Oregon SB 533: Relating to actions affecting employment during states of emergency.

Bill Text

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81st OREGON LEGISLATIVE ASSEMBLY--2021 Regular Session
Senate Bill 533
Sponsored by Senator GIROD; Senator FINDLEY (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.
Provides that emergency statutes do not authorize Governor to take actions that prevent indi-
viduals from remaining gainfully employed or operating businesses.
A BILL FOR AN ACT
Relating to actions affecting employment during states of emergency; creating new provisions; and
amending ORS 433.441.
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. Nothing in ORS 401.165 to 401.236 or 433.441 to 433.452 authorizes the Gov-
ernor to take actions that directly or indirectly prevent individuals from remaining gainfully
employed in their current employment or operating their current businesses.
SECTION 3. ORS 433.441 is amended to read:
433.441. (1) Upon the occurrence of a public health emergency, the Governor may declare a state
of public health emergency as authorized by ORS 433.441 to 433.452 to protect the public health.
(2) A proclamation of a state of public health emergency must specify:
(a) The nature of the public health emergency;
(b) The political subdivision or geographic area subject to the proclamation;
(c) The conditions that have brought about the public health emergency; and
(d) The duration of the state of public health emergency, if the duration is less than 14 days.
(3) During a public health emergency, the Governor may:
(a) Close, order the evacuation of or the decontamination of any facility the Governor has rea-
sonable cause to believe may endanger the public health.
(b) Regulate or restrict by any means necessary the use, sale or distribution of food, fuel, med-
ical supplies, medicines or other goods and services.
(c) Prescribe modes of transportation, routes and destinations required for the evacuation of
individuals or the provision of emergency services.
(d) Control or limit entry into, exit from, movement within and the occupancy of premises in any
public area subject to or threatened by a public health emergency if such actions are reasonable
and necessary to respond to the public health emergency.
(e) Authorize pharmacists licensed under ORS chapter 689 to administer vaccines to persons
who are three years of age or older.
(f) Take any other action that may be necessary for the management of resources, or to protect
the public during a public health emergency, including any actions authorized under ORS 401.168,
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 2742

SB 533
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401.185, 401.188 and 401.192.
(4) Nothing in ORS 433.441 to 433.452 limits the authority of the Governor to declare a state
of emergency under ORS 401.165. If a state of emergency is declared as authorized under ORS
401.165, the Governor may implement any action authorized by ORS 433.441 to 433.452.
(5) A proclamation of a state of public health emergency expires when terminated by a decla-
ration of the Governor or no more than 14 days after the date the public health emergency is pro-
claimed unless the Governor expressly extends the proclamation for an additional 14-day period.
(6) When real or personal property is taken under power granted by this section, the owner of
the property shall be entitled to reasonable compensation from the state.
(7) Section 2 of this 2021 Act, relating to actions affecting employment, applies to ORS
433.441 to 433.452.
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