LRB-3780/1
TNF:mfd:km
1997 - 1998 LEGISLATURE
September 18, 1997 - Introduced by Senators Moen, Jauch, Burke, Decker,
Plache, Grobschmidt, Roessler, A. Lasee, Weeden and Rosenzweig,
cosponsored by Representatives
Johnsrud, Baumgart, Ryba, Turner, J.
Lehman, Ainsworth and
Boyle. Referred to Committee on Labor,
Transportation and Financial Institutions.
SB306,1,7
1An Act to amend 165.87 (2) (a), 194.41 (1), 302.46 (1) (a), 344.15 (1), 344.15 (2)
2(intro.), 344.15 (4), 344.15 (5), 344.32 (1) (intro.), 344.33 (1), 344.35 (title),
3344.35 (1), 344.35 (2), 344.51 (1), 345.61 (1) (a), 345.61 (2) (c), 345.61 (3), 346.73,
4814.63 (1) (c), 814.63 (2), 814.634 (1) (a), 814.635 (1) and 814.65 (1); and
to
5create 344.10 of the statutes;
relating to: assuring financial responsibility for
6the operation of motor vehicles, granting rule-making authority and providing
7a penalty.
Analysis by the Legislative Reference Bureau
Under current law, the department of transportation (DOT) is required to notify
the operator or owner of a motor vehicle that is involved in an accident that results
in injury, death or property damage of $500 or more and to obtain a deposit of security
for the accident. A deposit is not required if the person can provide proof of financial
responsibility (an applicable motor vehicle liability insurance policy or bond was in
effect at the time of the accident providing not less than the following amounts for
any single accident: $25,000 for one person, $50,000 for more than one person and
$10,000 for property damage).
With certain exceptions, failure to provide proof of financial responsibility or a
deposit of security after an accident results in revocation of the operator's motor
vehicle operating privilege or of the registration of any vehicles registered by the
owner of the vehicle involved in the accident. Any revocation continues until the
person provides a deposit of security or otherwise clears his or her liability or a year
elapses without an action being commenced as a result of the accident.
The person must demonstrate proof of financial responsibility for the future
before the person's operating privilege or registration is renewed or reinstated and
must maintain that proof for 3 years. Proof of financial responsibility for the future
may be demonstrated by having an insurance policy or bond in the same amounts
as are required at the time of an accident or by maintaining a deposit of $60,000 in
cash or securities with DOT.
This bill expands the financial responsibility law by prohibiting any person
from operating a motor vehicle upon a highway in this state unless the owner or
operator of the vehicle assures financial responsibility for the operation of the vehicle
by:
1. Having in effect a motor vehicle liability insurance policy or bond providing
not less than the following amounts for any single accident: $25,000 for one person,
$50,000 for more than one person and $10,000 for property damage; or
2. Maintaining a deposit of $60,000 in cash or securities with DOT.
These insurance policy, bond and deposit amounts are the same amounts as are
required under current law as proof of financial responsibility for the future. Any
person convicted of failing to assure financial responsibility for the operation of a
motor vehicle shall forfeit not more than $500.
The bill provides exceptions for vehicles that are owned by self-insurers,
persons who are required to insure the vehicle under other provisions of law or
vehicles owned by or leased to a governmental unit, if being operated with the
permission of the owner or lessee.
The bill also requires any person operating a motor vehicle upon a highway in
this state to carry proof that financial responsibility for the operation of the vehicle
has been assured or that he or she is exempt from this financial responsibility
requirement, and to provide such proof upon demand from any law enforcement
officer. Any person convicted of failing to carry such proof may be required to forfeit
$10, but no additional fees, costs or assessments may be collected. DOT is required
to include notification of both of these requirements and penalties with each
operator's license that it issues.
Finally, the bill prohibits law enforcement officers from stopping or inspecting
a motor vehicle solely to determine whether the vehicle operator has assured
financial responsibility for the operation of the vehicle or is in compliance with the
requirement of carrying proof with respect to financial responsibility.
For further information see the state and local 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:
SB306, s. 1
1Section
1. 165.87 (2) (a) of the statutes is amended to read:
SB306,3,10
1165.87
(2) (a) Whenever a court imposes a fine or forfeiture for a violation of
2state law or for a violation of a municipal or county ordinance except for a violation
3of s. 101.123 (2) (a), (am) 1. or (bm) or (5) or state laws or municipal or county
4ordinances involving nonmoving traffic violations
, financial responsibility violations
5under s. 344.10 (1) (a) 2. or safety belt use violations under s. 347.48 (2m), there shall
6be imposed in addition a penalty assessment in an amount of 23% of the fine or
7forfeiture imposed. If multiple offenses are involved, the penalty assessment shall
8be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture
9is suspended in whole or in part, the penalty assessment shall be reduced in
10proportion to the suspension.
SB306, s. 2
11Section
2. 194.41 (1) of the statutes is amended to read:
SB306,4,1412
194.41
(1) No permit or vehicle registration may be issued to a common motor
13carrier of property, contract motor carrier or rental company, no permit or vehicle
14registration may remain in force to operate any motor vehicle under the authority
15of this chapter and no vehicle registration may be issued or remain in force for a
16semitrailer unless the carrier or rental company has on file with the department and
17in effect an approved certificate for a policy of insurance or other written contract in
18such form and containing such terms and conditions as may be approved by the
19department issued by an insurer authorized to do a surety or
automobile motor
20vehicle liability business in this state under which the insurer assumes the liability
21prescribed by this section with respect to the operation of such motor vehicles. The
22certificate or other contract is subject to the approval of the department and shall
23provide that the insurer shall be directly liable for and shall pay all damages for
24injuries to or for the death of persons or for injuries to or destruction of property that
25may be recovered against the owner or operator of any such motor vehicles by reason
1of the negligent operation thereof in such amount as the department may require.
2Liability may be restricted so as to be inapplicable to damage claims on account of
3injury to or destruction of property transported, but the department may require a
4certificate or other contract protecting the owner of the property transported by
5carriers from loss or damage in the amount and under the conditions as the
6department may require. No permit or vehicle registration may be issued to a
7common motor carrier of passengers by any motor vehicle, or other carrier of
8passengers by motor bus, except those registered in accordance with s. 341.26 (2) (a)
9and (d), and no permit or vehicle registration may remain in force to operate any
10motor vehicle unless it has on file with the department a like certificate or other
11contract in the form and containing the terms and conditions as may be approved by
12the department for the payment of damages for injuries to property and injuries to
13or for the death of persons, including passengers, in the amounts as the department
14may require.
SB306, s. 3
15Section
3. 302.46 (1) (a) of the statutes is amended to read:
SB306,4,2516
302.46
(1) (a)
On or after October 1, 1987, if If a court imposes a fine or forfeiture
17for a violation of state law or for a violation of a municipal or county ordinance except
18for a violation of s. 101.123 (2) (a), (am) 1. or (bm) or (5) or state laws or municipal
19or county ordinances involving nonmoving traffic violations
, financial responsibility
20violations under s. 344.10 (1) (a) 2. or safety belt use violations under s. 347.48 (2m),
21the court, in addition, shall impose a jail assessment in an amount of 1% of the fine
22or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved,
23the court shall determine the jail assessment on the basis of each fine or forfeiture.
24If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail
25assessment in proportion to the suspension.
SB306, s. 4
1Section
4. 344.10 of the statutes is created to read:
SB306,5,8
2344.10 Compulsory financial responsibility; limits and penalties. (1) 3(a) 1. No person may operate a motor vehicle upon a highway in this state unless the
4owner or operator has in effect a motor vehicle liability policy or bond for the motor
5vehicle, which meets the requirements under s. 344.15, insuring against loss
6resulting from liability imposed by law for bodily injury, death and property damage
7sustained by any person arising out of the ownership, maintenance, operation or use
8of the motor vehicle.
SB306,5,139
2. No person may operate a motor vehicle upon a highway in this state unless
10the person has in his or her immediate possession at all times while operating the
11vehicle proof that he or she is in compliance with subd. 1. or that the requirements
12of subd. 1. do not apply to him or her, and shall display the proof upon demand from
13any law enforcement officer.
SB306,5,1914
(b) 1. No person charged with violating par. (a) 1. may be convicted if the person
15produces proof that he or she was in compliance with par. (a) 1. or that the
16requirements of par. (a) 1. did not apply to him or her at the time of the arrest. Such
17proof may be produced either at the time of the person's appearance in court in
18response to the uniform traffic citation, or in the office of the arresting officer within
195 days after the date of issuance of the uniform traffic citation.
SB306,5,2420
2. Proof of compliance with par. (a) 1. may be evidenced by display of the motor
21vehicle policy or bond in effect for the motor vehicle under s. 344.15, a copy of that
22policy or bond or an identification card issued to the person by the insurer indicating
23that the policy or bond is in effect or by display of certification of insurance under s.
24344.31 or a copy of that certification.
SB306,6,3
13. The department shall promulgate a rule specifying the form of proof that
2may be displayed by a person under par. (c) to show that the requirements under par.
3(a) 1. do not apply to him or her.
SB306,6,44
(c) Paragraph (a) 1. does not apply to:
SB306,6,65
1. Any person operating a vehicle owned by a self-insurer under s. 344.16 if
6operating with the owner's permission.
SB306,6,87
2. Any person operating a vehicle insured as required by s. 121.53, 194.41 or
8194.42 if operating with the owner's permission.
SB306,6,119
3. Any person who has filed proof of financial responsibility as provided under
10sub. (2) or to any person operating a vehicle owned by the person who has deposited
11money or security if operating with the owner's permission.
SB306,6,1412
4. The operator of a vehicle owned by or leased to the United States, this or
13another state or any county or municipality of this or another state if operating with
14the owner's or lessee's permission.
SB306,6,16
15(2) Proof of financial responsibility may be evidenced by a deposit of money or
16securities in the amount, form and manner specified in s. 344.37.
SB306,6,25
17(3) Notwithstanding s. 349.02, a law enforcement officer may not stop or
18inspect a vehicle solely to determine compliance with sub. (1) (a) 1. or 2. or both or
19a local ordinance in conformity with sub. (1) (a) 1. or 2. or both. This subsection does
20not limit the authority of a law enforcement officer to issue a citation for a violation
21of sub. (1) (a) 1. or 2. or both or a local ordinance in conformity with sub. (1) (a) 1. or
222. or both observed in the course of a stop or inspection made for other purposes,
23except that a law enforcement officer may not take a person into physical custody
24solely for a violation of sub. (1) (a) 1. or 2. or both or a local ordinance in conformity
25with sub. (1) (a) 1. or 2. or both.
SB306,7,2
1(4) The department shall include with each operator's license issued under ch.
2343 notification of the requirements and penalties under this section.
SB306,7,3
3(5) (a) Any person who violates sub. (1) (a) 1. shall forfeit not more than $500.
SB306,7,44
(b) Any person who violates sub. (1) (a) 2. may be required to forfeit $10.
SB306, s. 5
5Section
5. 344.15 (1) of the statutes is amended to read:
SB306,7,156
344.15
(1) No policy or bond is effective under s.
344.10 or 344.14 unless issued
7by an insurer authorized to do
an automobile a motor vehicle liability or surety
8business in this state, except as provided in sub. (2), or unless the policy or bond is
9subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of
10interest and costs, of not less than $25,000 because of bodily injury to or death of one
11person in any one accident and, subject to that limit for one person, to a limit of not
12less than $50,000 because of bodily injury to or death of 2 or more persons in any one
13accident and, if the accident has resulted in injury to or destruction of property, to
14a limit of not less than $10,000 because of injury to or destruction of property of
15others in any one accident.
SB306, s. 6
16Section
6. 344.15 (2) (intro.) of the statutes is amended to read:
SB306,7,2217
344.15
(2) (intro.) A policy or bond with respect to a vehicle which was not
18registered in this state or was registered elsewhere at the time of the effective date
19of the policy or bond or the most recent renewal thereof may be effective under s.
20344.10 or 344.14 even though not issued by an insurer authorized to do
an automobile 21a motor vehicle liability or surety business in this state if the following conditions are
22complied with:
SB306, s. 7
23Section
7. 344.15 (4) of the statutes is amended to read:
SB306,8,1924
344.15
(4) After receipt of the report of an accident of the type specified in s.
25344.12, the secretary may forward to the insurer named therein, that portion of the
1report or other notice which pertains to
an automobile a motor vehicle liability policy
2or bond. The secretary shall assume that
an automobile a motor vehicle liability
3policy or bond as described in this section was in effect and applied to both the owner
4and operator with respect to the accident unless the insurer notifies the secretary
5otherwise within 30 days from the mailing to the insurer of that portion of the report
6or other notice pertaining to the
automobile motor vehicle liability policy or bond.
7Upon receipt of notice from the insurer that
an automobile a motor vehicle liability
8policy or bond was in effect as to the owner only, the operator only or was not in effect
9as to either of them, the secretary shall within the remainder of the 90-day period
10specified in s. 344.13 (3) require the owner or operator or both, whichever is
11applicable, to deposit security pursuant to this chapter. As respects permission to
12operate the vehicle, the insurer may correct the report or other notice only if it files
13with the secretary within the 30-day period specified in this subsection an affidavit
14signed by the owner stating that the operator did not have the owner's permission
15to operate the vehicle. Where the insurer's failure to notify the secretary within 30
16days of a correction in that portion of the report or other notice pertaining to
an
17automobile a motor vehicle liability policy or bond is caused by fraud, the insurer
18shall notify the secretary of the correction within 30 days of the time the fraud is
19discovered.
SB306, s. 8
20Section
8. 344.15 (5) of the statutes is amended to read:
SB306,9,321
344.15
(5) Nothing in this chapter shall be construed to impose any obligation
22not otherwise assumed by the insurer in its
automobile
motor vehicle liability policy
23or bond except that if no correction is made in the report or other notice within 30
24days after it is mailed to the insurer, the insurer, except in case of fraud, whenever
25such fraud may occur, is estopped from using as a defense to its liability the insured's
1failure to give permission to the operator or a violation of the purposes of use specified
2in the
automobile motor vehicle liability policy or bond or the use of the vehicle
3beyond agreed geographical limits.