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

Oregon Senate Bill 592 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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-Engrossed.html



     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 1186

                           A-Engrossed

                         Senate Bill 592
                 Ordered by the Senate March 15
           Including Senate Amendments dated March 15

Sponsored by Senator ATKINSON

                             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.

  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.  { + 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. + }
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