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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If I sell an investment property and finance the buyer's purchase myself, do I need a Tennessee mortgage license?
In most cases, yes. The Tennessee AG concluded in 2010 that an individual offering seller financing on an investment property generally has to be licensed as a mortgage lender, and possibly as a mortg…
If only the county (not the city) opted into Tennessee River Resort District liquor-by-the-drink, does the state ABC control beer sale hours inside that city?
No. The state Alcoholic Beverage Commission does not control beer sale hours in a Tennessee municipality located inside a Tennessee River Resort District where the county (not the city) made the TRRD …
Which Shelby County court hears a Tennessee parentage action: only juvenile court, or also circuit and chancery?
Only the Shelby County Juvenile Court has jurisdiction over Tennessee parentage actions brought under Title 36, Chapter 2. The Shelby County Circuit and Chancery Courts do not, because Tenn. Code Ann.…
Can Tennessee require nonresident real estate license applicants to be Tennessee residents for 45 days, or treat them differently based on their home state's reciprocity?
Tennessee's 45-day residency requirement for a real estate license (Tenn. Code Ann. § 62-13-303(e)(2)(B), (f)(2)(B)) is unconstitutional under the Privileges and Immunities Clause, as is the parallel …
How does a Tennessee stroke survivor who can't write execute a financial power of attorney?
A Tennessee adult who is impaired (e.g., by stroke) and cannot write may still execute a financial power of attorney by marking an X, by directing a third party to sign on their behalf with witnesses …
Who fills a vacancy on a Tennessee county board of education: the county commission, or the school board itself?
Vacancies on a Tennessee county board of education can only be filled by the county legislative body (commission) until a successor is elected, because a county school board member is a 'county office…
Can Tennessee remove a school board member or withhold state funding from the school district if a board member skips required annual training?
Yes. Tenn. Code Ann. § 49-2-202(a)(5) explicitly lets the Commissioner of Education remove a popularly elected school board member from office for failing to attend the annual training required by the…
Do TN state agencies have to get local air-pollution permits from cities and counties with certified local programs (Davidson, Hamilton, Knox, Shelby)?
No. Tennessee state agencies are not subject to local air-pollution-control permits, even in counties that operate certified local programs (Davidson, Hamilton, Knox, Shelby). The Tennessee Air Qualit…
Is a Tennessee home-foundation 'warranty' against future settlement damage actually unlicensed insurance?
Yes, both. A standalone 'foundation warranty' against future vertical-settlement damage, where the underlying service is just inspection (no repair work), is a contract of insurance under Tennessee la…
If Tennessee transferred Department of Safety officers to Revenue, can it later put just those grandfathered officers back under mandatory retirement?
Tennessee can constitutionally bring transferred revenue regulatory agents (formerly Department of Safety officers, now in the Department of Revenue) back under the mandatory retirement age while leav…
Can a Tennessee county mayor veto who the soil conservation district appoints to the county growth-plan coordinating committee?
No. The county mayor cannot block the soil conservation district board's appointment to the county coordinating committee under Tenn. Code Ann. § 6-58-104(a)(1)(E). The mayor has two of their own appo…
Did Tennessee accidentally legalize pirated movies and post-1972 music in 2009?
No, Tennessee did not accidentally decriminalize piracy. The 2009 amendment to Tenn. Code Ann. § 39-14-139 reflected federal copyright preemption (17 U.S.C. § 301), which bars state prosecution of pir…
Could Tennessee constitutionally bar registered sex offenders from living in Board of Regents student housing, including retroactively?
A proposed Tennessee bill barring students who are registered sex offenders from residing in any Board of Regents student housing would apply only to Board of Regents institutions (not the UT system) …
After the 1976 private act transferred county-chairman judicial powers to Jackson County's General Sessions Court, who has probate jurisdiction there today?
The 1976 private act did transfer all judicial powers of the abolished Jackson County Chairman, including probate jurisdiction, to the General Sessions Court. But Chapter 16 of the Private Acts of 199…
When Tennessee distributes TVA payments-in-lieu-of-taxes to counties by acreage, does TVA-owned underwater land (reservoirs) count toward each county's share?
Yes. When Tennessee distributes the 10% share of TVA payments-in-lieu-of-taxes that is allocated by TVA-owned acreage in each county, the Department of Revenue should count both dry land and inundated…
Can Tennessee automatically extend a wireline carrier's ETC designation to its wireless services without separate FCC or state review?
Likely no. A proposed Tennessee amendment that would automatically extend the TRA's prior designation of a wireline carrier as an Eligible Telecommunications Carrier to that carrier's wireless service…
In Tennessee, who can appoint a courtroom bailiff or court officer authorized to carry a weapon, and what training is required?
The county sheriff appoints bailiffs and court officers, except in Davidson County (Nashville's metropolitan government), where trial judges appoint their own. Deputy sheriffs assigned to courts must …
Do government employees who do locksmithing for their employer need a TN locksmith license, and is the rule different for lockout-only services?
Yes, state and local government employees performing locksmithing services at work need a Tennessee locksmith license. Businesses that only unlock vehicles for their owners (lockout services) are stat…
Can Tennessee cap pay to court-appointed lawyers for indigent defendants when state funds run out, paying each lawyer a pro rata share?
Yes. A statute that limits compensation to appointed criminal-defense counsel on a pro rata basis when quarterly funds run short is constitutionally defensible. Capping compensation does not violate a…
Can Tennessee make convicted felons pay all court fines, restitution, and court costs before getting their right to vote restored?
Yes. The proposed amendment to Tenn. Code Ann. § 40-29-202 was constitutional. Felons do not have a fundamental right to vote, wealth is not a suspect classification, and a federal court (Johnson v. B…
Can the Tennessee Education Lottery Corporation extend its multi-million-dollar vendor contracts (Gtech, Scientific Games) for years without re-bidding, and without sign-off from any state agency or legislative committee?
Yes. The Tennessee Education Lottery Corporation is a quasi-public entity governed by its own procurement statute (Tenn. Code Ann. § 4-51-126), not standard state procurement law. Its board can approv…
Can a Tennessee bill about a Blount County river be amended to address a Rutherford County road?
No. House Bill 3230's caption limited it to 'the Little River in Blount County, Tennessee.' An amendment about a Rutherford County road falls outside the restrictive caption and would violate Article …
When a Tennessee government agency buys greenbelt-classified land for parks or conservation, does the seller (or anyone) have to pay 'rollback' property taxes, even if the land stays open?
Generally yes. After a 2008 amendment to the Greenbelt Law, conveying greenbelt land to a government entity triggers rollback taxes whenever the conveyance makes the land tax-exempt, even if open-spac…
Can a Tennessee school, college, or university share campus criminal incident reports with police, and can law enforcement and juvenile courts swap information about minor children?
Yes to all three. FERPA exempts law-enforcement-unit records from its protections, so schools can share campus crime data with police. HIPAA allows disclosure to law enforcement under several exceptio…
Could Tennessee constitutionally treat a non-viable fetus as a victim under its assault and homicide statutes, in light of Roe v. Wade and the right to abortion?
Yes. The 2010 bill (SB 3699) extending Tennessee's assault and homicide statutes to cover non-viable fetuses was constitutionally defensible. Federal precedent allows states to recognize unborn childr…
Can Tennessee make it a crime for a sex offender stepparent to live with a minor by 'presuming' the prior victim was under 13, when the actual age cannot be proven?
No. The proposed amendment would have created an unconstitutional 'conclusive presumption' that the prior victim was under 13 whenever the State could not prove age from child pornography images. That…
Can the Tennessee legislature require the Governor to appoint members of a state board only from a list of names submitted by a private trade or professional association?
Yes. Tennessee statutes that require the Governor to appoint state board or agency members from lists submitted by private trade associations are constitutional. The Governor still holds the appointin…
Could Tennessee require people to show proof of U.S. citizenship when registering to vote, and would the proposed bill (SB194/HB270) violate federal voting laws or the Constitution?
The citizenship-proof requirement itself, modeled on Arizona's law, would likely have survived facial challenge under the Fourteenth Amendment, the National Voter Registration Act, and the Voting Righ…
In Tennessee, can a licensed practical nurse (LPN), not just a registered nurse (RN), supervise a certified medication aide who administers drugs in a nursing home?
Yes. The 2010 bill (SB3144/HB3368) would have clarified that either a registered nurse or a licensed practical nurse can serve as the 'licensed nurse' supervising a certified medication aide. The AG c…
Who pays a court interpreter for an indigent defendant in Tennessee, the county or the state's indigent defense fund?
The default rule is that the interpreter files a claim directly with the Administrative Office of the Courts (AOC) and the AOC pays the interpreter from the indigent defense fund. Counties are not inv…
Can Tennessee's State Comptroller serve on a state procurement commission that the Comptroller's office also audits?
Yes. The Comptroller's service on a proposed State Procurement Commission would not violate Tennessee's separation of powers (the Comptroller's role is substantially executive). And serving on a board…
When a parent dies, can Tennessee let the surviving grandparents skip part of the proof in a grandparent-visitation case?
Yes, the AG concluded SB 3036/HB 2700 would be constitutional. The bill would create a rebuttable presumption of substantial harm to the child when one parent has died and the surviving parent has ter…
Can the Tennessee legislature stop saying when a defendant's diversion statement is admissible at trial?
Yes, no separation-of-powers problem. HB 3283 would remove the existing legislative declaration that a defendant's pretrial-diversion statement is admissible only for impeachment if the defendant test…
Can a Tennessee public university make journalists agree to limits on how they use photos and video they take at football games?
Yes. UT athletic events are not 'public events' in the legal sense; entry requires a ticket or credential that comes with conditions. The University and SEC can require members of the press to accept …
Could the Shelby County School Board be converted into a Special School District in 2010, and would the proposed legislation to do so violate Tennessee's Home Rule Amendment?
Under 2010 Tennessee law, no new special school districts could be created, so Shelby County could not convert. Proposed legislation to allow conversion would not violate the Home Rule Amendment (whic…
Does a Tennessee county commission have to fund a special school district inside the county, and can the General Assembly change that rule?
No, not currently. Under City of Humboldt v. McKnight, a county commission has no duty to fund a special school district inside the county because the special district is funded by its own General-Ass…
Can Tennessee's stroke-registry annual report identify which hospitals had which stroke outcomes?
No. The Tennessee Stroke Registry Act of 2008 requires ETSU's College of Public Health to publish only 'aggregate data' on stroke care, and expressly forbids disclosing 'hospital-specific information.…
Does Tennessee's law requiring courts to report mental commitments to the FBI background check system violate patient privacy?
No. Tennessee Code Annotated § 16-10-213, requiring courts to report mental commitments and 'mental defective' adjudications to the FBI NICS background check system, does not conflict with state menta…
Can a member of a Tennessee industrial-development authority board vote to make themselves the executive director?
No. If the executive director slot is structured as a public office with a term, Tennessee common law forbids self-appointment by an appointing body or its members. If the slot is structured as ordina…
If Tennessee banned abortion coverage on the ACA exchange, would that ban also cover IUDs and the morning-after pill?
No. The AG concluded that the ban in SB 2686/HB 2681 on offering abortion coverage through a Tennessee Affordable Care Act exchange would not reach IUDs, emergency contraception, or regular birth cont…
Can a Tennessee city impose a fine over $50 for driving a large vehicle in a residential area without a jury trial?
No, not without a jury. Article VI, Section 14 of the Tennessee Constitution caps judge-imposed fines at $50 unless assessed by a jury of the defendant's peers. A fixed-amount fine for driving a large…
Can Tennessee issue a 'Jesus is Lord' specialty license plate even if the proceeds go to a secular charity?
No. The AG concluded a 'Jesus is Lord' specialty earmarked license plate would violate the Establishment Clause of the First Amendment and Article I, Section 3 of the Tennessee Constitution. Because t…
Does Tennessee's dual-majority requirement for city-county consolidation violate 'one person, one vote'?
No. Under both the Charter Government Unification Act and the Metropolitan Government Act, voters inside the principal city and voters in the county outside that city each have to approve a unified go…
Can a Tennessee local government enforce zoning against a sport shooting range that's no longer meeting the state's setback requirements?
Yes. A Tennessee sport shooting range that fails the specific setback distances and vegetation maintenance requirements in Tenn. Code Ann. § 39-17-316(c) becomes subject to local zoning. But § 39-17-3…
Does a Tennessee governmental hospital have to notify the AG before merging two of its subsidiary corporations?
Yes. Even when a governmental hospital is merging two of its own subsidiaries and the assets stay under its control, the merger triggers the Tennessee Public Benefit Hospital Sales and Conveyance Act'…
Can Tennessee municipal police execute arrest warrants in another city in the same county, can they use deadly force there, and do they have to give the host city notice first?
The AG concluded that Tennessee municipal police could execute arrest warrants anywhere in their county, including inside another city, under Tenn. Code Ann. §§ 6-54-302 and 40-6-210. They could use d…
Is Tennessee's narrower Health Care Freedom Act bill (HB 2622/SB 2560) constitutional?
Yes, with one fix. The AG concluded HB 2622/SB 2560 (a narrower companion to the Health Freedom Act analyzed in Opinion 10-43) is constitutionally valid because it only restricts State action and is n…
Can a Tennessee school board member also work for the school board, contract with it, or work for a vendor of the board?
A Tennessee school board member cannot continue as a school board employee, cannot supervise a contract in which they are directly interested (personal contracts or contracts with companies they contr…
Once a Tennessee school board approves a charter school application, can district staff demand more negotiation before signing the charter agreement, or does approval automatically lock in the agreement?
The AG concluded that approval and signing of a Tennessee charter school agreement could not be separated. Tenn. Code Ann. § 49-13-110(a) says the school board's approval of a charter application 'sha…
Would raising Tennessee's $50 civil penalty for violating an order of protection to $500 violate the state constitution's Fifty-Dollar Fines Clause?
The AG concluded yes. The civil penalty under Tenn. Code Ann. § 36-3-610(b) is punitive in purpose because it serves general and specific deterrence rather than compensating for loss. Under City of Ch…
Can Tennessee pass a law saying residents don't have to comply with the federal health insurance mandate?
No. The AG concluded that the Tennessee Health Freedom Act (SB 3498/HB 3433) and the proposed constitutional amendment in HJR 745, both of which would have barred enforcement of the federal individual…
Can Tennessee add a 'free enterprise' clause to its constitution without violating state or federal law?
Yes, the amendment is facially valid. House Joint Resolution 722 would add a 'free enterprise' policy clause to Article I of the Tennessee Constitution. The AG concluded it would not violate any provi…
Can Tennessee borrow from the federal unemployment trust fund (or issue bonds) without running afoul of its constitutional balanced-budget rule?
Maybe for the federal advances, definitely for state bonds. The Tennessee Constitution's Borrowing Limit (Article II, Section 24) bars long-term debt for current state operations. Federal advances und…
Can a Tennessee bill captioned about 'carrying weapons on school property' be amended to ban colleges from disciplining students for off-campus gun ownership?
No. The AG concluded that a proposed amendment to House Bill 2726 violates Article II, Section 17 of the Tennessee Constitution. The bill's caption was restricted to 'carrying weapons on school proper…
After Citizens United, do Tennessee corporations have to file campaign finance disclosure reports for political ads they pay for on their own?
Partly. The AG concluded that under Tennessee's existing campaign finance laws, a corporation that spends money to support or oppose a ballot measure already qualifies as a political campaign committe…
Is it constitutional for Tennessee to give court reporters from a particular trade association easier licensure than non-members?
No, it's not unconstitutional. Tennessee Code Ann. § 20-9-613 (the grandfather clause in the 2009 Tennessee Court Reporter Act) provides a non-discriminatory route for any practicing court reporter, m…
If Tennessee requires school districts to start paying support-staff health insurance premiums, does that violate the state's no-unfunded-mandates rule?
No. The bill (HB 3193/SB 3125) would have required local education agencies to pay a minimum percentage of support staff health insurance premiums. The AG concluded that the bill satisfies the Tenness…
Can a Tennessee metro government performance-audit the state trial courts that sit in its county?
Partly. Nashville's Metro government can audit the physical space, the programs, and the personnel that Metro funds for the 20th Judicial District trial courts. It cannot audit purely state-funded tri…
Can Tennessee issue a 'Catholic Charities' specialty license plate and send the proceeds to Catholic Charities of East Tennessee?
No. The AG concluded that creating a Catholic Charities specialty earmarked license plate, with proceeds going exclusively to Catholic Charities of East Tennessee, would likely violate both the federa…
Can Tennessee pass a private act letting one county run a home health agency in three other counties?
Likely yes. The proposed private act authorizing Hancock County to run a home care organization in Hancock, Claiborne, Grainger, and Hawkins counties does not contravene any general statewide statute,…
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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.