SB97 Alabama 2021 Session

Summary

Primary Sponsor

Tom Whatley

Republican

Co-Sponsors

Greg AlbrittonGerald H. AllenWill BarfootDonnie ChesteenChris ElliottSam GivhanGarlan GudgerAndrew JonesSteve LivingstonDel MarshJim McClendonArthur OrrClay ScofieldShay Shelnutt

Session

Regular Session 2021

Title

State Health Officer, order issued in response to outbreak of a disease has full force of law if approved by Governor and filed with Secretary of State in state of emergency, Secs. 22-2-8, 31-9-8, 31-9-13 am'd.

Summary

SB97 rewrites Alabama’s emergency rules by shortening state emergencies, mandating governor approval and filing for health orders to have legal effect, limiting vaccination mandates, repealing municipal vaccination powers, and giving the Legislature new control over emergency extensions and special sessions.

What This Bill Does

It reduces the basic duration of a state of emergency to 45 days and caps extensions at 120 days, with the Governor able to extend indefinitely only for specific narrow emergencies. It requires that any health order from the State Health Officer to control a disease outbreak must be approved by the Governor and filed with the Secretary of State before taking effect. It allows the Legislature to call special sessions during emergencies and adds oversight provisions, including requiring notice to top legislative leaders before directives that suspend laws and mandating consultation with the Legislative Council before restricting private conduct. It prohibits vaccination mandates during a state of emergency and repeals a municipal provision that allowed cities to enforce compulsory vaccination.

Who It Affects

• Residents and private individuals in Alabama, who would be subject to health orders only after gubernatorial approval and filing, and would be protected from vaccination mandates during emergencies.
• State and local government entities (Governor, Legislature, State Health Officer, Secretary of State, municipalities) whose emergency timelines, authority to issue directives, and vaccination policies would be changed and subject to new oversight and filing requirements.

Key Provisions

• State of emergency terminates after 45 days; extensions up to 120 days by joint resolution; beyond 120 days, further extensions require a joint resolution by the Legislature; exceptions allow the Governor to extend indefinitely for certain narrowly defined emergencies (less than one-third of counties, oil spill, or weather-related events).
• A state health emergency order or directive from the State Health Officer to control an outbreak only takes effect after the Governor approves it and a copy is filed with the Secretary of State; such orders have the full force of law upon filing.
• The Governor, with input from the Legislature, may call special sessions during a state of emergency; the President Pro Tempore of the Senate may request a special session in writing, in addition to the Lt. Governor and Speaker.
• Vaccination mandates are prohibited during a state of emergency, and municipalities’ authority to compel vaccination is repealed (11-47-132).
• The Governor must provide 48 hours’ notice to the President Pro Tempore of the Senate and the Speaker of the House before any directive that would suspend a law takes effect, with exceptions for imminent threats; the Governor must consult the Legislative Council before directives that restrict private conduct.
• All orders and directives issued under the emergency authority become law when filed with the Secretary of State, and existing inconsistent laws are suspended to the extent of the conflict.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

State Health Officer