71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2786
 
                           A-Engrossed
 
                         House Bill 3677
                  Ordered by the House April 24
            Including House Amendments dated April 24
 
Sponsored by Representative WILLIAMS; Representatives BACKLUND,
  BUTLER, DOYLE, KNOPP, MINNIS, PATRIDGE, SCHRADER, SHETTERLY, G
  SMITH, STARR, WILSON
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
    { - Prescribes method for judicial construction of
statutes. - }
   { +  Permits party to offer legislative history of statute to
assist court in construction of statute. Allows court to limit
consideration of legislative history to information provided by
parties. + }
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to the construction of statutes; creating new
  provisions; amending ORS 174.020; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 174.020 is amended to read:
  174.020.  { + (1)(a) + } In the construction of a statute { + ,
a court shall pursue + } the intention of the legislature
 { - is to be pursued - } if possible  { - ; and - }  { + .
  (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   { - shall control - }
 { + controls + } a general   { - one - }   { + intent + } that
is inconsistent with   { - it - }  { +  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. + }
  SECTION 2. The amendments to ORS 174.020 by section 1 of this
2001 Act apply to actions commenced on or after the effective
date of this 2001 Act.
  SECTION 3.  { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
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