TBA Law Blog


Posted by: Stacey Shrader Joslin on Nov 1, 2021

Following five hours of late-night deliberations between the two legislative chambers, Tennessee lawmakers adjourned at 1:34 a.m. Saturday after passing a series of measures significantly limiting COVID-19 restrictions by businesses, schools, local health departments, and even the governor. Debate over the comprehensive package split along party lines — with advocates touting individual liberty and opponents voicing concerns of state government overreach, the Tennessean reports. Among its provisions, the legislation:

  • Bars government entities and public schools from requiring masks unless COVID-19 cases hit a certain threshold. In those cases, schools must seek approval for a maximum 14-day mandate. Exceptions are provided for private schools and correctional facilities.
  • Prohibits government entities, public schools and many private businesses from mandating vaccines or proof of vaccination. Entertainment venues may require a negative COVID-19 test or proof of antibodies.
  • Provides other exceptions for vaccine and mask mandates for public universities, federal contractors, airport authorities, health care providers and long-term care facilities if they would lose federal funding without mandates in place.
  • Gives the governor exclusive power to issue executive orders and direct health departments during a pandemic, and gives the state health commissioner exclusive power to issue quarantine guidelines.
  • Allows for partisan school board elections.
  • Allows the attorney general to ask the Tennessee Supreme Court to temporarily appoint a prosecutor to replace a district attorney general who peremptorily and categorically refuses to prosecute all instances of a criminal offense without regard to facts or circumstances.

The governor has not indicated whether he will sign all of the bills that passed, but in a Tweet he praised lawmakers "for working to address the Biden Administration's overreach into our state," WPLN reports.