(End)
LRB-1394LRB-1394/1
PJH:lmk:ch
2005 - 2006 LEGISLATURE
DOA:......Percy, BB0334 - Electronic Processing of Motor Vehicle Title Applications
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Transportation
Drivers and Motor Vehicles
Any person who obtains a vehicle must obtain a certificate of title for that vehicle from DOT. If a person obtains a vehicle from a motor vehicle dealer, the dealer prepares the application for certificate of title for the person, collects the required application fees, and submits the application to DOT within seven business days of the sale of the vehicle. Currently, some motor vehicle dealers participate in a voluntary program wherein the dealers process the applications for certificate of title electronically.
Under this bill, all motor vehicle dealers must process the applications for certificate of title electronically. A dealer who fails to do so may have its license revoked or suspended by DOT.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 218.0116 (1) (gr) of the statutes is created to read:
218.0116 (1) (gr) Being a dealer who violates s. 218.0146 (4).
SECTION 2. 218.0146 (4) of the statutes is created to read:
218.0146 (4) A motor vehicle dealer who is required to submit to the department an application for transfer of title and registration under s. 342.16 (1) (a) shall comply with the requirements of s. 342.16 (1) (am).
SECTION 3. 341.09 (2m) (a) 1., 2. and 3. and (d) of the statutes are amended to read:
341.09 (2m) (a) 1. Upon request by a dealer licensed in this state, the department may issue any number of temporary operation plates and temporary permits to a dealer under sub. (2) at a fee of $3 per plate item. The dealer may issue the temporary operation plate or permit at a fee of $3 to any of the following:
2. Notwithstanding subd. 1., the department shall issue a sufficient number of temporary operation plates and temporary permits without charge to each dealer licensed in this state for issuance under this subdivision. Each dealer shall issue a temporary operation plate or a temporary permit without charge to any state resident who purchases or leases from the dealer an automobile or motor truck having a registered weight of 8,000 pounds or less, for use on such vehicle if the state resident submits to the dealer a complete application for registration of the vehicle, including evidence of inspection under s. 110.20 when required, and for a new certificate of title for a purchased vehicle, together with a check or money order made payable to the department for all applicable title, registration, security interest and sales tax moneys, for transmittal to the department by the dealer.
3. The department shall prescribe the manner in which a dealer shall keep records of temporary operation plates and temporary permits issued by the dealer.
(d) If the department determines that a dealer has misused plates or permits issued under this subsection or sub. (4) or has failed to comply with the requirements of this section or rules issued under this section, the department may order the dealer to return all temporary operation plates and permits in the dealer's possession. Within 30 days after the issuance of the order, the dealer may request a hearing before the division of hearings and appeals. The division of hearings and appeals shall schedule a hearing with reasonable promptness. The dealer may not issue any temporary operation plates or permits until after the division of hearings and appeals holds its scheduled hearing and issues its findings.
SECTION 4. 341.09 (9) of the statutes is amended to read:
341.09 (9) Notwithstanding any other provision of this section, the department shall issue a temporary operation plate or a temporary permit without charge for an automobile or motor truck having a registered weight of 8,000 pounds or less upon receipt of a complete application accompanied by the required fee for registration of the vehicle, including evidence of any inspection under s. 110.20 when required, if the department does not immediately issue the regular registration plates for the vehicle and the department determines that the applicant has not otherwise been issued a temporary operation plate or a temporary permit under this section.
SECTION 5. 342.16 (1) (a) of the statutes is amended to read:
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.
SECTION 6. 342.16 (1) (am) of the statutes is created to read:
342.16 (1) (am) 1. Except as provided in subd. 2., a motor vehicle dealer, as defined in s. 218.0101 (23), who processes an application for transfer of title and registration as provided in par. (a) shall utilize an electronic process prescribed by the department under this paragraph or provided for under ss. 341.20 and 341.21. The dealer may charge a reasonable fee for electronic processing under this paragraph.
2. The department may, by rule, exempt a motor vehicle dealer from the requirements of this paragraph. A motor vehicle dealer who is exempted shall pay a fee to the department to process applications for transfer of title and registration that are submitted to the department by the exempted dealer.
3. The department shall promulgate rules to implement and administer this paragraph.
SECTION 9148. Nonstatutory provisions; transportation.
(1) ELECTRONIC PROCESSING OF TITLE AND REGISTRATION APPLICATIONS. The department of transportation may, prior to June 30, 2007, require certain motor vehicle dealers to electronically process all applications for motor vehicle title and registration submitted under section 342.16 (1) (a) of the statutes.
SECTION 9448. Effective dates; transportation.
(1) ELECTRONIC PROCESSING OF TITLE AND REGISTRATION APPLICATIONS. The treatment of sections 341.09 (2m) (a) 1., 2., 3. and (d), 341.09 (9), and 342.16 (1) (a) of the statutes and the creation of sections 218.0116 (1) (gr), 218.0146 (4), and 342.16 (1) (am) of the statutes take effect on June 30, 2007.
(End)
LRB-1400LRB-1400/1
ARG:jld:rs
2005 - 2006 LEGISLATURE
DOA:......Percy, BB0332 - Automation of driver record certifications
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: self-authentication of driver records by electronic certification by the Department of Transportation.
Analysis by the Legislative Reference Bureau
Transportation
Drivers and motor vehicles
Under current law, documentary evidence offered before a court must meet certain requirements of authentication as a condition precedent to admissibility. Certain documents, including certified public records, may be self-authenticating if specified requirements are met so that extrinsic evidence of authentication is not required. A copy of an official record or report or of a document recorded or filed in a public office, including data compilations in any form, certified according to certain criteria as correct by a person authorized to do so is self-authenticating.
This bill allows driver records maintained by DOT to be certified electronically by DOT as public records qualifying for self-authentication if the electronic certification is made in a manner determined by DOT to satisfactorily support a finding that the document is what it purports to be. Accordingly, driver records may be self-authenticating by certification generated by a DOT computer system rather than a DOT employee.
For further information see the state 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:
SECTION 1. 909.02 (4) of the statutes is amended to read:
909.02 (4) CERTIFIED COPIES OF PUBLIC RECORDS. A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification, by certificate complying with sub. (1), (2) or (3) or complying with any statute or rule adopted by the supreme court, or, with respect to records maintained under s. 343.23, certified electronically in any manner determined by the department of transportation to conform with the requirements of s. 909.01.
(End)
LRB-1416LRB-1416/2
DAK:jld:rs
2005 - 2006 LEGISLATURE
DOA:......Rhodes, BB0354 - Transfer group home revolving loan fund balance
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Other health and human services
Under current law, DHFS must administer, as formerly required by federal law, a revolving fund to make two-year loans to establish programs to provide housing for groups of persons who are recovering from alcohol or other drug abuse.
This bill transfers the balance remaining in the program revenue appropriation for the loan fund to the appropriation for substance abuse prevention and treatment federal block grant aids.
For further information see the state 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:
SECTION 9221. Appropriation changes; health and family services.
(1) GROUP HOME REVOLVING LOAN FUND ELIMINATION. The unencumbered balance in the appropriation account under section 20.435 (6) (gd), 2003 stats., is transferred to the appropriation account under section 20.435 (7) (md) of the statutes.
(End)
LRB-1417LRB-1417/P4
CMH:jld&wlj:rs
2005 - 2006 LEGISLATURE
DOA:......Rhodes, BB0355 - Child abuse prevention and child mental health surcharge
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Children
This bill creates a $20 child abuse prevention and child mental health surcharge and requires a court to impose the surcharge on each misdemeanor offense or count and on each felony offense or count when it imposes a sentence or places a person on probation. Of the surcharge $6 will be transferred to the Child Abuse and Neglect Prevention Board for distribution as grants to organizations, and $14 will be transferred to DHFS for grants to counties with populations of less than 500,000 and to tribal governing bodies in the counties to promote collaborative programs that provide prevention, intervention, and treatment for alcohol and other drug abuse problems. If an inmate in a state prison or a person sentenced to a state prison has not paid the child abuse prevention and child mental health surcharge, DOC must assess and collect the amount owed from the inmate's wages or other moneys.
For further information see the state 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:
SECTION 1. 20.433 (1) (h) of the statutes is amended to read:
20.433 (1) (h) Grants to organizations; program revenues. All moneys received under s. 69.22 (1m), less the amounts appropriated under par. (g), and all moneys credited to this appropriation account from the child abuse prevention and child mental health surcharge under s. 973.044, to be used for grants to organizations under s. 48.982 (4), (6), and (7).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
****NOTE: This is reconciled s. 20.433 (1) (h). This SECTION has been affected by drafts with the following LRB numbers: LRB-1417 and LRB-1625.
SECTION 2. 20.435 (3) (gb) of the statutes is created to read:
20.435 (3) (gb) Child abuse prevention and child mental health. All moneys received from the child abuse prevention and child mental health surcharge under s. 973.044 to be used for grants as described under s. 46.481 (2m).
****NOTE: LRB-0349/5 creates s. 46.481 (2m).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 3. 46.07 of the statutes is amended to read:
46.07 Property of patients or residents. All money including wages and other property delivered to an officer or employee of any institution for the benefit of a patient or resident shall forthwith be delivered to the steward, who shall enter the same money upon the steward's books to the credit of the patient or resident. The property shall be used only under the direction and with the approval of the superintendent and for the crime victim and witness assistance surcharge under s. 973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), the child abuse prevention and child mental health surcharge under s. 973.044 (4), the deoxyribonucleic acid analysis surcharge under s. 973.046 or the benefit of the patient or resident. If the money remains uncalled for for one year after the patient's or resident's death or departure from the institution, the superintendent shall deposit the same money in the general fund. If any patient or resident leaves property, other than money, uncalled for at an institution for one year, the superintendent shall sell the property, and the proceeds shall be deposited in the general fund. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by s. 20.913 (3) (c).
SECTION 4. 301.32 (1) of the statutes is amended to read:
301.32 (1) PROPERTY DELIVERED TO warden or superintendent; credit and debit. All money and other property delivered to an employee of any state correctional institution for the benefit of a prisoner or resident shall be delivered to the warden or superintendent, who shall enter the property upon his or her accounts to the credit of the prisoner or resident. The property may be used only under the direction and with the approval of the superintendent or warden and for the crime victim and witness assistance surcharge under s. 973.045 (4), the child abuse prevention and child mental health surcharge under s. 973.044 (4), the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046 or the benefit of the prisoner or resident. If the money remains uncalled for for one year after the prisoner's or resident's death or departure from the state correctional institution, the superintendent shall deposit it in the general fund. If any prisoner or resident leaves property, other than money, uncalled for at a state correctional institution for one year, the superintendent shall sell the property and deposit the proceeds in the general fund, donate the property to a public agency or private, nonprofit organization or destroy the property. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by s. 20.913 (3) (bm).
SECTION 5. 302.12 (2) of the statutes is amended to read:
302.12 (2) Money accruing under this section remains under the control of the department, to be used for the crime victim and witness assistance surcharge under s. 973.045 (4), the child abuse prevention and child mental health surcharge under s. 973.044 (4), the deoxyribonucleic acid analysis surcharge under s. 973.046, and the benefit of the inmate or the inmate's family or dependents, under rules promulgated by the department as to time, manner and amount of disbursements.
SECTION 6. 302.13 of the statutes is amended to read:
302.13 Preservation of property an inmate brings to prison. The department shall preserve money and effects, except clothes, in the possession of an inmate when admitted to the prison and, subject to the crime victim and witness assistance surcharge under s. 973.045 (4), the child abuse prevention and child mental health surcharge under s. 973.044 (4), and the deoxyribonucleic acid analysis surcharge under s. 973.046, shall restore the money and effects to the inmate when discharged.
SECTION 7. 303.01 (8) (b) of the statutes is amended to read:
303.01 (8) (b) The department shall distribute earnings of an inmate or resident, other than an inmate or resident employed under sub. (2) (em), for the crime victim and witness assistance surcharge under s. 973.045 (4), the child abuse prevention and child mental health surcharge under s. 973.044 (4), for the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), for the deoxyribonucleic acid analysis surcharge under s. 973.046 (4) and for compliance with s. 303.06 (2) and may distribute earnings for the support of the inmate's or resident's dependents and for other obligations either acknowledged by the inmate or resident in writing or which have been reduced to judgment that may be satisfied according to law.
****NOTE: This is reconciled s. 303.01 (8) (b). This SECTION has been affected by drafts with the following LRB numbers: LRB-1417 and LRB-0252.
