2001 Opinions

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• Opinion No. 01-001, Jurisdiction of General Sessions Courts — Boating Regulation Violations, January 4, 2001
• Opinion No. 01-002, Membership of a Professional Limited Liability Company for the Practice of Electrolysis, January 4, 2001
• Opinion No. 01-003, Naming Rights of Public Building and Advertising Sales, January 4, 2001
• Opinion No. 01-004, Use of Video Cameras to Enforce Traffic Ordinances, January 4, 2001
• Opinion No. 01-005, Duties of Emergency Medical Technicians and Emergency Medical “First Responders”, January 8, 2001
• Opinion No. 01-006, Payment of salary and benefits to former city judge, January 10, 2001
• Opinion No. 01-007, Validity ofResidency Requirement for President Emeritus under Chapter 840, 2000 Tennessee Public Acts under United States and Tennessee Constitutions, January 17, 2001
• Opinion No. 01-008, Authority for Certification of Firefighters, January 25, 2001
• Opinion No. 01-009, Clergy-Penitent Privilege, January 25, 2001
• Opinion No. 01-010, Civil Liability of a Parent for Minor Child’s Conversion of Property, January 25, 2001
• Opinion No. 01-011, Legislator on Judicial Selection Commission and Judicial Evaluation Commission, January 26, 2001
• Opinion No. 01-012, Election Laws - Equal Protection - Punch Card Machines - Uniformity - Bush v. Gore, January 30, 2001
• Opinion No. 01-013, Interfacing roles of the Director of Schools and local Board of Education regarding teacher reemployment, dismissal and tenure, January 30, 2001
• Opinion No. 01-014, Public records - Tennessee Municipal League Risk Management Pool, January 30, 2001
• Opinion No. 01-015, Government Official — Processing Fees for Use of Credit Cards, January 31, 2001
• Opinion No. 01-016, Status of Full-time Employees of the Board of Professional Responsibility for Purposes of Membership in the Tennessee Consolidated Retirement System, February 6, 2001
• Opinion No. 01-017, Metropolitan Form of Government, February 6, 2001
• Opinion No. 01-018, Charitable Solicitations, February 6, 2001
• Opinion No. 01-019, State Lottery - - Impact of Federal Indian Gaming Regulatory Act, February 7, 2001
• Opinion No. 01-020, Review of Bounty Hunter Powers, February 7, 2001
• Opinion No. 01-021, Providing Access to Public Records, February 8, 2001
• Opinion No. 01-022, Transfer of Covington City Schools to Tipton County Board of Education, February 12, 2001
• Opinion No. 01-023, Ability of the Tennessee Bureau of Investigation to Require Firearm Purchaser to Supply His/Her Social Security Number, February 14, 2001
• Opinion No. 01-024, Salary of Hawkins County General Sessions Judge, February 15, 2001
• Opinion No. 01-025, Jurisdiction of General Sessions Criminal Court Over Drug Court Hearings, February 22, 2001
• Opinion No. 01-026, Authorization for Taxation in Home Rule City, February 27, 2001
• Opinion No. 01-027, Judicial Commissioners’ Authority to Issue Extended Orders of Protection, February 27, 2001
• Opinion No. 01-028, Applicability of Parenting Plan Act to Juvenile Court Cases, February 27, 2001
• Opinion No. 01-029, Salary of Hamblen County General Sessions Judge, March 5, 2001
• Opinion No. 01-030, RU-486 — Abortion — Parental Consent and Informed Consent Statutes., March 7, 2001
• Opinion No. 01-031, Different Private Acts Rewriting City Charter, March 8, 2001
• Opinion No. 01-032, Interpretation of Tenn. Code Ann. § 38-7-105, March 12, 2001
• Opinion No. 01-033, Availability of Protection Orders in Cases of Domestic Abuse, March 12, 2001
• Opinion No. 01-034, Tax Rates for the McKenzie Special School District, March 12, 2001
• Opinion No. 01-035, Proposed Legislation Regarding Infant Abandonment, March 12, 2001
• Opinion No. 01-036, Preemption of Tenn. Code Ann. § 65-4-201(c) and/or (d) by 47 U.S.C. § 253, March 19, 2001
• Opinion No. 01-037, Employee Pension Funds Not Considered “Earnings” Under Workers’ Compensation Act, March 19, 2001
• Opinion No. 01-038, Probable cause determinations by judicial commissioners, March 19, 2001
• Opinion No. 01-039, Reconsideration Tenn. Atty. Gen. Op. No. 00-94 (May 18, 2000) - Constitutionality of House Bill 1932/Senate Bill 1933 from 101st General Assembly, March 19, 2001
• Opinion No. 01-040, Expungement of Records, March 19, 2001
• Opinion No. 01-041, Jurisdiction of General Sessions Court Under Tenn. Code Ann. § 33-7-303, March 19, 2001
• Opinion No. 01-042, Applicability of Open Meetings Act to Hospital Board, March 19, 2001
• Opinion No. 01-043, Authority of General Sessions Court to Reduce Bail Amount, March 26, 2001
• Opinion No. 01-044, Persons Exempt from licensing under Tenn. Code Ann. 55-50-304(5)(B), March 26, 2001
• Opinion No. 01-045, Political Action Committee Fundraising for Referendum, March 26, 2001
• Opinion No. 01-046, Lobbyist Contributions to Legislator Running for Federal Office, March 26, 2001
• Opinion No. 01-047, Constitutionality of SB 1547--Amendment to Tennessee Petroleum Trade Practices Act, March 26, 2001
• Opinion No. 01-048, Effect of Home Rule Charter on Liquor Referendum in Lenoir City, March 28, 2001
• Opinion No. 01-049, Alderman as Member of Fayetteville Public Utilities Board, March 28, 2001
• Opinion No. 01-050, Private Act Addressing County Zoning of Industrial and Commercial Development Areas and Mobile Home Parks, March 28, 2001
• Opinion No. 01-051, Imposition of Amusement Tax on Whitewater River Rafting in Polk County, April 2, 2001
• Opinion No. 01-052, Effect of Scenic River Area Classification on Permitting of Proposed Dam Outside Designated Segment of Scenic River, April 2, 2001
• Opinion No. 01-053, Municipal regulation of smoking in restaurants, April 9, 2001
• Opinion No. 01-054, Authority of Supreme Court to Require Collection of Case-Related Data, April 9, 2001
• Opinion No. 01-055, Use of Screening Panels and Investigative Subpoenas by the Health Related Boards, April 10, 2001
• Opinion No. 01-056, Sales and Use Tax Exemption for Purchases Made Through TennCare, April 11, 2001
• Opinion No. 01-057, Requirement for Street Number Display, April 11, 2001
• Opinion No. 01-058, Payment of Litigation Tax by an Individual with Convictions in Multiple Criminal Cases, April 11, 2001
• Opinion Number 01-059, Oaths for Telephone Depositions to be used in the Courts of Tennessee, April 16, 2001
• Opinion No. 01-060, Requiring Thumbprint in Pawnshop Transactions, April 17, 2001
• Opinion No. 01-061, “Public Hearing” under Tenn. Code Ann. § 5-12-108, April 19, 2001
• Opinion No. 01-062, Authority of local beer board to engage the services of a private investigator to investigate reports of the sale of beer to minors., April 20, 2001
• Opinion No. 01-063, Interpretation of Tenn. Code Ann. § 62-6-111(i)(2), April 20, 2001
• Opinion No. 01-064, State Lottery and the Federal Indian Gaming Regulatory Act, April 24, 2001
• Opinion No. 01-065, Constitutionality of Proposed Amendments to Pawn Shop Laws, April 25, 2001
• Opinion No. 01-066, Payment for Railroad Crossing Signs, April 30, 2001
• Opinion No. 01-067, Inability of Telephone Coop to Operate Cable Television or Video Programming Systems, April 30, 2001
• Opinion No. 01-068, Potential Effect on the Collection of Litigation Taxes Caused by Definition of “Case” in Proposed Amendment to Tenn. Code Ann. § 16-21-107, May 2, 2001
• Opinion No. 01-069, Public Records - Tennessee School Boards Association, May 2, 2001
• Opinion No. 01-070, Authority of Beech River Watershed Development Authority to Contract with Henderson County for use of County Equipment in Road and Subdivision Development, May 2, 2001
• Opinion No. 01-071, Preparation of Forms; Practice of Law Regarding Probate, May 7, 2001
• Opinion No. 01-072, Senate Joint Resolution 110, May 8, 2001
• Opinion No. 01-073, “TDOT Appreciation Day”, May 8, 2001
• Opinion No. 01-074, Constitutionality of Proposed Identity Theft Legislation, May 8, 2001
• Opinion No. 01-075, Authority of Metropolitan Nashville Police Department to Provide Law Enforcement Officers or Lease Equipment to a Third Party, May 8, 2001
• Opinion No. 01-076, Contribution of city funds to special school district, May 8, 2001
• Opinion No. 01-077, Constitutionality of HB 123/SB 019, May 8, 2001
• Opinion No. 01-078, Community-Based Screening for Mental Health Services, May 8, 2001
• Opinion No. 01-079, De novo trials in Circuit Court of convictions in General Sessions Court, May 8, 2001
• Opinion No. 01-080, County Highway Department’s Responsibility for Private Bridge Repairs, May 17, 2001
• Opinion No. 01-081, Review of judicial commissioner appointment and powers, May 18, 2001
• Opinion No. 01-082, Authority of civil court trial judges to include the expense of jury members’ meals in the assessment of discretionary costs, May 18, 2001
• Opinion No. 01-083, “Consulting Services” under Senate Bill 239/House Bill 344, May 22, 2001
• Opinion No. 01-084, Conflict of Interest: Rutherford County Highway Commission, May 23, 2001
• Opinion No. 01-085, Constitutionality of SB 1070/HB 576--Amendment to Unfair Sales Law, May 23, 2001
• Opinion No. 01-086, Authority of Legislative Committee to Review Agency Rules, May 23, 2001
• Opinion No. 01-087, Clarification for Authority on HB-0704/SB-0304, May 24, 2001
• Opinion No. 01-088, Fingerprinting -- Costs of Electronic Equipment, May 24, 2001
• Opinion No. 01-089, Validity of HB 2006 / SB 1973, Authorizing Tax on Car Rentals at Airports, May 30, 2001
• Opinion No. 01-090, Etowah City Manager Serving As General Manager, June 4, 2001
• Opinion No. 01-091, Need for the Pharmacy Based Immunization Program Guidelines to be Promulgated as a Rule Under the Tennessee Uniform Administrative Procedures Act., June 4, 2001
• Opinion No. 01-092, Regional Planning and Urban Growth Boundaries, June 4, 2001
• Opinion No. 01-093, Use of Unemployment Compensation Funds for Administrative Expenses, June 4, 2001
• Opinion No. 01-094, Authority of court clerks to issue immediate, pre-trial writs of possession, June 7, 2001
• Opinion No. 01-095, Tennessee Tribune as a “newspaper” for purposes of publication of official notices, June 7, 2001
• Opinion No. 01-096, Impact of Growth Plan on Extension of Sewer Service, June 12, 2001
• Opinion No. 01-097, Accounting method under Tenn. Code Ann. § 68-221-1010(a)(2), June 13, 2001
• Opinion No. 01-098, Extraterritorial Power of Eminent Domain for Municipal Utilities, June 13, 2001
• Opinion No. 01-099, Local School Board Contract with Outside Provider to Operate School, June 18, 2001
• Opinion No. 01-100, City of Knoxville - Recall Petition - Qualified Voters - Home Rule - Constitutionality, June 18, 2001
• Opinion No. 01-101, Use of student information collected from private, parochial, and denominational schools, June 22, 2001
• Opinion No. 01-102, Legality of extending director of schools’ contract, June 22, 2001
• Opinion No. 01-103, City School System’s Use of County School Bond Proceeds, June 26, 2001
• Opinion No. 01-104, Name Change of Non-U.S. Citizen, June 27, 2001
• Opinion No. 01-105, Agency Authority To Promulgate Rule Establishing Stop Work Orders, June 27, 2001
• Opinion No. 01-106, Constitutionality of Pawnshop Bill, June 27, 2001
• Opinion No. 01-107, McMinn County General Sessions Judge’s Salary, June 29, 2001
• Opinion No. 01-108, Salary of General Sessions Judge under New Population Classification, June 29, 2001
• Opinion No. 01-109, Salary of Roane County General Sessions Judge, July 6, 2001
• Opinion No. 01-110, Hamblen County General Sessions Judge’s Salary, July 6, 2001
• Opinion No. 01-111, School Board Contract with Outside Provider to Operate School, July 11, 2001
• Opinion No. 01-112, Delayed BEP Funding, July 12, 2001
• Opinion No. 01-113, Teacher Retirement: Beginning and ending dates for school year, July 16, 2001
• Opinion No. 01-114, Memphis City Ordinance, July 16, 2001
• Opinion No. 01-115, Constitutionality of Tenn. Code Ann. § 65-21-114 Concerning Countywide Telephone Calling, July 20, 2001
• Opinion No. 01-116, Claiborne County General Sessions Judge as Juvenile Center Administrator, July 20, 2001
• Opinion No. 01-117, Beer sales to golf course patrons away from the golf course clubhouse or restaurant, July 24, 2001
• Opinion No. 01-118, Restitution for Medical Services Provided to Inmates at County Jails, July 26, 2001
• Opinion No. 01-119, Officer Discretion in Making Felony Arrests, July 27, 2001
• Opinion No. 01-120, Responsibilities of District Attorneys General in Municipal Courts, July 31, 2001
• Opinion No. 01-121, Definition of Political Campaign Committee, July 31, 2001
• Opinion No. 01-123, Public Building Authority Subject to 2001 Tenn. Pub. Acts Ch. 364, August 7, 2001
• Opinion No. 01-124, Sheriff and Police Qualifications — Minimum Educational Requirements, August 7, 2001
• Opinion No. 01-125, Requiring Connection to New Sewer System, August 7, 2001
• Opinion No. 01-126, Correctional Officers Carrying Firearms While Off-Duty, August 7, 2001
• Opinion No. 01-127, Constitutionality of a proposal to publish names and photographs of those convicted of prostitution-related offenses., August 9, 2001
• Opinion No. 01-128, Applicability of the Blind Vendors Program, Tenn. Code Ann. §§ 71-4-501, et seq., to municipalities, August 17, 2001
• Opinion No. 01-129, Authority to Establish a Credit Card Bank, August 17, 2001
• Opinion No. 01-130, Authority of Juvenile Court to Detain Child on Pending Delinquency Charges, August 20, 2001
• Opinion No. 01-131, Responsibility for Collecting Litigation Tax in Appeals, August 20, 2001
• Opinion No. 01-132, Non-citizen access to public records, August 22, 2001
• Opinion No. 01-133, Constitutionality of Section 10 of Public Chapter 327 Of Public Acts of 2001, August 28, 2001
• Opinion No. 01-134, Ban on Lobbyist Contributions to Nonincumbents during the Legislative Session, August 29, 2001
• Opinion No. 01-135, Corporate Agent for Housing Authority, August 31, 2001
• Opinion No. 01-136, Potential Liability Issues Resulting from Adoption of New Design Criteria for Rock Fallout Areas, September 4, 2001
• Opinion No. 01-137, Validity of Metropolitan Government’s Ordinance Requiring Graffiti Removal, September 4, 2001
• Opinion No. 01-138, Constitutionality of Grand Jury Subpoena of Blood Alcohol Tests, September 4, 2001
• Opinion No. 01-139, Authority of Local Law Enforcement Agencies to Charge a Fee to a State Agency for Criminal Background Checks, September 4, 2001
• Opinion No. 01-140, Application of Tenn. Code Ann. § 4-21-406(b), September 4, 2001
• Opinion No. 01-141, Increase in Manchester Hotel/Motel Tax, September 4, 2001
• Opinion No. 01-142, Constitutionality of H.B.2030, relative to a proposed optional bail bond procedure for individuals required to appear in the Overton County General Sessions Court., September 4, 2001
• Opinion No. 01-143, Tolls /Fees on County or State Highways, September 4, 2001
• Opinion No. 01-144, State Employee as School Board Member, September 4, 2001
• Opinion No. 01-145, Sheriff’s entitlement to fees on first wage garnishment, September 11, 2001
• Opinion No. 01-146, Records Concerning HIV Patients, September 14, 2001
• Opinion No. 01-147, Establishment of Horizontal Property Regime without Regional Planning Commission’s Approval, September 14, 2001
• Opinion No. 01-148, Service of Process/right of process server/ refusal of service, September 24, 2001
• Opinion No. 01-149, Authority of a private business to refuse to allow a private process server or a sheriff from proceeding onto its business property to serve civil papers., September 24, 2001
• Opinion No. 01-150, Licensing of Home Medical Equipment Providers, September 24, 2001
• Opinion No. 01-151, Reducing Number of County Commissioners, September 25, 2001
• Opinion No. 01-152, Alderman Serving as Constable, September 25, 2001
• Opinion No. 01-153, Election of City Judge in Home Rule City, October 1, 2001
• Opinion No. 01-154, Applicability of Statutory Penalties to Litigation Taxes, October 1, 2001
• Opinion No. 01-155, Expunction of Records after Entry of Nolle Prosequi, October 4, 2001
• Opinion No. 01-156, Admission of service dogs to places of public accommodation, October 22, 2001
• Opinion No. 01-157, Legality and Reinstatement of Beer Permit Distance Standards, October 25, 2001
• Opinion No. 01-158, Education: Use of Confidential Information About Juvenile Delinquent, October 25, 2001
• Opinion No. 01-159, Placement of Double-Wide Trailers in Trailer Parks, October 25, 2001
• Opinion No. 01-160, Authority of city to refer to its court as a general sessions court, October 25, 2001
• Opinion No. 01-161, Limits on Loans from Candidate’s Personal Funds to Candidate’s Campaign, November 5, 2001
• Opinion No. 01-162, Juvenile court referees also serving as appointed counsel in criminal cases, November 5, 2001
• Opinion No. 01-163, Certified Trainers under the Private Protective Services Licensing and Regulatory Act, November 5, 2001
• Opinion No. 01-164, ELL student TCAP results in calculating “teacher effect” for the TVAAS, November 13, 2001
• Opinion No. 01-165, Confidentiality of Taxpayer Information Stated on Business License Application, September 15, 2001
• Opinion No. 01-166, County Authority to Regulate Nuisances, November 15, 2001
• Opinion No. 01-167, Authority of Governmental Entities to Audit the Metropolitan Nashville Airport Authority, November 20, 2001
• Opinion No. 01-168, Practice of Senior Law Students Before the Courts, November 21, 2001
• Opinion No. 01-169, Paid Military Leave for Public Employees When Called to Active Duty By Governor, November 27, 2001
• Opinion No. 01-170, Removal and Development of Designated Natural Areas Under Natural Areas Preservation Act, December 12, 2001
• Opinion No. 01-171, Right of a Pipeline Corporation to Condemn an Easement for its Pipelines for the Transportation and Distribution of Liquid Petroleum Products, December 21, 2001
• Opinion No. 01-172, Legislature’s Power to Create Commission to Set or Regulate State Taxes, December 18, 2001