These bills authorizes Governor in emergencies 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, and provides that person accepting the order is not liable for contractual damages resulting from act or omission necessary for compliance with Act.
Personal Choice and Responsibility
In addition to raising constitutional concerns, this legislation could cause significant disruption in the supply chain that would negatively impact the production and distribution of other lifesaving medicines and treatments for patients.
HB 2305 allows the Governor, during a state of emergency, to require any person to accept and fulfil orders for manufacture, sale or distribution and to prioritize those orders over others. The measure allows a person to reject the orders, if the orders are for goods or service that the person does not provide in the ordinary course of business or if the person is unable to fulfill the orders because of limitations in the person’s workforce or facilities. The person is not allowed to discriminate, in any way, against the orders made by the Governor; this includes practices such as charging higher prices or changing the terms and conditions of the order from similar orders the person accepts in the ordinary course of business. Accepting these types of orders from the Governor, shields the person from liability of contractual damages due to any act or omission that arises from complying with the Governor’s orders.
Overrides the free market as if at war. The potential application of this authority could disrupt the supply chain and could harm the research and development (R&D) of new treatments and cures for patients, especially at a time when medical innovation is needed to fight COVID19 and other diseases. In addition, the biopharmaceutical industry is bringing revolutionary, innovative treatments changing and improving lives for many different diseases and conditions.