2002 Opinions

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• Opinion No. 02-001, 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, January 2, 2002
• Opinion No. 02-002, Governmental Liability for Off-Duty Police Officers Working for Private Security Firms, January 2, 2002
• Opinion No. 02-003, Disclosure of Social Security Numbers as a Condition for the Issuance of Handgun Carry Permits, January 2, 2002
• Opinion No. 02-004, Elected Judge Receiving Honorarium, January 2, 2002
• Opinion No. 02-005, Fundraising by Multicandidate Political Campaign Committee with Legislator as Treasurer, January 3, 2002
• Opinion No. 02-006, Use of BEP Funding to Pay for Teachers’ Health Insurance Increases in Premium, January 4, 2002
• Opinion No. 02-007, Board of Veterinary Medical Examiners, January 4, 2002
• Opinion No. 02-008, Constitutional Impediment to Individual Holding County and City Office, January 9, 2002
• Opinion No. 02-009, Qualifying to Run for Office of Sheriff, January 9, 2002
• Opinion No. 02-010, State Senate - Redistricting Plan - Constitutionality, January 10, 2002
• Opinion No. 02-011, Liability coverage of Tennessee State Guard and members, January 10, 2002
• Opinion No. 02-012, Same Individual Running for Office of Sheriff and Constable, January 18, 2002
• Opinion No. 02-013, Bank Ownership of Title Insurance Companies, February 1, 2002
• Opinion No. 02-014, Legislator’s Oath of Office, February 5, 2002
• Opinion No. 02-015, Obligation of County Jail to Accept Prisoners, February 6, 2002
• Opinion No. 02-016, Confidentiality and Disclosure of Social Security Numbers, February 6, 2002
• Opinion No. 02-017, Collection of Litigation Taxes in Misdemeanor Speeding Cases Under Tenn. Code Ann. § 55-8-152, February 6, 2002
• Opinion No. 02-018, Social Security Numbers on Applications for Drivers Licenses, February 13, 2002
• Opinion No. 02-019, Interpretation of Proposed Lottery Amendment, February 13, 2002
• Opinion No. 02-020, New Special School District, February 26, 2002
• Opinion No. 02-021, Post-Mortem Examinations, February 26, 2002
• Opinion No. 02-022, “Ward of the State” for the Purposes of the Individuals With Disabilities Education Act, February 26, 2002
• Opinion No. 02-023, Hours for Beer Sales on Sundays, February 27, 2002
• Opinion No. 02-024, Organization as Lobbyist, March 1, 2002
• Opinion No. 02-025, Tennessee Code Annotated § 8-27-303; Use of state funds received by local education agency that provides “equal or superior” insurance plan, March 4, 2002
• Opinion No. 02-026, Excess Insurance under the Insurance Guaranty Association Laws, March 7, 2002
• Opinion No. 02-027, Constitutionality of Tenn. Code Ann. § 36-1-142, March 7, 2002
• Opinion No. 02-028, Surrender of Memphis City Charter, March 14, 2002
• Opinion No. 02-029, Employment of Real Estate Appraisers and Taxpayer Agents by Lawyers and Accountants, March 14, 2002
• Opinion No. 02-030, House Redistricting Plan - 2002 Tenn. Pub. Acts Ch. 468 - Representation of New Districts, March 14, 2002
• Opinion No. 02-031, Appropriations Exceeding Revenues, March 15, 2002
• Opinion No. 02-032, Qualifications for State Senator - Residency for Three Years in the State - Article II, Section 10 of the Tennessee Constitution, March 15, 2002
• Opinion No. 02-033, Hours for Beer Sales in Unincorporated Areas of a County, March 15, 2002
• Opinion No. 02-034, Failure to Adopt a Budget, March 15, 2002
• Opinion No. 02-035, Correctional Officers Carrying Firearms While Off Duty (Revised), March 15, 2002
• Opinion No. 02-036, Taxability of Sale of Electricity for Use in Rental Cabins, March 27, 2002
• Opinion No. 02-037, HB 3162/SB 3090 - Residency Requirement for Candidates for County LegislativeBody - Delegation of Authority to Set Residency Requirement to County Legislative Body - Constitutionality, April 1, 2002
• Opinion No. 02-038, SB 2599/HB2549 - Pledge of Allegiance - Public Schools - Constitutionality, April 3, 2002
• Opinion No. 02-039, Ten Commandments - Posting - Courthouse - Establishment Clause, April 3, 2002
• Opinion No. 02-040, Statutory Change to General Sessions Judges’ Salaries, April 3, 2002
• Opinion No. 02-041, 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, April 4, 2002
• Opinion No. 02-042, Duration of the Revocation of Driving Privileges for DUI conviction by Formal Action of the Department of Safety, April 9, 2002
• Opinion No. 02-043, Setting Tax Rate for Franklin Special School District, April 9, 2002
• Opinion No. 02-044, In Lieu of Tax Payments in Shelby County, April 9, 2002
• Opinion No. 02-045, Proposed Income Tax effect on Retirement Plans, April 12, 2002
• Opinion No. 02-046, Lake County General Sessions Judge as Part-Time Position, April 15, 2002
• Opinion No. 02-047, Salary of New Lake County General Sessions Judge, April 15, 2002
• Opinion No. 02-048, Multi-County Utility District Water Tap Policy, April 16, 2002
• Opinion No. 02-049, Multicandidate Political Campaign Committee as “Individual” under Tenn. Code Ann. § 2-10-310, April 17, 2002
• Opinion No. 02-050, The City Paper as Newspaper of General Circulation for Publication of Official Notices, April 17, 2002
• Opinion No. 02-051, Authority of Utility District to Charge Fee When Sewer Service is Available But Not Connected, April 22, 2002
• Opinion No. 02-052, Court Security Committee, April 24, 2002
• Opinion No. 02-053, Execution of Distress Warrants for Unpaid Business Taxes, April 26, 2002
• Opinion No. 02-054, Legality of Redemption Machines, April 30, 2002
• Opinion No. 02-055, Constitutionality of H.B. 2651 regarding forfeiture of motor vehicles used in promoting or patronizing prostitution, April 30, 2002
• Opinion No. 02-056, Break-the-mold schools as authorized by Tenn. Code Ann. § 49-3-365, April 30, 2002
• Opinion No. 02-057, Proposed Private Act for Loudon County Board of Education, April 30, 2002
• Opinion No. 02-058, Write-In Candidate for Sheriff, May 3, 2002
• Opinion No. 02-059, Constitutionality of HB 2479, May 6, 2002
• Opinion No. 02-060, Appointment and Confirmation of Tennessee Regulatory Authority Directors, May 7, 2002
• Opinion No. 02-061, Inability of county beer board to revoke beer permit because place of public gathering is built within the prohibited distance for beer sales, May 8, 2002
• Opinion No. 02-062, Fundraising by Legislators under Tenn. Code Ann. § 2-10-310 and Tenn. Code Ann. § 3-6-108(i), May 16, 2002
• Opinion No. 02-063, Duty of General Sessions Court Clerk Regarding Litigation Tax, May 16, 2002
• Opinion No. 02-064, Review of Attorney General Opinion No.02-021, May 17, 2002
• Opinion No. 02-065, Cities under the Public Records Act, May 17, 2002
• Opinion No. 02-066, Overcoming Mayoral Veto under Portland City Charter, May 20, 2002
• Opinion No. 02-067, House Education Committee authority regarding appointees to State Board of Education, May 21, 2002
• Opinion No. 02-068, Maintenance of Support - - K-12 Funding, May 22, 2002
• Opinion No. 02-069, Senate Bill 1201/House Bill 1767 - Primary Elections - Write-In Candidates, May 22, 2002
• Opinion No. 02-070, Eligibility of non-teaching school employee to run for and serve on local school board, May 23, 2002
• Opinion No. 02-071, Application of Uniform Administrative Procedures Act to Revenue Hearings Conducted Pursuant to Tenn. Code Ann. § 67-1-105, May 29, 2002
• Opinion No. 02-072 (revised), Clerks of Court - Costs - Collection - Successful Party - Payment, July 22, 2002
• Opinion No. 02-073, Reward for Voting, June 10, 2002
• Opinion No. 02-074, Interchange between General Sessions Judge and Chancellor by Private Act, June 12, 2002
• Opinion No. 02-075, Authority of criminal court clerks and availability of records, June 12, 2002
• Opinion No. 02-076, Constitutionality of Amendment No. 2 to Senate Bill 1201/House Bill 1767, June 27, 2002
• Opinion No. 02-077, Carroll County Watershed Authority Liability, June 28, 2002
• Opinion No. 02-078, Unauthorized Practice of Law - Private Right of Action - Standing - Courts - Completion of Form Contracts in the Sale or Lease of Personal Property, July 3, 2002
• Opinion No. 02-079, Service of Process under 2002 Tenn. Pub. Acts Ch. 794, July 15, 2002
• Opinion No. 02-080, Determination of Payments in Lieu of Taxes by McMinnville Electric System, July 15, 2002
• Opinion No. 02-081, Costs for Indigent Defense under Tenn. Code Ann. § 40-14-210, July 19, 2002
• Opinion No. 02-082, Effect of unpaid civil penalties and/or unfiled campaign disclosure reports on write-in candidates, July 19, 2002
• Opinion No. 02-083, Veteran’s Service Officer under Tenn. Code Ann. § 58-3-111(c), July 29, 2002
• Opinion No. 02-084, Effect of Chapter 859 of the 2002 Public Acts on the Rate and Distribution of the Business Tax , August 2, 2002
• Opinion No. 02-085, Use of School Building and School Property By Private Entities, August 5, 2002
• Opinion No. 02-086, Civil Liability of Foster Care Agency Pursuant to Tenn. Code Ann. §37-10-101, August 6, 2002
• Opinion No. 02-087, Application of State Sales Tax Rate to Goods Delivered On or After July 15, 2002, August 20, 2002
• Opinion No. 02-088, TennCare Coverage of Drug Treatment, August 20, 2002
• Opinion No. 02-089, Legality of Vending Machine Distributing Instant Win Cards, August 21, 2002
• Opinion No. 02-090, Seizure and Disposition of Pawned Items, August 27, 2002
• Opinion No. 02-091, Distribution of Hall Income Tax Revenues to Municipalities and Counties, August 27, 2002
• Opinion No. 02-092, Legality and Regulation of Sales of Beer and Liquor by the Drink in the City of Arlington, August 28, 2002
• Opinion No. 02-093, Approval of KIPP nontraditional schools under authority of Tenn. Code Ann. § 49-1-207, August 28, 2002
• Opinion No. 02-094, Powers and Duties of Williamson County Constables, August 28, 2002
• Opinion No. 02-095, Apportionment of DUI Fines to Reimburse Incarceration Costs, September 3, 2002
• Opinion No. 02-096, Warren County Purchasing Laws, September 3, 2002
• Opinion No. 02-097, Payment Professional Privilege Tax, September 11, 2002
• Opinion No. 02-098, Tennessee Equitable Restrooms Act
• Opinion No. 02-099, Tenn. Code Ann. §40-35-313, September 16, 2002
• Opinion No. 02-100, Married Minor; Compulsory School Attendance Laws,September 16, 2002
• Opinion No. 02-101, Private Act Creating New Division of General Sessions Court, September 19, 2002
• Opinion No. 02-102, DUI prosecution of drivers of motorized riding lawnmowers, September 30, 2002
• Opinion No. 02-103, Construction of a Bridge on a State Road by a Non-Profit Foundation, October 1, 2002
• Opinion No. 02-104, DUI Defendant’s Rights to Designate Towing Company, October 1, 2002
• Opinion No. 02-105, Register of Deeds’ Legal Liability For Not Recording A Deed, October 1, 2002
• Opinion No. 02-106, Collinwood City Judge Serving as Collinwood City Attorney, October 1, 2002
• Opinion No. 02-107, Consequence of Attorney Refusing Appointment by Juvenile Court to Represent Parent or Child, October 1, 2002
• Opinion No. 02-108, TennCare Open Enrollment for the Medically Eligible, October 1, 2002
• Opinion No. 02-109, Constable as Neutral and Detached Magistrate, October 2, 2002
• Opinion No. 02-110, Change to Utility District Service Area, October 7, 2002
• Opinion No. 02-111, Children’s Exposure to Environmental Smoke in State Owned or Controlled Property, October 7, 2002
• Opinion No. 02-112, City Judge’s Authority to Perform Marriage, October 10, 2002
• Opinion No. 02-113, Constable fee for delivery of garnishment to bank garnishee, October 10, 2002
• Opinion No. 02-114, Use of Legislative Office and Staff, October 16, 2002
• Opinion No. 02-115, Authority to Hire Attorney, October 17, 2002
• Opinion No. 02-116, Madison County Constables - Searches Incident to Arrest - Domestic Abuse, October 18, 2002
• Opinion No. 02-117, Local Government Official on State Election Commission, October 22, 2002
• Opinion No. 02-118, Tenn. Code Ann. § 2-7-111 - 100 Foot Boundary - Campaign Free Zone - Applicability to Adjacent Private Property, October 24, 2002
• Opinion No. 02-119, Restoration of Rights Forms for Handgun Permit Purposes, October 24, 2002
• Opinion No. 02-120, The Offense of Aggravated Perjury and the Related Defense of Retraction, October 28, 2002
• Opinion No. 02-121, Franklin County Civil Service Board Member as Franklin County Election Commission Member, October 30, 2002
• Opinion No. 02-122, Cosmetology Board’s authority to terminate contract, November 4, 2002
• Opinion No. 02-123, Inapplicability of Contract Security Company Licensing Laws to Funeral Escort Services, November 15, 2002
• Opinion No. 02-124, Status of Dislocated Workers Under the New TennCare Waiver, November 18, 2002
• Opinion No. 02-125, Day-for-day service of sentence following probation revocation, November 25, 2002
• Opinion No. 02-126, Does Tenn. Code Ann. § 40-6-206 Prohibit Serving a 5-Year-Old Probation Violation Warrant, November 25, 2002
• Opinion No. 02-127, Application of 2002 Tenn. Pub. Acts Ch. 799 to HMOs, Regarding Utilization Review Agents, November 25, 2002
• Opinion No. 02-128, Conflict of Interest Under the County Management Financial System of 1981, November 25, 2002
• Opinion No. 02-129, State Financial Responsibility for Utility Relocation, November 26, 2002
• Opinion No. 02-130, Use of Drug Forfeitures for Police Training, December 2, 2002
• Opinion No. 02-131, Legislator’s Private Meeting with Citizens’ Groups in a Public Facility, December 12, 2002
• Opinion No. 02-132, Activities of Legislative Staff, December 12, 2002
• Opinion No. 02-133, Public Records on the Internet, December 18, 2002
• Opinion No. 02-134, Scheduling Workers’ Compensation Benefit Review Conferences, December 19, 2002
• Opinion No. 02-135, Disposition of Real Estate Assets of Chattanooga Public Television Station, December 23, 2002
• Opinion No. 02-136, Drug tests on pregnant women and infants and the child abuse reporting statute, December 23, 2002