Key: (1) language to be deleted (2) new language
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 includeemergencysurgical procedures, administering vaccines, antisera, and antibiotics, and other veterinary medicinesand, 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 theimmediatehealthof an animalof 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 veterinaryservices areservice 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 performedwhichthat were primarilyfor the purpose of protectingto protect human health,preventingto prevent the spread of animal diseases, orpreservingto 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 primarilyfor the purposeof protectingto protect human health,preventingto prevent the spread of animal diseases, orpreservingto 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.
Official Publication of the State of Minnesota
Revisor of Statutes