AB443: Bill Text

AB443,7,4 344.15 (1) No policy or bond is effective under s. 344.10 or 344.14 unless issued by an insurer authorized to do an automobile a motor vehicle liability or surety business in this state, except as provided in sub. (2), or unless the policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than $25,000 because of bodily injury to or death of one person in any one accident and, subject to that limit for one person, to a limit of not less than $50,000 because of bodily injury to or death of 2 or more persons in any one accident and, if the accident has resulted in injury to or destruction of property, to a limit of not less than $10,000 because of injury to or destruction of property of others in any one accident.

AB443, s. 6 Section 6. 344.15 (2) (intro.) of the statutes is amended to read:

AB443,7,11 344.15 (2) (intro.) A policy or bond with respect to a vehicle which was not registered in this state or was registered elsewhere at the time of the effective date of the policy or bond or the most recent renewal thereof may be effective under s. 344.10 or 344.14 even though not issued by an insurer authorized to do an automobile a motor vehicle liability or surety business in this state if the following conditions are complied with:

AB443, s. 7 Section 7. 344.15 (4) of the statutes is amended to read:

AB443,8,8 344.15 (4) After receipt of the report of an accident of the type specified in s. 344.12, the secretary may forward to the insurer named therein, that portion of the report or other notice which pertains to an automobile a motor vehicle liability policy or bond. The secretary shall assume that an automobile a motor vehicle liability policy or bond as described in this section was in effect and applied to both the owner and operator with respect to the accident unless the insurer notifies the secretary otherwise within 30 days from the mailing to the insurer of that portion of the report or other notice pertaining to the automobile motor vehicle liability policy or bond. Upon receipt of notice from the insurer that an automobile a motor vehicle liability policy or bond was in effect as to the owner only, the operator only or was not in effect as to either of them, the secretary shall within the remainder of the 90-day period specified in s. 344.13 (3) require the owner or operator or both, whichever is applicable, to deposit security pursuant to this chapter. As respects permission to operate the vehicle, the insurer may correct the report or other notice only if it files with the secretary within the 30-day period specified in this subsection an affidavit signed by the owner stating that the operator did not have the owner's permission to operate the vehicle. Where the insurer's failure to notify the secretary within 30 days of a correction in that portion of the report or other notice pertaining to an automobile a motor vehicle liability policy or bond is caused by fraud, the insurer shall notify the secretary of the correction within 30 days of the time the fraud is discovered.

AB443, s. 8 Section 8. 344.15 (5) of the statutes is amended to read:

AB443,8,17 344.15 (5) Nothing in this chapter shall be construed to impose any obligation not otherwise assumed by the insurer in its automobile motor vehicle liability policy or bond except that if no correction is made in the report or other notice within 30 days after it is mailed to the insurer, the insurer, except in case of fraud, whenever such fraud may occur, is estopped from using as a defense to its liability the insured's failure to give permission to the operator or a violation of the purposes of use specified in the automobile motor vehicle liability policy or bond or the use of the vehicle beyond agreed geographical limits.

AB443, s. 9 Section 9. 344.20 (3) (a) of the statutes is amended to read:

AB443,8,21 344.20 (3) (a) The Except as provided in sub. (3m), the deposit of security or any balance thereof shall be returned to the depositor or the personal representative under the conditions provided in par. (b) or (c).

AB443, s. 10 Section 10. 344.20 (3m) of the statutes is created to read:

AB443,8,25 344.20 (3m) The deposit or any balance thereof under s. 344.10 shall be returned to the depositor or the personal representative when proof of financial responsibility under s. 344.10 (2) is no longer required.

AB443, s. 11 Section 11. 344.32 (1) (intro.) of the statutes is amended to read:

AB443,9,8 344.32 (1) (intro.) A nonresident may give proof of financial responsibility by filing with the secretary a written certification of an insurer authorized to transact an automobile a motor vehicle liability or surety business in the state in which the person resides or by transmitting such certification to the secretary by another means approved by the secretary, provided the certification otherwise conforms to this chapter. The secretary shall accept the certification if the insurer complies with the following with respect to the policies so certified:

AB443, s. 12 Section 12. 344.33 (1) of the statutes is amended to read:

AB443,9,15 344.33 (1) Certification. In this chapter ss. 344.30 to 344.34, "motor vehicle liability policy" means a motor vehicle policy of liability insurance, certified as provided in s. 344.31 or 344.32 as proof of financial responsibility for the future, and issued, except as otherwise provided in s. 344.32, by an insurer authorized to do an automobile a motor vehicle liability business in this state to or for the benefit of the person named in the policy as the insured.

AB443, s. 13 Section 13. 344.35 (title) of the statutes is amended to read:

AB443,9,17 344.35 (title) This chapter Section 344.33 not to affect other policies.

AB443, s. 14 Section 14. 344.35 (1) of the statutes is amended to read:

AB443,9,23 344.35 (1) This chapter Section 344.33 does not apply to or affect policies of automobile motor vehicle insurance against liability which may now or hereafter be required by any other law of this state. If such policies contain an agreement or are endorsed to conform to the requirements of this chapter s. 344.33, they may be certified as proof of financial responsibility under this chapter.

AB443, s. 15 Section 15. 344.35 (2) of the statutes is amended to read:

AB443,10,4 344.35 (2) This chapter Section 344.33 does not apply to or affect policies insuring solely the insured named in the policy against liability resulting from the maintenance or use by persons in the insured's employ or on the insured's behalf of motor vehicles not owned by the insured.

AB443, s. 16 Section 16. 344.51 (1) of the statutes is amended to read:

AB443,10,12 344.51 (1) No person may for compensation rent any motor vehicle to be operated by or with the consent of the person renting the vehicle unless there is filed with the department a good and sufficient bond or policy of insurance issued by an insurer authorized to do an automobile a motor vehicle liability insurance or surety business in this state. The bond, policy or certificate shall provide that the insurer which issued it will be liable for damages caused by the negligent operation of the motor vehicle in the amounts set forth in s. 344.01 (2) (d).

AB443, s. 17 Section 17. 345.61 (1) (a) of the statutes is amended to read:

AB443,10,19 345.61 (1) (a) Any domestic or foreign surety company which has qualified to transact surety business in this state may, in any year, become surety in an amount not to exceed $200 with respect to any guaranteed arrest bond certificates issued in such year by an automobile club, association or by an insurance company authorized to write automobile motor vehicle liability insurance within this state, by filing with the commissioner of insurance an undertaking thus to become surety.

AB443, s. 18 Section 18. 345.61 (2) (c) of the statutes is amended to read:

AB443,11,7 345.61 (2) (c) "Guaranteed arrest bond certificate" as used in this section means any printed card or other certificate issued by an automobile club, association or insurance company to any of its members or insureds, which card or certificate is signed by the member or insureds and contains a printed statement that the automobile club, association or insurance company and a surety company, or an insurance company authorized to transact both automobile motor vehicle liability insurance and surety business, guarantee the appearance of the persons whose signature appears on the card or certificate and that they will in the event of failure of the person to appear in court at the time of trial, pay any fine or forfeiture imposed on the person, including the penalty assessment required by s. 165.87 and the jail assessment required by s. 302.46 (1), in an amount not exceeding $200, or $1,000 as provided in sub. (1) (b).

AB443, s. 19 Section 19. 345.61 (3) of the statutes is amended to read:

AB443,12,3 345.61 (3) Any guaranteed arrest bond certificate with respect to which a surety company has become surety, or a guaranteed arrest bond certificate issued by an insurance company authorized to transact both automobile motor vehicle liability insurance and surety business within this state as herein provided, shall, when posted by the person whose signature appears thereon, be accepted in lieu of cash bail or other bond in an amount not to exceed $200, or $1,000 as provided in sub. (1) (b), as a bail bond, to guarantee the appearance of such person in any court in this state, including all municipal courts in this state, at such time as may be required by such court, when the person is arrested for violation of any vehicle law of this state or any motor vehicle ordinance of any county or municipality in this state except for the offense of driving under the influence of intoxicating liquors or of drugs or for any felony committed prior to the date of expiration shown on such guaranteed arrest bond certificates; provided, that any such guaranteed arrest bond certificates so posted as bail bond in any court in this state shall be subject to the forfeiture and enforcement provisions with respect to bail bonds in criminal cases as otherwise provided by law or as hereafter may be provided by law, and that any such guaranteed arrest bond certificate posted as a bail bond in any municipal court of this state shall be subject to the forfeiture and enforcement provisions, if any, of the charter or ordinance of the particular county or municipality pertaining to bail bonds posted.

AB443, s. 20 Section 20. 346.73 of the statutes is amended to read:

AB443,12,14 346.73 Accident reports not to be used in trial. Notwithstanding s. 346.70 (4) (f), accident reports required to be filed with or transmitted to the department or a county or municipal authority shall not be used as evidence in any judicial trial, civil or criminal, arising out of an accident, except that such reports may be used as evidence in a trial for a violation of s. 344.10 or in any administrative proceeding conducted by the department. The department shall furnish upon demand of any person who has or claims to have made such a report, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department solely to prove a compliance or a failure to comply with the requirement that such a report be made to the department.

AB443, s. 21 Section 21 . Nonstatutory provisions; transportation.

AB443,12,19 (1)  The department of transportation shall submit in proposed form the rule required under section 344.10 (1) (b) 3. of the statutes, as created by this act, to the legislative council under section 227.15 (1) of the statutes no later than the first day of the 9th month beginning after the effective date of this subsection.

AB443, s. 22 Section 22. Effective dates. This act takes effect on the first day of the 12th month commencing after publication, except as follows:

AB443,12,22 (1)  Section 21 of this act takes effect on the day after publication.

AB443,12,23 (End)