10
LC 28 4849
House
Bill 871
By:
Representative Franklin of the
43rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
provide a short title; to amend Chapter 12 of Title 31 of the Official Code of
Georgia Annotated, relating to control of hazardous conditions, preventable
diseases, and metabolic disorders, so as to repeal requirements for mandatory
vaccination; to amend Chapter 3 of Title 38 of the Official Code of Georgia
Annotated, relating to emergency management, so as to repeal the authority of
the Governor to issue mandatory vaccination orders; to prohibit the quarantine
of persons solely for failure to submit to and receive voluntary vaccinations;
to provide for related matters; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Freedom from Compulsory Pandemic
Act."
SECTION
2.
Chapter
12 of Title 31 of the Official Code of Georgia Annotated, relating to control of
hazardous conditions, preventable diseases, and metabolic disorders, is amended
by revising Code Section 31-12-3, relating to power to require immunization and
other preventive measures, as follows:
"31-12-3.
(a)
The department and all county boards of health are empowered to
require, by
appropriate rules and regulations,
provide for
voluntary vaccinations of persons located
within their respective jurisdictions
to submit
to vaccination against contagious or
infectious disease where the particular disease may occur, whether or not the
disease may be an active
threat;
provided that in no event shall any such vaccination be
mandatory. The department may, in
addition, require such other measures to prevent the conveyance of infectious
matter from infected persons to other persons as may be necessary and
appropriate. The department shall promulgate appropriate rules and regulations
for the implementation of the provisions of this Code section in the case of a
declaration of a public health emergency
and shall
include provisions permitting consideration of the opinion of a person's
personal physician as to whether the vaccination is medically appropriate or
advisable for such person. Such rules and
regulations shall be adopted pursuant to Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act,' but shall be automatically referred by the Office
of Legislative Counsel to the House of Representatives and Senate Committees on
Judiciary.
(b)
In the absence of an epidemic or immediate threat thereof, this Code section
shall not apply to any person who objects in writing thereto on grounds that
such immunization conflicts with his religious
beliefs."
SECTION
3.
Chapter
3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency
management, is amended by revising paragraph (6) of subsection (b) of Code
Section 38-3-22, relating to Governor's emergency management powers and
duties, as follows:
"(6)
To employ such measures and give such directions to the Department of Community
Health and local boards of health as may be reasonably necessary for the purpose
of securing compliance with Articles 1 through 3 of this chapter or with the
findings or recommendations of the Department of Community Health and local
boards of health by reason of conditions arising from emergencies or disasters,
manmade or natural, or the threat of enemy attack or
otherwise,
provided that such measures shall not include mandatory vaccinations nor the
quarantine of persons solely because of the failure or refusal of such persons
to submit to or receive voluntary
vaccinations;".
SECTION
4.
Said
chapter is further amended by revising paragraph (2) of subsection (i) of Code
Section 38-3-51, relating to emergency powers of Governor, as
follows:
"(2)
The following due process procedures shall be applicable to any quarantine
or
vaccination program instituted pursuant to
a declaration of a public health emergency:
(A)
Consonant with maintenance of appropriate quarantine rules, the department shall
permit access to counsel in person or by such other means as practicable that do
not threaten the integrity of the quarantine;
(B)
An order imposing a quarantine
or a
vaccination program may be appealed but
shall not be stayed during the pendency of the challenge. The burden of proof
shall be on the state to demonstrate that there exists a substantial risk of
exposing other persons to imminent danger.
With
respect to vaccination, the state's burden of proof shall be met by clear and
convincing evidence. With respect to quarantine,
the
The
state's burden of proof shall be met by a preponderance of the
evidence;
(C)
An individual or a class may challenge the order before any available judge of
the state courts, the superior courts, the Court of Appeals, or the Supreme
Court. Such judge, upon attestation of the exigency of the circumstances, may
proceed ex parte with respect to the state or may appoint counsel to represent
the interests of the state or other unrepresented parties. The judge hearing
the matter may consolidate a multiplicity of cases or, on the motion of a party
or of the court, proceed to determine the interests of a class or classes. The
rules of evidence applicable to civil cases shall be applied to the fullest
extent practicable taking into account the circumstances of the emergency. All
parties shall have the right to subpoena and cross-examine witnesses, but in
enforcement of its subpoena powers the court shall take into account the
circumstances of the emergency. All proceedings shall be transcribed to the
extent practicable. Filing fees shall be waived and all costs borne by the
state;
(D)
The judge hearing the matter may enter an appropriate order upholding or
suspending the quarantine
or
vaccination order.
With
respect to vaccination, the order may be applicable on notice to the department
or its agents administering the vaccination, or otherwise in the court's
discretion. With respect to quarantines,
the
The
order shall be automatically stayed for 48 hours;
(E)
The department or any party may appeal any order within 24 hours to the Court of
Appeals, the Supreme Court, or to any available judge thereof in the event that
circumstances render a full court unavailable. If the trial judge has proceeded
ex parte or with counsel appointed for the state, the trial court shall either
direct the filing of an appeal in its order or itself certify the order for
appeal. Filing fees for appeal shall be waived, all costs shall be borne by the
state, and such appeals shall be heard expeditiously; and
(F)
No provisions of this paragraph shall be construed to limit or restrict the
right of habeas corpus under the laws of the United States."
SECTION
5.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.