71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to RC to A-Eng. HB 2381
 
LC 1255/HB 2381-A4
 
            SENATE AMENDMENTS TO RESOLVE CONFLICTS TO
                   A-ENGROSSED HOUSE BILL 2381
 
                    By COMMITTEE ON JUDICIARY
 
                             May 31
 
  On page 1 of the printed A-engrossed bill, line 2, delete '
and'.
  In line 3, before the period insert '; and repealing section 4,
chapter ___, Oregon Laws 2001 (Enrolled House Bill 2374)'.
  On page 2, after line 44, insert:
  '  { +  SECTION 3a. + }  { + If House Bill 2374 becomes law,
section 4, chapter ___, Oregon Laws 2001 (Enrolled House Bill
2374) (amending ORS 20.096), is repealed and ORS 20.096, as
amended by section 3 of this 2001 Act, is amended to read: + }
  ' 20.096. (1) In any action or suit  { + in which a claim is
made based + } on a contract, where such contract specifically
provides that attorney fees and costs incurred to enforce the
provisions of the contract shall be awarded to one of the
parties, the
  { - prevailing - }  party { +  that prevails on the claim + },
whether that party is the party specified in the contract or not,
 { - at trial or on appeal, - }  shall be entitled to reasonable
attorney fees in addition to costs and disbursements.
  ' (2) Attorney fees provided for in a contract described in
subsection (1) of this section shall not be subject to waiver by
the parties to any such contract   { - which - }   { + that + }
is entered into after September 9, 1971. Any provision in such a
contract   { - which - }  { + that + } provides for a waiver of
attorney fees is void.
  '  { - (3) Except as provided in ORS 20.015, as used in this
section, 'prevailing party' means the party in whose favor final
judgment or decree is rendered. - }
  '  { - (4) - }  { +  (3) + } As used in this section and ORS
20.097, ' contract' includes any instrument or document
evidencing a debt.'.
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