Virginia Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Virginia, with full citations and the original source on every page.
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Does a Virginia drug-manufacturing or drug-by-fraud felony conviction disqualify someone from food stamps?
Yes. The AG concluded that felony convictions for manufacturing controlled substances (§ 18.2-248) or obtaining them by fraud (§ 18.2-258.1) triggered the federal food stamp disqualification, because …
How would Virginia's proposed eminent domain amendment change just compensation, lost access, and lost profits rules?
The AG previewed Virginia's proposed eminent domain constitutional amendment. It would not expand 'damages' to cover ordinary inconvenience; police-power traffic regulations and temporary street closu…
Can a Virginia state legislator raise funds for a federal candidate during the General Assembly session?
Yes. The AG concluded that § 24.2-954's ban on fundraising during a regular General Assembly session reached only campaigns for state offices, not federal ones. A Virginia legislator could raise funds…
Does Virginia's agritourism statute definition of 'agricultural products' control zoning under § 15.2-2288?
No. The AG concluded that the agritourism-liability statute's § 3.2-6400 definition of 'agricultural products' did not control how that phrase was used in § 15.2-2288 (the zoning preemption for produc…
Can Virginia jail inmates work outside the sheriff's county or on private nonprofit land?
Yes, conditionally. The AG concluded that inmate work crews could leave the sheriff's jurisdiction if a court ordered it, or, if authorized by the local governing body, only when the property was owne…
In Virginia, do you pay sales tax on the tire disposal fee a tire shop charges when you buy new tires?
Yes. The AG concluded that when the true object of a transaction is buying a product (tires), and the related service (disposing of the old tires) is incidental to that purchase, the disposal fee is s…
Can a Virginia county board open meetings with Christian prayers that name Jesus Christ?
It depended on context. The AG said no clean yes-or-no answer was possible without facts, but cautioned Virginia local boards to take seriously the Fourth Circuit's recent decision in Joyner v. Forsyt…
Which Virginia law enforcement agency executes emergency custody and temporary detention orders for towns with their own police?
Town police, in towns served by their own department. The AG concluded that magistrates should name the town's police department as the 'primary law-enforcement agency of the jurisdiction' for emergen…
Is a pre-1971 hunting and fishing club's land in Virginia exempt from real property tax under the constitutional grandfather clause?
The commissioner of revenue must decide on the facts. The club's pre-1971 status lets it use a liberal-construction grandfather clause. It can qualify if it functioned as an institution of learning or…
Can a Virginia electoral board keep party-authorized poll watchers confined to a specific area of the polling place?
No. Authorized representatives must be allowed to move around the polling place to see and hear what's happening, subject to limits in §§24.2-604(D) and 24.2-607 (no disturbing voters, no campaigning,…
Can a Virginia town council member also serve on the county school board at the same time?
Yes. The AG concluded that a citizen could serve simultaneously on a town council and on the county school board for the county containing that town, so long as the usual residency and other eligibili…
Can Virginia appropriate state funds to nonprofit land trusts for conservation, or does Article IV, § 16 forbid it?
Gifts to land conservation nonprofits are forbidden under Article IV, § 16 (prohibition on appropriations to charitable institutions not owned or controlled by the Commonwealth). But bona fide contrac…
Is a Virginia tobacco shop that lets customers use an in-store roll-your-own (RYO) machine treated as a 'tobacco product manufacturer' under the Tobacco Escrow Statute?
No. The AG concluded that a retailer who lets customers use an on-premises RYO machine to make cigarettes for their personal use is not a 'tobacco product manufacturer' under the Virginia Escrow Statu…
Would Virginia's proposed Right to Farm Act amendments adding aquaculture protect aquaculture only in agricultural-district zones or in any zone allowing agricultural activity?
Both. The AG concluded that committee substitute SB 1190's aquaculture protections would apply to areas zoned as agricultural districts or classifications and to other areas where the zoning provision…
If a Virginia commissioner of revenue or treasurer serves as a DMV license agent, can the county take the DMV money to cover the existing local share of their budget?
No. Under Item 441(C) of the 2010 and 2011 Appropriations Acts, at least 80 percent of the DMV remittance must be appropriated to the constitutional officer's office, and the county cannot use it to s…
Are 'sweepstakes' terminals tied to charitable donations, political contributions, or phone card purchases legal in Virginia, or illegal gambling?
It depends on the facts. The AG could not give a categorical answer. The legality turns on whether the consideration element of gambling is present, which depends on whether the sweepstakes is inciden…
If two members of a three-member Virginia electoral board talk on the phone about scheduling, agenda items, or draft minutes, is that a 'meeting' under FOIA? What about email?
Phone discussion is a meeting. A two-member conversation by a three-member electoral board about public business is an unlawful 'informal assemblage' meeting under VFOIA. Email, however, lacks the sim…
Does a Virginia locality have to commission an annual audit of its clerk of court, and can the Auditor of Public Accounts (APA) only step in under limited conditions?
The locality must provide for an annual audit of its constitutional officers, but an audit performed by the APA satisfies that requirement. And the APA's authority to audit constitutional officers is …
Can a Virginia gas producer deduct transportation and other costs when calculating gross receipts for a local severance tax, and can the commissioner audit the producer?
Yes to both, with conditions. A producer of gas not in connection with coal mining may deduct value added after the gas leaves the locality. Coal-related gas production may not take these deductions. …
Does Virginia's $25 jail processing fee under § 15.2-1613.1 apply to anyone who got booked before trial, or only to defendants jailed after conviction?
Only after conviction. The AG concluded that § 15.2-1613.1 authorizes the fee only when a person is admitted (or re-admitted) to jail following conviction. A defendant who spent pretrial time in jail …
Can a Virginia locality enact an ordinance letting a volunteer fire department bill an individual's home or auto insurance for responding to a fire?
No. The AG concluded that § 27-14 (general locality power to make ordinances about fire/EMS departments) does not authorize a locality to permit volunteer fire departments to bill insurance policies f…
When a Virginia clerk receives a letter between opposing lawyers that's been filed in the court file, does it count as a 'proceeding' that keeps a dormant lawsuit alive?
Not by itself. The AG concluded that filing a letter between counsel is not a 'proceeding' under § 8.01-335. But if the letter's contents show that other proceedings (like a deposition notice) are und…
Who qualified for Virginia's 100% disabled veteran property tax exemption after the 2010 constitutional amendment, and could spouses, trusts, or relocations qualify?
The exemption took effect January 1, 2011 (statute retroactive to that date). Veterans who died before that date and their spouses did not qualify. The exemption covered land and dwelling (one-acre ca…
Can a Virginia county board of supervisors give a 5% salary supplement to constitutional officers and their staff out of county funds?
Yes. Section 15.2-1605.1 expressly authorizes a county or city governing body to supplement the compensation of constitutional officers and their deputies or employees above the Compensation Board-app…
Can a Virginia planning commission member also serve on a school board to which they were elected?
Yes. Section 22.1-30(A) prohibits certain local officers from being 'appointed' to the school board, but not from being 'elected' to it. A 1993 amendment deleted the words 'or serve,' confirming that …
Could the University of Virginia legally bar visitors from carrying firearms in University buildings, and did its policy reach concealed carry permit holders?
It could bar open carry through its policy, because the right to openly carry can be limited in sensitive places. But its policy could not reach concealed carry permit holders, because § 18.2-308(O) o…
Can a Virginia county board of supervisors put a mixed-beverage-sales referendum on the ballot, or does the petition have to come from voters?
The board cannot. Section 4.1-124(A) requires a petition signed by qualified voters (10 percent of the locality's voters, or 100, whichever is greater). The AG concluded that neither individual superv…
When did a Virginia state contractor have to use E-Verify under § 2.2-4308.2, and did it cover crop pickers, delivery drivers, subcontractors, or returning seasonal workers?
Only contracts primarily for services triggered E-Verify, not contracts primarily for goods like tomatoes. The duty did not extend to subcontractors. Seasonal workers were 'newly hired' for E-Verify o…
What happens in Virginia when a county board fails to adopt a redistricting plan after the decennial census?
The board must reapportion every tenth year using the most recent census data. The AG concluded this is mandatory. If the board fails to act, any citizen may sue for a writ of mandamus to compel adopt…
Are Hanover County's ordinances banning livestock at large, restricting firearm discharge near roads and homes, and limiting loud animal noises constitutional?
Yes, all three. The livestock ordinance is a rational property regulation. The firearm-discharge ordinance is a tailored 'sensitive places' rule that exempts self-defense and leaves carry intact. The …
If a Virginia county fails to adopt a budget, can the circuit court clerk close the office, and what happens to electronic filings?
Yes. The AG concluded that a clerk may close the office when the county has not adopted a budget and the clerk cannot pay employees. The clerk and staff may volunteer, and any electronic-filing functi…
When a Virginia deed of trust secures more debt than the property is worth, does the clerk calculate recordation tax on the debt or on the property's fair market value?
On the debt. The AG concluded that § 58.1-803(A) bases the recordation tax on the amount of indebtedness whenever that amount is known. Fair market value applies only when the secured amount is not as…
When water leaks from a Virginia condo's roof or shared pipes and damages a unit, who pays for the repair: the unit owner or the condo association?
By default, the unit owner pays for damage to their unit unless the damage originated in or through the common elements (like a leaking roof or shared pipes); in that case, the association pays. Both …
Can a Virginia school board in Planning District 12 hire a board member's spouse or close relative without violating the Conflicts of Interest Act?
Yes, but only under tight conditions. Franklin County and other Planning District 11, 12, and 13 localities fall under a statutory exception. The board member must recuse and certify no involvement, a…
How does a Virginia county switch from staggered Supervisor elections to a single quadrennial election year?
In Orange County, after the staggered-term ordinance is repealed, § 24.2-220 requires Supervisors in Districts 2, 3, and 5 to be elected to four-year terms in 2011, Supervisors in Districts 1 and 4 to…
Can a Virginia volunteer fire department bill a homeowner's or auto insurance policy after responding to a fire call?
No. The AG concluded that volunteer fire and rescue squads have no statutory authority and no implied-contract right to bill a beneficiary's home or auto insurance policy for responding to a fire emer…
Can Virginia's budget bill raise a fee set by a Code section without re-enacting and republishing that Code section, or does Article IV, § 12 of the state constitution forbid it?
Yes, it can. The AG concluded that the 2011 budget bill's provision doubling the Trauma Center Fund fee in § 18.2-270.01(A) was constitutional because the budget did not literally amend the Code secti…
Can a Virginia prosecutor amend a state police DUI charge to a local ordinance violation?
Yes. Section 46.2-1308 only blocks amending Title 46.2 (motor vehicle) charges by state police to local ordinances. It does not block amending charges under other titles, like § 18.2-266 DUI. So a pro…
Does a Virginia clerk have to call the district courts before issuing a concealed handgun permit?
No. The CCRE criminal records report and consultation with local law enforcement satisfy the statute. The clerk is not required to verify pending charges with the general district or juvenile and dome…
Can a Virginia city keep the money collected from red-light camera tickets, or does it have to go to the state Literary Fund?
The city can keep it. Red-light camera penalties under § 15.2-968.1 are civil monetary penalties, not criminal fines. The Virginia Constitution requires only criminal fines for offenses against the Co…
Can a Virginia citizen carry a firearm for personal protection into a place of worship during services?
Yes. The AG concluded that carrying a weapon for personal protection is a 'good and sufficient reason' under Va. Code § 18.2-283 to bring a weapon into a place of worship during religious meetings. Bu…
Can a Virginia water authority put a lien on a rental property for the tenant's unpaid water bill?
Yes. The Dinwiddie County Water Authority can record a lien for up to three months of unpaid charges without first obtaining a judgment or trying to collect from the tenant, as long as it followed the…
Does Virginia's ban on Sunday hunting violate the state constitutional right to hunt and fish?
No. Article XI, § 4 of the Virginia Constitution protects the right to hunt and fish but expressly allows the General Assembly to regulate it. The Sunday hunting ban in § 29.1-521(A) predates the 2000…
What does Senate Bill 1111 do to Virginia's coal tax credit redemption rules?
If enacted, SB 1111 sets a July 1, 2016 sunset on coal-economic-interest holders' ability to redeem credits with the Tax Commissioner. After that date, only the electricity generators that earned the …
What composite index applies when two Virginia school divisions consolidate?
The lower of the two pre-merger composite indices. Under § 15.2-1302, the combined district's state funding stays at or above the sum of the pre-merger amounts for at least five years (longer if the l…
Can employees of a Virginia regional partnership join the Virginia Retirement System?
No. The Hampton Roads Partnership is not a 'political subdivision' under § 51.1-124.3 because the General Assembly did not designate it as one and it does not exercise sovereign powers like issuing de…
Can a Virginia Commonwealth's Attorney appeal a circuit court tax ruling to the Virginia Supreme Court?
No. Section 58.1-3003 only authorizes a Commonwealth's Attorney to appeal a county tax levy to the circuit court, not beyond. Aggrieved taxpayers can file their own Supreme Court appeal under § 8.01-6…
Did Virginia's new disabled-veterans property tax exemption apply to bills due mid-year in 2011 in cities with a July tax year?
No. The exemption applied only to tax years beginning on or after January 1, 2011. Hampton's tax year began July 1, 2010, so the second-half real estate tax bill due June 5, 2011 fell within the pre-e…
Can a Virginia county exclude out-of-state prisoners from its population count for redistricting?
Only if the inmate population at the state correctional facility exceeds 12% of the locality's total. Pittsylvania County's Green Rock inmates from Pennsylvania were under 2% of population, so the cou…
Who controls school payroll in a Virginia city, the school board or the city treasurer?
Both, with different roles. The school board picks the pay dates on a regular monthly, semi-monthly, or biweekly schedule. The city treasurer handles the mechanics of cutting the checks. School funds …
Does a Virginia wiring contractor need a private security license to install cables that might be used by a separate alarm company's security cameras?
Yes, but only if the installer has access to 'confidential information' about the design, extent, status, or location of the end user's electronic security equipment. If the installer just runs cable …
What's the statute of limitations on Virginia credit card debt?
Five years (the written-contract limit) if at least one signed document references and incorporates the other writings that hold the essential terms. Three years (unwritten contracts) if essential ter…
When a Virginia sheriff serves a debtor interrogatories summons or garnishment summons under a writ of fieri facias, must the sheriff also levy on the debtor's tangible property at the same time, and what fees apply?
No. Writs of fieri facias, debtor interrogatories, and garnishments are distinct, related proceedings. The sheriff may need to levy on tangible property when executing a fi. fa., but no levy is requir…
Can Virginia put money in the state budget for a private charity like a food bank or Operation Smile?
No. Article IV § 16 of the Virginia Constitution bars direct appropriations to charities the state does not own or control, even when the cause is sympathetic. The state can pay a charity for goods or…
Can a Virginia public school district charge students for the Advanced Placement exam when the school requires the exam to complete the AP course?
No. A Virginia school district cannot impose a mandatory AP exam fee on students taking the AP course. Public schools must be free, and no statute authorizes this fee.
Can Virginia force its National Guard to keep Don't Ask, Don't Tell after Congress repealed it?
The Constitution reserves militia officer appointments to the states, so Virginia retains some authority over its state Guard. But Congress controls federal recognition of Guard officers and can condi…
Would the proposed Virginia Worker Misclassification Act treat franchisees as employees of their franchisors?
The bill's text doesn't exclude franchises, but applying its three-part ABC test to typical franchise arrangements would exclude franchisees from being classified as employees. The text and the test p…
Can someone get charged in Virginia for reckless paddleboarding?
Yes. The AG concluded that paddleboards are 'similar devices' to surfboards under Va. Code § 29.1-738, so reckless use that endangers another person's life, limb, or property is a violation of the sta…
Can a Virginia HOA put a cap on how many homes in the neighborhood can be rented out?
Yes, if it's done by a properly drafted, adopted, and enforced covenant that doesn't conflict with the association's declarations, bylaws, or rules. The cap also has to serve a legitimate purpose and …
Can a Virginia city and its school board share back-office services like health plans, accounting, or a shared chief financial officer?
Yes for ordinary back-office sharing (health plans, accounting). But sharing a chief financial officer is riskier because it threatens the school board's budget independence. The school board cannot g…
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Attorney general opinions in Virginia are written by the Virginia Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.