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2002 Opinions


02-001 January 2, 2002 Drug-Free Workplace Program Required by Tenn. Code Ann. § 50-9-113 and Its Effect on Competitively Bid Construction Services for a Local Board of Education
02-002 January 2, 2002 Governmental Liability for Off-Duty Police Officers Working for Private Security Firms
02-003 January 2, 2002 Disclosure of Social Security Numbers as a Condition for the Issuance of Handgun Carry Permits
02-004 January 2, 2002 Elected Judge Receiving Honorarium
02-005 January 3, 2002 Fundraising by Multicandidate Political Campaign Committee with Legislator as Treasurer
02-006 January 4, 2002 Use of BEP Funding to Pay for Teachers’ Health Insurance Increases in Premium
02-007 January 4, 2002 Board of Veterinary Medical Examiners
02-008 January 9, 2002 Constitutional Impediment to Individual Holding County and City Office
02-009 January 9, 2002 Qualifying to Run for Office of Sheriff
02-010 January 10, 2002 State Senate - Redistricting Plan - Constitutionality
02-011 January 10, 2002 Liability coverage of Tennessee State Guard and members
02-012 January 18, 2002 Same Individual Running for Office of Sheriff and Constable
02-013 February 1, 2002 Bank Ownership of Title Insurance Companies
02-014 February 5, 2002 Legislator's Oath of Office
02-015 February 6, 2002 Obligation of County Jail to Accept Prisoners
02-016 February 6, 2002 Confidentiality and Disclosure of Social Security Numbers
02-017 February 6, 2002 Collection of Litigation Taxes in Misdemeanor Speeding Cases Under Tenn. Code Ann. § 55-8-152
02-018 February 13, 2002 Social Security Numbers on Applications for Drivers Licenses
02-019 February 13, 2002 Interpretation of Proposed Lottery Amendment
02-020 February 26, 2002 New Special School District
02-021 February 26, 2002 Post-Mortem Examinations
02-022 February 26, 2002 “Ward of the State” for the Purposes of the Individuals With Disabilities Education Act
02-023 February 27, 2002 Hours for Beer Sales on Sundays
02-024 March 1, 2002 Organization as a Lobbyist
02-025 March 4, 2002 Tennessee Code Annotated § 8-27-303; Use of state funds received by local education agency that provides “equal or superior” insurance plan
02-026 March 7, 2002 Excess Insurance under the Insurance Guaranty Association Laws
02-027 March 7, 2002 Constitutionality of Tenn. Code Ann. § 36-1-142
02-028 March 14, 2002 Surrender of Memphis City Charter
02-029 March 14, 2002 Employment of Real Estate Appraisers and Taxpayer Agents by Lawyers and Accountants
02-030 March 14, 2002 House Redistricting Plan - 2002 Tenn. Pub. Acts Ch. 468 - Representation of New Districts
02-031 March 15, 2002 Appropriations Exceeding Revenues
02-032 March 15, 2002 Qualifications for State Senator - Residency for Three Years in the State - Article II, Section 10 of the Tennessee Constitution
02-033 March 15, 2002 Hours for Beer Sales in Unincorporated Areas of a County
02-034 March 15, 2002 Failure to Adopt a Budget
02-035 March 15, 2002 Correctional Officers Carrying Firearms While Off Duty
02-036 March 27, 2002 Taxability of Sale of Electricity for Use in Rental Cabins
02-037 April 1, 2002 HB 3162/SB 3090 - Residency Requirement for Candidates for County Legislative Body - Delegation of Authority to Set Residency Requirement to County Legislative Body - Constitutionality
02-038 April 2, 2002 SB 2599/HB2549 - Pledge of Allegiance - Public Schools - Constitutionality
02-039 April 3, 2002 Ten Commandments - Posting - Courthouse - Establishment Clause
02-040 April 3, 2002 Statutory Change to General Sessions Judges’ Salaries
02-041 April 4, 2002 Constitutionality of amending Tenn. Code Ann. §55-50-321 to Require the Issuance of Temporary“Driver’s Certificates” to Otherwise Qualified Applicants Who Have Not Been Issued a Social Security Number
02-042 April 9, 2002 Duration of the Revocation of Driving Privileges for DUI conviction by Formal Action of the Department of Safety
02-043 April 9, 2002 Setting Tax Rate for Franklin Special School District
02-044 April 9, 2002 In Lieu of Tax Payments in Shelby County
02-045 April 12, 2002 Proposed Income Tax effect on Retirement Plans
02-046 April 15, 2002 Lake County General Sessions Judge as Part-Time Position
02-047 April 15, 2002 Salary of New Lake County General Sessions Judge
02-048 April 16, 2002 Multi-County Utility District Water Tap Policy
02-049 April 17, 2002 Multicandidate Political Campaign Committee as “Individual” under Tenn. Code Ann. § 2-10-310
02-050 April 17, 2002 The City Paper as Newspaper of General Circulation for Publication of Official Notices
02-051 April 22, 2002 Authority of Utility District to Charge Fee When Sewer Service is Available But Not Connected
02-052 April 24, 2002 Court Security Committee
02-053 April 26, 2002 Execution of Distress Warrants for Unpaid Business Taxes
02-054 April 30, 2002 Legality of Redemption Machines
02-055 April 30, 2002 Constitutionality of H.B. 2651 regarding forfeiture of motor vehicles used in promoting or patronizing prostitution
02-056 April 30, 2002 Break-the-mold schools as authorized by Tenn. Code Ann. § 49-3-365
02-057 April 30, 2002 Proposed Private Act for Loudon County Board of Education
02-058 May 3, 2002 Write-In Candidate for Sheriff
02-059 May 6, 2002 Constitutionality of HB2479
02-060 May 7, 2002 Appointment and Confirmation of Tennessee Regulatory Authority Directors
02-061 May 8, 2002 Inability of county beer board to revoke beer permit because place of public gathering is built within the prohibited distance for beer sales
02-062 May 16, 2002 Fundraising by Legislators under Tenn. Code Ann. § 2-10-310 and Tenn. Code Ann. § 3-6-108(i)
02-063 May 16, 2002 Duty of General Sessions Court Clerk regarding Litigation Tax
02-064 May 17, 2002 Review of Attorney General Opinion No. 02-021
02-065 May 17, 2002 Cities under the Public Records Act
02-066 May 17, 2002 Overcoming Mayoral Veto under Portland City Charter
02-067 May 21, 2002 House Education Committee authority regarding appointees to State Board of Education.
02-068 May 22, 2002 Maintenance of Support - K-12 Funding
02-069 May 22, 2002 Senate Bill 1201/House Bill 1767 - Primary Elections - Write-In Candidates
02-070 May 23, 2002 Eligibility of non-teaching school employee to run for and serve on local school board
02-071 May 29, 2002 Application of Uniform Administrative Procedures Act to Revenue Hearings Conducted Pursuant to Tenn. Code Ann. § 67-1-105
02-072 June 3, 2002 Clerks of Court - Costs - Collection - Successful Party - Payment
02-073 June 10, 2002 Reward for Voting
02-074 June 12, 2002 Interchange between General Sessions Judge and Chancellor by Private Act
02-075 June 12, 2002 Authority of criminal court clerks and availability of records
02-076 June 27, 2002 Constitutionality of Amendment No. 2 to Senate Bill 1201/House Bill 1767
02-077 June 28, 2002 Carroll County Watershed Authority Liability
02-078 July 3, 2002 Unauthorized Practice of Law - Private Right of Action - Standing - Courts - Completion of Form Contracts in the Sale or Lease of Personal Property
02-079 July 15, 2002 Service of Process under 2002 Tenn. Pub. Acts Ch. 794
02-080 July 15, 2002 Determination of Payments in Lieu of Taxes by McMinnville Electric System
02-081 July 19, 2002 Costs for Indigent Defense under Tenn. Code Ann. § 40-14-210
02-082 July 19, 2002 Effect of unpaid civil penalties and/or unfiled campaign disclosure reports on write-in candidates
02-083 July 29, 2002 Veteran’s Service Officer under Tenn. Code Ann. § 58-3-111(c)
02-084 August 2, 2002 Effect of Chapter 859 of the 2002 Public Acts on the Rate and Distribution of the Business Tax
02-085 August 5, 2002 Use of School Building and Property by Private Entities
02-086 August 6, 2002 Civil Liability of Foster Care Agency Pursuant to Tenn. Code Ann. §37-10-101
02-087 August 20, 2002 Application of State Sales Tax Rate to Goods Delivered On or After July 15, 2002
02-088 August 20, 2002 TennCare Coverage of Drug Treatment
02-089 August 21, 2002 Legality of Vending Machine Distributing Instant Win Cards
02-090 August 27, 2002 Seizure and Disposition of Pawned Items
02-091 August 27, 2002 Distribution of Hall Income Tax Revenues to Municipalities and Counties
02-092 August 28, 2002 Legality and Regulation of Sales of Beer and Liquor by the Drink in the City of Arlington
02-093 August 28, 2002 Approval of KIPP Nontraditional Schools Under Authority of Tenn. Code Ann. § 49-1-207
02-094 August 28, 2002 Powers and Duties of Williamson County Constables
02-095 September 3, 2002 Apportionment of DUI Fines to Reimburse Incarceration Costs
02-096 September 3, 2002 Warren County Purchasing Laws
02-097 September 11, 2002 Payment Professional Privilege Tax
02-098 September 11, 2002 Tennessee Equitable Restrooms Act
02-099 September 16, 2002 Tenn. Code Ann. §40-35-313
02-100 September 16, 2002 Married Minor; Compulsory School Attendance Laws
02-101 September 19, 2002 Private Act Creating New Division of General Sessions Court
02-102 September 30, 2002 DUI prosecution of drivers of motorized riding lawnmowers
02-103 October 1, 2002 Construction of a Bridge on a State Road by a Non-Profit Foundation
02-104 October 1, 2002 DUI Defendant’s Rights to Designate Towing Company
02-105 October 1, 2002 Register of Deeds’ Legal Liability For Not Recording A Deed
02-106 October 1, 2002 Collinwood City Judge Serving as Collinwood City Attorney
02-107 October 1, 2002 Consequence of Attorney Refusing Appointment by Juvenile Court to Represent Parent or Child
02-108 October 1, 2002 TennCare Open Enrollment for the Medically Eligible
02-109 October 2, 2002 Constable as Neutral and Detached Magistrate
02-110 October 7, 2002 Change to Utility District Service Area
02-111 October 7, 2002 Children’s Exposure to Environmental Smoke in State Owned or Controlled Property
02-112 October 10, 2002 City Judge's Authority to Perform Marriage
02-113 October 10, 2002 Constable Fee for Delivery of Garnishment to Bank Garnishee
02-114 October 16, 2002 Use of Legislative Office and Staff
02-115 October 17, 2002 Authority to Hire Attorney
02-116 October 18, 2002 Madison County Constables - Searches Incident to Arrest- Domestic Abuse
02-117 October 22, 2002 Local Government Official on State Election Commission
02-118 October 24, 2002 Tenn. Code Ann. § 2-7-111 - 100 Foot Boundary - Campaign Free Zone - Applicability to Adjacent Private Property
02-119 October 24, 2002 Restoration of Rights Forms for Handgun Permit Purposes
02-120 October 28, 2002 The Offense of Aggravated Perjury and the Related Defense of Retraction
02-121 October 30, 2002 Franklin County Civil Service Board Member as Franklin County Election Commission Member
02-122 November 4, 2002 Cosmetology Board's Authority to Terminate Contract
02-123 November 15, 2002 Inapplicability of Contract Security Company Licensing Laws to Funeral Escort Services
02-124 November 18, 2002 Status of Dislocated Workers under the New TennCare Waiver
02-125 November 25, 2002 Day-for-day Service of Sentence Following Probation Revocation
02-126 November 25, 2002 Does Tenn. Code Ann. § 40-6-206 Prohibit Serving a 5-Year-Old Probation Violation Warrant
02-127 November 25, 2002 Application of 2002 Tenn. Pub. Acts Ch. 799 to HMOs, Regarding Utilization Review Agents
02-128 November 25, 2002 Conflict of Interest Under the County Management Financial System of 1981
02-129 November 26, 2002 State Financial Responsibility for Utility Relocation
02-130 December 2, 2002 Use of Drug Forfeitures for Police Training
02-131 December 12, 2002 Legislator's Private Meeting with a Citizens' Group in a Public Facility
02-132 December 12, 2002 Activities of Legislative Staff
02-133 December 18, 2002 Public Records on the Internet
02-134 December 19, 2002 Scheduling Workers’ Compensation Benefit Review Conferences
02-135 December 23, 2002 Disposition of Real Estate Assets of Chattanooga Public Television Station
02-136 December 23, 2002 Drug Tests on Pregnant Women and Infants and the Child Abuse Reporting Statute

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