reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 10 - ARKANSAS MOTORBOAT REGISTRATION AND TITLING ACT (§§ 27-101-1001 — 27-101-1030) › Section 27-101-1008 - Organization of records

The Office of Motor Vehicle shall file each application received and issue a certificate of title if all the requirements are properly satisfied and shall register the motorboat with a certificate of number and keep a record of the application by suitable methods ensuring the records will be available as follows:
(1)
Under a distinctive certificate of number assigned to the motorboat;
(2)
Alphabetically, under the name of the owner;
(3)
Under the hull identification number, if available, otherwise any other identifying number of the motorboat; and
(4)
In any other manner to be decided at the discretion of the Office of Motor Vehicle.
Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 10 - ARKANSAS MOTORBOAT REGISTRATION AND TITLING ACT (§§ 27-101-1001 — 27-101-1030) › Section 27-101-1009 - Issuance of certificate of title

(a)
(1)
The Office of Motor Vehicle, upon registering a motorboat with a certificate of number under §
27-101-304
and upon receipt of a proper application and all required fees, shall issue a certificate of title.
(2)
The certificate of title shall be of a type that, as nearly as possible, prevents the document from being altered, counterfeited, duplicated, or simulated without ready detection.
(b)
(1)
(A)
The certificate of title shall contain upon its face the identical information required upon the face of the certificate of number.
(B)
In addition, the certificate of title shall contain:
(i)
A statement of the owner's title to the motorboat;
(ii)
A statement of all liens and encumbrances on the motorboat described in the application for the certificate of title;
(iii)
A statement as to whether possession of the motorboat is held by the owner under a lease, contract of conditional sale, or other similar agreement; and
(iv)
If a certificate of title is issued as a certificate of title with beneficiary, the information required under §
27-101-1013
.
(2)
The certificate of title shall bear the seal of the Office of Motor Vehicle.
(c)
(1)
The certificate of title shall contain upon the front side a space for the signature of the owner, and the owner shall write his or her name with pen and ink in the space upon receipt of the certificate of title, except when a surviving owner or a beneficiary applies for a new certificate of title with beneficiary under §
27-101-1013
.
(2)
The certificate of title shall also contain upon the reverse side forms for assignment of title or interest and warranty of title or interest by the owner, with space for notation of liens and encumbrances upon the motorboat at the time of a transfer.
(d)
(1)
The certificate of title shall be delivered to the owner in the event no lien or encumbrance appears thereon.
(2)
Otherwise, the certificate of title shall be delivered either to the person holding the first lien or encumbrance upon the motorboat as shown in the certificate of title or to the person named to receive it in the application for the certificate of title.
Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 10 - ARKANSAS MOTORBOAT REGISTRATION AND TITLING ACT (§§ 27-101-1001 — 27-101-1030) › Section 27-101-1010 - Certificate of title not renewed

A certificate of title shall remain valid until cancellation by the Office of Motor Vehicle for cause or when a transfer in interest of the motorboat occurs.
Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 10 - ARKANSAS MOTORBOAT REGISTRATION AND TITLING ACT (§§ 27-101-1001 — 27-101-1030) › Section 27-101-1011 - Expiration of certificate of title

(a)
(1)
A certificate of title issued under this subchapter shall expire upon the determination by the Office of Motor Vehicle that the hull identification number on the motorboat is mutilated, destroyed, or obliterated.
(2)
Upon expiration of a certificate of title under subdivision (a)(1) of this section, the Office of Motor Vehicle shall refer the owner of the motorboat to the Boating Law Administrator of the Arkansas State Game and Fish Commission to:
(A)
Issue a primary hull identification number to the motorboat; and
(B)
Verify that the owner of the motorboat permanently affixes the hull identification number to the motorboat in compliance with 33 C.F.R. Part 181, Subpart C, as in effect on January 1, 2017.
(b)
After receipt of a proper application and payment of all required fees under this subchapter, the Office of Motor Vehicle shall issue a new certificate of title using the primary hull identification number issued as provided under subsection (a) of this section.
Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 10 - ARKANSAS MOTORBOAT REGISTRATION AND TITLING ACT (§§ 27-101-1001 — 27-101-1030) › Section 27-101-1012 - Hull identification number verification

(a)
(1)
The Department of Finance and Administration shall not issue, renew, or update ownership information for a certificate of number under §
27-101-304
or a certificate of title under this subchapter until the department determines whether the motorboat has a primary hull identification number meeting the requirements of 33 C.F.R. Part 181, Subpart C, as in effect on January 1, 2017.
(2)
Verification of the hull identification number may include without limitation a submission of a clear and legible photograph or pencil rubbing of the hull identification number.
(b)
Upon determination by the department that the motorboat does not have a hull identification number as required by subsection (a) of this section, the department shall refer the owner of the motorboat to the Boating Law Administrator of the Arkansas State Game and Fish Commission to:
(1)
Assign a primary hull identification number; and
(2)
Verify that the owner permanently affixes the hull identification number to the motorboat in compliance with 33 C.F.R. Part 181, Subpart C, as in effect on January 1, 2017.
Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 10 - ARKANSAS MOTORBOAT REGISTRATION AND TITLING ACT (§§ 27-101-1001 — 27-101-1030) › Section 27-101-1014 - Liens invalid without compliance

A conditional sale contract, conditional lease, chattel mortgage, or other lien or encumbrance, or title retention instrument upon a motorboat, other than a lien dependent upon possession, is not valid against the creditors of an owner acquiring a lien by levy or attachment or subsequent purchasers or encumbrances, with or without notice, until the requirements of this subchapter have been satisfied.
Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 10 - ARKANSAS MOTORBOAT REGISTRATION AND TITLING ACT (§§ 27-101-1001 — 27-101-1030) › Section 27-101-1015 - Instruments and jurisdiction

(a)
There shall be deposited with the Office of Motor Vehicle a copy of the instrument creating and evidencing a lien or encumbrance, which is to be executed in the manner required by the laws of this state and accompanied by the certificate of title last issued for the motorboat.
(b)
If a motorboat is subject to a security interest when brought into this state, the validity of the security interest is determined by the law of the jurisdiction where the motorboat was when the security interest attached, subject to the following:
(1)
If at the time the security interest attaches the parties understand that the motorboat will be kept in this state and the motorboat is in this state within thirty (30) days after attachment for purposes other than transportation through this state, the validity of the security interest in this state is determined by the law of this state;
(2)
If a security interest is perfected under the law of the jurisdiction where the security interest attached, the following rules apply:
(A)
If the name of the lienholder is shown on an existing certificate of title issued by that jurisdiction, the lienholder's security interest continues perfected in this state; or
(B)
(i)
If the name of the lienholder is not shown on an existing certificate of title issued by that jurisdiction, the security interest continues perfected in this state for four (4) months after a first certificate of title of the motorboat is issued in this state and also thereafter if, within the four-month period, it is perfected in this state.
(ii)
Perfection dates from the time of perfection in this state if the security interest is perfected in this state after the expiration of the four-month period;
(3)
If the security interest is not perfected under the law of the jurisdiction where the security interest attached, the security interest may be perfected in this state, and perfection dates from the time of perfection in this state; or
(4)
A security interest may be perfected either under subdivision (b)(2)(B) or subdivision (b)(3) of this section as provided in subsection (a) of this section.
(c)
If the motorboat is not registered with a certificate of number and a certificate of title has not been issued for the motorboat, the certified copy of the instrument creating the lien or encumbrance shall be accompanied by an application by the owner in usual form for an original registration and issuance of an original certificate of title and any fees as required under this chapter.
Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 10 - ARKANSAS MOTORBOAT REGISTRATION AND TITLING ACT (§§ 27-101-1001 — 27-101-1030) › Section 27-101-1016 - Statement of liens - Issuance

Upon receipt of an application for a certificate of title accompanied by the documents and fees required under this subchapter, the Office of Motor Vehicle shall:
(1)
File the application and documents with the date and hour the application and documents were received noted on the application; and
(2)
If the application requirements are properly satisfied, issue a new certificate of title in the name of the owner and a statement of all liens or encumbrances certified to the Office of Motor Vehicle existing against the motorboat.
Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 10 - ARKANSAS MOTORBOAT REGISTRATION AND TITLING ACT (§§ 27-101-1001 — 27-101-1030) › Section 27-101-1017 - Filing as constructive notice

(a)
The filing and issuance of a new certificate of title as provided in this chapter shall constitute constructive notice of all liens and encumbrances against the motorboat described in the certificate of title to creditors of the owner, subsequent purchasers, and encumbrancers, except those liens as may be authorized by law dependent upon possession.
(b)
(1)
A lien is perfected on the date of execution if the documents required under §
27-101-1015
are filed with the Office of Motor Vehicle within thirty (30) days from the date of execution.
(2)
Otherwise, constructive notice shall date from the time of receipt and filing of the documents by the Office of Motor Vehicle noted on the application as required under §
27-101-1016
.
Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 10 - ARKANSAS MOTORBOAT REGISTRATION AND TITLING ACT (§§ 27-101-1001 — 27-101-1030) › Section 27-101-1018 - Optional means of recording

(a)
(1)
At his or her option, a lienholder may:
(A)
Record the lien on the manufacturer's certificate of origin;
(B)
Record the lien on an existing certificate of title; or
(C)
File with the Revenue Division of the Department of Finance and Administration a certified copy of the instrument creating and evidencing the lien or encumbrance.
(2)
The lienholder shall remit a fee in the amount of one dollar ($1.00) for each lien filed.
(3)
The recording or filing shall constitute constructive notice of the lien against the motorboat described therein to creditors of the owner, subsequent purchasers, and encumbrancers, except those liens that are by law dependent upon possession.
(4)
A photocopy of the manufacturer's certificate of origin or of an existing certificate of title, showing the lien recorded thereon and certified as a true and correct copy by the party recording the lien, shall be sufficient evidence of the recording.
(b)
(1)
(A)
The lien shall be deemed perfected and the constructive notice shall be effective from the date of the execution of the instrument creating and evidencing the lien or encumbrance if it is filed as authorized in this section within thirty (30) days after the date of the execution thereof.
(B)
If the instrument is filed more than thirty (30) days after the date of the execution thereof, the lien shall be deemed perfected and the constructive notice shall date from the time of the filing of the instrument.
(2)
However, the filing of a lien under this section by the lienholder and the payment of the required fee shall in no way relieve any person of the obligation of paying the fee required by law for filing a lien to be evidenced on a certificate of title of a motorboat.
Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 10 - ARKANSAS MOTORBOAT REGISTRATION AND TITLING ACT (§§ 27-101-1001 — 27-101-1030) › Section 27-101-1019 - Methods exclusive - Exception

(a)
The methods provided in this subchapter of giving constructive notice of a lien or encumbrance upon a motorboat shall be exclusive except as to liens dependent upon possession.
(b)
Any lien, or encumbrance, or title retention instrument filed as provided in this subchapter, and any documents evidencing them, are exempted from the provisions of law which otherwise require or relate to the recording or filing of instruments creating or evidencing title retention or other liens or encumbrances upon motorboats.
Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 10 - ARKANSAS MOTORBOAT REGISTRATION AND TITLING ACT (§§ 27-101-1001 — 27-101-1030) › Section 27-101-1020 - Misdemeanor and penalty

(a)
It is a Class C misdemeanor for any person to fail or neglect to enter the transferee's name on a properly endorsed certificate of title or fail or neglect to properly endorse and deliver a certificate of title to a transferee or owner lawfully entitled to the certificate of title.
(b)
A person found to be in possession of a motorboat with an improperly assigned certificate of title that fails to identify the transferee shall immediately establish ownership of the motorboat, register the motorboat with a certificate of number, and pay all required fees and penalties.
Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 10 - ARKANSAS MOTORBOAT REGISTRATION AND TITLING ACT (§§ 27-101-1001 — 27-101-1030) › Section 27-101-1021 - Obligations of transferee - Definition

(a)
(1)
The transferee of a motorboat shall apply for, or cause to be applied for, a registration with a certificate of number under §
27-101-304
and the issuance of a certificate of title under this subchapter within thirty (30) days after the date of the release of lien by a prior lienholder, as provided in §
27-101-1024
, or thirty (30) days after the date of the transfer if no lien exists.
(2)
A motorboat shall not be operated upon the waters of this state for more than thirty (30) days after the release of lien by a prior lienholder as provided in §
27-101-1024
, or thirty (30) days after the transfer date if no lien exists, unless a valid registration with a certificate of number and certificate of title have been issued under this chapter.
(b)
A transferee shall at the same time present the certificate of title, properly endorsed and assigned, to the Office of Motor Vehicle and apply for and obtain a new certificate of title for the motorboat, except as otherwise provided in §
27-101-1022
.
(c)
(1)
(A)
It is unlawful for a dealer or other person who sells or finances the purchase of a motorboat subject to registration with a certificate of number in this state to use a title retention note to secure his or her interest in the motorboat.
(B)
As used in this section, a "title retention note" means any instrument that grants the purchaser the right to possession and use of the motorboat, but withholds assignment of ownership on the existing certificate of title and its delivery to the purchaser, until full payment has been made by the purchaser, which makes it impossible for the purchaser to comply with subsection (b) of this section.
(2)
It shall be a Class C misdemeanor for a motorboat dealer or other seller to fail to comply with this subsection.
(d)
This section is not intended to limit the rights of a lienholder to perfect or record his or her security interest in a motorboat as provided under §§
27-101-1014
and
27-101-1019
.
Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 10 - ARKANSAS MOTORBOAT REGISTRATION AND TITLING ACT (§§ 27-101-1001 — 27-101-1030) › Section 27-101-1022 - Transfer by operation of law

(a)
Whenever the certificate of title or interest of an owner in or to a registered motorboat is transferred to another person by a method other than voluntary transfer, the registration and certificate of title of the motorboat shall expire, and the motorboat shall not be operated upon the waterways of this state for more than thirty (30) days after the date of transfer.
(b)
(1)
Upon transfer, the new owner shall secure a new registration with a certificate of number under §
27-101-304
and a new certificate of title under this subchapter, if the new owner submits to the Office of Motor Vehicle:
(A)
The application and documents required to be submitted with the application;
(B)
Payment of all required fees;
(C)
Presentation and surrender of the last certificate of title;
(D)
Evidence that the lien or encumbrance was previously recorded in this state; and
(E)
The instruments or documents of authority, or certified copies of the instruments or documents of authority, as may be sufficient or required by law to evidence or effect a transfer of certificate of title or interest in or to chattels in this case.
(2)
(A)
If the motorboat to be registered with a certificate of number and titled was previously registered with a certificate of number in a jurisdiction other than Arkansas and if the name of the new owner as lienholder is not shown on the existing certificate of title, a certificate of title shall not be issued to the new owner under this section.
(B)
Instead, the new owner may secure a new registration and certificate of title by obtaining an order issued by a court of competent jurisdiction directing issuance of the new registration with certificate of number and certificate of title.
(3)
The new owner, upon transferring his or her certificate of title or interest to another person, shall execute and acknowledge an assignment and warranty of title upon the certificate of title previously issued, if available, and deliver it, as well as the documents of authority or certified copies of the documents of authority, as may be sufficient or required by law to evidence the rights of the person, to the person to whom the transfer is made.
Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 10 - ARKANSAS MOTORBOAT REGISTRATION AND TITLING ACT (§§ 27-101-1001 — 27-101-1030) › Section 27-101-1023 - Assignment without consent of owner

(a)
A person holding a lien or encumbrance upon a motorboat, other than a lien dependent solely upon possession, may assign his or her certificate of title or interest in or to the motorboat to a person other than the owner without the consent of the owner, and without affecting the interest of the owner or the registration with certificate of number of the motorboat, but in this event, he or she shall give to the owner a written notice of the assignment.
(b)
The Office of Motor Vehicle, upon receiving a certificate of title, along with all required fees, assigned by the holder of a lien or encumbrance shown thereon and giving the name and address of the assignee, shall issue a new certificate of title as upon an original application.
Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 10 - ARKANSAS MOTORBOAT REGISTRATION AND TITLING ACT (§§ 27-101-1001 — 27-101-1030) › Section 27-101-1024 - Release of lien by lienholder - Disclosure of information - Definition

(a)
As used in this section, "final payment" means an item is paid when a payee bank or person has:
(1)
Paid for the item in cash;
(2)
Settled for the item without having a right to revoke the settlement under statute, clearinghouse rule, or agreement; or
(3)
Made a provisional settlement for the item and failed to revoke the settlement in the time and manner permitted by statute, clearinghouse rule, or agreement.
(b)
For purposes of this section, a lien or encumbrance is satisfied when the lienholder receives final payment.
(c)
(1)
Upon the satisfaction of any lien or encumbrance on a motorboat for which the certificate of title is in the possession of the lienholder, the lienholder shall within ten (10) business days from the date of receipt of final payment execute a release of the lien or encumbrance in the space provided in the certificate of title, or as the Office of Motor Vehicle prescribes, and mail or deliver the certificate of title and the release of lien or encumbrance to the next lienholder named in the certificate of title or, if none, to the owner or to any person who delivers to the lienholder an authorization from the owner to receive the certificate of title.
(2)
Upon the satisfaction of a lien or encumbrance on a motorboat for which the certificate of title is in the possession of a prior lienholder, the lienholder whose lien or encumbrance is paid in full shall within ten (10) business days of receipt of final payment execute a release of lien or encumbrance in the form the Office of Motor Vehicle prescribes and deliver the release of lien or encumbrance to the owner or to any person who delivers to the lienholder an authorization from the owner to receive it.
(d)
A lienholder named in a certificate of title shall upon written request of the owner or of another lienholder named on the certificate of title disclose any pertinent information as to his or her security agreement and the indebtedness secured.
(e)
(1)
A lienholder who fails to comply with subsection (c) of this section shall pay to the person or persons satisfying the lien or encumbrance twenty-five dollars ($25.00) for the first five (5) business days after expiration of the time period prescribed in subsection (c) of this section, and the payment shall double for each five (5) days thereafter in which there is continued noncompliance, up to a maximum of five hundred dollars ($500) for each lien.
(2)
If delivery of the certificate of title is by mail, the delivery date is the date of the postmark for purposes of this subsection.
Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 10 - ARKANSAS MOTORBOAT REGISTRATION AND TITLING ACT (§§ 27-101-1001 — 27-101-1030) › Section 27-101-1025 - Reregistration and issuance of a new title - Filing

(a)
When satisfied as to the genuineness and regularity of the transfer of a motorboat and of the right of the transferee to receive a new registration and certificate of title under this chapter, the Office of Motor Vehicle shall reregister the motorboat under §
27-101-304
and issue a new certificate of title under this subchapter as upon an original application.
(b)
The request for reregistration and issuance of a new certificate of title shall be accompanied by:
(1)
A properly endorsed certificate of title;
(2)
A completed application for registration and certificate of title as required in this chapter;
(3)
If applicable, proof the motorboat or personal watercraft is covered by a liability insurance policy issued by an insurance company authorized to do business in this state;
(4)
Payment of all required fees; and
(5)
Any other documents that may be required by the Office of Motor Vehicle.
(c)
The Office of Motor Vehicle shall:
(1)
Retain and appropriately file every surrendered certificate of title; and
(2)
Maintain the file required under subdivision (c)(1) of this section to permit the tracing of the certificate of title.
Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 10 - ARKANSAS MOTORBOAT REGISTRATION AND TITLING ACT (§§ 27-101-1001 — 27-101-1030) › Section 27-101-1026 - Transferor not liable for negligent operation

(a)
The owner of a motorboat who has made a bona fide sale or transfer of his or her certificate of title or interest and who has delivered possession of the motorboat to the purchaser or transferee is not liable for any damages resulting from negligent operation of the motorboat by another person.
(b)
The selling or transferring owner, upon delivery of possession of the motorboat, is not liable for any damage or negligence if the selling or transferring owner:
(1)
Delivers the certificate of title, properly endorsed and dated with the date of the endorsement, to the purchaser or transferee;
(2)
Delivers to the Office of Motor Vehicle or places in the United States mail, addressed to the Office of Motor Vehicle, the notice as provided in §
27-101-1027
; or
(3)
Delivers to the Office of Motor Vehicle or places in the United States mail, addressed to the Office of Motor Vehicle, the appropriate documents and fees for registration of the motorboat to the new owner under the sale or transfer.
Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 10 - ARKANSAS MOTORBOAT REGISTRATION AND TITLING ACT (§§ 27-101-1001 — 27-101-1030) › Section 27-101-1027 - Notice of sale or transfer

(a)
Whenever the owner of a motorboat registered with a certificate of number under this chapter sells or transfers the certificate of title or interest in and delivers possession of the motorboat to another person, the owner may notify the Office of Motor Vehicle of the sale or transfer.
(b)
The notice shall provide the following information:
(1)
The date of the sale or transfer;
(2)
The name and address of the owner and of the transferee;
(3)
The hull identification number;
(4)
The identifying number assigned to the motorboat under §
27-101-301
et seq.;
(5)
A description of the motorboat; and
(6)
Any other information that may be required by the Office of Motor Vehicle.
Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 10 - ARKANSAS MOTORBOAT REGISTRATION AND TITLING ACT (§§ 27-101-1001 — 27-101-1030) › Section 27-101-1028 - Time requirements for payment of lien or encumbrance - Definitions

(a)
As used in this section:
(1)
"Customer" means a person who trades in or otherwise provides a motorboat to a motorboat dealer for resale;
(2)
"Motorboat dealer" means a recognized motorboat dealer; and
(3)
"Subsequent purchaser" means a person who buys the motorboat that was provided to the motorboat dealer as a trade-in or for resale by the customer.
(b)
(1)
If a motorboat dealer takes possession of a motorboat for purposes of resale and there is an outstanding lien or encumbrance on the motorboat, the motorboat dealer shall in good faith tender full payment on the outstanding lien or encumbrance within ten (10) business days after the motorboat dealer takes possession of the motorboat from the customer.
(2)
This time period may be shortened if the customer and the motorboat dealer agree to a shorter time period.
(c)
(1)
If the motorboat dealer fails to act in good faith in tendering full payment for the outstanding lien or encumbrance within ten (10) business days or within the time period agreed to by the motorboat dealer and the customer under subdivision (b)(2) of this section, the customer shall have an absolute right to cancel the contract for sale between the customer and the motorboat dealer.
(2)
If the contract for sale is canceled under subdivision (c)(1) of this section, the motorboat dealer shall be responsible for late fees, finance charges, or any financial penalty that is required to be made by the customer as part of the existing lien or encumbrance.
(d)
(1)
If the motorboat dealer sells the motorboat to a subsequent purchaser without first tendering full payment for the outstanding lien or encumbrance, the subsequent purchaser who buys the motorboat subject to the existing lien or encumbrance shall have an absolute right to cancel the contract for sale between the subsequent purchaser and the motorboat dealer.
(2)
If the contract for sale is canceled under subdivision (d)(1) of this section, the motorboat dealer shall be responsible for late fees, finance charges, or any financial penalty that is required to be made by the subsequent purchaser as part of the existing lien or encumbrance.
Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 10 - ARKANSAS MOTORBOAT REGISTRATION AND TITLING ACT (§§ 27-101-1001 — 27-101-1030) › Section 27-101-1029 - Fees

(a)
Except as otherwise provided, all fees required under this chapter shall be paid to the Office of Motor Vehicle.
(b)
The following fees are charged under this subchapter by the Secretary of the Department of Finance an Administration:
(1)
Certificate of title with beneficiary processing fee............... $10.00
(2)
Duplicate title fee............... 2.00
(3)
Lien filing fee............... 1.00
(4)
Lien notation fee............... .50
(5)
Title application fee............... 8.00
(6)
Hull identification fee............... 25.00
Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 10 - ARKANSAS MOTORBOAT REGISTRATION AND TITLING ACT (§§ 27-101-1001 — 27-101-1030) › Section 27-101-1030 - Rules

The Secretary of the Department of Finance and Administration may promulgate rules for the administration of this subchapter.
Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 102 - SALVAGE FROM WATERWAYS (§§ 27-102-101 — 27-102-110) › Section 27-102-101 - Right to take up property lost or wrecked on river

When any boat, vessel, raft, or other property shall be lost or wrecked and in a perishable condition upon any river in this state, or any river making a boundary of the state, any person may take up and secure it at or near the place where found.
Rev. Stat., ch. 134, § 1; C. & M. Dig., § 8733; Pope's Dig., § 11426; A.S.A. 1947, § 21-301.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 102 - SALVAGE FROM WATERWAYS (§§ 27-102-101 — 27-102-110) › Section 27-102-102 - Owner's right to recover

When any person shall set up a claim to salvaged property and shall prove his or her title to it by competent testimony before any justice of the peace of the proper county, the taker up shall restore the property to the owner if he or she pays the taker up a premium for salvage, at the rate of not exceeding ten percent (10%) of the value of all the property, to be adjudged by a justice of the peace of the county.
Rev. Stat., ch. 134, § 2; C. & M. Dig., § 8734; Pope's Dig., § 11427; A.S.A. 1947, § 21-302.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 102 - SALVAGE FROM WATERWAYS (§§ 27-102-101 — 27-102-110) › Section 27-102-103 - Right to salvage payment

The taker up of a boat, vessel, raft, or other property shall be entitled to retain it against the rightful owner until salvage be paid, or he or she may have and maintain a civil action against the owner for the amount of salvage due in accordance with this chapter.
Rev. Stat., ch. 134, § 3; C. & M. Dig., § 8735; Pope's Dig., § 11428; A.S.A. 1947, § 21-303.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 102 - SALVAGE FROM WATERWAYS (§§ 27-102-101 — 27-102-110) › Section 27-102-104 - Affidavit by taker up

When any salvaged property shall be taken up and secured, if it exceeds ten dollars ($10.00) in value, the taker up shall immediately go before a justice of the peace of the county and make an affidavit that the property was wrecked or lost and was in a perishable condition, as he or she believed, and that he or she was not instrumental, directly or indirectly, in causing the property to be so wrecked, lost, or set adrift, or placed in a perishable condition. He or she shall also state on oath an exact account of the quality and quantity of the property, the time that the property was taken up, and that he or she has not secreted or disposed of, directly or indirectly, any part thereof.
Rev. Stat., ch. 134, § 4; C. & M. Dig., § 8736; Pope's Dig., § 11429; A.S.A. 1947, § 21-304.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 102 - SALVAGE FROM WATERWAYS (§§ 27-102-101 — 27-102-110) › Section 27-102-105 - Advertisement of property recovered

(a)
Within twenty (20) days after making the affidavit, the taker up shall cause to be inserted in some newspaper printed in this state, for three (3) weeks successively, a correct account of the time and place when and where the property was taken up and the description and valuation thereof. He or she shall also put up three (3) advertisements to the same effect at the most public places in the neighborhood where the property may have been taken up.
(b)
If the amount of the property taken up does not exceed fifty dollars ($50.00) in value, no publication in the newspaper is necessary.
(c)
Persons taking up property and failing to give notice as required by this section shall forfeit all claims to salvage.
Rev. Stat., ch. 134, §§ 5-7; C. & M. Dig., §§ 8737-8739; Pope's Dig., §§ 11430-11432; A.S.A. 1947, §§ 21-305 -- 21-307.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 102 - SALVAGE FROM WATERWAYS (§§ 27-102-101 — 27-102-110) › Section 27-102-106 - Salvage of rafts

When rafts are taken up, consisting of logs, firewood, rails, or other timber, the person taking up and securing them and complying with the requisitions of this subchapter shall, on the owner's claiming them, be entitled to salvage not exceeding twenty percent (20%) of the value thereof, to be adjudged by a justice of the peace of the county.
Rev. Stat., ch. 134, § 8; C. & M. Dig., § 8740; Pope's Dig., § 11433; A.S.A. 1947, § 21-308.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 102 - SALVAGE FROM WATERWAYS (§§ 27-102-101 — 27-102-110) › Section 27-102-107 - Perishable property

(a)
When any raft or boat with produce therein shall be taken up, which raft or the cargo of the boat consists of articles that are usually taken to the states of Mississippi or Louisiana for sale and the owner does not apply for or make demand of the property within twenty (20) days, then the person taking up the property may apply to a justice of the peace of the county where the property was taken up. On showing that the property so taken up is of a perishable nature and is likely to be injured or become of less value by being kept, the justice may make an order authorizing the taker up of the property to sell the property at public auction on giving notice by advertisement, as the justice may direct, or the justice may authorize the taker up to ship the property to any market where he or she may deem it most likely he or she will effect a good sale of the property.
(b)
Before the sale shall be made or the property removed for shipment to another market, the taker up shall enter into bond to the State of Arkansas, with sufficient security to be approved of by the justice, in double the value of the property so taken up. This bond shall be conditioned that if the owner shall appear and establish his or her claim to the property within one (1) year from the time of taking up the property, the taker up will pay to the owner the value of the property, deducting his or her salvage or, when taken to a market, deducting his or her salvage and reasonable expenses.
(c)
The bond shall be filed by the justice in the office of the clerk of the county court of the county where the property was taken up for the use of the owner.
(d)
The justice shall give to the taker up a copy of the order of sale or shipment with a certificate that bond has been entered into by the person for the security of the owner. The copy of the order and certificate under the hand of the justice shall be a sufficient voucher for the taker up to authorize all acts of ownership over the property.
Rev. Stat., ch. 134, §§ 9-12; C. & M. Dig., §§ 8741-8743; Pope's Dig., §§ 11434-11436; A.S.A. 1947, §§ 21-309 -- 21-312.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 102 - SALVAGE FROM WATERWAYS (§§ 27-102-101 — 27-102-110) › Section 27-102-108 - Property found afloat

When boats are wrecked or staved and property is found afloat on any watercourse in this state, and the value thereof does not exceed one hundred dollars ($100), the taker up of the property shall be entitled to salvage not exceeding one-fourth (¼) part thereof for taking up and securing the property, to be adjudged by a justice of the peace of the county.
Rev. Stat., ch. 134, § 13; C. & M. Dig., § 8744; Pope's Dig., § 11437; A.S.A. 1947, § 21-313.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 102 - SALVAGE FROM WATERWAYS (§§ 27-102-101 — 27-102-110) › Section 27-102-109 - Vesting of ownership in taker up

If no demand shall be made within one (1) year from the taking up of any property under this chapter and the taker up has complied with the provisions of this chapter in all respects, then the property so taken up or the proceeds when sold shall vest in the taker up.
Rev. Stat., ch. 134, § 14; C. & M. Dig., § 8745; Pope's Dig., § 11438; A.S.A. 1947, § 21-314.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 102 - SALVAGE FROM WATERWAYS (§§ 27-102-101 — 27-102-110) › Section 27-102-110 - Search warrant for lost property

When any person shall make oath before any justice of the peace that he or she has lost any property by wreck or by flood, storm, or other accident, give a description of the property, and further state that he or she has reason to suspect that the property so lost is secreted in the possession or custody of any person, the justice may issue his or her warrant to the constable of the township, describing the property in the warrant, requiring the constable to search for and to take into his or her possession the property when found. If the claimant shall prove his or her title to the property thus found before the justice issuing the warrant, the justice shall cause the constable to deliver to the owner the property upon payment of the fees that may be due the justice and constable for their services, which shall be the same as for like services in ordinary cases at law.
Rev. Stat., ch. 134, § 15; C. & M. Dig., § 8746; Pope's Dig., § 11439; A.S.A. 1947, § 21-315.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 114 - GENERAL PROVISIONS (§§ 27-114-101 — 27-114-104) › Section 27-114-102 - Penalties

Any person violating any of the provisions of this act shall upon conviction before a court of competent jurisdiction be sentenced to pay a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) and the cost of prosecution or undergo imprisonment for not more than thirty (30) days or suffer both fine and imprisonment. All fines collected shall be paid into the State Treasury and deposited to the credit of the Division of Arkansas State Police Fund.
Acts 1941, No. 457, § 17; A.S.A. 1947, § 74-117.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 114 - GENERAL PROVISIONS (§§ 27-114-101 — 27-114-104) › Section 27-114-103 - Evidence - License number or identification mark

In any proceeding for violating the provisions of this act or the rules of the Division of Aeronautics adopted pursuant to this act, the federal license number or identification mark displayed on the aircraft shall be prima facie evidence that the owner of the aircraft was operating the aircraft.
Amended by Act 2019, No. 315,§ 3191, eff. 7/24/2019.
Acts 1941, No. 457, § 19; A.S.A. 1947, § 74-119.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 114 - GENERAL PROVISIONS (§§ 27-114-101 — 27-114-104) › Section 27-114-104 - Evidence - Certified copies of records, etc

Any certified copies or certified photostatic copies of any records, books, papers, documents, determinations, rulings, or orders of the Division of Aeronautics, when certified under the seal of the division, shall be acceptable as evidence in the courts.
Acts 1941, No. 457, § 20; A.S.A. 1947, § 74-120.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 115 - ARKANSAS DEPARTMENT OF AERONAUTICS (§§ 27-115-101 — 27-115-110) › Section 27-115-101 - Creation

There is created a commission to be known as the "Division of Aeronautics", which shall maintain an office in the City of Little Rock.
Amended by Act 2019, No. 910,§ 634, eff. 7/1/2019.
Acts 1941, No. 457, § 2; 1961, No. 155, § 1; 1965, No. 456, § 1; A.S.A. 1947, § 74-102.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 115 - ARKANSAS DEPARTMENT OF AERONAUTICS (§§ 27-115-101 — 27-115-110) › Section 27-115-102 - Purpose

The Division of Aeronautics is established and authorized to represent the State of Arkansas in the promotion and development of landing fields, airports, hangars, and other aeronautical projects and to cooperate with and secure the cooperation of the Federal Aviation Administration and any other duly authorized federal agencies interested in the development of aeronautics.
Amended by Act 2019, No. 910,§ 635, eff. 7/1/2019.
Acts 1941, No. 457, § 23; A.S.A. 1947, § 74-123.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 115 - ARKANSAS DEPARTMENT OF AERONAUTICS (§§ 27-115-101 — 27-115-110) › Section 27-115-103 - Members

(a)
The Division of Aeronautics shall be composed of seven (7) members appointed by the Governor.
(b)
One (1) of the members shall be appointed from each of the four (4) congressional districts, and three (3) members shall be appointed from the state at large.
(c)
Appointments shall be for terms of five (5) years.
Amended by Act 2019, No. 910,§ 636, eff. 7/1/2019.
Acts 1941, No. 457, § 2; 1961, No. 155, § 1; 1965, No. 456, § 1; 1973, No. 64, § 1; 1985, No. 257, § 1; A.S.A. 1947, §§ 74-102, 74-102.1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 8 - AERONAUTICS (§§ 27-114-101 — 27-117-105) › Chapter 115 - ARKANSAS DEPARTMENT OF AERONAUTICS (§§ 27-115-101 — 27-115-110) › Section 27-115-104 - Qualifications of director

Any person employed as Director of the Division of Aeronautics shall possess the qualifications of a multi-engine commercial pilot. No other flight or pilot qualification shall be required for such director.
Amended by Act 2019, No. 910,§ 637, eff. 7/1/2019.
Acts 1969, No. 519, § 4.