SB77,1621,64
341.65
(1) (am) "Owner" has the meaning given in s. 340.01 (42) and, with
5respect to a vehicle that is registered, or required to be registered, by a lessee of the
6vehicle under this chapter, includes the lessee of the vehicle.
SB77, s. 4029
7Section
4029. 342.01 (2) (a) of the statutes is renumbered 342.01 (2) (am).
SB77, s. 4030
8Section
4030. 342.01 (2) (ag) of the statutes is created to read:
SB77,1621,99
342.01
(2) (ag) "Deliver" includes electronic transmission.
SB77, s. 4031
10Section
4031. 342.025 of the statutes is created to read:
SB77,1621,14
11342.025 Applicability of chapter to mobile homes. This chapter does not
12apply to a mobile home exceeding 45 feet in length unless a certificate of title has been
13issued for the mobile home before the effective date of this section .... [revisor inserts
14date].
SB77, s. 4032
15Section
4032. 342.05 (1m) of the statutes is created to read:
SB77,1621,1916
342.05
(1m) A transferee of a mobile home that is exempt under s. 341.05 (25)
17from registration in this state and for which a certificate of title has been issued
18before the effective date of this subsection .... [revisor inserts date], shall make
19application under s. 342.15 for a certificate of title.
SB77, s. 4033
20Section
4033. 342.06 (1) (intro.) of the statutes is amended to read:
SB77,1621,2421
342.06
(1) (intro.) An application for a certificate of title shall be made to the
22department upon a form
or in an automated format prescribed by it and shall be
23accompanied by the required fee. Each application for certificate of title shall include
24the following information:
SB77, s. 4034
25Section
4034. 342.06 (1) (a) of the statutes is amended to read:
SB77,1622,1
1342.06
(1) (a) The
full name and
residence or business address of the owner.
SB77, s. 4035
2Section
4035. 342.06 (1) (g) of the statutes is amended to read:
SB77,1622,93
342.06
(1) (g) If the vehicle is a used motor vehicle which was last previously
4registered in another jurisdiction, the applicant shall furnish any certificate of
5ownership issued by the other jurisdiction and a statement pertaining to the title
6history and ownership of such motor vehicle, such statement to be in the form the
7department prescribes
, and shall furnish a certification by a person designated by
8the department by rule to the effect that the physical description of the motor vehicle
9has been checked and conforms to the description given in the application.
SB77, s. 4036
10Section
4036. 342.06 (1) (i) of the statutes is amended to read:
SB77,1622,1711
342.06
(1) (i) A place for an applicant who is a natural person to designate that
12the applicant's name, street address, post-office box number and 9-digit extended
13zip code may not be disclosed as provided in s. 341.17 (9), a statement indicating the
14effect of making such a designation and a place for an applicant who has made a
15designation under this paragraph to reverse the designation. The department may
16provide for these designations and statement on an alternative form
or in an
17automated format.
SB77, s. 4037
18Section
4037. 342.06 (1m) of the statutes is amended to read:
SB77,1622,2119
342.06
(1m) On the form
or in the automated format for application for a
20certificate of title, the department may show the fee under s. 342.14 (3m) separately
21from the fee under s. 342.14 (1) or (3).
SB77, s. 4038
22Section
4038. 342.06 (2) of the statutes is amended to read:
SB77,1622,2523
342.06
(2) Any person who knowingly makes a false statement in an
24application for a certificate of title may be fined not more than $5,000 or imprisoned
25not more than
5 7 years
and 6 months or both.
SB77, s. 4039
1Section
4039. 342.065 (4) (b) of the statutes is amended to read:
SB77,1623,42
342.065
(4) (b) Any person who violates sub. (1) with intent to defraud may be
3fined not more than $5,000 or imprisoned for not more than
5 7 years
and 6 months 4or both.
SB77, s. 4040
5Section
4040. 342.09 (1) of the statutes is renumbered 342.09 (1) (a) and
6amended to read:
SB77,1623,117
342.09
(1) (a) The department shall maintain a record of each application for
8certificate of title received by it and, when satisfied as to its genuineness and
9regularity and that the applicant is entitled to the issuance of a certificate of title,
10shall issue and
, except as provided in par. (b), deliver a certificate to the owner of the
11vehicle.
SB77, s. 4041
12Section
4041. 342.09 (1) (b) of the statutes is created to read:
SB77,1623,1513
342.09
(1) (b) If there is a perfected security interest in a vehicle, the
14department shall deliver the certificate of title to the secured party having the
15primary perfected security interest in the vehicle.
SB77, s. 4042
16Section
4042. 342.10 (6) of the statutes is created to read:
SB77,1623,1817
342.10
(6) A certificate of title may be issued by the department in an
18automated format.
SB77, s. 4043
19Section
4043. 342.13 (1) of the statutes is amended to read:
SB77,1624,420
342.13
(1) If a certificate of title is lost, stolen, mutilated or destroyed or
21becomes illegible, the owner or
legal representative of the owner named in person in
22possession of the certificate, as shown by the records of the department, shall
23promptly make application for and may obtain a replacement upon furnishing
24information satisfactory to the department. The replacement certificate of title shall
25contain the legend "This is a replacement certificate and may be subject to the rights
1of a person under the original certificate". If applicable under s. 346.65 (6), the
2replacement certificate of title shall include the notation "Per section 346.65 (6) of
3the Wisconsin statutes, ownership of this motor vehicle may not be transferred
4without prior court approval".
SB77, s. 4044
5Section
4044. 342.14 (1r) of the statutes is created to read:
SB77,1624,96
342.14
(1r) Upon filing an application under sub. (1) for a new vehicle being
7registered for the first time, an environmental impact fee of $5, by the person filing
8the application. All moneys collected under this subsection shall be credited to the
9environmental fund for environmental management.
SB77, s. 4045
10Section
4045. 342.15 (1) (a) of the statutes is amended to read:
SB77,1624,1811
342.15
(1) (a) If an owner transfers an interest in a vehicle, other than by the
12creation of a security interest, the owner shall comply with the requirements of s.
13342.155 and, at the time of the delivery of the vehicle, execute an assignment and
14warranty of title to the transferee in the space provided therefor on the certificate,
15and
the owner or person in possession of the certificate, as shown by the records of
16the department, shall cause the certificate to be mailed or delivered to the transferee,
17except that if the vehicle being transferred is a junk vehicle or has been junked, the
18owner shall return the certificate to the department in accordance with s. 342.34.
SB77, s. 4046
19Section
4046. 342.15 (1) (c) of the statutes is amended to read:
SB77,1624,2420
342.15
(1) (c) If an owner transfers his or her interest in a salvage vehicle, the
21owner shall at the time of the delivery of the vehicle, execute an assignment and
22warranty of title to the transferee in the space provided therefor on the certificate,
23and
the owner or person in possession of the certificate, as shown by the records of
24the department, shall cause the certificate to be mailed or delivered to the transferee.
SB77, s. 4047
25Section
4047. 342.15 (5) of the statutes is amended to read:
SB77,1625,6
1342.15
(5) Any owner of a vehicle for which a certificate of title has been issued,
2who upon transfer of the vehicle fails to execute
and deliver the assignment and
3warranty of title required by sub. (1)
, or the owner or person in possession of such
4certificate of title, as shown by the records of the department, who fails to deliver the
5assignment and warranty of title required by sub. (1), may be required to forfeit not
6more than $500.
SB77, s. 4048
7Section
4048. 342.155 (1) (b) of the statutes is amended to read:
SB77,1625,148
342.155
(1) (b) The mileage disclosure statement required under par. (a) shall
9be made in the spaces provided on the certificate of title or on a form
or in an
10automated format authorized by the department. The transferee shall print his or
11her name on the mileage disclosure statement, sign the statement and return a copy
12of the statement to the transferor. Except as authorized by rule of the department,
13no person may sign a mileage disclosure statement as both the transferor and
14transferee in the same transaction.
SB77, s. 4049
15Section
4049. 342.155 (4) (b) of the statutes is amended to read:
SB77,1625,1816
342.155
(4) (b) Any person who violates this section with intent to defraud may
17be fined not more than $5,000 or imprisoned for not more than
5 7 years
and 6 months 18or both.
SB77, s. 4050
19Section
4050. 342.156 (6) (b) of the statutes is amended to read:
SB77,1625,2220
342.156
(6) (b) Any person who violates this section with intent to defraud may
21be fined not more than $5,000 or imprisoned for not more than
5 7 years
and 6 months 22or both.
SB77, s. 4051
23Section
4051. 342.17 (4) (b) 4. of the statutes is amended to read:
SB77,1626,224
342.17
(4) (b) 4. The limit in subd. 3. does not apply if the surviving spouse is
25proceeding under s. 867.03
(1) (1g) and the total value of the decedent's solely owned
1property in the state, including the vehicles transferred under this paragraph, does
2not exceed $10,000.
SB77, s. 4052
3Section
4052. 342.20 (1) of the statutes is amended to read:
SB77,1626,104
342.20
(1) The owner shall immediately execute, in the space provided therefor
5on the certificate of title or on a separate form
or in an automated format prescribed
6by the department, an application to name the secured party on the certificate,
7showing the name and address of the secured party, and
the owner or person in
8possession of the owner's certificate, as shown by the records of the department, shall 9cause the certificate, application and the required fee to be delivered to the secured
10party.
SB77, s. 4053
11Section
4053. 342.23 (2) (a) of the statutes is amended to read:
SB77,1626,1712
342.23
(2) (a) An owner
or person in possession of the owner's certificate of title,
13as shown by the records of the department, shall promptly deliver the
owner's 14certificate of title to any secured party who is named on it or who has a security
15interest in the vehicle described in it under any other applicable prior law of this
16state, upon receipt of a notice from such secured party that the security interest is
17to be assigned, extended or perfected.
SB77, s. 4054
18Section
4054. 342.30 (1) of the statutes is renumbered 342.30 (1g).
SB77, s. 4055
19Section
4055. 342.30 (1c) of the statutes is created to read:
SB77,1626,2120
342.30
(1c) In this section, "owner" includes the lessee of a vehicle if the vehicle
21is registered, or required to be registered, by the lessee under ch. 341.
SB77, s. 4056
22Section
4056. 342.30 (3) (a) of the statutes is amended to read:
SB77,1626,2423
342.30
(3) (a) Any person who violates sub.
(1) (1g) may be fined not more than
24$5,000 or imprisoned for not more than 5 years or both.
SB77, s. 4057
1Section
4057. 342.30 (3) (a) of the statutes, as affected by 1997 Wisconsin Act
2.... (this act), is repealed and recreated to read:
SB77,1627,43
342.30
(3) (a) Any person who violates sub. (1g) may be fined not more than
4$5,000 or imprisoned for not more than 7 years and 6 months or both.
SB77, s. 4058
5Section
4058. 342.30 (4) (a) of the statutes is amended to read:
SB77,1627,146
342.30
(4) (a) If a law enforcement agency finds a vehicle or part of a vehicle
7on which the identification number has been removed, altered or obliterated or made
8impossible to read, the law enforcement agency may seize the vehicle or part of a
9vehicle. If the identification number cannot be identified, the seized vehicle or
10vehicle part is presumed to be contraband. If the identification number can be
11identified, the agency may return the vehicle to the
registered owner. Except as
12provided in par. (b), the district attorney shall institute forfeiture proceedings under
13s. 973.076 regarding any vehicle or vehicle part that is seized under this paragraph
14and not returned to the owner.
SB77, s. 4059
15Section
4059. 342.32 (3) of the statutes is amended to read:
SB77,1627,1716
342.32
(3) Whoever violates sub. (1) or (2) may be fined not more than $5,000
17or imprisoned for not more than
5 7 years
and 6 months, or both, for each violation.
SB77, s. 4060
18Section
4060. 342.40 (1) of the statutes is renumbered 342.40 (1m).
SB77, s. 4061
19Section
4061. 342.40 (1c) of the statutes is created to read:
SB77,1627,2120
342.40
(1c) In this section, "owner" includes the lessee of a vehicle if the vehicle
21is registered, or required to be registered, by the lessee under ch. 341.
SB77, s. 4062
22Section
4062. 343.06 (1) (c) of the statutes is amended to read:
SB77,1628,2123
343.06
(1) (c) To any person under age 18 unless the person is enrolled in a
24school program or high school equivalency program and is not a habitual truant as
25defined in s. 118.16 (1) (a), has graduated from high school or been granted a
1declaration of high school graduation equivalency or is enrolled in a home-based
2private educational program, as defined in s. 115.001 (3g), and has satisfactorily
3completed a course in driver education in public schools approved by the department
4of
education public instruction, or in technical colleges approved by the technical
5college system board, or in nonpublic and private schools which meet the minimum
6standards set by the department of
education public instruction, or has satisfactorily
7completed a substantially equivalent course in driver training approved by the
8department and given by a school licensed by the department under s. 343.61, or has
9satisfactorily completed a substantially equivalent course in driver education or
10training approved by another state and has attained the age of 16, except as provided
11in s. 343.07 (1). The department shall not issue a license to any person under the age
12of 18 authorizing the operation of "Class M" vehicles unless the person has
13successfully completed a basic rider course approved by the department. The
14department may, by rule, exempt certain persons from the basic rider course
15requirement of this paragraph. Applicants for a license under s. 343.08 or 343.135
16are exempt from the driver education, basic rider or driver training course
17requirement. The secretary shall prescribe rules for licensing of schools and
18instructors to qualify under this paragraph. The driver education course shall be
19made available to every eligible student in the state. Except as provided under s.
20343.16 (1) (c) and (2) (cm) to (e), no operator's license may be issued unless a driver's
21examination has been administered by the department.
SB77, s. 4063
22Section
4063. 343.06 (1) (c) of the statutes, as affected by 1997 Wisconsin Act
23.... (this act), is repealed and recreated to read:
SB77,1629,2224
343.06
(1) (c) To any person under age 18 unless the person is enrolled in a
25school program or high school equivalency program and is not a habitual truant as
1defined in s. 118.16 (1) (a), has graduated from high school or been granted a
2declaration of high school graduation equivalency or is enrolled in a home-based
3private educational program, as defined in s. 115.001 (3g), and has satisfactorily
4completed a course in driver education in public schools approved by the department
5of public instruction, or in technical colleges approved by the technical college system
6board, or in nonpublic and private schools which meet the minimum standards set
7by the department of public instruction, or has satisfactorily completed a
8substantially equivalent course in driver training approved by the department and
9given by a school licensed by the department under s. 343.61, or has satisfactorily
10completed a substantially equivalent course in driver education or training approved
11by another state and has attained the age of 16, except as provided in s. 343.07 (1).
12The department shall not issue a license to any person under the age of 18
13authorizing the operation of "Class M" vehicles unless the person has successfully
14completed a basic rider course approved by the department. The department may,
15by rule, exempt certain persons from the basic rider course requirement of this
16paragraph. Applicants for a license under s. 343.08 or 343.135 are exempt from the
17driver education, basic rider or driver training course requirement. The secretary
18shall prescribe rules for licensing of schools and instructors to qualify under this
19paragraph. The driver education course shall be made available to every eligible
20student in the state. Except as provided under s. 343.16 (1) (c) and (2) (cm) to (f), no
21operator's license may be issued unless a driver's examination has been
22administered by the department.
SB77, s. 4064
23Section
4064. 343.06 (1) (i) of the statutes is amended to read:
SB77,1630,1124
343.06
(1) (i) To any person who has been convicted of any offense specified
25under ss. 940.225, 948.02, 948.025 and 948.07 or adjudged delinquent under ch. 938
1for a like or similar offense, when the sentencing court makes a finding that issuance
2of a license will be inimical to the public safety and welfare. The prohibition against
3issuance of a license to the offenders shall apply immediately upon receipt of a record
4of the conviction and the court finding by the secretary, for a period of one year or
5until discharge from any jail or prison sentence or any period of probation
,
6community supervision or parole with respect to the offenses specified, whichever
7date is the later. Receipt by the offender of a certificate of discharge from the
8department of corrections or other responsible supervising agency, after one year has
9elapsed since the prohibition began, entitles the holder to apply for an operator's
10license. The applicant may be required to present the certificate of discharge to the
11secretary if the latter deems it necessary.
SB77, s. 4065
12Section
4065. 343.06 (1) (j) of the statutes is amended to read:
SB77,1630,1513
343.06
(1) (j) To any person applying for his or her first license or identification
14card or for a reinstated license in this state unless the person has submitted
15satisfactory proof of his or her name and date
and place of birth.
SB77, s. 4066
16Section
4066. 343.07 (5) of the statutes is amended to read:
SB77,1630,2217
343.07
(5) Definition. In this section, "qualified instructor" means a person
18employed by a public or private school, holding an operator's license and meeting the
19teaching certification standards of the department of
education public instruction or
20the technical college system board to teach driver education, or an instructor of a
21school licensed under s. 343.61, or a teacher or student teacher in a driver education
22course for teachers conducted by an institution of higher education.
SB77, s. 4067
23Section
4067. 343.14 (2j) of the statutes is created to read:
SB77,1631,3
1343.14
(2j) (a) The department shall deny an application for the issuance or
2renewal of a license if the applicant has not included his or her social security number
3in the application.
SB77,1631,74
(b) Except as otherwise required to administer and enforce this chapter, the
5department may not disclose a social security number obtained from an applicant for
6a license under sub. (2) (b) to any person except to the department of industry, labor
7and job development for purposes of administering s. 49.22.
SB77, s. 4068
8Section
4068. 343.14 (3) (a) of the statutes is amended to read:
SB77,1631,179
343.14
(3) (a) The department shall, as part of the application process, take a
10photograph of the applicant to comply with s. 343.17 (3) (a) 2. Except where
11specifically exempted by statute or by rule of the department, no application may be
12processed without the photograph being taken. In the case of renewal licenses, the
13photograph shall be taken once every
4 6 years, and shall coincide with the
14appearance for examination which is required under s. 343.16 (3). The department
15may make provision for issuance of a license without a photograph if the applicant
16is stationed outside the state in military service and in specific situations where the
17department deems such action appropriate.
SB77, s. 4069
18Section
4069. 343.14 (3) (b) of the statutes is amended to read:
SB77,1631,2319
343.14
(3) (b) Any photograph taken of an applicant under par. (a) or s. 343.50
20(4) may be maintained by the department and shall be kept confidential. The
21department may release a photograph only to the person whose photograph was
22taken
or, if requested under s. 49.22 (2m), to the department of industry, labor and
23job development.
SB77, s. 4070
24Section
4070. 343.14 (4) of the statutes is repealed.
SB77, s. 4071
25Section
4071. 343.16 (1) (a) of the statutes is amended to read:
SB77,1633,2
1343.16
(1) (a)
General. The department shall examine every applicant for an
2operator's license, including applicants for license renewal as provided in sub. (3),
3and every applicant for authorization to operate a vehicle class or type for which the
4applicant does not hold currently valid authorization, other than an instruction
5permit. Except as provided in sub. (2) (cm)
and (e)
to (f), the examinations of
6applicants for licenses authorizing operation of "Class A", "Class B", "Class C",
7"Class D" or "Class M" vehicles shall include both a knowledge test and an actual
8demonstration in the form of a driving skills test of the applicant's ability to exercise
9ordinary and reasonable control in the operation of a representative vehicle. The
10department shall not administer a driving skills test to a person applying for
11authorization to operate "Class M" vehicles who has failed 2 previous such skills
12tests unless the person has successfully completed a rider course approved by the
13department. The department may, by rule, exempt certain persons from the rider
14course requirement of this paragraph. The driving skills of applicants for
15endorsements authorizing the operation of commercial motor vehicles equipped with
16air brakes, the transportation of passengers in commercial motor vehicles or the
17operation of school buses, as provided in s. 343.04 (2) (b), (d) or (e), shall also be tested
18by an actual demonstration of driving skills. The department may endorse an
19applicant's commercial driver license for transporting hazardous materials, or the
20operation of tank vehicles or vehicles towing double or triple trailers, as described
21in s. 343.04 (2) (a), (c) or (f), based on successful completion of a knowledge test. In
22administering the knowledge test, the department shall attempt to accommodate
23any special needs of the applicant. Except as may be required by the department for
24an "H" or "S" endorsement, the knowledge test is not intended to be a test for literacy
1or English language proficiency. This paragraph does not prohibit the department
2from requiring an applicant to correctly read and understand highway signs.
SB77, s. 4072
3Section
4072. 343.16 (1) (b) (intro.) of the statutes is amended to read:
SB77,1633,134
343.16
(1) (b)
Third-party testing. (intro.) The department may contract with
5a person, including an agency or department of this state or its political subdivisions
6or another state, or a private employer of commercial motor vehicle drivers, to
7administer
driving skills tests required by par. (a) for authorization to operate "Class
8D" vehicles, commercial motor vehicle skills tests required by
49 CFR 383.110 to
9383.135, examinations required to be administered under s. 343.12 (2) (h) and
10abbreviated driving skills tests required by sub. (3) (b). The department may not
11enter into such testing contracts with a private driver training school or other private
12institution. A contract with a 3rd-party tester shall include all of the following
13provisions:
SB77, s. 4073
14Section
4073. 343.16 (1) (b) 3. (intro.) of the statutes is amended to read:
SB77,1633,2015
343.16
(1) (b) 3. (intro.) At least annually, the department shall conduct an
16on-site inspection of the 3rd-party tester to determine compliance with the contract
17and with department and federal standards for testing applicants for commercial
18driver licenses and with department standards for testing applicants for
regular
19licenses and school bus endorsements. At least annually, the department shall also
20evaluate testing given by the 3rd-party by one of the following means:
SB77, s. 4074
21Section
4074. 343.16 (1) (b) 4. of the statutes is amended to read: