Shaw: Under the Law Newsom Acts Like a Rogue Governor

Many have asked if the Regressive Guv Newsom has the authority to close down California.  Mark Shaw has done the research showing the LIMITED ability of the Governor—just for those infected and a few others.  Mostly, he acted illegally, saying, “if you do not like it, sue me”.  So lawsuits have been filed.  In the meantime, millions are unemployed, students lost at least a semester of education and tens of thousands of businesses will never open again.

“(a), the local health officer may issue orders to other governmental entities within the local health officer’s jurisdiction to take any action the local health officer deems necessary to control the spread of the communicable disease.

(c) A local health officer that provides the notification and information to a governmental entity pursuant to subdivision (a), and the governmental entity that receives the notification and information, shall comply with all applicable state and federal privacy laws.

(Added by Stats. 2019, Ch. 798, Sec. 1. (AB 262) Effective January 1, 2020.)

Bottom line:  It is the job of local health officials, not the Governor to make decisions about salons, jobs, churches and business.  The Governor usurped the responsibility.  In most cases, his Executive Orders—39 and the 172 laws he changed without a vote of the Legislature is totally illegal.  More reason for him to be Recalled.  Will you help?

Shaw:  Under the Law Newsom Acted Like a Rogue Governor

Mark Shaw, Exclusive to the California Political News and Views,  5/27/20

On March 4, in response to the COVID-19 pandemic, Gov. Gavin Newsom declared a state of emergency, allowing him to override virtually every law on the books.

I  have not been able to find any such allowance in the laws of the state.  The emergency provisions of the Code are sweeping, but they do not allow laws to be overridden.  They do allow the Governor to suspend administrative, procedural regulations (i.e., red tape) that might otherwise hinder an effective governmental response to an emergency.  Except as noted below, they do not allow the Governor to abrogate any other laws, or to substitute executive orders in place of any other laws, or to issue executive orders governing anything outside of the Governor’s purely administrative responsibilities:

8571.

During a state of war emergency or a state of emergency the Governor may suspend any regulatory statute, or statute prescribing the procedure for conduct of state business, or the orders, rules, or regulations of any state agency, including subdivision (d) of Section 1253 of the Unemployment Insurance Code, where the Governor determines and declares that strict compliance with any statute, order, rule, or regulation would in any way prevent, hinder, or delay the mitigation of the effects of the emergency.

(Amended by Stats. 1990, Ch. 1474, Sec. 1.)

The Governor’s emergency authorities extend to private entities in one way only: The Governor is allowed to commandeer private property and personnel where necessary to carry out his responsibilities in the emergency, but he is required to pay for it:

8572.

In the exercise of the emergency powers hereby vested in him during a state of war emergency or state of emergency, the Governor is authorized to commandeer or utilize any private property or personnel deemed by him necessary in carrying out the responsibilities hereby vested in him as Chief Executive of the state and the state shall pay the reasonable value thereof.

Notwithstanding the provisions of this section, the Governor is not authorized to commandeer any newspaper, newspaper wire service, or radio or television station, but may, during a state of war emergency or state of emergency, and if no other means of communication are available, utilize any news wire services, and the state shall pay the reasonable value of such use. In so utilizing any such facilities, the Governor shall interfere as little as possible with their use for the transmission of news.

(Added by Stats. 1970, Ch. 1454.)

Regarding health emergencies, and more particularly emergencies regarding communicable and infectious diseases, governmental authority is limited to gathering and disseminating information, to mobilizing governmental entities, and to the isolation and/or quarantine of infected or infectious individuals, animals, property, or other things that might harbor or spread disease:

HEALTH AND SAFETY CODE – HSC

DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 – 122477]

  ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. )

PART 1. ADMINISTRATION OF COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 – 120305]

  ( Part 1 added by Stats. 1995, Ch. 415, Sec. 7. )

CHAPTER 3. Functions and Duties of Local Health Officers [120175 – 120250]

  ( Chapter 3 added by Stats. 1995, Ch. 415, Sec. 7. )

120175.

 Each health officer knowing or having reason to believe that any case of the diseases made reportable by regulation of the department, or any other contagious, infectious or communicable disease exists, or has recently existed, within the territory under his or her jurisdiction, shall take measures as may be necessary to prevent the spread of the disease or occurrence of additional cases.

(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)

120175.5.

 (a) During an outbreak of a communicable disease, or upon the imminent and proximate threat of a communicable disease outbreak or epidemic that threatens the public’s health, a local health officer shall do both of the following:

(1) Promptly notify and update governmental entities within the local health officer’s jurisdiction about communicable diseases listed in Section 2500 of Title 17 of the California Code of Regulations that may affect them, if, in the opinion of the local health officer, action or inaction on the part of the governmental entity might affect outbreak response efforts.

(2) Make any relevant information available to governmental entities, including, but not limited to, the locations of concentrations of cases, the number of residents affected, and the measures that the governmental entities should take to assist with outbreak response efforts.

(b) In addition to the actions required under subdivision (a), the local health officer may issue orders to other governmental entities within the local health officer’s jurisdiction to take any action the local health officer deems necessary to control the spread of the communicable disease.

(c) A local health officer that provides the notification and information to a governmental entity pursuant to subdivision (a), and the governmental entity that receives the notification and information, shall comply with all applicable state and federal privacy laws.

(Added by Stats. 2019, Ch. 798, Sec. 1. (AB 262) Effective January 1, 2020.)

120176.

 During an outbreak of communicable disease, or upon the imminent and proximate threat of communicable disease outbreak or epidemic that threatens the public’s health, all health care providers, clinics, health care service plans, pharmacies, their suppliers, distributors, and other for-profit and nonprofit entities shall, upon request of the local health officer, disclose to the local health officer inventories of, critical medical supplies, equipment, pharmaceuticals, vaccines, or other products that may be used for the prevention of, or may be implicated in the transmission of communicable disease. The local health officer shall keep this proprietary information confidential

(Added by Stats. 2006, Ch. 874, Sec. 6. Effective January 1, 2007.)

120180.

 If the health officer of any county having a population of 5,000,000 or more employs personnel as inspectors or investigators in the enforcement of the Communicable Disease Prevention and Control Act (Section 27), who are not otherwise licensed, registered, nor certified by this state, the personnel shall meet any one of the following minimum standards and qualifications:

(a)  Possess a bachelor’s degree in public health from an institution on the list of accredited colleges of the United States Office of Education.

(b)  Possess a bachelor’s degree with a minimum of 30 semester units of basic sciences from an institution on the list of accredited colleges of the United States Office of Education; or a statement from an accredited institution that the applicant has successfully completed a minimum of 16 semester units distributed among at least the following fields: public health and administration, epidemiology, public health statistics, public health microbiology, and communicable disease control.

(c)  Possess a bachelor’s degree from an institution on the list of accredited colleges of the United States Office of Education; and have had at least one year of full-time experience or the equivalent in investigation or inspection work in public health or law enforcement.

(d)  Be employed as an inspector or investigator in communicable disease prevention and control by a county health department in the State of California, and have passed an official civil service examination therefor prior to the effective date of this section.

(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)

120185.

 In the case of a local epidemic of disease, the health officer shall report at those times as are requested by the department all facts concerning the disease, and the measures taken to abate and prevent its spread.

(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)

120190.

 Each health officer shall immediately report by telegraph or telephone to the department every discovered or known case or suspect case of those diseases designated for immediate reporting by the department. Within 24 hours after investigation each health officer shall make reports as the department may require.

(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)

120195.

 Each health officer shall enforce all orders, rules, and regulations concerning quarantine or isolation prescribed or directed by the department.

(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)

120200.

 Each health officer, whenever required by the department, shall establish and maintain places of quarantine or isolation that shall be subject to the special directions of the department.

(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)

120205.

 No quarantine shall be established by a county or city against another county or city without the written consent of the department.

(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)

120210.

 Whenever in the judgment of the department it is necessary for the protection or preservation of the public health, each health officer shall, when directed by the department, do the following:

(a)  Quarantine or isolate and disinfect persons, animals, houses or rooms, in accordance with general and specific instructions of the department.

(b)  Destroy bedding, carpets, household goods, furnishings, materials, clothing, or animals, when ordinary means of disinfection are considered unsafe, and when the property is, in the judgment of the department, an imminent menace to the public health.

When the property is destroyed pursuant to this section, the governing body of the locality where the destruction occurs may make adequate provision for compensation in proper cases for those injured thereby.

(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)

120215.

 Upon receiving information of the existence of contagious, infectious, or communicable disease for which the department may from time to time declare the need for strict isolation or quarantine, each health officer shall:

(a)  Ensure the adequate isolation of each case, and appropriate quarantine of the contacts and premises.

(b)  Follow local rules and regulations, and all general and special rules, regulations, and orders of the department, in carrying out the quarantine or isolation.

(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)

120220.

 When quarantine or isolation, either strict or modified, is established by a health officer, all persons shall obey his or her rules, orders, and regulations.

(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)

120225.

 A person subject to quarantine or strict isolation, residing or in a quarantined building, house, structure, or other shelter, shall not go beyond the lot where the building, house, structure, or other shelter is situated, nor put himself or herself in immediate communication with any person not subject to quarantine, other than the physician, the health officer or persons authorized by the health officer.

(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)

120230.

 No instructor, teacher, pupil, or child who resides where any contagious, infectious, or communicable disease exists or has recently existed, that is subject to strict isolation or quarantine of contacts, shall be permitted by any superintendent, principal, or teacher of any college, seminary, or public or private school to attend the college, seminary, or school, except by the written permission of the health officer.

(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)

120235.

 No quarantine shall be raised until every exposed room, together with all personal property in the room, has been adequately treated, or, if necessary, destroyed, under the direction of the health officer; and until all persons having been under strict isolation are considered noninfectious.

(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)

120240.

 If, pursuant to Section 120130, a modified isolation order is issued, and the order is not complied with, the local health officer may, in that instance, issue a strict isolation order.

(Added by Stats. 1995, Ch. 415, Sec. 7. Effective January 1, 1996.)

120245.

 Each health officer, other than a county health officer, in the county shall transmit to the county health officer at least weekly in writing a report showing the number and character of infectious, contagious, or communicable diseases reported, and their location.

(Added by Stats. 1995, Ch. 415, Sec 7. Effective January 1, 1996.)

120250.

 All physicians, nurses, clergymen, attendants, owners, proprietors, managers, employees, and persons living with, or visiting any sick person, in any hotel, lodginghouse, house, building, office, structure, or other place where any person is ill of any infectious, contagious, or communicable disease, shall promptly report that fact to the health officer, together with the name of the person, if known, the place where he or she is confined, and the nature of the disease, if known.

(Amended by Stats. 1996, Ch. 1023, Sec. 350.5. Effective September 29, 1996.)

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=HSC&division=105.&title=&part=1.&chapter=3.&article=

The law regulating governments’ response to the occurrence of contagious, infectious or communicable disease is limited to:

  • Collecting, transmitting, and reporting information about the disease.
  • Issuing orders to other governmental entities.
  • Issuing orders to quarantine or isolate infected or infectious persons, animals, property, or other things.
  • Limiting the gathering of persons within educational settings.
  • Requiring any persons living with or visiting sick persons to report the names of the persons and the names of the places visited.

The law does not allow for any other restrictions to be placed upon any other non-infected, non-infectious persons, for any other reasons.  The law simply does not apply to all other persons.  And no Governor’s emergency order, or health order, nor any local health officer’s health order can apply to all other, healthy, non-infectious persons.

About Stephen Frank

Stephen Frank is the publisher and editor of California Political News and Views. He speaks all over California and appears as a guest on several radio shows each week. He has also served as a guest host on radio talk shows. He is a fulltime political consultant.

Comments

  1. West Walker says

    This is all true and it is important to document his lack of leadership by the courts -and also to protest him directly to help in the future “vetting” of his presidential aspirations. Each lawsuit has resulted in a quick reversal of his itemize plans to hurt the Trump economy. Litigation, as exercised nearly exclusively by Harmeet Dhillon and The Center for American Liberty, is the only check and balance we have in CA. They are worth our donations> https://libertycenter.org/give/

    Hopefully, no one will launch any recall when every volunteer is needed NOW to flip Congress. Congress can push back on the democrat initiatives started here in CA. They have union operatives to harvest votes and we need EVERY volunteer to counter back, ArmyforTrump.com is the official Trump grassroots campaign organization.

  2. ronald k ostroff says

    When I read this document, I see that there are extremely broad powers given to health authorities including contact tracing and destruction of private property. Everything rides on “their” interpretation of terms. There does not seem to be any restraint upon authorities if they “determine” that a risk to public health exists, whether or not that risk actually does exist outside of their own agenda. We can see that in the Coronavirus Task Farce that has consistently flip-flopped over data and facts.

    Ours is not the only state in which the “common” people are under house arrest, because it is for “their own good” and “we’re all in this together,” except for those who issue the enforcement orders and yet violate their own laws.

    As evidenced by recent court decisions, the state can pretty much do whatever it wants regardless of written law, because they make new ones as they go along.. It’s time to leave this state although it will only be a short time before the whole country is under the thumb of the government. People have sold themselves into slavery, trading their precious fought-for freedoms for “promised” safety. Welcome to 1930-40 Germany.

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