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1991 Tennessee Attorney General Reports and Opinions 1 (1991)

handle is hein.sag/sagtn0114 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE
Published by Authority of Chapter 276
Public Acts of 1971
August, 1991
91-18    APPROPRIATIONS: Section 41, Item 16 of 1991 Public
Acts, Chapter 509 (Appropriations bill), which deals
with disbursements from the Second Injury Fund is
unconstitutional. The provisions of the general
appropriations bill may not alter the general law, and
attempts to do so are. invalid because they introduce a
second subject into the act in violation of the single
subject rule found in Article II, Section 17 of the
Tennessee Constitution. Tenn. Const. Article II, §
17; T.C.A. §9-6-108, S50-6-208; 1991 Pub. Acts Ch.
509; Op. Tenn. Atty. Gen. 85-249 (September 26, 1985).
91-79    APPROPRIATIONS: Money appropriated to the Second
Injury Fund by 1985 Pubic Chapter 393 was a one-time
appropriation, and if there are no funds in the Second
Injury Fund, while the State would be liable for
judgements against the fund, if the fund exhausted its
appropriation, the judgment creditors would be paid as
new funds became available in the order the judgments
were obtained. Tenn. Const. Art. I, S 17; T.C.A.
§9-6-1008, §50-6-208, §50-6-401; 1985 Public Acts Ch.
393.
91-75    AUDITS: An audit of the administration by the
District Attorney General of IV-D Child Support
Enforcement Funds held by a County Trustee and subject
to disbursement on the order of the D.A, is an audit
of such officer under T.C.A. §8-4-109 and does not
authorize the Comptroller to assess a fee. An audit
of the administration by the D.A. of funds disbursed
at his/her order pursuant to the Fraud and Economic
Crime Prosecution Act is also an audit under T.C.A. §
8-4-109 and does not authorize the Comptroller to
assess a fee. An audit of the administration by the
directors of a Judicial District Drug Task Force is an
audit of an intergovernmental cooperative and the
Comptroller may elect to perform an audit of the Drug
Task Force and require it to pay the cost of such
audit. 42 U.S.C. §3796 at agg., 42 U.S.C. S651 at
agg.; T.C.A. §4-3-304, §6-54-307, §8-4-109, §8-7-103,
§8-7-105, §8-7-110, §8-7-602, S8-42-101, §9-3-201,
§9-3-210 - 212, §12-9-101, at agg., §14-1-105,
§36-5-107, §40-3-201 - 202, §40-3-207, §58-2-601 et
Reg.; Op. Tenn. Atty. Gen. 86-115 (June 25, 1986).

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