MT SB38

Amends Section 25-10-711, MCA to prohibit attorney fee awards against government entities in cases involving legislative veto override polls when the poll does not result in an override of the veto

Specifies that a party seeking a writ of mandamus to compel a legislative veto override poll is not considered to have "prevailed" if the poll ultimately fails to override the veto, even if they successfully obtained the poll through litigation

Blocks cost recovery against government entities in veto override poll cases even when a court finds the government's defense was frivolous or pursued in bad faith

Takes effect immediately upon passage and approval, applying to veto override poll actions commenced on or after the effective date

Introduced by Senator G. Hertz at the request of the Senate Select Committee on Judicial Oversight and Reform