SB 1207
Modifies provisions relating to public health, including public health orders and COVID-19 school policies
LR Number:
Last Action:
4/5/2022 - Hearing Scheduled But Not Heard S Education Committee
Journal Page:
Calendar Position:
Effective Date:
August 28, 2022

Current Bill Summary

SB 1207 - This act modifies provisions relating to public health. First, in any civil action brought by the Attorney General against a political subdivision, including a school district, relating to the authority to impose health-related orders, the courts shall award attorney's fees, court costs, and all other expenses incurred by the Attorney General in the action if the Attorney General is the prevailing party.

Under this act, all public health orders shall be issued and approved by a vote of the local elected governing body of a city or county, including those orders requiring the wearing of face coverings. Any order issued during a state of emergency shall automatically expire at the end of 30 days unless extended prior to the expiration or termination of the original order, and no orders shall be extended beyond 60 days of the effective date of the original order. Upon the expiration of the 60 day period, only the Director of the Department of Health and Senior Services shall be authorized to issue or extend any further orders. Prior to or concurrent with the issuance or extension of such orders, the health officer, public health agency, or executive may submit a draft order to the local elected governing body and shall submit a report including specific studies and legal authorities supporting the order, as well as a summary of comments in support of or opposition to the order.

No local elected governing body shall issue or authorize any order relating to a statewide pandemic under this act unless the Governor has directed the Director of the Department of Health and Senior Services to authorize local elected governing bodies to do so, in accordance with specific criteria. The Governor, Director, and General Assembly shall each have the authority to declare a statewide pandemic, as set forth in the act. During a statewide pandemic, only the Director shall have the authority to close schools, places of assembly, or restrict the operations or hours of such.

This act provides a civil remedy and damages for persons aggrieved by a violation of this act, as described further in the act.

Under this act, no private person, business, corporation, organization, or other non-governmental entity shall be required to assist the enforcement of an order issued under this act.

No public or charter school shall implement or enforce any student dress requirements or COVID-19 preventative measures that include a mask or face covering mandate. No student shall be required, as a condition of school attendance or participation in school-sponsored extracurricular activities, to be immunized against COVID-19 or to undergo any testing policy as an alternative to a COVID-19 vaccination.

Under current law, a teacher or school board may require a student to be examined by a physician and be excluded from school if a child has a contagious disease or is liable to transmit the disease. This act permits such examination to be conducted by a physician assistant or advanced practice registered nurse. If the child's parent or guardian presents a written document to the school that is signed by a physician, physician assistant, or advanced practice registered nurse and states that the child is not contagious, then the child shall not be excluded from school.

No school board, administrator, teacher, staff, or other public or charter school personnel shall have the authority to adopt policies or orders relating to quarantine, isolation, or other health-related requirements for students beyond specific grants of such authority in current statute. During a statewide pandemic, all generally applicable orders relating to the spread of a contagious disease shall be made by a local elected governing body of a city or county.

This act is substantially similar to SB 1203 (2022).



No Amendments Found.