First Substitute S.B. 53

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 as

26 stated in Stewart v. Utah Public Service Commission, 885 P.2d 759 (1994), and its progeny.