Amendment vs bill Amendment E7JV9C-1 vs Introduced

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SB171 INTRODUCED MELT11-1 By Senators Givhan, Sessions, Williams, Orr, Chambliss, Allen, Scofield, Gudger, Butler, Elliott RFD:
E7JV9C-1 :
Healthcare First Read:
5/24/2023 :
05-Apr-23 Page 0 MELT11-1 04/05/2023 PMG (L)tgw 2023-522 2 4 SYNOPSIS:
PMG AMENDMENT TO THE GIVHAN SUBSTITUTE FOR SB171 1ST GIVHAN AMENDMENT TO SB171 OFFERED BY SENATOR GIVHAN 2 4 Replace line 52 through 57 on pages 2 and 3 with the following:
Under existing law the State Health Officer is appointed by the State Committee of Public Health and is authorized to take prompt measures to prevent the spread of infectious diseases.
include possession of a full, active, and unrestricted license to practice medicine in Alabama.
This bill would provide for the Governor to appoint the State Health Officer.
Replace line 93 on page 4 with the following:
This bill would prohibit an emergency rule, order, or other directive issued by the State Health Officer which would restrict, limit, or otherwise burden the conduct of private citizens or businesses from taking effect unless approved by the Governor and a copy is filed with the Office of the Secretary of State.
or deny any action of statewide application which is proposed by the State Health Officer and which Replace lines 101 through 103 on page 4 with the following:
This bill would also make nonsubstantive, technical revisions to update the existing code language to current style.
enforcement of violations of state law and rules adopted by the State Board of Health.
A BILL TO BE ENTITLED AN ACT Relating to the State Health Officer;
(3) Nothing in this section shall allow the State Health Officer or the Governor to require an individual to be vaccinated against COVID-19."
to amend Section 22-2-8, Code of Alabama 1975, to revise appointment of the Page 1 SB171 INTRODUCED State Health Officer;
to require certain emergency rules, orders, or directives issued by the State Health Officer to be approved by the Governor and a copy filed with the Secretary of State before the emergency rule, order, or other directive has the full force and effect of law;
and to make nonsubstantive, technical revisions to update the existing code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1.
Section 22-2-8, Code of Alabama 1975, is amended to read as follows:
"§22-2-8 (a) The State Committee of Public Health shall elect Governor shall appoint an executive officer who shall be a physician licensed in the State of Alabama to be known as the State Health Officer, and shall fix his term of office and to serve at the pleasure of the Governor.
The State Committee on Public Health shall fix his or her salary.
The qualifications of this individual shall be determined by the State Committee of Public Health.
Before entering upon the duties of his the office, the State Health Officer shall execute to the State of Alabama a bond, to be approved by the Governor, in the amount of five thousand dollars ($5,000)$5,000.00, for the faithful performance of his the duties of the office.
(b) The State Health Officer, so elected shall, under the direction of the State Committee of Public Health and with the approval of the State Personnel Board, shall fix the salaries of the medical employees of the State Committee of Public Health.
When the State Committee of Public Health is Page 2 SB171 INTRODUCED not in session, the State Health Officer, as executive officer of the Department of Public Health, shall act for saidthe committee and shall have and discharge all the prerogatives and duties of said the committee.
He The State Health Officer shall report his or her actions to the committee at its next meeting after such the action is taken, and such action of the State Health Officer shall then be subject to confirmation or modification by the committee.
The State Health Officer shall exercise general supervision over county boards of health and county health officers and promptly report to saidthe county boards of health any delinquencies of official duty on the part of said the county health officers which may come to his or her knowledge., keep himself informed in regard to all diseases which may be in danger of invading the state (c) The State Health Officer shall stay informed with regard to an actual or potential outbreak of any disease or pandemic affecting this state and, as far as authorized by law, take prompt measures to prevent such invasions an outbreak and keep the Governor and the Legislature informed as to the health conditions prevailing in the state, especially as to outbreaks of any of the diseases enumerated in Chapter 11 of this title, and submit to the Governor and Legislature such recommendations as he or she deems proper to control, prevent, or minimize an outbreak such outbreaks.
(d)(1) Any emergency rule adopted pursuant to Section 41-22-5(b), order, or other directive issued by the State Health Officer which would restrict, limit, or otherwise burden the conduct of private citizens or businesses may not Page 3 SB171 INTRODUCED take effect unless and until the emergency rule, order, or other directive is approved by the Governor and a copy is filed in the Office of the Secretary of State, at which time the emergency rule, order, or other directive has the full force and effect of law.
(2) Subdivision (1) does not prohibit or restrict the State Health Officer from issuing individualized directives to private citizens and businesses for violations of state law and rules adopted by the State Board of Health." Section 2.
This act shall become effective on the first 95 day of the third month following its passage and approval by the Governor, or its otherwise becoming law;
provided, however, the provisions of this act providing for the appointment of a State Health Officer by the Governor shall become operative on the earlier of the vacancy in the Office of the State Health Officer or the date when the next Governor commences serving.
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