Senate committee advances bill shielding hosts of licensed child care from liability
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Summary
The Senate Judiciary Committee advanced SB 16-83, a measure to create a civil-liability safe harbor protecting employers, churches and nonprofits that host licensed child-care providers from most lawsuits; witnesses said the change aims to expand childcare capacity and support workforce participation.
Senate Bill 16-83, sponsored by Senator Hale, moved out of the Senate Judiciary Committee after testimony and questions about who would bear liability when licensed child-care operations are hosted on third-party property.
Hale told the committee the bill “makes clear the liability for the childcare operation rests with the provider, not the host site unless the host engages in gross negligence or willful misconduct.” He said the change is intended to remove a barrier that keeps property owners from offering space for licensed microcenters and other childcare providers.
The sponsor framed the proposal as a workforce measure. Hale cited program data for a related initiative: “As of November 2025, there have been 754 cases go through the safe baby courts, 1,315 children. Out of those 1,315 children, only 7 have reentered custody within 6 months of the case closure,” information he used to underscore investments in child-centered supports.
Pat Sheehy, president of the Tennessee Business Roundtable, told the committee the bill is “really pro business legislation,” saying employers support reducing barriers that limit labor-force participation. Callen Baggett, an assistant commissioner at the Department of Human Services, told senators the responsibilities of childcare operations would remain with the licensed operator: “If there was, the responsibilities of a childcare would be on the third party operator,” Baggett said, distinguishing that from the property owner’s building-related duties.
Committee members pressed for clarifications about the limits of the safe harbor. Senator Lamar offered scenarios — for example, a structural failure of a roof — and sponsors and witnesses said landlord responsibilities for physical facility maintenance would not be displaced by the bill; the safe harbor would not apply where a host’s gross negligence or willful misconduct contributed to harm.
The committee voted to send SB 16-83 to the committee calendar with an 8-0 recorded vote. The bill will proceed through the calendar process for further consideration by the full Senate.
The committee did not adopt amendments that change the law’s core limits; sponsors and witnesses said statutory exceptions for gross negligence and willful misconduct remain in place.