AB121: Bill Text

LRB-0611/1

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1997 - 1998 LEGISLATURE

1997 Assembly BILL 121

February 18, 1997 - Introduced by Representatives Krusick, Ainsworth, Brandemuehl, Handrick, Huber, Kelso, Kreibich, Krug, Ladwig, Lazich, M. Lehman, Musser, Notestein, Olsen, Ott, Schafer, Turner, Urban, Walker and Ward, cosponsored by Senators Darling, Huelsman and C. Potter. Referred to Committee on Highways and Transportation.

AB121,1,3 An Act to amend 347.417; and to create 349.136 of the statutes; relating to: permitting the immobilization of motor vehicles for nonmoving traffic violations.

Analysis by the Legislative Reference Bureau

Under current law, an authority that issues citations for nonmoving traffic violations (parking tickets) may notify the department of transportation if a person fails to pay a parking ticket or appear in court in response to a parking ticket and specify that registration for any vehicle owned by the person is to be refused or registration for the vehicle involved in the parking ticket is to be suspended, or both. The suspension or refusal of vehicle registration 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.

This bill allows a local highway authority, by ordinance or resolution, to authorize any motor vehicle owned by a person who has received 5 or more parking tickets which the person has not paid or for which the person has not appeared in court to be immobilized with an immobilization device that prevents the vehicle from being operated. Notice must be mailed at least 28 days before any motor vehicle owned by the person may be immobilized. If the parking tickets are paid or the person appears in court in response to the parking tickets, the immobilization device is removed from the vehicle.

The bill also provides that, if the immobilization device is removed from a vehicle and the person fails to comply with a court order with respect to the parking tickets, the court may order the vehicle immobilized with an immobilization device.

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:

AB121, s. 1 Section 1. 347.417 of the statutes is amended to read:

AB121,2,7 347.417 Immobilization device tampering. (1) No person may remove, disconnect, tamper with or otherwise circumvent the operation of any immobilization device installed under s. 349.136 (2) or in response to a court order under s. 346.65 (6) or 349.136 (3) (b). This subsection does not apply to the removal of an immobilization device pursuant to a court order, a release under s. 349.136 (3) (a) or to necessary repairs to a malfunctioning immobilization device.

AB121,2,12 (2) The department shall design a warning label which shall be affixed by the owner of each immobilization device before the device is used to immobilize any motor vehicle under s. 346.65 (6) or 349.136 (2) or (3) (b). The label shall provide notice of the penalties for removing, disconnecting, tampering with or otherwise circumventing the operation of the immobilization device.

AB121, s. 2 Section 2. 349.136 of the statutes is created to read:

AB121,2,16 349.136 Authority to immobilize motor vehicles for nonmoving traffic violations. (1) In this section, "nonmoving traffic violation" has the meaning given in s. 345.28 (1) (c).

AB121,2,21 (2) Local authorities with respect to highways under their jurisdiction, including state trunk highways or connecting highways within corporate limits, and parking facilities within corporate limits, may by ordinance or resolution authorize a duly authorized municipal or county representative to immobilize a motor vehicle with an immobilization device if all of the following apply:

AB121,3,3 (a) The local authority has cited the owner of the motor vehicle for 5 or more nonmoving traffic violations for which the owner has neither paid the forfeitures nor appeared in court in response to the citations.

AB121,3,13 (b) The local authority has mailed to the last-known address of the owner at least one notice that specifies, for each citation counted under par. (a), the date on which the citation was issued, the license number of the motor vehicle involved, the amount of the forfeiture, the place where the citation may be paid and the means by which the citation may be contested. The notice shall inform the owner that any motor vehicle owned by him or her may be immobilized with an immobilization device if, within 28 days after the date on which the notice is mailed, the owner does not either pay all forfeitures specified in the notice under this paragraph or appear in court in response to all citations counted under par. (a) for which the forfeitures have not been paid.

AB121,3,17 (c) The owner has not, within 28 days after the date on which the notice is mailed, either paid all forfeitures specified in the notice under par. (b) or appeared in court in response to all citations counted under par. (a) for which the forfeitures have not been paid.

AB121,3,23 (3) (a) The owner of a motor vehicle that is immobilized under sub. (2) may secure release of the motor vehicle by either paying all forfeitures specified in the notice under sub. (2) (b), including a reasonable fee sufficient to cover the cost of immobilizing the motor vehicle with an immobilization device, or appearing in court in response to all citations counted under sub. (2) (a) for which the forfeitures have not been paid.

AB121,4,4 (b) If an owner secures release of a motor vehicle under par. (a) by appearing in court and thereafter fails to comply with any court order with respect to such citations, the court may order a law enforcement officer to immobilize the motor vehicle involved in the nonmoving traffic violations. Upon compliance with the court order, the court shall order a law enforcement officer to remove the immobilization device.

AB121,4,10 (4) Any ordinance or resolution enacted or adopted under this section permitting immobilization of a motor vehicle may prohibit any person from removing, disconnecting, tampering with or otherwise circumventing the operation of an immobilization device installed under sub. (2) or (3) (a) except upon release of the motor vehicle to the owner or to make necessary repairs to a malfunctioning immobilization device.

AB121,4,12 (5) Section 349.137 does not apply to the use of motor vehicle immobilization devices under this section.

AB121,4,13 (End)