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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