ORS Chapter 174 - Oregon Statutes

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174.520     Generalstatutes enacted prior to January 12, 1953, repealed; exceptions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