35-213. Failure of attorney general to bring action; action by taxpayer; bond; amount of recovery and attorney fees

A. An action to recover illegally paid public monies pursuant to section 35-212, subsection B, paragraph 1 or 3 may be brought only by the attorney general.

B. A taxpayer of this state may request, in writing, the attorney general to institute an action pursuant to section 35-212. A request made regarding a political subdivision may be made only by a taxpayer of the political subdivision that is the subject of the request. A request made regarding a county may only be submitted twenty-one days after a request is made to the county attorney pursuant to section 11-642. If, for sixty days after the request made by the taxpayer in writing, the attorney general fails to institute an action as provided in section 35-212, the taxpayer who made the request may institute the action pursuant to section 35-212, subsection A or subsection B, paragraph 2 in the taxpayer's own name and at the taxpayer's own cost with the same effect as if brought by the attorney general.

C. The person instituting the action shall execute a bond payable to the defendant in the action, conditioned that the plaintiff will prosecute the action with diligence and finality and will pay all damages sustained by the defendant by reason of the action and all costs incurred in the action, including attorney fees awarded to the defendant.

D. The court may award the prevailing party costs and reasonable attorney fees, not to exceed forty percent of the amount sought to be recovered or saved to the state or political subdivision.