Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 448 (2016GS)

Sponsor

Rep. Owens, D.

Final action

Governor Signed 3/23/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• repeals the requirement that a public airport be licensed by the state; and
• makes technical changes.

Every vote on this bill

Bill text

AIRPORT FEE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Derrin Owens
Senate Sponsor: 
 Evan J. Vickers
LONG TITLE
General Description:
This bill modifies the Aeronautics Act by repealing provisions requiring an airport to be
licensed by the state.
Highlighted Provisions:
This bill:
▸ repeals the requirement that a public airport be licensed by the state; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
72-10-110
, as last amended by Laws of Utah 2015, Chapter 35
72-10-116
, as last amended by Laws of Utah 2009, Chapter 183
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
72-10-110
 is amended to read:
72-10-110.
Aircraft registration information requirements -- Registration fee --
Administration -- Partial year registration.
(1) All applications for aircraft registration shall contain:
(a) a description of the aircraft, including:
(i) the manufacturer or builder;
(ii) the aircraft registration number, type, year of manufacture, or if an experimental
aircraft, the year the aircraft was completed and certified for air worthiness by an inspector of
the Federal Aviation Administration; and
(iii) gross weight;
(b) the name and address of the owner of the aircraft; and
(c) where the aircraft is located, or the address where the aircraft is usually used or
based.
(2) (a) Except as provided in Subsection (3), at the time application is made for
registration or renewal of registration of an aircraft under this chapter, an annual registration
fee of 0.4% of the average wholesale value of the aircraft shall be paid.
(b) For purposes of calculating the value of the aircraft under Subsection (2)(a) or
(3)(d), the 
State
 Tax Commission shall use the average wholesale value as stated in the Aircraft
Bluebook Price Digest.
(3) (a) An annual registration fee of $100 is imposed on the following aircraft:
(i) an aircraft not listed in the Aircraft Bluebook Price Digest;
(ii) an experimental aircraft; or
(iii) an aircraft that is used:
(A) exclusively by an entity that is exempt from federal income taxation under Section
501(c)(3), Internal Revenue Code, and exempt from property taxation under Title 59, Chapter
2, Property Tax Act; and
(B) for the emergency transportation of medical patients for at least 95% of its flight
time.
(b) An annual registration fee is imposed on an aircraft 50 years or older equal to the
lesser of:
(i) $100; or
(ii) the annual registration fee provided for under Subsection (2)(a).
(c) An aircraft that does not have a valid airworthiness certificate for a period of six
months or more:
(i) may not apply for a certificate of registration required under Section 
72-10-109
; and
(ii) is exempt from an annual registration fee until the aircraft has a valid airworthiness
certificate.
(d) An annual registration fee of .25% of the average wholesale value of the aircraft is
imposed on an aircraft if the aircraft is:
(i) used by an air charter service for air charter; and
(ii) owned by a person other than the air charter service.
(4) (a) The 
State
 Tax Commission shall provide a registration card to an owner of an
aircraft if:
(i) the owner complies with the registration requirements of this section; and
(ii) the owner of the aircraft states that the aircraft has a valid airworthiness certificate.
(b) An owner of an aircraft shall carry the registration card in the registered aircraft.
(5) The registration fees assessed under this chapter shall be collected by the 
State
 Tax
Commission to be distributed as provided in Subsection (6).
(6) After deducting the costs of administering all aircraft registrations under this
chapter, the 
State
 Tax Commission shall deposit all remaining aircraft registration fees in the
Aeronautics Restricted Account created by Section 
72-2-126
.
(7) Aircraft which are registered under this chapter for less than a full calendar year
shall be charged a registration fee which is reduced in proportion to the fraction of the calendar
year during which the aircraft is registered in this state.
(8) (a) For purposes of this section, aircraft based at the owner's airport means an
aircraft that is hangered, tied down, or parked at an owner's airport for a plurality of the year.
(b) Semi-annually, an owner or operator of an airport open to public use shall provide a
list of all aircraft based at the owner's airport to the Utah Division of Aeronautics.
[
(8)
] 
(9)
 (a) The Utah Division of Aeronautics shall maintain a statewide database of
all aircraft based within the state.
(b) On or before October 1 of each year, the Utah Division of Aeronautics shall
provide the 
State
 Tax Commission with the data the 
State
 Tax Commission requires from the
database described in Subsection [
(8)
] 
(9)
(a).
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may by rule define the contents of the database described in Subsection [
(8)
]
(9)
(a).
(d) The 
State
 Tax Commission shall annually provide the Utah Division of Aeronautics
a list of all aircraft registered in this state.
[
(9)
] 
(10)
 The 
State
 Tax Commission may suspend or revoke a registration if it
determines that the required fee has not been paid and the fee is not paid upon reasonable
notice and demand.
Section 2. Section 
72-10-116
 is amended to read:
72-10-116.
Restrictions on use of lands or waters of another.
[
(1) For purposes of this section, aircraft based at the owner's airport means an aircraft
which is hangared, tied down, or parked at an owner's airport for a plurality of the year.
]
[
(2) (a) An airport open to public use may not be used or operated unless it is duly
licensed by the division.
]
[
(b) A person who owns or operates an airport open to public use shall file an
application with the division for a license for the facility.
]
[
(c) Semi-annually, an owner or operator described in Subsection (2)(b) shall provide a
list of all aircraft based at the owner's airport to the Utah Division of Aeronautics.
]
[
(3) (a) A license shall be granted whenever it is reasonably necessary for the
accommodation and convenience of the public and may be granted in other cases in the
discretion of the division.
]
[
(b) The division may not issue a license if the division finds that the facility is not
constructed, equipped, and operated in accordance with the standards set by the department.
]
[
(4)
] 
(1)
 (a) The landing or taking off of aircraft on or from the lands or waters of
another without consent is unlawful, except in the case of a forced landing.
(b) For damages caused by a takeoff or landing, the owner, lessee of the aircraft,
operator, or any of them is liable.
[
(5)
] 
(2)
 (a) A student pilot may not land on any area without the knowledge of the
operator, instructor, or school from which the student is flying.
(b) The use of private landing fields must not impose a hazard upon the person or
property of others.
[
(6) A certificate of registration is not required of, and the rules made under this title do
not apply to an airport owned or operated by the government of the United States.
]
[
(7) The division, with the approval of the commission, may charge a fee determined
by the division pursuant to Section 
63J-1-504
 for the issuance of an annual airport license.
]
Legislative Review Note
Office of Legislative Research and General Counsel