1 | 1 | | LRB-1911/1 |
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2 | 2 | | EVM:cjs |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 ASSEMBLY BILL 56 |
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5 | 5 | | February 20, 2023 - Introduced by Representatives DONOVAN, KNODL, ALLEN, |
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6 | 6 | | BALDEH, BINSFELD, DUCHOW, GUNDRUM, S. JOHNSON, KURTZ, MAXEY, MURPHY, |
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7 | 7 | | MYERS, NEDWESKI, NOVAK, O'CONNOR, ORTIZ-VELEZ, RETTINGER and STEFFEN, |
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8 | 8 | | cosponsored by Senators NASS, L. JOHNSON, BALLWEG, JACQUE and TAYLOR. |
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9 | 9 | | Referred to Committee on Criminal Justice and Public Safety. |
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10 | 10 | | ***AUTHORS SUBJECT TO CHANGE*** |
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11 | 11 | | AN ACT to repeal 349.025 (1) (b); to renumber and amend 349.01 (2); to amend |
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12 | 12 | | 349.03 (5) (a); and to create 349.01 (2) (m) and 349.115 of the statutes; relating |
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13 | 13 | | to: impoundment of vehicles used in certain reckless driving offenses. |
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14 | 14 | | Analysis by the Legislative Reference Bureau |
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15 | 15 | | Under this bill, a political subdivision may enact an ordinance authorizing law |
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16 | 16 | | enforcement officers to impound vehicles used in reckless driving offenses when the |
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17 | 17 | | person cited for reckless driving is the owner of the vehicle and has a prior reckless |
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18 | 18 | | driving conviction for which a forfeiture was imposed that has not been fully paid. |
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19 | 19 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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20 | 20 | | enact as follows: |
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21 | 21 | | SECTION 1. 349.01 (2) of the statutes is renumbered 349.01 (2) (intro.) and |
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22 | 22 | | amended to read: |
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23 | 23 | | 349.01 (2) (intro.) In this chapter, “chauffeur": |
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24 | 24 | | (b) “Chauffeur” means a person employed full time or on a regular basis, |
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25 | 25 | | including leased drivers, for the principal purpose of operating a motor vehicle. |
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33 | 33 | | 8 - 2 -2023 - 2024 Legislature LRB-1911/1 |
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34 | 34 | | EVM:cjs |
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35 | 35 | | SECTION 2 ASSEMBLY BILL 56 |
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36 | 36 | | SECTION 2. 349.01 (2) (m) of the statutes is created to read: |
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37 | 37 | | 349.01 (2) (m) “Political subdivision” means a city, village, town, or county. |
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38 | 38 | | SECTION 3. 349.025 (1) (b) of the statutes is repealed. |
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39 | 39 | | SECTION 4. 349.03 (5) (a) of the statutes is amended to read: |
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40 | 40 | | 349.03 (5) (a) Notwithstanding sub. (1), a political subdivision, as defined in |
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41 | 41 | | s. 349.025 (1) (b), may enter into a written agreement with the owner of a private road |
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42 | 42 | | or driveway within a manufactured and mobile home community, as defined in s. |
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43 | 43 | | 66.0435 (1) (cg), that is located within the boundaries of the political subdivision to |
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44 | 44 | | enforce traffic regulations under ch. 346, or local ordinances in conformity with these |
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45 | 45 | | regulations, on the private road or driveway. |
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46 | 46 | | SECTION 5. 349.115 of the statutes is created to read: |
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47 | 47 | | 349.115 Authority to impound vehicles. (1) A political subdivision may, |
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48 | 48 | | by ordinance, authorize a law enforcement officer to impound any vehicle used in the |
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49 | 49 | | commission of a violation of s. 346.62 or a local ordinance in strict conformity with |
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50 | 50 | | s. 346.62 at the time of issuing a citation for the offense if the person cited is the owner |
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51 | 51 | | of the vehicle and the person has a prior conviction for a violation of s. 346.62 or a |
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52 | 52 | | local ordinance in strict conformity with s. 346.62 for which a forfeiture was imposed |
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53 | 53 | | that has not been fully paid. The ordinance may provide for impoundment of the |
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54 | 54 | | vehicle until the person fully pays the prior forfeiture amount and makes a deposit |
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55 | 55 | | under s. 345.26 for the citation for which the vehicle was impounded. |
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56 | 56 | | (2) A political subdivision shall return to its owner a vehicle impounded under |
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57 | 57 | | sub. (1) upon payment of the prior forfeiture amount described in sub. (1) and the |
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58 | 58 | | making of a deposit under s. 345.26 for the citation for which the vehicle was |
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59 | 59 | | impounded. |
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83 | 83 | | 24 - 3 -2023 - 2024 Legislature |
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84 | 84 | | LRB-1911/1 |
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85 | 85 | | EVM:cjs |
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86 | 86 | | SECTION 5 |
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87 | 87 | | ASSEMBLY BILL 56 |
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88 | 88 | | (3) A political subdivision that has impounded a vehicle under sub. (1) may |
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89 | 89 | | dispose of the vehicle by following the same procedure as provided for disposing of |
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90 | 90 | | an abandoned vehicle under s. 342.40 if the impounded vehicle remains unclaimed |
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91 | 91 | | for more than 90 days after the disposition of the citation for which the vehicle was |
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92 | 92 | | impounded. |
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93 | 93 | | (END) |
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