433.441
Declaration of public health emergency. (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 declaration
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 declaration;
(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
declared public health emergency, the Governor may:
(a) Close, order
the evacuation of or order the decontamination of any facility the Governor has
reasonable cause to believe may endanger the public health.
(b) Regulate or
restrict by any means necessary the use, sale or distribution of food, fuel,
medical 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, 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 declaration
of a state of public health emergency expires when terminated by a declaration
of the Governor or no more than 14 days after the date the public health
emergency is declared unless the Governor expressly extends the declaration 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. [2003
c.555 §1; 2007 c.445 §23; 2013 c.332 §3; 2021 c.539 §88h]
Notes of Decisions
Elkhorn Baptist Church v. Brown, 466 P.3d 30 (Or. 2020).
· cites it 48× “The circuit court granted the preliminary injunction, finding that plaintiffs ultimately would prevail on their theory that the executive orders had expired under, or violated, durational limitations on the Governor’s author- ity to respond to public health emergencies under ORS…”
JGB Enter., LLC v. OLCC, 529 P.3d 262 (Or. Ct. App. 2023).
· cites it 2× “The Governor issued various executive orders in connection with the COVID-19 state of emergency.”
Along Came Trudy LLC v. OLCC (Or. Ct. App. 2024).
· cites it 5× “165, the Governor may implement any action authorized by ORS 433.441 to 433.452.” The actions authorized by ORS 433.”
Graham v. Brown (D. Or. 2021).
· cites it 4× “Among other things, EO 20-12 provided: Pursuant to ORS 433.441(3)(a), (b), (d), and (f), ORS 401.”
Open Our Oregon v. Kate Brown (D. Or. 2020).
“”1 Later that evening, the Oregon Supreme Court stayed Judge Shirtcliff’s injunction and ordered an expedited briefing schedule.”
— Or. Rev. Stat. § 433.441(1) — 1 case
Elkhorn Baptist Church v. Brown, 466 P.3d 30 (Or. 2020).
“The circuit court granted the preliminary injunction, finding that plaintiffs ultimately would prevail on their theory that the executive orders had expired under, or violated, durational limitations on the Governor’s author- ity to respond to public health emergencies under ORS…”
— Or. Rev. Stat. § 433.441(2) — 1 case
Elkhorn Baptist Church v. Brown, 466 P.3d 30 (Or. 2020).
“The circuit court granted the preliminary injunction, finding that plaintiffs ultimately would prevail on their theory that the executive orders had expired under, or violated, durational limitations on the Governor’s author- ity to respond to public health emergencies under ORS…”
— Or. Rev. Stat. § 433.441(3) — 3 cases
Elkhorn Baptist Church v. Brown, 466 P.3d 30 (Or. 2020).
“The circuit court granted the preliminary injunction, finding that plaintiffs ultimately would prevail on their theory that the executive orders had expired under, or violated, durational limitations on the Governor’s author- ity to respond to public health emergencies under ORS…”
JGB Enter., LLC v. OLCC, 529 P.3d 262 (Or. Ct. App. 2023).
“The Governor issued various executive orders in connection with the COVID-19 state of emergency.”
Along Came Trudy LLC v. OLCC (Or. Ct. App. 2024).
“165, the Governor may implement any action authorized by ORS 433.441 to 433.452.” The actions authorized by ORS 433.”
— Or. Rev. Stat. § 433.441(3)(a) — 1 case
Graham v. Brown (D. Or. 2021).
“Among other things, EO 20-12 provided: Pursuant to ORS 433.441(3)(a), (b), (d), and (f), ORS 401.”
— Or. Rev. Stat. § 433.441(3)(d) — 1 case
Along Came Trudy LLC v. OLCC (Or. Ct. App. 2024).
“165, the Governor may implement any action authorized by ORS 433.441 to 433.452.” The actions authorized by ORS 433.”
— Or. Rev. Stat. § 433.441(4) — 2 cases
Elkhorn Baptist Church v. Brown, 466 P.3d 30 (Or. 2020).
“The circuit court granted the preliminary injunction, finding that plaintiffs ultimately would prevail on their theory that the executive orders had expired under, or violated, durational limitations on the Governor’s author- ity to respond to public health emergencies under ORS…”
Along Came Trudy LLC v. OLCC (Or. Ct. App. 2024).
“165, the Governor may implement any action authorized by ORS 433.441 to 433.452.” The actions authorized by ORS 433.”
— Or. Rev. Stat. § 433.441(5) — 2 cases
Elkhorn Baptist Church v. Brown, 466 P.3d 30 (Or. 2020).
“The circuit court granted the preliminary injunction, finding that plaintiffs ultimately would prevail on their theory that the executive orders had expired under, or violated, durational limitations on the Governor’s author- ity to respond to public health emergencies under ORS…”
Open Our Oregon v. Kate Brown (D. Or. 2020).
“”1 Later that evening, the Oregon Supreme Court stayed Judge Shirtcliff’s injunction and ordered an expedited briefing schedule.”
— Or. Rev. Stat. § 433.441(6) — 1 case
Graham v. Brown (D. Or. 2021).
“Among other things, EO 20-12 provided: Pursuant to ORS 433.441(3)(a), (b), (d), and (f), ORS 401.”
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