2017 ORS 174.040¹

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.

Notes of Decisions

Where statute as amended served dual purpose, correct remedy was one preserving dominant intent of legislature at time of amend­ment. City University v. Oregon Office of Educ. Policy, 320 Or 422, 885 P2d 701 (1994)

Chapter 174

Law Review Cita­tions

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

  • Laura Orr / Oregon Legal Research, Oct 28, 2009
    “One of the toughest lessons on the law for non-attorneys is that The Law is not black and white and that searching for The Law, or The Answer, in the texts of statutes and constitu­tions is only the beginning of the research adventure. ...”
1 Legislative Counsel Committee, CHAPTER 174—Construction of Statutes; General Definitions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors174.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 174, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano174.­html (2017) (last ac­cessed Mar. 30, 2018).
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.