SB7017112th GA (Historical)Introduced

Amends TCA Title 29, Chapter 34; Title 49; Title 58, Chapter 2 and Title 68.

Present law empowers the commissioner of health to declare quarantine whenever, in the commissioner's judgment, the welfare of the public requires it. It is a Class B misdemeanor under present law for a person to willfully disregard or evade quarantine, or violate any rule or regulation made in attempting to prevent the spread of any epidemic disease. Notwithstanding the above provisions, this bill authorizes a local board of education or public charter school governing body to adopt and implement policies and procedures relative to COVID-19 quarantining. This bill specifies that there will be no cause of action against a local board of education or public charter school governing body for any loss, damage, injury, or death caused by or resulting from a policy adopted under this bill, unless the claimant proves by clear and convincing evidence that the loss, damage, injury, or death was proximately caused by an act or omission of the local board or charter school governing body or its employee or agent constituting gross negligence or willful misconduct. The verified complaints requirements of the Tennessee COVID-19 Recover Act will apply to any such cause of action when applicable. This bill prohibits, during a state of emergency, major disaster, or natural disaster, a political subdivision, the commissioner of health, or a local health department, from unilaterally prohibiting a local board of education or charter school governing body from adopting or implementing a policy authorized under this bill.

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Overview

Present law empowers the commissioner of health to declare quarantine whenever, in the commissioner's judgment, the welfare of the public requires it. It is a Class B misdemeanor under present law for a person to willfully disregard or evade quarantine, or violate any rule or regulation made in attempting to prevent the spread of any epidemic disease. Notwithstanding the above provisions, this bill authorizes a local board of education or public charter school governing body to adopt and implement policies and procedures relative to COVID-19 quarantining. This bill specifies that there will be no cause of action against a local board of education or public charter school governing body for any loss, damage, injury, or death caused by or resulting from a policy adopted under this bill, unless the claimant proves by clear and convincing evidence that the loss, damage, injury, or death was proximately caused by an act or omission of the local board or charter school governing body or its employee or agent constituting gross negligence or willful misconduct. The verified complaints requirements of the Tennessee COVID-19 Recover Act will apply to any such cause of action when applicable. This bill prohibits, during a state of emergency, major disaster, or natural disaster, a political subdivision, the commissioner of health, or a local health department, from unilaterally prohibiting a local board of education or charter school governing body from adopting or implementing a policy authorized under this bill.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

January 18, 2021

Subjects
152008022883

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SB7017: Amends TCA Title 29, Chapter 34; Title 49; Title 58, Chapter 2 and Title 68. | LegisGo