AB795, s. 89
9Section
89. 344.05 (1) of the statutes is amended to read:
AB795,34,1610
344.05
(1) If a judgment
in excess of $500
or more for damages arising out of
11a motor vehicle accident is not satisfied within 30 days after its having become final
12by expiration without appeal of the time within which an appeal might have been
13taken or by final affirmation on appeal, the clerk of the court in which the judgment
14was rendered, or the judge if the court has no clerk, shall
forthwith immediately 15forward to the secretary a certified copy of the judgment upon request of the
16judgment creditor or the attorney of record for the judgment creditor.
AB795, s. 90
17Section
90. 344.08 (title) of the statutes is amended to read:
AB795,34,18
18344.08 (title)
Revocation
Suspension for failure to report accident.
AB795, s. 91
19Section
91. 344.08 (1) of the statutes is amended to read:
AB795,34,2520
344.08
(1) The secretary may
revoke
suspend the operating privilege or
21registration of any person who fails to report an accident as required by s. 346.70 or
22to give correctly the information requested by the secretary in connection with such
23report unless, in the judgment of the secretary, there was excusable cause for such
24failure or unless the accident did not result in injury or damage to the person or
25property of anyone other than the person so required to report.
AB795, s. 92
1Section
92. 344.08 (2) of the statutes is amended to read:
AB795,35,72
344.08
(2) Any operating privilege
suspended or revoked under this section, or
3suspended or revoked under any other section for failure to report an accident, shall
4be reinstated in accordance with s. 344.09 at the end of one year following the
5effective date of the
suspension or revocation order if, during such one-year period,
6no notice of action has been filed with the department in the manner specified in s.
7344.18 (1) (d).
AB795, s. 93
8Section
93. 344.08 (3) of the statutes is repealed.
AB795, s. 94
9Section
94. 344.09 (title) of the statutes is amended to read:
AB795,35,11
10344.09 (title)
Reinstatement of revoked operating privilege and
11registration.
AB795, s. 95
12Section
95. 344.09 (1) of the statutes is amended to read:
AB795,35,2013
344.09
(1) Whenever the secretary is satisfied that the reason for
revocation
14of suspending or revoking an operating privilege under this chapter has been
15removed, including satisfaction of any of the requirements of s. 344.18, the secretary
16shall order reinstatement of the operating privilege. The department shall give
17notice of the reinstatement to the person whose operating privilege
has been was
18suspended or revoked in the manner it deems appropriate.
The order reinstating a
19suspended operating privilege has the same effect as an automatic reinstatement
20under s. 343.39.
AB795, s. 96
21Section
96. 344.09 (2) of the statutes is amended to read:
AB795,35,2522
344.09
(2) Whenever an operating privilege
suspended or revoked
pursuant to 23under this chapter is reinstated, any registration
which that was
suspended or 24revoked along with the operating privilege is reinstated and the department shall
25return any surrendered and unexpired registration plate in its possession.
AB795, s. 97
1Section
97. 344.12 of the statutes is amended to read:
AB795,36,8
2344.12 Applicability of provisions relating to deposit of security for
3past accidents. Subject to the exceptions contained in s. 344.14, the provisions of
4this chapter requiring deposit of security and requiring
revocation suspension for
5failure to deposit security apply to the operator and owner of every motor vehicle
6which is in any manner involved in an accident in this state which has resulted in
7bodily injury to or death of any person or damage to property of any other person
in
8excess of $1,000
or more.
AB795, s. 98
9Section
98. 344.13 (1) of the statutes is amended to read:
AB795,36,2110
344.13
(1) The secretary after receipt of a report of an accident of the type
11specified in s. 344.12 shall determine, with respect to such accident, the amount of
12security which is sufficient in the secretary's judgment to satisfy any judgment for
13damages resulting from such accident which may be recovered against either
14operator or owner of the vehicles involved in such accident. Such determination shall
15be based upon the total property damage suffered by other persons whose property
16was involved in the accident, not including the vehicle a person was operating when
17such operation was with the owner's permission, and on the extent of personal
18injuries, including deaths, involving other parties to the accident. The
19determination as to the amount of security required shall not be made with respect
20to operators or owners who are exempt from the requirements of security and
21revocation suspension under s. 344.14 (2).
AB795, s. 99
22Section
99. 344.13 (2) of the statutes is amended to read:
AB795,37,823
344.13
(2) The secretary shall determine the amount of security required to be
24deposited by each person on the basis of the accident reports or other information
25submitted. In addition to the accident reports required by law, the secretary may
1request from any of the persons, including passengers and pedestrians, involved in
2such accident such further information, sworn statements or other evidence relating
3to property damage, personal injury or death in motor vehicle accidents as deemed
4necessary to aid in determining the amount to be deposited as security under s.
5344.14. Failure of a person to comply with such request is grounds for
revoking 6suspending such person's operating privilege but no
revocation suspension shall be
7made on such grounds until one follow-up request has been made and at least 20
8days have elapsed since the mailing of the first request.
AB795, s. 100
9Section
100. 344.13 (3) of the statutes is amended to read:
AB795,37,1910
344.13
(3) The secretary within 90 days after receipt of a report of an accident
11of the type specified in s. 344.12 and upon determining the amount of security to be
12required of any person involved in such accident or to be required of the owner of any
13vehicle involved in such accident, shall give at least 10 days' written notice to every
14such person of the amount of security required to be deposited by the person. The
15notice also shall state that an order of
revocation
suspension will be made as provided
16in s. 344.14, unless within such time security is deposited as required by the notice.
17The order of
revocation suspension may be made a part of the notice, with a provision
18that it will take effect on the date specified in this subsection unless security is
19deposited prior to that date.
AB795, s. 101
20Section
101. 344.14 (title) of the statutes is amended to read:
AB795,37,22
21344.14 (title)
Revocation
Suspension for failure to deposit security;
22impoundment of vehicle; exceptions.
AB795, s. 102
23Section
102. 344.14 (1) of the statutes is amended to read:
AB795,38,924
344.14
(1) If a person who was given notice
pursuant to under s. 344.13 (3) fails
25to deposit security in the amount and by the time specified in the notice, the secretary
1shall
forthwith revoke immediately suspend the person's operating privilege if the
2person was the operator of a motor vehicle involved in the accident and all the
3person's registrations if the person was the owner of a motor vehicle involved in the
4accident unless the person furnishes proof satisfactory to the secretary that the
5person comes within one of the exceptions set forth in sub. (2). If the owner and
6operator are separate persons, only one of them need deposit security or the 2 persons
7may cooperate in depositing security. Upon request of the owner or operator in
8question, the secretary may postpone the effective date of a
revocation suspension 9under this section not to exceed 20 days.
AB795, s. 103
10Section
103. 344.14 (1g) of the statutes is amended to read:
AB795,38,1211
344.14
(1g) The secretary shall refuse registration of any vehicle owned by a
12person whose registration has been
suspended or revoked under sub. (1).
AB795, s. 104
13Section
104. 344.14 (1m) (intro.) of the statutes is amended to read:
AB795,38,1514
344.14
(1m) (intro.) In addition to the
revocations suspensions under sub. (1),
15the secretary may order the impoundment of any motor vehicle which is:
AB795, s. 105
16Section
105. 344.14 (2) (e) of the statutes is amended to read:
AB795,38,2017
344.14
(2) (e) To the operator or owner of a vehicle involved in an accident
18wherein no injury was caused to the person of anyone other than such operator or
19owner and wherein damage to property of any one person other than such operator
20or owner did not
equal or exceed $1,000.
AB795, s. 106
21Section
106. 344.14 (2) (h) of the statutes is amended to read:
AB795,39,922
344.14
(2) (h) To any person who would otherwise have to deposit security if,
23prior to the date the secretary would otherwise
revoke
suspend the person's
24operating privilege and registrations under sub. (1) or order the impoundment of the
25motor vehicle under sub. (1m), there is filed with the secretary evidence satisfactory
1to the secretary that the person has been released from liability or has been finally
2adjudicated not to be liable or has executed a duly acknowledged written agreement
3providing for the payment of an agreed amount in instalments with respect to all
4claims for injuries or damage resulting from the accident. The secretary may accept
5a release from liability executed by a parent as natural guardian on behalf of a minor
6child with respect to property damage or personal injuries sustained by the minor,
7provided that the total damages, including the cost of medical care, do not exceed
8$5,000 and that, in case of personal injury, the doctor's certificate of injury filed with
9the department certifies that the minor received no permanent injury.
AB795, s. 107
10Section
107. 344.18 (title) of the statutes is amended to read:
AB795,39,12
11344.18 (title)
Duration of revocation suspension for failure to deposit
12security.
AB795, s. 108
13Section
108. 344.18 (1) (intro.) of the statutes is amended to read:
AB795,39,2214
344.18
(1) (intro.) Any registration
suspended or revoked
as provided in under 15s. 344.14 shall remain
suspended or revoked and shall not be renewed or reinstated
16until the
person pays the fee required under s. 341.36 (1m)
has been paid, one, meets
17one of the requirements under pars. (a) to (d)
has been met and
satisfies the
18requirements of sub. (1m)
are satisfied. Any operating privilege
suspended or 19revoked
as provided in under s. 344.14 shall remain
suspended or revoked and shall
20not be
renewed or reinstated until the
person pays the fee required under s. 343.21
21(1) (j)
has been paid, the, complies with the applicable provisions of s. 343.38
have
22been complied with and
one meets any of the following requirements
has been met:
AB795, s. 109
23Section
109. 344.18 (1) (a) of the statutes is amended to read:
AB795,39,2524
344.18
(1) (a) The person whose operating privilege or registration was
25suspended or revoked deposits the security required under s. 344.14.
AB795, s. 110
1Section
110. 344.18 (1) (b) of the statutes is amended to read:
AB795,40,62
344.18
(1) (b) There is filed with the secretary evidence satisfactory to the
3secretary that the person whose operating privilege or registration was
suspended
4or revoked has been released from liability or has been finally adjudicated not to be
5liable. The secretary may accept a release executed by a parent on behalf of a minor
6child only if the release satisfies the requirements specified in s. 344.14 (2) (h).
AB795, s. 111
7Section
111. 344.18 (1) (c) of the statutes is amended to read:
AB795,40,118
344.18
(1) (c) There is filed with the secretary evidence satisfactory to the
9secretary that the person whose operating privilege or registration was
suspended
10or revoked has executed a duly acknowledged written agreement in accordance with
11s. 344.14 (2) (h) and subject to sub. (3).
AB795, s. 112
12Section
112. 344.18 (1) (d) of the statutes is amended to read:
AB795,40,2013
344.18
(1) (d) One year has elapsed since the effective date of the
suspension
14or revocation order and, during such period, no notice has been filed with the
15secretary by any claimant that an action was commenced by a party in interest. If
16the action was commenced in a court of record, the notice required by this paragraph
17shall include a certified copy of the summons and complaint or counterclaim or
18cross-complaint and proof of service filed therein. In all cases of service under s.
19345.09, an additional notice and service must be made under this chapter to avail
20oneself of the provisions of this chapter.
AB795, s. 113
21Section
113. 344.18 (1m) (a) of the statutes is amended to read:
AB795,41,622
344.18
(1m) (a) Unless 3 years have elapsed since the date that a requirement
23under sub. (1) (a), (b), (c) or (d) has been met, the person whose
registration was
24suspended or revoked under sub. (1) or whose operating privilege or registration was
25suspended
or revoked under s. 344.14
, 1989 stats., shall file with the department
and
1maintain in effect proof of financial responsibility in the amount, form and manner
2specified in this chapter.
The person shall maintain the proof of financial
3responsibility at all times for 3 years following reinstatement or renewal of the
4registration while the registration of any vehicle owned by the person is in effect or,
5for suspension of operating privilege, for 3 years following reinstatement or renewal
6of the license while the license is in effect.
AB795, s. 114
7Section
114. 344.18 (1m) (b) of the statutes is amended to read:
AB795,41,108
344.18
(1m) (b) This subsection applies as a condition precedent to
renewal or
9reinstatement of an operating privilege or registration suspended
or revoked under
10s. 344.14
, 1989 stats.
AB795, s. 115
11Section
115. 344.18 (3) (intro.) of the statutes is amended to read:
AB795,41,2412
344.18
(3) (intro.) If
there is any default a person defaults in the payment of
13any instalment under a duly acknowledged written agreement, the secretary, upon
14notice of such default given in no event later than 30 days after the time for final
15instalment, shall
forthwith revoke immediately suspend the registrations
and
16operating privilege of the defaulting person
, which
. A suspension or revocation
of
17registration under this subsection shall remain in effect until the
person pays the fee
18required under s. 341.36 (1m)
has been paid, the, meets the requirement under par.
19(a) or (b)
has been met and
satisfies the requirements of sub. (3m)
are satisfied, and
20shall forthwith revoke the operating privilege of the defaulting person, which. A
21suspension or revocation
of an operating privilege under this subsection shall remain
22in effect until the
person pays the fee required in s. 343.21 (1) (j)
has been paid, the,
23complies with the applicable provisions of s. 343.38
have been complied with and
one 24meets any of the following requirements
has been met:
AB795, s. 116
25Section
116. 344.18 (3) (b) of the statutes is amended to read:
AB795,42,4
1344.18
(3) (b) One year has elapsed since the effective date of the
suspension
2or revocation order and, during such period, no notice has been filed with the
3secretary by any claimant that an action was commenced by a party in interest. The
4notice required by this paragraph shall comply with sub. (1) (d).
AB795, s. 117
5Section
117. 344.18 (3m) (a) of the statutes is amended to read:
AB795,42,156
344.18
(3m) (a) Unless 3 years have elapsed since the date that a requirement
7under sub. (3) (a) or (b) has been met, the person whose
operating privilege or 8registration was suspended or revoked under sub. (3)
or whose operating privilege
9or registration was suspended under s. 344.18 (3), 1989 stats., shall file with the
10department
and maintain in effect proof of financial responsibility in the amount,
11form and manner specified in this chapter.
The person shall maintain the proof of
12financial responsibility at all times for 3 years following reinstatement or renewal
13of the registration while the registration of any vehicle owned by the person is in
14effect or, for suspension of operating privilege, for 3 years following reinstatement
15or renewal of the license while the license is in effect.
AB795, s. 118
16Section
118. 344.18 (3m) (b) of the statutes is amended to read:
AB795,42,1917
344.18
(3m) (b) This subsection applies as a condition precedent to
renewal or
18reinstatement of an operating privilege or registration suspended
or revoked under
19s. 344.18 (3), 1989 stats sub. (3).
AB795, s. 119
20Section
119. 344.18 (3r) of the statutes is amended to read:
AB795,42,2221
344.18
(3r) The secretary shall refuse registration of any vehicle owned by a
22person whose registration has been
suspended or revoked under sub. (3).
AB795, s. 120
23Section
120. 344.18 (4) of the statutes is amended to read:
AB795,43,3
1344.18
(4) The secretary shall not
revoke suspend, as required by sub. (3), if
2the defaulting person has made payments to the extent specified in s. 344.15 (1) with
3reference to the acceptable limits of a policy or bond.
AB795, s. 121
4Section
121. 344.19 (2) of the statutes is amended to read:
AB795,43,125
344.19
(2) If the operating privilege or registration of a nonresident is
revoked
6pursuant to suspended under s. 344.14, the secretary shall transmit a certified copy
7of the record of such action to the administrator of the division of motor vehicles or
8equivalent official of the state in which that person resides if the law of the state in
9which that person resides provides for similar action by the administrator or
10equivalent official of that state in the event that a resident of this state has a
11nonresident's operating privilege or registration in that state suspended or revoked
12for failure to comply with the safety responsibility law of that state.
AB795, s. 122
13Section
122. 344.19 (3) of the statutes is amended to read:
AB795,44,1014
344.19
(3) Upon receipt of such certification from another state to the effect
15that the operating privilege or registration of a resident of this state has been
16suspended or revoked in such other state
pursuant to
under a law providing for its
17suspension or revocation for failure to deposit security for payment of judgments
18arising out of a motor vehicle accident, under circumstances which would require the
19secretary to
revoke suspend a nonresident's operating privilege or registration had
20the accident occurred in this state, the secretary shall
revoke suspend the
license 21operating privilege of such resident if he or she was the operator and all of his or her
22registrations if he or she was the owner of a motor vehicle involved in such accident.
23The department may accept a certification which is in the form of a combined notice
24of required security and suspension
or revocation order, but shall not
revoke suspend 25a resident's operating privilege or registration on the basis of such order until at least
130 days have elapsed since the time for depositing security in the other state expired.
2A
suspension or revocation of operating privilege under this section shall continue
3until such resident furnishes evidence of his or her compliance with the law of the
4other state relating to the deposit of security,
pays the fee required under s. 343.21
5(1) (j)
has been paid and
complies with the applicable provisions of s. 343.38
have
6been complied with. A
suspension or revocation of registration under this section
7shall continue until such resident furnishes evidence of his or her compliance with
8the law of the other state relating to the deposit of security,
pays the fee required
9under s. 341.36 (1m)
has been paid and
satisfies the requirements of sub. (3m)
are
10satisfied.
AB795, s. 123
11Section
123. 344.19 (3g) of the statutes is amended to read:
AB795,44,1312
344.19
(3g) The secretary shall refuse registration of any vehicle owned by a
13person whose registration has been
suspended or revoked under sub. (3).
AB795, s. 124
14Section
124. 344.19 (3m) (a) of the statutes is amended to read:
AB795,44,2415
344.19
(3m) (a) Unless 3 years have elapsed since compliance of the resident
16with the law of the other state relating to the deposit of security, the resident whose
17operating privilege or registration was suspended or revoked under sub. (3)
or whose
18operating privilege or registration was suspended under s. 344.19 (3), 1989 stats., 19shall file with the department
and maintain in effect proof of financial responsibility
20in the amount, form and manner specified in this chapter.
The person shall maintain
21the proof of financial responsibility at all times for 3 years following reinstatement
22or renewal of the registration while the registration of any vehicle owned by the
23resident is in effect or, for suspension of operating privilege, for 3 years following
24reinstatement or renewal of the license while the license is in effect.
AB795, s. 125
25Section
125. 344.19 (3m) (b) of the statutes is amended to read:
AB795,45,3
1344.19
(3m) (b) This subsection applies as a condition precedent to
renewal or 2reinstatement of an operating privilege or registration suspended
or revoked under
3s. 344.19 (3), 1989 stats sub. (3).
AB795, s. 126
4Section
126. 344.24 of the statutes is amended to read:
AB795,45,15
5344.24 Applicability of sections relating to proof of financial
6responsibility for the future. Sections 344.29 to 344.41 are applicable in all cases
7in which a person is required to deposit proof of financial responsibility for the future,
8including those cases in which a person is required to deposit proof of financial
9responsibility for the future under ss. 344.25 to 344.27, those cases in which the
10deposit of proof of financial responsibility for the future is a condition precedent to
11renewal or reinstatement of an operating privilege or registration suspended or
12revoked under s. 344.14, 344.18 (3) or 344.19 (3) and those cases in which the deposit
13of proof of financial responsibility for the future is a condition precedent to issuance
14of an operator's license under s. 343.38 (4) or reinstatement of an operating privilege
15revoked
pursuant to under ch. 343.
AB795, s. 127
16Section
127. 344.25 (intro.) of the statutes is amended to read:
AB795,45,22
17344.25 (title)
Revocation of license and registration Suspension for
18nonpayment of judgment; exceptions. (intro.) Upon the receipt, under s. 344.05,
19of a certified copy of a judgment for damages
in excess of $500
or more arising out
20of a motor vehicle accident, the secretary shall
forthwith revoke immediately
21suspend the operating privilege and all registrations of the person against whom
22such judgment was rendered, subject to the following exceptions:
AB795, s. 128
23Section
128. 344.25 (1) of the statutes is amended to read:
AB795,46,324
344.25
(1) If the judgment arose out of an accident caused by the ownership or
25operation, with permission, of a vehicle owned by or leased to the United States, this
1state or any county or municipality of this state or a vehicle subject to the
2requirements of s. 121.53, 194.41 or 194.42, the secretary shall not
revoke such
3license suspend such operating privilege or registration.
AB795, s. 129
4Section
129. 344.25 (3) of the statutes is amended to read:
AB795,46,75
344.25
(3) The secretary shall not
revoke such license suspend such operating
6privilege or registrations if the judgment debtor obtains a court order for instalment
7payments and furnishes proof of financial responsibility as provided in s. 344.27.
AB795, s. 130
8Section
130. 344.25 (5) of the statutes is amended to read:
AB795,46,169
344.25
(5) When the secretary receives certification of the entry of a damage
10judgment in accordance with s. 344.05 against a resident of this state which has been
11entered by an Indian tribal court in this state or by a court in another jurisdiction,
12the secretary shall give notice to the person of the receipt of the certification of
13judgment. If satisfaction of such judgment is not made and copy of such satisfaction
14filed with the secretary within 30 days from the date such notice was given, the
15secretary shall
revoke the license suspend the operating privilege and registrations
16of such judgment debtor.
AB795, s. 131
17Section
131. 344.26 (title) of the statutes is amended to read:
AB795,46,19
18344.26 (title)
Revocation
Suspension to continue until judgment paid
19and proof of financial responsibility given.
AB795, s. 132
20Section
132. 344.26 (1) of the statutes is amended to read:
AB795,47,421
344.26
(1) Subject to the exceptions stated in ss. 344.25 (2) and 344.27 (2), any
22operating privilege or registration
suspended or revoked
pursuant to under s. 344.25
23shall remain
suspended or revoked until every judgment mentioned in s. 344.25 is
24stayed, satisfied or discharged and, unless 3 years have elapsed since the date of
25entry of the judgment which was the cause for
suspension or revocation, until the
1person whose operating privilege and registration was
suspended or revoked
2furnishes
and maintains in effect proof of financial responsibility for the future
and
3maintains such proof at all times during such 3-year period when the operating
4privilege or registration is in effect.
AB795, s. 133
5Section
133. 344.27 (title) of the statutes is amended to read:
AB795,47,7
6344.27 (title)
Instalment payment of judgments; revocation suspension
7upon default.