Date of enactment: April 3, 2023
2023 Senate Bill 92 Date of publication*: April 4, 2023
2023 WISCONSIN ACT 1
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
(2) (m) and 349.115 of the statutes; relating to: impoundment of vehicles used in certain reckless driving offenses.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 349.01 (2) of the statutes is renumbered
349.01 (2) (intro.) and amended to read:
349.01 (2) (intro.) In this chapter, “chauffeur”:
(b) “Chauffeur” means a person employed full time
or on a regular basis, including leased drivers, for the
principal purpose of operating a motor vehicle.
SECTION 2. 349.01 (2) (m) of the statutes is created
to read:
349.01 (2) (m) “Political subdivision” means a city,
village, town, or county.
SECTION 3. 349.025 (1) (b) of the statutes is repealed.
SECTION 4. 349.03 (5) (a) of the statutes is amended
to read:
349.03 (5) (a) Notwithstanding sub. (1), a political
subdivision, as defined in s. 349.025 (1) (b), may enter
into a written agreement with the owner of a private road
or driveway within a manufactured and mobile home
community, as defined in s. 66.0435 (1) (cg), that is
located within the boundaries of the political subdivision
to enforce traffic regulations under ch. 346, or local ordi-
nances in conformity with these regulations, on the pri-
vate road or driveway.
SECTION 5. 349.115 of the statutes is created to read:
349.115 Authority to impound vehicles. (1) A
political subdivision may, by ordinance, authorize a law
enforcement officer to impound any vehicle used in the
commission of a violation of s. 346.62 or a local ordi-
nance in strict conformity with s. 346.62 at the time of
issuing a citation for the offense if the person cited is the
owner of the vehicle and the person has a prior conviction
for a violation of s. 346.62 or a local ordinance in strict
conformity with s. 346.62 for which a forfeiture was
imposed that has not been fully paid. The ordinance may
provide for impoundment of the vehicle until the person
fully pays the prior forfeiture amount and reasonable
costs of impounding the vehicle, including towing or
other transportation costs and storage costs.
(2) A political subdivision shall return to its owner a
vehicle impounded under sub. (1) upon payment of the
amount required under the ordinance.
(3) A political subdivision that has impounded a
vehicle under sub. (1) may dispose of the vehicle by
following the same procedure as provided for dispos-
ing of an abandoned vehicle under s. 342.40 if the
impounded vehicle remains unclaimed for more than
90 days after the disposition of the citation for which
the vehicle was impounded.
* 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
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”