Article X-A of the Oregon State Constitution, section 3

This post looks at Section 3 of Article X-A of the Oregon State Constitution.  This Article deals with catastrophic disasters.  The section deals with procedural requirements for the legislature during catastrophic disasters.

Section 3, subsection (1)

This subsection allows that the legislature can meet during an emergency at a different place other than the Capitol.

Section 3, subsection (2)

This subsection waives quorum requirements.  This section actually has a real wording issue.  Background: so let's say we have a big catastrophe and this happens at a time when the legislature is not in session and the Representatives and Senators are all back at their districts.  The catastrophe creates problems for communication and travel.  So in order to be able to conduct business, not enough of the members of the House or Senate can make it to the place where they are going to hold the meetings to achieve quorum per Article IV, section 12.  This section allows that if two thirds of the members who can make it show up, you have quorum and can proceed.  The problem is how do you determine what is the whole number of the people who "can show up".  One would think that 100% of the people who can show up show up every time.  So any meeting called will have quorum.  Thankfully, we have never had a bad enough catastrophe to invoke this section and hopefully we never do, because the section will get challenged in court if ever invoked.

Section 3, subsection (3)

This subsection modifies the rules to pass a bill into law such that as per the above, two thirds of the members who can show up is enough to pass the bill in each chamber.

Section 3, subsection (4)

This subsection modifies the rules to pass an appropriations or taxation bill into law such that in line with the subsections above, three fifths of the members who can show up is enough to pass the bill in each chamber.

Section 3, subsection (5)

This subsection provides an exemption to the requirement in section 1a of Article IX that taxation bills cannot be emergency bills.  We imagine one of these superhero movies where the villain creates chaos so that an emergency is invokes so that special provisions and powers can be used to further the plans to take over the world.