May 2002 Opinions |
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| Opinion # | Requestor | Summary |
| 01-026 | Mr. James E. Barnett County Attorney for York County |
Constitutionality of local ordinance limiting time period within which political signs advocating particular candidate or political party may be displayed on private property, either before or after primary or general election, must be determined on case-by-case basis. |
| 02-045 | The Honorable John T. Frey Clerk of the Circuit Court of Fairfax County |
Clerk of court should collect $10 assessment fee on every deed recorded on or after May 1, 2002, on which state recordation tax is levied. Deed of correction is not subject to $10 fee. Fee is collected only in jurisdiction where instrument is first recorded and is not collected for recordation of same deed for real estate that is located in more than one jurisdiction. Deeds of release and deeds of partition are not subject to state recordation tax or $10 assessment fee. Assessment by circuit court clerk of $10 fee for recordation of deed of easement, deed of dedication or deed of subdivision depends on clerk’s current treatment of such deeds for state recordation tax purposes. |
| 02-032 | The Honorable Molly Joseph Ward Treasurer for the City of Hampton |
Ordinance directing City of Hampton to turn over to Elizabeth Lake Estates Civic Association tax revenue collected in service district is unconstitutional. City’s delegation of its legislative authority to Association is unconstitutional. Tax imposed by ordinance is unenforceable. |
| 02-031 | The Honorable Gordon F. Saunders Commonwealth’s Attorney for Rockbridge County & the City of Lexington |
Attorney General declines to render opinion regarding whether operation of Free Spin machines under described circumstances constitutes illegal gambling. |
| 02-005 | The Honorable Ward L. Armstrong Member, House of Delegates |
Disclosure by spouse abuse shelter to law-enforcement officials of presence of resident under described circumstances. |
| 02-044 | The Honorable Christopher B. Saxman Member, House of Delegates |
Department of Taxation has authority to promulgate guideline definition of term "contractor" that clarifies and explains which businesses are included in "contractor" classification for purpose of determining applicable maximum BPOL tax rate, provided language is not inconsistent with Commonwealth’s license tax laws. |
| 02-034 | The Honorable Tom Bolvin Member, House of Delegates |
The Workforce Investment Act precludes the General Assembly from directing the Governor to reallocate Unobligated WIA Funds to a community college located within the same geographic area from which the funds were obtained. Consistent with the historical practices of prior Attorneys General, the Attorney General is unable to comment on any actions colleges may take to seek reallocation of such funds. |
| 02-040 | The Honorable Joel C. Cunningham Judge, General District Court of Halifax County |
Order of remittance does not serve as satisfaction of judgment in general district court; does act as satisfaction of judgment entered on previously forfeited bond under applicable statutes pertaining to judgments filed in circuit courts. |