AB423: Bill Text

AB423,5,17 (d) The department shall rescind the impoundment order if the department determines that the impoundment order was not properly issued or if it finds that the vehicle has been sold or destroyed and is no longer available for use by the violator.

AB423,5,20 (5) Recission of impoundment order. (a) The department shall rescind an impoundment order under sub. (2) that was provided to a registered owner other than the violator if any of the following applies:

AB423,5,23 1. The violator possessed a valid operator's license on the date of the impoundment violation and the owner files with the department a sworn statement, in a form prescribed by the department, containing all of the following:

AB423,5,25 a. A statement that the owner is the registered owner of the vehicle from which registration plates have been impounded under this section.

AB423,6,2 b. A statement that the owner is the current owner and possessor of the vehicle used in the violation.

AB423,6,3 c. The date on which the violator obtained the vehicle from the owner.

AB423,6,5 d. The residence addresses of the owner and the violator on the date that the violator obtained the vehicle from the owner.

AB423,6,7 e. A statement that the owner was not a passenger in the vehicle at the time of the impoundment violation.

AB423,6,9 f. A statement that the owner knows that the violator may not drive or operate a motor vehicle without a valid operator's license.

AB423,6,13 2. The violator did not possess a valid operator's license on the date of the impoundment violation and the owner made a report to a law enforcement agency before the impoundment violation stating that the vehicle had been taken from the person's possession or was being used without permission.

AB423,6,19 (b) The department may issue special registration plates under sub. (10) to a registered owner, other than the violator, if the violator did not possess a valid operator's license and the owner did not make a report under par. (a) 2. The plates shall be valid for a period of one year from the effective date of the impoundment order under sub. (2). After this period, the owner may apply for another registration plate under this chapter.

AB423,6,22 (c) If registration plates were seized and destroyed and the impoundment order is rescinded, the owner shall receive new registration plates, of the same kind as were impounded under this section, at no cost.

AB423,7,4 (6) Administrative review. (a) At any time during the effective period of an impoundment order under sub. (2), a person subject to the order may request, in writing, a review of the order. Upon receiving a request for review, the department shall review the order, the evidence upon which the order was based, and any other material information and determine whether sufficient cause exists to sustain the order. The department shall provide a written decision not more than 15 days after receiving the request.

AB423,7,7 (b) If a registered owner's operating privilege was not revoked as a result of the plate impoundment violation, the department may authorize the issuance of new registration plates to the owner at no cost.

AB423,7,9 (c) The department's decision under this section is not subject to review under ch. 227.

AB423,7,14 (7) Judicial review. (a) Not later than 30 days after an impoundment order under sub. (2) becomes effective, a person may petition for judicial review of the order. The petition must state with specificity the grounds upon which the petitioner seeks rescission of the order for impoundment. The petition must include all of the following:

AB423,7,15 1. Proof of service of a copy of the petition on the department.

AB423,7,16 2. The petitioner's date of birth.

AB423,7,17 3. The petitioner's operator's license number.

AB423,7,18 4. The date of the plate impoundment violation.

AB423,7,19 5. The name of the violator.

AB423,7,21 6. The name of the law enforcement agency that issued the plate impoundment order.

AB423,7,25 (b) The filing of a petition under this subsection does not stay the impoundment order. The reviewing court may order a stay of the balance of the impoundment period if the hearing has not been conducted within 60 days after filing of the petition.

AB423,8,1 (c) The scope of a hearing under this subsection is limited to:

AB423,8,5 1. If the impoundment order is based on an impoundment violation under sub. (1) (b) 1. b. or c., whether the law enforcement officer had probable cause to believe the violator committed the impoundment violation and whether the evidence demonstrates that the plate impoundment violation occurred.

AB423,8,8 2. If the impoundment order is not based on an impoundment violation under sub. (1) (b) 1. b. or c., whether the law enforcement officer had probable cause to believe the violator committed the plate impoundment violation.

AB423,8,10 (d) In a hearing under this subsection, all of the following records are admissible evidence:

AB423,8,11 1. Certified copies of the violator's driving record.

AB423,8,12 2. Certified copies of vehicle registration records bearing the violator's name.

AB423,8,15 (e) The court shall order either that the impoundment be rescinded or sustained and forward the order to the department. The court shall file its order not more than 14 days after the hearing.

AB423,8,22 (8) Rescission of revocation and dismissal. If the charge for the impoundment violation that is the basis for an impoundment order under sub. (2) is dismissed with prejudice and the applicant's operator's license revocation is rescinded, upon application, the department shall issue new registration plates, of the same kind as were impounded under this section, for the motor vehicle at no cost if the applicant provides a copy of the order rescinding the revocation of operating privilege and the order dismissing the charge that is the basis for the impoundment order.

AB423,9,2 (9) Charge for reinstatement of plates in certain situations. When the department reinstates a person's registration plates after impoundment for a reason other than described in sub. (8), the department shall charge the person $50 for each vehicle for which the registration plates are being reinstated.

AB423,9,7 (10) Special registration plates. (a) At any time during the effective period of an impoundment order, a violator or owner may apply to the department for special registration plates that bear a special series of numbers or letters so as to be readily identified by traffic officers. The department may issue the plates if any of the following applies:

AB423,9,9 1. The violator has a qualified licensed driver. The violator must identify the driver to qualify under this subdivision.

AB423,9,11 2. The violator or registered owner possesses a valid occupational license issued under s. 343.10.

AB423,9,13 3. The registered owner is not the violator and the registered owner possesses a valid operator's license.

AB423,9,15 4. A member of the registered owner's household possesses a valid operator's license.

AB423,9,16 5. The violator has been reissued a valid operator's license.

AB423,9,20 (b) The department may not issue registration plates other than special plates for a vehicle subject to an impoundment order under sub. (2) for a period of one year from the date of the order. If the owner is the violator, the department may not issue registration plates unless the person has been reissued a valid operator's license.

AB423,9,22 (c) A violator may not apply for registration plates for a vehicle before the person's operating privilege is reinstated.

AB423,9,24 (d) The department shall charge a fee of $50 for each vehicle for which special plates are requested.

AB423,10,3 (e) Notwithstanding pars. (a) to (d), the department shall issue upon request registration plates other than special plates for a vehicle for which the registration plates have been impounded if any of the following applies:

AB423,10,4 1. The impoundment order is rescinded.

AB423,10,5 2. The vehicle is transferred under sub. (11).

AB423,10,7 3. The vehicle is transferred to a licensed automobile dealer, a financial institution that has submitted a repossession affidavit, or a government agency.

AB423,10,11 (11) Sale of vehicle subject to impoundment order. A registered owner may not sell or transfer a motor vehicle during the time its registration plates have been ordered impounded or during the time its registration plates bear a special series of numbers or letters, unless all of the following apply:

AB423,10,12 (a) The sale is for a valid consideration.

AB423,10,13 (b) The transferee and the registered owner are not close associates.

AB423,10,15 (c) The transferee provides a sworn statement in a form prescribed by the department stating all of the following:

AB423,10,16 1. That the transferee and the violator are not close associates.

AB423,10,18 2. That the transferee understands that the vehicle is subject to an impoundment order.

AB423,10,21 3. That the transferee understands that it is a crime to file a false statement or to allow the previously registered owner to drive, operate, or be in control of the vehicle during the impoundment period.

AB423,10,24 (12) Acquiring another vehicle. Except as provided in sub. (10), the department may not issue registration plates for which a violator applies during the effective period of the registration plate impoundment under this section.

AB423,10,25 (13) Penalties. (a) No person may do any of the following:

AB423,11,2 1. Fail to comply with an impoundment order under sub. (2) to which the person is subject.

AB423,11,3 2. File a false statement under sub. (4) (c), (5), or (11) (c).

AB423,11,6 3. Operate a motor vehicle on a highway when the vehicle is subject to an impoundment order under sub. (2), unless special plates have been issued for the vehicle under sub. (10).

AB423,11,8 4. Fail to notify the department of the impoundment order under sub. (2) when requesting new plates.

AB423,11,12 5. If the person is subject to an impoundment order under sub. (2), drive or operate a motor vehicle during the impoundment period, unless the vehicle has special plates issued under sub. (10), and the person possesses a valid operator's license.

AB423,11,15 6. If the person is a transferee of a motor vehicle who has signed a sworn statement under sub. (11) (c), allow the previously registered owner to drive or operate the vehicle during the impoundment period.

AB423,11,16 (b) Any person who violates par. (a) is guilty of a misdemeanor.

AB423,2 Section 2. Initial applicability.

AB423,11,20 (1) This act first applies to violations committed on the effective date of this subsection, but does not preclude the counting of other convictions, suspensions, or revocations as prior violations.

AB423,11,21 (End)