Image Credit: TN General Assembly
The Tennessee Conservative [By Paula Gomes] –
A bill that seeks to prevent government overreach in future pandemics or other state emergencies was returned to the House Judiciary Committee on Thursday morning after a Republican lawmaker brought up a concern with the legislation creating a civil cause of action.
“As the conversation goes along and it seems to deal with civil causes of action, that’s something we typically hear in the Judiciary Committee, and I checked twice and this is something that went through State and Local,” said Representative Andrew Farmer (R-Sevierville-District 17) before making a motion to have the bill referred to the Judiciary Committee.
Fritts’ bill adds to current statute by providing recourse for Tennesseans to bring civil action for damages against any political subdivision or public official who violates the law in future emergencies, with a court awarding the plaintiff litigation costs and fees, including attorneys’ fees, should they prevail in their suit. Rather than suing state government, a suit would hold the public official personally liable.
The House voted 61 to 31 to send the bill to the full House Judiciary Committee.
As amended, House Bill 0562 (HB0562), sponsored by Representative Monty Fritts (R-Kingston-District 32), seeks to ensure that public officials cannot prohibit the “operation of or engagement in a lawful occupation by categorizing a lawful occupation as non-essential by executive order, proclamation, or rule.”
The legislation defines “public official” as the executive head of the state or the executive head of a county, incorporated city or town, or metropolitan form of government.
Events that transpired during the 2020 pandemic, led Fritts to bring the legislation which would ensure that any Tennessean with an occupation or means of livelihood that is not specifically deemed to be unlawful in the state could not be categorized as “non-essential” during future state emergencies.
During the Covid-19 state of emergency, Governor Bill Lee signed Executive Order No. 22 which ordered all businesses deemed non-essential to immediately close and urged people to shelter in place in their homes. As a result many struggled to keep businesses afloat, and lost their means of livelihood.
In response to Lee’s overreach, the Tennessee General Assembly passed legislation in 2021 protecting an individual’s right to work and the necessity of all jobs as they relate to the state’s economy.
Earlier in discussion of the bill, Fritts addressed concerns from the Governor’s office that the bill would interfere with emergency management workers doing their job in the event of natural emergencies like floods or fires.
Patrick Sheehan, who serves as the Director of the Tennessee Emergency Management Agency (TEMA), previously spoke on behalf of Governor Bill Lee in addressing the House State and Local Government Committee about concerns with the language in the bill.
This same line of reasoning was used to oppose another bill limiting the governor’s powers during state emergencies.
With the passage of that bill into law without the governor’s signature last week, Lee wrote that he was not signing in order to “caution strongly against legislation that would compromise Tennessee’s disaster response capabilities.”
In a commentary on the passage of HB0324, Representative Jody Barrett (R-Dickson-District 69) stated, “This bill has nothing to do with responding to tornadoes or hurricanes. It has everything to do with protecting 7 million Tennesseans from overreach of the executive branch under the guise of a declared state of emergency.”
In like fashion, Fritts’ bill does not hinder the work of TEMA in dealing with floods or fires, but ensures that no Tennessean will be told that their profession or business is “non-essential” in future pandemics or other emergencies.
With rumors of the General Assembly wrapping up this legislative session within two weeks, there is some concern that the legislation will not make it back to the House floor with enough time for a vote.
About the Author: Paula Gomes is a Tennessee resident and reporter for The Tennessee Conservative. You can reach Paula at paula@tennesseeconservativenews.com.
One Response
It’s not about “compromising Tennessee’s disaster response capabilities”, it’s about preventing RINO Lee’s and others like him forcing mandates upon us.