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H.B. 296
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VETOES
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(III) 1. A. EXCEPT AS PROVIDED IN SUB-SUB-SUBPARAGRAPH
B SUBSUBPARAGRAPH 2 OF THIS SUB SUBPARAGRAPH SUBPARAGRAPH, THE
DIRECTIVE SHALL BE IN WRITING AND GIVEN TO THE INDIVIDUAL OR GROUP OF
INDIVIDUALS PRIOR TO THE INDIVIDUAL OR GROUP OF INDIVIDUALS BEING
REQUIRED TO GO TO AND REMAIN IN PLACES OF ISOLATION AND QUARANTINE.
B. 2. A. IF THE SECRETARY OR OTHER DESIGNATED
OFFICIAL DETERMINES THAT THE NOTICE REQUIRED IN SUB SUB SUBPARAGRAPH
A SUBSUBPARAGRAPH 1 OF THIS SUB-SUBPARAGRAPH SUBPARAGRAPH IS
IMPRACTICAL BECAUSE OF THE NUMBER OF INDIVIDUALS OR GEOGRAPHICAL
AREAS AFFECTED, THE SECRETARY OR OTHER DESIGNATED OFFICIAL SHALL
ENSURE THAT THE AFFECTED INDIVIDUALS ARE FULLY INFORMED OF THE
DIRECTIVE USING THE BEST POSSIBLE MEANS AVAILABLE.
2. B. IF THE DIRECTIVE APPLIES TO A GROUP OF
INDIVIDUALS AND IT IS IMPRACTICAL TO PROVIDE INDIVIDUAL WRITTEN COPIES
UNDER SUB-SUBPARAGRAPH 1A 1 OF THIS SUBPARAGRAPH, THE WRITTEN
DIRECTIVE MAY BE POSTED IN A CONSPICUOUS PLACE IN THE ISOLATION OR
QUARANTINE PREMISES.
(2) (I) AN INDIVIDUAL OR GROUP OF INDIVIDUALS ISOLATED OR
QUARANTINED UNDER SUBSECTION (B)(4) OF THIS SECTION MAY REQUEST A
HEARING IN CIRCUIT COURT CONTESTING THE ISOLATION OR QUARANTINE.
(II) A REQUEST FOR A HEARING MAY NOT STAY OR ENJOIN AN
ISOLATION OR QUARANTINE DIRECTIVE.
(3) UPON RECEIPT OF A REQUEST UNDER THIS SUBSECTION, THE
COURT SHALL CONDUCT A HEARING WITHIN 3 DAYS FROM RECEIPT OF THE
REQUEST.
(4) (I) IN ANY PROCEEDINGS BROUGHT FOR RELIEF UNDER THIS
SUBSECTION, THE COURT MAY EXTEND THE TIME FOR A HEARING UPON A SHOWING
BY THE SECRETARY OR OTHER DESIGNATED OFFICIAL THAT EXTRAORDINARY
CIRCUMSTANCES EXIST THAT JUSTIFY THE EXTENSION.
(II) IN GRANTING OR DENYING AN EXTENSION, THE COURT SHALL
CONSIDER THE RIGHTS OF THE AFFECTED INDIVIDUAL, THE PROTECTION OF THE
PUBLIC HEALTH, THE SEVERITY OF THE CATASTROPHIC HEALTH EMERGENCY, AND
THE AVAILABILITY, IF NECESSARY, OF WITNESSES AND EVIDENCE.
(5) (I) 1. THE COURT SHALL GRANT THE REQUEST FOR RELIEF
UNLESS THE COURT DETERMINES THAT THE ISOLATION OR QUARANTINE DIRECTIVE
IS NECESSARY AND REASONABLE TO PREVENT OR REDUCE THE SPREAD OF THE
DISEASE OR OUTBREAK BELIEVED TO HAVE BEEN CAUSED BY THE EXPOSURE TO A
DEADLY AGENT.
2. IF FEASIBLE, IN MAKING A DETERMINATION UNDER THIS
SUBPARAGRAPH, THE COURT MAY CONSIDER THE MEANS OF TRANSMISSION, THE
DEGREE OF CONTAGION, AND TO THE EXTENT POSSIBLE, THE DEGREE OF PUBLIC
EXPOSURE TO THE DISEASE.
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- 5058 -
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