Chapter 04-033

2004 -- H 8312 SUBSTITUTE A

Enacted 06/09/04

A N A C T

RELATING TO WATERS AND NAVIGATION -- UNIFORM BOAT TITLE ACT

Introduced By: Representative Jan Malik

Date Introduced: March 18, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 46-22.1 of the General Laws entitled "Uniform Boat Title Act" is

hereby amended by adding thereto the following section:

46-22.1-3.1. Registration without certificate of title. - - If an applicant is unable to

provide a valid certificate of title for a vessel required to be titled under the provisions of this

chapter, then:

(1) As a condition of issuing a certificate of title, the department may accept a surety

bond, in an amount equal to the value of the boat, which shall be conditioned to protect the

department and all officers and employees of the department, any subsequent purchaser of the

boat, any person holding or acquiring a lien or security interest on the boat, and any successor in

interest of said purchaser or person, against any loss or damage on account of any defect in or

undisclosed claim upon the right, title and interest of the applicant or other person in and to the

boat. Any aforementioned interested person shall have a right of action to recover on the bond for

any breach of its conditions, but the aggregate liability of the surety to all persons shall not

exceed the amount of the bond. The bond shall expire no later than three (3) years after the date it

became effective.

(2) In the alternative, an applicant may apply to the superior court for a hearing to

determine the title to the vessel. The superior court shall require advertisement once a week for

two (2) consecutive weeks in a paper of statewide circulation, and notice by certified mail return

receipt requested to: (i) the department of environmental management; and (ii) any and all

registered owners, title or lien holders, at their last known address, at least ten (10) days prior to

the hearing date, together with any other provisions for notice the court may require. The burden

shall be on the applicant to demonstrate ownership of the boat to the court, by a preponderance of

the evidence, prior to the issuance of the title. After a hearing, the superior court shall issue an

appropriate order. The superior court may order the department to title the vessel in the name of

the applicant. Said order issued by the court shall protect the department, all officers and

employees of the department, any subsequent purchaser of the boat, any person holding or

acquiring a lien or security interest on the boat, and any successor in interest of said purchaser or

person against any loss or damage on account of any defect in or undisclosed claim upon the

right, title and interest of the applicant or other person in and to the boat.

     SECTION 2. This act shall take effect upon passage.

=======

LC02911/SUB A/2

=======