72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 41
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Joint Interim Committee on
  Judiciary for Oregon State Bar Procedure and Practice
  Committee)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to attorney fees.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1.  { + A prevailing party in a civil action relating
to an express or implied contract is entitled to an award of
attorney fees that is authorized by the terms of the contract or
by statute, even though the party prevails by reason of a claim
or defense asserting that the contract is in whole or part void
or unenforceable. + }
  SECTION 2.  { + (1) Except as provided in subsection (2) of
this section, section 1 of this 2003 Act applies to contracts
entered into before, on or after the effective date of this 2003
Act.
  (2) Section 1 of this 2003 Act does not apply to any action
relating to an express or implied contract that is commenced
before the effective date of this 2003 Act as described in ORS
12.020. + }
                         ----------
 
 
Passed by Senate January 30, 2003
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 29, 2003
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
Enrolled Senate Bill 41 (SB 41-INTRO)                      Page 1
 
 
 
 
 
Received by Governor:
 
......M.,............., 2003
 
Approved:
 
......M.,............., 2003
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2003
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 41 (SB 41-INTRO)                      Page 2