I support the current social distancing measures in the effort to slow and eventually stop the spread of the Coronavirus. We must pay special attention to our senior, disabled, and vulnerable members of our communities to ensure their safety, as well as the safety of all Oregonians.
With that being said, I support these measures for short-term use for which they are intended for the next several weeks. We cannot continue these types of restrictions for the long run if we hope to avoid a full-blown depression in Oregon. Our small businesses and those that are currently out of work must be helped in any way we can.
The best way to end these restrictions is to abide by them. If we each, right now, take responsibility for our role in stopping the spread and practicing the necessary social distancing behaviors, soon the disease will have faded, and we can get back to work.
The question has been posed by several of my constituents about whether Governor Brown has the authority to issue an Executive Order mandating that Oregon residents “shelter-in-place” and stay home. I had my staff reach out to the Legislative Counsel, a group of attorneys who work for the Oregon Legislature, to get an opinion on where the Governor’s authority is outlined in the Oregon statutes. Below is the response we received from the Legislative Counsel:
“On March 8, 2020, the Governor declared a statewide state of emergency pursuant to ORS 401.165. A copy of the executive order declaring the state of emergency can be found here. The declaration provides the Governor with additional powers which, in pertinent part, can be found in ORS 401.168, 401.175 and 401.188. The powers described in these statutes are quite broad. For example, ORS 401.168 (1) states that during a state of emergency, the Governor has “the right to exercise…all police powers vested in the state by the Oregon Constitution in order to effectuate the purposes of this chapter.” ORS 401.188 authorizes the Governor to “[p]rescribe and direct activities in connection with use, conservation, salvage and prevention of waste of materials, services and facilities, including, but not limited to, production, transportation, power and communication facilities training, and supply of labor, utilization of industrial plants, health and medical care, nutrition, housing, rehabilitation, education, welfare, child care, recreation, consumer protection and other essential civil needs.”
In addition, ORS 433.441 (4) authorizes the Governor, after declaring a state of emergency, to take any action authorized during a state of public health emergency (ORS 433.441 to 433.452), which includes the power to “[c]lose, order the evacuation of or the decontamination of any facility the Governor has reasonable cause to believe may endanger the public health,” “[r]egulate or restrict by any means necessary the use, sale or distribution of food, fuel, medical supplies, medicines or other goods and services,” and “[t]ake any other action that may be necessary for the management of resources, or to protect the public during a public health emergency.” See ORS 433.441 (3)(a), (b) and (f).
On March 12, 2020, the Governor issued an executive order prohibiting gatherings of 250 or more persons (copy of the order here), and on March 16, 2020, the Governor issued an executive order further restricting gatherings to under 25 persons and prohibiting dine-in food service (copy of the order here). Your constituent has asked how this executive order can have the force of law with a criminal penalty. ORS 401.192 (1) provides that “[a]ll rules and orders issued under authority conferred by ORS 401.165 to 401.236 shall have the full force and effect of law both during and after the declaration of a state of emergency.” The penalty for violating a state of emergency executive order is described in ORS 401.990, which states that “[a]ny person knowingly violating any provision of this chapter, or any of the rules, regulations or orders adopted and promulgated under this chapter, shall, upon conviction thereof, be guilty of a Class C misdemeanor.”
Although the Governor cited ORS 433.441 as one of the statutes authorizing her executive orders, which would not be included in the reference to ORS 401.165 to 401.236 in ORS 401.192, or the reference to chapter 401 in ORS 401.990, we think a court would find that the broad powers described in ORS 401.165 to 401.236 also authorize these executive orders. The orders therefore have the force of law and are subject to the penalties described in ORS 401.990. We also should note that we are in somewhat unchartered territory here, since the current circumstances in this state are quite unusual, there is no case law on any of these statutes and it is unclear if they have ever been challenged.
Finally, a Class C misdemeanor is in fact a crime since a jail sentence may be imposed. See ORS 161.515. A Class C misdemeanor carries a maximum penalty of 30 days’ jail and a $1,250 fine. See ORS 161.615 and 161.635.”
If you have specific questions about your business, the Executive Orders, or anything regarding these measures, please contact my office so that we can help find you answers. My office can be reached at 541-889-8866 or via email.
I ask again that we each do our part to slow the spread of this virus. Stay home, stay healthy and be safe.
ONTARIO — With Democrats and Republicans at loggerheads over Senate Bill 1530, the cap and trade bill to reduce greenhouse gases, the Oregon Legislature’s short session ground to a halt Thursday afternoon as Republicans continued to deny both houses a quorum.
As the Senate neared a vote on the bill, Senate Republicans — with the exception of one — walked out to prevent the vote, followed by the House Republicans.
Democratic leaders hounded the Republicans for “not showing up for work,” with Senate President Peter Courtney calling the walkout “anarchy,” and saying if they are not going to serve, they should not run.
Republicans offered to return Sunday to help pass bills of their choosing, mainly budget bills, to conclude the session. However, Courtney and House Speaker Tina Kotek rejected that, with Kotek saying that all bills passed out of committee deserved to be voted on.
“This session is over,” Courtney said, as he adjourned Thursday’s afternoon session, saying the Senate will reconvene at the “call of the chair.”
“This session is functionally over,” Kotek said, as she adjourned the House, adding the House would reconvene at 11:59 p.m. Sunday, the scheduled time for adjournment for the short session.
‘Tactics used on our side are not long-term strategies’
“I am shocked at the Speaker’s decision to end the session prematurely, said House Republican Leader Christine Drazan, in statement. “We still had time to pass necessary funding, time to address the needs of Oregonians across the state, but Democratic leaders chose to sacrifice these budget bills and shared priorities in the name of their no-compromise approach to cap-and-trade.”
District 60 Rep. Mark Owens, along with Drazan, and their Republican colleagues decided to join the Senate GOP in a walkout on Feb. 25 over the cap and trade initiative. Both State Representatives and Senators expressed a hope to get back to the session before it adjourned, however wanted Democrats — the supermajority — to refer the carbon reduction bill to voters. But that promise never came.
“I am very disappointed in the outcome of the short session,” Owens said in a phone interview this morning. “The Democrats took one bill and made all Oregonians lose in pushing that forward.”
The session was always about one bill for the supermajority he said, but there were several budgetary items to be addressed. The hope was to get back in the Capital on the final day of session on Sunday.
“We were willing to come in but once again, they decided to hold Oregon hostage and all of Oregon will suffer as a result of that action,” Owens said.
“Gov. [Kate] Brown made it evident yesterday that she plans to take executive action to combat her climate change crisis,” he said, adding that while she has the authority to take such action, he didn’t know how implementable it was.
The partisan politics struck a chord with Owens this session, increasing his desire to focus on them.
“My strong desire is to rebuild relationships,” he said. “The tactics used on our side are not long-term strategies with which to govern Oregon. We have to make sure our constituent base knows that the walkout is a very serious position. I hope never to have to do it again.”
District 30 State Sen. Lynn Findley defended the Senate Republicans, saying he has been working, not just at the Capital, keeping in contact with his constituents.
“About 90 percent of e-mails I have received are in support of what the Republicans are doing,” he said.
Thursday, before the Legislature was adjourned, Findley said he was hopeful the Legislature would back into session on Sunday.
Republicans lobbied to have a bill put on the ballot for a vote of the people, but that was also rejected by the majority Democrats.
The House Rules Committee met Thursday afternoon to hear from Republicans who had been subpoenaed to explain their absences. When no Republican lawmaker showed up the committee adjourned after hearing from legislative council.
Owens said the Democrats are planning a “three-prong approach” to keep a walkout from being effective again: They will refer the matter to Oregon voters to change the constitution reducing the two-thirds needed to pass bills to a simple majority; they will change the terminology so that in a long session only days when a quorum is present count as a session day so that no party can “run the clock out”; and, Owens said, the other approach will be to assess fines on any lawmakers that have unexcused absences, with a certain number of those absences leading to a lawmaker’s release from office.
The Senate Rules Committee approved Senate Joint Resolution 201 which would end the two-thirds majority requirement for a quorum in either house and go to a simple majority with an amendment to the Oregon Constitution, which would require a vote of the people.
Oregon is only one of our states that requires a two-thirds majority of lawmakers to be present for a quorum, according to comments made the during the committees ‘ work session by Senate Majority Leader Ginny Burdick, who chairs the committee.
Courtney and Kotek said they will convene a meeting the Emergency Board to deal major budget items such as flood relief for Umatilla County.
Larry Meyer | The Argus Observer | March 1, 2020
VALE — People who want to get on the May 19 Primary Ballot have just over a week to file with the Oregon Secretary of State’s office for state and federal offices or the Malheur County Clerk’s office.
The deadline is March 10 at 5 p.m., local time.
There are 13 people vying to be nominated to run in the November General Election for the U.S. Second District Congressional seat now held by Rep. Greg Walden who is retiring after this year. Eight are Republicans and five are Democrats.
Republicans include Jason Atkinson of Jacksonville, Cliff Bentz of Ontario, Knute Buehler of Redmond, David Campbell of White city, Jimmy Crumpacker of Bend, Kenneth Medenbach of Crescent, Mark Roberts of White City, and Jeff Smith of Fairview.
The Democrats are Heuertz of Central Point, John Holm of Jacksonville, Jack Howard of La Grande, Alex Spenser of Klamath Falls and Isabella Tibbetts of Talent.
Running for Democratic nomination for U.S. Senate seat now held by Jeff Merkley is Michael David of Ashland. Three people have filed for the Republican nomination; they are Jo Rae Perkins of Albany, Paul J. Romero Jr. of Roseburg and Robert Schwartz of Springfield.
To date, Merkley has not filed.
Mark Hass, Jamie McLeod-Skinner and Cameron Smith, all Democrats have filed to be Secretary of State. To date, no Republicans have filed.
Incumbent Attorney General Ellen Rosenblum is the only one to file for that office.
Rep. Mark Owens, R-Crane, is the only one to file for his his District 60 seat and Sen. Lynn Findley, R-Vale, has filed for the Republican primary for his seat in District 30. Carina Miller, of Warm Springs, has filed for the Democratic nomination.