HOUSE BILL NO. 648
INTRODUCED BY YOUNKIN
AN ACT PROVIDING THAT A REPRODUCTIVE TECHNOLOGY BUSINESS HAS A LIEN ON ANIMAL EMBRYOS OR SEMEN UNTIL THE AMOUNT DUE FOR SERVICES IS PAID; DEFINING "REPRODUCTIVE TECHNOLOGY BUSINESS"; PROVIDING THAT A LIEN CREATED UNDER THE AGISTERS' LIEN LAWS BY A REPRODUCTIVE TECHNOLOGY BUSINESS MAY NOT TAKE PRECEDENCE OVER OTHER LIENS UNLESS THE REPRODUCTIVE TECHNOLOGY BUSINESS PROVIDES NOTICE TO OTHER LIENHOLDERS OR SECURED PARTIES WITHIN 30 DAYS FROM THE TIME OF HARVESTING OR COLLECTING THE EMBRYOS OR SEMEN; AMENDING SECTIONS 71-3-1201 AND 71-3-1202, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
AN ACT PROVIDING THAT A REPRODUCTIVE TECHNOLOGY BUSINESS HAS A LIEN ON ANIMAL EMBRYOS OR SEMEN UNTIL THE AMOUNT DUE FOR SERVICES IS PAID; DEFINING "REPRODUCTIVE TECHNOLOGY BUSINESS"; PROVIDING THAT A LIEN CREATED UNDER THE AGISTERS' LIEN LAWS BY A REPRODUCTIVE TECHNOLOGY BUSINESS MAY NOT TAKE PRECEDENCE OVER OTHER LIENS UNLESS THE REPRODUCTIVE TECHNOLOGY BUSINESS PROVIDES NOTICE TO OTHER LIENHOLDERS OR SECURED PARTIES WITHIN 30 DAYS FROM THE TIME OF HARVESTING OR COLLECTING THE EMBRYOS OR SEMEN; AMENDING SECTIONS 71-3-1201 AND 71-3-1202, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Definition. For the purposes of this part, "reproductive technology business" means a business that collects, processes, packages, and stores embryos or semen from animals or provides breeding services for compensation.
Section 2. Section 71-3-1201, MCA, is amended to read:
"71-3-1201. Who may have lien -- agisters' lien -- lien for service -- towing and storage lien. (1) (a) If there is an express or implied contract for keeping, feeding, herding, pasturing, or ranching stock, a ranchman rancher, farmer, agister, herder, hotelkeeper, livery, or stablekeeper, or reproductive technology business to whom any horses, mules, cattle, sheep, hogs, or other stock are entrusted has a lien upon the stock for the amount due for keeping, feeding, herding, pasturing, or ranching the stock or for providing a service listed in subsection (1)(b) and may retain possession of the stock until the sum due is paid.
(b) If there is an express or implied contract for collecting, processing, packaging, or storing embryos or semen from livestock provided for in this subsection (1), a reproductive technology business to whom embryos or semen is entrusted and who still has possession has a lien upon the embryos or semen for the amount due for collecting, processing, packaging, or storing the embryos or semen and may retain possession of the embryos or semen until the sum due is paid.
(2) Every person who, while lawfully in possession of an article of personal property, renders any service to the owner or lawful claimant of the article by labor or skill employed for the making, repairing, protection, improvement, safekeeping, carriage, towing, or storage of the article or tows or stores the article as directed under authority of law has a special lien on it. The lien is dependent on possession and is for the compensation, if any, that is due to the person from the owner or lawful claimant for the service and for material, if any, furnished in connection with the service. If the service is towing or storage, the lien is for the reasonable cost of the towing or storage."
Section 3. Section 71-3-1202, MCA, is amended to read:
"71-3-1202. Priority. (1) Subject to subsection (4), the The lien hereby created shall may not take precedence over perfected security interests under the Uniform Commercial Code--Secured Transactions or other recorded liens on the property involved unless, within 30 days from the time of receiving the property, the person desiring to assert a lien thereon shall give upon the property gives notice in writing to said the secured party or other lienholder, stating his the intention to assert a lien on said the property, under the terms of this part, and stating the nature and approximate amount of the work performed or feed or other services furnished or intended to be performed or furnished therefor.
(2) Such service Service may be made either by personal service or by mailing by registered or certified mail a copy of said the notice to the secured party or other lienholder at his the last-known post-office address. Said service shall Service must be deemed considered complete upon the deposit of the notice in the post office.
(3) Within 20 days after the date of such mailing or 10 days after such personal service, the secured party or other lienholder or his the secured party's or other lienholder's representative shall have has the right to take possession of said the property upon payment of the amount of the lien then accrued. A failure on the part of such the secured party or other lienholder so to do shall constitute to take possession of the property constitutes a waiver of the priority of such the security interest or other lien over the lien created by this part.
(4) With regard to a reproductive technology business, the lien created may not take precedence over perfected security interests under the Uniform Commercial Code--Secured Transactions or other recorded liens on the embryos or semen involved unless, within 30 days from the time of harvesting or collecting the embryos or semen, the person desiring to assert a lien upon the embryos or semen gives notice in writing to the secured party or other lienholder stating the intention to assert a lien on the embryos or semen, under the terms of this part, and stating the nature and approximate amount of the work performed or other services furnished or intended to be performed or furnished."
Section 4. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 71, chapter 3, part 12, and the provisions of Title 71, chapter 3, part 12, apply to [section 1].
Section 5. Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].
Section 6. Effective date. [This act] is effective on passage and approval.
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