Oregon HB 2305: Relating to goods necessary to address emergencies.

Bill Text

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81st OREGON LEGISLATIVE ASSEMBLY--2021 Regular Session
House Bill 2305
Sponsored by Representative EVANS (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced.
Authorizes Governor, if necessitated by emergency, to require any person in this state to accept
and fulfill orders for manufacture, sale or distribution of certain goods. Specifies conditions under
which person may reject such orders. Provides that person that accepts order is not liable for con-
tractual damages resulting from act or omission necessary for compliance with Act.
A BILL FOR AN ACT
Relating to goods necessary to address emergencies.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 2 of this 2021 Act is added to and made a part of ORS 401.165 to
401.236.
SECTION 2. (1) During a state of emergency, the Governor may, if necessitated by the
emergency, require any person in this state to:
(a) Accept and fulfill orders from the Governor for the manufacture, sale or distribution
of goods necessary to protect public safety; and
(b) Prioritize the acceptance and fulfillment of such orders over the acceptance and
performance of other orders.
(2) Notwithstanding subsection (1) of this section, a person may reject an order made
under this section if:
(a) The order is for goods or services that the person does not provide in the ordinary
course of business; or
(b) While prioritizing the order over other orders, the person is unable to fulfill the order
due to limitations in the person’s facilities or workforce.
(3) A person may not discriminate against orders made under this section in any manner,
including by charging higher prices or by imposing different terms and conditions than for
comparable orders in the ordinary course of business.
(4) A person that accepts an order under this section is not liable for contractual dam-
ages resulting from any act or omission that is necessary for compliance with this section.
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 278