06 LC 14
9482S
The
House Committee on Judiciary offers the following substitute to SB
638:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 44-14-363 of the Official Code of Georgia Annotated, relating
to special liens on personalty, so as to eliminate aircraft liens subject to
recordation in the Federal Aviation
Administratiońs
Aircraft Registry from this Code section; to amend Code Section 44-14-518 of the
Official Code of Georgia Annotated, relating to liens on aircraft for labor and
materials and for contracts of indemnity, so as to provide for filing a notice
of intention to claim a lien with the Federal Aviation
Administratiońs
Aircraft Registry; to provide for related matters; to provide for an effective
date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 44-14-363 of the Official Code of Georgia Annotated, relating to special
liens on personalty, is amended by striking paragraph (1) of subsection (c) in
its entirety and inserting in its place the following:
"(c)(1)
When possession of the property is surrendered to the debtor, the mechanic shall
record his or
her claim of lien within 90 days after the
work is done and the material is furnished or, in the case of repairs made on or
to aircraft
or farm machinery, within 180 days after
the work is done and the material is furnished. The claim of lien shall be
recorded in the office of the clerk of the superior court of the county where
the owner of the property resides. The claim shall be in substance as
follows:
'A.B.,
mechanic, claims a lien on _______ (here describe the property) of C.B., for
work done, material furnished, and storage accruing (as the case may be) in
manufacturing, repairing, and storing (as the case may be) the
same.'"
SECTION
2.
Code
Section 44-14-518 of the Official Code of Georgia Annotated, relating to liens
on aircraft for labor and materials and for contracts of indemnity, is amended
by striking it in its entirety and inserting in its place the
following:
"44-14-518.
(a)
Any person engaged in
fueling,
repair, storage,
servicing,
or furnishing supplies or accessories for aircraft
or aircraft
engines or providing contracts of
indemnity for aircraft shall have a lien on such aircraft
or aircraft
engines for any reasonable charges
therefor, including charges for labor, for the use of tools, machinery, and
equipment, and for all
parts,
accessories, materials, fuel, oils, lubricants,
storage
fees, earned premiums, and other supplies
furnished in connection
with the
servicing or furnishing of supplies or accessories or providing contracts of
indemnity for such aircraft. Such lien shall be dissolved unless the person
claiming it shall file,
therewith.
Except as provided by subsection (a) of Code Section 11-9-333, such lien shall
be superior to all liens except liens for taxes.
(b)
Such lien may
be asserted by the retention of the aircraft or aircraft engines, and if such
lien is asserted by retention of the aircraft or aircraft engine, the lienor
shall not be required to surrender the aircraft or the aircraft engine to the
holder of a subordinate security interest or lien. When possession of the
aircraft or aircraft engine is surrendered by the person claiming the lien, the
person claiming the lien shall, within
90
180
days after such
fuel, repair,
storage, service, supplies, accessories,
or contracts of indemnity are
furnished:,
in the office of the clerk of superior court of the county within which the
aircraft was located at the time such service, supplies, accessories, or
contracts of indemnity were furnished, a statement,
(1)
Provide written notice, subscribed and
sworn to by such person or by some person in his or her behalf, giving a just
and true account of the demands claimed to be due, with all just credits and the
name of the person to whom the
fuel, repair,
storage, service, supplies, accessories,
or contracts of indemnity were furnished, the name of the owner of the aircraft
or aircraft
engine, if known, and a description of the
aircraft sufficient for
identification,.
Such statement shall be recorded by the clerk in a book kept for that purpose,
for which the clerk shall receive the same fees as provided in subparagraph
(f)(1)(A) of Code Section 15-6-77 for recording
liens.
by personal
delivery, certified mail with return receipt requested, or statutory overnight
delivery to the following:
(A)
The registered owner and others holding recorded interests in the aircraft or
aircraft engines at the addresses listed in the Federal Aviation
Administratiońs
Aircraft Registry; or
(B)
If not a United States registered aircraft or if the aircraft engine is not
subject to recordation by the Federal Aviation Administration, to the owner, if
known, at his or her last known address, or, if not known, the person to whom
the fuel, repair, storage, service, supplies, accessories, or contracts of
indemnity were furnished; and
(2)
File such written notice for recording in the Federal Aviation
Administratiońs
Aircraft Registry in the manner prescribed by federal law under 49 USC Section
44107 for the filing of such liens for recordation, or, if not a United States
registered aircraft or if the aircraft engine is not subject to recordation by
the Federal Aviation Administration, with the appropriate recording authority,
established by applicable state law, international treaty, or foreign law, in
the manner prescribed for the filing of such liens for
recordation."
SECTION
3.
This
Act shall become effective on July 1, 2006.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.