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Official Opinions


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

Opinion #




The Honorable George W. Grayson
Member, House of Delegates

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
Member, House of Delegates

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
County Attorney for Louisa County

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
Member, House of Delegates

No authority for Colonial Heights City Council to call for advisory referendum regarding establishment of recreation center in city.


The Honorable Phillip A. Hamilton
Member, House of Delegates

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
Member, Senate of Virginia

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.