2015 ORS 174.020¹
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 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]

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)

Chapter 174

Law Review Cita­tions

32 WLR 1 (1996); 34 WLR 219 (1998)


1 Legislative Counsel Committee, CHAPTER 174—Construction of Statutes; General Definitions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors174.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 174, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano174.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.