AN ACT CLARIFYING THE PLACE OF TRIAL FOR AN ACTION AGAINST A COUNTY; AND AMENDING SECTION 25-2-126, MCA.

WHEREAS, in Wentz v. Montana Power Co., 280 Mont. 14, 928 P.2d 237, 53 St. Rep. 1277 (1996), the Montana Supreme Court held that section 25-2-126(2), MCA, is superseded by section 25-2-126(3), MCA.

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

Section 1. Section 25-2-126, MCA, is amended to read:

"25-2-126. Against state and political subdivisions. (1) The proper place of trial for an action against the state is in the county in which the claim arose or in Lewis and Clark County. In an action brought by a resident of the state, the county of the plaintiff's residence is also a proper place of trial.

(2) The proper place of trial for an action against a political subdivision is in the county in which the claim arose or in any county where the political subdivision is located."

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I hereby certify that the within bill,

SB 0230, 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. 230

INTRODUCED BY D. GRIMES

BY REQUEST OF THE SENATE JUDICIARY STANDING COMMITTEE

AN ACT CLARIFYING THE PLACE OF TRIAL FOR AN ACTION AGAINST A COUNTY; AND AMENDING SECTION 25-2-126, MCA.