AB795: Bill Text

AB795,35,7 344.08 (2) Any operating privilege suspended or revoked under this section, or suspended or revoked under any other section for failure to report an accident, shall be reinstated in accordance with s. 344.09 at the end of one year following the effective date of the suspension or revocation order if, during such one-year period, no notice of action has been filed with the department in the manner specified in s. 344.18 (1) (d).

AB795, s. 93 Section 93. 344.08 (3) of the statutes is repealed.

AB795, s. 94 Section 94. 344.09 (title) of the statutes is amended to read:

AB795,35,11 344.09 (title) Reinstatement of revoked operating privilege and registration.

AB795, s. 95 Section 95. 344.09 (1) of the statutes is amended to read:

AB795,35,20 344.09 (1) Whenever the secretary is satisfied that the reason for revocation of suspending or revoking an operating privilege under this chapter has been removed, including satisfaction of any of the requirements of s. 344.18, the secretary shall order reinstatement of the operating privilege. The department shall give notice of the reinstatement to the person whose operating privilege has been was suspended or revoked in the manner it deems appropriate. The order reinstating a suspended operating privilege has the same effect as an automatic reinstatement under s. 343.39.

AB795, s. 96 Section 96. 344.09 (2) of the statutes is amended to read:

AB795,35,25 344.09 (2) Whenever an operating privilege suspended or revoked pursuant to under this chapter is reinstated, any registration which that was suspended or revoked along with the operating privilege is reinstated and the department shall return any surrendered and unexpired registration plate in its possession.

AB795, s. 97 Section 97. 344.12 of the statutes is amended to read:

AB795,36,8 344.12 Applicability of provisions relating to deposit of security for past accidents. Subject to the exceptions contained in s. 344.14, the provisions of this chapter requiring deposit of security and requiring revocation suspension for failure to deposit security apply to the operator and owner of every motor vehicle which is in any manner involved in an accident in this state which has resulted in bodily injury to or death of any person or damage to property of any other person in excess of $1,000 or more.

AB795, s. 98 Section 98. 344.13 (1) of the statutes is amended to read:

AB795,36,21 344.13 (1) The secretary after receipt of a report of an accident of the type specified in s. 344.12 shall determine, with respect to such accident, the amount of security which is sufficient in the secretary's judgment to satisfy any judgment for damages resulting from such accident which may be recovered against either operator or owner of the vehicles involved in such accident. Such determination shall be based upon the total property damage suffered by other persons whose property was involved in the accident, not including the vehicle a person was operating when such operation was with the owner's permission, and on the extent of personal injuries, including deaths, involving other parties to the accident. The determination as to the amount of security required shall not be made with respect to operators or owners who are exempt from the requirements of security and revocation suspension under s. 344.14 (2).

AB795, s. 99 Section 99. 344.13 (2) of the statutes is amended to read:

AB795,37,8 344.13 (2) The secretary shall determine the amount of security required to be deposited by each person on the basis of the accident reports or other information submitted. In addition to the accident reports required by law, the secretary may request from any of the persons, including passengers and pedestrians, involved in such accident such further information, sworn statements or other evidence relating to property damage, personal injury or death in motor vehicle accidents as deemed necessary to aid in determining the amount to be deposited as security under s. 344.14. Failure of a person to comply with such request is grounds for revoking suspending such person's operating privilege but no revocation suspension shall be made on such grounds until one follow-up request has been made and at least 20 days have elapsed since the mailing of the first request.

AB795, s. 100 Section 100. 344.13 (3) of the statutes is amended to read:

AB795,37,19 344.13 (3) The secretary within 90 days after receipt of a report of an accident of the type specified in s. 344.12 and upon determining the amount of security to be required of any person involved in such accident or to be required of the owner of any vehicle involved in such accident, shall give at least 10 days' written notice to every such person of the amount of security required to be deposited by the person. The notice also shall state that an order of revocation suspension will be made as provided in s. 344.14, unless within such time security is deposited as required by the notice. The order of revocation suspension may be made a part of the notice, with a provision that it will take effect on the date specified in this subsection unless security is deposited prior to that date.

AB795, s. 101 Section 101. 344.14 (title) of the statutes is amended to read:

AB795,37,22 344.14 (title) Revocation Suspension for failure to deposit security; impoundment of vehicle; exceptions.

AB795, s. 102 Section 102. 344.14 (1) of the statutes is amended to read:

AB795,38,9 344.14 (1) If a person who was given notice pursuant to under s. 344.13 (3) fails to deposit security in the amount and by the time specified in the notice, the secretary shall forthwith revoke immediately suspend the person's operating privilege if the person was the operator of a motor vehicle involved in the accident and all the person's registrations if the person was the owner of a motor vehicle involved in the accident unless the person furnishes proof satisfactory to the secretary that the person comes within one of the exceptions set forth in sub. (2). If the owner and operator are separate persons, only one of them need deposit security or the 2 persons may cooperate in depositing security. Upon request of the owner or operator in question, the secretary may postpone the effective date of a revocation suspension under this section not to exceed 20 days.

AB795, s. 103 Section 103. 344.14 (1g) of the statutes is amended to read:

AB795,38,12 344.14 (1g) The secretary shall refuse registration of any vehicle owned by a person whose registration has been suspended or revoked under sub. (1).

AB795, s. 104 Section 104. 344.14 (1m) (intro.) of the statutes is amended to read:

AB795,38,15 344.14 (1m) (intro.) In addition to the revocations suspensions under sub. (1), the secretary may order the impoundment of any motor vehicle which is:

AB795, s. 105 Section 105. 344.14 (2) (e) of the statutes is amended to read:

AB795,38,20 344.14 (2) (e) To the operator or owner of a vehicle involved in an accident wherein no injury was caused to the person of anyone other than such operator or owner and wherein damage to property of any one person other than such operator or owner did not equal or exceed $1,000.

AB795, s. 106 Section 106. 344.14 (2) (h) of the statutes is amended to read:

AB795,39,9 344.14 (2) (h) To any person who would otherwise have to deposit security if, prior to the date the secretary would otherwise revoke suspend the person's operating privilege and registrations under sub. (1) or order the impoundment of the motor vehicle under sub. (1m), there is filed with the secretary evidence satisfactory to the secretary that the person has been released from liability or has been finally adjudicated not to be liable or has executed a duly acknowledged written agreement providing for the payment of an agreed amount in instalments with respect to all claims for injuries or damage resulting from the accident. The secretary may accept a release from liability executed by a parent as natural guardian on behalf of a minor child with respect to property damage or personal injuries sustained by the minor, provided that the total damages, including the cost of medical care, do not exceed $5,000 and that, in case of personal injury, the doctor's certificate of injury filed with the department certifies that the minor received no permanent injury.

AB795, s. 107 Section 107. 344.18 (title) of the statutes is amended to read:

AB795,39,12 344.18 (title) Duration of revocation suspension for failure to deposit security.

AB795, s. 108 Section 108. 344.18 (1) (intro.) of the statutes is amended to read:

AB795,39,22 344.18 (1) (intro.) Any registration suspended or revoked as provided in under s. 344.14 shall remain suspended or revoked and shall not be renewed or reinstated until the person pays the fee required under s. 341.36 (1m) has been paid, one, meets one of the requirements under pars. (a) to (d) has been met and satisfies the requirements of sub. (1m) are satisfied. Any operating privilege suspended or revoked as provided in under s. 344.14 shall remain suspended or revoked and shall not be renewed or reinstated until the person pays the fee required under s. 343.21 (1) (j) has been paid, the, complies with the applicable provisions of s. 343.38 have been complied with and one meets any of the following requirements has been met:

AB795, s. 109 Section 109. 344.18 (1) (a) of the statutes is amended to read:

AB795,39,25 344.18 (1) (a) The person whose operating privilege or registration was suspended or revoked deposits the security required under s. 344.14.

AB795, s. 110 Section 110. 344.18 (1) (b) of the statutes is amended to read:

AB795,40,6 344.18 (1) (b) There is filed with the secretary evidence satisfactory to the secretary that the person whose operating privilege or registration was suspended or revoked has been released from liability or has been finally adjudicated not to be liable. The secretary may accept a release executed by a parent on behalf of a minor child only if the release satisfies the requirements specified in s. 344.14 (2) (h).

AB795, s. 111 Section 111. 344.18 (1) (c) of the statutes is amended to read:

AB795,40,11 344.18 (1) (c) There is filed with the secretary evidence satisfactory to the secretary that the person whose operating privilege or registration was suspended or revoked has executed a duly acknowledged written agreement in accordance with s. 344.14 (2) (h) and subject to sub. (3).

AB795, s. 112 Section 112. 344.18 (1) (d) of the statutes is amended to read:

AB795,40,20 344.18 (1) (d) One year has elapsed since the effective date of the suspension or revocation order and, during such period, no notice has been filed with the secretary by any claimant that an action was commenced by a party in interest. If the action was commenced in a court of record, the notice required by this paragraph shall include a certified copy of the summons and complaint or counterclaim or cross-complaint and proof of service filed therein. In all cases of service under s. 345.09, an additional notice and service must be made under this chapter to avail oneself of the provisions of this chapter.

AB795, s. 113 Section 113. 344.18 (1m) (a) of the statutes is amended to read:

AB795,41,6 344.18 (1m) (a) Unless 3 years have elapsed since the date that a requirement under sub. (1) (a), (b), (c) or (d) has been met, the person whose registration was suspended or revoked under sub. (1) or whose operating privilege or registration was suspended or revoked under s. 344.14, 1989 stats., shall file with the department and maintain in effect proof of financial responsibility in the amount, form and manner specified in this chapter. The person shall maintain the proof of financial responsibility at all times for 3 years following reinstatement or renewal of the registration while the registration of any vehicle owned by the person is in effect or, for suspension of operating privilege, for 3 years following reinstatement or renewal of the license while the license is in effect.

AB795, s. 114 Section 114. 344.18 (1m) (b) of the statutes is amended to read:

AB795,41,10 344.18 (1m) (b) This subsection applies as a condition precedent to renewal or reinstatement of an operating privilege or registration suspended or revoked under s. 344.14, 1989 stats.

AB795, s. 115 Section 115. 344.18 (3) (intro.) of the statutes is amended to read:

AB795,41,24 344.18 (3) (intro.) If there is any default a person defaults in the payment of any instalment under a duly acknowledged written agreement, the secretary, upon notice of such default given in no event later than 30 days after the time for final instalment, shall forthwith revoke immediately suspend the registrations and operating privilege of the defaulting person, which . A suspension or revocation of registration under this subsection shall remain in effect until the person pays the fee required under s. 341.36 (1m) has been paid, the, meets the requirement under par. (a) or (b) has been met and satisfies the requirements of sub. (3m) are satisfied, and shall forthwith revoke the operating privilege of the defaulting person, which. A suspension or revocation of an operating privilege under this subsection shall remain in effect until the person pays the fee required in s. 343.21 (1) (j) has been paid, the, complies with the applicable provisions of s. 343.38 have been complied with and one meets any of the following requirements has been met:

AB795, s. 116 Section 116. 344.18 (3) (b) of the statutes is amended to read:

AB795,42,4 344.18 (3) (b) One year has elapsed since the effective date of the suspension or revocation order and, during such period, no notice has been filed with the secretary by any claimant that an action was commenced by a party in interest. The notice required by this paragraph shall comply with sub. (1) (d).

AB795, s. 117 Section 117. 344.18 (3m) (a) of the statutes is amended to read:

AB795,42,15 344.18 (3m) (a) Unless 3 years have elapsed since the date that a requirement under sub. (3) (a) or (b) has been met, the person whose operating privilege or registration was suspended or revoked under sub. (3) or whose operating privilege or registration was suspended under s. 344.18 (3), 1989 stats., shall file with the department and maintain in effect proof of financial responsibility in the amount, form and manner specified in this chapter. The person shall maintain the proof of financial responsibility at all times for 3 years following reinstatement or renewal of the registration while the registration of any vehicle owned by the person is in effect or, for suspension of operating privilege, for 3 years following reinstatement or renewal of the license while the license is in effect.

AB795, s. 118 Section 118. 344.18 (3m) (b) of the statutes is amended to read:

AB795,42,19 344.18 (3m) (b) This subsection applies as a condition precedent to renewal or reinstatement of an operating privilege or registration suspended or revoked under s. 344.18 (3), 1989 stats sub. (3).

AB795, s. 119 Section 119. 344.18 (3r) of the statutes is amended to read:

AB795,42,22 344.18 (3r) The secretary shall refuse registration of any vehicle owned by a person whose registration has been suspended or revoked under sub. (3).

AB795, s. 120 Section 120. 344.18 (4) of the statutes is amended to read:

AB795,43,3 344.18 (4) The secretary shall not revoke suspend, as required by sub. (3), if the defaulting person has made payments to the extent specified in s. 344.15 (1) with reference to the acceptable limits of a policy or bond.

AB795, s. 121 Section 121. 344.19 (2) of the statutes is amended to read:

AB795,43,12 344.19 (2) If the operating privilege or registration of a nonresident is revoked pursuant to suspended under s. 344.14, the secretary shall transmit a certified copy of the record of such action to the administrator of the division of motor vehicles or equivalent official of the state in which that person resides if the law of the state in which that person resides provides for similar action by the administrator or equivalent official of that state in the event that a resident of this state has a nonresident's operating privilege or registration in that state suspended or revoked for failure to comply with the safety responsibility law of that state.

AB795, s. 122 Section 122. 344.19 (3) of the statutes is amended to read:

AB795,44,10 344.19 (3) Upon receipt of such certification from another state to the effect that the operating privilege or registration of a resident of this state has been suspended or revoked in such other state pursuant to under a law providing for its suspension or revocation for failure to deposit security for payment of judgments arising out of a motor vehicle accident, under circumstances which would require the secretary to revoke suspend a nonresident's operating privilege or registration had the accident occurred in this state, the secretary shall revoke suspend the license operating privilege of such resident if he or she was the operator and all of his or her registrations if he or she was the owner of a motor vehicle involved in such accident. The department may accept a certification which is in the form of a combined notice of required security and suspension or revocation order, but shall not revoke suspend a resident's operating privilege or registration on the basis of such order until at least 30 days have elapsed since the time for depositing security in the other state expired. A suspension or revocation of operating privilege under this section shall continue until such resident furnishes evidence of his or her compliance with the law of the other state relating to the deposit of security, pays the fee required under s. 343.21 (1) (j) has been paid and complies with the applicable provisions of s. 343.38 have been complied with. A suspension or revocation of registration under this section shall continue until such resident furnishes evidence of his or her compliance with the law of the other state relating to the deposit of security, pays the fee required under s. 341.36 (1m) has been paid and satisfies the requirements of sub. (3m) are satisfied.

AB795, s. 123 Section 123. 344.19 (3g) of the statutes is amended to read:

AB795,44,13 344.19 (3g) The secretary shall refuse registration of any vehicle owned by a person whose registration has been suspended or revoked under sub. (3).

AB795, s. 124 Section 124. 344.19 (3m) (a) of the statutes is amended to read:

AB795,44,24 344.19 (3m) (a) Unless 3 years have elapsed since compliance of the resident with the law of the other state relating to the deposit of security, the resident whose operating privilege or registration was suspended or revoked under sub. (3) or whose operating privilege or registration was suspended under s. 344.19 (3), 1989 stats., shall file with the department and maintain in effect proof of financial responsibility in the amount, form and manner specified in this chapter. The person shall maintain the proof of financial responsibility at all times for 3 years following reinstatement or renewal of the registration while the registration of any vehicle owned by the resident is in effect or, for suspension of operating privilege, for 3 years following reinstatement or renewal of the license while the license is in effect.

AB795, s. 125 Section 125. 344.19 (3m) (b) of the statutes is amended to read:

AB795,45,3 344.19 (3m) (b) This subsection applies as a condition precedent to renewal or reinstatement of an operating privilege or registration suspended or revoked under s. 344.19 (3), 1989 stats sub. (3).

AB795, s. 126 Section 126. 344.24 of the statutes is amended to read:

AB795,45,15 344.24 Applicability of sections relating to proof of financial responsibility for the future. Sections 344.29 to 344.41 are applicable in all cases in which a person is required to deposit proof of financial responsibility for the future, including those cases in which a person is required to deposit proof of financial responsibility for the future under ss. 344.25 to 344.27, those cases in which the deposit of proof of financial responsibility for the future is a condition precedent to renewal or reinstatement of an operating privilege or registration suspended or revoked under s. 344.14, 344.18 (3) or 344.19 (3) and those cases in which the deposit of proof of financial responsibility for the future is a condition precedent to issuance of an operator's license under s. 343.38 (4) or reinstatement of an operating privilege revoked pursuant to under ch. 343.

AB795, s. 127 Section 127. 344.25 (intro.) of the statutes is amended to read:

AB795,45,22 344.25 (title) Revocation of license and registration Suspension for nonpayment of judgment; exceptions. (intro.) Upon the receipt, under s. 344.05, of a certified copy of a judgment for damages in excess of $500 or more arising out of a motor vehicle accident, the secretary shall forthwith revoke immediately suspend the operating privilege and all registrations of the person against whom such judgment was rendered, subject to the following exceptions:

AB795, s. 128 Section 128. 344.25 (1) of the statutes is amended to read:

AB795,46,3 344.25 (1) If the judgment arose out of an accident caused by the ownership or operation, with permission, of a vehicle owned by or leased to the United States, this state or any county or municipality of this state or a vehicle subject to the requirements of s. 121.53, 194.41 or 194.42, the secretary shall not revoke such license suspend such operating privilege or registration.

AB795, s. 129 Section 129. 344.25 (3) of the statutes is amended to read:

AB795,46,7 344.25 (3) The secretary shall not revoke such license suspend such operating privilege or registrations if the judgment debtor obtains a court order for instalment payments and furnishes proof of financial responsibility as provided in s. 344.27.

AB795, s. 130 Section 130. 344.25 (5) of the statutes is amended to read:

AB795,46,16 344.25 (5) When the secretary receives certification of the entry of a damage judgment in accordance with s. 344.05 against a resident of this state which has been entered by an Indian tribal court in this state or by a court in another jurisdiction, the secretary shall give notice to the person of the receipt of the certification of judgment. If satisfaction of such judgment is not made and copy of such satisfaction filed with the secretary within 30 days from the date such notice was given, the secretary shall revoke the license suspend the operating privilege and registrations of such judgment debtor.

AB795, s. 131 Section 131. 344.26 (title) of the statutes is amended to read:

AB795,46,19 344.26 (title) Revocation Suspension to continue until judgment paid and proof of financial responsibility given.

AB795, s. 132 Section 132. 344.26 (1) of the statutes is amended to read:

AB795,47,4 344.26 (1) Subject to the exceptions stated in ss. 344.25 (2) and 344.27 (2), any operating privilege or registration suspended or revoked pursuant to under s. 344.25 shall remain suspended or revoked until every judgment mentioned in s. 344.25 is stayed, satisfied or discharged and, unless 3 years have elapsed since the date of entry of the judgment which was the cause for suspension or revocation, until the person whose operating privilege and registration was suspended or revoked furnishes and maintains in effect proof of financial responsibility for the future and maintains such proof at all times during such 3-year period when the operating privilege or registration is in effect.

AB795, s. 133 Section 133. 344.27 (title) of the statutes is amended to read:

AB795,47,7 344.27 (title) Instalment payment of judgments; revocation suspension upon default.

AB795, s. 134 Section 134. 344.27 (2) of the statutes is amended to read:

AB795,47,14 344.27 (2) The secretary shall not revoke suspend the operating privilege or registration and shall restore any operating privilege or registration revoked suspended following nonpayment of a judgment when the judgment debtor obtains such order permitting the payment of the judgment in instalments and, unless 3 years have elapsed since the entry of judgment, furnishes and maintains proof of financial responsibility for the future.

AB795, s. 135 Section 135. 344.27 (3) of the statutes is amended to read:

AB795,47,19 344.27 (3) If the judgment debtor fails to pay any instalment as specified by such order, the secretary, upon notice of such default, shall forthwith revoke immediately suspend the operating privilege and registrations of the judgment debtor until such judgment is satisfied as provided in s. 344.26.

AB795, s. 136 Section 136. 344.29 of the statutes is amended to read:

AB795,48,4 344.29 Proof of financial responsibility for the future required. Proof of financial responsibility for the future shall be furnished by any person required to give such proof under ss. 344.25 to 344.27, those cases in which the deposit of proof of financial responsibility for the future is a condition precedent to renewal or reinstatement of an operating privilege or registration suspended or revoked under s. 344.14, 344.18 (3) or 344.19 (3) and in those cases in which the deposit of proof of financial responsibility for the future is a condition precedent to issuance of an operator's license under s. 343.38 (4) or reinstatement of an operating privilege revoked under ch. 343.

AB795, s. 137 Section 137. 344.40 (title) of the statutes is amended to read: