Bill Text: OR SB592 | 2011 | Regular Session | Enrolled

Oregon Senate Bill 592 (Prior Session Legislation)

Bill Title: Relating to attorney fees.

Sponsorship: Bipartisan Bill

Status: (Passed) 2011-06-24 - Effective date, January 1, 2012. [SB592 Detail]

Download: Oregon-2011-SB592-Enrolled.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         Senate Bill 592

Sponsored by Senator ATKINSON; Representative GARRETT

                     CHAPTER ................

                             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, judicial
review or other appellate review of the decision in the
proceeding, and does not expressly prohibit that award on an
appeal, judicial review or other appellate review, the statute
shall be construed as authorizing or requiring the award of
attorney fees on appeal, judicial review or other appellate
review of the decision in the proceeding, including any denial of
a petition for review by the Supreme Court in the proceeding.
  (2) 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 an award of attorney fees in a
mandamus proceeding arising out of the original proceeding, the
statute shall be construed as authorizing or requiring the award
of attorney fees in the mandamus proceeding.
  (3) 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.  { + 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. + }
                         ----------

Enrolled Senate Bill 592 (SB 592-B)                        Page 1

Passed by Senate March 17, 2011

Repassed by Senate June 10, 2011

    .............................................................
                               Robert Taylor, Secretary of Senate

    .............................................................
                              Peter Courtney, President of Senate

Passed by House June 7, 2011

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Enrolled Senate Bill 592 (SB 592-B)                        Page 2

Received by Governor:

......M.,............., 2011

Approved:

......M.,............., 2011

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2011

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled Senate Bill 592 (SB 592-B)                        Page 3