AB821: Bill Text

LRB-3653/3

PEN:skg:mkd

1995 - 1996 LEGISLATURE

1995 Assembly BILL 821

January 26, 1996 - Introduced by Law Revision Committee. Referred to Committee on Highways and Transportation.

AB821,1,15 An Act to amend 20.395 (1) (as), 20.395 (1) (at), 83.42 (8), 84.01 (17), 86.30 (title) and (2) (e), 341.08 (2) (d), 341.08 (4m), 341.26 (7) (b), 342.17 (2) and (4) (b) 1. (intro.), 342.20 (3), 343.23 (1) (intro.), 343.23 (1) (c), 343.23 (2), 343.23 (4) (in tro.), 343.30 (4), 343.30 (5), 343.32 (3), 343.36 and 346.65 (6) (m) of the statutes; relating to: applications for vehicle registration and titling; notification to county clerks of expected highway improvements for 6-year periods; the period of motor vehicle operating privilege suspension imposed by the department of transportation; driving record files maintained by the department of trans portation; motor vehicle operating privilege suspension for nonpayment of a forfeiture, penalty assessment and jail assessment or noncompliance with a community service work order; motor vehicle operating privilege suspensions by the secretary of transportation; notification of creation of a security interest in a vehicle; distribution of suspension, revocation and disqualification lists and records of convictions by nonresidents; and immobilization of a motor ve hicle (suggested as remedial legislation by the department of transportation).

Analysis by the Legislative Reference Bureau

Under current law, the department of transportation (DOT) is required to mail to a motor vehicle registrant a notice of vehicle registration renewal and a renewal registration application form at least 30 days before the expiration of the current reg istration period. This bill requires DOT, for a vehicle subject to a lease agreement, to mail a registration renewal notice and a registration renewal application form to the vehicle's lessee designated by the registrant.

Under current law, a school bus registered under the reduced registration fee for school buses is required to annually submit a notarized statement of nonopera tion attesting that the school bus is not routinely used to transport passengers who are not pupils, or used to transport pupils to or from points that have not been desig nated by the school. This bill eliminates the requirement that the statement of school bus nonoperation be notarized.

Under current law, certain applications to DOT for motor vehicle title certifi cates that transfer legal title are required to contain a notarized statement support ing the legality of transferring the title, including the transfer of a repossessed ve hicle and the transfer of a decedent's interest in a vehicle to his or her surviving spouse. This bill eliminates the requirement that the statement supporting the legality of transferring the title of a repossessed vehicle, or of transferring a dece dent's interest in a vehicle to his or her surviving spouse, be notarized.

Current law allows a court to order that a vehicle be immobilized or equipped with an ignition interlock device if the vehicle owner's operating privilege has been revoked by a court or by DOT for certain specified offenses. Current law specifies the maximum period of immobilization or equipping with an ignition interlock device that is applicable to a vehicle owned by a person whose operating privilege has been revoked by DOT, but does not specify the maximum period applicable to a vehicle owned by a person whose operating privilege has been revoked by a court. This bill specifies that a vehicle may not be ordered immobilized for longer than the period of revocation, and that a vehicle may not be ordered equipped with an ignition interlock device for longer than 2 years longer than the period of revocation, regardless of whether the revocation was ordered by a court or by DOT.

Current law requires a person to include in his or her application for motor ve hicle registration the name of the town, city or village in which the person resides. This bill requires a vehicle registrant to also include the name of the county in which the person resides.

This bill changes the title of the "local transportation aids" program to the "gen eral transportation aids" program.

Under current law, DOT determines in each odd-numbered year what highway improvements will be made in the following 6-year period. DOT provides notice of these highway improvements by November 1 of each odd-numbered year to county clerks, the department of natural resources (DNR) and the department of agricul ture, trade and consumer protection (DATCP).

The bill changes the date by which DOT must provide notice to county clerks, DNR and DATCP from November 1 of each odd-numbered year to February 1 of each even-numbered year.

Current law requires or permits the secretary of transportation to suspend or revoke a person's motor vehicle operating privilege depending upon one or more con victions by the person of violating state or local traffic laws. A person's operating privilege may not be revoked for more than one year unless a longer period of revoca tion is specifically provided by law.

The bill provides that the secretary of transportation, in exercising the power of suspension, may not suspend a person's operating privilege for more than one year unless a longer period is specifically provided by law.

Current law requires DOT to maintain a file on the driving record of each licens ee, including any license, permit or endorsement applications and records of convic tions and reportable accidents. The bill provides that DOT must maintain such files regardless of whether the person is licensed by DOT.

Under current law, a person's operating privilege may be suspended by a munic ipal court for failure to pay a judgment or to comply with a community service work order in lieu of making restitution or paying the judgment, or both. The suspension period may not exceed 5 years.

The bill clarifies a provision of state licensing laws specifying the power of courts to suspend or revoke a person's operating privilege by including the power of municipal courts to suspend a person's operating privilege for nonpayment of a judg ment or noncompliance with a community service work order.

Current law requires or permits the secretary of transportation to suspend or revoke a person's motor vehicle operating privilege depending upon the person's driv ing record. The secretary of transportation may only exercise the power of revocation based upon the person's driving record during the preceding 4-year period. The bill specifies that the power of suspension may only be exercised by the secretary of transportation on the basis of the person's driving record during the preceding 4-year period.

Under current law, DOT issues a new certificate of title for a vehicle upon notifi cation that a new security interest in the vehicle has been created. DOT issues to the vehicle owner a new certificate of title containing the name and address of the new secured party and sends memoranda concerning the new security interest to the new secured party and the register of deeds of the county of the debtor's residence.

The bill requires DOT to send memoranda to the register of deeds of the county of the owner's residence instead of the register of deeds of the county of the debtor's residence.

Under current law, DOT maintains monthly lists of all residents of this state whose operating privilege was suspended or revoked during the preceding month. These lists are, upon request, forwarded by DOT to local police and traffic officials. Current law also requires DOT to send a certified copy of a record of conviction to the state of residence of a nonresident upon receipt of a record of conviction of the person in this state that is grounds for operating privilege suspension or revocation under the laws of this state.

The bill provides that the monthly lists maintained by DOT must include any residents of this state who were disqualified from operating commercial motor ve hicles during the preceding month. A certified copy of a record of conviction must also be sent by DOT to the state of residence of a nonresident upon receipt of a record of conviction of the person in this state that is grounds for disqualification from operat ing commercial motor vehicles under the laws of this state.

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 propos al, requested by the department of transportation and introduced by the law revision committee under s. 13.83 (1) (c) 4., stats. After careful consideration of the various provi sions 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.

AB821, s. 1 Section 1. 20.395 (1) (as) of the statutes is amended to read:

AB821,4,3 20.395 (1) (as) Transportation aids to counties, state funds. The amounts in the schedule for local general transportation aids to counties under s. 86.30.

AB821, s. 2 Section 2. 20.395 (1) (at) of the statutes is amended to read:

AB821,4,6 20.395 (1) (at) Transportation aids to municipalities, state funds. The amounts in the schedule for local general transportation aids to municipalities under s. 86.30.

AB821, s. 3 Section 3. 83.42 (8) of the statutes is amended to read:

AB821,4,9 83.42 (8) Aids. State aids for rustic roads shall be determined in accordance with the local general transportation aids provisions of s. 86.30.

AB821, s. 4 Section 4. 84.01 (17) of the statutes is amended to read:

AB821,4,16 84.01 (17) Improvements for next 6 years. In each odd-numbered year, the department shall determine, as far as possible, what improvements will be made during the following 6-year period, and shall notify the county clerks prior to Novem ber February 1 of each odd-numbered even-numbered year, as to the improvements in their respective counties. Such notice shall also be given to the department of nat ural resources and to the department of agriculture, trade and consumer protection.

AB821, s. 5 Section 5. 86.30 (title) and (2) (e) of the statutes are amended to read:

AB821,5,1 86.30 (title) Local General transportation aids.

AB821,5,8 (2) (e) Aid payments. Local General transportation aids under this section shall be calculated and distributed on the basis of a calendar year. Local General transportation aids shall be paid in 4 equal instalments on the first Monday in Janu ary, April, July and October. If adjustments are necessary, the department may ad just any of the scheduled aid payments in a calendar year. The payments shall be made from the appropriation under s. 20.395 (1) (as) or (at) for the fiscal year in which the payments are made.

AB821, s. 6 Section 6. 341.08 (2) (d) of the statutes is amended to read:

AB821,5,11 341.08 (2) (d) The city, village or town and the county in which the vehicle is customarily kept.

AB821, s. 7 Section 7. 341.08 (4m) of the statutes is amended to read: