LRB-3496/1
ARG:cjs:pg
2003 - 2004 LEGISLATURE
January 21, 2004 - Introduced by Representatives Ainsworth, Albers,
Gunderson, Hahn, Hines, Krawczyk, Ladwig, M. Lehman, LeMahieu, Ott,
Owens, Seratti
and Townsend, cosponsored by Senators Leibham and
Breske. Referred to Committee on Transportation.
AB758,1,3 1An Act to amend 341.65 (2) (b) and 342.40 (3) (a); and to create 349.13 (5) (c)
2of the statutes; relating to: the removal by towing services of unregistered,
3abandoned, or illegally parked vehicles.
Analysis by the Legislative Reference Bureau
Under current law, any city, village, or town (municipality) or any county may
enact an ordinance prohibiting unregistered motor vehicles and providing for, among
other things, the removal and impoundment of such vehicles. Upon discovery of an
unregistered vehicle upon a highway, a law enforcement officer may cause the
vehicle to be removed to a suitable place of impoundment. Upon removal, the law
enforcement officer must notify the sheriff or chief of police of the location to which
the vehicle has been removed and impounded and the reason for the impoundment.
Current law also prohibits any person from abandoning a vehicle on a highway
or public or private property and subjects abandoned vehicles to, among other things,
removal and impoundment. Any municipality or county may enact an ordinance
related to abandoned vehicles. Upon discovery of an abandoned vehicle upon a
highway or public or private property, a law enforcement officer must cause the
vehicle to be removed to a suitable place of impoundment. Upon removal, the law
enforcement officer must notify the sheriff or chief of police of the abandonment and
the location to which the vehicle has been removed and impounded.
Under this bill, a law enforcement officer who causes the removal of a vehicle
by a towing service must, within 24 hours of ordering the removal, notify the towing
service of the name and last-known address of the registered owner and all
lienholders of record of the vehicle.

Current law, with certain exceptions, permits state and local highway
authorities to prohibit or restrict the stopping, standing, or parking of vehicles on
highways under their jurisdictions. A traffic officer may require the removal, to a
permissible parking area or to storage, of a vehicle on a highway in violation of
limitations on stopping, standing, or parking, or of a disabled vehicle that obstructs
the roadway of a freeway or expressway, or of a vehicle involved in trespass parking
on private property, or, in any first class city (presently only Milwaukee), of a disabled
vehicle causing a hazard on any portion of the interstate system, limited access
highway, or expressway.
Under this bill, a traffic or police officer who requests removal of a vehicle by
a towing service must, within 24 hours of requesting the removal, notify the towing
service of the name and last-known address of the registered owner and all
lienholders of record of the vehicle if the removal is to be made to any location other
than a public highway within one-half mile from the location from which the vehicle
is to be removed.
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:
AB758, s. 1 1Section 1. 341.65 (2) (b) of the statutes is amended to read:
AB758,2,122 341.65 (2) (b) Any municipal or university police officer, sheriff's deputy, county
3traffic patrolman, state traffic officer or conservation warden who discovers any
4unregistered motor vehicle located upon any highway may cause the motor vehicle
5to be immobilized with an immobilization device or removed to a suitable place of
6impoundment. Upon immobilization or removal of the motor vehicle, the officer or
7warden shall notify the sheriff or chief of police of the location of the immobilized or
8impounded motor vehicle and the reason for the immobilization or impoundment.
9Upon causing the removal of the motor vehicle by a towing service, the officer or
10warden shall, within 24 hours of ordering the removal, notify the towing service of
11the name and last-known address of the registered owner and all lienholders of
12record of the vehicle.
AB758, s. 2 13Section 2. 342.40 (3) (a) of the statutes is amended to read:
AB758,3,11
1342.40 (3) (a) Any municipal or university police officer, police officer appointed
2under s. 16.84 (2), sheriff's deputy, county traffic patrolman, state traffic officer or
3conservation warden who discovers any motor vehicle, trailer, semitrailer, or mobile
4home on any public highway or private or public property which has been abandoned
5shall cause the vehicle to be removed to a suitable place of impoundment. Upon
6removal of the vehicle the officer or warden shall notify the sheriff or chief of police
7of the abandonment and of the location of the impounded vehicle. Upon causing the
8removal of the motor vehicle by a towing service, the officer or warden shall, within
924 hours of ordering the removal, notify the towing service of the name and
10last-known address of the registered owner and all lienholders of record of the
11vehicle.
AB758, s. 3 12Section 3. 349.13 (5) (c) of the statutes is created to read:
AB758,3,1813 349.13 (5) (c) A traffic or police officer who requests removal of a vehicle under
14subs. (3) to (4) by a towing service shall, within 24 hours of requesting the removal,
15notify the towing service of the name and last-known address of the registered owner
16and all lienholders of record of the vehicle if the vehicle is to be removed to any
17location other than a public highway within one mile from the location from which
18the vehicle is to be removed.
AB758, s. 4 19Section 4. Initial applicability.
AB758,3,2120 (1) This act first applies to vehicles removed on the effective date of this
21subsection.
AB758,3,2222 (End)
Loading...
Loading...