LRB-2431/2
RPN:mfd:jf
1997 - 1998 LEGISLATURE
August 26, 1997 - Introduced by Representatives Freese, Goetsch, Green,
Grothman, Kelso, Meyer, Musser, Plouff, Schafer, Seratti, Sykora, Travis
and Ziegelbauer, cosponsored by Senators Breske, Huelsman, Jauch, A.
Lasee, Roessler, Shibilski, Welch and Wirch. Referred to Committee on
Judiciary.
AB487,1,4
1An Act to amend 342.12 (4) (a), 342.12 (4) (b) and 346.65 (6) (k); and
to create
2342.12 (4) (c) and 346.65 (6) (km) of the statutes;
relating to: the sale of a motor
3vehicle subject to a seizure for a crime related to driving while under the
4influence of an intoxicant or other drug and providing a penalty.
Analysis by the Legislative Reference Bureau
Currently, if a person is convicted of a drunk driving violation, including a
refusal to submit to testing to determine the presence of alcohol in his of her system,
and the person has 2 or more prior suspensions, revocations or convictions related
to drunk driving within a 10-year period, a vehicle owned by the person may be
seized, immobilized or equipped with an ignition interlock device. In addition,
current law requires the person, when notified by the district attorney, to submit the
certificates of title to all of the motor vehicles he or she owns to the clerk of circuit
court. The clerk is required by current law to stamp on the title a notification that
the motor vehicle may not be transferred without court approval. Current law
prohibits a person from transferring ownership of a motor vehicle that is subject to
seizure, immobilization or equipping with an ignition interlock device and prohibits
the department of transportation (DOT) from issuing a certificate of title
transferring ownership of such a motor vehicle without court approval.
This bill allows DOT to issue a certificate of title transferring ownership of such
a motor vehicle if the person applying for the transfer purchased the motor vehicle
in good faith, did not know that the district attorney had commenced a criminal
action against the owner that would make the motor vehicle subject to seizure,
immobilization or equipping with an ignition interlock device and if the certificate
of title did not contain the stamped notification that the motor vehicle may not be
transferred without court approval. The bill requires the person requesting the
transfer of the ownership of the motor vehicle to submit an affidavit to DOT at the
time of the application stating that these conditions have been met.
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:
AB487, s. 1
1Section
1. 342.12 (4) (a) of the statutes is amended to read:
AB487,2,92
342.12
(4) (a) The district attorney shall notify the department when he or she
3files a criminal complaint against a person who has been arrested for violating s.
4346.63 (1) or (2), 940.09 (1) or 940.25 and who has 2 or more prior convictions,
5suspensions or revocations within a 10-year period, as counted under s. 343.307 (1).
6The Except as provided under par. (c), the department may not issue a certificate of
7title transferring ownership of any motor vehicle owned by the person upon receipt
8of a notice under this subsection until the court assigned to hear the criminal
9complaint issues an order permitting the department to issue a certificate of title.
AB487, s. 2
10Section
2. 342.12 (4) (b) of the statutes is amended to read:
AB487,2,1711
342.12
(4) (b)
The Except as provided under par. (c), the department may not
12issue a certificate of title transferring ownership of any motor vehicle owned by a
13person upon receipt of a notice of intent to revoke the person's operating privilege
14under s. 343.305 (9) (a), if the person has 2 or more prior convictions, suspensions or
15revocations within a 10-year period, as counted under s. 343.307 (1), until the court
16assigned to the hearing under s. 343.305 (9) issues an order permitting the
17department to issue a certificate of title.
AB487, s. 3
18Section
3. 342.12 (4) (c) of the statutes is created to read:
AB487,3,5
1342.12
(4) (c) 1. The department shall issue a certificate of title transferring
2ownership of a motor vehicle that was owned by a person who has been arrested for
3violating s. 346.63 (1) or (2), 940.09 (1) or 940.25 and who has 2 or more prior
4convictions, suspensions or revocations within a 10-year period, as counted under
5s. 343.307 (1), if all of the following conditions are met:
AB487,3,96
a. The person requesting the issuance of the certificate of title purchased the
7motor vehicle in good faith and without knowledge of the criminal complaint
8described in par. (a) or of the notice of intent to revoke a person's operating privilege
9under par. (b).
AB487,3,1210
b. The certificate of title to the motor vehicle does not contain the notation
11stamped on the certificate of title by the clerk of circuit court under s. 346.65 (6) (a)
122m.
AB487,3,1413
c. The person requesting the issuance of the certificate of title files an affidavit
14with the department attesting that the conditions under subd. 1. a. and b. are met.
AB487,3,1615
d. The department has no valid reason for not issuing a certificate of title other
16than the prohibitions under par. (a) or (b).
AB487,3,1817
2. Any person providing a false affidavit under subd. 1. c. shall forfeit not more
18than $1,000.
AB487, s. 4
19Section
4. 346.65 (6) (k) of the statutes is amended to read:
AB487,4,220
346.65
(6) (k)
No Except as provided in par. (km), no person may transfer
21ownership of any motor vehicle that is subject to immobilization or seizure or to
22equipping with an ignition interlock device under this subsection or make
23application for a new certificate of title under s. 342.18 for the motor vehicle unless
24the court determines that the transfer is in good faith and not for the purpose of or
25with the effect of defeating the purposes of this subsection. The department may
1cancel a title or refuse to issue a new certificate of title in the name of the transferee
2as owner to any person who violates this paragraph.
AB487, s. 5
3Section
5. 346.65 (6) (km) of the statutes is created to read:
AB487,4,124
346.65
(6) (km) If a person purchases a motor vehicle in good faith and without
5knowledge that the motor vehicle was subject to immobilization or seizure or to
6equipping with an ignition interlock device under this subsection and the
7department has no valid reason for not issuing a certificate of title other than the
8prohibition under par. (k), the department shall issue a new certificate of title in the
9name of the person requesting the new certificate of title if at the time of the purchase
10of the motor vehicle the certificate of title did not contain the notation stamped on
11the certificate of title by the clerk of circuit court under par. (a) 2m. and if the person
12submits the affidavit required under s. 342.12 (4) (c) 1. c.
AB487,4,1514
(1) This act first applies to purchases of motor vehicles occurring on the
15effective date of this subsection.