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1991 Tennessee Attorney General Reports and Opinions 1 (1991)

handle is hein.sag/sagtn0110 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 April 1991 91-31 CONFLICT OF INTEREST: County Officials: A construction contract between a County Commissioner and the County Board of Education would violate Tennessee's conflict of interest law, T.C.A. 512-4-101; a County Commissioner cannot enter into such a contract. T.C.A. §5-9-401, §12-4-101, §49-2-101; 1978 Tenn. Pub. Acts 934, 1986 Tenn. Pub. Acts 765, 1989 Tenn. Pub. Acts 366; Ops. Tenn. Atty. Gen. 83-336 (October 5, 1983), u84-001 (January 4, 1984), 85-289 (December 5, 1985), u86-02 (January 14, 1986), 88-37 iFebruary 23, 1988). 91-33 CONSTITUTIONAL LAW, TENNESSEE: Lotteries: Proposed legislation which would establish a commission to license and regulate electronic or mechanical gambling machines does not ensure that receipt of the prize from playing the video gaming machine is based predominantly on skill and not predominantly on chance; accordingly, a Tennessee court would likely find this act, as presently proposed, to be invalid to the extent it allows the commission to authorize some types of machines in which the awarding of the prize is not predominantly based on skill; these devices would likely constitute lotteries in violation of the anti-lottery provision in Article XI, §5 of the Tennessee Constitution. Tenn. Const. Art. XI, §5; T.C.A. §4-38-104; Op. Tenn. Atty. Gen. 90-08 (January 22, 1990). 91-32 CONSTITUTIONAL LAW, TENNESSEE: Special Law/Local Law: A county, through private act of the Legislature, may impose a privilege tax on the disposal of solid waste at landfills. Tenn. Const. Art. II, §8, Art. II, S28, Art. XI, §9.

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