Dan Myers
2009-09-27 07:34:11 UTC
H1N1 Pandemic Bill Equals Martial Law - Medical Police State
http://www.mass.gov/legis/bills/senate/186/st02/st02028.htm
SENATE, No. 2028
Senate, April 6, 2008
The committee on Healthcare Financing, to whom was referred the
petition (accompanied by petitions, Senate, No. 18 and House, No.
108), relative to pandemic preparation and response in the
Commonwealth, reported, recommending that the same ought to pass, with
an amendment substituting a new draft of the same title (Senate, No.
2028).
Richard T. Moore,
For the committee
Version with line numbers
The Commonwealth of Massachusetts
--------------------------------------------------------------------------------
In the Year Two Thousand and Nine.
--------------------------------------------------------------------------------
AN ACT RELATIVE TO PANDEMIC AND DISASTER PREPARATION AND RESPONSE IN
THE COMMONWEALTH.
Be it enacted by the Senate and House of Representatives in General
Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 17 of the General Laws is hereby amended by
striking out section 2A, as appearing in the 2006 Official Edition,
and inserting in place thereof the following section:-
Section 2A. (a) Upon declaration by the governor that an emergency
exists which is detrimental to the public health or upon declaration
of a state of emergency under chapter 639 of the acts of 1950, as
amended, the commissioner may, during such period of emergency, take
such action and incur such liabilities as he or she may consider
necessary to assure the maintenance of public health and the
prevention of disease. The commissioner may establish procedures to be
followed during such emergency to ensure the continuation of essential
public health services and the enforcement of the same.
In circumstances where the governor declares that the emergency
detrimental to public health is limited to a specified local area, the
appropriate local public health authority, as defined in section 1 of
chapter 111, may, with the approval of the commissioner, during such
period of emergency, take such action and incur such liabilities as it
may deem necessary to assure the maintenance of public health and the
prevention of disease. Furthermore, in such circumstances, such local
public health authority may, with the approval of the commissioner,
establish procedures to be followed during such emergency to insure
the continuation of essential public health services and the
enforcement of the same. Nothing in this section shall supersede the
normal operating authority of the local public health authorities,
provided that such authority shall not be exercised in a manner that
conflicts with any procedure or order issued by the Commissioner to
assure the maintenance of public health and the prevention of disease
during such emergency.
(b) Upon declaring a public health emergency or state of emergency,
the governor may activate the state comprehensive emergency management
plan and its associated processes, including authority pursuant to
chapter 639 of the acts of 1950. Such declaration may authorize the
deployment and use of any forces to which the plan applies and the use
or distribution of any supplies, equipment, materials, and facilities
assembled, stockpiled, or available.
(c) During such public health emergency or state of emergency, any
person who renders assistance or advice during the emergency as
provided in section 1 of chapter 258 shall be protected from liability
to the extent provided by chapter 258.
(d) During such public health emergency or state of emergency, any
person owning or controlling real estate or other premises who
voluntarily and without compensation grants a license or privilege, or
otherwise permits the designation or use of the whole or any part or
parts of such real estate or premises for the purpose of assisting in
responding to the emergency, shall not be civilly liable for causing
the death of, or injury to, any person on or about such real estate or
premises under such license, privilege, or other permission, or for
causing loss of, or damage to, the property of such person, except in
the event of willful, wanton, or reckless misconduct. The immunities
provided in this subsection shall not apply to any person whose act or
omission caused in whole or in part such emergency or who would
otherwise be liable therefore.
TOO LONG, GO TO LINK.
http://www.mass.gov/legis/bills/senate/186/st02/st02028.htm
SENATE, No. 2028
Senate, April 6, 2008
The committee on Healthcare Financing, to whom was referred the
petition (accompanied by petitions, Senate, No. 18 and House, No.
108), relative to pandemic preparation and response in the
Commonwealth, reported, recommending that the same ought to pass, with
an amendment substituting a new draft of the same title (Senate, No.
2028).
Richard T. Moore,
For the committee
Version with line numbers
The Commonwealth of Massachusetts
--------------------------------------------------------------------------------
In the Year Two Thousand and Nine.
--------------------------------------------------------------------------------
AN ACT RELATIVE TO PANDEMIC AND DISASTER PREPARATION AND RESPONSE IN
THE COMMONWEALTH.
Be it enacted by the Senate and House of Representatives in General
Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 17 of the General Laws is hereby amended by
striking out section 2A, as appearing in the 2006 Official Edition,
and inserting in place thereof the following section:-
Section 2A. (a) Upon declaration by the governor that an emergency
exists which is detrimental to the public health or upon declaration
of a state of emergency under chapter 639 of the acts of 1950, as
amended, the commissioner may, during such period of emergency, take
such action and incur such liabilities as he or she may consider
necessary to assure the maintenance of public health and the
prevention of disease. The commissioner may establish procedures to be
followed during such emergency to ensure the continuation of essential
public health services and the enforcement of the same.
In circumstances where the governor declares that the emergency
detrimental to public health is limited to a specified local area, the
appropriate local public health authority, as defined in section 1 of
chapter 111, may, with the approval of the commissioner, during such
period of emergency, take such action and incur such liabilities as it
may deem necessary to assure the maintenance of public health and the
prevention of disease. Furthermore, in such circumstances, such local
public health authority may, with the approval of the commissioner,
establish procedures to be followed during such emergency to insure
the continuation of essential public health services and the
enforcement of the same. Nothing in this section shall supersede the
normal operating authority of the local public health authorities,
provided that such authority shall not be exercised in a manner that
conflicts with any procedure or order issued by the Commissioner to
assure the maintenance of public health and the prevention of disease
during such emergency.
(b) Upon declaring a public health emergency or state of emergency,
the governor may activate the state comprehensive emergency management
plan and its associated processes, including authority pursuant to
chapter 639 of the acts of 1950. Such declaration may authorize the
deployment and use of any forces to which the plan applies and the use
or distribution of any supplies, equipment, materials, and facilities
assembled, stockpiled, or available.
(c) During such public health emergency or state of emergency, any
person who renders assistance or advice during the emergency as
provided in section 1 of chapter 258 shall be protected from liability
to the extent provided by chapter 258.
(d) During such public health emergency or state of emergency, any
person owning or controlling real estate or other premises who
voluntarily and without compensation grants a license or privilege, or
otherwise permits the designation or use of the whole or any part or
parts of such real estate or premises for the purpose of assisting in
responding to the emergency, shall not be civilly liable for causing
the death of, or injury to, any person on or about such real estate or
premises under such license, privilege, or other permission, or for
causing loss of, or damage to, the property of such person, except in
the event of willful, wanton, or reckless misconduct. The immunities
provided in this subsection shall not apply to any person whose act or
omission caused in whole or in part such emergency or who would
otherwise be liable therefore.
TOO LONG, GO TO LINK.