1 SB97
2 211774-2
3 By Senators Whatley, Barfoot, Jones, Chesteen, Gudger, Orr,
4 Scofield, Givhan, Elliott, Livingston, Allen, Shelnutt,
5 Albritton, McClendon, Sessions and Marsh
6 RFD: Judiciary
7 First Read: 02-FEB-21
8 PFD: 01/27/2021
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1 SB97
2
3
4 ENGROSSED
5
6
7 A BILL
8 TO BE ENTITLED
9 AN ACT
10
11 Relating to states of emergency; to amend Sections
12 22-2-8, Code of Alabama 1975, to provide that an order or
13 directive issued by the State Health Officer relating to the
14 outbreak of a disease or pandemic has the full force and
15 effect of law once it is approved by the Governor and a copy
16 is filed with the Secretary of State; to amend Section 31-9-8,
17 and 31-9-13, Code of Alabama 1975; to provide that a state of
18 emergency terminates after 45 days and provide that certain
19 states of emergency may only be extended beyond 120 days by
20 joint resolution of the Legislature; to further provide for
21 requesting a special session during a state of emergency; to
22 further provide for the Governor's authority to issue and
23 approve directives during a state of emergency; to limit
24 certain orders mandating vaccinations; to repeal Section
25 11-47-132, Code of Alabama 1975, which authorizes
26 municipalities to adopt and enforce ordinances to compel
27 certain vaccinations; and to make nonsubstantive, technical
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1 revisions to update the existing code language to current
2 style.
3 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
4 Section 1. Sections 22-2-8, 31-9-8, and 31-9-13,
5 Code of Alabama 1975, are amended to read as follows:
6 "22-2-8.
7 "(a) The State Committee of Public Health shall
8 elect an executive officer who shall be a physician licensed
9 in the State of Alabama to be known as the State Health
10 Officer and shall fix his or her term of office and salary.
11 The qualifications of this individual shall be determined by
12 the State Committee of Public Health. Before entering upon the
13 duties of his the office, the State Health Officer shall
14 execute to the State of Alabama a bond, to be approved by the
15 Governor, in the amount of five thousand dollars ($5,000.00),
16 for the faithful performance of his the duties of the office.
17 "(b) The State Health Officer so elected shall,
18 under the direction of the State Committee of Public Health
19 and with the approval of the State Personnel Board, shall fix
20 the salaries of the medical employees of the State Committee
21 of Public Health. When the State Committee of Public Health is
22 not in session, the State Health Officer, as executive officer
23 of the Department of Public Health, shall act for said the
24 committee and shall have and discharge all the prerogatives
25 and duties of said the committee. He The State Health Officer
26 shall report his or her actions to the committee at its next
27 meeting after such the action is taken, and such the action of
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1 the State Health Officer shall then be subject to confirmation
2 or modification by the committee. The State Health Officer
3 shall exercise general supervision over county boards of
4 health and county health officers and promptly report to said
5 the county boards of health any delinquencies of official duty
6 on the part of said the county health officers which may come
7 to his or her knowledge., keep himself informed in regard to
8 all diseases which may be in danger of invading the state
9 "(c) The State Health Officer shall stay informed
10 with regard to an actual or potential outbreak of any disease
11 or pandemic affecting this state and, as far as authorized by
12 law, take prompt measures to prevent such invasions an
13 outbreak and keep the Governor and the Legislature informed as
14 to the health conditions prevailing in the state, especially
15 as to outbreaks of any of the diseases enumerated in Chapter
16 11 of this title, and submit to the Governor and Legislature
17 such recommendations as he or she deems proper to control,
18 prevent, or minimize such outbreaks. an outbreak. If a state
19 public health emergency has been declared pursuant to Section
20 31-9-8, any order or other directive issued by the State
21 Health Officer to control, prevent, or minimize an outbreak of
22 any disease or pandemic may not take effect unless and until
23 the order or directive is approved by the Governor and a copy
24 of the approved order or directive is filed in the Office of
25 the Secretary of State, at which time the order or directive
26 has the full force and effect of law. Any order or other
27 directive issued pursuant to the authority granted under this
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1 subsection is subject to the prohibition described in
2 paragraph (f)(2)b. of Section 31-9-8.
3 "31-9-8.
4 "(a) The provisions of this This section shall be
5 operative only during the existence of a state of emergency,
6 referred to hereinafter as one of the states of emergency
7 defined in Section 31-9-3. The existence of a state of
8 emergency may be proclaimed by the Governor as provided in
9 this subsection or by joint resolution of the Legislature if
10 the Governor in the proclamation, or the Legislature in the
11 resolution, finds that an attack upon the United States has
12 occurred or is anticipated in the immediate future, or that a
13 natural disaster of major proportions or a public health
14 emergency has occurred or is reasonably anticipated in the
15 immediate future within this state and that the safety and
16 welfare of the inhabitants of this state require describes,
17 with reasonable particularity, the basis for the state of
18 emergency justifying an invocation of the provisions of this
19 section. If the state of emergency affects less than the
20 entire state, the Governor or the Legislature shall designate
21 in the proclamation or joint resolution those counties to
22 which the state of emergency applies.
23 "(b)(1) The A state of emergency, whether proclaimed
24 by the Governor or by the Legislature, shall terminate 60 45
25 days after the date on which it was proclaimed. unless the The
26 Governor, extends the emergency by proclamation, or the
27 Legislature, extends the emergency by passage of a joint
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1 resolution may extend a state of emergency for a total period
2 up to 120 days, after which a state of emergency may only be
3 further extended by the Legislature through passage of a joint
4 resolution.
5 "(2) Notwithstanding subdivision (1), the Governor,
6 by proclamation, may extend, without limit, a state of
7 emergency that affects less than one-third of all counties in
8 the state, that is in response to an oil spill, or that is in
9 response to a weather-related event, including, but not
10 limited to, a hurricane, tornado, drought, or flood.
11 "(c) Upon proclamation by the Governor of a state of
12 emergency, the Governor may call the Legislature into special
13 session. Additionally, the Lieutenant Governor, President Pro
14 Tempore of the Senate, or the Speaker of the House of
15 Representatives may request in writing that the Governor call
16 the Legislature into special session.
17 "(d) During the period that the proclaimed state of
18 emergency exists or continues, the Governor shall have and may
19 exercise the following additional emergency powers:
20 "(1) To enforce all laws, and rules, and regulations
21 relating to emergency management and to assume direct
22 operational control of all emergency management forces and
23 helpers in the state.
24 "(2) To sell, lend, lease, give, transfer, or
25 deliver materials or perform services for emergency management
26 purposes on such terms and conditions as the Governor shall
27 prescribe and without regard to the limitations of any
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1 existing law, and to account to the State Treasurer for any
2 funds received for such property.
3 "(3) To procure, by purchase, condemnation, seizure,
4 or other means, construct, lease, transport, store, maintain,
5 renovate, or distribute materials and facilities for emergency
6 management without regard to the limitations of any existing
7 law; provided, that this authority shall not be exercised with
8 regard to newspapers, wire facilities leased or owned by news
9 services, and other news publications, and provided further,
10 that he or she shall make compensation for the property so
11 seized, taken, or condemned, on the following basis:
12 "a. In case If property is taken for temporary use,
13 the Governor, within 30 days of the taking, shall fix the
14 amount of compensation to be paid therefor for use of the
15 property, and in case if the property shall be is returned to
16 the owner in a damaged condition, or shall not be is not
17 returned to the owner, the Governor shall fix within 30 days
18 the amount of compensation to be paid for the damage or
19 failure to return. Whenever the Governor shall deem deems it
20 advisable for the state to take title to property taken under
21 this section, he or she shall forthwith cause the owner of the
22 property to be notified thereof immediately notify the
23 property owner in writing by registered or certified mail,
24 postage prepaid, or by the best available means, and forthwith
25 cause to be filed file a copy of the notice with the Secretary
26 of State.
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1 "b. If the person entitled to receive the amount so
2 determined by the Governor as just compensation is unwilling
3 to accept the same as full and complete compensation for such
4 the property or the use thereof, he or she shall be paid 75
5 percent of such amount and shall be entitled to recover from
6 the State of Alabama, in an action brought in a court in the
7 county of residence of the claimant or in Montgomery County,
8 in the same manner as other condemnation claims are brought,
9 within three years after the date of the Governor's award,
10 such additional amount, if any, which when added to the amount
11 so paid to him or her, shall be just compensation.
12 "(4) To provide for and compel the evacuation of all
13 or part of the population from any stricken or threatened area
14 or areas within the state and to take such steps as are
15 necessary for the receipt and care of such evacuees.
16 "(5) To Subject to subsection (g), to perform and
17 exercise such other functions, powers, and duties as are
18 necessary to promote and secure the safety and protection of
19 the civilian population if reasonably related to preventing,
20 mitigating, or otherwise responding to the conditions
21 described in the proclamation or joint resolution warranting
22 the declaration of a state of emergency.
23 "(6) To employ such measures and give such
24 directions to the state or local boards of health as may be
25 reasonably necessary for the purpose of securing compliance
26 with the provisions of this article or with the findings or
27 recommendations of such the boards of health by reason of
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1 conditions arising from enemy attack or the threat of enemy
2 attack or otherwise.
3 "(7) To utilize the services and facilities of
4 existing officers and agencies of the state and of the
5 political subdivisions thereof. All such officers and agencies
6 shall cooperate with and extend their services and facilities
7 to the Governor as he or she may request.
8 "(8) With due consideration to the recommendations
9 of local authorities, the Governor may formulate and execute
10 plans and regulations for the control of traffic in order to
11 provide for the rapid and safe movement of evacuation over
12 public highways and streets of people, troops, or vehicles and
13 materials for national defense or for use in any defense
14 industry, and may coordinate the activities of the departments
15 or agencies of the state and of the political subdivisions
16 thereof concerned directly or indirectly with public highways
17 and streets, in a manner which that will best effectuate such
18 the plans.
19 "(9) To establish agencies and offices and to
20 appoint temporary executive, technical, clerical, and other
21 personnel as may be necessary to carry out the provisions of
22 this article without regard to the State Merit System Act.
23 "(b) (e) The proclamation of a state of public
24 health emergency shall activate the disaster response and
25 recovery aspects of the state, local, and inter-jurisdictional
26 disaster emergency plans in the affected political
27 subdivisions or geographic areas. Such declaration authorizes
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1 the deployment and use of any forces to which the plans apply
2 and the use or distribution of any supplies, equipment, and
3 materials and facilities assembled, stockpiled, or available
4 pursuant to this article.
5 "(c) (f)(1) When a state of public health emergency
6 has been declared or terminated, the State Board of Health
7 shall inform members of the public on how to protect
8 themselves and what actions are being taken to control the
9 emergency.
10 "(2)a. When a state public health emergency has been
11 declared, any order or other directive issued by the State
12 Health Officer pursuant to the authority granted under Title
13 22 to abate any condition prejudicial to public health or
14 otherwise control, prevent, or minimize an outbreak of any
15 disease or pandemic may not take effect unless and until the
16 order or directive is approved by the Governor and filed with
17 the Secretary of State, as provided in Section 22-2-8.
18 "b. Notwithstanding paragraph a., under no
19 circumstances may the Governor or the State Health Officer,
20 during a state of emergency, order the vaccination of
21 individuals over an assertion made that the vaccination cannot
22 be administered because of a bona fide medical condition or is
23 contrary to a bona fide religious belief or otherwise
24 sincerely held personal belief.
25 "(g) During a state public health emergency, before
26 the Governor may issue any proclamation, rule, order, or other
27 directive pursuant to subdivision (d)(5) or approve any order
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1 or other directive pursuant to subsection (c) of Section
2 22-2-8, which directive would restrict, limit, or otherwise
3 burden the conduct of private citizens or businesses, he or
4 she shall make a good faith attempt to consult with members of
5 the Legislative Council regarding the content, scope, and
6 purpose of the directive.
7 "(d) (h)(1) Nothing in this section shall authorize
8 the seizure or confiscation of any firearm or ammunition from
9 any individual who is lawfully carrying or possessing the
10 firearm or ammunition except as provided in subdivision (2).
11 "(2) A law enforcement officer who is acting in the
12 lawful discharge of the officer's official duties may disarm
13 an individual if the officer reasonably believes that it is
14 immediately necessary for the protection of the officer or
15 another individual. The officer shall return the firearm to
16 the individual before discharging that individual unless the
17 officer arrests that individual for engaging in criminal
18 activity or seizes the firearm as evidence pursuant to an
19 investigation for the commission of a crime or, at the
20 discretion of the officer, the individual poses a threat to
21 himself or herself or to others.
22 "31-9-13.
23 "All orders, rules, and regulations promulgated or
24 other directives issued by the Governor as authorized by this
25 article shall have the full force and effect of law when a
26 copy thereof is filed in the office of the Secretary of State.
27 All existing laws, ordinances, rules, and regulations or parts
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1 thereof inconsistent with the provisions of this article or of
2 any proclamation, order, rule, or regulation other directive
3 issued under the authority of this article, shall be suspended
4 during the period of time and to the extent that such
5 inconsistency exists. The Secretary of State shall cause to be
6 printed and distributed to the probate judges of probate of
7 the several counties and to the clerks of the several
8 municipalities of this state a copy of each proclamation,
9 order, rule, or regulation other directive issued under the
10 authority of this article."
11 Section 2. Section 11-47-132, Code of Alabama 1975,
12 providing for a system of compulsory vaccination by cities and
13 towns, is repealed.
14 Section 3. This act shall become effective January
15 1, 2022, upon its passage and approval by the Governor, or its
16 otherwise becoming law.
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1
2
3 Senate
4 Read for the first time and referred to the Senate
5 committee on Judiciary............................ 0.2-FEB-21
6
7 Read for