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2004 Opinions


04-001 January 6, 2004 Pharmacy Benefits under State and Local Government Health Plans
04-002 January 6, 2004 Conflict of Interest: Lottery Advertising
04-003 January 7, 2004 Regulation of Fishing Activities on Interstate Waters Bordering Tennessee
04-004 January 12, 2004 Termination of Teachers in "Corrective Action" Schools under the Federal No Child Left Behind Act
04-005 January 12, 2004 Illegal Registration under Tenn. Code Ann. §2-19-107 Constitutes Voter Fraud for the Purposes of Tenn. Code Ann. §40-29-105
04-006 January 12, 2004 Authority of Security Officers
04-007 January 16, 2004 Vote Required for Zoning Ordinance
04-008 January 21, 2004 Authority of a Trial Court to Set Bail Bond Requirements
04-009 January 27, 2004 Jurisdiction of Trial Courts to Order Diversion Without Certificate of Prior Convictions from TBI
04-010 January 30, 2004 Wine Purchases from Out-of-State Vineyards
04-011 February 3, 2004 Tennessee Tribune as "newspaper" for Purposes of Publication of Official Notices
04-012 February 3, 2004 Beer Permits - Distance Requirement
04-013 February 5, 2004 DUI as a Lesser-included Offense of Child Endangerment and Consecutive Sentencing for DUI and Child Endangerment
04-014 February 5, 2004 Responsibility for Maintenance of Reelfoot Running Bayou
04-015 February 5, 2004 Compensation of Members of County Legislative Body During Term of Office
04-016 February 5, 2004 Conflict of Interest: Sale of County Commissioner's Property
04-017 February 9, 2004 Allocation of Portion of Business Tax Revenues to the State
04-018 February 9, 2004 Subdivision Regulations
04-019 February 9, 2004 Drug and Alcohol Testing of Department of Correction Employees
04-020 February 9, 2004 Possession of Firearms on Publicly Owned Property
04-021 February 9, 2004 Authority of the Alcoholic Beverage Commission to Promulgate Rules Providing for Limited Denials of Alcohol Server Permits
04-022 February 11, 2004 Remote Controlled Railroad Locomotives
04-023 February 12, 2004 Constitutionality of Notice Requirement for Write-In Candidates
04-024 February 12, 2004 Effect of Public Chapter No. 175 of the Acts of 2003 on Expungement of Records in Criminal Cases
04-025 February 12, 2004 Protection from Civil or Criminal Liability for Medical Personnel Taking Blood Samples
04-026 February 12, 2004 Interpretation of Tenn. Code Ann. § 41-4-140
04-027 February 25, 2004 Constitutionality of S.B. 2074/H.B. 2146, Authorizing Coffee County to Levy a Privilege Tax on "Large Events"
04-028 February 17, 2004 Pending Legislation to Amend Tenn. Code Ann. § 36-6-306, the Grandparent Visitation Act
04-029 February 25, 2004 Highway Storm Drainage Maintenance
04-030 February 25, 2004 Payment of Pledge to Legislator During Legislative Session
04-031 February 25, 2004 Municipalities--Cash Payments to Officials in Lieu of Paying Life or Health Insurance Premium
04-032 March 3, 2004 Implementation of 2003 Pub. Ch. 344 (Tennessee Commission of Indian Affairs)
04-033 March 4, 2004 Constitutionality of Legislation Prohibiting the Issuance or Renewal of License Plates Depicting the Confederate Flag
04-034 March 8, 2004 Amendment to Pawnbroker Statute
04-035 March 9, 2004 Authority of Tennessee Department of Transportation to Investigate Alleged Violations of Tennessee Water Quality Control Act
04-036 March 12, 2004 Effect of Criminal Summons Statute on Citizen Arrests and the Authority of Law Enforcement Officer to Seek Arrest Warrants
04-037 March 12, 2004 Effective date of Annexation for Purposes of Local Sales Tax Distribution Under Tenn. Code Ann. § 6-51-115(b)(2)
04-038 March 12, 2004 Juvenile Court Authority to Detain an Adult for an Offense Committed While a Juvenile
04-039 March 12, 2004 Charter Schools: Eligibility for Enrollment in Type 1 Charter School; Approval of new Charter School Application
04-040 March 12, 2004 Negotiation of Payments in Lieu of Taxes by Local Industrial Development Boards
04-041 March 12, 2004 Prohibiting Yard Signs in Subdivision
04-042 March 12, 2004 Legality of Lottery Pool
04-043 March 12, 2004 Powers of Child Support Expedited Process Referees
04-044 March 12, 2004 Constitutionality of Senate Bill 3183 Imposing an Equity Assessment Fee on Tobacco Product Manufacturers Who Are Not Participating in the Tobacco Master Settlement Agreement
04-045 March 18, 2004 Constitutionality of HB 2543 Regarding Marriage License Fee Exception
04-046 March 18, 2004 Applicability of Statue of Anne Provisions Regarding Gambling
04-047 March 19, 2004 Regulation of Fishing Activities on Interstate Waters Bordering Tennessee
04-048 March 22, 2004 Insurance Premiums for County Gas Utility Commissioners -- Variation in Premium Amounts Paid
04-049 March 23, 2004 Authority to Impose Litigation Tax on Parking Tickets
04-050 March 23, 2004 Legality of Campaign Contributions by Limited Partnership
04-051 March 25, 2004 School Buses and Seat Belts
04-052 March 25, 2004 Legislative Resolution on Religion
04-053 March 26, 2004 Effect and Constitutionality of HB 3232 Prohibiting Sex Offenders from Residing within 1,000 Feet of a School
04-054 March 26, 2004 Issuance of Arrest Warrants for Probation Violations
04-055 March 30, 2004 Abortion
04-056 March 31, 2004 Amendment 9 to Senate Joint Resolution 127
04-057 April 6, 2004 Preemption and Visitorial Rules of the Comptroller of the Currency
04-058 April 6, 2004 Amendment to Municipal Incorporation Statute
04-059 April 7, 2004 Effect of Federal Banking Rules on State Predatory Lending Laws
04-060 April 8, 2004 Authority of Board of Accountancy to Hire or Terminate Executive Director and Board Staff
04-061 April 8, 2004 Rejection of House Bill 2651
04-062 April 13, 2004 Constitutionality of Proposed Amendment to HB 2543 Regarding Marriage License Fee Exception
04-063 April 14, 2004 Proposed Amendment to Liquor Laws Under Article II, Section 17
04-064 April 15, 2004 America's News Day as a "Newspaper" and/or "Newspaper of General Circulation"
04-065 April 15, 2004 Joint Agreement for Emergency Communication Services
04-066 April 19, 2004 Constitutionality of HB 2627 Regarding Recognition of Same-Sex Unions or Domestic Partnerships
04-067 April 20, 2004 Assessment of House Bill 2633 / Senate Bill 2594
04-068 April 21, 2004 Constitutionality of HB 3592
04-069 April 21, 2004 Constitutionality of SB 3217 Amending Title 40, Chapter 39, Regarding Sex Offenders
04-070 April 21, 2004 Duties of Jail Inspectors Under Tenn. Code Ann. § 41-4-116
04-071 April 21, 2004 Preparation and use of Forms By Courts; Practice of Law
04-072 April 21, 2004 Charitable Gaming Implementation Law
04-073 April 21, 2004 Charter Schools: Application/Denial Procedure for Type II Charter Schools
04-074 April 22, 2004 Constitutionality of Decoupling Former Governors' Retirement Allowance from Increase in Governor's Salary
04-075 April 23, 2004 Vacancy on County Commission
04-076 April 23, 2004 Constitutionality of Granting a Homestead Exemption Based on Age and Marital Status
04-077 April 27, 2004 Tenn. R. Crim. Pro. 32(c)(3) and Consecutive Sentencing
04-078 April 27, 2004 Commission on Aging--Determining the Unit Costs for Services Provided to the Aging and Disabled Under Tenn. Code Ann. § 71-5-1408
04-079 April 28, 2004 Constitutionality of Certain Proposed Amendments to SB 3394/HB 3512 and SB 3392/HB 3513 relative to TennCare
04-080 April 29, 2004 Fireworks in Washington County
04-081 April 30, 2004 Proposed Amendment to Tenn. Code Ann. § 66-32-107
04-082 April 30, 2004 State Billboard Regulations
04-083 April 30, 2004 Blind Vendor Contracts
04-084 May 4, 2004 Request for Proposals for Construction Management Services
04-085 May 4, 2004 Effect of Tennessee Code Annotated § 40-6-215 upon Rule 4 of the Tennessee Rules of Criminal Procedure
04-086 May 5, 2004 Constitutionality of SB 176/HB 591
04-087 May 5, 2004 Constitutionality of Tenn. Code Ann. § 12-4-320
04-088 May 6, 2004 Fee for Service of Criminal Process
04-089 May 10, 2004 Constitutionality of Proposed House Bill 3186
04-090 May 10, 2004 Authority of General Sessions Judge to Correct a Judgment
04-091 May 11, 2004 State Fire Marshal Adoption of Uniform Fire Codes
04-092 May 13, 2004 Commissioners of City Housing Authority
04-093 May 17, 2004 Appropriation of Funds for Signing and Marking Memorial Highways and Bridges
04-094 May 18, 2004 Lottery Scholarship Eligibility Criteria
04-095 May 18, 2004 Public School System's Calendar--Day Off on Religious Holiday
04-096 May 19, 2004 Contributions to Sheriff's Drug Fund
04-097 June 4, 2004 Criminal Law -- Propriety of Increased Law Enforcement Activities and Stops Based on Probable Cause
04-098 June 24, 2004 Local Governing Body; Local School District; Funding
04-099 June 24, 2004 Defendant's Liability for Court Costs in Pretrial Diversion Program
04-100 June 24, 2004 Liability of Statewide Independent Living Council
04-101 July 2, 2004 Competitive Bidding Requirements for Solid Waste Authorities
04-102 July 2, 2004 Authority of the Secretary of State to Adjust the Lapse Date on Financing Statements Having Initial Maturity Dates Beyond June 30, 2006
04-103 July 2, 2004 Treatment of Depreciation Under the Federal Job Creation and Worker Assistance Act of 2002 in Calculating Partnership Earnings for the Tennessee Excise Tax
04-104 July 2, 2004 Budget of Shelby County Sheriff
04-105 July 2, 2004 Effect of Special Legislation Extending County's Authority Over Activities Regulated by State Agency
04-106 July 9, 2004 Juvenile Court's Subject Matter Jurisdiction to Award Joint Custody
04-107 July 9, 2004 School Purchases -- Local Option Financial Management System Act -- Conflicts
04-108 July 9, 2004 West Tennessee River Basin Authority -- Proposed Stokes Creek Project
04-109 July 9, 2004 Request for Clarification of Opinion No. 03-133 regarding Forfeitures Based on Casual Exchange of Controlled Substances
04-110 July 9, 2004 Extending Sewer Service to Rural Area
04-111 July 9, 2004 Constitutionality of a Specialty License Plate for DUI Offenders
04-112 July 9, 2004 Interstate Movement of Captive Wildlife Through Tennessee Airports
04-113 July 12, 2004 Nepotism Act as Applied to State Park Employees
04-114 July 19, 2004 Sale of Register of Deeds Records to Vendor for Resale to Public by Subscription
04-115 July 19, 2004 Over-the-Counter Sale of Non-Corrective, Decorative/Cosmetic Contact Lenses
04-116 July 20, 2004 Imposition of Civil Penalty for Violation of Hamilton County Hotel-Motel Tax Act
04-117 July 20, 2004 Admission to Bail after Waiver of Extradition
04-118 July 20, 2004 Admissibility of Laboratory Reports
04-119 July 20, 2004 Waivers for Certification of Reserve/Part-time/Full-time Law Enforcement Officers
04-120 July 20, 2004 State Senate Residency Requirements
04-121 July 22, 2004 Local Government Use of Federal General Service Administration Contracts; Tenn. Code Ann. § 12-3-1001(c)
04-122 July 26, 2004 Judge's Authority to Order a DUI Offender to Attend an Exclusive State-Certified DUI School
04-123 July 26, 2004 Adjustments in Basic Education Program Funds Based on Transfer of School or Annexation of School by Another LEA
04-124 July 27, 2004 Effect of Tenn. Code Ann. § 4-6-215 on Type of Process Available to Initiate Contempt Proceeding for Non-Payment of Court-Ordered Fine
04-125 August 10, 2004 Authority of School Board to Hold Referendum on County Property Tax Rate
04-126 August 11, 2004 Responsibility to Maintain Records of State Employee Sick Leave for Retirement Purposes
04-127 August 11, 2004 DCS and Juvenile Court Authority Make Decisions About Children's Extraordinary Medical Care
04-128 August 11, 2004 Regulation of Medical Clinics
04-129 August 11, 2004 Civil Rights Intimidation; Harassment
04-130 August 12, 2004 Tennessee Health Services and Development Agency -- Applicability of Title VI of the Civil Rights Act of 1964
04-131 August 13, 2004 Impact of Blakely v. Washington on Tennessee's Sentencing Scheme
04-132 August 16, 2004 Authority to Guarantee Student Loans
04-133 August 20, 2004 Private Act-- General Sessions Judgeship-- Funding
04-134 August 20, 2004 "Utility Water Service" under Tenn. Code Ann § 6-51-301(a)(1)
04-135 August 23, 2004 Recall Election for City Officials
04-136 August 24, 2000 Volunteer Parent-Drivers Transporting Students to School Sporting Events
04-137 August 24, 2000 Extraterritorial "Spot Zoning" under Growth Plan
04-138 August 24, 2004 Legal Relationship Between Tennessee Commission of Indian Affairs and Tennessee Native American Convention and Advisory Council of the Tennessee Indian Affairs
04-139 August 24, 2004 Judicial Residence
04-140 August 26, 2004 Sales Tax Exemption for Energy Fuels Sold Directly to Consumer for Residential Use
04-141 August 31, 2004 "Unclaimed" Return-Receipt Letters
04-142 September 1, 2004 State Agency Rule-Making Authority and the Right to Counsel in Child Support Contempt Cases
04-143 September 1, 2004 Convicted Felon Serving as an Agent to a Bail Bondsman
04-144 September 2, 2004 Tenn. Code Ann. § 40-35-321 (d)(1) - Applicability to Persons on Pretrial and Judicial Diversion
04-145 September 2, 2004 Authority to Suspend a Professional Bondsman
04-146 September 2, 2004 Juvenile Serving on a Jury
04-147 September 2, 2004 Federal Administrative Law Judge's Authority to Perform Marriage
04-148 September 7, 2004 Stop and ID
04-149 October 1, 2004 Amendment of County Tax Rates
04-150 October 1, 2004 Change in Use or Withdrawal of Donor's Contribution to Chairs of Excellence Endowment Fund
04-151 October 5, 2000 Use of Tobacco Products in Local Jail Facilities
04-152 October 7, 2004 Application of Mineral Severance Tax to "Tennessee Mountain Stone"
04-153 October 7, 2004 HIPAA
04-154 October 11, 2004 Occupations Subject to Professional Privilege Tax
04-155 October 13, 2000 Drug Testing as a Condition of Pre-trial Release on Bail
04-156 October 25, 2004 Worthless Checks
04-157 October 25, 2004 Police Chaplain's Authority to Perform Marriage
04-158 November 1, 2004 Constitutionality of Proposed Adequate Facilities Tax
04-159 November 8, 2004 Inapplicability of Public Law 86-272 to the Tennessee Franchise Tax
04-160 November 10, 2004 Nonlawyer Corporate Representation Before Department of State Contested Case Hearings
04-161 November 10, 2004 Tenn. Code Ann. § 66-5-106
04-162 November 10, 2004 County Cash Payments to Employee in Lieu of Paying Employee's Health Insurance Premiums
04-163 November 10, 2004 Application of Campbell County Hotel-Motel Tax to Rental of Houseboats on Norris Lake
04-164 November 10, 2004 Judicial Commissioners in Metropolitan Counties Seeking Higher Office
04-165 November 12, 2004 Constitutionality of Confidentiality Provisions of Tenn. Code Ann. § 17/5/303(b) and Court of the Judiciary Rule 8
04-166 November 19, 2004 TBE Program
04-167 November 19, 2004 Repeal of Private Act
04-168 November 23, 2004 Solicitation of Charitable Funds Act / LILAC Registration
04-169 November 29, 2004 Impropriety of Reducing Tax Refunds to Consumers by the Costs of Applying for the Refund
04-170 December 15, 2004 Lights on Motor Vehicles
04-171 December 15, 2004 Authority to Divide Judicial District
04-172 December 17, 2004 Penalty for Parking Unregistered Car on Property
04-173 December 17, 2004 Assessment of Court Costs Upon Judgment of Forfeiture of Bail Bond
04-174 December 17, 2004 TEMA Disaster Recovery Volunteers

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