Bill Text: MN SF172 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Watercraft titling certificate of title issuance requirements modifications
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2011-05-20 - Senate file first reading, referred to Environment, Energy and Natural Resources Policy and Finance [SF172 Detail]
Download: Minnesota-2011-SF172-Engrossed.html
1.2relating to natural resources; modifying certain requirements for titling
1.3watercraft;amending Minnesota Statutes 2010, sections 86B.825, subdivision 3;
1.486B.830, subdivision 2; 86B.850, subdivision 1; 86B.885; repealing Minnesota
1.5Statutes 2010, section 86B.850, subdivision 2.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 86B.825, subdivision 3, is amended to read:
1.8 Subd. 3. Voluntary titling. The owner of a device used or designed for navigation
1.9on water and used on the waters of this state may obtain a certificate of title for the device,
1.10even though it is not a watercraft as defined in section86B.820, subdivision 14 , in the
1.11same manner and with the same effect as the owner of a watercraft required to be titled
1.12underLaws 1989, chapter 335 sections 86B.820 to 86B.920. Once titled, the device
1.13is a titled watercraft as defined in section86B.820, subdivision 13 , and is and remains
1.14subject toLaws 1989, chapter 335 sections 86B.820 to 86B.920, to the same extent as a
1.15watercraft required to be titled.
1.16 Sec. 2. Minnesota Statutes 2010, section 86B.830, subdivision 2, is amended to read:
1.17 Subd. 2. Issuance. (a) The commissioner shall issue a certificate of title for a
1.18watercraft upon verification that:
1.19(1) the application is genuine;
1.20(2) the applicant is the owner of the watercraft; and
1.21(3) payment of the required fee.
1.22(b) The original certificate of title must be mailed to thefirst secured party disclosed
1.23in the application or, if none, to the owner named in the application. Secured parties, if
1.24any, must be mailed notification of their security interest filed.
2.1 Sec. 3. Minnesota Statutes 2010, section 86B.850, subdivision 1, is amended to read:
2.2 Subdivision 1. Form and issuance. (a) The commissioner may issue a duplicate
2.3certificate of title under this section. The duplicate certificate of title must be a certified
2.4copy plainly marked "duplicate" across its face and must contain the legend: "This
2.5duplicate certificate of title may be subject to the rights of a person under the original
2.6certificate." It must be mailedto the first secured party named in it or, if none, to the owner.
2.7The commissioner shall indicate in the department records that a duplicate has been issued.
2.8(b) As a condition to issuing a duplicate certificate of title, the commissioner may
2.9require a bond from the applicant in the manner and form prescribed in section86B.830,
2.10subdivision 4 , paragraph (b).
2.11 Sec. 4. Minnesota Statutes 2010, section 86B.885, is amended to read:
2.1286B.885 OWNER-CREATED SECURITY INTEREST.
2.13Paragraphs (a) to (d) apply if an owner creates a security interest in a titled watercraft.
2.14(a) The owner shall immediately execute the application in the space provided on the
2.15certificate of title or on a separate form prescribed by the commissioner, show the name
2.16and address of the secured party on the certificate, and have the certificate, application,
2.17and required fee delivered to the secured party.
2.18(b) The secured party shall immediately have the certificate, application, and
2.19required fee mailed or delivered to the commissioner.
2.20(c)Upon request of the owner or A second or subordinate secured party, a secured
2.21party in possession of the certificate of title shall either (1) mail or deliver the certificate
2.22to the subordinate secured party for delivery to the commissioner, or (2) upon receiving
2.23from the subordinate secured party the owner's application and the required fee, mail or
2.24deliver them to the commissioner with the certificate. The delivery of the certificate does
2.25not affect the rights of the first secured party under the security agreement.
2.26(d) Upon receiving the certificate of title, application, and required fee, the
2.27commissioner shall either endorse on the certificate or issue a new certificate containing
2.28the name and address of the new secured party, and mail or deliver the certificate to the
2.29first secured party named on it owner. The secured party or parties shall be issued a
2.30notification that the security interest has been recorded.
2.31 Sec. 5. REPEALER.
2.32Minnesota Statutes 2010, section 86B.850, subdivision 2, is repealed.
1.3watercraft;amending Minnesota Statutes 2010, sections 86B.825, subdivision 3;
1.486B.830, subdivision 2; 86B.850, subdivision 1; 86B.885; repealing Minnesota
1.5Statutes 2010, section 86B.850, subdivision 2.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 86B.825, subdivision 3, is amended to read:
1.8 Subd. 3. Voluntary titling. The owner of a device used or designed for navigation
1.9on water and used on the waters of this state may obtain a certificate of title for the device,
1.10even though it is not a watercraft as defined in section
1.11same manner and with the same effect as the owner of a watercraft required to be titled
1.12under
1.13is a titled watercraft as defined in section
1.14subject to
1.15watercraft required to be titled.
1.16 Sec. 2. Minnesota Statutes 2010, section 86B.830, subdivision 2, is amended to read:
1.17 Subd. 2. Issuance. (a) The commissioner shall issue a certificate of title for a
1.18watercraft upon verification that:
1.19(1) the application is genuine;
1.20(2) the applicant is the owner of the watercraft; and
1.21(3) payment of the required fee.
1.22(b) The original certificate of title must be mailed to the
1.23
1.24any, must be mailed notification of their security interest filed.
2.1 Sec. 3. Minnesota Statutes 2010, section 86B.850, subdivision 1, is amended to read:
2.2 Subdivision 1. Form and issuance. (a) The commissioner may issue a duplicate
2.3certificate of title under this section. The duplicate certificate of title must be a certified
2.4copy plainly marked "duplicate" across its face and must contain the legend: "This
2.5duplicate certificate of title may be subject to the rights of a person under the original
2.6certificate." It must be mailed
2.7The commissioner shall indicate in the department records that a duplicate has been issued.
2.8(b) As a condition to issuing a duplicate certificate of title, the commissioner may
2.9require a bond from the applicant in the manner and form prescribed in section
2.10subdivision 4
2.11 Sec. 4. Minnesota Statutes 2010, section 86B.885, is amended to read:
2.1286B.885 OWNER-CREATED SECURITY INTEREST.
2.13Paragraphs (a) to (d) apply if an owner creates a security interest in a titled watercraft.
2.14(a) The owner shall immediately execute the application in the space provided on the
2.15certificate of title or on a separate form prescribed by the commissioner, show the name
2.16and address of the secured party on the certificate, and have the certificate, application,
2.17and required fee delivered to the secured party.
2.18(b) The secured party shall immediately have the certificate, application, and
2.19required fee mailed or delivered to the commissioner.
2.20(c)
2.21
2.22
2.23
2.24
2.25not affect the rights of the first secured party under the security agreement.
2.26(d) Upon receiving the certificate of title, application, and required fee, the
2.27commissioner shall either endorse on the certificate or issue a new certificate containing
2.28the name and address of the new secured party, and mail or deliver the certificate to the
2.29
2.30notification that the security interest has been recorded.
2.31 Sec. 5. REPEALER.
2.32Minnesota Statutes 2010, section 86B.850, subdivision 2, is repealed.
