Amendment ASA1-AB419

AB419-ASA1, s. 8 Section 8. 345.28 (4) (c) of the statutes is renumbered 345.28 (4) (c) 1. and amended to read:

AB419-ASA1,5,9 345.28 (4) (c) 1. The notices to the person required under par. (b) 1. shall be mailed on 2 separate days to the last-known address of the person to whom the citation was issued and shall include the date the citation was issued, the license number of the vehicle involved, the place the citation may be paid, the means by which the citation may be contested and the date by which the person must pay or contest the citation to avoid further action by the authority. The notice shall inform the person of the specific actions which the authority and the courts are authorized to take under this section if the person fails to pay the forfeiture or appear in court in response to the citation by the date specified in the notice.

AB419-ASA1, s. 9 Section 9. 345.28 (4) (c) 2. of the statutes is created to read:

AB419-ASA1,5,21 345.28 (4) (c) 2. The notices to the person required under par. (b) 2. shall be mailed on 2 separate days to the last-known address of the person to whom the outstanding towing and storage charges apply and shall include the license number of the vehicle involved, the place where the towing and storage charges may be paid, and the date by which the person must pay the towing and storage charges to avoid further action by the authority. The notice shall inform the person of the specific actions that the authority and the courts are authorized to take under this section if the person fails to pay the towing and storage charges by the date specified in the notice. A notice under this subdivision may be included in a notice mailed to a person under subd. 1. with respect to the nonmoving traffic violation associated with the towing and storage charges.

AB419-ASA1, s. 10 Section 10. 345.28 (4) (e) of the statutes is renumbered 345.28 (4) (e) 1.

AB419-ASA1, s. 11 Section 11. 345.28 (4) (e) 2. of the statutes is created to read:

AB419-ASA1,6,7 345.28 (4) (e) 2. If the person subsequently pays the amount of the outstanding towing and storage charges specified in the notice to the department under par. (a) 1m. and the costs, if any, under par. (d), the department shall be immediately notified in the form and manner prescribed by the department. If the vehicle to which the towing and storage charges apply is owned by a person engaged in the business of renting or leasing motor vehicles and the owner pays the costs, if any, under par. (d) and 50% of the amount of the outstanding towing and storage charges specified in the notice to the department under par. (a) 1m., the authority shall immediately notify the department in the form and manner prescribed by the department.

AB419-ASA1, s. 12 Section 12. 345.28 (4) (h) of the statutes is renumbered 345.28 (4) (h) 1.

AB419-ASA1, s. 13 Section 13. 345.28 (4) (h) 2. of the statutes is created to read:

AB419-ASA1,6,16 345.28 (4) (h) 2. If an authority receives payment of 50% of the amount of the outstanding towing and storage charges specified in the notice to the department under par. (a) 1m. from the owner of a leased or rented vehicle to which the towing and storage charges apply and receives payment of the amount of the outstanding towing and storage charges specified in the notice to the department under par. (a) 1m. from the lessee or renter of the vehicle to which the towing and storage charges apply, the authority shall refund to the owner the 50% payment received.

AB419-ASA1, s. 14 Section 14. 345.28 (5) (a) of the statutes is amended to read:

AB419-ASA1,6,23 345.28 (5) (a) In lieu of the procedure under sub. (4), if the person does not pay the forfeiture or appear in court in response to the citation for a nonmoving traffic violation on the date specified in the citation or, if no date is specified in the citation, within 28 days after the citation was issued, the authority, after sending 2 notices which meet the requirements under sub. (4) (c) 1., may issue a warrant under par. (b) for the person.

AB419-ASA1, s. 15 Section 15. 345.28 (5m) (a) (intro.) of the statutes is amended to read:

AB419-ASA1,7,4 345.28 (5m) (a) (intro.) No notice under sub. (4) (a) 1. may be sent to the department, or if the notice has already been sent the notice shall be canceled, and no further action may be taken against the owner under sub. (4) or (5) or s. 341.10 (7m) or 341.63 (1) (c) if:

AB419-ASA1, s. 16 Section 16. 345.28 (5m) (a) 3. of the statutes is amended to read:

AB419-ASA1,7,8 345.28 (5m) (a) 3. The owner of the vehicle provides the information required under s. 343.46 (3) for such renter or lessee to the authority who issued the citation within 10 days after the 2nd notice was sent to the owner under sub. (4) (c) 1.; and

AB419-ASA1, s. 17 Section 17. 345.28 (5m) (d) of the statutes is amended to read:

AB419-ASA1,7,13 345.28 (5m) (d) The notices to the renter or lessee required under sub. (4) (b) 1. shall be mailed on 2 separate days to the last-known address of the renter or lessee and shall include the information specified in sub. (4) (c) 1. and the name of the owner of the vehicle.

AB419-ASA1, s. 18 Section 18. 345.28 (5r) of the statutes is created to read:

AB419-ASA1,7,18 345.28 (5r) (a) No notice under sub. (4) (a) 2. may be sent to the department, or if the notice has already been sent the notice shall be canceled, and no further action may be taken against the owner under sub. (4) or (5) or s. 341.10 (7m) or 341.63 (1) (c) if:

AB419-ASA1,7,20 1. The vehicle to which towing and storage charges apply is owned by a person engaged in the business of renting or leasing motor vehicles;

AB419-ASA1,7,22 2. At the time of its towing and storage the vehicle was in the possession of a renter or lessee;

AB419-ASA1,7,25 3. The owner of the vehicle provides the information required under s. 343.46 (3) for such renter or lessee to the authority who issued the citation within 10 days after the 2nd notice was sent to the owner under sub. (4) (c) 2.; and

AB419-ASA1,8,3 4. After being notified by the authority, the renter or lessee identified under subd. 3. pays the amount of the outstanding towing and storage charges within 30 days after the 2nd notice from the authority is mailed.

AB419-ASA1,8,8 (b) If the renter or lessee does not pay the amount of the outstanding towing and storage charges, the authority may notify the department under sub. (4) (a) 1m. that towing and storage charges remain unpaid. The action which the authority shall specify that the department take under sub. (4) (a) 2. is limited to refusal of the registration of any vehicle owned by the renter or lessee.

AB419-ASA1,8,13 (c) 1. If the renter or lessee does not pay the amount of the outstanding towing and storage charges within 30 days after the 2nd notice from the authority is mailed to the renter or lessee, the owner shall pay the authority 50% of the amount of the outstanding towing and storage charges. The authority shall notify the owner in writing of its responsibility for this payment.

AB419-ASA1,8,19 2. If the owner does not pay 50% of the amount of the outstanding towing and storage charges within 30 days after notice under subd. 1. has been mailed to the owner, the authority may send a notice to the department under sub. (4) (a) 1m. The action which the authority shall specify that the department take under sub. (4) (a) 2. is limited to suspension of the registration of the vehicle to which the towing and storage charges apply.

AB419-ASA1,8,23 (d) The notices to the renter or lessee required under sub. (4) (b) 2. shall be mailed on 2 separate days to the last-known address of the renter or lessee and shall include the information specified in sub. (4) (c) 2. and the name of the owner of the vehicle.

AB419-ASA1, s. 19 Section 19. 345.28 (7) of the statutes is amended to read:

AB419-ASA1,9,10 345.28 (7) Nothing in this section prevents a court from issuing a warrant under s. 345.36 or 345.37 if the person appears in court in response to a citation for a nonmoving traffic violation or after notice by the authority who issued the citation or the department under sub. (4) with respect to the citation or on the date specified by the officer or the court under sub. (5) and then fails to appear in court at any time fixed by subsequent postponement. Unless the case is tried immediately with the person's consent, any person who is arrested on a warrant issued under this subsection may be released on his or her own recognizance or on posting bond or may be released without bail and shall be released if the person posts cash bail for his or her appearance.

AB419-ASA1, s. 20 Section 20. Nonstatutory provisions.

AB419-ASA1,9,14 (1) Reconciliation provision. This act is void unless Sections 1 and 2 of 2003 Wisconsin Act .... (Assembly Bill 467) become law on or before the effective date of this act.

AB419-ASA1, s. 21 Section 21. Initial applicability.

AB419-ASA1,9,17 (1) This act first applies to persons who incur towing and storage charges on the effective date of this subsection.

AB419-ASA1, s. 22 Section 22. Effective date.

AB419-ASA1,9,20 (1) This act takes effect on February 1, 2004, or on the first day of the first month beginning after publication, whichever is later.

AB419-ASA1,9,21 (End)