AB100: Bill Text Engrossed

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).

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

AB100-engrossed,1909,18 343.10 (2) (e) If the court orders a person to submit to and comply with an assessment and driver safety plan and if the person has 2 or more prior any convictions, suspensions or revocations, as counted under s. 343.307 (1), within the previous 10-year period, no occupational license may be granted until the person has completed the assessment and is complying with the driver safety plan.

AB100-engrossed, s. 4067gi Section 4067gi. 343.10 (5) (a) 1. of the statutes is renumbered 343.10 (5) (a) 1. a. and amended to read:

AB100-engrossed,1910,9 343.10 (5) (a) 1. a. In addition to any restrictions appearing on the former operator's license of the applicant and except as provided in this subd. 1. a., the occupational license shall contain definite restrictions as to hours of the day, not to exceed 12, hours per week, not to exceed 60, type of occupation and areas or routes of travel which are permitted under the license. The occupational license may permit travel to and from church during specified hours if the travel does not exceed the restrictions as to hours of the day and hours per week in this subdivision subd. 1. a. The occupational license may permit travel necessary to comply with a driver safety plan ordered under s. 343.30 (1q) or 343.305 if the travel does not exceed the restrictions as to hours of the day and hours per week in this subdivision subd. 1. a. The restrictions under this subd. 1. a. do not apply to an occupational license that restricts the applicant's operation under the occupational license to motor vehicles that are equipped with a functioning ignition interlock device as provided under s. 346.65 (6).

AB100-engrossed,1910,11 b. The occupational license may contain restrictions on the use of alcohol and of controlled substances and controlled substance analogs in violation of s. 961.41.

AB100-engrossed, s. 4067gm Section 4067gm. 343.10 (5) (a) 3. of the statutes is amended to read:

AB100-engrossed,1911,11 343.10 (5) (a) 3. If the applicant has 2 or more prior convictions, suspensions or revocations any conviction, suspension or revocation, as counted under s. 343.307 (1), within the previous 10-year period, the occupational license of the applicant may shall restrict the applicant's operation under the occupational license to vehicles that are equipped with a functioning ignition interlock device as provided under s. 346.65 (6). The ignition interlock device restriction under this subdivision does not apply if an applicant has only one conviction, as counted under s. 343.307 (1), within the previous 10-year period, the conviction resulted from the person having an alcohol concentration of less than 0.18, as reported to the department under s. 343.305 (7) (a), and the applicant does not have any suspension or revocation as the result of the refusal to submit to chemical testing, as counted under s. 343.307 (1) (e) or (f), within the previous 10-year period. A person to whom a restriction under this subdivision applies violates that restriction if he or she requests or permits another to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device. In addition to the penalties under sub. (8), if a person requests or permits another to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person with an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device, the period of the ignition interlock device restriction shall be increased by the amount of time from the issuance of the restricted occupational license under this subdivision to the date of violation of the ignition interlock device restriction.

AB100-engrossed, s. 4067gp Section 4067gp. 343.10 (5) (a) 4. of the statutes is created to read:

AB100-engrossed,1911,18 343.10 (5) (a) 4. If the department issues a person an occupational license under sub. (7) restricted to operating motor vehicles equipped with an ignition interlock device, the department shall inform the person of the ignition interlock program under s. 110.10 and that he or she is liable for the reasonable costs of equipping any motor vehicle that he or she operates with a functioning ignition interlock device.

AB100-engrossed, s. 4067gr Section 4067gr. 343.10 (6) of the statutes is renumbered 343.10 (6) (a) and amended to read:

AB100-engrossed,1911,23 343.10 (6) (a) No Except as provided in par. (b), no person may file an application for an occupational license under sub. (1) unless he or she first pays a fee of $40 to the department 59.25 (3) (m).

AB100-engrossed, s. 4067gu Section 4067gu. 343.10 (6) (b) of the statutes is created to read:

AB100-engrossed,1912,5 343.10 (6) (b) No person whose operating privilege is restricted to operating only vehicles equipped with an ignition interlock device may file an application for an occupational license under sub. (1) unless he or she first pays a fee of $70 to the department. Forty-three percent of the fees collected under this paragraph shall be credited to the appropriation account under s. 20.395 (5) (er).

AB100-engrossed, s. 4067gv Section 4067gv. 343.10 (7) (cm) of the statutes is amended to read:

AB100-engrossed,1912,11 343.10 (7) (cm) If the occupational license includes the restriction specified in sub. (5) (a) 3., the department shall not issue the occupational license until the applicant provides evidence satisfactory to the department that any a motor vehicle that the applicant will be permitted to operate has been equipped with a functioningignition interlock device obtained from a service provider under s. 110.10.

AB100-engrossed, s. 4067hd Section 4067hd. 343.10 (8) (a) (intro.) of the statutes is amended to read:

AB100-engrossed,1912,15 343.10 (8) (a) (intro.) Any Except as provided under par. (ai), any person who violates any restriction of an occupational license, in addition to the immediate revocation of the license:

AB100-engrossed, s. 4067hi Section 4067hi. 343.10 (8) (ai) of the statutes is created to read:

AB100-engrossed,1912,19 343.10 (8) (ai) Any person who violates an occupational license restriction that requires him or her to only operate vehicles that are equipped with an ignition interlock device:

AB100-engrossed,1912,21 1. Shall forfeit not less than $150 nor more than $600, except as provided in subd. 2.

AB100-engrossed,1912,24 2. Shall be fined not less than $300 nor more than $1,000 and shall be imprisoned not more than 6 months, if the number of convictions under this section equals 2 or more in a 5-year period.

AB100-engrossed, s. 4067hm Section 4067hm. 343.10 (8) (b) of the statutes is amended to read:

AB100-engrossed,1913,2 343.10 (8) (b) The 5-year period under par. (a) 2. or (ai) 2. shall be measured from the dates of the violations which resulted in the convictions.

AB100-engrossed, s. 4068 Section 4068. 343.14 (3) (a) of the statutes is amended to read:

AB100-engrossed,1913,12 343.14 (3) (a) The department shall, as part of the application process, take a photograph of the applicant to comply with s. 343.17 (3) (a) 2. Except where specifically exempted by statute or by rule of the department, no application may be processed without the photograph being taken. In the case of renewal licenses, the photograph shall be taken once every 4 8 years, and shall coincide with the appearance for examination which is required under s. 343.16 (3). The department may make provision for issuance of a license without a photograph if the applicant is stationed outside the state in military service and in specific situations where the department deems such action appropriate.

AB100-engrossed, s. 4070 Section 4070. 343.14 (4) of the statutes is repealed.

AB100-engrossed, s. 4076 Section 4076. 343.16 (1) (c) (intro.) of the statutes is amended to read:

AB100-engrossed,1913,25 343.16 (1) (c) Driver education course. (intro.) The department may, after consultation with the department of education public instruction and the technical college system board, provide for administration of and certification of the results of the test of an applicant's knowledge of the traffic laws and ability to read and understand highway signs in conjunction with a course in driver education specified in this paragraph, by an instructor in that course. The test under this paragraph does not include that part of a driver's examination involving the actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle required for the issuance of a license other than an instruction permit. The test under this paragraph may be administered and certified by an instructor in any of the following:

AB100-engrossed, s. 4077 Section 4077. 343.16 (1) (c) 1. of the statutes is amended to read:

AB100-engrossed,1914,3 343.16 (1) (c) 1. A course in driver education in public schools approved by the department of education public instruction.

AB100-engrossed, s. 4078 Section 4078. 343.16 (1) (c) 3. of the statutes is amended to read:

AB100-engrossed,1914,7 343.16 (1) (c) 3. A course in driver education in nonpublic and private schools that meets the minimum standards set by the department of education public instruction.

AB100-engrossed, s. 4080 Section 4080. 343.16 (3) (a) of the statutes is amended to read: