reglab/statecodes huggingface dataset:
2023 Utah Code › Title 38 - Liens › Chapter 10 - Oil, Gas, and Mining Liens › Section 107 - Lien priority -- Proration of proceeds upon sale.

38-10-107.
Lien priority -- Proration of proceeds upon sale.
(1) Except as provided in this section, liens under this chapter shall be equal in priority without reference to the date of the filing of the lien.
(2) Any lien perfected as provided by this chapter attaches to the interest covered by Section 38-10-102 in preference to any subsequent lien, security interest, or mortgage perfected upon an interest in real or personal property against which the lien is claimed.
(3) The liens provided for in this chapter shall relate back to, and take effect as of the time of the commencement of work or the furnishing of materials or equipment which are conspicuously visible on the production unit, or as of the filing of the notice of lien, which ever first occurs.
(4) If a sale is ordered by the court upon foreclosure of any lien provided by this chapter and the proceeds from the sale are insufficient to discharge in full all of the liens, the proceeds shall be prorated among the several lien claimants who have joined in the foreclosure according to the amounts of their respective judgments.
Enacted by Chapter 170, 1987 General Session
2023 Utah Code › Title 38 - Liens › Chapter 10 - Oil, Gas, and Mining Liens › Section 108 - Limitation upon owner's liability.

38-10-108.
Limitation upon owner's liability.
Except as provided in Section 38-10-102 and Section 38-10-114, nothing in this chapter shall be construed to fix a greater liability against the owner than the price or sum agreed by the owner to be paid for his share of the work performed or the materials or equipment furnished.
Enacted by Chapter 170, 1987 General Session
2023 Utah Code › Title 38 - Liens › Chapter 10 - Oil, Gas, and Mining Liens › Section 109 - Limitation on liability for other owners in production unit if notice provided -- Contents of notice -- Filing of notice -- Time for filing -- Failure to file does not affect other defenses.

38-10-109.
Limitation on liability for other owners in production unit if notice provided -- Contents of notice -- Filing of notice -- Time for filing -- Failure to file does not affect other defenses.
(1) Where work is performed or materials or equipment are furnished for any production unit under a contract with an owner of an interest in the production unit, any interest of any other owner in the production unit shall not be subject to a lien under this chapter, if such other owner gives written notice that he will not be responsible for work performed or materials or equipment provided.
(2) Written notice shall be:
(a) in recordable form;
(b) filed with the county recorder of the county where the production unit is located; and
(c) filed within 10 working days after the latter of:
(i) the owner obtaining knowledge of the performance of such work or the providing of such materials or equipment; or
(ii) the execution by the last party of:
(A) a farmout agreement;
(B) a lease or sublease;
(C) an operating agreement;
(D) an assignment of less than 100% of the lessee's interest or operating rights under a lease;
(E) a sales contract; or
(F) an option agreement.
(3) Failure to file under this section shall not impair any other defense available to such owner.
Enacted by Chapter 170, 1987 General Session
2023 Utah Code › Title 38 - Liens › Chapter 10 - Oil, Gas, and Mining Liens › Section 113 - Satisfaction of lien upon filing corporate surety bond or letter of credit -- Payment to lien claimant upon entry of judgment -- Filing -- Commencement time for action upon bond or undertaking.

38-10-113.
Satisfaction of lien upon filing corporate surety bond or letter of credit -- Payment to lien claimant upon entry of judgment -- Filing -- Commencement time for action upon bond or undertaking.
(1) Any lien created under this chapter is satisfied and shall be cancelled upon the owner filing in recordable form, a corporate surety bond or letter of credit in an amount equal to 1-1/2 times the amount of the lien with the county recorder in any county where the notice of lien was filed.
(2) The bond or letter of credit shall guarantee that upon entry of final judgment in favor of the lien claimant, the principal or its sureties shall pay the lien claimant the lesser of the judgment or the full amount of the bond or letter of credit.
(3) The bond or undertaking may be filed any time prior to a final judgment in an action to foreclose the lien.
(4) A certified copy of the bond or undertaking shall also be filed with the clerk of the district court in the county in which an action to foreclose the lien is filed or pending.
(5) Upon the filing of the bond or letter of credit with the county recorder, the lien against the owner's interest shall be satisfied, and the security described in Subsection (1) shall be substituted.
(6) A lien claimant whose lien has been satisfied by the substitution of the security described in Subsection (1) may bring an action upon the bond or undertaking. The action shall be commenced within the time prescribed in Subsection 38-10-106(1).
Enacted by Chapter 170, 1987 General Session
2023 Utah Code › Title 38 - Liens › Chapter 10 - Oil, Gas, and Mining Liens › Section 115 - Prohibition against removal of property covered by lien -- Penalty.

38-10-115.
Prohibition against removal of property covered by lien -- Penalty.
Any person who removes or causes to be removed any property covered by a validly perfected lien created by this chapter without the written consent of the lien claimant and with the intent to defraud the lien claimant is guilty of a class A misdemeanor.
Amended by Chapter 241, 1991 General Session
2023 Utah Code › Title 38 - Liens › Chapter 11 - Residence Lien Restriction and Lien Recovery Fund Act › Part 1 - General Provisions › Section 103 - Administration.

Effective 5/4/2022
38-11-103.
Administration.
This chapter shall be administered by the Division of Professional Licensing pursuant to the provisions of this chapter and consistent with Title 58, Chapter 1, Division of Professional Licensing Act.
Amended by Chapter 415, 2022 General Session
2023 Utah Code › Title 38 - Liens › Chapter 11 - Residence Lien Restriction and Lien Recovery Fund Act › Part 1 - General Provisions › Section 105 - Procedures established by rule.

Effective 5/8/2018
38-11-105.
Procedures established by rule.
In compliance with Title 63G, Chapter 4, Administrative Procedures Act, the division shall establish procedures by rule by which claims for compensation from the fund and requests for certificates of compliance shall be adjudicated.
Amended by Chapter 229, 2018 General Session
2023 Utah Code › Title 38 - Liens › Chapter 11 - Residence Lien Restriction and Lien Recovery Fund Act › Part 1 - General Provisions › Section 106 - State not liable.

Effective 5/8/2018
38-11-106.
State not liable.
The state and the state's agencies, instrumentalities, and political subdivisions are not liable for:
(1) issuance or denial of any certificate of compliance;
(2) any claims made against the fund; or
(3) failure of the fund to pay any amounts ordered by the director to be paid from the fund, including failure of the fund to pay any amounts ordered by the director to be paid because there is insufficient money in the fund.
Amended by Chapter 229, 2018 General Session
2023 Utah Code › Title 38 - Liens › Chapter 11 - Residence Lien Restriction and Lien Recovery Fund Act › Part 1 - General Provisions › Section 108 - Notification of rights under chapter.

38-11-108.
Notification of rights under chapter.
(1) Beginning July 1, 1995, the original contractor or real estate developer shall state in the written contract with the owner what actions are necessary for the owner to be protected under Section 38-11-107 from the maintaining of a mechanic's lien or other civil action against the owner or the owner-occupied residence to recover money owed for qualified services.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may issue rules providing for the form and content of the information required by Subsection (1).
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 38 - Liens › Chapter 11 - Residence Lien Restriction and Lien Recovery Fund Act › Part 1 - General Provisions › Section 109 - Severability clause.

38-11-109.
Severability clause.
If any provision of this chapter is held invalid or unconstitutional by a court of competent jurisdiction, the invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid or unconstitutional provision.
Enacted by Chapter 193, 1999 General Session
2023 Utah Code › Title 38 - Liens › Chapter 11 - Residence Lien Restriction and Lien Recovery Fund Act › Part 1 - General Provisions › Section 110 - Issuance of certificates of compliance.

38-11-110.
Issuance of certificates of compliance.
(1)
(a) The director may issue a certificate of compliance only after determining through an informal proceeding, as set forth in Title 63G, Chapter 4, Administrative Procedures Act:
(i) that the owner is in compliance with Subsections 38-11-204(4)(a) and (b); or
(ii) subject to Subsection (2), that the owner is entitled to protection under Subsection 38-11-107(1)(b).
(b) If the director determines through an informal proceeding under Subsection (1)(a) that an owner seeking the issuance of a certificate of compliance under Subsection (1)(a)(i) is not in compliance as provided in Subsection (1)(a)(i), the director may not issue a certificate of compliance.
(2)
(a) An owner seeking the issuance of a certificate of compliance under Subsection (1)(a)(ii) shall submit an affidavit, as defined by the division by rule, affirming that the owner is entitled to protection under Subsection 38-11-107(1)(b).
(b) If an owner's affidavit under Subsection (2)(a) is disputed, the owner may file a complaint in small claims court or district court to resolve the dispute.
(c) The director may issue a certificate of compliance to an owner seeking issuance of a certificate under Subsection (1)(a)(ii) if:
(i) the owner's affidavit under Subsection (2)(a) is undisputed; or
(ii) a small claims court or district court resolves any dispute over the owner's affidavit in favor of the owner.
Amended by Chapter 31, 2010 General Session
2023 Utah Code › Title 38 - Liens › Chapter 11 - Residence Lien Restriction and Lien Recovery Fund Act › Part 2 - Residence Lien Recovery Fund › Section 201 - Residence Lien Recovery Fund.

Effective 5/12/2020
38-11-201.
Residence Lien Recovery Fund.
(1) There is created an expendable special revenue fund called the "Residence Lien Recovery Fund."
(2) The fund shall earn interest.
(3) The division shall employ personnel and resources necessary to administer the fund and shall use fund money in accordance with Sections 38-11-203 and 38-11-204 and to pay the costs charged to the fund by the attorney general.
(4) Costs incurred by the division, on or after May 8, 2018, for administering the fund may be paid out of fund money in an amount that may be no more than a total of $300,000 for the remaining existence of the fund.
(5)
(a) The Division of Finance shall report annually to the Legislature and the division.
(b) The report shall state:
(i) amounts received by the fund;
(ii) disbursements from the fund;
(iii) interest earned and credited to the fund; and
(iv) the fund balance.
Amended by Chapter 154, 2020 General Session
2023 Utah Code › Title 38 - Liens › Chapter 11 - Residence Lien Restriction and Lien Recovery Fund Act › Part 2 - Residence Lien Recovery Fund › Section 202 - Payments to the fund.

Effective 5/12/2020
38-11-202.
Payments to the fund.
Beginning on May 8, 2018, the Residence Lien Recovery Fund will no longer be supported by special assessments and will be solely supported by:
(1) fees determined by the division under Section 63J-1-504 collected from laborers under Subsection 38-11-204(7) when the laborers obtain a recovery from the fund;
(2) amounts collected by subrogation under Section 38-11-205 on behalf of the fund following a payment from the fund;
(3) application fees determined by the division under Section 63J-1-504 collected from:
(a) qualified beneficiaries or laborers under Subsection 38-11-204(1)(b) when qualified beneficiaries or laborers make a claim against the fund; or
(b) owners or agents of the owners seeking to obtain a certificate of compliance for the owner;
(4) registration fees determined by the division under Section 63J-1-504 collected from other qualified beneficiaries registering with the department in accordance with Subsection 38-11-301(3)(a)(iii);
(5) civil fines authorized under Subsection 38-11-205(2) collected by the attorney general for failure to reimburse the fund; and
(6) any interest earned by the fund.
Amended by Chapter 354, 2020 General Session
2023 Utah Code › Title 38 - Liens › Chapter 11 - Residence Lien Restriction and Lien Recovery Fund Act › Part 2 - Residence Lien Recovery Fund › Section 205 - Subrogation.

38-11-205.
Subrogation.
(1)
(a)
(i) The state, on behalf of the fund, has the right of subrogation only to the extent of payments made from the fund.
(ii) Upon payment from the fund to a claimant, any payment to the claimant that was the basis of the claimant's claim against the fund shall be assigned to the fund for the enforcement of subrogation rights by the attorney general.
(iii) A claimant's judgment or bankruptcy claim against the nonpaying party shall be automatically assigned to the state, to the extent paid by the fund on a particular residence, upon the state's filing of the director's order of payment of claim with the appropriate court.
(b) The state's right of subrogation under Subsection (1)(a) has priority over any rights of the qualified beneficiary under the judgment or any civil penalties imposed.
(c) The state shall be awarded attorney's fees and court costs incurred in recovering claims paid from the fund.
(2)
(a) The attorney general shall enforce all subrogation claims and may contract with private attorneys as necessary to adequately enforce subrogation claims.
(b)
(i) In addition to the subrogation claims the attorney general may seek a civil fine of $5,000 per residence for failure to reimburse the Residence Lien Recovery Fund within 90 days after any disbursement from the fund resulting from the registrant's failure to pay qualified beneficiaries under this chapter.
(ii) All claims under the judgment have priority over the civil penalty.
(3) The attorney general may charge the fund for costs incurred by the attorney general under this chapter.
Amended by Chapter 193, 1999 General Session
2023 Utah Code › Title 38 - Liens › Chapter 11 - Residence Lien Restriction and Lien Recovery Fund Act › Part 2 - Residence Lien Recovery Fund › Section 206 - Limitations on fund balance.

Effective 5/8/2018
38-11-206.
Limitations on fund balance.
By October 1 of each year, the division shall provide a written report to the Legislature and the Business and Labor Interim Committee that describes:
(1) the amount of money in the fund, including the encumbered fund balance;
(2) an estimate of when the fund will have insufficient money to continue to pay claims under this chapter; and
(3) a recommendation to the Legislature of whether the substantive provisions of this chapter should be repealed due to insufficient money in the fund.
Repealed and Re-enacted by Chapter 229, 2018 General Session
2023 Utah Code › Title 38 - Liens › Chapter 11 - Residence Lien Restriction and Lien Recovery Fund Act › Part 2 - Residence Lien Recovery Fund › Section 207 - Reimbursement to the fund.

38-11-207.
Reimbursement to the fund.
(1) If the director disburses money from the fund as a result of a person licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act, or a qualified beneficiary failing to pay qualified beneficiaries:
(a) the division shall issue a notice of the disbursement from the fund and the obligation to reimburse the fund to the licensee or qualified beneficiary; and
(b) the licensee or qualified beneficiary shall reimburse the fund within 20 days from the issuance of the notice required by Subsection (1)(a).
(2) The notice required by Subsection (1)(a) shall meet the requirements established by rule by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3)
(a) A finding of fact in an administrative action that a payment of any amount has been made from the fund in settlement of a claim arising from the act, representation, transaction, or conduct of a person licensed under Title 58, Chapter 55, Utah Construction Trades Licensing Act, in violation of Section 58-55-603 shall result in the immediate suspension of that person's license without further compliance with Title 63G, Chapter 4, Administrative Procedures Act.
(b) The finding of fact for Subsection (3)(a) may be made in the same administrative action as the related claim and may be included in the findings required by Section 38-11-203.
(c) The suspension required by Subsection (3)(a) shall remain in effect until the person applies for reinstatement and is issued a license in accordance with Sections 58-1-308 and 58-55-303.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 38 - Liens › Chapter 11 - Residence Lien Restriction and Lien Recovery Fund Act › Part 3 - Registration › Section 301 - Registration as a qualified beneficiary -- Initial regular assessment -- Affidavit.

Effective 5/8/2018
38-11-301.
Registration as a qualified beneficiary -- Initial regular assessment -- Affidavit.
(1) A person licensed as of July 1, 1995, as a contractor under the provisions of Title 58, Chapter 55, Utah Construction Trades Licensing Act, in license classifications that regularly engage in providing qualified services shall be automatically registered as a qualified beneficiary.
(2) A person applying for licensure as a contractor after July 1, 1995, in license classifications that regularly engage in providing qualified services shall be automatically registered as a qualified beneficiary upon issuance of a license.
(3)
(a) After July 1, 1995, any person providing qualified services as other than a contractor as provided in Subsection (1) or any person exempt from licensure under the provisions of Title 58, Chapter 55, Utah Construction Trades Licensing Act, may register as a qualified beneficiary by:
(i) submitting an application in a form prescribed by the division;
(ii) demonstrating registration with the Division of Corporations and Commercial Code as required by state law; and
(iii) paying a registration fee determined by the division under Section 63J-1-504.
(b) A person who does not register under Subsection (1), (2), or (3)(a) shall be prohibited from recovering under the fund as a qualified beneficiary for work performed as qualified services while not registered with the fund.
Amended by Chapter 229, 2018 General Session
2023 Utah Code › Title 38 - Liens › Chapter 12 - Notice of Lien Filing › Section 101 - Definitions.

38-12-101.
Definitions.
For purposes of this chapter:
(1) "Lien" means:
(a) failure to pay money owed for property, services, or a notice of interest, a judgment, or any other encumbrance on the title, that becomes a charge against or interest in:
(i) real property, a building, a structure, or an improvement including any franchise, privilege, appurtenance, machinery, or fixture pertaining to or used in connection with any real property, building, structure, or improvement;
(ii) personal property; or
(iii) a judgment, settlement, or compromise; or
(b) a tax as provided in Section 59-1-1413, 59-5-108, 59-5-208, 59-11-110, or 59-12-112.
(2) "Lien" does not mean a charge against or interest in, for failure to pay money owed for property, services, or a judgment, any:
(a) bank account;
(b) pension; or
(c) garnishment.
Amended by Chapter 212, 2009 General Session
2023 Utah Code › Title 38 - Liens › Chapter 12 - Notice of Lien Filing › Section 103 - Failure to notify -- Effect -- Penalty.

38-12-103.
Failure to notify -- Effect -- Penalty.
(1)
(a) A person who fails to meet the notice requirements of Subsections 38-12-102(1) and (2) is precluded from receiving an award of costs and attorneys' fees from the person against whom a notice of lien has been filed in an action to enforce the lien if costs and attorneys' fees are authorized by contract or statute.
(b) Subsection (1)(a) does not create a right to costs and attorneys' fees.
(2) In addition to the penalties provided in Subsection (1)(a), a lien claimant who, within 20 days from the date of receiving notice of noncompliance with the notice requirements of Subsection 38-12-102(1) or (2), willfully refuses to release the notice of lien or record the lien in compliance with Section 38-12-102 is liable to the person against whom the notice of lien was filed for $1,000 or for treble damages, whichever is greater.
(3) Failure to meet the notice requirements of Subsections 38-12-102(1) and (2) does not:
(a) invalidate any lien arising at common law or in equity or by any statute of this state; or
(b) affect the rules of priority provided in Title 70A, Chapter 9a, Uniform Commercial Code - Secured Transactions.
Amended by Chapter 252, 2000 General Session
2023 Utah Code › Title 38 - Liens › Chapter 13 - Aircraft Lien Act › Part 1 - General Provisions › Section 102 - Definitions.

38-13-102.
Definitions.
As used in this chapter:
(1) "Aircraft" is as defined in Section 72-10-102.
(2) "Repairman" means a person who makes, alters, repairs, or performs labor on an aircraft.
Enacted by Chapter 187, 2005 General Session
2023 Utah Code › Title 38 - Liens › Chapter 13 - Aircraft Lien Act › Part 1 - General Provisions › Section 103 - Scope of chapter.

38-13-103.
Scope of chapter.
(1) This chapter may not be interpreted to impair or affect the right of any person to whom a debt may be due for any work performed or materials furnished to maintain a personal action to recover the same.
(2) This chapter supersedes Sections 38-2-3 and 38-2-4 as it relates to a lien for a repairman making, altering, repairing, or performing labor on an aircraft.
Enacted by Chapter 187, 2005 General Session
2023 Utah Code › Title 38 - Liens › Chapter 13 - Aircraft Lien Act › Part 2 - Lien Provisions › Section 201 - Lien on aircraft -- Filing required -- Notice -- Release.

38-13-201.
Lien on aircraft -- Filing required -- Notice -- Release.
(1) A repairman who makes, alters, repairs, or performs labor on an aircraft at the request of the owner or other person entitled to possession of the aircraft shall have a lien upon the aircraft for the reasonable value of the following furnished and used in making the aircraft or in altering or repairing the aircraft:
(a) the labor performed; and
(b) materials.
(2) A repairman may retain possession of the aircraft until the amount due under Subsection (1) is paid, subject to the rights and interests of any secured party in the aircraft that has priority in accordance with Section 38-13-205 over the lien imposed under this chapter unless the secured party requested that the repairman make, alter, repair, or perform labor on the aircraft.
(3)
(a) For a lien to be valid, a repairman shall file the lien with the Federal Aviation Administration within 90 days of the last day on which the repairman makes, alters, repairs, or performs labor on the aircraft.
(b) In addition to any requirements of 14 C.F.R. Part 49, Recording of Aircraft Titles and Security Documents, the lien filing required by Subsection (3)(a) shall:
(i) comply with Subsection 38-12-102(2); and
(ii) include:
(A) the United States Registration Number, make, model, and serial number of the aircraft subject to the lien;
(B) the name of the manufacturer, the model, and the serial number of any engine, propeller, or appliance subject to the lien, to the extent that it is not otherwise identifiable by reference to the United States Registration Number;
(C) the amount of the lien; and
(D) a narrative statement describing the nature of the labor performed.
(c) Notwithstanding the day on which the repairman files a lien with the Federal Aviation Administration, a lien filed with the Federal Aviation Administration is effective beginning the last day on which the repairman makes, alters, repairs, or performs labor on the aircraft.
(4) A repairman shall send a notice of lien to the person against whom the notice of lien is filed in accordance with Section 38-12-102.
(5) If the repairman is paid amounts owed under this section, the repairman shall file a release of lien with the Federal Aviation Administration.
Enacted by Chapter 187, 2005 General Session
2023 Utah Code › Title 38 - Liens › Chapter 13 - Aircraft Lien Act › Part 2 - Lien Provisions › Section 202 - Foreclosure on a lien.

38-13-202.
Foreclosure on a lien.
(1) A repairman shall file a foreclosure action in a court of competent jurisdiction to enforce the lien filed under this chapter within 180 days from the day on which the repairman sends notice of the lien in accordance with Section 38-12-102.
(2) In a foreclosure action filed under this section, the repairman or the repairman's attorney shall show by complaint to the court:
(a) that the repairman made, altered, repaired, or performed labor on the aircraft that entitles the repairman to a lien under this chapter;
(b) that the owner or other person entitled to possession of the aircraft requested that the repairman make, alter, repair, or perform labor described in Subsection (2)(a);
(c) that the repairman sent notice of the lien in accordance with Sections 38-12-102 and 38-13-201;
(d) that the person against whom the lien is filed failed to pay the amount owed within 30 days of the day on which the repairman sent the notice of lien described in Subsection (2)(c); and
(e) an itemized description of the amounts owed.
(3) In a foreclosure action, the amount claimed by the repairman may include:
(a) work performed;
(b) materials;
(c) interest;
(d) storage fees charged; and
(e) any costs incurred by the repairman for using enforcement procedures under this chapter, including attorneys' fees.
Enacted by Chapter 187, 2005 General Session
2023 Utah Code › Title 38 - Liens › Chapter 13 - Aircraft Lien Act › Part 2 - Lien Provisions › Section 203 - Repossession of aircraft.

38-13-203.
Repossession of aircraft.
(1) If a repairman is not in possession of the aircraft under Section 38-13-201, a repairman may take possession of an aircraft to recover the amounts owed under a lien imposed by this chapter if:
(a) the repairman obtains a foreclosure judgment under Section 38-13-202;
(b) the repairman provides written notice of the intent to take possession of the aircraft:
(i) to:
(A) the owner of the aircraft; and
(B) any person described in Subsection 38-13-204(1)(b); and
(ii) at least 15 days before the day on which the repairman takes possession of the aircraft;
(c) the aircraft is in the possession of one of the following if that person requested that the repairman make, alter, repair, or perform labor on the aircraft:
(i) the owner of the aircraft; or
(ii) other person entitled to possession of the aircraft; and
(d) the person described in Subsection (1)(c) has not paid the amount owed under this chapter before the day on which the repairman takes possession of the aircraft.
(2) Subject to the other requirements of this section, a repairman may take possession of an aircraft under this section:
(a) pursuant to judicial process; or
(b) without judicial process, if the transfer of possession of the aircraft proceeds without breach of the peace.
Enacted by Chapter 187, 2005 General Session
2023 Utah Code › Title 38 - Liens › Chapter 13 - Aircraft Lien Act › Part 2 - Lien Provisions › Section 205 - Priority of liens.

38-13-205.
Priority of liens.
(1) Except as provided in Subsection (2), a lien imposed under this chapter has priority over any lien, mortgage, security interest, or other encumbrance arising after the day on which the lien is effective in accordance with Section 38-13-201.
(2) The lien imposed under this chapter does not have priority over a lien imposed pursuant to Title 59, Chapter 2, Property Tax Act.
Enacted by Chapter 187, 2005 General Session
2023 Utah Code › Title 38 - Liens › Chapter 13 - Aircraft Lien Act › Part 2 - Lien Provisions › Section 206 - Release of aircraft by posting a bond.

38-13-206.
Release of aircraft by posting a bond.
(1) The owner or other person entitled to possession of the aircraft may have the aircraft released from any lien claimed on it under this chapter by filing with the clerk of a court of competent jurisdiction a cash or surety bond, payable to the person claiming the lien, and conditioned for the payment of any judgment that may be recovered on the lien, with costs, interest, and storage fees.
(2)
(a) The repairman has 60 days after the day on which the repairman receives notice that the owner or other person entitled to possession of the aircraft has filed the bond provided in Subsection (1) to file suit to foreclose the repairman's lien.
(b) If the repairman fails to timely file an action, the clerk of the court shall release the bond.
(3)
(a) If an owner or other person entitled to possession of the aircraft files a bond as provided in Subsection (1), the clerk of the court shall provide that person with evidence that the bond has been filed.
(b) The owner or other person entitled to possession of the aircraft shall file the evidence of a bond provided under Subsection (3)(a) with the Federal Aviation Administration.
(c) Filing the evidence provided in Subsection (3)(a) with the Federal Aviation Administration releases the lien on the aircraft if the repairman fails to foreclose on the lien within 60 days of the day on which the repairman receives notice that the owner or other person entitled to possession of the aircraft filed the bond.
Enacted by Chapter 187, 2005 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 1 - Administration › Part 1 - General Provisions › Section 101 - National Guard and Militia Act.

Effective 5/4/2022
39A-1-101.
National Guard and Militia Act.
This title governs the Utah National Guard and unorganized militia in accordance with Utah Constitution Article XV.
Enacted by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 1 - Administration › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/4/2022
39A-1-102.
Definitions.
As used in this title:
(1) "Adjutant general" means the commanding general of the Utah National Guard as appointed by the governor under Section 39A-1-201.
(2) "National Guard" means the Utah National Guard created in Section 39A-3-101 and in accordance with Utah Constitution Article XV.
(3) "Utah State Defense Force" or "Defense Force" means the unorganized militia as structured in Chapter 4 of this title.
Enacted by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 1 - Administration › Part 2 - Adjutant General › Section 201 - Adjutant general -- Appointment -- Term -- Qualifications.

Effective 5/4/2022
39A-1-201.
Adjutant general -- Appointment -- Term -- Qualifications.
(1) There shall be one adjutant general of the National Guard appointed by the governor.
(2) The adjutant general is the commanding general of the Utah National Guard and the Utah State Defense Force and holds office for a term of six years, unless terminated by resignation, disability, age, in accordance with Subsection (6), or for cause.
(3) The individual appointed to the office shall:
(a) be a citizen of Utah and meet the requirements provided in Title 32, United States Code;
(b) be a federally recognized commissioned officer, with the rank of colonel or higher, of the National Guard of the United States with no fewer than five years commissioned service in the Utah National Guard; and
(c) as determined by the governor, have sufficient knowledge and experience to command the Utah National Guard.
(4) Active service in the armed forces of the United States may be included in the requirement in Subsection (3)(b), if the officer was a member of the Utah National Guard when the officer entered that service.
(5) The adjutant general shall establish a succession plan consistent with Section 53-2a-804 to ensure the continuity of command.
(6) An officer is no longer eligible to hold the office of adjutant general after attaining the age of 64 years.
(7) The adjutant general shall ensure the readiness, training, discipline, and operations of the National Guard.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 1 - Administration › Part 2 - Adjutant General › Section 202 - Seal of adjutant general.

Effective 5/4/2022
39A-1-202.
Seal of adjutant general.
The seal of the adjutant general shall be circular in form, containing an inner circle. Within the inner circle shall be a shield with "Utah" impressed on the shield, and between the circles shall be impressed "National Guard, Adjutant General."
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 1 - Administration › Part 2 - Adjutant General › Section 203 - Director of joint staff -- Assistant adjutants general -- Chief of staff for the air force.

Effective 5/4/2022
39A-1-203.
Director of joint staff -- Assistant adjutants general -- Chief of staff for the air force.
(1) There is authorized an assistant adjutant general for the Army, an assistant adjutant general for the Air Force, a chief of staff for the Air Force, and a director of joint staff.
(2) The adjutant general, with the approval of the governor, may appoint assistant adjutant generals, a chief of staff for the Air Force, and a director of joint staff with pay from the state.
(3) The assistant adjutants general, the chief of staff for the Air Force, and the director of joint staff shall be at least a federally recognized field grade commissioned officer of the Utah National Guard with not less than five years military service in the armed forces of a state or of the United States, at least three of which shall have been commissioned in the Utah National Guard. The officers shall hold office at the pleasure of the adjutant general.
(4) The adjutant general may detail an officer without the required commissioned service in the Utah National Guard to a position in this section only with the written approval of the governor.
Enacted by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 2 - State Armory Board › Section 101 - State Armory Board -- Creation -- Members -- A body corporate -- Powers -- Expenses.

Effective 5/4/2022
39A-2-101.
State Armory Board -- Creation -- Members -- A body corporate -- Powers -- Expenses.
(1) There is created a three member State Armory Board with the following members:
(a) the governor;
(b) the executive director of the Department of Government Operations; and
(c) the adjutant general of the Utah National Guard, appointed in accordance with Section 39A-3-102.
(2) The board is a body corporate with perpetual succession and the board's property is exempt from all taxes and assessments.
(3) The board may:
(a) have and use a common seal;
(b) sue and be sued;
(c) contract and be contracted with;
(d) take and hold by purchase, gift, devise, grant, or bequest real and personal property required for the board's use; and
(e) convert property received by gift, devise, or bequest, and not suitable for the board's uses, into other property as available, or into money.
(4) The board may:
(a) borrow money for the purpose of providing facilities, ranges, and training lands upon the sole credit of the real property to which the board has legal title; and
(b) secure loans described in Subsection (4)(a) by mortgage upon property to which the State Armory Board has legal title.
(5)
(a) Property mortgaged for a loan as provided in Subsection (4)(b) shall be the sole security for the loan.
(b) A deficiency judgment may not be made, rendered, or entered against the board upon the foreclosure of a mortgage under Subsection (4)(b).
(c) The board may not mortgage property in one city for the purpose of obtaining money for the erection of armories in any other place.
(6) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
Renumbered and Amended by Chapter 373, 2022 General Session
Amended by Chapter 421, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 2 - State Armory Board › Section 102 - Responsibilities of State Armory Board.

Effective 5/4/2022
39A-2-102.
Responsibilities of State Armory Board.
(1) The board shall supervise and control all facilities, ranges, training lands, and all real property held or acquired for the military purposes of the state.
(2) The board may:
(a) provide suitable facilities, ranges, and training lands for the different organizations of the National Guard;
(b) lease real property throughout the state wherever necessary for the use of organizations of the National Guard and for the storage of state and government property at a rental that the board considers reasonable;
(c) erect facilities and ranges at places within the state that it considers necessary upon lands to which it has acquired the legal title;
(d) expend military funds to acquire legal title to lands and to construct facilities and ranges;
(e) sell and lease property that the board holds under Subsection (1) for purposes consistent with the mission of the Utah National Guard; and
(f) conduct meetings and take official action in person or as necessary via electronic means, including telephone or video teleconferencing, or a combination of these methods.
(3)
(a) Subject to Subsection (3)(b), the board may take options for the purchase of any premises under lease to the state for National Guard purposes:
(i) at any time during the life of the lease; and
(ii) when the purchase is in the state's interest.
(b) An option is not binding upon the board until it is approved by the Legislature.
(4)
(a) Before legally binding the state to sell or lease any real property owned by the National Guard, the board shall submit a description of the proposed sale to the Legislative Management Committee for its review and recommendations.
(b) Before legally binding the state to purchase any interest in real property, the board shall submit a description of the proposed sale to the Legislative Management Committee for its review and recommendations.
(c) The Legislative Management Committee shall review each proposal and may approve or disapprove the sale.
(5) The proceeds from the sales and leases of real property authorized by this section shall be appropriated to the State Armory Board to be applied toward the acquisition and sale of real property, and the construction of new armories.
(6) Funds may be deposited into a public treasury investment fund to earn interest until use.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 2 - State Armory Board › Section 103 - Political subdivisions and state agencies may assist in erecting facilities.

Effective 5/4/2022
39A-2-103.
Political subdivisions and state agencies may assist in erecting facilities.
Any political subdivision or state agency may appropriate from any funds available for general purposes funds to assist the State Armory Board in the acquisition, construction, and maintenance of Utah National Guard facilities and infrastructure.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 2 - State Armory Board › Section 104 - Use of armories by veterans organizations permitted.

Effective 5/4/2022
39A-2-104.
Use of armories by veterans organizations permitted.
Federally chartered veterans organizations have the right to the use of armories owned or leased by the state at no charge, provided that the use does not interfere with the mission of the Utah National Guard as determined by the adjutant general.
Enacted by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 3 - Utah National Guard › Part 1 - National Guard › Section 101 - Utah National Guard -- Creation.

Effective 5/4/2022
39A-3-101.
Utah National Guard -- Creation.
(1) There is created the Department of the Utah National Guard.
(2) The Utah National Guard is commanded by an adjutant general and consists of the following:
(a) the joint force headquarters;
(b) the Utah Army National Guard, commanded by an assistant adjutant general for the Army;
(c) the Utah Air National Guard, commanded by an assistant adjutant general for the Air Force; and
(d) the Utah State Defense Force as organized in Title 39A, Chapter 4, Utah State Defense Force.
(3) The numerical strength, composition, distribution, organization, arms, uniforms, equipment, training, and discipline of the National Guard shall be prescribed by the governor in conformity with the laws and regulations of the United States and the laws of this state.
(4) The location of units including headquarters, when not otherwise prescribed by federal law, shall be fixed by the governor on the recommendation of the adjutant general.
Enacted by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 3 - Utah National Guard › Part 1 - National Guard › Section 102 - Governor commander in chief -- Powers and duties.

Effective 5/4/2022
39A-3-102.
Governor commander in chief -- Powers and duties.
(1) The governor by virtue of the governor's office shall be commander in chief of the Utah National Guard.
(2) The governor:
(a) is authorized to issue all orders, rules and regulations necessary to conform the Utah National Guard to Title 32 of the United States Code in its organization, government, discipline, maintenance, training, equipment, and regulations;
(b) shall appoint and commission all officers and select all warrant officers, subject to the provisions of Title 32 of the United State Code;
(c) shall provide facilities, ranges, and training lands as required for the Utah National Guard; and
(d) may order the National Guard into active service as necessary.
(3) Notwithstanding Subsection (2)(b), an appointee who fails to receive federal recognition after being notified by the National Guard of the appointment shall revert to the status occupied before the appointment.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 3 - Utah National Guard › Part 1 - National Guard › Section 103 - National Guard subject to call by United States.

Effective 5/4/2022
39A-3-103.
National Guard subject to call by United States.
(1) The National Guard is at all times subject to the call of the President of the United States.
(2) When called into the service of the United States, the National Guard is governed by the applicable laws and military regulations of the United States.
(3) The National Guard and its members shall attend military training as required.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 3 - Utah National Guard › Part 1 - National Guard › Section 104 - Service members -- Appointment and promotion.

Effective 5/4/2022
39A-3-104.
Service members -- Appointment and promotion.
(1) All officers of the National Guard shall be appointed by the governor and receive a state commission.
(2) The power of appointment may be delegated to the adjutant general, and further delegated as the adjutant general considers necessary.
(3) Appointments are subject to approval as prescribed by the laws of the United States or related rules or regulations governing the National Guard.
(4) The appointment, promotion, and withdrawal of a federal commission shall be made in a manner consistent with all applicable federal policies, rules, instructions, or regulations.
(5) The withdrawal of a state commission shall be made in accordance with National Guard regulations in effect at the time of consideration for the withdrawal.
(6) The appointment, promotion, and reduction of enlisted personnel shall be made in a manner consistent with all applicable federal policies, rules, instructions, or regulations.
Enacted by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 3 - Utah National Guard › Part 1 - National Guard › Section 105 - General officer salary and benefits.

Effective 5/4/2022
39A-3-105.
General officer salary and benefits.
(1) Full-time, state employed general officers or officers appointed to a general officer position shall receive a salary that makes the total federal and state compensation at least commensurate with the pay and allowances for their military grade or assigned position, time in grade, and time in service as established in the United States Department of Defense Finance and Accounting Services annual pay and allowances chart.
(2) General officers appointed to state employment shall receive the benefits and protections in Section 39-1-36 for the term of the appointment.
Enacted by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 3 - Utah National Guard › Part 1 - National Guard › Section 106 - State active duty orders.

Effective 5/4/2022
39A-3-106.
State active duty orders.
(1) Orders for state duty may be oral or written.
(2) Written orders shall be issued by the governor or the adjutant general.
(3) An oral order may be delivered by an officer or noncommissioned officer.
Enacted by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 3 - Utah National Guard › Part 1 - National Guard › Section 107 - Pay and benefits of National Guard members on state active duty.

Effective 5/4/2022
39A-3-107.
Pay and benefits of National Guard members on state active duty.
(1) When called into the service of the state and not in the service of the United States, the members of the National Guard shall:
(a) receive at least the same pay and allowance as members of the regular Army or regular Air Force of like pay grade and time in service; and
(b) elect to:
(i) receive medical, dental, disability, or death benefits equal to those received by full-time, permanent state employees; or
(ii) maintain any medical, dental, disability, or death benefits already in place.
(2) The state may not make payments to members of the National Guard for service for which the United States government makes payment.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 3 - Utah National Guard › Part 1 - National Guard › Section 108 - Military property exempt from civil process.

Effective 5/4/2022
39A-3-108.
Military property exempt from civil process.
Military property issued to or owned by members of the National Guard is exempt from all civil process.
Renumbered and Amended by Chapter 373, 2022 General Session
2023 Utah Code › Title 39A - National Guard and Militia Act › Chapter 3 - Utah National Guard › Part 1 - National Guard › Section 109 - Loss of property -- Liability.

Effective 5/4/2022
39A-3-109.
Loss of property -- Liability.
(1) When Utah National Guard federal property is destroyed, damaged, or lost due to the failure of a service member to perform the duties required by law or regulation, the adjutant general may assess financial liability to the service member.
(2) Within established law and regulation, the adjutant general may require the service member to reimburse the federal government for all or part of the loss, whether the service member is in federal status, state status, or off duty.
Enacted by Chapter 373, 2022 General Session