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69th Legislature 2025 SB 38
- 1 - Authorized Print Version – SB 38
ENROLLED BILL
AN ACT REVISING LAWS TO PROHIBIT ATTORNEY FEE AWARDS AGAINST A GOVERNMENT ENTITY
RELATING TO LEGISLATIVE VETO OVERRIDES; PROHIBITING ATTORNEY FEES AGAINST A
GOVERNMENT ENTITY WHEN THE RESULT OF A LEGISLATIVE VETO OVERRIDE POLL DOES NOT
RESULT IN AN OVERRIDE OF A VETO; AMENDING SECTION 25-10-711, MCA; AND PROVIDING AN
IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 25-10-711, MCA, is amended to read:
"25-10-711. Award of costs against governmental government entity when suit or defense is
frivolous or pursued in bad faith -- award of costs related to legislative veto override poll. (1) In any civil
action brought by or against the state, a political subdivision, or an agency of the state or a political subdivision,
the opposing party, whether plaintiff or defendant, is entitled to the costs enumerated in 25-10-201 and
reasonable attorney fees as determined by the court if:
(a) the opposing party prevails against the state, political subdivision, or agency; and
(b) the court finds that the claim or defense of the state, political subdivision, or agency that
brought or defended the action was frivolous or pursued in bad faith.
(2) In an action in which a party seeks a writ of mandamus to compel a legislative veto override
poll and the result of the poll does not override the veto, the opposing party is not considered to have prevailed.
This subsection applies to an award of costs against a government entity even if a court finds that the defense
was frivolous or pursued in bad faith.
(2)(3) Costs may be granted pursuant to subsection (1) notwithstanding any other provision of the law
to the contrary."
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69th Legislature 2025 SB 38
- 2 - Authorized Print Version – SB 38
ENROLLED BILL
Section 2. Effective date. [This act] is effective on passage and approval.
Section 3. Applicability. [This act] applies to actions relating to a legislative veto override poll
commenced on or after [the effective date of this act].
- END -
I hereby certify that the within bill,
SB 38, originated in the Senate.
___________________________________________
Secretary of the Senate
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
SENATE BILL NO. 38
INTRODUCED BY G. HERTZ
BY REQUEST OF THE SENATE SELECT COMMITTEE ON JUDICIAL OVERSIGHT AND REFORM
AN ACT REVISING LAWS TO PROHIBIT ATTORNEY FEE AWARDS AGAINST A GOVERNMENT ENTITY
RELATING TO LEGISLATIVE VETO OVERRIDES; PROHIBITING ATTORNEY FEES AGAINST A
GOVERNMENT ENTITY WHEN THE RESULT OF A LEGISLATIVE VETO OVERRIDE POLL DOES NOT
RESULT IN AN OVERRIDE OF A VETO; AMENDING SECTION 25-10-711, MCA; AND PROVIDING AN
IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE.