2023 Wisconsin Act 45

* Section 991.11, Wisconsin Statutes: 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.”

  Date of enactment: December 6, 2023
2023 Senate Bill 124   Date of publication*: December 7, 2023

2023 WISCONSIN ACT 45

An Act to amend 341.09 (2m) (a) 2. and 341.09 (2m) (d); and to create 341.09 (2m) (a) 1m. and 341.09 (10) of the statutes; relating to: issuance of temporary motor vehicle operation plates and permits to dealers and providing a penalty.

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

45,1 Section 1. 341.09 (2m) (a) 1m. of the statutes is created to read:

341.09 (2m) (a) 1m. The department shall issue temporary operation plates and temporary permits to a dealer under this subsection solely in an electronic format.

45,2 Section 2. 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 and temporary permits without charge to each dealer licensed in this state for issuance under this subdivision. Each dealer shall issue a temporary operation plate or a temporary permit without charge to any state resident who purchases or leases from the dealer an automobile 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 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.

45,3 Section 3. 341.09 (2m) (d) of the statutes is amended to read:

341.09 (2m) (d) If the department determines that a dealer has misused temporary operation plates or permits issued under this subsection or sub. (4) or has failed to comply with the requirements of this section or rules issued under this section, the department may issue an order the dealer to return all temporary operation plates and permits in the dealer’s possession prohibiting the dealer from issuing temporary operation plates or permits. Within 30 days after the issuance of the order, the dealer may request a hearing before the division of hearings and appeals. The division of hearings and appeals shall schedule a hearing with reasonable promptness. The dealer may not issue any temporary operation plates or permits until after the division of hearings and appeals holds its scheduled hearing and issues its findings.

45,4 Section 4. 341.09 (10) of the statutes is created to read:

341.09 (10) A dealer that violates sub. (2m) (a) or any rule promulgated under this section or that misuses temporary operation plates or permits issued under sub. (2m) (a) may be required to forfeit not less than $500 nor more than $5,000.