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Official Opinions

 

April 2010 Opinions
Please click on Opinion number to view entire opinion.

Official opinions will be posted as they are issued, generally within 24 to 48 hours. Please check this page at regular intervals to determine whether additional opinions have been issued.

IMPORTANT NOTE:  Official opinions represent the attorney general’s analysis of current law based on his thorough research of existing statutes, the Virginia and United States constitutions, and relevant court decisions.  Official opinions do not create new law, nor do they change existing law.  Creating and amending laws are the responsibility of the General Assembly, not the attorney general.  

Official opinions are legal advice, not personal opinions, and do not reflect the attorney general’s personal views about what the law should be.  Such advice is provided to ensure clients/the requester are in compliance with the law.  While the opinions may be given deference by the courts, they are not binding on the courts.

The official opinions issued by the attorney general are part of the duties of the office (see Code § 2.2-505).  A person authorized by statute, such as the governor, a member of the General Assembly, a constitutional officer, or the head of a state agency, can ask the attorney general for an official opinion on the law. Members of the general public are not authorized to ask for opinions.

 

Opinion # Requestor Summary
10-029 The Honorable Christopher K. Peace
Member, House of Delegates

Use of e-cigarette does not fall under definition “smoke” or “smoking” for purposes of Act.

10-020 The Honorable Robert D. "Bobby" Orrock
Member, House of Delegates
George Washington Regional Commission is not locality, authority, or sanitation district for purposes of competitive negotiation as defined in Act. Sum of all Commission projects performed in one contract term for architectural or professional engineering services related to construction projects may not exceed $500,000.
10-006 The Honorable Samuel W. Swanson, Jr.
Pittsylvania County Commissioner of the Revenue

Clay and sand are minerals that are subject to local taxation whether or not property is under development; initial discovery of mineral generally is time at which assessment would occur. Income capitalization methodology would comply with requirements for determining fair market value of mineral lands.

10-022 C. Eric Young, Esq.
Tazewell County Attorney

Tazewell County Public Service Authority Board may not assess nonuser service charge to persons who decline to accept its refuse collection services.

10-018 The Honorable Joseph P. Johnson, Jr.
Member, House of Delegates

Commissioner of Department of Motor Vehicles is both authorized and mandated to impose ignition interlock system requirements upon individual seeking reinstatement of driver’s license after three-year license revocation period resulting from conviction for driving under influence, second or subsequent offense, when convicting court fails to order installation of such system.

10-014 The Honorable G. Manoli Loupassi
Member, House of Delegates

Charter agreement provision, about which you inquire, between City of Richmond School Board and Patrick Henry School of Science and Arts does not conflict with § 22.1‑212.14(D).  Insufficient factual background to determine whether disparity in per student funding exists and, if so, whether it would constitute impermissible disincentive.

10-015 The Honorable Robert G. Marshall
Member, House of Delegates
Appropriation act that appropriates money and raises funds by taxes or fees would not violate single object rule of Constitution.