HB493INTRODUCED
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HB493
NW5U88T-1
By Representative Robbins
RFD: Financial Services
First Read: 30-Apr-24
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5 NW5U88T-1 04/30/2024 SLU (L)bm 2024-1665
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First Read: 30-Apr-24
SYNOPSIS:
Under existing law, a person who provides labor
or materials to manufacture or repair vehicles or
machines of any kind has a statutory mechanic's lien on
the machine after possession of the machine has been
relinquished to the person for whom the work was
performed, and the mechanic's common law possessory
lien is therefore relinquished.
Under existing law, the statutory lien is
subordinate to any Uniform Commercial Code security
interests perfected prior to the time that the work was
performed.
This bill would specify that a person who
stores, fuels, repairs, or performs maintenance work on
an aircraft has a mechanic's lien on the aircraft,
subordinate to certain security interests under the
Uniform Commercial Code that were perfected before the
storage, fuels, repairs, or maintenance work was
provided.
This bill would authorize the holder of a
statutory mechanics lien on an aircraft to record the
lien by filing with the Federal Aviation Administration
Aircraft Registry pursuant to applicable federal
requirements.
This bill would further authorize the holder of
the lien to record the lien on an aircraft that is not
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the lien to record the lien on an aircraft that is not
registered in any national jurisdiction or that is
registered in a nation other than the United States by
filing with the Alabama Secretary of State subject to
payment of certain fees that the Secretary of State may
require.
A BILL
TO BE ENTITLED
AN ACT
Relating to mechanic's lien on aircraft; to specify
that a person who contributes certain materials, labor, or
other services to an aircraft has a mechanic's lien on the
aircraft; to provide that the lien shall be subordinate to
certain previously perfected security interests; to authorize
the holder of the lien to record the lien with the Federal
Aviation Administration; and to authorize the holder of the
lien to record the lien on certain aircraft with the Alabama
Secretary of State.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) A person who stores, fuels, repairs, or
performs maintenance work on an aircraft has a lien on the
aircraft for either of the following:
(1) The amount due under a contract for the storage,
fuel, repairs, or maintenance work.
(2) If no amount is specified by contract, the
reasonable and usual compensation for the storage, fuel,
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reasonable and usual compensation for the storage, fuel,
repairs, or maintenance work.
(b) This section applies to a contract for storage only
if:
(1) The contract is written; or
(2) The contract is verbal and provides for a storage
period of at least 30 days.
(c) The lien shall be subordinate to any security
interest in the aircraft under the Uniform Commercial Code,
which security interest was perfected prior to the time the
storage, fuel, repairs, or maintenance work was provided,
unless the secured party holding the security interest
authorized the holder of the lien to provide the storage,
fuel, repairs, or maintenance work.
(d) A holder of a lien under this section may record
the lien on the aircraft by filing with the Federal Aviation
Administration Aircraft Registry not later than the 180th day
after the date of the completion of the contractual storage
period or the performance of the last repair or maintenance a
verified document in the form and manner required by
applicable federal laws and regulations that states all of the
following:
(1) The name, address, and telephone number of the
holder of the lien under this section.
(2) The amount due for storage, fuel, repairs, or
maintenance work.
(3) A complete description of the aircraft.
(4) The name and address of the owner of the aircraft
and the number assigned the aircraft by the Federal Aviation
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and the number assigned the aircraft by the Federal Aviation
Administration, if known.
(e) A holder of a lien under this section on an
aircraft that is registered in a nation other than the United
States or that is not registered in any national jurisdiction,
may record the lien on the aircraft by filing with the
Secretary of State not later than the 180th day after the date
of the completion of the contractual storage period or the
performance of the last repair, fueling, or maintenance an
affidavit that states all of the following:
(1) The name, address, and telephone number of the
holder of the lien under this section.
(2) The amount due for storage, repairs, fuel, or
maintenance.
(3) A complete description of the aircraft.
(4) a. The name and last known address of the owner of
the aircraft and the number assigned the aircraft by the
applicable jurisdiction, if known.
b. An inaccurate address stated under this subdivision
does not invalidate the affidavit.
(5) The Secretary of State shall maintain a record of
information filed with the Secretary of State under this
section and index the records in the name of the owner of the
aircraft.
(6) The Secretary of State may establish certain fees
payable by the holder of the lien for filing the information
with the Secretary of State under this section.
Section 2. This act shall become effective on October
1, 2024.
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