Prohibits state/local governmental entities and schools from requiring proof of COVID-19 vaccination for services

State: GA
Bill Number: SB 345
Position: SUPPORT
Action Required: None
Status: Enacted, Act 819, effective 7/1/2022

Legislation Details:

UPDATE: 5/3/2022 - SB 345 was signed by the governor and will go into effect on 7/1/2022.

UPDATE: 4/7/2022 - SB 345 was sent to the governor on 4/7/2022. 

UPDATE: 4/5/2022 - The Senate agreed to the House substitute for SB 345 on 4/4/2022 by a vote of 34 yes, 20 no and 2 excused. 

UPDATE: 3/30/2022 - SB 345 passed the full House with the House Committee Substitute by the House Committee on Rules and sent it back to the Senate on 3/29/2022.  

The current version would enact:

'Agency' means:  

Every state department, agency, board, bureau, office, commission, public corporation, and authority; Every county, municipal corporation, school district, or other political subdivision of this state;  Every department, agency, board, bureau, office, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of this state; and Every city, county, regional, or other authority established pursuant to the laws of  this state. 

No agency shall require proof of COVID-19 vaccination of any person as a condition of providing any service or access to any facility, issuing any license, permit, or other type of authorization, or performing any duty of such agency.  

(2) No agency, through any rule, regulation, ordinance, resolution, or other action shall require that any person or private entity require proof of COVID-19 vaccination of any person as a condition of providing any service or access to any facility, or as a condition of such person or private entity's performance of any regular activity by such person or private entity.  

(c) This Code section shall not apply if compliance with this Code section would require an agency to violate one or more regulations of the federal Centers for Medicare and Medicaid Services or any federal contractual terms applying to workplace locations in which one or more individuals are working on or in connection with a federal government contract.  

(d) This Code section shall stand repealed by operation of law on June 30, 2023.

News story - https://www.fox5atlanta.com/news/georgia-house-approves-ban-on-vaccine-passports-for-local-governments 

UPDATE: 3/24/2022 - SB 345 was reported favorably out of the House Health and Human Services Committee on 3/23/2022. 

UPDATE: 3/4/2022 - SB 345 passed the Senate in a 31-19 vote

UPDATE:2/24/2022 - SB 345 was passed out of the Senate Health and Human Services Committee favorably as substituted adding a carveout for Medicaid and Medicare recipient facilities and adding a sunset date of June, 2023.  

(c) This Code section shall not apply if compliance with this Code section would require  an agency to violate one or more regulations of the federal Centers for Medicare and Medicaid Services.  

(d) This Code section shall stand repealed by operation of law on June 30, 2023."  

NVIC Advocacy is opposed to the expiration clause that was added.  Also, there should be a qualifier on the CMS exception.  We suggest people contact legislators to remove the expiration date and qualify the CMS carveout to only apply to valid and enforceable rules. The CMS rules are being challenged in court by 16 states so the carveout should not be written to stay in place.

UPDATE:  2/18/2022 - SB 345 is scheduled for a hearing in the Senate Health and Human Services Committee on Wednesday, Feb. 23rd, at 1:00 PM at Room 450 in the Capitol building. Agenda - https://www.senate.ga.gov/committees/Documents/hhs2.23.22.pdf

SB 345 is placed in the Senate Hopper on 1/14/2022.  This bill is sponsored by Senator Mullis with 14 cosponsors. 

The bill would: 

(1) Prohibit state and local government entities from requiring proof of any vaccination of any person as a condition of providing any service or access to any facility, issuing any license, permit, or other type of authorization, or performing any agency duties, and

(2) Prohibit state and local government entities, through any rules, regulations, ordinances, resolutions, or other actions from requiring that any person or private entity require proof of vaccination of anyone as a condition of providing any service or access to any facility, or as a condition of such person or private entity's performance of any regular activity.

While this bill does not address vaccine mandates and discrimination against employees, it is a positive step. 

https://www.legis.ga.gov/legislation/61178 - text, status and history for SB 345