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HB1965 • 2026

Tort Liability and Reform

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

Children Labor
Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Farmer, Haile
Last action
2026-03-30
Official status
Comp. SB subst.
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details about the effective date or any additional limitations beyond those explicitly stated in the summary text.

Tennessee Child Care Hosting Safe Harbor Act

This bill provides immunity from civil liability for employers and host entities who allow child care providers to operate on their property, under certain conditions.

What This Bill Does

  • Creates a new law called the Tennessee Child Care Hosting Safe Harbor Act.
  • Provides that an employer or host entity cannot be sued if a licensed child care provider causes harm while providing services on the employer's or host entity's property.
  • Excludes protection for employers and host entities who directly manage, control, operate, employ, supervise, or direct staff of the child care provider.
  • Clarifies that simply providing space, utilities, maintenance, security, improvements, or financial support does not mean an employer or host entity is managing the child care provider.

Who It Names or Affects

  • Employers who provide child care services on their property for employees' children.
  • Host entities like nonprofits, faith-based organizations, and educational institutions that allow child care providers to use their property.
  • Child care providers licensed by the state of Tennessee.

Terms To Know

Employer
A person or entity that subsidizes child care costs for employees or hosts a child care provider on its premises, without operating or managing it.
Host Entity
An organization that allows a child care provider to operate on property they own or control, regardless of whether the children are those of their employees.

Limits and Unknowns

  • The law does not protect employers and host entities if they directly manage, control, operate, employ, supervise, or direct staff at the child care provider.
  • It only applies to actions arising on or after July 1, 2026.
  • Does not change any rights of action against a child care provider.

Bill History

  1. 2026-04-14 Tennessee General Assembly

    Signed by Governor.

  2. 2026-04-02 Tennessee General Assembly

    Transmitted to Governor for action.

  3. 2026-04-02 Tennessee General Assembly

    Signed by H. Speaker

  4. 2026-04-01 Tennessee General Assembly

    Signed by Senate Speaker

  5. 2026-04-01 Tennessee General Assembly

    Enrolled and ready for signatures

  6. 2026-03-30 Tennessee General Assembly

    Comp. SB subst.

  7. 2026-03-30 Tennessee General Assembly

    Passed H., Ayes 82, Nays 1, PNV 10

  8. 2026-03-30 Tennessee General Assembly

    Subst. for comp. HB.

  9. 2026-03-26 Tennessee General Assembly

    H. Placed on Consent Calendar for 3/30/2026

  10. 2026-03-25 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 3/26/2026

  11. 2026-03-23 Tennessee General Assembly

    Rec. for pass; ref to Calendar & Rules Committee

  12. 2026-03-18 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/23/2026

  13. 2026-03-18 Tennessee General Assembly

    Action def. in Judiciary Committee to 3/25/2026

  14. 2026-03-11 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/18/2026

  15. 2026-03-11 Tennessee General Assembly

    Action def. in Judiciary Committee to 3/18/2026

  16. 2026-03-04 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/11/2026

  17. 2026-03-04 Tennessee General Assembly

    Action def. in Judiciary Committee to 3/11/2026

  18. 2026-02-25 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 3/4/2026

  19. 2026-02-25 Tennessee General Assembly

    Sponsor(s) Added.

  20. 2026-02-18 Tennessee General Assembly

    Action def. in Judiciary Committee to Next Available Calendar

  21. 2026-02-12 Tennessee General Assembly

    Rcvd. from S., held on H. desk.

  22. 2026-02-11 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 2/18/2026

  23. 2026-02-11 Tennessee General Assembly

    Rec. for pass by s/c ref. to Judiciary Committee

  24. 2026-02-10 Tennessee General Assembly

    Sponsor(s) Added.

  25. 2026-02-09 Tennessee General Assembly

    Engrossed; ready for transmission to House

  26. 2026-02-09 Tennessee General Assembly

    Passed Senate, Ayes 32, Nays 0

  27. 2026-02-06 Tennessee General Assembly

    Placed on Senate Consent Calendar 2 for 2/9/2026

  28. 2026-02-05 Tennessee General Assembly

    Sponsor(s) Added.

  29. 2026-02-04 Tennessee General Assembly

    Placed on s/c cal Civil Justice Subcommittee for 2/11/2026

  30. 2026-02-04 Tennessee General Assembly

    Assigned to s/c Civil Justice Subcommittee

  31. 2026-02-04 Tennessee General Assembly

    P2C, ref. to Judiciary Committee

  32. 2026-02-03 Tennessee General Assembly

    Sponsor(s) Added.

  33. 2026-02-03 Tennessee General Assembly

    Recommended for passage, refer to Senate Calendar Committee

  34. 2026-02-02 Tennessee General Assembly

    Intro., P1C.

  35. 2026-01-27 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 2/3/2026

  36. 2026-01-22 Tennessee General Assembly

    Filed for introduction

  37. 2026-01-21 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 1/27/2026

  38. 2026-01-21 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Judiciary Committee

  39. 2026-01-15 Tennessee General Assembly

    Introduced, Passed on First Consideration

  40. 2026-01-14 Tennessee General Assembly

    Filed for introduction

Official Summary Text

This bill generally provides, for actions arising on or after July 1, 2026, that 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 is licensed under state law and provides child care services on property owned, leased, or otherwise made available by the employer or host entity. However, such immunity does not a
pply if the employer's or host entity's gross negligence or willful misconduct is the proximate cause of the injury, harm, or loss. Additionally, such immunity does not apply if the employer or host entity (i) operates, controls, or manages the child car
e
provider; (ii) is licensed as a child care provider; or (iii) employs, supervises, or directs the child care provider's staff.

This bill clarifies that 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. Add
itionally, this bill clarifies that its provisions do not limit or alter any right of action against a child care provider.

"EMPLOYER" DEFINED

As used in this bill, an "employer" means a person or entity that subsidizes child care costs for its employees or that hosts a child care provider on its premises as long as the employer does not operate or manage the child care provider.

"HOST ENTITY" DEFINED

As used in this bill, a "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 pro
vider 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.

Current Bill Text

Read the full stored bill text
SENATE BILL 1683
By Haile

HOUSE BILL 1965
By Farmer
HB1965
010867
- 1 -

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.

- 2 - 010867

(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.
(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.