Wisconsin 2021-2022 Regular Session Status: To Executive 2 R cosponsors

SB 705 — Relating to: liability exemption for motor vehicle sellers after sale.

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

31 added · 40 removed

Plain-language change summary

The updated version of Senate Bill 705 clarifies the liability protections for private sellers of motor vehicles after a sale. Previously, sellers could be liable for damages unless the formal transfer of ownership was complete, but the new amendment specifies that immunity applies even if some formalities are not finalized, as long as both parties intended to transfer ownership. This change aims to protect individual sellers from being held responsible for any accidents involving the vehicle after they have sold it, fostering more confidence in private sales. However, it maintains that this immunity does not extend to professional dealers or if the seller acted recklessly.

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- 2022 LEGISLATURE LRBs0351/1 TJD:skw SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 705 February 9, 2022 - Offered by Senator FELZKOWSKI .
- 2022 LEGISLATURE LRB-5022/1 TJD:emw SENATE BILL 705 November 19, 2021 - Introduced by Senators F ELZKOWSKI , ALLWEG and N ASS, cosponsored by Representatives DUCHOW , LOUDENBECK , ARMSTRONG , B RANDTJEN , ABRAL-G UEVARA , ORLACHER , KNODL , MOSES, RAMTHUN , PIROS, W ICHGERS , RTIZ-VELEZ and TUSLER .
A N A CT to amend 342.15 (3);
Referred to Committee on Government Operations, Legal Review and Consumer Protection.
and to create 895.491 of the statutes;
A N A CT to create 895.491 of the statutes;
The bill also applies the immunity to a circumstance in which the buyer and seller intend for ownership of the motor vehicle to be transferred to the buyer, even when certain formalities of the transfer of ownership have not occurred.
S ECTION 1.
SECTION 1.
342.15 (3) of the statutes is amended to read:
LRBs0351/1 - 2022 Legislature - 2 - TJD:skw S ECTION 1 342.15(3) Except as provided in s.
342.16 and as between the parties, a transfer by an owner is not effective until the provisions of this section have been complied with.
An owner who has delivered possession of the vehicle to the transferee and has complied with the provisions of this section is not liable as owner for any damages thereafter resulting from operation of the vehicle.
Nothing in this section limits the immunity from liability described under s.
895.491.
S ECTION 2.
(d) “Wholesale dealer” has the meaning given in s.
- 2022 Legislature - 2 - LRB-5022/1 TJD:emw SENATE BILL 705 SECTION 1 (d) “Wholesale dealer” has the meaning given in s.
(3), a seller of a motor vehicle who holds legal title to the motor vehicle and who has transferred possession of the motor vehicle to a buyer is immune from civil and criminal liability and is not responsible for local ordinance violations committed involving the motor vehicle under any of the following circumstances:
(3), a seller of a motor vehicle who holds legal title to the motor vehicle and who has transferred possession of the motor vehicle to a buyer is immune from civil and criminal liability and is not responsible for local ordinance violations committed involving the motor vehicle after the seller has signed the motor vehicle title and given the title to the buyer.
(a) The seller has signed the motor vehicle title and given the title to the buyer.
(b) Regardless of whether or not full compliance with s.
342.15 has been attained, the buyer and seller intend to transfer ownership of the vehicle to the buyer.
View plain text versions (2)

Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Read first time and referred to committee on Rules

  3. Received from Senate

  4. Ordered immediately messaged

  5. Read a third time and passed, Ayes 21, Noes 12

  6. Rules suspended

  7. Ordered to a third reading

  8. Senate Substitute Amendment 1 adopted, Ayes 21, Noes 12

  9. Senate Amendment 1 to Senate Substitute Amendment 1 rejected, Ayes 21, Noes 12

  10. Read a second time

  11. Senate Amendment 1 to Senate Substitute Amendment 1 offered by Senators Roys, Bewley, Agard and Johnson

  12. Placed on calendar 2-22-2022 pursuant to Senate Rule 18(1)

  13. Available for scheduling

  14. Report passage as amended recommended by Committee on Government Operations, Legal Review and Consumer Protection, Ayes 4, Noes 1

  15. Report adoption of Senate Substitute Amendment 1 recommended by Committee on Government Operations, Legal Review and Consumer Protection, Ayes 5, Noes 0

  16. Executive action taken

  17. Senate Substitute Amendment 1 offered by Senator Felzkowski

  18. Public hearing held

  19. Read first time and referred to Committee on Government Operations, Legal Review and Consumer Protection

  20. Introduced by Senators Felzkowski, Ballweg and Nass; cosponsored by Representatives Duchow, Loudenbeck, Armstrong, Brandtjen, Cabral-Guevara, Horlacher, Knodl, Moses, Ramthun, Spiros, Wichgers, Ortiz-Velez and Tusler

Sponsors

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 129 not signed on · 8 voted No

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (129)

129 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 21 Yea · 12 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8400
Republican 13000
Democrat 0800
Total 211200
% of votes cast 64%36%0%0%
How each member voted (33)
Member Party Vote
BALLWEG — Yea
PETROWSKI — Yea
BERNIER — Yea
ROTH — Yea
COWLES — Yea
KOOYENGA — Yea
STROEBEL — Yea
DARLING — Yea
AGARD — Nay
BEWLEY — Nay
ERPENBACH — Nay
RINGHAND — Nay
Carpenter, Tim Democrat Nay
Johnson, LaTonya Democrat Nay
Larson, Chris Democrat Nay
Pfaff, Brad Democrat Nay
Roys, Kelda Democrat Nay
Smith, Jeff Democrat Nay
Taylor, Sequanna Democrat Nay
Wirch, Robert Democrat Nay
Bradley, Julian Republican Yea
Felzkowski, Mary Republican Yea
Feyen, Dan Republican Yea
Jacque, André Republican Yea
Jagler, John Republican Yea
Kapenga, Chris Republican Yea
LeMahieu, Devin Republican Yea
Marklein, Howard Republican Yea
Nass, Steve Republican Yea
Stafsholt, Rob Republican Yea
Testin, Patrick Republican Yea
Wanggaard, Van Republican Yea
Wimberger, Eric Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 705?
SB 705 is sponsored by Nass, Steve (Republican), Ballweg, and Felzkowski, Mary (Republican).
What is the current status of SB 705?
This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 705?
Track SB 705 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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