LRB-4402/2
ARG:jld:rs
2001 - 2002 LEGISLATURE
February 18, 2002 - Introduced by Representatives Stone, Pettis, Ainsworth,
Jeskewitz, Kaufert, Musser, Powers, Ryba, Sykora, Townsend and Turner,
cosponsored by Senators Huelsman and Rosenzweig. Referred to Committee
on Transportation.
AB827,1,2
1An Act to amend 342.09 (2) (intro.) and 342.15 (3) of the statutes;
relating to:
2transfers of ownership of vehicles.
Analysis by the Legislative Reference Bureau
Current law requires the owner of a vehicle (owner), when transferring an
interest in the vehicle, to record certain information on the vehicle's certificate of title
and deliver the certificate of title to the person taking the interest in the vehicle
(buyer). The owner must also, in most circumstances, remove the registration plates
from the the vehicle. Upon receiving the certificate of title, the buyer must promptly
complete an application for a new certificate of title and submit the application and
the old certificate of title to the department of transportation (DOT), which then
updates its records. Except as between the parties, a transfer is not effective until
all requirements of the owner and buyer have been satisfied.
This bill provides that a transfer of a vehicle is effective, regardless of whether
the buyer satisfies his or her obligations, if the owner satisfies his or her obligations
and also notifies DOT of the transfer by submitting to DOT a photocopy of the
executed certificate of title or by providing notice in any other form prescribed by
DOT. The bill further requires DOT to keep records of notices of sale received from
owners.
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:
AB827, s. 1
1Section
1. 342.09 (2) (intro.) of the statutes is amended to read:
AB827,2,42
342.09
(2) (intro.) The department shall maintain a record of all applications
3and, all certificates of title issued by it
, and all notices of transfer received by it under
4s. 342.15 (3):
AB827, s. 2
5Section
2. 342.15 (3) of the statutes is amended to read:
AB827,2,156
342.15
(3) Except as provided in s. 342.16 and as between the parties, a transfer
7by an owner is not effective until the provisions of
this section subs. (1), (2), and (4) 8have been complied with
or, unless the vehicle is a junk vehicle or has been junked,
9until the owner has complied with the provisions of subs. (1) and (4) and has notified
10the department of the transfer by mailing or delivering a photocopy of the certificate
11of title that was mailed or delivered to the transferee under sub. (1) or by providing
12notice of the transfer in any other form prescribed by the department. An owner who
13has delivered possession of the vehicle to the transferee and has complied with the
14provisions of
this section subs. (1) and (4) is not liable as owner for any damages
15thereafter resulting from operation of the vehicle.
AB827,2,1817
(1)
This act takes effect on the first day of the 4th month beginning after
18publication.
