USA Statutes : oregon
Title : TITLE 17 STATE LEGISLATIVE DEPARTMENT AND LAWS
Chapter : Chapter 174 Construction of Statutes; General Definitions
In the
construction of a statute, the office of the judge is simply to ascertain
and declare what is, in terms 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 or particulars such construction is,
if possible, to be adopted as will give effect to all.(1)(a) In the construction of a
statute, a court shall pursue the intention of the legislature if
possible.

(b) To assist a court in its construction of a statute, a party may
offer the legislative history of the statute.

(2) When a general and particular provision are inconsistent, the
latter is paramount to the former so that a particular intent controls a
general intent that is inconsistent with the particular intent.

(3) A court may limit its consideration of legislative history to
the information that the parties provide to the court. A court shall give
the weight to the legislative history that the court considers to be
appropriate. [Amended by 2001 c.438 §1] Where a
statute is equally susceptible of two interpretations, one in favor of
natural right and the other against it, the former is to prevail. It shall be considered that it is the
legislative intent, in the enactment of any statute, that if any part of
the statute is held unconstitutional, the remaining parts shall remain in
force unless:

(1) The statute provides otherwise;

(2) The remaining parts are so essentially and inseparably
connected with and dependent upon the unconstitutional part that it is
apparent that the remaining parts would not have been enacted without the
unconstitutional part; or

(3) The remaining parts, standing alone, are incomplete and
incapable of being executed in accordance with the legislative intent. When
one statute refers to another, either by general or by specific reference
or designation, the reference shall extend to and include, in addition to
the statute to which reference was made, amendments thereto and statutes
enacted expressly in lieu thereof unless a contrary intent is expressed
specifically or unless the amendment to, or statute enacted in lieu of,
the statute referred to is substantially different in the nature of its
essential provisions from what the statute to which reference was made
was when the statute making the reference was enacted. The repeal
of a validating or curative Act shall not affect any validation or cure
theretofore accomplished. Whenever a statute which
repealed a former statute, either expressly or by implication, is
repealed, the former statute shall not thereby be revived unless it is
expressly so provided.
Whenever a constitutional provision which repeals or suspends in whole or
in part a former constitutional provision, either expressly or by
implication, is repealed, the former constitutional provision so repealed
or suspended thereby shall not be revived unless it expressly is so
provided.GENERAL DEFINITIONS(Miscellaneous) As used in the statute laws of this state,
unless the context or a specially applicable 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
absolute prohibition.

(5) “Person” includes individuals, corporations, associations,
firms, partnerships, limited liability companies and joint stock
companies.

(6) “State Treasury” includes those financial assets the lawful
custody of which are vested in the State Treasurer and the office of the
State Treasurer relating to the custody of those financial assets.

(7) “To” means “to and including” when used in a reference to a
series of statute sections, subsections or paragraphs.

(8) “United States” includes territories, outlying possessions and
the District of Columbia.

As used in the statute
laws of this state and in any administrative rule adopted pursuant
thereto unless the context or a specifically applicable definition
requires otherwise:

(1) The term “agricultural commodity” or “agricultural product”
includes straw.

(2) The harvesting or baling of straw is a farming practice. [1995
c.601 §1] As used in the statute laws of
this state, unless the context or a specially applicable definition
requires otherwise, “public notice” means any legal publication which
requires an affidavit of publication as required in ORS 193.070, or is
required by law to be published. [Formerly subsection (1) of 193.010] (1) As used in the statute laws of
this state, unless the context or a specially applicable definition
requires otherwise, “war veteran” includes any citizen of the United
States who has been a member of and discharged or released under
honorable conditions from the Armed Forces of the United States of
America, and:

(a) The service was for not less than 90 consecutive days, during
any of the following periods:

(A) The period between April 6, 1917, and November 11, 1918;

(B) The period between November 12, 1918, and April 1, 1920, if the
veteran served with the United States military forces in Russia;

(C) The period between November 12, 1918, and July 2, 1921, if the
veteran served in active service at least one day between April 6, 1917,
and November 11, 1918;

(D) The period between September 15, 1940, and December 31, 1946; or

(E) The period between June 25, 1950, and midnight of January 31,
1955; or

(b) The service was for not less than 210 consecutive days any part
of which was subsequent to January 31, 1955.

(2) Any citizen otherwise eligible under this section who was
discharged or released, under honorable conditions, on account of
service-connected injury or illness prior to the completion of the
minimum period of service prescribed in subsection (1) of this section,
shall nevertheless be considered to be a war veteran. Attendance at a
school under military orders, except schooling incident to an active
enlistment or regular tour of duty, or normal military training as a
reserve officer or member of an organized reserve or national guard unit
is not considered active service within the meaning of this section.
[1967 c.409 §2; 2005 c.22 §122] As used in the statute laws of
this state, “domesticated elk” means North American wapiti (Cervus
canadensis), Manitoban elk (Cervus elaphus manitobensis), Rocky Mountain
elk (Cervus elaphus nelsoni), Roosevelt elk (Cervus elaphus roosevelti)
and Tule elk (Cervus elaphus nannodes) that are born and raised in
captivity. [2001 c.783 §1] (1) As used in the statute laws
of this state, “disabled person” means any person who:

(a) Has a physical or mental impairment which substantially limits
one or more major life activities;

(b) Has a record of such an impairment; or

(c) Is regarded as having such an impairment.

(2) Specific types of disability shall be considered subcategories
under the definition of disabled person. [1989 c.224 §2a; 2003 c.14 §70](Public Bodies) (1) As used in the statutes of this
state, a term defined in ORS 174.108 to 174.118 has the meaning provided
by ORS 174.108 to 174.118 only if the statute using the term makes
specific reference to the provision of ORS 174.108 to 174.118 that
defines the term and indicates that the term has the meaning specified in
that provision.

(2) Nothing in ORS 174.108 to 174.118 affects the meaning of any
statute that uses one or more of the terms defined in ORS 174.108 to
174.118 and that is in effect on January 1, 2002. Nothing in ORS 174.108
to 174.118 affects the meaning of any statute that uses one or more of
the terms defined in ORS 174.108 to 174.118 and that is enacted after
January 1, 2002, unless the statute makes specific reference to the
provision of ORS 174.108 to 174.118 that defines the term and indicates
that the term has the meaning specified in that provision.

(3) None of the terms defined in ORS 174.108 to 174.118 includes
the Oregon Health and Science University, the Oregon State Bar, any
intergovernmental entity formed by a public body with another state or
with a political subdivision of another state, or any intergovernmental
entity formed by a public body with an agency of the federal government.
[2001 c.74 §1]Subject to ORS 174.108, as used in
the statutes of this state “public body” means state government bodies,
local government bodies and special government bodies. [2001 c.74 §2]Subject to ORS 174.108, as used
in the statutes of this state “state government” means the executive
department, the judicial department and the legislative department. [2001
c.74 §3](1) Subject to ORS 174.108,
as used in the statutes of this state “executive department” means all
statewide elected officers other than judges, and all boards,
commissions, departments, divisions and other entities, without regard to
the designation given to those entities, that are within the executive
department of government as described in section 1, Article III of the
Oregon Constitution, and that are not:

(a) In the judicial department or the legislative department;

(b) Local governments; or

(c) Special government bodies.

(2) Subject to ORS 174.108, as used in the statutes of this state
“executive department” includes:

(a) An entity created by statute for the purpose of giving advice
only to the executive department and that does not have members who are
officers or employees of the judicial department or legislative
department;

(b) An entity created by the executive department for the purpose
of giving advice to the executive department, if the document creating
the entity indicates that the entity is a public body; and

(c) Any entity created by the executive department other than an
entity described in paragraph (b) of this subsection, unless the document
creating the entity indicates that the entity is not a governmental
entity or the entity is not subject to any substantial control by the
executive department. [2001 c.74 §4](1) Subject to ORS 174.108,
as used in the statutes of this state “judicial department” means the
Supreme Court, the Court of Appeals, the Oregon Tax Court, the circuit
courts and all administrative divisions of those courts, whether
denominated as boards, commissions, committees or departments or by any
other designation.

(2) Subject to ORS 174.108, as used in the statutes of this state
“judicial department” includes:

(a) An entity created by statute for the purpose of giving advice
only to the judicial department and that does not have members who are
officers or employees of the executive department or legislative
department;

(b) An entity created by the judicial department for the purpose of
giving advice to the judicial department, if the document creating the
entity indicates that the entity is a public body; and

(c) Any entity created by the judicial department other than an
entity described in paragraph (b) of this subsection, unless the document
creating the entity indicates that the entity is not a governmental
entity or the entity is not subject to any substantial control by the
judicial department. [2001 c.74 §5] (1) Subject to ORS
174.108, as used in the statutes of this state “legislative department”
means the Legislative Assembly, the committees of the Legislative
Assembly and all administrative divisions of the Legislative Assembly and
its committees, whether denominated as boards, commissions or departments
or by any other designation.

(2) Subject to ORS 174.108, as used in the statutes of this state
“legislative department” includes:

(a) An entity created by statute for the purpose of giving advice
only to the legislative department and that does not have members who are
officers or employees of the executive department or judicial department;

(b) An entity created by the legislative department for the purpose
of giving advice to the legislative department, but that is not created
by statute, if the document creating the entity indicates that the entity
is a public body; and

(c) Any entity created by the legislative department by a document
other than a statute and that is not an entity described in paragraph (b)
of this subsection, unless the document creating the entity indicates
that the entity is not a governmental entity or the entity is not subject
to any substantial control by the legislative department. [2001 c.74 §6]
(1)(a) Subject to ORS 174.108, as used in the statutes of this state
“local government” means all cities, counties and local service districts
located in this state, and all administrative subdivisions of those
cities, counties and local service districts.

(b) Subject to ORS 174.108, as used in the statutes of this state
“local government” includes:

(A) An entity created by statute, ordinance or resolution for the
purpose of giving advice only to a local government;

(B) An entity created by local government for the purpose of giving
advice to local government and that is not created by ordinance or
resolution, if the document creating the entity indicates that the entity
is a public body; and

(C) Any entity created by local government other than an entity
described in subparagraph (B) of this paragraph, unless the ordinance,
resolution or other document creating the entity indicates that the
entity is not a governmental entity or the entity is not subject to any
substantial control by local government.

(2) Subject to ORS 174.108, as used in the statutes of this state
“local service district” means:

(a) An economic improvement district created under ORS 223.112 to
223.132 or 223.141 to 223.161.

(b) A people’s utility district organized under ORS chapter 261.

(c) A domestic water supply district organized under ORS chapter
264.

(d) A cemetery maintenance district organized under ORS chapter 265.

(e) A park and recreation district organized under ORS chapter 266.

(f) A mass transit district organized under ORS 267.010 to 267.390.

(g) A transportation district organized under ORS 267.510 to
267.650.

(h) A metropolitan service district organized under ORS chapter 268.

(i) A translator district organized under ORS 354.605 to 354.715.

(j) A library district organized under ORS 357.216 to 357.286.

(k) A county road district organized under ORS 371.055 to 371.110.

(L) A special road district organized under ORS 371.305 to 371.360.

(m) A road assessment district organized under ORS 371.405 to
371.535.

(n) A highway lighting district organized under ORS chapter 372.

(o) A 9-1-1 communications district organized under ORS 401.818 to
401.857.

(p) A health district organized under ORS 440.305 to 440.410.

(q) A sanitary district organized under ORS 450.005 to 450.245.

(r) A sanitary authority, water authority or joint water and
sanitary authority organized under ORS 450.600 to 450.989.

(s) A county service district organized under ORS chapter 451.

(t) A vector control district organized under ORS 452.020 to
452.170.

(u) A rural fire protection district organized under ORS chapter
478.

(v) A geothermal heating district organized under ORS chapter 523.

(w) An irrigation district organized under ORS chapter 545.

(x) A drainage district organized under ORS chapter 547.

(y) A diking district organized under ORS chapter 551.

(z) A water improvement district organized under ORS chapter 552.

(aa) A water control district organized under ORS chapter 553.

(bb) A district improvement company or a district improvement
corporation organized under ORS chapter 554.

(cc) A weather modification district organized under ORS 558.200 to
558.440.

(dd) A fair district formed under ORS chapter 565.

(ee) A soil and water conservation district organized under ORS
568.210 to 568.808 and 568.900 to 568.933.

(ff) A weed control district organized under ORS 570.505 to 570.575.

(gg) A port organized under ORS 777.005 to 777.725 and 777.915 to
777.953.

(hh) The Port of Portland created under ORS 778.010.

(ii) An airport district established under ORS chapter 838. [2001
c.74 §7; 2003 c.802 §1] (1) Subject to ORS
174.108, as used in the statutes of this state “special government body”
means any of the following:

(a) A public corporation created under a statute of this state and
specifically designated as a public corporation.

(b) A school district.

(c) A public charter school established under ORS chapter 338.

(d) An education service district.

(e) A community college district or community college service
district established under ORS chapter 341.

(f) An intergovernmental body formed by two or more public bodies.

(g) Any entity that is created by statute, ordinance or resolution
that is not part of state government or local government.

(h) Any entity that is not otherwise described in this section that
is:

(A) Not part of state government or local government;

(B) Created pursuant to authority granted by a statute, ordinance
or resolution, but not directly created by that statute, ordinance or
resolution; and

(C) Identified as a governmental entity by the statute, ordinance
or resolution authorizing the creation of the entity, without regard to
the specific terms used by the statute, ordinance or resolution.

(2) Subject to ORS 174.108, as used in the statutes of this state
“special government body” includes:

(a) An entity created by statute for the purpose of giving advice
only to a special government body;

(b) An entity created by a special government body for the purpose
of giving advice to the special government body, if the document creating
the entity indicates that the entity is a public body; and

(c) Any entity created by a special government body described in
subsection (1) of this section, other than an entity described in
paragraph (b) of this subsection, unless the document creating the entity
indicates that the entity is not a governmental entity or the entity is
not subject to any substantial control by the special government body.
[2001 c.74 §8] The
definitions provided by ORS 174.108 to 174.118 apply to ORS 174.108 to
174.118. [2001 c.74 §9]COMPUTATION OF TIME (1) The time within which
an act is to be done, as provided in the civil and criminal procedure
statutes, is computed by excluding the first day and including the last
unless the last day falls upon any legal holiday or on Saturday, in which
case the last day is also excluded.

(2) For the purposes of the determining whether a person has
complied with a statutory time limitation governing an act to be
performed in a circuit court, the Oregon Tax Court, the Court of Appeals
or the Supreme Court, the time prescribed by law for the performance of
the act does not include the day on which the specified period begins to
run. The designated period does include the last day unless the last day
is:

(a) A legal holiday or Saturday;

(b) A day on which the court is closed for the purpose of filing
pleadings and other documents;

(c) A day on which the court is closed by order of the Chief
Justice, to the extent provided by the order; or

(d) A day on which the court is closed before the end of the normal
hours during which pleadings and other documents may be filed.

(3) If the last day of a designated period is excluded under the
provisions of subsection (2) of this section, the act must be performed
on the next day that the court is open for the purpose of filing
pleadings and other documents.

(4) The provisions of subsections (2) and (3) of this section apply
to time limitations established by statutes of limitation and other
procedural statutes governing civil and criminal proceedings.

(5) If a statute of limitation or other procedural statute
governing civil and criminal proceedings provides that an act be done
within one or more years, the time for performing the act is computed in
calendar years. If the specified period begins to run on a date other
than February 29, the act must be done on or before the same date in the
calendar year in which the specified period ends as the date in the
calendar year in which the specified period began to run. If the
specified period of time begins to run on February 29, the act must be
done on or before February 28 of the calendar year in which the specified
period ends. [Amended by 1979 c.284 §118; 1985 c.282 §2; 2002 s.s.1 c.10
§6; 2003 c.228 §1]
Notwithstanding ORCP 10 and ORS 174.120 (1), if a time period is
prescribed or allowed for personal service of a document or notice on a
public officer or the filing of a document or notice with a public
office, other than a time period subject to ORS 174.120 (2), and if the
last day falls on a day when that particular office is closed before the
end of or for all of the normal work day, the last day shall be excluded
in computing the period of time within which the document or notice is to
be filed. If the last day is so excluded, the time period runs until the
close of office hours on the next day the office is open for business.
[1983 c.548 §1; 2002 s.s.1 c.10 §8]MISCELLANEOUSAs used in the statute laws of this state:

(1) The singular number may include the plural and the plural
number, the singular.

(2) Words used in the masculine gender may include the feminine and
the neuter. [Formerly 174.110] It
shall be the policy of the State of Oregon that all statutes, rules and
orders enacted, adopted or amended after October 3, 1979, be written in
sex-neutral terms unless it is necessary for the purpose of the statute,
rule or order that it be expressed in terms of a particular gender.
[Formerly 174.115] Any
authority conferred by law upon three or more persons may be exercised by
a majority of them unless expressly otherwise provided by law. In any statute
requiring a public official to furnish a fidelity bond or bond
conditioned upon the faithful performance of the duties of the official,
whenever the words “a surety” or “a corporate insurance company” or words
of similar import are used in referring to execution of the bond, the
bond may be executed by one or more sureties, or one or more corporate
insurance companies, unless the particular statute specifically provides
otherwise. [1955 c.289 §1]Whenever, for the purpose of giving notice, registered
or certified mail, with or without return receipt, is authorized or
required by or pursuant to statute, it is sufficient to use in lieu
thereof any mailing method that provides for a return receipt. [1969
c.292 §1]
Whenever notice by any mailing method is authorized or required by or
pursuant to statute, notice given by personal service that meets the
requirements for service of a summons is equivalent thereto. [1969 c.292
§2](1) The statute laws set forth after section 8 of
enrolled House Bill No. 2 of the Forty-seventh Legislative Assembly were
enacted as law of the State of Oregon, effective December 31, 1953.

(2) The statute laws described in subsection (1) of this section,
together with sections compiled in parts bearing the certificate of the
Legislative Counsel pursuant to ORS 171.285, may be cited as Oregon
Revised Statutes. In citing a specific section of Oregon Revised
Statutes, the designation “ORS (number of section)” may be used. [1953
c.3 §§1,7; 1961 c.90 §2]
The three volumes entitled “Proposed Oregon Revised Statutes,” consisting
of pages 1 through 1,058 in Volume 1, pages 1 through 2,066 in Volume 2
and pages 1 through 1,915 in Volume 3, on file in the office of the
Secretary of State on January 1, 1961, are considered to be a duplicate
original of the statute laws described in ORS 174.510 (1). A copy of all
or any part of these volumes, certified by the Secretary of State, has
the same effect as a copy of the same part of the original, certified by
the Secretary of State. [1961 c.90 §1](1) All statute laws of Oregon of a general, public
and permanent nature enacted prior to January 12, 1953, were repealed
effective December 31, 1953, except as provided in subsection (2) of this
section.

(2) If any provision of the statute laws described in ORS 174.510
(1), derived from an Act that amended or repealed a preexisting statute,
is held unconstitutional, the provisions of subsection (1) of this
section shall not prevent the preexisting statute from being law if that
appears to have been the intent of the Legislative Assembly or the

The statute laws described in ORS 174.510 (1) are intended to speak for
themselves. All sections of the statute laws so described are considered
to speak as of the same date, except that in cases of conflict between
two or more sections or of an ambiguity in a section, reference may be
had to the Acts from which the sections are derived, for the purpose of
applying the rules of construction relating to repeal or amendment by
implication or for the purpose of resolving the ambiguity. [1953 c.3 §3;
1961 c.90 §4] It is the policy of the
Legislative Assembly to revise sections from Oregon Revised Statutes and
Oregon law periodically in order to maintain accuracy. However, nothing
in chapter 740, Oregon Laws 1983, chapter 565, Oregon Laws 1985, chapter
158, Oregon Laws 1987, chapter 171, Oregon Laws 1989, chapters 67 and
927, Oregon Laws 1991, chapters 18 and 469, Oregon Laws 1993, chapter 79,
Oregon Laws 1995, chapter 249, Oregon Laws 1997, chapter 59, Oregon Laws
1999, chapter 104, Oregon Laws 2001, chapter 14, Oregon Laws 2003, or
chapter 22, Oregon Laws 2005, is intended to alter the legislative intent
or purpose of statutory sections affected by chapter 740, Oregon Laws
1983, chapter 565, Oregon Laws 1985, chapter 158, Oregon Laws 1987,
chapter 171, Oregon Laws 1989, chapters 67 and 927, Oregon Laws 1991,
chapters 18 and 469, Oregon Laws 1993, chapter 79, Oregon Laws 1995,
chapter 249, Oregon Laws 1997, chapter 59, Oregon Laws 1999, chapter 104,
Oregon Laws 2001, chapter 14, Oregon Laws 2003, and chapter 22, Oregon
Laws 2005, except insofar as the amendments thereto, or repeals thereof,
specifically require. [Derived from 1983 c.740 §1; 1985 c.565 §1; 1987
c.158 §1; 1989 c.171 §1; 1991 c.67 §1; 1991 c.927 §1; 1993 c.18 §1; 1993
c.469 §1; 1995 c.79 §1; 1997 c.249 §1; 1999 c.59 §1; 2001 c.104 §1; 2003
c.14 §1; 2005 c.22 §1]Title heads, chapter heads, division heads, section and subsection
heads or titles, and explanatory notes and cross-references, in the
statute laws described in ORS 174.510 (1) and in parts of Oregon Revised
Statutes, do not constitute any part of the law. [1953 c.3 §4; 1961 c.90
§5]The provisions of the statute laws described in ORS
174.510 (1) are considered as substituted in a continuing way for the
(1) As used
in the statute laws of this state, including provisions of law deemed to
be rules of court as provided in ORS 1.745, “Oregon Rules of Civil
Procedure” means the rules adopted, amended or supplemented as provided
in ORS 1.735.

(2) In citing a specific rule of the Oregon Rules of Civil
Procedure, the designation “ORCP (number of rule)” may be used. For
example, Rule 7, section D, subsection (3), paragraph (a), subparagraph
References in the statute laws of
this state, including provisions of law deemed to be rules of court as
provided in ORS 1.745, in effect on or after January 1, 1980, to actions,
actions at law, proceedings at law, suits, suits in equity, proceedings
in equity, judgments or decrees are not intended and shall not be
construed to retain procedural distinctions between actions at law and
suits in equity abolished by ORCP 2. [1979 c.284 §5]