2010 Official Opinions

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.

December

Opinion #	Requestor	Summary
10-094	The Honorable Deborah F. Williams Commissioner of the Revenue Spotsylvania County	A county commissioner of the revenue's "certification" of a correction of a local tax assessment for purposes of § 58.1-3981(A) means that the commissioner should provide written verification that he has determined that the original local tax assessment paid by the affected taxpayer was erroneous. Further, § 58.1-3(A)(2) authorizes a county commissioner of the revenue to supply to the attorney for his county any information that is necessary to enable the attorney to make an informed decision as to whether to consent to the commissioner of the revenue's determination. Finally, a county attorney's consent to a reduction of a real estate tax assessment by a county board of equalization is not a prerequisite to the county's issuance of a refund of excess taxes.

10-042	The Honorable Thomas A. Hazelwood Commissioner of the Revenue City of Suffolk	In the City of Suffolk, the devolution of the Commissioner of the Revenue's duties with respect to the assessment of real estate to a city real estate assessor transfers to the assessor the Commissioner's responsibility under § 58.l-3984(B) to the extent § 58.1-3984(B) applies to assessments of real property.

10-076	C. Eric Young, Esquire Tazewell County Attorney	A County is not required to enforce the Property Maintenance Code portion of the Uniform Statewide Building Code in a town with a population of less than 3,500, where the town has adopted the Property Maintenance Code but has not appointed, nor contracted with, an official to enforce the Uniform Statewide Building Code.

10-118	The Honorable Terry G. Kilgore Member, House of Delegates	A school board is solely responsible for the decision whether and how to consolidate schools, and a county board of supervisors may not instruct the school board to consolidate schools or how to consolidate schools.

10-103	Ms. Karen A. Gould, Executive Director Virginia State Bar	Conduct permitted under the proposed amendment to lawyer referral rules would violate the statute because the amendment would implicate both the person working for the lawyer under § 54.1-3939 and the lawyer if he engages in reciprocal referrals with another lawyer, which would make them both runners and cappers under § 54.1-3941.

10-061	The Honorable Stephen H. Martin Member, Senate of Virginia	A Virginia locality cannot require an owner to obtain a special exception to a local zoning ordinance in order to install an alternative onsite sewage system if the conditions set forth in § 15.2-2157(C) exist, namely that (i) there is no sewer or sewerage disposal facility available and (ii) the alternative onsite sewage system has been approved by the Virginia Department of Health for use in the particular circumstances and conditions in which the proposed system is to be operating.
10-053	Michael M. Collins, County Attorney, Bath County	The enactment by the Board of Supervisors of a meals tax ordinance with a rate of 1% after voters of that county gave their approval to a meals tax by a referendum vote is a valid exercise of the statutory authority granted to the Board of Supervisors to levy a meals tax in an amount and on such terms as that governing body may by ordinance prescribe.

10-093	Scott E. Parsons, Executive Director, Virginia Small Business Financing Authority	The VSBFA is authorized to refinance bonds or other obligations previously issued by another authority, public body or political subdivision, including an industrial development authority.

10-091	David Paylor, Director, Dep't of Environmental Quality	Virginia localities do not have the authority to extend the application of their land use ordinances to state-owned submerged lands; and that therefore, for small renewable energy projects located on or in the waters above state-owned bottomland, there are no "applicable land use ordinances” for purposes of the certification requirement of § 10.1-1197.6(B)(2). Because DEQ is directed to assess whether a submitted application meets the requirements of "the applicable permit by rule regulations,” DEQ may treat the certification requirement of § 10.1-1197.6(B)(2) as inapplicable in this circumstance and may authorize a project if the agency determines that the project applicant has met all other applicable requirements.

November

Opinion #	Requestor	Summary
10-105	The Honorable Robert B. Bell Member, House of Delegates	Searches and seizures of students' cellular phones and laptops are permitted when there is a reasonable suspicion that the student is violating the law or the rules of the school, and school officials should not share explicit materials depicting minors with other school personnel, but rather that the material should be brought to the attention of the appropriate law enforcement agents.

10-109	The Honorable Bill Watson Sheriff, City of Portsmouth	Virginia Code § 17.1-272 authorizes the sheriff to charge an initial fee of $25 for service of a writ of possession and to add $12 to that fee for each additional defendant who is served.

10-096	The Honorable B.J. Roberts, Sheriff City of Hampton	A sheriff's office is permitted to assist a local school division with enforcing the compulsory attendance laws by serving notice of an upcoming meeting to the parents or custodians of a truant student, provided the local school board, division superintendent or the administration of a school has requested such assistance from the Sheriff.

10-106	The Honorable Janet D. Howell Member, Senate of Virginia; Chair, Virginia State Crime Commission	The exemption from criminal prosecution found in § 46.2-920 does not require emergency vehicle operators to activate the vehicle's lights or siren when doing so is not reasonably necessary.

10-092	Richard D. Holcomb, Commissioner, Virginia Department of Motor Vehicles	The Department of Motor Vehicles has authority to accept or to refuse to accept an Employment Authorization Document, standing alone, as documentary evidence of lawful status in the United States as required by § 46.2-328.1. Also, the Department is not authorized to take any steps with regard to an individual who has been issued a driver's license, permit, or ID card in accor-dance with § 46.2-328.1, but who has subsequently become subject to removal or deportation proceedings, other than to require such individual, upon application for a renewal, duplicate or reissue of the license, permit, or ID card, to provide again documentary evidence of lawful status, provided that the Department has been notified by a government agency that the individual is not legally in the United States. Finally, there is no authority under § 46.2-328.1 for the Department to cancel a driver's license, permit, or ID card once it is issued in accordance with § 46.2-328.1, even if the individual has been deported.

10-088	Bradley C. Ratliff, Esquire Town Attorney, Town of Richlands	Because the former town attorney served as an independent contractor rather than as an employee, he is ineligible to participate in the Virginia Retirement System ("VRS").

10-049	The Honorable R. Lee Ware, Jr. Member, House of Delegates	Based on the facts available, that the Board of Supervisors made an appropriation to the School Board and, therefore, did not have the authority to reduce an appropriation previously made.

10-099	Hononorable John T. Frey, Clerk Circuit Court of Fairfax County	Section 8.01-435 does not authorize confessions of judgment by third parties appointed by attorneys-in-fact with "full power of substitution;” such confessions would violate public policy.

10-080	Kevin J. Burke, Esquire County Attorney, Fauquier County	Water and sewer construction plans are subject to the requirement that the Sanitation Authority review the plans upon referral from the County, and the review is subject to statutory time limitations.

10-062	Honorable Robert S. Wertz, Jr. Commissioner of the Revenue Loudoun County	A married person applying for a real property tax exemption authorized by § 58.1-3210 must report both the applicant's net worth and his or her spouse's net worth to determine net combined financial worth as required by § 58.1-3211(2) irrespective of whether such spouse has separated from or abandoned the applicant or whether the spouse's name appears on the deed.

October

Opinion #	Requestor	Summary
10-100	The Honorable W.R. "Randy” Hamilton Sheriff, City of Buena Vista	The regional jail board membership specified in § 53.1-106 controls over the agreement among the localities, and Rockbridge County can continue to appoint two members to serve on the Board.

10-107	Stephen MacIsaac, Esquire County Attorney, Arlington County	Under the plain language of § 58.1-3210, an individual who is employed full-time and who continues to earn a substantial salary is engaged in "substantial gainful activity” and is, therefore, ineligible for tax relief under § 58.1-3210.

10-082	The Honorable Robert G. Marshall Member, House of Delegates	An appropriations act is required for the expenditure of revenues of the Commonwealth, including grant funds from the United States government. Where, as here, the General Assembly has provided for the appropriation of such funds, the Governor lawfully may disburse such funds. The Governor may provide the "assurance" required by federal law concerning 2011 spending, because the General Assembly has enacted the 2011 budget. Whether the Governor lawfully can accept such funding in the future by providing the required "assurance" of funding levels in subsequent years depends upon whether such a pledge represents a political commitment by the Governor or a legal pledge purporting to bind the General Assembly. The Governor may provide a political pledge to use his best efforts to secure a particular level of funding. The Governor may not, acting on his own, bind the General Assembly to provide future spending.


10-095	The Honorable R. Edward Houck Member, Senate of Virginia	Based on the facts presented, the hypothetical scenarios described would constitute illegal gambling because the elements of prize, chance and consideration are present.

10-024	Michael F. McClellan Carrico, Esq., Town Attorney for Town of Gate City	Municipalities may enact an ordinance exempting a charitable organization or association from the payment of utility charges as a donation pursuant to § 15.2-953.

10-084	The Honorable Jill H. Vogel, Member Senate of Virginia	One of the three Virginia Pollution Abatement permits at issue is valid and not subject to appeal. The other two are being appealed as to one clause; unless the court should stay, suspend, or set aside one or both of these permits as to that clause, each remains valid and enforceable.

10-102	The Honorable Todd C. Gilbert, Member, House of Delegates	Any permit issued by the Board for land application of sewage sludge must be in compliance with the applicable requirements of § 62.1-44.19:3.

10-104	Mr. Robin R. Lind, Secretary, Goochland County Electoral Board	When a general registrar knows an absentee voter has died prior to election day, but after having voted by absentee ballot, the registrar must cancel that voter's registration, and the absentee ballot should not be counted; but that in those circumstances in which absentee ballots are cast prior to election day in a manner by which the absentee ballot no longer can be set aside, the general registrar who knows of the voter's death shall cancel that voter's registration, but election officials are not otherwise required to perform the impossible task of not counting the deceased voter's ballot.

10-046	Mr. G. William Thomas, Secretary, Electoral Board for the City of Richmond	Neither Virginia nor federal law requires an officer of election to be posted outside a polling place at all times the polls are open on election day in order to assist elderly and disabled voters who prefer to vote outside the polling place pursuant to § 24.2-649, a procedure commonly known as "curbside voting." Furthermore, the legal requirement for officers of election to assist such voters with curbside voting is triggered upon the voter making a request for such service.

September

Opinion #	Requestor	Summary
10-077	The Honorable David A. Nutter Member, House of Delegates	A Town Council may initiate negotiations for the appointment of a town manager without a resolution of the Council, so long as the contract and the appointment ultimately are approved by a vote of the Council.

10-066	The Honorable Bill Janis Member, House of Delegates	Assignments of medical benefits payable under automobile insurance policies where the policyholder assigns these benefits to a chiropractor who provided treatment covered by the policy are enforceable. It is further my opinion that provisions of insurance contracts seeking to limit or preclude this kind of assignment are unenforceable so long as the assignment does not materially alter the risk or obligation of the insurer.

10-090	The Honorable Ralph S. Northam Member, Senate of Virginia	Except for employees of the Department of Corrections involved in the care of inmates, and volunteers and members of a bona fide rescue squad who are engaged in the performance of their duties, medical personnel who provide care to inmates are not covered by the enhanced punishment provisions of § 18.2-57.

10-073	The Honorable Clifford L. "Clay” Athey, Jr. Member, House of Delegates	A sanitary district is limited to operating and maintaining community buildings and recreational facilities that are located within the boundaries of the district, unless it reaches an agreement with another jurisdiction to operate buildings and facilities outside those boundaries.

10-083	The Honorable Terry H. Whittle, Clerk Winchester Circuit COurt	So long as the information required by § 8.01-449 is contained in the certified copy of judgment from the bankruptcy court, that certified copy constitutes an authenticated "abstract of judgment" for purposes of § 8.01-446, so that the clerk of court is required to docket it according to standard procedures.

10-065	The Honorable Christopher K. Peace Member, House of Delegates	To the extent § 15.2-2303.1:1 does not impair the contract or vested rights of the zoning applicant, the statute applies to cash payment proffers formed before July 1, 2010 so that a locality maynot accept or demand payment of any uncollected cash proffer payments until the completion of a [mal inspection and prior to the issuance of a certificate of occupancy for the subject property, notwithstanding the provisions of any such proffer agreement to the contrary. In addition, this interpretation does not infringe the Contracts Clauses of the United States or the Virginia Constitutions.

10-048 (Reissue)	The Honorable Dave Nutter Member, House of Delegates	An employee of the local school division may not serve on the school board of which she is an employee. An employee of the Department of Health may operate a consulting business that specializes in radon testing, as long as the employee does so during nonworking hours in a manner that does not conflict with his responsibilities to the Commonwealth, and the business does not conflict with any Department of Health policies governing outside employment.

10-085	The Hononorable Terry G. Kilgore Member, House of Delegates	Because a school board consists of those persons who are "duly appointed or elected," a vacancy reduces the number of persons who are duly appointed or elected and, therefore, reduces the number of persons necessary to establish a quorum

August

Opinion #	Requestor	Summary
10-068	The Honorable Barbara J. Gaden, Judge, Richmond District Court	A district court may, pursuant to § 8.01-271.1, impose a pre-filing review requirement if such a sanction is appropriate. Furthermore, a district court has the inherent authority to limit or prevent an attorney or a litigant from practicing before it in the event the court determines, after a hearing, that the attorney or litigant has engaged in the unauthorized practice of law or otherwise has engaged in unprofessional or unethical conduct.

10-069	The Honorable Dennis S. Proffitt, Sheriff, Chesterfield County	A verbal order to take a defendant who has been sentenced to incarceration into custody is a binding order upon the sheriff's office, and the sheriff's office is generally shielded from liability when it takes persons into custody pursuant to such orders.

10-074	The Honorable Albert C. Pollard, Jr. Member, House of Delegates	The Department of Conservation and Recreation may regulate swimming in public parks, natural preserves, and other areas over which the Department exercises supervisory authority, but lacks the authority to regulate swimming in other waters.

10-071	Kevin J. Burke, Esquire Fauquier County Attorney	The infrequent use of a "farm building or structure" to host a concert, dance or other social gathering does not constitute a change in occupancy classification and, therefore, does notrequire the owner to obtain an occupancy permit for the new uses.

10-038	The Honorable Calvin C. Massie, Jr. Commissioner of the Revenue Campbell County	Liability for payment of BPOL taxes always lies with the persons engaged in businesses, professions, or occupations upon which localities levy such taxes, and not with their customers. Additionally, absent an express statutory authorization such as that applying to motor vehicle dealers, no business may pass through to its customers by way of a surcharge the BPOL taxes attributable to the gross receipts generated by sales to those customers without the surcharge also being included in the gross receipts of the business and subjected to the BPOL tax.

10-067	The Honorable Robert G. Marshall Member, House of Delegates	A local governmental entity is never categorically compelled to prohibit holiday displays, including those incorporating recognizably religious symbols, because governments enjoy considerable discretion in accommodating the religious expression of their citizens and employees and in their own recognition of traditional seasonal holidays. Moreover, displays depicting the birth of Jesus Christ are permissible provided the government ensures appropriate content and context.


10-012	The Honorable Robert G. Marshall Member, House of Delegates (Note: An identical letter was issued to Senator Ralph K. Smith in response to a similar opinion request.)	The Commonwealth has the authority to promulgate regulations for facilities in which first trimester abortions are performed as well as for providers of first trimester abortions, so long as the regulations adhere to constitutional limitations.
10-012	The Honorable Ralph K. Smith Member, Senate or Virginia (Note: An identical letter was issued to Delegate Robert G. Marshall in response to a similar opinon request.)	The Commonwealth has the authority to promulgate regulations for facilities in which first trimester abortions are performed as well as for providers of first trimester abortions, so long as the regulations adhere to constitutional limitations.

10-039	The Honorable Frank M. Ruff, Jr. Member Senate of Virginia	Firefighters who are employees of the Commonwealth are not covered under the Line of Duty Act, § 9.1-400 et seq., unless they are members of a fire company or department or rescue squad that has been recognized by an ordinance or a resolution of the governing body of a Virginia county, city, or town as an integral part of the official safety program of such county, city, or town.

10-057	The Honorable Francis X. O'Leary Treasurer, Arlington County	Localities may use neither a bright line test, a totality of the circumstances review, nor a federal disability guideline to determine whether a taxpayer is "permanently and totally disabled." A locality, however, may employ a federal disability guideline in determining the maximum income level for tax relief eligibility, and considering such a guideline would not be irrational. Finally, the criteria used by a locality must be set forth in the text of an ordinance.

10-063	The Honorable Scott A. Surovell Member, House of Delegates	Clerks of Court may install recording systems into a Circuit Court, General District Court, and/or Juvenile and Domestic Relations Court and require such systems to be on at all times court is in session, and Clerks may charge a fee for access to such recordings provided that confidentiality is maintained for all proceedings as required by the Code of Virginia or other orders of the Court.

10-072	The Honorable Barbara J. Comstock Member, House of Delegates	A county may require residents to give up their private trash collection service and join the service provided by the county provided that the statutory notice, hearing and waiting period requirements are met, or 55 percent of the affected property owners petition the governing body to take over the collection service. Also, a county may, but is not required to, allow residents to opt out of the public trash collection service and maintain a parallel private collection service.

July

Opinion #	Requestor	Summary
10-064	The Honorable Bill Janis Member, House of Delegates	No illegal gambling occurs when the opportunity to win a prize is offered both with a purchase and without the requirement of a purchase because the element of consideration is missing.

10-052	The Honorable James E. Edmunds, II Member, House of Delegates	Unlike initial orders issued pursuant to § 10.1-566(C ), which may be limited to suspending only land-disturbing construction activities to redress violations of erosion and sediment control schemes, subsequent orders, designed to enforce the initial order and to compel obtainment of necessary plan approval or permits, must stop all construction activities on the site, other than corrective measures, until such approval or permits are obtained.

10-047	The Honorable Robert G. Marshall Member, House of Delegates	Virginia law enforcement officers, including conservation officers, may inquire into the immigration status of persons stopped or arrested; however, persons tasked with enforcing zoning laws lack the authority to investigate criminal violations of the law, including criminal violations of the immigration laws of the United States.

10-059	Thomas M. Simons, Esq. Town Attorney, Town of Glasgow	Localities may not enact an ordinance prohibiting spouses from concurrenty holding interrelated elected offices.

10-045	The Honorable Richard P. Bell Member, House of Delegates	The utility or service charge authorized by § 15.2-2114 is a fee, not a tax, that is enforceable by localities pursuant to § 15.2-2114(D). Senate Bill 395 does not affect localities' ability to enforce existing stormwater control programs adopted pursuant to § 15.2-2114. Section 15.2-2114 does not provide for the grandfathering of properties with conditions that predated the passage of local ordinances, nor does it provide an exemption for landowners whose properties have unique characteristics that prevent the reduction of stormwater runoff. Landowners cannot be held responsible for reducing runoff or paying a charge for runoff from their property when that runoff is caused by drainage from other properties.

10-040	Ms. Barbara O. Carraway City Treasurer for the City of Chesapeake	Police officers do not have the civil authority to distrain property for the collection of delinquent City accounts.

10-011	The Honorable John T. Frey Clerk, Fairfax County Circuit Court	Because the judgment does not detail a specific monetary award, it may be entered either in the judgment docket or in the order book, or in any other record deemed suitable, in accord with local practice and the sound discretion of the clerk.

June

Opinion #	Requestor	Summary
10-054	The Honorable L. Louise Lucas Member, Senate of Virginia	Upcoming recall election is governed by the City Charter rather than a recently amended state statute.

10-035	Mr. Bradley C. Lambert Chairman, Virginia Gas & Oil Board	Recent statutory changes from the General Assembly have not authorized the Gas and Oil Board to adjudicate property rights.

10-017	The Honorable G. Glenn Oder Member, House of Delegates	Local governing bodies have the authority to classify, by local zoning ordinances, payday loan businesses as a special exception or special permit use

May

Opinion #	Requestor	Summary
10-034	The Honorable Robert Tata Member, House of Delegates	The Attorney General cannot conclude that Code § 22.1-79.1, which directs school boards to set the starting date for students after Labor Day, is unconstitutional.

10-033	The Honorable R. Edward Houck Member, Senate of Virginia	Code § 46.2-856 prohibits overtaking two vehicles that are traveling side by side, unless one of the exceptions specified in the statute applies.

10-027	The Honorable Christopher K. Peace Member, House of Delegates	When one of the exemptions found in Code § 38.2-2627 applies, the State Corporation Commission lacks the authority to bring an enforcement action. Moreover, the terms of the contract dictate whether a home service contract provider is considered a contractor. Finally, when home service providers are acting as "contractors and subcontractors” they must comply with Chapter 11.

10-025	The Honorable Michele B. McQuigg Prince William County Circuit Court Clerk	The authority vested in a minister or other person authorized to perform the rites of matrimony in Virginia does not extend to a celebration of marriage under a Virginia marriage license when the ceremony is conducted outside the territorial boundaries of the Commonwealth of Virginia.

10-036	The Honorable Jack Kennedy Clerk of the Circuit Court for Wise County and City of Norton	Clerk may enter into private subscription agreements: (1) where local bar rules provide such authority, and court permits; (2) where local governing body has authorized it; or (3) pursuant to clerk's statutory authority to purchase such services. Metal detector screenings and door locks do not necessarily negate requirement that library be open to public.

April

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.

March

Opinion #	Requestor	Summary
10-021	The Honorable Danny W. Marshall, III Member, House of Delegates	Constitution must be amended prior to enactment of any bill that would require ‘super majority' vote to lift moratorium on uranium mining.

10-013	The Honorable Frederick M. Quayle Member, Senate of Virginia	Distinction in age for eligibility for annual allowance under Virginia Law Officers Retirement System and State Police Officers' Retirement System does not constitute impermissible age discrimination.

10-003	The Honorable M. Kirkland Cox Member, House of Delegates	General Assembly has not authorized city to conduct more than one general reassessment of real property in any one year. Taxpayer may be required to pay higher corrected assessment in some limited circumstances.

10-016	The Honorable Jackson H. Miller Member, House of Delegates	Local school board may not charge fee for transportation of students enrolled in specialty program located outside boundaries of student's base school.

10-009	The Honorable Thomas A. "Tag" Greason Member, House of Delegates	Private entity leasing government property for event generally may regulate or prohibit carrying or possession of firearms on that property for such event.

10-010	The Honorable Joseph D. Morrissey Member, House of Delegates	Provision of charter agreement between City of Richmond School Board and Patrick Henry School of Science requiring Patrick Henry to make the building compliant with Americans with Disabilities Act does not conflict with § 22.1‑212.14(D).

09-098	Ronald S. Hallman, Esq. Chesapeake City Attorney	Based on facts presented, stormwater fee in § 26‑401 of Chesapeake City Code is service fee, rather than tax; United States Navy is not constitutionally exempt from paying fee.

February

Opinion #	Requestor	Summary
09-068	The Honorable James E. Plowman Loudoun County Commonwealth's Attorney	No authority for Commonwealth's attorney to provide representation for toll facility operator in actions brought under § 46.2‑819.1 or § 46.2‑819.3 for unpaid tolls, administrative fees, and civil penalties.

10-001	The Honorable G. Glenn Oder Member, House of Delegates	Charter of City of Newport News does not require that Newport News School Board rely on sole legal advice of City attorney; Board may retain its own counsel.

09-071	The Honorable Thomas Davis Rust Member, House of Delegates	Federal law governing employment of unauthorized aliens explicitly and implicitly preempts any Virginia law that would impose civil or criminal sanctions upon persons employing such aliens; imposition of injunction constitutes civil sanction which is preempted by federal law

January

Opinion #	Requestor	Summary
10-005	The Honorable Robert Hurt Member, Senate of Virginia	§ 24.2‑954 precludes General Assembly members from engaging in fundraising activity in connection with campaign for state office during regular session of General Assembly; prohibition does not restrict fundraising activity related to campaign for federal office. Federal law preempts Virginia's fundraising prohibition when General Assembly member solicits or accepts contributions solely for federal office.

09-100	The Honorable H. Morgan Griffith Member, House of Delegates	Locality may adopt ordinance that authorizes pound to initiate and enforce policies that place restrictions or requirements upon adoption of animals beyond those required by § 3.2‑6546.

09-091	The Honorable Christopher K. Peace Member, House of Delegates	Urban development area must accommodate 10 to 20 years of anticipated growth within such area. Developers are required to zone and develop to specific densities within such areas. Local governing bodies may not deny rezoning request solely on basis of inadequate public facilities.

09-097	The Honorable G. Manoli Loupassi Member, House of Delegates	Advocates in domestic violence shelters and sexual assault crisis centers generally are not statutorily mandated to report child abuse and neglect; when such advocate performs activities that would place him under category in § 63.2‑1509(A), requirement to report suspected child abuse or neglect.

Jason S. Miyares Attorney General of Virginia