Tennessee Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Tennessee, with full citations and the original source on every page.
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Can the Tennessee legislature let a small water utility district hold a popular election for its commissioners by writing a population-bracket bill?
Yes. The AG concluded SB513, which would have required commissioners of a water utility district in counties with populations between 41,800 and 41,900 to be elected by plurality vote of customers, di…
Can a state stop insurance companies from selling health insurance through Obamacare exchanges?
No. The AG concluded HB476, which would have forbidden Tennessee-licensed insurers from offering coverage through any ACA exchange operating in Tennessee, was constitutionally suspect under the Suprem…
Can Tennessee take away a private university's campus police authority if the university discriminates against religious student groups?
Probably as applied to state universities, yes (state institutions follow the legislature's lead). But as applied to private universities, the AG concluded SB1241 is constitutionally suspect because i…
Can Tennessee tell tax assessors to value solar, wind, and geothermal power generation property at a discount because those technologies produce less electricity than coal or gas?
Yes, in the AG's view. The AG concluded that the proposed SB1000 amendment was constitutionally defensible. The General Assembly has broad discretion to set property valuation methods, and a credible …
Can a Tennessee state legislator or a county official also serve on a county soil conservation district board?
A state legislator cannot. The Tennessee Constitution's prohibition on holding more than one lucrative state office (Art. II, § 26) bars it, because a Soil Conservation District seat is a state office…
If a Tennessee subdivision plat was improperly approved by the planning commission and recorded with the register of deeds, can the county pull it back?
Generally no, without a court order. The AG concluded that a recorded plat is presumed valid until a court rules otherwise. No Tennessee statute lets a county unilaterally remove a recorded plat from …
Can a Tennessee clinical laboratory pay 85% of a doctor's electronic health records software cost if that doctor sends specimens to the lab for analysis?
No. Tennessee's Medical Laboratory Act prohibits any explicit or implicit offer of rebates, fee-splitting inducements, or 'unearned remuneration' to physicians who refer specimens to a laboratory. The…
Would Tennessee's proposed 'guns in parking lots' bill (SB142) replace or just add to the existing exceptions for firearms on school property?
It would just add to the existing exceptions. The AG concluded that SB142 did not explicitly or implicitly repeal the existing exceptions in Tenn. Code Ann. § 39-17-1309(c)(1) (nonstudent adult firear…
Could the Tennessee legislature pass a law declaring federal firearms regulations unenforceable inside the state?
No. The AG concluded that both HB42 and SB250 would violate the Supremacy Clause if enacted. Tennessee cannot nullify validly enacted federal law, cannot criminalize federal officers performing their …
Does a Tennessee nonprofit have to count unpaid volunteer board members or officers toward the four-employee threshold that triggers unemployment insurance premiums?
No, in the AG's view. The Tennessee unemployment statute should be read in pari materia with federal unemployment and Social Security tax law, which excludes corporate officers who perform no signific…
Would the proposed Tennessee Constitution amendment changing how appellate judges are selected conflict with any other part of the state constitution?
No. The AG concluded that SJR2 (which would change Article VI, § 3 so appellate judges are gubernatorial appointees confirmed by the General Assembly, then subject to retention elections) did not conf…
Can Tennessee phase in the property tax increase that follows when a business owner makes capital improvements?
No. The AG concluded that a four-year phase-in of the increased assessment value resulting from business capital improvements would be a partial property tax exemption, and Article II, Section 28, of …
Can a Tennessee juvenile court judge or clerk announce, without anyone asking, that a teenager was charged with a serious violent crime?
Yes. The AG concluded that for the specific serious offenses listed in Tenn. Code Ann. § 37-1-153(b)(2) (murder, rape, aggravated robbery, kidnapping, and the like) committed by a juvenile 14 or older…
What kinds of fees can a Tennessee county or city charge a private ambulance service operating in its area?
Counties and cities could charge any reasonable franchise fee tied to the cost of regulating the ambulance provider, regardless of where the provider was based. The fee had to be a fee (reasonably rel…
Could the Tennessee legislature move a piece of property from Davidson County into Wilson County?
Yes, under the conditions described. The Tennessee Constitution allowed the legislature to move property between existing counties as long as no new county boundary came within 11 miles of the old cou…
Can the county that first transported a mental health patient out of county refuse to reimburse the sheriff or law enforcement agency that delivered them?
No. The AG concluded that Tenn. Code Ann. § 33-6-901 created an unconditional obligation on the initial transporting county to reimburse a properly designated secondary transportation agent for any ou…
If a baby is born addicted to drugs in Tennessee, can the mother or the drug dealer be prosecuted?
Under a 2012 amendment, the mother could not be prosecuted criminally for using narcotics while pregnant. The drug dealer who supplied her could still face criminal charges, and the child or estate co…
Did the 2012 amendment requiring Tennessee defendants to pay for their own DNA test collection apply to people convicted before the law took effect?
Yes. The AG concluded the $37 DNA collection fee under Tenn. Code Ann. § 40-35-321(b) and (d)(1) applied whenever a non-incarcerated person provided a DNA specimen on or after May 10, 2012, regardless…
Could Tennessee require both state and private universities to recognize religious student groups that limit leadership to members of the faith?
The AG concluded that HB3576 was probably constitutional as applied to state colleges (mirroring the federal Equal Access Act upheld in Hsu), but constitutionally suspect as applied to private univers…
When a Tennessee school district hires a contractor to build or renovate a school, does the general public-procurement statute for energy services apply, or just the school-construction statute?
Just the school-construction statute. The AG concluded that Tenn. Code Ann. § 49-2-203, the specific statute governing local education agency procurement of school construction, controlled over Tenn. …
If a Tennessee defendant is charged with several offenses but posts one bail bond, can the sheriff charge a $5 fee for each charge?
No. Under Tenn. Code Ann. § 8-21-901(a)(3)(C), the sheriff's $5 fee was assessed per bond, not per charge. One omnibus bond covering multiple charges meant one $5 fee. Separate bonds for each charge m…
Can a Tennessee homeowners' association ban backyard beekeeping in its neighborhood?
Yes. Tennessee's beekeeping protection statute (Tenn. Code Ann. § 44-15-124) only blocks counties and cities from outlawing hives, not private HOAs. An HOA's restrictive covenants against beekeeping r…
Does Tennessee charge sales tax when I buy or sell gold and silver coins?
Sometimes. Tennessee sales tax applies when gold and silver coins are exchanged based on their intrinsic value as precious metals or collectibles (e.g., a $50 gold coin sold for $1,800). Sales tax doe…
How do vacancies and abstentions affect a Tennessee county commission's quorum and majority vote count?
Vacancies are not counted: quorum and majority vote are calculated against the actual membership in office at the time of the vote (Tenn. Code Ann. §§ 5-5-108, -109). Two-thirds private-act votes (Ten…
Can a Tennessee car dealer use a vehicle with dealer plates to run a paid bus shuttle service?
Yes, there are restrictions. The AG concluded that Tenn. Code Ann. § 55-4-221(b) lets a dealer operate a vehicle with dealer plates on public highways while it sits in the dealer's inventory for sale,…
Can a Tennessee general sessions judge ignore courthouse security rules set by the county security committee?
Mostly no. The AG concluded that a general sessions judge probably cannot refuse to follow security and dress rules properly adopted by the County Court Security Committee (of which the presiding judg…
Can Tennessee cut TennCare or quit Medicaid if Congress reduces federal funding?
Yes, Congress can lower federal Medicaid contributions, and Tennessee can scale back TennCare optional benefits or even leave Medicaid entirely. But the AG cautioned that the ACA's 'maintenance of eff…
Can a Tennessee county planning commission make citizens testify under oath at meetings?
No. The AG concluded the Carter County Planning Commission lacks authority to require citizens appearing before it to testify under oath. The 1972 private act creating the Commission doesn't grant tha…
Is it a conflict of interest if a Tennessee school board member's family electrical company gets the subcontract on a school remodel?
Probably not, on these facts. The AG concluded that a school board member whose family electrical company is awarded a subcontract on a school remodel (or no-bid minor repairs) probably does not viola…
Which county officers can a Tennessee charter county like Knox County make appointed instead of elected, and vice versa?
Mixed. A Tennessee charter county like Knox County may eliminate the constitutional county officers (clerk, register, trustee, assessor) entirely under Jordan v. Knox County, but if it keeps any of th…
Is Tennessee's law capping green-energy facility property at 0.5% of cost for tax purposes constitutional?
Doubtful. The AG concluded that Tenn. Code Ann. § 67-5-604(d), which caps the value of machinery and equipment in certified green energy production facilities at 0.5% of acquisition cost for property …
When a Tennessee pawnbroker buys gold or jewelry outright (no pawn loan), does the Scrap Jewelry Dealers Act also apply?
Yes. The AG concluded a licensed Tennessee pawnbroker who buys antique, used, or scrap jewelry or precious metals outright for resale (not as a pawn loan) is acting as a scrap jewelry/precious metals …
Can a Tennessee school board quietly extend the superintendent's contract without 15 days advance notice?
No. The AG concluded a Tennessee school board cannot legally extend the contract of its director of schools without giving the public notice required by Tenn. Code Ann. § 49-2-203(a)(14)(C): at least …
Would a Tennessee bill joining an interstate health-care compact be constitutional?
Yes, facially. The AG concluded that 2012 HB 0369/SB 0326, proposing to make Tennessee a party to an interstate health-care compact that would shift health-care regulation from the federal government …
Where do I register if I buy gold jewelry for resale in Tennessee, the state Department of Commerce or local police?
No. Buyers of used jewelry and precious metals for resale don't register with the Tennessee Department of Commerce and Insurance as 'scrap metal dealers' under Tenn. Code Ann. §§ 62-9-101 to -113. The…
Does Tennessee count construction and demolition waste as municipal solid waste for landfill fee purposes?
Yes. The AG concluded that the broad statutory definition of 'municipal solid waste' in Tenn. Code Ann. § 68-211-802(a)(10) covers 'construction/demolition wastes' defined in Tenn. Comp. R. & Regs. 04…
Are Tennessee municipal stormwater fees required by federal law, and do they count as unfunded federal mandates?
The Clean Water Act doesn't spell out stormwater fees, but it does require municipalities running storm sewer systems to get NPDES permits, and Tennessee's statutes (Tenn. Code Ann. §§ 68-221-1101 to …
Would Tennessee SB 2835 making open-adoption visitation agreements enforceable cause inheritance, support, or constitutional problems?
No on all four. The AG concluded that SB 2835, which would have made open-adoption visitation agreements judicially enforceable and allowed adult adoptees in some divorce situations to restore a decea…
Can Tennessee cap how many foreign-worker visa holders a charter school employs?
Likely no. The AG concluded that Chapter 879's 3.5% cap on non-immigrant H-1B and J-1 visa workers at charter schools was constitutionally suspect under the Equal Protection Clause and the Supremacy C…
Can Hamilton County, Tennessee allow distilleries by county commission resolution, or does it need a referendum?
No. Tenn. Code Ann. § 57-2-103(d) lets some Tennessee counties authorize distilleries by county commission resolution, but only counties in specific population brackets (or in the Tennessee River reso…
Can a Tennessee city require its employees to live in the city, give local contractors preference, or use race-based contracting?
Local governments may constitutionally require employees to live in the jurisdiction (rational basis); the General Assembly may also constitutionally prohibit such residency rules. Resident-contractor…
Does a Tennessee medical spa worker need a separate aesthetics license to provide facials and skincare under a doctor's supervision?
Yes if three conditions are met: (1) the aesthetics service falls within a recognized medical practice, (2) the person is licensed for that medical practice, and (3) the person is acting in his or her…
Is Tennessee's $115 handgun carry permit fee, or the fine for carrying without one, an unconstitutional burden on the right to bear arms?
No. A permit fee that defrays administrative costs of regulating a constitutional right is permissible (Cox v. New Hampshire), and the AG cited federal cases upholding handgun-permit fees up to $340. …
Does a Tennessee non-violent expungement under the 2012 law cost $350 or $450 in court fees?
$350. The fee for filing an expungement petition under 2012 Tenn. Pub. Acts ch. 1103 is $350; the $100 expungement fee in Tenn. Code Ann. § 8-21-401 does not apply on top. The specific Chapter 1103 fe…
Can a Tennessee sheriff make a city police department keep transporting a mentally-ill detainee, and who pays for it?
A Tennessee sheriff may designate a municipal law enforcement agency as a secondary transportation agent for mentally ill or seriously emotionally disturbed persons under Tenn. Code Ann. § 33-6-901, a…
What protection do unpaid Tennessee emergency-management volunteers have if they're hurt on the job?
Unpaid TEMA volunteers cannot get workers' compensation from the State and must rely on general tort law for injuries sustained on duty; they do receive the same tort immunity as state employees under…
Can a Tennessee county charter commission spend public money campaigning for the new charter in a local referendum?
No. Tenn. Code Ann. § 5-1-208(c) permits a charter commission to use public funds only to inform voters about the contents of the proposed charter, not to advocate for or against its adoption. Absent …
Can a Tennessee court clerk use leftover money from a tax sale to pay later property taxes on the same parcel?
A Tennessee court clerk holding overage funds after a delinquent tax sale cannot pay other property taxes that come due unless the court's order specifically directs it. Under Tenn. Code Ann. §§ 67-5-…
Does Tennessee require a digital forensics provider, or someone who reviews its data, to hold a private investigator license?
Digital forensics providers that 'obtain or furnish information' for purposes listed in Tenn. Code Ann. § 62-26-202(6) need a Tennessee PI license, but many will qualify for the consultant exemption i…
Can a Tennessee bail bond company file a criminal failure-to-appear case against a defendant who skipped court?
No. A failure to appear under Tenn. Code Ann. § 39-16-609 is a criminal offense that only the State of Tennessee, through the district attorney general, can prosecute. A bonding company can swear out …
Once bail is set by a Tennessee judicial commissioner, who can change it, and can a bonding company sue over the way bail is set?
A general sessions judge can alter bail prior to bind-over with written reasons; a judicial commissioner cannot alter bail once admitted. Reduced bail with a cash-deposit option is allowed if the § 40…
Can a Tennessee officer who got a Garrity advisory still be subpoenaed to testify against another officer in a criminal trial?
Yes. The AG concluded that Garrity immunity protects the speaker from his own statements being used against him, not from being called as a witness against someone else. The phrase 'These statements h…
Can Tennessee voters sign annexation or incorporation petitions with electronic signatures collected online?
No. The AG concluded Tennessee's UETA does not require local governments to accept electronic signatures on incorporation, annexation, de-annexation, or merger petitions. State election statutes requi…
What happens to a Tennessee county commission seat when the elected member turns out not to live in the district?
The seat is automatically vacant once the residency failure is established, with no judicial determination needed; the county legislative body cannot retroactively redraw district lines to fix it; and…
Is it constitutional for one Tennessee municipal hearing officer to issue a building code citation and then preside over the appeal?
Yes. The AG concluded the Municipal Administrative Hearing Officer Act (Tenn. Code Ann. §§ 6-54-1001 to -1018) satisfies due process. An officer can make an initial determination and then conduct the …
Do Tennessee part-time, reserve, or auxiliary police officers need a security guard license to work off-duty security, and can they wear their police uniform?
Tennessee's Private Protective Services Licensing Act exempts only full-time sworn officers. Part-time, reserve, temporary, and auxiliary officers must be licensed to work paid security, cannot wear t…
Can Tennessee constitutionally bar public officials charged with on-the-job crimes from pretrial or judicial diversion?
Yes. The AG concluded Chapter 766 of the 2012 Public Acts does not violate the U.S. or Tennessee Constitutions. Pretrial and judicial diversion are not fundamental rights; public officials are not a s…
Can Tennessee school boards pool resources through an OPEB trust to pre-fund retiree health benefits, and can the school boards association run it?
Yes, with conditions. The AG concluded the OPEB Investment Trust Act of 2006 is the only statutory authority for a county school board to set up an OPEB trust. School boards may pool their boards unde…
Who runs Lewis County, Tennessee's Highway Advisory Commission, and what does the chair earn?
The Lewis County Highway Advisory Commission has three members: the county mayor (by virtue of office), one member of the county legislative body, and a private citizen. The members elect the chair ev…
Can a Tennessee county create its own civil rights lawsuit law to sue the sheriff and deputies?
No. The AG concluded that a Tennessee charter county cannot enact an ordinance creating a private cause of action against its sheriff or deputies for civil rights violations. Tenn. Code Ann. § 5-1-204…
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Attorney general opinions in Tennessee are written by the Tennessee Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.