SB220: Bill Text

LRB-2737/2

PEN:kaf:arm

1997 - 1998 LEGISLATURE

1997 Senate BILL 220

May 27, 1997 - Introduced by Senator Adelman, cosponsored by Representative Rutkowski. Referred to Committee on Labor, Transportation and Financial Institutions.

SB220,1,6 An Act to repeal 341.09 (2) (f) and 341.09 (2m) (c); to renumber 885.237; to renumber and amend 341.09 (2m) (a); to amend 341.04 (1), 341.04 (1) (a) and 341.09 (1); and to create 341.09 (2m) (a) 2., 341.09 (9) and 885.237 (2) of the statutes; relating to: operating an unregistered vehicle, temporary operation plates and creating presumption that certain motor vehicles located on a highway are unregistered or improperly registered vehicles.

Analysis by the Legislative Reference Bureau

Under current law, a vehicle subject to registration by the department of transportation (DOT) may not be operated upon a highway in this state unless the vehicle is registered or an application for vehicle registration has been delivered or mailed to DOT. A violation of this prohibition may result in a forfeiture of $500 or, if the vehicle is an automobile or station wagon, $200.

Under current law, DOT may also issue a temporary operation permit or plate for a vehicle under certain circumstances for a fee of $3. DOT is also required to issue a temporary operation plate or permit for a vehicle if it appears that a person would be unable to lawfully operate the vehicle without such plate or permit. The temporary operation plate is valid for 60 days or until the applicant receives the regular registration plates for the vehicle, whichever occurs first.

In addition, any motor vehicle dealer licensed in this state may buy temporary operation plates from DOT at $3 per plate and resell the plates at cost to state residents who purchase most types of vehicles from the dealer. The plate is valid for 60 days or until the person receives the regular registration plates for the vehicle, whichever occurs first. No person is required to obtain a temporary operation plate for a vehicle that is purchased from a motor vehicle dealer.

With exceptions for specified vehicle types, this bill provides that a motor vehicle for which application for registration has been delivered or mailed to DOT may be lawfully operated upon a highway in this state only if the vehicle is displaying a temporary operation plate or is being operated within 2 business days of its sale or transfer. The bill requires each motor vehicle dealer to issue a temporary operation plate for each motor vehicle that is sold by the dealer to a state resident. A dealer may also issue a temporary operation plate to any other state resident who is the transferee of an automobile or station wagon, regardless of whether the person purchased the vehicle from the dealer. The bill also requires DOT to issue a temporary operation plate to any state resident who applies for the plate and is the transferee of a motor vehicle. A temporary operation plate may not be issued unless certain conditions are satisfied, including that regular registration plates for the vehicle have not been issued by DOT. The bill creates specific exceptions for types of motor vehicles that are not subject to these requirements.

The bill also creates a presumption that any motor vehicle that is located on a highway without valid registration plates or a temporary operation plate or, for vehicles registered on a quarterly or consecutive monthly basis, other evidence of registration is an unregistered or improperly registered vehicle.

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:

SB220, s. 1 Section 1. 341.04 (1) of the statutes is amended to read:

SB220,3,5 341.04 (1) It is unlawful for any person to operate or for an owner to consent to being operated on any highway of this state any motor vehicle, mobile home, trailer or semitrailer or any other vehicle for which a registration fee is specifically prescribed unless at the time of operation the vehicle in question either is registered in this state, or, except for registration under s. 341.30 or 341.305, a complete application for registration, including evidence of any inspection under s. 110.20 when required, accompanied by the required fee has been delivered to the department or deposited in the mail properly addressed with postage prepaid, or and, if the vehicle is an automobile, station wagon or any other vehicle having a gross vehicle weight rating of 8,000 pounds or less, the vehicle displays a temporary operation plate issued for the vehicle or the operator or owner of the vehicle produces proof that operation of the vehicle is within 2 business days of the vehicle's sale or transfer, or the vehicle in question is exempt from registration.

SB220, s. 2 Section 2. 341.04 (1) (a) of the statutes is amended to read:

SB220,3,11 341.04 (1) (a) A vehicle may be operated by a private person after the date of purchase of such vehicle by such private person or after the date such person moved to this state if application for registration, except for registration under s. 341.30 or 341.305, and certificate of title has been made and the person otherwise complies with any applicable requirements of this section.

SB220, s. 3 Section 3. 341.09 (1) of the statutes is amended to read:

SB220,3,19 341.09 (1) The department shall issue temporary operation plates as provided under subs. (2), (2m) and (9) and may issue a temporary operation permit or plate for an unregistered vehicle under any of the circumstances set forth in subs. (2) to (6) as otherwise provided under this section. Such permits or plates shall contain the date of expiration and sufficient information to identify the vehicle for which and the person to whom it is issued. The department may place the information identifying the vehicle and the person to whom the permit or plate is issued on a separate form.

SB220, s. 4 Section 4. 341.09 (2) (f) of the statutes is repealed.

SB220, s. 5 Section 5. 341.09 (2m) (a) of the statutes is renumbered 341.09 (2m) (a) 1. and amended to read:

SB220,4,6 341.09 (2m) (a) 1. Upon request by a dealer licensed in this state, the department may shall issue any number of temporary operation plates to a dealer under sub. (2) at a fee of $3 per plate. The dealer may shall issue the temporary operation plate at a fee of $3 to any state resident who purchases from the dealer any type of vehicle except buses, for-hire vehicles and vehicles which that are subject to registration under the international registration plan if the state is a party to such plan or vehicles which that are subject to registration under s. 341.41 (9). The department shall prescribe the manner in which a dealer shall keep records of temporary operation plates issued by the dealer under this paragraph.

SB220, s. 6 Section 6. 341.09 (2m) (a) 2. of the statutes is created to read:

SB220,4,14 341.09 (2m) (a) 2. Each dealer licensed in this state may, upon application, issue the temporary operation plate at a fee of $3 to any other state resident for use on any type of vehicle eligible for a temporary operation plate under subd. 1. if the dealer is satisfied as to ownership of the vehicle and the person certifies that he or she has made application for registration to the department and has neither received the regular registration plates for the vehicle nor has been issued a temporary operation plate under this section for the vehicle.

SB220, s. 7 Section 7. 341.09 (2m) (c) of the statutes is repealed.

SB220, s. 8 Section 8. 341.09 (9) of the statutes is created to read:

SB220,4,24 341.09 (9) (a) Notwithstanding any other provision of this section, the department shall issue a temporary operation plate for any type of vehicle, except buses, for-hire vehicles and vehicles that are subject to registration under the international registration plan if the state is a party to such plan or vehicles that are subject to registration under s. 341.41 (9) upon receipt of an application for registration 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 under this section.

SB220,5,7 (b) The department shall determine the size, color, design, form and specifications of the temporary operation plates under this subsection. A temporary operation plate issued under this subsection shall be valid for a period of 60 days or until the applicant receives the regular registration plates, whichever occurs first, and shall contain sufficient information to identify the vehicle for which and the person to whom it is issued. The department shall charge a fee of $3 for each temporary operation plate issued under this subsection.

SB220, s. 9 Section 9. 885.237 of the statutes is renumbered 885.237 (1).

SB220, s. 10 Section 10. 885.237 (2) of the statutes is created to read:

SB220,5,14 885.237 (2) Notwithstanding s. 341.04, the fact that a motor vehicle is located on a highway, as defined in s. 340.01 (22), and is not displaying valid registration plates, a temporary operation plate or other evidence of registration as provided under s. 341.18 (1) is prima facie evidence, for purposes of ch. 341, that the motor vehicle is an unregistered or improperly registered vehicle.

SB220, s. 11 Section 11. Initial applicability.

SB220,5,17 (1) This act first applies to transfers of interests in motor vehicles occurring on the effective date of this subsection.

SB220, s. 12 Section 12. Effective date.

SB220,5,20 (1) This act takes effect on the first day of the 6th month beginning after publication.

SB220,5,21 (End)