Oregon Revised Statutes
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.
In the construction of a statute, a court shall pursue the intention of the legislature if possible. To assist a court in its construction of a statute, a party may offer the legislative history of the statute. When a general provision and a particular provision are inconsistent, the latter is paramount to the former so that a particular intent controls a …
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: The statute provides otherwise; The remaining parts are so essentially and inseparably connected with and dependent upon the unconstitutional part that it is a…
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…
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Whenever a statute which repealed a former statute, either expressly or by implication, is repealed, the former statute shall not thereby be revived unless it is expressly so provided.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which repeals or suspends in whole or in part a former constitutional provision, either expressly or by implication, is repealed, the former constitutional provision so repealed or suspended thereby shall not be revived unless it expressly is so provided.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: “Any other state” includes any state and the District of Columbia. “City” includes any incorporated village or town. “County court” includes board of county commissioners. “Gender identity” means an individual’s gender-related identity, …
As used in the statutes of this state, “manufactured structure” has the meaning given that term in this section only if the statute using “manufactured structure” makes specific reference to this section and indicates that the term used has the meaning given in this section. As used in the statutes of this state, “recreational vehicle” has the meaning given …
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: The term “agricultural commodity” or “agricultural product” includes straw. The harvesting or baling of straw is a farming practice.
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.
As used in the statute laws of this state, “person with a disability” means any person who: Has a physical or mental impairment which substantially limits one or more major life activities; Has a record of such an impairment; or Is regarded as having such an impairment. Specific types of disabilities shall be considered subcategories under the definition…
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. Nothing in ORS 174.108 to 174.…
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.
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.
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 branch of government as described in Article III, section …
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. Subject to ORS 174.108, as used in the…
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. Subject to ORS 174.108, as us…
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. Subject to ORS 174.108, as used in the statutes of this state “local government” includes: An entity created…
Subject to ORS 174.108, as used in the statutes of this state “special government body” means any of the following: A public corporation created under a statute of this state and specifically designated as a public corporation. A school district. A public charter school established under ORS chapter 338. An education service district. A community colleg…
The definitions provided by ORS 174.108 to 174.118 apply to ORS 174.108 to 174.118. COMPUTATION OF TIME
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 day, unless the last day falls upon any legal holiday or on Saturday, in which case the last day is also excluded. For the purposes of determining whether a person has complied with a statutory t…
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 f…
As used in the statute laws of this state: The singular number may include the plural and the plural number, the singular. Words used in the masculine gender may include the feminine and the neuter.
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.
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 corp…
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.
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.
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. 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 17…
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 o…
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. 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 unconstitutiona…
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 a…
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, Oreg…
Title heads, chapter heads, division heads, section and subsection heads or titles and explanatory notes, 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.
The provisions of the statute laws described in ORS 174.510 (1) are considered as substituted in a continuing way for the provisions of the prior statute laws repealed by ORS 174.520.
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. In citing a specific rule of the Oregon Rules of Civil Procedure, the designation “ORCP (number of rule)” may be used. For ex…
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…