LRB-1876/1
PJH:hmh:km
2001 - 2002 LEGISLATURE
February 7, 2001 - Introduced by Senators Wirch, Burke, Roessler, Schultz,
Farrow
and Huelsman, cosponsored by Representatives Duff, Stone,
Montgomery, Urban, La Fave, Albers, Pettis, Kedzie, Gronemus, Nass,
Vrakas, Ladwig, Townsend, Olsen, Gunderson, Powers, Turner
and
Grothman. Referred to Committee on Insurance, Tourism, and
Transportation.
SB43,1,5 1An Act to renumber 345.28 (5m) (a) 4.; to amend 345.28 (4) (d), 345.28 (4) (e),
2345.28 (4) (g), 345.28 (5m) (b), 345.28 (5m) (c) 1. and 345.28 (5m) (c) 2.; and to
3create
345.28 (5m) (a) 4. (intro.), 345.28 (5m) (a) 4. b. and 345.28 (5m) (c) 3. of
4the statutes; relating to: nonmoving traffic violations involving rented or
5leased motor vehicles.
Analysis by the Legislative Reference Bureau
Under current law, an authority that issues citations for nonmoving traffic
violations (i.e., violations for which a parking ticket is issued) may notify the
department of transportation (DOT) if a person fails to pay a parking ticket or appear
in court in response to a parking ticket, and may require DOT to suspend the
registration of the vehicle that was ticketed, or to refuse registration of any vehicle
owned by the violator, or to do both. The suspension or refusal of vehicle registration
continues until the person appears in court in response to the parking ticket or pays
the amount of the parking ticket and costs, if any, of suspending or refusing vehicle
registration.
When a parking ticket is issued to a motor vehicle that is rented or leased to
another, the process of resolving the parking ticket is more complex. A person
engaged in the business of renting or leasing vehicles (lessor) generally is responsible
for the parking tickets issued to its vehicles. However, an authority may not provide
notice to DOT to suspend registration or refuse registration if the vehicle involved
in the parking violation is owned by a lessor; the vehicle was rented or leased to

another when the parking ticket was issued; the lessor timely identifies the renter
or lessee to the authority; and if the renter or lessee, after receiving notice from the
authority, timely pays the forfeiture or appears in court in response to the parking
ticket. If the renter or lessee fails to pay or appear as required, the authority may
require DOT to refuse to register any vehicle owned by the renter or lessee, and the
lessor must pay 50% of the forfeiture and costs applicable to the parking ticket. If the
lessor fails to pay 50% of the forfeiture and costs, the authority may require DOT to
suspend the registration of the vehicle involved in the parking violation. If the lessor
pays 50% of the forfeiture and costs of a parking ticket, and that ticket is later paid
in full by the renter or lessee, the lessor is refunded the 50% payment.
This bill relieves a lessor from liability for a parking ticket if the lessor identifies
the renter or lessee to the authority and the renter or lessee pays the forfeiture or
appears in court, or if more than one year has elapsed since the ticket was issued.
As under current law, the lessor generally is liable for the parking ticket unless the
lessor identifies the renter or lessee. The bill retains the requirement that the lessor
must pay 50% of the forfeiture and costs and the required reimbursement of a lessor
who pays any part of a forfeiture or costs of a parking ticket that is later paid by a
renter or lessee.
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:
SB43, s. 1 1Section 1. 345.28 (4) (d) of the statutes is amended to read:
SB43,2,42 345.28 (4) (d) The authority may assess the person for the cost of using the
3traffic violation and registration program as established by the department under
4s. 85.13. This paragraph does not apply to citations paid under sub. (5m) (c).
SB43, s. 2 5Section 2. 345.28 (4) (e) of the statutes is amended to read:
SB43,3,36 345.28 (4) (e) If the person subsequently pays the amount of the forfeiture and
7the costs, if any, under par. (d) or appears in court in response to the citation or a
8notice by the authority who issued the citation or the department, the department
9shall be immediately notified in the form and manner prescribed by the department.
10If the vehicle involved in the nonmoving traffic violation is owned by a person
11engaged in the business of renting or leasing motor vehicles and the owner pays the

1costs, if any, under par. (d) and
50% of the amount of the forfeiture under sub. (2) (a),
2the authority shall immediately notify the department in the form and manner
3prescribed by the department.
SB43, s. 3 4Section 3. 345.28 (4) (g) of the statutes is amended to read:
SB43,3,85 345.28 (4) (g) Notification of the department under par. (a) 1. shall toll any
6applicable statute of limitation for 4 years from the date of the notification. This
7paragraph does not apply to a citation issued to the owner of a vehicle if the
8requirements of sub. (5m) (a) 1. to 3. are satisfied.
SB43, s. 4 9Section 4. 345.28 (5m) (a) 4. (intro.) of the statutes is created to read:
SB43,3,1010 345.28 (5m) (a) 4. (intro.) Either of the following applies:
SB43, s. 5 11Section 5. 345.28 (5m) (a) 4. of the statutes is renumbered 345.28 (5m) (a) 4.
12a.
SB43, s. 6 13Section 6. 345.28 (5m) (a) 4. b. of the statutes is created to read:
SB43,3,1414 345.28 (5m) (a) 4. b. At least one year has elapsed since the citation was issued.
SB43, s. 7 15Section 7. 345.28 (5m) (b) of the statutes is amended to read:
SB43,3,2116 345.28 (5m) (b) If Notwithstanding par. (a), if the renter or lessee does not pay
17the forfeiture or appear in court in response to the citation for a nonmoving traffic
18violation, the authority may notify the department under sub. (4) (a) 1. that a citation
19has been issued to the person and the citation remains unpaid. The action which the
20authority shall specify that the department take under sub. (4) (a) 2. is limited to
21refusal of the registration of any vehicle owned by the renter or lessee.
SB43, s. 8 22Section 8. 345.28 (5m) (c) 1. of the statutes is amended to read:
SB43,4,323 345.28 (5m) (c) 1. If the renter or lessee does not pay the forfeiture or appear
24in court in response to the citation for a nonmoving traffic violation within 30 days
25after the 2nd notice from the authority is mailed to the renter or lessee, the owner

1shall pay the authority 50% of the amount of the forfeiture applicable to the
2nonmoving traffic violation
under sub. (2) (a). The authority shall notify the owner
3in writing of its responsibility for this payment.
SB43, s. 9 4Section 9. 345.28 (5m) (c) 2. of the statutes is amended to read:
SB43,4,105 345.28 (5m) (c) 2. If the owner does not pay 50% of the amount of the forfeiture
6applicable to the citation under sub. (2) (a) within 30 days after notice under subd.
71. has been mailed to the owner, the authority may send a notice to the department
8under sub. (4) (a) 1. The action which the authority shall specify that the department
9take under sub. (4) (a) 2. is limited to suspension of the registration of the vehicle
10involved in the nonmoving traffic violation.
SB43, s. 10 11Section 10. 345.28 (5m) (c) 3. of the statutes is created to read:
SB43,4,1312 345.28 (5m) (c) 3. This paragraph does not apply if more than one year has
13elapsed since the citation was issued.
SB43, s. 11 14Section 11. Initial applicability.
SB43,4,1615 (1) This act first applies to citations issued for nonmoving violations committed
16on the effective date of this subsection.
SB43, s. 12 17Section 12. Effective date.
SB43,4,1918 (1) This act takes effect on the first day of the 4th month beginning after
19publication.
SB43,4,2020 (End)
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