Amendment SA1-AB69

LRBa1630/1

PJH:kjf:rs

2005 - 2006 LEGISLATURE

SENATE AMENDMENT 1, TO 2005 ASSEMBLY BILL 69

February 23, 2006 - Offered by Senators Carpenter and Plale.

AB69-SA1,1,2 At the locations indicated, amend the bill, as shown by assembly substitute amendment 1, as follows:

AB69-SA1,1,3 1. Page 2, line 1: before that line insert:

AB69-SA1,1,4 " Section 1e. 85.55 of the statutes is amended to read:

AB69-SA1,2,2 85.55 Safe-ride grant program. The department may award grants to any county or municipality or to any nonprofit corporation, as defined in s. 66.0129 (6) (b), to cover the costs of transporting persons suspected of having a prohibited alcohol concentration, as defined in s. 340.01 (46m), from any premises licensed under ch. 125 to sell alcohol beverages to their places of residence. The amount of a grant under this section may not exceed 50% of the costs necessary to provide the service. The liability of a provider of a safe-ride program to persons transported under the program is limited to the amounts required for an automobile a motor vehicle liability policy under s. 344.15 (1). Grants awarded under this section shall be paid from the appropriation under s. 20.395 (5) (ek).

AB69-SA1, s. 1m Section 1m. 194.41 (1) of the statutes is amended to read:

AB69-SA1,3,8 194.41 (1) No permit or vehicle registration may be issued to a common motor carrier of property, contract motor carrier, or rental company, no permit or vehicle registration may remain in force to operate any motor vehicle under the authority of this chapter, and no vehicle registration may be issued or remain in force for a semitrailer unless the carrier or rental company has on file with the department and in effect an approved certificate for a policy of insurance or other written contract in such form and containing such terms and conditions as may be approved by the department issued by an insurer authorized to do a surety or automobile motor vehicle liability business in this state under which the insurer assumes the liability prescribed by this section with respect to the operation of such motor vehicles. The certificate or other contract is subject to the approval of the department and shall provide that the insurer shall be directly liable for and shall pay all damages for injuries to or for the death of persons or for injuries to or destruction of property that may be recovered against the owner or operator of any such motor vehicles by reason of the negligent operation thereof in such amount as the department may require. Liability may be restricted so as to be inapplicable to damage claims on account of injury to or destruction of property transported, but the department may require a certificate or other contract protecting the owner of the property transported by carriers from loss or damage in the amount and under the conditions as the department may require. No permit or vehicle registration may be issued to a common motor carrier of passengers by any motor vehicle, or other carrier of passengers by motor bus, except those registered in accordance with s. 341.26 (2) (a) and (d), and no permit or vehicle registration may remain in force to operate any motor vehicle unless it has on file with the department a like certificate or other contract in the form and containing the terms and conditions as may be approved by the department for the payment of damages for injuries to property and injuries to or for the death of persons, including passengers, in the amounts as the department may require. This subsection does not apply to a motor carrier that is registered by another state under a single-state registration system consistent with the standards under 49 USC 14504.

AB69-SA1, s. 1s Section 1s. 302.46 (1) (a) of the statutes is amended to read:

AB69-SA1,3,23 302.46 (1) (a) On or after October 1, 1987, if If a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), for a financial responsibility violation under s. 344.10 (1) (a) 2., or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations or safety belt use violations under s. 347.48 (2m), the court, in addition, shall impose a jail surcharge under ch. 814 in an amount of 1% of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail surcharge on the basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge in proportion to the suspension.".

AB69-SA1,3,24 2. Page 2, line 1: substitute "Section 1t" for "Section 1".

AB69-SA1,4,1 3. Page 2, line 3: after "(2)" insert "(ep) and".

AB69-SA1,4,2 4. Page 2, line 3: after that line insert:

AB69-SA1,4,3 " Section 1w. 343.14 (2) (ep) of the statutes is created to read:

AB69-SA1,4,5 343.14 (2) (ep) Documentary proof of compliance with s. 344.10, if the applicant is the owner of a motor vehicle.".

AB69-SA1,4,6 5. Page 4, line 20: after that line insert:

AB69-SA1,4,7 " Section 8b. 344.10 of the statutes is created to read:

AB69-SA1,4,14 344.10 Compulsory financial responsibility; limits and penalties. (1) (a) 1. No person may operate a motor vehicle upon a highway in this state unless the owner or operator has in effect a motor vehicle liability policy or bond for the motor vehicle, which meets the requirements under s. 344.15, insuring against loss resulting from liability imposed by law for bodily injury, death, and property damage sustained by any person arising out of the ownership, maintenance, operation, or use of the motor vehicle.

AB69-SA1,4,20 2. No person may operate a motor vehicle upon a highway in this state unless the person has in his or her immediate possession at all times while operating the vehicle proof that he or she is in compliance with subd. 1. or that the requirements of subd. 1. do not apply to him or her. The operator of the motor vehicle shall display the proof required under this subdivision upon demand from any law enforcement officer.

AB69-SA1,5,2 (b) 1. No person charged with violating par. (a) 1. may be convicted if the person produces proof that he or she was in compliance with par. (a) 1. or that the requirements of par. (a) 1. did not apply to him or her at the time of the arrest. Such proof may be produced either at the time of the person's appearance in court in response to the uniform traffic citation, or in the office of the arresting officer within 5 days after the date of issuance of the uniform traffic citation.

AB69-SA1,5,7 2. Proof of compliance with par. (a) 1. may be evidenced by display of the motor vehicle policy or bond in effect for the motor vehicle under s. 344.15, a copy of that policy or bond, or an identification card issued to the person by the insurer indicating that the policy or bond is in effect or by display of certification of insurance under s. 344.31 or a copy of that certification.

AB69-SA1,5,10 3. The department shall promulgate a rule specifying the form of proof that may be displayed by a person under par. (c) to show that the requirements under par. (a) 1. do not apply to him or her.

AB69-SA1,5,11 (c) Paragraph (a) 1. does not apply to any of the following:

AB69-SA1,5,13 1. A person operating a vehicle owned by a self-insurer under s. 344.16 if operating with the owner's permission.

AB69-SA1,5,15 2. A person operating a vehicle insured as required by s. 121.53, 194.41, or 194.42 if operating with the owner's permission.

AB69-SA1,5,18 3. A person who has filed proof of financial responsibility as provided under sub. (2) or a person operating a vehicle owned by the person who has deposited money or security if operating with the owner's permission.

AB69-SA1,5,21 4. The operator of a vehicle owned by or leased to the United States, this or another state, or any county or municipality of this or another state, if operating with the owner's or lessee's permission.

AB69-SA1,5,23 (2) Proof of financial responsibility may be evidenced by a deposit of money or securities in the amount, form, and manner specified in s. 344.37.

AB69-SA1,6,7 (3) Notwithstanding s. 349.02, a law enforcement officer may not stop or inspect a vehicle solely to determine compliance with sub. (1) (a) 1. or 2. or both or a local ordinance in conformity with sub. (1) (a) 1. or 2. or both. This subsection does not limit the authority of a law enforcement officer to issue a citation for a violation of sub. (1) (a) 1. or 2. or both or a local ordinance in conformity with sub. (1) (a) 1. or 2. or both observed in the course of a stop or inspection made for other purposes, except that a law enforcement officer may not take a person into physical custody solely for a violation of sub. (1) (a) 1. or 2. or both or a local ordinance in conformity with sub. (1) (a) 1. or 2. or both.

AB69-SA1,6,9 (4) The department shall include with each operator's license issued under ch. 343 notification of the requirements and penalties under this section.

AB69-SA1,6,10 (5) (a) Any person who violates sub. (1) (a) 1. shall forfeit not more than $500.

AB69-SA1,6,11 (b) Any person who violates sub. (1) (a) 2. may be required to forfeit $10.

AB69-SA1, s. 8c Section 8c. 344.15 (1) of the statutes is amended to read:

AB69-SA1,6,22 344.15 (1) No policy or bond is effective under s. 344.10 or 344.14 unless issued by an insurer authorized to do an automobile a motor vehicle liability or surety business in this state, except as provided in sub. (2), or unless the policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than $25,000 because of bodily injury to or death of one person in any one accident and, subject to that limit for one person, to a limit of not less than $50,000 because of bodily injury to or death of 2 or more persons in any one accident and, if the accident has resulted in injury to or destruction of property, to a limit of not less than $10,000 because of injury to or destruction of property of others in any one accident.

AB69-SA1, s. 8e Section 8e. 344.15 (2) (intro.) of the statutes is amended to read:

AB69-SA1,7,4 344.15 (2) (intro.) A policy or bond with respect to a vehicle which was not registered in this state or was registered elsewhere at the time of the effective date of the policy or bond or the most recent renewal thereof may be effective under s. 344.10 or 344.14 even though not issued by an insurer authorized to do an automobile a motor vehicle liability or surety business in this state if the following conditions are complied with:

AB69-SA1, s. 8f Section 8f. 344.15 (4) of the statutes is amended to read:

AB69-SA1,8,2 344.15 (4) After receipt of the report of an accident of the type specified in s. 344.12, the secretary may forward to the insurer named therein, that portion of the report or other notice which pertains to an automobile a motor vehicle liability policy or bond. The secretary shall assume that an automobile a motor vehicle liability policy or bond as described in this section was in effect and applied to both the owner and operator with respect to the accident unless the insurer notifies the secretary otherwise within 30 days from the mailing to the insurer of that portion of the report or other notice pertaining to the automobile motor vehicle liability policy or bond. Upon receipt of notice from the insurer that an automobile a motor vehicle liability policy or bond was in effect as to the owner only, the operator only or was not in effect as to either of them, the secretary shall within the remainder of the 90-day period specified in s. 344.13 (3) require the owner or operator or both, whichever is applicable, to deposit security pursuant to this chapter. As respects permission to operate the vehicle, the insurer may correct the report or other notice only if it files with the secretary within the 30-day period specified in this subsection an affidavit signed by the owner stating that the operator did not have the owner's permission to operate the vehicle. Where the insurer's failure to notify the secretary within 30 days of a correction in that portion of the report or other notice pertaining to an automobile a motor vehicle liability policy or bond is caused by fraud, the insurer shall notify the secretary of the correction within 30 days of the time the fraud is discovered.

AB69-SA1, s. 8h Section 8h. 344.15 (5) of the statutes is amended to read:

AB69-SA1,8,11 344.15 (5) Nothing in this chapter shall be construed to impose any obligation not otherwise assumed by the insurer in its automobile motor vehicle liability policy or bond except that if no correction is made in the report or other notice within 30 days after it is mailed to the insurer, the insurer, except in case of fraud, whenever such fraud may occur, is estopped from using as a defense to its liability the insured's failure to give permission to the operator or a violation of the purposes of use specified in the automobile motor vehicle liability policy or bond or the use of the vehicle beyond agreed geographical limits.

AB69-SA1, s. 8i Section 8i. 344.32 (1) (intro.) of the statutes is amended to read:

AB69-SA1,8,19 344.32 (1) (intro.) A nonresident may give proof of financial responsibility by filing with the secretary a written certification of an insurer authorized to transact an automobile a motor vehicle liability or surety business in the state in which the person resides or by transmitting such certification to the secretary by another means approved by the secretary, provided the certification otherwise conforms to this chapter. The secretary shall accept the certification if the insurer complies with the following with respect to the policies so certified:

AB69-SA1, s. 8j Section 8j. 344.33 (1) of the statutes is amended to read:

AB69-SA1,9,2 344.33 (1) Certification. In this chapter ss. 344.30 to 344.34, "motor vehicle liability policy" means a motor vehicle policy of liability insurance, certified as provided in s. 344.31 or 344.32 as proof of financial responsibility for the future, and issued, except as otherwise provided in s. 344.32, by an insurer authorized to do an automobile a motor vehicle liability business in this state to or for the benefit of the person named in the policy as the insured.

AB69-SA1, s. 8L Section 8L. 344.35 (title) of the statutes is amended to read:

AB69-SA1,9,4 344.35 (title) This chapter Section 344.33 not to affect other policies.

AB69-SA1, s. 8m Section 8m. 344.35 (1) of the statutes is amended to read:

AB69-SA1,9,10 344.35 (1) This chapter Section 344.33 does not apply to or affect policies of automobile motor vehicle insurance against liability which may now or hereafter be required by any other law of this state. If such policies contain an agreement or are endorsed to conform to the requirements of this chapter s. 344.33, they may be certified as proof of financial responsibility under this chapter.