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Official Opinions


November 2002

Please click on Opinion number to view entire opinion.

Opinion # Requestor


02-069 The Honorable John M. O’Bannon, III
Member, House of Delegates
Authority of Governor to suspend licensure requirements of health professionals, enforce quarantines, and control and allocate services and resources under federal and state emergency services programs in response to state of emergency. Requirement that Commonwealth provide just compensation for taking of private resources.
02-088 The Honorable Richard H. Black
Member, House of Delegates

The Honorable Thomas Davis Rust
Member, House of Delegates

Church property, which is in process of being developed for its intended use and is being used for certain church-related activities, may be tax exempt. Determination depends on question of fact reserved for local commissioner of revenue or other appropriate taxing official.
02-089 The Honorable Vincent F. Callahan, Jr.
Member, House of Delegates
Fairfax County School Board has no authority to add sexual orientation as category in its nondiscrimination policy, absent enabling legislation.
02-094 The Honorable William J. Howell
Member, House of Delegates
Allowance of credit against individual and corporate income tax in amount equal to 50% of fair market value of land or interest in land donated for conservation purposes. Donor of land or interest in land may transfer tax credit to other taxpayers to make full use of credit. Meaning of ‘taxpayer’ for purposes of Act.
02-099 The Honorable Harry B. Blevins
Member, Senate of Virginia
Authority for Chesapeake School Board, based on population count, to increase annual salary of its members to maximum paid to city council members, and annual salary of its chairman to maximum paid to city mayor, upon passage of motion in 2003 approving specific salaries of $25,000 and $27,000, respectively. July 1, 2004, is earliest date that such salary increases may be effective.
02-105 The Honorable Harry B. Blevins
Member, Senate of Virginia
Authority for Department of Corrections to employ prisoners to perform roofing work on buildings located on prison grounds; no requirement to procure such services under Acts competitive sealed bidding procedures.
02-118 Ms. Sharon E. Pandak
County Attorney for Prince William County
Processing fee authorized by ordinance to be collected by clerk on convicted individuals admitted into county, city, or regional jails is reserved solely for use by local sheriff’s office, even though county or city may participate in regional jail.
02-140 The Honorable Clarence E. Phillips
Member, House of Delegates
Authority may pledge funds as collateral for line of credit or loan or grant funds to Dickenson County Industrial Development Authority for purchase of machinery and tools or real estate of medical facility, which qualifies as ‘authority facility’ under Act, provided contemplated use of funds furthers public purpose of Authority; may not make pledge, loan or grant to IDA to fund operating expenses of medical facility.