2005 Opinions

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