LRB-4267/1
TNF:kmg:pg
2001 - 2002 LEGISLATURE
February 7, 2002 - Introduced by Law Revision Committee. Referred to Committee
on Transportation.
AB777,1,5 1An Act to amend 342.12 (4) (b) of the statutes; relating to: prohibiting the
2issuance of certificates of title transferring motor vehicle ownership in certain
3cases involving a refusal to take a test to determine an individual's blood alcohol
4concentration (suggested as remedial legislation by the department of
5transportation).
Analysis by the Legislative Reference Bureau
Under current law, if a person arrested for operating a motor vehicle while
under the influence of an intoxicant (OWI) refuses to take a test to determine the
amount of alcohol in his or her blood or breath, the law enforcement officer who
requested the test takes possession of the person's license, prepares a notice of intent
to revoke the person's operating privilege, and gives a copy of the notice to the person,
the circuit court, the district attorney, and the department of transportation (DOT).
If the person has three or more prior OWI-related convictions, suspensions, or
revocations, DOT is generally prohibited from issuing a certificate of title
transferring ownership of a motor vehicle if the vehicle is owned by the person and
involved in the violation.
1999 Wisconsin Act 109 inadvertently increased the number of prior
OWI-related convictions, suspensions, or revocations for this purpose from two to
three. This bill restores two prior OWI-related convictions, suspensions, or
revocations for purposes of DOT withholding the issuance of certificates of title in
these cases.

For further information, see the Notes provided by the law revision committee
of the joint legislative council.
For further information see the state 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 the department of transportation and introduced by the law
revision committee under s. 13.83 (1) (c) 4., stats. This bill is introduced by the law
revision committee under s. 13.83 (1) (c), stats. After careful consideration of the various
provisions of the 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.
AB777, s. 1 1Section 1. 342.12 (4) (b) of the statutes, as affected by 1999 Wisconsin Act 109,
2is amended to read:
AB777,2,93 342.12 (4) (b) Except as provided under par. (c), the department may not issue
4a certificate of title transferring ownership of the motor vehicle owned by a person
5and involved in the violation upon receipt of a notice of intent to revoke the person's
6operating privilege under s. 343.305 (9) (a), if the person has 3 2 or more prior
7convictions, suspensions, or revocations, as counted under s. 343.307 (1), until the
8court assigned to the hearing under s. 343.305 (9) issues an order permitting the
9department to issue a certificate of title.
Note: Under current law, if a person who is arrested for operating a motor vehicle
while under the influence of an intoxicant (OWI) refuses to take a test to determine the
amount of alcohol in the person's blood or breath, the law enforcement officer must take
possession of the person's license and prepare a notice of intent to revoke the person's
operating privilege. That notice must be sent to the department of transportation (DOT),
among others. If the person has three or more OWI-related convictions, revocations, or
suspensions, DOT is then prohibited from issuing a certificate of title transferring
ownership of the person's motor vehicle.
The number of prior OWI-related convictions, revocations, or suspensions was
inadvertently increased from two to three by 1999 Act 109. Section 1 restores the
requirement of two OWI-related convictions, revocations, or suspensions.
AB777, s. 2 10Section 2. Initial applicability.
AB777,3,2
1(1) This act first applies to certificates of title issued on the effective date of this
2subsection.
AB777, s. 3 3Section 3. Effective date.
AB777,3,54 (1) This act takes effect on on January 1, 2002, or on the day after publication,
5whichever is later.
AB777,3,66 (End)
Loading...
Loading...