Tennessee Senate Bill SB1683

Tennessee 2025-2026 Regular Session

• Introduced: 1/14/26
• Engrossed: 2/9/26
• Enrolled: 4/1/26
• Passed: 4/14/26
• Chaptered: 4/27/26

Caption

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

Summary

SB 1683 creates the “Tennessee Child Care Hosting Safe Harbor Act,” a liability shield for employers and other host entities that allow a licensed child care provider to operate on property they own, lease, or control. The bill defines key terms such as employer, host entity, child care provider, and subsidize, and it covers arrangements where an employer helps pay for child care or provides space for a provider on-site. Under the bill, an employer or host entity is generally not liable in a civil action for damages caused by the acts or omissions of the licensed child care provider, so long as the employer or host entity does not operate, control, or manage the provider. The protection 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. The bill also makes clear that providing space, utilities, maintenance, security, capital improvements, or financial support alone does not amount to operating or managing the child care provider, and it preserves any direct claims against the child care provider itself.

Impact

The bill amends Tennessee Code Annotated Title 29 by adding a new civil liability provision and references Title 71, Chapter 3 by tying the safe harbor to licensed child care providers. Its practical effect is to reduce tort exposure for businesses, nonprofits, faith-based organizations, educational institutions, landlords, and other property owners that host child care operations or subsidize child care for employees, while leaving liability rules against the child care provider unchanged. The act applies to causes of action arising on or after July 1, 2026.

Sentiment

The available voting history suggests strong bipartisan support and little recorded opposition. The Senate Judiciary Committee recommended passage unanimously, and the floor motion to adopt also passed unanimously, indicating the bill was viewed favorably by legislators. No committee transcript discussion was provided, so there is no recorded debate reflecting broader public or legislative criticism in the supplied materials.

Contention

The main policy issue embedded in the bill is the scope of the liability shield: it protects employers and host entities only when they are not operating, controlling, or managing the child care provider, and it preserves liability for gross negligence or willful misconduct. Potential points of concern for opponents would likely center on whether the safe harbor could limit recourse against property owners or employers involved in on-site child care arrangements, while supporters would emphasize that the bill encourages child care access without exposing hosts to ordinary vicarious liability. No specific objections were recorded in the provided committee materials.