First Substitute S.B. 53

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Senate Committee Amendments 2-12-2009 rd/ecm This document includes Senate Committee Amendments incorporated into the bill on Thu, Feb 12, 2009 at 9:56 AM by rday. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Fri, Feb 27, 2009 at 12:11 PM by rday. --> This document includes Senate 3rd Reading Floor Amendments (CORRECTED) incorporated into the bill on Mon, Mar 9, 2009 at 7:48 AM by rday. --> Senator Stephen H. Urquhart proposes the following substitute bill:

1 AWARDING OF ATTORNEY FEES
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stephen H. Urquhart
5 House Sponsor: Brad L. Dee
6
7 LONG TITLE
8 General Description:
9 This bill limits when a court may award attorney fees.
10 Highlighted Provisions:
11 This bill:
12 . provides that attorney fees may not be awarded under the private attorney general
13 doctrine.
14 Monies Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 ENACTS:
20 78B-5-825.5, Utah Code Annotated 1953
21
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 78B-5-825.5 is enacted to read:
24 78B-5-825.5. Attorney fees -- Private attorney general doctrine disavowed.
25 A court may not award attorney fees under the private attorney general doctrine S. [ as .S

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Corrected Senate 3rd Reading Amendments 3-9-2009 rd/ecm

Senate 3rd Reading Amendments 2-27-2009 rd/ecm

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Senate Committee Amendments 2-12-2009 rd/ecm 26

S. stated in Stewart v. Utah Public Service Commission, 885 P.2d 759 (1994), and its progeny ] in any
26a action filed after May 12, 2009 .S .