HB9039112th GA (Historical)Introduced

Amends TCA Title 4; Title 50; Title 63 and Title 68.

This bill prohibits any individual, governmental entity, or legal entity (a "person") from requiring another individual to: (1) Receive a medical intervention for COVID-19 in order to access the goods, services, amenities, opportunities, or other provisions offered by the person; or (2) Wear a mask in order to access the goods, services, amenities, opportunities, or other provisions offered by the person. This bill declares to be void and unenforceable a government mandate that requires an individual to undertake the acts described in (1) or (2) in order to access the goods, services, amenities, opportunities, or other provisions offered by the person. For purposes of this bill, "medical intervention": (1) Means a shot, prophylactic treatment, or other therapeutic for the treatment of COVID-19; (2) Includes a treatment for COVID-19 covered by an emergency use authorization by the federal food and drug administration or that is still in experimental trials; and (3) Does not include a vaccine. This bill creates a cause of action whereby an individual who is required to receive a medical intervention for COVID-19 or wear a mask in violation of this bill may file suit to enforce this bill. A person found to violate this bill's prohibitions will be liable for actual damages and such other amount as may be determined by a jury or a court sitting without a jury, but in no case less than $250, plus reasonable attorney's fees and court costs. This bill authorizes courts to enjoin violations of this bill.

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Overview

This bill prohibits any individual, governmental entity, or legal entity (a "person") from requiring another individual to: (1) Receive a medical intervention for COVID-19 in order to access the goods, services, amenities, opportunities, or other provisions offered by the person; or (2) Wear a mask in order to access the goods, services, amenities, opportunities, or other provisions offered by the person. This bill declares to be void and unenforceable a government mandate that requires an individual to undertake the acts described in (1) or (2) in order to access the goods, services, amenities, opportunities, or other provisions offered by the person. For purposes of this bill, "medical intervention": (1) Means a shot, prophylactic treatment, or other therapeutic for the treatment of COVID-19; (2) Includes a treatment for COVID-19 covered by an emergency use authorization by the federal food and drug administration or that is still in experimental trials; and (3) Does not include a vaccine. This bill creates a cause of action whereby an individual who is required to receive a medical intervention for COVID-19 or wear a mask in violation of this bill may file suit to enforce this bill. A person found to violate this bill's prohibitions will be liable for actual damages and such other amount as may be determined by a jury or a court sitting without a jury, but in no case less than $250, plus reasonable attorney's fees and court costs. This bill authorizes courts to enjoin violations of this bill.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

October 26, 2021

Subjects
38652170

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