SB888: Bill Text

LRB-4112/5

EVM:emw

2021 - 2022 LEGISLATURE

2021 Senate BILL 888

January 21, 2022 - Introduced by Senators Petrowski, Erpenbach, Cowles, Marklein, Ringhand, Smith and Wanggaard, cosponsored by Representatives Spiros, Armstrong, Considine, Duchow, Edming, Gundrum, Pope, Wichgers and Wittke. Referred to Committee on Transportation and Local Government.

SB888,1,8 An Act to amend 341.27 (title), 341.27 (1), 341.27 (3) (intro.), 341.27 (3) (a), 341.27 (3) (b), 341.28 (title), 341.28 (1), 341.28 (2) (intro.), 341.28 (2) (a), 341.28 (2) (b), 341.28 (3), 341.28 (4) (intro.), 341.28 (4) (a), 341.28 (4) (b), 341.28 (4) (c), 341.28 (5), 341.28 (6), 341.28 (7) (intro.), 341.28 (7) (a), 341.28 (7) (b), 341.29 (title), 341.29 (1), 341.295 (title), 341.31 (title), 341.31 (1) (b) 6. and 342.15 (4) (a); and to create 341.27 (2), 341.27 (3) (c) and 341.35 (1m) of the statutes; relating to: registration periods for certain motor vehicles and reuse of registration plates.

Analysis by the Legislative Reference Bureau

Under current law, most automobiles and motor trucks having a registered weight of 8,000 pounds or less (light trucks) are registered by the Department of Transportation for a period of one year. The registration ends after the passing of a calendar year. Under this bill, most automobiles and light trucks are registered by DOT under the monthly series system of registration. In the monthly series system, there are 12 registration periods, each designated by a calendar month and beginning on the first day of the month and ending on the last day of the 12th month beginning after commencement. The registration, in general, begins on the date of registration and ends on the final day of the 12th month beginning after commencement.

Current law allows a county, town, village, or city to enact an ordinance to collect an annual registration fee for automobiles or light trucks that are customarily kept in the county, town, village, or city. Under the bill, the registration period for any county, town, village, or city motor vehicle registration must be synchronous with the DOT's registration period for that vehicle.

Also under current law, if a person transfers a motor truck, dual purpose motor home, or dual purpose farm truck with a gross weight of not more than 8,000 pounds, the owner may keep and use the vehicle's registration plates on another vehicle of the same type and gross weight. Under the bill, such plates may be used on another vehicle of the same type with a gross weight of less than 8,000 pounds, whether or not the gross weight is the same as the previous vehicle.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB888,1 Section 1. 341.27 (title) of the statutes is amended to read:

SB888,2,3 341.27 (title) Registration periods for private automobiles, certain motor trucks, and taxicabs.

SB888,2 Section 2. 341.27 (1) of the statutes is amended to read:

SB888,2,9 341.27 (1) All automobiles and motor trucks having a registered weight of 8,000 pounds or less, other than those that may be registered under s. 341.26 (2), 341.265, 341.266, 341.268, or 341.269 or are required by s. 341.29 to be registered on a calendar-year basis, shall be registered by the department according to the monthly series system of registration prescribed by this section.

SB888,3 Section 3. 341.27 (2) of the statutes is created to read:

SB888,3,2 341.27 (2) There are established 12 registration periods, each to be designated by a calendar month and, except as provided in sub. (3) (c) and s. 341.28 (7) (a), to start on the first day of the month and end on the last day of the 12th month beginning after the date of commencing. The department shall administer the monthly series system of registration to distribute the work of registering automobiles and motor trucks having a registered weight of 8,000 pounds or less as uniformly as practicable throughout the calendar year.

SB888,4 Section 4. 341.27 (3) (intro.) of the statutes is amended to read:

SB888,3,7 341.27 (3) (intro.) All automobiles and motor trucks having a registered weight of 8,000 pounds or less that are subject to the registration system under this section shall be registered by the department for a period of one year 12 consecutive months, except as follows:

SB888,5 Section 5. 341.27 (3) (a) of the statutes is amended to read:

SB888,3,18 341.27 (3) (a) If the applicant holds current registration plates that were removed from an automobile or a motor truck having a registered weight of 8,000 pounds or less that the applicant no longer owns or that has been junked, is no longer used on the highways, or has been registered as a special interest vehicle under s. 341.266 (2) (a) or a reconstructed, replica, street modified, or homemade vehicle under s. 341.268 (2) (a), and the plates were issued under the system of registration prescribed by this section, and the application is for registration of the same type of vehicle, the department shall register the automobile which or motor truck having a registered weight of 8,000 pounds or less that is the subject of the application for the remainder of the unexpired registration period.

SB888,6 Section 6. 341.27 (3) (b) of the statutes is amended to read:

SB888,4,2 341.27 (3) (b) If the applicant does not hold current registration plates under the circumstances described in par. (a) and the application is an original rather than renewal application, the The department may register the an automobile which is the subject of the application or a motor truck having a registered weight of 8,000 pounds or less for such a registration period or part thereof as other than a period of 12 consecutive months if the secretary determines that the different registration period will help to equalize the registration and renewal workload of the department or will avoid unnecessary cost or inconvenience.

SB888,7 Section 7. 341.27 (3) (c) of the statutes is created to read:

SB888,4,11 341.27 (3) (c) 1. For an application for original registration, the registration period shall include, in addition to the 12-month registration period, the period beginning on the date that a complete application for registration, including evidence of any inspection under s. 110.20 when required, accompanied by the required fee is 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 to the department with postage prepaid and continuing through the end of that month.

SB888,4,15 2. For an application for renewal of a registration that ends on a date other than the last day of a month, the registration period shall include, in addition to the 12-month registration period, the period beginning on the date that the previous registration period expires and continuing through the end of that month.

SB888,8 Section 8. 341.28 (title) of the statutes is amended to read:

SB888,4,18 341.28 (title) When part-year Part-year fees payable for private automobiles; computation of part-year fees.

SB888,9 Section 9. 341.28 (1) of the statutes is amended to read:

SB888,4,23 341.28 (1) The applicant for registration of an automobile or motor truck having a registered weight of 8,000 pounds or less under the system of registration prescribed by s. 341.27 shall pay in full the annual registration fee prescribed by law, except as otherwise provided in this section.

SB888,10 Section 10. 341.28 (2) (intro.) of the statutes is amended to read:

SB888,5,9 341.28 (2) (intro.) If the applicant for registration holds current registration plates which that were removed from an automobile which or motor truck having a registered weight of 8,000 pounds or less that the applicant no longer owns or which that has been junked, is no longer being used on the highways, or has been registered as a special interest vehicle under s. 341.266 (2) (a) or a reconstructed, replica, street modified, or homemade vehicle under s. 341.268 (2) (a), and the plates were issued under the system of registration prescribed by s. 341.27, and the application is for registration of the same type of vehicle, the applicant is exempt from the payment of a registration fee, except in the following cases:

SB888,11 Section 11. 341.28 (2) (a) of the statutes is amended to read:

SB888,5,19 341.28 (2) (a) If the annual fee prescribed for the automobile or motor truck having a registered weight of 8,000 pounds or less being registered is higher than the annual fee prescribed for the automobile or motor truck having a registered weight of 8,000 pounds or less from which the plates were removed, the applicant shall pay a fee computed on the basis of one-twelfth of the difference between the 2 annual fees multiplied by the number of months for which the automobile which or motor truck having a registered weight of 8,000 pounds or less that is the subject of the application is being registered. The start of the new registration, for the purpose of computing the fee, shall be determined in accordance with sub. (7).

SB888,12 Section 12. 341.28 (2) (b) of the statutes is amended to read:

SB888,6,12 341.28 (2) (b) If the automobile which or motor truck having a registered weight of 8,000 pounds or less that is the subject of the application was owned by the applicant at any time during the month in which the transfer, termination of the consumer lease, discontinuance of use on the highways, junking, or registration under s. 341.266 (2) (a) or 341.268 (2) (a) of the other automobile or motor truck having a registered weight of 8,000 pounds or less occurred and was not currently registered at the time of such the transfer, termination of the consumer lease, discontinuance of use on the highways, junking, or registration under s. 341.266 (2) (a) or 341.268 (2) (a), the applicant shall pay a fee to be computed as provided in subs. (3) to (5) but shall receive a credit for the unused portion of the current registration. The credit shall be computed on the basis of one-twelfth of the annual fee paid for the vehicle from which the plates were removed multiplied by the number of months remaining in the registration period represented by the removed plates, including the month during which the applicant transferred, discontinued to use on the highways, junked, or registered under s. 341.266 (2) (a) or 341.268 (2) (a) or terminated the consumer lease of the automobile or motor truck having a registered weight of 8,000 pounds or less from which the plates were removed.

SB888,13 Section 13. 341.28 (3) of the statutes is amended to read:

SB888,6,23 341.28 (3) If the applicant does not hold current registration plates under the circumstances described in sub. (2) and the automobile which or motor truck having a registered weight of 8,000 pounds or less that is the subject of the application has not previously been registered in this state by the applicant, the fee payable by the applicant shall be computed on the basis of one-twelfth of the annual fee multiplied by the number of months for which the automobile or motor truck having a registered weight of 8,000 pounds or less is being registered, with the start of such the registration period to be determined in accordance with sub. (7). If the registration period begins on a date other than the first day of a month, the department shall disregard the initial partial month in calculating the fee under this subsection.

SB888,14 Section 14. 341.28 (4) (intro.) of the statutes is amended to read:

SB888,7,7 341.28 (4) (intro.) If the applicant does not hold current registration plates under the circumstances described in sub. (2) but the automobile which or motor truck having a registered weight of 8,000 pounds or less that is the subject of the application has previously been registered in this state by the applicant, the applicant shall pay a fee covering all the time since the end of the period for which the automobile or motor truck having a registered weight of 8,000 pounds or less previously was registered unless any of the following applies:

SB888,15 Section 15. 341.28 (4) (a) of the statutes is amended to read:

SB888,7,11 341.28 (4) (a) The automobile or motor truck having a registered weight of 8,000 pounds or less in the meantime has been owned by another person or registered in another state; or.

SB888,16 Section 16. 341.28 (4) (b) of the statutes is amended to read:

SB888,7,20 341.28 (4) (b) At least 12 months have elapsed since the end of the period for which the automobile or motor truck having a registered weight of 8,000 pounds or less previously was registered and the applicant filed with the department a statement that the applicant did not during those 12 months operate or consent to the operation of such the automobile or motor truck having a registered weight of 8,000 pounds or less under circumstances making the automobile or motor truck having a registered weight of 8,000 pounds or less subject to registration in this state; or.

SB888,17 Section 17. 341.28 (4) (c) of the statutes is amended to read:

SB888,8,3 341.28 (4) (c) The automobile or motor truck having a registered weight of 8,000 pounds or less is owned by a person who has been in active military service or who is a member of the U.S. foreign service appointed under 22 USC 3942 (a) (1) or 3943 who has been in active service and less than 12 months of nonoperation have elapsed since the end of the period for which the automobile or motor truck having a registered weight of 8,000 pounds or less was previously registered, provided the applicant files with the department a statement of such nonoperation.

SB888,18 Section 18. 341.28 (5) of the statutes is amended to read:

SB888,8,9 341.28 (5) Under the circumstances described in sub. (4), the fee payable by the applicant shall be computed as prescribed in sub. (3) for an automobile or motor truck having a registered weight of 8,000 pounds or less that was not previously registered by the applicant in this state, provided that he or she first files with the department a statement of nonoperation if required to do so by sub. (7).

SB888,19 Section 19. 341.28 (6) of the statutes is amended to read:

SB888,8,14 341.28 (6) If the automobile or motor truck having a registered weight of 8,000 pounds or less being registered under the circumstances described in sub. (3) or (4) is a replacement for a registered vehicle which that has been junked, the applicant is entitled to a credit to be computed and applied in accordance with s. 341.31 (2) (b).

SB888,20 Section 20. 341.28 (7) (intro.) of the statutes is amended to read:

SB888,8,19 341.28 (7) (intro.) For the purpose of computing the registration fee payable upon registration of an automobile or motor truck having a registered weight of 8,000 pounds or less under circumstances described in subs. (2) to (4), the beginning of the current registration period shall be determined as follows:

SB888,21 Section 21. 341.28 (7) (a) of the statutes is amended to read:

SB888,9,5 341.28 (7) (a) The registration period for an automobile or motor truck having a registered weight of 8,000 pounds or less commences when on the day on which the first operation of the automobile or motor truck having a registered weight of 8,000 pounds or less under circumstances making the owner liable for its registration in this state occurs. For purposes of this paragraph, “first operation" means operation of an automobile or motor truck having a registered weight of 8,000 pounds or less for the first time after it was transferred or leased to the applicant or after it was registered in another state or after an active service refund or after the expiration of 12 months of nonoperation since expiration of the last registration in this state or after it was no longer used on the highways.

SB888,22 Section 22. 341.28 (7) (b) of the statutes is amended to read:

SB888,9,24 341.28 (7) (b) In the case of an automobile which or motor truck having a registered weight of 8,000 pounds or less that has not previously been registered or which that has not been registered in this state by the present owner since the owner last acquired ownership of the automobile or motor truck having a registered weight of 8,000 pounds or less, the department shall assume that the date of first operation within the meaning of par. (a) is the date of the bill of sale evidencing the transfer of ownership to the applicant or, with respect to a leased vehicle, the date of commencement of the lease by the applicant, unless the applicant files with the department a statement that the automobile or motor truck having a registered weight of 8,000 pounds or less was not so operated until a later date, specifying the date of such first operation. In the case of at least 12 months of nonoperation of an automobile or motor truck having a registered weight of 8,000 pounds or less previously registered by the applicant, the applicant must shall file with the department a statement that he or she did not operate or consent to the operation of the automobile or motor truck having a registered weight of 8,000 pounds or less under circumstances making it subject to registration in this state during such the 12-month period and must shall specify the date following such that period when the automobile or motor truck having a registered weight of 8,000 pounds or less was first so operated. The department may refuse to accept a statement which that projects the date of first operation into the future.

SB888,23 Section 23. 341.29 (title) of the statutes is amended to read:

SB888,10,5 341.29 (title) Registration for vehicles other than private automobiles, certain motor trucks, and taxicabs.

SB888,24 Section 24. 341.29 (1) of the statutes is amended to read:

SB888,10,12 341.29 (1) The registration period for all vehicles registered on an annual basis, other than private automobiles, motor trucks having a registered weight of 8,000 pounds or less, taxicabs, those eligible for quarterly registration under s. 341.30, and driver education vehicles, shall be determined by the secretary. The secretary may require that any of the vehicles subject to this section be registered according to the monthly series system under s. 341.295.

SB888,25 Section 25. 341.295 (title) of the statutes is amended to read:

SB888,10,15 341.295 (title) Special registration period for certain vehicles other than private automobiles and taxicabs.

SB888,26 Section 26. 341.31 (title) of the statutes is amended to read:

SB888,10,18 341.31 (title) When part-period fees payable for vehicles other than automobiles and certain motor trucks; computation of part-period fees.

SB888,27 Section 27. 341.31 (1) (b) 6. of the statutes is amended to read:

SB888,10,25 341.31 (1) (b) 6. The vehicle which that has been transferred to or leased by the applicant is a motor home or a motor truck, dual purpose motor home or dual purpose farm truck which that had been registered by the previous owner at a gross weight of 8,000 pounds or less, other than a dual purpose motor home to be registered as a motor truck, or is a farm truck which that had been registered by the previous owner at a gross weight of 12,000 pounds or less; or

SB888,28 Section 28. 341.35 (1m) of the statutes is created to read:

SB888,11,4 341.35 (1m) Registration period. A municipality or county shall establish the registration period provided by the department for the motor vehicle as the registration period for a motor vehicle registered by the municipality or county.

SB888,29 Section 29. 342.15 (4) (a) of the statutes is amended to read: