AB100: Bill Text Engrossed

AB100-engrossed, s. 4010m Section 4010m. 341.28 (1) of the statutes is amended to read:

AB100-engrossed,1896,6 341.28 (1) The applicant for registration of an automobile under the monthly series system of registration prescribed by s. 341.27 shall pay in full the annual registration fee prescribed by law, except as otherwise provided in this section.

AB100-engrossed, s. 4010p Section 4010p. 341.28 (2) (intro.) of the statutes is amended to read:

AB100-engrossed,1896,15 341.28 (2) (intro.) If the applicant for registration holds current registration plates which were removed from an automobile which the applicant no longer owns or which has been junked, is no longer being used on the highways or has been registered as a special interest vehicle under s. 341.266 (2) (a) or a reconstructed, replica, street modified or homemade vehicle under s. 341.268 (2) (a), and the plates were issued under the monthly series system of registration prescribed by s. 341.27, the applicant is exempt from the payment of a registration fee, except in the following cases:

AB100-engrossed, s. 4011m Section 4011m. 341.28 (2) (b) of the statutes is amended to read:

AB100-engrossed,1897,8 341.28 (2) (b) If the automobile which is the subject of the application was owned by the applicant at the time of and on or before the 15th day of the month in which the transfer, termination of the consumer lease, discontinuance of use on the highways, junking or registration under s. 341.266 (2) (a) or 341.268 (2) (a) of the other automobile occurred and was not currently registered at the time of such transfer, termination of the consumer lease, discontinuance of use on the highways, junking or registration under s. 341.266 (2) (a) or 341.268 (2) (a), the applicant shall pay a fee to be computed as provided in subs. (3) to (5) but shall receive a credit for the unused portion of the current registration. The credit shall be computed on the basis of one-twelfth of the annual fee paid for the vehicle from which the plates were removed multiplied by the number of months remaining in the registration period represented by the removed plates, including the month during which the applicant transferred, discontinued to use on the highways, junked or registered under s. 341.266 (2) (a) or 341.268 (2) (a) or terminated the consumer lease of the automobile from which the plates were removed if the transfer, termination of the consumer lease, discontinuance of use on the highways, junking or registration under s. 341.266 (2) (a) or 341.268 (2) (a) occurred on or before the 15th day of the month.

AB100-engrossed, s. 4011q Section 4011q. 341.28 (2) (b) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-engrossed,1898,3 341.28 (2) (b) If the automobile which is the subject of the application was owned by the applicant at the any time of and on or before the 15th day of during the month in which the transfer, termination of the consumer lease, discontinuance of use on the highways, junking or registration under s. 341.266 (2) (a) or 341.268 (2) (a) of the other automobile occurred and was not currently registered at the time of such transfer, termination of the consumer lease, discontinuance of use on the highways, junking or registration under s. 341.266 (2) (a) or 341.268 (2) (a), the applicant shall pay a fee to be computed as provided in subs. (3) to (5) but shall receive a credit for the unused portion of the current registration. The credit shall be computed on the basis of one-twelfth of the annual fee paid for the vehicle from which the plates were removed multiplied by the number of months remaining in the registration period represented by the removed plates, including the month during which the applicant transferred, discontinued to use on the highways, junked or registered under s. 341.266 (2) (a) or 341.268 (2) (a) or terminated the consumer lease of the automobile from which the plates were removed if the transfer, termination of the consumer lease, discontinuance of use on the highways, junking or registration under s. 341.266 (2) (a) or 341.268 (2) (a) occurred on or before the 15th day of the month.

AB100-engrossed, s. 4012m Section 4012m. 341.28 (7) (a) of the statutes is amended to read:

AB100-engrossed,1898,14 341.28 (7) (a) If the first operation of an automobile under circumstances making the owner liable for its registration in this state occurs on or before the 15th day of a given month, the registration period commences on the first day of such month. If the first operation occurs on or after the 16th day of a given month, the registration period commences on the first day of the following month. "First operation" means operation of an automobile for the first time after it was transferred or leased to the applicant or after it was registered in another state or after an active service refund or after the expiration of 12 months of nonoperation since expiration of the last registration in this state or after it was no longer used on the highways.

AB100-engrossed, s. 4012q Section 4012q. 341.28 (7) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-engrossed,1899,2 341.28 (7) (a) If the first operation of The registration period for an automobile commences when the first operation of the automobile under circumstances making the owner liable for its registration in this state occurs on or before the 15th day of a given month, the registration period commences on the first day of such month. If the first operation occurs on or after the 16th day of a given month, the registration period commences on the first day of the following month. "First . For puposes of this paragraph, "first operation" means operation of an automobile for the first time after it was transferred or leased to the applicant or after it was registered in another state or after an active service refund or after the expiration of 12 months of nonoperation since expiration of the last registration in this state or after it was no longer used on the highways.

AB100-engrossed, s. 4013m Section 4013m. 341.28 (7) (b) of the statutes is amended to read:

AB100-engrossed,1899,18 341.28 (7) (b) In the case of an automobile which has not previously been registered or which has not been registered in this state by the present owner since the owner last acquired ownership of the automobile, the department shall assume that the date of first operation within the meaning of par. (a) is the date of the bill of sale evidencing the transfer of ownership to the applicant or, with respect to a leased vehicle, the date of commencement of the lease by the applicant, unless the applicant files with the department a statement that the automobile was not so operated until a later date, specifying the date of such first operation. In the case of at least 12 months of nonoperation of an automobile previously registered by the applicant, the applicant must file with the department a statement that he or she did not operate or consent to the operation of the automobile under circumstances making it subject to registration in this state during such 12-month period and must specify the date following such period when the automobile was first so operated. The department may refuse to accept a statement which projects the date of first operation into the future.

AB100-engrossed, s. 4014m Section 4014m. 341.305 (2) (bm) of the statutes is amended to read:

AB100-engrossed,1899,22 341.305 (2) (bm) A motor truck or truck tractor which is owned or leased by a retail lumberyard and used exclusively to transport building construction materials from that lumberyard to a building construction site.

AB100-engrossed, s. 4015m Section 4015m. 341.31 (1) (b) 2. of the statutes is amended to read:

AB100-engrossed,1899,25 341.31 (1) (b) 2. The vehicle was transferred or leased to the applicant after the expiration of the last registration in this state; or

AB100-engrossed, s. 4016m Section 4016m. 341.31 (1) (b) 5. of the statutes is amended to read:

AB100-engrossed,1900,4 341.31 (1) (b) 5. The vehicle is a motorcycle which has been transferred or leased to the applicant and for which current registration plates had been issued to the previous owner; or

AB100-engrossed, s. 4017m Section 4017m. 341.31 (1) (b) 6. of the statutes is amended to read:

AB100-engrossed,1900,10 341.31 (1) (b) 6. The vehicle which has been transferred to or leased by the applicant is a motor home or a motor truck, dual purpose motor home or dual purpose farm truck which had been registered by the previous owner at a gross weight of 8,000 pounds or less or is a farm truck which had been registered by the previous owner at a gross weight of 12,000 pounds or less; or

AB100-engrossed, s. 4018m Section 4018m. 341.31 (2) (a) of the statutes is amended to read:

AB100-engrossed,1901,2 341.31 (2) (a) For vehicles registered under the conditions in sub. (1) (a), (b) or (d), the fee for the current registration period shall be computed on the basis of one-twelfth of the annual registration fee or one twenty-fourth of the biennial registration fee prescribed for the vehicle multiplied by the number of months of the current registration period which have not fully expired on the date the vehicle first is operated by or with the consent of the applicant under circumstances making it subject to registration in this state plus, in case of a quarterly registration, $5. In the case of a vehicle which has not previously been registered or which has not been registered in this state by the present owner since the owner last acquired ownership of the vehicle, the department shall assume that the date of first operation is the date of the bill of sale evidencing transfer of ownership to the applicant or, with respect to a leased vehicle, the date of commencement of the lease by the applicant, unless he or she files with the department a statement that the vehicle was not so operated until a later date, specifying the date of such first operation. The department may refuse to accept any statement which projects the date of first operation into the future.

AB100-engrossed, s. 4019m Section 4019m. 341.31 (4) (a) of the statutes is amended to read:

AB100-engrossed,1901,13 341.31 (4) (a) The transferee or lessee of a vehicle registered as provided in s. 341.29, 341.295 or 341.30 is not subject to the payment of any registration fee for the remainder of the period for which the vehicle is registered unless, by reason of his or her status or the use to which the vehicle is put, the fee prescribed by law is higher than that paid by the former owner. In such event, the fee shall be computed on the basis of one-twelfth of the difference between the 2 annual fees multiplied by the number of months of the current registration period which have not fully expired on the date, after the vehicle is acquired by the applicant, when such vehicle is first operated by him or her or with his or her consent under circumstances making it subject to registration in this state.

AB100-engrossed, s. 4020m Section 4020m. 341.31 (4) (b) of the statutes is amended to read:

AB100-engrossed,1901,21 341.31 (4) (b) A person retaining a set of plates removed from a vehicle under s. 342.15 (4) (a) or 342.34 (1) (c) or (2) (c) and which was junked or transferred, is no longer leased to the person or used on the highways or has been registered as a special interest vehicle under s. 341.266 (2) (a) or a reconstructed, replica, street modified or homemade vehicle under s. 341.268 (2) (a) may receive credit for the unused portion of the registration fee paid when registering a replacement vehicle of the same type and gross weight.

AB100-engrossed, s. 4021m Section 4021m. 341.31 (5) of the statutes is amended to read:

AB100-engrossed,1902,3 341.31 (5) This section does not apply to vehicles registered at a fee of $5 under s. 341.26. Such vehicles, whether registered for a full period or part thereof and whether or not previously registered, shall be registered at the full fee. If a person authorized to register a vehicle at a fee of $5 under s. 341.26 transfers the vehicle to a person not so authorized or no longer leases the vehicle, the fee payable by the transferee shall be computed as for a vehicle not previously registered in this state.

AB100-engrossed, s. 4022g Section 4022g. 341.33 (3) of the statutes is amended to read:

AB100-engrossed,1902,15 341.33 (3) Upon request, the department shall refund 50% of a registration fee paid for a vehicle registered on a biennial basis if the person who registered the vehicle furnishes such proof as the department requires that the person has transferred his or her interest in the vehicle or terminated leasing the vehicle before the beginning of the 2nd year of the period for which the vehicle is registered or that the vehicle will not be operated in this state after the beginning of the 2nd year of the period for which the vehicle is registered. The department may require the person to return the certificate of registration and registration plates for the vehicle to the department. Except as provided in sub. (1), the department may not refund more than 50% of the fee paid for the registration of a vehicle registered on a biennial basis.

AB100-engrossed, s. 4022m Section 4022m. 341.35 (6r) of the statutes is created to read:

AB100-engrossed,1902,18 341.35 (6r) Use of fee proceeds. Any municipality or county receiving moneys under sub. (6) shall use the moneys only for transportation related purposes.

AB100-engrossed, s. 4023m Section 4023m. 341.40 (2) of the statutes is amended to read:

AB100-engrossed,1902,22 341.40 (2) If the owner of any such vehicle moves to Wisconsin or if the vehicle is purchased by or leased to a Wisconsin resident, the vehicle immediately becomes subject to the laws of this state providing for the registration of vehicles.

AB100-engrossed, s. 4028m Section 4028m. 341.65 (1) (am) of the statutes is created to read:

AB100-engrossed,1903,3 341.65 (1) (am) "Owner" has the meaning given in s. 340.01 (42) and, with respect to a vehicle that is registered, or required to be registered, by a lessee of the vehicle under this chapter, includes the lessee of the vehicle.

AB100-engrossed, s. 4029 Section 4029. 342.01 (2) (a) of the statutes is renumbered 342.01 (2) (am).

AB100-engrossed, s. 4030 Section 4030. 342.01 (2) (ag) of the statutes is created to read:

AB100-engrossed,1903,6 342.01 (2) (ag) "Deliver" includes electronic transmission.

AB100-engrossed, s. 4033 Section 4033. 342.06 (1) (intro.) of the statutes is amended to read:

AB100-engrossed,1903,11 342.06 (1) (intro.) An application for a certificate of title shall be made to the department upon a form or in an automated format prescribed by it and shall be accompanied by the required fee. Each application for certificate of title shall include the following information:

AB100-engrossed, s. 4035 Section 4035. 342.06 (1) (g) of the statutes is amended to read:

AB100-engrossed,1903,19 342.06 (1) (g) If the vehicle is a used motor vehicle which was last previously registered in another jurisdiction, the applicant shall furnish any certificate of ownership issued by the other jurisdiction and a statement pertaining to the title history and ownership of such motor vehicle, such statement to be in the form the department prescribes, and shall furnish a certification by a person designated by the department by rule to the effect that the physical description of the motor vehicle has been checked and conforms to the description given in the application.

AB100-engrossed, s. 4036 Section 4036. 342.06 (1) (i) of the statutes is amended to read:

AB100-engrossed,1904,2 342.06 (1) (i) A place for an applicant who is a natural person to designate that the applicant's name, street address, post-office box number and 9-digit extended zip code may not be disclosed as provided in s. 341.17 (9), a statement indicating the effect of making such a designation and a place for an applicant who has made a designation under this paragraph to reverse the designation. The department may provide for these designations and statement on an alternative form or in an automated format.

AB100-engrossed, s. 4036g Section 4036g. 342.06 (1) (k) of the statutes is created to read:

AB100-engrossed,1904,7 342.06 (1) (k) If the vehicle is an automobile, station wagon or motor truck having a registered weight of 8,000 pounds or less and a temporary operation plate has been issued for the vehicle under s. 341.09 (2m) (a) 1. b. or 2. or (2r), the registration number of the temporary operation plate.

AB100-engrossed, s. 4037 Section 4037. 342.06 (1m) of the statutes is amended to read:

AB100-engrossed,1904,11 342.06 (1m) On the form or in the automated format for application for a certificate of title, the department may show the fee under s. 342.14 (3m) separately from the fee under s. 342.14 (1) or (3).

AB100-engrossed, s. 4042 Section 4042. 342.10 (6) of the statutes is created to read:

AB100-engrossed,1904,14 342.10 (6) A certificate of title may be issued by the department in an automated format.

AB100-engrossed, s. 4043m Section 4043m. 342.14 (1) of the statutes is amended to read:

AB100-engrossed,1904,17 342.14 (1) For filing an application for the first certificate of title, $5 $8.50, by the owner of the vehicle.

AB100-engrossed, s. 4044 Section 4044. 342.14 (1r) of the statutes is created to read:

AB100-engrossed,1904,22 342.14 (1r) Upon filing an application under sub. (1) or (3), an environmental impact fee of $5, by the person filing the application. All moneys collected under this subsection shall be credited to the environmental fund for environmental management. This subsection does not apply after June 30, 2001.

AB100-engrossed, s. 4044m Section 4044m. 342.14 (3) of the statutes is amended to read:

AB100-engrossed,1904,25 342.14 (3) For a certificate of title after a transfer, $5 $8.50, by the owner of the vehicle.

AB100-engrossed, s. 4044r Section 4044r. 342.14 (3m) of the statutes is amended to read:

AB100-engrossed,1905,6 342.14 (3m) Upon filing an application under sub. (1) or (3), a nonpoint source pollution supplemental title fee of $7.50 by the owner of the vehicle, except that this fee shall be waived with respect to an application under sub. (3) for transfer of a decedent's interest in a vehicle to his or her surviving spouse. The fee specified under this subsection is in addition to any other fee specified in this section.

AB100-engrossed, s. 4046m Section 4046m. 342.15 (4) (a) of the statutes is amended to read:

AB100-engrossed,1905,14 342.15 (4) (a) If the vehicle being transferred is a motorcycle or an automobile or station wagon registered under the monthly series system s. 341.27 or a motor home or a motor truck, dual purpose motor home or dual purpose farm truck which has a gross weight of not more than 8,000 pounds or a farm truck which has a gross weight of not more than 12,000 pounds, the owner shall remove the registration plates and retain and preserve them for use on any other vehicle of the same type and gross weight which may subsequently be registered in his or her name.

AB100-engrossed, s. 4048 Section 4048. 342.155 (1) (b) of the statutes is amended to read:

AB100-engrossed,1905,22 342.155 (1) (b) The mileage disclosure statement required under par. (a) shall be made in the spaces provided on the certificate of title or on a form or in an automated format authorized by the department. The transferee shall print his or her name on the mileage disclosure statement, sign the statement and return a copy of the statement to the transferor. Except as authorized by rule of the department, no person may sign a mileage disclosure statement as both the transferor and transferee in the same transaction.

AB100-engrossed, s. 4051 Section 4051. 342.17 (4) (b) 4. of the statutes is amended to read:

AB100-engrossed,1906,2 342.17 (4) (b) 4. The limit in subd. 3. does not apply if the surviving spouse is proceeding under s. 867.03 (1) (1g) and the total value of the decedent's solely owned property in the state, including the vehicles transferred under this paragraph, does not exceed $10,000.

AB100-engrossed, s. 4052 Section 4052. 342.20 (1) of the statutes is amended to read:

AB100-engrossed,1906,8 342.20 (1) The owner shall immediately execute, in the space provided therefor on the certificate of title or on a separate form or in an automated format prescribed by the department, an application to name the secured party on the certificate, showing the name and address of the secured party, and cause the certificate, application and the required fee to be delivered to the secured party.

AB100-engrossed, s. 4058m Section 4058m. 342.30 (1) of the statutes is renumbered 342.30 (1g).

AB100-engrossed, s. 4059m Section 4059m. 342.30 (1c) of the statutes is created to read:

AB100-engrossed,1906,12 342.30 (1c) In this section, "owner" includes the lessee of a vehicle if the vehicle is registered, or required to be registered, by the lessee under ch. 341.

AB100-engrossed, s. 4059p Section 4059p. 342.30 (3) (a) of the statutes is amended to read:

AB100-engrossed,1906,15 342.30 (3) (a) Any person who violates sub. (1) (1g) may be fined not more than $5,000 or imprisoned for not more than 5 years or both.

AB100-engrossed, s. 4059t Section 4059t. 342.30 (4) (a) of the statutes is amended to read:

AB100-engrossed,1906,25 342.30 (4) (a) If a law enforcement agency finds a vehicle or part of a vehicle on which the identification number has been removed, altered or obliterated or made impossible to read, the law enforcement agency may seize the vehicle or part of a vehicle. If the identification number cannot be identified, the seized vehicle or vehicle part is presumed to be contraband. If the identification number can be identified, the agency may return the vehicle to the registered owner. Except as provided in par. (b), the district attorney shall institute forfeiture proceedings under s. 973.076 regarding any vehicle or vehicle part that is seized under this paragraph and not returned to the owner.

AB100-engrossed, s. 4060f Section 4060f. 342.34 (1) (c) of the statutes is amended to read:

AB100-engrossed,1907,12 342.34 (1) (c) If the vehicle is a motorcycle or an automobile or station wagon registered under the monthly series system s. 341.27 or a motor home or a motor truck, dual purpose motor home or dual purpose farm truck which has a gross weight of not more than 8,000 pounds or a farm truck which has a gross weight of not more than 12,000 pounds, the owner shall remove the registration plates and retain and preserve them for use on any other vehicle of the same type which may subsequently be registered in his or her name. If the vehicle is not a motorcycle or an automobile or station wagon registered under the monthly series system s. 341.27, or a motor home or a motor truck, dual purpose motor home or dual purpose farm truck which has a gross weight of not more than 8,000 pounds or a farm truck which has a gross weight of not more than 12,000 pounds, he or she shall remove and destroy the plates.

AB100-engrossed, s. 4060m Section 4060m. 342.40 (1) of the statutes is renumbered 342.40 (1m).

AB100-engrossed, s. 4061m Section 4061m. 342.40 (1c) of the statutes is created to read:

AB100-engrossed,1907,16 342.40 (1c) In this section, "owner" includes the lessee of a vehicle if the vehicle is registered, or required to be registered, by the lessee under ch. 341.

AB100-engrossed, s. 4062 Section 4062. 343.06 (1) (c) of the statutes is amended to read:

AB100-engrossed,1908,16 343.06 (1) (c) To any person under age 18 unless the person is enrolled in a school program or high school equivalency program and is not a habitual truant as defined in s. 118.16 (1) (a), has graduated from high school or been granted a declaration of high school graduation equivalency or is enrolled in a home-based private educational program, as defined in s. 115.001 (3g), and has satisfactorily completed a course in driver education in public schools approved by the department of education public instruction, or in technical colleges approved by the technical college system board, or in nonpublic and private schools which meet the minimum standards set by the department of education public instruction, or has satisfactorily completed a substantially equivalent course in driver training approved by the department and given by a school licensed by the department under s. 343.61, or has satisfactorily completed a substantially equivalent course in driver education or training approved by another state and has attained the age of 16, except as provided in s. 343.07 (1). The department shall not issue a license to any person under the age of 18 authorizing the operation of "Class M" vehicles unless the person has successfully completed a basic rider course approved by the department. The department may, by rule, exempt certain persons from the basic rider course requirement of this paragraph. Applicants for a license under s. 343.08 or 343.135 are exempt from the driver education, basic rider or driver training course requirement. The secretary shall prescribe rules for licensing of schools and instructors to qualify under this paragraph. The driver education course shall be made available to every eligible student in the state. Except as provided under s. 343.16 (1) (c) and (2) (cm) to (e), no operator's license may be issued unless a driver's examination has been administered by the department.

AB100-engrossed, s. 4065 Section 4065. 343.06 (1) (j) of the statutes is amended to read:

AB100-engrossed,1908,20 343.06 (1) (j) To any person applying for his or her first license or identification card or for a reinstated license in this state unless the person has submitted satisfactory proof of his or her name and date and place of birth.

AB100-engrossed, s. 4066 Section 4066. 343.07 (5) of the statutes is amended to read:

AB100-engrossed,1909,2 343.07 (5) Definition. In this section, "qualified instructor" means a person employed by a public or private school, holding an operator's license and meeting the teaching certification standards of the department of education public instruction or the technical college system board to teach driver education, or an instructor of a school licensed under s. 343.61, or a teacher or student teacher in a driver education course for teachers conducted by an institution of higher education.

AB100-engrossed, s. 4067gc Section 4067gc. 343.10 (2) (a) 1. of the statutes is amended to read:

AB100-engrossed,1909,12 343.10 (2) (a) 1. Except for a revocation or suspension that arose out of the same incident or occurrence for which the person's license or operating privilege is currently revoked or suspended, the person's license or operating privilege was not revoked or suspended previously under s. 961.50 or under this chapter or ch. 344 or s. 161.50, except under s. 344.40, within the one-year period immediately preceding the present revocation or suspension, except as provided in s. 344.40. This subdivision does not apply to a person applying for an occupational license whose license or operating privilege is currently revoked or suspended because of a conviction, suspension or revocation, as counted under s. 343.307 (1).