AB75: Bill Text

AB75, s. 2895 Section 2895. 341.65 (1) (b) of the statutes is amended to read:

AB75,1455,4 341.65 (1) (b) "Unregistered motor vehicle" means any motor vehicle that is located upon a highway and that is not displaying valid registration plates, a temporary operation plate, or other evidence of registration a registration plate for which the department's vehicle registration records indicate valid registration as provided under s. 341.18 (1) for the vehicle's current registration period or for a registration period for the vehicle that expired within the immediately preceding 31 days.

AB75, s. 2896 Section 2896. 342.01 (2) (ac) of the statutes is created to read:

AB75,1455,8 342.01 (2) (ac) "Automated format," with respect to any document, record, or other information, includes that document, record, or other information generated or maintained in an electronic or digital form or medium.

AB75, s. 2897 Section 2897. 342.05 (5) of the statutes is amended to read:

AB75,1455,17 342.05 (5) Unless otherwise authorized by rule of the department, a nonresident owner of a vehicle that is not subject to registration in this state may not apply for a certificate of title under this chapter unless the vehicle is subject to a security interest or except as provided in s. 342.16 (1) (a). Notwithstanding any other provision of this section, a nonresident may purchase a temporary operation plates plate under s. 341.09 (4). Any temporary operation permit or plate issued under s. 341.09 shall not be considered registration of the vehicle for purposes of this subsection.

AB75, s. 2898 Section 2898. 342.09 (4) of the statutes is created to read:

AB75,1455,23 342.09 (4) (a) The department may maintain any certificate of title or other information required to be maintained under this section in an automated format and may consider any record maintained in an automated format under this paragraph to be the original and controlling record, notwithstanding the existence of any printed version of the same record.

AB75,1455,25 (b) Records maintained by the department under this section are the official vehicle title records.

AB75, s. 2899 Section 2899. 342.14 (1r) of the statutes is amended to read:

AB75,1456,7 342.14 (1r) Upon filing an application under sub. (1) or (3), an environmental impact fee of $9, by the person filing the application. All moneys collected under this subsection shall be credited to deposited in the environmental fund for environmental management. This subsection does not apply after December 31, 2009. This subsection does not apply to an application for a certificate of title for a neighborhood electric vehicle.

AB75, s. 2900 Section 2900. 342.14 (2) of the statutes is amended to read:

AB75,1456,11 342.14 (2) For the original notation and subsequent release of each security interest noted upon a certificate of title, a single fee of $4 $10, by the owner of the vehicle applicant.

AB75, s. 2901 Section 2901. 342.14 (3m) of the statutes is amended to read:

AB75,1456,19 342.14 (3m) Upon filing an application under sub. (1) or (3), a supplemental title fee of $7.50 by the owner of the vehicle, except that this fee shall be waived with respect to an application under sub. (3) for transfer of a decedent's interest in a vehicle to his or her surviving spouse or domestic partner under ch. 770. The fee specified under this subsection is in addition to any other fee specified in this section. This subsection does not apply to an application for a certificate of title for a neighborhood electric vehicle.

AB75, s. 2902 Section 2902. 342.15 (4) (a) of the statutes is amended to read:

AB75,1457,2 342.15 (4) (a) If the vehicle being transferred is a motorcycle or an automobile registered under s. 341.27 or a motor home or a motor truck, dual purpose motor home or dual purpose farm truck which has a gross weight of not more than 8,000 pounds or a farm truck which has a gross weight of not more than 12,000 pounds, the owner shall remove the registration plates plate and retain and preserve them the plate for use on any other vehicle of the same type and gross weight which may subsequently be registered in his or her name.

AB75, s. 2903 Section 2903. 342.15 (4) (b) of the statutes is amended to read:

AB75,1457,6 342.15 (4) (b) If the vehicle being transferred is a vehicle registered under s. 341.26 at a special fee and the new owner will not be entitled to register the vehicle at such fee, the transferor shall remove and destroy the plates plate.

AB75, s. 2904 Section 2904. 342.15 (4) (c) of the statutes is amended to read:

AB75,1457,10 342.15 (4) (c) In all other cases the transferor shall permit the plates plate to remain attached to the vehicle being transferred, except that if the vehicle has been junked the transferor shall remove and destroy the plates plate.

AB75, s. 2905 Section 2905. 342.17 (4) (b) 1. (intro.) and c. and 4. of the statutes are amended to read:

AB75,1457,16 342.17 (4) (b) 1. (intro.) The department shall transfer the decedent's interest in any vehicle to his or her surviving spouse or domestic partner under ch. 770 upon receipt of the title executed by the surviving spouse or domestic partner and a statement by the spouse or domestic partner which shall state:

AB75,1457,18 c. That the spouse or domestic partner is personally liable for the decedent's debts and charges to the extent of the value of the vehicle, subject to s. 859.25.

AB75,1457,22 4. The limit in subd. 3. does not apply if the surviving spouse or domestic partner is proceeding under s. 867.03 (1g) and the total value of the decedent's property subject to administration in the state, including the vehicles transferred under this paragraph, does not exceed $50,000.

AB75, s. 2906 Section 2906. 342.19 (2) of the statutes is renumbered 342.19 (2) (a) (intro.) and amended to read:

AB75,1458,2 342.19 (2) (a) (intro.) Except as provided in sub. (2m), a security interest is perfected in one of the following ways:

AB75,1458,6 1. If the secured party is an individual or a person exempted by rule under s. 342.245 (3), by the delivery to the department of the existing certificate of title, if any, an application for a certificate of title containing the name and address of the secured party, and the required fee. It

AB75,1458,7 (b) A security interest is perfected as of the later of the following:

AB75,1458,10 1. The time of its delivery or the to the department of the certificate of title if perfection occurs under par. (a) 1. or of the application if perfection occurs under par. (a) 2.

AB75,1458,11 2. The time of the attachment of the security interest.

AB75, s. 2907 Section 2907. 342.19 (2) (a) 2. of the statutes is created to read:

AB75,1458,16 342.19 (2) (a) 2. Except as provided in s. 342.245 (3), if the secured party is not an individual, by the filing of a security interest statement containing the name and address of the secured party, and payment of the required fee, in the manner specified in s. 342.245 (1).

AB75, s. 2908 Section 2908. 342.20 (2) of the statutes is amended to read:

AB75,1458,22 342.20 (2) The secured party shall immediately cause the certificate, application, and the required fee to be mailed or delivered to the department, except that if the secured party is not an individual or a person exempted by rule under s. 342.245 (3), the secured party shall follow the procedure specified in ss. 342.19 (2) (a) 2. and 342.245 (1) and (2).

AB75, s. 2909 Section 2909. 342.20 (3) of the statutes is amended to read:

AB75,1459,7 342.20 (3) Upon receipt of the certificate of title, application, and the required fee, or upon receipt of the security interest statement and required fee if the secured party has utilized the process specified in s. 342.245 (1), the department shall issue to the owner a new certificate containing the name and address of the new secured party. The department shall deliver to such new secured party and to the register of deeds of the county of the owner's residence, memoranda, in such form as the department prescribes, evidencing the notation of the security interest upon the certificate; and thereafter, upon any assignment, termination or release of the security interest, additional memoranda evidencing such action.

AB75, s. 2910 Section 2910. 342.22 (1) of the statutes is renumbered 342.22 (1) (intro.) and amended to read:

AB75,1459,14 342.22 (1) (intro.) Within one month or within 10 days following written demand by the debtor after there is no outstanding obligation and no commitment to make advances, incur obligations or otherwise give value, secured by the security interest in a vehicle under any security agreement between the owner and the secured party, the secured party shall do one of the following:

AB75,1459,22 (a) If the secured party is an individual or a person exempted by rule under s. 342.245 (3), execute and deliver to the owner, as the department prescribes, a release of the security interest in the form and manner prescribed by the department and a notice to the owner stating in no less than 10-point boldface type the owner's obligation under sub. (2). If the secured party fails to execute and deliver the release and notice of the owner's obligation as required by this subsection paragraph, the secured party is liable to the owner for $25 and for any loss caused to the owner by the failure.

AB75, s. 2911 Section 2911. 342.22 (1) (b) of the statutes is created to read:

AB75,1460,2 342.22 (1) (b) If the secured party is not described in par. (a), deliver to the department a release of the security interest in the manner specified in s. 342.245 (1) and deliver to the owner a notice stating that the release has been provided to the department.

AB75, s. 2912 Section 2912. 342.22 (2) of the statutes is amended to read:

AB75,1460,11 342.22 (2) The An owner, other than a dealer holding the vehicle for resale, upon receipt of the release and notice of obligation delivered under sub. (1) (a) shall promptly cause the certificate and release to be mailed or delivered to the department, which shall release the secured party's rights on the certificate and issue a new certificate. Upon receipt of the notice under sub. (1) (b), the owner may, in the form and manner prescribed by the department and without additional fee, deliver an application and the certificate of title to the department and the department shall issue a new certificate of title free of the security interest notation.

AB75, s. 2913 Section 2913. 342.245 of the statutes is created to read:

AB75,1460,17 342.245 Electronic processing of certain applications. (1) Except as provided in sub. (3), a secured party shall file a security interest statement and pay the fee under s. 342.19 (2) (a) 2. and deliver a release of a security interest under s. 342.22 (1) (b) utilizing an electronic process prescribed by the department under sub. (4).

AB75,1460,20 (2) Upon receipt of a certificate of title as provided in s. 342.20 (1), a person required to file a security interest statement under sub. (1) shall destroy the certificate of title.

AB75,1460,25 (3) The department may, by rule, exempt a person or a type of transaction from the requirements of sub. (1). Any person who is exempted under this subsection shall pay a fee to the department for processing applications submitted by the person under s. 342.19 (2) (a) 1. and releases submitted under s. 342.22, utilizing a process other than an electronic process.

AB75,1461,2 (4) The department shall promulgate rules to implement and administer this section.

AB75, s. 2914 Section 2914. 342.34 (1) (c) of the statutes is amended to read:

AB75,1461,14 342.34 (1) (c) If the vehicle is a motorcycle or an automobile registered under s. 341.27 or a motor home or a motor truck, dual purpose motor home or dual purpose farm truck which has a gross weight of not more than 8,000 pounds or a farm truck which has a gross weight of not more than 12,000 pounds, the owner shall remove the registration plates plate and retain and preserve them the plate for use on any other vehicle of the same type which may subsequently be registered in his or her name. If the vehicle is not a motorcycle or an automobile registered under s. 341.27, or a motor home or a motor truck, dual purpose motor home or dual purpose farm truck which has a gross weight of not more than 8,000 pounds or a farm truck which has a gross weight of not more than 12,000 pounds, he or she shall remove and destroy the plates plate.

AB75, s. 2915 Section 2915. 342.34 (2) (c) of the statutes is amended to read:

AB75,1461,17 342.34 (2) (c) Remove and either retain or destroy the registration plates plate for the vehicle as provided in sub. (1) (c).

AB75, s. 2916 Section 2916. 343.03 (7) (c) of the statutes is amended to read:

AB75,1462,2 343.03 (7) (c) Within 10 days after a conviction of the holder of a commercial driver license issued by another jurisdiction for violating any state law or local ordinance of this state or any law of a federally recognized American Indian tribe or band in this state in conformity with any state law relating to motor vehicle traffic control, other than parking violations, or after a conviction of the holder of an operator's license issued by another jurisdiction, other than a commercial driver license, for any such violation while operating a commercial motor vehicle without a commercial driver license, the department shall notify the driver licensing agency of the jurisdiction that issued the license of the conviction.

AB75, s. 2917 Section 2917. 343.15 (4) (a) 3. of the statutes is amended to read:

AB75,1462,6 343.15 (4) (a) 3. A person who is a ward of the state, county, or court and who has been placed in a foster home or a treatment foster home or in the care of a religious welfare service.

AB75, s. 2918 Section 2918. 343.16 (1) (b) 2. of the statutes is amended to read:

AB75,1462,11 343.16 (1) (b) 2. The department, the applicable federal highway administration agency, or its a representative of the applicable federal agency may conduct random examinations, inspections, and audits of the 3rd-party tester without any prior notice.

AB75, s. 2919 Section 2919. 343.16 (3) (a) of the statutes is amended to read:

AB75,1463,3 343.16 (3) (a) The department shall examine every applicant for the renewal of an operator's license once every 8 years. The department may institute a method of selecting the date of renewal so that such examination shall be required for each applicant for renewal of a license to gain a uniform rate of examinations. The examination shall consist of a test of eyesight. The department shall make provisions for giving such examinations at examining stations in each county to all applicants for an operator's license. The person to be examined shall appear at the examining station nearest the person's place of residence or at such time and place as the department designates in answer to an applicant's request. In lieu of examination, the applicant may present or mail to the department a report of examination of the applicant's eyesight by an ophthalmologist, optometrist or physician licensed to practice medicine. The report shall be based on an examination made not more than 3 months prior to the date it is submitted. The report shall be on a form furnished and in the form required by the department. The department shall decide whether, in each case, the eyesight reported is sufficient to meet the current eyesight standards.

AB75, s. 2920 Section 2920. 343.16 (3) (a) of the statutes, as affected by 2007 Wisconsin Act 20 and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB75,1463,21 343.16 (3) (a) Except as provided in s. 343.165 (4) (d), the department shall examine every applicant for the renewal of an operator's license once every 8 years. The department may institute a method of selecting the date of renewal so that such examination shall be required for each applicant for renewal of a license to gain a uniform rate of examinations. The examination shall consist of a test of eyesight. The department shall make provisions for giving such examinations at examining stations to all applicants for an operator's license. The person to be examined shall appear at the examining station nearest the person's place of residence or at such time and place as the department designates in answer to an applicant's request. In lieu of examination, the applicant may present or mail to the department a report of examination of the applicant's eyesight by an ophthalmologist, optometrist, or physician licensed to practice medicine. The report shall be based on an examination made not more than 3 months prior to the date it is submitted. The report shall be on a form furnished and in the form required by the department. The department shall decide whether, in each case, the eyesight reported is sufficient to meet the current eyesight standards.

AB75, s. 2921 Section 2921. 343.20 (2) (b) of the statutes is amended to read:

AB75,1464,6 343.20 (2) (b) Notwithstanding par. (a), at least 180 60 days prior to the expiration of an "H" endorsement specified in s. 343.17 (3) (d) 1m., the department of transportation shall mail a notice to the last-known address of the licensee that the licensee is required to pass a security threat assessment screening by the federal transportation security administration of the federal department of homeland security as part of the application to renew the endorsement. The notice shall inform the licensee that the licensee may commence the federal security threat assessment screening at any time, but no later than 90 30 days before expiration of the endorsement.

AB75, s. 2922 Section 2922. 343.21 (1) (n) of the statutes is amended to read:

AB75,1464,11 343.21 (1) (n) In addition to any other fee under this subsection, for the issuance, renewal, upgrading, or reinstatement of any license, endorsement, or instruction permit, a federal security verification mandate license issuance fee of $10.

AB75, s. 2923 Section 2923. 343.23 (2) (b) of the statutes is amended to read:

AB75,1465,12 343.23 (2) (b) The information specified in pars. (a) and (am) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled, or withheld, or the person disqualified, in the interest of public safety. The record of suspensions, revocations, and convictions that would be counted under s. 343.307 (2) shall be maintained permanently, except that the department shall purge the record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b) after 10 years, 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, if the person does not have a commercial driver license, if the violation was not committed by a person operating a commercial motor vehicle, and if the person has no other suspension, revocation, or conviction that would be counted under s. 343.307 during that 10-year period. The record of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) and, (j), and (L), and all records specified in par. (am), shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension.

AB75, s. 2924 Section 2924. 343.23 (2) (b) of the statutes, as affected by 2007 Wisconsin Act 20 and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB75,1466,15 343.23 (2) (b) The information specified in pars. (a) and (am) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled, or withheld, or the person disqualified, in the interest of public safety. The record of suspensions, revocations, and convictions that would be counted under s. 343.307 (2) shall be maintained permanently, except that the department shall purge the record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b) after 10 years, 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, if the person does not have a commercial driver license, if the violation was not committed by a person operating a commercial motor vehicle, and if the person has no other suspension, revocation, or conviction that would be counted under s. 343.307 during that 10-year period. The record of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f), (j), and (L), and all records specified in par. (am), shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension. The department shall maintain the digital images of documents specified in s. 343.165 (2) (a) for at least 10 years.

AB75, s. 2925 Section 2925. 343.23 (4) (a) of the statutes is amended to read:

AB75,1466,22 343.23 (4) (a) Any Notwithstanding subs. (1) and (2) (b), any record of an administrative suspension upon receipt of a report from the court hearing the action arising out of the same incident or occurrence that the action has been dismissed or the person has been found innocent of the charge arising out of that incident or occurrence, except that the record of an administrative suspension for a person holding a commercial driver license may be purged only upon receipt of a court order.

AB75, s. 2926 Section 2926. 343.24 (2) (intro.) of the statutes is amended to read:

AB75,1467,3 343.24 (2) (intro.) The Except as provided in pars. (b) and (c), the department shall charge the following fees to any person for conducting searches of vehicle operators' records:

AB75, s. 2927 Section 2927. 343.24 (2) (b) of the statutes is amended to read:

AB75,1467,6 343.24 (2) (b) For each computerized search, $5. The department may not charge this fee to any governmental unit, as defined in s. 895.51 (1) (dm).

AB75, s. 2928 Section 2928. 343.24 (2) (c) of the statutes is amended to read:

AB75,1467,10 343.24 (2) (c) For each search requested by telephone, $6, or an established monthly service rate determined by the department. The department may not charge this fee to any governmental unit, as defined in s. 895.51 (1) (dm).

AB75, s. 2929 Section 2929. 343.24 (2) (d) of the statutes is created to read:

AB75,1467,12 343.24 (2) (d) For providing a paper copy of an abstract, $2.

AB75, s. 2930 Section 2930. 343.245 (4) (b) of the statutes is amended to read:

AB75,1467,16 343.245 (4) (b) Any person who violates sub. (3) (b) shall be fined not less than $2,500 $2,750 nor more than $10,000 $25,000 or imprisoned for not more than 90 days or both.

AB75, s. 2931 Section 2931. 343.315 (1) of the statutes is renumbered 343.315 (1m).

AB75, s. 2932 Section 2932. 343.315 (1g) of the statutes is created to read:

AB75,1467,20 343.315 (1g) Definition. In this section, "engaged in commercial motor vehicle-related activities" means all of the following:

AB75,1467,21 (a) Operating or using a commercial motor vehicle.

AB75,1468,2 (b) Operating or using any motor vehicle on or after September 30, 2005, if the person operating or using the vehicle has ever held a commercial driver license, has ever operated a commercial motor vehicle on a highway, or has ever been convicted of a violation related to, or been disqualified from, operating a commercial motor vehicle.

AB75, s. 2933 Section 2933. 343.315 (2) (a) (intro.) of the statutes is amended to read: