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Saturday, June 5, 2010

Presumption about Legislature and awareness

 "While it is not binding on this Court, an Opinion of the  Attorney General is "entitled to due consideration." 
[Twietmeyer v. City of Hampton, 255 Va. 387, 393, 497 S.E.2d  858, 861 (1998).]  

This is particularly so when the General  Assembly has known of the Attorney General's Opinion, in this case for five years, and has done nothing to change it.  "The legislature is presumed to have had knowledge of the Attorney General's interpretation of the statutes, and its failure to make corrective amendments evinces legislative acquiescence in the Attorney General's view."
rowning-Ferris, Inc. v. Commonwealth, 225 Va. 157, 161-62, 300 S.E.2d 603, 605-06 (1983)]. 

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