Legislative Concept 247 is about to be considered in a ever more likely third special session of the year for the Oregon state legislature. Among the details of this proposal are durational limits for states of emergency declared by the State of Oregon under certain statutes. The bill also provides that the Legislative Assembly may also extend states of emergency by joint resolution.

Other details in the bill include:

• During the state of emergency, the Governor may extend the state of emergency by up to 14 additional days. The Governor may extend the state of emergency only once under this subsection.
• During the state of emergency, the Legislative Assembly may, by joint resolution, extend the state of emergency by any amount of time. There is no limit to the number of times the Legislative Assembly may extend the state of emergency under this subsection.
• The Governor shall terminate the state of emergency by proclamation when the emergency no longer exists, or when the threat of an emergency has passed. The Governor may terminate the state of emergency before the state of emergency terminates.
• The state of emergency proclaimed by the Governor may be terminated at any time by joint resolution of the Legislative Assembly.

The governor's emergency powers are also clarified in the bill:

• During a public health emergency, the Governor may close or order the evacuation of or the decontamination of any facility the Governor has reasonable cause to believe may endanger the public health.
• Regulate or restrict by any means necessary the use, sale or distribution of food, fuel, medical supplies, medicines or other goods and services.
• Prescribe modes of transportation, routes and destinations required for the evacuation of individuals or the provision of emergency services.
• 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.
• Authorize pharmacists licensed under ORS chapter 689 to administer vaccines to persons who are three years of age or older.
• 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.
• 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.

--Ben Fisher

Post Date: 2020-12-12 13:53:55

Last Update: 2020-12-13 10:19:32