias will not appear on certificate of title to such vehicle; transfer of title to bona fide purchaser is free and clear of any lien. Vehicle levied on but not seized by sheriff and sold by debtor may not be sold at sheriff's auction. | |
| The Honorable Clinton Miller, Chairman State Corporation Commission |
Commonwealth may not levy electric and natural gas consumption taxes on diplomats from foreign countries to whom Secretary of State has granted diplomatic immunity from taxation; such prohibited taxation extends to portion of taxes remitted to localities. Method of identifying foreign nation diplomats for purposes of exemption from electric and natural gas consumption taxes. | |
April
|
Opinion # |
Requestor |
Summary |
|---|---|---|
| 01-028 | The Honorable Margaret P. Spencer, Judge Circuit Court of the City of Richmond |
City of Richmond may use funds derived from fees assessed for certain civil actions and court cases to defray increases in cost of heating, cooling, electricity, and ordinary maintenance of courthouses located within city; may not use such funds to pay entire cost of utilities and routine courthouse maintenance. |
| 01-002 |
The Honorable Kenneth W. Stolle |
Risk assessment instrument developed by Virginia Criminal Sentencing Commission for integration into state's sentencing guidelines for sex offenses does not violate federal or state constitution. |
| 01-016 |
The Honorable Melanie L. Rapp |
York County special election to be held November 6, 2001, to fill vacated position on board of supervisors must be conducted based on election districts existing at time of election. Election following redistricting must be conducted based on new district that most closely approximates district from which supervisor originally was elected. |
March
|
Opinion # |
Requestor |
Summary |
|---|---|---|
|
Mr. George P. Ramsey III |
Virginia Aviation Board may enter into loan agreement to borrow money and issue note to finance infrastructure projects at airport facility owned by local government, upon approval of Treasury Board, provided Aviation Board receives appropriations or grants to finance such projects at airports categorized as air carrier, air carrier/reliever, and general aviation, and infrastructure projects fall within context of constructing, enlarging or improving airport facility. |
|
|
The Honorable Jay K. Katzen |
Vint Hill Farms Economic Development Authority is exempt from competitive procurement procedures of Act with respect to acquisition of property; is not exempt with regard to procurement of contract for services. |
|
|
The Honorable Ross A. Mugler |
Deduction for long distance telephone call charges from gross receipts of mobile telephone company for local business license tax purposes is not applicable to carrier costs incurred by company. |
|
February
|
Opinion # |
Requestor |
Summary |
|---|---|---|
| The Honorable H. Morgan Griffith Member, House of Delegates |
Constitution does not prohibit General Assembly from convening special session following adjournment sine die of 2001 Regular Session to conduct decennial reapportionment, recessing special session to convene reconvened session, and resuming special session upon adjournment sine die of reconvened session. | |
| The Honorable James F. Almand Member, House of Delegates |
Construction of new Westover Library in Arlington County on different site than its present location is permitted by bond referendum approved by county's voters in 1998. Proposed construction does not constitute substantial change from question posed to voters. | |
| The Honorable Kenneth W. Stolle Member, Senate of Virginia |
Supermajority vote requirement does not apply to sale of right-of-way in Virginia Beach that does not constitute "public place." | |
| The Honorable Malfourd W. Trumbo Member, Senate of Virginia |
State school funding continues to be distributed to localities operating school system resulting from consolidation of separate systems only when such funds have been distributed to each locality prior to consolidation of governmental program or function. Joint school system operated by county and city and two school boards pursuant to written agreement did not result from consolidation of two separate systems. Consolidation will occur upon transition of city to town status, and current state school funding distribution will continue, in accordance with statutory schedule. | |
| The Honorable Malfourd W. Trumbo Member, Senate of Virginia |
City of Covington must abide by charter provisions governing apportionment of costs and expenses of sheriff elected conjointly with Alleghany County, with regard to funding regional juvenile detention center that is part of sheriff's budget; may not authorize its share of operational costs of detention center to be determined separately from county under separate lease agreement. | |
| The Honorable H. Morgan Griffith Member, House of Delegates |
Legislator's receipt of campaign contribution in check form on January 9, 2001, amounts to acceptance of contribution prior to commencement of 2001 Session of General Assembly and is lawful. | |
| The Honorable Paul Clinton Harris Sr. Member, House of Delegates |
Storage of items such as sparklers, fountains and similar types of displays on private property is not prohibited by Act or Fire Prevention Code, unless locality adopts more restrictive provisions. | |
| The Honorable John H. Rust Jr. Member, House of Delegates |
Duty of Norfolk city treasurer to collect outstanding fines owed for violation of city code governing vehicular parking before issuing license decals to delinquent applicant is not discretionary; treasurer may not refuse to enforce Norfolk city code. | |
| Mr. Richard D. Holcomb Commissioner, Department of Motor Vehicles |
Amendments proposed in 2001 Appropriation Act satisfy conditions regarding general fund revenues required to implement additional phase of personal property tax reduction. Requirement that tax bills reflect 70% tax reduction on their face must be followed by all localities. Procedures for levying or reimbursing taxes should legislature change reimbursement percentage amount for any tax year after locality has printed its tangible personal property tax bills. | |
January
|
Opinion # |
Requestor |
Summary |
|---|---|---|
|
The Honorable George W. Grayson |
Substantial, rather than strict, compliance with regulatory procedure for validating breath test device is sufficient. Regulatory procedure complies with statutory requirements for validating breath tests to be used as evidence in prosecutions. |
|
|
The Honorable Harry J. Parrish |
Ten-year period specified for revocation of driver's license upon second conviction of driving under influence of alcohol or drugs is calculated for adult, from first to second conviction, and for juvenile, between two findings of guilt. |
|
|
Mr. Patrick J. Morgan |
Circuit court clerk vacancy is to be filled promptly on Tuesday date that falls within purview of statutory limitations for holding special elections. November general election day is among dates court may consider for holding such election. |
|
|
The Honorable M. Kirkland Cox |
No authority for Colonial Heights City Council to call for advisory referendum regarding establishment of recreation center in city. |
|
|
The Honorable Phillip A. Hamilton |
Transfer of $15.9 million from 2000-2002 biennial budget, containing approximately $5 million in anticipated excess revenues, prior to enactment, effected tax relief in manner consistent with terms of Tax Relief Act and Appropriation Acts for 1998-2000 biennium. Criteria established in Tax Relief Act for funding tax relief exceeding estimates of Department of Motor Vehicles is consistent with constitutional mandate directing General Assembly to establish criteria ensuring equitable expense-revenue ratio. Provided Governor proposes budget amendments addressing difference between estimated cost of funding personal property tax relief for year ended June 30, 2000, and localities' requests for reimbursements of their qualifying reduced revenues for that year, revenues will be sufficient to meet expenditures, and $15.9 million transfer will not create unbalanced budget, in violation of Constitution. Responsibility of Comptroller to reimburse localities for reduced personal property tax revenues attributable to contemplated tax relief within 2 business days of submission of proper claims is consistent with Appropriation Acts and Tax Relief Act, and is presumed consistent with Constitution. Transfer of funds to meet reimbursement requirements of Act, therefore, was authorized by General Assembly. |
|
|
The Honorable Warren E. Barry |
Gasoline retailer who meets definition of "distributor" and complies with licensure requirements described in Act may be licensed by Commissioner of Department of Motor Vehicles as distributor. Jobber may be licensed either as distributor or transporter of motor fuel to gasoline retailer. Liability for payment of tax on motor fuel removed from terminal rack. First person who receives fuel upon its removal from terminal, and who is not simply motor fuel transporter, is entitled to 1% collection allowance upon remittance of tax payment to supplier. Legislative decision to permit entity that pays supplier for fuel at terminal rack to take advantage of 1% discount does not create classification between jobbers and gasoline retailers that would constitute prohibited special legislation. |
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