Bill > SB38

This bill amends Montana law regarding attorney fees and costs in civil actions involving government entities, specifically addressing situations related to legislative veto override polls. The legislation modifies Section 25-10-711 to clarify that in civil actions against state, political subdivision, or agency defendants, attorney fees and costs can be awarded if the opposing party prevails and the court finds the government's claim or defense was frivolous or pursued in bad faith. Importantly, the bill adds a new provision that in actions seeking a writ of mandamus to compel a legislative veto override poll, if the poll does not result in overriding the veto, the opposing party is not considered to have prevailed. Furthermore, even if a court finds the government's defense was frivolous or in bad faith, attorney fees and costs cannot be awarded against the government entity in such a legislative veto override poll scenario. The bill takes effect immediately upon passage and applies to actions relating to legislative veto override polls commenced on or after its effective date, providing a clear limitation on potential attorney fee awards in these specific legal proceedings.

Justice

https://bills.legmt.gov/#/laws/bill/20251/LC0612