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Official Opinions


October 2009 Opinions
Please click on Opinion number to view entire opinion.

Opinion # Requestor


09-074 The Honorable M. Kirkland Cox
Member, House of Delegates
Localities may not impose bonding requirements that exceed ten percent of estimated construction costs for administrative allowance required from developer.
09-070 The Honorable Dennis S. Profitt
Chesterfield County Sheriff

Service of criminal show cause summons does not constitute ‘arrest’ or trigger requirement to report to Central Criminal Records Exchange.

09-076 The Honorable H. Morgan Griffith
Member, House of Delegates

Authority for EMS providers to administer vaccinations for H1N1 flu or seasonal flu only when designated and authorized by State Health Commissioner in accordance with §§ 32.1‑42.1 and 54.1‑3408(P).

09-064 The Honorable Anne G. Sayers
Northampton County Commissioner of the Revenue

Commissioner of revenue must include entire farm as being in county although portion of farm is within incorporated town; commissioner should proportionally assess portion of farm located within such town as separate line item on land book. For purposes of county’s use value program, entire farm receives use assessment; when town within such county does not have use value ordinance, that portion of farm within town is subject to town taxes.

09-081 The Honorable David A. Nutter
Member, House of Delegates
Section 24.2‑310(D) governs process required to move polling place based on emergency. General Assembly requires that emergency exists that makes polling place unusable or inaccessible, local electoral board must select alternative polling place and obtain approval of State Board of Elections for declaration of emergency and alternative polling place. If State Board approves emergency and alternative polling place, local board must notify voters of change.
09-055 The Honorable John T. Frey
Fairfax County Circuit Court Clerk

No authority for locality or circuit court judge to direct how circuit court clerk uses Technology Trust Fund monies allocated to his office.

09-066 The Honorable David L. Bulova
Member, House of Delegates

Fairfax County may adopt ordinance requiring private corporation that manages George Mason University Patriot Center to collect admissions tax on persons who pay to attend non-university events held at Center.