Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 238 (2025GS)

Sponsor

Sen. Wilson, Chris H.

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends the definition of "abandoned aircraft";
• amends the notification requirements of an airport operator to notify the owner of an abandoned aircraft before the airport operator may take possession of an abandoned aircraft; and
• makes technical changes.

Every vote on this bill

Bill text

3
72-10-205.5
Abandoned Aircraft Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Chris H. Wilson
House Sponsor: Casey Snider
LONG TITLE
General Description:
This bill amends provisions related to abandoned aircraft and requirements of notification 
before an airport operator may take possession of the aircraft.
Highlighted Provisions:
This bill:
amends the definition of "abandoned aircraft";
amends the notification requirements of an airport operator to notify the owner of an 
abandoned aircraft before the airport operator may take possession of an abandoned 
aircraft; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
72-10-205.5
, as last amended by Laws of Utah 2024, Chapter 517
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
72-10-205.5
 is amended to read:
72-10-205.5. Abandoned aircraft on airport property -- Seizure and disposal.
(1)
(a)
As used in this section, "abandoned aircraft" means an aircraft that:
(i)
(a)
(i)
remains in an idle state on airport property for 45 consecutive calendar days;
(ii)
is in a wrecked, inoperative, derelict, or partially dismantled condition; 
and
(iii)
is not in the process of an insurance claim or inspection by the National 
Transportation Safety Board; and
(iii)
(iv)
is not in the process of actively being repaired
.
;
(b)
(i)
is not subject to a lease or other storage agreement with the airport operator;
(ii)
has remained on airport property for 180 days without being operated; and
(iii)
has accrued unpaid airport charges during that period; or 
(c)
(i)
is subject to an agreement with the airport operator to lease space on airport 
property;
(ii)
for which the owner has been notified of the termination of the lease agreement; 
and
(iii)
which has remained on airport property for 120 days after being notified of the 
termination of the lease agreement.
(b)
"Abandoned aircraft" does not include an aircraft:
(i)
(A)
that has current FAA registration; and
(B)
that has current state registration; or
(ii)
for which evidence is shown indicating repairs are in process, including:
(A)
receipts for parts and labor; or
(B)
a statement from a mechanic making the repairs.
(2)
An airport operator may take possession and dispose of an abandoned aircraft in 
accordance with Subsections (3) through (5).
(3)
(a)
Upon determining that an aircraft located on airport property is abandoned, the 
airport operator shall notify the aircraft owner as provided in Subsection 
(3)(b)
 or 
(3)(c).
(b)
(i)
If the abandoned aircraft owner and the aircraft owner's address are known, the 
airport operator shall send, by registered mail, a notice containing the information 
described in Subsection (4) to the last known address of the last registered owner 
of the aircraft.
(ii)
If the mailed notice described in Subsection 
(3)(b)(i)
 is returned to the airport 
operator without a forwarding address, the airport operator shall publish a notice 
as a class A notice under Section 
63G-30-102
, which shall contain the information 
described in Subsection (4).
(c)
If the abandoned aircraft owner or the aircraft owner address is unknown, the airport 
operator shall publish a notice as a class A notice under Section 
63G-30-102
, which 
shall contain the information described in Subsection (4).
(3)
Upon determining that an aircraft located on airport property is abandoned, the airport 
operator shall:
(a)
send, by registered mail, a notice containing the information described in Subsection 
(4) to the last known address of the last registered owner of the aircraft; and
(b)
publish a notice containing the information described in Subsection (4) in a 
newspaper of general circulation in the county where the airport is located if:
(i)
the owner or the address of the owner of the aircraft is unknown; or
(ii)
the mailed notice is returned to the airport operator without a forwarding address.
(4)
The notice 
described
required
 in Subsection (3) shall include:
(a)
the name, if known, and the last known address, if any, of the last registered owner 
of the aircraft;
(b)
a description of the aircraft, including the identification number,
 the aircraft make 
and model,
 the location of the aircraft, and the date the aircraft is determined 
abandoned;
(c)
a statement describing the specific grounds for the determination that the aircraft is 
abandoned;
(d)
the amount of any accrued or unpaid airport charges; and
(e)
a statement indicating that the airport operator intends to take possession and dispose 
of the aircraft if the owner of the aircraft fails to remove the aircraft from airport 
property, after payment in full of any charges described in Subsection (4)(d), within 
the later of:
(i)
30 days after the day on which the notice is sent in accordance with Subsection 
(3)(a)
(3)(b)
; or
(ii)
30 days after the day on which the notice is published in accordance with 
Subsection 
(3)(b)
(3)(c)
, if applicable.
(5)
If the owner of the abandoned aircraft fails to remove the aircraft from airport property, 
after payment in full of any charges described in Subsection (4)(d), within the time 
specified in Subsection (4)(e):
(a)
the abandoned aircraft becomes the property of the airport operator; and
(b)
the airport operator may dispose of the abandoned aircraft:
(i)
in the manner provided in Title 63A, Chapter 2, Part 4, Surplus Property Service; 
or
(ii)
in accordance with any other lawful method or procedure established by rule or 
ordinance adopted by the airport operator.
(6)
If an airport operator complies with the provisions of this section, the airport operator is 
immune from liability for the seizure and disposal of an abandoned aircraft in 
accordance with this section.
Section 2. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-14-25 7:05 PM