SB490: Bill Text

LRB-3717/1

EVM:nwn:md

2009 - 2010 LEGISLATURE

2009 Senate BILL 490

January 25, 2010 - Introduced by Law Revision Committee. Referred to Committee on Transportation, Tourism, Forestry, and Natural Resources.

SB490,1,6 An Act to repeal 341.14 (1r) and 346.50 (2a) (f) and (g); and to amend 100.51 (5) (b) 1., 167.31 (4) (cg) 5., 341.13 (2), 341.14 (8) (c), 341.625 (1), 346.50 (2), 346.50 (2a) (intro.), 346.50 (3), 346.50 (3m) (b) 1., 346.503 (1), 346.505 (2), 349.13 (1m) and 349.145 of the statutes; relating to: registration plates for vehicles leased to persons with a disability that limits the ability to walk (suggested as remedial legislation by the Department of Transportation).

Analysis by the Legislative Reference Bureau

Under current law, an owner of certain motor vehicles, including an automobile, registering the motor vehicle with the Department of Transportation (DOT) who submits a statement certifying that he or she is a person with a disability that limits or impairs the ability to walk may receive special registration plates for the motor vehicle that entitle the person to certain parking privileges. For the purposes of the vehicle registration provisions, the term "owner" includes a lessee who leases a vehicle for a period of one year or more. Also under current law, a state resident registering certain motor vehicles, including an automobile, with DOT who submits a statement certifying that the motor vehicle is leased to a person with a disability that limits or impairs the ability to walk may receive special registration plates for the motor vehicle that entitle the lessee to certain parking privileges. DOT, however, may not issue plates under this latter provision after January 1, 1998.

Under this bill, the provision allowing a person who leases a vehicle to a person with a disability that limits or impairs the ability to walk to obtain special registration plates entitling the person with a disability who leases the vehicle to certain parking privileges is repealed. The provision allowing an owner to obtain special registration plates entitling the owner, if he or she has a disability that limits or impairs the ability to walk, to certain parking privileges is unchanged.

For further information, see the Notes provided by the Law Revision Committee of the Joint Legislative Council.

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 proposal, requested by the Department of Transportation and introduced by the Law Revision Committee under s. 13.83 (1) (c) 4. and 5., stats. After careful consideration of the various provisions 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.

SB490, s. 1 Section 1 . 100.51 (5) (b) 1. of the statutes is amended to read:

SB490,2,6 100.51 (5) (b) 1. The motor vehicle displays special registration plates issued under s. 341.14 (1), (1a), (1m), or (1q) or (1r) (a) or a special identification card issued under s. 343.51 or is a motor vehicle registered in another jurisdiction and displays a registration plate, card or emblem issued by the other jurisdiction that designates that the vehicle is used by a physically disabled person.

SB490, s. 2 Section 2. 167.31 (4) (cg) 5. of the statutes is amended to read:

SB490,2,10 167.31 (4) (cg) 5. The vehicle bears special registration plates issued under s. 341.14 (1), (1a), (1e), or (1m) or (1r) or displays a sign that is at least 11 inches square on which is conspicuously written "disabled hunter".

SB490, s. 3 Section 3 . 341.13 (2) of the statutes is amended to read:

SB490,3,6 341.13 (2) In addition to the matter specified in s. 341.12 (3), the registration plates for a vehicle registered on the basis of gross weight except a dual purpose motor home or a motor home, motor truck, farm truck, or dual purpose farm truck registered under s. 341.14 (1), (1a), (1m), (1q), (1r) (a), (2), (6m), or (6r) or 341.145 (1) (a), (b), (c), (d), or (e) or a motor truck or dual purpose farm truck registered under s. 341.14 (6) shall indicate the weight class into which the vehicle falls in a manner prescribed by the department. The gross weight which determines the registration fee for a dual purpose motor home or a motor home, motor truck, farm truck, or dual purpose farm truck registered under s. 341.14 (1), (1a), (1m), (1q) , (1r) (a), (2), (6m), or (6r) or 341.145 (1) (a), (b), (c), (d), or (e) or a motor truck or dual purpose farm truck registered under s. 341.14 (6) shall be shown on its certificate of registration.

SB490, s. 4 Section 4 . 341.14 (1r) of the statutes is repealed.

Note: This Section repeals s. 341.14 (1r), which currently permits a person with a disability to obtain disabled license plates for a leased vehicle. This statutory section is no longer needed, due to the creation of s. 341.01 (2) (b), which defines a vehicle owner to include a vehicle lessee.

SB490, s. 5 Section 5 . 341.14 (8) (c) of the statutes is amended to read:

SB490,3,10 341.14 (8) (c) This subsection does not apply to a special plate issued under s. 341.14 (1) or (1r).

SB490, s. 6 Section 6. 341.625 (1) of the statutes is amended to read:

SB490,3,14 341.625 (1) Any person who fraudulently procures or uses special registration plates issued under s. 341.14 (1), (1a), (1e), (1m), or (1q) or (1r) (a) shall forfeit not less than $200 nor more than $500.

SB490, s. 7 Section 7. 346.50 (2) of the statutes is amended to read:

SB490,4,4 346.50 (2) Except as provided in sub. (3m), a motor vehicle bearing a special registration plate issued under s. 341.14 (1) or (1r) (a) to a disabled veteran or on his or her behalf is exempt from any ordinance imposing time limitations on parking in any street or highway zone and parking lot, whether municipally owned or leased, or both municipally owned and leased or a parking place owned or leased, or both owned and leased by a municipal parking utility, with one-half hour or more limitation but otherwise is subject to the laws relating to parking. Where the time limitation on a metered stall is one-half hour or more, no meter payment is required. Parking privileges granted by this subsection are limited to the disabled veteran to whom or on whose behalf the special plates were issued and to qualified operators acting under the disabled veteran's express direction with the disabled veteran present.

SB490, s. 8 Section 8. 346.50 (2a) (intro.) of the statutes is amended to read:

SB490,4,18 346.50 (2a) (intro.) Except as provided in sub. (3m), a motor vehicle bearing special registration plates issued under s. 341.14 (1a), (1e), (1m), or (1q) or (1r) (a) or a motor vehicle, other than a motorcycle, upon which a special identification card issued under s. 343.51 is displayed or a motor vehicle registered in another jurisdiction upon which is displayed a registration plate, a card or an emblem issued by the other jurisdiction designating the vehicle as a vehicle used by a physically disabled person is exempt from any ordinance imposing time limitations on parking in any street or highway zone and parking lot, whether municipally owned or leased, or both municipally owned and leased or a parking place owned or leased, or both owned and leased by a municipal parking utility, with one-half hour or more limitation but otherwise is subject to the laws relating to parking. Where the time limitation on a metered stall is one-half hour or more, no meter payment is required. Parking privileges granted by this subsection are limited to the following:

SB490, s. 9 Section 9. 346.50 (2a) (f) and (g) of the statutes are repealed.

SB490, s. 10 Section 10. 346.50 (3) of the statutes is amended to read:

SB490,5,7 346.50 (3) Except as provided in sub. (3m), a vehicle bearing special registration plates issued under s. 341.14 (1), (1a), (1e), (1m), or (1q) or (1r) (a) or a motor vehicle, other than a motorcycle, upon which a special identification card issued under s. 343.51 is displayed or a motor vehicle registered in another jurisdiction upon which is displayed a registration plate, a card or an emblem issued by the other jurisdiction designating the vehicle as a vehicle used by a person with a physical disability is exempt from s. 346.505 (2) (a) or any ordinance in conformity therewith prohibiting parking, stopping or standing upon any portion of a street, highway or parking facility reserved for persons with physical disabilities by official traffic signs indicating the restriction. Stopping, standing and parking privileges granted by this subsection are limited to the persons listed under subs. (2) and (2a) (a) to (m).

SB490, s. 11 Section 11. 346.50 (3m) (b) 1. of the statutes is amended to read:

SB490,5,16 346.50 (3m) (b) 1. Before enactment, the city council seeks the advice and recommendation of a disabled parking council of at least 7 members established by an ordinance of the city or, if the city has established a disabled parking enforcement assistance council under s. 349.145, by that council, and holds a public hearing on the proposal. The majority of the members of any disabled parking council shall be appointed by the city council from among those residents of the city to whom or on whose behalf the department has issued a special registration plate under s. 341.14 (1) to (1r) (1q) or a special identification card under s. 343.51.

SB490, s. 12 Section 12. 346.503 (1) of the statutes is amended to read:

SB490,5,24 346.503 (1) In this section, "motor vehicle used by a physically disabled person" means a motor vehicle bearing special registration plates issued under s. 341.14 (1), (1a), (1e), (1m), or (1q) or (1r) (a) or a motor vehicle, other than a motorcycle, upon which a special identification card issued under s. 343.51 is displayed or a motor vehicle registered in another jurisdiction and displaying a registration plate, card or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a physically disabled person.

SB490, s. 13 Section 13. 346.505 (2) of the statutes is amended to read:

SB490,6,9 346.505 (2) (a) Except for a motor vehicle used by a physically disabled person as defined under s. 346.503 (1), no person may park, stop or leave standing any vehicle, whether attended or unattended and whether temporarily or otherwise, upon any portion of a street, highway or parking facility reserved, by official traffic signs indicating the restriction, for vehicles displaying special registration plates issued under s. 341.14 (1), (1a), (1e), (1m), or (1q) or (1r) (a) or a special identification card issued under s. 343.51 or vehicles registered in another jurisdiction and displaying a registration plate, card or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a physically disabled person.

SB490,6,18 (b) No person may park, stop or leave standing any vehicle, whether attended or unattended and whether temporarily or otherwise, upon any portion of a street, highway or parking facility so as to obstruct, block or otherwise limit the use of any portion of a street, highway or parking facility reserved, by official traffic signs indicating the restriction, for vehicles displaying special registration plates issued under s. 341.14 (1), (1a), (1e), (1m), or (1q) or (1r) (a) or a special identification card issued under s. 343.51 or vehicles registered in another jurisdiction and displaying a registration plate, card or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a physically disabled person.

SB490,7,4 (c) Notwithstanding par. (b), no person may park, stop or leave standing any vehicle, whether attended or unattended and whether temporarily or otherwise, upon any portion of a street, highway or parking facility that is clearly marked as and intended to be an access aisle to provide entry to and exit from vehicles by persons with physical disabilities and which is immediately adjacent to any portion of a street, highway or parking facility reserved, by official traffic signs indicating the restriction, for vehicles displaying special registration plates issued under s. 341.14 (1), (1a), (1e), (1m), or (1q) or (1r) (a) or a special identification card issued under s. 343.51 or vehicles registered in another jurisdiction and displaying a registration plate, card or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a person with a physical disability.

SB490, s. 14 Section 14. 349.13 (1m) of the statutes is amended to read:

SB490,7,18 349.13 (1m) In addition to the requirements under s. 346.503 (1m), the department, with respect to state trunk highways outside of corporate limits and parking facilities under its jurisdiction, and local authorities, with respect to highways under their jurisdiction including state trunk highways or connecting highways within corporate limits and parking facilities within corporate limits, may, by official traffic signs indicating the restriction, prohibit parking, stopping or standing upon any portion of a street, highway or parking facility reserved for any vehicle bearing special registration plates issued under s. 341.14 (1), (1a), (1e), (1m), or (1q) or (1r) (a) or a motor vehicle, other than a motorcycle, upon which a special identification card issued under s. 343.51 is displayed or any vehicle registered in another jurisdiction and displaying a registration plate, card or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a physically disabled person.

SB490, s. 15 Section 15 . 349.145 of the statutes is amended to read:

SB490,8,5 349.145 Authority to establish disabled parking enforcement assistance councils. Any city, village or county may by ordinance or resolution establish a disabled parking enforcement assistance council. The majority of such a council shall be appointed by the local authorities from among those residents of the city, village or county to whom or on whose behalf the department has issued a special registration plate under s. 341.14 (1) to (1r) (1q) or a special identification card under s. 343.51. Members of such a council may report violations of s. 341.625 (1), 343.52, 346.503 or 346.505 (2) or ordinances in conformity therewith to a traffic officer of the city, village or county as provided in s. 341.625 (2), 343.52 (3), 346.503 (5) or 346.505 (3). If a 1st or 2nd class city has enacted an ordinance under s. 346.50 (3m), the council shall perform any duties required by s. 346.50 (3m).

Note: Sections 1 to 3 and Sections 5 to 15 reflect the repeal of s. 341.14 (1r) in Section 4 of this bill.

SB490,8,6 (End)