SB9: Bill Text

LRB-2351/1

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1995 - 1996 LEGISLATURE

1995 Senate BILL 9

January 11, 1995 - Introduced by Senator Burke. Referred to Committee on Transportation, Agriculture and Local Affairs.

SB9,1,3 An Act to amend 344.02 (3), 344.04 (2) and 344.14 (1m) (intro.) of the statutes; relating to: the impoundment of motor vehicles for failure to provide proof of financial responsibility or a deposit of security after an accident.

Analysis by the Legislative Reference Bureau

Under current law, the department of transportation is required to notify the operator or owner of a motor vehicle that is involved in an accident that results in injury, death or property damage of $500 or more and to obtain a deposit of security for the accident. A deposit is not required if the person can provide proof of financial responsibility (an applicable motor vehicle liability insurance policy or bond was in effect at the time of the accident providing not less than the following amounts for any single accident: $25,000 for one person, $50,000 for more than one person and $10,000 for property damage).

With certain exceptions, failure to provide proof of financial responsibility or a deposit of security after an accident results in revocation of the operator's motor vehicle operating privilege or of the registration of any vehicles registered by the owner of the vehicle involved in the accident. The secretary of transportation may also order that any motor vehicle owned by the operator or owner of the motor vehicle that is involved in the accident be impounded. Any revocation or motor vehicle impoundment continues until the person provides a deposit of security or otherwise clears his or her liability or a year elapses without an action being commenced as a result of the accident.

This bill makes motor vehicle impoundment mandatory for failure to provide proof of financial responsibility or a deposit of security after an accident.

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:

SB9, s. 1 Section 1. 344.02 (3) of the statutes is amended to read:

SB9,2,6 344.02 (3) Upon completion of the hearing, the department shall make findings of fact, conclusions of law, and a decision, and shall either proceed to order revocation of the person's operating privilege, or registrations, or both, and may shall also order the impoundment of the person's motor vehicle, in accordance with s. 344.14, or upon good cause appearing therefor, shall terminate the proceedings.

SB9, s. 2 Section 2. 344.04 (2) of the statutes is amended to read:

SB9,3,2 344.04 (2) Upon receiving information, other than of a judgment for damages in a court of this state, that would be cause for revocation of registration or impoundment of the vehicle, the secretary shall notify the registrant of the intention to revoke such registration or impound the vehicle. The registrant may thereupon petition any court of record in the registrant's county for an order enjoining the secretary's contemplated action, whereupon the judge of such court shall grant an order restraining the secretary in the matter until the petition is finally determined by the court. If such petition and order are served upon the secretary within 10 days after the date of the secretary's notice or in any event before the secretary has revoked the registration or impounded the vehicle, the secretary shall await the final determination of the court. The secretary shall be given notice of the hearing. Upon a showing that it would result in undue hardship upon the petitioner to have any such registration revoked or the vehicle impounded, the court shall may issue an order restraining the secretary from revoking the registration or impounding the vehicle.

SB9, s. 3 Section 3. 344.14 (1m) (intro.) of the statutes is amended to read:

SB9,3,5 344.14 (1m) (intro.) In addition to the revocations under sub. (1), the secretary may shall order the impoundment of any motor vehicle which is:

SB9, s. 4 Section 4. Initial applicability; transportation.

SB9,3,8 (1)  Motor vehicle impoundment. This act first applies to accidents occurring on the effective date of this subsection.

SB9,3,9 (End)