AB844,1,8 1An Act to repeal 194.03 (5); and to amend 85.07 (7) (a), 194.03 (5m) (a), 194.03
2(5m) (b), 194.04 (1) (title), 194.04 (1) (b), 194.04 (1) (c), 342.155 (4) (b) and 346.65
3(2) (am) 1. of the statutes; relating to: planning for certain federal highway
4money distribution transfers; correcting a cross-reference related to penalties
5for drunk driving; penalties for violations of motor vehicle mileage disclosure
6requirements; certain references to obsolete federal motor carrier law; and
7providing a criminal penalty (suggested as remedial legislation by the
8Department of Transportation).
Analysis by the Legislative Reference Bureau
Under current federal law, if a state does not have a qualifying safety belt
statute, as a penalty certain federal highway moneys distributed to the state may be
transferred from, generally, highway construction funding to highway safety
funding. Currently, the Department of Transportation must annually prepare a plan
to use, for purposes of state and local emergency medical services, at least 25 percent
of the federal funds that would be transferred under this federal penalty provision
were it to be applied to the state. Current law also requires DOT to consult with the
Council on Highway Safety, the Department of Health Services, and the Emergency
Medical Services Board before preparing the plan.

Under this bill, DOT must prepare the plan only in years in which DOT expects
that federal funds distributed to the state will be transferred under the penalty
provision and DOT is not required to consult with the Council on Highway Safety
before preparing the plan.
This bill corrects an erroneous cross-reference related to penalties for driving
under the influence of an intoxicant.
Current law imposes certain requirements related to reporting a motor
vehicle's mileage upon transfer of the vehicle. Specifically, 1) a transferor may not
transfer ownership of a motor vehicle without disclosing the vehicle's mileage in
writing to the transferee; 2) a transferor may not knowingly make a false statement
in disclosing the vehicle's mileage to a transferee; and 3) no person may alter, erase,
or obliterate any information contained on a mileage disclosure statement. Current
law provides two inconsistent penalties for a person who violates one of these
provisions with intent to defraud. Specifically, the current provision provides that a
person who violates one of the above provisions with intent to defraud 1) may be fined
not more than $5,000 or imprisoned for not more than seven years and six months
or both; and 2) is guilty of a Class H felony, which is punishable by a fine not to exceed
$10,000 or imprisonment not to exceed six years or both.
This bill eliminates the reference to a fine of not more than $5,000 or
imprisonment for not more than seven years and six months or both. Under this bill,
any person who violates one of the above provisions with intent to defraud is guilty
of Class H felony.
Currently, two statutory provisions reference the no longer extant Interstate
Commerce Commission. This bill replaces those references with references to the
federal Surface Transportation Board. Also under current law, three statutory
provisions reference state motor carrier certificates for interstate operation that are
no longer authorized under federal law. This bill removes these references.
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:
AB844,1 1Section 1 . 85.07 (7) (a) of the statutes is amended to read:
AB844,3,52 85.07 (7) (a) The In any year that the department expects that federal funds
3will be transferred under 23 USC 153 (h), the
department shall annually prepare a
4plan to use, for purposes of state and local emergency medical services, at least 25
5percent of any federal the funds transferred under 23 USC 153 (h). The department

1shall prepare the plan after consulting with the council on highway safety, the
2department of health services and the emergency medical services board. Funds
3expended under the plan may not be used to supplant other federal and state funds
4used for emergency medical services purposes. Funds may not be expended under
5the plan unless any necessary federal approval of the plan has been obtained.
Note: Section 1 eliminates the requirement that the Department of
Transportation (DOT) must annually prepare a plan, in consultation with the Council on
Highway Safety, Department of Health Services, and the Emergency Medical Services
Board, to use federal funds transferred to highway safety funding as a penalty under 23
USC 153
(h). The bill provides instead that DOT must prepare the plan only in years in
which it expects a penalty transfer of federal funds will occur, and removes the
requirement that DOT consult with the Council on Highway Safety before preparing the
plan.
AB844,2 6Section 2 . 194.03 (5) of the statutes is repealed.
AB844,3 7Section 3 . 194.03 (5m) (a) of the statutes is amended to read:
AB844,3,118 194.03 (5m) (a) A person may assert as a defense to the claim the existence of
9a freight charge agreement between the person and the motor carrier which applies
10to the carriage of the freight at issue and which has not been filed as a tariff with the
11interstate commerce commission federal surface transportation board.
AB844,4 12Section 4 . 194.03 (5m) (b) of the statutes is amended to read:
AB844,3,1613 194.03 (5m) (b) A court shall request the interstate commerce commission
14federal surface transportation board or other appropriate federal agency to issue an
15advisory opinion on any issue which the court determines is within the primary
16jurisdiction of that agency.
Note: Sections 3 and 4 eliminate references to the no longer extant Interstate
Commerce Commission and replace those references with references to the federal
Surface Transportation Board.
AB844,5 17Section 5 . 194.04 (1) (title) of the statutes is amended to read:
AB844,3,1818 194.04 (1) (title) Authority to operate in intrastate commerce.
AB844,6 19Section 6 . 194.04 (1) (b) of the statutes is amended to read:
AB844,4,6
1194.04 (1) (b) Every applicant for a certificate shall pay a fee of $500 for a
2common motor carrier of property certificate or $50 for a common motor carrier of
3passengers certificate, except that an applicant for a certificate under the federal
4motor carrier act of 1935 or for authority to transport in interstate commerce
5commodities which are exempt from regulation by the interstate commerce
6commission shall pay a fee of $25
.
AB844,7 7Section 7 . 194.04 (1) (c) of the statutes is amended to read:
AB844,4,118 194.04 (1) (c) Every applicant for a license shall pay a fee of $500, except that
9an applicant for a license under the federal motor carrier act of 1935 or for authority
10to transport in interstate commerce commodities which are exempt from regulation
11by the interstate commerce commission shall pay a fee of $25
.
Note: Sections 2, 5 , 6, and 7 eliminate references to state motor carrier certificates
for interstate operation that are no longer required by federal law.
AB844,8 12Section 8 . 342.155 (4) (b) of the statutes is amended to read:
AB844,4,1513 342.155 (4) (b) Any person who violates this section with intent to defraud may
14be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months
15or both
is guilty of Class H felony.
Note: Section 8 eliminates language that provides a person may be fined not more
than $5,000 or imprisoned for not more than 7 years and 6 months or both for certain
violations of motor vehicle mileage disclosure requirements. The bill retains current
language that the penalty for such violations is a Class H Felony.
AB844,9 16Section 9 . 346.65 (2) (am) 1. of the statutes is amended to read:
AB844,4,1817 346.65 (2) (am) 1. Shall forfeit not less than $150 nor more than $300, except
18as provided in subds. 2. to 5. 7. and par. (f).
Note: Section 9 corrects a cross-reference to clarify that the penalties in s. 346.65
(2) (am) 6. and 7., stats., apply to persons who are subject to those subdivisions.
AB844,10 19Section 10. Initial applicability.
AB844,5,2
1(1) The treatment of section 342.155 (4) (b) of the statutes first applies to
2offenses committed on the effective date of this subsection.
AB844,5,33 (End)
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