HB5164ham001 93RD GENERAL ASSEMBLY

Human Services Committee

Adopted in House Comm. on Mar 04, 2004

09300HB5164ham001 LRB093 19395 RAS 48300 a

AMENDMENT TO HOUSE BILL 5164

AMENDMENT NO. ______. Amend House Bill 5164 on page 4, line 26, before "judgment", by inserting "reasonable"; and

on page 4, line 27, by replacing "public's health" with "public from a dangerously contagious or infectious disease"; and

on page 4, line 33, by replacing "make it untenable" with "cause the court system to be unavailable or that make it impossible"; and

on page 5, by replacing lines 12 through 14 with the following: "purposes of this subsection, in determining whether no less restrictive alternative exists, the court shall consider evidence showing that, under the circumstances"; and

on page 5, line 22, by deleting ", and shall be notified of that right"; and

on page 5, line 24, after the period, by inserting the following: "Persons who are ordered to be isolated or quarantined or who are owners of places that are ordered to be closed and made off limits to the public, shall be given a written notice of such order. The written notice shall additionally include the following: (1) notice of the right to counsel; (2) notice that if the person or owner is indigent, the court will appoint counsel for that person or owner; (3) notice of the reason for the order for isolation, quarantine or closure; (4) notice of whether the order is an immediate order, and if so, the time frame for the Department to seek consent or to file a petition requesting a court order as set out in this subsection; and (5) notice of the anticipated duration of the isolation, quarantine, or closure."; and

on page 6, line 5, by replacing "informed" with "given a written notice that shall include notice"; and

on page 6, line 25, after the period, by inserting the following: "To the extent feasible without endangering the public's health, the Department shall respect and accommodate the religious beliefs of individuals in implementing this subsection."; and

on page 7, line 3, by replacing "informed" with "given a written notice that shall include notice"; and

on page 7, line 13, after the period, by inserting the following: "To the extent feasible without endangering the public's health, the Department shall respect and accommodate the religious beliefs of individuals in implementing this subsection."; and

on page 7, line 25, by replacing "informed" with "given written notice that shall include notice"; and

on page 8, line 9, after the period, by inserting the following: "An owner of such animal or other property shall be given written notice regarding such examination, testing, disinfection, seizure, or destruction."; and

on page 8, line 10, after "animal", by inserting "or property"; and

on page 8, line 35, after the period, by inserting the following: "All final administrative decisions of the Department hereunder shall be subject to judicial review pursuant to the provisions of the Administrative Review Law, and all amendments and modifications thereof, and the rules adopted pursuant thereto. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure."; and

on page 10, line 14, after "any", by inserting "syndromic"; and

on page 10, line 25, after "purposes", by inserting the following: "by the Department, local public health authorities, or the Centers for Disease Control and Prevention"; and

on page 12, line 14, by deleting ", related"; and

on page 12, line 15, by deleting "to,"; and

on page 12, lines 23 and 24, by deleting ", related to,"; and

on page 13, line 9, after the period, by inserting the following: "To the extent feasible without endangering the public's health, the Department shall respect and accommodate the religious beliefs of individuals in implementing this Section."; and

on page 14, lines 19 and 24, by replacing "emergency preparedness, response, mitigation, and recovery" each time it appears with "preparedness and response"; and

on page 15, by replacing lines 1 and 2 with the following:

"organizations on public health preparedness and response."; and

on page 17, line 22, by replacing "civilly liable" with "liable for civil damages".