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.
30.544 History
History: 1987 a. 397.
30.547
30.547
Alterations and falsifications prohibited. 30.547(1)(1) No person may intentionally falsify an application for a certificate of title or a certificate of title issued under
s. 30.537 (1) or
30.541 (4).
30.547(2)
(2) No person may intentionally falsify an application for a certificate of number or registration issued under
s. 30.52.
30.547(3)
(3) No person may intentionally alter, remove or change any number or other character in an engine serial number.
30.547(4)
(4) No person may do any of the following:
30.547(4)(a)
(a) Intentionally alter, remove or change any number or other character in a hull identification number.
30.547(4)(b)
(b) Manufacture a hull identification number that the person knows to be false to be placed on a boat that is manufactured after November 1, 1972.
30.547(4)(c)
(c) Place a hull identification number that the person knows to be false on a boat that is manufactured after November 1, 1972.
30.549
30.549
Transfer of ownership of boats with a certificate of title, certificate of number or registration. 30.549(1)(a)(a) If the owner of a boat transfers all or any part of the owner's interest in the boat, other than by the creation of a security interest, the owner shall give the current certificate of number card or the registration card to the new owner and shall deliver the current certificate of title, if the boat is required to be titled, to the new owner as provided under
s. 30.541 (1). If the owner does not possess a current certificate of number or registration or a current title, the owner shall provide to the department any documentation or information the department determines to be necessary to effect the transfer of ownership.
30.549(1)(b)
(b) When the owner of a boat that is voluntarily registered pursuant to
s. 30.52 (1) (b) 1m. transfers all or any part of the owner's interest in the boat, other than by the creation of a security interest, the owner shall send written notification of the transfer to the department within 15 days after the date of transfer.
30.549(2)(a)(a) Transfer of the ownership of a boat terminates the certificate of title and the certificate of number or registration for the boat except in the case of a transfer of a part interest which does not affect the transferor's right to operate the boat. The transferee shall make application for a new certificate of title and a new certificate of number or registration within 10 days after the date of purchase as prescribed by the department. Upon receipt of the application accompanied by the required fee, the department shall issue a new certificate of title and a new certificate of number card or registration card for the boat.
30.549(2)(b)
(b) The purchaser of a boat that is voluntarily registered pursuant to
s. 30.52 (1) (b) 1m. need not register the boat upon transfer of ownership.
30.549(2)(c)
(c) Notwithstanding
s. 30.52 (5) (a) 2. or
(b) 2., the department may not issue new certification decals or new registration decals if the fee specified under
s. 30.52 (3) (h) rather than the appropriate fee specified under
s. 30.52 (3) (b) to
(g) is paid. The department shall not award a new identification number to the boat unless compliance with federal numbering regulations requires otherwise.
30.55
30.55
Notice of abandonment or destruction of boat or change of address. 30.55(1)
(1)
Destruction or abandonment. If a boat covered by a certificate of title and certificate of number or registration issued by this state is destroyed or abandoned, the owner shall notify the department of that fact within 15 days after the destruction or abandonment and shall at the same time return the certificate of title and certificate of number card or registration card to the department for cancellation.
30.55(2)
(2) Change of address. If a person, after applying for a certificate of title and certificate of number or registration or after receiving a certificate of title and certificate of number card or a registration card, moves from the address given in the application or the card, he or she, within 15 days after moving, shall notify the department in writing of both the old and new address and of any identification numbers awarded under this chapter.
30.553
30.553
Sharing boat title records. 30.553(1)
(1) At time intervals to be determined by the department, but at least quarterly, the department shall, upon request, provide boat manufacturers with the department's records under
ss. 30.537 (2) and
30.541 (4) (c) for the primary purpose of validating the hull identification numbers and engine serial numbers provided by applicants for certificate of title.
30.553(2)
(2) Upon examination, if a boat manufacturer discovers a discrepancy between the information contained in the department's records and the manufacturer's records, the manufacturer shall notify the department of the discrepancy and the department shall investigate and determine which is the correct information.
30.553 History
History: 1987 a. 397.
30.57
30.57
Perfection of security interests. 30.57(1)
(1) Except as provided in
sub. (2), a security interest in a boat of a type for which a certificate of title is required is not valid against creditors of the owner or subsequent transferees or secured parties of the boat unless perfected as provided in this section and
ss. 30.572 and
30.573.
30.57(2)(a)
(a) A lien given by statute to a supplier of services or materials for a boat.
30.57(2)(b)
(b) A lien given by statute to the United States, this state or a political subdivision of this state.
30.57(2)(c)
(c) A security interest governed by
ch. 409 that is created by a manufacturer or dealer who holds the boat for sale.
30.57(3)
(3) Except as provided in
sub. (4), a security interest is perfected by the delivery to the department of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the secured party, and the required fee. The security interest is perfected as of the later of the time of its delivery or the time of the attachment of the security interest.
30.57(4)
(4) If a secured party whose name and address is contained on the certificate of title for a boat acquires a new or additional security interest in the boat, the new or additional security interest is perfected at the time of its attachment under
s. 409.203.
30.57(5)
(5) An unperfected security interest is subordinate to the rights of persons described in
s. 409.317.
30.57(6)
(6) The rules of priority stated in
s. 409.322, the other sections referred to in that section, and
subch. III of ch. 409 shall, to the extent appropriate, apply to conflicting security interests in a boat of a type for which a certificate of title is required.
30.57(7)
(7) The rules stated in
subch. VI of ch. 409 governing the rights and duties of secured parties and debtors and the requirements for, and effect of, disposition of a boat by a secured party, upon default shall, to the extent appropriate, govern the rights of secured parties and owners with respect to security interests in boats perfected under this section and
ss. 30.572 and
30.573.
30.57(8)
(8) If a boat is subject to a security interest when brought into this state,
s. 409.316 states the rules which determine the validity and perfection of the security interest in this state.
30.57 History
History: 1991 a. 39;
2001 a. 10.
30.571
30.571
Notification of person who has perfected security interest. If the department receives information from another state that a boat that is titled in this state is being titled in the other state and the information does not show that a perfected security interest, as shown by the records of the department, has been satisfied, the department shall notify the person who has perfected the security interest. The person shall pay the department the fee under
s. 30.537 (4) (e) for each notification.
30.571 History
History: 1991 a. 39.
30.572
30.572
Duties on creation of security interest. 30.572(1)
(1)
Subsections (2) to
(4) apply if an owner creates a security interest in a boat of a type for which a certificate of title is required, unless the name and address of the secured party already appears on the certificate of title for the boat.
30.572(2)
(2) At the time that the security interest is created, the owner shall complete, in the space provided on the certificate of title or on a separate form prescribed by the department, an application to name the secured party on the certificate, showing the name and address of the secured party. The owner shall deliver the certificate, application and the fee required under
s. 30.537 (4) (d) to the secured party.
30.572(3)
(3) Within 10 days after receipt, the secured party shall deliver the certificate, application and fee to the department.
30.572(4)
(4) Upon receipt of the certificate of title, application and fee, the department shall issue to the owner a new certificate containing the name and address of the new secured party. The department shall deliver to the new secured party and to the register of deeds for the county in which the debtor resides, memoranda, in a form prescribed by the department, of the notation of the security interest upon the certificate. The department shall deliver to the secured party and to the register of deeds additional memoranda of any assignment, termination or release of the security interest.
30.572(5)
(5) A register of deeds may maintain a file of all memoranda received from the department under
sub. (4). A filing, however, is not required for a perfection, assignment or release of a security interest, which is effective upon compliance with
ss. 30.57 (3),
30.573 and
30.574.
30.572 History
History: 1991 a. 39.
30.573
30.573
Assignment of security interest. 30.573(1)
(1) Except as otherwise provided in
s. 409.308 (5), a secured party may assign, absolutely or otherwise, the secured party's security interest in a boat to a person other than the owner without affecting the interest of the owner or the validity of the security interest, but any person without notice of the assignment is protected in dealing with the secured party as the holder of the security interest and the secured party remains liable for any obligations as a secured party until the assignee is named as secured party on the certificate of title.
30.573(2)
(2) Subject to
s. 409.308 (5), to perfect an assignment, the assignee may deliver to the department the certificate of title, the fee required under
s. 30.537 (4) (f) and an assignment by the secured party named in the certificate in the form the department prescribes. Upon receipt, the department shall name the assignee as a secured party on the certificate and issue a new certificate.
30.573 History
History: 1991 a. 39;
2001 a. 10.
30.574
30.574
Release of security interest. 30.574(1)
(1) Within one month, or within 10 days following written demand by the debtor, after there is no outstanding obligation and no commitment to make advances, incur obligations or otherwise give value, secured by the security interest in a boat under any security agreement perfected under
ss. 30.57,
30.572 and
30.573 between the owner and the secured party, the secured party shall execute and deliver to the owner a release of the security interest in the form and manner prescribed by the department and a notice to the owner stating in no less than 10-point boldface type the owner's obligation under
sub. (2). If the secured party fails to execute and deliver the release and notice of obligation as required by this subsection, the secured party is liable to the owner for $25 and for any loss caused to the owner by the failure.
30.574(2)
(2) Within 5 days after receipt of the release and notice of obligation, the owner, other than a dealer holding the boat for resale, shall mail or deliver the certificate and release to the department. The department shall release the secured party's rights on the certificate and issue a new certificate.
30.574 History
History: 1991 a. 39.
30.575
30.575
Secured party's and owner's duties. 30.575(1)
(1) A secured party named in a certificate of title shall, upon written request of the owner or of another secured party named on the certificate, disclose any pertinent information about the secured party's security agreement and the indebtedness secured by it.
30.575(2)
(2) An owner shall promptly deliver the certificate of title to any secured party who is named on it or who has a security interest in the boat described in it under any applicable prior law of this state, upon receipt of a notice from the secured party that the secured party's security interest is to be assigned, extended or perfected.
30.575(3)
(3) A secured party who fails to disclose information under
sub. (1) shall be liable to the owner for any loss caused by the failure to disclose.
30.575(4)
(4) An owner who fails to deliver the certificate of title to a secured party requesting it under
sub. (2) shall be liable to the secured party for any loss caused to the secured party by the failure to deliver.
