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1992 Tennessee Attorney General Reports and Opinions 1 (1992)

handle is hein.sag/sagtn0127 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 November - December, 1992 92-68 ALCOHOL: Tennessee Code Annotated §§ 57-3-412(a)(3)(C) and 57-5-301(e)(3) (1992 Supp) authorize a juvenile court to expunge its applicable records pertaining to juvenile proceedings against a minor for possessing or transporting intoxicating liquor or beer. T.C.A. S37-1-1-3, §40-32-101, 557-3-412, §57-5-301. 92-71 CONSTITUTIONAL LAW/TENNESSEE:Home Rule: A home rule municipality has the authority to construct facilities to control storm water within or without its corporate boundaries. There is no general law authorizing the imposition of special assessments by a municipality upon property owners benefitted by facilities to control storm water. Thus, a home rule municipality would have to derive any such authority from its charter. A home rule municipality can amend its charter to authorize the imposition of special assessments upon property owners benefitted by such facilities to control storm water. Pursuant to T.C.A. §6-54-306, a home rule municipality can set penalties of up to $500 to cover administrative expenses incident to correction of municipal violations. It is not necessary to enact general legislation to authorize the construction of such facilities, the assessment of the costs of such construction, the imposition of civil penalties or the amendment of a municipal charter to authorize such action by a home rule municipality. Tenn. Const. Art. II, 55 18-29, Art. XI, §9; T.C.A. §6-54-306, §7-32-101-141, §7-33-301-316, §7-34-101-118, §7-35-101-432, §7-35-201, Op. Tenn. Atty. Gen. 83-343 (October 6, 1983), 88-108 (June 1, 1988), 91-17 (February 20, 1991), U92-100 (September 1, 1992), 92-67 CONSTITUTIONAL LAW/TENNESSEE:Taxation: A county governing body may appropriate money from general tax revenues to a county industrial development corporation for use in economic and/or industrial development purposes. Tenn. Const. Art. 2, §29; T.C.A. §5-9-101, §7-53-101-102, §7-53-301.

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