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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What can a Tennessee county do when a utility district inside it fails to provide service or operates at a substantial loss? Can the county dissolve the district, take over its service area, assume its debts, or force it into receivership?
The AG concluded that (1) a county legislative body has no unilateral authority to dissolve a utility district; only the district itself can initiate dissolution by transferring to a city or county un…
Would Tennessee's 2011 voter photo ID bill (HB 0007/SB 0016), which requires in-person voters to show photo identification but does not provide a free state-issued ID for those who lack one, survive constitutional challenge as a poll tax under the Twenty-Fourth Amendment and Equal Protection Clause?
The AG concluded that the bill, as drafted, would likely be struck down as a poll tax. The U.S. Supreme Court upheld Indiana's photo ID law in *Crawford v. Marion County Election Board* (2008) only be…
Can Tennessee terminate a parent's rights under Tenn. Code Ann. § 36-1-113(g)(6) for a long criminal sentence imposed while the child was under 8, even after the parent has finished the sentence and been released?
The AG concluded yes. Tenn. Code Ann. § 36-1-113(g)(6) requires only that the parent was confined under a sentence of ten or more years entered when the child was under eight; the statute does not req…
Would Tennessee's 2011 Exclusionary Rule Reform Act (HB 401), which would let courts admit search-warrant evidence despite statutory or Rule 41 violations as long as the error was a 'good faith mistake or technical violation' and no constitutional rights were violated, survive constitutional review?
The AG concluded the bill is constitutional. It does not purport to admit evidence obtained in violation of the U.S. or Tennessee constitutions, so it does not create a statutory good-faith exception …
Can the Tennessee legislature require the governor to give 10 days' notice to the attorney general, district attorney general, and the victim before announcing a grant of clemency (reprieve, pardon, commutation, or exoneration)?
The AG concluded that the bill is unconstitutional as applied to reprieves, pardons, and commutations because those are powers vested in the governor alone by Tenn. Const. art. III, § 6 and the legisl…
Would Tennessee's 2011 proposed Uniform Access, Competition and Consumer Fairness Act, which would force intrastate phone switched-access rates down to interstate levels, amount to an unconstitutional confiscatory taking of telecom company property?
The AG concluded that on its face the bill is not an unconstitutional taking: rate regulation of public utilities is constitutionally permitted so long as rates are not confiscatory, and the bill (1) …
Is the Clarksville Electric Power Board (a seven-member board with no city council or city manager seat, three-year terms) legally composed, given that the Tennessee Municipal Electric Plant Law of 1935 requires a different structure?
The AG concluded that the answer depends on facts the office could not determine: if Clarksville issued bonds under the 1935 Law, the Board had to be created under that Law and the current seven-membe…
Does Tennessee law (specifically the 2010 ban on synthetic cannabinoids and salvia divinorum at Tenn. Code Ann. § 39-17-438, or the broader counterfeit-substances statute at § 39-17-423) reach 'White Lightning' and similar products sold as legal alternatives to LSD and cocaine?
The AG concluded that Tenn. Code Ann. § 39-17-438 reaches only salvia divinorum and the named synthetic cannabinoids (JWH-018, JWH-073, HU-210, HU-211), not synthetic LSD or synthetic cocaine; that re…
When a Tennessee special school district wants its property tax rate changed, what does its board of education have to do procedurally, and can the General Assembly raise the rate above the certified rate after a county reappraisal?
The AG concluded that no Tennessee statute prescribes procedures for a special school district board to request a tax rate change from the General Assembly, so any clear communication of the board's p…
When a Tennessee adult with a disability uses Vocational Rehabilitation Services for college tuition, does the Tennessee HOPE scholarship count as a 'comparable benefit' the person must apply for first, or is it a 'scholarship based on merit' that the comparable-benefits rule excludes?
The AG concluded that the HOPE scholarship does not qualify as a merit-based scholarship under the Vocational Rehabilitation Services regulation, so it counts as a comparable benefit that VR clients m…
How do Tennessee's substance abuse coverage statutes interact with the federal Mental Health Parity and Addiction Equity Act of 2008, who enforces them in Tennessee, and is there a private right of action under § 56-7-2602?
The AG concluded that the Tennessee Commissioner of Commerce and Insurance enforces Tenn. Code Ann. § 56-7-2602 and may also enforce the federal parity law against Tennessee-licensed group health insu…
Can a Tennessee legislator get a list of the top prescribers of controlled substances (by profession) from the state's Controlled Substance Database, given that database records are confidential by statute?
The AG concluded that although the database itself is broadly confidential under Tenn. Code Ann. §§ 53-10-306 and -308, the Controlled Substance Database Advisory Committee could include a list of top…
Would it violate any constitutional right of Tennessee prisoners if the General Assembly repealed the Tennessee Post-Conviction Procedure Act?
The AG concluded that repealing the Post-Conviction Procedure Act would not infringe state or federal constitutional rights of state prisoners, because the weight of U.S. Supreme Court and Tennessee S…
When Tennessee sheriffs transport someone for involuntary mental health commitment across county lines, which county pays for the transportation, and can a sheriff refuse to transport someone first detained in another county?
The AG concluded that under Tenn. Code Ann. § 33-6-901(b), the county where the person was initially detained is financially responsible for transportation; that county's sheriff may bill the patient'…
When someone subpoenas a Tennessee Child Advocacy Center's confidential child sexual abuse investigation records, must the CAC produce them, or are they protected?
The AG concluded that Child Advocacy Center records covered by Tenn. Code Ann. § 37-1-612 are confidential and may be subpoenaed only by persons or entities within the statute's enumerated exceptions,…
What can Tennessee legally spend net lottery proceeds on under Article XI, Section 5, and how do specific uses (HOPE scholarships, contractor services, pre-K, after-school, energy-efficient schools) measure up?
The AG concluded that net lottery proceeds must first fund post-secondary financial assistance, with excess available for K-12 capital outlay and early-learning/after-school programs, and worked throu…
Can the Hamilton County Commission withhold PILOT (payment in lieu of taxes) funds intended for schools rather than passing them straight through to the Hamilton County School Board?
The AG concluded that the disputed PILOT funds are not 'school funds' under Tenn. Code Ann. § 49-3-315 (they are payments in lieu of taxes, not tax revenue), so the County Commission is not legally re…
In Tennessee, can a county mayor, county clerk, or municipal mayor charge a fee for officiating a wedding, or are they limited to accepting voluntary gratuities?
The AG concluded that under Tenn. Code Ann. § 36-3-301(c) these officials may accept, request, or solicit gratuities for performing marriages, but they cannot charge a mandatory fee or demand compensa…
Can a Tennessee city court hold a defendant in contempt for failing to appear at a scheduled court date, and if so, what's the maximum punishment?
The AG concluded that a Tennessee city court has the power to punish a defendant for criminal contempt when the failure to appear is willful disobedience of a lawful court order, but the punishment is…
Which Tennessee agency has authority to authorize off-highway vehicle (OHV) use in state forests, and can it do so by emergency rule?
The AG concluded that the Department of Agriculture's Division of Forestry must give approval for OHV access in state forests, that the approval must come by rule (Division of Forestry rules already a…
After Tennessee's 2010 amendment to § 13-3-103, can the Carter County mayor appoint the regional planning director if the county was created by a private act that lets the planning commission appoint employees and staff?
The AG concluded that Carter County's 1972 private act, which lets the planning commission appoint 'such employees and staff as it may deem necessary,' counts as a 'provision relating to the appointme…
Can a Tennessee city governing body add hiring criteria or ethics policies on top of the Municipal Electric Plant Law's qualifications for the superintendent of the city's electric board?
The AG concluded that the 1935 Municipal Electric Plant Law gives the electric board exclusive authority to set hiring criteria and ethics policies for the superintendent; the city governing body cann…
When a Tennessee utility district switches from elected to appointed commissioners under Tenn. Code Ann. § 7-82-307(a)(7), do the old private-act term limits still apply to the new appointed commissioners?
The AG concluded that the Utility Management Review Board's 2006 approval of a method-of-selection change for the Gibson County Utility District did not repeal the private-act term limits, but that th…
In Tennessee, do criminal defendants get sentencing credit for their first day in jail after arrest, must the court document that credit, and does it count toward release eligibility?
The AG concluded that all three answers were yes: Tenn. Code Ann. § 40-23-101(c) gives mandatory pretrial jail credit including the first day of incarceration; the credit must be documented in the jud…
In a Tennessee city under the City Manager-Commission Charter, who has authority over personnel decisions and salaries: the city manager or individual city commissioners?
The AG concluded that the city manager held exclusive authority over personnel decisions for department heads and city employees, working within the appropriations ordinance and comprehensive pay plan…
Does the Stewart decision require Tennessee drug court judges to recuse themselves before imposing short jail sanctions on a drug court participant, and do those participants get full probation-revocation due process when facing remedial incarceration?
The AG concluded that a drug court team may discuss and vote on sanctions, including remedial incarceration short of program termination, and the presiding judge need not recuse for those team-voted s…
Can a Tennessee regulatory board approve a settlement between an agency and a regulated party in a contested case if an intervenor refuses to sign on?
The AG concluded that an intervenor cannot block a settlement just by withholding consent. A regulatory board may approve a settlement over an intervenor's objection if it independently determines the…
Can a Tennessee county commissioner privately solicit fellow commissioners' votes to be appointed county mayor without breaking the Open Meetings Act?
Yes, with limits. A Tennessee county commissioner can contact fellow commissioners individually to solicit their support for appointment as county mayor without violating the Open Meetings Act, as lon…
Can a Tennessee jury coordinator empanel a jury, or only assemble the pool the judge picks from?
No. A Tennessee jury coordinator's role is limited to compiling the random jury list, forming the pool, granting excuses or postponements, and supplementing the pool when the judge directs. Selection …
When a Tennessee juvenile court receives a civil petition alleging child abuse based on a newborn testing positive for illegal drugs, can the court share it with the district attorney for criminal prosecution, and does sharing it satisfy the court's duty under § 39-15-401(d)(1)?
The AG concluded that juvenile court officials could appropriately share such civil petitions with the district attorney general, because DAs are officers of the court with a legitimate interest under…
If a sheriff's deputy takes someone to the hospital for an involuntary mental health evaluation in Tennessee, must the deputy use force to restrain the patient when hospital staff asks, and would doing so violate the patient's civil rights?
The AG concluded that Tennessee's involuntary commitment statutes did not require a sheriff's deputy to use police powers to help hospital staff complete a § 33-6-407 evaluation, but a deputy who did …
If a Tennessee bill's caption says 'An Act to amend Title 4, relative to lotteries,' can the body of the bill amend the Charitable Gaming Implementation Law in Title 3 because of the constitutional 'or otherwise' clause?
The AG concluded that the 'or otherwise' clause in Article II, Section 17 lets a bill recite the amended law in the body instead of the caption, but the body still has to stay within the single subjec…
Is a Tennessee bill caption that lists 27 different Code titles enough to satisfy the constitutional single-subject rule, or do you need a narrowing 'relative to' clause?
The AG concluded that a caption listing 27 Code titles with no narrowing language failed the single-subject requirement of Article II, Section 17, but a caption listing only four titles with a 'relati…
Does a Tennessee sheriff have to send an officer to keep the peace at a court-ordered estate sale even when the clerk and master is conducting the sale and the sheriff doesn't get a fee?
The AG concluded yes. The sheriff is the principal conservator of the peace under Tenn. Code Ann. § 38-3-102, and Tenn. Code Ann. § 8-8-201(a)(2)(A) makes obedience to lawful court orders a sheriff's …
Can a Tennessee county terminate its fire-protection contract with a non-profit volunteer fire department, and can a new county-wide fire department force existing private fire departments to shut down?
The AG concluded that a county could terminate a non-performing contract with a non-profit volunteer fire department (subject to the contract's own terms), but the termination did not by itself revoke…
Can a Tennessee charter county like Knox County amend a private act of the General Assembly just by passing an ordinance?
Not when the private act involves more than purely county affairs. The Tennessee AG concluded in 2010 that Knox County could not amend the 1983 Tennessee Technology Corridor Development Authority Act …
When Tennessee takes a DNA sample at arrest and the case doesn't end in a conviction, does the TBI have to destroy the DNA?
It depends on how the case ends. The Tennessee AG concluded in 2010 that the TBI must destroy a DNA sample only when 'the charge is dismissed or the defendant is acquitted at trial.' A nolle prosequi …
Does Tennessee's law requiring radar operators to be trained also block automated speed-camera photographs from being used as evidence?
No. The Tennessee AG concluded in 2010 that Tenn. Code Ann. § 24-7-124, which excludes radar evidence when the operating officer hasn't been trained to NHTSA or POST standards, applied only to devices…
When Tennessee's insurance commissioner calculates a county mutual insurance company's compensation expense ratio, can the commissioner count the salary of an employee who lacks final underwriting authority?
The AG concluded that under the Commissioner's rule defining 'compensation expense ratio' (Tenn. Comp. R. & Regs. ch. 0780-1-78-.02(2)), the ratio includes compensation of any officer, director, emplo…
When a Tennessee court reporter has a conflict of interest under Tenn. Code Ann. § 24-9-136, how quickly do they have to disclose it, and is disclosure at the deposition enough?
The AG read 'timely fashion' in Tenn. Code Ann. § 24-9-136(b)(1) to require that potential conflicts be brought to the parties' attention as soon as reasonably possible, by analogy to the recusal-timi…
Can a Tennessee county or city ban beer sales through a drive-through window or curb service?
Counties outside metropolitan governments (Class A counties) cannot. Cities, towns, and metropolitan-government counties (Class B counties) can ban drive-through beer sales. The Tennessee AG concluded…
Could the Tennessee legislature give the Court of the Judiciary the power to dock a misbehaving judge's pay or fine the judge up to $25,000?
No to both. The Tennessee AG concluded in 2010 that either change would run into Article VI, Section 7 of the Tennessee Constitution, which requires judicial compensation to be 'ascertained by law' an…
Can a Tennessee school board member who is also a law enforcement officer bring a firearm to a school board meeting held on school grounds?
Yes, with conditions. The Tennessee AG concluded in 2010 that an off-duty law enforcement officer could carry a firearm at a school board meeting on school property, unless federal law, a court order,…
If Tennessee broadened the fetal-victim definition in assault and homicide statutes to include nonviable fetuses, would that interfere with legal abortion?
The AG concluded no. HB 3495/SB 3699 would have broadened the category of fetal victims under Tenn. Code Ann. §§ 39-13-107(a) and 39-13-214(a) to include nonviable fetuses, but the bill left intact su…
If Tennessee counties form a metropolitan (city-county consolidated) government, can smaller cities still annex unincorporated territory under prior annexation reserve agreements?
No. The Tennessee AG concluded in 2010 that once a county forms a metropolitan government under Tenn. Code Ann. §§ 7-1-101 et seq., the metropolitan government takes in the entire county, and smaller …
Can a Tennessee county legislative body file a special-use exception application on behalf of a private property owner, and can it challenge a zoning board's denial of one?
The Tennessee AG concluded in 2010 that a county legislative body could not apply for a special use exception on behalf of a private property owner; the proper applicant is generally the property owne…
Do Tennessee bailiffs and court officers have to be POST-certified peace officers?
Outside Davidson County, a bailiff or court officer must be a deputy sheriff, must obtain POST certification within one year of employment, and, if newly assigned to courts after July 1, 2008, must co…
Can Tennessee reject your Social Security disability claim just because you are also drawing unemployment?
No. Tennessee's Disability Determination Services (DDS) cannot reject a Social Security disability claim purely because the claimant is also applying for or receiving state unemployment insurance bene…
Do federal HUD Section 8 voucher regulations override Tennessee's Administrative Procedures Act when a tenant fights a voucher termination?
No. The Tennessee AG concluded in 2010 that HUD's Housing Choice Voucher regulations did not preempt the Tennessee Administrative Procedures Act. The state APA gave voucher participants extra due proc…
Can a Tennessee metropolitan government charter say that the urban services district can grow only when the area to be annexed votes yes by referendum?
The AG concluded that a Tennessee metropolitan charter could restrict urban services district expansion to referendum-approved annexation only. § 7-2-108(a)(6) requires charter limitations to be 'cons…
Does the 2010 Tennessee law raising the drug-testing fee on Drug Control Act convictions apply statewide, or only to the few counties named in § 39-17-420(d)?
The AG concluded the $250 drug-testing fee added by 2010 Public Chapter 1004 applies statewide to convictions, pretrial diversion under § 40-15-105, and judicial diversion under § 40-35-313 for any Te…
Does Tennessee's 100-yard hunting buffer around dwellings apply when someone is hunting on private property, or only on public land?
The AG concluded no. The plain language of Tenn. Code Ann. § 70-4-108(b) makes it unlawful to hunt 'on public lands and waters within one hundred yards (100 yds.) of a visible dwelling house' without …
Can the Tennessee Department of Children's Services overturn a child protection team finding that a child has been sexually abused?
The AG concluded yes. Under Tenn. Code Ann. § 37-1-612(f)(1) the legislature required DCS to adopt due-process procedures for reviewing files, and the resulting rules at Tenn. Comp. R. & Regs. ch. 025…
When does a Tennessee creditor have to pay the clerk's and sheriff's fees for a garnishment, at the time of filing or only after the service is performed?
The AG concluded that the timing depends on the fee statute. Under Tenn. Code Ann. § 8-21-401, court clerks may collect the $25 post-judgment garnishment fee at the time the service is requested. In c…
If a Tennessee public board is later found to have been illegally composed, are the decisions it already made still valid?
Yes, under longstanding Tennessee case law. The AG concluded in 2010 that if a court later declared the Tennessee Board of Regents (or any board) improperly composed, the actions taken before that dec…
When a Tennessee county changes the beer-permit distance rule mid-application, which rule does the beer board apply?
The beer board applies the distance requirement in effect at the time it votes on the application, not at the time the application was filed (Coffman v. Washington County Beer Bd.). If a board mistake…
Can a notary public in Tennessee notarize their own spouse's signature?
The Tennessee AG advised against it. Notaries take an oath to act 'without favor or partiality,' and the AG concluded in 2010 that the spousal relationship prevents that. A spouse-notarized signature …
Can a Tennessee public school require students to pay fees for field trips that take place during regular school hours?
No. Requiring students to pay a fee for a field trip that took place during the required 180 instructional days violated Tenn. Code Ann. § 49-2-110(c). Schools could request fees, but could not condit…
Does Tennessee's 2010 amendment to the Sheriff's Civil Service Law on political activity apply to fundraising done before the law took effect?
No. The 2010 amendment to Tennessee's Sheriff's Civil Service Law political-activity rules (2010 Tenn. Pub. Acts Ch. 1025, signed June 9, 2010) does not apply to fundraising or campaign activities tha…
Can a Tennessee city or county employee run for elected office while keeping their job?
Generally yes. Tennessee state law does not bar local employees from running for elective office, and Tenn. Code Ann. § 7-51-1501 overrides any city or county charter that would. But the federal Hatch…
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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.