LRB-1943/1
TNF:kmg:jf
2003 - 2004 LEGISLATURE
June 24, 2003 - Introduced by Representatives Ladwig, Gielow, Gottlieb, Hines,
Krug, Owens, Petrowski, Staskunas, Townsend
and Turner, cosponsored by
Senators Darling and Stepp. Referred to Committee on Transportation.
AB419,1,6 1An Act to renumber 345.28 (4) (e) and 345.28 (4) (h); to renumber and amend
2345.28 (4) (b) and 345.28 (4) (c); to amend 341.08 (4m), 341.10 (7m), 345.28 (3)
3(a), 345.28 (5) (a), 345.28 (5m) (a) (intro.), 345.28 (5m) (a) 3., 345.28 (5m) (d) and
4345.28 (7); and to create 345.28 (4) (a) 1m., 345.28 (4) (b) 2., 345.28 (4) (c) 2.,
5345.28 (4) (e) 2., 345.28 (4) (h) 2. and 345.28 (5r) of the statutes; relating to:
6towing and storage charges associated with nonmoving traffic violations.
Analysis by the Legislative Reference Bureau
Under current law, if the owner of a vehicle fails to pay a citation for a
nonmoving traffic violation (parking ticket) or appear in court in response to the
parking ticket, the authority may notify the Department of Transportation (DOT) to
suspend the registration of the vehicle that was ticketed or to refuse registration of
any vehicle owned by the violator or both. Vehicle registration suspension or refusal
continues until the person appears in court in response to the parking ticket or pays
the amount of the parking ticket and costs, if any, of suspending or refusing vehicle
registration. Current law also contains specific provisions regarding rented or
leased vehicles.
This bill permits the vehicle registration suspension or refusal mechanism to
be used by an authority in cases of unpaid towing and storage charges associated
with a parking ticket. The bill provides that, if the owner of a vehicle fails to pay
outstanding towing and storage charges associated with a parking ticket, the

authority may notify DOT to suspend the registration of that vehicle or to refuse
registration of any vehicle owned by the vehicle owner or both. Such vehicle
registration suspension or refusal continues until the vehicle owner pays the
outstanding towing and storage charges and costs, if any, of suspending or refusing
vehicle registration. These provisions apply to rented or leased vehicles in the same
manner as provided under current law for rented or leased vehicles and parking
tickets.
For further information see the state and 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:
AB419, s. 1 1Section 1. 341.08 (4m) of the statutes is amended to read:
AB419,3,52 341.08 (4m) At least 30 days prior to the expiration of a vehicle's registration,
3the department shall mail to the last-known address of the registrant a notice of the
4date upon which the registration must be renewed and an application form for
5renewal of registration. The application form or an accompanying document shall
6include a list of any unpaid citations for nonmoving traffic violations or any
7judgments for violation of ch. 110, 194, or 341 to 350, an administrative rule of the
8department, or an ordinance enacted in accordance with s. 349.06, including parking
9violations, and of any unpaid towing and storage charges associated with nonmoving
10traffic violations
entered against the registrant which that remain unpaid. The list
11of unpaid citations for nonmoving traffic violations and of unpaid towing and storage
12charges associated with nonmoving traffic violations
shall be based on information
13obtained under s. 345.28 (4). The list of unpaid judgments shall be based on
14information obtained under s. 345.47 (1) (d). If there is a citation for any nonmoving
15traffic violation entered against the registrant which that is unpaid, he or she shall
16be notified that the vehicle may not be registered until the citation is paid or the
17registrant appears in court to respond to the citation. If there are any towing and

1storage charges entered against the registrant that are unpaid, he or she shall be
2notified that the vehicle may not be registered until such towing and storage charges
3are paid.
If there is a judgment entered against the registrant which is unpaid, he
4or she shall be notified that the vehicle may not be registered until the judgment is
5paid.
AB419, s. 2 6Section 2. 341.10 (7m) of the statutes is amended to read:
AB419,3,117 341.10 (7m) An authority has notified the department under s. 345.28 (4) that
8a citation for a nonmoving traffic violation has been issued against the applicant and
9the applicant has not paid the citation or appeared in court to respond to the citation
10or that the applicant has not paid any towing and storage charges associated with
11a citation for a nonmoving traffic violation issued against the applicant
.
AB419, s. 3 12Section 3. 345.28 (3) (a) of the statutes is amended to read:
AB419,3,2113 345.28 (3) (a) If the person does not pay the forfeiture or appear in court in
14response to the citation for a nonmoving traffic violation on the date specified in the
15citation or, if no date is specified in the citation, within 28 days after the citation is
16issued, the authority which that issued the citation may issue a summons under s.
17968.04 (3) (b) to the person and, in lieu of or in addition to issuing the summons, may
18proceed under sub. (4) or (5) but, except as provided in this section, no warrant may
19be issued for the person. If the person does not pay any towing and storage charges
20associated with a citation for a nonmoving traffic violation, the authority that issued
21the citation may proceed under sub. (4).
AB419, s. 4 22Section 4. 345.28 (4) (a) 1m. of the statutes is created to read:
AB419,4,223 345.28 (4) (a) 1m. If the person does not pay the outstanding towing and storage
24charges associated with a nonmoving traffic violation, the authority may notify the

1department in the form and manner prescribed by the department that the towing
2and storage charges remain unpaid.
AB419, s. 5 3Section 5. 345.28 (4) (b) of the statutes is renumbered 345.28 (4) (b) 1. and
4amended to read:
AB419,4,135 345.28 (4) (b) 1. The notice to the department under par. (a) 1. shall include the
6name and last-known address of the person against whom the citation was issued,
7the date the citation was issued, the license number of the vehicle involved,
8certification that 2 notices which meet the requirements under par. (c) 1. or sub. (5m)
9(d) have been mailed to the last-known address of the person against whom the
10citation was issued and that the citation remains unpaid on the date specified in the
11citation or, if no date is specified in the citation, 28 days after the citation was issued,
12the place that the citation may be paid, the means by which the citation may be
13contested and the action the department is to take.
AB419, s. 6 14Section 6. 345.28 (4) (b) 2. of the statutes is created to read:
AB419,4,2215 345.28 (4) (b) 2. The notice to the department under par. (a) 1m. shall include
16the name and last-known address of the person against whom the outstanding
17towing and storage charges apply, the license number of the vehicle involved,
18certification that 2 notices which meet the requirements under par. (c) 2. have been
19mailed to the last-known address of the person against whom the towing and storage
20charges apply and that the towing and storage charges remain unpaid, the place
21where the towing and storage charges may be paid, and the action that the
22department is to take.
AB419, s. 7 23Section 7. 345.28 (4) (c) of the statutes is renumbered 345.28 (4) (c) 1. and
24amended to read:
AB419,5,9
1345.28 (4) (c) 1. The notices to the person required under par. (b) 1. shall be
2mailed on 2 separate days to the last-known address of the person to whom the
3citation was issued and shall include the date the citation was issued, the license
4number of the vehicle involved, the place the citation may be paid, the means by
5which the citation may be contested and the date by which the person must pay or
6contest the citation to avoid further action by the authority. The notice shall inform
7the person of the specific actions which the authority and the courts are authorized
8to take under this section if the person fails to pay the forfeiture or appear in court
9in response to the citation by the date specified in the notice.
AB419, s. 8 10Section 8. 345.28 (4) (c) 2. of the statutes is created to read:
AB419,5,2111 345.28 (4) (c) 2. The notices to the person required under par. (b) 2. shall be
12mailed on 2 separate days to the last-known address of the person to whom the
13outstanding towing and storage charges apply and shall include the license number
14of the vehicle involved, the place where the towing and storage charges may be paid,
15and the date by which the person must pay the towing and storage charges to avoid
16further action by the authority. The notice shall inform the person of the specific
17actions that the authority and the courts are authorized to take under this section
18if the person fails to pay the towing and storage charges by the date specified in the
19notice. A notice under this subdivision may be included in a notice mailed to a person
20under subd. 1. with respect to the nonmoving traffic violation associated with the
21towing and storage charges.
AB419, s. 9 22Section 9. 345.28 (4) (e) of the statutes is renumbered 345.28 (4) (e) 1.
AB419, s. 10 23Section 10. 345.28 (4) (e) 2. of the statutes is created to read:
AB419,6,624 345.28 (4) (e) 2. If the person subsequently pays the amount of the outstanding
25towing and storage charges and the costs, if any, under par. (d), the department shall

1be immediately notified in the form and manner prescribed by the department. If
2the vehicle to which the towing and storage charges apply is owned by a person
3engaged in the business of renting or leasing motor vehicles and the owner pays the
4costs, if any, under par. (d) and 50% of the amount of the outstanding towing and
5storage charges, the authority shall immediately notify the department in the form
6and manner prescribed by the department.
AB419, s. 11 7Section 11. 345.28 (4) (h) of the statutes is renumbered 345.28 (4) (h) 1.
AB419, s. 12 8Section 12. 345.28 (4) (h) 2. of the statutes is created to read:
AB419,6,149 345.28 (4) (h) 2. If an authority receives payment of 50% of the amount of the
10outstanding towing and storage charges from the owner of a leased or rented vehicle
11to which the towing and storage charges apply and receives payment of the amount
12of the outstanding towing and storage charges from the lessee or renter of the vehicle
13to which the towing and storage charges apply, the authority shall refund to the
14owner the 50% payment received.
AB419, s. 13 15Section 13. 345.28 (5) (a) of the statutes is amended to read:
AB419,6,2116 345.28 (5) (a) In lieu of the procedure under sub. (4), if the person does not pay
17the forfeiture or appear in court in response to the citation for a nonmoving traffic
18violation on the date specified in the citation or, if no date is specified in the citation,
19within 28 days after the citation was issued, the authority, after sending 2 notices
20which meet the requirements under sub. (4) (c) 1., may issue a warrant under par.
21(b) for the person.
AB419, s. 14 22Section 14. 345.28 (5m) (a) (intro.) of the statutes is amended to read:
AB419,7,223 345.28 (5m) (a) (intro.) No notice under sub. (4) (a) 1. may be sent to the
24department, or if the notice has already been sent the notice shall be canceled, and

1no further action may be taken against the owner under sub. (4) or (5) or s. 341.10
2(7m) or 341.63 (1) (c) if:
AB419, s. 15 3Section 15. 345.28 (5m) (a) 3. of the statutes is amended to read:
AB419,7,64 345.28 (5m) (a) 3. The owner of the vehicle provides the information required
5under s. 343.46 (3) for such renter or lessee to the authority who issued the citation
6within 10 days after the 2nd notice was sent to the owner under sub. (4) (c) 1.; and
AB419, s. 16 7Section 16. 345.28 (5m) (d) of the statutes is amended to read:
AB419,7,118 345.28 (5m) (d) The notices to the renter or lessee required under sub. (4) (b)
91. shall be mailed on 2 separate days to the last-known address of the renter or lessee
10and shall include the information specified in sub. (4) (c) 1. and the name of the owner
11of the vehicle.
AB419, s. 17 12Section 17. 345.28 (5r) of the statutes is created to read:
AB419,7,1613 345.28 (5r) (a) No notice under sub. (4) (a) 2. may be sent to the department,
14or if the notice has already been sent the notice shall be canceled, and no further
15action may be taken against the owner under sub. (4) or (5) or s. 341.10 (7m) or 341.63
16(1) (c) if:
AB419,7,1817 1. The vehicle to which the towing and storage charges apply is owned by a
18person engaged in the business of renting or leasing motor vehicles;
AB419,7,2019 2. At the time of the towing and storage the vehicle was in the possession of a
20renter or lessee;
AB419,7,2321 3. The owner of the vehicle provides the information required under s. 343.46
22(3) for such renter or lessee to the authority who issued the citation within 10 days
23after the 2nd notice was sent to the owner under sub. (4) (c) 2.; and
AB419,8,3
14. After being notified by the authority, the renter or lessee identified under
2subd. 3. pays the amount of the outstanding towing and storage charges within 30
3days after the 2nd notice from the authority is mailed.
AB419,8,84 (b) If the renter or lessee does not pay the amount of the outstanding towing
5and storage charges, the authority may notify the department under sub. (4) (a) 1m.
6that the towing and storage charges remain unpaid. The action which the authority
7shall specify that the department take under sub. (4) (a) 2. is limited to refusal of the
8registration of any vehicle owned by the renter or lessee.
AB419,8,139 (c) 1. If the renter or lessee does not pay the amount of the outstanding towing
10and storage charges within 30 days after the 2nd notice from the authority is mailed
11to the renter or lessee, the owner shall pay the authority 50% of the amount of the
12outstanding towing and storage charges. The authority shall notify the owner in
13writing of its responsibility for this payment.
AB419,8,1914 2. If the owner does not pay 50% of the amount of the outstanding towing and
15storage charges within 30 days after notice under subd. 1. has been mailed to the
16owner, the authority may send a notice to the department under sub. (4) (a) 1m. The
17action which the authority shall specify that the department take under sub. (4) (a)
182. is limited to suspension of the registration of the vehicle to which the towing and
19storage charges apply.
AB419,8,2320 (d) The notices to the renter or lessee required under sub. (4) (b) 2. shall be
21mailed on 2 separate days to the last-known address of the renter or lessee and shall
22include the information specified in sub. (4) (c) 2. and the name of the owner of the
23vehicle.
AB419, s. 18 24Section 18. 345.28 (7) of the statutes is amended to read:
AB419,9,10
1345.28 (7) Nothing in this section prevents a court from issuing a warrant
2under s. 345.36 or 345.37 if the person appears in court in response to a citation for
3a nonmoving traffic violation or after notice by the authority who issued the citation
4or the department under sub. (4) with respect to the citation or on the date specified
5by the officer or the court under sub. (5) and then fails to appear in court at any time
6fixed by subsequent postponement. Unless the case is tried immediately with the
7person's consent, any person who is arrested on a warrant issued under this
8subsection may be released on his or her own recognizance or on posting bond or may
9be released without bail and shall be released if the person posts cash bail for his or
10her appearance.
AB419, s. 19 11Section 19. Initial applicability.
AB419,9,1312 (1) This act first applies to towing and storage charges that remain unpaid on
13the effective date of this subsection.
AB419,9,1414 (End)
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