Oregon Revised Statutes

Oregon Revised Statutes
Name	Oregon Revised Statutes
Jurisdiction	State of Oregon
Enacted by	Oregon Legislative Assembly
First edition	1953
Publisher	Oregon Secretary of State
Status	in force

Oregon Revised Statutes are the codified statutory laws enacted by the Oregon Legislative Assembly and organized for public use in the State of Oregon. The statutes operate alongside the Oregon Constitution and are interpreted by the Oregon Supreme Court and lower courts such as the Oregon Court of Appeals. They interact with federal authorities including the United States Congress, the United States Supreme Court, and regional agencies like the United States Department of Justice and the Federal Communications Commission when jurisdictional issues arise.

Overview

The statutes compile session laws passed by the Oregon Legislative Assembly into a systematic code for use by entities including the Oregon Secretary of State, the Oregon State Bar, the Oregon Judicial Department, the Oregon Department of Justice, and local bodies such as the Portland City Council and the Multnomah County Board of Commissioners. They affect activities regulated by the Oregon Health Authority, the Oregon Department of Transportation, the Oregon Department of Corrections, the Oregon Employment Department, and agencies patterned on national counterparts like the Internal Revenue Service, the National Labor Relations Board, and the Environmental Protection Agency. The code guides practices of legal actors such as judges from the United States District Court for the District of Oregon, attorneys admitted by the Oregon State Bar, legislators in the Oregon Senate, and executives like the Governor of Oregon.

History and Development

Statutory codification in Oregon traces to territorial statutes and early state compilations influenced by models from New York (state), California, Pennsylvania, and Massachusetts. Early revisions occurred during administrations of governors such as Oswald West and Tom McCall, and legislative reforms associated with events like the Progressive Era and the New Deal. Modern codification was shaped by legal scholars from institutions including University of Oregon School of Law, Willamette University College of Law, and firms participating in revision commissions resembling bodies like the American Law Institute and the National Conference of Commissioners on Uniform State Laws. Landmark legislative sessions convened in state capitals from Salem, Oregon reflect influences from landmark federal acts such as the Civil Rights Act of 1964, the Social Security Act, and environmental statutes inspired by the Clean Air Act and the Clean Water Act.

Organization and Structure

The statutes are arranged into numbered titles, chapters, and sections, mirroring organizational schemas used by codes such as the United States Code, the California Codes, and the Revised Statutes of Canada. Administrative connections reference agencies like the Oregon Department of Fish and Wildlife, the Oregon Water Resources Department, and boards including the Oregon State Pharmacy Board and the Oregon Medical Board. Provisions cross-reference federal statutes like the Affordable Care Act and interstate compacts governed through entities akin to the Pacific Northwest Electric Power and Conservation Planning Council and the Interstate Commission on the Potomac River Basin. Legal practitioners consult annotations from resources comparable to the Corpus Juris Secundum, the Restatement (Second) of Contracts, and reports by the United States Government Accountability Office when navigating statutory structure.

Legislative Process and Codification

Bills drafted in the Oregon Legislative Assembly proceed through committee hearings resembling those in legislative bodies such as the United States House of Representatives and the United States Senate, with procedural rules influenced by parliamentary precedents like those of the British House of Commons and advisory documents from the National Conference of State Legislatures. The Oregon Legislative Counsel and the Oregon Secretary of State codify enacted session laws, while the Governor of Oregon exercises veto and signing powers analogous to the President of the United States at the federal level. High-profile bills have been debated in contexts similar to national debates over the Affordable Care Act, the Patriot Act, and the Voting Rights Act, illustrating interplay between local statutes and national policy dialogues.

Amendments, Repeals, and Supplements

Amendatory language is adopted through session laws, initiatives, and referenda, processes comparable to ballot measures in California Proposition 13, Arizona Proposition 207, and statewide initiatives like those in Colorado. The legislature may repeal or revise sections following recommendations from bodies such as the Oregon Law Commission or commissions modeled on the American Bar Association. Supplements and pocket parts are issued in formats used by commercial publishers like West Publishing and public repositories maintained by the Library of Congress and the Oregon State Library. Judicial decisions from courts including the Oregon Supreme Court and the United States Ninth Circuit Court of Appeals frequently prompt statutory amendments addressing topics treated in cases such as those before the United States Supreme Court.

Access, Publication, and Citation

Official publication is managed by the Oregon Secretary of State and distributed through channels akin to those used by the Government Publishing Office and the state libraries network. Legal citation follows conventions similar to those in the Bluebook and the ALWD Guide to Legal Citation, and is used by practitioners in briefs submitted to tribunals like the Oregon Supreme Court, the United States District Court for the District of Oregon, and administrative hearings before the Oregon Employment Relations Board and the Oregon Land Use Board of Appeals. Public access is provided via digital platforms comparable to services by LexisNexis, Westlaw, and state-run portals paralleling Congress.gov and California's Legislative Information websites.

Relationship to Oregon Constitution and Case Law

Statutory provisions operate within the framework set by the Oregon Constitution and are interpreted in light of precedents from the Oregon Supreme Court, the Oregon Court of Appeals, and federal courts including the United States Supreme Court and the Ninth Circuit Court of Appeals. Conflicts between statutes and constitutional provisions may prompt review by courts following doctrines similar to constitutional scrutiny applied in landmark decisions from the United States Supreme Court such as Marbury v. Madison, Brown v. Board of Education, and Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.. Case law from jurists educated at institutions like Harvard Law School, Yale Law School, University of Chicago Law School, and regional schools informs statutory interpretation alongside treatises by scholars like Oliver Wendell Holmes Jr. and organizations including the American Civil Liberties Union.

Category:Oregon law