Minnesota Session Laws - 1997, Regular Session

                            CHAPTER 110-S.F.No. 329 
                  An act relating to liens; modifying certain provisions 
                  of the lien for veterinary services; amending 
                  Minnesota Statutes 1996, section 514.92, subdivisions 
                  1, 1a, 2, 3, 4, and 5. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 514.92, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ATTACHMENT.] A licensed veterinarian who 
        performs emergency veterinary services that cost more than $25 
        for animals at the request of the owner or a person in 
        possession of the animals has a lien on the animals for the 
        value of the services.  Emergency veterinary services include 
        emergency surgical procedures, administering vaccines, antisera, 
        and antibiotics, and other veterinary medicines and, treatments 
        .  Veterinary services also include, and services that are 
        performed primarily to protect human health, to prevent the 
        spread of animal diseases, or to preserve the immediate health 
        of an animal of the animal or animals treated.  
           Sec. 2.  Minnesota Statutes 1996, section 514.92, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [FILING AND PERFECTING LIEN.] The veterinarian 
        must file a lien statement in the appropriate filing office for 
        a financing statement covering the animals to be filed under 
        section 336.9-401 by 180 days after the last item of the 
        veterinary services are service is performed.  A lien does not 
        include any veterinary services performed more than one year 
        before the date on which the last item of the veterinary service 
        is performed.  The lien is perfected by properly filing the lien 
        statement.  Notwithstanding section 336.9-402, there is no 
        requirement in filing to give the social security number or the 
        internal revenue service taxpayer identification number of the 
        debtor. 
           Sec. 3.  Minnesota Statutes 1996, section 514.92, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LIEN STATEMENT.] (a) A lien statement must be 
        verified and state: 
           (1) the name of the owner, or reputed owner, of the 
        animals; 
           (2) the name of the person for whom the veterinary services 
        were performed; 
           (3) the kind, number, and reasonable identification of 
        animals treated; 
           (4) the dates when the veterinary services were begun and 
        finished; 
           (5) the fraction of veterinary services performed which 
        that were primarily for the purpose of protecting to protect 
        human health, preventing to prevent the spread of animal 
        diseases, or preserving to preserve the health of the animal or 
        animals treated; 
           (6) the reasonable value of the veterinary services 
        rendered, or the price contracted between the parties; and 
           (7) the name and address of the veterinarian claiming the 
        lien. 
           (b) The provisions of section 514.74 relating to 
        inaccuracies in lien statements apply to lien statements under 
        this subdivision. 
           Sec. 4.  Minnesota Statutes 1996, section 514.92, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ENFORCEMENT OF LIEN.] An action to enforce a 
        perfected lien under this section must be started by one year 
        after the date the last item of the veterinary service was 
        performed.  A perfected lien may be enforced in the manner 
        prescribed for security interests under sections 336.9-501 to 
        336.9-508. 
           Sec. 5.  Minnesota Statutes 1996, section 514.92, 
        subdivision 4, is amended to read: 
           Subd. 4.  [PRIORITY OF LIEN.] (a) A perfected 
        veterinarian's lien under this section has priority over other 
        liens and security interests on the same animals to the extent 
        the veterinary services were performed primarily for the purpose 
        of protecting to protect human health, preventing to prevent the 
        spread of animal diseases, or preserving to preserve the health 
        of the animal or animals treated. 
           (b) A veterinarian's lien has priority over a security 
        interest perfected before the veterinarian's lien only if the 
        security interest is perfected after March 22, 1986. 
           (c) The priority among veterinarian's liens filed under 
        this section is according to the first lien filed. 
           Sec. 6.  Minnesota Statutes 1996, section 514.92, 
        subdivision 5, is amended to read: 
           Subd. 5.  [TERMINATION.] (a) A veterinarian's lien under 
        this section terminates: 
           (1) 180 days after the last item of the veterinarian's 
        services was performed if a proper lien statement is not filed; 
        or 
           (2) one year after the lien is filed if an action to 
        enforce the lien has not been started. 
           (b) A filing officer may remove and destroy terminated lien 
        statements in the same manner as provided for a financing 
        statement under section 336.9-410. 
           Presented to the governor May 7, 1997 
           Signed by the governor May 8, 1997, 10:52 a.m.