AN ACT CREATING A POSSESSORY LIEN FOR THE PAYMENT OF TOWING AND STORAGE CHARGES; 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:

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 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."

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I hereby certify that the within bill,

SB 0165, originated in the Senate.

Secretary of the Senate

President of the Senate

Signed this	day

of	, .

Speaker of the House

Signed this	day

of	, .

SENATE BILL NO. 165

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

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