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1995 Tennessee Attorney General Reports and Opinions 1 (1995)

handle is hein.sag/sagtn0142 and id is 1 raw text is: ATTORNEY GENERAL OF TENNESSEE Published by Authority of Chapter 276 Public Acts of 1971 June & July, 1995 95-078 AIRPORTS: Ihe 1995 Pub. Ch. 148 amendment to I.C.A. §42-5-103 is constitutional. TIhe amendment exempts (i) any airport wshich has scheduled air passenger serv ice and a control tosser in existence or under construction upon the elfective date of the act and (ii) expansions or other renos ations of airports in existence on January 1. 1995. as long as the property is currently oi ned by the airport or adjacent to such currently owned property. The amendment by its express terms applies to all airports not actually under construction ott or belore January 1. 1995. even though such date is prior to the date the act becomes lax%. The (General Assembly may restrtct condemnation or require certain procedures upon the delegation of the power of eminent domain. grant grandfather status to certain airport projects as pro% ided in this act. and provide for reirospectis e effectiveness as long as the act does not impair contractual obligations or sested rights. Tenn. Const. Art. I. §§20-21: [.CA §42-5-101. 95-077 BLOOD ALCOHOL TEST: Proceedings for violation of I .C.A. §55- 10- 406(a)(3) should be commenced by serving written notice oil the defendat. or otn counsel if defendant is represented. Notice should be served as soon as possible after the setting of the trial. An issue of jeopardy would be moot because the statute requires the determination o' whether the driser siolated this pros ision to be made at the same time as the determiniationi ott the offlense for which the driser was placed under arrest. I.C.A. §55-1-406. 95-075 CONTRACTOR'S LICENSING ACT: The Contractor's Licensing Act of 1994 governs contractors who directly contract with oswners to perform landscaping work. T.C.A. §62-6-101-207. §66-11-101. 95-069 COUNTY COMMISSIONERS: A county commissioner convicted of dris ine tinder the influence is not necessarily subject to ouster otn that evidence alone. although such official would be subject to ouster if the facts shoss the official \as in a public place in a state of intoxication produced by strong drink solutiarily taken. T.C.A. §8-47-101-103. §55-10-401-408. 95-076 CRIMINAL LAW:Fines and Costs: Unpaid costs and litigation taxes derising from criminal cases are in delault any time after the judgimsent assessing the same is entered. Fines assessed in criminal cases are in delault when they are not paid as ordered by the court under the authority of F.C.A. §40-24-10 1. I.C.A. §40-24- 105 authorizes the retention of' up to fifty percent of the fluinds collected only sshen the fines, costs and litigation taxes have been in default for six months and \%hen

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