Ontario Community Recreation Center hearing, fixes for small school boards and farmland in focus Leslie Thompson | Argus Observer | February 19, 2023
ONTARIO — Andrew Maeda, executive director of Ontario Recreation District traveled to Salem for a public hearing this week and it went well. That was one piece of a large update Wednesday morning on how things are going in Oregon’s legislative session.
Providing the update and opportunity to dialogue were Dist. 30 Sen. Lynn Findley, R-Vale, and Dist. 60 Rep. Mark Owens, R-Crane. Their respective districts include Malheur County.
Thanks to co-hosts Ontario Area Chamber of Commerce and Treasure Valley Community College, the Legislative Hotline is expected to continue the third Wednesday of each month through the session, with other cities or counties in the lawmakers’ districts eventually getting patched in, too. The meetings will be in the Hanigan Board Room in the Laura Moore Cunningham Science Center at TVCC. This is the same room where the TVCC Board of Education holds its monthly meetings.
Findley said the pace of the session, which is in its fifth week, has picked up significantly, with some bills now going across chambers. The first deadline is two weeks away to read the bills or they start dying.
With about 4,000 bills, Findley noted, that will be a good thing. Owens remarked how each legislative committee has been assigned about 90 bills and won’t be able to get to them all.
Today marks the final day for Legislative Concepts to get out of the office for introduction.
This coming Tuesday is the expected day for the revenue forecast for February, which will “get us rolling” on the budget. That forecast is expected to set the stage and Findley said “there’s a lot of apprehension we may be in a deeper hole that we thought.”
Owens pointed out how more contentious bills are going to be coming down the pipeline in the next week; however, added that the atmosphere at the Capitol has “been more bipartisan.” He said that is intentional on the Democrat leadership, with conversations happening on everything from “the most conservative bill to the most liberal bill.”
“Which I haven’t seen before this session,” Owens said, adding that it was a good thing.
The majority party is allowing hearings on bills that would never have had hearings before and “setting a more positive tone in the building.”
Rec center bill picks up bipartisan support
Findley and Owens are chief sponsors of House Bill 2410 aimed at getting lottery bonds to build the Ontario Community Recreation Center which had a hearing on Tuesday. There are currently 59 written comments in support of it, all from citizens in the Ontario area.
The hearing was held on Tuesday by the House Committee on Emergency Management, General Government and Veterans. HB 2410 authorizes the issuance of $4.5 million in lottery bonds to facilitate the construction and project management of the Ontario Community Recreation Center.
Owens noted how they had heard some questions from other lawmakers about why they needed to have a hearing on a bill for a capital construction request. He said sometimes those requests come with a compelling story, like Ontario’s, and need help from the community in pushing it through Ways and Means.
Findley said that the hearing was “excellent,” and that he heard from some of the majority party afterward.
“It’s gaining bipartisan support,” he said, noting how that was important as lawmakers would have to hone down what projects they will allocate funding to. HB 2410 carries an emergency declaration.
Findley said that he got a call from Maeda on Sunday asking whether he should attend in person or virtually.
“I don’t think you can beat in person,” Findley said, emphasizing how it help with networking.
Owens said Maeda “did a great job” at the hearing and Findley commented how Maeda stood in the hallway afterward and had at least three lawmakers come by and shake his hand, telling him he did a good job.
Findley said he knows how hard it is to travel from Malheur County to Salem, which takes 7 to 8.5 hours.
“It’s a big commitment to come, and sometimes it’s worth it,” he said. “We’re happy with how the hearing went and we’ll see how it goes.”
Bills with legs include fix for small school boards
There are a lot of bills floating around for eastern Oregon and some for Malheur County “have some legs,” according to Findley.
This includes mirror bills, Senate Bill 66 and House Bill 2505, both of which aim to allow municipalities to raise up the local tax collected on the sale of marijuana goods and bills on exemptions for the corporate activity tax, a bill regarding what to do with batteries from electric vehicles; and House Bill 2689 that would allow processing of 1,000 meat rabbits or fewer to be sold for local meat (that stemmed from a 13-year-old from Baker County who raises rabbits).
One that received unanimous support was House Bill 2764 A, which came about due to Michael Vaughan, who went missing at the age of 5 near his home in Fruitland, Idaho, in July of 2021. He still has not been found.
The bill would create a stopgap for persons not eligible for Amber Alerts, but who may still be missing or endangered.
“Remember Michael Vaughan? Idaho like all 50 states, couldn’t issue an Amber Alert because there was no suspect vehicle and a lot of things, they couldn’t put out, basically what I call and APB,” Owens said.
He noted that Idaho and Washington have since created a new system and that Oregon had started on that journey with four amendments now combined into one.
The bill would allow Oregon State Police to craft a missing and endangered response. Owens noted that there are typically 1,300 people on the missing endangered list, this bill should hopefully reduce that. The bill passed unanimously in the House and was referred to the Senate Labor and Business committee on Thursday.
Another bill Owens is hopeful will pass is House Bill 3203, floated by Dist. 56 Rep. Emily McIntire. That bill would be a fix to a bill that was passed in 2022 which requires school board members to fill out Statement of Economic Interest forms. That law goes into effect April 15.
“For a lot of our farmers and ranchers, it’s pretty obnoxious,” he said. “We got calls from Arock, Jordan Valley, Crane, Nyssa, with ‘What is this? We will resign before the April 15 deadline.’”
HB 3203 would exempt board members in schools with 7,500 or fewer students. While that wouldn’t cover Baker or Ontario, it would help out those smaller, more rural districts.
Owens said they fought against the bill last year on behalf of small school districts, but “got railed hard.” But now, with so much pushback from members of small boards, the lawmakers made their case for an exemption. Owens says it is expected to pass through both chambers; However, it’s unknown if it the governor will be able to sign it by April 15 when the new rule kicks in.
“We will make sure there are no fines” for people in small school districts who have not filled them out by then.
One bill that is receiving major pushback is Senate Bill 70 for which a public hearing was held Feb. 8. The bill is a technical fix for the Eastern Oregon Economic Development Region and regards rezoning non-irrigated farmland to residential land. The bill only impacts lands that have not been employed for farm use in the prior three years. It does not include high-value farmland, land with predominantly composed Class I, II or III soils or land which is viable for reasonably obtaining a profit through farm use.
Findley said the Bill was a technical fix to one that passed two years ago and that he thought it would move through well.
“That is not the case, we’re receiving major pushback,” he said. “It’s going to be a tough road, as the opposition to that bill is intense.”
He said lawmakers were receiving thousands of emails about how terrible the bill is, adding “it’s really not.”
“Some in Oregon say it is an effort by eastern Oregon to build vacation homes on exclusive farm ground,” Owens said, noting they had showed them maps explaining how it is not. “It’s extremely frustrating the lack of information people have when they go into hard-press opposition to it.”
Mike Blackaby noted that he thinks those opposed believe the bill is “taking land that is irrigated. If you sent a picture, you could see it is not — it is sagebrush.”
Findley noted the land in question was near the Owyhee Irrigation District and would only fit about 100 homes on 2-acre lots. Some have suggested to use Ontario’s Urban Reserve area instead, however Findley said that it’s all Class I farmland and as such, not an option in his mind.
“It’s a lack of education on their part and a lack of becoming educated,” he said. “They just want to throw rocks.”
The lawmakers said with all the opposition, it would be nice to see letters of support from residents in the county. Findley added that Border Board Executive Director Shawna Peterson did “an incredible job testifying last week,” but added that it was “hard to convince people when they don’t want to learn.”
Owens also suggested emailing Sen. Jeff Golden at Sen.JeffGolden@oregonlegislature.gov to express concern about the misinformation over SB 70 and request a meeting. Golden is the chairman of the Natural Resources Committee which held the hearing.
ONTARIO — More and more people are stepping up and voicing their opinion over people having a choice versus being mandated to get vaccinated for COVID-19 or lose their respective job. This comes on the heels of mandates for worker classes, including those who work for the state, in health care or in K-12 schools.
A protest was staged on Wednesday afternoon in front of Saint Alphonsus Medical Center-in Ontario and the same group, Stand for Kids-Malheur, is planning to be back there Saturday from 10 a.m. to noon. The group stated that their protests are not about being against vaccines, but about the freedom of an individual to choose whether they want that medical procedure.
About 100 people showed up at the beginning of the protest on Wednesday, with more showing up during the two-hour stretch. There were also at least two people circulating petitions on behalf of Malheur County Sheriff Brian Wolfe, who is aiming to gather as many signatures as possible through Sept. 7 to be sent with a letter to Gov. Kate Brown stating that she and other leaders are using the pandemic to enforce unconstitutional mandates, emphasizing that people should have the freedom to choose whether to get a vaccine or wear a mask, adding that individuals will have to deal with their own consequences of doing that.
While many citizens have voiced similar opinions, the Malheur County Health Department on Wednesday released a letter to news agencies which included signatures of more than 40 local health-care providers, urging people to have open and honest discussions about the risks and benefits of being vaccinated versus getting or spreading COVID. Additionally, the department is bringing back free testing and vaccination events, starting next Tuesday, and running every Tuesday from 9 a.m. to 4 p.m. at the Malheur County fairgrounds.
On Thursday, Sen. Lynn Findley, R-Vale and Rep. Mark Owens, R-Crane, in a news release stated they had reached out to Brown on Wednesday urging her to “halt and reverse” her recent vaccine requirements for specific worker classes, as well as add “robust medical and religions exemptions immediately.”
Those mandates could cripple the rural area, according to their release, which states that due to those mandates, a local school district may have to close, a local fire and ambulance service may lose the majority of its members, as most of the firefighters are cross-trained as emergency medical technicians.
The lawmakers said they received a letter from Jess Tolman, Fire and EMS Chief for the Vale Fire and Ambulance, who stated that 16 out of 22 members of that agency will resign from their jobs if the mandate is enforced, effectively closing their department. The agency is responsible for 2,500 square miles with some communities more than two hours apart.
“If this mandate continues to be enforced, we will have no choice but to close the department down. This will greatly impact the community that relies on us to care for time sensitive emergencies. We ask that Governor Brown lift these mandates so we can continue to provide lifesaving care here in Malheur County,” Tolman was quoted in the news release.
Additionally, Jordan Valley School Superintendent Rusty Bengoa, in the lawmakers’ release, outlined how it may displace all of the students in that school district due to forecasted staff shortages.
“Out of the 25 total school staff at the Jordan Valley School District, including teachers, para-pros, office personnel, administrators, bus drivers, and coaches, 21 have stated they will not get the Covid-19 vaccine. That is 84% of the staff in Jordan Valley. If this happens there is no way that the school district can sustain that loss to personnel. It is already extremely difficult just to replace one teacher when a position opens. The Jordan Valley School District will have no other option but to close if this requirement stands,” Bengoa said. “That will leave 65 students who live 46 miles from the closest town, which is actually in Idaho, and 70 miles from its closest Oregon neighboring town, with no access to a school.”
Owens said the debate is not about the reality or dangers of COVID or the Delta variant or the efficacy of the vaccine.
“This is about a gross overreach of authority that is legally, ethically, and morally wrong. The decision to get the COVID-19 vaccine is a personal and private conversation and choice between the individual and their health-care provider,” he said.
Owens contacted Oregon Legislative Counsel last week with multiple questions on how these exemptions would work if they are in fact implemented. At this time, those questions remain unanswered.
Findley, in a phone interview this morning, says they have not heard back from Brown, either.
When asked how long people might stay in their respective positions before leaving, he said he wasn’t certain.
“Nobody wants to leave,” he said.
Findley’s hope for robust exemption, he said would be that those would “accommodate the desires and beliefs and thoughts of the citizens without having to prove anything.”
In the news release, Findley said the impact to the rural area will be severe for schools, health-care providers, hospitals, prisons, public safety and social and public services.
“These mandates will result in more harm than good and will have an opposite effect than desired,” Findley said.
Outside of Malheur County, the lawmakers say that forced vaccinations will also harm health systems in Harney, Jefferson and Baker county, too. This includes the Harney County Health District, whose CEO states that the mandates will drive the workers to other organizations, other states or out of health care all together.
“That one decision to mandate vaccines has done more to put our rural health system at risk than any other threat I have faced in my 30 years of working in hospitals,” said Dan Grigg, CEO, Harney County Health District in the lawmakers’ news release.
A pharmacy technician from Jefferson County said after 36 years of working in a frontline positions, she will be forced to quite her career she loves or give up her rights.
“It’s a really scary and heartbreaking time for our state,” she said.
In Harney County, the Burns Dental Group serves about 2,500 patients on the Oregon Health Plan, and it is believed it would also close.
Oregon State Representative Mark Owens
House District 60
Rep. Mark Owens’ Statement on Governor Brown’s Statewide Two-Week Freeze
CRANE—Representative Mark Owens (R-Crane) issued the following statement in response to Governor Brown’s Two-Week Freeze:
“Governor Brown’s one-size-fits-all approach to shutting down our state is far too extreme. Our eastern and rural Oregon communities in House District 60 will suffer to the point of no return. I am fully committed to stopping the spread of COVID-19, but these extreme regulations do not match the metrics.
Once again, our local elected leaders, public health authorities and businesses were not invited to the table to have a conversation about COVID-19 in our communities. Furthermore, evidence is lacking to support the arbitrary, targeted closures and restricted activities of certain businesses over others. Our businesses across Oregon will not survive another shutdown and thousands of Oregonians will lose their jobs, again, right before the holidays.
The secondary impacts of preventing the spread of COVID are significant and cannot be ignored; we’ve seen a devastating increase in suicide especially among youth and young adults, drug and alcohol use, and domestic and sexual violence. Our elderly family members have gone months without visitors or family and are dying alone.
I implore the Governor to reconsider this one-size-fits-all freeze, and speak with our businesses, local leaders and authorities to find a different path forward before it is too late for our families, communities, and our state.”
Rep. Owens also referenced agreement with a statement made by Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association (ORLA), in a letter to Governor Brown:
“Businesses throughout Oregon have proven that they can make the operational changes necessary to keep their employees and their customers safe, even during this unprecedented pandemic. What we need now is a plan to address the root of the problem without causing additional harm to Oregonians throughout the state,” said Brandt.
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.
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.
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