This bill amends Section 25-10-711 of the Montana Code Annotated to prohibit the awarding of attorney fees against a government entity in cases related to legislative veto overrides. Specifically, it states that if a party seeks a writ of mandamus to compel a legislative veto override poll and the result does not lead to an override of the veto, the opposing party is not considered to have prevailed in the action. This provision applies even if a court finds that the defense by the government entity was frivolous or pursued in bad faith.

The bill also clarifies that costs may still be granted against a government entity in civil actions if the opposing party prevails and the court finds the government's claim or defense to be frivolous or in bad faith. The act is set to take effect immediately upon passage and approval, and it applies to actions related to legislative veto override polls that commence on or after the effective date.

Statutes affected:
LC Text: 25-10-711
SB0038_1(1): 25-10-711
SB0038_1(2): 25-10-711
SB0038_1(3): 25-10-711
SB0038_1(4): 25-10-711
SB0038_1(5): 25-10-711
SB0038_1(6): 25-10-711
SB0038_1(7): 25-10-711
SB0038_1: 25-10-711
SB0038_X(1): 25-10-711
SB0038_X(2): 25-10-711
SB0038_X(3): 25-10-711
SB0038_X(4): 25-10-711
SB0038_X(5): 25-10-711
SB0038_X: 25-10-711