This bill amends Section 25-10-711 of the Montana Code Annotated to revise the award of costs and attorney fees in civil actions involving government entities. It specifies that in any civil action brought by or against the state or its political subdivisions, the opposing party is entitled to costs and reasonable attorney fees if they prevail and the court finds that the government's claim or defense was frivolous or pursued in bad faith. However, the bill introduces a significant change by stating that the conduct of the legislative branch in passing legislation cannot be considered in a bad faith analysis, thereby protecting legislative actions from being used against government entities in such legal contexts.

Additionally, the bill establishes that legislative conduct is inadmissible for the purpose of awarding costs or attorney fees against a government entity defending an enactment of the legislature. This provision applies retroactively to all legislation passed and approved since the commencement of the 69th legislative session, ensuring that past legislative actions are also shielded from bad faith claims. The bill is set to take effect immediately upon passage and approval.

Statutes affected:
LC Text: 25-10-711
HB0365_1(1): 25-10-711
HB0365_1(2): 25-10-711
HB0365_1(3): 25-10-711
HB0365_1(4): 25-10-711
HB0365_1(5): 25-10-711
HB0365_1(6): 25-10-711
HB0365_1: 25-10-711
HB0365_X(1): 25-10-711
HB0365_X(2): 25-10-711
HB0365_X(3): 25-10-711
HB0365_X(4): 25-10-711
HB0365_X(5): 25-10-711
HB0365_X(6): 25-10-711
HB0365_X(7): 25-10-711
HB0365_X: 25-10-711