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Tuesday, January 3, 2017

Article IV, Sections 22 through 26 plus 33 of the Oregon State Constitution

In this post we will look at Article IV, Sections 22 through 26 plus 33 of the Oregon State Constitution.  Article IV deals with the Legislative branch of the state government.
Section 22 defines how previously enacted laws are amended.  The specific wording has to be published for the amendment rather than just a reference.  Additionally, if multiple bills are passed which amend the same section of the same law, the one signed by the governor last is considered official.  I have a hard time believing how this can come to be, but at least it is defined in case it does.
Section 23 defines areas where the legislature cannot make "special or local laws".  Special laws would apply to an individual, corporation or association.  A local law would apply to only one or some few jurisdictions.  This section is intended to keep the state legislature out of local politics in a similar way that the US constitution tries to keep the federal government out of local state affairs.
Section 24 states that you can take the State of Oregon to court, but the Legislature cannot write and pass a law that authorizes a suit against the State of Oregon.
Section 25 defines the proportion of the vote required to pass a bill.  Bills for raising revenue (read taxes) have to be passed by a three fifths majority.  Other bills only require a majority vote.  However, note Section 33 which defines that an act to reduce a criminal sentence requires a two thirds majority (more than for taxes!!) when that sentence was included in an initiative or referendum passed by the people.  I have not been able to figure out if this also means that the Legislature has the ability to commute death penalties under this section.
Section 26 defines that a member of the Legislature can have recorded their dissenting opinion in the journal of the branch in which they sit.

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