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Business and DHS back childcare host-liability bill; committee advances S.B. 16-83

Senate Judiciary Committee · February 3, 2026
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Summary

S.B. 16-83 would create a civil-liability safe harbor for property hosts (employers, churches, nonprofits) that make space available to licensed childcare providers, preserving liability for gross negligence or willful misconduct. The committee advanced the bill 8-0 after testimony from business and DHS witnesses.

Senator Hale introduced S.B. 16-83, which creates a civil-liability safe harbor to protect businesses, faith institutions and nonprofits that offer space to licensed childcare providers from being held liable for the childcare operator's acts, except in cases of gross negligence or willful misconduct. Hale said the bill clarifies that liability for day-to-day operations rests with the childcare provider while hosts remain responsible for building maintenance.

Pat Sheehy, president of the Tennessee Business Roundtable, testified in support, calling the measure "pro-business" and saying it would reduce barriers to employers hosting on-site or microcenter childcare and thereby support labor-force participation. "What Speaker Hale's bill is doing here is chipping away at one facet of those barriers," Sheehy said. Callan Baggett, assistant commissioner for the Department of Human Services, described the bill as consistent with current practice, noting that operational responsibility and liability remain with third-party operators while building owners retain responsibility for infrastructure. After clarifying questions on gross negligence and host duties, the committee voted 8-0 to place S.B. 16-83 on the calendar.