1 | 1 | | 2025 - 2026 LEGISLATURE |
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2 | 2 | | LRB-2000/1 |
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3 | 3 | | EVM:emw&skw |
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4 | 4 | | 2025 SENATE BILL 65 |
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5 | 5 | | February 21, 2025 - Introduced by Senators WANGGAARD and TOMCZYK, |
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6 | 6 | | cosponsored by Representatives DONOVAN, RODRIGUEZ, ALLEN, DITTRICH, |
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7 | 7 | | DUCHOW, GOODWIN, GUNDRUM, KNODL, MAXEY, MELOTIK, MURPHY, MURSAU, |
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8 | 8 | | NOVAK, O'CONNOR, ORTIZ-VELEZ, PENTERMAN, PIWOWARCZYK, STEFFEN, |
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9 | 9 | | TITTL, TUSLER and WICHGERS. Referred to Committee on Judiciary and Public |
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10 | 10 | | Safety. |
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11 | 11 | | AN ACT to amend 349.115 (1) and 349.115 (3); to create 349.115 (1m) of the |
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12 | 12 | | statutes; relating to: impoundment of vehicles used in certain reckless |
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13 | 13 | | driving offenses. |
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14 | 14 | | Analysis by the Legislative Reference Bureau |
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15 | 15 | | Under current law, a political subdivision may enact an ordinance authorizing |
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16 | 16 | | law enforcement officers to impound vehicles used in reckless driving offenses if the |
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17 | 17 | | person cited for reckless driving is the owner of the vehicle and the person has a |
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18 | 18 | | prior reckless driving conviction for which a forfeiture was imposed that has not |
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19 | 19 | | been fully paid. Under this bill, such an ordinance may authorize the impoundment |
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20 | 20 | | of any vehicle used in a reckless driving offense regardless of ownership of the |
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21 | 21 | | vehicle or prior record of the operator. The bill also provides that a local ordinance |
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22 | 22 | | may authorize impounding such a vehicle until outstanding fines and forfeitures |
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23 | 23 | | owed by the vehicle[s owner are fully paid. |
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24 | 24 | | Also under the bill, upon impounding a vehicle under such an ordinance, the |
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25 | 25 | | law enforcement officer must attempt to determine if the vehicle has been reported |
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26 | 26 | | as stolen, and if so, the officer or the impounding political subdivision must attempt |
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27 | 27 | | to contact the owner. If the vehicle is reported as stolen, the vehicle must be |
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28 | 28 | | released to the owner without the payment of a fee or charge. |
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31 | 31 | | 3 2025 - 2026 Legislature |
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32 | 32 | | SENATE BILL 65 |
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33 | 33 | | - 2 - LRB-2000/1 |
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34 | 34 | | EVM:emw&skw |
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35 | 35 | | For further information see the local fiscal estimate, which will be printed as |
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36 | 36 | | an appendix to this bill. |
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37 | 37 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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38 | 38 | | enact as follows: |
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39 | 39 | | SECTION 1. 349.115 (1) of the statutes is amended to read: |
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40 | 40 | | 349.115 (1) A political subdivision may, by ordinance, authorize a law |
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41 | 41 | | enforcement officer to impound any vehicle used in the commission of a violation of |
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42 | 42 | | s. 346.62 or a local ordinance in strict conformity with s. 346.62 at the time of |
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43 | 43 | | issuing a citation for the offense if the person cited is the owner of the vehicle and |
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44 | 44 | | the person has a prior conviction for a violation of s. 346.62 or a local ordinance in |
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45 | 45 | | strict conformity with s. 346.62 for which a forfeiture was imposed that has not been |
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46 | 46 | | fully paid. The ordinance may provide for impoundment of the vehicle until the |
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47 | 47 | | person fully pays the prior forfeiture amount and reasonable costs of impounding |
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48 | 48 | | the vehicle, including towing or other transportation costs and storage costs, and |
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49 | 49 | | any outstanding fine or forfeiture owed by the owner of the vehicle are fully paid. |
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50 | 50 | | SECTION 2. 349.115 (1m) of the statutes is created to read: |
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51 | 51 | | 349.115 (1m) Upon impounding a vehicle under sub. (1), a law enforcement |
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52 | 52 | | officer shall make a reasonable effort to determine if the vehicle has been reported |
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53 | 53 | | as stolen. If the officer determines that the vehicle has been reported as stolen, the |
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54 | 54 | | officer or political subdivision shall make a reasonable attempt to contact the |
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55 | 55 | | owner. Notwithstanding sub. (2), the political subdivision shall return to its owner |
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56 | 56 | | a vehicle reported as stolen and impounded under sub. (1) without the payment of a |
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57 | 57 | | fee or charge. If a vehicle reported as stolen remains unclaimed for more than 60 |
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58 | 58 | | days after impoundment, the political subdivision may dispose of the vehicle |
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78 | 78 | | 20 2025 - 2026 Legislature |
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79 | 79 | | SENATE BILL 65 |
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80 | 80 | | - 3 - LRB-2000/1 |
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81 | 81 | | EVM:emw&skw |
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82 | 82 | | SECTION 2 |
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83 | 83 | | following the same procedure as provided for disposing of an abandoned vehicle |
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84 | 84 | | under s. 342.40. |
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85 | 85 | | SECTION 3. 349.115 (3) of the statutes is amended to read: |
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86 | 86 | | 349.115 (3) A Subject to sub. (1m), a political subdivision that has |
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87 | 87 | | impounded a vehicle under sub. (1) may dispose of the vehicle by following the same |
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88 | 88 | | procedure as provided for disposing of an abandoned vehicle under s. 342.40 if the |
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89 | 89 | | impounded vehicle remains unclaimed for more than 90 days after the disposition of |
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90 | 90 | | the citation for which the vehicle was impounded. |
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91 | 91 | | (END) |
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