HOUSE BILL NO. 246
INTRODUCED BY K. BALES, ANDERSEN, BARRETT, BECK, BUTCHER, CLANCY, E. CLARK, COLE, CURTISS, DALE, DAVIES, DEVLIN, EKEGREN, ELLIS, ESP, HEDGES, R. HOLDEN, JAYNE, KASTEN, LAIBLE, LENHART, MCCANN, NELSON, OLSON, A. PETERSON, PATTISON, PRICE, RICE, RIPLEY, ROME, SCHRUMPF, STEINBEISSER, STORY, TASH, TESTER, B. THOMAS, TROPILA, WAITSCHIES, WANZENRIED, WITT, WOLERY
AN ACT CLARIFYING THAT A PERSON OWNING, CONTROLLING, OR IN POSSESSION OF LIVESTOCK OR A PERSON WHO OWNS PROPERTY DOES NOT HAVE A DUTY TO PREVENT LIVESTOCK FROM WANDERING ON HIGHWAYS; PROVIDING THAT A PERSON OWNING, CONTROLLING, OR IN POSSESSION OF LIVESTOCK OR A PERSON OWNING PROPERTY IS NOT SUBJECT TO LIABILITY FOR DAMAGES OR INJURY CAUSED BY AN ACCIDENT INVOLVING A MOTOR VEHICLE AND LIVESTOCK UNLESS THE OWNER OF THE LIVESTOCK OR PROPERTY WAS GROSSLY NEGLIGENT OR ENGAGED IN INTENTIONAL MISCONDUCT; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Limits on liability of livestock owner or property owner in accidents involving motor vehicles and livestock. (1) Except as provided in Title 60, chapter 7, part 2, for the highways referred to in 60-7-201, a person owning, controlling, or in possession of livestock or a person owning property has no duty to keep livestock from wandering on highways and is not subject to liability for damages to any property or for injury to a person caused by an accident involving a motor vehicle and livestock unless the owner of the livestock or property was grossly negligent or engaged in intentional misconduct.
(2) As used in this section, the following definitions apply:
(a) "Highway" has the meaning provided in 60-1-103(19);
(b) "Livestock" has the meaning provided in 15-1-101; and
(c) "Person" means an individual, partnership, corporation, limited liability company, limited liability partnership, or association.
Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 27, chapter 1, part 7, and the provisions of Title 27, chapter 1, part 7, apply to [section 1].
Section 3. Effective date. [This act] is effective on passage and approval.
Section 4. Applicability. [This act] applies to accidents involving livestock and motor vehicles on or after [the effective date of this act].
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Latest Version of HB 246 (HB0246.ENR)
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