| 1 | 1 | | LRB-2472/1 |
|---|
| 2 | 2 | | KRP:skw |
|---|
| 3 | 3 | | 2023 - 2024 LEGISLATURE |
|---|
| 4 | 4 | | 2023 ASSEMBLY BILL 669 |
|---|
| 5 | 5 | | November 27, 2023 - Introduced by Representatives DUCHOW, ARMSTRONG, BEHNKE, |
|---|
| 6 | 6 | | DITTRICH, EMERSON, KITCHENS, MAGNAFICI, MURPHY, MURSAU, NEDWESKI, |
|---|
| 7 | 7 | | O'CONNOR, ORTIZ-VELEZ, RODRIGUEZ and WICHGERS, cosponsored by Senators |
|---|
| 8 | 8 | | FELZKOWSKI, BALLWEG, NASS and TAYLOR. Referred to Committee on Consumer |
|---|
| 9 | 9 | | Protection. |
|---|
| 10 | 10 | | ***AUTHORS SUBJECT TO CHANGE*** |
|---|
| 11 | 11 | | AN ACT to amend 342.15 (3); and to create 895.491 of the statutes; relating to: |
|---|
| 12 | 12 | | a liability exemption for motor vehicle sellers after sale. |
|---|
| 13 | 13 | | Analysis by the Legislative Reference Bureau |
|---|
| 14 | 14 | | Under this bill, a seller of a motor vehicle who holds legal title to the motor |
|---|
| 15 | 15 | | vehicle and has transferred possession of the motor vehicle to a buyer is immune |
|---|
| 16 | 16 | | from civil and criminal liability and is not responsible for local ordinance violations |
|---|
| 17 | 17 | | committed involving the motor vehicle after the seller has signed the motor vehicle |
|---|
| 18 | 18 | | title and given it to the buyer. The bill also applies the immunity to a circumstance |
|---|
| 19 | 19 | | in which the buyer and seller intend for ownership of the motor vehicle to be |
|---|
| 20 | 20 | | transferred to the buyer, even when certain formalities of the transfer of ownership |
|---|
| 21 | 21 | | have not occurred. The immunity provided under the bill does not apply if death or |
|---|
| 22 | 22 | | injury was caused by the seller's willful or wanton acts or omissions. The immunity |
|---|
| 23 | 23 | | under the bill also does not apply to motor vehicle or wholesale dealers. |
|---|
| 24 | 24 | | The people of the state of Wisconsin, represented in senate and assembly, do |
|---|
| 25 | 25 | | enact as follows: |
|---|
| 26 | 26 | | SECTION 1. 342.15 (3) of the statutes is amended to read: |
|---|
| 27 | 27 | | 342.15 (3) Except as provided in s. 342.16 and as between the parties, a transfer |
|---|
| 28 | 28 | | by an owner is not effective until the provisions of this section have been complied |
|---|
| 29 | 29 | | 1 |
|---|
| 30 | 30 | | 2 |
|---|
| 31 | 31 | | 3 |
|---|
| 32 | 32 | | 4 |
|---|
| 33 | 33 | | 5 - 2 -2023 - 2024 Legislature LRB-2472/1 |
|---|
| 34 | 34 | | KRP:skw |
|---|
| 35 | 35 | | SECTION 1 ASSEMBLY BILL 669 |
|---|
| 36 | 36 | | with. An owner who has delivered possession of the vehicle to the transferee and has |
|---|
| 37 | 37 | | complied with the provisions of this section is not liable as owner for any damages |
|---|
| 38 | 38 | | thereafter resulting from operation of the vehicle. Nothing in this section limits the |
|---|
| 39 | 39 | | immunity from liability described under s. 895.491. |
|---|
| 40 | 40 | | SECTION 2. 895.491 of the statutes is created to read: |
|---|
| 41 | 41 | | 895.491 Liability exemption; vehicle seller after sale. (1) In this section: |
|---|
| 42 | 42 | | (a) “Motor vehicle” has the meaning given in s. 340.01 (35). |
|---|
| 43 | 43 | | (b) “Motor vehicle dealer” has the meaning given in s. 218.0101 (23) (a) 2. |
|---|
| 44 | 44 | | (c) “Seller” does not include a motor vehicle dealer or wholesale dealer. |
|---|
| 45 | 45 | | (d) “Wholesale dealer” has the meaning given in s. 218.0101 (38). |
|---|
| 46 | 46 | | (2) Except as provided under sub. (3), a seller of a motor vehicle who holds legal |
|---|
| 47 | 47 | | title to the motor vehicle and who has transferred possession of the motor vehicle to |
|---|
| 48 | 48 | | a buyer is immune from civil and criminal liability and is not responsible for local |
|---|
| 49 | 49 | | ordinance violations committed involving the motor vehicle under any of the |
|---|
| 50 | 50 | | following circumstances: |
|---|
| 51 | 51 | | (a) The seller has signed the motor vehicle title and given the title to the buyer. |
|---|
| 52 | 52 | | (b) Regardless of whether full compliance with s. 342.15 has been attained, the |
|---|
| 53 | 53 | | buyer and seller intend to transfer ownership of the motor vehicle to the buyer. |
|---|
| 54 | 54 | | (3) Immunity under this section does not apply if death or injury was caused |
|---|
| 55 | 55 | | by willful or wanton acts or omissions by the seller. |
|---|
| 56 | 56 | | (END) |
|---|
| 57 | 57 | | 1 |
|---|
| 58 | 58 | | 2 |
|---|
| 59 | 59 | | 3 |
|---|
| 60 | 60 | | 4 |
|---|
| 61 | 61 | | 5 |
|---|
| 62 | 62 | | 6 |
|---|
| 63 | 63 | | 7 |
|---|
| 64 | 64 | | 8 |
|---|
| 65 | 65 | | 9 |
|---|
| 66 | 66 | | 10 |
|---|
| 67 | 67 | | 11 |
|---|
| 68 | 68 | | 12 |
|---|
| 69 | 69 | | 13 |
|---|
| 70 | 70 | | 14 |
|---|
| 71 | 71 | | 15 |
|---|
| 72 | 72 | | 16 |
|---|
| 73 | 73 | | 17 |
|---|
| 74 | 74 | | 18 |
|---|
| 75 | 75 | | 19 |
|---|
| 76 | 76 | | 20 |
|---|
| 77 | 77 | | 21 |
|---|