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Date of enactment: April 21, 2000
1999 Assembly Bill 444 Date of publication*: May 5, 2000
* Section 991.11, Wisconsin Statutes 1997-98: Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
1999 WISCONSIN ACT 80
An Act to repeal 340.01 (61), 341.14 (6m) (b) 2., 341.264 (3), 341.28 (2) (c), 341.28 (4) (d), 341.31 (1) (b) 7., 341.31 (6) and 342.14 (9); to renumber and amend 343.14 (5), 343.19 (2) and 345.17; to consolidate, renumber and amend 341.14 (6m) (b) (intro.) and 1.; to amend 70.112 (5), 77.995, 85.024 (2), 341.03 (2) (a), 341.04 (1) (intro.), 341.04 (3) (a), 341.06 (1) (am), 341.09 (1) (b), 341.09 (2) (g), 341.09 (2m) (a) 1. b., 341.09 (2m) (a) 2., 341.09 (9), 341.14 (1), 341.14 (1a), 341.14 (1m), 341.14 (1q), 341.14 (1r) (a), 341.14 (2), 341.14 (6) (a), 341.14 (6m) (a), 341.14 (6r) (b) 1., 341.14 (6r) (bg) 1., 341.145 (1) (a), 341.145 (1) (b), 341.145 (2) (a), 341.25 (1) (a), 341.26 (7) (b), 341.264 (1) and (2) (a), 341.28 (4) (c), 341.308 (2), 341.35 (1), 342.06 (1) (b), 342.10 (1) (d), 342.15 (4) (a), 342.30 (2), 342.34 (1) (c), 343.50 (4), 344.25 (2), 344.26 (1), 344.27 (2), 344.31, 344.33 (2), 344.46 (1), 346.10 (3), 346.195 (2) (c), 346.205 (2) (c), 346.457 (2) (c), 346.465 (2) (c), 346.485 (2) (c), 346.505 (3) (b) 3., 346.945 (2) (c), 348.25 (6) and 885.237 (2); to repeal and recreate 341.14 (6r) (g), 341.145 (5) and 341.27 (3) (a); and to create 341.405 (2m), 343.14 (5) (a), 343.14 (5) (b), 343.14 (9), 343.19 (2) (a), 343.19 (2) (b), 343.19 (4), 345.17 (1) (a), 345.17 (1) (b), 345.17 (1) (c) and 345.17 (2) of the statutes; relating to: the term "station wagon"; requests for personalized vehicle registration plates; the contents of certificates of vehicle title; motor vehicle financial responsibility laws; temporary operation plates for leased vehicles; the location of vehicle identification numbers; the expiration date of trailer fleet registration; credit and plate transfer provisions associated with the registration of automobiles; the elimination of certain replacement plate fees; registering semitrailers under the international registration plan; motor vehicles passing within 100 feet of an intersection located outside of a business or residential district; the renumbering of statutory provisions prohibiting individuals from making false statements to the department of transportation; deadlines for submitting applications and awarding grants under the bicycle and pedestrian facilities grant program; granting rule-making authority; and providing penalties (suggested as remedial legislation by the department of transportation).
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., stats. After careful consideration of the various provisions of this 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.
80,1 Section 1 . 70.112 (5) of the statutes is amended to read:
70.112 (5) Motor vehicles, bicycles, snowmobiles. Every automobile, motor bicycle, motor bus, motorcycle, motor truck, moped, road tractor, school bus, snowmobile, station wagon, truck tractor, or other similar motor vehicle, or trailer or semitrailer used in connection therewith.
Note: Sections 1 , 2, 4 to 7, 9 to 21, 24 , 25, 27 , 28, 31 , 32, 42, 47 , 49, 71 to 77 and 79 eliminate the definition of, and references to, station wagons which exist in the statutes. According to DOT, DOT does not distinguish between automobiles and station wagons for registration purposes, so the definition of, and references to, "station wagon" serves no useful purpose and should be deleted.
80,2 Section 2 . 77.995 of the statutes is amended to read:
77.995 Imposition. There is imposed a fee at the rate of 3%, or 5% for the rental of limousines, of the gross receipts on the rental, but not for rerental and not for rental as a service or repair replacement vehicle of Type 1 automobiles, as defined in s. 340.01 (4) (a); of station wagons, as defined in s. 340.01 (61); of mobile homes, as defined in s. 340.01 (29); of motor homes, as defined in s. 340.01 (33m); and of camping trailers, as defined in s. 340.01 (6m) by establishments primarily engaged in short-term rental of vehicles without drivers, for a period of 30 days or less, unless the sale is exempt from the sales tax under s. 77.54 (1), (4), (7) (a), (7m) or (9a). In this section, "limousine" means a passenger automobile that has a capacity of 10 or fewer persons, excluding the driver; that has a minimum of 5 seats behind the driver; that is operated for hire on an hourly basis under a prearranged contract for the transportation of passengers on public roads and highways along a route under the control of the person who hires the vehicle and not over a defined regular route; but "limousine" does not include taxicabs, hotel or airport shuttles or buses, buses employed solely in transporting school children or teachers, vehicles owned and operated without charge or remuneration by a business entity for its own purposes, vehicles used in carpools or vanpools, public agency vehicles that are not operated as a commercial venture, vehicles operated as part of the employment transit assistance program under s. 106.26, ambulances or any vehicle that is used exclusively in the business of funeral directing.
80,3 Section 3. 85.024 (2) of the statutes is amended to read:
85.024 (2) The department shall administer a bicycle and pedestrian facilities program to award grants of assistance to political subdivisions for the planning, development or construction of bicycle and pedestrian facilities. Annually, the The department shall award from the appropriation under s. 20.395 (2) (nx) grants to political subdivisions under this section. A political subdivision that is awarded a grant under this section shall contribute matching funds equal to at least 25% of the amount awarded under this section. The department shall select grant recipients annually beginning in 1994 from applications submitted to the department on or before April 1 of each year.
Note: This Section amends current law to allow DOT to award bicycle and pedestrian facility grants at any time during the calendar year and will eliminate the requirement that for each year's grants, all applications must be submitted on or before April 1 of each year.
80,4 Section 4 . 340.01 (61) of the statutes is repealed.
80,5 Section 5. 341.03 (2) (a) of the statutes is amended to read:
341.03 (2) (a) Any person who violates sub. (1), where the vehicle used is an automobile, station wagon or any other vehicle having a gross weight rating of 10,000 pounds or less, as determined by the manufacturer of the vehicle, may be required to forfeit not more than $200.
80,6 Section 6. 341.04 (1) (intro.) of the statutes is amended to read:
341.04 (1) (intro.) 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, submitted to a dealer under s. 341.09 (2m) for transmittal to the department or deposited in the mail properly addressed with postage prepaid and, if the vehicle is an automobile, station wagon or motor truck having a registered weight of 8,000 pounds or less, the vehicle displays a temporary operation plate issued for the vehicle unless 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.
80,7 Section 7 . 341.04 (3) (a) of the statutes is amended to read:
341.04 (3) (a) Any person who violates sub. (1) or (2), where the vehicle used is an automobile, station wagon, or any other vehicle having a gross vehicle weight rating of 10,000 pounds or less, as determined by the manufacturer of the vehicle, may be required to forfeit not more than $200.
80,8 Section 8 . 341.06 (1) (am) of the statutes is amended to read:
341.06 (1) (am) A trailer or semitrailer or camping trailer having a gross weight of 3,000 pounds or less and not used for hire or rental. The registration fee charged under this paragraph shall be the same as if the trailer or semitrailer were to be used for hire or rental the fee under s. 341.25 (1) (gd).
Note: Under current s. 341.06 (1) (am), stats., a person may register a trailer or semitrailer or camping trailer that has a gross weight of 3,000 pounds or less and is not used for hire or rental. The registration fee is the same as if it were to be used for hire or rental. Under s. 341.25 (1) (gd), stats., for each trailer or semitrailer or camping trailer that has a gross weight of 3,000 pounds or less and is used for hire or rental, the fee is 1/2 of the fee prescribed for a motor truck of the same weight. Also, under s. 341.308, stats., the owner of a fleet of 100 or more trailers each having a gross weight of 4,500 pounds or less and used for hire or rental may register the trailers for a 6-year period ending on June 30. This Section inserts a cross-reference for s. 341.25 (1) (gd), stats., under which trailers used for hire or rental are registered. This change, combined with the change made to s. 341.308 (2), stats., by Section 39 , will allow registrations for all 3 categories of trailers to expire on the same date and allow DOT to consolidate small trailer registration plates with large trailer registration plates that expire on December 31. See also the Note following Section 39.
80,9 Section 9 . 341.09 (1) (b) of the statutes is amended to read:
341.09 (1) (b) The department shall specify by rule the size, color, design, form and specifications of temporary operation plates issued under sub. (2m) or (9) for an automobile, station wagon or motor truck having a registered weight of 8,000 pounds or less, and the system to be used to identify the date of issuance of such plates. All temporary operation plates issued under sub. (2m) or (9) for an automobile, station wagon or motor truck having a registered weight of 8,000 pounds or less shall contain a registration number composed of letters or numbers.
80,10 Section 10. 341.09 (2) (g) of the statutes is amended to read:
341.09 (2) (g) A temporary operation plate may not be issued under this subsection to a state resident for use on an automobile, station wagon or motor truck having a registered weight of 8,000 pounds or less.
80,11 Section 11 . 341.09 (2m) (a) 1. b. of the statutes is amended to read:
341.09 (2m) (a) 1. b. A state resident who purchases or leases an automobile, station wagon or motor truck having a registered weight of 8,000 pounds or less from a person other than the dealer for use on such vehicle if the state resident submits to the dealer a complete application for registration of the vehicle, including evidence of any inspection under s. 110.20 when required, and for a new certificate of title for the a purchased vehicle, together with a check or money order made payable to the department for all applicable title, registration, security interest and sales tax moneys, for transmittal to the department by the dealer.
Note: Sections 11 and 12 apply the same provisions in current law regarding motor vehicle dealer issuance of temporary license plates to leased vehicles, as well as to purchased vehicles. According to DOT, these changes reflect the current prevalence of vehicle leasing arrangements. See also the Note following Section 1.
80,12 Section 12 . 341.09 (2m) (a) 2. of the statutes is amended to read:
341.09 (2m) (a) 2. Notwithstanding subd. 1., the department shall issue a sufficient number of temporary operation plates without charge to each dealer licensed in this state for issuance under this subdivision. Each dealer shall issue a temporary operation plate without charge to any state resident who purchases or leases from the dealer an automobile, station wagon or motor truck having a registered weight of 8,000 pounds or less, for use on such vehicle if the state resident submits to the dealer a complete application for registration of the vehicle, including evidence of inspection under s. 110.20 when required, and for a new certificate of title for the a purchased vehicle, together with a check or money order made payable to the department for all applicable title, registration, security interest and sales tax moneys, for transmittal to the department by the dealer.
80,13 Section 13. 341.09 (9) of the statutes is amended to read:
341.09 (9) Notwithstanding any other provision of this section, the department shall issue a temporary operation plate without charge for an automobile, station wagon or motor truck having a registered weight of 8,000 pounds or less upon receipt of a complete application accompanied by the required fee for registration of the vehicle, including evidence of any inspection under s. 110.20 when required, 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.
80,14 Section 14 . 341.14 (1) of the statutes is amended to read:
341.14 (1) If any resident of this state who is registering or has registered an automobile or station wagon, 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, a farm truck which has a gross weight of not more than 12,000 pounds or a motor home submits a statement once every 4 years, as determined by the department, from the U.S. department of veterans affairs certifying to the department that the resident is, by reason of injuries sustained while in the active U.S. military service, a person with a disability that limits or impairs the ability to walk, the department shall procure, issue and deliver to the veteran, plates of a special design in lieu of the plates which ordinarily would be issued for the vehicle, and shall renew the plates. The plates shall have a light blue background except for a white border not to exceed one inch at top and bottom, and blue lettering, except that the word "VET" and the identifying number shown on the plates shall be colored red. The plates shall be so designed as to readily apprise law enforcement officers of the fact that the vehicle is owned by a disabled veteran and is entitled to the parking privileges specified in s. 346.50 (2). No charge in addition to the registration fee shall be made for the issuance or renewal of such plates.
80,15 Section 15. 341.14 (1a) of the statutes, as affected by 1997 Wisconsin Act 67, is amended to read:
341.14 (1a) If any resident of this state, who is registering or has registered an automobile or station wagon, 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, a farm truck which has a gross weight of not more than 12,000 pounds or a motor home, submits a statement once every 4 years, as determined by the department, from a physician licensed to practice medicine in any state, from an advanced practice nurse licensed to practice nursing in any state, from a physician assistant licensed or certified to practice in any state, from a chiropractor licensed to practice chiropractic in any state or from a Christian Science practitioner residing in this state and listed in the Christian Science journal certifying to the department that the resident is a person with a disability that limits or impairs the ability to walk, the department shall procure, issue and deliver to the disabled person plates of a special design in lieu of plates which ordinarily would be issued for the vehicle, and shall renew the plates. The plates shall be so designed as to readily apprise law enforcement officers of the fact that the vehicle is owned by a nonveteran disabled person and is entitled to the parking privileges specified in s. 346.50 (2a). No charge in addition to the registration fee shall be made for the issuance or renewal of such plates.
80,16 Section 16. 341.14 (1m) of the statutes, as affected by 1997 Wisconsin Act 67, is amended to read:
341.14 (1m) If any licensed driver submits to the department a statement once every 4 years, as determined by the department, from a physician licensed to practice medicine in any state, from an advanced practice nurse licensed to practice nursing in any state, from a physician assistant licensed or certified to practice in any state, from a chiropractor licensed to practice chiropractic in any state or from a Christian Science practitioner residing in this state and listed in the Christian Science journal certifying that another person who is regularly dependent on the licensed driver for transportation is a person with a disability that limits or impairs the ability to walk, the department shall issue and deliver to the licensed driver plates of a special design in lieu of the plates which ordinarily would be issued for the automobile or station wagon, or motor truck, dual purpose motor home or dual purpose farm truck having a gross weight of not more than 8,000 pounds, farm truck having a gross weight of not more than 12,000 pounds or motor home, and shall renew the plates. The plates shall be so designed as to readily apprise law enforcement officers of the fact that the vehicle is operated by a licensed driver on whom a disabled person is regularly dependent and is entitled to the parking privileges specified in s. 346.50 (2a). No charge in addition to the registration fee may be made for the issuance or renewal of the plates. The plates shall conform to the plates required in sub. (1a).
80,17 Section 17. 341.14 (1q) of the statutes, as affected by 1997 Wisconsin Act 67, is amended to read:
341.14 (1q) If any employer who provides an automobile or station wagon, 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, a farm truck which has a gross weight of not more than 12,000 pounds or a motor home, for an employe's use submits to the department a statement once every 4 years, as determined by the department, from a physician licensed to practice medicine in any state, from an advanced practice nurse licensed to practice nursing in any state, from a physician assistant licensed or certified to practice in any state, from a chiropractor licensed to practice chiropractic in any state or from a Christian Science practitioner residing in this state and listed in the Christian Science journal certifying that the employe is a person with a disability that limits or impairs the ability to walk, the department shall issue and deliver to such employer plates of a special design in lieu of the plates which ordinarily would be issued for the vehicle, and shall renew the plates. The plates shall be so designed as to readily apprise law enforcement officers of the fact that the vehicle is operated by a disabled person and is entitled to the parking privileges specified in s. 346.50 (2a). No charge in addition to the registration fee may be made for the issuance or renewal of the plates. The plates shall conform to the plates required in sub. (1a).
80,18 Section 18. 341.14 (1r) (a) of the statutes is amended to read:
341.14 (1r) (a) If any resident of this state who is registering or has registered an automobile or station wagon, 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, a farm truck which has a gross weight of not more than 12,000 pounds or a motor home submits a statement once every 4 years, as determined by the department, certifying to the department that the vehicle is leased to a person who qualifies for special plates under sub. (1) or (1a) together with the information required under sub. (1) or (1a), the department shall issue and deliver to the resident, plates of the appropriate special design under sub. (1) or (1a) in lieu of the plates which ordinarily would be issued for the vehicle, and shall renew the plates. No charge in addition to the registration fee shall be made for the issuance or renewal of the plates. No plates may be issued and delivered to a resident under this paragraph on or after January 1, 1998.
80,19 Section 19. 341.14 (2) of the statutes is amended to read:
341.14 (2) Upon compliance with the laws relating to registration of automobiles, station wagons and motor homes; motor trucks, dual purpose motor homes and dual purpose farm trucks which have a gross weight of not more than 8,000 pounds; and farm trucks which have a gross weight of not more than 12,000 pounds, including payment of the prescribed registration fees therefor plus an additional fee of $10 when registration plates are issued accompanied by an application showing satisfactory proof that the applicant is the holder of an unexpired amateur radio station license issued by the federal communications commission, the department shall issue registration plates on which, in lieu of the usual registration number, shall be inscribed in large legible form the call letters of such applicant as assigned by the federal communications commission. The fee for reissuance of a plate under this subsection shall be $10.
80,20 Section 20. 341.14 (6) (a) of the statutes is amended to read:
341.14 (6) (a) Upon application to register an automobile or station wagon or a motor truck or dual purpose farm truck which has a gross weight of not more than 8,000 pounds by any person who was a member of any of the U.S. armed services and who was held as a prisoner of war during any of the conflicts described in s. 45.35 (5) (e) 2. to 8. or in Bosnia, Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34, and upon submission of a statement from the U.S. department of veterans affairs certifying that the person was a prisoner of war during one of the conflicts described in s. 45.35 (5) (e) 2. to 8. or in Bosnia, Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34, the department shall issue to the person a special plate which is colored red, white and blue and which has the words "ex-prisoner of war" placed on the plate in the manner designated by the department.
80,21 Section 21 . 341.14 (6m) (a) of the statutes is amended to read:
341.14 (6m) (a) Upon application to register an automobile, station wagon or motor truck which has a gross weight of not more than 8,000 pounds by any person who is a resident of this state and a member or retired member of the national guard, the department shall issue to the person special plates whose colors and design shall be determined by the department, after consultation with the adjutant general, and which have the words "Wisconsin guard member" placed on the plates in the manner designated by the department. An additional fee of $10 shall be charged for the issuance of the plates. Registration plates issued under this subsection shall expire annually.
80,22 Section 22 . 341.14 (6m) (b) (intro.) and 1. of the statutes are consolidated, renumbered 341.14 (6m) (b) and amended to read:
341.14 (6m) (b) Except as provided in par. (c), if an individual in possession of special plates under this subsection or of personalized plates under s. 341.145 (1) (b) does not maintain membership in the national guard during a year which is not a plate issuance year, the individual shall do all of the following: 1. Dispose dispose of the special plates in a manner prescribed by the department.
Note: Sections 22 , 23, 26 and 30 eliminate the $4 replacement fee that is charged when someone who is no longer eligible for certain special group plates reregisters a vehicle to a regular plate. These changes correspond to the changes in Sections 36 to 38, 40 and 41 of the bill that eliminate the provisions in current law which prohibit the owner of an automobile that is being registered with DOT from receiving credit for the unused portion of another automobile's registration or transferring the automobile's license plates to the automobile that is being registered, if these credit or plate transfer provisions have applied, within the previous 12-month period, to the automobile that is being registered.
80,23 Section 23 . 341.14 (6m) (b) 2. of the statutes is repealed.
80,24 Section 24 . 341.14 (6r) (b) 1. of the statutes is amended to read:
341.14 (6r) (b) 1. Upon application to register an automobile, station wagon or 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, by any person who is a resident of this state and a member of an authorized special group, the department shall issue to the person special plates whose colors and design shall indicate that the vehicle is owned by a person who is a member of the applicable special group.
80,25 Section 25 . 341.14 (6r) (bg) 1. of the statutes is amended to read:
341.14 (6r) (bg) 1. Upon application to register an automobile, station wagon or 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, by any person who is a resident of this state and a member of the authorized special group under par. (f) 52., the department shall issue to the person special plates whose colors and design shall indicate that the vehicle is owned by a person who is a member of that special group.
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