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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Did Tennessee's 2015 ban on speed-cam citations apply to existing contracts between cities and camera vendors, or just to new ones?
Existing contracts too. The AG concluded Chapter 468 of 2015 applied to all existing speed-camera contracts and that this was not an unconstitutional impairment of contracts. State police power suppor…
Do local school nutrition associations qualify as 'school support organizations' under Tennessee's School Support Organization Financial Accountability Act?
Probably not, as the associations were operating at the time. They are nongovernmental organizations supporting schools in the area of nutrition, which satisfies the first half of Tenn. Code Ann. § 49…
Can a Tennessee officer make a driver sign a blank screen on a tablet when issuing an electronic traffic citation, and can the officer arrest the driver who refuses?
An officer can require the driver to sign on a screen only if that screen is part of a statutorily compliant electronic citation the driver had a chance to read; a stand-alone blank screen is not a ci…
Can members of Tennessee's Underground Utility Damage Enforcement Board (UUDEB) be reimbursed for travel even though the statute says they serve 'without compensation,' and can they meet by phone or video?
Yes to reimbursement. 'Without compensation' bars salary or remuneration for service, but state travel-reimbursement rules apply to UUDEB members under Tenn. Code Ann. § 8-26-116. The Open Meetings Ac…
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…
When a defamation defendant in Tennessee invokes the source of an allegedly defamatory statement as a defense, does the plaintiff have to follow the Shield Law's divestiture-order procedure to get the source disclosed?
No. The Shield Law's divestiture-order procedure in Tenn. Code Ann. § 24-1-208(c)(1) only applies when the information or source is protected under the privilege in subsection (a). Subsection (b)'s de…
Can a Tennessee teachers' organization use dues collected by payroll deduction under PECCA to fund political communications, contribute to political-spending groups, or commingle those dues with other funds it uses politically?
PECCA bars payroll deductions obtained through collaborative conferencing from being used to engage in or pay for political communications, or to make contributions to entities that engage in politica…
What gave the Tennessee Attorney General authority to investigate a sitting member of the General Assembly (Representative Jeremy Durham), and can the legislature shut that down if it disagrees with how the AG handles it?
The AG's authority came from a resolution of an Article II, Section 12 Ad Hoc Select Committee of the House of Representatives. The committee acted under the House's constitutional power to determine …
Does Tennessee's 'sole supplier' exception let a county official contract with the county when his business is merely doing business in the county, and must an official who violates the conflict statute give back all the money he was paid?
The sole-supplier exception applies only when the county official's business is located in the county, not when it merely does business there. And under Tenn. Code Ann. § 12-4-102, an official who vio…
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)…
If a Tennessee security guard pleads guilty under judicial diversion, does that trigger the Private Protective Services Act's mandatory notice and automatic license revocation?
No to the automatic-revocation provision. The AG concluded a guilty plea under judicial diversion is not a 'conviction' under Tenn. Code Ann. § 40-35-313, so the notice and automatic-revocation provis…
When a Tennessee school board hires an outside search firm to find a new director of schools, do public records and open meetings laws apply to the firm's work?
Records the firm gathered about candidates for the school board were public records under Tenn. Code Ann. § 10-7-503(f) and had to be open for inspection. Whether the firm's own meetings fell under th…
Would Tennessee's HB 2414, requiring students to use restrooms matching the sex on their birth certificate, put schools' Title IX funding at risk?
Yes. The AG warned that under the U.S. Department of Education's then-current interpretation of Title IX, requiring a transgender student to use a restroom inconsistent with gender identity is sex dis…
Can a Tennessee city dissolve, by ordinance, an airport authority it created under the Airport Authorities Act, and can the General Assembly fix the gap by private act?
The AG concluded a municipality lacks both express and implied power to dissolve an airport authority created under the Airport Authorities Act, except in the narrow circumstance covered by Tenn. Code…
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…
Does Tennessee's $60,000 income cap for disabled-veteran property tax relief illegally tax federally exempt veterans' benefits when it counts those benefits as income?
No. The AG concluded that using VA benefits as part of the income calculation for property-tax-relief eligibility does not tax the benefits, so it does not conflict with 38 U.S.C. § 5301(a)(1)'s prohi…
Would adding 'as the elected representatives of the people' to Tennessee's public schools clause free the General Assembly from equal protection limits on how it funds schools?
No. The AG concluded HJR 493's added language was redundant of what the constitution already says, and even if it changed the public schools clause's meaning, the equal protection guarantees in articl…
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…
Could Tennessee require beer-permit applicants to have been U.S. citizens or lawful residents for at least one year before applying?
No. The AG opined that the one-year durational citizenship and residency requirement was unlikely to survive equal protection review, because it discriminated on the basis of alienage and national ori…
Was it constitutional for Tennessee to allow distilleries to sell liquor on Sundays and holidays while requiring retail liquor stores to close?
The AG concluded that the disparate hours did not violate the Commerce Clause because they applied only to in-state businesses, and did not violate equal protection because distilleries and liquor sto…
Was Tennessee AG Opinion 16-07 ever issued, or was it withdrawn?
Withdrawn. The Tennessee Attorney General's office posted a placeholder under Opinion No. 16-07 carrying only the notice 'This opinion has been withdrawn.' No substantive analysis was ever released to…
Can a Tennessee district attorney represent a petitioner seeking an order of protection, and can a public defender represent the person it is sought against?
No to both. A Tennessee district attorney general has no authority to represent a private petitioner in a civil order-of-protection proceeding; the DA represents the State and the public interest, and…
Who in Tennessee should hold the hotel liquor license when a hotel owner has hired a management company to run the food and beverage operation: the hotel owner or the management company?
Either party can hold the license. When a hotel owner franchises out the food and beverage operation to a management company, the management company may hold the liquor license required under Tenn. Co…
Can the Tennessee General Assembly pass a private act that prevents any of Bradley County's hotel-occupancy tax from being shared with cities inside the county?
Yes. The Tennessee Constitution requires that county-levied taxes authorized by the General Assembly be used for county purposes, but nothing requires the county to share that revenue with municipalit…
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 …
Can Moore County, Tennessee spend its hotel occupancy tax revenue on public restrooms for tourists?
Yes. Use of Moore County's 3% tourist accommodation tax was limited only by Article II, Section 29 of the Tennessee Constitution, which requires that the proceeds be spent for 'county purposes.' Const…
What procedure does Shelby County need to follow to assume the unpaid retiree health-benefit (OPEB) debts that Memphis City Schools left behind when it dissolved?
The Shelby County Board of Commissioners had to adopt a resolution, by a majority vote of its members, formally agreeing to assume the OPEB (Other Post Employment Benefits) indebtedness owed by the no…
Would a court ruling striking down the federal DACA or DAPA programs affect a Tennessee bill that would give in-state tuition to some unlawful immigrant students?
No. The AG concluded the bill required students to attest they had applied to 'legalize' their immigration status, while DACA and DAPA confer only 'lawful presence,' not legal status. So invalidating …
Can a Tennessee district attorney general's office digitize its paper case files for storage and then shred the originals?
Only with approval. The AG concluded the DA's case files are state records, and any reformatting or destruction requires an approved records disposition authorization from the Tennessee Public Records…
When a Tennessee general sessions court (which handles misdemeanors) revokes someone's probation, can the judge add up to two more years of probation instead of just sending them to jail?
Yes. The AG concluded that Tenn. Code Ann. § 40-35-308(c) authorizes any sentencing court conducting a probation revocation hearing, including a general sessions court, to extend probation supervision…
Do Tennessee homeowners who rent out their house, apartment, or spare room through Airbnb or VRBO owe sales tax and hotel occupancy tax, and who has to collect it, the host or the website?
Yes, both taxes apply. The AG concluded these rentals fit the statutory definition of 'hotel' under the sales tax and hotel occupancy tax statutes. The property owner, not the website, is the dealer/o…
Could Tennessee's governor or legislature refuse to accept Syrian refugees (or refugees from any particular country or religion) that the federal government had already admitted?
No. The AG concluded that any such refusal would be preempted by federal law under the Supremacy Clause. Immigration and the admission of aliens is an exclusively federal power, and Tennessee could on…
Did the Millington School Board get half of the city's local-option sales tax for school spending, the same way it would have if Shelby County had levied that tax?
No. The AG concluded the 50% schools rule in § 67-6-712 applies only to county-levied local-option sales taxes. Because Millington itself levied the 0.5% add-on, the city was not required to distribut…
After a Tennessee felony or domestic violence conviction, what firearms can the person legally own, and what does it take to get full gun rights back?
A felon or domestic-violence offender generally could not possess any firearm, including antique or black powder, except in narrow exceptions (black powder long guns for nonviolent felons; black powde…
Did Tennessee's Health Club Bond Act apply to a CrossFit, yoga, or barre studio that sold prepaid packages of group classes?
Yes. The AG concluded that a business primarily offering regular, scheduled group exercise classes for prepaid payments fit the Act's broad 'health club' definition. The 'personal training' exception …
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…
What makes someone a 'duly qualified elector' for serving on a Tennessee industrial development corporation board, and what happens if an ineligible member voted?
A 'qualified elector' meant someone with the legal qualifications to vote in a municipal election, not necessarily someone actually registered. Votes by an ineligible member were generally valid under…
Did Tennessee's four-year property tax exemption for newly built rural electric cooperative facilities pass constitutional muster?
No. The AG concluded the exemption in Tenn. Code Ann. § 65-25-122(a) was unconstitutional. Article II, § 28 limits property tax exemptions to specific categories (government, charitable, etc.), and ru…
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…
Could Nashville's voter-approved local-hire amendment force contractors to use 40% Davidson County workers on city construction jobs?
No. The AG concluded Metro's Amendment 3 conflicted with Tennessee's Contractors Licensing Act, which forbade municipalities from imposing extra requirements on state-licensed contractors or discrimin…
Can Tennessee's wildlife officers agree to enforce a city or county noise ordinance on public waters as a side gig to their boating-safety patrols?
No. The AG concluded the Tennessee Wildlife Resources Agency had no state-law authority to enforce local noise ordinances. The Interlocal Cooperation Act let agencies pool powers they already had, but…
If a Tennessee church lets a school use part of its property, does the state's no-weapons-on-school-property law apply to the church grounds?
Partly. The AG concluded the law applied only to the portions of church property actually being used by a school, and only while the school was using them. Home schooling was not covered.
Could the Tennessee legislature require its own joint resolution before the governor agreed to expand Medicaid under the Affordable Care Act?
Yes. The AG concluded the statute did not violate separation of powers. The governor could negotiate and investigate Medicaid expansion, but could not make any final, binding decision without a joint …
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…
Does a Tennessee church need to license its volunteer security team under the Private Protective Services Act, even if the volunteers carry guns?
No. Unpaid volunteer church members serving as a security team for their own church are not a 'contract security company' (no business or contract) or a 'proprietary security organization' (no employe…
Can a Tennessee city sidestep state law by outsourcing operation of a city-owned park to a private nonprofit, so the nonprofit can ban handgun carry permit holders from the park?
No. A 2015 amendment removed cities' authority to ban permitted handguns from city-owned parks. Cities can't transfer authority they don't have. Outsourcing operation, charging fees, or fencing the pa…
Do private companies that bring drug- or weapons-sniffing dogs into Tennessee public schools need a private investigator license?
Yes. A contractor providing canine detection services is an 'investigations company' and 'private investigator' under Tennessee's licensing act. None of the statutory exemptions applies. Independent c…
Can a Tennessee rural electric cooperative auto-enroll members in a charitable round-up program by default, or does the law require members to opt in first?
Opt-in only. The statute lets cooperatives accept 'voluntary contributions,' and voluntary means an informed choice. The cooperative must disclose the program's essential facts and get the member's af…
Do Davidson, Hamilton, Knox, and Sullivan counties have to pay each member of their county legislative bodies $25,000 a year under Tenn. Code Ann. § 8-24-115?
Only Knox County was ever required to, and only from 1975 to August 31, 1980. The 1975 statute applied only to counties with a 'commission form of government,' a phrase that was dropped during codific…
Was Tennessee's 2015 bill giving property tax credits to marina operators on federal Corps of Engineers land constitutional?
No. The AG concluded HB 459 violated the uniform taxation requirement of the Tennessee Constitution because it effectively exempted commercial marina property on federal land from the same property ta…
Do Tennessee private high schools have to use the state's 4.0 grading scale for their students to qualify for HOPE scholarship eligibility?
No. The AG concluded HOPE eligibility can be established either through the state's uniform 4.0 grading scale or through any other grading method that allows mathematical conversion to that scale.
When Tennessee said the Foreign Language Institute is 'attached to the board of regents for administrative purposes,' did that make TFLI staff Board of Regents employees instead of state employees?
No. Attaching one agency to another 'for administrative purposes' covers management and supervision, but does not change employee classification. TFLI staff remain State of Tennessee employees for ben…
Would Tennessee's 2015 bill requiring 90 days' notice to neighbors before opening a state group home for people with disabilities run afoul of the federal ADA?
Possibly. The AG couldn't predict exactly how the bill would play out, but warned that any notice requirement that decreased availability of community-based housing and pushed disabled people back to …
Can a Tennessee school district share student names and addresses with a charter school in the district, and can a citizen get a student's phone number through a public records request?
The district can share names and addresses with the charter if it determines the charter has a legitimate educational interest. The disclosure is permissive, not mandatory. But the district cannot rel…
Can a Tennessee county or city create more than one tourism development authority under the 2012 enabling statute?
Yes. Although the statute mostly refers to 'the authority' in the singular, Tennessee's default canon reads singular references to include the plural absent a contrary intent, and nothing in the act l…
What's the correct Tennessee registration class for a private contractor's school buses operated under contract with a county to transport students?
Register them under Tenn. Code Ann. § 55-4-112(a) as for-hire passenger vehicles, with the fee depending on seating capacity. They are not 'private buses not for hire' under § 55-4-111, and they are n…
Did Tennessee's 2015 law reclassifying high-volume abortion clinics as ambulatory surgical treatment centers force them to get a Certificate of Need before they could be licensed?
No. The AG concluded that the legislature, in shifting these existing practices into the ASTC licensing regime, did not silently impose a multi-month CON pre-requirement that would have made complianc…
Can the Wilson County Commission stop collecting the $2-per-head domestic animal tax authorized by a 1980 private act, even though the voters approved the tax?
Yes. The 1980 private act 'authorized' the commission to impose the tax; it did not require it. The voters approved the act, not the tax itself. The commission has discretion to impose or rescind, and…
Who maintains county roads that pass through Tennessee state forests, the Tennessee Department of Agriculture or the county?
The county. State forest acquisition does not relieve a county of its maintenance duty for roads that were already county roads. The Department of Agriculture is responsible only for forest roads, not…
Who maintains the one-mile access road to the Narrows of the Harpeth in a Tennessee state park, the state or Cheatham County?
The AG could not say. Maintenance depends on whether the road is a 'county road' (created by county dedication and acceptance), which is highly fact-specific. If the state is responsible, the Departme…
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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.