75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 745
 
Sponsored by Senator BONAMICI (at the request of Justin and
  Michael Baxter)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to attorney fees; creating new provisions; amending ORS
  20.083 and 20.096; and declaring an emergency.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 20.083 is amended to read:
  20.083. 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 - }  { + , a claim or defense asserting that the contract
is + } unenforceable  { + or a claim or defense asserting that
the prevailing party was not a party to the contract + }.
  SECTION 2. ORS 20.096 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 - }  { +  that + }
specifically provides that attorney fees and costs incurred to
enforce the provisions of the contract shall be awarded to one of
the parties, the party that prevails on the claim  { - , whether
that party is the party specified in the contract or not, - }
shall be entitled to reasonable attorney fees in addition to
costs and disbursements { + , without regard to whether the
prevailing party is the party specified in the contract and
without regard to whether the prevailing party is a party to the
contract + }.
  (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 that is entered into after
September 9, 1971. Any provision in such a contract that provides
for a waiver of attorney fees is void.
  (3) As used in this section and ORS 20.097, 'contract '
includes any instrument or document evidencing a debt.
  SECTION 3.  { + (1) The amendments to ORS 20.083 and 20.096 by
sections 1 and 2 of this 2009 Act apply to all contracts, whether
entered into before, on or after the effective date of this 2009
Act.
  (2) The amendments to ORS 20.083 and 20.096 by sections 1 and 2
of this 2009 Act do not apply to an action on a contract in which
a judgment was entered before the effective date of this 2009
Act. + }
  SECTION 4.  { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
 
 
Enrolled Senate Bill 745 (SB 745-INTRO)                    Page 1
 
 
 
is declared to exist, and this 2009 Act takes effect on its
passage. + }
                         ----------
 
 
Passed by Senate April 29, 2009
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 28, 2009
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 745 (SB 745-INTRO)                    Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2009
 
Approved:
 
......M.,............., 2009
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2009
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 745 (SB 745-INTRO)                    Page 3