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Emergency-order liability provision draws concern from emergency management director; committee advances bill
Summary
House Bill 562, which imposes remedies including ouster proceedings for officials who declare non-essential workers and creates private-rights-of-action related to emergency orders, drew testimony from Tennessee Emergency Management Agency director Patrick Sheehan that the language could chill mayors from issuing time-sensitive protective orders; the bill advanced narrowly 10–9.
House Bill 562, as amended, would revise language about essential and nonessential professions in emergency orders and create enforcement consequences for officials who are alleged to have improperly labeled professions nonessential. The bill's amendment removes references to federal law in some sections and clarifies consequences for local officials, including ouster proceedings and ineligibility for reelection for five years if removed.
Patrick Sheehan, director of the Tennessee Emergency Management Agency, told the committee that the agency's concern is not with the bill's intent but with potential unintended consequences. He said that emergency protective orders — shelter in place, curfews and evacuations — often include exemptions for necessary private-sector professions and that the bill's private right of action and ouster provisions could prompt mayors to hesitate before issuing time-sensitive orders, jeopardizing public safety.
Members debated civil-liberty and economic implications. Proponents framed the measure as protecting citizens' right to earn a living, while opponents warned that labeling workers "nonessential" during emergencies could impose severe harms and recalled pandemic-era economic effects on small businesses. After debate and a recorded vote, the committee advanced the bill to calendar and rules by 10 ayes to 9 noes.
