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1992 Tennessee Attorney General Reports and Opinions 1 (1992)

handle is hein.sag/sagtn0123 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 May, 1992 92-47 CIVIL RIGHTS RESTORATION ACT OF 1987: Any state agencies, institutions, or corporations which receive federal financial assistance are subject to the restrictions of Title VI of the Civil Rights Act of 1964 and the Civil Rights Restoration Act of 1987. Under regulations promulgated by various federal agencies which administer federal assistance programs, recipients which administer programs are requited to submit information regarding compliance with Title VI of the 1964 Act. The legislative history of the Act and case law indicates that Title VI of the Civil Rights Act of 1964 was enacted to prohibit racial discrimination in federally funded programs. In administering federally funded programs, state and local governmental agencies are required to comply with Title VI of the Act and all other applicable federal regulations, and aid may be terminated or discontinued to any recipient which does not comply. An agency which administers a federally funded program may not, directly or indirectly, on the grounds of race, color, or national origin, deny a person the opportunity to participate as a member of a planning or advisory body which is an integral part of the program. 20 U.S.C. S2891, 42 U.S.C. S2000. 92-40 CONSTITUTIONAL LEM:Teanessee:Due Process: Proposed legislation which provides for the custodial release of D.W.I. offenders made contingent upon a mandatory ten (10) hour detention or a blood alcohol test result of .05% or less does not appear to violate any provision of the Tennessee Constitution or the United States Constitution. Const. Tenn. Art. 1, SO; T.C.A. $55-10-408. 92-39 COSTITUTIONAL LAN:U.S.:Supremacy Clause: House Bill 835/Senate Bill 1027, which requires contractors to be licensed at the time of beginning work on land titled to and operated by the federal government, appears to be unconstitutional because the state apparently has not reserved legislative jurisdiction to require licensure of contractors on federal property, and such licensure may interfere with the use for which the federal government acquired the property as well as conflict with federal law. U.S. Const., Art I, S8; 40 U.S.C.A. S255, 41 U.S.C.A. S253; T.C.A. S4-1-106-109, S62-6-101, S62-6-103.

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