ORS Chapter 174
Chapter 174 — Constructionof Statutes; General Definitions
2009 EDITION
CONSTRUCTIONOF STATUTES; DEFINITIONS
STATELEGISLATIVE DEPARTMENT AND LAWS
CONSTRUCTIONOF STATUTES
174.010 Generalrule for construction of statutes
174.020 Legislativeintent; general and particular provisions; consideration of legislative history
174.030 Constructionfavoring natural right to prevail
174.040 Severability
174.060 Effectof amendment of statute adopted by reference
174.070 Effectof repeal of validating or curative Act
174.080 Effectof repeal of repealing Act
174.090 Effectof repeal of repealing constitutional provision
GENERALDEFINITIONS
(Miscellaneous)
174.100 Definitions
174.102 “Agriculturalcommodity,” “agricultural product” defined; harvesting or baling of straw asfarming practice
174.104 “Publicnotice” defined
174.107 “Personwith a disability” defined
(PublicBodies)
174.108 Effectof definitions
174.109 “Publicbody” defined
174.111 “Stategovernment” defined
174.112 “Executivedepartment” defined
174.113 “Judicialdepartment” defined
174.114 “Legislativedepartment” defined
174.116 “Localgovernment” and “local service district” defined
174.117 “Specialgovernment body” defined
174.118 Applicationof definitions to ORS 174.108 to 174.118
COMPUTATIONOF TIME
174.120 Computationof time; leap year
174.125 Computationof time period for personal service
MISCELLANEOUS
174.127 Singularor plural number; masculine, feminine or neuter gender
174.129 Statutes,rules and orders to use sex-neutral terms
174.130 Majoritycan exercise authority given jointly
174.140 Constructionof “a surety” or similar words
174.160 Mailingmethods authorized in place of notice by registered or certified mail
174.170 Noticeby personal service equivalent to notice by mail
174.510 Statuterevision of 1953 enacted as law; Oregon Revised Statutes; citation
174.515 Duplicateoriginal of 1953 revision; evidentiary effect
174.520 Generalstatutes enacted prior to January 12, 1953, repealed; exceptions
174.530 Constructionof statutes enacted as part of 1953 revision
174.535 Constructionof reviser’s bills
174.540 Partsof printed statute editions not to be a part of the law
174.550 Statuterevision of 1953 substituted for statutes repealed by ORS 174.520
174.580 OregonRules of Civil Procedure; citation form
174.590 Statutoryterminology not intended to preserve procedural distinctions between actionsand suits
CROSS-REFERENCES
Constructionof Statutes
Adoptionlaws not to be strictly construed, 109.305
Appropriationbills requiring approval of Emergency Board before project started or contractlet, how requirement met, 291.336
Appropriationsand limitations of expenditures, construction, 291.305, 291.307
Countycharter and legislation relating to matters of county concern, construction asregards inconsistent Acts, 203.720
Countycourt, references in certain cases to be considered references to boards ofcounty commissioners, 203.240
Independentcontractor, standards, 670.600
InsuranceCode to be liberally construed, 731.016
Limitedliability company included in certain terms, 63.002
Militarycode, construction provisions, 396.015 to 396.045
OregonHealth and Science University:
Applicabilityof provisions that apply to governmental entities, 353.100
Lawsnot to be strictly construed, severability, 353.035
Repealof statute authorizing state agency to collect, receive and expend money,182.080
Rulesof civil procedure, construction, ORCP 1
Secretaryof State, reference to audit, allowance or approval of claims, construction,293.510
Voucherclaims, references to be construed as references to disbursements, 293.341
Datesand Deadlines
Computationof time for publication of legal notices, 193.060
Filingor receiving documents required by law to be filed with state agency, date oftransmittal as date, 293.660
Filingor receiving tax documents, when document deemed filed with tax official,305.820
Holidays,acts required by statute to be done are deferred until next day, 187.010
Definitions
Forspecific definitions, see entries under “Words and Phrases” in Index (volume19) to Oregon Revised Statutes
Accountingterms, general definitions, 291.001
CriminalCode, general definitions, 161.015
Propertytaxation, general definitions, 308.007
PublicContracting Code, general definitions, 279A.010
UniformTrust Code, Oregon, general definitions, 130.010
CONSTRUCTIONOF STATUTES
174.010General rule for construction of statutes. In the construction of astatute, the office of the judge is simply to ascertain and declare what is, interms or in substance, contained therein, not to insert what has been omitted,or to omit what has been inserted; and where there are several provisions orparticulars such construction is, if possible, to be adopted as will giveeffect to all.
174.020Legislative intent; general and particular provisions; consideration oflegislative history.(1)(a) In the construction of a statute, a court shall pursue the intention ofthe legislature if possible.
(b)To assist a court in its construction of a statute, a party may offer thelegislative history of the statute.
(2)When a general and particular provision are inconsistent, the latter isparamount to the former so that a particular intent controls a general intentthat is inconsistent with the particular intent.
(3)A court may limit its consideration of legislative history to the informationthat the parties provide to the court. A court shall give the weight to thelegislative history that the court considers to be appropriate. [Amended by2001 c.438 §1]
174.030Construction favoring natural right to prevail. Where a statuteis equally susceptible of two interpretations, one in favor of natural rightand the other against it, the former is to prevail.
174.040Severability.It shall be considered that it is the legislative intent, in the enactment ofany statute, that if any part of the statute is held unconstitutional, theremaining parts shall remain in force unless:
(1)The statute provides otherwise;
(2)The remaining parts are so essentially and inseparably connected with anddependent upon the unconstitutional part that it is apparent that the remainingparts would not have been enacted without the unconstitutional part; or
(3)The remaining parts, standing alone, are incomplete and incapable of beingexecuted in accordance with the legislative intent.
174.050 [Repealed by1983 c.740 §41]
174.060Effect of amendment of statute adopted by reference. When onestatute refers to another, either by general or by specific reference ordesignation, the reference shall extend to and include, in addition to thestatute to which reference was made, amendments thereto and statutes enactedexpressly in lieu thereof unless a contrary intent is expressed specifically orunless the amendment to, or statute enacted in lieu of, the statute referred tois substantially different in the nature of its essential provisions from whatthe statute to which reference was made was when the statute making thereference was enacted.
174.070Effect of repeal of validating or curative Act. The repeal of avalidating or curative Act shall not affect any validation or cure theretoforeaccomplished.
174.080Effect of repeal of repealing Act. Whenever a statute which repealed aformer statute, either expressly or by implication, is repealed, the formerstatute shall not thereby be revived unless it is expressly so provided.
174.090Effect of repeal of repealing constitutional provision. Whenever aconstitutional provision which repeals or suspends in whole or in part a formerconstitutional provision, either expressly or by implication, is repealed, theformer constitutional provision so repealed or suspended thereby shall not berevived unless it expressly is so provided.
GENERALDEFINITIONS
(Miscellaneous)
174.100Definitions.As used in the statute laws of this state, unless the context or a speciallyapplicable definition requires otherwise:
(1)“Any other state” includes any state and the District of Columbia.
(2)“City” includes any incorporated village or town.
(3)“County court” includes board of county commissioners.
(4)“May not” and “shall not” are equivalent expressions of an absoluteprohibition.
(5)“Person” includes individuals, corporations, associations, firms, partnerships,limited liability companies and joint stock companies.
(6)“Sexual orientation” means an individual’s actual or perceived heterosexuality,homosexuality, bisexuality or gender identity, regardless of whether theindividual’s gender identity, appearance, expression or behavior differs fromthat traditionally associated with the individual’s sex at birth.
(7)“State Treasury” includes those financial assets the lawful custody of whichare vested in the State Treasurer and the office of the State Treasurerrelating to the custody of those financial assets.
(8)“To” means “to and including” when used in a reference to a series of statutesections, subsections or paragraphs.
(9)“United States” includes territories, outlying possessions and the District ofColumbia.
(10)“Violate” includes failure to comply. [Amended by 1953 c.145 §2; 1957 c.360 §1;1963 c.213 §1; 1965 c.518 §1; 1967 c.409 §1; 1983 c.327 §1; 1993 c.73 §1; 1995c.93 §30; 2001 c.671 §1; 2007 c.100 §1]
174.102“Agricultural commodity,” “agricultural product” defined; harvesting or balingof st