174.590���� Statutory terminology not intended to preserve procedural distinctions between actions and suits CONSTRUCTION OF STATUTES ����� 174.010 General rule for construction of statutes. I

174.590���� Statutory terminology not intended to preserve procedural distinctions between actions and suits

CONSTRUCTION OF STATUTES

����� 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.

����� 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.

����� (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]

����� 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.

����� 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:

����� (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.

����� 174.050 [Repealed by 1983 c.740 �41]

����� 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.

����� 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.

����� 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.

����� 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.

GENERAL DEFINITIONS

(Miscellaneous)

����� 174.100 Definitions. 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) �Gender identity� means an individual�s gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth.

����� (5) �Husband and wife,� �husband or wife,� �husband� or �wife� means spouses or a spouse in a marriage.

����� (6) �May not� and �shall not� are equivalent expressions of an absolute prohibition.

����� (7) �Person� includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies.

����� (8) �Sexual orientation� means an individual�s actual or perceived heterosexuality, homosexuality or bisexuality.

����� (9) �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.

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

����� (11) �United States� includes territories, outlying possessions and the District of Columbia.

����� (12) �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; 1995 c.93 �30; 2001 c.671 �1; 2007 c.100 �1; 2015 c.629 �33; 2021 c.367 �1]

����� 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.

����� (2) �Manufactured structure� means a manufactured dwelling, as defined in ORS 446.003, or a recreational vehicle, as defined in this section.

����� (3) �Recreational vehicle� means a vehicle with or without motive power that is designed for use as temporary living quarters and as further defined by rule by the Director of Transportation. [2019 c.422 �25; 2019 c.585 �6a; 2022 c.54 �12]

����� 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:

����� (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]

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

����� 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