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 27-101-1005 - Lost or damaged certificates

(a)
In the event any certificate of title is lost, mutilated, or becomes illegible, the owner or legal representative or successor in interest of the owner of the motorboat for which it was issued, as shown by the records of the Office of Motor Vehicle, shall immediately make application to the Office of Motor Vehicle for and may obtain a duplicate certificate of title if the conditions of this section are satisfied.
(b)
The following information shall be included in the application:
(1)
The year, make, model, hull identification number, and motor or engine serial number if applicable;
(2)
The name of a lienholder;
(3)
A release if the applicant claims that the lien has been released; and
(4)
Other information required by the Office of Motor Vehicle.
(c)
In addition to the application referred to in subsection (a) of this section, the following fees are imposed and shall be paid to the Office of Motor Vehicle at the time that application for issuance of a duplicate certificate of title is made:
(1)
A certificate of title application fee in the amount of eight dollars ($8.00) per motorboat; and
(2)
A certificate of title fee of two dollars ($2.00) per motorboat.
(d)
(1)
The certificate of title application fee collected under subsection (c)(1) of this section shall be remitted to the Treasurer of State separate and apart from other taxes and fees.
(2)
(A)
A percentage of the gross amount thereof shall be deducted by the Treasurer of State for the benefit of the Constitutional Officers Fund and the State Central Services Fund as required in §§
19-5-202
and
19-5-203
.
(B)
The net amount remaining after the deduction under subsection (d)(2)(A) of this section shall be distributed as follows:
(i)
Fifty percent (50%) of the net amount shall be deposited as special revenues into the State Treasury and credited to the Commercial Driver License Fund for use by the Revenue Division of the Department of Finance and Administration; and
(ii)
Fifty percent (50%) of the net amount shall be deposited into the State Treasury as trust funds and credited to the State Police Retirement Fund to be used for the State Police Retirement System.
(e)
The Office of Motor Vehicle may issue a duplicate certificate of title without notice to a lienholder if the records of the Office of Motor Vehicle do not show that a lien exists against the motorboat.
(f)
(1)
(A)
The Office of Motor Vehicle shall mail notice to a lienholder shown in the records of the Office of Motor Vehicle at the address shown in the records for the lienholder.
(B)
The notice shall state that the lienholder must respond to the Office of Motor Vehicle within ten (10) business days from the date of the notice if the lien has not been released, or the duplicate certificate of title will be issued without recording the lien.
(2)
(A)
At the earlier of the time the lienholder responds indicating that the lien has been released or the expiration of the time for response by the lienholder, the Office of Motor Vehicle may issue a duplicate certificate of title without recording the name of the lienholder.
(B)
If the lienholder timely responds indicating that the lien has not been released, the Office of Motor Vehicle may issue a duplicate certificate of title that places the name of the lienholder on the duplicate certificate title upon payment of all required lien notation and filing fees.
(g)
Upon issuance of any duplicate certificate of title, the previous certificate of title shall be void.
Added by Act 2019, No. 733,§ 16, eff. 7/24/2019.