2025 - 2026 LEGISLATURE
LRB-1530/1
EVM:emw&skw
2025 ASSEMBLY BILL 78
February 28, 2025 - Introduced by Representatives DONOVAN, RODRIGUEZ, ALLEN,
DITTRICH, DUCHOW, GOODWIN, GUNDRUM, KNODL, MAXEY, MELOTIK,
MURPHY, MURSAU, NOVAK, O'CONNOR, ORTIZ-VELEZ, PENTERMAN,
PIWOWARCZYK, STEFFEN, TITTL, TUSLER and WICHGERS, cosponsored by
Senators WANGGAARD and TOMCZYK. Referred to Committee on Criminal
Justice and Public Safety.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 349.115 (1) and 349.115 (3); to create 349.115 (1m) of the
statutes; relating to: impoundment of vehicles used in certain reckless
driving offenses.
Analysis by the Legislative Reference Bureau
Under current law, a political subdivision may enact an ordinance authorizing
law enforcement officers to impound vehicles used in reckless driving offenses if the
person cited for reckless driving is the owner of the vehicle and the person has a
prior reckless driving conviction for which a forfeiture was imposed that has not
been fully paid. Under this bill, such an ordinance may authorize the impoundment
of any vehicle used in a reckless driving offense regardless of ownership of the
vehicle or prior record of the operator. The bill also provides that a local ordinance
may authorize impounding such a vehicle until outstanding fines and forfeitures
owed by the vehicle[s owner are fully paid.
Also under the bill, upon impounding a vehicle under such an ordinance, the
law enforcement officer must attempt to determine if the vehicle has been reported
as stolen, and if so, the officer or the impounding political subdivision must attempt
to contact the owner. If the vehicle is reported as stolen, the vehicle must be
released to the owner without the payment of a fee or charge.
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SECTION 1
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 349.115 (1) of the statutes is amended to read:
349.115 (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 ordinance 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, and
any outstanding fine or forfeiture owed by the owner of the vehicle are fully paid.
SECTION 2. 349.115 (1m) of the statutes is created to read:
349.115 (1m) Upon impounding a vehicle under sub. (1), a law enforcement
officer shall make a reasonable effort to determine if the vehicle has been reported
as stolen. If the officer determines that the vehicle has been reported as stolen, the
officer or political subdivision shall make a reasonable attempt to contact the
owner. Notwithstanding sub. (2), the political subdivision shall return to its owner
a vehicle reported as stolen and impounded under sub. (1) without the payment of a
fee or charge. If a vehicle reported as stolen remains unclaimed for more than 60
days after impoundment, the political subdivision may dispose of the vehicle
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SECTION 2
following the same procedure as provided for disposing of an abandoned vehicle
under s. 342.40.
SECTION 3. 349.115 (3) of the statutes is amended to read:
349.115 (3) A Subject to sub. (1m), a political subdivision that has
impounded a vehicle under sub. (1) may dispose of the vehicle by following the same
procedure as provided for disposing 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.
(END)
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