February 12, 2002 - Introduced by Representatives J. Lehman, Krug, Cullen,
Ryba, Gunderson, Miller
and Black, cosponsored by Senators Grobschmidt,
Kanavas, Decker, Plache, Roessler
and Erpenbach. Referred to Committee
on Transportation.
AB803,1,7 1An Act to amend 165.87 (2) (a), 194.41 (1), 302.46 (1) (a), 344.15 (1), 344.15 (2)
2(intro.), 344.15 (4), 344.15 (5), 344.32 (1) (intro.), 344.33 (1), 344.35 (title),
3344.35 (1), 344.35 (2), 344.51 (1m), 345.61 (1) (a), 345.61 (2) (c), 345.61 (3),
4346.73, 814.63 (1) (c), 814.63 (2), 814.634 (1) (a), 814.635 (1) and 814.65 (1); and
5to create 344.10 of the statutes; relating to: assuring financial responsibility
6for the operation of motor vehicles, granting rule-making authority, and
7providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, the department of transportation (DOT) is required to notify
the operator or owner of a motor vehicle that is involved in an accident that results
in injury, death, or property damage of $500 or more and to obtain a deposit of
security for the accident. A deposit is not required if the person can provide proof of
financial responsibility (an applicable motor vehicle liability insurance policy or
bond that was in effect at the time of the accident providing not less than the
following amounts for any single accident: $25,000 for one person, $50,000 for more
than one person, and $10,000 for property damage).
With certain exceptions, failure to provide proof of financial responsibility or a
deposit of security after an accident results in revocation of the operator's motor
vehicle operating privilege or of the registration of any vehicles registered by the

owner of the vehicle involved in the accident. Any revocation continues until the
person provides a deposit of security or otherwise clears his or her liability or a year
elapses without an action being commenced as a result of the accident.
The person must demonstrate proof of financial responsibility for the future
before the person's operating privilege or registration is renewed or reinstated and
must maintain that proof for three years. Proof of financial responsibility for the
future may be demonstrated by having an insurance policy or bond in the same
amounts as are required at the time of an accident or by maintaining a deposit of
$60,000 in cash or securities with DOT.
This bill expands the financial responsibility law by prohibiting any person
from operating a motor vehicle upon a highway in this state unless the owner or
operator of the vehicle assures financial responsibility for the operation of the vehicle
by:
1. Having in effect a motor vehicle liability insurance policy or bond providing
not less than the following amounts for any single accident: $25,000 for one person,
$50,000 for more than one person, and $10,000 for property damage; or
2. Maintaining a deposit of $60,000 in cash or securities with DOT.
These insurance policy, bond, and deposit amounts are the same amounts as are
required under current law as proof of financial responsibility for the future. Any
person convicted of failing to assure financial responsibility for the operation of a
motor vehicle shall forfeit not more than $500.
The bill provides exceptions for vehicles that are owned by self-insurers;
persons who are required to insure the vehicle under other provisions of law; or
vehicles owned by or leased to a governmental unit, if being operated with the
permission of the owner or lessee.
The bill also requires any person operating a motor vehicle upon a highway in
this state to carry proof that financial responsibility for the operation of the vehicle
has been assured or that he or she is exempt from this financial responsibility
requirement, and to provide such proof upon demand from any law enforcement
officer. Any person convicted of failing to carry such proof may be required to forfeit
$10, but no additional fees, costs, or assessments may be collected. DOT is required
to include notification of both of these requirements and penalties with each
operator's license that it issues.
Finally, the bill prohibits law enforcement officers from stopping or inspecting
a motor vehicle solely to determine whether the vehicle operator has assured
financial responsibility for the operation of the vehicle or is in compliance with the
requirement of carrying proof with respect to financial responsibility.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB803, s. 1 1Section 1. 165.87 (2) (a) of the statutes is amended to read:
AB803,3,10
1165.87 (2) (a) Whenever a court imposes a fine or forfeiture for a violation of
2state law or for a violation of a municipal or county ordinance except for a violation
3of s. 101.123 (2) (a), (am) 1., or (bm) or (5) or state laws or municipal or county
4ordinances involving nonmoving traffic violations, financial responsibility violations
5under s. 344.10 (1) (a) 2.,
or safety belt use violations under s. 347.48 (2m), there shall
6be imposed in addition a penalty assessment in an amount of 23% of the fine or
7forfeiture imposed. If multiple offenses are involved, the penalty assessment shall
8be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture
9is suspended in whole or in part, the penalty assessment shall be reduced in
10proportion to the suspension.
AB803, s. 2 11Section 2. 194.41 (1) of the statutes is amended to read:
AB803,4,1412 194.41 (1) No permit or vehicle registration may be issued to a common motor
13carrier of property, contract motor carrier, or rental company, no permit or vehicle
14registration may remain in force to operate any motor vehicle under the authority
15of this chapter, and no vehicle registration may be issued or remain in force for a
16semitrailer unless the carrier or rental company has on file with the department and
17in effect an approved certificate for a policy of insurance or other written contract in
18such form and containing such terms and conditions as may be approved by the
19department issued by an insurer authorized to do a surety or automobile motor
20vehicle
liability business in this state under which the insurer assumes the liability
21prescribed by this section with respect to the operation of such motor vehicles. The
22certificate or other contract is subject to the approval of the department and shall
23provide that the insurer shall be directly liable for and shall pay all damages for
24injuries to or for the death of persons or for injuries to or destruction of property that
25may be recovered against the owner or operator of any such motor vehicles by reason

1of the negligent operation thereof in such amount as the department may require.
2Liability may be restricted so as to be inapplicable to damage claims on account of
3injury to or destruction of property transported, but the department may require a
4certificate or other contract protecting the owner of the property transported by
5carriers from loss or damage in the amount and under the conditions as the
6department may require. No permit or vehicle registration may be issued to a
7common motor carrier of passengers by any motor vehicle, or other carrier of
8passengers by motor bus, except those registered in accordance with s. 341.26 (2) (a)
9and (d), and no permit or vehicle registration may remain in force to operate any
10motor vehicle unless it has on file with the department a like certificate or other
11contract in the form and containing the terms and conditions as may be approved by
12the department for the payment of damages for injuries to property and injuries to
13or for the death of persons, including passengers, in the amounts as the department
14may require.
AB803, s. 3 15Section 3. 302.46 (1) (a) of the statutes, as affected by 2001 Wisconsin Act 16,
16is amended to read:
AB803,5,217 302.46 (1) (a) On or after October 1, 1987, if If a court imposes a fine or
18forfeiture for a violation of state law or for a violation of a municipal or county
19ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), or (br) or (5)
20or state laws or municipal or county ordinances involving nonmoving traffic
21violations, financial responsibility violations under s. 344.10 (1) (a) 2., or safety belt
22use violations under s. 347.48 (2m), the court, in addition, shall impose a jail
23assessment in an amount of 1% of the fine or forfeiture imposed or $10, whichever
24is greater. If multiple offenses are involved, the court shall determine the jail
25assessment on the basis of each fine or forfeiture. If a fine or forfeiture is suspended

1in whole or in part, the court shall reduce the jail assessment in proportion to the
2suspension.
AB803, s. 4 3Section 4. 344.10 of the statutes is created to read:
AB803,5,10 4344.10 Compulsory financial responsibility; limits and penalties. (1)
5(a) 1. No person may operate a motor vehicle upon a highway in this state unless the
6owner or operator has in effect a motor vehicle liability policy or bond for the motor
7vehicle, which meets the requirements under s. 344.15, insuring against loss
8resulting from liability imposed by law for bodily injury, death, and property damage
9sustained by any person arising out of the ownership, maintenance, operation, or use
10of the motor vehicle.
AB803,5,1611 2. No person may operate a motor vehicle upon a highway in this state unless
12the person has in his or her immediate possession at all times while operating the
13vehicle proof that he or she is in compliance with subd. 1. or that the requirements
14of subd. 1. do not apply to him or her. The operator of the motor vehicle shall display
15the proof required under this subdivision upon demand from any law enforcement
16officer.
AB803,5,2217 (b) 1. No person charged with violating par. (a) 1. may be convicted if the person
18produces proof that he or she was in compliance with par. (a) 1. or that the
19requirements of par. (a) 1. did not apply to him or her at the time of the arrest. Such
20proof may be produced either at the time of the person's appearance in court in
21response to the uniform traffic citation, or in the office of the arresting officer within
225 days after the date of issuance of the uniform traffic citation.
AB803,6,223 2. Proof of compliance with par. (a) 1. may be evidenced by display of the motor
24vehicle policy or bond in effect for the motor vehicle under s. 344.15, a copy of that
25policy or bond, or an identification card issued to the person by the insurer indicating

1that the policy or bond is in effect or by display of certification of insurance under s.
2344.31 or a copy of that certification.
AB803,6,53 3. The department shall promulgate a rule specifying the form of proof that
4may be displayed by a person under par. (c) to show that the requirements under par.
5(a) 1. do not apply to him or her.
AB803,6,66 (c) Paragraph (a) 1. does not apply to:
AB803,6,87 1. Any person operating a vehicle owned by a self-insurer under s. 344.16 if
8operating with the owner's permission.
AB803,6,109 2. Any person operating a vehicle insured as required by s. 121.53, 194.41 or
10194.42 if operating with the owner's permission.
AB803,6,1311 3. Any person who has filed proof of financial responsibility as provided under
12sub. (2) or any person operating a vehicle owned by the person who has deposited
13money or security if operating with the owner's permission.
AB803,6,1614 4. The operator of a vehicle owned by or leased to the United States, this or
15another state, or any county or municipality of this or another state, if operating with
16the owner's or lessee's permission.
AB803,6,18 17(2) Proof of financial responsibility may be evidenced by a deposit of money or
18securities in the amount, form, and manner specified in s. 344.37.
AB803,7,2 19(3) Notwithstanding s. 349.02, a law enforcement officer may not stop or
20inspect a vehicle solely to determine compliance with sub. (1) (a) 1. or 2. or both or
21a local ordinance in conformity with sub. (1) (a) 1. or 2. or both. This subsection does
22not limit the authority of a law enforcement officer to issue a citation for a violation
23of sub. (1) (a) 1. or 2. or both or a local ordinance in conformity with sub. (1) (a) 1. or
242. or both observed in the course of a stop or inspection made for other purposes,
25except that a law enforcement officer may not take a person into physical custody

1solely for a violation of sub. (1) (a) 1. or 2. or both or a local ordinance in conformity
2with sub. (1) (a) 1. or 2. or both.
AB803,7,4 3(4) The department shall include with each operator's license issued under ch.
4343 notification of the requirements and penalties under this section.
AB803,7,5 5(5) (a) Any person who violates sub. (1) (a) 1. shall forfeit not more than $500.
AB803,7,66 (b) Any person who violates sub. (1) (a) 2. may be required to forfeit $10.
AB803, s. 5 7Section 5. 344.15 (1) of the statutes is amended to read:
AB803,7,178 344.15 (1) No policy or bond is effective under s. 344.10 or 344.14 unless issued
9by an insurer authorized to do an automobile a motor vehicle liability or surety
10business in this state, except as provided in sub. (2), or unless the policy or bond is
11subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of
12interest and costs, of not less than $25,000 because of bodily injury to or death of one
13person in any one accident and, subject to that limit for one person, to a limit of not
14less than $50,000 because of bodily injury to or death of 2 or more persons in any one
15accident and, if the accident has resulted in injury to or destruction of property, to
16a limit of not less than $10,000 because of injury to or destruction of property of
17others in any one accident.
AB803, s. 6 18Section 6. 344.15 (2) (intro.) of the statutes is amended to read:
AB803,7,2419 344.15 (2) (intro.) A policy or bond with respect to a vehicle which was not
20registered in this state or was registered elsewhere at the time of the effective date
21of the policy or bond or the most recent renewal thereof may be effective under s.
22344.10 or 344.14 even though not issued by an insurer authorized to do an automobile
23a motor vehicle liability or surety business in this state if the following conditions are
24complied with:
AB803, s. 7 25Section 7. 344.15 (4) of the statutes is amended to read:
AB803,8,21
1344.15 (4) After receipt of the report of an accident of the type specified in s.
2344.12, the secretary may forward to the insurer named therein, that portion of the
3report or other notice which pertains to an automobile a motor vehicle liability policy
4or bond. The secretary shall assume that an automobile a motor vehicle liability
5policy or bond as described in this section was in effect and applied to both the owner
6and operator with respect to the accident unless the insurer notifies the secretary
7otherwise within 30 days from the mailing to the insurer of that portion of the report
8or other notice pertaining to the automobile motor vehicle liability policy or bond.
9Upon receipt of notice from the insurer that an automobile a motor vehicle liability
10policy or bond was in effect as to the owner only, the operator only or was not in effect
11as to either of them, the secretary shall within the remainder of the 90-day period
12specified in s. 344.13 (3) require the owner or operator or both, whichever is
13applicable, to deposit security pursuant to this chapter. As respects permission to
14operate the vehicle, the insurer may correct the report or other notice only if it files
15with the secretary within the 30-day period specified in this subsection an affidavit
16signed by the owner stating that the operator did not have the owner's permission
17to operate the vehicle. Where the insurer's failure to notify the secretary within 30
18days of a correction in that portion of the report or other notice pertaining to an
19automobile
a motor vehicle liability policy or bond is caused by fraud, the insurer
20shall notify the secretary of the correction within 30 days of the time the fraud is
21discovered.
AB803, s. 8 22Section 8. 344.15 (5) of the statutes is amended to read:
AB803,9,523 344.15 (5) Nothing in this chapter shall be construed to impose any obligation
24not otherwise assumed by the insurer in its automobile motor vehicle liability policy
25or bond except that if no correction is made in the report or other notice within 30

1days after it is mailed to the insurer, the insurer, except in case of fraud, whenever
2such fraud may occur, is estopped from using as a defense to its liability the insured's
3failure to give permission to the operator or a violation of the purposes of use specified
4in the automobile motor vehicle liability policy or bond or the use of the vehicle
5beyond agreed geographical limits.
AB803, s. 9 6Section 9. 344.32 (1) (intro.) of the statutes is amended to read:
AB803,9,137 344.32 (1) (intro.) A nonresident may give proof of financial responsibility by
8filing with the secretary a written certification of an insurer authorized to transact
9an automobile a motor vehicle liability or surety business in the state in which the
10person resides or by transmitting such certification to the secretary by another
11means approved by the secretary, provided the certification otherwise conforms to
12this chapter. The secretary shall accept the certification if the insurer complies with
13the following with respect to the policies so certified:
AB803, s. 10 14Section 10. 344.33 (1) of the statutes is amended to read:
AB803,9,2015 344.33 (1) Certification. In this chapter ss. 344.30 to 344.34, "motor vehicle
16liability policy" means a motor vehicle policy of liability insurance, certified as
17provided in s. 344.31 or 344.32 as proof of financial responsibility for the future, and
18issued, except as otherwise provided in s. 344.32, by an insurer authorized to do an
19automobile
a motor vehicle liability business in this state to or for the benefit of the
20person named in the policy as the insured.
AB803, s. 11 21Section 11. 344.35 (title) of the statutes is amended to read:
AB803,9,22 22344.35 (title) This chapter Section 344.33 not to affect other policies.
AB803, s. 12 23Section 12. 344.35 (1) of the statutes is amended to read:
AB803,9,2524 344.35 (1) This chapter Section 344.33 does not apply to or affect policies of
25automobile motor vehicle insurance against liability which may now or hereafter be

1required by any other law of this state. If such policies contain an agreement or are
2endorsed to conform to the requirements of this chapter s. 344.33, they may be
3certified as proof of financial responsibility under this chapter.
AB803, s. 13 4Section 13. 344.35 (2) of the statutes is amended to read:
AB803,10,85 344.35 (2) This chapter Section 344.33 does not apply to or affect policies
6insuring solely the insured named in the policy against liability resulting from the
7maintenance or use by persons in the insured's employ or on the insured's behalf of
8motor vehicles not owned by the insured.
AB803, s. 14 9Section 14. 344.51 (1m) of the statutes is amended to read:
AB803,10,2110 344.51 (1m) No lessor or rental company may for compensation rent or lease
11any motor vehicle unless there is filed with the department on a form prescribed by
12the department a certificate for a good and sufficient bond or policy of insurance
13issued by an insurer authorized to do an automobile a motor vehicle liability
14insurance or surety business in this state. The certificate shall provide that the
15insurer which issued it will be liable for damages caused by the negligent operation
16of the motor vehicle in the amounts set forth in s. 344.01 (2) (d). No lessor or rental
17company complying with this subsection, and no lessor or rental company entering
18into or acquiring an interest in any contract for the rental or leasing of a motor vehicle
19for which any other lessor or rental company has complied with this subsection, is
20liable for damages caused by the negligent operation of the motor vehicle by another
21person.
AB803, s. 15 22Section 15. 345.61 (1) (a) of the statutes is amended to read:
AB803,11,323 345.61 (1) (a) Any domestic or foreign surety company which that has qualified
24to transact surety business in this state may, in any year, become surety in an amount
25not to exceed $200 with respect to any guaranteed arrest bond certificates issued in

1such year by an automobile club, association, or by an insurance company authorized
2to write automobile motor vehicle liability insurance within this state, by filing with
3the commissioner of insurance an undertaking thus to become surety.
AB803, s. 16 4Section 16. 345.61 (2) (c) of the statutes, as affected by 2001 Wisconsin Act 16,
5is amended to read:
AB803,11,206 345.61 (2) (c) "Guaranteed arrest bond certificate" as used in this section means
7any printed card or other certificate issued by an automobile club, association, or
8insurance company to any of its members or insureds, which card or certificate is
9signed by the member or insureds and contains a printed statement that the
10automobile club, association, or insurance company and a surety company, or an
11insurance company authorized to transact both automobile motor vehicle liability
12insurance and surety business, guarantee the appearance of the persons whose
13signature appears on the card or certificate and that they will in the event of failure
14of the person to appear in court at the time of trial, pay any fine or forfeiture imposed
15on the person, including the penalty assessment required by s. 757.05, the truck
16driver education assessment required by s. 349.04, the jail assessment required by
17s. 302.46 (1), the railroad crossing improvement assessment required by s. 346.177,
18346.495 or 346.65 (4r), and the crime laboratories and drug law enforcement
19assessment required by s. 165.755, in an amount not exceeding $200, or $1,000 as
20provided in sub. (1) (b).
AB803, s. 17 21Section 17. 345.61 (3) of the statutes is amended to read:
AB803,12,1622 345.61 (3) Any guaranteed arrest bond certificate with respect to which a
23surety company has become surety, or a guaranteed arrest bond certificate issued by
24an insurance company authorized to transact both automobile motor vehicle liability
25insurance and surety business within this state as herein provided, shall, when

1posted by the person whose signature appears thereon, be accepted in lieu of cash bail
2or other bond in an amount not to exceed $200, or $1,000 as provided in sub. (1) (b),
3as a bail bond, to guarantee the appearance of such person in any court in this state,
4including all municipal courts in this state, at such time as may be required by such
5court, when the person is arrested for violation of any vehicle law of this state or any
6motor vehicle ordinance of any county or municipality in this state except for the
7offense of driving under the influence of intoxicating liquors or of drugs or for any
8felony committed prior to the date of expiration shown on such guaranteed arrest
9bond certificates; provided, that any such guaranteed arrest bond certificates so
10posted as bail bond in any court in this state shall be subject to the forfeiture and
11enforcement provisions with respect to bail bonds in criminal cases as otherwise
12provided by law or as hereafter may be provided by law, and that any such
13guaranteed arrest bond certificate posted as a bail bond in any municipal court of this
14state shall be subject to the forfeiture and enforcement provisions, if any, of the
15charter or ordinance of the particular county or municipality pertaining to bail bonds
16posted.
AB803, s. 18 17Section 18. 346.73 of the statutes is amended to read:
AB803,13,2 18346.73 Accident reports not to be used in trial. Notwithstanding s. 346.70
19(4) (f), accident reports required to be filed with or transmitted to the department or
20a county or municipal authority shall not be used as evidence in any judicial trial,
21civil or criminal, arising out of an accident, except that such reports may be used as
22evidence in a trial for a violation of s. 344.10 or in any administrative proceeding
23conducted by the department. The department shall furnish upon demand of any
24person who has or claims to have made such a report, or upon demand of any court,
25a certificate showing that a specified accident report has or has not been made to the

1department solely to prove a compliance or a failure to comply with the requirement
2that such a report be made to the department.
AB803, s. 19 3Section 19. 814.63 (1) (c) of the statutes, as affected by 2001 Wisconsin Act 16,
4is amended to read:
AB803,13,75 814.63 (1) (c) This subsection does not apply to an action for a violation of s.
6101.123 (2) (a), (am) 1., (ar), (bm), or (br) or (5), a financial responsibility violation
7under s. 344.10 (1) (a) 2.,
or a safety belt use violation under s. 347.48 (2m).
AB803, s. 20 8Section 20. 814.63 (2) of the statutes is amended to read:
AB803,13,159 814.63 (2) Upon the disposition of a forfeiture action in circuit court for
10violation of a county, town, city, village, town sanitary district , or public inland lake
11protection and rehabilitation district ordinance, except an action for a financial
12responsibility violation under s. 344.10 (1) (a) 2. or
a safety belt use violation under
13s. 347.48 (2m), the county, town, city, village, town sanitary district , or public inland
14lake protection and rehabilitation district shall pay a nonrefundable fee of $5 to the
15clerk of circuit court.
AB803, s. 21 16Section 21. 814.634 (1) (a) of the statutes is amended to read:
AB803,13,2117 814.634 (1) (a) Except for an action for a financial responsibility violation
18under s. 344.10 (1) (a) 2. or
a safety belt use violation under s. 347.48 (2m), the clerk
19of circuit court shall charge and collect a $40 court support services fee from any
20person, including any governmental unit as defined in s. 108.02 (17), paying a fee
21under s. 814.61 (1) (a), (3), or (8) (am) or 814.63 (1).
AB803, s. 22 22Section 22. 814.635 (1) of the statutes is amended to read:
AB803,14,423 814.635 (1) Except for an action for a financial responsibility violation under
24s. 344.10 (1) (a) 2. or
a safety belt use violation under s. 347.48 (2m), the clerk of
25circuit court shall charge and collect a $7 justice information system fee from any

1person, including any governmental unit as defined in s. 108.02 (17), paying a fee
2under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1).
3The justice information system fee is in addition to the other fees listed in this
4section.
AB803, s. 23 5Section 23. 814.65 (1) of the statutes is amended to read:
AB803,14,136 814.65 (1) Court costs. In a municipal court action, except an action for
7violation of an ordinance in conformity with s. 344.10 (1) (a) 2. or 347.48 (2m), the
8municipal judge shall collect a fee of not less than $15 nor more than $23 on each
9separate matter, whether it is on default of appearance, a plea of guilty or no contest,
10on issuance of a warrant or summons or the action is tried as a contested matter. Of
11each fee received by the judge under this subsection, the municipal treasurer shall
12pay monthly $5 to the state treasurer for deposit in the general fund and shall retain
13the balance for the use of the municipality.
AB803, s. 24 14Section 24 . Nonstatutory provisions; transportation.
AB803,14,1815 (1) The department of transportation shall submit in proposed form the rule
16required under section 344.10 (1) (b) 3. of the statutes, as created by this act, to the
17legislative council staff under section 227.15 (1) of the statutes no later than the first
18day of the 9th month beginning after the effective date of this subsection.
AB803, s. 25 19Section 25. Effective dates. This act takes effect on the first day of the 12th
20month commencing after publication, except as follows:
AB803,14,2121 (1) Section 24 of this act takes effect on the day after publication.
AB803,14,2222 (End)
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