Connecticut 2012 Regular Session

Connecticut Senate Bill SB00418 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		General Assembly Substitute Bill No. 418
2		-	February Session, 2012 _____~~SB00418TRA~~___~~043012~~____
	2	+	February Session, 2012 _____SB00418JUD___040212____
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4	4		General Assembly
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6	6		Substitute Bill No. 418
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8	8		February Session, 2012
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10		-	_____~~SB00418TRA~~___~~043012~~____
	10	+	_____SB00418JUD___040212____
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12	12		AN ACT ADOPTING THE UNIFORM ELECTRONIC LEGAL MATERIAL ACT AND THE UNIFORM CERTIFICATE OF TITLE FOR VESSELS ACT.
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14	14		Be it enacted by the Senate and House of Representatives in General Assembly convened:
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16	16		Section 1. (NEW) (Effective July 1, 2013) Sections 1 to 11, inclusive, of this act may be cited as the Uniform Electronic Legal Material Act.
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18	18		Sec. 2. (NEW) (Effective July 1, 2013) As used in sections 1 to 11, inclusive, of this act:
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20	20		(1) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities;
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22	22		(2) "Legal material" means, whether or not in effect:
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24	24		(A) The Constitution of the state of Connecticut;
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26	26		(B) The general statutes of the state of Connecticut;
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28	28		(C) The regulations of Connecticut state agencies; and
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30	30		(D) The reported decisions of the following state courts: The Supreme Court, the Appellate Court and the Superior Court;
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32	32		(3) "Official publisher" means: (A) For the Constitution of the state of Connecticut, the Secretary of the State;
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34	34		(B) For the general statutes of the state of Connecticut, the Joint Committee on Legislative Management;
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36	36		(C) For the regulations of Connecticut state agencies, the Secretary of the State; and
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38	38		(D) For the reported decisions of the Supreme Court, the Appellate Court and the Superior Court, the Commission on Official Legal Publications;
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40	40		(4) "Official record" means the version of legal material designated by an official publisher as the official version of such material;
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42	42		(5) "Publish" means to display, present or release to the public, or cause to be displayed, presented or released to the public by the official publisher;
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44	44		(6) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
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46	46		(7) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
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48	48		Sec. 3. (NEW) (Effective July 1, 2013) Sections 1 to 11, inclusive, of this act shall apply to all legal material in an electronic record that is designated as official under section 4 of this act and first published electronically on or after July 1, 2013.
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50	50		Sec. 4. (NEW) (Effective July 1, 2013) (a) If an official publisher publishes legal material only in an electronic record, the publisher shall: (1) Designate the electronic record as official; and (2) comply with sections 5, 7 and 8 of this act.
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52	52		(b) An official publisher that publishes legal material in an electronic record and also publishes the material in a record other than an electronic record may designate the electronic record as official if the publisher complies with sections 5, 7 and 8 of this act.
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54	54		Sec. 5. (NEW) (Effective July 1, 2013) An official publisher of legal material in an electronic record that is designated as official under section 4 of this act shall authenticate the electronic record. To authenticate an electronic record, the official publisher shall provide a method for a user to determine that the electronic record received by the user from the official publisher is unaltered from the official record published by the official publisher.
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56	56		Sec. 6. (NEW) (Effective July 1, 2013) (a) Legal material in an electronic record that is authenticated under section 5 of this act is presumed to be an accurate copy of the legal material.
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58	58		(b) If another state has adopted a law substantially similar to the provisions of sections 1 to 11, inclusive, of this act, legal material in an electronic record that is designated as official and authenticated by the official publisher in that state is presumed to be an accurate copy of the legal material.
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60	60		(c) A party contesting the authentication of legal material in an electronic record authenticated under section 5 of this act has the burden of proving by a preponderance of the evidence that the record is not authentic.
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62	62		Sec. 7. (NEW) (Effective July 1, 2013) (a) An official publisher of legal material in an electronic record that is or was designated as official under section 4 of this act shall provide for the preservation and security of the record in an electronic form or a form that is not electronic.
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64	64		(b) If legal material is preserved in an electronic record under subsection (a) of this section, the official publisher shall: (1) Ensure the integrity of the electronic record; (2) provide for backup and disaster recovery of the electronic record; and (3) ensure the continuing usability of the legal material.
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66	66		Sec. 8. (NEW) (Effective July 1, 2013) An official publisher of legal material in an electronic record that is required to be preserved under section 7 of this act shall ensure that the material is reasonably available for use by the public on a permanent basis.
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68	68		Sec. 9. (NEW) (Effective July 1, 2013) In implementing the provisions of sections 1 to 11, inclusive, of this act, an official publisher of legal material in an electronic record shall consider:
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70	70		(1) Standards and practices of other jurisdictions;
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72	72		(2) The most recent standards regarding authentication of, preservation and security of, and public access to, legal material in an electronic record and other electronic records, as promulgated by national standard-setting bodies and any standards or guidelines established by the State Librarian or the Public Records Administrator in accordance with sections 11-8 and 11-8a of the general statutes;
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74	74		(3) The needs of users of legal material in an electronic record;
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76	76		(4) The views of governmental officials and entities and other interested persons; and
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78	78		(5) To the extent practicable, methods and technologies for the authentication of, preservation and security of, and public access to, legal material which are compatible with the methods and technologies used by other official publishers in this state and in other states that have adopted a law substantially similar to the provisions of sections 1 to 11, inclusive, of this act.
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80	80		Sec. 10. (NEW) (Effective July 1, 2013) In applying and construing the provisions of the Uniform Electronic Legal Material Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact such uniform provisions.
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82	82		Sec. 11. (NEW) (Effective July 1, 2013) The provisions of sections 1 to 10, inclusive, of this act modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 et seq., but do not modify, limit or supersede Section 101(c) of said act, 15 USC 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of said act, 15 USC 7003(b).
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84	84		Sec. 12. (Effective January 1, 2015) Sections 12 to 43, inclusive, of this act may be cited as the Uniform Certificate of Title for Vessels Act.
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86	86		Sec. 13. (Effective January 1, 2015) As used in sections 12 to 43, inclusive, of this act:
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88	88		(1) "Barge" means a vessel that is not self-propelled or fitted for propulsion by sail, paddle, oar or similar device;
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90	90		(2) "Builder's certificate" means a certificate of the facts of build of a vessel described in 46 CFR 67.99;
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92	92		(3) "Buyer" means a person that buys or contracts to buy a vessel;
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94	94		(4) "Cancel", with respect to a certificate of title, means to make the certificate ineffective;
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96	96		(5) "Certificate of origin" means a record created by a manufacturer or importer as the manufacturer's or importer's proof of identity of a vessel. "Certificate of origin" includes a manufacturer's certificate or statement of origin and an importer's certificate or statement of origin. "Certificate of origin" does not include a builder's certificate;
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98	98		(6) "Certificate of title" means a record, created by the department pursuant to section 19 of this act or by a governmental agency of another jurisdiction under the law of that jurisdiction, that is designated as a certificate of title by the department or such agency and is evidence of ownership of a vessel;
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100	100		(7) "Commissioner" means the Commissioner of Motor Vehicles;
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102	102		(8) "Dealer" means a person, including a manufacturer, in the business of selling vessels;
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104	104		(9) "Department" means the Department of Motor Vehicles;
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106	106		(10) "Documented vessel" means a vessel covered by a certificate of documentation issued pursuant to 46 USC 12105. "Documented vessel" does not include a foreign-documented vessel;
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108	108		(11) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities;
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110	110		(12) "Electronic certificate of title" means a certificate of title consisting of information that is stored solely in an electronic medium and is retrievable in perceivable form;
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112	112		(13) "Foreign-documented vessel" means a vessel the ownership of which is recorded in a registry maintained by a country other than the United States that identifies each person that has an ownership interest in such vessel and includes a unique alphanumeric designation for the vessel;
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114	114		(14) "Good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing;
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116	116		(15) "Hull identification number" means the alphanumeric designation assigned to a vessel pursuant to 33 CFR 181, as amended;
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118	118		(16) "Lien creditor", with respect to a vessel, means:
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120	120		(A) A creditor that has acquired a lien on the vessel by attachment, levy or the like;
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122	122		(B) An assignee for benefit of creditors from the time of assignment;
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124	124		(C) A trustee in bankruptcy from the date of the filing of the petition; or
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126	126		(D) A receiver in equity from the time of appointment;
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128	128		(17) "Owner" means a person with legal title to a vessel;
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130	130		(18) "Owner of record" means the owner indicated in the files of the department or, if the files indicate more than one owner, the owner first indicated;
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132	132		(19) "Person" means an individual; corporation; business trust; estate; trust; statutory trust; partnership; limited liability company; association; joint venture; public corporation; government or governmental subdivision, agency or instrumentality; or any other legal or commercial entity;
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134	134		(20) "Purchase" means to take by sale, lease, mortgage, pledge, consensual lien, security interest, gift or any other voluntary transaction that creates an interest in a vessel;
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136	136		(21) "Purchaser" means a person that takes by purchase;
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138	138		(22) "Record" means information inscribed on a tangible medium or stored in an electronic or other medium that is retrievable in perceivable form;
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140	140		(23) "Secured party", with respect to a vessel, means a person:
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142	142		(A) In whose favor a security interest is created or provided for under a security agreement, whether or not any obligation to be secured is outstanding;
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144	144		(B) Who is a consignor under article 9 of title 42a of the general statutes; or
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146	146		(C) Who holds a security interest arising under section 42a-2-401, section 42a-2-505, subdivision (3) of section 42a-2-711 or subsection (d) of section 42a-2A-724 of the general statutes;
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148	148		(24) "Secured party of record" means the secured party whose name is indicated as the name of the secured party in the files of the department or, if the files indicate more than one secured party, the one first indicated;
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150	150		(25) "Security interest" means an interest in a vessel that secures payment or performance of an obligation if the interest is created by contract or arises pursuant to section 42a-2-401, section 42a-2-505, subdivision (3) of section 42a-2-711 or subsection (d) of section 42a-2A-724 of the general statutes, including, but not limited to, any interest of a consignor in a vessel in a transaction that is subject to article 9 of title 42a of the general statutes. "Security interest" does not include the special property interest of a buyer of a vessel on identification of that vessel to a contract for sale pursuant to section 42a-2-401 of the general statutes, but a buyer may also acquire a security interest by complying with article 9 of title 42a of the general statutes. Except as otherwise provided in section 42a-2-505 of the general statutes, the right of a seller or lessor of a vessel under article 2 of title 42a of the general statutes or article 2A of title 42a of the general statutes to retain or acquire possession of the vessel is not a security interest, but a seller or lessor also may acquire a security interest by complying with article 9 of title 42a of the general statutes. The retention or reservation of title by a seller of a vessel notwithstanding shipment or delivery to the buyer under section 42a-2-401 of the general statutes is limited in effect to a reservation of a security interest. Whether a transaction in the form of a lease creates a security interest is determined by section 42a-1-203 of the general statutes;
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152	152		(26) "Sign" means, with present intent to authenticate or adopt a record, to:
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154	154		(A) Make or adopt a tangible symbol; or
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156	156		(B) Attach to or logically associate with the record an electronic symbol, sound or process;
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158	158		(27) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States;
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160	160		(28) "State of principal use" means the state on whose waters a vessel is or will be used, operated, navigated or employed more than on the waters of any other state during a calendar year;
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162	162		(29) "Title brand" means a designation of previous damage, use or condition that shall be indicated on a certificate of title;
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164	164		(30) "Transfer of ownership" means a voluntary or involuntary conveyance of an interest in a vessel;
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166	166		(31) "Vessel" means any watercraft used or capable of being used as a means of transportation on water, except:
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168	168		(A) A seaplane;
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170	170		(B) An amphibious vehicle for which a certificate of title is issued pursuant to chapter 247 of the general statutes or a similar statute of another state;
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172	172		(C) Watercraft less than nineteen and one-half feet in length and propelled solely by sail, paddle or oar;
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174	174		(D) Watercraft that operate only on a permanently fixed, manufactured course and the movement of which is restricted to or guided by means of a mechanical device to which the watercraft is attached or by which the watercraft is controlled;
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176	176		(E) A stationary floating structure that:
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178	178		(i) Does not have and is not designed to have a mode of propulsion of its own;
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180	180		(ii) Is dependent for utilities upon a continuous utility hookup to a source originating on shore; and
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182	182		(iii) Has no sewage facilities or has a permanent, continuous hookup to a shoreside sewage system;
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184	184		(F) Watercraft owned by the United States, a state or a foreign government, or a political subdivision thereof; and
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186	186		(G) Watercraft used solely as a lifeboat on another watercraft;
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188	188		(32) "Vessel number" means the alphanumeric designation for a vessel issued pursuant to 46 USC 12301 and chapter 268 of the general statutes;
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190	190		(33) "Written certificate of title" means a certificate of title consisting of information inscribed on a tangible medium;
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192	192		(34) "Agreement" has the same meaning as provided in subdivision (3) of subsection (b) of section 42a-1-201 of the general statutes;
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194	194		(35) "Buyer in ordinary course of business" has the same meaning as provided in subdivision (9) of subsection (b) of section 42a-1-201 of the general statutes;
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196	196		(36) "Consumer goods" has the same meaning as provided in subdivision (23) of subsection (a) of section 42a-9-102 of the general statutes;
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198	198		(37) "Debtor" has the same meaning as provided in subdivision (28) of subsection (a) of section 42a-9-102 of the general statutes;
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200	200		(38) "Knowledge" has the same meaning as provided in section 42a-1-202 of the general statutes;
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202	202		(39) "Lease" has the same meaning as provided in subdivision (17) of subsection (a) of section 42a-2A-102 of the general statutes;
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204	204		(40) "Lessor" has the same meaning as provided in subdivision (23) of subsection (a) of section 42a-2A-102 of the general statutes;
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206	206		(41) "Notice" has the same meaning as provided in section 42a-1-202 of the general statutes;
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208	208		(42) "Sale" has the same meaning as provided in subdivision (1) of section 42a-2-106 of the general statutes;
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210	210		(43) "Security agreement" has the same meaning as provided in subdivision (74) of subsection (a) of section 42a-9-102 of the general statutes;
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212	212		(44) "Seller" has the same meaning as provided in subdivision (1) of section 42a-2-103 of the general statutes;
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214	214		(45) "Send" has the same meaning as provided in subdivision (36) of subsection (b) of section 42a-1-201 of the general statutes; and
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216	216		(46) "Value" has the same meaning as provided in section 42a-1-204 of the general statutes.
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218	218		Sec. 14. (NEW) (Effective January 1, 2015) Subject to section 38 of this act, the provisions of sections 12 to 43, inclusive, of this act shall apply to any transaction, certificate of title or record relating to a vessel, even if the transaction, certificate of title or record was entered into or created before the effective date of sections 12 to 43, inclusive, of this act.
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220	220		Sec. 15. (NEW) (Effective January 1, 2015) Unless displaced by a provision of sections 12 to 43, inclusive, of this act, the principles of law and equity supplement said sections.
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222	222		Sec. 16. (NEW) (Effective January 1, 2015) (a) The local law of the jurisdiction under whose certificate of title a vessel is covered governs all issues relating to the certificate from the time the vessel becomes covered by the certificate until the vessel becomes covered by another certificate or becomes a documented vessel, even if no other relationship exists between the jurisdiction and the vessel or its owner.
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224	224		(b) A vessel becomes covered by a certificate of title when an application for the certificate and the applicable fee are delivered to the department in accordance with sections 17 and 18 of this act or to the governmental agency that creates a certificate in another jurisdiction in accordance with the law of that jurisdiction.
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226	226		Sec. 17. (NEW) (Effective January 1, 2015) (a) Except as otherwise provided in subsections (b) and (c) of this section, the owner of a vessel for which Connecticut is the state of principal use shall deliver to the department an application for a certificate of title for the vessel, with the applicable fee, not later than twenty days after the later of:
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228	228		(1) The date of a transfer of ownership; or
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230	230		(2) The date this state becomes the state of principal use.
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232	232		(b) An application for a certificate of title is not required for:
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234	234		(1) A documented vessel;
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236	236		(2) A foreign-documented vessel;
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238	238		(3) A barge;
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240	240		(4) A vessel before delivery if the vessel is under construction or completed pursuant to contract;
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242	242		(5) A vessel held by a dealer for sale or lease; or
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244	244		(6) A vessel designated by the manufacturer as having a model year of 2015 or earlier, and any vessel manufactured or assembled prior to January 1, 2016, for which the manufacturer or assembler has not designated a model year, other than the following vessels:
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246	246		(A) A vessel for which a certificate of title has been issued by another state when this state has become the state of principal use for the vessel; or
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248	248		(B) A vessel having this state as the state of principal use that was a documented vessel or a foreign documented vessel when it becomes no longer a documented vessel or a foreign documented vessel.
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250	250		(c) The department may not issue, transfer or renew a certificate of title for a vessel issued pursuant to the requirements of 46 USC 12301, unless the department has created a certificate of title for the vessel or an application for a certificate for the vessel and the applicable fee has been delivered to the department.
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252	252		Sec. 18. (NEW) (Effective January 1, 2015) (a) Except as otherwise provided in sections 25 and 29 to 32, inclusive, of this act, only an owner may apply for a certificate of title.
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254	254		(b) An application for a certificate of title shall be on a form that the commissioner prescribes, be signed by the applicant and contain:
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256	256		(1) The applicant's name, the street address of the applicant's principal residence and, if different, the applicant's mailing address;
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258	258		(2) The name and mailing address of each other owner of the vessel;
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260	260		(3) The hull identification number for the vessel or, if none, an application to the Department of Energy and Environmental Protection for the issuance of a hull identification number for the vessel;
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262	262		(4) The vessel number for the vessel or, if none issued by the department, an application for a vessel number;
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264	264		(5) A description of the vessel as required by the department, which shall include:
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266	266		(A) The official number for the vessel, if any, assigned by the United States Coast Guard;
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268	268		(B) The name of the manufacturer, builder or maker;
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270	270		(C) The model year or the year in which the manufacture or build of the vessel was completed;
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272	272		(D) The overall length of the vessel;
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274	274		(E) The vessel type;
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276	276		(F) The hull material;
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278	278		(G) The propulsion type;
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280	280		(H) The engine drive type, if any; and
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282	282		(I) The fuel type, if any;
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284	284		(6) An indication of all security interests in the vessel known to the applicant and the name and mailing address of each secured party;
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286	286		(7) A statement that the vessel is not a documented vessel or a foreign-documented vessel;
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288	288		(8) If the application is made in connection with a transfer of ownership, the transferor's name, street address and, if different, mailing address, the sales price, if any, and the date of the transfer;
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290	290		(9) If the vessel previously was registered or titled in another jurisdiction, a statement identifying each jurisdiction known to the applicant in which the vessel was registered or titled; and
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292	292		(10) Any further information the commissioner reasonably requires to identify the vessel and to enable the commissioner to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the vessel.
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294	294		(c) In addition to the information required by subsection (b) of this section, an application for a certificate of title may contain an electronic communication address of the owner, transferor or secured party.
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296	296		(d) Except as otherwise provided in sections 29 to 32, inclusive, of this act, an application for a certificate of title shall be accompanied by:
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298	298		(1) A certificate of title signed by the owner shown on the certificate that:
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300	300		(A) Identifies the applicant as the owner of the vessel; or
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302	302		(B) Is accompanied by a record that identifies the applicant as the owner; or
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304	304		(2) If there is no certificate of title:
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306	306		(A) If the vessel was a documented vessel, a record issued by the United States Coast Guard which shows the vessel is no longer a documented vessel and identifies the applicant as the owner;
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308	308		(B) If the vessel was a foreign-documented vessel, a record issued by the foreign country which shows the vessel is no longer a foreign-documented vessel and identifies the applicant as the owner; or
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310	310		(C) In all other cases, a certificate of origin, bill of sale or other record that to the satisfaction of the department identifies the applicant as the owner.
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312	312		(e) A record submitted in connection with an application is part of the application. The department shall maintain the record in its files.
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314	314		(f) The department may require that an application for a certificate of title be accompanied by payment or evidence of payment of any or all fees and taxes payable by the applicant under law of this state, other than fees paid in connection with the application or the acquisition or use of the vessel.
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316	316		Sec. 19. (NEW) (Effective January 1, 2015) (a) Unless an application for a certificate of title is rejected pursuant to subsection (c) or (d) of this section, the department shall create a certificate for the vessel in accordance with subsection (b) of this section after delivery of an application to the department that complies with section 18 of this act.
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318	318		(b) If the department creates electronic certificates of title, the department shall create an electronic certificate unless in the application the secured party of record or, if none, the owner of record, requests that the department create a written certificate.
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320	320		(c) Except as otherwise provided in subsection (d) of this section, the department may reject an application for a certificate of title only if:
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322	322		(1) The application does not comply with section 18 of this act;
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324	324		(2) The application does not contain documentation sufficient for the department to determine whether the applicant is entitled to a certificate;
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326	326		(3) There is a reasonable basis for concluding that the application is fraudulent or issuance of a certificate would facilitate a fraudulent or illegal act; or
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328	328		(4) The application does not comply with state law.
329	329
330	330		(d) The department shall reject an application for a certificate of title for a vessel that appears from the application to be a documented vessel or a foreign-documented vessel.
331	331
332	332		(e) The department may cancel a certificate of title created by the department only if the department:
333	333
334	334		(1) Could have rejected the application for the certificate under subsection (c) of this section;
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336	336		(2) Is required to cancel the certificate pursuant to this section or section 22, 29 or 30 of this act; or
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338	338		(3) Receives satisfactory evidence that the vessel is a documented vessel or a foreign-documented vessel.
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340	340		Sec. 20. (NEW) (Effective January 1, 2015) (a) A certificate of title shall contain:
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342	342		(1) The date the certificate was created;
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344	344		(2) The name of the owner of record and, if not all owners are listed, an indication that there are additional owners indicated in the files of the department;
345	345
346	346		(3) The mailing address of the owner of record;
347	347
348	348		(4) The hull identification number;
349	349
350	350		(5) The information listed in subdivision (5) of subsection (b) of section 18 of this act;
351	351
352	352		(6) Except as otherwise provided in subsection (b) of section 25 of this act, the name and mailing address of the secured party of record, if any and, if not all secured parties are listed, an indication that there are other security interests indicated in the files of the department; and
353	353
354	354		(7) Any other data the commissioner prescribes.
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356	356		(b) Nothing in sections 12 to 43, inclusive, of this act shall preclude the department from noting on a certificate of title the name and mailing address of a secured party that is not a secured party of record.
357	357
358	358		(c) If the files of the department indicate that a vessel previously was registered or titled in a foreign country, the department shall indicate on the certificate of title that the vessel was registered or titled in that country.
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360	360		(d) A written certificate of title shall contain a form that all owners indicated on the certificate may sign to evidence consent to a transfer of an ownership interest to another person. The form shall include a certification, signed under penalty of false statement, that the statements made are true and correct to the best of each owner's knowledge, information and belief.
361	361
362	362		Sec. 21. (NEW) (Effective January 1, 2015) (a) For each record relating to a certificate of title submitted to the department, the department shall:
363	363
364	364		(1) Maintain the hull identification number and all the information submitted with the application pursuant to subsection (b) of section 18 of this act to which the record relates, including the date and time the record was delivered to the department;
365	365
366	366		(2) Maintain the files for public inspection; and
367	367
368	368		(3) Index the files of the department pursuant to subsection (b) of this section.
369	369
370	370		(b) The department shall maintain in its files the information contained in all certificates of title created pursuant to section 19 of this act. The information in the files of the department shall be searchable by the hull identification number of the vessel, the vessel number, the name of the owner of record and any other method used by the department.
371	371
372	372		(c) The department shall maintain in its files, for each vessel for which it has created a certificate of title, the name of each secured party known to the department, the name of each person known to the department to be claiming an ownership interest and all stolen property reports the department has received.
373	373
374	374		(d) Upon request, for safety, security or law enforcement purposes, the department shall provide to federal, state or local government the information in its files relating to any vessel for which the department has issued a certificate of title.
375	375
376	376		(e) Except as otherwise provided by the general statutes, the information required pursuant to section 20 of this act is a public record.
377	377
378	378		Sec. 22. (NEW) (Effective January 1, 2015) (a) On creation of a written certificate of title, the department shall send the certificate to the secured party of record or, if none, to the owner of record, at the address indicated for that person in the files of the department. On creation of an electronic certificate of title, the department shall send a record evidencing the certificate to the owner of record and, if there is one, to the secured party of record, at the address indicated for that person in the files of the department. The department may send the record to the person's mailing address or, if indicated in the files of the department, an electronic address.
379	379
380	380		(b) If the department creates a written certificate of title, any such written certificate shall cancel any such electronic certificate. The department shall maintain in its files the date and time of such cancellation.
381	381
382	382		(c) Before the department creates an electronic certificate of title, any person holding a written certificate of title shall surrender such written certificate. If the department creates an electronic certificate, the department shall destroy or otherwise cancel any such surrendered written certificate and maintain in its files the date and time of such destruction or other cancellation. If a written certificate being canceled is not destroyed, the department shall indicate on the face of the certificate that it has been canceled.
383	383
384	384		Sec. 23. (NEW) (Effective January 1, 2015) A certificate of title is prima facie evidence of the accuracy of the information in the record that constitutes the certificate. In any criminal proceeding, a certified copy of a certificate of title shall be prima facie evidence as to the ownership of a vessel.
385	385
386	386		Sec. 24. (NEW) (Effective January 1, 2015) Possession of a certificate of title does not in and of itself provide a right to obtain possession of a vessel. Garnishment, attachment, levy, replevin or other judicial process against the certificate shall not be effective to determine possessory rights to the vessel. Sections 12 to 43, inclusive, of this act do not prohibit enforcement under law of this state other than said sections of a security interest in, levy on, or foreclosure of a statutory or common law lien on a vessel. Absence of an indication of a statutory or common law lien on a certificate shall not invalidate the lien.
387	387
388	388		Sec. 25. (NEW) (Effective January 1, 2015) (a) Except as otherwise provided in this section or section 38 of this act, a security interest in a vessel may be perfected only by delivery to the department of an application for a certificate of title that identifies the secured party and otherwise complies with section 18 of this act. The security interest shall be perfected on the later of delivery to the department of the application and all applicable fees or attachment of the security interest under section 42a-9-203 of the general statutes.
389	389
390	390		(b) If the interest of a person named as owner, lessor, consignor or bailor in an application for a certificate of title delivered to the department is a security interest, the application sufficiently identifies the person as a secured party. Identification on the application for a certificate of a person as owner, lessor, consignor or bailor shall not in and of itself be a factor in determining whether the person's interest is a security interest.
391	391
392	392		(c) If the department has created a certificate of title for a vessel, a security interest in the vessel may be perfected by delivery to the department of an application, in such form as the department may require, to have the security interest added to the certificate. The application shall be signed by an owner of the vessel or by the secured party and shall include:
393	393
394	394		(1) The name of the owner of record;
395	395
396	396		(2) The name and mailing address of the secured party;
397	397
398	398		(3) The hull identification number for the vessel; and
399	399
400	400		(4) If the department has created a written certificate of title for the vessel, the certificate.
401	401
402	402		(d) A security interest perfected under subsection (c) of this section shall be perfected on the later of delivery to the department of the application and all applicable fees or attachment of the security interest under section 42a-9-203 of the general statutes.
403	403
404	404		(e) On delivery of an application that complies with subsection (c) of this section and payment of all applicable fees, the department shall create a new certificate of title pursuant to section 19 of this act and deliver the new certificate or a record evidencing an electronic certificate pursuant to subsection (a) of section 22 of this act. The department shall maintain in its files the date and time of delivery of the application to the department.
405	405
406	406		(f) If a secured party assigns a perfected security interest in a vessel, the receipt by the department of a statement providing the name of the assignee as secured party shall not be required to continue the perfected status of the security interest against creditors of and transferees from the original debtor. A purchaser of a vessel subject to a security interest which obtains a release from the secured party indicated in the files of the department or on the certificate takes free of the security interest and of the rights of a transferee unless the transfer is indicated in the files of the department or on the certificate.
407	407
408	408		(g) The provisions of this section shall not apply to a security interest:
409	409
410	410		(1) Created in a vessel by a person during any period in which the vessel is inventory held for sale or lease by the person or is leased by the person as lessor if the person is in the business of selling vessels;
411	411
412	412		(2) In a barge or any other vessel for which a certificate of title is not permitted under sections 12 to 43, inclusive, of this act; or
413	413
414	414		(3) In a vessel before delivery if the vessel is under construction, or completed, pursuant to contract and for which no application for a certificate has been delivered to the department.
415	415
416	416		(h) When a certificate of documentation for a documented vessel is deleted or canceled, if a security interest in the vessel was valid immediately before deletion or cancellation against a third party as a result of compliance with 42 USC 31321, the security interest is and remains perfected until the earlier of four months after cancellation of the certificate or the time the security interest becomes perfected under this section.
417	417
418	418		(i) A security interest in a vessel arising under section 42a-2-401 or 42a-2-505 of the general statutes, subdivision (3) of section 42a-2-711 of the general statutes or subsection (d) of section 42a-2A-724 of the general statutes shall be perfected when it attaches but shall become unperfected when the debtor obtains possession of the vessel, unless before the debtor obtains possession the security interest is perfected pursuant to subsection (a) or (c) of this section.
419	419
420	420		(j) A security interest in a vessel as proceeds of other collateral shall be perfected to the extent provided in section 42a-9-315 of the general statutes.
421	421
422	422		(k) A security interest in a vessel perfected under the law of another jurisdiction shall be perfected to the extent provided in subsection (d) of section 42a-9-316 of the general statutes.
423	423
424	424		Sec. 26. (NEW) (Effective January 1, 2015) (a) A secured party indicated in the files of the department as having a security interest in a vessel shall deliver a termination statement to the department in such form as the department prescribes and, on the debtor's request, to the debtor, by the earlier of:
425	425
426	426		(1) Twenty days after the secured party receives a signed demand from an owner for a termination statement and there is no obligation secured by the vessel subject to the security interest and no commitment to make an advance, incur an obligation or otherwise give value secured by the vessel; or
427	427
428	428		(2) If the vessel is consumer goods, thirty days after there is no obligation secured by the vessel and no commitment to make an advance, incur an obligation or otherwise give value secured by the vessel.
429	429
430	430		(b) If the department has created a written certificate of title and delivered such certificate to a secured party and a termination statement is required under subsection (a) of this section, the secured party shall, not later than the date required by subsection (a) of this section, deliver the certificate to the debtor or to the department with the statement. If the certificate is lost, stolen, mutilated, destroyed or otherwise unavailable or illegible, the secured party shall, not later than the date required by subsection (a) of this section, deliver with the statement an application for a replacement certificate meeting the requirements of section 32 of this act.
431	431
432	432		(c) On delivery to the department of a termination statement authorized by the secured party, the security interest to which the statement relates ceases to be perfected. If the security interest to which the statement relates was indicated on the certificate of title, the department shall create a new certificate and deliver such new certificate or a record evidencing an electronic certificate. The department shall maintain in its files the date and time of delivery to the department of the statement.
433	433
434	434		(d) A secured party that fails to comply with this section shall be liable for any loss that the secured party had reason to know might result from its failure to comply and that could not reasonably have been prevented and for the cost of an application for a certificate of title under section 18 or 32 of this act.
435	435
436	436		(e) The commissioner may require a secured party indicated in the files of the department as having a security interest in a vessel to electronically transmit to the department a termination statement evidencing release of its security interest in a vessel.
437	437
438	438		Sec. 27. (NEW) (Effective January 1, 2015) (a) Upon voluntary transfer of an ownership interest in a vessel covered by a certificate of title, the following rules apply:
439	439
440	440		(1) If the certificate is a written certificate of title and the transferor's interest is noted on the certificate, the transferor shall sign the certificate and deliver it to the transferee. If the transferor does not have possession of the certificate, the person in possession of the certificate shall have a duty to facilitate the transferor's compliance with this subdivision. A secured party shall not have a duty to facilitate the transferor's compliance with this subdivision if the proposed transfer is prohibited by the security agreement.
441	441
442	442		(2) If the certificate of title is an electronic certificate of title, the transferor shall sign and deliver to the transferee a record evidencing the transfer of ownership to the transferee.
443	443
444	444		(3) The transferee shall have a right enforceable by specific performance to require the transferor to comply with the provisions of subdivision (1) or (2) of this subsection.
445	445
446	446		(b) The creation of a certificate of title identifying the transferee as owner of record shall satisfy subsection (a) of this section.
447	447
448	448		(c) Failure to comply with subsection (a) of this section or to apply for a new certificate of title shall not render a transfer of ownership of a vessel ineffective. Except as otherwise provided in section 28, section 29, subsection (a) of section 33 or section 34 of this act, a transfer of ownership without compliance with subsection (a) of this section shall not be effective against another person claiming an interest in the vessel.
449	449
450	450		(d) A transferor that complies with subsection (a) of this section shall not be liable as owner of the vessel for an event occurring after the transfer, regardless of whether the transferee applies for a new certificate of title.
451	451
452	452		Sec. 28. (NEW) (Effective January 1, 2015) Except as otherwise provided in section 42a-9-337 of the general statutes, a certificate of title or other record required or authorized by sections 12 to 43, inclusive, of this act shall be effective even if it contains incorrect information or does not contain required information.
453	453
454	454		Sec. 29. (NEW) (Effective January 1, 2015) (a) For the purposes of this section, "secured party's transfer statement" means a record signed by the secured party of record stating:
455	455
456	456		(1) That there has been a default on an obligation to the secured party of record secured by the vessel;
457	457
458	458		(2) The secured party of record is exercising or has exercised post-default remedies with respect to the vessel;
459	459
460	460		(3) By reason of the exercise, the secured party of record has the right to transfer the ownership interest of an owner, and the name of the owner;
461	461
462	462		(4) The name and last known mailing address of the owner of record and the secured party of record;
463	463
464	464		(5) The name of the transferee;
465	465
466	466		(6) Other information required by subsection (b) of section 18 of this act; and
467	467
468	468		(7) One of the following:
469	469
470	470		(A) The certificate of title is an electronic certificate;
471	471
472	472		(B) The secured party does not have possession of the written certificate of title created in the name of the owner of record; or
473	473
474	474		(C) The secured party is delivering the written certificate of title to the department with the secured party's transfer statement.
475	475
476	476		(b) Unless the department rejects a secured party's transfer statement for a reason stated in subsection (c) of section 19 of this act, after delivery to the department of the statement and payment of fees and taxes payable under the law of this state, other than fees paid in connection with the statement or the acquisition or use of the vessel, the department shall:
477	477
478	478		(1) Accept the statement;
479	479
480	480		(2) Amend the files of the department to reflect the transfer; and
481	481
482	482		(3) If the name of the owner whose ownership interest is being transferred is indicated on the certificate of title:
483	483
484	484		(A) Cancel the certificate even if the certificate has not been delivered to the department;
485	485
486	486		(B) Create a new certificate indicating the transferee as owner; and
487	487
488	488		(C) Deliver the new certificate or a record evidencing an electronic certificate.
489	489
490	490		(c) An application submitted under subsection (a) of this section or the creation of a certificate of title under subsection (b) of this section shall not in and of itself be a disposition of the vessel and shall not in and of itself relieve the secured party of its duties under article 9 of title 42a of the general statutes.
491	491
492	492		Sec. 30. (NEW) (Effective January 1, 2015) (a) For purposes of this section:
493	493
494	494		(1) "By operation of law" means pursuant to a law or judicial order affecting ownership of a vessel:
495	495
496	496		(A) Because of death, divorce or other family law proceeding, merger, consolidation, dissolution or bankruptcy;
497	497
498	498		(B) Through the exercise of the rights of a lien creditor or a person having a lien created by statute or rule of law; or
499	499
500	500		(C) Through other legal process; and
501	501
502	502		(2) "Transfer-by-law statement" means a record signed by a transferee stating that by operation of law the transferee has acquired or has the right to acquire an ownership interest in a vessel.
503	503
504	504		(b) A transfer-by-law statement shall contain:
505	505
506	506		(1) The name and last known mailing address of the owner of record and the transferee and the other information required pursuant to subsection (b) of section 18 of this act;
507	507
508	508		(2) Documentation sufficient to establish the transferee's ownership interest or right to acquire the ownership interest;
509	509
510	510		(3) A statement that:
511	511
512	512		(A) The certificate of title is an electronic certificate of title;
513	513
514	514		(B) The transferee does not have possession of the written certificate of title created in the name of the owner of record; or
515	515
516	516		(C) The transferee is delivering the written certificate to the department with the transfer-by-law statement; and
517	517
518	518		(4) Except for a transfer described in subparagraph (A) of subdivision (1) of subsection (a) of this section, evidence that notification of the transfer and the intent to file the transfer-by-law statement has been sent to all persons indicated in the department's files as having an interest, including a security interest, in the vessel.
519	519
520	520		(c) Unless the department rejects a transfer-by-law statement for a reason stated in subsection (c) of section 19 of this act or because the statement does not include documentation satisfactory to the department as to the transferee's ownership interest or right to acquire the ownership interest, after delivery to the department of the statement and payment of fees and taxes payable under the law of this state other than sections 12 to 43, inclusive, of this act in connection with the statement or with the acquisition or use of the vessel, the department shall:
521	521
522	522		(1) Accept the statement;
523	523
524	524		(2) Amend its files to reflect the transfer; and
525	525
526	526		(3) If the name of the owner whose ownership interest is being transferred is indicated on the certificate of title:
527	527
528	528		(A) Cancel the certificate even if the certificate has not been delivered to the department;
529	529
530	530		(B) Create a new certificate indicating the transferee as owner;
531	531
532	532		(C) Indicate on the new certificate any security interest indicated on the canceled certificate, unless a court order provides otherwise; and
533	533
534	534		(D) Deliver the new certificate or a record evidencing an electronic certificate.
535	535
536	536		(d) The provisions of this section shall not apply to a transfer of an interest in a vessel by a secured party under sections 42a-9-601 to 42a-9-628, inclusive, of the general statutes.
537	537
538	538		Sec. 31. (NEW) (Effective January 1, 2015) (a) Except as otherwise provided in section 29 or 30 of this act, if the department receives, unaccompanied by a signed certificate of title, an application for a new certificate that includes an indication of a transfer of ownership or a termination statement, the department may create a new certificate under this section only if:
539	539
540	540		(1) All other requirements under sections 18 and 19 of this act are met;
541	541
542	542		(2) The applicant provides an affidavit stating facts showing the applicant is entitled to a transfer of ownership or termination statement;
543	543
544	544		(3) The applicant provides the department with satisfactory evidence in such form as the department prescribes that notification of the application has been sent to the owner of record and all persons indicated in the department's files as having an interest, including a security interest, in the vessel, not less than forty-five days have passed since the notification was sent, and the department has not received an objection from such owner or persons; and
545	545
546	546		(4) The applicant submits any other information required by the department as evidence of the applicant's ownership or right to terminate the security interest, and the department has no credible information indicating theft, fraud or an undisclosed or unsatisfied security interest, lien or other claim to an interest in the vessel.
547	547
548	548		(b) The department shall indicate in a certificate of title created under subsection (a) of this section that the certificate was created without submission of a signed certificate or termination statement. Unless credible information indicating theft, fraud or an undisclosed or unsatisfied security interest, lien or other claim to an interest in the vessel is delivered to the department not later than one year after creation of the certificate, on request in a form and manner required by the department, the department shall remove the indication from the certificate.
549	549
550	550		(c) Unless the department determines that the value of a vessel is less than five thousand dollars, before the department creates a certificate of title under subsection (a) of this section, the department may require the applicant to post a bond or provide an equivalent source of indemnity or security. The bond, indemnity or other security shall be in an amount equal to twice the value of the vessel as determined by the department. The bond, indemnity or other security shall be in a form required by the department and provide for indemnification of any owner, purchaser or other claimant for any expense, loss, delay or damage, including reasonable attorney's fees and costs, but not including incidental or consequential damages, resulting from creation or amendment of the certificate.
551	551
552	552		(d) Unless the department receives a claim for indemnity not later than one year after creation of a certificate of title under subsection (a) of this section, on request in a form and manner required by the department, the department shall release any bond, indemnity or other security.
553	553
554	554		Sec. 32. (NEW) (Effective January 1, 2015) (a) If a written certificate of title is lost, stolen, mutilated, destroyed or otherwise becomes unavailable or illegible, the secured party of record or, if no secured party is indicated in the department's files, the owner of record may apply for and, by furnishing information satisfactory to the department, obtain a replacement certificate in the name of the owner of record.
555	555
556	556		(b) An applicant for a replacement certificate of title shall sign the application and, except as otherwise permitted by the department, the application shall comply with section 18 of this act. The application shall include the existing certificate unless the certificate is lost, stolen, mutilated, destroyed or otherwise unavailable.
557	557
558	558		(c) A replacement certificate of title created by the department shall comply with section 20 of this act and indicate on the face of the certificate that it is a replacement certificate.
559	559
560	560		(d) If a person receiving a replacement certificate of title subsequently obtains possession of the original written certificate, the person promptly shall destroy the original certificate of title.
561	561
562	562		Sec. 33. (NEW) (Effective January 1, 2015) (a) A buyer in ordinary course of business shall have the protections afforded by subdivision (2) of section 42a-2-403 of the general statutes and subsection (a) of section 42a-9-320 of the general statutes even if an existing certificate of title was not signed and delivered to the buyer or a new certificate listing the buyer as owner of record was not created.
563	563
564	564		(b) Except as otherwise provided in sections 27 and 34 of this act, the rights of a purchaser of a vessel who is not a buyer in ordinary course of business or a lien creditor shall be governed by the provisions of title 42a of the general statutes.
565	565
566	566		Sec. 34. (NEW) (Effective January 1, 2015) (a) Subject to subsection (b) of this section, the effect of perfection and nonperfection of a security interest and the priority of a perfected or unperfected security interest with respect to the rights of a purchaser or creditor, including a lien creditor, shall be governed by the provisions of title 42a of the general statutes.
567	567
568	568		(b) If, while a security interest in a vessel is perfected by any method under section 25 of this act, the department creates a certificate of title that does not indicate that the vessel is subject to the security interest or contain a statement that it may be subject to security interests not indicated on the certificate:
569	569
570	570		(1) A buyer of the vessel, other than a person in the business of selling or leasing vessels of that kind, takes free of the security interest if the buyer, acting in good faith and without knowledge of the security interest, gives value and receives possession of the vessel; and
571	571
572	572		(2) The security interest is subordinate to a conflicting security interest in the vessel that is perfected under section 25 of this act after creation of the certificate and without the conflicting secured party's knowledge of the security interest.
573	573
574	574		Sec. 35. (NEW) (Effective January 1, 2015) (a) The department shall retain the evidence used by the department to determine the accuracy of the information in its files relating to the current ownership of a vessel and the information on the certificate of title.
575	575
576	576		(b) The department shall retain in its files all information received by the department regarding a security interest in a vessel for not less than ten years after the department receives a termination statement regarding the security interest. The information shall be accessible by the hull identification number for the vessel and any other methods provided by the department.
577	577
578	578		(c) If a person submits a record to the department, or submits information that the department accepts, and requests an acknowledgment of the filing or submission, the department shall send to the person an acknowledgment showing the hull identification number of the vessel to which the record or submission relates, the information in the filed record or submission, and the date and time the record was received or the submission accepted. A request under this section shall contain the hull identification number and be delivered by means authorized by the department.
579	579
580	580		(d) The department shall send or otherwise make available in a record the following information to any person that requests it and pays all applicable fees:
581	581
582	582		(1) Whether the files of the department indicate, as of a date and time specified by the department, but not a date earlier than ten calendar days before the department received the request, any certificate of title, security interest or termination statement that relates to a vessel:
583	583
584	584		(A) Identified by a hull identification number designated in the request;
585	585
586	586		(B) Identified by a vessel number designated in the request; or
587	587
588	588		(C) Owned by a person designated in the request;
589	589
590	590		(2) With respect to the vessel:
591	591
592	592		(A) The name and address of any owner as indicated in the files of the department or on the certificate of title;
593	593
594	594		(B) The name and address of any secured party as indicated in the files of the department or on the certificate, and the effective date of the information; and
595	595
596	596		(C) A copy of any termination statement indicated in the files of the department and the effective date of the termination statement; and
597	597
598	598		(3) With respect to the vessel, a copy of any certificate of origin, secured party transfer statement, transfer-by-law statement under section 30 of this act and other evidence of previous or current transfers of ownership.
599	599
600	600		(e) In responding to a request under this section, the department may provide the requested information in any medium, provided on request and upon payment of all applicable fees, the department shall communicate the requested information by issuing the department's written document.
601	601
602	602		Sec. 36. (NEW) (Effective January 1, 2015) In applying and construing the provisions of the Uniform Certificate of Title for Vessels Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact such uniform provisions.
603	603
604	604		Sec. 37. (NEW) (Effective January 1, 2015) The provisions of sections 12 to 43, inclusive, of this act modify, limit, and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 USC 7001, et seq., but do not modify, limit or supersede Section 101(c) of said act, 15 USC 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of said act, 15 USC 7003(b).
605	605
606	606		Sec. 38. (NEW) (Effective January 1, 2015) (a) The rights, duties and interests flowing from a transaction, certificate of title or record relating to a vessel which was validly entered into or created before January 1, 2015, and would be subject to sections 12 to 43, inclusive, of this act if it had been entered into or created on or after January 1, 2015, remain valid on and after January 1, 2015.
607	607
608	608		(b) Sections 12 to 43, inclusive, of this act do not affect an action or proceeding commenced before January 1, 2015.
609	609
610	610		(c) Except as otherwise provided in subsection (d) of this section, a security interest that is enforceable immediately before January 1, 2015, and would have priority over the rights of a person that becomes a lien creditor at that time is a perfected security interest under sections 12 to 43, inclusive, of this act.
611	611
612	612		(d) A security interest in a vessel for which a certificate of title is required under sections 12 to 43, inclusive, of this act that is perfected immediately before January 1, 2015, remains perfected until the earlier of:
613	613
614	614		(1) The time perfection would have ceased under the law under which the security interest was perfected; or
615	615
616	616		(2) January 1, 2018.
617	617
618	618		(e) Sections 12 to 43, inclusive, of this act shall not affect the priority of a security interest in a vessel if immediately before January 1, 2015, the security interest is enforceable and perfected, and that priority is established.
619	619
620	620		Sec. 39. (NEW) (Effective January 1, 2015) (a) The department shall be paid the following fees: (1) For filing an application for a certificate of title, twenty-five dollars; (2) for each security interest noted upon a certificate of title or maintained in the electronic title file pursuant to subsection (b) of section 25 of this act, ten dollars; (3) for each record copy search, twenty dollars; (4) for each assignment of a security interest noted upon a certificate of title or maintained in the electronic title file, ten dollars; (5) for an application for a duplicate certificate of title, twenty-five dollars, provided such fee shall not be required for any such duplicate certificate of title; (6) for filing a notice of security interest, ten dollars; (7) for filing a termination statement relating to a security interest pursuant to section 26 of this act, ten dollars; (8) for filing a secured party's transfer statement pursuant to section 29 of this act, twenty-five dollars; (9) for filing a transfer-by-law statement pursuant to section 30 of this act, twenty-five dollars; (10) for filing an application for transfer of ownership or termination of a security interest without a certificate of title pursuant to section 31 of this act, twenty-five dollars; (11) for a certificate of search of the records of the department for each name or hull identification number searched against, twenty dollars; (12) for filing an assignment of security interest, ten dollars; (13) for search of a vessel certificate of title record, requested by a person other than the owner of record of such vessel, twenty dollars; and (14) for a certified copy of any documentation, information or other record maintained or created by the department, twenty dollars.
621	621
622	622		(b) If an application, certificate of title or other document required to be mailed or delivered to the department under any provision of sections 12 to 43, inclusive, of this act is not delivered to the department within ten days from the time it is required to be mailed or delivered, the department shall collect, as a penalty, an amount equal to the fee required for the transaction.
623	623
624	624		(c) Vessels leased to an agency of this state and vessels owned by the state, an agency of the state or a municipality, as defined in section 7-245 of the general statutes, shall be exempt from the fees imposed by this section.
625	625
626	626		Sec. 40. (NEW) (Effective January 1, 2015) (a) The commissioner shall prescribe and provide suitable forms of applications, certificates of title, notices of security interests and all other notices and forms necessary to carry out the provisions of sections 12 to 43, inclusive, of this act.
627	627
628	628		(b) The commissioner may: (1) Make necessary investigations to procure information required to carry out the provisions of sections 12 to 43, inclusive, of this act; and (2) adopt and enforce reasonable rules to carry out the provisions of said sections of this act.
629	629
630	630		(c) The commissioner may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to provide for the implementation of any of the provisions of sections 12 to 43, inclusive, of this act and for the placement of additional indications on any certificate of title concerning the condition of or status of title to any vessel. An indication shall be placed on a certificate of title stating that the vessel may be subject to security interests not shown on the certificate when: (1) This state becomes the state of principal use of the vessel from another state; (2) the vessel was not a documented or foreign-documented vessel immediately prior to the application for the certificate of title; and (3) the immediately previous state of principal use of the vessel did not issue, or does not have a requirement for, a certificate of title for the vessel. Such regulations, as may be adopted by the commissioner, shall provide for an opportunity for a hearing, in accordance with the provisions of chapter 54 of the general statutes and section 41 of this act, for any person aggrieved by any action, omission to act or decision of the commissioner or of the department made pursuant to this subsection.
631	631
632	632		(d) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, concerning the inclusion of a title brand on a certificate of title for a vessel. In adopting such regulations the commissioner shall consider whether special branding categories such as "hull damaged" shall be included on the certificate of title for a vessel.
633	633
634	634		Sec. 41. (NEW) (Effective January 1, 2015) A person aggrieved by an action, omission to act or decision of the commissioner or of the department under sections 12 to 43, inclusive, of this act shall be entitled, upon request, to a hearing in accordance with the provisions of chapter 54 of the general statutes.
635	635
636	636		Sec. 42. (NEW) (Effective January 1, 2015) A person aggrieved by an action, omission to act or decision of the commissioner or of the department under sections 12 to 43, inclusive, of this act may appeal therefrom in accordance with the provisions of section 4-183 of the general statutes, except venue for such appeal shall be in the judicial district of New Britain.
637	637
638	638		Sec. 43. (NEW) (Effective January 1, 2015) (a) A person who, with fraudulent intent: (1) Alters, forges or counterfeits a certificate of title; (2) alters or forges an assignment of a certificate of title, or an assignment or release of a security interest or a termination statement, on a certificate of title or a form the department prescribes; (3) has possession of or uses a certificate of title knowing it to have been altered, forged or counterfeited; or (4) uses a false or fictitious name or address, or makes a material false statement, or fails to disclose a security interest, or conceals any other material fact, in an application for a certificate of title, shall be fined not less than five hundred dollars nor more than one thousand dollars or be imprisoned not less than one year nor more than five years or be both fined and imprisoned.
639	639
640	640		(b) A person who: (1) With fraudulent intent, permits another, not entitled thereto, to use or have possession of a certificate of title; (2) wilfully fails to mail or deliver a certificate of title or application therefor to the department within ten days after the time required by sections 12 to 43, inclusive, of this act; (3) wilfully fails to deliver to his transferee a certificate of title within ten days after the time required by sections 12 to 43, inclusive, of this act; or (4) wilfully violates any provision of sections 12 to 43, inclusive, of this act, except as provided in subsection (a) of this section, shall be fined not more than one thousand dollars or be imprisoned not more than two years or be both fined and imprisoned.
641	641
642	642		Sec. 44. Subdivision (2) of subsection (a) of section 14-10 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
643	643
644	644		(2) "Motor vehicle record" means any record that pertains to an operator's license, learner's permit, identity card, registration, certificate of title or any other document issued by the Department of Motor Vehicles. "Motor vehicle record" does not include any record relating to vessels and certificates of title for vessels, as provided in section 21 of this act;
645	645
646	646
647	647
648	648
649	649		This act shall take effect as follows and shall amend the following sections:
650	650		Section 1 July 1, 2013 New section
651	651		Sec. 2 July 1, 2013 New section
652	652		Sec. 3 July 1, 2013 New section
653	653		Sec. 4 July 1, 2013 New section
654	654		Sec. 5 July 1, 2013 New section
655	655		Sec. 6 July 1, 2013 New section
656	656		Sec. 7 July 1, 2013 New section
657	657		Sec. 8 July 1, 2013 New section
658	658		Sec. 9 July 1, 2013 New section
659	659		Sec. 10 July 1, 2013 New section
660	660		Sec. 11 July 1, 2013 New section
661	661		Sec. 12 January 1, 2015 New section
662	662		Sec. 13 January 1, 2015 New section
663	663		Sec. 14 January 1, 2015 New section
664	664		Sec. 15 January 1, 2015 New section
665	665		Sec. 16 January 1, 2015 New section
666	666		Sec. 17 January 1, 2015 New section
667	667		Sec. 18 January 1, 2015 New section
668	668		Sec. 19 January 1, 2015 New section
669	669		Sec. 20 January 1, 2015 New section
670	670		Sec. 21 January 1, 2015 New section
671	671		Sec. 22 January 1, 2015 New section
672	672		Sec. 23 January 1, 2015 New section
673	673		Sec. 24 January 1, 2015 New section
674	674		Sec. 25 January 1, 2015 New section
675	675		Sec. 26 January 1, 2015 New section
676	676		Sec. 27 January 1, 2015 New section
677	677		Sec. 28 January 1, 2015 New section
678	678		Sec. 29 January 1, 2015 New section
679	679		Sec. 30 January 1, 2015 New section
680	680		Sec. 31 January 1, 2015 New section
681	681		Sec. 32 January 1, 2015 New section
682	682		Sec. 33 January 1, 2015 New section
683	683		Sec. 34 January 1, 2015 New section
684	684		Sec. 35 January 1, 2015 New section
685	685		Sec. 36 January 1, 2015 New section
686	686		Sec. 37 January 1, 2015 New section
687	687		Sec. 38 January 1, 2015 New section
688	688		Sec. 39 January 1, 2015 New section
689	689		Sec. 40 January 1, 2015 New section
690	690		Sec. 41 January 1, 2015 New section
691	691		Sec. 42 January 1, 2015 New section
692	692		Sec. 43 January 1, 2015 New section
693	693		Sec. 44 October 1, 2012 14-10(a)(2)
694	694
695	695		This act shall take effect as follows and shall amend the following sections:
696	696
697	697		Section 1
698	698
699	699		July 1, 2013
700	700
701	701		New section
702	702
703	703		Sec. 2
704	704
705	705		July 1, 2013
706	706
707	707		New section
708	708
709	709		Sec. 3
710	710
711	711		July 1, 2013
712	712
713	713		New section
714	714
715	715		Sec. 4
716	716
717	717		July 1, 2013
718	718
719	719		New section
720	720
721	721		Sec. 5
722	722
723	723		July 1, 2013
724	724
725	725		New section
726	726
727	727		Sec. 6
728	728
729	729		July 1, 2013
730	730
731	731		New section
732	732
733	733		Sec. 7
734	734
735	735		July 1, 2013
736	736
737	737		New section
738	738
739	739		Sec. 8
740	740
741	741		July 1, 2013
742	742
743	743		New section
744	744
745	745		Sec. 9
746	746
747	747		July 1, 2013
748	748
749	749		New section
750	750
751	751		Sec. 10
752	752
753	753		July 1, 2013
754	754
755	755		New section
756	756
757	757		Sec. 11
758	758
759	759		July 1, 2013
760	760
761	761		New section
762	762
763	763		Sec. 12
764	764
765	765		January 1, 2015
766	766
767	767		New section
768	768
769	769		Sec. 13
770	770
771	771		January 1, 2015
772	772
773	773		New section
774	774
775	775		Sec. 14
776	776
777	777		January 1, 2015
778	778
779	779		New section
780	780
781	781		Sec. 15
782	782
783	783		January 1, 2015
784	784
785	785		New section
786	786
787	787		Sec. 16
788	788
789	789		January 1, 2015
790	790
791	791		New section
792	792
793	793		Sec. 17
794	794
795	795		January 1, 2015
796	796
797	797		New section
798	798
799	799		Sec. 18
800	800
801	801		January 1, 2015
802	802
803	803		New section
804	804
805	805		Sec. 19
806	806
807	807		January 1, 2015
808	808
809	809		New section
810	810
811	811		Sec. 20
812	812
813	813		January 1, 2015
814	814
815	815		New section
816	816
817	817		Sec. 21
818	818
819	819		January 1, 2015
820	820
821	821		New section
822	822
823	823		Sec. 22
824	824
825	825		January 1, 2015
826	826
827	827		New section
828	828
829	829		Sec. 23
830	830
831	831		January 1, 2015
832	832
833	833		New section
834	834
835	835		Sec. 24
836	836
837	837		January 1, 2015
838	838
839	839		New section
840	840
841	841		Sec. 25
842	842
843	843		January 1, 2015
844	844
845	845		New section
846	846
847	847		Sec. 26
848	848
849	849		January 1, 2015
850	850
851	851		New section
852	852
853	853		Sec. 27
854	854
855	855		January 1, 2015
856	856
857	857		New section
858	858
859	859		Sec. 28
860	860
861	861		January 1, 2015
862	862
863	863		New section
864	864
865	865		Sec. 29
866	866
867	867		January 1, 2015
868	868
869	869		New section
870	870
871	871		Sec. 30
872	872
873	873		January 1, 2015
874	874
875	875		New section
876	876
877	877		Sec. 31
878	878
879	879		January 1, 2015
880	880
881	881		New section
882	882
883	883		Sec. 32
884	884
885	885		January 1, 2015
886	886
887	887		New section
888	888
889	889		Sec. 33
890	890
891	891		January 1, 2015
892	892
893	893		New section
894	894
895	895		Sec. 34
896	896
897	897		January 1, 2015
898	898
899	899		New section
900	900
901	901		Sec. 35
902	902
903	903		January 1, 2015
904	904
905	905		New section
906	906
907	907		Sec. 36
908	908
909	909		January 1, 2015
910	910
911	911		New section
912	912
913	913		Sec. 37
914	914
915	915		January 1, 2015
916	916
917	917		New section
918	918
919	919		Sec. 38
920	920
921	921		January 1, 2015
922	922
923	923		New section
924	924
925	925		Sec. 39
926	926
927	927		January 1, 2015
928	928
929	929		New section
930	930
931	931		Sec. 40
932	932
933	933		January 1, 2015
934	934
935	935		New section
936	936
937	937		Sec. 41
938	938
939	939		January 1, 2015
940	940
941	941		New section
942	942
943	943		Sec. 42
944	944
945	945		January 1, 2015
946	946
947	947		New section
948	948
949	949		Sec. 43
950	950
951	951		January 1, 2015
952	952
953	953		New section
954	954
955	955		Sec. 44
956	956
957	957		October 1, 2012
958	958
959	959		14-10(a)(2)
960	960
961	961
962	962
963	963		JUD Joint Favorable Subst.
964		-	TRA Joint Favorable
965	964
966	965		JUD
967	966
968	967		Joint Favorable Subst.
969		-
970		-	TRA
971		-
972		-	Joint Favorable