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 a biological half-sibling a 'family member' under Tennessee's Alcoholic Beverage Commission conflict-of-interest rule, even if one of them was adopted out by different parents?
Yes. Half-siblings are family members under § 57-1-108. The statute's list of relatives uses 'including,' which Tennessee courts treat as illustrative rather than exclusive. Nephews and nieces are lis…
Can a Tennessee private K-12 school that also runs a preschool on the same campus let its teachers carry concealed handguns under § 49-50-803?
Yes, as long as the school adopts the policy in compliance with § 49-50-803 and only allows faculty with a valid Tennessee enhanced handgun carry permit (not the concealed carry permit under § 39-17-1…
Can a Tennessee enhanced handgun carry permit holder still be charged with the firearm-after-DUI offense if their DUI history doesn't disqualify them from the permit?
No. The DUI lookback in the firearm-after-DUI statute mirrors the DUI lookback in the permit eligibility statute. If your DUI history is old enough that you can lawfully hold an enhanced permit, the o…
If a Tennessee director of schools breaks the rule against side contracts or extra paid work, does the school board have to fire them, or can the board choose a lighter penalty?
The board has to fire them. The 'shall' in Tenn. Code Ann. § 49-2-301(c) is mandatory, not discretionary. A director who is duly found to have taken outside contracts under the board, accepted additio…
If I'm a witness or attorney participating remotely in a Tennessee court hearing from my home or office, can I still carry a handgun there?
Yes. The AG concluded that Tennessee's prohibition on weapons 'inside any building in which judicial proceedings are in progress' applies only to courthouses and similar buildings where a judge custom…
Must a Tennessee general sessions court clerk report every judicial waiver of litigation tax to the Department of Revenue?
Yes. § 67-4-605(c) requires every Tennessee court clerk, including general sessions court clerks, to report a judge's suspension, waiver, or release of any privilege tax on litigation to the Departmen…
Does a Tennessee legislator have to disclose travel paid for by a foreign government, or does the 'governmental entity' exemption cover it?
Probably yes (must disclose). The Tennessee AG concluded the disclosure exemption for travel paid by a 'governmental entity' is ambiguous on foreign governments, but the statutory context and legislat…
When the legislature creates new judgeships and points to a procedure that depends on a body the legislature has already abolished, how does the Trial Court Vacancy Commission actually fill the seats?
The Tennessee Trial Court Vacancy Commission should follow Tenn. Code Ann. § 16-2-512 as far as possible to fill the three new judgeships created by SB 5/HB 10. Because the Judicial Council was termin…
If a small Tennessee city's interstate ramps are within city limits but only one lane of the highway between them is, can the city's police enforce traffic laws on that stretch?
No. A Tennessee municipality with a population of 10,000 or less may enforce the rules of the road on an interstate only when the contiguous stretch between its two entrance and two exit ramps lies so…
Is it a crime in Tennessee to possess the Kratom plant in its natural, unprocessed form?
No, according to the AG. Tennessee's controlled-substance law (Tenn. Code Ann. § 39-17-452) prohibits only synthetic forms of mitragynine and 7-hydroxymitragynine, specifically those derived from 2-am…
When a Tennessee sheriff levies on a debtor's bank account to satisfy a judgment, is the $40 levy-of-execution fee allowed instead of the $20 collection-of-money fee?
Yes, according to the AG. A levy of execution on funds held in a bank account is a levy of execution on property under § 8-21-901(a)(2)(A), so the $40 fee applies. The general $20 fee in subsection (B…
When a Tennessee sheriff serves a levy of execution on a debtor's bank account, can the sheriff charge the $40 levy-of-execution fee or only the $20 fee for collecting money to satisfy a judgment?
The AG concluded the $40 fee applies. A levy of execution on bank-held funds is still a levy of execution on property under § 8-21-901(a)(2)(A), and the specific provision controls over the general $2…
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 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 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…
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 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…
Can employees of private traffic camera companies in Tennessee preview footage and flag possible red-light violations before sending the clips to a police officer for a final call?
No. The AG read Tenn. Code Ann. § 55-8-198(b)(1)'s 'only POST-certified or state-commissioned law enforcement officers' clause to bar any substantive violation review by private vendor employees, incl…
Does Tennessee's rule that wholesalers must offer the same discounts and pricing terms to all retailers mean wholesalers cannot extend 10-day credit to liquor stores, because grocery store wine licensees must pay on delivery?
No. The AG harmonized the three statutes: the general price-uniformity rule in Tenn. Code Ann. § 57-3-404(i) is subject to the more specific credit-sales rules in § 57-3-404(g) (10 days for retailers)…
Are paid fantasy sports contests with cash prizes illegal gambling under Tennessee law?
Yes. The AG concluded that fantasy sports contests fall within Tennessee's broad statutory definition of 'gambling' because participants risk an entry fee for a profit whose return is to some degree c…
Can a Tennessee county levy the $10 jail-construction litigation tax on top of both $25 litigation taxes under Tenn. Code Ann. § 67-4-601(b)?
Yes. The AG read the statute's 'notwithstanding any law to the contrary' and 'in addition to' language to authorize counties to stack all three litigation privilege taxes, provided each was adopted by…
Can a Tennessee driver be sent to jail for a misdemeanor traffic violation under § 55-8-197 that causes serious bodily injury or death, or is the punishment limited to fines?
Fines only. Punishment for a Class A or Class B misdemeanor under Tenn. Code Ann. § 55-8-197 was limited to the fines specifically provided in subsection (c) ($250 for serious bodily injury; $500 for …
Did Tennessee's sex offender residency law force someone to move out of a home they had lived in for years, just because the home turned out to be within 1,000 feet of their victim?
Yes. The AG concluded the prohibition on a sexual offender 'residing' within 1,000 feet of a victim was absolute. It made no exception for residences established before the offense. The offender had t…
Can a Tennessee city council use its charter subpoena power to get investigative records from the Tennessee Bureau of Investigation?
No. State law allows TBI investigative records to be released only with a subpoena or order 'of a court of record.' A city council is not a court of record, so its subpoenas don't meet the statutory t…
Can a Tennessee county use proceeds from its adequate facilities tax to pay debt service on bonds issued to build a new justice center?
Yes, if the justice center is reasonably related to new development. The 2015 opinion read the Maury County Adequate Facilities Tax act to permit using the funds either to pay project costs directly o…
Does Tennessee's 2014 textbook quality law apply to textbooks already in use, and is the textbook commission liable for approving books that turn out to have errors?
The 2015 opinion concluded the law applies only going forward, so it does not reach textbooks already in use before January 1, 2015. The Textbook Commission can technically violate the law by recommen…
Can a Tennessee arrest warrant list more than one criminal charge on the same piece of paper?
No. The 2015 opinion concluded Tennessee's warrant statutes and Rule 4 are written entirely in the singular, so an arrest warrant should contain only one criminal charge. Multiple charges should be on…
Can someone who got 'ordained' online by the Universal Life Church legally officiate a wedding in Tennessee?
No. Tennessee's marriage-solemnization statute requires ordination through a 'considered, deliberate, and responsible act' under a religious group's customs. Online ULC ordination, which requires only…
Is the fireworks-sales exception for small municipalities in Tennessee's largest counties limited to specific businesses or available to anyone in those cities?
Not limited. The exception in Tenn. Code Ann. § 68-104-112(a)(4) applies to any seller in a qualifying municipality (population 600-620 per the 1980 census, in counties over 335,000 per 2010 census, t…
Can a registered sex offender go to their own child's school football game in Tennessee?
No. Tenn. Code Ann. § 40-39-211(d) bars sex offenders from being on school premises or public athletic fields when children under 18 are present. The only relevant exception is for parents attending a…
Is the date a Tennessee workers' compensation policy is cancelled a public record under the insurance confidentiality statute?
No. A cancellation date is not a 'policy expiration date' under Tenn. Code Ann. § 50-6-421(b)(3), so the cancellation date remains confidential under § 50-6-421(a). The AG distinguished cancellation (…
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 refundi…
Would Tennessee's proposed 'guns in parking lots' bill (SB142) replace or just add to the existing exceptions for firearms on school property?
It would just add to the existing exceptions. The AG concluded that SB142 did not explicitly or implicitly repeal the existing exceptions in Tenn. Code Ann. § 39-17-1309(c)(1) (nonstudent adult firear…
Does a Tennessee non-violent expungement under the 2012 law cost $350 or $450 in court fees?
$350. The fee for filing an expungement petition under 2012 Tenn. Pub. Acts ch. 1103 is $350; the $100 expungement fee in Tenn. Code Ann. § 8-21-401 does not apply on top. The specific Chapter 1103 fe…
If a Tennessee local school board fails to act on an amended charter school application, is it approved or denied?
Approved. The Tennessee AG concluded that effective July 1, 2012, Tenn. Code Ann. § 49-13-108(a)(2), as revised by 2012 Tenn. Pub. Acts ch. 1021, deems an amended charter school application approved i…
If there's a tie vote in a Tennessee single-county election, can a runoff replace the county commission's deciding vote?
No. The Tennessee AG concluded that Tenn. Code Ann. § 2-8-111(1) is the exclusive way to resolve a tie vote in a single-county or civil-district election: the county legislative body 'shall cast the d…
When recalling a Tennessee district officeholder, do you need signatures from 15% of the whole city or county, or just the district?
The whole city or county. The Tennessee AG concluded Tenn. Code Ann. § 2-5-151(d) requires 15% of the registered voters of the entire municipality or county, even when the recall targets a single-dist…
When can a Tennessee beer wholesaler remove and replace beer at a retailer for 'quality control' reasons, and what other refunds are allowed?
A wholesaler may pull and replace beer from a retailer at any time after delivery if the wholesaler determines the beer fails 'quality control standards' (deterioration or improper packaging/handling)…
Can the Tennessee Historical Commission pay for journals published by private historical societies?
Yes. The Tennessee AG concluded that Tenn. Code Ann. § 4-11-103(b)(2), which authorizes the Historical Commission to administer public funds 'for historical purposes,' is broad enough to fund journals…
If a Tennessee charter school moves to a bigger building, can it enroll more students than its charter agreement allows?
No. The Tennessee AG concluded that if a charter agreement caps student enrollment, the charter school is bound by that cap until the agreement is amended through the statutory process. Moving to a la…
Can a Tennessee church run a Parents' Day Out program more than two days a week if no individual child attends more than two days?
No. The Tennessee AG concluded that the licensure exemption in Tenn. Code Ann. § 71-3-503(a)(7) limits the church's program itself to no more than two days per week and six hours per day. The exemptio…
Does a police officer standing near a Tennessee red-light or speed camera make the device 'manned,' so that the statutory restrictions on automated enforcement no longer apply?
No. The AG concluded that a traffic enforcement camera remains 'unmanned' under Tenn. Code Ann. § 55-8-198 even when an officer is passively present, as long as the device collects evidence automatica…
Can a Tennessee county apply its courthouse-security litigation tax to some types of cases (or courts) and not others?
No. The AG concluded the privilege tax authorized by Tenn. Code Ann. § 67-4-601(b)(6) had to be levied on all civil and criminal cases in all courts within the county. The word 'all' in the statute de…
Can the Tennessee Department of Finance or another state agency override pay raises the State Board of Education approves for its own staff?
Yes. Even though the State Board of Education has authority to fix the compensation of its Executive Director and (with the Executive Director's recommendation) its other employees under Tenn. Code An…
Can a small Tennessee K-12 school that opened before 1961 build a new high school building even though it has fewer than 300 high school students?
No. Greenback Public School opened in 1921 and has maintained a high school continuously since then. The 300-pupil minimum daily attendance requirement in Tenn. Code Ann. § 49-6-403(b)(2)(A) was enact…
Does a Tennessee county have to charge the same archives and records management fee for every type of filed record?
No. Tenn. Code Ann. § 10-7-408(b) authorizes a county legislative body to charge an archives and records management fee on filed public records, but the only constraint it imposes is that the fee not …
Are sheriff's offices, police, and fire departments exempt from Tennessee's x-ray machine registration fee?
Yes. The AG concluded that 'public safety agencies' in Tenn. Code Ann. § 68-202-503(d) carries its plain meaning and covers law enforcement, firefighters, first responders, and other entities whose pu…
If a payday lender takes an electronic debit instead of a paper check, do Tennessee's payday-loan rules still apply?
No. The AG concluded that 'check' under Tennessee's Deferred Presentment Services Act (the state's payday-loan statute) means a conventional paper check signed by the maker. Electronic fund transfers …
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…
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…
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…
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 Ann.…
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 Qualit…
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 la…
Could Tennessee constitutionally bar registered sex offenders from living in Board of Regents student housing, including retroactively?
A proposed Tennessee bill barring students who are registered sex offenders from residing in any Board of Regents student housing would apply only to Board of Regents institutions (not the UT system) …
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 inundated…
Where does a Tennessee judicial district drug task force agent get police authority if hired directly by the task force?
From Tenn. Code Ann. § 8-7-110(a). The director of the task force, with the consent of the supervising district attorney general, can commission personnel hired directly by the task force, giving them…
When a Tennessee appraiser does an 'evaluation' for a federally regulated bank, is that evaluation also an 'appraisal' subject to USPAP standards?
No, as long as the evaluation stays within the strict confines of Tenn. Code Ann. § 62-39-104(d): the federal regulator does not require a state-licensed appraisal, the evaluation is used solely by th…
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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.