Montana legislation · 2025 Regular Session
Montana SB38: Generally revise laws relating to attorney fees and prevailing parties for veto overrides
Status: Signed into law, May 8, 2025
What the bill says
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.
From the engrossed text:
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. 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 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 …
Sponsors
- Hertz, Greg (R, 7) · primary sponsor
- Millett, Tom (R, 2)
Latest actions
- : Chapter Number Assigned
- : (S) Signed by Governor
- : (S) Transmitted to Governor
- : (H) Signed by Speaker
- : (S) Signed by President
- : (S) Returned from Enrolling
- : (S) Sent to Enrolling
- : (H) 3rd Reading
- : (H) Scheduled for 3rd Reading
- : (H) 2nd Reading
Votes
- Do Concur (April 11, 2025): 58 yea, 41 nay, passed
- Do Concur (April 10, 2025): 58 yea, 41 nay, passed
- Do Pass (February 3, 2025): 36 yea, 13 nay, passed
- Do Pass (January 31, 2025): 31 yea, 18 nay, passed
Subjects: Civil Procedure
Common questions
- What is SB38?
- SB38 is a bill in the Montana Legislature (2025 Regular Session): Generally revise laws relating to attorney fees and prevailing parties for veto overrides.
- What does SB38 do?
- In its own words: 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.
- What is the status of SB38?
- Signed into law as of May 8, 2025. Latest action: Chapter Number Assigned (May 8, 2025).
- Who sponsored SB38?
- Hertz, Greg (R, 7), with 1 co-sponsor.
- Where is the official record for SB38?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC0612
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.