HOUSE BILL NO. 419

By Representatives Rhinehart, Bowers, Hassell, Givens, Halteman Harwell, Whitson, Clabough, Head, Phelan, Wood

Substituted for: Senate Bill No. 374

By Senator Rochelle

AN ACT to amend Tennessee Code Annotated, Section 66-14-102 and Section 66-19-103, relative to enforcement of liens.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Section 66-19-103(a), is amended in the second sentence by deleting the following symbols and numbers "§§ 66-14-103" and substituting in lieu thereof the following symbols and numbers "§§ 66-14-102".

SECTION 2. Tennessee Code Annotated, Section 66-14-102, is amended by designating the existing language of the section as subsection (a).

SECTION 3. Tennessee Code Annotated, Section 66-14-102, is amended by adding the following new subsection (b):

(b) Artisans, other than entities licensed and regulated pursuant to Tennessee Code Annotated, Title 55, Chapter 17, shall make reasonable inquiry to identify parties claiming an interest in the goods and shall give written notice to said parties as provided in subsection (a).

SECTION 4. Tennessee Code Annotated, Section 66-14-102, is amended by adding the following new subsection (c):

(c) In the event the goods are motor vehicles or other goods requiring certificates of title pursuant to Title 55, "reasonable inquiry" as required by subsection (b) shall be satisfied by an inquiry of the title and registration division of the Department of Safety or a County Clerk as agent for the division to determine the interest of all title owners and all lienholders.

SECTION 5. Tennessee Code Annotated, Section 66-19-103(a), is amended by adding the following sentence:

If a motor vehicle is clearly identified as the property of a motor vehicle rental company and if such vehicle lawfully comes into the possession of a garagekeeper, the garagekeeper must so notify the rental company within twenty-four (24) hours of taking possession of such vehicle.

SECTION 6. This act shall take effect upon becoming a law, the public welfare requiring it.