If your favorite store was closed to the public and only open to authorized personnel, would you consider the store to be open? While you might be able to still purchase items online from the store, the experience is very different. This difference matters. You would not be able to try on clothes to find the right fit or easily view similar items to decide which is the best value for you. Not being open for in-person interaction is a tremendous loss for Oregonians. In the final analysis, the obvious answer is the Capitol is not open, but closed. An open Capitol, as outlined in Article IV, Section 14 means having direct access to legislators and their staff. This is not possible during the current legislative session, and is a significant (unconstitutional) problem with the current process.

However, until the people of Oregon elect Republicans to the majority in the legislature, Democrats control the rules of operation and have great influence over the interpretation of the laws and constitution. Therefore we in the minority do the best we can, given our current circumstances.

COVID at The Capitol

Despite these difficult circumstances, we are winning some battles. The idea that PPP Loans and Stimulus Payments should not be taxed by the state is gaining momentum. That said, vigilance is still required. After two months of the 2021 Legislative Session, the bill to ban diesel fuel still only has a single sponsor and remains unpopular. The bill to grant the Governor authority to seize private property without compensation during an emergency, had its only sponsor remove his name from the bill. The legalization of prostitution bills did not make it past the chamber deadline, and therefore died in committee, as did the Senate bill on reparations.

Moreover, my work to pass two bills to help Oregon Tech and KCC passed the House and now move onto the Senate. I have also been able to get public hearings scheduled for my Crater Lake bill with Rep. Breese-Iverson (HB 3162) and a bill that would benefit Klamath Works, as well as other non-profit job training organizations (HB 3302). My bill with Senator Findley that helps Lake County cope with the scheduled closure of Warner Creek Correctional Facility (mid-2022) is also moving forward (SB 19).

A Long Way To Go

However, SB 554 (only sponsored by Democrats) is a gun control bill that passed in the Senate on Thursday; HB 2942 (only sponsored by Democrats), that opens the door to convicted felons working in K-12 public schools, is scheduled for a vote by the House Committee on Education; SB 401 (only sponsored by Democrats), which modifies Measure 11 mandatory minimum sentences, is scheduled for a vote by the Senate Judiciary committee; and three state prison closures, including Lake County's Warner Creek Correctional Facility, are imminent. Finally, the passage of Ballot Measure 110, in essence, legalized hard drugs and the Governor continues to release more criminals before they have completed their sentences.

My office has received numerous phone calls and emails concerning OR-OSHA’s decision to make mask mandates part of its permanent rules. OSHA has recommended permanent COVID-19 workplace rules that put costly new regulations on local employers, a year after the outbreak of the virus.

It is important to understand Oregon’s rule-making process only allows for a temporary rule to last 180 days. Once that time period passes, the rule must be replaced with a permanent rule or it ends. The intent for this “permanent rule” is to only be effective until the Governor declares the threat to the state is over and ends her state of emergency declaration. 

Michael Wood, OSHA’s Administrator wrote the following:

“Note: Although the rule must be adopted as a permanent rule, its purpose is to address the COVID-19 pandemic. Oregon OSHA intends to repeal the rule when it is no longer necessary to address that pandemic.“

To help stand against over-reaching and costly state mandates, I introduced HJR 18, which is a resolution the legislature can take up to end the Governor’s State of Emergency at any time. The Speaker of the House assigned HJR 18 to the House Committee on Rules with no public hearing scheduled.

By May 5th, when these new rules become operative, every Oregonian 16 years and older will be eligible for a COVID vaccine (though it is not required). OSHA should be providing workers and local businesses with certainty that their efforts during the past 12 months, following recommended guidelines, is appreciated. Employers and workers certainly should not be further penalized by government overreach. If you want your voice to be heard on this matter, OSHA needs to hear from concerned employers and workers about the proposed scope of COVID-19 workplace rules. Send your comments via email (tech.web@oregon.gov) or snail mail to OSHA Administrator Michael Wood by Friday, April 2, 2021.

Department of Consumer and Business Services/Oregon OSHA
PO BOX 14480
Salem, OR 97309