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1993 Tennessee Attorney General Reports and Opinions 1 (1993)

handle is hein.sag/sagtn0128 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 January, 1993 93-04 AIR TRANSPORTATION: Chapter 727 of the 1992 Tennessee Public Acts, provides that certain land in a tourist resort county may not be used as a heliport. This chapter is land use regulation, an area of state authority that has not been preempted by federal aviation law. The land use restriction in Chapter 727 is constitutional, as it is reasonably related to legitimate public safety, comfort and welfare concerns about the presence of heliports in the tourist-oriented areas of certain counties in Tennessee. The Chapter also does not effect an unconstitutional taking of private property. 16 U.S.C. S403, 40 U.S.C. S101; T.C.A. §13-7-208, §42-1-31-303, S42-8-101-105, S68-11-102; 1992 Tenn. Pub. Act. Ch. 727. 93-06 APPROPRIATIONS: Tenn. Code Annotated §9-6-111 does not permit the creation of a reserve for purposes of providing flexibility to fund unanticipated expenses, ensuring that the legislatively established overappropriation is honored and protecting the state's finances against any undercollection of revenue. However, the Governor may create efficiencies and savings through management of such areas as hiring, purchasing policies and the timing of expenditures. These management actions should be consistent with the implementation of the programs established by the General Assembly and should not compromise the achievement of underlying legislative purposes and goals. Tenn. Const. Art. II, S1-2, Art. III, 55, S18; T.C.A. 59-6-105, §9-6-111; Op. Tenn. Atty. Gen. 81-156 (May 4, 1981), Op. Tenn. Atty. Gen. 88-185 (September 30, 1988). 93-06 CONSTITUTIONAL LAW:TENNESSEE:Appropriation: Tenn. Code Annotated §9-6-111 does not permit the creation of a reserve for purposes of providing flexibility to fund unanticipated expenses, ensuring that the legislatively established overappropriation is honored and protecting the state's finances agains nny undercollection of revenue. However, *I 1: i my create efficiencies and savings throiiualh managemnI such areas as hiring, purchasing policies and Ite timing of expenditures. These management actions should be consistent with the implementation of the programs established by the General Assembly and should not compromise the achievement of underlying legislative purposes and goals. Tenn. Const. Art. II, Sl-2, Art. III, 551, S18; T.C.A. §9-6-105, S9-6-111; Op. Tenn. Atty. Gen. 81-156 (May 4, 1981), Op. Tenn. Atty. Gen. 88-185 (September 30, 1988).

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