State lawmakers restrict authority over COVID-19
Rules by schools, health departments limited following session
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.
Alarmed business groups and companies, including Ford Motor Co., sent letters and texts urging lawmakers not to intrude on their workplace policies.
The sweeping bill rolling back COVID-19 restrictions — assembled in just under 60 hours and watered down late Friday night — passed the Senate, 22-4, and the House, 64-14.
It bars government entities and public schools from requiring masks unless COVID-19 cases skyrocket. It also prohibits those entities, as well as many private businesses, from mandating COVID-19 vaccines or proof of vaccination.
The bill comes with exceptions. Private businesses, including private schools, and correctional facilities, can still issue mask mandates however they want. Entertainment venues, such as the Ryman Auditorium, can no longer require proof of vaccination, but can require proof of a negative COVID-19 test result or proof of COVID-19 antibodies of attendees.
Public universities, most of which receive federal funds, would be able to require masks or vaccines if they convince the state comptroller’s office not doing so would cost them federal dollars.
Federal contractors, airport authorities, health care providers enrolled in Medicare or Medicaid, long-term care facilities, and private residences can continue to require masks and vaccines.
Republican leadership raced through several other measures Friday, despite concerns from their party colleagues and Democratic lawmakers.
Those initiatives will allow for partisan school board elections; limit the length of state of emergencies; make the state’s six biggest county health directors appointees of the state health commissioner and county mayors, and allow for court appointees to enforce state laws if district attorney generals refuse to.
What does the sweeping bill do?
Among its provisions, the legislative package will:
● Ban government entities and public schools from requiring masks, unless severe conditions arise
● Ban government entities, public schools and many private businesses from vaccine requirements, but with exceptions
● Require schools to provide N-95 masks or similar masks to those in demand
● Allows for 14-day mask mandates for governments and public schools, subject for renewal, during severe conditions — at least 1,000 cases for every 100,000 residents in the past 14 days — which no county currently reaches
● Requires licensing boards to develop a set of rules, subject to state Government Operations Committee’s approval, if they wish to discipline medical professionals for COVID-19 treatments
● Allows those who quit their job because of COVID-19 vaccine requirements to collect unemployment benefits
● Allow health care professionals to use independent judgement to prescribe monoclonal antibody treatments
● Allow the health commissioner exclusive power to design quarantine guidelines
● Ban use of public funds for COVID-19 mandates
● Requires hospitals to allow visitation by at least one family member of a COVID-19 patient as long as the family member tests negative for the disease and remains asymptomatic
● Allow those at risk of losing federal funds to issue mask and vaccine mandates, and use public funds for mandates, if they receive approval from the comptroller’s office
● Allow the governor to suspend the entire bill if he desires
Business groups make a dent
A host of prominent businesses and groups tried to halt the momentum this week, although several lawmakers say the actions were too late.
But as industry groups launched opposition against the bill, House members dialed back mask regulations, allowing private businesses to keep mask mandates if they so choose.
Ford Motor Co., which announced its $5.6 billion investment in West Tennessee last month and received, expressed misgivings. Lawmakers last week approved an $884 million package, including $500 million in incentives to the Detroit automaker.
“We are very concerned, however, with the current legislative proposal that would prohibit companies from requiring masks,” Gabby Bruno, regional director of governmental affairs for Ford, told senators in a text message Friday morning obtained by The Tennessean. “Wearing masks is what’s kept our facilities running through this.”
The Tennessee Chamber of Commerce objected, as did a group of other business groups. Five hundred members of the Tennessee Trucking Association urged lawmakers to vote no on the original proposal.
The National Federation of Independent Businesses, which sent at least three letters to the General Assembly this week, warned lawmakers Friday a favorable vote on the bill could harm their voting records as rated by the group.
“This would be a very inopportune time for small businesses, who are dealing with a severe labor shortage, rising inflation and significant supply chain issues, to face potential litigation,” the Friday letter reads.
Following oppositions from businesses, Rep. Chris Todd, R-jackson, introduced an amendment to the package that allows private entities, including private schools, to require masks. He acknowledged the effectiveness of masks to reduce transmission of the virus, comparing masks to other safety equipment such as hard hats.
“I think businesses ... should have the ability to have their employers safe,” he said.
Rep. John Ray Clemmons, D-nashville, told The Tennessean business groups should have seen the package coming. Instead, they are just now starting to oppose the bill.
“The business community is losing its mind (over the bill), as it should,” Clemmons said.
Sen. Todd Gardenhire, R-chattanooga, chastised businesses for expressing their stances too late.
“Where were they the last couple of months?” he asked. “It’s very important those people take a stand, but they should have been taking a stand a long time ago.”
Bill draws concern from Democrats
Senate Majority Leader Jack Johnson, R-franklin, who leads the Senate negotiation efforts, urged senators Friday afternoon to pass the Senate version of the comprehensive bill to kick off the official deliberation process with the House.
It is the “best way to move forward,” he said.
The process, however, stalled for hours into late Friday night, as Senate and House members appointed to negotiate between chambers huddled in separate circles. At times, they went into back rooms closed to the public.
The final agreement between both chambers still drew criticism from some lawmakers.
Senate Minority Leader Jeff Yarbro, D-nashville, said Saturday morning the bill restricts public schools from having the same level of protections as private schools can.
“It is pretty outrageous that we are basically creating two classes of families here,” he said.
The senator also pointed to the swift nature of the three-day session, which he said does not allow for fully-fledged legislation.
“This is a reckless way to legislate,” he said. “We are creating instability and uncertainty.”
Reach Yue Stella Yu at yyu@tennessean.com. Follow her on Twitter at @bystellayu_tnsn.