2003 Opinions

Opinion No. 03-013, Exempting Human Resource Agencies From Conflict of Interest Provision in Child Care Broker Services Grant Application, January 30, 2003

Opinion No. 03-014, Charitable Lotteries: “For the Benefit of a 501(c)(3) Organization”, February 5, 2003

Opinion No. 03-015, Net Proceeds of the State Lottery,l February 10, 2003

Opinion No. 03-016, Regulation of Mortgage Lending by Local Governments, February 11, 2003

Opinion No. 03-017, Powers of Utility District, February 19, 2003

Opinion No. 03-018, Licensed Security Officers and Citizen Arrests, February 19, 2003

Opinion No. 03-019, Subjecting Tax Increases to Public Referendum in Home Rule Municipalities, February 19, 2003

Opinion No. 03-020, Joint Development of Industrial Park by Contiguous Counties, February 24, 2003

Opinion No. 03-021, Interpretation of Tenn. Code Ann. §§ 63-8-101, et seq., February 24, 2003

Opinion No. 03-022, Licensure Requirements and Powers of Private Security Officers Who Work for a Security Company Contracting With Federal, State or Local Governments., February 25, 2003

Opinion No. 03-023, Extraterritorial Zoning by Memphis and Shelby County under Growth Law, February 25, 2003

Opinion No. 03-024, Blount County Ordinance, March 3, 2003

Opinion No. 03-025, Annual Event for Several 501(c)(3) Organizations, March 5, 2003

Opinion No. 03-026, Charitable Lotteries: “Annual Event”, March 5, 2003

Opinion No. 03-027, School Fees "Debt" for the Purposes of Tenn. Code Ann. § 49-1-302(a)(14), March 14, 2003

Opinion No. 03-028, Allocation of fine and court cost payments in criminal cases to the Drug Court Fund, March 14, 2003

Opinion No. 03-029, Public Non-Profit Human Resource Agency’s operation of rural van system; Tenn. Code Ann. §§ 7-56-101, et seq., March 17, 2003

Opinion No. 03-030, State Lottery — Application of discrimination law to lottery scholarship program, March 25, 2003

Opinion No. 03-031, College and University Security Information Act — Criminal Sanctions, March 25, 2003

Opinion No. 03-032, Action by the Four Lake Regional Industrial Development Authority, March 25, 2003

Opinion No. 03-033, Senate Bill 1332/House Bill 977 - Governmental Tort Liability Act - Constitutionality, April 1, 2003

Opinion No. 03-034, Conflicts of Interest: Claims Commissioner and State Senator Leasing Property to State for Use as Claims Commissioner’s Office, April 1, 2003

Opinion No. 03-035, Authority of TRICOR (Tennessee Rehabilitative Initiative in Correction) under Tenn. Code Ann. § 41-22-407(d) to establish recruiting, hiring, and salary policies., April 1, 2003

Opinion No. 03-036, Allocation of Net Proceeds of Lottery Revenues, April 2, 2003

Opinion No. 03-037, Abolishing the Memphis City School Board, April 2, 2003

Opinion No. 03-038, Memphis City School Board, April 2, 2003

Opinion No. 03-039, Railroad Grade Crossings: Obedience to Signal Indicating Approach of Train, April 3, 2003

Opinion No. 03-040, Taxation of Lottery Winnings, April 7, 2003

Opinion No. 03-041, “Legislative Education Initiative Fund” for Unclaimed Lottery Prize Funds", April 11, 2003

Opinion No. 03-042, Public Records - Tennessee School Boards Association, April 14, 2003

Opinion No. 03-043, Authority of general sessions and municipal judges to administer oaths of office to county officials, April 15, 2003

Opinion No. 03-044, Not-For-Profit Foundations Benefitting Public Higher Education Institutions, April 15, 2003

Opinion No. 03-045, Constitutionality of Imposing the Tennessee Sales Tax on Newspaper Sales, April 16, 2003

Opinion No. 03-046, Public Charter Schools - Sponsors, April 16, 2003

Opinion No. 03-047, Mandatory testing to determine blood alcohol level, April 22, 2003

Opinion No. 03-048, Liability of Driver to Passengers Not Wearing Safety Belts, April 22, 2003

Opinion No. 03-049, Reverse Raffle and Auction as Lottery, April 22, 2003

Opinion No. 03-050, Bail Bond Secured by Real Estate, April 22, 2003

Opinion No. 03-051, Powers of the Watauga River Regional Water Authority, April 23, 2003

Opinion No. 03-052, Constitutionality of H.B. 652, April 24, 2003

Opinion No. 03-053, Prohibiting an Attorney from Appearing in Court, April 30, 2003

Opinion No. 03-054, Constitutionality of proposed legislation granting judges the authority to order a cash deposit bond in certain cases., April 30, 2003

Opinion No. 03-055, Limitations on Contributions by Major Lottery Contractors, April 30, 2003

Opinion No. 03-056, Constitutionality of Act Restricting the Sale or Trafficking of Pornographic, X-rated Materials, May 1, 2003

Opinion No. 03-057, Removal of Recorded Deed, May 1, 2003

Opinion No. 03-058, Permissible Games under Lottery Amendment, May 5, 2003

Opinion No. 03-059, Juvenile Court Discretion to Permit Minors to Buy Tobacco in Sting Operations, May 6, 2003

Opinion No. 03-060, County Buildings Located Outside City Limits of County Seat Town, May 6, 2003

Opinion No. 03-061, Enforcement of Municipal Ordinance in State Court, May 7, 2003

Opinion No. 03-062, Imposition of Hotel-Motel Tax by Home Rule City Located in County Levying Such a Tax by Private Act, May 14, 2003

Opinion No. 03-063, Application of Open Meetings Act to Economic Development Board, May 14, 2003

Opinion No. 03-064, Tenure of County Financial Management Committee, May 14, 2003

Opinion No. 03-065, Lottery Scholarships; Home Schooled Students, May 20, 2003

Opinion No. 03-066, State lottery — use of unclaimed prize money and proceeds of privilege tax, May 22, 2003

Opinion No. 03-067, Preemption of House Bill 275 by Americans with Disabilities Act, May 23, 2003

Opinion No. 03-068, Valuation of Property that Generates Electricity Using Wind, May 27, 2003

Opinion No. 03-069, Taxation of Boat Dock Rentals by a Local Government, May 27, 2003

Opinion No. 03-070, State Board of Equalization Procedures, May 27, 2003

Opinion No. 03-071, Criminal contempt as a conviction under Tenn. Code Ann. § 38-8-106(4), May 27, 2003

Opinion No. 03-072, Cost of Medical Services Incurred in Jail as Condition of Probation, June 10, 2003

Opinion No. 03-073, Ambulance Service - Tenn. Code Ann. 7-61-104, June 10, 2003

Opinion No. 03-074, “John Doe” Right to a Jury Trial; Waiver, June 16, 2003

Opinion No. 03-075, Inmate labor benefiting private party, June 18, 2003

Opinion No. 03-076, West Tennessee Examiner as a “newspaper” and/or “newspaper of general circulation”, June 20, 2003

Opinion No. 03-077, Use of Compensatory Time to Attend Meeting, June 20, 2003

Opinion No. 03-078, Process Servers Appointed under Tenn. Code Ann. § 8-8-108(b) and (c), June 20, 2003

Opinion No. 03-079, Per Diem for Fire Fighting Personnel Board Members, June 20, 2003

Opinion No. 03-080, Apportioning TVA Revenue Funds Between County and Special School District, June 20, 2003

Opinion No. 03-081, Applicability of the Professional Privilege Tax to Judges and Payment of the Tax by the Judicial Branch, June 24, 2003

Opinion No. 03-082, Providing the Telephone Numbers Contained in the Tennessee Do-Not-Call Register to the Federal Trade Commission., June 25, 2003

Opinion No. 03-083, Charter Schools: Student Eligibility to Enroll; Employee Insurance, July 2, 2003

Opinion No. 03-084, Documentation of Auto Insurance Coverage for Tenn. Code Ann. § 55-12-139, July 2, 2003

Opinion No. 03-085, Definition of “Course of Employment” for Purposes of Eligibility of National Guard Members for Benefits Under Tenn. Code Ann. § 58-1-230, July 9, 2003

Opinion No. 03-086, Election for Smyrna City Court Clerk under 2000 Charter, July 10, 2003

Opinion No. 03-087, Medical treatment of certain prisoners in county facilities, July 10, 2003

Opinion No. 03-088, Private Roads, July 15, 2003

Opinion No. 03-089, Paying Off Campaign Debt, July 15, 2003

Opinion No. 03-090, Student Eligibility for Enrollment in Type 1 Charter School, July 24, 2003

Opinion No. 03-091, Application of Open Meetings Act to Economic Development Board, July 24, 2003

Opinion No. 03-092, Abolition of Office of Constable in DeKalb County, July 28, 2003

Opinion No. 03-093, Tort Liability of Emergency Medical Technicians and Paramedics, July 28, 2003

Opinion No. 03-094, Tax-exempt fuel provided by metropolitan airport authority to independent contractor operating local transit service., July 30, 2003

Opinion No. 03-095, Consideration of prior foreign convictions (set aside) for qualification of police officers, July 30, 2003

Opinion No. 03-096, 2003 Tenn. Pub. Acts, Ch. 90 - Office Title - County Mayor 2003 Tenn. Pub. Acts, Ch. 90 - Office Title - County Mayor, August 13, 2003

Opinion No. 03-097, Applicability of Private Investigators’ Licensure Requirements to Attorneys Licensed in Other States, August 13, 2003

Opinion No. 03-098, Brian A. Settlement Agreement Level 1 Waiver Provisions, August 13, 2003

Opinion No. 03-099, Authority of the State Capitol Commission, August 13, 2003

Opinion No. 03-100, Constitutionality of 2003 Amendments to Professional Privilege Tax, August 19, 2003

Opinion No. 03-101, Authority of Tennessee Corrections Institute to Waive Compliance with Minimum Jail Standards, August 19, 2003

Opinion No. 03-102, Memphis City School System — Consolidation or Unification of Special School Districts, August 19, 2003

Opinion No. 03-103, Business Tax — Not Impermissible Double Taxation, August 19, 2003

Opinion No. 03-104, Applicability of child abuse and neglect statute for purposes of applying the $500.00 privilege tax pursuant to Tenn. Code Ann. 40-24-107(a)(1)(B), August 19, 2003

Opinion No. 03-105, Local Education Agency’s refusal to enroll child in Department of Children’s Services custody who has been suspended or expelled from another Local Education Agency., August 21, 2003

Opinion No. 03-106, Jailers’ Fees for Misdemeanants, August 22, 2003

Opinion No. 03-107, The Authority of the Commissioner of Education and of a Local Education Agency To Grant Waivers Under the Tennessee Public Charter Schools Act, August 27, 2003

Opinion No. 03-108, Preliminary Examinations, September 8, 2003

Opinion No. 03-109, Election of Chattanooga City Judge, September 8, 2003

Opinion No. 03-110, Residence of Judicial Commissioner, September 8, 2003

Opinion No. 03-111, Eligibility of County Legislator to Run for Assessor of Property, September 8, 2003

Opinion No. 03-112, Multicandidate political campaign committees, September 9, 2003

Opinion No. 03-113, Application of Tennessee Code Annotated, Section 49-2-201, as amended by Chapter 404 of the Public Acts of 1995, regarding the election of municipal boards of education., September 9, 2003

Opinion No. 03-114, County’s Imposition of “Workplace Privilege Tax” on Non-County Residents, September 9, 2003

Opinion No. 03-115, TOSHA’s Jurisdiction Under Tenn. Code Ann. § 50-3-409 in Discrimination Complaints Brought by an Employee of a State Department or Agency, September 10, 2003

Opinion No. 03-116, School Fees: Rental Fee for Locker, September 15, 2003

Opinion No. 03-117, Constitutionality of Tenn. Code Ann. § 36-4-106(d) — Statutory Injunctions in Divorce Cases, September 15, 2003

Opinion No. 03-118, Issuance of Handgun Carry Permits to Persons Who Have Been Admitted to Hospitals or Other Institutions for Mental Evaluations but Subsequently Released Because Treatment was not Necessary, September 23, 2003

Opinion No. 03-119, “Chief Executive Officer” under Tenn. Code Ann. § 7-52-107, September 24, 2003

Opinion No. 03-120, Sale of County Hospital Assets, September 24, 2003

Opinion No. 03-121, Abolition of Office of Constable in Johnson, Sullivan, McNairy, Stewart, and Lauderdale Counties, September 24, 2003

Opinion No. 03-122, Effect of 2003 Tenn. Pub. Acts Ch. 226: Functions of Juvenile Court Clerk, September 25, 2003

Opinion No. 3-123, Amendment to In Lieu of Tax Payments Statute, September 25, 2003

Opinion No. 03-124, Sheriff’s Accessing E-911 Database to Aid in Serving Warrants, September 26, 2003

Opinion No. 03-125, Sentence Credits for Workhouse Inmates Working for Private Employers, September 29, 2003

Opinion No. 03-126, Constitutionality of Tenn. Code Ann. Section 55-50-321(c)(1)(B), September 29, 2003

Opinion No. 03-127, Violation of Lifetime Supervision Sentence, September 29, 2003

Opinion No. 03-128, Use of Fines Under Tenn. Code Ann. § 55-10-452, September 29, 2003

Opinion No. 03-129, Pledge of Allegiance in Public Schools: Constitutionality of Tenn. Code Ann. § 49-6-1001, October 3, 2003

Opinion No. 03-130, Charter school eligibility for students assigned to a new school without a value added assessment; effect of charter school rejection on optional school eligibility, October 3, 2003

Opinion No. 03-131, Rhea Medical Center, October 3, 2003

Opinion No. 03-132, Effect of the Private Protective Services Licensing and Regulatory Act on employment of private security guards on public property., October 8, 2003

Opinion No. 03-133, Forfeiture of Vehicles for Misdemeanor Possession of Narcotics, October 8, 2003

Opinion No. 03-134, Constitutionality of Chapter No. 370, 2003 Public Acts, Removing for Certain Counties the Prohibition Against Duplicate Hotel-Motel Taxes, October 8, 2003

Opinion No. 03-135, Unlicensed Sale and Distribution of Prescription Veterinary Drugs, October 13, 2003

Opinion No. 03-136, Bailiff or Court Officer serving as Judicial Commissioner, October 13, 2003

Opinion No. 03-137, DA Use of Signature Stamp, October 13, 2003

Opinion No. 03-138, Compensation and Salaries of City Commissioners, October 15, 2003

Opinion No. 03-139, Effect of 2003 Public Acts 105 on Access to Confidential Student Records Maintained by Institutions of Higher Education, October 27, 2003

Opinion No. 03-140, Salary Increases for Local Legislative Bodies and Boards, November 7, 2003

Opinion No. 03-141, Alternative Misdemeanor Jail Facilities, November 7, 2003

Opinion No. 03-142, County Building Inspectors: Residential Rental Property, November 7, 2003

Opinion No. 03-143, Probate Court Clerk in Unicoi County, November 7, 2003

Opinion No. 03-144, Claiborne County Utility District, November 7, 2003

Opinion No. 03-145, Reissuance of service of process, November 17, 2003

Opinion No. 03-146, Cities’ authority to add benefits to the State prevailing wage rates in connection with contracts entered into by that city, November 17, 2003

Opinion No. 03-147, Industrial Development Corporations - Authority to Establish Incentive Loan Program, November 17, 2003

Opinion No. 03-148, Authority of State Licensed Security Officers, November 17, 2003

Opinion No. 03-149, Authority of State Certified Security Officer, November 17, 2003

Opinion No. 03-150, Salary Raise for Hamilton County Judicial Commissioners, November 17, 2003

Opinion No. 03-151, Defendant’s obligation to pay appellate costs when his criminal conviction is subsequently reversed pursuant to a writ of error coram nobis, November 25, 2003

Opinion No. 03-152, Officer’s authority to stop an individual who he knows is driving on a revoked or suspended license, November 25, 2003

Opinion No. 03-153, Effect of criminal summons statute on private citizen arrests., December 8, 2003

Opinion No. 03-154, Amending Growth Plan, December 1, 2003

Opinion No. 03-155, Judicial Commissioner Practicing Law in Criminal Court, December 1, 2003

Opinion No. 03-156, Scope of a court’s discretion under Tenn. Code Ann. § 55-10-701(b) to withdraw an order revoking or denying driving privileges of a juvenile, December 1, 2003

Opinion No. 03-157, Off-Label Drug Use Statute, December 1, 2003

Opinion No. 03-158, Annexation of Parcels along Highway, December 8, 2003

Opinion No. 03-159, Lottery Scholarship Qualifying Criteria, December 8, 2003

Opinion No. 03-160, Powers of a Joint Board of Control jointly operating one or more schools, December 8, 2003

Opinion No. 03-161, Rule-making authority of the Tennessee Title VI Compliance Commission, December 10, 2003

Opinion No. 03-162, Interpretation of Tenn. Code Ann. § 54-5-804, December 12, 2003

Opinion No. 03-163, Issuance of Emergency License Plates to Trauma Physicians, December 23, 2003

Opinion No. 03-164, Jurisdiction of Drug Courts Created Pursuant to Tenn. Code Ann. § 16-22-101, December 23, 2003

Opinion No. 03-165, Constitutional Right to Keep and Bear Arms, December 23, 2003

Opinion No. 03-166, Good-Time Credits, December 23, 2003

2003 Opinions

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