The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB423,1 1Section 1. 341.66 of the statutes is created to read:
AB423,2,3 2341.66 Administrative impoundment of registration plates. (1)
3Definitions. In this section:
AB423,2,44 (a) "Close associate" means any of the following:
AB423,2,55 1. A parent, stepparent, or guardian.
AB423,2,86 2. A person related by blood, marriage, or adoption who is a brother, sister,
7stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent,
8great-grandparent, great-uncle, or great-aunt.
AB423,2,99 3. A person residing together with another.
AB423,2,1110 4. A person who regularly associates and communicates with another outside
11of a workplace setting.
AB423,2,1212 (b) "Impoundment violation" means:
AB423,3,2
11. A violation subject to counting under s. 343.307 (2) under any of the following
2circumstances:
AB423,3,43 a. Within 10 years of a prior conviction, suspension, or revocation counted
4under s. 343.307 (2).
AB423,3,65 b. If the violator had an alcohol concentration of more than twice the prohibited
6alcohol concentration.
AB423,3,87 c. If a minor passenger under 16 years of age and more than 36 months younger
8than the violator was in the vehicle at the time of the violation.
AB423,3,99 2. A violation of s. 343.05 by a person to whom s. 343.06 (1) (h) applies.
AB423,3,1110 (c) "Violator" means a person who was driving or operating a motor vehicle
11when an impoundment violation occurred.
AB423,3,13 12(2) Impoundment order. (a) The department shall issue a registration plate
13impoundment order when any of the following occurs:
AB423,3,1414 1. A person's operating privilege is revoked for an impoundment violation.
AB423,3,1615 2. A person is arrested for or charged with an impoundment violation under
16sub. (1) (b) 2.
AB423,3,2017 (b) Except as provided in par. (c), the impoundment order shall require the
18impoundment of the registration plates of the motor vehicle involved in the
19impoundment violation and of any other motor vehicle owned by, or registered or
20leased in the name of, the violator.
AB423,3,2221 (c) An impoundment order may not require the impoundment of the
22registration plates of any of the following:
AB423,3,2423 1. A rental vehicle that is leased in the name of the violator and is part of a fleet
24of 2 or more motor vehicles that are rented for periods of 30 days or less.
AB423,3,2525 2. A vehicle registered in another state.
AB423,4,6
1(3) Notice of impoundment. (a) An impoundment order under sub. (2) is
2effective when the department provides the violator or registered owner of the motor
3vehicle with a notice of the department's intent to impound the vehicle's registration
4plates and the registration plate impoundment order. If mailed, the order of
5impoundment is effective 3 days after mailing to the last-known address of the
6violator or registered owner.
AB423,4,107 (b) The notice under par. (a) shall include information regarding the
8requirements of sub. (4), the procedure to obtain new registration plates under sub.
9(5), the right to obtain administrative review under sub. (6), and the right to obtain
10judicial review under sub. (7).
AB423,4,1511 (c) If a notice and order under par. (a) are provided to a registered owner other
12than the violator, the department shall also provide a temporary vehicle permit for
13the vehicle that is valid for 45 days. The permit shall be in a form determined by the
14department and, whenever practicable, shall be posted on the left side of the inside
15rear window of the vehicle.
AB423,4,2116 (d) 1. If a law enforcement officer arrests a person for an impoundment
17violation under sub. (1) (b) 2., the officer shall provide the person with a notice of the
18department's intent to impound the vehicle's registration plates and a registration
19plate impoundment order. If the vehicle involved in the violation is accessible to the
20officer at the time of providing the impoundment order, the officer shall seize and
21destroy the vehicle's registration plates.
AB423,4,2522 2. The officer shall provide the department with copies of the notice and the
23order under this paragraph and, if registration plates have been seized and
24destroyed under this paragraph, a notice that the registration plates impounded
25under this paragraph have been destroyed.
AB423,5,5
1(4) Surrender of registration plates. (a) Except as provided in par. (c), not
2more than 7 days after an impoundment order under sub. (2) becomes effective, a
3person subject to the order shall surrender all registration plates subject to the order
4that were not seized under sub. (3) (d). The registration plates shall be surrendered
5to a law enforcement agency together with a copy of the impoundment order.
AB423,5,86 (b) A law enforcement agency that receives registration plates under par. (a)
7shall destroy the plates and provide the department with a copy of the impoundment
8order and a notification that the plates have been destroyed.
AB423,5,139 (c) A violator may file a sworn statement with the department not more than
107 days after an impoundment order under sub. (2) becomes effective, providing any
11material information relating to the impoundment order. If the violator states that
12the vehicle has been sold or destroyed, he or she shall supply the date, name, location,
13and address of the person or entity that purchased or destroyed the vehicle.
AB423,5,1714 (d) The department shall rescind the impoundment order if the department
15determines that the impoundment order was not properly issued or if it finds that
16the vehicle has been sold or destroyed and is no longer available for use by the
17violator.
AB423,5,20 18(5) Recission of impoundment order. (a) The department shall rescind an
19impoundment order under sub. (2) that was provided to a registered owner other
20than the violator if any of the following applies:
AB423,5,2321 1. The violator possessed a valid operator's license on the date of the
22impoundment violation and the owner files with the department a sworn statement,
23in a form prescribed by the department, containing all of the following:
AB423,5,2524 a. A statement that the owner is the registered owner of the vehicle from which
25registration plates have been impounded under this section.
AB423,6,2
1b. A statement that the owner is the current owner and possessor of the vehicle
2used in the violation.
AB423,6,33 c. The date on which the violator obtained the vehicle from the owner.
AB423,6,54 d. The residence addresses of the owner and the violator on the date that the
5violator obtained the vehicle from the owner.
AB423,6,76 e. A statement that the owner was not a passenger in the vehicle at the time
7of the impoundment violation.
AB423,6,98 f. A statement that the owner knows that the violator may not drive or operate
9a motor vehicle without a valid operator's license.
AB423,6,1310 2. The violator did not possess a valid operator's license on the date of the
11impoundment violation and the owner made a report to a law enforcement agency
12before the impoundment violation stating that the vehicle had been taken from the
13person's possession or was being used without permission.
AB423,6,1914 (b) The department may issue special registration plates under sub. (10) to a
15registered owner, other than the violator, if the violator did not possess a valid
16operator's license and the owner did not make a report under par. (a) 2. The plates
17shall be valid for a period of one year from the effective date of the impoundment
18order under sub. (2). After this period, the owner may apply for another registration
19plate under this chapter.
AB423,6,2220 (c) If registration plates were seized and destroyed and the impoundment order
21is rescinded, the owner shall receive new registration plates, of the same kind as were
22impounded under this section, at no cost.
AB423,7,4 23(6) Administrative review. (a) At any time during the effective period of an
24impoundment order under sub. (2), a person subject to the order may request, in
25writing, a review of the order. Upon receiving a request for review, the department

1shall review the order, the evidence upon which the order was based, and any other
2material information and determine whether sufficient cause exists to sustain the
3order. The department shall provide a written decision not more than 15 days after
4receiving the request.
AB423,7,75 (b) If a registered owner's operating privilege was not revoked as a result of the
6plate impoundment violation, the department may authorize the issuance of new
7registration plates to the owner at no cost.
AB423,7,98 (c) The department's decision under this section is not subject to review under
9ch. 227.
AB423,7,14 10(7) Judicial review. (a) Not later than 30 days after an impoundment order
11under sub. (2) becomes effective, a person may petition for judicial review of the
12order. The petition must state with specificity the grounds upon which the petitioner
13seeks rescission of the order for impoundment. The petition must include all of the
14following:
AB423,7,1515 1. Proof of service of a copy of the petition on the department.
AB423,7,1616 2. The petitioner's date of birth.
AB423,7,1717 3. The petitioner's operator's license number.
AB423,7,1818 4. The date of the plate impoundment violation.
AB423,7,1919 5. The name of the violator.
AB423,7,2120 6. The name of the law enforcement agency that issued the plate impoundment
21order.
AB423,7,2522 (b) The filing of a petition under this subsection does not stay the impoundment
23order. The reviewing court may order a stay of the balance of the impoundment
24period if the hearing has not been conducted within 60 days after filing of the
25petition.
AB423,8,1
1(c) The scope of a hearing under this subsection is limited to:
AB423,8,52 1. If the impoundment order is based on an impoundment violation under sub.
3(1) (b) 1. b. or c., whether the law enforcement officer had probable cause to believe
4the violator committed the impoundment violation and whether the evidence
5demonstrates that the plate impoundment violation occurred.
AB423,8,86 2. If the impoundment order is not based on an impoundment violation under
7sub. (1) (b) 1. b. or c., whether the law enforcement officer had probable cause to
8believe the violator committed the plate impoundment violation.
AB423,8,109 (d) In a hearing under this subsection, all of the following records are
10admissible evidence:
AB423,8,1111 1. Certified copies of the violator's driving record.
AB423,8,1212 2. Certified copies of vehicle registration records bearing the violator's name.
AB423,8,1513 (e) The court shall order either that the impoundment be rescinded or
14sustained and forward the order to the department. The court shall file its order not
15more than 14 days after the hearing.
AB423,8,22 16(8) Rescission of revocation and dismissal. If the charge for the impoundment
17violation that is the basis for an impoundment order under sub. (2) is dismissed with
18prejudice and the applicant's operator's license revocation is rescinded, upon
19application, the department shall issue new registration plates, of the same kind as
20were impounded under this section, for the motor vehicle at no cost if the applicant
21provides a copy of the order rescinding the revocation of operating privilege and the
22order dismissing the charge that is the basis for the impoundment order.
AB423,9,2 23(9) Charge for reinstatement of plates in certain situations. When the
24department reinstates a person's registration plates after impoundment for a reason

1other than described in sub. (8), the department shall charge the person $50 for each
2vehicle for which the registration plates are being reinstated.
AB423,9,7 3(10) Special registration plates. (a) At any time during the effective period
4of an impoundment order, a violator or owner may apply to the department for special
5registration plates that bear a special series of numbers or letters so as to be readily
6identified by traffic officers. The department may issue the plates if any of the
7following applies:
AB423,9,98 1. The violator has a qualified licensed driver. The violator must identify the
9driver to qualify under this subdivision.
AB423,9,1110 2. The violator or registered owner possesses a valid occupational license issued
11under s. 343.10.
AB423,9,1312 3. The registered owner is not the violator and the registered owner possesses
13a valid operator's license.
AB423,9,1514 4. A member of the registered owner's household possesses a valid operator's
15license.
AB423,9,1616 5. The violator has been reissued a valid operator's license.
AB423,9,2017 (b) The department may not issue registration plates other than special plates
18for a vehicle subject to an impoundment order under sub. (2) for a period of one year
19from the date of the order. If the owner is the violator, the department may not issue
20registration plates unless the person has been reissued a valid operator's license.
AB423,9,2221 (c) A violator may not apply for registration plates for a vehicle before the
22person's operating privilege is reinstated.
AB423,9,2423 (d) The department shall charge a fee of $50 for each vehicle for which special
24plates are requested.
AB423,10,3
1(e) Notwithstanding pars. (a) to (d), the department shall issue upon request
2registration plates other than special plates for a vehicle for which the registration
3plates have been impounded if any of the following applies:
AB423,10,44 1. The impoundment order is rescinded.
AB423,10,55 2. The vehicle is transferred under sub. (11).
AB423,10,76 3. The vehicle is transferred to a licensed automobile dealer, a financial
7institution that has submitted a repossession affidavit, or a government agency.
AB423,10,11 8(11) Sale of vehicle subject to impoundment order. A registered owner may
9not sell or transfer a motor vehicle during the time its registration plates have been
10ordered impounded or during the time its registration plates bear a special series of
11numbers or letters, unless all of the following apply:
AB423,10,1212 (a) The sale is for a valid consideration.
AB423,10,1313 (b) The transferee and the registered owner are not close associates.
AB423,10,1514 (c) The transferee provides a sworn statement in a form prescribed by the
15department stating all of the following:
AB423,10,1616 1. That the transferee and the violator are not close associates.
AB423,10,1817 2. That the transferee understands that the vehicle is subject to an
18impoundment order.
AB423,10,2119 3. That the transferee understands that it is a crime to file a false statement
20or to allow the previously registered owner to drive, operate, or be in control of the
21vehicle during the impoundment period.
AB423,10,24 22(12) Acquiring another vehicle. Except as provided in sub. (10), the
23department may not issue registration plates for which a violator applies during the
24effective period of the registration plate impoundment under this section.
AB423,10,25 25(13) Penalties. (a) No person may do any of the following:
AB423,11,2
11. Fail to comply with an impoundment order under sub. (2) to which the person
2is subject.
AB423,11,33 2. File a false statement under sub. (4) (c), (5), or (11) (c).
AB423,11,64 3. Operate a motor vehicle on a highway when the vehicle is subject to an
5impoundment order under sub. (2), unless special plates have been issued for the
6vehicle under sub. (10).
AB423,11,87 4. Fail to notify the department of the impoundment order under sub. (2) when
8requesting new plates.
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