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Official Opinions


October 2000 Opinions
Please click on Opinion number to view entire opinion.

Opinion # Requestor Summary

The Honorable J. L. Warren
Clerk, Circuit Court of Smyth County

Criminal costs, which may or may not be contingent upon sentence but are associated with conviction, and traffic fines are nondischargeable in Chapter 7 bankruptcy proceedings. Debt for restitution or criminal fine included in criminal sentence is nondischargeable in Chapter 13 bankruptcy; criminal fines not contingent upon sentence, traffic fines arising from traffic infractions, and civil traffic fines are dischargeable in Chapter 13 bankruptcies.


Mr. Patrick J. Morgan
County Attorney for Louisa County

Louisa County Board of Supervisors may set maximum annual compensation after January 1 and before July 1 in years 2001 and 2003 for staggered-term board members elected or reelected on November 8, 2001, and November 4, 2003; to become effective after January 1 in years 2002 and 2004, respectively.


The Honorable R. Creigh Deeds
Member, House of Delegates

Provision in subdivision ordinance prescribing minimum time period lot must be in existence prior to its subdivision is more expansive than is permitted by subdivision enabling statutes and is void and unenforceable.


Mr. Randall R. Hamilton
Town Attorney for the Town of Berryville

No requirement, as prerequisite to enforcement of Virginia’s traffic laws, that subdivision street in municipality be constructed according to standards established by Department of Transportation and accepted into state secondary highway system. Municipality would be immune from liability for failure to erect or maintain traffic control devices on subdivision streets that are not compliant with Department standards and have not been accepted into state secondary highway system. When streets in municipality are accepted into state secondary highway system by dedication, municipality would not be liable for injury sustained by pedestrian from fall on unpaved or unfinished street or curb.


The Honorable Emily Couric
Member, Senate of Virginia

Board of Education, and not Attorney General, has been delegated authority to determine whether Virginia law permits enrolled, full-time public school student to transfer credit for courses completed outside public school system that offers similar courses.


The Honorable Marsha L. Garst
Commonwealth’s Attorney
  for the City of Harrisonburg and Rockingham County

Local police officers may not enforce statutory fee limit for which owner of trespassing vehicle is liable to towing company, in lieu of towing vehicle.


Mr. William H. Leighty, Director
Virginia Retirement System

Statutory prohibition against allowing member of Virginia Retirement System to receive credit for prior active duty military service may not withstand constitutional scrutiny. Board of Trustees of Retirement System has limited authority to adopt rules and policies to conform conflicting military service credit provisions of Retirement System to federal law which allows credit for same service under state and federal retirement systems.


The Honorable William Page Johnson II
Commissioner of the Revenue for the City of Fairfax

Surety insurance company serving in capacity of bail bondsman is exempt from local business license taxation.