SB77: Bill Text

SB77, s. 4033 Section 4033. 342.06 (1) (intro.) of the statutes is amended to read:

SB77,1621,24 342.06 (1) (intro.) An application for a certificate of title shall be made to the department upon a form or in an automated format prescribed by it and shall be accompanied by the required fee. Each application for certificate of title shall include the following information:

SB77, s. 4034 Section 4034. 342.06 (1) (a) of the statutes is amended to read:

SB77,1622,1 342.06 (1) (a) The full name and residence or business address of the owner.

SB77, s. 4035 Section 4035. 342.06 (1) (g) of the statutes is amended to read:

SB77,1622,9 342.06 (1) (g) If the vehicle is a used motor vehicle which was last previously registered in another jurisdiction, the applicant shall furnish any certificate of ownership issued by the other jurisdiction and a statement pertaining to the title history and ownership of such motor vehicle, such statement to be in the form the department prescribes, and shall furnish a certification by a person designated by the department by rule to the effect that the physical description of the motor vehicle has been checked and conforms to the description given in the application.

SB77, s. 4036 Section 4036. 342.06 (1) (i) of the statutes is amended to read:

SB77,1622,17 342.06 (1) (i) A place for an applicant who is a natural person to designate that the applicant's name, street address, post-office box number and 9-digit extended zip code may not be disclosed as provided in s. 341.17 (9), a statement indicating the effect of making such a designation and a place for an applicant who has made a designation under this paragraph to reverse the designation. The department may provide for these designations and statement on an alternative form or in an automated format.

SB77, s. 4037 Section 4037. 342.06 (1m) of the statutes is amended to read:

SB77,1622,21 342.06 (1m) On the form or in the automated format for application for a certificate of title, the department may show the fee under s. 342.14 (3m) separately from the fee under s. 342.14 (1) or (3).

SB77, s. 4038 Section 4038. 342.06 (2) of the statutes is amended to read:

SB77,1622,25 342.06 (2) Any person who knowingly makes a false statement in an application for a certificate of title may be fined not more than $5,000 or imprisoned not more than 5 7 years and 6 months or both.

SB77, s. 4039 Section 4039. 342.065 (4) (b) of the statutes is amended to read:

SB77,1623,4 342.065 (4) (b) Any person who violates sub. (1) with intent to defraud may be fined not more than $5,000 or imprisoned for not more than 5 7 years and 6 months or both.

SB77, s. 4040 Section 4040. 342.09 (1) of the statutes is renumbered 342.09 (1) (a) and amended to read:

SB77,1623,11 342.09 (1) (a) The department shall maintain a record of each application for certificate of title received by it and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate of title, shall issue and, except as provided in par. (b), deliver a certificate to the owner of the vehicle.

SB77, s. 4041 Section 4041. 342.09 (1) (b) of the statutes is created to read:

SB77,1623,15 342.09 (1) (b) If there is a perfected security interest in a vehicle, the department shall deliver the certificate of title to the secured party having the primary perfected security interest in the vehicle.

SB77, s. 4042 Section 4042. 342.10 (6) of the statutes is created to read:

SB77,1623,18 342.10 (6) A certificate of title may be issued by the department in an automated format.

SB77, s. 4043 Section 4043. 342.13 (1) of the statutes is amended to read:

SB77,1624,4 342.13 (1) If a certificate of title is lost, stolen, mutilated or destroyed or becomes illegible, the owner or legal representative of the owner named in person in possession of the certificate, as shown by the records of the department, shall promptly make application for and may obtain a replacement upon furnishing information satisfactory to the department. The replacement certificate of title shall contain the legend "This is a replacement certificate and may be subject to the rights of a person under the original certificate". If applicable under s. 346.65 (6), the replacement certificate of title shall include the notation "Per section 346.65 (6) of the Wisconsin statutes, ownership of this motor vehicle may not be transferred without prior court approval".

SB77, s. 4044 Section 4044. 342.14 (1r) of the statutes is created to read:

SB77,1624,9 342.14 (1r) Upon filing an application under sub. (1) for a new vehicle being registered for the first time, an environmental impact fee of $5, by the person filing the application. All moneys collected under this subsection shall be credited to the environmental fund for environmental management.

SB77, s. 4045 Section 4045. 342.15 (1) (a) of the statutes is amended to read:

SB77,1624,18 342.15 (1) (a) If an owner transfers an interest in a vehicle, other than by the creation of a security interest, the owner shall comply with the requirements of s. 342.155 and, at the time of the delivery of the vehicle, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate, and the owner or person in possession of the certificate, as shown by the records of the department, shall cause the certificate to be mailed or delivered to the transferee, except that if the vehicle being transferred is a junk vehicle or has been junked, the owner shall return the certificate to the department in accordance with s. 342.34.

SB77, s. 4046 Section 4046. 342.15 (1) (c) of the statutes is amended to read:

SB77,1624,24 342.15 (1) (c) If an owner transfers his or her interest in a salvage vehicle, the owner shall at the time of the delivery of the vehicle, execute an assignment and warranty of title to the transferee in the space provided therefor on the certificate, and the owner or person in possession of the certificate, as shown by the records of the department, shall cause the certificate to be mailed or delivered to the transferee.

SB77, s. 4047 Section 4047. 342.15 (5) of the statutes is amended to read:

SB77,1625,6 342.15 (5) Any owner of a vehicle for which a certificate of title has been issued, who upon transfer of the vehicle fails to execute and deliver the assignment and warranty of title required by sub. (1), or the owner or person in possession of such certificate of title, as shown by the records of the department, who fails to deliver the assignment and warranty of title required by sub. (1), may be required to forfeit not more than $500.

SB77, s. 4048 Section 4048. 342.155 (1) (b) of the statutes is amended to read:

SB77,1625,14 342.155 (1) (b) The mileage disclosure statement required under par. (a) shall be made in the spaces provided on the certificate of title or on a form or in an automated format authorized by the department. The transferee shall print his or her name on the mileage disclosure statement, sign the statement and return a copy of the statement to the transferor. Except as authorized by rule of the department, no person may sign a mileage disclosure statement as both the transferor and transferee in the same transaction.

SB77, s. 4049 Section 4049. 342.155 (4) (b) of the statutes is amended to read:

SB77,1625,18 342.155 (4) (b) Any person who violates this section with intent to defraud may be fined not more than $5,000 or imprisoned for not more than 5 7 years and 6 months or both.

SB77, s. 4050 Section 4050. 342.156 (6) (b) of the statutes is amended to read:

SB77,1625,22 342.156 (6) (b) Any person who violates this section with intent to defraud may be fined not more than $5,000 or imprisoned for not more than 5 7 years and 6 months or both.

SB77, s. 4051 Section 4051. 342.17 (4) (b) 4. of the statutes is amended to read:

SB77,1626,2 342.17 (4) (b) 4. The limit in subd. 3. does not apply if the surviving spouse is proceeding under s. 867.03 (1) (1g) and the total value of the decedent's solely owned property in the state, including the vehicles transferred under this paragraph, does not exceed $10,000.

SB77, s. 4052 Section 4052. 342.20 (1) of the statutes is amended to read:

SB77,1626,10 342.20 (1) The owner shall immediately execute, in the space provided therefor on the certificate of title or on a separate form or in an automated format prescribed by the department, an application to name the secured party on the certificate, showing the name and address of the secured party, and the owner or person in possession of the owner's certificate, as shown by the records of the department, shall cause the certificate, application and the required fee to be delivered to the secured party.

SB77, s. 4053 Section 4053. 342.23 (2) (a) of the statutes is amended to read:

SB77,1626,17 342.23 (2) (a) An owner or person in possession of the owner's certificate of title, as shown by the records of the department, shall promptly deliver the owner's certificate of title to any secured party who is named on it or who has a security interest in the vehicle described in it under any other applicable prior law of this state, upon receipt of a notice from such secured party that the security interest is to be assigned, extended or perfected.

SB77, s. 4054 Section 4054. 342.30 (1) of the statutes is renumbered 342.30 (1g).

SB77, s. 4055 Section 4055. 342.30 (1c) of the statutes is created to read:

SB77,1626,21 342.30 (1c) In this section, "owner" includes the lessee of a vehicle if the vehicle is registered, or required to be registered, by the lessee under ch. 341.

SB77, s. 4056 Section 4056. 342.30 (3) (a) of the statutes is amended to read:

SB77,1626,24 342.30 (3) (a) Any person who violates sub. (1) (1g) may be fined not more than $5,000 or imprisoned for not more than 5 years or both.

SB77, s. 4057 Section 4057. 342.30 (3) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

SB77,1627,4 342.30 (3) (a) Any person who violates sub. (1g) may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both.

SB77, s. 4058 Section 4058. 342.30 (4) (a) of the statutes is amended to read:

SB77,1627,14 342.30 (4) (a) If a law enforcement agency finds a vehicle or part of a vehicle on which the identification number has been removed, altered or obliterated or made impossible to read, the law enforcement agency may seize the vehicle or part of a vehicle. If the identification number cannot be identified, the seized vehicle or vehicle part is presumed to be contraband. If the identification number can be identified, the agency may return the vehicle to the registered owner. Except as provided in par. (b), the district attorney shall institute forfeiture proceedings under s. 973.076 regarding any vehicle or vehicle part that is seized under this paragraph and not returned to the owner.

SB77, s. 4059 Section 4059. 342.32 (3) of the statutes is amended to read:

SB77,1627,17 342.32 (3) Whoever violates sub. (1) or (2) may be fined not more than $5,000 or imprisoned for not more than 5 7 years and 6 months, or both, for each violation.

SB77, s. 4060 Section 4060. 342.40 (1) of the statutes is renumbered 342.40 (1m).

SB77, s. 4061 Section 4061. 342.40 (1c) of the statutes is created to read:

SB77,1627,21 342.40 (1c) In this section, "owner" includes the lessee of a vehicle if the vehicle is registered, or required to be registered, by the lessee under ch. 341.

SB77, s. 4062 Section 4062. 343.06 (1) (c) of the statutes is amended to read:

SB77,1628,21 343.06 (1) (c) To any person under age 18 unless the person is enrolled in a school program or high school equivalency program and is not a habitual truant as defined in s. 118.16 (1) (a), has graduated from high school or been granted a declaration of high school graduation equivalency or is enrolled in a home-based private educational program, as defined in s. 115.001 (3g), and has satisfactorily completed a course in driver education in public schools approved by the department of education public instruction, or in technical colleges approved by the technical college system board, or in nonpublic and private schools which meet the minimum standards set by the department of education public instruction, or has satisfactorily completed a substantially equivalent course in driver training approved by the department and given by a school licensed by the department under s. 343.61, or has satisfactorily completed a substantially equivalent course in driver education or training approved by another state and has attained the age of 16, except as provided in s. 343.07 (1). The department shall not issue a license to any person under the age of 18 authorizing the operation of "Class M" vehicles unless the person has successfully completed a basic rider course approved by the department. The department may, by rule, exempt certain persons from the basic rider course requirement of this paragraph. Applicants for a license under s. 343.08 or 343.135 are exempt from the driver education, basic rider or driver training course requirement. The secretary shall prescribe rules for licensing of schools and instructors to qualify under this paragraph. The driver education course shall be made available to every eligible student in the state. Except as provided under s. 343.16 (1) (c) and (2) (cm) to (e), no operator's license may be issued unless a driver's examination has been administered by the department.

SB77, s. 4063 Section 4063. 343.06 (1) (c) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

SB77,1629,22 343.06 (1) (c) To any person under age 18 unless the person is enrolled in a school program or high school equivalency program and is not a habitual truant as defined in s. 118.16 (1) (a), has graduated from high school or been granted a declaration of high school graduation equivalency or is enrolled in a home-based private educational program, as defined in s. 115.001 (3g), and has satisfactorily completed a course in driver education in public schools approved by the department of public instruction, or in technical colleges approved by the technical college system board, or in nonpublic and private schools which meet the minimum standards set by the department of public instruction, or has satisfactorily completed a substantially equivalent course in driver training approved by the department and given by a school licensed by the department under s. 343.61, or has satisfactorily completed a substantially equivalent course in driver education or training approved by another state and has attained the age of 16, except as provided in s. 343.07 (1). The department shall not issue a license to any person under the age of 18 authorizing the operation of "Class M" vehicles unless the person has successfully completed a basic rider course approved by the department. The department may, by rule, exempt certain persons from the basic rider course requirement of this paragraph. Applicants for a license under s. 343.08 or 343.135 are exempt from the driver education, basic rider or driver training course requirement. The secretary shall prescribe rules for licensing of schools and instructors to qualify under this paragraph. The driver education course shall be made available to every eligible student in the state. Except as provided under s. 343.16 (1) (c) and (2) (cm) to (f), no operator's license may be issued unless a driver's examination has been administered by the department.

SB77, s. 4064 Section 4064. 343.06 (1) (i) of the statutes is amended to read:

SB77,1630,11 343.06 (1) (i) To any person who has been convicted of any offense specified under ss. 940.225, 948.02, 948.025 and 948.07 or adjudged delinquent under ch. 938 for a like or similar offense, when the sentencing court makes a finding that issuance of a license will be inimical to the public safety and welfare. The prohibition against issuance of a license to the offenders shall apply immediately upon receipt of a record of the conviction and the court finding by the secretary, for a period of one year or until discharge from any jail or prison sentence or any period of probation, community supervision or parole with respect to the offenses specified, whichever date is the later. Receipt by the offender of a certificate of discharge from the department of corrections or other responsible supervising agency, after one year has elapsed since the prohibition began, entitles the holder to apply for an operator's license. The applicant may be required to present the certificate of discharge to the secretary if the latter deems it necessary.

SB77, s. 4065 Section 4065. 343.06 (1) (j) of the statutes is amended to read:

SB77,1630,15 343.06 (1) (j) To any person applying for his or her first license or identification card or for a reinstated license in this state unless the person has submitted satisfactory proof of his or her name and date and place of birth.

SB77, s. 4066 Section 4066. 343.07 (5) of the statutes is amended to read:

SB77,1630,22 343.07 (5) Definition. In this section, "qualified instructor" means a person employed by a public or private school, holding an operator's license and meeting the teaching certification standards of the department of education public instruction or the technical college system board to teach driver education, or an instructor of a school licensed under s. 343.61, or a teacher or student teacher in a driver education course for teachers conducted by an institution of higher education.

SB77, s. 4067 Section 4067. 343.14 (2j) of the statutes is created to read:

SB77,1631,3 343.14 (2j) (a) The department shall deny an application for the issuance or renewal of a license if the applicant has not included his or her social security number in the application.

SB77,1631,7 (b) Except as otherwise required to administer and enforce this chapter, the department may not disclose a social security number obtained from an applicant for a license under sub. (2) (b) to any person except to the department of industry, labor and job development for purposes of administering s. 49.22.

SB77, s. 4068 Section 4068. 343.14 (3) (a) of the statutes is amended to read:

SB77,1631,17 343.14 (3) (a) The department shall, as part of the application process, take a photograph of the applicant to comply with s. 343.17 (3) (a) 2. Except where specifically exempted by statute or by rule of the department, no application may be processed without the photograph being taken. In the case of renewal licenses, the photograph shall be taken once every 4 6 years, and shall coincide with the appearance for examination which is required under s. 343.16 (3). The department may make provision for issuance of a license without a photograph if the applicant is stationed outside the state in military service and in specific situations where the department deems such action appropriate.

SB77, s. 4069 Section 4069. 343.14 (3) (b) of the statutes is amended to read:

SB77,1631,23 343.14 (3) (b) Any photograph taken of an applicant under par. (a) or s. 343.50 (4) may be maintained by the department and shall be kept confidential. The department may release a photograph only to the person whose photograph was taken or, if requested under s. 49.22 (2m), to the department of industry, labor and job development.

SB77, s. 4070 Section 4070. 343.14 (4) of the statutes is repealed.

SB77, s. 4071 Section 4071. 343.16 (1) (a) of the statutes is amended to read:

SB77,1633,2 343.16 (1) (a) General. The department shall examine every applicant for an operator's license, including applicants for license renewal as provided in sub. (3), and every applicant for authorization to operate a vehicle class or type for which the applicant does not hold currently valid authorization, other than an instruction permit. Except as provided in sub. (2) (cm) and (e) to (f), the examinations of applicants for licenses authorizing operation of "Class A", "Class B", "Class C", "Class D" or "Class M" vehicles shall include both a knowledge test and an actual demonstration in the form of a driving skills test of the applicant's ability to exercise ordinary and reasonable control in the operation of a representative vehicle. The department shall not administer a driving skills test to a person applying for authorization to operate "Class M" vehicles who has failed 2 previous such skills tests unless the person has successfully completed a rider course approved by the department. The department may, by rule, exempt certain persons from the rider course requirement of this paragraph. The driving skills of applicants for endorsements authorizing the operation of commercial motor vehicles equipped with air brakes, the transportation of passengers in commercial motor vehicles or the operation of school buses, as provided in s. 343.04 (2) (b), (d) or (e), shall also be tested by an actual demonstration of driving skills. The department may endorse an applicant's commercial driver license for transporting hazardous materials, or the operation of tank vehicles or vehicles towing double or triple trailers, as described in s. 343.04 (2) (a), (c) or (f), based on successful completion of a knowledge test. In administering the knowledge test, the department shall attempt to accommodate any special needs of the applicant. Except as may be required by the department for an "H" or "S" endorsement, the knowledge test is not intended to be a test for literacy or English language proficiency. This paragraph does not prohibit the department from requiring an applicant to correctly read and understand highway signs.

SB77, s. 4072 Section 4072. 343.16 (1) (b) (intro.) of the statutes is amended to read:

SB77,1633,13 343.16 (1) (b) Third-party testing. (intro.) The department may contract with a person, including an agency or department of this state or its political subdivisions or another state, or a private employer of commercial motor vehicle drivers, to administer driving skills tests required by par. (a) for authorization to operate "Class D" vehicles, commercial motor vehicle skills tests required by 49 CFR 383.110 to 383.135, examinations required to be administered under s. 343.12 (2) (h) and abbreviated driving skills tests required by sub. (3) (b). The department may not enter into such testing contracts with a private driver training school or other private institution. A contract with a 3rd-party tester shall include all of the following provisions:

SB77, s. 4073 Section 4073. 343.16 (1) (b) 3. (intro.) of the statutes is amended to read:

SB77,1633,20 343.16 (1) (b) 3. (intro.) At least annually, the department shall conduct an on-site inspection of the 3rd-party tester to determine compliance with the contract and with department and federal standards for testing applicants for commercial driver licenses and with department standards for testing applicants for regular licenses and school bus endorsements. At least annually, the department shall also evaluate testing given by the 3rd-party by one of the following means:

SB77, s. 4074 Section 4074. 343.16 (1) (b) 4. of the statutes is amended to read:

SB77,1634,3 343.16 (1) (b) 4. Examiners of the 3rd-party tester shall meet the same qualifications and training standards as the department's license examiners to the extent established by the department as necessary to satisfactorily perform the driving skills tests required by par. (a) for authorization to operate "Class D" vehicles, skills tests required by 49 CFR 383.110 to 383.135, examinations required to be administered under s. 343.12 (2) (h) and abbreviated driving skills tests required by sub. (3) (b).

SB77, s. 4075 Section 4075. 343.16 (1) (b) 5. of the statutes is amended to read:

SB77,1634,10 343.16 (1) (b) 5. The department shall take prompt and appropriate remedial action against the 3rd-party tester in the event that the tester fails to comply with department or federal standards for commercial driver license testing, department standards for regular license and school bus endorsement testing or any provision of the contract. Such action may include immediate termination of testing by the 3rd-party tester and recovery of damages.

SB77, s. 4076 Section 4076. 343.16 (1) (c) (intro.) of the statutes is amended to read:

SB77,1634,22 343.16 (1) (c) Driver education course. (intro.) The department may, after consultation with the department of education public instruction and the technical college system board, provide for administration of and certification of the results of the test of an applicant's knowledge of the traffic laws and ability to read and understand highway signs in conjunction with a course in driver education specified in this paragraph, by an instructor in that course. The test under this paragraph does not include that part of a driver's examination involving the actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle required for the issuance of a license other than an instruction permit. The test under this paragraph may be administered and certified by an instructor in any of the following:

SB77, s. 4077 Section 4077. 343.16 (1) (c) 1. of the statutes is amended to read:

SB77,1634,25 343.16 (1) (c) 1. A course in driver education in public schools approved by the department of education public instruction.

SB77, s. 4078 Section 4078. 343.16 (1) (c) 3. of the statutes is amended to read: