Amendment AA1-ASA1-SB40

SB40-ASA1-AA1,411,17 1949. Page 1452, line 17: after that line insert:

SB40-ASA1-AA1,411,18 " Section 3435x. 349.132 of the statutes is created to read:

SB40-ASA1-AA1,411,20 349.132 Authority to immobilize, remove, impound, and dispose of motor vehicles for nonmoving traffic violations. (1) In this section:

SB40-ASA1-AA1,411,24 (a) "Habitual parking violator" means a person who has received, more than 28 days previously, 3 or more citations for nonmoving traffic violations that remain unpaid and for which the person has not scheduled an appearance in court in response to the citations.

SB40-ASA1-AA1,412,1 (b) "Immobilization device" has the meaning given in s. 341.65 (1) (a).

SB40-ASA1-AA1,412,2 (c) "Nonmoving traffic violation" has the meaning given in s. 345.28 (1) (c).

SB40-ASA1-AA1,412,3 (d) "Owner" has the meaning given in s. 341.65 (1) (am).

SB40-ASA1-AA1,412,5 (e) "Parking enforcer" means a traffic officer or any other person who enforces nonmoving traffic violations and who is employed by a municipality or county.

SB40-ASA1-AA1,412,9 (2) The governing body of any municipality or county may by ordinance provide for the immobilization or removal, impoundment, and disposal of vehicles owned by habitual parking violators as provided in this section. Any ordinance under this section shall do all of the following:

SB40-ASA1-AA1,412,11 (a) Limit application of the ordinance to those motor vehicles for which all of the following apply:

SB40-ASA1-AA1,412,16 1. The municipality or county has cited the owner of the motor vehicle for 3 or more nonmoving traffic violations that, at the time of the vehicle's immobilization or removal, occurred more than 28 days previously and for which the owner has neither paid the forfeiture for each of these violations nor scheduled an appearance in court in response to each of these citations.

SB40-ASA1-AA1,412,21 2. a. The municipality or county has mailed to the last-known address of the owner at least one notice that specifies, for each citation counted under subd. 1., the date on which the citation was issued, the license number of the vehicle involved, the place where the citation may be paid, the amount of the forfeiture, and the means by which the citation may be contested.

SB40-ASA1-AA1,413,3 b. The notice under subd. 2. a. shall also inform the owner that any motor vehicle owned by him or her may be immobilized with an immobilization device or removed and impounded if, within 28 days after the owner has received 3 or more citations and at the time the vehicle is immobilized or removed and impounded, the owner has not either paid the forfeiture for each violation that occurred more than 28 days previously or scheduled an appearance in court in response to each citation issued more than 28 days previously for which the forfeiture has not been paid.

SB40-ASA1-AA1,413,5 c. The notice under this subdivision may be combined with any other notice provided by the municipality or county to the owner.

SB40-ASA1-AA1,413,12 (b) Authorize any parking enforcer who discovers any motor vehicle to which par. (a) applies that is legally or illegally parked on any portion of the street, highway, or publicly owned or leased parking facility within the corporate limits of the municipality or county to cause the motor vehicle to be immobilized with an immobilization device or removed to a suitable place of impoundment or both. Upon immobilization or removal of the motor vehicle, the parking enforcer shall follow the notification procedure specified in s. 341.65 (2) (b).

SB40-ASA1-AA1,413,15 (c) Specify whether the municipality or county may contract with a 3rd party for the performance of services related to immobilization or removal of motor vehicles, which services shall be rendered only at the request of a parking enforcer.

SB40-ASA1-AA1,413,17 (d) Provide for a reasonable removal fee, if any, that will be charged to remove an immobilization device placed on a vehicle under this section.

SB40-ASA1-AA1,413,20 (e) Provide for the recovery of reasonable towing or storage charges associated with the removal or impoundment of a vehicle, and of reasonable charges associated with disposal of a vehicle, under this section.

SB40-ASA1-AA1,413,24 (f) Require that, if the motor vehicle is immobilized, the parking enforcer or a 3rd party contractor place in a highly visible location and a reasonably secure manner on the vehicle, at the time of immobilization, a written notice that does all of the following:

SB40-ASA1-AA1,414,2 1. Warns any driver of the vehicle that the immobilization device has been placed on the vehicle.

SB40-ASA1-AA1,414,5 2. Either provides all of the information specified in par. (a) 2. a. or provides a telephone number at which an individual is available to provide such information 24 hours a day.

SB40-ASA1-AA1,414,7 3. States the amount of the removal fee under par. (d), if any, that is in addition to any amount required to be paid as specified in the notice under par. (a) 2. a.

SB40-ASA1-AA1,414,13 (g) If the motor vehicle is immobilized in a time-limited, legal parking space, prohibit the municipality or county from issuing, after the vehicle's immobilization, any citation for a nonmoving traffic violation for the vehicle within the first 4 hours after the vehicle is immobilized and during any hours in which the municipal court or clerk's office of the circuit court that would be contacted to arrange an appearance for purposes of sub. (3) (b) is not open for regular business.

SB40-ASA1-AA1,414,18 (h) If the motor vehicle is immobilized, require the municipality or county, or a 3rd party contractor, to remove, or provide sufficient information to allow the vehicle owner to remove, the immobilization device without undue delay, not to exceed 3 hours, after receiving notice that the person has satisfied the requirements for release of the motor vehicle under sub. (3) (b).

SB40-ASA1-AA1,414,21 (3) (a) Any motor vehicle immobilized or impounded as provided in sub. (2) shall remain immobilized or impounded until lawfully claimed or disposed of as provided in this subsection and sub. (5).

SB40-ASA1-AA1,415,2 (b) The owner of a motor vehicle that is immobilized under sub. (2) may secure release of the motor vehicle by paying any removal fee specified in sub. (2) (d) and either paying all forfeitures specified in each notice under sub. (2) (a) 2. a. for citations counted under sub. (2) (a) 1. or scheduling an appearance in court in response to all citations counted under sub. (2) (a) 1. for which the forfeitures have not been paid.

SB40-ASA1-AA1,415,8 (c) The owner of a motor vehicle that is removed and impounded under sub. (2) may secure release of the motor vehicle by paying any charges specified in sub. (2) (e) and either paying all forfeitures specified in the notice under sub. (2) (a) 2. a. for citations counted under sub. (2) (a) 1. or scheduling an appearance in court in response to all citations counted under sub. (2) (a) 1. for which the forfeitures have not been paid.

SB40-ASA1-AA1,415,20 (d) If an owner secures release of a motor vehicle under par. (b) or (c) by scheduling an appearance in court and thereafter fails to appear or fails to comply with any court order with respect to any citation counted under sub. (2) (a) 1. for which the forfeiture has not been fully paid, including failure to satisfy in full any court-ordered payment plan or other agreement approved by the court, the court may order a law enforcement officer, or an authorized employee or contractor of the municipality or county, to immobilize the motor vehicle involved in the nonmoving traffic violations or the municipality or county may cause the motor vehicle to be immobilized or removed and impounded as provided under sub. (2). If the court orders the motor vehicle immobilized, upon compliance with the court order, the court shall order a law enforcement officer, or an authorized employee or contractor of the municipality or county, to remove the immobilization device.

SB40-ASA1-AA1,416,2 (e) Notwithstanding par. (a), if any motor vehicle immobilized or impounded is an unregistered motor vehicle for purposes of s. 341.65 or an abandoned motor vehicle for purposes of s. 342.40, the municipality or county may take any action authorized under s. 341.65 or 342.40. Any vehicle immobilized under this section for longer than the period specified in s. 342.40 (1m) shall be considered abandoned for purposes of s. 342.40.

SB40-ASA1-AA1,416,7 (4) The owner of any motor vehicle immobilized or removed and impounded as provided under this section is responsible for all charges associated with immobilizing, removing, impounding, and disposing of the motor vehicle, as provided under sub. (2) (d) and (e). Charges not recovered from the sale of the motor vehicle may be recovered in a civil action by the municipality or county against the owner.

SB40-ASA1-AA1,416,16 (5) The procedures and provisions of s. 341.65 (2) (f) to (h) shall apply with respect to the impoundment and disposal of motor vehicles authorized to be removed, impounded, and disposed of under this section to the same extent as these provisions apply to the impoundment and disposal of unregistered motor vehicles that are removed under authority of s. 341.65, except that reclamation of the motor vehicle by the owner requires compliance with sub. (3) rather than s. 341.65 (2) (e). The provisions of s. 349.13 (5) (b) shall apply with respect to vehicles removed or stored under this section to the same extent as these provisions apply with respect to vehicles removed or stored under authority of s. 349.13.

SB40-ASA1-AA1,416,21 (6) Any ordinance enacted 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 this section except upon release of the motor vehicle to the owner or to make necessary repairs to a malfunctioning immobilization device.

SB40-ASA1-AA1,416,23 (7) Section 349.137 does not apply to the use of motor vehicle immobilization devices under this section.".

SB40-ASA1-AA1,416,24 1950. Page 1452, line 18: delete lines 18 to 25.

SB40-ASA1-AA1,417,1 1951. Page 1453, line 1: delete lines 1 to 3.

SB40-ASA1-AA1,417,2 1952. Page 1454, line 24: delete that line.

SB40-ASA1-AA1,417,3 1953. Page 1455, line 1: delete lines 1 to 20.

SB40-ASA1-AA1,417,4 1954. Page 1456, line 5: delete lines 5 to 25.

SB40-ASA1-AA1,417,5 1955. Page 1457, line 1: delete lines 1 to 20.

SB40-ASA1-AA1,417,6 1956. Page 1458, line 8: delete lines 8 to 11.

SB40-ASA1-AA1,417,7 1957. Page 1475, line 13: delete lines 13 to 24.

SB40-ASA1-AA1,417,8 1958. Page 1476, line 1: delete lines 1 to 24.

SB40-ASA1-AA1,417,10 1959. Page 1476, line 25: delete the material beginning with that line and ending with page 1477, line 9.

SB40-ASA1-AA1,417,11 1960. Page 1477, line 9: after that line insert:

SB40-ASA1-AA1,417,12 " Section 3563p. 560.01 (2) (a) (title) of the statutes is amended to read:

SB40-ASA1-AA1,417,14 560.01 (2) (a) (title) State economic policy and comprehensive economic development report.

SB40-ASA1-AA1, s. 3563q Section 3563q. 560.01 (2) (a) of the statutes is renumbered 560.01 (2) (a) 1.

SB40-ASA1-AA1, s. 3563r Section 3563r. 560.01 (2) (a) 2. of the statutes is created to read:

SB40-ASA1-AA1,417,21 560.01 (2) (a) 2. Annually, no later than October 1, the department shall submit to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) a comprehensive report assessing economic development programs administered by the department. The report shall include all of the following information:

SB40-ASA1-AA1,417,22 a. A summary of the programs administered by the department.

SB40-ASA1-AA1,418,2 b. Quantifiable performance measures directly related to the purpose of the program.

SB40-ASA1-AA1,418,3 c. A comparison of expected and actual program outcomes.

SB40-ASA1-AA1,418,4 d. A summary of program costs and benefits.

SB40-ASA1-AA1,418,5 e. The number of grants and loans awarded under each program.

SB40-ASA1-AA1,418,6 f. The amount of each grant and loan.

SB40-ASA1-AA1,418,7 g. The recipient of each grant or loan.

SB40-ASA1-AA1,418,8 h. The total amount of grants and loans received by each recipient.

SB40-ASA1-AA1,418,9 i. Any recommended changes to an economic development program.

SB40-ASA1-AA1, s. 3563rm Section 3563rm. 560.03 (15) (intro.) of the statutes is amended to read:

SB40-ASA1-AA1,418,16 560.03 (15) (intro.) Annually, submit Include in the report required under s. 560.01 (2) (a) 2. a summary of the employment impact estimates required under s. 560.034 (2) and a report to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), analyzing the use of industrial revenue bond financing under s. 66.1103 and accurately reporting the benefits of that use, including the effect on employment in this state including, but not limited to:

SB40-ASA1-AA1, s. 3563rp Section 3563rp. 560.03 (26) of the statutes is amended to read:

SB40-ASA1-AA1,418,25 560.03 (26) In cooperation with the department of financial institutions and the board of regents of the University of Wisconsin System, annually conduct and publish include in the report required under s. 560.01 (2) (a) 2. the results of a study of Wisconsin businesses to determine new business formation trends and identify obstacles faced by new Wisconsin businesses and areas where changes in governmental policy may satisfy the needs of new Wisconsin businesses. As part of the study, the department of commerce shall conduct a survey of Wisconsin businesses.".

SB40-ASA1-AA1,419,1 1961. Page 1477, line 15: after that line insert:

SB40-ASA1-AA1,419,2 " Section 3563u. 560.038 of the statutes is repealed.

SB40-ASA1-AA1, s. 3563w Section 3563w. 560.039 of the statutes is repealed.".

SB40-ASA1-AA1,419,4 1962. Page 1477, line 20: after that line insert:

SB40-ASA1-AA1,419,5 " Section 3564d. 560.07 (9) of the statutes is amended to read:

SB40-ASA1-AA1,419,10 560.07 (9) On or before July 1, 1985, and every July 1 thereafter, submit to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), a Include in the report stating required under s. 560.01 (2) (a) 2. information regarding the net jobs gain due to the funds provided to Forward Wisconsin, Inc., under s. 20.143 (1) (bm).

SB40-ASA1-AA1, s. 3564f Section 3564f. 560.08 (2) (m) of the statutes is amended to read:

SB40-ASA1-AA1,419,17 560.08 (2) (m) No later than January 1 of each odd-numbered year, submit to the investment board a Include in the report describing required under s. 560.01 (2) (a) 2. a description of the types of investments in businesses in this state which will have the greatest likelihood of enhancing economic development in this state. The department shall submit to the investment board a copy of the information required under this paragraph.

SB40-ASA1-AA1, s. 3564h Section 3564h. 560.081 (2) (i) of the statutes is amended to read:

SB40-ASA1-AA1,419,20 560.081 (2) (i) As part of the report required under s. 15.04 (1) (d) 560.01 (2) (a) 2., include a report on the effects of the state main street program.

SB40-ASA1-AA1, s. 3564j Section 3564j. 560.10 of the statutes is repealed.

SB40-ASA1-AA1, s. 3564L Section 3564L. 560.11 (1) (b) of the statutes is amended to read:

SB40-ASA1-AA1,420,7 560.11 (1) (b) Periodically Include in the report to the department of natural resources and to the administrator of the federal environmental protection agency required under s. 560.01 (2) (a) 2. information concerning the compliance of the state small business stationary source technical and environmental compliance assistance program with the federal paperwork reduction act, 44 USC 3501 to 3520, the federal regulatory flexibility act, 5 USC 601 to 612, and the federal equal access to justice act, 5 USC 504. The department shall submit to the department of natural resources and to the administrator of the federal environmental protection agency a copy of the information required under this paragraph.".

SB40-ASA1-AA1,420,9 1963. Page 1477, line 22: delete the material beginning with that line and ending with page 1478, line 18.

SB40-ASA1-AA1,420,10 1964. Page 1478, line 22: after that line insert:

SB40-ASA1-AA1,420,11 " Section 3565j. 560.13 (7) of the statutes is amended to read:

SB40-ASA1-AA1,420,17 560.13 (7) On or before December 31, 1998, and annually thereafter, the The department shall submit a include in the report on required under s. 560.01 (2) (a) 2. an evaluation of the effectiveness of the program under this section to the legislature under s. 13.172 (2) and. The department shall provide to the governor and the department of administration a copy of the evaluation required under this subsection.".

SB40-ASA1-AA1,420,18 1965. Page 1478, line 23: after that line insert:

SB40-ASA1-AA1,420,19 " Section 3566q. 560.137 of the statutes is repealed.".

SB40-ASA1-AA1,420,20 1966. Page 1479, line 2: after that line insert:

SB40-ASA1-AA1,420,21 " Section 3568g. 560.14 (3m) of the statutes is repealed.".

SB40-ASA1-AA1,420,22 1967. Page 1479, line 5: after that line insert:

SB40-ASA1-AA1,420,23 " Section 3571d. 560.155 (4) of the statutes is amended to read:

SB40-ASA1-AA1,421,4 560.155 (4) No later than January 31, 2002, the The department shall submit to the legislature under s. 13.172 (2) a report on include in the report required under s. 560.01 (2) (a) 2. an evaluation of the operation and effectiveness of the grant program under this section.".

SB40-ASA1-AA1,421,5 1968. Page 1479, line 13: after that line insert:

SB40-ASA1-AA1,421,6 " Section 3574g. 560.17 (5r) of the statutes is repealed.

SB40-ASA1-AA1, s. 3574i Section 3574i. 560.17 (6m) (a) of the statutes is renumbered 560.17 (6m) and amended to read: