Chapter 174 — Chapter 174

ORS 174.010 General rule for construction of 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

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ORS 174.020 Legislative intent; general and particular provisions; consideration of legislative history. (1)(a) In the construction of a statute, a court shall pursue the intention of the legislature if possible

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ORS 174.030 Construction favoring natural right to prevail. 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

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ORS 174.040 Severability. 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

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ORS 174.050 [Repealed by 1983 c.740 §41]

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ORS 174.060 Effect of amendment of statute adopted by reference. 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

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ORS 174.070 Effect of repeal of validating or curative Act. The repeal of a validating or curative Act shall not affect any validation or cure theretofore accomplished

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ORS 174.080 Effect of repeal of repealing Act. Whenever a statute which repealed a former statute, either expressly or by implication, is repealed, the former statute shall not thereby be revived unless it is expressly so provided

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ORS 174.090 Effect of repeal of repealing constitutional provision. 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

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ORS 174.100 Definitions. As used in the statute laws of this state, unless the context or a specially applicable definition requires otherwise

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ORS 174.101 “Manufactured structure,” “recreational vehicle” defined. (1) 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 that term in this section only if the statute using “recreational vehicle” makes specific reference to this section and thereby indicates that the term used has the meaning given in this section

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ORS 174.102 “Agricultural commodity,” “agricultural product” defined; harvesting or baling of straw as farming practice. 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

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ORS 174.103 [1987 c.162 §§1,2; 1989 c.264 §1; 2001 c.90 §1; repealed by 2003 c.242 §7]

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ORS 174.104 “Public notice” defined. 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]

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ORS 174.105 [1967 c.409 §2; 2005 c.22 §122; repealed by 2009 c.41 §26]

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ORS 174.106 [2001 c.783 §1; repealed by 2009 c.11 §15]

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ORS 174.107 “Person with a disability” defined. (1) As used in the statute laws of this state, “person with a disability” means any person who

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ORS 174.108 Effect of definitions. (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

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ORS 174.109 “Public body” defined. 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]

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ORS 174.110 [Renumbered 174.127 in 2001]

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ORS 174.111 “State government” defined. 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]

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ORS 174.112 “Executive department” defined. (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 branch of government as described in Article III, section 1, of the Oregon Constitution, and that are not

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ORS 174.113 “Judicial department” defined. (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

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ORS 174.114 “Legislative department” defined. (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

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ORS 174.115 [1979 c.391 §1; renumbered 174.129 in 2001]

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ORS 174.116 “Local government” and “local service district” defined. (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

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ORS 174.117 “Special government body” defined. (1) Subject to ORS 174.108, as used in the statutes of this state “special government body” means any of the following

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ORS 174.118 Application of definitions to ORS 174.108 to 174.118. The definitions provided by ORS 174.108 to 174.118 apply to ORS 174.108 to 174.118. [2001 c.74 §9]

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ORS 174.120 Computation of time; leap year. (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 day, unless the last day falls upon any legal holiday or on Saturday, in which case the last day is also excluded

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ORS 174.125 Computation of time period for personal service. 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]

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ORS 174.127 Singular or plural number; masculine, feminine or neuter gender. As used in the statute laws of this state

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ORS 174.129 Statutes, rules and orders to use sex-neutral terms. 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]

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ORS 174.130 Majority can exercise authority given jointly. Any authority conferred by law upon three or more persons may be exercised by a majority of them unless expressly otherwise provided by law

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ORS 174.140 Construction of “a surety” or similar words. 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]

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ORS 174.150 [1957 c.146 §1; repealed by 1969 c.292 §3]

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ORS 174.160 Mailing methods authorized in place of notice by registered or certified mail. 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]

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ORS 174.170 Notice by personal service equivalent to notice by mail. 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]

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ORS 174.510 Statute revision of 1953 enacted as law; Oregon Revised Statutes; citation. (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

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ORS 174.515 Duplicate original of 1953 revision; evidentiary effect. 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]

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ORS 174.520 General statutes enacted prior to January 12, 1953, repealed; exceptions. (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

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ORS 174.530 Construction of statutes enacted as part of 1953 revision. 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]

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ORS 174.535 Construction of reviser’s bills. 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, chapter 22, Oregon Laws 2005, chapter 71, Oregon Laws 2007, chapter 11, Oregon Laws 2009, chapter 9, Oregon Laws 2011, chapter 1, Oregon Laws 2013, chapter 27, Oregon Laws 2015, chapter 17, Oregon Laws 2017, chapter 13, Oregon Laws 2019, chapter 97, Oregon Laws 2021, chapter 9, Oregon Laws 2023, or chapter 2, Oregon Laws 2025, 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, chapter 22, Oregon Laws 2005, chapter 71, Oregon Laws 2007, chapter 11, Oregon Laws 2009, chapter 9, Oregon Laws 2011, chapter 1, Oregon Laws 2013, chapter 27, Oregon Laws 2015, chapter 17, Oregon Laws 2017, chapter 13, Oregon Laws 2019, chapter 97, Oregon Laws 2021, chapter 9, Oregon Laws 2023, and chapter 2, Oregon Laws 2025, 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; 2007 c.71 §1; 2009 c.11 §1; 2011 c.9 §1; 2013 c.1 §1; 2015 c.27 §1; 2017 c.17 §1; 2019 c.13 §1; 2021 c.97 §1; 2023 c.9 §1; 2025 c.2 §1]

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ORS 174.540 Parts of printed statute editions not part of the law. 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. [1953 c.3 §4; 1961 c.90 §5; 2013 c.1 §15]

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ORS 174.550 Statute revision of 1953 substituted for statutes repealed by ORS 174.520. 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. [1953 c.3 §5; 1961 c.90 §6]

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ORS 174.560 [1953 c.3 §8; repealed by 1961 c.90 §7]

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ORS 174.580 Oregon Rules of Civil Procedure; citation form. (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

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ORS 174.590 Statutory terminology not intended to preserve procedural distinctions between actions and suits. 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]

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