HOUSE BILL NO. 541
INTRODUCED BY M. WOLERY
A BILL FOR AN ACT ENTITLED: "AN ACT CLARIFYING CERTAIN PROVISIONS APPLICABLE TO CROP OR GRAIN LIENS BY REMOVING REFERENCES TO CROP DUSTING AND SPRAYING; AMENDING SECTIONS 71-3-901, 71-3-902, AND 71-3-905, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 71-3-901, MCA, is amended to read:
"71-3-901. Who may have lien -- amount. A Upon complying with the provisions of this part, a person, firm,
corporation, or partnership that under contract, express or implied, performs labor or services or furnishes material in crop
dusting or spraying grains or crops, whether by aerial or ground application, for the purpose of fertilization or weed,
disease, or insect control for promoting the growth of the grains or crops has a lien upon all grains or crops dusted or
sprayed for and on account of for which the labor or service is performed and or material furnished, upon complying with
the provisions of this part. A lien may not exceed the prevailing price charged in the particular locality in which the grain or
crops are sprayed or dusted labor or services are performed or the materials are furnished."
Section 2. Section 71-3-902, MCA, is amended to read:
"71-3-902. How lien obtained. (1) A person, firm, corporation, or partnership that is entitled to a lien under this part
shall, within 90 days after the last labor or service was performed or material furnished in crop dusting or spraying grains or
crops, file in the office of the secretary of state a statement of agricultural lien as provided in 71-3-125.
(2) A person, firm, corporation, or partnership that is entitled to a lien and that intends to file a lien under this part shall give notice, by certified mail, of intent to file to the person, firm, corporation, or partnership for which labor or service was performed or materials furnished."
Section 3. Section 71-3-905, MCA, is amended to read:
"71-3-905. Who considered owners. Every Any person, including guardians or minors, and any company, firm,
association, or corporation for whose use or benefit services, labor, or materials are provided with regard to the grain or
other crops mentioned herein in this part are dusted or sprayed or the services or labor performed or material furnished is
deemed considered the owner thereof of the grain or crops for the purposes herein mentioned of this part."
NEW SECTION. Section 4. Effective date. [This act] is effective on passage and approval.
- END -
Latest Version of HB 541 (HB0541.01)
Processed for the Web on February 10, 2001 (11:43AM)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted. See the status of this bill for the bill's primary sponsor.
Status of this Bill | 2001 Legislature | Leg. Branch Home
All versions of this bill (PDF Format)
Authorized print version w/line numbers (PDF format)
(406)444-3064