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2003 Opinions


03-001 January 2, 2003 County Legislative Body - Voting Requirement to Transact Business
03-002 January 13, 2003 Constitutionality of 2002 Amendments to Professional Privilege Tax
03-003 January 13, 2003 Practical Training for Funeral Director License Applicants
03-004 January 17, 2003 Ordinance Prohibiting Sale of Lottery Tickets
03-005 January 17, 2003 Voting Membership of Four Lake Regional Industrial Development Authority
03-006 January 22, 2003 County’s Authority to Impose Litigation Tax to Fund Public Building Project
03-007 January 22, 2003 Charitable Lotteries
03-008 January 23, 2003 Voluntary Capital Contribution For Construction of Public School; Statutory Proration Requirements
03-009 January 24, 2003 Scope of Public Defenders' Duty to Represent Defendants during "Drug Court" Appearances
03-010 January 24, 2003 Board of Medical Examiners Rules / 2002 Public Chapter 742
03-011 January 24, 2003 Constitutionality of classification of political promotion calls as telemarketing/telephone solicitation
03-012 January 29, 2003 Passage of the Lottery Amendment
03-013 January 30, 2003 Exempting Human Resource Agencies from Conflict of Interest Provision in Child Care Broker Services Grant Application
03-014 February 5, 2003 Charitable Lotteries: “For the Benefit of a 501(c)(3) Organization”
03-015 February 10, 2003 Net Proceeds of the State Lottery
03-016 February 11, 2003 Regulation of Mortgage Lending by Local Governments
03-017 February 19, 2003 Powers of Utility District
03-018 February 19, 2003 Licensed Security Officers and Citizen Arrests
03-019 February 19, 2003 Subjecting Tax Increases to Public Referendum in Home Rule Municipalities
03-020 February 24, 2003 Joint Development of Industrial Park by Contiguous Counties
03-021 February 24, 2003 Interpretation of Tenn. Code Ann. §§ 63-8-101, et seq.
03-022 February 25, 2003 Licensure Requirements and Powers of Private Security Officers Who Work for a Security Company Contracting With Federal, State or Local Governments
03-023 February 25, 2003 Extraterritorial Zoning Extraterritorial Zoning by Memphis and Shelby County under Growth Law
03-024 March 3, 2003 Blount County Ordinance
03-025 March 5, 2003 Annual Event for Several 501(c)(3) Organizations
03-026 March 5, 2003 Charitable Lotteries:  "Annual Event"
03-027 March 14, 2003 School Fees; “Debt” for the Purposes of Tenn. Code Ann. § 49-1-302 (a)(14)
03-028 March 14, 2003 Allocation of fine and court cost payments in criminal cases to the Drug Court Fund
03-029 March 17, 2003 Public Non-Profit Human Resource Agency’s operation of rural van system; Tenn. Code Ann. §§ 7-56-101, et seq.
03-030 March 25, 2003 State Lottery — Application of discrimination law to lottery scholarship program
03-031 March 25, 2003 College and University Security Information Act - Criminal Sanctions
03-032 March 25, 2003 Action by the Four Lake Regional Industrial Development Authority
03-033 April 1, 2003 Senate Bill 1332/House Bill 977 - Governmental Tort Liability Act - Constitutionality
03-034 April 1, 2003 Conflicts of Interest: Claims Commissioner and State Senator Leasing Property to State for Use as Claims Commissioner’s Office
03-035 April 1, 2003 Authority of TRICOR (Tennessee Rehabilitative Initiative in Correction) under Tenn. Code Ann. § 41-22-407(d) to establish recruiting, hiring, and salary policies
03-036 April 2, 2003 Allocation of Net Proceeds of Lottery Revenues
03-037 April 2, 2003 Abolishing the Memphis City School Board
03-038 April 2, 2003 Memphis City School Board
03-039 April 3, 2003 Railroad Grade Crossings: Obedience to Signal Indicating Approach of Train
03-040 April 7, 2003 Taxation of Lottery Winnings
03-041 April 11, 2003 “Legislative Education Initiative Fund” for Unclaimed Lottery Prize Funds
03-042 April 14, 2003 Public Records - Tennessee School Board Association
03-043 April 15, 2003 Authority of general sessions and municipal judges to administer oaths of office to county officials
03-044 April 15, 2003 Not-for-profit Foundations Benefitting Public Higher Education Institutions
03-045 April 16, 2003 Constitutionality of Imposing the Tennessee Sales Tax on Newspaper Sales
03-046 April 16, 2003 Public Charter Schools - Sponsors
03-047 April 22, 2003 Mandatory Testing to Determine Blood Alcohol Level
03-048 April 22, 2003 Liability of Driver to Passengers Not Wearing Safety Belts
03-049 April 22, 2003 Reverse Raffle and Auction as Lottery
03-050 April 22, 2003 Bail Bond Secured by Real Estate
03-051 April 23, 2003 Powers of the Watauga River Regional Water Authority
03-052 April 24, 2003 Constitutionality of HB 652
03-053 April 30, 2003 Prohibiting an Attorney from Appearing in Court
03-054 April 30, 2003 Constitutionality of proposed legislation granting judges the authority to order a cash deposit bond in certain cases
03-055 April 30, 2003 Limitations on Contributions by Major Lottery Contractors
03-056 May 1, 2003 Constitutionality of Act Restricting the Sale or Trafficking of Pornographic, X-rated Materials
03-057 May 1, 2003 Removal of Recorded Deed
03-058 May 5, 2003 Permissible Games under Lottery Amendment
03-059 May 6, 2003 Juvenile Court Discretion to Permit Minors to Buy Tobacco Products in Sting Operations
03-060 May 6, 2003 County Buildings Located Outside City Limits of County Seat Town
03-061 May 7, 2003 Enforcement of Municipal Ordinance in State Court
03-062 May 14, 2003 Imposition of Hotel-Motel Tax by Home Rule City Located in County Levying Such a Tax by Private Act
03-063 May 14, 2003 Application of Open Meetings Act to Economic Development Board
03-064 May 14, 2003 Tenure of County Financial Management Committee
03-065 May 20, 2003 Lottery Scholarships; Home Schooled Students
03-066 May 22, 2003 State lottery — use of unclaimed prize money and proceeds of privilege tax
03-067 May 23, 2003 Preemption of House Bill 275 by Americans with Disabilities Act
03-068 May 27, 2003 Valuation of Property that Generates Electricity Using Wind
03-069 May 27, 2003 Taxation of Boat Dock Rentals by a Local Government
03-070 May 27, 2003 State Board of Equalization Procedures
03-071 May 27, 2003 Criminal Contempt as a Conviction under Tenn. Code Ann. § 38-8-106(4)
03-072 June 10, 2003 Cost of Medical Services Incurred in Jail as Condition of Probation
03-073 June 10, 2003 Ambulance Service - Tenn. Code Ann.§ 7-61-104
03-074 June 16, 2003 "John Doe" Right to Jury Trial; Waiver
03-075 June 18, 2003 Inmate Labor Benefitting Private Party
03-076 June 20, 2003 West Tennessee Examiner as a “newspaper” and/or “newspaper of general circulation”
03-077 June 20, 2003 Use of Compensatory Time to Attend Meeting
03-078 June 20, 2003 Process Servers Appointed Under Tenn. Code Ann. § 8-8-108(b) and (c)
03-079 June 20, 2003 Per Diem for Fire Fighting Personnel Board Members
03-080 June 20, 2003 Apportioning TVA Revenue Funds between County and Special School Districts
03-081 June 24, 2003 Applicability of the Professional Privilege Tax to Judges and Payment of the Tax by the Judicial Branch
03-082 June 25, 2003 Providing the Telephone Numbers Contained in the Tennessee Do-Not-Call Register to the Federal Trade Commission
03-083 July 2, 2003 Charter Schools: Student Eligibility to Enroll; Employee Insurance
03-084 July 2, 2003 Documentation of Auto Insurance Coverage for Tenn. Code Ann. § 55-12-139
03-085 July 9, 2003 Definition of “Course of Employment” for Purposes of Eligibility of National Guard Members for Benefits Under Tenn. Code Ann. § 58-1-230
03-086 July 10, 2003 Election for Smyrna City Court Clerk under 2000 Charter
03-087 July 10, 2003 Medical treatment of certain prisoners in county facilities
03-088 July 15, 2003 Private Roads
03-089 July 15, 2003 Paying Off Campaign Debt
03-090 July 24, 2003 Student Eligibility for Enrollment in Type I Charter School
03-091 July 24, 2003 Application of Open Meetings Act to Economic Development Board
03-092 July 28, 2003 Abolition of Office of Constable in DeKalb County
03-093 July 28, 2003 Tort Liability of Emergency Medical Technicians and Paramedics
03-094 July 30, 2003 Tax-exempt fuel provided by metropolitan airport authority to independent contractor operating local transit service
03-095 July 30, 2003 Consideration of prior foreign convictions (set aside) for qualification of police officers
03-096 August 13, 2003 2003 Tenn. Pub. Acts, Ch. 90 - Office Title - County Mayor 2003 Tenn. Pub. Acts, Ch. 90 - Office Title - County Mayor
03-097 August 13, 2003 Applicability of Private Investigators’ Licensure Requirements to Attorneys Licensed in Other States
03-098 August 13, 2003 Brian A. Settlement Agreement Level 1 Waiver Provisions
03-099 August 13, 2003 Authority of the State Capitol Commission
03-100 August 19, 2003 Constitutionality of 2003 Amendments to Professional Privilege Tax
03-101 August 19, 2003 Authority of Tennessee Corrections Institute to Waive Compliance with Minimum Jail Standards
03-102 August 19, 2003 Memphis City School System - Consolidation or Unification of Special School Districts
03-103 August 19, 2003 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)
03-104 August 19, 2003 Privilege Tax - Applicability of Child Abuse and Neglect Statutes
03-105 August 21, 2003 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
03-106 August 22, 2003 Jailers' Fees for Misdemeanants
03-107 August 27, 2003 The Authority of the Commissioner of Education and of a Local Education Agency To Grant Waivers Under the Tennessee Public Charter Schools Act
03-108 September 8, 2003 Preliminary Examinations
03-109 September 8, 2003 Election of Chattanooga City Judge
03-110 September 8, 2003 Residence of Judicial Commissioner
03-111 September 8, 2003 Eligibility of County Legislator to Run for Assessor of Property
03-112 September 9, 2003 Multicandidate Political Campaign Committees
03-113 September 9, 2003 Application of Tennessee Code Annotated § 49-2-201 as amended by Chapter 404 of the Public Acts of 1995, regarding the election of municipal boards of education
03-114 September 10, 2003 County’s Imposition of “Workplace Privilege Tax” on Non-County Residents
03-115 September 10, 2003 TOSHA’s Jurisdiction Under Tenn. Code Ann. § 50-3-409 in Discrimination Complaints Brought by an Employee of a State Department or Agency
03-116 September 15, 2003 School Fees: Rental Fee for Locker
03-117 September 15, 2003 Constitutionality of Tenn. Code Ann. § 36-4-106(d) — Statutory Injunctions in Divorce Cases
03-118 September 23, 2003 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
03-119 September 24, 2003 Chief Executive Officer under Tenn. Code. Ann. § 7-52-107
03-120 September 24, 2003 Sale of County Hospital Assets
03-121 September 24, 2003 Abolition of Office of Constable in Johnson, Sullivan, McNairy, Stewart, and Lauderdale Counties
03-122 September 25, 2003 Effect of 2003 Tenn. Pub. Acts Ch. 226: Functions of Juvenile Court Clerk
03-123 September 25, 2003 Amendment to In Lieu of Tax Payments Statute
03-124 September 26, 2003 Sheriffs Accessing E-911 Database to Aid in Serving Warrants
03-125 September 29, 2003 Sentence Credits for Workhouse Inmates Working for Private Employers
03-126 September 29, 2003 Constitutionality of Tenn. Code Ann. § 55-50-321 (c)(1)(B)
03-127 September 29, 2003 Violation of Lifetime Supervision Sentence
03-128 September 29, 2003 Use of Fines under Tenn. Code Ann. § 55-10-452
03-129 October 3, 2003 Pledge of Allegiance in Public Schools: Constitutionality of Tenn. Code Ann. § 49-6-1001
03-130 October 3, 2003 Charter school eligibility for students assigned to a new school without a value added assessment; effect of charter school rejection on optional school eligibility
03-131 October 3, 2003 Rhea Medical Center
03-132 October 8, 2003 Effect of the Private Protective Services Licensing and Regulatory Act on employment of private security guards on public property
03-133 October 8, 2003 Forfeiture of Vehicles for Misdemeanor Possession of Narcotics
03-134 October 8, 2003 Constitutionality of Chapter No. 370, 2003 Public Acts, Removing for Certain Counties the Prohibition Against Duplicate Hotel-Motel Taxes
03-135 October 13, 2003 Unlicensed Sale and Distribution of Prescription Veterinary Drugs
03-136 October 13, 2003 Bailiff or Court Officer Serving as Judicial Commissioner
03-137 October 13, 2003 District Attorney's Use of Signature Stamp
03-138 October 15, 2003 Compensation and Salaries of City Commissioners
03-139 October 27, 2003 Effect of 2003 Public Acts 105 on Access to Confidential Student Records Maintained by Institutions of Higher Education
03-140 November 7, 2003 Salary Increases for Local Legislative Bodies and Boards
03-141 November 7, 2003 Alternative Misdemeanor Jail Facilities
03-142 November 7, 2003 County Building Inspectors: Residential Rental Property
03-143 November 7, 2003 Probate Court Clerk in Unicoi County
03-144 November 7, 2003 Claiborne County Utility District
03-145 November 17, 2003 Reissuance of Service of Process
03-146 November 17, 2003 Cities’ authority to add benefits to the State prevailing wage rates in connection with contracts entered into by that city
03-147 November 17, 2003 Industrial Development Corporations - Authority to Establish Incentive Loan Program
03-148 November 17, 2003 Authority of State Licensed Security Officers
03-149 November 17, 2003 Authority of State Certified Security Officers
03-150 November 17, 2003 Salary Raise for Hamilton County Judicial Commissioners
03-151 November 25, 2003 Defendant’s obligation to pay appellate costs when his criminal conviction is subsequently reversed pursuant to a writ of error coram nobis
03-152 November 25, 2003 Officer’s authority to stop an individual who he knows is driving on a revoked or suspended license
03-153 December 1, 2003 Effect of criminal summons statute on private citizen arrests
03-154 December 1, 2003 Amending Growth Plan
03-155 December 1, 2003 Judicial Commissioner Practicing Law in Criminal Court
03-156 December 1, 2003 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
03-157 December 1, 2003 Off-Label Drug Use Statute
03-158 December 8, 2003 Annexation of Parcels along Highway
03-159 December 8, 2003 Lottery Scholarship Qualifying Criteria
03-160 December 8, 2003 Powers of a Joint Board of Control jointly operating one or more schools
03-161 December 10, 2003 Rule-making authority of the Tennessee Title VI Compliance Commission
03-162 December 12, 2003 Interpretation of Tenn. Code Ann. § 54-5-804
03-163 December 23, 2003 Issuance of Emergency License Plates to Trauma Physicians
03-164 December 23, 2003 Jurisdiction of Drug Courts Created Pursuant to Tenn. Code Ann. § 16-22-101
03-165 December 23, 2003 Constitutional Right to Keep and Bear Arms
03-166 December 23, 2003 Good-Time Credits

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