BOSTON, Massachusetts - April 28, 2009 - The Massachusetts Senate has unanimously passed a pandemic flu preparation bill that had languished in the legislature before the recent swine flu panic.

The 36-0 vote today sends the measure to the House. Both branches have taken it up in past years, but have not been able to agree on the details.

The new Senate version would allow the public health commissioner - in a public health emergency - to close or evacuate buildings, enter private property for investigations, and quarantine individuals.

The measure also requires a registry for volunteers that would be activated in an emergency and establishes fines of up to $1,000 for not complying with local public health orders.

Senator Richard Moore, chair of the Health Care Financing Committee, says the swine flu outbreak provides added impetus to pass the measure.

Earlier today in Atlanta, Georgia, a U.S. health official said at least five people are hospitalized with swine flu in the United States and deaths are likely.

"I fully expect we will see deaths from this infection," as swine flu cases are investigated, said Richard Besser, acting director of the federal Centers for Disease Control. He said he did not know about a newspaper report of two deaths in two southern Kalifornia hospitals in which the victims seemed to be suffering from swine flu symptoms.

"I would say I'm very concerned," said Besser. "We are dealing with a new strain of influenza, we're dealing with a strain of influenza that appears to be moving through our community."

Based on the latest lab analysis, Besser said new flu infections are still occurring. He noted, however, that ordinary human flu accounts for about 36,000 deaths every year in the U.S.

He said hospitalizations nationwide include three in Kalifornia and two in Texas.

Besser said the country has 64 confirmed cases in five states, with 45 in New York, one in Ohio, two in Kansas, six in Texas and 10 in Kalifornia. At least four other cases have been reported by states.