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Official Opinions

 

February 2013 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.  They are not "rulings" and 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

The Honorable Ben L. Cline
Member, House of Delegates

The General Assembly may not delegate final legislative authority regarding budget or other matters to a committee composed of a subset of the members of the General Assembly.

12-087

The Honorable Harry B. Blevins
Member, Senate of Virginia

Based on the limited facts provided, that the dependents of the service members described in the scenarios presented neither qualify for waiver of the one-year residency requirement, nor otherwise can be deemed domiciled in Virginia for purposes of in-state tuition based on the service member’s military status. 

12-073

Colonel W. S. Flaherty
Superintendent, Virginia Department of State Police

The Data Act does not preclude law enforcement agencies from  maintaining, using and disseminating personal information collected by an LPR, provided such data specifically pertains to investigations and intelligence gathering relating to criminal activity. Further, data collected by an LPR may be classified as “criminal intelligence information” and thereby exempted from the Data Act’s coverage only if the data is collected by or on behalf of the Virginia Fusion Intelligence Center, evaluated and determined to be  relevant to criminal activity in accordance with, and maintained in conformance with the criteria specified in § 52-48 of the Code of Virginia.  Finally, data collected by an LPR that is not properly classified as “criminal intelligence information” and not otherwise relating directly to law enforcement investigations and intelligence gathering respecting criminal activity, is subject to the Data Act’s strictures and prohibitions.

13-001

The Honorable Laura M. Rudy
Treasurer, Stafford County

Two or more political subdivisions may exercise their investment powers by investing in a jointly administered investment pool and such pooled investment program may be organized in the form of a trust fund.