30.53(4)
(4) Nonapplicability. Subsection (3) does not apply to or affect:
30.53(4)(a)
(a) A lien given by statute or rule of law to a supplier of services or materials for the boat.
30.53(4)(b)
(b) A lien given by statute to the United States, this state or any political subdivision of this state.
30.53(4)(c)
(c) A security interest in a boat created by a manufacturer or dealer who holds the boat for sale, which shall be governed by the applicable provisions of
ch. 409.
30.53 History
History: 1987 a. 397.
30.531
30.531
Certificate of title; requirements; exemptions. 30.531(1)(1)
Certificate. The owner of a boat subject to registration or certificate of number requirements in this state, whether or not the boat is operated on the waters of this state, shall make application for certificate of title for the boat under the following circumstances:
30.531(1)(a)
(a) If the owner has newly acquired the boat, he or she shall make application under
s. 30.533.
30.531(1)(b)
(b) If the owner applies for registration of a boat without holding a valid certificate of title previously issued to that owner by the department for the boat, he or she shall at the same time apply for a certificate of title.
30.531(2)
(2) Prerequisite to registration. Except as provided in
sub. (3), an applicant's eligibility for a certificate of title is a prerequisite to registration of the boat. If the applicant for registration holds a valid certificate of title previously issued to the applicant by the department for the boat, that is prima facie evidence of ownership of the boat and the applicant need not apply for a new certificate of title when applying for registration.
30.531(3)(a)(a)
Boats exempt from registration requirements. A boat is exempt from both the certificate of origin and certificate of title requirements of this chapter if it is exempt under
s. 30.51 (2) (a) from the certificate of number and registration requirements or exempt under
s. 30.51 (2) (b) from the certificate of number requirements of this chapter.
30.531(3)(b)
(b)
Boats under 16 feet. A boat is exempt from both the certificate of origin and certificate of title requirements of this chapter if it is less than 16 feet in length.
30.531(3)(bn)
(bn)
Boats voluntarily registered. A boat issued a registration card pursuant to
s. 30.52 (1) (b) 1m. is exempt from both the certificate of origin and certificate of title requirements of this chapter.
30.531(3)(c)
(c)
Boats purchased by nonresidents. A nonresident who purchases a boat in this state and who intends to title and register the boat in another state is not required to apply for a certificate of title under this chapter. A nonresident who purchases a boat in this state may apply for a certificate of title under this chapter.
30.533
30.533
Application for certificate of title; hull and engine identification numbers. 30.533(1)
(1)
Certificate; contents. An application for a certificate of title shall be made to the department and shall be accompanied by the required fee. Each application for certificate of title shall contain the following information:
30.533(1)(b)
(b) The name and address of the previous owner.
30.533(1)(c)
(c) A description of the boat, including, if applicable, the make, year, length, series or model, hull type and hull identification number of the boat, the make of the engine and the engine serial number for a boat with an inboard motor, and any other information which the department may reasonably require for proper identification of the boat.
30.533(1)(d)
(d) If the boat is a new boat being registered for the first time, the signature of a dealer authorized to sell such new boat and the manufacturer's certificate of origin. Such certificate of origin shall contain such information as is prescribed by the department.
30.533(1)(e)
(e) If the boat is a used boat which was last previously registered in another jurisdiction, the applicant shall furnish any certificate of ownership issued by the other jurisdiction and a statement pertaining to the title history and ownership of the boat, such statement to be in the form the department prescribes.
30.533(1)(f)
(f) If the boat is a used boat which was last previously registered or titled in this state, or both, the applicant shall furnish any certificate of number or other evidence of registration and any certificate of title previously issued by this state and a statement pertaining to the title history and ownership of the boat, such statement to be in the form the department prescribes.
30.533(1)(g)
(g) A signed statement by the applicant that the applicant has inspected the hull identification number and the engine serial number, if any, to ensure that such numbers conform with the numbers recorded on the application for a certificate of title.
30.533(1)(h)
(h) Any further evidence of ownership which may reasonably be required by the department to enable it to determine whether the owner is entitled to a certificate of title.
30.533(2)
(2) Hull identification number. If the boat contains a permanent hull identification number placed on the boat by the manufacturer of the boat, this number shall be used as the hull identification number. If there is no manufacturer's hull identification number, or if the manufacturer's hull identification number has been removed, obliterated or altered, the application for certificate of title shall so state and the secretary shall assign a hull identification number to the boat. The assigned hull identification number shall be permanently affixed to, or imprinted on, the starboard side of the transom of the boat to which the hull identification number is assigned.
30.533(3)
(3) Engine serial number. If the boat has an inboard motor which contains an engine serial number, this number shall be recorded on the certificate of title as the engine serial number. If the boat has an inboard motor which does not contain an engine serial number, or if the engine serial number has been removed, obliterated or altered, the application for certificate of title shall so state and the certificate of title shall not contain an engine serial number.
30.535
30.535
Department to examine records. Before issuing a certificate of title for a boat, the department shall check the application against the records of stolen boats in the national crime information center.
30.535 History
History: 1987 a. 397.
30.537
30.537
Certificate of title; issuance, records, fees. 30.537(1)(1)
Issuance. The department shall file each application for certificate of title received by it and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate of title, shall issue and deliver a certificate to the owner of the boat.
30.537(2)
(2) Records. The department shall file and retain for at least 5 years a record of all applications for certificate of title, including, if applicable, the manufacturer's certificate of origin, and all certificates of title issued by it:
30.537(2)(b)
(b) According to hull identification number or engine serial number or both.
30.537(2)(c)
(c) Alphabetically, according to name of owner.
30.537(2)(d)
(d) In any other manner which the department determines to be desirable.
30.537(3)
(3) Search fee. The department shall conduct a title search upon the request of an applicant for a certificate of title and shall charge a fee of $5 for each search.
30.537(4)
(4) Title fees. The department shall require that:
30.537(4)(a)
(a) The owner of the boat pay a $5 fee to file an application for the first certificate of title.
30.537(4)(b)
(b) The owner of the boat pay a $5 fee for a certificate of title after a transfer.
30.537(4)(c)
(c) The owner of the boat pay a $5 fee for a replacement certificate of title.
30.537(4)(d)
(d) The owner of a boat pay a single $5 fee for the original notation and subsequent release of a security interest on a certificate of title.
30.537(4)(e)
(e) A person who has perfected a security interest and who is notified under
s. 30.571 pay a $2 fee for each notification.
30.537(4)(f)
(f) An assignee of a security interest pay a $2 fee to be named a secured party on a certificate of title.
30.537(5)
(5) Fee restriction. The department shall not charge any fee for services under this section except as specified in
subs. (3) and
(4).
30.539
30.539
Contents of certificate of title. 30.539(1)
(1)
Information. Each certificate of title issued by the department shall contain:
30.539(1)(c)
(c) A description of the boat, including, if applicable, the make, year, length, series or model, hull type and hull identification number of the boat and, for a boat with an inboard motor, the make of the engine and the engine serial number.
30.539(1)(d)
(d) Any other data which the department deems pertinent and desirable.
30.539(2)
(2) Forms. The certificate of title shall contain forms for assignment and warranty of title by the owner, and for assignment and warranty of title by a dealer, or insurance company, and may contain forms for applying for a certificate of title by a transferee.
30.539 History
History: 1987 a. 397;
1997 a. 198.
30.54
30.54
Lost, stolen or mutilated certificates. 30.54(1)
(1) If a certificate of title is lost, stolen, mutilated or destroyed or becomes illegible, the owner or legal representative of the owner named in the certificate, as shown by the records of the department, shall promptly make application for and may obtain a replacement upon furnishing information satisfactory to the department. The replacement certificate of title shall contain the legend "This is a replacement certificate and may be subject to the rights of a person under the original certificate".
30.54(2)
(2) If a person applies for a replacement certificate under
sub. (1), conservation wardens or local law enforcement officials, after presenting appropriate credentials to the owner or legal representative of the owner named in the certificate of title, shall inspect the boat's engine serial number or hull identification number, for purposes of verification or enforcement.
30.54(3)
(3) The department shall not issue a new certificate of title to a transferee upon application made on a replacement until 15 days after receipt of the application.
30.54(4)
(4) A person recovering an original certificate of title for which a replacement has been issued shall promptly surrender the original certificate to the department.
30.54 History
History: 1987 a. 397.
30.541
30.541
Transfers of boat titles. 30.541(1)
(1)
Owners. If an owner transfers an interest in a boat, other than by the creation of a security interest, the owner shall, at the time of the delivery of the boat, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate of origin and deliver the certificate of origin and the certificate of title to the transferee. The transferee shall make application for a new certificate of title as provided under
s. 30.549 (2) and shall include in the application the certificate of origin.
30.541(2)
(2) Dealers. If a dealer acquires a new or used boat and holds it for resale the dealer need not send the certificate of title or application for original certificate to the department. Upon transferring the boat to another person the dealer shall immediately give such person on a form prescribed by the department a receipt for all title, registration, security interest and sales tax moneys paid to the dealer for transmittal to the department when required. The dealer shall promptly execute the assignment and warranty of title, showing the name and address of the transferee and of any secured party holding a security interest created or reserved at the time of the resale, in the spaces provided therefor on the certificate of origin or the certificate of title, and shall, within 7 business days following the sale or transfer, deliver the certificate of origin and the certificate of title or application for certificate of title to the transferee.
30.541(3)(a)(a) If the interest of an owner in a boat passes to another other than by voluntary transfer, the transferee shall, except as provided in
par. (b), promptly mail or deliver to the department the last certificate of title, if available, and the documents required by the department to legally effect such transfer, and an application for a new certificate in the form the department prescribes.
30.541(3)(b)
(b) If the interest of the owner is terminated or the boat is sold under a security agreement by a secured party, the transferee shall promptly mail or deliver to the department the last certificate of title, an application for a new certificate in the form the department prescribes, and an affidavit made by or on behalf of the secured party that the boat was repossessed and that the interest of the owner was lawfully terminated or sold pursuant to the terms of the security agreement.
30.541(3)(c)
(c) A person holding a certificate of title whose interest in the boat has been extinguished or transferred other than by voluntary transfer shall mail or deliver the certificate to the department upon request of the department. The delivery of the certificate pursuant to the request of the department does not affect the rights of the person surrendering the certificate, and the action of the department in issuing a new certificate of title as provided herein is not conclusive upon the rights of an owner or secured party.
30.541(3)(d)1.1. In all cases of the transfer of a boat owned by a decedent, except under
subd. 2., ward, trustee or bankrupt, if the department receives all of the following the department shall accept the following as sufficient evidence of the transfer of ownership:
30.541(3)(d)1.a.
a. Evidence satisfactory to the department of the appointment of a trustee in bankruptcy or of the issuance of letters testamentary or other letters authorizing the administration of a decedent's estate, letters of guardianship, or letters of trust.
30.541(3)(d)1.b.
b. Title executed by the personal representative, guardian, or trustee.
30.541(3)(d)1.c.
c. Evidence concerning payment of sales or use taxes required under
s. 77.61 (1) or evidence that the transfer is exempt from sales or use taxes.
30.541(3)(d)2.a.a. The department shall transfer the decedent's interest in a boat to his or her surviving spouse upon receipt of the title executed by the surviving spouse and an affidavit signed by the spouse that includes the date of death of the decedent; the approximate value and description of the boat; and a statement that the spouse is personally liable for the decedent's debts and charges to the extent of the value of the boat, subject to
s. 859.25.
30.541(3)(d)2.c.
c. Except as provided in
subd. 2. d., no more than 5 boats may be transferred under this subdivision.
30.541(3)(d)2.d.
d. The limit in
subd. 2. c. does not apply if the surviving spouse proceeds under
s. 867.03 (1g) and the total value of the decedent's property subject to administration in the state, including boats transferred under this subdivision, does not exceed $50,000.
30.541(3)(d)3.
3. Upon compliance with this paragraph, neither the secretary nor the department shall bear any liability or responsibility for the transfer of a boat in accordance with this paragraph.
30.541(4)(a)(a) The department, upon receipt of a properly assigned certificate of title, with an application for a new certificate of title, the required fee and any other transfer documents required by law, to support the transfer, shall issue a new certificate of title in the name of the transferee as owner.
30.541(4)(b)
(b) The department, upon receipt of an application for a new certificate of title by a transferee other than by voluntary transfer, with proof of the transfer, the required fee and any other documents required by law, shall issue a new certificate of title in the name of the transferee as owner.
30.541(4)(c)
(c) The department shall file and retain for 5 years a record of every surrendered certificate of title, the file to be maintained so as to permit the tracing of title of the boat designated therein.
30.541 Cross-reference
Cross-reference: See also s.
NR 5.07, Wis. adm. code.
30.543
30.543
Report of stolen or abandoned boats. Each sheriff and police department in the state shall immediately report to the department of justice each boat reported stolen or recovered within its jurisdiction and the department of justice shall subsequently report such information to the national crime information center.
30.543 History
History: 1987 a. 397.
30.544
30.544
Inspection of boats purchased out-of-state. For purposes of enforcement, conservation wardens or local law enforcement officials, after presenting appropriate credentials to the owner of a boat which was purchased outside of this state and which is subject to the certificate of title requirements of this chapter, shall inspect the boat's engine serial number or hull identification number.
