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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How does Tennessee's expunction statute for pre-1989 nonviolent offenses actually work? Which offenses qualify, and can someone with more than one conviction apply?
The 2012 expunction statute for pre-1989 nonviolent offenders is fact-specific: trial courts decide case-by-case whether a particular offense involved a substantial risk of physical force. Sentence…
If a citation for a state crime tells the defendant to appear in a Tennessee municipal court, can the city prosecutor or city attorney handle the case, or does only the district attorney general have authority?
The district attorney general remains the only person with authority to prosecute a Tennessee state criminal offense in municipal court. A citation directing the defendant to that court does not…
Can Jellico or a Tennessee county using the 1981 financial management system sell surplus land privately?
Jellico may sell surplus land privately if it finds that method most advantageous and follows its charter's ordinance procedure. A county under the County Financial Management System of 1981 must…
Do Tennessee school officials have to report it to the state when one student texts another a nude photo of themselves or someone else?
Probably yes, if the photo shows a child (under 18) and the nudity involves 'lascivious exhibition' of breast, genitals, buttocks, anus, or pubic or rectal area, and the official knows or has…
What does a Tennessee school district have to do to set up an online public school, and does the state Department of Education have to approve it?
An LEA can establish a virtual school by complying with the Virtual Public Schools Act: a Tennessee administrative office, enrollment cap of 1,500 (with exception for proven student growth),…
Can a Tennessee county or city charge a tipping fee on recycling facilities or on businesses that grind wood waste into mulch?
No under the solid waste statutes analyzed here. The Act's tipping and disposal fees concern solid waste disposed at a facility, while recovered materials are not solid waste. The Solid Waste…
Can a Tennessee county apply zoning rules to a farmer's or farmworker's house on a working farm?
Generally no. Tenn. Code Ann. § 13-7-114 exempts farmer and farmworker housing on farm property from county zoning because it is incidental to the agricultural enterprise, unless the property is…
In Tennessee, who counts as a 'humane society' for animal cruelty enforcement, and can a humane society's agents arrest people or seize animals?
A qualifying humane society may incorporate under Tennessee's for-profit or nonprofit corporation laws, with its cruelty-prevention purpose shown in its charter or other organizing documents. Its…
When does Tennessee stop the state retirement benefits of an employee convicted of a felony arising from their job?
Benefits stop on a guilty verdict, a finding of guilt in a bench trial, or a guilty or nolo contendere plea, even before sentencing. Tenn. Code Ann. § 8-35-124(b)'s 'initial conviction' language…
Can someone serve on both the Roane County Election Commission and the Roane County Board of Public Utilities at the same time?
No. Tenn. Code Ann. § 2-1-112(a)(1) bars government employees from county election commissions. The AG found that the compensation paid to Roane County's utility board members made them county…
Can the Tennessee Governor still appoint judges after the Judicial Nominating Commission was 'sunset' and shut down?
Yes. Tenn. Code Ann. § 17-4-113 (added in 2009) is a failsafe: if the JNC doesn't furnish a list of nominees within 60 days of the governor's notice of a vacancy, the governor may appoint any…
Did Tennessee's 2013 appropriations bill unconstitutionally try to transfer the Alvin C. York Institute from the state Board of Education to Fentress County?
No, because the provision only expresses 'legislative intent' that the Commissioner of Education develop a transition plan. It doesn't actually transfer authority. To actually transfer the York…
If a Tennessee county pays for school resource officers in only one school district from its general fund, does the city school district get a proportional share of those funds?
No. SROs are law enforcement, not school operations. Their cost comes from the county general fund, not from school taxes. So a county paying for SROs in county schools doesn't owe a matching…
Can a Memphis bar on a street that crosses Beale Street (north or south) qualify for the same 5 a.m. alcohol-sales window that Beale Street businesses get?
No. The 5 a.m. extended-hours rule for Beale Street under Tenn. Code Ann. § 57-4-203(d)(4) only covers establishments inside the Beale Street Historic District (Beale Street from Main to Fourth) or…
Does Tennessee's charter school funding law unconstitutionally shift costs to local school districts under the state-spending clause of the Tennessee Constitution?
No. The Charter Schools Act doesn't directly require local school districts to spend more, it just makes existing per-pupil dollars follow the student. And even if it did increase local spending,…
If a Tennessee city's annexation ordinance was finalized by court settlement before Tennessee passed a 2013 annexation moratorium, can the new moratorium retroactively undo that annexation?
No. Once a quo warranto challenge was resolved by an agreed court order and the parties' rights became vested, the Tennessee Constitution's ban on retrospective laws prevented the 2013 moratorium…
Can the Tennessee legislature pass a private act forcing one county's general sessions court to use the county probation office (and only that office) to supervise misdemeanor probationers?
Yes. Tenn. Code Ann. § 40-35-302 doesn't require courts to consider all qualified providers, so a private act picking one county provider doesn't conflict with general law. And because supervising…
Can a Tennessee school district spend its leftover education fund balance on recurring expenses, or only one-time costs?
It can spend the balance above 3% of the annual budget on any educational purpose, recurring or non-recurring, if the school board recommends it. The 2005 amendment removed the old rule limiting…
If a Tennessee driver hits a bicyclist or pedestrian who was using the road properly, is the crash itself proof the driver failed to exercise due care?
No. Tennessee uses a reasonable-person standard. The fact of a crash, even with a lawfully riding cyclist or a pedestrian in a crosswalk, does not automatically mean the driver breached the duty of…
Can a Tennessee county use the $5 records-preservation fee to build, buy, or lease a building that is partly used for archives and partly used for other county business?
Yes, but records fees may fund only the parts used to duplicate, store, or maintain records required to be kept permanently. They cannot fund other uses of the building or an entire lease that…
Can a Tennessee city or county prohibit shooting guns within its borders?
Yes. Tennessee's firearms preemption statute only blocks local rules on transfer, ownership, possession, or transportation of firearms. It does not cover discharge, so cities and counties can…
Can a Tennessee city or county buy liability insurance from a private company without taking competitive bids?
Only if the insurance is bought through a plan approved by an organization representing Tennessee cities and counties. Otherwise, normal competitive-bidding rules apply. The professional-services…
Does a Tennessee police department have to follow special due-process steps before issuing a written reprimand to an officer?
No, not unless that reprimand also dismisses, demotes, suspends without pay, or transfers the officer for punitive reasons. Tenn. Code Ann. § 38-8-304 only triggers when one of those four employment…
Can one person hold both the City Administrator and Police Chief jobs in Algood, Tennessee?
No. Algood's ordinance requires the city administrator to devote full time to that office. The AG also found that the administrator's supervision of the police chief would likely create a statutory…
When a Tennessee judge issues an attachment for a parent over 30 days behind on child support, must the bond be cash only?
No. Tenn. Code Ann. § 36-5-101(f)(2) sets a bond of at least $250 and allows the court to set it up to the arrears, but it does not require a cash-only bond. The opinion does not decide whether a…
Can a Tennessee regional planning commission force homebuilders to install sprinklers in subdivisions where fire hydrants can't reach within 1,000 feet?
Yes, but only with a separately considered ordinance or resolution adopted by a 2/3 vote with the statutory readings procedure under Tenn. Code Ann. § 68-120-101(a)(8)(B)(i). The…
Can a Tennessee Department of Health nurse teaching family-life class be personally sued under § 49-6-1306 if she mentions contraception?
Family life educators must follow Tenn. Code Ann. §§ 49-6-1301 to -1307, including the bar on promoting 'gateway sexual activity' and the limited contraception-information rules. State Department of…
Does Tennessee's service-dog law for restaurants and stores still hold up after the 2013 update, or does the federal ADA preempt it?
Tenn. Code Ann. § 62-7-112, as amended in 2013, is consistent with the ADA's service-animal regulations (28 C.F.R. § 36.302(c)) and is not preempted. The statute now mirrors the federal rules: no…
Does Tennessee annexation by ordinance violate property owners' constitutional rights when they don't get to vote on being absorbed by the city?
No. Absent invidious discrimination or violation of the one person, one vote principle, annexation by ordinance under Tenn. Code Ann. § 6-51-102 is constitutional. Neither the U.S. nor the Tennessee…
Can Tennessee bar Metro Nashville's Fair Board from using the trademark 'Tennessee State Fair' even though the Board registered it first?
Yes. The Tennessee State Fair and Exposition Act, Tenn. Code Ann. § 4-57-106, restricts use of 'Tennessee State Fair' to entities authorized by the Department of Agriculture and the Commission. A…
Can the City of Cleveland require Bradley County property owners to get a city plumbing permit just to hook up to city-owned sewer, even when the county now issues its own plumbing permits?
Yes. Tenn. Code Ann. § 68-120-101 doesn't bar the City of Cleveland from requiring an additional plumbing permit from property owners outside its limits as a condition of connecting to Cleveland…
Can a Tennessee bar or restaurant refuse entry to people wearing motorcycle club colors, or does that violate civil rights laws?
Yes, a private bar, restaurant, or similar establishment can deny admittance to people wearing motorcycle club insignia. The First Amendment and Fourteenth Amendment constrain only government…
Can Tennessee criminalize the use of a bank's name or non-public loan information in a solicitation without specific disclosures, or does the First Amendment protect that speech?
Yes, Tenn. Code Ann. § 45-2-1709(a)(1)(D) and (E) are constitutional. The mandatory bold-face disclosures (solicitor identity, non-affiliation statement, no-sponsorship statement, and source of loan…
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…
Who in Tennessee can legally use flashing blue lights on a vehicle, and can funeral escort services run blue lights or sirens?
Full-time, salaried, uniformed law enforcement officers may use flashing blue lights on personal vehicles when their official duties so require, on or off duty. Reserve officers can use blue lights…
Can a Tennessee clinical lab pay an EHR software company to install software for a physician's office that refers specimens to the lab?
No, not for Tennessee physician practices. Tenn. Code Ann. § 68-29-129(7) prohibits implied or unearned remuneration to physicians who refer specimens, and paying a third-party EHR vendor on the…
Can Tennessee charge Shelby County drivers outside Memphis a fee to help pay for Memphis's vehicle emissions testing program?
TDEC and the Air Pollution Control Board have authority under Tenn. Code Ann. § 11-1-101(f) and § 68-201-105(a)(1)(A) to set fees for an emissions program. But charging non-Memphis Shelby County…
Can the Tennessee legislature extend the term of the Shelby County General Sessions Court Clerk so the election lines up with other Shelby County offices?
Yes, the General Assembly may extend the clerk's term by amending Chapter 123 of the 1941 Private Acts, but the amendment must be approved by either a two-thirds vote of the Shelby County Commission…
Are records in a Tennessee county mayor's office subject to the county public records commission, and what happens if someone destroys them without authorization?
Yes, records in the county mayor's office are public records under Tenn. Code Ann. § 10-7-403 and subject to the county public records commission. County offices may destroy public records without…
Can the Carroll County Watershed Authority issue refunding bonds to refinance its lake-project debt, and how much new debt can it issue?
The CCWA may issue bonds for capital projects related to developing Carroll County resources, capped at a $12 million total under Tenn. Code Ann. § 64-1-804(a)(7). It has no authority to issue…
Can Tennessee legally ban billboard advertising of alcohol in counties that vote dry, and what happens if a city inside a dry county votes wet?
Yes. Tenn. Comp. R. & Regs. 0100-03-.05(1), which bans sign and billboard advertising of alcohol in counties that have not legalized alcohol sales, survives First Amendment review under Central…
Who starts a Tennessee deannexation vote, and do residents have a state constitutional right to demand one?
Under Tenn. Code Ann. § 6-51-202, only the city or town legislative body can start a deannexation referendum, and it must do so by ordinance. The general charter-referendum provisions in § 2-5-151…
Can a Tennessee city or county buy used equipment from a private seller without bidding, using Craigslist prices to set value?
No. The AG concluded a website listing of similar used items is not a 'nationally recognized publication' establishing fair market value under Tenn. Code Ann. § 12-3-1003(b). To purchase used or…
Does Tennessee's lower 53-cent 911 fee for prepaid wireless apply to unlimited monthly plans, or does the full $1.00 charge apply?
The full $1.00 charge applies. The AG concluded an unlimited prepaid plan (flat monthly fee, no declining-balance feature) does not qualify as 'prepaid wireless telecommunications service' under…
Can Tennessee pre-need funeral sellers combine their individual trusts into one statewide trust fund?
No. The AG concluded the Tennessee Prepaid Funeral Benefits Act (Tenn. Code Ann. §§ 62-5-401 to -417) requires each pre-need seller to establish its own trust fund. The Act permits a seller to…
Did Tennessee's 2013 parking-area firearms law prevent an employer from firing an at-will employee for bringing a gun onto its property?
No. The AG concluded Chapter 16 created a limited exception to certain criminal prohibitions for permit holders, but did not alter the employment relationship or bar termination for possessing a…
Does Tennessee's 2004 Anti-Rabies Law override Wilson County's 1980 private act that taxes domestic animals to fund the local humane association?
No. The AG concluded the Tennessee Anti-Rabies Law (Tenn. Code Ann. §§ 68-8-101 to -113) did not repeal or supersede Wilson County's 1980 Private Act 242 because the two laws serve different…
Can the state require people who record livestock abuse to turn over the videos and report to law enforcement within 48 hours, or does that violate the First Amendment?
The AG concluded HB1191 was constitutionally suspect on three First Amendment grounds (underinclusiveness, possible prior restraint if the bill required surrender of all copies, and burden on…
Can a company that's partly owned by a Tennessee Board of Regents member bid as a subcontractor on a TBR contract?
No. The AG concluded Tenn. Code Ann. § 49-8-203(d), which makes it unlawful for any TBR board member to be financially interested in any contract or transaction affecting any institution governed by…
Was Tennessee's 2012 population-bracket exemption for Williamson County from the Move on When Ready Act constitutional?
The AG concluded a court would likely find that specific exemption unconstitutional as invalid class legislation because the office could identify no rational basis for excluding Williamson County…
Can the Tennessee Public Guardianship Program pay bills of a deceased client and bill the estate later, and is the current bond enough to cover the program?
On bill payment after death: no. A district public guardian's authority ends at death (except for funeral arrangements), so the guardian cannot pay post-death bills even with an indemnification…
Can the state convict someone of continuously sexually abusing a child even if the jury can't agree on which specific incidents happened?
Mostly yes. The AG concluded HB1293's proposed offense of continuous sexual abuse of a child was defensible on jury unanimity grounds because the offense is a continuing course of conduct (jurors…
When a Tennessee school district's enrollment falls but its charter schools grow, which year's charter enrollment determines BEP funding?
The AG concluded that the district had to allocate funds to its charter schools based on the students attending them in the current school year, even though the district's BEP funding was based on…
Can the state bar insurance companies from giving discounts based on group membership or employer affiliation?
Yes. The AG concluded Tenn. Code Ann. § 56-8-104(18), which prohibits insurance companies from offering insurance discounts or other preferences based on a person's affiliation with or employment by…
Can Tennessee give state gasoline tax revenue to a private property owners association to maintain private roads that the public uses?
Yes. The AG concluded that allocating part of the state gasoline tax to a private property owners association for maintaining privately-owned roads that are open to public travel would be a…
When a city's planning commission also serves as the regional planning commission for the city's urban growth area, can it require developers in that area to post performance bonds and submit to city inspection?
Yes. Once designated as the regional planning commission for an urban growth area, a municipal planning commission may enforce subdivision regulations there, including bonds or letters of credit and…
How can citizens remove an elected county property assessor for misconduct in Tennessee?
The Attorney General identified an ouster action under Tenn. Code Ann. §§ 8-47-101 to -127 and recall where a local charter permits it. Ten or more citizens and freeholders may bring an ouster…
Can a state require everyone in a polling place to be a U.S. citizen?
The Attorney General found HB985 constitutionally suspect under equal protection. The proposed citizenship rule would reach the press, voter assistants, authorized observers, and poll watchers,…
Can Tennessee value solar and wind power property at less than its full installed cost for property tax purposes?
Yes. The AG concluded the proposed amendment to SB1000, which would have capped initial property-tax valuation of wind facilities at one-third of installed cost and solar facilities at 12.5% of…
Are private-school voucher programs allowed under the U.S. and Tennessee Constitutions?
Yes, on a facial challenge. The AG concluded HB190 (the Tennessee Choice & Opportunity Scholarship Act), which would have provided income-eligible students in the bottom 5% of public schools…
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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.