January 2001 Opinions
Please click on Opinion
number to view entire opinion.
| Opinion # | Requestor |
Summary |
| 00-100 | The Honorable George W. Grayson Member, House of Delegates |
Substantial, rather than strict, compliance with regulatory procedure for
validating breath test device is sufficient. Regulatory procedure complies with statutory
requirements for validating breath tests to be used as evidence in prosecutions. |
| 00-102 | The Honorable Harry J. Parrish Member, House of Delegates |
Ten-year period specified for revocation of driver’s license upon
second conviction of driving under influence of alcohol or drugs is calculated for adult,
from first to second conviction, and for juvenile, between two findings of guilt. |
| 00-101 | Mr. Patrick J. Morgan County Attorney for Louisa County |
Circuit court clerk vacancy is to be filled promptly on Tuesday date that
falls within purview of statutory limitations for holding special elections. November
general election day is among dates court may consider for holding such election. |
| 01-010 | The Honorable M. Kirkland Cox Member, House of Delegates |
No authority for Colonial Heights City Council to call for advisory
referendum regarding establishment of recreation center in city. |
| 00-109 | The Honorable Phillip A. Hamilton Member, House of Delegates |
Transfer of $15.9 million from 2000-2002 biennial budget, containing
approximately $5 million in anticipated excess revenues, prior to enactment, effected tax
relief in manner consistent with terms of Tax Relief Act and Appropriation Acts for
1998-2000 biennium. Criteria established in Tax Relief Act for funding tax relief
exceeding estimates of Department of Motor Vehicles is consistent with constitutional
mandate directing General Assembly to establish criteria ensuring equitable
expense-revenue ratio. Provided Governor proposes budget amendments addressing difference
between estimated cost of funding personal property tax relief for year ended
June 30, 2000, and localities’ requests for reimbursements of their qualifying
reduced revenues for that year, revenues will be sufficient to meet expenditures, and
$15.9 million transfer will not create unbalanced budget, in violation of Constitution.
Responsibility of Comptroller to reimburse localities for reduced personal property tax
revenues attributable to contemplated tax relief within 2 business days of submission of
proper claims is consistent with Appropriation Acts and Tax Relief Act, and is presumed
consistent with Constitution. Transfer of funds to meet reimbursement requirements of Act,
therefore, was authorized by General Assembly. |
| 00-092 | The Honorable Warren E. Barry Member, Senate of Virginia |
Gasoline retailer who meets definition of "distributor" and
complies with licensure requirements described in Act may be licensed by Commissioner of
Department of Motor Vehicles as distributor. Jobber may be licensed either as distributor
or transporter of motor fuel to gasoline retailer. Liability for payment of tax on motor
fuel removed from terminal rack. First person who receives fuel upon its removal from
terminal, and who is not simply motor fuel transporter, is entitled to 1% collection
allowance upon remittance of tax payment to supplier. Legislative decision to permit
entity that pays supplier for fuel at terminal rack to take advantage of 1% discount does
not create classification between jobbers and gasoline retailers that would constitute
prohibited special legislation. |