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1994 Tennessee Attorney General Reports and Opinions 1 (1994)

handle is hein.sag/sagtn0138 and id is 1 raw text is: OPINIONS OF 'HE ATTORNEY GENERAL O TENNEAM
Published by Authority of Chapter 276
Public Acts of 1971
January. 1994
94-008   CONSTITUTIONAL LAN/TERNESSEE:Tazation: A county,
including those chartered under Article VII, Section I
of the Tennessee Constitution, may not amend its
charter to provide that any increase in the property
tax rate must be approved by a majority of the county
voters at an election called for that purpose. All
counties must follow the general law concerning the
setting of the county property tax rate, which does
not allow for submitting a rate increase to the
voters. Const. Tenn. Art. II, SS28-29, Art. VII, S1,
Art. XI, 59; T.C.A. S5-1-201. 55-1-210-211, S5-1-213,
§67-5-102, S67-5-510, 567-5-1501; Op. Tenn. Atty. Gen.
81-47 (February 9, 1981), Op. Tenn. Atty. Gen. 87-71
(April 16, 1987), Op. Tenn. Atty. Gen. 88-04 (January
5, 1988), Op. Tenn. Atty. Gen. U90-170 (December 5.
1990), Op. Tenn. Atty. Gen. 93-48 (July 22, 1993).
94-009   CORPORATIONS:Nedical Services: Tennessee statutory
law and the common law principles of the corporate
practice doctrine in the state, bar a business
corporation from employing a licensed physician for
the purpose of providing physical examinations and
other medical services to its employees at no charge.
T.C.A. S63-6-201-205; Op. Tenn. Atty. Gen. 88-152
(August 25, 1988).
94-001   DONESTIC RELATIONS:Marriage: When applying for a
marriage license, both parties do not have to
personally appear in order for the county clerk or
deputy clerk to comply with the provisions of T.C.A.
§36-3-109 so as not to be subject to penalty under
T.C.A. 536-3-111. The parent, guardian or custodian
of an applicant under the age of 18 must join in the
application statinq, under oath, that the applicant is
16 years of age or older and has his or her consent to
marry regardless of whether the applicant is
physically present. There is no requirement that an
application for marriage state the sex of the
applicants. However, any marriage license issued to
two people of the same sex would not be valid and the
marriage would be void. If both parties are not
present to obtain a marriage license, the Tennessee
Department of Health could choose to prepare and

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