2023 - 2024 LEGISLATURE
March 1, 2023 - Introduced by Senators Nass, L. Johnson, Ballweg, Jacque and
Taylor, cosponsored by Representatives Donovan, Knodl, Allen, Baldeh,
Binsfeld, Duchow, Gundrum, S. Johnson, Kurtz, Maxey, Murphy, Myers,
Nedweski, Novak, O'Connor, Ortiz-Velez, Rettinger, Steffen and
Wichgers. Referred to Committee on Judiciary and Public Safety.
SB92,1,3 1An Act to repeal 349.025 (1) (b); to renumber and amend 349.01 (2); to amend
2349.03 (5) (a); and to create 349.01 (2) (m) and 349.115 of the statutes; relating
impoundment of vehicles used in certain reckless driving offenses.
Analysis by the Legislative Reference Bureau
Under this bill, a political subdivision may enact an ordinance authorizing law
enforcement officers to impound vehicles used in reckless driving offenses when the
person cited for reckless driving is the owner of the vehicle and has a prior reckless
driving conviction for which a forfeiture was imposed that has not been fully paid.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB92,1 4Section 1. 349.01 (2) of the statutes is renumbered 349.01 (2) (intro.) and
5amended to read:
SB92,1,66 349.01 (2) (intro.) In this chapter, “ chauffeur":
SB92,1,8 7(b) “Chauffeur” means a person employed full time or on a regular basis,
8including leased drivers, for the principal purpose of operating a motor vehicle.
1Section 2. 349.01 (2) (m) of the statutes is created to read:
SB92,2,22 349.01 (2) (m) “Political subdivision” means a city, village, town, or county.
SB92,3 3Section 3. 349.025 (1) (b) of the statutes is repealed.
SB92,4 4Section 4. 349.03 (5) (a) of the statutes is amended to read:
SB92,2,105 349.03 (5) (a) Notwithstanding sub. (1), a political subdivision, as defined in
6s. 349.025 (1) (b),
may enter into a written agreement with the owner of a private road
7or driveway within a manufactured and mobile home community, as defined in s.
866.0435 (1) (cg), that is located within the boundaries of the political subdivision to
9enforce traffic regulations under ch. 346, or local ordinances in conformity with these
10regulations, on the private road or driveway.
SB92,5 11Section 5. 349.115 of the statutes is created to read:
SB92,2,20 12349.115 Authority to impound vehicles. (1) A political subdivision may,
13by ordinance, authorize a law enforcement officer to impound any vehicle used in the
14commission of a violation of s. 346.62 or a local ordinance in strict conformity with
15s. 346.62 at the time of issuing a citation for the offense if the person cited is the owner
16of the vehicle and the person has a prior conviction for a violation of s. 346.62 or a
17local ordinance in strict conformity with s. 346.62 for which a forfeiture was imposed
18that has not been fully paid. The ordinance may provide for impoundment of the
19vehicle until the person fully pays the prior forfeiture amount and makes a deposit
20under s. 345.26 for the citation for which the vehicle was impounded.
SB92,2,24 21(2) A political subdivision shall return to its owner a vehicle impounded under
22sub. (1) upon payment of the prior forfeiture amount described in sub. (1) and the
23making of a deposit under s. 345.26 for the citation for which the vehicle was
1(3) A political subdivision that has impounded a vehicle under sub. (1) may
2dispose of the vehicle by following the same procedure as provided for disposing of
3an abandoned vehicle under s. 342.40 if the impounded vehicle remains unclaimed
4for more than 90 days after the disposition of the citation for which the vehicle was
SB92,3,66 (End)