# Montana HB 365: Revise laws relating to attorney fees and costs based on legislative conduct

Montana HB 365, Revise laws relating to attorney fees and costs based on legislative conduct, is a 69th Legislature, Regular Session (2025) House bill sponsored by Steve Fitzpatrick (Republican); status signed, last action 2025-05-08 (Chapter Number Assigned) (as of 2026-10-12).

- Canonical: https://policyrisk.com/state-bill/MT-HB365-2025
- As of: 2026-10-12
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: Montana HB 365
- State: Montana
- Session: 69th Legislature, Regular Session (2025)
- Title: Revise laws relating to attorney fees and costs based on legislative conduct
- Status: signed
- Chamber: House
- Introduced: 2025-01-31
- Last action: 2025-05-08, Chapter Number Assigned
- Sponsor: Steve Fitzpatrick (Republican)
- Cosponsors: 1
- Subjects: Legislature, Courts, Evidence, Judges and Justices, State Government
- Touches household money: no
- Roll calls: 4 (178 yes, 120 no in all)
- Economic provisions PRIA read: 1

## Summary

No summary available.

## Bill overview: provisions PRIA read

- Courts cannot use lawmaker conduct for fees: cost, low. Courts cannot use legislative conduct to decide bad faith or to award costs or attorney fees against a government defending a law. This bar applies even when the government's defense is found frivolous or in bad faith. Courts may still award fees based on the government's own litigation conduct, bu…

## Sponsors and cosponsors

- Sponsor: Steve Fitzpatrick (Republican), House
- Cosponsor: Sue Vinton (Republican), Senate

## Roll call votes

| Date | Chamber | Motion | Result | Yes | No | Other |
| --- | --- | --- | --- | --- | --- | --- |
| 2025-04-14 | Senate | Do Concur | pass | 31 | 17 |   |
| 2025-04-12 | Senate | Do Concur | pass | 32 | 18 |   |
| 2025-02-19 | House | Do Pass | pass | 57 | 43 |   |
| 2025-02-18 | House | Do Pass | pass | 58 | 42 |   |

## Actions (25)

- 2025-05-08: Chapter Number Assigned (House)
- 2025-05-05: Signed by Governor (House)
- 2025-04-25: Transmitted to Governor (House)
- 2025-04-25: Signed by President (Senate)
- 2025-04-23: Signed by Speaker (House)
- 2025-04-16: Returned from Enrolling (House)
- 2025-04-14: Sent to Enrolling (House)
- 2025-04-14: 3rd Reading (Senate)
- 2025-04-12: 2nd Reading (Senate)
- 2025-04-11: 2nd Reading Pass Consideration (Senate)
- 2025-03-21: Committee Report (Senate)
- 2025-03-20: Committee Executive Action (Senate)
- 2025-03-18: Hearing (Senate)
- 2025-03-01: Referred to Committee (Senate)
- 2025-02-20: 1st Reading (Senate)
- 2025-02-19: Transmitted to Senate (House)
- 2025-02-19: 3rd Reading (House)
- 2025-02-18: 2nd Reading (House)
- 2025-02-12: Committee Report (House)
- 2025-02-12: Committee Executive Action (House)
- 2025-02-12: Committee Executive Action (House)
- 2025-02-04: Hearing (House)
- 2025-01-31: 1st Reading (House)
- 2025-01-31: Referred to Committee (House)
- 2025-01-31: Introduced (House)

## Bill text

- Enrolled, 2025-04-15: [PDF](https://docs.legmt.gov/download-ticket?ticketId=4378f26a-1c4e-4f1d-8a1c-fa0c10d57879)
- Introduced, 2025-01-31: [PDF](https://docs.legmt.gov/download-ticket?ticketId=f4e32bb9-3dc7-4e87-9b40-40dde20ed591)

## Related bills

- SB 437: Revise definition of sex in Montana law (signed)
- HB 831: Increase elderly homeowner and renter income tax credit (vetoed)
- HB 628: Revise early literacy targeted intervention laws (vetoed)
- SB 410: Provide for Montana genomic security act (vetoed)
- SB 424: Revising the disabled veteran property tax assistance program (vetoed)
- SB 422: Generally revise laws relating to insurance coverage relating to cancer (vetoed)

## Sources
- [Enrolled (PDF)](https://docs.legmt.gov/download-ticket?ticketId=4378f26a-1c4e-4f1d-8a1c-fa0c10d57879)
- [Introduced (PDF)](https://docs.legmt.gov/download-ticket?ticketId=f4e32bb9-3dc7-4e87-9b40-40dde20ed591)

## Related
- [SB 437: Revise definition of sex in Montana law](https://policyrisk.com/state-bill/MT-SB437-2025)
- [HB 831: Increase elderly homeowner and renter income tax credit](https://policyrisk.com/state-bill/MT-HB831-2025)
- [HB 628: Revise early literacy targeted intervention laws](https://policyrisk.com/state-bill/MT-HB628-2025)
- [SB 410: Provide for Montana genomic security act](https://policyrisk.com/state-bill/MT-SB410-2025)
- [SB 424: Revising the disabled veteran property tax assistance program](https://policyrisk.com/state-bill/MT-SB424-2025)
- [SB 422: Generally revise laws relating to insurance coverage relating to cancer](https://policyrisk.com/state-bill/MT-SB422-2025)
- [Montana bills](https://policyrisk.com/states/montana/bills)
- [Montana state hub](https://policyrisk.com/states/montana)
- [All state legislation](https://policyrisk.com/state-bills)

Source: PRIA, https://policyrisk.com/state-bill/MT-HB365-2025 (as of 2026-10-12).
