LRB-4782/1
KRP:skw
2023 - 2024 LEGISLATURE
November 7, 2023 - Introduced by Senators Felzkowski, Ballweg, Nass and
Taylor, cosponsored by Representatives Duchow,
Armstrong, Behnke,
Dittrich, Emerson, Kitchens, Magnafici, Murphy, Mursau, O'Connor,
Ortiz-Velez, Rodriguez and Wichgers. Referred to Committee on
Transportation and Local Government.
SB629,1,2
1An Act to amend 342.15 (3); and
to create 895.491 of the statutes;
relating to:
2a liability exemption for motor vehicle sellers after sale.
Analysis by the Legislative Reference Bureau
Under this bill, a seller of a motor vehicle who holds legal title to the motor
vehicle and has transferred possession of the motor vehicle to a buyer is immune
from civil and criminal liability and is not responsible for local ordinance violations
committed involving the motor vehicle after the seller has signed the motor vehicle
title and given it to the buyer. The bill also applies the immunity to a circumstance
in which the buyer and seller intend for ownership of the motor vehicle to be
transferred to the buyer, even when certain formalities of the transfer of ownership
have not occurred. The immunity provided under the bill does not apply if death or
injury was caused by the seller's willful or wanton acts or omissions. The immunity
under the bill also does not apply to motor vehicle or wholesale dealers.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB629,1
3Section
1. 342.15 (3) of the statutes is amended to read:
SB629,2,44
342.15
(3) Except as provided in s. 342.16 and as between the parties, a transfer
5by an owner is not effective until the provisions of this section have been complied
1with. An owner who has delivered possession of the vehicle to the transferee and has
2complied with the provisions of this section is not liable as owner for any damages
3thereafter resulting from operation of the vehicle.
Nothing in this section limits the
4immunity from liability described under s. 895.491.
SB629,2
5Section
2. 895.491 of the statutes is created to read:
SB629,2,6
6895.491 Liability exemption; vehicle seller after sale. (1) In this section:
SB629,2,77
(a) “Motor vehicle” has the meaning given in s. 340.01 (35).
SB629,2,88
(b) “Motor vehicle dealer” has the meaning given in s. 218.0101 (23) (a) 2.
SB629,2,99
(c) “Seller” does not include a motor vehicle dealer or wholesale dealer.
SB629,2,1010
(d) “Wholesale dealer” has the meaning given in s. 218.0101 (38).
SB629,2,15
11(2) Except as provided under sub. (3), a seller of a motor vehicle who holds legal
12title to the motor vehicle and who has transferred possession of the motor vehicle to
13a buyer is immune from civil and criminal liability and is not responsible for local
14ordinance violations committed involving the motor vehicle under any of the
15following circumstances:
SB629,2,1616
(a) The seller has signed the motor vehicle title and given the title to the buyer.
SB629,2,1817
(b) Regardless of whether full compliance with s. 342.15 has been attained, the
18buyer and seller intend to transfer ownership of the motor vehicle to the buyer.
SB629,2,20
19(3) Immunity under this section does not apply if death or injury was caused
20by willful or wanton acts or omissions by the seller.
