2000 Opinions

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• Opinion No. 00-001, General Sessions Judge’s Legal Authority, January 4, 2000
• Opinion No. 00-002, Powers of Board under Sheriff’s Civil Service Law, January 4, 2000
• Opinion No. 00-003, Utility Districts with Territory in More than One County, January 6, 2000
• Opinion No. 00-004, Special School District - Waiver of Pro Rata Distribution of Bond Proceeds, January 6, 2000
• Opinion No. 00-005, Fund raising, School Property, County Trustee, Audits, January 11, 2000
• Opinion No. 00-006, Truancy enforcement -- private and church-related schools, January 11, 2000
• Opinion No. 00-007, Exemptions Under the Tennessee Oil Spill Cleanup and Environmental Preservation Act, January 18, 2000
• Opinion No. 00-008, Effect of Juvenile Delinquency Adjudications Upon Ability to Obtain Handgun Carrying Permit., January 18, 2000
• Opinion No. 00-009, Actions of Court Officers, January 19, 2000
• Opinion No. 00-010, House Rule 63: Status of House Bill 954, January 19, 2000
• Opinion No. 00-011, Campaign Fundraising by Legislator for County Office, January 24, 2000
• Opinion No. 00-012, Constitutionality of Tenn. Code Ann. § 36-5-116(a)(1), January 24, 2000
• Opinion No. 00-013, Building and Fire Codes for County Educational Facilities, January 24, 2000
• Opinion No. 00-014, Publication of criminal case dispositions on the Internet., January 26, 2000
• Opinion No. 00-015, Voting on Metropolitan Planning Organization, January 26, 2000
• Opinion No. 00-016, TennCare/House Bill 2002, February 2, 2000
• Opinion No. 00-017, Constitutionality of Municipal Charter Amendment that Extends Term of Elected Officials, February 8, 2000
• Opinion No. 00-018, Inclusion of Federally Owned Land in County Growth Plan, February 10, 2000
• Opinion No. 00-019, Separation of Powers: Board Appointments by Speakers, February 10, 2000
• Opinion No. 00-020, Constitutionality of Tenn. Code Ann. § 39-17-1305., February 15, 2000
• Opinion No. 00-021, Constitutionality of Public Chapter 128, February 15, 2000
• Opinion No. 00-022, Effect and Enforcement of Growth Plan, February 15, 2000
• Opinion No. 00-023, Smyrna City Court: Disposition of Bond Forfeitures, February 15, 2000
• Opinion No. 00-024, Franklin Special School District - Avoiding County Tax for Bonds for School Purposes, February 15, 2000
• Opinion No. 00-025, Authority of McMinn County to Impose Host Fee on Privately Owned Landfill Inside the County, February 15, 2000
• Opinion No. 00-026, Peace Officers Standards and Training (POST) pre-employment requirements, February 15, 2000
• Opinion No. 00-027, Title IV-D Child Support Enforcement: Welfare Eligibility, Custody and Privilege Issues, February 18, 2000
• Opinion No. 00-028, Legality of Contracting With Person Receiving Tennessee Consolidated Retirement System Benefits, February 22, 2000
• Opinion No. 00-029, Amending a Nonprofit Corporation’s Charter, February 22, 2000
• Opinion No. 00-030, Violations of Tenn. Code Ann. § 39-17-911(a)(1), February 22, 2000
• Opinion No. 00-031, Ability of Persons to Carry Firearms on Premises that Sells Beer Which Contain Five Percent Alcohol or Less, February 22, 2000
• Opinion No. 00-032, Extraterritorial City Zoning, February 28, 2000
• Opinion No. 00-033, 1988 Tenn. Priv. Acts, ch. 144 - Restrictions On Solid Waste Disposal - Commerce Clause, February 28, 2000
• Opinion No. 00-034, Workforce Investment Act of 1998 - Propriety and Constitutionality of H.B. 2389, February 29, 2000
• Opinion No. 00-035, Release of arrestees who have posted bail, March 1, 2000
• Opinion No. 00-036, Annexation after Growth Plan Adopted, March 6, 2000
• Opinion No. 00-037, Reorganization of Department of Transportation, March 7, 2000
• Opinion No. 00-039, State Park Entrance Fees and Parking Fees - Authority To Establish By Rulemaking, March 13, 2000
• Opinion No. 00-040, “Balance Billing” by Non-Contractual TennCare Providers, March 13, 2000
• Opinion No. 00-041, Transfer of Duties of Knox County Circuit Court Clerk, March 13, 2000
• Opinion No. 00-042, Representation of the State in Criminal and Juvenile Proceedings in General Sessions Courts, March 13, 2000
• Opinion No. 00-043, General Sessions Judge Serving as Trenton City Judge, March 13, 2000
• Opinion No. 00-044, Issuance of citations and arrest warrants by general sessions court clerks, March 13, 2000
• Opinion No. 00-045, Management and Sale of Bradley County Memorial Hospital, March 13, 2000
• Opinion No. 00-046, Constitutionality of HB2296, March 13, 2000
• Opinion No. 00-047, Tennessee Constitution, Article II, Section 19, March 13, 2000
• Opinion No. 00-048, Authority of Law Enforcement Officers to make Misdemeanor Arrests., March 20, 2000
• Opinion No. 00-049, Home Schooling — Parents’/Legal Guardians’ Notification of Director of Schools by August 1, March 20, 2000
• Opinion No. 00-050, Franklin County Constables, March 20, 2000
• Opinion No. 00-051, Sentence Credits pursuant to Tenn. Code Ann. §41-2-111 for inmates in county jails or workhouses, March 20, 2000
• Opinion No. 00-052, Scheduling Recall Election, March 22, 2000
• Opinion No. 00-053, Authority of County to Impose a Surcharge on Disposal of Municipal Solid Waste at a Privately Owned Disposal Facility, March 22, 2000
• Opinion No. 00-054, Service as UT Assistant General Counsel and Member of Judicial Selection Commission, March 23, 2000
• Opinion No. 00-055, Permanent Disqualification from Office, March 28, 2000
• Opinion No. 00-056, Responsibility for FBI R-84 Disposition Report, March 31, 2000
• Opinion No. 00-057, Teachers’ organizations - limitations on access to school communication media, March 31, 2000
• Opinion No. 00-058, Publication of Criminal Court Records on the Internet., March 31, 2000
• Opinion No. 00-059, Local Option Budgeting Law and Private Act, April 3, 2000
• Opinion No. 00-060, Constitutionality of Limiting Minor’s Access to Video Games, April 3, 2000
• Opinion No. 00-061, Worthless Checks, Tenn. Code Ann. § 39-14-121, April 3, 2000
• Opinion No. 00-062, Exclusion from Ad Valorem Taxation of Personal Property of Individuals, April 3, 2000
• Opinion No. 00-063, Status of Ambulatory Surgical Treatment Center License After Closure, April 3, 2000
• Opinion No. 00-064, Legislator as State Employee, April 3, 2000
• Opinion No. 00-065, Authority of Limited Insurance Representative under Tenn. Code Ann. § 56-6-138, April 3, 2000
• Opinion No. 00-066, Authority of the Legislature to Direct Valuation Methods for Low-Income Residential Property under Article II, § 28 and § 29 of the Tennessee Constitution, April 5, 2000
• Opinion No. 00-067, Expanding a Utility District, April 6, 2000
• Opinion No. 00-068, Constitutionality of Limiting Minor’s Access to Video Games, April 11, 2000
• Opinion No. 00-069, Constitutionality of Proposed Amendment to House Bill 2230 Limiting Payment of Punitive Damage Awards to Civil Litigation Plaintiffs, April 11, 2000
• Opinion No. 00-070, "Emeritus Programs" Established by the Board of Regents of the State University and Community College System and the Board of Trustees of the University of Tennessee, April 11, 2000
• Opinion No. 00-071, Identification for Pawn Transactions, April 11, 2000
• Opinion No. 00-072, Obstructions on the right-of-way., April 17, 2000
• Opinion No. 00-073, Municipal Courts, April 17, 2000
• Opinion No. 00-074, Guilty plea to adult driving while impaired by a person between the ages of 18 and 21., April 17, 2000
• Opinion No. 00-075, Prior service credits for assistant public defenders, April 17, 2000
• Opinion No. 00-076, Group Homes for the Mentally Retarded, April 25, 2000
• Opinion No. 00-077, Constitutionality of House Bill 3062/Senate Bill 2320, April 25, 2000
• Opinion No. 00-078, Community Corrections Act, April 27, 2000
• Opinion No. 00-079, Zero Tolerance Policy of the Department of Human Services, May 1, 2000
• Opinion No. 00-080, Authority of Domestic Violence State Coordinating Council, May 1, 2000
• Opinion No. 00-081, Senate Bill 3291/House Bill 3301 - Private Act - Sevier County Commission - Nonbinding Referendum - Zoning - Constitutionality, May 1, 2000
• Opinion No. 00-082, Constitutionality of Amendments to HB 2297/ SB 2475 concerning Grandparent Visitation, May 2, 2000
• Opinion No. 00-083, Failure to Enact Appropriations Act, May 4, 2000
• Opinion No. 00-084, Are the amendments proposed in Senate Bill No. 2665 constitutional?, May 4, 2000
• Opinion No. 00-085, Impact of Legislative Proposal on a Rutherford County Referendum to Increase the Local Sales Tax, May 4, 2000
• Opinion No. 00-086, Competitive Bidding Requirements For County Road Construction Contracts, May 5, 2000
• Opinion No. 00-087, Interpretation of Tenn. Code Ann. § 57-5-101 Concerning Microbreweries, May 5, 2000
• Opinion No. 00-088, Police Department Dispatcher as Neutral and Detached Magistrate., May 5, 2000
• Opinion No. 00-089, “Health Care Provider Joint Negotiations Act” As Exemption from Antitrust Laws, May 9, 2000
• Opinion No. 00-090, Public Notice on Internet Site, May 9, 2000
• Opinion No. 00-091, Zoning by Chickasaw Trail Economic Development Authority, May 15, 2000
• Opinion No. 00-092, Constitutionality of S.B. 2234, conversion of restitution orders to civil judgments, May 16, 2000
• Opinion No. 00-093, Compensation of Part-Time County Employees While Serving Weekend National Guard Duty, May 17, 2000
• Opinion No. 00-094, Nonresident Property Owners Voting in Municipal Elections - City of Spring Hill - Tenn. Code Ann. § 6-53-102 - Constitutionality of House Bill 1932/Senate Bill 1933, May 18, 2000
• Opinion No. 00-095, Legality of “Special Call” Meeting of City of Jellico Board of Mayor and Aldermen, May 18, 2000
• Opinion No. 00-096, Authority of Public Housing Authority Law Enforcement Officer, May 22, 2000
• Opinion No. 00-097, Legality of a Transfer of Funds from the Tennessee Transportation Equity Trust Fund, May 22, 2000
• Opinion No. 00-098, Application of Amusement Tax to Event Sponsored by Firefighters Through Independent Contractor, May 23, 2000
• Opinion No. 00-099, State Regulation of Federal Campaigns, May 24, 2000
• Opinion No. 00-100, Maintenance of Roads Within State Parks, State Forests and State Natural Areas, May 24, 2000
• Opinion No. 00-101, County Contract to Sell Public Records, May 24, 2000
• Opinion No. 00-102, Charter Provision Raising Salary of Mayor of Smithville, May 31, 2000
• Opinion No. 00-103, Effect of SB3147 / HB3259 on Building Fees and Permits Enacted in Bartlett, Tennessee, June 1, 2000
• Opinion No. 00-104, Item in Appropriations Bill, June 1, 2000
• Opinion No. 00-105, Applicability of Collection Service Licensure Requirements to Company Owned and Operated by Attorneys, June 8, 2000
• Opinion No. 00-106, Validity of Proposed Property Tax Exemption under Article XI, Section 8 of the Tennessee Constitution., June 9, 2000
• Opinion No. 00-107, Authority of the Tennessee Human Rights Commission, June 12, 2000
• Opinion No. 00-108, Jurisdiction of Gibson County General Sessions Court, June 12, 2000
• Opinion No. 00-109, Student Assignment - - Memphis City School Board’s Policies and Procedures, June 20, 2000
• Opinion No. 00-110, Penalties available to school principals for violation of the Prevention of Youth Access to Tobacco Act of 1994., June 20, 2000
• Opinion No. 00-111, Attorney for Department of Correction Representing Other Clients, June 20, 2000
• Opinion No. 00-112, Duties of Juvenile Court Clerk in Obion County, June 20, 2000
• Opinion No. 00-113, Legal Representation of Community Services Agencies, June 20, 2000
• Opinion No. 00-114, Contributions to a special fund by criminal defendants, June 20, 2000
• Opinion No. 00-115, Applicability of the Uniform Trade Secrets Act to the State of Tennessee and its Employees, June 27, 2000
• Opinion No. 00-116, Tennessee Private Investigation and Polygraph Commission, June 27, 2000
• Opinion No. 00-117, Construction Manager / Conflict of Interest, July 5, 2000
• Opinion No. 00-118, Legality of Full-time County Attorney for Cocke County, July 5, 2000
• Opinion No. 00-119, Authority of Tennessee Board of Architectural and Engineering Examiners to adopt policies, July 10, 2000
• Opinion No. 00-120, Judicial Commissioners’ Authority to Issue Ex Parte Orders of Protection, July 17, 2000
• Opinion No. 00-121, Warrant to search third-party residence to effect an arrest, July 17, 2000
• Opinion No. 00-122, Authority of Water Quality Control Board to Promulgate Rules Affecting Aquatic Resource Alteration Permits, July 21, 2000
• Opinion No. 00-123, General sessions judges’ compensation — 2000 federal census, August 4, 2000
• Opinion No. 00-124, Arrest Warrants Process, August 7, 2000
• Opinion No. 00-125, Constitutionality of 2000 Tenn. Pub. Acts Chapter 909 (HB2688/SB2398), August 7, 2000
• Opinion No. 00-126, Removal of Judicial Commissioner, August 7, 2000
• Opinion No. 00-127, Grandparent Visitation, August 9, 2000
• Opinion No. 00-128, Confidentiality of Juvenile Court Records Pursuant to Tenn. Code Ann. § 37-1-153(a)(5), August 10, 2000
• Opinion No. 00-129, Ouster of Officials for Engaging in Legalized Gambling Outside of Tennessee and Compulsion of Testimony Regarding Ouster, August 14, 2000
• Opinion No. 00-130, Effect of Amended State Lands Acquisition Fund and the 2000 Appropriations Bill on the Operation of State Parks this Fiscal Year, August 15, 2000
• Opinion No. 00-131, Diagnostic Testing Under the Chiropractic Practice Act, August 15, 2000
• Opinion No. 00-132, Employees’ Entitlement to Vacation Pay Accrued Upon Termination of Employment, August 17, 2000
• Opinion No. 00-133, Permissibility of Intrastate Long-Distance Directory Assistance Charges by Long Distance Telephone Service Resellers, August 18, 2000
• Opinion No. 00-134, Application of the Building Height Restriction in the Scenic Highway System Act, August 22, 2000
• Opinion No. 00-135, Challenge to Growth Plan Ratified by Local Governments, August 22, 2000
• Opinion No. 00-136, Liability of the State for Errors in the Issuance of Permits, August 24, 2000
• Opinion No. 00-137, Conflict of Interest: Assistant District Attorney General, August 24, 2000
• Opinion No. 00-138, School Board Member - - Other County Office, August 28, 2000
• Opinion No. 00-139, Applicability of Hospital Liens Under the Criminal Injuries Compensation Act, September 7, 2000
• Opinion No. 00-140, Felony evading arrest, Tenn. Code Ann. § 39-16-603, September 7, 2000
• Opinion No. 00-141, License Revocation for Non-Compliance with a Court Order of Visitation, September 8, 2000
• Opinion No. 00-142, Memphis City School System — School Board Members’ Compensation, September 11, 2000
• Opinion No. 00-143, Telephone Cooperative By-Laws, September 19, 2000
• Opinion No. 00-144, Authorization by private property owners to tow or store vehicles, September 19, 2000
• Opinion No. 00-145, Franchise Agreement by City of Franklin, September 20, 2000
• Opinion No. 00-146, Tennessee Technology Corridor Development Authority Act, September 22, 2000
• Opinion No. 00-147, Lawful Commands of Police, September 26, 2000
• Opinion No. 00-148, Board of Zoning Appeals’ Modification of Zoning Variance, September 29, 2000
• Opinion No. 00-149, Memphis School District, Validity of 1970 Private Acts, Ch. 30, October 4, 2000
• Opinion No. 00-150, Duties of Public Housing Authority Officers, October 5, 2000
• Opinion No. 00-151, Transfer of Director of Schools, October 5, 2000
• Opinion No. 00-152, County Purchasing Law of 1957, October 6, 2000
• Opinion No. 00-153, County employee - member of county legislative body, October 9, 2000
• Opinion No. 00-154, County’s Duty to Accept Waste Tires for Storage Under Tenn. Code Ann. § 68-211-866, October 10, 2000
• Opinion No. 00-155, The Required Signatures of Married Persons in Transferring Motor Vehicle Titles., October 13, 2000
• Opinion No. 00-156, Title to real property conveyed for use as a site for a new Obion County Public Library, October 17, 2000
• Opinion No. 00-157, Appeal from Juvenile Court, October 17, 2000
• Opinion No. 00-158, Municipal Authority to Enact Child Curfew Ordinances, October 17, 2000
• Opinion No. 00-159, Lucrative Offices; Article II, Section 26, October 17, 2000
• Opinion No. 00-160, West Tennessee Examiner as “newspaper”for purposes of publication of official notices, October 17, 2000
• Opinion No. 00-161, Ability of Local Governments to Prohibit Possession of Weapons in County Buildings., October 17, 2000
• Opinion No. 00-162, Medical expenses arising from blood test in DUI arrest, but unrelated to the arrest., October 18, 2000
• Opinion No. 00-163, Humane Society Lien on Animals Lawfully In Custody, October 19, 2000
• Opinion No. 00-164, Applicability of the Little Hatch Act to the use of public parking facilities for a political event, October 19, 2000
• Opinion No. 00-165, 1998 Base Salary of Lake County General Sessions Judge, October 23, 2000
• Opinion No. 00-166, Secondary employment of law enforcement officers by private security company, October 24, 2000
• Opinion No. 00-167, Identification for Pawn Transactions on Separate Form, October 26, 2000
• Opinion No. 00-168, Local Education - Personnel; Compensation; Conflict of Interest, October 31, 2000
• Opinion No. 00-169, Title to real property conveyed for use as a site for a new public library, October 31, 2000
• Opinion No. 00-170, Constitutionality of Private Act Restricting Campaign Materials in Polling Place, November 2, 2000
• Opinion No. 00-171, Allocation of drug fines pursuant to Tenn. Code Ann. §39-17-428(c), November 3, 2000
• Opinion No. 00-172, Transportation of Persons with Mental Illness in Shelby County, November 8, 2000
• Opinion No. 00-173, TVA/Columbia Dam Project Lands, November 16, 2000
• Opinion No. 00-174, Term limits for county commission chair, November 20, 2000
• Opinion No. 00-175, Applicability of Private Investigators Licensure Requirements to Death Penalty Mitigation Experts Under Chapter No. 812, 2000 Public Acts., November 20, 2000
• Opinion No. 00-176, Authority for Child Custody Bond, November 20, 2000
• Opinion No. 00-177, Assessment of Privilege Tax on Manufacturing or Producing and Selling Bottled Water, November 20, 2000
• Opinion No. 00-178, Parent Educational Seminar Provisions of Parenting Plans, November 20, 2000
• Opinion No. 00-179, Corporate Contributions to Elections Outside of Tennessee, November 20, 2000
• Opinion No. 00-180, Adoption of Local Option Act, November 22, 2000
• Opinion No. 00-181, Conflict of Interest -- County Financial Management System of 1981, TENN.CODE ANN. §§ 5-21-101, et seq., November 22, 2000
• Opinion No. 00-182, Concurrent Jurisdiction Pursuant to Tenn. Code Ann. § 16-15-5004(d)., December 7, 2000
• Opinion No. 00-183, Application of Tenn. Code Ann. § 39-17-1352(e)(1) & (2) to General Sessions Courts, December 12, 2000
• Opinion No. 00-184, Zoning and Planned Growth Areas under Growth Law, December 13, 2000
• Opinion No. 00-185, Fundraising for Federal Office during Legislative Session, December 13, 2000
• Opinion No. 00-186, Legality of Reallocation of Funds Raised Pursuant to Tenn. Code Ann. §9-21-201, et al. - General Obligation Bonds, December 14, 2000
• Opinion No. 00-187, County’s Authority to Levy Local Litigation Tax for Jail or Workhouse Construction Project under Tenn. Code Ann. § 67-4-601(b), December 14, 2000
• Opinion No. 00-188, Collection of Litigation Tax in Appeals, December 14, 2000
• Opinion No. 00-189, Regulatory Authority of the Commissioner of the Tennessee Department of Agriculture, December 20, 2000
• Opinion No. 00-190, Salary of Jackson County General Sessions Judge, December 20, 2000
• Opinion No. 00-191, Authority to request the POST Commission to suspend or revoke the certification of a police officer, December 20, 2000
• Opinion No. 00-192, Right to a Jury Trial for Class C Misdemeanant, December 21, 2000