AN
ACT Relating to the adoption of regulations by airport operators for airport
rental, use, and collection of charges; and amending RCW 14.08.122, 47.68.250,
and 82.48.100.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
14.08.122 and 1987 c 254 s 2 are each amended to read as follows:
An
airport operator may adopt all regulations necessary for rental and use of
airport facilities and for the expeditious collection of airport charges. The
regulations may also establish procedures for the enforcement of these
regulations by the airport operator. The regulations shall include the
following:
(1)
Procedures authorizing airport personnel to take reasonable measures including,
but not limited to, the use of chains, ropes, and locks to secure aircraft
within the airport facility so that the aircraft are in the possession and
control of the airport operator and cannot be removed from the airport. These
procedures may be used if an owner hangaring or parking an aircraft at the
airport fails, after being notified that charges are owing and of the
owner's right to contest that such charges are owing, to pay the airport
charges owed ((and the account is at least sixty days delinquent)) or
to commence legal proceedings. Notification shall be by registered mail to the
owner at his or her last known address. In the case of an aircraft where an
owner's address cannot be determined or obtained after reasonable effort, the
airport operator need not give such notice prior to securing the aircraft.
At the time of securing the aircraft, an authorized airport employee shall
attach to the aircraft a readily visible notice and shall make a reasonable
attempt to send a copy of the notice to the owner at his or her last known
address by registered mail, return receipt requested, and ((a)) an
additional copy of the notice by first class mail. The notice shall be of
a reasonable size and shall contain the following information:
(a)
The date and time the notice was attached;
(b)
A reasonable description of the aircraft;
(c)
The identity of the authorized employee;
(d)
The amount of airport charges owing;
(e)
A statement that if the account is not paid in full within ((one hundred
eighty)) ninety days from the time the notice was attached the
aircraft may be sold at public auction to satisfy the airport charges;
(f)
((The time and place of sale;
(g))) A
statement of the owner's right to commence legal proceedings to contest the
charges owing and to have the aircraft released upon posting of an adequate
cash bond or other security; and
(((h)))
(g) The address and telephone number where additional information may be
obtained concerning the release of the aircraft.
(2)
Procedures authorizing airport personnel at their discretion to ((place))
move aircraft ((in)) to an area within the airport operator's
control or for storage with private persons under the airport operator's
control as bailees of the airport facility. ((Reasonable)) Costs
of any such procedure shall be paid by the aircraft's owner.
(3)
If an aircraft is secured under subsection (1) of this section or moved
under conditions authorized ((under)) by subsection (2) of this
section the owner who is obligated for hangaring or parking or other airport
charges may regain possession of the aircraft by:
(a)
Making arrangements satisfactory with the airport operator for the immediate
removal of the aircraft from the airport's hangar, or making arrangements for
authorized parking; and
(b)
By making payment to the airport operator of all airport charges or by
posting with the airport operator a sufficient cash bond or other
security acceptable to such operator, to be held in trust by the airport
operator pending written agreement of the parties with respect to payment by
the aircraft owner of the amount owing, or pending resolution of charges in a
civil action in a court of competent jurisdiction. Upon written agreement
or judicial resolution, the trust shall terminate and the airport operator
shall receive so much of the bond or other security as is necessary to satisfy the
agreement, or any judgment, costs, and interest as may be awarded to the
airport operator. The balance shall be refunded immediately to the owner at
the owner's last known address by registered mail, return receipt requested.
The airport operator shall send to the owner by first class mail a notice that
the balance of funds was forwarded to him or her by registered mail, return
receipt requested.
(4)
If an aircraft parked or hangared at an airport is abandoned, the airport
operator may authorize the public sale of the aircraft by authorized personnel
to the highest and best bidder for cash as follows:
(a)
If an aircraft has been secured by the airport operator under subsection (1) of
this section and is not released to the owner under the bonding provisions of
this section within ((one hundred eighty)) ninety days after
notifying or attempting to notify the owner under subsection (1) of this
section, or in all other cases, for ((one hundred eighty)) ninety
days after the airport operator secures the aircraft, the aircraft shall
be conclusively presumed to have been abandoned by the owner;
(b)
Before the aircraft is sold, the owner of the aircraft shall be given at least
twenty days' notice of sale by registered mail, return receipt requested, if
the name and address of the owner are known, and the notice of sale shall
be published at least once, more than ten but less than twenty days before the
sale, in a newspaper of general circulation in the county in which the airport
is located. The notice shall include the name of the aircraft, if any, its
aircraft identification number, the last known owner and address, the time and
place of sale, the amount of airport charges that will be owing at the time of
sale, a reasonable description of the aircraft to be sold and a statement
that the airport operator may bid all or part of its airport charges at the
sale and may become a purchaser at the sale;
(c)
Before the aircraft is sold, any person seeking to redeem an impounded
aircraft under this section may commence a lawsuit in the superior court of the
county in which the aircraft was impounded, to contest the validity of the
impoundment or the amount of airport charges owing. Such lawsuit must be
commenced within ten days of the date the notification was provided under
subsection (1) of this section, or the right to a hearing is waived and the
owner is liable for any airport charges owing the airport operator. In the
event of litigation, the prevailing party is entitled to reasonable attorneys'
fees and costs;
(d)
The proceeds of a sale under this section shall first be applied to payment of
airport charges owed. The balance, if any, shall be deposited with the
department of revenue to be held in trust for the owner or owners and
lienholders for a period of one year. If more than one owner appears on the
aircraft title, and/or if any liens appear on the title, the department must,
if a claim is made, interplead the balance into a court of competent
jurisdiction for distribution. The department may release the balance to the
legal owner provided that the claim is made within one year of sale and only
one legal owner and no lienholders appear on the title. If no valid claim is
made within one year of the date of sale, the excess funds from the sale shall
be deposited in the aircraft search and rescue, safety, and education account
created in RCW 47.68.236. If the sale is for a sum less than the applicable
airport charges, the airport operator is entitled to assert a claim against the
aircraft owner or owners for the deficiency;
(e)
In the event that no one purchases the aircraft at a sale, or that the aircraft
is not removed from the premises or other arrangements are not made within ten
days of the sale, title to the aircraft shall revert to the airport operator.
(5)
The regulations authorized under this section shall be enforceable only if:
(a)
The airport operator has had its tariff and/or regulations, including any and
all regulations authorizing the impoundment of an aircraft that is the subject
of delinquent airport charges, conspicuously posted at the airport manager's
office at all times.
(b)
All impounding remedies available to the airport operator are included in any
written contract for airport charges between an airport operator and an
aircraft owner; and
(((6)))
(c) All rules and regulations authorized under this section are adopted
either pursuant to chapter 34.05 RCW, or by resolution of the appropriate
legislative authority, as applicable.
Sec.
2. RCW
47.68.250 and 1998 c 188 s 1 are each amended to read as follows:
Every
aircraft shall be registered with the department for each calendar year in
which the aircraft is operated or is based within this state. A fee of ((four))
eight dollars shall be charged for each such registration and each
annual renewal thereof.
Possession
of the appropriate effective federal certificate, permit, rating, or license
relating to ownership and airworthiness of the aircraft, and payment of the
excise tax imposed by Title 82 RCW for the privilege of using the aircraft
within this state during the year for which the registration is sought, and
payment of the registration fee required by this section shall be the only
requisites for registration of an aircraft under this section.
The
registration fee imposed by this section shall be payable to and collected by
the secretary. The fee for any calendar year must be paid during the month of
January, and shall be collected by the secretary at the time of the collection
by him or her of the said excise tax. If the secretary is satisfied that the
requirements for registration of the aircraft have been met, he or she shall
thereupon issue to the owner of the aircraft a certificate of registration
therefor. The secretary shall pay to the state treasurer the registration fees
collected under this section, which registration fees shall be credited to the
aeronautics account in the transportation fund.
It
shall not be necessary for the registrant to provide the secretary with
originals or copies of federal certificates, permits, ratings, or licenses.
The secretary shall issue certificates of registration, or such other evidences
of registration or payment of fees as he or she may deem proper; and in
connection therewith may prescribe requirements for the possession and
exhibition of such certificates or other evidences.
The
provisions of this section shall not apply to:
(1)
An aircraft owned by and used exclusively in the service of any government or
any political subdivision thereof, including the government of the United
States, any state, territory, or possession of the United States, or the
District of Columbia, which is not engaged in carrying persons or property for
commercial purposes;
(2)
An aircraft registered under the laws of a foreign country;
(3)
An aircraft which is owned by a nonresident and registered in another state:
PROVIDED, That if said aircraft shall remain in and/or be based in this state
for a period of ninety days or longer it shall not be exempt under this
section;
(4)
An aircraft engaged principally in commercial flying constituting an act of
interstate or foreign commerce;
(5)
An aircraft owned by the commercial manufacturer thereof while being operated
for test or experimental purposes, or for the purpose of training crews for
purchasers of the aircraft;
(6)
An aircraft being held for sale, exchange, delivery, test, or demonstration
purposes solely as stock in trade of an aircraft dealer licensed under Title 14
RCW;
(7)
An aircraft based within the state that is in an unairworthy condition, is not
operated within the registration period, and has obtained a written exemption
issued by the secretary.
The
secretary shall be notified within one week of any change in ownership of a
registered aircraft. The notification shall contain the N, NC, NR, NL, or NX
number of the aircraft, the full name and address of the former owner, and the
full name and address of the new owner. For failure to so notify the
secretary, the registration of that aircraft may be canceled by the secretary,
subject to reinstatement upon application and payment of a reinstatement fee of
ten dollars by the new owner.
A
municipality or port district that owns, operates, or leases an airport, as
defined in RCW 47.68.020, with the intent to operate, shall require from an
aircraft owner proof of aircraft registration or proof of intent to register an
aircraft as a condition of leasing or selling tiedown or hangar space for an
aircraft. The airport shall inform the lessee or purchaser of the tiedown or
hangar space of the state law requiring registration and direct the person to
comply with the state law if the person has not already done so. The airport
may lease or sell tiedown or hangar space to owners of nonregistered aircraft
after presenting them with the appropriate state registration forms. It is then
the responsibility of the lessee or purchaser to register the aircraft. The
airport shall report to the department's aviation division at the end of each
month, the names, addresses, and "N" numbers of those aircraft owners
not yet registered.
Sec.
3. RCW
82.48.100 and 1965 ex.s. c 173 s 28 are each amended to read as follows:
This
chapter shall not apply to:
Aircraft
owned by and used exclusively in the service of any government or any political
subdivision thereof, including the government of the United States, any state,
territory, or possession of the United States, or the District of Columbia,
which are not engaged in carrying persons or property for commercial purposes;
Aircraft
registered under the laws of a foreign country;
Aircraft
which are owned by a nonresident and registered in another state: PROVIDED,
That if any such aircraft shall remain in and/or be based in this state for a
period of ninety days or longer it shall not be exempt under this section;
Aircraft
engaged principally in commercial flying which constitutes interstate or
foreign commerce; and aircraft owned by the manufacturer thereof while being
operated for test or experimental purposes, or for the purpose of training
crews for purchasers of the aircraft;
Aircraft
being held for sale, exchange, delivery, test, or demonstration purposes solely
as stock in trade of an aircraft dealer licensed under Title 14 RCW;
Aircraft
owned by a nonresident of this state if the aircraft is kept at an airport in
this state and that airport is jointly owned or operated by a municipal
corporation or other governmental entity of this state and a municipal
corporation or other governmental entity of another state, and the owner or
operator of the aircraft provides the department with proof that the owner or
operator has paid all taxes, license fees, and registration fees required by
the state in which the owner or operator resides.
