AN ACT to amend Tennessee Code Annotated, Title 29, Chapter 34, relative to charitable organizations.
Summary
SB0227 amends Tennessee’s charitable-organization liability law to create a specific circumstance in which a charity that provides housing can be held liable for harm caused by a person it knows is unlawfully present in the United States. Liability may attach if the charity’s conduct in providing the housing amounts to negligence, gross negligence, or willful and wanton misconduct, and the harm results from a criminal offense committed by that person while receiving the housing services. The bill is framed as an exception to existing protections in Title 29, Chapter 34 governing charitable organizations.
The bill defines “housing” broadly to include long-term living accommodations and help obtaining or signing a lease for an apartment or rental home, but it excludes temporary overnight shelter such as a homeless shelter. It takes effect immediately upon becoming law.
Impact
The bill narrows the liability shield for charitable organizations in Tennessee by adding a new statutory basis for civil liability tied to housing services provided to certain noncitizens unlawfully present in the United States. It affects Tennessee Code Annotated, Section 29-34-213, and could expose charities, shelters, and housing-assistance organizations to damages claims if their conduct meets the negligence threshold and a covered criminal offense causes loss, injury, death, or other damages. The practical impact is to create additional legal risk for organizations involved in long-term housing assistance, while expressly excluding temporary homeless shelter services from the new provision.
Sentiment
The bill appears to have had generally favorable support in the legislature, passing the Senate Judiciary Committee and both chambers by substantial margins. The committee vote was 5-1, and floor votes showed clear majorities in favor, suggesting broad backing for the measure overall. The absence of committee transcript material limits insight into detailed debate, but the voting pattern indicates the bill was not broadly divisive among lawmakers.
Contention
The main point of contention is the bill’s targeting of charitable organizations that knowingly provide housing to people unlawfully present in the United States, which may be viewed by supporters as a public-safety and accountability measure and by opponents as an added burden on nonprofits and housing providers. Another likely area of dispute is the scope of liability, especially the inclusion of negligence, gross negligence, and willful and wanton misconduct, which could raise concerns about litigation exposure and how charities verify immigration status. The exclusion of homeless shelters from the definition of housing suggests an effort to limit the bill’s reach, but the line between long-term housing assistance and temporary shelter could still be debated.
AN ACT to amend Tennessee Code Annotated, Title 4; Title 8; Title 9; Title 13, Chapter 7; Title 29; Title 48; Title 53 and Title 67, relative to mutual aid organizations.
AN ACT to amend Tennessee Code Annotated, Title 4; Title 8; Title 9; Title 13, Chapter 7; Title 29; Title 48; Title 53 and Title 67, relative to mutual aid organizations.