2009 Opinions

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• Opinion No. 09-01, Requirements for Registered Out-of-State Sex Offenders with Expunged Convictions, January 8, 2009
• Opinion No. 09-02, Ex Parte Communications in Municipal Administrative Proceedings, January 9, 2009
• Opinion No. 09-03, Records Officer under Tenn. Code Ann. § 10-7-304, January 16, 2009
• Opinion No. 09-04, Constitutionality of Bill To Remove Law Enforcement Residency Requirement, January 22, 2009
• Opinion No. 09-05, Forty-Eight Hour Rule for Sex Offender Registration, January 23, 2009
• Opinion No. 09-006, Withdrawn, January 23, 2009
• Opinion No. 09-07, "The Tennessean" as a Newspaper of General Publication, January 26, 2009
• Opinion No. 09-08, Grant Contract Between the State of Tennessee and the Town of Erwin, January 29, 2009
• Opinion No. 09-09, Effect of preemption and Commerce Clause on state law concerning toxic substances in toys, February 2, 2009
• Opinion No. 09-10, Scope of Tenn. Code Ann. § 56-7-120 on Assignment of Benefits, February 2, 2009
• Opinion No. 09-11, Consumption of Alcoholic Beverages on the Premises in Unincorporated Areas of a County, February 3, 2009
• Opinion No. 09-12, Effects of Special Legislation Extending County’s Authority Over Disposal of Solid Waste, February 5, 2009
• Opinion No. 09-13, Removal of Members of the Board of Directors of an Emergency Communications District, February 6, 2009
• Opinion No. 09-14, “Qualified Public Use Facility” under Tenn. Code Ann. § 7-88-103(7)(A)(i), February 10, 2009
• Opinion No. 09-15, Direct Shipment of Wine by Common Carrier, February 24, 2009
• Opinion No. 09-16, High Volume/Central Fill Pharmacies, February 25, 2009
• Opinion No. 09-17, Fundraising for Federal Office During Legislative Session, February 25, 2009
• Opinion No. 09-18, Square Footage Requirements for Jail Cells, February 25, 2009
• Opinion No. 09-19, Hotel Tax on Houseboats Capable of Interstate Travel, March 6, 2009
• Opinion No. 09-20, Retail Package Sales of Alcoholic Beverages, March 6, 2009
• Opinion No. 09-21, Registration of Transient Sex Offenders, March 6, 2009
• Opinion No. 09-22, School Officials’ Membership on Child Abuse Review Teams, March 6, 2009
• Opinion No. 09-23, Voting Power of Water and Wastewater Treatment Authority’s Governing Body, March 6, 2009
• Opinion No. 09-24, Lengthening Notice Period for Foreclosures, March 6, 2009
• Opinion No. 09-25, Shelby County Centralized Purchasing System, March 9, 2009
• Opinion No. 09-26, Validity of Pending Legislation Affecting Development in Rural Communities, March 11, 2009
• Opinion No. 09-27, Licensure of Public Automobile Auctioneers, March 11, 2009
• Opinion No. 09-28, Requiring Lender to Negotiate with Borrower before Foreclosure, March 16, 2009
• Opinion No. 09-29, Economic Crime Fees and Judicial Forfeiture Proceeds, March 16, 2009
• Opinion No. 09-30, Off Duty Officers’ Possession and Carrying of Firearms on Board of Regents Campuses, March 18, 2009
• Opinion No. 09-31, Senate Joint Resolution 127 – Abortion, March 20, 2009
• Opinion No. 09-32, Constitutionality of House Bill 927, March 20, 2009
• Opinion No. 09-33, ETHRA Probationary Services, March 23, 2009
• Opinion No. 09-34, Traffic Citation for Failure to Devote Full Attention to the Operation of a Motor Vehicle, March 23, 2009
• Opinion No. 09-35, Director of Schools Serving in General Assembly, March 23, 2009
• Opinion No. 09-36, Authority to Solemnize Marriage, March 24, 2009
• Opinion No. 09-37, Validity of Pending House Bill 1549, March 25, 2009
• Opinion No. 09-38, Referendum on Property Tax Freeze Act of 2007, March 25, 2009
• Opinion No. 09-39, Statutory Caps and Conversion Charter Schools, March 25, 2009
• Opinion No. 09-40, Confidentiality of Municipal Inspection Fee Information, March 25, 2009
• Opinion No. 09-41, Sale of Beer to a Minor or Person Without Identification Not a Crime Involving Moral Turpitude, March 25, 2009
• Opinion No. 09-42, "New Beds" - Developmental Centers – Tenn. Code Ann. § 71-5-105(b)(2), March 25, 2009
• Opinion No. 09-43, Effect of Expiration of Judicial Selection Commission and Judicial Evaluation Commission, March 26, 2009
• Opinion No. 09-44, State Legislator Contracting with Non-Profit State Grant Recipient, March 27, 2009
• Opinion No. 09-45, Effect of Senate Bill 1061, April 2, 2009
• Opinion No. 09-46, County Board of Education donations to 501(c)(3) non-profit organization, April 2, 2009
• Opinion No. 09-47, County Employees Sued in Individual Capacities, April 2, 2009
• Opinion No. 09-48, Conflict of Interest: Chairman of County School Board, April 2, 2009
• Opinion No. 09-49, Legislature’s Power to Pass Laws Regulating Service of Process in General Sessions Courts, April 2, 2009
• Opinion No. 09-50, Obligation of pawnbroker to conduct criminal history background check, April 7, 2009
• Opinion No. 09-51, Constitutionality of House Bill 1961, April 8, 2009
• Opinion No. 09-52, Dismissal of County Administrator of Elections Based On Party Affiliation, April 8, 2009
• Opinion No. 09-53, Constitutionality of county or city exemptions by population bracket, April 9, 2009
• Opinion No. 09-54, Liability of State for Failing to Change Signs in State Parks Regarding Guns, April 9, 2009
• Opinion No. 09-55, Board of Regents Master Intergovernmental Cooperative Purchasing Agreement, April 9, 2009
• Opinion No. 09-56, Applicability of Tennessee’s Scrap Jewelry and Metal Dealers Act of 1980, April 15, 2009
• Opinion No. 09-57, Sales Tax Exemption for Trailers Used in Agriculture, April 16, 2009
• Opinion No. 09-58, Testimony of a Forensic Interviewer, April 16, 2009
• Opinion No. 09-59, Sale/Lease of State Property to Religious Group without Advertisement, April 16, 2009
• Opinion No. 09-60, Provision by Counties of Cars and Car Allowances to Salaried County Officials, April 20, 2009
• Opinion No. 09-61, Distribution of Recently Expired Prescription Drugs, April 20, 2009
• Opinion No. 09-62, Conflicts Between Senate Bill SB1931/HB1517 and State and Federal Petroleum Practices Laws, April 21, 2009
• Opinion No. 09-63, Sale of Alcoholic Beverages for On-premises Consumption and Tenn. Code Ann. §57-3-205, April 21, 2009
• Opinion No. 09-64, Effect of SB 1331/HB 1204 Regarding Water Quality Criteria for Selenium, April 22, 2009
• Opinion No. 09-65, The City Paper, if Revised, as a Newspaper of General Circulation, April 23, 2009
• Opinion No. 09-66, Constitutionality of “Equal and Fair Parenting Act”, April 24, 2009
• Opinion No. 09-67, Admissibility of Videotaped Statements in Child Sexual Abuse Prosecutions, April 28, 2009
• Opinion No. 09-68, Open Meetings Act, May 1, 2009
• Opinion No. 09-69, Constitutionality of HB 1120, May 4, 2009
• Opinion No. 09-70, Permissive Authority of Commissioner of Education to Withhold State Education Finance Funds, May 4, 2009
• Opinion No. 09-71, Subpoena for Records Relevant to Investigating the Offense of Sexual Exploitation of a Minor, May 5, 2009
• Opinion No. 09-72, Prohibition Against Regulatory Inspectors Notifying Law Enforcement of Criminal Activity, May 6, 2009
• Opinion No. 09-73, Constitutionality of House Bill 2099, May 6, 2009
• Opinion No. 09-74, Constitutionality of Retention Election for Governor and State Legislators, May 7, 2009
• Opinion No. 09-75, Secondary employment of commissioned members of the Department of Safety, May 12, 2009
• Opinion No. 09-76, Legality of Senate Bill 631 and Antidegradation Water Quality Standards, May 12, 2009
• Opinion No. 09-77, Constitutionality of Legislation Permitting a County to Create a Unified Family Court, May 12, 2009
• Opinion No. 09-78, Constitutionality of Tenn. Code Ann. § 36-6-101(a)(2)(A)(i), May 12, 2009
• Opinion No. 09-79, Distribution of Local Option Sales Tax, May 12, 2009
• Opinion No. 09-80, Termination of Nonconforming Motor Vehicle Business Establishment, May 12, 2009
• Opinion No. 09-81, Authority to Employ and Terminate a Judicial Commissioner, May 13, 2009
• Opinion No. 09-82, Establishment of New Specialty Earmarked License Plate Recognizing Religious Entity, May 13, 2009
• Opinion No. 09-83, Preemption of House Bill 1762 and Senate Bill 2089, May 13, 2009
• Opinion No. 09-84, Report to US Dept. Homeland Security of Jail Arrestee’s Citizenship Status, May 13, 2009
• Opinion No. 09-85, Commissioner’s Authority Under SB 976 to Regulate On Duty Carrying of Firearms, May 14, 2009
• Opinion No. 09-86, Crediting Credit Card Payments under Senate Bill 2084/House Bill 2120, May 18, 2009
• Opinion No. 09-87, Allocation of Emergency Communications Fund; “SafeLink” Program, May 18, 2009
• Opinion No. 09-88, Constitutionality of “Exclusionary Rule Reform Act”, May 18, 2009
• Opinion No. 09-89, “Self-Help” Seizure of Intellectual Property, May 18, 2009
• Opinion No. 09-90, Appointment of Temporary Judges, May 18, 2009
• Opinion No. 09-91, Renewal of Insurance Producer Licenses, May 18, 2009
• Opinion No. 09-92, Effect of Expiration of State Election Commission, May 20, 2009
• Opinion No. 09-93, HB 1204 – State Selenium Water Quality Criteria and the Federal Clean Water Act, May 20, 2009
• Opinion No. 09-94, Charter of the City of Clarksville, May 21, 2009
• Opinion No. 09-95, Release of Minor’s Medical Records, May 22, 2009
• Opinion No. 09-96, Constitutionality of House Bill 1541 creating criminal offense of aggravated assault of transportation system employees, May 22, 2009
• Opinion No. 09-97, Applicability of constitutional protections against unreasonable search and seizure to foreign terrorists, May 22, 2009
• Opinion No. 09-98, Number of Licensed Beds in ICF/MR Facilities, May 22, 2009
• Opinion No. 09-99, Issuance of Handgun Carry Permit to Persons Committed or Hospitalized in a Mental Institution, May 22, 2009
• Opinion No. 09-100, Removal of Bail Bondsmen, May 26, 2009
• Opinion No. 09-101, Nexus Created by In-State Resident Referrals to Out-of-State Vendors, May 28, 2009
• Opinion No. 09-102, Constitutionality of SB1354/HB552 and SB1355/HB549 related to local funding of schools, May 28, 2009
• Opinion No. 09-103, Constitutionality of legislation prohibiting campaign contributions by constitutional officers, May 29, 2009
• Opinion No. 09-104, Proposed Amendment to County Charter Statutes, June 1, 2009
• Opinion No. 09-105, Pending Legislation Regarding Shelby County General Sessions Court, June 2, 2009
• Opinion No. 09-106, Information Required for the Renewal of a Handgun Carry Permit, June 3, 2009
• Opinion No. 09-107, Providing Fire and Other Services under an Interlocal Agreement, June 8, 2009
• Opinion No. 09-108, Effect of SB 2192/HB 2194 on Local Educational Funding in the event of consolidation of the City of Memphis and Shelby County, June 8, 2009
• Opinion No. 09-109, Conflict of Interest: Local Government Project Manager, June 8, 2009
• Opinion No. 09-110, Establishment of New Specialty Earmarked License Plate Recognizing Religious Charity, June 8, 2009
• Opinion No. 09-111, Conflict of Interest: UT-Martin Recruiting Expenses, June 8, 2009
• Opinion No. 09-112, “Fair Campaign Practices Act” (HB891/SB1060), June 10, 2009
• Opinion No. 09-113, Power of City to Charge for Utilities and Police Protection Provided for County Fairground, June 10, 2009
• Opinion No. 09-114, Constitutionality of Legislation Defining Certain Gang Activity as a Public Nuisance, June 10, 2009
• Opinion No. 09-115, Procedure for Local Approval of Landfills Under Tenn. Code Ann. § 68-211-703, June 11, 2009
• Opinion No. 09-116, HB2189: Constitutionality of Population Bracket Exemptions, June 11, 2009
• Opinion No. 09-117, Reducing Number of Members of County Commission, June 12, 2009
• Opinion No. 09-118, Validity of Local Ordinance Prohibiting Firearms in Establishment with Beer Permit, June 12, 2009
• Opinion No. 09-119, Regulation of Municipal Traffic Schools, June 12, 2009
• Opinion No. 09-120, Removal of Water and Wastewater Treatment Authority Commissioner, June 15, 2009
• Opinion No. 09-121, Privilege Tax on Whitewater Rafting on Ocoee and Hiwassee Rivers in Polk County, June 16, 2009
• Opinion No. 09-122, Constitutionality of Section 2 of Amendment No. 1 to SB 2133 Limiting Applicability to School District Population, June 17, 2009
• Opinion No. 09-123, Solemnization of Marriages by Former Municipal Mayor, June 29, 2009
• Opinion No. 09-124, Payment of County Election Commission’s Fees and Expenses, June 29, 2009
• Opinion No. 09-125, County Commission Authority over Equipment and Personnel in Elected Officials’ Offices, July 15, 2009
• Opinion No. 09-126, Authority of Development District to Issue Revenue Bonds, July 22, 2009
• Opinion No. 09-127, Warren County’s Authority to Provide for Variances from Requirements in Private Act, July 22, 2009
• Opinion No. 09-128, Donation of Real Property by Emergency Communications District, July 22, 2009
• Opinion No. 09-129, Firearms in Public Parks That Have Athletic Fields That are Also Used by Schools, July 24, 2009
• Opinion No. 09-130, Limitation of Wholesale Licenses by Ordinance, July 24, 2009
• Opinion No. 09-131, Scope of Federal Power to Tax and Regulate Products Made, Sold, and Used Only in Tennessee, July 24, 2009
• Opinion No. 09-132, Adjusting Wildlife Resources License and Permit Fees, July 28, 2009
• Opinion No. 09-133, Appointment of Judges, July 28, 2009
• Opinion No. 09-134, Legality of a Guest Workers Program, July 28, 2009
• Opinion No. 09-135, Scanning Motor Vehicle License Plates to Determine Financial Responsibility Compliance, July 28, 2009
• Opinion No. 09-136, Statute of Limitations Applicable to Challenges to Zoning Changes, July 28, 2009
• Opinion No. 09-137, The Rutherford Reader, as Revised, as a Newspaper of General Circulation, July 29, 2009
• Opinion No. 09-138, The Monroe County Buzz as a Newspaper of General Circulation, July 29, 2009
• Opinion No. 09-139, Effective Date of 2009 Tennessee Public Acts, Chapter 585, July 30, 2009
• Opinion No. 09-140, County Emergency Agency Establishing Secondary Emergency Operating Center, July 31, 2009
• Opinion No. 09-141, Constitutionality of 2009 Tenn. Pub. Acts, ch. 442 relating to transfer of visitation rights, July 31, 2009
• Opinion No. 09-142, A Registered Sex Offender's Attendance at School Events Open to the Public, July 31, 2009
• Opinion No. 09-143, Preemption of Tenn. Code. Ann. § 66-34-103(a) by the National Housing Act, July 31, 2009
• Opinion No. 09-144, Teacher Tenure Requirements Under Tenn. Code Ann. § 49-5-504 (Supp. 2008), July 31, 2009
• Opinion No. 09-145, The Millington Star as a Newspaper of General Circulation, July 31, 2009
• Opinion No. 09-146, Deposits by the Clerk and Master, August 3, 2009
• Opinion No. 09-147, Applicability of City of Smyrna’s Storm Water User Fees to Agricultural Land, August 4, 2009
• Opinion No. 09-148, Board's Authority to Impose Fee Upon Application to Transfer Probation/Parole Supervision, August 4, 2009
• Opinion No. 09-149, Juvenile Court Jurisdiction, August 4, 2009
• Opinion No. 09-150, TRICOR Service Industry Partnerships with the Private Sector, August 6, 2009
• Opinion No. 09-151, Authority of Shelby County Judicial Commissioners to Hear Orders of Protection, August 19, 2009
• Opinion No. 09-152, Authority of Counties and Municipalities to Prohibit Firearms in Parks Which They Own, September 8, 2009
• Opinion No. 09-153, Accident Service Fees Charged by Fire Departments, September 8, 2009
• Opinion No. 09-154, Revenues earmarked under Tenn. Code Ann. § 56-4-205(c), September 10, 2009
• Opinion No. 09-155, Calculation of interest and fees under Tennessee Title Pledge Act, September 15, 2009
• Opinion No. 09-156, Filing Petitions and Orders as Personal Representative of Estate as Practice of Law, September 15, 2009
• Opinion No. 09-157, Recovery of Payments to Health Care Providers, September 16, 2009
• Opinion No. 09-158, Authorization of County and Municipal Governments to Prohibit Handguns in Parks They Own, September 22, 2009
• Opinion No. 09-159, Charter Schools, September 24, 2009
• Opinion No. 09-160, Carrying of Firearms in Parks Being Used by Schools, September 28, 2009
• Opinion No. 09-161, Duty of Train Operator to Blow Whistle Before Crossing Private Drive, September 30, 2009
• Opinion No. 09-162, State Board of Equalization’s Authority to Review Actions of Local Assessors, October 1, 2009
• Opinion No. 09-163, Deposits of Securities by Insurance Companies in Clearing Corporations, October 2, 2009
• Opinion No. 09-164, Requirement for a Driver’s License While Driving an Off-Highway Vehicle on the Highway, October 14, 2009
• Opinion No. 09-165, Condemnation of Easement by Private Corporation for Pipeline, October 15, 2009
• Opinion No. 09-166, County School Systems State Mandated “Step Raise”, October 15, 2009
• Opinion No. 09-167, Deputy Sheriff Running For Sheriff, October 16, 2009
• Opinion No. 09-168, Pardoned Felony Drug Offender Prohibited from Possessing or Purchasing Firearms, October 20, 2009
• Opinion No. 09-169, Prohibiting Handguns in Jointly Operated Public Parks, October 20, 2009
• Opinion No. 09-170, Firearms, Vehicle Towing, Guests, and Security Deposits on Leased Property, October 26, 2009
• Opinion No. 09-171, Valuation of Farm Property, October 27, 2009
• Opinion No. 09-172, Composition of Assessment Appeals Commission, October 29, 2009
• Opinion No. 09-173, Workers’ Compensation Insurance Coverage for Sole Proprietors in the Construction Industry, October 30, 2009
• Opinion No. 09-174, Legislative Authority Concerning Judicial Elections and Appointments, November 2, 2009
• Opinion No. 09-175, County Commissioner Employed by the County, November 6, 2009
• Opinion No. 09-176, Use of Birth Name Not Required in Running for Office, November 12, 2009
• Opinion No. 09-177, Licensed Auctioneer Holding a License as an Alcoholic Beverage Collector, November 13, 2009
• Opinion No. 09-178, County Election Commission Vacancy, November 13, 2009
• Opinion No. 09-179, Municipality Required to “Opt-Out” of Handguns in Parks Despite Prior Handgun Prohibition, November 19, 2009
• Opinion No. 09-180, Use of Sales and Use Tax Revenue to Pay the Cost of Qualified Public Use Facilities, November 24, 2009
• Opinion No. 09-181, Procurement Process Required For Municipal Boards of Education, November 24, 2009
• Opinion No. 09-182, Exemption To Metropolitan Nashville-Davidson County’s Graduated Storm Water User Fees, November 30, 2009
• Opinion No. 09-183, Legislature’s Authority to Appoint Judges, December 8, 2009
• Opinion No. 09-184, Constitutionality of Mandatory Workers’ Compensation Insurance Coverage, December 8, 2009
• Opinion No. 09-185, Tamper-Resistant Prescription Paper, December 8, 2009
• Opinion No. 09-186, Collections by Juvenile and General Sessions Courts; Conflicts of Interest, December 14, 2009
• Opinion No. 09-187, Garagekeeper’s or towing firm’s lien under Tenn. Code Ann. § 66-19-103, December 14, 2009
• Opinion No. 09-188, Requirements of Tenn. Code Ann. § 62-2-102(b) for Non-Registrants, December 16, 2009
• Opinion No. 09-189, Application of Tenn. Code Ann. § 39-14-121 to instances involving the acquisition of services, December 23, 2009
• Opinion No. 09-190, Authority of District Attorneys General to Appoint Volunteer Investigators and Utilize Experts, December 23, 2009