LRBs0103/2
PEN:kmg:jlb
1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 312
May 11, 1995 - Offered by Committee on Highways and Transportation.
AB312-ASA1,1,5
1An Act to repeal 344.47;
to amend 341.13 (3), 341.13 (3m), 341.15 (3) (a), 341.61
2(1), 341.61 (2) and 341.61 (3); and
to create 341.03, 341.605, 341.61 (4), 341.61
3(5) and 341.615 of the statutes;
relating to: fraud offenses involving evidence
4of motor vehicle registration, operating a motor vehicle having a suspended,
5revoked or canceled registration and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB312-ASA1,1,12
7341.03 Operating vehicle after suspension, revocation or cancellation
8of registration. (1) Prohibition. No person may operate or knowingly permit the
9operation of a motor vehicle if the registration for that vehicle is suspended, revoked
10or canceled under s. 144.42 (6) (d) or 342.255, ch. 344 or this chapter, or if the
11registration for that vehicle is suspended, canceled or revoked under the law of
12another jurisdiction.
AB312-ASA1,2,2
13(2) Penalties. (a) Any person who violates sub. (1), where the vehicle used is
14an automobile, station wagon or any other vehicle having a gross weight rating of
110,000 pounds or less, as determined by the manufacturer of the vehicle, may be
2required to forfeit not more than $200.
AB312-ASA1,2,43
(b) Any person who violates sub. (1), where the vehicle used is a vehicle not
4enumerated under par. (a), may be required to forfeit not more than $500.
AB312-ASA1,2,7
5(3) Defenses. (a) 1. It is a defense to a violation of sub. (1) that the person did
6not know, and had no reason to know, that the motor vehicle registration was
7suspended, revoked or canceled at the time of the violation.
AB312-ASA1,2,138
2. Refusal to accept or failure to receive an order of suspension, revocation or
9cancellation mailed by the department to the person's last-known address shall not
10be a defense to a violation of sub. (1). If the person has changed his or her address
11and fails to notify the department as required in s. 343.22, then failure to receive
12notice of suspension, revocation or cancellation shall not be a defense to a violation
13of sub. (1).
AB312-ASA1,2,1514
(b) This section does not apply if operating the motor vehicle was made
15necessary by a situation of emergency, as determined by the court.
AB312-ASA1,2,2217
341.13
(3) In lieu of issuing a new plate upon each renewal of registration of
18a vehicle, the department may issue one insert tag, decal or other
identification 19evidence of registration per vehicle to indicate the period of registration. The tag,
20decal or other
identification evidence of registration shall be provided by the
21department and used only if the outstanding plate is in suitable condition for further
22usage. A decal shall be displayed as provided in s. 341.15 (1m).
AB312-ASA1,3,3
1341.13
(3m) In lieu of issuing new plates upon the renewal of a calendar year
2registration under s. 341.51 or 341.57, the department may issue insert tags, decals
3or other
identification evidence of registration for use as provided in sub. (3).
AB312-ASA1,3,95
341.15
(3) (a) A person who operates a vehicle for which a current registration
6plate
or, insert tag
, decal or other evidence of registration has been issued without
7such plate
or, tag
, decal or other evidence of registration being attached to the
8vehicle, except when such vehicle is being operated pursuant to a temporary
9operation permit or plate;
AB312-ASA1,3,15
11341.605 Unlawful transfer of evidence of registration.
(1) Except as
12authorized by the department, no person may transfer to another person or offer for
13sale a registration plate, insert tag, decal or other evidence of registration issued by
14the department. This subsection does not apply to transfers of vehicles under s.
15342.15 (4) (c).
AB312-ASA1,3,18
16(2) No person may transfer to another person or offer for sale a counterfeit,
17forged or fictitious registration plate, insert tag, decal or other evidence of
18registration.
AB312-ASA1,3,20
19(3) Whoever violates sub. (1) or (2) may be fined not more than $5,000 or
20imprisoned for not more than 5 years, or both, for each violation.
AB312-ASA1,3,2422
341.61
(1) Lends to another a registration plate
, insert tag, decal or other
23evidence of registration for display upon a vehicle for which the plate
, tag, decal or
24other evidence of registration has not been issued.
AB312-ASA1,4,3
1341.61
(2) Displays upon a vehicle a registration plate
, insert tag, decal or other
2evidence of registration not issued for such vehicle or not otherwise authorized by
3law to be used thereon.
AB312-ASA1,4,125
341.61
(3) Wilfully twists, paints, alters or adds to or cuts off any portion of a
6registration plate
or sticker, insert tag, decal or other evidence of registration; or who
7places or deposits, or causes to be placed or deposited on such plate
or sticker, insert
8tag, decal or other evidence of registration any substance to hinder the normal
9reading of such plate
, insert tag, decal or other evidence of registration; or who
10defaces, disfigures, covers, obstructs, changes or attempts to change any letter or
11figure thereon; or who causes such plate
or sticker, insert tag, decal or other evidence
12of registration to appear to be a different color.
AB312-ASA1,4,1514
341.61
(4) Possesses a fraudulently or unlawfully obtained registration plate,
15insert tag, decal or other evidence of registration.
AB312-ASA1,4,1817
341.61
(5) Possesses a counterfeit registration plate, insert tag, decal or other
18evidence of registration.
AB312-ASA1,4,23
20341.615 Reproducing evidence of registration prohibited. Except as
21authorized by the department, any person who reproduces, by any means whatever,
22a registration plate, insert tag, decal or other evidence of registration shall forfeit not
23less than $200 nor more than $500.
AB312-ASA1,5,2
1(1) This act first applies to offenses committed on the effective date of this
2subsection.
