Department of Human and Health Services

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Unless intentional harm can be proven, the proposal states, “Neither the state, its political subdivisions, including the governor, public health authorities, the police, or other state officials, [will be held liable for] the death or injury to persons, or damage to property, as a result of complying with, or attempting to comply with this Act or any rules promulgated pursuant to this Act.”

Secretary Tommy Thompson acknowledged existence of the CDC model. He said, “We need not only a strong health infrastructure and a full stockpile of medical resources, but also the legal and emergency tools to help our citizens quickly.”

Under the proposed law, one case of smallpox in a job function email list public school could trigger authorities to urge a governor to declare a state of emergency. Once such is declared, the U.S. Constitution, Bill of Rights and most cherished civil liberties will be immediately suspended in addition to states being empowered to take immediate possession of private property under the doctrine of eminent domain.

Under Section 406 of the proposal under the heading, “Compensation,” it is explained that, “Compensation shall not be provided for facilities or materials that are closed, evacuated, decontaminated, or destroyed when there is reasonable cause to believe that they may endanger the public health...”