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 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…
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…
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…
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…
If I sell an investment property and finance the buyer's purchase myself, do I need a Tennessee mortgage license?
If the financing qualifies as a residential mortgage loan, the investment-property seller needs a mortgage lender license unless a statutory exception applies. The opinion identifies an…
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. Where the county, but not the municipality, made the Tennessee River Resort District election, ABC rules do not set beer-sale hours in the municipality. The municipality may set beer hours by…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Could Tennessee constitutionally bar registered sex offenders from living in Board of Regents student housing, including retroactively?
The proposed student-housing restriction would apply only to Board of Regents institutions, and the AG found a credible argument that it was regulatory rather than punitive under the ex post facto…
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 transferred the County Chairman's judicial powers to the Jackson County General Sessions Judge. A 1997 private act then placed probate matters under the Chancery Court, ending…
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…
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…
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…
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…
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…
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.…
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…
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…
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…
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…
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 AG found Senate Bill 3699, which would extend Tennessee's assault and homicide victim definitions to non-viable fetuses, constitutionally defensible under the law it reviewed in 2010. The…
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.…
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…
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…
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…
Who pays a court interpreter for an indigent defendant in Tennessee, the county or the state's indigent defense fund?
Generally, the interpreter submits the claim directly to the Administrative Office of the Courts (AOC). A county using credentialed interpreters full or part time may seek reimbursement under an…
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…
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…
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…
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 require tickets or press credentials, and the university may condition media entry on accepting the credential's photo and video use rules. The opinion grounds that answer in…
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…
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…
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 report aggregate data and forbids disclosure of hospital-specific information, including hospital names. The…
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…
Can a member of a Tennessee industrial-development authority board vote to make themselves the executive director?
No. If the executive director position is an office with a specific term, the Authority may not appoint one of its board members. If it is an employee position, a member has a prohibited interest in…
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…
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…
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…
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…
Can a Tennessee local government enforce zoning against a sport shooting range that's no longer meeting the state's setback requirements?
Yes. A range that fails or stops meeting § 39-17-316(c)'s setback or vegetation conditions becomes subject to applicable land use and zoning rules. Section 39-17-316(b)(2) separately protects its…
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…
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…
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…
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…
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…
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…
Can Tennessee pass a law saying residents don't have to comply with the federal health insurance mandate?
The AG concluded that a court would likely find the proposed Tennessee Health Freedom Act and HJR 745 preempted by conflicting provisions of the federal Affordable Care Act as it stood in 2010.
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…
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…
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…
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…
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,…
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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.