25-10-711. Award of costs against government entity when suit or defense is frivolous or pursued in bad faith -- legislative branch conduct not considered -- award of costs related to legislative veto override poll. (1) 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 if:

(a) the opposing party prevails against the state, political subdivision, or agency; 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 bad faith.

(3) 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 costs against a government entity even if a court finds that the defense was frivolous or pursued in bad faith.

(4) Costs may be granted pursuant to subsection (1) notwithstanding any other provision of the law to the contrary. The award of costs must be reasonable and considered under 25-10-712.