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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Is Tennessee's law making the Tennessee Association of Professional Bail Agents the only provider of required continuing education for bail bondsmen an unconstitutional monopoly?
Likely no. The Tennessee Constitution's anti-monopoly clause forbids exclusive grants of what was previously a 'common right.' Because no one else has ever had a right to provide this state-mandated t…
Can Tennessee restore a felon's voting rights conditionally, and revoke them again if the felon falls behind on a payment plan for restitution, court costs, and child support?
Likely yes under Sixth Circuit precedent. Tennessee could require a felon seeking re-enfranchisement to enter a payment plan for restitution, court costs, and child support, and could revoke restored …
Could Tennessee constitutionally shrink drug-free school zones from 1000 feet to 500 feet only in counties with populations over 300,000 (Shelby, Davidson, Knox, Hamilton)?
It depends on whether population is a rational basis for the variation. Tennessee's drug-free school zone statute (Tenn. Code Ann. § 39-17-432) creates an enhanced-penalty zone of 1,000 feet around sc…
Can the Tennessee legislature use a narrow population bracket to let one specific county collect a tax that state law forbids?
Yes, the proposal raises serious constitutional concerns. HB 2341/SB 1652 would exempt Obion County from the statewide ban on duplicate hotel/motel occupancy taxes by drawing a narrow population brack…
Can Tennessee give landlords a property tax break for renting at below-market rates to low-income tenants without violating equal protection or uniform taxation rules?
Yes. The proposed Affordable Rental Property Act, HB 1987, is constitutional. The bill creates an opt-in property tax classification for landlords who voluntarily restrict their property to affordable…
Can Tennessee force every city to grandfather existing short-term rentals and forbid future bans, when only some cities had rules on the books before 2014?
Mostly constitutional, but with one likely fatal flaw. The grandfather provision drawing the line at 2014 is rationally tied to when short-term rentals went mainstream and survives equal protection re…
Could Tennessee constitutionally require a marked driver's license for DUI convicts and ban alcohol sales to anyone bearing such a license?
Such a law would be subject to deferential rational-basis review (DUI offenders are not a suspect class and the statute would not implicate a fundamental right), and the safety interests behind it are…
Would a Tennessee bill exempting insured adult motorcyclists from the helmet law (but keeping uninsured and TennCare-covered riders required to wear one) violate equal protection?
No. The AG concluded the proposed bill would survive rational basis review. The state's interest in protecting publicly funded healthcare programs from accident costs was a legitimate basis for treati…
Is it constitutional for Tennessee to require liquor-by-the-drink bars and restaurants to pay wholesalers on delivery while letting package stores keep their 10-day credit?
Yes. SB2415 imposed payment-on-delivery on liquor-by-the-drink licensees and wine-selling grocery stores while letting package stores continue using 10-day credit. Because alcohol is not a fundamental…
Can a Tennessee county tack a $1 surcharge onto every ticket sold at the county fairgrounds to fund a new exposition center?
No, not by ordinance. Such a surcharge is a tax, not a fee, and it conflicts with the state amusement-tax law. The General Assembly could authorize it by private act, but only if a rational basis exis…
Can Tennessee require home-schooled students to attend a Tennessee home school for two years before graduation to qualify for the HOPE scholarship?
Yes. The 2-year-Tennessee-home-school requirement in Tenn. Code Ann. § 49-4-902(23) is defensible against an equal protection challenge under rational basis review. Tennessee home schools are separate…
Can Tennessee pass a law letting (or requiring) water and sewer utilities to give senior citizens a discount on their bills?
Yes. The AG concluded the General Assembly could authorize or require local water and sewer utilities to offer senior citizen discounts. The Tennessee Constitution's equal-and-uniform clause applies t…
Can Tennessee suspend a doctor, nurse, or insurance agent's professional license because they fell behind on their student loans?
Yes, with proper process. The AG concluded that a bill suspending professional licenses for student-loan delinquency could survive constitutional scrutiny under rational-basis review. The state had a …
Can a Tennessee county apply its wheel tax to only some categories of vehicles, set different rates for different vehicle types, or create its own exemptions?
Yes to all three. The AG concluded Tenn. Code Ann. § 5-8-102(b) lets counties pick which 'taxable by the state' vehicles bear the wheel tax, set different rates for different vehicle classes, and add …
Can Tennessee let only some counties tax liquor barrels, like a private-act tax aimed at Moore County?
Yes. Tennessee can constitutionally let only some counties tax liquor barrels. A general law limited to counties that approved the manufacture of intoxicating liquor before 1950 has a rational basis (…
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…
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…
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…
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,…
Is Tennessee's law banning fireworks sales in big counties constitutional, and would a local-option fireworks bill survive challenge?
Yes on both counts. The current ban on fireworks sales in counties with more than 200,000 people survives rational-basis review, just as the Tennessee Supreme Court held in 1984 for a Knox County fire…
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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.