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1988 Tennessee Attorney General Reports and Opinions 1 (1988)

handle is hein.sag/sagtn0074 and id is 1 raw text is: OPINTONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by the Authority of Chapter 276 Public Acts of 1971 April 1988 88-94 ADVERTISING: The draft legislation to amend T.C.A.S47-18-104(b) appears to impose a permissible disclosure requirement on commercial speech. The comprehensive definition in the Tennessee Consumer Protection Act of person in T.C.A. §47-18-103(6) would include a finance company owned or otherwise controlled in whole or in part by a manufacturer or dealer of motor vehicles; an amendment to modify this definition to include parent manufacturers and finance companies subsidiaries would not pose any apparent constitutional problems. Legislation by the state to totally prohibit advertising the availability of financing at a specified annual percentage rate would pose significant commercial speech problems as this advertising is clearly not inherently misleading or deceptive. T.C.A. §§47-18-103, -104, -111, 55-13-101, et seq., -104. 88-84 ALCOHOL: By-the-drink: Referenda elections may be held in the following situations: (1)Statewide - Ratification of an amendment to the Tennessee Constitution; (2)County or municipality - Approval of a private act or home rule; and (3)County or municipality - Adoption of a local option law such as sales taxes, wheel taxes, or liquor-by-the-drink. A municipality can annex a territory by ordinance pursuant to statute without the necessity of a referendum in that territory. Tenn. Const. Art XI, §§3, 9; T.C.A. §5-8-102, 6-51-102, -104, -105, 49-2-101, 67-6-706; Ch. 734, 1981 Tenn. Pub. Acts., Ch. 734, 1986 Tenn. Pub. Acts. 88-84 ANNEXATION: Referenda elections may be held in the following situations: (1)Statewide - Ratification of an amendment to the Tennessee Constitution; (2)County or municipality - Approval of a private act or home rule; and (3)County or municipality - Adoption of a local option law such as sales taxes, wheel tai:es, or liquor-by-the-drink. A municipality can annex a territory by ordinance pursuant to statute without the necessity of a referendum in that territory. Tenn. Const. Art XI, §§3, 9; T.C.A. §55-8-102, 6-51-102, -104, -105, 49-2-101, 67-6-706; Ch. 734, 1981 Tenn. Pub. Acts., Ch. 734, 1986 Tenn. Pub. Acts.

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