LRB-4650/1
SWB:amn
2019 - 2020 LEGISLATURE
November 15, 2019 - Introduced by Representatives Tittl, Rohrkaste, James,
Kulp, Murphy, Plumer, Sinicki, Spiros and Tusler, cosponsored by Senators
Roth, Feyen, Cowles, LeMahieu, Petrowski, Olsen, Ringhand, Stroebel
and Testin. Referred to Committee on Jobs and the Economy.
AB611,1,3 1An Act to amend 779.415 (1c), 779.43 (3) and 779.48 (2); and to create 779.41
2(4) and 779.413 of the statutes; relating to: liens on aircraft and aircraft
3engines.
Analysis by the Legislative Reference Bureau
This bill establishes lien rights for every person, employer of a person, and
keeper of a garage or shop engaged in repair, storage, servicing, or furnishing
supplies or accessories for aircraft or aircraft engines or providing contracts of
indemnity for aircraft and lien rights for every person or corporation, municipal or
private, owning any airport, hangar, or aircraft service station and leasing hangar
space for aircraft. The bill also establishes the requirements for assertion of lien
rights relating to aircraft and aircraft engines.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB611,1 4Section 1. 779.41 (4) of the statutes is created to read:
AB611,1,65 779.41 (4) This section does not apply to liens on aircraft and aircraft engines
6under s. 779.413.
AB611,2 7Section 2. 779.413 of the statutes is created to read:
AB611,2,2
1779.413 Liens on aircraft and aircraft engines. (1) In this section,
2“aircraft" has the meaning given in s. 29.001 (6).
AB611,2,12 3(2) Every person, employer of a person, and keeper of a garage or shop engaged
4in repair, storage, servicing, or furnishing supplies or accessories for an aircraft or
5an aircraft engine or providing contracts of indemnity for an aircraft, and every
6person, municipal or private, owning any airport, hangar, or aircraft service station
7and leasing hangar space for aircraft, shall have a lien on the aircraft or aircraft
8engine for any reasonable charges, including charges for labor, for the use of tools,
9machinery, and equipment, and for all parts, accessories, materials, oils, lubricants,
10keep or storage fees, earned premiums, and other supplies furnished. A lien under
11this section shall be superior to all liens except liens for taxes, subject to compliance
12with sub. (3) of this section.
AB611,2,19 13(3) A lien under this section may be asserted by the retention of the aircraft or
14the aircraft engine, and if the lien is asserted by retention of the aircraft or aircraft
15engine, the lienor may not be required to surrender the aircraft or aircraft engine to
16the holder of a subordinate security interest or lien. If possession of the aircraft or
17aircraft engine is surrendered by the person claiming the lien, the person claiming
18the lien may do all of the following within 180 days after the repairs, storage,
19services, supplies, accessories, or contracts of indemnity are furnished:
AB611,3,220 (a) Provide written notice, subscribed and sworn to by a person or by someone
21on the person's behalf, giving an accurate account of the demands claimed to be due,
22with all just credits and the name of the person to whom the repair, storage, service,
23supplies, accessories, or contracts or indemnity were furnished, the name of the
24owner of the aircraft or aircraft engine, if known, and a description of the aircraft or

1aircraft engine sufficient for identification, by personal delivery, certified mail, or
2statutory overnight delivery, return receipt requested, to one of the following:
AB611,3,53 1. The registered owner and others holding recorded interests in the aircraft
4or aircraft engine at the addresses listed in the federal aviation administration's
5aircraft registry.
AB611,3,96 2. If the aircraft is not a U.S. registered aircraft or if the aircraft engine is not
7subject to recordation by the federal aviation administration, to the owner, if known,
8at his or her last known address, or, if not known, to the person to whom the repair,
9storage, service, supplies, accessories, or contracts of indemnity were furnished.
AB611,3,1710 (b) File the written notice for recording in the federal aviation administration's
11aircraft registry in the manner prescribed by federal law under 49 USC 44107, or,
12if the aircraft is not a U.S. registered aircraft or if the aircraft engine is not subject
13to recordation by the federal aviation administration, in the office of the department
14of financial institutions or any office authorized by the department of financial
15institutions as described under s. 409.501 (1) (b), or the appropriate recording
16authority, established by applicable state law, international treaty, or foreign law, in
17the manner prescribed.
AB611,3 18Section 3. 779.415 (1c) of the statutes is amended to read:
AB611,3,2019 779.415 (1c) In this section, “vehicle" has the meaning given in s. 29.001 (87),
20but does not include aircraft under s. 779.413 (1)
.
AB611,4 21Section 4. 779.43 (3) of the statutes is amended to read:
AB611,4,622 779.43 (3) Subject to sub. (4), every keeper of a garage, marina, livery or
23boarding stable, and every person pasturing or keeping any carriages, automobiles,
24boats, harness or animals, and every person or corporation, municipal or private,
25owning any airport, hangar or aircraft service station and leasing hangar space for

1aircraft,
shall have a lien thereon and may retain the possession thereof for the
2amount due for the keep, support, storage or repair and care thereof until paid. But
3no garage or marina keeper shall exercise the lien upon any automobile or boat
4unless the keeper gives notice of the charges for storing automobiles or boats on a
5signed service order or by posting in some conspicuous place in the garage or marina
6a card that is easily readable at a distance of 15 feet.
AB611,5 7Section 5. 779.48 (2) of the statutes is amended to read:
AB611,4,188 779.48 (2) Every person given a lien by ss. 779.41 , 779.413, and 779.43 (3) may
9in case the claim remains unpaid for 2 months after the debt is incurred, and a person
10given a lien under s. 779.47 (2) may if the claim remains unpaid 90 days after the lien
11is perfected, enforce such lien by sale of the property substantially in conformity with
12subch. VI of ch. 409 and the lien claimant shall have the rights and duties of a secured
13party thereunder. When such sections are applied to the enforcement of such lien
14the word debtor or equivalent when used therein shall be deemed to refer to the
15owner of the property and any other person having an interest shown by instrument
16filed as required by law or shown in the records of the department of transportation,
17and the word indebtedness or equivalent shall include all claims upon which such
18lien is based.
AB611,4,1919 (End)
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