Bill Text: OR HB3297 | 2011 | Regular Session | Introduced

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Bill Title: Relating to attorney fees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3297 Detail]

Download: Oregon-2011-HB3297-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 3385

                         House Bill 3297

Sponsored by Representative GARRETT

                             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 as
introduced.

  Modifies law that requires that statutes authorizing or
mandating award of attorney fees to parties in civil proceeding
be construed as authorizing or mandating that award on appeal.
Extends law to statutes that authorize or require award of
attorney fees in administrative proceedings.

                        A BILL FOR AN ACT
Relating to attorney fees; creating new provisions; and amending
  ORS 19.440.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 19.440 is amended to read:
  19.440.   { - Any statute law of this state that authorizes or
requires the award or allowance of attorney fees to a party in a
civil action or proceeding, but does not expressly authorize or
require that award or allowance on an appeal in the action or
proceeding and does not expressly prohibit that award or
allowance on an appeal, shall be construed as authorizing or
requiring that award or allowance on an appeal in the action or
proceeding. - }
   { +  (1) If a statute of this state authorizes or requires an
award of attorney fees to a party to a proceeding, but does not
expressly authorize or require that award on appeal or other
judicial review of the decision in the proceeding, and does not
expressly prohibit that award on an appeal or other judicial
review, the statute shall be construed as authorizing or
requiring the award of attorney fees on appeal or other judicial
review of the decision in the proceeding.
  (2) The provisions of this section apply to statutes that
authorize or require the award of attorney fees in administrative
proceedings in addition to statutes that authorize or require the
award of attorney fees in civil proceedings in courts. + }
  SECTION 2.  { + (1) Except as provided in subsection (2) of
this section, the amendments to ORS 19.440 by section 1 of this
2011 Act apply only to judicial review proceedings commenced on
or after the effective date of this 2011 Act.
  (2) Subject to subsection (3) of this section, the amendments
to ORS 19.440 by section 1 of this 2011 Act apply to any judicial
review proceedings commenced before the effective date of this
2011 Act in which an appellate judgment was entered on or after
January 1, 2009, and in which attorney fees were denied based on

ORS 19.440 as in effect immediately before the effective date of
this 2011 Act.
  (3) A party to a proceeding described in subsection (2) of this
section who wishes to seek an award of attorney fees under ORS
19.440, as amended by section 1 of this 2011 Act, must file a
motion for entry of a supplemental judgment in the proceeding
within 90 days after the effective date of this 2011 Act. + }
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