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2009 Opinions


09-01 January 8, 2009 Stanley, Paul-Senator Requirements for Registered Out-of-State Sex Offenders with Expunged Convictions
09-02 January 9, 2009 Rowland, Donna-Representative Ex Parte Communications in Municipal Administrative Proceedings
09-03 January 16, 2009 Goetz, M.D.- Commissioner

Records Officer under Tenn. Code Ann. § 10-7-304

09-04 January 22, 2009 Camper, Karen- Representative Constitutionality of Bill To Remove Law Enforcement Residency Requirement
09-05 January 23, 2009 Stanley, Paul- Senator Forty-Eight Hour Rule for Sex Offender Registration
09-06 January 23, 2009

Burchett, Tim- Senator

Woodson, Jamie- Senator

WITHDRAWN

09-07 January 26, 2009 Haynes, Joe- Senator "The Tennessean" as a Newspaper of General Publication
09-08 January 29, 2009 Williams, Kent- Speaker of the House Grant Contract Between the State of Tennessee and the Town of Erwin
09-09 February 2, 2009 Harwell, Beth- Representative Effect of preemption and Commerce Clause on state law concerning toxic substances in toys
09-10 February 2, 2009 Beavers, Mae-Senator Scope of Tenn. Code Ann. § 56-7-120 on Assignment of Benefits
09-11 February 3, 2009

Burchett, Tim- Senator

Woodson, Jamie- Senator

Consumption of Alcoholic Beverages on the Premises in Unincorporated Areas of a County
09-12 February 5, 2009 Hensley, Joey- Representative Effects of Special Legislation Extending County’s Authority Over Disposal of Solid Waste
09-13 February 6, 2009 Tracy, Jim-Senator Removal of Members of the Board of Directors of an Emergency Communications District
09-14 February 10, 2009 Kyle, Jim- Senator DeBerry, Lois-Representative “Qualified Public Use Facility” under Tenn. Code Ann. § 7-88-103(7)(A)(i)
09-15 February 24, 2009 Ketron, Bill- Senator Fitzhugh, Craig-Representative Direct Shipment of Wine by Common Carrier
09-16 February 25, 2009 Sargent, Charles-Representative High Volume/Central Fill Pharmacies
09-17 February 25, 2009 Hawk, David-Representative Fundraising for Federal Office During Legislative Session
09-18 February 25, 2009 Southerland, Steve-Senator Square Footage Requirements for Jail Cells
09-19 March 6, 2009 Beavers, Mae-Senator Hotel Tax on Houseboats Capable of Interstate Travel
09-20 March 6, 2009 Swafford, Eric-Representative Retail Package Sales of Alcoholic Beverages
09-21 March 6, 2009 Stanley, Paul- Senator

Registration of Transient Sex Offenders

09-22 March 6, 2009 Brooks, Harry- Representative School Officials’ Membership on Child Abuse Review Teams
09-23 March 6, 2009 Floyd, Richard- Representative Voting Power of Water and Wastewater Treatment Authority’s Governing Body
09-24 March 6, 2009 Moore, Gary- Representative Lengthening Notice Period for Foreclosures
09-25 March 9, 2009 Stanley, Paul- Senator Shelby County Centralized Purchasing System
09-26 March 11, 2009 Coleman, Kent- Representative Validity of Pending Legislation Affecting Development in Rural Community
09-27 March 11, 2009 Colson, Bobby- Commissioner of the TN Auctioneer Commission Licensure of Public Automobile Auctioneers
09-28 March 16, 2009 Moore, Gary- Representative Requiring Lender to Negotiate with Borrower before Foreclosure

09-29 March 16, 2009 Yoakum, Martha- Public Defender Economic Crime Fees and Judicial Forfeiture Proceeds
09-30 March 18, 2009

Burchett, Tim- Senator

Manning, Charles W.- Chancellor, TN Board of Regents

Off Duty Officers’ Possession and Carrying of Firearms on Board of Regents Campuses
09-31 March 20, 2009 Jackson, Doug- Senator Senate Joint Resolution 127 – Abortion
09-32 March 20, 2009 Hawk, David- Representative Constitutionality of House Bill 927
09-33 March 23, 2009

Yokley, Eddie- Representative

Dunn, James B.- District Attorney General

ETHRA Probationary Services
09-34 March 23, 2009 Dean, Vince- Representative Traffic Citation for Failure to Devote Full Attention to the Operation of a Motor Vehicle
09-35 March 23, 2009 Maddox, Mark L.- Representative Director of Schools Serving in General Assembly
09-36 March 24, 2009 Ferguson, Dennis- Representative Authority to Solemnize Marriage
09-37 March 25, 2009 Casada, Glen- Representative Validity of Pending House Bill 1549
09-38 March 25, 2009 McCormick, Gerald- Representative Referendum on Property Tax Freeze Act of 2007
09-39 March 25, 2009 Nixon, Gary- Executive Director, Board of Education Statutory Caps and Conversion Charter Schools
09-40 March 25, 2009 McCord, Joe- Representative Confidentiality of Municipal Inspection Fee Information
09-41 March 25, 2009 Bunch, Dewayne- Senator Sale of Beer to a Minor or Person Without Identification Not a Crime Involving Moral Turpitude
09-42 March 25, 2009 Haynes, Joe- Senator "New Beds" - Developmental Centers – Tenn. Code Ann. § 71-5-105(b)(2)
09-43 March 26, 2009

Overbey, Doug- Senator

Bunch, Dewayne- Senator

Nicely, Frank- Representative

Harwell, Beth- Representative

Effect of Expiration of Judicial Selection Commission and Judicial Evaluation Commission
09-44 March 27, 2009 Ferguson, Dennis- Representative State Legislator Contracting with Non-Profit State Grant Recipient
09-45 April 2, 2009 Ketron, Bill- Senator Effect of Senate Bill 1061
09-46 April 2, 2009 Matlock, Jimmy- Representative County Board of Education donations to 501(c)(3) non-profit organization
09-47 April 2, 2009 McDaniel, Steve- Representative County Employees Sued in Individual Capacities
09-48 April 2, 2009 Ketron, Bill- Senator Conflict of Interest: Chairman of County School Board
09-49 April 2, 2009 Bunch, Dewayne- Senator Legislature’s Power to Pass laws Regulating Service of Process in General Sessions Courts
09-50 April 7, 2009 Hackworth, Jim- Representative Obligation of pawnbroker to conduct criminal history background check
09-51 April 8, 2009

Shipley, Tony- Representative

Watson, Eric- Representative

Constitutionality of House Bill 1961
09-52 April 8, 2009

Coleman, Kent- Representative

Burks, Charlotte- Senator

Dismissal of County Administrator of Elections Based On Party Affiliation
09-53 April 9, 2009 Ferguson, Dennis- Representative Constitutionality of county or city exemptions by population bracket
09-54 April 9, 2009 Shaw, Johnny- Representative Liability of State for Failing to Change Signs in State Parks Regarding Guns
09-55 April 9, 2009

Manning, Charles W.- Chancellor, Board of Regents

Board of Regents Master Intergovernmental Cooperative Purchasing Agreement
09-56 April 15, 2009 Johnson, Jack- Senator Applicability of Tennessee’s Scrap Jewelry and Metal Dealers Act of 1980
09-57 April 16, 2009 Litz, John- Representative Sales Tax Exemption for Trailers Used in Agriculture
09-58 April 16, 2009 Jones, Sherry- Representative

Testimony of a Forensic Interviewer

09-59 April 16, 2009 Little, George- Commissioner, TN Department of Correction Sale/Lease of State Property to Religious Group without Advertisement
09-60 April 20, 2009 Campfield, Stacey- Representative Provision by Counties of Cars and Car Allowances to Salaried County Officials
09-61 April 20, 2009 Harwell, Beth- Representative Distribution of Recently Expired Prescription Drugs
09-62 April 21, 2009 Casada, Glen- Representative Conflicts Between Senate Bill SB1931/HB1517 and State and Federal Petroleum Practices Laws
09-63 April 21, 2009 Woodson, Jamie- Senator Sale of Alcoholic Beverages for On-premises Consumption and Tenn. Code Ann. §57-3-205
09-64 April 22, 2009 Odom, Gary- Representative Effect of SB 1331/HB 1204 Regarding Water Quality Criteria for Selenium
09-65 April 23, 2009 Stewart, Mike- Representative The City Paper, if Revised, as a Newspaper of General Circulation
09-66 April 24, 2009 Hardaway, G.A.- Representative Constitutionality of “Equal and Fair Parenting Act”
09-67 April 28, 2009 Fincher, Henry- Representative Admissibility of Videotaped Statements in Child Sexual Abuse Prosecutions
09-68 May 1, 2009

Bunch, Dewayne- Senator

Open Meetings Act
09-69 May 4, 2009 Stewart, Mike- Representative Constitutionality of HB 1120
09-70 May 4, 2009 Tate, Reginald- Senator Permissive Authority of Commissioner of Education to Withhold State Education Finance Funds
09-71 May 5, 2009 Fincher, Henry- Representative Subpoena for Records Relevant to Investigating the Offense of Sexual Exploitation of a Minor
09-72 May 6, 2009 Bass, Eddie- Representative Prohibition Against Regulatory Inspectors Notifying Law Enforcement of Criminal Activity
09-73 May 6, 2009 Camper, Karen D.- Representative Constitutionality of House Bill 2099
09-74 May 7, 2009 Kelsey, Brian- Representative Constitutionality of Retention Election for Governor and State Legislators
09-75 May 12, 2009 Black, Diane- Senator Secondary employment of commissioned members of the Department of Safety
09-76 May 12, 2009 Southerland, Steve- Senator Legality of Senate Bill 631 and Anti degradation Water Quality Standards
09-77 May 12, 2009 Jackson, Doug- Senator Constitutionality of Legislation Permitting a County to Create a Unified Family Court
09-78 May 12, 2009 Hardaway, G.A.- Representative Constitutionality of Tenn. Code Ann. § 36-6-101(a)(2)(A)(i)
09-79 May 12, 2009 Taylor, J. Michael- District Attorney Distribution of Local Option Sales Tax
09-80 May 12, 2009 Sontany, Janis- Representative Termination of Nonconforming Motor Vehicle Business Establishment
09-81 May 13, 2009 Bass, David- Smith County Juvenile Court Judge Authority to Employ and Terminate a Judicial Commissioner
09-82 May 13, 2009

Burchett, Tim- Senator

Harmon, Bill- Representative

Establishment of New Specialty Earmarked License Plate Recognizing Religious Entity
09-83 May 13, 2009 Fincher, Henry- Representative Preemption of House Bill 1762 and Senate Bill 2089
09-84 May 13, 2009 Gresham, Delores- Senator Report to US Dept. Homeland Security of Jail Arrestee’s Citizenship Status
09-85 May 14, 2009 Fyke, James H.- Commissioner of the TN Department of Environment and Conservation Commissioner’s Authority Under SB 976 to Regulate on Duty Carrying of Firearms
09-86 May 18, 2009 Burchett, Tim- Senator Crediting Credit Card Payments under Senate Bill 2084/House Bill 2120
09-87 May 18, 2009 Harmon, Bill- Representative Allocation of Emergency Communications Fund; “SafeLink” Program
09-88 May 18, 2009

McNally, Randy- Senator

Shipley, Tony- Representative

Constitutionality of “Exclusionary Rule Reform Act”
09-89 May 18, 2009 Bunch, Dewayne- Senator “Self-Help” Seizure of Intellectual Property
09-90 May 18, 2009 Bunch, Dewayne- Senator Appointment of Temporary Judges
09-91 May 18, 2009 Harwell, Beth- Representative Renewal of Insurance Producer Licenses
09-92 May 20, 2009 Goins, Mark- State Coordinator of Elections Effect of Expiration of State Election Commission
09-93 May 20, 2009 McCord, Joe- Representative HB 1204 – State Selenium Water Quality Criteria and the Federal Clean Water Act
09-94 May 22, 2009 Johnson, Curtis- Representative Charter of the City of Clarksville
09-95 May 22, 2009 Shipley, Tony- Representative Release of Minor’s Medical Records
09-96 May 22, 2009 Lynn, Susan- Representative Constitutionality of House Bill 1541 creating criminal offense of aggravated assault of transportation system employees
09-97 May 22, 2009 Shipley, Tony- Representative Applicability of constitutional protections against unreasonable search and seizure to foreign terrorists
09-98 May 22, 2009 Hawk, David- Representative Number of Licensed Beds in ICF/MR Facilities
09-99 May 22, 2009 Jackson, Doug- Senator Issuance of Handgun Carry Permit to Persons Committed or Hospitalized in a Mental Institution
09-100 May 26, 2009 Earls, Alfred Lynn- District Attorney Removal of Bail Bondsmen
09-101 May 28, 2009 Stewart, Michael G.- Representative Nexus Created by In-State Resident Referrals to Out-of-State Vendors
09-102 May 28, 2009 Hardaway, G.A- Representative Constitutionality of SB1354/HB552 and SB1355/HB549 related to local funding of schools
09-103 May 29, 2009 Kelsey, Brian- Representative Constitutionality of legislation prohibiting campaign contributions by constitutional officers
09-104 June 1, 2009 Burchett, Tim- Senator Proposed Amendment to County Charter Statutes
09-105 June 2, 2009 Jones, Ulysses, Jr.- Representative Pending Legislation Regarding Shelby County General Sessions Court
09-106 June 3, 2009 Jackson, Doug- Senator Information Required for the Renewal of a Handgun Carry Permit
09-107 June 8, 2009 Bunch, Dewayne- Senator Providing Fire and Other Services under an Inter local Agreement
09-108 June 8, 2009 Hardaway, G.A- Representative Effect of SB 2192/HB 2194 on Local Educational Funding in the event of consolidation of the City of Memphis and Shelby County
09-109 June 8, 2009 Hawk, David- Representative Conflict of Interest: Local Government Project Manager
09-110 June 8, 2009 Camper, Karen- Representative Establishment of New Specialty Earmarked License Plate Recognizing Religious Charity
09-111 June 8, 2009 Herron, Roy- Senator Conflict of Interest: UT-Martin Recruiting Expenses
09-112 June 10, 2009

Hackworth, Jim- Representative

Faulk, Mike- Senator

“Fair Campaign Practices Act” (HB891/SB1060)
09-113 June 10, 2009 Beavers, Mae- Senator Power of City to Charge for Utilities and Police Protection Provided for County Fairground
09-114 June 10, 2009 Gilmore, Brenda- Representative Constitutionality of Legislation Defining Certain Gang Activity as a Public Nuisance
09-115 June 11, 2009

Burks, Charlotte- Senator

Swafford, Eric- Representative

Procedure for Local Approval of Landfills Under Tenn. Code Ann. § 68-211-703
09-116 June 11, 2009 Hardaway, G.A.- Representative HB2189: Constitutionality of Population Bracket Exemptions
09-117 June 12, 2009 Ford, Dale- Representative Reducing Number of Members of County Commission
09-118 June 12, 2009 Jackson, Doug- Senator Validity of Local Ordinance Prohibiting Firearms in Establishment with Beer Permit
09-119 June 12, 2009 Burchett, Tim- Senator Regulation of Municipal Traffic Schools
09-120 June 15, 2009 McCormick, Gerald- Representative Removal of Water and Wastewater Treatment Authority Commissioner
09-121 June 16, 2009 McCord, Joe- Representative Privilege Tax on Whitewater Rafting on Ocoee and Hiwassee Rivers in Polk County
09-122 June 17, 2009 Jones, Ulysses, Jr.- Representative Constitutionality of Section 2 of Amendment No. 1 to SB 2133 Limiting Applicability to School District Population
09-123 June 29, 2009 Floyd, Richard- Representative Solemnization of Marriages by Former Municipal Mayor
09-124 June 29, 2009 Goins, Mark- State Coordinator of Elections Payment of County Election Commission’s Fees and Expenses
09-125 July 15, 2009 Faulkner, Chad- Representative County Commission Authority over Equipment and Personnel in Elected Officials’ Offices
09-126 July 22, 2009 Cobb, Curt- Representative Authority of Development District to issue Revenue Bonds
09-127 July 22, 2009 Stewart, Eric- Senator Warren County’s Authority to Provide for Variances from Requirements in Private Act
09-128 July 22, 2009 Windle, John Mark- Representative Donation of Real Property by Emergency Communications District
09-129 July 24, 2009 Casada, Glen- Representative Firearms in Public Parks That Have Athletic Fields That are Also Used by Schools
09-130 July 24, 2009 Woodson, Jamie- Senator Limitation of Wholesale Licenses by Ordinance
09-131 July 24, 2009 Campfield, Stacey- Representative Scope of Federal Power to Tax and Regulate Products Made, Sold, and Used Only in Tennessee
09-132 July 28, 2009 Ed Carter, Executive Director of TN Wildlife Resources Agency Adjusting Wildlife Resources License and Permit Fees
09-133 July 28, 2009 Dunn, Bill- Representative Appointment of Judges
09-134 July 28, 2009 Shipley, Tony- Representative Legality of a Guest Workers Program
09-135 July 28, 2009 Burchett, Tim- Senator Scanning Motor Vehicle License Plates to Determine Financial Responsibility Compliance
09-136 July 28, 2009 West, Ben, Jr.- Representative Statute of Limitations Applicable to Challenges to Zoning Changes
09-137 July 29, 2009 Ketron, Bill- Senator The Rutherford Reader, as Revised, as a Newspaper of General Circulation
09-138 July 29, 2009 Matlock, Jimmy- Representative The Monroe County Buzz as a Newspaper of General Circulation
09-139 July 30, 2009 Sykes, Elizabeth- Director, Administrative office of the Courts Effective Date of 2009 Tennessee Public Acts, Chapter 585
09-140 July 31, 2009 Shepard, David- Representative County Emergency Agency Establishing Secondary Emergency Operating Center
09-141 July 31, 2009 Barnes, Tim- Senator Constitutionality of 2009 Tenn. Pub. Acts, ch. 442 relating to transfer of visitation rights
09-142 July 31, 2009 Johnson, Phillip- Representative A Registered Sex Offender's Attendance at School Events Open to the Public
09-143 July 31, 2009 Ketron, Bill- Senator Preemption of Tenn. Code. Ann. § 66-34-103(a) by the National Housing Act
09-144 July 31, 2009 Yager, Ken- Senator Teacher Tenure Requirements Under Tenn. Code Ann. § 49-5-504 (Supp. 2008)
09-145 July 31, 2009 Lollar, Ron- Representative The Millington Star as a Newspaper of General Circulation
09-146 August 3, 2009 Bonnyman, Claudia- Chancellor Deposits by the Clerk and Master
09-147 August 4, 2009 Dement, Joe Jack- Rutherford County Soil Conservation District Applicability of City of Smyrna’s Storm Water User Fees to Agricultural Land

09-148 August 4, 2009 Nell, Roger- District Public Defender Board’s Authority to Impose Fee Upon Application to Transfer Probation/Parole Supervision

09-149 August 4, 2009 Dunavant, Michael- District Attorney Juvenile Court Jurisdiction

09-150 August 6, 2009 Weiland, Patricia- TRICOR TRICOR Service Industry Partnerships with the Private Sector

09-151 August 19, 2009 Jones, Ulysses- Representative Authority of Shelby County Judicial Commissioners to Hear Orders of Protection
09-152 September 8, 2009

Cooper, Barbara- Representative

Lollar, Ron- Representative

Authority of Counties and Municipalities to Prohibit Firearms in Parks Which They Own

09-153 September 8, 2009 Johnson, Phillip- Representative Accident Service Fees Charged by Fire Departments
09-154 September 10, 2009 Shipley, Tony- Representative Revenues earmarked under Tenn. Code Ann. § 56-4-205(c)
09-155 September 15, 2009 Gonzales, Greg- Commissioner of TN Department of Financial Institutions Calculation of interest and fees under Tennessee Title Pledge Act
09-156 September 15, 2009

Brandon, Larry D.- General Sessions Judge

Benham, Robert S.- Probate Judge

Kennedy, Randy- Circuit Judge

Filing Petitions and Orders as Personal Representative of Estate as Practice of Law
09-157 September 16, 2009 Litz, John- Representative Recovery of Payments to Health Care Providers
09-158 September 22, 2009 West, Ben- Representative Authorization of County and Municipal Governments to Prohibit Handguns in Parks They Own
09-159 September 24, 2009 Brooks, Harry- Representative Charter Schools
09-160 September 28, 2009 Tidwell, John- Representative Carrying of Firearms in Parks Being Used by Schools
09-161 September 30, 2009 Mumpower, Jason- Representative Duty of Train Operator to Blow Whistle Before Crossing Private Drive
09-162 October 1, 2009 Jones, Kelsie- Executive Director of State Board of Equalization State Board of Equalization's Authority to Review Actions of Local Assessors
09-163 October 2, 2009 Burchett, Tim- Senator Deposits of Securities by Insurance Companies in Clearing Corporations
09-164 October 14, 2009 Zavogiannis, Lisa- District Attorney General Requirement for a Driver's License While Driving an Off-Highway Vehicle on the Highway
09-165 October 15, 2009 Kisber, Matthew-Commissioner of the TN Department of Economic and Community Development Condemnation of Easement by Private Corporation for Pipeline
09-166 October 15, 2009 Maggart, Deborah Young- Representative County School Systems State Mandated "Step Raise"
09-167 October 16, 2009 Harrison, Mike- Representative Deputy Sheriff Running For Sheriff
09-168 October 20, 2009 Casada, Glen- Representative Pardoned Felony Drug Offender Prohibited from Possessing or Purchasing Firearms
09-169 October 20, 2009 Ramsey, Bob- Representative Prohibiting Handguns in Jointly Operated Public Parks
09-170 October 26, 2009 Shipley, Tony-Representative Firearms, Vehicle Towing, Guests, and Security Deposits on Leased Property
09-171 October 27, 2009 Barnes, Tim-Senator Valuation of Farm Property
09-172 October 29, 2009 Miller, Larry- Representative Composition of Assessment Appeals Commission
09-173 October 30, 2009

Neeley, James G.- Commissioner of the TN Department of Labor and Workforce Development

Workers' Compensation Insurance Coverage for Sole Proprietors in the Construction Industry
09-174 November 2, 2009 Campfield, Stacey- Representative Legislative Authority Concerning Judicial Elections and Appointments
09-175 November 6, 2009 Pitts, Joe- Representative County Commissioner Employed by the County
09-176 November 12, 2009 Weaver, Terri L.- Representative Use of Birth Name Not Required in Running for Office
09-177 November 13, 2009 Matheny, Judd- Representative Licensed Auctioneer Holding a License as an Alcoholic Beverage Collector
09-178 November 13, 2009 Jones, Ulysses- Representative County Election Commission Vacancy
09-179 November 19, 2009 Niceley, Frank- Representative Municipality Required to “Opt-Out” of Handguns in Parks Despite Prior Handgun Prohibition
09-180 November 24, 2009 West, Ben- Representative Use of Sales and Use Tax Revenue to Pay the Cost of Qualified Public Use Facilities
09-181 November 24, 2009 Bunch, Dewayne- Senator

Procurement Process Required For Municipal Boards of Education

09-182 November 30, 2009 Moore, Gary- Representative Exemption to Metropolitan Nashville-Davidson County's Graduated Storm Water User Fees
09-183 December 8, 2009 Maggart, Debra- Representative Legislature's Authority to Appoint Judges
09-184 December 8, 2009 Lynn, Susan- Representative Constitutionality of Mandatory Workers' Compensation Insurance Coverage
09-185 December 8, 2009 Ketron, Bill- Senator Tamper-Resistant Prescription Paper
09-186 December 14, 2009 Taylor, James F.- Judge Collections by Juvenile and General Sessions Courts; Conflicts of Interest
09-187 December 14, 2009 West, Ben- Representative Garagekeeper's or towing firm's lien under Tenn. Code Ann. § 66-19-103
09-188 December 16, 2009 Ketron, Bill- Senator Requirements of Tenn. Code Ann. § 62-2-102(b) for Non-Registrants
09-189 December 23, 2009 Gibbons, William- District Attorney General Application of Tenn. Code Ann. § 39-14-121 to instances involving the acquisition of services
09-190 December 23, 2009 Clark, Dave- District Attorney General Authority of District Attorneys General to Appoint Volunteer Investigators and Utilize Experts

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