0001| HOUSE BILL 800 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| M. MICHAEL OLGUIN | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO LIENS; AMENDING SECTION 48-3-29 NMSA 1978 (BEING | 0012| LAWS 1985, CHAPTER 92, SECTION 1) TO ALLOW LIENS UPON AN | 0013| AIRCRAFT FOR THE COST OF FUEL, OIL OR OXYGEN. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 48-3-29 NMSA 1978 (being Laws 1985, | 0017| Chapter 92, Section 1) is amended to read: | 0018| "48-3-29. LIEN FOR REPAIR OR SERVICE TO AIRCRAFT-- | 0019| DETENTION--PRIORITY--ENFORCEMENT.-- | 0020| A. Any person engaged in the business of operating | 0021| an airport, hangar or place for maintenance or repair of | 0022| aircraft who stores, maintains or repairs any aircraft | 0023| accessories or furnishes materials, fuel, oil or oxygen for | 0024| an aircraft at the request or with the consent of the owner or | 0025| his representative, agent or lessee, whether the owner is a | 0001| conditional vendee or a mortgagor or in possession or not, | 0002| shall have a lien upon the aircraft or any part thereof for the | 0003| sum due for storing, maintaining or repairing the aircraft for | 0004| labor furnished, for accessories ~~[or]~~ materials, fuel, oil | 0005| or oxygen and for all costs incurred in enforcing the lien and | 0006| may detain the aircraft until the sum due is paid. The | 0007| possessory lien shall have priority over all other liens, | 0008| including recorded liens on the aircraft, except liens for | 0009| taxes, and the operator of the aircraft shall be deemed the | 0010| agent of any owner, mortgagee, conditional vendor or other | 0011| lienor of the aircraft for the establishment of that lien. | 0012| B. If the person who provides the services provided | 0013| in Subsection A of this section relinquishes possession of the | 0014| aircraft due to the acceptance or receipt of a check, draft or | 0015| written order for payment of the indebtedness due on the | 0016| aircraft, but the check, draft or written order for payment is | 0017| returned because of insufficient funds, no account, closed | 0018| account or issuance of a stop-payment order, or if possession | 0019| is lost due to the illegal acts of the owner or his agent, the | 0020| possessory lien on the aircraft shall continue for a period of | 0021| thirty days from the date actual possession was relinquished or | 0022| lost. At the expiration of the thirty days, the lien shall | 0023| continue but shall be subordinate to prior recorded liens on | 0024| the aircraft. The lien shall not be applicable to a bona fide | 0025| purchaser for value without notice of an aircraft lien or to a | 0001| bona fide encumbrancer for value without notice of the aircraft | 0002| lien, if the sale or encumbrance occurs subsequent to the | 0003| relinquishment or loss of possession. | 0004| C. At any time, the aircraft upon which a lien is | 0005| claimed may be repossessed. | 0006| D. Any person entitled to a lien pursuant to | 0007| Subsection A of this section shall, within ninety days after | 0008| the date on which labor was last performed or materials, fuel, | 0009| oil, oxygen, supplies or services last furnished, file in the | 0010| office of the county clerk of the county in which the aircraft | 0011| is based, or where the labor was performed or materials, fuel, | 0012| oil, oxygen, supplies or services furnished, a statement | 0013| verified by oath. The statement shall include the name of the | 0014| person entitled to the lien, the name of the owner of the | 0015| aircraft, a description of the aircraft and the sum due for | 0016| labor performed or materials, fuel, oil, oxygen, supplies or | 0017| services furnished. | 0018| E. The lien perfected pursuant to Subsection D of | 0019| this section may be enforced against the aircraft, whether or | 0020| not in the possession of the lienholder, by judgment of the | 0021| court having jurisdiction in the county where the lien is filed | 0022| and a writ of execution pursuant to that judgment. The court | 0023| may, in its discretion, award reasonable ~~[attorney's]~~ | 0024| attorney fees to the prevailing party." | 0025| State of New Mexico | 0001| House of Representatives | 0002| | 0003| FORTY-THIRD LEGISLATURE | 0004| FIRST SESSION, 1997 | 0005| | 0006| | 0007| February 24, 1997 | 0008| | 0009| | 0010| Mr. Speaker: | 0011| | 0012| Your JUDICIARY COMMITTEE, to whom has been referred | 0013| | 0014| HOUSE BILL 800 | 0015| | 0016| has had it under consideration and reports same with | 0017| recommendation that it DO PASS. | 0018| | 0019| Respectfully submitted, | 0020| | 0021| | 0022| | 0023| | 0024| | 0025| Thomas P. Foy, Chairman | 0001| | 0002| | 0003| Adopted Not Adopted | 0004| | 0005| (Chief Clerk) (Chief Clerk) | 0006| | 0007| Date | 0008| | 0009| The roll call vote was 7 For 0 Against | 0010| Yes: 7 | 0011| Excused: Alwin, King, Larranaga, Pederson, Rios, Sanchez | 0012| Absent: None | 0013| | 0014| | 0015| G:\BILLTEXT\BILLW_97\H0800 |