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Official Opinions

 

February 2001 Opinion Index
Please click Opinion number to view entire opinion.


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.