Retains current law prohibiting state and local governments from requiring proof of COVID vaccination by removing expiration date

State: GA
Bill Number: SB 1
Position: SUPPORT
Action Required: NONE
Status: ENACTED, signed by Governor Brian Kemp on 5/2/2023, effective date 5/2/2023, Act 254

Legislation Details:

UPDATE: 5/2/2023 - SB 1 was enacted. Governor Brian Kemp signed it on 5/2/2023, and bill's provisions take effect immediately as Act 254. Click here and scroll down to SB 1 to see the file.

UPDATE: 4/5/2023 - SB 1 was sent to the Governor on 4/5/2023.  

UPDATE: 3/23/2023 - SB 1 passed the Full House on 3/23/2023 by vote of 99 Yes, 69 No, 2NV, and 10 Excused.

UPDATE: 3/13/2023 - SB 1 passed the House Public Health Committee on 3/13/2023. The video of the hearing can be viewed HERE.

UPDATE: 2/9/2023 - SB 1 was referred to the House Public Health Committee. 

UPDATE: 2/7/2023 - SB 1 passed Senate on 2/7/2023 by a vote of 31 Yes, 21 No, 4 Excused.  Text as passed by the Senate - https://www.legis.ga.gov/legislation/63490 

UPDATE: 2/6/2023 - SB 1 was read for a Second Reading in the Senate on 2/6/2023.

UPDATE: 2/2/2023 - SB 1 was amended to only remove the expiration date for the vaccine passport prohibition. The section on prohibiting mask mandates is removed.  You can watch the video beginning at the 8:00 minute mark here - https://vimeo.com/showcase/gasenhhs  

The legislature will address the mask issue at a later time.  According to this news article, Dolezal's bill originally would have also made permanent the existing five-year ban on schools being able to require children to wear masks. However, Dolezal said he now plans to bring a separate bill on that issue.  see this news article - https://www.timesfreepress.com/news/2023/feb/01/georgia-lawmakers-tfp/ 

SB 1 was referred to the Senate Health and Human Services Committee on 1/11/2023.  This bill is sponsored by Senator Dolezal with 25 co-sponsors. 

This bill removes Section (d) of current law 50-1-11 which is the expiration date of the law that was enacted by the Georgia Legislature in 2022 to prohibit state and local governments from requiring proof of COVID vaccination allowing it to stay in effect.  The bill also 

Current law, Section (d) to be removed: 

50-1-11. [Effective until June 30, 2023] Proof of COVID vaccination for government services not required; repealer.

(a) As used in this Code section, the term:

(1) “Agency” means:

(A) Every state department, agency, board, bureau, office, commission, public corporation, and authority;

(B) Every county, municipal corporation, school district, or other political subdivision of this state;

(C) 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

(D) Every city, county, regional, or other authority established pursuant to the laws of this state.

(2) “COVID-19” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), and any mutation or viral fragments thereof, or any disease or condition caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), which was the subject of the public health state of emergency declared by the Governor on March 14, 2020.

(b)

(1) 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

This bill becomes effective on approval of the Governor. 

https://www.legis.ga.gov/legislation/63490 - text, status and history for SB 1