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TN HB0562

TN HB0562
AN ACT to amend Tennessee Code Annotated, Title 58, Chapter 2, relative to emergency powers.


summary

Introduced
01/29/2025
In Committee
04/02/2025
Crossed Over
Passed
Dead

Introduced Session

Potential new amendment
114th General Assembly

Bill Summary

As introduced, prohibits a person, political subdivision, or public official, in connection with a state emergency, from categorizing or proclaiming by order, rule, or regulation that a lawful occupation is non-essential, or otherwise proclaiming by order, rule, or regulation that a lawful occupation is prohibited from operating based on what the lawful occupation is; specifies that a person harmed by a violation of the prohibition may bring a civil action for actual damages or declaratory relief. - Amends TCA Title 58, Chapter 2.

AI Summary

This bill amends Tennessee law to restrict how state and local governments can regulate businesses during a declared state of emergency. Specifically, the bill defines a "lawful occupation" as any legal profession or business and prohibits political subdivisions or public officials from categorizing such occupations as "non-essential" or preventing them from operating during an emergency. The bill provides important protections for businesses, allowing them to continue operating even during emergency situations like a pandemic. If a political subdivision or public official violates this restriction, the affected business can file a civil lawsuit to seek damages or a declaratory judgment. Moreover, the public official who violated the restriction could be personally liable for such actions. The law would also require courts to award litigation costs and attorneys' fees to businesses that successfully prove a violation. The bill will take effect on July 1, 2025, and will apply to any prohibited conduct occurring on or after that date. The legislation does not protect businesses that are operating in violation of state or federal law.

Committee Categories

Government Affairs, Labor and Employment

Sponsors (20)

Last Action

Sponsor(s) Added. (on 04/10/2025)

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