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S1083aa.....................................by COMMERCE AND HUMAN RESOURCES AIRCRAFT LIENS - Adds to existing law to provide for aircraft improvement liens; to provide for the duration of the lien; to define "owner"; to provide for claim of lien; to provide for sale of the aircraft; to provide for priority of aircraft improvement liens; to provide for release and discharge of the lien; to provide for joinder of actions; and to provide for filing fees as costs and attorney's fees. 02/07 Senate intro - 1st rdg - to printing 02/08 Rpt prt - to Com/HuRes 02/22 Rpt out - to 14th Ord Rpt out amen - to engros 02/23 Rpt engros - 1st rdg - to 2nd rdg as amen 02/26 2nd rdg - to 3rd rdg as amen 03/05 3rd rdg as amen - PASSED - 34-0-1 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams, NAYS -- None Absent and excused -- Keough Floor Sponsor -- Dunklin Title apvd - to House 03/06 House intro - 1st rdg - to Bus
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1083 BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO MISCELLANEOUS LIENS; AMENDING CHAPTER 8, TITLE 45, IDAHO CODE, BY 3 THE ADDITION OF A NEW SECTION 45-806A, IDAHO CODE, TO PROVIDE FOR THE 4 RECORDING OF AIRCRAFT LIENS WITH THE FEDERAL AVIATION ADMINISTRATION, TO 5 REQUIRE CERTAIN CONTENT FOR LIENS AND TO PROVIDE A TIME LIMIT FOR RECORD- 6 ING LIENS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Chapter 8, Title 45, Idaho Code, be, and the same is 9 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 10 ignated as Section 45-806A, Idaho Code, and to read as follows: 11 45-806A. RECORDING AIRCRAFT LIEN. (1) A person, firm or corporation who 12 has a lien on an aircraft pursuant to section 45-806, Idaho Code, may record 13 the lien with the federal aviation administration pursuant to the regulations 14 of the federal aviation administration. 15 (2) A lien recorded with the federal aviation administration must include 16 the following: 17 (a) The name of the lienholder; 18 (b) The name of the owner or reputed owner of the aircraft; 19 (c) A description of the aircraft including the make and model, 20 manufacturer's serial number and United States registration number; 21 (d) The amount claimed to be due; 22 (e) The date the labor or services giving rise to the lien was completed; 23 (f) The signature of the lienholder or the lienholder's attorney; and 24 (g) Verification by the lienholder or by someone on behalf of the lien- 25 holder who has personal knowledge of the facts. 26 (3) The lien must be recorded within ninety (90) days after the comple- 27 tion of the labor or services giving rise to the lien.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001Moved by Dunklin Seconded by Davis IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1083 1 AMENDMENT TO THE BILL 2 On page 1 of the printed bill, delete lines 8 through 27 and insert: 3 "SECTION 1. That Title 45, Idaho Code, be, and the same is hereby amended 4 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 5 ter 11, Title 45, Idaho Code, and to read as follows: 6 CHAPTER 11 7 AIRCRAFT IMPROVEMENT LIENS 8 45-1101. AIRCRAFT IMPROVEMENT LIENS -- DURATION OF LIEN -- "OWNER" 9 DEFINED. (1) A person who alters, repairs or otherwise labors upon or fur- 10 nishes materials for an aircraft at the request of the owner of the aircraft 11 has a lien on such aircraft for the contract price of the labor performed and 12 materials furnished or, in the absence of a contract price, for the reasonable 13 value of such labor or materials, and may keep possession of the aircraft 14 until such charges are paid. 15 (2) A lien recorded pursuant to the provisions of this chapter shall bind 16 an aircraft for a period of not more than ninety (90) days after the lien is 17 recorded or, if credit is given, within ninety (90) days after the expiration 18 of such credit. 19 (3) A lien shall not be effective for more than one (1) year following 20 the completion or cessation of services, notwithstanding any agreement of the 21 parties. 22 (4) For purposes of this chapter, an "owner" of an aircraft means: 23 (a) A person in possession of the aircraft under an agreement to purchase 24 such aircraft, regardless of whether the person or the vendor holds title 25 to the aircraft; and 26 (b) A person in lawful possession of the aircraft. 27 45-1102. CLAIM OF LIEN. (1) Before return of the aircraft to the owner, 28 and not more than ninety (90) days after the completion or cessation of any 29 labor performed or materials furnished, the lien claimant shall record a lien 30 claim with the federal aviation administration as a conveyance affecting title 31 to the aircraft. 32 (2) The claim provided in subsection (1) of this section shall state: 33 (a) The name of the claimant; 34 (b) The name of the owner; 35 (c) The make and model of the aircraft, the manufacturer's serial number, 36 the United States registration number or other details which sufficiently 37 identify the aircraft; 38 (d) The amount for which the lien is claimed; 39 (e) The date upon which the labor was completed or ceased or the mate- 40 rials were furnished; and 41 (f) Any other requirements for recording promulgated by the federal avia- 2 1 tion administration. 2 (3) The claim shall be signed by the claimant or the claimant's agent or 3 attorney. The claim does not need to be verified, and signatures of represen- 4 tatives of the claimant's company do not need to be acknowledged before a 5 notary. 6 (4) The claim shall be submitted to the federal aviation administration 7 in a form prescribed by, or acceptable to, the administrator of the federal 8 aviation administration and shall be substantially in the following form: 9 ........................................................Claimant 10 v. 11 .......................................................Defendant 12 Notice is hereby given that ................. claims a lien upon 13 the aircraft described as: 14 Make:...................................................... 15 Model:..................................................... 16 Serial number:............................................. 17 U.S. registration number:.................................. 18 Owner or reputed owner:.................................... 19 Date service began:........................................ 20 Date service terminated:................................... 21 Amount claimed:............................................ 22 Amount already paid:....................................... 23 Amount due under claim of lien for labor and materials 24 expended:.................................................. 25 45-1103. SALE OF AIRCRAFT -- NOTICE. (1) If the charges for the labor 26 performed and materials furnished as specified in section 45-1101, Idaho Code, 27 are not paid within three (3) months after the labor is performed or materials 28 are furnished, the person having the lien may sell the aircraft at a public 29 auction and may apply the proceeds of such sale in the following manner: 30 (a) To the payment of the expenses of the sale; 31 (b) To the discharge of the lien; and 32 (c) The balance of the proceeds to the owner of the aircraft. 33 (2) The sale shall be held in the county in which the aircraft is deliv- 34 ered for alteration or repair. 35 (3) Before the sale as provided in this section is made, notice of the 36 sale shall be given to the debtor by registered letter directed to the 37 debtor's last known address and also by posting a notice of the sale in three 38 (3) public places in the applicable county, one (1) of which shall be at or 39 near the front door of the post office nearest the place of the sale, for ten 40 (10) days prior to the day of the sale. The notice shall contain a particular 41 description of the aircraft to be sold, the name of the owner of the aircraft, 42 the amount due on the aircraft lien for labor and materials, and the time and 43 place of the sale. 44 45-1104. PRIORITY OF LIEN. (1) An aircraft improvement lien, when 45 recorded in accordance with the provisions of section 45-1102, Idaho Code, 46 shall take priority over any security interest in the aircraft which is 47 recorded with the federal aviation administration prior to the date of the 48 provision of labor or materials, provided that the person who makes, alters or 49 repairs the aircraft, at least three (3) days before providing such services, 50 gives notice of the intention to provide such services by registered mail to 51 any holder of a security interest which has been recorded with the federal 52 aviation administration. If such holder of a security interest does not, 53 within three (3) days before the intended provision of services, give written 3 1 notice to the person not to perform such services, the person may provide such 2 services and the lien provided herein attaches to the aircraft. 3 (2) In every case in which more than one (1) lien is asserted against an 4 aircraft, the court shall rank each lien or class of liens in the following 5 order: 6 (a) Security interests recorded prior to the performance of labor or fur- 7 nishing of materials if the secured party has, within the three (3) day 8 notice period provided in this section, instructed a provider of services 9 not to provide such services; 10 (b) Liens obtained pursuant to this chapter; 11 (c) Security interests recorded prior to the performance of labor or fur- 12 nishing of materials where the secured party has not, within the three (3) 13 day notice period provided in this section, instructed a provider of ser- 14 vices not to provide such services; 15 (d) Security interests or liens recorded or arising after a provider of 16 services under this chapter has begun provision of such services. 17 45-1105. RELEASE OR DISCHARGE OF LIEN. (1) A lien under this chapter may 18 be released and discharged by the lien claimant or the lien claimant's agent 19 by filing a release of lien with the federal aviation administration in a form 20 provided by, or acceptable to, the administrator of the federal aviation 21 administration. 22 (2) A lien claimant shall discharge any lien filed pursuant to this chap- 23 ter within fifteen (15) days of satisfaction of the lien. 24 45-1106. JOINDER OF ACTIONS -- FILING FEES AS COSTS -- ATTORNEY'S FEES. 25 Any number of persons claiming liens against the same aircraft may join in the 26 same action, and when separate actions are commenced the court may consolidate 27 them. The court shall also allow as part of the costs the moneys paid for fil- 28 ing and recording the claim, and reasonable attorney's fees.". 29 CORRECTION TO TITLE 30 On page 1, delete lines 2 through 6 and insert: "RELATING TO AIRCRAFT 31 IMPROVEMENT LIENS; AMENDING TITLE 45, IDAHO CODE, BY THE ADDITION OF A NEW 32 CHAPTER 11, TITLE 45, IDAHO CODE, TO PROVIDE FOR AIRCRAFT IMPROVEMENT LIENS, 33 TO PROVIDE FOR DURATION OF LIEN AND TO DEFINE THE TERM "OWNER," TO PROVIDE FOR 34 CLAIM OF LIEN, TO PROVIDE FOR SALE OF AIRCRAFT AND TO PROVIDE FOR NOTICE OF 35 SALE, TO PROVIDE FOR PRIORITY OF AIRCRAFT IMPROVEMENT LIENS, TO PROVIDE FOR 36 RELEASE AND DISCHARGE OF LIEN, TO PROVIDE FOR JOINDER OF ACTIONS AND TO PRO- 37 VIDE FOR FILING FEES AS COSTS AND ATTORNEY'S FEES.".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1083, As Amended BY COMMERCE AND HUMAN RESOURCES COMMITTEE 1 AN ACT 2 RELATING TO AIRCRAFT IMPROVEMENT LIENS; AMENDING TITLE 45, IDAHO CODE, BY THE 3 ADDITION OF A NEW CHAPTER 11, TITLE 45, IDAHO CODE, TO PROVIDE FOR AIR- 4 CRAFT IMPROVEMENT LIENS, TO PROVIDE FOR DURATION OF LIEN AND TO DEFINE THE 5 TERM "OWNER," TO PROVIDE FOR CLAIM OF LIEN, TO PROVIDE FOR SALE OF AIR- 6 CRAFT AND TO PROVIDE FOR NOTICE OF SALE, TO PROVIDE FOR PRIORITY OF AIR- 7 CRAFT IMPROVEMENT LIENS, TO PROVIDE FOR RELEASE AND DISCHARGE OF LIEN, TO 8 PROVIDE FOR JOINDER OF ACTIONS AND TO PROVIDE FOR FILING FEES AS COSTS AND 9 ATTORNEY'S FEES. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Title 45, Idaho Code, be, and the same is hereby amended 12 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 13 ter 11, Title 45, Idaho Code, and to read as follows: 14 CHAPTER 11 15 AIRCRAFT IMPROVEMENT LIENS 16 45-1101. AIRCRAFT IMPROVEMENT LIENS -- DURATION OF LIEN -- "OWNER" 17 DEFINED. (1) A person who alters, repairs or otherwise labors upon or fur- 18 nishes materials for an aircraft at the request of the owner of the aircraft 19 has a lien on such aircraft for the contract price of the labor performed and 20 materials furnished or, in the absence of a contract price, for the reasonable 21 value of such labor or materials, and may keep possession of the aircraft 22 until such charges are paid. 23 (2) A lien recorded pursuant to the provisions of this chapter shall bind 24 an aircraft for a period of not more than ninety (90) days after the lien is 25 recorded or, if credit is given, within ninety (90) days after the expiration 26 of such credit. 27 (3) A lien shall not be effective for more than one (1) year following 28 the completion or cessation of services, notwithstanding any agreement of the 29 parties. 30 (4) For purposes of this chapter, an "owner" of an aircraft means: 31 (a) A person in possession of the aircraft under an agreement to purchase 32 such aircraft, regardless of whether the person or the vendor holds title 33 to the aircraft; and 34 (b) A person in lawful possession of the aircraft. 35 45-1102. CLAIM OF LIEN. (1) Before return of the aircraft to the owner, 36 and not more than ninety (90) days after the completion or cessation of any 37 labor performed or materials furnished, the lien claimant shall record a lien 38 claim with the federal aviation administration as a conveyance affecting title 39 to the aircraft. 40 (2) The claim provided in subsection (1) of this section shall state: 41 (a) The name of the claimant; 2 1 (b) The name of the owner; 2 (c) The make and model of the aircraft, the manufacturer's serial number, 3 the United States registration number or other details which sufficiently 4 identify the aircraft; 5 (d) The amount for which the lien is claimed; 6 (e) The date upon which the labor was completed or ceased or the mate- 7 rials were furnished; and 8 (f) Any other requirements for recording promulgated by the federal avia- 9 tion administration. 10 (3) The claim shall be signed by the claimant or the claimant's agent or 11 attorney. The claim does not need to be verified, and signatures of represen- 12 tatives of the claimant's company do not need to be acknowledged before a 13 notary. 14 (4) The claim shall be submitted to the federal aviation administration 15 in a form prescribed by, or acceptable to, the administrator of the federal 16 aviation administration and shall be substantially in the following form: 17 ........................................................Claimant 18 v. 19 .......................................................Defendant 20 Notice is hereby given that ................. claims a lien upon 21 the aircraft described as: 22 Make:...................................................... 23 Model:..................................................... 24 Serial number:............................................. 25 U.S. registration number:.................................. 26 Owner or reputed owner:.................................... 27 Date service began:........................................ 28 Date service terminated:................................... 29 Amount claimed:............................................ 30 Amount already paid:....................................... 31 Amount due under claim of lien for labor and materials 32 expended:.................................................. 33 45-1103. SALE OF AIRCRAFT -- NOTICE. (1) If the charges for the labor 34 performed and materials furnished as specified in section 45-1101, Idaho Code, 35 are not paid within three (3) months after the labor is performed or materials 36 are furnished, the person having the lien may sell the aircraft at a public 37 auction and may apply the proceeds of such sale in the following manner: 38 (a) To the payment of the expenses of the sale; 39 (b) To the discharge of the lien; and 40 (c) The balance of the proceeds to the owner of the aircraft. 41 (2) The sale shall be held in the county in which the aircraft is deliv- 42 ered for alteration or repair. 43 (3) Before the sale as provided in this section is made, notice of the 44 sale shall be given to the debtor by registered letter directed to the 45 debtor's last known address and also by posting a notice of the sale in three 46 (3) public places in the applicable county, one (1) of which shall be at or 47 near the front door of the post office nearest the place of the sale, for ten 48 (10) days prior to the day of the sale. The notice shall contain a particular 49 description of the aircraft to be sold, the name of the owner of the aircraft, 50 the amount due on the aircraft lien for labor and materials, and the time and 51 place of the sale. 52 45-1104. PRIORITY OF LIEN. (1) An aircraft improvement lien, when 53 recorded in accordance with the provisions of section 45-1102, Idaho Code, 3 1 shall take priority over any security interest in the aircraft which is 2 recorded with the federal aviation administration prior to the date of the 3 provision of labor or materials, provided that the person who makes, alters or 4 repairs the aircraft, at least three (3) days before providing such services, 5 gives notice of the intention to provide such services by registered mail to 6 any holder of a security interest which has been recorded with the federal 7 aviation administration. If such holder of a security interest does not, 8 within three (3) days before the intended provision of services, give written 9 notice to the person not to perform such services, the person may provide such 10 services and the lien provided herein attaches to the aircraft. 11 (2) In every case in which more than one (1) lien is asserted against an 12 aircraft, the court shall rank each lien or class of liens in the following 13 order: 14 (a) Security interests recorded prior to the performance of labor or fur- 15 nishing of materials if the secured party has, within the three (3) day 16 notice period provided in this section, instructed a provider of services 17 not to provide such services; 18 (b) Liens obtained pursuant to this chapter; 19 (c) Security interests recorded prior to the performance of labor or fur- 20 nishing of materials where the secured party has not, within the three (3) 21 day notice period provided in this section, instructed a provider of ser- 22 vices not to provide such services; 23 (d) Security interests or liens recorded or arising after a provider of 24 services under this chapter has begun provision of such services. 25 45-1105. RELEASE OR DISCHARGE OF LIEN. (1) A lien under this chapter may 26 be released and discharged by the lien claimant or the lien claimant's agent 27 by filing a release of lien with the federal aviation administration in a form 28 provided by, or acceptable to, the administrator of the federal aviation 29 administration. 30 (2) A lien claimant shall discharge any lien filed pursuant to this chap- 31 ter within fifteen (15) days of satisfaction of the lien. 32 45-1106. JOINDER OF ACTIONS -- FILING FEES AS COSTS -- ATTORNEY'S FEES. 33 Any number of persons claiming liens against the same aircraft may join in the 34 same action, and when separate actions are commenced the court may consolidate 35 them. The court shall also allow as part of the costs the moneys paid for fil- 36 ing and recording the claim, and reasonable attorney's fees.
STATEMENT OF PURPOSE RS 10720 This bill is designed to provide needed protection for Idaho companies involved in aircraft maintenance and repair. Under current federal law, artisan s (or mechanic s) liens for repairs and maintenance performed on aircraft cannot be filed with the Federal Aviation Agency (FAA) central registry unless the state law creating those liens contains certain simple elements to ensure uniform and nondiscriminatory standards nationwide. For example, the FAA wants state law to require such items as the time within which a claim must be recorded, who may sign the claim, where it is to be filed, etc. Currently, Idaho law does not contain those elements. By amending Idaho s code, Idaho companies could take advantage of a powerful method of ensuring proper payment for their services. FISCAL IMPACT This bill has no fiscal impact on the State of Idaho, state recording office or county. All FAA filings will be made in Oklahoma. Contact Name: Charles Herrington, Herrington Law Offices Phone: 422 0187 Sen. Betsy Dunklin STATEMENT OF PURPOSE/FISCAL NOTE S 108