Summary of the Truly Agreed Version of the Bill


HB 1909 -- AVIATION


This bill changes the laws regarding aircraft fuel, liens on

aircraft, and anemometer towers. The bill:


(1) Extends, from December 31, 2013, to December 31, 2023,

the expiration date of the provisions regarding the exemption for

common carriers engaged in the interstate transportation of

passengers and cargo on the sale of aviation jet fuel from any

state and local sales and use tax if the common carrier has paid

sales and use taxes applicable to the purchase, storage, or

consumption of the fuel in an amount of $1.5 million in the year;


(2) Increases the time period that a statement regarding an

aircraft lien is required to be filed after surrendering the

property from within 30 days to within 180 days. The bill

specifies that every person who furnishes labor or material on

any aircraft or part or equipment thereof and has obtained a

written memorandum of the work or material furnished or to be

furnished that has been signed by the owner, authorized agent of

the owner, or person in lawful possession of the aircraft, part,

or equipment has a lien on the property;


(3) Specifies that every person expending labor, services,

skill, or material upon an aircraft part or equipment of an

aircraft at the written request of its owner, authorized agent of

the owner, or person in lawful possession thereof where the

maximum amount to be charged has been stated as part of the

written request has a lien on the aircraft part or equipment; and


(4) Requires an anemometer tower, which is a wind speed testing

tower, that is located outside of a municipality’s boundaries, is

50 feet or more in height, and whose appearance is not otherwise

mandated by state or federal law to have certain safety markings.

The top third of the tower must be painted in equal, alternating

bands of aviation orange and white, each outside guy wire must

have two attached marker balls, the vegetation around guy wire

anchor points must contrast with surrounding vegetation, and guy

wires must have safety sleeves. If the adjacent land is grazed,

the area surrounding the anchor point must be fenced. An owner

of an anemometer tower in existence as of August 28, 2012, is

given until January 1, 2014, to comply with these requirements.

A violation of these provisions is a class B misdemeanor.


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