HF 1381

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to liens; modifying certain provisions of the 
  1.3             lien for veterinary services; amending Minnesota 
  1.4             Statutes 1996, section 514.92, subdivisions 1, 1a, 2, 
  1.5             3, 4, and 5. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 514.92, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [ATTACHMENT.] A licensed veterinarian who 
  1.10  performs emergency veterinary services that cost more than $25 
  1.11  for animals at the request of the owner or a person in 
  1.12  possession of the animals has a lien on the animals for the 
  1.13  value of the services.  Emergency veterinary services include 
  1.14  emergency surgical procedures, administering vaccines, antisera, 
  1.15  and antibiotics, and other veterinary medicines and, treatments. 
  1.16  Veterinary services also include, and services that are 
  1.17  performed primarily to protect human health, to prevent the 
  1.18  spread of animal diseases, or to preserve the immediate health 
  1.19  of an the animal or animals treated.  
  1.20     Sec. 2.  Minnesota Statutes 1996, section 514.92, 
  1.21  subdivision 1a, is amended to read: 
  1.22     Subd. 1a.  [FILING AND PERFECTING LIEN.] The veterinarian 
  1.23  must file a lien statement in the appropriate filing office for 
  1.24  a financing statement covering the animals to be filed under 
  1.25  section 336.9-401 by 180 days after the last item of the 
  2.1   veterinary services are service is performed.  A lien does not 
  2.2   include any veterinary services performed more than one year 
  2.3   before the date on which the last item of the veterinary service 
  2.4   is performed.  The lien is perfected by properly filing the lien 
  2.5   statement. 
  2.6      Sec. 3.  Minnesota Statutes 1996, section 514.92, 
  2.7   subdivision 2, is amended to read: 
  2.8      Subd. 2.  [LIEN STATEMENT.] (a) A lien statement must be 
  2.9   verified and state: 
  2.10     (1) the name of the owner, or reputed owner, of the 
  2.11  animals; 
  2.12     (2) the name of the person for whom the veterinary services 
  2.13  were performed; 
  2.14     (3) the kind, number, and reasonable identification of 
  2.15  animals treated; 
  2.16     (4) the dates when the veterinary services were begun and 
  2.17  finished; 
  2.18     (5) the fraction of veterinary services performed which 
  2.19  that were primarily for the purpose of protecting to protect 
  2.20  human health, preventing to prevent the spread of animal 
  2.21  diseases, or preserving to preserve the health of the animal or 
  2.22  animals treated; 
  2.23     (6) the reasonable value of the veterinary services 
  2.24  rendered, or the price contracted between the parties; and 
  2.25     (7) the name and address of the veterinarian claiming the 
  2.26  lien. 
  2.27     (b) The provisions of section 514.74 relating to 
  2.28  inaccuracies in lien statements apply to lien statements under 
  2.29  this subdivision. 
  2.30     Sec. 4.  Minnesota Statutes 1996, section 514.92, 
  2.31  subdivision 3, is amended to read: 
  2.32     Subd. 3.  [ENFORCEMENT OF LIEN.] An action to enforce a 
  2.33  perfected lien under this section must be started by one year 
  2.34  after the date the last item of the veterinary service was 
  2.35  performed.  A perfected lien may be enforced in the manner 
  2.36  prescribed for security interests under sections 336.9-501 to 
  3.1   336.9-508. 
  3.2      Sec. 5.  Minnesota Statutes 1996, section 514.92, 
  3.3   subdivision 4, is amended to read: 
  3.4      Subd. 4.  [PRIORITY OF LIEN.] (a) A perfected 
  3.5   veterinarian's lien under this section has priority over other 
  3.6   liens and security interests on the same animals to the extent 
  3.7   the veterinary services were performed primarily for the purpose 
  3.8   of protecting to protect human health, preventing to prevent the 
  3.9   spread of animal diseases, or preserving to preserve the health 
  3.10  of the animal or animals treated. 
  3.11     (b) A veterinarian's lien has priority over a security 
  3.12  interest perfected before the veterinarian's lien only if the 
  3.13  security interest is perfected after March 22, 1986. 
  3.14     (c) The priority among veterinarian's liens filed under 
  3.15  this section is according to the first lien filed. 
  3.16     Sec. 6.  Minnesota Statutes 1996, section 514.92, 
  3.17  subdivision 5, is amended to read: 
  3.18     Subd. 5.  [TERMINATION.] (a) A veterinarian's lien under 
  3.19  this section terminates: 
  3.20     (1) 180 days after the last item of the veterinarian's 
  3.21  services was performed if a proper lien statement is not filed; 
  3.22  or 
  3.23     (2) one year after the lien is filed if an action to 
  3.24  enforce the lien has not been started. 
  3.25     (b) A filing officer may remove and destroy terminated lien 
  3.26  statements in the same manner as provided for a financing 
  3.27  statement under section 336.9-410.