Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB122 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 122
5	5	March 24, 2023 - Introduced by Representatives SNYDER, O'CONNOR, SPIROS and
6	6	SUBECK, cosponsored by Senators COWLES, PFAFF, BALLWEG, CABRAL-GUEVARA,
7	7	CARPENTER, SPREITZER, TAYLOR and WANGGAARD. Referred to Committee on
8	8	Transportation.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to amend 341.09 (2m) (a) 2. and 341.09 (2m) (d); and to create 341.09
11	11	(2m) (a) 1m. and 341.09 (10) of the statutes; relating to: issuance of temporary
12	12	motor vehicle operation plates and permits to dealers and providing a penalty.
13	13	Analysis by the Legislative Reference Bureau
14	14	Under current law, with limited exceptions, a vehicle subject to registration by
15	15	the Department of Transportation may not be operated upon a highway in this state
16	16	unless the vehicle is registered or an application for vehicle registration has been
17	17	mailed or delivered to DOT or delivered to a motor vehicle dealer and, except for a
18	18	vehicle being operated within two business days of its sale or transfer, the vehicle
19	19	displays a temporary operation plate.
20	20	Also under current law, DOT must issue certain temporary operation plates,
21	21	and may issue other temporary operation plates and permits, for unregistered
22	22	vehicles. Temporary operation plates are generally valid for a period of 90 days or
23	23	until the person receives regular registration plates, whichever occurs first.
24	24	Currently, DOT must issue a sufficient number of temporary operation plates and
25	25	permits to each motor vehicle dealer licensed in this state for issuance to state
26	26	residents who purchase or lease certain types of motor vehicles, including
27	27	automobiles and light trucks.
28	28	This bill eliminates the requirement that DOT provide physical temporary
29	29	operation plates and permits to motor vehicle dealers and requires DOT to issue
30	30	these temporary operation plates and permits to motor vehicle dealers solely in an
31	31	electronic format.
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36	36	ASSEMBLY BILL 122
37	37	Current law provides that, if DOT determines that a motor vehicle dealer has
38	38	misused temporary operation plates or permits or has violated requirements related
39	39	to the issuance of these plates or permits, DOT may require the dealer to return any
40	40	unused temporary operation plates or permits. The bill eliminates this consequence
41	41	and, instead, allows DOT to issue an order prohibiting an erring dealer from issuing
42	42	temporary operation plates or permits. The bill also provides that a dealer who has
43	43	misused temporary operation plates or permits or who has violated requirements
44	44	related to the issuance of these plates or permits may be required to forfeit not less
45	45	than $500 nor more than $5,000.
46	46	For further information see the state fiscal estimate, which will be printed as
47	47	an appendix to this bill.
48	48	The people of the state of Wisconsin, represented in senate and assembly, do
49	49	enact as follows:
50	50	SECTION 1. 341.09 (2m) (a) 1m. of the statutes is created to read:
51	51	341.09 (2m) (a) 1m. The department shall issue temporary operation plates
52	52	and temporary permits to a dealer under this subsection solely in an electronic
53	53	format.
54	54	SECTION 2. 341.09 (2m) (a) 2. of the statutes is amended to read:
55	55	341.09 (2m) (a) 2. Notwithstanding subd. 1., the department shall issue a
56	56	sufficient number of temporary operation plates and temporary permits without
57	57	charge to each dealer licensed in this state for issuance under this subdivision. Each
58	58	dealer shall issue a temporary operation plate or a temporary permit without charge
59	59	to any state resident who purchases or leases from the dealer an automobile or motor
60	60	truck having a registered weight of 8,000 pounds or less, for use on such vehicle if
61	61	the state resident submits to the dealer a complete application for registration of the
62	62	vehicle, including evidence of inspection under s. 110.20 when required, and for a
63	63	new certificate of title for a purchased vehicle, together with a check or money order
64	64	made payable to the department for all applicable title, registration, security
65	65	interest, and sales tax moneys, for transmittal to the department by the dealer.
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84	84	SECTION 3
85	85	ASSEMBLY BILL 122
86	86	SECTION 3. 341.09 (2m) (d) of the statutes is amended to read:
87	87	341.09 (2m) (d) If the department determines that a dealer has misused
88	88	temporary operation plates or permits issued under this subsection or sub. (4) or has
89	89	failed to comply with the requirements of this section or rules issued under this
90	90	section, the department may issue an order the dealer to return all temporary
91	91	operation plates and permits in the dealer's possession prohibiting the dealer from
92	92	issuing temporary operation plates or permits. Within 30 days after the issuance of
93	93	the order, the dealer may request a hearing before the division of hearings and
94	94	appeals. The division of hearings and appeals shall schedule a hearing with
95	95	reasonable promptness. The dealer may not issue any temporary operation plates
96	96	or permits until after the division of hearings and appeals holds its scheduled
97	97	hearing and issues its findings.
98	98	SECTION 4. 341.09 (10) of the statutes is created to read:
99	99	341.09 (10) A dealer that violates sub. (2m) (a) or any rule promulgated under
100	100	this section or that misuses temporary operation plates or permits issued under sub.
101	101	(2m) (a) may be required to forfeit not less than $500 nor more than $5,000.
102	102	(END)
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