June 2006 Opinions |
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| Opinion # | Requestor | Summary |
| 06‑044 | The Honorable William J. Howell The Honorable Thomas K. Norment, Jr. |
Constitution imposes clear and certain duty solely upon General Assembly to make appropriations; no funds are to be paid out of state treasury unless appropriated by law by General Assembly. It is question of fact whether conditions exist constituting emergency under Emergency Services and Disaster Law of 2000, and it is within authority of Governor to make such determination. When emergency exists, no express authority under Constitution for Governor to expend state funds when no appropriations exist. While Governor has certain implied executive power, such authority cannot overcome sole and specific express grant of spending authority to legislature. To prevent constitutional crisis, it is critical that legislature enact 2006-2008 biennial budget or enact short-term legislation authorizing ongoing spending for state services and obligations. |
| 06‑018 | The Honorable John S. Reid Member, House of Delegates |
Addition of § 23‑9.2:3(D) proposed by Senate Bill 677 in 2006 Session of General Assembly, if enacted into law, would require Commonwealth to comply with 8 U.S.C. § 1623. Such compliance could be achieved only by extending in-state tuition rates to all enrollees, regardless of residency status. |
| 05‑075 | The Honorable David B. Albo |
Wine Franchise or Beer Franchise Act compels winery or brewery to honor distributor appointments made by prior authorized representative unless winery or brewery provides notice of intent to terminate agreement with distributor and good cause exists. Whether notice was provided and good cause exists are factual determinations for Virginia Alcoholic Beverage Control Board. Authorized representative cannot avoid application of either Act by requiring waiver from distributor because Franchise Acts prohibit such waivers. Execution and filing of Attachments A and B and exchange of purchase orders and invoices between authorized representatives and distributors do not constitute ‘written agreement[] of definite duration’ pursuant to Beverage Control Act. Attorney General declines to render opinion regarding whether specific contract provision or contemplated termination violates Wine or Beer Franchise Act or whether winery or brewery that fails to offer appointed distributors written agreements of definite duration falls outside purview of respective Act.
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| 06‑032 | The Honorable Thomas K. Norment, Jr. The Honorable Christopher K. Peace |
Development with declaration recorded after January 1, 1959, is subject to Virginia Property Owners’ Association Act; such development may, pursuant to § 55‑508(A)(6), amend its declaration by two-thirds vote of owners to apply Act to development when declaration is silent regarding amendment or amendment is made in accordance with declaration. |
| 06‑039 | Mr. Roger W. Mullins Tazewell County Attorney |
Board of supervisors of county having county administrator form of government may designate agent other than planning commission to approve preliminary and final subdivision plats |
| 06‑041 | The Honorable Phillip A. Hamilton Member, House of Delegates |
Both city charter and general laws of Commonwealth require city of Newport News to have actuarially sound retirement system for its employees. |
| 06-050 | The Honorable Kenneth R. Melvin Member, House of Delegates |
Circuit court may hold court in another judicial circuit only when all parties to action agree. |