ARG:jd:jf
2003 - 2004 LEGISLATURE
January 14, 2004 - Introduced by Senators Leibham and Breske, cosponsored by
Representatives Ainsworth, Albers, Gunderson, Hahn, Hines, Krawczyk,
Ladwig, M. Lehman, LeMahieu, Ott, Owens, Seratti and Townsend. Referred
to Committee on Transportation and Information Infrastructure.
SB393,1,3
1An Act to amend 342.09 (2) (intro.) and 342.15 (3); and
to create 342.40 (3) (f)
2of the statutes;
relating to: transfers of ownership of vehicles and the costs of
3removing, impounding, and disposing of abandoned vehicles.
Analysis by the Legislative Reference Bureau
Current law requires the owner of a vehicle (owner), when transferring an
interest in the vehicle, to record certain information on the vehicle's certificate of title
and deliver the certificate of title to the person taking the interest in the vehicle
(buyer). Upon receiving the certificate of title, the buyer must promptly complete an
application for a new certificate of title and submit the application and the old
certificate of title to the Department of Transportation (DOT). DOT then updates its
records to show the new owner and issues a new certificate of title for the vehicle.
Except as between the parties, a transfer is not effective until all requirements of the
owner and buyer have been satisfied.
This bill provides that a transfer of a vehicle is effective, regardless of whether
the buyer satisfies his or her obligations, if the owner satisfies his or her obligations
and also notifies DOT of the transfer by submitting to DOT a completed notice of
transfer form prescribed by DOT. The bill further requires DOT to keep records of
notices of transfer received from owners.
Current law prohibits any person from abandoning a vehicle on a highway or
on public or private property and subjects abandoned vehicles to, among other
things, removal and impoundment. Any municipality or county may enact an
ordinance related to abandoned vehicles. Upon discovery of an abandoned vehicle
on a highway or public or private property, a law enforcement officer must cause the
vehicle to be removed to a suitable place of impoundment. Except for a stolen vehicle,
the vehicle owner is responsible for payment of all costs of removing, impounding,
and disposing of an abandoned vehicle. Specified notice must be provided to the
vehicle owner and lienholders related to impoundment and disposal of a vehicle.
This bill specifies that, for purposes of responsibility for the costs of, and notice
related to, the removal, impoundment, or disposal of a vehicle, an "owner" includes
the buyer of a vehicle regardless of whether the buyer has satisfied his or her
obligation to apply for a new certificate of title and the transferor of the vehicle if the
transferor has not submitted to DOT the notice of transfer form specified above and
the buyer has not applied for a new certificate of title.
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:
SB393, s. 1
1Section
1. 342.09 (2) (intro.) of the statutes is amended to read:
SB393,2,42
342.09
(2) (intro.) The department shall maintain a record of all applications
3and, all certificates of title issued by it
, and all notices of transfer received by it under
4s. 342.15 (3):
SB393, s. 2
5Section
2. 342.15 (3) of the statutes is amended to read:
SB393,3,26
342.15
(3) Except as provided in
s.
ss. 342.16
and 342.40 (3) (b) and as between
7the parties, a transfer by an owner is not effective until the provisions of
this section 8subs. (1), (2), and (4) have been complied with
. An or, unless the vehicle is a junk
9vehicle or has been junked, until the owner has complied with the provisions of subs.
10(1) and (4) and has mailed or delivered to the department a notice of transfer on a
11form prescribed by the department, which shall include the name and address of the
12transferee, if the notice is delivered to the department or deposited in the mail
13properly addressed to the department with postage prepaid within 7 business days
14of delivery of the vehicle to the transferee. Subject to s. 342.40 (3) (b), an owner who
15has delivered possession of the vehicle to the transferee and has complied with the
1provisions of
this section subs. (1) and (4) is not liable as owner for any damages
2thereafter resulting from operation of the vehicle.
SB393, s. 3
3Section
3. 342.40 (3) (f) of the statutes is created to read:
SB393,3,94
342.40
(3) (f) In this subsection, "owner" includes any transferor of a vehicle
5required to comply with the provisions of s. 342.15 (1) and (4) who has not mailed or
6delivered to the department the notice of transfer specified under s. 342.15 (3), unless
7the transferee has complied with all requirements of s. 342.15 (2), and any transferee
8regardless of whether the transferee has complied with the requirements under s.
9342.15 (2).
SB393,3,1211
(1) This act first applies to transfers of vehicles occurring on the effective date
12of this subsection.
SB393,3,1514
(1) This act takes effect on the first day of the 4th month beginning after
15publication.