Utah 2025 Regular Session

Utah Senate Bill SB0238 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy S.B. 238
	1	+	02-14 19:05 1st Sub. (Green) S.B. 238
	2	+	Chris H. Wilson proposes the following substitute bill:
2	3		1
3	4		Abandoned Aircraft Amendments
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Chris H. Wilson
7		-	House Sponsor: ~~Casey Snider~~
	8	+	House Sponsor:
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill amends provisions related to abandoned aircraft and requirements of notification
16	17		6
17	18		before an airport operator may take possession of the aircraft.
18	19		7
19	20		Highlighted Provisions:
20	21		8
21	22		This bill:
22	23		9
23	24		▸ amends the definition of "abandoned aircraft";
24	25		10
25	26		▸ amends the notification requirements of an airport operator to notify the owner of an
26	27		11
27	28		abandoned aircraft before the airport operator may take possession of an abandoned
28	29		12
29	30		aircraft; and
30	31		13
31	32		▸ makes technical changes.
32	33		14
33	34		Money Appropriated in this Bill:
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35	36		None
36	37		16
37	38		Other Special Clauses:
38	39		17
39	40		None
40	41		18
41	42		Utah Code Sections Affected:
42	43		19
43	44		AMENDS:
44	45		20
45	46		72-10-205.5, as last amended by Laws of Utah 2024, Chapter 517
46	47		21
47	48
48	49		22
49	50		Be it enacted by the Legislature of the state of Utah:
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51	52		Section 1. Section 72-10-205.5 is amended to read:
52	53		24
53	54		72-10-205.5 . Abandoned aircraft on airport property -- Seizure and disposal.
54	55		25
55	56		(1)[(a)] As used in this section, "abandoned aircraft" means an aircraft that:
56	57		26
57	58		[(i)] (a)(i) remains in an idle state on airport property for 45 consecutive calendar days;
58	59		27
59	60		(ii) is in a wrecked, inoperative, derelict, or partially dismantled condition; [and]
60	61		28
61		-	(iii) is not in the process of an insurance claim or inspection by the National ~~S.B. 238 Enrolled Copy~~
	62	+	(iii) is not in the process of an insurance claim or inspection by the National
62	63		29
63	64		Transportation Safety Board; and
	65	+	1st Sub. S.B. 238 1st Sub. (Green) S.B. 238 02-14 19:05
64	66		30
65	67		[(iii)] (iv) is not in the process of actively being repaired[.] ;
66	68		31
67	69		(b)(i) is not subject to a lease or other storage agreement with the airport operator;
68	70		32
69	71		(ii) has remained on airport property for 180 days without being operated; and
70	72		33
71	73		(iii) has accrued unpaid airport charges during that period; or
72	74		34
73	75		(c)(i) is subject to an agreement with the airport operator to lease space on airport
74	76		35
75	77		property;
76	78		36
77	79		(ii) for which the owner has been notified of the termination of the lease agreement;
78	80		37
79	81		and
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81	83		(iii) which has remained on airport property for 120 days after being notified of the
82	84		39
83	85		termination of the lease agreement.
84	86		40
85	87		[(b) "Abandoned aircraft" does not include an aircraft:]
86	88		41
87	89		[(i)(A) that has current FAA registration; and]
88	90		42
89	91		[(B) that has current state registration; or]
90	92		43
91	93		[(ii) for which evidence is shown indicating repairs are in process, including:]
92	94		44
93	95		[(A) receipts for parts and labor; or]
94	96		45
95	97		[(B) a statement from a mechanic making the repairs.]
96	98		46
97	99		(2) An airport operator may take possession and dispose of an abandoned aircraft in
98	100		47
99	101		accordance with Subsections (3) through (5).
100	102		48
101	103		(3)(a) Upon determining that an aircraft located on airport property is abandoned, the
102	104		49
103	105		airport operator shall notify the aircraft owner as provided in Subsection (3)(b) or
104	106		50
105	107		(3)(c).
106	108		51
107	109		(b)(i) If the abandoned aircraft owner and the aircraft owner's address are known, the
108	110		52
109	111		airport operator shall send, by registered mail, a notice containing the information
110	112		53
111	113		described in Subsection (4) to the last known address of the last registered owner
112	114		54
113	115		of the aircraft.
114	116		55
115	117		(ii) If the mailed notice described in Subsection (3)(b)(i) is returned to the airport
116	118		56
117	119		operator without a forwarding address, the airport operator shall publish a notice
118	120		57
119	121		as a class A notice under Section 63G-30-102, which shall contain the information
120	122		58
121	123		described in Subsection (4).
122	124		59
123	125		(c) If the abandoned aircraft owner or the aircraft owner address is unknown, the airport
124	126		60
125	127		operator shall publish a notice as a class A notice under Section 63G-30-102, which
126	128		61
127	129		shall contain the information described in Subsection (4).
128	130		62
129	131		[(3) Upon determining that an aircraft located on airport property is abandoned, the airport
130		-	- 2 - Enrolled Copy S.B. 238
131	132		63
132	133		operator shall:]
	134	+	- 2 - 02-14 19:05 1st Sub. (Green) S.B. 238
133	135		64
134	136		[(a) send, by registered mail, a notice containing the information described in Subsection
135	137		65
136	138		(4) to the last known address of the last registered owner of the aircraft; and]
137	139		66
138	140		[(b) publish a notice containing the information described in Subsection (4) in a
139	141		67
140	142		newspaper of general circulation in the county where the airport is located if:]
141	143		68
142	144		[(i) the owner or the address of the owner of the aircraft is unknown; or]
143	145		69
144	146		[(ii) the mailed notice is returned to the airport operator without a forwarding address.]
145	147		70
146	148		(4) The notice [described] required in Subsection (3) shall include:
147	149		71
148	150		(a) the name, if known, and the last known address, if any, of the last registered owner
149	151		72
150	152		of the aircraft;
151	153		73
152	154		(b) a description of the aircraft, including the identification number, the aircraft make
153	155		74
154	156		and model, the location of the aircraft, and the date the aircraft is determined
155	157		75
156	158		abandoned;
157	159		76
158	160		(c) a statement describing the specific grounds for the determination that the aircraft is
159	161		77
160	162		abandoned;
161	163		78
162	164		(d) the amount of any accrued or unpaid airport charges; and
163	165		79
164	166		(e) a statement indicating that the airport operator intends to take possession and dispose
165	167		80
166	168		of the aircraft if the owner of the aircraft fails to remove the aircraft from airport
167	169		81
168	170		property, after payment in full of any charges described in Subsection (4)(d), within
169	171		82
170	172		the later of:
171	173		83
172	174		(i) 30 days after the day on which the notice is sent in accordance with Subsection [
173	175		84
174	176		(3)(a)] (3)(b); or
175	177		85
176	178		(ii) 30 days after the day on which the notice is published in accordance with
177	179		86
178	180		Subsection [(3)(b)] (3)(c), if applicable.
179	181		87
180	182		(5) If the owner of the abandoned aircraft fails to remove the aircraft from airport property,
181	183		88
182	184		after payment in full of any charges described in Subsection (4)(d), within the time
183	185		89
184	186		specified in Subsection (4)(e):
185	187		90
186	188		(a) the abandoned aircraft becomes the property of the airport operator; and
187	189		91
188	190		(b) the airport operator may dispose of the abandoned aircraft:
189	191		92
190	192		(i) in the manner provided in Title 63A, Chapter 2, Part 4, Surplus Property Service;
191	193		93
192	194		or
193	195		94
194	196		(ii) in accordance with any other lawful method or procedure established by rule or
195	197		95
196	198		ordinance adopted by the airport operator.
197	199		96
198	200		(6) If an airport operator complies with the provisions of this section, the airport operator is
199		-	- 3 - S.B. 238 Enrolled Copy
200	201		97
201	202		immune from liability for the seizure and disposal of an abandoned aircraft in
	203	+	- 3 - 1st Sub. (Green) S.B. 238 02-14 19:05
202	204		98
203	205		accordance with this section.
204	206		99
205	207		Section 2. Effective Date.
206	208		100
207	209		This bill takes effect on May 7, 2025.
208	210		- 4 -