2004 Opinions

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• Opinion No. 04-001, Pharmacy Benefits under State and Local Government Health Plans, January 6, 2004
• Opinion No. 04-002, Conflict of Interest: Lottery Advertising, January 6, 2004
• Opinion No. 04-003, Regulation of Fishing Activities on Interstate Waters Bordering Tennessee, January 7, 2004
• Opinion No. 04-004, Termination of teachers in “corrective action” schools under the federal No Child Left Behind Act, January 12, 2004
• Opinion No. 04-005, Illegal registration under Tenn. Code Ann. §2-19-107 constitutes voter fraud for the purposes of Tenn. Code Ann. §40-29-105, January 12, 2004
• Opinion No. 04-006, Authority of Security Officers, January 12, 2004
• Opinion No. 04-007, Vote Required for Zoning Ordinance, January 16, 2004
• Opinion No. 04-008, Authority of a Trial Court to Set Bail Bond Requirements, January 21, 2004
• Opinion No. 04-009, Jurisdiction of trial courts to order diversion without certificate of prior convictions from TBI, January 27, 2004
• Opinion No. 04-010, Constitutionality of Tenn. Code Ann. § 57-3-402 as applied to mail order sales of wine to retail customers, January 30, 2004
• Opinion No. 04-011, Tennessee Tribune as a “newspaper” for purposes of publication of official notices, February 3, 2004
• Opinion No. 04-012, Beer Permits - Distance Requirement, February 3, 2004
• Opinion No. 04-013, DUI as a lesser-included offense of child endangerment and consecutive sentencing for DUI and child endangerment., February 5, 2004
• Opinion No. 04-014, Responsibility for Maintenance of Reelfoot Running Bayou, February 5, 2004
• Opinion No. 04-015, Compensation of Members of County Legislative Body During Term of Office, February 5, 2004
• Opinion No. 04-016, Conflict of Interest: Sale of County Commissioner’s Property, February 5, 2004
• Opinion No. 04-017, Allocation of Portion of Business Tax Revenues to the State, February 9, 2004
• Opinion No. 04-018, Subdivision Regulations, February 9, 2004
• Opinion No. 04-019, Drug and Alcohol Testing of Department of Correction Employees, February 9, 2004
• Opinion No. 04-020, Possession of Firearms on Publicly Owned Property, February 9, 2004
• Opinion No. 04-021, Authority of the Alcoholic Beverage Commission to Promulgate Rules Providing for Limited Denials of Alcohol Server Permits, February 9, 2004
• Opinion No. 04-022, Remote-Controlled Railroad Locomotives, February 11, 2004
• Opinion No. 04-023, Constitutionality of notice requirement for write-in candidates, February 12, 2004
• Opinion No. 04-024, Effect of Public Chapter No. 175 of the Acts of 2003 on Expungement of Records in Criminal Cases., February 12, 2004
• Opinion No. 04-025, Protection from civil or criminal liability for medical personnel taking blood samples, February 12, 2004
• Opinion No. 04-026, Interpretation of Tenn. Code Ann. §41-4-140, February 12, 2004
• Opinion No. 04-027, Constitutionality of S.B. 2074/H.B. 2146, Authorizing Coffee County to Levy a Privilege Tax on “Large Events”, February 12, 2004
• Opinion No. 04-028, Pending legislation to amend Tenn. Code Ann. § 36-6-306, the Grandparent Visitation Act, February 17, 2004
• Opinion No. 04-029, Highway Storm Drainage Maintenance, February 25, 2004
• Opinion No. 04-030, Payment of Pledge to Legislator during Legislative Session, February 25, 2004
• Opinion No. 04-031, Municipalities — Cash Payments to Officials in Lieu of Paying Life or Health Insurance Premium, February 25, 2004
• Opinion No. 04-032, Implementation of 2003 Pub. Ch. 344 (Tennessee Commission of Indian Affairs), March 3, 2004
• Opinion No. 04-033, Constitutionality of legislation prohibiting the issuance or renewal of license plates depicting the confederate flag., March 4, 2004
• Opinion No. 04-034, Amendment to Pawnbroker Statute, March 8, 2004
• Opinion No. 04-035, Authority Of Tennessee Department Of Transportation To Investigate Alleged Violations Of Tennessee Water Quality Control Act, March 9, 2004
• Opinion No. 04-036, Effect of criminal summons statute on citizen arrests and the authority of a law enforcement officer to seek arrest warrants, March 12, 2004
• Opinion No. 04-037, Effective Date of Annexation for Purposes of Local Sales Tax Distribution Under Tenn. Code Ann. § 6-51-115(b)(2), March 12, 2004
• Opinion No. 04-038, Juvenile court authority to detain an adult for an offense committed while a juvenile, March 12, 2004
• Opinion No. 04-039, Charter Schools: Eligibility for Enrollment in Type 1 Charter School; Approval of New Charter School Application, March 12, 2004
• Opinion No. 04-040, Negotiation of Payments in Lieu of Taxes by Local Industrial Development Boards, March 12, 2004
• Opinion No. 04-041, Prohibiting Yard Signs in Subdivision, March 12, 2004
• Opinion No. 04-042, Legality of Lottery Pool, March 12, 2004
• Opinion No. 04-043, Powers of Child Support Expedited Process Referees, March 12, 2004
• Opinion No. 04-044, Constitutionality of Senate Bill 3183 Imposing An Equity Assessment Fee On Tobacco Product Manufacturers Who Are Not Participating in the Tobacco Master Settlement Agreement., March 12, 2004
• Opinion No. 04-045, Constitutionality of HB 2543 Regarding Marriage License Fee Exception, March 19, 2004
• Opinion No. 04-046, Applicability of Statute of Anne Provisions Regarding Gambling, March 18, 2004
• Opinion No. 04-047, Regulation of Fishing Activities on Interstate Waters Bordering Tennessee, March 19, 2004
• Opinion No. 04-048, Insurance Premiums for County Gas Utility Commissioners — Variation in Premium Amounts Paid, March 22, 2004
• Opinion No. 04-049, Authority to Impose Litigation Tax on Parking Tickets, March 23, 2004
• Opinion No. 04-050, Legality of campaign contributions by limited partnership, March 23, 2004
• Opinion No. 04-051, School Buses and Seat Belts, March 25, 2004
• Opinion No. 04-052, Legislative Resolution on Religion, March 25, 2004
• Opinion No. 04-053, Effect and constitutionality of HB 3232 prohibiting sex offenders from residing within 1,000 feet of a school, March 25, 2004
• Opinion No. 04-054, Issuance of arrest warrants for probation violations, March 26, 2004
• Opinion No. 04-055, Abortion, March 30, 2004
• Opinion No. 04-056, Amendment 9 to Senate Joint Resolution 127, March 31, 2004
• Opinion No. 04-057, Preemption and Visitorial Rules of the Comptroller of the Currency, April 6, 2004
• Opinion No. 04-058, Amendment to Municipal Incorporation Statute, April 6, 2004
• Opinion No. 04-059, Effect of Federal Banking Rules on State Predatory Lending Laws, April 7, 2004
• Opinion No. 04-060, Authority of Board of Accountancy to Hire or Terminate Executive Director and Board Staff, April 8, 2004
• Opinion No. 04-061, Rejection of House Bill 2651, April 8, 2004
• Opinion No. 04-062, Constitutionality of Proposed Amendment to HB 2543 Regarding Marriage License Fee Exception, April 13, 2004
• Opinion No. 04-063, Proposed Amendment to Liquor Laws under Article II, Section 17, April 14, 2004
• Opinion No. 04-064, America’s News Day as a “Newspaper” and/or “Newspaper of General Circulation”, April 15, 2004
• Opinion No. 04-065, Joint Agreement for Emergency Communication Services, April 15, 2004
• Opinion No. 04-066, Constitutionality of HB 2627 Regarding Recognition of Same-Sex Civil Unions or Domestic Partnerships, April 19, 2004
• Opinion No. 04-067, Assessment of House Bill 2633 / Senate Bill 2594, April 20, 2004
• Opinion No. 04-068, Constitutionality of House Bill 3592, April 21, 2004
• Opinion No. 04-069, Constitutionality of SB 3217 Amending Title 40, Chapter 39, Regarding Sex Offenders, April 21, 2004
• Opinion No. 04-070, Duties of Jail Inspectors under Tenn. Code Ann. § 41-4-116, April 21, 2004
• Opinion No. 04-071, Preparation and Use of Forms By Courts; Practice of Law, April 21, 2004
• Opinion No. 04-072, Charitable Gaming Implementation Law, April 21, 2004
• Opinion No. 04-073, Charter Schools: Application/Denial Procedure for Type II Charter Schools, April 21, 2004
• Opinion No. 04-074, Constitutionality of Decoupling Former Governors’ Retirement Allowance from Increase in Governor’s Salary, April 22, 2004
• Opinion No. 04-075, Vacancy on County Commission, April 23, 2004
• Opinion No. 04-076, Constitutionality of Granting a Homestead Exemption Based on Age and Marital Status, April 23, 2004
• Opinion No. 04-077, Tenn. R. Crim. Pro. 32(c)(3) and Consecutive Sentencing, April 27, 2004
• Opinion No. 04-078, Commission on Aging — Determining the Unit Costs for Services Provided to the Aging and Disabled Under Tenn. Code Ann. § 71-5-1408, April 27, 2004
• Opinion No. 04-079, Constitutionality of certain proposed amendments to SB 3394/HB 3512 and SB 3392/HB 3513 relative to TennCare, April 28, 2004
• Opinion No. 04-080, Fireworks in Washington County, April 29, 2004
• Opinion No. 04-081, Proposed Amendment to TENN. CODE ANN. § 66-32-107., April 30, 2004
• Opinion No. 04-082, State Billboard Regulations, April 30, 2004
• Opinion No. 04-083, Blind Vendor Contract, April 30, 2004
• Opinion No. 04-084, Request for Proposals for Construction Management Services, May 5, 2004
• Opinion No. 04-085, Effect of Tennessee Code Annotated § 40-6-215 upon Rule 4 of the Tennessee Rules of Criminal Procedure, April 4, 2004
• Opinion no. 04-086, Constitutionality of SB 176/HB 591, May 5, 2004
• Opinion No. 04-087, Constitutionality of Tenn. Code Ann. § 12-4-320, April 5, 2004
• Opinion No. 04-088, Fee for Service of Criminal Process, May 6, 2004
• Opinion No. 04-089, Constitutionality of Proposed House Bill 3186, April 10, 2004
• Opinion No. 04-090, Authority of General Sessions Judge to Correct a Judgment: Revision, May 20, 2004
• Opinion No. 04-091, State Fire Marshal Adoption of Uniform Fire Code, May 11, 2004
• Opinion No. 04-092, Commissioners of City Housing Authority, May 13, 2004
• Opinion No. 04-093, Appropriation of Funds for Signing and Marking Memorial Highways and Bridges, May 18, 2004
• Opinion No. 04-094, Lottery Scholarship Eligibility Criteria, May 18, 2004
• Opinion No. 04-095, Public School System’s Calendar — Day Off on Religious Holiday, May 18, 2004
• Opinion No. 04-096, Contributions to Sheriff’s Drug Fund, May 19, 2004
• Opinion No. 04-097, Criminal Law - - Propriety of increased law enforcement activities and stops based on probable cause., June 4, 2004
• Opinion No. 04-098, Local Governing Body; Local School District; Funding, June 24, 2004
• Opinion No. 04-099, Defendant’s Liability for Court Costs in Pretrial Diversion Program, June 24, 2004
• Opinion No. 04-100, Liability of Statewide Independent Living Council, June 24, 2004
• Opinion No. 04-101, Competitive Bidding Requirements for Solid Waste Authorities, July 2, 2004
• Opinion No. 04-102, Authority of the Secretary of State to Adjust the Lapse Date on Financing Statements Having Initial Maturity Dates Beyond June 30, 2006, July 2, 2004
• Opinion No. 04-103, Treatment of Depreciation under the Federal Job Creation and Worker Assistance Act of 2002 in Calculating Partnership Earnings for the Tennessee Excise Tax, July 2, 2004
• Opinion No. 04-104, Budget of Shelby County Sheriff, July 2, 2004
• Opinion No. 04-105, Effect of Special Legislation Extending County’s Authority Over Activities Regulated by State Agency, July 2, 2004
• Opinion No. 04-106, Juvenile Court’s Subject Matter Jurisdiction to Award Joint Custody, July 9, 2004
• Opinion No. 04-107, School Purchases — Local Option Financial Management System Act — Conflicts, July 9, 2004
• Opinion No. 04-108, West Tennessee River Basin Authority - Proposed Stokes Creek Project, July 9, 2004
• Opinion No. 04-109, Request for Clarification of Opinion No. 03-133 regarding Forfeitures Based on Casual Exchange of Controlled Substances, July 9, 2004
• Opinion No. 04-110, Extending Sewer Service to Rural Area, July 9, 2004
• Opinion No. 04-111, Constitutionality of a Specialty License Plate for DUI Offenders, July 9, 2004
• Opinion No. 04-112, Interstate Movement of Captive Wildlife Through Tennessee Airports, July 9, 2004
• Opinion No. 04-113, Nepotism Act as Applied to State Park Employees, July 12, 2004
• Opinion No. 04-114, Sale of Register of Deeds Records to Vendor for Resale to Public by Subscription, July 19, 2004
• Opinion No. 04-115, Over-the-Counter Sale of Non-Corrective, Decorative/Cosmetic Contact Lenses, July 19, 2004
• Opinion No. 04-116, Imposition of Civil Penalty for Violation of Hamilton County Hotel-Motel Tax Act, July 20, 2004
• Opinion No. 04-117, Admission to Bail after Waiver of Extradition, July 20, 2004
• Opinion No. 04-118, Admissibility of Laboratory Reports, July 20, 2004
• Opinion No. 04-119, Waivers for Certification of Reserve/Part-time/Full-time Law Enforcement Officers, July 20, 2004
• Opinion No. 04-120, State Senate Residency Requirements, July 20, 2004
• Opinion No. 04-121, Local government use of federal general service administration contracts; Tenn. Code Ann. § 12-3- 1001(c), July 22, 2004
• Opinion No. 04-122, Judge’s Authority to Order a DUI Offender to Attend an Exclusive State-Certified DUI School, July 26, 2004
• Opinion No. 04-123, Adjustments in Basic Education Program funds based on transfer of school or annexation of school by another LEA., July 26, 2004
• Opinion No.04-124, Effect of Tenn. Code Ann. § 40-6-215 on Type of Process Available to Initiate Contempt Proceeding for Non-Payment of Court-Ordered Fine, July 27, 2004
• Opinion No. 04-125, Authority of School Board to Hold Referendum on County Property Tax Rate, August 10, 2004
• Opinion No. 04-126, Responsibility to Maintain Records of State Employee Sick Leave for Retirement Purposes, August 11, 2004
• Opinion No. 04-127, DCS and Juvenile Court Authority Make Decisions About Children’s Extraordinary Medical Care, August 11, 2004
• Opinion No. 04-128, Regulation of Medical Clinics, August 11, 2004
• Opinion No. 04-129, Civil Rights Intimidation; Harassment, August 11, 2004
• Opinion No. 04-130, Tennessee Health Services and Development Agency — Applicability of Title VI of the Civil Rights Act of 1964, August 12, 2004
• Opinion No. 04-131, Impact of Blakely v. Washington on Tennessee’s Sentencing Scheme, August 13, 2004
• Opinion No. 04-132, Authority to Guarantee Student Loans, August 16, 2004
• Opinion No. 04-133, Private Act — General Sessions Judgeship — Funding, August 20, 2004
• Opinion No. 04-134, “Utility Water Service” under Tenn. Code Ann. § 6-51-301(a)(1), August 20, 2004
• Opinion No. 04-135, Recall Election for City Officials, August 23, 2004
• Opinion No. 04-136, Volunteer Parent-Drivers Transporting Students to School Sporting Events, August 24, 2004
• Opinion No. 04-137, Extraterritorial “Spot Zoning” under Growth Plan, August 24, 2004
• Opinion No. 04-138, Legal Relationship Between Tennessee Commission of Indian Affairs and Tennessee Native American Convention and Advisory Council of the Tennessee Indian Affairs, August 24, 2004
• Opinion No. 04-139, Judicial Residence, August 24, 2004
• Opinion No. 04-140, Sales Tax Exemption for Energy Fuels Sold Directly to Consumer for Residential Use, August 26, 2004
• Opinion No. 04-141, “Unclaimed” Return-Receipt Letters, August 31, 2004
• Opinion No. 04-142, State Agency Rule-Making Authority and the Right to Counsel in Child Support Contempt Cases, September 1, 2004
• Opinion No. 04-143, Convicted Felon Serving as an Agent to a Bail Bondsman, September 1, 2004
• Opinion No. 04-144, Tenn. Code Ann. §40-35-321(d)(1) - Applicability to Persons on Pretrial and Judicial Diversion, September 2, 2004
• Opinion No. 04-145, Authority to Suspend a Professional Bondsman, September 2, 2004
• Opinion No. 04-146, Juvenile Serving on a Jury, September 2, 2004
• Opinion No. 04-147, Federal Administrative Law Judge’s Authority to Perform Marriage, September 2, 2004
• Opinion No. 04-148, Stop and ID, September 7, 2004
• Opinion No. 04-149, Amendment of County Tax Rates, October 1, 2004
• Opinion No. 04-150, Change in Use or Withdrawal of Donor’s Contribution to Chairs of Excellence Endowment Fund, October 1, 2004
• Opinion No. 04-151, Use of tobacco products in local jail facilities, October 5, 2004
• Opinion No. 04-152, Application of Mineral Severance Tax to “Tennessee Mountain Stone”, October 7, 2004
• Opinion No. 04-153, HIPAA, October 7, 2004
• Opinion No. 04-154, Occupations Subject to Professional Privilege Tax, October 11, 2004
• Opinion No. 04-155, Drug Testing as a Condition of Pre-trial Release on Bail, October 13, 2004
• Opinion No. 04-156, Worthless Checks, October 25, 2004
• Opinion No. 04-157, Police Chaplain’s Authority to Perform Marriage, October 25, 2004
• Opinion No. 04-158, Constitutionality of Proposed Adequate Facilities Tax, November 1, 2004
• Opinion No. 04-159, Inapplicability of Public Law 86-272 to the Tennessee Franchise Tax, November 8, 2004
• Opinion No. 04-160, Nonlawyer Corporate Representation Before Department of State Contested Case Hearings, November 10, 2004
• Opinion No. 04-161, Tenn. Code Ann. § 66-5-106, November 10, 2004
• Opinion No. 04-162, County Cash Payments to Employee in Lieu of Paying Employee’s Health Insurance Premiums, November 10, 2004
• Opinion No. 04-163, Application of Campbell County Hotel-Motel Tax to Rental of Houseboats on Norris Lake, November 10, 2004
• Opinion No. 04-164, Judicial Commissioners in Metropolitan Counties Seeking Higher Office, November 10, 2004
• Opinion No. 04-165, Constitutionality of Confidentiality Provisions of Tenn. Code Ann. § 17-5-303(b) and Court of the Judiciary Rule 8, November 12, 2004
• Opinion No. 04-166, TBE Program, November 19, 2004
• Opinion No. 04-167, Repeal of Private Act, November 19, 2004
• Opinion No. 04-168, Solicitation of Charitable Funds Act / LILAC Registration, November 23, 2004
• Opinion No. 04-169, Impropriety of Reducing Tax Refunds to Consumers by the Costs of Applying for the Refund, November 29, 2004
• Opinion No. 04-170, Lights on Motor Vehicles, December 15, 2004
• Opinion No. 04-171, Authority to Divide Judicial District, December 15, 2004
• Opinion No. 04-172, Penalty for Parking Unregistered Car on Property, December 17, 2004
• Opinon No. 04-173, Assessment of Court Costs Upon Judgment of Forfeiture of Bail Bond, December 17, 2004
• Opinon No. 04-174, TEMA Disaster Recovery Volunteers, December 17, 2004