| 4 | 3 | | |
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| 5 | 4 | | HOUSE BILL 562 |
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| 6 | 5 | | By Fritts |
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| 7 | 6 | | |
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| 8 | 7 | | |
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| 9 | 8 | | HB0562 |
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| 10 | 9 | | 002486 |
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| 11 | 10 | | - 1 - |
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| 12 | 11 | | |
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| 13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 58, |
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| 14 | 13 | | Chapter 2, relative to emergency powers. |
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| 15 | 14 | | |
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| 16 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 17 | 16 | | SECTION 1. Tennessee Code Annotated, Section 58-2-302, is amended by designating |
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| 18 | 17 | | the existing language as subsection (a) and adding the following as a new subsection (b): |
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| 19 | 18 | | (b) |
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| 20 | 19 | | (1) As used in this subsection (b), "lawful occupation" means a lawful |
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| 21 | 20 | | vocation, trade, business, profession, field of specialization, or other means of |
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| 22 | 21 | | livelihood that is not specifically deemed to be unlawful under the law of this |
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| 23 | 22 | | state. |
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| 24 | 23 | | (2) During the existence of a state of emergency declared pursuant to |
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| 25 | 24 | | this chapter, or at any other time, a political subdivision or a public official shall |
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| 26 | 25 | | not prohibit the operation of or engagement in a lawful occupation by |
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| 27 | 26 | | categorizing a lawful occupation as non-essential in an order, rule, or regulation. |
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| 28 | 27 | | (3) This subsection (b) does not apply where a person engaged in a |
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| 29 | 28 | | lawful occupation is prohibited from operating or engaging in the lawful |
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| 30 | 29 | | occupation, either temporarily or permanently, as a result of a violation of state or |
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| 31 | 30 | | federal law. |
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| 32 | 31 | | (4) A person harmed by a violation of this subsection (b) may bring a civil |
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| 33 | 32 | | action for actual damages or declaratory relief against the political subdivision or |
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| 34 | 33 | | public official who violated this subsection (b). A violation committed by a public |
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| 35 | 34 | | official subjects the public official to personal liability in an action brought |
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