State Rep. Garrett introducing bill requiring State Health Officer approve county health orders during states of emergency

State Rep. Danny Garrett (R-Trussville) on Thursday told Yellowhammer News he will introduce a bill for the 2021 regular session of the legislature that would regulate the ability of Jefferson County’s and Mobile County’s respective health officers to implement measures stricter than those put in place by the State of Alabama.

Those are the only two counties in Alabama with their own health departments.

As it currently stands, both the Mobile County Health Officer and the Jefferson County Health Officer can issue health mandates for their jurisdictions that are more stringent than state health measures in place at the time.

A draft of Garrett’s bill states the following:

During a state of emergency declared pursuant to Section 31-9-8, Code of Alabama 1975, in response to a pandemic or outbreak of a disease, a county health officer may issue an order or directive that relates to the control, prevention, or minimization of the pandemic or outbreak, provided the State Health Officer has reviewed and provided written approval of the order or directive prior to its issuance.

Garrett currently serves as the House majority whip, as well as vice chair of the Committee on Education Policy and vice chair of the Committee on Ways and Means Education.

In a statement to Yellowhammer News, he outlined, “The bill I am filing will require that, during a state of emergency, a county health officer must have the express written approval from the State Health Officer before implementing measures beyond an order issued by the State Health Officer for the rest of the state.”

“During the COVID pandemic, the Jefferson County Health Officer has communicated with local legislative, county commission, and area Mayors and councils and area business leaders to solicit input and recommendations before proposed orders for the county were implemented,” Garrett added. “My proposed bill would continue this practice, but would also require that the State Health Officer formally approve any additional measures the Jefferson County Health Officer wants to implement that are not a part of a state wide health order.”

Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn