Montana legislation · 2025 Regular Session
Montana HB365: Revise laws relating to attorney fees and costs based on legislative conduct
Status: Signed into law, May 8, 2025
What the bill says
An act revising the award of costs and attorney fees based on legislative conduct; prohibiting legislative conduct to be considered in a bad faith analysis; providing that legislative conduct is inadmissible for a bad faith analysis or for awarding costs and fees; amending section 25-10-711, mca; and providing an immediate effective date and a retroactive applicability date.
From the engrossed text:
AN ACT REVISING THE AWARD OF COSTS AND ATTORNEY FEES BASED ON LEGISLATIVE CONDUCT; PROHIBITING LEGISLATIVE CONDUCT TO BE CONSIDERED IN A BAD FAITH ANALYSIS; PROVIDING THAT LEGISLATIVE CONDUCT IS INADMISSIBLE FOR A BAD FAITH ANALYSIS OR FOR AWARDING COSTS AND FEES; AMENDING SECTION 25-10-711, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND A RETROACTIVE APPLICABILITY DATE. 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 -- legislative branch conduct not considered. (1) In Except as provided in subsection (2), 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 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) The conduct of the legislative branch in passing legislation may not be considered in a bad faith analysis. This subsection applies to any award of costs or attorney fees against a government entity regardless of whether the defense is frivolous or pursued in …
Sponsors
- Fitzpatrick, Steve (R, 24) · primary sponsor
- Vinton, Sue (R, 20)
Latest actions
- : Chapter Number Assigned
- : (H) Signed by Governor
- : (H) Transmitted to Governor
- : (S) Signed by President
- : (H) Signed by Speaker
- : (H) Returned from Enrolling
- : (H) Sent to Enrolling
- : (S) 3rd Reading
- : (S) Scheduled for 3rd Reading
- : (S) 2nd Reading
Votes
- Do Concur (April 14, 2025): 31 yea, 17 nay, passed
- Do Concur (April 12, 2025): 32 yea, 17 nay, passed
- Do Pass (February 19, 2025): 57 yea, 43 nay, passed
- Do Pass (February 18, 2025): 58 yea, 41 nay, passed
Subjects: Judges and Justices, Courts, Legislature, Evidence, State Government
Common questions
- What is HB365?
- HB365 is a bill in the Montana Legislature (2025 Regular Session): Revise laws relating to attorney fees and costs based on legislative conduct.
- What does HB365 do?
- In its own words: An act revising the award of costs and attorney fees based on legislative conduct; prohibiting legislative conduct to be considered in a bad faith analysis; providing that legislative conduct is inadmissible for a bad faith analysis or for awarding costs and fees; amending section 25-10-711, mca; and providing an immediate effective date and a retroactive applicability date.
- What is the status of HB365?
- Signed into law as of May 8, 2025. Latest action: Chapter Number Assigned (May 8, 2025).
- Who sponsored HB365?
- Fitzpatrick, Steve (R, 24), with 1 co-sponsor.
- Where is the official record for HB365?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC0598
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.