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HOUSE BILL NO. 329
INTRODUCED BY C. CLARK
A BILL FOR AN ACT ENTITLED: "AN ACT CREATING AN EXCEPTION TO THE LIABILITY PROVISIONS OF AN OWNER OF A VICIOUS DOG FOR OWNERS OF LIVESTOCK PROTECTION DOGS; AMENDING SECTION 27-1-715, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 27-1-715, MCA, is amended to read:
"27-1-715. Liability of owner of vicious dog -- exception. (1) The Except as provided in subsection (2), the owner of a dog that without provocation bites a person while the person is on or in a public place or lawfully on or in a private place, including the property of the owner of the dog, located within an incorporated city or town is liable for damages that may be suffered by the person bitten regardless of the former viciousness of the dog or the owner's knowledge of the viciousness.
(2) (a) The liability provisions of subsection (1) do not apply to an owner of a livestock protection dog if:
(i) the person bitten is unlawfully on private property;
(ii) the property of an owner of a livestock protection dog is clearly and conspicuously marked with one or more posted signs stating "beware of dog" or "livestock protection dog present and working"; or
(iii) the livestock protection dog is working under the control of or on the property of the owner.
(b) A person asserting liability pursuant to this section, has the burden of establishing that a dog is not a livestock protection dog.
(2)(3) (a) A person is lawfully upon the private property of the owner within the meaning of this section when the person is on the property in the performance of any duty imposed upon the person by the laws of this state or by the laws or postal regulations of the United States of America or when the person is on the property as an invitee or licensee of the person lawfully in possession of the property.
(b) For purposes of this section, "livestock protection dog" means a dog working as a herding dog, a farm or ranch dog, or a predator control dog."
NEW SECTION. Section 2. Effective date. [This act] is effective on passage and approval.
NEW SECTION. Section 3. Applicability. [This act] applies to proceedings begun on or after [the effective date of this act].
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Latest Version of HB
329 (HB0329.01)
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