AB444: Bill Text

LRB-3441/1

TNF/ISR/PEN:all:kjf

1999 - 2000 LEGISLATURE

1999 Assembly BILL 444

September 2, 1999 - Introduced by Law Revision Committee. Referred to Committee on Transportation.

AB444,2,16 An Act to repeal 340.01 (61), 341.14 (6m) (b) 2., 341.264 (3), 341.28 (2) (c), 341.28 (4) (d), 341.31 (1) (b) 7., 341.31 (6) and 342.14 (9); to renumber and amend 343.14 (5), 343.19 (2) and 345.17; to consolidate, renumber and amend 341.14 (6m) (b) (intro.) and 1.; to amend 70.112 (5), 77.995, 85.024 (2), 341.03 (2) (a), 341.04 (1) (intro.), 341.04 (3) (a), 341.06 (1) (am), 341.09 (1) (b), 341.09 (2) (g), 341.09 (2m) (a) 1. b., 341.09 (2m) (a) 2., 341.09 (9), 341.14 (1), 341.14 (1a), 341.14 (1m), 341.14 (1q), 341.14 (1r) (a), 341.14 (2), 341.14 (6) (a), 341.14 (6m) (a), 341.14 (6r) (b) 1., 341.14 (6r) (bg) 1., 341.145 (1) (a), 341.145 (1) (b), 341.145 (2) (a), 341.25 (1) (a), 341.26 (7) (b), 341.264 (1) and (2) (a), 341.28 (4) (c), 341.308 (2), 341.35 (1), 342.06 (1) (b), 342.10 (1) (d), 342.15 (4) (a), 342.30 (2), 342.34 (1) (c), 343.50 (4), 344.25 (2), 344.26 (1), 344.27 (2), 344.31, 344.33 (2), 344.46 (1), 346.10 (3), 346.195 (2) (c), 346.205 (2) (c), 346.457 (2) (c), 346.465 (2) (c), 346.485 (2) (c), 346.505 (3) (b) 3., 346.945 (2) (c), 348.25 (6) and 885.237 (2); to repeal and recreate 341.14 (6r) (g), 341.145 (5) and 341.27 (3) (a); and to create 341.405 (2m), 343.14 (5) (a), 343.14 (5) (b), 343.14 (9), 343.19 (2) (a), 343.19 (2) (b), 343.19 (4), 345.17 (1) (a), 345.17 (1) (b), 345.17 (1) (c) and 345.17 (2) of the statutes; relating to: the term "station wagon"; requests for personalized vehicle registration plates; the contents of certificates of vehicle title; motor vehicle financial responsibility laws; temporary operation plates for leased vehicles; the location of vehicle identification numbers; the expiration date of trailer fleet registration; credit and plate transfer provisions associated with the registration of automobiles; the elimination of certain replacement plate fees; registering semitrailers under the international registration plan; motor vehicles passing within 100 feet of an intersection located outside of a business or residential district; the renumbering of statutory provisions prohibiting individuals from making false statements to the department of transportation; deadlines for submitting applications and awarding grants under the bicycle and pedestrian facilities grant program; granting rule-making authority; and providing penalties (suggested as remedial legislation by the department of transportation).

Analysis by the Legislative Reference Bureau

Vehicle registration and titling

Current law requires certificates of vehicle title to contain a description of the vehicle, including its make, model and identification number. This bill eliminates the requirement that the vehicle model be included on the certificate of title.

Current law requires that requests for personalized vehicle registration plates be delivered to the department of transportation (DOT) by mail. This bill eliminates this requirement.

Under current law, effective September 1, 1998, a motor vehicle dealer licensed in this state is required to issue temporary operation plates without charge to any state resident who purchases from the dealer an automobile, station wagon or light truck (a truck with a registered gross weight of not more than 8,000 pounds) and submits to the dealer complete applications for registration and titling of the vehicle. Also effective September 1, 1998, the licensed motor vehicle dealer may issue temporary operation plates at a fee of $3 to any state resident who purchases from a person other than a dealer an automobile, station wagon or light truck and submits to the dealer complete applications for registration and titling of the vehicle.

This bill specifies that these provisions of current law also apply to leased vehicles, except that the lessee is not required to submit to the dealer a complete application for titling of the leased vehicle.

Current law prohibits the owner of an automobile that is being registered with DOT from receiving credit for the unused portion of another automobile's registration or transferring that automobile's license plates to the automobile that is being registered if such credit or plate transfer provisions have applied, within the previous 12-month period, to the automobile that is being registered. This bill eliminates this prohibition.

Under current law, DOT collects a fee of $4 whenever such credit or plate transfer provisions are used. This bill eliminates this fee. The bill also eliminates the replacement plate fee of $4 associated with personalized license plates or the loss of eligibility for special group plates.

Under current law, the owner of a fleet of 100 or more trailers, each having a gross weight of 4,500 pounds or less and used for hire or rental, may register the trailers for a six-year period ending June 30. This bill eliminates this expiration date, allowing DOT to establish the expiration date.

This bill clarifies that DOT may register semitrailers under the international registration plan for an annual fee of $50 and may issue metal registration plates as evidence of such registration.

Proof of financial responsibility

Under current law, the motor vehicle financial responsibility laws of this state require DOT 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 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 ownership or registration of any vehicle whose registration is subject to such revocation may not be transferred unless all of the financial responsibility laws have been complied with or the secretary of transportation determines that the transfer is in good faith and is not designed to thwart the financial responsibility laws of this state.

Currently, the registration of any vehicles registered by the owner of a motor vehicle involved in an accident that results in injury, death or property damage of $500 or more may also be revoked for failure to comply with other provisions of the financial responsibility laws of this state. However, there is no corresponding prohibition on transfer of the ownership or registration of such vehicles.

This bill prohibits transfer of the ownership or registration of any vehicle whose registration is subject to revocation under the financial responsibility laws of this state unless all of the financial responsibility laws have been complied with or the secretary of transportation determines that the transfer is in good faith and is not designed to thwart the financial responsibility laws of this state.

Current law requires DOT to revoke the vehicle operating privilege and motor vehicle registrations of any person who is involved in a motor vehicle accident and who, within 30 days after a court judgment that requires the person to pay to another person (the "judgment creditor") more than $500 for damages arising out of a motor vehicle accident, either fails to satisfy the judgment against the person or fails to appeal the judgment. However, if the judgment creditor consents, DOT may allow the person to keep his or her operating privilege and vehicle registrations if the person: 1) provides proof of financial responsibility for the future (proof of the person's financial ability to pay any damages arising out of a motor vehicle accident in the future); and 2) maintains such proof in effect for three years after the date of the judgment awarding damages.

This bill requires such a person to maintain proof of financial responsibility for the future in effect for three years after the consent agreement between the person and the judgment creditor is filed with DOT, instead of maintaining such proof in effect for three years after the entry of judgment.

Currently, if a person required to pay a judgment in excess of $500 for damages arising out of a motor vehicle accident obtains a court order allowing payment of the judgment in instalments, DOT may not revoke the person's operating privilege or vehicle registrations if the person provides proof of financial responsibility for the future. However, the person is not required to provide proof of financial responsibility for the future if three years have elapsed since the entry of the judgment. Under this bill, such a person is not required to provide proof of financial responsibility if three years have elapsed since the date on which the order permitting payment of the judgment in instalments is filed with DOT.

Also under current law, a person whose operating privilege or vehicle registration is revoked for failing to pay such a judgment may not reinstate the person's operating privilege or vehicle registration unless the person provides and maintains proof of financial responsibility for the future. This requirement does not apply if three years have elapsed since the date of entry of the judgment which was the cause for revocation. Under this bill, the requirement to provide proof of financial responsibility as a condition of reinstatement does not apply if three years have elapsed since the date on which the judgment of monetary damages was satisfied, stayed or discharged.

Under current law, DOT requires certain motor vehicle operators to furnish proof of financial responsibility for the future with respect to any motor vehicle that will be operated by such persons. A vehicle operator may file a certification of insurance as proof of financial responsibility for the future certifying that there is in effect a motor vehicle liability policy insuring any motor vehicle that will be operated by such person with the permission of the vehicle owner. These certifications of insurance may also be filed by any motor vehicle owner who is required to furnish proof of financial responsibility for the future but such certifications are limited to any motor vehicle that will be operated by such person with the permission of the vehicle owner.

This bill provides that any motor vehicle owner who is required to file proof of financial responsibility for the future with DOT may file a certification of insurance that certifies that there is in effect a motor vehicle liability policy insuring all motor vehicles owned by such person and all persons who will be operating any such vehicle with the permission of its owner.

Finally, current law allows DOT and local highway authorities to require an applicant for a permit to transport a vehicle of excessive size or weight upon a highway to provide proof of liability insurance for harm or damage caused by transporting the oversize or overweight vehicle. Such proof of insurance is required for an annual permit to transport an oversize mobile home upon a highway.

This bill eliminates the requirement that an applicant for an annual permit to transport an oversize mobile home upon a highway provide proof of liability insurance. DOT and local highway authorities retain the authority to require such insurance for oversize mobile homes whenever DOT or the local highway authority believes such proof of insurance is appropriate.

Other

Current law specifies the location at which a vehicle identification number (VIN) assigned by DOT must be permanently affixed. This bill eliminates the statutory locations and requires DOT by rule to specify the locations for VIN placement.

Current law recognizes a "station wagon" as a distinct vehicle type, but treats that distinct vehicle type as an "automobile". This bill eliminates "station wagon" as a distinct vehicle type.

Under current law, the operator of a motor vehicle may not pass another motor vehicle within 100 feet of an intersection unless the intersection is marked for two or more lanes of vehicular traffic moving in the same direction or a traffic officer permits the operator to pass at the intersection. Outside of a business or residence district, the operator of a motor vehicle may pass other motor vehicles within 100 feet of an intersection unless the intersection is marked by an official traffic sign or signal.

This bill prohibits the operator of a motor vehicle from passing another motor vehicle within 100 feet of an intersection located outside of a business or residence district if the intersection is marked, in the direction of traffic, by a traffic control signal, stop sign, yield sign or warning sign that warns traffic of existing or potentially hazardous conditions on or adjacent to the roadway.

This bill renumbers the statutory provisions that prohibit making false statements to DOT. It also renumbers the statutory provision requiring an individual who receives a duplicate license or identification card to return to DOT the original license or identification card if the original license or identification card is available. The bill does not make any major substantive changes to current law.

Under current law, DOT administers the bicycle and pedestrian facilities program which provides grants to cities, villages, towns and counties to aid in building bicycle and pedestrian facilities. DOT is required to annually award grants based on applications submitted by April 1. This bill eliminates the requirement that DOT award grants annually under the bicycle and pedestrian facilities grant program. It also eliminates the April 1 deadline for submission of grant applications.

For further information, see the Notes provided by the law revision committee of the joint legislative council.

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:

Law revision committee prefatory note: This bill is a remedial legislation proposal, requested by the department of transportation and introduced by the law revision committee under s. 13.83 (1) (c) 4., stats. After careful consideration of the various provisions of this bill, the law revision committee has determined that this bill makes minor substantive changes in the statutes, and that these changes are desirable as a matter of public policy.

AB444, s. 1 Section 1 . 70.112 (5) of the statutes is amended to read:

AB444,6,5 70.112 (5) Motor vehicles, bicycles, snowmobiles. Every automobile, motor bicycle, motor bus, motorcycle, motor truck, moped, road tractor, school bus, snowmobile, station wagon, truck tractor, or other similar motor vehicle, or trailer or semitrailer used in connection therewith.

Note: Sections 1 , 2, 4 to 7, 9 to 21, 24 , 25, 27 , 28, 31 , 32, 42 , 47, 49 , 71 to 77 and 79 eliminate the definition of, and references to, station wagons which exist in the statutes. According to DOT, DOT does not distinguish between automobiles and station wagons for registration purposes, so the definition of, and references to, "station wagon" serves no useful purpose and should be deleted.

AB444, s. 2 Section 2 . 77.995 of the statutes is amended to read:

AB444,7,16 77.995 Imposition. There is imposed a fee at the rate of 3%, or 5% for the rental of limousines, of the gross receipts on the rental, but not for rerental and not for rental as a service or repair replacement vehicle of Type 1 automobiles, as defined in s. 340.01 (4) (a); of station wagons, as defined in s. 340.01 (61); of mobile homes, as defined in s. 340.01 (29); of motor homes, as defined in s. 340.01 (33m); and of camping trailers, as defined in s. 340.01 (6m) by establishments primarily engaged in short-term rental of vehicles without drivers, for a period of 30 days or less, unless the sale is exempt from the sales tax under s. 77.54 (1), (4), (7) (a), (7m) or (9a). In this section, "limousine" means a passenger automobile that has a capacity of 10 or fewer persons, excluding the driver; that has a minimum of 5 seats behind the driver; that is operated for hire on an hourly basis under a prearranged contract for the transportation of passengers on public roads and highways along a route under the control of the person who hires the vehicle and not over a defined regular route; but "limousine" does not include taxicabs, hotel or airport shuttles or buses, buses employed solely in transporting school children or teachers, vehicles owned and operated without charge or remuneration by a business entity for its own purposes, vehicles used in carpools or vanpools, public agency vehicles that are not operated as a commercial venture, vehicles operated as part of the employment transit assistance program under s. 106.26, ambulances or any vehicle that is used exclusively in the business of funeral directing.

AB444, s. 3 Section 3. 85.024 (2) of the statutes is amended to read:

AB444,8,2 85.024 (2) The department shall administer a bicycle and pedestrian facilities program to award grants of assistance to political subdivisions for the planning, development or construction of bicycle and pedestrian facilities. Annually, the The department shall award from the appropriation under s. 20.395 (2) (nx) grants to political subdivisions under this section. A political subdivision that is awarded a grant under this section shall contribute matching funds equal to at least 25% of the amount awarded under this section. The department shall select grant recipients annually beginning in 1994 from applications submitted to the department on or before April 1 of each year.

Note: This Section amends current law to allow DOT to award bicycle and pedestrian facility grants at any time during the calendar year and will eliminate the requirement that for each year's grants, all applications must be submitted on or before April 1 of each year.

AB444, s. 4 Section 4 . 340.01 (61) of the statutes is repealed.