AB965: Bill Text

LRB-3893/1

ARG:kjf:rs

2005 - 2006 LEGISLATURE

2005 Assembly BILL 965

January 31, 2006 - Introduced by Representatives Rhoades, Albers, Gunderson, Hines, Kestell, Krawczyk, Mursau, Musser, Petrowski, Sheridan, Turner and M. Williams. Referred to Committee on Transportation.

AB965,1,7 An Act to amend 85.103 (2), 100.51 (5) (b) 1., 343.51 (title) and (1), 343.51 (1m), (2) (a) and (c) and (3), 343.52 (title), (1) (a) and (b), (1m) and (2), 346.50 (2a) (intro.), (h), (j) and (k), (3) and (3m) (b) 1., 346.503 (title) and (1), 346.505 (title) and (2), 349.13 (1m), 349.145 and 756.04 (1) (b); and to create 341.16 (1m), 341.266 (2) (cm) and 343.51 (1g) of the statutes; relating to: decals on special interest vehicles that provide parking privileges for persons with physical disabilities.

Analysis by the Legislative Reference Bureau

Under current law, a person with a disability that limits or impairs the ability to walk may apply for and obtain from the Department of Transportation (DOT) special motor vehicle registration plates or a special identification card, or both, entitling a motor vehicle used by the person with a disability to certain parking privileges, including parking in spaces reserved for use by such vehicles. These parking privileges for a special identification card holder, with limited exceptions, apply to any motor vehicle parked by or under the direction of the card holder or to any motor vehicle operated by or on behalf of a card holder organization and used to transport a person eligible for a card.

Also under current law, an owner of a special interest vehicle that is 20 or more years old may, under specified circumstances, register the vehicle as a special interest vehicle. A special interest vehicle, commonly known as a "collector vehicle," is a motor vehicle that has not been changed from its original manufacturer's specifications and that is being preserved for its historic interest. Vehicles registered as special interest vehicles are issued distinctive registration plates, commonly known as "collector plates," that identify the vehicle as a special interest vehicle owned by a Wisconsin vehicle collector and that display the vehicle owner's collector's identification number. A special interest vehicle may be reregistered for no additional fee if, with an exception, the vehicle is not operated on the highways during the month of January.

Under this bill, a person who is eligible for a special identification card, whose disability is permanent, and who has registered a special interest vehicle may obtain, in lieu of a special identification card, a special identification decal that may be displayed on a registration plate of the special interest vehicle. The special identification decal provides the same parking privileges as a special identification card. If the decal expires or is otherwise no longer valid and no valid replacement decal is issued, the person must obtain a replacement collector's plate from DOT that does not bear a decal and destroy the collector's plate bearing the decal.

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:

AB965, s. 1 Section 1. 85.103 (2) of the statutes is amended to read:

AB965,2,11 85.103 (2) The department shall include on any form for application for original registration under s. 341.08, for application for renewal of registration under s. 341.08, for application for a certificate of title under s. 342.06, for application for a license or identification card or renewal of a license or identification card under s. 343.14 and for application for a special identification card or decal under s. 343.51, a place for the individual to designate that the individual's personal identifiers may not be disclosed in information compiled or maintained by the department that contains the personal identifiers of 10 or more individuals, a statement indicating the effect of making such a designation and a place for an applicant or registrant who has made a designation under this subsection or sub. (3) to reverse the designation.

AB965, s. 2 Section 2. 100.51 (5) (b) 1. of the statutes is amended to read:

AB965,3,5 100.51 (5) (b) 1. The motor vehicle displays special registration plates issued under s. 341.14 (1), (1a), (1m), (1q) or (1r) (a) or a special identification card or decal issued under s. 343.51 or is a motor vehicle registered in another jurisdiction and displays a registration plate, card, decal, or emblem issued by the other jurisdiction that designates that the vehicle is used by a physically disabled person.

AB965, s. 3 Section 3. 341.16 (1m) of the statutes is created to read:

AB965,3,14 341.16 (1m) Whenever a special identification decal under s. 343.51 (1g) displayed on a registration plate provided under s. 341.266 (2) (c) expires or is otherwise no longer valid and no valid replacement decal is issued by the department, the owner of the vehicle to which the plate is attached shall apply to the department for a replacement plate. Upon satisfactory proof of eligibility for a replacement plate under this subsection, and upon payment of a fee of $2 for each plate, the department shall issue a replacement plate and the applicant shall destroy, as provided under sub. (3), the plate on which the decal is displayed.

AB965, s. 4 Section 4. 341.266 (2) (cm) of the statutes is created to read:

AB965,3,24 341.266 (2) (cm) Any person issued a special identification decal under s. 343.51 (1g) may display the decal on the registration plates provided to the person under par. (c). Notwithstanding s. 341.61 (3), the decal shall be placed on the rear registration plate in the manner directed by the department, except that, if the vehicle is a vehicle described in s. 341.15 (1m) (b), the decal shall be placed on the front registration plate in the manner directed by the department. If the decal expires or is otherwise no longer valid and no valid replacement decal is issued by the department, the person shall apply to the department for a replacement registration plate as provided under s. 341.16 (1m).

AB965, s. 5 Section 5. 343.51 (title) and (1) of the statutes are amended to read:

AB965,4,22 343.51 (title) Special identification cards and decals for physically disabled. (1) Any person who qualifies for registration plates of a special design under s. 341.14 (1), (1a), (1m) or (1q) or any other person with a disability that limits or impairs the ability to walk may request from the department a special identification card that will entitle any motor vehicle, other than a motorcycle, parked by, or under the direction of, the person, or a motor vehicle, other than a motorcycle, operated by or on behalf of the organization when used to transport such a person, to parking privileges under s. 346.50 (2), (2a) and (3). The Subject to sub. (1g), the department shall issue the card at a fee to be determined by the department, upon submission by the applicant, if the applicant is an individual rather than an organization, of a statement from a physician licensed to practice medicine in any state, from an advanced practice nurse licensed to practice nursing in any state, from a physician assistant licensed or certified to practice in any state, from a chiropractor licensed to practice chiropractic in any state or from a Christian Science practitioner residing in this state and listed in the Christian Science journal that the person is a person with a disability that limits or impairs the ability to walk. The statement shall state whether the disability is permanent or temporary and, if temporary, the opinion of the physician, advanced practice nurse, physician assistant, chiropractor or practitioner as to the duration of the disability. The department shall issue the card upon application by an organization on a form prescribed by the department if the department believes that the organization meets the requirements under this subsection.

AB965, s. 6 Section 6. 343.51 (1g) of the statutes is created to read:

AB965,5,10 343.51 (1g) Any person who is eligible for a special identification card under sub. (1), whose disability is permanent, and who maintains registration of a special interest vehicle under s. 341.266 (2) (a) may request from the department, in lieu of the special identification card specified in sub. (1), a decal to be affixed to a registration plate of the special interest vehicle. The decal entitles the special interest vehicle to the same parking privileges, with the same limitations, described in sub. (1). The fee for a decal shall be the same as the fee established by the department under sub. (1) for a card and, upon request, the department shall issue to an eligible applicant both a decal under this subsection and a card under sub. (1) without charging any fee in addition to the fee specified under sub. (1). A decal issued under this subsection shall be displayed as provided in s. 341.266 (2) (cm). A decal issued under this subsection is not a registration decal for purposes of ch. 341.

AB965, s. 7 Section 7. 343.51 (1m), (2) (a) and (c) and (3) of the statutes are amended to read:

AB965,5,15 343.51 (1m) The form for application for a special identification card under sub. (1) or a decal under sub. (1g) shall include the information required under s. 85.103 (2).

AB965,5,25 (2) (a) The department shall prescribe the form and size of identification cards and decals issued under this section and shall promulgate rules regarding the issuance and use of the cards and decals. The identification cards and decals shall be designed, and the identification cards shall be displayed, so as to enable law enforcement officers to determine that the vehicle, when parked, is entitled to parking privileges under s. 346.50 (2), (2a) and (3), but shall not be unnecessarily conspicuous when the vehicle is operated. The department may establish an expiration date for any special identification card issued prior to July 1, 1994. Except as provided in par. (b), any special identification card issued after June 30, 1994, cards and decals shall be valid for 4 years.

AB965,6,7 (c) At least 30 days prior to the expiration of the card or decal, the department shall mail a renewal application to the last-known address of each identification card or decal holder. The application shall include all of the information required for issuance of a special identification card under sub. (1) or a decal under sub. (1g). The fee for a renewal identification card or decal shall be the fee established by the department under sub. (1). Except as provided in par. (b), each card or decal shall be valid for 4 years.

AB965,6,11 (3) The department shall disseminate information to all applicants for a special identification card under sub. (1) or a decal under sub. (1g) relating to the parking privileges granted under s. 346.50 (2), (2a) or (3) and their right to request enforcement of s. 346.505.

AB965, s. 8 Section 8. 343.52 (title), (1) (a) and (b), (1m) and (2) of the statutes are amended to read:

AB965,6,17 343.52 (title) Unlawful use of special identification cards and decals. (1) (a) Lends to another a special identification card or decal issued under s. 343.51, knowing that the person borrowing the card or decal is not authorized by law to use it; or

AB965,6,19 (b) Displays a special identification card or decal issued under s. 343.51 upon a vehicle which is not authorized by law to have the card or decal displayed thereon.

AB965,6,23 (1m) Any person or organization that fraudulently procures, alters or uses a special identification card or decal issued under s. 343.51 or reproduces by any means whatever a special identification card or decal shall forfeit not less than $200 nor more than $500.

AB965,7,6 (2) The department shall cancel the special identification card or decal of any person or organization who improperly uses a card or decal as described in sub. (1) or who reproduces or fraudulently procures, alters or uses a card or decal under sub. (1m). The department may order a person or organization whose identification card or decal has expired or has been canceled to surrender the card or decal to the department. The department may take possession of any expired identification card or decal or any identification card or decal required to be canceled or may direct any traffic officer to take possession thereof and return it to the department.

AB965, s. 9 Section 9. 346.50 (2a) (intro.), (h), (j) and (k), (3) and (3m) (b) 1. of the statutes are amended to read:

AB965,7,22 346.50 (2a) (intro.) Except as provided in sub. (3m), a motor vehicle bearing special registration plates issued under s. 341.14 (1a), (1e), (1m), (1q) or (1r) (a) or a motor vehicle, other than a motorcycle, upon which a special identification card or decal issued under s. 343.51 is displayed or a motor vehicle registered in another jurisdiction upon which is displayed a registration plate, a card, decal, or an emblem issued by the other jurisdiction designating the vehicle as a vehicle used by a physically disabled person is exempt from any ordinance imposing time limitations on parking in any street or highway zone and parking lot, whether municipally owned or leased, or both municipally owned and leased or a parking place owned or leased, or both owned and leased by a municipal parking utility, with one-half hour or more limitation but otherwise is subject to the laws relating to parking. Where the time limitation on a metered stall is one-half hour or more, no meter payment is required. Parking privileges granted by this subsection are limited to the following:

AB965,7,24 (h) A person or organization to whom a special identification card or decal was issued under s. 343.51.

AB965,8,3 (j) A qualified operator acting under the express direction of a person to whom a special identification card or decal was issued under s. 343.51 when such person is present.

AB965,8,8 (k) A qualified operator of a motor vehicle registered in another jurisdiction upon which is displayed a registration plate, a card, a decal, or an emblem issued by the other jurisdiction designating the vehicle as a vehicle used by a physically disabled person if the vehicle is transporting the disabled person for whom the plate, card, decal, or emblem was issued.

AB965,8,19 (3) Except as provided in sub. (3m), a vehicle bearing special registration plates issued under s. 341.14 (1), (1a), (1e), (1m), (1q) or (1r) (a) or a motor vehicle, other than a motorcycle, upon which a special identification card or decal issued under s. 343.51 is displayed or a motor vehicle registered in another jurisdiction upon which is displayed a registration plate, a card, a decal, or an emblem issued by the other jurisdiction designating the vehicle as a vehicle used by a person with a physical disability is exempt from s. 346.505 (2) (a) or any ordinance in conformity therewith prohibiting parking, stopping or standing upon any portion of a street, highway or parking facility reserved for persons with physical disabilities by official traffic signs indicating the restriction. Stopping, standing and parking privileges granted by this subsection are limited to the persons listed under subs. (2) and (2a) (a) to (m).

AB965,9,2 (3m) (b) 1. Before enactment, the city council seeks the advice and recommendation of a disabled parking council of at least 7 members established by an ordinance of the city or, if the city has established a disabled parking enforcement assistance council under s. 349.145, by that council, and holds a public hearing on the proposal. The majority of the members of any disabled parking council shall be appointed by the city council from among those residents of the city to whom or on whose behalf the department has issued a special registration plate under s. 341.14 (1) to (1r) or a special identification card or decal under s. 343.51.

AB965, s. 10 Section 10. 346.503 (title) and (1) of the statutes are amended to read:

AB965,9,12 346.503 (title) Parking spaces for vehicles displaying special registration plates or special identification cards or decals. (1) In this section, "motor vehicle used by a physically disabled person" means a motor vehicle bearing special registration plates issued under s. 341.14 (1), (1a), (1e), (1m), (1q) or (1r) (a) or a motor vehicle, other than a motorcycle, upon which a special identification card or decal issued under s. 343.51 is displayed or a motor vehicle registered in another jurisdiction and displaying a registration plate, card, decal, or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a physically disabled person.

AB965, s. 11 Section 11. 346.505 (title) and (2) of the statutes are amended to read:

AB965,9,16 346.505 (title) Stopping, standing or parking prohibited in parking spaces reserved for vehicles displaying special registration plates or special identification cards or decals.

AB965,9,24 (2) (a) Except for a motor vehicle used by a physically disabled person as defined under s. 346.503 (1), no person may park, stop or leave standing any vehicle, whether attended or unattended and whether temporarily or otherwise, upon any portion of a street, highway or parking facility reserved, by official traffic signs indicating the restriction, for vehicles displaying special registration plates issued under s. 341.14 (1), (1a), (1e), (1m), (1q) or (1r) (a) or a special identification card or decal issued under s. 343.51 or vehicles registered in another jurisdiction and displaying a registration plate, card, decal, or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a physically disabled person.

AB965,10,12 (b) No person may park, stop or leave standing any vehicle, whether attended or unattended and whether temporarily or otherwise, upon any portion of a street, highway or parking facility so as to obstruct, block or otherwise limit the use of any portion of a street, highway or parking facility reserved, by official traffic signs indicating the restriction, for vehicles displaying special registration plates issued under s. 341.14 (1), (1a), (1e), (1m), (1q) or (1r) (a) or a special identification card or decal issued under s. 343.51 or vehicles registered in another jurisdiction and displaying a registration plate, card, decal, or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a physically disabled person.

AB965,10,23 (c) Notwithstanding par. (b), no person may park, stop or leave standing any vehicle, whether attended or unattended and whether temporarily or otherwise, upon any portion of a street, highway or parking facility that is clearly marked as and intended to be an access aisle to provide entry to and exit from vehicles by persons with physical disabilities and which is immediately adjacent to any portion of a street, highway or parking facility reserved, by official traffic signs indicating the restriction, for vehicles displaying special registration plates issued under s. 341.14 (1), (1a), (1e), (1m), (1q) or (1r) (a) or a special identification card or decal issued under s. 343.51 or vehicles registered in another jurisdiction and displaying a registration plate, card, decal, or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a person with a physical disability.

AB965, s. 12 Section 12. 349.13 (1m) of the statutes is amended to read: