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2001 Opinions


01-001 January 4, 2001 Jurisdiction of General Sessions Court - Boating regulation violations
01-002 January 4, 2001 Membership of a Professional Limited Liability Company for the Practice of Electrolysis
01-003 January 4, 2001 Naming Rights of Public Building and Advertising Sales
01-004 January 4, 2001 Use of Video Cameras to Enforce Traffic Ordinances
01-005 January 8, 2001 Duties of Emergency Medical Technicians and Emergency Medical "First Responders"
01-006 January 10, 2001 Payment of Salary and Benefits to Former City Judge
01-007 January 17, 2001 Validity of Residency Requirement for President Emeritus under Chapter 840, 2000 Tennessee Public Acts under United States and Tennessee Constitutions
01-008 January 25, 2001 Authority for Certification of Firefighters
01-009 January 25, 2001 Clergy-Penitent Privilege
01-010 January 25, 2001 Civil Liability of a Parent for Minor Child's Conversion of Property
01-011 January 26, 2001 Legislator on Judicial Selection Commission and Judicial Evaluation Commission
01-012 January 30, 2001 Election Laws - Equal Protection - Punch Card Machines - Uniformity - Bush v. Gore
01-013 January 30, 2001 Interfacing roles of the Director of Schools and local Board of Education regarding teacher reemployment, dismissal and tenure
01-014 January 30, 2001 Public records - Tennessee Municipal League Risk Management Pool
01-015 January 31, 2001 Government Official — Processing Fees for Use of Credit Cards
01-016 February 6, 2001 Status of Full-time Employees of the Board of Professional Responsibility for Purposes of Membership in the Tennessee Consolidated Retirement System
01-017 February 6, 2001 Metropolitan Form of Government
01-018 February 6, 2001 Charitable Solicitations
01-019 February 7, 2001 State Lottery- Impact of Federal Indian Gaming Regulatory Act
01-020 February 7, 2001 Review of Bounty Hunter Powers
01-021 February 8, 2001 Providing Access to Public Records
01-022 February 12, 2001 Transfer of Covington City Schools to Tipton Co. Board of Education
01-023 February 14 2001 Ability of the Tennessee Bureau of Investigation to Require Firearm Purchaser to Supply His/Her Social Security Number
01-024 February 15, 2001 Salary of Hawkins County General Sessions Judge
01-025 February 22, 2001 Jurisdiction of General Sessions Criminal Court Over Drug Court Hearings
01-026 February 27, 2001 Authorization for Taxation in Home Rule City
01-027 February 27, 2001 Judicial Commissioners’ Authority to Issue Extended Orders of Protection
01-028 February 27, 2001 Applicability of Parenting Plan Act to Juvenile Court Cases
01-029 March 5, 2001 Salary of Hamblen County General Sessions Judge
01-030 March 7, 2001 RU-486 - Abortion - Parental Consent and Informed Consent Statutes
01-031 March 8, 2001 Different Private Acts Rewriting City Charter
01-032 March 12, 2001 Interpretation of Tenn. Code Ann. § 38-7-105
01-033 March 12, 2001 Availability of Protection Orders in Cases of Domestic Abuse
01-034 March 12, 2001 Tax Rates for the McKenzie Special School District
01-035 March 12, 2001 Proposed Legislation Regarding Infant Abandonment
01-036 March 19, 2001 Preemption of Tenn. Code Ann. § 65-4-201(c) and/or (d) by 47 U.S.C. § 253
01-037 March 19, 2001 Employee Pension Funds Not Considered “Earnings” Under Workers’ Compensation Act
01-038 March 19, 2001 Probable cause determinations by judicial commissioners
01-039 March 19, 2001 Reconsideration Tenn. Atty. Gen. Op. No. 00-94 (May 18, 2000) - Constitutionality of House Bill 1932/Senate Bill 1933 from 101st General Assembly
01-040 March 19, 2001 Expungement of Records
01-041 March 19, 2001 Jurisdiction of General Sessions Court Under Tenn. Code Ann. § 33-7-303
01-042 March 19, 2001 Applicability of Open Meetings Act to Hospital Board
01-043 March 26, 2001 Authority of General Sessions Court to Reduce Bail Amount
01-044 March 26, 2001 Persons Exempt from Licensing Under Tenn. Code Ann. 55-50-304 (5)(B)
01-045 March 26, 2001 Political Action Committee Fundraising for Referendum
01-046 March 26, 2001 Lobbyist Contributions to Legislator Running for Federal Office
01-047 March 26, 2001 Constitutionality of SB 1547--Amendment to Tennessee Petroleum Trade Practices Act
01-048 March 28, 2001 Effect of Home Rule Charter on Liquor Referendum in Lenoir City
01-049 March 28, 2001 Alderman as Member of Fayetteville Public Utilities Board
01-050 March 28, 2001 Private Act Addressing County Zoning of Industrial and Commercial Development Areas and Mobile Home Parks
01-051 April 2, 2001 Imposition of Amusement Tax on Whitewater River Rafting in Polk County
01-052 April 2, 2001 Effect of Scenic River Area Classification on Permitting of Proposed Dam Outside Designated Segment of Scenic River
01-053 April 9, 2001 Municipal Regulation of Smoking in Restaurants
01-054 April 9, 2001 Authority of Supreme Court to Require Collection of Case-Related Data
01-055 April 10, 2001 Use of Screening Panels and Investigative Subpoenas by the Health Related Boards
01-056 April 11, 2001 Sales and Use Tax Exemption for Purchases Made Through TennCare
01-057 April 11, 2001 Requirement for Street Number Display
01-058 April 11, 2001 Payment of Litigation Tax by an Individual with Convictions in Multiple Criminal Cases
01-059 April 16, 2001 Oaths for Telephone Depositions to be used in the Courts of Tennessee
01-060 April 17, 2001 Requiring Thumbprint in Pawnshop Transactions
01-061 April 19, 2001 "Public Hearing" under Tenn. Code Ann. 5-12-108
01-062 April 20, 2001 Authority of local beer board to engage the services of a private investigator to investigate reports of the sale of beer to minors
01-063 April 20, 2001 Interpretation of Tenn. Code Ann. 62-6-111(i)(2)
01-064 April 24, 2001 State Lottery and the Federal Indian Gaming Regulatory Act
01-065 April 25, 2001 Constitutionality of Proposed Amendments to Pawn Shop Laws
01-066 April 30, 2001 Payment for Railroad Crossing Signs
01-067 April 30, 2001 Inability of Telephone Coop to Operate Cable Television or Video Programming Systems
01-068 May 2, 2001 Potential Effect on the Collection of Litigation Taxes Caused by Definition of “Case” in Proposed Amendment to Tenn. Code Ann. § 16-21-107
01-069 May 2, 2001 Public Records - Tennessee School Boards Association
01-070 May 2, 2001 Authority of Beech River Watershed Development Authority to Contract with Henderson County for use of County Equipment in Road and Subdivision Development
01-071 May 7, 2001 Preparation of Forms; Practice of Law Regarding Probate
01-072 May 8, 2001 Senate Joint Resolution 110
01-073 May 8, 2001 "TDOT Appreciation Day"
01-074 May 8, 2001 Constitutionality of Proposed Identity Theft Legislation
01-075 May 8, 2001 Authority of Metropolitan Nashville Police Department to Provide Law Enforcement Officers or Lease Equipment to a Third Party
01-076 May 8, 2001 Contribution of City Funds to Special School District
01-077 May 8, 2001 Constitutionality of HB123/SB019
01-078 May 8, 2001 Community-Based Screening for Mental Health Services
01-079 May 8, 2001 De novo Trials in Circuit Court of Convictions in General Sessions Court
01-080 May 17, 2001 County Highway Department's Responsibility for Private Bridge Repairs
01-081 May 18, 2001 Review of judicial commissioner appointment and powers
01-082 May 18, 2001 Authority of civil court trial judges to include the expense of jury members’ meals in the assessment of discretionary costs
01-083 May 22, 2001 "Consulting Services" under SB239/HB344
01-084 May 23, 2001 Conflict of Interest: Rutherford County Highway Commission
01-085 May 23, 2001 Constitutionality of SB 1070/HB 576--Amendment to Unfair Sales Law
01-086 May 23, 2001 Authority of Legislative Committee to Review Agency Rules
01-087 May 24, 2001 Clarification for Authority on HB0704/SB0304
01-088 May 24, 2001 Fingerprinting - Costs of Electronic Equipment
01-089 May 30, 2001 Validity of HB 2006 / SB 1973, Authorizing Tax on Car Rentals at Airports
01-090 June 4, 2001 Etowah City Manager Serving as General Manager
01-091 June 4, 2001 Need for the Pharmacy Based Immunization Program Guidelines to be Promulgated as a Rule Under the Tennessee Uniform Administrative Procedures Act
01-092 June 4, 2001 Regional Planning and Urban Growth Boundaries
01-093 June 4, 2001 Use of Unemployment Compensation Funds for Administrative Expenses
01-094 June 7, 2001 Authority of court clerks to issue immediate, pre-trial writs of possession
01-095 June 7, 2001 Tennessee Tribune as a “newspaper” for purposes of publication of official notices
01-096 June 12, 2001 Impact of Growth Plan on Extension of Sewer Service
01-097 June 13, 2001 Accounting method under Tenn. Code Ann. § 68-221-1010(a)(2)
01-098 June 13, 2001 Extraterritorial Power of Eminent Domain for Municipal Utilities
01-099 June 18, 2001 Local School Board Contract with Outside Provider to Operate School
01-100 June 18, 2001 City of Knoxville - Recall Petition - Qualified Voters - Home Rule - Constitutionality
01-101 June 22, 2001 Use of student information collected from private, parochial, and denominational schools
01-102 June 22, 2001 Legality of Extending Director of School's Contract
01-103 June 26, 2001 City School System's Use of County School Bond Proceeds
01-104 June 27, 2001 Name Change of Non-U. S. Citizen
01-105 June 27, 2001 Agency Authority to Promulgate Rule Establishing Stop Work Orders
01-106 June 27, 2001 Constitutionality of Pawnshop Bill
01-107 June 29, 2001 McMinn County General Sessions Judge’s Salary
01-108 June 29, 2001

Salary of General Sessions Judge under New Population Classification

01-109 July 7, 2001 Salary of Roane County General Sessions Judge
01-110 July 7, 2001 Hamblen County General Sessions Judge’s Salary
01-111 July 11, 2001 School Board Contract with Outside Provider to Operate School
01-112 July 12, 2001 Delayed BEP Funding
01-113 July 16, 2001 Teacher Retirement: Beginning and ending dates for school year
01-114 July 16, 2001 Memphis City Ordinance
01-115 July 20, 2001 Constitutionality of Tenn. Code Ann. § 65-21-114 Concerning Countywide Telephone Calling
01-116 July 20, 2001 Claiborne County General Sessions Judge as Juvenile Center Administrator
01-117 July 24, 2001 Beer sales to golf course patrons away from the golf course clubhouse or restaurant
01-118 July 26, 2001 Restitution for Medical Services Provided to Inmates at County Jails
01-119 July 27, 2001 Officer Discretion in Making Felony Arrests
01-120 July 31, 2001 Responsibilities of District Attorneys General in Municipal Courts
01-121 July 31, 2001 Definition of Political Campaign Committee
01-122 August 7, 2001 Salary of Overton County General Sessions Judge
01-123 August 7, 2001 Public Building Authority Subject to 2001 Tenn. Pub. Acts Ch. 364
01-124 August 7, 2001 Sheriff and Police Qualifications — Minimum Educational Requirements
01-125 August 7, 2001 Requiring Connection to New Sewer System
01-126 August 7, 2001 Correctional Officers Carrying Firearms While Off-Duty
01-127 August 9, 2001 Constitutionality of a proposal to publish names and photographs of those convicted of prostitution-related offenses
01-128 August 17, 2001 Applicability of the Blind Vendors Program, Tenn. Code Ann. §§ 71-4-501, et seq., to municipalities
01-129 August 17, 2001 Authority to Establish a Credit Card Bank
01-130 August 20, 2001 Authority of Juvenile Court to Detain Child on Pending Delinquency Charges
01-131 August 20, 2001 Responsibility for Collecting Litigation Tax in Appeals
01-132 August 22, 2001 Non-Citizen Access to Public Records
01-133 August 28, 2001 Constitutionality of Section 10 of Public Chapter 327 Of Public Acts of 2001
01-134 August 29, 2001 Ban on Lobbyist Contributions to Nonincumbents during the Legislative Session
01-135 August 31, 2001 Corporate Agent for Housing Authority
01-136 September 4, 2001 Potential Liability Issues Resulting from Adoption of New Design Criteria for Rock Fallout Areas
01-137 September 4, 2001 Validity of Metropolitan Government’s Ordinance Requiring Graffiti Removal
01-138 September 4, 2001 Constitutionality of Grand Jury Subpoena of Blood Alcohol Tests
01-139 September 4, 2001 Authority of Local Law Enforcement Agencies to Charge a Fee to a State Agency for Criminal Background Checks
01-140 September 4, 2001 Application of Tenn. Code Ann. 4-21-406 (b)
01-141 September 4, 2001 Increase in Manchester Hotel/Motel Tax
01-142 September 4, 2001 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
01-143 September 4, 2001 Tolls/Fees on County or State Highways
01-144 September 4, 2001 State Employee as School Board Member
01-145 September 11, 2001 Sheriff's Entitlement to Fees on First Wage Garnishment
01-146 September 14, 2001 Records Concerning HIV Patients
01-147 September 14, 2001 Establishment of Horizontal Property Regime without Regional Planning Commission's Approval
01-148 September 24, 2001 Service of Process/right of process server/ refusal of service
01-149 September 24, 2001 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
01-150 September 24, 2001 Licensing of Home Medical Equipment Providers
01-151 September 25, 2001 Reducing the Number of County Commissioners
01-152 September 25, 2001 Alderman Serving as Constable
01-153 October 1, 2001 Election of City Judge in Home Rule City
01-154 October 1, 2001 Applicability of Statutory Penalties to Litigation Taxes
01-155 October 4, 2001 Expunction of Records after Entry of Nolle Prosequi
01-156 October 22, 2001 Admission of Service Dogs to Places of Public Accommodation
01-157 October 25, 2001 Legality and Reinstatement of Beer Permit Distance Standards
01-158 October 25, 2001 Education:  Use of Confidential Information about Juvenile Delinquent
01-159 October 25, 2001 Placement of Double Wide Trailers in Trailer Parks
01-160 October 25, 2001 Authority of city to refer to its court as a general sessions court
01-161 November 5, 2001 Limits on Loans from Candidate’s Personal Funds to Candidate’s Campaign
01-162 November 5, 2001 Juvenile court referees also serving as appointed counsel in criminal cases
01-163 November 5, 2001 Certified Trainers under the Private Protective Services Licensing and Regulatory Act
01-164 November 13, 2001 ELL student TCAP results in calculating “teacher effect” for the TVAAS
01-165 November 15, 2001 Confidentiality of Taxpayer Information Stated on Business License Application
01-166 November 15, 2001 County Authority to Regulate Nuisances
01-167 November 20, 2001 Authority of Governmental Entities to Audit the Metropolitan Nashville Airport Authority
01-168 November 21, 2001 Practice of Senior Law Students Before the Courts
01-169 November 27, 2001 Paid Military Leave for Public Employees When Called to Active Duty By Governor
01-170 December 12, 2001 Removal and Development of Designated Natural Areas Under Natural Areas Preservation Act
01-171 December 12, 2001 Right of a Pipeline Corporation to Condemn an Easement for its Pipelines for the Transportation and Distribution of Liquid Petroleum Products
01-172 December 18, 2001 Legislature's Power to Create Commission to Set or Regulate State Taxes

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