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2006 Opinions


06-001 January 3, 2006 Arrest Warrants - Applicability of Tenn. Code Ann. §40-6-206 to Felony Cases
06-002 January 4, 2006 Disclosure Requirements under Ethics Act
06-003 January 5, 2006 Effect of Public Chapter No. 175 of the Acts of 2003 on the Expungement of Records in Multi-Count Criminal Indictments
06-004 January 6, 2006 Status of a Caucus Under Title VI, State and Federal Tax Law, and State Laws Governing Non-profit Corporations
06-005 January 9, 2006 Filling of Vacancy in Senate if Election is Declared VoidFederal Law
06-006 January 9, 2006 Sequential Instructions for Jury Consideration of Lesser-Included Offenses
06-007 January 10, 2006 Tenn Code Ann. § 13-7-208 Protection of Nonconforming Billboard Sites
06-008 January 10, 2006 Availability of Diversion After Entry of Judgment and Service of Sentence
06-009 January 12, 2006 Removing Administrative Law Practice Exemption from Ethics Act
06-010 January 13, 2006 Penalties for Panhandling in Violation of City Ordinance
06-011 January 13, 2006 Courts in Gibson County
06-012 January 17, 2006 The Juvenile Court's Authority to Order a Safety Plan
06-013 January 19, 2006 Application of Tenn. Code Ann. § 3-6-114 to Non-Registered Lobbyists
06-014 January 19, 2006 Residential Closing Funds Distribution Act of 2005
06-015 January 19, 2006 Procedure for Expungement of Divorce Records
06-016 January 20, 2006 Validity of 1937 Private Act Regarding Marion County Teachers' Tenure
06-017 January 24, 2006 Lifetime Ban on Legislative Lobbying
06-018 January 26, 2006 Court Clerks in Gibson County
06-019 January 27, 2006 Purchase of Prescription Drugs from Foreign Countries
06-020 (Revised) January 27, 2006- March 28, 2006 Liability of Audiology Practitioners for Payment of Business Tax and Sales and Use Tax
06-021 January 30, 2006 Constitutionality of Amendment 93 to SB 7001
06-022 January 31, 2006 Emergency 911 Employment of Aliens
06-023 February 1, 2006 Limits on Campaign Expenditures
06-024 February 6, 2006 Aggregate Contribution Limits and Disclosure Requirements under Proposed Ethics Bill
06-025 February 6, 2006 Lobbyist Campaign Donations
06-026 February 7, 2006 Inability of the State to Require Notaries Public to be U.S. Citizens
06-027 February 8, 2006 Tullahoma Airport Authority Commissioners
06-028 February 8, 2006 Applicability of Public Records Act to Utility District Records
06-029 February 8, 2006 Legal Protection of Self-Deploying Law Enforcement Officers and Authority of Law Enforcement Officers under the Emergency Management Assistance Compact ("EMAC")
06-030 February 13, 2006 Authority of City Utility System to Repair Privately Owned Lines
06-031 February 14, 2006 Building Permits in Union County
06-032 February 14, 2006 Private Act Authorizing City of LaFollette to Assess Cleanup Costs Against Real Property Owners
06-033 February 14, 2006 Legality of Amendment to Mineral Severance Tax
06-034 February 14, 2006 Liability of TRICOR Board Members
06-035 February 14, 2006 Retroactive Application of New DUI Punishment
06-036 February 21, 2006 Membership of Fiscal Review Committee
06-037 February 21, 2006 Applicability of the Blind Vendors Program, Tenn. Code Ann. §§ 71-4-501, et seq., to fire stations
06-038 February 22, 2006 Constitutionality of Legislation Placing General Assembly Under Open Meetings Act
06-039 February 23, 2006 Governmental Entity's Authority to Outsource Non-Delinquent Revenue Administration
06-040 February 24, 2006 Constitutionality of House Bill 1282
06-041 February 27, 2006 Meetings of Joint Legislative Committees
06-042 February 27, 2006 Municipal Ordinance Prohibiting Political Campaign Signs in Public Right-of-Way
06-043 February 28, 2006 Constitutionality of Bills Prohibiting Picketing, Protesting, or Demonstrating at Funerals
06-044 March 9, 2006 Authority to Appoint Temporary Replacement for Suspended General Sessions Judge
06-045 March 10, 2006 Eligibility of a Person Convicted of Certain Crimes to Serve as a Police Officer or Sheriff Where That Person's Citizenship Rights Have Been Restored Pursuant to Court Order
06-046 March 10, 2006 Legality of Leasing Equipment for and Conducting Poker Tournaments
06-047 March 13, 2006 Constitutionality of Provision in Chapter 1 of the Public Acts of 2006, Reserving Seats on the Ethics Commission For African-American and Female Members
06-048 March 15, 2006 The Residential Closing Funds Distribution Act, 2005 Tennessee Public Acts, Chapter 273
06-049 March 16, 2006 General Sessions Judge Running for Office of District Attorney General
06-050 March 16, 2006 Use of Flashing Blue Lights
06-051 March 20, 2006 Public Access to Schools by Professional Teachers' Associations
06-052 March 21, 2006 Suspension or Refusal to Issue Certificates for Driving
06-053 March 27, 2006 Regulation of Internet Drop-off Stores by the Tennessee Auctioneer Commission
06-054 March 28, 2006 Authority to Rename Public Roads
06-055 March 28, 2006 Residency Requirements for City Officials
06-056 March 28, 2006 Service on Tennessee Ethics Commission
06-057 March 28, 2006 Legality of Provisions of H.B. 2501 Permitting Distribution of Expired Legend or Prescription Drugs Through Non-Profit Organizations
06-058 April 3, 2006 Constitutionality of HB 2842
06-059 April 3, 2006 County Assessor's and Board of Equalization's Powers to Compel Witnesses
06-060 April 5, 2006 Application of Open Meetings and Public Records Acts to City Audit Committee and Internal Auditor
06-061 April 5, 2006 Investigatory Duties Under Tenn. Code Ann. § 49-7-129
06-062 April 5, 2006 Payment of Court Costs and Fines as a Condition of Parole
06-063 April 7, 2006 City Police Escort for Funeral Processions; Proposed Amendment to Tenn. Code Ann. § 55-8-183
06-064 April 7, 2006 Banning Lobbyist Contributions to Committee Controlled by House or Senate Caucus
06-065 April 11, 2006 Membership on Tennessee Ethics Commission
06-066 April 11, 2006 Whether the Tennessee Risk Management Trust is an LEA or "person" under the Education Truth in Reporting and Employee Protection Act of 1989, Tenn. Code Ann. §§ 49-50-1401 et. seq.
06-067 April 12, 2006 Constitutionality of House Bill 2763 and Senate Bill 2763
06-068 April 12, 2006 Application of minimum time price differential
06-069 April 12, 2006 Records Custodian's Duties Under Public Records Act
06-070 April 17, 2006 Constitutionality of Proposed Legislation Requiring a Person Arrested For a Violent Felony or Aggravated Burglary to Provide a Biological Specimen For DNA Analysis
06-071 April 17, 2006 Applicability of the Open Meetings Act to the Tennessee School Boards Association
06-072 April 17, 2006 Senate Bill 3813 Regarding Credit Cards
06-073 April 21, 2006 Immunity of Members of the General Assembly from the Criminal Offense of Perjury
06-074 April 21, 2006 Voiding of Election
06-075 April 24, 2006 Constitutionality of Passing On Cost of a Collection Agent
06-076 April 24, 2006 Funeral Procession Escort's Duty
06-077 April 25, 2006 Robertson County Highway Department Employee Wages
06-078 April 27, 2006 Constitutionality of Campaign Event by State Legislator
06-079 April 27, 2006 Mediation and the Practice of Law
06-080 May 1, 2006 Casino Gambling on Land Held by Federally Recognized Indian Tribe Under Lease Agreement with the Tennessee Valley Authority
06-081 May 1, 2006 Interlocal Agreements under Tenn. Code Ann. §§ 12-9-101, et seq.
06-082 May 4, 2006 Ability of Municipalities to Prevent Individuals Convicted of D.U.I. from Holding a Beer Permit or Being Employed at an Establishment That Has a Beer Permit
06-083 May 5, 2006 Validity of general pay raise for all school employees except contract school bus drivers that are paid partly as subcontractors and partly as school employees
06-084 May 5, 2006 Payment of Medical Expenses of Jail Prisoners on Medical Furlough or Bond
06-085 May 9, 2006 Dual Prosecutions for (1) Contempt for Violating an Order of Protection and (2) Violation of Tenn. Code Ann. § 36-3-612 for Knowingly Violating a Protective Order
06-086 May 9, 2006 Creation of Division of Juvenile Court
06-087 May 11, 2006 Private Act Creating Part III of Rutherford County General Sessions Court
06-088 May 15, 2006 Legislation Regarding Carter County Probate Clerk
06-089 May 16, 2006 Use of Funds Generated by Fayette County Adequate Facilities Tax
06-090 May 16, 2006 Contributions in Plea Agreements
06-091 May 16, 2006 Newspaper of General Circulation: Hamilton County Herald
06-092 May 16, 2006 Deputy Sheriffs Disqualified to Serve as Bondsmen in Any District or County
06-093 May 17, 2006 Political Campaigning by Sheriffs' Employees
06-094 May 22, 2006 Warrantless Arrest on Ex Parte Orders of Protection
06-095 May 22, 2006 Constitutionality of SB 3256
06-096 May 22, 2006 Constitutionality of Senate Bill 2512 as Amended by House Amendments Nos. 1 and 3
06-097 May 22, 2006 Constitutionality of an elected Solicitor General
06-098 May 26, 2006 Constitutionality of Provision in Senate Bill 3296 Exempting Agricultural Land from Consideration as Blighted Area
06-099 June 8, 2006 Constitutionality of Governor's Authority to Transfer Functions Between Departments
06-100 June 12, 2006 Adoption of Metropolitan Government
06-101 June 14, 2006 Application of Nepotism Act
06-102 June 21, 2006 Municipal Resident's Eligibility for Enrollment in County School
06-103 June 21, 2006 Rental License Ordinance
06-104 June 23, 2006 Confidentiality of records from reserve audit of governmental pool
06-105 June 26, 2006 Open Meetings Act Application to a "task force committee"
06-106 July 5, 2006 Constitutionality of proposed legislation banning the distribution of sexual devices.
06-107 July 5, 2006 Prohibition of law enforcement from videotaping or digitally recording a juvenile during an investigation of a delinquent act.
06-108 July 5, 2006 Practice of Law; Preparation of Petitions for Orders of Protection
06-109 July 5, 2006 Handgun Permit Eligibility
06-110 July 12, 2006 Legality of Marriage Without Tennessee License
06-111 July 13, 2006 Use of Lottery Proceeds for Test Preparation Computer Modules
06-112 July 13, 2006 Metro Pawnshop Enforcement Program
06-113 July 19, 2006 City of Goodlettsville Referendum for Liquor by the Drink
06-114 July 19, 2006 Conflict of Interest in a Member of the Tennessee Commission on Fire Fighting Personnel Standards and Education also serving as an Instructor at the Tennessee Fire Service and Codes Academy
06-115 July 25, 2006 Term Limits on Gibson County Utility District Commissioners
06-116 July 25, 2006 Filling of Vacancy on Supreme Court
06-117 July 26, 2006 Responsibilities of Sex Offender Treatment Board
06-118 July 27, 2006 Allocation of Funds to School Board
06-119 July 28, 2006 Terms on Judicial Evaluation Commission
06-120 August 1, 2006 Conflict of Interest in the Director of the Tennessee Law Enforcement Training Academy Acting as Executive Secretary of the Tennessee Peace Officer Standards and Training Commission.
06-121 August 1, 2006 Court Clerks' Fees
06-122 August 1, 2006 Proration of Ad Valorem Taxes on Real Property at Time of Sale
06-123 August 1, 2006 Morristown City Court Judge Serving as Juvenile Court Referee
06-124 August 2, 2006 Home Rule Charter Amendments on Ballot
06-125 August 3, 2006 Tenn Code Ann. § 13-7-208 Protection of Nonconforming Billboard Sites
06-126 August 4, 2006 Interpretation of Tenn. Code Ann. § 50-6-204(a)(1)
06-127 August 4, 2006 Newspaper of General Circulation: The Commercial Appeal
06-128 August 15,2006 Early Voting at Satellite Locations
06-129 August 15,2006 Confidentiality of Pole Attachment Rate Information
06-130 August 15,2006 Validity of Tennessee State Board of Education Rule 0520-1-604, requiring schools that serve grades 6, 7, or 8 and higher grade levels to meet certain nutritional standards.
06-131 August 15,2006 Constitutionality of Mandatory Deoxyribonucleic Acid ("DNA") Testing for Paternal Identification in Child Support Cases
06-132 August 15,2006 County commissioners voting under Tenn. Code Ann. § 2-8-111
06-133 August 18, 2006 Matching Funds for Federal Grant
06-134 August 21, 2006 Monitoring of Sex Offenders at Probation and Parole Field Offices
06-135 August 21, 2006 Collection of Fines and Court Costs in General Sessions Criminal Cases
06-136 August 22, 2006 Veterans' Employment Statutes
06-137 August 28, 2006 Application of Public Chapter 965
06-138 September 8, 2006 Retroactive Application of Public Chapter 965
06-139 September 11,2006 County Board of Education's Authority to Contract for Professional Services Where County has Adopted Financial Management Act of 1981.
06-140 September 18, 2006 Vehicle Protection Product Act
06-141 September 18, 2006 Interpretation of the 2006 Amendments to Tenn. Code Ann. § 49-4-933 (f)
06-142 September 19, 2006 Use Permitted on Review Zoning Classification
06-143 September 19, 2006 Re-establishment of Tennessee Racing Commission
06-144 September 20, 2006 State Legislator Assuming Office
06-145 September 26, 2006 Applicability of Tennessee Marriage Amendment to Same Sex Civil Unions or Domestic Partnerships
06-146 September 26, 2006 Private College Security Guards and Proprietary Security Organizations
06-147 September 27, 2006 Municipal Court Clerks' Commission on Litigation Taxes for Cases Heard Under Concurrent General Sessions Jurisdiction
06-148 September 29, 2006 Constitutionality of Felon Restoration Statute
06-149 October 2, 2006 Authority to Investigate Animal Abuse Cases
06-150 October 2, 2006 City's Authority to Contract for Enforcement of Traffic Signals and Speed Limits
06-151 October 2, 2006 Compliance with Tenn. Code Ann. § 6-58-114
06-152 October 5, 2006 County Commissioner Assuming Another Elected Office
06-153 October 5, 2006 Vacancy in State Senate
06-154 October 5, 2006 Validity of Shelby County Ballot
06-155 October 5, 2006 Interpretation of Tenn. Code Ann. § 71-4-502(4)
06-156 October 5, 2006 Inmate Funds Accounting/Blind Vendors
06-157 October 5, 2006 Regulating Crosses on Private Property
06-158 October 5, 2006 Chattanooga Times Free Press as "newspaper" and/or "newspaper of general circulation"
06-159 October 5, 2006 Conflicts of Interest: State and County Election Commissions
06-160 October 5, 2006 Utility District Selling Infrastructure
06-161 October 11, 2006 County regulation of dogs and cats
06-162 October 12, 2006 Additional compensation for clerk and master providing services for probate cases
06-163 October 12, 2006 Authority Of County To Hold Non-Binding Advisory Referendum
06-164 October 17, 2006 Medical Laboratory Personnel Rule
06-165 October 17, 2006 Tennessee Commission of Indian Affairs - Individual and Organizational Recognition Criteria
06-166 November 9, 2006 Knoxville Journal as "newspaper" and/or "newspaper of general circulation"
06-167 November 9, 2006 Arrest Based on Refusal to Sign Citation or Provide Identification Following a Violation of City Code or Ordinance
06-168 November 13, 2006 Reapportionment of South Carroll Special School District
06-169 November 13, 2006 Employees' Entitlement to Unused Vacation Pay upon Termination of Employment Pursuant to Tenn. Code Ann. § 50-2-103(a)(3)
06-170 November 20, 2006 Sale of Recreational Vehicles at Convention Center
06-171 November 22, 2006 Deadline for Registering to Vote
06-172 November 22, 2006 Authority to compel emergency evacuations
06-173 November 22, 2006 Consideration of Attempted Felony Conviction for Purpose of Police Officer Certification by Tennessee Peace Officer Standards and Training Commission.
06-174 December 4, 2006 Woods Memorial Hospital District
06-175 December 7, 2006 The legality of serving alcoholic beverages during private engagements at the McMinnville Parks and Recreation Civic Center
06-176 December 8, 2006 Domestic nonprofit water cooperative merging with or transferring assets to municipality
06-177 December 19, 2006 State Tax Relief Program and Exemption from Storm Water User Fees

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