2018 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.
December
Opinion # |
Requestor |
Summary |
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18-007 | Honorable Joseph W. Milam Jr. and the Honorable James J. Reynolds, Judges of the Circuit Court for the City of Danville |
Courts do not have the discretion under § 19.2-354(C) to allow credit toward fines and costs for community service work performed by a person confined in a state or local correctional facility, including state detention centers and state diversion centers.
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18-040 | Honorable David J. Toscano, Minority Leader, House of Delegates | Employees of a public service corporation organized under § 13.1 and owned by local government entities, such as JAUNT, Inc., are not eligible for participation in a state health benefits program authorized by § 2.2-1204. |
November
Opinion # |
Requestor |
Summary |
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18-031 | Honorable H. Fuller Cridlin, Lee County Commonwealth's Attorney |
A political party may not conduct a raffle as a form of charitable gaming in the Commonwealth, as it is not an entity specifically chartered or organized for religious, charitable, community, or educational purposes.
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18-035 | Honorable Amanda F. Chase, Member, Senate of Virginia | Unless the local governing body approves an alternative use of an approved cash proffer in accordance with § 15.2-2298(A) or §15.2-2303.2, the cash proffer must be used for its original purpose, or the landowner may seek an amendment to the proffer conditions subject to approval by the governing body. A public hearing concerning the proposed amendment is required unless waived by the local governing body to the extent permitted by § 15.2-2302. |
18-055 | Honorable Israel O'Quinn, Member, House of Delegates, and the Honorable Bill Carrico, Member, Senate of Virginia |
A specific financing structure proposed for school construction that does not commit the city to make payments or appropriations, or to enter into any type of legal obligation, or to offer its full faith and credit will not constitute a debt of the city for purposes of the constitutional limitation on debt under Article VII, § 10(a) of the Virginia Constitution. |
17-022 | Honorable Scott A. Surovell, Member, Senate of Virginia | A trial court may, with the concurrence of the Commonwealth's Attorney, defer disposition and continue a criminal case for a period of time and then consider a dismissal if the defendant has complied with any prescribed conditions. |
October
Opinion # |
Requestor |
Summary |
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17-019 | Honorable R. Lee Ware, Jr., Member, Senate of Virginia |
Based on the facts presented, the placement of a monument to the Emancipation Proclamation in a Fluvanna County park would not implicate § 15.2-1812. |
September
Opinion # |
Requestor |
Summary |
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18-016 | Honorable Matthew D. Hardin, Greene County Commonwealth's Attorney |
Once a part-time Commonwealth's Attorney elects full-time status under the provisions of § 15.2-1629, the election is binding, and his successors in office cannot revert to part-time status. |
18-017 | Honorable Riley E. Ingram, Member, House of Delegates | A locality may use Four-for-Life funds to provide funding for its fire department, provided the department meets the definition of an "emergency medical services agency” in Title 12 of the Virginia Administrative Code, is licensed by the Office of Emergency Medical Services as required by Virginia Code § 32.1-111.6, and the funds are expended solely for training emergency medical services personnel or for purchasing necessary equipment and supplies for emergency medical services. |
18-036 | Honorable Adam P. Ebbin, Member, Senate of Virginia | Because it is a grandfathered locality, the City of Alexandria may adjust or alter its business, professional or occupational tax on certain real property rentals by vote of its city council. |
17-044 | Stephen D. Mullins, Esquire, Dickenson County Attorney | The Dickenson County Board of Supervisors would not violate § 15.2-1812 by authorizing the demolition of Dickenson Memorial High School. |
August
Opinion # |
Requestor |
Summary |
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18-042 | Ms. Shannon Dion, Director, Virginia Department of Criminal Justice Services |
The Virginia Department of Criminal Justice Services cannot lawfully issue a temporary or valid registration to teachers or other school personnel seeking appointment as armed special conservators of the peace with jurisdiction over public school grounds, as § 18.2-308.1 of the Code of Virginia limits possession of firearms on public school property for safety purposes to only those armed security personnel deemed to have met stringent training requirements, and such personnel do not include special conservators of the peace. |
July
Opinion # |
Requestor |
Summary |
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17-025 | Honorable Michael W. Taylor, Sheriff, Pittsylvania County |
Section 37.2-809 of the Code of Virginia authorizes the issuance of a temporary detention order lasting up to 72 hours in order to conduct a mental health examination and initiate stabilizing mental health treatment. This order may only be extended by weekends, holidays or other dates on which the court is lawfully closed. As used in this statute, the word "court” refers to the general district court within the relevant jurisdiction, and the phrase "lawfully closed” refers to days on which the court is not open for the transaction of business on any portion of the day. In the interest of due process, the statute does not authorize the detention of an individual in a mental health facility beyond this 72-hour period without an involuntary civil commitment hearing. |
17-046 | Arthur L. Goff, Esquire, Rappahannock County Attorney | In considering an appeal to a board of zoning appeals from a determination of a zoning administrator: (1) a board of zoning appeals is required by § 15.2-2309 of the Code of Virginia to provide notice of hearing in accordance with § 15.2-2204 to the general public and to adjacent property owners as the outside parties most likely to be impacted by the decision; and (2) affected persons are permitted to participate in the hearing and aggrieved parties may address the board for a specified period of time as provided in § 15.2-2308(C). |
June
Opinion # |
Requestor |
Summary |
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17-027 | Honorable Judith Williams Jagdmann, Commissioner, State Corporation Commission |
As divisions or agencies of local government for purposes of Virginia Code §§ 58.1-2900 and -2904, community services boards and behavioral health authorities are exempt from state electrical and natural gas consumption taxes. |
18-002 | Honorable A. Benton Chafin, Jr., Member, Senate of Virginia |
While the State and Local Government Conflict of Interests Act does not prohibit a member of a county board of supervisors from remaining on the board while employed as director of the county public service authority, the board member must take care to follow the requirements of the Act to address the continuing risk of transactional conflicts by disqualification and/or disclosure as the need arises in either capacity. |
May
Opinion # |
Requestor |
Summary |
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18-006 | Honorable Richard H. Black, Member, Senate of Virginia | The General Assembly may still pass a resolution ratifying the Equal Rights Amendment (ERA) to the United States Constitution despite the lapse of the ERA's ratification period. Congress has substantial power over the process for amending the Constitution and may choose to further extend the ERA's ratification deadline and recognize as valid a State's intervening ratification for purposes of determining whether the ERA has been approved by the requisite number of States. |
18-023 | Honorable Ralph S. Northam, Governor of Virginia |
The words "a dead body,” as used in Virginia Code § 18.2-323.02 punishing concealment of a dead body as a felony, do not include the remains of a human fetus that expired in utero. |
March
Opinion # |
Requestor |
Summary |
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17-047 | Honorable David L. Bulova, Member, House of Delegates | A public park authority may adopt rules and regulations governing the takeoff and landing of drones on the authority's park property. |
February
Opinion # |
Requestor |
Summary |
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17-020 | Honorable Les R. Adams, Member, Virginia House of Delegates | Pittsylvania County and the Town of Chatham have police power authority to prohibit the use of motorboats on privately owned lakes, where the lakes serve as public reservoirs serving these two localities. |
17-038 |
Honorable Michael P. Mullin, Member, Virginia House of Delegates |
While § 15.2-953 of the Code of Virginia, which restricts local financial support of organizations controlled in whole or in part by any church or sectarian organization, is presumed to be constitutional, a recent decision of the Supreme Court of the United States, Trinity Lutheran Church of Columbia, Inc. v. Comer, 137 S. Ct. 2012 (2017), could expose it to constitutional challenge under the Free Exercise Clause. Localities may provide financial support to such organizations only if it falls within one of the exceptions in the statute. |