Amendment CA1-ASA1-AB133

AB133-ASA1-CA1, s. 2734hgj Section 2734hgj. 342.16 (1) (a) of the statutes is amended to read:

AB133-ASA1-CA1,628,15 342.16 (1) (a) Except as provided in par. (c), if a dealer acquires a new or used vehicle that is not a salvage vehicle and holds it for resale, or acquires a salvage vehicle that is currently titled as a salvage vehicle and holds it for resale or accepts a vehicle for sale on consignment, the dealer may not submit to the department the certificate of title or application for certificate of title naming the dealer as owner of the vehicle. Upon transferring the vehicle to another person, the dealer shall immediately give the transferee on a form prescribed by the department a receipt for all title, registration, security interest and sales tax moneys paid to the dealer for transmittal to the department when required. The dealer shall promptly execute the assignment and warranty of title, showing the name and address of the transferee and of any secured party holding a security interest created or reserved at the time of the resale or sale on consignment, in the spaces provided therefor on the certificate or as the department prescribes. Within 7 business days following the sale or transfer, the dealer shall mail or deliver the certificate or application for certificate to the department with the transferee's application for a new certificate. A nonresident who purchases a motor vehicle from a dealer in this state may not, unless otherwise authorized by rule of the department, apply for a certificate of title issued for the vehicle in this state unless the dealer determines that a title is necessary to protect the interests of a secured party. The dealer is responsible for determining whether a title and perfection of security interest is required. The dealer is liable for any damages incurred by the department or any secured party for the dealer's failure to perfect a security interest which the dealer had knowledge of at the time of sale.

AB133-ASA1-CA1, s. 2734hgm Section 2734hgm. 342.16 (1) (c) of the statutes is amended to read:

AB133-ASA1-CA1,629,2 342.16 (1) (c) Except when all available spaces for a dealer's or wholesaler's reassignment on a certificate of title have been completed or as otherwise authorized by rules of the department, a dealer or wholesaler who acquires a new or used vehicle that is not a salvage vehicle and holds it for resale, or acquires a salvage vehicle that is currently titled as a salvage vehicle and holds it for resale or accepts a vehicle for sale on consignment may not apply for a certificate of title naming the dealer or wholesaler as owner of the vehicle. The rules may regulate the frequency of application by a dealer or wholesaler for transfer of registration or credits for registration from a previously registered vehicle to another vehicle that the dealer or wholesaler intends to register in his or her own name.

AB133-ASA1-CA1, s. 2734hgo Section 2734hgo. 342.16 (1) (d) of the statutes is amended to read:

AB133-ASA1-CA1,629,10 342.16 (1) (d) Unless exempted by rule of the department, a dealer or wholesaler who acquires a new or used vehicle that is not a salvage vehicle and holds it for resale or acquires a salvage vehicle currently titled as a salvage vehicle and holds it for resale shall make application for a certificate of title naming the dealer or wholesaler as owner of the vehicle when all of the available spaces for a dealer's or wholesaler's reassignment on the certificate of title for such vehicle have been completed.".

AB133-ASA1-CA1,629,11 1439. Page 1343, line 6: after that line insert:

AB133-ASA1-CA1,629,12 " Section 2734qd. 343.06 (1) (cm) of the statutes is created to read:

AB133-ASA1-CA1,629,24 343.06 (1) (cm) To operate "Class D" vehicles to any person under 18 years of age, unless the person has accumulated at least 30 hours of behind-the-wheel driving experience, at least 10 hours of which were during hours of darkness. Each hour of behind-the-wheel driving experience while accompanied by a qualified instructor, as defined in s. 343.07 (5), shall be considered to be 2 hours of behind-the-wheel driving experience, except that no more than 5 hours of behind-the-wheel driving experience while accompanied by a qualified instructor may be counted in this manner. This paragraph does not apply to applicants for a restricted license under s. 343.08 or a special restricted operator's license under s. 343.135. The department may promulgate rules that waive the requirement of accumulating at least 30 hours of behind-the-wheel experience for qualified applicants who are licensed by another jurisdiction to operate "Class D" vehicles.

AB133-ASA1-CA1, s. 2734qf Section 2734qf. 343.07 (1) (a) and (b) of the statutes are consolidated, renumbered 343.07 (1) (a) (intro.) and amended to read:

AB133-ASA1-CA1,630,9 343.07 (1) (a) (intro.) If the permittee is at least 16 years of age, the permittee shall not Except as provided in this subsection, no permittee may operate a motor vehicle unless accompanied by a qualified instructor, or a licensed person with who has at least 2 years of licensed driving experience, who presently holds a valid regular license, occupying as defined in s. 343.03 (3) (a), who occupies the seat beside the permittee. No other passengers are allowed in the vehicle except as provided in par. (c) or (cm). (b) and who is one of the following:

AB133-ASA1-CA1,630,14 1. A permittee under the age of 16 is restricted to operation of a motor vehicle only while accompanied by a qualified instructor, the who is 19 years of age or older. If the motor vehicle is equipped with dual controls, up to 3 other persons, in addition to the qualified instructor, may occupy seats in the motor vehicle other than the front seat.

AB133-ASA1-CA1,630,18 2. The permittee's parent or, guardian who meets the other qualifications of par. (a) or a licensed or spouse who is 19 years of age or older. In addition to the parent, guardian or spouse, the permittee's immediate family members may occupy seats in the motor vehicle other than the front seat.

AB133-ASA1-CA1,630,24 3. A person who is 21 years of age or older who meets the other qualifications of par. (a) and who has. If the permittee is under 18 years of age, this subdivision applies only if the licensed person has been designated in writing to accompany the permittee by the permittee's parent or guardian prior to operation of the vehicle by the permittee. Upon reaching the age of 16, the permittee gains the privilege of any other permittee.

AB133-ASA1-CA1, s. 2734qh Section 2734qh. 343.07 (1) (bm) of the statutes is created to read:

AB133-ASA1-CA1,631,2 343.07 (1) (bm) Except as provided in par. (a), no permittee may operate a motor vehicle upon a highway in this state whenever any person is in the motor vehicle.

AB133-ASA1-CA1, s. 2734qp Section 2734qp. 343.07 (1) (c) of the statutes is repealed.

AB133-ASA1-CA1, s. 2734qt Section 2734qt. 343.07 (3) of the statutes is amended to read:

AB133-ASA1-CA1,631,10 343.07 (3) Duration; cancellation. An instruction permit shall be to operate vehicles other than commercial motor vehicles or school buses is valid for 6 12 months except that it may be canceled upon receipt of information, by the secretary, of noncompletion or unsatisfactory completion of a driver education and training course by a permittee under the age of 18. An instruction permit to operate commercial motor vehicles or school buses is valid for 6 months.

AB133-ASA1-CA1, s. 2734rd Section 2734rd. 343.085 (1) of the statutes is renumbered 343.085 (1) (a) and amended to read:

AB133-ASA1-CA1,631,16 343.085 (1) (a) Except as provided in par. (b) and sub. (2), the department shall issue a probationary license to all applicants for an original license. The probationary license shall remain in effect during the entire period of the first issuance of the original license as provided in s. 343.20 (1) (a).

AB133-ASA1-CA1, s. 2734rh Section 2734rh. 343.085 (1) (b) of the statutes is created to read:

AB133-ASA1-CA1,631,25 343.085 (1) (b) The department may not issue a probationary license to operate "Class D" vehicles under this section to an applicant who is under 18 years of age unless the applicant has held an instruction permit issued under s. 343.07 for not less than 6 months and, during the 6-month period immediately preceding application, has not committed a moving violation, specified by the department by rule, resulting in a conviction. The department may promulgate rules to waive the requirement of holding an instruction permit for not less than 6 months for qualified applicants who are licensed by another jurisdiction to operate "Class D" vehicles.

AB133-ASA1-CA1, s. 2734rp Section 2734rp. 343.085 (2m) of the statutes is created to read:

AB133-ASA1-CA1,632,4 343.085 (2m) (a) Except as provided in this subsection, during the 9-month period after issuance of a probationary license under this section, no licensee under 18 years of age may operate a "Class D" vehicle upon a highway in this state:

AB133-ASA1-CA1,632,6 1. If, in addition to the licensee, the vehicle is occupied by any person other than the following:

AB133-ASA1-CA1,632,7 a. Any number of members of the licensee's immediate family.

AB133-ASA1-CA1,632,8 b. A person who meets the requirements under s. 343.07 (1) (a).

AB133-ASA1-CA1,632,9 c. Not more than one other person not described in subd. 1. a. and b.

AB133-ASA1-CA1,632,13 2. Between the hours of 12 midnight and 5 a.m., unless the licensee's parent or guardian, or a person who meets the requirements under s. 343.07 (1) (a), occupies the seat beside the licensee, or unless the licensee is traveling between his or her place of residence, school or place of employment.

AB133-ASA1-CA1,632,15 (am) 1. Paragraph (a) does not apply to any licensee to whom all of the following apply:

AB133-ASA1-CA1,632,17 a. The licensee is operating the motor vehicle in the service of an organized program that, without compensation, transports teenagers to their homes.

AB133-ASA1-CA1,632,21 b. The licensee possesses documentation that identifies the program and the licensee and that authorizes the licensee to operate a motor vehicle in service of the program on the date and time of the operation. The documentation is valid only if signed by a person who is at least 25 years of age and associated with the program.

AB133-ASA1-CA1,632,25 c. The licensee is accompanied by another licensee, other than a teenager who is being transported, who is in the motor vehicle in the service of the program described in subd. 1. a. and who possesses the documentation described in subd. 1. b.

AB133-ASA1-CA1,633,2 d. The licensee is accompanied by not more than 3 passengers in the vehicle. The licensee described in subd. 1. c. shall not be counted under this subd. 1. d.

AB133-ASA1-CA1,633,7 2. Paragraph (a) does not apply to any licensee operating the motor vehicle to or from a program described in subd. 1. a., if the licensee possesses documentation described in subd. 1. b. A licensee described in this subdivision may be accompanied by any number of persons also traveling to or from a program described in subd. 1. a.

AB133-ASA1-CA1,633,9 (ar) Paragraph (a) does not apply to any licensee operating a motor vehicle for emergency purposes.

AB133-ASA1-CA1,633,13 (b) 1. The department shall extend the restrictions under par. (a) for an additional 6-month period or until the licensee's 18th birthday, whichever occurs earlier, if any of the following occurs while the licensee is subject to the restrictions under par. (a):

AB133-ASA1-CA1,633,15 a. The licensee commits a moving violation specified by the department by rule, resulting in a conviction of the licensee.

AB133-ASA1-CA1,633,16 b. The licensee violates par. (a).

AB133-ASA1-CA1,633,18 c. A court or the department suspends or revokes the licensee's operating privilege for any reason other than a mental or physical disability.

AB133-ASA1-CA1,633,21 2. If the department extends a restriction period under subd. 1., the department shall immediately provide notice of the extension by 1st class mail to the person's last-known residence address.

AB133-ASA1-CA1,633,23 (c) A period of restriction under this subsection does not run while a person's operating privilege is suspended or revoked.

AB133-ASA1-CA1,633,25 (d) The restrictions under this subsection apply until the period of restriction expires or until the licensee reaches 18 years of age, whichever occurs first.

AB133-ASA1-CA1,634,4 (e) Nothing in this subsection may be construed to create a separate cause of action against the parent or guardian of a probationary licensee under this subsection or against the owner of any vehicle operated by a probationary licensee under this section.

AB133-ASA1-CA1, s. 2734rs Section 2734rs. 343.085 (3) of the statutes is amended to read:

AB133-ASA1-CA1,634,15 343.085 (3) The secretary may suspend a person's operating privilege under this section when such person has been assigned sufficient demerit points after conviction for traffic violations to require suspension under the rule adopted under sub. (5) and either holds a license issued under this section or by age comes under this section. The secretary may revoke such a person's operating privilege under this section if such person has a previous suspension under this section. This subsection applies only to a person holding a probationary license issued before the effective date of this subsection .... [revisor inserts date]. This subsection does not apply on or after the first day of the 37th month beginning after the effective date of this subsection .... [revisor inserts date].

AB133-ASA1-CA1, s. 2734rv Section 2734rv. 343.085 (5) of the statutes is amended to read:

AB133-ASA1-CA1,635,2 343.085 (5) For the purpose of determining when to suspend or to continue a person on probationary status, the secretary may determine and adopt by rule a method of weighing traffic convictions by their seriousness and may change such weighted scale from time to time as experience or the accident frequency in the state makes necessary or desirable. Such scale may be weighted differently for this licensee than the scale used to determine revocations under s. 343.32. This subsection applies only to a person holding a probationary license issued before the effective date of this subsection .... [revisor inserts date]. This subsection does not apply on or after the first day of the 37th month beginning after the effective date of this subsection .... [revisor inserts date].

AB133-ASA1-CA1, s. 2744g Section 2744g. 343.17 (3) (a) 13. of the statutes is created to read:

AB133-ASA1-CA1,635,7 343.17 (3) (a) 13. If the person is under 18 years of age at the time of issuance of the license, a distinctive appearance specified by the department that clearly identifies to the public that the person was under 18 years of age at the time of issuance of the license.

AB133-ASA1-CA1, s. 2744m Section 2744m. 343.19 (1) of the statutes is amended to read:

AB133-ASA1-CA1,635,20 343.19 (1) If a license issued under this chapter or an identification card issued under s. 343.50 is lost or destroyed or the name or address named in the license or identification card is changed or the condition specified in s. 343.17 (3) (a) 12. or 13. no longer applies, the person to whom the license or identification card was issued may obtain a duplicate thereof or substitute therefor upon furnishing proof satisfactory to the department of name and date of birth and that the license or identification card has been lost or destroyed or that application for a duplicate license or identification card is being made for a change of address or name or because the condition specified in s. 343.17 (3) (a) 12. or 13. no longer applies. If the original license or identification card is found it shall immediately be transmitted to the department. Duplicates of nonphoto licenses shall be issued as nonphoto licenses.

AB133-ASA1-CA1, s. 2746g Section 2746g. 343.21 (1) (i) of the statutes is amended to read:

AB133-ASA1-CA1,635,23 343.21 (1) (i) Except as provided in par. (im) or (ir), for an instruction permit, $20.

AB133-ASA1-CA1, s. 2746m Section 2746m. 343.21 (1) (ir) of the statutes is created to read:

AB133-ASA1-CA1,636,2 343.21 (1) (ir) For an instruction permit authorizing the operation of "Class D" vehicles, $25.".

AB133-ASA1-CA1,636,3 1440. Page 1343, line 6: after that line insert:

AB133-ASA1-CA1,636,4 " Section 2734pu. 343.14 (2) (b) of the statutes is amended to read:

AB133-ASA1-CA1,636,6 343.14 (2) (b) The applicant's date of birth, social security number, color of eyes, color of hair, sex, height, weight and race;

AB133-ASA1-CA1, s. 2734pv Section 2734pv. 343.14 (2) (bm) and (br) of the statutes are created to read:

AB133-ASA1-CA1,636,9 343.14 (2) (bm) Except as provided in par. (br), the applicant's social security number.

AB133-ASA1-CA1,636,15 (br) If the applicant does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A license that is issued or renewed under s. 343.17 in reliance on a statement submitted under this paragraph is invalid if the statement is false.

AB133-ASA1-CA1, s. 2734pw Section 2734pw. 343.14 (2j) (a) of the statutes is amended to read:

AB133-ASA1-CA1,636,23 343.14 (2j) (a) Subject to any exceptions provided for in a memorandum of understanding entered into under s. 49.857 (2), the department shall deny an application for the issuance or renewal of a license if the applicant has not included his or her social security number in the application, or, if the applicant does not have a social security number, has not included a statement made or subscribed under oath or affirmation that the applicant does not have a social security number in the application.

AB133-ASA1-CA1, s. 2734px Section 2734px. 343.14 (2j) (b) of the statutes is amended to read:

AB133-ASA1-CA1,637,5 343.14 (2j) (b) Except as otherwise required to administer and enforce this chapter, the department of transportation may not disclose a social security number obtained from an applicant for a license under sub. (2) (b) (bm) to any person except to the department of workforce development for the sole purpose of administering s. 49.22.".

AB133-ASA1-CA1,637,6 1441. Page 1344, line 2: after that line insert:

AB133-ASA1-CA1,637,7 " Section 2747s. 343.43 (1) (f) of the statutes is amended to read:

AB133-ASA1-CA1,637,10 343.43 (1) (f) Reproduce by any means whatever a copy of a license, unless the reproduction is done pursuant to rules promulgated by the department and for a valid business or occupational purpose; or".

AB133-ASA1-CA1,637,11 1442. Page 1344, line 2: after that line insert:

AB133-ASA1-CA1,637,12 " Section 2749gg. 343.32 (2) (bc) of the statutes is created to read:

AB133-ASA1-CA1,637,17 343.32 (2) (bc) 1. Except as provided in subd. 2., the scale adopted by the secretary shall assess, for each conviction, twice the number of demerit points that are assessed for the same offense committed by the holder of a regular license, if the convicted person has been previously convicted of an offense for which demerit points are assessed and the person is one of the following:

AB133-ASA1-CA1,637,18 a. A person who holds a probationary license.

AB133-ASA1-CA1,637,19 b. An unlicensed person who would hold a probationary license if licensed.

AB133-ASA1-CA1,637,20 c. A person who holds an instruction permit under s. 343.07.

AB133-ASA1-CA1,637,22 2. The secretary may not increase under subd. 1. the number of demerit points that are assessed for a violation of ch. 347.

AB133-ASA1-CA1, s. 2749gm Section 2749gm. 343.32 (2) (c) of the statutes is renumbered 343.32 (2) (c) 1. and amended to read:

AB133-ASA1-CA1,638,3 343.32 (2) (c) 1. In Except as provided in subd. 2., in order for the secretary to suspend or revoke an operating privilege under this subsection, the operator must have accumulated 12 demerit points in any 12-month period.

AB133-ASA1-CA1, s. 2749gr Section 2749gr. 343.32 (2) (c) 2. of the statutes is created to read:

AB133-ASA1-CA1,638,8 343.32 (2) (c) 2. The secretary shall suspend, for a period of 6 months, the operating privilege of any person who holds a probationary license issued on or after the effective date of this subdivision .... [revisor inserts date], and who has accumulated 12 demerit points in any 12-month period.".

AB133-ASA1-CA1,638,9 1443. Page 1344, line 2: after that line insert:

AB133-ASA1-CA1,638,10 " Section 2747m. 343.305 (6) (e) 2. a. of the statutes is amended to read:

AB133-ASA1-CA1,638,12 343.305 (6) (e) 2. a. In Except as provided in subd. 2. am., in the case of an individual, the individual's social security number.

AB133-ASA1-CA1, s. 2747n Section 2747n. 343.305 (6) (e) 2. am. of the statutes is created to read:

AB133-ASA1-CA1,638,19 343.305 (6) (e) 2. am. In the case of an individual who does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A permit or approval that is issued or renewed under this section in reliance on a statement submitted under this subd. 2. am. is invalid if the statement is false.

AB133-ASA1-CA1, s. 2747no Section 2747no. 343.305 (6) (e) 3. a. of the statutes is amended to read:

AB133-ASA1-CA1,638,23 343.305 (6) (e) 3. a. The licensor shall deny an application for the issuance or, if applicable, renewal of a permit or laboratory approval if the information required under subd. 2. a., am. or b. is not included in the application.".

AB133-ASA1-CA1,638,24 1444. Page 1344, line 13: after that line insert: