LRB-3509/1
EVM:jld/eev/wlj:rs
2013 - 2014 LEGISLATURE
December 12, 2013 - Introduced by
Law Revision Committee. Referred to
Committee on Judiciary.
AB559,1,10
1An Act to repeal 110.20 (8) (am) 5., 342.20 (4) and 343.05 (1) (b);
to amend 59.07
2(2), 194.23 (1), 194.34 (1), 194.41 (1), 341.14 (6r) (b) 9. b., 341.14 (6r) (fm) 7. and
3342.20 (3);
to repeal and recreate 341.14 (6r) (f) 15m.; and
to create 341.14
4(6r) (f) 15n., 341.14 (6r) (f) 15o., 341.14 (6r) (f) 15p. and 341.14 (6r) (f) 15q. of the
5statutes;
relating to: special group plates for women veterans, vehicle title
6information provided to county registers of deeds, the issuance of more than one
7motor vehicles operator's license to a person, location of emissions inspection
8stations, and insurance registration for motor carriers operating in multiple
9jurisdictions (suggested as remedial legislation by the Department of
10Transportation).
Analysis by the Legislative Reference Bureau
Under current law, a group or organization that meets certain criteria may
apply to the Department of Transportation (DOT) for designation as an authorized
special group. If the application is approved, members of the authorized special
group may obtain special registration plates for certain vehicles, including
automobiles and motor homes, that are owned or leased by special group members.
2009 Wisconsin Act 230 established an authorized special group for women veterans.
This bill repeals the authorization of a general special group for women
veterans and establishes more specific authorized special groups for any woman
veteran of each branch of the armed services.
Under current law, a vehicle owner who creates a security interest in the vehicle
must deliver (or have the person in possession deliver) to the secured party the
vehicle's certificate of title and execute the certificate of title or other specified
documentation identifying the name and address of the secured party, unless the
secured party's name and address is already identified on the certificate of title. The
secured party must then provide the certificate of title and any such documentation
to DOT, except that, if the secured party is an entity rather than an individual and
is not exempted by DOT rule, the secured party must destroy the certificate of title
and electronically file a security interest statement with DOT. Upon receipt of the
certificate of title from an individual secured party or a security interest statement
from a secured party that is an entity, DOT must issue to the vehicle owner a new
certificate of title containing the name and address of the secured party. DOT may
issue and maintain the official certificate of title in an electronic or digital form. DOT
must also deliver to the secured party, unless the secured party is an entity, and to
the county register of deeds, memoranda evidencing the notation of the security
interest on the certificate of title. Registers of deeds may record and maintain files
of these memoranda received from DOT.
This bill eliminates the requirement that DOT provide to registers of deeds the
memoranda evidencing the notation of a security interest on a vehicle certificate of
title. The bill eliminates the specific authority for registers of deeds to record and
maintain files of these memoranda received from DOT.
Under current law, DOT may not knowingly issue more than one motor vehicle
operator's license to a person and, with limited exceptions, a person may not have
more than one operator's license, including having licenses from more than one state,
having licenses under more than one name, and having different licenses for the
operation of different types of vehicles. However, a person may hold more than one
operator's license for ten days from the date on which a license is issued.
This bill eliminates the exception allowing, for a ten-day period after issuance
of an operator's license, a person to hold more than one license.
Current law requires DOT to operate a motor vehicle emission inspection and
maintenance program (I/M program) in counties in which the air quality does not
meet certain federal standards. Under the I/M program, most motor vehicles that
are subject to emission limitations established by the Department of Natural
Resources must pass periodic emission inspections and may not be registered by
DOT unless they have passed these inspections. DOT may contract with third
parties to operate inspection stations at which emission inspections may be
performed. Under current law, no inspection station may be established within 0.5
miles of an air monitoring station that reported a violation during the period from
1976 to 1979 of the carbon monoxide primary national ambient air quality standard.
This bill eliminates that limitation on inspection station siting.
Prior to the enactment of
2007 Wisconsin Act 20, DOT was authorized to
administer a single-state insurance registration system for motor carriers with
interstate operations to register in, and pay applicable fees to, a single state with
regard to proof of motor carrier insurance. Under current law, as created in
2007
Wisconsin Act 20, DOT may participate in the unified carrier registration system,
which is a replacement for the single-state insurance registration system.
2011
Wisconsin Act 262 eliminated DOT's authority to participate in the single-state
insurance registration system.
This bill eliminates remaining statutory references to the single-state
insurance registration system.
For further information, see the Notes provided by the Law Revision
Committee of the Joint Legislative Council.
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:
Law Revision Committee prefatory note: This bill is a remedial legislation
proposal, requested by the Department of Transportation and introduced by the Law
Revision Committee under s. 13.83 (1) (c) 4. and 5., stats. After careful consideration of
the various provisions of the bill, the Law Revision Committee has determined that this
bill makes minor substantive changes in the statutes, and that these changes are
desirable as a matter of public policy.
AB559,1
1Section
1. 59.07 (2) of the statutes is amended to read:
AB559,3,52
59.07
(2) No action may be brought or maintained against a county, for
3disclosure of information that is received under
s. 342.20 (3) and maintained under
4s. 342.20 (4) or that is received under s. 30.572 (4) and maintained under s. 30.572
5(5).
Note: Deletes cross-references to reflect the changes made by Sections 13 and 14.
AB559,2
6Section
2
. 110.20 (8) (am) 5. of the statutes is repealed.
Note: Section 2 eliminates the provision under which emissions inspection
stations may not be established within 0.5 miles of an air monitoring station that reported
a violation during the period from 1976 to 1979 of the carbon monoxide primary national
ambient air quality standard.
AB559,3
7Section
3
. 194.23 (1) of the statutes is amended to read:
AB559,4,68
194.23
(1) No person may operate any motor vehicle as a common motor carrier
9unless the person first obtains a certificate and, if required under this chapter, a
10permit issued by the department, or unless the person is registered by another state
1under
a single-state or the unified carrier registration system consistent with the
2standards under
, respectively, 49 USC 14504 or 49 USC 13908 and
14504a, for the
3operation of the vehicle, except that no permit is required for the operation of a
4semitrailer. The department may issue or refuse to issue any certificate. The
5department may attach to the exercise of the privilege granted by a certificate any
6terms or conditions which are permitted under this chapter.
AB559,4
7Section
4. 194.34 (1) of the statutes is amended to read:
AB559,4,168
194.34
(1) No person may operate any motor vehicle as a contract motor carrier
9unless the person first obtains a license and, if required under this chapter, a permit
10issued by the department, or unless the person is registered by another state under
11 a single-state or the unified carrier registration system consistent with the
12standards under
, respectively, 49 USC 14504 or 49 USC 13908 and
14504a, for the
13operation of the motor vehicle, except that no permit is required for the operation of
14a semitrailer. The department may refuse to issue any license or may attach to the
15exercise of the privilege granted by a license any terms or conditions which are
16permitted under this chapter.
AB559,5
17Section
5
. 194.41 (1) of the statutes is amended to read:
AB559,5,2418
194.41
(1) No permit or vehicle registration may be issued to a common motor
19carrier of property, contract motor carrier, or rental company, no permit or vehicle
20registration may remain in force to operate any motor vehicle under the authority
21of this chapter, and no vehicle registration may be issued or remain in force for a
22semitrailer unless the carrier or rental company has on file with the department and
23in effect an approved certificate for a policy of insurance or other written contract in
24such form and containing such terms and conditions as may be approved by the
25department issued by an insurer authorized to do a surety or automobile liability
1business in this state under which the insurer assumes the liability prescribed by
2this section with respect to the operation of such motor vehicles. The certificate or
3other contract is subject to the approval of the department and shall provide that the
4insurer shall be directly liable for and shall pay all damages for injuries to or for the
5death of persons or for injuries to or destruction of property that may be recovered
6against the owner or operator of any such motor vehicles by reason of the negligent
7operation thereof in such amount as the department may require. Liability may be
8restricted so as to be inapplicable to damage claims on account of injury to or
9destruction of property transported, but the department may require, and with
10respect to a carrier transporting a building, as defined in s. 348.27 (12m) (a) 1., shall
11require, a certificate or other contract protecting the owner of the property
12transported by carriers from loss or damage in the amount and under the conditions
13as the department may require. No permit or vehicle registration may be issued to
14a common motor carrier of passengers by any motor vehicle, or other carrier of
15passengers by motor bus, except those registered in accordance with s. 341.26 (2) (a)
16and (d), and no permit or vehicle registration may remain in force to operate any
17motor vehicle unless it has on file with the department a like certificate or other
18contract in the form and containing the terms and conditions as may be approved by
19the department for the payment of damages for injuries to property and injuries to
20or for the death of persons, including passengers, in the amounts as the department
21may require. This subsection does not apply to a motor carrier that is registered by
22another state under
a single-state or the unified carrier registration system
23consistent with the standards under
, respectively, 49 USC 14504 or 49 USC 13908 24and
14504a.
Note: Sections 3 to 5 eliminate obsolete references to the single-state insurance
registration system for motor carriers with interstate operations.
AB559,6
1Section
6
. 341.14 (6r) (b) 9. b. of the statutes is amended to read:
AB559,6,62
341.14
(6r) (b) 9. b. A fee of $15 shall be charged for the issuance or reissuance
3of a plate for
the a special group specified under par. (f) 15m.
to 15q. All moneys
4received under this subd. 9. b. in excess of the initial costs of production of the special
5group plate under par. (f) 15m.
, 2011 stats., or $23,700, whichever is less, shall be
6deposited in the veterans trust fund.
AB559,7
7Section
7. 341.14 (6r) (f) 15m. of the statutes is repealed and recreated to read:
AB559,6,88
341.14
(6r) (f) 15m. Woman veteran air force.
AB559,8
9Section
8. 341.14 (6r) (f) 15n. of the statutes is created to read:
AB559,6,1010
341.14
(6r) (f) 15n. Woman veteran army.
AB559,9
11Section
9. 341.14 (6r) (f) 15o. of the statutes is created to read:
AB559,6,1212
341.14
(6r) (f) 15o. Woman veteran coast guard.
AB559,10
13Section
10. 341.14 (6r) (f) 15p. of the statutes is created to read:
AB559,6,1414
341.14
(6r) (f) 15p. Woman veteran marine corps.
AB559,11
15Section
11. 341.14 (6r) (f) 15q. of the statutes is created to read:
AB559,6,1616
341.14
(6r) (f) 15q. Woman veteran navy.
AB559,12
17Section
12
. 341.14 (6r) (fm) 7. of the statutes is amended to read:
AB559,7,218
341.14
(6r) (fm) 7. After October 1, 1998, additional authorized special groups
19may only be special groups designated by the department under this paragraph. The
20authorized special groups enumerated in par. (f) shall be limited solely to those
21special groups specified under par. (f) on October 1, 1998. This subdivision does not
22apply to the special groups specified under par. (f) 3m., 6m., 9g., 9m., 12g., 12m.,
115m.,
15n., 15o., 15p., 15q., 19m., 33m., 48m., 49d., 49h., 49s., 54., 55., 55m., 56., 57.,
258., 59., 60., 61., 61m., and 61r.
Note: Sections 6 to 12 repeal the authorization for a general special group
registration plate for women veterans and authorize the establishment of specific special
group registration plates for women veterans of each branch of the armed services.
AB559,13
3Section
13
. 342.20 (3) of the statutes is amended to read:
AB559,7,134
342.20
(3) Upon receipt of the certificate of title, application, and the required
5fee, or upon receipt of the security interest statement and required fee if the secured
6party has utilized the process specified in s. 342.245 (1), the department shall issue
7to the owner a new certificate containing the name and address of the new secured
8party. The department shall deliver to such new secured party, unless the secured
9party utilized the process specified in s. 342.245 (1),
and to the register of deeds of
10the county of the owner's residence, memoranda, in such form as the department
11prescribes, evidencing the notation of the security interest upon the certificate; and
12thereafter, upon any assignment, termination or release of the security interest,
13additional memoranda evidencing such action.
Note: Removes the requirement that the Department of Transportation deliver
memoranda evidencing a notation of a security interest upon a vehicle's certificate of title
to the register of deeds in the county of the owner's residence.
AB559,14
14Section
14
. 342.20 (4) of the statutes is repealed.
Note: Eliminates the authority for registers of deeds to record and maintain files
of memoranda evidencing a notation of a security interest upon a vehicle's certificate of
title.
AB559,15
15Section
15. 343.05 (1) (b) of the statutes is repealed.