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Oregon Revised Statutes

Or. Rev. Stat. § 174.540 (2026)

Parts of printed statute editions not part of the law

✓ current as of May 2026
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      174.540 Parts of printed statute editions not part of the law. Title heads, chapter heads, division heads, section and subsection heads or titles and explanatory notes, in the statute laws described in ORS 174.510 (1) and in parts of Oregon Revised Statutes, do not constitute any part of the law. [1953 c.3 §4; 1961 c.90 §5; 2013 c.1 §15]

Notes of Decisions
Cited in 23 cases (2 in the last 5 years), 1964–2023 · leading case: State v. Fugate, 963 P.2d 686 (Or. Ct. App. 1998).
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State v. Fugate, 963 P.2d 686 (Or. Ct. App. 1998). · cites it 4× “" At the outset, we note that the Supreme Court has held that the relating clause of a bill is not part of the statute itself and "cannot supply express provisions that are not otherwise in the [statute's] text." Nakamoto v.”
Hughes v. State of Oregon, 838 P.2d 1018 (Or. 1992). · cites it 2× “ORS 174.540. [29] As one judge has stated: "The Supreme Court in Piqua * * * looked not to the absence of language restricting subsequent legislative modification of the method of taxation, but to the context and purpose of the entire act, and arrived at a conclusion contrary to…”
North Harbour Corp. v. Dep't of Revenue, 16 Or. Tax 91 (Or. T.C. 2002). “ORS 174.540. 3 The county concedes that an apartment building would be property constructed in furtherance of the production of income.”
State Ex Rel. Juv. Dep't v. Deford, 34 P.3d 673 (Or. Ct. App. 2001). “By its express terms, the statute unambiguously applies to all of “chapter 743, Oregon Laws 1971,” which encompasses the entire 197Í criminal code, which includes ORS chapter 163.”
Nakamoto v. Kulongoski, 904 P.2d 165 (Or. 1995). · cites it 2× “See ORS 174.540 (statute section headings and explanatory notes "do not constitute any part of the law").”
Miller v. Water Wonderland Improvement Dist., 918 P.2d 849 (Or. Ct. App. 1996). · cites it 2× “ORS 174.540. The heading may accurately identify the import of the chapter, but one cannot simply equate the term "special district" in ORS 192.”
Ascher v. Kulongoski (elections Div. 46), 909 P.2d 1216 (Or. 1996). · cites it 2× “Although the measure contains an explanatory "summary" that refers generally to the repeal of unspecified provisions of state law, a ballot measure's heading or explanatory notes cannot supply express provisions that are not in the measure's text.”
Weldon v. Bd. of Licensed Prof'l Counselors & Therapists, 293 P.3d 1023 (Or. 2012). “ORS 174.540. See also State ex rel Penn v.”
Magee Ex Rel. Chefwear, Inc. v. Huppin-Fleck, 664 N.E.2d 246 (Ill. App. Ct. 1996). “” Or. Rev. Stat. § 174.540 (1993). Thus, we do not consider the section heading of section 60.”
Church v. Grant Cnty., 69 P.3d 759 (Or. Ct. App. 2003). “See ORS 174.540; Exchange Properties, Inc. v.”
Bush v. City of Prineville, 325 Or. App. 37 (Or. Ct. App. 2023). “ORS 174.540; Church v. Grant County, 187 Or App 518 , 526 n 4, 69 P3d 759 (2003).”
State Ex Rel. Penn v. Norblad, 918 P.2d 426 (Or. 1996). “” ORS 174.540. The 1973 code of criminal procedure contained its own instruction with respect to headings, however: “The part, article and section headings or captions used in this Act are used only for convenience in locating or *469 explaining provisions of this Act and are…”
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