SENATE BILL NO. 165

INTRODUCED BY J. LYNCH, B. PAVLOVICH, R. CLARK, T. KEATING

A BILL FOR AN ACT ENTITLED: "AN ACT CREATING A POSSESSORY LIEN ON A MOTOR VEHICLE FOR THE PAYMENT OF TOWING AND STORAGE CHARGES ON THE MOTOR VEHICLE; REVISING THE AGISTERS' LIEN LAWS TO INCLUDE TOWING AND STORAGE LIENS; AND AMENDING SECTION 71-3-1201, MCA."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

(Refer to Introduced Bill)

Strike everything after the enacting clause and insert:

Section 1. 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) If there is an express or implied contract for keeping, feeding, herding, pasturing, or ranching stock, a ranchman, farmer, agister, herder, hotelkeeper, livery, or stablekeeper 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 and may retain possession of the stock 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 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 the towing and storage of a motor vehicle, the lien is for the reasonable cost of the towing and storage.

(3) If the article of personal property against which a lien is claimed under subsection (2) is a motor vehicle, notice of the lien must be filed with the department of justice in accordance with the provisions of 61-3-103."

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