Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB92 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	Date of enactment: April 3, 2023
2		-	2023 Senate Bill 92 Date of publication*: April 4, 2023
3		-	2023 WISCONSIN ACT 1
4		-	AN ACT to repeal 349.025 (1) (b); to renumber and amend 349.01 (2); to amend 349.03 (5) (a); and to create 349.01
5		-	(2) (m) and 349.115 of the statutes; relating to: impoundment of vehicles used in certain reckless driving offenses.
6		-	The people of the state of Wisconsin, represented in
7		-	senate and assembly, do enact as follows:
8		-	SECTION 1. 349.01 (2) of the statutes is renumbered
9		-	349.01 (2) (intro.) and amended to read:
10		-	349.01 (2) (intro.) In this chapter, “chauffeur”:
11		-	(b) “Chauffeur” means a person employed full time
12		-	or on a regular basis, including leased drivers, for the
13		-	principal purpose of operating a motor vehicle.
14		-	SECTION 2. 349.01 (2) (m) of the statutes is created
15		-	to read:
16		-	349.01 (2) (m) “Political subdivision” means a city,
17		-	village, town, or county.
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 SENATE BILL 92
	5	+	March 1, 2023 - Introduced by Senators NASS, L. JOHNSON, BALLWEG, JACQUE and
	6	+	TAYLOR, cosponsored by Representatives DONOVAN, KNODL, ALLEN, BALDEH,
	7	+	BINSFELD, DUCHOW, GUNDRUM, S. JOHNSON, KURTZ, MAXEY, MURPHY, MYERS,
	8	+	NEDWESKI, NOVAK, O'CONNOR, ORTIZ-VELEZ, RETTINGER, STEFFEN and
	9	+	WICHGERS. Referred to Committee on Judiciary and Public Safety.
	10	+	AN ACT to repeal 349.025 (1) (b); to renumber and amend 349.01 (2); to amend
	11	+	349.03 (5) (a); and to create 349.01 (2) (m) and 349.115 of the statutes; relating
	12	+	to: impoundment of vehicles used in certain reckless driving offenses.
	13	+	Analysis by the Legislative Reference Bureau
	14	+	Under this bill, a political subdivision may enact an ordinance authorizing law
	15	+	enforcement officers to impound vehicles used in reckless driving offenses when the
	16	+	person cited for reckless driving is the owner of the vehicle and has a prior reckless
	17	+	driving conviction for which a forfeiture was imposed that has not been fully paid.
	18	+	The people of the state of Wisconsin, represented in senate and assembly, do
	19	+	enact as follows:
	20	+	SECTION 1. 349.01 (2) of the statutes is renumbered 349.01 (2) (intro.) and
	21	+	amended to read:
	22	+	349.01 (2) (intro.) In this chapter, “chauffeur":
	23	+	(b) “Chauffeur” means a person employed full time or on a regular basis,
	24	+	including leased drivers, for the principal purpose of operating a motor vehicle.
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	34	+	SECTION 2 SENATE BILL 92
	35	+	SECTION 2. 349.01 (2) (m) of the statutes is created to read:
	36	+	349.01 (2) (m) “Political subdivision” means a city, village, town, or county.
18	37		SECTION 3. 349.025 (1) (b) of the statutes is repealed.
19		-	SECTION 4. 349.03 (5) (a) of the statutes is amended
20		-	to read:
21		-	349.03 (5) (a) Notwithstanding sub. (1), a political
22		-	subdivision, as defined in s. 349.025 (1) (b), may enter
23		-	into a written agreement with the owner of a private road
24		-	or driveway within a manufactured and mobile home
25		-	community, as defined in s. 66.0435 (1) (cg), that is
26		-	located within the boundaries of the political subdivision
27		-	to enforce traffic regulations under ch. 346, or local ordi-
28		-	nances in conformity with these regulations, on the pri-
29		-	vate road or driveway.
	38	+	SECTION 4. 349.03 (5) (a) of the statutes is amended to read:
	39	+	349.03 (5) (a) Notwithstanding sub. (1), a political subdivision, as defined in
	40	+	s. 349.025 (1) (b), may enter into a written agreement with the owner of a private road
	41	+	or driveway within a manufactured and mobile home community, as defined in s.
	42	+	66.0435 (1) (cg), that is located within the boundaries of the political subdivision to
	43	+	enforce traffic regulations under ch. 346, or local ordinances in conformity with these
	44	+	regulations, on the private road or driveway.
30	45		SECTION 5. 349.115 of the statutes is created to read:
31		-	349.115 Authority to impound vehicles. (1) A
32		-	political subdivision may, by ordinance, authorize a law
33		-	enforcement officer to impound any vehicle used in the
34		-	commission of a violation of s. 346.62 or a local ordi-
35		-	nance in strict conformity with s. 346.62 at the time of
36		-	issuing a citation for the offense if the person cited is the
37		-	owner of the vehicle and the person has a prior conviction
38		-	for a violation of s. 346.62 or a local ordinance in strict
39		-	conformity with s. 346.62 for which a forfeiture was
40		-	imposed that has not been fully paid. The ordinance may
41		-	provide for impoundment of the vehicle until the person
42		-	fully pays the prior forfeiture amount and reasonable
43		-	costs of impounding the vehicle, including towing or
44		-	other transportation costs and storage costs.
45		-	(2) A political subdivision shall return to its owner a
46		-	vehicle impounded under sub. (1) upon payment of the
47		-	amount required under the ordinance.
48		-	(3) A political subdivision that has impounded a
49		-	vehicle under sub. (1) may dispose of the vehicle by
50		-	following the same procedure as provided for dispos-
51		-	ing of an abandoned vehicle under s. 342.40 if the
52		-	impounded vehicle remains unclaimed for more than
53		-	90 days after the disposition of the citation for which
54		-	the vehicle was impounded.
55		-	* 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
56		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”
	46	+	349.115 Authority to impound vehicles. (1) A political subdivision may,
	47	+	by ordinance, authorize a law enforcement officer to impound any vehicle used in the
	48	+	commission of a violation of s. 346.62 or a local ordinance in strict conformity with
	49	+	s. 346.62 at the time of issuing a citation for the offense if the person cited is the owner
	50	+	of the vehicle and the person has a prior conviction for a violation of s. 346.62 or a
	51	+	local ordinance in strict conformity with s. 346.62 for which a forfeiture was imposed
	52	+	that has not been fully paid. The ordinance may provide for impoundment of the
	53	+	vehicle until the person fully pays the prior forfeiture amount and makes a deposit
	54	+	under s. 345.26 for the citation for which the vehicle was impounded.
	55	+	(2) A political subdivision shall return to its owner a vehicle impounded under
	56	+	sub. (1) upon payment of the prior forfeiture amount described in sub. (1) and the
	57	+	making of a deposit under s. 345.26 for the citation for which the vehicle was
	58	+	impounded.
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	85	+	SECTION 5
	86	+	SENATE BILL 92
	87	+	(3) A political subdivision that has impounded a vehicle under sub. (1) may
	88	+	dispose of the vehicle by following the same procedure as provided for disposing of
	89	+	an abandoned vehicle under s. 342.40 if the impounded vehicle remains unclaimed
	90	+	for more than 90 days after the disposition of the citation for which the vehicle was
	91	+	impounded.
	92	+	(END)
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