SB77: Bill Text

SB77,1619,2 341.31 (4) (a) The transferee or lessee of a vehicle registered as provided in s. 341.29, 341.295 or 341.30 is not subject to the payment of any registration fee for the remainder of the period for which the vehicle is registered unless, by reason of his or her status or the use to which the vehicle is put, the fee prescribed by law is higher than that paid by the former owner. In such event, the fee shall be computed on the basis of one-twelfth of the difference between the 2 annual fees multiplied by the number of months of the current registration period which have not fully expired on the date, after the vehicle is acquired by the applicant, when such vehicle is first operated by him or her or with his or her consent under circumstances making it subject to registration in this state.

SB77, s. 4020 Section 4020. 341.31 (4) (b) of the statutes is amended to read:

SB77,1619,10 341.31 (4) (b) A person retaining a set of plates removed from a vehicle under s. 342.15 (4) (a) or 342.34 (1) (c) or (2) (c) and which was junked or transferred, is no longer leased to the person or used on the highways or has been registered as a special interest vehicle under s. 341.266 (2) (a) or a reconstructed, replica, street modified or homemade vehicle under s. 341.268 (2) (a) may receive credit for the unused portion of the registration fee paid when registering a replacement vehicle of the same type and gross weight.

SB77, s. 4021 Section 4021. 341.31 (5) of the statutes is amended to read:

SB77,1619,17 341.31 (5) This section does not apply to vehicles registered at a fee of $5 under s. 341.26. Such vehicles, whether registered for a full period or part thereof and whether or not previously registered, shall be registered at the full fee. If a person authorized to register a vehicle at a fee of $5 under s. 341.26 transfers the vehicle to a person not so authorized or no longer leases the vehicle, the fee payable by the transferee shall be computed as for a vehicle not previously registered in this state.

SB77, s. 4022 Section 4022. 341.33 (3) of the statutes is amended to read:

SB77,1620,4 341.33 (3) Upon request, the department shall refund 50% of a registration fee paid for a vehicle registered on a biennial basis if the person who registered the vehicle furnishes such proof as the department requires that the person has transferred his or her interest in the vehicle or terminated leasing the vehicle before the beginning of the 2nd year of the period for which the vehicle is registered or that the vehicle will not be operated in this state after the beginning of the 2nd year of the period for which the vehicle is registered. The department may require the person to return the certificate of registration and registration plates for the vehicle to the department. Except as provided in sub. (1), the department may not refund more than 50% of the fee paid for the registration of a vehicle registered on a biennial basis.

SB77, s. 4023 Section 4023. 341.40 (2) of the statutes is amended to read:

SB77,1620,8 341.40 (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.

SB77, s. 4024 Section 4024. 341.51 (4) (am) of the statutes is created to read:

SB77,1620,11 341.51 (4) (am) If the applicant is an individual, the social security number of the individual.

SB77, s. 4025 Section 4025. 341.51 (4g) of the statutes is created to read:

SB77,1620,15 341.51 (4g) (a) The department shall deny an application for the issuance or renewal of registration if an individual has not included his or her social security number in the application.

SB77,1620,18 (b) The department of transportation may not disclose a social security number obtained under sub. (4) (am) to any person except to the department of industry, labor and job development for purposes of administering s. 49.22.

SB77, s. 4026 Section 4026. 341.51 (4m) of the statutes is created to read:

SB77,1620,24 341.51 (4m) A registration shall be denied, restricted, limited or suspended if the applicant or licensee is an individual who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.

SB77, s. 4027 Section 4027. 341.605 (3) of the statutes is amended to read:

SB77,1621,2 341.605 (3) Whoever violates sub. (1) or (2) may be fined not more than $5,000 or imprisoned for not more than 5 7 years and 6 months, or both, for each violation.

SB77, s. 4028 Section 4028. 341.65 (1) (am) of the statutes is created to read:

SB77,1621,6 341.65 (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.

SB77, s. 4029 Section 4029. 342.01 (2) (a) of the statutes is renumbered 342.01 (2) (am).

SB77, s. 4030 Section 4030. 342.01 (2) (ag) of the statutes is created to read:

SB77,1621,9 342.01 (2) (ag) "Deliver" includes electronic transmission.

SB77, s. 4031 Section 4031. 342.025 of the statutes is created to read:

SB77,1621,14 342.025 Applicability of chapter to mobile homes. This chapter does not apply to a mobile home exceeding 45 feet in length unless a certificate of title has been issued for the mobile home before the effective date of this section .... [revisor inserts date].

SB77, s. 4032 Section 4032. 342.05 (1m) of the statutes is created to read:

SB77,1621,19 342.05 (1m) A transferee of a mobile home that is exempt under s. 341.05 (25) from registration in this state and for which a certificate of title has been issued before the effective date of this subsection .... [revisor inserts date], shall make application under s. 342.15 for a certificate of title.

SB77, s. 4033 Section 4033. 342.06 (1) (intro.) of the statutes is amended to read:

SB77,1621,24 342.06 (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:

SB77, s. 4034 Section 4034. 342.06 (1) (a) of the statutes is amended to read:

SB77,1622,1 342.06 (1) (a) The full name and residence or business address of the owner.

SB77, s. 4035 Section 4035. 342.06 (1) (g) of the statutes is amended to read:

SB77,1622,9 342.06 (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.

SB77, s. 4036 Section 4036. 342.06 (1) (i) of the statutes is amended to read:

SB77,1622,17 342.06 (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.

SB77, s. 4037 Section 4037. 342.06 (1m) of the statutes is amended to read:

SB77,1622,21 342.06 (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).

SB77, s. 4038 Section 4038. 342.06 (2) of the statutes is amended to read:

SB77,1622,25 342.06 (2) Any person who knowingly makes a false statement in an application for a certificate of title may be fined not more than $5,000 or imprisoned not more than 5 7 years and 6 months or both.

SB77, s. 4039 Section 4039. 342.065 (4) (b) of the statutes is amended to read:

SB77,1623,4 342.065 (4) (b) Any person who violates sub. (1) with intent to defraud may be fined not more than $5,000 or imprisoned for not more than 5 7 years and 6 months or both.

SB77, s. 4040 Section 4040. 342.09 (1) of the statutes is renumbered 342.09 (1) (a) and amended to read:

SB77,1623,11 342.09 (1) (a) The department shall maintain a record of each application for certificate of title received by it and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate of title, shall issue and, except as provided in par. (b), deliver a certificate to the owner of the vehicle.

SB77, s. 4041 Section 4041. 342.09 (1) (b) of the statutes is created to read:

SB77,1623,15 342.09 (1) (b) If there is a perfected security interest in a vehicle, the department shall deliver the certificate of title to the secured party having the primary perfected security interest in the vehicle.

SB77, s. 4042 Section 4042. 342.10 (6) of the statutes is created to read:

SB77,1623,18 342.10 (6) A certificate of title may be issued by the department in an automated format.

SB77, s. 4043 Section 4043. 342.13 (1) of the statutes is amended to read:

SB77,1624,4 342.13 (1) If a certificate of title is lost, stolen, mutilated or destroyed or becomes illegible, the owner or legal representative of the owner named in person in possession of the certificate, as shown by the records of the department, shall promptly make application for and may obtain a replacement upon furnishing information satisfactory to the department. The replacement certificate of title shall contain the legend "This is a replacement certificate and may be subject to the rights of a person under the original certificate". If applicable under s. 346.65 (6), the replacement certificate of title shall include the notation "Per section 346.65 (6) of the Wisconsin statutes, ownership of this motor vehicle may not be transferred without prior court approval".

SB77, s. 4044 Section 4044. 342.14 (1r) of the statutes is created to read:

SB77,1624,9 342.14 (1r) Upon filing an application under sub. (1) for a new vehicle being registered for the first time, 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.

SB77, s. 4045 Section 4045. 342.15 (1) (a) of the statutes is amended to read:

SB77,1624,18 342.15 (1) (a) If an owner transfers an interest in a vehicle, other than by the creation of a security interest, the owner shall comply with the requirements of s. 342.155 and, at the time of the delivery of the vehicle, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate, and the owner or person in possession of the certificate, as shown by the records of the department, shall cause the certificate to be mailed or delivered to the transferee, except that if the vehicle being transferred is a junk vehicle or has been junked, the owner shall return the certificate to the department in accordance with s. 342.34.

SB77, s. 4046 Section 4046. 342.15 (1) (c) of the statutes is amended to read:

SB77,1624,24 342.15 (1) (c) If an owner transfers his or her interest in a salvage vehicle, the owner shall at the time of the delivery of the vehicle, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate, and the owner or person in possession of the certificate, as shown by the records of the department, shall cause the certificate to be mailed or delivered to the transferee.

SB77, s. 4047 Section 4047. 342.15 (5) of the statutes is amended to read:

SB77,1625,6 342.15 (5) Any owner of a vehicle for which a certificate of title has been issued, who upon transfer of the vehicle fails to execute and deliver the assignment and warranty of title required by sub. (1), or the owner or person in possession of such certificate of title, as shown by the records of the department, who fails to deliver the assignment and warranty of title required by sub. (1), may be required to forfeit not more than $500.

SB77, s. 4048 Section 4048. 342.155 (1) (b) of the statutes is amended to read:

SB77,1625,14 342.155 (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.

SB77, s. 4049 Section 4049. 342.155 (4) (b) of the statutes is amended to read:

SB77,1625,18 342.155 (4) (b) Any person who violates this section with intent to defraud may be fined not more than $5,000 or imprisoned for not more than 5 7 years and 6 months or both.

SB77, s. 4050 Section 4050. 342.156 (6) (b) of the statutes is amended to read:

SB77,1625,22 342.156 (6) (b) Any person who violates this section with intent to defraud may be fined not more than $5,000 or imprisoned for not more than 5 7 years and 6 months or both.

SB77, s. 4051 Section 4051. 342.17 (4) (b) 4. of the statutes is amended to read:

SB77,1626,2 342.17 (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.

SB77, s. 4052 Section 4052. 342.20 (1) of the statutes is amended to read:

SB77,1626,10 342.20 (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 the owner or person in possession of the owner's certificate, as shown by the records of the department, shall cause the certificate, application and the required fee to be delivered to the secured party.

SB77, s. 4053 Section 4053. 342.23 (2) (a) of the statutes is amended to read:

SB77,1626,17 342.23 (2) (a) An owner or person in possession of the owner's certificate of title, as shown by the records of the department, shall promptly deliver the owner's certificate of title to any secured party who is named on it or who has a security interest in the vehicle described in it under any other applicable prior law of this state, upon receipt of a notice from such secured party that the security interest is to be assigned, extended or perfected.

SB77, s. 4054 Section 4054. 342.30 (1) of the statutes is renumbered 342.30 (1g).

SB77, s. 4055 Section 4055. 342.30 (1c) of the statutes is created to read:

SB77,1626,21 342.30 (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.

SB77, s. 4056 Section 4056. 342.30 (3) (a) of the statutes is amended to read:

SB77,1626,24 342.30 (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.

SB77, s. 4057 Section 4057. 342.30 (3) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

SB77,1627,4 342.30 (3) (a) Any person who violates sub. (1g) may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both.

SB77, s. 4058 Section 4058. 342.30 (4) (a) of the statutes is amended to read:

SB77,1627,14 342.30 (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.

SB77, s. 4059 Section 4059. 342.32 (3) of the statutes is amended to read:

SB77,1627,17 342.32 (3) Whoever violates sub. (1) or (2) may be fined not more than $5,000 or imprisoned for not more than 5 7 years and 6 months, or both, for each violation.

SB77, s. 4060 Section 4060. 342.40 (1) of the statutes is renumbered 342.40 (1m).

SB77, s. 4061 Section 4061. 342.40 (1c) of the statutes is created to read:

SB77,1627,21 342.40 (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.

SB77, s. 4062 Section 4062. 343.06 (1) (c) of the statutes is amended to read:

SB77,1628,21 343.06 (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.

SB77, s. 4063 Section 4063. 343.06 (1) (c) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

SB77,1629,22 343.06 (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 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 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 (f), no operator's license may be issued unless a driver's examination has been administered by the department.

SB77, s. 4064 Section 4064. 343.06 (1) (i) of the statutes is amended to read:

SB77,1630,11 343.06 (1) (i) To any person who has been convicted of any offense specified under ss. 940.225, 948.02, 948.025 and 948.07 or adjudged delinquent under ch. 938 for a like or similar offense, when the sentencing court makes a finding that issuance of a license will be inimical to the public safety and welfare. The prohibition against issuance of a license to the offenders shall apply immediately upon receipt of a record of the conviction and the court finding by the secretary, for a period of one year or until discharge from any jail or prison sentence or any period of probation, community supervision or parole with respect to the offenses specified, whichever date is the later. Receipt by the offender of a certificate of discharge from the department of corrections or other responsible supervising agency, after one year has elapsed since the prohibition began, entitles the holder to apply for an operator's license. The applicant may be required to present the certificate of discharge to the secretary if the latter deems it necessary.