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2005 Opinions


05-001 January 5, 2005 Negotiation of Lower TennCare Drug Prices
05-002 January 5, 2005 Board of Commissioners of Fall River Road Utility District
05-003 January 5, 2005 Contribution Limits for Individuals and Associated LLCs and Partnerships
05-004 January 5, 2005 County Commissioner Compensation
05-005 January 5, 2005 Public Exhibition or Display of Native American Indian Human Remains
05-006 January 20, 2005 Sale of Memphis Light, Gas and Water
05-007 January 20, 2005 Compensation of Gibson County Juvenile Court Clerk
05-008 January 20, 2005 Process to Issue for Juvenile Delinquents' Escape
05-009 January 20, 2005 Court Jurisdiction After the Defendant Is Bound over to the Grand Jury
05-010 January 20, 2005 Incest
05-011 January 26, 2005 Private Security Guard's Authority to Direct Traffic on Public Roads-- Partial Reconsideration of Attorney General's Opinion No. 03-022
05-012 January 26, 2005 Pretrial Diversion in Juvenile Appeals to Circuit or Criminal Court
05-013 January 26, 2005 Extending Term of Current Lebanon Mayor and Aldermen
05-014 February 2, 2005 Persons Licensed as Manufacturers, Importers, or Dealers in Weapons
05-015 February 3, 2005 Contracts by Local Government and Similar Entities for Energy-Related Services
05-016 February 3, 2005 Regulation of the Erection of Crosses on State Highway Rights-of-Way
05-017 February 3, 2005 County Financial Management Committee Member Whose Spouse Is County Employee
05-018 February 4, 2005 Pre-set Bond Schedules
05-019 February 4, 2005 Austin Peay State University Nursing Loan-Scholarships Pilot Program for Nontraditional Students
05-020 March 8, 2005 Chiropractors' Practice
05-021 March 10, 2005 Consequences of the City of Memphis Reducing or Eliminating Funding for K-12 Education
05-022 March 10, 2005 Sworn Complaints Filed with the Registry of Election Finance
05-023 March 10, 2005 Complaints Before the Registry of Election Finance
05-024 March 14, 2005 Inability of Counties to Prohibit the Sale of Cold Beer
05-025 March 14, 2005 Municipal Condemnation of State Property
05-026 March 14, 2005 Appointment of General Sessions Court Officers
05-027 March 14, 2005 General Legislation Authorizing Referenda on Increases in County Property Tax Rates
05-028 March 14, 2005 Deadline for Making Prorated Property Tax Assessments
05-029 March 14, 2005 Law Enforcement Officers Safety Act of 2004
05-030 March 29, 2005 Constitutionality of Amendment to Definition of "Adult Bookstore" in the Adult-Oriented Establishment Registration Act
05-031 March 29, 2005 Removal of Sentence Credits by Tennessee Board of Probation and Parole
05-032 March 29, 2005 County Regulation of Junkyards via Private Acts
05-033 March 29, 2005 Higher Education -- Group Purchasing
05-034 March 29, 2005 Constitutionality of Property Tax Levy for County Schools in Unincorporated Areas Only
05-035 March 29, 2005 Service by Publication of Habitual Motor Vehicle Petition
05-036 March 29, 2005 Nonlawyer Representation On Behalf of bonding Companies Before Sessions or Criminal Court
05-037 March 29, 2005 City Commissioner Serving on Board of Utility District
05-038 March 29, 2005 Ability of Judicial District Drug Task Force to Own Real Property
05-039 March 30, 2005 Amending Tullahoma City Charter Regarding Vacancies
05-040 April 5, 2005 The Constitutionality of Alcoholic Beverage Commission, Rules 0100-1-.01(3)(a), 0100-3-.04(2) and 0100-3-.04(3)(b)
05-041 April 5, 2005 Expungement of a DUI Conviction Pursuant to Either Pretrial or Judicial Diversion
05-042 April 5, 2005 Petitioning for Additional Personnel
05-043 April 5, 2005 Authority of Municipal Legislative Body to Extend Its Members' Terms
05-044 April 8, 2005 Residency Requirements for Candidates for Election to House of Representatives
05-045 April 12, 2005 Constitutionality of Voting Center Legislation
05-046 April 12, 2005 Greenbelt Rollback Liability upon Voluntary Transfer to a Governmental Entity
05-047 April 18, 2005 Proration of County Property Tax Rates to Coincide with County's Fiscal Year
05-048 April 19, 2005 Proposed Amendment to House Bill 476 (Senate Bill 853) Relative to Engine Compression Brakes on Trucks or Truck Tractors
05-049 April 19, 2005 County School Board Employee on County Election Commission
05-050 April 19, 2005 State Liability For Injury, Accident or Sickness Caused by Exposure to Environmental Tobacco Smoke in Public Places
05-051 April 20, 2005 Constitutionality of SB 79/ HB 581 Under the Equal Protection Clauses of the United States Constitution and the Tennessee Constitution
05-052 April 20, 2005 Limitation on Health Insurance Benefits for Members of General Assembly
05-053 April 20, 2005 Hiring a Non-United States Citizen as a State Trooper
05-054 April 20, 2005 Bill to Ban Lobbying by Spouses of Certain State Officials
05-055 April 20, 2005 Constitutionality of Proposed Adequate Facilities Tax in Rutherford County
05-056 April 20, 2005 Applicability of the Fifty-Dollar Fines Clause to Municipal Beer Boards and Administrative Boards
05-057 April 20, 2005 Funding for Regional Planning Commission
05-058 April 20, 2005 Legality of Permitting Political Subdivisions to Discontinue or Modify Non-Contributory Retirement for Their Employees
05-059 April 20, 2005 Pay for Accrued Sick Leave After Termination in Private Employment
05-060 April 27, 2005 Validity of Pending Legislation Allowing Local Governments to Impose Fees on Federal Facilities Related to Storage and Disposal of Solid and Radioactive Waste
05-061 April 27, 2005 Expanding Jurisdiction of Municipal Courts
05-062 April 27, 2005 General Sessions Judge on State Election Commission
05-063 April 27, 2005 Constitutionality of Senate Joint Resolution 105 and House Joint Resolution 122
05-064 April 27, 2005 General Sessions Judge on Utility Board
05-065 April 27, 2005 No Child Left Behind -- Additional Requirements for Licensed Teachers
05-066 May 2, 2005 Tennessee Commission on Indian Affairs Tribal Recognition Criteria
05-067 May 3, 2005 Banning Lobbyists and Their Employers from Boards and Commissions
05-068 May 3, 2005 Constitutionality of House Bill No. 8 / Promotional Contests
05-069 May 3, 2005 Duty of Health Care Providers to Report Potential DUI or Drug Use / Right Against Self-Incrimination
05-070 May 3, 2005 Voluntary Pre-K for Tennessee Act of 2005 (HB 2333, SB 2317)
05-071 May 3, 2005 Abortion Laws/Status
05-072 May 3, 2005 Sessions of the Chancery and Circuit Courts of the 1st Judicial District
05-073 May 4, 2005 Disclosing Contract for Out-of-State Consulting Services
05-074 May 9, 2005 Senate Bill 1971/House Bill 1666 - Display of the American Flag - Restrictive Covenants - Constitutionality
05-075 May 9, 2005 Powers of Legislature to Delegate Power to an Executive Committee
05-076 May 10, 2005 Conduct of Proposed Legislation's "Public Adjuster" May Constitute Unauthorized Practice of Law
05-077 May 10, 2005 Proposed Amendment to House Bill 476 (Senate Bill 853) Relative to Engine Compression Brakes on Trucks or Tractor Trailers
05-078 May 10, 2005 Voluntary Pre-K for Tennessee Act of 2005
05-079 May 10, 2005 Registers' Fees
05-080 May 11, 2005 Effect of Proposed Amendatory Language to Senate Resolution Authorizing a Constitutional Right to Hunt, Fish and Harvest Game and Fish
05-081 May 13, 2005 Amendment of City Charter
05-082 May 13, 2005 Statute Permitting Cities and Counties to Impose Stricter Testing and/or Experience Requirements for Plumber to Work Within the City or County
05-083 May 16, 2005 Senate Bill 1989/House Bill 1870 -- Consistent with Federal Law?
05-084 May 16, 2005 Constitutionality of House Bill 53/Senate Bill 277
05-085 May 23, 2005 Whether a Posted Sign is an Adequate Disclaimer Which Would Preclude a Store Owner From Being Charged with a Criminal Offense
05-086 May 23, 2005 Eligibility for Tuition Waivers by Spouses and Dependent Children of Deceased Tennessee National Guard Members
05-087 May 24, 2005 Cameras at Intersections
05-088 May 24, 2005 Service of a Police Chief as a Member of the Peace Officer Standards and Training Commission After Retirement From The Position of Police Chief
05-089 May 25, 2005 Constitutionality of House Bill 969/Senate Bill 387 Establishing Valuation Method for Low-Income Housing
05-090 May 25, 2005 Payment of Judges' Professional Privilege Tax by the Judicial Branch
05-091 June 6, 2005 Increase in Fines Imposed on Traffic Violations Pursuant to Tenn. Code Ann. § 68-55-301
05-092 June 8, 2005 Lack of County Authority to Assess and Audit Properties of Centrally-Assessed Taxpayers
05-093 June 13, 2005 Authority Under the Tennessee Health Care Decisions Act
05-094 June 13, 2005 Zero Tolerance Policy -- Possession of Illegal Drugs on School Property
05-095 June 14, 2005 Real Property Foreclosure Notices
05-096 June 17, 2005 Advising and Consulting with Business Clients under the Ethics Act
05-097 June 20, 2005 Alternative Coverage for Individuals Disenrolled from TennCare
05-098 June 20, 2005 Consulting under the Ethics Act of 2005
05-099 June 20, 2005 E-mail of Legislator
05-100 June 20, 2005 Using Campaign Funds to Pay Civil Penalties Assessed by Registry of Election Finance
05-101 June 20, 2005 Cellular Telephone Use Under the School Security Act of 1981
05-102 July 6, 2005 Authority to Compromise Contested Property Tax Assessments
05-103 July 7, 2005 TennCare Reforms
05-104 July 7, 2005 Application of Nepotism Statute
05-105 July 7, 2005 Tennessee Department of Transportation's Authority as to Speed Limits on Interstate Highways
05-106 July 7, 2005 Violating an Oath of Office
05-107 July 8, 2005 Traffic Enforcement on Interstate Highways
05-108 July 11, 2005 Age-Based Punishment for DUI
05-109 July 11, 2005 Municipal Eligibility for State Grants
05-110 July 12, 2005 Entitlement to the Collected Fines and Court Costs after Transfer of a Case Pursuant to Tenn. Code Ann. § 40-35-214
05-111 July 12, 2005 Title Pawn Lenders (also known as Title Pledge Lenders)
05-112 July 18, 2005 Activation of Tennessee State Guard and Members' Liability
05-113 July 19, 2005 Applicability of Tenn. Code Ann. § 4-51-113(g)
05-114 July 19, 2005 Inability of the State to Deny a Pension to Legislators Who Became Members of T.C.R.S. Before the Enactment of Tenn. Code Ann. §§ 8-35-124(a)(1) and (2)
05-115 July 26, 2005 Interpretation of Tenn. Code Ann. § 7-2-106 regarding referendum on metropolitan charter
05-116 July 27, 2005 State House Legislative District as a Jurisdiction for Drug Dealer Liability
05-117 July 27, 2005 Tenn. Code Ann. § 13-7-208(d) Protection of Nonconforming Billboards
05-118 July 27, 2005 District Attorneys General -- Contract With Debt Collection Agency
05-119 July 27, 2005 Members of the Blount County Regional Planning Commission
05-120 July 29, 2005 Purchasing Requirements Under Municipal Charters and Private Acts
05-121 July 29, 2005 Detention of Juveniles Transferred to Criminal Court to be Dealt with as Adults
05-122 August 8, 2005 Holding Court Outside County Seat
05-123 August 8, 2005 Procurement of Pharmacy Services for Low Income Individuals Disenrolled from TennCare
05-124 August 15, 2005 Election of Aldermen under Mayor-Aldermanic Charter
05-125 August 17, 2005 English-only Driver's License Tests
05-126 August 22, 2005 Legislator as President of the Tennessee Professional Fire Fighters Association
05-127 August 22, 2005 Education Requirement for City Judges
05-128 August 22, 2005 Regulation of Public Water Systems Under the Safe Drinking Water Act
05-129 August 24, 2005 Definition of "Public Servant" in Relation to Official Misconduct Offense Statutes
05-130 August 24, 2005 Commitment to State Custody Following Juvenile Probation Revocation
05-131 August 24, 2005 Certification Requirements for Police Officers
05-132 August 25, 2005 Lawyers as Lobbyists
05-133 August 26, 2005 Request for Clarification of Opinion No. 05-076 Regarding Public Adjusters and the Practice of Law
05-134 August 26, 2005 Distribution of Bond Proceeds Between City and County School Systems
05-135 August 26, 2005 Tennessee School Board Association -- Eligibility to Participate in an Insurance Trust Organized Under Tenn. Code Ann. §§ 29-20-401, et seq.
05-136 August 30, 2005 Limitation on Health Insurance Benefits for Members of General Assembly Found Guilty of Crimes Involving Public Office
05-137 September 7, 2005 Agricultural Education Programs in Public Education
05-138 September 8, 2005 Liability for Drug Court Participation
05-139 September 12, 2005 Part-Time General Sessions Judge on Utility Board
05-140 September 12, 2005 Part-Time General Sessions Judge on Utility Board
05-141 September 12, 2005 Department of Children's Services Employee Running for County Commission
05-142 September 13, 2005 Qualifications for Employment of Surgical Technologists, Tenn. Code Ann. §§ 68-57-101, et seq.
05-143 September 20, 2005 Construction of Chapter 262, Public Acts of 2005
05-144 September 27, 2005 Application of Tenn. Code Ann. § 57-5-105(i) to Establishments Operating in a Structurally Separate Portion of a Building
05-145 September 27, 2005 Constitutionality of Population Bracket Exemptions of Chapter 495 of the Public Acts of 2005
05-146 September 27, 2005 County Employee as School Board Member
05-147 September 29, 2005 Additional Compensation for Court Clerk
05-148 September 29, 2005 Application of UAPA
05-149 September 29, 2005 Newspaper of General Circulation
05-150 September 30, 2005 Retention of Expungement Order
05-151 September 30, 2005 Term of Mayor of Spring Hill
05-152 October 5, 2006 Constitutionality of Requiring Public Officers and Employees Who Accept Re-Election, Re-Appointment, Promotion, or a Change in Classification to Forfeit State Pension Benefits upon a Felony Conviction
05-153 October 10, 2005 District Attorney General's Subpoena Authority Under Tenn. Code Ann. § 40-17-123
05-154 October 11, 2005 Civilian Handgun Permits
05-155 October 13, 2005 Public Records: Access to Recordings of 911 Calls and Law Enforcement Radio Transmissions
05-156 October 14, 2005 Delinquent Tax Sales Conducted by Clerk and Master
05-157 October 14, 2005 Conflict of Law - Mental Capacity
05-158 October 14, 2005 Tenn. Code Ann. § 49-2-301(b)(GG)
05-159 October 14, 2005 Legality of Texas Hold'Em Poker Tournaments with Jackpot Prize
05-160 October 17, 2005 Waiver of Jury Setting Fines in a Criminal Trial
05-161 October 18, 2005 Implementation of Tennessee River Resort District Act, Chap. No. 212, 2005 Public Acts
05-162 October 24, 2005 Security Officer for General Sessions Court Serving as Grand Jury Foreperson in the Same County
05-163 October 24, 2005 Legislative Discipline
05-164 October 24, 2005 Construction of Enactment Providing for Grant to the City of Spencer to Relocate Currently Permitted Wastewater Discharge Point
05-165 October 25, 2005 Requirements for Utility Rates
05-166 October 31, 2005 Use of Campaign Funds for Legislative Trip
05-167 November 1, 2005 Proper Method for Funding Local Education Agencies' (LEAs') Services for Three (3) and Four (4) Year-Olds with Disabilities Pursuant to BEP and Tenn. Code Ann. § 49-10-113(c)(1)
05-168 November 1, 2005 Disclosure of Witness Identifying Information in Matters Before the Occupational Safety and Health Review Commission
05-169 November 3, 2005 Direct Appropriation Grant to Corporation for which Legislator is President
05-170 November 21, 2005 Applicability of Certain State Statutes to Housing Authorities
05-171 December 6, 2005 Physical and Occupational Therapy Reimbursements Under the Medical Fee Schedule
05-172 November 22, 2006 Application of TCA § 2-10-206(a)(4) to Statements of Local Candidates
05-173 November 22, 2006 Limits on State Officials
05-174 December 4, 2006 The Legal Duty of Pharmacies to Allow Inspection of Methamphetamine Precursor Registries
05-175 December 7, 2006 Use of Two Way Video Conferencing at Parole Hearings
05-176 December 8, 2006 Joint Economic Development Board of Weakley County
05-177 December 19, 2006 Validity of Tenn. Code Ann. § 41-8-107(c) Regarding the Use of Subsidies Received for Housing State Prisoners in Local Correctional Facilities
05-178 December 13, 2005 Food Allergies under the ADA
05-179 December 15, 2005 Jail Fee
05-180 December 15, 2005 Implementation of the Coin-operated Amusement Machine Tax Act, Tenn. Code Ann. §§ 67-4-2201 et seq.
05-181 December 20, 2005 Governmental Entity's Authority to Contract with Private Firm to Audit, Assess, or Collect Taxes
05-182 December 22, 2005 Consequences of Advertising an "Absolute Auction"
05-183 December 22, 2005 Effect of Public Chapter No. 394, Public Acts of 2005, on ex parte Orders of Protection and Domestic Abuse Bail Conditions
05-184 December 22, 2005 2005 Tenn. Public Acts, ch. 197: Waiver of Lien
05-185 December 28, 2005 DCS' Authority to File CICA Claim on Behalf of Children in State Custody
05-186 December 22, 2005 Procedures Governing Amendments to the BEP Equalization Formula Pursuant to Tenn. Code Ann § 49-3-356
05-187 December 28, 2005 Ability of T.C.R.S. Group 2 Retirees to Continue Drawing Benefits While Serving as Circuit Court Clerk

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