ORS 174.020
Legislative intent

  • general and particular provisions
  • consideration of legislative history

(1)

Intentionally left blank —Ed.

(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 provision and a 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; 2017 c.17 §16]

Source: Section 174.020 — Legislative intent; general and particular provisions; consideration of legislative history, https://www.­oregonlegislature.­gov/bills_laws/ors/ors174.­html.

Notes of Decisions

Statutory construction is nothing more than judicial process of discerning and declaring intent of legislature. Fifth Ave. Corp. v. Washington County, 282 Or 591, 581 P2d 50 (1978)

Statute should not be construed to ascribe to legislature intent to produce unreasonable or absurd result. State v. Galligan, 312 Or 35, 816 P2d 601 (1991)

To extent required to resolve ambiguity, consideration is given in successive stages to: 1) text of statute and context provided by simultaneously enacted provisions in light of applicable rules of statutory construction; 2) legislative history; and 3) general maxims of statutory construction. PGE v. Bureau of Labor and Industries, 317 Or 606, 859 P2d 1143 (1993)

Case law interpreting related statute relates back in time to form part of context within which legislation was passed. Gaston v. Parsons, 318 Or 247, 864 P2d 1319 (1994)

Court must consider legislative history offered by party, but weight to be accorded legislative history is determined by court. State v. Gaines, 346 Or 160, 206 P3d 1042 (2009)

Law Review Citations

61 OLR 421 (1982); 31 WLR 179 (1995); 32 WLR 1 (1996); 76 OLR 47 (1997); 44 WLR 615 (2008); 97 OLR 585 (2019)

174.010
General rule for construction of statutes 174.020
Legislative intent 174.030
Construction favoring natural right to prevail 174.040
Severability 174.060
Effect of amendment of statute adopted by reference 174.070
Effect of repeal of validating or curative Act 174.080
Effect of repeal of repealing Act 174.090
Effect of repeal of repealing constitutional provision 174.100
Definitions 174.101
“Manufactured structure,” “recreational vehicle” defined 174.102
“Agricultural commodity,” “agricultural product” defined 174.104
“Public notice” defined 174.107
“Person with a disability” defined 174.108
Effect of definitions 174.109
“Public body” defined 174.111
“State government” defined 174.112
“Executive department” defined 174.113
“Judicial department” defined 174.114
“Legislative department” defined 174.116
“Local government” and “local service district” defined 174.117
“Special government body” defined 174.118
Application of definitions to ORS 174.108 to 174.118 174.120
Computation of time 174.125
Computation of time period for personal service 174.127
Singular or plural number 174.129
Statutes, rules and orders to use sex-neutral terms 174.130
Majority can exercise authority given jointly 174.140
Construction of “a surety” or similar words 174.160
Mailing methods authorized in place of notice by registered or certified mail 174.170
Notice by personal service equivalent to notice by mail 174.510
Statute revision of 1953 enacted as law 174.515
Duplicate original of 1953 revision 174.520
General statutes enacted prior to January 12, 1953, repealed 174.530
Construction of statutes enacted as part of 1953 revision 174.535
Construction of reviser’s bills 174.540
Parts of printed statute editions not part of the law 174.550
Statute revision of 1953 substituted for statutes repealed by ORS 174.520 174.580
Oregon Rules of Civil Procedure 174.590
Statutory terminology not intended to preserve procedural distinctions between actions and suits
Green check means up to date. Up to date

Current through early 2024

§ 174.020’s source at oregon​.gov