An Act To Require the Secretary of State To Issue Certificates of Title for All-terrain Vehicles, Snowmobiles and Watercraft
Maine Legislature, Session 126, LD 1190
Committee: Inland Fisheries and Wildlife
Sponsors: WALLACE, GRATWICK, FITZPATRICK, FREDETTE, GIFFORD, MORIARTY, NADEAU, PRIEST, WHITTEMORE
Amends: 29-A MRSA §602, 29-A MRSA §603, 29-A MRSA §651, 29-A MRSA §652, 29-A MRSA §653, 29-A MRSA §654, 29-A MRSA §655, 29-A MRSA §657, 29-A MRSA §658, 29-A MRSA §659, 29-A MRSA §660, 29-A MRSA §661, 29-A MRSA §662, 29-A MRSA §664-A, 29-A MRSA §665, 29-A MRSA §666, 29-A MRSA §667, 29-A MRSA §668, 29-A MRSA §709

Legislative Document 
No. 1190 
H.P. 834 
House of Representatives, March 26, 2013 
An Act To Require the Secretary of State To Issue Certificates of 
Title for All-terrain Vehicles, Snowmobiles and Watercraft 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative WALLACE of Dexter. 
Cosponsored by Senator GRATWICK of Penobscot and 
Representatives: FITZPATRICK of Houlton, FREDETTE of Newport, GIFFORD of Lincoln, 
MORIARTY of Cumberland, NADEAU of Winslow, PRIEST of Brunswick, Senator: 
WHITTEMORE of Somerset. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  29-A MRSA §602, sub-§§1-B, 17-A and 21 are enacted to read: 
1-B.  All-terrain vehicle or ATV.  "All-terrain vehicle" or "ATV" has the same 
meaning as in Title 12, section 13001, subsection 3. 
17-A.  Snowmobile.  "Snowmobile" has the same meaning as in Title 12, section 
13001, subsection 25. 
21.  Watercraft.  "Watercraft" means any type of motorized vessel or craft capable 
of being used as a means of transportation on water, other than a seaplane, including the 
motor or motors and electronic and mechanical equipment and other machinery, whether 
permanently or temporarily attached, that are customarily used in the operations of the 
watercraft. "Watercraft" does not include a canoe, kayak or other vessel or craft propelled 
or drawn by human power or by electric motor or a vessel or craft located and intended to 
be permanently docked in one location and not used as a means of transportation on 
water. 
Sec. 2.  29-A MRSA §603, sub-§1-A is enacted to read: 
1-A.  Fees for ATVs, snowmobiles and watercraft.  The Secretary of State shall 
establish a fee to title ATVs, snowmobiles and watercraft. 
Sec. 3.  29-A MRSA §651, sub-§7 is enacted to read: 
7.  ATVs; snowmobiles; watercraft.  Effective January 1, 2015, the Secretary of 
State shall issue certificates of title for all new ATVs, snowmobiles and watercraft and all 
used ATVs, snowmobiles and watercraft with a model year of 2015 or later that were 
previously issued certificates of title. 
Sec. 4.  29-A MRSA §652, sub-§16, as amended by PL 2009, c. 598, §27, is 
further amended to read: 
16.  Low-speed vehicle.  A low-speed vehicle loaned by a dealer to a municipality; 
and 
Sec. 5.  29-A MRSA §652, sub-§17, as enacted by PL 2009, c. 598, §28, is 
amended to read: 
17.  Off-road vehicle.  An off-road vehicle., including a snowmobile and an ATV 
with a model year prior to 2015; or 
Sec. 6.  29-A MRSA §652, sub-§18 is enacted to read: 
18.  Watercraft.  A watercraft that is: 
A.  A model year that is prior to 2015; 
B.  Less than 12 feet in length; and 
C.  Registered or required to be registered with the United States Coast Guard 
pursuant to 46 Code of Federal Regulations, Parts 67, 68 and 69. 
Sec. 7.  29-A MRSA §652, as amended by PL 2009, c. 598, §§26 to 28, is further 
amended by inserting at the end a new paragraph to read: 
The vehicle exemptions in subsections 1, 2, 3, 4, 8 and 14 apply to ATVs, 
snowmobiles and watercraft. 
Sec. 8.  29-A MRSA §653, sub-§6 is enacted to read: 
6.  ATVs; snowmobiles; watercraft.  The provisions of this section apply to ATVs, 
snowmobiles and watercraft. 
Sec. 9.  29-A MRSA §654, sub-§6 is enacted to read: 
6.  ATVs; snowmobiles; watercraft.   The provisions of this section, except 
subsection 1, paragraph B-1, apply to ATVs, snowmobiles and watercraft. 
Sec. 10.  29-A MRSA §655, sub-§7 is enacted to read: 
7.  ATVs; snowmobiles; watercraft.  The provisions of this section apply to ATVs, 
snowmobiles and watercraft. 
Sec. 11.  29-A MRSA §657, sub-§8 is enacted to read: 
8.  ATVs; snowmobiles; watercraft.  The provisions of this section apply to ATVs, 
snowmobiles and watercraft. 
Sec. 12.  29-A MRSA §658, sub-§6 is enacted to read: 
6.  ATVs; snowmobiles; watercraft.  The provisions of this section, except 
subsection 1, paragraph E-1, apply to ATVs, snowmobiles and watercraft. 
Sec. 13.  29-A MRSA §659, sub-§5 is enacted to read: 
5.  ATVs; snowmobiles; watercraft.  The provisions of this section apply to ATVs, 
snowmobiles and watercraft. 
Sec. 14.  29-A MRSA §660, as amended by PL 1995, c. 482, Pt. A, §13, is further 
amended by inserting at the end a new paragraph to read: 
The provisions of this section apply to ATVs, snowmobiles and watercraft. 
Sec. 15.  29-A MRSA §661, sub-§4 is enacted to read: 
4.  ATVs; snowmobiles; watercraft.  The provisions of this section apply to ATVs, 
snowmobiles and watercraft. 
Sec. 16.  29-A MRSA §662, sub-§6 is enacted to read: 
6.  ATVs; snowmobiles; watercraft.  The provisions of this section apply to ATVs, 
snowmobiles and watercraft. 
Sec. 17.  29-A MRSA §664-A, sub-§8 is enacted to read: 
8.  ATVs; snowmobiles; watercraft.  The provisions of this section apply to ATVs, 
snowmobiles and watercraft. 
Sec. 18.  29-A MRSA §665, as amended by PL 2009, c. 45, §1, is further amended 
to read: 
§665.  Involuntary transfers of interest 
1.  Other than voluntary transfer.  If the interest of an owner in a vehicle passes to 
another, other than by voluntary transfer, the owner shall immediately surrender the 
certificate of title or certificate of salvage to the transferee or the Secretary of State.  
Except as otherwise provided in this section, the transferee shall promptly deliver to the 
Secretary of State the last certificate, if available, proof of the transfer and an application 
for a new certificate. 
2.  Interest terminated by lienholder.  If the interest of the owner is terminated or 
the vehicle is sold under a security agreement by a lienholder named in the certificate of 
title or salvage, the following provisions apply. 
A.    If the owner has the certificate of title or certificate of salvage, the owner shall 
immediately surrender the certificate to the lienholder or the Secretary of State. 
B.    The transferee shall promptly deliver to the Secretary of State the last certificate 
of title or certificate of salvage, an application for a new certificate and an affidavit 
made on behalf of the lienholder that the vehicle was repossessed and the interest of 
the owner was lawfully terminated or sold pursuant to the terms of the security 
agreement. 
C.    If the last certificate of title or certificate of salvage is not available, the 
lienholder may execute an assignment in the space provided on the certificate of lien. 
D.    The lienholder may apply for a certificate of title or certificate of salvage in the 
lienholder's name and execute an assignment in the space provided on the certificate 
of title or certificate of salvage. 
E.    If the lienholder holds the vehicle for resale, the lienholder need not apply for a 
new certificate.  Upon transfer to another person, the lienholder shall promptly mail 
or deliver to the transferee or to the Secretary of State the certificate showing the lien 
to be released and the affidavit and other documents required to be sent to the 
Secretary of State by the transferee. 
3.  Interest transferred. A person who holds a certificate of title or certificate of 
salvage and whose interest has been extinguished or transferred other than by voluntary 
transfer shall deliver the certificate to the Secretary of State on request. 
The delivery of the certificate does not affect the rights of a person surrendering it. 
The issuance of a new certificate is not conclusive of the rights of an owner or lienholder 
named in the old certificate. 
4.  Forfeiture of interest.  If the interest of an owner is forfeited to the State under 
Title 15, chapter 517, the following provisions apply. 
A.    The owner shall promptly deliver to the Secretary of State the certificate of title. 
B.    If the owner is unknown, the State may proceed to perfect title. 
C.    If the forfeited vehicle is resold, the Secretary of State shall issue a new 
certificate of title to the purchaser. 
D.    If the forfeiting owner fails to comply with this subsection, the Secretary of State 
shall revoke the owner's certificate of title and issue a new certificate of title to the 
purchaser. 
5.  Divorce.  When a divorce decree awards a vehicle to an individual, the following 
provisions apply. 
A.    Ownership of the vehicle passes to that individual and the ownership of the 
vehicle by any other person named on a certificate of title, certificate of salvage, 
certificate of lien or certificate of registration for the vehicle is extinguished. 
B.    The person whose ownership is extinguished shall surrender the certificate of 
title or salvage to the individual awarded the vehicle by the divorce decree. 
C.    If there is a lien on the vehicle, the lienholder shall surrender a certificate of title 
or salvage or certificate of lien for the vehicle to the Secretary of State.  The delivery 
of the certificate to the Secretary of State does not affect the rights of the lienholder. 
D.    The individual awarded the vehicle shall apply for a certificate of title or 
certificate of salvage and, if there was an unsatisfied lien at the time of the divorce 
decree, shall state the lien on the application.  Upon receipt of the application, the 
required fee, the certificate of title or salvage and proof of the award of the vehicle in 
a divorce, the Secretary of State shall issue a title in the name of the individual 
awarded the vehicle and, if there is a lien on the vehicle, shall issue a certificate of 
lien, certificate of title or certificate of salvage to the lienholder. 
6.  Repossession.  Upon the exercise of the right to take possession of a vehicle by a 
lienholder that is a creditor as defined in Title 9-A, section 1-301, subsection 17, or the 
assignee of that creditor, ownership of the vehicle vests in the lienholder, subject to the 
rights granted to the owner and the duties imposed on the lienholder under Title 9-A, 
Article 5, Part 1, Title 11, Article 9-A, Part 6 and Title 32, section 11017. 
7.  ATVs; snowmobiles; watercraft.  The provisions of this section apply to ATVs, 
snowmobiles and watercraft. 
Sec. 19.  29-A MRSA §666, as enacted by PL 1993, c. 683, Pt. A, §2 and affected 
by Pt. B, §5, is amended to read: 
§666.  Records of surrendered certificates of title 
The Secretary of State shall maintain a file for 5 years of every surrendered certificate 
for tracing title of vehicles, ATVs, snowmobiles and watercraft. 
Sec. 20.  29-A MRSA §667, sub-§8 is enacted to read: 
8.  ATVs; snowmobiles; watercraft.  The provisions of this section apply to ATVs, 
snowmobiles and watercraft. 
Sec. 21.  29-A MRSA §668, sub-§6 is enacted to read: 
6.  ATVs; snowmobiles; watercraft.  The provisions of this section apply to ATVs, 
snowmobiles and watercraft. 
Sec. 22.  29-A MRSA §709 is enacted to read: 
§709.  ATVs; snowmobiles; watercraft 
This subchapter applies to perfection of security interests in ATVs, snowmobiles and 
watercraft. 
SUMMARY 
This bill creates a titling system to be administered by the Secretary of State to title 
certain all-terrain vehicles, snowmobiles and watercraft beginning January 1, 2015.  The 
registration system currently administered by the Department of Inland Fisheries and 
Wildlife remains separate and in effect.  The bill also authorizes the Secretary of State to 
establish a fee to cover the administrative costs of titling ATVs, snowmobiles and 
watercraft.