SB1 Alabama 2021 Session

This bill would authorize the State Health Officer or any county health officer to employ or engage contact tracers to trace those individuals who may have come into contact with an individual infected with COVID-19

This bill would provide privacy protections for infected individuals and others whose personal information is collected through contact tracing

This bill would require confidentiality of personal information collected through contact tracing

This bill would provide that cooperation in the contact tracing process is voluntary, and any individual who refuses or fails to cooperate in contact tracing is immune from liability arising from that refusal

This bill would require the State Board of Health to adopt rules

This bill would provide an expiration date of the act

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to contact tracing of the COVID-19 virus; to authorize the State Health Officer or any county health officer to employ or engage contact tracers to trace contacts of individuals infected with COVID-19 during the pandemic; to provide privacy protections for individuals whose personal information is collected through contact tracing; to require confidentiality of collected contact data; to provide that cooperation in contact tracing is voluntary; to provide immunity to individuals who refuse or fail to cooperate in contact tracing; to require the State Board of Health to adopt rules; to provide a limited duration of the act; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Section 1

(a) As used in this section, the following terms have the following meanings: (1) BOARD. State Board of Health. (2) CONTACT. An individual known to have been in association with an infected individual as to have had an opportunity of acquiring an infection. (3) CONTACT DATA. Information collected through contact tracing and includes medical, epidemiological, individual movement or mobility, names, or other data. (4) CONTACT TRACER. An individual or entity employed, contracted, or engaged by the board or by a county health department to conduct contact tracing. (5) CONTACT TRACING. Identifying individuals who may have been exposed to an infected individual for the purpose of containing the spread of COVID-19 by notifying the contact that the contact may have been exposed, should be tested, and should self-quarantine. (6) COVID-19. The novel coronavirus identified as SARS-CoV-2. (7) INFECTED INDIVIDUAL. An individual known or reasonably suspected to be infected with COVID-19. (b) The purpose of this section is to protect the privacy of individuals whose information is collected through contact tracing and the confidentiality of contact data. (c) Not later than six months after the effective date of this section, the State Health Officer shall adopt rules to implement and enforce this section. (d)(1) Whenever the State Health Officer or a county health officer determines contact tracing is necessary to protect public health as provided in Title 22, Code of Alabama 1975, the State Health Officer or a county health officer may conduct or authorize contact tracing by employing, contracting for, or engaging contact tracers. (2) Individuals acting as contact tracers shall meet the qualifications and training prescribed by rules of the board. Until the rules are adopted, individuals acting as contact tracers may act under the supervision of the State Health Officer and in compliance with this section. (3) Except as provided by subdivision (1), the state, a county, municipality, or other political subdivision, or a public official or agent thereof, may not conduct or authorize contact tracing. (e)(1) Before collecting any contact data, each individual acting as a contact tracer shall execute, under oath, on a form prescribed by rule of the board, an acknowledgment of familiarity with this section and the duties it imposes upon the individual, including the duty of confidentiality. (2) The state, county, municipality, or other political subdivision hiring, contracting with, or engaging the contact tracer shall maintain a copy of each executed form for not less than one year after the individual's duties as a contact tracer end, or pursuant to applicable records retention schedules as prescribed by rule, whichever is later. (3) A contact tracer shall be deemed an employee of the state for purposes of Section 36-1-12, Code of Alabama 1975. (f)(1) A contact tracer may not disclose the identity of an infected individual to a contact. (2) Only contact data specifically authorized by rule may be collected as part of contact tracing. (3) The State Health Officer, a county health officer, or a contact tracer may not produce contact data pursuant to a subpoena unless the subpoena is issued by a court and is accompanied by a valid protective order preventing further disclosure of the contact data. (4) Contact data shall be used only for the purpose of contact tracing. Contact data are confidential and are not subject to disclosure under Section 36-12-40, Code of Alabama 1975. (5) All contact data shall be safely and securely destroyed when no longer necessary for contact tracing. (g)(1) Participation in contact tracing shall be voluntary. A contact or infected individual shall not be compelled to participate in, nor be prohibited from participating in, contact tracing. No criminal, civil, or administrative liability shall arise against a contact or infected individual solely due to that individual's refusal or failure to cooperate in contact tracing conducted pursuant to this section. (2) Any contact or infected individual who, in good faith, discloses to a contact tracer information requested by the contact tracer under authority of this section shall be immune from civil, criminal, and administrative liability for the disclosure. (h) Contact tracing may be conducted through the use of a service or application that uses electronic location data, including, but not limited to, cellphone applications, to collect location data to identify or track, directly or indirectly, the movement of individuals; provided, however, no individual shall be compelled or required to use or install such an application on his or her cellphone. (i)(1) No third party shall be required to collect or maintain contact data regarding contacts or infected individuals for the purpose of contact tracing. (2) A contact tracer may not obtain from any third party contact data regarding a contact or infected individual; provided, however, contact data voluntarily collected or maintained by a third party may be obtained by a contact tracer if the third party provides the contact data voluntarily and with the consent of the contact or infected individual whose contact data are disclosed. (j)(1) A person may bring a civil action to enjoin violations of this section. (2) A knowing violation of this section is a Class C misdemeanor. (3) Contact data shall be deemed identifying information within the meaning of Section 13A-8-192, Code of Alabama 1975. (4) The remedies provided by this subsection shall be in addition to any other available civil or criminal remedies authorized by law. (k) This section shall be repealed on May 1, 2022.

Section 2

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 3

This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.