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Official Opinions

 

June 2006 Opinions
Please click on Opinion number to view entire opinion.

Opinion # Requestor

Summary

06‑044

The Honorable William J. Howell
Speaker of the House of Delegates

The Honorable Thomas K. Norment, Jr.
Member, Senate of Virginia

Constitution imposes clear and certain duty solely upon General Assembly to make appropriations; no funds are to be paid out of state treasury unless appropriated by law by General Assembly. It is question of fact whether conditions exist constituting emergency under Emergency Services and Disaster Law of 2000, and it is within authority of Governor to make such determination. When emergency exists, no express authority under Constitution for Governor  to expend state funds when no appropriations exist. While Governor has certain implied executive power, such authority cannot overcome sole and specific express grant of spending authority to legislature. To prevent constitutional crisis, it is critical that legislature enact 2006-2008 biennial budget or enact short-term legislation authorizing ongoing spending for state services and obligations.
 06‑018 The Honorable John S. Reid
Member, House of Delegates

Addition of § 23‑9.2:3(D) proposed by Senate Bill 677 in 2006 Session of General Assembly, if enacted into law, would require Commonwealth to comply with 8 U.S.C. § 1623. Such compliance could be achieved only by extending in-state tuition rates to all enrollees, regardless of residency status.

05‑075

The Honorable David B. Albo
Member, House of Delegates

Wine Franchise or Beer Franchise Act compels winery or brewery to honor distributor appointments made by prior authorized representative unless winery or brewery provides notice of intent to terminate agreement with distributor and good cause exists.  Whether notice was provided and good cause exists are factual determinations for Virginia Alcoholic Beverage Control Board.  Authorized representative cannot avoid application of either Act by requiring waiver from distributor because Franchise Acts prohibit such waivers.  Execution and filing of Attachments A and B and exchange of purchase orders and invoices between authorized representatives and distributors do not constitute ‘written agreement[] of definite duration’ pursuant to Beverage Control Act.

Attorney General declines to render opinion regarding whether specific contract provision or contemplated termination violates Wine or Beer Franchise Act or whether winery or brewery that fails to offer appointed distributors written agreements of definite duration falls outside purview of respective Act.

 

06‑032

The Honorable Thomas K. Norment, Jr.
Member, Senate of Virginia

The Honorable Christopher K. Peace
Member, House of Deletates

Development with declaration recorded after January 1, 1959, is subject to Virginia Property Owners’ Association Act; such development may, pursuant to § 55‑508(A)(6), amend its declaration by two-thirds vote of owners to apply Act to development when declaration is silent regarding amendment or amendment is made in accordance with declaration.
06‑039 Mr. Roger W. Mullins
Tazewell County Attorney
Board of supervisors of county having county administrator form of government may designate agent other than planning commission to approve preliminary and final subdivision plats
06‑041 The Honorable Phillip A. Hamilton
Member, House of Delegates
Both city charter and general laws of Commonwealth require city of Newport News to have actuarially sound retirement system for its employees.
06-050 The Honorable Kenneth R. Melvin
Member, House of Delegates

Circuit court may hold court in another judicial circuit only when all parties to action agree.