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Official Opinions


March 2002 Opinions

Please click on Opinion number to view entire opinion.

Opinion # Requestor


01-077 The Honorable Carol W. Black
Clerk, Circuit Court of Bedford County
Statutory requirement that social security or other control numbers appearing on marriage licenses not be disclosed applies retroactively to licenses filed on and after July 1, 1997. Attorney General declines to comment on practicability of devising method by which marriage licenses processed and imaged since 1997 may be changed to comply with statutory nondisclosure requirements.
01-085 Mr. Henry A. Thompson, Sr.
County Attorney for Sussex County
Governance of biosolids activities within Commonwealth resides with Department of Health. Local ordinance requiring applicant to obtain conditional use permit before applying or storing biosolids in locality is preempted by comprehensive state program regulating biosolids use.
01-114 The Honorable Robert J. Deeds
Sheriff for Williamsburg-James City County
Sheriff maintains custody of individual transported to medical facility for emergency medical evaluation and treatment until individual is delivered to temporary detention facility upon final execution of order.
01-096 Mr. William C. Shelton
Director, Department of Housing and Community Development
Municipality has no authority to enforce Statewide Fire Prevention Code on state property if agreement has not been entered into with State Fire Marshall, or Director of Department of Housing and Community Development, for enforcement of Code. Localities have no authority to enforce Building Code against Commonwealth through their building inspectors.
01-125 The Honorable James L. Williams
Treasurer for the City of Portsmouth
Statute of limitations for collection of all local taxes, including food and beverage taxes, begins to run on December 31 of year to which tax is attributable, i.e., year for which tax was assessed.
01-065 The Honorable John R. Newhart
Sheriff for the City of Chesapeake
Sheriff is chief law-enforcement officer of office of sheriff for purposes of issuing concealed weapons permits to retired deputies.
02-024 The Honorable Ryan T. McDougle
Member, House of Delegates

No constitutional prohibition against member of House of Delegates serving as temporary assistant Commonwealth’s attorney.

02-006 The Honorable Thomas C. Wright, Jr.
Member, House of Delegates
Cigarette manufacturer’s sweepstakes promotion at retail establishment is prohibited.


The Honorable Geraldine M. Whiting
Commissioner of the Revenue for Arlington County

Treasurer may not demand payment of business, professional and occupational license taxes that have not been assessed. Taxpayer is under no obligation to remit such tax payments until they are assessed and due. To extent confidential tax information maintained by commissioner of revenue needs to be obtained by treasurer or bank acting as depository, dissemination of otherwise confidential taxpayer information is allowable.

01-094 Mr. David W. Rowan
Town Attorney for the Town of Onancock
Town may appropriate public funds to support local business and civic association’s annual Regatta, but may not contribute in-kind services of town employees to assist in setting up Regatta and loan of town-owned equipment. No statute requires town to obtain and examine governing documents of organizations to which it makes contributions. Association is not "public body" under Act; documents of Association are not subject to Act’s public records disclosure requirements. Attorney General declines to comment regarding obligation of town manager to take action in response to citizen complaint regarding alleged improper action by town council or mayor. Authority of town to make cash contribution to Central Accomack Little League.