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

A. If for sixty days after request made by a taxpayer of the state in writing, the attorney general fails to institute an action as provided in section 35-212, any taxpayer of the state may institute the action in his own name and at his own cost with the same effect as if brought by the attorney general.

B. 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 or will pay all damages sustained by the defendant by reason of the action and all costs incurred therein.

C. If the taxpayer prevails in the action, the court shall allow him costs and reasonable attorney's fees, not to exceed forty per cent of the amount recovered or saved to the state, as the case may be.