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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When a Tennessee defendant skips bail, are 'costs of the court proceedings' under § 40-11-120 just the forfeiture costs or all the costs in the case?
All of them. The AG concluded that 'costs of the court proceedings' under Tenn. Code Ann. § 40-11-120 includes the costs of every proceeding in the case against the defendant, not just the bail forfei…
What's the right procedure to amend a Tennessee county comprehensive growth plan if the coordinating committee is gone, and did the 2015 annexation reform impliedly kill any growth-plan provisions?
Use an alternate entity, agreed by the county and all municipalities. The AG concluded that (1) under § 6-58-104(a)(9)(B) the only alternative to a coordinating committee is an entity the county and a…
What residency and voter-registration rules apply to candidates for sheriff in Tennessee?
Two rules. The AG concluded that Tenn. Code Ann. § 8-8-102(a)(3) requires a sheriff candidate to be (1) a 'qualified voter of the county' (meaning the person meets the qualifications in § 2-2-102 but …
Does Tennessee's statutory definition of 'agriculture' apply to the adjective 'agricultural' in county authority and zoning statutes?
Yes. The AG concluded the same code-wide definitions of 'agriculture' in § 1-3-105(a)(2)(A) and § 43-1-113(b)(1) supply the meaning of 'agricultural' as used in § 5-1-118(b), § 5-1-122, and § 13-7-114…
After Public Chapter 490 reclassified Tennessee's modern market telecommunications providers, who reappraises their property and on what schedule?
The Comptroller of the Treasury still does the reappraisals. The AG concluded that even though Public Chapter 490 changed how the operating property of modern market telecommunications providers is as…
After the 2016 FOCUS Act restructured Tennessee higher education governance, can state university employees still participate in the Board of Regents' 403(b) retirement plan?
Yes. The AG concluded that the FOCUS Act, which created separate governing boards for the six state universities, did not impliedly amend the Government Employees Deferred Compensation Plan Act. The c…
In 2017, was Tennessee's bill letting assessors presume mobile homes attached to real property are residential constitutional?
Mostly yes, with a limit. The AG concluded HB 768/SB 907 was consistent with Article II, Section 28 only when applied to property with no more than one rental unit. The Tennessee Constitution requires…
In Tennessee, who can legally perform microneedling and microblading on a client?
A licensed aesthetician cannot do either at a cosmetology shop or a medical spa because the procedures affect the dermis. Microneedling at a medical spa requires the physician/nurse exemption in Tenn.…
Does Tennessee's general definition of 'agriculture' apply to the word 'agriculture' in the property-tax statute that defines 'Farm Property'?
Yes. The AG concluded that the agriculture definitions in Tenn. Code Ann. § 1-3-105(2)(A) and § 43-1-113(b)(1) both apply to the word 'agriculture' as used in Tenn. Code Ann. § 67-5-501(3)'s definitio…
In 2017, would Tennessee SB 1085/HB 1111's 'ordinary meaning' rule create a separation-of-powers problem or undermine Obergefell when courts read gender-specific terms in statutes?
Mostly no. The AG concluded that the bill codified an existing canon of statutory construction, so a separation-of-powers challenge was possible but unlikely. Gender-specific words read literally coul…
Does a company that supplies off-duty law enforcement officers for highway work-zone traffic control need to register as a private security company in Tennessee?
No. The AG concluded that Tenn. Code Ann. § 62-35-103(a)(15)(A) specifically exempts companies that use or provide certified law enforcement officers exclusively for traffic control in temporary work …
Would dividing Tennessee's property tax relief program into separate programs for the elderly/disabled and for disabled veterans/surviving spouses violate the state constitution?
No. The AG concluded that an administrative split of the tax-relief program into two components does not by itself violate Article II, Section 28 of the Tennessee Constitution, as long as the substant…
Does Tennessee's firearms-preemption statute let someone manufacture guns in an area zoned residential?
No, but for a different reason than you might think. The AG concluded that Tenn. Code Ann. § 39-17-1314's preemption of firearms regulation does not invalidate a generally-applicable zoning ordinance …
Can a Tennessee solar generating facility that sells power only to the property owners or tenants on the same or adjacent land avoid being treated as a regulated public utility?
Maybe. The AG concluded that whether such a solar facility is a regulated 'public electric system' or 'public utility' depends on whether its property is 'affected by and dedicated to public use.' Sel…
In 2017, were Tennessee's proposed 20-week abortion ban and the proposed Tennessee Infants Protection Act constitutional?
Mostly no. The AG concluded HB 101/SB 766's 20-week ban was constitutionally infirm under controlling Roe/Casey precedent prohibiting pre-viability bans, and that HB 1189/SB 1180's post-viability ban …
Can a Tennessee county impose blanket random drug testing on all county employees and elected officials to lower insurance premiums and improve public confidence?
No. The AG concluded that a blanket random drug-testing policy targeting every county employee and elected official violates the Fourth Amendment and Article I, Section 7 of the Tennessee Constitution…
Can the Tennessee commerce and insurance commissioner appoint multiple fire-investigation assistants for the same territory, and what happens when an assistant changes jobs?
Generally no. The AG concluded that fire-investigation assistants are designated by statute, not appointed; the commissioner can appoint only in three narrow circumstances. Status as an assistant flow…
Can Tennessee require all license plates to bear 'In God We Trust,' or only offer it as a chosen option?
Optional only. The AG concluded that requiring every Tennessee plate to display 'In God We Trust' would be constitutionally suspect under the First Amendment's Establishment, Free Exercise, and Free S…
Does Tennessee's race-track insurance law apply only to automobile races, or to motorcycle and other motor-vehicle races too?
All of them. The AG concluded that 'motor vehicle race' under Tenn. Code Ann. §§ 55-22-101 to -105 is broader than 'automobile race' and reaches any contest of speed among self-propelled wheeled conve…
Can the Achievement School District or the Tennessee education commissioner add grade levels to a school that has been placed in the ASD?
No. The AG concluded that while the Commissioner has authority to manage day-to-day operations of any school or grade configuration placed in the ASD as it existed at priority designation, no statute …
Did the Tennessee AG issue an opinion on the constitutionality of population-bracket exemptions in March 2017?
No. The opinion request was withdrawn, so no opinion was issued. The slot for Opinion No. 17-18 is preserved on the AG's website as a withdrawn record.
When a Tennessee local government hires a land surveyor, does it have to follow the same procurement process used for architects, engineers, and construction services?
No. The AG concluded that land surveying is not a 'construction service' under Tenn. Code Ann. § 12-4-107(a). Surveying involves measuring and platting land, not building structures, so the constructi…
Can Tennessee enter into a private concession contract to redevelop and operate Fall Creek Falls State Park without violating a statute that limits when the parks department can contract for state-employee work?
Yes. The AG concluded that Tenn. Code Ann. § 11-3-112's limit on TDEC contracting did not apply because the deal was being run through the Department of General Services with State Building Commission…
In 2017, was a Tennessee bill banning abortion after a detectable fetal heartbeat constitutional?
Mostly no. The AG concluded the heartbeat ban itself was constitutionally suspect under then-controlling Roe/Casey precedent because it prohibited pre-viability abortions, but the bill's ultrasound an…
If a government employee is subpoenaed to testify in a civil trial about work matters, can the employee or the government employer charge an hourly rate for the time spent in court?
No. The AG concluded that Tenn. Code Ann. §§ 24-4-101 through 107 set the only compensation a witness in a civil case can receive, and the statute does not distinguish between government employees and…
Can a Tennessee court clerk pay a sheriff or constable more or less than the statutory fee for serving process?
No. The AG concluded that the fee schedule in Tenn. Code Ann. § 8-21-901 is mandatory: court clerks cannot pay less than the statutory fee for services actually rendered, nor pay more. The fees are no…
Can a Tennessee city or county add its own fee on top of the state's fee for a state-issued permit or license?
Only if state law authorizes it. The AG concluded that local governments have no inherent power to surcharge or supplement state license and permit fees; the legislature must expressly or impliedly de…
Under Tennessee's custom-slaughter and on-farm meat exemptions, is there a limit on how many co-owners can share an animal that is custom slaughtered or processed on the farmer's farm?
No. Tenn. Code Ann. § 53-7-202(6) restricts a custom slaughterer only by saying the slaughtered meat cannot be sold or offered for sale through a commercial outlet; the statute does not cap the number…
Can Tennessee Lottery proceeds pay Advanced Placement (AP) exam fees for high school students?
No. The AG read article XI, § 5 of the Tennessee Constitution to allow lottery proceeds only for financial assistance helping citizens *attend* a Tennessee post-secondary institution. AP exams are tak…
Do Tennessee public-charter-school teachers' children get the same state-college tuition discount as other public-school teachers' children?
Yes. Children of full-time licensed teachers in Tennessee public charter schools qualify for the § 49-7-119(a) tuition discount at state-operated institutions of higher learning. Tennessee public char…
Can Tennessee's General Assembly strip a city court's criminal jurisdiction in the middle of an elected city judge's term?
Yes. Tennessee's General Assembly has constitutional authority under article VI, sections 1 and 8 of the Tennessee Constitution to alter, increase, or reduce the jurisdiction of inferior courts it has…
Is a long-distance mortal-remains transport plan, paid for in advance and triggered only by death more than 75 miles from home, regulated as a Tennessee pre-need funeral contract?
Yes. A plan that takes a prepaid, nonrefundable fee in exchange for arranging professional transport of a dead human body from any site of death to a licensed funeral provider, with services triggered…
Can a Tennessee city like Lakeland charge mandatory monthly fees to fund fire protection, and could the legislature single one city out to do so?
No. Lakeland, organized under a city manager-commission charter, has no statutory authority to impose mandatory fees on its residents to fund fire protection. Tennessee follows the Dillon-rule princip…
Does Tennessee's pretrial-diversion ineligibility for an 'elected or appointed person' bar all public employees, or only those actually elected or appointed?
No. The phrase 'elected or appointed person' in Tenn. Code Ann. § 40-15-105(a)(1)(B)(iii)(h) reaches only public employees who were elected or appointed to a position in the executive, legislative, or…
Does Tennessee's $75 court-cost charge for parenting-plan and child-support actions also apply to motions filed in a still-pending divorce?
No. The $75 court-cost charge in Tenn. Code Ann. § 8-21-401(b)(1)(E) is a 'standard court cost' charged at the institution of specified civil actions, like child support enforcement, child support mod…
Does federal law (Title IX, Clery Act, or due process) preempt Tennessee's UAPA contested-case procedures when a public-college student faces discipline for an alleged campus sexual assault?
The UAPA does not violate the Due Process Clause, and neither Title IX nor the Clery Act preempts Tennessee's UAPA contested-case procedures applied to public-college student discipline for alleged se…
Does Tennessee's campus-carry exemption that bars employee-handgun-carry in offices providing medical services include dentistry offices?
Yes. Dentistry is a 'medical service' for purposes of Tenn. Code Ann. § 39-17-1309(e)(11)(C)(v)(d). The campus-carry employee exemption that prohibits handguns in hospitals or offices where medical or…
Can a Tennessee priority school in the Achievement School District add new grade levels on its own?
No. Once a priority school is assigned to the Achievement School District, the school itself has no independent control over its operations and cannot unilaterally add grade levels. The commissioner o…
Can a Tennessee priority school assigned to the Achievement School District add new grades on its own?
No. Once a Tennessee priority school is placed in the Achievement School District (ASD), the school itself has no independent decision-making authority over its operations. The ASD's commissioner of e…
Can Tennessee ban voters from taking ballot selfies at polling places without violating the First Amendment?
Yes. The interior of a polling place is a nonpublic forum, and Tennessee may restrict speech there as long as the restriction is reasonable and viewpoint-neutral. The bans on phone calls, photos, vide…
Can the Tennessee Governor host a political fundraiser at the Executive Residence, and does the public get to see the Governor's daily schedule?
Yes. Tennessee's 'Little Hatch Act' carves out popularly elected officials, qualified candidates, and the Governor's cabinet and staff, so those people may use state property, including the Executive …
Are a Tennessee city's Facebook posts and citizen comments on a city Twitter feed public records?
Yes. To the extent a municipal social media account is created or maintained 'in connection with the transaction of official business,' the account, the comments on it, and records about who administe…
Can Tennessee deny a public weigher or weighmaster license to a non-citizen who is legally allowed to work in the U.S.?
No. The U.S.-citizenship requirements in Tenn. Code Ann. §§ 47-26-804 and 47-26-1004 likely violate the Equal Protection Clauses of the U.S. and Tennessee Constitutions because they discriminate again…
Can a Tennessee state legislator running for Congress move money from his state campaign account into his federal campaign account?
Yes. Tennessee law (Tenn. Code Ann. § 2-10-114(a)(1)) permits an elected state official running for federal office to transfer unexpended balances from his state campaign account to his federal campai…
Do private Tennessee gun sales between two individuals require a background check?
No. Tennessee has no state-law background check or licensing requirement for private, occasional firearm sales between individuals who are not 'in the business' of dealing in firearms. Tennessee defer…
Whose approval does an off-duty Tennessee officer need to direct traffic in a construction work zone for a private contractor?
An off-duty Tennessee officer directing traffic at a private work zone needs approval from their own law enforcement department, not the state Commissioner of Commerce and Insurance. The same statutor…
Did the Supreme Court's Gobeille decision force Tennessee to stop collecting health-claims data under its All-Payer Claims Database statute?
Yes. The U.S. Supreme Court's Gobeille decision (2016) means ERISA preempts Tennessee's all-payer claims database statute as applied to ERISA-governed self-funded group health plans. Application to in…
Can a Tennessee charity spend solicited public donations on lobbying or political campaigns?
A Tennessee charity that has to register under the Charitable Solicitations Act can only solicit and spend public donations for 'charitable purposes' (benevolent, educational, religious, philanthropic…
Can a Tennessee city pass an ordinance making marijuana possession a $50 civil ticket instead of a criminal misdemeanor?
No. A municipal ordinance making marijuana possession a $50 civil ticket conflicts with Tennessee's Drug Control Act, which makes the same conduct a Class A misdemeanor with mandatory minimum fines an…
Can a Tennessee 911 district board automatically remove a sheriff or mayor who serves ex officio if they miss too many meetings?
Yes. Tenn. Code Ann. § 7-86-314(a) says 'any' board member with four consecutive unexcused absences or attendance below 50% of meetings in a 12-month period is automatically removed. The word 'any' co…
Can Tennessee constitutionally limit which surname goes on a newborn's birth certificate?
Yes. The AG concluded that § 68-3-305 likely survives a First Amendment challenge because a birth certificate is government property in a limited or nonpublic forum, and restrictions there only need t…
Does Tennessee require school districts to lease vacant property to charter schools, or just offer it?
An LEA with underutilized or vacant property must list it and make it available for use by charter schools, in the sense of putting it on the market. But the LEA is not forced to sign a lease unless t…
Must Tennessee court clerks actually destroy paper records of dismissed charges when granting a partial expungement, or just delete database entries?
Yes, court clerks must destroy public records relating solely to dismissed or acquitted charges when granting a partial expungement under Tenn. Code Ann. § 40-32-101(j). Records that cover both convic…
Can a registered Tennessee sex offender enter a government office for services when the office sits within 1,000 feet of a school or park?
Maybe. A sex offender whose victim was a minor generally cannot be within 1,000 feet of schools, parks, day cares, or similar locations when children are present. But the 'any other legitimate reason'…
Do teacher-led activity programs like GoNoodle satisfy Tennessee's K-6 'non-structured physical activity' requirement?
No, to the extent those programs are structured (teacher-led, coordinated, or tied to instruction), they don't satisfy Tenn. Code Ann. § 49-6-1021's requirement of 'non-structured' physical activity f…
Can the public force the Tennessee State Museum Foundation to reveal its donors' names and gift amounts under the Public Records Act?
No. The Tennessee State Museum Foundation is a private 501(c)(3) nonprofit, not a state agency. It receives no government funding and is not under government control, so it does not meet the Memphis P…
Can a Tennessee doctor or pharmacist be sued for negligence if a patient becomes addicted to a prescribed opioid?
No Tennessee statute or common-law rule shields doctors or pharmacists from professional-negligence liability when a patient becomes addicted to a prescribed opioid. Whether they are liable in a given…
Can a Tennessee county buy one insurance policy instead of individual official bonds for its sheriff, trustee, and register of deeds?
Yes. 2016 Public Chapter 749 authorized counties to buy a single government-crime or employee-dishonesty policy of at least $400,000 per occurrence in place of individual bonds for officials such as t…
Can a Tennessee city's red-light camera vendor pre-screen video footage (filtering out blurred images or exempt vehicles) before a certified officer reviews it for citations?
Yes. The AG concluded the statute permits vendors to do ministerial pre-screening like quality assurance and filtering out unusable footage or exempt vehicles. Only a certified officer can make the vi…
Can a Tennessee handgun carry permit holder leave their gun in a locked car in a school parking lot, and does the gun ban also reach unoccupied school storage property?
Yes (locked car) and yes (storage property). The AG concluded § 39-17-1313's vehicle storage rule overrides § 39-17-1309's school-property ban for permit holders, but the school-property ban itself re…
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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.