Tort Liability and Reform - As enacted, enacts the "Tennessee Child Care Hosting Safe Harbor Act." - Amends TCA Title 29 and Title 71, Chapter 3. SB1683 has been assigned Public Chapter Number 695 by the Secretary of Sta, the official text

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                             PUBLIC CHAPTER NO. 695

                                                    SENATE BILL NO. 1683

                                               By Haile, White, Reeves, Rose

                                            Substituted for: House Bill No. 1965

                                           By Farmer, White, Hawk, McCalmon

AN ACT to amend Tennessee Code Annotated, Title 29 and Title 71, Chapter 3, relative to child
          care.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Title 29, Chapter 34, Part 2, is amended by adding
the following new section:

                    (a) This section is known and may be cited as the "Tennessee Child Care Hosting
          Safe Harbor Act."

                    (b) As used in this section:

                              (1) "Child care provider" means a person or entity licensed under title 71,
                    chapter 3, part 5 to operate a child care agency or facility;

                              (2) "Employer" means a person or entity that subsidizes child care costs for its
                    employees or that hosts a child care provider on its premises; provided, that the
                    employer does not operate or manage the child care provider;

                              (3) "Host entity" means a person or entity, including but not limited to, a
                    nonprofit organization, faith-based organization, community organization, educational
                    institution, or property owner or lessee, that permits a child care provider to operate
                    on property the person or entity owns or controls, regardless of whether the children
                    served are children of employees of the host entity; and

                              (4) "Subsidize" means to pay all or part of the cost of child care services on
                    behalf of an employee or eligible child through reimbursement, direct payment, tuition
                    assistance, grants, or similar financial assistance.

                    (c) Except as provided in subsection (d), an employer or host entity is not liable in a
          civil action for damages arising from the acts or omissions of a child care provider that:

                              (1) Is licensed under state law; and

                              (2) Provides child care services on property owned, leased, or otherwise
                    made available by the employer or host entity.

                    (d) Subsection (c) does not apply if the employer's or host entity's gross negligence or
          willful misconduct is the proximate cause of the injury, harm, or loss.

                    (e) This section does not apply if the employer or host entity:

                              (1) Operates, controls, or manages the child care provider;

                              (2) Is licensed as a child care provider; or

                              (3) Employs, supervises, or directs the child care provider's staff.
SB 1683
                    (f) The provision of space, utilities, maintenance, security, capital improvements, or

         financial support to a child care provider, standing alone, does not constitute operation,
          control, or management of the child care provider.

                    (g) This section does not limit or alter any right of action against a child care provider.
          SECTION 2. This act takes effect July 1, 2026, the public welfare requiring it, and applies to
actions arising on or after that date.

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         SENATE BILL NO. 1683

PASSED:  March 30, 2026

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                         "'          RANDY Mc,1

                                     SPEAKER OF THE SENATE

                              '

                         CAMERON SiWl"ON, SPEAKER
                         HOUSE OF REPRESENTATIVES

APPROVED this f4fl.. day of /J,po"I  2026

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