2006 Opinions
- Opinion No. 06-001, Arrest Warrants - Applicability of Tenn. Code Ann. §40-6-206 to Felony Cases, January 3, 2006
- Opinion No. 06-002, Disclosure Requirements under Ethics Act, January 4, 2006
- Opinion No. 06-003, Effect of Public Chapter No. 175 of the Acts of 2003 on the Expungement of Records in MultiCount Criminal Indictments, January 5, 2006
- Opinion No. 06-004, Status of a Caucus Under Title VI, State and Federal Tax Law, and State Laws Governing Non-profit Corporations, January 6, 2006
- Opinion No. 06-005, Filling of Vacancy in Senate if Election is Declared Void, January 9, 2006
- Opinion No. 06-006, Sequential Instructions for Jury Consideration of Lesser-Included Offenses, January 9, 2006
- Opinion No. 06-007, Tenn Code Ann. § 13-7-208 Protection of Nonconforming Billboard Sites, January 10, 2006
- Opinion No. 06-008, Availability of Diversion After Entry of Judgment and Service of Sentence, January 10, 2006
- Opinion No. 06-009, Removing Administrative Law Practice Exemption from Ethics Act, January 12, 2006
- Opinion No. 06-010, Penalties for Panhandling in Violation of City Ordinance, January 13, 2006
- Opinion No. 06-011, Courts in Gibson County, January 13, 2006
- Opinion No. 06-012, The Juvenile Court’s Authority to Order a Safety Plan, January 17, 2006
- Opinion No. 06-013, Application of Tenn. Code Ann. § 3-6-114 to Non-Registered Lobbyists, January 19, 2006
- Opinion No. 06-014, Residential Closing Funds Distribution Act of 2005, January 19, 2006
- Opinion No. 06-015, Procedure for Expungement of Divorce Records, January 19, 2006
- Opinion No. 06-016, Validity of 1937 Private Act Regarding Marion County Teachers’ Tenure, January 20, 2006
- Opinion No. 06-017, Lifetime Ban on Legislative Lobbying, January 24, 2006
- Opinion No. 06-018, Court Clerks in Gibson County, January 26, 2006
- Opinion 06-019, Purchase of Prescription Drugs from Foreign Countries, January 27, 2006
- Opinion No. 06-020 (Revised), Liability of Audiology Practitioners for Payment of Business Tax and Sales and Use Tax, March 28, 2006
- Opinion No. 06-021, Constitutionality of Amendment 93 to SB 7001, January 30, 2006
- Opinion No. 06-022, Emergency 911 Employment of Aliens, January 31, 2006
- Opinion No. 06-023, Limits on Campaign Expenditures, February 1, 2006
- Opinion No. 06-024, Aggregate Contribution Limits and Disclosure Requirements under Proposed Ethics Bill, February 6, 2006
- Opinion No. 06-025, Lobbyist Campaign Donations, February 6, 2006
- Opinion No. 06-026, Inability of the State to Require Notaries Public to be U.S. Citizens, February 7, 2006
- Opinion No. 06-027, Tullahoma Airport Authority Commissioners, February 8, 2006
- Opinion No. 06-028, Applicability of Public Records Act to Utility District Records, February 8, 2006
- Opinion No. 06-029, Withdrawn, February 8, 2006
- Opinion No. 06-030, Authority of City Utility System to Repair Privately Owned Lines, February 13, 2006
- Opinion No. 06-031, Building Permits in Union County, February 14, 2006
- Opinion No. 06-032, Private Act Authorizing City of LaFollette to Assess Cleanup Costs Against Real Property Owners, February 14, 2006
- Opinion No. 06-033, Legality of Amendment to Mineral Severance Tax, February 14, 2006
- Opinion No. 06-034, Liability of TRICOR Board Members, February 14, 2006
- Opinion No. 06-035, Retroactive Application of New DUI Punishment, February 14, 2006
- Opinion No. 06-036, Membership of Fiscal Review Committee, February 21, 2006
- Opinion No. 06-037, Applicability of the Blind Vendors Program, Tenn. Code Ann. §§ 71-4-501, et seq., to fire stations, February 21, 2006
- Opinion No. 06-038, Constitutionality of Legislation Placing General Assembly Under Open Meetings Act, February 22, 2006
- Opinion No. 06-039, Governmental Entity’s Authority to Outsource Non-Delinquent Revenue Administration, February 23, 2006
- Opinion No. 06-040, Constitutionality of House Bill 1282, February 24, 2006
- Opinion No. 06-041, Meetings of Joint Legislative Committees, February 27, 2006
- Opinion No. 06-042, Municipal Ordinance Prohibiting Political Campaign Signs in Public Right-of-Way, February 27, 2006
- Opinion No. 06-043, Constitutionality of Bills Prohibiting Picketing, Protesting, or Demonstrating at Funerals, February 28, 2006
- Opinion No. 06-044, Authority to Appoint Temporary Replacement for Suspended General Sessions Judge, March 9, 2006
- Opinion No. 06-045, Eligibility of a Person Convicted of Certain Crimes to Serve as a Police Officer or Sheriff Where That Person’s Citizenship Rights Have Been Restored Pursuant to Court Order, March 10, 2006
- Opinion No. 06-046, Legality of Leasing Equipment for and Conducting Poker Tournaments, March 10, 2006
- Opinion No. 06-047, Constitutionality of Provision in Chapter 1 of the Public Acts of 2006, Reserving Seats on the Ethics Commission For African-American and Female Members, March 13, 2006
- Opinion No. 06-048, The Residential Closing Funds Distribution Act, 2005 Tennessee Public Acts, Chapter 2731, March 15, 2006
- Opinion No. 06-049, General Sessions Judge Running for Office of District Attorney General, March 16, 2006
- Opinion No. 06-050, Use of Flashing Blue Lights, March 16, 2006
- Opinion No. 06-051, Public Access to Schools by Professional Teachers’ Associations, March 20, 2006
- Opinion No. 06-052, Suspension or Refusal to Issue Certificates for Driving, March 21, 2006
- Opinion No. 06-053, Regulation of Internet Drop-off Stores by the Tennessee Auctioneer Commission, March 27, 2006
- Opinion No. 06-054, Authority to Rename Public Roads, March 28, 2006
- Opinion No. 06-055, Residency Requirements for City Officials, March 28, 2006
- Opinion No. 06-056, Service on Tennessee Ethics Commission, March 28, 2006
- Opinion No. 06-057, Legality of Provisions of H.B. 2501 Permitting Distribution of Expired Legend or Prescription Drugs Through Non-Profit Organizations, March 28, 2006
- Opinion No. 06-058, Constitutionality of HB 2842, April 3, 2006
- Opinion No. 06-059, County Assessor’s and Board of Equalization’s Powers to Compel Witnesses, April 3, 2006
- Opinion No. 06-060, Application of Open Meetings and Public Records Acts to City Audit Committee and Internal Auditor, April 5, 2006
- Opinion No. 06-061, Investigatory Duties Under Tenn. Code Ann. § 49-7-129, April 5, 2006
- Opinion No. 06-062, Payment of Court Costs and Fines as a Condition of Parole, April 5, 2006
- Opinion No. 06-063, City Police Escort for Funeral Processions; Proposed Amendment to Tenn. Code Ann. § 55-8-183, April 7, 2006
- Opinion No. 06-064, Banning Lobbyist Contributions to Committee Controlled by House or Senate Caucus, April 7, 2006
- Opinion No. 06-065, Membership on Tennessee Ethics Commission, April 11, 2006
- Opinion No. 06-066, Whether the Tennessee Risk Management Trust is an LEA or “person” under the Education Truth in Reporting and Employee Protection Act of 1989, Tenn. Code Ann. §§ 49-50-1401 et. seq., April 11, 2006
- Opinion No. 06-067, Constitutionality of House Bill 2763 and Senate Bill 2763, April 12, 2006
- Opinion No. 06-068, Application of minimum time price differential, April 12, 2006
- Opinion No. 06-069, Records Custodian’s Duties Under Public Records Act, April 12, 2006
- Opinion No. 06-070, Constitutionality of Proposed Legislation Requiring a Person Arrested For a Violent Felony or Aggravated Burglary to Provide a Biological Specimen For DNA Analysis, April 17, 2006
- Opinion No. 06-071, Applicability of the Open Meetings Act to the Tennessee School Boards Association, April 17, 2006
- Opinion No. 06-072, Senate Bill 3813 Regarding Credit Cards, April 17, 2006
- Opinion No. 06-073, Immunity of Members of the General Assembly from the Criminal Offense of Perjury, April 21, 2006
- Opinion No. 06-074, Voiding of Election, April 21, 2006
- Opinion No. 06-075, Constitutionality of Passing On Cost of a Collection Agent, April 24, 2006
- Opinion No. 06-076, Funeral Procession Escort’s Duty, April 24, 2006
- Opinion No. 06-077, Robertson County Highway Department Employee Wages, April 25, 2006
- Opinion No. 06-078, Constitutionality of Campaign Event by State Legislator, April 27, 2006
- Opinion No. 06-079, Mediation and the Practice of Law, April 27, 2006
- Opinion No. 06-080, Casino Gambling on Land Held by Federally Recognized Indian Tribe Under Lease Agreement with the Tennessee Valley Authority, May 1, 2006
- Opinion No. 06-081, Interlocal Agreements under Tenn. Code Ann. §§ 12-9-101, et seq., May 1, 2006
- Opinion No. 06-082, Ability of Municipalities to Prevent Individuals Convicted of D.U.I. from Holding a Beer Permit or Being Employed at an Establishment That Has a Beer Permit, May 4, 2006
- Opinion No. 06-083, Validity of general pay raise for all school employees except contract school bus drivers that are paid partly as subcontractors and partly as school employees, May 5, 2006
- Opinion No. 06-084, Payment of Medical Expenses of Jail Prisoners on Medical Furlough or Bond, May 5, 2006
- Opinion No. 06-085, Dual Prosecutions for (1) Contempt for Violating an Order of Protection and (2) Violation of Tenn. Code Ann. § 36-3-612 for Knowingly Violating a Protective Order, May 9, 2006
- Opinion No. 06-086, Creation of Division of Juvenile Court, May 9, 2006
- Opinion No. 06-087, Private Act Creating Part III of Rutherford County General Sessions Court, May 11, 2006
- Opinion No. 06-088, Legislation Regarding Carter County Probate Clerk, May 15, 2006
- Opinion No. 06-089, Use of Funds Generated by Fayette County Adequate Facilities Tax, May 16, 2006
- Opinion No. 06-090, Contributions in Plea Agreements, May 16, 2006
- Opinion No. 06-091, Newspaper of General Circulation: Hamilton County Herald, May 16, 2006
- Opinion No. 06-092, Deputy Sheriffs Disqualified to Serve as Bondsmen in Any District or County, May 16, 2006
- Opinion No. 06-093, Political Campaigning by Sheriffs’ Employees, May 17, 2006
- Opinion No. 06-094, Warrantless Arrest on Ex Parte Orders of Protection, May 22, 2006
- Opinion No. 06-095, Constitutionality of SB 3256, May 22, 2006
- Opinion No. 06-096, Constitutionality of Senate Bill 2512 as Amended by House Amendments Nos. 1 and 3, May 22, 2006
- Opinion No. 06-097, Constitutionality of an elected Solicitor General, May 22, 2006
- Opinion No. 06-098, Constitutionality of Provision in Senate Bill 3296 Exempting Agricultural Land from Consideration as Blighted Area, May 26, 2006
- Opinion No. 06-099, Constitutionality of Governor’s Authority to Transfer Functions Between Departments, June 8, 2006
- Opinion No. 06-100, Adoption of Metropolitan Government, June 12, 2006
- Opinion No. 06-101, Application of Nepotism Act, June 14, 2006
- Opinion No. 06-102, Municipal Resident’s Eligibility for Enrollment in County School, June 21, 2006
- Opinion No. 06-103, Rental License Ordinance, June 21, 2006
- Opinion No. 06-104, Confidentiality of records from reserve audit of governmental pool, June 23, 2006
- Opinion 06-105, Open Meetings Act Application to a “task force committee”, June 26, 2006
- Opinion No. 06-106, Constitutionality of proposed legislation banning the distribution of sexual devices., July 5, 2006
- Opinion No. 06-107, Prohibition of law enforcement from videotaping or digitally recording a juvenile during an investigation of a delinquent act., July 5, 2006
- Opinion No. 06-108, Practice of Law; Preparation of Petitions for Orders of Protection, July 5, 2006
- Opinion No. 06-109, Handgun Permit Eligibility, July 5, 2006
- Opinion No. 06-110, Legality of Marriage Without Tennessee License, July 12, 2006
- Opinion No. 06-111, Use of Lottery Proceeds for Test Preparation Computer Modules, July 13, 2006
- Opinion No. 06-112, Metro Pawnshop Enforcement Program, July 13, 2006
- Opinion No. 06-113, City of Goodlettsville Referendum for Liquor by the Drink, July 19, 2006
- Opinion No. 06-114, Conflict of Interest in a Member of the Tennessee Commission on Fire Fighting Personnel Standards and Education also serving as an Instructor at the Tennessee Fire Service and Codes Academy, July 19, 2006
- Opinion No. 06-115, Term Limits on Gibson County Utility District Commissioners, July 25, 2006
- Opinion No. 06-116, Filling of Vacancy on Supreme Court, July 25, 2006
- Opinion No. 06-117, Responsibilities of Sex Offender Treatment Board, July 26, 2006
- Opinion No. 06-118, Allocation of Funds to School Board, July 27, 2006
- Opinion No. 06-119, Terms on Judicial Evaluation Commission, July 28, 2006
- Opinion No. 06-120, Conflict of Interest in the Director of the Tennessee Law Enforcement Training Academy Acting as Executive Secretary of the Tennessee Peace Officer Standards and Training Commission., August 1, 2006
- Opinion No. 06-121, Court Clerks’ Fees, August 1, 2006
- Opinion No. 06-122, Proration of Ad Valorem Taxes on Real Property at Time of Sale, August 1, 2006
- Opinion 06-123, Morristown City Court Judge Serving as Juvenile Court Referee, August 1, 2006
- Opinion No. 06-124, Home Rule Charter Amendments on Ballot, August 2, 2006
- Opinion No. 06-125, Tenn Code Ann. § 13-7-208 Protection of Nonconforming Billboard Sites, August 3, 2006
- Opinion No. 06-126, Interpretation of Tenn. Code Ann. § 50-6-204(a)(1) , August 4, 2006
- Opinion No. 06-127, Newspaper of General Circulation: The Commercial Appeal, August 4, 2006
- Opinion No. 06-128, Early Voting at Satellite Locations, August 15, 2006
- Opinion No. 06-129, Confidentiality of Pole Attachment Rate Information, August 15, 2006
- Opinion 06-130, Validity of Tennessee State Board of Education Rule 0520-1-604, requiring schools that serve grades 6, 7, or 8 and higher grade levels to meet certain nutritional standards, August 15, 2006
- Opinion No. 131, Constitutionality of Mandatory Deoxyribonucleic Acid (“DNA”) Testing for Paternal Identification in Child Support Cases, August 15, 2006
- Opinion No. 06-133, Matching Funds for Federal Grant, August 18, 2006
- Opinion No. 06-134, Monitoring of Sex Offenders at Probation and Parole Field Offices, August 21, 2006
- Opinion No. 06-135, Collection of Fines and Court Costs in General Sessions Criminal Cases, August 21, 2006
- Opinion No. 06-136, Veterans’ Employment Statutes, August 22, 2006
- Opinion No. 06-137, Application of Public Chapter 965, August 28, 2006
- Opinion No. 06-138, Retroactive Application of Public Chapter 965, September 8, 2006
- Opinion No. 06-139, County Board of Education’s Authority to Contract for Professional Services Where County has Adopted Financial Management Act of 1981., September 11, 2006
- Opinion 06-140, Vehicle Protection Product Act, September 18, 2006
- Opinion No. 06-141, Interpretation of the 2006 Amendments to Tenn. Code Ann. § 49-4-933(f), September 18, 2006
- Opinion No. 06-142, Use Permitted on Review Zoning Classification, September 19, 2006
- Opinion 06-143, Re-establishment of Tennessee Racing Commission, September 19, 2006
- Opinion No. 06-144, State Legislator Assuming Office, September 20, 2006
- Opinion No. 06-145, Applicability of Tennessee Marriage Amendment to Same Sex Civil Unions or Domestic Partnerships, September 26, 2006
- Opinion No. 06-146, Private College Security Guards and Proprietary Security Organizations, September 26, 2006
- Opinion No. 06-147, Municipal Court Clerks’ Commission on Litigation Taxes for Cases Heard Under Concurrent General Sessions Jurisdiction, September 27, 2006
- Opinion No. 06-148, Constitutionality of Felon Restoration Statute, September 29, 2006
- Opinion No. 06-149, Authority to Investigate Animal Abuse Cases, October 2, 2006
- Opinion No. 06-150, City’s Authority to Contract for Enforcement of Traffic Signals and Speed Limits, October 2, 2006
- Opinion No. 06-151, Compliance with Tenn. Code Ann. § 6-58-114, October 2, 2006
- Opinion 06-152, County Commissioner Assuming Another Elected Office, October 5, 2006
- Opinion No. 06-153, Vacancy in State Senate, October 5, 2006
- Opinion No. 06-154, Validity of Shelby County Ballot, October 5, 2006
- Opinion No. 06-155, Interpretation of Tenn. Code Ann. § 71-4-502(4), October 9, 2006
- Opinion No. 06-156, Inmate Funds Accounting/Blind Vendors, October 9, 2006
- Opinion No. 06-157, Regulating Crosses on Private Property, October 9, 2006
- Opinion No. 06-158, Chattanooga Times Free Press as “newspaper” and/or “newspaper of general circulation”, October 9, 2006
- Opinion No. 06-159, Conflicts of Interest: State and County Election Commissions, October 9, 2006
- Opinion No. 06-160, Utility District Selling Infrastructure, October 9, 2006
- Opinion No. 06-161, County regulation of dogs and cats, October 11, 1006
- Opinion No. 06-162, Additional compensation for clerk and master providing services for probate cases, October 12, 2006
- Opinion No. 06-163, Authority Of County To Hold Non-Binding Advisory Referendum, October 12, 2006
- Opinion No. 06-164, Medical Laboratory Personnel Rule, October 17, 2006
- Opinion No. 06-165, Tennessee Commission of Indian Affairs - Individual and Organizational Recognition Criteria, October 17, 2006
- Opinion No. 06-166, Knoxville Journal as “newspaper” and/or “newspaper of general circulation”, November 9, 2006
- Opinion No. 06-167, Arrest Based on Refusal to Sign Citation or Provide Identification Following a Violation of City Code or Ordinance, November 9, 2006
- Opinion No. 06-168, Reapportionment of South Carroll Special School District, November 13, 2006
- Opinion No. 06-169, Employees’ Entitlement to Unused Vacation Pay upon Termination of Employment Pursuant to Tenn. Code Ann. § 50-2-103(a)(3), November 13, 2006
- Opinion No. 06-170, Sale of Recreational Vehicles at Convention Center, November 20, 2006
- Opinion No. 06-171, Deadline for Registering to Vote, November 22, 2006
- Opinion No. 06-172, Authority to compel emergency evacuations, November 22, 2006
- Opinion No. 06-173, Consideration of Attempted Felony Conviction for Purpose of Police Officer Certification by Tennessee Peace Officer Standards and Training Commission., December 4, 2006
- Opinion No. 06-174, Woods Memorial Hospital District, December 7, 2006
- Opinion No. 06-175, The legality of serving alcoholic beverages during private engagements at the McMinnville Parks and Recreation Civic Center, December 8, 2006
- Opinion No. 06-176, Domestic nonprofit water cooperative merging with or transferring assets to municipality, December 19, 2006
- Opinion No. 06-177, State Tax Relief Program and Exemption from Storm Water User Fees, December 19, 2006