2002 Opinions

Office of the Attorney General and Reporter
Robert E. Cooper, Jr.

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