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1995 Tennessee Attorney General Reports and Opinions 1 (1995)

handle is hein.sag/sagtn0141 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL ot                 #SREL
Published by Authority of Chaptef 276
Public Acts of 1971
January, 1995
95-004  CONSTITUTIONAL LAW/U.S. & TENNESSEE: First Amendment:
While there is no U.S. or Tennessee Supreme Court case directly on point, case
law from the lower federal counrts compels the conclusion that the Interior
Designers Title Registration Act violates the First Amendment, in that the Act
permits the practice of interior design by unregistered persons but restricts
commerical speech by prohibiting use of the title 'interior designer' merely
because a person is not registered under the Act. Const. U.S. & Term., Art. I,
§19, T.C.A. §62-2-901-903.
95-005  CRIMINAL LAW:Life Without Parole: A guilty plea is invalid if it includes
the provision that the defendant will serve either life without the possibility of
parole, or not less than twenty-five (25) years in prison, pursuant to T.C.A.§39-
13-204(a) and §40-35-501(h)(1)& (2), if the offense(s) were committed prior to
July 1, 1993, the effective date of these statutes. Const. Tenn., Art. I, §11;
T.C.A. §39-13-204, §40-28-129, §40-35-501.
95-004  INTERIOR DESIGNERS TITLE REGISTRATION ACT: While there is
no U.S. or Tennessee Supreme Court case directly on point, case law from the
lower federal counrts compels the conclusion that the Interior Designers Title
Registration Act violates the First Amendment, in that the Act permits the
practice of interior design by unregistered persons but restricts commerical
speech by prohibiting use of the title 'interior designer' merely because a person
is not registered under the Act. Const. U.S. & Tenn., Art. 1, §19, T.C.A. §62-2-
901-903.
95-001  RECORDS/GOVERNMENT:Optical Disk Storage: The State Public
Records Commission and the various county public records commissions have
the discretion to authorize state financial and personnel records and municipal
financial personnel records, respectively, to be stored on optical disks.
Destruction of any records stored in this manner would have to be in
accordance with statutory requirements. T.C.A. §10-7-101, §10-7-121, §10-7-
301-302, §10-7-401-411.
95-003 ELECTIONS:Absentee Ballots: It is lawful for a person not employed by an

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