Tennessee Bill Preventing Government Overreach During States of Emergency Passes Senate Committee

Image Credit: TN General Assembly

The Tennessee Conservative [By Adelia Kirchner] –

A bill to ensure that any Tennessean with a lawful occupation or means of livelihood could not be categorized as “non-essential” during future states of emergency, as was previously done in the name of Covid-19, passed in the Senate Judiciary Committee by a 6-2 vote on Tuesday.

Senate Bill 1048 (SB1048), sponsored by Sen. Janice Bowling (R-Tullahoma-District 16), “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.”

SB1048 also allows Tennesseans harmed by a violation of this legislation to bring suit against a state or local public official that has declared that individual “non-essential” or told them they cannot go to work and provide for themselves or their family.

“This piece of legislation applies the lessons learned from the Covid-19 pandemic. It reaffirms that all legal work is honorable and serves a purpose in our communities,” Sen. Bowling told committee members. “It reaffirms that each Tennessean has the right to pursue a lawful career of their choosing. It reaffirms that the ability to earn a living is a basic civil right. Reminds us, as Thomas Jefferson so eloquently articulated in the Declaration of Independence, that the role of government is to secure these rights, and it establishes a way for Tennesseans to seek a remedy if they are prevented from carrying out the lawful duties of their legal occupations.”

Committee Chair Todd Gardenhire took a minute to read over the legislation to make sure he understood it. There was otherwise no discussion on SB1048 in committee. 

Republican Senators Bobby Harshbarger, Kerry Roberts, Paul Rose, Brent Taylor, Dawn White, and Todd Gardenhire all voted in favor of the legislation.

Only Democrat Senators Sara Kyle and London Lamar voted against it.

SB1048 has been sent to the Senate Calendar Committee to be scheduled for a vote on the Senate floor.

The corresponding House Bill 562 (HB0562) is sponsored by Rep. Monty Fritts (R-Kingston-District 32) and recently passed in the House Public Service Subcommittee by a 5-1 vote. 

2 Tennessee Bills Preventing Government Overreach During States Of Emergency Move Forward In House

HB0562 is scheduled for consideration in the full House State and Local Government Committee on Wednesday, April 2^nd, 2025.

HB0562/SB1048 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.

Rep.john.crawford@capitol.tn.gov, rep.dave.wright@capitol.tn.gov, rep.rush.bricken@capitol.tn.gov,
rep.jeff.burkhart@capitol.tn.gov, rep.ed.butler@capitol.tn.gov, rep.michele.carringer@capitol.tn.gov, rep.jesse.chism@capitol.tn.gov, rep.vincent.dixie@capitol.tn.gov, rep.rick.eldridge@capitol.tn.gov,
rep.dan.howell@capitol.tn.gov, rep.tom.leatherwood@capitol.tn.gov, rep.mary.littleton@capitol.tn.gov, rep.greg.martin@capitol.tn.gov, rep.jake.mccalmon@capitol.tn.gov, rep.larry.miller@capitol.tn.gov,
rep.bo.mitchell@capitol.tn.gov, rep.jerome.moon@capitol.tn.gov, rep.jason.powell@capitol.tn.gov, rep.dennis.powers@capitol.tn.gov, rep.tim.rudd@capitol.tn.gov, rep.iris.rudder@capitol.tn.gov, rep.gabby.salinas@capitol.tn.gov, rep.todd.warner@capitol.tn.gov

About the Author: Adelia Kirchner is a Tennessee resident and reporter for the Tennessee Conservative. Currently the host of Subtle Rampage Podcast, she has also worked for the South Dakota State Legislature and interned for Senator Bill Hagerty’s Office in Nashville, Tennessee. Adelia is The Tennessee Conservative’s on-site reporter for the Tennessee General Assembly. You can reach Adelia at adelia@tennesseeconservativenews.com.